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City Council - 09/05/2017
AGENDA CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY, SEPTEMBER 5, 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 H(5:30) I. EDEN PRAIRIE HISTORICAL SOCIETY II. EDEN PRAIRIE ROAD CONSTRUCTION PROJECT Open Podium - Council Chamber (6:30) III. OPEN PODIUM IV. ADJOURNMENT City Council Workshop September 5, 2017 Eden Prairie Road Slope Grading & Retaining Walls s__ EDEN PRAIRIE Alternatives Analysis , _,._ . . .._ ..._ .. , .., _ . . , ; . . , , , . . ,. , . , Ia I \ tl \ , \ . .. , . \i\t,rn.', „....---\ .... f, i _ _I—____ - 4- •T .. _-- _. • • -. I • \ )\ •, ...4. . I; . J. I ji\ .,,.. . , , jr_.%KIF.:.... 4„r, . _ e / 1/ ._../. „it ..... \ t , ..4.. it: _:_..0.,.... ,,ir?,....!: .__.- • .-:.. ._ !i. ._ ..------' ,,•. / 1., ---______ I ) *, are � � ,. ...1 = Spy `,,,.-- r5 J --- f , '�` - 's Zr„ . . .-'. ' ,• . y-----:::,....N:::::.::'... - - * (I/ i,,:ili•:'III�rr�l':.6IIII III LOP 0 100 ' � 1 : IIII .� II:, '','��r"�� ','il�.. / SCALE - FEET i ._— - �, Alternative 1 - Fully G r ____ , i i r - --- • 4 j �i; . il , u, 1,ii,, • I I 1l _ _.__L. 1 .___ I i rib- r'''' \ .. . . 8 'LTE*f.'.TIV E LIMIT! • C 1 \ 1 \ If 1 / / ,, •.......,... Ni, ....4' 6-,,.,,-4.. '' wilt — _ — _ .'.) — _ )• ,_,,._ • it mi: � f Via, .:` i • 1 !'.:.lib ''Ctir :•a. -�-• 1 ,�. lili�l' •1I III• I.�� a..ir. 1.1111" . c J .---",--,_:...'•"5, l y IyIyII¶QIIII�II p,I{1fI�.fL1I' 1 l00 _7 �.^ •� . j4;IIl l�l'!III"lll��'{11 i11 I - •p ' A.'," ffIP'' :LE FEET f $� •'� - I i6uE - �;INDICATES].2 fYAK.1 GRADED SLUFF "I - " ti --_.____ i raj INDICATES 1!3 fMRY%J GRADED SLOPE _____ '3 _ _ _______ �V V �PICATES ALT.14pAPIt'!G LII�UTS IMP Milt 1 '� —_ --_ - _ — �i v V -__ t4' ,. )2 l'� =tiJ!III III (° PECIP11nL•5 THEE GYM 17" PIA. ���� _,., �E_ F ,III - CONIFEHCJL TREE OVER 1O" PIA. IirJ "wiz = Alternative 1 - Fully G Q EDEN PRAIRIE ROAD 169't 25'-6" 4. _I I EXISTING 7GROUND I I+2 SC ppe r I 44 U b¢ I 1- EDEN PRAIRIE ROAD 80't 25'-6" .J 1=0 SECTION B-B all' 1 APPR07(.$TA.105tSO C4pE. ,. H U L "'d EDEN PRAIRIE ROAD w r 130'f + 25'-6" 'j o 5 p EXISTING I GROUND SECTION C-C r.2 SCafE 44 i..1 APPROX.STA.106150 .rpd P r O r SLOPE VARIES SECTION A-A APPROX.STA.I034S0 Alternative 2 — Full Length Wall ......_. , • ti i 44 • I- 1 N. / 0� � I ' I -- j I� .. rf E F �f 41 ` f _.._� -__ ____ . r r rT s } ' ya �,�'y h A)- h T ) / �1 yAh ^)ynA iy,) 111 ALREUY ATIVE 1 (`{ 1 } },,(yy .j: / C 4 rl i,) ) w ti x ") 1 'ffffJJJJI L▪IMITS ^ J /� .Y,,:v.AAA 1. �-A,„.. Y ,`(()y^R{yYy^. j^'`� 0 I .i x x r n \ Cr *7jyy / f L• e CR�AA.w • 0 .L icv(< "h7. Y<< `' QV _ ___ - .� P -�^ v.. .c.�n • i tea_`•__JF --� - — — � �. —J Rw • A/:1_1,1.7..,11'.1.• ti ti2Sx y4▪))y .. — r. Z ▪ :k,4.. ✓ - __ , �—� _ sIII 1II f(y •Cchylyi s _ Jl .'5 L Y�v v • r Y Y �� '`lames' �x"� q n}A,▪ 7 v /: X l� �� LIMITS •? .'`vv A) / . S -+ - hj� �' ?r• A • I 'ill "ll - .x kxY?}x '�l : /fJf�/ iII .III'I p•'. id. 1`,� .! ,,,,,,,,..i. . IDD 0 .' we Ctl xyv}�' J 1/� I'I�''•n���lll Ilpll Iy yl ii 1.1 '` , 4. A ,,s r l •:I „ ,III I. II I L�R''r y + RETnIr.I vl 4III' ullgl1 { SCALE FEET ry hr,(�y y ��I'�1�WA+L I• I'•I'IIIliiiI III'li,ilii III III�I'li Dti�y xT>T ,r'r'� �I,1[,llll.,II„I II ——_ ��"4 V�)!�^ Y ± y= -- _ _ - 1 ±�=♦-:::::::: lr2 fIW](.i GRADED SL�'E ti vx" :,i„ l - _--- - L3 G D 6 5-Y ' = _ _ OAAM.i RA E LDPE ow I _ - _ - _ yv 1HpICATE5 ALT.I GRAUIMG LIA¢T$ ___ ,._- --_` ire 1 - l�', _y1'Illl, II!• --}f�{ } pECIDUOUS TreEE DYER 17" pI0. jtr_ 1��(Vs.,—_,y— E- --- -..- F IIIII * ECNIFER0u5 TREE OVER 1.0" DIA. _ ,{ Q Alternative 2 - Full Length Wall Q EDEN PRAIRIE ROAD 60'± 25'-6" • 10'-0" - - EX ISO TING 1� _ 7GRUND - LI li o LI o 1 EDEN PRAIRIE ROAD y 20'± . , 25'-6" .J 355 1:3 51-��N \ I EXISTING /GROUND 10'-0" I SECTION B-B I APPROX.STA.105150AA 1 1 EDEN PRAIRIE ROAD M w F ' 30 t 25'_6" ,j !.J flP 10' 0" ,_ I r EXISTING ' �__-- _ / GROUND --F ,.../j I C I SECTION C-C 0 J APPROX.STA.106-F50 J N-, .i C 0 n ~ w I _IQ, I _ SLOPE vARirs SECTION A-A APPROX.STA.103450 Alternative 3 -- Half Length Wall ( North) % . \J f 1 ,_ �. --. _ �c . 1 i )i-::-- .:7 c. 1 / - �. _ i. + ___� __ \- • • R^mod~}Y- B ,'k L-JL 11q4,. IIa - _.. _ :1k.;. - , . . . (.L S t:;y <r< i, C fi • - ALTERNATIVE 1 IJyV.I ti.vy!f.�'(n \ . ) •'Y o sic T a 1 A ". v y Cr - j / • ^ r F \ y j x-y CI nLK��A �� ,T YyY..^ '- III • (21' * •4. • . i '4 /.......,. .•' \ . ..'/ N.\:,.._2/. .. '\ .. .,..,' ,.. 00 • •-•r:_yeAllio, �) «YY--nn • ;,�c f ll L .ALL 1. B � tC =:- 1. III II':_ = i L?AfINf rrII ++((fff''�� yl GALE FEET LIMITS - 11! III i' _ 'tIIII.II L.•I I;,III1 lid-.`'' _=tp _ pIIf IIli"II .'.�i -_ _ - _ _ _ _ - INDICATES 112 fMA%.1 GRADED SLOPE �#� N'„II";,IIIII:'"��. : - _ _ - .__ INDICATES 1:3 f1E4R}GRADED SLDPE IIIII,I' I I'liiii. -— —_ r,- _ _ _ [•l�y RIDICATES ALT.1 GRADING LIMITS ,I II III JIIj11 � -- -- - _,-_-___ :. _='==:.::::.. _ — — IIIlir _5oiIIIII FI _'=- _ _ - Q DECIDUOUS TREE OVER Ir DIA, it tL°r_— ,— E_=__••• F ,I', CONIFEROUS TREE OVER 10" DIA. -------- - . Alternative 3 -- Half Length Wall ( North , EDEN PRAIRIE ROAD 60'f 25'-6" . l I I EXISTING GROUND O J N a a o „"� EDEN PRAIRIE ROAD ~ w . 20'± , 25'-6" •I cc I 1 I Ira I Sk- EXISTING i i GRODND y 10'-0" I SECTION B-B - APPROX.STA.105+50 J N r q_ EDEN PRAIRIE ROAD ct 130'f ' 25'-6" 'j I:J A 6.11 _ 10' 0" EXISTING ?i`'T"� GROUND II ii jj n�.n.� Irk - i ------ ---- 1i m. n`'It, .c IN—REF. . r SECTION C C I i' `� (BEYOND) + o APPROX.STA.106+50 II ii i� R'-.. +I a II id I 1- II R``IIII ii it ?1�Ir' r r I II II li `IT _ SLOPE VARIES II II I I SECTION A-A APPROX.STA.I03+50 Alternative — Qua rter Length WaI4 1 , .. , , j .. .. --�- ... - :..,,,,,, - , . \ \ f /1+1J /\i, ___:_____ .. .) -4- .�' r .1 ... .,.. ,il . ` N .., 1 1 _. .....„------- ..____., is \i — i �E F f •li 1 I r+r '��----s` •'ALT NATIVE . 9 GRADING l RL.LDAIis ' xeril. \ .; ,4. • /' . A W114,9N.. / . ''P x...,!--1-, v 10 , ; --.7 AIL. • / I ? - - ` n • s•- 105 ' - , - _ -- �'-110 r — .{• 4. ._. , ,,,. sw,...4,.. .._, ...,. GIs ��Fy ' ,.. ______,,, ------____-„_____ ___ •._ - LII.FITS ,�tr _:.___,__•.._ _,, , .......„ ____ , 0-, „.., G 0 40. *a 4.- '. '/ 1 I•: :. - l���i '1','! _ _ —1 �,DIOICATEE l�2 MAXf .I GRAOEO SLQYE lip r ...I"i ICI`:' - _ _ _ - - -- 1 ... ,J` __ .�. �I ' '•::_=--_--_ --_-+_ /''t'IND$RTES 1:3 INRAJ GRADED SLpY'E. __.-----.-'-- 1... i. .1lll i'II lillil''I::,-'.'_>_ _-- —__ _______________ — ,.> pIDICATEi ALT-I GRADING LIMITS Or III1 ],IIII��I -. I( III` L��/)/ :::m .F ��� 1�_'' DECIDUOUS TREE EWER 12" DI0. r ! i' • ,.,. E_ F, ,II CONIFEROUS TREE OVER 10" OIA. .i -. ___Imi _ _ .— _ r Alternative — Quarter Length WaI4 l y 170't 25'_6" j EDEN PRAIRIE ROAD - •I II 11 11:- 1 �11 , 10'-0" ` 1 II II li II I II II ji R.-,T. - _ j rEXISTING II II II `n,' 1 �GROIJND II II ji 11 1T i - II II Ii II -I IS I I II 1r. I I II I IN, RET.WALL - 1 ' -Fr"' F (BEYOND) n a I Ii ii r fir. .n 1 ! EDEN PRAIRIE ROAD ii II II . . 20't 25' 6" �J q II II �N, I S Ii ij ii ll+, i 10 I II II II ?r _1_ \- EXISTING II Ii — -- - - �cRDUND 10'-0" II I I SECTION ----- APPROX.STA.105+50 J 44 q_ EDEN PRAIRIE ROAD w 130't 25'_E." .1 7:3 6 j — — P j EXISTING /GROUND SECTION C-C P=e = I APPROX.STA./05+50 S(0ft * e5 4 ¢ r 0 r SLOPE VARIES SECTION A-A APPROX.STA-103+50 Alternative 5 -- Half Length Wall (South) 1 , .1 ;% \ _______\____ :s,.. % _ ___\____ .. , ,_. • I 1\ \ r r I - r. . i / 1 ....\ - --- -. N. ' ......'-' \II j 4 3 �e:R kfI`I'. • '4 IVC Y. t rlik \ i f \ „,.. -7' ,• ' ,' v tCD 4 ', a • , / I ,.',i(, 0 ,,,, -,, *)(__ -y s _ � v x�>n))�n` i _ lUE. - ❑ _ .i__ _ __ - 110 1: _ 'yv Y y.�,, A 1 _ - � Y'- r(1'� ? 1 YVYv III -__ R^ni,TTyYY 4 � f ,r --ALTERNATIVE 1 ti)" } :' I:; ��_ - GRADING n n 1,1 ,S I III. P Art} R LIYQTS 2e. YY� 5� ,+'S } yv.�h y • �. • 'n III'+' 1J '• y v)>v} •Yp' ff/�•.-,ii i,I�ll'�i'.III I'�I ��I I I� 3 + - LOD _ _4 I[". kK)) N.Y)vV 6� ,!/'ili'' iil•lllll ' piipofr _= � • ; } rl':r:�' E :'''.� ''•" r it SCALE FEET T'Y4^ .[ '�ir;•••''1 'IIi II'I'III III IIlillllll'l''',,:;'i_:_- Wi .. �, .({ .. Iw' �__---_- -- - LYCILATE5 112 fl.[4A.I GRADED SLCI'E KK>< - -- _ � i� ! �'Sy._ __ ________ ��I4DI{ATES lea f11AAJ GRADED SLCI'E II V, J I ______ _ ___ /+�,ItlpI[ATES ALT.I GRADING LIMIT Ali I II lifi �....vvV ��yJ 1�+( } [ICJ' TREE PER 1W" 014. ,I�1 JJ�It —rlr E_-- FQ _�il�I" 411111 CONIFEROUS.TREE OVER 10" pIA. -- Alternative -- Half Length Wall (South)5 c_ EDEN PRAIRIE ROAD 169't 25'-6" r- - - 1 _ EXISTING GROUND Id2 _ QpE r � I �v o a • t r EXISTING ,E EDEN PRAIRIE ROAD ga'f , 25'-6" n1 I S� I ‘Ij i GROUND SECTION B B I APPROX.STA.145+SO SCOPE, „C j Q EDEN PRAIRIE ROAD u'a N r WI 25'-6" 'j a 5�6P r 10'-0" w j EXISTING ' j GROUND SECTION C-C IIAPPROX.STA.106-50 J N 4 i1 C o n 1— w cc 5 OPE VARIES SECTION A—A APPROX.STA.I03'S0 ■Perspective - section D t EDEN PRAIRIE RDAD -_-. ____-_---- EppSTING ___C �__ g CSAH a• LIRE OF SIGHI FRGY CSAH 61 • g2� I PROPOSER • I FINISHED • GRIMM SECTION D-D ALTERNATIVES I A 2 t EDEN PRAIRIE ROAD DIESIIRR • __ _ _ ___�,____ {CSAH it /GROOM LINE OF SIGFR I . �RETAIIQRG _ FROM CSAH 61 I • FALL PROPOSED FINISHED I 6 �1 SECTION D-D ALTERNATIVES 7,4,A 5 ■Perspective _ section E „,_ • . • EDEN PRAIRIE ROAD • --_ _ EXISTING GROUND _ CSFH E4 •. - �[ PROPOSED I pRESHEp LINE OF GICHT- . .1• - GROUND FROM GSM 61 . I 1 u1 SECTION E-E - • . . • - ALTERNATIVES L 4./5 ry • t EVEN PRAIRIE ROAD . • - I y- EXISTIRD . y __ GRGUNG g MAN 6l ♦ - - �RETFINIHG PROPOSED WALL FIP ISHED CROHNR LINE OF SIGHT FROM CSAH 6I --''.111111111111141. ti'• SECTION E-E . ALTERNATIVES 2 a 3 . . ■P rs ectiv -- Section F [EDEN PRAIRIE ROAD E%ISTING CSAR GROUND PROPOSED FINISHED LINVEI DF SIGH - - 6ROUHD FRI CSAH 61T SECTION F-F ALTERNATIVES I A a t EVEN PRAIRIE ROAD E%ISTING PROPOSED • .+RETAINING — WILL — FINISHED LINE OF SIGHT ri CSAN Sl ' - GROUND FROM CSAH El SECTION F-F ALTERNATIVES 2.3.It I Alternative Summary Natural Area Deciduous Coniferous tion Disturbed Trees > 12" Trees >io" Construction Alt. Description Cost (Sq. Ft.) Removed Removed 1 Fully Graded 85,200 20 8 $653,ioo 2 Full Length Wall 29,ioo 8 4 $4,183,250 Half Length Wall 3 (North) 53,30o 8 4 $3,218,240 Quarter Length 4 Wall 74,800 8 6 $2,016,290 Half Length Wall 5 55,700 i8 6 $2,710,440 (South) AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, SEPTEMBER 5, 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 V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY,AUGUST 8, 2017 B. CITY COUNCIL MEETING HELD TUESDAY,AUGUST 8, 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 6, RELATING TO SMALL WIRELESS FACILITY PERMITS AND ADOPT RESOLUTION APPROVING SUMMARY ORDINANCE FOR PUBLICATION C. APPROVE SECOND READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 9, RELATING TO SHADE TREE PEST CONTROL AND ADOPT RESOLUTION APPROVING SUMMARY ORDINANCE FOR PUBLICATION D. ADOPT RESOLUTION REQUESTING A VARIANCE FROM STATE AID STANDARDS TO ALLOW FOR 10% TRAIL GRADES ON EDEN PRAIRIE RD BETWEEN CSAH 61 AND FREDERICK PLACE CITY COUNCIL AGENDA September 5, 2017 Page 2 E. ADOPT RESOLUTION SUPPORTING GRANT APPLICATION TO HENNEPIN COUNTY TRANSIT ORIENTED DEVELOPMENT PROGRAM F. APPROVE REHABILITATION DEFERRED GRANT PROGRAM AGREEMENTS FOR PROP, THE PROP SHOP, EDENDALE, AND IMMANUEL LUTHERAN G. APPROVE JOINT POWERS AGREEMENT WITH THE CITY OF MINNEAPOLIS ALLOWING EDEN PRAIRIE POLICE DEPARTMENT TO ASSIST MPD WITH RESPONSE TO SUPER BOWL 52 H. APPROVE AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH WSB FOR DESIGN PHASE SERVICES FOR RILEY LAKE PARK RENOVATION I. AWARD CONTRACT FOR REHABILITATION OF THE PARKING LOT AND TRAILS AT RICE MARSH LAKE PARK TO BITUMINOUS ROADWAYS,INC. IX. PUBLIC HEARINGS/MEETINGS A. VACATION OF DRAINAGE, UTILITY,AND ROADWAY EASEMENTS LYING OVER OUTLOT B, PRAIRIE BLUFF AND DRAINAGE AND UTILITY EASEMENTS LYING EASTERLY OF HENNEPIN TOWN ROAD AND SOUTHERLY OF PIONEER TRAIL B. EDEN PRAIRIE ASSEMBLY OF GOD by Station 19 Architects. First reading of an Ordinance for PUD District Review on 10.06 Acres (Ordinance) C. CODE AMENDMENT RELATED TO PARKS AND OPEN SPACE ZONING DISTRICT by City of Eden Prairie. First Reading of an Ordinance Amending City Code Chapter 11, Relating to Parks and Open Space Zoning District (Ordinance) X. PAYMENT OF CLAIMS XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS,AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS CITY COUNCIL AGENDA September 5, 2017 Page 3 B. REPORT OF CITY MANAGER 1. Adopt Resolution Certifying the Proposed 2018 Property Tax Levy, Accepting the Proposed 2018 Budget, Setting the Date for Public Hearing, and Consenting and Approving the HRA Tax Levy 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: September 1, 2017 TO: Mayor and City Council FROM: Rick Getschow, City Manager RE: City Council Meeting for Tuesday, September 5, 2017 TUESDAY, SEPTEMBER 5, 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. HRA MEETING HRA I. ROLL CALL/CALL THE HRA MEETING TO ORDER HRA II. APPROVE MINUTES OF HRA MEETING HELD ON FEBRUARY 14, 2017 MOTION: Move to approve the HRA minutes from February 14, 2017. HRA III. ADOPT RESOLUTION TO APPROVE THE PROPOSED 2018 HRA PROPERTY TAX LEVY TO BE $200,000 AND ACCEPT THE PROPOSED 2018 HRA BUDGET OF $200,000 Synopsis: Minnesota Law authorizes the HRA to levy a tax with the consent of the City Council. The HRA must adopt a proposed net property tax levy by September 30 and certify it to the county auditor. Per Minnesota Statute, Housing and Redevelopment Authorities can levy a tax of up to .0185 percent of taxable market value. The proceeds may be spent on planning and implementation of redevelopment and/or low-rent housing assistance programs with the City. The limit for the City of Eden Prairie is approximately $1.8 million. MOTION: Move to adopt the resolution to approve the proposed 2018 HRA property tax levy to be $200,000 and accept the proposed CITY COUNCIL AGENDA September 5, 2017 Page 2 2017 HRA budget of$200,000. HRA IV. ADJOURNMENT MOTION: Move to adjourn the HRA meeting. COUNCIL MEETING IV. PROCLAMATIONS/PRESENTATIONS V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Move to approve the agenda. VI. MINUTES MOTION: Move to approve the following City Council minutes: A. COUNCIL WORKSHOP HELD TUESDAY, AUGUST 8, 2017 B. CITY COUNCIL MEETING HELD TUESDAY, AUGUST 8, 2017 VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR MOTION: Move approval of items A-I on the Consent Calendar. A. CLERK'S LICENSE LIST B. APPROVE SECOND READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 6, RELATING TO SMALL WIRELESS FACILITY PERMITS AND ADOPT RESOLUTION APPROVING SUMMARY ORDINANCE FOR PUBLICATION C. APPROVE SECOND READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 9, RELATING TO SHADE TREE PEST CONTROL AND ADOPT RESOLUTION APPROVING SUMMARY ORDINANCE FOR PUBLICATION D. ADOPT RESOLUTION REQUESTING A VARIANCE FROM STATE AID STANDARDS TO ALLOW FOR 10% TRAIL GRADES ON EDEN PRAIRIE RD BETWEEN CSAH 61 AND FREDERICK PLACE E. ADOPT RESOLUTION SUPPORTING GRANT APPLICATION TO HENNEPIN COUNTY TRANSIT ORIENTED DEVELOPMENT PROGRAM CITY COUNCIL AGENDA September 5, 2017 Page 3 F. APPROVE REHABILITATION DEFERRED GRANT PROGRAM AGREEMENTS FOR PROP, THE PROP SHOP, EDENDALE,AND IMMANUEL LUTHERAN G. APPROVE JOINT POWERS AGREEMENT WITH THE CITY OF MINNEAPOLIS ALLOWING EDEN PRAIRIE POLICE DEPARTMENT TO ASSIST MPD WITH RESPONSE TO SUPER BOWL 52 H. APPROVE AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH WSB FOR DESIGN PHASE SERVICES FOR RILEY LAKE PARK RENOVATION I. AWARD CONTRACT FOR REHABILITATION OF THE PARKING LOT AND TRAILS AT RICE MARSH LAKE PARK TO BITUMINOUS ROADWAYS,INC. IX. PUBLIC HEARINGS/MEETINGS A. VACATION OF DRAINAGE, UTILITY,AND ROADWAY EASEMENTS LYING OVER OUTLOT B, PRAIRIE BLUFF AND DRAINAGE AND UTILITY EASEMENTS LYING EASTERLY OF HENNEPIN TOWN ROAD AND SOUTHERLY OF PIONEER TRAIL Official notice of this public hearing was published in the August 17, 2017 Eden Prairie News. Synopsis: The Property Owner of the Prairie Bluffs Senior Living development has requested the vacation of a number of easements to facilitate the plat of Prairie Bluffs Senior Living for new building construction. One of the easements to be vacated was originally dedicated with the plat of Prairie Bluffs. The other two easements were granted to the City of Eden Prairie by document. In order to accommodate a new building on the lots, the property owners would like these underlying easements vacated and will dedicate all new drainage and utility easements with the plat of Prairie Bluffs Senior Living. The release of the resolution vacating the easements shall be conditioned on the recording new dedicated easements on the plat of Prairie Bluffs Senior Living. MOTION: Move to close the public hearing. B. EDEN PRAIRIE ASSEMBLY OF GOD by Station 19 Architects. First reading of an Ordinance for PUD District Review on 10.06 Acres (Ordinance) Official notice of this public hearing was published in the August 24, 2017 Eden Prairie News and sent to 99 property owners. Synopsis: The property is located at 16591 Duck Lake Trail, on the northeast side CITY COUNCIL AGENDA September 5, 2017 Page 4 of Duck Lake and west of Eden Prairie Road. The property 10.06 acres in size. The existing church building and site conditions were approved in 1979 through a Site Plan, a PUD and a variance that allowed the existing site and building design including the use of wood and stucco exterior building materials. MOTION: Move to: • Close the Public Hearing; and • Approve First Reading of an Ordinance for PUD District Review on 10.06 Acres; and • Direct Staff to Prepare a Development Agreement Incorporating Staff and Commission Recommendations and Council Conditions. C. CODE AMENDMENT RELATED TO PARKS AND OPEN SPACE ZONING DISTRICT by City of Eden Prairie. First Reading of an Ordinance Amending City Code Chapter 11, Relating to Parks and Open Space Zoning District(Ordinance) Official notice of this public hearing was published in the August 24, 2017 Eden Prairie News. Synopsis: The Comprehensive Guide Plan adopted in 2009 includes a land use category for Parks/Open Space. There are a number of properties that are designated as Park/Open Space in the 2009 Comprehensive Plan and they are zoned a variety of different zoning districts including Rural, Public, R1-13.5, RI- 9.5, RM-6.5, RM-2.5, I-Gen, Office, and Commercial. For the past several months, staff has been preparing draft language to create a new Park and Open Space Zoning District and associated regulations. The intent of the Park and Open Space Zoning District is to ultimately apply these draft zoning regulations to publicly-owned parks and open space in order to bring the Comprehensive Plan and Zoning for these sites into compliance. MOTION: Move to: • Close the Public Hearing; and • Approve First Reading of an Ordinance Amending City Code Chapter 11, Relating to adding the Park and Open Space Zoning District and associated amendments of other sections of Chapter 11 related to the Park and Open Space Zoning District. X. PAYMENT OF CLAIMS MOTION: Move approval of Payment of Claims as submitted (Roll Call Vote). XI. ORDINANCES AND RESOLUTIONS CITY COUNCIL AGENDA September 5, 2017 Page 5 XII. PETITIONS, REQUESTS,AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER 1. Adopt Resolution Certifying the Proposed 2018 Property Tax Levy, Accepting the Proposed 2018 Budget, Setting the Date for Public Hearing, and Consenting and Approving the HRA Tax Levy Synopsis: Minnesota Law and administration rules prescribe a detailed process for public notification and participation in setting taxes and budgets of local governments. Cities must adopt a proposed net property tax levy by September 29 and certify it to the county auditor. In addition, the City Council must accept a proposed budget for the coming year. The City must announce at this Council meeting the future time and date of the regularly scheduled meetings at which the budget and levy will be discussed and public testimony taken. The Council must adopt a final tax levy and budget by December 28. Minnesota Law authorizes the HRA to levy a tax with the consent of the City Council. This resolution gives the consent needed for the HRA. MOTION: Move to adopt the resolution that: • Certifies the proposed 2018 property tax levy to be $37,149,820; and • Sets December 12, 2017 as the meeting which will include discussion of the budget and provide for public comment; and • Accepts the proposed 2018 budget of$48,767,526; and • Consents and approves the HRA tax levy of$200,000. 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 CITY COUNCIL AGENDA September 5, 2017 Page 6 H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Move to adjourn the City Council meeting. AGENDA CITY OF EDEN PRAIRIE HOUSING AND REDEVELOPMENT AUTHORITY TUESDAY, SEPTEMBER 5, 2017 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road HOUSING AND REDEVELOPMENT AUTHORITY MEMBERS: Chair Nancy Tyra- Lukens, Council Members Brad Aho, Ron Case, Sherry Butcher Wickstrom, and Kathy Nelson CITY STAFF: City Manager Rick Getschow, Public Works Director Robert Ellis, City Planner Julie Klima, Community Development Director Janet Jeremiah, City Attorney Ric Rosow, Finance Director Sue Kotchevar, and Recorder Jan Curielli I. ROLL CALL /CALL THE HRA MEETING TO ORDER II. APPROVE MINUTES OF HRA MEETING HELD ON FEBRUARY 14, 2017 III. ADOPT RESOLUTION TO APPROVE THE PROPOSED 2018 HRA PROPERTY TAX LEVY TO BE $200,000 AND ACCEPT THE PROPOSED 2018 HRA BUDGET OF $200,000 IV. ADJOURNMENT UNAPPROVED MINUTES HOUSING AND REDEVELOPMENT AUTHORITY TUESDAY, FEBRUARY 14, 2017 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road HOUSING AND REDEVELOPMENT AUTHORITY MEMBERS: Chair Nancy Tyra- Lukens, Council Members Brad Aho, Sherry Butcher Wickstrom, Ron Case, and Kathy Nelson CITY STAFF: City Manager Rick Getschow, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, City Attorney Ric Rosow and Council Recorder Jan Curielli I. ROLL CALL/CALL THE HRA MEETING TO ORDER Chair Tyra-Lukens called the meeting to order at 7:02 PM. All HRA Members were present. II. APPROVE MINUTES OF HRA MEETING HELD ON JANUARY 17, 2017 MOTION: Butcher Wickstrom moved, seconded by Aho, to approve the minutes of the HRA meeting held January 17, 2017. Motion carried 5-0. III. ADOPT RESOLUTION HRA NO. 2017-01APPROVING REDEMPTION OF PUBLIC FACLITY LEASE REVENUE BONDS, SERIES 2007A Getschow said this is an opportunity to redeem bonds issued in 2007. By doing this we can save over$300,000 in interest and almost $24,000 in paying agent fees. MOTION: Butcher Wickstrom moved, seconded by Nelson, to adopt Resolution 2017-01 approving the redemption of Public Facility Lease Revenue Bonds, Series 2007A. Motion carried 5-0. IV. ADJOURNMENT MOTION: Nelson moved, seconded by Case, to adjourn the HRA meeting. Motion carried 5-0. Chair Tyra-Lukens adjourned the HRA meeting at 7:04 PM. HOUSING AND REDEVELOPMENT AUTHORITY DATE: AGENDA September 5, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: HRA ITEM NO.: Office of the City Manager/ Resolution approving the proposed 2018 III. Finance, Sue Kotchevar HRA property tax levy and accepting the proposed 2018 budget Requested Action Move to: Adopt the resolution to approve the proposed 2018 property tax levy to be $200,000 and accept the proposed 2018 budget of$200,000. Synopsis Minnesota Law authorizes the HRA to levy a tax with the consent of the City Council. The HRA must adopt a proposed net property tax levy by September 29 and certify it to the county auditor. Per Minnesota Statute, Housing and Redevelopment Authorities can levy a tax of up to .0185 percent of taxable market value. The proceeds may be spent on planning and implementation of redevelopment and/or low-rent housing assistance programs with the City. The limit for the City of Eden Prairie is approximately$1.8 million. Attachment Resolution HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA H.R.A. RESOLUTION NO. 2017- A RESOLUTION APPROVING THE HRA PROPOSED 2018 PROPERTY TAX LEVY AND ACCEPTING A PROPOSED BUDGET FOR GENERAL OPERATIONS WHEREAS,the Housing and Redevelopment Authority of the City of Eden Prairie has reviewed the proposed 2018 budget and tax levy; and WHEREAS,the Housing and Redevelopment Authority has decided to accept these recommendations. NOW, THEREFORE,BE IT RESOLVED that the Housing and Redevelopment Authority: 1. Approves the following proposed taxes on real and personal property within the City of Eden Prairie for the 2018 budget contingent upon City Council approval. Levy on Tax Capacity $200,000 2. Approves the 2018 proposed budget totaling $200,000 at this time. ADOPTED by the Housing and Redevelopment Authority on September 5, 2017. Nancy Tyra-Lukens, Chairperson SEAL ATTEST: Rick Getschow, Executive Director ITEM NO. VI. A. UNAPPROVED MINUTES 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, 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, Environmental Coordinator Leslie Stovring, City Attorney Ric Rosow, and Recorder Jan Curielli GUESTS: Dan Krivit, Foth Infrastructure & Environment, LLC, and members of the Conservation Commission Workshop-Heritage Room II I. SOLID WASTE MANAGEMENT PLAN Ellis introduced Leslie Stovring, Environmental Coordinator and manager of Eden Prairie's solid waste master plan, and Dan Foth, Senior Project Manager at Foth Infrastructure & Environment, a consultant for the plan. Ellis gave a PowerPoint presentation describing the components of Eden Prairie's solid waste master plan. Nelson asked if staff is talking with our waste haulers about all of them accepting the same items for recycling because it is confusing for people when there are differences in what the haulers will accept. Ellis replied the differences between haulers has to do with where the materials are going to be sorted and the hauler's technology. Stovring noted the haulers must accept certain base items, but may have variations above that base. Ellis said solid waste management is one of the four pillars of the Sustainable Eden Prairie program. There are two goals for solid waste management: to increase reuse and recycling of materials, and to engage and educate the community about the importance of reducing, reusing and recycling solid waste. The Minnesota Pollution Control Agency(MPCA)has set a goal of 75%recycling for the Twin Cities area. MPCA and Hennepin County have provided strategies to attain the goal, but individual communities can decide how they will reach the goal. He reviewed the four options for recycled items: landfill, waste-to-energy, recycling and organics. He gave some statistics showing progress made from 2010 to 2016 in reducing the use of landfill and increasing the use of waste-to-energy, recycling and organics. He noted the goals for 2030 are to have only 1% solid waste going to landfills, a 19% increase in waste burned to produce energy, an increase of 60% recycling, and a 15% increase in organics collection. Ellis said the 2016 waste sort study completed by Hennepin County showed management of organics waste affords the best opportunity to improve. We have had made limited progress on organics collection since 2010, and organics account for about 25% of our trash. Residents are City Council Workshop Minutes August 8, 2017 Page 2 doing a good job of recycling paper and cardboard,but there are also opportunities to improve in that area. We can also improve our drop-off options to provide opportunities to recycle materials that are not accepted in curbside recycling programs. Ellis said organics in landfills cause the problem of greenhouse gas. Improving the collection of organics could save capacity at the Hennepin Energy Recovery Center(HERC) for materials that produce more energy. Efficiencies could be made through better and higher use of organics as compost or fertilizer and by converting organics to energy through the use of an anaerobic digester. Tyra-Lukens asked if it is possible to capture the greenhouse gas from the landfills. Ellis said that process is not very efficient when compared to an anaerobic digester. Ellis reviewed the strategies proposed by Hennepin County and the MPCA. He displayed a map of Hennepin County highlighting cities that currently provide organics recycling and other cities that will be required to provide curbside organic recycling by 2022. Aho asked if the waste haulers are talking about providing that service. Ellis replied the haulers know this requirement is coming, and he believed they will fine tune how they provide the service. In 2012-2014 a hauler in Eden Prairie tried to provide curbside organics collection, but that service was suspended when they did not get the volume required. He noted responses to our questions posed to residents on City Connect showed a lot of people in favor of the service, so it would seem there is now more awareness of organics recycling. We do need to make it more cost effective. Aho asked what the haulers do with the organics collected. Mr. Krivit said there are two organic transfer facilities, one in Rosemount and the other in Shakopee. Aho asked if the facilities would be able to handle all the organic waste at this time if many more people were to sign up for the collection. Mr. Krivit responded the transfer capacity is more the limiting factor. Ellis said another strategy from the County and the MPCA is to push for organized recycling collection which would provide more control of the recycling program. He said they are also discussing building an anaerobic digester that would be used to break down biodegradable material. Additional strategies include requiring organics collection in certain businesses and removing local barriers to commercial recycling such as design standards regarding the aesthetics of storage enclosures. Ellis reported the 2016 recycling study of 42 cities in Hennepin County showed Eden Prairie in eighth place with 670 pounds of recycling per household for the year. For 2016, the County's goal for Eden Prairie was 725 pounds per household per year. Aho asked if haulers are required to weigh each load. Ellis said that was correct. The figures provided are based on the best data we have, and the data is getting better. Tyra-Lukens asked what the County is doing to promote packaging that would generate less waste. Ellis replied the amount of newsprint has decreased, and packaging has changed to make aluminum cans,plastic bags and packaging much thinner. He noted the numbers show Eden Prairie has done a pretty good job of recycling, although there is room for improvement. City Council Workshop Minutes August 8, 2017 Page 3 The amount of recycled material per household has dropped from 799 pounds per year in 2007 and 783 pounds per year in 2012. Stovring commented there is discussion about the effect on solid waste from additional packaging generated by Amazon and other online businesses. Ellis said there are several suggestions for improving residential recycling, such as having a uniform collection schedule for all haulers. There might be 5%more recycling if there were a uniform collection schedule. Nelson commented she often hears complaints about the size of the recycling bins. Ellis said improvements in residential recycling could also be made by providing weekly collection for both recycling and garbage, or weekly collection for recycling and biweekly for garbage. Ellis said a licensing requirement would be one of the options for organics collection. Licensing would enable us to control the program because we could require organics collection as part of obtaining a license. Collections could be made with the use of the blue bags for organics in the existing garbage carts or with the use of a separate organics cart. We could also provide a drop-off site, which could be used by multi-family units and commercial. Ellis said staff could evaluate the cost and benefit of providing a yard waste drop-off site. We could identify potential sites and provide recommendations as part of the solid waste management plan. Tyra-Lukens asked about the difference between organics and yard waste, for instance, how would a lettuce leaf be different from a tree leaf. Mr. Krivit replied there is limited compost pad space at the two transfer facilities, and there are State rules regarding the co-mingling of organics and yard waste. Ellis reviewed the evaluation of the 2017 clean-up day event, and noted 27 tons of material were dropped off Staff plans to look at accepting other items at the clean-up day event. He said having a curbside clean-up day would probably cost about $250,000-$400,000 per year. Tyra-Lukens asked about the cost of our current clean-up day. Stovring replied it is $30- 40,000. Nelson said we have suggested doing the clean-up day twice a year. She thought people look at that as a way to clean out items in the spring or fall. She noted Minneapolis allows residents to put out certain large items every week. Ellis said some cities have issued violations for junked items in the yard as an alternative to clean-up days. Tyra-Lukens asked if we sell any of the materials collected at the clean-up day event. Stovring replied the haulers do not charge us for the scrap metal collected. Tyra-Lukens noted years ago some service organizations had a drive to encourage people to bring in scrap metal. It would be useful to have information on alternative means of collection on the website. Nelson noted there is a site in Bloomington that will take a lot of items. Ellis said 18 months ago we started organics recycling here at City Hall, and we have had a 15- 18%reduction in the cost of our garbage service since starting that program. He noted our park facilities have recycling receptacles in the parks; however, those need to be used properly because we often see contaminated materials put into the recycling bins. We also try to make sure we have recycling available at our City events. City Council Workshop Minutes August 8, 2017 Page 4 Ellis said responses on City Connect showed that people would like to see organics collection. As part of our education program, Ms Stovring attends various community events during the year including the Chamber's Spring Expo, Arbor Day and the City Open House. The Communications Department plans to provide education through the newsletter and social media. One of the big issues that remains is confusion as to what can be recycled. Butcher Wickstrom asked if a hauler will reject the entire batch if there is contamination of a recycled item. Ellis replied they can reject the batch. He noted so much of recycling depends on the education involved to give people information; for instance, shredded paper must be put in paper bags for collection, and broken glass or broken ceramics cannot be recycled. Ellis said the Conservation Commission will be discussing the solid waste plan at their meeting tonight, and we plan to have a public open house on the subject of recycling. Internal staff committee discussions are being held, and we have plans to reach out to the haulers. In addition, we plan further discussions with Hennepin County and will continue this discussion when the draft solid waste management plan is brought back to a future City Council meeting. Butcher Wickstrom suggested we expand the hours of the drop-off event. Nelson suggested providing two opportunities for drop-off during the year. Aho commented education is key, and we need to have a strong plan on what items can and cannot be recycled and the best methods to use. Our Communications staff is a good resource for the education efforts. Getschow said we have briefly discussed having organized waste collection. Other cities have said they would not have gone to organized collection if they had a small number of haulers, and Eden Prairie has a limited number of haulers. He noted we have not done organized recycling collection, yet we have some of the highest participation rates in the metropolitan area. He said the new Hennepin County requirements for organics may help in organics collection. Tyra-Lukens commented we need to understand our education efforts are about trying to change people's behavior, and that can be very difficult. We need to get people to commit to recycling waste materials. Aho commented we may need to have financial incentives. II. OPEN PODIUM III. ADJOURNMENT ITEM NO. VI. B. UNAPPROVED MINUTES 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, Ron Case, and Kathy Nelson CITY STAFF: City Manager Rick Getschow, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, City Attorney Ric Rosow, and Council Recorder Jan Curielli I. CALL THE MEETING TO ORDER Mayor Tyra-Lukens called the meeting to order at 7:00 PM. Council Member Case was absent. II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS A. DONATION FROM VEIL ORTHODONTICS (Resolution No. 2017-76) Lotthammer said Veil Orthodontics has donated a total of$250 to the following programs: KidStock Concert Series, Spooky Saturday, and Halloween on the Mall. MOTION: Nelson moved, seconded by Butcher Wickstrom, to adopt Resolution No. 2017-76 accepting the donation of$250 from Veil Orthodontics toward the Parks and Recreation special events. Motion carried 4-0. B. AWARD EFO DESIGNATION TO ASSISTANT FIRE CHIEF BECKI WHITE Chief Esbensen said Assistant Chief Becki White has successfully completed the Executive Fire Officer program. Assistant Chief White has served in the Eden Prairie Fire Department(EPFD) since 2003. During that time, she has risen to the rank of Assistant Chief for Training and Prevention. He noted she is the first person representing the EPFD to graduate from the Executive Fire Officer program, the completion of which is one of the most highly regarded accomplishments in the CITY COUNCIL MINUTES August 8, 2017 Page 2 United State Fire Service. Mayor Tyra-Lukens presented a certificate of completion to Assistant Chief White. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Aho moved, seconded by Nelson, to approve the agenda as published. Motion carried 4-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY,JULY 11, 2017 MOTION: Butcher Wickstrom moved, seconded by Aho, to approve the minutes of the City Council workshop held Tuesday, July 11, 2017. Motion carried 4-0. B. CITY COUNCIL MEETING HELD TUESDAY,JULY 11, 2017 MOTION: Nelson moved, seconded by Aho, to approve the minutes of the City Council meeting held Tuesday, July 11, 2017. Motion carried 4-0. VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. APPROVE SECOND READING OF ORDINANCE 12-2017 AMENDING CITY CODE CHAPTER 11, RELATING TO COMMUNITY CENTERS AND ADOPT RESOLUTION NO. 2017-77 APPROVING SUMMARY ORDINANCE FOR PUBLICATION C. APPROVE SECOND READING OF ORDINANCE NO. 13-2017 AMENDING CITY CODE CHAPTER 11, RELATING TO DAY CARE FACILITIES AND ADOPT RESOLUTION NO. 2017-78 APPROVING SUMMARY ORDINANCE FOR PUBLICATION D. ADOPT RESOLUTION NO. 2017-79 APPROVING FINAL PLAT OF PRAIRIE BLUFFS SENIOR LIVING E. ADOPT RESOLUTION NO. 2017-80 AMENDING RESOLUTION NO. 2016- 33 DESIGNATING CITY COMMUNITY FESTIVALS TO ADD PRAIRIE BREWFEST F. ADOPT RESOLUTION NO. 2017-81 AMENDING RESOLUTION NO. 2016-33 TO AUTHORIZE DISPENSING LIQUOR AT A CITY COMMUNITY FESTIVAL CITY COUNCIL MINUTES August 8, 2017 Page 3 G. ADOPT RESOLUTION NO. 2017-82 APPROVING TRAFFIC SIGNAL MAINTENANCE AGREEMENT WITH STATE OF MINNESOTA FOR FLYING CLOUD DRIVE AT I-494 AND TH 212 H. ADOPT RESOLUTION NO. 2017-83 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 NO. 2017-84 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 MOTION: Butcher Wickstrom moved, seconded by Aho, to approve Items A-R on the Consent Calendar. Motion carried 4-0. IX. PUBLIC HEARINGS/MEETINGS A. ELEVATE AT SOUTHWEST STATION by Timberland Partners Resolution 2017-85 for Comprehensive Guide Plan Change from Regional Commercial to TOD on 2.93 Acres and Text Amendment; Resolution No. 2017-86 CITY COUNCIL MINUTES August 8, 2017 Page 4 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 2017-87 for Preliminary Plat of two lots into one lot on 2.93 Acres Getschow said this is a proposed development at Southwest Station on the site where the vacant Ruby Tuesday and Anchor Bank buildings are located. 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. Scott Carlston, 8150 Drexel Court, gave an introduction to the project. He noted his background for this project came from his experience developing the Martin Blu apartments. He partnered with Bob Franzen, President of Timberland Partners on the proposal, and Ryan Sailer, Vice President of Development for Timberland Partners, is present to give a PowerPoint overview of the project. Mr. Sailer said there will be 222 total apartment units, of which 20%will be affordable units at 50%Area Median Income (AMI) and 5%will be affordable units at 80%AMI. In addition to the apartment units, there will be approximately 13,000 square feet of retail space which will possibly include two full service restaurants and one or two retail tenants. There will be 397 total parking stalls, with 287 stalls in a 2.5 story underground parking facility and 110 surface stalls. In addition, there will be 175 spaces reserved for bicycles. He noted the project will include a new public plaza. Mr. Sailer said they plan to incorporate green design features including 3500 square feet of green roof, a rain water cistern for site irrigation, and permeable pavers in the parking lot. They also participate in the Xcel Energy Design Assistance program and have cooperated and engaged with City staff and adjacent property owners in planning the project. If the project is approved, they would start construction in November 2017, and plan to be 100% complete in the spring of 2019. He introduced the project architect, Colin Kaas, Kaas Wilson Architects. Mr. Kaas continued the PowerPoint presentation. He reviewed the building design and noted the many challenges involved in designing the project within the very limited space. A green roof space will be located above the new commercial space. The materials used on all sides of the building will coordinate with the colors used in the existing commercial space and the proposed Southwest Light Rail Transit(LRT) station. Nelson commented there are no three bedroom units included, and there are a lot of efficiency apartments. Mr. Kaas replied their experience with past projects indicates the demand is quite high for single occupancy units. Nelson asked if there will be affordable two-bedroom units. Mr. Sailer said there will be some in the affordable CITY COUNCIL MINUTES August 8, 2017 Page 5 range. Nelson noted this is not the last time the Council will hear about the project and asked the proponent to make sure there are some larger apartments available in the affordable unit category for second reading. She then asked if any of the units are handicapped-accessible. Mr. Sailer replied they are using HUD financing so there are more than the usual number of handicapped-accessible units. Butcher Wickstrom asked if the den included in the one bedroom and den units could be used as a bedroom. Mr. Sailer said the den does not have a closet but it possibly could be used as a bedroom. Butcher Wickstrom commented she really appreciated all the amenities included, such as the roof top patio space and the green roof. Butcher Wickstrom asked about the traffic study completed for the proposal which projected an average of 110 more peak hour trips. Ellis said staff worked with a third party on the traffic study. They looked at the impact of the LRT and other development and determined the intersection would operate at an acceptable level of service and would not require additional improvements. There will be a new, full access point for the LRT at the current location of Culver's. Aho commented this is a beautiful project. He would like to see a few more improvements for traffic flow. He asked if they have thought about the impact to the project should the Southwest LRT project not take place. Mr. Sailer replied this is a transit site whether the LRT happens or not. Aho said he liked way the building fits into the site with or without the LRT wrapping around the building. He noted he is Vice Chair of Southwest Transit, and it appears the ramp will be blocking some of the Southwest Transit building. He asked if there has been any consideration of additional signage for Southwest Transit. Mr. Sailer replied they would be willing to cooperate on that, and noted there will need to be a new monument sign. Tyra-Lukens asked if there will be bike racks on site near the plaza area. Mr. Sailer said there will be bike racks on the plaza as well as some along the retail promenade. Secure bike parking for residents will be located separate from the public bike parking. Carol Jensen, 8309 Sheridan Lane, said there is already a traffic jam in the area and asked if there will be an open house so residents can see the layout. Tyra-Lukens replied she did not believe there is an open house scheduled, but the project plans are available to view. Ms Jensen asked how the project will fit in with the new restaurants that just went in. Mr. Kaas replied there will be a full access intersection on the west side of the site that will become the primary drop off for the light rail, buses and the park and ride ramp, so a fair amount of traffic will be moved to the west. Ms Jensen asked about Southwest Transit buses. Tyra-Lukens noted the bus traffic goes into the back of the building. Ms Jensen said she has seen a lot of turnover with the restaurants there and asked if the commercial space will be fully rented out. Jeremiah replied the Southwest Station condos are doing quite well. Overall, the apartment market is doing very well, and there is a lot of demand for rental housing for young people. CITY COUNCIL MINUTES August 8, 2017 Page 6 Tyra-Lukens said one of the challenges at the SouthWest Transit site was to attract restaurants and transit-oriented retail. Adding residential to the site should enhance the viability of the restaurants as well as that of retail businesses such as a day care facility or a pharmacy. David Saltzman, 17635 Wiedman Way, said he is part of a group of people that make up the Eden Prairie Affordable Housing committee. He was pleased to hear about the inclusion of the affordable housing units in the development. He noted the vacancy rate for rental units in the metropolitan area is very low, so he thought it will be easy to fill the apartment units very quickly. He thought the development will fit in very well. There is a lot of traffic in the area already, but the reconfiguration on the west side will help the traffic flow. Joan Howe-Pullis, 9327 Rath Place, thought the project has creative use of space with mixed use on the lower level. She thought it is a fabulous first project along the light rail line, and it is a viable project even if the LRT isn't developed. Asad Aliweyd, a resident of Eden Prairie, said this project is good for the residents of Eden Prairie and will encourage additional affordable housing in the City. MOTION: Butcher Wickstrom moved, seconded by Aho, to close the public hearing; to adopt Resolution No. 2017-85 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; to adopt Resolution No. 2017-86 for a Planned Unit Development concept review on 2.93 acres; to 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; to adopt Resolution No. 2017-87 for a Preliminary Plat of two lots into one lot on 2.93 acres; to 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 to 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. Nelson thanked the developer for doing a TOD development in Eden Prairie and for including amenities such as the roof top patio. It will be an interesting place for all ages and types of families and is something that the City needs. Tyra-Lukens said this is a great project, and she would like to hear the development team's thoughts on working with the City's new design standards. VOTE ON THE MOTION: Motion carried 4-0. CITY COUNCIL MINUTES August 8, 2017 Page 7 B. APPROVE FIRST READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 9, RELATING TO SHADE TREE DISEASE CONTROL Getschow said Chapter 9 of the City Code contains the City of Eden Prairie's shade tree disease control requirements. With the discovery of the emerald ash borer in Eden Prairie, staff believes there is a need to revise regulations to reflect current conditions. Lotthammer said the Council has had some discussion about the shade tree ordinance in workshops, and this is a very specific change to add the emerald ash borer as a pest. He said during the late spring and summer season we do not want people to move the ash tree material because the ash borer can be spread more easily during that time. The intent would be to quarantine a tree that has been identified to have the ash borer until it can be safely moved in the October to April time frame. There will be additional forestry technicians on board during the spring and summer months to check for the ash borer and other diseases. He noted the spread of the emerald ash borer has been slower in Minnesota than in states to the east of us. We need to educate people regarding the spread of the pest in order to help manage this. Tyra-Lukens said the City Forester is keeping an eye out for the emerald ash borer but residents can also call the City to ask for an identification of the pest. She asked about our sense regarding treatment of ash trees that do not yet have the ash borer. Lotthammer said a resident would need to determine the cost benefit of the treatment because it is a long term commitment. The treatments need to be made every other year going forward. Explaining how the treatment process works would be part of the education efforts. Nelson said she would like to see a plan for the City's management of our ash trees. Lotthammer replied our management plan is posted online. Each city has its own plan which will depend on the type of trees in the city. Eden Prairie has some of the lowest percentage of ash trees compared to other cities. Also, the ash trees are fairly dispersed throughout the City, which means the visual impact of losing the ash trees will be less. Our approach at this time is not to be aggressive, and we do not plan to take down trees as a pre-emptive measure. There were no comments from the audience. MOTION: Aho moved, seconded by Nelson, to close the public hearing and to approve first reading of an ordinance amending City Code Chapter 9 relating to shade tree disease control. Motion carried 4-0. C. VACATION OF A PART OF THE DRAINAGE AND UTILITY EASEMENT ON LOT 1,BLOCK 4, THE ENCLAVE AT OLD SHADY OAK(Resolution No. 2017-88) Getschow said a 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, CITY COUNCIL MINUTES August 8, 2017 Page 8 Block 4, The Enclave at Old Shady Oak. Staff feels there is no need for that part of the easement in the future, and this will line up with the remainder of the subdivision's lots. There were no comments from the audience. MOTION: Nelson moved, seconded by Aho, to close the public hearing and to adopt Resolution No. 2017-88 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. Motion carried 4-0. X. PAYMENT OF CLAIMS MOTION: Butcher Wickstrom moved, seconded by Nelson, to approve the payment of claims as submitted. Motion was approved on a roll call vote,with Aho,Butcher Wickstrom,Nelson and Tyra-Lukens voting "aye." XI. ORDINANCES AND RESOLUTIONS A. APPROVE FIRST AND SECOND READING OF ORDINANCE NO. 14-2017 AMENDING CITY CODE CHAPTER 4,RELATING TO INSURANCE, COMMUNITY FESTIVALS,AND SUNDAY SALES Getschow said this amendment addresses several concerns. 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. Flying Dutchman Spirits has asked to be open on Sunday and also wants to participate in the Prairie Brew Fest. 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. The amendment also declares the Prairie Brew Fest to be a community event. He noted first and second reading of the ordinance will require a unanimous vote of the Council Members. Tyra-Lukens asked if they plan to be open Thursday through Sunday if this exception for Sunday hours is approved. Getschow said that was his understanding. MOTION: Nelson moved, seconded by Butcher Wickstrom, to approve first and second reading of Ordinance No. 14-2017 amending City Code Chapter 4, relating to insurance, community festivals, and Sunday sales. Motion carried 4-0. B. APPROVE FIRST READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 6, RELATING TO SMALL WIRELESS FACILITY PERMITS CITY COUNCIL MINUTES August 8, 2017 Page 9 Getschow said 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. He said we have agreements with some small wireless operators in the City for use of the right of way. We also have the ability to require a permit for the use of the right of way in order to maintain the standards and requirements for work done in our right of way. Ellis said this code amendment makes sure our code conforms to the State statutes and sets the process for how permits are provided, the review period, and details regarding co-location with our facilities. He noted the change does cause a loss of some of our ability to maintain aesthetic standards in the right of way. MOTION: Aho moved, seconded by Butcher Wickstrom, to approve first reading of an ordinance amending City Code Chapter 6, relating to small wireless facility permits. Motion carried 4-0. XII. PETITIONS, REQUESTS,AND COMMUNICATIONS XIII. APPOINTMENTS A. STUDENTS ON COMMISSIONS—FCAAC Getschow said a number of appointments of students on commissions were made at the last meeting. Another student has been appointed to the Flying Cloud Airport Advisory Commission(FCAAC). An orientation for the student commissioners is held in September, and the program begins with the September commission meetings. MOTION: Nelson moved, seconded by Butcher Wickstrom, to appoint Nathan Bellefeuille to the Flying Cloud Airport Advisory Commission. Motion carried 4-0. 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 CITY COUNCIL MINUTES August 8, 2017 Page 10 G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Butcher Wickstrom moved, seconded by Aho, to adjourn the meeting. Motion carried 4-0.Mayor Tyra-Lukens adjourned the meeting at 8:22 p.m. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar September 5, 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 Move to: Approve the license listed below Temporary Liquor Organization: City of Eden Prairie Event: Wine/Beer Tasting Date: Friday, December 15, 2017 Place: Garden Room 8080 Mitchell Road - 1 - CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar September 5, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Engineering Ordinance Amending City Code Chapter 6 VIII.B. Robert Ellis/Public Works Relating to Small Wireless Facility Permits Requested Action Move to: Approve Second Reading of an Ordinance Amending City Code Chapter 6, Relating to Small Wireless Facility Permits and Adopt Resolution Approving Summary Ordinance for Publication Synopsis City Code Section 6.03 is being amended to provide that a telecommunication right-of-way user who desires to place a new wireless support structure in the public right-of-way or collocate a small wireless facility on an existing privately owned wireless support structure in the 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. The first reading of the Ordinance was held on August 8, 2017. Since the first reading, two minor changes were made to Section 6.03 after discussion with City staff. First, in Subdivision 9.1, a preference was inserted that small wireless facilities be located on arterial and collector roads, rather than residential roads. Second, in Subdivision 9.9(e), the size limitation distinction between zoning districts for above-grade ground-mounted equipment was eliminated and the maximum volume was increased slightly to comply with state law. Now, the size limitation for all above-grade ground-mounted equipment in the right-of-way is the same regardless of location. Attachments Ordinance Resolution and Summary 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. A. 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. Locate in the right-of-way on or adjacent to Principal Arterial, Other Arterial, Major Collector, or Minor Collector roads, as classified by the Metropolitan Council Functional Classification System. c. Collocate on existing wireless support structures within the right- of-way. d. Locate on a new wireless support structure within the right-of-way that replaces an existing wireless support structure of the same height. e. 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. f. Locate on a new wireless support structure within the right-of-way whose height is similar to nearby structures. g. 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. B. 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; and (v) If placed above grade, ground-mounted equipment shall be limited to three (3) feet in height and twenty-eight (28) 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. C. 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. D. 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. E. 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 OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2017- A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO. AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie held on the 5th day of September, 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. is lengthy. B. The text of summary of Ordinance , 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 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 September 5, 2017. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk EXHIBIT A CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 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 following is only a summary of Ordinance No. . The full text is available for public inspection by any person during regular office hours at the Office of the City Clerk. SUMMARY: The Ordinance deletes the current Sections 6.01 and 6.03 in their entirety and replaces them with new Sections 6.01 and 6.03 relating to small wireless facilities. The Ordinance adds new definitions to Section 6.01 in accordance with recent amendments to state law. The Ordinance amends Section 6.03 by requiring any person desiring to place wireless support structures in the right-of-way or to collocate small wireless facilities on existing structures in the right-of-way to obtain a small wireless facility permit or enter into a Standard Small Wireless Collocation Agreement with the City, in addition to obtaining a right-of-way permit as necessary. 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 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar September 5, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Parks & Recreation Code Amendment—Shade Tree Pest Control VIII.C. Jay Lotthammer Requested Action Move to: Approve Second Reading of an Ordinance Amending City Code Chapter 9, Relating to Shade Tree Pest Control and Adopt Resolution Approving Summary Ordinance for Publication Synopsis This is the final approval of an ordinance relating to shade tree pest control. Attachments Ordinance Summary Ordinance and Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 17- AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA AMENDING CITY CODE CHAPTER 9 BY AMENDING SECTION 9.70 RELATING TO SHADE TREE PEST CONTROL AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTIONS 9.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS: Section 1. City Code Chapter 9, Section 9.70 is hereby amended by deleting Section 9.70 in its entirety and replacing it with the following: SECTION 9.70. SHADE TREE PEST CONTROL. Subd. 1. Declaration of Policy. The Council has determined that the health of 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 or her 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. 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 Section, 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 or her 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. 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. 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 the procedure in Subdivisions 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 the February 28 first occurring after notice is given to the property owner pursuant to Subdivision 4. 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 girdled 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 of May 1 to September 30 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 shall 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 (October 1 to April 30) shall be removed within twenty (20) days of notification of the property owner pursuant to Sudivision 4. The outer 1 inch of bark/wood shall 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 from the City; 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. 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. Section 2. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 9.99 entitled "Violation a Misdemeanor or Petty Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 3. This ordinance shall be in effect from and after the date of 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 at a regular meeting of the City Council of said City on the 5th day of September, 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. AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie held on the day of , 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. is lengthy. B. The text of summary of Ordinance , 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 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 , 2017. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk EXHIBIT A CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 9 BY AMENDING SECTION 9.70 RELATING TO SHADE TREE PEST CONTROL AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTIONS 9.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS The following is only a summary of Ordinance No. . The full text is available for public inspection by any person during regular office hours at the Office of the City Clerk. SUMMARY: The Ordinance deletes the current Section 9.70 in its entirety and replaces it with a new Section 9.70 relating to shade tree pest control. The Ordinance adds emerald ash borer to the list of public nuisances, defines a procedure for removal for trees infested with emerald ash borer, and updates the City's tree inspection procedures. 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 CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda September 5, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: IC# 13-5844 ITEM NO.: Dave Modrow Adopt resolution requesting a variance from State VIII.D. Public Works/Engineering Aid Standards to allow for 10%trail grades on Eden Prairie Rd between CSAH 61 and Frederick Place Requested Action Move to: Adopt Resolution Requesting a Variance from State Aid Standards to Allow for 10% Trail Grades on Eden Prairie Rd between CSAH 61 and Frederick Place. Synopsis A variance is necessary from the Minnesota Department of Transportation (MNDOT) State Aid Design Standards for the construction of a trail adjacent to the proposed Eden Prairie Road reconstruction between CSAH 61 and Frederick Place. MNDOT requires variance requests be in the form of a Council Resolution. Background Information The City of Eden Prairie is preparing plans for Eden Prairie Road and an adjacent trail connection between CSAH 61 and a point approximately 350 feet south of Frederick Place as part of City IC# 13-5844. The project will be designated as a State Aid route and therefore needs to be designed and constructed to the Minnesota State Aid Standards. Minnesota Rule for State Aid Operation 8820.9995 (Minimum Bicycle Path Standards) requires off road bicycle paths to have a maximum allowable grade of 8.3 percent. The reason for this variance request is the existing Eden Prairie Road corridor traverses the steep slopes of the Minnesota River bluffs making the 8.3 percent maximum grade unfeasible. The proposed project improves the existing grade of Eden Prairie Road from in excess of 16 percent to a maximum grade of 10 percent. Due to the adjacent grades on the bluff, sensitivity of the surrounding landscape, and right of way limitations, the trail is proposed to follow the road corridor and match the proposed 10 percent road profile. MNDOT requires that the resolution provide that the City of Eden Prairie defend, indemnify and hold harmless the State of Minnesota from claims, demands, actions, or causes of action, costs and expenses arising out of or by reason of the granting of the proposed variance. Subject to Council approval of this resolution, the City will be formally requesting this variance from State Aid Standards at the upcoming State Aid Variance Committee Meeting on September 21st, 2017. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2017- A RESOLUTION REQUESTING A VARIANCE FROM STANDARD FOR STATE AID OPERATION FOR I.C. NO. 13-5844 (SAP 181-114-001) WHEREAS, The City of Eden Prairie is preparing plans for Eden Prairie Road and an adjacent trail connection between CSAH 61 and a point approximately 350 feet south of Frederick Place; and WHEREAS, Minnesota Rule for State Aid Operation 8820.9995 (Minimum Bicycle Path Standards)requires off road bicycle paths to have a maximum allowable grade of 8.3 percent; and WHEREAS, the variance is requested because the existing Eden Prairie Road corridor traverses the steep slopes of the Minnesota River bluffs making the 8.3 percent maximum grade unfeasible. The proposed project improves the existing grade of Eden Prairie Road from in excess of 16 percent to a maximum grade of 10 percent. Due to the adjacent grades on the bluff, sensitivity of the surrounding landscape, and right of way limitations, the trail is proposed to follow the road corridor and match the proposed 10 percent road profile. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Eden Prairie does hereby request a variance from the Minnesota Department of Transportation State Aid Operations Rules Chapter 8820.9995 (Minimum Bicycle Path Standards) to allow a maximum grade of 10 percent in lieu of 8.3 percent; BE IT FURTHER RESOLVED, that the City of Eden Prairie hereby indemnifies, saves and hold harmless the State of Minnesota and its agents and employees of and from claims, demands, actions, or causes of action arising out of or by reason of the granting of the proposed variance to Minnesota Rules 8820.9995 and further agrees to defend at its sole cost and expense any action or proceeding commenced for the purpose of asserting any claim arising as a result of the granting this variance. ADOPTED by the Eden Prairie City Council on this 5th day of September, 2017. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar September 5, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development/ Adopt Resolution Supporting Grant Application to VIII.E. Economic Development Hennepin County Transit Oriented Development Janet Jeremiah/David Lindahl Program Requested Action Move to: Adopt Resolution Supporting Grant Application to Hennepin County Transit Oriented Development Program to Help Fund Town Center Station Area Access Improvements Synopsis Hennepin County's transit oriented development(TOD)program offers grants and loans for redevelopment area projects that increase ridership along transit corridors and routes. As part of the application requirements, Hennepin County requires a resolution of support from the municipality. Background Hennepin County's TOD Program is an annual funding program that awarded approximately $27 million to over 100 TOD Projects since 2003. This year, $1.7 million is available with no minimum or maximum award amount. If the application is approved and funding is awarded, the City will need to approve participation in a multi jurisdictional agreement with the Hennepin County Housing and Redevelopment Authority. With this application the City is applying for funding for the extension of Eden Road, streetscape improvements and multi-modal station access improvements to the Town Center LRT Station. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2017- A RESOLUTION SUPPORTING A GRANT APPLICATION SUBMITTAL TO HENNEPIN COUNTY'S TRANSIT ORIENTED DEVELOPMENT (TOD) PROGRAM TO HELP FUND TOWN CENTER STATION AREA ACCESS IMPROVEMENTS WHEREAS,the City of Eden Prairie, Minnesota(the "City"), desires to apply for infrastructure project funds through Hennepin County's Transit Oriented Development Program to help fund the extension of Eden Road, streetscape improvements and multi-modal station access improvements to the Town Center LRT Station; and WHEREAS,the City of Eden Prairie understands that city staff shall submit to Hennepin County's Housing and Redevelopment Authority, an application for a grant from the Transit- oriented Development Program Funding; and WHEREAS,the City of Eden Prairie held a City Council meeting on September 5, 2017, to consider this matter. NOW, THEREFORE,BE IT RESOLVED that, after due consideration, the Mayor and City Manager of the City of Eden Prairie, Minnesota, hereby express their approval of city staff to apply for an infrastructure project award from Hennepin County's Transit Oriented Development Program to help fund station access improvements to Town Center Station. ADOPTED by the City Council of the City of Eden Prairie this 5th day of September, 2017. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar September 5, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Janet Jeremiah, Director and Approve Rehabilitation Deferred Grant VIII.F. Molly Koivumaki, Housing and Program Agreements for PROP, The Prop Human Services Manager Shop, Edendale, and Immanuel Lutheran Community Development Requested Action Move to: Approve the Rehabilitation Deferred Grant Program Agreements between the City of Eden Prairie and PROP, The Prop Shop, Edendale, and Immanuel Lutheran. Synopsis These Eden Prairie nonprofits serve low/mod income Eden Prairie residents and have requested grants in an amount up to $50,000 each to make upgrades and repairs to their facilities. The current Housing Rehabilitation Loan Program process will be followed for these grants. The CDBG funds to be used are generated from 2017 program income. The expenditure will not take funds from any other program and will assist in the City's obligation to expend program income in a timely manner. Summary of Improvements Upon approval of the grants, the city inspector will visit the properties to prepare a scope of work of approved projects. Requested improvements include: PROP Update the main restrooms and bring them into ADA compliance. Repair and patch the parking lot Prop Shop Roof replacement on old building. Light fixture updates to add lighting and replace with LED energy efficient bulbs Garage door repair and storage improvement Edendale Mandatory elevator upgrades (fire code recall) Upgrade kitchens with ADA improvements Patio accessibility—add door operator Immanual Lutheran-Haven House Replace HVAC system Energy efficiency upgrades Fire suppression system Miscellaneous upgrades Attachments Rehabilitation Deferred Grant Program Agreement PROP Rehabilitation Deferred Grant Program Agreement The Prop Shop Rehabilitation Deferred Grant Program Agreement Edendale Rehabilitation Deferred Grant Program Agreement Immanuel Lutheran CITY OF EDEN PRAIRIE REHABILITATION DEFERRED GRANT PROGRAM AGREEMENT THIS AGREEMENT, made and entered into this day of , 2017,by and between People Reaching Out to Other People, Inc., a Minnesota non-profit corporation having its principal place of business at 14700 Martin Drive, Eden Prairie, Minnesota 55346 (hereinafter referred to as "Recipient"), and the City of Eden Prairie, a body corporate and politic of the State of Minnesota, having its principal office at 8080 Mitchell Road, Eden Prairie, Minnesota 55344, (hereinafter referred to as the "City"). WHEREAS, Recipient owns the property legally described on attached Exhibit A and hereinafter referred to as the "Real Property" and; WHEREAS, Recipient owns and operates the Real Property for the purpose of providing Eden Prairie residents in need with food and financial assistance and to provide support toward self sufficiency; and WHEREAS, the City intends through this Grant Agreement to provide Recipient with an amount not to exceed Fifty Thousand and no/100 dollars ($50,000.00) as a grant (hereinafter referred to as "the Grant") for rehabilitation work on the Real Property as described herein; and WHEREAS, Recipient and the City desire to set forth the terms under which the Grant shall be provided by City to Recipient. NOW, THEREFORE, in consideration of said Grant, the receipt and sufficiency of which is hereby acknowledged by Recipient, and in accordance with Minnesota Statutes, the parties hereto do hereby agree as follows: 1. Use of Grant Proceeds. The Grant proceeds shall be used solely to perform the rehabilitation work set forth on Exhibit B, attached hereto and incorporated herein, (the "Work") on the Real Property. Said Work shall be to improve the conditions relating to health, safety, and energy efficiency of the Real Property, or provide essential accessibility improvements to the Real Property. All Work shall be subject to the City's approval. 2. Payment of Grant Proceeds. Recipient shall submit to City applications for payment and such other documentation deemed satisfactory to City in its sole discretion evidencing completion of the Work. Upon City determination that the Work for which the application has been submitted is complete, City shall disburse to the contractor(s) who completed the Work Grant Proceeds in an amount to pay for the Work, but in no event shall the total amount paid under this Agreement exceed Fifty Thousand and no/100 dollars ($50,000). No payment shall be made for Work completed after March 15, 2018. 3. Repayment of Grant Proceeds. Recipient agrees to the following repayment obligations: 3.1. If the Real Property, as identified on Exhibit A, is sold, transferred, or otherwise conveyed(whether by deed, contract for deed, or otherwise), and whether voluntary or involuntary, within three (3) years from the date of this Agreement, Recipient shall repay the principal sum of the Grant. 3.2. If the Real Property, as identified on Exhibit A, ceases for any reason to be used by Recipient within three (3) years from the date of this Agreement, Recipient shall repay the principal sum of the Grant. 3.3. If Recipient ceases operations for any reason within three (3) years after the date of this Agreement, Recipient shall repay the principal sum of the Grant. 3.4. Recipient shall give written notice to the City thirty (30) days prior to the occurrence of any of the events listed in Paragraphs 3.1 through 3.3, and repayment shall be made by Recipient immediately upon the occurrence of any of said events. 3.5. Payments shall be delivered to the office of the City, or at such other place as the City may designate. 4. Recipient's Covenants. Recipient covenants with the City that Recipient is eligible for the Grant under the following conditions: 4.1. The Real Property is owned by Recipient as of the date of the Grant, and Recipient has no present intention to rent the Real Property, or to sell, assign, or transfer Recipient's interest in the Real Property to another; and 4.2. The proceeds of the Grant will be used only for the Work described in Paragraph 1; and 4.3. Recipient has made no material misstatement of fact in connection with Recipient's application for the Grant. 5. Grant of Lien. As security for Recipient's covenant and obligation for repayment as herein provided, Recipient hereby grants, and the City shall and hereby does have, a lien on the Real Property(the "Lien"),together with all hereditament and appurtenances thereto, in the full amount necessary to satisfy Recipient's repayment obligation and the cost, including 2 reasonable attorney fees of collecting the same. 6. Events of Default. Any one of the following shall constitute an event of default: 6.1. Recipient's failure to cure a breach of any covenant, term or condition contained in this Agreement for a period of thirty (30) days after written notice, specifying the breach and requesting that it be cured, given to Recipient by the City, unless the City shall agree in writing to an extension of such time prior to its expiration. 6.2. If any representation or warranty made by Recipient herein shall prove at any time to be, in any material respect, incorrect or misleading as of the date made. 6.3. The adjudication of Recipient as bankrupt by a court of competent jurisdiction, or the entry by such a court of an order approving a petition seeking reorganization of Recipient under the federal bankruptcy laws or any other applicable law or statute of the United States of America or any State thereof; or the appointment by such a court of a trustee or receiver or receivers of Recipient or of all or any substantial part of its property upon the application of any creditor in any insolvency or bankruptcy proceeding or other creditor's suit. 6.4. The filing by Recipient of a petition in voluntary bankruptcy or the making by it of a general assignment for the benefit of creditors or the consenting by it to the appointment of a receiver or receivers of all or any substantial part of the property of Recipient; or the filing by Recipient of a petition or answer seeking reorganization under the federal bankruptcy laws or any other applicable law or statute of the United States of America or any State thereof; or the filing by Recipient of a petition to take advantage of any debtor's act. 7. City's Remedies. Whenever Recipient is in default under this Agreement, the City may exercise any one or more of the remedies below. 7.1. The City may declare the principal sum of the Grant, plus all other amounts that may be owed by Recipient to the City pursuant to this Agreement, to be immediately due and payable. Recipient hereby confesses judgment in said amount, and hereby authorizes and empowers the City to file the attached Ex. C with a court of competent jurisdiction in the event of a default as set forth herein. 7.2. The City may, in its sole discretion, foreclose on the Real Property by judicial proceedings or sell the Real Property at public auction and convey the same to the purchaser in fee simple in accordance with Minnesota statutes, and out of the moneys arising from such sale retain all sums secured hereby, with interest and all legal costs and charges of such foreclosure and the maximum attorney fee permitted by law,which costs, charges and fees Recipient herein agrees to pay. 7.3. The City may take whatever action at law or in equity may appear necessary or appropriate to collect the principal sum of the Grant, plus all other amounts that may be owed by Recipient to the City pursuant to this Agreement, or to enforce performance and observance of any obligation, agreement or covenant of Recipient 3 under this Agreement. 7.4. No remedy herein conferred is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the City to exercise any remedy set forth in this Agreement, it shall not be necessary to give any notice, other than such notice as may be herein expressly required or required by applicable law. 8. Attorney's Fees. In the event Recipient should default under any of the provisions of this Agreement and the City should employ attorneys or incur other expenses for the collection of the amounts due hereunder or the enforcement of performance of any obligation or agreement on the part of Recipient, Recipient will on demand pay to the City the reasonable fee of such attorneys and such other expenses so incurred. 9. Agreement to Run with the Land. This Agreement shall run with the aforementioned Real Property and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, representatives, successors and assigns. Wherever used, the singular shall include the plural, and the plural shall include the singular. All covenants and agreements of Recipient shall be joint and several. 10. Severability. In the event any provision or clause of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. 11. Waiver. In the event any covenant, term or condition contained in this Agreement should be breached by either party and thereafter waived by the other party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other breach hereunder. 12. Automatic Termination. If, after three (3) years from the date of this Agreement, Recipient is not in default under any terms of this Agreement, Recipient's repayment obligations set forth herein shall terminate. 13. Notice. In addition to any notice required under applicable law to be given in another manner, any notice provided for in this Agreement shall be effective when mailed by certified mail, return receipt requested, to the address below or such other address the receiving party may designate in writing. To: The City of Eden Prairie ATTN: City Manager 8080 Mitchell Road Eden Prairie, Minnesota 55344 4 To: Janet Palmer Executive Director People Reaching Out to Other People, Inc. 14700 Martin Drive Eden Prairie, MN 55346 14. Data Practices Act. The Recipient shall at all times abide by the Minnesota Government Data Practices Act, Minn. Stat. Section 13.01, et seq., to the extent that the Act is applicable to data and documents in the hands of the Recipient. 15. Audits. The books, records, documents, and accounting procedures and practices of the Recipient or other parties relevant to this agreement are subject to examination by the City and either Legislative Auditor or the State Auditor for a period of six years after the effective date of this Agreement. 16. Governing Law. This Agreement is deemed made within the State of Minnesota and shall be governed by and interpreted in accordance with Minnesota law. All disputes arising out of this Agreement shall be subject to the exclusive jurisdiction of the Minnesota State Courts, and exclusive venue for any such action shall be in Hennepin County, Minnesota. 17. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and merges all prior discussions between them with respect to the subject matter hereof. This Agreement may not be modified except by a written agreement dated subsequent to the date of this Agreement and signed by both parties. [Signature and notary page follows] 5 CITY OF EDEN PRAIRIE By: Nancy Tyra-Lukens, Mayor By: Rick Getschow, City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2017, by Nancy Tyra-Lukens and Rick Getschow, respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. Notary Public 6 People Reaching Out to Other People, Inc. By: Janet Palmer,Executive Director STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2017, by Janet Palmer, the Executive Director of People Reaching Out to Other People, Inc., a Minnesota non-profit corporation, on behalf of said corporation. Notary Public This instrument was drafted by: Gregerson,Rosow,Johnson&Nilan, Ltd. 100 Washington Avenue South, Suite 1550 Minneapolis,MN 55401 (612) 338-0755 7 Exhibit A Description of the Real Property Lot 2, Block 1, Edenvale Industrial Park 4th Addition, Hennepin County, Minnesota 8 Exhibit B • Update the main restrooms and bring them into ADA compliance. • Repair and patch the parking lot 9 Exhibit C Confession of Judgment 10 STATE OF MINNESOTA DISTRICT COURT COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT The City of Eden Prairie, a Minnesota Court File No: municipal corporation, Case Type: Other Contracts Plaintiff, CONFESSION OF JUDGMENT vs. People Reaching Out to Other People, a Minnesota non-profit corporation, Defendant. The undersigned, People Reaching Out to Other People, a Minnesota non-profit corporation (the "Defendant"), hereby confesses judgment in favor of the City of Eden Prairie, a Minnesota municipal corporation (the "City"), the Plaintiff in the above matter, for the sum of Fifty Thousand and 00/100 Dollars ($50,000.00), less any amounts already paid by the Defendant to the City under the terms of the Rehabilitation Deferral Grant Program Agreement (the "Agreement"), plus attorney's fees. The sum of$50,000.00, less any amounts already paid by Defendant to the City under the terms of the Agreement is justly due, and Defendant hereby authorizes the entry of judgment against it for said amount plus attorney's fees. Defendant hereby executes this Confession of Judgment pursuant to Minnesota Statutes § 548.22, and as for such purpose, states and agrees as follows: 1. This Confession of Judgment is for a debt due and owing to the City based on the facts set forth herein. 2. The City is a Minnesota municipal corporation. 3. People Reaching Out to Other People, is a Minnesota non-profit corporation with 11 its principal place of business located in Hennepin County, Minnesota. 4. On , 2017, the City and Defendant executed the Agreement whereby the City provided Defendant $50,000.00 for rehabilitation work on certain real property owned by the Defendant and described therein. The purpose of the grant was to pay for work which would improve the conditions relating to the health, safety, and energy efficiency of the real property. 5. The Agreement provided that the Defendant would repay the $50,000.00 to the City if: (a) the subject real property was sold, transferred, or conveyed within 3 years of the date of the Agreement; (b) if the Defendant failed to use the subject real property, for any reason, within 3 years of the date of the Agreement; or (c) if the Defendant ceases operations, for any reason, within 3 years of the date of the Agreement. Upon the occurrence of any of these events Defendant promised to immediately repay $50,000.00, less amounts previously paid, and attorney's fees, to the City. 6. The Agreement also provided that: (a) a failure to cure a breach of any term or condition in the Agreement, including those set forth above in paragraph 6; (b) an incorrect or misleading representation or warranty made by the Defendant, (c) the adjudication of Defendant as bankrupt by a court of competent jurisdiction, or (d) the filing of a bankruptcy petition or general assignment for the benefit of creditors, constitutes a default of the of the Agreement. In the event of a default, the Defendant promised to immediately repay $50,000.00, less amounts previously paid, and attorney's fees, to the City. 7. Defendant states that it has reviewed this Confession with counsel, or has had the opportunity to review this Confession with counsel, and that it knowingly executes the same. 12 8. The sum of$50,000.00, less any amounts already paid by Defendant to the City under the terms of the Agreement is justly due, and Defendant hereby authorizes the entry of judgment against it for said amount and attorney's fees, and Defendant hereby confesses judgment for such amount and authorizes entry of judgment against it without further delay, and in favor of the City in said amount. 9. The Court Administrator may enter judgment in favor of the City and against Defendant without further delay. We have executed this Confession of Judgment on the dates set forth opposite our names. People Reaching Out to Other People, a Minnesota non-profit corporation Dated: , 2017 By: Janet Palmer Its: Executive Director 13 VERIFICATION STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) I, Janet Palmer, the Executive Director of People Reaching Out to Other People, being first duly sworn on oath, state that People Reaching Out to Other People is a defendant in the above-named matter, and that I have read the foregoing Confession of Judgment and know the contents thereof, that the same is true of my own knowledge, except for those things stated on information and belief and as to those things I believe them to be true. People Reaching Out to Other People By: Janet Palmer Its: Executive Director STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing Confession of Judgment was signed, verified and acknowledged before me, a Notary Public, on this day of , 2017 by Janet Palmer, the Executive Director of People Reaching Out to Other People. Notary Public 14 CITY OF EDEN PRAIRIE REHABILITATION DEFERRED GRANT PROGRAM AGREEMENT THIS AGREEMENT, made and entered into this day of , 2017, by and between The PROP Shop of Eden Prairie, a Minnesota non-profit corporation having its principal place of business at 15195 Martin Drive, Eden Prairie, Minnesota 55344 (hereinafter referred to as "Recipient"), and the City of Eden Prairie, a body corporate and politic of the State of Minnesota, having its principal office at 8080 Mitchell Road, Eden Prairie, Minnesota 55344, (hereinafter referred to as the "City"). WHEREAS, Recipient owns the property legally described on attached Exhibit A and hereinafter referred to as the "Real Property" and; WHEREAS, Recipient is a non-profit corporation that sells donated in-kind contributions to the general public, provides clothing and household items free of charge to families in financial need, and donates excess funds to other exempt organizations that assist low-income households or households suffering temporary financial hardship; and WHEREAS, the City intends through this Grant Agreement to provide Recipient with an amount not to exceed Fifty Thousand and no/100 dollars ($50,000.00) as a grant (hereinafter referred to as "the Grant") for rehabilitation work on the Real Property as described herein; and WHEREAS, Recipient and the City desire to set forth the terms under which the Grant shall be provided by City to Recipient. NOW, THEREFORE, in consideration of said Grant, the receipt and sufficiency of which is hereby acknowledged by Recipient, and in accordance with Minnesota Statutes, the parties hereto do hereby agree as follows: 1. Use of Grant Proceeds. The Grant proceeds shall be used solely to perform the rehabilitation work set forth on Exhibit B, attached hereto and incorporated herein (the "Work") on the Real Property. Said Work shall be to improve the conditions relating to health, safety, and energy efficiency of the Real Property, or provide essential accessibility improvements to the Real Property. All Work shall be subject to the City's approval. 2. Payment of Grant Proceeds. Recipient shall submit to City applications for payment and such other documentation deemed satisfactory to City in its sole discretion evidencing completion of the Work. Upon City determination that the Work for which the application has been submitted is complete, City shall disburse to the contractor(s) who completed the Work Grant Proceeds in an amount to pay for the Work, but in no event shall the total amount paid under this Agreement exceed Fifty Thousand and no/100 dollars ($50,000). No payment shall be made for Work completed after March 15, 2018. 3. Repayment of Grant Proceeds. Recipient agrees to the following repayment obligations: 3.1. If the Real Property, as identified on Exhibit A, is sold, transferred, or otherwise conveyed(whether by deed, contract for deed, or otherwise), and whether voluntary or involuntary, within three (3) years from the date of this Agreement, Recipient shall repay the principal sum of the Grant. 3.2. If the Real Property, as identified on Exhibit A, ceases for any reason to be used by Recipient within three (3) years from the date of this Agreement, Recipient shall repay the principal sum of the Grant. 3.3. If Recipient ceases operations for any reason within three (3) years after the date of this Agreement, Recipient shall repay the principal sum of the Grant. 3.4. Recipient shall give written notice to the City thirty (30) days prior to the occurrence of any of the events listed in Paragraphs 3.1 through 3.3, and repayment shall be made by Recipient immediately upon the occurrence of any of said events. 3.5. Payments shall be delivered to the office of the City, or at such other place as the City may designate. 4. Recipient's Covenants. Recipient covenants with the City that Recipient is eligible for the Grant under the following conditions: 4.1. The Real Property is owned by Recipient as of the date of the Grant, and Recipient has no present intention to rent the Real Property, or to sell, assign, or transfer Recipient's interest in the Real Property to another; and 4.2. The proceeds of the Grant will be used only for the Work described in Paragraph 1; and 4.3. Recipient has made no material misstatement of fact in connection with Recipient's application for the Grant. 5. Grant of Lien. As security for Recipient's covenant and obligation for repayment as herein provided, Recipient hereby grants, and the City shall and hereby does have, a lien on the 2 Real Property(the "Lien"),together with all hereditament and appurtenances thereto, in the full amount necessary to satisfy Recipient's repayment obligation and the cost, including reasonable attorney fees of collecting the same. 6. Events of Default. Any one of the following shall constitute an event of default: 6.1. Recipient's failure to cure a breach of any covenant, term or condition contained in this Agreement for a period of thirty (30) days after written notice, specifying the breach and requesting that it be cured, given to Recipient by the City, unless the City shall agree in writing to an extension of such time prior to its expiration. 6.2. If any representation or warranty made by Recipient herein shall prove at any time to be, in any material respect, incorrect or misleading as of the date made. 6.3. The adjudication of Recipient as bankrupt by a court of competent jurisdiction, or the entry by such a court of an order approving a petition seeking reorganization of Recipient under the federal bankruptcy laws or any other applicable law or statute of the United States of America or any State thereof; or the appointment by such a court of a trustee or receiver or receivers of Recipient or of all or any substantial part of its property upon the application of any creditor in any insolvency or bankruptcy proceeding or other creditor's suit. 6.4. The filing by Recipient of a petition in voluntary bankruptcy or the making by it of a general assignment for the benefit of creditors or the consenting by it to the appointment of a receiver or receivers of all or any substantial part of the property of Recipient; or the filing by Recipient of a petition or answer seeking reorganization under the federal bankruptcy laws or any other applicable law or statute of the United States of America or any State thereof; or the filing by Recipient of a petition to take advantage of any debtor's act. 7. City's Remedies. Whenever Recipient is in default under this Agreement, the City may exercise any one or more of the remedies below. 7.1. The City may declare the principal sum of the Grant, plus all other amounts that may be owed by Recipient to the City pursuant to this Agreement, to be immediately due and payable. Recipient hereby confesses judgment in said amount, and hereby authorizes and empowers the City to file the attached Ex. C with a court of competent jurisdiction in the event of a default as set forth herein. 7.2. The City may, in its sole discretion, foreclose on the Real Property by judicial proceedings or sell the Real Property at public auction and convey the same to the purchaser in fee simple in accordance with Minnesota Statutes, and out of the moneys arising from such sale retain all sums secured hereby, with interest and all legal costs and charges of such foreclosure and the maximum attorney fee permitted by law,which costs, charges and fees Recipient herein agrees to pay. 7.3. The City may take whatever action at law or in equity may appear necessary or appropriate to collect the principal sum of the Grant, plus all other amounts that 3 may be owed by Recipient to the City pursuant to this Agreement, or to enforce performance and observance of any obligation, agreement or covenant of Recipient under this Agreement. 7.4. No remedy herein conferred is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the City to exercise any remedy set forth in this Agreement, it shall not be necessary to give any notice, other than such notice as may be herein expressly required or required by applicable law. 8. Attorney's Fees. In the event Recipient should default under any of the provisions of this Agreement and the City should employ attorneys or incur other expenses for the collection of the amounts due hereunder or the enforcement of performance of any obligation or agreement on the part of Recipient, Recipient will on demand pay to the City the reasonable fee of such attorneys and such other expenses so incurred. 9. Agreement to Run with the Land. This Agreement shall run with the aforementioned Real Property and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, representatives, successors and assigns. Wherever used, the singular shall include the plural, and the plural shall include the singular. All covenants and agreements of Recipient shall be joint and several. 10. Severability. In the event any provision or clause of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. 11. Waiver. In the event any covenant, term or condition contained in this Agreement should be breached by either party and thereafter waived by the other party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other breach hereunder. 12. Automatic Termination. If, after three (3) years from the date of this Agreement, Recipient is not in default under any terms of this Agreement, Recipient's repayment obligations set forth herein shall terminate. 13. Notice. In addition to any notice required under applicable law to be given in another manner, any notice provided for in this Agreement shall be effective when mailed by certified mail, return receipt requested, to the address below or such other address the receiving party may designate in writing. 4 To: The City of Eden Prairie ATTN: City Manager 8080 Mitchell Road Eden Prairie, Minnesota 55344 To: Cindy Eddy Executive Director The PROP Shop of Eden Prairie 15195 Martin Drive Eden Prairie, MN 55344 14. Data Practices Act. The Recipient shall at all times abide by the Minnesota Government Data Practices Act, Minn. Stat. Section 13.01, et seq., to the extent that the Act is applicable to data and documents in the hands of the Recipient. 15. Audits. The books, records, documents, and accounting procedures and practices of the Recipient or other parties relevant to this agreement are subject to examination by the City and either Legislative Auditor or the State Auditor for a period of six years after the effective date of this Agreement. 16. Governing Law. This Agreement is deemed made within the State of Minnesota and shall be governed by and interpreted in accordance with Minnesota law. All disputes arising out of this Agreement shall be subject to the exclusive jurisdiction of the Minnesota State Courts, and exclusive venue for any such action shall be in Hennepin County, Minnesota. 17. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and merges all prior discussions between them with respect to the subject matter hereof. This Agreement may not be modified except by a written agreement dated subsequent to the date of this Agreement and signed by both parties. [Signature and notary page follows] 5 CITY OF EDEN PRAIRIE By: Nancy Tyra-Lukens, Mayor By: Rick Getschow, City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2017, by Nancy Tyra-Lukens and Rick Getschow, respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. Notary Public 6 The PROP Shop of Eden Prairie By: Cindy Eddy, Executive Director STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2017, by Cindy Eddy, the Executive Director of The PROP Shop of Eden Prairie, a Minnesota non-profit corporation, on behalf of said corporation. Notary Public This instrument was drafted by: Gregerson,Rosow,Johnson&Nilan, Ltd. 100 Washington Avenue South, Suite 1550 Minneapolis,MN 55401 (612) 338-0755 7 Exhibit A Description of the Real Property Lot 1, Block 1, Edenvale Industrial Park 9th Addition, Hennepin County, Minnesota 8 Exhibit B o Roof replacement on old building. o Light fixture updates to add lighting and replace with LED energy efficient bulbs o Garage door repair and storage improvement 9 Exhibit C Confession of Judgment 10 STATE OF MINNESOTA DISTRICT COURT COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT The City of Eden Prairie, a Minnesota Court File No: municipal corporation, Case Type: Other Contracts Plaintiff, CONFESSION OF JUDGMENT vs. The PROP Shop of Eden Prairie, a Minnesota non-profit corporation, Defendant. The undersigned, The PROP Shop of Eden Prairie, a Minnesota non-profit corporation (the "Defendant"), hereby confesses judgment in favor of the City of Eden Prairie, a Minnesota municipal corporation (the "City"), the Plaintiff in the above matter, for the sum of Fifty Thousand and 00/100 Dollars ($50,000.00), less any amounts already paid by the Defendant to the City under the terms of the Rehabilitation Deferral Grant Program Agreement (the "Agreement"), plus attorney's fees. The sum of$50,000.00, less any amounts already paid by Defendant to the City under the terms of the Agreement is justly due, and Defendant hereby authorizes the entry of judgment against it for said amount plus attorney's fees. Defendant hereby executes this Confession of Judgment pursuant to Minnesota Statutes § 548.22, and as for such purpose, states and agrees as follows: 1. This Confession of Judgment is for a debt due and owing to the City based on the facts set forth herein. 2. The City is a Minnesota municipal corporation. 3. The PROP Shop of Eden Prairie is a Minnesota non-profit corporation with its 11 principal place of business located in Hennepin County, Minnesota. 4. On , 2017, the City and Defendant executed the Agreement whereby the City provided Defendant $50,000.00 for rehabilitation work on certain real property owned by the Defendant and described therein. The purpose of the grant was to pay for work which would improve the conditions relating to the health, safety, and energy efficiency of the real property. 5. The Agreement provided that the Defendant would repay the $50,000.00 to the City if: (a) the subject real property was sold, transferred, or conveyed within 3 years of the date of the Agreement; (b) if the Defendant failed to use the subject real property, for any reason, within 3 years of the date of the Agreement; or (c) if the Defendant ceases operations, for any reason, within 3 years of the date of the Agreement. Upon the occurrence of any of these events Defendant promised to immediately repay $50,000.00, less amounts previously paid, and attorney's fees, to the City. 6. The Agreement also provided that: (a) a failure to cure a breach of any term or condition in the Agreement, including those set forth above in paragraph 6; (b) an incorrect or misleading representation or warranty made by the Defendant, (c) the adjudication of Defendant as bankrupt by a court of competent jurisdiction, or (d) the filing of a bankruptcy petition or general assignment for the benefit of creditors, constitutes a default of the of the Agreement. In the event of a default, the Defendant promised to immediately repay $50,000.00, less amounts previously paid, and attorney's fees, to the City. 7. Defendant states that it has reviewed this Confession with counsel, or has had the opportunity to review this Confession with counsel, and that it knowingly executes the same. 12 8. The sum of$50,000.00, less any amounts already paid by Defendant to the City under the terms of the Agreement is justly due, and Defendant hereby authorizes the entry of judgment against it for said amount and attorney's fees, and Defendant hereby confesses judgment for such amount and authorizes entry of judgment against it without further delay, and in favor of the City in said amount. 9. The Court Administrator may enter judgment in favor of the City and against Defendant without further delay. We have executed this Confession of Judgment on the dates set forth opposite our names. The PROP Shop of Eden Prairie, a Minnesota non-profit corporation Dated: , 2017 By: Cindy Eddy Its: Executive Director 13 VERIFICATION STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) I, Cindy Eddy, the Executive Director of The PROP Shop of Eden Prairie, being first duly sworn on oath, state that The PROP Shop of Eden Prairie is a defendant in the above-named matter, and that I have read the foregoing Confession of Judgment and know the contents thereof, that the same is true of my own knowledge, except for those things stated on information and belief and as to those things I believe them to be true. The PROP Shop of Eden Prairie By: Cindy Eddy Its: Executive Director STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing Confession of Judgment was signed, verified and acknowledged before me, a Notary Public, on this day of , 2017 by Cindy Eddy, the Executive Director of The PROP Shop of Eden Prairie. Notary Public 14 CITY OF EDEN PRAIRIE REHABILITATION DEFERRED GRANT PROGRAM AGREEMENT THIS AGREEMENT, made and entered into this day of , 2017, by and between Edendale Residence, Inc., a Minnesota non-profit corporation having its principal place of business at 16700 Main Street, Eden Prairie, Minnesota 55346 (hereinafter referred to as "Recipient"), and the City of Eden Prairie, a body corporate and politic of the State of Minnesota, having its principal office at 8080 Mitchell Road, Eden Prairie, Minnesota 55344, (hereinafter referred to as the "City"). WHEREAS, Recipient owns the property legally described on attached Exhibit A and hereinafter referred to as the "Real Property" and; WHEREAS, Recipient is a non-profit corporation that provides affordable/accessible housing for low/mod elderly, 62 years of age or older, and eligible disabled through the Department of Housing and Urban Development's Section 202/8 Program; and WHEREAS, the City intends through this Grant Agreement to provide Recipient with an amount not to exceed Fifty Thousand and no/100 dollars ($50,000.00) as a grant (hereinafter referred to as "the Grant") for rehabilitation work on the Real Property as described herein; and WHEREAS, Recipient and the City desire to set forth the terms under which the Grant shall be provided by City to Recipient. NOW, THEREFORE, in consideration of said Grant, the receipt and sufficiency of which is hereby acknowledged by Recipient, and in accordance with Minnesota Statutes, the parties hereto do hereby agree as follows: 1. Use of Grant Proceeds. The Grant proceeds shall be used solely to perform the rehabilitation work set forth on Exhibit B, attached hereto and incorporated herein, (the "Work") on the Real Property. Said Work shall be to improve the conditions relating to health, safety, and energy efficiency of the Real Property, or provide essential accessibility improvements to the Real Property. All Work shall be subject to the City's approval. 2. Payment of Grant Proceeds. Recipient shall submit to City applications for payment and such other documentation deemed satisfactory to City in its sole discretion evidencing completion of the Work. Upon City determination that the Work for which the application has been submitted is complete, City shall disburse to the contractor(s) who completed the Work Grant Proceeds in an amount to pay for the Work, but in no event shall the total amount paid under this Agreement exceed Fifty Thousand and no/100 dollars ($50,000). No payment shall be made for Work completed after March 15,2018. 3. Repayment of Grant Proceeds. Recipient agrees to the following repayment obligations: 3.1. If the Real Property, as identified on Exhibit A, is sold, transferred, or otherwise conveyed(whether by deed, contract for deed, or otherwise), and whether voluntary or involuntary, within three (3) years from the date of this Agreement, Recipient shall repay the principal sum of the Grant. 3.2. If the Real Property, as identified on Exhibit A, ceases for any reason to be used by Recipient within three (3) years from the date of this Agreement, Recipient shall repay the principal sum of the Grant. 3.3. If Recipient ceases operations for any reason within three (3) years after the date of this Agreement, Recipient shall repay the principal sum of the Grant. 3.4. Recipient shall give written notice to the City thirty (30) days prior to the occurrence of any of the events listed in Paragraphs 3.1 through 3.3, and repayment shall be made by Recipient immediately upon the occurrence of any of said events. 3.5. Payments shall be delivered to the office of the City, or at such other place as the City may designate. 4. Recipient's Covenants. Recipient covenants with the City that Recipient is eligible for the Grant under the following conditions: 4.1. The Real Property is owned by Recipient as of the date of the Grant, and Recipient has no present intention to rent the Real Property, or to sell, assign, or transfer Recipient's interest in the Real Property to another; and 4.2. The proceeds of the Grant will be used only for the Work described in Paragraph 1; and 4.3. Recipient has made no material misstatement of fact in connection with Recipient's application for the Grant. 5. Grant of Lien. As security for Recipient's covenant and obligation for repayment as herein provided, Recipient hereby grants, and the City shall and hereby does have, a lien on the Real Property(the "Lien"),together with all hereditament and appurtenances thereto, in the full amount necessary to satisfy Recipient's repayment obligation and the cost, including 2 reasonable attorney fees of collecting the same. 6. Events of Default. Any one of the following shall constitute an event of default: 6.1. Recipient's failure to cure a breach of any covenant, term or condition contained in this Agreement for a period of thirty (30) days after written notice, specifying the breach and requesting that it be cured, given to Recipient by the City, unless the City shall agree in writing to an extension of such time prior to its expiration. 6.2. If any representation or warranty made by Recipient herein shall prove at any time to be, in any material respect, incorrect or misleading as of the date made. 6.3. The adjudication of Recipient as bankrupt by a court of competent jurisdiction, or the entry by such a court of an order approving a petition seeking reorganization of Recipient under the federal bankruptcy laws or any other applicable law or statute of the United States of America or any State thereof; or the appointment by such a court of a trustee or receiver or receivers of Recipient or of all or any substantial part of its property upon the application of any creditor in any insolvency or bankruptcy proceeding or other creditor's suit. 6.4. The filing by Recipient of a petition in voluntary bankruptcy or the making by it of a general assignment for the benefit of creditors or the consenting by it to the appointment of a receiver or receivers of all or any substantial part of the property of Recipient; or the filing by Recipient of a petition or answer seeking reorganization under the federal bankruptcy laws or any other applicable law or statute of the United States of America or any State thereof; or the filing by Recipient of a petition to take advantage of any debtor's act. 7. City's Remedies. Whenever Recipient is in default under this Agreement, the City may exercise any one or more of the remedies below. 7.1. The City may declare the principal sum of the Grant, plus all other amounts that may be owed by Recipient to the City pursuant to this Agreement, to be immediately due and payable. Recipient hereby confesses judgment in said amount, and hereby authorizes and empowers the City to file the attached Ex. C with a court of competent jurisdiction in the event of a default as set forth herein. 7.2. The City may, in its sole discretion, foreclose on the Real Property by judicial proceedings or sell the Real Property at public auction and convey the same to the purchaser in fee simple in accordance with Minnesota statutes, and out of the moneys arising from such sale retain all sums secured hereby, with interest and all legal costs and charges of such foreclosure and the maximum attorney fee permitted by law,which costs, charges and fees Recipient herein agrees to pay. 7.3. The City may take whatever action at law or in equity may appear necessary or appropriate to collect the principal sum of the Grant, plus all other amounts that may be owed by Recipient to the City pursuant to this Agreement, or to enforce performance and observance of any obligation, agreement or covenant of Recipient 3 under this Agreement. 7.4. No remedy herein conferred is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the City to exercise any remedy set forth in this Agreement, it shall not be necessary to give any notice, other than such notice as may be herein expressly required or required by applicable law. 8. Attorney's Fees. In the event Recipient should default under any of the provisions of this Agreement and the City should employ attorneys or incur other expenses for the collection of the amounts due hereunder or the enforcement of performance of any obligation or agreement on the part of Recipient, Recipient will on demand pay to the City the reasonable fee of such attorneys and such other expenses so incurred. 9. Agreement to Run with the Land. This Agreement shall run with the aforementioned Real Property and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, representatives, successors and assigns. Wherever used, the singular shall include the plural, and the plural shall include the singular. All covenants and agreements of Recipient shall be joint and several. 10. Severability. In the event any provision or clause of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. 11. Waiver. In the event any covenant, term or condition contained in this Agreement should be breached by either party and thereafter waived by the other party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other breach hereunder. 12. Automatic Termination. If, after three (3) years from the date of this Agreement, Recipient is not in default under any terms of this Agreement, Recipient's repayment obligations set forth herein shall terminate. 13. Notice. In addition to any notice required under applicable law to be given in another manner, any notice provided for in this Agreement shall be effective when mailed by certified mail, return receipt requested, to the address below or such other address the receiving party may designate in writing. To: The City of Eden Prairie ATTN: City Manager 8080 Mitchell Road Eden Prairie, Minnesota 55344 4 To: Edendale Residence, Inc. 16700 Main Street Eden Prairie, MN 55346 14. Data Practices Act. The Recipient shall at all times abide by the Minnesota Government Data Practices Act, Minn. Stat. Section 13.01, et seq., to the extent that the Act is applicable to data and documents in the hands of the Recipient. 15. Audits. The books, records, documents, and accounting procedures and practices of the Recipient or other parties relevant to this agreement are subject to examination by the City and either Legislative Auditor or the State Auditor for a period of six years after the effective date of this Agreement. 16. Governing Law. This Agreement is deemed made within the State of Minnesota and shall be governed by and interpreted in accordance with Minnesota law. All disputes arising out of this Agreement shall be subject to the exclusive jurisdiction of the Minnesota State Courts, and exclusive venue for any such action shall be in Hennepin County, Minnesota. 17. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and merges all prior discussions between them with respect to the subject matter hereof. This Agreement may not be modified except by a written agreement dated subsequent to the date of this Agreement and signed by both parties. [Signature and notary page follows] 5 CITY OF EDEN PRAIRIE By: Nancy Tyra-Lukens, Mayor By: Rick Getschow, City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2017, by Nancy Tyra-Lukens and Rick Getschow, respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. Notary Public 6 Edendale Residence, Inc. By: STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2017, by , the of Edendale Residence, Inc., a Minnesota non-profit corporation, on behalf of said corporation. Notary Public This instrument was drafted by: Gregerson,Rosow,Johnson&Nilan, Ltd. 100 Washington Avenue South, Suite 1550 Minneapolis,MN 55401 (612) 338-0755 7 Exhibit A Description of the Real Property That part of the Southwest Quarter of the Southeast Quarter, Section 8, Township 116, Range 22 lying West of the center line of County Road No. 4, North of the South One-fourth of said Southwest Quarter of the Southeast Quarter and South of a line drawn from a point on the West line of said Southwest Quarter of the Southeast Quarter distant 826.31 feet North from the Southwest corner thereof to a point on the East line of said Southwest Quarter of the Southeast Quarter distant 813.12 feet North from the Southeast corner thereof which lies Westerly of a line drawn Southerly at right angles to the North line of the above described property at a point thereon distant 465.80 feet East from the West line of said Southwest Quarter of the Southeast Quarter to the center line of State Highway No. 5 and there terminating, except that part of the East 277.00 feet thereof lying South of the North 182.00 feet of the above described property. 8 Exhibit B • Mandatory elevator upgrades (fire code recall) • Upgrade kitchens with ADA improvements • Patio accessibility—add door operator 9 Exhibit C Confession of Judgment 10 STATE OF MINNESOTA DISTRICT COURT COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT The City of Eden Prairie, a Minnesota Court File No: municipal corporation, Case Type: Other Contracts Plaintiff, CONFESSION OF JUDGMENT vs. Edendale Residence, Inc., a Minnesota non- profit corporation, Defendant. The undersigned, Edendale Residence, Inc., a Minnesota non-profit corporation (the "Defendant"), hereby confesses judgment in favor of the City of Eden Prairie, a Minnesota municipal corporation (the "City"), the Plaintiff in the above matter, for the sum of Fifty Thousand and 00/100 Dollars ($50,000.00), less any amounts already paid by the Defendant to the City under the terms of the Rehabilitation Deferral Grant Program Agreement (the "Agreement"), plus attorney's fees. The sum of $50,000.00, less any amounts already paid by Defendant to the City under the terms of the Agreement is justly due, and Defendant hereby authorizes the entry of judgment against it for said amount plus attorney's fees. Defendant hereby executes this Confession of Judgment pursuant to Minnesota Statutes § 548.22, and as for such purpose, states and agrees as follows: 1. This Confession of Judgment is for a debt due and owing to the City based on the facts set forth herein. 2. The City is a Minnesota municipal corporation. 3. Edendale Residence, Inc. is a Minnesota non-profit corporation with its principal 11 place of business located in Hennepin County, Minnesota. 4. On , 2017, the City and Defendant executed the Agreement whereby the City provided Defendant $50,000.00 for rehabilitation work on certain real property owned by the Defendant and described therein. The purpose of the grant was to pay for work which would improve the conditions relating to the health, safety, and energy efficiency of the real property. 5. The Agreement provided that the Defendant would repay the $50,000.00 to the City if: (a) the subject real property was sold, transferred, or conveyed within 3 years of the date of the Agreement; (b) if the Defendant failed to use the subject real property, for any reason, within 3 years of the date of the Agreement; or (c) if the Defendant ceases operations, for any reason, within 3 years of the date of the Agreement. Upon the occurrence of any of these events Defendant promised to immediately repay $50,000.00, less amounts previously paid, and attorney's fees, to the City. 6. The Agreement also provided that: (a) a failure to cure a breach of any term or condition in the Agreement, including those set forth above in paragraph 6; (b) an incorrect or misleading representation or warranty made by the Defendant, (c) the adjudication of Defendant as bankrupt by a court of competent jurisdiction, or (d) the filing of a bankruptcy petition or general assignment for the benefit of creditors, constitutes a default of the of the Agreement. In the event of a default, the Defendant promised to immediately repay $50,000.00, less amounts previously paid, and attorney's fees, to the City. 7. Defendant states that it has reviewed this Confession with counsel, or has had the opportunity to review this Confession with counsel, and that it knowingly executes the same. 12 8. The sum of$50,000.00, less any amounts already paid by Defendant to the City under the terms of the Agreement is justly due, and Defendant hereby authorizes the entry of judgment against it for said amount and attorney's fees, and Defendant hereby confesses judgment for such amount and authorizes entry of judgment against it without further delay, and in favor of the City in said amount. 9. The Court Administrator may enter judgment in favor of the City and against Defendant without further delay. We have executed this Confession of Judgment on the dates set forth opposite our names. Edendale Residence, Inc., a Minnesota non- profit corporation Dated: , 2017 By: Its: 13 VERIFICATION STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) I, , the of Edendale Residence, Inc., being first duly sworn on oath, state that Edendale Residence, Inc. is a defendant in the above-named matter, and that I have read the foregoing Confession of Judgment and know the contents thereof, that the same is true of my own knowledge, except for those things stated on information and belief and as to those things I believe them to be true. Edendale Residence, Inc. By: Its: STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing Confession of Judgment was signed, verified and acknowledged before me, a Notary Public, on this day of , 2017 by , the of Edendale Residence, Inc. Notary Public 14 CONSENT TO CITY OF EDEN PRAIRIE REHABILITATION DEFERRED GRANT PROGRAM AGREEMENT That the undersigned is the owner of that certain mortgage dated September 1, 2006, filed in the Office of the Registrar of Titles, Hennepin County, Minnesota, on the 25th day of September, 2006, and recorded as Document No. 4308683, as assigned by that certain Assignment of Mortgage dated December 9, 2009 and filed in the Office of the Registrar of Titles, Hennepin County, Minnesota as Document No. 4721990, and as amended by that certain Modification Agreement dated December 17, 2013 and filed in the Office of the Registrar of Titles, Hennepin County, Minnesota as Document No. 5139921, and by that certain Second Modification Agreement dated May 1, 2017 and filed in the Office of the Registrar of Titles, Hennepin County, Minnesota as Document No. 5444233, covering the land described on the attached Exhibit A and other land. The undersigned for valuable consideration, does hereby consent to CITY OF EDEN PRAIRIE REHABILITATION DEFERRED GRANT PROGRAM AGREEMENT by and between the City of Eden Prairie and Edendale Residence, Inc. Berkadia Commercial Mortgage LLC, a Delaware limited liability company By Its STATE OF ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2017, by the of Berkadia Commercial Mortgage LLC, a Delaware limited liability company, on behalf of said limited liability company. Notary Public 15 CITY OF EDEN PRAIRIE REHABILITATION DEFERRED GRANT PROGRAM AGREEMENT THIS AGREEMENT, made and entered into this day of , 2017, by and between Immanuel Lutheran Church of Eden Prairie, a Minnesota non-profit corporation having its principal place of business at 16515 Luther Way, Eden Prairie, Minnesota 55346 (hereinafter referred to as "Recipient"), and the City of Eden Prairie, a body corporate and politic of the State of Minnesota, having its principal office at 8080 Mitchell Road, Eden Prairie, Minnesota 55344, (hereinafter referred to as the "City"). WHEREAS, Recipient owns the property located at 11140 Lanewood Circle, Eden Prairie, Minnesota 55344, legally described on attached Exhibit A and hereinafter referred to as the "Real Property" and; WHEREAS, Recipient is a non-profit corporation that is working in collaboration with a newly forming non-profit called Haven House of Eden Prairie to provide transitional housing for homeless or at-risk youth ages 18-24; and WHEREAS, the City intends through this Grant Agreement to provide Recipient with an amount not to exceed Fifty Thousand and no/100 dollars ($50,000.00) as a grant (hereinafter referred to as "the Grant") for rehabilitation work on the Real Property as described herein; and WHEREAS, Recipient and the City desire to set forth the terms under which the Grant shall be provided by City to Recipient. NOW, THEREFORE, in consideration of said Grant, the receipt and sufficiency of which is hereby acknowledged by Recipient, and in accordance with Minnesota Statutes, the parties hereto do hereby agree as follows: 1. Use of Grant Proceeds. The Grant proceeds shall be used solely to perform the rehabilitation work set forth on Exhibit B, attached hereto and incorporated herein, (the "Work") on the Real Property. Said Work shall be to improve the conditions relating to health, safety, and energy efficiency of the Real Property, or provide essential accessibility improvements to the Real Property. All Work shall be subject to the City's approval. 2. Payment of Grant Proceeds. Recipient shall submit to City applications for payment and such other documentation deemed satisfactory to City in its sole discretion evidencing completion of the Work. Upon City determination that the Work for which the application has been submitted is complete, City shall disburse to the contractor(s) who completed the Work Grant Proceeds in an amount to pay for the Work, but in no event shall the total amount paid under this Agreement exceed Fifty Thousand and no/100 dollars ($50,000). No payment shall be made for Work completed after March 15, 2018. 3. Repayment of Grant Proceeds. Recipient agrees to the following repayment obligations: 3.1. If the Real Property, as identified on Exhibit A, is sold, transferred, or otherwise conveyed(whether by deed, contract for deed, or otherwise), and whether voluntary or involuntary, within three (3) years from the date of this Agreement, Recipient shall repay the principal sum of the Grant. 3.2. If the Real Property, as identified on Exhibit A, ceases for any reason to be used by Recipient within three (3) years from the date of this Agreement, Recipient shall repay the principal sum of the Grant. 3.3. If Recipient ceases operations for any reason within three (3) years after the date of this Agreement, Recipient shall repay the principal sum of the Grant. 3.4. Recipient shall give written notice to the City thirty (30) days prior to the occurrence of any of the events listed in Paragraphs 3.1 through 3.3, and repayment shall be made by Recipient immediately upon the occurrence of any of said events. 3.5. Payments shall be delivered to the office of the City, or at such other place as the City may designate. 4. Recipient's Covenants. Recipient covenants with the City that Recipient is eligible for the Grant under the following conditions: 4.1. The Real Property is owned by Recipient as of the date of the Grant, and Recipient has no present intention to rent the Real Property, or to sell, assign, or transfer Recipient's interest in the Real Property to another; and 4.2. The proceeds of the Grant will be used only for the Work described in Paragraph 1; and 4.3. Recipient has made no material misstatement of fact in connection with Recipient's application for the Grant. 5. Grant of Lien. As security for Recipient's covenant and obligation for repayment as herein provided, Recipient hereby grants, and the City shall and hereby does have, a lien on the 2 Real Property(the "Lien"),together with all hereditament and appurtenances thereto, in the full amount necessary to satisfy Recipient's repayment obligation and the cost, including reasonable attorney fees of collecting the same. 6. Events of Default. Any one of the following shall constitute an event of default: 6.1. Recipient's failure to cure a breach of any covenant, term or condition contained in this Agreement for a period of thirty (30) days after written notice, specifying the breach and requesting that it be cured, given to Recipient by the City, unless the City shall agree in writing to an extension of such time prior to its expiration. 6.2. If any representation or warranty made by Recipient herein shall prove at any time to be, in any material respect, incorrect or misleading as of the date made. 6.3. The adjudication of Recipient as bankrupt by a court of competent jurisdiction, or the entry by such a court of an order approving a petition seeking reorganization of Recipient under the federal bankruptcy laws or any other applicable law or statute of the United States of America or any State thereof; or the appointment by such a court of a trustee or receiver or receivers of Recipient or of all or any substantial part of its property upon the application of any creditor in any insolvency or bankruptcy proceeding or other creditor's suit. 6.4. The filing by Recipient of a petition in voluntary bankruptcy or the making by it of a general assignment for the benefit of creditors or the consenting by it to the appointment of a receiver or receivers of all or any substantial part of the property of Recipient; or the filing by Recipient of a petition or answer seeking reorganization under the federal bankruptcy laws or any other applicable law or statute of the United States of America or any State thereof; or the filing by Recipient of a petition to take advantage of any debtor's act. 7. City's Remedies. Whenever Recipient is in default under this Agreement, the City may exercise any one or more of the remedies below. 7.1. The City may declare the principal sum of the Grant, plus all other amounts that may be owed by Recipient to the City pursuant to this Agreement, to be immediately due and payable. Recipient hereby confesses judgment in said amount, and hereby authorizes and empowers the City to file the attached Ex. C with a court of competent jurisdiction in the event of a default as set forth herein. 7.2. The City may, in its sole discretion, foreclose on the Real Property by judicial proceedings or sell the Real Property at public auction and convey the same to the purchaser in fee simple in accordance with Minnesota statutes, and out of the moneys arising from such sale retain all sums secured hereby, with interest and all legal costs and charges of such foreclosure and the maximum attorney fee permitted by law,which costs, charges and fees Recipient herein agrees to pay. 7.3. The City may take whatever action at law or in equity may appear necessary or appropriate to collect the principal sum of the Grant, plus all other amounts that 3 may be owed by Recipient to the City pursuant to this Agreement, or to enforce performance and observance of any obligation, agreement or covenant of Recipient under this Agreement. 7.4. No remedy herein conferred is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the City to exercise any remedy set forth in this Agreement, it shall not be necessary to give any notice, other than such notice as may be herein expressly required or required by applicable law. 8. Attorney's Fees. In the event Recipient should default under any of the provisions of this Agreement and the City should employ attorneys or incur other expenses for the collection of the amounts due hereunder or the enforcement of performance of any obligation or agreement on the part of Recipient, Recipient will on demand pay to the City the reasonable fee of such attorneys and such other expenses so incurred. 9. Agreement to Run with the Land. This Agreement shall run with the aforementioned Real Property and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, representatives, successors and assigns. Wherever used, the singular shall include the plural, and the plural shall include the singular. All covenants and agreements of Recipient shall be joint and several. 10. Severability. In the event any provision or clause of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. 11. Waiver. In the event any covenant, term or condition contained in this Agreement should be breached by either party and thereafter waived by the other party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other breach hereunder. 12. Automatic Termination. If, after three (3) years from the date of this Agreement, Recipient is not in default under any terms of this Agreement, Recipient's repayment obligations set forth herein shall terminate. 13. Notice. In addition to any notice required under applicable law to be given in another manner, any notice provided for in this Agreement shall be effective when mailed by certified mail, return receipt requested, to the address below or such other address the receiving party may designate in writing. To: The City of Eden Prairie ATTN: City Manager 4 8080 Mitchell Road Eden Prairie, Minnesota 55344 To: Immanuel Lutheran Church of Eden Prairie 16515 Luther Way Eden Prairie, MN 55346 14. Data Practices Act. The Recipient shall at all times abide by the Minnesota Government Data Practices Act, Minn. Stat. Section 13.01, et seq., to the extent that the Act is applicable to data and documents in the hands of the Recipient. 15. Audits. The books, records, documents, and accounting procedures and practices of the Recipient or other parties relevant to this agreement are subject to examination by the City and either Legislative Auditor or the State Auditor for a period of six years after the effective date of this Agreement. 16. Governing Law. This Agreement is deemed made within the State of Minnesota and shall be governed by and interpreted in accordance with Minnesota law. All disputes arising out of this Agreement shall be subject to the exclusive jurisdiction of the Minnesota State Courts, and exclusive venue for any such action shall be in Hennepin County, Minnesota. 17. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and merges all prior discussions between them with respect to the subject matter hereof. This Agreement may not be modified except by a written agreement dated subsequent to the date of this Agreement and signed by both parties. [Signature and notary page follows] 5 CITY OF EDEN PRAIRIE By: Nancy Tyra-Lukens, Mayor By: Rick Getschow, City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2017, by Nancy Tyra-Lukens and Rick Getschow, respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. Notary Public 6 Immanuel Lutheran Church of Eden Prairie By: STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2017, by , the of Immanuel Lutheran Church of Eden Prairie, a Minnesota non-profit corporation, on behalf of said corporation. Notary Public This instrument was drafted by: Gregerson,Rosow,Johnson&Nilan, Ltd. 100 Washington Avenue South, Suite 1550 Minneapolis,MN 55401 (612) 338-0755 7 Exhibit A Description of the Real Property Lot 2, Block 3,Northmark Addition, Hennepin County, Minnesota 8 Exhibit B o Replace HVAC system o Energy efficiency upgrades o Fire suppression system o Miscellaneous upgrades 9 Exhibit C Confession of Judgment 10 STATE OF MINNESOTA DISTRICT COURT COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT The City of Eden Prairie, a Minnesota Court File No: municipal corporation, Case Type: Other Contracts Plaintiff, CONFESSION OF JUDGMENT vs. Immanuel Lutheran Church of Eden Prairie, a Minnesota non-profit corporation, Defendant. The undersigned, Immanuel Lutheran Church of Eden Prairie, a Minnesota non-profit corporation (the "Defendant"), hereby confesses judgment in favor of the City of Eden Prairie, a Minnesota municipal corporation (the "City"), the Plaintiff in the above matter, for the sum of Fifty Thousand and 00/100 Dollars ($50,000.00), less any amounts already paid by the Defendant to the City under the terms of the Rehabilitation Deferral Grant Program Agreement (the "Agreement"), plus attorney's fees. The sum of$50,000.00, less any amounts already paid by Defendant to the City under the terms of the Agreement is justly due, and Defendant hereby authorizes the entry of judgment against it for said amount plus attorney's fees. Defendant hereby executes this Confession of Judgment pursuant to Minnesota Statutes § 548.22, and as for such purpose, states and agrees as follows: 1. This Confession of Judgment is for a debt due and owing to the City based on the facts set forth herein. 2. The City is a Minnesota municipal corporation. 3. Immanuel Lutheran Church of Eden Prairie is a Minnesota non-profit corporation 11 with its principal place of business located in Hennepin County, Minnesota. 4. On , 2017, the City and Defendant executed the Agreement whereby the City provided Defendant $50,000.00 for rehabilitation work on certain real property owned by the Defendant and described therein. The purpose of the grant was to pay for work which would improve the conditions relating to the health, safety, and energy efficiency of the real property. 5. The Agreement provided that the Defendant would repay the $50,000.00 to the City if: (a) the subject real property was sold, transferred, or conveyed within 3 years of the date of the Agreement; (b) if the Defendant failed to use the subject real property, for any reason, within 3 years of the date of the Agreement; or (c) if the Defendant ceases operations, for any reason, within 3 years of the date of the Agreement. Upon the occurrence of any of these events Defendant promised to immediately repay $50,000.00, less amounts previously paid, and attorney's fees, to the City. 6. The Agreement also provided that: (a) a failure to cure a breach of any term or condition in the Agreement, including those set forth above in paragraph 6; (b) an incorrect or misleading representation or warranty made by the Defendant, (c) the adjudication of Defendant as bankrupt by a court of competent jurisdiction, or (d) the filing of a bankruptcy petition or general assignment for the benefit of creditors, constitutes a default of the of the Agreement. In the event of a default, the Defendant promised to immediately repay $50,000.00, less amounts previously paid, and attorney's fees, to the City. 7. Defendant states that it has reviewed this Confession with counsel, or has had the opportunity to review this Confession with counsel, and that it knowingly executes the same. 12 8. The sum of$50,000.00, less any amounts already paid by Defendant to the City under the terms of the Agreement is justly due, and Defendant hereby authorizes the entry of judgment against it for said amount and attorney's fees, and Defendant hereby confesses judgment for such amount and authorizes entry of judgment against it without further delay, and in favor of the City in said amount. 9. The Court Administrator may enter judgment in favor of the City and against Defendant without further delay. We have executed this Confession of Judgment on the dates set forth opposite our names. Immanuel Lutheran Church of Eden Prairie, a Minnesota non-profit corporation Dated: , 2017 By: Its: 13 VERIFICATION STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) I, , the of Immanuel Lutheran Church of Eden Prairie, being first duly sworn on oath, state that Immanuel Lutheran Church of Eden Prairie is a defendant in the above-named matter, and that I have read the foregoing Confession of Judgment and know the contents thereof, that the same is true of my own knowledge, except for those things stated on information and belief and as to those things I believe them to be true. Immanuel Lutheran Church of Eden Prairie By: Its: STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing Confession of Judgment was signed, verified and acknowledged before me, a Notary Public, on this day of , 2017 by , the of Immanuel Lutheran Church of Eden Prairie. Notary Public 14 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar September 5, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: James DeMann, Police Chief Joint Powers Agreement with the City of VIII.G. Police Minneapolis and the City of Eden Prairie as it relates to Super Bowl 52 Requested Action Move to: Approve the agreement with the City of Minneapolis that allows for the Eden Prairie Police Department to assist the Minneapolis Police Department with Response to Super Bowl 52. Synopsis The Joint Powers Agreement is being requested from all law enforcement agencies that are providing law enforcement assistance to the Minneapolis Police Department as part of the region-wide response to Super bowl 52 and all of the associated events leading up to the event. Background Information Super Bowl 52 will be held on Feb. 4, 2018 at the U.S. Bank Stadium in downtown Minneapolis. The City of Eden Prairie will be impacted by this regional event in the preceding week at venues including, but not limited to: Winter Park, Flying Cloud Airport, area hotels and restaurants. Because of the resources needed to provide public safety staffing to venues within Eden Prairie it is anticipated that Eden Prairie Police requirement in the City of Minneapolis will be minimal. However, should our services be required there this agreement will allow for the City of Eden Prairie to be compensated for any services provided. Attachment Joint Powers Agreement COOPERATIVE AGREEMENT REGARDING PUBLIC SAFETY RELATED TO 2018 NATIONAL FOOTBALL LEAGUE SUPER BOWL SECURITY THIS INTERGOVERNMENTAL COOPERATIVE AGREEMENT REGARDING PUBLIC SAFETY AND SECURITY RELATED TO THE 2018 NATIONAL FOOTBALL LEAGUE SUPER BOWL (hereinafter referred to as the "Agreement") , is made effective , except as otherwise made operationally effective as set forth in Section 5 herein, on this 5th day of September, 2017 , by and between the CITY OF MINNEAPOLIS , MINNESOTA, a municipal corporation, (hereinafter referred to as the " City") , acting through its Police Department (hereinafter referred to as the "MPD ") and The City of Eden Prairie , an entity acting through its Eden Prairie Police Department. (hereinafter referred to as the "Provider") . City, MPD , and each Provider may be referred to individually as a "Party" or collectively as the "Parties" to this Agreement. WHEREAS , the City is the host city for the 2018 National Football League Super Bowl to be held on Sunday, February 4 , 2018 , and for related events authorized by the National Football League, most of which will take place in the City, City of St. Paul , and City of Bloomington from Friday, January 26 , 2018 , through Monday, February 5 , 2018 (hereinafter referred to collectively as the "Event") ; and WHEREAS , the MPD will be the lead law enforcement agency for those portions of the Event that occur within the City of Minneapolis (Minneapolis Events) and the St . Paul Police Department ( SPPD) and the Bloomington Police Department (BPD) will be the lead law enforcement agencies for those portions of the Event that occur within their cities, respectively ( St . Paul Events and Bloomington Events) ; and WHEREAS , a Unified Command structure (as that term is defined in Section 2 . 4 ) is needed to ensure the level of security coordination required for the Event ; and WHEREAS , the City has agreed to serve as the fiscal agent for law enforcement costs for the Event by entering into an agreement with the "Host Committee" (as that entity and agreement are referenced in Section 3 . 1 herein) for the Event; and WHEREAS , the City is in need of procuring additional law enforcement personnel to provide the public safety and security measures required for such a large and unique Event; and WHEREAS , at the request of the City, the Provider is willing to provide the services of the law enforcement personnel identified in this Agreement to the City to assist the MPD with Event security; and NOW THEREFORE , pursuant to the authority contained in Minnesota Statutes Section 471 . 59 ("Joint Exercise of Powers ") and/or Minnesota Statutes Sections 626 . 76 and 626 . 77 , and in PublicSafetyjPA ( 7 . 28 . 2017 / gpw) Page 1 consideration of the mutual covenants herein contained and the benefits that each party hereto shall derive hereby, the Parties agree as follows : 1 . PURPOSE OF THE AGREEMENT 1 . 1 The purpose of this Agreement is to set forth the terms and conditions whereby the Provider will provide the City with Licensed Peace Officers to be assigned to one or more of the Event locations identified on Exhibit A . attached hereto to assist the MPD through the use of a unified command center (as further explained in Section 2 . 4 of this Agreement) to provide law enforcement and security services (" Services") during the term of the Event . 1 . 2 Provider will exercise its best efforts to assist with Event security . The Parties acknowledge and agree that resource availability requires Provider to exercise its best judgment in prioritizing and responding to the public safety needs of its jurisdiction including, but not limited to , the Event . That prioritization decision belongs solely to Provider . The Provider may, at any time , recall the Provider ' s resources when, it is considered to be in Provider ' s best interest to do so . 1 . 3 Provider ' s resources shall be full-time , Licensed Peace Officers and each such Licensed Peace Officer must meet the following criteria as defined in Minnesota Statutes Sections 626 . 84 , Subdivision 1 (c) and 471 . 59 , Subdivision 12 , which reads : " ( 1 ) the peace officer has successfully completed professionally recognized peace officer pre- employment education which the Minnesota Board of Peace Officer Standards and Training has found comparable to Minnesota peace officer pre - employment education; and (2) the officer is duly licensed or certified by the peace officer licensing or certification authority of the state in which the officer' s appointing authority is located . " 2 . ADDITIONAL CRITERIA OF LICENSED PEACE OFFICERS ; PROVIDER SCOPE OF SERVICE 2 . 1 In addition to meeting the criteria set forth in Section 1 of this Agreement, the Provider agrees that each of the Licensed Peace Officers shall also meet the following criteria: 2 . 1 . 1 . That each Licensed Peace Officer shall by reason of experience, training, and physical fitness be deemed by the Provider of being capable of performing public safety and law enforcement duties for the Event ; and 2 2 . 1 . 2 That each Licensed Peace Officer is in good standing with the Provider . Throughout the term of this Agreement, the Provider shall promptly notify the MPD in the event that any licensed peace officer is no longer an officer in good standing with the Provider or shall recall any peace officer that is no longer in good standing ; and 2 . 1 . 3 That unless otherwise provided or requested by the MPD , each Licensed Peace Officer shall be equipped and/or supplied by Provider at Provider ' s own expense , with a seasonally appropriate patrol uniform of the day and equipment, including but not limited to service belts with Provider radio equipment, service weapon and personal soft ballistic body armor, and traffic vest . Additionally, in Provider ' s discretion, personnel may be equipped with a cell phone that may be used to download a public safety application to aid in the tracking of law enforcement personnel during operational periods if allowed pursuant to Provider ' s policy . 2 . 2 Provider acknowledges and agrees that at any time during the term of this Agreement the City has the sole discretion to decline to accept and/or use any of Provider ' s Licensed Peace Officers or other law enforcement resources without cause or explanation . 2 . 3 The Provider agrees as follows : 2 . 3 . 1As requested by MPD , Provider shall list information on each of Provider ' s Licensed Peace Officers no later than ninety (90) days before the Event that includes , but is not limited to , name , rank, agency, badge number, photo , cell phone number, and emergency contact information . Said information shall be used strictly for law enforcement purposes related to the Event and each Party will hold the data in the same classification as the other does under the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13 ("MGDPA") ; and 2 . 3 . 2 . That upon reasonable advance written notification from the MPD , each of Provider ' s Licensed Peace Officers or other law enforcement resources so designated by the MPD shall participate in training activities related to Event security, that are coordinated or conducted by the MPD or its designee ; and 2 . 3 . 3 . That each Licensed Peace Officer shall be assigned by the MPD , as determined and required by the MPD , to any Event-related assignment based on the Licensed Peace Officer ' s skill - set and known duty assignment as well as the needs of the operation; including, but not limited to , foot patrol , motorized patrol, static posts at outdoor perimeters , general security inside or outside venues, and traffic control ; and 3 2 . 3 . 4 . That Licensed Peace Officers participating in the Event may , if so determined by the MPD, be placed in an " On Assignment" status by MPD in which the Licensed Peace Officer should be physically proximate to the Event location, so as to be able to physically report in a timely manner to such duty post assigned by the MPD and prepared to undertake the specific job task or responsibility assigned by the MPD ; and 2 . 3 . 5 . That at the request of the MPD , Provider will designate personnel that participated in or provided Event security to further participate in and/or provide information to and otherwise cooperate with the MPD in any " after action activities" following the conclusion of a Training Session or actual Event security. "After action activities" may include , but not be limited to post Training Session meetings and revisions of Training protocols and post Event security meetings, evaluations , mediation or court proceedings . 2 . 4 Provider acknowledges and agrees that at all times during any required training session or during the Event each of Provider ' s Licensed Peace Officers or other law enforcement resources and employees , regardless of rank or job title held as an employee of the Provider, shall be subject to a structure of supervision, command and control coordinated through a unified law enforcement command and following unified command principles and practices established throughout the law enforcement community (herein referred to as "Unified Command") . 2 . 4 The Provider agrees to exercise reasonable efforts to cooperate and provide the City, with any other information reasonably requested by the City that the City deems necessary to facilitate and enable compliance with the terms and conditions contained in this Agreement. 2 . 5 Event staffing levels will be determined by the MPD as the lead law enforcement agency and fiscal agent, in consultation with the Unified Command, regardless of the location of the Event . Provider may increase the staffing levels at Events located within the Provider ' s jurisdiction : (a) at the sole cost of the Provider that hosts an Event ; and (b) with the knowledge that the additional Licensed Police Officers and other staff members above the staffing level approved by the MPD and Unified Command are not covered by the Policy as described in Section 9 of this Agreement. The number of Licensed Peace Officers and other law enforcement resources to be deployed within the Provider ' s jurisdiction will be communicated to the City as part of the Unified Command . Notwithstanding Section 2 . 4 , the Provider retains the sole discretion for determining what Provider Licensed Peace Officer and other law enforcement resources will be deployed in its own jurisdiction for events not included under this Agreement and remain under the Provider ' s own authority . The Provider ' s Licensed Peace Officer and 4 other law enforcement resources deployed in the Provider ' s jurisdiction and which are either included above the number of Licensed Peace Officers as determined by the Unified Command or remain under Provider ' s authority for events not included under this Agreement, will not be eligible for reimbursement of costs as provided in Section 4 . 2 of this Agreement . 2 . 6 The Provider will comply with the statutes and rules requiring the preservation of evidence including, but not limited to , Minnesota Statutes , Section 590 . 10 and Section 626 . 04 . Each Provider must preserve all handwritten notes , photographs, incident reports, video recordings , statements , audio recordings , personal notes , interview audio , text messages, cell phone videos , removable electronic media, squad car videos , any other video recordings , emails , voice mails , computer files and all Work Product, Supporting Documentation and Business Records as those terms are defined in Section 8 . 1 of this Agreement . 2 . 7 The MPD , as the lead law enforcement agency, will maintain a list of Licensed Peace Officers (LPOs) assigned to the Events . 3 CITY RESPONSIBILITIES 3 . 1 The City will be solely responsible for all communications with the Minnesota Host Committee (the "Host Committee") . The Host Committee shall be responsible for coordinating each of the events authorized by the National Football League (including St. Paul Events and Bloomington Events) and activities that occur within the term of the Event . 3 . 2 The City and the Host Committee will prepare and enter into an "Event Support and Funding Agreement for Super Bowl LII" (the " Support Agreement") . The Support Agreement will be the source of funding for the Event including the source of payment for the Services to be provided pursuant to this Joint Exercise of Powers Agreement ("Agreement") and for the policy of insurance that will pay for the defense and indemnification of claims filed against the City and each Provider during the term of the Event . 3 . 3 City agrees that it will provide or facilitate any necessary training to prepare for providing Event security . The substance of the training, if necessary; including the locations , dates , and times , shall be detailed in a separate writing provided from the MPD to the Provider. 3 . 4 The person responsible on behalf of the MPD for the daily operation, coordination and implementation of this Agreement, which responsibilities shall include , but not limited to , determining the assignments of the Provider ' s law enforcement resources , shall be Minneapolis Police Department Commander Scott Gerlicher (hereinafter referred to as the " Coordinator") . Except as otherwise provided in 5 this Agreement, all contacts or inquiries made by the Provider with regard to this Agreement shall be made directly to the Coordinator or the Coordinator ' s designee . 3 . 3 The City will develop and provide to each Provider an adequate supply of the standard incident report form to be used by the City and Providers that provide Services at the Event under the direction of the Unified Command . 3 . 4 The City will obtain from the Host Committee and provide to each Provider, the "claims procedure " as indicated in Exhibit C hereto that will be used by third party claimants who file claims against the City or against any Provider 4 . COMPENSATION AND PAYMENT PROCESS 4 . 1 The sole source of funds to reimburse each Provider performing under this Agreement shall be funds provided by the Host Committee pursuant to the Support Agreement . 4 . 2 For and in consideration of the Provider performing under this Agreement, the Provider will be reimbursed for said Services at the rates and in the manner as indicated in attached Exhibit B . All of a Provider ' s Licensed Peace Officers and other law enforcement resources that (a) perform law enforcement services within the Provider ' s jurisdiction; and (b) are subject only to the Provider ' s authority and are therefore not under the Unified Command, are not eligible to have Provider ' s costs reimbursed pursuant to this Agreement. 4 . 3 The MPD will prepare and include in Exhibit B eligibility guidelines for cost reimbursement and a check list for the preparation and submission of the reimbursement request . Exhibit B will include a "Reimbursement Payment Form [To be developed by MPD at a later date] to be completed by the Provider along with the required support documents to be attached by the Provider . The MPD shall furnish the Provider with a statement which describes all applicable hours performed by the Provider during the term of the Agreement. The Provider shall submit the Reimbursement Payment Form to the MPD for all undisputed amounts within thirty-five (35 ) days after receipt of the statement of hours . 4 . 4 Provider may submit any questions regarding the cost reimbursement process to Robin McPherson or her designee at : robin . mcpherson@minneapolismn . gov . 4 . 5 For any disputed amounts , the Provider shall provide the MPD with written notice of the dispute, including the date, amount, and reasons for dispute within fifteen 6 ( 15 ) days after receipt of the statement of hours . The MPD and Provider shall memorialize the resolution of the dispute in writing and follow the dispute resolution procedure in Section 13 of this Agreement . 5 . TERM OF AGREEMENT 5 . 1 This Agreement shall be effective as of the date indicated on the first page so that the Parties can undertake planning for all Event-related activity and shall expire on March 1 , 2018 , or the date to which law enforcement resources or Services are extended, whichever is later, unless terminated earlier in accordance with the provisions in Section 6 . Except for the provision of Training as discussed and to be scheduled pursuant to Section 3 . 3 of this Agreement, Services furnished by the Provider for the Event shall begin on January 26 , 2018 , and shall terminate on February 5 , 2018 , unless terminated sooner or extended in whole or in part as provided herein. 6 . TERMINATION 6 . 1 Termination by the City-The City may terminate this Agreement upon providing to the Provider not less than forty-five (45 ) days advance written notice for any of the reasons stated below: 6 . 1 . 1 Cancellation of Super Bowl LII ; 6 . 1 . 2 City and Host Committee fail to enter into the Support Agreement 6 . 1 . 3 Host Committee fails to purchase and provide insurance coverage as described in Section 9 . 1 of this Agreement; or 6 . 1 . 4 Failure by the Provider to perform any material term under this Agreement and failure to cure the default within the time requested by the City . 6 . 2 Termination by the Provider- The Provider may terminate this Agreement upon providing to the City not less than forty-five (45 ) days advance written notice for any of the reasons stated below : 6 . 2 . 1 Cancellation of Super Bowl LII ; 6 . 2 . 2 Without cause prior to the initial training session ; 6 . 2 . 3 City and Host Committee fail to enter into the Support Agreement; or 6 . 2 . 4 Host Committee fails to purchase and provide insurance coverage as described in Section 9 . 1 of this Agreement . 6 . 3 In the event of a termination, each Party shall fully discharge all obligations owed to the other Party accruing prior to the date of such termination, and, except as otherwise provided herein, each Party shall be released from all obligations, which would otherwise accrue subsequent to the date of termination . 7 is 7 . AGREEMENT MANAGEMENT 7 . 1 The Provider has identified the following person [s] as persons to contact only with regard to the following matters regarding the Agreement : (List names) (List responsibilities) 8 . WORK PRODUCTS , RECORDS , DISSEMINATION OF INFORMATION 8 . 1 For purposes of this Agreement, the following words and phrases shall have the meanings set forth in this section, except where the context clearly indicates that a different meaning is intended . " Work Product " shall mean any report, including incident reports , recommendation, paper, presentation, drawing, demonstration, or other materials , whether in written, electronic, or other format that are used or belong to MPD or results from Provider's Services under this Agreement. "Supporting Documentation " shall mean any surveys, questionnaires, notes , research, papers , analyses, whether in written, electronic, or in other format and other evidences used to generate any and all work performed and Work Products generated under this Agreement . "Business Records " shall mean any books , documents , papers , account records and other evidences, whether written, electronic , or in other format, belonging to MPD or Provider and pertain to work performed under this Agreement . 8 . 2 Subject to applicable law, including but not limited to the Minnesota Official Records Act, Minnesota Statutes Section 15 . 17 , and the MGDPA, all deliverable Work Product, Supporting Documentation and Business Records or copies thereof, that are needed from or result from the Provider' s Services under this Agreement shall be delivered to the City either pursuant to this Agreement or upon reasonable request of the City and shall become the property of the City after delivery . 8 . 3 The City and the Provider each agrees not to release , transmit, disclose or otherwise disseminate information associated with or generated as a result of the work performed (i . e . Work Product, Supporting Documentation and Business Records) under this Agreement without notice to the other. Except as otherwise required by and subject to federal and/or state law, neither the City nor the Provider shall release, transmit, disclose or disseminate any Work Product, 8 Supporting Documentation and Business Records which shall be classified as "security information", " security service" or "security service data" , defined under Minnesota Statutes Sections 13 . 37 and 13 . 861 or any like data, as defined and/or required in all federal , state, and local laws or ordinances , and all applicable rules , regulations , and standards . 8 . 4 In the event of termination, all Work Product, Supporting Documentation and Business Records prepared by the Provider under this Agreement shall be delivered to the City by the Provider by the termination date . 8 . 5 Both the City and the Provider agree to maintain all Business Records in such a manner as will readily conform to the terms of this Agreement and to make such materials available at its office at all reasonable times during this Agreement period and for six (6) years from the date of the final payment under the contract for audit or inspection by the City, the Provider, the Auditor of the State of Minnesota, or other duly authorized representative . 8 . 6 Both the City and the Provider agree to abide strictly by the MGDPA and, in particular, Minnesota Statutes , Sections 13 . 05 , Subd . 6 and 11 ; 13 . 37 , Subd . 1 (b) , 138 . 17 , and 15 . 17 . All of the data created, collected, received, stored, used, maintained, or disseminated by the Provider or the City in performing functions under this Agreement is subject to the requirements of the MGDPA and both the City and the Provider must comply with those requirements . If any provision of this Agreement is in conflict with the MGDPA or other Minnesota state laws , state law shall control . 9 . INSURANCE ; LIABILITY ; MUTUAL RESPONSIBILITY ; NO WAIVER OF IMMUNITIES 9 . 1 Insurance Coverage for Event-The Host Committee has purchased a law enforcement liability insurance policy (the "Policy") . The insurance canter is International Insurance Company of Hannover SE (the "Insurer") . The Policy will provide coverage for claims that each Provider becomes legally obligated to pay as damages due to "bodily injury" , "property damage " , or "personal injury" suffered by third parties . The Policy will require the insurer to have the right and duty to defend and indemnify each Provider against any claim or lawsuit due to Provider acts that occur within the territory of the Events and during the period in which the Policy is in effect . Each Provider ' s Law Enforcement Officers and supervisors under the Unified Command will be covered under the Policy by virtue of the Provider being named an "insured" under the Policy . 9 . 1 . 1 The limits of liability for all occurrences (claims) during the coverage period is $ 3 , 000 , 000 . 00 ($ 3 million) . The limit of liability for any third party claim for damage to or loss of personal property is 9 $ 25 , 000 . 9 . 1 . 2 The cost to hire and pay for legal representation to defend the City and any Provider ("defense costs") are not subject to the $ 3 million limit of the Policy. 9 . 1 . 3 The Policy is not subject to the payment of a deductible by the Host Committee, the City or by any other Provider . 9 . 1 . 3 . Each Provider agrees to be bound by the terms and conditions contained in the Policy . 9 . 1 . 4 Each Provider agrees that it will cooperate with the insurer and with the City by reasonably and timely responding to the insurer ' s request for information or to appear at meetings or judicially mandated hearings . 9 . 2 Insurance as Sole Source for Liability and Indemnity-Each Provider hereto agrees that it will only seek recovery for any liability incurred in carrying out the terms of this Agreement from the insurance to be procured by the Host Committee as set out in Section 9 . 1 of this Agreement . 9 . 2 . 1 If a Party ' s liability is not subject to recovery through the Policy, then each Party agrees that it will otherwise be responsible for its own acts and/or omissions and those of its officials , employees, representatives and agents in carrying out the terms of this Agreement, whether those acts or omissions occur within or outside of the jurisdiction or geographic limits of the City of Minneapolis , and the results thereof to the extent authorized by law and shall not be responsible for the acts and/or omissions of the other Party and the results thereof 9 . 2 . 2 In the unlikely event that the aggregate amount of any one or all claims exceeds $ 3 million, then each Party agrees that it will otherwise be responsible for its own acts and/or omissions and those of its officials , employees , representatives and agents in carrying out the terms of this Agreement, whether those acts or omissions occur within or outside the of the jurisdiction or geographic limits of the City of Minneapolis, and the results thereof to the extent authorized by law and shall not be responsible for the acts and/or omissions of the other Parties and the results thereof 9 . 3 Further Limitation On Provider Liability-It is understood and agreed that the liability of each Provider that is a municipality, county or similar political subdivision shall be limited by the provisions of Minnesota Statutes Chapter 466 (Tort Liability, Political Subdivisions) and the liability of the State of Minnesota as a Provider shall be limited by the provisions of Minnesota Statutes, Section 3 . 736 and by other applicable law. Nothing contained in this Agreement shall waive or amend, nor shall be construed to waive or amend any defense or f 10 immunity that either Party, its respective officials and employees, may have under said Chapter 466 , Section 471 . 59 subd . la, and any common-law immunity or limitation of liability, all of which are hereby reserved by the Parties that have entered into this Agreement . 9 . 4 Provider Workers ' Compensation Insurance Required-Except as expressly provided herein, each Party shall be responsible for injuries or death of its own personnel . Each Party will maintain workers ' compensation insurance or self- insurance coverage, covering its own personnel while they are providing assistance pursuant to this Agreement. Except as expressly provided herein, each Party waives the right to sue any other Party for any workers ' compensation benefits paid to its own employee or volunteer or their dependents . 9 . 5 Provider Responsible for Own Equipment-Except as expressly provided herein, each Party shall be responsible for damages to or loss of its own equipment . Except as expressly provided herein, each Party waives the right to sue any other Party for any damages to , or loss of its equipment . 9 . 6 Provider Rendering First Aid-Except for immediate first aid rendered by a Provider at the scene of an accident or occurrence, no other medical assistance , expenses or aid is covered under the Policy . 10 . INDEPENDENT CONTRACTORS . Each Provider in its relationship with the City under this Agreement is an independent contractor. No Provider, its Licensed Peace Officers or other law enforcement resources shall be considered an employee of the City . The City, its Licensed Peace Officers or other law enforcement resources shall not be considered employees of the Provider . 11 . SUBCONTRACTING The City and Provider agree that no Services will be subcontracted and agree not to enter into any subcontracts to provide any Services under this Agreement . 12 . ASSIGNMENT Neither the City nor the Provider will assign or transfer any interest in this Agreement without the consent of the other Party . 13 . DISPUTE RESOLUTION The City and the Provider each agree to cooperate and negotiate in good faith to resolve any disputes that arise regarding the terms of this Agreement and the 11 performance of the Services . If good faith negotiations fail to resolve a dispute , then the Parties will use mediation services to attempt to resolve the dispute . The City and Provider will equally share the expense of the mediator . The Parties will select a mediator by each submitting three names in rank order of preference to the other Party . If there is no common name on each Party ' s list, then a neutral , third party, law enforcement representative that is not a party to this Agreement will select a mediator for the Parties . If mediation fails to resolve a dispute between Parties , then the Parties will resolve the dispute through litigation . 14 . AUDIT OF AGREEMENT RECORDS Pursuant to Minnesota Statutes , Section 16C . 05 , both the City ' s and the Provider ' s books, records , documents, and accounting procedures and practices with respect to any matter covered by this Agreement shall be made available to the State of Minnesota Office of the State Auditor upon written notice, at any time during normal business hours , for the purpose of auditing, examining or making excerpts or transcripts of relevant data . 15 . AMENDMENT OR CHANGES TO AGREEMENT 15 . 1 Any alterations , amendments , deletions , or waivers of the provisions of this Agreement shall be valid only when reduced to writing and duly signed by the Parties hereto ; after all appropriate and necessary authority has been acquired by each such Party . 15 . 2 Modifications or additional schedules shall not be construed to adversely affect vested rights or causes of action which have accrued prior to the effective date of such amendment, modification, or supplement . The term "Agreement" as used herein shall be deemed to include any future amendments , modifications , and additional schedules made in accordance herewith . 16 . NOTICES Except as otherwise stated in this Agreement, all notice or demand to be given under this Agreement shall be delivered in person or deposited in United States Certified Mail, Return Receipt Requested . Any notices or other communications shall be addressed as follows : To City : To Provider : Scott Gerlicher Commander-Minneapolis Police Department 12 4 511 11th Avenue South Suite 401 Minneapolis, MN 55415 17 . INTERPRETATION OF AGREEMENT This Agreement shall be interpreted and construed according to the laws of the State of Minnesota. 18 . ENTIRE AGREEMENT It is understood and agreed that this entire Agreement supersedes all oral agreements and negotiations between the parties hereto relating to the subject matters herein . All items that are referenced or that are attached are incorporated and made a part of this Agreement . If there is any conflict between the terms of this Agreement and referenced or attached items , the terms of this Agreement shall prevail. The matters set forth in the "WHEREAS " clauses at the beginning of this Agreement are by this reference incorporated into and made a part of this Agreement . 19 . MISCELLANEOUS PROVISIONS 19 . 1 The Parties intend that, with respect to the defense and indemnification provisions in Section 9 hereof, this Agreement may benefit or create rights or causes of action in or on behalf of any other agency providing services for the Event under a similar but separate agreement. Except for the foregoing, the Parties intend that this Agreement will not benefit or create any right or cause of action in or on behalf of any person or entity other than the Parties . 19 . 2 The Parties shall cooperate in achieving the objectives of this Agreement pursuant to Minnesota Statutes, Sections 15 . 51 through 15 . 57 . 19 . 3 The Parties shall comply with all applicable federal , state, and local statutes , regulations , rules and ordinances currently in force or later enacted including but not limited to the MGDPA, Minnesota Statutes Section 471 . 425 , subd . 4a, and as applicable, non-discrimination and affirmative action laws and policies . 19 . 4 If any provision of this Agreement is held invalid or unenforceable , such invalidity or unenforceability will not affect any other provision, and this Agreement will be construed and enforced as if such invalid or unenforceable provision had not been included . 13 19 . 5 Failure of a Party to enforce any provision of this Agreement does not affect the rights of the Parties to enforce such provision in another circumstance . Failure to enforce a provision does not affect the rights of the Parties to enforce any other provision of the Agreement at any time IN WITNESS WHEREOF, the parties hereto are authorized signatories and have executed this Agreement, the day and year first above written. CITY OF MINNEAPOLIS STATE/CITY/COUNTY OF By : By : Its : Police Chief Its : Mayor Date : Date : Approval Recommended : Approval Recommended : By : By : Its : Assistant City Attorney Its : City Manager By : By : Its : Purchasing Department Its : 14 EXHIBIT A - Super Bowl Events Event Description Super Bowl Experience. Media Center/Radio Row Mall of America Game Day Event NFL Honors NFL Friday Night Party Tailgate Party Opening Night NFL on Location Super Bowl Live Stadium Interior Stadium Perimeter Pre- game Party AFC Team Hotel NFC Team Hotel NFL Headquarters Hotel AFC Practice Site NFC Practice Site Police Escorts Tactical Squad Bomb Technical Squad Bomb K-9s VACIS Street Patrol Downtown Extra Metro Transit Security Mobile Field Force Square Fit Team VPSO Command Post Security Staging Logistics Credentialing Dignitary Liaison Counterfeiting Human Trafficking Investigators The MPD will maintain a list of Licensed Police Officers covered by this Agreement 15 I EXHIBIT B Super Bowl Special Event Period Reimbursement Guidelines Reimbursement Period : Friday January 26th, 2018 through Monday February 5th , 2018 1 . General Reimbursement Guidelines : a . The lead law enforcement agency, Minneapolis Police Department , will serve as fiscal agent for purposes of this agreement . b . Reimbursement will be for official Super Bowl events sanctioned by the MN Host Committee and/or the NFL only, or for hours worked in direct support of the lead law enforcement agency, Minneapolis Police Department . c . All hours worked will be considered "on duty" time . d . Sending agencies are expected to place provided law enforcement officers "on assignment" for the event period and this assignment will be their normal assignment for that period . Personnel should not be expected to work the event week in addition to their normal job at their respective agency . e . Reimbursement will occur for personnel wage costs only at established straight time or overtime rates pursuant to Section 2 , Established Hourly Reimbursement Rates , in this Exhibit B . These rates are all inclusive and will not be adjusted . £ Reimbursement will occur only for hours worked consistent with official operational plans approved by the core planning team and the lead law enforcement agency, MPD . g . There will be no reimbursement for non-personnel costs, backfill , pre- event training, equipment, and other expenses including but not limited to travel costs , fuel, mileage , per diem, etc . h . Reimbursement will occur only for state, county, and local law enforcement personnel participating in official Super Bowl Event security details . i . There will be no reimbursement for participation of law enforcement command level staff including but not limited to those in the ranks of Chief, Sheriff, Assistant Chief, Deputy Chief, Colonel , Major, Sr . Commander, Captain or other law enforcement officers working in a command position and/or in an exempt payroll status . j . Generally, participating law enforcement personnel will be expected to work a ten hour shift daily during the event period (This may vary based on specific assignments) . k. For reimbursement purposes , a law enforcement officer ' s shift begins and ends when he/she checks in/out on site with the lead law enforcement agency . This will be tracked using an automated system provided by the lead law enforcement agency . 16 Law enforcement personnel will be notified of their daily and hourly schedule 30- 60 days prior to the special event period subject to any changes that may occur . There will be no reimbursement for any changes to the schedule or for any scheduled off days during this period or for off hours where personnel are not actively assigned to an official special event detail . a. Sending agencies and personnel assigned to the special event week must adhere to all lead law enforcement agency requirements in order to be eligible for reimbursement . b . Any variation from the above guidelines must be approved by the lead law enforcement agency, Minneapolis Police Department . 2 . Established Hourly Reimbursement Rates : a . All hours reimbursed under the terms of Sections 3 and 4 of this Exhibit B , below will be paid at one of the following established hourly rates . These are set rates and will not be adjusted based on specific agency hourly rates . The rates are inclusive of all costs including both payroll and fringe . i. $ 82 per hour overtime rate. ii. $ 55 per hour straight time rate. 3 . Specific Agency Reimbursement Guidelines : t a. For law enforcement personnel working in areas where they have jurisdictional authority : i . Reimbursement will occur only for overtime hours worked as a result of established/approved operational plans and hours above and beyond that of their scheduled shifts for that day with approval of incident commander. ii . Sending agencies will be reimbursed for overtime hours worked under the Joint Powers Agreement, not to exceed 60% of the total hours worked by that agency at the established overtime rate as specified in Section 2 of this Exhibit B , above . iii . Sending agencies are expected to place provided law enforcement officers ir " on assignment " for the event period and this assignment will be their normal assignment for that period. Personnel should not be expected to work the event week in addition to their normal job at their respective p agency . b . For law enforcement personnel working in areas where they do not have jurisdictional authority : i . Reimbursement will occur for all hours worked to include straight time cl and overtime at the established rates as specified in Section 2 of this Exhibit B , above however reimbursement for overtime hours worked under this Joint Powers Agreement which will not exceed 60% of the total hours worked by that agency . 17 ii . Sending agencies are expected to place provided law enforcement officers "on assignment " for the event period and this assignment will be their normal assignment for that period . Personnel should not be expected to work the event week in addition to their normal job at their respective agency. 4 . Reimbursement Process : Within 30 days after the special event period, the lead law enforcement agency, MPD will provide the sending agency with a report outlining hours worked for all personnel for that agency . a. Sending agency will review the personnel report for accuracy and outline which hours constituted straight time versus overtime and submit an invoice with support documentation to the lead law enforcement agency . b . The lead law enforcement agency will review the invoice and support documentation, and work with the sending agency on addressing any discrepancies . c . The lead law enforcement agency will issue reimbursement to the sending agency consistent with the guidelines established in this agreement within 45 days of receiving an invoice and the requested support documentation . Invoices should be sent to : MPD Chief Financial Officer C/O Robin McPherson 350 South 5th Street, Room 130 Minneapolis , MN . 55415 18 EXHIBIT C CLAIMS PROCEDURE FOR CLAIMS BROUGHT AS A RESULT OF LAW ENFORCEMENT AND SECURITY SERVICES 1 . The Host Committee and Insurer will develop a "uniform claim form (the "Form") . The Form will be approved by the insurance broker retained by the Host Committee and by the Insurer. 2 . The Host Committee will establish a committee to review each Form submitted by third parties alleging injuries or property damage due to law enforcement activities that occurred during the hvent (each completed Form a " Claim") . 3 . The committee established to conduct the preliminary review of the Claim Forms (" Claims Committee") will consist of at least the following members : (a) A Host Committee representative ; (b) A Representative of the insurance broker retained by the Host Committee ; and (c) The City of Minneapolis Risk Manager . The Claims Committee may also include other Provider representatives as determined by the three (3 ) required Claims Committee members . 4 . After making a preliminary determination as to the validity of a Claim, the Claims Committee will forward each Form to the Insurer . The Insurer will determine whether Claims are covered by the Law Enforcement Liability Policy and determine when the Policy limits have been reached and exceeded . 5 . Once the aggregate amount of Claims exceeds $ 3 million, then the Insurer will notify the Host Committee , the City and each Provider. Any further Claims brought against each Provider after the date of notification that the $ 3 million coverage limitation has been exhausted will be the sole responsibility of the Provider or Providers named in the Claim to defend and pay the amount of damages determined by a court of law. { 19 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar September 5, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Matt Bourne, Parks and Natural Amend Professional Services Agreement with VIILH. Resources Manager, Parks and WSB for Design Phase Services for Riley Lake Recreation Park Renovation Requested Action Move to: Approve Amendment to Professional Services Agreement with WSB for design phase services for Riley Lake Park renovation for an additional amount of $16,500.00. Synopsis Staff recommends amending the professional services agreement with WSB &Associates for development of design and construction documents for improvements to Riley Lake Park. The additional costs are a direct result of design changes needed in order to meet Riley Purgatory Bluff Creek Watershed District requirements. Background WSB &Associates was selected to complete a master plan and construction documents for the Riley Lake Park improvements. During the design process, it was the opinion of City staff that the installation of certain infiltration basins near the lake and picnic areas required by the RPBCWD would have a greater detrimental impact to the environment through tree loss and shoreland impacts if constructed. This required WSB to spend additional time and effort to find a solution to meet the Watershed Districts requirements while minimizing disturbance to many mature oak trees. Recommendation The proposal from WSB &Associates, with the exception of the cost for the DNR boat launch permit submittal which was part of the original scope of services, is in line with our estimate and staff recommends approval of this amendment. Attachments Second Amendment to Standard Agreement for Professional Services Contract Amendment Request Letter from WSB &Associates Second Amendment to Standard Agreement for Professional Services This Second Amendment to Standard Agreement for Professional Services (Amendment) is made on the 5th day of September, 2017, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and WSB & Associates, Inc., a Minnesota Company (hereinafter "Consultant") whose business address is 701 Xenia Avenue South, Suite 300, Minneapolis, MN 55416. WHEREAS City and Consultant entered into a Standard Agreement for Professional Services on the 16th day of August, 2016 for the work described in Exhibit A thereto; and WHEREAS City and Consultant desire to amend paragraph 3 of the Agreement relating to the Compensation to be paid to the Consultant. NOW THEREFORE THE PARTIES AGREE AS FOLLOWS: 1. Compensation for Services: Paragraph 3 is amended to state that the City agrees to pay the Consultant on an hourly basis plus expenses in a total amount not to exceed $136,375.00 for the services as described in Exhibit A. 2. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. 3. Entire Agreement. This Amendment constitutes the entire agreement between the parties with respect to the matter herein contained and all prior negotiations with respect to the subject matter herein contained are merged into and incorporated into this Amendment, and all prior documents and correspondence between the parties with respect to the subject matter herein contained (other than the Agreement) are superseded and of no further force or effect. 4. Binding. This Amendment shall be binding upon and unsure to the benefit of the parties hereto. 1 Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager WSB & Associates, Inc. By: Its: 2 A WSB Building a legacy—your legacy. 701 Xenia Avenue South Suite 300 Minneapolis,MN 55416 Tel: 763-541-4800 Fax: 763-541-1700 July 20, 2017 Mr. Matt Bourne Park and Natural Resource Manager City of Eden Prairie 15150 Technology Drive Eden Prairie, MN 55344 Re: WSB project 02127-070 Riley Lake Park Improvements, Contract Amendment Request for Additional Services related to the Watershed Approvals Mr. Bourne: As discussed at our site meeting this week and earlier conversations throughout the watershed approval process, I am sending you the following request for contract amendment.The additional work was performed to satisfy the Watershed District requirements based on the desire to 1) maximize infrastructure for public improvements, and 2) minimize tree loss along the shoreline at the request of the city. The table below provides a description of the additional work performed. Many of the items and associated fees were presented to you and verbally approved prior to proceeding with work.These are defined in the table below.The other services were provided to keep the project moving in good faith as suitable infiltration areas outside of the development area were explored and designed/redesigned to satisfy the requirements of the watershed district. Fee Description Notes: $5,500.00 Stormwater modeling and redesign for'barn'site DNR Boat Launch permit submittal (not required by DNR, but submitted for verbal/email $2,250.00 approval to avoid additional requirements of watershed district) _ approval $4,500.00 Stormwater modeling and design for the tennis court infiltration area verbal/email $2,500.00 Mobilization and groundwater soil boring for initial infiltration basins approval Mobilization &groundwater soil boring at Riley Jacques Barn infiltration verbal/email $2,000.00 basin approval verbal/email $2,000.00 Mobilization &groundwater soil boring at tennis court infiltration area approval $18,750.00 Total Requested Contract Amendment Equal Opportunity Employer wsbeng.com K:\02127-070\Admin\Contract\Riley Lake Park Contract Amendment-Watershed.docx Mr. Matt Bourne July 20, 2017 Page 2 Below is a summary of total project fees to date including the scope/fee defined in this request. Fee Description Notes $62,125.00 original contract approved amendment 1(expanded project scope and construction budget for $57,750.00 phase 1) approved $62,250.00 Construction Admin &Stormwater as-builts scope approved $18,750.00 Current Contract Amendment Request-Watershed Approvals pending $200,875.00 Total adjusted contract fee, including this amendment request note: reimbursable expenses are billed as pass-through costs in addition to fees The proposed scope and fee presented herein represents our complete understanding of the project based on available information. If you have any questions or need additional information, please contact me at (763) 231-4841. Thank you again. Sincerely, WSB&Associates, Inc. Jason L. Am berg, RLA Principal/Landscape Architecture Group Manager K:\02127-070\Admin\Contract\Riley Lake Park Contract Amendment-Watershed.docx CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar September 5, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Bill Olmschenk, Parks Rice Marsh Lake Park Parking Lot and Trail VIII.I. Construction Supervisor, Parks Rehabilitation and Recreation Requested Action Move to: Award Contract for Rehabilitation of the Parking Lot and Trails at Rice Marsh Lake Park to Bituminous Roadways, Inc. in the Amount of$25,425.00. Synopsis Requests for proposals were sought for the Rice Marsh Lake Park parking lot and trail rehabilitation. The scope of work is to mill, excavate, and dispose of the existing parking lot and trail; along with grading, compaction, and repaving approximately 1700 SY of parking lot and bituminous trail at Rice Marsh Park at 18266 Erin Bay, Eden Prairie, MN 55344. Two proposals were received. Background The scope of this project is to replace the surface of existing parking lot and 8 foot wide bituminous bike trail segments leading to the tennis court. The current surface is rough, severely degraded and in extremely poor condition. This project also coincides with the new play equipment installed earlier this year. In 2016, these trail segments ranked as being in poor condition(PCI under 70) in a citywide trail and sidewalk assessment conducted by Good Pointe Technology. These trail sections cannot be renovated using the standard surface treatment of a rock chip seal coat, and must be rebuilt to provide a safe and useable trail surface for the next 20+years. The funding for this rehabilitation project comes from the Capital Improvement Program, Park Improvement funding under the Parks and Recreation Department. The City received 2 proposals. The summary of the bids submitted is as follows: Bituminous Roadways, Inc. $25,425.00 Minnesota Roadways Co. $33,972.64 The estimate for this project,based on 2016 bid/quote information, was $30,000. Each of the submitters met the guidelines as detailed in the bid specification document. Staff recommends the contract be awarded to Bituminous Roadways, Inc. The project will begin on September 11 with completion by October 20, 2017. City staff will to restore the lawn areas disturbed by this trail work. Attachments Construction Contract Exhibit A-Bituminous Roadways, Inc. Proposal and Map 2017 06 01 Construction Contract This Contract ("Contract") is made on the 5th day of September, 2017, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Bituminous Roadways, Inc., a Minnesota company (hereinafter "Contractor")whose business address is1520 Commerce Drive, Mendota Heights, MN 55120. 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 Rice Marsh Parking Lot and Trail Rehabilitation Project 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 October 20, 2017. 3. Compensation for Services. City agrees to pay the Contractor a fixed sum of$25,425.00 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. Standard Construction Contract 2007 06 01 Page 2 of 12 6. Project Manager and Staffing. The Contractor shall designate 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. 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 12 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 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 12 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. 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. Standard Construction Contract 2007 06 01 Page 5 of 12 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. 17. 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. 18. 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. 19. 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 Standard Construction Contract 2007 06 01 Page 6 of 12 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. 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. Standard Construction Contract 2007 06 01 Page 7 of 12 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 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 Standard Construction Contract 2007 06 01 Page 8 of 12 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. 20. 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. 21. 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. 22. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the Standard Construction Contract 2007 06 01 Page 9 of 12 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 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 Standard Construction Contract 2007 06 01 Page 10 of 12 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. 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. Standard Construction Contract 2007 06 01 Page 11 of 12 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 Mayor City Manager CONTRACTOR By: Its: Standard Construction Contract 2007 06 01 Page 12 of 12 • Bituminous Inc 1520 Commerce Drive, Mendota Heights, MN 55120 Phone 651 - 686-7001 Fax 651 -687-9857 Visit us at vvvv v, bitroads .com To : CITY OF EDEN PRAIRIE Contact: BILL OLMSCHENK Address : EDEN PRAIRIE Phone : Fax : Project Name : RICE MARSH PARK Bid Number : Project Location : 18266 ERIN BAY, EDEN PRAIRIE, MN Bid Date : 7/20/2017 Attachments : Rice Marsh Park Take Off. pdf Item Description Estimated Quantity Unit BASE BID Mobilization 3 . 00 EACH - 1 Excavate Existing Bituminous Parking Lot And Trail - 1 Tolerance Grade Parking Lot And Trail - 1 Pave Parking Lot And Trail Bituminous Trail 334 . 00 SY - Excavate Existing Bituminous Surface To Accommodate A 2 . 5 Inch Pavement Section . Dispose Of Off Site . - Shape And Compact Existing Aggregate Base . - Furnish And Install A 2 . 5 " Inch ( Compacted Thickness) MN/ DOT 2360 Type SPWEA340B Bituminous Wearing Course . Bituminous Parking Lot 1 , 241 . 00 SY - Excavate Existing Bituminous Surface To Accommodate A 3 . 5 Inch Pavement Section . Dispose Of Off Site . - Shape And Compact Existing Aggregate Base . - Furnish And Install A 2 Inch (Compacted Thickness) MN/ DOT 2360 Type SPNWB330B Bituminous Base Course . - Furnish And Install A MN/DOT 2357 Bituminous Tack Coat . - Furnish And Install A 1 . 5 Inch (Compacted Thickness) MN/ DOT 2360 Type SPWEA340B Bituminous Wearing Course . Stripe Parking Lot Stalls 1 . 00 LS - Furnish And Install Parking Lot Striping For Approximately 30 Cars . Total Bid Price : $ 25 , 425 . 00 Notes : • All work to be completed in 2017 . • Noted Addn : None • Mobilizations Included : See above, Additional mobs, add $ 1 , 500 . 00/each . • Proposed Work Does Not Include : Landscape Restoration , Irrigation Repair/ Restoration, Private Utility Locates/ Repairs, Sub -soil Corrections, Erosion Control , Towing Charges, Permits and Fees, Multiple Mobilizations, Surveying or any Unforseen Conditions, Guarantee on drainage or ponding of water on lots with less than 1 % slope . • Attached plan shows the limits of work to be completed with this proposal . • This project quoted by Drew McLean , cell phone : ( 651 ) 262- 6895 . Thank you and good luck . • For more information : www . bitroads . com Payment Terms : This proposal is subject to credit approval and is valid for 15 calendar days, after which time price quotes may be withdrawn without notice . This quote is based on standard AGC subcontract language and shall become a rider to any contract . Payments due net 30 days . 8/3/2017 11 : 08 : 19 AM Page 1 of 2 I t I __•__ i • - Y - • • 1 Tr"S) . _ . ice- — -_.��_--. �.V a .�---.. . .__. r • Ne:o , €(%)\ .3,;• iittp:!lgis/CityMap(EPCityMapMainPage•aspx P - G� i Home - Prairie Pages ^I .s EPCityMap V4.2 EPCityMap == . _- Y P • Toolbar EnEti a ctyofEd ►n Praline, MN iii B♦3seMap Imagery Hybrid MapIS e • • / CJ • nAIft1E — __ s _ i I sat"... . • • • • • 6§13 :41 1 . ► . Sk i 41ir 4ti I . ) r • - r ,,may. , ' 4. . of 3:+•r >~ 41e7. j45 •fit • ♦ ` /1I , !` 1 •,,• t • 0 • - •��1 , f t; • „ IA41‘... .1 / 44: 1 • Graphic Tots _ ,A .,� �t . _ '- g -lc Buffer Toots • ell 44,4 "'•"' • MeaSUre"Too `I •,;Yt �' .; •'• , ;Ra7 �� ([►yam -St �A••••. , �N •. • r r ' 11 • '� z8 ' - , . . n�"``�\ ✓1 le 1#11144 - ` , • • • + fir•' ♦ S •�'• , • 4. •♦ • M 1 • • � ,• 1 r• } ' ! - ' - �. . . 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Easements Lying Over Outlot B, Prairie Bluff and Public Works/Engineering Drainage &Utility Easements Lying Easterly of Hennepin Town Road and Southerly of Pioneer Trail Requested Action Move to: Close the public hearing. Synopsis The Property Owner of the Prairie Bluffs Senior Living development has requested the vacation of a number of easements to facilitate the plat of Prairie Bluffs Senior Living for new building construction. Background Information One of the easements to be vacated was originally dedicated with the plat of Prairie Bluffs. The other two easements were granted to the City of Eden Prairie by document. In order to accommodate a new building on the lots, the property owners would like these underlying easements vacated and will dedicate all new drainage and utility easements with the plat of Prairie Bluffs Senior Living. The release of the resolution vacating the easements shall be conditioned on the recording new dedicated easements on the plat of Prairie Bluffs Senior Living. CenterPoint Energy filed an objection to the vacation on August 23, 2017. CenterPoint Energy states that the area to be vacated contains a gas main and service line which are important to the properties its serves. CenterPoint Energy requests that the vacation reserve an easement for their lines over all of the Vacation area being vacated. CenterPoint Energy will likely remove its objection but not in time for the public hearing. The resolution will be brought back for your consideration at the next meeting. Attachments Resolution Location Map Site Plan Published Notice Notification List August 23, 2017 CenterPoint Objection Letter CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA VACATION 17-03 RESOLUTION NO. 2017- WHEREAS, the City of Eden Prairie has certain Easements described as follows: The Drainage and Utility Easement as dedicated on the plat of Prairie Bluff over Outlot B; and the Permanent and Temporary Easements for Roadway and Utilities as granted on Abstract Document 5348091, lying over Outlot B, Prairie Bluff; and the Perpetual Drainage and Utility Easement as granted on Abstract Document 5583491 Exhibit A, Page 2 of 3, lying Easterly of Hennepin Town Road and Southerly of Pioneer Trail, all in Hennepin County, Minnesota. WHEREAS, a Public Hearing was held on September 5, 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 Easements has no relationship to the comprehensive municipal plan; and WHEREAS, it has been determined that the said Easements are not necessary and have no interest to the public, therefore, should be vacated. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows: 1. Said Easements described above are hereby vacated. 2. The City Clerk shall prepare a Notice of Completion of Proceedings in accordance with M.S.A. 412.851. 3. This Resolution is contingent upon and shall not be effective until the subdivision Prairie Bluff Senior Living has been recorded with the County Recorder/Registrar of Titles as applicable. The City Clerk shall not present the Notice of Completion of Proceedings to the County Auditor or file it with the County Recorder/Registrar of Titles until the subdivision Prairie Bluff Senior Living is recorded. ADOPTED by the Eden Prairie City Council on September 5, 2017. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk 0 TON I \\\ ERMAN p S00 104. LL ' ,� � H N. � � � ��CT � 118. DR, , w / ',op. m _..----- 1 i ' '' —I ----__ , Z .ERA . 0 {'� III, U 1.7.-7'-'<i\:/6 ---? 1 `i RANLO 0D 2 $LUF a G �i 10 7-4,,,— iCATIONfl SITE • ' C '�._ �� �c, v pif ca WA i i i � � . ° z f 1 fi'' qS RD: 'es �Ia 108. 50 Q BROOKVIEW • [1:SCi` C R. r ::LE RiDGE' n ______________A,,, , ___________ _._._._._._____ 0 , , r----- ,. 1 VAC 17-03 N LOCATION MAP VACATION EASEMENT EXHIBIT , , —OF— .� N18°10'10"E DISKMNDOT�v�V �P`,��� :� ��eo o�,, co , ____ „. . ____ „., PRAIRIE BLUFFS SENIOR LIVING / 27.72---z,- op Q 0� ^ �°ir Q 1 .., -' 1-2 "it DISK/ • ''MNDOT\ ,•• • , �� h\ ey�e< Quo /Li' i'y r I al p 3 ' / /�r7�O '�r� / i i i i t \ ' �OJ ' ���1jti,r` ' ti �Y ,. Z ^�/, ' �Ij (R/GyT "cam `` it `t/ I�1r,-, \ L'L, rn94,9 �(+� S OF 1 t� I r � ��D) �� ``\ s6o �j wAY �/o17-I ,, 1 ,/I %i // \ NOTE: PLAT OF "PRAIRIE BLUFFS SENIOR LIVING" HAS NOT BEEN RECORDED AS OF 08/17/17. = p 11 = -s hb 2 z9 o- Ao oo° ARs> , \ THIS SURVEY SHOWS CONFIGURATION OF LOTS AS PROPOSED IN SAID PLAT. __ a `� �l �o s- � s89 43'3 E L - o° 6d, k.ei;,< -2638.66- I • - /� \ Chr . g.SO 3 (i.' ti� // South line of SE1 4 of Sec. 25-- Br 3.54Cit s � �\• PK NAILS S89°43'13"E 150.48 - - 299.52 Q�„,�. W ' I - • "r NE CORNER SEC. 36, TWP. 116, RNG. 22 -1922.18- \__- . o / . .. ,�. �% ,,, , „•, „„ PK NAIL 259.39 04 1\/II\II II 1 1 ff . �,�, 'L_;`, ' a' ; r -' 6 53 E Q ,�, „ ,, \ 5 8 PIN IN CONCRETE SIDEWALK) N1/4 CORNER SEC. 36, NUM 116, (� 3 o / >27.07 \` CB=S84°07'12"E PIOI�EE i 40 rCn -l' ) -NORTH LINE OF NE1/4 OF SEC. 36 RNG. 22 (CAST IRON MONUMENT) I D -QF�� �� S23°41'08"W `� C=106.g N �, "� II N I ~' NOT T 5 , .�u,�`'�, . 107.28 9 TR,AIL; o w th S' AN 11.5 " 4."4. • R=416 (� • N IW N pN o GENT ,5� • 4= ° �5 I - o t z ° /� °05 W 14 44 45' _ PK NAIL p ° I I p,CIG W N� `'��`'� N12 =2132'15" MNDOT- — �, 47.76„ J • • N �� - • 156.69 DISK - S89 41 50 W J Vj E I II II o N N , c,;;,. , t 09 �<. � �� �� I N � o •.,.� P� o / 11\ SCALE 5° N W • '-.-. / 'Y/'-� r\ 4 %,/ ' ,/I v •\ �Q' C �r \ CO 1 PO ( \ 1 , , P \ I MNDOT r�o1 43 CU J N c�, r Tip� \JIEN -DISK °!i ( IN FEET ) \ \ `'.ti. \. 3'� O \1Y �PSF oo �-9 4 93 -�\ o ON v -�,- \ ..... �, ° �NR 4 \ `'b'�' \ • .,' 1► I'�M .O� -DISK / W • LJ- \ may .-`� ` ' •' ‘ "'��,� \` o .I \ I\ ,1 M I \ I -,�� �\ / \ �_ °� • `. N89°41'07"W 101.15 -'S9.94 �y -�pIOT TANGENT • �' Lci p ° E MX I- °may i`')' �, _ ., �=110°00'27" N°e Dls ¢ o G �o \ ° / R=20.29 'Pr \ K\ \ I W o \ -9 _ - _ : e 38.96 co �s.,��,, ��' \ $ .�' . ��/ Chrd.=33.24 1 „ I J '�^' •��- Chrd.Brg.=N89`41 07!W i ' /___ao '� II LEGAL DESCRIPTION OF PERPETUAL DRAINAGE EASEMENT TO BE VACATED: � if7 DENOTES DRAINAGE & UTILITY EASEMENT AND I-,' \ Y ` /y a ENO. LINE OF SO. 225 FEET OF N 460 0 FEET OF NE1/4 DRAINAGE EASEMENT PER DOC. 5583491. ONLY THE All perpetual drainage easements within the Southeast Quarter of the Southeast \ a O ,. 1 P ,� / I \ DRAINAGE PORTION AS SHOWN ON PAGE 2 OF Quarter of Section 25, Township 116 North, Range 22 West, Hennepin County, <`,� a / I I ° W I Minnesota, as created in document 5583491 which lies southerly of Pioneer Trail and j 0 `." , o \ \o��, EXHIBIT "A" IS PROPOSED TO BE VACATED. ? OcK i o I P lies easterly of Hennepin Town Road. s� % �P �;; o I ..- , �oO 1 c.,___., DENOTES DRAINAGE & UTILITY EASEMENT AS / LEGAL DESCRIPTION OF DRAINAGE & UTILITY EASEMENTS TO BE VACATED: 1i �.�• '��.` I w I .� .-1 - \ CREATED IN RECORD PLAT OF "PRAIRIE BLUFFS" All that part dedicated as drainage and utility easement in Outlot B, PRAIRIE BLUFF, P.K. 97.65 °•` THAT ARE PROPOSED TO BE VACATED. \ �'20 33 1 according to the recorded plat thereof, Hennepin County, Minnesota. \ N89°42'48"W �,0 5 ` -' cb rl 10 r \� -^, 360.00 y DENOTES TEMPORARY ROADWAY EASEMENT & DESCRIPTION OF EASEMENT TO BE VACATED: PERMANENT ROAD & UTILITY EASEMENT PER DOC. All easements created in document 5348091 as found in the office of the \ 0 \ :':\ ---\ 0 5348091. Hennepin County Recorder for roadway and utility purposes which lie within \ I N I ` Outlot B, PRAIRIE BLUFF, Hennepin County, Minnesota. 1 + I �O "�\ \ N -,/ - 480.0 a- \ I I N \ -\ 1 c1 1 \ - ;/ 1 ;r, LO ccooa- o / \ .,�\ - =-\ "0 \ O� 460 FEET ',I- s. " %,� gW CORNER OF N0* 1 o OF EA. 480 FEET \ \ - `i \ '- �' 1 u� 5 I MNDOT \ �o 15'gs�<e / , -EXCEPTION SOUTH LINE OF NO. 460 FEF�T OF NE1/4-� \5 °DISK 'A. , 20.04— 4 • ' N36°56 / '45"w12/ ', \ \ \ . \so s -(WEST, sso)- `� 'I• �,;� \ \ \ *2,,;,,,,,, ��,, ►1 [-- + 'S 1 , 1 -- o ` y For the purposes of this survey the North line of Section 36, Township116 North, Range 22 West has an assumed bearingof C- b M M 9 SE \ _l,a 2\ North 89 degrees 43 minutes 13 seconds West. 1 / \ o v \ I M Cr) \ T \cam �Q\ ,-- o v�o \ ` ups \1'4, / o 0 Ft, \ \ CA, \v. � - cf.) M Ass j � _ _ ` \ \�� �Z \ i ..7)\:t' o NORTH SS4 M CF�T/ S\ \ \. `..� O " \ O Denotes Found Hennepin County Section Corner I i \ O�\ . \ — i��� \ \ \ I • Denotes found iron monument DETAIL(not to scale) \ \ `•''-• \ \ %; p Denotes 1/2 inch by 14 inch iron monument set \ ``;.,;) \ v-1 I M M and marked by L.S. No. 44125. \ \ �, \ \ \ p o \ ' °O z °O ( ) Denotes Record Measurement \ \ ' ' ` \ M I \ 4,) \ \ © '.I, \ \ °ono 0 \ \ A \ -,,,,, I hereby certify that this survey, plan <'' \ \\ o o s89°52'08"E v 99.90 ,/ -�1 or report was prepared by me or under 1 -(EAST)- I �� - - - 1 (660) my direct supervision and that I am v' W °-'1\ a duly Registered Land Surveyor under DISK 83.69 MNDOT °43 22" , the laws of the State of Minnesota. \ ,-Yo N89°40'56"W DISK -(317.67, N89 W)- - ACRE LAND SURVEYING " ERIC ... I . ��, R. VICKARYOUS BLAINE, MN r� Date:Aug. 17th, 2017 Reg. No. 44125 \ // \ • ECAST IRON MONUMENT4 CORNER SEC. 36, TWP. 116, RNG. 22 i0 I1 12 13 14 13 18 17 18 1e 110 111 112 113 114 115 116 117 118 pa 120 ( ) C1\Users\eric I\❑neDrive\CAD-1D\15322-weird shaped area\dwQ\15322fp1,dwq 8/17/2017 3:01:28 PM CDT VACATION 17-03 NOTICE OF VACATION OF THE DRAINAGE AND UTILITY EASEMENT AS DEDICATED ON THE PLAT OF PRAIRIE BLUFF OVER OUTLOT B; AND THE PERMANENT AND TEMPORARY EASEMENTS FOR ROADWAY AND UTILITIES AS GRANTED ON ABSTRACT DOCUMENT 5348091, LYING OVER OUTLOT B, PRAIRIE BLUFF; AND THE PERPETUAL DRAINAGE AND UTILITY EASEMENT AS GRANTED ON ABSTRACT DOCUMENT 5583491 EXHIBIT A,PAGE 2 OF 3, LYING EASTERLY OF HENNEPIN TOWN ROAD AND SOUTHERLY OF PIONEER TRAIL ALL IN 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 September 5, 2017 at 7:00 p.m.to hear all persons present upon the proposed vacation of the easements described as follows: The drainage and utility easement as dedicated on the plat of PRAIRIE BLUFF over Outlot B; and the Permanent and temporary easements for Roadway and Utilities as granted on Abstract Document 5348091 dated November 16, 1987 and recorded on November 17, 1987 with the Hennepin County Office of the Recorder, lying over a Outlot B, PRAIRIE BLUFF; and the Perpetual Drainage and Utility Easement as granted on Abstract Document 5583491, Exhibit A, Page 2 of 3, dated October 11, 1989 and recorded on October 12, 1989 with the Hennepin County Office of the Recorder, lying easterly of Hennepin Town Road and southerly of Pioneer Trail; All in Hennepin County, Minnesota. By Order of the City Council Published in the Eden Prairie News on August 17, 2017. NOTIFICATION LIST VACATION REQUEST 17-03 A copy of the Public Hearing Notice has been sent to owners of the following parcels: 25-116-22-44-0125 36-116-22-11-0004 36-116-22-11-0008 36-116-22-11-0009 36-116-22-11-0052 36-116-22-11-0053 36-116-22-11-0054 36-116-22-11-0066 36-116-22-11-0067 36-116-22-11-0068 36-116-22-11-0069 36-116-22-11-0070 36-116-22-11-0071 36-116-22-11-0072 A copy of the Public Hearing Notice has been sent to the following Utilities: CenterPoint Energy Century Link Communications Comcast Cable Xcel Energy Cotts,rl)�oint 700 West Linden Avenue !r (� PO Box 1165 el porgy Minneapolis, MN 55440- 1165 August 23 , 2017 Denise Christensen Senior Engineering Technician City of Eden Prairie 8080 Mitchell Road Eden Prairie , MN 55344-4485 RE Vacation of Drainage and Utility Easement , PRAIRIE BLUFF , Outlot B . Dear Ms . Christensen : With reference to the proposed Vacation of Drainage and Utility mentioned above , CenterPoint Energy does have an existing natural gas distribution line in that portion of the proposed Drainage and Utility Easement vacation . CenterPoint Energy has one property off of that gas main that we are serving . The distribution gas main running in the Drainage and Utility easement is a size 3" Class 6 ( 50psig ) and the gas service is a 1 % Class 6 ( 50 psig ) . Since this gas main and service line is an important part of the properties it' s serving we must object to this proposed Drainage and Utility vacation unless suitable easement rights are reserved to CenterPoint Energy , pursuant to MnSta 160 . 29 & MnRule 7819 . 3200 . Please reserve an easement to CenterPoint Energy , created by and within the document establishing the Drainage and Utility vacation and filed with the Dakota County Recorders office , over the following area of the proposed Drainage and Utility vacation : Easement over all of Vacation area being vacated in OutLot A per document 5583491 . We may consider removing our objection should the petitioner wish to reimburse CenterPoint Energy the cost of relocating the existing gas service lines . To discuss this and other options that may be available , please have the petitioner contact Andrew Balgobin , Administrative Engineer at 612-321 -5426 . Thank you for the advance notice and please send me a copy of the final action on this proposed vacation . Respectfully , CENTERPOINT ENERGY 4obet- am Chuck Mayers , SRWA Right of Way Agent III charle . mayers@centerPointenergy. com PC : Kevin J . Busscher, C&M Supervisor, CenterPoint Energy Robed A. Meyers , C&M Advance Foreperson , CenterPoint Energy Travis Denzel , Area Engineer, CenterPoint Energy Andrew Balgobin , Administration Engineer, CenterPoint Energy ' )://./11:. . .:!: ' 1 . ' .AP `. IC EER- RC A17571996 6° STL CL-6 ~ J shismassealwaemiewaisiessewavaima i .'1 M"...." • • '`" « e 4. � ; a : IS >" "" w .,reps,,,_, ` M 9 fM,•,�y._ \:..• 'ram W II . }'441, /t . .... fir. S. 'o,. i..•, `J'�`1 hRee••..a y, rev.-r:ea'T'C.vx9.Y�t�Y.�"S • :•t�Y eao+ia�y� ftu:.�rxprrraaxr!.v. A ifas fi IA DY� C REST I a tor---4--,252" \.. i ECL � (21 [1 ' SCL CD5 0.1......11.1111111 )1 3 • \ \ 'el. . • 9974 �' I / . il / i / 4 ® ti ® c90 1 1 CD • i 3. ) ,, 10252 T IlLJ ® . 18' / ilk )2 s� I.10264 ® • • . 9 • 0 V Y \`.� l\ ' •1• } CI, Art �.` • • /rQ-v() p, �� sseed 8 7 Alf , ?WI n! EDEN PRAIRIE LIVE • WORK • DREAM August 17, 2017 OFC 952 949 8300 FAX 952 949 8390 TDD 952 949 8399 UTILITY COMPANY NOTIFICATION 8080 Mitchell Rd CENTERPOINT ENERGY Eden Prairie, MN ATTN : ANDREW BALGOBIN 55344-4485 700 WEST LINDEN AVE edenprairie.org MINNEAPOLIS , MN 55403 RE : Vacation of Drainage and Utility Easements There has been a request by the Property Owners of the proposed Prairie Bluff Senior Living development, located south of Pioneer Trail and east of Hennepin Town Road, to vacate parts of Drainage and Utility Easements over their property. These easements are dedicated on the plat of PRAIRIE BLUFFS, Outlot B , as well as those granted over the lots on two other recorded documents. There will be a public hearing in front of the Eden Prairie City Council and the City is required to notify all adjacent property owners of the upcoming hearing. Included with this letter is a copy of the public notice, location map and site plan. If you have any questions, please call me at 952-949-8318 . ou, (LAI-- 91:ty, Denise Christensen Senior Engineering Technician Enclosures ) VACATION EASEMENT EXHIBIT ~OF— Wroro . : ... PRAIRIE BLUFFS SENIOR LIVING ' �' 'D,1D„E a� 6. r �� �� _••- _ I t % e�'dr moo,.•`. /'` ;` t?C: ^ _ g1712e"b� C� rery.� ,. _ 1. r>r�Ho s os a: r NOTEPIATOF"PRAIRIE BLUFFS SENIOR WIN6"HAS NOT BEEN RECORDED ASOF08/11/11. i r�ODtAry—�' � ,s6.S»sss, ��. r��'' ( d 09 aJ rPU �tl;.)j 58a•4J•lrC ` i THIS SURVEY SHOWS CONFIGURATION OF LOTS AS PROPOSED IN SAID PLAT. \ cry ,.,r _ Pease_ �� • �%�/ /,,y s ,r \ ' south line of s[1/4 et see 2'r. �p'nt&a..�.or7a JEq[\ '`.."' , / � ap'gr1. �' • \ S _ ( —4i- — — — — i a- u .� p / J — — — ,y�Pg Na r SR9'43'13"C I. 0.45 - ne.e> ` + % NC CORNER me. x TAP. va sxa n -lOYl.le- y Da..z> .ar_' N IT 1.I4;f r�- 7 :•(�r :)� y •••d .;- ' xxr,u t� >sv ° °4^6'aJ' Y \ I \, PIN DOT I A : 1 2 r125 I _ \ (>sa N'wl "i (VC PM M C°NatLit SDLWNJt) xIH wnxw zc. sa Tsr, nor (1 - :$ /.rl>or N. \ -'tub79Ye PIO�`I'+i _-a._'1 \-NORTH UNE OF NE1/4 OF SEC. 36 flM0. u (CAST as uavuprl) I ,. D vS•o•on .4.,.. , 2; n . V IN ) ��'"or r �^,`c"`., Diol�91�° TRAIL: 2 :4 tY. 0. s R.e�o. 5 r � ¢�wN • 2 -5- i Axaa'> � � , to .pis' Ierxra ^ lippil ! C •� ,. j U • `� %t'Y� lit-' K 1 6D s' ggf°T__��l ssr. SO'w ...2. LA" y II d ` I( 11 :,WN 5.11 41 : / • 1 D 1 >� N � 1`y_^D.x ,,41 '�r• e• k. ,� �4� � t C 11- — 1 N ,o\ ,.L ���fit AT -nn�r°T C'{°2D'A3" N` d `^ ( w Peer ) \ \ v \ tTA u�rl Dv'0. pa 9'�))4 93 Q�p 'JI \' `• o1a+'1MiA Q,Cit n +1`--�- " A0�4___..to.w•'_-----__'s'G�`�eF' ___•. NORTH \ r •} • ,• \'\. %\ � : ey!°le 2' — - // s • \ %a• ':% \ �•` ' , �, . ie We'q'a7''I lal• .la .s59,94� / W - ^f.6 .\ , en 7Axo0a I � \p ' '- _._ ' o . i NOK"l42'24"P, / \ �?'4Y� i dye\ \ I .� •` •K fl la.7aC2TI K�NJ y °a.�ar 11 \ .PJ'•..: '!y, \ �.• bb yaa.3s.'!. ' G $ ,. •\ firer .era•-xao!sro7f w 11 /` 'e•'1 �_ LEGAL DESCRIPTION OF PERPETUAL DRAINAGE EASEMENT TO BE VACATED: \ T Y T �� DENOTES DRAINAGE Si UTUN EASEMENT AND All a Drool droino - -• \ • -�. Lott or °b. n9 MI or x0. .bo fen ;n/a ` f DRAINAGE EASEMENT PER DOC. 5583491. ONLY THE p rD Oa eoeemenb within the Southeast Ouart-e of the Southwsl \ !! �O q•� �^ / I 1 xi 1 1 / DRAINAGE PORTION AS SHOWN ON PACE 2 OF Ouortor of Section 25. Township 116 NorU, Range 22 West. Hennepin County, \ G� 1 17 % l yY I Minnesota, ao created In document 5583491 which Ilea southerly of Pioneer Trott and ' .., � � 1 1 v>: 'EXHIBIT *Al. IS PROPOSED TO BE VACATED. r d - rt C •. ,,Lt 4 Ilea easterly of Hennepin Torr, Rood. / :•. r7 �O^/i I g 1 " l -ST ;�e°' 1 DENO7ES DRAINAGE & UTILITY EASEMENT AS LEGAL DESCRIPTION CC DRAINAGE & uTUTY EASEMENTS TO BE VACATED: \ ...• -./ •� �fv� �i•' •T . I 11'" ` a ........ 1 CREATED IN RECORD PLAT OF "PRAIRIE BLUFFS' All that part dedicated as dralnoge and utility easement In Outlet B, PRAIRIE BLUFF, \ PX. 97.f>5 r vu.>s ) C 9s1 •" \ \ THAT ARE PROPOSED TO BE VACATED. occordinq to the recorded plot thereof, Hennepin County, Minnesota. NR9°42'4R"W % I 1 ., • \ �\ 3. \ \ 1�\\\ DENOTES TEMPORARY ROADWAY CASEMENT & DESCRIPTION OF In TO 8E VACATED:34609 ... I I"--_-� I 1 ,r 1 x°oo- C�q PERMANENT ROAD & UTIUTY EASEMENT PER DOC. MI easements created in document 5348091 as found In the office of the - 'C 5348091. Hennepin County Recorder for roadway and utility purposes which Re within \ I I ry 1 C'1 xo Outot B, PRAIRIE BLUFF. Hennepin County. Minnesota. ,rF ti____—_ _ �6^` '• 1 't \ = I �s J \ tn leiI .SW r.Lil' rL E or I ::II \ \ ,�. \ y' f�- 'Woor \ \\� -a' \ f raoa• r"\ -E1(C4POON •souw Der d NO. .eor L xn/.4` osf — - `,_ -^\lr L S .�_ -L� 26.04 t— — — — — L — — I , N36°56'45"WwJya.- \ \ \ \b'�',. \ -Mr. ew)— \ ` C� \ ) •• 6:6 If For the Durp000s of this' survey the North line of Section 36, Of• cj 1+ m Township 116 North. Range 22 West has an assumed boating of A \ \ 4 a /- Cs ro \ \ f m. North 89 degree's 43 minute° 13 aocondo West. ....• \ en ille _ �/ 'r / \ \ \ ��J� kGA GtA1 vs km) M IR F /\ \ ' 3 cFOb a, b6 kOc%A . \ ror" ON Fe Denote. Found Hennepin County Section Corner I 'r J r :•:;, \ \ C • Denotes found 'Iron monument DETAd(net to Pod') \ \ :, J\ \ i i m Denoted 1/2 Inch by 14 Inch Iron monument set \ \ ,,,•\%'.' \ \ \ "'� f rn £'m'I and marked by LS. No. 44125. \ r \ �,., \ v 1 E. = Pn ( ) Denote. Record Measurement \ '\ IP. \ \ W / Q I \ � \ \ \ II CO el I hereby certify that thle survey, plan I \ ot-- - -,- - \ ' , No) /" or report woo prepared by me or under ` -(EAST)- ♦ e o s N — I \ my direct eupervlolon and that I am - 4�- t - _ an Yt�at S•oo.ap a duly Regletered Land Surveyor under •-- tp'Dax° R3.6C otar t -(3t7.67, taN•43T12SV)- I the Iowa of the State of Minneeoto. NR9°40'_6"W ACRE LAND SURVEYING —ri: ERIC R. NCNAR'i0U5 � ' BLAINE, MN " Date:Aua, 17th 2017 Rep, Na. 44125 \ oft *I use, rw•. nor. flue zz r 1 •• r r - e r . r l- r• r rI r r n r f• n r • . • d (CAST IRON wsxudh . C1\Users\*rim I\OncDrlvc\CAD-1D\15322-weird shamed area\dwa\15322fot.dwa 9/17/2017 3101129 PM CDT #.41SHERMANN1 OO, 1 Q4 . �'AC �� ' !y s , : . U LN . 1 Y QR. 1 ? CT . z 118 . ! 1 )� H 0 % D C 1 Fir I QR . NFF,p W l f s .. \\\E-- =- rR m l j I 43 Q AEZR� �L r I /1.m-.cS-C--- "--.) . J wci 1 6 1 eel 3 ' l-RAN LO fn " be)i `RQ 2 4' 1 { y]/G _I3LUF` ' ai , I , I @ •p .ix 47 S J '� SITE , �i C ATION ; r l) ��c '�'N Co��o ,, (wg ii cy 0 •• `! tip ! ,11 oft 1 1--`1c3SO4/0 eROOKvEw i CIR. �` ( LE RIDGE RQ' I; L. 1 , ; is— / \l/ 1 7r- -- /\ VAC 17 -03 LOCATION MAP VACATION 17-03 NOTICE OF VACATION OF THE DRAINAGE AND UTILITY EASEMENT AS DEDICATED ON THE PLAT OF PRAIRIE BLUFF OVER OUTLOT B; AND THE PERMANENT AND TEMPORARY EASEMENTS FOR ROADWAY AND UTILITIES AS GRANTED ON ABSTRACT DOCUMENT 5348091 , LYING OVER OUTLOT B, PRAIRIE BLUFF; AND THE PERPETUAL DRAINAGE AND UTILITY EASEMENT AS GRAN 1'ED ON ABSTRACT DOCUMENT 5583491 EXHIBIT A, PAGE 2 OF 3 , LYING EASTERLY OF HENNEPIN TOWN ROAD AND SOUTHERLY OF PIONEER TRAIL ALL IN 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 September 5, 2017 at 7: 00 p.m. to hear all persons present upon the proposed vacation of the easements described as follows : The drainage and utility easement as dedicated on the plat of PRAIRIE BLUFF over Outlot B; and the Permanent and temporary easements for Roadway and Utilities as granted on Abstract Document 5348091 dated November 16, 1987 and recorded .on November 17, 1987 with the Hennepin County Office of the Recorder, lying over a Outlot B, PRAIRIE BLUFF; and the Perpetual Drainage and Utility Easement as granted on Abstract Document 5583491 , Exhibit A, Page 2 of 3 , dated October 11 , 1989 and recorded on October 12, 1989 with the Hennepin County Office of the Recorder, lying easterly of Hennepin Town Road and southerly of Pioneer Trail; All in Hennepin County, Minnesota. By Order of the City Council Published in the Eden Prairie News on August 17, 2017. CITY COUNCIL AGENDA DATE: SECTION: Public Hearings September 5, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development/Planning Eden Prairie Assembly of God Church IX.B. Janet Jeremiah/Angie Perera Requested Action Move to: • Close the Public Hearing; and • Approve 1st Reading of the Ordinance for Planned Unit Development District Review on 10.06 acres; and • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. Synopsis The property is located at 16591 Duck Lake Trail, on the northeast side of Duck Lake and west of Eden Prairie Road. The property 10.06 acres in size. The existing church building and site conditions were approved in 1979 through a Site Plan, a PUD and a variance that allowed the existing site and building design including the use of wood and stucco exterior building materials. Background The existing building is 22,292 square feet and the proposed project includes the construction of a 12,423 square foot, one and two story addition and a 4,270 square foot remodel of the main and lower level of the existing building. The total gross square footage after the remodel and addition will be 34,715 on two levels. The proposed addition includes eight classrooms of various sizes for education use on Sunday mornings and weekday evenings during regular worship hours and times. The addition also includes an expansion of the lobby space to allow for additional gathering space before and after worship, to provide improved circulation to the lower level, the addition of restrooms on the lower level and an identifiable main entry into the building. The existing building and site are consistent with Site Plan and PUD approvals as originally approved in 1979. The addition proposed with this application also complies with City Code regulations. Planning Commission Recommendation The Planning Commission voted 5-1 at their meeting on August 14, 2017 to recommend approval of the request. During the Planning Commission discussion, several design issues were noted and the applicant has addressed in the revised plans stamp dated 8/22/17. Revised items include the following: • Revised sidewalk location to save an existing twenty inch maple tree; • Relocation of bike rack to further promote accessibility; • Landscape plan adjustments to provide additional color and interest on the north side of the building and to soften the appearance of the proposed retaining walls; • Parking stall adjustments to comply with ADA requirements; • Revisions to the infiltration basin consistent with previous comments by the Engineering Division. The 120-Day Review Period Expires on November 4, 2017. Attachments Ordinance Staff Report Location Map Land Use Map Zoning Map Aerial photo Planning Commission Minutes EDEN PRAIRIE ASSEMBLY OF GOD CHURCH CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2017-PUD- -2017 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,AMENDING CERTAIN LAND WITHIN A ZONING DISTRICT,AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT,AND,ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be amended within the Zoning District_-2017-PUD-_-2017 (hereinafter "PUD-_-2017- ) Section 3. 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 is feasible as a complete unit without dependence upon any subsequent unit. Section 4. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of , 2017, entered into between , 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 5. The proposal is hereby adopted and the land shall be, and hereby is amended within the District and shall be included hereafter in the Planned Unit Development -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 5th day of September, 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 PUD Legal Description — Those parts of Government Lot 5 and the Northeast Quarter of the Southeast Quarter of Section 5, Township 116, Range 22, described as follows: Commencing at a point on the North line of said Government Lot 5 midway between the Northeast and Northwest comers of said Government Lot 5; thence South along a mean line between the East and West lines of said Government Lot 5; to its intersection with the South line of said Government Lot 5, said intersection being the actual point of beginning; thence North along said mean line to the center of Duck Lake Trail; thence Easterly along said center line and its extension to the center line of Hennepin County State Aid Highway No. 4, as shown on the plat of Hennepin State Aid Highway No. 4, Plat 3; thence Southerly along the last mentioned center line to the South line of said Northeast Quarter of the Southeast Quarter; thence West along the last mentioned South line and along the South line of said Government Lot 5 to the actual point of beginning, according to the United States Government Survey thereof and situate in Hennepin County, Minnesota. Subject to the extent that a fence may encroach along the Westerly boundary, it is maintained as a matter of right for as long as said fence shall exist. Subject to an easement for Hennepin County State Aid Highway No. 4 Plat 3 as recorded in Book 70 of Hennepin County Records,page 3826065. Torrens Property Being registered land as is evidenced by Certificate of Title No. 1010569. 16591 Duck Lake Trail Eden Prairie, MN 55346 STAFF REPORT TO: Planning Commission FROM: Angie Perera, Planner I DATE: August 14, 2017 SUBJECT: Eden Prairie Assembly of God Church LOCATION: 16591 Duck Lake Trail APPLICANT: Station 19 Architects OWNER: Eden Prairie Assembly of God 120 DAY REVIEW: November 4, 2017 REQUEST: 1. Planned Unit Development Amendment on 10.06 acres 2. Site Plan Review on 10.06 acres BACKGROUND The property is located at 16591 Duck Lake Trail, on the northeast side of Duck Lake and west of Eden Prairie Road.The property 10.06 acres in size.The existing church building and site conditions were approved in 1979 through a Site Plan, a PUD and a variance that allowed the existing site and building design including the use of wood and stucco exterior building materials. The property is zoned as Public and the land use is guided as Church/Cemetery. The existing and proposed use of the property as a church conforms with both the zoning and guided land use designations. The surrounding properties are primarily guided R1-13.5 Single-Family Residential. One parcel north of the site is guided Public and includes a city park. Surrounding properties are zoned Rural, R1-9.5 and R1-13.5 Single-Family Residential, and Public. SITE PLAN & PUD AMENDMENT The existing building is 22,292 square feet and the proposed project includes the construction of a 12,423 square foot, one and two story addition and a 4,270 square foot remodel of the main and lower level of the existing building. The total gross square footage after the remodel and addition will be 34,715 on two levels. The proposed addition includes eight classrooms(three on the lower level and five on the main level) of various sizes for education use on Sunday mornings and weekday evenings during regular worship hours and times. The addition also includes an expansion of the lobby space to allow for additional gathering space before and after worship, to provide improved circulation to the lower level, the Staff Report—Eden Prairie Assembly of God Church August 11, 2017 addition of restrooms on the lower level(three individual restrooms for the smaller classrooms),and an identifiable main entry into the building. The existing building and site are consistent with Site Plan and PUD approvals as originally approved in 1979. The addition proposed with this application also complies with City Code regulations. ARCHITECTURAL STANDARDS The proposed addition meets the requirements for Class I and Class II exterior materials per façade. The proposed building materials include a variety of textures and colors that will be provided on a sample board that will be available for viewing at the Planning Commission meeting. Screening of the rooftop mechanical will be consistent with City Code requirements. The project also includes variation in vertical offset (cornice line), variations in roof pitch (vaulted roof at the lobby), and building articulations in depth of the building facade.The height of the proposed addition is 27 feet, which will comply with the maximum height requirements of the City Code. GRADING/DRAINAGE & UTILITIES Runoff from the parking lot currently sheet drains to the southeast corner of the parking lot where it then drains into a grassed swale that drains down towards Eden Prairie Rd and then finally north to a culvert at the southwest corner of Eden Prairie Rd and Duck Lake Trail. This project proposes that part of the upland adjacent to the parking lot will need to be graded for an infiltration basin that will be located in the southeast corner of the site.The remaining grassed swale along Eden Prairie Rd will remain and provide additional filtering/treatment of the runoff.The proposed grading plan minimizes the disturbed areas and preserves the natural vegetation along the westerly and southerly boundaries. Utility connections to water and sanitary sewer will be constructed privately and will occur on the north side of the site. The applicant has indicated that access to South Manor Road (which is the primary access to the residential neighborhood north of the church)will be maintained at all times during the installation of the utilities. Request for early release of permits The applicant has submitted a request for consideration to allow early release of Land Alteration and Footing and Foundation Permits. The applicant has expressed that they would like to get utilities installed before November 1,2017, since most asphalt businesses close in the fall.They would also like to get footings and foundations installed before the ground freezes.Early release of these permits would help facilitate the construction of the project in a timely manner. LANDSCAPE PLAN The proposed project will require the removal of six existing trees onsite to help facilitate the installation of a new concrete sidewalk and to accommodate the building addition. No tree replacement is required with this application since the proposed removals of Significant and Heritage 2 Staff Report—Eden Prairie Assembly of God Church August 11, 2017 Trees will be less than 10%. The application does include a landscaping plan, which includes the addition of trees and shrubs on the north, and east sides of the addition, which will exceed the landscape and screening requirements of the City Code. PARKING& ACCESS The access to the property is from Duck Lake Trail,on the north side of the site.The existing parking lot is screened from the abutting residential zones with existing landscape on the north, west, and south sides of the site. The site plan includes 187 parking spaces including 11 accessible spaces, meeting City Code requirements. The church has indicated that it will typically have a couple of large,special events per year where in the past it has rented the high school parking areas to provide additional or overflow parking. The existing parking lot design and trash enclosure are non-conforming with the City Code due to recent City Code amendments related to Design Standards. Expansion or improvements of the parking lot is not being proposed at this time but it is anticipated to occur during a potential future expansion of the worship center. Staff is recommending that language be included within the Development Agreement to address the timing and an implementation plan for non-conforming items with future projects. SIDEWALKS & TRAILS There is an existing trail on the east side of the property along Eden Prairie Road. The church will file an easement for the portion of the bituminous trail that was constructed the west side of Duck Lake Trail,in the northeast corner of their property.The site plan also includes the addition of a six- foot concrete sidewalk along the north side of the building and the addition of two bike racks (that can accommodate up to 24 bikes). A four-foot wide concrete sidewalk will also be included on the north side of the site which will extend to Duck Lake Trail, and another four-foot wide concrete sidewalk will be added to the south site of the building, connecting to the sidewalk along the front (west side)of the building.The addition of the new sidewalks will provide pedestrian connectivity to the site. LIGHTING Existing site lighting is proposed to remain the same. New lighting is proposed on the exterior walls of the building at egress doors to comply with code requirements. SIGNS The application includes the addition of wall signage on the exterior of the building.All new signage will require review and approval of a sign permit in compliance with regulations of the City Code. NEIGHBORHOOD MEETING The applicant has indicated that a neighborhood meeting was held on May 11, 2017. One resident attended the neighborhood meeting and had general questions related to the project. Pastor Perrin 3 Staff Report—Eden Prairie Assembly of God Church August 11, 2017 also sent a follow-up letter dated 7/7/17 to neighborhood residents.The letter provided an update on the status of the church's application and explained how the project has been scaled back due to associated costs that were unknown at the time of original neighborhood meeting that was held in May. STAFF RECOMMENDATION Consideration for early release of Land Alteration, Footing, and Foundation Permits and Recommend approval of the following request: 1) Planned Unit Development Amendment Review on 10.06 acres 2) Site Plan Review on 10.06 acres This is based on plans dated August 4, 2017 that were prepared by Station 19 Architects, and upon the following conditions: 1) The Development Agreement shall include language to address non-conforming performance standards such as but not limited to the existing parking lot design and the existing trash/recycling enclosure. The property owner shall provide an implementation plan to address the non-conformities at such time future site and/or building improvements are proposed. 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 Land Alteration Permit issuance, the proponent shall: A. Submit detailed storm water runoff, wetland,utility, street 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 separate landscape plan, landscape agreement and surety equivalent to 150% of the cost of the landscaping. B. Provide an easement and agreement to the City Engineer for review and approval for the portion of the trail located in the northeast corner of the property as depicted on the Site Plan application. 4 Location Map: Assembly of God Church Address: 16591 Duck Lake Trail Eden Prairie, MN 55347 1111 7 W V% MI — i AW‘ IL-V ____f III NI M ,����I\\ 41w a \ S Manor Rd PA ,, , Adret Ctl . ____— -----. 1 . Duck Lake Trail ' I . Terracewood Dr Sunburst Dr _ '. R 9 . Y iC,_ -_ \ ____ _ , I ________ , Eden Prairie Rd l 7/ - "imusawr /AM IMIII)- W r- _t_j_Ng 1 Baywood Ln J/ IF ir ��, �; pr Baywood Ln 4)/ * AI - - , r, iir4ligrr At a IOWA -*$* .1 p / II 1 ww1 1 - if 1r - A 0 275 550 1,100 Feet Guide Plan Map: Assembly of God Church Address: 16591 Duck Lake Trail Eden Prairie, MN 55347 111111$ ilk *o S Manor Rd t ail. 4 1 1, 4 ,7 ii„ � C �� LI ,.`I _ #Adret 4ilorTerracewood Dr Duck Lake Trail Sunburst Dr 11 111 dr *44 Eden Prairie Rd 4 DuckI/ - ' hir i r CD ' Baywood Ln IIIII Lake Bay wood Ln 11111 I 4 011 ilk-Os*\ i 0r sgti lop" of Ede Prairie Land 'e - t id - Pia . I. e001 ►-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/Acre EZI Town Center Ai, #, 11'.'t —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 E D E N I High Density Residential 10-40 Units/Acre Public/Quasi-Public DATE Revised 02-23-06 DATE Revised 10-01-07 Minor Collector DATE Revised 03-23-06 DATE Revised 03-01-08 nAirport Golf Course DATE Revised 06-23-06 DATE Revised 03-01-09 Office - Church/Cemetary PRAIRIE Y// Office/Industrial Open Water LIVE•WORK•DREAM M 2 Office/Public/Open Space Right-Of-Way 520 260 Oogamm�Me mo1.m_o.„®1�XnpneB1 1 .,o.:b m 20Feet - Industrial CICityLimits Zoning Map - Assembly of God Church 16591 Duck Lake Trail Eden Prairie, MN 55347 -11r- _ 0010" ,. Vole n di r- _____i /vs i 1 , r---, S Manor Rd ilr# i J iwit iiilkAilik* \ *jAdret Ct Sunburst Dr Duck Lake Trail I i/ Terracewood Dr I / TP_, ItJ Eden Prairi/ vim re Rd /air o ,,_ - RN ,,., al moil irg No ...------"-- Baywood Ln Baywood Ln * "& ÀI/ A %, 1- 10 z. • , _ , 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) R11/, 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 I I 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 I I Water In case of discrepancy related to a toning classitmaaon on this zoning map,the Ordinance LIVE•WOAK•DAEAM and attached legal description on file at Eden Paine Ciry Center will prevail. -Highway Commercial I I Right of Way -Regional Service Commercial DCityLimits 0 0.1 0.2 Miles .wa,_o...m..=m._..®..t..o.,.,, ..,_..anot.m ,..,,mo, Aerial Marc Assembly of God Church Address: 16591 Duck Lake Trail Eden Prairie, Minnesota 55347 i 0 I tIvTio p*:I st-rio .r fr .00 .-�, r 4111 4, S Manor Rd SunburApt;,,,,,st Dr Adret Ct Duck Lake Trail /ie:;;looDr fY k7 �� a IY . - [Eden Prairie Rd SITE 1,1.1° a :,'-: : .„L..:: ���� a Ai0 Gay lin I. - BaywoodIII Ln � gill F . t Baywood Ln C • a ! ,Ø*tvh1i 76�� Feet UNAPPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY,AUGUST 14, 2017 7:00 PM—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 Villarreal CITY STAFF: Julie Klima, City Planner Randy Newton, Assistant City Engineer Matt Bourne, Manager of Parks and Natural Resources Kristin Harley, Recording Secretary I. CALL THE MEETING TO ORDER Vice Chair Farr called the meeting to order at 7:00 p.m. II. PLEDGE OF ALLEGIANCE—ROLL CALL Absent were commission members Kirk, Pieper, and Weber. III. APPROVAL OF AGENDA Klima announced the original copy of the July 10, 2017 minutes the commission received were inadvertently the unapproved version, and latest changes, asked for at the July 24, 2017 meeting, were reflected in the goldenrod copy distributed to the commission members. MOTION: Wuttke moved, seconded Freiberg, to approve the agenda. Motion carried 6- 0. IV. MINUTES July 10, 2017—MOTION: Higgins moved, seconded by DeSanctis to approve the minutes of July 10, 2017 with the revisions indicated on the goldenrod pages. Motion carried 6-0. July 24, 2017—MOTION: Wuttke moved, seconded by Freiberg to approve the minutes of July 24, 2017. Motion carried 6-0. V. INFORMATIONAL MEETINGS PLANNING COMMISSION MINUTES August 14, 2017 Page 2 VI. PUBLIC MEETINGS VII. PUBLIC HEARINGS A. EDEN PRAIRIE ASSEMBLY OF GOD Request for • Planned Unit Development amendment on 10.06 acres • Site Plan Review on 10.06 acres Klima presented the staff report: this was a request to amend the PUD and a request to amend the site plan. The existing development was approved in the 1970s and was in compliance with City Code and City approval at the time of construction. The current request was to expand the existing footprint and do some internal remodeling. This expansion is consistent with City Code requirements with regard to architecture, height, and materials, and there were no waivers requested. There are a few site amenities that are nonconforming, primarily the parking lot and trash enclosure, due to recent changes in design standards. This project does not include any expansion or renovations to the parking areas. Staff recommended a condition be included in the development agreement that would require the property owner to submit a plan to address these nonconformities at the time of future projects. The landscaping plan conforms to city code requirements, and would connect sidewalks and trails along Duck Lake Road as well as providing bike racks on site. Staff recommended approval of the development. Farr asked in the interests of full disclosure for staff to articulate the legal arrangements with the community gardens on the western quarter of this property. Klima referred the question to Bourne, who stated the City has a lease with Assembly of God Church for the use of the land for public gardens for residents, churchgoers, and nonprofits, and as part of that lease the City maintains those gardens. Farr asked for and received confirmation this development would not impact those gardens, nor limit any future parking expansion. Applicant Dr. Jack Perrin, senior pastor at Assembly of God Church, summarized the church's support of the community for the last 18 years, and stated church attendance ranged from 400-500 people on a week up to 600-700 people. The church needed additional educational space. Architect Nicole Thompson, of Station 19 Architects, presented the expansion project goals: to strengthen the church's identity and curb appeal, to expand the educational facilities for all attendees, to expand the gathering and hospitality space, and the expand PLANNING COMMISSION MINUTES August 14, 2017 Page 3 accessibility to the building. This development would add 12,000+ square feet in a two- story addition with classrooms. Farr asked for clarification of the disparity between 400-500 attendees currently, and the 600-700 record attendance with regard to the parking requirements of the church. Perrin replied the church presently has three services, keeping parking requirements stable,but he did foresee a time when the church would come back before the commission to bring the existing parking lot into compliance due to increased attendance, as well as to upgrade the storm water services. At only one time did the church ask permission to have worshippers park along Duck Lake Trail for an event that would likely not be held again. Farr mentioned Perrin's comments at a recent neighborhood meeting and asked him to put Perrin's phrase about the project being"scaled back" into context of the future improvements that may be proposed. Perrin explained the budget was 4.3 million, keeping it conservative. The church also realized there would be a future need for an expanded administrative area and increased sanctuary size,but he thought the compliance of the parking area and the trash enclosure were the top priority. In five years he expected to be back before the commission with a parking plan. Therefore, the applicant and architects made the budget adjustment, divided the project into phases, and withdrew some development items. Farr asked Perrin to summarize the neighborhood meeting. Perrin replied one person attended the meeting and was present in the audience, and another stopped by Station 19 Architects who couldn't come to the neighborhood meeting. The latter person's main concern was the 60-foot trees along the property's south border. This development would not impact the trees; they would only be replaced as they aged. Nicole Thompson added she spoke to this gentleman personally, and he was concerned with the scale of the project, particularly with the possibility of the infiltration basin impeding or affecting the neighborhoods to the south of the property. The size of the infiltration basin had been reduced in size to avoid impacting the trees and properties along the south end. DeSanctis asked the architects to explain the type and the technical aspects of the exterior lighting. Dan Torgerson, of Station 19 Architects, explained the lighting would consist of LED downward facing lights. No extra lighting was being added beyond what is required by building code. Farr observed there were a limited number of light fixtures on the façade, as the project retained the existing lighting on the parking lot. However, there were also two flood lights facing vertically into the residential area along the north side of the property illuminating the church's two driveways. He noted this was an existing condition. He asked staff to comment on this nonconformity. Klima replied the lighting that exists is not proposed to change. Staff has received no negative feedback from the neighborhood. PLANNING COMMISSION MINUTES August 14, 2017 Page 4 The nonconformities in the parking lot largely consisted of the lack of parking lot islands and other design guidelines recently adopted by the commission. This proposal was not specifically intended to address the lighting requirements; however, the church may look at the lighting design in future proposals. Wuttke noted the infiltration basin was oversized by three percent and asked if this was a measure to proactively accommodate a future parking expansion. Klima replied there were several discussions with the church as to how to address the infiltration area as a part of the proposal review. The design is a proactive approach and the church is trying to be responsive to the City and the watershed district requirements. The church was hopeful what is being proposed now will accommodate future proposals. Wuttke asked if there had been ghost platting of the infiltration basin and utilities locations and the size and scope of the development. Perrin replied this had not been done as yet, but had data from some core studies done years before, and were open to planning as a part of the next stage of the development. He added the three percent over could even be inadequate in the future,but the church's intent was to "do it well" and over- accommodate a bit. The church is taking this step by step and allowing each stage to meet the requirements. Higgins asked the status of the early release of permits under the grading and utilities section on page two. Klima replied grading/land alteration permits were usually not issued until the development agreement is signed. However, with the approach of autumn it was not out of the ordinary for a developer to request an early release of a grading permit before the development agreement is signed. Any work done as a part of that is at the developer's own risk and the City Council would need to authorize such work. Usually the Planning Commission doesn't see these requests at this time, but in this instance staff wanted to let the commission know this was part of the request. No particular action was needed on the grading permit by the Commission. Wuttke noted the bike racks at the northeast corner of the existing parking lot where three pathways intersect. He suggested setting that offsite, further away from the walkways. Thompson replied the architects could look at that. Perrin added the Fire Department supports the project because sprinklers will finally be put into the church. Farr opened the public hearing. Resident David Ziggler of 16729 Baywood Terrace stated he and his neighbors had no objections to the addition,but were in favor of the BMPs to improve the water quality and address the runoff issues. All neighbors favored not impacting the trees along the south end of the property, as lights from cars parking could shine into house windows, PLANNING COMMISSION MINUTES August 14, 2017 Page 5 and were reassured to hear this development would not remove them. He said he and his neighbors also favored as much distance as possible between the infiltration basin and the south property line. The original design showed a southeast location, and they wanted to see the tree buffer kept, and a long thin infiltration basin along the south parking lot to not disturb the tree roots. He added the sidewalk would help. DeSanctis asked for the caliper and species of the six existing trees that could be impacted. Perrin replied three were flowering crabapple trees which could not be moved, a possibility he had explored. These would be replaced with fairly mature trees. Thompson replied two maples, three crabapples, and six arborvitaes would be removed. The crabapples would be replaced. Farr asked for and received confirmation Ziggler was satisfied with this answer. Resident John Lafontaine, of 1639 South Manor Road asked when construction supposed to begin, if the church would remain a polling place during construction should an election be held during construction and if the church's membership keeps increasing will the City find it necessary to put a traffic light on Duck Lake Trail and Eden Prairie Road. He added turning left onto Eden Prairie Road from Duck Lake Trail is difficult at present. Perrin replied the sanctuary would be able to serve as polling place. Thompson said the construction would begin in October, 2017, with completion in May, 2018. Farr asked for comment from commission and staff. Newton noted this was a county road with county control. He added the times that the church is busy did not normally coincide with busy traffic times. Farr noted this development did not have a traffic report, and asked if future proposal might require a traffic study. Newton replied a future one would; however, this one did not due to there being no expansion of the parking lot and/or sanctuary. Higgins urged the developer and Hennepin County be mindful of the traffic while construction is underway. The way that Eden Prairie Road curves at the intersection of Duck Lake Trail makes that intersection approach difficult to navigate. DeSanctis asked whose jurisdiction it would be to adjust the speed limit on County Road Four, Hennepin County or the City engineer. Newton replied the State of Minnesota monitors speeds, whereas the city could write a resolution to request a speed study. However, history shows such a request tend to result in MnDOT recommending an increase in speed, so the city reserves those requests when a lower speed is the likely result. Farr suggested an intersection improvement rather than a speed reduction at that intersection. Newton replied the City could continue to look at the County Road Four corridor which is a rural unimproved roadway for ways to suggest improvements; however, that suggestion has been made to Hennepin County, and improvements there PLANNING COMMISSION MINUTES August 14, 2017 Page 6 are not a priority with the county at this time. Farr asked for and received confirmation from Newton the bottom line was that corridor performed at a level that is acceptable at the levels of the city, county, and state. Wuttke asked if the residents had as a part of the Eden Prairie Comprehensive Plan online mapping system had commented on that intersection. Newton replied he would have to double-check the results,but was not aware of that intersection being the target of comments. Farr closed the public comments section. Farr asked for questions or comments from the commissioners. Hearing none, if a crosswalk warranted on the north side of Duck Lake Trail to connect the proposed sidewalk to the trail there. Newton replied such an intersection is a legal crosswalk whether marked or unmarked and would function as one either way, and the current pedestrian volume wouldn't warrant a marked crosswalk. Farr noted there was a comment by the architect naming accessibility a design goal, but the accessible parking stalls in the parking lot remain unimproved, and there is no accessible route from those stalls into the building. He wished to make this a condition, and noted the building inspector would likely make this a condition of the building permit. Farr observed another proposed sidewalk along parking lot to the north side of the structure leading to new entrance and exit doors for that north addition that would remove a 20-inch maple tree, and he suggested such some dialogue on moving the sidewalk around the tree. Perrin agreed with the avoidance and remarked it was easier and more aesthetic to move the sidewalk than to take down the tree. Farr stated he was concerned about the new landscaping concentrated around the addition, whereas the existing large monument sign along Eden Prairie Road is unadorned with landscaping, along with the sanctuary building, being a large structure, also has little landscaping. He urged the developer to look more holistically at the landscaping and invited commissioners' remarks. The sanctuary southeast corner has between three and five HVAC air condensers which are not screened. He wished to make that a condition of approval. Higgins voiced support for Farr's comments regarding the accessibility issue, as she had driven around the area that day. DeSanctis asked for and received confirmation there was no emblazoned crosswalk at the intersection of Duck Lake Trail and Eden Prairie Road, and added it behooved the City to look at that more carefully and demark it explicitly. Farr replied crosswalks were always a good idea, and this would connect to the two trails along Eden Prairie Road from the north and south sides of Duck Lake Trail and provide no entrance to the church. Anyone walking or biking to the church from the north on Duck Lake Trail would cross it and take the new sidewalk. Those coming from the south would have to cut across the grass, which could PLANNING COMMISSION MINUTES August 14, 2017 Page 7 be a problem needed a redesign. Villarreal remarked he saw someone on a bike cut through the southeast corner of the property into the parking lot. Farr moved the discussion to the topic of the building architecture and materials, and asked if the materials board reference in the staff report was available. Klima presented the materials board. Farr noted the drawings depict the existing sanctuary as having no new work in this development. Thompson replied they planned to keep the existing wood siding, and reinstall wood siding in the future. Klima passed the materials board to the commission. Farr observed the uniclad 500 metal panels proposed were a low grade lightweight sheet metal rather than something more durable and pleasing to the eye. He said the entire roof at the location of the barrel vault articulation at the front door is rubber-clad EPDM, which should function only as a membrane, i.e., not be visible, and he urged the use of a more suitable cladding material. Farr also voiced concern the development introduced brick, precast concrete, modular retaining walls, and the aforementioned metal panels, which he felt are not cohesive or integrated with the existing building, which was already nonconforming. He expressed concern about the quantity of new materials and their lack of relationship to the existing structure or the potential remodel of the sanctuary. Farr said the new exit stairway from the second floor was not in keeping with the existing stairwells: it was exposed, not concealed or decorated. He found the design to be disjointed. He asked for other commissioners' comments. There were none, and Farr invited the architects to respond. Thompson replied there was a full master plan for the project, which included future parking and worship expansion. This development was Phase One. Use of the pre-cast was cost-effective for a two-story addition. Station 19 Architects has used the UC500 panel as a cost-effective solution. She appreciated the comments and would take them into consideration. She added the architects do share Farr's concern about the north stairway and would look at that as the drawings are finished. Wuttke asked if the master plan had been worked on privately with the applicant, and if was of the entire site. Thompson replied both were true, and it included future parking on the south and north sides of the building and potential infiltration basins that were not sized in order to be cognizant of the shoreland boundary. There would also be a western building expansion for a lobby and administration, and recladding of the entire building. Farr asked for and received clarification that the exterior would be restucccoed. Wuttke asked for and received clarification future development would include more landscaping. He asked if this master plan had been relayed to staff, and Thompson replied it had. Wuttke asked if the commission should look at this specifically as a Phase One development, or take the master plan into consideration. Klima replied this development PLANNING COMMISSION MINUTES August 14, 2017 Page 8 request pertains to what is shown in the plans. Future improvements would go through another public hearing and public review process. For this current request there would be a development agreement drafted for the City Council to review, and it would include language to set expectations for future development. Farr asked for comments from the commissioners. Higgins expressed concerns about construction activity during the winter and runoff, and asked for City supervision of the construction. Farr replied a review of the City's erosions controls would be sufficient. Newton replied the City would implement a standard review and the developer would be required to get a land alteration permit prior to any construction, and erosion control would be part of that. Wuttke noted there was presently a runoff issue on the property, and was not convinced this would not be an issue in the future. Newton replied the plan in front of the commission did not address all of the run off issues on the property but did capture and treat some of it, which was an improvement and could be monitored and reviewed. Wuttke urged the possible impact on the neighborhood north of Duck Lake Trail be a part of this review, and Newton agreed. Farr asked the architect to address the runoff issue with regard to the applicant's "aggressive"permit request and the need to get the BMPs installed before foundations are dug. Torgerson replied the best management practice was to have a permit before construction begins. The storm water basin was designed to hold four inches of water for 24-48 hours,preventing standing water, and was moved from the southeast corner to the south side of the site. Required soil borings throughout the site were done. Farr replied this answered his question, and observed the storm pond appears to take drainage solely from the parking lot, not the roofs, asked if the roof storm water drained to grade and found its way to the new basin. Torgerson replied the basin was design to treat the new runoff from the site; some of the roof runoff would drain to grade,but the total volume of water needed to be treated would be. Wuttke asked if there would be natural vegetation such as low-mow fescue/deep root structure plants with high filtration on the eastern low side swale. Perrin replied there was a full basin planned in the master plan. Villarreal asked if it would be simpler having the landscaping completely finished as opposed to having it done in two phases. Klima replied the landscaping plan being discussed tonight was reflective of the current expansion, and the recommendations included the provision of a landscaping plan and the security for that. She confirmed when the applicant returned with a Phase Two development, the city would review that landscape plan based on the current requirements at that time, receive landscaping PLANNING COMMISSION MINUTES August 14, 2017 Page 9 security, go through inspection again, etc. The applicant originally came in with a broader plan and decided to scale back. It was staff's opinion it was better to look at what landscaping can be done with the applicant's capabilities, rather than have a master landscaping plan that takes more time to implement, risking a change to standards in the meantime and removal of newly installed landscaping to accommodate development plans. Farr stated his primary concern was the lack of cohesiveness or integration of the new materials with the existing structure without the premise of the completion of the master plan. He saw what looked like two projects with the new project abutting an old building with no relationship. The applicant was willing to adopt some additional conditions such as saving the 20-inch maple tree, installing screening in front of HVAC units, and perhaps improving the northern stairway, but these did not add up to substantial architectural improvements in his opinion. DeSanctis asked for a description of dimensions and material for the wall signage. Torgerson replied it would consist of box lettering, flat-back-lit signage, with some pit- mounted signage. The size was undetermined but would fall within City Codes. Wuttke stated he understood Farr's concerns; however, staff had recommended approval and the commission to his mind had no legal standing to withhold approval of this development. The development agreement could correct nonconformities during the second phase of the development. Freiberg expressed concern putting up too many roadblocks to development would drive businesses and churches from Eden Prairie, and while he wanted the materials concerns to be considered, he did not see integration of materials as sufficient to vote against the proposal. MOTION: Wuttke moved, seconded by DeSanctis to close the public hearing. Motion carried 6-0. Farr urged he did not wish to derail the project but said the project did not draw details from the current building or from the area in Eden Prairie. He feared the budget does not support the program. Higgins stated she had some reservations but would approve the project. She added the architect may want to add value by taking into consideration the concerns raised in this meeting. DeSanctis asked Farr by what means he recommended the applicant address the material integration. Farr replied there were two ways forward: the commission could recommend approval with conditions, and have the City Council listen to deliberations on the materials, or recommend a continuance. He asked Klima to confirm or correct this. Klima replied since the public hearing was closed alternatives include tabling any recommendation and provide specific direction to the applicant and to PLANNING COMMISSION MINUTES August 14, 2017 Page 10 city staff; Recommend approval subject to conditions presented or added by the Commission; or to recommend denial of the project. Wuttke asked Farr if the commission had seen the master plan with the phases set out if that would have alleviated his concerns, and Farr replied he would have had concerns either way. He would have liked to have seen the master plan,but what was indicated for a second phase was not acceptable to him. DeSanctis noted the greatest inertia to overcome is beginning with regard to a project, and suggested amendments to the development proposal. Wuttke asked if any commission members had concerns about staff recommended conditions on page four; none did. Freiberg asked Farr if there was any language that could be inserted in a motion to address his concerns, and Farr replied there was not. Higgins reiterated her support for the project despite sharing Farr's concerns, and asked Farr to articulate the conditions he would like to see other than the issue of materials. Farr listed the four conditions he had for the project outside of the materials concerns: 1) save the 20-inch maple tree and reconfigure the sidewalk north of the building; 2) comply with the Minnesota Accessibility Code regarding southeast parking stalls; 3) landscaping in front of or screening of HVAC units on the southeast corner of the sanctuary; and 4)he had a concern about the lack of perimeter plantings around the existing sanctuary. Discussion followed on how to craft language to address these concerns. Klima stated City staff could help the commission craft language. She repeated the alternatives for the commission were to approve with the conditions represented in the staff report or with amended conditions, to table action on this item, or recommend a denial to the City Council. However, a denial required specific reasons, and staff could also assist with this. Tabling rather than a continuance was the option because the public hearing had been closed. MOTION: Freiberg moved, seconded by Higgins to recommend approval of the Planned Unit Development Amendment on 10.06 acres and Site Plan Review on 10.06 acres based on plans stamp dated August 4, 2017 and the information included in the staff report dated August 11, 2017 and its attachments. Motion carried 5-1. Farr dissenting VIII. PLANNERS' REPORT IX. MEMBERS' REPORTS X. CONTINUING BUSINESS XI. NEW BUSINESS XII. ADJOURNMENT PLANNING COMMISSION MINUTES August 14, 2017 Page 11 MOTION: Higgins moved, seconded by DeSanctis to adjourn. Motion carried 6-0. Vice Chair Farr adjourned the meeting at 8:44 p.m. EDEN PRAIRIE ASSEMBLY OF GQ917 ,, Eden Prairie , Minnesota ..f. I I City Council Presentation , • T_ September 5, 2017: by Station 19 Architects, Inc. 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' activity d.Ore fter fhe Pe ryffee ustn \ • �/1 / / / Toy 1 f un responsibilities der this t ast weekly until vegetative inspectionby thesDisfdct on request.a nee 00 V ®.� _ / LEGEND a and mamtenanrr°°e conducted moat be recorded in writing and records refmne flrthe SWEEP. \ • / 1=• / PROPOSED CONTOUR site thol hove undergone Anal stobibzatlon,may have Me inspection o�te arena reduced \ W4111\ / / % •I �Q PROPOSED ELEVATION • mast be rape,a.replaced.o supplemented within 24 hours Wien ey become nonfunctional \ INLET PROTECTION OENCE N o—SILT FENCE nd permanent sedimentation a M1eig the sediment ® MIGOT CAT.6 EC BLANKET neat s 1/2 the nstorage bv0 drained nust be completed within n Of the depth EROSION CONTROL NOTES GRADING NOTES Ili ers me.Rem evidence of dhit odes -al elevations an re to final surfaces. tea^— EXISTING CONTOUR Mon omust take aplace rywithins seven()),days of discove unless precluded bynegal,regulatory,or —Contractor is responsible for all notifications and inspections required by General Storm Water Permit. own° MOO a —All erosioncontrol measures shown shall be installed prior to grading operations antl maintained —Contractor is responsible for obtaining.°National Pollutant * EXISTING ELEVATION esites vehicle exit locations must have sediment removed from off—site paved surfaces within untilarestored. Discharge Elimination system(NPDES)General Storm Water I discovery. —Sweep l paved public r streetsas been whe construction r of h ndeposited. Permit or Construction Activity before construction begins. 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EXTERIOR FINISHES • T! 0 - edenprFr; airieasssemoblly STATION 19 ARCHITECTS , INC . 11 �` 02017 EXTERIOR VIEW @ CORNER P IOWlip" air Liana ��f� . 011 .. " . .::.-.. .,.. ... '..: III _ - ...4. { Mir aim. L ,• „.:., .,. :_•.-.... ..4,,,,A N 1 --------------------_,_ 11 � . .______ � h L . . _.'rr — -. - , F.l ► ��t im L�:.:.'w�l loll 3 M' -14 s d.`' -i. 3E' l'. — , ,, L[ `mil -- . - "k I 3 ..' fi' . ' fi: taiimaiimmi , edenprairieasssemoblly STATION 19 ARCHITECTS , INC . 12 02017 CITY COUNCIL AGENDA DATE: SECTION: Public Hearings 09/05/17 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development/Planning Code Amendment—Parks Zoning District. IX.C. Janet Jeremiah/Beth Novak-Krebs Requested Action Move to: • Close the Public Hearing; and • Approve First Reading of an Ordinance Amending City Code Chapter 11, Relating to adding the Park and Open Space Zoning District and associated amendments of other sections of Chapter 11 related to the Park and Open Space Zoning District Synopsis The Comprehensive Guide Plan adopted in 2009 includes a land use category for Parks/Open Space. There are a number of properties that are designated as Park/Open Space in the 2009 Comprehensive Plan and they are zoned a variety of different zoning districts including Rural, Public, R1-13.5, R1-9.5, RM-6.5, RM-2.5, I-Gen, Office, and Commercial. For the past several months, staff has been preparing draft language to create a new Park and Open Space Zoning District and associated regulations. The intent of the Park and Open Space Zoning District is to ultimately apply these draft zoning regulations to publicly-owned parks and open space in order to bring the Comprehensive Plan and Zoning for these sites into compliance. Background The draft ordinance creates a Park and Open Space Zoning District and regulations that establish the following standards: • Permitted Uses • Building Setbacks • Parking Lot Standards • Fencing Standards • Landscaping Standards • Lighting Standards • Architectural Standards There are a number of minor amendments to other sections of Chapter 11 that are being proposed to provide reference and consistency between the Park and Open Space District language and other parts of the Chapter. The standards as proposed will minimize the creation of nonconformities. The adoption of these amendments does not impact specific properties until such time as they are rezoned. The rezoning of properties will require a public process. Planning Commission Review and Recommendation At its July 24 meeting, the Planning Commission voted 8-0 to recommend approval of the Ordinance to Amend City Code Chapter 11 relating to adding the Park and Open Space Zoning District and associated amendments of other sections of Chapter 11 related to the Park and Open Space Zoning District. Attachments Ordinance Staff Report dated 07/19/17 Planning Commission Minutes 07/24/17 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2017 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA AMENDING CITY CODE CHAPTER 11, BY ADDING A NEW SECTION 11.37 ENTITLED P - PARK AND OPEN SPACE DISTRICT SECTION AND AMENDING SECTION11.03 TO ESTABLISH THE PARK AND OPEN SPACE DISTRICT, SPECIAL REQUIREMENTS AND PERFORMANCE STANDARDS RELATED THERETO; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS: Section 1. City Code Chapter 11, is amended by adding Section 11.37 as follows: Subd. 1. Purpose. The Park and Open Space District is established to (1)promote,preserve, and protect publicly owned parks and open space through conservation and appropriate and compatible development; (2) provide opportunities for active and passive indoor and outdoor recreation and leisure activities integral to the overall quality of life; (3) protect natural resources including grassland,forest,wetlands and other features; (4)enhance property values and further the purposes of the City's Park and Open Space System Plan. Subd. 2. Definitions. The following terms, as used in this Section, shall have the following meanings stated: Historical Property: A Historic Preservation Site as designated in this Chapter and/or a district, site, building, structure or object on the National Register of Historic Places. Lot Line,perimeter: The boundary that encompasses the entire park property which may include multiple parcels that function as a single site. Front yard, perimeter: The area between the perimeter front lot line and the required front setback extending across that portion of a park property adjacent to the exterior streets. Park Property: A single parcel or multiple parcels that function as a single site. When a street crosses a park property, the park property is still considered a single site. Public Recreation: Any use commonly provided for and open to the public at parks,playgrounds, community centers, or other similar sites owned or operated by a unit of government for the purpose of providing recreation. Rear yard, perimeter: The area lying between the perimeter rear lot line and the required rear setback line extending from the perimeter side lot lines. 1 Side yard, perimeter: The area between the perimeter side lot line and the required side setback extending from the perimeter front lot line to the perimeter rear lot line. Subd. 3. Permitted Uses. A. Public Recreation B. Publicly Owned Historical Property/Building C. Recreation related structures and amenities that support the primary use of the site D. Public Conservation Areas E. Public Infrastructure F. Antennas and Towers, in those locations and subject to the limitations contained in City Code Section 11.06 Subd. 4. Lots and Accessory Structures and Uses. A. Lots/Parcels. Park property may consist of one or more lots or parcels that for the purposes of this Section function as one site. Setbacks for parking lots, buildings, and accessory structures and use shall be measured from the perimeter lot line that encompasses the park property. B. Accessory Structures and Uses. Accessory structures and uses in the Park and Open Space District may be located on the same lot as the principal use or structure or on another lot within the park property. An accessory structure or use may occur without a primary structure and may be allowed in the perimeter front yard setback up to 15 feet from the property line. Subd. 5. Parking Lot Design: The following parking lot screening and parking setbacks shall be applicable to new or enlarged parking areas after the effective date of the adoption of this Section: A. Parking Lot Location. Off-street parking facilities shall be on the same parcel or parcels of land that contain the structure or use that the parking is intended to serve. B. Parking Setbacks. Parking areas shall be at least 20 feet from any front lot line, 10 feet from any side lot line and 50 feet from any rear lot line and shall be at least 5 feet from a building. C. Parking Lot Screening. Off-street parking areas shall be screened from adjacent differing land uses and the public right of way as required in Section 11.03. 2 D. Parking Surface: All parking lots shall be surfaced in accordance with Section 11.03. E. Parking Lot Islands: Parking lot islands shall be included at the ends of parking aisles rows and shall include planting material. Each island shall be a minimum of 160 square feet and no dimension shall be less than 5 feet. F. Shared Use Parking: Shared use parking is allowed between a park and an adjacent public district when it can be demonstrated to the reasonable satisfaction of the City Planner that the uses have different peak hour parking demands. If shared parking is allowed the parties shall enter into a shared parking agreement in form and substance as approved by the City Planner. Overflow parking is allowed between two park properties. Subd. 6. Building Setbacks. Building setbacks shall be measured from the perimeter lot line. Subd. 7. Fencing. Fencing associated with athletic fields, ball diamonds, courts and similar uses may exceed 7 feet in height. Fencing not associated with athletic fields, diamonds, courts or similar use shall be limited to 7 feet in height and may occupy any perimeter yard. No fence, hedge or other planting exceeding 30" in height or trees pruned even to a height less than 8 feet shall be permitted where there will be interference with traffic sight distance. Subd. 8. Landscaping. Landscaping required after the effective date of the adoption of this Section shall comply with the following: A. Mechanical equipment screened in accordance with this Chapter. B. General screening in this Chapter. C. Native plant material is encouraged consistent with this Chapter. D. Landscaping shall include a combination of trees, shrubs,perennials, and ornamental grasses to create a diverse and balanced design. Subd. 9.Architectural Standards. All new buildings,including storage and equipment buildings,in the Park and Open Space District that require a building permit, are visible from the public right-of-way, street, and/or an adjacent differing land use and constructed after the effective date of this ordinance (date) shall comply with the following: 3 The City's Design Guidelines shall be used as the standards for the architectural design of the buildings in the Park and Open Space District. The architectural design should be compatible with the built environment surrounding the park, fit the context of the site and further the intent and goals of the Design Guidelines including the development of high quality projects balanced with aesthetics, function, surrounding environment, and economics. Subd. 10. Lighting Standards. Athletic Field Lighting Fixtures: Light poles (not including base) shall be a maximum height of 100 feet with downcast and cut off lens. Lighting shall be directed toward the athletic field. All new lighting fixtures and poles installed in the Park and Open Space District after the effective date of the adoption of this Section shall comply with the following: A. Lighting shall not exceed a maximum of 0.5 foot candles as measured at the perimeter property line demonstrated with a photometric plan. B. Glare, whether direct or reflected, such as from spotlights or high temperature processes, and as differentiated from general illumination, shall not be visible beyond the limits of the immediate site from which it originates. C. Parking Lot Lighting Fixtures: Light poles shall be a maximum height of 25 feet as measured from grade with downcast and cut off lens. Full cutoff lighting fixtures shall be used in order to minimize ambient light pollution and side glare. Parking lot lighting fixtures in the interior portions of the parking lot are not required to be located in islands. 4 Section 2. City Code Chapter 11, Section 11.03, Subd 1. A is hereby amended by adding the underlined text for the Town Center District,TC—Mixed Use,TC—Residential,TC—Commercial and Park and Open Space District to the chart below as follows: DISTRICT TITLE ABBREVIATION Rural District R One-Family Residential District R-1 R1-44 R1-22 R1-13.5 R1-9.5 Multi-Family Residential District RM RM-6.5 RM-2.5 Office District OFC Commercial District C Neighborhood Commercial District N-Corn Community Commercial District C-Com Regional Commercial District C-Reg Regional Service District C-Reg-Ser Highway Commercial District C-Hwy Town Center District TC TC—Mixed Use TC-MU TC—Residential TC-R TC-Commercial - TC-C Transit Oriented Development District TOD TOD—Mixed Use TOD-MU TOD—Residential TOD-R TOD-Employment TOD-E Industrial District I Industrial Park District I-2 Industrial Park District 1-5 General Industrial District I-Gen Public District PUB Golf Course GC Airport—Office A-OFC Airport—Commercial A—C Park and Open Space District 5 Section 3. City Code Chapter 11, Section 11.03, Subd 2, B, Table 3 and Table 4 are hereby amended by adding the underlined text for the Park and Open Space District as follows: MINIMUM LOT SIZE MINIMUM YARD-SETBACK OFFICE/ MINIMU SITE AREA MAX.FLOOR MAXIMU HEIGHT COMMERCIA WIDOT TH PER AREA RATIO M BASE OF MAIN L/ Area AT One Both DWELLING (FAR) AREA INDUSTRIAL/ S.F. of Widt Dept RIGHT OF Front Side Sides Rear UNIT RATIO STRUCTU RE DIST. Acres h Ft. h Ft. LINE Ft. Ft. Ft. Ft. SQ. FT. OR (BAR)* (FT.) ACRES C-REG 50 N/A N/A N/A 80 80 160 60 Dwelling Not 0.2 - 1 Story 0.5- 0.2 40 ACRE Permitted Multi Story S I-2 PARK 2 acres 200 300 200 50 20 40 25 Dwelling Not 0.3 - 1 Story 0.5- 0.3 40 Permitted Multi Story I-5 PARK 5 acres 300 300 300 75 30 60 25 Dwelling Not 0.3 - 1 Story 0.5- 0.3 40 Permitted Multi Story I-GEN 5 acres 300 300 300 75 30 60 50 Dwelling Not 0.3 - 1 Story 0.5- 0.3 40 Permitted Multi Story PUB N/A N/A N/A N/A 50 50 150 50 Dwelling Not N/A N/A 30 Permitted P-PARK AND N/A N/A N/A N/A 35* 25* 50* 50* Dwelling Not N/A N/A 30 OPEN SPACE Permitted except *perimeter for existing setback Historic Sites Table 3 —Section 11.03 6 ACCESSORY STRUCTURES MAX. OFFICE/ FLOOR TOTAL COMMERCIA Min. Min. SCREENING MN. MAX. AREA FLOOR L/ Maximu Dist.to Dist.to OFF-STREET AND ZONE ZONE PRIMARY AREA INDUSTRIAL m Side Lot Rear Lot LOADING LANDSCAPI AREA AREA USE (SQ. FT.) DISTRICTS Height Line Line NG (ACRES) (ACRES) (SQ. FT.) OFC 15 10 10 YES YES N/A N/A N/A N/A N-COM 15 10 10 YES YES 2 15 20,000 50,000 C-COM 15 20 10 YES YES 5 20 30,000 200,000 C-HWY 40 20 10 YES YES 5 20 20,000 100,000 C-REG-SER 40 20 10 YES YES 10 N/A N/A N/A C-REG 40 50 50 YES YES 60 N/A N/A N/A I-2 PARK 40 20 25 YES YES 40 N/A N/A N/A I-5 PARK 40 20 25 YES YES 40 N/A N/A N/A I-GEN 40 20 50 YES YES 80 N/A N/A N/A PUB 30 30 30 YES YES N/A N/A N/A N/A GC 30 30 30 YES YES N/A N/A N/A N/A A-C 15 10 10 YES YES NA NA NA NA A-OFC 15 10 10 YES YES N/A N/A N/A N/A P-PARK AND 30 10 10 YES YES N/A N/A N1 N/A OPEN SPACE Table 4—Section 11.03 7 Section 4. City Code Chapter 11, Section 11.03, Subd 3. A, E, H and K are hereby amended by adding the underlined text and deleting the stricken text as follows: Subd. 3. Special Requirements. The following special requirements shall apply to all Districts: A. Lots in all Districts except the RM and Park and Open Space Districts shall be required to have frontage on a public street. Corner lots shall have additional width equal to the minimum interior side yard requirement and shall in no case be less than 90 feet. E. Fences not over 7 feet in height may occupy any yard. No fence, hedge or other planting exceeding 30" in height or trees pruned even to a height less than 8 feet shall be permitted where there will be interference with traffic sight distance. Fencing in the Park and Open Space District is exempt from these requirements. Fencing standards for the Park and Open Space District are set forth in Section 11.37. H. 5. (b)Minimum Distance and Setback. Parking areas for 5 vehicles or more shall be at least 10 feet from any side or rear lot line and 5 feet from any building. Minimum Distance and Setbacks in the Park and Open Space District are exempt from these requirements. Parking lot setback standards for the Park and Open Space District are set forth in Section 11.37. K. Architectural Standards. All structures within all districts, except Rural, R1-44, R1-22, R1-13.5, R1-9.5, RM-6.5, and GC, and Park and Open Space, shall be developed in accordance with the following design standards: Section 5. City Code Chapter 11, Section 11.03, Subd 4. E, is hereby amended by adding at the end of E. the underlined text as a new paragraph as follows: Subd. 4 Performance Standards. E. Glare and Lighting illumination in the Park and Open Space District are exempted from these requirements. Glare and Lighting illumination standards for the Park and Open Space District are set forth in Section 11.37. Section 6. City Code Chapter 11, Section 11.03, Subd 6. F, is hereby amended by adding the underlined text to the first paragraph as follows: Subd. 6. Site Plan and Architectural Design Review. F. Except as provided for in Subd. 6.D. 1. and 2., a Site Plan and Architectural Design, for properties other than those in the Park and Open Space District, may not be acted upon by the Council until it has received the recommendation of the Planning Commission or until sixty(60)days have elapsed from the date it has been referred to the Planning Commission for its study and report. Site Plans for City owned park property may not be acted upon by 8 the Council until it has received the recommendation of the Parks, Recreation and Natural Resources Commission or until sixty (60) days have elapsed from the date it have been referred to the Parks, Recreation and Natural Resources Commission for its study and report. Section 7. 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 8. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 5th day of September, 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. 9 STAFF REPORT TO: Planning Commission FROM: Beth Novak-Krebs, Senior Planner DATE: July 19, 2017 SUBJECT: Code Amendment—Park Zoning District BACKGROUND The Comprehensive Guide Plan adopted in 2009 includes a land use category for Parks/Open Space. There are a number of properties identified as Parks/Open Space on the Guide Plan Map. State law requires zoning to conform to the guide plan. One of the implementation strategies outlined in the Comprehensive Guide Plan is to amend the zoning map and ordinance to reflect the policies in the plan. The properties that are designated as Park/Open Space in the 2009 Comprehensive Plan are zoned a variety of different zoning districts including Rural, Public, R1-13.5, R1-9.5, RM-6.5, RM-2.5, I- Gen,Office,and Commercial.For the past several months,staff has been preparing draft language to create a new Park Zoning District and associated regulations. The intent of the Park Zoning District is to ultimately apply these draft zoning regulations to City-owned parks and open space in order to bring the Comprehensive Plan and Zoning for these sites into compliance. The draft ordinance creates a Park Zoning District and regulations that establish permitted uses, setbacks, parking lot design standards, architectural standards and other standards for properties zoned to Park. Following is a summary of the standards: • The permitted uses proposed in the district include a number of government owned and operated sites providing recreation such as parks, playgrounds, community centers, or other similar uses. The City's historical buildings, the public environmental education center, public conservation areas and recreation related structures and amenities that support the primary use of the site are also included. • The building setbacks are proposed at 35' front, 25' side and 50' rear. • The parking lot standards are applicable to parking lots that are new or enlarged after the adoption of the ordinance to minimize nonconformities. The parking lot setbacks are 20' front, 10' side, and 50' rear. • The fencing standards will bring the existing tall fencing around athletic fields,ball diamonds,courts and similar uses into conformance and allow similar fencing that is new to exceed the existing 7' maximum height standard. All other fencing in the proposed Park District is required to meet the maximum 7'height standard consistent with City Code and Building Code. Staff Report—Park Zoning District July 19, 2017 • Landscaping standards apply to landscaping that is required after the adoption of the ordinance to minimize creation of nonconformities. The standards require mechanical equipment screening, general screening, and using a combination of trees, shrubs, perennials, and ornamental grasses to create a diverse and well balanced design. • The lighting standards bring the existing athletic field lighting fixtures into conformance and allow similar new lighting to be a maximum of 100' tall. All new lighting fixtures installed after the adoption of the ordinance will have to meet the standards as proposed in the ordinance. • As proposed, the architectural standards apply to all new buildings that require a building permit and are visible from the right-of-way and/or a differing land use.The intent is that the existing Design Guidelines be used as the standard for the architectural design of the building. The buildings should be compatible with the built environment surrounding the park, fit the context of the site and further the intent and goals of the Design Guidelines including the development of high quality projects balanced with aesthetics,function,surrounding environment and economics. There are a number of minor amendments to other sections of Chapter 11 that are being proposed. These amendments are necessary to provide reference and consistency between the Park District language and other parts of the Chapter. The standards as proposed will create only a few nonconformities. In order to eliminate those nonconformities, the City anticipates requesting variances for those specific situations when the property is rezoned to the Park District.A similar approach was used when schools were rezoned to the Public District. This draft language has been reviewed by the Parks,Recreation,and Natural Resources Commission. The Commission expressed its support for the draft ordinance. It has also been reviewed by the Community Development Director, the Parks and Recreation Director, and the Parks and Natural Resources Manager and City Attorney. Provided the Park District language is adopted,the next step is to begin rezoning properties to Park. The adoption of these amendments does not impact specific properties until such time as they are rezoned. The rezoning of properties will require a public process. STAFF RECOMMENDATION Staff recommends approval of the Ordinance adding the Park Zoning District and associated amendments of other sections of Chapter 11 related to the Park Zoning District. 2 APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY,JULY 24, 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 Villarreal 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 Villarreal was absent. IIII. APPROVAL OF AGENDA MOTION: Wuttke moved, seconded by Weber, to approve the agenda. Motion carried 8-0. IV. MINUTES A. PLANNING COMMISSION MEETING HELD MONDAY,JULY 10, 2017 Kirk had a change on page 3, paragraph 6, first sentence. He would like it to read, "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." Farr said in regards to the discussion on the designation of the TOD zoning district and what it would be zoned to, he said the three options discussed were TOD-R, TOD-MU, and TOD-E. He would like this added to the record that he and Commissioner Weber thought the TOD-MU would be more appropriate than TOD-R, which staff recommends and that Staff gave adequate answers to support TOD-R. Klima commented that TOD-MU and TOD-R are very similar in PLANNING COMMISSION MINUTES July 24, 2017 Page 2 performance standards. The intention behind TOD-R is because there is more of a significant impact with the residential use than mixed use. DeSanctis would like the comments he provided on July 10, 2017 added to the minutes in regards to linkage between the park and retail centers to the south and east and the property development. MOTION: Weber moved, seconded by Kirk, to table approving the minutes until the next Planning Commission Meeting. Motion carried 8-0. V. INFORMATIONAL MEETINGS VI. PUBLIC MEETINGS VII. PUBLIC HEARINGS A. CODE AMENDMENT RELATED TO PARKS ZONING DISTRICT Request to: • Amend City Code, Chapter 11 relating to Parks Zoning District Klima stated this is an amendment to create a Park Zoning District. The Comprehensive Guide Plan adopted in 2009 includes a land use category for Parks/Open Space. State law requires zoning to conform to the guide plan. The properties that are designated as Park/Open Space in the 2009 Comprehensive Plan are currently zoned a variety of different zoning districts including Rural, Public, Gen, Office and Commercial. Staff has been working to create a Park Zoning District and regulations that would establish permitted uses, setbacks,parking lot design standards, architectural standards and other standards for properties zoned to Park. The standards as proposed will create a few non conformities. In order to eliminate those, the City anticipates the potential for requesting variances for those specific situations when a specific property is rezoned to the Park District. A similar approach was used when schools were rezoned to the Public District. The draft language has been reviewed by the Parks, Recreation, and Natural Resources Commission. The Commission expressed its support for the draft ordinance. It has also been reviewed by the Community Development Director, the Parks and Recreation Director, the Parks and Natural Resources Manager and the City Attorney. Provided the Park District language is adopted, the next step would be to begin rezoning properties to Park. The adoption of these amendments does not impact specific properties until such time as the properties are rezoned. The rezoning of properties will require a public process. Staff recommendation is for approval. Farr asked Klima to address the non-conformities that was mentioned in the staff report. Klima said Staff worked to have a limited amount of non-conformities. As part of creation of the districts an inventory was done to address performance PLANNING COMMISSION MINUTES July 24, 2017 Page 3 standards such as parking lot setbacks,building heights and landscaping. Klima stated there have been a few times the language has been drafted to accommodate standards being applied moving forward for new or expansion projects. Freiberg asked Klima why there are so many different zonings for existing parks. Klima said the park system has been created over decades and with so many new properties developed over time there has been a need to create more parks within those areas and respective zoning districts. Therefore, the City needs to address Park Districts. Wuttke asked if Park District is exempt from some requirements and then setting them forth in others, such as parking lot setbacks. Klima said the draft language is split up into two different sections. Pages 1-4 include the text language specific for Park District. Pages 5-9 contain changes that have been made intermittently throughout the zoning ordinance. This is done to make sure the zoning ordinance references are consistent and include the parks ordinance. Farr commented the lighting issues talk about glare from illumination standards and directs you to 11.XX and asked if that is more or less in the body of the first two pages. Klima said it is referring back to the same standard and once that section of the ordinance is identified as to where Park District is included in the City Code the XX will be updated to reflect the appropriate section numbers. Farr commented that once this standard is established, then no lighting will be leaving the parking lot. Klima stated that statement is correct. Chair Pieper opened the meeting up for public input. There was no input. MOTION: Kirk moved, seconded by Freiberg, to close the public hearing. Motion carried 8-0. MOTION: Kirk moved, seconded by Freiberg, to recommend approval of the amendment of the City Code, Chapter 11, related to Parks Zoning District based on the information included in the staff report dated July 19, 2017 and its attachments. Motion carried 8-0. VIII. PLANNERS' REPORT There was no Planners' report IX. MEMBERS' REPORT X. CONTINUING BUSINESS XI. NEW BUSINESS PLANNING COMMISSION MINUTES July 24, 2017 Page 4 XII. ADJOURNMENT MOTION: Weber moved, seconded by Freiberg, to adjourn the Planning Commission meeting. Motion carried 8-0. Chair Pieper adjourned the meeting at 7:1 5 p.m. CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims September 5, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Sue Kotchevar, Office of the City Payment of Claims X. Manager/Finance Requested Action Move to: Approve the Payment of Claims as submitted(roll call vote) Synopsis Checks 254877—255462 Wire Transfers 1017624— 1017862 Wire Transfers 6221 —6256 City of Eden Prairie Council Check Summary 9/5/2017 Division Amount Division Amount 143,316 308 E-911 888 100 City Manager 3,000 309 DWI Forfeiture 1,055 101 Legislative 3,103 315 Economic Development 23,054 102 Legal Counsel 66,933 445 Cable PEG 4,139 110 City Clerk 99 502 Park Development 308,861 111 Customer Service 6,694 509 CIP Fund 51,080 112 Human Resources 294 512 CIP Trails 49,084 113 Communications 8,023 513 CIP Pavement Management 421 114 Benefits&Training 6,160 522 Improvement Projects 2006 23,857 131 Finance 198 529 Shady Oak Rd-CR 61 South 17,763 132 Housing and Community Services 11,255 531 Eden Prairie Road 1,445 133 Planning 11,286 532 EP Road Connect Flying Cloud 31,987 136 Public Safety Communications 1,163 536 General LRT 25,359 137 Economic Development 194 804 100 Year History 59 138 Community Development Admin. 200 Total Capital Projects Fund 539,051 150 Park Administration 1,030 151 Park Maintenance 61,969 601 Prairie Village Liquor 167,663 153 Organized Athletics 85 602 Den Road Liquor 321,209 154 Community Center 26,258 603 Prairie View Liquor 209,510 156 Youth Programs 36,659 605 Den Road Building 4,926 157 Special Events 14,715 701 Water Enterprise Fund 400,904 158 Senior Center 1,663 702 Wastewater Enterprise Fund 392,305 159 Recreation Administration 17,252 703 Stormwater Enterprise Fund 48,578 160 Therapeutic Recreation 51 Total Enterprise Fund 1,545,095 162 Arts 8,196 163 Outdoor Center 509 802 494 Commuter Services 17,397 164 Park Rental Facilities 551 803 Escrow Fund 41,716 168 Arts Center 3,216 806 SAC Agency Fund 13,925 180 Police 19,690 807 Benefits Fund 1,568,153 184 Fire 48,002 809 Investment Fund 10,426 186 Inspections 3,795 811 Property Insurance 338,710 200 Engineering 13,882 812 Fleet Internal Service 58,637 201 Street Maintenance 1,686,638 813 IT Internal Service 55,187 202 Street Lighting 66,190 814 Facilities Capital ISF 57,091 Total General Fund 2,272,267 815 Facilites Operating ISF 91,558 816 Facilites City Center ISF 120,893 301 CDBG 20,103 817 Facilites Comm.Center ISF 76,353 303 Cemetary Operation 2,936 Total Internal Svc/Agency Fund 2,450,046 312 Recycle Rebate 2,795 Total Special Revenue Fund 25,834 Report Total 6,871,989 435 2008B G.O.Improvement Bonds 13,692 448 2016A GO BONDS-WEST 70TH ST. 26,005 Total Debt Service Fund 39,697 City of Eden Prairie Council Check Register by GL 9/5/2017 Check# Amount Supplier/Explanation Account Description Business Unit Comments 1017765 1,196,141 GMH ASPHALT CORPORATION Asphalt Overlay Street Maintenance 2017 Bituminous Overlay Proj 255333 472,719 ALLIED BLACKTOP CO Seal Coating Street Maintenance 2017 Sealcoat Project 255408 336,852 LEAGUE MN CITIES INS TRUST Insurance Property Insurance PC Insurance Q1 &Q2 255416 333,073 METROPOLITAN COUNCIL ENVIRONMENTAL SERVI MCES User Fee Wasterwater Collection Wastewater Fee Sept17 6235 286,254 ULTIMATE SOFTWARE GROUP,THE Federal Taxes Withheld Health and Benefits Payroll Taxes 6254 273,320 ULTIMATE SOFTWARE GROUP,THE Federal Taxes Withheld Health and Benefits Payroll Taxes 1017776 272,306 ODESA II LLC Improvements to Land Park Acquisition&Development Riley Lake Park Improvements 254934 270,104 HEALTHPARTNERS Accounts Receivable Health and Benefits Premiums Aug17 255389 267,831 HEALTHPARTNERS Accounts Receivable Health and Benefits Premiums Sep17 6252 162,710 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA PR Ending 08.04.17 6233 162,261 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA PR Ending 07.21.17 6242 112,470 MINNESOTA DEPT OF REVENUE Sales Tax Payable Water Enterprise Fund Sales Tax July 2017 255343 69,136 BERGERSON-CASWELL INC Equipment Repair&Maint Water Capital 6224 66,200 WELLS FARGO BANK MINNESOTA NA Interest Water Capital 1017739 63,718 XCEL ENERGY Electric Street Lighting 254993 58,516 VIDEOTRONIX INC Other Assets Capital Maint.&Reinvestment 255447 57,082 TERRANOVA LLC Capital Under$25,000 FF&E-Furn,Fixtures&Equip. 1017828 51,997 GREGERSON ROSOW JOHNSON&NILAN LTD Legal Legal Criminal Prosecution 1017849 49,019 SRF CONSULTING GROUP INC Design&Engineering Stormwater Non-Capital 255433 47,000 REHBEIN'S AGRICULTURAL SERVICES Lime Residual Removal Water Treatment 1017815 44,052 ADVANCED ENGINEERING&ENVIRONMENTAL SE Equipment Repair&Maint Water Supply(Wells) 255214 40,787 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store 1017784 39,108 XCEL ENERGY Electric City Hall-CAM 254943 38,629 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store 1017835 36,104 LOGIS Network Support IT Operating 1017727 32,381 PARROTT CONTRACTING INC Equipment Repair&Maint Water Distribution 1017658 30,338 GREGERSON ROSOW JOHNSON&NILAN LTD Legal Shady Oak Rd-CR 61 South 255401 28,223 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store 6236 28,012 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits 1017824 27,886 DIVERSE BUILDING MAINTENANCE Janitor Service Prairie Village Liquor Store 1017711 27,441 ENVIRONMENTAL PROCESS INC Other Contracted Services Ice Arena Maintenance 1017710 26,979 DIVERSE BUILDING MAINTENANCE Janitor Service Prairie Village Liquor Store 255156 26,460 BLACKSTONE CONTRACTORS LLC Other Contracted Services CIP Trails 255057 26,060 H&B SPECIALIZED PRODUCTS INC Improvements to Land Park Maintenance Fixed Asset 1017812 25,453 WSB&ASSOCIATES INC Design&Engineering Park Acquisition&Development 255320 25,130 WEITZMAN STUDIOS INC Building Materials General LRT 255055 24,520 GREEN ACRES SPRINKLER COMPANY Improvements to Land Park Acquisition&Dev Fixed A 6256 24,197 EMPOWER Deferred Compensation Health and Benefits 1017659 24,091 HANSEN THORP PELLINEN OLSON Design&Engineering CIP Trails 6237 24,016 EMPOWER Deferred Compensation Health and Benefits 255053 21,649 GRAYMONT Treatment Chemicals Water Treatment 255111 21,335 SEBCO INC Other Contracted Services Facilities Capital 255115 20,874 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store 1017673 20,415 SRF CONSULTING GROUP INC Design&Engineering Engineering 255331 20,251 ABM ONSITE SERVICES-MIDWEST Tenant 1 -Cleaning Suppli City Hall-CAM 255070 20,032 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store Check# Amount Supplier/Explanation Account Description Business Unit Comments 254878 19,886 ABM ONSITE SERVICES-MIDWEST Tenant 1 -Cleaning Suppli City Hall-CAM 255294 19,563 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store 254972 18,710 PRAIRIE PARTNERS SIX LLP Waste Disposal Prairie Village Liquor Store 255014 18,641 BREAKTHRU BEVERAGE MINNESOTA BEER LLC Liquor Product Received Prairie Village Liquor Store 255346 18,461 BREAKTHRU BEVERAGE MINNESOTA BEER LLC Liquor Product Received Prairie View Liquor Store 255377 17,698 FIRE SAFETY USA INC Equipment Repair&Maint Capital Maint.&Reinvestment 254931 17,304 GRAYMONT Treatment Chemicals Water Treatment 6255 17,282 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits 255384 17,143 GRAYMONT Treatment Chemicals Water Treatment 255413 16,743 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating 254941 16,313 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store 1017844 16,192 NORTHWEST ASPHALT Other Contracted Services Capital Maint.&Reinvestment 1017795 16,103 GREENSIDE INC Contract Svcs-Lawn Maint. Facilities Capital 255429 15,850 PERZHU CONSTRUCTION LLC Other Contracted Services Rehab 255069 15,763 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store 254895 15,559 BREAKTHRU BEVERAGE MINNESOTA BEER LLC Liquor Product Received Prairie View Liquor Store 254981 15,532 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store 255160 15,389 BREAKTHRU BEVERAGE MINNESOTA BEER LLC Liquor Product Received Prairie View Liquor Store 6231 14,893 RADIANT SYSTEMS Bank and Service Charges Prairie View Liquor Store 254974 14,683 PRAIRIEVIEW RETAIL LLC Building Rental Prairie View Liquor Store 254980 14,392 SOCCER SHOTS Instructor Service Preschool Events 255437 14,322 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store 255161 14,018 BREAKTHRU BEVERAGE MINNESOTA WINE&SPIR Liquor Product Received Prairie Village Liquor Store 254896 13,847 BREAKTHRU BEVERAGE MINNESOTA WINE&SPIR Liquor Product Received Prairie View Liquor Store 255399 13,836 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store 255084 13,801 METROPOLITAN COUNCIL Other Revenue SAC Agency Fund 255213 13,675 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store 1017653 13,612 CENTERPOINT ENERGY SERVICES INC Gas Water Treatment 1017846 13,321 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical City Hall-CAM 255191 12,968 GRAYMONT Treatment Chemicals Water Treatment 255352 12,871 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store 254900 12,714 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store 255394 12,339 HOUSE OF PRINT Printing Community Brochure 255015 11,149 BREAKTHRU BEVERAGE MINNESOTA WINE&SPIR Liquor Product Received Prairie View Liquor Store 1017649 11,112 WSB&ASSOCIATES INC Other Contracted Services Park Acquisition&Development 1017729 10,886 PRAIRIE ELECTRIC COMPANY Other Contracted Services Park Acquisition&Dev Fixed A 255104 10,743 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store 6240 10,596 I-494 CORRIDOR COMMISSION Deposits 494 Corridor Commission 255347 10,497 BREAKTHRU BEVERAGE MINNESOTA WINE&SPIR Liquor Product Received Prairie View Liquor Store 6222 10,390 LIFE INSURANCE COMPANY OF NORTH AMERICA Life Insurance EE/ER Health and Benefits 254948 10,134 LAKE ASSAULT BOATS INC Equipment Repair&Maint Fire 255282 10,000 RIDGECREST EDEN PRAIRIE LLC Deposits Escrow 255127 9,946 VALLEY RICH CO INC Equipment Repair&Maint Water Distribution 1017672 9,891 SKYHAWKS Instructor Service Camps 6226 9,769 US BANK-CREDIT CARD MERCHANT ONLY Bank and Service Charges Finance 254970 9,591 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store 1017680 9,457 ZIEGLER INC Equipment Parts July 4th Celebration 1017830 9,263 HAWKINS INC Treatment Chemicals Water Treatment 6221 9,185 SELECT ACCOUNT HSA-Employer Health and Benefits 1017823 9,152 DAKOTA SUPPLY GROUP INC Merchandise for Resale Water Metering Check# Amount Supplier/Explanation Account Description Business Unit Comments 255012 9,138 BOLTON&MENK INC Design&Engineering Improvement Projects 2006 254879 9,136 ADVANTUS CAPITAL MANAGEMENT INC Interest Investment Fund 6245 9,105 SELECT ACCOUNT HSA-Employer Health and Benefits 6251 9,105 SELECT ACCOUNT HSA-Employer Health and Benefits 255017 8,912 CAPITOL BEVERAGE SALES LP Liquor Product Received Den Road Liquor Store 255043 8,820 FOREST BIOMEDICAL Laboratory Chemicals Water Treatment 255149 8,775 APPLIED ECOLOGICAL SERVICES INC Other Contracted Services Water Capital 255164 8,577 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store 1017667 8,106 MENARDS Landscape Materials/Supp Fire 255313 8,000 VALLEY GATE PROPERTY OWNER LLC Right of Way&Easement CIP Trails 1017731 7,875 SENIOR COMMUNITY SERVICES Other Contracted Services Housing and Community Service 1017811 7,874 WENCK ASSOCIATES INC Design&Engineering Stormwater Non-Capital 255229 7,800 LANDMARK REMODELING LLC Other Contracted Services TIF-EDEN SHORES SENIOR HOUSING 1017763 7,680 DAKOTA SUPPLY GROUP INC Repair&Maint. Supplies Water Metering 1017705 7,519 BIFFS INC Waste Disposal Park Maintenance 254898 7,470 CAMPION,BARROW&ASSOCIATES Employment Support Test Fire 255180 6,930 FINLEY BROS INC Other Contracted Services Flying Cloud Fields 255455 6,930 VERIZON WIRELESS Other Contracted Services Inspections-Administration 255439 6,910 SPACK CONSULTING Deposits Escrow 255140 6,904 ABM ONSITE SERVICES-MIDWEST Janitor Service Utility Operations-General 1017668 6,740 METRO SALES INCORPORATED* Other Rentals IT Operating 1017829 6,626 HANSEN THORP PELLINEN OLSON Design&Engineering Stormwater Capital 255250 6,500 MINNESOTA MUNICIPAL BEVERAGE ASSOCIATION Dues&Subscriptions Den Road Liquor Store 255283 6,500 RIGHTLINE DESIGN LLC Other Contracted Services Communications 255337 6,421 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store 1017712 6,410 ESS BROTHERS&SONS INC Repair&Maint. Supplies Wasterwater Collection 255374 6,406 DPC INDUSTRIES INC Treatment Chemicals Water Treatment 255078 6,396 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating 255005 6,386 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store 255189 6,144 GOODPOINT TECHNOLOGY INC Other Contracted Services Park Maintenance 255120 6,116 SUMMIT COMPANIES Contract Svcs-Fire/Life/Safe City Hall-CAM 254938 6,067 HOUSEAL LAVIGNE ASSOCIATES Other Contracted Services Planning 255339 5,985 ATHLETICA Building Park Acquisition&Development 6227 5,971 SAGE PAYMENT SOLUTIONS Bank and Service Charges Wastewater Accounting 1017758 5,687 A-SCAPE INC Contract Svcs-Lawn Maint. Fire Station#5 6239 5,560 SELECT ACCOUNT HRA Health and Benefits 254883 5,381 ARRIVE AT EDEN PRAIRIE Deposits Escrow 1017777 5,351 PIONEER MANUFACTURING COMPANY Operating Supplies Park Maintenance 1017684 5,324 BRAUN INTERTEC CORPORATION Testing EP Rd Connect to Flying Cloud 1017734 5,301 STREICHERS Training Supplies Police 255350 5,293 BWS HEATING&AIR CONDITIONING Other Contracted Services Economic Development Fund 255276 5,287 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store 254899 5,060 CANADA GOOSE MANAGEMENT INC Other Contracted Services Stormwater Non-Capital 255454 5,000 VALLEY VIEW ASSOCIATES LLC Right of Way&Easement CIP Trails 255067 4,950 INSITUFORM TECHNOLOGIES USA,INC Improvement Contracts Stormwater Collection 254990 4,913 UNITED STATES POSTAL SERVICE Postage Community Brochure 255411 4,849 LYNCH CAMPS INC Instructor Service Camps 254877 4,650 7575 MANAGMENT LLC Deposits Escrow 1017764 4,559 ESS BROTHERS&SONS INC Repair&Maint. Supplies Stormwater Collection 1017657 4,551 GRAINGER Cleaning Supplies Water Treatment Check# Amount Supplier/Explanation Account Description Business Unit Comments 254952 4,522 MILLER DUNWIDDIE Other Contracted Services Heritage Preservation 1017652 4,500 CDW GOVERNMENT INC. Software Maintenance IT Operating 1017660 4,480 HAWKINS INC Treatment Chemicals Water Treatment 254947 4,450 KRAFT TREE SERVICE INC Other Contracted Services Tree Removal 1017837 4,305 METROPOLITAN AIRPORTS COMMISSION Other Rentals Park Maintenance 255430 4,290 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store 1017648 4,244 WENCK ASSOCIATES INC Design&Engineering Stormwater Non-Capital 1017647 4,163 VINOCOPIA Liquor Product Received Prairie View Liquor Store 255365 4,111 COMMERCIAL ASPHALT CO Asphalt Overlay Street Maintenance 255027 4,087 COMMERCIAL ASPHALT CO Patching Asphalt Street Maintenance 254914 3,983 DEPT OF EMPLOYMENT/ECONOMIC DEVELOPMENT Interest Economic Development Fund 1017783 3,971 WM MUELLER AND SONS INC Patching Asphalt Capital Maint.&Reinvestment 255163 3,947 BROCK WHITE COMPANY LLC Asphalt Overlay Capital Maint.&Reinvestment 255060 3,917 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Board of Prisoner Police 255031 3,859 CUMMINS NPOWER LLC Equipment Parts Fleet Operating 255130 3,857 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store 255040 3,800 EULL'S MANUFACTURING CO INC Repair&Maint. Supplies Wasterwater Collection 1017839 3,800 MINNESOTA ROADWAYS CO Contract Svcs-Asphalt/Concr. Fitness/Conference-Cmty Ctr 1017718 3,799 JEFFERSON FIRE&SAFETY INC Repair&Maint. Supplies Fire 1017670 3,766 POMP'S TIRE SERVICE INC Tires Fleet Operating 1017751 3,741 METROPOLITAN FORD Equipment Repair&Maint Fleet Operating 1017840 3,638 MITY-LITE INC Supplies-Garden Room Garden Room Repairs 255419 3,635 MINNESOTA PIPE AND EQUIPMENT* Repair&Maint. Supplies Water Distribution 6229 3,594 SELECT ACCOUNT FSA-Dependent Care Health and Benefits 255201 3,486 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store 255306 3,450 THE ASPHALT CO Refunds CDBG-Public Service 254995 3,407 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store 6232 3,400 AMERICAN EXPRESS Bank and Service Charges Prairie View Liquor Store 1017807 3,391 TOEWE,GLENN A. Operating Supplies-Dept Events Fire 255251 3,384 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Riley Lake 255151 3,374 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store 254902 3,350 CEMSTONE PRODUCTS COMPANY Building Materials Stormwater Collection 254960 3,250 MOVEFWD INC Other Contracted Services Housing and Community Service 1017654 3,180 DAKOTA SUPPLY GROUP INC Merchandise for Resale Water Metering 1017756 3,083 VAN PAPER COMPANY Cleaning Supplies City Hall-CAM 254985 3,075 SUMMIT COMPANIES Contract Svcs-Fire/Life/Safe Water Treatment 255038 3,060 EDINA,CITY OF Equipment Repair&Maint Cable PEG 255460 3,045 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store 1017773 3,025 MINNESOTA ROADWAYS CO Contract Svcs-Asphalt/Concr. Den Bldg.-CAM 255278 3,000 POSTAGE BY PHONE RESERVE ACCOUNT Postage Customer Service 255359 3,000 CLEARPOINT STRATEGY Other Contracted Services Administration 1017674 3,000 ST CROIX ENVIRONMENTAL INC OCS-Well Field Mgmt Water Supply(Wells) 1017858 2,985 WALL TRENDS INC Other Contracted Services Economic Development Fund 1017818 2,948 ASPEN WASTE SYSTEMS INC. Waste Disposal Water Treatment 255018 2,937 CENTURYLINK Telephone City Hall-CAM 1017825 2,912 GENUINE PARTS COMPANY Equipment Parts Fleet Operating 255301 2,821 SUBURBAN RATE AUTHORITY Dues&Subscriptions City Council 255044 2,795 FOTH INFRASTRUCTURE&ENVIRONMENT LLC Other Contracted Services Recycle Rebate 255393 2,772 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store 254973 2,765 PRAIRIE RESTORATIONS INC Maintenance Contracts Park Maintenance Check# Amount Supplier/Explanation Account Description Business Unit Comments 255094 2,764 NAC Contract Svcs-HVAC Fitness/Conference-Cmty Ctr 255254 2,760 MN TACTICAL OFFICERS ASSOCIATION Training Supplies Police 255305 2,750 TECH SALES CO Maintenance Contracts Water Supply(Wells) 255407 2,699 LAVAN FLOOR COVERING Contract Svcs-General Bldg Fitness/Conference-Cmty Ctr 1017651 2,685 BIFFS INC Other Rentals July 4th Celebration 255428 2,672 PAUSTIS&SONS COMPANY Liquor Product Received Prairie View Liquor Store 255063 2,643 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store 255207 2,639 IMPACT PROVEN SOLUTIONS Other Contracted Services Water Accounting 254919 2,622 DPC INDUSTRIES INC Treatment Chemicals Water Treatment 1017738 2,527 WINE COMPANY,THE Liquor Product Received Prairie View Liquor Store 1017809 2,497 VAN PAPER COMPANY Cleaning Supplies Senior Center 255029 2,496 COUNTY MATERIALS CORPORATION Repair&Maint. Supplies Wasterwater Collection 255105 2,473 PINE PRODUCTS INC Landscape Materials/Supp Park Maintenance 254924 2,380 EHLERS&ASSOCIATES INC Other Contracted Services Escrow 254885 2,318 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store 1017701 2,317 VAN PAPER COMPANY Cleaning Supplies Fitness/Conference-Cmty Ctr 1017817 2,309 A-SCAPE INC Contract Svcs-Lawn Maint. Fire Station#3 1017646 2,280 VAN PAPER COMPANY Cleaning Supplies Garden Room Repairs 254933 2,273 HD SUPPLY WATERWORKS LTD Repair&Maint. Supplies Traffic Signs 6246 2,264 SELECT ACCOUNT FSA-Dependent Care Health and Benefits 1017702 2,233 VINOCOPIA Liquor Product Received Prairie View Liquor Store 255059 2,229 HD SUPPLY WATERWORKS LTD Repair&Maint. Supplies Water Distribution 254937 2,217 HOPKINS SCHOOL DISTRICT ISD270 Fiber Lease Payments IT Operating 254926 2,160 FINLEY BROS INC Repair&Maint. Supplies Staring Lake 1017663 2,156 KIDCREATE STUDIO Instructor Service Arts Center 254971 2,113 PINE PRODUCTS INC Landscape Materials/Supp Park Maintenance 255334 2,090 APPLIED ECOLOGICAL SERVICES INC Other Contracted Services Water Capital 254891 2,052 BERNICK'S WINE Liquor Product Received Prairie View Liquor Store 254954 2,023 MINNESOTA DEPARTMENT OF EMPLOYMENT Unemployment Compensation Organizational Services 255322 2,015 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store 255344 2,010 BERNICK'S WINE Liquor Product Received Prairie View Liquor Store 254951 2,000 MCCANN,SHAWN DANIEL Other Contracted Services July 4th Celebration 255298 1,979 SPORTS UNLIMITED Instructor Service Camps 255152 1,935 ARVIG Fiber Lease Payments IT Operating 254936 1,902 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store 1017767 1,888 JEFFERSON FIRE&SAFETY INC Protective Clothing-Turn Out G Fire 255349 1,877 BRYAN ROCK PRODUCTS INC Landscape Materials/Supp Park Maintenance 255023 1,875 CITY OF SAINT PAUL Tuition Reimbursement/School Police 254884 1,873 ARTEKA OUTDOOR SERVICES Other Contracted Services Street Maintenance 255150 1,873 ARTEKA OUTDOOR SERVICES Landscape Materials/Supp Street Maintenance 254950 1,841 MACQUEEN EQUIPMENT INC Equipment Repair&Maint Fleet Operating 255103 1,840 PAUSTIS&SONS COMPANY Liquor Product Received Prairie View Liquor Store 255037 1,815 EARL F ANDERSEN INC Repair&Maint. Supplies Water Distribution 255452 1,815 TWIN CITIES DOTS AND POP LLC Merchandise for Resale Concessions 1017714 1,815 FILTRATION SYSTEMS Supplies-HVAC City Hall-CAM 255081 1,800 MESSERLI&KRAMER Deposits 494 Corridor Commission 254927 1,798 FIRE SAFETY USA INC Equipment Repair&Maint Fire 1017782 1,787 WINE COMPANY,THE Liquor Product Received Prairie View Liquor Store 1017757 1,754 VINOCOPIA Liquor Product Received Prairie View Liquor Store 1017676 1,738 US HEALTH WORKS MEDICAL GRP MN,PC Health&Fitness Fire Check# Amount Supplier/Explanation Account Description Business Unit Comments 255197 1,700 GYM WORKS Equipment Repair&Maint Fitness Center 255450 1,686 TRUE FABRICATIONS Liquor Product Received Prairie View Liquor Store 255246 1,672 MILIO'S SANDWICHES AR Utility Water Enterprise Fund 255319 1,658 WATER CONSERVATION SERVICES INC Other Contracted Services Water Distribution 255054 1,647 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Concessions 254894 1,626 BOURGET IMPORTS Liquor Product Received Prairie View Liquor Store 1017748 1,625 GUNNAR ELECTRIC CO INC Other Contracted Services Staring Lake 254928 1,619 FLEET MAINTENANCE INC Equipment Repair&Maint Fleet Operating 1017819 1,611 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store 255112 1,605 SIGNSOURCE Printing Arts 1017650 1,591 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store 1017768 1,584 KAMIDA INC Other Contracted Services Park Maintenance 254932 1,565 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Concessions 255146 1,555 ANDERBERG INNOVATIVE PRINT SOLUTIONS INC Printing Police 254968 1,555 PAUSTIS&SONS COMPANY Liquor Product Received Prairie View Liquor Store 1017759 1,522 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store 1017860 1,515 WINE COMPANY,THE Liquor Product Received Prairie View Liquor Store 254942 1,514 JOHN HENRY FOSTER MINNESOTA INC Equipment Repair&Maint Water Treatment 255041 1,511 FIRST MINNETONKA CITY BANK Deposits 494 Corridor Commission 255193 1,500 GRIFFIN JEFF&FARLEY TERRY Refunds Water Conservation 255414 1,500 MARTIN-MCALLISTER Employment Support Test Organizational Services 255155 1,467 BERNICK'S WINE Liquor Product Received Prairie View Liquor Store 255042 1,454 FLEET MAINTENANCE INC Equipment Repair&Maint Fleet Operating 255162 1,444 BRICKS 4 KIDZ Instructor Service Camps 255358 1,418 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie View Liquor Store 255181 1,415 FIRE SAFETY USA INC Equipment Parts Fleet Operating 255387 1,412 GYM WORKS Equipment Repair&Maint Fitness Center 255330 1,400 3M Capital Under$25,000 Capital Maint.&Reinvestment 254939 1,368 HUELER KELLI AND GREG Reimbursement-legal notices Escrow 255382 1,353 GOPHER STATE ONE-CALL OCS-Leak Detection Utility Operations-General 255366 1,351 COSTCO Merchandise for Resale Organizational Services 255369 1,344 DALE GREEN COMPANY,THE Landscape Materials/Supp Street Maintenance 1017798 1,334 LYNDALE PLANT SERVICES Contract Svcs-Int.Landscape City Hall-CAM 1017761 1,317 CENTERPOINT ENERGY Gas Den Road Liquor Store 1017637 1,306 GREENSIDE INC Contract Svcs-Lawn Maint. City Hall-CAM 255096 1,305 NATIONAL MARTIAL ARTS ASSOCIATION,INC Instructor Service Lesson Skills Development 255009 1,300 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating 255368 1,300 D H EXCAVATING Other Contracted Services Pleasant Hill Cemetery 255388 1,295 HD SUPPLY WATERWORKS LTD Equipment Parts Wastewater Lift Station 255125 1,290 US BANK Interest Investment Fund 1017639 1,275 MINNESOTA NATIVE LANDSCAPES Maintenance Contracts Stormwater Non-Capital 255272 1,266 PAUSTIS&SONS COMPANY Liquor Product Received Prairie View Liquor Store 255395 1,243 INDEED BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store 255391 1,231 HENNEPIN COUNTY UT DEPT Software Maintenance IT Operating 255461 1,228 WORKS COMPUTING INC Other Assets IT Capital 255449 1,225 TRI STATE BOBCAT INC. Equipment Parts Fleet Operating 6238 1,222 SELECT ACCOUNT FSA-Medical Health and Benefits 254940 1,198 INDEED BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store 6247 1,181 SELECT ACCOUNT Other Contracted Services Health and Benefits 1017821 1,168 CDW GOVERNMENT INC. Operating Supplies IT Operating Check# Amount Supplier/Explanation Account Description Business Unit Comments 255184 1,155 FLYING CLOUD TRANSFER STATION 4553 Waste Disposal Park Maintenance 1017688 1,149 CLAREY'S SAFETY EQUIPMENT Safety Supplies Park Maintenance 1017797 1,140 HIRSHFIELD'S Repair&Maint. Supplies Water Distribution 1017636 1,139 GENERAL PARTS LLC Equipment Repair&Maint Concessions 255379 1,132 FOREST BIOMEDICAL Lab Supplies Water Treatment 1017810 1,121 VINOCOPIA Liquor Product Received Prairie View Liquor Store 255211 1,113 J&R COMPLETE AUTO&RADIATOR Equipment Parts Fleet Operating 6243 1,101 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Operating 1017766 1,095 GRAINGER Supplies-HVAC Fitness/Conference-Cmty Ctr 255133 1,093 RIVERS EDGE CONCRETE Asphalt Overlay Capital Impr/Maint Fixed 255144 1,080 AMAZING ATHLETES OF SOUTHWEST METRO Instructor Service Preschool Events 1017716 1,079 GRANICUS INC Equipment Repair&Maint Cable PEG 254906 1,073 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie View Liquor Store 1017724 1,060 MITY-LITE INC Supplies-General Bldg Fitness/Conference-Cmty Ctr 1017836 1,059 MENARDS Asphalt Overlay Park Maintenance 255001 1,050 ADVANTAGE PROPERTY MAINTENANCE INC Other Contracted Services Park Maintenance 255332 1,034 ADESA MPLS Miscellaneous DWI Forfeiture 1017723 1,030 MINNESOTA RECREATION&PARK ASSOCIATION Conference/Training Parks Administration 1017781 1,029 WATSON CO INC,THE Merchandise for Resale Concessions 255039 1,024 ENVIRONMENTAL EQUIPMENT&SERVICES Equipment Parts Fleet Operating 1017857 1,021 VISTAR CORPORATION Merchandise for Resale Concessions 255457 1,021 WARNING LITES Contracted Striping Traffic Signals 1017861 1,018 XCEL ENERGY Electric Miller Park 255016 1,016 BRYAN ROCK PRODUCTS INC Landscape Materials/Supp Street Maintenance 255011 1,013 BERNICK'S WINE Liquor Product Received Prairie View Liquor Store 255230 1,000 LANO EQUIPMENT INC Repair&Maint. Supplies Wasterwater Collection 255244 1,000 METRO CISM TEAM Conference/Training Police 255168 983 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store 255109 980 RANDY'S ENVIRONMENTAL SERVICES Waste Disposal City Hall-CAM 1017695 965 PHYSIO CONTROL INC EMS Supplies-EMS Supplies Fire 1017704 959 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store 1017804 946 SITEONE LANDSCAPE SUPPLY,LLC Chemicals Park Maintenance 255427 946 PARK NICOLLET CLINIC Health&Fitness Fire 255090 942 MODIST BREWING COMPANY Liquor Product Received Prairie View Liquor Store 255049 942 GARY CARLSON EQUIPMENT Equipment Repair&Maint Stormwater Collection 1017679 941 WINE COMPANY,THE Liquor Product Received Prairie View Liquor Store 255175 937 DODGE OF BURNSVILLE Equipment Repair&Maint Fleet Operating 255309 933 TIMBERLAND OUTDOOR SERVICES INC Equipment Repair&Maint Water Distribution 1017635 915 FLEETPRIDE INC Equipment Parts Fleet Operating 255297 905 SPOK,INC. Pager&Cell Phone IT Operating 255074 863 LAKE COUNTRY DOOR LLC Repair&Maint-Ice Rink Ice Arena Maintenance 1017813 851 YOUNGSTEDTS COLLISION CENTER Equipment Repair&Maint Fleet Operating 255329 845 3CMA Dues&Subscriptions Communications 1017746 833 GREENSIDE INC Contract Svcs-Lawn Maint. City Hall-CAM 255417 823 MINNESOTA ATHLETIC APPAREL Operating Supplies-Dept Events Fire 255208 822 INDEED BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 254920 818 DURYEE,PATRICIA Refunds Stormwater Non-Capital 255116 803 SPORTS UNLIMITED Instructor Service Camps 254992 802 VELOCITY STREETWEAR INC Operating Supplies-Dept Events Fire 1017771 796 MENARDS Small Tools Water Supply(Wells) Check# Amount Supplier/Explanation Account Description Business Unit Comments 255396 769 INSITUFORM TECHNOLOGIES,LLC Conservation Surcharge Escrow 254997 767 PETTY CASH Miscellaneous Engineering 255132 764 YORKTOWN OFFICES Deposits 494 Corridor Commission 255280 758 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Prairie Village Liquor Store 1017755 756 SULLIVAN,ANDREW J Travel Expense Utility Operations-General 254889 750 BASIC ANIMAL RESCUE TRAINING EMS Supplies-EMS Supplies Fire 255045 750 FREEWHEEL BIKE Deposits 494 Corridor Commission 255019 747 CENTURYLINK Telephone Water Treatment 255400 743 JOHN HENRY FOSTER MINNESOTA INC Maintenance Contracts Water Treatment 254949 743 LUPULIN BREWING COMPANY Liquor Product Received Prairie View Liquor Store 255165 731 CEMSTONE PRODUCTS COMPANY Asphalt Overlay Water Distribution 1017827 731 GRAINGER Equipment Parts Water Treatment 1017703 715 WENCK ASSOCIATES INC Design&Engineering Stormwater Non-Capital 255071 712 KEEPRS INC. Protective Clothing-Misc. Fire 1017831 704 HORIZON COMMERCIAL POOL SUPPLY Supplies-Pool Pool Maintenance 255327 695 RIVERS EDGE CONCRETE Other Contracted Services Capital Maint.&Reinvestment 255412 688 MACDONALD&MACK ARCHITECTS LTD Other Contracted Services Heritage Preservation 255265 684 OLSEN CHAIN&CABLE Operating Supplies Utility Operations-General 255248 681 MINNESOTA ATHLETIC APPAREL Operating Supplies-Dept Events Fire 255192 675 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Den Road Liquor Store 255269 669 ORGANIX SOLUTIONS Tenant 1 -Cleaning Suppli City Center Operations 6228 664 PMA FINANCIAL NETWORK INC Bank and Service Charges Wastewater Accounting 1017790 664 CUSTOM HOSE TECH Equipment Parts Fleet Operating 255219 660 KEEPRS INC. Protective Clothing-Misc. Fire 255079 659 MARCO INC Operating Supplies IT Telephone 254923 657 EDEN PRAIRIE COMMUNITY EDUCATION Building Rental Summer Theatre 255234 648 LUPULIN BREWING COMPANY Liquor Product Received Prairie View Liquor Store 1017721 641 METRO SALES INCORPORATED* Equipment Rentals IT Operating 255166 639 CENTURYLINK Telephone IT Telephone 255003 637 ALMETEK INDUSTRIES Capital Under$25,000 Stormwater Non-Capital 1017855 618 US HEALTH WORKS MEDICAL GRP MN,PC Employment Support Test Organizational Services 1017779 616 STREICHERS Clothing&Uniforms Police 254989 614 ULTIMATE SOFTWARE GROUP,THE Ultimate(prey.Ceridian) IT Operating 255304 610 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions 1017656 609 FASTSIGNS Building Materials Capital Maint.&Reinvestment 255064 605 HP INC Computers IT Operating 254998 600 ZINGHOPPERS GROUP LLC,THE Other Contracted Services Staring Lake Concert 255076 600 LEVY ADAM Other Contracted Services Staring Lake Concert 1017859 595 WATSON CO INC,THE Merchandise for Resale Concessions 1017644 593 SWANK MOTION PICTURES INC Licenses,Taxes,Fees Staring Lake Concert 1017805 593 SWANK MOTION PICTURES INC Licenses,Taxes,Fees Staring Lake Concert 255002 590 AGGREGATE INDUSTRIES Seal Coating Street Maintenance 255182 585 FISHER,KEVIN P&R Refunds Community Center Admin 1017675 581 TWIN CITY SEED CO Landscape Materials/Supp Riley Lake 255010 580 BECKER ARENA PRODUCTS INC Repair&Maint-Ice Rink Ice Arena Maintenance 255296 579 SPIRIT APPAREL AND STUFF Clothing&Uniforms Park Facilities 254969 573 TWIN CITIES DOTS AND POP LLC Merchandise for Resale Concessions 255004 573 AQUA LOGIC INC Repair&Maint. Supplies Pool Maintenance 255224 565 KODRU EQUIPMENT INC Equipment Parts Water Treatment 1017787 564 BOUNDLESS NETWORK Operating Supplies Community Center Admin Check# Amount Supplier/Explanation Account Description Business Unit Comments 1017826 553 GMH ASPHALT CORPORATION Conservation Surcharge Escrow 255348 551 BROTHERS FIRE PROTECTION Contract Svcs-Fire/Life/Safe Fitness/Conference-Cmty Ctr 255335 551 AQUA LOGIC INC Repair&Maint. Supplies Round Lake 1017802 550 SHAMROCK GROUP,INC-ACE ICE Liquor Product Received Prairie View Liquor Store 255061 550 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Other Contracted Services Rehab 255035 548 DOMACE VINO Liquor Product Received Prairie Village Liquor Store 1017700 543 THE OASIS GROUP Employee Assistance Organizational Services 1017686 539 BUSINESS ESSENTIALS Office Supplies Utility Operations-General 255345 532 BOUND TREE MEDICAL LLC EMS Supplies-EMS Supplies Fire 1017850 528 STAR TRIBUNE MEDIA COMPANY LLC Dues&Subscriptions Communications 1017662 527 J&D WINDOW CLEANING Janitor Service-General Bldg Den Bldg.-CAM 1017743 525 BUSINESS ESSENTIALS Office Supplies Utility Operations-General 255142 525 AIRGAS USA LLC Supplies-Pool Pool Maintenance 254955 519 MINNESOTA PIPE AND EQUIPMENT* Equipment Parts Water Distribution 1017713 517 FASTSIGNS Operating Supplies Winter Theatre 1017624 516 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Fire 1017627 515 BUSINESS ESSENTIALS Office Supplies Utility Operations-General 255325 500 WRIGHT ELISA Other Contracted Services Staring Lake Concert 255095 499 NAFA FLEET MANAGEMENT ASSOCIATION Dues&Subscriptions Fleet Operating 1017720 491 MENARDS Safety Supplies Water Treatment 255100 490 OUTDOOR ENVIRONMENTS INC Other Contracted Services Pleasant Hill Cemetery 255403 484 KENDELL DOORS&HARDWARE INC Contract Svcs-Security Outdoor Center Facilities 1017708 482 CENTERPOINT ENERGY Gas Prairie View Liquor Store 255072 480 KONA ICE Deposits 494 Corridor Commission 255121 479 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions 255381 469 GENERAL OFFICE PRODUCTS COMPANY Supplies-General Bldg Police City Center 255086 467 MINNEAPOLIS REGIONAL CHAMBER OF COMMERCE Deposits 494 Corridor Commission 1017762 466 CONCRETE CUTTING&CORING INC Small Tools Street Maintenance 1017847 461 PREMIUM WATERS INC Operating Supplies-Water Fire 255367 447 COURT SURFACES&REPAIR Conservation Surcharge Escrow 255426 446 OXYGEN SERVICE COMPANY EMS Supplies-Oxygen Supplies Fire 255410 446 LUPULIN BREWING COMPANY Liquor Product Received Prairie View Liquor Store 254986 445 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions 1017816 439 AMERITRAK Other Contracted Services Snow&Ice Control 1017754 431 SHAMROCK GROUP,INC-ACE ICE Liquor Product Received Den Road Liquor Store 254945 430 KEEPRS INC. Clothing&Uniforms Fire 255315 425 VIERE GRANITE CARVING INC Other Contracted Services Park Acquisition&Development 254984 423 STAPLES ADVANTAGE Office Supplies Police 1017741 418 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Prairie Village Liquor Store 254918 414 DOMACE VINO Liquor Product Received Den Road Liquor Store 255446 410 TALKPOINT TECHNOLOGIES INC Equipment Repair&Maint E-911 Program 1017740 403 ADAMS PEST CONTROL INC Contract Svcs-Pest Control Outdoor Center Facilities 255123 400 TOTAL ENTERTAINMENT Other Contracted Services Staring Lake Concert 255341 400 BARTON SAND&GRAVEL CO Waste Blacktop/Concrete Street Maintenance 255423 400 NOVAK STUMP REMOVAL Other Contracted Services Tree Removal 255033 399 DEPARTMENT OF HUMAN SERVICES Other Contracted Services Park Maintenance 1017655 399 ESS BROTHERS&SONS INC Repair&Maint. Supplies Wasterwater Collection 1017625 398 BERRY COFFEE COMPANY Merchandise for Resale Concessions 255354 394 CEMSTONE PRODUCTS COMPANY Asphalt Overlay Water Distribution 1017642 393 SHAMROCK GROUP,INC-ACE ICE Liquor Product Received Prairie View Liquor Store Check# Amount Supplier/Explanation Account Description Business Unit Comments 1017697 391 SHAMROCK GROUP,INC-ACE ICE Liquor Product Received Prairie View Liquor Store 1017634 391 FASTENAL COMPANY Safety Supplies Park Maintenance 1017633 391 ELLIS,ROBERT Mileage&Parking Engineering 254961 390 NAC Contract Svcs-HVAC Dunn Brothers 255092 390 MUEHLBAUER,THOMAS G Other Contracted Services Community Band 254901 389 CAPREF EDEN PRAIRIE LLC Building Rental Housing and Community Service 1017629 389 DANHAUSER,LINDSEY Mileage&Parking Special Events Admin 254903 388 CENTURYLINK Telephone IT Telephone 1017788 388 CHEMSEARCH Supplies-HVAC City Hall-CAM 254975 383 QUALITY REFRIGERATION Equipment Repair&Maint Concessions 1017814 380 ZEP SALES AND SERVICE Operating Supplies Fleet Operating 255082 375 METRO DINING CLUB Deposits Escrow 1017785 369 AMERIPRIDE LINEN&APPAREL SERVICES Operating Supplies-Linens Fire 254946 360 KENDELL DOORS&HARDWARE INC Repair&Maint. Supplies Fitness/Conference-Cmty Ctr 254893 358 BOUND TREE MEDICAL LLC EMS Supplies-EMS Supplies Fire 254987 354 THEIMER CHAD AR Utility Water Enterprise Fund 1017687 351 CHEMSEARCH Contract Svcs-Ice Rink Ice Arena Maintenance 254916 350 DIETHELM,TAMMY L Other Contracted Services Pleasant Hill Cemetery 255173 350 DIETHELM,TAMMY L Other Contracted Services Pleasant Hill Cemetery 255371 350 DIETHELM,TAMMY L Other Contracted Services Pleasant Hill Cemetery 255380 350 FORTERRA PIPE& PRECAST Repair&Maint. Supplies Stormwater Collection 1017760 349 BIFFS INC Waste Disposal Park Maintenance 254929 349 FORTERRA PIPE& PRECAST Repair&Maint. Supplies Stormwater Collection 254880 346 AIRGAS USA LLC Supplies-Pool Pool Maintenance 6223 346 US BANK-PAYMODE Bank and Service Charges Organizational Services 1017745 345 GREATAMERICA FINANCIAL SVCS Postage Customer Service 254983 345 STANTEC PLANNING/LANDSCAPE ARCHITECTURE Other Contracted Services Park Maintenance 1017671 344 PREMIUM WATERS INC Operating Supplies-Water Fire 1017632 337 DUNGAN,TRACY Mileage&Parking Concessions 255456 335 VESSCO INC Equipment Parts Water Treatment 254904 334 CINTAS CORPORATION #470 Cleaning Supplies Utility Operations-General 1017749 331 HIRSHFIELD'S Repair&Maint.Supplies Utility Operations-General 255047 327 GALCO Equipment Parts Water Supply(Wells) 255028 326 CORPORATE TECHNOLOGIES Deposits 494 Corridor Commission 254958 325 MINNESOTA ZOOMOBILE Other Contracted Services Staring Lake Concert 1017808 320 TOLL GAS AND WELDING SUPPLY Repair&Maint. Supplies Wasterwater Collection 254921 319 E A SWEEN COMPANY Merchandise for Resale Concessions 255006 318 ASTLEFORD EQUIPMENT COMPANY INC Equipment Parts Fleet Operating 1017742 316 BERRY COFFEE COMPANY Merchandise for Resale Concessions 1017669 312 MINNESOTA EQUIPMENT Equipment Parts Fleet Operating 255131 306 WORKS COMPUTING INC Hardware-Rpr&Mtc IT Operating 255257 304 MOST DEPENDABLE FOUNTAINS Repair&Maint. Supplies Park Maintenance 255385 302 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Prairie View Liquor Store 254935 301 HENNEPIN COUNTY UT DEPT Equipment Repair&Maint Public Safety Communications 255000 300 SHERBURNE COUNTY SHERIFF'S DEPT Deposits Escrow 255058 300 HAERTL,DAN Other Contracted Services Staring Lake Concert 255390 300 HEALTHPARTNERS Health&Fitness Fire 1017737 300 US HEALTH WORKS MEDICAL GRP MN,PC Employment Support Test Organizational Services 1017780 300 US HEALTH WORKS MEDICAL GRP MN,PC Employment Support Test Organizational Services 255178 300 ENKI BREWING COMPANY INC Liquor Product Received Den Road Liquor Store Check# Amount Supplier/Explanation Account Description Business Unit Comments 254913 298 DAVANNI'S PIZZA Operating Supplies Safety Camp 1017833 297 KIDCREATE STUDIO Instructor Service Arts Center 254964 295 OLSON WAYNE Refunds Water Conservation 1017677 293 WATSON CO INC,THE Merchandise for Resale Concessions 255434 293 ROOTSTOCK WINE COMPANY Liquor Product Received Prairie Village Liquor Store 1017852 291 STREICHERS Clothing&Uniforms Police 255342 291 BASSWOOD FIRST TOWNHOUSE ASSOCIATION NV AR Utility Water Enterprise Fund 255085 290 MIDWEST COCA COLA BOTTLING COMPANY Liquor Product Received Prairie Village Liquor Store 1017770 288 LOGIS Network Support IT Operating 1017664 287 LOCATORS&SUPPLIES INC Operating Supplies Traffic Signals 254917 285 DNR Clothing&Uniforms Theatre Initiative 1017692 282 GREENSIDE INC Contract Svcs-Lawn Maint. Fire Station#1 255022 279 CINTAS CORPORATION #470 Cleaning Supplies Utility Operations-General 1017645 276 TYRA-LUKENS,NANCY Mileage&Parking City Council 254925 271 ENVIRONMENTAL RESOURCE ASSOCIATES Laboratory Chemicals Water Treatment 1017719 270 KIDCREATE STUDIO Instructor Service Arts Center 255357 270 CINTAS CORPORATION Safety Supplies Community Center Admin 255088 269 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Traffic Signals 255281 269 RIAD YOUSEFF AR Utility Water Enterprise Fund 255080 268 MEDICINE LAKE TOURS Special Event Fees Trips 255209 267 INDELCO PLASTICS CORP Repair&Maint. Supplies Round Lake 1017690 267 FLEETPRIDE INC Equipment Parts Fleet Operating 1017666 265 MATHESON TRI-GAS INC Operating Supplies Fleet Operating 1017706 264 CBIZ BENEFITS&INSURANCE SERVICES INC Other Contracted Services Organizational Services 254965 260 OUTDOOR ENVIRONMENTS INC Other Contracted Services Street Maintenance 255186 258 GAJAWADA RAMESH P&R Refunds Community Center Admin 1017772 258 MINNESOTA EQUIPMENT Equipment Parts Fleet Operating 1017853 257 TWIN CITY SEED CO Landscape Materials/Supp Riley Lake 255176 255 E A SWEEN COMPANY Merchandise for Resale Concessions 255113 255 SMALL LOT MN Liquor Product Received Prairie View Liquor Store 255137 255 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 1017678 255 WICHTERMAN'S LTD Equipment Repair&Maint Fleet Operating 254915 252 DIAMOND MOWERS INC Equipment Parts Fleet Operating 1017794 252 FLEETPRIDE INC Equipment Parts Fleet Operating 255291 251 SECK ALLAN AR Utility Water Enterprise Fund 255007 250 BALDINGER,WENDY Other Contracted Services Staring Lake Concert 255462 247 RIVERS EDGE CONCRETE Other Contracted Services Purgatory Creek Park 255050 245 GENERAL OFFICE PRODUCTS COMPANY Other Contracted Services Fire Station#1 255355 243 CENTURYLINK Other Broadband Internet Wastewater Lift Station 1017769 243 KIDCREATE STUDIO Instructor Service Arts Center 1017643 243 SITEONE LANDSCAPE SUPPLY,LLC Landscape Materials/Supp Staring Lake 1017728 242 PITNEY BOWES Office Supplies Customer Service 255135 240 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 255238 240 MATTS AUTO SERVICE INC Seal Coating Street Maintenance 255375 240 ENKI BREWING COMPANY INC Liquor Product Received Prairie View Liquor Store 254991 232 UNIVERSAL ATHLETIC SERVICES INC Operating Supplies Park Maintenance 254959 232 MOTOROLA SOLUTIONS INC Equipment Repair&Maint Public Safety Communications 1017665 230 LOGIS Network Support IT Operating 255083 229 METRO TRANSIT Design&Engineering General LRT 1017822 229 CONTINENTAL RESEARCH CORPORATION Supplies-Plumbing Fitness/Conference-Cmty Ctr Check# Amount Supplier/Explanation Account Description Business Unit Comments 255108 228 PRAIRIE RESTORATIONS INC Other Contracted Services Park Maintenance 255008 225 BARTON SAND&GRAVEL CO Waste Blacktop/Concrete Street Maintenance 255328 225 US POSTMASTER-HOPKINS Postage Customer Service 254967 224 PAPCO INC Janitor Service Fitness/Conference-Cmty Ctr 255124 224 UNITED STATES POSTAL SERVICE Postage Senior Center Admin 255052 221 GRAPE BEGINNINGS Liquor Product Received Den Road Liquor Store 255264 220 OBRIEN MOLLY AR Utility Water Enterprise Fund 255174 218 DIRECTV Cable TV Community Center Admin 255451 217 TURFWERKS Equipment Parts Fleet Operating 254982 217 SPIRIT APPAREL AND STUFF Clothing&Uniforms Community Center Admin 255440 217 STAPLES ADVANTAGE Office Supplies Customer Service 254886 210 AXON ENTERPRISE INC Equipment Repair&Maint Police 254911 203 COMCAST Cable TV Fire 254988 200 ULI MINNESOTA Dues&Subscriptions Community Development Admin. 255062 200 HINDING,CHRIS Other Contracted Services Staring Lake Concert 254963 200 NOKOMIS SHOE SHOP Clothing&Uniforms Inspections-Administration 255169 200 COMCAST Other Broadband Internet IT Operating 1017733 200 SPRINT Deposits 494 Corridor Commission 255046 199 G&K SERVICES-MPLS INDUSTRIAL Operating Supplies Park Maintenance 6234 199 ULTIMATE SOFTWARE GROUP,THE Garnishment Withheld Health and Benefits 6253 199 ULTIMATE SOFTWARE GROUP,THE Garnishment Withheld Health and Benefits 254957 196 MINNESOTA WANNER COMPANY Equipment Repair&Maint Park Maintenance 6244 196 VANCO SERVICES Bank and Service Charges Wastewater Accounting 254887 195 BAIRD MARK Refunds Water Conservation 254962 195 NICHOLS BRIAN Refunds Water Conservation 254922 194 EDEN PRAIRIE CHAMBER OF COMMERCE Miscellaneous Economic Development 255087 188 MINNESOTA TROPHIES&GIFTS Operating Supplies Police 255232 186 LEIBOLD SCOTT AR Utility Water Enterprise Fund 1017775 184 NORCOSTCO Other Rentals Theatre Initiative 255249 180 MINNESOTA BD OF PEACE OFFICER STANDARDS Dues&Subscriptions Police 254912 180 CUB FOODS EDEN PRAIRIE Operating Supplies Reserves 254976 177 RETROFIT COMPANIES,INC,THE Tenant 1 - -Supplies City Hall-Direct Costs 1017834 176 LEROY JOB TRUCKING INC Other Contracted Services Animal Control 1017699 175 SITEONE LANDSCAPE SUPPLY,LLC Operating Supplies Park Maintenance 255199 174 HENRY MARK Mileage&Parking Park Facilities 1017799 173 MPX GROUP,THE Printing Police 1017630 172 DAVIS,HEATHER Mileage&Parking Youth Programs Admin 1017709 170 CONCRETE CUTTING&CORING INC Protective Clothing Park Maintenance 255241 170 MCMAHON LYNN AR Utility Water Enterprise Fund 255020 168 CHANKASKA CREEK RANCH&WINERY,LLC Liquor Product Received Den Road Liquor Store 255102 168 PAPCO INC Janitor Service Fitness/Conference-Cmty Ctr 1017682 168 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Prairie View Liquor Store 255139 165 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 1017752 164 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 6248 163 OPTUM HEALTH Other Contracted Services Health and Benefits 1017793 161 FASTENAL COMPANY Safety Supplies Hidden Ponds Park 1017832 161 JEFFERSON FIRE&SAFETY INC Repair&Maint. Supplies Fire 255036 161 E A SWEEN COMPANY Merchandise for Resale Concessions 255293 158 SLATON JEFF AR Utility Water Enterprise Fund 1017691 157 GAEBEL KELLY Mileage&Parking Park Facilities Check# Amount Supplier/Explanation Account Description Business Unit Comments 1017753 153 R&R SPECIALTIES OF WISCONSIN INC Repair&Maint-Ice Rink Ice Arena Maintenance 255386 152 GS DIRECT Operating Supplies Engineering 254944 150 KAISER,DAVID S Capital Under$25,000 Fitness Center 254978 150 ROGOTZKE AMBER Refunds Water Conservation 255122 150 TANG STEVE Refunds Water Conservation 255206 150 IACP Dues&Subscriptions Police 255314 150 VANHEEST WALTER AR Utility Water Enterprise Fund 255422 150 MINT CONDITION DETAILING INC Equipment Repair&Maint Fleet Operating 1017747 150 GREGOIRE,DAVID Other Contracted Services Communications 1017856 150 USA SECURITY Maintenance Contracts Water Treatment 1017789 147 CLAREY'S SAFETY EQUIPMENT Safety Supplies Fleet Operating 255340 147 BADGER STATE INDUSTRIES Capital Under$25,000 Stormwater Non-Capital 255252 147 MINVALCO INC Supplies-HVAC Fitness/Conference-Cmty Ctr 255364 146 COMCAST Equipment Repair&Maint E-911 Program 255158 146 BOURGET IMPORTS Liquor Product Received Den Road Liquor Store 1017696 145 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 255459 145 WELSH COMPANIES Contract Svcs-General Bldg Fitness/Conference-Cmty Ctr 1017735 144 TWIN CITY SEED CO Landscape Materials/Supp Riley Lake 255424 143 OLSEN CHAIN&CABLE Operating Supplies Park Maintenance 254881 143 AQUA LOGIC INC Other Contracted Services Round Lake 1017744 142 FASTENAL COMPANY Equipment Parts Fleet Operating 255136 140 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 255353 140 CARVER COUNTY SHERIFF'S DEPT. Deposits Escrow 255425 139 OMEGA INDUSTRIES Equipment Repair&Maint Park Maintenance 1017707 138 CDW GOVERNMENT INC. Computers-Monitors IT Operating 255392 137 HENNEPIN COUNTY RESIDENT&REAL ESTATE Software Maintenance IT Operating 1017851 136 STERICYCLE INC Other Contracted Services Police 255128 136 VERIZON WIRELESS Telephone Police 255048 136 GALLS LLC Clothing&Uniforms Police 255303 134 SWORD SHIRLEY AR Utility Water Enterprise Fund 255026 133 COMCAST Deposits 494 Corridor Commission 254882 132 ARCPOINT LABS OF EDEN PRAIRIE Employment Support Test Organizational Services 255066 132 INDEED BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store 255220 132 KENNEDY,MICHAEL AR Utility Water Enterprise Fund 255097 131 NELSON,ROBIN Deposits 494 Corridor Commission 255119 130 SUBURBAN CHEVROLET Equipment Repair&Maint Fleet Operating 255266 129 OLSON DAVID AR Utility Water Enterprise Fund 255222 129 KLEMME KATIE P&R Refunds Community Center Admin 1017641 128 QUALITY PROPANE Motor Fuels Fleet Operating 1017640 128 MPX GROUP,THE Printing Fire 255279 128 PRINT SOURCE MINNESOTA Printing Theatre Initiative 255448 127 TRANSUNION RISK&ALTERNATIVE DATA Other Contracted Services Police 1017750 127 KRUEGER,MARK Operating Supplies Reserves 1017628 126 CUSTOM HOSE TECH Equipment Repair&Maint Wasterwater Collection 1017693 125 METROPOLITAN FORD Equipment Parts Fleet Operating 255089 125 MINT CONDITION DETAILING INC Equipment Repair&Maint Fleet Operating 255277 125 POFERL,CHRISTOPHER Tuition Reimbursement/School Fitness Classes 1017681 125 ADAMS PEST CONTROL INC Contract Svcs-Pest Control Fitness/Conference-Cmty Ctr 1017801 125 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 1017717 124 HORIZON COMMERCIAL POOL SUPPLY Chemicals Round Lake Check# Amount Supplier/Explanation Account Description Business Unit Comments 255299 124 STAPLES ADVANTAGE Office Supplies Customer Service 1017725 121 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 1017774 121 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 255032 120 DE MIRA MARIQUITA Deposits 494 Corridor Commission 255098 119 NORTHWEST LASERS INC Equipment Repair&Maint Engineering 255271 117 PANTALEO THEODORE AR Utility Water Enterprise Fund 255231 116 LARSON JOHN AR Utility Water Enterprise Fund 6230 114 MONEY MOVERS INC Other Contracted Services Community Center Admin 255013 114 BOURGET IMPORTS Liquor Product Received Den Road Liquor Store 255415 113 MELBY DAYNA Mileage&Parking Teen Programs 255167 113 CHRISTIANSON,DEBORAH AR Utility Water Enterprise Fund 255101 112 OXYGEN SERVICE COMPANY EMS Supplies-Oxygen Supplies Fire 255373 111 DODGE OF BURNSVILLE Equipment Parts Fleet Operating 255383 110 GRAPE BEGINNINGS Liquor Product Received Den Road Liquor Store 1017792 109 FAGNANT,SUSAN Operating Supplies Outdoor Center 255228 109 KRINHOP STEVEN AR Utility Water Enterprise Fund 255255 108 MONSON,CLARENCE AR Utility Water Enterprise Fund 255177 107 EMERSON,MICHAEL&KATHLEEN AR Utility Water Enterprise Fund 1017694 103 PERRY NICHOLAS L Mileage&Parking Tree Disease 254909 100 COMCAST Cable TV Fire 255361 100 COMCAST Cable TV Fire 1017689 100 FASTENAL COMPANY Safety Supplies Fleet Operating 254888 100 BARRETT,ADAM Refunds Water Conservation 254996 100 ZARNS,GEORGE Refunds Water Conservation 255091 100 MPPOA Dues&Subscriptions Police 255202 100 HOME DEPOT,THE False Alarm Fees General Fund 255336 100 ARCPOINT LABS OF EDEN PRAIRIE Employment Support Test Organizational Services 255356 100 CHESTER KRISTINA Refunds Water Conservation 255397 100 JANSEN JOE Refunds Water Conservation 255398 100 JENSEN KRISTINE Refunds Water Conservation 255404 100 KREBS LAURA Refunds Water Conservation 255409 100 LEE MEI-YING Refunds Water Conservation 255418 100 MINNESOTA DEPT OF LABOR AND INDUSTRY Licenses,Taxes,Fees Public Works/Parks 255435 100 SCW WIM INC Licenses,Taxes,Fees Fitness Classes 255453 100 Urbanski Jennifer L Refunds Water Conservation 1017800 100 PORTA,KITTY Mileage&Parking Records Management 255438 99 SOUTHWEST NEWS MEDIA Legal Notices Publishing City Clerk 255190 98 GOODWIN,BRUCE AR Utility Water Enterprise Fund 255406 98 LAURSEN PIANO SERVICE Other Contracted Services Senior Center Admin 254890 98 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating 255323 97 WOHLRABE BRIAN AR Utility Water Enterprise Fund 6249 97 MONEY MOVERS INC Other Contracted Services Community Center Admin 255285 97 ROSLAND PAUL AR Utility Water Enterprise Fund 1017638 96 GUNNAR ELECTRIC CO INC Other Contracted Services Pleasant Hill Cemetery 1017736 96 UPS Postage Utility Operations-General 255114 94 SNAP-ON TOOLS Small Tools Fleet Operating 1017862 93 ZIEGLER INC Equipment Parts Fleet Operating 255034 93 DODGE OF BURNSVILLE Equipment Repair&Maint Fleet Operating 255307 91 THEUNISSEN SUSAN AR Utility Water Enterprise Fund 254979 90 SHRED RIGHT Waste Disposal City Center Operations Check# Amount Supplier/Explanation Account Description Business Unit Comments 254999 90 MN DEPARTMENT OF NATURAL RESOURCES Licenses,Taxes,Fees Stormwater Non-Capital 1017820 90 BOBBY&STEVE'S AUTO WORLD EDEN PRAIRIE Equipment Repair&Maint Police 255126 88 US BANK Deposits 494 Corridor Commission 255117 87 SPRESSER KIRK Refunds Water Conservation 255436 87 SHEPPARD ELIZABETH Operating Supplies Outdoor Center 1017806 87 TEKIELA,STAN Operating Supplies Outdoor Center 255235 86 LUSK DAN AR Utility Water Enterprise Fund 255225 85 KRANE PROPERTIES,LLC AR Utility Water Enterprise Fund 255198 83 HENNEPIN COUNTY MEDICAL CENTER EMS Supplies-EMS Supplies Fire 255110 82 ROOTSTOCK WINE COMPANY Liquor Product Received Den Road Liquor Store 255284 81 ROBERTS SUZANNE AR Utility Water Enterprise Fund 255134 80 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 1017661 80 HD SUPPLY FACILITIES MAINTENANCE Supplies-General Building City Center Operations 255258 79 MUTNAN ANDREW AR Utility Water Enterprise Fund 255107 77 PRAIRIE LAWN AND GARDEN Landscape Materials/Supp Park Maintenance 255143 75 ALLINGHAM BRIAN AR Utility Water Enterprise Fund 1017683 75 BATTERIES PLUS Supplies-Electrical Den Road Liquor Store 255256 75 MORREY MICHAEL AR Utility Water Enterprise Fund 255051 75 GOLDEN JERRY Refunds Water Conservation 255195 72 GUSTAFSON CHAR AR Utility Water Enterprise Fund 1017838 71 MINNESOTA EQUIPMENT Equipment Parts Fleet Operating 255056 69 GROTH MUSIC Operating Supplies Community Band 1017786 69 BOLD,PAULINE Operating Supplies Outdoor Center 1017698 68 SIBLEY STERLING Mileage&Parking Tennis 254966 68 OXYGEN SERVICE COMPANY EMS Supplies-Oxygen Supplies Fire 255432 68 RANNOW RANDY Inspection Fee Housing Inspections 255243 67 MEDICINE LAKE TOURS Special Event Fees Trips 255318 66 WARMUTH JAY AR Utility Water Enterprise Fund 255445 66 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 1017841 65 MOOD MEDIA Other Contracted Services Prairie Village Liquor Store 255145 65 AMES AHREN AR Utility Water Enterprise Fund 255215 64 JOHNSON CHAD AR Utility Water Enterprise Fund 1017715 64 GRAINGER Repair&Maint. Supplies Economic Development Fund 255159 63 BRAUN RICHARD AR Utility Water Enterprise Fund 255286 63 RUSTICA EDEN PRAIRIE Refunds Stormwater Non-Capital 255289 62 SCHUH,JEFFREY AR Utility Water Enterprise Fund 255311 61 TRUE FABRICATIONS Liquor Product Received Prairie View Liquor Store 255338 60 ASPEN MILLS Protective Clothing-Misc. Fire 255259 60 NASH MATT Mileage&Parking Tennis 255205 60 HURSTON KARL AR Utility Water Enterprise Fund 255148 60 ANDERSON,KENNETH AR Utility Water Enterprise Fund 255077 59 LUBE-TECH ESI Equipment Repair&Maint Fleet Operating 255267 58 OMEGA INDUSTRIES Equipment Repair&Maint Park Maintenance 255372 58 DIRECTV Other Contracted Services Police 254977 55 RIZZO CHLOE Operating Supplies Arts Center 1017845 55 POMP'S TIRE SERVICE INC Equipment Repair&Maint Fleet Operating 1017843 55 NORCOSTCO Clothing&Uniforms Theatre Initiative 255273 54 PEARSON SAMUEL AR Utility Water Enterprise Fund 1017726 54 OSI BATTERIES INC Office Supplies Police 255153 54 AYOUCHE MEHDI AR Utility Water Enterprise Fund Check# Amount Supplier/Explanation Account Description Business Unit Comments 255157 52 BOUND TREE MEDICAL LLC EMS Supplies-EMS Supplies Fire 1017803 52 SIBLEY STERLING Mileage&Parking Tennis 1017722 51 MINNESOTA EQUIPMENT Equipment Parts Fleet Operating 1017626 51 BLUHM,ELLEN ELIZABETH Mileage&Parking New Adaptive 1017685 51 BUCHANAN,KURT Protective Clothing-Misc. Fire 1017791 50 DAVIS,HEATHER Mileage&Parking Playgrounds 254892 50 BERNIER DAWN Refunds Water Conservation 254897 50 CAMPBELL ERIC Refunds Water Conservation 255073 50 LAFFOND,SHANNON Refunds Water Conservation 255236 50 MAPLE PLAIN Training Supplies Police 255431 50 POWERS JOHN Refunds Water Conservation 255292 49 SEYS THERESA AR Utility Water Enterprise Fund 255075 48 LANO EQUIPMENT INC Equipment Parts Fleet Operating 255099 48 OFFICE OF MN IT SERVICES Other Contracted Services Police 255321 46 WERDIN DEBBIE AR Utility Water Enterprise Fund 255183 44 FLESCH,JOHN AR Utility Water Enterprise Fund 255405 44 LANO EQUIPMENT INC Equipment Parts Fleet Operating 255154 43 BECKER ARENA PRODUCTS INC Repair&Maint-Ice Rink Ice Arena Maintenance 1017732 42 SPRINT Pager&Cell Phone IT Operating 255118 42 STAPLES ADVANTAGE Office Supplies Customer Service 255260 41 NEIDT KERRI JO AR Utility Water Enterprise Fund 255287 40 SAVAGE MARY AR Utility Water Enterprise Fund 255068 40 IPMA-HR MINNESOTA Conference/Training Human Resources 255138 40 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 1017796 40 HALBAKKEN ALYSHA Mileage&Parking Park Facilities 254930 38 GENERAL REPAIR SERVICE Repair&Maint. Supplies Water Treatment 1017842 38 NEW FRANCE WINE COMPANY Liquor Product Received Prairie View Liquor Store 255210 36 IVERSON KITTY AR Utility Water Enterprise Fund 255274 35 PERKL KIM AR Utility Water Enterprise Fund 255300 34 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 255147 33 ANDERSON MATT AR Utility Water Enterprise Fund 255351 33 CAMPBELL NANCY Fire Prevention Supplies Fire 255324 33 WORM,SANDY Landscape Materials/Supp Round Lake 1017631 32 DOHERTY,KRISTEN Mileage&Parking Arts Center 255458 31 WAYTEK INC Equipment Parts Fleet Operating 255223 31 KNUDSEN PETER AR Utility Water Enterprise Fund 255240 30 MCCART ROBERT AR Utility Water Enterprise Fund 255203 28 HOPKINS SHAUN AR Utility Water Enterprise Fund 254907 27 COMCAST Other Contracted Services Police 254908 27 COMCAST Legal Fire 255170 27 COMCAST Cable TV Fire 255263 27 NOVAK STEPHANIE AR Utility Water Enterprise Fund 255129 27 WATCHGUARD VIDEO Equipment Parts Fleet Operating 255376 27 FELKER,BARBARA P&R Refunds Community Center Admin 255421 27 MINNESOTA WANNER COMPANY Landscape Materials/Supp Street Maintenance 255237 26 MARTIN JUDY AR Utility Water Enterprise Fund 255245 26 MIDDLETON JOAN AR Utility Water Enterprise Fund 255065 25 HUBERT SARAH Refunds Water Conservation 255402 25 KEEPRS INC. Protective Clothing Fire 255218 23 KEENAN KRISTINE AR Utility Water Enterprise Fund Check# Amount Supplier/Explanation Account Description Business Unit Comments 255171 23 COURTNEY OTIS AR Utility Water Enterprise Fund 255141 22 AILIE ADAM AR Utility Water Enterprise Fund 255216 21 JOHNSON MERRILL AR Utility Water Enterprise Fund 255024 21 CLEAN N PRESS MTKA Clothing&Uniforms Police 255441 21 STATE OF MINNESOTA Miscellaneous DWI Forfeiture 255021 20 CHRIS CASTLE INC Deposits 494 Corridor Commission 255239 20 MATT'S PLUBMING SOLUTIONS LLC Plumbing Permits General Fund 255196 20 GUSTAFSON DALE AR Utility Water Enterprise Fund 255253 19 MJOEN JESSICA AR Utility Water Enterprise Fund 255317 19 WALDRON,KEN AR Utility Water Enterprise Fund 255242 18 MCMULLEN CAROL AR Utility Water Enterprise Fund 255227 18 KRAUSE NOLAN AR Utility Water Enterprise Fund 255221 17 KHARRAT KHALIL AR Utility Water Enterprise Fund 255288 17 SCHOCK RANDY AR Utility Water Enterprise Fund 255106 17 POWER UP PRODUCTS LLC Merchandise for Resale Concessions 255204 16 HOWELL TRICIA AR Utility Water Enterprise Fund 254910 16 COMCAST Cable TV Fire 255362 16 COMCAST Cable TV Fire 255363 16 COMCAST Cable TV Fire 255247 15 MILLER MEGHAN AR Utility Water Enterprise Fund 254953 15 MINNEAPOLIS FINANCE DEPARTMENT Software Maintenance IT Operating 255217 15 JOHNSON WILLIAM R AR Utility Water Enterprise Fund 255226 15 KRANE PROPERTIES,LLC AR Utility Water Enterprise Fund 255172 15 DEBOISE ELIZABETH P&R Refunds Community Center Admin 255370 15 DEGENSTEIN,RUTH P&R Refunds Community Center Admin 6225 14 SQUARE Bank and Service Charges Community Center Admin 255295 14 SPAHN FRANK AR Utility Water Enterprise Fund 255378 14 FLECK JAMIE Operating Supplies Outdoor Center 255290 14 SCHWEER,LOIS AR Utility Water Enterprise Fund 255262 13 NORTH AMANDA AR Utility Water Enterprise Fund 254905 12 CLEAN N PRESS MTKA Clothing&Uniforms Police 255093 12 MULTIHOUSING CREDIT CONTROL Other Contracted Services Police 254994 12 WADDELL JUDY A AR Utility Water Enterprise Fund 255233 12 LEWIS,BARBARA AR Utility Water Enterprise Fund 255312 12 VADIVELU HARIHARAN AR Utility Water Enterprise Fund 255308 11 THILMONEY DILIANA AR Utility Water Enterprise Fund 255442 11 STATE OF MINNESOTA Licenses,Taxes,Fees Fleet Operating 255261 10 NEW CHAPTER VENTURES LLC AR Utility Water Enterprise Fund 255030 10 CULLIGAN Deposits 494 Corridor Commission 1017854 10 UPS Postage Planning 254956 10 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Riley Creek Woods 255179 10 FALKENSTEIN GARY P&R Refunds Community Center Admin 255326 10 ZOU,LIJUAN AR Utility Water Enterprise Fund 255420 10 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Riley Creek Woods 255270 10 OU JIA AR Utility Water Enterprise Fund 255187 10 GAMBLE DEBRA AR Utility Water Enterprise Fund 255316 10 WAJDA LES AR Utility Water Enterprise Fund 255188 9 GERBER MARYLEE AR Utility Water Enterprise Fund 255194 9 GRIN,GENNADIY AR Utility Water Enterprise Fund 255275 8 PETERSON COLE AR Utility Water Enterprise Fund Check# Amount Supplier/Explanation Account Description Business Unit Comments 255310 8 TONZOLA JOHN AR Utility Water Enterprise Fund 255212 8 JEAN LAURIE AR Utility Water Enterprise Fund 255025 7 COMCAST Cable TV Fire 255443 6 STAUB KEITH P&R Refunds Community Center Admin 255444 6 STEIGAUF BARBARA P&R Refunds Community Center Admin 255200 5 HILLIGOSS TYLER AR Utility Water Enterprise Fund 255302 5 SWANSON STEVEN AR Utility Water Enterprise Fund 255268 5 ONGNA,RICHARD AR Utility Water Enterprise Fund 255185 2 FREEMAN JASON AR Utility Water Enterprise Fund 255360 2 COMCAST Other Contracted Services Police 6,871,989 Grand Total CITY COUNCIL AGENDA DATE: SECTION: Report of the City Manager September 5, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Office of the City Manager/ Resolution certifying the proposed 2018 property tax XIV.B.1. Finance, Sue Kotchevar levy, accepting the proposed 2018 budget, setting the date for public hearing, and consenting and approving the HRA tax levy Requested Action Move to adopt the resolution that: • Certifies the proposed 2018 property tax levy to be $37,149,820; and • Sets December 12, 2017, as the meeting which will include discussion of the budget and provide for public comment; and • Accepts the proposed 2018 budget of$48,767,526; and • Consents and approves the HRA tax levy of$200,000. Synopsis Minnesota Law and administration rules prescribe a detailed process for public notification and participation in setting taxes and budgets of local governments. Cities must adopt a proposed net property tax levy by September 29 and certify it to the county auditor. In addition, the City Council must accept a proposed budget for the coming year. The City must announce at this Council meeting the future time and date of the regularly scheduled meetings at which the budget and levy will be discussed and public testimony taken. The Council must adopt a final tax levy and budget by December 28. Minnesota Law authorizes the HRA to levy a tax with the consent of the City Council. This resolution gives the consent needed for the HRA. Attachments Resolution 2018/2019 Proposed Budget Report CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2017- _ A RESOLUTION ADOPTING THE CITY'S PROPOSED 2018 PROPERTY TAX LEVIES,ACCEPTING A PROPOSED BUDGET FOR GENERAL OPERATIONS AND TAX-SUPPORTED OBLIGATIONS FOR 2018,AND CONSENTING AND APPROVING THE 2018 HRA LEVY WHEREAS, the City Council of the City of Eden Prairie has reviewed the City Manager's recommended 2018 budget and tax levies; and WHEREAS,the City Council has decided to accept these recommendations at this time. NOW, THEREFORE,BE IT RESOLVED,that the City Council: 1. Establishes the following proposed taxes on real and personal property within the City of Eden Prairie for the 2018 budget. Levy on Tax Capacity $ 36,274,820 Levy on Market Value 875,000 Total LEVY $ 37,149,820 The proposed total Levy may not be exceeded when the City Council sets the final tax levy for 2018. 2. Accepts the 2018 proposed levy of$37,149,820 and proposed budget totaling$48,767,526 at this time. 3. Consents and approves the 2018 HRA tax levy of$200,000. ADOPTED by the City Council on September 5, 2017. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk City of Eden Prairie 2018/2019 Proposed Budget City Council Meeting September 5, 2017 EDEN PRAIRIE Table of Contents Table of Contents 1 Introduction 2 Budget Objectives 3 City Survey 5 Tax Base 6 Tax Levy and Budget 7 Debt Levy 8 Capital Levy 9 General Fund Revenue Budget io General Fund Expenditure Budget ii Detailed Information 14 HRA 17 Conclusion 17 1 Introduction This document summarizes the City Manager recommended 2018/2019 operating budget as of 9/5/2017. The budget process started in March with the review of the Community Survey and will end in December with final approval and adoption of the budget. The process to date and future planned activities include the following: Internal Budget Process • 2016 - Complete City-Wide work plans • March/April - Internal service fund budgets prepared by managers • April 20 - Budget kick-off meeting • May 22 - Staff budget preparation work due • June - Departmental budget meetings held • City Manager, Directors, and Finance prepare for City Council Workshop Council Process • March 21 - City Council Workshop on the Community Survey • April 18 - City Council Planning Session • May 16 - City Council Workshop o Council accepts 2016 financial results o Council adopts 2017 budget adjustment o Council adopts financial policies • July 11 - City Council Workshops • September/October- Budget Engagement with CITY CONNECT • September 5 - Council adopts a preliminary tax levy and budget • November 14 - City Council Workshop on Enterprise Funds • December 12 - Public Meeting and Council adopts final tax levy and budget 2 Budget Objectives The City Council 2018/2019 budget objectives include the following: Achieve City Goals • Community Well-being&Safety • High Quality Efficient Services • Preserved &Beautiful Environment • Sense of Community • Innovative &Sustainable Practices • Economic Vitality Provide Value to Citizens • Maintain High Quality City Services • Reasonable Tax Impacts Maintain Strong Financial Position • Maintain Bond Rating o Balanced Budget o Maintain Fund Balance Policies o Conservative Estimates of Revenues and Expenditures o Review fees and charges annually, at a minimum adjust for inflation o Capital Planning City staff has completed workplans by division that demonstrates the planned strategies to accomplish the City's objectives and goals. In addition, the City strives to accomplish the following: • Sustain current levels of employee morale and engagement by implementing efficiencies and innovations that motivate employees to continually improve the organization and providing salary changes that are consistent with public and private sector trends. • Preserve Eden Prairie's exceptional image internally and externally • Enhance Sense of Community/Community identity o Involve citizens in decisions. Engagement opportunities will include Aspire Eden Prairie -the comprehensive plan update o Public Art Initiatives o Entry Monument signs 3 o Redesign and enhance the website o Promote historic properties o As trends and data warrant, change/improve park and recreation programs • Continual review for service efficiencies and innovations, the budget includes the following efficiencies and innovations: o Implementation of Sustainable Eden Prairie o Replacement of our Document Management System o Implement Business Licensing application o Implement technology for plan review processes o Implement new intranet site 4 City Survey The City uses the biannual citizen survey as one input tool for the budget. Surveys were randomly mailed to 2,000 households with 491 of the surveys completed. In addition, 1,398 opt-in surveys were taken and the results were weighted to reflect the community. The survey results are used to monitor trends in resident opinion, measure government performance, inform budget, land use, strategic planning decisions, and benchmark service ratings. Overall, survey results were positive with the following results: • Eden Prairie residents continue to enjoy a high quality of life. • A strong economy is a feature that makes Eden Prairie a desirable community. • Residents identified traffic-related issues as a problem, but otherwise did not identify major issues within the community. • Survey respondents are engaging more on the City website and provided insight into how they receive information about Eden Prairie. • Safety remains a strong community feature of Eden Prairie. 95% of residents rated overall quality of life as good or excellent which is the same as the previous survey. Also, 94% of residents rate the quality of City services as good or excellent which compares to 87% in the previous survey. 69% of residents rated the value of services for taxes paid as good or excellent compared to 62% from the last survey. The City Council recognizes the importance of balancing the value of City services with the cost. The survey provided valuable input and the City Council budget goals include initiatives to increase the sense of community and to communicate the value of City services. 5 Tax Base The ability to levy and collect taxes is based on property market values, tax capacities, and the City tax rates. The table below shows the history of these items since 2015. 2015 2016 2017 2018 Market Value $9.1 Billion $9.6 Billion $9.9 Billion $10.3 Billion Adjusted Net Tax Capacity $92,696,474 $100,274,286 $102,170,945 $105,823,909 City Tax Rate 33.74% 32.14% 32.48% 32.59% Below summarizes the City's tax impact for residential, apartment, and commercial properties based on current information from the County. Percent PropertyType 2016/2017 2017/2018 Difference Change Residential ($378,100) $ 1,211 $ 1,255 $ 44 3.6% Apartment($5M) $ 18,723 $ 20,803 $ 2,080 11.1% Commerd al ($2M) $ 8,034 $ 8,105 $ 71 0.9% Staff has calculated that a $340,000 change in the tax levy will impact the median value home by 1% or $12.00. 6 Tax Levy and Budget Below summarizes the proposed total tax levy and budget. Tax Levy 2017 2018 Percent 2019 Percent Fund Adopted Proposed Difference Change Proposed Difference Change General Fund $32,958,841 $ 34,296,820 $1,337,979 4.1% $35,325,724 $ 1,028,904 3.0% Capital Improvement Fund 200,000 300,000 100,000 50.0% 400,000 100,000 33.3% Debt Levy 2,553,000 2,553,000 - 0.0% 2,553,000 - 0.0% Sub-total 35,711,841 37,149,820 1,437,979 4.0% 38,278,724 1,128,904 3.0% LessFimai D isparity Distri buti on (1,672,350) (1,791,975) (119,625) 7.2% (1,791,975) - 0.0% Total Levy $34,039,491 $ 35,357,845 $1,318,354 3.9% $36,486,749 $ 1,128,904 3.2% As you can see, the levy is proposed to increase 3.9% in 2018 and 3.2% in 2019. This averages out to a 3.5% increase annually. The five-year average is 3.0% and the ten-year average is 1.8%. 7 Budget 2017 2018 Percent 2019 Percent Fund Adjusted Proposed Difference Change Proposed Difference Change General Fund $ 43,974,236 $ $45,914,526 $ 1,940,290 4.4% $ 47,339,190 $ 1,424,664 3.1% Debt 2,553,000 2,553,000 - 0.0% 2,553,000 - 0.0% Capital Levy 200,000 300,000 100,000 50.0% 400,000 100,000 33.3% Total City Budget $ 46,727,236 $ 48,767,526 $ 2,040,290 4.4% $ 50,292,190 $ 1,524,664 3.1% The budget is proposed to increase 4.4% in 2018 and 3.1% in 2019. This averages out to a 3.7% increase annually. The five-year average is 2.9% and the ten-year average is 2.2%. Debt Levy For 2018 and 2019 debt payments supported by the tax levy are projected to remain 5% to 6% of the general fund budget. The City has a policy of maintaining a percentage of 5% to 15% of the general fund budget as we consider this to be a moderate debt burden. Moody's Investors Service has assigned a rating of Aaa to the City of Eden Prairie's bond for every debt issue since 2003, the highest rating from Moody's. Standard & Poor's has also assigned a rating of AAA to the City of Eden Prairie's bonds outstanding, their highest rating as well. This ensures the City receives the most competitive interest rates. The City's bond ratings reflect Eden Prairie's extensive and diversified tax base, low amount of rapidly amortized debt, and capably managed operations. Of the 854 cities in Minnesota, there are only 14 rated Aaa by Moody's Investors Service and 19 rated AAA by Standard &Poor's. For 2018 and 2019 the total debt levy is the same as 2017 or $2,553,000. In 2018, the amount levied per issue is the same as 2017. For 2019, the 2008 and 2009 equipment certificates were paid off so those levies were eliminated and other debt levy payments increased. 8 Below summarizes the detail of the 2018/2019 debt levy. 2017 2018 Percent 2019 Percent Adopted Proposed Difference Change Proposed Difference Change Debt Levy on Tax Capacity 2008 Equipment Certificates $ 310,000 $ 310,000 $ - 0.0% $ - $(310,000) (100.0%) 2009 Equipment Certificates 40,000 40,000 - 0.0% - (40,000) (100.0%) 2012BSouthWest Fire Station 310,000 310,000 - 0.0% 310,000 - 0.0% 2014 Tax Abatement 1,018,000 1,018,000 - 0.0% 1,397,000 379,000 37.2% alb-total 1,678,000 1,678,000 - 0.0% 1,707,000 29,000 1.7% Debt Levy on Market Value 2011C Parks Referendum 725,000 725,000 - 0.0% 696,000 (29,000) (4.0%) 2012A Parks Referendum 150,000 150,000 - 0.0% 150,000 - 0.0% Slab-total 875,000 875,000 - 0.0% 846,000 (29,000) (3.3%) Total $2,553,000 $2,553,000 $ - 0.0% $2,553,000 $ - 0.0% Capital Levy The City prepares a ten-year capital improvement plan and updates the plan every other year. The Capital Improvement and Maintenance fund (CIMF) pays for capital projects that do not have another funding source, for example, playground replacement, repair and expansion of trails, parks - parking lot maintenance, public safety radio replacement, etc. The CIMF is funded through liquor operations profit, rental income, antenna revenue, a tax levy, miscellaneous revenue, and one-time funds the City receives. For example, when the general fund has positive operating results, amounts not needed to meet the fund balance policy have been transferred to the CIMF. The capital levy was increased from $200,000 to $300,000 for 2018 and to $400,000 for 2019. The additional funds are needed to maintain the City's strong pay-as-you-go method to pay for capital projects. 9 General Fund Revenue Budget Below summarizes the 2018/2019 proposed General Fund Revenue Budget. 2017 2018 Percent 2019 Percent Revenue Adjusted Proposed Difference Change Proposed Difference Change Taxes $ 32,383,664 $ 33,635,883 $ 1,252,219 3.9% $ 34,644,210 $ 1,008,327 3.0% Licenses and Permits 3,532,559 3,732,034 199,475 5.6% 3,757,034 25,000 0.7% Intergovernmental Revenue 1,312,048 1,311,182 (866) (0.1%) 1,311,182 - 0.0% Charges for Services 5,572,860 5,956,330 383,470 6.9% 6,193,695 237,365 4.0% Fines and Penalties 420,000 390,000 (30,000) (7.1%) 417,000 27,000 6.9% Other Revenue 354,000 374,000 20,000 5.6% 374,000 - 0.0% Transfers 270,000 396,223 126,223 46.7% 404,599 8,376 2.1% Total $ 43,845,131 $ 45,795,652 $ 1,950,521 4.4% $ 47,101,720 $ 1,306,068 2.9% Since the July City Council workshop, the revenue budget was increased $64,590 and $86,108 for 2018 and 2019 respectively. The City received fiscal disparity information from the County and also intergovernmental revenue was decreased to reflect a decrease in Municipal State Aid. This decrease in revenue was off-set by a decrease in expenditure. Tax revenue in the proposed budget is increasing 3.9% for 2018 and 3.0% in 2019. The tax revenue budget is increasing by a percentage smaller than the tax levy as the amount budgeted for delinquent tax revenue decreased. The City has been seeing more tax abatement as the County is catching up on court cases. Licenses and permits revenue is increasing $199,475 or 5.6% for 2018 and .7% for 2019. Significant items to note include the following: • Building permit and fees revenue is budgeted to increase $127,200 or 6% in 2018. This budget was held flat for 2019 as we budget a higher increase every other year. • Cable TV is increasing$60,000 or 7.1% in 2018 and $15,000 or 1.7% in 2019. Intergovermental revenue remains flat in 2018 and 2019. The State Aid Streets budget was decreased $68,866 but is off-set by a decrease in expenditures. Revenue increased $68,000 in 2018 primarily due to an increased budget for police training as a result of a bill passed this year to increase the amount available for police training across the state. For 2018, charges for services are increasing $383,470 or 6.9%. The largest part of the increase is for the community center which is increasing$295,990 or 6.7%over the previous year due to the acquatic and fitness expansion. All other charges for services are increasing $87,480 or 7.5%. For 2019, charges for services are increasing$237,365 or 4%. Fines and penalties have decreased significantly the past two years and vary each year. The budget decreased $30,000 or 7.1% in 2018 and increased $27,000 or 6.9% in 2019. io Transfers in increased as the utility funds are now charged for administrative costs related to human resources, finance, communications, and office of the City Manager. General Fund Expenditure Budget 2017 2018 Percent 2019 Percent Expenses Adjusted Proposed Difference Change Proposed Difference Change Administration $ 4,202,111 $ 4,508,138 $ 306,027 7.3% $ 4,455,461 $ (52,677) (1.2%) Community Development 2,353,529 2,413,820 60,291 2.6% 2,499,004 85,184 3.5% Parks and Recreation 11,423,202 12,245,110 821,908 7.2% 12,623,866 378,756 3.1% Police 13,879,364 14,612,944 733,580 5.3% 15,207,158 594,214 4.1% Fire 5,895,229 6,145,994 250,765 4.3% 6,414,595 268,601 4.4% Public Works 6,220,801 5,988,520 (232,281) (3.7%) 6,139,106 150,586 2.5% Total $ 43,974,236 $ 45,914,526 $ 1,940,290 4.4% $ 47,339,190 $ 1,424,664 3.1% Revenues Less Expenses $ (129,105) $ (118,874) $ 10,231 (7.9%) $ (237,470) $ (118,596) 99.8% Since the July City Council workshop, expenditures were decreased $100,000 and $75,000 for 2018 and 2019 respectively. The largest decrease is $80,000 for seal coating. This decrease was off-set by a decrease in State Street Aid revenue that will be used for seal coating out the Pavement Management Fund. As you can see, the 2018 and 2019 budgets currently are not balanced. With a balanced budget, expenditures will increase 4.1% and 2.9% in 2018 and 2019 respectively. Staff will work to balance the budget before the final budget is adopted. It is the City's policy to have a balanced budget and it is an important factor to the bond rating agencies. Expenditures are currently proposed to increase 4.4% in 2018 and 3.1% in 2019. The following graph shows the budget changes by category: 2018 Budget Changes $227,366 1111 •Wages Benefits •Other Contracted Services •Eledridty $423,130 •Use Charge- Property Insurance $1,094,830 •User Charge- Fleet Use-Charge- IT ■Usa-Charge- Fadlities $73,516 7 r Everything Else 440,377 $64,344 $32,686 J $64,795 Since the City provides significant services to the community, wages and benefits make up 62% percent of the general fund budget. The most significant categories include wages, pension and taxes,health insurance,part-time wages,and worker's compensation insurance. Other significant costs include amounts to maintain facilities, fleet services, information technology, electricity, and property insurance. These items make up another 24% of the budget. All other items make up 14% of the budget and consist of a variety of items on 84 different line items in each division's budget. 12 The chart below illustrates the make-up of the budget. 2018 Budget by Category $5,656,606 •Wages Benefits •Other Contracted Services $5,042,256 •Eledridty •User Charge- Property Insurance $2,137,788 •User Charge- Fleet User Charge- IT $2,409,012 $476654 Use-Charge- Facilities $1,056,782 Everything Else $1,014,470 J 13 Detailed Information Below provides information on the significant items in the budget. Wages/Benefits Wages Wages are increasing 2.3%and 3.9%in 2018 and 2019 respectively. This includes a 3%base increase each year, step increases, and performance pay. The 2018 increase is only 2.3% due to updated cost allocations with the utility funds. Without this change the increase would be 3.9%. There are no new employees included in the budget for 2018 or 2019. The City prepares the budget for wages by looking at trends within the private sector labor market and our local government peer group. Based on the compensation trends we are seeing,we are proposing a 3%wage increase in 2018 and 2019. This proposal is in line with our peer cities and the private sector. In 2018 our local government peer group is estimating the average increase will be 3%. Additionally, according to a recent study done by the Society of Human Resources Management (SHRM), private sector labor market is showing an average increase of 3.2% in 2018 after a 3.1% average increase in 2017 and 3% increase in 2016. Additionally,maintaining a competitive wage is important so that Eden Prairie maintains the lowest level unionization when compared to our benchmark communities. The results of a comprehensive 2012 wage study showed that the City was in line with the private and public sectors in the market. We must continue to provide similar increases as the private sector and our public sector peer cities to remain competitive. Wages - Part time Wages part-time is increasing $253,432 or 10.9% in 2018 and decreasing $75,285 or 2.9% in 2019. 2018 includes $95,000 for elections, $97,000 for fitness classes at the community center, and $50,000 for Police. Police includes $20,000 for an intern and $30,000 for a background investigator. Wages for 2019 are decreasing for elections. 14 Volunteer Wages/Duty Crew Volunteer wages are increasing $124,000 or 19.2% in 2018 and $55,000 or 7.1% in 2019. The duty crew model was implemented in July of 2012. Staff currently has four years of operating experience with duty crew. The budget is increasing due to planned increases in duty crew wages. Also, time spent on training is more than what was originally budgeted. This should bring the budget in line with historical expenditures. Fire Relief Pension Plan Firefighters of the City of Eden Prairie are members of the Eden Prairie Firefighter Relief Association. The Association is the administrator of the single-employer defined benefit pension plan available to firefighters. The plan is administered pursuant to Minnesota Statutes Chapter 69, Chapter 424A, and the Association's by-laws. As of December 31, 2016, membership includes 101 active participants, 98 retirees and beneficiaries currently receiving benefits, and 15 terminated employees entitled to benefit but not yet receiving them. Minnesota Statues specifies minimum support rates required on an annual basis by the City. The Association completes an actuarial study every two years which documents the required contribution from the City. For 2018 and 2019 the required amount is $981,026 annually which is $144,514 more than 2017. The City receives Fire Relief Pension Aid from the State of approximately$450,000 which offsets the City's required contribution. PERA The City pays public employees retirement (PERA) benefits for all eligible employees. Generally, all full time employees and part-time employees, who earn more than $425 a month,are PERA eligible. The City currently contributes 7.50%of salary for PERA except for the police and fire employees where the percent is 16.2%. The City also pays 7.65% of salary for FICA except for police and fire where the percentage is 1.45%. The City has budgeted $3,265,056 and $3,440,837 for PERA/FICA in 2018 and 2019. Health Insurance The health insurance budget is increasing 0% in 2018 and 5.8% in 2019. The City Council recently approved a five-year health insurance contract with HealthPartners. The rates for 2020, 2021, and 2022 are capped at 8%, 8%, and 9% respectively. Workers Compensation The workers compensation user charge is changing from $606,127 in 2017 to $518,088 in 2018 which is a 14.5% decrease. The 2017/2018 premium showed a 20% reduction due �5 mainly to the experience modification which decreased from .81 to .62. Also, workers compensation rates for each employee category change (increase and decrease) every year. For 2019 the charge is budgeted to increase to $570,496 which is a 10.1% increase. Facilities User Charges Facility user charges are increasing from $4,619,126 in 2017 to $5,042,256 in 2018 which is an increase of$423,130 or a 9.2% increase. $193,570 is related to updated cost allocations with the utility funds. While General Fund facility user charges increased, the net effect to the General fund is positive. Transfers in increased$126,223 since the utility funds are now charged for administrative costs related to human resources, finance, communications, and office of the City Manager. Also, General Fund wages were reduced $337,274 for updated allocations for employees that work in the utilities operations. The 2018 increase without this adjustment is an increase of$229,560 or 5.0%. The increase includes about $170,000 for the community center. The charges were increased to reflect actual operating costs. There are increases for supplies,cleaning and janitor service,window washing, pool supplies, and part time facility staff. IT User Charges For the General Fund, IT user charges are increasing from 2,064,272 in 2017 to $2,137,788 in 2018 a 3.6% increase. For 2019, $2,183,618 is budgeted which is a 2.1% increase. There are significant increases and decreases for the various divisions as the computer counts and categories counted, desktop computer, laptops, and tablets, were updated. Also, police and fire no longer use rugged laptop computers which decreased costs in those areas. Costs for software maintenance and the cost for data plans have the largest increases. Amounts for software include an upgrade to Exchange 365 and maintenance costs for new plan review software. As tablets have been added to various areas,there has been an increase in demand for data plans. 16 Fleet Services User Charges Fleet services user charges for the general fund are decreasing 1.7% in 2018 and increasing 2.3% in 2019. The Fleet Services budget is able to hold fairly constant through this budget cycle primarily due to the anticipated stability of fuel prices and the City's continued efforts to conserve fuel and improve vehicle and equipment fuel economy. HRA The HRA levies and pays for wages and benefits related to the support of housing in the City. It includes staff time from Housing and Community Services, Community Development, Planning, Economic Development,and Fire. Wages and benefits total$193,672 for 2018 and $202,248 for 2019. Conclusion This document is intended to provide information on the proposed 2018/2019 City of Eden Prairie budget. If you have any questions about the budget contact a member of the finance team or the individual operating areas. 17