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HomeMy WebLinkAboutCity Council - 08/08/2017 AGENDA CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY,AUGUST 8, 2017 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 Jan Curielli Workshop-Heritage Rooms I and II(5:30) I. SOLID WASTE MANAGEMENT PLAN Open Podium - Council Chamber (6:30) II. OPEN PODIUM III. ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,AUGUST 8, 2017 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Council Members Brad Aho, Sherry Butcher Wickstrom, Kathy Nelson, and Ron Case CITY STAFF: City Manager Rick Getschow, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, City Attorney Ric Rosow, and Council Recorder Jan Curielli I. CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS A. DONATION FROM VEIL ORTHODONTICS (Resolution) B. AWARD EFO DESIGNATION TO ASSISTANT FIRE CHIEF BECKI WHITE V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY,JULY 11, 2017 B. CITY COUNCIL MEETING HELD TUESDAY,JULY 11, 2017 VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. APPROVE SECOND READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 11, RELATING TO COMMUNITY CENTERS AND ADOPT RESOLUTION APPROVING SUMMARY ORDINANCE FOR PUBLICATION CITY COUNCIL AGENDA August 8, 2017 Page 2 C. APPROVE SECOND READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 11, RELATING TO DAY CARE FACILITIES AND ADOPT RESOLUTION APPROVING SUMMARY ORDINANCE FOR PUBLICATION D. ADOPT RESOLUTION APPROVING FINAL PLAT OF PRAIRIE BLUFFS SENIOR LIVING E. ADOPT RESOLUTION AMENDING RESOLUTION NO. 2016-33 DESIGNATING CITY COMMUNITY FESTIVALS TO ADD PRAIRIE BREWFEST F. ADOPT RESOLUTION AMENDING RESOLUTION NO. 2016-33 TO AUTHORIZE DISPENSING LIQUOR AT A CITY COMMUNITY FESTIVAL G. ADOPT RESOLUTION APPROVING TRAFFIC SIGNAL MAINTENANCE AGREEMENT WITH STATE OF MINNESOTA FOR FLYING CLOUD DRIVE AT I-494 AND TH 212 H. ADOPT RESOLUTION AUTHORIZING ACQUISITION OF EASEMENTS FOR PRESERVE BOULEVARD IMPROVEMENTS I. APPROVE CHANGE ORDER NO. 4 FOR SOUTHERN SEGMENT OF SHADY OAK ROAD IMPROVEMENTS PROJECT J. ADOPT RESOLUTION AUTHORIZING SETTLEMENT WITH C.S. MCCROSSAN CONSTRUCTION'S CLAIM FOR DELAY COSTS RELATED TO SHADY OAK ROAD SOUTH IMPROVEMENTS PROJECT K. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH HTPO FOR CONSTRUCTION PHASE SERVICES FOR VALLEY VIEW ROAD TRAIL EXTENSION PROJECT L. APPROVE STANDARD SMALL WIRELESS FACILITY COLLOCATION AGREEMENT WITH MOBILITIE,LLC M. AWARD CONTRACT FOR WATER TREATMENT PLANT RETAINING WALL PROJECT TO BLACKSTONE CONTRACTORS N. AWARD CONTRACT FOR IMPROVEMENTS TO STORMWATER WETLAND 05-12-C TO AQUATIC RESTORATION SERVICE, LLC O. AWARD CONTRACT FOR VALLEY VIEW ROAD TRAIL EXTENSION PROJECT TO PETERSON COMPANIES, INC CITY COUNCIL AGENDA August 8, 2017 Page 3 P. AWARD CONTRACT FOR REMODELING FIRE STATION 1 OFFICES TO RJ MARCO CONSTRUCTION Q. AWARD CONTRACT FOR RECARPETING ADMINISTRATION AND POLICE DEPARTMENTS IN CITY HALL TO LAVAN FLOOR COVERING R. DECLARE EQUIPMENT OBSOLETE AND AUTHORIZE DISPOSAL OF PROPERTY IX. PUBLIC HEARINGS/MEETINGS A. ELEVATE AT SOUTHWEST STATION by Timberland Partners Resolution for Comprehensive Guide Plan Change from Regional Commercial to TOD on 2.93 Acres and Text Amendment; Resolution for Planned Unit Development Concept Review on 2.93 Acres; First Reading of an Ordinance for PUD District Review and Zoning District Change from C-REG-SER to TOD-R on 2.93 Acres; Resolution for Preliminary Plat of two lots into one lot on 2.93 Acres B. APPROVE FIRST READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 9, RELATING TO SHADE TREE DISEASE CONTROL C. VACATION OF A PART OF THE DRAINAGE AND UTILITY EASEMENT ON LOT 1, BLOCK 4, THE ENCLAVE AT OLD SHADY OAK(Resolution) X. PAYMENT OF CLAIMS XI. ORDINANCES AND RESOLUTIONS A. APPROVE FIRST AND SECOND READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 4,RELATING TO INSURANCE, COMMUNITY FESTIVALS,AND SUNDAY SALES B. APPROVE FIRST READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 6, RELATING TO SMALL WIRELESS FACILITY PERMITS XII. PETITIONS, REQUESTS,AND COMMUNICATIONS XIII. APPOINTMENTS A. STUDENTS ON COMMISSIONS—FCAAC CITY COUNCIL AGENDA August 8, 2017 Page 4 XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER C. REPORT OF 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: August 7, 2017 TO: Mayor and City Council FROM: Rick Getschow, City Manager RE: City Council Meeting for Tuesday, August 8, 2017 TUESDAY,AUGUST 8, 2017 7:00 PM, COUNCIL CHAMBER I. CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION Open Podium is an opportunity for Eden Prairie residents to address the City Council on issues related to Eden Prairie city government before each Council meeting, typically the first and third Tuesday of each month, from 6:30 to 6:55 p.m. in the Council Chamber. If you wish to speak at Open Podium, please contact the City Manager's Office at 952.949.8412 by noon of the meeting date with your name, phone number, and subject matter. If time permits after scheduled speakers are finished, the Mayor will open the floor to unscheduled speakers. Open Podium is not recorded or televised. If you have questions about Open Podium,please contact the City Manager's Office. IV. PROCLAMATIONS/PRESENTATIONS A. DONATION FROM VEIL ORTHODONTICS (Resolution) Synopsis: Veil Orthodontics is donating a total of$250 to the following programs: KidStock Concert Series, Spooky Saturday, and Halloween on the Mall. MOTION: Move to: Adopt the Resolution accepting the donation of $250 from Veil Orthodontics toward the Parks and Recreation special events. B. AWARD EFO DESIGNATION TO ASSISTANT FIRE CHIEF BECKI WHITE Synopsis: Chief Esbensen will present a framed certificate to Assistant Chief White for her successful completion of the Executive Fire Officer Program. Assistant Chief White is the first person representing EPFD to graduate from the program. Completion of the EFOP is one of the most highly regarded accomplishments in the United States Fire Service. CITY COUNCIL AGENDA August 8, 2017 Page 2 V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Move to approve the agenda.• VI. MINUTES MOTION: Move to approve the following City Council minutlim A. COUNCIL WORKSHOP HELD TUESDAY,JULY 11, 2017 B. CITY COUNCIL MEETING HELD TUESDAY,JULY 11, 2017 VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR MOTION: Move approval of items A-R on the Consent Calendar. A. CLERK'S LICENSE LIST B. APPROVE SECOND READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 11, RELATING TO COMMUNITY CENTERS AND ADOPT RESOLUTION APPROVING SUMMARY ORDINANCE FOR PUBLICATION C. APPROVE SECOND READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 11, RELATING TO DAY CARE FACILITIES AND ADOPT RESOLUTION APPROVING SUMMARY ORDINANCE FOR PUBLICATION D. ADOPT RESOLUTION APPROVING FINAL PLAT OF PRAIRIE BLUFFS SENIOR LIVING E. ADOPT RESOLUTION AMENDING RESOLUTION NO. 2016-33 DESIGNATING CITY COMMUNITY FESTIVALS TO ADD PRAIRIE BREWFEST F. ADOPT RESOLUTION AMENDING RESOLUTION NO. 2016-33 TO AUTHORIZE DISPENSING LIQUOR AT A CITY COMMUNITY FESTIVAL G. ADOPT RESOLUTION APPROVING TRAFFIC SIGNAL MAINTENANCE AGREEMENT WITH STATE OF MINNESOTA FOR FLYING CLOUD DRIVE AT I-494 AND TH 212 CITY COUNCIL AGENDA August 8, 2017 Page 3 H. ADOPT RESOLUTION AUTHORIZING ACQUISITION OF EASEMENTS FOR PRESERVE BOULEVARD IMPROVEMENTS I. APPROVE CHANGE ORDER NO. 4 FOR SOUTHERN SEGMENT OF SHADY OAK ROAD IMPROVEMENTS PROJECT J. ADOPT RESOLUTION AUTHORIZING SETTLEMENT WITH C.S. MCCROSSAN CONSTRUCTION'S CLAIM FOR DELAY COSTS RELATED TO SHADY OAK ROAD SOUTH IMPROVEMENTS PROJECT K. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH HTPO FOR CONSTRUCTION PHASE SERVICES FOR VALLEY VIEW ROAD TRAIL EXTENSION PROJECT L. APPROVE STANDARD SMALL WIRELESS FACILITY COLLOCATION AGREEMENT WITH MOBILITIE, LLC M. AWARD CONTRACT FOR WATER TREATMENT PLANT RETAINING WALL PROJECT TO BLACKSTONE CONTRACTORS N. AWARD CONTRACT FOR IMPROVEMENTS TO STORMWATER WETLAND 05-12-C TO AQUATIC RESTORATION SERVICE, LLC O. AWARD CONTRACT FOR VALLEY VIEW ROAD TRAIL EXTENSION PROJECT TO PETERSON COMPANIES, INC P. AWARD CONTRACT FOR REMODELING FIRE STATION 1 OFFICES TO RJ MARCO CONSTRUCTION Q. AWARD CONTRACT FOR RECARPETING ADMINISTRATION AND POLICE DEPARTMENTS IN CITY HALL TO LAVAN FLOOR COVERING R. DECLARE EQUIPMENT OBSOLETE AND AUTHORIZE DISPOSAL OF PROPERTY IX. PUBLIC HEARINGS/MEETINGS A. ELEVATE AT SOUTHWEST STATION by Timberland Partners Resolution for Comprehensive Guide Plan Change from Regional Commercial to TOD on 2.93 Acres and Text Amendment; Resolution for Planned Unit Development Concept Review on 2.93 Acres; First Reading of an Ordinance for PUD District Review and Zoning District Change from C-REG-SER to TOD-R on 2.93 Acres; Resolution for Preliminary Plat of two lots into one lot on 2.93 Acres CITY COUNCIL AGENDA August 8, 2017 Page 4 Synopsis: The proposed project includes the development of a Transit Oriented Development(TOD)that integrates both residential and commercial development. The project specifically proposes removing the vacant bank and restaurant buildings and constructing a new six story building with 222 residential units above approximately 13,000 square feet of retail/restaurant development. The project proposes the use of structured parking along with the use of existing surface parking. A mix of residential units are proposed ranging from 1 bedroom to 3 bedroom units and the plans indicate 2 restaurant uses (approximately 5,300 and 3,000 square feet respectively) and 2 retail spaces (approximately 2,700 and 2,500 square feet respectively). The developer has indicated a desire to begin construction in late 2017 with anticipated completion in Spring 2019. The project incorporates the use of site amenities,pedestrian connections and sustainable features. MOTION: Move to: 1r T • Close the Public Hearing; and • Adopt the Resolution Amending the Guide Plan from Regional Commercial to Transit Oriented Development (TOD) on 2.93 acres and Amending the Comprehensive Plan Text to Include TOD Land Use Language; and • Adopt the Resolution for a Planned Unit Development Concept Review on 2.93 acres; and • Approve First Reading of an Ordinance for Planned Unit Development District Review with waivers and a Zoning District Change from Com-Reg-Ser to TOD-R on 2.93 acres; and • Adopt the Resolution for a Preliminary Plat of two lots into one lot on 2.93 acres; and • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions including payment of park dedication fees in the amount of $872,700 that may be deferred in accordance with the agreement and including incorporation of alternative vehicle provisions within the project; and • Authorize the issuance of an early Land Alteration Permit for Elevate at SouthWest Station at the request of the Developer subject to the conditions outlined below. B. APPROVE FIRST READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 9, RELATING TO SHADE TREE DISEASE CONTROL Synopsis: Chapter 9 of the City Code contains the City of Eden Prairie's Shade Tree Disease Control requirements. With the discovery of EAB in Eden Prairie, CITY COUNCIL AGENDA August 8, 2017 Page 5 staff believes there is a need to revise regulations to reflect current conditions. Staff has prepared draft text language for the Council to consider based on feedback from the Council and Parks &Natural Resources Commission. The primary proposed changes include: addition of emerald ash borer to the list of public nuisances; defined Procedure for Removal for trees infested with EAB; updated inspection procedures. Other housekeeping changes reflecting current practices and correcting grammatical or typographical errors are also proposed as a part of the update. MOTION: Move to: ■ • Close the Public Hearing; and • Approve First Reading of an Ordinance Amending City Code I. Chapter 9 Relating to Shade Tree Disease Control. C. VACATION OF A PART OF THE DRAINAGE AND UTILITY EASEMENT ON LOT 1, BLOCK 4, THE ENCLAVE AT OLD SHADY OAK(Resolution) Synopsis: Property Owner has requested the vacation of a part of the approximately 36-foot drainage and utility easement on the west portion of Lot 1, Block 4, The Enclave At Old Shady Oak. MOTION: Move to: U • Close the Public Hearing; and • Adopt the Resolution vacating that part of the East 26.25 feet of the West 36.25 feet of Lot 1, Block 4, THE ENCLAVE AT OLD SHADY OAK, Hennepin County, Minnesota, lying between the North 10 feet and the South 10 feet of said Lot 1. X. PAYMENT OF CLAIMS MOTION: Move approval of Payment of Claims as submitted (Roll Call Vote). XI. ORDINANCES AND RESOLUTIONS A. APPROVE FIRST AND SECOND READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 4, RELATING TO INSURANCE, COMMUNITY FESTIVALS,AND SUNDAY SALES Synopsis: The amendment to Section 4.40 conforms the City Code to an amendment by the legislature this year to increase the required dram shop insurance from$300,000 to $310,000. The amendments to Section 4.50 change CITY COUNCIL AGENDA August 8, 2017 Page 6 the reference of a"sale"to the statutory term of"dispense" and allows the City Council to authorize the holder of an on-sale intoxicating liquor license to dispense liquor off premises at a community festival,pursuant to the authority of Minn. Statute Section 340.404 Subd 4 (a) and(b). The amendment to Section 4.71 allows Microdistillery cocktail lounges to apply for a Sunday on-sale of distilled spirits licenses based on the authority of Minnesota Statutes Section 340A.22 and 340.504, Subd. 3. MOTION: Move to: Approve First and Second reading of an Ordinance Amending City Code Chapter 4, Relating to Insurance, Community Festivals, and Sunday Sales. B. APPROVE FIRST READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 6, RELATING TO SMALL WIRELESS FACILITY PERMITS Synopsis: City Code Section 6.03 is being amended to provide that a telecommunication right-of-way user who desires to place a small wireless facility on privately owned wireless support structures in the public right-of-way must obtain a permit from the City. The amendment further provides that a telecommunication right-of-way user who desires to place a small wireless facility on a City-owned wireless support structure must enter into a collocation agreement with the City. City Code Section 6.01 is being amended to update and add definitions. MOTION: Move to: Approve First Reading of an Ordinance Amending City Code Chapter 6, Relating to Small Wireless Facility Permits. XII. PETITIONS, REQUESTS,AND COMMUNICATIONS XIII. APPOINTMENTS A. STUDENTS ON COMMISSIONS —FCAAC Synopsis: This appointment is in addition to appointments made at the July 7, 2017 Council meeting. MOTION: Move to appoint Nathan Bellefeuille to the Flying Cloud Airport Advisory Commission. XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS CITY COUNCIL AGENDA August 8, 2017 Page 7 B. REPORT OF CITY MANAGER C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Move to adjourn the City Council meeting. CITY COUNCIL AGENDA DATE SECTION: Proclamations/Presentations August 8, 2017 DEPARTMENT/DIVISION ITEM DESCRIPTION ITEM NO. Parks and Recreation Accept Donation from Veil Orthodontics toward IV.A. Jay Lotthammer Parks and Recreation Special Events Requested Action Move to: Adopt the resolution accepting the donation of$250 from Veil Orthodontics toward the Parks and Recreation special events. Synopsis Veil Orthodontics will donate to the following programs for a total of$250: • KidStock Concert Series • Spooky Saturday • Halloween on the Mall Veil Orthodontics will be recognized as a Silver sponsor for each of these events. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2017- RESOLUTION RELATING TO ACCEPTANCE OF GIFTS BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT: The gift to the City in the amount of $250 to be used towards KidStock Concerts ($100), Spooky Saturday($50), and Halloween on the Mall ($100) is hereby recognized and accepted by the Eden Prairie City Council. ADOPTED by the City Council of the City of Eden Prairie this 8th day of August 8, 2017. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Proclamations /Presentations August 8, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Fire Award EFO Designation to Eden Prairie Fire IV.B. George Esbensen Department Assistant Chief Becki White Synopsis A framed certificate will be presented to Assistant Chief White for her successful completion of the Executive Fire Officer Program. Assistant Chief White is the first person representing the EPFD to graduate from the program. Background Completion of the Executive Fire Officer Program is one of the most highly regarded accomplishments in the United States Fire Service. The curriculum is considered "Master's Degree" level work. The program spans 4 years and requires the completion of rigorous in class material and 4 substantial research papers which are over seen and evaluated by senior fire service academicians. "The intensive EFOP is designed to provide senior fire officers with a broad perspective on various facets of fire administration," according to Acting U.S. Fire Administrator Denis Onieal. "This program provides fire service officers with the expertise they need to succeed in today's challenging environment." ITEM NO. VI. A. UNAPPROVED MINUTES CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY,JULY 11, 2017 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, Ron Case, and Kathy Nelson CITY STAFF: City Manager Rick Getschow, Police Chief Jim DeMann, Fire Chief George Esbensen, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, Finance Director Sue Kotchevar, City Attorney Ric Rosow, and Recorder Jan Curielli Workshop-Heritage Room II I. 2018/2019 BUDGET Getschow said he will be presenting an overview of the proposed 2018/2019 budget process and Public Works Director Ellis will give a presentation about franchise fees. Getschow reviewed the budget process, starting with the development of the 2017-2018 City- wide work plans by staff followed by a review of the Quality of Life survey results in March, the Council's goal-setting session in April, and the Council workshop to review the 2016 financial results in May. There will be community engagement with the budget process and the City's portion of the total property tax levy through City Connect and other media before the Council adopts a preliminary tax levy and budget on September 3. Further discussion and review of the budget, including enterprise and utility funds, will take place in October and November. On December 12, the Council will hold a public meeting before adopting the final budget and tax levy. Getschow said staff reviewed the Quality of Life survey results and have included in the proposed budget consideration of such concerns as traffic and the increased engagement of our residents in social media. He reviewed the City-wide goals: community well-being and safety; high quality efficient services; preserved and beautiful environment; sense of community; innovative and sustainable practices; and economic vitality. Aho commented we probably would never get up to 90% on the survey question regarding a sense of community. Getschow said that was probably true; however, the percentage for that question increased from 62%to 70% on the 2016 survey. Butcher Wickstrom said she would like to target what people are looking for in a sense of community. Getschow said we have had discussions about digging further into that category. Aho noted Eden Prairie cannot make an historic downtown area at this point. Butcher Wickstrom said we would need to factor that into the numbers if that is what people are looking for. Aho thought we need to strive for improvement,but we won't get that number City Council Workshop Minutes July 11, 2017 Page 2 way up. Nelson said there is not one specific place that is identified with a downtown area, but we need to do what we can to build a sense of community at a reasonable cost. Tyra-Lukens said the sense of community score will never get as high as other items on the survey. She thought a sense of community is probably related to where an individual is in their life. Case noted if we are trending correctly, we are picking up on what we should be doing. We need to know what the current demographic feels is important to building a sense of community. Getschow said we are looking at promoting connectedness in development proposals and have included a sense of community as one of the six goals to work on. Getschow reviewed the General Fund revenue and budget. He noted every other year we raise and adjust our permit and development fees as needed after we see what other cities are doing and determine our cost of doing business. There has been an increase in Community Center revenue and expenditures, and we are coming closer to 100% cost recovery at that facility. Aho asked how much membership at the Community Center has increased. Lotthammer replied volume is up about 5%, and continues to increase. Case asked if we ever expected the facility to reach 100% cost recovery. Lotthammer said we talked about that early on,but when we went forward with the expansion we showed cost recovery to be above 90%. Case thought we did expect to subsidize some of the activities there. Nelson commented our programs are getting to be known throughout the greater metropolitan area, yet we don't charge any more for non-residents than we do residents. Lotthammer replied we do charge more for non-residents and businesses for facility rental and memberships. There is not a high percentage of non-residents in programs, in part because residents can register for programs earlier than non-residents. Getschow reviewed the General Fund expenditure budget, noting both expenditures and revenues are up. The biggest item for expenditures is employee wages and benefits. There is a 3%wage increase included in the budget because we need to be competitive with our wages and benefits. There will be a General Election in 2018. He noted the School District plans to move to even-year elections, so they will be included in the City-wide election once they have moved to even years. He said there are increased pension contributions and duty crew wages included for the Fire Department. Aho asked about the pay rate for the fire fighters. Getschow replied the rate has gone from $8.50 to $13.00 per hour, which is more than 3%. Aho asked why the Police Department percentages are higher than the Fire Department's. Getschow said it is primarily the IT service charges that make the difference. We have also been receiving a lot of requests for data so we are looking at data practices software. Aho asked if we have included body cameras for police. Getschow replied that would be a capital improvement item. Aho commented body cameras would add a lot of administrative costs and City Council Workshop Minutes July 11, 2017 Page 3 the work flow would change. Chief DeMann said the real expense is the management of the data and the storage requirements. Nelson asked if the Police Department has a system whereby an officer can input information and have it be downloaded onto the required forms. Chief DeMann said we have made some efficiencies such as that. Getschow reviewed items proposed for expenditure such as emerald ash borer expenses, LED streetlight requirements, historic interpretive sign replacement, ASPIRE Eden Prairie, and redesign of Life in the Prairie, the City website and the intranet publication,Prairie Pages. Getschow then reviewed the proposed levy and budget. He said there is a 3.7% increase in the General Fund levy, which matches well with what other communities are doing. He said there is a need to add a little more to the capital improvement levy, and the proposal is to go from $200,000 to $300,000 in 2018 and to $400,000 in 2019. He noted with that increase the levy goes to 3.9%, but the debt levy is flat. Aho asked if the decreased liquor revenue has affected that. Kotchevar said we want to have enough to cover all the capital projects, so we need to keep building that fund. Butcher Wickstrom asked about the decrease in liquor revenues. Kotchevar replied revenue is $635,000 this year, but it should go back up. Aho asked if there is an early read on Sunday liquor sales. Kotchevar said the first Sunday sales were $38,000,but last Sunday sales were $16,000. She thought that will be a"wait and see" situation. Getschow said there is an imbalance between the revenue and expenditures of about $283,000. Staff will continue to work on the budget. He noted the Council has not always approved a balanced budget, and we have never needed to transfer funds in because we generally have higher revenue and lower expenditures at the end of the year. Aho asked what the goal is for the amount in the capital improvement fund. Kotchevar said they would like to see a balance of$4,000,000 which would cover about two years of expenditures. Getschow reviewed the tax impact of the proposed budget. He noted Eden Prairie is the fourth lowest out of 14 comparable cities. He said early estimates show that, even with the 3.9% increase in tax levy, our City tax rate will go down. A lot of the estimates depend on the impact of items not yet known such as fiscal disparities and TIF. Tyra-Lukens commented we have a nice situation in the City with low debt and low taxes. Our economy is doing well. She asked if there is some place in the budget to add$100,000 to kickstart some sustainability projects. She suggested using some of the funds to make grants available to residents to make homes more energy efficient. She would like to see what impact that addition would have on the budget. Getschow replied we have talked about possibly issuing debt for some of the larger projects, and that could be on the Capital Improvement Plan. Nelson commented she would like to include things that pay back over several years. City Council Workshop Minutes July 11, 2017 Page 4 II. PAVEMENT MANAGEMENT AND FRANCHISE FEES Ellis gave a PowerPoint presentation about pavement management and franchise fees. He said Eden Prairie has 228 centerline miles of streets whose average age is 30 years. We expect to get 60 years of life from our streets if we do preventive maintenance and timely repair. The goal is to keep the Pavement Management Index (PMI)between an"excellent" or"very good" rating. He said costs of street maintenance range from 50 cents per square foot for preservation and up to $8 per square feet if the roads fail. Ellis reviewed the franchise fees that have been used for pavement management since the fees were first adopted in 2011. The fee has been $2.50 per month, per utility. If the franchise fee stays the same, the PCI will drop down to "good"between 2022 and 2025. In order to maintain the goal of"very good"to "excellent,"the franchise fees would need to be increased gradually up to $4.00 per month, per utility. Getschow noted we would expect to put the increases in place over a period of ten years. Getschow asked if Council Members had any other concerns. Aho said the increases are a little above his comfort level. He asked if we plan to keep the current staffing. Getschow said there is nothing in the budget to increase the number of full time employees. Aho said he would feel more comfortable if the tax levy were closer to a 3% increase as it feels we have been creeping up a percentage or two every year. Case commented the budget ought to drive the tax levy. Tyra-Lukens noted 70% of the budget is wages. Nelson said we can't necessarily replace our good quality employees if we lose them. Getschow said several adjustments were made to the budget prior to tonight's meeting. If there were to be a different budget, we would be looking at the use of reserves. Aho noted we have gotten a lot more efficient in our services and asked if there is anything we can do to lower the increases in the near term. Getschow replied we are looking at a lower budget and a lower levy in 2019, when the increase will be closer to 3%. II. OPEN PODIUM A. DENNIS GALLAHER—PICKLEBALL COURT DEVELOPMENT Dennis Gallaher, President of the Southwest Metro Pickleball Club, said their club has 442 members, 85 of whom are Eden Prairie residents. He noted the sport is exploding and has great health benefits for players. He reviewed the existing courts and proposed development of additional courts here and in surrounding communities. He said the need is for larger 10-12 court facilities where players can congregate in one location to play and socialize. Tyra-Lukens said there will be a report from Parks &Recreation Director Lotthammer about pickleball at tonight's City Council meeting. Mr. Gallaher said his group has been trying to raise funds to help develop additional courts and would be willing to provide $10,000 in funding. City Council Workshop Minutes July 11, 2017 Page 5 Aho asked Mr. Gallaher how many courts they would need. Mr. Gallaher said a 12-court complex would be ideal. B. KIM BATEMAN,ASAD ALIWEYD AND JOAN HOWE-PULLIS—EP COMMUNITY HOUSING COALITION Kim Bateman, representing the Eden Prairie Community Housing Coalition, introduced other members of the coalition and said they are dedicated to working with the City and developers to increase the affordable housing options in the City. Asad Aliweyd, Community Housing Coalition member, said their first goal is to help residents with their affordable housing needs. David Saltzman, Community Housing Coalition member, said the Jewish Community Action group is also interested in promoting affordable housing in Eden Prairie. He noted Eden Prairie has a long and well-documented policy of inclusion, but an improving economy has impacted rental rates which has caused hardship for low income residents. Joan Howe-Pullis, Community Housing Coalition member, said the group supports development of a housing project with 100% affordable housing, such as the Aeon project that proved impossible to build. She asked the City to look for other sites with similar potential. C. CLAIRE BLESER Claire Bleser, an Eden Prairie resident near Duck Lake, commended the Parks, Police and Fire Departments for the great safety camp at Riley Lake. She was concerned about the situation involved in crossing Eden Prairie Road and 72nd Street, near the Eden Prairie Community Center where children must cross the street to get to the Community Center. She was also concerned about traffic in the Community Center parking lot where many people are busy on cell phones as they walk and drive. She suggested making that parking lot a cell phone-free zone. III. ADJOURNMENT ITEM NO. VI. B. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,JULY 11, 2017 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Council Members Brad Aho, Sherry Butcher Wickstrom, Ron Case, and Kathy Nelson CITY STAFF: City Manager Rick Getschow, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, City Attorney Ric Rosow, and Council Recorder Jan Curielli I. CALL THE MEETING TO ORDER Mayor Tyra-Lukens called the meeting to order at 7:06 PM. All Council Members were present. II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS A. TELESCOPE DONATION TO OUTDOOR CENTER (Resolution No. 2017- E1 Lotthammer said Doug and Carolyn Kohrs helped with the development of the observatory at the Outdoor Center in 2009. There is a need to upgrade the programs at the observatory, and the Kohrs' have agreed to fund a new telescope which is lighter in weight, more efficient and more effective than the old one. Doug and Carolyn Kohrs said they are scientists who have a passion to support sciences. They thanked the Council for the opportunity to help with the observatory. Tyra-Lukens thanked them for the donation and noted what a great asset we have in the observatory. MOTION: Nelson moved, seconded by Butcher Wickstrom, to adopt Resolution No. 2017-67 accepting the donation from Doug and Carolyn Kohrs in the amount of$18,000 for the purchase of a new telescope at the Staring Lake Outdoor Center Observatory. Motion carried 5-0. CITY COUNCIL MINUTES July 11, 2017 Page 2 B. INTRODUCTION AND OVERVIEW OF OUTDOOR CENTER OWL Lotthammer said we have become a caregiver for a barred owl at the Outdoor Center. Stan Tekiela, Recreation Supervisor, brought Whisper, the barred owl, into the Council Chamber for display. Lotthammer said Whisper has helped to increase public participation in the Outdoor Center. Whisper has breaks in his wings and cannot survive in the wild, so we have become his caregiver at the Outdoor Center. C. SCULPTURE DONATION FOR COMMUNITY CENTER (Resolution No. 2017-68) Lotthammer said Richards Poey has selected the Community Center as a home for his sculpture. Mr. Poey and his wife live in Eden Prairie and visit the Community Center often. Richards Poey described his sculpture entitled"Like A Tree, Rooted in the Earth." The four-foot statue is made of bronze and is No. 4 of six editions. He thanked the City for the wonderful Community Center facility. MOTION: Case moved, seconded by Nelson, to adopt Resolution No. 2017-68 to accept the donation of the sculpture, "Like a Tree, Rooted in the Earth"by artist Richards Poey. Motion carried 5-0. D. DONATION FROM FOXJETS (Resolution No. 2017-69) Lotthammer said there is a group representing Team Foxjets here tonight to announce the gift of$30,000 from Team Foxjets to apply to their pledge for construction of the Community Center aquatics addition. Team FoxJets participated in planning the Community Center, and we appreciate all their work to help raise funds and to make the project possible. Brandon Thornton, Treasurer of Team Foxjets, said there has been 10% growth each year for the team since the aquatics expansion was completed, and the team has had great results in national competition. He thanked all the parents and team members for their help in raising funds. Tyra-Lukens thanked Team Foxjets for the donation and for their efforts to plan the pool expansion and to help raise funds. MOTION: Butcher Wickstrom moved, seconded by Case, to adopt Resolution No. 2017-69 accepting the Donation of$30,000 from Team Foxjets toward the Aquatic Center addition. Motion carried 5-0. E. NAMING RIGHTS AGREEMENT FOR RECREATION POOL (Resolution No. 2017-70) Lotthammer said Mark Davis is a long-time leader for Team Foxjets. Mr. Davis CITY COUNCIL MINUTES July 11, 2017 Page 3 and his wife Patricia have donated$100,000 for the recreation pool at the Community Center in exchange for naming rights. The name of the pool will now be the Mark&Patricia Davis Recreation Pool. Mark Davis, Board Chairperson for Team Foxjets, said he and his wife have been strong supporters of Eden Prairie and are excited about the benefit to the community of the pool expansion. This donation is part of the $500,000 pledged five years ago by Team Foxjets. Tyra-Lukens expressed her admiration for the work Mr. Davis has done with Team Foxjets and thanked him for the hard work to plan and promote the expansion project. MOTION: Aho moved, seconded by Case, to adopt Resolution No. 2017-70 to accept the donation from Mark and Patricia Davis and to authorize entering into a naming rights agreement relating to the aquatics expansion project. Motion carried 5-0. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Case added Item XIV.A.2. MOTION: Nelson moved, seconded by Butcher Wickstrom, to approve the agenda as amended. Motion carried 5-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY,JUNE 13, 2017 MOTION: Butcher Wickstrom moved, seconded by Case, to approve the minutes of the City Council workshop held Tuesday, June 13, 2017. Motion carried 5-0. B. CITY COUNCIL MEETING HELD TUESDAY,JUNE 13, 2017 MOTION: Nelson moved, seconded by Butcher Wickstrom, to approve the minutes of the City Council meeting held Tuesday, June 13, 2017. Motion carried 5-0. VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. ADOPT RESOLUTION NO. 2017-71 FOR FINAL PLAT OF KOPESKY 2 ADDITION CITY COUNCIL MINUTES July 11, 2017 Page 4 C. ADOPT RESOLUTION NO. 2017-72 AUTHORIZING CONVEYANCE OF PROPERTY TO CULLEN AND STACY HARDER D. AWARD CONTRACT TO DISPLAY ARTS WORLDWIDE FOR THE HYDROLOGIC CYCLE EXHIBIT E. APPROVE CHANGE TO REPLACEMENT LAWN MOWER PURCHASE F. APPROVE SUBORDINATE FUNDING AGREEMENT 09 FOR TOWN CENTER STATION DESIGN WITH METROPOLITAN COUNCIL FOR THE SOUTHWEST LIGHT RAIL TRANSIT PROJECT G. AWARD CONTRACT TO VISION TECHNOLOGY SOLUTIONS, LLC FOR REFRESH OF CITY'S WEBSITE,DESIGN OF INTRANET,AND SUBSCRIPTION SERVICES MOTION: Case moved, seconded by Aho, to approve Items A-G on the Consent Calendar. Motion carried 5-0. IX. PUBLIC HEARINGS/MEETINGS A. CODE AMENDMENT RELATED TO DAYCARE FACILITES by City of Eden Prairie. First reading of an ordinance amending City Code Chapter 11, relating to daycare facilities. Getschow said we have been updating our code over the past several months. The purpose of this code amendment is to define day care facilities using language that simulates the State Statute definitions and to provide day care facility as a permitted use in zoning districts other than those permitted by State Statute. This code amendment will not impact in-home family day care as permitted by State Statute. There were no comments from the audience. MOTION: Butcher Wickstrom moved, seconded by Aho, to close the Public Hearing, and to approve the first reading of the ordinance to amend City Code Section 11.02, 11.20, 11.25, 11.26, 11.27, 11.28, 11.29 and 11.35 defining day care facility and allow as a permitted use in the Office, Commercial, Transit Oriented Development, Town Center, Airport Commercial, Airport Office, and Public zoning districts. Motion carried 5-0. X. PAYMENT OF CLAIMS MOTION: Aho moved, seconded by Case, to approve the payment of claims as submitted. Motion was approved on a roll call vote,with Aho, Butcher Wickstrom, Case,Nelson and Tyra-Lukens voting "aye." CITY COUNCIL MINUTES July 11, 2017 Page 5 XI. ORDINANCES AND RESOLUTIONS A. APPROVE SECOND READING OF ORDINANCE NO. 11-2017 AMENDING CITY CODE CHAPTER 9,RELATING TO KEEPING CHICKENS IN THE CITY AND ADOPT RESOLUTION NO. 2017-73 APPROVING SUMMARY ORDINANCE FOR PUBLICATION Getschow said the City Council has discussed, researched and considered this over the past two years. First reading of the ordinance was passed on June 13, 2017, but there were a number of alterations and requests made by the Council at that time. Since the June meeting, staff has made the following changes requested by the Council: a registration program is included with a one-time fee of$75; the number of chickens has been reduced from five to four; minimum coop design standards were added; a revocation process is included; and re-registration is required if the chicken owner moves to another property. Rosow added that a gender-neutral clause was inserted at the end of the code that applies to the entire City code. MOTION: Case moved, seconded by Butcher Wickstrom, to approve second reading of Ordinance No. 11-2017 amending City Code Chapter 9 relating to the Keeping of Chickens in the City of Eden Prairie, including the removal of the restrictions on moving the coop on the property. Motion carried 5-0. Case asked when people can actually have backyard chickens. Getschow said staff will be ready next week when it is published in the Eden Prairie News on July 20. Residents interested in having chickens should contact Jim Schedin, the City's Zoning Administrator. B. RESOLUTION NO. 2017-74 SUPPORTING THE PARIS AGREEMENT Getschow said this item is a follow-up to Mayor Tyra-Lukens'joining with other Mayors in supporting the Paris Agreement. This would include a commitment for the City to continue much of what we are already doing and would not include anything that is necessarily new or unique in terms of action. Aho asked why we are bringing this forward at this time and asked if all Council Members had read the 32-page document. He noted the document is quite complicated and detailed, and he was not sure he understood how it works and how it will be implemented. He asked why we, as a city, have a role in adopting a resolution on an international agreement that is made between countries. He asked why the agreement was not addressed by the U.S. Senate and who will pay for all of the actions in the agreement. He read aloud excerpts of the agreement and commented he believed it is ahead of the game for us, as a city, to say we are supporting this agreement when the Congress and Senate have not ratified it. He did believe it is well and good that the City of Eden Prairie does everything we can to reduce emissions and lower energy use, and we need to continue to do that. CITY COUNCIL MINUTES July 11, 2017 Page 6 Case said the proposed resolution states that we will support the goals of the Paris Agreement, and we will continue to explore the benefits of pursuing and realizing the benefits of such actions. There is a lot of noise out there about this, but 194 of 195 countries are still supporting the agreement. Our President chose a path that is not being supported by 82% of Americans. He thought this is a confirmation and validation of exactly the path that Eden Prairie has been on since most of the current Council Members were first elected. There is no extra cost to this, but we are making a statement to residents of Eden Prairie and to the nation. He said we have to do what is ethically right, and he believed we should give a resolution of support of what Mayor Tyra-Lukens has done by signing this. Aho believed we need to be good stewards of our earth,but the way the Paris Agreement was drafted and adopted means it is not a good agreement for the U.S. He was not against trying to achieve goals that help our natural resources; however, the agreement contains an obligation for developed countries to contribute to efforts of developing countries at a rate of$100 billion every year. Tyra-Lukens asked Council Member Aho what was in the resolution that he objected to. Aho replied he would agree to a resolution to support Eden Prairie's goals to achieve a better environment,but he did not like saying we are agreeing with the Paris Agreement. Tyra-Lukens said this resolution is an intent to show those who have more power than we do that this is an item of concern, and we should continue to negotiate and work to make something that works, not just walk out on it. Aho said he believed President Trump was not walking away, rather he wanted to renegotiate it. Tyra-Lukens replied she thought we need a grass roots initiative to bring that about. Butcher Wickstrom said she appreciated the concerns Council Member Aho has put forward. She thought we are looking at the spirit of the Paris Agreement. She did not think the agreement is perfect in terms of financial commitment; however, we have to start somewhere. The spirit is very important, and it is the right thing to do. Our resolution is very specific about the good work Eden Prairie has done on this, and she was committed to endorsing it. Nelson said she planned to support the resolution. Eden Prairie has been doing a great job, and we would like to continue to encourage residents and businesses to cut their use of energy while saving money like we have done in the City. People need to stand up and say it is time to support energy goals. We can say, as a community, we have been doing this and will continue to do it. Tyra-Lukens said the goal for the resolution is to elevate the discussion and encourage state and federal governments to be active and assertive. Aho said he was very much in favor of what the City has done,but he thought we are doing this more as a political statement. He supports all the goals in Eden Prairie,but he does not support the Paris Agreement. CITY COUNCIL MINUTES July 11, 2017 Page 7 Case said everything we do is political. We are not coming up with this because it is an international issue, rather the federal government has not taken a stand that we have been taking. This resolution endorses the climate goals of the Paris Agreement and sends a message that we, in Eden Prairie, support the same climate goals that 184 of 185 nations support. MOTION: Case moved, seconded by Butcher Wickstrom, to adopt Resolution No. 2017-74 supporting the Paris Agreement. Motion carried 4-1,with Aho opposed. XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS A. STUDENTS ON COMMISSION Getschow said there were a record number of student commission applicants this year, and we cannot necessarily take everybody who applied. He encouraged juniors to reapply next year if they were not appointed this year. The terms will begin in the fall, and there will be an orientation meeting in August. MOTION: Nelson moved to appoint to the Conservation Commission Abhishek Aravalli, Sophia Truempi, Elizabeth Arnold, and Hayden Bunn; Case moved to appoint to the Heritage Preservation Commission Inika Shetty, Caleb Miller and Neha Bhupatriraju; Butcher Wickstrom moved to appoint to the Human Rights and Diversity Commission Ashwin Senthilkumar, Kholood Mo'allim, Carolyn Mason, Tharun Rao, Mason Stoltz and Meghana Chimata; Aho moved to appoint to the Parks, Recreation, and Natural Resources Commission William Hemler, James Yoo, Janvi Shah, John Lindholm and Govind Makaram. All seconded by Case. Motion carried 5-0. XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. Grand Opening of the Minnesota State Capitol(Resolution No. 2017-75) Tyra-Lukens said we have been asked by the Capitol Celebration Committee to adopt a resolution encouraging the people of Eden Prairie to attend the grand opening of the Minnesota State Capitol on August 11-13. Mark Wickstrom, stone mason and Eden Prairie resident, said he worked on the capitol restoration project for four years and was involved in many aspects of the project including replacement and re-carving of ornamentation on the Cass Gilbert designs. He noted it was a proud moment in his career as a tradesman, and he thanked the City Council for making the declaration to honor the project. CITY COUNCIL MINUTES July 11, 2017 Page 8 MOTION: Butcher Wickstrom moved, seconded by Aho, to adopt Resolution No. 2017-75 encouraging the people of the City of Eden Prairie to attend the Grand Opening of the Minnesota State Capitol. Motion carried 5-0. 2. Fourth of July Celebration—Council Member Case Case commended the staff and volunteers, and Lori Brink and Lindsey Danhauser in particular, for their efforts with the amazing celebration at Round Lake. He commented it was an amazing celebration. B. REPORT OF CITY MANAGER C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Pickleball & Cricket Update In response to a request from Council Member Case at the last meeting, Lotthammer gave a PowerPoint update on pickleball and cricket. A feasibility study for a multi-court pickleball facility was prepared in late 2016 at the request of the Parks Commission. The Southwest Pickleball Association asked if they could be involved in fund raising efforts for the facility. He reviewed the recent history of pickleball here in Eden Prairie, including plans for refurbishment of the courts at Pioneer Park, Riley Lake Park, Round Lake and Franlo Park. There are plans out to 2040 to take care of the courts we have, and we are spending a good share of our funds just to rehabilitate the courts. There are plans to redo the courts at Hidden Ponds in 2018, and there is potential to add another two pickleball courts there and still be within the budgeted amount. He noted permanent courts are very expensive to build. Lotthammer said in 2019 the Staring Lake courts are scheduled to be redone. He showed a schematic with an extra 12 pickleball courts in the area by the basketball and tennis courts. Aho asked if the cost to add the extra courts as shown in the diagram would be $60,000 per court. Lotthammer believed we could get closer to $40,000 per court at that location. There will be quite a bit of earth work and infiltration needed on the site because of the additional amount of hard surface needed for the courts. Aho asked if the total would be close to $500,000, minimum. Lotthammer replied that was correct, although there may be some economies to do the whole project at once. Nelson noted she rarely sees anyone playing on the tennis courts when she drives around the City. Lotthammer replied the Parks Commission toured the CITY COUNCIL MINUTES July 11, 2017 Page 9 parks recently, and tennis was being played on the courts at Staring Lake, Riley Lake, Rice Marsh Lake, and Round Lake. He thought we are at a good place with tennis and basketball. He noted there are still people from other communities playing pickleball here. There are a lot of different dynamics involved, but we need to provide opportunities for youth and families to play pickleball at their neighborhood parks. Tyra-Lukens asked about the funds available from Hennepin County. Lotthammer said there is a facility grant available from the County, but we would need to show high use by youth players. Lotthammer said Council Member Case said he has seen more use of fields for cricket playing. Cricket playing is wide spread across the U.S. Cricket is not as highly scheduled as are other games. We work with a contact in the cricket groups in town to let them know what fields are available, and we have facilitated groups that are out there with clinics and camps. The cricket players can easily overlay baseball fields to use for cricket. Case said we are seeing changes in our demographics that have also changed the use of our facilities. He said the question is whether we are keeping up with what is happening. Money is always a consideration, but he would like to see a plan to get 10-12 pickleball courts at Staring Lake by some means, possibly by bonding or fund raising. He thought it is time to change our strategy to build up the facilities quickly. He would like to see staff come back with some options and find a way to shift funds so we can build 10-12 pickleball courts sooner rather than later. Nelson agreed with Council Member Case. She has been hearing about pickleball for several years, and she thought it will keep growing. We need to look at a new, large facility. We have done that for other groups, and we need to start planning for some of the over-50 groups because that demographic needs to have physical activity. Aho said the Council had a discussion about building community at tonight's workshop. This seems like a good match for building community because pickleball is not only for the senior community, but also for the younger people who will get involved. He thought having a larger court facility at one area makes a lot of sense, and we ought to look at how we can accommodate this. We could act as a catalyst for raising funds and make this a public/private partnership. Butcher Wickstrom said this has been out there for a long time, and we need to be responsive to changes in the community. Getschow said he and Mr. Lotthammer can sit down with the Finance Manager to review funding possibilities and our project plan and will bring something back to the Council. CITY COUNCIL MINUTES July 11, 2017 Page 10 E. REPORT OF PUBLIC WORKS DIRECTOR 1. Ground Storage Reservoir Project Ellis said gave a PowerPoint presentation about water facilities in the City, noting we have an immediate need to expand our storage capacity due to the increased demand of summer irrigation. He noted there are pressure issues at the Hidden Ponds water tower during heavy use in the summer. A 3- 5,000,000-gallon storage reservoir and pumping station would be the final addition to our water storage facilities. Because we have had a decrease in water consumption through our water conservation efforts, the size of the reservoir can probably be 2.5-3,000,000 gallons. There is $9,100,000 in the CIP for the storage facility. Ellis said staff looked at available locations in the central western part of Eden Prairie and determined the MnDOT parcel north of Hwy 212, east of Eden Prairie Road, and south of the Regional Trail met most of the criteria. The cost of the parcel is $260,000. That location is adjacent to a large diameter water main, which is a requirement for such a facility. There are also opportunities to have reminders of our historical usage of that site for water storage. We would propose to purchase the property and begin design work this year and next. Construction would take place in 2019-2020. Aho asked about the size of the facility. Ellis replied it would depend on the size of the design but would be about 20-25 feet high. He said berming, landscaping and burying the tank can be done, but would add more expense. Nelson said we need to have a public water fountain there if it is close to the trail. Ellis said staff did reach out to Three Rivers Park District to see if they would be interested in having a shelter or other amenities there. This would be an additional candidate for State legacy funding. F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Butcher Wickstrom moved, seconded by Case,to adjourn the meeting. Motion carried 5-0.Mayor Tyra-Lukens adjourned the meeting at 9:11 p.m. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar August 8, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Christy Weigel Clerk's License Application List VIII.A. Police/ Support Unit These licenses have been approved by the department heads responsible for the licensed activity. Requested Action Motion: Approve the licenses listed below Temporary Liquor Organization: Rotary Club of Eden Prairie Event: Vino Classico with a Craft Beer Chaser (Wine &Beer Tasting) Date: October 07, 2017 Place: Eden Prairie Community Center Gym 16700 Valley View Road Temporary Liquor Organization: Friends of the Eden Prairie Library Event: Volumes &Vines (Wine &Beer Tasting) Date: September 21, 2017 Place: Olympic Hills Golf Club 10625 Mount Curve Road Temporary Liquor Organization: Eden Prairie Community Foundation Event: Prairie Brewfest (Beer&Wine Tasting) Date: September 9, 2017 Place: Purgatory Creek Park 13001 Technology Drive (Inclement weather location: SouthWest Station parking ramp, 13500 Technology Drive) Amendment to Liquor License 2AM Closing Permit - Renewal Licensee Name: The Tap House Restaurant Group, LLC DBA: Prairie Tap House Amendment to Liquor License Add Sunday On-Sale to On-Sale Cocktail Room & Off-Sale Microdistillery License Licensee Name: Flying Dutchman Spirits LLC 6081 Flying Cloud Drive - 1 - CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar August 8, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development/Planning Code Amendment—Community Center VIII.B. Janet Jeremiah/ Steve Durham Requested Action Move to: • Approve 2nd Reading of the Ordinance to Amend City Code Section 11.02 adding a definition of Community Center and Amend City Code Section 11.35 adding Community Center as a permitted use in the Public Zoning District; and • Adopt Resolution Approving the Summary of Ordinance and Ordering the publication of said summary. Synopsis This is the final approval of an ordinance relating to Community Center definition and permitted use in Chapter 11. Attachments • Ordinance • Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2017 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 11, SECTIONS 11.02, AND 11.35 RELATING TO COMMUNITY CENTER 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 Community Center as follows: (items to be renumbered) "Community Center"—A place or establishment designed as a gathering place for people from the community and surrounding communities that offers, as its primary purpose, civic, social, cultural, educational,public health, and recreational activities provided however the principal use of which is not a private school, public school, place of worship or day care as defined by City Code. Section 2. City Code Chapter 11, Section 11.35, Subd. 1. Purposes 1. Is hereby amended by inserting the following: (add text underlined) Subd. 1. Purposes. The purposes of the PUB —Public District are to provide a procedure for the orderly establishment of public facilities, expansion of their operations or change in the use of land owned by governmental agencies or entities that operate places of worship, cemeteries, private schools, and community centers as defined by City Code and for identification of drainage ways and floodplains. Section 3. City Code Chapter 11, Section 11.35, Subd. 2. Permitted Uses is hereby amended by inserting the following: I. Community Center. 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 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 5. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 6th day of June, 2017, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 8th day of August, 2017. Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor Published in the Eden Prairie News on the day of , 2017. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2017- A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO. 12-2017 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 12-2017 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie held on the [day] day of[month], 2017. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, THAT THE CITY COUNCIL FINDS, DETERMINES, AND ORDERS AS FOLLOWS: A. Ordinance No. 12-2017 is lengthy. B. The text of summary of Ordinance No. 12-2017, attached hereto as Exhibit A, conforms to M.S. § 331A.01, Subd. 10, and is approved, and publication of the title and summary of the Ordinance will clearly inform the public of the intent and effect of the Ordinance. C. The title and summary shall be published once in the Eden Prairie News in a body type no smaller than brevier or eight-point type. D. A printed copy of the Ordinance shall be made available for inspection by any person, during regular office hours, at the office of the City Clerk, and a copy of the entire text of the Ordinance shall be posted in the City offices. E. Ordinance 12-2017 shall be recorded in the Ordinance Book, along with proof of publication, within twenty(20) days after said publication. ADOPTED by the City Council on August 8, 2017. Nancy Tyra-Lukens, Mayor (Seal) ATTEST: Kathleen Porta, City Clerk EXHIBIT A CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE 12-2017 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 11, SECTIONS 11.02, AND 11.35 RELATING TO COMMUNITY CENTER 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: Summary: This ordinance amends Chapter 11 Section 11.02 and Section 11.35 relating to the definition of a Community Center, amending the Purpose Subd. of Section 11.35 and its permitted use in the Public Zoning District. 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 August 17, 2017. (A full copy of the text of this Ordinance is available from City Clerk.) CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar August 8, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development/Planning Code Amendment—Day Care facility VIII.C. Janet Jeremiah/ Steve Durham Requested Action Move to: • Approve the 2nd reading of the Ordinance to Amend City Code Section 11.02, 11.20, 11.25, 11.26, 11.27, 11.28, 11.29 and 11.35 defining day care facility and allow as a permitted use in the Office, Commercial, Transit Oriented Development, Town Center, Airport Commercial, Airport Office, and Public zoning districts; and • Adopt Resolution Approving the Summary of Ordinance and Ordering the publication of said summary. Synopsis This is the final approval of an ordinance relating to Day Care facility definition and permitted use in Chapter 11. Attachments • Ordinance • Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2017 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 11, SECTION 11.02, SECTION 11.20, SECTION 11.25, SECTION 11.26, SECTION 11.27, SECTION 11.28, SECTION 11.29 AND 11.35 RELATING TO DAY CARE FACILITY DEFINITION AND PERMITTED USE IN THE OFFICE, COMMERCIAL, TRANSIT ORIENTED DEVELOPMENT, TOWN CENTER, AIRPORT COMMERCIAL, AIRPORT OFFICE AND 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 definition for Day Care facility as follows: (items to be renumbered) "Day Care facility"-Any facility,public or private, which for gain or otherwise regularly provides one or more persons with care, training, supervision, habilitation, rehabilitation, or development guidance on a regular basis, for periods of less than 24 hours per day, in a place other than the person's own home. Section 2. City Code Chapter 11, Section 11.20, Subd. 2. Permitted Uses is hereby amended by inserting the following: (Add text underlined) E. Day Care facility. Section 3. City Code Chapter 11, Section 11.25, Subd. 2. Permitted Uses is hereby amended by inserting the following: H. Day Care facility. Section 4. City Code Chapter 11, Section 11.26, Subd. 4.A. Permitted Uses is hereby amended by removing Permitted Uses—TOD-MU District chart and inserting the following: Permitted Uses—TOD-MU District " • IC •i Performance Standards Commercial 1. The ground floor in all buildings in the mixed use district - Neighborhood commercial shall be commercial along the primary transit street and - Restaurants and food service commercial ready along the secondary transit street. - Hotels/Hospitality/Lodging 2. Drive-thrus are only allowed when the drive-thru lanes - Day Care facility are internally located within the parking structure. Office Business and professional offices 3. Neighborhood Commercial individual tenant space shall Day Care facility not exceed 10,000 sq. ft. in area with the exception of Residential grocery stores,which shall not exceed 25,000 sq.ft. in area. - Multiple-Family Dwellings Public - Public facilities and services - Libraries - Parks - Transit facilities - Transit parking - Parking ramps Public Infrastructure Antennas and Towers,in those locations and subject to the limitations contained in City Code Section 11.06 Section 5. City Code Chapter 11, Section 11.26, Subd. 4. B. Permitted Uses is hereby amended by removing Permitted Uses—TOD-R District chart and inserting the following: Permitted Uses—TOD-R District �'ermitted Us Performance Standards Commercial 1. All commercial uses shall be limited to the street level - Neighborhood commercial floor of a building along primary transit streets. - Restaurants and food service - Day Care facility 2.Neighborhood Commercial individual tenant space shall Office not exceed 10,000 sq. ft. in area with the exception of Business and professional offices grocery stores, which shall not exceed 25,000 sq. ft. in - Day Care facility area. Residential 3. Drive-thrus are only allowed when the drive-thru lanes - Multiple-Family Dwellings are internally located within the parking structure. Public - Libraries - Parks - Transit facilities - Transit parking - Parking ramps Public Infrastructure Antennas and Towers,in those locations and subject to the limitations contained in City Code Section 11.06 Section 6. City Code Chapter 11, Section 11.26, Subd. 4. C. Permitted Uses is hereby amended by removing Permitted Uses—TOD-E District chart and inserting the following: Permitted Uses—TOD-E District 111 ernu a ses • Performance Standards Commercial 1. The ground floor in all buildings in the TOD-E district - Neighborhood commercial shall be commercial ready along the primary transit street. - Restaurants and food service - Day Care facility 2. Neighborhood Commercial individual tenant space shall not exceed 10,000 sq. ft. in area with the exception of Office grocery stores,which shall not exceed 25,000 sq.ft.in area. - Business and professional offices Day Care facility 3. Drive-thrus are only allowed when the drive-thru lanes are internally located within the parking structure. Light Industrial 4. Warehouse and Distribution shall be permitted in the - Manufacturing Light Industrial district as an accessory use. Warehouse - Research and design and Distribution shall not exceed 15% of the Gross Floor - Wholesale Area of a structure. - Processing - Packaging - Showroom - Assembling - Compounding - Flex space - Live/work space such as artist lofts Public - Public facilities and services - Libraries - Parks - Transit facilities - Transit parking - Parking ramps Public Infrastructure Antennas and Towers,in those locations and subject to the limitations contained in City Code Section 11.06 Section 7. City Code Chapter 11, Section 11.27, Subd. 5. Permitted Uses is hereby amended by removing Table 1: Permitted Uses in Town Center District and inserting the following Table: Table 1: Permitted Uses in Town Center District(Permitted=P,Accessory=A) Use TC-MU TC-R TC-C Commercial Neighborhood commercial P Community commercial P Restaurants and food service w/o drive-thru facilities P P Business and professional offices and clinics Al P Hotels P Day Care facility P P Antennas and Towers,in those locations and subject to P the limitations contained in City Code Section 11.06. Residential High-rise multiple-family attached dwelling units with P minimum gross density of 60 units per acre Mid-rise multiple-family attached dwelling units with P minimum gross density of 40 units per acre Antennas and Towers,in those locations and subject to P the limitations contained in City Code Section 11.06. Mixed-Use Mid-rise multiple-family attached dwelling units w/ P ground floor retail/restaurant/services2 Multi-story office w/ground floor P retail/restaurant/services2 Day Care facility P P Antennas and Towers,in those locations and subject to P P the limitations contained in City Code Section 11.06. Public Public Infrastructure P P Libraries P P Parks P P P Transit facilities P P Section 8. City Code Chapter 11, Section 11.28, Subd. 2. Permitted Uses is hereby amended by inserting the following: D. Day Care facility. Section 9. City Code Chapter 11, Section 11.29, Subd. 2. Permitted Uses is hereby amended by inserting the following: E. Day care facility. Section 10. City Code Chapter 11, Section 11.35, Subd. 2. Permitted Uses is hereby amended by inserting the following: L Day Care facility as an accessory use. Section 11. 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 12. 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 11th day of July, 2017, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 8th day of August, 2017. Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor Published in the Eden Prairie News on the 17th day of August, 2017. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2017- A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO. 13-2017 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 13-2017 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie held on the [day] day of[month], 2017. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, THAT THE CITY COUNCIL FINDS, DETERMINES, AND ORDERS AS FOLLOWS: A. Ordinance No. 13-2017 is lengthy. B. The text of summary of Ordinance No. 13-2017, attached hereto as Exhibit A, conforms to M.S. § 331A.01, Subd. 10, and is approved, and publication of the title and summary of the Ordinance will clearly inform the public of the intent and effect of the Ordinance. C. The title and summary shall be published once in the Eden Prairie News in a body type no smaller than brevier or eight-point type. D. A printed copy of the Ordinance shall be made available for inspection by any person, during regular office hours, at the office of the City Clerk, and a copy of the entire text of the Ordinance shall be posted in the City offices. E. Ordinance 13-2017 shall be recorded in the Ordinance Book, along with proof of publication, within twenty(20) days after said publication. ADOPTED by the City Council on August 17, 2017. Nancy Tyra-Lukens, Mayor (Seal) ATTEST: Kathleen Porta, City Clerk EXHIBIT A CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE 13-2017 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 11, SECTION 11.02, SECTION 11.20, SECTION 11.25, SECTION 11.26, SECTION 11.27, SECTION 11.28, SECTION 11.29 AND 11.35 RELATING TO DAY CARE FACILITY DEFINITION AND PERMITTED USE IN THE OFFICE, COMMERCIAL, TRANSIT ORIENTED DEVELOPMENT, TOWN CENTER, AIRPORT COMMERCIAL, AIRPORT OFFICE AND 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: Summary: This ordinance amends Chapter 11 Section 11.02 and Sections 11.20, 11.25, 11.26, 11.27, 11.28, 11.29, and 11.35 relating to the definition of a Day care facility, and its permitted use in the Office, Commercial, Transit Oriented Development, Town Center, Airport Commercial, Airport Office and Public Zoning District. 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 August 17, 2017. (A full copy of the text of this Ordinance is available from City Clerk.) CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar August 8, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: IEM NO.: Randy L. Slick Final Plat Report of Prairie Bluffs Senior Living VIII.D. Public Works/Engineering Requested Action Move to: Adopt the resolution approving the final plat of Prairie Bluffs Senior Living. Synopsis This proposal is for the plat located at southwest quadrant of Pioneer Trail and Trunk Highway No. 169. This plat consists of 4.74 acres to be platted into one lot, one outlot and right of way dedication for street purposes. This proposal is for a 138 unit Senior Independent Living, Assisted Living and Memory Care facility. Background Information The preliminary plat was approved by the City Council on October 4, 2016. Second reading of the Rezoning Ordinance and final approval of the Developer's Agreement was approved by the City Council on March 21, 2017. Approval of the final plat is subject to the following conditions: • Prior to release of final plat, Developer shall submit the executed warranty deed to the City for review and approval for the conveyance of Outlot A to the City. • Prior to release of final plat, Developer shall convey drainage and utility easements to the City as indicated on the plans. • Satisfaction of bonding requirements for the installation of public improvements. • The requirements as set forth in the Developer's Agreement. • Prior to release of final plat, Developer shall submit a 1"=200' scale reduction of final plat. • Prior to release of final plat, Developer shall submit a disk in AutoCAD format in Hennepin County coordinates containing parcel and easement data. • Prior to release of final plat, Developer shall provide a Cross Access Easement and Maintenance Agreement to the City over the private driveway. • Receipt of street lighting fee in the amount of$365.28 • Prior to release of final plat, Developer shall execute the Special Assessment Agreement for storm sewer and lateral assessments in the amount of$1,550.07 and for connection fees in the amount of$32,386.36 for total assessment of$33,936.43 Attachments • Resolution • Drawing of final plat CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2017- A RESOLUTION APPROVING FINAL PLAT OF PRAIRIE BLUFFS SENIOR LIVING WHEREAS, the plat of Prairie Bluffs Senior Living has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council: A. Plat approval request for Prairie Bluffs Senior Living is approved upon compliance with the recommendation of the Final Plat Report on this plat dated August 8, 2017. B. That the City Clerk is hereby directed to supply a certified copy of this resolution to the owners of the subdivision of the above named plat. C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the Eden Prairie City Council on August 8,2017. Nancy Tyra-Lukens, Mayor ATTEST: SEAL Kathleen Porta, City Clerk PRAIRIE BLUFFS SENIOR LIVING / N1N°30.10"E R.T. DiC. NO. \ 2Z72 it ^ C.R. D(�C. NO. •-.... /111 . e.' 0 ' 5C � � ca saS ti�tii,; �•,'.G � � 3 ir d� 5� ,r..> °tiia�°bra r > F �n�� i P I iN (10,.Q. :I . Cs ,-NORTH UNE OF NEl/4 OF SEC. 3S I ��§§�� 3� I ;•a.sr � 2I dd AA �- F\ MWDCT P./W PLAT 7f"3 • 1 %'ez,.,aew � . "%kr \ m-sQ«�y"ypr�Izt PIS s� n MAL . s Z r . 11 emu• 7eeyw y en gs ere° I IrATE.1 S op 20';3• " \ • ouwua D$ R9q93 6 \ \ t. I •lad ao.w \ \fir \ ` `o.\ / ♦ I• A C.eav,ttrw ,Tn.fee 59.94 NDS°12'14");. eb/ ape rr • cskt?w\ . e;f. AlICocK I Lin s; \ \ x. y ; c 97.65 I G !-t \ NR9"42'484'W 4 \ I \I\ i I m .� \ eni I .12 \ m^ 1 I iP h 1 I --t \ \ re).‘.-- iI :3: IS; . \ of ^ . teas- - . _ _ 1 - - - \_ -.— ° - - ' - - - - — t-t- - - _ J .N36"56�� ^Y" — — — j" \ �PT _ to ,.:NORTH \\ Zw \\ \ :` .. . ( INr� ) K ' a, \ m \ \ \ \ \ \ For the purposes of This plat the South Ilna of Section 26. \ ! \ er '\ \ . \ T Township 29 North. Range 24 West hoe an assumed bearing of p;• \North 69 degrees 43 minute IS oeconde East \ • Denotes Found Hennepin County Section Comer \ \ \_ • Denotes found Iron monument \ \ \ a Denote, 1/2 Inch by 14 Inch Iron monument eat \\ \ \ '\ and marked by L.S. No. 44125. ( ) Denotes Record Measurement \ o \ \ - 0 83.69 e ' N89°40'56"W II} ACRE LAND SURVEYING Tr...,Tr..., BLANE, MN pr_ _ N \ . IIa a . a . n . . ',nominee rr n n P. .• Ps \ Ci\Users\erlc l\OneDrlve\CAD-1D\15322-welyd shaped area\dwo\15322Fo.dwo 6/11/2017 5348339 PH CDT SHEET 2 OF 2 SHEETS CITY COUNCIL AGENDA DATE SECTION: Consent Calendar August 8, 2017 DEPARTMENT/DIVISION ITEM DESCRIPTION ITEM NO. City Attorney Resolution Amending Resolution 2016-33 VIII.E. Richard F. Rosow, City Attorney Designating Community Festivals Requested Action Move to: Adopt Resolution Amending Resolution 2016-33 Designating Community Festivals to Add the Eden Prairie Community Foundation Prairie Brewfest to the List of Designated Community Festivals. Synopsis Resolution 2016-33 the Hometown Celebration, the Concerts in the Park Series, Schooner Days, and Arts in the Park as community festivals. This resolution adds the Eden Prairie Community Foundation Prairie Brewfest to the list of designated community festivals. Community festivals are vital to creating community spirit and belonging. Community festivals allow for celebrating the many cultures and interests within the City. The Eden Prairie Community Foundation Brewfest serves the same purposes as the festivals previously designated in that it creates community spirit and belonging,promotes the efforts of the Eden Prairie Community Foundation to celebrate the many culture and interests within the City. Further the City was instrumental in the formation of the Eden Prairie Community Foundation, City Council members and a city staff have and continue to serve on the Board of Directors, and the City is recognized by the Eden Prairie Community Foundation as a partner/sponsor of the Prairie Brewfest. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2017- RESOLUTION AMENDING RESOLUTION NO. 2016-33 DESIGNATING CITY OF EDEN PRAIRIE OFFICIAL COMMUNITY FESTIVALS BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT: WHEREAS, community festivals are vital to creating community spirit and belonging; and WHEREAS, community festivals allow for celebrating the many cultures and interests within the City; and WHEREAS, the City of Eden Prairie offers community festivals throughout the year; and WHEREAS,by Resolution No.2016-33 the City Council designated certain events as community festivals; and WHEREAS, it has been proposed to designate the Eden Prairie Community Foundation Prairie Brewfest as a community festival; and WHEREAS, the Eden Prairie Community Foundation Brewfest serves the same purposes as the festivals previously designated in that it creates community spirit and belonging, promotes the efforts of the Eden Prairie Community Foundation to celebrate the many culture and interests within the City; and WHEREAS, the City was instrumental in the formation of the Eden Prairie Community Foundation, City Council members and a city staff have and continue to serve on the Board of Directors, and the City is recognized by the Eden Prairie Community Foundation as a partner/sponsor of the Prairie Brewfest; and WHEREAS, this Resolution shall remain in effect unless amended or revoked. NOW, THEREFORE, BE IT RESOLVED by the City of Eden Prairie City Council that the following events are designated as official city festivals: Hometown Celebration, the Concerts in the Park Series, Schooner Days, Arts in the Park and the Eden Prairie Community Foundation Prairie Brewfest. ADOPTED by the City Council of Eden Prairie this 8th day of August, 2017. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE SECTION: Consent Calendar August 8, 2017 DEPARTMENT/DIVISION ITEM DESCRIPTION ITEM NO. City Attorney Resolution Authorizing Holder of On-Sale VIII.F. Richard F. Rosow, City Attorney Liquor License to Dispense Liquor at Designated Community Festivals Requested Action Move to: Adopt Resolution Amending Resolution No. 2016-33 Authorizing Holder of On-Sale Liquor License to Dispense Liquor at Designated Community Festivals. Synopsis Minnesota Statutes Section 340A.404, Subd. 4 (b) allows the City Council to authorize a holder of a retail on-sale intoxicating liquor license issued by the City to dispense intoxicating liquor off premises at a community festival held within the City. The City has designated as official city festivals, the Hometown Celebration, the Concerts in the Park Series, Schooner Days, Arts in the Park and Prairie Brewfest. This action approves, subject to the written approval of the City Manager in each specific instance, a licensee with on on-sale liquor license issued by the City to dispense intoxicating liquor off premises at the Hometown Celebration, the Concerts in the Park Series, Schooner Days, Arts in the Park and Prairie Brewfest. The liquor may be dispensed and consumed only within the areas identified in the approval. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2017- _ RESOLUTION AUTHORIZING A HOLDER OF A RETAIL ON-SALE INTOXICATING LIQUOR LICENSE ISSUED BY THE CITY TO DISPENSE INTOXICATING LIQUOR OFF PREMISES AT THE CITY DESIGNATED COMMUNITY FESTIVALS BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT: WHEREAS, Minnesota Statutes Section 340A.404, Subd. 4 (b) authorizes the City Council to authorize a holder of a retail on-sale intoxicating liquor license issued by the City to dispense intoxicating liquor off premises at a community festival held within the municipality; and WHEREAS, the City has designated as official city festivals, Hometown Celebration, the Concerts in the Park Series, Schooner Days, Arts in the Park and Prairie Brewfest. NOW,THEREFORE,BE IT RESOLVED by the City of Eden Prairie City Council that, subject to the written approval of the City Manager for each community festival,holders of a retail on-sale intoxicating liquor license issued by the City of Eden Prairie, are authorized to dispense intoxicating liquor off premises at the Hometown Celebration, the Concerts in the Park Series, Schooner Days, Arts in the Park and Prairie Brewfest. If the City Manager has granted approval, the City Manager is also authorized to and shall specify in writing the area in which the intoxicating liquor must be dispensed and consumed for each community festival. ADOPTED by the City Council of Eden Prairie this 8th day of August, 2017. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar August 8, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 11-5801 ITEM NO.: Randy Newton Adopt Resolution Approving Traffic Signal VIII.G. Public Works/Engineering Maintenance Agreement with State of Minnesota Requested Action Move to: Adopt resolution approving Traffic Control Signal Maintenance Agreement No. 1028709 with the State of Minnesota for the traffic signals on Flying Cloud Drive at Trunk Highway 494 and Trunk Highway 212. Synopsis This Agreement defines the City and State responsibilities for the power, operation, and maintenance of the three traffic signals on Flying Cloud Drive at I-494 and at TH 212. Background Information This is a standard maintenance agreement with MnDOT to document the power, operation and maintenance responsibilities for the following three traffic control signals as well as the traffic signal interconnect connecting the traffic signals: • Flying Cloud Drive (CSAH 61)/1-494 South Ramp/Technology Drive • Flying Cloud Drive (CSAH 61)/1-494 North Ramp • Flying Cloud Drive (CSAH 61)/TH 212 East Ramp/Valley View Road (CSAH 39) This agreement will supersede and terminate existing agreements covering these traffic signals which have similar maintenance responsibilities to the new agreement. The agreement for the traffic signals is being updated as these traffic signals are being reconstructed as part of the Southwest LRT project. Attachments • Resolution • Traffic Control Signal Maintenance Agreement No. 1028709 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2017- APPROVE TRAFFIC CONTROL SIGNAL MAINTENANCE AGREEMENT NO. 1028709 BETWEEN THE STATE OF MINNESOTA AND THE CITY OF EDEN PRAIRIE FOR TRAFFIC SIGNALS ON FLYING CLOUD DRIVE AT TRUNK HIGHWAY 494 AND TRUNK HIGHWAY 212 I.C. 11-5801 WHEREAS, the Southwest Light Rail Transit project is scheduled for construction between the years 2017 and 2021 and the scope of the Southwest Light Rail Transit project includes revisions to the traffic signals at the Flying Cloud Drive (CSAH 61) / Technology Drive / TH 494 South Ramp, Flying Cloud Drive/TH 494 North Ramp, and the Flying Cloud Drive/Valley View Road /TH 212 East Ramp intersection; and WHEREAS, a Traffic Control Signal Maintenance Agreement No. 1028709 has been prepared by MnDOT to provide for the power, operation, and maintenance of the new Traffic Control Signals on Trunk Highway No. 494 South Ramps at County State Aid Highway No 61 (Flying Cloud Drive)/Technology Drive; on Trunk Highway No. 494 North Ramps at County State Aid Highway 61 (Flying Cloud Drive); and on Trunk Highway No. 212 East Ramps at County Road No. 61 (Flying Cloud Drive)/County State Aid Highway No. 39 (Valley View Road) in the City of Eden Prairie and the existing interconnect on Trunk Highway No. 494 from Trunk Highway No. 494 South Ramps at County State Aid Highway No 61 (Flying Cloud Drive)/Technology Drive to Trunk Highway No. 494 North Ramps at County State Aid Highway No 61 (Flying Cloud Drive); and the existing interconnect on Trunk Highway No. 212 from Trunk Highway No. 212 West Ramps/Bryant Lake Drive at Valley View Road to Trunk Highway No. 212 East Ramps/County State Aid Highway No 61 (Flying Cloud Drive) at Valley View Road in the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council that said Traffic Control Signal Maintenance Agreement No. 1028709 for City Project 11-5801 is hereby approved, and the Mayor and City Manager are authorized to execute the Agreement on behalf of the City of Eden Prairie. ADOPTED by the Eden Prairie City Council on August 8,2017. Nancy Tyra-Lukens, Mayor ATTEST: SEAL Kathleen Porta, City Clerk MnDOT Contract No: 1028709 STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION And CITY OF EDEN PRAIRIE TRAFFIC CONTROL SIGNAL MAINTENANCE AGREEMENT Control Section (C.S.): 2785 Trunk Highway Numbers (T.H.): T.H. 494=117 and T.H. 212=260 Signal System "G" ID: 1735836 (Formerly 21699) Signal System "AJ" ID: 1735835 (Formerly 21698) Signal System "AD" ID: 1735777 (Formerly 21605) This Agreement is between the State of Minnesota, acting through its Commissioner of Transportation("State") and the City of Eden Prairie acting through its City Council("City"). Recitals 1. The City and the State have found it in the best interest of the Public to remove and replace the existing Traffic Control Signals on Trunk Highway No.494 South Ramps at County State Aid Highway No. 61 (Flying Cloud Drive)/Technology Drive; on Trunk Highway No.494 North Ramps at County State Aid Highway No. 61 (Flying Cloud Drive); and on Trunk Highway No. 212 East Ramps at County State Aid Highway No. 61 (Flying Cloud Drive)/County State Aid Highway No. 39 (Valley View Road)in the City of Eden Prairie,Hennepin County,as a part of Minnesota State-prepared plans, specifications and special provisions designated by the State as State Project No. TCP-SWEST-14("Project"); and 2. The City and State wish to define their respective power,operation and maintenance responsibilities for the new Traffic Control Signals with Signing("Signal Systems")including Emergency Vehicle Pre-emption Systems("EVP Systems")on Trunk Highway No. 494 South Ramps at County State Aid Highway No. 61 (Flying Cloud Drive)/Technology Drive (Signal System"G"); on Trunk Highway No. 494 North Ramps at County State Aid Highway No. 61 (Flying Cloud Drive) (Signal System"AJ") ; and on Trunk Highway No. 212 at County State Aid Highway No. 61 (Flying Cloud Drive)/County State Aid Highway No. 39 (Valley View Road) (Signal System"AD"), and the existing Interconnect on Trunk Highway No. 494 from Trunk Highway No. 494 South Ramps at County State Aid Highway No. 61 (Flying Cloud Drive)/Technology Drive to Trunk Highway No. 494 North Ramps at County State Aid Highway No. 61 (Flying Cloud Drive); and the existing Interconnect on Trunk Highway No. 212 from Trunk Highway No. 212 West Ramps/Bryant Lake Drive at Valley View Road to Trunk Highway No. 212 East Ramps/County State Aid Highway No. 61 (Flying Cloud Drive)at Valley View Road in the City of Eden Prairie,Hennepin County,Minnesota; and 3. The City and State will participate in the power, operation and maintenance of the new Signal Systems, EVP Systems and Interconnect; and 4. Separate agreements between the State, City,Hennepin County and the Metropolitan Council will address Signal System and EVP System construction, design, and construction engineering costs; and 5. Minnesota Statutes § 161.20, subdivision 2 authorizes the Commissioner of Transportation to make arrangements with and cooperate with any governmental authority for the purposes of constructing, maintaining and improving the trunk highway system. -1- MnDOT Contract No: 1028709 Agreement 1. Term of Agreement; Survival of Terms 1.1. Effective Date. This Agreement will be effective on the date the State obtains all signatures required by Minnesota Statutes § 16C.05, subdivision 2. 1.2. Expiration Date.This Agreement will expire when all obligations have been satisfactorily fulfilled. 1.3. Survival of Terms. All clauses which impose obligations continuing in their nature and which must survive in order to give effect to their meaning will survive the expiration or termination of this Agreement, including,without limitation,the following clauses: 5. Liability; Worker Compensation Claims; Insurance; 7. State Audits; 8. Government Data Practices; 9. Governing Law;Jurisdiction;Venue; and 11. Force Majeure. The terms and conditions set forth in Article 2. Signal Systems,EVP Systems and Interconnect— Power, Operation and Maintenance may be terminated by another Agreement between the parties. 2. Signal Systems,EVP Systems and Interconnect—Power, Operation and Maintenance. Power, operation and maintenance responsibilities will be as follows for the new Signal Systems and EVP Systems on T.H. 494 South Ramp at C.S.A.H. 61 (Flying Cloud Drive)/Technology Drive (Signal System"G"); on T.H. 494 North Ramp at C.S.A.H. 61 (Flying Cloud Drive) (Signal System"AJ"); and on T.H. 212 at C.S.A.H. 61 (Flying Cloud Drive)/C.S.A.H. 39 (Valley View Drive)(Signal System"AD"), and the existing Interconnect on T.H. 494 from T.H. 494 South Ramps at C.S.A.H. 61 (Flying Cloud Drive)/Technology Drive to T.H. 494 North Ramps at C.S.A.H. 61 (Flying Cloud Drive); and the existing Interconnect on T.H. 212 from T.H. 212 West Ramps/Bryant Lake Drive at Valley View Road to T.H. 212 East Ramps/C.S.A.H. 61 (Flying Cloud Drive)at Valley View Road. 2.1. City Responsibilities. A. Power.The City will be responsible for the hook-up cost and application to secure an adequate power supply to the service pads or poles and will pay all monthly electrical service expenses necessary to operate the Signal Systems,EVP Systems, and Interconnect. B. Minor Signal System Maintenance. The City will provide for the following without cost to the State. i. Maintain the signal pole mounted LED luminaires including replacing the luminaires when necessary. The LED luminaire must be replaced when it fails or when light levels drop below recommended AASHTO levels for the installation. ii. Replace the Signal Systems LED indications. Replacing LED indications consists of replacing each LED indication when it reaches end of life per the MnDOT Traffic Engineering Manual, fails or no longer meets Institute of Traffic Engineers(ITE)standards for light output. iii. Clean the Signal Systems controller cabinet and service cabinet exteriors. iv. Clean the Signal Systems and luminaire mast arm extensions. 2.2. State Responsibilities. A. Interconnect, Other Maintenance and Timing. The State will maintain the existing Interconnect(on Trunk Highway No. 494 from Trunk Highway No. 494 South Ramps at County State Aid Highway No. 61 (Flying Cloud Drive)/Technology Drive to Trunk Highway No. 494 North Ramps at County State Aid Highway No. 61 (Flying Cloud Drive); and on Trunk Highway No. 212 from Trunk Highway No. 212 West Ramps/Bryant Lake Drive at Valley View Road to Trunk Highway No. 212 East Ramps/County State Aid Highway No. 61 (Flying Cloud Drive)at Valley View Road)and signing, and perform all other Signal System and signal pole luminaire circuit maintenance without cost to the City. All Signal System timing will be determined by the State, and no changes will be made without the State's approval. -2- MnDOT Contract No: 1028709 B. EVP Systems Operation.The EVP Systems will be installed,operated,maintained, and removed according to the following conditions and requirements: i. All maintenance of the EVP Systems must be done by State forces. ii. Emitter units may be installed only on authorized emergency vehicles, as defined in Minnesota Statutes § 169.011, Subdivision 3. Authorized emergency vehicles may use emitter units only when responding to an emergency. The City will provide the State's District Engineer or their designated representative a list of all vehicles with emitter units, if requested by the State. iii. Malfunction of the EVP Systems must be reported to the State immediately. iv. In the event the EVP Systems or its components are, in the opinion of the State,being misused or the conditions set forth in Paragraph ii. above are violated, and such misuse or violation continues after the City receives written notice from the State,the State may remove the EVP System(s). Upon removal of the EVP System(s)pursuant to this Paragraph, all of its parts and components become the property of the State. v. All timing of the EVP Systems will be determined by the State 2.3. Right-of-Way Access.Each party authorizes the other party to enter upon their respective public right-of-way to perform the maintenance activities described in this Agreement. 2.4. Related Agreements. This Agreement will supersede and terminate Agreement No. 61217,dated February 17, 1983 between the City,Hennepin County and the State for the intersections on T.H. 494 South Ramps at C.S.A.H. 61 (Flying Cloud Drive) (formerly T.H. 169)/Technology Drive; on T.H. 494 North Ramps at C.S.A.H. 61 (Flying Cloud Drive) (Formerly T.H. 169); and on T.H. 212 East Ramps at C.S.A.H.No. 61 (Flying Cloud Drive) (formerly T.H. 169)/C.S.A.H. 39 (Valley View Road),in Eden Prairie,Hennepin County,Minnesota. Hennepin County will be sent a letter of termination regarding this Agreement. This Agreement will supersede the EVP maintenance terms in Agreement No. 80362R regarding the intersections on T.H. 494 South Ramps at C.S.A.H. 61 (Flying Cloud Drive) (formerly T.H. 169)/Technology Drive; on T.H. 494 North Ramps at C.S.A.H. 61 (Flying Cloud Drive) (Formerly T.H. 169); and on T.H. 212 East Ramps at C.S.A.H. 61 (Flying Cloud Drive)(formerly T.H. 169)/C.S.A.H. 39 (Valley View Road), in Eden Prairie,Hennepin County,Minnesota. 3. Authorized Representatives Each party's Authorized Representative is responsible for administering this Agreement and is authorized to give and receive any notice or demand required or permitted by this Agreement. 3.1. The State's Authorized Representative will be: Name/Title: Gregory Kern,MnDOT Metropolitan District Traffic Engineering(or successor) Address: 1500 County Road B2 West,Roseville,MN 55113 Telephone: (651)234-7877 E-Mail: gregory.kern@state.mn.us 3.2. The City's Authorized Representative will be: Name/Title: Rod Rue,Eden Prairie City Engineer(or successor) Address: 8080 Mitchell Road,Eden Prairie,MN 55344 Telephone: 952-949-8314 E-Mail: RRue@edenprairie.org -3- MnDOT Contract No: 1028709 4. Assignment; Amendments; Waiver; Contract Complete 4.1. Assignment. Neither party may assign or transfer any rights or obligations under this Agreement without the prior consent of the other party and a written assignment agreement, executed and approved by the same parties who executed and approved this Agreement, or their successors in office. 4.2. Amendments. Any amendment to this Agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original Agreement,or their successors in office. 4.3. Waiver. If a party fails to enforce any provision of this Agreement,that failure does not waive the provision or the party's right to subsequently enforce it. 4.4. Contract Complete. This Agreement contains all prior negotiations and agreements between the State and the City.No other understanding regarding this Agreement,whether written or oral,may be used to bind either party. 5. Liability; Worker Compensation Claims; Insurance 5.1. Each party is responsible for its own acts,omissions and the results thereof to the extent authorized by law and will not be responsible for the acts and omissions of others and the results thereof. Minnesota Statutes § 3.736 and other applicable law govern liability of the State. Minnesota Statutes Chapter 466 and other applicable law govern liability of the City. 5.2. Each party is responsible for its own employees for any claims arising under the Workers Compensation Act. 6. Nondiscrimination Provisions of Minnesota Statutes § 181.59 and of any applicable law relating to civil rights and discrimination are considered part of this Agreement. 7. State Audits Under Minnesota Statutes § 16C.05, subdivision 5,the City's books,records,documents, and accounting procedures and practices relevant to this Agreement are subject to examination by the State and the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Agreement. 8. Government Data Practices The City and State must comply with the Minnesota Government Data Practices Act,Minnesota Statutes Chapter 13, as it applies to all data provided by the State under this Agreement, and as it applies to all data created, collected,received, stored,used,maintained,or disseminated by the City under this Agreement. The civil remedies of Minnesota Statutes §13.08 apply to the release of the data referred to in this clause by either the City or the State. 9. Governing Law; Jurisdiction; Venue Minnesota law governs the validity,interpretation and enforcement of this Agreement. Venue for all legal proceedings arising out of this Agreement,or its breach,must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 10. Termination by Mutual Agreement This Agreement may be terminated by mutual agreement of the parties. 11. Force Majeure Neither party will be responsible to the other for a failure to perform under this Agreement(or a delay in performance), if such failure or delay is due to a force majeure event.A force majeure event is an event beyond a -4- MnDOT Contract No: 1028709 party's reasonable control, including but not limited to,unusually severe weather, fire, floods, other acts of God, labor disputes,acts of war or terrorism, or public health emergencies. [The remainder of this page has been intentionally left blank] -5- MnDOT Contract No: 1028709 CITY OF EDEN PRAIRIE DEPARTMENT OF TRANSPORTATION The undersigned certify that they have lawfully Recommended for Approval: executed this contract on behalf of the Governmental Unit as required by applicable charter provisions, resolutions or ordinances. By: (District Traffic Engineer) By: Date: Title: Approved: Date: By: (District Engineer) By: Date: Title: Date: COMMISSIONER OF ADMINISTRATION By: (With Delegated Authority) Date: INCLUDE COPY OF RESOLUTION APPROVING THE AGREEMENT AND AUTHORIZING ITS EXECUTION. -6- CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar August 8, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 16-5940 ITEM NO.: Randy Newton Adopt Resolution Authorizing Acquisition of VIII.H. Public Works/Engineering Easements for the Preserve Boulevard Improvements Requested Action Move to: Adopt resolution authorizing the City Engineer and City Attorney to pursue the acquisition of easements for the Preserve Boulevard Improvements. Synopsis This process is necessary to obtain the easements required for the construction of the proposed Preserve Boulevard Improvements. Background Information Based on the preliminary design work and the public feedback that has been provided over the past year the Preserve Boulevard Improvement Project is proposed to include the following significant components: • Prairie Center Drive/Preserve Boulevard intersection improvements including dual left turn lanes for westbound to southbound traffic, flatten the existing cross slope, improve pedestrian and bicycle crossings, line up left turn lanes and provide left turn signal phasing on Preserve Boulevard. • Eliminate southbound lane drop on Preserve Boulevard. • Provide median and left turn lanes throughout the Preserve Boulevard corridor. • Anderson Lakes Parkway/Preserve Boulevard intersection improvements including a longer westbound to northbound right turn lane and improved pedestrian and bicycle crossings. • Provide median refuge for pedestrian and bicycle crossings at Franlo Road and Grier Lane. • Install a pump station between Eden Lake and Neill Lake to reduce drawdown time of Eden Lake. The project is currently scheduled for construction in 2018. The first step in the easement acquisition process is to complete appraisals for the impacted parcels. Prior to proceeding with acquisition offers an additional action by the City Council to approve the appraisals will be requested. Attachments • Resolution • Parcel Exhibit CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2017- RESOLUTION AUTHORIZING ACQUISITION OF EASEMENTS FOR THE PRESERVE BOULEVARD IMPROVEMENTS I.C. 16-5940 WHEREAS, the Eden Prairie City Council previously ordered the design of the Preserve Boulevard Improvements (I.C. 16-5940); and WHEREAS,the easements over adjoining property are required to construct the improvements. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council that the City Engineer and City Attorney are hereby authorized to acquire the necessary easements, by negotiation or condemnation, on the following properties: Parcels 23-116-22-12-0066, 23-116-22-12-0046, 23-116-22-12-0081, 23-116-22-12-0082, 23-116-22-12-0083, 23-116-22-12-0084, 23-116-22-12-0085, 23-116-22-12-0086, 23-116-22-12-0087, 23-116-22-12-0088, 14-116-22-43-0014, 14-116-22-43-0013, 14-116-22-43-0017, 14-116-22-42-0011, 14-116-22-44-0183, 14-116-22-44-0034, 23-116-22-11-0080, 23-116-22-11-0075, 23-116-22-11-0085, 23-116-22-11-0254, 23-116-22-11-0255, 23-116-22-11-0256, and 23-116-22-14-0033. ADOPTED by the Eden Prairie City Council on August 8, 2017 Nancy Tyra-Lukens, Mayor ATTEST: SEAL Kathleen Porta, City Clerk 14-116-22-43-0017 17 / 16 11T: : : ^ Li 14-116-22-43-0013 ,\ i j� 1 18 LJ -H /' i i 15 1 - -- 0 --- ----------- � — ® ® ® I @ FBI A \ c____ __= 14-116-22-44-0034 \\ --- , ....:, 1 --- — 14 II M E\ \-c\:c\ — it:- 19 i H 1411622430014 I I It _ _ _ J - � i__ I I I I I I� ----- - FRANLO ROAD - - - --� /'" 13 IT— I -- —' I 23-116-22-11-0080 1 1 1 C IjI2!jt IL P;--J , _i 23-116-22-12-0084 Q � I ' /.............." is_.... I 23-116-2 12 2-0083 8 m 21` �' w YS i � � s"� 23-916-22-12-0082 --- � 23-116-22-110075 r 7 Y -- `�- N Laic' __H H--- /' ; 6 s m — 3-116-22-12-0081 22 o 23-116-22-12-0046 . '1 L 1 5 0 JJ�� _ GRi R -L-- 1 _ A E T 1-�NE -L 23-116-22-11.0085 . j .„ I Y 1 i 23-114-22-12-0066 T T--- -� \' �' , ` �` I 23-116-22-11-0254.__--\---- \ o I ' 4 23 23-116-22-11-0255 I " I 23-116-22-11-0256 3 24 / I 25v,-) —i L 2 J �sQP� 26 ! '\ i \ -___I 49 , 1 _ 23-116-22-14-0033 P\ = 0 I I ___f 111 EDI EDEN PRESERVE BOULEVARD PARCEL MAP PRAIRIE City of Eden Prairie Proj. 5940-16 08/02/17 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar August 8, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 11-5800 ITEM NO.: Randy Newton Approve Change Order No. 4 for the southern VIII.I. Public Works/Engineering segment of the Shady Oak Road Improvements Requested Action Move to: Approve Change Order No. 4 for the southern segment of the Shady Oak Road Improvements in the amount of 176,859.58. Synopsis Change Order No. 4 consists of a supplemental agreement and a work order grouped together into a single change order. The primary additional cost is a utility delay claim settlement with the contractor. Staff recommends approval of the changes. Background Information Construction on the project began in July 2014 and the project was substantially completed in late June 2016. Change Order 4 includes the remaining changes that are needed to bring the project to completion and to close out the construction contact. The primary item in this change order is a $171,818.58 settlement with C.S. McCrossan for delays and associated costs as a result of a CenturyLink utility line not being relocated per plan. The City previously negotiated and finalized a settlement with CenturyLink for$184,617.08 related to this delay claim. The settlement with C.S. McCrossan is for this amount minus the City incurred costs totaling $12,798.50 related to the resolution of the delay claim. A Settlement and Release Agreement with C.S. McCrossan is included as a separate agenda item in this City Council packet. This change order also includes a work order for the repainting of a portion of the bridge wall to match adjacent elements of the bridge. Financial Implications With this change order, the total contract amount increases from $16,027,664.02 to $16,204,523.60. Funding sources for this project include MnDOT, Hennepin County, Special Assessments, Municipal State Aid, TIF, Water Fund, and Sanitary Sewer Fund. Attachment Change Order No. 4 July 28,2017 CHANGE ORDER NO. 4 Project: T.H.212&C.S.A.H.61 (Shady Oak Road)Interchange Eden Prairie,Minnesota SP 2763-49 City Project No. 11-5800 To: C.S.McCrossan Construction,Inc. You are hereby directed to make the changes noted below in the contract. ITEM DESCRIPTION OF CHANGES 1. SUPPLEMENTAL AGREEMENT NO.5 a. Utility Delay Claim: This Supplemental Agreement constitutes a full and final settlement of all claims for additional compensation that the Contractor has submitted to the City of Eden Prairie as pertains to the delays and associated costs as a result of private utilities not being relocated per plan,as described in C.S.McCrossan's letter dated December 9,2016 tilted Claim Submittal—Utility Delays. Payment for this work will be at the Negotiated lump sum. 2. WORK ORDER NO.35 a. Repaint Bridge Bather: The color of the top and roadway face of the concrete bridge bather is not what the owner expected, due to a specification discrepancy. The Contractor will provide all labor,materials, and equipment to perform traffic control, power wash,and apply a tinted anti-graffiti to the top&roadway face of the bridge barrier.The color shall be the same as the approved test panel applied on the SW corner of the bridge bather. Payment for this work will be at the Negotiated unit prices. Measured ADD the following costs to the contract: Unit Unit Price Quantity Amount 1. Supplemental Agreement#5 a. Settlement of Utility Delay Claim Lump Sum $171,818.58 1 $171,818.58 2. Work Order#35 a. Repaint Bridge Bather Lump Sum $5041.00 I $5041.00 Subtotal TOTAL ADDITIONS $176,859.58 TOTAL DELETIONS $0.00 TOTAL CHANGE(THIS CHANGE ORDER) $176,859.58 ORIGINAL CONTRACT AMOUNT $ 15,638,757.67 TOTAL ADDITONS(ALL CHANGE ORDERS) $ 876,470.33 TOTAL DELETIONS(ALL CHANGE ORDERS) ($ 310,704.40) TOTAL CHANGE(ALL CHANGE ORDERS) $ 565,765.93 TOTAL CONTRACT VALUE INCLUDING THIS CHANGE ORDER $ 16,204,523.60 Change Order No.3 1 February 3,2017 THE ABOVE CHANGES ARE APPROVED: SRF CONSULTING GROUP,INC, CITY OF EDEN PRAIRIE By kik' ' By Project Manager City Manager Date 1 its hi Date 'LI1Ji ABOVE CHANGES ARE ACCEPTED; C.S.McCROSSAN CONSTRUCTION,INC. CITY OF EDEN PRAIRIE By �.��dS1 By Mayor Date '�$- 17 Date H.1ProjectsLIn-Constructton18494tContractChanges4Change OrderskEP2763-49 Change Order 4.dorx Change Order No.3 2 February 3,2017 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar August 8, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 11-5800 ITEM NO.: Randy Newton Adopt Resolution Authorizing Settlement with VIII.J. Public Works/Engineering C.S. McCrossan Construction, Inc.'s Claim for Delay Costs Related to the Shady Oak Road South Improvements Project Requested Action Move to: Adopt Resolution authorizing settlement with C.S. McCrossan Construction Inc. ("Contractor") in the amount of$171,818.58 for its claim for delay costs related to the relocation of CenturyLink's utilities on the Shady Oak Road South Improvements project. Synopsis Subject to Council approval, a proposed settlement in the amount of$171,818.58 has been reached with the Contractor regarding its claim for additional costs incurred related to CenturyLink's relocation activities on the Project. Background Information In the summer of 2013,the City commenced the Project. The City contracted with the Contractor to construct the Project. The Project included certain utility relocations in and around the Shady Oak Road South bridge crossing at Highway 212. The City is responsible for ensuring that utilities on the Project are relocated so as not to interfere with the Contractor's work. Despite utility coordination meetings attended by CenturyLink representatives, detailed plan sheets showing the location of all utilities made available to CenturyLink well in advance of construction, and weekly construction meetings detailing upcoming construction related activities available to CenturyLink,CenturyLink failed to timely relocate its utilities in and around the Shady Oak Road South bridge crossing at Highway 212. The Contractor submitted a claim(the"Claim") to the City for additional costs totaling $216,012.60 associated with the utility relocation delay. The City demanded that CenturyLink pay the Contractor's claim. After further negotiation and consultation, the City settled with CenturyLink for $184,617.08. The City incurred costs totaling $12,798.50 related to the resolution of the Claim. After negotiation and consultation,the City Attorney,City Engineer, and Director of Public Works recommend that the City Council authorize a settlement with the Contractor in the amount of $171,818.58. Attachments • Resolution • Settlement and Release Agreement CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2017- RESOLUTION AUTHORIZING SETTLEMENT OF C.S.MCCROSSAN CONSTRUCTION INC.'S CLAIM FOR THE SHADY OAK ROAD SOUTH IMPROVEMENTS PROJECT I.C. 11-5800 WHEREAS,the City of Eden Prairie("City")entered into a construction contract with C.S. McCrossan Construction, Inc. ("Contractor") for project number I.C. 11-5800, commonly known as the Shady Oak Road South Improvements project(the"Project"); WHEREAS, the Project included relocation of utilities by CenturyLink in and around the Shady Oak Road South/Highway 212 bridge crossing,which it failed to timely perform; WHEREAS, the Contractor submitted a claim for additional costs incurred related to the delay in the amount of$216,012.60 and the City presented the Contractor's claim to CenturyLink; WHEREAS,the City negotiated a payment from CenturyLink in the amount of$184,617.08; WHEREAS,the City incurred costs totaling$12,798.50 related to the Contractor's claim; WHEREAS, after negotiations between the City and the Contractor, the City Engineer, Director of Public Works, and City Attorney recommended settlement with the Contractor in the amount of $171,818.58. NOW,THEREFORE,BE IT RESOLVED by the Eden Prairie City Council: 1. The Recitals set forth above are incorporated herein; 2. The City Council approves the settlement with Contractor in the amount of$171,818.58 for its claim regarding CenturyLink's delay in relocating its utilities on the Project; and 3. The City Council approves the execution of the Settlement and Release Agreement attached hereto as Exhibit A. ADOPTED by the Eden Prairie City Council on August 8,2017. Nancy Tyra-Lukens,Mayor ATTEST: SEAL Kathleen Porta, City Clerk EXHIBIT A (Settlement and Release Agreement) SETTLEMENT AND E;EASE AGREEMENT THIS SETTLEMENT AND RELEASE AGREEMENT ("Settlement Agreement") is effective this >f day of August, 2017, by and between The City of Eden Prairie, a Minnesota municipal corporation("City") and C.S. McCrossan Construction,Inc., a Minnesota corporation ("Contractor") (City and Contractor collectively referred to as the "Parties") regarding City Project No.: 11-5800, which is commonly known as the Shady Oak Road South Improvements project(the "Project"). WHEREAS, City and Contractor entered into a contract (the "Contract") regarding the Project; WHEREAS, the Project included and required relocation of certain utilities by Qwest Corporation d/b/a CenturyLink QC ("CenturyLink"); WHEREAS, Contractor asserted a claim against the City for additional costs it alleges it incurred in completing its work on the Project, totaling $216,012.60, which Contractor alleges were caused by CenturyLink's failure to timely relocate its utilities (the"Claim"); WHEREAS, the City presented the Contractor's Claim to CenturyLink for payment; WHEREAS, CenturyLink denied that its relocation activities on the Project were the sole cause of Contractor's Claim; and WHEREAS, after negotiations, CenturyLink agreed to pay the City $184,617.08 towards Contractor's claim; WHEREAS, the City incurred $12,798.50 in attorney's fees and costs related to the settlement of Contractor's claim; and WHEREAS, the City and Contractor wish, after further negotiation, to amicably resolve the Contractor's Claim for $171,818.58 in exchange for a release of all claims from Contractor for its work on the Project. Now, therefore, in exchange for good and valuable consideration, the receipt of which is expressly acknowledged, the City and Contractor agree as follows: 1. Change Order, Pay Application and Payment to Contractor. Contemporaneous with the execution of this Settlement Agreement, the City and Contractor will execute Change Order No. 4 in the form attached hereto as Exhibit A. The amount of$171,818.58, less retainage, will be paid to the Contractor following City Council approval of the subsequent pay request. The retainage amount shall be paid to the Contractor at the close of the Contract. 1 2. Release by Contractor. Upon receipt of $171,818.58, less retainage, the Contactor's Claim against the City relating to CenturyLink's utility relocation is fully satisfied, and the Contractor releases any and all claims, demands, and causes of action it has or may have against the City, now or in the future, whether known or unknown, in any way related to the Project. 3. General. a. The Parties agree that in making this Settlement Agreement, they are relying on their own judgment, belief and knowledge as to the Claim and that they are not relying upon representations or statements made by any of the persons or entities hereby released, or anyone representing them. b. The Parties agree that the payment of the above sum is not to be construed as an admission of any liability whatsoever by anyone; instead, liability is expressly denied. c. This Settlement Agreement contains the entire agreement between the Parties hereto, and the terms of this release are contractual and not a mere recital. This Settlement Agreement may only be amended in a writing signed by both Parties. d. The undersigned represent that they have read this Settlement Agreement, that they have authority to sign it, and intend to be legally bound hereby. e. The Settlement Agreement may be executed in counterparts, and a facsimile signature or electronic signature (PDF) shall be deemed an original signature for purposes of executing Settlement Agreement. SIGNATURES ON FOLLOWING PAGE 2 CITY OF EDEN PRAIRIE Dated: By: Its: Mayor Dated: By: Its: City Manager C.S.MCCROSSAN CONSTRUCTION,INC. Dated: �j b I i 7 By: ftIi k C.,,..4.2.6s4.4._ Its: vi t, p Rsq ps-�1� 3 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar August 8, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 16-5961 ITEM NO.: Randy Newton Approve Professional Services Agreement with VIII.K. Public Works/Engineering HTPO for Construction Phase Services for the Valley View Road Trail Extension Project Requested Action Move to: Approve Professional Services Agreement with HTPO, Inc. for Construction Phase Services for the Valley View Road Trail Extension Project. Synopsis This Professional Services Agreement will provide construction administration, construction observation, and construction staking for the Valley View Road Trail Extension Project. Award of the construction contract is included as a separate item on this City Council agenda. Background Information The Valley View Road trail improvements include the construction of new trail facility on the south side of Valley View Road between 9977 Valley View Road and Washington Avenue South. The project will take approximately two months to construct and has a substantial completion date of October 16, 2017. The Professional Services Agreement with HTPO has a not to exceed cost of$22,730. The funding for this trail project comes from the Capital Improvement Program, Capital Maintenance and Reinvestment. The City has received a$100,000 cost participation grant from Hennepin County for construction of the trail. Attachment Professional Services Agreement 2017 06 01 Agreement for Professional Services This Agreement ("Agreement") is made on the 8 day of August , 20_17_, between the City of Eden Prairie, Minnesota(hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Hansen Thorp Pellinen Olson, Inc. ("Consultant"), a Minnesota corporation (hereinafter "Consultant") whose business address is 7510 Market Place Drive, Eden Prairie, MN 55344 Preliminary Statement The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional services for City projects. That policy requires that 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 Valley View Road Trail Extension Construction Phase Services 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 ( Proposal Letter dated August 1, 2017 ) in connection with the Work. Exhibit A is intended to be the scope of service for the work of the Consultant. Any general or specific conditions, terms, agreements, consultant or industry proposal, or contract terms attached to or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any manner. 2. Term. The term of this Agreement shall be from August 8, 2017 through December 31, 2018 the date of signature by the parties notwithstanding. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated. 3. Compensation for Services. City agrees to pay the Consultant on an hourly basis plus expenses in a total amount not to exceed $ 23,400 for the services as described in Exhibit A. a. Any changes in the scope of the work which may result in an increase to the compensation due the Consultant shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. b. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City. Version 2017 06 01 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. Page 2 of 10 2017 06 01 b. Suspended Work. If any work performed by the Consultant is suspended in whole or in part by the City, the Consultant shall be paid for any services set forth on Exhibit A performed prior to receipt of written notice from the City of such suspension. c. Payments for Special Consultants. The Consultant shall be reimbursed for the work of special consultants, as described herein, and for other items when authorized in writing by the City. d. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." 6. Project Manager and Staffing. The Consultant shall designated a Project Manager and notify the City in writing of the identity of the Project Manager before starting work on the Project. The Project Manager 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 Project Manager 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. 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. 9. 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 Page 3 of 10 2017 06 01 payment by the City for undisputed services provided by the subcontractor. If the Consultant fails within that time to pay the subcontractor any undisputed amount for which the Consultant has received payment by the City, the Consultant shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Consultant shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Consultant shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 10. 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. 11. 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 $1,000,000 property damage and bodily Liability 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 Page 4 of 10 2017 06 01 Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products- completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. d. 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 including products and completed operations. g. All policies, except the Professional Liability Policy, shall apply on a "per project" basis. h. All General Liability policies, Automobile Liability policies and Umbrella policies shall contain a waiver of subrogation in favor of the City. i. All policies, except for the Worker's Compensation Policy and the Professional Liability Policy, shall be primary and non-contributory. j. All polices, except the Worker's Compensation Policy, shall insure the defense and indemnity obligations assumed by Consultant under this Agreement. The Professional Liability policy shall insure the defense and indemnity obligations assumed by Consultant under this Agreement except with respect to the liability for loss or damage resulting from the negligence or fault of anyone other than the Consultant or others for whom the Consultant is legally liable. Page 5 of 10 2017 06 01 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. 1. It shall be Consultant's responsibility to pay any retention or deductible for the coverages required herein. m. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days' prior notice to the City, except that if the cancellation or non-renewal is due to non-payment, the coverages may not be terminated or non- renewed without ten(10) days' prior notice to the City. n. Consultant shall maintain in effect all insurance coverages required under this Paragraph at Consultant's sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-,unless specifically accepted by City in writing. o. A copy of the Consultant's Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Consultant's Work. Upon request a copy of the Consultant's insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Consultant has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Consultant of any deficiencies in such documents and receipt 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 Page 6 of 10 2017 06 01 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. 12. 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. 13. 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. 14. 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 Page 7 of 10 2017 06 01 settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. GENERAL TERMS AND CONDITIONS 15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 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. 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. 18. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. 19. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 20. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to termination of this Agreement and for one (1) year thereafter, without prior written consent of the former employer in each case. 21. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Agreement or thereafter of any of the rights or remedies of the City under this Agreement. 22. Entire Agreement, Construction, Application and Interpretation. This Agreement is in furtherance of the City's public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Contract shall be valid only when expressed in writing and duly signed by the parties,unless otherwise provided herein. Page 8 of 10 2017 06 01 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. 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. 25. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Agreement if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 26. Rights and Remedies. The duties and obligations imposed by this Agreement and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 27. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City. 28. 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. 29. Statutory Provisions. a. Audit Disclosure. 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. Page 9 of 10 2017 06 01 b. Data Practices. Any reports, information, or data in any form 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. 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. 30. 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. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager CONSULTANT By: Its: Page 10 of 10 2017 06 01 p1 I Engineering•Surveying EXHIBIT A ;1 Landscape Architecture 1 / 1 August 1, 2017 Mr. Randy Newton City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Re: Valley View Road Trail Extension Dear Randy, HTPO is pleased to provide this proposal for civil engineering and surveying services for construction phase services for Valley View Road Trail Extension. SCOPE OF SERVICES We propose to provide the following services: 1. Construction Administration Includes communications with contractor, conducting preconstruction meeting, shop drawing review, preparation of record drawings, and project closeout. 2. Construction Observation Includes 90 hours of construction observation by HTPO over the course of the anticipated 6 weeks of construction, and processing of pay requests and project closeout. 3. Construction Staking Includes a one-time staking for construction limits/erosion control,trail, curb &gutter, and retaining walls. ASSUMPTIONS • Geotechnical engineer will be contracted directly through the City. SCHEDULE We assume that construction will take place between August 2017 and October 2017 with final completion and project closeout in November 2017. 7510 Market Place Drive Eden Prairie, MN 55344 Phone: 952-829-0700 Fax: 952-829-7806 www.htpo.com HANSEN THORP PELLINEN OLSON, INC. Page 2 of 2 RE: Valley View Road Trail Extension August 1,2017 COMPENSATION Compensation for those items described in the Scope of Services above are estimated as follows: Total Expenses $ 23,400 Thank you for this opportunity to provide our services. Sincerely, HANSEN THORP PELLINEN OLSON, INC. '11/4( C2,44.11-ti; Aaron K. Carrell, P.E. Laurie A.Johnso , P.E. Project Engineer President CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar August 8, 2017 DEPARTMENT /DIVISION: ITEM DESCRIPTION: ITEM NO.: Engineering Approve Standard Small Wireless Facility VIII.L. Robert Ellis/Public Works Collocation Agreement with Mobilitie, LLC Requested Action Move to: Approve Standard Small Wireless Facility Collocation Agreement with Mobilitie, LLC. Synopsis Mobilitie, LLC has requested permission from the City to place small wireless facilities on City-owned structures in the public right-of-way. Small wireless facilities include small antennas, associated equipment, and support structures used to provide wireless services between a network and end users. Pursuant to state legislation passed during the 2017 session, the City may require a user who desires to install new structures or locate facilities on existing City-owned structures to enter into a"collocation agreement"with the City that sets forth the terms and conditions of use. Under the Standard Small Wireless Facility Collocation Agreement, Mobilitie is required to submit all plans to the City for approval before installing any facility and comply with other terms and conditions for use of the right- of-way. Mobilitie will pay an annual rent and maintenance fee of$175.00 to the City for each facility, as well as a one-time application/administrative fee of$2,500.00. Attachment Standard Small Wireless Facility Collocation Agreement Final Draft STANDARD SMALL WIRELESS FACILITY COLLOCATION AGREEMENT This Standard Small Wireless Facility Collocation Agreement (the "Agreement") made this 8th day of August,2017,between the City of Eden Prairie,Minnesota,with its principal offices located at 8080 Mitchell Road, Eden Prairie, MN 55344, hereinafter designated CITY, and Mobilitie,LLC,with its principal offices located at 660 Newport Center Drive, Suite 200,Newport Beach, California 92660 (telephone number 877-999-7070), hereinafter designated USER. CITY and USER are at times collectively referred to hereinafter as the "Parties" or individually as the "Part " Y• WITNESSETH WHEREAS, CITY is the owner of, or holds a leasehold or other possessory interest in, certain wireless support structures, which are located within the geographic area of a license to provide wireless services licensed by the Federal Communications Commission; and WHEREAS, USER desires to collocate small wireless facilities in and/or upon certain of CITY'S wireless support structures located within the public right-of-way("ROW") and/or install new wireless support structures in the ROW; and WHEREAS, CITY and USER desire to enter into this Agreement to define the general terms and conditions which govern their relationship with respect to particular sites at which USER may collocate the small wireless facilities as hereinafter set forth; and WHEREAS, CITY and USER acknowledge that they will enter into a supplement to this Agreement("Supplement"), a copy of which is attached hereto as Exhibit A, with respect to each particular location or site which CITY agrees to permit collocation. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the adequacy and sufficiency of which is hereby acknowledged, the parties hereto, for themselves, their successors and assigns, do hereby covenant and agree as follows: I. DEFINITIONS For purposes of this Agreement,the following terms shall have the following definitions: a. "Collocate" or "collocation": to install, mount, maintain, modify, operate, or replace a small wireless facility on, under, within, or adjacent to an existing wireless support structure that is owned privately or by a local government unit. b. "Equipment": wireless facilities and small wireless facilities, as those terms are defined in this Agreement. c. "Small wireless facility": (1) a wireless facility that meets both of the following qualifications: Doc#01-3027728.2 (i) each antenna is located inside an enclosure of no more than six cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all its exposed elements could fit within an enclosure of no more than six cubic feet; and (ii) all other wireless equipment associated with the small wireless facility, excluding electric meters, concealment elements, telecommunications demarcation boxes, battery backup power systems, grounding equipment, power transfer switches, cutoff switches, cable, conduit, vertical cable runs for the connection of power and other services,and any equipment concealed from public view within or behind an existing structure or concealment, is in aggregate no more than 28 cubic feet in volume; or (2) a micro wireless facility. d. "Utility pole": a pole that is used in whole or in part to facilitate telecommunications or electric service. e. "Wireless facility": (1) equipment at a fixed location that enables the provision of wireless services between user equipment and a wireless service network, including: (i) equipment associated with wireless service; (ii) a radio transceiver,antenna,coaxial or fiber-optic cable,regular and backup power supplies, and comparable equipment, regardless of technological configuration; and (iii) a small wireless facility. (2) "Wireless facility" does not include: (i) wireless support structures; (ii) wireline backhaul facilities; or (iii) coaxial or fiber-optic cables (i) between utility poles or wireless support structures, or (ii) that are not otherwise immediately adjacent to or directly associated with a specific antenna. f. "Micro wireless facility": a small wireless facility that is no larger than 24 inches long, 15 inches wide, and 12 inches high, and whose exterior antenna, if any, is no longer than 11 inches. g. "Wireless service": "Wireless service" means any service using licensed or unlicensed wireless spectrum, including the use of Wi-Fi, whether at a fixed location or by means -2- of a mobile device, that is provided using wireless facilities. Wireless service does not include services regulated under Title VI of the Communications Act of 1934, as amended, including a cable service under United States Code,title 47, section 522, clause(6). h. "Wireless support structure": a new or existing structure in a public right-of-way designed to support or capable of supporting small wireless facilities,as reasonably determined by a local government unit. i. "Wireline backhaul facility": a facility used to transport communications data by wire from a wireless facility to a communications network. II. USER REQUEST TO USE PREMISES a. Before USER shall collocate any Equipment on CITY'S wireless support structures or install a new wireless support structure, as shall be more fully described in each Supplement to be executed by the Parties,hereinafter referred to as the"Premises"under this Agreement, USER shall request permission from CITY in writing, which writing shall include a draft Supplement, and shall comply with the procedures set forth in this section. b. USER may submit a consolidated request to CITY for permission to collocate up to fifteen (15) small wireless facilities, provided that the small wireless facilities in the consolidated request: (1) are located within a two-mile radius; (2) consist of substantially similar equipment; and (3) are to be placed on similar types of wireless support structures. Such consolidated request shall include a separate draft Supplement for each small wireless facility. c. Approval of this Agreement by CITY shall be in the form of an approved City Council Resolution. Following said approval of this Agreement, each individual Supplement may be approved by the City Manager or his/her designee. d. USER shall have the non-exclusive right, at its sole cost and expense, to use the Premises, as identified in each individual Supplement, for the purpose of collocating equipment on CITY's wireless support structure(s) or installing new wireless support structure(s) and uses incidental thereto, in a manner consistent with each Supplement("Approved Use"). e. Regarding USER's application for each individual Supplement: If, in the judgment of CITY, USER's use under the circumstances is undesirable based on generally applicable and reasonable health,safety, and welfare concerns,CITY shall have the right to reject the application. In any event,within ninety(90)days after the receipt of such application CITY shall notify USER in writing whether the application is approved or rejected and,if rejected,shall document the basis for the rejection. If CITY does not notify USER within ninety(90) days the application shall be deemed approved. USER shall use the Premises only in accordance with good engineering practices and in compliance with all applicable Federal Communications Commission ("FCC"), federal, state, and local rules, laws and regulations. f. Along with each application for an individual Supplement, USER shall furnish CITY detailed Construction Plans and drawings for each individual Premises, together with necessary maps, indicating specifically the wireless support structures of CITY to be used, the number and character of the small wireless facilities to be placed on such structures, Equipment - 3- necessary for USER's use, replacements of existing wireless support structures, any additional wireless support structures which may be required, and any new installations for transmission conduit, pull boxes, and appurtenances (the "Work"). The Parties shall execute a Supplement for each Premises. Upon execution of the Supplement, USER shall have the right to use the Premises and proceed with the Work in accordance with the terms of the Supplement and this Agreement. USER shall perform all Work at its own expense and in such manner as to not interfere with CITY's use of the Property or the Premises. g. All wireless support structures used by USER under this Agreement, including wireless support structures installed by USER,shall remain the property of CITY(unless otherwise specified in the individual Supplement), and any payments made by USER for changes to existing wireless support structures, conduits, conductor pull boxes, facilities, and appurtenances, or installation of any new wireless support structures, conduits, conductor pull boxes, facilities, or appurtenances, under this Agreement shall not entitle USER to ownership of any of said infrastructure(unless otherwise specified in the individual Supplement supplement). h. CITY reserves the right to exclude any of CITY's wireless support structures, conduits, conductor pull boxes, appurtenances, public ROW and/or real property from use by USER if CITY determines that USER's proposed use is contrary to generally applicable and reasonable health, safety, and welfare regulations. III. PREMISES. Pursuant to all of the terms and conditions of this Agreement, and the applicable Supplement, CITY may approve USER's application for a particular Premises described in the Supplement, for the installation, operation and maintenance of Equipment; together with the non- exclusive right of ingress and egress from a public ROW, seven(7)days a week,twenty-four(24) hours a day,over the Property(as defined below)to and from the Premises.The entirety of CITY's ROW and real property is referred to herein as the "Property". The primary use and purpose of the Property, inclusive of the Premises, is to provide for traffic control, street lighting and other governmental purposes ("Primary Use"). CITY's operations take priority over USER's operations. USER agrees that the following priorities of use, in descending order, shall apply in the event of communication interference, emergency public safety needs, Premises repair or reconditioning, or other conflict while this Agreement is in effect, and USER's use shall be subordinate accordingly: (1) CITY, its employees, agents and contractors; (2) Public safety agencies, including law enforcement, fire, and ambulance services, that are not related to CITY; (3) Other governmental agencies where use is not related to public safety; (4) Pre-existing licensees or permitees of CITY(if any); - 4- (5) USER referenced in this Agreement. When an event occurs that poses an immediate threat of substantial harm or damage to the health, safety and welfare of the public and/or the Property/Premises, as solely determined by CITY("Jeopardy"),the CITY may take actions the CITY determines are required to address such Jeopardy provided that promptly after such actions that affect the Premises, and in no event later than seventy-two (72) hours after such actions, CITY gives written notice to USER of CITY's emergency actions. If CITY determines that the conditions of a Jeopardy would be benefited by cessation of USER's operations, USER shall immediately cease its operations on the Premises upon notice from CITY to do so, and the Term (as defined herein) of the applicable Supplement shall be suspended until the conditions of Jeopardy have ended. In the event there are not sufficient electric,telephone,cable,or fiber utility sources located at the Premises or on the Property, USER may request approval from the CITY,by submitting to CITY a written plan for installation,to install such utilities on, over and/or under the Property and to the Premises as necessary for USER to operate in accordance with its Approved Use. CITY shall, in its sole discretion,notify USER that it approves, denies or modifies the plan within thirty (30)business days of receipt of the same, and in the case of any denial or modification CITY shall state the reasons therefor. USER must, at the time of application and at any future time as requested by CITY,obtain and submit to CITY a structural engineering study carried out by a qualified structural engineer, showing that the wireless support structure(s) is (are) able to support the Equipment. Said study must be signed by an engineer licensed in Minnesota per State Rule 1800.4200 and Minnesota Statutes Chapter 326. If the study finds that any proposed structure is inadequate to support the proposed loads, USER shall not install the Equipment and the approval for the Premises at issue shall terminate. IV. INSTALLATION OF EQUIPMENT a. Construction Plans For the initial installation of all Equipment and for any and all subsequent revisions and/or modifications thereof, or additions thereto, at the time of application for each individual Supplement USER shall provide CITY with two (2) sets of construction plans ("Construction Plans") consisting of the following: Line or CAD drawings showing the location and materials of all planned installations plus an Engineer's Estimate of all materials and construction methods; Construction Specifications and Product Specifications for all planned installations; Diagrams and Shop Drawings of proposed Equipment; A complete and detailed inventory of all Equipment and other personal property of USER actually placed on the Premises. CITY retains the right to survey the installed Equipment. - 5- Construction Plans shall be easily readable and subject to prior written approval by CITY, which shall not be withheld, conditioned or delayed without cause. In accordance with Section II.e, above, CITY shall have ninety (90) days to review and comment on the Construction Plans. Should the Construction Plans need to be revised based on the comments provided by CITY, no construction shall commence until final approval is granted by CITY. Final Construction Plans shall have affixed to them the signature of USER's engineer who shall be licensed in the State of Minnesota pursuant to Minnesota Rule 1800.4200 and Minnesota Statutes Chapter 326. b. Construction Scheduling At least ten (10) business days prior to USER's construction mobilization, USER shall conduct a meeting on the Property or other location as agreed upon. Said meeting shall at a minimum be attended by a representative of CITY and all parties involved in the installation. c. Construction Inspection All construction activity shall be subject to inspection and approval by CITY. Inspection may be performed at any time during the course of the construction activity reasonably determined by CITY, at USER's expense. Construction work performed without approval of CITY will not be accepted and shall be removed or uninstalled at USER's sole expense. USER shall be solely responsible for all costs associated with said inspection and approval of Work by CITY. d. Exposed Equipment All Equipment affixed to a wireless support structure on the Premises which has exterior exposure shall be as close to the color of the structure as is commercially available to the USER. For exposed cables, wires or appurtenances, CITY reserves the right to require USER to provide cables, wires or appurtenances in manufactured colors which are commercially available, in lieu of painting. e. Damage by USER Any damage to the Property, the Premises, or CITY's wireless support structures or equipment thereon caused by USER in any manner shall be repaired or replaced at USER's expense and to CITY's satisfaction. f. As-Built Drawings Within thirty (30) days after USER activates the Equipment, USER shall provide CITY with an As-Built drawing in electronic file format compatible with CITY's record file system consisting of As-Built drawings of the Equipment installed at the Premises and on any of the Property, which shall show the actual location of all Equipment. Said drawings shall be accompanied by a complete and detailed site survey of the Property and an inventory of all Equipment. g. Permits - 6- USER may also be required to obtain from CITY, or the appropriate governing agency as applicable,any and all permits required for a complete installation. Said permits shall include,but not be limited to: Right of Way permit for obstruction or excavation of the ROW,Meter Hooding, Storm Water, etc. Applicable fees for any permits shall be borne by USER and USER shall be bound by the requirements of said permits. h. New Wireless Support Structures If CITY permits USER to install a new wireless support structure in the ROW, such wireless support structure shall not exceed fifty (50) feet above ground level, subject to local zoning regulations, and shall be separated from other wireless support structures by a minimum of 600 feet.If CITY permits USER to install a new wireless support structure that replaces an existing wireless support structure that is higher than fifty (50) feet above ground level, the replacement structure may be placed at the height of the existing structure. V. MAINTENANCE AND REPAIR OF EQUIPMENT a. Property CITY reserves the right to take any action it deems necessary, in its sole discretion, to repair,maintain, alter, or improve the Property. b. Structure Reconditioning and Repair (1) From time to time, CITY paints, reconditions, or otherwise improves or repairs the Property or wireless support structures or improvements thereon ("Reconditioning Work"). CITY shall reasonably cooperate with USER to carry out Reconditioning Work in a manner that minimizes interference with USER's Approved Use. (2) Except in cases of emergency,prior to commencing Reconditioning Work, CITY shall provide USER with not less than thirty (30) days prior written notice thereof. Upon receiving such notice, it shall be the sole responsibility of USER to provide adequate measures to cover or otherwise protect the Equipment from the consequences of such activities, including but not limited to paint and debris fallout. CITY reserves the right to require USER to remove all Equipment during Reconditioning Work. (3) During CITY's Reconditioning Work, and after approval by CITY in its sole discretion, USER may maintain a mobile site on the Premises or on any land owned or controlled by CITY in the immediate area of the Premises determined suitable by CITY. If the Premises will not accommodate mobile equipment, it shall be USER's responsibility to locate auxiliary sites. (4) USER may request a modification of CITY'S procedures for carrying out Reconditioning Work in order to reduce the interference with USER's Approved Use. If CITY agrees to the modification, USER shall be responsible for all incremental cost related to the modification. c. Premises -7 - USER shall, at its own cost and expense, maintain the Equipment in good and safe condition, and in compliance with applicable fire, health, building, and other life safety codes. USER shall obtain from CITY any and all permits required for the purposes of maintaining the Equipment.Applicable fees for any permits shall be borne by USER and USER shall be bound by the requirements of said permits. d. Notice of completion of Maintenance and Repair CITY shall provide notice to USER when the Reconditioning Work has been completed, after which USER may, at its own cost, remove any measures installed to cover of protect the Equipment. Within ten(10)days of said notice, USER shall remove any mobile site placed on the Premises or any other land owned by CITY or any auxiliary site within Eden Prairie. VI. CONDITION OF PREMISES. Where the Premises includes one or more wireless support structures, CITY will keep and maintain the wireless support structures in good repair as required for its Primary Use and in the ordinary course of business as its budget permits. CITY makes no guarantee as to the condition of any Premises with regard to USER's intended use. If the Supplement for the Premises identifies USER as the owner of the wireless support structure, then USER shall keep and maintain the facility in a good state of repair. VII. TERM; RENTAL. This Agreement shall be for a term of ten(10)years commencing upon the execution hereof by both Parties. Each Supplement shall be effective as of the date of execution by both Parties(the "Effective Date"). The initial term of each Supplement shall be for five (5) years and shall commence based upon the date USER commences installation of the equipment on the Premises. In the event the date USER commences installation of the equipment on the Premises falls between the 1st and 15th of the month,the initial term of the Supplement shall commence on the 1st of that month and if the date installation commences falls between the 16th and 31 st of the month, then the initial term shall commence on the 1st day of the following month(either the"Commencement Date"). On the Commencement Date of each Supplement, rental payments shall commence and be due at a total annual rental as set forth in each Supplement, to be paid to CITY as set forth below. CITY and USER acknowledge and agree that the initial rental payment for each Supplement may not actually be sent by USER until forty-five(45)days after the Commencement Date. To reimburse CITY for its costs related to the management of the Premises, USER shall pay to CITY a Base Rent ("Base Rent") equal to One Hundred Seventy-Five and No/Dollars ($175.00) per year for rent and maintenance of each Premises (i.e., wireless support structure) upon which USER has installed the Equipment. USER shall furnish and install an electrical meter at the Property for the measurement of electrical power used by USER's installation and shall pay the electric service provider directly for the cost of electricity used by USER. On all Supplements with a Commencement Date other than January 1,the first year's Base Rent shall be prorated to the end of the year in which the Commencement Date occurs. Similarly, for all Supplements that expire or otherwise terminate on a date other than December 31,the Base - 8 - Rent shall be prorated from the beginning of the year to the end of the month in which the Supplement expires or otherwise terminates. Subsequent to the initial payment of pro-rated rents in the year of the Commencement Date,the Base Rent due hereunder for all subsequent years shall be paid prior to January first(1st) of each succeeding year. In addition, the parties acknowledge and agree that USER shall pay to CITY a one-time, lump-sum administrative/application fee of Two Thousand Five Hundred Dollars ($2,500.00) for this Agreement upon execution of this Agreement by both parties. The administrative/application fee shall reimburse CITY for its reasonable staff and legal costs incurred in drafting, reviewing, and processing this Agreement and any Supplements. The parties further acknowledge and agree that, pursuant to Minn. Stat. § 237.163, subd. 6, CITY may charge to USER, and USER shall pay to CITY, a reasonable fee in an amount to be determined by CITY when USER causes CITY to incur costs as a result of actions or inactions of USER. Upon agreement of the Parties,USER may pay Base Rent by electronic funds transfer and in such event, CITY agrees to provide to USER bank routing information for such purpose upon request of USER. VIII. EXTENSIONS. This Agreement may be extended three (3) additional five (5) year terms by mutual agreement between CITY and USER.Any such extension shall be memorialized in writing.Absent an extension in writing this Agreement shall terminate at the end of the then current term. Each Supplement shall automatically be extended for one(1)additional five(5)year term unless USER terminates the Supplement at the end of the initial five(5)year term by giving CITY written notice of the intent to terminate at least three (3) months prior to the end of the initial term; provided however, each Supplement shall terminate automatically upon the expiration or termination of this Agreement. The initial term and all extensions under this Agreement or a Supplement shall be collectively referred to herein as the "Term." IX. USE; GOVERNMENTAL APPROVALS. USER shall use the Premises only for the Approved Use. It is understood and agreed that USER's permission to use the Premises is contingent upon its obtaining and maintaining all of the certificates,permits and other approvals(collectively the"Governmental Approvals")that may be required by any Federal, State or other governmental authorities as well as a satisfactory structural analysis, and a radio frequency analysis as stated in "ENVIRONMENTAL" below. CITY shall cooperate with USER in its effort to obtain such approvals. In the event that(i)any application for such Governmental Approvals should be finally rejected; (ii) any Governmental Approval issued to USER is canceled, expires, lapses, or is otherwise withdrawn or terminated; or (iii) USER determines that such Governmental Approvals may not be obtained in a timely manner, USER shall have the right to terminate the applicable Supplement.Notice of USER's exercise of its right to terminate shall be given to CITY in accordance with the notice provisions set forth herein and shall be effective upon the later of: (a) the receipt of such notice as set forth in NOTICE below; (b) upon such later date as designated by USER; or (c) upon USER's removal of the Equipment -9- as required herein. All rents and costs paid to said termination date shall be retained by CITY. Upon such termination, the applicable Supplement shall be of no further force or effect except to the extent of the representations, warranties and indemnities made by each Party to the other thereunder.Otherwise,the USER shall have no further obligations for the payment of rent to CITY for the terminated Supplement. X. INDEMNIFICATION. USER shall, to the extent permitted by law, indemnify, defend and hold CITY harmless against any claim of liability or loss from personal injury or property damage resulting from or arising out of the use of the Property and/or the Premises by USER, its employees, contractors or agents, except to the extent such claims or damages may be due to or caused solely by the negligence or willful misconduct of CITY, or its employees, contractors or agents. XI. INSURANCE. a. Notwithstanding any provision of this Agreement to the contrary,CITY and USER each hereby release and waive all rights of subrogation against the other, its officers, directors, employees and agents from any and all loss, damages or liability covered under any policy of insurance required to be maintained by this Agreement, including deductibles or retentions, notwithstanding that such loss,damages or liability may have arisen from the negligence,tortious act or omission of the other party, or anyone for whom such party may be responsible, provided however this provision is effective only upon the condition that the applicable policy of insurance which covers any such claim contains by endorsement a waiver of subrogation as to the other party. Each Party shall provide to the other upon execution hereof a Certificate of Insurance containing that contain an endorsement waiving subrogation as to the other Party b. USER agrees that at its own cost and expense, it will maintain commercial general liability insurance with limits of$4,000,000 per occurrence for bodily injury(including death) and $4,000,000 general aggregate. USER will provide Certificates of Insurance evidencing the coverage required and including CITY as an additional insured as its interest may appear under this Agreement.The insurance policies shall be issued by a company(rated A:VII or better by Best Insurance Guide) licensed, authorized or permitted to do business in the State of Minnesota. The policies shall specify that the coverage will be the primary and noncontributory. The policies shall also insure the indemnification obligation(s) contained in this Agreement and any Supplement. c. USER shall maintain worker's compensation insurance in compliance with the statutory requirements of the state in which the Premises is located and Employer's Liability with a limit of$1,000,000 each accident/disease/policy limit. d. USER shall maintain Comprehensive Automobile Liability with a limit of $1,000,000 combined single limit each accident,which shall include coverage for all owned,hired and non-owed vehicles. XII. LIMITATION OF LIABILITY. - 10 - CITY shall not be liable to the USER, or any of its respective agents, representatives, employees for any lost revenue, lost profits, loss of technology, rights or services, incidental, punitive, indirect, special or consequential damages, loss of data, or interruption or loss of use of service, even if advised of the possibility of such damages, whether under theory of contract, tort (including negligence), strict liability or otherwise. XIII. ANNUAL TERMINATION. Notwithstanding anything to the contrary contained herein,provided USER is not in default hereunder beyond applicable notice and cure periods, USER shall have the right to terminate each Supplement upon the annual anniversary of the Commencement Date provided that three (3) months prior notice is given to CITY. Upon such termination,the applicable Supplement shall be of no further force or effect except the representations, warranties and indemnities made by each Party to the other thereunder shall survive and be enforceable after termination. Otherwise, the USER shall have no further obligations for the payment of rent to CITY for the terminated Supplement. XIV. INTERFERENCE. USER agrees to install the Equipment of the type and frequency which will not cause interference which is measurable in accordance with then existing industry standards to any equipment of CITY or to other licensees of the Property which existed prior to the date this Agreement is executed by the Parties. In the event any of the Equipment causes such interference, and after CITY has notified USER in writing of such interference, USER will take all steps necessary to correct and eliminate the interference,including but not limited to, at CITY's option, powering down such Equipment and later powering up such Equipment for intermittent testing. XV. REMOVAL AT END OF TERM. USER shall, upon expiration of the Term, or within ninety (90) days after any earlier termination of a Supplement, remove its Equipment, conduits, fixtures and all personal property and restore the Premises to its original condition,reasonable wear and tear excepted. CITY agrees and acknowledges that all of the Equipment, conduits, fixtures and personal property of USER shall remain the personal property of USER and USER shall have the right to remove the same at any time during the Term. All wireless support structures, conduit and pole boxes are and shall remain property of CITY. If at such time for removal USER fails to remove its equipment, USER shall pay rent at twice the then existing monthly rate or the existing monthly pro-rata basis if based upon a longer payment term, until such time as the removal of the Equipment, fixtures and all personal property are completed. Contemporaneously with the delivery to CITY of this Agreement executed by USER, USER solely at its cost and expense, will procure and deliver to CITY an irrevocable letter of credit ("Letter") in favor of CITY in the principal amount of Five Thousand and 00/100 Dollars ($5,000.00)to secure USER's obligation herein to remove the Equipment. In the event USER fails to remove the Equipment and restore the Property,reasonable wear and tear and casualty damage excepted, CITY may do so. USER shall reimburse CITY for all costs incurred by CITY in removing the Equipment and restoring the Property. CITY may draw upon the Letter in an amount - 11 - that will reimburse CITY for its costs. Any amount remaining will be refunded to USER. If the Letter is insufficient to cover CITY's costs USER shall promptly pay to CITY the deficiency. XVI. NO REPRESENTATION OR WARRANTY- CONDITIONAL GRANT CITY makes no representation or warranty regarding the condition of its title to the Property or its right to grant to USER use or occupation thereof under this Agreement. The approval granted herein is "as is." USER is entering into this Agreement and USER's use of the Property is subject to USER's own investigation and acceptance. USER's rights granted pursuant to this Agreement are subject and subordinate to all limitations, restrictions, and encumbrances relating to CITY's interest in the Property that may affect or limit CITY's right to grant those rights to USER. XVII. ASSIGNMENT. This Agreement and each Supplement under it may be sold, assigned or transferred by USER without any approval or consent of CITY to the USER's principal, affiliates, subsidiaries of its principal or to any entity which acquires all or substantially all of USER's assets in the market defined by the FCC in which the Property is located by reason of a merger, acquisition or other business reorganization. As to other parties, this Agreement and each Supplement may not be sold, assigned or transferred without written consent of CITY, given in its sole discretion. USER shall provide written notice of all sales, assignments or transfers within 60 days thereof No change of stock ownership,partnership interest, or, control of USER shall constitute an assignment hereunder. In the event of any sale, assignment or transfer, USER shall not be relieved of any of its obligations under this Agreement or any of the Supplements whose term has not expired or otherwise terminated at the time of such sale, assignment or transfer. XVIII.NOTICES. All notices hereunder must be in writing and shall be deemed validly given if sent by certified mail, return receipt requested or by commercial courier, provided the courier's regular business is delivery service and provided further that it guarantees delivery to the addressee by the end of the next business day following the courier's receipt from the sender, addressed as follows (or any other address that the Party to be notified may have designated to the sender by like notice): CITY: City of Eden Prairie Attn: City Engineer 8080 Mitchell Road Eden Prairie, MN 55344 USER: Mobilitie, LLC Attn: Legal Department 660 Newport Center Drive - 12 - Suite 200 Newport Beach, CA 92660 Notice shall be effective upon actual receipt or refusal as shown on the receipt obtained pursuant to the foregoing. XIX. RECORDING. CITY agrees to execute a Memorandum of each Supplement which USER may record with the appropriate recording officer. The date set forth in the Memorandum is for recording purposes only and bears no reference to commencement of either the Term or rent payments. XX. DEFAULT. In the event there is a breach by a Party with respect to any of the provisions of this Agreement or a Supplement or its obligations thereunder, the non-breaching Party shall give the breaching Party written notice of such breach. After receipt of such written notice, the breaching Party shall have thirty(30) days in which to cure any breach, provided the breaching Party shall have such extended period as may be required beyond the thirty(30) days if the breaching Party commences the cure within the thirty (30) day period and thereafter continuously and diligently pursues the cure to completion. A Party's failure to cure a breach within the time period set forth herein shall constitute a"Default". XXI. REMEDIES. In the event of a Default by either Party, without limiting the non-defaulting Party in the exercise of any right or remedy which the non-defaulting Party may have by reason of such Default,the non-defaulting Party may terminate this Agreement and/or the applicable Supplement and/or may pursue any remedy now or hereafter available to the non-defaulting Party under the law of the State of Minnesota. Further, upon a Default, CITY may at its option (but without obligation to do so), perform USER's duty or obligation on USER's behalf, including but not limited to the obtaining of reasonably required insurance policies. The costs and expenses of any such performance by CITY shall be due and payable by USER upon invoice therefor. XXII. ENVIRONMENTAL. a. Upon Request of CITY, USER must obtain at USER's cost a radio frequency interference study carried out by an independent professional radio frequency engineer ("RF Engineer")showing that USER's use will not interfere with any existing,licensed communications facilities, or CITY's licensed and unlicensed communications facilities. The RF Engineer shall provide said evaluation to CITY and USER no later than thirty (30) days after frequencies are provided by CITY. USER shall not transmit or receive radio waves at the Property until such evaluation has been satisfactorily completed. b. USER shall hire an RF Engineer to conduct a radiation survey of the Property following USER's initial RF transmissions on the Premises. USER shall be responsible for all costs of such survey. USER shall provide a copy of the survey to CITY upon its completion. - 13 - c. USER shall implement all measures at the transmission site required by FCC regulations, including but not limited to posting signs and markings. CITY shall cooperate with and permit USER to implement all reasonable measures in order for USER to fulfill its FCC obligations. CITY agrees that in the event any future party causes the entire site to exceed FCC Radio Frequency radiation limits, as measured on the Premises, CITY shall hold such future party liable for all such later-arising non-compliance. XXIII.CASUALTY. In the event of damage by fire or other casualty to the wireless support structure or Premises that cannot reasonably be expected to be repaired within forty-five (45) days following same or which CITY elects not to repair, or if the wireless support structure or Property is damaged by fire or other casualty so that such damage may reasonably be expected to disrupt USER's operations at the Premises for more than forty-five (45) days, then USER may, at any time following such fire or other casualty,provided CITY has not completed the restoration required to permit USER to resume its operation at the Premises, terminate the Supplement upon fifteen (15) days prior written notice to CITY. Any such notice of termination shall cause the Supplement to expire with the same force and effect as though the date set forth in such notice were the date originally set as the expiration date of the Supplement. The Base Rent shall abate during the period of repair following such fire or other casualty in proportion to the degree to which USER's use of the Premises is impaired. XXIV.APPLICABLE LAWS. USER shall, at USER's sole cost and expense, comply with (a) all Laws to the extent that they relate to USER's use of the Premises; and (b) all building codes requiring modifications to the Premises due to the improvements being made by USER in the Premises. It shall be CITY's obligation to comply with all Laws relating to the Premises in general. XXV. MISCELLANEOUS. This Agreement and the Supplements that may be executed from time to time hereunder contain all agreements, promises and understandings between the CITY and the USER regarding this transaction, and no oral agreement, promises or understandings shall be binding upon either the CITY or the USER in any dispute, controversy or proceeding. This Agreement may not be amended or varied except in a writing signed by all Parties. This Agreement shall extend to and bind the heirs,personal representatives, successors and assigns hereto. The failure of either party to insist upon strict performance of any of the terms or conditions of this Agreement or to exercise any of its rights hereunder shall not waive such rights and such party shall have the right to enforce such rights at any time.The performance of this Agreement via each Supplement shall be governed interpreted, construed and regulated by the laws of the state in which the Premises is located without reference to its choice of law rules. XXVI.CONDEMNATION. If the whole or any part of the Property shall be taken by any public authority under the power of eminent domain,or is sold to any entity having the power of eminent domain under threat of condemnation,then the term of this Agreement or the applicable Supplements shall cease as of - 14 - the date of the granting of the petition or the date of taking or closing whichever is applicable. All rentals and costs paid to said termination date shall be retained by CITY,but any obligation to pay future rentals and costs shall cease.Any award,compensation,or damages, shall be paid to and be the sole property of CITY, but nothing herein shall preclude USER from claiming against the condemning authority with respect to moving expenses and loss of personal property, and receiving an award therefor. XXVII. DATA PRACTICES. This Agreement and the Supplements are subject to the Minnesota Government Data Practice Act,Minnesota Statutes Chapter 13 (Data Practices Act).All government data,as defined in the Data Practices Act Section 13.02, Subd 7,which is created,collected,received,stored,used, maintained, or disseminated by USER in performing any of the functions of the CITY during performance of this Agreement or a Supplement is subject to the requirements of the Data Practice Act and USER shall comply with those requirements as if it were a government entity. [Remainder of Page Intentionally Blank-Signatures on Following Page] - 15 - IN WITNESS WHEREOF, the Parties hereto have set their hands and affixed their respective seals the day and year first above written. CITY: City of Eden Prairie By: Nancy Tyra-Lukens, its Mayor Date: AND By: Rick Getschow,its City Manager Date: USER: Mobilitie, LLC By: Name (AW,T Title: C ,. G-G i l - ca'W Date: 44 �. - 16 - EXHIBIT"A" SUPPLEMENT TO STANDARD SMALL WIRELESS FACILITY COLLOCATION AGREEMENT 1. This Supplement to Standard Small Wireless Facility Collocation Agreement ("Supplement"), is made this day of , 20_ between the City of Eden Prairie, Minnesota, with its principal offices located at 8080 Mitchell Road, Eden Prairie, MN 55344 ("CITY"), and Mobilitie, LLC, with its principal offices located at 660 Newport Center Drive, Suite 200,Newport Beach, California 92660 ("USER"). 2. Standard Small Wireless Facility Collocation Agreement. This Supplement is a Supplement as referenced in that certain Standard Small Wireless Facility Collocation Agreement between CITY and USER, dated , 201_, (the "Agreement"). All of the terms and conditions of the Agreement are incorporated herein by reference and made a part hereof without the necessity of repeating or attaching the Agreement. In the event of a contradiction, modification or inconsistency between the terms of the Agreement and this Supplement,the terms of this Supplement shall govern. Terms used in this Supplement shall have the same meaning described for them in the Agreement unless otherwise indicated herein. 3. Premises. The Property owned by CITY is located at ; the Premises approved by the CITY for USER's use hereunder is described on Exhibit "1" attached hereto and made a part hereof. 4. Term. The Commencement Date and the Term of this Supplement shall be as set forth in the Agreement. 5. Consideration. Annual Base Rent for this Supplement shall be ,payable as set forth in the Agreement. 6. Ownership and Maintenance. The following shall be owned and maintained by CITY: , The following shall be owned and maintained by USER: 6. Site Specific Terms. (Include any site-specific terms) [Remainder of Page Intentionally Blank-Signatures on Following Page] IN WITNESS WHEREOF, the Parties hereto have set their hands and affixed their respective seal the day and year first above written. CITY: City of Eden Prairie By: [EXHIBIT ONLY -NOT FOR EXECUTION] Print Name: Title: Date: USER: Mobilitie,LLC By: [EXHIBIT ONLY-NOT FOR EXECUTION] Print Name: Title: Date: -2 - Doc#01-3027728.2 EXHIBIT 1 Premises(Include Map, Wireless Support Structure Diagram, Site Plan and Table Listing All Wireless Support Structure Locations) CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar August 8, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Joe Dusek Award Contract to Blackstone Contractors for VIII.M. Public Works/Utilitiesremoval and replacement of retaining wall in southeast corner of water treatment plant underground storage tank Requested Action Move to: Award contract to Blackstone Contractors to supply labor and materials for the removal and replacement of retaining wall in the southeast side of underground storage tank in the amount of$26,950.00. Synopsis Multiple quotes were received from Blackstone Contractors and Premiere One Landscapes to perform the work and are tabulated as follows: Blackstone Contractors $26,950.00 Premiere One Contractors $27,500.00 Background Information The retaining wall in the southeast corner of the underground storage tank at the water treatment plant was installed in 1998. The wall is crumbling apart and is in need of repair. The area next to the wall is used by the Utilities Division to park trucks, trailers, and other equipment. Failure of the retaining wall could result in damages to City owned property. Staff recommends award of the contract for replacing the retaining wall to Blackstone Contractors. Attachment Contract 2017 06 01 Construction Contract This Contract ("Contract") is made on the 8th day of August, 2017 , between the City of Eden Prairie, Minnesota (hereinafter " City" ) , whose business address is 8080 Mitchell Road, Eden Prairie , MN 55344 , and Blackstone Contractors , LLC, a Minnesota Landscaping contractor (hereinafter " Contractor" ) whose business address is 9520 County Road 19 , Suite D , Loretto , MN 55357 . Preliminary Statement The City has adopted a policy regarding the selection and hiring of contractors to provide a variety of services for City projects . That policy requires that persons , firms or corporations providing such services enter into written agreements with the City . The purpose of this Contract is to set forth the terms and conditions for the provision of services by Contractor for removal and replacement of retaining wall hereinafter referred to as the " Work" . The City and Contractor agree as follows : 1 . Scope of Work/Proposal. The Contractor agrees to provide, perfoun and complete all the provisions of the Work in accordance with attached Exhibit A . Any general or specific conditions, teitus, agreements, contractor or industry proposal, or contract terms attached to or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any manner . 2 . Time of Commencement and Completion . The Work to be performed under this Contract shall be commenced immediately after execution of this Contract . The Work shall be completed by October 31 , 2017 3 . Compensation for Services. City agrees to pay the Contractor a fixed sum of $ 26 , 950 . 00 as full and complete payment for the labor, materials and services rendered pursuant to this Contract and as described in Exhibit A . a. Any changes in the scope of the work which may result in an increase to the compensation due the Contractor shall require prior written approval by an authorized representative of the City or by the City Council . The City will not pay additional compensation for services that do not have prior written authorization . b . If Contractor is delayed in perfonnance due to any cause beyond its reasonable control, including but not limited to strikes, riots , fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay. 4 . Method of Payment. The Contractor shall submit to the City, on a monthly basis , an itemized invoice for services performed under this Contract . Invoices submitted shall be paid in the same manner as other claims made to the City. a . Invoices . Contractor shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471 . 38 and 471 . 391 . For reimbursable expenses, if provided for in Exhibit A, the Contractor shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City ' s project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract . Each invoice shall be accompanied by general lien waiver and further lien waivers from all subcontractors on the project waiving liens for work for which payment was requested by Contractor and paid for by City on the preceding invoice . b . Claims . To receive any payment on this Contract, pursuant to Minn . Stat. 471 . 38 , the invoice or bill must include the following signed and dated statement : "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid . " c . Final Payment. Contractor ' s request for final payment shall be accompanied by Contractor ' s affidavit that all payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the City or its property might in any way be responsible, have been paid or otherwise satisfied. Final payment, constituting the entire unpaid balance of the Contract Sum, shall be paid by the City to the Contractor when the Work has been completed, the Contract fully performed, and the City accepts the Work in writing . The acceptance of final payment shall constitute a waiver of all claims by the Contractor except those previously made in writing and identified by the Contractor as unsettled at the time of Application for Final Payment . d. Income Tax Withholding . No final payment shall be made to the Contractor until the Contractor has provided satisfactory evidence to the City that the Contractor and each of its subcontracts has complied with the provisions of Minn. Stat. Section 290 . 92 relating to withholding of income taxes upon wages . A certificate by the Commissioner of Revenue shall satisfy this requirement. 5 . Standard of Care. Contractor shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Contractor shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries , loss, or damages proximately caused by Contractor' s breach of this standard of care . Contractor shall put forth reasonable efforts to complete its duties in a timely manner. Contractor shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Contract . Contractor shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties . Standard Construction Contract 2007 06 01 Page 2 of 13 6 . Project Manager and Staffing. The Contractor shall designated a Project Manager and notify the City in writing of the identity of the Project Manager before starting work on the Project. The Project Manager shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein . Contractor may not remove or replace the Project Manager without the approval of the City . 7 . Condition and Inspection . All goods and other materials furnished under this Contract shall be new and in current manufacture, unless otherwise specified, and all goods and work shall be of good quality, free from faults and defects and in conformance with this Contract. All goods and work not conforming to these requirements shall be considered defective . Goods shall be subject to inspection and testing by the City. Defective goods or goods not in current manufacture may be returned to the Contractor at the Contractor ' s expense . 8 . Correction of Work. The Contractor shall promptly correct all Work rejected by the City as defective or as failing to conform under this Contract whether observed before or after completion of the Work and whether or not fabricated, installed or completed . The Contractor shall bear all costs of correcting such rejected Work. 9 . Warranty . The Contractor expressly warrants and guarantees to the City that all Work performed and all materials furnished shall be in accord with the Contract and shall be free from defects in materials, workmanship, and operation which appear within a period of one year, or within such longer period as may be prescribed by law or in the terns of the Contract, from the date of City ' s written acceptance of the Work. The City ' s rights under the Contractor ' s warranty are not the City ' s exclusive remedy. The City shall have all other remedies available under this Contract, at law or in equity . Should any defects develop in the materials, workmanship or operation of the system within the specified period, upon notice from the City, the Contractor agrees, within ten ( 10) calendar days after receiving written notice and without expense to the City, to repair, replace and in general to perform all necessary corrective Work with regard to the defective or nonconforming Work or materials to the satisfaction of the City. THE FOREGOING SHALL NOT IN ANY MANNER LIMIT THE CITY ' S REMEDY OR THE CONTRACTOR' S LIABILITY TO THOSE DEFECTS APPEARING WITHIN THE WARRANTY PERIOD . The Contractor agrees to perform the Work in a manner and at a time so as to minimize any damages sustained by the City and so as to not interfere with or in any way disrupt the operation of the City or the public . The corrective Work referred to above shall include without limitation, (a) the cost of removing the defective or nonconforming Work and materials from the site, (b) the cost of correcting all Work of other Contractors destroyed or damaged by defective or nonconforming Work and materials including the cost of removal of such damaged Work and materials form the site, and (c) the cost of correcting all damages to Work of other Contractors caused by the removal of the defective or nonconforming Work or materials . The Contractor shall post bonds to secure the warranties . Standard Construction Contract 2007 06 01 Page 3 of 13 10 . Private Property. The Contractor shall not enter upon private property for any purpose without having previously obtained pei mission from the City. The Contractor shall be responsible for the preservation of, and shall use every precaution to prevent damage to all trees, shrubbery, plants, lawns, fences, culverts, bridges, pavements, driveways , sidewalks , etc . ; all water, sewer and gas lines ; all conduits ; all overhead pole lines or appurtenances thereof; and all other public or private property along or adjacent to the work. 11 . Removal of Construction Equipment, Tools and Supplies. At the termination of this Contract, before acceptance of the Work by the City, the Contractor shall remove all of Contractor ' s equipment, tools and supplies from the property of the City. Should the Contractor fail to remove such equipment, tools and supplies , the City shall have the right to remove them and deduct the cost of removal from any amount owed to Contractor. 12 . Suspension of Work by City. The City may at any time suspend the Work, or any part thereof, by giving ten ( 10) days' notice to the Contractor in writing. The work shall be resumed by the Contractor within ten ( 10) days after the date fixed in the written notice from the City to the Contractor to resume . If the City' s suspension of all or part of the Work causes additional expenses not due to the fault or negligence of the Contractor, the City shall reimburse the Contractor for the additional expense incurred due to suspension of the work . Claims for such compensation, with complete substantiating records, shall be filed with the City within ten ( 10) days after the date of order to resume Work in order to receive consideration. This paragraph shall not be construed as entitling the Contractor to compensation for delays due to inclement weather, failure to furnish additional surety or sureties specified herein, for suspension made at the request of the Contractor, or for any other delay provided for in this Contract. 13 . City ' s Right to Carry Out the Work. If the Contractor defaults or neglects to carry out the Work in accordance with the Contract or fails to perform any provisions of the Contract, the City may, after ten ( 10) days written notice to the Contractor and without prejudice to any other remedy the City may have, make good such deficiencies . In such case an appropriate Change Order shall be issued deducting from the payment then or thereafter due the Contractor the cost of correcting such deficiencies . If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the City. 14 . City ' s Right to Terminate Contract and Complete the Work The City has the right to terminate this Contract for any of the following reasons : a. The Contractor is adjudged bankrupt, makes a general assignment for the benefit of creditors, or becomes insolvent; b . Failure of Contractor to supply adequate properly skilled workmen or proper materials ; c . Failure of Contractor to make prompt payment to subcontractor for material or labor; d . Any disregard of laws , ordinances or proper instructions of the City; e . Assignment or work without permission of the City; Standard Construction Contract 2007 06 01 Page 4 of 13 f. Abandonment of the work by Contractor; g . Failure to meet the work progress schedule set forth in this Contract; h. Unnecessary delay which, in the judgment of the City, will result in the work not being completed in the prescribed time . Termination of the Contract shall be preceded by ten ( 10) days written notice by the City to the Contractor and its surety stating the grounds for termination and the measures, if any, which must be taken to assure compliance with the Contract. The Contract shall be terminated at the expiration of such ten ( 10) day period unless the City Council shall withdraw its notice of termination. Upon termination of the Contract by the City, the City may, without prejudice to any other remedy the City may have, take possession of the site and of all materials , equipment, tools, construction equipment and machinery thereon owned by the Contractor and may finish the Work by whatever methods the City may deem expedient at the Contractor ' s expense . Upon Contract termination, the Contractor shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the contract price exceeds the expense of finishing the Work, including compensation for additional managerial and administrative services, the excess shall be paid to the Contractor. If such expense exceeds the unpaid balance, the Contractor shall pay the difference to the City. In the event that the Contractor abandons the Work, fails or refuses to complete the Work or fails to pay just claims for labor or material, the City reserves the right to charge against the Contractor all legal, engineering, or other costs resulting from such abandonment, failure or refusal . Legal costs will include the City' s cost of prosecuting or defending any suit in connection with such abandonment, failure or refusal, and non-payment of claims wherein the City is made co-defendant, and the Contractor agrees to pay all costs, including reasonable attorney's fees . 15 . Contractor' s Right to Terminate Contract. The Contractor may terminate this Contract upon ten ( 10) days written notice to the City for any of the following reasons : a. If an order of any court or other public authority caused the Work to be stopped or suspended for a period of 90 days through no act or fault of the Contractor or its employees . b . If the City should fail to pay any undisputed sum owed Contractor within forty-five (45) days after the sum becomes due . 16 . Performance and Payment Bonds . The Contractor shall post a Performance and Payment Bond each in an amount equal to one hundred percent ( 100%) of the payments due Contractor to insure the prompt and faithful performance of this Contract by Contractor and to insure prompt payment to the subcontractor and suppliers of the Contractor. The Bonds Standard Construction Contract 2007 06 01 Page 5 of 13 shall be in a form approved by the City . Contractor shall provide the Bond to the City before commencing work and together with the executed contract document . If the Performance and/or Payment Bond are not submitted as provided herein, this Contract shall be considered void. [BONDS ARE REQUIRED FOR A CONSTRUCTION CONTRACT THAT IS $ 100 , 000 OR MORE ; THEY ARE OPTIONAL FOR ANY CONTRACT THAT IS LESS THAN $ 100 , 0001 17 . Subcontractor. The Contractor shall bind every subcontractor and every subcontractor shall agree to be bound by the terms of this Contract as far as applicable to its work, unless specifically noted to the contrary in a subcontract approved in writing as adequate by the City. The Contractor shall pay any subcontractor involved in the performance of this Contract within the ten ( 10) days of the Contractor' s receipt of payment by the City for undisputed services provided by the subcontractor. If the Contractor fails within that time to pay the subcontractor any undisputed amount for which the Contractor has received payment by the City, the Contractor shall pay interest to the subcontractor on the unpaid amount at the rate of 1 . 5 percent per month or any part of a month . The minimum monthly interest penalty payment for an unpaid balance of $ 100 or more is $ 10 . For an unpaid balance of less than $ 100 , the Contractor shall pay the actual interest penalty due to the subcontractor . A subcontractor who prevails in a civil action to collect interest penalties from the Contractor shall be awarded its costs and disbursements , including attorney' s fees, incurred in bringing the action. 18 . Responsible Contractor Contractor warrants under oath that Contractor is in compliance with the minimum criteria required of a "responsible contractor" as that term is defined in Minnesota Statutes § 16C . 285 , subd . 3 . Contractor has provided to City a list of all of its first-tier subcontractors and motor carriers that it intends to retain for work on the project . The Contractor has obtained from all subcontractors and motor carriers with which it will have a direct contractual relationship a signed statement under oath by an owner or officer verifying that the subcontractor or motor carrier meets all of the minimum criteria in § 16C . 285 , subd . 3 . If Contractor retains additional subcontractors or motor carriers on the project after submitting its verification of compliance, the Contractor shall obtain verification of compliance from each additional subcontractor and motor carrier with which it has a direct contractual relationship and shall submit to the City a supplemental verification confirming the subcontractor ' s and motor carrier ' s compliance with subdivision 3 , clause (7) , within 14 days of retaining the additional subcontractors or motor carriers . Contractor shall submit to the City upon request copies of the signed verifications of compliance from all subcontractors and motor carriers of any tier pursuant to Minn . Stat. § 16C . 285 , subd . 3 (7) . A false statement under oath, by Contractor, subcontractor, or motor carrier, verifying compliance with any of the minimum criteria may result in termination of the Contract . 19 . Independent Contractor. Contractor is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall Standard Construction Contract 2007 06 01 Page 6 of 13 deem necessary and appropriate for the performance of its obligations pursuant to this Contract, who shall be employees , and under the direction, of Contractor and in no respect employees of City, and (ii) shall have no authority to employ persons , or make purchases of equipment on behalf of City, or otherwise bind or obligate City . No statement herein shall be construed so as to find the Contractor an employee of the City. 20 . Insurance. a. General Liability . Prior to starting the Work, Contractor shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Contractor or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable . Such insurance shall include, but not be limited to , minimum coverages and limits of liability specified in this Paragraph, required by law, or the insurance coverage actually obtained by Contractor, whichever is greater. b . Contractor shall procure and maintain the following minimum insurance coverages and limits of liability for the Work : Worker ' s Compensation Statutory Limits Employer ' s Liability $ 500 , 000 each accident $ 500, 000 disease policy limit $ 500 , 000 disease each employee Commercial General $ 1 , 000 , 000 property damage and bodily Liability injury per occurrence $2 , 000 , 000 general aggregate $2 , 000 , 000 Products — Completed Operations Aggregate $ 100, 000 fire legal liability each occurrence $ 5 , 000 medical expense Comprehensive Automobile Liability $ 1 , 000 , 000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles . ) Umbrella or Excess Liability $ 1 , 000, 000 c . Commercial General Liability . The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13 , or the equivalent. Such insurance shall cover liability arising from premises , operations , independent contractors , products- completed operations , personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract) . There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors . Standard Construction Contract 2007 06 01 Page 7 of 13 d. Contractor shall maintain " stop gap " coverage if Contractor obtains Workers ' Compensation coverage from any state fund if Employer ' s liability coverage is not available . e . All policies, except the Worker ' s Compensation Policy, shall name the " City of Eden Prairie" as an additional insured. £ All policies , except Worker ' s Compensation Policy, and Professional Liability Policy, shall name the " City of Eden Prairie" as an additional insured including products and completed operations . g . All polices shall contain a waiver of subrogation in favor of the City. h . All General Liability policies, Automobile Liability policies , and Umbrella policies shall contain a waiver of subrogation in favor of the City. i . All polices, except the Worker ' s Compensation Policy, shall insure the defense and indemnity obligations assumed by Contractor under this Contract . j . Contractor agrees to maintain all coverage required herein throughout the term of the Contract and for a minimum of two (2) years following City ' s written acceptance of the Work. k. It shall be Contractor ' s responsibility to pay any retention or deductible for the coverage ' s required herein . 1 . All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days ' prior notice to the City, except that if the cancellation or non-renewal is due to non-payment, the coverages may not be terminated or non- renewed without ten ( 10) days ' prior notice to the City. m . Contractor shall maintain in effect all insurance coverages required under this Paragraph at Contractor ' s sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A. M. Best rating of no less than A-, unless specifically accepted by City in writing. n. A copy of the Contractor' s Certificate of Insurance which evidences the compliance with this Paragraph , must be filed with City prior to the start of Contractor' s Work. Upon request a copy of the Contractor ' s insurance declaration page, Rider and/or Endorsement, as applicable shall be provided . Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Contractor has complied with all insurance requirements . Renewal certificates shall be provided to City prior to the expiration date of any of the required policies . City will not be obligated, however, to review such Certificate Standard Construction Contract 2007 06 01 Page 8 of 13 of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Contractor of any deficiencies in such documents and receipt thereof shall not relieve Contractor from, nor be deemed a waiver of, City ' s right to enforce the terms of Contractor ' s obligations hereunder. City reserves the right to examine any policy provided for under this paragraph . o . Effect of Contractor ' s Failure to Provide Insurance . If Contractor fails to provide the specified insurance, then Contractor will defend, indemnify and hold harmless the City, the City' s officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance . Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i . e . , the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Contractor, its subcontractors, agents, employees or delegates . Contractor agrees that this indemnity shall be construed and applied in favor of indemnification. Contractor also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Contractor to : i . Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii . Furnish a written acceptance of tender of defense and indemnity from Contractor' s insurance company. Contractor will take the action required by the City within fifteen ( 15 ) days of receiving notice from the City. 21 . Indemnification . Contractor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages , costs and expenses, including a reasonable amount as and for its attorney ' s fees paid, incurred or for which it may be liable resulting from any breach of this Contract by Contractor, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Contractor, its agents, contractors and employees, relative to this Contract. City will indemnify and hold Contractor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees . 22 . Ownership of Documents. All plans, diagrams , analyses, reports and information generated in connection with the performance of the Contract ("Information") shall become the property of the City, but Contractor may retain copies of such documents as records of the Standard Construction Contract 2007 06 01 Page 9 of 13 services provided. The City may use the Information for its purposes and the Contractor also may use the Information for its purposes . Use of the Information for the purposes of the project contemplated by this Contract does not relieve any liability on the part of the Contractor, but any use of the Information by the City or the Contractor beyond the scope of this Contract is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom . 23 . 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 GENERAL TERMS AND CONDITIONS 24 . Assignment. Neither party shall assign this Contract, nor any interest arising herein, without the written consent of the other party . 25 . Compliance with Laws and Regulations. In providing services hereunder, the Contractor shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided . Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Contract and entitle the City to immediately terminate this Contract. 26 . Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Contract. The violation of this provision renders the Contract void . 27 . Counterparts. This Contract may be executed in multiple counterparts, each of which shall be considered an original . 28 . Damages . In the event of a breach of this Contract by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business . 29 . Employees . Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to Standard Construction Contract 2007 06 01 Page 10 of 13 termination of this Contract and for one ( 1 ) year thereafter, without prior written consent of the former employer in each case . 30 . Enforcement. The Contractor shall reimburse the City for all costs and expenses , including without limitation, attorneys ' fees paid or incurred by the City in connection with the enforcement by the City during the teitu of this Contract or thereafter of any of the rights or remedies of the City under this Contract. 31 . Entire Contract, Construction, Application and Interpretation. This Contract is in furtherance of the City ' s public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City' s public purpose mission. The entire agreement of the parties is contained herein. This Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof Any alterations , amendments, deletions , or waivers of the provisions of this Contract shall be valid only when expressed in writing and duly signed by the parties , unless otherwise provided herein. 32 . Governing Law. This Contract shall be controlled by the laws of the State of Minnesota. 33 . Non-Discrimination. During the performance of this Contract, the Contractor 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 Contractor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non- discrimination clause and stating that all qualified applicants will receive consideration for employment. The Contractor shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work . The Contractor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363 . 01 , et . seq. , Title VI of the Civil Rights Act of 1964 , and the Americans with Disabilities Act of 1990 . 34 . Notice . Any notice required or permitted to be given by a party upon the other is given in accordance with this Contract if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit . A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change . Standard Construction Contract 2007 06 01 Page 11 of 13 35 . Rights and Remedies . The duties and obligations imposed by this Contract and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations , rights and remedies otherwise imposed or available by law. 36 . Services Not Provided For. No claim for services furnished by the Contractor not specifically provided for herein shall be honored by the City . 37 . Severability. The provisions of this Contract are severable . If any portion hereof is , for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Contract . 38 . Statutory Provisions . a. Audit Disclosure . The books, records, documents and accounting procedures and practices of the Contractor or other parties relevant to this Contract are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Contract . b . Data Practices . Any reports , information, or data in any form given to, or prepared or assembled by the Contractor under this Contract which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval . This Contract is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act) . All government data, as defined in the Data Practices Act Section 13 . 02 , Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Contractor in performing any of the functions of the City during performance of this Contract is subject to the requirements of the Data Practice Act and Contractor shall comply with those requirements as if it were a government entity . All subcontracts entered into by Contractor in relation to this Contract shall contain similar Data Practices Act compliance language . 39 . Waiver. Any waiver by either party of a breach of any provisions of this Contract shall not affect, in any respect, the validity of the remainder of this Contract . Executed as of the day and year first written above . CITY OF EDEN PRAIRIE Standard Construction Contract 2007 06 01 Page 12 of 13 Mayor City Manager CONTRACTOR By : Its : Standard Construction Contract 2007 06 01 Page 13 of 13 Exhibit A To furnish and supply labor and materials for the removal and replacement of retaining wall in Southeast side of water treatment underground tank Remove existing fence and retaining wall, approx. 420 sq ft, and replace with Versalok Square foot block, class 5 leveling pad , drainage rock, draintile, engineering. Reinstall salvaged fence, restoration of landscape rock and seed and blanket turf areas . CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar August 8, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 17-5971 ITEM NO.: Public Works Award Contract for Improvements to Stormwater VIII.N. Robert Ellis Wetland 05-12-C to Aquatic Restoration Services, LLC Requested Action Move to: Award Contract for Improvement s to Stormwater Wetland 05-12-C to Aquatic Restoration Service, LLC in the Amount of$85,115.00. Synopsis Quotes were received Thursday, July 27, 2017 for this project. One quote was submitted in the amount of$85,115.00 from Aquatic Restoration Service, LLC. Background Information The scope of the project is to remove accumulated sediment from stormwater wetland 05-12-C. Over the course of time this stormwater facility has lost a significant amount of its treatment ability due to accumulated sediment from surrounding development. This project will return the stormwater facility to its original design capacity. The project will take approximately a month to complete. The funding for this project will come from the Stormwater Enterprise Fund. The contractor will be utilizing a boat dredge and sediment dewatering system. This type of system is being employed due to the City's and Town Home Association's desire to save existing trees, minimally impact the adjacent townhome association from construction activities, reduce landfilled material through dewatering, and reduce the amount of disturbed area. This will be the first attempt by the City of Eden Prairie at a boat mounted vacuum dredge system with dewatering sediment bags. Aquatic Restoration Service, LLC is the only company we have identified that employs this type of system to remove sediment from smaller stormwater facilities. Other contractors utilize traditional tracked and tired heavy equipment systems to execute this task. Attachment Form of Contract SECTION 00520 FORM OF CONTRACT 46" THIS AGREEMENT, made and executed this 4 7 day of .-7� + 20 , by and between City of Eden Prairie hereinafter referred to as the " CITY" , and n � v <.,:kc Cce v tCc. ,5 hereinafter referred to as the " CONTRACTOR " , WITNESSETH : CITY AND CONTRACTOR, for the consideration hereinafter stated, agree 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 CITYfor: I . C . 16-5954 Improvements to Stormwater Wetland 05 -12 -C 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 $ S j k nn . 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 . Notice to Contractors b . Instructions to Contractors c. Proposal Form d . Construction Short Form Agreement e . Contractor's Performance Bond f. Contractor's Payment Bond g. Responsible Bidder Verification ( 2 ) Special Conditions (3 ) Detail Specifications (4) General Conditions FC- I Form of Contract (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 substantially complete the work contemplated by this Agreement within 45 calendar days of the accepted notice to proceed issued by the Engineer or by July 1, 2018, whichever comes first . VI . Should the CONTRACTOR fail to complete work on or before the dates set for completion or by the dates set by extension of time for completion , the OWNER may permit the CONTRACTOR to proceed, and in such case there shall be deducted from the money due or coming due to the contractor, an amount of $ 500 per day . VII . This Agreement shall be executed in two ( 2 ) copies . IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands and seals as of the date first above written . In Presence Of: CITY OF EDEN PRAIRIE, MN . By Its City Mayor And Its City Manager CONTRACTOR In Presence Of: AVG). L ads (" i -6N-SPx•V1C ! 2LL-Co atri-MvNiK `N • ` ` + By co JO (a ,0-J Title And (a '- O uJY\ijC Title FC-2 Form of Contract CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar August 8, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 16-5961 ITEM NO.: Randy Newton Award Contract for the Valley View Road VIII.O. Public Works/Engineering Trail Extension Project Requested Action Move to: Award contract for the Valley View Road Trail Extension Project to Peterson Companies, Inc. in the amount of$247,880.00. Synopsis Sealed bids were received Tuesday, August 1, 2017 for this project. Nine bids were received with the lowest bid in the amount of$247,880.00 from Peterson Companies. Background Information The Valley View Road trail improvements include the construction of new trail facility on the south side of Valley View Road between 9977 Valley View Road and Washington Avenue South. The project will take approximately two months to construct and has a substantial completion date of October 16, 2017. The funding for this trail project comes from the Capital Improvement Program, Capital Maintenance and Reinvestment. The City has received a $100,000 cost participation grant from Hennepin County for construction of the trail. Bid Summary and Recommendation Nine bids for the project were received ranging from $247,880 to $432,724. Each of the bidders met the guidelines as detailed in the bid specifications document. The top three bidders are summarized as follows: Peterson Companies, Inc. $247,880.00 Barber Construction, Inc. $257,310.00 Rachel Contracting, Inc. $259,316.00 The engineers estimate for this trail construction project was $241,225. Staff recommends the contract be awarded to Peterson Companies. Attachment Form of Contract SHORT FORM CONSTRUCTION CONTRACT THIS AGREEMENT, made and executed this 8 day of August 20 17 , by and between City of Eden Prairie hereinafter referred to as the "CITY", and Peterson Companies, 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. 16-5961 Valley View Road Trail Extension 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 $ 247,880.00 . 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. Proposal Form c. Construction Short Form 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. In Presence Of: CITY OF EDEN PRAIRIE By Its City Mayor By Its City Manager CONTRACTOR In Presence Of: By Its Its CITY COUNCIL AGENDA DATE SECTION: Consent Calendar August 8, 2017 DEPARTMENT/DIVISION ITEM DESCRIPTION ITEM NO. Administration Remodel Fire Station 1 Offices VIII.P. Paul Sticha/Facilities Requested Action Move to: Award Contract for Remodeling Fire Station 1 Offices to RJ Marco Construction. Synopsis RJ Marco $42,216.00 Integrity Remodeling $43,913.61 Diversified Construction Declined to Quote Background • Plans and Specifications were developed by Welsh Architecture. • Plans and Specs were sent to 3 qualified construction contractors. • The day the quotes were due, Diversified called and said they could not submit a quote because of their busy schedule. Attachments • Standard City Construction Contract with RJ Marco • Exhibit A, Scope of Work from RJ Marco 2017 06 01 Construction Contract This Contract ("Contract") is made on the 8th day of August, 2017, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and RJ Marco Construction, a Minnesota Corporation (hereinafter "Contractor") whose business address is 75 West Viking Drive, Suite 104, Little Canada, MN 55117. Preliminary Statement The City has adopted a policy regarding the selection and hiring of contractors to provide a variety of services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Contract is to set forth the terms and conditions for the provision of services by Contractor for Remodeling Fire Station 1 Offices, hereinafter referred to as the "Work". The City and Contractor agree as follows: 1. Scope of Work/Proposal. The Contractor agrees to provide, perform and complete all the provisions of the Work in accordance with attached Exhibit A. Any general or specific conditions, terms, agreements, contractor or industry proposal, or contract terms attached to or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any manner. 2. Time of Commencement and Completion. The Work to be performed under this Contract shall be commenced immediately after execution of this Contract. The Work shall be completed by December 31, 2017. 3. Compensation for Services. City agrees to pay the Contractor a fixed sum of $42,216.00 as full and complete payment for the labor, materials and services rendered pursuant to this Contract and as described in Exhibit A. a. Any changes in the scope of the work which may result in an increase to the compensation due the Contractor shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. b. If Contractor is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay. 4. Method of Payment. The Contractor shall submit to the City, on a monthly basis, an itemized invoice for services performed under this Contract. Invoices submitted shall be paid in the same manner as other claims made to the City. a. Invoices. Contractor shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Contractor shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City's project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract. Each invoice shall be accompanied by general lien waiver and further lien waivers from all subcontractors on the project waiving liens for work for which payment was requested by Contractor and paid for by City on the preceding invoice. b. Claims. To receive any payment on this Contract, pursuant to Minn. Stat. 471.38, the invoice or bill must include the following signed and dated statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." c. Final Payment. Contractor's request for final payment shall be accompanied by Contractor's affidavit that all payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the City or its property might in any way be responsible, have been paid or otherwise satisfied. Final payment, constituting the entire unpaid balance of the Contract Sum, shall be paid by the City to the Contractor when the Work has been completed, the Contract fully performed, and the City accepts the Work in writing. The acceptance of final payment shall constitute a waiver of all claims by the Contractor except those previously made in writing and identified by the Contractor as unsettled at the time of Application for Final Payment. d. Income Tax Withholding. No final payment shall be made to the Contractor until the Contractor has provided satisfactory evidence to the City that the Contractor and each of its subcontracts has complied with the provisions of Minn. Stat. Section 290.92 relating to withholding of income taxes upon wages. A certificate by the Commissioner of Revenue shall satisfy this requirement. 5. Standard of Care. Contractor shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Contractor shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Contractor's breach of this standard of care. Contractor shall put forth reasonable efforts to Standard Construction Contract 2007 06 01 Page 2 of 13 complete its duties in a timely manner. Contractor shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Contract. Contractor shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 6. Project Manager and Staffing. The Contractor shall designated a Project Manager and notify the City in writing of the identity of the Project Manager before starting work on the Project. The Project Manager shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Contractor may not remove or replace the Project Manager without the approval of the City. 7. Condition and Inspection. All goods and other materials furnished under this Contract shall be new and in current manufacture, unless otherwise specified, and all goods and work shall be of good quality, free from faults and defects and in conformance with this Contract. All goods and work not conforming to these requirements shall be considered defective. Goods shall be subject to inspection and testing by the City. Defective goods or goods not in current manufacture may be returned to the Contractor at the Contractor's expense. 8. Correction of Work. The Contractor shall promptly correct all Work rejected by the City as defective or as failing to conform under this Contract whether observed before or after completion of the Work and whether or not fabricated, installed or completed. The Contractor shall bear all costs of correcting such rejected Work. 9. Warranty. The Contractor expressly warrants and guarantees to the City that all Work performed and all materials furnished shall be in accord with the Contract and shall be free from defects in materials, workmanship, and operation which appear within a period of one year, or within such longer period as may be prescribed by law or in the terms of the Contract, from the date of City's written acceptance of the Work. The City's rights under the Contractor's warranty are not the City's exclusive remedy. The City shall have all other remedies available under this Contract, at law or in equity. Should any defects develop in the materials, workmanship or operation of the system within the specified period, upon notice from the City, the Contractor agrees, within ten (10) calendar days after receiving written notice and without expense to the City, to repair, replace and in general to perform all necessary corrective Work with regard to the defective or nonconforming Work or materials to the satisfaction of the City. THE FOREGOING SHALL NOT IN ANY MANNER LIMIT THE CITY'S REMEDY OR THE CONTRACTOR'S LIABILITY TO THOSE DEFECTS APPEARING WITHIN THE WARRANTY PERIOD. The Contractor agrees to perform the Work in a manner and at a time so as to minimize any damages sustained by the City and so as to not interfere with or in any way disrupt the operation of the City or the public. Standard Construction Contract 2007 06 01 Page 3 of 13 The corrective Work referred to above shall include without limitation, (a) the cost of removing the defective or nonconforming Work and materials from the site, (b) the cost of correcting all Work of other Contractors destroyed or damaged by defective or nonconforming Work and materials including the cost of removal of such damaged Work and materials form the site, and (c) the cost of correcting all damages to Work of other Contractors caused by the removal of the defective or nonconforming Work or materials. The Contractor shall post bonds to secure the warranties. 10.Private Property. The Contractor shall not enter upon private property for any purpose without having previously obtained permission from the City. The Contractor shall be responsible for the preservation of, and shall use every precaution to prevent damage to all trees, shrubbery, plants, lawns, fences, culverts, bridges, pavements, driveways, sidewalks, etc.; all water, sewer and gas lines; all conduits; all overhead pole lines or appurtenances thereof; and all other public or private property along or adjacent to the work. 11.Removal of Construction Equipment, Tools and Supplies. At the termination of this Contract, before acceptance of the Work by the City, the Contractor shall remove all of Contractor's equipment, tools and supplies from the property of the City. Should the Contractor fail to remove such equipment, tools and supplies, the City shall have the right to remove them and deduct the cost of removal from any amount owed to Contractor. 12.Suspension of Work by City. The City may at any time suspend the Work, or any part thereof, by giving ten (10) days' notice to the Contractor in writing. The work shall be resumed by the Contractor within ten (10) days after the date fixed in the written notice from the City to the Contractor to resume. If the City's suspension of all or part of the Work causes additional expenses not due to the fault or negligence of the Contractor, the City shall reimburse the Contractor for the additional expense incurred due to suspension of the work. Claims for such compensation, with complete substantiating records, shall be filed with the City within ten (10) days after the date of order to resume Work in order to receive consideration. This paragraph shall not be construed as entitling the Contractor to compensation for delays due to inclement weather, failure to furnish additional surety or sureties specified herein, for suspension made at the request of the Contractor, or for any other delay provided for in this Contract. 13.City's Right to Carry Out the Work. If the Contractor defaults or neglects to carry out the Work in accordance with the Contract or fails to perform any provisions of the Contract, the City may, after ten (10) days written notice to the Contractor and without prejudice to any other remedy the City may have, make good such deficiencies. In such case an appropriate Change Order shall be issued deducting from the payment then or thereafter due the Contractor the cost of correcting such Standard Construction Contract 2007 06 01 Page 4 of 13 deficiencies. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the City. 14.City's Right to Terminate Contract and Complete the Work. The City has the right to terminate this Contract for any of the following reasons: a. The Contractor is adjudged bankrupt, makes a general assignment for the benefit of creditors, or becomes insolvent; b. Failure of Contractor to supply adequate properly skilled workmen or proper materials; c. Failure of Contractor to make prompt payment to subcontractor for material or labor; d. Any disregard of laws, ordinances or proper instructions of the City; e. Assignment or work without permission of the City; f. Abandonment of the work by Contractor; g. Failure to meet the work progress schedule set forth in this Contract; h. Unnecessary delay which, in the judgment of the City, will result in the work not being completed in the prescribed time. Termination of the Contract shall be preceded by ten (10) days written notice by the City to the Contractor and its surety stating the grounds for termination and the measures, if any, which must be taken to assure compliance with the Contract. The Contract shall be terminated at the expiration of such ten (10) day period unless the City Council shall withdraw its notice of termination. Upon termination of the Contract by the City, the City may, without prejudice to any other remedy the City may have, take possession of the site and of all materials, equipment, tools, construction equipment and machinery thereon owned by the Contractor and may finish the Work by whatever methods the City may deem expedient at the Contractor's expense. Upon Contract termination, the Contractor shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the contract price exceeds the expense of finishing the Work, including compensation for additional managerial and administrative services, the excess shall be paid to the Contractor. If such expense exceeds the unpaid balance, the Contractor shall pay the difference to the City. In the event that the Contractor abandons the Work, fails or refuses to complete the Work or fails to pay just claims for labor or material, the City reserves the right to Standard Construction Contract 2007 06 01 Page 5 of 13 charge against the Contractor all legal, engineering, or other costs resulting from such abandonment, failure or refusal. Legal costs will include the City's cost of prosecuting or defending any suit in connection with such abandonment, failure or refusal, and non-payment of claims wherein the City is made co-defendant, and the Contractor agrees to pay all costs, including reasonable attorney's fees. 15.Contractor's Right to Terminate Contract. The Contractor may terminate this Contract upon ten (10) days written notice to the City for any of the following reasons: a. If an order of any court or other public authority caused the Work to be stopped or suspended for a period of 90 days through no act or fault of the Contractor or its employees. b. If the City should fail to pay any undisputed sum owed Contractor within forty- five (45) days after the sum becomes due. 16.Performance and Payment Bonds. Not Applicable 17.Subcontractor. The Contractor shall bind every subcontractor and every subcontractor shall agree to be bound by the terms of this Contract as far as applicable to its work, unless specifically noted to the contrary in a subcontract approved in writing as adequate by the City. The Contractor shall pay any subcontractor involved in the performance of this Contract within the ten (10) days of the Contractor's receipt of payment by the City for undisputed services provided by the subcontractor. If the Contractor fails within that time to pay the subcontractor any undisputed amount for which the Contractor has received payment by the City, the Contractor shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Contractor shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Contractor shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 18.Responsible Contractor Contractor warrants under oath that Contractor is in compliance with the minimum criteria required of a "responsible contractor" as that term is defined in Minnesota Statutes § 16C.285, subd. 3. Contractor has provided to City a list of all of its first- tier subcontractors and motor carriers that it intends to retain for work on the project. The Contractor has obtained from all subcontractors and motor carriers with which it will have a direct contractual relationship a signed statement under oath by an owner or officer verifying that the subcontractor or motor carrier meets all of the minimum criteria in § 16C.285, subd. 3. If Contractor retains additional subcontractors or motor carriers on the project after submitting its verification of compliance, the Contractor shall obtain verification of compliance from each additional subcontractor and motor carrier with which it has a direct contractual relationship and shall submit to the City a supplemental verification confirming the subcontractor's and motor Standard Construction Contract 2007 06 01 Page 6 of 13 carrier's compliance with subdivision 3, clause (7), within 14 days of retaining the additional subcontractors or motor carriers. Contractor shall submit to the City upon request copies of the signed verifications of compliance from all subcontractors and motor carriers of any tier pursuant to Minn. Stat. § 16C.285, subd. 3(7). A false statement under oath, by Contractor, subcontractor, or motor carrier, verifying compliance with any of the minimum criteria may result in termination of the Contract. 19.Independent Contractor. Contractor is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Contract, who shall be employees, and under the direction, of Contractor and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Contractor an employee of the City. 20.Insurance. a. General Liability. Prior to starting the Work, Contractor shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Contractor or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, required by law, or the insurance coverage actually obtained by Contractor, whichever is greater. b. Contractor shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker's Compensation Statutory Limits Employer's Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General $1,000,000 property damage and bodily Liability 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 Standard Construction Contract 2007 06 01 Page 7 of 13 Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. d. Contractor shall maintain "stop gap" coverage if Contractor obtains Workers' Compensation coverage from any state fund if Employer's liability coverage is not available. e. All policies, except the Worker's Compensation Policy, shall name the "City of Eden Prairie" as an additional insured. f. All policies, except Worker's Compensation Policy, and Professional Liability Policy, shall name the "City of Eden Prairie" as an additional insured including products and completed operations. g. All polices shall contain a waiver of subrogation in favor of the City. h. All General Liability policies, Automobile Liability policies, and Umbrella policies shall contain a waiver of subrogation in favor of the City. i. All polices, except the Worker's Compensation Policy, shall insure the defense and indemnity obligations assumed by Contractor under this Contract. j. Contractor agrees to maintain all coverage required herein throughout the term of the Contract and for a minimum of two (2) years following City's written acceptance of the Work. k. It shall be Contractor's responsibility to pay any retention or deductible for the coverage's required herein. I. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days' prior notice to the City, except that if the Standard Construction Contract 2007 06 01 Page 8 of 13 cancellation or non-renewal is due to non-payment, the coverages may not be terminated or non-renewed without ten (10) days' prior notice to the City. m. Contractor shall maintain in effect all insurance coverages required under this Paragraph at Contractor's sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. n. A copy of the Contractor's Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Contractor's Work. Upon request a copy of the Contractor's insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Contractor has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Contractor of any deficiencies in such documents and receipt thereof shall not relieve Contractor from, nor be deemed a waiver of, City's right to enforce the terms of Contractor's obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. o. Effect of Contractor's Failure to Provide Insurance. If Contractor fails to provide the specified insurance, then Contractor will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Contractor, its subcontractors, agents, employees or delegates. Contractor agrees that this indemnity shall be construed and applied in favor of indemnification. Contractor also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Contractor to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or Standard Construction Contract 2007 06 01 Page 9 of 13 ii. Furnish a written acceptance of tender of defense and indemnity from Contractor's insurance company. Contractor will take the action required by the City within fifteen (15) days of receiving notice from the City. 21.Indemnification. Contractor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney's fees paid, incurred or for which it may be liable resulting from any breach of this Contract by Contractor, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Contractor, its agents, contractors and employees, relative to this Contract. City will indemnify and hold Contractor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 22.Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Contract ("Information") shall become the property of the City, but Contractor may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Contractor also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Contract does not relieve any liability on the part of the Contractor, but any use of the Information by the City or the Contractor beyond the scope of this Contract is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 23.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. GENERAL TERMS AND CONDITIONS Standard Construction Contract 2007 06 01 Page 10 of 13 24. Assignment. Neither party shall assign this Contract, nor any interest arising herein, without the written consent of the other party. 25. Compliance with Laws and Regulations. In providing services hereunder, the Contractor shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Contract and entitle the City to immediately terminate this Contract. 26. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Contract. The violation of this provision renders the Contract void. 27. Counterparts. This Contract may be executed in multiple counterparts, each of which shall be considered an original. 28. Damages. In the event of a breach of this Contract by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 29. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to termination of this Contract and for one (1) year thereafter, without prior written consent of the former employer in each case. 30. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Contract or thereafter of any of the rights or remedies of the City under this Contract. 31. Entire Contract, Construction, Application and Interpretation. This Contract is in furtherance of the City's public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 32. Governing Law. This Contract shall be controlled by the laws of the State of Minnesota. Standard Construction Contract 2007 06 01 Page 11 of 13 33. Non-Discrimination. During the performance of this Contract, the Contractor 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 Contractor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Contractor shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Contractor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 34. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Contract if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 35. Rights and Remedies. The duties and obligations imposed by this Contract and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 36. Services Not Provided For. No claim for services furnished by the Contractor not specifically provided for herein shall be honored by the City. 37. Severability. The provisions of this Contract are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Contract. 38. Statutory Provisions. a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the Contractor or other parties relevant to this Contract are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Contract. Standard Construction Contract 2007 06 01 Page 12 of 13 b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Contractor under this Contract which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. This Contract is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Contractor in performing any of the functions of the City during performance of this Contract is subject to the requirements of the Data Practice Act and Contractor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Contractor in relation to this Contract shall contain similar Data Practices Act compliance language. 39. Waiver. Any waiver by either party of a breach of any provisions of this Contract shall not affect, in any respect, the validity of the remainder of this Contract. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Nancy Tyra-Lukens, Its Mayor Rick Getschow, Its City Manager RJ MARCO CONSTRUCTION Reginald A. Plowman, Its President Standard Construction Contract 2007 06 01 Page 13 of 13 Exhibit A • d ' }' CONSTRUCTION , INC . TO : City of Eden Prairie 7/14/2017 8080 Mitchell Rd Eden Prairie, MN 55344 ATTN : Paul Sticha RE : City of Eden Prairie Tenant Improvements for Eden Prairie Fire Dept, 15150 Technology Drive Eden Prairie , MN 55344 PROPOSAL The following proposal for construction services at the above location is based on plans drawn by Welsh Architecture dated 6/7/ 17 . The total cost for tenant improvements at he Eden Prairie Fire Department is $42 ,216 . 00 . IN Bid assumes : Work to be performed during normal business hours Bid does not include : - Building permit, except for state surcharge Signage Furniture If you have any questions or concerns, please call at your earliest convenience . S ' - rely, Jes e Hill , Project Manager RJ Marco Construction Inc. 75 W. Viking Drive Suite 104 a Little Canada , Minnesota 55117 • Phone ( 651 ) 484 - 5635 • Fax (651 ) 484 - 5701 CITY COUNCIL AGENDA DATE SECTION: Consent Calendar August 8, 2017 DEPARTMENT/DIVISION ITEM DESCRIPTION ITEM NO. Administration Recarpet Police and Administration in City VIII.Q. Paul Sticha/Facilities Hall Requested Action Move to: Award contract for recarpeting Police and Administration in City Hall to LaVan Floor Covering. Synopsis LaVan Floor Covering $156,400.00 Mars Carpet Declined to bid St. Paul Linoleum and Carpet Declined to bid Contractor Connection, Georgia Declined to bid Contractor Connection, California Declined to bid Background • Plans and Specifications were developed by Baker Associates. • Ad for bids was placed in Eden Prairie News, July 6, 2017. • Plans and Specs were sent to 5 potential bidders. • St. Paul Linoleum called and said their schedule was too busy to submit a bid. • Mars Carpet called and said they could not meet the bid due date because of their busy schedule and asked if they could submit a bid after the due date. • Contractor Connection in California and Georgia did not submit bids or correspond further after they requesting the bid package. Attachments • Standard City Construction Contract with LaVan Flooring • Exhibit A, Scope of Work from LaVan Flooring • Bid Bond from LaVan Flooring • Responsible Contractor Verification form from LaVan Flooring 2017 06 01 Construction Contract This Contract ("Contract") is made on the 8th day of August, 2017, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and LaVan Floor Covering Company, a Minnesota Corporation (hereinafter "Contractor") whose business address is 1203 Cliff Road East, Burnsville, MN 55337. Preliminary Statement The City has adopted a policy regarding the selection and hiring of contractors to provide a variety of services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Contract is to set forth the terms and conditions for the provision of services by Contractor for Recarpeting Police and Administration in City Hall, hereinafter referred to as the "Work". The City and Contractor agree as follows: 1. Scope of Work/ProposaL The Contractor agrees to provide, perform and complete all the provisions of the Work in accordance with attached Exhibit A. Any general or specific conditions, terms, agreements, contractor or industry proposal, or contract terms attached to or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any manner. 2. Time of Commencement and Completion. The Work to be performed under this Contract shall be commenced immediately after execution of this Contract. The Work shall be completed by December 31, 2017. 3. Compensation for Services. City agrees to pay the Contractor a fixed sum of$156,400.00 as full and complete payment for the labor, materials and services rendered pursuant to this Contract and as described in Exhibit A. a. Any changes in the scope of the work which may result in an increase to the compensation due the Contractor shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. b. If Contractor is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay. 4. Method of Payment. The Contractor shall submit to the City, on a monthly basis, an itemized invoice for services performed under this Contract. Invoices submitted shall be paid in the same manner as other claims made to the City. a. Invoices. Contractor shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Contractor shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City's project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract. Each invoice shall be accompanied by general lien waiver and further lien waivers from all subcontractors on the project waiving liens for work for which payment was requested by Contractor and paid for by City on the preceding invoice. b. Claims. To receive any payment on this Contract, pursuant to Minn. Stat. 471.38, the invoice or bill must include the following signed and dated statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." c. Final Payment. Contractor's request for final payment shall be accompanied by Contractor's affidavit that all payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the City or its property might in any way be responsible, have been paid or otherwise satisfied. Final payment, constituting the entire unpaid balance of the Contract Sum, shall be paid by the City to the Contractor when the Work has been completed, the Contract fully performed, and the City accepts the Work in writing. The acceptance of final payment shall constitute a waiver of all claims by the Contractor except those previously made in writing and identified by the Contractor as unsettled at the time of Application for Final Payment. d. Income Tax Withholding. No final payment shall be made to the Contractor until the Contractor has provided satisfactory evidence to the City that the Contractor and each of its subcontracts has complied with the provisions of Minn. Stat. Section 290.92 relating to withholding of income taxes upon wages. A certificate by the Commissioner of Revenue shall satisfy this requirement. 5. Standard of Care. Contractor shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Contractor shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Contractor's breach of this standard of care. Contractor shall put forth reasonable efforts to complete its duties in a timely manner. Contractor shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Contract. Contractor shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 6. Project Manager and Staffing. The Contractor shall designated a Project Manager and notify the City in writing of the identity of the Project Manager before starting work on the Project. The Project Manager shall be assisted by other staff members as necessary to facilitate the Standard Construction Contract 2007 06 01 Page 2 of 12 completion of the Work in accordance with the terms established herein. Contractor may not remove or replace the Project Manager without the approval of the City. 7. Condition and Inspection. All goods and other materials furnished under this Contract shall be new and in current manufacture, unless otherwise specified, and all goods and work shall be of good quality, free from faults and defects and in conformance with this Contract. All goods and work not conforming to these requirements shall be considered defective. Goods shall be subject to inspection and testing by the City. Defective goods or goods not in current manufacture may be returned to the Contractor at the Contractor's expense. 8. Correction of Work. The Contractor shall promptly correct all Work rejected by the City as defective or as failing to conform under this Contract whether observed before or after completion of the Work and whether or not fabricated, installed or completed. The Contractor shall bear all costs of correcting such rejected Work. 9. Warranty. The Contractor expressly warrants and guarantees to the City that all Work performed and all materials furnished shall be in accord with the Contract and shall be free from defects in materials, workmanship, and operation which appear within a period of one year, or within such longer period as may be prescribed by law or in the terms of the Contract, from the date of City's written acceptance of the Work. The City's rights under the Contractor's warranty are not the City's exclusive remedy. The City shall have all other remedies available under this Contract, at law or in equity. Should any defects develop in the materials, workmanship or operation of the system within the specified period, upon notice from the City, the Contractor agrees, within ten (10) calendar days after receiving written notice and without expense to the City, to repair, replace and in general to perform all necessary corrective Work with regard to the defective or nonconforming Work or materials to the satisfaction of the City. THE FOREGOING SHALL NOT IN ANY MANNER LIMIT THE CITY'S REMEDY OR THE CONTRACTOR'S LIABILITY TO THOSE DEFECTS APPEARING WITHIN THE WARRANTY PERIOD. The Contractor agrees to perform the Work in a manner and at a time so as to minimize any damages sustained by the City and so as to not interfere with or in any way disrupt the operation of the City or the public. The corrective Work referred to above shall include without limitation, (a) the cost of removing the defective or nonconforming Work and materials from the site, (b) the cost of correcting all Work of other Contractors destroyed or damaged by defective or nonconforming Work and materials including the cost of removal of such damaged Work and materials form the site, and (c) the cost of correcting all damages to Work of other Contractors caused by the removal of the defective or nonconforming Work or materials. The Contractor shall post bonds to secure the warranties. 10. Private Property. The Contractor shall not enter upon private property for any purpose without having previously obtained permission from the City. The Contractor shall be responsible for the preservation of, and shall use every precaution to prevent damage to all trees, shrubbery, plants, lawns, fences, culverts, bridges, pavements, driveways, sidewalks, etc.; all water, sewer and gas Standard Construction Contract 2007 06 01 Page 3 of 12 lines; all conduits; all overhead pole lines or appurtenances thereof; and all other public or private property along or adjacent to the work. 11. Removal of Construction Equipment, Tools and Supplies. At the termination of this Contract, before acceptance of the Work by the City, the Contractor shall remove all of Contractor's equipment, tools and supplies from the property of the City. Should the Contractor fail to remove such equipment, tools and supplies, the City shall have the right to remove them and deduct the cost of removal from any amount owed to Contractor. 12. Suspension of Work by City. The City may at any time suspend the Work, or any part thereof, by giving ten (10) days' notice to the Contractor in writing. The work shall be resumed by the Contractor within ten (10) days after the date fixed in the written notice from the City to the Contractor to resume. If the City's suspension of all or part of the Work causes additional expenses not due to the fault or negligence of the Contractor, the City shall reimburse the Contractor for the additional expense incurred due to suspension of the work. Claims for such compensation, with complete substantiating records, shall be filed with the City within ten (10) days after the date of order to resume Work in order to receive consideration. This paragraph shall not be construed as entitling the Contractor to compensation for delays due to inclement weather, failure to furnish additional surety or sureties specified herein, for suspension made at the request of the Contractor, or for any other delay provided for in this Contract. 13. City's Right to Carry Out the Work. If the Contractor defaults or neglects to carry out the Work in accordance with the Contract or fails to perform any provisions of the Contract, the City may, after ten (10) days written notice to the Contractor and without prejudice to any other remedy the City may have, make good such deficiencies. In such case an appropriate Change Order shall be issued deducting from the payment then or thereafter due the Contractor the cost of correcting such deficiencies. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the City. 14. City's Right to Terminate Contract and Complete the Work. The City has the right to terminate this Contract for any of the following reasons: a. The Contractor is adjudged bankrupt, makes a general assignment for the benefit of creditors, or becomes insolvent; b. Failure of Contractor to supply adequate properly skilled workmen or proper materials; c. Failure of Contractor to make prompt payment to subcontractor for material or labor; d. Any disregard of laws, ordinances or proper instructions of the City; e. Assignment or work without permission of the City; £ Abandonment of the work by Contractor; g. Failure to meet the work progress schedule set forth in this Contract; h. Unnecessary delay which, in the judgment of the City, will result in the work not being completed in the prescribed time. Standard Construction Contract 2007 06 01 Page 4 of 12 Termination of the Contract shall be preceded by ten (10) days written notice by the City to the Contractor and its surety stating the grounds for termination and the measures, if any, which must be taken to assure compliance with the Contract. The Contract shall be terminated at the expiration of such ten (10) day period unless the City Council shall withdraw its notice of termination. Upon termination of the Contract by the City, the City may, without prejudice to any other remedy the City may have, take possession of the site and of all materials, equipment, tools, construction equipment and machinery thereon owned by the Contractor and may finish the Work by whatever methods the City may deem expedient at the Contractor's expense. Upon Contract termination, the Contractor shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the contract price exceeds the expense of finishing the Work, including compensation for additional managerial and administrative services, the excess shall be paid to the Contractor. If such expense exceeds the unpaid balance, the Contractor shall pay the difference to the City. In the event that the Contractor abandons the Work, fails or refuses to complete the Work or fails to pay just claims for labor or material, the City reserves the right to charge against the Contractor all legal, engineering, or other costs resulting from such abandonment, failure or refusal. Legal costs will include the City's cost of prosecuting or defending any suit in connection with such abandonment, failure or refusal, and non-payment of claims wherein the City is made co- defendant, and the Contractor agrees to pay all costs, including reasonable attorney's fees. 15. Contractor's Right to Terminate Contract. The Contractor may terminate this Contract upon ten(10) days written notice to the City for any of the following reasons: a. If an order of any court or other public authority caused the Work to be stopped or suspended for a period of 90 days through no act or fault of the Contractor or its employees. b. If the City should fail to pay any undisputed sum owed Contractor within forty-five (45) days after the sum becomes due. 16. Performance and Payment Bonds. The Contractor shall post a Performance and Payment Bond each in an amount equal to one hundred percent (100%) of the payments due Contractor to insure the prompt and faithful performance of this Contract by Contractor and to insure prompt payment to the subcontractor and suppliers of the Contractor. The Bonds shall be in a form approved by the City. Contractor shall provide the Bond to the City before commencing work and together with the executed contract document. If the Performance and/or Payment Bond are not submitted as provided herein, this Contract shall be considered void. 17. Subcontractor. The Contractor shall bind every subcontractor and every subcontractor shall agree to be bound by the terms of this Contract as far as applicable to its work, unless specifically noted to the contrary in a subcontract approved in writing as adequate by the City. The Contractor shall pay any subcontractor involved in the performance of this Contract within the ten(10) days of the Contractor's receipt of payment by the City for undisputed services provided by the subcontractor. If the Contractor fails within that time to pay the subcontractor any Standard Construction Contract 2007 06 01 Page 5 of 12 undisputed amount for which the Contractor has received payment by the City, the Contractor shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of$100 or more is $10. For an unpaid balance of less than $100, the Contractor shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Contractor shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 18. Responsible Contractor Contractor warrants under oath that Contractor is in compliance with the minimum criteria required of a "responsible contractor" as that term is defined in Minnesota Statutes § 16C.285, subd. 3. Contractor has provided to City a list of all of its first-tier subcontractors and motor carriers that it intends to retain for work on the project. The Contractor has obtained from all subcontractors and motor carriers with which it will have a direct contractual relationship a signed statement under oath by an owner or officer verifying that the subcontractor or motor carrier meets all of the minimum criteria in § 16C.285, subd. 3. If Contractor retains additional subcontractors or motor carriers on the project after submitting its verification of compliance, the Contractor shall obtain verification of compliance from each additional subcontractor and motor carrier with which it has a direct contractual relationship and shall submit to the City a supplemental verification confirming the subcontractor's and motor carrier's compliance with subdivision 3, clause (7), within 14 days of retaining the additional subcontractors or motor carriers. Contractor shall submit to the City upon request copies of the signed verifications of compliance from all subcontractors and motor carriers of any tier pursuant to Minn. Stat. § 16C.285, subd. 3(7). A false statement under oath, by Contractor, subcontractor, or motor carrier, verifying compliance with any of the minimum criteria may result in termination of the Contract. 19. Independent Contractor. Contractor is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Contract, who shall be employees, and under the direction, of Contractor and in no respect employees of City, and(ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Contractor an employee of the City. 20. Insurance. a. General Liability. Prior to starting the Work, Contractor shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Contractor or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, required by law, or the insurance coverage actually obtained by Contractor, whichever is greater. b. Contractor shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Standard Construction Contract 2007 06 01 Page 6 of 12 Worker's Compensation Statutory Limits Employer's Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General $1,000,000 property damage and bodily Liability injury per occurrence $2,000,000 general aggregate $2,000,000 Products—Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident(shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products- completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. d. Contractor shall maintain "stop gap" coverage if Contractor obtains Workers' Compensation coverage from any state fund if Employer's liability coverage is not available. e. All policies, except the Worker's Compensation Policy, shall name the "City of Eden Prairie" as an additional insured. f. All policies, except Worker's Compensation Policy, and Professional Liability Policy, shall name the "City of Eden Prairie" as an additional insured including products and completed operations. g. All polices shall contain a waiver of subrogation in favor of the City. h. All General Liability policies, Automobile Liability policies, and Umbrella policies shall contain a waiver of subrogation in favor of the City. i. All polices, except the Worker's Compensation Policy, shall insure the defense and indemnity obligations assumed by Contractor under this Contract. Standard Construction Contract 2007 06 01 Page 7 of 12 j. Contractor agrees to maintain all coverage required herein throughout the term of the Contract and for a minimum of two (2) years following City's written acceptance of the Work. k. It shall be Contractor's responsibility to pay any retention or deductible for the coverages required herein. 1. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days' prior notice to the City, except that if the cancellation or non-renewal is due to non-payment, the coverages may not be terminated or non-renewed without ten (10) days' prior notice to the City. m. Contractor shall maintain in effect all insurance coverages required under this Paragraph at Contractor's sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. n. A copy of the Contractor's Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Contractor's Work. Upon request a copy of the Contractor's insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Contractor has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Contractor of any deficiencies in such documents and receipt thereof shall not relieve Contractor from, nor be deemed a waiver of, City's right to enforce the terms of Contractor's obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. o. Effect of Contractor's Failure to Provide Insurance. If Contractor fails to provide the specified insurance, then Contractor will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City(including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Contractor, its subcontractors, agents, employees or delegates. Contractor agrees that this indemnity shall be construed and applied in favor of indemnification. Contractor also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. Standard Construction Contract 2007 06 01 Page 8 of 12 If a claim arises within the scope of the stated indemnity, the City may require Contractor to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Contractor's insurance company. Contractor will take the action required by the City within fifteen (15) days of receiving notice from the City. 21. Indemnification. Contractor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney's fees paid, incurred or for which it may be liable resulting from any breach of this Contract by Contractor, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Contractor, its agents, contractors and employees, relative to this Contract. City will indemnify and hold Contractor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 22. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Contract ("Information") shall become the property of the City, but Contractor may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Contractor also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Contract does not relieve any liability on the part of the Contractor, but any use of the Information by the City or the Contractor beyond the scope of this Contract is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 23. 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. GENERAL TERMS AND CONDITIONS Standard Construction Contract 2007 06 01 Page 9 of 12 24. Assignment. Neither party shall assign this Contract, nor any interest arising herein, without the written consent of the other party. 25. Compliance with Laws and Regulations. In providing services hereunder, the Contractor shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Contract and entitle the City to immediately terminate this Contract. 26. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Contract. The violation of this provision renders the Contract void. 27. Counterparts. This Contract may be executed in multiple counterparts, each of which shall be considered an original. 28. Damages. In the event of a breach of this Contract by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 29. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to termination of this Contract and for one (1) year thereafter, without prior written consent of the former employer in each case. 30. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Contract or thereafter of any of the rights or remedies of the City under this Contract. 31. Entire Contract, Construction,Application and Interpretation. This Contract is in furtherance of the City's public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Contract shall be valid only when expressed in writing and duly signed by the parties,unless otherwise provided herein. 32. Governing Law. This Contract shall be controlled by the laws of the State of Minnesota. 33. Non-Discrimination. During the performance of this Contract, the Contractor 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 Contractor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non- discrimination clause and stating that all qualified applicants will receive consideration for Standard Construction Contract 2007 06 01 Page 10 of 12 employment. The Contractor shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Contractor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 34. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Contract if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 35. Rights and Remedies. The duties and obligations imposed by this Contract and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 36. Services Not Provided For. No claim for services furnished by the Contractor not specifically provided for herein shall be honored by the City. 37. Severability. The provisions of this Contract are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Contract. 38. Statutory Provisions. a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the Contractor or other parties relevant to this Contract are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Contract. b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Contractor under this Contract which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. This Contract is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Contractor in performing any of the functions of the City during performance of this Contract is subject to the requirements of the Data Practice Act and Contractor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Contractor in relation to this Contract shall contain similar Data Practices Act compliance language. Standard Construction Contract 2007 06 01 Page 11 of 12 39. Waiver. Any waiver by either party of a breach of any provisions of this Contract shall not affect, in any respect, the validity of the remainder of this Contract. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Nancy Tyra-Lukens, Its Mayor Rick Getschow, Its City Manager LAVAN FLOORING COMPANY Derek LaVan, Its Owner Standard Construction Contract 2007 06 01 Page 12 of 12 Exhibit A LaVan Floor Covering Company 1203 Cliff Road East Burnsville, MN 55337 Phone (952 ) 895 - 5192 Fax (952) 895 -5390 PROPOSAL SUBMITTED TO PHONE FAX DATE CITY OF EDEN PRAIRIE 7-20- 17 STREET JOB NAME RECARPET-POLICE & ADMINISTRATION AREAS CITY, STATE & ZIP CODE JOB LOCATION EDEN PRAIRIE CITY HALL ATTN : PAUL STICHA BASE BID PER PLANS DATED 6- 1 -2017 PROVIDE ALL BASE CARPET TILES & ADHESIVE PROVIDE ALL ACCENT CARPETS & ADHESIVE PROVIDE ALL WALK- OFF CARPET TILES & ADHESIVE PROVIDE STAIRWELL CARPET & ADHESIVE PROVIDE 911 CALL CENTER CARPET TILE & ADHESIVE PROVIDE REMOVAL & DISPOSAL OF EXISTING FLOORING AND BASE PROVIDE FURNITURE MOVING OR LIFTING AS REQUIRED PROVIDE INSTALLATION OF ALL NEW FLOORING MATERIALS $ 156 ,400 . 00 ALL LABOR IS FIGURED AFTER HOURS DURING THE WEEK OR SATURDAY DURING THE DAY NO MAJOR UNFORSEEN FLOOR PREP IS INCLUDED IN THIS BID . CUSTOMER IS RESPOSIBLE TO PACK PERSONAL ITEMS ON TO BOOK CASES PROVIDED DEREK LAVAN WE PROPOSE — hereby to furnish material and labor — complete in accordance with above specifications, for the sum of: dollars $ Payment to be made as follows : All material is guaranteed to be as specified. Alt work to be completed in workmanlike Authorized manner according to standard practices. Any alteration or deviation from above specifications involving extra will be executed only upon written orders, and will become Signature an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delay beyond our control. Owner to carry fire, tornado and other necessary Note : This proposal may be withdrawn by us if not accepted within days. insurance. Our workers are fully covered by workmen's Compensation Insurance. ACCEPTANCE OF PROPOSAL — The above prices, specifications and conditions are satisfactory and ar hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above . Signature Signature Date of Acceptance : DATE AND ATTACH TO ORIGINAL BOND AUTO - OWNERS INSURANCE COMPANY LANSING , MICHIGAN NO BD147490 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the AUTO-OWNERS INSURANCE COMPANY AT LANSING , MICHIGAN , a Michigan Corporation, having its principal office at Lansing , County of Eaton, State of Michigan, adopted the following Resolution by the directors of the Company on January 27, 1971 , to wit "RESOLVED , That the President or any Vice President or Secretary or Assistant Secretary of the Company shall have the power and authority to appoint Attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto , bonds and undertakings , recognizances , contracts of indemnity, and other writings obligatory in the nature thereof. Signatures of officers and seal of Company imprinted on such powers of attorney by facsimile shall have same force and effect as if manually affixed. Said officers may at any time remove and revoke the authority of any such appointee." Does hereby constitute and appoint Paul D . Oppenlander its true and lawful attorney(s)-in-fact, to execute, seal and deliver for and on its behalf as surety , any and all bonds and undertakings , recognizances , contracts of indemnity and other writings obligatory in the nature thereof, and the execution of such instrument(s) shall be as binding upon the AUTO-OWNERS INSURANCE COMPANY AT LANSING , MICHIGAN as fully and amply, to all intents and purposes , as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. • IN WITNESS WHEREOF, the AUTO-OWNERS INSURANCE COMPANY AT LANSING , MICHIGAN , has caused this to be signed by its authorized officer this 1st day of August 2016. Denise Williams Senior Vice President STATE OF MICHIGAN } _ COUNTY OF EATON f ss _s.P .............. NOURY PUBUC On this 1st day of August 2016, before me personally came Denise Williams , to me known, who being duly sworn, did depose and ".! cour•rrcoFrert .y say that they are Denise Williams , Senior Vice President of AUTO-OWNERS INSURANCE COMPANY, the corporation described in and M;n co" which executed the above instrument, that they know the seal of said corporation, that the seal affixed to said instrument is such Corporate N •, Age or .=2= Seal, and that they received said instrument on behalf of the corporation by authority of their office pursuant to a Resolution of the Board of vl•._ c _ Directors of said corporation. tF o �0.s My commission expires March 10, 2022 aZILAIes.4.3Ci41-A2-frs3- Susan E. Theisen Notary Public STATE OF MICHIGAN 1ss. COUNTY OF EATON f I , the undersigned Senior Vice President, Secretary and General Counsel of AUTO-OWNERS INSURANCE COMPANY, do hereby certify that the authority to issue a power of attorney as outlined in the above board of directors resolution remains in full force and effect as written and has not been revoked and the resolution as set forth is now in force. 19th 2017 "<;NERS bNs"`"% Signed and sealed at Lansing , Michigan. Dated this day of July ^ , . ° :' CORPORATE i n ; ` : SEAL jme p '• William F. Woodbury, Senior Vice Pr s.� ident, Secretary and General Counsel 2940 (08-16) Print Date: 07/19/2017 Print Time: 10:32:03 AM 0 a uto-Owners Insurance Bond Number BD147490 Life Home Car Business BID BOND KNOW ALL BY THESE PRESENTS , that we , LAVAN FLOORCOVERING INC. of 1203 CLIFF RD E BURNSVILLE , MN 55337- 1401 ( hereinafter called the Principal) , as Principal , and Auto-Owners Insurance Company (hereinafter called the Surety) , as Surety, are held and firmly bound unto CITY OF EDEN PRAIRIE 8080 MITCHELL RD , EDEN PRAIRIE MN 55344-2203 ( hereinafter called the Obligee) , in the penal sum of Five Percent of bid Dollars ( % of Attached bid) for the payment of which the Principal and the Surety bind themselves , their heirs , executors , administrators , successors and assigns , jointly and severally , firmly by these presents . THE CONDITION OF THIS OBLIGATION IS SUCH , that WHEREAS , the Principal has submitted or is about to submit a proposal to the Obligee on a contract for CARPET INSTALL NOW , THEREFORE , if the said Contract be timely awarded to the Principal and the Principal shall , within such time as may be specified , enter into the Contract in writing , and give bond , if bond is required , with surety acceptable to the Obligee for the faithful performance of the said Contract, then this obligation shall be void ; otherwise to remain in full force and effect. Signed and sealed this 19TH day of JULY, 2017 . Witness 'Principal eSa40+1 Tree_ � ERS iN w , . Auto-Owners Insurance Company o �9,, � °: : a . 6' ct CORPORATE ¢ :: SEAL : "' ° . .'_.,c/LACIA") at ag • I. -I siNG, well/ Susan E. Theisen 07/%46;11.A.3 Witness Paul D . Oppenlander Attorney-in-Fact Print Date: 07/19/2017 Print Time: 10:32:04 AM o C_pJzle Bond Number BD147490 Life Home Car Business ACKNOWLEDGEMENT BY SURETY STATE OF MICHIGAN County of Eaton On this 19TH day of JULY, 2017 , before me personally appeared Paul D . Oppenlander, known to me to be the Attorney- in-Fact of Auto- Owners Insurance Company , the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same . IN WITNESS WHEREOF , I have hereunto set my hand and affixed my official seal , at my office in the aforesaid County , the day and year in this certificate first above written . - -,N.E.....yF ..1 s �• NOY RIALTO 2 C PTj -�,�4�/ (-1731A;12 COUNTY OF KENT �• ( \ _Via• T MY Comm6sbn Fxpies• • "AR`" in Susan E . Theisen N_ ACou In the l �T• County of i•Zi" F •. , ... . . - , .. = Notary Public in the State of Michigan °h.":'G�- County of Kent SUSAN E. THEISEN NOTARY PUBLIC-STATE OF MICHIGAN COUNTY OF KENT My Commission Expires March 10, 2022 Acting in the County of Eaton Print Date: 07/192017 Print Time: 10:32:04 AM Responsible Contractor Verification R I am an owner or officer of it/01 1 w . . .... . . [name of bidder] ("Bidder") . I hereby verify that Bidder is in compliance with the minimum criteria required of a "responsible contractor" as that term is defined in Minnesota Statutes § 16C . 285 , subdivision 3 , and as explained in the attached document entitled "Responsible Contractor Requirement . " I further agree that Bidder has received a signed statement under oath from each subcontractor and motor carrier that Bidder intends to use to perform work on the project verifying that the subcontractor and motor carrier meets the minimum criteria under Minn. Stat. § 16C . 285 , and that Bidder will furnish such statements to the contracting authority upon request. Bidder intends to retain the following first-tier subcontractors and motor carriers for work on this project : a t If Bidder is awarded the contract for the project, I further agree that Bidder will submit the attached document entitled "Additional Subcontractor and Motor Carrier List" as required . Signed this Y/z, day of R -= r 12L , 20 E By : I) ` ` «' , R f _ , , 1 - % [printed name] B I U e S; ft r L - z [title] of t. 1 ,J LTh / Dr'' a` �; ti ,, 4 [name of bidder] STATE OF MINNESOTA ) ) ss . COUNTY OF I , 1/(70i ) Sig d and, , sworn to before me on 20 / . 1 , by 4/1 SHARONANDERSON t PUBLIC • MINNESpTA NOMM SSdON QtPIRES sit -ir . CO �• MY ✓Notary Public ) (stamp) CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar August 8, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Police Department and Declare Equipment Obsolete and Authorize VIII.R. Administration Department/ Disposal of Property Information Technology Requested Action Move to: Declare equipment obsolete and authorize disposal of property. Synopsis The City has a surplus of obsolete Police and IT equipment. Police Department needs to dispose of obsolete phone jammer and accompanying cable as the technology is no longer used by the department and cannot be used or sold to other agencies. Original value of phone jammer and cable was approximately$5000. Value now is zero. Upon approval from council, it will be destroyed by our Evidence Technician. Obsolete IT equipment is of no use and will be recycled. Avanti Global Resources based in Minnetonka will pick up equipment for recycling/disposal at no cost to the city. If there is value in the equipment, the City will be reimbursed after audit and testing is completed by Avanti. Obsolete IT equipment will be disposed of as authorized by City Code Section 2.86, Subd. 3. Attachment List of obsolete IT equipment Asset Type Manufacturer Model Serial Number Phone Mitel 5312 IP 1TKFS12262N1 Headset Plantronics CS70 NC B1731111 Printer Hewlett-Packard LJ1536dnf CND9D4PBQJ Laptop Hewlett-Packard Pavillion dv6000 CNF7230WTP Police Server Hewlett-Packard DL380G4 LA8B80D8VT91V2 Laptop Dell Latitude E6530 TJGG3 A01 Police Phone Mitel Superset 4025 AFAEQ3569 Mouse Verbatim 98622 1504057416 Hard Drive Hitachi Z7K320-320 120406E3834563DLRT0M MiFi Jetpack Ellipsis MHS800L 358227056462895 Laptop HP ELITEBOOK 8560P 5CB219093Y Laptop Dell PP18L 74GYX91 Toughbook Panasonic CF-30 CF-30KCP542M Monitor Dell 1704FPTt CN-0Y4299-71618-61E-AM59 Mount Fujitsu FPCSK291AP CP682851-01 Printer HP Laserjet 2430n CNGKK04744 Mount RAM Mounts Toughtray Mount RAM Mounts Toughtray Monitor Dell 1908FPt CN-0FP182-71618-7CT-RCL1 Computer HP Elite 8200 MXL152013Z Computer HP Elite 8300 MXL2330GM6 Computer HP Elite 8200 MXL152013W Phone Mitel 5330e 1WDFW143419B Computer HP Elite 8200 MXL1520141 Computer HP Elite 8200 MXL1520140 Tablet Appple iPad2 DLXFM4GTDJHF Laptop HP Dm3 CNC0082111 Laptop HP Dv4 CND94640KN Video Game Console Microsoft XBOX360 621101354805 Laptop Panasonic CF30KCP542M 91KYA81883 Smart Board Smart SB680 R1-160845 Smart Board Smart SB680 N/A Phone Per Node Mitel SX2000 AA BCG 4955 Phone Per Node Mitel SX2000 AA AFX 4621 Phone Per Node Mitel SX2000 AA ADL 0511 Phone Per Node Mitel SX2000 AA ADL 0513 Phone Per Node Mitel SX2000 AA ALQ 9907 Phone Per Node Mitel SX2000 AA ALQ 3139 UPS Minuteman E1500RM2U DE03121200130 Laptop Dell Latitude D830 6R6HVD1 Printer HP Deskjet 6940 MY84MCS21K Computer HP Elite 8300 MXL2412QZ0 Computer HP Elite 8000 MXL0371L62 Computer HP Elite 8300 MXL30420KJ Computer HP Elite 8300 MXL2331404 Computer HP Elite 8200 MXL1412J4R Computer HP Elite 8200 MXL152013N Computer HP Elite 8200 MXL152013Q Computer HP dc7900 2UA93701DL Computer HP Elite 8000 MXL0380QDK Computer HP Elite 8300 MXL2330GM9 Computer HP Elite 8200 MXL152013P Computer HP Elite 8300 MXL3411BNR Computer HP Elite 8000 MXL0480JG9 Computer HP Elite 8300 MXL2331400 Computer HP Elite 8000 MXL0380QDT Computer HP Elite 8200 MXL2161GD0 Computer HP Elite 8200 MXL152013R Computer HP Elite 8300 MXL23313ZY Computer HP Elite 8300 MXL2331401 Computer HP Elite 8000 MXL0380QDL Computer HP Elite 8200 MXL21420WP Computer HP Elite 8200 MXL2161GD2 Computer HP Elite 8000 MXL0460NX7 Computer HP Elite 8300 MXL2330GM7 Computer HP Elite 8200 MXL1251P57 Computer HP Elite 8200 MXL2220LBS Computer HP Elite 8300 MXL23313ZQ Computer HP Elite 8300 MXL23313ZR Computer HP Elite 8300 MXL2331403 Computer HP Elite 8300 MXL23313ZT Computer HP Elite 8300 MXL2412QYZ Monitor Dell 1908FPt CN-0FP182-71618-75M-AA69 Tape Recorder Panasonic RR-830 XE7AA15649 Monitor Dell 1707FPt CN-0CJ167-72872-6AK-OGAU Laptop HP HP Mini N/A Printer Brother PJ-623 U62864-M4Z4438495 Cell Phone Samsung SCH-U660 A00000030FC6861 Cell Phone Samsung SCH-U460 A0000023CA661B Laptop Acer Q1VZC NUSH7AA004251137F11601 Monitor Samsung 943BT MY19H9NS910679D Router Netgear WNDR3700v3 2WR12178AB98E Printer HP Deskjet5650 MY4964NOHS Digital Camera Casio EX-Z850 5553747A Hard Drive Buffalo HD-HC50002 95281178741852 Wireless Card Novatel Wireless USB760 9116517536 Computer Dell Optiplex 7010 HPDYJ02 UPS Eaton 3105 JF201A1374 Projector Canon XJ-H2650 C947AAAY51-010588 VGA Extender TRUlink 8031029L1100462 Projector Canon XJ-A146 L033BBAF25-020128 Monitor Acer X163W ETLBF09003821053763600 Printer HP Deskjet 6940 MY76EBS1CV Printer Lexmark T640 79289RR Printer HP Laserjet 4050N N/A Printer HP Laserjet 2430dtn CNDJB70833 Computer HP Elite800G2 2UA6141TXF Monitor Dell 1908FPc CN-0UW042-64180-7BN-3XMU Laptop Dell Latitude D620 GG950C1 Computer HP Z420 Workstation 2UA323OKTC Server HP G5 USE745NBZR Call Logger Nice Call Focus 3 44728305 CITY COUNCIL AGENDA DATE: SECTION: Public Hearings August 8, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development/Planning Elevate at SouthWest Station IX.A. Janet Jeremiah/Julie Klima& Beth Novak-Krebs Requested Action Move to: • Close the Public Hearing; and • Adopt the Resolution Amending the Guide Plan from Regional Commercial to Transit Oriented Development(TOD) on 2.93 acres and amending the Comprehensive Plan text to include TOD land use language; and • Adopt the Resolution for a Planned Unit Development Concept Review on 2.93 acres; and • Approve First Reading of an Ordinance for Planned Unit Development District Review with waivers and a Zoning District Change from Com-Reg- Ser to TOD-R on 2.93 acres; and • Adopt the Resolution for a Preliminary Plat of two lots into one lot on 2.93 acres; and • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions including payment of park dedication fees in the amount of$872,700 that may be deferred in accordance with the agreement and including incorporation of alternative vehicle provisions within the project; and • Authorize the issuance of an early Land Alteration Permit for Elevate at SouthWest Station at the request of the Developer subject to the conditions outlined below. Synopsis The proposed project includes the development of a Transit Oriented Development(TOD) that integrates both residential and commercial development. The project specifically proposes removing the vacant bank and restaurant buildings and constructing a new six story building with 222 residential units above approximately 13,000 square feet of retail/restaurant development. The project proposes the use of structured parking along with the use of existing surface parking. A mix of residential units are proposed ranging from 1 bedroom to 3 bedroom units and the plans indicate 2 restaurant uses (approximately 5,300 and 3,000 square feet respectively) and 2 retail spaces (approximately 2,700 and 2,500 square feet respectively). The developer has indicated a desire to begin construction in late 2017 with anticipated completion in Spring 2019. The project incorporates the use of site amenities,pedestrian connections and sustainable features. Background The property was previously operated as an Anchor Bank branch and a Ruby Tuesday restaurant and is located in the northwest corner of Technology Drive and Prairie Center Drive. The SouthWest light rail line is proposed to wrap around the north and east boundaries of the proposed Elevate project before landing at a station platform to the west of the development site. The preliminary plat proposes to combine the two existing lots into one lot. The proposal includes multiple site amenities to create an attractive site design, to enhance the pedestrian experience, to promote an active site with human interaction, and to enrich the human scale, particularly at the ground level. Pedestrian lighting is provided as decorative features along the store fronts and through the use of bollards along the pedestrian connections. The plaza area extending from the intersection of Prairie Center Drive and Technology Drive includes public art, seat walls,benches and the use of decorative surfaces. Some of these improvements are proposed within the City right of way and are proposed to be funded and maintained by the developer. The site also includes a dog park area in support of the residential use on site, including a perimeter decorative fence. In August 2016, the City adopted the Transit Oriented Development(TOD) Zoning District regulations. This established zoning district requirements and performance standards for TOD development. This application seeks a reguiding to TOD consistent with the requested zoning. As a part of the Comprehensive Plan Amendment to reguide the property to TOD, a text amendment to the Comprehensive Plan is necessary to establish the dialogue supporting the TOD land use designation. Specific properties have not been formally identified through an amendment to the Comprehensive Guide Plan. Attached to this memo is the proposed comprehensive plan language to address TOD development generally and then specifically for the Southwest Station area. This language has been moderately revised since review by the Planning Commission. At the July 10, 2017, Planning Commission meeting, staff communicated to the Commission that the language may be revised prior to Council review due to ongoing review and coordination with City staff and Metropolitan Council staff. The draft language that is attached for the Council's review is largely the same language that was reviewed by the Planning Commission but has been restructured to create a more organized flow of information. It is anticipated with the Aspire Eden Prairie 2040 effort that additional language will be drafted related to the other TOD areas throughout the community. The project proposes a number of elements that exceed City Code requirements and are outlined in Planning Commission staff report. The development includes the use of the following sustainable features: 1. Bike racks promoting alternative transportation methods; 2. Permeable pavers in parking lot to reduce impervious area and reduce runoff; 3. Tree trench basins to increase run off infiltration; 4. A 3,500 square foot green roof adjacent to the rooftop deck for residents; 5. Rain cistern to capture storm water and reuse it for site irrigation; 6. Native plant species in the landscaping to promote water conservation techniques; 7. Interior finishes will have low Volatile Organic Compound levels to improve indoor air quality and promote the use of environmentally responsible materials; and 8. Work with local power company(ies) to evaluate mechanical and electrical systems to maximize efficiency. The applicant is also requesting approval of a Planned Unit District Review with waivers. The request waivers include the following: • Parking Stall Length. City Code requires a parking stall length of 19 feet. Some of the parking stalls on site are proposed to be 18 feet in length. The reduced parking stall length is proposed in order to provide additional space for pedestrian areas in front of the retail spaces. This pedestrian area will not only activate the retail area but will serve as a connection to transit services for pedestrians entering the site from the Prairie Center Drive intersection. An 18' parking stall is functional. • Drive Aisle Width. City Code requires drive aisle widths of 25 feet. The project proposes some drive aisles at 24 feet in width. The reduced drive aisle width is functional and is proposed in order to provide additional space for pedestrian areas in front of the retail spaces. This pedestrian area will not only activate the retail area but will serve as a connection to transit services for pedestrians entering the site from the Prairie Center Drive intersection. • Parking. City Code requires 363 stalls and a private agreement with the adjacent property owner requires the project to provide 40 shared parking stalls for the adjacent property. This requires a total of 403 parking stalls. The total number of parking stalls proposed is 397. If not for the required 40 shared parking stalls, this site would exceed the TOD-R parking requirements by 34 stalls. In addition,parking in the adjacent ramp will be available after 6 pm and on weekends for the public. • Surface Parking Requirement. City Code requires that all parking be provided within a structure with the exception of residential visitor parking. The surface parking provided within this project will provide parking for the customers of the commercial spaces, as well as, the residential visitors. This waiver allows the project to fulfill its private obligations to provide shared parking for the adjacent property and also utilizes existing conditions on site. • Usable Open Space. The project proposes approximately 8%usable open space within the project. City Code requires 10%. In addition to the 8%provided, the applicant is proposing to construct and maintain site amenities within the right of way at the intersection of Technology Drive and Prairie Center Drive. This area will provide pedestrian connections to the trails and sidewalks that serve this property and adjacent properties; provide linkages to recreational, employment and transit uses; provide passive outdoor opportunities; and create a welcoming and visually interesting entrance into the project area. These off-site improvements will allow the site to function and feel to users as if the 10%usable open space requirement is met. The areas on site that are calculated in the usable open space are the dog park area, the retail promenade, on-site plaza area, and rooftop deck. • Building Stepback and Visually Distinct Floors. City Code requires a building stepback after 4 stories of building height in the TOD districts. The project proposes a building stepback after 5 stories rather than 4. The stepback requirement is in place for TOD developments in order to allow adequate light and air access to the street and neighboring properties. Because this project does not directly front the street there is less impact. Additionally, there are adequate setbacks from the property lines that allow for the proposed stepback to correspond to the context of the site environment. City Code also requires that the first 2 floors of a building in the TOD district to be visually distinct from the floors above. The project proposes a visually distinct first floor. The first floor is dedicated to retail/restaurant space and allows for a natural transition between it and the remaining residential floors. The project, as proposed,provides for pedestrian scale interest and massing which supports the intent of the visual distinction code language. • Projecting Sign. City Code currently does not allow for projecting signs. The project proposes two projecting signs that are approximately 3' x 18' in size. Signage of this style is acceptable in the TOD and Town Center areas as a means of allowing identification while supporting alternative designs in areas that will experience an intensification of uses. The adopted Town Center Design Guidelines include discussion of projecting/blade signs as a means of integrating signage into the overall scale of the building. The 120-Day review period expires on October 12, 2017. Planning Commission Recommendation The Planning Commission voted 8-0 to recommend approval of the Comprehensive Plan Text Amendment and the project at the July 10, 2017 meeting, based on the plans stamp dated June 30, 2017, the staff report dated July 6, 2017, and the added conditions that final park dedication payments be based on the final PUD approval and TIF Agreement. Council Considerations Park Dedication: Based upon requested PUD waivers, Comprehensive Plan Amendment, rezoning(and public financing which will be considered during a separate public hearing), staff recommends park dedication fees in the amount of$872,700. This includes fees for the market rate units only minus a deduction for the cost of plaza improvements in the public right of way that will be funded and maintained by the developer. Fess would not be charged for the 45 affordable units or the new commercial since commercial fees were paid for the previous uses. Early Grading: The developer has requested that the City Council authorize the issuance of an early land alteration permit in order to proceed with the grading activities within the project site. A condition of the Land Alteration Permit will include a requirement that the Developer perform a 2"mill and overlay of Technology Drive from Prairie Center Drive to the easterly access inclusive of the full intersection to the Southwest Station area. The mill and overlay shall be subject to Eden Prairie specifications and other conditions of the City Engineer. The mill and overlay project must be in place prior to the issuance of a land alteration permit for the Elevate project. The mill and overlay of Technology Drive is recommended to preserve the structural stability of the roadway during construction of the Elevate site. All work performed by the Developer in advance of approval of a Developers Agreement for the project shall be at the Developer's risk. Alternative Vehicles: The Planning Commission discussed the potential of incorporating accommodations on site for alternative vehicle provisions, such as Hour Car or charging stations for electric vehicles. Staff included a recommendation that provisions related to alternative vehicles be included in the development agreement. Similar language was included in the development agreement for the Martin Blu project to provide for a shared vehicle program. In that instance, after opening of the project there was found to be limited demand and the provisions were removed. Staff feels that this site is likely to foster a desire for alternative vehicle options with the immediate proximity to multi-modal transit options. Attachments • Draft Comprehensive Plan Text Amendment Language • Ordinance • Resolution-Guide Plan Change and Comprehensive Plan Text Amendment • Resolution—PUD Concept • Resolution—Preliminary Plat • Staff Report • Location Map • Current Guide Plan Map • Proposed Guide Plan Map • Zoning Map • Aerial photo • Unapproved Planning Commission Minutes Proposed Comprehensive Plan Language Chapter 3 Land Use Element Section 3.2 Future Land Use The following text will be inserted after the Town Center category: Transit Oriented Development (TOD) is a land use pattern intended to support transit systems investments by creating attractive, compact, pedestrian-oriented, high density, mixed-use, and environmentally and economically sustainable communities centered around transit facilities. TOD creates desirable places to live, work and visit and features amenities like entertainment venues,parks,retail,restaurants,offices,an enhanced pedestrian environment and diverse housing choices as well as transit access to other employment and entertainment centers. TOD is based on the principles of smart growth and sustainable development aimed at creating active,healthier,and more livable communities. The City recognizes TOD as a compact urban form of development that is desirable near transit facilities. As development and redevelopment occurs near transit facilities, the City envisions creating urban environments that have a distinct character but at the same time relate to the rest of the community. TOD provides a number of benefits for the not only the direct users,but the community and region as a whole such as generating a return on the City's and the region's long- term investment, increasing a sense of community,providing a variety of housing choices, and providing affordable housing. In the TOD, the identification of primary and secondary transit streets in the appropriate locations creates a supportive street network and helps guide the placement of buildings and parking. The TOD land use category provides general policy for properties guided as TOD. The TOD land use category creates excellent development opportunities near transit(including high density), but it comes with the expectation that the development will meet the high standards for quality and character that is required in Eden Prairie. The TOD land use category is similar to the Town Center land use category in that both promote the same principles and the goal of creating urban development. The Town Center Station is planned in the area designated as Town Center land use and the current policies regarding the Town Center area promote a similar land use pattern and development character as TOD. The difference between the categories is that the Town Center category includes a broad geographical area with the goal of creating a pedestrian oriented city center with broad community appeal while the TOD category is intended for the areas adjacent to the existing and planned transit stations. Specific areas near the proposed light rail stations will be designated TOD in the Guide Plan. Properties within these areas designated as TOD may be rezoned to a TOD zoning district as an implementation strategy, when redevelopment occurs, or rezoning is requested by the property owner. Other areas that may be appropriate for the designation of TOD will be considered for designation and rezoning upon the request of the property owner. Recognizing that building height and the number of units can impact local and regional infrastructure, the City will carefully evaluate building height and number of stories for the possible TOD sites near the other station areas with the Aspire Eden Prairie 2040 update. 1 The development of a specific site is governed by any specific Comprehensive Plan text for the site and zoning. The current TOD zoning districts include three districts that support TOD principles: TOD Mixed-Use (TOD-MU), TOD Residential (TOD-R) and TOD Employment (TOD-E). The appropriate zoning classification may be applied prior to development or determined during specific project review. As a general rule, the TOD land use designation is applied to parcels within approximately a '/2 mile radius of a transit facility, rail station, or transit corridor. When the City considers designating properties within Eden Prairie to TOD, it is dependent upon consideration of the approximate location within the 1/2 mile radius as well as the property's consistency with other criteria as follows: the property is ripe for redevelopment in the near to mid future, the property is accessible by various modes of transportation, the property is sized to accommodate high- density stacked mixed-use buildings, moderate to high-density housing, office, small scale and low intensity light industrial uses, and institutional development; and its proximity to supporting uses. The following Transit Oriented Development principles will guide the development of TOD in Eden Prairie. Development that is consistent with the principles will help realize the vision for development and redevelopment near transit facilities that is consistent with these guiding principles. High Density- TOD includes high-density development within convenient walking and biking distance of a transit station, including increased residential densities, employee densities, and non-residential floor area ratios (FARs); Rich Mix of Uses - TOD provides a complementary mix of market-supportive land uses including residential, office,public (buildings,plazas, open spaces), small scale and very low intensity light industrial, and commercial uses; Pedestrian Oriented - TOD building and site design is oriented to public spaces— streets, sidewalks, plazas, open spaces, and the transit station—and emphasizes a pedestrian-friendly environment; Urban Pattern - TOD utilizes an urban design pattern that encourages active living and healthy mobility choices, including walking, biking, riding scooters, and rollerblading, and other forms of pedestrian travel and include accommodations for persons with disabilities to connect to transit; Parking Solutions- TOD includes strategies and designs that decrease parking needs and requirements, including compact/mixed-use development patterns, on-street parking, joint use parking, structured parking, access to transit and shuttle services, bike sharing, and car sharing; Engaging Public Spaces - TOD provides public amenities such as parks and plazas, civic spaces, public art, landscaped streetscapes, benches, and sidewalks/trails that 2 provide connections between development sites, transit, and the City's overall sidewalk/trail network; Safe - TOD utilizes urban design principles that promote the safety and comfort of residents, employees, visitors, and transit riders; High Quality Architecture - TOD includes high quality and aesthetically attractive building forms that contribute to a positive City image, help to identify the unique characteristics of the location, and enhance the streetscape environment for pedestrians, bicyclists, transit riders, and vehicular drivers; and Sustainable - TOD includes sustainability practices relating to building lifespan such as reuse and recycling of materials, energy and water efficiency, storm water management, and economic resilience through lower operating costs. TOD supports the use of bicycles, shared use vehicles and alternative fuel vehicles by providing adequate bike parking, preferred parking for car/van pools and alternative fuel vehicles, charging stations, and shared bike/vehicle parking to address potential demand. SouthWest Station Area SouthWest Station currently includes a bus transit station and will include one of four light rail stations proposed in Eden Prairie on a site that supports the principles of TOD. SouthWest Transit currently operates a park and ride facility(structured parking) for bus service at 13500 Technology Drive. An addition to the existing parking structure will be built as a part of the SouthWest Light Rail Transit Green Line extension. Through the planning stages of the LRT project, the City supported the location of the parking ramp addition on the west side of the existing parking ramp in order to preserve redevelopment options along Prairie Center Drive and Technology Drive. These roadways will serve the area as transit streets. The site of the proposed Elevate project is the opportunity site for TOD development at this transit location. Guiding the Elevate site near the planned station as TOD is logical because the planned station and the area surrounding it have many of the elements that make a successful TOD. There is a recognized synergy between the rail station, the bus transit facilities, the Elevate project and surrounding uses. The SouthWest Station area includes office space, restaurant uses, high- density residential uses, and Purgatory Creek Park. The area has excellent access to Highway 212, 494 and 5 and has a supportive street network as discussed in Chapters 3, 5 and 8 of this document. The streets include Technology Drive and Prairie Center Drive. There are a variety of employers within walking distance of SouthWest Station such as Optum, MTS and Wells Fargo. In addition, SouthWest Station is within walking distance of the Town Center where there are additional jobs, shopping and entertainment options. The area includes Purgatory Creek Conservation Area, a 200-acre wetland area with a seven-acre park and 2.5 miles of walking trails. There are paths and a sidewalk along Technology Drive and Prairie Center Drive providing connectivity to a variety of uses that are within walking or biking distance. 3 A density of 80 dwelling units per acre is allowed for TOD projects in the SouthWest Station area. The Elevate project is six floors and falls within the density range. In order to achieve more density in these areas, buildings are typically taller than maximum height allowed by the City's standard residential zoning. The height and density along with other elements of the site are consistent with the principles of Transit Oriented Development. In the SouthWest Station area, the Elevate site is the only property that the City anticipates guiding to TOD. Other sites in the SouthWest Station area may be reguided to TOD at the request of the property owner if it can be demonstrated that the plan and any associated improvements do not have substantial negative impacts on local or regional infrastructure or the pedestrian environment. Chapter 10 Implementation Section 10.2 Other Implementation Tools The following text will be inserted at the end of the section: The City has adopted a Transit Oriented Development(TOD) ordinance to implement the development of the TOD as identified in Chapter 3. It is expected that there will be varying densities throughout the TOD and not every project will qualify for the upper limits of density. In order to be considered for approval for the upper limits of density, a proposal is required to meet various performance measures as set forth below. These measures demonstrate a commitment to ensure a high quality project that substantially supports the transit system and exceeds the standards and objectives of the TOD. The following measures will be used in the PUD process to evaluate a request for the upper limits of density. 1. Location. Locate within close proximity to the rail stations. Although a range of densities are appropriate in a TOD, higher density is encouraged near the transit stations to provide convenient access to the station. 2. Parking Solutions. Provide structured parking, shared parking, district parking or other parking alternatives. In an urban compact environment, surface parking is not always compatible with the objectives of the TOD. Structured and shared parking alternatives are a more efficient use of space. 3. Open Space. Include usable open space that meets the objectives of the TOD and includes amenities. The usable open space should be located where employees, residents, visitors, and transit users gather to socialize,play, relax, and/or attend events. Plazas, pocket parks, squares and other open space should connect to pedestrian ways so they can provide gathering places, passive recreation opportunities, or seating areas. Engaging public open space creates an inviting environment, brings activity to the street level and improves safety. 4. Public Art. Incorporate public art into the public spaces of the project. Public art can help create a sense of place and a positive experience for the public. Incorporating public 4 art may be an opportunity to get local artists involved. Along with other amenities, public art helps create engaging spaces. 5. Ground Floor Transparency. Include ground floor transparency along pedestrian corridors and in areas where pedestrians gather. Storefront windows provide visibility into the building creating a direct connection between indoor and outdoor spaces. This interface adds visual interest for pedestrians and creates activity on the street. This activity contributes to public safety by placing "eyes on the street." 6. Four-sided Architecture. Provide building articulation and high quality materials on all four sides of the building. Although the street side of a building may be most visible, other sides of the buildings may be visible in this urban and highly active area. Articulation on all four sides of the building shows a commitment to quality and recognizes that the building can be seen and experienced by the community at large. Ground-floor building articulation is critical in creating a great street that welcomes and supports pedestrian activity by providing visual interest and a sense of security and community identity 7. Decorative Surface Material. Use decorative surface material in pedestrian areas, plazas, and other gathering spaces where the surface material is highly visible by the public. The use of various types and colors of surface material can help define spaces, add visual appeal through color and texture, draw people into and though a space, and complement the building architecture. 8. Class I Building Materials. Use all Class I building materials on multiple façades of the building. The use of high quality building materials gives the building a sense of permanence and durability. 9. Crime Prevention Through Environmental Design. Design spaces to enhance the safety of the environment. Safety is important to residents, visitors, employees, and transit riders. A design that applies the principles of natural surveillance, territoriality, and access control can reduce crime and increase a sense of safety. 10. Sustainable Elements. Incorporate sustainable elements beyond Building Code requirements and provides features consistent with LEED standards such as a green roof, or rainwater collection as discussed in the City's Design Guidelines. When an existing building is consistent with TOD standards, reuse all or a portion of an existing building. . 11. Pedestrian and Bicycle Connection. Provide bicycle and pedestrian connections to nearby uses. As pedestrian oriented places with a rich mix of uses, creating a system of pedestrian and bicycle connections promotes safety and convenience. 12. Residential Uses. If a TOD project includes residential uses, incorporate residential uses that further the policies on Community Housing contained in the Comprehensive Plan. 5 13. Facade Articulation. Create a building that has a unique identity. For example, designing one residential building, where the facade reads as though the building is composed of several separate and distinct segments all tied together with a unifying element. This can be accomplished by incorporating various architectural styles and details and using a variety of dynamic colors and varied roof styles. 14. Landscaping. Provide a well-designed landscape that is appropriate for the site design, takes into account adjacent site conditions, and promotes sustainable elements such as pollinator habitat, native vegetation, and water conservation. Landscaping can soften hardscapes,provide shade, provide screening, add color and texture, positively impact the environment and enhance the pedestrian scale experience. 15. Lighting. Include pedestrian scale and decorative lighting. This type of lighting used in key locations can enhance the pedestrian experience, accentuate a site feature, lead users through a space and/or improve safety. 6 ELEVATE AT SOUTHWEST STATION CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2017-PUD- -2017 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA,REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT,AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the Com-Reg-Ser Zoning District and be placed in the TOD-R Zoning District_-2017-PUD-_- 2017 (hereinafter "PUD- -2017- "). Section 3. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of , 2017 entered into between Timberland Partners and the City of Eden Prairie, (hereinafter"Development Agreement"). The Development Agreement contains the terms and conditions of PUD- -2017- , and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD- -2017- is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD- -2017- is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD- -2017- are justified by the design of the development described therein. D. PUD- -2017- is of sufficient size, composition, and arrangement that its construction, marketing, and operation are feasible as a complete unit without dependence upon any subsequent unit. Section 5. The proposal is hereby adopted and the land shall be, and hereby is removed from the Com-Reg-Ser Zoning District, and placed in the TOD-R Zoning District and shall be included hereafter in the Planned Unit Development PUD-_-2017- and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 6. City Code Chapter 1 entitled"General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 8th day of August, 2017, 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 , 2017. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on , 2017. EXHIBIT A LEGAL DESCRIPTION: Lots 1 and 2, Block 1, Southwest Station 2nd Addition CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2017- A RESOLUTION AMENDING THE COMPREHENSIVE MUNICIPAL PLAN WHEREAS,the City of Eden Prairie has prepared and adopted the Comprehensive Municipal Plan("Plan"); and WHEREAS,the Plan has been submitted to the Metropolitan Council for review and comment; and WHEREAS,the proposal of Elevate at SouthWest Station by Timberland Partners is for a Comprehensive Guide Plan Change from Regional Commercial to Transit Oriented Development (TOD) on 2.93 acres, as legally described on Exhibit A; and WHEREAS,the City proposes to amend the text to include a land use category related to Transit Oriented Development(TOD). NOW, THEREFORE,BE IT RESOLVED that the City Council of the City of Eden Prairie, Minnesota, hereby adopts the amendment of the Plan based on plans stamped dated June 30, 2017 and the staff report dated July 6, 2017 and Council memo dated August 8, 2017 and subject to Metropolitan Council approval. ADOPTED by the City Council of the City of Eden Prairie this 8th day of August, 2017. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk EXHIBIT A COMPREHENSIVE PLAN AMENDMENT- ELEVATE AT SOUTHWEST STATION Legal Description: Lots 1 and 2, Block 1, Southwest Station 2nd Addition CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2017- A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF ELEVATE AT SOUTHWEST STATION FOR TIMBERLAND PARTNERS WHEREAS,the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Development(PUD) Concept of certain areas located within the City; and WHEREAS, the Planning Commission did conduct a public hearing on July 10, 2017, on Elevate at SouthWest Station by Timberland Partners and considered their request for approval of the PUD Concept plan and recommended approval of the request to the City Council; and WHEREAS,the City Council did consider the request on August 8, 2017. NOW, THEREFORE,BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. Elevate at SouthWest Station,being in Hennepin County, Minnesota, legally described as outlined in Exhibit A, is attached hereto and made a part hereof ("Property"). 2. That the City Council does grant PUD Concept approval as outlined in the plans stamp dated June 30, 2017. 3. That the PUD Concept meets the recommendations of the Planning Commission dated July 10, 2017. ADOPTED by the City Council of the City of Eden Prairie this 8th day of August, 2017. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk EXHIBIT A PUD Concept- Elevate at SouthWest Station Legal Description: Lots 1 and 2, Block 1, Southwest Station 2nd Addition CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2017- RESOLUTION APPROVING THE PRELIMINARY PLAT OF ELEVATE AT SOUTHWEST STATION FOR TIMBERLAND PARTNERS BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Elevate at SouthWest Station for Timberland Partners stamp dated June 30, 2017, and consisting of 2.93 acres into one lot, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved subject to approval of the 2nd reading of the Ordinance for the Planned Development District Review with waivers and a Zoning District change and approval of the Development Agreement and Metropolitan Council approval of the Comprehensive Plan Amendment. ADOPTED by the Eden Prairie City Council on the 8th day of August, 2017. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk STAFF REPORT TO: Planning Commission FROM: Julie Klima, City Planner Beth Novak-Krebs, Senior Planner DATE: July 6, 2017 PROJECT: Elevate at Southwest Station LOCATION: 12900 & 12950 Technology Drive APPLICANT: Timberland Partners OWNER: Anchor Bank Ruby Tuesday 120 DAY REVIEW: October 12, 2017 REQUEST: 1. Guide Plan Change from Regional Commercial to Transit Oriented Development(TOD) on 2.93 acres. 2. Planned Unit Development Concept Review on 2.93 acres 3. Planned Unit Development District Review with waivers on 2.93 acres 4. Zoning District Change from Commercial Regional Services (Com-Reg- Ser) to TOD-R on 2.93 acres 5. Site Plan Review on 2.93 acres 6. Preliminary Plat of two lots into one lot on 2.93 acres BACKGROUND The property was previously operated as an Anchor Bank branch and a Ruby Tuesday restaurant and is located in the northwest corner of Technology Drive and Prairie Center Drive. The SouthWest light rail line is proposed to wrap around the north and east boundaries of the proposed Elevate project before landing at a station platform to the west of the development site. The existing buildings have been vacant for over a year. The proposed project includes the development of a Transit Oriented Development(TOD)project that integrates both residential and commercial development. The project specifically proposes 222 residential units above approximately 13,000 square feet of retail/restaurant development. The project proposes the use of structured parking along with the use of existing surface parking. A mix of residential units are proposed ranging from 1 bedroom to 3 bedroom units and the plans indicate 2 restaurant uses (approximately 5,300 and 3,000 square feet respectively) and 2 retail spaces (approximately 2,700 and 2,500 square feet respectively). The developer has indicated a desire to begin construction in late 2017 with anticipated completion in Spring 2019. The project incorporates Staff Report—Elevate at Southwest Station July 6, 2017 Page 2 the use of site amenities, pedestrian connections, sustainable features and includes performance standard measures that exceed City Code requirements. These items are discussed in further detail in this memo. The Comprehensive Plan currently guides the property as Regional Commercial. Surrounding properties are guided Regional Commercial, Office, and Park/Open Space. Consistent with its previous development, the property is currently zoned Commercial Regional Services (Com- Reg-Ser). The surrounding properties are zoned Com-Reg-Ser, Office, and Rural (Purgatory Park). The request is to reguide the property for Transit Oriented Development (TOD) and rezone the property to TOD-R(TOD-Residential). The TOD-R district allows for commercial and restaurant uses provided that the commercial uses are on the street level along primary transit streets and individual tenant space does not exceed 10,000 square feet in area. The proposed commercial uses comply with this requirement as discussed in the proposed TOD Comprehensive Plan language. The property is adjacent to principal arterial, minor arterial and major collector roadways. The adjacent properties include commercial uses and current bus transit services. Nearby properties include residential, park and office developments. COMPREHENSIVE PLAN AMENDMENTS/REZONING In August 2016, the City adopted the Transit Oriented Development(TOD) Zoning District regulations. This established zoning district requirements and performance standards for TOD development. This application seeks a reguiding to TOD consistent with the requested zoning. As a part of the Comprehensive Plan Amendment to reguide the property to TOD, a text amendment to the Comprehensive Plan is necessary to establish the dialogue supporting the TOD land use designation. Specific properties have not been formally identified through an amendment to the Comprehensive Guide Plan. Below is the proposed comprehensive plan language (in italics) to address TOD development generally and then specifically for the Southwest Station area. It is anticipated with the Aspire Eden Prairie 2040 effort that additional language will be drafted related to the other TOD areas throughout the community. Proposed Comprehensive Plan Language Transit Oriented Development is a land use pattern intended to support transit systems investments by creating attractive, compact, pedestrian-oriented, high density, mixed-use, and environmentally and economically sustainable communities centered around transit facilities. TOD connects transit to desirable places to live, work and visit that feature amenities like entertainment venues, parks, retail, restaurants, offices, an enhanced pedestrian environment and diverse housing choices. TOD is based on the principles of smart growth and sustainable development aimed at creating active, healthier, and more livable communities. Staff Report—Elevate at Southwest Station July 6, 2017 Page 3 The Transportation section of the Comprehensive Plan encourages various forms of public transit including light rail, promotes the use of bicycle and pedestrian facilities for recreation and transportation and endorses the maintenance of a safe, convenient, effective and energy efficient transportation system. The Plan also recognizes Southwest Light Rail Transit as a priority for the region and the City supports the extension of Southwest Light Rail. In support of transit, multi-modal transportation and the regions investment, the City promotes, supports, and encourages Transit Oriented Development near the city's transit facilities. The TOD category in the Comprehensive Guide Plan is intended to be a general guide for those properties that are consistent with the tenets of TOD. The actual development of a specific site will be governed by the zoning. The TOD zoning district consists of three subdistricts that build upon TOD principles: TOD Mixed-Use (TOD-MU), TOD Residential (TOD-R) and TOD Employment (TOD-E). The appropriate zoning classification will be determined during specific project review. As a general rule, TOD areas are within a %2 mile radius of a transit facility, rail station, or transit corridor. When the City considers designating properties within Eden Prairie to TOD it is dependent upon consideration of the 1/2 mile radius as well as the property's consistency with other criteria as follows:planned for redevelopment, accessible by various modes of transportation, sized to accommodate high-density stacked mixed-use buildings, moderate to high-density housing with limited mixed use, and/or moderate- to high-density office, light industrial and institutional development with limited commercial, and proximity to supporting uses. TOD is recognized by the City as a compact urban form of development that is desirable near transit facilities. As development and redevelopment occurs near transit facilities, the City envisions creating urban environments that have a distinct character but at the same time relate to the rest of the community. These dense, compact, vibrant, walkable, and safe neighborhoods would be places where people want to live, work, shop, and socialize, all with convenient access to transit. In the TOD, the identification of primary and secondary transit streets in the appropriate locations creates a supportive street network and helps guide the placement of buildings and parking. TOD provides a number of benefits for the not only the direct users, but the community and region as a whole. Some of the benefits include the following: • Improves transit ridership, • Provides a variety of housing choices, • Provides community gathering spaces, • Expands pedestrian and bicycle access to stations, • Reduces traffic congestion and improves air quality, • Promotes increased land values, • Increases social capital in the neighborhood and the community, • Increases physical activity, Staff Report—Elevate at Southwest Station July 6, 2017 Page 4 • Provides safety through natural surveillance with a vibrant mix of uses and street-level activity, • Promotes sustainable and affordable development for people in the region, • Generates a return on the City's and the region's investment. • Creates an active, healthier, and more livable community. The following Transit Oriented Development principles are used to guide the development of TOD in Eden Prairie. Achieving these objectives will help realize the vision for development and redevelopment near transit facilities that is consistent with these guiding principles. High Density-Promote high density development within convenient walking and biking distance of a transit station, including increased residential densities, employee densities, and non-residential floor area ratios (FARs); Rich Mix of Uses-Accommodate a complementary mix of market-supportive land uses including residential, office,public (buildings,plazas, open spaces), light industrial, and where appropriate, select commercial uses; Pedestrian Oriented-Ensure building and site design is oriented to public spaces— streets, sidewalks,plazas, open spaces, and the transit station—and emphasizes a pedestrian friendly environment; Urban Pattern -Support an urban design pattern that encourages active living and healthy mobility choices, including walking, biking, riding scooters, and rollerblading, and other forms of pedestrian travel and include accommodations for persons with disabilities to connect to transit; Decreased Parking-Promote strategies and designs that decrease parking needs and requirements, including compact/mixed-use development patterns, on-street parking, joint use parking, structured parking, access to transit and shuttle services, bike sharing, and car sharing; Engaging Public Spaces-Incorporate public amenities such as parks and plazas, civic spaces,public art, landscaped streetscapes, benches, and sidewalks/trails that provide connections between development sites, transit, and the City's overall sidewalk/trail network; Safe-Incorporate urban design principles that promote the safety and comfort of residents, employees, visitors, and transit riders; High Quality Architecture-Promote high quality and aesthetically attractive building forms that contribute to a positive City image, help to identify the unique characteristics of the location, and enhance the streetscape environment for pedestrians, bicyclists, transit riders, and vehicular drivers; and Staff Report—Elevate at Southwest Station July 6, 2017 Page 5 Sustainable-Incorporate sustainability practices relating to building lifespan such as reuse and recycling of materials, energy and water efficiency, storm water management, and economic resilience through lower operating costs. Specific areas near the proposed light rail stations will be designated TOD in the Guide Plan. Properties within these areas designated as TOD may be rezoned to TOD as an implementation strategy, when redevelopment occurs, or rezoning is requested by the property owner. Other areas that may be appropriate for the designation of TOD will be considered for designation and rezoning upon the request of the property owner. South West Station Area South West Station is currently a bus transit station and one of four light rail stations proposed in Eden Prairie and a site that supports the principles of TOD. South West Metro Transit operates a park and ride facility (structured parking)for bus service at 13500 Technology Drive. Future plans for the area include the addition of a light rail station and a second parking structure as a part of the Southwest Light Rail line. Through the planning stages of the South West Light Rail project, the City supported the location of the new parking ramp on the west side of the existing parking ramp in order to preserve redevelopment options along Prairie Center Drive and Technology Drive. These roadways will serve the area as transit streets. The site of the proposed Elevate at South West Station project is the opportunity site for TOD development at this transit location. Designating the property as TOD is logical because the area and the surrounding areas have many of the elements that make a successful TOD. There is a recognized synergy between the rail station, the bus transit facilities, the Elevate project and surrounding uses. The South West Station area is located adjacent to office space, restaurant uses, residential, and activity centers. The area has excellent access to Highway 212, 494 and 5 and is adjacent to a supportive street network including Technology Drive and Prairie Center Drive. There are a variety of employers within walking distance of South West Station such as Optum, MTS and Wells Fargo. In addition, South West Station is within walking distance of the Town Center where there are additional jobs, shopping and entertainment options. The surrounding area includes Purgatory Creek Conservation Area, a 200-acre wetland area with a seven-acre park and 2.5 miles of walking trails. There are paths and a sidewalk along Technology Drive and Prairie Center Drive providing connectivity to a variety of uses that are within walking or biking distance. The minimum density in the TOD is 25 dwelling units per acre for residential development and 40 dwelling units per acre for mixed-use development. The minimum number of floors for TOD residential development is 2 floors and max is 6 floors. TOD mixed use and TOD employment development have a minimum of 4 and 2 floors respectively. The minimum density and minimum number of floors is established to ensure that a sufficient level of development occurs to support transit use, walkability, local retail or other goals. Staff Report—Elevate at Southwest Station July 6, 2017 Page 6 The intent of a TOD is to create a compact and dense environment especially near transit stations. In order to achieve more density in these areas, buildings are typically taller than the 40 foot maximum allowed by the City s standard residential zoning. Recognizing that building height and the number of units can impact local and regional infrastructure, the City will carefully evaluate building height and number of stories for the other station areas with the Aspire Eden Prairie 2040 update. A density of 75 dwelling units per acre is allowed in the TOD. However, it is expected that there will be varying densities throughout the TOD and not every project will be built at the maximum density. In order to be considered for approval at the maximum density, a proposal is required to meet various performance measures as determined through the PUD. The following performance measures will be used when evaluating a request for the maximum density. These measures demonstrate a commitment to ensure a high quality project that substantially supports the transit system and exceeds the standards and objectives of the TOD. 1. Location. Locate within close proximity to the rail stations. Although a range of densities is appropriate in a TOD, higher density is encouraged near the transit stations to provide convenient access to the station. 2. Parking Solutions. Provide structured parking, shared parking, district parking or other parking alternatives. In an urban compact environment, surface parking is not always compatible with the objectives of the TOD. Structured and shared parking alternatives are a more efficient use of space. 3. Open Space. Include usable open space beyond the percentage required. Plazas,pocket parks, squares and other open space can provide gathering places,passive recreation opportunities, or seating areas. Engaging public open space creates an inviting environment, brings activity to the street level and improves safety. 4. Public Art. Incorporate public art into the public spaces of the project. Public art can help create a sense of place and a positive experience for the public. Incorporating public art may be an opportunity to get local artists involved. Along with other amenities,public art helps create engaging spaces. 5. Ground Floor Transparency. Include ground floor transparency beyond the percentage required. Storefront windows provide visibility into active spaces inside the building, add visual interest for pedestrians and create a direct connection between public and private realms. The activity on the street contributes to public safety by placing "eyes on the street. " 6. Four-sided Architecture. Provide building articulation and high quality materials on all four sides of the building. Although the street side of a building may be most visible, other sides of the buildings may be visible in this urban and highly active area. Articulation on all four sides of the building shows a commitment to quality and recognizes that the building can be seen and experienced by the community at large. Staff Report—Elevate at Southwest Station July 6, 2017 Page 7 Ground floor building articulation is critical in creating a great street that welcomes and supports pedestrian activity by providing visual interest and a sense of security and community identity 7. Decorative Surface Material. Use decorative surface material in key areas. The use of various types and colors of surface material can help define spaces, add visual appeal through color and texture, draw people into and though a space, and complement the building architecture. 8. Class I Building Materials. Use all Class I building materials on multiple façades of the building. The use of high quality building materials gives the building a sense of permanence and durability. 9. Crime Prevention Through Environmental Design. Design spaces to enhance the safety of the environment. Safety is important to residents, visitors, employees, and transit riders. A design that applies the principles of natural surveillance, territoriality, and access control can reduce crime and increase a sense of safety. 10. Sustainable Elements. Incorporate sustainable elements beyond Building Code requirements such as a green roof or rainwater collection as discussed in the City's Design Guidelines. When an existing building is consistent with TOD standards, reuse all or a portion of an existing building. Incorporation of LEED elements into building construction. 11. Pedestrian and Bicycle Connection. Provide bicycle and pedestrian connections to nearby uses. As pedestrian oriented places with a rich mix of uses, creating a system of pedestrian and bicycle connections promotes safety and convenience. 12. Residential Uses. Incorporate residential uses that further the policies on Community Housing contained in the Comprehensive Plan. 13. Facade Articulation. Create a building that has a unique identity. For example, designing one residential building, where the facade reads as though the building is made up of several separate and distinct segments all tied together with a unifying element. This can be accomplished by incorporating various architectural styles and details and using a variety of dynamic colors, varied roof styles and façade articulation. 14. Landscaping. Provide landscaping that exceeds the requirements and promotes sustainable practices. Landscaping beyond the requirements can be used to soften hardscapes,provide shade,provide screening, add color and texture,positively impact the environment and enhance the pedestrian scale experience. 15. Lighting. Include pedestrian scale and decorative lighting. This type of lighting used in key locations can enhance the pedestrian experience, accentuate a site feature, lead users through a space and/or improve safety. Staff Report—Elevate at Southwest Station July 6, 2017 Page 8 PROJECT CONSISTENCY WITH PROPOSED TOD LANGUAGE The Elevate project details are consistent with the guiding principles of TOD development. The proposal creates a compact and dense environment next to transit facilities. In addition to the stacked residential and commercial nature of the building, there are a variety of uses within walking distance. There are offices, retail, restaurants, a park and open space, and transit within 1/4 mile of the site. The active location and rich mix of land uses provides the opportunity for people to live, work, shop, and obtain services more conveniently. The project supports multi- modal transportation and provides connectivity to existing pedestrian and bicycle facilities. The project is conveniently located next to SouthWest Transit and the future light rail station with pedestrian access. The building design and materials are consistent with the City of Eden Prairie Design Guidelines and contributes to the City's positive image. Designating the Elevate project to TOD is consistent with the criteria used to designate an area as TOD. The proposed project is a redevelopment site next to transit, existing commercial uses, and activity centers with the potential for connectivity to bicycle and pedestrian facilities and a supportive street network, and proximate to the park and open space areas. The density of the project meets the density requirements of the Comprehensive Plan. This is the maximum density allowed in a TOD. In the Comprehensive Plan language for TOD, there are a number of performance measures that the City will evaluate when considering a request for the maximum density. The Elevate project meets a number of the performance measures. Following is a summary of how the Elevate project is consistent with the proposed TOD language. • Location. The project is located approximately 500 feet from Southwest Transit. This project provides housing for hundreds of residents that can support the transit and the nearby businesses. The project is within walking distance of a mix of uses, employment opportunities and the transit services. • Parking Solutions. The proposal includes structured and shared parking parking. The structure parking includes private parking for the residential use and 36 stalls for public use. • Public Art. The proposal includes gateway/art pieces on the south side of the building along the paved walkway that connects the plaza area with the promenade in front of the retail spaces. Along with other site amenities, this will help create a sense of place and an engaging space. • Ground Floor Transparency. The applicant has included 44 percent transparency for the ground floor commercial space in an effort to activate the promenade in front of the businesses and add visual interest for pedestrians. This exceeds the requirement by 4%. Staff Report—Elevate at Southwest Station July 6, 2017 Page 9 • Four-sided Architecture. The building is visible from Technology Drive, Prairie Center Drive, the ramp to the highway and the adjacent uses. Therefore, all four sides of the building include articulation and high quality materials. • Decorative Surface Material. The Elevate project includes decorative pavement along the promenade in front of the retail spaces, in the plaza area near the street intersection and on the walkway that connects the promenade and the plaza. The decorative pavement will draw people into the site and provides a distinct pedestrian pathway through the site. • Class I Building Material. Several of the facades include 100% Class I building materials. • Crime Prevention Through Environmental Design. This area is extremely active, which provides more "eyes on the street" and increases the sense of safety. In addition to other site lighting, there will be pedestrian scale lighting to create a well-lit environment and increase safety. • Sustainable Elements. Beyond the sustainable elements required by the Building Code, the project includes a green roof, bike racks,permeable pavers in the parking lot, tree trench basins along the retail promenade, a rain cistern, landscaping with native plant species and interior finishes with low Volatile Organic Compound levels to improve indoor air quality and promote the use of environmentally responsible materials. • Pedestrian and Bicycle Connections. The site includes a pedestrian promenade in front of the retail spaces with a connection to a plaza out near the corner of Technology Drive and Prairie Center Drive. This area will provide a connection for pedestrians crossing the site to access the transit services. The plaza area out near the street intersection helps tie the project to the public realm. The pavement design,benches, and landscaping all create an engaging space that encourages street level activity. This plaza connects to the public path along Technology Drive and a public sidewalk along Prairie Center Drive providing access to a broader area. Bike racks are located throughout the site. In addition the site is connected to an efficient street system. • Residential Uses. The project includes a variety of unit types from one-bedroom to three- bedroom units. The project will include some affordable units. • Facade Articulation. The building facades include a variety of materials, colors, and textures. The project also includes wall deviations to create interesting views and spaces. • Landscaping. City Code requires 156 caliper inches of landscaping. The landscaping plan provides 226 caliper inches exceeding the City requirement by 45%. The landscaping plan also exceeds Code requirements by including native and pollinator species. The variety of species, colors, textures, and shapes adds to the depth and experience of the site. Staff Report—Elevate at Southwest Station July 6, 2017 Page 10 The height of the building and the number of stories is appropriate for a TOD in close proximity to transit. The intent is to create a dense compact environment to support transit. With limited acreage, density can only be achieved by building higher. PLANNED UNIT DEVELOPMENT The purpose of a Planned Unit Development(PUD) as stated in the City Code is to provide for a more creative and efficient approach to the use of land within the City; to allow variety in the types of environment available to people and distribution of overall density of population and intensity of land use where desirable and feasible; and provide for greater creativity and flexibility in environmental design. As a part of the PUD process, the applicant is seeking waivers to City Code requirements as outlined below. The project also proposes a number of elements that exceed City Code requirements that provides benefits and helps off set the waivers requested. These elements include: 1. Bicycle Parking: City Code requires 125 stalls be provided. This project proposes 175. Bike parking is provided for both public and private use. The private bike parking is located within the parking structure and public bike parking is provided along the commercial areas of the project. 2. Green Roof The green roof is one of several sustainable features provided as part of the project. The green roof is approximately 3500 square feet in size and will improve water quality. 3. Collection and Filtration of Water: Permeable pavers will be uses in the parking lot and the retail promenade. The pavers allow for a higher level of design, as well as, improve water quality. Rainwater collection will be provided via a cistern that will then be used to irrigate landscaping. 4. Public Art: Locations for public art are included in public areas. These art elements include custom bike racks and art sculptures. 5. Transparency. The ground floor retail does not front on a public street however the project incorporated this feature and exceeds City Code requirement by 4%. 6. Landscaping. The proposed landscaping exceeds City Code requirements through the number of plants provided as well as, incorporating variety to enhance the site and inclusion of native and pollinator species to positively impact the environment. 7. Sustainable Features. Sustainable features proposed include bike racks,permeable pavers, tree trench basins, green roof, rain cisterns, native plant species and indoor finishes to improve air quality. PLANNED UNIT DEVELOPMENT WAIVERS The following waivers are requested: 1. Parking Stall Length. City Code requires a parking stall length of 19 feet. Some of the parking stalls on site are proposed to be 18 feet in length. The reduced parking Staff Report—Elevate at Southwest Station July 6, 2017 Page 11 stall length is proposed in order to provide additional space for pedestrian areas in front of the retail spaces. This pedestrian area will not only activate the retail area but will serve as a connection to transit services for pedestrians entering the site from the Prairie Center Drive intersection. An 18' parking stall is functional. 2. Drive Aisle Width. City Code requires drive aisle widths of 25 feet. The project proposes some drive aisles at 24 feet in width. The reduced drive aisle width is functional and is proposed in order to provide additional space for pedestrian areas in front of the retail spaces. This pedestrian area will not only activate the retail area but will serve as a connection to transit services for pedestrians entering the site from the Prairie Center Drive intersection. 3. Parking. City Code requires 363 stalls and a private agreement with the adjacent property owner requires the project to provide 40 shared parking stalls for the adjacent property. This requires a total of 403 parking stalls. The total number of parking stalls proposed is 397. If not for the required 40 shared parking stalls, this site would exceed the TOD-R parking requirements by 34 stalls. In addition,parking in the adjacent ramp will be available after 6 pm and on weekends for the public. 4. Surface Parking Requirement. City Code requires that all parking be provided within a structure with the exception of residential visitor parking. The surface parking provided within this project will provide parking for the customers of the commercial spaces, as well as, the residential visitors. This waiver allows the project to fulfill its private obligations to provide shared parking for the adjacent property and also utilizes existing conditions on site. 5. Usable Open Space. The project proposes approximately 8%usable open space within the project. City Code requires 10%. In addition to the 8%provided, the applicant is proposing to construct and maintain site amenities within the right of way at the intersection of Technology Drive and Prairie Center Drive. This area will provide pedestrian connections to the trails and sidewalks that serve this property and adjacent properties; provide linkages to recreational, employment and transit uses; provide passive outdoor opportunities; and create a welcoming and visually interesting entrance into the project area. These off-site improvements will allow the site to function and feel to users as if the 10%usable open space requirement is met. The areas on site that are calculated in the usable open space are the dog park area, the retail promenade, on-site plaza area, and rooftop deck. 6. Building Stepback and Visually Distinct Floors. City Code requires a building stepback after 4 stories of building height in the TOD districts. The project proposes a building stepback after 5 stories rather than 4. The stepback requirement is in place for TOD developments in order to allow adequate light and air access to the street and neighboring properties. Because this project does not directly front the street there is less impact. Additionally, there are adequate setbacks from the property lines that allow for the proposed stepback to correspond to the context of the site environment. City Code also requires that the first 2 floors of a building in the TOD district to be visually distinct from the floors above. The project proposes a visually distinct first floor. The first floor is dedicated to retail/restaurant space and allows for a natural Staff Report—Elevate at Southwest Station July 6, 2017 Page 12 transition between it and the remaining residential floors. The project, as proposed, provides for pedestrian scale interest and massing which supports the intent of the visual distinction code language. 7. Projecting Sign. City Code currently does not allow for projecting signs. The project proposes two projecting signs that are approximately 3' x 18' in size. Signage of this style is acceptable in the TOD and Town Center areas as a means of allowing identification while supporting alternative designs in areas that will experience an intensification of uses. The adopted Town Center Design Guidelines include discussion of projecting/blade signs as a means of integrating signage into the overall scale of the building. SITE PLAN/PRELIMINARY PLAT • PARKING The project proposes surface parking and structured parking for the residential and commercial uses. The property is required by private agreement to provide 40 shared parking stalls for the adjacent property owner. City Code requirements for the TOD-R zoning district for the site is 363 parking stalls. Adding in the 40 shared parking stalls that are required for the adjacent property, a total parking requirement of 403 stalls exists. The site provides a total of 397 parking stalls (110 surface stalls and 287 structured spaces). Therefore a PUD waiver for 6 stalls is proposed. If not for the required 40 shared parking stalls, this site would exceed the TOD-R parking requirements by 34 stalls. As in other projects, the Development Agreement will contain language that will address the number and square footage of restaurant uses on site in order to address parking needs of the overall area. The site exceeds the requirement for bike parking provisions. Secure bike parking is provided within the structured parking area for the residents and bike racks are provided on site to support the commercial portion of the project. • SITE AMENITIES The site includes multiple site amenities to create an attractive site design, to enhance the pedestrian experience, to promote an active site with human interaction, and to enrich the human scale, particularly at the ground level. Pedestrian lighting is provided as decorative features along the store fronts and through the use of bollards along the pedestrian connections. The plaza area extending from the intersection of Prairie Center Drive and Technology Drive includes public art, seat walls, benches and the use of decorative surfaces. Some of these improvements are proposed within the City right of way. Agreements for encroachment agreement and installation/maintenance will need to be entered into between the City and the developer as part of the Development Agreement. The Development Agreement will also address the process for review and approval of the public art, including bike rack design, and installation. The site also includes a dog park area in support of the residential use on site. The dog park area includes a perimeter decorative fence. Staff Report—Elevate at Southwest Station July 6, 2017 Page 13 • TRAFFIC A traffic study was completed for the proposed development. The traffic study took into account both the proposed development and the changes that are planned as part of the Southwest LRT project. The proposed Elevate development is expected to generate approximately an additional 110 a.m peak hour, 60 midday peak hour and 110 p.m. peak hour trips compared to the existing uses it will replace. Results of the intersection analyses indicate that all study intersections are expected to operate acceptably in the full build condition(Elevate development and SWLRT). As part of the traffic study the internal site circulation was reviewed as vehicle queuing and site circulation challenges have been observed under existing condition during the midday peak hour. The conclusion of this review was that the additional trips generated by the Elevate development are not expected to significantly impact site operations. This is in part due to the proposed access changes that will occur with the SWLRT project. With the opening of the central Southwest Station access it is anticipated that the number of vehicles utilizing the eastern Southwest Station access will slightly decrease in the midday peak hour full build condition (Elevate development and SWLRT) compared to existing midday volumes. One item that was noted with the proposed site plan is that the vast majority of traffic coming to and from the site will need to make a short s-movement between the main Southwest Station drive aisle and the drive aisle along the west side of the proposed Elevate building. This movement and the number of vehicles expected to make the movement could complicate internal site circulation operations. One alternative that staff has recommended is to adjust the Elevate parking garage access to better align with the closed off access on the north end of the existing Southwest Station ramp. Adjusting the Elevate parking garage access along with opening the back side of the Southwest Station ramp would provide a simplified and improved access to the Elevate parking garage and reduce the number of vehicles that would be required to make the short s-movement. The development team has reviewed this recommendation and indicated that the access to the parking garage will need to remain as it is currently located until the interior structure of the building is finalized as the column locations will determine whether or not relocating the entrance is feasible. They have acknowledged the preferred location from a circulation point of view and have indicated they will try to incorporate at a later date. • STORMWATER The majority of the existing and proposed site currently drains to an existing regional stormwater pond maintained and operated by the tenants of the Southwest Station campus. As part of the submittal, the applicant surveyed and analyzed the treatment efficiency and flood capacity of the existing pond to account for sedimentation since construction. Under current conditions, the pond is functioning well above our current wet pond design standards. Using a variety of green infrastructure techniques, the proposed project is showing a net reduction in impervious surfaces. The City's post construction stormwater requirements for redevelopment are based on a non-degradation principal. The reduction in impervious surfaces Staff Report—Elevate at Southwest Station July 6, 2017 Page 14 from existing conditions meets the overall intent of reducing total stormwater volume, as well as improving water quality from site runoff by reducing total suspended solids and phosphorus. The existing stormwater pond coupled with the reduction of impervious surfaces onsite meets the City's stormwater requirements. In addition to the City's requirements, the applicant has incorporated a series of Stormwater Best Management Practices (BMPs)to meet the requirements of the Riley Purgatory Bluff Creek Watershed District(RPBCWD). The design utilizes a green roof,pervious pavements, engineered tree trenches, and a stormwater reuse system in order to further reduce the volume leaving the site. The applicant continues to work with the staff on details related to the BMP design particulars as well as the proximity of groundwater to the lowest floor of the building. A land alteration permit will be required prior to grading to ensure that temporary BMPs are in place to prevent construction related erosion and sediment loss. • CONSTRUCTION STAGING The applicant has provided a construction phasing plan for review by the City. A preliminary response to the plan has been provided to the applicant. The City and the applicant will continue to work through the details associated with the construction staging of the site and the Development Agreement will contain any specific requirements related to construction routes, access points, etc. It is the City's expectation that site construction activities will have minimal impact to the public right-of-way and its users. The applicant has also been made aware that improvements to Technology Drive will be necessary prior to the issuance of the land alternation permit. In addition, site construction activities will need to be coordinated with Southwest LRT construction which is expected to be constructed concurrently with the development. Final site restoration of area bordering or impacted by SWLRT construction may be delayed as a result of SWLRT construction. • SIGNS All sign permits will require review and approval through the sign permit process. Through the PUD process, the applicant is seeking a waiver to allow the projecting signs as depicted in the plans. If this waiver is approved, a sign permit will be reviewed subject to the City's standard review process for these signs. • SITE LIGHTING The photometric plan submitted by the applicant did not comply with the 0.5 footcandle requirement. The applicant is in the process of revising this plan to comply with City requirements. Staff recommends that a compliant photometric plan be submitted to the City prior to review by the City Council. • LANDSCAPING PLAN Staff Report—Elevate at Southwest Station July 6, 2017 Page 15 The landscaping plans for the overall project exceed the requirements provided in City Code. The landscape species include grasses,perennials, trees, and shrubs introducing a varying colors, heights and landscape textures to the site. In addition, native species are proposed. As with all development projects, City staff will continue to work with the applicant to identify species appropriate for the site and suitable locations for those species. • ARCHITECTURAL STANDARDS/BUILDING MATERIALS The proposal meets the requirements for Class I and Class II exterior materials per façade of City Code. The project also includes roofline and wall deviations and articulations. Treatments such as canopies and light fixtures are also proposed as depicted in the architectural plans. Materials that include a variety of textures and colors are provided and a sample board of building materials will be available for viewing at the Planning Commission meeting. The site exceeds the transparency requirements along the retail fronts and creates primary entrances at ground level for the commercial spaces, as well as, the residential use. • SUSTAINABLE FEATURES The development includes the use of the following sustainable features: 1. Bike racks promoting alternative transportation methods; 2. Permeable pavers in parking lot to reduce impervious area and reduce runoff; 3. Tree trench basins to increase run off infiltration; 4. A 3,500 square foot green roof adjacent to the rooftop deck for residents; 5. Rain cistern to capture storm water and reuse it for site irrigation; 6. Native plant species in the landscaping to promote water conservation techniques; 7. Interior finishes will have low Volatile Organic Compound levels to improve indoor air quality and promote the use of environmentally responsible materials; and 8. Work with local power company(ies) to evaluate mechanical and electrical systems to maximize efficiency. STAFF RECOMMENDATIONS Recommend approval of the following request: 1. Guide Plan Change from Regional Commercial to Transit Oriented Development (TOD) on 2.93 acres. 2. Planned Unit Development Concept Review on 2.93 acres 3. Planned Unit Development District Review with waivers on 2.93 acres 4. Zoning District Change from Commercial Regional Services (Com-Reg-Ser) to TOD- R on 2.93 acres 5. Site Plan Review on 2.93 acres 6. Preliminary Plat of two lots into one lot on 2.93 acres This is based on plans stamp dated June 30, 2017, the staff report dated July 6, 2017, and the following conditions: Staff Report—Elevate at Southwest Station July 6, 2017 Page 16 1. Prior to the City Council public hearing, the proponent shall: A. Provide a photometric plan that complies with the City requirements, including but not limited to the 0.5 footcandle requirement. 2. The applicant shall be required to obtain required permits from the City of Eden Prairie, the Riley Purgatory Bluff Creek Watershed District, and all other appropriate agencies. 3. Prior to release of the Final Plat, the proponent shall: A. Provide an easement for pedestrian purposes and maintaining a 5 foot clear zone for pedestrians along the retail promenade to provide connections from the public right of way to the adjoining property to create connections to the transit services. 4. Prior to Land Alteration Permit issuance, the proponent shall: A. Submit detailed storm water runoff, utility and erosion control plans for review by the City Engineer and Watershed District. B. Obtain and provide documentation of Watershed District approval. C. Notify the City and Watershed District 48 hours in advance of grading. D. Install erosion control and tree protection fencing at the grading limits of the property for review and approval by the City Engineer and City Forester. 4. Prior to building permit issuance for the property, the proponent shall: A. Provide a landscaping surety equivalent to 150% of the cost of the landscaping plan for review and approval. 4. The following waivers have been granted through the PUD District Review for the property: A. Parking stall length of 18 feet in locations as shown on June 30, 2017 site plans. City Code requires 19 feet. B. Drive aisle width of 24 feet in locations as shown on June 30, 2017 site plans. City Code requires 25 feet. C. Parking. The site provides 397 stalls including 40 stalls required through private agreement. City Code and private agreement require 403 parking stalls. D. Surface Parking. The site provides 111 surface parking stalls. City Code requires all parking to be provided via structured parking. E. Usable Open Space. The site provides 8%usable open space. City Code requires 10%usable open space. Staff Report—Elevate at Southwest Station July 6, 2017 Page 17 F. Building Stepback and Visually Distinct Floors. The project provides for a stepback after 5 floors. City Code requires a stepback after 4 floors. The project provides for a visually distinct first floor. City Code requires the first two floors be visually distinct. G. Projecting Signs. The project proposes 2 signs perpendicular to the building, 3'x18' in size and in locations shown on the June 30, 2017 plans. City Code requires signs to be parallel to the building. 5. All signage shall require review and approval of a sign permit. Location Map: Elevate Address: 12900 and 12950 Technology Drive Eden Prairie, MN 55344 Technology Drive Highway #5/212 - Prairie Center Drive SITE 0 � Technology DrivJ N 0 170 340 680 Feet I I I I I I I I 1 Guide Plan Map: Elevate Address: 12900 and 12950 Technology Drive Eden Prairie, MN 55344 0*,- ,..'• iip .......... • :.e.....e...... . A ••ito *A•tiiiii_0.. Nit gli 44'; * • ♦• 41, -11 City of eden Prairie Land Use Guide Pla i ► H . p 2000-2030 Rural Residential 0.10 Units/Acre Neighborhood Commercial N Low Density Residential 0-2.5 Units/Acre —i 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 Fa,—B Minor Arterial DATE Approved 03-19-03 DATE Revised 12-06-06 n Medium Density Residential/Office - Park/Open Space —Major Collector DATE Revised 01-07-05 DATE Revised 03-01-07 DATE Revised 11-07-05 DATE Revised 06-01-07 EDEN I High Density Residential 10-40 Units/Acre Public/Quasi-Public DATE Revised 02-23-06 DATE Revised 10-01-07 Minor Collector DATE Revised 03-23-06 DATE Revised 03-01-08 nAirport Golf Course DATE Revised 06-23-06 DATE Revised 03-01-09 Office - Church/Cemetary PRAIRIE Y// Office/Industrial Open Water LIVE•WORK•DREAM M 2 Office/Public/Open Space Right-Of-Way 340 170 O ogamm�Me mo1.m_o.„®1�XnpneB1 1 ..o4r E 340 Feet - Industrial Q CityLimits Guide Plan Map: Elevate Address: 12900 and 12950 Technology Drive Eden Prairie, MN 55344 ,..:.,..-- INEWPRII iii111111111111111111111111 t Location of Proposed Guide Plan Map Change from 'a Regional Commercial to ' • ����lr��' � Transit Oriented Development 04.4".4 Nit _dadiel ijamt////// Mt i'. ,, 1 'Pr / / irill • 41� 1 r� City of eden Prairie Land Use Guide Pla i ► H . p 2000-2030 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/Acre22°41 Town Center Fla,-B Minor Arterial DATE Approved 03-19-03 DATE Revised 12-06-06 n Medium Density Residential/Office - Park/Open Space —Major Collector DATE Revised 01-07-05 DATE Revised 03-01-07 DATE Revised -23-06 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 LIVE WORK DREAM 2 Office/Public/Open Space Right-Of-Way 340 170 M O ogamm�Me mo1.m_..„®1�XnpneB1 1 ..o4r340 EFe'et - Industrial Q CityLimits Zoning Map - Elevate 12900 and 12950 Technology Drive Eden Prairie, MN 55344 15 t i 911111111111111..- 4°PIP Highway 5/212 Technology Drive SITE f ,:, ,‘„ Prairie Center Drive 0111qhp. Technology Drive II City of Eden Prairie Zoning Map =Rural -Regional Commercial Shoreland Management Classifications N R1-44 One Family-44,000 sf.min. -TC-C I NE I Natural Environment Waters R1-22 One Family-22,000 sf min. -TC-R I RD I Recreational Development Waters R1-13.5 One Family-13,500 sf min. MITC-MU I GD I General Development Waters(Creeks Only) el/, R1-9.5 One Family-9,500 sf min. -Industrial Park-2Acre Min, ® 100- Year Floodplain EDEN RM-6.5 Multi-Family-6.7 U.P.A.max. ^Industrial Park-5Acre Min. -RM-2.5 Multi-Family-17.4 U.P.A.max.-General Industrial-5 Acre Min. Up dated through approved Ordinances#26-2008 Office l l Public Ordinance#33-2001(BFI Addition)approved,but not shown on this map edition PRAIRIE Neighborhood Commercial 1-1 GolfCourse Date:March 1,2009 Community Commercial l I Water In case of discrepancy related to a toning classitmaaon on this zoning map,the Ordinance LIVE•WOAK•DAEAM and attached legal description on file at Eden Paine Ciry Center will prevail. -Highway Commercial l I Right of Way -Regional Service Commercial QCityLimits 0 0,075 0.15 Miles wa_o..m..=m_..I.o.. _ ti o Aerial Map: Elevate Address: 12900 and 12950 Technology Drive Eden Prairie, Minnesota 55344 sfimmisoL. - A •, a T Technology Drive 9 Highway 5/212 ' .. a ��74 00. mot: @�' '.•\ - as r <. ,,,�ti. ice. �-- �. �® t!p *•,/ 7:kr' ,....,,"% -* : ,ate Oar . �� : -ela l9ea V• z a _a �M �aMes�r ire a �� SI T �� A� ;! I ._;. 6 ..igtMlli II' Ill.-! , I �� * '", A a . .„. T ^ a r ^ a ^a h— a .�� Prairie Center Drive '��^ ' - � t ao •men °n, Ire Pr_ s QP.'-,,. 4kB — fte,R<•e te, lei° 1A ,*e Technology Drive /- _ 1''' $1,, �m� A . . it ' y.�i, 14:F r fit. ar ill Fs lF - E r / r '-'s .5<r. 0 170 340 680 Feet UNAPPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY,JULY 10, 2017 7:00 P.M., CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: John Kirk, Travis Wuttke, Ann Higgins, Charles Weber, Andrew Pieper, Ed Farr, Mark Freiberg, Michael DeSanctis, Christopher Villareal CITY STAFF: Julie Klima, City Planner Rod Rue, City Engineer Matt Bourne, Manager of Parks and Natural Resources Julie Krull, Recording Secretary I. CALL THE MEETING TO ORDER Chair Pieper called the meeting to order at 7:00 p.m. II. PLEDGE OF ALLEGIANCE — ROLL CALL Higgins and Wuttke were absent. IIII. APPROVAL OF AGENDA MOTION: Kirk moved, seconded by Weber, to approve the agenda. Motion carried 7- 0. IV. MINUTES A. PLANNING COMMISSION MEETING HELD ON JUNE 26, 2017 MOTION: Weber moved, seconded by DeSanctis, to approve the Planning Commission minutes dated June 26, 2017. Motion carried 7-0. V. INFORMATIONAL MEETINGS VI. PUBLIC MEETINGS VII. PUBLIC HEARINGS A. ELEVATE PLANNING COMMISSION MINUTES July 10, 2017 Page 2 Request for: • Guide Plan Change from C-Reg-Ser to TOD on 2.93 acres • Planned Unit Development Concept Review on 2.93 acres • Planned Unit Development District Review with waivers on 2.93 acres • Zoning District Change from C-Reg-Ser to TOD-R on 2.93 acres • Site Plan Review on 2.93 acres • Preliminary Plat of two lots into one lot on 2.93 acres Scott Carlston, resident of 8150 Drexel Court and representing the project, presented the proposal. He stated the last time he was before the Commission was for Martin Blu project. He said his company is committed to keeping young professionals here in Eden Prairie and that is why they are here tonight for the Elevate at Southwest Station project. Mr. Carlston pointed out this is a challenging project and they have partnered with Timberland Partners to create a beautiful development in this area. Ryan Sailer, Vice President of Development for Timberland Partners, discussed the project in more detail. He stated they wanted to create a cohesive project. Mr. Carlston had assembled the parcels and they are co-developing the project. Timberland Partners is a real estate investment firm which owns and manages apartment units so they have experience in developing and managing apartment complexes such as this project. Mr. Sailer also pointed out they will be long term investors in this development. Elevate will consist of 222 apartment units, with a portion of these being affordable units. This will also be a mixed use project where there will be 2 full service restaurants and 1 to 2 retail stores on the first level. In regards to parking there will be 397 parking units; 287 will be in the garage and 110 will be surface stalls. Because it is TOD, they are supplying 175 bike parking spaces. Mr. Sailer pointed out the project will be 500 feet from the proposed LRT and next to the Southwest Station and across the street from the City park. Some of the resident amenities include a rooftop area, fitness center and a dog spa area. In regards to green design, there is 3500 square feet of green space on the roof. They will also have a rain water collection system located in the garage which will be used for irrigation. Permeable pavers will be in the parking lot and the apartment units will have energy saving appliances. Mr. Sailer said they have worked with the City, the LRT office and the Watershed District on project discussions and will continue throughout the project. In regards to scheduling of this project, Mr. Sailer said they would like to get this approved by the City Council in August and then have it approved by the Metropolitan Council in October. The target date for construction would be November 2017. Colin Kaas, architect for the project, showed how the LRT will wrap around this development and also different features for the project. He pointed out the plaza on this site along Prairie Center Drive and Technology Drive. He stated there will be a full service restaurant located in the area with outdoor seating. There will also be an outdoor nature area, trees for streetscape, and an outdoor roof area for activities. PLANNING COMMISSION MINUTES July 10, 2017 Page 3 They would also like a classy look on all sides of the building because it will be seen on all sides. They have spent time on lighting as they want to make it the focal point in the evenings. Freiberg said he is familiar with the lot and said he knows the design of this project was not an easy task for this area. He asked the project proponent if any retailers have expressed interest in the development. Mr. Sailer said he has not had any retailers express interest but is not concerned that the space will get filled. Freiberg commented it was good to see the developer is setting aside 20% for affordable units. DeSanctis asked what preventative measures are being taken to address soil conditions on the site. Mr. Sailer said there will be supportive units put into place as they are aware of the soil conditions. Chair Pieper asked Klima to review the staff report. Klima said this proposed project would include the development of a Transit Oriented Development(TOD)project that would integrate both residential and commercial development. The City views this project as the opportunity site for redevelopment as there were previous talks the SWLRT project office about the preferred location for the parking ramp expansion to allow for development potential. The project also provides an opportunity to move pedestrians through this site and to transit services. Klima pointed out in regards to the TOD development, they are requesting to re-guide the property to TOD. In August of 2016, the City adopted the TOD Zoning District regulations. As a part of the Comprehensive Plan Amendment to re-guide the property to TOD, a text amendment to the Comprehensive Plan is necessary to establish the dialogue supporting the TOD land use designation. There is a proposed comprehensive plan language in the staff report to address TOD development generally and then specifically for the Southwest Station area. It is anticipated with the Aspire Eden Prairie 2040 effort that additional language will be drafted related to the other TOD areas throughout the community. Klima utilized the overhead projector to show where the plaza area would be located to draw pedestrians into the site and into the retail area, which in turn would move them into the parking ramp. As part of this development, it will incorporate benches, public art, decorative bike racks and decorative surface to enhance the plaza and area. All of these things will create a welcoming feel. The retail promenade will also move people through the site. The developer is requesting PUD approval with 6 waivers. Staff recommendation is for approval. In regards to park dedication, the City is working with the project proponent. DeSanctis had a comment in regards to pedestrian access between the park and retail centers to the south and east of the property development. He stated his concern is when 222 residential units are constructed along with eating PLANNING COMMISSION MINUTES July 10, 2017 Page 4 establishments and are across the road from a beautiful park there is an issue with transit between the park, retail center and housing with respect to the elderly, handicapped and children. He would like to know what the City is doing to address this issue, such as building bridge across Technology Drive. Klima said as part of the LRT project there will be improvements to the area and intersection. She pointed out any improvement and access will have to be ADA compliant. Kirk stated this project is intriguing because the area has historically had parking and traffic flow problems and asked what has been discussed on this issue. Klima said the City staff is aware of the traffic issues, specifically during the noon hour. The development is also aware and is working to attract users that will compliment rather than duplicate existing uses on site. In addition, after 6 pm the parking garage would be open for public use. Kirk asked if the City is comfortable with the parking plan. Klima stated staff is comfortable with the plan. Villareal asked if the pick-up station for Southwest Transit is to be expanded. Klima showed where the drop-off areas would be for the LRT and Southwest Station. Rue stated on this site there will be LRT improvements. There is a bus and an LRT platform. The entrance off of Technology Drive would be full access with left hand turns, but there would not be a signal at that intersection. Weber stated that could potentially be a problem. Rue said there will be some reduction in traffic there as Culver's will be gone. Weber said it is difficult to drive east and west in the parking lot. Rue said there were some recommendations to this area to alleviate some traffic issues. There will also be two access points to get out of the parking ramp versus just the one which is there now. Farr said in regards to the designation of the TOD zoning district and what it would be rezoned to, he said the three options discussed were TOD-R, TOD-MU, and TOD-E. Building off of Commissioner Weber's comment, Farr questioned if the TOD-MU would be more appropriate than TOD-R. Klima commented that TOD- MU and TOD-R are very similar in performance standards. The intention behind TOD-R is because there is more significant impact with the residential use than mixed use for this project. Farr said staff gave adequate answers to support TOD-R Farr asked if this project is contingent on the LRT coming into the area. Klima said since the site is already served by a bus station, it qualifies as a TOD area. Villareal asked if there will be plans for electrical vehicle charging stations. Mr. Sailer said they have not put that into the plan yet. Villareal asked how many garbage stalls would there be and will the retailers have access to them. Mr. Sailer said there will be 3 garbage containers and 2 recycling containers and the retailers will have access to these. PLANNING COMMISSION MINUTES July 10, 2017 Page 5 Farr asked in regards to delivery vehicles and moving vans how will this work. Mr. Sailer said they will have the ability to stage the timing on this. Chair Pieper opened the meeting up for public input. Jeff Strate, resident of 15021 Summer Hill Drive and member of the Southwest Light Rail Transit Advisory Committee, stated he applauds the project and would like to see it get approved. Farr said in regards to parking, there may be a demand for reserve parking signs and he would like this thought out prior to construction versus being an afterthought. In regards to service parking, perhaps they could be color coded to show what retail areas they may belong to. Farr stated the project proponent did a great job on façade design but he would like a main identifier for the entrance to the apartment unit. He also asked, in regards to the parking ramp, that previously has been a focal point and now it will be hidden by this project; has there been a concern regarding signage by the Southwest Station. Klima said signage for the transit services will be addressed with the SWLRT project. Farr said overall, this is a great project. Kirk concurred with Farr and commented the project blends in with the City's vision. Freiberg concurred and said it was a great project for the City. Klima stated if this project moves forward this evening she recommends language addressing park dedication payments be added to the motion. Villareal commented he would like to see electrical vehicle chargers set up on this project. Farr said he would like to build on that concern because there will be a demand for these in the future. Mr. Carlston said in Martin Blu they did put in two stalls and currently they are not being used. Chair Pieper stated he is in favor of this project. MOTION: Kirk moved, seconded by Villareal, to close the public hearing. Motion carried 7-0. MOTION: Kirk moved, seconded by Weber, to recommend approval of the Guide Plan Change from C-Reg-Ser to TOD on 2.93 acres; Planned Unit Development Concept Review on 2.93 acres; Planned Unit Development District Review with waivers on 2.93 acres; Zoning District Change from C-Reg-Ser to TOD-R on 2.93 acres; Site Plan Review on 2.93 acres and Preliminary Plat on two lots into one lot on 2.93 acres; TOD Comp Plan language; and finalization of park dedication fee based on final, PUD and TIF agreements, based on plans stamp dated June 30, 2017 and the information included in the staff report dated July 6, 2017. Motion carried 7-0. VIII. PLANNERS' REPORT PLANNING COMMISSION MINUTES July 10, 2017 Page 6 IX. MEMBERS' REPORT X. CONTINUING BUSINESS XI. NEW BUSINESS XII. ADJOURNMENT MOTION: Weber moved, seconded by Freiberg, to adjourn the Planning Commission meeting. Motion carried 7-0. Chair Pieper adjourned the meeting at 8:35 p.m. TIMBERL ND FFTN ERS Elevate at Southwest Station Eden Prairie, MN 1, p ... i' -11 I. -- I I ! 0 I. • I� ' "" ti !11 1 iii !_!1�-II li "- III 1 1 ?= I 11 1I -•.. !' r - r 11 11 - !� ?1 fr * III t!! U III 1`■ r. ■■ 1 ■ !! ■ !■ II ® I 91! LA 11 1 1111 I 11! 111 II II �!� 1 1 111 rr n •�• 1. 1! p !I . !1! ' !! ,; !! 1 1 1i1 ,. ... -- '1 -- .- U m II Il IR ♦ III III . ,II II I III 1 h . �. --- RETAIL :�Erat .. _---.- CAFE �r g 6AEF GFE J . III + L 9 P ] r• jig K ''' .7 mil i err ; I:,:1 :I ■ !T� : ., Il -hi.d ..-i _ 4 11!11 � Development Timberland Partners Role: Co-Developer, Owner, and Property Manager Contact: Ryan C. Sailer - Vice President of Development Scott Carlston Role: Co-Developer, Owner Kaas Wilson Architects Role: Project Architect Contact: Collin Kaas & Griffin Jameson Civil Site Group Role: Civil Engineer Frana Companies Role: General Contractor TIMBERLAND Elevate at Southwest Station V V aas so PARTNERS Transit Oriented Development - Eden Prairie, MN l arcWihitectns Timberland • Real estate investment, development, and property management firm • Based in Bloomington, MN • Private company founded in 1992 • Own and manage over 60 apartment communities totaling over 12,000 units in 12 states (2,897 in MN includes 1 ,780 units in the Twin Cities Metro) • Personally been involved in the development of over 2,500 units totaling more than $360 million in total development costs • Timberland ONLY manages properties that we own TIMBERLAND Elevate at Southwest Station V V aas PART E Transit Oriented Development Wilson Eden Prairie, MN � architects Project Total Apartments = 222 Unit Mix: • Studios = 64 • One-bedrooms = 96 • One + den = 19 • Two-bedrooms = 38 • Two-story Penthouses = 5 • 20% of units affordable at 50% AMI • Additional 5% of units affordable at 80% AMI • Initial 3rd party market analysis projects sufficient demand to absorb 14 units/month upon opening in 2019 TIMBERLAND Elevate at Southwest Station V V aas Wilson PARTNERS Transit Oriented Development - Eden Prairie, MN � architects Project Total Retail Space = Approximately 13,266 SF Desired Tenant Mix: • Two Full-service restaurants • One or Two additional retail tenants to compliment residential and surrounding uses Parking - Auto • 397 Total Stalls • 287 contained within 2.5 level underground parking garage • 110 surface stalls Parking - Bicycle • 175 spaces provided TIMBERLAND Elevate at Southwest Station V V aas Wilson PARTNERS Transit Oriented Development - Eden Prairie, MN A architects Project • 500 feet from SW LRT Station • Adjacent to SW Transit Station • Connection to Purgatory Creek Park • Within 1 mile of large area employers • Great proximity to transit, freeway system, shopping, and recreation • Adjacent to new public plaza TIMBERLAND Elevate at Southwest Station V V aas Wilson PARTNERS Transit Oriented Development - Eden Prairie, MN � architects Resident • Two-story resident entrance lobby with package storage • Rooftop patio with spa, outdoor kitchen, lounge seating, and lawn games • Fitness Center/Fitness on Demand • Rooftop lounge with kitchen and pub area • Coffee Bar • Dog spa • Dog run • Dedicated underground parking TIMBERLAND Elevate at Southwest Station V V aas Wilson PARTNERS Transit Oriented Development - Eden Prairie, MN � architects Green Design • 3,500 SF green roof • Rainwater cistern to capture stormwater for site irrigation • Participate in Xcel Energy Design Assistance • Tree trench basins to increase run off infiltration • Permeable pavers in parking lot • Low VOC interior finishes • Energy star appliances and low-flow plumbing fixtures TIMBERLAND Elevate at Southwest Station V V aas Wilson PARTNERS Transit Oriented Development - Eden Prairie, MN architects CooperationEngagement Compliments to city staff for their input, patience, and cooperation • Design • Staging Intense cooperation with the Southwest LRT project office • Project timing • Staging Support & Permission from adjacent property owners • Consent to use • Parking Riley Purgatory Bluff Creek Watershed District Hennepin County & Met Council TIMBERLAND Elevate at Southwest Station V V aas Wilson PARTNERS Transit Oriented Development - Eden Prairie, MN architects Project • City Approvals - August 2017 • Met Council Comp Plan Amendment - October 2017 • Close on Land & Financing - November 2017 • Start Construction - November 2017 • 100% Construction Completion - Spring 2019 TIMBERLAND Elevate at Southwest Station V V aas Wilson PARTNERS Transit Oriented Development - Eden Prairie, MN architects , , _ f_ :,,...,„..... \ . ....1,„ •,_. 4 '‘R TRACTIP' ... ,, o ‘'),,,,a- ii—joH iii-Cill*, Av ‘ •. k— ------_____ _......imitb., / „----40.....„-- ..Air\.-„---_- ,,, ',,6--;1"'" or ;,....(4. — N4'0- • . s ,....7. 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RI 11 1 111 i Ai1 ! !! 111 MI ■ II ■ • I �� � RETAIL .. RETAIL >.�.,�,,; 1 -. .._: .- .. ti mow .. .. in / lilt e.,- f. Ali i ' r-- - Ai - ', kin or , . . . , , . 7,. *ikik*... - . ,, 111.1 — MI ke, ' :• Ill 46 • , mg hi :: . . , 1 . _. . iiiii � - f ""' - ' �T i c� a 'dt TIMBERLAND Elevate at Southwest Station ‘ 7A ' aas Wilson PARTNERS Transit Oriented Development - Eden Prairie, MNarchitects CITY COUNCIL AGENDA DATE: SECTION: Public Hearings August 8, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Parks & Recreation Code Amendment—Shade Tree Disease Control IX.B. Jay Lotthammer Requested Action Move to: • Close the Public Hearing; and • Approve First Reading of an Ordinance Amending City Code Chapter 9 Relating to Shade Tree Disease Control. Synopsis Chapter 9 of the City Code contains the City of Eden Prairie's Shade Tree Disease Control requirements. With the discovery of EAB in Eden Prairie, staff believes there is a need to revise the current regulations to reflect current conditions. Staff has prepared draft text language for the Council to consider based on feedback and direction from the Council and Parks &Natural Resources Commission. The redlined version of these changes is attached for the Council's reference. The primary proposed changes include: • Addition of emerald ash borer to the list of public nuisances. • Define a Procedure for Removal for trees infested with EAB • Update inspection procedures Other housekeeping changes reflecting current practices and correcting grammatical or typographical errors are also proposed as a part of the update. Attachments • Red-lined version of proposed amendments • Final version of proposed amendments I SECTION 9.70. SHADE TREE DISEASE PEST CONTROL. Source: Ordinance No.6-89 Effective Date: 4-6-89 Subd. 1. Declaration of Policy. The Council has determined that the health of the trees is threatened by tree diseascspests. It is further determined that the loss of trees growing upon public and private property would substantially depreciate the value of property within the City and impair the safety,good order,general welfare and convenience of the public. It is declared to be the intention of the Council to attempt to control and attempt to I prevent the spread of these diseases pests and this Section is enacted for that purpose. Subd. 2. Public Nuisances Declared. The following are public nuisances whenever they may be found within the City: A. Any living or standing elm tree or part thereof infected to any degree with the Dutch Elm disease fungus Ceratocystic Ophiostoma ulmi(Buisman)Moreau or Ophiostoma novo-ulmi Brasier or which harbors any of the elm bark beetles Scolytus multistriatus(Eichh)or Hylurgopinus rufipes(Marsh). B. Any dead elm tree or part thereof including logs,branches,stumps,firewood or other elm material,the bark of which has not been removed. C. Any living or standing oak tree or part thereof infected to any degree with the Oak Wilt disease fungus Ceratocystis fagacearum. D. Any living or dead ash tree,whether standing or fallen,or part thereof infested to any degree with emerald ash borer. It is unlawful for any person to permit any public nuisance as defined in this Subdivision on any premises owned or controlled by him within the City. Such nuisances shall be abated in the manner prescribed by this Section. Subd. 3. Fo. sterTree Inspector. The position of Forester is hereby created within the City. The Forester shall be certified by the Commissioner of Agriculture of the State of Minnesota. It is the duty of the ForesterThe City Manager may appoint a tree inspector to coordinate under the direction and control of the City ManagerDirector of Parks and Recreation all activities of the City relating to the control and prevention of Dutch Elm and Oak Wilt diseasestree pests. The City ManagerDirector of Parks and Recreation shall recommend to the Council City Manager the details of any program for the control and prevention of said diseases pests and enforce or cause to be enforced the duties incident to such a program adopted by the Council. The term "tree inspector" includes any person designated by the City Manager or the tree inspector to carry out activities authorized in this section. Source: City Code Effective Date: 9-17-82 Subd. 4. Notice of Inspection, r ti r .. stigati a T tin Each year, prior to any inspection of diseased trees on private property,published notice shall be given to residents that tree inspections will take place on private property within the City on an intermittent basis throughout the season. The Forester shall cause all premises and places within the City,except those situated south of County Road 1 or south of State Highway 5 and west of County Road 1,to be inspected as often as practicable to determine whether any condition described in Subdivision 2 of this Section exists thereon and to have investigated and tested all reported incidents of such public nuisances.Except as provided in Subdivision 6,whenever a tree inspector determines with reasonable certainty that a public nuisance, as described by this ordinance, is being maintained or exists on premises in the City, the tree inspector is authorized to abate a public nuisance according to the procedures in this Subdivision. A. The tree inspector will notify in writing the owner of record or occupant of the premises that a public*.................... Formatted:List Paragraph,Numbered+Level: nuisance exists and order that the nuisance be terminated or abated.The notice may be given in person or 1+Numbering Style:A,B,C,...+Start at:1+ by mail.Failure of any party to receive the mail does not invalidate the service of the notice.A copy of the Alignment:Left+Aligned at: 0.25"+Indent notice shall be filed in the records of the Department of Parks and Recreation. at. 0.5" *............... [Formatted:List Paragraph B. The notice of abatement shall state and describe the property affected;state that if removal has not taken Formatted:List Paragraph,Numbered+Level: place the City as a remedial action will remove or cause removal of such tree;that all costs thereof will be 1+Numbering Style:A,B,C,...+Start at:1+ billed to the property owner payable within thirty(30)days;that if payment is not received,the costs will Alignment:Left+Aligned at: 0.25"+Indent be assessed against the property from which such tree is removed pursuant to and in accordance with Minn. at. 0.5" Stat. §429.101 or any similar provision hereinafter enacted; inform the property owner of the right to a hearing before the City Manager or the Manager's designee to appeal the notice in accordance with Subd. 4;and inform the property owner that upon filing of a timely appeal,the time to comply with the notice is stayed pending a decision by the City Manager or the City Manager's designee on the appeal. The notice shall specify the control measures to be taken to abate the nuisance,and state the amount of time to abate the nuisance in accordance with Subdivision 6.The notice will also state that the owner or occupant has the right to appeal the determination that a public nuisance exists by submitting a request in writing to the City Clerk within seven(7) days after service of the notice, or before the date by which abatement must be completed,whichever comes first and if not so filed that the right to appeal is waived. In the interest of justice or to comply with time requirements and on his own motion or the motion of the party appealing, the City Manager or City Manager's designee may adjourn the hearing to a more convenient time or place; but such time or place shall be fixed and determined before adjournment so as to avoid the necessity for formal notice of reconvening.The City Manager or City Manager's designee may affirm,amend or reverse all or any portion of the notice and shall set a new deadline for compliance if the order to remove the tree is affirmed. Formatted:List Paragraph C. Service of Notice. The notice required in Subparagraph B above shall be given by one of the followings Formatted:List Paragraph,Numbered+Level: methods: 1+Numbering Style:A,B,C,...+Start at:1+ 1. By mail to the last known address of the owner of the property as determined by the tax records of. Alignment:Left+Aligned at: 0.25"+Indent the County of Hennepin;or at: 0.5" 2. By personal delivery of the notice to the affected property owner as determined by the tax records Formatted:List Paragraph,Numbered+Level: of the County of Hennepin or by leaving the notice with a person of suitable age and discretion 2+Numbering Style:1,2,3,...+Start at:1+ upon the premises;or Alignment:Left+Aligned at: 0.75"+Indent 3. By publishing in the official paper once a week for two successive weeks, the last publication at: 1" occurring not more than fourteen(14)days and not less than seven(7)days before the removal date:or 4. By service of a copy in a manner provided for service of a Summons for District Courts in the State of Minnesota., —r Formatted:Font:(Default)Times New Roman, 10 pt Source: Ordinance No.11-85 Effective Date: 9-26-85 Subd. 5. Abatement of Tree Disease-Pest Nuisances. If no timely appeal is submitted,and the control measures prescribed in the notice of abatement are not complied with within the time provided by the notice or any additional time granted, the tree inspector or designated person shall have the authority to obtain permission to enter the property and carry out abatement in accordance with the notice of abatement. In abating the nuisance defined in Subdivision 2, the infected tree or wood shall be removed and burned or otherwise effectively treated so as to destroy and prevent as fully as possible the spread of the dis ascpest. Such abatement procedures shall be carried out in accordance with current technical and expert methods and plans as may be designated by the Commissioner of Agriculture of the State of Minnesota and with the approval of appropriate City officials. Source: City Code Effective Date: 9-17-82 Subd. 6. Abatement Procedure in Event of Imminent Danger., [Formatted:Font:Not Bold Formatted:Font:Not Bold A. If the tree inspector determines that the danger of infestation to other shade trees is imminent or delay in'7 _ Formatted:List Paragraph,Numbered+Level: control measures may put public health, safety or welfare in immediate danger, the tree inspector may 1+Numbering Style:A,B,C,...+Start at:1+ provide for abatement without following Subdivision 4 and 5.The tree inspector must make a reasonable \ Alignment:Left+Aligned at: 0.25"+Indent attempt to provide written notice to the owner or occupant of the affected property of the intended action. \ at: 0.5" The notice shall also inform the owner or occupant of the right to appeal the abatement and any cost Formatted:Font:(Default)Times New Roman, recovery by filing an appeal with the City Manager within five(5)business days of the date of the notice in 10 pt accordance with the procedures set forth in Subdivision 4 B. Formatted:Font:Bold Formatted:List Paragraph B. clothing in this Section shall prevent the City,without notice or other process,from immediately abating'[Formatted:Font:(Default)Times New Roman,1 any condition that poses an imminent and seriousshazard to human life and safety., 10 pt Subd. 7. Procedure for Removal of Infected Trees and Wood. Whenever the Forester tree inspector finds that \, Formatted:List Paragraph,Numbered+Level: 1+Numbering Style:A,B,C,...+Start at:1+ any of the infestations defined in Subdivision 2 exist in any tree or wood in any public or private place, they shall \\ Alignment:Left+Aligned at: 0.25"+Indent proceed as follows: \\\ at: 0.5" \\ Formatted:Font:(Default)Times New Roman, A. Dutch Elm Disease. When a tree is infected with Dutch Elm disease, the Forester tree inspector shall \ 10 pt determine whether the infected elm is a high-risk tree or a low-risk tree. High-risk elm trees shall be those trees that are dead,barren,or have extensive wilt(thirty percent(30%)or more). Low-risk trees shall be Formatted:Font:(Default)Times New Roman, those trees showing less than thirty percent(30%)infection. 10 pt,Bold 1. High-Risk Elm Trees. High-risk elm trees shall be identified and marked in a distinctive manner to indicate their high-risk status. High-risk elm trees located on public property shall be removed within twenty (20) days of identification. High-risk trees located on private property shall be removed within twenty(20)days of notification of the property owners pursuant to Subdivision 6,144. 2. Low-Risk Elm Trees. Low-risk elm trees located on public property shall be identified,marked, and removed within twenty(20)days of identification, if reasonably possible,but no later than February 28. Low-risk elm trees located on private property shall be identified, marked, and removed by the November 30 first occurring after notice is given to the property owner pursuant to Subdivision 6.D.of this Section44. B. Oak Wilt. Those trees in the red oak group infected with oak wilt disease shall be identified, marked, and/or girded and removed by the November 30 first occurring after notice is given to the property owner pursuant to Subdivision 6,1;$4. The trees in this group are the northern red oak(Quercus rubra);northern pin oak(Quercus ellipsoidalis);black oak(Quercus veluntina);and scarlet oak(Quercus coccinea). C. Emerald Ash Borer. Ash trees infested with emerald ash borer (EAB) shall be identified, marked and removed in the following manner: 1. Marked between May 1 and September 30. Trees marked during the EAB active period shall be. Formatted:List Paragraph,Numbered+Level: removed between September 30 and December 1 of that year.If immediate removal is necessary due 1+Numbering Style:1,2,3,...+Start at:1+ to a hazardous condition: Alignment:Left+Aligned at: 0.5"+Indent at: a. Chip at least outer 1 inch of bark/wood into chips no greater than 1 inch in two dimensions'.--- ,0.75" and transport to the nearest facility that can quickly process the material. Formatted:List Paragraph,Numbered+Level: b. Transport at least outer 1 inch of bark/wood in a vehicle that is 100%enclosed to a facility 2+Numbering Style:a,b,c,...+Start at:1+ that can quickly process the material. Material should remain enclosed until it can be at a Alignment:Left+Aligned at: 1"+Indent at: minimum chipped. 1.25' 2. Marked between October 1 and April 30. Trees marked during the EAB dormant period should be-...................... Formatted:List Paragraph,Numbered+Level: removed within twenty(20)days of notification of the property owner pursuant to Sudivision 4.Outer 1+Numbering Style:1,2,3,...+Start at:1+ 1 inch of bark/wood should be transported to a facility where it will be processed prior to May 1., Alignment:Left+Aligned at: 0.5"+Indent at: 0.75" CD. Removal by City and Assessment. All dead or diseased infested/infected trees,including any above ground f Formatted:Font:(Default)Times New Roman, parts thereof on private property,which are not removed within the time limits provided for herein,shall be 10 pt removed or caused to be removed by the City. All costs of such removal shall be paid by the owner of the property within thirty(30)days of the date of submission of a bill; and if not paid within such time,the costs of removal shall be assessed against the property pursuant to and in accordance with Minnesota Statutes S129.101 or any similar provision hereafter enacted. D. Notice. Once a diseased tree has been identified and marked on private property,notice shall be given by-. Formatted:Widow/Orphan control,Tab stops: the City to the affected property owner.The notice shall state and describe the property affected;order and -1",Left+ -0.5",Left+ 0",Left+ 0.5",Left + 1",Left+ 1.5",Left+ 2",Left+ 2.5",Left + 5",Left+ 5.5",Left+ 4",Left+ remedial action will remove or cause removal of the diseased tree;that all costs thereof will be billed to the .5",Left + 5",Left+ 5.5",Left+ 6",Left+ 6.5",Left property owner payable within thirty(30)days;that if payment is not received,the costs will be assessed against the property from which such diseased tree is removed pursuant to and in accordance with Minn. Stat *Section 429.101 or any similar provision hereinafter enacted;inform the property owner of the right to a hearing before the Council to appeal the notice in accordance with Subd.6(F);and inform the property the Council on the appeal. Source: Ordinance No.16-2008 Effective Date: 6-26-2008 E. Service of Notice. The notice required in Subparagraph D above shall be given by one of the following methods: 1. By mail to the last known address of the owner of the property as determined by the tax records of the County of Hennepin;or 2. By personal delivery of the notice to the affected property owner as determined by the tax records of the County of Hennepin or by leaving the notice with a person of suitable age and discretion upon-the-promiseser 3. By publishing in the official paper once a week for two successive weeks, the last publication date; or 1. By service of a copy in a manner provided for service of a Summons for District Courts in the F. The person served with the notice set forth in Section 9.70,Subd.6(D)is entitled to a full h aring before person may present any evidence he deems pertinent to the appeal,but the City shall not be required to keep a verbatim record of the proceedings. The Mayor,or other officer presiding at the h aring,may,in appealing,the City Manager,or a member of the Council,adjourn the hearing to a more convenient time or place;but such time or place shall be fixed and determined before adjournment so as to avoid the necessity notice and shall set a new deadline for compliance if the order to remove the tree is affirmed. Source: Ordinance No. 16-2008 Effective Date: 6-26-2008 Subd. 7. Assessments. In all cases in which trees are removed or caused to be removed from private property by which such trees have been removed pursuant to and in accordance with Minnesota Statutes S129.101 or any similar provision hereafter enacted. Such assessments shall be paid with interest,in installments,and within a period not to exceed five(5)years from the date of the assessment. Subd. 8. Spraying-Treating and Pruning Trees!. Whenever it is determined that any tree or wood within the City --1 Comment[MB1]:Keep this section? is infested by any disease or insects as described in Subdivision 2,the Forester tree inspector may order the owners (as determined by the tax records of the County of Hennepin) of all nearby high value trees to prune and/or to cpraytreat the same with an effective preventive concentrate in a manner approved by the City Manager. Upon failure to comply with such an order,the City may proceed forthwith to take appropriate action. Spraying Treatment activities authorized by this Subdivision shall be conducted in accordance with technical and expert methods and plans of the Commissioner of Agriculture,with the approval of appropriate City officials,and under the supervision of the Commissioner and his agents whenever possible. Notice shall be given as provided in Subdivision 6; Subparagraph E4. Source: Ordinance No. 11-85 Effective Date: 9-26-85 Subd. 9. Transporting Certain Types of Wood Prohibited. It is unlawful for any person to transport within the City any bark-bearing elm wood or wood infested by disease or insects without having obtained a permit from the City Manager,who shall grant such permits when the purposes of this Section will be satisfied. Subd. 10. Reporting Discovery of Tree DiseasePest. Any owner or occupier of land or any person engaged in tree trimming or removal who becomes aware of the existence of a tree disease pest as defined in Subdivision 2 shall report the same to the City. Subd. 11. Interference Prohibited. City personnel may enter upon private premises at any reasonable time to carry out the purposes of this Section. It is unlawful for any person to prevent,delay or interfere with City personnel while they are engaged in the performance of duties imposed by this Section. Source: City Code Effective Date: 9-17-82 SECTION 9.70. SHADE TREE PEST CONTROL. Source: Ordinance No.6-89 Effective Date: 4-6-89 Subd. 1. Declaration of Policy. The Council has determined that the health of the trees is threatened by tree pests. It is further determined that the loss of trees growing upon public and private property would substantially depreciate the value of property within the City and impair the safety, good order, general welfare and convenience of the public. It is declared to be the intention of the Council to attempt to control and attempt to prevent the spread of these pests and this Section is enacted for that purpose. Subd. 2. Public Nuisances Declared. The following are public nuisances whenever they may be found within the City: A. Any living or standing elm tree or part thereof infected to any degree with the Dutch Elm disease fungus Ophiostoma ulmi (Buisman) or Ophiostoma novo-ulmi Brasier or which harbors any of the elm bark beetles Scolytus multistriatus or Hylurgopinus rufipes. B. Any dead elm tree or part thereof including logs,branches,stumps,firewood or other elm material,the bark of which has not been removed. C. Any living or standing oak tree or part thereof infected to any degree with the Oak Wilt disease fungus Ceratocystis fagacearum. D. Any living or dead ash tree,whether standing or fallen, or part thereof infested to any degree with emerald ash borer. It is unlawful for any person to permit any public nuisance as defined in this Subdivision on any premises owned or controlled by him within the City. Such nuisances shall be abated in the manner prescribed by this Section. Subd. 3. Tree Inspector. The City Manager may appoint a tree inspector to coordinate under the direction and control of the Director of Parks and Recreation all activities of the City relating to the control and prevention of tree pests. The Director of Parks and Recreation shall recommend to the City Manager the details of any program for the control and prevention of said pests and enforce or cause to be enforced the duties incident to such a program adopted by the Council. The term "tree inspector" includes any person designated by the City Manager or the tree inspector to carry out activities authorized in this section. Source: City Code Effective Date: 9-17-82 Subd. 4. Notice of Inspection. Except as provided in Subdivision 6, whenever a tree inspector determines with reasonable certainty that a public nuisance,as described by this ordinance,is being maintained or exists on premises in the City, the tree inspector is authorized to abate a public nuisance according to the procedures in this Subdivision. A. The tree inspector will notify in writing the owner of record or occupant of the premises that a public nuisance exists and order that the nuisance be terminated or abated. The notice may be given in person or by mail. Failure of any party to receive the mail does not invalidate the service of the notice. A copy of the notice shall be filed in the records of the Department of Parks and Recreation. B. The notice of abatement shall state and describe the property affected; state that if removal has not taken place the City as a remedial action will remove or cause removal of such tree;that all costs thereof will be billed to the property owner payable within thirty(30) days; that if payment is not received, the costs will be assessed against the property from which such tree is removed pursuant to and in accordance with Minn. Stat. § 429.101 or any similar provision hereinafter enacted; inform the property owner of the right to a hearing before the City Manager or the Manager's designee to appeal the notice in accordance with Subd. 4; and inform the property owner that upon filing of a timely appeal,the time to comply with the notice is stayed pending a decision by the City Manager or the City Manager's designee on the appeal. The notice shall specify the control measures to be taken to abate the nuisance, and state the amount of time to abate the nuisance in accordance with Subdivision 6. The notice will also state that the owner or occupant has the right to appeal the determination that a public nuisance exists by submitting a request in writing to the City Clerk within seven (7) days after service of the notice, or before the date by which abatement must be completed, whichever comes first and if not so filed that the right to appeal is waived. In the interest of justice or to comply with time requirements and on his own motion or the motion of the party appealing, the City Manager or City Manager's designee may adjourn the hearing to a more convenient time or place; but such time or place shall be fixed and determined before adjournment so as to avoid the necessity for formal notice of reconvening. The City Manager or City Manager's designee may affirm,amend or reverse all or any portion of the notice and shall set a new deadline for compliance if the order to remove the tree is affirmed. C. Service of Notice. The notice required in Subparagraph B above shall be given by one of the following methods: 1. By mail to the last known address of the owner of the property as determined by the tax records of the County of Hennepin;or 2. By personal delivery of the notice to the affected property owner as determined by the tax records of the County of Hennepin or by leaving the notice with a person of suitable age and discretion upon the premises;or 3. By publishing in the official paper once a week for two successive weeks, the last publication occurring not more than fourteen (14) days and not less than seven (7) days before the removal date;or 4. By service of a copy in a manner provided for service of a Summons for District Courts in the State of Minnesota. Source: Ordinance No. 11-85 Effective Date: 9-26-85 Subd. 5. Abatement of Tree Pest Nuisances. If no timely appeal is submitted, and the control measures prescribed in the notice of abatement are not complied with within the time provided by the notice or any additional time granted, the tree inspector or designated person shall have the authority to obtain permission to enter the property and carry out abatement in accordance with the notice of abatement. In abating the nuisance defined in Subdivision 2, the infected tree or wood shall be removed and burned or otherwise effectively treated so as to destroy and prevent as fully as possible the spread of the pest. Such abatement procedures shall be carried out in accordance with current technical and expert methods and plans as may be designated by the Commissioner of Agriculture of the State of Minnesota and with the approval of appropriate City officials. Source: City Code Effective Date: 9-17-82 Subd. 6. Abatement Procedure in Event of Imminent Danger. A. If the tree inspector determines that the danger of infestation to other shade trees is imminent or delay in control measures may put public health, safety or welfare in immediate danger, the tree inspector may provide for abatement without following Subdivision 4 and 5. The tree inspector must make a reasonable attempt to provide written notice to the owner or occupant of the affected property of the intended action. The notice shall also inform the owner or occupant of the right to appeal the abatement and any cost recovery by filing an appeal with the City Manager within five(5)business days of the date of the notice in accordance with the procedures set forth in Subdivision 4 B. B. Nothing in this Section shall prevent the City, without notice or other process, from immediately abating any condition that poses an imminent and serious hazard to human life and safety. Subd. 7. Procedure for Removal of Infected Trees and Wood. Whenever the tree inspector finds that any of the infestations defined in Subdivision 2 exist in any tree or wood in any public or private place, they shall proceed as follows: A. Dutch Elm Disease. When a tree is infected with Dutch Elm disease, the tree inspector shall determine whether the infected elm is a high-risk tree or a low-risk tree. High-risk elm trees shall be those trees that are dead,barren, or have extensive wilt(thirty percent(30%)or more). Low-risk trees shall be those trees showing less than thirty percent(30%)infection. 1. High-Risk Elm Trees. High-risk elm trees shall be identified and marked in a distinctive manner to indicate their high-risk status. High-risk elm trees located on public property shall be removed within twenty (20) days of identification. High-risk trees located on private property shall be removed within twenty(20)days of notification of the property owners pursuant to Subdivision 4. 2. Low-Risk Elm Trees. Low-risk elm trees located on public property shall be identified, marked, and removed within twenty (20) days of identification, if reasonably possible, but no later than February 28. Low-risk elm trees located on private property shall be identified, marked, and removed by the November 30 first occurring after notice is given to the property owner pursuant to Subdivision 4. B. Oak Wilt. Those trees in the red oak group infected with oak wilt disease shall be identified, marked, and/or girded and removed by the November 30 first occurring after notice is given to the property owner pursuant to Subdivision 4. The trees in this group are the northern red oak (Quercus rubra); northern pin oak(Quercus ellipsoidalis);black oak(Quercus veluntina);and scarlet oak(Quercus coccinea). C. Emerald Ash Borer. Ash trees infested with emerald ash borer (EAB) shall be identified, marked and removed in the following manner: 1. Marked between May 1 and September 30. Trees marked during the EAB active period shall be removed between September 30 and December 1 of that year. If immediate removal is necessary due to a hazardous condition: a. Chip at least outer 1 inch of bark/wood into chips no greater than 1 inch in two dimensions and transport to the nearest facility that can quickly process the material. b. Transport at least outer 1 inch of bark/wood in a vehicle that is 100% enclosed to a facility that can quickly process the material. Material should remain enclosed until it can be at a minimum chipped. 2. Marked between October 1 and April 30. Trees marked during the EAB dormant period should be removed within twenty(20) days of notification of the property owner pursuant to Sudivision 4. Outer 1 inch of bark/wood should be transported to a facility where it will be processed prior to May 1. D. Removal by City and Assessment. All dead or infested/infected trees, including any above ground parts thereof on private property, which are not removed within the time limits provided for herein, shall be removed or caused to be removed by the City. All costs of such removal shall be paid by the owner of the property within thirty (30)days of the date of submission of a bill; and if not paid within such time,the costs of removal shall be assessed against the property pursuant to and in accordance with Minnesota Statutes Section 429.101 or any similar provision hereinafter enacted. Such assessments shall be paid with interest, in installments, and within a period not to exceed five(5)years from the date of the assessment. Subd. 8. Treating and Pruning Trees. Whenever it is determined that any tree or wood within the City is infested by any disease or insects as described in Subdivision 2, the tree inspector may order the owners (as determined by the tax records of the County of Hennepin) of all nearby high value trees to prune and/or treat the same with an effective preventive concentrate in a manner approved by the City Manager. Upon failure to comply with such an order, the City may proceed forthwith to take appropriate action. Treatment activities authorized by this Subdivision shall be conducted in accordance with technical and expert methods and plans of the Commissioner of Agriculture, with the approval of appropriate City officials, and under the supervision of the Commissioner and his agents whenever possible. Notice shall be given as provided in Subdivision 4. Source: Ordinance No. 11-85 Effective Date: 9-26-85 Subd. 9. Transporting Certain Types of Wood Prohibited. It is unlawful for any person to transport within the City any bark-bearing elm wood or wood infested by disease or insects without having obtained a permit from the City Manager,who shall grant such permits when the purposes of this Section will be satisfied. Subd. 10. Reporting Discovery of Tree Pest. Any owner or occupier of land or any person engaged in tree trimming or removal who becomes aware of the existence of a tree pest as defined in Subdivision 2 shall report the same to the City. Subd. 11. Interference Prohibited. City personnel may enter upon private premises at any reasonable time to carry out the purposes of this Section. It is unlawful for any person to prevent,delay or interfere with City personnel while they are engaged in the performance of duties imposed by this Section. Source: City Code Effective Date: 9-17-82 CITY COUNCIL AGENDA DATE: SECTION: Public Hearings August 8, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: Vac. 17-02 ITEM NO.: Denise Christensen Vacation of a Part of the Drainage and Utility IX C Easement On Lot 1, Block 4, The Enclave At Old Public Works/Engineering Shady Oak(Resolution) Requested Action Move to: • Close the public hearing; and • Adopt the Resolution vacating that part of the East 26.25 feet of the West 36.25 feet of Lot 1, Block 4, THE ENCLAVE AT OLD SHADY OAK, Hennepin County, Minnesota, lying between the North 10 feet and the South 10 feet of said Lot 1. Synopsis The Property Owner has requested the vacation of a part of the approximately 36-foot drainage and utility easement on the west portion of Lot 1, Block 4, The Enclave At Old Shady Oak. Background Information The drainage and utility easements were originally dedicated with the plat of The Enclave At Old Shady Oak. The approximately 36 foot drainage and utility easement on the west side of the lot was meant to cover storm drainage utilities which are not needed and were never installed. Since there will be no need for the easement in the future, the owners are requesting the easement be reduced to 10 feet which is in line with the other lots in the subdivision. Attachments • Resolution • Location Map • Site Plan • Published Notice • Notification List CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2017- VACATION OF A PART OF THE DRAINAGE AND UTILITY EASEMENT AS DEDICATED ON LOT 1,BLOCK 4, THE ENCLAVE AT OLD SHADY OAK, HENNEPIN COUNTY, MINNESOTA VACATION 17-02 WHEREAS, the City of Eden Prairie has a certain Drainage and Utility Easement described as follows: That part of the East 26.25 feet of the West 36.25 feet of Lot 1, Block 4, THE ENCLAVE AT OLD SHADY OAK, Hennepin County, Minnesota, lying between the North 10 feet and the South 10 feet of said Lot 1. WHEREAS, a Public Hearing was held on August 8, 2017, after due notice was given to affected property owners and published in accordance with M.S.A. 412.851; and WHEREAS, the Council has been advised by City Staff that the proposed vacation of the above described Drainage and Utility Easement has no relationship to the comprehensive municipal plan; and WHEREAS, it has been determined that the said Drainage and Utility Easement is not necessary and has no interest to the public, therefore, should be vacated. NOW, THEREFORE,BE IT RESOLVED by the Eden Prairie City Council as follows: 1. Said Utility Easement described above is hereby vacated. 2. The City Clerk shall prepare a Notice of Completion of Proceedings in accordance with M.S.A. 412.851. ADOPTED by the Eden Prairie City Council on August 8, 2017. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk ,. .. " Is , , ':::::, 11 I N N D - D ', i N D ....\„:. 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S Se C Aas te, • - i i, i . i - � i i n i ./� 10 3 „. 0 - s ' CO 'A o / 1 nWN TuV IS * eV VACATION 17-02 NOTICE OF VACATION OF PART OF THE DRAINAGE AND UTILITY EASEMENT AS DEDICATED ON THE PLAT OF THE ENCLAVE AT OLD SHADY OAK OVER LOT 1, BLOCK 4, HENNEPIN COUNTY, MINNESOTA Notice is hereby given that a public hearing will be held before the Eden Prairie City Council at the Eden Prairie City Hall, 8080 Mitchell Road, Eden Prairie, Minnesota, on August 8, 2017 at 7:00 p.m. to hear all persons present upon the proposed vacation of the utility easement described as follows: That part of the East 26.25 feet of the West 36.25 feet of Lotl, Block 4, The Enclave At Old Shady Oak Hennepin County, Minnesota, lying between the North 10 feet and the South 10 feet of said Lot 1. By Order of the City Council Published in the Eden Prairie News on July 20, 2017. NOTIFICATION LIST VACATION REQUEST 17-02 A copy of the Public Hearing Notice has been sent to owners of the following parcels: 02-116-22-11-0033 02-116-22-11-0062 02-116-22-11-0063 02-116-22-11-0064 02-116-22-11-0069 02-116-22-11-0076 A copy of the Public Hearing Notice has been sent to the following Utilities: CenterPoint Energy Century Link Communications Comcast Cable Xcel Energy CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims August 8, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Sue Kotchevar, Office of the Payment of Claims X. City Manager/Finance Requested Action Move to: Approve the Payment of Claims as submitted(roll call vote). Synopsis Checks 254359 - 254876 Wire Transfers 1017420 - 1017623 Wire Transfers 6180 - 6220 Purchasing Card 6206 City of Eden Prairie Council Check Summary 8/8/2017 Division Amount Division Amount 63,285 304 Senior Board 88 100 City Manager 234 308 E-911 473 101 Legislative 17,026 309 DWI Forfeiture 225 102 Legal Counsel 17,784 315 Economic Development 1,417,380 110 City Clerk -87 445 Cable PEG 1,079 111 Customer Service 9,916 502 Park Development 5,430 112 Human Resources 5 509 CIP Fund 449,673 113 Communications 20,675 513 CIP Pavement Management 863 114 Benefits&Training 3,266 522 Improvement Projects 2006 20,622 130 Assessing 636 529 Shady Oak Rd-CR 61 South 233,125 131 Finance 802 804 100 Year History 150 132 Housing and Community Services 12,300 Total Capital Projects Fund 2,129,107 133 Planning 5,944 136 Public Safety Communications 3,272 601 Prairie Village Liquor 185,238 137 Economic Development 1,512 602 Den Road Liquor 341,270 138 Community Development Admin. 110 603 Prairie View Liquor 240,858 150 Park Administration 134 605 Den Road Building 5,537 151 Park Maintenance 49,910 701 Water Enterprise Fund 305,724 153 Organized Athletics 690 702 Wastewater Enterprise Fund 363,636 154 Community Center 32,458 703 Stormwater Enterprise Fund 23,100 155 Beaches 155 Total Enterprise Fund 1,465,363 156 Youth Programs 15,074 157 Special Events 50,269 802 494 Commuter Services 31,567 158 Senior Center 3,285 803 Escrow Fund 83,688 159 Recreation Administration 249 806 SAC Agency Fund 22,365 160 Therapeutic Recreation 941 807 Benefits Fund 1,194,619 162 Arts 15,351 810 Workers Comp Insurance 123,880 163 Outdoor Center 1,327 811 Property Insurance 10,898 164 Park Rental Facilities 198 812 Fleet Internal Service 88,395 168 Arts Center 4,705 813 IT Internal Service 56,089 180 Police 39,242 814 Facilities Capital ISF 21,824 184 Fire 39,019 815 Facilites Operating ISF 50,419 186 Inspections 3,056 816 Facilites City Center ISF 115,111 200 Engineering 203 817 Facilites Comm.Center ISF 60,562 201 Street Maintenance 77,917 Total Internal Svc/Agency Funds 1,859,417 202 Street Lighting 170,970 Total General Fund 661,832 Report Total 6,615,517 301 CDBG 25,160 303 Cemetary Operation 559 312 Recycle Rebate 36,823 Total Special Revenue Fund 62,542 433 2007A Facility Lease-3rd Rink 850 439 G.O.Refunding Bonds 2011C 20,843 441 2012A G.O.Refunding Bonds 58,528 442 2012B G.O.Refund Capital Imp 31,803 443 2012C GO Penn Impr Ref Bonds 53,600 446 2014A G.O.TAX ABATEMENT BO1 271,631 Total Debt Service Fund 437,255 City of Eden Prairie Council Check Register by GL 8/8/2017 Check# Amount Supplier/Explanation Account Description Business Unit Comments 254394 449,495 GENERAL GROWTH PROPERTIES INC TIF Payment TIE-HO Properties 1st half TIF pymt 254827 333,073 METROPOLITAN COUNCIL ENVIRONMENTAL SERVI MCES User Fee Wasterwater Collection Wastewater Fee Aug17 6207 324,481 WELLS FARGO BANK MINNESOTA NA Interest 2014A G.O.TAX ABATEMENT BONDS Bond payments 6199 282,271 ULTIMATE SOFTWARE GROUP,THE Federal Taxes Withheld Health and Benefits Payroll Taxes 1017447 282,186 EP CONSOLIDATED PROPERTIES LLC TIE Payment TIE-Eden Shores Senior Housing 1st half TIF pymt 6213 280,333 ULTIMATE SOFTWARE GROUP,THE Federal Taxes Withheld Health and Benefits Payroll Taxes 1017609 236,276 MINNESOTA DIRT WORKS INC Improvements to Land Capital Maint.&Reinvestment Round Lake Park Improv. 254643 233,125 EVINE LIVE INC Right of Way&Easement Shady Oak Rd-CR 61 South Final acquisition pymt for Shady Oak 1017574 192,201 XCEL ENERGY Electric Street Lighting Electric bill multi location 6211 169,568 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA 254385 168,498 DOMINIUM TIF Payment TIF-Heights at Valley View 1st half TIF pymt 6203 163,948 SELECT ACCOUNT HSA Health and Benefits HSA EE and ER 6197 161,906 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA 254451 150,423 TE MILLER DEVELOPMENT LLC TIF Payment TIF-Lincoln Parc Apts 1st half TIF pymt 254367 140,016 BMO HARRIS BANK N.A TIF Payment TIF-Town Center-Windsor Plaza 1st half TIF pymt 254456 127,498 WATERS SENIOR LIVING TIF Payment TIF-Rolling Hills Sr Hsg 1st half TIF pymt 254822 123,880 LEAGUE MN CITIES INS TRUST Workers Comp Insurance Workers Comp Insurance Q1 work comp pymt 6189 108,074 WELLS FARGO BANK MINNESOTA NA Interest 2012B GO Refund Capital Improv Bond payments 1017526 104,136 XCEL ENERGY Electric Street Lighting Electric bill multi location 6180 91,109 MINNESOTA DEPT OF REVENUE Sales Tax Payable Prairie View Liquor Store 1017565 70,178 NORTHWEST ASPHALT Other Contracted Services Capital Maint.&Reinvestment 6206 64,827 US BANK Small Tools Stormwater Collection 254862 62,500 TRUE FRIENDS Deposits Escrow 254453 52,362 UNITED PROPERTIES TIF Payment TIF-Superior Office Crt 254665 45,886 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store 254846 44,682 REHBEIN'S AGRICULTURAL SERVICES Lime Residual Removal Water Treatment 254743 39,940 3M Capital Under$25,000 Capital Maint.&Reinvestment 254814 38,983 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store 1017521 38,390 VIKING ELECTRIC SUPPLY Machinery&Equipment Capital Maint.&Reinvestment 254737 38,210 WARNING LITES Contracted Striping Traffic Signs 254534 35,514 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store 1017613 34,607 SRF CONSULTING GROUP INC Design&Engineering EP Rd Connect to Flying Cloud 1017514 33,654 REPUBLIC SERVICES#894 Other Contracted Services Recycle Rebate 1017606 32,446 LOGIS LOGIS Wastewater Accounting 1017610 31,880 MINNESOTA ROADWAYS CO Improvements to Land Capital Maint.&Reinvestment 254444 30,666 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store 254406 30,380 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store 254825 29,113 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating 1017600 27,604 DIVERSE BUILDING MAINTENANCE Janitor Service Public Works/Parks 1017446 26,662 DIVERSE BUILDING MAINTENANCE Janitor Service Prairie Village Liquor Store 254830 25,000 MINNESOTA TITLE Refunds CDBG-Public Service 254847 25,000 RES SPECIALTY PYROTECHNICS INC Other Contracted Services July 4th Celebration 6195 24,732 MINNESOTA DEPT OF REVENUE Sales Tax Payable Historical Culture 6215 24,034 EMPOWER Deferred Compensation Health and Benefits 6201 23,823 EMPOWER Deferred Compensation Health and Benefits 254713 22,975 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Wine-Incentives Prairie Village Liquor Store 254854 22,390 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store 254550 22,141 METROPOLITAN COUNCIL Other Revenue SAC Agency Fund Check# Amount Supplier/Explanation Account Description Business Unit Comments 254397 21,604 GRAYMONT Treatment Chemicals Water Treatment 254800 21,554 GRAYMONT Treatment Chemicals Water Treatment 254370 20,943 BREAKTHRU BEVERAGE MINNESOTA BEER LLC Liquor Product Received Prairie Village Liquor Store 254485 20,719 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store 254853 20,584 SOUTH METRO PUBLIC SAFETY TRAINING FACIL Other Contracted Services Public Safety Training Facilit 1017605 20,411 GREGERSON ROSOW JOHNSON&NILAN LTD Legal Legal Criminal Prosecution 254813 20,306 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store 254584 20,290 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store 254620 19,877 BREAKTHRU BEVERAGE MINNESOTA BEER LLC Liquor Product Received Prairie View Liquor Store 1017533 19,012 GREENSIDE INC Contract Svcs-Lawn Maint. City Hall-CAM 254792 18,900 FINLEY BROS INC Other Contracted Services Capital Maint.&Reinvestment 254618 18,836 BOLTON&MENK INC Design&Engineering Improvement Projects 2006 254481 18,783 BREAKTHRU BEVERAGE MINNESOTA BEER LLC Liquor Product Received Prairie Village Liquor Store 254436 18,710 PRAIRIE PARTNERS SIX LLP Waste Disposal Prairie Village Liquor Store 6218 18,386 LIFE INSURANCE COMPANY OF NORTH AMERICA Life Insurance EE/ER Health and Benefits 1017452 18,260 HANSEN THORP PELLINEN OLSON Design&Engineering Stormwater Capital 6214 18,055 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits 6200 17,875 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits 254663 17,246 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store 254533 17,169 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store 254514 17,135 GRAYMONT Treatment Chemicals Water Treatment 254438 14,683 PRAIRIEVIEW RETAIL LLC Building Rental Prairie View Liquor Store 6219 14,538 I-494 CORRIDOR COMMISSION Deposits 494 Corridor Commission 254405 14,437 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store 254464 14,050 ALLIED BLACKTOP CO Other Contracted Services Economic Development Fund 254482 13,760 BREAKTHRU BEVERAGE MINNESOTA WINE&SPIR Liquor Product Received Prairie Village Liquor Store 6190 13,731 RADIANT SYSTEMS Bank and Service Charges Prairie View Liquor Store 254624 13,340 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store 254378 13,284 COLUMBINE TOWNHOMES TIF Payment TIF-COLUMBINE ROAD HOUSING 1017619 13,222 USA SECURITY Maintenance Contracts Utility Operations-General 1017623 12,906 XCEL ENERGY Electric Water Supply(Wells) 1017497 12,028 DAKOTA SUPPLY GROUP INC Repair&Maint.Supplies Water Metering 6186 11,800 US BANK-CREDIT CARD MERCHANT ONLY Bank and Service Charges Finance 254760 11,537 BREAKTHRU BEVERAGE MINNESOTA WINE&SPIR Liquor Product Received Prairie View Liquor Store 254448 11,427 ST.PAUL PORT AUTHORITY Deposits Escrow 254381 11,384 COMMERCIAL ASPHALT CO Patching Asphalt Street Maintenance 254413 11,270 LAVAN FLOOR COVERING Contract Svcs-General Bldg Facilities Capital 254699 11,226 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store 1017507 10,957 MINNESOTA EQUIPMENT Machinery&Equipment Fleet-Park&Rec 1017618 10,807 US HEALTH WORKS MEDICAL GRP MN,PC Health&Fitness Fire 254763 10,666 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store 6192 10,598 I-494 CORRIDOR COMMISSION Deposits 494 Corridor Commission 254824 10,268 MACDONALD&MACK ARCHITECTS LTD Other Contracted Services Heritage Preservation 254373 10,038 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store 254621 9,678 BREAKTHRU BEVERAGE MINNESOTA WINE&SPIR Liquor Product Received Prairie View Liquor Store 6181 9,307 SELECT ACCOUNT HSA Health and Benefits 254840 9,245 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store 254759 9,212 BREAKTHRU BEVERAGE MINNESOTA BEER LLC Liquor Product Received Prairie View Liquor Store 254798 9,117 GENERAL REPAIR SERVICE Equipment Parts Water Treatment 254652 8,582 GRAYMONT Treatment Chemicals Water Treatment 1017512 8,307 POMP'S TIRE SERVICE INC Tires Fleet Operating 254580 8,104 SLAMHAMMER SOUND CO,INC Other Rentals July 4th Celebration 254543 8,000 LEAGUE MN CITIES INS TRUST Insurance Property Insurance Check# Amount Supplier/Explanation Account Description Business Unit Comments 1017595 7,992 ADVANCED ENGINEERING&ENVIRONMENTAL SE Equipment Repair&Maint Wastewater Capital 254856 7,992 SOUTHWEST SUBURBAN CABLE COMMISSION Dues&Subscriptions City Council 254371 7,976 BREAKTHRU BEVERAGE MINNESOTA WINE&SPIR Liquor Product Received Prairie Village Liquor Store 254775 7,924 COMMERCIAL ASPHALT CO Patching Asphalt Wasterwater Collection 254733 7,560 VERDE ENVIRONMENTAL TECHNOLOGIES INC Operating Supplies Police 254668 7,543 KENDELL DOORS&HARDWARE INC Contract Svcs-Security City Center Operations 254530 7,500 INTIME SERVICES INC Software Maintenance IT Operating 254569 7,429 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store 1017495 7,248 BIFFS INC Waste Disposal Park Maintenance 254728 7,206 THYMES TWO INC Contract Svcs-Lawn Maint. City Hall-CAM 254388 7,182 EMERGENCY AUTOMOTIVE TECHNOLOGY INC Autos Fleet-Police 254784 7,175 DMJ ASPHALT INC Other Contracted Services TIF-EDEN SHORES SENIOR HOUSING 1017456 6,954 METRO SALES INCORPORATED* Other Rentals IT Operating 254545 6,713 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating 254433 6,665 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store 254599 6,650 WATER CONSERVATION SERVICES INC OCS-Utility Locates Water Distribution 254849 6,500 RIGHTLINE DESIGN LLC Other Contracted Services Communications 254734 6,404 VERIZON WIRELESS Other Contracted Services IT Operating 254690 6,192 NAC Contract Svcs-HVAC Fitness/Conference-Cmty Ctr 1017573 6,157 WM MUELLER AND SONS INC Patching Asphalt Water Distribution 254752 6,075 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store 254439 5,988 PRINTING ENTERPRISES INC Postage Communications 254871 5,978 WELSH COMPANIES Contract Svcs-General Bldg Police City Center 254362 5,779 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store 254465 5,719 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store 6194 5,535 SELECT ACCOUNT HRA Health and Benefits 254612 5,531 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store 1017461 5,351 PIONEER MANUFACTURING COMPANY Operating Supplies Park Maintenance 254423 5,290 MOBOTREX INC Equipment Repair&Maint Traffic Signals 254864 5,269 UNITED STATES CONFERENCE OF MAYORS,THE Dues&Subscriptions City Council 254869 5,100 VISION TECHNOLOGY SOLUTIONS,LLC Other Contracted Services Communications 254583 5,000 SOUTHDALE YMCA Other Contracted Services Housing and Community Service 254868 4,940 VAISALA Supplies-HVAC Snow&Ice Control 1017501 4,843 HAWKINS INC Treatment Chemicals Water Treatment 6191 4,691 SELECT ACCOUNT FSA-Dependent Care Health and Benefits 254552 4,464 MINNESOTA PIPE AND EQUIPMENT* Repair&Maint.Supplies Water Distribution 1017548 4,394 A-SCAPE INC Contract Svcs-Lawn Maint Dunn Brothers 1017622 4,284 WINE COMPANY,THE Liquor Product Received Prairie View Liquor Store 1017561 4,235 KAMIDA INC Other Contracted Services Capital Impr/Maint Fixed 254745 4,168 ABM ONSITE SERVICES-MIDWEST Janitor Service Utility Operations-General 1017560 4,078 HORIZON COMMERCIAL POOL SUPPLY Chemicals Pool Maintenance 254855 4,068 SOUTHWEST NEWS MEDIA Printing Staring Lake Concert 1017544 4,008 SITEONE LANDSCAPE SUPPLY,LLC Landscape Materials/Supp Park Maintenance 254384 3,983 DEPT OF EMPLOYMENT/ECONOMIC DEVELOPMENT Interest Economic Development Fund 254447 3,950 SPRINGSTED INCORPORATED Other Contracted Services 2012B GO Refund Capital Improv 6205 3,926 SELECT ACCOUNT FSA-Dependent Care Health and Benefits 254786 3,914 DUININCK INC Improvements to Land Park Acquisition&Development 254658 3,887 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Board of Prisoner Police 254500 3,875 EDEN PRAIRIE EARLY CHILDHOOD Other Contracted Services Housing and Community Service 254638 3,869 DPC INDUSTRIES INC Laboratory Chemicals Water Treatment 254553 3,767 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Riley Creek Woods 254452 3,750 TWIN CITIES FANTASY FACTORY LLC Other Contracted Services July 4th Celebration 1017545 3,734 VAN PAPER COMPANY Janitor Service Garden Room Repairs Check# Amount Supplier/Explanation Account Description Business Unit Comments 254738 3,669 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store 1017596 3,489 ASPEN WASTE SYSTEMS INC. Waste Disposal Public Works/Parks 254487 3,455 CEMSTONE PRODUCTS COMPANY Seal Coating Capital Maint.&Reinvestment 254804 3,299 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store 254399 3,294 HD SUPPLY WATERWORKS LTD Equipment Parts Water Distribution 254732 3,283 VANELLA GROUP OF MN,LLC,THE Other Contracted Services July 4th Celebration 254807 3,259 IMPACT PROVEN SOLUTIONS Other Contracted Services Water Accounting 254831 3,224 MOTOROLA SOLUTIONS INC Other Assets Capital Maint.&Reinvestment 1017465 3,200 STREICHERS Protective Clothing Police 254848 3,181 RETROFIT COMPANIES,INC,THE Supplies-Electrical Ice Arena Maintenance 6204 3,162 SELECT ACCOUNT FSA-Dependent Care Health and Benefits 254525 3,152 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store 1017583 3,137 GREENSIDE INC Contract Svcs-Lawn Maint. City Hall-CAM 254625 3,088 CEMSTONE PRODUCTS COMPANY Asphalt Overlay Water Distribution 254559 3,087 NORTHERN LIGHTS DISPLAY Printing Communications 254411 3,085 LANDMARK REMODELING LLC Other Contracted Services TIF-EDEN SHORES SENIOR HOUSING 6188 3,065 SAGE PAYMENT SOLUTIONS Bank and Service Charges Wastewater Accounting 254697 3,061 PAUSTIS&SONS COMPANY Liquor Product Received Prairie View Liquor Store 254843 3,000 POSTAGE BY PHONE RESERVE ACCOUNT Postage Customer Service 254488 2,937 CENTURYLINK Telephone City Hall-CAM 254659 2,916 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store 254414 2,896 LEGACY GYMNASTICS Instructor Service Lesson Skills Development 254656 2,832 HD SUPPLY WATERWORKS LTD Repair&Maint.Supplies Water Distribution 6187 2,805 AMERICAN EXPRESS Bank and Service Charges Prairie View Liquor Store 254675 2,785 LEAGUE MN CITIES INS TRUST Insurance Property Insurance 1017440 2,783 ANCHOR PAPER COMPANY Office Supplies Customer Service 1017620 2,760 WALL TRENDS INC Contract Svcs-General Bldg Pool Maintenance 254629 2,750 COLORTIME CRAFTS Operating Supplies Special Events Admin 254616 2,719 BERNICK'S WINE Liquor Product Received Prairie View Liquor Store 1017439 2,698 YOUNGSTEDTS COLLISION CENTER Equipment Repair&Maint Fleet Operating 254425 2,693 NATIONAL MARTIAL ARTS ASSOCIATION,INC Instructor Service Lesson Skills Development 254645 2,673 FIRE SAFETY USA INC Equipment Parts Fire 254761 2,627 BRYAN ROCK PRODUCTS INC Gravel Wasterwater Collection 254497 2,622 DPC INDUSTRIES INC Treatment Chemicals Water Treatment 1017437 2,587 VAN PAPER COMPANY Cleaning Supplies City Center Operations 254750 2,577 ALLINA HEALTH SYSTEM Training Supplies Fire 254678 2,569 LUBE-TECH&PARTNERS LLC Lubricants&Additives Fleet Operating 254401 2,538 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store 254674 2,514 LEAGUE MN CITIES INS TRUST Deposits 494 Corridor Commission 1017603 2,491 GENUINE PARTS COMPANY Small Tools Fleet Operating 254860 2,476 TARGETSOLUTIONS LEARNING,LLC Training Supply-Operating Fire 1017517 2,475 ST CROIX RECREATION FUN PLAYGRAOUNDS INC Equipment Repair&Maint Park Maintenance 254670 2,469 LAKES AQUATIC WEED REMOVAL Other Contracted Services Stormwater Non-Capital 254837 2,437 PARK NICOLLET CLINIC Health&Fitness Fire 254424 2,367 NAC Other Contracted Services Facilities Capital 254466 2,300 ASPEN CARPET CLEANING Janitor Service Prairie Village Liquor Store 254512 2,293 GERTENS Improvements to Land Senior Center 254472 2,283 BERGERSON-CASWELL INC Equipment Repair&Maint Water Supply(Wells) 1017547 2,262 WENCK ASSOCIATES INC OCS-Monitoring Stormwater Non-Capital 254600 2,242 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store 1017612 2,233 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical Police City Center 1017554 2,218 ELECTRIC PUMP Equipment Repair&Maint Water Treatment 254567 2,203 PAUSTIS&SONS COMPANY Liquor Product Received Prairie Village Liquor Store Check# Amount Supplier/Explanation Account Description Business Unit Comments 1017432 2,201 R&R SPECIALTIES OF WISCONSIN INC Repair&Maint-Ice Rink Ice Arena Maintenance 254480 2,200 BRAT PACK RADIO Other Contracted Services Staring Lake Concert 254781 2,160 DEPARTMENT OF CORRECTIONS Other Contracted Services Park Maintenance 1017435 2,145 SITEONE LANDSCAPE SUPPLY,LLC Landscape Materials/Supp Park Maintenance 254765 2,101 CEMSTONE PRODUCTS COMPANY Asphalt Overlay Street Maintenance 254560 2,090 NORTHLAND RECREATION LLC Landscape Materials/Supp Park Maintenance 254419 1,988 MINNESOTA ATHLETIC APPAREL Operating Supplies-Dept Events Fire 1017525 1,981 WINE COMPANY,THE Liquor Product Received Prairie Village Liquor Store 6184 1,937 SELECT ACCOUNT FSA-Dependent Care Health and Benefits 254628 1,936 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie View Liquor Store 254613 1,935 ARVIG Fiber Lease Payments IT Operating 254473 1,920 BERNICK'S WINE Liquor Product Received Prairie Village Liquor Store 254361 1,873 ARTEKA OUTDOOR SERVICES Other Contracted Services Street Maintenance 1017615 1,854 STREICHERS Clothing&Uniforms Police 254502 1,841 ELECTRICAL INSTALLATION&MAINTENANCE Equipment Repair&Maint Water Supply(Wells) 1017530 1,832 BOUNDLESS NETWORK Retention Program Community Center Admin 254810 1,829 INTERNATIONAL UNION OF OPERATING Union Dues Withheld Health and Benefits 254736 1,810 VOLUNTEER FIREFIGHTERS BENEFIT ASSN OF M Dues&Subscriptions Fire 254684 1,800 MESSERLI&KRAMER Deposits 494 Corridor Commission 254510 1,793 GALLS INC-DO NOT USE Capital Under$25,000 Police 254653 1,792 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Concessions 254467 1,781 B CUBED LLC Reimbursement-legal notices Escrow 254420 1,769 MINNESOTA SAFETY SERVICES LLC Other Contracted Services Pool Lessons 254449 1,760 STAPLES ADVANTAGE Office Supplies Customer Service 254650 1,753 GENERAL OFFICE PRODUCTS COMPANY Repair&Maint.Supplies City Center Operations 1017492 1,753 ADVANCED ENGINEERING&ENVIRONMENTAL SE Process Control Services Wastewater Capital 1017455 1,717 METRO ELEVATOR INC Contract Svcs-Elevator City Hall-CAM 254762 1,710 BUREAU OF CRIMINAL APPREHENSION Software Maintenance IT Operating 1017499 1,698 FACTORY MOTOR PARTS COMPANY Small Tools Fleet Operating 1017581 1,665 CHEMSEARCH Contract Svcs-HVAC City Hall-CAM 254365 1,651 BERNICK'S WINE Liquor Product Received Prairie Village Liquor Store 1017567 1,643 POMP'S TIRE SERVICE INC Tires Fleet Operating 254852 1,634 SIGNATURE MEDIA GROUP INC Signs Street Maintenance 254637 1,634 DODGE OF BURNSVILLE Equipment Parts Fleet Operating 1017498 1,617 ETHANOL PRODUCTS LLC Treatment Chemicals Water Treatment 1017539 1,614 PHYSIO CONTROL INC EMS Supplies Fire 254838 1,582 PAUSTIS&SONS COMPANY Liquor Product Received Prairie View Liquor Store 1017551 1,569 CENTERPOINT ENERGY Gas Den Road Liquor Store 1017442 1,566 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store 1017490 1,549 VINOCOPIA Liquor Product Received Prairie Village Liquor Store 254418 1,545 MID-AMERICA BUSINESS SYSTEMS INC Supplies-General Bldg Police City Center 254623 1,530 CALIFORNIA CONTRACTORS SUPPLIES INC Repair&Maint.Supplies Stormwater Collection 254428 1,520 NORTHSTAR MUDJACIUNG&MORE LLC Mudjacking Curbs Drainage 254515 1,508 GREAT LAKES COCA-COLA DISTRIBUTION Merchandise for Resale Prairie View Liquor Store 254682 1,500 MEALS ON WHEELS Other Contracted Services Housing and Community Service 254799 1,499 GOPHER STATE ONE-CALL OCS-Leak Detection Utility Operations-General 1017553 1,481 DREWS CONCESSIONS LLC Merchandise for Resale Concessions 1017463 1,476 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical Police City Center 1017506 1,470 MENARDS Repair&Maint.Supplies Park Maintenance 1017503 1,456 KIDCREATE STUDIO Instructor Service Arts Center 254521 1,454 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Board of Prisoner Police 1017454 1,397 MENARDS Safety Supplies Park Maintenance 1017500 1,393 GRAINGER Safety Supplies Utility Operations-General Check# Amount Supplier/Explanation Account Description Business Unit Comments 1017555 1,383 FILTRATION SYSTEMS Supplies-HVAC City Hall-CAM 254526 1,375 HOMELINE Other Contracted Services Housing and Community Service 254766 1,373 CENTURY BANK Building Materials Street Maintenance 254873 1,372 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store 254622 1,368 BRICKS 4 KIDZ Instructor Service Camps 1017441 1,364 A-SCAPE INC Other Contracted Services Economic Development Fund 1017593 1,358 VAN PAPER COMPANY Cleaning Supplies Fire Station#1 254504 1,343 FLYING CLOUD TRANSFER STATION 4553 Waste Disposal Park Maintenance 1017438 1,337 VINOCOPIA Liquor Product Received Prairie Village Liquor Store 1017584 1,334 LYNDALE PLANT SERVICES Contract Svcs-hit.Landscape City Center Operations 254564 1,322 PAPCO INC Janitor Service Police City Center 1017556 1,303 GARTNER REFRIGERATION&MFG INC Contract Svcs-Ice Rink Ice Arena Maintenance 254503 1,289 ENCORE CONSIGNMENT BOUTIQUE Den Road Bldg-Tenant#2 Encr Den Bldg.-CAM 254627 1,280 CINTAS CORPORATION #470 Cleaning Supplies Utility Operations-General 254573 1,273 RANDY'S ENVIRONMENTAL SERVICES Waste Disposal City Hall-CAM 1017570 1,261 STREICHERS Clothing&Uniforms Reserves 1017592 1,258 SLETTEN,DAN Conference/Training IT Operating 254520 1,250 HELLO!BOOKING INC Other Contracted Services Staring Lake Concert 254546 1,250 MCCANN,SHAWN DANIEL Other Contracted Services July 4th Celebration 1017445 1,230 DAKOTA SUPPLY GROUP INC Repair&Maint.Supplies Water Distribution 1017480 1,230 LOWERY,THOMAS Tuition Reimbursement/School Organizational Services 254872 1,230 WILEY LAW OFFICE PLLC,THE Legal Legal Council 254478 1,229 BOUND TREE MEDICAL LLC EMS Supplies-EMS Supplies Police 1017577 1,223 BRAUN INTERTEC CORPORATION Other Contracted Services Park Acquisition&Development 1017479 1,222 HACH COMPANY Laboratory Chemicals Water Treatment 254491 1,216 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie Village Liquor Store 254615 1,214 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating 1017489 1,206 VAN PAPER COMPANY Cleaning Supplies Fitness/Conference-Cmty Ctr 1017616 1,201 TWIN CITY SEED CO Landscape Materials/Supp Stormwater Collection 254535 1,195 JOHNSON LITHO GRAPHICS OF EAU CLAIRE LTD Office Supplies Park Maintenance 254794 1,184 FLAGSHIP RECREATION Operating Supplies Park Maintenance 6208 1,181 SELECT ACCOUNT Other Contracted Services Health and Benefits 254797 1,149 GEAR WASH LLC Protective Clothing-Turn Out G Fire 254432 1,122 PAUSTIS&SONS COMPANY Liquor Product Received Prairie Village Liquor Store 254492 1,122 COSTCO Miscellaneous Concessions 1017494 1,119 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store 1017549 1,119 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store 254403 1,106 INDEED BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store 254633 1,094 CUMMINS NPOWER LLC Equipment Parts Fleet Operating 1017597 1,094 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store 1017451 1,079 GRANICUS INC Equipment Repair&Maint Cable PEG 254489 1,078 CENTURYLINK Telephone Water Treatment 254446 1,053 SPORTS UNLIMITED Instructor Service Lesson Skills Development 254372 1,052 BRYAN ROCK PRODUCTS INC Landscape Materials/Supp Wasterwater Collection 6196 1,030 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Operating 1017462 1,029 POMP'S TIRE SERVICE INC Tires Fleet Operating 1017453 1,021 IDENTISYS Equipment Repair&Maint Public Safety Communications 1017594 1,004 VINOCOPIA Liquor Product Received Prairie View Liquor Store 254499 1,000 ECUADOR MANTA Other Contracted Services Staring Lake Concert 254518 1,000 HARD DAY'S NIGHT-A BEATLES TRIBUTE Other Contracted Services Staring Lake Concert 254594 1,000 TESCA MUSIC LLC Other Contracted Services Staring Lake Concert 254805 995 HOME DEPOT CREDIT SERVICES Supplies-General Bldg Police City Center 254551 986 MIDWEST AQUA CARE INC Other Contracted Services Riley Lake Check# Amount Supplier/Explanation Account Description Business Unit Comments 254593 982 TECH DUMP Other Contracted Services Recycle Rebate 254642 980 EULL'S MANUFACTURING CO INC Repair&Maint.Supplies Wasterwater Collection 254718 972 SPORTS UNLIMITED Instructor Service Lesson Skills Development 254812 967 IPSWITCH INC Equipment Repair&Maint Public Safety Communications 254823 945 LUPULIN BREWING COMPANY Liquor Product Received Prairie View Liquor Store 254722 942 STOP STICK LTD. Operating Supplies Police 254375 929 CEMSTONE PRODUCTS COMPANY Asphalt Overlay Stormwater Collection 254383 926 DEPARTMENT OF HUMAN SERVICES Other Contracted Services Park Maintenance 254457 914 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store 254717 905 SPOK,INC. Pager&Cell Phone IT Operating 254641 899 ENIU BREWING COMPANY INC Liquor Product Received Prairie View Liquor Store 1017522 889 VISTAR CORPORATION Merchandise for Resale Concessions 254841 888 PITNEY BOWES Postage Customer Service 6220 860 SELECT ACCOUNT FSA-Dependent Care Health and Benefits 254541 854 LANO EQUIPMENT INC Equipment Repair&Maint Fleet Operating 1017468 842 WINE COMPANY,THE Liquor Product Received Prairie Village Liquor Store 1017562 841 MENARDS Operating Supplies Water Treatment 1017420 837 ALBERS,JASON Equipment Repair&Maint Fire 1017519 831 TOTAL FILTRATION SERVICES INC Supplies-HVAC City Hall-CAM 254427 815 NORTHSTAR LACROSSE CO Clothing&Uniforms Fire 254679 810 LUPULIN BREWING COMPANY Liquor Product Received Prairie View Liquor Store 254714 810 SOUTHWEST HENNEPIN DTF Capital Under$25,000 Police 254576 800 SAYIBU,FATAWU Other Contracted Services Staring Lake Concert 254364 798 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating 254693 788 NORTHSTAR MUDJACKING&MORE LLC Mudjacking Curbs Drainage 254363 775 BARTON SAND&GRAVEL CO Waste Blacktop/Concrete Street Maintenance 254598 775 WARNING LITES Other Contracted Services Recycle Rebate 1017425 770 COX,KIM Tuition Reimbursement/School Organizational Services 254741 764 YORKTOWN OFFICES Deposits 494 Corridor Commission 1017571 761 WATSON CO INC,THE Merchandise for Resale Concessions 254549 754 MEDICINE LAKE TOURS Special Event Fees Trips 254870 750 WELLS FARGO BANK MINNESOTA NA Paying Agent 2014A G.O.TAX ABATEMENT BONDS 254359 745 AIRGAS USA LLC Supplies-Pool Pool Maintenance 254664 743 JOHN HENRY FOSTER MINNESOTA INC Maintenance Contracts Water Treatment 254730 739 TSI BUSINESS CAPITAL INC Deposits 494 Corridor Commission 254607 735 4 ACE PRODUCTIONS Instructor Service Safety Camp 254479 713 BOURGET IMPORTS Liquor Product Received Prairie Village Liquor Store 1017598 712 BIFFS INC Waste Disposal Safety Camp 1017550 708 BIFFS INC Waste Disposal Flying Cloud Fields 1017590 704 SHAMROCK GROUP,INC-ACE ICE Liquor Product Received Prairie View Liquor Store 254748 703 AGGREGATE INDUSTRIES Asphalt Overlay Stormwater Collection 1017546 703 VINOCOPIA Liquor Product Received Prairie View Liquor Store 254509 700 GALACTIC COWBOY ORCHESTRA THE Other Contracted Services Staring Lake Concert 254756 696 BERNICK'S WINE Liquor Product Received Prairie View Liquor Store 254445 688 SPIRIT APPAREL AND STUFF Printing Special Events Admin 1017558 687 GRAINGER Repair&Maint.Supplies Ice Arena Maintenance 254647 673 FORTERRA PIPE& PRECAST Repair&Maint.Supplies Stormwater Collection 254441 665 RETROFIT COMPANIES,INC,THE Repair&Maint-Ice Rink Ice Arena Maintenance 254725 664 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions 254416 658 MARCO INC Operating Supplies IT Telephone 1017487 642 SITEONE LANDSCAPE SUPPLY,LLC Landscape Materials/Supp Park Maintenance 1017527 640 ADAMS PEST CONTROL INC Contract Svcs-Pest Control Den Bldg.-CAM 254477 640 BOUDREAU PRINNA P&R Refunds Community Center Admin Check# Amount Supplier/Explanation Account Description Business Unit Comments 1017496 627 CENTERPOINT ENERGY Gas Prairie View Liquor Store 254527 626 HP INC Computers IT Operating 1017611 612 MOOD MEDIA Other Contracted Services Prairie Village Liquor Store 6193 607 PMA FINANCIAL NETWORK INC Bank and Service Charges Wastewater Accounting 254537 605 KEEPRS INC. Clothing&Uniforms Reserves 254540 600 LAKE COUNTRY DOOR LLC Contract Svcs-Gener Fire Station#1 254592 590 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions 254660 585 HYDRO-VAC INC Equipment Repair&Maint Stormwater Collection 254450 570 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions 254505 569 FORSGREN,CINDY WADE Operating Supplies Summer Theatre 254390 567 ENVIRONMENTAL EQUIPMENT&SERVICES Equipment Parts Fleet Operating 254524 563 HENNEPIN TECHNICAL COLLEGE Other Rentals Recycle Rebate 254614 561 ASPEN MILLS Clothing&Uniforms Fire 254369 560 BOURGET IMPORTS Liquor Product Received Prairie Village Liquor Store 254727 556 TECH DUMP Other Rentals Recycle Rebate 254758 553 BOURGET IMPORTS Liquor Product Received Prairie View Liquor Store 254753 550 BARTON SAND&GRAVEL CO Waste Blacktop/Concrete Street Maintenance 1017488 543 THE OASIS GROUP Employee Assistance Organizational Services 254591 542 SUNBURST CHEMICALS INC Cleaning Supplies Garden Room Repairs 254437 540 PRAIRIE RESTORATIONS INC Maintenance Contracts Stormwater Non-Capital 1017504 527 LEROY JOB TRUCKING INC Other Contracted Services Animal Control 254751 521 APRES Other Rentals Summer Theatre 1017540 521 PROSOURCE SUPPLY Repair&Maint.Supplies Fitness/Conference-Cmty Ctr 254829 520 MINNESOTA DEPARTMENT OF NATURAL RESOURCE Other Rentals Park Maintenance 1017505 518 LOGIS Network Support IT Operating 254398 517 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Prairie Village Liquor Store 254426 515 NORTH STAR WIPER&IND SUPPLY Operating Supplies-Station sup Fire 254680 508 MARCO INC Equipment Repair&Maint IT Telephone 1017572 507 WINE COMPANY,THE Liquor Product Received Prairie View Liquor Store 254646 502 FLYING CLOUD ANIMAL HOSPITAL Canine Supplies Police 254557 500 NEW FOLK PRODUCTIONS Other Contracted Services Staring Lake Concert 1017470 499 ADAMS PEST CONTROL INC Contract Svcs-Pest Control Water Treatment 254410 495 LAKE COUNTRY DOOR LLC Building Repair&Maint. Utility Operations-General 254740 492 XTREME INTEGRATION Capital Under$25,000 Senior Center Admin 254408 491 KEEPRS INC. Clothing&Uniforms Police 254686 490 MIKE HOLM TEST PREP Tuition Reimbursement/School Police 254845 490 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Prairie View Liquor Store 254415 486 LUPULIN BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 254626 482 CENTURYLINK Other Broadband Internet IT Operating 254458 480 WRS IMPORTS Liquor Product Received Den Road Liquor Store 254538 480 KEEPSAKE CIDERY LLP Liquor Product Received Prairie View Liquor Store 254608 480 AL'S FAN BALANCING SERVICES LLC Equipment Repair&Maint Water Treatment 1017566 480 PARLEY LAKE WINERY Liquor Product Received Prairie View Liquor Store 254568 473 PEMTOM LAND CO. Reimbursement-legal notices Escrow 254661 470 INDEED BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store 1017434 467 SHAMROCK GROUP,INC-ACE ICE Liquor Product Received Den Road Liquor Store 1017477 462 FASTENAL COMPANY Operating Supplies Fleet Operating 254863 455 ULTIMATE PLAYGROUNDS INC Equipment Repair&Maint Park Maintenance 1017536 454 MINNESOTA CLAY CO.USA Operating Supplies Arts Center 254495 450 DIRTY SHORTS BRASS BAND Other Contracted Services Staring Lake Concert 254749 442 AL&ALMA'S SUPPER CLUB AND CHARTERS Special Event Fees Trips 254606 439 PAULSON,DENNIS Mileage&Parking Police 254723 438 SUBURBAN CHEVROLET Equipment Parts Fleet Operating Check# Amount Supplier/Explanation Account Description Business Unit Comments 254836 432 OXYGEN SERVICE COMPANY EMS Supplies-Oxygen Supplies Fire 1017466 430 WALL TRENDS INC Contract Svcs-General Bldg Police City Center 254484 424 BRO-TEX INC Operating Supplies Fleet Operating 254463 416 AIRGAS USA LLC Supplies-Pool Pool Maintenance 254796 413 FOUNDATION THE Capital Under$25,000 Capital Maint.&Reinvestment 254547 412 MCINTYRE,ROBIN Operating Supplies Summer Theatre 254377 412 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store 1017457 409 MINNESOTA ROADWAYS CO Patching Asphalt Street Maintenance 254601 400 WONDER CURE Other Contracted Services Staring Lake Concert 254703 400 REGAN KELLEY Refunds Stormwater Non-Capital 1017513 400 PRAIRIE ELECTRIC COMPANY Contract Svcs-Ice Rink Ice Arena Maintenance 1017458 396 MN SUPPLY Equipment Repair&Maint Summer Theatre 254696 392 OUTDOOR ENVIRONMENTS INC Other Contracted Services Pleasant Hill Cemetery 1017537 391 MORROW,JAMES Conference/Training Police 254430 390 OUTDOOR ENVIRONMENTS INC Other Contracted Services Street Maintenance 254669 389 LAKE COUNTRY DOOR LLC Contract Svcs-General Bldg Fire Station#1 254374 389 CAPREF EDEN PRAIRIE LLC Building Rental CDBG-Public Service 1017469 388 XCEL ENERGY Electric Forest Hills Park 254586 386 SPIRIT APPAREL AND STUFF Clothing&Uniforms Pool Operations 254657 384 HEALTHPARTNERS Other Contracted Services Police 254802 383 HENNEPIN COUNTY VT DEPT Software Maintenance Public Safety Communications 1017464 381 SCHWAB VOLLHABER LUBRATT SERVICE CORO Supplies-HVAC Ice Arena Maintenance 1017557 375 GINA MARIAS INC Operating Supplies Police 1017523 375 WATSON CO INC,THE Merchandise for Resale Concessions 254395 374 GLOBAL EQUIPMENT COMPANY Repair&Maint.Supplies Park Shelters 1017532 370 FASTENAL COMPANY Safety Supplies Fleet Operating 254866 367 UNIVERSAL ATHLETIC SERVICES INC Operating Supplies Park Maintenance 1017467 361 WATSON CO INC,THE Merchandise for Resale Concessions 254801 352 GREAT LAKES COCA-COLA DISTRIBUTION Merchandise for Resale Concessions 1017474 351 CHEMSEARCH Contract Svcs-Ice Rink Ice Arena Maintenance 254506 350 FORTERRA PIPE& PRECAST Repair&Maint.Supplies Stormwater Collection 254635 350 DENGEL,JANA Instructor Service Safety Camp 254666 350 KAISER,DAVID S Operating Supplies Gymnasium(CC) 254523 347 HENNEPIN COUNTY TREASURER Waste Disposal Park Maintenance 1017478 345 GREATAMERICA FINANCIAL SVCS Postage Customer Service 254434 342 PLASTIC BAG MART Liquor Product Received Prairie Village Liquor Store 1017621 342 WATSON CO INC,THE Merchandise for Resale Concessions 6183 341 MONEY MOVERS INC Other Contracted Services Community Center Admin 254835 340 OUTDOOR ENVIRONMENTS INC Other Contracted Services Park Maintenance 254360 339 AQUA LOGIC INC Repair&Maint.Supplies Round Lake 254602 337 WORKS COMPUTING INC Other Assets IT Capital 254747 336 AERO DRAPERY AND BLIND Contract Svcs-General Bldg City Center Operations 1017475 334 CUSTOM HOSE TECH Equipment Repair&Maint Wasterwater Collection 1017604 333 GRAINGER Repair&Maint.Supplies Utility Operations-General 1017602 333 EDEN PRAIRIE FIREFIGHTER'S RELIEF ASSOC Union Dues Withheld Health and Benefits 1017607 333 MENARDS Operating Supplies-Station sup Park Maintenance 254556 332 NELSON BROOKE Operating Supplies Summer Theatre 254757 330 BLOOMINGTON,CITY OF Kennel Services Animal Control 254519 329 HD SUPPLY WATERWORKS LTD Equipment Parts Water Distribution 1017568 327 PRAIRIE ELECTRIC COMPANY Contract Svcs-Ice Rink Ice Arena Maintenance 1017443 326 BIFFS INC Waste Disposal Staring Lake 254400 325 HERMAN'S LANDSCAPE Landscape Materials/Supp Utility Operations-General 254783 325 DIVINSKI LINDA P&R Refunds Community Center Admin Check# Amount Supplier/Explanation Account Description Business Unit Comments 254619 325 BOURGET IMPORTS Liquor Product Received Prairie View Liquor Store 254688 324 MN DEPT LABOR&INDUSTRY Equipment Repair&Maint Traffic Signals 254867 324 USA INFLATABLES Fire Prevention Supplies Fire 254662 323 JAY&CANDI SCOTT AR Utility Water Enterprise Fund 254572 322 QUALITY REFRIGERATION Equipment Repair&Maint Concessions 254778 320 DALE GREEN COMPANY,THE Landscape Materials/Supp Street Maintenance 254875 320 SCOTT COUNTY SHERIFF'S OFFICE Deposits Escrow 1017436 320 SLETTEN,DAN Conference/Training IT Operating 1017608 319 METRO SALES INCORPORATED* Equipment Rentals IT Operating 254610 315 ANDERSON-URLACHER PA Contract Svcs-General Bldg Fitness/Conference-Cmty Ctr 1017423 314 BUSINESS ESSENTIALS Office Supplies Utility Operations-General 1017472 311 BERRY COFFEE COMPANY Merchandise for Resale Concessions 254702 311 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Prairie Village Liquor Store 1017486 310 SHAMROCK GROUP,INC-ACE ICE Liquor Product Received Prairie Village Liquor Store 1017578 309 BUSINESS ESSENTIALS Office Supplies Utility Operations-General 6217 300 SELECT ACCOUNT HRA Health and Benefits 254742 300 CARVER COUNTY SHERIFF'S DEPT. Deposits Escrow 6182 299 US BANK-PAYMODE Bank and Service Charges Organizational Services 1017510 299 NORTH CENTRAL LABORATORIES Laboratory Chemicals Water Treatment 254581 298 SMALL LOT MN Liquor Product Received Prairie View Liquor Store 1017511 297 PIONEER RIM&WHEEL CO Equipment Parts Fleet Operating 254651 287 GRAPE BEGINNINGS Liquor Product Received Prairie View Liquor Store 254632 281 CONSTRUCTION MATERIALS INC Asphalt Overlay Street Maintenance 254611 280 AQUA LOGIC INC Contract Svcs-Pool Pool Maintenance 254617 275 BLOOMINGTON SECURITY SOLUTIONS Operating Supplies Park Maintenance 1017601 275 ECM PUBLISHERS INC Advertising Prairie Village Liquor Store 254704 274 ROOTSTOCK WINE COMPANY Liquor Product Received Prairie View Liquor Store 254689 274 MOTOROLA SOLUTIONS INC Equipment Repair&Maint Public Safety Communications 254721 272 STATE OF MINNESOTA Legal Legal Council 254654 260 GRUBER ACCOUNTING Deposits 494 Corridor Commission 254776 260 COMMUNITY HEALTH CHARITIES OF MINNESOTA United Way Withheld Health and Benefits 1017528 260 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Prairie Village Liquor Store 254544 259 MALONE,TOM Instructor Service Preschool Events 1017524 255 WICHTERMAN'S LTD Equipment Repair&Maint Fleet Operating 254844 254 PROP United Way Withheld Health and Benefits 254516 254 GROTH MUSIC Operating Supplies Community Band 254539 250 KOPESKY WAYNE Reimbursement Escrow 254498 246 E A SWEEN COMPANY Merchandise for Resale Concessions 254387 245 EDEN PRAIRIE NOON ROTARY CLUB Dues&Subscriptions Police 254501 245 EDEN PRAIRIE NOON ROTARY CLUB Miscellaneous Housing and Community Service 1017508 242 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 254366 241 BLOOMINGTON SECURITY SOLUTIONS Other Contracted Services Staring Lake 254529 241 INDELCO PLASTICS CORP Supplies-Plumbing Fitness/Conference-Cmty Ctr 254820 240 LAKE COUNTRY DOOR LLC Building Repair&Maint. Utility Operations-General 1017459 240 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 254790 234 EDEN PRAIRIE ROTARY CLUB Miscellaneous Administration 254692 232 NOKOMIS SHOE SHOP Clothing&Uniforms Utility Operations-General 254832 231 NORTH AMERICAN SAFETY INC Repair&Maint.Supplies Water Distribution 254558 231 NGUYEN FAMILY INC/DBA LOTUS NAILS SPA Den Road Bldg-Tenant#1 Lotus Den Bldg.-CAM 254667 230 KEEPRS INC. Clothing&Uniforms Fire 254768 230 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie View Liquor Store 254859 230 SWART ADAM Mileage&Parking Assessing 1017460 227 NEW FRANCE WINE COMPANY Liquor Product Received Prairie Village Liquor Store Check# Amount Supplier/Explanation Account Description Business Unit Comments 254513 227 GRAPE BEGINNINGS Liquor Product Received Den Road Liquor Store 254470 225 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating 254460 225 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 254554 225 MUEHLBAUER,THOMAS G Other Contracted Services Community Band 254712 224 SNAP-ON TOOLS Small Tools Fleet Operating 254455 224 WATER HEATERS ONLY LLC Supplies-Plumbing Dunn Brothers 1017444 224 CONCRETE CUTTING&CORING INC Small Tools Fleet Operating 254636 218 DIRECTV Cable TV Community Center Admin 254803 217 HENNEPIN COUNTY RESIDENT&REAL ESTATE Software Maintenance IT Operating 254590 216 SUMMIT COMPANIES EMS Supplies-EMS Supplies Fire 1017543 215 SHAMROCK GROUP,INC-ACE ICE Liquor Product Received Prairie View Liquor Store 1017576 214 BOUNDLESS NETWORK Clothing&Uniforms Facilities Staff 254536 214 JOHNSTONE SUPPLY Small Tools Facilities Staff 254511 213 GENERAL OFFICE PRODUCTS COMPANY Repair&Maint.Supplies City Center Operations 1017428 210 MINNESOTA NATIVE LANDSCAPES Maintenance Contracts Stormwater Non-Capital 1017450 210 GRAINGER Repair&Maint.Supplies Water Metering 254806 206 HOTSY MINNESOTA Equipment Repair&Maint Fleet Operating 1017421 203 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Den Road Liquor Store 254672 202 LANO EQUIPMENT INC Equipment Parts Fleet Operating 254574 202 ROOTSTOCK WINE COMPANY Liquor Product Received Prairie View Liquor Store 1017448 201 FEDEX KINKO'S OFFICE AND PRINT SERVICES Printing Water Distribution 6202 201 VANCO SERVICES Bank and Service Charges Wastewater Accounting 254475 200 BOB THE BEACH COMBER Other Contracted Services Staring Lake Concert 254579 200 SINGING COWGIRL THE Special Event Fees Senior Center Programs 254508 199 G&K SERVICES-MPLS INDUSTRIAL Operating Supplies Park Maintenance 6198 199 ULTIMATE SOFTWARE GROUP,THE Garnishment Withheld Health and Benefits 6212 199 ULTIMATE SOFTWARE GROUP,THE Garnishment Withheld Health and Benefits 254490 199 CINTAS CORPORATION Safety Supplies Community Center Admin 254442 197 RINK SYSTEMS INC Repair&Maint-Ice Rink Ice Arena Maintenance 254368 196 BOUND TREE MEDICAL LLC EMS Supplies-EMS Supplies Fire 254649 195 GAS TANK RENU OF MINNESOTA Equipment Repair&Maint Fleet Operating 254746 194 ABRA AUTO BODY&GLASS Equipment Repair&Maint Fleet Operating 6210 193 OPTUM HEALTH Other Contracted Services Health and Benefits 1017484 191 QUALITY PROPANE Equipment Parts Ice Arena Maintenance 1017559 186 GRAYBAR Operating Supplies Water Treatment 254396 182 GRAPE BEGINNINGS Liquor Product Received Den Road Liquor Store 254630 180 COMCAST Other Broadband Internet IT Operating 254392 179 FIRE SAFETY USA INC Equipment Repair&Maint Fire 254808 179 INDEED BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 254695 175 ORGANIX SOLUTIONS Waste Disposal City Center Operations 254780 171 DEM CON LANDFILL LLC Landscape Materials/Supp Street Maintenance 1017542 170 SCHOBER KAREN Mileage&Parking Park Facilities 254874 170 WINSUPPLY EDEN PRAIRIE MN CO Equipment Repair&Maint Traffic Signals 254785 169 DODGE OF BURNSVILLE Equipment Parts Fleet Operating 1017471 168 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Prairie View Liquor Store 1017575 168 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Prairie View Liquor Store 254562 167 OLSEN'S EMBROIDERY/COMPANY Clothing&Uniforms Street Maintenance 254767 167 CENTURYLINK Other Broadband Internet IT Operating 254389 166 ENKI BREWING COMPANY INC Liquor Product Received Den Road Liquor Store 254719 165 STAPLES ADVANTAGE Office Supplies Customer Service 254828 163 MIDWEST COCA COLA BOTTLING COMPANY Liquor Product Received Prairie Village Liquor Store 1017552 160 CITI-CARGO&STORAGE CO,INC Other Rentals Summer Theatre 254876 160 PETTY CASH Operating Supplies Senior Center Programs Check# Amount Supplier/Explanation Account Description Business Unit Comments 1017424 159 CLAREY'S SAFETY EQUIPMENT Safety Supplies Fleet Operating 254858 158 SUMMIT COMPANIES Contract Svcs-Fire/Life/Safe Prairie Village Liquor Store 1017587 156 PERRY NICHOLAS L Mileage&Parking Tree Disease 254685 155 METRO APPLIANCE RECYCLING Waste Disposal Fleet Operating 1017580 154 CARLSTON,BRANDON Equipment Repair&Maint Police 1017426 154 FASTENAL COMPANY Safety Supplies Fleet Operating 1017535 152 METROPOLITAN FORD Equipment Parts Fleet Operating 254788 152 EDEN PRAIRIE COMMUNITY EDUCATION Building Rental Community Band 254517 150 HANSEN,THOR Refunds Water Conservation 254739 150 WYMAN PAUL Refunds Water Conservation 254493 149 CUB FOODS EDEN PRAIRIE Training Supplies Police 1017518 147 STREICHERS Clothing&Uniforms Reserves 254772 146 COMCAST Equipment Repair&Maint E-911 Program 254816 139 KEEPRS INC. Clothing&Uniforms Reserves 1017589 139 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 1017614 136 STERICYCLE INC Other Contracted Services Police 1017427 135 METROPOLITAN FORD Equipment Parts Fleet Operating 254724 135 SW HUNTER SAFETY PROGRAM Other Contracted Services Outdoor Center 1017531 135 BUSINESS ESSENTIALS Office Supplies Utility Operations-General 254454 134 VERIZON WIRELESS Telephone Police 254443 133 SMALL LOT MN Liquor Product Received Prairie View Liquor Store 254393 133 GALLS LLC Clothing&Uniforms Police 254577 132 SEKARAN KRISTI P&R Refunds Community Center Admin 254528 130 INDEED BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store 254386 128 E A SWEEN COMPANY Merchandise for Resale Concessions 254376 127 CENTURYLINK Telephone IT Telephone 1017430 126 PERRY NICHOLAS L Mileage&Parking Tree Disease 1017502 123 HD SUPPLY FACILITIES MAINTENANCE Supplies-General Bldg Police City Center 254639 122 E A SWEEN COMPANY Merchandise for Resale Concessions 254861 122 TRANSUNION RISK&ALTERNATIVE DATA Other Contracted Services Police 254731 121 UNIVERSITY OF MINNESOTA,VMC Canine Supplies Police 254409 120 KEOGH KATHLEEN Other Contracted Services Pool Lessons 254440 120 REMMES NICHOLAS Other Contracted Services Pool Lessons 254726 120 TAUER ALEC Other Contracted Services Pool Lessons 1017449 117 GRAFIX SHOPPE Equipment Parts Fleet Operating 254687 115 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Customer Service 254631 114 COMCAST Deposits 494 Corridor Commission 6209 114 STERN BRIAN Other Contracted Services Community Center Admin 254585 113 SOUTHWEST NEWS MEDIA Legal Notices Publishing City Clerk 1017483 112 PERRY NICHOLAS L Mileage&Parking Tree Disease 254773 112 COMCAST Cable TV Fire 1017541 111 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 254407 110 KAISER,DAVID S Equipment Repair&Maint Fitness Center 254640 110 EMI AUDIO Other Contracted Services Ice Operations 1017529 110 BAYER MARISA Mileage&Parking Community Development Admin. 254683 109 MEREDITH KATE Deposits 494 Corridor Commission 1017509 106 NEW FRANCE WINE COMPANY Liquor Product Received Prairie View Liquor Store 1017563 106 NEW FRANCE WINE COMPANY Liquor Product Received Den Road Liquor Store 254839 104 PETSMART Canine Supplies Police 254422 103 MN MAINTENANCE EQUIPMENT INC Equipment Parts Fleet Operating 254404 102 INDOFF INCORPORATED Miscellaneous Planning 1017491 102 A TO Z RENTAL CENTER Repair&Maint.Supplies Park Maintenance 254469 100 BANKS KATHY Refunds Water Conservation Check# Amount Supplier/Explanation Account Description Business Unit Comments 254483 100 BRED KAYLYNN Refunds Water Conservation 254494 100 DIGIOVANNI,JOE Refunds Water Conservation 254507 100 Fusaro Jennifer Refunds Water Conservation 254532 100 JACQUES,GLORIA Refunds Water Conservation 254542 100 LASHKOWITZ SETH Rebates Water Conservation 254548 100 MCNALLY WILLIAM Refunds Water Conservation 254555 100 MULLIGAN,KELLY Refunds Water Conservation 254566 100 PARPIA ABDUL Refunds Water Conservation 254673 100 LARSON,MARY Refunds Water Conservation 254676 100 LEIBOLD BRIDGET Refunds Water Conservation 254677 100 LIMA,SUSAN Refunds Water Conservation 254681 100 MARTIN MAY Refunds Water Conservation 254698 100 PETERSON DOUG Refunds Water Conservation 254705 100 SCHLETTY JENNIE AND MARK Refunds Water Conservation 254711 100 SMITH RICHARD Refunds Water Conservation 254716 100 SPIRALA JOYCE Refunds Water Conservation 254779 100 DEAN,JAMES&CAROL Refunds Water Conservation 254809 100 INGBER,PEGGY&DAVID Refunds Water Conservation 254819 100 KORKOWSKI,JO Refunds Water Conservation 254826 100 MARTIN JIM Refunds Water Conservation 254850 100 SCW WIM INC Licenses,Taxes,Fees Fitness Classes 254476 100 BORCHARDT,BRIAN Refunds Water Conservation 254701 100 QUESENBERRY,TYLER Clothing&Uniforms Police 1017599 99 BOBBY&STEVE'S AUTO WORLD EDEN PRAIRIE Equipment Repair&Maint Police 254609 98 ANDERSON BRUCE Refunds Water Conservation 254754 97 BELLMAN GLENN Refunds Water Conservation 254793 97 FIRST STATE TIRE RECYCLING Waste Disposal Fleet Operating 254588 95 STAPLES ADVANTAGE Office Supplies Customer Service 254655 93 HARO DORIAN Refunds Water Conservation 1017520 90 TWIN CITY HARDWARE Supplies-General Bldg Fire Station#1 254597 90 TWIN CITIES F.I.T Other Contracted Services New Adaptive 1017431 90 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 254795 89 FOUNDATION BUSINESS SYSTEMS,LLC Other Contracted Services Stormwater Non-Capital 254815 87 KAISER,DAVID S Supplies-Pool Pool Maintenance 254777 87 CUB FOODS EDEN PRAIRIE Operating Supplies Police 254563 85 OXYGEN SERVICE COMPANY EMS Supplies-Oxygen Supplies Fire 254595 85 TIGGAS JOHN Refunds Water Conservation 1017433 85 RAHIMI,RENEE Tuition Reimbursement/School Fitness Classes 254522 83 HENNEPIN COUNTY MEDICAL CENTER EMS Supplies-EMS Supplies Fire 1017516 81 SPS COMPANIES Supplies-Plumbing Fitness/Conference-Cmty Ctr 254791 80 FAIRWAY WOODS City Building Rental City Center Operations 254708 79 SIGNSOURCE Operating Supplies Prairie View Liquor Store 254709 79 SIGNSOURCE Operating Supplies Den Road Liquor Store 254710 79 SIGNSOURCE Operating Supplies Prairie Village Liquor Store 1017585 77 METROPOLITAN FORD Equipment Repair&Maint Fleet Operating 1017569 77 STAR TRIBUNE MEDIA COMPANY LLC Dues&Subscriptions Utility Operations-General 6216 75 SELECT ACCOUNT HRA Health and Benefits 254644 75 FIRE MARSHAL ASSN OF MINNESOTA Tuition Reimbursement/School Fire 1017579 75 CARLSON,JODY Mileage&Parking Assessing 1017564 73 NORCOSTCO Clothing&Uniforms Summer Theatre 254671 73 LANGE AARON Refunds Water Conservation 254811 73 INTERTECH INC Capital Under$25,000 Capital Maint.&Reinvestment 254565 72 PARKER,MARCIE P&R Refunds Community Center Admin Check# Amount Supplier/Explanation Account Description Business Unit Comments 254842 72 PK BLOODY MARY CORP Liquor Product Received Den Road Liquor Store 254412 70 LANO EQUIPMENT INC Equipment Parts Fleet Operating 254431 70 PAPCO INC Janitor Service City Hall-CAM 254865 70 UNITED WAY United Way Withheld Health and Benefits 254531 69 IVERSON,MARGARET P&R Refunds Community Center Admin 1017538 68 MPX GROUP,THE Printing Police 1017429 68 MUNOZ,MEGAN Mileage&Parking Fitness Admin. 254833 66 NORTHERN STAR COUNCIL Instructor Service Teen Programs 254818 66 KOHL,BRADEN Training Supply-Recruit Fire 254744 64 440400-NCPERS MINNESOTA PERA Health and Benefits 254486 63 CASPER,AARON A P&R Refunds Community Center Admin 1017493 63 ANCHOR PAPER COMPANY Office Supplies Customer Service 254578 62 SIBLEY STERLING Mileage&Parking Tennis 1017591 62 SITEONE LANDSCAPE SUPPLY,LLC Operating Supplies Park Maintenance 254462 60 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 1017588 60 PRINTERS SERVICE INC Contract Svcs-Ice Rink Ice Arena Maintenance 6185 60 SQUARE Bank and Service Charges Community Center Admin 254782 58 DIRECTV Other Contracted Services Police 1017582 58 FASTENAL COMPANY Safety Supplies Fleet Operating 254468 56 BALARAJU RAMESH P&R Refunds Community Center Admin 1017476 56 DUNGAN,TRACY Merchandise for Resale Concessions 254691 54 NELSON,ROBIN Deposits 494 Corridor Commission 254769 53 COMCAST Other Broadband Internet IT Operating 254634 52 DE MIRA MARIQUITA Deposits 494 Corridor Commission 254474 50 BIWER JAMES Refunds Water Conservation 254575 50 RUBIN DAN Refunds Water Conservation 254605 50 BENGTSON JIM Refunds Water Conservation 254720 50 STAR MARINA Refunds Water Conservation 254764 50 CAVARA NICK Refunds Water Conservation 254587 49 SPRAGUE,LINDA Refunds Water Conservation 254707 48 SHAUKAT RAHAT P&R Refunds Community Center Admin 254589 48 SUBURBAN CHEVROLET Equipment Repair&Maint Fleet Operating 254735 48 VISEE NICOLE Refunds Water Conservation 1017617 47 UPS Postage Fire 254789 46 EDEN PRAIRIE FOUNDATION United Way Withheld Health and Benefits 254755 45 BERG,NANCY P P&R Refunds Community Center Admin 254571 45 PRINT SOURCE MINNESOTA Advertising Prairie Village Liquor Store 254851 45 SIBLEY STERLING Mileage&Parking Tennis 254774 44 COMCAST Cable TV Fire 1017515 42 SPRINT Pager&Cell Phone IT Operating 254700 40 PRAIRIE LAWN AND GARDEN Operating Supplies Park Maintenance 254459 40 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 254461 40 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 1017586 40 MITTELSTADT,SCOTT Clothing&Uniforms Police 254817 40 KEOGH KATHLEEN Mileage&Parking Aquatics Admin. 1017485 38 R&R SPECIALTIES OF WISCONSIN INC Supplies-Pool Pool Maintenance 254561 36 OFFICE OF MN IT SERVICES Other Contracted Services Police 254391 35 ESTATE OF MARLA EINARSON AR Utility Water Enterprise Fund 254787 35 EDEN PRAIRIE CHAMBER OF COMMERCE Miscellaneous Economic Development 1017534 35 JOHNSTONE SUPPLY Repair&Maint-Ice Rink Ice Arena Maintenance 254582 35 SNAP-ON TOOLS Small Tools Fleet Operating 254596 33 TM STATE BOBCAT INC. Equipment Parts Fleet Operating 1017422 31 BOHNSACK,SUE Mileage&Parking Senior Center Admin Check# Amount Supplier/Explanation Account Description Business Unit Comments 254694 30 OLSEN'S EMBROIDERY/COMPANY Clothing&Uniforms Utility Operations-General 254496 29 DODGE OF BURNSVILLE Equipment Parts Fleet Operating 254379 27 COMCAST Other Contracted Services Police 254770 27 COMCAST Cable TV Fire 254706 26 SCHUMANN CONNIE P&R Refunds Community Center Admin 254821 26 LATTIMORE ANDREW Mileage&Parking Aquatics Admin. 1017473 25 BUSINESS ESSENTIALS Office Supplies Utility Operations-General 254715 25 SOUTHWEST TRANSIT Deposits 494 Corridor Commission 254729 25 TREJO RAYMUNDO P&R Refunds Community Center Admin 254417 25 MEIERHOFER CHRISTY Mileage&Parking Community Center Admin 254429 24 OLSEN CHAIN&CABLE Repair&Maint.Supplies Stormwater Collection 1017481 17 METROPOLITAN FORD Equipment Parts Fleet Operating 254435 17 POWER UP PRODUCTS LLC Merchandise for Resale Concessions 254771 16 COMCAST Cable TV Fire 254834 15 OLSEN'S EMBROIDERY/COMPANY Clothing&Uniforms Park Maintenance 254421 14 MINNESOTA TROPHIES&GIFTS Operating Supplies Park Maintenance 254857 11 STAPLES ADVANTAGE Office Supplies Customer Service 254648 8 GALLS LLC Clothing&Uniforms Police 254382 7 DEBOISE ELIZABETH P&R Refunds Community Center Admin 254380 7 COMCAST Cable TV Fire 254570 7 PRAIRIE LAWN AND GARDEN Equipment Parts Fleet Operating 6,615,517 Grand Total City of Eden Prairie Purchasing Card Payment Report 8/8/2017 Amount Explanation Vendor Account Description Business Unit 5,204 US-May17 Bldg Surchgs DEPT OF LABOR&INDUSTRY Building Surcharge General Fund 3,500 US-city council nlc conf NATIONAL LEAGUE OF CITIES Conference/Training City Council 2,674 US-fused glass kiln BIGCERAMICSTORE.COM Capital Under$25,000 Arts Center 2,627 US-tent/party rentals ULTIMATE EVENTS,INC Other Contracted Services July 4th Celebration 2,431 US-annual recognition ceremony BAKERS'RIBS Operating Supplies Fire 1,787 US-t shirts 4IMPRINT Advertising Prairie View Liquor Store 1,787 US-t shirts 4IMPRINT Advertising Prairie Village Liquor Store 1,787 US-t shirts 4IMPRINT Advertising Den Road Liquor Store 1,667 US-refrigerant RECLAMATION TECHNOLOGIES INC Repair&Maint. Supplies Facilities Staff 1,544 US-generator HOME DEPOT CREDIT SERVICES Small Tools Fire 1,239 US-fridge BENS DISCOUNT SUPPLY Capital Under$25,000 Concessions 1,196 US-PPE supply AMAZON.COM Operating Supplies Police 1,153 US-software maint ACCESSDATA GROUP INC Equipment Repair&Maint IT Operating 1,000 US-swat training ERBERT&GERBERT'S Training Supplies Police 970 US-IEDC conf IEDC Conference/Training Economic Development 911 US-phone cases-PD AMAZON.COM Capital Under$25,000 Capital Maint.&Reinvestment 895 US-trng naumann DEFENSIVE EDGE TRAINING CORP Tuition Reimbursement/School Police 790 US-medical kit COMBAT MEDICAL Training Supplies Police 635 US-tennis supplies WILSON SPORTING GOODS Operating Supplies Tennis 630 US-golf carts-4th of july VERSATILE VEHICLES INC Other Rentals July 4th Celebration 600 US-training-4 EVENTBRITE Tuition Reimbursement/School Police 580 US-gfoa traning GOVERNMENT FINANCE OFFICERS AS Conference/Training Finance 577 US-code books NFPA Fire Prevention Supplies Fire 554 US-books for cemt class AMAZON.COM Tuition Reimbursement/School Fire 535 US-spring volleyball gym renta EDEN PRAIRIE SCHOOL Gym Rental Volleyball 529 US-receipt printers P&R AMAZON.COM Process Control Equipment IT Operating 527 US-May17 Bldg Surchgs DEPT OF LABOR&INDUSTRY Mechanical Surcharge General Fund 512 US-license fee SCW WIM INC Licenses,Permits,Taxes,Fees Fitness Classes 500 US-deploy software PDQ.COM Software IT Operating 500 US-inventory software PDQ.COM Software IT Operating 496 US-tickets HISTORY THEATRE Special Event Fees Trips 468 US-laminator film BRADY WORLDWIDE INC Office Supplies Utility Operations-General 424 US-lgt uniforms CUSTOMINK Clothing&Uniforms Pool Operations 420 US-lessons AMERICAN RED CROSS Licenses,Permits,Taxes,Fees Pool Lessons 417 US-gateway fees NCR SPECIALTY Bank and Service Charges Den Road Liquor Store 410 US-safety camp lunch WHICH WICH Operating Supplies Police 390 US-community clean up day SUBWAY Operating Supplies Stormwater Non-Capital 378 US-tennis supplies WILSON SPORTING GOODS Operating Supplies Tennis 378 US-supplies YORK Repair&Maint. Supplies Fitness/Conference-Cmty Ctr 377 US-freezer WEBSTAURANT STORE Capital Under$25,000 Concessions 375 US-trng tony mike dane MN RURAL WATER ASSOCIATION Conference/Training Utility Operations-General 350 US-lifeguard review trng AMERICAN RED CROSS Licenses,Permits,Taxes,Fees Pool Lessons Amount Explanation Vendor Account Description Business Unit 350 US-lifeguard review trng AMERICAN RED CROSS Licenses,Permits,Taxes,Fees Pool Lessons 348 US-May17 Bldg Surchgs DEPT OF LABOR&INDUSTRY Plumbing Surcharge General Fund 341 US-gloves for booking facility AMAZON.COM Operating Supplies Police 332 US-supplies OFFICE DEPOT CREDIT PLAN Operating Supplies Youth Programs Admin 330 US-trail projects permit HENNEPIN COUNTY PUBLIC WORKS-F Other Contracted Services Capital Maint.&Reinvestment 313 US-parts ANYTHINGTRUCK.COM Equipment Parts Fleet Operating 284 US-camp supplies TARGET Operating Supplies New Adaptive 280 US-adaptive camp trip TWINS BALLPARK Special Event Fees New Adaptive 279 US-subscription FINANCE&COMMERCE Dues&Subscriptions Economic Development 279 US-monthly billing NIMBLE SCHEDULE Other Contracted Services Community Center Admin 276 US-outdoor ctr RODENT PRO Operating Supplies Outdoor Center 275 US-PTOE licensing R Ellis TRANSPORTATION RESEARCH BOARD Licenses,Permits,Taxes,Fees Engineering 274 US-supplies AMAZON.COM Operating Supplies Playgrounds 268 US-gateway fees NCR SPECIALTY Bank and Service Charges Prairie View Liquor Store 250 US-munoz trng BCA Tuition Reimbursement/School Police 249 US-training MINNESOTA RECREATION&PARK AS Conference/Training Recreation Admin 245 US-full course lifeguard AMERICAN RED CROSS Licenses,Permits,Taxes,Fees Pool Lessons 245 US-toning rings YOGAACCESSORIES.COM Capital Under$25,000 Fitness Classes 240 US-fit mic AV NOW,INC Operating Supplies Fitness Classes 240 US-screen protectors AMAZON.COM Capital Under$25,000 Capital Maint.&Reinvestment 236 US-k9 trials COUNTRY INN&SUITES Canine Supplies Police 236 US-k9 trials COUNTRY INN&SUITES Canine Supplies Police 230 US-equipment case AMAZON.COM Repair&Maint. Supplies Fire 228 US-conf hotel reservation hold SHERATON HOTEL Travel Expense Economic Development 225 US-DWI supply GALLS LLC Miscellaneous DWI Forfeiture 225 US-Sinon taser recert POLICE ONE Tuition Reimbursement/School Police 224 US-plants BACHMANS CREDIT DEPT Repair&Maint. Supplies Utility Operations-General 210 US-lifeguard review trng AMERICAN RED CROSS Licenses,Permits,Taxes,Fees Pool Lessons 207 US-council mtg food CRAVE CATERING Miscellaneous City Council 200 US-J Carlson continuing ed MAAO Conference/Training Assessing 200 US-training FBINAA Conference/Training Police 200 US-playground camp supplies DISCOUNT SCHOOL SUPPLY Operating Supplies Playgrounds 197 US-gateway fees NCR SPECIALTY Bank and Service Charges Prairie Village Liquor Store 195 US-camp supplies WALMART COMMUNITY Operating Supplies Playgrounds 192 US-bank/sery charges PLUG N PAY Bank and Service Charges Community Center Admin 188 US-zip lining trip SAND CREEK ADVENTURES LLC Special Event Fees Trips 185 US-camp DOMINO'S PIZZA Operating Supplies Playgrounds 177 US-new hire gifts bag HOBBY-LOBBY Employee Award Organizational Services 176 US-sign holders-staring lake DISPLAYS2GO Operating Supplies Staring Lake Concert 175 US-trng-megan NORMANDALE COMMUNITY COLLEGE Conference/Training Housing and Community Service 168 US-tools MENARDS Small Tools Wasterwater Collection 165 US-retirement gift-J Cordes HALLMARK INSIGHTS Employee Award Organizational Services 163 US-cart for sound equip ULINE Operating Supplies Summer Theatre 162 US-cpr class AMERICAN RED CROSS Conference/Training Community Center Admin 152 US-supplies MICHAELS-THE ARTS&CRAFTS S Operating Supplies Youth Programs Admin 152 US-codes books NFPA Training Supplies Fire Amount Explanation Vendor Account Description Business Unit 150 US-uniform items-instrustors SWIMOUTLET.COM Clothing&Uniforms Pool Lessons 150 US-quartermaster supply AMAZON.COM Operating Supplies Police 149 US-boat seat/tennis net cranks MILLS FLEET FARM Repair&Maint. Supplies Park Maintenance 143 US-supplies AMAZON.COM Operating Supplies New Adaptive 141 US-rental WG PARK CITY RENTAL Repair&Maint. Supplies Water Metering 140 US-supplies AMAZON.COM Operating Supplies Playgrounds 139 US-evidence media bluray/usb MICRO CENTER A/R Computers IT Operating 135 US-control box DON STODOLA WELL DRILLING CO I Repair&Maint. Supplies Pleasant Hill Cemetery 135 US-cpr class AMERICAN RED CROSS Wages No Benefits Youth Programs Admin 132 US July 4th planning GINA MARIAS INC Operating Supplies July 4th Celebration 132 US-parts R&R MARINE INC Equipment Parts Fleet Operating 132 US-train table AMAZON.COM Operating Supplies Day Care 131 US-J Thompson membership IAAO Dues&Subscriptions Assessing 131 US-bank/sery charges PLUG N PAY Bank and Service Charges Community Center Admin 127 US-network cables MY CABLE MART Equipment Repair&Maint IT Operating 126 US-promotion board ERBERT&GERBERT'S Operating Supplies Fire 125 US-supplies NORTH AMERICAN RESCUE Operating Supplies Police 125 US-tennis section tournament USTA-NORTHERN SECTION Dues&Subscriptions Tennis 125 US-tennis section tournament USTA-NORTHERN SECTION Dues&Subscriptions Tennis 125 US-Streiff trng POLICE COMBAT Tuition Reimbursement/School Police 124 US-safety glasses FULL SOURCE LLC Safety Supplies Utility Operations-General 118 US-k9 trials COUNTRY INN&SUITES Canine Supplies Police 118 US-k9 trials COUNTRY INN&SUITES Canine Supplies Police 112 US-supplies AMAZON.COM Operating Supplies Youth Programs Admin 111 US-50th anniversary VISTAPRINT.COM Operating Supplies Fire 111 US-supplies WALMART COMMUNITY Operating Supplies New Adaptive 111 US-camp supplies WALMART COMMUNITY Operating Supplies Playgrounds 110 US-flex band MERRITHEW HEALTH&FITNESS Capital Under$25,000 Fitness Classes 109 US-depth rope repair ADOLPH KIEFER&ASSOCIATES Safety Supplies Pool Operations 109 US-parts-water pump APPLE CHRYSLER DODGE JEEP Equipment Parts Fleet Operating 108 US-cpr class AMERICAN RED CROSS Wages No Benefits Youth Programs Admin 103 US-quartermaster supply AMAZON.COM Operating Supplies Police 101 US-antenna parts TESSCO INC Equipment Repair&Maint Public Safety Communications 100 US-art class promo ad FACEBOOK Advertising Arts Center 100 US-training MINNESOTA RECREATION&PARK AS Conference/Training Athletic Programs Admin 100 US-camp supplies WALMART COMMUNITY Operating Supplies Camp at Community Center 100 US-supplies AMAZON.COM Operating Supplies Playgrounds 97 US-parts NPI/RAM MOUNTS Equipment Parts Fleet Operating 97 US-café food SERRV Merchandise for Resale Concessions 97 US-bi annual recognition flowe BACHMANS CREDIT DEPT Operating Supplies Fire 95 US-kiln paper DELPHI Operating Supplies Arts 94 US-supplies OFFICESUPPLY.COM Repair&Maint. Supplies Fire Station#4 94 US-lights/tools MENARDS Repair&Maint. Supplies Wasterwater Collection 92 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 91 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 91 US-misc maint supplies MILLS FLEET FARM Repair&Maint. Supplies Water Treatment Amount Explanation Vendor Account Description Business Unit 88 US-sluc training SENSIBLE LAND USE COALITION Conference/Training Planning 87 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 87 US-batteries for musical MEDICBATTERIES.COM Operating Supplies Summer Theatre 85 US-ipad covers-water plant AMAZON.COM Operating Supplies Utility Operations-General 81 US-cpr class AMERICAN RED CROSS Wages No Benefits Day Care 75 US-software monthly payment ATLASSIAN Equipment Repair&Maint Fire 75 US-fingerprint reader-PD AMAZON.COM Computers IT Operating 74 US-crackers PARTY CITY Operating Supplies July 4th Celebration 73 US-tools HOME DEPOT CREDIT SERVICES Small Tools Wasterwater Collection 71 US-supplies HOME DEPOT CREDIT SERVICES Repair&Maint. Supplies Outdoor Center 70 US-wire/cups MENARDS Repair&Maint. Supplies Stormwater Collection 65 US-Its name tags OFFICE DEPOT CREDIT PLAN Operating Supplies Ice Lessons 64 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 64 US-filter for coffee machines OFFICESUPPLY.COM Repair&Maint. Supplies City Hall-CAM 64 US-kithchen supplies/saw MENARDS Repair&Maint. Supplies Utility Operations-General 63 US-supplies TARGET Operating Supplies Arts 62 US-flowers-sunshine fund LORIS FLOWER COTTAGE Deposits Escrow 62 US-water and coller for jazz f WALMART COMMUNITY Operating Supplies Staring Lake Concert 62 US-flashlights-pool AMAZON.COM Operating Supplies Pool Operations 61 US-supplies WAYTEK INC Operating Supplies Park Maintenance 60 US-training EVENTBRITE Tuition Reimbursement/School Police 60 US-training EVENTBRITE Tuition Reimbursement/School Police 60 US-coffee for safety camp CARIBOU COFFEE Operating Supplies Safety Camp 60 US-coffee for safety camp CARIBOU COFFEE Operating Supplies Safety Camp 60 US-garden party CUB FOODS EDEN PRAIRIE Special Event Fees Senior Board 59 US-fram for B White AMAZON.COM Operating Supplies Fire 58 US-ipad charger/flashlight AMAZON.COM Operating Supplies Pool Operations 58 US-cooler parts AMAZON.COM Operating Supplies Police 57 US-toner FS2 AMAZON.COM Process Control Equipment IT Operating 57 US July 4th supplies PARTY CITY Operating Supplies July 4th Celebration 56 US-net for garbage GANDER MOUNTAIN Repair&Maint. Supplies Stormwater Collection 56 US-outdoor ctr program MICHAELS-THE ARTS&CRAFTS S Operating Supplies Outdoor Center 55 US-parts for chair lift AMAZON.COM Operating Supplies Pool Operations 55 US-supplies for café FRATTALLONE'S/MINNETONKA ACE Operating Supplies Concessions 54 US-musical SWEETWATER MUSIC TECHNOLOGY DI Operating Supplies Summer Theatre 51 US-roller kit for scanner PD AMAZON.COM Process Control Equipment IT Operating 51 US-safety supplies NORTHERN SAFETY AND INDUSTRIAL Office Supplies Customer Service 50 US-coa costumes GOODWILL CHASKA Clothing&Uniforms Theatre Initiative 50 US-CPU under desk mount-PD AMAZON.COM Other Contracted Services Police City Center 50 US-supplies AMAZON.COM Operating Supplies Playgrounds 50 US-facebook ads FACEBOOK Advertising Prairie View Liquor Store 50 US-facebook ads FACEBOOK Advertising Prairie Village Liquor Store 50 US-facebook ads FACEBOOK Advertising Den Road Liquor Store 49 US-camp supplies SAM'S CLUB Operating Supplies Youth Programs Admin 48 US-auger FELDMANN ENGINEERING Equipment Parts Fleet Operating 48 US-tape measure for truck HOME DEPOT CREDIT SERVICES Repair&Maint. Supplies Stormwater Collection Amount Explanation Vendor Account Description Business Unit 48 US-new hire gifts bag WALMART COMMUNITY Employee Award Organizational Services 48 US-supplies AMAZON.COM Operating Supplies Playgrounds 47 US-locators HOME DEPOT CREDIT SERVICES Repair&Maint. Supplies Water Distribution 47 US-outdoor ctr program MENARDS Operating Supplies Outdoor Center 46 US-drivers safety CUB FOODS EDEN PRAIRIE Operating Supplies Senior Center Programs 45 US-staff safety camp lunch DAVANNI'S PIZZA Operating Supplies Riley Lake Beach 45 US-ad for audition PAYPAL INC Advertising Theatre Initiative 45 US-supplies for camp MICHAELS-THE ARTS&CRAFTS S Operating Supplies Playgrounds 45 US-brake pads MOTOPRIMO MOTORSPORTS Equipment Parts Fleet Operating 45 US-cups for studio AMAZON.COM Operating Supplies Fitness Classes 45 US-canvas panel BLICK ART MATERIALS Operating Supplies Arts 44 US-tourniquet NORTH AMERICAN RESCUE Training Supplies Police 43 US-dispatch books BLUE BOOK LAW Office Supplies Police 43 US-sunscreen/bug spray AMAZON.COM Operating Supplies Round Lake Beach 43 US-storm sewer repair HOME DEPOT CREDIT SERVICES Repair&Maint. Supplies Stormwater Collection 42 US-wasp trap MENARDS Repair&Maint. Supplies Water Treatment 41 US-critter food PETCO Operating Supplies Outdoor Center 40 US-camp supplies MICHAELS-THE ARTS&CRAFTS S Operating Supplies Playgrounds 40 US-critter food PETCO Operating Supplies Outdoor Center 39 US-fr tim memorial VINYL WALL EXPRESSIONS Operating Supplies Police 38 US-frame for K Hannick AMAZON.COM Operating Supplies Fire 37 US-laminator cartridge AMAZON.COM Office Supplies Senior Center Admin 36 US-parts AMAZON.COM Equipment Parts Fleet Operating 36 US-supplies HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance 35 US-toner FS2 AMAZON.COM Process Control Equipment IT Operating 34 US-plants BACHMANS CREDIT DEPT Repair&Maint. Supplies Utility Operations-General 34 US-pad locks/step ladder HOME DEPOT CREDIT SERVICES Operating Supplies Volleyball 34 US July 4th snacks CUB FOODS EDEN PRAIRIE Operating Supplies Round Lake Beach 33 US-outdoor ctr program MENARDS Operating Supplies Outdoor Center 33 US-supplies AMAZON.COM Operating Supplies New Adaptive 33 US-staff dinner CHIPOTLE Operating Supplies Youth Programs Admin 33 US-employee water COSTCO Operating Supplies Den Road Liquor Store 33 US-spray paint HOME DEPOT CREDIT SERVICES Repair&Maint. Supplies Utility Operations-General 32 US-camp supplies MICHAELS-THE ARTS&CRAFTS S Operating Supplies Camp at Community Center 32 US-outdoor ctr program TARGET Operating Supplies Outdoor Center 32 US-outdoor ctr program PLANT PLACE Operating Supplies Outdoor Center 32 US-supplies WALMART COMMUNITY Training Supplies Community Center Admin 31 US-café food CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 30 US-asphalt patch HOME DEPOT CREDIT SERVICES Patching Asphalt Street Maintenance 30 US-trng GOVERNMENT FINANCE OFFICERS AS Conference/Training Finance 30 US-outdoor ctr program MONARCH WATCH Operating Supplies Outdoor Center 30 US-supplies AMAZON.COM Operating Supplies Playgrounds 29 US-supplies AMAZON.COM Operating Supplies Playgrounds 28 US-weight room stool AMAZON.COM Operating Supplies Fitness Center 27 US-cash drawer fix-epcc CASH DRAWER LLC Equipment Repair&Maint IT Operating 27 US-parts SUMMIT RACING Equipment Parts Fleet Operating Amount Explanation Vendor Account Description Business Unit 27 US-ipad charger BEST BUY Repair&Maint. Supplies Utility Operations-General 26 US-truck 730 MENARDS Small Tools Water Distribution 26 US-prints PRINTING SERVICES Advertising Den Road Liquor Store 26 US-prints PRINTING SERVICES Advertising Prairie View Liquor Store 26 US-prints PRINTING SERVICES Advertising Prairie Village Liquor Store 26 US-lunch meeting MILIO'S SANDWICHES Operating Supplies Aquatics Admin. 26 US-splash into summer DOLLAR TREE STORES,INC. Operating Supplies Special Events(CC) 26 US-freight for filters FILPRO CORP Repair&Maint. Supplies Water Treatment 26 US-tennis supplies HOME DEPOT CREDIT SERVICES Operating Supplies Tennis 25 US-fingerprint supply AMAZON.COM Office Supplies Police 25 US-café food CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 25 US-garden party GRIZZLY INDUSTRIAL INC Special Event Fees Senior Board 25 US-tool for tymco HOME DEPOT CREDIT SERVICES Small Tools Street Maintenance 24 US-quartermaster supply AMAZON.COM Operating Supplies Police 24 US-plants BACHMANS CREDIT DEPT Repair&Maint. Supplies Utility Operations-General 23 US-admin support NATIONAL STUDENT CLEARINGHOUSE Other Contracted Services Organizational Services 21 US-keys MINUTE KEY Operating Supplies Playgrounds 21 US-marking wand HOME DEPOT CREDIT SERVICES Repair&Maint. Supplies Water Distribution 21 US-supplies AMAZON.COM Operating Supplies Playgrounds 21 US-employee water COSTCO Operating Supplies Prairie Village Liquor Store 21 US-camp supplies TARGET Operating Supplies Playgrounds 20 US-supplies YOYO DONUTS&COFFEE BAR Operating Supplies Fire 20 US-flying cloud irr HOME DEPOT CREDIT SERVICES Repair&Maint. Supplies Flying Cloud Fields 20 US-boiler license renewal DEPT OF LABOR&INDUSTRY Licenses,Permits,Taxes,Fees Water Treatment 20 US-HDMI adaptors for thunderbo AMAZON.COM Computers IT Operating 20 US-ice DAIRY QUEEN Operating Supplies July 4th Celebration 20 US-epermit web security PAYPAL INC Equipment Repair&Maint IT Operating 19 US-critter food PETCO Operating Supplies Outdoor Center 19 US-supplies AMAZON.COM Operating Supplies Playgrounds 18 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 18 US-clamps for shop MENARDS Operating Supplies Park Maintenance 18 US-breakfast meeting CUB FOODS EDEN PRAIRIE Operating Supplies Aquatics Admin. 18 US-employee water COSTCO Operating Supplies Prairie View Liquor Store 18 US-outdoor ctr program MICHAELS-THE ARTS&CRAFTS S Operating Supplies Outdoor Center 18 US-wire/connectors HOME DEPOT CREDIT SERVICES Repair&Maint. Supplies Wasterwater Collection 18 US-clock program WALMART COMMUNITY Operating Supplies Senior Center Admin 17 US-round lake splash pad HOME DEPOT CREDIT SERVICES Chemicals Round Lake 17 US-sunscreen/bug spray WALGREEN'S#5080 Operating Supplies Riley Lake Beach 16 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 16 US-music SPOTIFY Operating Supplies Pool Operations 16 US-supplies OFFICE DEPOT CREDIT PLAN Operating Supplies Park Facilities 16 US-sunscreen TARGET Operating Supplies Riley Lake Beach 15 US-sydney g memorial PARTY CITY Operating Supplies Aquatics Admin. 15 US-new teacher meeting CARIBOU COFFEE Operating Supplies Arts Center 15 US-parking MPLSPARKING.COM Mileage&Parking Police 15 US-chair lift batteries BATTERIES PLUS Operating Supplies Community Center Admin Amount Explanation Vendor Account Description Business Unit 15 US-nozzle tool AMAZON.COM Repair&Maint. Supplies Fire 15 US-supplies MENARDS Operating Supplies Playgrounds 15 US-café food ALDI Merchandise for Resale Concessions 14 US-aftercare printing project CUB FOODS EDEN PRAIRIE Operating Supplies Arts 14 US-supplies HOME DEPOT CREDIT SERVICES Operating Supplies Emergency Preparedness 14 US-reserve calendar CALENDAR WIZ Clothing&Uniforms Reserves 14 US-bead organizer-aftercare MICHAELS-THE ARTS&CRAFTS S Operating Supplies Arts 14 US-cheeta mounts-PD AMAZON.COM Other Contracted Services Police City Center 14 US-musical props FRATTALLONE'S/MINNETONKA ACE Operating Supplies Theatre Initiative 13 US-shop supplies HOME DEPOT CREDIT SERVICES Repair&Maint. Supplies Stormwater Collection 13 US-paper and ink BLICK ART MATERIALS Operating Supplies Arts 13 US-chair lift batteries WALGREEN'S#5080 Operating Supplies Pool Operations 13 US-clock MENARDS Repair&Maint. Supplies Water Treatment 12 US-supplies AMAZON.COM Operating Supplies Concessions 12 US-supplies OFFICE DEPOT CREDIT PLAN Operating Supplies Park Facilities 12 US-new hire gifts bag HOBBY-LOBBY Employee Award Organizational Services 12 US-RL 4th supplies HOME DEPOT CREDIT SERVICES Operating Supplies Round Lake 12 US-dinner staff CHIPOTLE Operating Supplies Youth Programs Admin 11 US-supplies MOTION INDUSTRIES INC. Repair&Maint. Supplies Water Treatment 11 US-misc supplies TARGET Operating Supplies Theatre Initiative 11 US-receipt books OFFICE DEPOT CREDIT PLAN Office Supplies Utility Operations-General 11 US-drinks for sports officials HOLIDAY STATION STORES INC Operating Supplies Volleyball 11 US-supplies AMAZON.COM Operating Supplies Youth Programs Admin 10 US-supplies DOLLAR TREE STORES,INC. Operating Supplies Camp at Community Center 10 US-ice for July 4th HOLIDAY STATION STORES INC Operating Supplies July 4th Celebration 9 US-staring lake bocce courts FRATTALLONE'S/MINNETONKA ACE Miscellaneous Athletic Programs Admin 9 US-dinner staff CHIPOTLE Operating Supplies Youth Programs Admin 8 US-labels PAYPAL INC Office Supplies Water Treatment 8 US-dps meeting parking ALLIED PARKING Operating Supplies Fire 7 US-supplies AMAZON.COM Operating Supplies Concessions 6 US-adapters for new iphones MY CABLE MART Operating Supplies Police 6 US-keys for café FRATTALLONE'S/MINNETONKA ACE Operating Supplies Concessions 6 US-outdoor ctr program MINUTE KEY Operating Supplies Outdoor Center 6 US-tools HOME DEPOT CREDIT SERVICES Small Tools Traffic Signals 6 US-paper BLICK ART MATERIALS Operating Supplies Arts Center 5 US-M Everson CC VERY LOST Deposits Escrow 4 US-critter food CUB FOODS EDEN PRAIRIE Operating Supplies Outdoor Center 2 US-camp supplies LUCKYS STATION Operating Supplies Playgrounds 2 US-supplies MENARDS Operating Supplies Emergency Preparedness 2 US-supplies WALMART COMMUNITY Training Supplies Community Center Admin 1 US-tennis net bolt HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance 1 US-monthly billing NIMBLE SCHEDULE Other Contracted Services Community Center Admin 1 US-monthly billing NIMBLE SCHEDULE Other Contracted Services Community Center Admin 0 US-monthly billing NIMBLE SCHEDULE Other Contracted Services Community Center Admin 0 US-monthly billing NIMBLE SCHEDULE Other Contracted Services Community Center Admin 0 US-monthly billing NIMBLE SCHEDULE Other Contracted Services Community Center Admin Amount Explanation Vendor Account Description Business Unit 0 US-monthly billing NIMBLE SCHEDULE Other Contracted Services Community Center Admin -4 US-refund WALMART COMMUNITY Training Supplies Community Center Admin -5 US-M Everson CC VERY LOST Deposits Escrow -18 US-S Bohnsack CC ILLUMINATIAM LLC Deposits Escrow -32 US-refund BRADY WORLDWIDE INC Office Supplies Utility Operations-General -48 US-refund for evernote ITUNES STORE Equipment Repair&Maint IT Operating -72 US-refund GLOBAL INDUSTRIAL.COM Operating Supplies Engineering -93 US-refund BRADY WORLDWIDE INC Office Supplies Utility Operations-General -122 US-May17 Bldg Surchgs DEPT OF LABOR&INDUSTRY Other Revenue General Fund -377 US-return freezer WEBSTAURANT STORE Capital Under$25,000 Concessions -1,203 US-J Wilson CC SPIRIT AIRLINES Deposits Escrow 64,827 Report Total CITY COUNCIL AGENDA DATE SECTION: Ordinances and Resolutions August 8, 2017 DEPARTMENT/DIVISION ITEM DESCRIPTION ITEM NO. City Attorney Amendment of City Code Sections 4.40, 4.50 XI.A. Richard F. Rosow, City Attorney and 4.71 Requested Action Move to: Approve First and Second Reading of an Ordinance Amending City Code Sections 4.40— Financial Responsibility, 4.50—Dispensing Liquor at Sports or Convention Facilities and City Designated Community Festivals and 4.71 —Authorizing Sunday Liquor Sales for Microdistillery Cocktail Rooms. Synopsis The amendment to Section 4.40 conforms the City Code to an amendment by the legislature this year to increase the required dram shop insurance from $300,000 to $310,000. The amendments to Section 4.50 change the reference of a"sale"to the statutory term of"dispense" and allows the City Council to authorize the holder of an on-sale intoxicating liquor license to dispense liquor off premises at a community festival,pursuant to the authority of Minn. Statute Section 340.404 Subd 4 (a) and(b). The amendment to Section 4.71 allows Microdistillery cocktail lounges to apply for a Sunday on-sale of distilled spirits licenses based on the authority of Minnesota Statutes Section 340A.22 and 340.504, Subd. 3. Attachment Ordinance Amendment to City Code Section 4.40, 4.51 and 4.71 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2017 AN ORDINANCE OF THE CITY OF EDEN PRAIRE, MINNESOTA, AMENDING CITY CODE CHAPTER 4 SECTION 4.40 REALTING TO FINANCIAL RESPONSIBILITY, SECTION 4.50 RELATING TO DISPENSING OF LIQUOR AT SPORTS OR CONVENTION FACILITIES OWNED BY THE CITY AND AT CITY DESIGNATED COMMUNITY FESITVALS, AND SECTION 4.71 RELATING TO SUNDAY ON-SALE LICENSES FOR A MICRODISLLERY COCKTAIL ROOM AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 4.99 WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS The City Council of the City of Eden Prairie, Minnesota, ordains: Section 1. City Code Section 4.04 Subd. 1, A is amended by changing the reference to $300,000"to $310,000 or such higher amount as specified by state statute." Section 2. City Code Section 4.50 is amended by changing the title to "SPORTS OR CONVENTION AND COMMUNITY FESTIVAL LICENSE Section 3. City Code Section 4.50 is amended by changing the in each instance the word "sell" to the word "dispense" and by changing the word "sales" in the sentence that starts "All such sales"to the word"dispensing". Section 4. City Code Section 4.50 is further amended by adding at the end of the text the following: The Council may authorize a holder of a retail on-sale intoxicating liquor license issued by the municipality to dispense intoxicating liquor off premises at a community festival held within the municipality. The authorization shall specify the area in which the intoxicating liquor must be dispensed and consumed, and shall not be issued unless the licensee demonstrates that it has liability insurance as prescribed by section 340A.409 to cover the event. Section 5. City Code Section 4.71, Subdivision 5 is amended by adding the following sentence at the end of the subdivision: "Microdistillery cocktail rooms may apply for Sunday on-sale of distilled spirits licenses subject to Minnesota Statutes Section 340A.22 for the hours set forth in Minnesota Statutes Section 340A.504, Subd. 3 for other Sunday sales. Section 6. City Code Chapter 1 entitled"General Provisions and Definitions Applicable to Entire City Code including Penalty for Violation" and Section 4.99 entitled violation a Misdemeanor" are hereby adopted in their entirety by reference as through repeated verbatim herein. Section 7. This ordinance shall become effective from and after its passage and publication. FIRST AND SECOND READING adopted and ordered published at a regular meeting of the City Council for the City of Eden Prairie on the 8th day of August, 2017. City Clerk Mayor PUBLISHED in the Eden Prairie News on the 17th day of August, 2017. CITY COUNCIL AGENDA DATE: SECTION: Ordinances and Resolutions August 8, 2017 DEPARTMENT /DIVISION: ITEM DESCRIPTION: ITEM NO.: Engineering Approve First Reading of Ordinance XI.B. Robert Ellis/Public Works Amending City Code Sections 6.01 and 6.03 Relating to Small Wireless Facility Permits Requested Action Move to: Approve First Reading of Ordinance Amending City Code Sections 6.01 and 6.03 Relating to Small Wireless Facility Permits. Synopsis City Code Section 6.03 is being amended to provide that a telecommunication right-of-way user who desires to place a small wireless facility on privately owned wireless support structures in the public right-of-way must obtain a permit from the City. The amendment further provides that a telecommunication right-of-way user who desires to place a small wireless facility on a City-owned wireless support structure must enter into a collocation agreement with the City. City Code Section 6.01 is being amended to update and add definitions. Background The amendments to Sections 6.01 and 6.03 are being made in response to state legislation passed during the 2017 session regarding local government regulation of"small wireless facilities,"which are small antennas and associated equipment used to provide wireless service between a network and its users. Under the new legislation, the City cannot prohibit the placement of such small wireless facilities or structures to support such facilities in the public right-of-way. The City may, however, require a user to obtain a permit from the City and, if the facility is to be placed on a City-owned structure, enter into an agreement with the City setting forth the terms and conditions of such use. Attachment Ordinance CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2017 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA AMENDING CITY CODE SECTIONS 6.01 AND 6.03 RELATING TO SMALL WIRELESS FACILITIES; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 6.99 WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA, ORDAINS: Section 1. City Code Chapter 6, Section 6.01 is hereby deleted in its entirety and replaced with the following: SECTION 6.01. DEFINITIONS. Except as otherwise defined in the City Code or where the context clearly indicates a contrary intent, the words and terms defined in Minnesota Statutes Chapter 169, Minnesota Statutes Chapter 237, and Minnesota Administrative Rules Chapter 7819, all as amended from time to time, shall be applicable to City Code Chapters 5, 6, 7 and 8. Wherever reference is made to an individual or position in this Chapter, it shall mean the individual or person or his/her designee. The following words, terms and phrases, as used herein, have the following meanings unless the context clearly indicates otherwise: Subd. 1. "Abandoned Facility" - a facility no longer in service or physically disconnected from a portion of the operating facility, or from any other facility, that is in use or still carries service; or a facility that is declared abandoned by the right-of-way user. Subd. 2. "Applicant" - any person requesting permission from the City to excavate or obstruct a public right-of-way or to place a new wireless support structure or collocate small wireless facilities on wireless support structures in the public right-of-way. Subd. 3. "Collocate" or "Collocation"—to install, mount, maintain, modify, operate, or replace a small wireless facility on, under, within, or adjacent to an existing wireless support structure that is owned privately or by a local government unit. Subd. 4. "Delay Penalty" - the monetary penalty imposed by the City as a result of unreasonable delays in permitted work within the right-of-way, including but not limited to construction, excavation, obstruction,patching, or restoration. Subd. 5. "Director" -the City's Director of Public Works or his or her designee. Subd. 6. "Emergency" - a condition that poses a clear and immediate danger to life or health; may result in a significant loss of property; or requires immediate repair or replacement in order to restore service to a customer. Subd. 7. "Equipment" - any tangible asset located within the right-of-way that is used in the process of construction, installation, repair, or maintenance. Subd. 8. "Excavate" - to dig into or in any way remove, physically disturb, or penetrate any part of a public right-of-way. Subd. 9. "Facility" or "Facilities" - any tangible asset(s) in the right-of-way required to provide utility service, including wireless service. The term does not include facilities to the extent the location and relocation of such facilities are preempted by Minnesota Statutes Section 161.45 governing utility facility placement in state trunk highways. Subd. 10. "Ground-Mounted Equipment" — equipment used in the operation of a wireless facility that is located on the ground and protrudes above the surface elevation of the ground. Subd. 11. "High Density Corridor" - a designated portion of the public right-of-way within which telecommunications right-of-way users having multiple and competing facilities may be required to build and install facilities in a common conduit system or other common structure. Subd. 12. "Local Guide Specifications and Standard Details" - the following rules and regulations of the City: General Conditions to the Standard Specifications for Construction; Standard Detail Specifications for Sanitary and Storm Sewer Systems; Standard Detail Specifications for Watermain Systems; Standard Detail Specifications for Sanitary and Storm Sewer and Watermain Systems Excavation, Installation and Non- Pavement Restoration Procedures; and Standard Detail Specifications for Street Construction, Walkways, and Pavement Restoration. Subd. 13. "Micro Wireless Facility" — a small wireless facility that is no larger than 24 inches long, 15 inches wide, and 12 inches high, and whose exterior antenna, if any, is no longer than 11 inches. Subd. 14. "Obstruct" - to place any tangible object upon a public right-of-way so as to hinder free and open passage over that or any part of the right-of-way. Subd. 15. "Patch or Patching" - a method of pavement replacement that is temporary in nature. A patch consists of: (1) the compaction of the subbase and aggregate base, and (2) the replacement, with the same grade of material, of the existing pavement for a minimum of two feet beyond the edges of the excavation in all directions. Subd. 16. "Pavement" - any type of improved surface that is within the public right-of- way and that is paved or otherwise constructed with paver blocks, bituminous, concrete, aggregate, or gravel. Subd. 17. "Permit Holder" - any person to whom a right-of-way permit or small wireless facility permit has been granted by the City. Subd. 18. "Person" - all firms, partnerships, associations, limited liability companies, corporations, and natural persons. Subd. 19. "Potholing" - excavating the area above an underground facility to determine the precise location of the underground facility without damage to it, before excavating within two feet of the marked location of the underground facility. Subd. 20. "Public Right-of-Way" - the area on, below, or above a public roadway, highway, street, cartway, bicycle lane, trail, and public sidewalk in which the City has an interest, including other dedicated rights-of-way for travel purposes and utility easements of the City. Subd. 21. "Public Utility Structure" — includes a utility pole and any structure or pole supporting wires for communication or transmission of data or roadway lighting. Subd. 22. "Restore" or "Restoration" - the process by which the right-of-way and surrounding area, including pavement, foundation, surfacing, and ground vegetation are returned to the same condition and life expectancy that existed before excavation. Subd. 23. "Right-of-Way Management Costs" - (a) the actual costs the City incurs in managing its public rights-of-way, including such costs, if incurred, as those associated with registering applicants; issuing, processing, and verifying right-of-way or small wireless facility permit applications; inspecting job sites and restoration projects; maintaining, supporting, protecting, or moving user equipment during public right-of- way work; determining the adequacy of right-of-way restoration; restoring work inadequately performed after providing notice and the opportunity to correct the work; and revoking right-of-way or small wireless facility permits. (b) Management costs do not include: (1) payment by a telecommunications right-of-way user for the use of the public right-of-way; (2) unreasonable fees of a third-party contractor used by the City as part of managing its public rights-of-way, including but not limited to any third-party contractor fee tied to or based upon customer counts, access lines, revenue generated by the telecommunications right-of-way user, or revenue generated for a local government unit; or (3) the fees and cost of litigation relating to the interpretation of this Section or of Minnesota Statutes Sections 237.162 or 237.163, or the City's fees and costs related to appeals taken pursuant to section 237.163, subdivision 5. Subd. 24. "Right-of-Way Permit" — a permit to perform work in a public right-of-way, whether to excavate or obstruct the right-of-way. Subd. 25. "Right-of-Way User" — (1) a telecommunications right-of-way user; or (2) a person owning or controlling a facility in the public right-of-way that is used or is intended to be used for providing utility service, and who has a right under law, franchise, or ordinance to use the public right-of-way. Subd. 26. "Service" or "Utility Service" - includes (1) services provided by a public utility as defined in Minnesota Statutes section 216B.02, subdivisions 4 and 6; (2) services of a telecommunications right-of-way user, including the transporting of voice or data information; (3) services provided by a cable communications system as defined in Minnesota Statutes, Chapter 238; (4)natural gas or electric energy or telecommunications services provided by a local government unit; (5) services provided by a cooperative electric association organized under Minnesota Statutes, Chapter 308A; (6) water, sewer, steam, cooling, or heating services; (7) pipeline, community antenna television, fire and alarm communications, electricity, light, energy, or power services; (8) the services provided by a public service corporation organized pursuant to Minnesota Statutes, Chapter 301B; and(9)the services provided by a district heating or cooling system. Subd. 27. "Service Lateral" - an underground facility that is used to transmit, distribute, or furnish gas, electricity, communications, or water from a common source to an end-use customer. A service lateral is also an underground facility that is used in the removal of wastewater from a customer's premises. Subd. 28. "Small Wireless Facility"—"Small wireless facility"means: (1) a wireless facility that meets both of the following qualifications: (i) each antenna is located inside an enclosure of no more than six cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all its exposed elements could fit within an enclosure of no more than six cubic feet; and (ii) all other wireless equipment associated with the small wireless facility, excluding electric meters, concealment elements, telecommunications demarcation boxes, battery backup power systems, grounding equipment, power transfer switches, cutoff switches, cable, conduit, vertical cable runs for the connection of power and other services, and any equipment concealed from public view within or behind an existing structure or concealment, is in aggregate no more than 28 cubic feet in volume; or (2) a micro wireless facility. Subd. 29. "Small Wireless Facility Permit" —a permit to place a new wireless support structure or collocate small wireless facilities on wireless support structures in the public right-of-way. Subd. 30. "Telecommunications Right-of-Way User"—a person owning or controlling a facility in the public right-of-way, or seeking to own or control a facility in the public right-of-way, that is used or intended to be used for providing wireless service, or transporting telecommunications or other voice or data information. Subd. 31. "Trench" - an excavation in the right-of-way having a length equal to or greater than the width of the right-of-way for the sections of roadway where the work is occurring, including a directional bore. Subd. 32. "Utility Pole" — a pole that is used in whole or in part to facilitate telecommunications or electric service. Subd. 33. "Wireless Facility" — (a) "Wireless facility" means equipment at a fixed location that enables the provision of wireless services between user equipment and a wireless service network, including: (1) equipment associated with wireless service; (2) a radio transceiver, antenna, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration; and (3) a small wireless facility. (b) "Wireless facility" does not include: (1)wireless support structures; (2)wireline backhaul facilities; or (3) coaxial or fiber-optic cables (i) between utility poles or wireless support structures, or (ii) that are not otherwise immediately adjacent to or directly associated with a specific antenna. Subd. 34. "Wireless Service" — any service using licensed or unlicensed wireless spectrum, including the use of Wi-Fi, whether at a fixed location or by means of a mobile device, that is provided using wireless facilities. Wireless service does not include services regulated under Title VI of the Communications Act of 1934, as amended, including cable service under United States Code, title 47, section 522, clause (6). Subd. 35. "Wireless Support Structure" — a new or existing structure in a public right- of-way designed to support or capable of supporting small wireless facilities, as reasonably determined by the City. Subd. 36. "Wireline Backhaul Facility" — a facility used to transport communications data by wire from a wireless facility to a communications network. Section 2. City Code Chapter 6, Section 6.03 is hereby deleted in its entirety and replaced with the following: SECTION 6.03. RIGHT-OF-WAY PERMITS. Subd. 1. Permit Required. Except as otherwise provided in the City Code, no person may temporarily or permanently obstruct or excavate any public right-of-way without first having obtained a right-of-way permit from the City. Subd. 2. Permit Applications. A. A written application for a right-of-way permit shall be submitted to the Public Works Department at least two weeks prior to the anticipated project start date. The application shall be made on a form provided by the City and shall include all required attachments, a scaled drawing showing the location and area of the proposed project and the location of all proposed facilities, a traffic control plan, a restoration plan, a timeline for the proposed project, and, if requested by the Director, a scaled drawing showing the location of all known existing facilities and a public notification plan. All such applications shall be consistent with the provisions of this Chapter and good engineering, safety, and maintenance practices shall be followed for the work or activity conducted under the right-of- way permit. B. The application shall require the applicant to defend, indemnify and hold the City harmless from all liability or claims of liability for bodily injury or death to persons, or for property damage, for those claims specified in Minnesota Rule 7819.1250, subpart 2. C. If the City has suffered any undisputed loss, damage, or expense because of the applicant's prior excavations or obstructions of the public right-of-way or any emergency actions relating thereto, the Director may require the applicant to reimburse the City for such expense before considering a new permit application for approval. D. Before granting any permit under any of the provisions of this Chapter, the Director may impose such insurance, bonding, letter of credit, cash deposit, or other financial security requirements thereon as deemed necessary to properly safeguard persons or property exposed to the work or activity. Such insurance shall also protect the City and its employees from any suit, action or cause of action arising by reason of such work or activity. E. If requested by the Director, an applicant for a right-of-way permit shall provide mapping information in accordance with Minnesota Rules 7819.4000 and 7819.4100. Subd. 3. Issuance of Permit and Conditions. Upon the Director's determination that the applicant has satisfied the requirements of this Section, the Director shall issue the right-of-way permit subject to the terms and conditions of this Chapter. The Director may impose reasonable conditions upon the issuance of the right-of-way permit and the performance of the permit holder to protect the health, safety, and welfare or when necessary to protect the right-of-way and its current use. In addition, a permit holder shall comply with all requirements of local guide specifications and standard details as well as all local, state and federal laws, including but not limited to Minnesota Statutes Chapter 216D and Minnesota Rules Chapter 7560 (Gopher One Call Excavation Notice System). Subd. 4. Permit Fees. The City shall establish a right-of-way permit fee in an amount sufficient to recover City costs. The City shall impose the permit fee at the time it issues a right-of-way permit. The City, in its sole discretion, may require payment of the permit fee: (1) at the time of permit issuance; (2)within thirty(30) days of billing; or(3)through an annual billing. Failure to pay permit fees when due may result in suspension or revocation of a right-of-way permit. Permit fees paid for a permit that has been revoked by the Director are not refundable. Unless otherwise agreed to in a franchise agreement, permit fees may be charged separately from and in addition to the franchise fees imposed on a right-of-way user in the franchise agreement. Subd. 5. Permit Display. Right-of-way permits issued under this Chapter shall be conspicuously displayed or otherwise available at all times at the indicated work site and shall be available for inspection by the Director. Subd. 6. Permit Extensions. A right-of-way permit is valid only for the area of the public right-of-way specified in the permit and for the dates specified in the permit. No permit holder may do any work outside of the area specified in the permit or begin its work before the permit start date or continue working after the permit end date. Any permit holder desiring to obstruct or excavate an area greater than that specified in the permit or desiring to perform work on dates not specified in the permit shall apply for a new or extended right-of-way permit and pay any additional fees required by the City. The permit holder shall obtain the new or extended permit before performing any work not allowed by the original permit. Subd. 7. Denial of Permit. The City may deny a right-of-way permit for failure to meet the requirements and conditions of this Section, if the applicant has existing facilities in the right-of-way that are in a state of structural or aesthetic disrepair, or if the City determines that the denial is necessary to protect the health, safety, and welfare of the public or when necessary to protect the right-of-way and its current use. The City shall notify the applicant in writing within three (3) business days of its decision to deny the permit. Upon denial, the applicant may cure the deficiencies identified by the City and resubmit its application. If the applicant resubmits the application within thirty (30) days of receiving written notice of the denial, no additional filing or processing fee shall be required. The City shall approve or deny the revised application within thirty (30) days after the revised application is submitted. Subd. 8. Standards for Construction or Installation. A. General Standards. Excavation, backfilling, patching, restoration, and all other work performed in the right-of-way must be done in conformance with all applicable Minnesota Statutes and Administrative Rules, including without limitation Rules 7819.5000 and 7819.5100, all requirements of the City Code, and local guide specifications and standard details that are consistent with Minnesota Statutes Sections 237.162 and 237.163. Installation of service laterals must be performed in accordance with Minnesota Rules Chapter 7560 and the City Code. The permit holder shall comply with the following additional standards when performing the work authorized under the right-of-way permit: 1. Take such precautions as are necessary to avoid creating unsanitary conditions. 2. Conduct the operations and perform the work in a manner that insures the least obstruction to and interference with traffic. 3. Take adequate precautions to insure the safety of the general public and those who require access to abutting property. 4. Notify adjoining property owners prior to commencement of work which may disrupt the use of and access to such adjoining properties. 5. Comply with the Minnesota Manual of Uniform Traffic Control Devices at all times during construction or installation. 6. Exercise caution at all times for the protection of persons, including employees, and property. 7. Protect and identify excavations and work operations with barricade flags and, if required, by a flag person in the daytime and by warning lights at night. 8. Provide proper trench protection as required by the Occupational Safety and Health Administration in order to prevent cave-ins endangering life. 9. Protect the root growth of trees and shrubbery. 10. If possible, provide for space in the installation area for other right-of-way users. 11. Maintain access to all properties and cross streets as possible during construction and installation and maintain emergency vehicle access at all times. 12. Maintain alignment and grade unless otherwise authorized by the City. Changes not approved by the City will require removal and reconstruction. 13. During plowing or trenching of facilities, a warning tape must be placed at a depth of twelve (12) inches above copper cables with over two hundred (200)pairs and above fiber facilities. 14. Below concrete or bituminous paved road surfaces, directional bore facilities must be installed in conduit of a type determined by the permit holder. 15. The placing of all facilities must comply with the National Electric Safety Code, as incorporated by reference in Minnesota Statutes section 326B.35. 16. At the direction of the Director, facilities being installed or relocated within a high density corridor shall be placed in a common conduit system or share other common structures. 17. A Minnesota licensed surveyor shall be used to locate property lines, install property pins, and replace any destroyed property pins at corners. 18. Excavations, trenches, and jacking pits off the roadway or adjacent to the roadway or curbing shall be sheathed and braced depending upon location and soil stability and as directed by the City. 19. Excavations, trenches, and jacking pits shall be protected when unattended to prevent entrance of surface drainage. 20. All backfilling must be placed in six inch (6") layers at optimum moisture and compacted with the objective of attaining ninety-five percent (95%) of Standard Proctor. Compaction shall be accomplished with hand, pneumatic, or vibrating compactors as appropriate. 21. Backfill material shall be subject to the approval of the Director. The Director may permit backfilling with the material from the excavation provided such material is acceptable to the Director. 22. Compacted backfill shall be brought to bottom of the aggregate base of the approved street section. 23. All work performed in the right-of-way shall be done in conformance with local guide specifications and standard details, unless a less stringent standard is approved by the Director. 24. Street and pedestrian traffic shall be maintained throughout construction unless provided otherwise by the permit. 25. No lugs damaging to roadway surfaces may be used. 26. Dirt or debris must be periodically removed during construction, which may require the use of a mechanical sweeper. 27. Above-ground utility markers may not be installed except as authorized by the Director. 28. Above-ground utility cabinets, pedestals, and boxes shall be identified with a durable external sign or marker reflecting the name and contact information of the owner of the facility. 29. Other reasonable standards and requirements of the Director. B. Standards for Installation of Underground Utilities. The right-of-way permit holder shall comply with the following standards when installing facilities underground: 1. Buried fiber facilities shall be at a minimum depth of three (3) feet and a maximum depth of four (4) feet unless an alternate location is approved in advance by the Director. Buried copper facilities below concrete or bituminous paved road surfaces must be placed at a minimum depth of three (3) feet and a maximum depth of four (4) feet. Other buried copper facilities must be placed at a minimum depth of thirty (30) inches and a maximum depth of four(4) feet. 2. Crossing of streets and hard surfaced driveways shall be directional bored unless otherwise approved by the Director. 3. If construction is open cut, the permit holder must install the visual tracers within twelve (12) inches and over buried facilities. If other construction methods are used, substitute location methods will be considered. 4. The permit holder shall register with Gopher State One Call and comply with the requirements of that system. 5. Compaction in a trench shall be ninety-five percent (95%) of Standard Proctor and copies of test results must be submitted to the Director. Tests will be required at the discretion of the Director. Tests must be conducted by an independent testing firm at locations approved by the Director. The Director may require recompaction and new tests if densities are not met. 6. The facilities shall be located so as to avoid traffic signals and signs, which are generally placed a minimum of three (3) feet behind the curb. 7. When utilizing trenchless installation methods to cross an area in which a municipal utility is located, and when directed by the City, the permit holder shall excavate an observation hole over the utility to ensure that the City utility is not damaged. 8. All junction boxes or access points shall be located no closer than ten (10) feet from City hydrants, valves, manholes, lift stations, or catch basins unless an alternate location is approved by the City. 9. Underground facilities shall not be installed between a hydrant and an auxiliary valve. 10. Buried telecommunications facilities must have a locating wire or conductive shield, except for dielectric cables. 11. Buried fiber facilities must be placed in a conduit of a type determined by the right-of-way user unless the permit holder obtains a waiver from the City. C. Standards for Installation of Overhead Facilities. The right-of-way permit holder shall comply with the following standards when installing facilities, other than small wireless facilities, overhead: 1. All wires shall be a minimum of eighteen (18) feet above paved surfaces and at a location that does not interfere with traffic signals, overhead signs, or street lights. 2. Facilities shall be co-located on poles where possible. 3. Placing overhead facilities on both sides of the right-of-way is prohibited unless specifically approved by the Director. D. Trenchless Excavation. A right-of-way permit holder employing trenchless excavation methods, including but not limited to horizontal directional drilling, shall follow all requirements set forth in Minnesota Statutes Chapter 216D and Minnesota Rules Chapter 7560, and shall employ potholing or open cutting over existing underground utilities before excavating as determined by the City. E. Location of Facilities. 1. Location. Placement, location, and relocation of facilities must comply with local guide specifications and standard details and other applicable laws, and with Minnesota Rules 7819.3100, 7819.5000, and 7819.5100. 2. Corridors. The City may assign specific corridors within the right-of- way, or any particular segment thereof, for each type of facility that is or, pursuant to current technology, the City expects will someday be located within the right-of-way. All right-of-way permits issued by the City involving the installation or replacement of facilities shall designate the proper corridor for the facilities at issue. Facilities being installed or relocated within a high density corridor shall be placed in a common conduit system or share other common structures. 3. Limitation of Space. To protect the health, safety, and welfare of the public or when necessary to protect the right-of-way and its current use, the Director shall have the power to prohibit or limit the placement of new or additional facilities within the right-of-way. The Director shall strive to accommodate all existing and potential users of the right-of-way, but shall be guided primarily by considerations of the public interest, the public's needs for the particular utility service, the condition of the right-of-way, the time of year with respect to essential utilities, the protection of existing facilities in the right-of-way, and future City plans for public improvements and development projects. Subd. 9. Small Wireless Facilities. 1. Purpose and Findings. The City desires high quality wireless services to accommodate the needs of residents and businesses. At the same time, the City strives to minimize the negative impacts that small wireless facilities can create. These negative impacts include, but are not limited to, interference with right-of- way user sight lines, impacts to right-of-way user circulation, incompatible aesthetics with the surrounding area, fall zone risk, clear zone risk, creating navigation obstacles, interference with future travel way expansion plans, interference with the delivery of other utility services, interference with stormwater management facilities, and increased noise pollution. To minimize these negative impacts, any person desiring to place a new wireless support structure in the right-of-way or collocate small wireless facilities on existing privately-owned wireless support structures in the right-of-way shall first obtain a small wireless facility permit from the City. Any person desiring to collocate small wireless facilities on existing wireless support structures owned or controlled by the City shall first enter into a standard small wireless facility collocation agreement. The purpose of these requirements is to comply with Minnesota Statutes Sections 237.162 and 237.163 while at the same time protecting the public health, safety, and welfare. The City will consider impacts to the public health, safety and welfare when reviewing a small wireless permit application and a request to enter into a small wireless facility collocation agreement. The public health, safety and welfare can be best accommodated by locating small wireless facilities in the following order, which affords the greatest protection of the public: a. Locate outside of the right-of-way. b. Collocate on existing wireless support structures within the right- of-way. c. Locate on a new wireless support structure within the right-of-way that replaces an existing wireless support structure of the same height. d. Locate on a new wireless support structure within the right-of-way that replaces an existing wireless support structure whose height is less than or equal to 50 feet. e. Locate on a new wireless support structure within the right-of-way whose height is similar to nearby structures. f. Locate on a new wireless support structure within the right-of-way whose height is less than or equal to 50 feet. The City will also consider factors such as aesthetic compatibility of the small wireless facility with surrounding structures, ability to eliminate, underground, or screen ground-mounted equipment, dangers within the small wireless facility fall zone, distance of the small wireless facility from roads, sidewalks, trails and bicycle lanes, and future roadway, pedestrian, bicycle, water, wastewater, and stormwater improvement plans for the site before issuing small wireless facility permit or entering into a standard small wireless facility collocation agreement. 2. Small Wireless Facility Permit. No person may place a new wireless support structure within the right-of-way or collocate a small wireless facility on an existing privately-owned wireless support structure in the right-of-way without first obtaining a small wireless facility permit from the City. 1. Permit Application and Fee. A written application for a small wireless facility permit shall be submitted to the Director on a form provided by the City. The applicant shall pay an application fee in the amount set forth in the Fee Resolution adopted by the City Council, as the same may be amended from time to time. The application will be processed in accordance with the requirements of Minnesota Statutes § 237.163, subd. 3c(b) and (c). 2. Consolidated Permit Application. An applicant may file a consolidated permit application to collocate up to fifteen (15) small wireless facilities, provided that the small wireless facilities in the application: (a) are located within a two-mile radius; (b) consist of substantially similar equipment; and (c) are to be placed on similar types of wireless support structures. 3. Permission from Owner. If the applicant seeks to collocate a small wireless facility on an existing wireless support structure, the applicant shall, at the time of application, provide the City with proof that it has obtained the necessary authority from the owner of the wireless support structure to collocate the small wireless facility on the structure. 4. Issuance of Permit and Conditions. Upon the Director's determination that the applicant has satisfied the requirements of this Section, the Director shall issue the small wireless facility permit. The Director may condition permit approval on compliance with the following: (a) generally applicable and reasonable health, safety, and welfare regulations consistent with the City's authority to manage its public right-of-way; (b) reasonable accommodations for decorative wireless support structures or signs; and (c) any reasonable restocking, replacement, or relocation requirements when a new wireless support structure is placed in the right-of- way. In rendering a decision on a consolidated permit application, the Director may approve a permit for some small wireless facilities and deny a permit for others, but may not use denial of one or more permits as a basis to deny all the small wireless facilities in the consolidated application. 5. Permit Denial. The Director may deny a small wireless facility permit if he or she reasonably determines that the applicant has not satisfied the requirements of this Section or that approval of the permit would be contrary to generally applicable and reasonable health, safety, and welfare regulations. The City shall notify the applicant in writing within three (3) business days of its decision to deny the permit. Upon denial, the applicant may cure the deficiencies identified by the City and resubmit its application. If the applicant resubmits the application within thirty (30) days of receiving written notice of the denial, no additional filing or processing fee shall be required. The City shall approve or deny the revised application within thirty (30) days after the revised application is submitted. 6. Term. The term of a small wireless facility permit shall be equal to the length of time that the small wireless facility is in use, unless earlier revoked under this Section. 7. Obstruction or Excavation. A small wireless facility permit holder whose approved work in the right-of-way involves obstruction or excavation of the right-of-way shall also obtain a right-of-way permit from the City. 8. Requirements for New Wireless Support Structures. New wireless support structures that comply with the following requirements may be placed in the right-of-way after the issuance of a small wireless facility permit: (a) A new wireless support structure shall not exceed fifty (50) feet above ground level, subject to the requirements of City Code Chapter 11, and shall be separated from other wireless support structures by a minimum of six hundred(600) feet. (b) Notwithstanding subsection (i), a new wireless support structure that replaces an existing wireless support structure that is higher than 50 feet above ground level may be placed at the height of the existing wireless support structure, subject to the requirements of City Code Chapter 11. (c) The diameter of a new wireless support structure that replaces an existing wireless support structure shall not exceed the diameter of the existing wireless support structure by more than fifty percent (50%). (d) Wireless facilities constructed in the right-of-way after May 31, 2017 shall not extend more than ten (10) feet above an existing wireless support structure in place as of May 31, 2017. 9. Requirements for Small Wireless Facilities. A small wireless facility that complies with the following requirements may be located on a new wireless support structure within the right-of-way or collocated on an existing privately-owned wireless support structure within the right-of- way after issuance of a small wireless facility permit: (a) The small wireless facility shall have limited exposed cabling and mounting hardware. It shall also match the wireless support structure it is attached to in color and, as close as practicable, in material and design. (b) The small wireless facility shall not interfere with public safety wireless telecommunications. (c) Small wireless facilities in the right-of-way shall be removed and relocated at the City's request and at no cost to the City when the Director determines that removal and relocation is necessary to prevent interference with: (1) present or future City use of the right-of-way for a public project; (2) the public health, safety, or welfare; or (3) the safety and convenience of travel over the right- of-way. (d) A small wireless facility attached to an existing wireless support structure shall not block light emanating from the wireless support structure and shall not otherwise interfere with the original use of the wireless support structure. (e) Ground-mounted equipment associated with the small wireless facility is prohibited unless the applicant can show that ground- mounted equipment is necessary for operation of the small wireless facility. If ground-mounted equipment is necessary, it shall comply with the provisions of City Code Section 11.06, subd. 9, and shall also meet the following standards: (i) Ground-mounted equipment shall be placed below grade unless not technically feasible; (ii) Ground-mounted equipment shall not disrupt traffic or pedestrian circulation and shall not interfere with vehicle and pedestrian intersection sight lines; (iii) Ground-mounted equipment shall not create a safety hazard; (iv) If placed above grade, ground-mounted equipment shall be separated from the nearest ground-mounted equipment on the same block face by a minimum of 330 feet unless the equipment is placed underground, or unless waived by the Director; (v) If placed above grade and located adjacent to residential uses, ground-mounted equipment shall be limited to three (3) feet in height and twenty-seven (27) cubic feet in cumulative size; and (vi) If placed above grade and located adjacent to non- residential uses, ground-mounted equipment shall be limited to five (5) feet in height above grade and eighty-one (81) cubic feet in cumulative size. 10. Exemptions. No small wireless facility permit is required to conduct the following activities in the right-of-way: (a) routine maintenance of a small wireless facility; (b) replacement of a small wireless facility that is substantially similar or smaller in size, weight, height, and wind or structural loading than the small wireless facility being replaced; or (c) installation, placement, maintenance, operation, or replacement of micro wireless facilities that are suspended on cables strung between existing utility poles in compliance with national safety codes. If any of the above activities will obstruct the right-of-way, the small wireless facility permit holder shall provide notification to the City at least ten(10) days in advance of such activity. 3. Collocation on City-Owned Wireless Support Structure. No person may collocate a small wireless facility on an existing wireless support structure owned or controlled by the City without first entering into a Standard Small Wireless Facility Collocation Agreement with the City. 4. New Structures. The erection in the public right-of-way of a new public utility structure to support wireless facilities other than small wireless facilities is prohibited, except where the Director determines there is a need for additional roadway lighting, emergency warning siren, or other infrastructure that must be supported by a public utility structure. Any new structure erected to support wireless facilities other than small wireless facilities allowed by the City under this paragraph and any associated or attached equipment must comply with the requirements of this Section. 5. Other Wireless Facilities_ A telecommunications right-of-way user who desires to place a new public utility structure or wireless facilities other than small wireless facilities in the right-of-way shall enter into a license agreement with the City for use of space that sets forth such terms and conditions as the City deems appropriate and shall obtain any necessary right-of-way permit. Subd. 10. Compliance with Chapter 11. In addition to the requirements of this Section, persons placing facilities in the public right-of-way shall comply with all applicable permitting and other requirements imposed under Chapter 11 of this Code. Where the provisions of this Section are more restrictive than the provisions of Chapter 11, the provisions of this Section shall apply. Subd. 11. Restoration of Right-of-Way. The right-of-way permit holder shall patch and restore the right-of-way to the satisfaction of the Director. A. Timing. All work to be done under the right-of-way permit and all required patching and restoration of the right-of-way must be completed within the dates specified in the right-of-way permit. B. Duty to correct defects. The right-of-way permit holder shall correct any defects in patching or restoration performed by the right-of-way permit holder or its agents. Upon notification from the Director, the right-of-way permit holder shall correct all such defects as required by the Director. Correction work shall be completed within five (5) calendar days of the receipt of the notice from the Director, not including days during which work cannot be done because of circumstances constituting force majeure. C. Failure to restore. If the right-of-way permit holder fails to restore the right-of- way in the manner and to the condition required by the Director, or fails to satisfactorily and timely complete all restoration required by the Director, the City may complete the restoration. The right-of-way permit holder shall reimburse the City for its reasonable costs incurred in completing the restoration and shall pay any delay penalty and/or degradation fee imposed by the City within thirty (30) days of invoice from the City. If a right-of-way permit holder fails to pay as required, the City may deny future right-of-way permit applications. Subd. 12. Delay Fee. The City may establish and impose a delay fee for unreasonable delays in right-of-way excavation, obstruction, patching, or restoration, or for work not completed prior to right-of-way permit expiration. The delay fee and associated fees shall be established from time to time by City Council resolution. No delay fee shall be imposed if the delay is due to circumstances beyond the control of the permit holder, including without limitation inclement weather, acts of God, or civil strife. Subd. 13. Inspection. A. Notice of Completion. When the work under any right-of-way or small wireless facility permit is completed, the permit holder shall furnish a completion certificate and as-built drawings in accordance with Minnesota Rule 7819.1300 if requested by the Director. B. Site Inspection. The permit holder shall make the work site available for inspection by the Director or other City personnel and to all others authorized by law at all times during the execution of and upon completion of the work. C. Authority of Director. 1. The Director may order the immediate cessation of any work which the Director determines, in the Director's reasonable discretion, poses a serious threat to the life, health, safety, or well-being of the public. 2. The Director may issue an order to the permit holder requiring the correction of any work that does not conform to the terms of the right-of- way permit or small wireless facility permit or other applicable laws, standards, conditions, or codes. The order shall inform the permit holder that failure to correct the violation may result in revocation of the right-of- way permit or small wireless facility permit. If the permit holder does not correct the violation to the satisfaction of the Director within ten (10) days after issuance of the order, the Director may revoke the right-of-way permit or small wireless facility permit. Subd. 14. Work Done Without a Permit. Except as provided in this subdivision 14, any person who obstructs or excavates the public right-of-way without a right-of-way permit issued by the City or collocates a small wireless facility on any wireless support structure shall be guilty of a misdemeanor as provided in Chapter 1 and in Section 6.99 of this Chapter. A. Emergency Situations. A right-of-way user shall immediately notify the City of any event concerning its facilities that it considers to be an emergency and may take any actions reasonable and necessary to respond to the emergency. Within two (2)business days after the occurrence of the emergency, the right-of-way user shall apply to the City for the necessary right-of-way and/or small wireless facility permit(s), pay the fees associated therewith, and fulfill the rest of the requirements necessary to bring itself into compliance with this Chapter for the actions it took in response to the emergency. If the City becomes aware of an emergency concerning facilities in the right-of- way, the City will make reasonable attempts to contact the owner of each facility affected, or potentially affected, by the emergency. In any event, the City may take whatever action it deems necessary to respond to the emergency. If the emergency was caused by a facility or facilities, the owner thereof shall reimburse the City for its costs in responding to the emergency. B. Non-Emergency Situations. Except in an emergency, any person who obstructs or excavates a public right-of-way without first having obtained a right-of-way permit must subsequently obtain a right-of-way permit. The fee for a subsequently issued right-of-way permit shall be established from time to time by City Council resolution. The permit holder shall also pay all the other fees required by the City Code, deposit with the City the fees necessary to correct any damage to the right-of-way, and comply with all other requirements of this Chapter. Subd. 15. Damage to Other Facilities. A. When the City performs work in the right-of-way that requires the alteration or relocation of an existing facility, the Director shall notify the facility owner as soon as is reasonably possible. The facility owner shall reimburse the City for its costs associated with such alteration or relocation within thirty(30) days from the date of billing. B. Each facility owner shall be responsible for the cost of repairing any facilities in the right-of-way which it or its facilities damage. Each facility owner shall be responsible for the cost of repairing any damage to the facilities of another caused during the City's response to an emergency caused by that owner's facilities. Subd. 16. Revocation of Permits. A. Substantial Breach. The City may revoke any right-of-way permit or small wireless facility permit if the permit holder substantially breaches any of the terms and conditions of any applicable statute, ordinance, rule or regulation, or any condition of the right-of-way permit or small wireless facility permit. A substantial breach includes, but is not limited to, the following: 1. The violation of any material provision of the right-of-way permit or small wireless facility permit; 2. The attempt to evade any material provision of the right-of-way permit or small wireless facility permit or the perpetration or attempt to perpetrate any fraud or deceit upon the City or its citizens; 3. Any material misrepresentation of fact in the right-of-way or small wireless facility permit application; 4. The failure to complete the work in a timely manner unless a permit extension has been obtained or unless the failure to complete work is due to reasons beyond the permit holder's control; or 5. The failure to timely correct work that is the subject of an order issued by the Director under subdivision 13.0 of this section. B. Written Notice of Breach. If the Director determines that the permit holder has committed a substantial breach of a term or condition of any statute, ordinance, rule, regulation, or any condition of the right-of-way permit or small wireless facility permit, the Director may notify the permit holder of the breach in writing and demand that the permit holder remedy the violation. The notice and demand shall inform the permit holder that continued violations may result in revocation of the right-of-way permit or small wireless facility permit. In the notice and demand, the Director may also impose additional or revised conditions on the right-of-way permit or small wireless facility permit to mitigate and remedy the breach. C. Response to Notice of Breach. Within two (2) business days of receiving the written notice and demand, the permit holder shall provide the City with its plan to cure the breach. Any failure to respond to the notice, to submit an acceptable plan, or to implement the approved plan shall be grounds for immediate revocation of the right-of-way permit or small wireless facility permit. D. Revocation. The City shall notify the permit holder in writing of revocation of the right-of-way permit or small wireless facility permit within three (3) business days of the decision to revoke the permit. E. Reimbursement of City Costs. Upon revocation of a right-of-way permit or small wireless facility permit, the permit holder shall reimburse the City for its reasonable costs incurred because of the revocation, including but not limited to restoration costs, collection costs, and attorney fees. Subd. 17. Exemptions. The following persons are exempt from the requirements of this Section: A. City employees acting within the course and scope of their employment and contractors acting within the course and scope of a contract with the City; B. Persons who install mailboxes in the public right-of-way in accordance with requirements of the U.S. Postal Service; C. Persons who temporarily place residential household refuse containers in the public right-of-way for the collection of solid waste or recyclables in accordance with the provisions of Sections 5.36 and 9.01 of the City Code. Subd. 18. Right-of-Way Vacation. If the City vacates a public right-of-way that contains facilities, the facility owner's rights in the vacated right-of-way are governed by Minnesota Rule 7819.3200. Subd. 19. Abandoned Facilities. A right-of-way user shall notify the City when facilities are to be abandoned. A right-of-way user who has abandoned facilities in a public right-of-way shall remove them from the right-of-way if required in conjunction with other right-of-way repair, excavation, or construction, unless the Director waives this requirement. Subd. 20. Non-Completion or Abandonment of Work. Work shall progress expeditiously to completion in accordance with any time limitation specified in the right- of-way permit or small wireless facility permit so as to avoid unnecessary inconvenience to the public. In the event that the permit holder fails to timely complete the work in accordance with the terms of the right-of-way permit or small wireless facility permit or ceases or abandons the work without due cause, the City may, after six (6) hours' notice in writing to the permit holder of its intention to do so, correct the work, fill any excavation, and repair the public right-of-way in a manner that it deems necessary to protect the safety and welfare of the public. The City shall make or contract for all temporary and permanent repairs, including but not limited to backfilling, compacting, and resurfacing, and the permit holder shall reimburse the City for all costs incurred for such work. If the permit holder fails to reimburse the City within thirty (30) days of billing, the City may do any or all of the following: (1) reimburse itself from the proceeds from any cash deposit, letter of credit, bond, or other security given by the permit holder; (2) deny the permit holder any future right-of-way permits or small wireless facility permits; and(3) impose a delay penalty. Subd. 21. Right-of-Way Prohibitions. The following actions are prohibited in the public right-of-way: A. Dumping in Streets. It is a misdemeanor for any person to throw or deposit in any public right-of-way any solid, recyclable, or yard waste, including but not limited to nails, dirt, glass, cans, discarded cloth or clothing, construction debris, metal scraps, garbage, leaves, grass or tree limbs, paper or paper products, shreds or rubbish, oil, grease, petroleum products or other automotive fluids or to empty any water containing salt or other injurious chemical thereon. It is a violation of this Section to haul any such material inadequately enclosed or covered thereby permitting the same to fall upon the street. B. Fires. It is a misdemeanor for any person to build or maintain a fire upon a public right-of-way. C. Signs. It is a misdemeanor for any person to place or maintain a sign within any public right-of-way except as otherwise permitted by City Code Section 11.70, subdivision 3.D. D. Placing Snow or Ice in a Public Right-of-Way. It is a misdemeanor for any person not acting under a specific contract with the City or without written permission from the Director to remove snow or ice from private property or a private driveway and cause the same to obstruct, encroach upon, encumber, or interfere wholly or partially with any public right-of-way, including but not limited to a public roadway, street, sidewalk, walkway, bike or trail way, easement, park, or other public property. Where permission is not granted by the Director, the City may remove the snow or ice from the public right-of-way and the person shall be initially responsible for payment of all direct and indirect costs of removing the snow or ice from the street. If not paid within thirty (30) days of invoice, collection shall be by civil action or assessment against the property as any other special assessment. E. Each day that any person continues in violation of this subdivision 21 shall be a separate offense and punishable as such. Subd. 22. Indemnification and Liability. By applying for and accepting a right-of-way permit or small wireless facility permit under this section, a permit holder agrees to defend and indemnify the City in accordance with the provisions of Minnesota Rule 7819.1250. Subd. 23.Appeal. A. A right-of-way user or potential right-of-way user that has been denied a right-of- way permit, has had a right-of-way permit revoked, or believes that the fees imposed by the City in connection with the right-of-way permit do not comply with the requirements of Minnesota Statutes § 237.163, subd. 6, may have the denial, revocation, or fee imposition reviewed, upon written request, by the City Council. The City Council shall act on a timely written request at its next regularly scheduled meeting. A decision by the City Council affirming the denial, revocation, or fee imposition shall be in writing and supported by written findings establishing the reasonableness of the decision. B. A telecommunications right-of-way user that has been denied a small wireless facility permit, has had a small wireless facility permit revoked, or believes that the fees imposed by the City in connection with the small wireless facility permit do not comply with the requirements of Minnesota Statutes § 237.163, subd. 6, may appeal the denial, revocation, or fee imposition to the City Manager. Such appeal shall be taken by filing with the City Clerk within ten (10) days after the denial, revocation, or fee imposition, a written statement requesting a hearing before the City Manager and setting forth fully the grounds for the appeal. A hearing shall be held within fifteen (15) days of receipt of the request. Notice of the hearing shall be given by the City Clerk in writing, setting forth the time and place of hearing. Such notice shall be mailed, postage prepaid, to the applicant or permit holder at his/her/its last known address at least five (5) days prior to the date set for hearing. Subd. 24. Right-of-Way Management Costs. In addition to the permit fees outlined in this Chapter, the City reserves the right to charge right-of-way users for its right-of-way management costs to the extent that such charges are allowed under state law. Telecommunications right-of-way users shall be responsible for payment of real or property taxes attributable to their equipment in the public right-of-way. Subd. 25. Reservation of Regulatory and Police Powers. A permit holder's rights are subject to the regulatory and police powers of the City to adopt and enforce general ordinances necessary to protect the health, safety and welfare of the public. Section 3. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 6.99 entitled "Violation a Misdemeanor or Petty 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 for the City of Eden Prairie on the day of , 2017, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of , 2017. Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on the_ day of , 2017. CITY COUNCIL AGENDA DATE: SECTION: Appointments August 8, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Rick Getschow Students on Commissions Appointment for 2017- XIII.A. City Manager 2018 to Flying Cloud Airport Advisory Commission Requested Action Move to: Appoint Nathan Bellefeuille to the Flying Cloud Airport Advisory Commission. Synopsis This appointment is in addition to the appointments made to the Conservation, Heritage Preservation, Human Rights and Diversity, and Parks, Recreation, and Natural Resources Commissions at the July 7, 2017 Council meeting.