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Home My WebLink AboutCity Council - 10/17/2017 AGENDA CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY, OCTOBER 17, 2017 CITY CENTER 5:00—6:25 PM,HERITAGE ROOMS 6:30—7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Nancy Tyra-Lukens, Council Members Brad Aho, Sherry Butcher Wickstrom, Kathy Nelson, and Ron Case CITY STAFF: City Manager Rick Getschow, Police Chief James DeMann, Fire Chief George Esbensen, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, Communications Manager Joyce Lorenz, City Attorney Ric Rosow, and Recorder Jan Curielli Workshop-Heritage Rooms I and II(5:30) I. SUSTAINABLE EDEN PRAIRIE—SOLAR ENERGY Open Podium - Council Chamber(6:30) II. OPEN PODIUM III. ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, OCTOBER 17, 2017 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Council Members Brad Aho, Sherry Butcher Wickstrom, Kathy Nelson, and Ron Case CITY STAFF: City Manager Rick Getschow, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, City Attorney Ric Rosow, and Council Recorder Jan Curielli I. CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS A. DONATIONS FROM EDEN PRAIRIE CRIME FUND, OPTIMIST CLUB OF EDEN PRAIRIE AND VEIL ORTHODONTICS TOWARD HALLOWEEN ON THE MALL EVENT (Resolution) B. DONATION OF FRUIT TREES FROM HENNEPIN COUNTY V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, OCTOBER 3, 2017 B. CITY COUNCIL MEETING HELD TUESDAY, OCTOBER 3, 2017 VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. EDEN PRAIRIE ASSEMBLY OF GOD CHURCH by Station 19 Architects. Approve Second Reading of an Ordinance for PUD District Review on 10.06 acres; Resolution for Site Plan Review on 10.06 Acres; First Amendment to Development Agreement. C. ADOPT RESOLUTION SUPPORTING GRANT APPLICATION FOR DUCK LAKE ROAD RECONSTRUCTION IMPROVEMENT PROJECT CITY COUNCIL AGENDA October 17, 2017 Page 2 D. APPROVE STANDARD AGREEMENT FOR PROFESSIONAL SERVICES WITH HTPO FOR STARING LAKE PARK PLAY COURT IMPROVEMENT PROJECT E. AUTHORIZE PURCHASE AND IMPLEMENTATION OF AUDIO-VISUAL EQUIPMENT IN HERITAGE CONFERENCE ROOMS WITH EPA F. APPROVE 2018 PURCHASE OF REPLACEMENT VEHICLES AND EQUIPMENT G. APPROVE PURCHASE OF EPPD INVESTIGATOR VEHICLE H. DECLARE VEHICLES AND EQUIPMENT AS SURPLUS I. DECLARE OCTOBER 22, 2017 AS THE DAY TO COMMEMORATE THE BAHA'I COMMUNITY OF EDEN PRAIRIE IX. PUBLIC HEARINGS/MEETINGS A. 2017 SPECIAL ASSESSMENTS (Resolution) B. 2017 UNITED HEALTH GROUP SPECIAL ASSESSMENT (Resolution) X. PAYMENT OF CLAIMS XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS,AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR 1. LOWER MINNESOTA RIVER WATERSHED DISTRICT WATER MANAGEMENT PLAN AMENDMENT (Resolution) F. REPORT OF POLICE CHIEF CITY COUNCIL AGENDA October 17, 2017 Page 3 G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT ANNOTATED AGENDA DATE: October 17, 2017 TO: Mayor and City Council FROM: Rick Getschow, City Manager RE: City Council Meeting for Tuesday, October 17, 2017 TUESDAY, OCTOBER 17, 2017 7:00 PM, COUNCIL CHAMBER I. CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION Open Podium is an opportunity for Eden Prairie residents to address the City Council on issues related to Eden Prairie city government before each Council meeting, typically the first and third Tuesday of each month, from 6:30 to 6:55 p.m. in the Council Chamber. If you wish to speak at Open Podium, please contact the City Manager's Office at 952.949.8412 by noon of the meeting date with your name, phone number, and subject matter. If time permits after scheduled speakers are finished, the Mayor will open the floor to unscheduled speakers. Open Podium is not recorded or televised. If you have questions about Open Podium,please contact the City Manager's Office. IV. PROCLAMATIONS/PRESENTATIONS A. DONATIONS FROM EDEN PRAIRIE CRIME FUND, OPTIMIST CLUB OF EDEN PRAIRIE AND VEIL ORTHODONTICS TOWARD HALLOWEEN ON THE MALL EVENT (Resolution) Synopsis: Each year approximately 8,000 people gather at the Eden Prairie Center for live entertainment and trick-or-treating at the mall merchants. MOTION: Move to Approve Resolution Accepting the Donation of $1,250 from the Eden Prairie Crime Fund ($750), Optimist Club of Eden Prairie ($400) and Veil Orthodontics ($100) toward the Halloween on the Mall event. B. DONATION OF FRUIT TREES FROM HENNEPIN COUNTY Synopsis: Hennepin County donated twenty-eight fruit trees. A variety of apple, pear, apricot and plum trees were planted at Pioneer Park near the community garden and at Prairie View School Park near the Edible Playground Garden, with the help of Mr. Cooke's third grade class. Once the trees produce fruit, the fruit will be distributed by PROP to those who are in need. ANNOTATED AGENDA October 17, 2017 Page 2 V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Move to approve the agenda. VI. MINUTES MOTION: Move to approve the following City Council minutes: A. COUNCIL WORKSHOP HELD TUESDAY, OCTOBER 3, 2017 B. CITY COUNCIL MEETING HELD TUESDAY, OCTOBER 3, 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. EDEN PRAIRIE ASSEMBLY OF GOD CHURCH by Station 19 Architects. Approve Second Reading of an Ordinance for PUD District Review on 10.06 acres; Resolution for Site Plan Review on 10.06 Acres; First Amendment to Development Agreement. C. ADOPT RESOLUTION SUPPORTING GRANT APPLICATION FOR DUCK LAKE ROAD RECONSTRUCTION IMPROVEMENT PROJECT D. APPROVE STANDARD AGREEMENT FOR PROFESSIONAL SERVICES WITH HTPO FOR STARING LAKE PARK PLAY COURT IMPROVEMENT PROJECT E. AUTHORIZE PURCHASE AND IMPLEMENTATION OF AUDIO-VISUAL EQUIPMENT IN HERITAGE CONFERENCE ROOMS WITH EPA F. APPROVE 2018 PURCHASE OF REPLACEMENT VEHICLES AND EQUIPMENT G. APPROVE PURCHASE OF EPPD INVESTIGATOR VEHICLE H. DECLARE VEHICLES AND EQUIPMENT AS SURPLUS I. DECLARE OCTOBER 22, 2017 AS THE DAY TO COMMEMORATE THE BAHA'i COMMUNITY OF EDEN PRAIRIE ANNOTATED AGENDA October 17, 2017 Page 3 IX. PUBLIC HEARINGS/MEETINGS A. 2017 SPECIAL ASSESSMENTS (Resolution) Synopsis: Each year, the City Council holds a public hearing to consider levying the Special Assessments that have been identified over the previous 12 months. This year, the Council will address a list of projects and supplemental assessments for such things as trunk utility assessments and contracted removal assessments. Staff recommends Council approve the list of assessments. MOTION: Move to: • Close the Public Hearing; and • Adopt Resolution Approving the Special Assessments Presented in Fall 2017 B. 2017 UNITED HEALTH GROUP SPECIAL ASSESSMENT (Resolution) Synopsis: Each year, the City Council holds a public hearing to consider levying the Special Assessments that have been identified over the previous 12 months. This year, the Council will address UHG's special assessment for improvements to Shady Oak Road. Staff recommends Council approve the assessment. MOTION: Move to Adopt Resolution Approving the United Health Group Special Assessment Presented in Fall 2017 X. PAYMENT OF CLAIMS MOTION: Move approval of Payment of Claims as submitted (Roll Call Vote). XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS,AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR ANNOTATED AGENDA October 17, 2017 Page 4 E. REPORT OF PUBLIC WORKS DIRECTOR 1. LOWER MINNESOTA RIVER WATERSHED DISTRICT WATER MANAGEMENT PLAN AMENDMENT (Resolution) Synopsis: The Lower Minnesota River Watershed District (LMRWD) is in the process of amending its Watershed Management Plan. As part of the plan amendment, the LMRWD proposes to establish new standards related to land-disturbing activity, vegetation removal, structure placement, development, and redevelopment of land near the Minnesota River Bluff. The LMRWD is proposing to expand on the current state definition of a bluff in the three following major areas: • The proposed standard no longer limits potential bluffs to areas within the state defined Shoreland Area. • The proposed standard lowers the minimum average slope threshold of a bluff area from 30% to 18%. • The proposed standard increases the bluff structure setback from 30 feet to 40 feet. MOTION: Move to Adopt Resolution to Oppose the Lower Minnesota River Watershed District's Proposed Changes to the Definition of a Bluff and Bluff Setback Area. F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Move to adjourn the City Council meeting. CITY COUNCIL AGENDA DATE: SECTION: Proclamations / Presentations October 17, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Parks and Recreation Donations for Halloween on the Mall IV.A. Jay Lotthammer Requested Action Move to: Adopt Resolution Accepting the Donation of$1,250 from the Eden Prairie Crime Fund($750), Optimist Club of Eden Prairie ($400) and Veil Orthodontics ($100) toward the Halloween on the Mall event. Synopsis Each year approximately 8,000 people gather at the Eden Prairie Center for live entertainment and trick-or-treating at the mall merchants. Donations such as these make this free family event possible. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2017- RESOLUTION RELATING TO ACCEPTANCE OF GIFTS BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT: The gift to the City in the amount of$1,250 to be used towards the Halloween on the Mall event from the Eden Prairie Crime Fund $750 Optimist Club of Eden Prairie $400 Veil Orthodontics $100 is hereby recognized and accepted by the Eden Prairie City Council. ADOPTED by the City Council of the City of Eden Prairie this 17th day of October, 2017. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Proclamations/Presentations October 17, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Parks and Recreation Donation of Fruit Trees from Hennepin County IV.B. Jay Lotthammer Synopsis Hennepin County donated twenty-eight fruit trees.A variety of apple,pear,apricot and plum trees were planted at Pioneer Park near the community garden and at Prairie View School Park near the Edible Playground Garden, with the help of Mr. Cooke's third grade class. Once the trees produce fruit, the fruit will be distributed by PROP to those who are in need. ITEM NO. VI. A. UNAPPROVED MINUTES CITY COUNCIL WORKSHOP AND OPEN PODIUM TUESDAY, OCTOBER 3, 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, Assistant City Engineer Randy Newton, Communications Manager Joyce Lorenz, City Attorney Ric Rosow, and Recorder Cynthia Harder GUESTS: Jim Alexander and Sarah Ghandour, Southwest Light Rail Transit Project Workshop-Heritage Rooms I and II(5:30) I. SOUTHWEST LIGHT RAIL TRANSIT Mayor Tyra-Lukens called the workshop to order at 5:32 p.m. and said the topic of the workshop is an update on Southwest Light Rail Transit(LRT). Getschow introduced Jim Alexander, Project Director of the Southwest Light Rail Transit Project, and Sarah Ghandour, Southwest Light Rail Transit Project's Assistant Manager of Design. Alexander announced he and Ghandour plan to cover three items in their update: civil construction, Eden Prairie Town Center Station design update and Eden Prairie Town Center Station North/West access concept. Alexander said the civil construction bids were reviewed at the core management committee last week. On September 20, Met Council voted to reject all four bids for the civil construction package, which includes the 14.5 miles of the project to Eden Prairie, due to cost and non-responsiveness issues. Alexander said they are working closely with Hennepin County and looking at cost saving opportunities while maintaining the new project start status, major scope elements (14.5 miles of LRT), and bidder interest. Alexander showed the re-solicit bid schedule as receiving bids in January 2018, awarding a contract in April 2018 and issuing a limited notice to proceed in May 2018. Tyra- Lukens asked if anyone is able to bid on the project. Alexander replied there are certain qualifications builders must meet in order to bid on this project and he did not expect any new entities to bid even though there is a small possibility that could happen. Alexander reviewed potential plan modifications for all cities that are part of the project, including waiving or reducing ROW and building permit fees; replacing poly preform striping tape with paint; poly wrapping pipes instead of coating pipes; and using chain link City Council Workshop Minutes October 3, 2017 Page 2 fencing instead of ornamental fencing at stations and corridors. Another modification specific to Eden Prairie was changing MnDOT bridge railings to chain link. Alexander confirmed there was not a strong interest from Met Council to remove stations; they are working to make the modifications to get the project approved through specification language. Tyra-Lukens asked for clarification on the difference between striping tape and paint for roads. Randy Newton, Assistant City Engineer, said Eden Prairie uses epoxy paint on all City roads and MnDOT uses tape then grinds it in because it's more permanent but more expensive. Case thought the cost of fencing was not a large amount compared to the rest of the project and asked how much switching to chain link would save. Alexander replied the estimated fencing cost is $1.5 million and the lowest bid of the entire project was $797 million. He said the County wants to see savings, even if it seems small in comparison to the total cost. Alexander continued they're navigating the funding process since they're funded locally and federally; half by the County and half by the FTA. Alexander explained FTA will not sign off on the Full-Funding Grant Agreement to get a 50% share until other phases are complete with the project. Bids need to be received, then financial and risk analyses are needed. It is anticipated the FFGA will not be received until late 2018. Alexander stressed the importance of keeping the contractor happy during that time when the cost would be on the local side. Tyra-Lukens said there are possible large reductions such as the Operations and Maintenance Facility(OMF). She thought after running the LRT for five years, there could be a chance to increase the size of OMF however the likelihood of fencing eventually being upgraded is minimal. Alexander said significant cuts in the OMF are being considered. Nelson agreed it is important to do it right the first time. To gain clarity on when decision must be made, Getschow asked if the concept is to go back to Corridor Management Committee (CMC)to present recommendations for what the changes could be, including OMF. Alexander said they plan to touch base with CMC again this month but OMF would be a separate package. Tyra-Lukens clarified CMC will approve these savings prior to knowing the possible savings on the OMF. Alexander said they won't go to CMC for approval and they are not looking to take it before their Council. Getschow said Eden Prairie is unique due to the parking structure at Southwest Transit. Major building construction is occurring in Eden Prairie, along with right-of-way. Tyra- Lukens asked for clarification. Ellis said all cities collectively have 2.1 million dollars in fees. Eden Prairie has 500,000 dollars spread between the parking structure and the individual stations. Building Services will do inspections and permits for the stations and Public Works would do permits for anything related to utilities and the right-of-way. Getschow said a discussion is needed internally to decide if a Locally Requested Capital Improvement (LRCI) is needed to keep ornamental fencing at the stations. A LRCI is already being used to keep ornamental fencing on the bridges. Jeremiah said the fencing at Southwest Station is unique. Ellis said chain link fencing at the City West and Golden Triangle stations would save about $200,000. If the City wanted to keep fencing, the City may be required to City Council Workshop Minutes October 3, 2017 Page 3 pay for it. Nelson asked if the fence in discussion is going up to the station or at the station. Ellis said the ornamental fencing will lead up to the station but the chain link is up for discussion at the station. Ellis said if it were decided not to do chain link on the bridges. MnDOT has design guidelines for bridges they must have a certain level of aesthetic. Tyra- Lukens asked if chain link meets MnDOT's standards and Alexander confirmed it does not. Nelson said the stations should look like what Eden Prairie is envisioned to look like for the next twenty years and she is not sure if they will back away from that initial idea. Ghandour reviewed the tentative change order schedule for Town Center Station and said they are looking to wrap up design by the end of the year and begin work in fall 2018. This timeline is dependent on when the Congestion Mitigation and Air Quality Improvement (CMAQ) grant is awarded. Money will not be reimbursed if spent prior to the date the grant is awarded. Ellis said the change order is 7.7 million dollars and 4.5 million dollars needed to build. A grant was received for 6.1 million dollars which would cover Met Transit infrastructure, and some City infrastructure. There is a gap of about 2.1 million for the station and roadwork. Ellis said they will continue to apply for grants to close the gap on the infrastructure costs. Ghandour said an easement will be required from Bowlero to Eden Road. Along the sidewalk there will be new street lighting, bike parking, planter boxes, a pedestrian crossing, curbside parking on both sides of Eden Road, and an access ramp for the water tower. Tyra-Lukens asked why access to the water tower would be required. Ghandour said the easements will increase access, in particular pedestrian access, to the stations. Jeremiah said there is no room for a plaza by Bowlero and when they were looking at the site, they determined the water tower plaza is a nice area. Ghandour said there will be retaining wall behind the station(eight feet at the tallest point). Ghandour showed plans for the design of the station pointing out the landscape theme, color and pattern is consistent with Eden Road. Lindsey Danhauser, Senior Recreation Supervisor, said Town Center design guidelines influenced the design of Town Center Station and the panel graphic options are prairie-style inspired. Ghandour explained the North/West access concept to provide access from Town Center Station to Costco and Rosemount Emerson's parking lots. To create this access point, the base point wall would be shifted between 15-18 feet to provide enough space. Jeremiah said the access point is part of the grant application and would account for a third of the 1.4 million dollar grant. The biggest part of the cost is the right-of-way and trail easement. Tyra- Lukens asked why a long trail is being built instead of simply an access point. Case asked who the trail benefits. Jeremiah thought Costco employees would benefit from access to the station. A number of options were considered for allowing pedestrian access and none of them are ideal. Case asked for data to project ridership and how many nearby employees would use this light rail station. He thought a northerly connection is not needed until the road is built or redevelopment occurs in the area. Getschow said there is a change order needed and a funding gap for the entire station needs to be closed. Alexander said the project is very viable and moving forward; County partners City Council Workshop Minutes October 3, 2017 Page 4 are very engaged. Hennepin County is picking up half the funding on the local side. The other half will be funded by FTA. After bids are received in January, the financial and risk assessments will be done to meet FTA requirements, and after the application is finalized the FFGA grant will take up to five months for review. Given this timeline, the grant is anticipated in late 2018. Tyra-Lukens thanked Alexander and Ghandour for their presentation. Open Podium - Council Chamber (6:30) II. OPEN PODIUM III. ADJOURNMENT ITEM NO. VI. B. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, OCTOBER 3, 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 p.m. Council Member Aho was absent. II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS A. DONATION FROM KINDERBERRY HILL (Resolution No. 2017-101) Lotthammer said this is a donation of$1,500 from Kinderberry Hill Child Development Centers for the 2017 KidStock entertainment and the Summer Musical,Honk. MOTION: Butcher Wickstrom moved, seconded by Nelson, to adopt Resolution No. 2017-101 accepting the donation from Kinderberry Hill Child Development Centers in the amount of$1,500 to be used toward KidStock entertainment and the Summer Musical,Honk. Motion carried 4-0. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Case moved, seconded by Butcher Wickstrom, to approve the agenda as published. Motion carried 4-0. VI. MINUTES CITY COUNCIL MINUTES October 3, 2017 Page 2 A. COUNCIL WORKSHOP HELD TUESDAY, SEPTEMBER 19, 2017 MOTION: Nelson moved, seconded by Case, to approve the minutes of the City Council workshop held Tuesday, September 19, 2017. Motion carried 4-0. B. CITY COUNCIL MEETING HELD TUESDAY, SEPTEMBER 19, 2017 MOTION: Butcher Wickstrom moved, seconded by Nelson, to approve the minutes of the City Council meeting held Tuesday, September 19, 2017. Motion carried 4-0. VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR A. ELEVATE by Timberland Partners. Second Reading of Ordinance 18-2017-PUD- 4-2017 for PUD District Review with Waivers and Zoning District Amendment from C-REG-SER to TOD-R on 2.93 acres; Resolution 2017-102 for Site Plan Review on 2.93 acres and Development Agreement. Location: 12900 and 12950 Technology Drive; Resolution 2017-103 Adopting a Modification to the Redevelopment Plan for Redevelopment Project Area No. 5 and Establishing Tax Increment Financing District No. 22 (Elevate Apartments) and Adopting a Tax Increment Financing Plan. (Ordinance No. 18-2017-PUD-4-2017 for PUD District Review and Zoning District Amendment; Resolution No. 2017-102 for Site Plan Review; Resolution No. 2017-103 Adopting Modification to Redevelopment Plan for Project Area 5, Establishing Tax Increment Financing District No 22 and Adopting a Tax Increment Financing Plan) B. ADOPT RESOLUTION NO. 2017-104 VACATING DRAINAGE,UTILITY AND ROADWAY EASEMENTS LYING OVER OUTLOT B, PRAIRIE BLUFF AND EAST OF HENNEPIN TOWN ROAD AND SOUTH OF PIONEER TRAIL C. APPROVE AGREEMENT WITH TYLER TECHNOLOGIES FOR UPGRADE TO ENTERPRISE COMPUTER AIDED DISPATCH D. APPROVE ANNUAL MAINTENANCE AGREEMENT WITH MOTOROLA FOR SERVICE ON EPFD LOGGERS AND DISPATCH CONSOLES E. APPROVE MEMORANDUM OF UNDERSTANDING BETWEEN EDEN PRAIRIE AND HENNEPIN COUNTY TO ALLOW HENNEPIN COUNTY SHERIFF'S OFFICE TO ANSWER EDEN PRAIRIE SMS TEXT-TO-9-1-1 CALLS Getschow said Item VIII.D. may need some language revision; therefore, that item should be approved subject to approval of the City Attorney. CITY COUNCIL MINUTES October 3, 2017 Page 3 MOTION: Nelson moved, seconded by Case, to approve Items A-E on the Consent Calendar, with Item D subject to approval of the City Attorney. Motion carried 4-0. IX. PUBLIC HEARINGS/MEETINGS X. PAYMENT OF CLAIMS MOTION: Nelson moved, seconded by Case, to approve the payment of claims as submitted. Motion was approved on a roll call vote,with Butcher Wickstrom, Case, Nelson and Tyra-Lukens voting "aye." XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS, AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Pickleball Update Lotthammer said he will give an update on the discussion at the Parks Commission last night and will provide some cost estimates obtained for the pickleball courts. He said a feasibility study was completed in 2016, and in January, 2017, the City Council authorized the Southwest Metro Pickleball Club to move forward with efforts to raise funds and naming rights. In July, 2017, the Council gave feedback to staff to move forward with cost estimates. He noted pickleball is an evolving sport. Eden Prairie got involved in 2012 when we made changes to the tennis courts at Pioneer Park and Riley Lake Park. In addition, a permanent pickleball court was developed at Franlo Park. There were complaints about the ball not bouncing properly on the tennis courts. We have determined that problem can remediated somewhat by adding another layer of surface on the top of the tennis courts, and we are planning to do that. Lotthammer said we have seen a decrease in the use of some of our courts as our neighboring cities have added pickleball courts. Regular pickleball players prefer to use the permanent pickleball courts. In the next several years we expect to see other communities build pickleball courts, and that CITY COUNCIL MINUTES October 3, 2017 Page 4 will continue to change the use of our courts. We have looked at adding pickleball courts at neighborhood parks, such as Hidden Ponds and Rice Marsh, for the use of families in those neighborhoods. Our park maintenance plans include renovation of those parks in the next three to five years, and they have basketball and tennis courts that need to be redone. Case asked if we have good data on how we use the tennis courts at the neighborhood parks. Lotthammer replied he recently checked out the use of the tennis courts, and the tennis courts in several of our parks were being used quite heavily. He noted we have been seeing a lot of use of the tennis courts by individuals of Indian descent. We have been trying to right size all of the fields, and there are several places where we have been looking at adding in one or two pickleball courts. Nelson asked where we would have multiple pickleball courts and other amenities so there could be tournament play. Lotthammer replied the feasibility study identified the Staring Lake Park location for 12 pickleball courts near the basketball and tennis courts. He showed the plans developed for those courts that included a concrete plaza between two sets of six pickleball courts with benches, tables for gathering, and shade structures. There would be a fence between each pickleball court and around all of the courts, two water fountains, and an area for recycling. He reviewed the cost estimates for the Staring Lake Park plan, which included estimated costs for developing a four-court facility, an eight-court facility, and a 12-court facility. He reviewed the benefits for each of the three options. He noted a four-court facility would have the least impact to other events in the park, the sand volleyball court could be retained where it is now, and it would provide an incremental approach that would allow us a better understanding of use of the pickleball courts. An eight-court facility would mean the relocation of the sand volleyball court and would likely have more of an impact on other events in the park. A 12-court facility would provide more of a regional attraction; however, it would mean the relocation of the sand volleyball court and would conflict more with other events planned in the park. Case asked how much of the total cost for the three options would be included for the NURP pond. Lotthammer replied that is included in the cost estimates; however, the biggest cost driver for the pickleball courts is the asphalt, the cost of which is driven by oil prices. He noted they have not done soil samples in the area. He was comfortable with the cost estimates for the three options, and there would be some economies with fewer courts. Case believed we have experience with soils in the bluffs area, and some of the site preparation for additional courts would have to be done even if we started with fewer number of courts and then added on later. CITY COUNCIL MINUTES October 3, 2017 Page 5 Nelson said she would like to see the option for eight courts and believed four courts would be too few. She liked the idea of the benches and tables included in the plans, although high top tables aren't the easiest to use for seniors and kids. We do need to have amenities to go with the courts. It is healthy for seniors who play pickleball to get out and socialize. She understood a tournament would have to be run through the Parks Department, so we could ensure it would not interfere with a community event in the park. She did not see this sport going away, and there are a lot of diverse types of people able to play this less strenuous sport. She would like to see numbers for 6, 8, and 12 courts. It may be cheaper to do it all now, and we also may need to add amenities at Franlo Park to make that a better place to play. She noted she respects the Parks Commission, but she believes there is a reason for more than four courts. Butcher Wickstrom commented we have to balance the interests of the community very carefully. She asked what the ideal number will be in five years. Lotthammer replied it would depend on what we want this to be. If we want a regional attraction, then the 12-court option would be best. We would have more tournaments and would have to weigh the use by more players who don't live in the community, how it would impact other events held at Staring Lake Park, and how the sport will evolve over time. Over the years our reaction in most cases has been to over build and then to scale back. The Parks Commission's recommendation was to do this incrementally to ensure we don't overbuild. This facility is not included in our long-range plans, and we don't want to spend money for a facility that will not be used in future years. Butcher Wickstrom asked what the cut-off point would be for a regional facility versus a local one. Lotthammer said the Parks Commission suggested asking for a base bid for the four-court facility with alternates for additional courts. We would have the ability to go to six or eight courts if additional funding and fundraising were to become available. The Parks Commission suggested there be no more than eight courts total, because they felt 12 courts would have too much of an impact on other users of the park. The City could fund four courts, with the additional courts funded through fundraising. Except for replacement of the tennis and basketball courts, this project has not been in the budget. He said the plans to renovate the Staring Lake building and the picnic pavilion in 2018 could be moved out beyond that date; however, Staring Lake Park is our best park for winter use and is one of the best in the summer. Butcher Wickstrom noted it is important to be responsive to our residents, and we have responded to requests for pickleball courts since 2012. Lotthammer said to date there has been no fundraising from Southwest Metro Pickleball, and it could be put as a challenge for them to come up with funding for two or four more courts. CITY COUNCIL MINUTES October 3, 2017 Page 6 Case said he appreciated our Parks Commission acting as our point people who have expertise about parks and natural resources. It seemed to him the issue of how many courts has two aspects: the general raw number of courts we need, including the satellite courts we are discussing; and the socialization of the game which could be limited by having only two or four courts. He did not know if it is up to Eden Prairie to supply that need for socialization. We should have a critical mass of courts that allows for the two aspects of the game. He believed eight courts makes the most sense now. He thought there may be a way to do eight courts by taking the money for the building renovations and doing what we need in pickleball. Every city is asking the pickleball association to raise money,but building eight courts with a potential of two or four more would be a way to meet both aspects of the issue. Lotthammer commented some time back the Hockey Association came forward to request a third sheet of ice and then raised funds for that additional ice. Similar fundraising happened with the conservatory and the Community Center Aquatics Center. Our experience has been that once the fundraising is authorized, 60-70% of what you raise comes in during the first few months. In this case, we have presented 12 courts for fundraising, and nobody has come forward. Lotthammer reviewed the timeline for building the pickleball courts. We could develop plans and specifications before January, open bids and award a contract in February or March,begin construction in April or May, and open the facility in July or August of 2018. He reviewed the concerns expressed by the Parks Commission: the overall impact on the park; the concern for the number of years before we replace the buildings at Staring Lake Park; the need for an incremental approach to observe the use and impact of the facility; and the question of building for community use versus regional use. Case said it is not easy to fund $500,000-$1,000,000; however, we have different ways to move funds around to deal with something at any given time. He would like staff to bring back suggestions for funding as well as costs for the different options, and to meet with the Pickleball Club to get a handle on what they could raise in funds. Tyra-Lukens said she was very much in line with the Parks Commission recommendations. Pickleball is a great sport, and she respects the social aspect of it; however, she had some problems with the issue of fairness to the rest of the community when it comes to building facilities. She heard complaints about the condition of the Community Center for years. We upgraded that facility with help from the FoxJets, but that group also pays to use the facility. Community members raised funds for disc golf. The Hockey Association raised a lot of money for the third sheet of ice at the Community Center, and they also pay when they use the ice. She noted this CITY COUNCIL MINUTES October 3, 2017 Page 7 is a big investment in courts that are mainly used during the morning hours. She did not think we should build it for the Southwest Metro Pickleball Club because residents of Eden Prairie will be paying for it. The pickleball courts are not in our CIP, and she had concerns about the noise that would come from that many courts. She believed in incrementalism so that we should develop the plans but start with building four courts. She liked the idea of satellite courts at Hidden Ponds and other locations for those who just want to play and are not part of the Pickleball Club. Getschow said there will be an action item at a future meeting for a consultant to help with the plans for this project. Staff will come back with costs and recommendations for a mix of options. Dennis Gallaher, representing the Southwest Metro Pickleball Club, said pickleball is a gathering sport. He said a four-court complex does not meet the needs of Eden Prairie where there are currently 200 people who want to play pickleball. There is an urgent need for more permanent courts because the current courts are overcrowded and the situation will get worse. He said eight courts might start to solve the situation. They have not done fundraising because there is nothing on the table; however, they did apply for several grants and are waiting to hear about those. E. REPORT OF PUBLIC WORKS DIRECTOR 1. Lower Minnesota River Watershed District Update Ellis said the Lower Minnesota River Watershed District (LMRWD) is updating their watershed management plan. There are a number of changes including a change to the definition of what constitutes a bluff. The current definition includes an area that raises 25 feet within the vicinity of shore land area, has a slope of 30%, and also has a structure set-back from the top of the bluff of 30 feet. They are proposing to change the definition to a slope of 18% anywhere within the watershed district, not just in shore land areas, and increase the structure setback to 40 feet. City staff has drafted a letter that recommends the definition be kept as it is because the change would create a number of nonconforming properties. We have asked them to broaden their public outreach to see how the public would feel about this change. We notified the 175 properties in the City that would be impacted by the change. The LMRWD have agreed to push back the date of the public hearing from October 18 to October 25. They will be notifying individual property owners. He noted Council Members will probably be contacted by citizens about the changes; however, there is not much the City can do to change the planned update. Tyra-Lukens asked if the height definition would remain 25 feet. Ellis said that would not change, but the slope percentage changed and the shore land area structure setback was pushed back. Tyra-Lukens asked if they gave a CITY COUNCIL MINUTES October 3, 2017 Page 8 reason why they are making these changes. Ellis said they did not provide a statement of reasonability which would have explained why the changes are necessary. Tyra-Lukens asked the date of the public hearing. Ellis replied it is October 25 now and will be held at their Chaska offices. Butcher Wickstrom asked if this one watershed district can make this change. Ellis said they can because the legislature has granted them that right. Butcher Wickstrom commented the change would impact so many people. She thought we need to talk to our legislators about giving that power to just one watershed district. Case noted the noncompliance created would impact people who live along the bluff the most, and this almost seems like a taking. He would agree about the legislature getting involved. He didn't think the change would do anything to further protect our lands, most of which have already been built out. Nelson was concerned there would be a lot more land involved. We have done a good job of working to save the bluffs, and the change doesn't seem fair to the homes that have been built there. They have been built well back from the edge of the bluff, yet the new rules will impact many of them. We have been careful with the bluffs and have gone above and beyond to preserve the bluffs. Case said the changes may be out of our purview, but it is within our ability to pass a resolution and make a recommendation. He asked staff to bring back a resolution with rationale to go to the LMRWD. Nelson suggested adding a statement regarding our efforts to maintain the bluff area. Tyra-Lukens asked if letters have gone out to the properties that are affected. Ellis said the Engineering Department sent letters to those homeowners. Getschow said, while there are many properties in Eden Prairie along the Minnesota River, there are other cities in the LMRWD that are commenting on the proposed changes as well. Staff members from some of those cities have shared their comments, and we will pass along our intent to pass a resolution on this matter. Butcher Wickstrom noted we need to copy our legislators on our resolution. Rosow noted it is too early to reach a conclusion about the nonconforming issue, but what is concerning is that property owners are protected to a large extent by the law that pertains to zoning and nonconforming uses; however, this change isn't zoning, so this is a very serious issue. F. REPORT OF POLICE CHIEF CITY COUNCIL MINUTES October 3, 2017 Page 9 G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Butcher Wickstrom moved, seconded by Case,to adjourn the meeting. Motion carried 4-0.Mayor Tyra-Lukens adjourned the meeting at 8:35 p.m. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar October 17, 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 licenses listed below. Temporary 3.2 Beer Organization: Church of Pax Christi Event: Volunteer Appreciation Event Date: January 20, 2018 Place: Pax Christi Social Hall 12100 Pioneer Trail Temporary Liquor Organization: Church of Pax Christi Event: Cana Dinner Date: January 27, 2018 Place: Pax Christi Social Hall 12100 Pioneer Trail - 1 - CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar October 17, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development/ Eden Prairie Assembly of God Church VIII.B. Planning Janet Jeremiah/Angie Perera Requested Action Move to: • Approve 2nd Reading of the Ordinance for Planned Unit Development District Review on 10.06 acres; and • Approve Resolution for Site Plan Review on 10.06 acres; and • Approve the First Amendment to the Development Agreement for Eden Prairie Assembly of God Church. Synopsis This is final approval of the Amendment to the Development Agreement and plans for 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 located at 16591 Duck Lake Trail. The 120-Day Review Period Expires on November 4, 2017. Attachments Ordinance for PUD District Review Summary Ordinance Resolution for Site Plan Review Development Agreement EDEN PRAIRIE ASSEMBLY OF GOD CHURCH CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 19-2017-PUD-5-2017 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 Public Zoning District 19-2017-PUD-5-2017 (hereinafter "PUD-5-2017-PUB). Section 3. The City Council hereby makes the following findings: A. PUD-5-2017-PUB is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-5-2017-PUB 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-5-2017-PUD are justified by the design of the development described therein. D. PUD-5-2017-PUB 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 October 17, 2017, entered into between Eden Prairie Assembly of God, and the City of Eden Prairie, (hereinafter"Development Agreement"). The Development Agreement contains the terms and conditions of PUD-5-2017-PUB, 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 Public District and shall be included hereafter in the Planned Unit Development 5-2017-PUB, 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 17th day of October, 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 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 19-2017-PUD-5-2017 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA,AMENDING THE ZONING OF CERTAIN LAND WITHIN ONE DISTRICT,AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99,WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance allows amendment of the zoning of land located at 16591 Duck Lake Trail within the Public Zoning District. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on , 2017. (A full copy of the text of this Ordinance is available from City Clerk.) CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2017- A RESOLUTION GRANTING SITE PLAN APPROVAL FOR EDEN PRAIRIE ASSEMBLY OF GOD BY STATION 19 ARCHITECTS WHEREAS, Station 19 Architects, has applied for Site Plan approval for 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 located at 16591 Duck Lake Trail, by a Resolution approved by the City Council on October 17, 2017; and WHEREAS, the Planning Commission reviewed said application at a public hearing at its August 14, 2017 meeting and recommended approval of said site plans; and WHEREAS, the City Council has reviewed said application at a public hearing at its September 5, 2017 meeting. NOW, THEREFORE,BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,that site plan approval is granted to Station 19 Architects based on the Development Agreement between Eden Prairie Assembly of God and the City of Eden Prairie, reviewed and approved by the City Council on October 17, 2017. ADOPTED by the City Council of the City of Eden Prairie this 17th day of October, 2017. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk EDEN PRAIRIE ASSEMBLY OF GOD FIRST AMENDMENT TO DEVELOPMENT AGREEMENT THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT ("First Amendment") is entered into as of October , 2017, by Eden Prairie Assembly of God, a Minnesota non-profit corporation, hereinafter referred to as "Developer," its successors and assigns, and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City": WITNESSETH: WHEREAS, Eden Prairie Assemblies of God Church and City entered into that certain Development Agreement ("Original Development Agreement") attached hereto as Exhibit E-1 and entered into as of July 17, 1979, pertaining to approximately 10 acres of land, legally described on Exhibit A to such Original Development Agreement ; WHEREAS, Developer is the successor in interest to Eden Prairie Assemblies of God Church; WHEREAS, Developer has applied to City for a Site Plan Review and Planned Unit Development District Review Amendment for the Property legally described on Exhibit A-1 to this First Amendment ; and NOW, THEREFORE, in consideration of the City adopting Ordinance No. for Planned Unit Development District Review Amendment, and Resolution No. for Site Plan Review, the Developer agrees to construct, develop and maintain the Property as follows: Eden Prairie Assembly of God Development Agreement Amendment Page 1 of 30 1. PLANS: Developer shall develop the Property in conformance with the materials revised and stamp dated August 22, 2017, reviewed and approved by the City Council on , 2017 (hereinafter the "Plans") and identified on Exhibit B-1, subject to such changes and modifications as provided herein. 2. DEVELOPER'S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a violation of City Code relating to use of the Land construction thereon or failure to fulfill an obligation imposed upon the Developer pursuant to this First Amendment, City shall give 24 hour notice of such violation in order to allow a cure of such violation, provided however, City need not issue a building or occupancy permit for construction or occupancy on the Land while such a violation is continuing, unless waived by City. The existence of a violation of City Code or the failure to perform or fulfill an obligation required by this First Amendment shall be determined solely and conclusively by the City Manager of the City or a designee. 3. DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer shall release, defend and indemnify City, its elected and appointed officials, employees and agents from and against any and all claims, demands, lawsuits, complaints, loss, costs (including attorneys' fees), damages and injunctions relating to any acts, failures to act, errors, omissions of Developer or Developer's consultants, contractors, subcontractors, suppliers and agents. Developer shall not be released from its responsibilities to release, defend and indemnify because of any inspection, review or approval by City. 4. EXHIBIT C-1: Developer agrees to the terms, covenants, agreements, and conditions set forth in Exhibit C-1. 5. EXTERIOR MATERIALS: Prior to building permit issuance, Developer shall submit to the City Planner, and receive the City Planner's written approval of a plan depicting exterior materials and colors to be used on the buildings on the Property. Prior to issuance of any occupancy permit for the Property, Developer shall complete implementation of the approved exterior materials and colors plan in accordance with the terms and conditions of Exhibit C-1, attached hereto. 6. GRADING, DRAINAGE, AND STORMWATER POLLUTION PREVENTION PLANS: A. FINAL GRADING AND DRAINAGE PLAN: Developer agrees that the grading and drainage plan contained in the Plans is conceptual. Prior to the release of a land alteration permit for the Property, Developer shall submit and obtain the City Engineer's written approval of a final grading and drainage plan for the Property. The final grading and drainage plan shall include all wetland Eden Prairie Assembly of God Development Agreement Amendment Page 2 of 30 information, including wetland boundaries, wetland buffer strips and wetland buffer monument locations; all Stormwater Facilities, such as water quality ponding areas, stormwater detention areas, and stormwater infiltration systems; and any other items required by the application for and release of a land alteration permit. All design calculations for storm water quality and quantity together with a drainage area map shall be submitted with the final grading and drainage plan. Developer shall furnish to the City Engineer and receive the City Engineers' written approval of a security in the form of a bond, cash escrow, or letter of credit, equal to 125% of the cost of said improvements as required by City Code. Prior to release of the grading security, Developer shall certify to the City that the Stormwater Facilities conform to the final grading plan and that the Stormwater Facilities are functioning in accordance with the approved plans. Developer shall employ the design professional who prepared the final grading plan. The design professional shall monitor construction for conformance to the approved final grading plan and Stormwater Pollution Prevention Plan (SWPPP). The design professional shall provide a final report to the City certifying completion of the grading in conformance the approved final grading plan and SWPPP. In addition, the design professional retained by the Developer to perform the monitoring of the Project shall be responsible for all monitoring, data entry and reporting to the PermiTrack ESC web-based erosion and sediment permit tracking program utilized by the City. B. STORMWATER FACILITY CONSTRUCTION: Stormwater Facilities, including detention basins, retention basins, "Stormwater Infiltration" or "Filtration Systems" (such as rainwater gardens, vegetated swales, infiltration basins, vegetated filters, filter strips, curbless parking lot islands, parking lot islands with curb-cuts, traffic islands, tree box filters, bioretention systems or infiltration trenches) or "Underground Systems" (such as media filters, underground sand filters, underground vaults, sedimentation chambers, underground infiltration systems, pre-manufactured pipes, modular structures or hydrodynamic separators) shall be maintained by the Developer during construction and for a minimum of two (2) full growing seasons after completion of the development to ensure that soil compaction, erosion, clogging, vegetation loss, channelization of flow or accumulation of sediment are not occurring, and thereafter by the Owner of the Property. Planting and Maintenance Plans for the Stormwater Facilities (where appropriate) to ensure that the Stormwater Facilities continue to function as designed in perpetuity must be submitted prior to release of the first building permit for the Development Developer shall employ the design professional who prepared the final grading plan to monitor construction of the Stormwater Facilities for conformance to the Minnesota Pollution Control Agency publication entitled "Minnesota Storm Water Manual", the approved final grading plan and the requirements listed Eden Prairie Assembly of God Development Agreement Amendment Page 3 of 30 herein. All inspections of underground systems shall be performed by personnel that have approved OSHA confined space training. Maintenance techniques must be used during construction to protect the infiltration capacity of all Stormwater Infiltration Systems by limiting soil compaction to the greatest extent possible. This must include delineation of the proposed infiltration system with erosion control fencing prior to construction; installation of the infiltration system using low-impact earth moving equipment; and not allowing equipment, vehicles, supplies or other materials to be stored or allowed in the areas designated for stormwater infiltration during construction. In areas of structural infiltration Developer shall prior to construction of the infiltration system provide a plan that addresses: (i) construction management practices to assure the infiltration system will be functional; (ii), erosion control measures; (iii) infiltration capacity; (iv) performance specifications that the completed infiltration system must meet to be considered functional by City and (v) corrective actions that will be taken if the infiltration system does not meet the performance specification. All Stormwater Infiltration Systems must be inspected prior to final grading to ensure that the area is infiltrating as proposed and to determine if corrective measures are required to allow infiltration as proposed. Field verification of post-construction infiltration rates must be provided to the City within 30 days after the first rainfall event of 1/2 inch or greater after the Stormwater Infiltration Systems become operational. If infiltration rates are reduced, a plan to restore adequate infiltration must be provided within 90-days of the field verification test. The work required to bring the Stormwater Infiltration System back into compliance be implemented within 60 days of City approval of the plan. Pervious surfaces shall be stabilized with seed and mulch or sod and all impervious surfaces must be completed prior to final grading and planting of the Stormwater Infiltration Systems. Stormwater Infiltration Systems that are constructed under a building shall be designed for maintenance access and installed in conformance with the standards outlined in The Minnesota Stormwater Manual and/or the Plans. The System shall be kept off-line until construction is complete. Field verification of post- construction infiltration rates must be provided to the City within 30 days after the first rainfall event of one-half inch or greater following the Storm Water Infiltration Systems becoming operational. If the infiltration rates are reduced by construction, a plan to restore adequate infiltration must be provided within 90- days of the field test. Eden Prairie Assembly of God Development Agreement Amendment Page 4 of 30 C. STORMWATER FACILITY INSPECTION AND MAINTENANCE: A Stormwater Maintenance Plan must be provided for operation and maintenance of all Stormwater Facilities to ensure they continue to function as designed in perpetuity prior to issuance of the Land Alteration Permit. The Stormwater Maintenance Plan must identify and protect the design, capacity and functionality of all Stormwater Facilities. The Maintenance Plan must contain at a minimum: the party(s) responsible for maintenance; access plans; inspection frequency; methods used for field verification of infiltration for Stormwater Infiltration Systems; routine and non-routine inspection procedures; sweeping frequency for all parking and road surfaces; plans for restoration of reduced infiltration for Stormwater Infiltration Systems; and plans for replacement of failed systems, all pursuant to and in accordance with Eden Prairie City Code Section 11.55, Subd. 8. During construction and for two years following completion of construction, all Stormwater Facilities shall be inspected at a minimum of once annually to determine if the Stormwater Facility(s) is treating stormwater as designed and should occur within 72-hours after a rainfall event of one-inch or greater to verify infiltration. All Stormwater Facilities shall be kept free of debris, litter, invasive plants and sediment. Erosion impairing the function or integrity of the Stormwater Facilities, if any, must be corrected and any structural damage impairing or threatening to impair the function of the Stormwater Facilities must be repaired. The following criteria must be included in the inspection: • A storage treatment basin (including retention and detention basins) shall be considered inadequate if sediment has decreased the wet storage volume by 50 percent or dry storage volume by 25 percent of its original design volume. • A Stormwater Infiltration System shall be considered inadequate if sediment has accumulated that impairs or has the potential to impair infiltration of stormwater. • An underground storage chamber shall be considered inadequate if sediment has decreased the storage volume by 50 percent of its original design volume. Based on this inspection, if a Stormwater Facility requires cleanout, the Stormwater Facility shall be restored to its original design and/or the infiltration capacity of the underlying soils must be restored and any surface disturbance must be stabilized within one year of the inspection date. Sediment, debris, litter or vegetation removal in Stormwater Infiltration Systems shall to the extent practical be removed by hand during dry periods. Only enough Eden Prairie Assembly of God Development Agreement Amendment Page 5 of 30 sediment shall be removed as needed to restore hydraulic capacity, leaving as much of the vegetation in place as possible. Any damaged turf or vegetation shall be reseeded or replaced. For any situations in which hand removal is not practical, Developer shall identify in the Stormwater Maintenance Plan procedures that will be implemented to protect functionality of the Stormwater Infiltration Systems. After the two year period of maintenance, the Owner of the Property shall continue to be responsible for maintenance of the Stormwater Facilities. This shall include inspections at a minimum of once per every five years. Regular maintenance shall be conducted and must include regular sweeping of private streets, parking lots or drive aisles at a minimum of once per year; debris and litter removal; removal of noxious and invasive plants; removal of dead and diseased plants; maintenance of approved vegetation; re-mulching of void areas; replanting or reseeding areas where dead or diseased plants were removed; and removal of sediment build-up. Sediment build-up in above-ground Stormwater Infiltration or Filtration Systems shall to the extent practical be removed by hand. For any situations in which hand removal is not practical, Developer shall identify in the Stormwater Maintenance Plan procedures that will be implemented to protect functionality of the Stormwater Infiltration Systems. Areas above Underground Systems shall be kept free of structures that would limit access to the System for inspections, maintenance or replacement. D. STORMWATER POLLUTION PREVENTION PLAN (SWPPP): Prior to issuance of a land alteration permit, Developer shall submit to the City Engineer and obtain City Engineer's written approval of Stormwater Pollution Prevention Plan (SWPPP) for the Property. The SWPPP shall include all boundary erosion control features, temporary stockpile locations, turf restoration procedures, concrete truck washout areas and any other best management practices to be utilized within the Project. Prior to release of the grading security, Developer shall complete implementation of the approved SWPPP. 7. IRRIGATION PLAN: Developer shall submit to the City Planner and receive the City Planner's written approval of a plan for irrigation of the landscaped areas on the Property. The irrigation plan shall be designed so that water is not directed on or over public trails and sidewalks. Developer shall complete implementation of the approved irrigation plan in accordance with the terms and conditions of Exhibit C-1 prior to issuance of any occupancy permit for the Property. 8. LANDSCAPE PLAN: Prior to building permit issuance, the Developer shall submit to the City Planner and receive the City Planner's written approval of a final landscape plan for the Property depicting a total of 18 caliper inches. The approved landscape plan shall Eden Prairie Assembly of God Development Agreement Amendment Page 6 of 30 be consistent with the quantity, type, and size of plant materials shown on the landscape plan on the Plans. Developer shall furnish to the City Planner and receive the City Planner's written approval of a security in the form of a bond, cash escrow, or letter of credit, equal to 150% of the cost of said improvements as required by City Code. The installation of the landscaping shall conform to the approved landscape plan including but not limited to the size, species and location. Any changes, including but not limited to removal and relocation, to the landscaping plan or landscaping installed on the Property shall be reviewed and approved by the City prior to implementing said changes. Prior to issuance of any occupancy permit for the Property, Developer shall complete implementation of the approved landscape plan in accordance with the terms and conditions of Exhibit C-1. 9. MECHANICAL EQUIPMENT SCREENING: Developer shall submit to the City Planner, and receive the City Planner's written approval of a plan for screening of mechanical equipment on the Property. For purposes of this paragraph, "mechanical equipment" includes gas meters, electrical conduit, water meters, and standard heating, ventilating, and air-conditioning units. Security to guarantee construction of said screening shall be included with that provided for landscaping on the Property, in accordance with City Code requirements. Developer shall complete implementation of the approved plan prior to issuance of any occupancy permit for the Property. If, after completion of construction of the mechanical equipment screening, it is determined by the City Planner, in his or her sole discretion, that the constructed screening does not meet the Code requirements to screen mechanical equipment from public streets and differing, adjacent land uses, then the City Planner shall notify Developer and Developer shall take corrective action to reconstruct the mechanical equipment screening in order to cure the deficiencies identified by the City Planner. Developer agrees that the City will not release the security provided until Developer completes all such corrective measures. 10. OTHER AGENCY APPROVALS: The Developer shall be responsible for submitting to the City Engineer, copies of all necessary approvals issued by other agencies for the project. These submittals are required prior to issuance by the City of the corresponding City permit(s). The agencies issuing such approvals include, but are not necessarily limited to, the following: the Minnesota Pollution Control Agency, Metropolitan Commission Environmental Services, and Riley Purgatory Bluff Creek Watershed District. 11. PERFORMANCE STANDARDS: Developer agrees that the Property will be operated in a manner meeting all applicable noise, vibration, dust and dirt, smoke, odor and glare laws and regulations. Developer further agrees that the facility upon the Property shall be operated so noise, vibration, dust and dirt, smoke, odor and glare do not go beyond the Eden Prairie Assembly of God Development Agreement Amendment Page 7 of 30 Property boundary lines. 12. REAFFIRMING CONDITIONS OF ORIGINAL DEVELOPMENT AGREEMENT: Developer agrees to all of the terms, conditions and obligations of "Owner" under the Original Development Agreement attached hereto except as inconsistent with or amended by this Supplement. Paragraph 4 of the Original Development Agreement is hereby deleted. 13. RETAINING WALLS: Prior to issuance by the City of any permit for grading or construction on the Property, Developer shall submit to the Chief Building Official, and obtain the Chief Building Official's written approval of detailed plans for any retaining walls greater than four feet in height. These plans shall include details with respect to the height, type of materials, and method of construction to be used for the retaining walls. Developer shall complete implementation of the approved retaining wall plan in accordance with the terms and conditions of Exhibit C-1, attached hereto, prior to issuance of any occupancy permit for the Property. All maintenance and repair of all retaining walls on the Property shall be the responsibility of the Developer, its successors and assigns. 14. EASEMENT: Prior to the issuance of a building permit for the Property, Developer shall submit an Easement for right-of-way and other public purposes including but is not limited to, construction, operation and maintenance of roadways, utilities (public and private), trails, sidewalks and associated appurtenances, attached as Exhibit D-1, for review and written approval by the City Engineer, over that portion of the Property delineated on the Plans. After approval by the City, Developer shall file the Easement with the Hennepin County Registrar of Titles' Office prior to recording of any document affecting the property including but not limited to any mortgage granted by the Developer its successors and/or assigns. Prior to the issuance of the first building permit for the Property, Developer shall submit to the City Engineer proof that the Easement has been recorded in the Hennepin County Registrar of Titles' Office. 15. SANITARY SEWER AND WATER SERVICES: Prior to installation of the portion of sewer and water services for the Property that are located within the Right of Way for Duck Lake Trail, Developer shall submit to the City Engineer an application for a permit for the installation of sanitary sewer and water service improvements. Prior to the release of a permit for the installation of the services, Developer shall furnish to the City Engineer and receive the City Engineer's written approval of a security equal to $5,000 for the installation of the services and restoration of the city street. The services shall be Eden Prairie Assembly of God Development Agreement Amendment Page 8 of 30 installed and the street restored to the satisfaction of the City Engineer prior to the release of said security. 16. SIGNS: Developer agrees that for each sign which requires a permit by Eden Prairie City Code, Section 11.70, Developer shall file with the City Planner and receive the City Planner's written approval of an application for a sign permit. The application shall include a complete description of the sign and a sketch showing the size, location, the manner of construction, and other such information as necessary to inform the City of the kind, size, material construction, and location of any such sign, consistent with the sign plan shown on the Plans and in accordance with the requirements of City Code, Section 11.70, Subdivision 5a. 17. SITE NON-CONFORMITIES: The height of, and the wood and stucco exterior materials applied to, the church structure constructed in 1979 are legal nonconforming uses of the Property. The height of the existing 1979 structure, and use of wood and stucco exterior materials, may not be expanded. Other nonconforming uses, including but not limited to, parking lot design and trash enclosure (hereinafter referred to as "Other Nonconforming Uses") exist on the Property and also may not be expanded. This Agreement and Ordinance No. for Planned Unit Development District Review Amendment, and Resolution No. for Site Plan Review for the Property do not approve the Other Nonconforming Uses. At such time as Developer makes application for additional site and/or building improvements Developer agrees to provide a timeline and implementation plan identifying when the Other Nonconforming Uses shall be brought into conformity. 18. TRASH: Developer agrees that all trash, trash receptacles and recycling bins shall at all times be located inside of the building enclosures depicted on the Plans. Eden Prairie Assembly of God Development Agreement Amendment Page 9 of 30 IN WITNESS WHEREOF, the parties to this First Amendment have caused these presents to be executed as of the day and year aforesaid. CITY OF EDEN PRAIRIE By Nancy Tyra-Lukens Its Mayor By Rick Getschow Its City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 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 Eden Prairie Assembly of God Development Agreement Amendment Page 10 of 30 EDEN PRAIRIE ASSEMBLY OF GOD By Its STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2017, by , the , of , a , on behalf of the company. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 Eden Prairie Assembly of God Development Agreement Amendment Page 11 of 30 EXHIBIT A-1 FIRST AMENDMENT TO DEVELOPER'S AGREEMENT EDEN PRAIRIE ASSEMBLY OF GOD Legal Description of the Property 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 Eden Prairie Assembly of God Development Agreement Amendment Page 12 of 30 EXHIBIT B-1 FIRST AMENDMENT TO DEVELOPER'S AGREEMENT EDEN PRAIRIE ASSEMBLY OF GOD PLANS LIST OF MATERIALS 1. Title Sheet dated 07/07/17 by Station Nineteen Architects Inc. 2. Boundary and Topographic Survey dated 05/12/17 by Rehder and Associates, Inc. 3. Overall Site Plan dated 07/07/17 by Rehder and Associates, Inc. 4. Existing Conditions/ Site Demolition Plan dated 07/07/17 by Rehder and Associates, Inc. 5. Site Dimension Plan dated 07/07/17 by Rehder and Associates, Inc. 6. Grading, Drainage, Erosion Control & Utility Plan dated 07/10/17 by Rehder and Associates, Inc. 7. Details & Specifications dated 07/07/17 by Rehder and Associates, Inc. 8. Landscape Plan dated 08/21/17 by Solution Blue 9. Landscape Notes &Details dated 08/21/17 by Solution Blue 10. Lower Level Floor Plan dated 07/07/17 by Station Nineteen Architects, Inc. 11. Main Level Floor Plan dated 07/07/17 by Station Nineteen Architects, Inc. 12. Upper Level Floor Plan dated 07/07/17 by Station Nineteen Architects, Inc. 13. Building Elevations, A 6.1 dated 08/22/17 by Station Nineteen Architects, Inc. 14. Building Elevations, A 6.2 dated 08/22/17 by Station Nineteen Architects, Inc. 15. Site Plan — Photometric, E 0.2 dated 07/07/17 by Emanuelson-Podas Consulting Engineers. 16. Site Plan — Photometric. E 0.2 A dated 07/07/17 by Emanuelson-Podas Consulting Engineers. Eden Prairie Assembly of God Development Agreement Amendment Page 13 of 30 EXHIBIT C-1 FIRST AMENDMENT TO DEVELOPER'S AGREEMENT EDEN PRAIRIE ASSEMBLY OF GOD I. Prior to release of any building permit, Developer shall submit to the City Engineer for approval two copies of a development plan (1" =100' scale) showing existing and proposed contours, proposed streets, and lot arrangements and size, minimum floor elevations on each lot, preliminary alignment and grades for sanitary sewer, water main, and storm sewer, 100-year flood plain contours, ponding areas, tributary areas to catch basins, arrows showing direction of storm water flow on all lots, location of walks, trails, and any property deeded to the City. II. Developer shall submit detailed construction and storm sewer plans to the Watershed District for review and approval. Developer shall follow all rules and recommendations of said Watershed District. III. Developer shall pay Cash Park Fees as to all of the Property required by City Code in effect as of the date of the issuance of each building permit for construction on the Property. IV. If Developer fails to proceed in accordance with this First Amendment within twenty- four (24) months of the date hereof, Developer, for itself, its successors, and assigns, shall not oppose the City's reconsideration and rescission of any Rezoning, Site Plan review and/or Guide Plan review approved in connection with this First Amendment, thus restoring the status of the Property before the First Amendment and all approvals listed above were approved. V. Provisions of this First Amendment shall be binding upon and enforceable against the Property and the Owners, their successors and assigns of the Property. VI. The Developer hereby irrevocably nominates, constitutes, and appoints and designates the City as its attorney-in-fact for the sole purpose and right to amend Exhibit A hereto to identify the legal description of the Property after platting thereof. VII. Developer represents that it has marketable fee title to the Property, except for those matters and interests set forth in Certificate of Title No. 1010569. With respect to any interest in all portions of the Property which Developer is required, pursuant to this First Amendment, to dedicate or convey to the City (the "Dedicated Property"), Developer represents and warrants as follows now and at the time of dedication or conveyance: Eden Prairie Assembly of God Development Agreement Amendment Page 14 of 30 A. That Developer has marketable fee title free and clear of all mortgages, liens, and other encumbrances, except for that certain mortgage held by Community Bank Corp. as set forth in the public records and, further, except for that certain mortgage held by BankVista. Prior to final plat approval, Developer shall provide to the City a current title insurance policy insuring such a condition of title. B. That Developer has not used, employed, deposited, stored, disposed of, placed or otherwise allowed to come in or on the Dedicated Property, any hazardous substance, hazardous waste, pollutant, or contaminant, including, but not limited to, those defined in or pursuant to 42 U.S.C. § 9601, et. seq., or Minn. Stat., Sec. 115B.01, et. seq. (such substances, wastes, pollutants, and contaminants hereafter referred to as "Hazardous Substances"); C. That Developer has not allowed any other person to use, employ, deposit, store, dispose of, place or otherwise have, in or on the Property, any Hazardous Substances. D. That to the best of Developer's actual knowledge, no previous owner, operator or possessor of the Property deposited, stored, disposed of, placed or otherwise allowed in or on the Property any hazardous substances. Developer agrees to indemnify, defend and hold harmless City, its successors and assigns, against any and all loss, costs, damage and expense, including reasonable attorney's fees and costs that the City incurs because of the breach of any of the above representations or warranties and/or resulting from or due to the release or threatened release of Hazardous Substances which were, or are claimed or alleged to have been, used, employed, deposited, stored, disposed of, placed, or otherwise located or allowed to be located, in or on the Dedicated Property by Developer, its employees, agents, contractors or representatives. VIII. Developer acknowledges that Developer is familiar with the requirements of Chapter 11, Zoning, and Chapter 12, Subdivision Regulations, of the City Code and other applicable City ordinances affecting the development of the Property. Developer agrees to develop the Property in accordance with the requirements of all applicable City Code requirements and City Ordinances. IX. Prior to release of the final plat, Developer shall pay to City fees for the first three (3) years' street lighting on the public streets adjacent to the Property (including installation costs, if any, as determined by electrical power provider), engineering review, and street signs. X. Developer shall submit detailed water main, fire protection, and emergency vehicle access plans to the Fire Marshal for review and approval. Developer shall follow all the Eden Prairie Assembly of God Development Agreement Amendment Page 15 of 30 recommendations of the Fire Marshal. XI. Developer acknowledges that the rights of City performance of obligations of Developer contemplated in this agreement are special, unique, and of an extraordinary character, and that, in the event that Developer violates, or fails, or refuses to perform any covenant, condition, or provision made herein, City may be without an adequate remedy at law. Developer agrees, therefore, that in the event Developer violates, fails, or refuses to perform any covenant, condition, or provision made herein, City may, at its option, institute and prosecute an action to specifically enforce such covenant, withhold building permits or rescind or revoke any approvals granted by the City. No remedy conferred in this agreement is intended to be exclusive and each shall be cumulative and shall be in addition to every other remedy. The election of anyone or more remedies shall not constitute a waiver of any other remedy. XII. Developer shall, prior to the commencement of any improvements, provide written notice to Comcast of the development contemplated by this First Amendment. Notice shall be sent to Comcast Cable, 14404 Excelsior Blvd., Minnetonka, Minnesota 55305 or CenturyLink, 14200 Wayzata Blvd. Ste F., Minnetonka, MN 55305. XIII. Prior to building permit issuance, all fees associated with the building permit shall be paid to the Inspections Department, including; Building permit fee, plan check fee, State surcharge, metro system access charge (SAC), City SAC and City water access charge (WAC), and park dedication. Contact Metropolitan Waste Control to determine the number of SAC units. XIV. Prior to building permit issuance, except as otherwise authorized in the approved Plans, existing structures, wells and septic systems (if present) shall be properly abandoned or removed as required by City ordinance and all permits obtained through the Inspections Department. XV. Prior to building permit issuance, provide two copies of an approved survey or site plan (1" = 200 scale) showing proposed building location and all proposed streets, with approved street names, lot arrangements and property lines. XVI. The City shall not issue any building permit for the construction of any building, structure, or improvement on the Property until all requirements listed in this Exhibit C have been satisfactorily addressed by Developer. XVII. No failure of the City to comply with any term, condition, covenant or agreement herein shall subject the City to liability for any claim for damages, costs or other financial or pecuniary charges. No execution on any claim, demand, cause of action or judgment shall be levied upon or collected from the general credit, general fund or taxing powers of the City. Eden Prairie Assembly of God Development Agreement Amendment Page 16 of 30 XVIII. [RESERVED]. XIX. Within 10 days of the approval of the First Amendment, the Developer shall record the First Amendment at the County Recorder and / or Registrar of Titles. The final plat shall not be released until proof of filing of the First Amendment is submitted to the City. XX. The City is hereby granted the option, but not the obligation, to complete or cause completion in whole or part of all of the Developer's obligations under this First Amendment for which a bond, letter of credit, cash deposit or other security (hereinafter referred to as the "Security") is required herein if the Developer defaults with respect to any term or condition in this First Amendment for which Security is required and fails to cure such default(s) within ten (10) days after receipt of written notice thereof from the City; provided however if the nature of the cure is such that it is not possible to complete the cure within ten (10) days, it shall be sufficient if the Developer has initiated and is diligently pursuing such cure. The Developer acknowledges that the City does not assume any obligations or duties of the Developer with respect to any such contract agreements unless the City shall agree in writing to do so. The City may draw down on or make a claim against the Security, as appropriate, upon five (5) business days notice to the Developer, for any violation of the terms of this First Amendment or if the Security is allowed to lapse prior to the end of the required term. If the obligations for which Security is required are not completed at least thirty (30) days prior to the expiration of the Security and if the Security has not then been renewed, replaced or otherwise extended beyond the expiration date, the City may also draw down or make a claim against the Security as appropriate. If the Security is drawn down on or a claim is made against the Security, the proceeds shall be used to cure the default(s) and to reimburse the City for all costs and expenses, including attorneys' fee, incurred by the City in enforcing this First Amendment. XXI. The Developer hereby grants the City, it's agents, employees, officers and contractors a nonexclusive license to enter the Property to perform all work and inspections deemed appropriate by the City in conjunction with this First Amendment. XXII. This First Amendment is a contract agreement between the City and the Developer. No provision of this First Amendment inures to the benefit of any third person, including the public at large, so as to constitute any such person as a third-party beneficiary of the First Amendment or of any one or more of the terms hereof, or otherwise give rise to any cause of action for any person not a party hereto. XXIII. Except as specifically authorized by the Director of Public Works, no permit shall be issued for the Property until the Developer has recorded the final plat with Hennepin County Recorder's Office/Registrar of Titles' Office. Eden Prairie Assembly of God Development Agreement Amendment Page 17 of 30 EXHIBIT D-1 EASEMENT The undersigned Grantor(s) for good and valuable consideration, the receipt whereof is hereby acknowledged, do hereby grant and convey to City of Eden Prairie, a municipal corporation of the State of Minnesota, (Grantee), a permanent easement ("Easement") for the following uses and purposes and subject to the following terms and conditions on, over, under and across real property in the County of Hennepin, State of Minnesota, which Easement is described on Exhibit A, depicted in Exhibit B and made a part hereof. 1. Uses and Purposes. The Easement shall be for right-of-way and other public purposes over,under, across and through the Easement Parcel. Use of the easement may include, but is not limited to, construction, operation and maintenance of roadways, utilities (public and private), trails, sidewalks and associated appurtenances. 2. Nonexclusive. The Easement shall be nonexclusive; provided, however, this Easement shall be prior to and superior to any other easement hereinafter granted. Any future easement shall be subject to and subordinate to, and shall not interfere with, the Easement without the consent, in writing, of Grantee. 3. Duration of Easement. The Easement shall be perpetual, shall run with the land, shall be binding upon Grantor and its successors and assigns and shall be for the benefit of Grantee and its successors and assigns. 4. Grantor Ownership. Grantor(s)warrant they are the owners of the real property subject to this Easement and have the lawful right and authority to convey and grant the Easement herein granted. Eden Prairie Assembly of God Development Agreement Amendment Page 18 of 30 Executed this day of 20_ GRANTOR NOT TO BE SIGNED [insert name of Grantor] By: NOT TO BE SIGNED It's NOT TO BE SIGNED STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) This instrument was acknowledged before me on , 20 , by the of , a company organized under the laws of the State of , on behalf of the company. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie Engineering Department 8080 Mitchell Road Eden Prairie, MN 55344 Eden Prairie Assembly of God Development Agreement Amendment Page 19 of 30 EXHIBIT E-1 ORIGINAL DEVELOPMENT AGREEMENT JulJulymez 1979 Ass lies of•God Church 1 bEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into as of J, 11 . 1979 by and between EDEN PRAIRIE ASSEM3LIE5 OF GOD CHUB , a non-profit corporation of the State of Minnesota, hereinafter referred to as "Owner" and the' CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City" WITNESSETH: WHEREAS, Owner has applied to City to change the zoning from Rural to Public for approximately 10 acres more fully described in Exhibit A , attached hereto and made a part hereof and hereafter referred to as "the property", and, WHEREAS, Owner desires to develop the property for church purposes. NOW THEREFORE, in consideration of the Mayor and Council of the City adopting Ordinance #79-21, Owner covenants and agrees to construction upon, • development, and maintenance of said property as follows: 1. Owner shall plat and develop the property in conformance with the material dated May 14, 1979, reviewed and approved by the City Council on June 19, 1979, and attached hereto as Exhibit B. subject to such changes and modifications as provided herein. 2. Owner covenants and agrees to the performance and observance by Owner at such times and in such manner as provided therein • of all of the terms, covenants, agreements, and conditions set forth in Exhibit C attached hereto and made a part hereof. 3. If it is determined by City Engineer that it is needed for realignment of the intersection of Duck Lake Trail and Co.Rd.#4, Owner shall convey by Warranty Deed that portion of the property shown as Outlot A outlined in green on Exhibit B or such part thereof as shall.be determined by the City Engineer to be Ili_ necessary for such intersection. The conveyance of Outlot A or part thereof shall be made by Owner promptly upon notifica- tion by the City Engineer of the need for such portion of the property for such purposes. Eden Prairie Assembly of God Development Agreement Amendment Page 20 of 30 Developer's Agreement-Assemblies of God Church page 2 4. Owner shall dedicate or convey to the City and the public for public passage and use an easement 15 feet wide along the easterly part of the property commencing at the northeast corner thereof and extending southwesterly to the southeast corner thereof as depicted on Exhibit B. The dedication or conveyance shall be made concurrent with or immediately after filing of the plat. 5. Owner shall , prior to issuance of any building permit, submit to the City's Planning Staff for review and approval detailed landscaping, screening, and lighting plans, including but not limited to: 8 foot high parking lot lights, plantings within the parking lot area, and landscape material along the property's southern boundary. 6. City grants Owner a variance from Subd. 2.7, Ord. 135, to permit Owner to construct upon the property a church building incorporating the use of wood materials. 7. Owner shall not construct or permit or cause others to construct any permanent structures or facilities for recreational uses upon the property south of the parking lot. 8. Owner shall submit any revisions to the development plans as outlined in Exhibit B , to the City's Planning Commission for review and approval. 9. Owner shall grade the property in such a manner as to prevent water from draining onto land situated south of the property. Eden Prairie Assembly of God Development Agreement Amendment Page 21 of 30 Developer'sAgreement-Assemblies of God Church page IN WITNESS WHEREOF the parties to this Agreement have caused • these presents to be executed as of the day and year aforesaid. CITY OF EDEN P RIE, a municipal corporatio he State innes to BY: ga H. enzel, is Mayor STATE OF MINNESOTA) )SS. Rog K. Ulstad, Its'Manager COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this /7 day of 1979 by Wolfgang H. Penzel, the Mayor and Roger K. Ulstad, the City nage ❑ Eden Prairie on behalf of the corporation. • Not Pub i ti EDEN PRAIRIE ASSEMBLIES OF GOD CHURCH, a non-profit corporation of the State of nesota ide BY: • Its STATE OF MINNESOTA) BY: )SS. I s COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this It day of , 1979 by pp i. ,-Q the at,dmi..e.d...t and xt Z. aC the ' • on behalf of the Eden Prairie Assem�bllies of God Church. 1 Notary utAlc • p s'FF: tiARY 10 HtfESMAH ,tt ROTARY Pi1RL IC-MINNESOTA _ REHREPIH COURIY My Commission Expims An.10.1484. • • • Eden Prairie Assembly of God Development Agreement Amendment Page 22 of 30 • • ASSEMBLIES OF GODICHURCH Legal Description: That part of the NE 1/4 of the SE 1/4 lying westerly of the center line of Eden Prairie Road and lying southerly of the center line of Duck Lake Trail, all as located in Section 5, Township 116, Range 22 , subject to easements, restrictions and covenants of record if any, Hennepin County, Minnesota. EXHIBIT A Eden Prairie Assembly of God Development Agreement Amendment Page 23 of 30 . . RICHARD I.. LUNDAHL , A. I. A. ARCHITECT 5S09 EOEN PRAIRIE IQA6 CLEM Um/ fN01IS516NA1 IUIL01NC MIMN{ T6M11A 8I1111E5OTA 55343 TE1.(611) 1311011 23 MARCH 1979 SITE DESCRIPTION THE TEN ACRE SITE, OWNED BY EDEN PRAIRIE ASSEMBLIES OF GO❑ CHURCH, RISES GENTLY FROM A WESTERN ELEVATION OF 930. TO A MAXIMUM ELEVATION OF 940 AT THE BUILDING LOCATION, THEN SLOPES MORE SHARPLY DOWN TO ELEVATION 922 AT THE INTERSECTION OF COUNTY ROAD 4 AND DUCK LAKE TRAIL. THE SITE IS PREDOMINANTLY TREELESS EXCEPT FOR THE WESTERN BORDER. THE PRESENT USE IS A CORNFIELD AND THE ZONING IS RURAL. - PRO,JEcT DESRIPTION AND BUILDING SITING THE BUILDING IS LOCATED AT THE CREST OF THE HILL, APPROXIMATELY 140FT. SOUTH OF DUCK LAKE TRAIL, 280FT WEST OF THE INTERSECTION OF COUNTY 4 AND DUCK LAKE TRAIL. THE SOUTHERN BUILDING LINE IS SOME 310FT. FROM THE SOUTHERN PROPERTY LINE. THE BUILDING AS PROPOSED IS APPROXIMATELY 13,000 SQ. FT. IN AREA. THE BUILDING LOCATION ALLOWS NATURAL LIGHT TO.ENTER THE LOWER LEVELIOF THE ADMINISTRATION AND EDUCATION AREAS. THE SANCTUARY IS POSITIONED TO ALLOW S.E. LIGHT T❑ FILTER THRU STAINE❑ GLASS OVER THE BALDACHINO. AND NORTHWEST LIGHT TO ENTER OVER THE MAIN SANCTUARY ENTRANCE. NO W#NDOWS ARE LOCATE❑ ON THE EDUCATION AREA NORTH WALL AS AN ENERGY CONSIDERATION. MATERIALS OF CONSTRUCTION WILL BE SIMPLE AND CONSIST OF MASONRY, REDWOOD, LAMINATED WOOD STRUCTURAL SYSTEM AND GLASS. COLORS WILL BE PREDOMINANTLY EARTH TONED — THE BUILDING IS DESIGNED TO BECOME A PART OF THE SITE. PARKING AREAS WILL BE BERMED BETWEEN ROWS AND AROUND THE PERIMETER. PLANTINGS AND LANDSCAPING WILL CONFORM OR SURPASS REQUIREMENTS OF EDEN PRAIRIE ORDINANCES. PLAYFIELD AREAS SHOWN ON THE SITE PLAN ARE FOR MASTER PLANNING PURPOSES ONLY AND WILL NOT BE CONSTRUCTED AT THIS TIME. WE FEEL THE USE OF THIS SITE AS A CHURCH SITE IS COMPATIBLE WITH THE NEIGHBORHOOD AND WILL ACTUALLY ENHANCE THE VISUAL ENVIRONMENT OF THE SITE. WE RESPECTFULLY REQUEST YOUR APPROVAL OF THIS REZONING• Exhibit B page 1 of 4 Eden Prairie Assembly of God Development Agreement Amendment Page 24 of 30 • • • • • • r A.. IA K I u a is�M.ern C�.1 I a..xnso .. .Ras.1u C. r�7.1 J./ J/ y // ! II • I11 • 1P15Ya e Lip -'. ,IaI.II \, r _, r LI J} • i. i -NW /,./ 0-4..., . . • , • .. . 1... .0 „..„ie470,,,t.i3 . ,. t8'. LIH-: . Illiari -Zi ' I '-.144 M . _ .:i_: xDv 4L'. -j; I Ir rs PR1.s411YawY__.-e1.4..1.__.....-_... .. r..rw1_,{w F.", Ms.--s 44..1'a� • a N.414•11 •a IICO a 1.1a•11 N r.� ra ra ro qqep .111 p,w pn tit IEDELa PR ADE02 AZOEN1EW Ee '®F ®Coil •.0R�f.1VYY :I .iii WI. 1.1.1. I 1,1w....•.11 !1 • ! Eden Prairie Assembly of God Development Agreement Amendment Page 25 of 30 • u T .• Rat VAT101a � •L •. [1ST-----.Ya.'Yn•r.V.l .... -..- _ - ..-. ..- .. 410 w.- . .f..• . i. . - v..i ....a..- :1e 1a .I. i • K - • . COI• •{RTI.N . ..2...e e.u*a. .1.a,c• r...a. •f.w . ✓ Cu .n m w n MOEN IsRWIIBIO; &EBEi9�LIES OF ®O® CD{UNCII J i• .1:. . 1.... .i.a- a i p n�.1i�.>• t ..a........ 1 ill Eden Prairie Assembly of God Development Agreement Amendment Page 26 of 30 ::::41m2k1L....-.-..!'::- . 1141t...1.•::'.• litkir.'!.'''.7:. ''.... ::.!71,1:.::.t::17.-:.:. in Z- xis. .:p(��--f- •'.r7:.4; lli�• - ly- " ri s• 1��. r.3"ii;,en j v f!'j..i _ • �.t�"=•:r'.-.'�;'.:;J_��t.�..�N• .1 f:' .a A Y� .. r1 ::r: 111 -.-.- 2- , _....4 , ..1.4" . _.,:i.t.„,., :. „. _,T. .,,. ......,.# _:...7....: , 1 ,-34'.' ' ''..1-4 /.. '.- -;",;. ::•••,:i.,-;: ..j.- ,:;,•• 1 • -��:o-' _ 5 ` -_.. .. r •''mac.'.;} •1 m'.:�..s.Yr.:%z ,-3- - :T-.h---:;. .a: �.. v7' tk. f� .4'.:: r •- 'ter;;`-"_ j k.^ • ct h• •f�Y Y Y ) • + f i s_ :; ras r"':s;R :: iJ.r Y.= R • a: 'I,,r.•. r=,.. _a;s' ;s s . fir ;+': am : \t i l' .D u.C '4 L I K 6 • • •T.A T-'[ - I. • ... r i: ••Ler 6 :�lr_ wr1 . 'm • u i.' ,ar i . • • Eden Prairie Assembly of God Development Agreement Amendment Page 27 of 30 • DEVELOPER ' S AGREEMENT EXHIBIT C page 1 of 3 I. Owner shall submit a development plan prior to approval of the final plat which shall show proposed grading, storm water drainage areas and direction of flow, preliminary utility plans, ponding area and flood plain high water levels for 100 year storm and minimum floor elevations for all lots. Approval of the final plat shall be subject to approval of the development plan by the City Engineer. II. Owner shall submit detailed construction and storm sewer plans to the ktke a'to r Watershed District for review and approval. Owner shall follow all rules and recommendations of said Watershed District. I11. Prior to the dedication, transfer or conveyance of any real property or interest therein to the City as provided herein, Owner shall deliver to the City an opinion addressed to the City by an Attorney, and in a form , acceptable to City, as to the condition of the title of such property or in lieu of a title opinion, a title insurance policy insuring the condition of the property or interest therein in the City. The condition of the title of any real property or any interest therein to be dedicated, transferred or conveyed as may be provided herein by Owner to City shall vest in City good and marketable title, therein free and clear of any mortgages, liens, encumbrances, or assessments. Eden Prairie Assembly of God Development Agreement Amendment Page 28 of 30 page page 2.3 Exhibit C IV. All sanitary sewer, watermain and storm sewer facilities, streets curb, gutter, sidewalks and other public utilities("improvements") . to be dedicated to the City shall be designed in compliance with City standards by a registered professional engineer and submitted to the City Engineer for approval. All private improvements shall conform to the City's building code requirements. The Owner, through his engineer, shall provide for competent daily inspection during ' the construction of all improvements. As-built drawings with service and valve ties on reproduceable mylar shall •be delivered to the City Engineer within 60 days of completion thereof. Prior to final plat approval, or issuance of building permits, if no final plat is required, the Owner shall: 1 A. Submit a performance bond or letter of credit which guarantees completion of all improvements to be dedicated to the City as determined by the City Engineer. The amount of the bond or letter of credit shall be 125% of the estimated construction cost of said improve- ments. The bond or letter of credit shall be in such form and contain such other provisions and terms as may be required by the City Engineer. The Owner's registered engineer shall make and submit for approval to the City Engineer a written estimate of said costs. Said bond or letter of credit shall specify that said improvements shall be completed and acceptable to the City Engineer not later than a date to be specified by the City Engineer and that said improvements shall be fully guaranteed against any defects in materials or workmanship for a period of two years following said completion and acceptance date. Acceptance of improvements by City shall be subject to recommendations of the City Engineer and to receipt by the City of the Owner's warranty, guarantying such improvements against any defect or defects therein for a period of at least two years, together with a band or letter of credit in the amount of 25% of the costs for such improvements in such form as shall be acceptable to and containing such further terms as shall be required by the City. B. In lieu of the provisions of subparagraph V.A. above, Owner may submit a 100% petition signed by all fee owners of the property, requesting the City to install the improvements to be dedicated to the City. Upon approval by the City Council, the City may cause said improvements to be made and special assessments for all costs for said improvements will be levied on the property, except any thereof which shall be dedicated to the public,over a five year period.. Prior to the award of any contract by the City for the construction of any improvements, Owner shall have entered into a contract for rough grading of streets included in the improvements to a finished subgrade elevation. Contractor's performance of the rough grading work shall be secured by a bond orletter of credit which shall guarantee completion of the rough grading as determined by the City Engineer. The amount of the bond or letter of credit shall be 125% of the cost of such rough grading and shall be in such form and contain such further terms as may be required by the City Engineer. Eden Prairie Assembly of God Development Agreement Amendment Page 29 of 30 Developdr's Agmt SVd. go. •. page 3 of 3 Exhibit C C. Submit to the City Engineer a development plan showing existing contours, proposed grading, finished elevations, streets, sewer, water and storm sewer preliminary align- ment and grades, minimum floor elevations on each lot, drainage ponds, high water elevations, and arrows show- ing-direction of surface drainage, locations of trails, etc. D. Pay to City fees for first year street lighting (public streets) engineering review , and street signs. V . Owner shall file this Agreement with the Register of Deeds or Registrar of Titles and supply the City with a copy of this Agreement with informs ion as to Document Number and date and time of filing duly cetified thereon within 60 days from the date of this Agreementl. VI . If Owner fails to proceed in accordance with this Agreement within 24 months of the date hereof and provide proof of • filing in accordance with item VI. hereof, Owner for itself , its successors, and assigns shall not oppose rezoning of said property to Rural. • VII . Provisions of this Agreement shall be binding upon and enforceable against Owner, its successors, and assigns of the property herein described. • VII]. Owner represents and warrants it owns fee title to the property free and clear of mortgages, liens and other encumbrances, except: • Eden Prairie Assembly of God Development Agreement Amendment Page 30 of 30 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar October 17, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 17-5983 ITEM NO.: Public Works/Engineering Adopt Resolution Supporting Application for VIII.C. Funding from the Local Road Improvement Program for the Duck Lake Road Reconstruction Project Requested Action Move to: Adopt a resolution supporting application for funding from the Local Road Improvement Fund for the Duck Lake Road Reconstruction Project. Synopsis The Local Road Improvement Program Funding from the Minnesota Department of Transportation is a program to assist in funding local projects that are of regional significance, address a transportation deficiency or improve the safety on local roads. The reconstruction of Duck Lake Road from Duck Lake Trail to approximately Mallard Court is a candidate for this funding. The resolution provides the City's endorsement of the application and its commitment to fund the project if selected. Background Information In 2017, the State legislature appropriated bond funds of approximately $25.3 million to The Local Roads Improvements Program established by Minnesota State Statue for a statewide solicitation to fund projects. The projects must be a local road construction, reconstruction, or reconditioning project that meets certain eligibility requirements. The maximum funding amount that may be requested by a State Aid City over 5,000 is $1,000,000. The Minnesota Department of Transportation (MnDOT) State Aid for Local Transportation Office is responsible for the administration of the program and makes funds available to communities through a competitive process. The city would be the applicant for the project. A Professional Services Agreement with Bolton & Menk for the preliminary design of Duck Lake Road was approved by Council on May 2, 2017. The project will consist of reconstructing Duck Lake Road from Duck Lake Trail to approximately Mallard Court, the addition of a storm water management system, and the addition of pedestrian facilities. Applications for funding are due November 3, 2017 and applicants will be notified of the results in March, 2018. The project cost estimate in the CIP is $1.35 million, however this number is expected to change as the scope of the project is more completely defined through the preliminary design. Construction of the project is anticipated for 2018 or 2019. Attachment City of Eden Prairie Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2017- ENDORSING THE FUNDING APPLICATION FOR THE DUCK LAKE ROAD RECONSTRUCTION PROJECT WHEREAS, the City Council of the City of Eden Prairie is the official governing body of the City of Eden Prairie; and WHEREAS, the Minnesota Department of Transportation's Local Road Improvement Program has made funding available to communities for infrastructure improvement projects on local roads that address a transportation deficiency or result in safety improvements. WHEREAS, the Duck Lake Road Reconstruction Project includes reconstruction of Duck Lake Road from Duck Lake Trail to approximately Mallard Court which is currently narrow, has inadequate storm water management infrastructure, and lacks pedestrian facilities, and WHEREAS, the reconstruction of Duck Lake Road along with the installation of pedestrian facilities would provide for a safe route to the adjacent elementary school, and WHEREAS, the upgrades to the storm sewer system and storm water management system will result in improved water quality to Duck Lake, and WHEREAS, the Local Road Improvement Program administered by the Minnesota Department of Transportation provides up to $1 million in capital assistance for infrastructure improvement projects on local roads that address a transportation deficiency or result in safety improvements. NOW, THEREFORE, BE IT RESOLVED that the Eden Prairie City Council does hereby support actively pursuing Local Road Improvement Program funds. ADOPTED by the Eden Prairie City Council on October 17, 2017. Nancy Tyra-Lukens, Mayor ATTEST: SEAL Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar October 17, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Matt Bourne Professional Services Agreement with HTPO for VIII.D. Parks and Natural Resources the Staring Lake Play Court Improvement Project Manager Requested Action Move to: Authorize entering into a Standard Agreement for Professional Services with HTPO for development of plans and specifications and bidding administration for the Staring Lake Park Play Court Improvement project at a cost not to exceed $45,200.00. Synopsis Staff recommends entering into a professional services agreement with HTPO for development of plans and specification for the renovation of the tennis and basketball courts and the construction of 4, 6 or 8 pickleball courts at Staring Lake Park. Background City staff entered into an agreement with HTPO for the conceptual design services for this project in August. This concept was presented to Council and staff was directed to proceed with the development of plans and specifications for the Staring Lake Play Court Improvement project and receive bids. HTPO has performed similar work for the Round Lake Phase II and Cedar Hills Park projects and staff feels very comfortable recommending them for this project. Recommendation The proposal from HTPO is in line with our estimate and staff recommends approval of this contract. Attachments Standard Agreement for Professional Services Proposal Letter from HTPO 2017 06 01 Agreement for Professional Services This Agreement ("Agreement") is made on the 17th day of October, 2017, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Hansen, Thorp, Pellinen, Olson, Inc., a Minnesota Cooperation (hereinafter "Consultant") whose business address is 7510 Market Place Drive, Eden Prairie, MN 55344. Preliminary Statement The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of professional services by Consultant for development of Plans and Specifications and Bid Administration of Staring Lake Park Play Court Improvements hereinafter referred to as the "Work". The City and Consultant agree as follows: 1. Scope of Work. The Consultant agrees to provide the professional services shown in Exhibit A in connection with the Work. Exhibit A is intended to be the scope of service for the work of the Consultant. Any general or specific conditions, terms, agreements, consultant or industry proposal, or contract terms attached to or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any manner. 2. Term. The term of this Agreement shall be from October 17, 2017 through the completion of the work the date of signature by the parties notwithstanding. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated. 3. Compensation for Services. City agrees to pay the Consultant on an hourly basis plus expenses in a total amount not to exceed $45,200.00 for the services as described in Exhibit A. a. Any changes in the scope of the work which may result in an increase to the compensation due the Consultant shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. b. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City. c. If Consultant is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental Version 2017 06 01 actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. 4. City Information. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services: a. Access to the Area. Depending on the nature of the Work, Consultant may from time to time require access to public and private lands or property. As may be necessary, the City shall obtain access to and make all provisions for the Consultant to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work. b. Consideration of the Consultant's Work. The City shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Consultant, and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the Consultant. c. Standards. The City shall furnish the Consultant with a copy of any standard or criteria, including but not limited to, design and construction standards that may be required in the preparation of the Work for the Project. d. City's Representative. A person shall be appointed to act as the City's representative with respect to the work to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the services provided or materials, equipment, elements and systems pertinent to the work covered by this Agreement. 5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an itemized invoice for professional services performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City for: a. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall indicate for each employee, his or her name, job title, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Consultant shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Consultant shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City's project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract. Page 2 of 10 2017 06 01 b. Suspended Work. If any work performed by the Consultant is suspended in whole or in part by the City, the Consultant shall be paid for any services set forth on Exhibit A performed prior to receipt of written notice from the City of such suspension. c. Payments for Special Consultants. The Consultant shall be reimbursed for the work of special consultants, as described herein, and for other items when authorized in writing by the City. d. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." 6. Project Manager and Staffing. The Consultant shall designated a Project Manager and notify the City in writing of the identity of the Project Manager before starting work on the Project. The Project Manager shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Consultant may not remove or replace the Project Manager without the approval of the City. 7. Standard of Care. Consultant shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Consultant shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Consultant's breach of this standard of care. Consultant shall put forth reasonable efforts to complete its duties in a timely manner. Consultant shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Consultant shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 8. Termination. This Agreement may be terminated by either party by seven (7) days written notice delivered to the other party at the address written above. Upon termination under this provision, if there is no fault of the Consultant, the Consultant shall be paid for services rendered and reimbursable expenses until the effective date of termination. If however, the City terminates the Agreement because the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant, and the City may retain another consultant to undertake or complete the Work identified herein. 9. Subcontractor. The Consultant shall not enter into subcontracts for services provided under this Agreement except as noted in the Scope of Work, without the express written consent of the City. The Consultant shall pay any subcontractor involved in the performance of this Agreement within ten (10) days of the Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. If the Page 3 of 10 2017 06 01 Consultant fails within that time to pay the subcontractor any undisputed amount for which the Consultant has received payment by the City, the Consultant shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Consultant shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Consultant shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 10. Independent Consultant. Consultant is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Agreement, who shall be employees, and under the direction, of Consultant and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Consultant an employee of the City. 11. Insurance. a. General Liability. Prior to starting the Work, Consultant shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Consultant or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. b. Consultant shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker's Compensation Statutory Limits Employer's Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General $1,000,000 property damage and bodily Liability injury per occurrence $2,000,000 general aggregate $2,000,000 Products—Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Page 4 of 10 2017 06 01 Umbrella or Excess Liability $1,000,000 c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products- completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. d. Professional Liability Insurance. In addition to the coverages listed above, Consultant shall maintain a professional liability insurance policy in the amount of $2,000,000. Said policy need not name the City as an additional insured. It shall be Consultant's responsibility to pay any retention or deductible for the professional liability insurance. Consultant agrees to maintain the professional liability insurance for a minimum of two (2) years following termination of this Agreement. e. Consultant shall maintain "stop gap" coverage if Consultant obtains Workers' Compensation coverage from any state fund if Employer's liability coverage is not available. f. All policies, except the Worker's Compensation Policy, Automobile Policy, and Professional Liability Policy, shall name the "City of Eden Prairie" as an additional insured including products and completed operations. g. All policies, except the Professional Liability Policy, shall apply on a "per project" basis. h. All General Liability policies, Automobile Liability policies and Umbrella policies shall contain a waiver of subrogation in favor of the City. i. All policies, except for the Worker's Compensation Policy and the Professional Liability Policy, shall be primary and non-contributory. j. All polices, except the Worker's Compensation Policy, shall insure the defense and indemnity obligations assumed by Consultant under this Agreement. The Professional Liability policy shall insure the defense and indemnity obligations assumed by Consultant under this Agreement except with respect to the liability for loss or damage resulting from the negligence or fault of anyone other than the Consultant or others for whom the Consultant is legally liable. k. Consultant agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City's written acceptance of the Work. Page 5 of 10 2017 06 01 1. It shall be Consultant's responsibility to pay any retention or deductible for the coverages required herein. m. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days' prior notice to the City, except that if the cancellation or non-renewal is due to non-payment, the coverages may not be terminated or non- renewed without ten(10) days' prior notice to the City. n. Consultant shall maintain in effect all insurance coverages required under this Paragraph at Consultant's sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-,unless specifically accepted by City in writing. o. A copy of the Consultant's Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Consultant's Work. Upon request a copy of the Consultant's insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Consultant has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Consultant of any deficiencies in such documents and receipt thereof shall not relieve Consultant from, nor be deemed a waiver of, City's right to enforce the terms of Consultant's obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. p. Effect of Consultant's Failure to Provide Insurance. If Consultant fails to provide the specified insurance, then Consultant will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City(including sole negligence) and regardless of the extent to which the underlying occurrence (i.e.,the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that this indemnity shall be construed and applied in favor of indemnification. Consultant also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. Page 6 of 10 2017 06 01 If a claim arises within the scope of the stated indemnity, the City may require Consultant to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Consultant's insurance company. Consultant will take the action required by the City within fifteen(15) days of receiving notice from the City. 12. Indemnification. Consultant will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney's fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Consultant, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Consultant, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Consultant harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 13. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement ("Information") shall become the property of the City, but Consultant may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Consultant also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Agreement ("Project") does not relieve any liability on the part of the Consultant, but any use of the Information by the City or the Consultant beyond the scope of the Project is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 14. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof GENERAL TERMS AND CONDITIONS Page 7 of 10 2017 06 01 15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 16. Compliance with Laws and Regulations. In providing services hereunder, the Consultant shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 17. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. 18. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. 19. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 20. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to termination of this Agreement and for one (1) year thereafter, without prior written consent of the former employer in each case. 21. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Agreement or thereafter of any of the rights or remedies of the City under this Agreement. 22. Entire Agreement, Construction, Application and Interpretation. This Agreement is in furtherance of the City's public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Contract shall be valid only when expressed in writing and duly signed by the parties,unless otherwise provided herein. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Non-Discrimination. During the performance of this Agreement, the Consultant shall not discriminate against any employee or applicants for employment because of race, Page 8 of 10 2017 06 01 color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Consultant shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Consultant shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Consultant further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 25. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Agreement if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 26. Rights and Remedies. The duties and obligations imposed by this Agreement and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 27. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City. 28. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 29. Statutory Provisions. a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the Consultant or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement. b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Consultant under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. This Agreement is subject to the Minnesota Government Page 9 of 10 2017 06 01 Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Consultant in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the Data Practice Act and Consultant shall comply with those requirements as if it were a government entity. All subcontracts entered into by Consultant in relation to this Agreement shall contain similar Data Practices Act compliance language. 30. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager CONSULTANT By: Its: Page 10 of 10 2017 06 01 Exhibit A Scope of Services 1. Supplemental Surveying We will provide Land Surveying services, including: a. Additional topographic survey to the south and west to cover entire proposed disturbed area of project. b. Pick up water service line. Assumes City will locate and mark line. c. Boundary computations for determination of County ROW. 2. Civil Engineering— Construction Documents We will provide Civil Engineering services, including: a. Finalize preliminary layout with alternates. b. Participation at up to three meetings with City staff. c. Preparation of final plans for base layout and alternates, grading, surface drainage, storm water management, turf restoration, erosion/sediment control, SWPPP, and site details. d. Preparation of specifications. e. Final cost estimate for base bid and alternates. f. Preparation of documents for Watershed District approval/permit, MPCA Stormwater permit, and Hennepin County permit. Assumes City will submit County permit. 3. Geotechnical Evaluation Braun Intertec will provide Geotechnical services, including: a. Conduct up to four soil borings and prepare geotechnical report. 4. Bid Administration We will provide Bid Administration services, including: a. Plan distribution. b. Answer contractors' questions. c.' Attend bid opening. d. Review bids and prepare bid tabulation. e. Provide letter of recommendation. Page 11 of 10 2017 06 01 Z � p I I Engineering•Surveying ; ) Landscape Architecture 1 / 1 October 12,2017 Matt Bourne City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 952-949-8535 e-mail: mbourne@edenprairie.org RE: Addition of Pickleball Courts and Tennis Court and Basketball Court Reconstruction at Staring Lake Park 14800 Pioneer Trail,Eden Prairie,Minnesota Dear Matt, Per your request, we are pleased to submit this proposal to you for construction document phase services for the above referenced project. We have based this proposal on the preliminary design work previously completed by HTPO and subsequent meetings. SCOPE OF SERVICES We propose to provide the following services for the project area: 1. Supplemental Surveying We will provide Land Surveying services, including: a. Additional topographic survey to the south and west to cover entire proposed disturbed area of project. b. Pick up water service line. Assumes City will locate and mark line. c. Boundary computations for determination of County ROW. 2. Civil Engineering—Construction Documents We will provide Civil Engineering services, including: a. Finalize preliminary layout with alternates. b. Participation at up to three meetings with City staff. c. Preparation of final plans for base layout and alternates, grading, surface drainage, storm water management, turf restoration, erosion/sediment control,SWPPP,and site details. d. Preparation of specifications. e. Final cost estimate for base bid and alternates. f. Preparation of documents for Watershed District approval/permit, MPCA Stormwater permit, and Hennepin County permit. Assumes City will submit County permit. 3. Geotechnical Evaluation Braun Intertec will provide Geotechnical services, including: a. Conduct up to four soil borings and prepare geotechnical report. 7510 Market Place Drive Eden Prairie, MN 55344 Phone: 952-829-0700 Fax: 952-829-7806 www.htpo.com HANSEN THORP PELLINEN OLSON, INC. Page 2 of 2 RE: Staring Lake Park October 12, 2017 4. Bid Administration We will provide Bid Administration services,including: a. Plan distribution. b. Answer contractors' questions. c. Attend bid opening. d. Review bids and prepare bid tabulation. e. Provide letter of recommendation. ASSUMPTIONS • Base bid will include 4 pickleball courts with alternates for 6 and 8 courts. • Lighting is not included. • Landscape planting/tree replacement is not included. • Presentation drawings will not be required. SCHEDULE We assume all work will be completed in 2017 and early 2018. We understand that the tentative schedule is to go Out to Bid in January/February'18. COMPENSATION Compensation for those items described in the Scope of Services above will be hourly not-to-exceed the following amount: Scope of Services Fee 1. Supplemental Surveying $ 2,400 2. Civil Engineering-Construction Documents $35,000 3. Geotechnical Evaluation $ 4,500 4. Bid Administration $ 2,300 SUBTOTAL $44,200 Estimated Reimbursable Expenses $ 1,000 TOTAL $45,200 REIMBURSABLE EXPENSES AND PAYMENTS: Invoices will be submitted based on actual hours worked using a 2.4 multiplier times direct personal expense, and reimbursable expenses incurred (printing, courier, and other out-of-house documents and fees). We will keep you informed of our work progress and the above fee estimate will not be exceeded without prior approval from your office. We invoice our services monthly payable within 30 days. We appreciate this opportunity to be a resource to you and we look forward to working with you on this project. Sincerely, HANSEN THORP PELLINEN OLSON, INC. 4Vit&IL- ! du-144 a. Adam Pawelk, PE Laurie A.Johnson, E Project Engineer President CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar October 17, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Aditi Salunke, IT Manager Purchase and install audio-visual equipment for VIII.E. Heritage Conference Rooms Requested Action Move to: Authorize purchase and implementation of audio and visual equipment for Heritage Conference rooms from EPA with 1 year support for$48,000. Synopsis The audio and visual equipment in Heritage conference rooms is outdated and needs to be replaced. These upgrades will include new projectors, manual recessed screens, HDMI interfaces compatible with a wider range of digital media, additional speakers and microphones, ability to conduct audio and web conferencing, and ability to switch sources with a Crestron DigitalMedia Switcher. Digital signal processors will be integrated to facilitate audio routing based on the way Heritage rooms are partitioned. Background The IT team worked with EPA Audio Visual Inc. and Parallel technologies to review requirements and obtain quotes. The quote from Parallel technologies came in higher than EPA, but includes a credenza for equipment. With EPA, we will purchase credenzas separately. Taking into consideration the equipment proposed by EPA (better audio equipment, touch screens, audio routing and other functionality) as well as previous experiences working with their resources, the IT team recommends moving forward with EPA for this project. Attachments EPA Quote Parallel Technologies Quote City Standard Agreement signed by EPA PROJECT PROPOSAL EXHIBIT A TO CONTRACT ,, ,,.it EDEN PRAIRIE LIVE'WDRK.DREAM Heritage Meeting Rooms rev2 Eden Prairie City Center State of Minnesota Contract Reference#21681 ea AUDIO VISUAL, INC. itigi 7910 State Highway 55 Rockford,MN 55373 763-477-6931 .800-362-3674 www.epaaudio.com f'.\H IB„,1'(I C(1\1'lt , This Proposal Compiled for: Mat Larson System Administrator Heritage Meeting Rooms rev2 City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 State of Minnesota Contract Reference#21681 Presented by: Shane King EPA Regional Sales Manager Justin Dorion Designer/Programmer June 29,2017 Copyright 2017, EPA Audio Visual, Inc. All Rights Reserved 2 City of Eden Prairie June 29,2017 Mat Larson 8080 Mitchell Road Eden Prairie, MN 55344 Subject:Heritage Meeting Rooms,Audio Visual Upgrades rev2 City of Eden Prairie-Mat-Heritage Meeting Rooms-062917rev2 Based on the information given and site visit,we have prepared this proposal to install the audio visual system at City of Eden Prairie. This proposal includes the scope of work,system costs,standard warranty,scheduling and implementation. EPA is a premier communication technology integration firm. We specialize in design and design/build A/V solutions as well as A/V technology upgrade solutions for integrated multimedia presentation systems, audio systems, distributed media,video conferencing and portable systems. Scope of Work EPA Audio Visual, Inc.will make requested audio visual improvements to the Heritage Meeting Rooms at the Eden Prairie City Center. Updates will include; new projectors,screens and HDMI interfacing to allow for compatibility with the latest digital devices. Heritage Meeting Rooms: For video display,Sony high-definition laser projectors and larger 65"x 116" manual ceiling recessed screens will replace the existing equipment. Multimedia interfacing will be provided by Crestron's DigitalMedia''Transmission System featuring HDMI or VGA w/audio connectivity located at the credenzas in Heritage I and III. Additional sources include existing dedicated PCs in each room,and a single Denon Blu-ray disc player which will replace the DVD/VCR in Heritage I. For combined room usage,a single HDMI wall plate will be provided at the front of the Heritage I room for a connection at the podium. All sources will be switched and distributed by a Crestron DigitalMediaT" Presentation Switcher which will replace the existing Extron switching system. The video signal will be scaled to 1080p to maximize output resolution of the new display system. Note:New manual projection screens will be shipped in advance of the EPA installation date for City of Eden Prairie facilities to manage removal and replacement of the screens. Program audio will be provided by a new Lab Gruppen E-series,four channel amplifier which will drive the eight existing Soundtube ceiling speakers. Four additional speakers will be installed in the back rooms to provide more'even'sound coverage throughout the space. For speech reinforcement and audio conferencing use, (4)Shure GLXD wireless microphones, one lavalier and one handheld per room,will be integrated as well as a wired gooseneck microphone within the existing podium. Biamp TesiraFORTE digital signal processors will be integrated to facilitate the appropriate audio routing and sound configuration based on the partition door layout. The Biamp DSP will also be configured for PC soft conferencing via USB and VolP/SIP audio conferencing integration allowing for each main room(I and III)to simultaneously host web conferencing and/or audio conferencing when rooms are separated.Note:Setup and configuration of the Vo/P line will require coordination with owner's IT department. To aid the presenter, dual 10"touch panel controllers will be wall mounted, one each in Heritage I and III.A fully customized user interface will provide simplistic operations consisting of power on/off commands, input switching and volume control of the system. An audio conferencing dialer will also be programmed for conference call use within Room I only. For security purposes, a passcode will be programmed to prohibit unauthorized use of the A/V system. To further automate the system's audio and video routing;four independent partition wall sensors will be installed to monitor the rooms'configuration.When the doors are open,the rooms will operate in "combine" mode and video will be mirrored on the projection systems while audio will automatically output throughout the four rooms. When the doors are closed the system will revert back to"separate" mode and each space will operate as independent rooms. Copyright 2017, EPA Audio Visual,Inc. All Rights Reserved 3 New owner-furnished AVF credenzas with integrated equipment racks will house all system components. Connect-It cable grommet systems will be installed into the tops of the credenzas to provide easy access to interconnect cables for user devices. Notes:EPA is not responsible for the functionality of existing equipment or faulty infrastructure incorporated into the upgraded system. Rooms ll and IV do not receive any technology and are only intended for audio overflow when in a"combined"configuration. Construction and electrical requirements necessary to complete this room are not included in the proposal. A general and electrical contractor may have to be contracted by the owner. Copyright 2017, EPA Audio Visual, Inc. All Rights Reserved 4 System Implementation EPA provides full sales and service of audio visual systems.This includes equipment,service design,installation, maintenance, training,and custom programming. Service-Design: Includes meeting with the client's technical and contract representatives and resolution of questions or issues outstanding • Preparation of system interconnection diagrams and system functionality • Coordinate installation process,system implementation,monitoring and submittal review with client and their contractors • Stage equipment and materials at our location • Submit owner's manuals and all equipment documentation • Supervise end-user training on systems operation Service-Installation: Includes labor performed on the job site • Mounting projectors,flat panel displays microphones, etc. • Labeling all cable within the room • Terminating all cable within the room • Adjusting and balancing audio gain settings • Assure the finished system meets design criteria and functions per scope of work • Site clean-up and disposal, etc. Service-Custom Programming: • Preprogramming and/or on-site programming of the audio visual control system Service-Training: Includes onsite training with client • Providing client with basic or custom training of the audio visual system Exclusions:The following items are not included in our scope of work unless agreed upon by both parties involved • All conduit, high voltage wiring, breakers, relays, boxes, receptacles, etc. • Building or site construction or demolition • Concrete cutting, core drilling etc. • Sheet rock replacement or repair necessary for implementation of AV system • Ceiling tile or grid work removal or replacement • All millwork(moldings,trim,etc.) • Permits(unless specified in contract) • Painting or refinishing necessary for implementation of AV system System Costs - State of MN Contract#21681 The system costs include the provision of equipment,hardware, cable,connectors,etc.,as well as all engineering, project management, and field installation labor necessary to provide a complete operational system as described above. Copyright 2017, EPA Audio Visual, Inc. All Rights Reserved 5 Video Equipment: Qty I Brand I Model and Description $Eachl $Extended 2 Sony VPL-PHZ10,5000 Im WUXGA LaserLite Projector 2,826.25 5,652.50 2 Dalite 85739C,65"x 116"Advantage Manual w/CSR(Ceiling Recessed) 1,018.54 2,037.08 2 Chief CMS440, Projector Ceiling Kit 92.88 185.76 2 Chief RPMCU, RPA Universal Projector Mount 177.12 354.24 2 Chief CMS018,18" Fixed Extension Column 28.37 56.74 2 Chief CMA472,Above Ceiling Plenum Enclosure 84.96 169.92 2 Miscellaneous Dedicated PC w/DisplayPort output OFE OFE 1 Crestron DM-TX-4K-302-C,4K DM 8G+®Transmitter 302(w/VGA) 1,160.00 1,160.00 2 Crestron DM-RMC-SCALER-C, DM 8G+®Rx/Scaler 812.00 1,624.00 1 Crestron DM-TX-4K-100-C-1G-B-T,W.P.4K DigitalMedia 8G+®Tx 100(Black) 406.00 406.00 2 Crestron TT-100-B-T,Connect It''Cable Caddy w/120V Outlet, No Cables(Black) 174.00 348.00 4 Liberty M2-HDSEM-M-06F, 6' Reduced Profile HDMI Cable 8.19 32.76 1 Liberty M2-HDSEM-M-15F, 15' Reduced Profile HDMI Cable 11.72 11.72 2 Liberty M2-HDSEM-M-12F, 12' Reduced Profile HDMI Cable 10.85 21.70 2 Liberty E-MVGAMAM-M-12, 12'VGA Micro Cable w/Audio 19.52 39.04 2 Liberty E-DPM-HDM-06F,6' Economy DisplayPort to HDMI Cable 15.15 30.30 2 Liberty DL-AR1883, DigitalLinx HDMI Adapter Ring w/DP, MDP, USB-C Adapters 85.82 171.64 1 Liberty E-USBAB-6,6'3.0 USB-A to USB-B 4.54 4.54 1 Liberty Video Cables 125.00 125.00 Program Audio&Speech Reinforcement: Qty Brand Model and Description I $Eachl $Extended 8 Soundtube 6.5"Ceiling Speaker Existing Existing 4 Soundtube CM600i,6.5" In-Ceiling Speaker w/Transformer 256.20 1,024.80 1 2 Biamp TesiraFORTE AVB VI,Conferencing DSP: 12(AEC)in x 8 out w/SIP&VoIP 2,358.82 4,717.64 1 1 Lab.Gruppen E 5:4,500W 4-Channel Audio Amplifier 815.64 815.64 1 Shure MX418S/C, 18"Gooseneck Microphone w/Mute&LED 199.65 199.65 2 Shure GLXD24R/SM58, Digital Handheld Wireless System 508.20 1,016.40 2 Shure GLXD14R/85, Digital Lavalier Wireless System 552.97 1,105.94 4 Shure SB902, Lithium-ion Battery Pack 24.20 96.80 2 Shure UA221-RSMA, Passive Antenna Splitter 204.49 408.98 1 Liberty EPA-WQ501111,Custom Podium Microphone Wall Plate 43.30 43.30 1 Liberty Audio Cables 250.00 250.00 Copyright 2017, EPA Audio Visual, Inc. All Rights Reserved 6 Media Control System: Qty Brand Model and Description $Each $Extended 1 Crestron DMPS3-300-C,3-Series®DigitalMedia'"' Presentation System 300 3,712.00 3,712.00 1 Crestron PW-4818DU,90W PoDM Power Pack for DMPS 145.00 145.00 2 Crestron TSW-1060-B-S, 10"Touch Screen (Black) 1,392.00 2,784.00 4 Crestron GLS-PART-CN, Cresnet®Partition Sensor 406.00 1,624.00 1 Crestron C2N-HBLOCK,Cresnet Distribution Block 174.00 174.00 4 Crestron PW-2420RU,50 Watt Cresnet Power Supply 145.00 580.00 2 Miscellaneous Wireless Keyboard&Mouse OFE OFE 1 Liberty NRS8FP,Niveo 8 Port+Uplink PoE Network switch 155.08 155.08 1 Liberty Control Cables 215.00 215.00 Equipment Rack: Qty I Brand I Model and Description $Eachl $Extended 1 AVFI LEX32, Executive Lectern Existing Existing 2 AVFI CR3000EX,3-Bay Credenza w/Integrated 36 Space Rack Existing Existing 2 Middle Atlantic PD-815RA-PL, Rack Mount Surge Strip(Brushed Aluminum Front) 198.36 396.72 2 Middle Atlantic RC-4,4RU Clamping Rack Shelf 75.76 151.52 2 Middle Atlantic D2,2RU Anodized Drawer 141.88 283.76 4 Middle Atlantic VT1, 1 Space Vented Blank Panel 13.09 52.36 1 Middle Atlantic PD-815SC-NS,8 Outlet Vertical Power Strip 18" 90.92 90.92 I 1 Middle Atlantic UFA-8-F2, 1RU 8"D RackShelf w/2RU Faceplate 46.14 46.14 6 Middle Atlantic U4,4RU Utility Rack Shelf 65.44 392.64 6 Middle Atlantic EB4,4 Space Flanged Blank Panel 17.23 103.38 Summary $Totals Equipment Total: 33,016.61 1.1.44-Fasteners, Connectors,Other: 640.00 Service-Installation: 8,700.00 Service-Custom Programming: 2,800.00 Service-Design: 910.00 Service-Light Construction: 1,200.00 Project Total: 47,266.61 *State of Minnesota Contract Reference#21681 *Sales Tax not included if applicable Copyright 2017, EPA Audio Visual,Inc. All Rights Reserved 7 Payment Sche e Covered by paragraph 4 of contract All payments are due Net-30 days date of de' ry on equipment,with an active account.All others will be required to pay fifty(50)percent upon order and the bala completion of the project. If there is a delay in scheduling due to room availability,electrical or construction . equip t will be billed at that time. Labor will be billed after final installation and training. Payment(s) can be ma in the form of EFT's, h,Check or Credit Card. If a Credit Card is used, it must be presented at the time of order. Cred: ards may not be used after a pro has been invoiced or after Net-30 or greater terms has been taken. Remit and Order Address:(All payments must be mailed to address below) EPA Audio Visual, Inc. 7910 State Hwy 55 Rockford, MN 55373 763-477-4395—Fax EPAStaff@epaaudio.com ard Warranty Coverd by paragraph 9 of contract Stan • EPA warrants th- .udio visual system furnished to be free from defects in -.rkmanship (i.e.cables, connections,structures) failure for a period o .•e(1)year from the date of acceptance or fir .eneficial use,whichever occurs first. Warranty service for such defects wi •e handled in a reasonable and tim- manner from the time of notification to EPA by the owner or their agent. • Warranty applies only to equipment : • on contract ough EPA Audio Visual, Inc.and does not include existing or owner furnished equipment. • EPA will provide a 24-hour support phone . •_ It will be determined at the time of the call if a service technician will be required to make a service call. If a s- . ce call is nee•-d, a service technician will be sent to the owner's location within a reasonable amount of time. • Warranty period on equip - t shall start on the day of installa of equipment. • Manufacturer's equip • nt warranties are of varying lengths(usually •. days to 3 years). • EPA will warrant -. ipment for the term established by the manufacturer. • Warranty d•- not apply to any product that has been subject to misuse, negle accident or operational error. Implementation Team Shane King,(763)477-6931 will serve as your Account Manager and will provide primary coordination of systems and equipment recommendations and pricing for the project. Justin Dorion,(763)477-6931 will serve as Project Engineer and will oversee the various disciplines within the EPA team. Other members of the EPA technical and administrative staff will be utilized as required for the project. Copyright 2017, EPA Audio Visual, Inc. All Rights Reserved 8 Summary We are confident that our participation in your Heritage Room upgrade project will contribute to its success . We appreciate the opportunity to submit this proposal package , and look forward to your authorization to proceed . Sincerely, edecc:ifsaa,," Shane King Customer or Authorized Representative : Your signature below acknowledges you have read and agree to the stated proposed information and authorize EPA Audio Visual , Inc . to proceed with the project . Signature Print Name Title Date Project Total : $ 47, 266 . 61 * State of Minnesota Contract Reference #21681 * Sales Tax not included if applicable Copyright Notice : EPA hereby authorizes duplication of this material to the extent necessary in connection with the implementation and use of the system , however any other duplication of this material in any form or format, including but not limited to use for purpose of re - bidding the work with a competitor of EPA, cannot be made without the advanced written permission of EPA . • This proposal including its system design , function and programming are solely owned by EPA • Copyright pertains to equipment list, design , function , drawings, graphics, overlays, programming, layouts etc . related to this proposal • Duplication includes photocopies, facsimiles, electronic transfer, etc . • If extra copies of the document or drawings are necessary, a written request can be made to EPA Audio Visual , Inc . Copyright 2017, EPA Audio Visual, Inc. All Rights Reserved 9 afer, v . . _ PARALLEL IECHNOLOG1ES PROPOSAL ttmit r =- r 7667 Equitable Dr, Suite 201 Eden Prairie, Minnesota 55344 Phone: 952-920-7185 Quote To : Ship To : City of Eden Prairie City of Eden Prairie Quote ID : PTIQ10227 Mat Larson Mat Larson Date : 07/ 10/ 17 City Center City Center Expires : 8/9/2017 Eden Prairie MN 55344 - 2230 Eden Prairie MN 55344- 2230 Prepared By : Josh Klein Project Overview The two existing projectors will be removed and two new projectors will be installed in their place . The projectors will feature a laser light engine with a brightness of 5 , 200 lumens and a native sesolution of 1920x1200 . The projector will be set to 19 : 9 mode ( 1920x1080 ) . Two new manual recessed projection screens will replace the existing and will measure 133 " diagonal with a 16 : 9 aspect ratio . One wall plate input with one VGA/Audio and one HDMI will be installed at the front of the room under the screen in each projector room . Up to three local ( equipment rack) HDMI inputs will be installed in the equpment rack and will allow different sources on each screen , or the same source to both screens . One new audio processor will be installed in the equipment rack and will be programmed for room combining for 1 to 4 rooms and voice conferencing in one of the rooms . Borh projection rooms will receive one handheld wireless microphone and one lavalier wireless microphone . The room with voice conferencing will receive an additional four wireless boundary microphones . One new four channel amplifier will power all four rooms . Four new speakers will be installed in each room . The two rooms withour projectors will have an audio input installed . This will be a 1g wall plate with a 1/8 " jack to input audio from a computer or other device . A control ) processor will be installed in the equipment rack along with a network switch . The network switch will allow for control over IP and will not be connected to the owners network . One 7 " touch panel will be installed in the room with voice conferencing . It will control room configuration , audio , on/off, dialing for voice conferencing, room volume, and mute, far side volume and mute , video on . off, and source selection . One 5 " touch panel will be installed in the other projector room and will control oom configuration , audio, on /off, dialing for voice conferencing, room volume , and mute , far side volume and mute, video on . off, and source selection . A volume control will be installed in the two rooms without projectors . The volume controls will not be operational when the rooms are combined . OPTIONAL : Provide and install one new three bay credenza with a standard finish . Each of the three bays will be equipped with rack rails . One of the bays will be used as an equipment rack and shelves will be installed in the other two to be used as storage . Additional Installation Information or Requirements : This proposal assumes that all existing equipment required for the functionality of the system is in proper operating condition , a change order ma be required for the functionality outlined in this proposal . This proposal also assumes that work can be carried out continuously throughout the day with limited to now interruptions . If daily interruption fo occur during on site work, change orders may be required based on installation inefficiencies related to these interruptions . Training : Up to 2 hours of system training will be provided to no more than three key users on basic system operation and troubleshooting . The training will be provided once the system is fully functional and will be continuous during one day . Client Responsibilities : -Any high voltage AC necessary -Any necessary conduits , back boxes, or structural supports for mounted equipment - One key point of contact for control system design verification - Owner furnished equipment ( PC, PC Monitor, Laptop ) - Provide access to the job site during normal business hours ( 7am to 5pm M - F ) - Coordination with training times - Disposal of existing equipment, cablling, and racks . Contract Value 48, 712 . 39 Pricing expires 30 days from date of quote . If accepted after expiration, project must be revised with updated pricing. Standard payment terms are 100% of materials and 50% of labor will be invoiced on project acceptance, Progress billing thereafter unless otherwise noted . shipping, handling and all applicable taxes are not included and will be charged in addition to the quoted amount. Acceptance Parallel Technologies, Inc . City of Eden Prairie By : By : Date : Date : Detailed Scope of Work 1 Assumptions Qty Mfr Model # i Description Unit Price Extended Price Materials 2 NP - P502HL NEC Projecor, Laser Light Engine , 5200 lumen , $ 2, 999 . 20 $ 5 , 998 . 40 WUXGA 2 RPMAUW Chief Mount $ 179 . 40 $ 358 . 80 2 85739 Da - Lite Advantage Manual With CSR ( Ceiling $ 1 , 010 . 85 $ 2, 021 . 70 Recessed ) , 133 " Diagonal , 16 : 9 1 CLSO - 824 Atlona 8x2 Video Switcher $ 2 , 300 . 00 $ 2 , 300 . 00 2 HDVS - 200 -TX- WP Atlona Video Input Wall Plate with one VGA/Audio $ 469 . 20 $ 938 . 40 and one HDMI 1 80 - 0087 Symetrix Radius AEC DSP Processor $ 2 , 554 . 15 $ 2, 554 . 15 1 80 - 0065 Symetrix VOW Card $ 292 . 10 $ 292 . 10 1 992267011 Lab . gruppen E 5 : 4 Amplifier, 4x125 $ 954 . 80 $ 954 . 80 1 RMC3 Crestron Control Processor $ 778 . 40 $ 778 . 40 1 RMK- IFE - 1U Crestron Rack Kit $ 100 . 80 $ 100 . 80 1 TSW- 760- B -S Crestron 7 " Touch Panel $ 933 . 60 $ 933 . 60 1 TSW- 560 - B - S Crestron 5 " Touch Panel $ 667 . 20 $ 667 . 20 1 PD -915R Middle Atlantic Power Conditioner $ 107 . 80 $ 107 . 80 1 LGS108P LINKSYS LGS108P 8 - Port Business Desktop Gigabit $ 147 . 00 $ 147 . 00 PoE + Switch 2 CBL SINGLE PAIR RDL Active Single - Pair Sender - Twisted Pair $ 193 . 20 $ 386 . 40 Format-A - Mini -Jack & Stereo RCA In 1 CBL THREE PAIR RDL Active Three - Pair Receiver - Twisted Pair $ 175 . 00 $ 175 . 00 Format-A - Balanced line outputs 1 " PS - 24AS " RDL Power Supply $ 28 . 00 $ 28 . 00 1 MATERIALS Video Integration Materials $ 1, 101 . 60 $ 1, 101 . 60 SubTotal $ 19 , 844 . 15 Sound Enhancement Materials 2 80 - ORC3 Symetrix RC3 Volume Control $ 75 . 90 $ 151 . 80 2 ATW- 1366 Audio Technica Dual Channel Wireless Microphone $ 1, 321 . 60 $ 2, 643 . 20 System with two boundary mics 2 ATW- 1312/ L Audio Technica Dual Channel Wireless Microphone $ 712 . 80 $ 1 , 425 . 60 System with one Bodypack/ Lavalier and one Handheld 16 AC- C6T QSC Ceiling Speaker $ 107 . 80 $ 1, 724 . 80 SubTotal $ 5 , 945 . 40 Credenza 1 CR3030EX Audio Visual Furniture Internation 3 Bay Credenze - $ 2 , 247 . 10 $ 2 , 247 . 10 Standard Finish ( CLT) SubTotal $ 2 , 247 . 10 STRUCTURED CABLING MATERIALS 1 97190066 Electronic Cable, Plenum , Aluminum / Polyester Foil $ 100 . 04 $ 100 . 04 Shield , Flexguard PVC Insulation , 22 AWG , 2 07/10/17 PTIQ10227 PAGE 4 Qty Mfr Model # Description Unit Price Extended Price Conductor, 1000 ft . Reel 1 99803026 Unshielded Electronic Cable, Plenum , PVC Insulation , $ 158 . 02 $ 158 . 02 16 AWG , 2 Conductor, 1000 ft . Reel 1 10136226 LANMark6 Cat6 UTP Cable - Plenum - Blue - Box $ 302 . 40 $ 302 . 40 6 41080 -2WP Single - Gang QuickPort Wallplate - 2 - Port - White $ 1 . 78 $ 10 . 68 4 42080 - 2WP Dual - Gang QuickPort Wallplate with ID Windows , $ 4 . 80 $ 19 . 20 2 - Port, White 1 42080 - 12W Dual - Gang QuickPort Wallplate with ID Windows , $ 5 . 08 $ 5 . 08 12 - Port, White 1 42777 -2WA Surface - Mount Back Box, Dual Gang, 1 . 89 " Box $ 8 . 11 $ 8 . 11 Depth , White 20 61110 - RL6 eXtreme Cat 6+ QuickPort Connector - Cat 6 - Blue $ 7 . 63 $ 152 . 60 1 MISC Miscellaneous Materials $ 42 . 00 $ 42 . 00 SubTotal $ 798 . 13 TAXES STRUCTURED CABLING LABOR Labor 1 INTEGRATION LABOR Integration Labor $ 14 , 473 . 75 $ 14, 473 . 75 PTI - PM - CBL Project Management Services $ 1 , 760 . 00 PTI - LBR - CBL Tech Services - Structured Cabling $ 1 , 320 . 00 PTI - PM - CBL PM Services - Structured Cabling $ 330 . 00 1 SMA 1 Year Support Video SMA $ 1, 993 . 86 $ 1, 993 . 86 SubTotal $ 19 , 877 . 61 Services $ 17 , 883 . 75 Products $ 30 , 828 . 64 Contract Value $ 48, 712 . 39 07/10/17 PTIQ10227 PAGE 5 2017 06 10 Contract for Goods and Services This Contract ("Contract") is made on the 26th 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 EPA Audio Visual Inc., a Minnesota company (hereinafter "Vendor")whose business address is 7910 State Highway 55, Rockford, MN 55373. Preliminary Statement The City has adopted a policy regarding the selection and hiring of vendors to provide a variety of goods and/or services for the City. That policy requires that persons, firms or corporations providing such goods and/or 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 goods and/or services by Vendor for purchase and installation of Audio Visual equipment in the Heritage conference rooms hereinafter referred to as the "Work". The City and Vendor agree as follows: 1. Scope of Work. The Vendor agrees to provide, perform and complete all the provisions of the Work in accordance with attached Exhibit A (EPA Proposal). Any general or specific conditions, terms, agreements, consultant or industry proposal, or contract terms attached to or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any manner. 2. Term of Contract. All Work under this Contract shall be provided, performed and/or completed by February 1, 2018. 3. Compensation for Services. City agrees to pay the Vendor a fixed sum of$ 47,266.61 as full and complete payment for the goods, labor, materials and/or services rendered pursuant to this Contract and as described in Exhibit A. 4. Method of Payment. Vendor shall prepare and submit to City, on a monthly basis, itemized invoices setting forth work performed under this Contract. Invoices submitted shall be paid in the same manner as other claims made to the City. 5. Staffing. The Vendor has designated an EPA Project Manager to perform the Work. They shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Vendor may not remove or replace the designated staff without the approval of the City. [STAFFING PROVISION REQUIRED ONLY FOR SERVICES] 6. Standard of Care. Vendor 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. 7. Insurance. a. General Liability. Vendor shall maintain a general liability insurance policy with limits of at least $1,000,000.00 for each person, and each occurrence, for both personal injury and property damage. Vendor shall provide City with a Certificate of Insurance verifying insurance coverage before providing service to the City. b. Worker's Compensation. Vendor shall secure and maintain such insurance as will protect Vendor from claims under the Worker's Compensation Acts and from claims for bodily injury, death, or property damage which may arise from the performance of Vendor's services under this Contract. c. Comprehensive Automobile Liability. Vendor shall maintain comprehensive automobile liability insurance with a $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) 8. Indemnification. Vendor 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 Vendor, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Vendor, its agents, contractors and employees, relative to this Contract. City will indemnify and hold Vendor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 9. Warranty. The Vendor 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. 10. Termination. This Contract may be terminated by either party by seven (7) days' written notice delivered to the other party at the addresses written above. Upon termination under this provision if there is no fault of the Vendor, the Vendor shall be paid for services rendered until the effective date of termination. 11. Independent Contractor. At all times and for all purposes herein, the Vendor is an independent contractor and not an employee of the City. No statement herein shall be construed so as to find the Vendor an employee of the City. 12. Subcontract or Assignment. Vendor shall not subcontract any part of the services to be provided under this Contract; nor may Vendor assign this Contract, or any interest arising herein, without the prior written consent of the City. 13. Services Not Provided For. No claim for services furnished by Vendor not specifically provided for in Exhibit A shall be honored by the City. Standard Purchasing Contract 2017 06 01 Page 2 of 5 GENERAL TERMS AND CONDITIONS 14. Assignment. Neither party shall assign this Contract, nor any interest arising herein, without the written consent of the other party. 15. Compliance with Laws and Regulations. In providing services hereunder, the Vendor 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. 16. 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. 17. Counterparts. This Contract may be executed in multiple counterparts, each of which shall be considered an original. 18. Damages. In the event of a breach of this Contract by the City, Vendor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 19. Employees. Vendor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Vendor prior to termination of this Contract and for one (1) year thereafter, without prior written consent of the former employer in each case. 20. Enforcement. The Vendor 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. 21. Entire Contract, Construction., Application and Interpretation. This Contract is in furtherance of the City's public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 22. Governing Law. This Contract shall be controlled by the laws of the State of Minnesota. Standard Purchasing Contract 2017 06 01 Page 3 of 5 23. Non-Discrimination. During the performance of this Contract, the Vendor 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 Vendor 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 Vendor 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 Vendor 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. 24. 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. 25. 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. 26. Services Not Provided For. No claim for services furnished by the Vendor not specifically provided for herein shall be honored by the City. 27. 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. 28. Statutory Provisions. a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the Vendor 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 Vendor 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 Standard Purchasing Contract 2017 06 01 Page 4 of 5 defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Vendor 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 Vendor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Vendor in relation to this Contract shall contain similar Data Practices Act compliance language. c. "Notwithstanding anything else in this Agreement, the parties agree that the manufacturer/vendor's costs of goods are a trade secret under Minn. Statute Section 13.37 and are therefore protected from disclosure as non-public data." 29. Waiver. Any waiver by either party of a breach of any provisions of this Contract shall not affect, in any respect, the validity of this Contract. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager VENDOR By: Its: Exec. V.P. Standard Purchasing Contract 2017 06 01 Page 5 of 5 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar October 17, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Public Works 2018 Purchase of Replacement Vehicles VIII.F. Paul Schlueter/Fleet Services and Equipment Requested Action Move to: Approve 2018 Purchase of Replacement Vehicles and Equipment as Presented in the 2018 Budget and as Itemized on Attached Schedules. Synopsis The Equipment Replacement Fund was developed by Fleet Services to provide a 15-year projection of equipment needs and a corresponding replacement schedule for each vehicle. Annual budget requests are created from this schedule to determine the spending amount that is included for approval in the operating budget. Staff has finalized the details of each replacement/purchase, including testing the vehicles against our replacement policy guidelines. The final list is attached and submitted for approval. The planned Fleet Capital Internal Service Fund purchase expenditures for 2018 are $1,608,000.00. The planned Utilities Enterprise Fund purchase expenditures for 2017 are $265,000.00. The City of Eden Prairie participates in the State of Minnesota Cooperative Purchasing Venture (CPV). This enables the City to buy vehicles and equipment under the terms of contracts already negotiated by the State of Minnesota. Joint Powers Agreements as listed in the City of Eden Prairie purchasing policy are also utilized. Attachment 2018 Replacement Vehicle and Equipment Purchase Lists TO: Robert Ellis FROM: Paul Schlueter DATE: October 17, 2017 SUBJECT: 2018 Replacement Vehicle & Equipment Purchases Fleet Capital Internal Service Fund Here is the list of replacement vehicles and equipment for calendar year 2018 funded through the Fleet Capital Internal Service Fund. These costs include vehicle set-up, special equipment, lighting and taxes: Service Area Mr. Replacement Total Cost Streets Ford F-250 Crew Cab Pickup 121 _ with Plow $48,000 132 Bobcat 650 Skidsteer Loader $55,000 133 Bobcat 650 Skidsteer Loader $55,000 Freightliner 108SD Single 172 Axle Dump Truck with Plow $210,000 Freightliner 108SD Single Axle Dump Truck with Plow 174 &Underbody Blade $220,000 Ford F-750 Single Axle 188 Water Truck $110,000 Subtotal $ 698,000 Police 229 Dodge Charger AWD $ 38,500 233 Dodge Charger AWD $ 38,500 239 Dodge Charger AWD $ 38,500 240 Dodge Charger AWD $ 38,500 241 Dodge Charger AWD $ 38,500 242 Ford Explorer AWD $ 38,500 264 Chevrolet Tahoe AWD $ 42,000 Subtotal $ 273,000 Fire Dept. 352 Chevrolet Tahoe AWD $42,000 354 Ford Explorer AWD $34,000 364 Ford F-350 4X4 $44,000 Subtotal $ 120,000 Service Area MIL Replacemeu Total Cost Park Maintenance Karcher MIC-84 Sidewalk 410 Machine $144,000 Caterpillar 277C Skidsteer 417 Loader $85,000 425 Ford F-450 Dump Truck $70,000 Ford F-250 Crew Cab Pickup 455 with Plow $ 48,000 Ford F-250 Pickup with 461 Plow S 48,000 Subtotal $ 395,000 Facilities 504 Ford F-150 with Lift Gate $32,000 Subtotal $ 32,000 Inspections 506 Toyota Rav-4 AWD Hybrid $31,000 507 Toyota Rav-4 AWD Hybrid $31,000 Subtotal $ 62,000 Engineering 603 Ford Escape 2WD S28,000 Subtotal $ 28,000 Total all purchases $ 1,608,000 Less salvage value $ 236,500 Total Equipment Fund $ 1,371,500 TO: Robert Ellis FROM: Paul Schlueter DATE: October 17, 2017 SUBJECT: 2018 Replacement Vehicle & Equipment Purchases—Utilities Enterprise Fund (Water, Sewer, Storm) Here is the list of replacement vehicles and equipment for calendar year 2018 funded through the Utilities Enterprise Fund. These costs include vehicle set-up, special equipment, lighting and taxes: Service Area Replacement otal Cost Water/Utility 781 Tymco 600 Street Sweeper $265,000 Sub Total $ 265,000 Less salvage value $ 25,000 Total Equipment Fund $ 240,000 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar October 17, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Public Works Authorize Purchase of a New Police VIII.G. Paul Schlueter/Fleet Services Department Investigator Car(CIP Project# 06500) Requested Action Move to: Authorize purchase of new Eden Prairie Police Department investigator vehicle for a cost not to exceed$40,000.00. Synopsis The current City Council approved Capital Improvement Plan includes the addition of one (1) new investigator car for the Police Department in the 2017 calendar year. This item formally requests authorization to purchase that vehicle. Funds for this purchase are included in the 2017 Capital Improvement Plan budget. The not-to-exceed cost includes all accessories, lighting and sales taxes that are included in this purchase. The City of Eden Prairie participates in the State of Minnesota Cooperative Purchasing Venture (CPV). This enables the City to buy vehicles and equipment under the terms of contracts already negotiated by the State of Minnesota. This investigator car will be purchased using the State of Minnesota CPV program. Attachment Copy of Approved CIP Project#06500 Department Police Project# 06500 Contact Rob Reynolds Project Name Additional Police Squads Type Unassigned Useful Life 3 years Category Police Department Description Additional Police Squads Justification To add a permanent car to the fleet to replace use of temporary auction cars. There is a risk that these cards will not be available in the future. Auction cars are used for code enforcment and investigators.Also,two squads for the two new investigators. Expenditures 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 Total Automobiles 40,000 40,000 80,000 Total 40,000 40,000 80,000 Funding Sources 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 Total Capital Maintenance& 40,000 40,000 80,000 Reinvestment Fund Total 40,000 40,000 80,000 Budget Impact/Other 197 Friday,September 16,2016 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar October 17, 2017 DEPARTMENT /DIVISION: ITEM DESCRIPTION: ITEM NO.: Public Works Declare Vehicles and Equipment as Surplus VIII.H. Paul Schlueter/Fleet Services Requested Action Move to: Declare the attached list of vehicles and equipment as "surplus property" and available for sale or disposal through authorized methods. Synopsis Fleet Services provides retirement of surplus property (equipment/vehicles). The sale of used vehicles and equipment helps fund the purchase of new vehicles and equipment. The equipment and vehicles are auctioned in accordance with City Code 2.86 Subdivision 3. Disposal of excess property. Background Information The City of Eden Prairie has agreements in place with the State of Minnesota, Department of Administration Surplus Services and other on-line auction services to participate in their regularly scheduled vehicle and equipment auctions. Occasionally depending on the vehicle or equipment, a minimum auction reserve amount is set and if not met, other avenues such as trade- ins for new equipment are used to maximize surplus property returns. These surplus property disposal methods are in compliance with the City's Purchasing Policy and City Code. Attachment 2018 Vehicle/Equipment Auction List TO: Robert Ellis FROM: Paul Schlueter DATE: October 17, 2017 SUBJECT: 2018 Auction Vehicles & Equipment Fleet Services is requesting authority to dispose of vehicles and equipment as noted below. All vehicles and equipment listed will be sold via Public Auction through an approved auction service that meets the requirements of our Purchasing Policy and City code. Certain vehicles or equipment will have minimum auction reserves set and in the event the equipment does not sell at auction, other avenues such as equipment trade-ins will be utilized to obtain the maximum sale value. Vehicles & Equipment: Vehicle/ Vehicle/ Estimated Unit Year Unit Serial Number Equipment Make Equipment Auction Sale Model Amount 121 2008 1FTNF21518EB67931 Ford F250 $6,000 132 2008 A5GK200367 Melroe Bobcat S-220 $10,000 133 2009 A5GK35164 Melroe Bobcat S-220 $10,000 172 2003 2FZAAWAK23AK39842 Sterling L8511 $18,000 174 2004 2FZAAWAK44AM61672 Sterling L8511 $18,000 188 2001 2FZAANAK72AK16047 Sterling Acterra $12,000 229 2011 2B3CL1CT5BH565375 Dodge Charger $8,000 233 2012 2C3CDXAT7CH260760 Dodge Charger $8,000 239 2013 2C3CDXAT4DH673656 Dodge Charger $8,000 240 2013 2C3CDXAT0DH673654 Dodge Charger(salvage) $3,500 241 2013 2C3CDXAT2DH673655 Dodge Charger $8,000 242 2013 1GNLC2E00DR332313 Chevrolet Tahoe $10,000 264 2012 1GNSK2E00CR267573 Chevrolet Tahoe $10,000 352 2010 1GNUKAEO8AR233722 Chevrolet Tahoe 4X4 $10,000 354 2007 1GTDT19E178209451 GMC Canyon $6,000 364 2004 1FTSF31554ED66246 Ford F350 $8,000 410 2008 US071001 Belos C4.74 $18,000 417 2010 JWF02439 Caterpillar 277C $13,000 425 2007 1FDXF47Y47EA85580 Ford F450 $10,000 461 2008 1FTNF215X8EB67930 Ford F250 $6,000 455 2009 1GCHK496X9E153545 Chevrolet C2500 $6,000 504 2006 1FTRF12206NB22315 Ford F150 $5,000 506 2009 1FMCU02799KC20052 Ford Escape $6,000 507 2008 1FMCU59H78KE46097 Ford Escape Hybrid $7,000 602 2004 1GCEC14X14Z282757 Chevrolet C1500 $4,000 603 2004 1GCEC14X74Z285906 Chevrolet C1500 $4,000 781 2007 1HTMMAAN38H577417 Tymco 600 $25,000 951 2001 1B4GP24361B228839 Dodge Grand Caravan $4,000 Total $261,500 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar October 17, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Nancy Tyra-Lukens Proclamation to Commemorate the Baha'i VIII.I. Mayor Community of Eden Prairie, Minnesota Requested Action Move to: Approve the Proclamation to Commemorate the Baha'i Community of Eden Prairie, Minnesota. Synopsis Proclamation to declare Sunday, October 22nd, 2017, as the day to commemorate the Baha'i community of Eden Prairie, Minnesota. Since 1982, the Baha'i community of Eden Prairie has collaborated with others to promote unity and to serve their fellow citizens. Attachment Proclamation ITEM NO. VIII.I. PROCLAMATION City of Eden Prairie Hennepin County, Minnesota WHEREAS, the Baha'i community of Eden Prairie, Minnesota, was established in 1982; and WHEREAS, a crying need of humanity is the achievement of unity, peace and justice in our communities; and WHEREAS, since 1982, the Baha'i community of Eden Prairie, Minnesota has striven to apply this vision to the material and spiritual life of Eden Prairie, collaborating with others to promote unity and to serve their fellow citizens; and NOW, THEREFORE, I, Nancy Tyra-Lukens, Mayor of Eden Prairie, Minnesota, do hereby declare Sunday, October 22nd, 2017, as the day to commemorate the Baha'i community of Eden Prairie, Minnesota, and urge all citizens to resolve on this day to promote in themselves and in their relations with others those qualities and attributes that will help bring about the recognition of the oneness of humanity; to embrace diversity; and to work for unity in our local community, in our country, and in the world. ADOPTED by the Eden Prairie City Council on October 17, 2017. Nancy Tyra-Lukens, Mayor CITY COUNCIL AGENDA DATE: SECTION: Public Hearings/Meetings October 17, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Jim Richardson Special Assessment Hearing for the Approval of IX.A. Public Works/Engineering the 2017 Special Assessments Requested Action Move to: • Close the public hearing for the approval of the 2017 Special Assessments; and • Adopt the resolution approving all Special Assessments presented in the fall of 2017. Synopsis Each year, the City Council holds a public hearing to consider levying the Special Assessments that have been identified over the previous 12 months. This year, the Council will address a list of projects and supplemental assessments for such things as trunk utility assessments and contracted removal assessments. Staff recommends Council approve the list of assessments. Background Information City Council established the amount to be assessed for this fall's assessment hearing at its regular meeting on September 19, 2017. See Exhibit A for the list of Supplementals that the Council will be asked to approve for levying Special Assessments for collection with property taxes. The total amount proposed to be assessed in 2017 is $378,640.74. Attachments Resolution Exhibit A Published Notice Notification List Resolution 94-116 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2017- WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections in the proposed assessments for the following improvements to wit: (See Exhibit A attached) NOW, THEREFORE,BE IT RESOLVED by the City Council of the City of Eden Prairie: 1. Such proposed assessments are hereby accepted and shall constitute the special assessment against the lands in the final assessment rolls, and each tract of land therein included is hereby found to be benefitted by the improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of years as shown on Exhibit A. Installments shall bear interest at the rates shown on Exhibit A, except no interest shall be charged if the entire assessment is paid within 30 days of the adoption of this resolution. To the first installment shall be added interest on the entire assessment from November 1, 2017 until December 31, 2018. To each subsequent installment when due shall be added interest for one year on all unpaid installments. In accordance with Minnesota Statutes Section 429.061 assessments are deferred on unimproved pieces of property as identified on Exhibit A until the time of platting or the construction of improvements thereon. Interest shall be charged to the deferred assessment amount at the annual interest rate indicated in Exhibit A and added to the principal amount until it becomes payable. At the time of platting or construction of improvements thereon, the deferred principal amount plus accrued interest shall be payable in installments over the remaining number of years of the assessment levied herein but in any event not less than five (5) years. The Clerk shall record with the county recorder a certificate containing the legal description of the affected property and of the amount deferred. 3. The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County, and such assessments shall be collected and paid over in the same manner as other municipal taxes beginning in 2018. 4. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the city treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and he/she may, at any time thereafter, pay to the city treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. 5. It is hereby declared to be the intention of the Council to reimburse itself in the future for the portion of the cost of this improvement paid for from municipal funds by levying additional assessments, on notice and hearings as provided for the assessments being made, upon any properties abutting on the improvements but not herein assessed for the improvement when changed conditions relating to such properties make such assessment feasible. ADOPTED by the City Council of the City of Eden Prairie this 17th day of October, 2017. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk EXHIBIT A Supplementals Supplemental Storm Sewer Parcel PID # Years/ % 2017 *Deferred Improvements Amount Amount Hueler Property 35-116-22-24-0010 5 Years at Rate set $36,598.38 0.00 by Reso. 94-116 _ Prairie Bluffs Senior Living 36-116-22-11-0001, 5 Years at 4.55% $1,550.07 0.00 36-116-22-11-0003 Exclusions Lateral Sewer 0.00 and Water Wolter 29-116-22-44-0031 5 Years at 4.55% $2,812.70 0.00 Trunk Sewer and Water 0.00 Kopesky 2nd Addition 18-116-22-13-0002 5 Years at 4.55% $23,834.00 0.00 Lund 19-116-22-32-0007 1 Years at 4.55% $300.00 0.00 Cedarcrest Stables 20-116-22-34-0023 5 Years at 4.55% $85,926.05 0.00 Rockwill Addition 21-116-22-31-0012 5 Years at 4.55% $4,157.63 0.00 Prestige Daycare 21-116-22-34-0001 5 Years at 4.55% $24,408.16 0.00 Hueler Property 35-116-22-24-0010 5 Years at 4.55% $31,994.39 0.00 Connection Fees 0.00 Woodland 3rd Addition 04-116-22-43-0125 5 Years at 4.55% $8,256.40 0.00 Kopesky 2nd Addition 18-116-22-13-0002 5 Years at 4.55% $41,282.00 0.00 Lund 19-116-22-32-0007 5 Years at 4.55% $12,384.60 0.00 Rockwill Addition 21-116-22-31-0012 5 Years at 4.55% $7,400.00 0.00 Prairie Bluffs Senior Living 36-116-22-11-0004, 5 Years at 4.55% $32,386.36 0.00 36-116-22-11-0079 SAC and WAC Fees 0.00 BEL Acquisitions 01-116-22-41-0022 5 Years at 4.55% $64,870.00 0.00 Tall Grass/Weed 0.00 Contracted Removal HP Minnesota I, LLC 02-116-22-13-0016 1 Years at 4.55% $160.00 0.00 Muecke 03-116-22-32-0037 1 Years at 4.55% $160.00 0.00 Bitange 36-116-22-11-0052 1 Years at 4.55% $160.00 0.00 *No Deferred Assessments NOTICE OF HEARING ON PROPOSED SPECIAL ASSESSMENTS Notice is hereby given that the City Council will meet at 7:00 p.m. on Tuesday, October 17,2017 in the City Center, 8080 Mitchell Road, Eden Prairie, Minnesota, for the purpose of holding a Public Hearing to consider the proposed assessments for the following improvements in Hennepin County, Minnesota, Township 116,Range 22: PROJECT I.C. 11-5800 The Project consists of improvements to Shady Oak Road. The area to be assessed consists of the property abutting Shady Oak Road from City West Parkway to Flying Cloud Drive. The total amount to be assessed is$175,000.00. SUPPLEMENTALS Supplemental Storm Sewer 35-116-22-24-0010 36-116-22-11-0001 36-116-22-11-0003 The total amount to be assessed is$38,148.45. Exclusion Lateral Sewer&Water 29-116-22-44-0031 The total amount to be assessed is$2,812.70. Trunk Sewer and Water 18-116-22-13-0002 19-116-22-32-0007 20-116-22-34-0023 21-116-22-31-0012 21-116-22-34-0001 35-116-22-24-0010 The total amount to be assessed is$170,620.23. Connection Fees 04-116-22-43-0125 18-116-22-13-0002 19-116-22-32-0007 21-116-22-31-0012 36-116-22-11-0004 36-116-22-11-0079 The total amount to be assessed is$101,709.36. SAC&WAC Fees 01-116-22-41-0022 The total amount to be assessed is$64,870.00. Tall Grass/Weed Contracted Removal 02-116-22-13-0016 03-116-22-32-0037 36-116-22-11-0052 The total amount to be assessed is$480.00. The proposed assessment roll is now on file with the City Clerk and in the office of the City Engineer and is open to inspection by all persons interested. All persons who wish to be heard with reference to the assessment roll should be present at the hearing to present either written or oral objections. Written or oral objections thereto by any property owner will be considered by the Council prior to the adoption of the assessment roll. CAUTION: No appeal may be taken as to the amount of any assessment adopted unless a written objection, signed by the affected property owner, is filed with the City Clerk prior to the assessment hearing or presented to the presiding officer at the hearing. An owner may appeal an assessment to the District Court pursuant to Minnesota Statutes 429.081, by serving notice of the appeal upon the Mayor or City Clerk within 30 days after the adoption of the assessment and filing such notice with the District Court within ten days after service upon the Mayor or Clerk. For your further information, please note the following: Pursuant to Minnesota Statutes 435.193 through 435.195, which establishes a hardship assessment deferral for seniors or retired disabled, the procedure to obtain a deferred assessment and sets forth the events upon which the option to defer payment terminates and all amounts accumulated plus interest become due. Pursuant to these statutes, the City may defer the payment of special assessments for homestead property of persons 65 years of age or older or retired by virtue of a permanent and total disability for whom it would be a hardship to make the payments,who meet certain standards relating to eligibility. A deferment procedure is authorized by City Code Section 2.84 and has been established by City Resolution 83-177. The principal amount of special assessments deferred for such persons will bear interest, but not exceeding 50% of the original principal amount of the assessment. Payment of the interest will also be deferred and will be added to the principal amount of the deferred assessment. Any person who wishes to receive a deferment must make application to the City Engineer's office no later than November 10th of the year preceding the year in which an assessment is payable. Applications therefore may be obtained from the City of Eden Prairie by contacting: Jim Richardson, Senior Engineering Technician City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 952-949-8316 By order of the City Council Published once in the Eden Prairie News, September 28,2017 NOTIFICATION LIST 2017 SPECIAL ASSESSMENT HEARING NOTIFICATION LIST A copy of the Public Hearing Notice has been sent to owners of the following parcels: 01-116-22-22-0017 01-116-22-41-0022 02-116-22-13-0016 03-116-22-32-0037 20-116-22-34-0023 21-116-22-31-0012 35-116-22-24-0010 36-116-22-11-0001 36-116-22-11-0003 36-116-22-11-0004 36-116-22-11-0052 36-116-22-11-0079 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 9 4 - 1 1 6 STORM SEWER SPECIAL ASSESSMENTS HUELER PROPERTY/AKA BRANDT PROPERTY PID 35-116-22-24-0010 WHEREAS, the property identified as PID 35-116-22-24-0010 is homesteaded unimproved property; and WHEREAS, the City's Special Assessment Policy provides for the deferment of certain special assessments to homesteaded unimproved property. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eden Prairie: that the Council of the City of Eden Prairie hereby approves the abatement by deferring payment of installments of that special assessment relating to improvement I.C. 52-069 against property identified as PID 35- 116-22-24-0010, pursuant to Minnesota Statutes §375.192, in the following manner: The entire balance of levy number 12712 in the amount of $30,329.07 (excluding payments previously made) shall be abated by deferring payment of installments until the property is either subdivided or developed. Interest at the rate of 8% per annum shall accrue based on the original assessed amount of $24,398.42 (as levied in 1988) until a maximum sum of principal and interest equaling $36,598.38 is reached. When the property is either subdivided or developed, the amount of principal and interest that has accrued, up to • maximum . ount, shall be certified to Hennepin County for collet +n o r a five-y:. period. .... Douglas B. T- pas, Mayor ATTEST: SEAL AO-e-e4 each John D. Frane, City Clerk Item No. CITY COUNCIL AGENDA DATE: SECTION: Public Hearings/Meetings October 17, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Jim Richardson Special Assessment Hearing for the Approval of IX.B. Public Works/Engineering the 2017 United Health Group Special Assessment Requested Action Move to: Adopt the resolution approving the United Health Group Special Assessment presented in the fall of 2017. Synopsis Each year, the City Council holds a public hearing to consider levying the Special Assessments that have been identified over the previous 12 months. This year, the Council will address UHG's special assessment for improvements to Shady Oak Road. Staff recommends Council approve the assessment. Background Information City Council established the amount to be assessed for this fall's assessment hearing at its regular meeting on September 19, 2017. See UHG Exhibit A for the Project that the Council will be asked to approve for levying Special Assessments for collection with property taxes. The total amount proposed to be assessed in 2017 is $155,701.33. Attachments Resolution Exhibit A Published Notice Notification List CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2017- _ WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections in the proposed assessments for the following improvements to wit: (See Exhibit A attached) NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eden Prairie: 1. Such proposed assessments are hereby accepted and shall constitute the special assessment against the lands in the final assessment rolls, and each tract of land therein included is hereby found to be benefitted by the improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of years as shown on Exhibit A. Installments shall bear interest at the rates shown on Exhibit A, except no interest shall be charged if the entire assessment is paid within 30 days of the adoption of this resolution. To the first installment shall be added interest on the entire assessment from November 1, 2017 until December 31, 2018. To each subsequent installment when due shall be added interest for one year on all unpaid installments. In accordance with Minnesota Statutes Section 429.061 assessments are deferred on unimproved pieces of property as identified on Exhibit A until the time of platting or the construction of improvements thereon. Interest shall be charged to the deferred assessment amount at the annual interest rate indicated in Exhibit A and added to the principal amount until it becomes payable. At the time of platting or construction of improvements thereon, the deferred principal amount plus accrued interest shall be payable in installments over the remaining number of years of the assessment levied herein but in any event not less than five (5) years. The Clerk shall record with the county recorder a certificate containing the legal description of the affected property and of the amount deferred. 3. The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County, and such assessments shall be collected and paid over in the same manner as other municipal taxes beginning in 2018. 4. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the city treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and he/she may, at any time thereafter, pay to the city treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. 5. It is hereby declared to be the intention of the Council to reimburse itself in the future for the portion of the cost of this improvement paid for from municipal funds by levying additional assessments, on notice and hearings as provided for the assessments being made, upon any properties abutting on the improvements but not herein assessed for the improvement when changed conditions relating to such properties make such assessment feasible. ADOPTED by the City Council of the City of Eden Prairie this 17th day of October, 2017. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk EXHIBIT A 1. I.C. 11-5800 Shady Oak Road Phase II-3 Improvements Project Cost: $155,701.33 City Share: $0.00 Net Assessment: $155,701.33 Property Owner 1 Parcel PID # Years/ % 2017 *Deferred Amount Amount United Healthcare Services, Inc. 01-116-22-22-0017 10 Years at 4.55% $155,701.33 0.00 *No Deferred Assessments NOTICE OF HEARING ON PROPOSED SPECIAL ASSESSMENTS Notice is hereby given that the City Council will meet at 7:00 p.m. on Tuesday, October 17,2017 in the City Center, 8080 Mitchell Road, Eden Prairie, Minnesota, for the purpose of holding a Public Hearing to consider the proposed assessments for the following improvements in Hennepin County, Minnesota, Township 116,Range 22: PROJECT I.C. 11-5800 The Project consists of improvements to Shady Oak Road. The area to be assessed consists of the property abutting Shady Oak Road from City West Parkway to Flying Cloud Drive. The total amount to be assessed is$175,000.00. SUPPLEMENTALS Supplemental Storm Sewer 35-116-22-24-0010 36-116-22-11-0001 36-116-22-11-0003 The total amount to be assessed is$38,148.45. Exclusion Lateral Sewer&Water 29-116-22-44-0031 The total amount to be assessed is$2,812.70. Trunk Sewer and Water 18-116-22-13-0002 19-116-22-32-0007 20-116-22-34-0023 21-116-22-31-0012 21-116-22-34-0001 35-116-22-24-0010 The total amount to be assessed is$170,620.23. Connection Fees 04-116-22-43-0125 18-116-22-13-0002 19-116-22-32-0007 21-116-22-31-0012 36-116-22-11-0004 36-116-22-11-0079 The total amount to be assessed is$101,709.36. SAC&WAC Fees 01-116-22-41-0022 The total amount to be assessed is$64,870.00. Tall Grass/Weed Contracted Removal 02-116-22-13-0016 03-116-22-32-0037 36-116-22-11-0052 The total amount to be assessed is$480.00. The proposed assessment roll is now on file with the City Clerk and in the office of the City Engineer and is open to inspection by all persons interested. All persons who wish to be heard with reference to the assessment roll should be present at the hearing to present either written or oral objections. Written or oral objections thereto by any property owner will be considered by the Council prior to the adoption of the assessment roll. CAUTION: No appeal may be taken as to the amount of any assessment adopted unless a written objection, signed by the affected property owner, is filed with the City Clerk prior to the assessment hearing or presented to the presiding officer at the hearing. An owner may appeal an assessment to the District Court pursuant to Minnesota Statutes 429.081, by serving notice of the appeal upon the Mayor or City Clerk within 30 days after the adoption of the assessment and filing such notice with the District Court within ten days after service upon the Mayor or Clerk. For your further information, please note the following: Pursuant to Minnesota Statutes 435.193 through 435.195, which establishes a hardship assessment deferral for seniors or retired disabled, the procedure to obtain a deferred assessment and sets forth the events upon which the option to defer payment terminates and all amounts accumulated plus interest become due. Pursuant to these statutes, the City may defer the payment of special assessments for homestead property of persons 65 years of age or older or retired by virtue of a permanent and total disability for whom it would be a hardship to make the payments,who meet certain standards relating to eligibility. A deferment procedure is authorized by City Code Section 2.84 and has been established by City Resolution 83-177. The principal amount of special assessments deferred for such persons will bear interest, but not exceeding 50% of the original principal amount of the assessment. Payment of the interest will also be deferred and will be added to the principal amount of the deferred assessment. Any person who wishes to receive a deferment must make application to the City Engineer's office no later than November 10th of the year preceding the year in which an assessment is payable. Applications therefore may be obtained from the City of Eden Prairie by contacting: Jim Richardson, Senior Engineering Technician City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 952-949-8316 By order of the City Council Published once in the Eden Prairie News, September 28,2017 NOTIFICATION LIST 2017 SPECIAL ASSESSMENT HEARING NOTIFICATION LIST A copy of the Public Hearing Notice has been sent to owners of the following parcels: 01-116-22-22-0017 01-116-22-41-0022 02-116-22-13-0016 03-116-22-32-0037 20-116-22-34-0023 21-116-22-31-0012 35-116-22-24-0010 36-116-22-11-0001 36-116-22-11-0003 36-116-22-11-0004 36-116-22-11-0052 36-116-22-11-0079 CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims October 17, 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 255959—256248 Wire Transfers 1018083 — 1018188 Wire Transfers 6293 —6312 Purchasing Card 6307 City of Eden Prairie Council Check Summary 10/17/2017 Division Amount Division Amount 169,009 308 E-911 671 100 City Manager 1,948 309 DWI Forfeiture 21 101 Legislative 3,690 315 Economic Development 28,925 102 Legal Counsel 50,462 509 CIP Fund 138,281 111 Customer Service 5,632 512 CIP Trails 3,152 112 Human Resources 369 513 CIP Pavement Management 151,990 113 Communications 5,164 522 Improvement Projects 2006 18,861 114 Benefits&Training 349 529 Shady Oak Rd-CR 61 South 5,788 130 Assessing 1,488 531 Eden Prairie Road 2,228 131 Finance 284 804 100 Year History 63 132 Housing and Community Services 12,085 Total Capital Projects Fund 349,980 133 Planning 499 136 Public Safety Communications 2,161 601 Prairie Village Liquor 89,690 137 Economic Development 643 602 Den Road Liquor 143,461 138 Community Development Admin. 349 603 Prairie View Liquor 107,912 150 Park Administration 667 605 Den Road Building 604 151 Park Maintenance 10,895 701 Water Enterprise Fund 72,738 153 Organized Athletics 431 702 Wastewater Enterprise Fund 352,378 154 Community Center 25,030 703 Stormwater Enterprise Fund 59,712 155 Beaches 639 Total Enterprise Fund 826,496 156 Youth Programs 697 157 Special Events 250 316 WAFTA 99 158 Senior Center 5,064 802 494 Commuter Services 999 159 Recreation Administration 2,349 803 Escrow Fund 13,767 160 Therapeutic Recreation 148 807 Benefits Fund 779,783 162 Arts 3,010 810 Workers Comp Insurance 8 163 Outdoor Center 132 812 Fleet Internal Service 34,318 168 Arts Center 1,302 813 IT Internal Service 16,714 180 Police 20,443 814 Facilities Capital ISF 2,770 184 Fire 29,994 815 Facilites Operating ISF 18,544 186 Inspections 3,284 816 Facilites City Center ISF 18,676 200 Engineering 19,517 817 Facilites Comm.Center ISF 10,173 201 Street Maintenance 80,701 Internal Svc/Agency Funds 895,853 202 Street Lighting 22 Total General Fund 458,705 Report Total 2,541,444 301 CDBG 9,910 303 Cemetary Operation 392 312 Recycle Rebate 109 Total Special Revenue Fund 10,411 City of Eden Prairie Council Check Register by GL 10/17/2017 Check# Amount Supplier/Explanation Account Description Business Unit Comments 256062 333,073 METROPOLITAN COUNCIL MCES User Fee Wasterwater Collection Wastewater Fee Sept 2017 256042 276,613 HEALTHPARTNERS Accounts Receivable Health and Benefits Premiums Oct 2017 6306 251,467 ULTIMATE SOFTWARE GROUP,THE Federal Taxes Withheld Health and Benefits Payroll tax period ending 9/27/17 6302 162,679 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA period ending 09/15/17 256194 143,594 MINGER CONSTRUCTION INC Other Contracted Services CIP Pavement Management Sump Pump collection system proj. 256064 119,699 MINGER CONSTRUCTION INC Improvements to Land Park Acquisition&Dev Fixed A Cedar Hill Park project 256118 115,870 BITUMINOUS ROADWAYS INC Other Contracted Services Capital Maint.&Reinvestment Edenvale Blvd Trail Rehab 1018124 76,426 SRF CONSULTING GROUP INC Design&Engineering Engineering 256110 71,397 ALLIED BLACKTOP CO Seal Coating Street Maintenance 1018116 57,813 GREGERSON ROSOW JOHNSON&NILAN LTD Legal Rehab 6307 56,927 US BANK Other Revenue Wasterwater Collection 256004 30,127 AQUATIC RESTORATION SERVICE Improvement Contracts Stormwater Capital 256054 29,787 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store 256183 27,537 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store 6309 26,729 SELECT ACCOUNT Other Deductions Health and Benefits 256231 25,707 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store 1018172 25,217 HANSEN THORP PELLINEN OLSON Design&Engineering Capital Maint.&Reinvestment 6304 24,032 EMPOWER Deferred Compensation Health and Benefits 256088 20,361 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store 256078 18,710 PRAIRIE PARTNERS SIX LLP Waste Disposal Prairie Village Liquor Store 6303 17,827 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits 256174 17,043 GRAYMONT Treatment Chemicals Water Treatment 256011 16,050 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store 256053 15,304 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store 256122 15,211 BREAKTHRU BEVERAGE MINNESOTA BEER LLC Liquor Product Received Den Road Liquor Store 256079 14,683 PRAIRIEVIEW RETAIL LLC Building Rental Prairie View Liquor Store 1018144 13,545 GUNNAR ELECTRIC CO INC Machinery&Equipment Capital Maint.&Reinvestment 6300 13,391 RADIANT SYSTEMS Bank and Service Charges Prairie View Liquor Store 256139 12,757 DALCO Capital Under$25,000 Fleet Operating 256167 12,348 FIRE SAFETY USA INC Protective Clothing Fire 256182 11,896 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store 256009 11,422 BREAKTHRU BEVERAGE MINNESOTA WINE&SPIR Liquor Product Received Prairie View Liquor Store 256168 11,377 FLEET MAINTENANCE INC Equipment Repair&Maint Fleet Operating 256073 11,336 PAUSTIS&SONS COMPANY Liquor Product Received Prairie View Liquor Store 256191 10,895 MED ONE CAPITAL FUNDING LLC EMS Supplies-AED Fire 6293 10,786 US BANK-CREDIT CARD MERCHANT ONLY Bank and Service Charges Finance 256008 10,630 BREAKTHRU BEVERAGE MINNESOTA BEER LLC Liquor Product Received Prairie Village Liquor Store 256123 10,121 BREAKTHRU BEVERAGE MINNESOTA WINE&SPIR Liquor Product Received Den Road Liquor Store 1018138 10,096 BRAUN INTERTEC CORPORATION Testing EP Rd Connect to Flying Cloud 256112 9,778 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store 256127 9,744 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store 256057 9,200 LANDMARK REMODELING LLC Other Contracted Services TIF-Eden Shores Senior Housing 1018101 9,129 WENCK ASSOCIATES INC Design&Engineering Stonnwater Non-Capital 6308 9,065 SELECT ACCOUNT HSA-Employer Health and Benefits 256165 9,000 FACILITIES MANAGEMENT EXPRESS LLC Other Contracted Services Facilities Staff 1018132 8,570 XCEL ENERGY Electric Prairie Village Liquor Store 256037 8,482 GRAYMONT Treatment Chemicals Water Treatment 256227 8,375 PROP Other Contracted Services Housing and Community Service Check# Amount Supplier/Explanation Account Description Business Unit Comments 256220 8,091 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store 256080 7,500 PREMIERE ONE LANDSCAPES LLC Building Repair&Maint. Utility Operations-General 256125 7,007 BWS HEATING&AIR CONDITIONING Contract Svcs-HVAC Water Treatment 256089 6,910 SPACK CONSULTING Deposits Escrow 256226 6,779 PROP Refunds CDBG-Public Service 256186 6,700 LANDMARK REMODELING LLC Other Contracted Services TIF-Eden Shores Senior Housing 256093 6,650 SUMMIT COMMERCIAL FACILITIES GROUP Contract Svcs-HVAC Garden Room Repairs 256046 6,546 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store 256074 6,476 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store 256202 6,291 NORTHERN ESCROW INC Other Contracted Services Fixed Assets-Trails 6299 6,229 SAGE PAYMENT SOLUTIONS Bank and Service Charges Wastewater Accounting 1018106 6,001 ADVANCED ENGINEERING&ENVIRONMENTAL SE Design&Engineering Water Capital 256022 5,800 D.R.KES CONCRETE Other Contracted Services TIF-Eden Shores Senior Housing 6301 5,485 SELECT ACCOUNT HRA Health and Benefits 1018100 5,141 VINOCOPIA Liquor Product Received Prairie View Liquor Store 256239 5,072 ULTIMATE SOFTWARE GROUP,THE Ultimate(prey.Ceridian) IT Operating 256140 4,629 DAVE'S FLOOR SANDING&INSTALLING INC Contract Svcs-General Bldg Senior Center 256005 4,475 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store 256224 4,465 PRINTING ENTERPRISES INC Printing Stormwater Non-Capital 256179 4,244 IMPACT PROVEN SOLUTIONS Other Contracted Services Water Accounting 1018168 4,206 ESS BROTHERS&SONS INC Equipment Parts Wasterwater Collection 256128 4,075 CEMSTONE PRODUCTS COMPANY Asphalt Overlay Street Maintenance 256244 4,053 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store 256099 4,000 ULTIMATE CONTROLS ELECTRIC LLC Improvement Contracts Wastewater Capital 256158 3,983 DEPT OF EMPLOYMENT/ECONOMIC DEVELOPMENT Interest Economic Development Fund 1018164 3,550 YOUNGSTEDTS COLLISION CENTER Equipment Repair&Maint Fleet Operating 1018165 3,547 ADVANCED ENGINEERING&ENVIRONMENTAL SE Process Control Services Wastewater Lift Station 256198 3,250 MOVEFWD INC Other Contracted Services Housing and Community Service 1018143 3,130 GREENSIDE INC Contract Svcs-Lawn Maint. City Hall-CAM 256222 3,000 POSTAGE BY PHONE RESERVE ACCOUNT Postage Customer Service 1018181 3,000 ST CROIX ENVIRONMENTAL INC OCS-Well Field Mgmt Water Supply(Wells) 1018167 2,955 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store 6312 2,856 AMERICAN EXPRESS Bank and Service Charges Prairie View Liquor Store 1018113 2,850 ESS BROTHERS&SONS INC Equipment Parts Stormwater Collection 256087 2,838 SIGNCRAFTERS OUTDOOR Equipment Repair&Maint Water Storage 256014 2,820 CENTERPOINT ENERGY Equipment Repair&Maint Stormwater Collection 1018187 2,791 WINE COMPANY,THE Liquor Product Received Den Road Liquor Store 1018092 2,757 GREENSIDE INC Contract Svcs-Lawn Maint. City Hall-CAM 256013 2,741 CEMSTONE PRODUCTS COMPANY Asphalt Overlay Stormwater Collection 1018108 2,732 ASPEN WASTE SYSTEMS INC. Waste Disposal Fire Station#3 1018175 2,629 METRO SALES INCORPORATED* Other Rentals IT Operating 256071 2,625 NORTHSTAR MUDJACKING&MORE LLC Mudjacking Curbs Capital Maint.&Reinvestment 256105 2,596 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store 1018099 2,578 VAN PAPER COMPANY Cleaning Supplies Fire Station#1 256035 2,528 GENERAL OFFICE PRODUCTS COMPANY Contract Svcs-Gen.Bldg City Center Operations 1018160 2,502 VAN PAPER COMPANY Janitor Service City Center Operations 256175 2,485 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Concessions 256178 2,473 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store 256028 2,349 EARL F ANDERSEN INC Operating Supplies Traffic Signs 256136 2,349 CORE&MAIN Equipment Parts Stormwater Collection 256196 2,298 MINNESOTA SAFETY SERVICES LLC Other Contracted Services Pool Lessons 256117 2,250 BERNICK'S WINE Liquor Product Received Prairie Village Liquor Store 1018161 2,161 VINOCOPIA Liquor Product Received Den Road Liquor Store Check# Amount Supplier/Explanation Account Description Business Unit Comments 6296 2,016 SELECT ACCOUNT FSA-Dependent Care Health and Benefits 256204 1,907 PAUSTIS&SONS COMPANY Liquor Product Received Den Road Liquor Store 256126 1,893 CALLYO 2009 CORP Dues&Subscriptions Police 256111 1,873 ARTEKA OUTDOOR SERVICES Other Contracted Services Street Maintenance 256051 1,872 INTERNATIONAL UNION OF OPERATING Union Dues Withheld Health and Benefits 256201 1,818 NORTH MEMORIAL Tuition Reimb-College Core Fire 256023 1,800 DAKOTA COUNTY TECHNICAL COLLEGE Tuition Reimbursement/School Police 256192 1,658 MEDICINE LAKE TOURS Special Event Fees Trips 256203 1,592 OUTDOOR ENVIRONMENTS INC Other Contracted Services Pleasant Hill Cemetery 256095 1,510 SUNGATE WEST HOA Deposits Escrow 256002 1,510 AIRGAS USA LLC Supplies-Pool Pool Maintenance 256188 1,463 LUBE-TECH&PARTNERS LLC Capital Under$25,000 Fleet Operating 256199 1,439 NAC Other Contracted Services Facilities Capital 256229 1,435 SALAMANDER TECHNOLOGIES INC Equipment Repair&Maint Public Safety Communications 256000 1,385 ADVANTAGE PROPERTY MAINTENANCE INC Other Contracted Services Park Maintenance 256163 1,353 EHLERS&ASSOCIATES INC Deposits TIF-Columbine Road Housing 1018094 1,334 LYNDALE PLANT SERVICES Contract Svcs-Int.Landscape City Hall-CAM 1018118 1,199 HORIZON COMMERCIAL POOL SUPPLY Supplies-Pool Pool Maintenance 256132 1,188 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie Village Liquor Store 1018095 1,150 MINNESOTA NATIVE LANDSCAPES Maintenance Contracts Stormwater Non-Capital 256075 1,149 POLLARD WATER Small Tools Wasterwater Collection 256049 1,141 INDEED BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store 255999 1,120 ACCELERATED TECHNOLOGIES LLC Capital Under$25,000 Community Center Admin 256245 1,120 WORKS COMPUTING INC Hardware-Rpr&Mtc IT Operating 256225 1,076 PROP Refunds CDBG-Public Service 256109 1,050 ADVANTAGE PROPERTY MAINTENANCE INC Other Contracted Services Park Maintenance 1018182 1,032 ST CROIX RECREATION FUN PLAYGRAOUNDS INC Capital Under$25,000 Capital Outlay Parks 256121 1,000 BRAATEN REED Other Contracted Services Fall Harvest 256059 972 LUPULIN BREWING COMPANY Liquor Product Received Prairie View Liquor Store 6297 908 I-494 CORRIDOR COMMISSION Deposits 494 Corridor Commission 256091 876 STRAND MANUFACTURING CO INC Equipment Parts Water Treatment 1018090 866 CLAREY'S SAFETY EQUIPMENT Equipment Repair&Maint Emergency Preparedness 1018178 850 ON CALL SERVICES Other Contracted Services Day Care 256164 830 EULL'S MANUFACTURING CO INC Repair&Maint.Supplies Stormwater Collection 1018085 823 ASSOCIATED BAG COMPANY Operating Supplies Inspections-Administration 1018166 788 ASPEN WASTE SYSTEMS INC. Waste Disposal Public Works/Parks 256189 781 MACDONALD&MACK ARCHITECTS LTD Other Contracted Services Facilities Capital 256060 773 MARS SUPPLY Operating Supplies Fleet Operating 256058 760 LORENZ,JOYCE Conference/Training Communications 256039 747 GYM WORKS Equipment Repair&Maint Fitness Center 256026 739 DOMACE VINO Liquor Product Received Prairie Village Liquor Store 6310 719 SELECT ACCOUNT FSA-Dependent Care Health and Benefits 256246 700 ZINGHOPPERS GROUP LLC,THE Other Contracted Services Fall Harvest 1018186 688 WATSON CO INC,THE Merchandise for Resale Concessions 256047 688 HOME DEPOT CREDIT SERVICES Supplies-Plumbing Fire Station#2 1018184 684 VISTAR CORPORATION Merchandise for Resale Concessions 256044 681 HENNEPIN COUNTY I/T DEPT Software Maintenance Public Safety Communications 256032 680 FORTERRA PIPE& PRECAST Equipment Parts Stormwater Collection 256106 625 BUSIAHN JACOB Conference/Training Tree Disease 256097 616 TKO WINES,INC Liquor Product Received Prairie View Liquor Store 256115 612 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating 256038 603 GREAT LAKES COCA-COLA DISTRIBUTION Merchandise for Resale Concessions 256166 600 FAHEY,MATT L Other Contracted Services Fall Harvest Check# Amount Supplier/Explanation Account Description Business Unit Comments 256248 589 PETTY CASH Printing Economic Development 1018131 585 WINE COMPANY,THE Liquor Product Received Prairie Village Liquor Store 256116 580 BECKER ARENA PRODUCTS INC Repair&Maint-Ice Rink Ice Arena Maintenance 1018117 575 HANSEN THORP PELLINEN OLSON Design&Engineering Stormwater Capital 6311 563 PMA FINANCIAL NETWORK INC Bank and Service Charges Wastewater Accounting 256230 562 SMALL LOT MN Liquor Product Received Prairie View Liquor Store 256061 550 METRO CONCRETE RAISING INC Other Contracted Services Facilities Capital 1018109 543 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store 256124 543 BROTHERS FIRE PROTECTION Contract Svcs-Fire/Life/Safe Fitness/Conference-Cmty Ctr 1018185 535 WALL TRENDS INC Contract Svcs-Gen.Bldg City Center Operations 256063 521 MIDWEST SIGN&SCREEN PRINTING SUPPLY CO Operating Supplies Traffic Signals 256096 520 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions 256135 515 COMMERCIAL REFRIGERATION SYSTEMS INC Repair&Maint-Ice Rink Ice Arena Maintenance 1018087 514 BERRY COFFEE COMPANY Merchandise for Resale Concessions 256223 490 PRAIRIE RESTORATIONS INC Other Contracted Services Park Maintenance 256077 480 PRAIRIE LAWN AND GARDEN Machinery&Equipment Capital Outlay Parks 256232 467 STAPLES ADVANTAGE Office Supplies Customer Service 256234 466 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions 256069 458 NAC Contract Svcs-HVAC Water Treatment 6298 448 SAGE PAYMENT SOLUTIONS Bank and Service Charges Wastewater Accounting 256221 446 PLASTIC BAG MART Liquor Product Received Den Road Liquor Store 256065 440 MINNESOTA DEPT OF LABOR AND INDUSTRY Licenses,Taxes,Fees Utility Operations-General 1018097 438 SAMS,JOHN Travel Expense Assessing 256015 428 CENTURYLINK Other Broadband Internet E-911 Program 256242 427 WATER CONSERVATION SERVICES INC OCS-Utility Locates Water Distribution 256030 427 FESNICK JOHN AR Utility Water Enterprise Fund 1018139 425 BUSINESS ESSENTIALS Office Supplies Utility Operations-General 256157 418 DEPARTMENT OF HUMAN SERVICES Other Contracted Services Park Maintenance 1018102 406 WICKSTROM,SHERRY BUTCHER Travel Expense City Council 256240 400 UNIVERSAL ATHLETIC SERVICES INC Awards Volleyball 1018137 398 BOUNDLESS NETWORK Clothing&Uniforms Facilities Staff 256012 389 CAPREF EDEN PRAIRIE LLC Building Rental Housing and Community Service 1018112 386 EDEN PRAIRIE FIREFIGHTER'S RELIEF ASSOC Union Dues Withheld Health and Benefits 256238 380 TWIN CITIES&WESTERN RAILROAD COMPANY Licenses,Taxes,Fees Water Distribution 256161 378 EARL F ANDERSEN INC Signs Park Maintenance 256094 371 SUNBURST CHEMICALS INC Cleaning Supplies Garden Room Repairs 1018188 370 XCEL ENERGY Electric Forest Hills Park 1018174 370 MENARDS Landscape Materials/Supp Outdoor Center 1018089 365 CARLSTON,BRANDON Clothing&Uniforms Fleet Operating 1018141 357 FASTENAL COMPANY Equipment Parts Fleet Operating 256031 356 FIRE SAFETY USA INC EMS Supplies-EMS Supplies Fire 1018130 354 WATSON CO INC,THE Merchandise for Resale Concessions 256187 351 LIFELINE INC EMS Supplies-AED Fire 1018098 337 SHAMROCK GROUP,INC-ACE ICE Liquor Product Received Prairie View Liquor Store 256193 328 MIDWEST COCA COLA BOTTLING COMPANY Liquor Product Received Prairie Village Liquor Store 6295 325 US BANK-PAYMODE Bank and Service Charges Organizational Services 256084 320 ROOT 0 MATIC Equipment Repair&Maint Wasterwater Collection 1018121 319 METRO SALES INCORPORATED* Equipment Rentals IT Operating 256236 305 TIRE TOWN INC Contract Svcs-Ice Rink Ice Arena Maintenance 255997 300 3RD LAIR Program Fee Camps 256072 300 PARK NICOLLET CLINIC Health&Fitness Fire 256243 300 WENTWORTH LO Training Supplies Fitness Classes 256160 297 E A SWEEN COMPANY Merchandise for Resale Concessions Check# Amount Supplier/Explanation Account Description Business Unit Comments 1018115 287 GRAINGER Cleaning Supplies Utility Operations-General 1018179 286 POMP'S TIRE SERVICE INC Tires Fleet Operating 256113 277 ASPEN MILLS Clothing&Uniforms Fire 1018173 276 KIDCREATE STUDIO Instructor Service Arts Center 255968 274 FLORIDA KARL AR Utility Water Enterprise Fund 256006 274 ASPEN MILLS Clothing&Uniforms Fire 1018159 265 THOMPSON JONATHAN Travel Expense Assessing 256020 260 COMMUNITY HEALTH CHARITIES OF MINNESOTA United Way Withheld Health and Benefits 1018156 254 SHAMROCK GROUP,INC-ACE ICE Liquor Product Received Den Road Liquor Store 256081 254 PROP United Way Withheld Health and Benefits 256067 250 MN AWWA Tuition Reimbursement/School Water Treatment 256172 250 GRABER JONATHAN Other Contracted Services Special Initiatives 256190 250 MARSHALL,ADAM DOUGLAS Other Contracted Services Staring Lake Concert 1018133 250 ADAMS PEST CONTROL INC Contract Svcs-Pest Control Fitness/Conference-Cmty Ctr 1018120 250 MENARDS Supplies-Plumbing Fire 256170 249 GALLS LLC Clothing&Uniforms Police 256162 245 EDEN PRAIRIE NOON ROTARY CLUB Dues&Subscriptions Housing and Community Service 1018096 245 QUALITY PROPANE Equipment Parts Ice Arena Maintenance 256119 239 BOUND TREE MEDICAL LLC EMS Supplies-EMS Supplies Fire 256237 237 TKO WINES,INC Liquor Product Received Den Road Liquor Store 1018136 236 BERRY COFFEE COMPANY Merchandise for Resale Concessions 256101 230 URBAN GROWLER BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store 255973 218 JENSEN JAY AR Utility Water Enterprise Fund 256228 218 ROOTSTOCK WINE COMPANY Liquor Product Received Den Road Liquor Store 256173 217 GRAPE BEGINNINGS Liquor Product Received Den Road Liquor Store 256177 216 HIRSI,KHADRA A P&R Refunds Community Center Admin 1018111 215 BOYER TRUCKS Equipment Parts Fleet Operating 256055 210 KAISER,DAVID S Equipment Repair&Maint Fitness Center 1018084 203 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Den Road Liquor Store 1018157 202 SITEONE LANDSCAPE SUPPLY,LLC Chemicals Round Lake 256129 200 CENTRAL MIDDLE SCHOOL P&R Refunds Community Center Admin 256169 199 G&K SERVICES-MPLS INDUSTRIAL Operating Supplies Park Maintenance 6305 199 ULTIMATE SOFTWARE GROUP,THE Garnishment Withheld Health and Benefits 256003 198 ALEX AIR APPARATUS INC Equipment Repair&Maint Emergency Preparedness 256056 195 LAKE COUNTRY DOOR LLC Building Repair&Maint. Utility Operations-General 256083 186 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Den Road Liquor Store 256200 185 NEGOCE LLC Liquor Product Received Prairie View Liquor Store 256050 182 INDELCO PLASTICS CORP Equipment Parts Water Treatment 256033 175 FULL BLOOM INC Licenses,Taxes,Fees Senior Center Programs 1018154 175 SAMS,JOHN Travel Expense Assessing 256016 170 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store 1018134 168 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Prairie View Liquor Store 1018150 166 PERRY NICHOLAS L Mileage&Parking Tree Disease 1018104 165 ZIEBOL,MATTHEW Conference/Training Human Resources 256143 164 DEPARTMENT OF COMMERCE AR Utility Community Center Admin 256247 160 YERKS MEGAN Travel Expense Community Development Admin. 256131 159 CINTAS CORPORATION #470 Cleaning Supplies Utility Operations-General 1018140 159 CLAREY'S SAFETY EQUIPMENT Safety Supplies Fleet Operating 255960 158 ATLURU SARATBABU AR Utility Water Enterprise Fund 255970 153 GROSS PAUL AR Utility Water Enterprise Fund 256154 150 DEPARTMENT OF COMMERCE Tuition Reimbursement/School Water Treatment 1018129 150 USA SECURITY Maintenance Contracts Water Treatment 256040 149 H&L MESABI Equipment Parts Fleet Operating Check# Amount Supplier/Explanation Account Description Business Unit Comments 1018126 147 STREICHERS Clothing&Uniforms Police 1018151 146 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 256017 146 COMCAST Equipment Repair&Maint E-911 Program 256120 146 BOURGET IMPORTS Liquor Product Received Prairie View Liquor Store 1018170 141 FASTSIGNS Repair&Maint.Supplies Special Events(CC) 256185 140 KEEPRS INC. Clothing&Uniforms Animal Control 256090 138 STAPLES ADVANTAGE Office Supplies Customer Service 1018125 136 STERICYCLE INC Other Contracted Services Police 255983 136 PHILABAUM JACK AR Utility Water Enterprise Fund 256142 135 DEPARTMENT OF COMMERCE Reimbursement-legal notices Escrow 1018135 134 BATTERIES PLUS Repair&Maint.Supplies Fire 1018158 134 STAAF,CARTER Clothing&Uniforms Police 255963 133 CAUSTON AMY AR Utility Water Enterprise Fund 256130 128 CENTURYLINK Telephone IT Telephone 256068 125 MORN INGERID Tuition Reimbursement/School Fitness Classes 256108 125 HEINE MINDY Tuition Reimbursement/School Fitness Classes 1018114 125 FASTSIGNS Signs Traffic Signs 256241 124 VERIZON WIRELESS Telephone Police 255967 119 FAIRMAN WILLIAM AR Utility Water Enterprise Fund 1018123 119 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 1018107 118 A-SCAPE INC Contract Svcs-Lawn Maint. Fire Station#4 1018145 116 JOHNSTON,ROB Travel Expense Police 1018155 116 SCHMIDT,MATT Travel Expense Police 256098 114 TRANSUNION RISK&ALTERNATIVE DATA Other Contracted Services Police 256107 114 MID-AMERICA FESTIVALS Deposits Escrow 256018 112 COMCAST Cable TV Fire 256036 110 GRAPE BEGINNINGS Liquor Product Received Den Road Liquor Store 1018176 110 NEW FRANCE WINE COMPANY Liquor Product Received Den Road Liquor Store 255971 109 IRELAND MALIA AR Utility Water Enterprise Fund 255984 108 PHILLIPS JASON AR Utility Water Enterprise Fund 255990 105 SEIZERT CHAD AR Utility Water Enterprise Fund 1018091 104 FASTENAL COMPANY Equipment Parts Fleet Operating 1018169 103 FACTORY MOTOR PARTS COMPANY Equipment Parts Fleet Operating 256007 100 BLOMGREN DALE Rebates Water Conservation 256024 100 DEWITT BRANDON Rebates Water Conservation 256043 100 HENNEPIN COUNTY FIRE CHIEF ASSOCIATION Dues&Subscriptions Fire 256076 100 Poonawala Huzefa Rebates Water Conservation 256082 100 PUDAS NANCY Rebates Water Conservation 1018119 100 JANEX INC Cleaning Supplies Fitness/Conference-Cmty Ctr 1018127 100 TWIN CITY SEED CO Landscape Materials/Supp Street Maintenance 256010 99 CAMPBELL KNUTSON,P.A. Insurance WAFTA 255994 97 THOMPSON DALE AR Utility Water Enterprise Fund 256235 96 TESCHNER RALPH AR Utility Water Enterprise Fund 256027 96 E A SWEEN COMPANY Merchandise for Resale Concessions 256086 95 SENTRY SYSTEMS INC Development Fire Permits General Fund 256180 95 INFORMATION POLICY ANALYSIS Tuition Reimbursement/School Police 1018083 95 ADAMS PEST CONTROL INC Contract Svcs-Pest Control Arts Center 256141 91 DE MIRA MARIQUITA Deposits 494 Corridor Commission 255976 90 LUNDE ERIK AR Utility Water Enterprise Fund 255975 90 LUEBKE DAVID AR Utility Water Enterprise Fund 256045 89 HENNEPIN COUNTY RESIDENT&REAL ESTATE Software Maintenance IT Operating 255965 88 CROWDER KAREN AR Utility Water Enterprise Fund 1018171 87 GRAINGER Safety Supplies Facilities Staff Check# Amount Supplier/Explanation Account Description Business Unit Comments 255964 83 CHRIST THEODORE AR Utility Water Enterprise Fund 256137 83 CUB FOODS EDEN PRAIRIE Operating Supplies Police 1018149 81 MUNOZ,MEGAN Mileage&Parking Fitness Classes 256153 80 DEPARTMENT OF COMMERCE AR Utility Water Enterprise Fund 255993 77 TERP JON K AR Utility Water Enterprise Fund 256138 73 CUMMINS NPOWER LLC Equipment Parts Fleet Operating 256052 73 INTERTECH INC Contract Development IT Operating 256100 70 UNITED WAY United Way Withheld Health and Benefits 255966 70 EISCHEN BRIAN AR Utility Water Enterprise Fund 256159 67 DODGE OF BURNSVILLE Equipment Parts Fleet Operating 1018122 65 MOOD MEDIA Other Contracted Services Prairie Village Liquor Store 255998 64 440400-NCPERS MINNESOTA PERA Health and Benefits 255995 63 WHELAN,KATE AR Utility Water Enterprise Fund 255985 62 POLLOCK VIRGINIA AR Utility Water Enterprise Fund 256041 61 HASSAN SAHRA P&R Refunds Community Center Admin 1018148 61 MUNOZ,CESAR Travel Expense Police 255959 60 COUGHLAN JOHN AR Utility Water Enterprise Fund 256001 60 AIM ELECTRONICS Repair&Maint-Ice Rink Ice Arena Maintenance 1018147 60 MPX GROUP,THE Printing Police 256025 58 DIRECTV Other Contracted Services Police 256205 57 PERERA,ANGIE Mileage&Parking Planning 1018153 56 SACKETT,MATTHEW Travel Expense Police 256034 54 GALLS LLC Clothing&Uniforms Police 1018146 54 KLIMA,JULIE Mileage&Parking Planning 256176 53 GS DIRECT Operating Supplies Engineering 256019 53 COMCAST Other Broadband Internet IT Operating 1018105 52 A TO Z RENTAL CENTER Repair&Maint.Supplies Stormwater Collection 256092 52 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 255969 51 GERMUNDSON STEVEN AR Utility Water Enterprise Fund 256102 50 VALLEY VIEW COOPERATIVE Rebates Water Conservation 256103 50 VERIZON WIRELESS-VSAT Other Contracted Services Police 256171 50 GPRS Conference/Training Human Resources 256155 49 DEPARTMENT OF COMMERCE Refunds Water Conservation 1018183 48 TWIN CITY SEED CO Landscape Materials/Supp Round Lake 256029 46 EDEN PRAIRIE FOUNDATION United Way Withheld Health and Benefits 255962 45 BUTEYN ROBERT AR Utility Water Enterprise Fund 256134 44 COMCAST Cable TV Fire 1018180 42 SPRINT Pager&Cell Phone IT Operating 255974 41 KERNS,TOM&MARY AR Utility Water Enterprise Fund 256070 40 NGUYEN PHAM Rebates Water Conservation 1018110 39 BOBBY&STEVE'S AUTO WORLD EDEN PRAIRIE Equipment Repair&Maint Police 255991 38 SWART KATHY AR Utility Water Enterprise Fund 256104 38 WEINBERG HEIDI Tuition Reimbursement/School Fitness Classes 256114 38 AUSTIN CHARLENE Tuition Reimbursement/School Fitness Classes 256184 38 JOHNSON MIKKI Tuition Reimbursement/School Fitness Classes 1018142 38 GOERGEN,MARIE Tuition Reimbursement/School Fitness Classes 1018163 38 YLITALO,DEBRA Tuition Reimbursement/School Fitness Classes 256021 37 CUB FOODS EDEN PRAIRIE Operating Supplies Reserves 255961 37 BRATT GLENN AR Utility Water Enterprise Fund 255980 37 OREILLY TERRY AR Utility Water Enterprise Fund 255977 34 LUNDQUIST MICHAEL AR Utility Water Enterprise Fund 256144 33 DEPARTMENT OF COMMERCE P&R Refunds Community Center Admin 256148 31 DEPARTMENT OF COMMERCE Deposits-Health Reimb. Water Enterprise Fund Check# Amount Supplier/Explanation Account Description Business Unit Comments 1018086 30 BATTERIES PLUS Supplies-Electrical Park Shelters 255982 29 PESTER BRAD AR Utility Water Enterprise Fund 1018177 29 NORCOSTCO Operating Supplies Theatre Initiative 256133 27 COMCAST Other Contracted Services Police 256085 27 SCHWALBE STONEWORK INC Operating Supplies Park Maintenance 256149 25 DEPARTMENT OF COMMERCE AR Utility Water Enterprise Fund 256151 25 DEPARTMENT OF COMMERCE AR Utility Water Enterprise Fund 1018093 24 INTEREUM INC Supplies-General Bldg Public Works/Parks 256195 23 MINNEAPOLIS FINANCE DEPARTMENT Software Maintenance IT Operating 256156 22 DEPARTMENT OF COMMERCE AR Utility Water Enterprise Fund 255978 22 MATZEN JACKIE AR Utility Water Enterprise Fund 1018152 21 ROSE,ALECIA Office Supplies Customer Service 256233 21 STATE OF MINNESOTA Miscellaneous DWI Forfeiture 255987 20 REINKE SCOTT AR Utility Water Enterprise Fund 256197 20 MINNESOTA TROPHIES&GIFTS Operating Supplies Park Maintenance 255981 20 OYE LEAH AR Utility Water Enterprise Fund 256147 20 DEPARTMENT OF COMMERCE Deposits-Health Reimb. Community Center Admin 256181 20 J H LARSON COMPANY Repair&Maint.Supplies Miller Park 255979 18 OBRIEN MICHAEL AR Utility Water Enterprise Fund 255988 18 RENSLOW MIKE AR Utility Water Enterprise Fund 255996 17 WILL GLENN AR Utility Water Enterprise Fund 256150 17 DEPARTMENT OF COMMERCE Small Tools Fleet Operating 256048 16 HOWELL TRICIA AR Utility Water Enterprise Fund 255972 14 JEETER GARY AR Utility Water Enterprise Fund 256152 14 DEPARTMENT OF COMMERCE AR Utility Water Enterprise Fund 255992 12 TAYLOR TIM AR Utility Water Enterprise Fund 255989 12 RYAN CHARLES AR Utility Water Enterprise Fund 256146 12 DEPARTMENT OF COMMERCE AR Utility Water Enterprise Fund 256145 12 DEPARTMENT OF COMMERCE AR Utility Water Enterprise Fund 256066 10 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Riley Creek Woods 255986 5 PRICE CARROLL AR Utility Water Enterprise Fund 1018128 5 UPS Postage Planning 6294 .23 SQUARE Bank and Service Charges Community Center Admin 2,541,444 Grand Total City of Eden Prairie Purchasing Card Payment Report 10/17/2017 Amount Explanation Vendor Account Description Business Unit 3,850 US-computer forensics school CELLEBRITE USA CORP Tuition Reimbursement/School Police 3,700 US-software license renewal CELLEBRITE USA CORP Equipment Repair&Maint IT Operating 3,249 US-K9 HOME DEPOT CREDIT SERVICES Canine Supplies Police 3,022 US-July 2017 Bldg Surchgs DEPT OF LABOR&INDUSTRY Building Surcharge General Fund 2,484 US-liquor store software NCR SPECIALTY Equipment Repair&Maint IT Operating 1,998 US-Danhauser trng NEW HAMPSHIRE INSTITUTE Conference/Training Recreation Admin 1,976 US-golf classic DAHLGREEN GOLF CLUB Special Event Fees Senior Center Programs 1,948 US-employee BBQ ANNIE'S CAFE Miscellaneous Internal Events 1,402 US-computer forensics school AIRBNB INC Tuition Reimbursement/School Police 1,140 US-IT software NINITE.COM Equipment Repair&Maint IT Operating 1,131 US-lodging HOTELRESERVATIONS.COM Conference/Training City Council 1,046 US-parts/boat props RAPID MARINE Equipment Parts Fleet Operating 914 US-July 2017 Bldg Surchgs DEPT OF LABOR&INDUSTRY Mechanical Surcharge General Fund 840 US-butcher wickstrom nlc hotel LE MERIDIAN Conference/Training City Council 797 US-golf classic STICKS TAVERN Special Event Fees Senior Center Programs 715 US-cooler kit SHOPINJECTORS.COM Equipment Parts Fleet Operating 687 US-dispatch training POWERPHONE INC Tuition Reimbursement/School Police 659 US-fused glass supplies DELPHI Operating Supplies Arts Center 634 US-lifeguard supplies ADOLPH KIEFER&ASSOCIATES Operating Supplies Round Lake Beach 588 US-console upgrades-PD AMAZON.COM Operating Supplies IT Telephone 568 US-night vision TACTICAL NIGHT VISION CO Training Supplies Police 512 US-August license SCW WIM INC Licenses,Permits,Taxes,Fees Fitness Classes 492 US-conf airfare DELTA AIR Tuition Reimbursement/School Police 492 US-conf airfare DELTA AIR Tuition Reimbursement/School Police 468 US-chair for admin office PAYPAL INC Repair&Maint. Supplies City Center Operations 450 US-parts YORK Repair&Maint. Supplies Fitness/Conference-Cmty Ctr 427 US-handsets-PD JABRA Operating Supplies IT Telephone 425 US-MAAO fals conf-J Sams MAAO Conference/Training Assessing 414 US-computer forensics school DELTA AIR Tuition Reimbursement/School Police 413 US-supplies AMAZON.COM Video&Photo Supplies Fire 387 US-heavy adhesive MENARDS Repair&Maint. Supplies Stormwater Collection 386 US-skate sharpening supplies GALLS LLC Operating Supplies Ice Operations 380 US-TZD conf-4 UNIVERSITY OF MINNESOTA Tuition Reimbursement/School Police 377 US-nlc airfare DELTA AIR Travel Expense City Council 372 US-lodging WG PARK CITY RENTAL Travel Expense Utility Operations-General 369 US-gateway fees NCR SPECIALTY Bank and Service Charges Den Road Liquor Store 363 US-council food QDOBA MEXICAN GRILL Miscellaneous City Council 360 US-cofee COFFEE WHOLESALE Operating Supplies Senior Center Programs 351 US-conf expenses CRAGUNS Conference/Training Recreation Admin 350 US-training-Brady/Ryan PAYPAL INC Conference/Training Street Maintenance 342 US-supplies WPSG INC Clothing&Uniforms Fire 341 US-supplies HOME DEPOT CREDIT SERVICES Operating Supplies Engineering Amount Explanation Vendor Account Description Business Unit 336 US-conf car rental HERTZ Conference/Training Utility Operations-General 334 US-membership renewal IABC Dues&Subscriptions Communications 323 US-council food THE ITALIAN GOURMET Miscellaneous City Council 320 US-color ribon/pvc cards ID WHOLESALER Operating Supplies Community Center Admin 300 US-dues Novak-Krebs APA MINNESOTA Dues&Subscriptions Planning 300 US-training ATOM Tuition Reimbursement/School Police 300 US-training ATOM Tuition Reimbursement/School Police 288 US-IEDC conf DELTA AIR Travel Expense Economic Development 287 US-ipad accessories BEST BUY Office Supplies Utility Operations-General 283 US-July 2017 Bldg Surchgs DEPT OF LABOR&INDUSTRY Plumbing Surcharge General Fund 281 US-quartermaster supply AMAZON.COM Operating Supplies Police 269 US-trng travel expense SUN COUNTRY Travel Expense Parks Administration 269 US-monthly billing NIMBLE SCHEDULE Other Contracted Services Community Center Admin 263 US-barcode scanner AMAZON.COM Computers IT Operating 254 US-vending TOTAL HOCKEY Merchandise for Resale Concessions 253 US-parts YORK Repair&Maint. Supplies Fitness/Conference-Cmty Ctr 250 US-trng-armorer's course GLOCK PROFESSIONAL INC Tuition Reimbursement/School Police 250 US-K9 Equip ECOLLAR TECHNOLOGIES INC Canine Supplies Police 245 US-AWWA conf MN AWWA Conference/Training Utility Operations-General 245 US-AWWA conf MN AWWA Conference/Training Utility Operations-General 245 US-AWWA conf MN AWWA Conference/Training Utility Operations-General 245 US-AWWA conf MN AWWA Conference/Training Utility Operations-General 236 US-gateway fees NCR SPECIALTY Bank and Service Charges Prairie View Liquor Store 226 US-conf airfare DELTA AIR Travel Expense City Council 221 US-agility ladder/soft box GOPHER PERFORMANCE Capital Under$25,000 Community Center Admin 220 US-IEDC conf DELTA AIR Travel Expense Economic Development 217 US-win tv adaptors-dispatch AMAZON.COM Equipment Repair&Maint E-911 Program 208 US-sod MUSTARD SEED Landscape Materials/Supp Miller Park 204 US-battle rope MUSCLE ROPES Capital Under$25,000 Fitness Classes 200 US-lime analysis U OF M SOIL TEST LAB Lime Residual Removal Water Treatment 200 US-R Kuffel trng UNIVERSITY OF MINNESOTA Tuition Reimbursement/School Police 200 US-printer-liquor store BEST BUY Process Control Equipment IT Operating 198 US-bank/sery charges PLUG N PAY Bank and Service Charges Community Center Admin 187 US-bank/sery charges PLUG N PAY Bank and Service Charges Community Center Admin 186 US-trng travel expense EXPEDIA Travel Expense Parks Administration 185 US-continuing ed-A Swart MAAO Conference/Training Assessing 180 US-pickleball paddles ENGAGE PICKLEBALL Operating Supplies Gymnasium(CC) 175 US-gateway fees NCR SPECIALTY Bank and Service Charges Prairie Village Liquor Store 175 US-membership-Sackett MINNESOTA CHIEFS OF POLICE ASS Dues&Subscriptions Police 175 US-J Good trng BCA Tuition Reimbursement/School Police 175 US-K9 HOME DEPOT CREDIT SERVICES Canine Supplies Police 169 US-grease gun HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance 155 US-over lunch training JETS PIZZA Operating Supplies Park Maintenance 150 US-license renewal PMI Conference/Training IT Operating 150 US-EMT renewal NATIONAL REGISTRY OF EMTS Dues&Subscriptions Fire 142 US-annual meeting lunch CAFE ZUPA Miscellaneous Community Development Admin. Amount Explanation Vendor Account Description Business Unit 141 US-ear plugs AMAZON.COM Operating Supplies Fitness Center 137 US-mask bag GALLS LLC Clothing&Uniforms Emergency Preparedness 135 US-cpr full course AMERICAN RED CROSS Wages No Benefits Day Care 135 US-flash drives AMAZON.COM Office Supplies Police 132 US-K Mitchell CC AMAZON.COM Deposits Escrow 130 US-Novak-Krebs conf APA MINNESOTA Conference/Training Planning 129 US-shop batteries HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance 129 US-conf rental car ALAMO CAR RENTAL Tuition Reimbursement/School Police 129 US-tool repairs DEWALT FACTORY Equipment Repair&Maint Wasterwater Collection 128 US-camp supplies WALMART COMMUNITY Operating Supplies New Adaptive 121 US-signage OFFICEMAX CREDIT PLAN Operating Supplies Community Center Admin 119 US-soft foam box TITAN DISTRIBUTORS Capital Under$25,000 Community Center Admin 118 US-ipad accessories BEST BUY Office Supplies Utility Operations-General 117 US-sod AAA LAMBERTS LANDSCAPE PRODUCT Landscape Materials/Supp Flying Cloud Fields 115 US-toner for liquor store AMAZON.COM Process Control Equipment IT Operating 109 US-conf registration APA MINNESOTA Conference/Training Planning 106 US-photo supplies AMAZON.COM Video&Photo Supplies Fire 105 US-subscription renewal BIZJOURNALS.COM Dues&Subscriptions Communications 105 US-shipping UPS STORE,THE Operating Supplies Round Lake Beach 104 US-playcare supplies AMAZON.COM Operating Supplies Day Care 103 US-COA Costumes ALLHEART Clothing&Uniforms Theatre Initiative 101 US-parts TRANE U.S.INC Repair&Maint. Supplies Fire Station#1 100 US-kids glass camp MENARDS Operating Supplies Arts Center 100 US-water school COMMUNITY WATER SOLUTIONS Conference/Training Utility Operations-General 100 US-water school COMMUNITY WATER SOLUTIONS Conference/Training Utility Operations-General 100 US-DOT inspector trng DAKOTA COUNTY TECHNICAL COLLEG Conference/Training Fleet Operating 99 US-trng travel expense SPIRIT AIRLINES Travel Expense Parks Administration 99 US-prime AMAZON.COM Operating Supplies Day Care 99 US-J Lorenz CC personal use DROPBOX Deposits Escrow 95 US-league awards CROWN TROPHY Operating Supplies Gymnasium(CC) 93 US-lake riley day camp WALMART COMMUNITY Operating Supplies Day Camp 91 US-cleaning supplies MENARDS Cleaning Supplies Utility Operations-General 91 US-software ATLASSIAN Other Contracted Services Fire 90 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 88 US-registration Brink Lotthamm SENSIBLE LAND USE COALITION Miscellaneous Parks Administration 86 US-weather radios-liquor store AMAZON.COM Office Supplies Customer Service 81 US-cpr class AMERICAN RED CROSS Conference/Training Fitness Admin. 80 US-Carlon CC spouse registrati MN AWWA Deposits Escrow 79 US-iphone car mounts-PD AMAZON.COM Capital Under$25,000 Capital Maint.&Reinvestment 79 US-iphone car mounts-PD AMAZON.COM Capital Under$25,000 Capital Maint.&Reinvestment 76 US-tub-o-reels ID SUPERSTORE Operating Supplies Community Center Admin 75 US-albers training FIRE MARSHAL ASSOCIATION OF MI Conference/Training Fire 75 US-small tools MENARDS Small Tools Wasterwater Collection 74 US-dvd player-movies in the pa TARGET Operating Supplies Staring Lake Concert 74 US-staff celebration EINSTEIN BROTHERS BAGELS Training Supplies Pool Operations 73 US-supplies for camps AMAZON.COM Operating Supplies Day Camp Amount Explanation Vendor Account Description Business Unit 73 US-dump trucks AMAZON.COM Equipment Parts Fleet Operating 71 US-awards 911 CARES Operating Supplies Police 70 US-oil towels gloves MENARDS Repair&Maint. Supplies Wastewater Lift Station 70 US-sunshine fund L Brink LIFE TRIBUTES Deposits Escrow 69 US-sling/parts BROWNELLS INC. Operating Supplies Police 68 US-signal maint supplies NORTHERN TOOL&EQUIPMENT Operating Supplies Traffic Signals 67 US-quartermaster AMAZON.COM Operating Supplies Police 64 US-Zafft CC personal use MINNESOTA ZOO Deposits Escrow 64 US-markers AMAZON.COM Office Supplies Police 63 US-purgatory pool MENARDS Operating Supplies Purgatory Creek Park 63 US-brake service tools BRAKE TECH TOOLS Small Tools Fleet Operating 61 US-supplies MENARDS Operating Supplies Park Maintenance 60 US-supplies ACCO BRANDS Operating Supplies Economic Development 60 US-sunshine fund L King TLF BELLADONNA FLORIST Deposits Escrow 60 US-trng-koivumaki ST LOUIS COUNTY Conference/Training Housing and Community Service 60 US-MN GFOA membership dues GOVERNMENT FINANCE OFFICERS AS Dues&Subscriptions Finance 60 US-endoscope cameras AMAZON.COM Equipment Parts Water Metering 59 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 58 US-aftercare art supplies MICHAELS-THE ARTS&CRAFTS S Operating Supplies Arts 57 US-riley pavilion-switches MENARDS Operating Supplies Riley Lake 57 US-art center security system BATTERIES PLUS Equipment Repair&Maint Public Safety Communications 55 US-tone belts AMAZON.COM Equipment Repair&Maint Fitness Classes 54 US-toner for liquor store AMAZON.COM Process Control Equipment IT Operating 54 US-supplies WALMART COMMUNITY Operating Supplies Park Maintenance 51 US-critter food PETCO Operating Supplies Outdoor Center 50 US-fashion art camp MICHAELS-THE ARTS&CRAFTS S Operating Supplies Arts Center 49 US-conf travel TAXI Conference/Training Utility Operations-General 49 US-supply kits BLICK ART MATERIALS Operating Supplies Arts Center 48 US-quartermaster AMAZON.COM Operating Supplies Police 46 US-batteries AMAZON.COM Operating Supplies Fitness Center 45 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 45 US-shop supplies HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance 44 US-sluc millennial/boomer SENSIBLE LAND USE COALITION Conference/Training Community Development Admin. 44 US-Klima traning SENSIBLE LAND USE COALITION Conference/Training Planning 44 US-lift station MENARDS Small Tools Wastewater Lift Station 43 US-tools MENARDS Operating Supplies Park Maintenance 43 US-fashion camp supplies MICHAELS-THE ARTS&CRAFTS S Operating Supplies Arts Center 41 US-ice supplies MENARDS Operating Supplies Ice Operations 40 US-adapter AMAZON.COM Equipment Repair&Maint Public Safety Communications 39 US-COA Costumes PAYPAL INC Clothing&Uniforms Theatre Initiative 37 US-riley pavilion lights MENARDS Operating Supplies Riley Lake 36 US-quartermaster AMAZON.COM Operating Supplies Police 36 US-HLA housing debrief lunch CAFE ZUPA Miscellaneous Planning 36 US-mapping frame-front desk AMAZON.COM Office Supplies Police 36 US-tennis supplies MENARDS Operating Supplies Tennis 35 US-café food WALMART COMMUNITY Merchandise for Resale Concessions Amount Explanation Vendor Account Description Business Unit 34 US-keyboard and mouse-engineer AMAZON.COM Computers IT Operating 34 US-aftercare art supplies MICHAELS-THE ARTS&CRAFTS S Operating Supplies Arts 34 US-leadership training AMAZON.COM Operating Supplies Youth Programs Admin 33 US-supplies AMAZON.COM Operating Supplies Day Camp 33 US-employee water COSTCO Operating Supplies Den Road Liquor Store 33 US-small tools MENARDS Small Tools Wasterwater Collection 32 US-computer forensics supplies WALGREEN'S#5080 Office Supplies Police 32 US-phone cases-PD AMAZON.COM Capital Under$25,000 Capital Maint.&Reinvestment 31 US-shop supplies MENARDS Repair&Maint. Supplies Water Distribution 31 US-flag football codes AMAZON.COM Operating Supplies Touch Football 31 US-purgatory park fountain MENARDS Operating Supplies Purgatory Creek Park 29 US-uniform work shirts GANDER MOUNTAIN Clothing&Uniforms Utility Operations-General 29 US-treasure boxes MICHAELS-THE ARTS&CRAFTS S Operating Supplies Arts Center 29 US-supplies AMAZON.COM Operating Supplies Playgrounds 28 US-café food KOWALSKI'S MARKET Merchandise for Resale Concessions 28 US-lake riley day camp WALMART COMMUNITY Operating Supplies Day Camp 28 US-critter food PETCO Operating Supplies Outdoor Center 28 US-program supplies AMAZON.COM Operating Supplies Outdoor Center 28 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 28 US-aftercare art supplies MICHAELS-THE ARTS&CRAFTS S Operating Supplies Arts 26 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 25 US-trng-koivumaki STATE OF MINNESOTA Conference/Training Housing and Community Service 25 US-wireless keyboard AMAZON.COM Computers IT Operating 25 US-subscription renewal MSP COMMUNICATIONS Dues&Subscriptions Economic Development 25 US-supplies AMAZON.COM Operating Supplies Day Camp 25 US-new hire WALMART COMMUNITY Employee Award Organizational Services 25 US-summer camp supplies MICHAELS-THE ARTS&CRAFTS S Operating Supplies Arts Center 25 US-travel ins TRAVEL INSURANCE Travel Expense City Council 24 US-quartermaster AMAZON.COM Operating Supplies Police 24 US-uniform boots GANDER MOUNTAIN Clothing&Uniforms Utility Operations-General 24 US-supplies AMAZON.COM Operating Supplies Day Camp 24 US-descaler/water filters AMAZON.COM Miscellaneous Parks Administration 23 US-parking STANDARD PARKING Operating Supplies Fire 23 US-COA Costumes GOODWILL BLOOMINGTON Clothing&Uniforms Theatre Initiative 23 US-adaptor AMAZON.COM Computers IT Operating 22 US-officer treats COSTCO Operating Supplies Police 22 US-recruit class folders OFFICE DEPOT CREDIT PLAN Training Supplies Fire 21 US-staff meeting CHICK-FIL-A Conference/Training Senior Center Admin 21 US-employee water COSTCO Operating Supplies Prairie Village Liquor Store 20 US-summer camp supplies MICHAELS-THE ARTS&CRAFTS S Operating Supplies Arts Center 20 US-conf travel CHEVRON Conference/Training Utility Operations-General 20 US-boiler license-Comeans DEPT OF LABOR&INDUSTRY Licenses,Permits,Taxes,Fees Water Treatment 20 US-supplies AMAZON.COM Operating Supplies Therapeutic Rec Admin 20 US-replacement battery AMAZON.COM Equipment Repair&Maint IT Operating 20 US-ice supplies HOME DEPOT CREDIT SERVICES Operating Supplies Ice Operations 20 US-epermit web security PAYPAL INC Equipment Repair&Maint IT Operating Amount Explanation Vendor Account Description Business Unit 20 US-sr ctr supplies WALMART COMMUNITY Operating Supplies Senior Center Admin 19 US-supplies HOME DEPOT CREDIT SERVICES Operating Supplies Purgatory Creek Park 19 US-fashion camp fabric dye JO-ANN FABRICS Operating Supplies Arts Center 19 US-shipping UPS STORE,THE Postage Fire 19 US-hole punch AMAZON.COM Office Supplies Police 18 US-employee water COSTCO Operating Supplies Prairie View Liquor Store 18 US-summer camp supplies WALMART COMMUNITY Operating Supplies Arts Center 18 US-COA Costumes PAYPAL INC Clothing&Uniforms Theatre Initiative 18 US-end of summer meeting DONUT CONNECTION Operating Supplies Youth Programs Admin 17 US-gloves and rope jetting MENARDS Repair&Maint.Supplies Wasterwater Collection 17 US-photo supplies BEST BUY Video&Photo Supplies Fire 17 US-drivers safety KOWALSKI'S MARKET Special Event Fees Senior Center Programs 17 US-COA Costumes PAYPAL INC Clothing&Uniforms Theatre Initiative 16 US-music for classes SPOTIFY Operating Supplies Pool Operations 16 US-ice supplies MENARDS Operating Supplies Ice Operations 15 US-calendar-officer liaison sc AMAZON.COM Office Supplies Police 15 US-electrical supplies MENARDS Operating Supplies Park Maintenance 14 US-reserve calendar CALENDAR WIZ Operating Supplies Reserves 14 US-lifeguard award WALGREEN'S#5080 Operating Supplies Pool Operations 13 US-supplies AMAZON.COM Repair&Maint. Supplies Fire 13 US-irrigation MENARDS Operating Supplies Park Maintenance 12 US-parking STANDARD PARKING Operating Supplies Fire 11 US-critter food CUB FOODS EDEN PRAIRIE Operating Supplies Outdoor Center 11 US-café food CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 10 US-COA Costumes PAYPAL INC Clothing&Uniforms Theatre Initiative 10 US-youth training BYE DIETZ SPORTS Operating Supplies Fitness Classes 10 US-disposable gloves HOME DEPOT CREDIT SERVICES Operating Supplies Prairie View Liquor Store 9 US-donuts for meeting CUB FOODS EDEN PRAIRIE Operating Supplies Day Care 8 US-bee spray HOME DEPOT CREDIT SERVICES Operating Supplies Emergency Preparedness 8 US-COA Costumes SAVERS Clothing&Uniforms Theatre Initiative 8 US-parking STANDARD PARKING Operating Supplies Fitness Center 8 US-drivers safety KOWALSKI'S MARKET Special Event Fees Senior Center Programs 8 US-league awards CROWN TROPHY Operating Supplies Gymnasium(CC) 8 US-critter food PETCO Operating Supplies Outdoor Center 6 US-irrigation MENARDS Operating Supplies Park Maintenance 6 US-aftercare art supplies MICHAELS-THE ARTS&CRAFTS S Operating Supplies Arts 5 US-pest control FRATTALLONE'S/MINNETONKA ACE Operating Supplies Outdoor Center 5 US-leadership training AMAZON.COM Operating Supplies Youth Programs Admin 5 US-COA Costumes PAYPAL INC Clothing&Uniforms Theatre Initiative 5 US-art camp supplies WALMART COMMUNITY Operating Supplies Arts Center 5 US-fused glass supplies HOME DEPOT CREDIT SERVICES Operating Supplies Arts Center 4 US-summer camp supplies BYERLYS Operating Supplies Arts Center 4 US-IEDC conf TRAVELOCITY.COM Travel Expense Economic Development 4 US-COA Costumes PAYPAL INC Clothing&Uniforms Theatre Initiative 3 US-aftercare art supplies MICHAELS-THE ARTS&CRAFTS S Operating Supplies Arts 1 US-water BYERLYS Lab Supplies Water Treatment Amount Explanation Vendor Account Description Business Unit 1 US-cups DOLLAR TREE STORES,INC. Operating Supplies Arts Center 1 US-membership registration UPSPIRITY.COM Conference/Training Utility Operations-General -4 US-riley pavilion MENARDS Operating Supplies Riley Lake -19 US-return supplies HOME DEPOT CREDIT SERVICES Operating Supplies Purgatory Creek Park -19 US-S Tekiela CC MICHAELS-THE ARTS&CRAFTS S Deposits Escrow -21 US-refund MUSTARD SEED Landscape Materials/Supp Miller Park -29 US-tax credit JABRA Operating Supplies IT Telephone -45 US-membership refund MINNESOTA CHIEFS OF POLICE ASS Dues&Subscriptions Police -84 US-July 2017 Bldg Surchgs DEPT OF LABOR&INDUSTRY Other Revenue General Fund -100 US-riley tent return HOME DEPOT CREDIT SERVICES Operating Supplies Riley Lake Beach -118 US-return ipad accessories BEST BUY Office Supplies Utility Operations-General -118 US-return ipad accessories BEST BUY Office Supplies Utility Operations-General -132 US-K Mitchell CC AMAZON.COM Deposits Escrow -286 US-phone refund AMAZON.COM Operating Supplies IT Telephone -3,502 US-purchasing card rebate US BANK Other Revenue General Fund 56,927 Report Total CITY COUNCIL AGENDA DATE: SECTION: Report of Public Works Director October 17, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Public Works/Engineering Lower Minnesota River Watershed District XIV.E.1. Water Management Plan Amendment Requested Action Move to: Adopt Resolution to Oppose the Lower Minnesota River Watershed District's Proposed Changes to the Definition of a Bluff and Bluff Setback Area. Synopsis The Lower Minnesota River Watershed District (LMRWD) is in the process of amending its Watershed Management Plan. As part of the plan amendment, the LMRWD proposes to establish new standards related to land-disturbing activity, vegetation removal, structure placement, development, and redevelopment of land near the Minnesota River Bluff. The LMRWD is proposing to expand on the current state definition of a bluff in the three following major areas: • The proposed standard no longer limits potential bluffs to areas within the state defined Shoreland Area. • The proposed standard lowers the minimum average slope threshold of a bluff area from 30% to 18%. • The proposed standard increases the bluff structure setback from 30 feet to 40 feet. Background Information The proposed bluff amendments will prohibit any structure from being installed within the newly defined area of a bluff or bluff setback. Because these newly defined bluff and bluff setback areas are greatly expanded beyond what exists today, many homeowners will find their back yards, decks, patios, fencing and even portions of their home to now be within a no build area. This would impact a homeowner's ability to replace these structures in the future when they need to be rebuilt. A public hearing on the proposed plan amendment is scheduled for Wednesday, October 25 in the County Board Room of the Carver County Government Center, 602 East 4th Street, Chaska, MN. Following the public hearing, the LMRWD will submit the final Plan Amendment to the Board of Water and Soil Resources for their final review and approval. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2017- WHEREAS, the Lower Minnesota River Watershed District (LMRWD) is in the process of amending its Watershed Management Plan; and WHEREAS, as part of the plan amendment, the LMRWD proposes to establish new standards related to land-disturbing activities, vegetation removal, structure placement, development, and redevelopment of lands near bluffs; and WHEREAS, the LMRWD is proposing to expand the current state definition of a bluff to areas outside the shoreland area, expand bluffs to lands with an average slope of 18% as opposed to the current 30%, and increase the bluff structure setback from 30 feet to 40 feet; and WHEREAS, the proposed bluff amendments will prohibit structures and other land disturbing activities within the newly defined area of a bluff or bluff setback which will negatively impact hundreds of residential properties across the LMRWD; and WHEREAS, the LMRWD has posted the proposed Watershed Management Plan amendment on their website and provided notice in the local newspaper,but has not effectively communicated these proposed bluff changes to individual property owners who will be most impacted; and WHEREAS, the LMRWD has not released a Statement of Need and Reasonableness (SONAR) related to the redefining of bluffs; and WHEREAS, the LMRWD's proposed changes to the definition of a bluff and bluff setback area will cause undue hardship and practical difficulties to existing residential properties; and WHEREAS, a public hearing on the proposed plan amendment is scheduled for Wednesday, October 25th in the County Board Room of the Carver County Government Center, 602 East 4th Street, Chaska, MN. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Eden Prairie City does not support the LMRWD's proposed changes to the definition of a bluff and bluff setback area. ADOPTED by the Eden Prairie City Council on October 17, 2017. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk