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City Council - 11/14/2017
AGENDA CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY,NOVEMBER 14, 2017 CITY CENTER 5:00—6:30 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 Cynthia Harder Workshop-Heritage Rooms I and II I. 2018-19 BUDGET—ENTERPRISE FUNDS A. LIQUOR ENTERPRISE FUND (5:30-5:50) B. UTILITY FRANCHISE FEES (5:50-6:00) C. UTILITY ENTERPRISE FUNDS (6:00-6:30) Open Podium - Council Chamber II. OPEN PODIUM A. WALLACE ANDERSON—BEARPATH GOLF BALLS (6:40) III. ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,NOVEMBER 14, 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. 2017 SUSTAINABLE EDEN PRAIRIE AWARDS B. 2016 LIFE SAFETY ACHIEVEMENT AWARD C. ACCEPT DONATION FROM STATE FARM COMPANIES FOUNDATION ON BEHALF OF GORDON WILLIAMS (Resolution) V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, OCTOBER 17, 2017 B. CITY COUNCIL MEETING HELD TUESDAY, OCTOBER 17, 2017 VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. ADOPT RESOLUTION APPROVING FINAL PLAT OF BLUFFS WEST FOURTEENTH ADDITION CITY COUNCIL AGENDA November 14, 2017 Page 2 C. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH WSB & ASSOCIATES FOR DESIGN OF SINGLETREE LANE SOUTH STREETSCAPE IMPROVEMENTS D. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH WSB & ASSOCIATES FOR DESIGN OF SINGLETREE LANE NORTH STREETSCAPE IMPROVEMENTS E. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH BADGER STATE INSPECTIONS LLC FOR ENGINEERING AND INSPECTION SERVICES OF HIDDEN PONDS WATER TOWER RECOATING PROJECT F. APPROVE THIRD AMENDMENT TO LIQUOR STORE LEASE AT PRAIRIE VILLAGE MALL LOCATION G. APPROVE REVISED JOINT POWERS AGREEMENT WITH I-494 CORRIDOR COMMISSION H. APPROVE PURCHASE OF STORAGE AREA NETWORK FROM XIGENT SOLUTIONS LLC I. AWARD CONTRACT FOR TRENCH DRAIN REPLACEMENT AT FIRE STATION 3 TO FLAG BUILDERS OF MINNESOTA INC. J. DECLARE OBSOLETE ELECTRONIC EQUIPMENT AS SURPLUS K. APPROVE INTERFAITH UNDERSTANDING DAY PROCLAMATION IX. PUBLIC HEARINGS/MEETINGS A. ARBY'S by Arc Vision, Inc. Request for Site Plan Review on 1.14 Acres. Location: 560 Prairie Center Drive. B. FEDEX by Windsor Plaza LLC. Planned Unit Development District Review on 0.24 Acres; Request for Site Plan Review on 0.24 Acres. Location: 11993 Singletree Lane. (Ordinance for PUD District Review) C. FIRST READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 11 RELATING TO SELF-STORAGE FACILITIES D. FIRST READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 11 RELATING TO CONDITIONAL USE PERMITS AND WIRELESS COMMUNICATION SERVICES AND EQUIPMENT X. PAYMENT OF CLAIMS CITY COUNCIL AGENDA November 14, 2017 Page 3 XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS,AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT ANNOTATED AGENDA DATE: November 9, 2017 TO: Mayor and City Council FROM: Rick Getschow, City Manager RE: City Council Meeting for Tuesday,November 14, 2017 TUESDAY,NOVEMBER 14, 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. 2017 SUSTAINABLE EDEN PRAIRIE AWARDS Synopsis: The Sustainable Eden Prairie Award recognizes significant and innovative investments that contribute to the overall vitality and sustainability of the community. The four categories reflect the four Sustainable Eden Prairie focus areas. Eligibility criteria includes property improvements and organized initiatives so both physical improvements and behavioral changes can be recognized. Staff will provide background and introduce the award. Conservation Commission members will introduce award recipients. Conservation Commissioners and Mayor Tyra-Lukens will present the award to the five recipients. The recipients of the 2017 Sustainable Eden Prairie Award are: • Energy—Eden Prairie Schools • Landscape—Joanne Bartel (9801 Archer Lane) • Waste (Tie) — Early Childhood TerraCycle Recycling Program, Flying Dutchman Spirits • Water—Pioneer Trails Homeowners Association ANNOTATED AGENDA November 14, 2017 Page 2 B. 2016 LIFE SAFETY ACHIEVEMENT AWARD Synopsis: Minnesota State Fire Marshal Bruce West will present the National Association of State Fire Marshals (NASFM) 2016 Life Safety Achievement Award to Eden Prairie Fire Chief George Esbensen and Assistant Chief Becki White. C. ACCEPT DONATION FROM STATE FARM COMPANIES FOUNDATION ON BEHALF OF GORDON WILLIAMS (Resolution) Synopsis: Senior Center volunteer, Gordon Williams, submitted volunteer hours to State Farm Companies Foundation's Good Neighbor Grant Program and Matching Gift Program in an amount that qualified for the donation of$500 to be made on his behalf toward the 2018 Annual Senior Center Volunteer Recognition Event. MOTION: Move to adopt the Resolution accepting the donation of $500 from State Farm Companies Foundation on behalf of Gordon Williams. 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 17, 2017 B. CITY COUNCIL MEETING HELD TUESDAY, OCTOBER 17, 2017 VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR MOTION: Move approval of items A-K on the Consent Calendar. A. CLERK'S LICENSE LIST B. ADOPT RESOLUTION APPROVING FINAL PLAT OF BLUFFS WEST FOURTEENTH ADDITION C. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH WSB & ASSOCIATES FOR DESIGN OF SINGLETREE LANE SOUTH STREETSCAPE IMPROVEMENTS ANNOTATED AGENDA November 14, 2017 Page 3 D. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH WSB & ASSOCIATES FOR DESIGN OF SINGLETREE LANE NORTH STREETSCAPE IMPROVEMENTS E. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH BADGER STATE INSPECTIONS LLC FOR ENGINEERING AND INSPECTION SERVICES OF HIDDEN PONDS WATER TOWER RECOATING PROJECT F. APPROVE THIRD AMENDMENT TO LIQUOR STORE LEASE AT PRAIRIE VILLAGE MALL LOCATION G. APPROVE REVISED JOINT POWERS AGREEMENT WITH I-494 CORRIDOR COMMISSION H. APPROVE PURCHASE OF STORAGE AREA NETWORK FROM XIGENT SOLUTIONS LLC I. AWARD CONTRACT FOR TRENCH DRAIN REPLACEMENT AT FIRE STATION 3 TO FLAG BUILDERS OF MINNESOTA INC. J. DECLARE OBSOLETE ELECTRONIC EQUIPMENT AS SURPLUS K. APPROVE INTERFAITH UNDERSTANDING DAY PROCLAMATION IX. PUBLIC HEARINGS/MEETINGS A. ARBY'S by Arc Vision, Inc. Request for Site Plan Review on 1.14 Acres. Location: 560 Prairie Center Drive. Synopsis: The applicant is proposing interior and exterior remodel of the current Arby's restaurant. The building was built in 1989 and the applicant will be making changes to update the building. The proposed changes include the following: • Change exterior building elevations to a more modern façade. • Resurface and restripe the parking lot. • Add a landscaped island so the parking lot meets City code requirements. • Install a sidewalk connection to Franlo Road. • Update and re-face existing signage. All new signs will need to comply with City Code, Chapter 11.70 and will require separate sign permits. • Add landscaping to replace landscaping that has been removed over the years and not replaced. • Install new order station with canopy. • The rooftop mechanicals visible from Prairie Center Drive will be screened with premanufactured panels. The screening material will be reviewed and approved prior to the issuance of a building permit. ANNOTATED AGENDA November 14, 2017 Page 4 MOTION: Move to: • Close the Public Hearing; and • Direct Staff to Prepare an Amendment to the Developer's Agreement incorporating Staff recommendations and Council conditions. B. FEDEX by Windsor Plaza LLC. Planned Unit Development District Review on 0.24 Acres; Request for Site Plan Review on 0.24 Acres. Location: 11993 Singletree Lane. (Ordinance for PUD District Review) Synopsis: Proposed construction of a 6,336 square foot retail tenant space to complete the north-building pad of the Windsor Plaza building. This newly constructed tenant space will be occupied by Fed Ex, as it is relocating from Flying Cloud Drive and Eden Road due to the LRT project acquisition. MOTION: Move to: • Close the Public Hearing; and • Approve First Reading of the Ordinance for Planned Unit Development District Review on 0.24 Acres; and • Direct Staff to Prepare an Amendment to the Developer's Agreement incorporating Staff recommendations and Council conditions. C. FIRST READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 11 RELATING TO SELF-STORAGE FACILITIES Synopsis: Current City Code does not provide a definition for self-storage facility or list self-storage facility as a permitted use in any specific zoning district. Historically self-storage facilities have been interpreted as similar to a warehouse use and have been permitted in the industrial zoning districts and in one instance, the commercial zoning district. The proposed code amendment by staff is to maintain the highest and best land use in the industrial and commercial districts and provide for land uses consistent with the comprehensive guide plan. As planning for new development and redevelopment opportunities occurs, the City Code will assist in providing consistency and clarity for the development community. Staff recommends that self-storage facilities be added as a permitted use in the Industrial General (I-Gen) zoning district. If approved, the four existing self-storage facilities within the City would become non-conforming and may continue to operate in accordance with the non- conforming provisions of City Code Chapter 11 and State Law. Property owners of the existing self-storage facilities have been notified of the proposed code amendment. ANNOTATED AGENDA November 14, 2017 Page 5 MOTION: Move to: • Close the Public Hearing; and • Approve the first reading of the Ordinance to Amend City Code Section 11.02 and 11.30 defining Self-storage Facilities and allow as a Permitted Use in the Industrial General (I-Gen) Zoning District. D. FIRST READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 11 RELATING TO CONDITIONAL USE PERMITS AND WIRELESS COMMUNICATION SERVICES AND EQUIPMENT Synopsis: In May 2017, the Minnesota State Legislature adopted a state law relating to siting of small wireless telecommunication facilities in public rights-of- way. The new law grants wireless providers the ability to locate their facilities as a permitted use in the right-of-way, except a City may require a conditional use permit(CUP) to install a new support structure(s) in rights-of-way located within single family residential zoning districts. As this is a new provision in state law, the Zoning Ordinance must be amended to align with the new State regulations. City staff worked with the City Attorney to draft the code amendments. MOTION: Move to: • • Close the Public Hearing; and • Approve the First Reading of the Ordinance to Amend City Code Chapter 11 relating to Conditional Use Permits and Wireless Services and Equipment. 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 November 14, 2017 Page 6 E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Move to adjourn the City Council meeting. CITY COUNCIL AGENDA DATE: SECTION: Proclamations/Presentations November 14, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development 2017 Sustainable Eden Prairie Awards IV.A. Janet Jeremiah, Marisa Bayer Requested Action No formal action is requested. Staff will provide background and several Conservation Commissioners and Mayor Tyra-Lukens will present the award to the five recipients. Synopsis The Sustainable Eden Prairie Award recognizes significant and innovative investments that contribute to the overall vitality and sustainability of the community. The four nomination categories reflect the four Sustainable Eden Prairie focus areas — energy, landscape, waste, and water. The eligibility criteria includes property improvements and organized programming or initiatives so that both physical improvements and behavioral changes can be recognized. Staff will provide a background report and introduce the award. Conservation Commission members will introduce the award recipients. The award recipients will be at the meeting to accept the awards. The recipients of the 2017 Sustainable Eden Prairie Award are: • Energy—Eden Prairie Schools • Landscape—Joanne Bartel (9801 Archer Lane) • Waste (Tie)—Early Childhood TerraCycle Recycling Program, Flying Dutchman Spirits • Water—Pioneer Trails Homeowners Association Background This is the first year the Sustainable Eden Prairie Award will be recognized by the City Council. The award program was previously known as the "Spirit of Eden Prairie Awards" and was updated this year in conjunction with the launch of the Sustainable Eden Prairie initiative. In 2015 and 2016, the Spirit of Eden Prairie award program focused on property improvements in single family, multi-family, and commercial/industrial buildings. Staff opened the nomination period from March through the end of August. Every category received multiple nominations. Staff engaged the Conservation Commission in September to review the nominations and provide recommendations. Award recipients will receive a certificate and commemorative plaque or engraved landscape stone of their choosing. Conservation Commission members are: • Amanda Anderson • Anna Anderson • Michael Bennet • Gena Gerard • Daniel Katzenberger • Kate Lohnes • Nate Pischke • Lori Tritz, Chair • Ashley Young, Vice Chair • Beth Novak-Krebs, Staff Liaison CITY COUNCIL AGENDA DATE: SECTION: Proclamations/Presentations November 14, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Fire Presentation of Life Safety Achievement Award IV.B. Synopsis Minnesota State Fire Marshal Bruce West will present the National Association of State Fire Marshals (NASFM) 2016 Life Safety Achievement Award to Eden Prairie Fire Chief George Esbensen and Assistant Chief Becki White. Background Since 1994, the NASFM Life Safety Achievement Award has recognized fire departments for outstanding fire safety statistics and effective fire prevention programs during the preceding calendar year. To qualify, fire departments must record zero fire deaths in residential structures or a 10 percent reduction of fire deaths during 2016. In addition, they must demonstrate a commitment to preventing residential fires in their local communities through effective fire prevention programs. Eden Prairie is being recognized for another year of zero fire deaths, along with the prevention and education programs we have in the City. Eden Prairie Fire Department has earned this award every year since 2012. 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SZ�r.''••c'4: i /fa►�A �� Cyr.eas... .a//a�:a�t. is//.weiea�■ a//anea�a..�.�a.r/iei0 .����'.r/�ieeesgio, aM/eeies°\r.. ..V°eN. u, /`ieea �'i, •lea VeN �'is Pe0 6.�i,• ►eea ait ♦reea ��i 44 lll • a to +1, 4 3 2016 LIFE SAFETY ACHIEVEMENT 4 n41t s. (: .,, AWARD ., )) .41.E Teri%1. .i geil • •"`l�)/ •!iJ tr,�i .�tNiZCI tigli 4-1 : :S7Lyiia'ajrid e� = Ai tiiii4 / :e This certificate is awarded to sett, ►/"•:>�i+' nos.g.4r v ♦ai!irr�Z• a' "t r..�i%ate ttO A' Eden Prairie Fire Department •.,'.: .. iei .+ a r /i r♦ cif 40403i 3y)» For your outstanding efforts on behalf of fire and life safety �{(��( r; i,' Z.,' September 1, 2017 :%• ;' `:•1 .r / 00 parr. ...F,Aa •,/ 10, w ,s:yuaraia o0 ,j1 in ee +v° a 44 � _00�� 1� •7 as ffiptilittt ,4111( elt kr154; ; :iFil)DP:•••4, ter/wra i+t Eg°0 / �\aP _°` )� LARRY JANSEN, President&CEO tr ''l,((((�'3 d9 fe 0:ail BUTCH BROWNING, President °ia�;aA .. a M Ar ea atir° � lam a•'l` C:: Grinnell Mutual Reinsurance Company '..-.. ,,:`ti ..:=.: ((�• . 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Jay Lotthammer, Director State Farm Companies Foundation IV.C. Parks and Recreation Donation on Behalf of Gordon Williams Requested Action Move to: Adopt Resolution Accepting the Donation in the Amount of$500 from State Farm Companies Foundation on behalf of Gordon Williams to be used toward the 2018 Senior Center Volunteer Recognition Event. Synopsis State Farm Companies Foundation's Good Neighbor Grant Program and Matching Gift Program give out monies matching the amount of volunteer hours an individual submits to their volunteer location. Senior Center volunteer, Gordon Williams, submitted volunteer hours to State Farm Companies in the amount that qualified his volunteer service hours for the donation of$500 to be made on his behalf towards the Annual Senior Center Volunteer Recognition Event in April 2018. Background The City's Senior Center provides a wide variety of social, recreational and educational opportunities for adults and seniors, including special events, educational classes,trips and social activities. Gordon Williams serves on the Senior Center Advisory Council. He is also an active Senior Center volunteer and participates in various programs and activities, including trips and special events. Over 50 senior volunteers are recognized each spring at the Annual Senior Center Volunteer Recognition Event for their dedicated time and commitment to Senior Center programs, facilities and services. 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 $500.00 to be used for the Senior Center Volunteer Recognition event at the Eden Prairie Senior Center from State Farm Companies Foundation on behalf of Gordon Williams for his volunteer service at the Eden Prairie Senior Center to is hereby recognized and accepted by the Eden Prairie City Council. ADOPTED by the City Council of the City of Eden Prairie this 14th day of November, 2017. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk ITEM NO. VI. A. UNAPPROVED MINUTES CITY COUNCIL WORKSHOP AND 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, Assistant City Engineer Randy Newton, Communications Manager Joyce Lorenz, Marisa Bayer, Community Development Coordinator, City Attorney Ric Rosow, and Recorder Cynthia Harder GUESTS: Greg Ackerman, Apex Efficiency Solutions, SBC Workshop-Heritage Rooms I and II(5:30) I. SUSTAINABLE EDEN PRAIRIE —SOLAR POWER Mayor Tyra-Lukens called the workshop to order at 5:36 p.m. Getschow introduced Greg Ackerman, of Apex Efficiency Solutions, SBC to present on the Solar Project and noted Apex was a consultant on the City's 20-40-15 Initiative. Solar is a focus area of the Sustainable Eden Prairie initiative and City staff has been working with Apex to look at City's solar power options. Ackerman reviewed the three topics. The first topic was a building connected, rooftop- mounted solar option that would provide energy for the City Center, the Maintenance Facility, and the Water Treatment Plant. This option is load-limited and would provide just over one megawatt of energy. The second topic was a City Solar Garden Project at the Community Center. In this case, the City wouldn't get the benefit but residents would benefit with the opportunity to participate in the Solar Garden. The third topic was an Off-Site Solar Garden Project, which would benefit the City. Ackerman described tentative potential plans for the building connected option at the three City buildings. Ackerman said a third party tax investor model would be used to get a tax credit. The City would purchase renewable energy from the third party instead of purchasing electricity from Xcel Energy. Ackerman said with this model, the City would get the Renewable Energy Credits (RECs). He explained in order for the City to claim solar power usage, the City must be getting RECs. Ackerman explained the power purchase agreement between the City and the third party tax investor would last 20 years and at the end of the contract, the City could either buy the panels at fair-market value or have the tax investor remove them and restore the roof. Ackerman City Council Workshop Minutes October 17, 2017 Page 2 added it would not be advisable to purchase the system. Typically, at the end of the contract the third party tax investor would be willing to sell the system for much cheaper than fair- market value instead of having to remove it. Ackerman said if the City owned the system, it would generate approximately$80,000 in energy annually. Aho asked for the life expectancy of the system. Ackerman said the system is comprised of three categories: the solar panels, aluminum racking, and the inverters. He explained the solar panels last a long time but degrade about one-half percent per year and the aluminum racking will last a long time. Ackerman said the inverters are about five percent of the total system cost and last 20-25 years before needing to be replaced. Ackerman said City staff has done a great job working with Xcel Energy to benefit from their offers and save money on utility bills. For this reason, if solar panels are put on the City Center, Maintenance Facility, and Water Treatment Plant then the City will actually lose money. With this option, Ackerman estimated solar would provide 9.5% of the City Center's electricity, 23% of Maintenance Facility's and 15% of the Water Plant's. Ackerman explained the second option entails Apex partnering with Cooperative Energy Futures to develop and build a Community Solar Garden at the Community Center. In this case, Xcel Eenrgy gets the RECs. He added from the ground, the panels would not be not visible. With this option,the City would receive about$6,000 per year as a site lease but the real benefit would be to residents. Any Eden Prairie resident who is an Xcel Energy customer could enroll at no cost and would save four to five percent on their bill during the first year. Ackerman projected that in the 25th year, subscribers would save about 20 percent on their energy bills. After 25 years, renegotiation would occur. Ackerman explained the third category, an Off-site Solar Garden, as a 25-year contract between the City and a solar garden in an adjacent County. Solar energy would be produced off-site and injected into the grid. There would be no upfront cost to the City and the City would save about $4.9 million over 25 years. Again, Xcel Energy would claim the RECs. Ackerman stated the staff recommendation included solar on City Center's roof, along with a community garden at the Community Center, and an Off-Site Garden subscription. Nelson asked what happens with solar power in an emergency situation. Ackerman said if the grid goes down, the solar must go down as well. He explained if the grid is off everywhere else but the solar system on the building is still producing energy, it could electrocute a lineman working on a line. Chief Esbensen said there are generators at all four fire stations. Tyra-Lukens asked if the landfill has been looked at as a solar garden location. Ackerman said it is a closed landfill. National Parks Conservation Association (NPCA) is working with the US Environmental Protection Agency(EPA)to provide some ability to use the landfill. Getschow said Aspire Eden Prairie 2040 entails future landfill use including solar. Ackerman explained the next step is for Council to authorize staff to enter into agreements. He noted structural tests must be done prior to panel installation. Aho asked how heavy panels are. Ackerman responded panels weigh about five pounds per square foot. City Council Workshop Minutes October 17, 2017 Page 3 Case asked about reroofing requirements if solar systems are on City buildings. Ackerman replied the three recommended buildings have new roofs. In the event unforeseen reroofing is needed, it would add expense to remove and then remount the panels. Ackerman said panels actually protect the roof since it's protected from damaged by stones, hail, and UV rays. Tyra-Lukens said she is in favor of solar and asked why staff didn't take the recommendation further. Getschow said staff focused on keeping each building with a positive cash flow. He added it is possible to scale up. Tyra-Lukens said she prefers doing it all now instead of waiting and potentially facing costs to add more systems. Nelson asked if the entire Maintenance Facility roof could be used as another community solar garden. Ackerman said it would not be big enough for a community solar garden as it wouldn't generate the solar garden limit of a megawatt to be financially viable. Nelson asked how many residents could take advantage of the solar garden at the Community Center. Ackerman said it really depends on how much energy each resident subscribes to. Xcel Energy caps the amount residents can subscribe to at 120% of the average of their last two years usage. Nelson was pleased that a significant amount of residents could take part. Case asked if the City subscribes to the off-site solar garden and does not use rooftop solar at the two buildings projected to result in a negative, would solar still meet 100% of the City's needs. Ackerman said yes; solar would cover all City facilities, streetlights, etc. Aho clarified it would not pay for the City to install solar systems on its own because the City would not get a tax subsidy. Ackerman confirmed the third party tax investor model is most common for Cities because the third party provides the financial incentive and incurs the solar system's depreciation. Nelson clarified the third party tax investor would be legally responsible for maintenance of the system for the full 20 years. Ackerman confirmed the investor is responsible for maintenance and benefits from the system working optimally. Tyra-Lukens asked for clarification on RECs. Ackerman said the City does not get RECs for Xcel Energy's solar gardens. Tyra-Lukens confirmed the City would need to maximize use of building connected solar systems to provide all electricity for City facilities to claim use of solar or renewable energy. Ackerman said that's correct. Getschow thought it is possible to promote the City as being supported by 100% solar energy even with the issue of the RECs. Case asked if any City is producing enough solar power to meet 100% of their needs and claiming all of the RECs. Ackerman said no; many other cities are similarly looking at a combination of building connected and off-site solar garden methods. Tyra-Lukens was enthusiastic about solar options and thanked Ackerman for presenting. Getschow said proper agreements will be brought back to Council. Open Podium - Council Chamber (6:30) II. OPEN PODIUM III. ADJOURNMENT ITEM NO. VI. B. UNAPPROVED MINUTES 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, 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. All Council Members were present. 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 No. 2017-105) Lotthammer said we have received donations totaling $1,250 from the Eden Prairie Crime Fund, the Optimist Club of Eden Prairie, and Veil Orthodontics for the Halloween on the Mall event. He noted each year approximately 8,000 people gather at the Eden Prairie Center for live entertainment and trick-or-treating at the mall merchants. Tyra-Lukens asked if the attendance number of 8,000 was stable. Lotthammer said it is quite stable because the number of those attending is limited to 8,000 by the number of parking stalls available at the shopping center. MOTION: Aho moved, seconded by Butcher Wickstrom, to adopt Resolution No. 2017-105 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. Motion carried 5-0. CITY COUNCIL MINUTES October 17, 2017 Page 2 B. DONATION OF FRUIT TREES FROM HENNEPIN COUNTY Lotthammer said this item does not require a resolution from the City Council,but he wanted to thank the City Council and other participants in the two tree planting events at Pioneer Park and Prairie View School Park. Hennepin County donated twenty-eight fruit trees to the City's Forestry Department. The trees included a variety of apple, pear, apricot and plum trees and were planted with the help of many members of the community, including a third grade class at Prairie View School. He showed slides taken at the two tree plantings and noted fruit harvested from the mature trees will go to PROP and to the Edible Playground Garden program at Prairie View School. He said these trees were part of a total of 150 trees planted throughout the City's park system in 2017. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Getschow said Item VIII.I. should be removed from the agenda. MOTION: Nelson moved, seconded by Case, to approve the agenda as amended. Motion carried 5-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, OCTOBER 3, 2017 MOTION: Butcher Wickstrom moved, seconded by Case, to approve the minutes of the City Council workshop held Tuesday, October 3, 2017. Motion carried 4-0-1, with Aho abstaining. B. CITY COUNCIL MEETING HELD TUESDAY, OCTOBER 3, 2017 MOTION: Nelson moved, seconded by Butcher Wickstrom, to approve the minutes of the City Council meeting held Tuesday, October 3, 2017. Motion carried 4-0-1, with Aho abstaining. 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 Ordinance No. 19-2017-PUD-5-2017 for PUD District Review on 10.06 acres; Resolution No. 2017-106 for Site Plan Review on 10.06 Acres; First Amendment to Development Agreement. C. ADOPT RESOLUTION NO. 2017-107 SUPPORTING GRANT APPLICATION FOR DUCK LAKE ROAD RECONSTRUCTION IMPROVEMENT PROJECT CITY COUNCIL MINUTES October 17, 2017 Page 3 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 BICENTENARY OF THE BIRTH OF BAHA'U'LLAH MOTION: Case moved, seconded by Butcher Wickstrom, to approve Items A-H on the Consent Calendar. Motion carried 5-0. IX. PUBLIC HEARINGS/MEETINGS Getschow said the following two action items will have one public hearing. Each year the City Council holds a public hearing to consider levying the special assessments that have been identified over the previous 12 months. The assessments are mainly related to development in the City. This year, the Council will address UHG's special assessment for improvements to Shady Oak Road as a separate item. There were no comments from the audience. A. 2017 SPECIAL ASSESSMENTS (Resolution No. 2017-108) MOTION: Butcher Wickstrom moved, seconded by Case, to close the public hearing, and to adopt Resolution No. 2017-108 approving the special assessments presented in fall 2017. Motion carried 5-0. B. 2017 UNITED HEALTH GROUP SPECIAL ASSESSMENT (Resolution No. 2017-109) Council Member Case recused himself from the discussion of this special assessment. MOTION: Nelson moved, seconded by Butcher Wickstrom, to adopt Resolution No. 2017-109 approving the United Health Group special assessment presented in fall 2017. Motion carried 4-0-1,with Case abstaining. CITY COUNCIL MINUTES October 17, 2017 Page 4 X. PAYMENT OF CLAIMS MOTION: Case moved, seconded by Butcher Wickstrom, to approve the payment of claims as submitted. Motion was approved on a roll call vote,with Aho,Butcher Wickstrom, Case,Nelson and Tyra-Lukens voting "aye." XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS,AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER C. REPORT OF 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 No. 2017-110) Ellis said staff gave a presentation about the proposed change to the Lower Minnesota River Watershed District(LMRWD)management plan at the last City Council meeting. At that meeting, the Council requested staff come back with a resolution opposed to the proposed changes that could be delivered to the LMRWD before their October 25 public hearing. He said it appears that Eden Prairie's opposition to the proposed change in the definition of a bluff is consistent with letters sent from several other communities, including Bloomington, Chanhassen, Burnsville, Shakopee and others. Staff members will attend the October 25 meeting of the LMRWD. In addition to joining with the other communities in opposition to the change, Case suggested we try to get a greater impact from our actions. He asked what the governing body is over the watershed district. Ellis replied the various counties make appointments to the LMRWD Board, so the counties of Hennepin, Scott, Carver, and possibly others would have appointment power to the watershed board. Case recommended we send copies of the resolution to all those county commissions and also to the governor's office. He thought we should also copy any legislative committees that have power regarding the watershed districts. He asked staff to find out who those committees may be and copy them on the resolution. CITY COUNCIL MINUTES October 17, 2017 Page 5 MOTION: Case moved, seconded by Aho, to adopt Resolution No. 2017- 110 to oppose the Lower Minnesota River Watershed District's proposed changes to the definition of a bluff and bluff setback area. Motion carried 5-0. F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS Getschow said the first Tuesday in November is election day, so the City Council plans to meet on the second Tuesday,November 14. The Council also agreed to meet on December 12, the second Tuesday of December. He noted that means there are just two meetings remaining for the year. XVI. ADJOURNMENT MOTION: Butcher Wickstrom moved, seconded by Nelson,to adjourn the meeting. Motion carried 5-0.Mayor Tyra-Lukens adjourned the meeting at 7:17 p.m. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar November 14, 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. Raffle Organization: International School Parent Association Place: 6385 Beach Road Date: Saturday, December 2, 2017 Gambling (Bingo) Organization: International School Parent Association Place: 6385 Beach Road Date: Friday, January 12, 2018 Temporary Liquor Organization: City of Eden Prairie Event: Wine/Beer Tasting Date: Thursday February 15, 2018 Place: Garden Room 8080 Mitchell Road On-Sale and Sunday Liquor License 2AM Closing Permit- Renewal Leiserv, LLC DBA: Bowlero Eden Prairie (changed from Brunswick Zone XL—Eden Prairie) CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar November 14, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Randy L. Slick Final Plat Report of Bluffs West Fourteenth VIII.B. Public Works/Engineering Addition Requested Action Move to: Adopt the resolution approving the final plat of Bluffs West Fourteenth Addition. Synopsis This proposal is for the plat located at 12300 Riverview Road. The plat consists of 4.46 acres to be platted into two single family lots and one Outlot. The existing homestead will remain on Lot 1. This is a replat of Outlot C, Bluffs West Second Addition. Background Information The preliminary plat was approved by the City Council on May 16, 2017. Second reading of the Rezoning Ordinance and final approval was completed on June 13, 2017. Approval of the final plat is subject to the following conditions: • Prior to the release of the final plat, Cash Park fees shall be paid for Lot 1. The Cash Park fees for Lots 2 and 3 shall be paid at the time of building permit. • Prior to the release of the final plat, Developer shall submit a Conservation Easement for review and approval. • Prior to the release of the final plat, Developer shall provide a draft Private Driveway and Utility Easement and Maintenance Agreement for review and approval. • Prior to the release of the final plat, Developer shall execute an Encroachment Agreement and shall file the Encroachment Agreement in the Hennepin County Registrar of Titles' Office. • Prior to the release for the final plat, Developer shall execute the Special Assessment Agreement for trunk sewer and water in the amount of$31,994.39. • Upon the release of the final plat, the deferred assessments in the amount of$36,697.63 will be activated by the City and shall be collected over a 5 year period. • Prior to the release of the final plat, Developer shall submit a 1"= 200' scale reduction of the final plat. • Satisfaction of bonding requirements for the installation of public improvements. Attachments Resolution Drawing of final plat CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2017- A RESOLUTION APPROVING FINAL PLAT OF BLUFFS WEST FOURTEENTH ADDITION WHEREAS, the plat of Bluffs West Fourteenth Addition has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council: A. Plat approval request for Bluffs West Fourteenth Addition is approved upon compliance with the recommendation of the Final Plat Report on this plat dated November 14, 2017. B. That the City Clerk is hereby directed to supply a certified copy of this resolution to the owners of the subdivision of the above named plat. C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the Eden Prairie City Council on November 14, 2017. Nancy Tyra-Lukens, Mayor ATTEST: SEAL Kathleen Porta, City Clerk I BLUFFS WEST FOURTEENTH ADDITION R.T. DOC. NO. RIM ALL pFAA)6 BY 11 PRESENTS dot Gregory N Hue.and Ken Hinged Huda,/ant tenants,fee°sneer.at the fdlam.g desecr,N property situated in the!'army of Hennepin, Feuer vN_r:hoot✓ data of Minnesota Lo wit. Minor C Meld.st Second',Mi. Nom owed the nano to be miner.and pdtl.as SLUMS WST I-OUNTFENM ADDISON and.hmaby...la to Ne public MT public use Meanie the public recta and den dadantas i _ the comments as Mom ant s prat I Manage and utility pwpoms an sham an this plot. M minebs.hmmf roil Gregor W Hun and Red Hutted INolw.rant tenant;ham Immunlo eel Mci hands Hid WY al Y I MEILR CD M/SSTA0 MELfl, !'r r yr r i,' rr r :rr r ., l_. .. Ely liy STATE OF MIN ESOTA I EM&cr h,,,, I I the tom-gong M.slnrinml mod.0naidedged before me MI d5'of 200 by Gepr W Hudm and Kelli Hest.Hveler.taunt amnnt,. 73T 2T7.58 _err -- se 1 en / n.,na tt-rr.rr Mir0 ,, ._, --met ,.....n....t„r newer mnN a.alo.bn•' __ _.__ _..___...0_!I ._.-� ..... I rr�l pre n..rw o• I ' t -r lI Sol Y Foblk. CWnty.MMnemta h r 1 I l / My C endsion Frpkce ' ' 1 I f Gran W.Meese da Ferny certify Iho1 Ibis plot was prepaed by me m wdm my direct wpedisko;that I en a duly Lkensed Land Sieve,n the Stole of Mnnesolor toot!mo pot o i I rr ,,7�✓ / m correct repranlaban at the bmmducy sweep,that ell mothematkd data and labels me correctly.signaled an this plat,that ell manumends depicted on Nis plot ham ben.,ce will be f nacho sal mlhn one rear,that all.°ter bourn n and wet lery a dalnod n Mnnewla Stabile=Seefkn 10.101.Subd.J,a of Me data of olds mtircotn ore sham and lwdod 2 I i or Mole plat'and all public mops we shorn Mill kMad an this plat. : v. h :el i7r, iII'''.',':(NI r. n C(3 % ', M1 OafM Ihh 1s�ar al r 1 Pg6.h CC I 10 eg o$G.- % I re 4 1/ l^y c Oalg W.Masan land Scree. V+ Mbnesota Liooea No.23021 CIL e' e{.v err• I.. __.__.._ l "1 J ,:e STA7E OF III . -_ _. I ...,..eve>v u..r..v.u-rr / CaATIY 6 n.r I rhos instrument for ern strument. anamwyed bee me tbd_der of .2,--. W.by(Sang Neese, Tit•Ii uv u �'c eel I ..YI -i / f'J•:i rustr.e lmrrlw.. O I OV/LOTA Natmy poetic County, z-I- I M / Y Commission Evphe LDTN MARC MIT®TA I / Ids per of BLUFFS oesr tOURTEENTH ADDITION wee oppamd and accepted by the City Coon.al Eden Rork,Mnnereola at a eel o meeting Inn-eo/held this_day of I 20_, If upplkmle,the Fe-often comments and recmnmardalione of the Commdslaner o/TranyceMInn end the County ebbh.ay Ggneer hem been received by the GO'm Noe meae nud JO day period he doped mlhwt nee.?a/weir comments moo recmmmmeloboes,w pork.by Mnnasota Statute,Section 30102,Srbdiwxn 2. / CITY CLTMO.OFW M MANE Iaa1602,1 c eusmau- ante.,sent..+. CLIry�� � j -„ nl�„V'I By BY m ��. '�,-1e a Maya Manage Y / ,,,I n' / /I RESOD?MO l£X(STATE SIXIIQS Hennepin Comity.Mensal° � . I7 / I hereby ceralfy that toms pa9eeue in20_and pr.news ham been paid to land dese.bed or this plat WIN this Boy of 20_� S/e Menge and Mitt F°scments due Main loner Mark Y.Chose,County Audllm By anrrua„t- I mop ay it -1+ I H-s I I Po,,USLAM,I�HamepM Cwnly,M55(706 The most owlherly,,,,steely here el antler C o I i a Pursuant to MINN.STAT.Sec JHlB,365(1969f ahk plat has been approved thin WY of 20�� BLUFFS PEST SECOND ADORON b asamcd )_. ..1 I_. 111 l0(Seer M00^Jb v1'E ._._ ...._........ &Hs F.Mewr Camay Sorry, fly I o Denote.1/2 men by II inch mbar ch ebe set I (Nat f Scale)1 and meked by Unwise Na 2.1021 DenotesBeing 5 feet in width, I albermse indicated• demo Menument fuser red Lkanse and adjoining lot/Mar.and 10 Met n fend and FE'Q4]RAR OF TTTIES Hennepin County,iiiioneT01. I Na 122/7, adjoining rlghl-al-my lines on Mann an Noe plat. I hereby meg&Mal the nlhn plat of me Med n Ihn a/lice this day al 20 .at a,.__L.. 5'0 0 50 100 ISO ' r Marlin McCormick,B 9Iro al Tinos BY_ .__.____..._.__.._........__. scam In Mel Oryuty Westwood Professional Services,Inc CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar November 14, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: #17-5994 ITEM NO.: Randy Newton Approve Professional Services Agreement with VIII.C. Public Works/Engineering WSB &Associates for Design of Singletree Lane South Streetscape Improvements Requested Action Move to: Approve Professional Services Agreement with WSB &Associates, Inc. for Design of Singletree Lane South Streetscape Improvements. Synopsis This Professional Services Agreement will provide design services for streetscape improvements on the south side of Singletree Lane between Prairie Center Drive and Eden Road. Construction of the improvements in anticipated in either 2018 or 2019. Background Information The Major Center Area Streetscape Master Plan completed in 2009 created a design framework for streetscape improvements within the Eden Prairie's Major Center Area including Singletree Lane. The first phase of the Singletree Lane Streetscape Improvements was constructed in 2010 from Eden Road to Flying Cloud Drive. Design of the improvements on the south side of Singletree Lane between Prairie Center Drive and Eden Road will work within the context of the current Singletree Lane conditions, the previous streetscape improvements and design framework, and lessons learned from previous projects. With this streetscape project, no roadway modifications to Singletree Lane are currently proposed. The proposed improvements are identified in the City's Capital improvement Plan for 2018 or 2019 construction Through the Walmart Development Agreement and Escrow Agreement executed in 2010, Walmart provided a $535,000 escrow for streetscape improvements along Singletree Lane. Per the Escrow Agreement, the streetscape improvements must be complete within 10 years of execution of the agreement. Financial Implications The Professional Services Agreement with WSB has an estimated cost of$80,000. The total cost estimate for the project is approximately$850,000. Primary funding for the project will be from the Walmart escrow. Remaining funding is planned from the Capital Maintenance and Reinvestment Fund and the Economic Development Fund. Attachment Professional Services Agreement 2017 06 01 Agreement for Professional Services This Agreement ("Agreement") is made on the 14 day of November , 20 17 , between the City of Eden Prairie, Minnesota(hereinafter"City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and WSB & Associates, Inc. ("Consultant"), a Minnesota corporation (hereinafter "Consultant") whose business address is 701 Xenia Avenue South, Suite 300, Minneapolis,MN 55415 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_Singletree Lane South Streetscape Improvements hereinafter referred to as the "Work". ti The City and Consultant agree as follows: 1. Scope of Work. The Consultant agrees to provide the professional services shown in Exhibit A ( Proposal Letter dated November 6,2017 ) in connection with the Work. Exhibit A is intended to be the scope of service for the work of the Consultant. Any general or specific conditions,terms, agreements, consultant or industry proposal,or contract terms attached to or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any manner. 2. Term. The term of this Agreement shall be from November 14, 2017 through December 31, 2018 the date of signature by the parties notwithstanding. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated. 3. Compensation for Services. City agrees to pay the Consultant on an hourly basis plus expenses in a total amount not to exceed $ 80,000 for the services as described in Exhibit A. a. Any changes in the scope of the work which may result in an increase to the compensation due the Consultant shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. b. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City. Version 2017 06 01 c. If Consultant is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. 4. City Information. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services: a. Access to the Area. Depending on the nature of the Work, Consultant may from time to time require access to public and private lands or property. As may be necessary, the City shall obtain access to and make all provisions for the Consultant to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work. b. Consideration of the Consultant's Work. The City shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Consultant, and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the Consultant. c. Standards. The City shall furnish the Consultant with a copy of any standard or criteria, including but not limited to, design and construction standards that may be required in the preparation of the Work for the Project. d. City's Representative. A person shall be appointed to act as the City's representative with respect to the work to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the services provided or materials, equipment, elements and systems pertinent to the work covered by this Agreement. 5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an itemized invoice for professional services performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City for: a. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall indicate for each employee, his or her name, job title, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Consultant shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Consultant shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City's project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract. Page 2 of 10 2017 06 01 b. Suspended Work. If any work performed by the Consultant is suspended in whole or in part by the City,the Consultant shall be paid for any services set forth on Exhibit A performed prior to receipt of written notice from the City of such suspension. • c. Payments for Special Consultants. The Consultant shall be reimbursed for the work of special consultants, as described herein, and for other items when authorized in writing by the City. d. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." -_ 6. Project Manager and Staffing. The Consultant shall designated a Project Manager and notify the City in writing of the identity of the Project Manager before starting work on the Project. The Project Manager shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Consultant may not remove or replace the Project Manager without the approval of the City. 7. Standard of Care. Consultant shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Consultant shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Consultant's breach of this standard of care. Consultant shall put forth reasonable efforts to complete its duties in a timely manner. Consultant shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Consultant shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 8. Termination. This Agreement may be terminated by either party by seven (7) days written notice delivered to the other party at the address written above. Upon termination under this provision, if there is no fault of the Consultant, the Consultant shall be paid for services rendered and reimbursable expenses until the effective date of termination. If however, the City terminates the Agreement because the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant, and the City may retain another consultant to undertake or complete the Work identified herein. 9. Subcontractor. The Consultant shall not enter into subcontracts for services provided under this Agreement except as noted in the Scope of Work, without the express written consent of the City. The Consultant shall pay any subcontractor involved in the performance of this Agreement within ten (10) days of the Consultant's receipt of Page 3 of 10 2017 06 01 payment by the City for undisputed services provided by the subcontractor. If the Consultant fails within that time to pay the subcontractor any undisputed amount for which the Consultant has received payment by the City, the Consultant shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Consultant shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Consultant shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 10. Independent Consultant. Consultant is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Agreement, who shall be employees, and under the direction, of Consultant and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Consultant an employee of the City. 11. Insurance. a. General Liability. Prior to starting the Work, Consultant shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Consultant or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. b. Consultant shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker's Compensation Statutory Limits Employer's Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General $1,000,000 property damage‘and bodily Liability injury per occurrence $2,000,000 general aggregate $2,000,000 Products—Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Page 4 of 10 2017 06 01 Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products- completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. d. Professional Liability Insurance. In addition to the coverages listed above, Consultant shall maintain a professional liability insurance policy in the amount of $2,000,000. Said policy need not name the City as an additional insured. It shall be Consultant's responsibility to pay any retention or deductible for the professional liability insurance. Consultant agrees to maintain the professional liability insurance for a minimum of two(2)years following termination of this Agreement. e. Consultant shall maintain "stop gap" coverage if Consultant obtains Workers' Compensation coverage from any state fund if Employer's liability coverage is not available. f. All policies, except the Worker's Compensation Policy, Automobile Policy, and Professional Liability Policy, shall name the "City of Eden Prairie" as an additional insured including products and completed operations. g. All policies, except the Professional Liability Policy, shall apply on a "per project" basis. h. All General Liability policies, Automobile Liability policies and Umbrella policies shall contain a waiver of subrogation in favor of the City. i. All policies, except for the Worker's Compensation Policy and the Professional Liability Policy, shall be primary and non-contributory. • j. All polices, except the Worker's Compensation Policy, shall insure the defense and indemnity obligations assumed by Consultant under this Agreement. The Professional Liability policy shall insure the defense and indemnity obligations assumed by Consultant under this Agreement except with respect to the liability for loss or damage resulting from the negligence or fault of anyone other than the Consultant or others for whom the Consultant is legally liable. Page 5 of 10 2017 06 01 k. Consultant agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City's written acceptance of the Work. I. It shall be Consultant's responsibility to pay any retention or deductible for the coverages required herein. m. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days' prior notice to the City, except that if the cancellation or non-renewal is due to non-payment, the coverages may not be terminated or non- renewed without ten(10)days' prior notice to the City. n. Consultant shall maintain in effect all insurance coverages required under this Paragraph at Consultant's sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. o. A copy of the Consultant's Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Consultant's Work. Upon request a copy of the Consultant's insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Consultant has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Consultant of any deficiencies in such documents and • receipt thereof shall not relieve Consultant from, nor be deemed a waiver of, City's right to enforce the terms of Consultant's obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. p. Effect of Consultant's Failure to Provide Insurance. If Consultant fails to provide the specified insurance, then Consultant will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence)and regardless of the extent to which the underlying occurrence(i.e.,the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that this indemnity shall be construed and applied in favor of indemnification. Consultant also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with Page 6of10 2017 06 01 that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Consultant to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation;or ii. Furnish a written acceptance of tender of defense and indemnity from Consultant's insurance company. Consultant will take the action required by the City within fifteen(15) days of receiving notice from the City. 12. Indemnification. Consultant will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney's fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Consultant, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Consultant, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Consultant harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 13. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement ("Information") shall become the property of the City, but Consultant may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and f the Consultant also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Agreement ("Project") does not relieve any liability on the part of the Consultant, but any use of the Information by the City or the Consultant beyond the scope of the Project is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 14. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated Page 7 of 10 2017 06 01 settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. GENERAL TERMS AND CONDITIONS 15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 16. Compliance with Laws and Regulations. In providing services hereunder, the Consultant shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 17. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. 18. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. 19. Damages. In the event of a breach of this Agreement by the City,Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 20. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to termination of this Agreement and for one (1) year thereafter, without prior written consent of the former employer in each case. 21. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Agreement or thereafter of any of the rights or remedies of the City under this Agreement. 22. Entire Agreement, Construction, Application and Interpretation. This Agreement is in furtherance of the City's public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. Page 8of10 2017 06 01 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Non-Discrimination. During the performance of this Agreement, the Consultant shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Consultant shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Consultant shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Consultant further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964,and the Americans with Disabilities Act of 1990. 25. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Agreement if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 26. Rights and Remedies. The duties and obligations imposed by this Agreement and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties,obligations, rights and remedies otherwise imposed or available by law. 27. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City. 28. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 29. Statutory Provisions. a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the Consultant or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six(6)years after the effective date of this Agreement. Page 9 of 10 2017 06 01 b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Consultant under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. This Agreement is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Consultant in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the Data Practice Act and Consultant shall comply with those requirements as if it were a government entity. All subcontracts entered into by Consultant in relation to this Agreement shall contain similar Data Practices Act compliance language. 30. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect,the validity of the remainder of this Agreement. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager CONSULTANT der B . . L. 0.444 Its: �g I"M idgetiP PriA0Altee Page 10 of 10 2017 06 01 ■ WSB 701 Xenia Avenue South I Suite 300 I Minneapolis, MN 55416 I (763)541-4800 November 6, 2017 Mr. Randy Newton Assistant City Engineer/Traffic Engineer City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Re: Proposal for Landscape Architectural and associated Professional Services for Singletree Lane Streetscape South Improvements Dear Mr. Newton: On behalf of WSB, I thank you for the opportunity to submit a proposal for this exciting streetscape project. We understand this project scope involves the following range of services: topographic survey, streetscape and landscape design, community and stakeholder engagement, lighting design, irrigation design, bidding assistance, and permitting services necessary to redevelop the southern side of Singletree Lane between Eden Lane and Prairie Center Drive based on the master planning work completed in 2009. The City's established available budget for this project is estimated at $850,000 including design and construction (excluding potential additional stormwater funding). It is understood that this is an available budget, not an estimated value of the work for the streetscape works. We confirmed our understanding as follows with City staff: • Consideration will be given to the project within its context, connectivity to the future LRT station, ADA compliant connectivity for pedestrians across and along Singletree Lane, impact of these connections on the median design, City standard branding, entry elements and features, wayfinding, lighting, furniture and signage standards, and robust tree species selection. • The streetscape vision should consider any potential future changes to the road layout to avoid abortive work and ensure the landscape is salvageable and designed to last. • Anticipate issues and incorporate lessons learned from preceding works within the community to mitigate potential risks to the project, allow the City to lead stakeholder and community engagement with assistance from WSB and consider design opportunities that would allow the project to capitalize on potential stormwater funding opportunities. WSB is committed to a collaborative project process and looks forward to the opportunity to work with the City of Eden Prairie on this project. WSB has included Irrigation Designer— MLC, a specialty sub- consultant, within our scope and fee for this project. BASE SCOPE OF SERVICES 1. Project Initiation: The meeting will clarify any unresolved issues or changes to the scope of the project; confirm key individuals, lines of communication, staff members, and roles and responsibilities; who will be involved in the project or have information that will affect the project; and generally review and discussion about the issues and concerns related to this project. 2. Topographic survey: WSB will collect field data and prepare base mapping necessary to create the construction documents for this project. a. Feature Survey limits will extend to encompass the Singletree Lane project area to determine a valid design. b. Work does not include boundary survey, staking of soil borings, or wetland delineation boundaries. Building a legacy—your legacy. Equal Opportunity Employer I wsbeng.com Mr. Randy Newton November 6, 2017 Page 2 3. Concept Design Phase (30 percent): WSB will review the current Major Center Area Streetscape Masterplan and develop two to three concepts which will be presented for discussion along with an opinion of probable costs. A single approved concept will be selected for further development. The concept plan will be developed according to the previous study for the entire project corridor. If necessary, we will collaborate with the City and make minor refinements to better respond to most recent needs and to feedback. We will consider the potential future connections to the LRT and how that may impact this project. a. Social Pinpoint/Online Engagement Tool: During Concept Design Phase of the project, WSB will establish Social Pinpoint, an online engagement tool, that will allow the public and other stakeholders to contribute their thoughts and ideas as well as provide feedback on design proposals. b. Photoshop/Visualizations for communicating Concepts: WSB will develop up to three images that could be used to communicate the concept design to the stakeholders and broader community. These images could be hosted on Social Pinpoint, the City's website, or graphically packaged and emailed to interested parties. 4. Design Development(60 percent): Design elements will include trail/footpath, planter boxes, tree grates, seating areas/benches, street furniture, street/pedestrian, lighting, banners poles/branding, irrigation, trees, shrubs, biofiltration/stormwater treatment(if required), sod/turf, driveway and pedestrian crossing enhancements (ADA compliance), street signs, and wayfinding in accordance with city standards. This phase shall include the preparation of explanatory text, plans, photos, product info, and other drawings or visualizations necessary to describe the design, materials, colors, and textures in sufficient detail to convey the appearance and function of the improvements. We will review and use the appropriate design standards for the listed facilities and prepare design development drawings. The drawings will include refined site facility layout, grading, removals plans, site amenities, and details as required. Outline specifications, including general and technical sections, will be prepared. A draft materials list will be prepared and used to estimate construction costs. An estimate of the construction costs will be refined based on these documents. From this estimate the City shall determine which of the improvements shall be included in the final phase of design, 5. Construction Documents: Once the design options are selected, WSB will prepare final Construction Documents for the approved improvements. A review and final cost estimate will be scheduled at during this phase (95 percent) prior to finalizing the bid package These documents shall include plans, details, and specifications in sufficient detail for the City to pursue competitive bids for the construction of the improvements. South Side of Singletree Lane a. Construction Plans i. Title Sheet ii. Site Removals Plan iii. Site Layout Plan iv. Site Grading Plan • Soil borings (provided by City— if available)will be used to ensure there is sufficient good material for hard surfaced areas and topsoil for green common spaces and for structural design aspects. • Erosion control and site SWPPP plans (as necessary) Mr. Randy Newton November 6, 2017 Page 3 • Onsite soils are assumed to be free of hazardous and deleterious materials. • Spot elevations for key finished grade elements • ADA grading design of trails, sidewalks, and other site facilities as appropriate. v. Pavement Designs and Typical Details. vi. Retaining walls and fencing details. vii. Street furnishings. viii. Miscellaneous Site Construction Details. b. Prepare Technical Specifications. c. Prepare Final Cost Estimate. d. Irrigation i. Irrigation water source and control currently exist at this site. The new irrigation zones will be designed for incorporation into the current system. ii. City will provide existing as-builts for current irrigation system. iii. New zones may include turf areas, planting areas, heads, piping, etc. e. Electrical i. Lighting and power design for Singletree Lane. ii. Electric service currently exists along the roadway. 6. Permits: a. An NPDES Phase II stormwater permit will be prepared and submitted at 95 percent plan completion and assumes erosion control plan, SWPPP, and required erosion and sediment control details. b. Watershed district permit preparation and coordination is anticipated and included in this proposal. 7. Bidding Assistance WSB will provide services for bidding assistance including the following: a. Advertisement for bids (publication fee(s)will be billed as an additional expense) b. Coordinate online plan set availability to Contractors c. Collect and respond to questions from prospective bidders d. Issue addenda as necessary e. Attend the bid opening f. Prepare tabulation of bids g. Prepare letter of recommendation for contract award 8. Deliverables: a. Two to three Concept Designs in digital and paper format, with an opinion of probable costs and indicative materials and plant species selections. b. One complete paper and digital set of plans, specifications and final estimate of probable construction costs at 30 percent, 60 percent, and 100 percent final completion. c. Addenda during bidding d. Bid tabulation e. Letter of recommendation to award contract 9. Meetings to be held at the Client's office: a. One Project Startup/ Kickoff Meeting b. Two Concept Design meetings (30 percent) c. One Design Development package review meeting (60 percent) d. One Construction Document review meeting (95 percent) e. One Public Meeting f. Monthly meetings or teleconferences to coincide with the above tasks (maximum six)and weekly updates by phone and email. Mr. Randy Newton November 6, 2017 Page 4 FEES FOR PROFESSIONAL SERVICES Fees for the services outlined in the proposal above will billed on an hourly basis with an estimated total fee of$77,804.00. The following breakdown is an estimate of the various components of this work. Topographic/ Feature Survey $6,500.00 Concept Design $14,625.00 Social Pinpoint $1,980.00 Visualizations $1,824.00 Stormwater, Watershed Permits and Approvals $3,500.00 Design Development $20,000.00 Contract Documentation $25,650.00 Bidding Assistance $850.00 MLC Irrigation design (sub-consultant) $2,875.00 TOTAL ESTIMATED FEE $77,804.00 OPTIONAL ADDITIONAL SERVICES A. Stakeholder Meetings: $944.00 While the City has indicated they will manage all stakeholder engagement, If the City requires WSB staff to attend, assist or facilitate stakeholder meetings, a per meeting fee of$944.00 would apply to any meetings beyond those outlined in the scope. REIMBURSABLE EXPENSES The anticipated reimbursable expenses that will be billed in addition to consulting fees are: • Permit fees or application fees • Advertisement for bids • Sub-consultant mileage and printing • Courier or delivery costs Thank you again. Please contact me at 763-231-4841 if you have any questions regarding this proposal. Sincerely, WSB &Associates, Inc. -r Jason L. mberg, RLA Landscape Architecture Group Manager CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar November 14, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: #17-5995 ITEM NO.: Randy Newton Approve Professional Services Agreement with VIII.D. Public Works/Engineering WSB &Associates for Design of Singletree Lane North Streetscape Improvements Requested Action Move to: Approve Professional Services Agreement with WSB &Associates, Inc. for Design of Singletree Lane North Streetscape Improvements. Synopsis This Professional Services Agreement will provide design services for streetscape improvements on the north side of Singletree Lane between Prairie Center Drive and Eden Road. There is no definitive schedule for construction of the improvements at this time. Background Information The Major Center Area Streetscape Master Plan completed in 2009 created a design framework for streetscape improvements within the Eden Prairie's Major Center Area including Singletree Lane. The first phase of the Singletree Lane Streetscape Improvements,between Eden Road to Flying Cloud Drive, was constructed in 2010. The proposed streetscape improvements on the north side of Singletree Lane between Prairie Center Drive and Eden Road will be designed concurrent and compatible with streetscape improvement on the south side of Singletree Lane. However, the north side improvements will be designed and implemented as a separate project from the south side improvements. The specific scope and timing of the improvements on the north side is dependent on funding availability with the priority being the upgrade of street lighting to match the Phase I Singletree Lane improvements. With this streetscape project, no roadway modifications to Singletree Lane are currently proposed. Financial Implications The Professional Services Agreement with WSB has an estimated cost of$32,000. The total cost estimate for the project is approximately$300,000. Funding for the project is anticipated to be from the Capital Maintenance and Reinvestment Fund and the Economic Development Fund. Attachment Professional Services Agreement 2017 06 01 Agreement for Professional Services This Agreement ("Agreement") is made on the 14 day of November , 20 17 , between the City of Eden Prairie, Minnesota(hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and WSB & Associates, Inc. ("Consultant"), a Minnesota corporation (hereinafter "Consultant") whose business address is 701 Xenia Avenue South, Suite 300, Minneapolis, MN 55415 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 Singletree Lane North Streetscape 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 ( Proposal Letter dated November 6, 2017 ) in connection with the Work. Exhibit A is intended to be the scope of service for the work of the Consultant. Any general or specific conditions,terms, agreements, consultant or industry proposal, or contract terms attached to or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any manner. 2. Term. The term of this Agreement shall be from November 14, 2017 through December 31, 2018 the date of signature by the parties notwithstanding. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated. 3. Compensation for Services. City agrees to pay the Consultant on an hourly basis plus expenses in a total amount not to exceed $ 32,000 for the services as described in Exhibit A. a. Any changes in the scope of the work which may result in an increase to the compensation due the Consultant shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. b. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City. Version 2017 06 01 c. If Consultant is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Consultant will be entitled to payment for its reasonable additional charges, if r' 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 2of10 2017 06 01 b. Suspended Work. If any work performed by the Consultant is suspended in whole or in part by the City, the Consultant shall be paid for any services set forth on Exhibit A performed prior to receipt of written notice from the City of such suspension. c. Payments for Special Consultants. The Consultant shall be reimbursed for the work of special consultants, as described herein, and for other items when authorized in writing by the City. d. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." 6. Project Manager and Staffing. The Consultant shall designated a Project Manager and notify the City in writing of the identity of the Project Manager before starting work on the Project. The Project Manager shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Consultant may not remove or replace the Project Manager without the approval of the City. 7. Standard of Care. Consultant shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Consultant shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Consultant's breach of this standard of care. Consultant shall put forth reasonable efforts to complete its duties in a timely manner. Consultant shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Consultant shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 8. Termination. This Agreement may be terminated by either party by seven (7) days written notice delivered to the other party at the address written above. Upon termination under this provision, if there is no fault of the Consultant, the Consultant shall be paid for services rendered and reimbursable expenses until the effective date of termination. If however, the City terminates the Agreement because the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant, and the City may retain another consultant to undertake or complete the Work identified herein. 9. Subcontractor. The Consultant shall not enter into subcontracts for services provided under this Agreement except as noted in the Scope of Work, without the express written consent of the City. The Consultant shall pay any subcontractor involved in the performance of this Agreement within ten (10) days of the Consultant's receipt of Page 3 of 10 2017 06 01 payment by the City for undisputed services provided by the subcontractor. If the Consultant fails within that time to pay the subcontractor any undisputed amount for which the Consultant has received payment by the City, the Consultant shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Consultant shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Consultant shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 10. Independent Consultant. Consultant is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Agreement, who shall be employees, and under the direction, of Consultant and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Consultant an employee of the City. 11. Insurance. a. General Liability. Prior to starting the Work, Consultant shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Consultant or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph,or required by law. b. Consultant shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker's Compensation Statutory Limits Employer's Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General $1,000,000 property damage and bodily Liability injury per occurrence $2,000,000 general aggregate $2,000,000 Products—Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Page 4 of 10 2017 06 01 Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products- completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. d. Professional Liability Insurance. In addition to the coverages listed above, Consultant shall maintain a professional liability insurance policy in the amount of $2,000,000. Said policy need not name the City as an additional insured. It shall be Consultant's responsibility to pay any retention or deductible for the professional liability insurance. Consultant agrees to maintain the professional liability insurance for a minimum of two (2)years following termination of this Agreement. e. Consultant shall maintain "stop gap" coverage if Consultant obtains Workers' Compensation coverage from any state fund if Employer's liability coverage is not available. f. All policies, except the Worker's Compensation Policy, Automobile Policy, and Professional Liability Policy, shall name the "City of Eden Prairie" as an additional insured including products and completed operations. g. All policies, except the Professional Liability Policy, shall apply on a "per project" basis. h. All General Liability policies, Automobile Liability policies and Umbrella policies shall contain a waiver of subrogation in favor of the City. i. All policies, except for the Worker's Compensation Policy and the Professional Liability Policy,shall be primary and non-contributory. j. All polices, except the Worker's Compensation Policy, shall insure the defense and indemnity obligations assumed by Consultant under this Agreement. The Professional Liability policy shall insure the defense and indemnity obligations assumed by Consultant under this Agreement except with respect to the liability for loss or damage resulting from the negligence or fault of anyone other than the Consultant or others for whom the Consultant is legally liable. Page 5 of 10 2017 06 01 k. Consultant agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City's written acceptance of the Work. 1. It shall be Consultant's responsibility to pay any retention or deductible for the coverages required herein. m. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days' prior notice to the City, except that if the cancellation or non-renewal is due to non-payment, the coverages may not be terminated or non- renewed without ten (10)days' prior notice to the City. n. Consultant shall maintain in effect all insurance coverages required under this Paragraph at Consultant's sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. o. A copy of the Consultant's Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Consultant's Work. Upon request a copy of the Consultant's insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Consultant has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Consultant of any deficiencies in such documents and receipt thereof shall not relieve Consultant from, nor be deemed a waiver of, City's right to enforce the terms of Consultant's obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. p. Effect of Consultant's Failure to Provide Insurance. If Consultant fails to provide the specified insurance, then Consultant will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and 'expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence(i.e.,the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that this indemnity shall be construed and applied in favor of indemnification. Consultant also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with Page 6 of 10 2017 06 01 that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Consultant to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation;or ii. Furnish a written acceptance of tender of defense and indemnity from Consultant's insurance company. Consultant will take the action required by the City within fifteen(15)days of receiving notice from the City. 12. Indemnification. Consultant will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney's fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Consultant, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Consultant, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Consultant harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers,agents or employees. 13. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement ("Information") shall become the property of the City, but Consultant may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Consultant also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Agreement ("Project") does not relieve any liability on the part of the Consultant, but any use of the Information by the City or the Consultant beyond the scope of the Project is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 14. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated Page 7 of 10 2017 06 01 settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. GENERAL TERMS AND CONDITIONS 15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 16. Compliance with Laws and Regulations. In providing services hereunder, the Consultant shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 17. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. 18. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. 19. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 20. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to termination of this Agreement and for one (1) year thereafter, without prior written consent of the former employer in each case. 21. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Agreement or thereafter of any of the rights or remedies of the City under this Agreement. 22. Entire Agreement, Construction, Application and Interpretation. This Agreement is in furtherance of the City's public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. Page 8 of 10 2017 06 01 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Non-Discrimination. During the performance of this Agreement, the Consultant shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Consultant shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Consultant shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Consultant further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 25. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Agreement if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 26. Rights and Remedies. The duties and obligations imposed by this Agreement and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 27. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City. 28. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 29. Statutory Provisions. a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the Consultant or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six(6)years after the effective date of this Agreement. Page 9 of 10 2017 06 01 b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Consultant under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. This Agreement is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Consultant in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the Data Practice Act and Consultant shall comply with those requirements as if it were a government entity. All subcontracts entered into by Consultant in relation to this Agreement shall contain similar Data Practices Act compliance language. 30. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect,the validity of the remainder of this Agreement. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager CONSULTANT AscivkjL , Its: lob,. Per GPacaWIaLcitati. Page 10of10 20170601 ■ WSB 701 Xenia Avenue South I Suite 300 I Minneapolis, MN 55416 I (763)541-4800 November 6, 2017 Mr. Randy Newton Assistant City Engineer/Traffic Engineer City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Re: Proposal for Landscape Architectural and associated Professional Services for Singletree Lane North Streetscape Improvements Dear Mr. Newton: On behalf of WSB, I thank you for the opportunity to submit a proposal for this exciting project. We understand this project involves the following range of services: lighting design, stakeholder liaison, ADA compliance design, bidding assistance, and permitting services necessary to redevelop the northern side of Singletree Lane based on the master planning work completed in 2009 and to aesthetically coordinate with the streetscape works on the southern side of Singletree Lane. The City's available budget for this project will be determined after the completion of the south side streetscape improvements. It is understood that the total budget is $300,000 including design and construction. It is understood that this is not an estimated value of the work for the works, but a maximum budget pool. Subject to the outcome of the south side streetscape project, the scope of works for the north side may vary, but at a very minimum will include lighting improvements from Eden Lane to Prairie Center Drive. We assumed that the Design Development Phase will be based on the 30 percent design concept developed during the Southern Streetscape Improvements design process, and is not part of this contract. BASE SCOPE OF SERVICES 1. Project Initiation: The project initiation meeting will clarify any unresolved issues or changes to the scope of the project; confirm key individuals, lines of communication, staff members, roles and responsibilities who will be involved in the project or have information that will affect the project; and general review and discussion about the issues and concerns related to this project. 2. Concept Design Phase (30 percent): WSB will review the current Major Center Area Streetscape Masterplan and develop up to two concepts which will be presented for discussion along with an opinion of probable costs. A single approved concept will be selected for further development. The concept plan will be developed according to the previous study for the entire project corridor. If necessary, we will collaborate with the City and make minor refinements to better respond to most recent needs and to feedback. We will consider the potential future connections to the LRT and how that may impact this project. 3. Design Development(60percent): This phase shall include the development of up to two variations on the concept design and preparing explanatory text, plans, photos, product information, and other drawings or visualizations necessary to describe the design, materials, colors, textures in sufficient detail to convey the appearance and function of the improvements. Up to two concepts will be presented along with an opinion of probable costs for each for discussion and a single concept will be selected for further development. We will review the selected concept and use the appropriate design standards for the listed facilities and prepare design development drawings. The drawings will include lighting layout, removals plans and details as required. Outline specifications, including general and technical Building a legacy—your legacy. Equal Opportunity Employer I wsbeng.com Mr. Randy Newton November 6, 2017 Page 2 sections, will be prepared. outline draft materials list will be prepared and used to estimate construction costs. An estimate of the construction costs will be developed refined based on the preferred concept and documents (60 percent). From this estimate the City shall determine which of the improvements shall be included in the final phase of design. 4. Construction Documents: Once the design options are , WSB will prepare final Construction Documents for the approved improvements. A review and final cost estimate will be scheduled at during this phase (95 percent) prior to finalizing the bid package. These documents shall include plans, details, and specifications in sufficient detail for the City to pursue competitive bids for the construction of the improvements. North Side of Singletree Lane a. Construction Plans including: i. Title Sheet ii. Site Removals Plan iii. Site Layout Plan • ADA compliant pedestrian crossings to tie in to the south side of Singletree Lane. iv. Typical Details v. Miscellaneous Site Construction Details b. Prepare Technical Specifications. c. Prepare Final Cost Estimate. d. Electrical: i. Lighting and power design for Singletree Lane. ii. Electric service currently exists along the roadway. 5. Permits: a. An NPDES Phase II stormwater permit submittal, erosion control plan, SWPPP, and erosion and sediment control details coordination are anticipated to be required and are included in this proposal. b. Watershed district permit preparation and coordination is anticipated and included in this proposal. 6. Bidding Assistance WSB will provide services for bidding assistance including the following: a. Advertisement for bids (publication fee(s)will be billed as an expense) b. Coordinate online plan set availability to Contractors c. Collect and respond to questions from prospective bidders d. Issue addenda as necessary e. Attend the bid opening f. Prepare tabulation of bids g. Prepare letter of recommendation for contract award 7. Deliverables: a. Up to two Concept Designs in digital and paper format, with an opinion of probable costs and indicative materials. b. One complete paper and digital set of plans, specifications and final estimate of probable construction costs at 60 percent, 95 percent, and 100 percent final completion. c. Addenda during bidding d. Bid tabulation e. Letter of recommendation to award contract 8. Meetings to be held at the Client's office: a. One Project Startup/ Kickoff Meeting Mr. Randy Newton November 6, 2017 Page 3 b. One Concept Design meetings (30 percent) c. One Design Development package review meeting (60 percent) d. One Construction Document review meeting (95 percent) e. One Public Meeting f. Monthly meetings or teleconferences to coincide with the above tasks (maximum five) and weekly updates by phone and email. FEES FOR PROFESSIONAL SERVICES Fees for the services outlined in the proposal above will billed on an hourly basis with an estimated total fee of$29,500.00. The following breakdown is an estimate of the various components of this work. Design Development $3,500.00 Design Development $10,000.00 Contract Documentation $11,650.00 Bidding Assistance $850.00 Stormwater, Watershed Permits and Approvals $3,500.00 TOTAL ESTIMATED FEE $29,500.00 OPTIONAL ADDITIONAL SERVICES A. Stakeholder Meetings: $944.00 While the City has indicated they will manage all stakeholder engagement, If the City requires WSB staff to attend, assist or facilitate stakeholder meetings, a per meeting fee of$944.00 would apply to any meetings beyond those outlined in the scope REIMBURSABLE EXPENSES The anticipated reimbursable expenses that will be billed in addition to consulting fees are: • Permit fees or application fees • Advertisement for bids • Courier or delivery costs Thank you again. Please contact me at 763-231-4841 if you have any questions regarding this proposal. Sincerely, WSB &Associates, Inc. Jason L. mberg, RLA -- Landscape Architecture Group Manager CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda November 14, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Rick Wahlen Approve Professional Services Agreement with VIII.E. Public Works/UtilitiesBadger State Inspections, LLC for Engineering and Inspection Services of the Hidden Ponds Water Tower Recoating Project Requested Action Move to: Approve Professional Services Agreement with Badger State Inspections, LLC for Preparing Plans and Specifications, Project Administration, Engineering, and Inspection Services for the Sandblasting and Recoating of the Hidden Ponds Water Tower at 7401 Dell Road. Synopsis Eden Prairie Utilities reviewed qualifications from KLM Engineering, Kollmer Consulting, WSB Engineering, and Bolton and Menk Engineering for consulting services for all three of Eden Prairie's water tower recoating projects, including the Baker Road reservoir and the Town Center water tower completed in previous years. The evaluation of the firms' performance for these projects was based on statements of qualifications, reviews of similarly sized jobs performed by the consultants, interviews with prior customers, and past experience working with the City of Eden Prairie. The attached professional services agreement provides for design, bidding, construction, inspection, and post construction engineering services for the last of the three water tower recoating projects at a cost not to exceed$117,165.00. Background Information Eden Prairie's Hidden Ponds (Dell Road) water tower was constructed in 1981 and was repainted in two separate years, 1995 and 1997. The project is estimated to cost over 1.5 million dollars and is best observed and inspected by a consulting firm specializing in water supply tank restoration. This project was identified in the utility's capital improvement plan/budget and will be paid from the Water Utility Fund. Attachments Contract(Professional Services Agreement with BSI, LLC.) Exhibit"A" (Scope of Work) 2017 06 01 Agreement for Professional Services This Agreement ("Agreement") is made on the 14th day of November_, 2017, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and _Badger State Inspections, LLC._ ("Consultant"), a Minnesota corporation (hereinafter "Consultant") whose business address is _P.O. Box 157, Osseo, Wisconsin 54758 . 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_Engineering and Inspection Services for the Recoating of the Hidden Ponds (Dell Road)Water Tower_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 ( Scope of Work ) 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 _November 14, 2017_through _December 31, 2020_ 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 $ 117,165 for the services as described in Exhibit A. a. Any changes in the scope of the work which may result in an increase to the compensation due the Consultant shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. b. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City. Version 2017 06 01 c. If Consultant is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. 4. City Information. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services: a. Access to the Area. Depending on the nature of the Work, Consultant may from time to time require access to public and private lands or property. As may be necessary, the City shall obtain access to and make all provisions for the Consultant to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work. b. Consideration of the Consultant's Work. The City shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Consultant, and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the Consultant. c. Standards. The City shall furnish the Consultant with a copy of any standard or criteria, including but not limited to, design and construction standards that may be required in the preparation of the Work for the Project. d. City's Representative. A person shall be appointed to act as the City's representative with respect to the work to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the services provided or materials, equipment, elements and systems pertinent to the work covered by this Agreement. 5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an itemized invoice for professional services performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City for: a. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall indicate for each employee, his or her name, job title, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Consultant shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Consultant shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City's project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract. Page 2 of 10 2017 06 01 b. Suspended Work. If any work performed by the Consultant is suspended in whole or in part by the City, the Consultant shall be paid for any services set forth on Exhibit A performed prior to receipt of written notice from the City of such suspension. c. Payments for Special Consultants. The Consultant shall be reimbursed for the work of special consultants, as described herein, and for other items when authorized in writing by the City. d. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." 6. Project Manager and Staffing. The Consultant shall designated a Project Manager and notify the City in writing of the identity of the Project Manager before starting work on the Project. The Project Manager shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Consultant may not remove or replace the Project Manager without the approval of the City. 7. Standard of Care. Consultant shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Consultant shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Consultant's breach of this standard of care. Consultant shall put forth reasonable efforts to complete its duties in a timely manner. Consultant shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Consultant shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 8. Termination. This Agreement may be terminated by either party by seven (7) days written notice delivered to the other party at the address written above. Upon termination under this provision, if there is no fault of the Consultant, the Consultant shall be paid for services rendered and reimbursable expenses until the effective date of termination. If however, the City terminates the Agreement because the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant, and the City may retain another consultant to undertake or complete the Work identified herein. 9. Subcontractor. The Consultant shall not enter into subcontracts for services provided under this Agreement except as noted in the Scope of Work, without the express written consent of the City. The Consultant shall pay any subcontractor involved in the performance of this Agreement within ten (10) days of the Consultant's receipt of Page 3 of 10 2017 06 01 payment by the City for undisputed services provided by the subcontractor. If the Consultant fails within that time to pay the subcontractor any undisputed amount for which the Consultant has received payment by the City, the Consultant shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Consultant shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Consultant shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 10. Independent Consultant. Consultant is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Agreement, who shall be employees, and under the direction, of Consultant and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Consultant an employee of the City. 11. Insurance. a. General Liability. Prior to starting the Work, Consultant shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Consultant or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. b. Consultant shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker's Compensation Statutory Limits Employer's Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General $1,000,000 property damage and bodily Liability injury per occurrence $2,000,000 general aggregate $2,000,000 Products—Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Page 4 of 10 2017 06 01 Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products- completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. d. Professional Liability Insurance. In addition to the coverages listed above, Consultant shall maintain a professional liability insurance policy in the amount of $2,000,000. Said policy need not name the City as an additional insured. It shall be Consultant's responsibility to pay any retention or deductible for the professional liability insurance. Consultant agrees to maintain the professional liability insurance for a minimum of two (2) years following termination of this Agreement. e. Consultant shall maintain "stop gap" coverage if Consultant obtains Workers' Compensation coverage from any state fund if Employer's liability coverage is not available. f. All policies, except the Worker's Compensation Policy, Automobile Policy, and Professional Liability Policy, shall name the "City of Eden Prairie" as an additional insured including products and completed operations. g. All policies, except the Professional Liability Policy, shall apply on a "per project" basis. h. All General Liability policies, Automobile Liability policies and Umbrella policies shall contain a waiver of subrogation in favor of the City. i. All policies, except for the Worker's Compensation Policy and the Professional Liability Policy, shall be primary and non-contributory. j. All polices, except the Worker's Compensation Policy, shall insure the defense and indemnity obligations assumed by Consultant under this Agreement. The Professional Liability policy shall insure the defense and indemnity obligations assumed by Consultant under this Agreement except with respect to the liability for loss or damage resulting from the negligence or fault of anyone other than the Consultant or others for whom the Consultant is legally liable. Page 5 of 10 2017 06 01 k. Consultant agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City's written acceptance of the Work. 1. It shall be Consultant's responsibility to pay any retention or deductible for the coverages required herein. m. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days' prior notice to the City, except that if the cancellation or non-renewal is due to non-payment, the coverages may not be terminated or non- renewed without ten (10) days' prior notice to the City. n. Consultant shall maintain in effect all insurance coverages required under this Paragraph at Consultant's sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-,unless specifically accepted by City in writing. o. A copy of the Consultant's Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Consultant's Work. Upon request a copy of the Consultant's insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Consultant has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Consultant of any deficiencies in such documents and receipt thereof shall not relieve Consultant from, nor be deemed a waiver of, City's right to enforce the terms of Consultant's obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. p. Effect of Consultant's Failure to Provide Insurance. If Consultant fails to provide the specified insurance, then Consultant will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City(including sole negligence) and regardless of the extent to which the underlying occurrence (i.e.,the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that this indemnity shall be construed and applied in favor of indemnification. Consultant also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with Page 6 of 10 2017 06 01 that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Consultant to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Consultant's insurance company. Consultant will take the action required by the City within fifteen(15) days of receiving notice from the City. 12. Indemnification. Consultant will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney's fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Consultant, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Consultant, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Consultant harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 13. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement ("Information") shall become the property of the City, but Consultant may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Consultant also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Agreement ("Project") does not relieve any liability on the part of the Consultant, but any use of the Information by the City or the Consultant beyond the scope of the Project is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 14. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated Page 7 of 10 2017 06 01 settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof GENERAL TERMS AND CONDITIONS 15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 16. Compliance with Laws and Regulations. In providing services hereunder, the Consultant shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 17. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. 18. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. 19. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 20. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to termination of this Agreement and for one (1) year thereafter, without prior written consent of the former employer in each case. 21. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Agreement or thereafter of any of the rights or remedies of the City under this Agreement. 22. Entire Agreement, Construction, Application and Interpretation. This Agreement is in furtherance of the City's public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Contract shall be valid only when expressed in writing and duly signed by the parties,unless otherwise provided herein. Page 8 of 10 2017 06 01 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Non-Discrimination. During the performance of this Agreement, the Consultant shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Consultant shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Consultant shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Consultant further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 25. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Agreement if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 26. Rights and Remedies. The duties and obligations imposed by this Agreement and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 27. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City. 28. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 29. Statutory Provisions. a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the Consultant or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement. Page 9 of 10 2017 06 01 b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Consultant under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. This Agreement is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Consultant in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the Data Practice Act and Consultant shall comply with those requirements as if it were a government entity. All subcontracts entered into by Consultant in relation to this Agreement shall contain similar Data Practices Act compliance language. 30. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager CONSULTANT By: Its: Page 10 of 10 2017 06 01 RI, EDEN October 31, 2017 PRAIRIE SCOPE OF WORK ENGINEERING AND INSPECTION SERVICES HIDDEN PONDS (DELL ROAD)WATER TOWER RECONDITIONING PROJECT The City of Eden Prairie Water Utility, Eden Prairie, MN, hereafter referred to as "City," provides the following scope of work for engineering, consulting, and inspection services for the design and preparation of plans and specifications, and the construction management and field inspection associated with cleaning, repairing and re-coating one (1) 1,000,000 gallon elevated storage water tank located at 7401 Dell Road, Eden Prairie, MN 55344. Please direct questions regarding the project to: Rick Wahlen—Manager (952) 294-5908 rwahlen@edenprairie.org Joe Dusek—Water Superintendent (952) 294-5902 jdusek@edenprairie.org Page 1 of 8 City of Eden Prairie Water Utility October 31,2017 SCOPE OF WORK—ENGINEERING,CONSULTING,AND INSPECTION SERVICES FOR THE HIDDEN PONDS WATER TOWER RECONDITIONING PROJECT SCOPE OF WORK The work required of the consultant will include the following items as well as all requirements specified in Attachment A to the City's RFP (Summary of Project and City Expectations): 1. Pre-design Services - The work under this section shall include a review of existing plans, specifications, and antenna attachment conditions for the water storage tank as well as the 2016 Elevated Tank Inspection Report prepared by Badger State Inspections, LLC (BSI). 2. Design Services - The work under this section shall include the following: a. The consultant shall prepare and submit the Minnesota Department of Health (MDH) permit,bid documents, and plans and specifications for the water tower and accessories as follows: i. All civil, structural, mechanical, electrical and instrumentation drawings necessary for the project. ii. Specifications including both General Conditions and Technical Sections. iii. Alternates will be included within the bid concerning reconditioning/painting of the water tower during a later-season project window. iv. Coordinating and scheduling of work with Owner and contractors to accommodate water system constraints. v. Review of code and regulation compliance relating to work associated with the rehabilitation. vi. Submission of project plans to MDH for approval. The $100 design review fee will be borne by the consultant. b. Provide a final engineering estimate of the painting and reconditioning cost of the tower. c. Provide bidding support services including responding in writing to bidders' questions; preparation of addenda; assisting in receipt of bids; analysis of bids received; recommending in writing the low, qualified bidder; and assisting in award of the construction contract. d. Manage a mandatory pre-bid meeting and site visit,beginning at the Owner's address. 3. Antenna Management Services—This aspect of the project will be performed by BSI, however all hours and expenses for antenna management will be billed to the cellular company (T-Mobile). 4. Reconditioning Plans and Specifications - The specifications will include: a. Advertisement for Bids - This section provides a concise project description and meets the requirements for government bidding. The City has a standard advertisement for bids format that must be followed. Page 2 of 8 City of Eden Prairie Water Utility October 31,2017 SCOPE OF WORK—ENGINEERING,CONSULTING,AND INSPECTION SERVICES FOR THE HIDDEN PONDS WATER TOWER RECONDITIONING PROJECT b. Instructions to Bidders - This section provides precise instructions to bidders regarding requirements to bidding the project such as the City's minimum insurance, payments, time of completion, bidder qualifications, taxes and permits, legal requirements, performance bond and other important project information. The City has a standard Instructions to Bidders format that must be followed. c. Proposal - This section contains the bid proposal, legal requirements, and the bidder and subcontractor qualification forms. d. Project Requirements -This section contains a general description of the project, intent, project schedule, execution of contract documents, notice to proceed,project meetings, work hours, quality assurance, liquidated damages, application for payment, retainage, substantial completion, project close-out and final submittal, final payment application, work to be done by Owner, contractor's use of premises, rejected work and materials and guarantee. e. Technical Specifications - This section provides all of the particulars concerning the project: workmanship, structural modifications, surface repairs, surface preparation, material section and coating application, health and safety requirements,unfavorable weather conditions, clean up and sterilization, repair work, containment plan and environmental regulations, superintendent inspection of work, disposal and required toxicity characteristic leaching procedure (TCLP) testing, and other procedures that must be adhered to in order to maximize project quality. f. Supplemental Conditions - These supplemental conditions amend or supplement the general conditions, and other provisions of the contract documents as required by the Owner or project conditions, including regulatory requirements. g. General Conditions - This section shall include definitions, authority of the engineer/inspector, final inspection procedures, etc. The City has standard General Conditions that must be used. h. Contract Agreement- This section includes the form of agreement between the Owner and the contractor. The City's contract documents must be used. i. Payment and Performance Bond- This section includes the forms for payment and performance bond. The City has standard Payment and Performance Bond documents that must be used. j. Inspection Report- This enclosure gives prospective bidders a clear idea of the condition of the tank and the scope of work involved. The City separately contracted a float-down inspection report that will be provided to each competing contractor. k. Specification Drawings - The drawings include information on existing conditions as well as any required repairs or modifications. Any modifications recommended to the tank design must be documented with appropriate specification drawings for use by the contractor. 1. As-Built Drawings—complete as-built drawings in both printed and digital format must be supplied to the City within 30 days of project completion. Photos of the completed Page 3 of 8 City of Eden Prairie Water Utility October 31,2017 SCOPE OF WORK—ENGINEERING,CONSULTING,AND INSPECTION SERVICES FOR THE HIDDEN PONDS WATER TOWER RECONDITIONING PROJECT tank showing views of the ladder access systems, manways, manway covers, railings, antenna mounts, painters rails, roof system,piping and valving, etc. will be provided with the as-builts. m. Surface preparation - This section references industry accepted standards such as NACE, SSPC or American Concrete Institute (ACI) for surface preparation requirements. ADDITIONALLY, any special standards that may be required due to the design of the tank or the type of surface preparation equipment used by the contractor will be included. Of special interest is the minimum industry-standard progress acceptable when using various equipment systems, which must be addressed in the specification. Questions that may arise from the contractor after beginning work must be anticipated and answered in this portion of the specification. n. Existing Paint Total Lead Test Results -This section contains the laboratory test results from paint chip testing for lead, chromium or other heavy metals in conformance with State regulations. o. Logo and Lettering- The City is independently contracting the design of a logo system for the tank. The preliminary, artistic design will be provided to BSI to facilitate the preparation of a cost estimate for the logo. 5. Construction Management- The work included under this section shall include the following: a. Schedule, send notices for, and conduct a pre-bid and preconstruction meeting; distribute minutes. b. Review/approve shop drawings c. Issue contract document clarifications as required d. Process contract change order requests e. Review, correct and approve contractor submitted construction progress schedule f. Process progress pay requests g. Prepare/record drawings to include final as-built drawings h. Monitor Contractor progress for conformance with construction schedule i. Prepare daily inspection records and submit weekly, including the monitoring of environmental weather conditions, conformance to environmental regulations, surface preparation inspection, mixing, thinning and applications of coatings for conformance to specifications and coating manufacture requirements and all other requirements. j. Conduct and report on weekly job-site progress meetings—provide a weekly email Page 4 of 8 City of Eden Prairie Water Utility October 31,2017 SCOPE OF WORK—ENGINEERING,CONSULTING,AND INSPECTION SERVICES FOR THE HIDDEN PONDS WATER TOWER RECONDITIONING PROJECT summary of progress for all participants, including the information contained in item k below. Consultant will plan for a minimum of one-hour per week for the construction progress meeting and any additional time necessary to prepare for and document the meetings. The weekly progress meetings must be conducted by the Consultant's project manager/supervisor. k. Identify project delays and potential delays to the owner within 24 hours. Document the nature, cause, and facts surrounding each action contributing to the delay, and inform the Contractor in writing when such actions in the opinion of the Consultant should be recorded as responsible for later liquidated damages. All written or verbal requests from the contractor must be answered in writing within 48 hours. 1. Monitor waste generation at job site. Take TCLP samples, submit for testing and report on results. m. Review contractor submitted waste disposal plan, TCLP test results and report findings. n. Conduct any punch-list inspections and final inspection. o. Prepare and execute punch list and project acceptance certificate p. Provide notification to Contractor and Owner of liquidated damages. q. Resolution/negotiation of liquidated damages r. Request final submittal from contractor in conformance with contract documents s. Process final pay request/project close-out t. Process warranty start date to Owner, contractor and surety u. Estimated project management time shall consist of at least 10 hours per week. 6. Warranty Inspection - The consultant selected will provide a warranty inspection prior to the warranty expiration date. The consultant will submit two (2) copies of the warranty report to the City. 7. Engineering Requirements - The work included under this section shall include the following: a. Consultant team must include a Registered Professional Engineer in the State of Minnesota with a minimum of five (5) years-experience in writing plans, specifications and performing inspections on water storage reservoirs. b. Consultant team must include a Registered Structural Engineer in the State of Minnesota with a minimum of five (5) years-experience of structural design on Steel Potable Water Page 5 of 8 City of Eden Prairie Water Utility October 31,2017 SCOPE OF WORK—ENGINEERING,CONSULTING,AND INSPECTION SERVICES FOR THE HIDDEN PONDS WATER TOWER RECONDITIONING PROJECT Tanks per AWWA D100. c. Consultant team must include staff support to prepare professional construction drawings for the contractor and as-built drawings for the owner within 60 days of final completion. d. Owners Project Completion Report, including as appendices, a digital copy of all inspection logs and daily progress reports. The report shall be a written summary, the format of which shall be determined by the owner, and shall serve as the base document from which the next recoating will be planned. The Report will include the Final Project Inspection Summary, which will include a detailed inspection execution matrix for the interior and exterior tank roof section, inner& outer shell, and floor showing locations of low-voltage holiday testing and results of dry film thickness tests. The report will also specifically describe changes made to the tank and equipment including the painters rails and any new man-ways or other steel modifications. e. The ongoing preparation of any documentation necessary to support the owner's defense against potential arbitration or litigation demanded by the contractor. f. The Consultant will submit the Minnesota Department of Health(MDH)permit application on behalf of the City and respond to any questions by the MDH engineering staff to facilitate the granting of the permit. 8. Inspection Services - The work included under this section shall include the following field inspection services meeting the following criteria: a. Inspectors who are NACE (National Association of Corrosion Engineers) Certified or NACE Inspectors who work directly under a NACE Certified Inspector or NACE Corrosion Engineer. b. Coatings Inspector working under the direct supervision of a Registered Professional Structural Engineer. c. Coating Inspectors who are additionally trained and qualified inspectors who have a minimum of three (3) years-experience in climbing, rigging and performing coating inspections on this type of structure are preferred. d. Welding inspectors who are AWS (American Welding Society) Certified Welding Inspectors or are AWS Associate Welding Inspectors. e. Experienced welding inspectors, additionally trained as Level I and Level II NDE Technicians, who have a minimum of(5) five years-experience in climbing, rigging and performing inspections in accordance to the AWWA D100 Standard. f. AWS Certified Welding inspectors working under the direction of a Registered Structural Engineer. Page 6 of 8 City of Eden Prairie Water Utility October 31,2017 SCOPE OF WORK—ENGINEERING,CONSULTING,AND INSPECTION SERVICES FOR THE HIDDEN PONDS WATER TOWER RECONDITIONING PROJECT g. Estimated inspection time shall consist of 48 hours per week. h. Inspection services shall include the preparation and coating of all surfaces outlined in the specification within the tank both below and above the water-line, to include surfaces of all structural roof supports and ceiling surfaces, the tank exterior, and any additional piping and equipment included in the project. 9. Special Considerations: a. The Consultant will inspect and approve 100% of all surface preparation prior to painting. b. The Consultant will observe all mixing of paint or provide the owner with a mutually agreed upon plan that ensures qualified, trained contractor staff are doing the paint mixing. c. The Consultant will visually inspect and verify the surface preparation of each roof member, all surfaces of the structural support steel within the roof system, and will perform low-voltage holiday testing of the coating system in these hard-to-reach places. d. All photographs, inspection documents, as-built drawings, meeting minutes, and communications documents will be submitted to the City prior to release of the final pay request. e. The Consultant will itemize fees for invoicing on an hourly basis using the following categories: 1. Direct Inspection Time 2. Meeting Management 3. Report Writing and Preparation of Reports 4. Project Management 5. Clerical Support 6. Specification and Related Documentation Preparation 7. Travel 8. Reimbursable Expenses f. The Consultant will prepare separate invoices as necessary for the hours billable to the contractor for work performed outside the time prescribed in the contract. Invoices will include the following billing categories: 1. Travel 2. Overtime or Extended Time Inspection Services 3. Overtime or Extended Time Project Management 4. Clerical or Administrative Support for Overtime or Extended Time Work Performed Page 7 of 8 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar November 14, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Sue Kotchevar, Finance Lease Amendment for Prairie Village Liquor Store VIII.F. Administration Requested Action Move to: Approve third amendment to liquor store lease at the Prairie Village Mall location. Synopsis The current lease term for this store expires on 10/31/2018. Staff contacted Prairie Partners Six, LLP to renew the lease early and to obtain a more favorable lease rate. The new lease cost per square foot ranges from $10.00 to $14.00 psf over the lease term. Due to the significant rent reduction, the City will pay percentage rent as follows: 5% of sales for sales over $3,500,000 for year 1-5 and 5% of sales for sales over$4,000,000 years 6-11. In 2018, the City will save $62,600. Attachments Lease Amendment THIRD AMENDMENT TO LEASE THIS THIRD AMENDMENT TO LEASE ("Amendment") is made and entered into this 14th day of November, 2017, by and between Prairie Partners Six, LLP, a Minnesota limited liability partnership ("Landlord"), and the City of Eden Prairie ("Tenant"). WITNESSETH: WHEREAS, Landlord and Tenant executed that certain Lease dated as of August 31, 2000, as amended by that certain First Amendment to Lease dated March 1, 2006, and as further amended by that certain Second Amendment to Lease dated August 19, 2008 (collectively, the "Lease"), concerning the leasing of approximately 8,001 rentable square feet of space that is located in Space Number 16508 in that certain shopping center ("Shopping Center") commonly referred as Prairie Village Shopping Center at 16500 Highway 5, Eden Prairie, Minnesota (the "Premises") as more fully described in the Lease; and WHEREAS, Landlord and Tenant desire to extend the term of the Lease for the Premises and amend the Minimum Annual Rental. WHEREAS, Landlord and Tenant desire to set forth their agreement concerning amendments to the Lease according to the terms and conditions set forth below. NOW, THEREFORE, in consideration of the mutual promises of the parties hereto and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Lease shall be amended as follows: 1. Recitals. The above recitals shall constitute an integral part of this Amendment. 2. Capitalized Terms. Capitalized terms set forth in this Amendment shall have the same meaning as in the Lease, unless specifically modified and amended herein. 3. Term of Lease Extension. The Term of the Lease is extended for a period of ten (10) years from the expiration of the Lease, which is October 31, 2018, and, as amended by this Amendment, shall terminate on October 31, 2028 (the"Extended Term"). (The remainder of this page is intentionally blank) 4. Rent. Tenant shall continue to pay Minimum Annual Rental as set forth in the Lease through the end of 2017. Starting on January 1, 2018, Tenant shall pay Minimum Annual Rental for the Premises as follows: Minimum Term Rate (psf) Annual Rent Monthly Rent 1/1/18- 12/31/19 10 80,010 6,668 1/1/20- 12/31/21 11 88,011 7,334 1/1/22- 12/31/23 12 96,012 8,001 1/1/24- 12/31/25 13 104,013 8,668 1/1/26- 10/31/28 14 112,014 9,335 For purposes of the Lease Year referred to in Section 5.1 herein, the following applies: Lease Year 1 - 2018 Lease Year 2 - 2019 Lease Year 3 - 2020 Lease Year 4 - 2021 Lease Year 5 - 2022 Lease Year 6 - 2023 Lease Year 7 - 2024 Lease Year 8 - 2025 Lease Year 9 - 2026 Lease Year 10 - 2027 Lease Year 11 - 2028 5. Percentage Rent. 5.1 In addition to Minimum Annual Rental, Tenant agrees to pay Percentage Rent to Landlord during the Term in an amount equal to (i) five percent (5%) of Tenant's Gross Sales for each Lease Year 1-5 in excess of Three Million, Five Hundred Thousand and No/100 Dollars ($3,500,000.00); (ii) five percent (5%) of Tenant's Gross Sales for each Lease Year 6-11 in excess of Four Million and No/100 Dollars ($4,000,000.00). Percentage Rent shall be determined on a yearly basis and shall be due and payable on or before the twenty-fifth (25th) day of January of the following Lease Year for the preceding Lease Year. Tenant's payment of Yearly Percentage Rent shall be accompanied by a Yearly Gross Sales Statement for the Lease Year in question, as provided in Section 5.2. 5.2 On or before the twenty-fifth (25th) day of January of each Lease Year, Tenant shall provide Landlord with a statement ("Yearly Gross Sales Statement") stating in reasonable detail the amount of the Gross Sales of all business conducted on the Premises during the preceding Lease Year, along with Tenant's payment of Percentage Rent for the preceding Lease Year, if any. 5.3 Landlord, or its designated agent or representative, shall have the right to inspect and audit all of Tenant's, or any permitted subtenant's, books and records relating to Gross Sales, -2- during normal business hours and upon reasonable notice to Tenant. All books and records relating to Gross Sales shall be maintained by Tenant for a minimum of five (5) years following the Lease Year to which such books and records relate. If the results of such inspection and audit show that the Yearly Gross Sales Statement for any period has been understated or overstated, then Tenant shall promptly pay to Landlord any deficiency or Landlord shall promptly credit or refund any overpayment, as the case may be. In addition, if the results of such inspection and audit show that the Yearly Gross Sales Statement for any period has been understated by more than five percent (5%), then (i) Tenant shall reimburse Landlord for its costs and expenses incurred in conducting such inspection and audit; and (ii) Landlord shall have the right to immediately terminate this Lease. 5.4 For the purposes of this Lease, the term "Gross Sales" shall mean the recognition of the entire amount of the actual sales price at the time of purchase, whether wholly or partially paid for in cash or on credit, of all food, beverage or retail merchandise items and/or services sold, of all business conducted in the Premises, including all orders taken in the Premises. There shall be excluded from Gross Sales any sum collected and paid for any sales or excise tax based upon a taxable sale as required by law, whether now or hereafter in force, to be paid by Tenant or collected from its customers, to the extent that such taxes have been included in Gross Sales; the amount of any cash or credit refunds upon any sale where the merchandise sold is thereafter returned by the purchaser to and accepted by Tenant; other miscellaneous revenue collected in the course of business, including wine club memberships, wine club or other events, wine club product delivery and sales of fixtures or equipment not in the ordinary course of business. In addition if Tenant initiates a delivery service for some or all of its stores, Gross Sales does not include sales from a Liquor Delivery Service. 6. Security Deposit. Tenant shall not be obligated to a security deposit upon execution of this Amendment. 7. Brokerage. Landlord and Tenant represent and warrant to each other that they have dealt with no brokers, finders or the like in connection with this transaction, and agree to indemnify each other and to hold each other harmless against all claims, damages, costs or expenses of or for any other such fees or commissions resulting from their actions or agreements regarding the execution or performance of this Agreement, and will pay all costs of defending any action or lawsuit brought to recover any such fees or commissions incurred by the other party, including reasonable attorneys' fees. 8. Counterparts. This Amendment may be executed in any number of counterparts, each of which when so executed, shall be deemed to be an original, and all of which counterparts of this Amendment, taken together, shall constitute but one and the same instrument. 9. Construction. This Amendment shall be construed under the laws of the State of Minnesota. Whenever possible, each provision of this Amendment shall be interpreted in such manner as to be effective and valid under applicable law. If any such provision of this Amendment shall be determined to be invalid or unenforceable, such provision shall not be -3- ineffective to the extent of such prohibition or invalidity without invalidating or otherwise affecting the remaining provisions of this Amendment. 10. Survival of Other Terms and Conditions. Except as modified herein, all other terms and conditions of the Lease shall remain in full force and effect, and nothing herein shall be construed to relieve either Landlord or Tenant of any obligations as set forth therein. 11. Entire Agreement. The Lease and this Amendment, constitute the entire understanding of the parties hereto with respect to the transaction contemplated thereby, and supersede all prior agreements and understandings between the parties with respect to the subject matter. No representations, warranties, undertakings or promises, whether oral, implied, written or otherwise, have been made by either party hereto to the other unless expressly stated in the above-referenced documents, or unless mutually agreed to in writing between the parties hereto after the date hereof, and neither party has relied upon any verbal representations, agreements or understandings not expressly set forth herein. 12. Submission of Amendment. The submission of this Amendment for examination does not constitute a reservation of or option for the Premises and this Amendment shall become effective only upon execution and delivery thereof by Landlord and Tenant. IN WITNESS WHEREOF, the parties hereto have executed this Amendment to Lease as of the day and year first above written ("Effective Date"). LANDLORD: PRAIRIE PARTNERS SIX, LLP, a Minnesota limited liability partnership By Name hi I l; Q I a-F 'e_ Its M a,A 0.2,„3 'PQ,, e.r -4- TENANT: THE CITY OF EDEN PRAIRIE By Name Its Mayor THE CITY OF EDEN PRAIRIE By Name Its City Manager -5- CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar November 14, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO. : Community Development Revised JPA with the I-494 Corridor VIII.G. Janet Jeremiah/David Lindahl Commission Requested Action Move to: Approve the revised Joint Powers Agreement(JPA)between the City of Eden Prairie and the I-494 Corridor Commission. Synopsis The JPA between the City of Eden Prairie and the I-494 Corridor Commission has only been revised once since 1987. Numerous items have been deleted, modified, and added to make the document current with how the Commission operates today. A summary of the various changes is enclosed. Background In 1987,the I-494 Corridor Commission was organized with the primary goal of expanding the capacity of I-494 between Bloomington and Minnetonka.Its original and current membership includes the cities of Bloomington,Edina,Eden Prairie,Minnetonka,and Richfield.For a short-time Plymouth and Maple Grove were also members. Today it continues to lobby for infrastructure improvements along the corridor with the I-494 and I-35W Interchange being its top priority. Through collaboration with its member cities and MNDOT it has accomplished a great deal including the reconstruction of the I-494 and Hwy 169 Interchange. Also,through its commuter services group, it works with employers along the corridor to encourage the use of transit,biking, walking, telecommuting, and rideshare programs. Each year, its commuter services team helps coordinate about two-thousand new carpoolers, transit riders, teleworkers, bicycle riders, and vanpoolers. Attachments Letter to Request JPA Revised Joint Powers Agreement Summary of changes document Financial policies and procedures V1-494 CORRIDOR COMMISSION Reducing Traffic Congestion �--r Bloomington • Eden Prairie • Edina • Minnetonka • Richfield Memorandum TO: I-494 CORRIDOR COMMISSION MEMBERS AND CITY MANAGERS FROM: BRAD AHO, CHAIR, 1-494 CORRIDOR COMMISSION DATE: OCTOBER 16, 2017 REGARDING:ADOPTION OF THE REVISED JOINT POWERS AGREEMENT Corridor Commissioners and City Managers, Attached hereto please find our final revised Joint Powers Agreement for each of our member cities to review and adopt. The 1-494 Corridor Commission has only updated the Joint Powers Agreement once since its inception in 1987,thirty years ago. Several items have been deleted, modified and added to bring the document current with how the 1-494 Corridor Commission operates today. If you would please advise your city council and city attorney we reviewed and discussed at length the comments and feedback from each of your city's attorneys. There were a few items where the attorneys did not agree. The Corridor Commission spent significant time discussing each item and made a final, unanimous determination on what to adopt. The revised JPA reflects the way we are currently operating. Also attached is our Financial Policies and Procedures which was formally adopted by the Corridor Commission at our October 11th meeting. It was created in consultation with Sue Kotchevar, our current treasurer who is the CFO at the City of Eden Prairie. The Financial Policies and Procedures document formalizes the Corridor Commission's intent to become our own fiscal agent and hold our own funds rather than having a member city hold the Corridor Commissions funds. It also clearly identifies the roles of each person authorized to access the Corridor Commission's funds and the oversight and safeguards in place to protect the Commission's funds. Once the revised JPA is adopted by each of our member cities,the Corridor Commission will initiate plans to bring funds in-house by the end of 2017 and will no longer reply upon a member city to hold our funds and issue checks to pay our vendors. We have greatly appreciated each of our member cities taking several turns at managing our funds over the past 30 years. 7101 York Avenue South, Suite 45 • Edina, MN 55435 • 952.405.9425 • www.494corridor.org In addition to the updated JPA and Financial Policies and Procedures we have included a copy of the original JPA for your reference. If you have questions or concerns before putting this on your city council's agenda please let our Executive Director Melissa Madison and I know. Sincerely, Brad Aho Chair, 1-494 Corridor Commission Eden Prairie City Councilmember 7101 York Avenue South, Suite 45 • Edina, MN 55435 • 952.405.9425 • www.494corridor.org I-494 CORRIDOR COMMISSION JOINT POWERS AGREEMENT PRELIMINARY STATEMENT The Cities of Bloomington,Eden Prairie, Edina,Minnetonka, and Richfield(hereafter referred to as Parties) are Parties to this Agreement and are governmental units of the State of Minnesota. Minnesota Statute 471.59 permits two or more governmental units,by agreement of their governing bodies,to jointly and cooperatively exercise any power common to each of them. The Parties to this Agreement have chosen to enter into a cooperative agreement pursuant to M.S.A.471.59 providing for the joint exercise of powers to improve the ability to more effectively and efficiently move people and goods along and around the I-494 Corridor. This Agreement amends and restates that certain Joint and Cooperative Agreement among the Parties as dated July 11, 1988, as subsequently amended on [date of first amendment] and January 1, 2002. This Agreement shall be known as the I-494 Corridor Commission Joint Powers Agreement and is effective as of October 11,2017. ARTICLE 1. Name The Parties hereto agree to establish a joint powers organization to be known as the 1-494 Corridor Commission to carry out the general purpose and objectives set forth in this document. ARTICLE 2. General Purpose The primary purpose of this agreement among the Parties is to work jointly and cooperatively to more effectively and efficiently move people and goods along and around the 1-494 Corridor including other major transportation corridors within the Parties'jurisdictions (hereafter referred to as the Corridor). ARTICLE 3. Duration The duration of the Commission shall be perpetual unless otherwise dissolved according to the provisions of Article 14 hereof. ARTICLE 4. Definition of Terms For the purpose of this Agreement,the terms defined in this Article shall have the meanings given below. 4.1) Commission—means the organization created pursuant to this Agreement. 4.2) City Council or Council—means the governing body of a Party. 4.3) Commissioner—means a person appointed pursuant to this Agreement to serve a Commissioner. 4.4) Alternate—means a person appointed pursuant to this Agreement to serve in place of a Commissioner as provided in Article 9 of this Agreement. 4.5) Party—means a governmental entity which has entered into this Agreement. 4.6) Affiliate Member—means a person or organization approved by the Commission to have special status with the Commission,with only the rights specified in this Agreement 4.7) Corridor—means the area comprising the geographic limits of all Parties. ARTICLE 5. Additional Parties Any other government unit may become a Party upon unanimous approval of the Parties and amendment of this agreement.An organization or person may be approved as an Affiliate Member upon a majority vote of the Commissioners. ARTICLE 6. Effective Date A Party shall enter into this Agreement by duly executing a copy of this Agreement and by filing such copy,together with a certified copy of the authorizing resolution,with the Commission. This Agreement shall become effective upon approval by all Parties to the Agreement hereinafter the Effective Date. ARTICLE 7. Powers and Duties of the Commission 7.1) The powers and duties of the Commission shall include,but not be limited to,the powers set forth in this article. 1-494 Corridor Commission Joint Powers Agreement 2017 Page 2 7.2) It may research and recommend to state agencies and the legislature funding strategies and priorities for transportation and transit improvements along and around the Corridor. 7.3) It may research and implement travel demand management strategies, develop model ordinances and recommend joint action on such strategies and ordinances by the Parties. 7.4) It may research and make recommendations to the Parties regarding other matters related to the Commission's purpose. 7.5) It may cooperate with Affiliate Members and relevant groups to further the objectives of the Commission. It may consult with, and assist,Affiliate Members and relevant groups to facilitate travel demand management strategies and programs throughout the Corridor. 7.6) It may cooperate with the Metropolitan Council,Metro Transit, opt-out transit system and other transit related organizations to develop Corridor related transit operation plans. 7.7) It may monitor land use development,traffic volumes and travel characteristics in the Corridor. 7.8) It may,with consent of the city council of each Party,update transportation or transit studies and expand them as necessary. 7.9) It may consult with persons knowledgeable in transportation,including,but not limited to,research organizations,educational institutions, other political subdivisions,municipal organizations, regulatory organizations,technical experts, and any other persons who can provide assistance concerning mobility improvements, implementation of transportation and transit studies within the Corridor and otherwise assist in meeting the objectives of the Commission. 7.10) It may accept donations to further the mission of the Commission, apply for and use federal, state, local or private grants, enter into agreements required in connection therewith and hold,use and dispose of money or property received as a gift or grant in accordance with the terms thereof. 7.11) It may employ staff whose duties shall be to administer and implement policies as established by the Commission. 7.12) An independent audit of the books of the Commission shall be made every three years with an accountant review in following years. An annual financial accounting and report shall be made in writing to the Parties. The Commission's financial records shall be available for and open to the examination by the Parties at all reasonable times. 7.13) It may enter into such contracts or entities,public or private,to carry out the purposes of the Commission. Contracts let and purchases made under this agreement shall conform to the requirements applicable to contracts and purchases of its Parties. 7.14)The Commission shall at all times have in effect financial management policies and procedures which may be amended from time to time by a majority vote of the Parties. 1-494 Corridor Commission Joint Powers Agreement 2017 Page 3 ARTICLE 8. Commissioners 8.1) The Commission shall consist of up to two Commissioners from each Party for each Party. Each Commissioner shall have one vote. The Council of each Party shall appoint its two Commissioners and alternate. Commissioners shall serve without compensation from the Commission. The Commission's Secretary shall obtain from each Party confirmation of the Commissioners and Alternate appointed by each Party. In the event a Commissioner appointed by a Party is absent from a meeting of the Commission,the Party's Alternate may serve as a Commissioner for that meeting. 8.2) The term of each Commissioner and Alternate shall commence upon appointment and shall continue until a successor is appointed and assumes his or her responsibilities. The Commissioners and Alternates shall serve at the pleasure of the Council appointing them. A Commissioner or Alternate may resign by giving notice of resignation to the Commission's Chair. 8.3) A Commissioner who will be absent from a meeting shall be responsible for notifying the Alternate of meetings which the Alternate should attend. In the absence of a Commissioner,the Alternate shall have all the rights and responsibilities of the Commissioner, except that no Alternate may be or act as, an Officer of the Commission. 8.4) There shall be no voting by proxy. All votes at a Commission meeting must be cast by a Commissioner or an Alternate voting in place of an absent Commissioner. 8.5) A majority of the Commissioners shall constitute a quorum. 8.6) A vacancy on the Commission shall be filled by the Council of the Party whose position on the Commission is vacant. 8.7) The Commission may choose by majority vote to designate additional Affiliate Members. These members may participate in discussions of the Commission but may not vote. In addition,these members shall be sent notices of all meetings,but a failure to notify these members shall not invalidate any action. Affiliate Members may be excluded from lawfully closed meetings of the Commission. The Commission may further define the role of Affiliate Members and may establish different requirements for each Affiliate Member. 8.8) A Commissioner that is an employee of a Party remains an employee of the appointing Party while serving as a Commissioner and is not an employee of the Commission. 8.9) Commissioners are not employees of the Commission. 1-494 Corridor Commission Joint Powers Agreement 2017 Page 4 ARTICLE 9. Meetings 9.1) The Commission shall meet at least quarterly on a schedule determined by the Commission. 9.2) Special meetings of the Commission may be called(a)by the Chair or(b)upon written request of a majority of the Commissioners.A minimum of three(3) days' written notice of special meetings shall be given to the Commissioners. 9.3) The affirmative vote of a majority of the Commissioners present at the meetings shall be required for the adoption of any resolution or for the approval or authorization of any Commission action. However,no resolution shall be adopted and no other action approved or authorized unless a quorum is present at the time of the vote. 9.4) All meetings shall be open to the public except where a closed meeting is allowed or required under Minnesota Statutes. ARTICLE 10. Officers 10.1) Number,Election, Qualifications. The Officers of the Commission shall consist of a Chair,a Vice Chair, Secretary, and Treasurer. A Party may not have more than one of its Commissioners serve as an Officer at any time except for the Secretary. Each Officer shall be an elected official. Officers will be elected bi-annually by the Commission. Officers may be elected at a regular or special meeting of the Commission,but in any event, a notice that Officers will be elected at the meeting shall be given to all Commissioners at least five days before the meeting. The term of each Officer shall commence upon the Officer's election and shall continue until his or her successor is elected or,if sooner,until the Officer's death,resignation or removal. The Commission may remove an Officer at any time with or without cause. The Commission may appoint the Executive Director as Secretary. Any Commissioner may serve as Secretary including those who are not elected officials. 10.2) Chair,Vice Chair. The Chair shall preside at all meetings of the Commission and shall perform all duties incident to the office of Chair and such other duties as may be delegated by the Commission. The Vice Chair shall act as chair in the absence of the Chair. 10.3) Secretary. The Secretary shall maintain the roster of all Commissioners,Alternates, and Affiliate Members. The Secretary shall be responsible for keeping a record of all the proceedings of the Commission and shall serve as the Responsible Authority of the Commission for the purposes of the Minnesota Government Data Practices Act. The Secretary shall send written notice of meetings and 1-494 Corridor Commission Joint Powers Agreement 2017 Page 5 material pertaining to agenda items to each Commissioner.Unless also a Commissioner,the Secretary shall not be a voting member of the Commission. 10.4) Treasurer. The Treasurer shall oversee the Commission's funds. The Commission shall pay its bills,keep its financial records, and generally conduct its financial affairs in accordance with its adopted Financial Management Policies and Procedures. The Treasurer will review financial books and records on a regular basis to determine that all laws relating to financial matters are observed and that the Financial Management Policies and Procedures are followed. Strict accountability of all funds and report of all receipts and disbursements shall be provided for. 10.5) Other Officers. The Commission may appoint such other Officers as it deems necessary. All such Officers shall be Commissioners. ARTICLE 11. Employees 11.1) The Commission may employ an Executive Director. The Executive Director shall supervise staff. 11.2) The compensation,benefits and other remuneration of Commission staff shall be established by the Commission. 11.3 The Commission shall supervise the Executive Director. The Commission has the authority to hire and fire the Executive Director by a majority vote of the Parties. ARTICLE 12. Withdrawal 12.1) Withdrawal—Any Party may withdraw from the Commission effective January 1 of any year by giving written notice to the Commission Chair and every other Party prior to October 1 of the preceding year. The notice shall be accompanied by a certified copy of a resolution of the Party's Council stating its decision to withdraw from the Commission. 12.2 Financial Effect of Withdrawal—A Party that withdraws from this Commission shall not be entitled to a refund in whole or in part,for any contribution made to the Commission by the withdrawing Party and shall remain liable for its contribution for any year beginning before the date of its withdrawal. 1-494 Corridor Commission Joint Powers Agreement 2017 Page 6 ARTICLE 13. Amendments This Agreement may be amended only by written amendment entered into by all of the Parties of this Agreement in the same manner as this Agreement is entered into pursuant to Article 5 hereof. ARTICLE 14. Dissolution 14.1) Dissolution—The Commission may be dissolved by written agreement signed by all of the Parties who are then members of the Commission. 14.2) Distribution of Assets—Upon dissolution of the Commission, all remaining assets of the Commission, after payment of all obligations, shall be distributed among the Parties that are members of the Commission as of the date of dissolution, in proportion to their contributions for the year in which the dissolution occurs. The Commission shall continue to exist after dissolution for such period,no longer than six months,as is necessary to wind up its affairs,but for no other purposes. ARTICLE 15. Insurance 15.1)Liability Insurance. The Commission shall maintain liability coverage with the League of Minnesota Cities Insurance Trust with a minimum limit equal to or greater than maximum municipal liability tort limit in Minnesota Statutes, Section 467.04, Subd. 1,under standard LMCIT liability coverage forms. 15.2)Workers' Compensation Insurance. The Commission,rather than the individual Parties, shall secure Workers' Compensation coverage for any employees hired by the Commission. ARTICLE 16. Liability 16.1) The Commission is a separate and distinct public entity to which the Parties have transferred all responsibility and control for actions taken pursuant to this Agreement. 16.2) The Commission shall defend and indemnify the Parties, and their Officers, employees, and volunteers, from and against all claims, damages,losses, and expenses,including attorney fees, arising out of the acts or omissions of the Commission in carrying out the terms of this Agreement. This Agreement does not constitute a waiver on the limitations of liability set forth in Minnesota Statutes, section 467.04. 1-494 Corridor Commission Joint Powers Agreement 2017 Page 7 16.3) Nothing herein shall be construed to provide insurance coverage or indemnification to an Officer, employee,or volunteer of any Member for any act or omission for which the Officer, employee, or volunteer is guilty of malfeasance in office,willful neglect of duty, or bad faith. 16.4) To the fullest extent permitted by law, action by the Parties to this Agreement are intended to be and shall be construed as a"cooperative activity,"and it is the intent of the Parties that they shall be deemed a"single governmental unit"for the purposes of liability,as set forth in Minnesota Statutes, section 471.59, Subd. 1 a(a),and provided further that for the purposes of that statute, each Party to this Agreement expressly declines responsibility for the acts or omissions of another Party. The Parties to this Agreement are not liable for the acts or omissions of another party to this Agreement except to the extent they have agreed in writing to be responsible for the acts or omissions of the other Parties. ARTICLE 17. Financial Matters 17.1) The Commission funds may be expended by the Commission in accordance with the procedures established under the Minnesota Municipal Contracting Law,Minn. Stat. Section 471.345 and Minn. Stat. Section 412.311,as if any one Party were acting. The contract value amounts in those laws for each Party may not be aggregated. Legal instruments other than checks shall be executed after Commission approval,by the Executive Director and an Officer. 17.2) The financial contributions of the Parties in support of other Commission functions shall be per capita. Each of the Parties shall pay to the Commission an amount as annually approved by the Partiers. 17.3) A proposed budget and recommended financial contributions of the Parties shall be formulated by the Commission and submitted to the Parties on or before August 1 of each calendar year. By September 2 of each calendar year,the Council of each Party shall approve,modify, or reject the proposed Commission budget and the Party's financial contribution and give notice of its action to the Commission. The budget shall be deemed approved by a Party in the absence of action by September 1. Final action adopting a budget for the ensuing calendar year shall be taken by the Commission on or before September 15 of each year. 17.4) The Parties shall make their financial contributions to the Commission on an annual basis. 17.5) Any Party may inspect and copy the Commission's financial books and records at any and all reasonable times.All financial books and records shall be kept in accordance with normal and accepted accounting procedures and principles used by Minnesota statutory cities. 1-494 Corridor Commission Joint Powers Agreement 2017 Page 8 IN WITNESS WHEREOF, each undersigned municipality has caused this Agreement to be signed on its behalf on the date indicated below. CITY OF BLOOMINGTON Dated: By: Its Mayor Dated: By: Its Manager CITY OF EDEN PRAIRIE Dated: By: Its Mayor Dated: By: Its Manager CITY OF EDINA Dated: By: Its Mayor Dated: By: Its Manager CITY OF MINNETONKA Dated: By: Its Mayor Dated: By: Its Manager 1-494 Corridor Commission Joint Powers Agreement 2017 Page 9 CITY OF RICHFIELD Dated: By: Its Mayor Dated: By: Its Manager 1-494 Corridor Commission Joint Powers Agreement 2017 Page 10 1-494 CORRIDOR COMMISSION Reducing Traffic lc Congestion Bloomington • Eden Prairie • Edina • Minnetonka • Richfield Updates to the 1-494 Corridor Commission's Joint Powers Agreement The original Joint Powers Agreement was executed in 1987 and was amended once in 2002. It is necessary to update the document again to bring it current with present day operations. The 2017 updates include: Added Duration Added Alternate Defined Corridor Updated the Powers and Duties of the Commission: Adding 7.11 "It may employ staff whose duties shall be to administer and implement policies as established by the Commission." Adding 7.14 "The Commission shall at all times have in effect financial management policies and procedures which may be amended from time to time by a majority vote of the Parties." The original JPA stated there would be 10 Commissioners. The updated JPA in 8.1 indicates "the Commission shall consist of up to two Commissioners from each Party for each Party." Added in 8.9 "Commissioners are not employees of the Commission." Changed special meetings notice from five days to three days in 9.2. Added 9.3 regarding a quorum. Added 9.4 regarding meetings shall be open to the public. Changed officer elections from annually to bi-annually in 10.1. Separated the Secretary/Treasurer position into two separate positions in 10.3 and 10.4 Added to the Secretary's duty to maintain the roster of all Commissioners, Alternates and Affiliate members. Also added The Secretary shall serve as the Responsible Authority of the Commission for the purposes of the Minnesota Government Data Practices Act in 10.3. 7101 York Avenue South, Suite 45 ■ Edina, MN 55435 • 952.405.9425 ■ www.494corridor.org Clarified the Treasurer's role to oversee the Commission's funds instead of the Treasurer shall have custody of the Corridor Commission's funds in 10.4. Added in 10.4 (the Treasurer will) conduct its financial affairs in accordance with its adopted Financial Management Policies and Procedures. Note: The Corridor Commission created Financial Policies and Procedures in October 2017. Deleted language about Parties paying a proportional cost of preparing an 1-494 environmental impact statement in the original JPA 10.2. Moved and restated financial contributions to the Corridor Commission to an addenda to the Financial Policies and Procedures so a change in dues (financial contribution) will not trigger the need to revise the JPA. Changed the financial contribution schedule from monthly in the original JPA 10.5 to annually. Removed the one-time initiation fee for a new Party. Added Article 11 in the updated JPA regarding Employees. Restated Dissolution terms in the updated JPA article 14 where the original JPA article 13.1 said "the Commission shall be dissolved if less than four Parties remain..." which now reads "the Commission may be dissolved by written agreement signed by all of the Parties who are then members of the Commission." Added Insurance in the updated JPA article 15. Added Liability in the updated JPA article 16. Restated Financial Matters in the updated JPA article 17 (which was article 10 in the original JPA.) 7101 York Avenue South, Suite 45 • Edina, MN 55435 • 952.405.9425 ■ www.494corridor.org FINANCIAL MANAGEMENT POLICIES AND PROCEDURES I-494 CORRIDOR COMMISSION/COMMUTER SERVICES GENERAL PURPOSE The purpose of these policies is to establish guidelines for developing financial goals and objectives,making financial decisions,reporting the financial status of the I-494 Corridor Commission/Commuter Services(hereafter known as the Commission), and managing the Commission's funds. These policies are in addition to, and in no way supersede,the policies outlined in the Commission's Joint Powers Agreement. FINANCIAL OVERSIGHT It is the responsibility of the Commission to formulate financial policies and review operations and activities on a periodic basis. The Commission Board delegates this oversight responsibility to the Commission Chair (hereafter known as the Chair) and the Executive Director of Commuter Services(hereinafter known as Executive Director). The Executive Director,with oversight of the Chair,is responsible for implementing all financial policies and procedures. The Executive Director,with oversight of the Chair,has the day-to-day operations responsibility for managing the Commission's funds. CONFLICT OF INTEREST Commission Members are prohibited from activities that might present conflicts of interest. The powers of directorship may not be used to personally benefit the Executive Director at the Commission's expense. Loans from the Commission to Commission members,the Executive Director,or employees are prohibited. BUDGETING PROCESS In June of each year,the Commission shall preliminarily discuss potential dues increase for the upcoming budget year. The Commission shall review and approve the operating budget in accordance with Article 17.3 in the Joint Powers Agreement. The budget shall contain revenues and expenses forecasted by year. 1-494 Corridor Commission Financial Policies and Procedures 2017 Page 1 NON-REIMBURSEMENT REVENUE The annual dues for each Party shall be calculated as outlined in Addendum 1 of the Joint Powers Agreement.Notices of membership dues shall be sent to each Party on or before January 31 of each calendar year. All non-reimbursement revenue shall be received and recorded appropriately. The Executive Director shall be responsible for these duties. REIMBURSEMENT REVENUE A Sub-recipient Invoice will be prepared monthly to request reimbursement from the CMAQ Grant Administrator. The Invoice will be reviewed by the Chair for final approval. The Executive Director is responsible for ensuring that all expenses for which reimbursement is requested fall within the Federal guidelines for CMAQ grant reimbursement. CASH FUND A cash fund of one-third of the Commission's annual operating expenses shall be maintained. If the fund balance falls below this minimum, the Executive Director and the Board shall develop a plan and budget for rebuilding it. EXPENDITURES PROCEDURES All expenditures shall be approved by the Executive Director in accordance with the Commission approved budget. Invoices shall be reviewed and approved by the Chair on a monthly basis. Following the review and approval,the Executive Director is responsible for ensuring vendor payments are made in a timely manner. CREDIT CARD EXPENDITURES The Chair will approve the issuance of a company credit card for employees who travel or make purchases on behalf of the Commission. Employees must utilize the card for business-related purchases only. COMPENSATION AND PAYROLL Payroll is executed bi-monthly. Paychecks or direct deposits will be provided to each employee. Monthly payroll expenses shall be verified against payroll reports and direct deposit reports and reconciled with checking account reports. The Executive Director is responsible for these duties. 1-494 Corridor Commission Financial Policies and Procedures 2017 Page 2 LOCAL TRAVEL AND EXPENSE REIMBURSEMENTS Employees must abide by the Commission's Travel and Expense policy. Travel and expense reports for mileage,meals,hotel, supplies, etc.,will be maintained by each employee and then submitted to the Executive Director for approval and payment on a monthly basis. Mileage reimbursement is based on current IRS Guidelines.All expenditure receipts must be attached to the expense report as a condition for payment. PURCHASING Any expenditure in excess of$3000 for the purchase of a single item should have bids from three (3) suppliers if possible. These bids are reviewed by the Executive Director and the bid award must be specifically approved in advance by the Executive Director and the Chair. Purchases of less than$3000 may be made at the discretion of the Executive Director or Chair without competitive bids. However,reasonable diligence should be exercised to comparatively shop for available sources. LEASES AND OTHER CONTRACTUAL AGREEMENTS The Commission conducts a major part of its operations from leased facilities. Leases and other contractual agreements are negotiated by the Executive Director and executed with the approval of the Chair.New property leases require the approval of the Commission. The Executive Director and the Chair are authorized to develop and enter into contractual agreements with vendors,bankers, and third parties for the purpose of ensuring the Commission's general operations. Federal guidelines must be followed for contracts which will be submitted for grant reimbursement. BANK ACCOUNTS AND BANK RECONCILIATIONS The Executive Director shall maintain and oversee the Commission's bank accounts,and ensure the accuracy of the Commission's day-to-day financial operations. These accounts may be changed as the Commission's financial conditions and requirements change. All check, cash, and EFT deposits are reviewed and recorded by the Executive Director and deposited in the appropriate Account. Payments are disbursed as needed to meet obligations or ongoing operational expenditures. Three individuals will be approved by the Commission to be signatories on the Bank Account. Two of the three approved signatures shall be required on all checks or withdrawal requests. 1-494 Corridor Commission Financial Policies and Procedures 2017 Page 3 FINANCIAL STATEMENTS The Commission's financial statements shall be prepared on a regular basis in accordance with Generally Accepted Accounting Principles("GAAP"). Under GAAP,revenues and expenses are classified based on the existence of donor-imposed restrictions. The Executive Director will provide the Financial Statements to the Treasurer and/or the Chair for review. After review,the Financial Statements will be presented to the Commission for approval. AUDIT The Commission will have periodic audits and financial reviews that would be scheduled according to Article 7.12 of the Joint Powers Agreement. INSURANCES Reasonable and adequate coverage will be maintained to protect the Commission's interests as well as the Commission and the Commission's employees. The following insurance policies shall be kept on a yearly basis: Commercial Property Insurance, Bond Insurance, Employee's Life Insurance,Workers Compensation Insurance,Long-Term Disability Insurance, and Employee's Health&Dental Insurance. Insurance Policies shall be carefully reviewed by the Executive Director before renewal each year. BONDING All persons with access to the Commission's funds shall be covered through a Bond Insurance policy. PROPERTY AND EQUIPMENT Property and equipment purchases shall be stated at cost. Purchase,installation and maintenance of telephone equipment,telephone lines, office equipment, computer equipment,etc. shall be approved by the Chair after discussion and approval by the Executive Director. CONFIDENTIALITY AND RECORDS SECURITY Access to personal and protected information shall be restricted to relevant Parties. DOCUMENT RETENTION Financial documents are retained for a period of time in keeping with State law. 1-494 Corridor Commission Financial Policies and Procedures 2017 Page 4 TAX REPORTING The Commission is exempt from federal income taxes. Accordingly,no provisions for income taxes shall be reflected in the financial statements. ADDENDA TO THE FINANCIAL POLICIES AND PROCEDURES ADDENDUM 1 I-494 Corridor Commission Dues Calculation Each Party shall pay to the Commission an annual amount calculated by multiplying$.34 times the number of the Party's inhabitants based on the most recent census certified population estimate of the Metropolitan Council. 1-494 Corridor Commission Financial Policies and Procedures 2017 Page 5 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar November 14, 2017 ITEM NO.: DEPARTMENT/DIVISION: ITEM DESCRIPTION: VIII.H. Aditi Salunke, IT Manager Upgrade Storage Area Network(SAN) Administration Requested Action Move to: Approve purchase and implementation of Storage Area Network(SAN) from Xigent Solutions, LLC in the amount of$213,000. Synopsis Xigent's quote in the amount of$213,000 incudes 6 years of monthly support including updates and patch management. Lifespan of our current NetApp is reaching End of Life (EOL). Additionally, several new implementations (New World upgrade to Enterprise CAD, SIRE Replacement, e-Plan implementation and other projects) require an increase in storage capacity. In order to meet these requirements, we need to upgrade our current SAN in both our primary and Disaster Recovery(DR) data centers. Background IT staff worked with Xigent, Sirius, and Works Computing on various options for increasing storage space on our network. The following options were reviewed: • Upgrade to a larger NetApp (Xigent) • A combination of NetApp and Pure Storage (Works Computing) • Replace NetApp with Pure Storage (Works Computing) • Replace NetApp with Tintri (Sirius) IT staff worked with vendors to analyze these options for functionality, reliability and support including ease of migration, setup, updates, maintenance options, vendor stability, reliability and availability of 24/7 staff as well as past experiences with the vendors. Based on our analysis, we recommend moving forward with replacing our current NetApp with an upgraded NetApp at our Primary data center (City Center) and Disaster Recovery data center (Community Center) locations. We also recommend working with Xigent Solutions, LLC for this project. We have worked with Xigent on several projects in the past. Based on their knowledgeable staff and expertise with NetApp, along with a robust service and support agreement, Xigent will be a good fit for this implementation. Attachments 1. Xigent a. Quote b. Agreement: Xigent Agreement c. Exhibit A: Implementation SOW d. Exhibit B: Support Services SOW 2. Works Computing quotes a. Storage Pricing samples with 4 Years for City of Eden Prairie 9-27-17 3. Sirius a. Quote: 092917 City of EP - Tintri (EC6030 AFA 36mos) PR229753.1 b. Quote: 092917 City of EP - Tintri (T820 Hybrid 36mos) PR229753.2 `+rXoGENT XIGENT Xigent Solutions,LLC Quotation: 15027018-5/6 YR 17200lym th,Medina N Roa4,Suite 800 �I. T I 0 N i Date: 11/3/2017 Plymouth,MN 55447-1295 • Andrew Schmelzle Customer Information P: (651)495-5787 ,i I i,i I i, Contact: James Goldenstein F: (952)525-0707 C I SC 0. g�J vrnwaree Pa Company: City of Eden Prairie M:(612)396-5151 NetApp- invent Phone: 952-949-8544 ® schmelzlea(c�xigentsolutions.com E-mail: jgoldenstein(aedenprairie.orq © www.xigentsolutions.com THIS QUOTE IS VALID 30 DAYS FROM DATE OF ISSUE e 0 - - Unit Total HARDWARE 1 AFF-A200-SYS-SC A200 Array $ - $ - 2 AFF-A200A-002-SC AFF-A200A Flash Bundle $ - $ - 1 AFF-A200A-EXP-103 AFF A200,HA,24X960 GB SSD,Flash Bundle,NVE $ 21,002.10 $ 21,002.10 1 X-02659-00 Rail Kit,4-Post,Rnd/Sg-Hole,Ad1,24-32 $ 71.21 $ 71.21 2 X800-42U-R6 Power Cable,In-Cabinet,C13-C14 $ - $ - 1 FAS2650-SYS-SC FAS2650A $ - $ - 2 FAS2650A-002-SC FAS2650A Premium Bundle $ - $ - 1 FAS2650A-EXP-119 FAS2650,HA,24X1.8TB SAS,Premium Bundle,NVE $ 18,408.54 $ 18,408.54 2 X800-42U-R6 Power Cable,In-Cabinet,C13-C14 $ - $ - 1 X-02659-00 Rail Kit,4-Post,Rnd/Sg-Hole,Ad1,24-32 $ 121.95 $ 121.95 4 X-SFP-HIOGB-CU3M-R6 Cable,Cisco 10GBase Copper SFP+3m $ 100.00 $ 400.00 4 X-SFP-HIOGB-CU5M-R6 Cable,Cisco 10GBase Copper SFP+5m $ 124.00 $ 496.00 SOFTWARE 2 SW-2-A200A-NVE-C SW,Data at Rest Encryption Enabled,A200,-C $ - $ - 2 DATA-AT-REST-ENCRYPTION Data at Rest Encryption Capable Operating Sys $ - $ - 230 SW-FLASH-BUNDLE-1P-P ONTAP,Per-0.1TB,FlashBundle,Ult-Perf,1P,-P $ 181.32 $ 41,703.60 1 SW-2-CL-BASE SW-2,Base,CL,Node $ - $ - 2 SW-2-2650A-NVE-C SW,Data at Rest Encryption Enabled,2650A,-C $ - $ - 1 SW-2-CL-BASE SW-2,Base,CL,Node $ - $ - 2 DATA-AT-REST-ENCRYPTION Data at Rest Encryption Capable Operating Sys $ - $ - 432 OS-ONTAP1-CAP2-PREM-1P-P ONTAP,Per-0.1TB,PREMBNDL,Perf,1P,-P $ 58.91 $ 25,449.12 SERVICES Mr 1 X-PS Xigent Professional Services for onsite installation and configuration $ 9,600.00 $ 9,600.00 This is an ESTIMATE(48 hours)for Xigent Professional Serivces based on our understanding of the scope of work.A formal scope of work will be defined. Travel expenses are not included in this fee. 6 X-SSA Xigent Support Services Agreement for support of NetApp A200 and 2650. 1 $ 8,625.00 $ 51,750.00 year support agreement. Support includes Updates and Patch Management, Monthly NetApp Autosupport Health Check and 12 hours of incident response cunnort_A formal crone of work will he defined_ MAINTENANCE 1 CS-02-NOINSTALL-4HR AFF A200 SupportEdge Premium 4hr Onsite,w/o Install $ 27,213.14 $ 27,213.14 Service Period Duration:72 months 1 CS-02-NOINSTALL-4HR FAS2650 SupportEdge Premium 4hr Onsite,w/o Install $ 16,095.00 $ 16,095.00 Service Period Duration:60 months "Making IT Data Management Simple" Total Hardware $ 40,499.80 Notes: Total Software $ 67,152.72 Total Services $ 61,350.00 Total Maintenance $ 43,308.14 Subtotal $ 212,310.66 Shipping&Handling TBD *Quote Total $ 212,310.66 *Does not include applicable taxes Xigent Solutions Approval: a,,, . oe 6 (Company Name) (Buyers Name) (PO Number) (Today's Date) (Buyers Signature) 1 201706 10 Contract for Goods and Services This Contract ("Contract") is made on the 7th day of November, 2017, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Xigent Solutions, LLC, a Minnesota company (hereinafter "Xigent") whose business address is 17200 Medina Road, Suite 800,Plymouth, MN 55447-1295. Preliminary Statement The City has adopted a policy regarding the selection and hiring of Xigent 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 Xigent for Purchase and Implementation of a new Storage Area Network (SAN) hereinafter referred to as the"Work". The City and Xigent agree as follows: 1. Scone of Work. Xigent agrees to provide, perform and complete all the provisions of the Work in accordance with attached Exhibit A (Statement of Work for Implementation) and Exhibit B(Statement of Work for Support Services). Any general or specific conditions,terms, agreements, consultant or industry proposal, or contract terms attached to or a part of Exhibit A or Exhibit B 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 Xigent Solutions, LLC. 3. Compensation for Services. City agrees to pay Xigent a fixed sum as noted in the Xigent quote as full and complete payment for the goods, labor, materials and/or services rendered pursuant to this Contract and as described in Exhibit A and Exhibit B. 4. Method of Payment. Xigent 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. Xigent has designated John Kutz&Chris Voigt 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. Xigent may not remove or replace the designated staff without the approval of the City. [STAFFING PROVISION REQUIRED ONLY FOR SERVICES] 6. Standard of Care. Xigent 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. Xigent 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. Xigent shall provide City with a Certificate of Insurance verifying insurance coverage before providing service to the City. b. Worker's Compensation. Xigent shall secure and maintain such insurance as will protect Xigent 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 Xigent's services under this Contract. c. Comprehensive Automobile Liability. Xigent 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. Xigent 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 Xigent, its agents, contractors and employees, or any negligent or intentional act or omission performed,taken or not performed or taken by Xigent, its agents, contractors and employees, relative to this Contract. City will indemnify and hold Xigent 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. Limitations of Liability. IN NO EVENT WILL XIGENT BE LIABLE FOR ANY INDIRECT, INCIDENTAL,EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES IN CONNECTION WITH THIS AGREEMENT,EVEN IF INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES,INCLUDING WITHOUT LIMITATION, LOSS OF DATA, DELAY IN COMPLETION OR DELIVERY OF THE SERVICES, LOST PROFITS OR GOODWILL. NOTWITHSTANDING ANYTHING TO THE CONTRARY, XIGENT'S MAXIMUM LIABILITY TO CLIENT ARISING FROM OR IN RELATION TO THIS AGREEMENT, WHETHER ARISING IN CONTRACT,TORT OR OTHERWISE, SHALL BE LIMITED TO THE INSURANCE REQUIRED BY THIS AGREEMENT. THE PARTIES AGREE THAT THE DISCLAIMERS,REMEDIES AND LIMITATIONS IN THIS AGREEMENT ARE REASONABLE IN LIGHT OF THE NATURE OF THE SERVICES, PRICING,AND RELATIONSHIP BETWEEN THE PARTIES AND CONSTITUTE A NEGOTIATED AND AGREED UPON ALLOCATION OF RISK. 10. Warranty. Xigent 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. Standard Purchasing Contract 2017 06 01 Page 2 of 6 11. Limited Warranties and Representations. a. By Xigent. Xigent warrants and represents that it will provide the Equipment and perform the Services in a manner consistent with the terms of this Agreement. b. By City. City warrants and represents that it has the full right, power,authority or permission to arrange for and authorize the performance of the Services and to agree to its obligations with respect to the Equipment consistent with the terms of this Agreement. c. No Other Warranties. OTHER THAN THE EXPRESS LIMITED WARRANTIES PROVIDED IN THIS AGREEMENT,THE PARTIES MAKE NO OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, REGARDING THIS AGREEMENT, ANY SOW, THE EQUIPMENT, OR THE SERVICES. ALL OTHER WARRANTIES AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR THAT PARTICULAR RESULTS WILL BE OBTAINED ARE EXPRESSLY WANED AND DISCLAIMED. d. Remedy for Breach of Performance of Services. City shall notify Xigent in writing within thirty (30) days of City knowing or reasonably believing that the Services performed are nonconforming or defective otherwise such claim is waived. City shall take all reasonable action to mitigate damages and provide Xigent a reasonable opportunity to cure any nonconformance or defects in Services. Any other claims by City that related to the Services must be delivered in writing to Xigent within one (1)year from the date such Services were completed or such claim is waived. 12.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 Xigent, Xigent shall be paid for services rendered until the effective date of termination. 13. Independent Contractor. At all times and for all purposes herein, Xigent is an independent contractor and not an employee of the City. No statement herein shall be construed so as to find Xigent an employee of the City. 14. Subcontract or Assisnment. Xigent shall not subcontract any part of the services to be provided under this Contract; nor may Xigent assign this Contract, or any interest arising herein,without the prior written consent of the City. 15. Services Not Provided For. No claim for services furnished by Xigent not specifically provided for in Exhibit A shall be honored by the City. Standard Purchasing Contract 2017 06 01 Page 3 of 6 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, Xigent 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, Xigent shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 19. Employees. Xigent agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Xigent 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. Xigent 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. 23. Non-Discrimination. During the performance of this Contract,Xigent shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, Standard Purchasing Contract 2017 06 01 Page 4 of 6 national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. Xigent 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. Xigent 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. Xigent 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 Xigent 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 Xigent 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 Xigent under this Contract which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. This Contract is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02,Subd 7,which is created,collected,received,stored,used, maintained,or disseminated by Xigent 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 Standard Purchasing Contract 2017 06 01 Page 5 of 6 Xigent shall comply with those requirements as if it were a government entity. All subcontracts entered into by Xigent in relation to this Contract shall contain similar Data Practices Act compliance language. 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 XIGENT By: Its: VP SHIES Standard Purchasing Contract 2017 06 01 Page 6 of 6 XIGENT PAk SOLUTIONS Xigent Solutions, LLC Exhibit A: Statement of Work for NetApp Implementation EDEN -f - // ,,,1 PRAIRIE LIVE•WORK•DREAM Prepared for City of Eden Prairie City Center 8080 Mitchell Road Eden Prairie, MN 55344 November 8, 2017 Xigent Solutions Internal Use Only ST Number: City of Eden Prairie—NetApp Implementation v1.0— 11/8/17 1 I P a g e TABLE OF CONTENTS. 1 CONFIDENTIALITY STATEMENT 4 2 EXECUTIVE SUMMARY 4 3 PROFESSIONAL SERVICES AGREEMENT. 4 4 PROJECT&SERVICES SCOPE. 4 4.1 NetApp Implementation Services 4 4.1.1 NetApp Architecture and Design 4 4.1.2 NetApp A200/2650 Storage Base Implementation. 4 4.1.3 NetApp A200/2650 Storage Optimization Activities. 5 4.2 Resource and Service Delivery Coordination. 6 4.3 Deliverables. 6 4.4 Changes. 6 4.5 Out of Scope. 6 5 SERVICE SCHEDULE 7 6 SERVICE CONTACT INFORMATION. 7 7 ASSUMPTIONS. 7 8 ROLES AND RESPONSIBILITIES. 7 8.1 Xigent Responsibilities. 7 8.2 Client Responsibilities. 8 9 LOCATION. 8 10 TERMS AND CONDITIONS. 9 10.1 Completion Criteria. 9 10.2 Fees and Invoicing 9 10.3 Cancellation and Termination. 9 10.4 SOW Acceptance. 10 12 EXHIBIT C: CHANGE REQUEST FORM 11 City of Eden Prairie—NetApp Implementation v1.0— 11/8/17 2 I P a g e Document Revision History. Revisions • Version Description John Kutz 10/31/17 1.0 Initial SOW John Kutz 11/1/17 1.1 Update SOW John Kutz 11/2/17 1.1 Final SOW City of Eden Prairie—NetApp Implementation v1.0— 11/8/17 3 I P a g e 1 CONFIDENTIALITY STATEMENT This document may contain confidential information. Each party agrees to utilize reasonable efforts to preserve confidentiality. Either party may disclose information contained in this document to internal employees as necessary. 2 EXECUTIVE SUMMARY City of Eden Prairie has requested that Xigent Solutions provide Professional Services for their IT infrastructure. Xigent has worked with James Goldenstein to identify that Xigent's Professional Services for NetApp Implementation will provide value, leveraging our experience to allow City of Eden Prairie IT staff to focus on the more demanding day to day activities of the business. The City of Eden Prairie's IT infrastructure requires oversight, support and improvements to maintain and ensure consistent performance and service levels for the organization, at the lowest overall cost to the business. Xigent Solutions will provide, through its Professional Services, oversight and support utilizing our processes, people, and technology. Working together, we will provide the resources and expertise to meet the performance and service levels the business demands, at the lowest possible cost. 3 PROFESSIONAL SERVICES AGREEMENT. The Professional Services Statement of Work(hereafter"SOW") sets forth the terms and conditions under which Xigent Solutions LLC (hereafter"Xigent") will provide professional, services ("Services") for City of Eden Prairie (hereafter"Client"). 4 PROJECT & SERVICES SCOPE. 4.1 NetApp Implementation Services 4.1.1 NetApp Architecture and Design 1. Review current environment, capabilities, performance, and trending 2. Gather business objectives and requirements 3. Gather technical objectives and requirements 4. Architect solution(s) that maps to business and technical objectives 5. Document architected solution(s) 6. Develop financial analysis outlining TCO and comparisons between proposed solutions 4.1.2 NetApp A200/2650 Storage Base Implementation. 1. Perform pre-implementation planning. City of Eden Prairie—NetApp Implementation v1.0— 11/8/17 4 1 P a g e 2. Install NetApp A200/2650 storage arrays including: • Inspection and inventory of new physical equipment. • Cluster Setup and Node Configurations • Configuration of NetApp Clustered Data ONTAP operating system in accordance with information from Client input in to the NetApp Installation Workbook • Verification of software licenses and feature functionality • Cabling of storage arrays, relevant switches, and disk shelf subsystems • Logical Storage Deployment, aggregate outlay and composition, raid group sizing, and disk subsystem performance • Perform checks on software and firmware versions. o Analysis of exposure to system (software, firmware, and hardware) bugs, configuration errors, and other risks. • Testing of AutoSupport phone home functionality • Integrated Data Protection and Backup configuration (snapshot/snapmirror/etc) , including schedules and policy based automation. • Protocol configuration and upstream data presentation • Storage Efficiency Configuration and optimization of underlying storage efficiency technologies • Networking configuration in conformance to NetApp, Cisco and Vmware Best Practices. o Network Integration with virtual/physical servers that inner-operate with the storage system. o Analysis of vSphere storage networking configuration in relation to NetApp storage. o Logical Network Configuration o Logical Network Failover Configuration o LIF distribution and network load-balancing o Security, on-box firewalling, and system accessibility configuration o Redundancy and multi-pathing configuration 3. Assistance with Non-Storage VMotion Data Migration Tasks Utilizing the 7mtt Migration Toolset 4.1.3 NetApp A200/2650 Storage Optimization Activities. Xigent to perform the following optimization activities 1. Documentation called "As Built Configuration" will be defined as follows: a. NetApp as configured. 2. Rapid Deep-Dive Training on Clustered Data ONTAP management, monitoring, and administration tasks. Architectural overview and highlights of differences between 7mode and CDOT. 3. Deployment of NetApp management and monitoring toolsets, including: a. OnCommand Systems Manager b. OnCommand Unified Manager c. OnCommand Performance Manager City of Eden Prairie-NetApp Implementation v1.0- 11/8/17 4.2 Resource and Service Delivery Coordination. Resource and service delivery coordination is included as part of this services agreement. These delivery coordination services will be performed in accordance with Exhibit C: Service Specification Document. 4.3 Deliverables. The following deliverables will be provided during and upon completion of this SOW. eliverable Description Installation of Xigent will Install NetApp A200 storage array at City Center and NetApp A200 & 2650 2650 at the Community Center as described above. Project Management Kickoff Calls and Resource Coordination Implementation Implementation, Engineering Services, Confirmation of Services Configuration, Design, Architecture and Optimization Activities 4.4 Changes. If Client requires work to be performed that is outside the scope of this SOW the following process will be used to identify, evaluate and approve the change in scope: • Client submits a change request using the Change Request Form, Exhibit C. If necessary, supporting documentation must be included to provide sufficient detail for Xigent to evaluate the request. • Xigent evaluates the feasibility and impact of the request and provides estimates where applicable. • Xigent updates the Change Request Form and returns it to the client for review and approval. • If client approves the request, Xigent schedules resources to implement. If the request is not approved, no further action is taken. 4.5 Out of Scope. Xigent is responsible to perform only the services described in this SOW unless mutually agreed upon and defined in a change request. Services outside the scope include, but are not limited to: 1. Data Migration Services. 2. Implementation or training of or on the following NetApp software or products: • SnapManager Products • SnapDrive • WorkFlow Automation • VAAI/VCAI Integration • OnCommand Insight • OnCommand Cloud Manager • OnCommand Shift • SnapCenter Server City of Eden Prairie—NetApp Implementation v1.0— 11/8/17 6 I P a g e • SnapProtect • MetroCluster 5 SERVICE SCHEDULE. Service delivery will be scheduled following Xigent's receipt of the signed SOW and an accompanying purchase order. Scheduled dates for meetings and deliverables will be mutually agreed upon by Client and Xigent. All work will be conducted during normal business hours (Monday through Friday, between 8 a.m. and 5 p.m. CDT), unless otherwise agreed upon by Client and Xigent. Should you require more aggressive scheduling, please contact your Service Delivery Coordinator to determine availability. 6 SERVICE CONTACT INFORMATION. For support services calls/ requests or for planned outage notifications, there are two methods for contacting Xigent which are managed 24X7X365. • Service desk: 1-855-290-4500 • Email: servicedesk@xigentsolutions.com A ticket will be generated and sent to the appropriate client representative. The Service Specification Document, Exhibit C, illustrates the severity and response levels. 7 ASSUMPTIONS. Xigent has made certain assumptions while specifying the services detailed in this SOW. It is the Client's responsibility to identify any incorrect assumptions and take immediate action which will make all of Xigent' assumptions correct. Specific assumptions made include: • Documentation is limited to what is outlined in the Deliverables section of this document. Any additional documentation will be considered a change in scope and, as such, may affect both schedule and budget. • Xigent staff shall not be asked to perform, nor volunteer to perform, engineering and/or consulting tasks that are outside their skill sets and experience. Xigent has the right to decline a service request if the request falls outside the scope of this SOW. 8 ROLES AND RESPONSIBILITIES. 8.1 Xigent Responsibilities. Xigent Solutions' Support Services organization is responsible for completing the work and developing the deliverables for the service. Xigent will provide trained and certified professional(s) to perform the work. Xigent Solutions' Service Coordinator will work with Client to schedule resources and ensure activities are completed in a satisfactory manner. City of Eden Prairie—NetApp Implementation v1.0— 11/8/17 7 I P a g e 8.2 Client Responsibilities. • Designate a sponsor that will act as a liaison for Xigent staff during the engagement. This person will be responsible for coordinating the assistance of on-site personnel and access to IT resources during the engagement. • Perform backups of all systems affected by services performed in this SOW. Xigent is not responsible for lost data. • Provide Xigent with detailed and accurate information regarding its current infrastructure environment. • Provide power, network access, work area and other facilities as needed for Xigent resources during onsite visits and remote assistance. • Provide access to resources and information necessary for Xigent resources to be successful including staff resources, architectural information, IT planning materials, network information/documentation, etc. • Provide all hardware and/or software and licensing required to perform the Services, including ensuring that all wiring, hardware, and software required to perform the Services are in working order. • Verify the equipment location (work site) is ready for Xigent to perform supporting services. • Provide at least one (1) technical contact with system administration responsibilities and appropriate levels of access privileges to systems and information necessary to perform this service dedicated 100% for duration of this engagement. • Provide VPN access or other suitable method to allow remote support and troubleshooting where applicable and appropriate. • Provide the necessary administrative usernames and passwords for Xigent resource(s) to leverage and perform assigned tasks. • Allow Xigent to install and /or configure OnCommand Unified Manager in the client ESX environment connected to their domain. • Respond to Xigent requests that Client' resources work on issues and tasks not directly stated in this Statement of Work, but have a direct impact on the successful completion of tasks related to the service provided. 9 LOCATION. The location of services to be provided is Client location and remote. City of Eden Prairie—NetApp Implementation v1.0— 11/8/17 8 I P a g e 10 TERMS AND CONDITIONS. 10.1 Completion Criteria. The Services to be performed and the deliverable are described above. Unless specifically stated otherwise, the acceptance criteria of services performed will be the acceptance of the reported hours worked on the project by the applicable Xigent resource. 10.2 Fees and Invoicing The Professional Services outlined in this SOW will be provided on a time and materials basis. The total estimated effort and fees for the Professional Services identified in this SOW are listed in the table below. These are estimates only and include time for preparation, task delivery, documentation, project management, and travel. Xigent shall invoice Client monthly until project completion for all Services and applicable travel costs. Client shall remit payment for invoices within (30) days. Xigent will summarize for Client the services performed and expenses incurred when invoiced. Table 10.2 Estimated Hourly Professional Services Total Hours Rate Xigent NetApp Implementation Services • Internal Kickoff Call • Client Kickoff Call • Design and Architecture • Implementation • Optimization Activities • Project Management 48 $200 $9,600 • Resource Management Resource time required for the tasks listed above is estimated to be 48 hours. Time expended on those tasks that exceed this amount will be invoiced separately at $200/hour for business hours, and $225 for non-business hours. Estimated Travel - $90/trip 2 $90 $180 Total Professional Services Project $9,780 Estimate 10.3 Cancellation and Termination. In the absence of a breach by Xigent of Xigent' obligations, if Client cancels the Service or if Xigent terminates due to breach by Client, Xigent is authorized to invoice, and Client shall pay Xigent fees for Services performed through the date of cancellation. City of Eden Prairie—NetApp Implementation v1.0— 11/8/17 9 I P a g e 10.4 SOW Acceptance. This Statement of Work is the complete and exclusive agreement between Xigent and Client with regard to its subject matter, and supersede all prior oral or written proposals, agreements, representations and other communications between the parties with respect to the Consulting Services and shall prevail notwithstanding any different, conflicting or additional terms and conditions which may appear on any order or other document submitted by Client. IN WITNESS WHEREOF, the parties have caused the Statement of Work to be signed on the respective dates indicated below. The parties hereby acknowledge that they have read and do understand this Agreement and all attachments hereto, and agree to all terms and conditions stated herein. Acceptance of Statement of Work Xigent Solutions, LLC Client Name: John V. Kutz Name: Position: Service Delivery Manager Position: Signature: 97 l/ .; Signature: Date: 11-2-17 Date: City of Eden Prairie—NetApp Implementation v1.0— 11/8/17 10 I P a g e 12 EXHIBIT C: CHANGE REQUEST FORM Service Change Request. SERVICE CHANGE REQUEST CLIENT: SERVICE NAME: SUBJECT: CHANGE REQUEST # 1 REQUESTED BY: DATE: DESCRIPTION OF CHANGE (Attach supplemental documentation if necessary): IMPACT OF CHANGE (Impact to design, schedule, cost, etc.): EVALUATED BY: DATE: SOLUTION: APPROVALS CLIENT: DATE: XIGENT: DATE: Please email signed document to: kutzj i1xigentsolutions com City of Eden Prairie—NetApp Implementation v1.0— 11/8/17 11 I P a g e XIGENT PAk SOLUTIONS Xigent Solutions, LLC Exhibit B: Statement of Work for NetApp Support Services EDEN -f - A l°"1 PRAIRIE LIVE•WORK•DREAM Prepared for City of Eden Prairie City Center 8080 Mitchell Road Eden Prairie, MN 55344 November 8, 2017 Xigent Solutions Internal Use Only ST Number: City of Eden Prairie—NetApp Support Services v1.0— 11/8/17 1 I P a g e TABLE OF CONTENTS. 1 CONFIDENTIALITY STATEMENT 4 2 EXECUTIVE SUMMARY 4 3 SUPPORT SERVICES AGREEMENT. 4 4 SUPPORT SERVICES SCOPE. 4 4.1 NetApp Support Services Overview 4 4.2 Resource and Service Delivery Coordination. 5 4.3 Deliverables. 5 4.4 Changes. 5 4.5 Out of Scope. 5 5 SERVICE SCHEDULE 6 6 SERVICE CONTACT INFORMATION. 6 7 ASSUMPTIONS. 6 8 ROLES AND RESPONSIBILITIES. 6 8.1 Xigent Responsibilities. 6 8.2 Client Responsibilities. 7 9 LOCATION. 7 10 TERMS AND CONDITIONS. 8 10.1 Completion Criteria. 8 10.2 Fees. 8 10.3 Invoicing. 8 10.4 Cancellation and Termination. 9 10.5 SOW Acceptance. 9 12 EXHIBIT D: SERVICE SPECIFICATION DOCUMENT 10 13 EXHIBIT C: CHANGE REQUEST FORM 12 City of Eden Prairie—NetApp Support Services v1.0— 11/8/17 2 I P a g e Document Revision History. Revisions 11 Name Version Description John Kutz 10/31/17 1.0 Initial SOW John Kutz 11/1/17 1.1 Update SOW City of Eden Prairie—NetApp Support Services v1.0— 11/8/17 3 I P a g e 1 CONFIDENTIALITY STATEMENT This document may contain confidential information. Each party agrees to utilize reasonable efforts to preserve confidentiality. Either party may disclose information contained in this document to internal employees as necessary. 2 EXECUTIVE SUMMARY City of Eden Prairie has requested that Xigent Solutions provide support services for their IT infrastructure. Xigent has worked with James Goldenstein to identify that Support Services offering will provide value, leveraging our experience to allow City of Eden Prairie IT staff to focus on the more demanding day to day activities of the business. The City of Eden Prairie's IT infrastructure requires oversight, support and improvements to maintain and ensure consistent performance and service levels for the organization, at the lowest overall cost to the business. Xigent Solutions will provide, through its Support Services, oversight and support utilizing our processes, people, and technology. Working together, we will provide the resources and expertise to meet the performance and service levels the business demands, at the lowest possible cost. 3 SUPPORT SERVICES AGREEMENT. The Support Services Statement of Work(hereafter"SOW") sets forth the terms and conditions under which Xigent Solutions LLC (hereafter"Xigent") will provide support services ("Services") for City of Eden Prairie (hereafter"Client"). 4 SUPPORT SERVICES SCOPE. 4.1 NetApp Support Services Overview Xigent, through its employees or other agents will provide to Client the Services described below. This SOW addresses the infrastructure components, processes and oversight Xigent and Client agree will be provided to address the needs of the business. ➢ Operational Support & Incident Management Xigent will provide time, on a monthly basis, to review the current state of the storage platform via NetApp Autosupport. Xigent will notify the client of any items that require resolution to maintain the storage. Xigent will provide time to respond to ad-hoc service, support requests and to assist with incident resolution. ➢ Update and Patch Management Xigent will perform the following update and patch management activities to software and firmware associated with the NetApp infrastructure environment. 1. Identify patch and update announcements from vendors City of Eden Prairie—NetApp Support Services v1.0— 11/8/17 4 1 P a g e 2. Evaluate the scope of the patch or update, applicability to Client's environment, and the stability of the patch or update 3. Recommend timing to apply the patch or update (part of regular patch/update release cycle, or emergency cycle) 4. Work with Client to deploy patch or update 4.2 Resource and Service Delivery Coordination. Resource and service delivery coordination is included as part of this services agreement. These delivery coordination services will be performed in accordance with Exhibit D: Service Specification Document. 4.3 Deliverables. The following deliverables will be provided during and upon completion of this SOW. cription 117 Operational Support Monthly operational review of NetApp Autosupport. Update & Patch Updates and patches applied per Exhibit D. Management Incident Participation in Incident Resolution per Exhibit D. Management 4.4 Changes. If Client requires work to be performed that is outside the scope of this SOW the following process will be used to identify, evaluate and approve the change in scope: • Client submits a change request using the Change Request Form, Exhibit C. If necessary, supporting documentation must be included to provide sufficient detail for Xigent to evaluate the request. • Xigent evaluates the feasibility and impact of the request and provides estimates where applicable. • Xigent updates the Change Request Form and returns it to the client for review and approval. • If client approves the request, Xigent schedules resources to implement. If the request is not approved, no further action is taken. 4.5 Out of Scope. Xigent is responsible to perform only the services described in this SOW unless mutually agreed upon and defined in a change request. City of Eden Prairie—NetApp Support Services v1.0—11/8/17 5 I P a g e 5 SERVICE SCHEDULE. Service delivery will be scheduled following Xigent's receipt of the signed SOW and an accompanying purchase order. Scheduled dates for meetings and deliverables will be mutually agreed upon by Client and Xigent. All work will be conducted during normal business hours (Monday through Friday, between 8 a.m. and 5 p.m. CDT), unless otherwise agreed upon by Client and Xigent. Should you require more aggressive scheduling, please contact your Service Delivery Coordinator to determine availability. 6 SERVICE CONTACT INFORMATION. For support services calls/ requests or for planned outage notifications, there are two methods for contacting Xigent which are managed 24X7X365. • Service desk: 1-855-290-4500 • Email: servicedesk@xigentsolutions.com A ticket will be generated and sent to the appropriate client representative. The Service Specification Document, Exhibit D, illustrates the severity and response levels. 7 ASSUMPTIONS. Xigent has made certain assumptions while specifying the services detailed in this SOW. It is the Client's responsibility to identify any incorrect assumptions and take immediate action which will make all of Xigent' assumptions correct. Specific assumptions made include: • Documentation is limited to what is outlined in the Deliverables section of this document. Any additional documentation will be considered a change in scope and, as such, may affect both schedule and budget. • Xigent staff shall not be asked to perform, nor volunteer to perform, engineering and/or consulting tasks that are outside their skill sets and experience. Xigent has the right to decline a service request if the request falls outside the scope of this SOW. 8 ROLES AND RESPONSIBILITIES. 8.1 Xigent Responsibilities. Xigent Solutions' Support Services organization is responsible for completing the work and developing the deliverables for the service. Xigent will provide trained and certified professional(s) to perform the work. Xigent Solutions' Service Coordinator will work with Client to schedule resources and ensure activities are completed in a satisfactory manner. City of Eden Prairie—NetApp Support Services v1.0—11/8/17 6 I P a g e 8.2 Client Responsibilities. • Designate a sponsor that will act as a liaison for Xigent staff during the engagement. This person will be responsible for coordinating the assistance of on-site personnel and access to IT resources during the engagement. • Perform backups of all systems affected by services performed in this SOW. Xigent is not responsible for lost data. • Provide Xigent with detailed and accurate information regarding its current infrastructure environment. • Provide power, network access, work area and other facilities as needed for Xigent resources during onsite visits and remote assistance. • Provide access to resources and information necessary for Xigent resources to be successful including staff resources, architectural information, IT planning materials, network information/documentation, etc. • Provide all hardware and/or software and licensing required to perform the Services, including ensuring that all wiring, hardware, and software required to perform the Services are in working order. • Verify the equipment location (work site) is ready for Xigent to perform supporting services. • Provide at least one (1) technical contact with system administration responsibilities and appropriate levels of access privileges to systems and information necessary to perform this service dedicated 100% for duration of this engagement. • Provide VPN access or other suitable method to allow remote support and troubleshooting where applicable and appropriate. • Provide the necessary administrative usernames and passwords for Xigent resource(s) to leverage and perform assigned tasks. • Allow Xigent to install and /or configure OnCommand Unified Manager in the client ESX environment connected to their domain. • Respond to Xigent requests that Client' resources work on issues and tasks not directly stated in this Statement of Work, but have a direct impact on the successful completion of tasks related to the service provided. 9 LOCATION. The location of services to be provided is Remote City of Eden Prairie—NetApp Support Services v1.0— 11/8/17 10 TERMS AND CONDITIONS. 10.1 Completion Criteria. The services to be performed and the deliverable are described above. Unless specifically stated otherwise, the acceptance criteria will be the acceptance of the reported hours worked by the applicable Xigent consulting resource. 10.2 Fees. The Support Services is a pre-paid (72) seventy-two month contract with the total estimated effort and fees for the Support Services and Project Services identified in this SOW listed in tables 10.2 below. Xigent will review and maintain annual blocks of time for support services and incident request (12 hrs). Approved hours worked above the allocated 12 hours for Incident Response and Service Requests will be billed per the hourly rates listed in the fee table below. Travel within the 7 county Twin Cities, and Sioux Falls Metro areas will be billed a $90 trip charge. Travel outside of Metro areas will be billed at $90/hour. Any other incidental travel expenses incurred by Xigent in provision thereof will be billed at actual. Xigent reserves the right to increase managed service fees by up to 5% annually. Table 10.2 Total Contract Support Services Yearly Fee (6 Year) Xigent Support Services • *Incident Response & Service Requests • Operational Support • Update & Patch Management * Xigent has included 12 hours annually for Incident $8,625 $51,750 Response and Service Requests. Time expended on Incident Response or Service Requests that exceed this amount will be invoiced separately at $200/hour for business hours, and $225 for non-business hours. Total Support Services $8,625 $51,750 10.3 Invoicing. Upon execution of the agreement, Xigent will invoice for the entire 6-year Support Services contract for the fees listed above and Client shall remit payment for invoices within (30) days of invoice. Xigent will summarize services performed and expenses incurred when invoiced to Client. City of Eden Prairie—NetApp Support Services v1.0— 11/8/17 8 I P a g e 10.4 Cancellation and Termination. In the absence of a breach by Xigent of Xigent's obligations, if Client cancels the Service or if Xigent terminates due to breach by Client, Xigent is authorized to invoice, and Client shall pay Xigent fees for Services performed through the date of cancelation including the current month of service and for any additional remaining months. 10.5 SOW Acceptance. This Statement of Work is the complete and exclusive agreement between Xigent and Client with regard to its subject matter, and supersede all prior oral or written proposals, agreements, representations and other communications between the parties with respect to the Consulting Services and shall prevail notwithstanding any different, conflicting or additional terms and conditions which may appear on any order or other document submitted by Client. IN WITNESS WHEREOF, the parties have caused the Statement of Workto be signed on the respective dates indicated below. The parties hereby acknowledge that they have read and do understand this Agreement and all attachments hereto, and agree to all terms and conditions stated herein. Acceptance of Statement of Work Xigent Solutions, LL 111= 111a Name: John V. Kutz Name: Position: ,,Service Delivery/� Manager Position: C Signature: Zrvt 21( Signature: Date: / 11-2-17 Date: City of Eden Prairie-NetApp Support Services v1.0-11/8/17 9 I P a g e 12 EXHIBIT D: SERVICE SPECIFICATION DOCUMENT Service Element Description Service Level Resource and Service Delivery Coordination Xigent Service Coordinator will • Coordinate all Xigent staff and service delivery activities. • Coordinate and facilitate kickoff, status and close out calls around services Xigent will provide. • Conduct monthly meetings with Client IT Management to review project status, prior month' accomplishments, as well as planned activities for the coming month. Meetings will be held onsite, or remotely as agreed to by Client. • Facilitate any necessary change orders and administrative tasks as necessary. • Communicate with Client at regular intervals as agreed upon. • Act as the main point of contact to the Client. Infrastructure Components&Environments NetApp A200 and 2650 arrays Non-Business Hours Non-Business hours are defined as Mon—Fri 5PM to 8AM, Saturday, Sundays, and Holidays. During this time, a client will be invoiced at the appropriate rate defined in the fee table in 10.2. Operational Support Xigent will perform activities as described in this SOW Upgrade, Update and Patch Management Xigent will review and evaluate all upgrade, update and patch announcements associated with the infrastructure components and environments described above, within 30 working days of the announcement date. Xigent will recommend the timing and approach for deploying the changes. Xigent will assist client on upgrade, update and patch deployments, and will follow the documented Client change management process provided to Xigent. This SOW will include 2 patch/update cycles Each additional update/upgrade cycle will require a minimum of: 2.25 hours per NetApp controller City of Eden Prairie—NetApp Support Services v1.0— 11/8/17 10 1 P a g e Exhibit D: Service Specification Document (continued) Service Element Description Service Level Incident Management Xigent will investigate and recommend appropriate resolution action to incidents. Xigent will respond to incidents as follows. 1) Xigent will assist Client in identifying root causes and resolving the incident associated with the infrastructure covered in this SOW. 2) Xigent will then document,track and close all incidents within the Xigent Service Desk system Xigent will respond to incidents as follows Priority Definition Response Maximum Time Commencement Time 1 -Critical Environment is down. Client is 95%within .5 95%within 1 unable to operate. hours hours 2-High Environment is degraded. 95%within 2 95%within 2 Client is impacted but able to business hours business hours operate. 3-Medium Environment is degraded. 95%within 8 95%within 16 Minor direct business impact to business hours business hours Client. 4—Service Request for variable work or 95%within 24 95%within 5 Request change. business hours business days of client approval For remote"Critical"incidents, Client will be subject to 2 hour minimum. For onsite"Critical"incidents, Client will be subject to 4 hour minimum. City of Eden Prairie—NetApp Support Services v1.0— 11/8/17 11 I P a g e 13 EXHIBIT C: CHANGE REQUEST FORM Service Change Request. SERVICE CHANGE REQUEST CLIENT: SERVICE NAME: SUBJECT: CHANGE REQUEST # 1 REQUESTED BY: DATE: DESCRIPTION OF CHANGE (Attach supplemental documentation if necessary): IMPACT OF CHANGE (Impact to design, schedule, cost, etc.): EVALUATED BY: DATE: SOLUTION: APPROVALS CLIENT: DATE: XIGENT: DATE: Please email signed document to: kutzj i1xigentsolutions com City of Eden Prairie—NetApp Support Services v1.0— 11/8/17 Pure Storage Options for the City of Eden Prairie Price 4 years Support Total NOTES: M10/10 $47,000 $46,560 $93,560 VM's and New World around 7 TB 15.35 TB Forever Flash CIFS appox 4TB + 3TB for N.W and incl.Test & Dev CIFS = 7TB M10/10 *** $36,000 $17,660 $53,600 Works will verify this with a storage assesment if chosen 15.35 TB _ No Forever Flash 40%capacity of Array Effective Capacity at a blended rate 2.8/1 w/current sizing including NW Green = 1st Recommneded for capacity vs price M10/15 $46,500 $22,900 $69,400 23.03 TB No Forever Flash Red = 3rd Recommendation capacity vs price M10/20 $54,000 $23,088 $77,088 30.71 TB No forever Flash M20/10 $84,000 $50,400 $134,400 15.35 TB Forever Flash M20/10 $84,000 $30,720 $107,000 15.35 TB No Forever Flash M20/20 $80,000 $60,960 $140,960 30.71 TB Forever Flash M20/20 $80,000 $36,970 $116,960 30.71 TB No Forever Flash NOTES: NetApp Storage Options for the City of Eden Prairie Price 5 years Support Total VM's and New World around 7 TB CIFS appox 4TB+ 3TB for N.W and incl.Test & Dev AFF FAS A200 $46,000 Included $46,000 CIFS = 7TB Express Pack 101 _ _ Works will verify this with a storage assesment if chosen Premium Software Bundle Useable: 5.9TB/Effective 11.8-29.6 Green = 1st Recommneded for capacity vs price AFF FAS A200 $84,000 Included $84,000 Red = 3rd Recommendation capacity vs price Express Pack 103 Premium Software Bundle Useable: 15.5TB/Effective 31-72.5 Dual Controller FAS 2620 for CIFs $33,000 Included $33,000 12 x 4 TB 7.2K Drives Premium Software Useable: 28TB/Effective 56- 140 � SIRIUS y SOLUTION PROPOSAL Prepared for: CITY OF EDEN PRAIRIE 8080 Mitchell Road Eden Prairie, MN 55344 Prepared By: Nate Peterson Client Executive Phone: (612) 554-5852 Email: nate.peterson@siriuscom.com Quote Date: 09/28/17 Expires: 10/28/2017 EP - RFP - Option 1 Proposal #: PR229753.1 Sirius Computer Solutions, Inc. 10100 Reunion Place, Suite 500 San Antonio, TX 78216 All information provided in this proposal is the confidential and proprietary information of Sirius and may not be disclosed,disseminated,or otherwise revealed, in whole or in part,to any party outside of CITY OF EDEN PRAIRIE. CITY OF EDEN PRAIRIE Sirius Computer Solutions,Inc. *jeSI .RIDS 8080 Mitchell Road 10100 Reunion Place,Suite 500 �]► San Antonio,TX 78216 Eden Prairie, MN 55344 www.siriuscom.com Client Executive: Quote Date:09/28/17 Nate Peterson Expires:10/28/2017 Phone:(612)554-5852 EP-RFP-Option 1 Email: Proposal#:PR229753.1 nate.peterson@siriuscom.com Part# Description Qty Ext.Sale Price SYS-EC6030-6E-COP EC6030 array,Base SW,6.2 TB SSD,Exp 2 OPT-10GBE-SFP+SR Option,dual-portloGbE,SFP+SR NIC,included in system 4 LIC-SWST-EC6030 EC6030,Software License Suite 2 SUP-EC6030-6E-PLAT-3YR Platinum Support,Hardware-36 mo 2 SUP-EC6030-SWST-PLAT-3YR Platinum Support,Hardware-36 mo 2 SUP-EC6000-MSTR-PLAT-3YR Platinum Support,Hardware-36 mo 2 SUP-TGAV-EC6030-PLAT-3YR Platinum Support,Hardware-36 mo 2 Subtotal $142,288.00 Subtotal:$142,288.00 Shipping and Handling:$569.15 Total:$142,857.15 Unless otherwise noted,the price stated herein does not include applicable taxes,which may be added at the time of invoice. The price stated above for shipping and handling is subject to change in the event Customer requests expedited shipping,whether such request is made before or after acceptance of this Purchase Authorization by Customer. This proposal is valid if ordered on or before 10/28/2017. Until Sirius receives and accepts a Purchase Order or this Purchase Authorization for the solution proposed,pricing provided in this Proposal is subject to change based on manufacturer's pricing schedule. The Products contained on this Order may be delivered to the Customer through multiple shipments based upon supplier availability,and Customer agrees to pay a partial payment of the total purchase price stated above for any such partial shipment of Products. All of the information provided in this Proposal is considered confidential and proprietary between Sirius and CITY OF EDEN PRAIRIE. Information enclosed in this Proposal may not be disclosed,disseminated,or otherwise revealed to any party outside of CITY OF EDEN PRAIRIE or any party within CITY OF EDEN PRAIRIE who is not privileged to receive such information. PURCHASE TERMS AND CONDITIONS 1.Purchase Price;Payment;Taxes. Customer agrees to pay the total purchase price as shown on the attached Sirius proposal(the'Order'),plus any applicable sales/use tax. These Purchase Terms and Conditions(the'Terms')are explicitly made a part of the Order and are hereby incorporated therein by reference. Payment is due within thirty(30)days from the date of the invoice, unless alternative terms have been agreed upon between Sirius and the client prior to the date of this proposal. Customer agrees that any payment not received by Sirius within thirty(30)days of the invoice date shall be subject to an annual interest charge of 12%,or the maximum allowed by law,whichever is less. 2.Payment by Third Party Leasing Company. If Customer enters into a lease agreement with a third party leasing company to finance the Order,Customer shall remain bound by these terms and conditions,except to the extent that the third party leasing company shall be obligated to pay the total purchase price of the Order. In the event the third party leasing company fails to make such payment, Customer shall make such payment, and Sirius shall convey title (where applicable)to Customer upon payment of the total purchase price of the Order. 3. Freight Costs; Delivery. Sirius will arrange for shipment and delivery of the Products listed in the applicable Order to the installation site. Unless specifically stated otherwise,Customer will be responsible for shipping and delivery charges. Risk of loss to the Products shall pass to Customer upon delivery at Customer's site. 4.Title;Security Interest. Title to each product(other than software)to be sold by Sirius hereunder shall pass to Customer upon delivery. Title to software is not being transferred and the right to use software included in the Order shall be governed by a separate license agreement between Customer and the software vendor. 5.Returns. No products(including Software)shall be returned to Sirius or software subscriptions cancelled by Customer without prior written approval from Sirius. Proposal#:PR229753.1 2 Sirius Confidential SIRIUS 6. Limited Warranties. Sirius represents and warrants that, at the time each product is delivered, Sirius will be the lawful owner of such product(other than software products),free and clear from any liens and encumbrances,and will have full right,power and authority to transfer good and valid title to the same to Customer.Sirius,as the lawful/authorized reseller of the products being delivered to Customer,represents and warrants that such products will be accompanied by the applicable manufacturer's or software licensor's representations and warranties (either directly through the manufacturer/software licensor or as transferred by Sirius) in accordance with the manufacturer's/software licensor's policies. Customer agrees it is relying solely on the manufacturer's representations and warranties(except as expressly set forth above) and Sirius shall have no liability or obligations with respect to any manufacturers'representations and warranties,and any claims by Customer shall be made solely against the manufacturer. Notwithstanding the foregoing,with respect to products that have been used and/or refurbished and therefore do not have any manufacturer's warranty,Sirius warrants that for a period of thirty(30)days immediately following the delivery of the products,such products will qualify for the manufacturer's maintenance agreement,if the products are both installed by the manufacturer and placed under the manufacturer's maintenance agreement prior to such installation within such thirty(30)day period;provided, that Customer's exclusive recourse for a breach of this warranty shall be either the repair or replacement of such refurbished equipment or a refund of the purchase price. After such thirty(30)day period,Customer assumes all liability for such products which are either defective or may be incomplete and Sirius will have no further liability or obligation with respect thereto. As Sirius is not the manufacturer of the products listed on the Order,Customer waives any claim against Sirius based upon(i)any infringement or alleged infringement of any patent or other intellectual property rights with respect to any products sold hereunder or any software licensed by any third party or(ii)any indemnity claim or obligation made by another against Customer arising out of any such infringement or alleged infringement. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, SIRIUS MAKES NO OTHER REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, TO CUSTOMER OR TO ANY OTHER PERSON OR ENTITY REGARDING PRODUCTS, SOFTWARE AND/OR SERVICES OR OTHER ITEMS PROVIDED BY SIRIUS UNDER THE ORDER OR THE RESULTS TO BE DERIVED FROM THE USE THEREOF, AND SIRIUS EXPRESSLY DISCLAIMS ANY REPRESENTATIONS AND WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OF TRADE OR COURSE OF PERFORMANCE, AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 7. Limitation of Liability. IN NO EVENT WILL SIRIUS BE LIABLE TO CUSTOMER FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR ANY OTHER NON-DIRECT DAMAGES INCLUDING, WITHOUT LIMITATION, LOSS OF OR DAMAGE TO DATA, LOST PROFITS OR FUTURE REVENUES, COST OF CAPITAL, LOSS OF BUSINESS REPUTATION OR OPPORTUNITY OR ANY CLAIM OR DEMAND AGAINST CUSTOMER BY ANY THIRD PARTY, HOWEVER CAUSED,WHETHER UNDER THEORY OF CONTRACT,TORT(INCLUDING NEGLIGENCE)OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SIRIUS' LIABILITY ARISING FROM OR RELATED TO THE ORDER SHALL NOT EXCEED AN AMOUNT EQUAL TO THE TOTAL AMOUNT PAID OR PAYABLE TO SIRIUS HEREUNDER.THIS LIMITATION SHALL APPLY TO THE FULLEST EXTENT PROVIDED BY LAW,AND CUSTOMER AGREES TO RELEASE SIRIUS, ITS EMPLOYEES, AFFILIATES, AND AGENTS FROM AND AGAINST ANY AND ALL LIABILITY EXCEEDING THE LIMITS STATED IN THIS PROVISION, REGARDLESS OF THE REMEDY UNDER WHICH DAMAGES ARE SOUGHT AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN. 8.Applicable Law. The Order(including these Terms)and the rights and obligations of the parties hereto shall be construed under and governed by the laws of the State of Texas,without giving effect to principles of conflict of laws. 9. Waiver of Jury Trial. EACH OF THE PARTIES TO THIS AGREEMENT WAIVES ANY RIGHT TO TRIAL BY JURY OF ANY DISPUTE OF ANY NATURE WHATSOEVER THAT MAY ARISE BETWEEN THEM, INCLUDING, BUT NOT LIMITED TO,THOSE DISPUTES RELATING TO, OR INVOLVING IN ANY WAY, THE TRANSACTIONS BETWEEN THE PARTIES,THE CONSTRUCTION,PERFORMANCE OR BREACH OF THIS AGREEMENT OR ANY OTHER AGREEMENT BETWEEN THE PARTIES, THE PROVISIONS OF ANY FEDERAL, STATE OR LOCAL LAW, REGULATION OR ORDINANCE NOTWITHSTANDING. By execution of this Agreement,each of the parties hereto acknowledges and agrees that it has had an opportunity to consult with legal counsel and that he/she/it knowingly and voluntarily waives any right to a trial by jury of any dispute pertaining to or relating in any way to the transactions contemplated by this Agreement,the provisions of any federal,state or local law,regulation or ordinance notwithstanding. 10.General. The Order(including these Terms)represents the entire and integrated agreement and understanding between the parties with respect to the attached Sirius proposal and supersedes all prior or contemporaneous understandings and agreements,whether written or oral. Neither party will be liable or deemed to be in default for any delay or failure to perform its obligations hereunder if such failure results directly or indirectly from any cause beyond its reasonable control. The Order may be executed in any number of counterparts, each of which when executed and delivered (which deliveries may be made by email or facsimile)shall be deemed to be an original,and all of which counterparts taken together shall constitute but one and the same instrument. No modification of these Terms,nor waiver of any rights hereunder, shall be valid unless in writing and signed by the party against whom the modification or waiver is sought to be enforced. The waiver of any term hereof shall in no way be construed as a waiver of any other term or breach hereof. Neither the Order nor any of its rights or duties hereunder may be assigned or transferred by Customer,unless Sirius has consented to such assignment or transfer in writing.The Order does not and is not intended to confer any rights or remedies upon any person or entity other than the parties hereto. If any provision of these Terms are held by a court of competent jurisdiction to be contrary to law or otherwise invalid or unenforceable,the remaining provisions hereof shall remain in full force and effect. This Proposal is subject to the terms and conditions of the above referenced Agreement(s). Acceptance of this Proposal by an authorized representative of CITY OF EDEN PRAIRIE will be deemed the equivalent of a Client Purchase Order,which will authorize Sirius to order the Products and Services listed in this Proposal. Proposal#:PR229753.1 3 Sirius Confidential ØSiRIUS Accepted by: Approved by: CITY OF EDEN PRAIRIE Sirius Computer Solutions,Inc. Signature of Authorized Representative Signature of Authorized Representative Bonnie M.Cerrito Printed Name Printed Name Sr.Vice President-Contracts&Financial Services Title of Authorized Representative Title of Authorized Representative Date Signed Date Signed Ship to Address: Bill to Address: Ship to contact(Name,Phone and Email): Bill to contact(Name,Phone and Email): Proposal#:PR229753.1 4 Sirius Confidential � SIRIUS y SOLUTION PROPOSAL Prepared for: CITY OF EDEN PRAIRIE 8080 Mitchell Road Eden Prairie, MN 55344 Prepared By: Nate Peterson Client Executive Phone: (612) 554-5852 Email: nate.peterson@siriuscom.com Quote Date: 09/28/17 Expires: 10/28/2017 EP - RFP - Option 2 Proposal #: PR229753.2 Sirius Computer Solutions, Inc. 10100 Reunion Place, Suite 500 San Antonio, TX 78216 All information provided in this proposal is the confidential and proprietary information of Sirius and may not be disclosed,disseminated,or otherwise revealed, in whole or in part,to any party outside of CITY OF EDEN PRAIRIE. CITY OF EDEN PRAIRIE Sirius Computer Solutions,Inc. *jeSI .RIDS 8080 Mitchell Road 10100 Reunion Place,Suite 500 �]► San Antonio,TX 78216 Eden Prairie, MN 55344 www.siriuscom.com Client Executive: Quote Date:09/28/17 Nate Peterson Expires:10/28/2017 Phone:(612)554-5852 EP-RFP-Option 2 Email: Proposal#:PR229753.2 nate.peterson@siriuscom.com Part# Description Qty Ext.Sale Price SYS-T820 T820,Base SW license&1 yr HW warranty 2 OPT-10GBE-SFP+SR Option,dual-portloGbE,SFP+SR NIC,included in system 4 LIC-SWST-T820 T820,Software license suite 2 SUP-T820-PLAT-3YR Platinum Support,Hardware-36mo 2 SUP-T820-SWST-PLAT-3YR Platinum Support,Software-36mo 2 Subtotal $145,648.00 Subtotal:$145,648.00 Shipping and Handling:$114.96 Total:$145,762.96 Unless otherwise noted,the price stated herein does not include applicable taxes,which may be added at the time of invoice. The price stated above for shipping and handling is subject to change in the event Customer requests expedited shipping,whether such request is made before or after acceptance of this Purchase Authorization by Customer. This proposal is valid if ordered on or before 10/28/2017. Until Sirius receives and accepts a Purchase Order or this Purchase Authorization for the solution proposed,pricing provided in this Proposal is subject to change based on manufacturer's pricing schedule. The Products contained on this Order may be delivered to the Customer through multiple shipments based upon supplier availability,and Customer agrees to pay a partial payment of the total purchase price stated above for any such partial shipment of Products. All of the information provided in this Proposal is considered confidential and proprietary between Sirius and CITY OF EDEN PRAIRIE. Information enclosed in this Proposal may not be disclosed,disseminated,or otherwise revealed to any party outside of CITY OF EDEN PRAIRIE or any party within CITY OF EDEN PRAIRIE who is not privileged to receive such information. PURCHASE TERMS AND CONDITIONS 1.Purchase Price;Payment;Taxes. Customer agrees to pay the total purchase price as shown on the attached Sirius proposal(the'Order'),plus any applicable sales/use tax. These Purchase Terms and Conditions(the'Terms')are explicitly made a part of the Order and are hereby incorporated therein by reference. Payment is due within thirty(30)days from the date of the invoice, unless alternative terms have been agreed upon between Sirius and the client prior to the date of this proposal. Customer agrees that any payment not received by Sirius within thirty(30)days of the invoice date shall be subject to an annual interest charge of 12%,or the maximum allowed by law,whichever is less. 2.Payment by Third Party Leasing Company. If Customer enters into a lease agreement with a third party leasing company to finance the Order,Customer shall remain bound by these terms and conditions,except to the extent that the third party leasing company shall be obligated to pay the total purchase price of the Order. In the event the third party leasing company fails to make such payment, Customer shall make such payment, and Sirius shall convey title (where applicable)to Customer upon payment of the total purchase price of the Order. 3. Freight Costs; Delivery. Sirius will arrange for shipment and delivery of the Products listed in the applicable Order to the installation site. Unless specifically stated otherwise,Customer will be responsible for shipping and delivery charges. Risk of loss to the Products shall pass to Customer upon delivery at Customer's site. 4.Title;Security Interest. Title to each product(other than software)to be sold by Sirius hereunder shall pass to Customer upon delivery. Title to software is not being transferred and the right to use software included in the Order shall be governed by a separate license agreement between Customer and the software vendor. 5.Returns. No products(including Software)shall be returned to Sirius or software subscriptions cancelled by Customer without prior written approval from Sirius. 6. Limited Warranties. Sirius represents and warrants that, at the time each product is delivered, Sirius will be the lawful owner of such product(other than software products),free and clear from any liens and encumbrances,and will have full right,power and authority to transfer good and valid title to the same to Customer.Sirius,as the lawful/authorized reseller of the products being delivered to Customer,represents and warrants that such products will be accompanied by the applicable manufacturer's or software licensor's representations and warranties (either directly through the manufacturer/software licensor or as transferred by Sirius) in accordance with the manufacturer's/software licensor's policies. Customer agrees it is relying solely on the manufacturer's representations and warranties(except as expressly set forth above) and Sirius shall have no liability or obligations with respect to any manufacturers'representations and warranties,and any claims by Customer shall be made solely against the manufacturer. Proposal#:PR229753.2 2 Sirius Confidential SIRIUS Notwithstanding the foregoing,with respect to products that have been used and/or refurbished and therefore do not have any manufacturer's warranty,Sirius warrants that for a period of thirty(30)days immediately following the delivery of the products,such products will qualify for the manufacturer's maintenance agreement,if the products are both installed by the manufacturer and placed under the manufacturer's maintenance agreement prior to such installation within such thirty(30)day period;provided, that Customer's exclusive recourse for a breach of this warranty shall be either the repair or replacement of such refurbished equipment or a refund of the purchase price. After such thirty(30)day period,Customer assumes all liability for such products which are either defective or may be incomplete and Sirius will have no further liability or obligation with respect thereto. As Sirius is not the manufacturer of the products listed on the Order,Customer waives any claim against Sirius based upon(i)any infringement or alleged infringement of any patent or other intellectual property rights with respect to any products sold hereunder or any software licensed by any third party or(ii)any indemnity claim or obligation made by another against Customer arising out of any such infringement or alleged infringement. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, SIRIUS MAKES NO OTHER REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, TO CUSTOMER OR TO ANY OTHER PERSON OR ENTITY REGARDING PRODUCTS, SOFTWARE AND/OR SERVICES OR OTHER ITEMS PROVIDED BY SIRIUS UNDER THE ORDER OR THE RESULTS TO BE DERIVED FROM THE USE THEREOF, AND SIRIUS EXPRESSLY DISCLAIMS ANY REPRESENTATIONS AND WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OF TRADE OR COURSE OF PERFORMANCE, AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 7. Limitation of Liability. IN NO EVENT WILL SIRIUS BE LIABLE TO CUSTOMER FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL,SPECIAL, PUNITIVE, OR ANY OTHER NON-DIRECT DAMAGES INCLUDING, WITHOUT LIMITATION, LOSS OF OR DAMAGE TO DATA, LOST PROFITS OR FUTURE REVENUES, COST OF CAPITAL, LOSS OF BUSINESS REPUTATION OR OPPORTUNITY OR ANY CLAIM OR DEMAND AGAINST CUSTOMER BY ANY THIRD PARTY, HOWEVER CAUSED,WHETHER UNDER THEORY OF CONTRACT,TORT(INCLUDING NEGLIGENCE)OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SIRIUS' LIABILITY ARISING FROM OR RELATED TO THE ORDER SHALL NOT EXCEED AN AMOUNT EQUAL TO THE TOTAL AMOUNT PAID OR PAYABLE TO SIRIUS HEREUNDER.THIS LIMITATION SHALL APPLY TO THE FULLEST EXTENT PROVIDED BY LAW,AND CUSTOMER AGREES TO RELEASE SIRIUS, ITS EMPLOYEES, AFFILIATES, AND AGENTS FROM AND AGAINST ANY AND ALL LIABILITY EXCEEDING THE LIMITS STATED IN THIS PROVISION, REGARDLESS OF THE REMEDY UNDER WHICH DAMAGES ARE SOUGHT AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN. 8.Applicable Law. The Order(including these Terms)and the rights and obligations of the parties hereto shall be construed under and governed by the laws of the State of Texas,without giving effect to principles of conflict of laws. 9. Waiver of Jury Trial. EACH OF THE PARTIES TO THIS AGREEMENT WAIVES ANY RIGHT TO TRIAL BY JURY OF ANY DISPUTE OF ANY NATURE WHATSOEVER THAT MAY ARISE BETWEEN THEM, INCLUDING, BUT NOT LIMITED TO,THOSE DISPUTES RELATING TO, OR INVOLVING IN ANY WAY, THE TRANSACTIONS BETWEEN THE PARTIES,THE CONSTRUCTION,PERFORMANCE OR BREACH OF THIS AGREEMENT OR ANY OTHER AGREEMENT BETWEEN THE PARTIES, THE PROVISIONS OF ANY FEDERAL, STATE OR LOCAL LAW, REGULATION OR ORDINANCE NOTWITHSTANDING. By execution of this Agreement,each of the parties hereto acknowledges and agrees that it has had an opportunity to consult with legal counsel and that he/she/it knowingly and voluntarily waives any right to a trial by jury of any dispute pertaining to or relating in any way to the transactions contemplated by this Agreement,the provisions of any federal,state or local law,regulation or ordinance notwithstanding. 10.General. The Order(including these Terms)represents the entire and integrated agreement and understanding between the parties with respect to the attached Sirius proposal and supersedes all prior or contemporaneous understandings and agreements,whether written or oral. Neither party will be liable or deemed to be in default for any delay or failure to perform its obligations hereunder if such failure results directly or indirectly from any cause beyond its reasonable control. The Order may be executed in any number of counterparts, each of which when executed and delivered (which deliveries may be made by email or facsimile)shall be deemed to be an original,and all of which counterparts taken together shall constitute but one and the same instrument. No modification of these Terms,nor waiver of any rights hereunder, shall be valid unless in writing and signed by the party against whom the modification or waiver is sought to be enforced. The waiver of any term hereof shall in no way be construed as a waiver of any other term or breach hereof. Neither the Order nor any of its rights or duties hereunder may be assigned or transferred by Customer,unless Sirius has consented to such assignment or transfer in writing.The Order does not and is not intended to confer any rights or remedies upon any person or entity other than the parties hereto. If any provision of these Terms are held by a court of competent jurisdiction to be contrary to law or otherwise invalid or unenforceable,the remaining provisions hereof shall remain in full force and effect. The provision of the maintenance services contained on this proposal will be controlled by the terms and conditions of the applicable manufacturer and/or maintenance provider(hereinafter the"Provider"),and may be subject to auto-renewal if so provided in the applicable terms and conditions. Sirius does not guarantee any rights of termination during the term of the maintenance services contained on this proposal or any renewal term,and all refund calculations are determined solely by the applicable Provider. In the event any or all of these maintenance services are terminated in accordance with the terms and conditions of the applicable Provider, Sirius will,at Customer's option,(1)pass through to Customer all applicable credits paid to Sirius by the applicable Provider,net any related costs,or(2)hold such applicable credits on account for future purchases by Customer. If the maintenance services contained on this proposal cover multiple hardware or software components, any discounts provided in this proposal may vary between such components,and all pricing information is confidential and proprietary information of the applicable Provider. This Proposal is subject to the terms and conditions of the above referenced Agreement(s). Acceptance of this Proposal by an authorized representative of CITY OF EDEN PRAIRIE will be deemed the equivalent of a Client Purchase Order,which will authorize Sirius to order the Products and Services listed in this Proposal. Proposal#:PR229753.2 3 Sirius Confidential ØSiRIUS Accepted by: Approved by: CITY OF EDEN PRAIRIE Sirius Computer Solutions,Inc. Signature of Authorized Representative Signature of Authorized Representative Bonnie M.Cerrito Printed Name Printed Name Sr.Vice President-Contracts&Financial Services Title of Authorized Representative Title of Authorized Representative Date Signed Date Signed Ship to Address: Bill to Address: Ship to contact(Name,Phone and Email): Bill to contact(Name,Phone and Email): Proposal#:PR229753.2 4 Sirius Confidential CITY COUNCIL AGENDA DATE SECTION: Consent Calendar November 14, 2017 DEPARTMENT/DIVISION ITEM DESCRIPTION ITEM NO. Dzevad Mahmutovic, Facilities Trench Drain Replacement at Fire Station 3 VIII.I. Administration Requested Action Move to: Award Contract for Trench Drain Replacement at Fire Station 3 to Flag Builders of Minnesota Inc. Synopsis Plans and specifications for the trench drain replacement at Fire Station 3 were developed by EPI and sent to 3 potential bidders, Flag Builders of Minnesota; Green Construction Services; and Metro Concrete. Here are the bids received: Flag Builders of Minnesota $56,250.00 Green Construction Services $74,900.00 Metro Concrete Declined to bid Attachments Standard City Construction Contract with Flag Builders Exhibit A, Scope of Work from Flag Builders Responsible Contractor Verification form from Flag Builders 2017 06 01 Construction Contract This Contract ("Contract") is made on the 14th day of November, 2017, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Flag Builders of Minnesota, a Minnesota ' ' ' Corporation (hereinafter "Contractor") whose business address is 715 Florida Ave. South Suite 100 Minneapolis, MN 55426. Preliminary Statement PRAI RI E LIVE-WORK-DREAM The City has adopted a policy regarding the selection and hiring of contractors to provide a variety of services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Contract is to set forth the terms and conditions for the provision of services by Contractor for replacing trench drain at Fire Station 3, hereinafter referred to as the "Work". The City and Contractor agree as follows: 1. Scope of Work/ProposaL The Contractor agrees to provide, perform and complete all the provisions of the Work in accordance with attached Exhibit A. Any general or specific conditions, terms, agreements, contractor or industry proposal, or contract terms attached to or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any manner. 2. Time of Commencement and Completion. The Work to be performed under this Contract shall be commenced immediately after execution of this Contract. The Work shall be completed by December 29 2017. 3. Compensation for Services. City agrees to pay the Contractor a fixed sum of$56,250.00 as full and complete payment for the labor, materials and services rendered pursuant to this Contract and as described in Exhibit A. a. Any changes in the scope of the work which may result in an increase to the compensation due the Contractor shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. b. If Contractor is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay. 4. Method of Payment. The Contractor shall submit to the City, on a monthly basis, an itemized invoice for services performed under this Contract. Invoices submitted shall be paid in the same manner as other claims made to the City. a. Invoices. Contractor shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Contractor shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City's project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract. Each invoice shall be accompanied by general lien waiver and further lien waivers from all subcontractors on the project waiving liens for work for which payment was requested by Contractor and paid for by City on the preceding invoice. b. Claims. To receive any payment on this Contract, pursuant to Minn. Stat. 471.38, the invoice or bill must include the following signed and dated statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." c. Final Payment. Contractor's request for final payment shall be accompanied by Contractor's affidavit that all payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the City or its property might in any way be responsible, have been paid or otherwise satisfied. Final payment, constituting the entire unpaid balance of the Contract Sum, shall be paid by the City to the Contractor when the Work has been completed, the Contract fully performed, and the City accepts the Work in writing. The acceptance of final payment shall constitute a waiver of all claims by the Contractor except those previously made in writing and identified by the Contractor as unsettled at the time of Application for Final Payment. d. Income Tax Withholding. No final payment shall be made to the Contractor until the Contractor has provided satisfactory evidence to the City that the Contractor and each of its subcontracts has complied with the provisions of Minn. Stat. Section 290.92 relating to withholding of income taxes upon wages. A certificate by the Commissioner of Revenue shall satisfy this requirement. 5. Standard of Care. Contractor shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Contractor shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Contractor's breach of this standard of care. Contractor shall put forth reasonable efforts to complete its duties in a timely manner. Contractor shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Contract. Contractor shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. Standard Construction Contract 2007 06 01 Page 2 of 13 6. Project Manager and Staffing. The Contractor shall designated a Project Manager and notify the City in writing of the identity of the Project Manager before starting work on the Project. The Project Manager shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Contractor may not remove or replace the Project Manager without the approval of the City. 7. Condition and Inspection. All goods and other materials furnished under this Contract shall be new and in current manufacture, unless otherwise specified, and all goods and work shall be of good quality, free from faults and defects and in conformance with this Contract. All goods and work not conforming to these requirements shall be considered defective. Goods shall be subject to inspection and testing by the City. Defective goods or goods not in current manufacture may be returned to the Contractor at the Contractor's expense. 8. Correction of Work. The Contractor shall promptly correct all Work rejected by the City as defective or as failing to conform under this Contract whether observed before or after completion of the Work and whether or not fabricated, installed or completed. The Contractor shall bear all costs of correcting such rejected Work. 9. Warranty. The Contractor expressly warrants and guarantees to the City that all Work performed and all materials furnished shall be in accord with the Contract and shall be free from defects in materials, workmanship, and operation which appear within a period of one year, or within such longer period as may be prescribed by law or in the terms of the Contract, from the date of City's written acceptance of the Work. The City's rights under the Contractor's warranty are not the City's exclusive remedy. The City shall have all other remedies available under this Contract, at law or in equity. Should any defects develop in the materials, workmanship or operation of the system within the specified period, upon notice from the City, the Contractor agrees, within ten (10) calendar days after receiving written notice and without expense to the City, to repair, replace and in general to perform all necessary corrective Work with regard to the defective or nonconforming Work or materials to the satisfaction of the City. THE FOREGOING SHALL NOT IN ANY MANNER LIMIT THE CITY'S REMEDY OR THE CONTRACTOR'S LIABILITY TO THOSE DEFECTS APPEARING WITHIN THE WARRANTY PERIOD. The Contractor agrees to perform the Work in a manner and at a time so as to minimize any damages sustained by the City and so as to not interfere with or in any way disrupt the operation of the City or the public. The corrective Work referred to above shall include without limitation, (a) the cost of removing the defective or nonconforming Work and materials from the site, (b) the cost of correcting all Work of other Contractors destroyed or damaged by defective or nonconforming Work and materials including the cost of removal of such damaged Work and materials form the site, and (c) the cost of correcting all damages to Work of other Contractors caused by the removal of the defective or nonconforming Work or materials. The Contractor shall post bonds to secure the warranties. Standard Construction Contract 2007 06 01 Page 3 of 13 10. Private Property. The Contractor shall not enter upon private property for any purpose without having previously obtained permission from the City. The Contractor shall be responsible for the preservation of, and shall use every precaution to prevent damage to all trees, shrubbery,plants, lawns, fences, culverts,bridges,pavements, driveways, sidewalks, etc.; all water, sewer and gas lines; all conduits; all overhead pole lines or appurtenances thereof; and all other public or private property along or adjacent to the work. 11. Removal of Construction Equipment, Tools and Supplies. At the termination of this Contract, before acceptance of the Work by the City, the Contractor shall remove all of Contractor's equipment, tools and supplies from the property of the City. Should the Contractor fail to remove such equipment, tools and supplies, the City shall have the right to remove them and deduct the cost of removal from any amount owed to Contractor. 12. Suspension of Work by City. The City may at any time suspend the Work, or any part thereof;by giving ten(10)days'notice to the Contractor in writing. The work shall be resumed by the Contractor within ten(10) days after the date fixed in the written notice from the City to the Contractor to resume. If the City's suspension of all or part of the Work causes additional expenses not due to the fault or negligence of the Contractor, the City shall reimburse the Contractor for the additional expense incurred due to suspension of the work. Claims for such compensation, with complete substantiating records, shall be filed with the City within ten(10) days after the date of order to resume Work in order to receive consideration. This paragraph shall not be construed as entitling the Contractor to compensation for delays due to inclement weather, failure to furnish additional surety or sureties specified herein, for suspension made at the request of the Contractor, or for any other delay provided for in this Contract. 13. City's Right to Carry Out the Work. If the Contractor defaults or neglects to carry out the Work in accordance with the Contract or fails to perform any provisions of the Contract, the City may, after ten (10) days written notice to the Contractor and without prejudice to any other remedy the City may have, make good such deficiencies. In such case an appropriate Change Order shall be issued deducting from the payment then or thereafter due the Contractor the cost of correcting such deficiencies. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the City. 14. City's Right to Terminate Contract and Complete the Work. The City has the right to terminate this Contract for any of the following reasons: a. The Contractor is adjudged bankrupt, makes a general assignment for the benefit of creditors, or becomes insolvent; b. Failure of Contractor to supply adequate properly skilled workmen or proper materials; c. Failure of Contractor to make prompt payment to subcontractor for material or labor; d. Any disregard of laws, ordinances or proper instructions of the City; Standard Construction Contract 2007 06 01 Page 4 of 13 e. Assignment or work without permission of the City; £ Abandonment of the work by Contractor; g. Failure to meet the work progress schedule set forth in this Contract; h. Unnecessary delay which, in the judgment of the City, will result in the work not being completed in the prescribed time. Termination of the Contract shall be preceded by ten(10) days written notice by the City to the Contractor and its surety stating the grounds for termination and the measures, if any, which must be taken to assure compliance with the Contract. The Contract shall be terminated at the expiration of such ten (10) day period unless the City Council shall withdraw its notice of termination. Upon termination of the Contract by the City, the City may, without prejudice to any other remedy the City may have, take possession of the site and of all materials, equipment, tools, construction equipment and machinery thereon owned by the Contractor and may finish the Work by whatever methods the City may deem expedient at the Contractor's expense. Upon Contract termination, the Contractor shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the contract price exceeds the expense of finishing the Work, including compensation for additional managerial and administrative services, the excess shall be paid to the Contractor. If such expense exceeds the unpaid balance,the Contractor shall pay the difference to the City. In the event that the Contractor abandons the Work, fails or refuses to complete the Work or fails to pay just claims for labor or material, the City reserves the right to charge against the Contractor all legal, engineering, or other costs resulting from such abandonment, failure or refusal. Legal costs will include the City's cost of prosecuting or defending any suit in connection with such abandonment, failure or refusal, and non-payment of claims wherein the City is made co-defendant, and the Contractor agrees to pay all costs, including reasonable attorney's fees. 15. Contractor's Right to Terminate Contract. The Contractor may terminate this Contract upon ten(10)days written notice to the City for any of the following reasons: a. If an order of any court or other public authority caused the Work to be stopped or suspended for a period of 90 days through no act or fault of the Contractor or its employees. b. If the City should fail to pay any undisputed sum owed Contractor within forty-five (45) days after the sum becomes due. 16. Performance and Payment Bonds. The Contractor shall post a Performance and Payment Bond each in an amount equal to one hundred percent (100%) of the payments due Contractor to insure the prompt and faithful performance of this Contract by Contractor and Standard Construction Contract 2007 06 01 Page 5 of 13 to insure prompt payment to the subcontractor and suppliers of the Contractor. The Bonds shall be in a form approved by the City. Contractor shall provide the Bond to the City before commencing work and together with the executed contract document. If the Performance and/or Payment Bond are not submitted as provided herein, this Contract shall be considered void. [BONDS ARE REQUIRED FOR A CONSTRUCTION CONTRACT THAT IS $100,000 OR MORE; THEY ARE OPTIONAL FOR ANY CONTRACT THAT IS LESS THAN $100,000] 17. Subcontractor. The Contractor shall bind every subcontractor and every subcontractor shall agree to be bound by the terms of this Contract as far as applicable to its work, unless specifically noted to the contrary in a subcontract approved in writing as adequate by the City. The Contractor shall pay any subcontractor involved in the performance of this Contract within the ten (10) days of the Contractor's receipt of payment by the City for undisputed services provided by the subcontractor. If the Contractor fails within that time to pay the subcontractor any undisputed amount for which the Contractor has received payment by the City, the Contractor shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of$100 or more is $10. For an unpaid balance of less than $100, the Contractor shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Contractor shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 18. Responsible Contractor Contractor warrants under oath that Contractor is in compliance with the minimum criteria required of a "responsible contractor" as that term is defined in Minnesota Statutes § 16C.285, subd. 3. Contractor has provided to City a list of all of its first-tier subcontractors and motor carriers that it intends to retain for work on the project. The Contractor has obtained from all subcontractors and motor carriers with which it will have a direct contractual relationship a signed statement under oath by an owner or officer verifying that the subcontractor or motor carrier meets all of the minimum criteria in § 16C.285, subd. 3. If Contractor retains additional subcontractors or motor carriers on the project after submitting its verification of compliance, the Contractor shall obtain verification of compliance from each additional subcontractor and motor carrier with which it has a direct contractual relationship and shall submit to the City a supplemental verification confirming the subcontractor's and motor carrier's compliance with subdivision 3, clause (7), within 14 days of retaining the additional subcontractors or motor carriers. Contractor shall submit to the City upon request copies of the signed verifications of compliance from all subcontractors and motor carriers of any tier pursuant to Minn. Stat. § 16C.285, subd. 3(7). A false statement under oath, by Contractor, subcontractor, or motor carrier, verifying compliance with any of the minimum criteria may result in termination of the Contract. Standard Construction Contract 2007 06 01 Page 6 of 13 19. Independent Contractor. Contractor is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Contract, who shall be employees, and under the direction, of Contractor and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Contractor an employee of the City. 20. Insurance. a. General Liability. Prior to starting the Work, Contractor shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Contractor or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, required by law, or the insurance coverage actually obtained by Contractor, whichever is greater. b. Contractor shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker's Compensation Statutory Limits Employer's Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General $1,000,000 property damage and bodily Liability injury per occurrence $2,000,000 general aggregate $2,000,000 Products—Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products- completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Standard Construction Contract 2007 06 01 Page 7 of 13 Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. d. Contractor shall maintain "stop gap" coverage if Contractor obtains Workers' Compensation coverage from any state fund if Employer's liability coverage is not available. e. All policies, except the Worker's Compensation Policy, shall name the "City of Eden Prairie" as an additional insured. f. All policies, except Worker's Compensation Policy, and Professional Liability Policy, shall name the "City of Eden Prairie" as an additional insured including products and completed operations. g. All polices shall contain a waiver of subrogation in favor of the City. h. All General Liability policies, Automobile Liability policies, and Umbrella policies shall contain a waiver of subrogation in favor of the City. i. All polices, except the Worker's Compensation Policy, shall insure the defense and indemnity obligations assumed by Contractor under this Contract. j. Contractor agrees to maintain all coverage required herein throughout the term of the Contract and for a minimum of two (2) years following City's written acceptance of the Work. k. It shall be Contractor's responsibility to pay any retention or deductible for the coverage's required herein. 1. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days' prior notice to the City, except that if the cancellation or non-renewal is due to non-payment, the coverages may not be terminated or non- renewed without ten (10) days' prior notice to the City. m. Contractor shall maintain in effect all insurance coverages required under this Paragraph at Contractor's sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-,unless specifically accepted by City in writing. n. A copy of the Contractor's Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Contractor's Work. Upon request a copy of the Contractor's insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Contractor has complied with all insurance requirements. Standard Construction Contract 2007 06 01 Page 8 of 13 Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Contractor of any deficiencies in such documents and receipt thereof shall not relieve Contractor from, nor be deemed a waiver of, City's right to enforce the terms of Contractor's obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. o. Effect of Contractor's Failure to Provide Insurance. If Contractor fails to provide the specified insurance, then Contractor will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City(including sole negligence) and regardless of the extent to which the underlying occurrence (i.e.,the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Contractor, its subcontractors, agents, employees or delegates. Contractor agrees that this indemnity shall be construed and applied in favor of indemnification. Contractor also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Contractor to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Contractor's insurance company. Contractor will take the action required by the City within fifteen(15) days of receiving notice from the City. 21. Indemnification. Contractor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney's fees paid, incurred or for which it may be liable resulting from any breach of this Contract by Contractor, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Contractor, its agents, contractors and employees, relative to this Contract. City will indemnify and hold Contractor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. Standard Construction Contract 2007 06 01 Page 9 of 13 22. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Contract ("Information") shall become the property of the City, but Contractor may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Contractor also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Contract does not relieve any liability on the part of the Contractor, but any use of the Information by the City or the Contractor beyond the scope of this Contract is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 23. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. GENERAL TERMS AND CONDITIONS 24. Assignment. Neither party shall assign this Contract, nor any interest arising herein, without the written consent of the other party. 25. Compliance with Laws and Regulations. In providing services hereunder, the Contractor shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Contract and entitle the City to immediately terminate this Contract. 26. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Contract. The violation of this provision renders the Contract void. 27. Counterparts. This Contract may be executed in multiple counterparts, each of which shall be considered an original. 28. Damages. In the event of a breach of this Contract by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. Standard Construction Contract 2007 06 01 Page 10 of 13 29. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to termination of this Contract and for one (1) year thereafter, without prior written consent of the former employer in each case. 30. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Contract or thereafter of any of the rights or remedies of the City under this Contract. 31. Entire Contract, Construction,Application and Interpretation. This Contract is in furtherance of the City's public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Contract shall be valid only when expressed in writing and duly signed by the parties,unless otherwise provided herein. 32. Governing Law. This Contract shall be controlled by the laws of the State of Minnesota. 33. Non-Discrimination. During the performance of this Contract, the Contractor shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Contractor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non- discrimination clause and stating that all qualified applicants will receive consideration for employment. The Contractor shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Contractor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 34. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Contract if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the Standard Construction Contract 2007 06 01 Page 11 of 13 other party, in any manner above specified, 10 days prior to the effective date of such change. 35. Rights and Remedies. The duties and obligations imposed by this Contract and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 36. Services Not Provided For. No claim for services furnished by the Contractor not specifically provided for herein shall be honored by the City. 37. Severability. The provisions of this Contract are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Contract. 38. Statutory Provisions. a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the Contractor or other parties relevant to this Contract are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Contract. b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Contractor under this Contract which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. This Contract is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Contractor in performing any of the functions of the City during performance of this Contract is subject to the requirements of the Data Practice Act and Contractor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Contractor in relation to this Contract shall contain similar Data Practices Act compliance language. 39. Waiver. Any waiver by either party of a breach of any provisions of this Contract shall not affect, in any respect, the validity of the remainder of this Contract. Executed as of the day and year first written above. Standard Construction Contract 2007 06 01 Page 12 of 13 CITY OF EDEN PRAIRIE Nancy Tyra-Lukens, Its Mayor Rick Getschow, Its City Manager Flag Builders of Minnesota Scott Cooper, Its Vice President Standard Construction Contract 2007 06 01 Page 13 of 13 Exhibit A CITY OF EDEN PRAIRIE FIRE STATION#3 2017 TRENCH DRAIN REPLACEMENT SECTION 00400- 1 EPI NO. 17-901 PROPOSAL FORM Date: /V 2. 2.0/ 7 Submitted By: �l_,I, /5,,14 ec u),////v/i:+: 7 /13,,e se, 44-/OO ,2/5, //lit STY2 Project: City of Eden Prairie Fire Station#3 2017 Trench Drain Replacement 7350 Eden Prairie Road Eden Prairie,Minnesota 55346 Submit: Facilities Division City of Eden Prairie 8080 Mitchell Road Eden Prairie, Minnesota 55344 Due: Thursday, October 5, 2017 at 10:00 AM Ladies and Gentlemen: The undersigned has carefully examined the project site locations,quantities,existing conditions and the Contract Documents for general construction work including Request for Bids, the proposal form, Standard Agreement for Contract Services, drawings, and acknowledge receipt of Addenda Number / dated /D /4 7/7, and Number dated , in accordance with the provision thereof,hereby propose to furnish all labor,materials and equipment necessary to complete all the work in accordance to the Contract Documents. The Contractor understands that in signing this proposal, he/she waives all rights to plead any misunderstanding regarding the contract work for the complete execution and coordination of all the general construction work. BASE BID Cost to perform all the coordination and general construction work as set forth in the contract documents for the City of Eden Prairie Fire Station #3 - 2017 Trench Drain Replacement project work for the sum of: t i gIkThous 4Yu t-tu^-, C--Q r�vo Dollars ($5 , -2S7). ''� ) CITY OF EDEN PRAIRIE FIRE STATION#3 2017 TRENCH DRAIN REPLACEMENT SECTION 00400 -2 EPI NO. 17-901 PROPOSAL FORM This Proposal is submitted after careful study of the Drawings and Specifications and from a personal knowledge of the building site,which knowledge was obtained from the undersigned's own source of information. Contractor will be required to provide insurance certificates to Owner prior to work start-up. In submitting this proposal,it is understood that the right is reserved by the City to reject any or all proposals and to waive informalities, all in.the City's sole discretion. This proposal may not be withdrawn after the opening of proposals, and shall be subject to acceptance by the City for a period of thirty(30) calendar days from the opening thereof If a corporation,list the State of Incorporation and the names of all officers and their titles. If a partnership, state full name of all partners (limited or general): Proposal Submitted By: Q Company Name: / BiJ&,'dJ / ,IfieSo Cc. 11e phone: 6/2.- 6 /f'7 Address: 7/r k/ tt- Sg, e- / O Date: /O /3///7 City,State: Mph , /7j/0 Zip: By: c0.-t.)17— C(70teAr Title: V. /0/'2.0• By: Title: Affix corporate seal if a corporation. END OF SECTION 00400 SECTION 00550 EPI NO. 17-901 Responsible Contractor Verification I am an owner or officer offi r' /1i v [name of bidder] ("Bidder"). I hereby verify that Bidder is in compliance with the minimum criteria required of a "responsible contractor" as that term is defined in Minnesota Statutes § 16C.285, subdivision 3, and as explained in the attached document entitled"Responsible Contractor Requirement." I further agree that Bidder has received a signed statement under oath from each subcontractor and motor carrier that Bidder intends to use to pertain). work on the project verifying that the subcontractor and motor carrier meets the minimum criteria under Minn. Stat. § 16C.285, and that Bidder will furnish such statements to the contracting authority upon request. Bidder intends to retain the following first-tier subcontractors and motor carriers for work on this project: OK If Bidder is awarded the contract for the project, I further agree that Bidder will submit the attached document entitled"Additional Subcontractor and Motor Carrier List" as required. Signed this 3° day of O G , 20 7 By: 5�-c Co-e-p-ex [printed name] [title] of re, Pdfts dame of bidder] STATE OF MINNESOTA ) ) ss. COUNTY OF/L r A ) Signed and sworn to before me on Cko Ler 30 , 20 t 7, by SGb Geier MARVIN A LISZT < ;- .as,: NOTARY PUBLIC-MINNESOTA Ts '1 My Commission Expires Jan.31,2020• Notary Public (stamp) CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar November 14, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Public Works Declare Surplus Equipment VIII.J. Paul Schlueter/Fleet Services Requested Action Move to: Declare the Electronics Property as "surplus property" and Dispose through Authorized Methods. Synopsis Periodically, City departments take an inventory of obsolete and unused equipment and identify items for disposal. The attachment lists obsolete electronic items no longer used by the City with no remaining monetary resale value. These items will be disposed of using a State of Minnesota authorized electronics recycling company. Attachment 2017 Obsolete Electronic Equipment for Disposal List 2017 Obsolete Electronic Equipment for Disposal List November 14, 2017 (Page-1) Obsolete Electrical Equipment: Item # Quantity Description 1 4 MINITOR-2 FIRE PAGERS 2 1 MINITOR-3 FIRE PAGER 3 12 MINITOR-4 FIRE PAGERS 4 1 MINITOR PAGER PROGRAMMER 5 17 MINITOR-2 CHARGERS 6 22 MINITOR-4 CHARGERS 7 16 PELCO DVRs 8 2 INTEGRAL TECH XMUXs 9 3 KEYBOARDS 10 17 TELEX IP223 11 24 TELEX IP25300 12 1 TELEX BOOM MIC 13 1 TELEX ADAPTER BOX 14 1 PHONECELL SX5 TELULAR PHONE 15 1 SUPER STACK 3COM SWITCH 16 1 SURVEY TECHNOLOGY STI-9400 17 3 SPEAKERS 18 3 VIDEO MONITORS 19 5 EATON UPSs 20 1 MOTOROLA VOICE CARD 21 1 EFJ POWER SUPPLY 22 1 MOTOROLA ROUTER CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda November 14, 2017 DEPARTMENT: ITEM DESCRIPTION: ITEM NO.: Nancy Tyra-Lukens Interfaith Understanding Day Proclamation VIII.K. Mayor Synopsis The Interfaith Circle requested the Mayor and Council Members declare Saturday,November 18, 2017 Interfaith Understanding Day in honor of their tenth anniversary of the Eden Prairie Human Rights Award-winning Thanksgiving Celebration. On this day, citizens are urged to work toward greater understanding of each other's spiritual traditions and continue to make Eden Prairie a place of mutual acceptance and peace. Attachment Proclamation PROCLAMATION City of Eden Prairie Hennepin County, Minnesota WHEREAS, Eden Prairie businesses, city government, educational and religious institutions have committed to accepting special roles and responsibilities in fostering diversity in our community; and WHEREAS, these bodies are dedicated to upholding the rights of every individual in our community to freedom, dignity, and security regardless of religious affiliation, race, ethnic heritage, gender, age, sexual orientation, physical or mental ability, or economic status; and WHEREAS, Eden Prairie leaders must regularly renew their visionary commitment to these principles; and WHEREAS, citizens of Eden Prairie and beyond have founded the Interfaith Circle in support of these community standards and values; and WHEREAS, these leaders from diverse religious backgrounds continue to generate an annual gathering of our commonly held celebration of Thanksgiving Day that celebrates our growing religious diversity and fosters respect for others; and WHEREAS, this is the tenth anniversary of the Eden Prairie Human Rights Award- winning Thanksgiving Celebration; and WHEREAS, mutual understanding fosters peace in our homes, our schools, and our city, NOW,THEREFORE, I, Nancy Tyra-Lukens, Mayor of the City of Eden Prairie, Minnesota, do hereby proclaim November 18, 2017, as Interfaith Understanding Day in the City of Eden Prairie, and urge all citizens to work toward greater understanding of each other's spiritual traditions and continue to make Eden Prairie a place of mutual acceptance and peace. ADOPTED by the Eden Prairie City Council on . Nancy Tyra-Lukens, Mayor CITY COUNCIL AGENDA DATE: SECTION: Public Hearings November, 14, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development/Planning Arby's Remodel IX.A. Janet Jeremiah/Beth Novak-Krebs Requested Action Move to: • Close the Public Hearing; and • Direct Staff to prepare an Amendment to the Developer's Agreement incorporating Staff recommendations and Council conditions. Synopsis The applicant is proposing interior and exterior remodel of the current Arby's restaurant. The building was built in 1989 and the applicant will be making changes to update the building. The proposed changes include the following: • Change exterior building elevations to a more modern façade. • Resurface and restripe the parking lot. • Add a landscaped island so the parking lot meets City code requirements. • Install a sidewalk connection to Franlo Road. • Update and re-face existing signage. All new signs will need to comply with City Code, Chapter 11.70 and will require separate sign permits. • Add landscaping to replace landscaping that has been removed over the years and not replaced. • Install new order station with canopy. • The rooftop mechanicals visible from Prairie Center Drive will be screened with premanufactured panels. The screening material will be reviewed and approved prior to the issuance of a building permit. Background In 1989, the Arby's restaurant was approved and a building was constructed on the current 1.14- acre site. The building is currently 3,510 square feet. The building faces both Prairie Center Drive and Franlo Road. Access to the parking lot comes from the private ring road around the mall. The proponent is proposing to some interior remodeling,update the building facades and building materials and make some minor site improvements. The site improvements and the exterior remodel are consistent with recently adopted City design guidelines and associated code amendments. The proposal meets the parking lot island, façade articulation, and roofline variation requirements and exceeds the landscaping requirements. The facade improvements include a change in the roof style with roof line variations, color variations and different arrangement of building materials. The building will include brick, stone, glass and some EIFS. Each of the facades meet or exceed the 75%requirement. The following figures are an example of the existing façade and the proposed façade changes. Existing building facade facing Franlo Road 7. � :r Pgst r. _ HIRING Px II MHG . „L. _., , _ ........,_. I , Proposed building façade facing Franlo Road - _------ __ U .., ..�, 1 •' 1.. n . ...... <"' I 'MkilyCFS KKK;_ 0 _,=_a VS moo... .. ti,�„o.KK. =-- Uv oa s.- va7Alc IA.iov ___. _ -._ -icoon000000 r.o.XWMPC •,00a000i0000aoor coo . -enS___. __ O°'__ ,, A' p, SW 0 _ -- i NORTH ELEVATION -o .... .4 +- �r t❑ ....._...__..._o..__...The original Developer's Agreement was approved in 1989. An amendment of the original Developer's Agreement is being prepared and will address the specific details of this project. The proposed Arby's remodel project is considered to be a Minor Amendment to an approved Site Plan and Architectural Design therefore it is being considered by the City Council only, without referral by the Planning Commission. The 120-Day Review Period Expires on December 22, 2017. Attachments Guide Plan Map Zoning Map Aerial Map Guide Plan Map:Arby's Address: 560 Prairie Center Drive Eden Prairie, MN 55344 • • JO O Ov �O i v . = ,10t4 Arby's Site rej e01111 - ii .. 4PRAIRIE CENTER 0 -o m 4 oc 0 ,,_ WIMP n O--I SHANNON 7LL 0 11/0 L AIL— (1 "TA i rilw. 21=1 City of Eden Prairie Land Use Guide Plan Map 2000-2030 Rural Residential 0.10 Units/Acre Neighborhood Commercial N Low Density Residential 0-2.5 Units/Acre Community Commercial Streams 177 Low Density/Public/Open Space - Regional Commercial —Principal Arterial —A Minor Arterial Medium Density residential 2.5-10 Units/Acre®Town Center • # it ^ —B Minor Arterial DATE Approved 03-19-03 DATE Revised 12-06-06 FIMedium Density Residential/Office - Park/Open Space —Ma or Collector DATE Revised 01-07-05 DATE Revised 03-01-07 DATE Revised 11-07-05DATE Revised 06-01-07 E D E N - High Density Residential 10-40 Units/Acre Public/Quasi-Public DATE Revised 02-2323-06 DATE Revised 10-01-07 Minor Collector DATE Revised 03-23-06 DATE Revised 03-01-08 =Airport Golf Course DATE Revised 06-23-06 DATE Revised 03-01-09 Office - Church/Cemetary PRAIRIE Y/Z Office/Industrial Open Water :11tif a rO DREAM 222 Office/Public/Open Space Right-Of-Way 340 170 M 0 ogamm�Memo.m_..„®.�o..o.a., ,• •.•.0340 Feet - Industrial QCityLimits Zoning Map - Arby's 560 Prairie Center Drive Eden Prairie, MN 55344 ri 1 . lor . MALL I �O V • • Arby's Site 1117F° 1 I ..0.4r, MN EL• • • I ive I ' m 0 o t N 1111— , � o IJ.. ljj ° P �MI 1 City of Eden Prairie Zoning Map =Rural -Regional Commercial Shoreland Management Classifications N R1-44 One Family-44,000 sf.min. -TC-C I NE I Natural Environment Waters R1-22 One Family-22,000 sf min. -TC-R I RD I Recreational Development Waters R1-13.5 One Family-13,500 sf min. -TC-MU I GD I General Development Waters(Creeks Only) f ,/, t R1-9.5 One Family-9,500 sf min. -Industrial Park-2Acre Min, ® 100- Year Floodplain RM-6.5 Multi-Family-6.7 U.P.A.max. ^Industrial Park-5Acre Min. -RM-2.5 Multi-Family-17.4 U.P.A.max. -General Industrial-5 Acre Min. Up dated through approved Ordinances#26-2008 EDEN Office Public Ordinance#33-2001(BFI Addition)approved,but not shown on this map edition 1-1PRAI PRAIRIE Neighborhood Commercial Golf Course Date:March 1,2009 Community Commercial Water In case of discrepency related to a zoning classificalon on this zoning map,the Ordinance LIVE•wOLK•ueEnM and attached legal description on file at Eden Paine Ciry Center will prevail. -Highway Commercial I Right of Way -Regional Service Commercial DCityLimits 0 0,075 0.15 Miles .wau_...m..=m._..®..g..o.a.,a ..o...,,ari,m ,..,,mo, Aerial Map: Arby's Address: 560 Prairie Center Drive Eden Prairie, Minnesota 55344 , f; .1 *„">14NZ or - Al �r „ -- 4 ~4./1' i '‘. *1 \\'`.7 \.,,,. N. .. its i 7• 1 l/ 1 Alit .. • RI ,40" \ /0 -.7" \1•4A jir— 1 tiry \fir:Illielitilli\• �, Arby's Site , - i)°1%2 - ii4 � N. 11. -4 wig,1410b x / * 1 Aottlit 4 , , 0'. .1",...- tif ' Prairie Center Drive , a. 4�� • :���.�� ��� �� 1. I �. 4 1 ce VD 4. 414. r * A 4. 1 1 111 9 I ' +11111 4 il el . II, ;" 0- ` 1 3@0 feet 'PI ��� 4 — - 'z CITY COUNCIL AGENDA DATE: SECTION: Public Hearings November 14, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Windsor Plaza—Fed Ex IX.B. Development/Planning Janet Jeremiah/Angie Perera Requested Action Move to: • Close the Public Hearing; and • Approve 1st Reading of the Ordinance for Planned Unit Development District Review on 0.24 acres; and • Direct Staff to prepare an Amendment to the Developer's Agreement incorporating Staff recommendations and Council conditions. Synopsis Proposed construction of a 6,336 square foot retail tenant space to complete the north-building pad of the Windsor Plaza building. This newly constructed tenant space will be occupied by Fed Ex, as it is relocating from Flying Cloud Drive and Eden Road due to the LRT project acquisition. Background The existing Windsor Plaza building is a 133,630 square foot, five-story mixed use building located on 4.64 acres, west of Flying Cloud Drive, and north of Regional Center Drive. The first floor includes retail tenants and a restaurant. The majority of the building has already been constructed and the Fed Ex project proposes to complete the construction of the Windsor Plaza building for the one remaining building pad that is currently available on the north side. The project site is approximately 0.24 acres in size. The property is guided as Town Center in the City's Comprehensive Guide Plan and it is currently zoned as Commercial Regional Service. The Windsor Plaza project was approved in 2007 and was designed to be consistent with the Major Center Area (MCA) Study and planning principles. The Windsor Plaza plans originally included two end cap restaurants. These restaurants were conceptual in design. Kona Grill was constructed as the south end cap restaurant in 2008. Fed Ex is seeking approvals to construct a new 6,336 square foot building on the north building pad. While Fed Ex is a retail use and not a restaurant use, the proposed use is consistent with other retail tenants on the first floor of the building and retail is also a permitted use in the Commercial Regional Service zoning district. The north building pad of the existing Windsor Plaza building is outlined in red on Image 1, below and the proposed Fed Ex building is included on Image 2 (view from Flying Cloud Drive). Image 1. North building pad Image 2. Proposed Fed Ex building L S' - _ir r _ _ r __ 111111111 �C �4 !,. _ �_iss 1 I • The exterior building materials proposed include earth-toned brick, stone, metal, and glass. The proposed design includes brick column piers consistent the existing Windsor Plaza building and a curved, circular feature at the northeast corner of the building to similarly mirror the design of Kona Grill. The proposed design and materials are consistent with the original approvals for the Windsor Plaza building. The proposed site plan also includes the completion of the original landscape plan that was approved for the Windsor Plaza. Minor alterations to the original landscape plan were approved through a previous Development Agreement amendment for the Windsor Plaza site which presently requires the north building pad to include two large planter pots and two benches. Landscape beds were previously approved in the original landscape plans. These amenities are included on the site plan and are located on the west side of the entrance into the building (see Image 3 below). The proposed landscape plan complies with previous approvals for the site and is also consistent with the landscape requirements of the City Cide. Image 3. West side of building—planter pots and benches .144EII Tp irrERh1LN6 AMER FEl119E4LElAL LYP.IASI,A MEFORMS:M.PY850M - . .1 1 = Itt :=== - :--Mr AIM ----1 RI I ill—. I 10.1 . r . T L N3C1 fl M616T crc. 120.11 190i510 hard.Easnc OWifI£ •t.2^d10 NW. FEAIEI,PSELOl1Y®SSYE 1 4L` !r.=TeyNryLSLgPW.1 S.A10M I8 II QIIHWNE PJWIERS N WTIN E161103 CIMTE FlUmnyMILME GFD,C No waivers are being requested with this application and the project is consistent with the MCA Study and Planning Principles for the Town Center. Additionally, the retail parking demand for the proposed Fed Ex project will be lower than that of a restaurant user, as was originally intended for the site. The proposed site plan complies with the City Code and architectural design standards. A separate sign permit application is required and signage must comply with the requirements of the City Code. Lighting must also comply with the City Code. Utility connections will be made to the existing sanitary sewer, water, and storm water infrastructure and will be provided during the initial phase of the building construction. Final construction documents will provide required connection details. The storm sewer, water main, and drainage and utility easements shall be required to be included on the plans and these areas shall be free from landscape. No landscape shall be located within the easements. The fire suppression and alarm system is required to meet all local and state fire codes. The proposed Fed Ex project is considered to be a Minor Amendment to an approved Site Plan and Architectural Design, and PUD therefore it is being considered by the City Council only, without referral by the Planning Commission. The 120-Day Review Period Expires on February 6, 2017. Attachments Ordinance for PUD Amendment Guide Plan Map Zoning Map Location Map WINDSOR PLAZA—FED EX CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2017-PUD- -2017 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,AMENDING CERTAIN LAND WITHIN A ZONING DISTRICT,AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT,AND,ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be amended within the Zoning District_-2017-PUD-_-2017 (hereinafter "PUD-_-2017- ) Section 3. The City Council hereby makes the following findings: A. PUD- -2017- is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-_-2017- is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-_-2017- are justified by the design of the development described therein. D. PUD- -2017- is of sufficient size, composition, and arrangement that its construction, marketing, and operation is feasible as a complete unit without dependence upon any subsequent unit. Section 4. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of , 2017, entered into between , and the City of Eden Prairie, (hereinafter"Development Agreement"). The Development Agreement contains the terms and conditions of PUD-_-2017- , and are hereby made a part hereof. Section 5. The proposal is hereby adopted and the land shall be, and hereby is amended within the District and shall be included hereafter in the Planned Unit Development -2017- , and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 6. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 14th day of November, 2017, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the day of , 2017. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on , 2017. EXHIBIT A PUD Legal Description — Tract E, Registered Land Survey No. 1794, Hennepin County, Minnesota Guide Plan Map: Windsor Plaza - Fed Ex Address: 11993 Singeltree Lane Eden Prairie, MN 55344 Amirr,,r/', „r r . 4. Aiiiiii42%fr Eden Rd. r 7 r11411 ,e,,, #. l'fi'...... Singletree Ln. I/I i jI td Flying Cloud Dr. Regional Center Rd. OINIW i *ihiti. 1 i Prairie Center Dr. r ity o Eden ' air j - firieril )111 Pla M . 4 I I 0 I 0 Rural Residential 0.10 Units/Acre Neighborhood Commercial N Low Density Residential 0-2.5 Units/Acre Community Commercial Streams 177 Low Density/Public/Open Space - Regional Commercial —Principal Arterial —A Minor Arterial Medium Density residential 2.5-10 Units/Acre 127 Town Center i # CP. it ^ —B Minor Arterial DATE Approved 03-19-03 DATE Revised 12-06-06 FIMedium Density Residential/Office - Park/Open Space —Major Collector DATE Revised 01-07-05 DATE Revised 03-01-07 DATE Revised 11-07-05DATE Revised 06-01-07 E D E N - High Density Residential 10-40 Units/Acre Public/Quasi-Public DATE Revised 02-2323-06 DATE Revised 10-01-07 Minor Collector DATE Revised 03-23-06 DATE Revised 03-01-08 =Airport Golf Course DATE Revised 06-23-06 DATE Revised 03-01-09 Office - Church/Cemetary PRAIRIE Y/Z Office/Industrial Open Water LIVE•WUKK•DHEAM '2 Office/Public/Open Space Right-Of-Way 460 230 :e0�op,. Ne mo„°m:„®�Onn :f ,n °46O EFeet - Industrial Q CityLimits Zoning Map: Windsor Plaza - Fed Ex Address: 11993 Singletree Lane Eden Prairie, MN 55344 il - Eden Rd. ---42=1 Singletree Ln. IP Flying Cloud Dr. III 4 Regional Center Rd. ow A‘i Prairie Center Dr. si /4111111111111141114:' (\_ _._ ......A11101 City of Eden Prairie Zoning Map Rural -Regional Commercial Shoreland Management Classifications N R1-44 One Family-44,000 sf.min. OTC-C 1 NE 1 Natural Environment Waters R1-22 One Family-22,000 sf min. -TC-R 1 RD 1 Recreational Development Waters R1-13.5 One Family-13,500 sf min. -TC-MU 1 GDI General Development Waters(Creeks Only) C,. t R1-9.5 One Family-9,500 sf min. I Industrial Park-2Acre Min, P7Z 100- Year Floodplain EDEN RM-6.5 Multi-Family-6.7 U.P.A.max. I Industrial Park- 5 Acre Min. -RM-2.5 Multi-Family-17.4 U.P.A.max.-General Industrial-5 Acre Min. Up dated through approved Ordinances#26-2008 Office Public Ordinance#33-2001(BFI Addition)approved,but not shown on this map edition Date:March 1,2009 PRAIRIE Neighborhood Commercial Golf Course In case of dlscrepency related to a zoning classification on this zoning map,the ordinance ''i E':'r C'^\•7 R E w h-0 Community Commercial I Water and attached legal description on file at Eden Paide City Center will prevail. -Highway Commercial I Right of Way -Regional Service Commercial OCityLimits 0 0•1 0•2 Miles .waL_o,...m..=m._..®..L...o.a.,a ..o...„7,.,T.m ,.. mo, Aerial Map: Windsor Plaza - Fed Ex Address: 11993 Singeltree Lane Eden Prairie, Minnesota 55347 ...l. r e sn • r'i..;�.. - �. x. . °�- •* _ .iFr .F • -f. _ CAR I. {; } y'. .ems 3 M vim ig *' 1� } -i Tr - } a ► , Eden Rd. , Glen Ln• . s. s r 40.1* V1- ! , t: • .- - 0.. Singletree Ln. • 111111W ---17.--- '''' id.. ,.': , :4 -47f;';;;iaf..i:..,i.r V:1 ,:, „• 'N ;l SITE _-A.ia.3'.1:!9_f" ' `' t.:+ , r Flying Cloud Dr. ' . A _. o4m ' L. j Regional Center Rd. _ _ is �' ,;..• I. lkimaki ,,Cff\": ________________ ,-.,.. 1 10# + ..:,it\ . i: je' r I Prairie Center Dr. '0 - - - " . . f. CITY COUNCIL AGENDA DATE: SECTION: Public Hearings November 14, 20I7 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Code Amendment— Self-Storage Facilities IX.C. Development/Planning Janet Jeremiah/Steve Durham Requested Action Move to: • Close the Public Hearing; and • Approve the first reading of the Ordinance to Amend City Code Section 11.02 and 11.30 defining self-storage facilities and allow as a permitted use in the Industrial General (I- Gen) zoning district Synopsis Current City Code does not provide a definition for self-storage facility or list self-storage facility as a permitted use in any specific zoning district. Historically self-storage facilities have been interpreted as similar to a warehouse use and have been permitted in the industrial zoning districts and in one instance, the commercial zoning district. The proposed code amendment by staff is to maintain the highest and best land use in the industrial and commercial districts and provide for land uses consistent with the comprehensive guide plan. As planning for new development and redevelopment opportunities occurs, the City Code will assist in providing consistency and clarity for the development community. Staff recommends that self-storage facilities be added as a permitted use in the Industrial General (I-Gen) zoning district. If approved, the four existing self-storage facilities within the City would become non- conforming and may continue to operate in accordance with the non-conforming provisions of City Code Chapter 11 and State Law. Property owners of the existing self-storage facilities have been notified of the proposed code amendment. Background Currently there are three (3) self-storage facilities located in the I-2 zoning district all developed prior to 2000. One (1) self-storage facility is located in the Commercial Regional Service (C- Reg-Ser) zoning district. Planning Commission reviewed the proposed code amendment at its September 11, 2017 meeting and requested additional information including information related to other zoning districts; economic information; and architectural standards. Staff also included information addressing how other similar communities regulate self-storage facilities. The information was shared at the October 23, 2017 Planning Commission meeting. Highlights of the requested information are in the table and bullets below: The chart below provides the Eden Prairie industrial and commercial zoning districts acreage. Zoning District Acres I-GEN District 57.3 I-5 District 373.4 I-2 District 897.8 Commercial Districts (all commercial districts excluding 644.1 TOD/TC) • There are approximately 2,000 self-storage units of varying sizes occupying approximately 20 acres currently in Eden Prairie. • Surrounding communities of Minnetonka, Woodbury, Chanhassen, Burnsville and Plymouth were surveyed regarding their regulation of self-storage facilities. Generally, the communities allow self-storage facilities as permitted uses in industrial/business park zoning districts and apply the underlying zoning district architectural standards. • According to on-line research the self-storage industry standard is to have secured property and secured access generally by electronic means. Existing facilities in Eden Prairie combine fence and electronic access security. • According to the Self-Storage Association the average number of employees in the Midwest is 3.21 employees per facility and the national average is 3.22. Reported National Salary, by Pay Scale Human Capital.com, indicates a facility manager earning approximately$30,000 a year. Additional information regarding the above bullets can be found in the October 18, 2017 Staff Report. Planning Commission Recommendation At its October 23, 2017 meeting the Planning Commission voted to: recommend approval of the amendment of the City Code, Chapter 11, to define the term self-storage facility and allow self- storage facilities as a permitted use in the Industrial zoning districts (I-2,) (I-5,) (I-Gen,) and Commercial zoning districts. The motion carried 4-2. Attachments Ordinance Staff Report dated September 6, 2017 and attachments Staff Report dated October 18, 2017 and attachments Approved Planning Commission Minutes of September 11, 2017 Unapproved Planning Commission Minutes of October 23, 2017 Metro Self-Storage Response letter October 16, 2017 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2017 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 11, SECTION 11.02 AND SECTION 11.30 RELATING TO SELF-STORAGE FACILITIES DEFINITION AND PERMITTED USE IN THE INDUSTRIAL (I-GEN) DISTRICT; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS: Section 1. City Code Chapter 11, Section 11.02 is hereby amended by inserting a definition for Self-storage facilities as follows: (items to be renumbered) "Self-Storage Facility" - A building or group of buildings designed and used for the leasing of compartmentalized individual storage space to tenants who have controlled and secure access for the sole purpose of storing personal property which is not held or offered for current or future sale. Section 2. City Code Chapter 11, Section 11.30, Subd. 2. Permitted Uses is hereby amended by inserting the following: K. Self-Storage Facility within the I-Gen zoning district. Section 11. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 12. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 14th day of November, 2017, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of , 2017. Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor Published in the Eden Prairie News on the day of , 2017. STAFF REPORT TO: Planning Commission FROM: Steve Durham, Planner II DATE: September 6, 2017 SUBJECT: Code Amendment— Self-Storage Facilities BACKGROUND: Self-storage facilities,also known as mini-storage,have historically been permitted the Industrial zoning districts under the permitted use of warehouse. Currently there are three(3)self-storage facilities in the I-2 zoning district all developed prior to 2000. One(1)self-storage facility is located in the Commercial Regional Service (C-Reg-Ser) zoning district. City Code does not define self-storage nor specifically identify as a permitted use where self-storage facilities may locate. DISCUSSION: Staff has conducted a regional and local review of city codes related to self-storage facilities. The term self-storage facility is the preferred terminology noted in city codes and in the self-storage industry.The local and national research reveals self-storage facilities generally occur in the industrial and/or commercial districts as determined by local controls and there are varying degrees of architectural and exterior building material requirements again as determined by a city. The traditional self-storage facilities developed in Eden Prairie in the 1970's, 80's and 90's generally have industrial type architecture and building materials with overhead doors. Industrial I-2,I-5 and the commercial zoning districts do no permit outdoor storage for items such as recreational vehicles, automobiles, etc. The one facility located in the commercial zoning district was designed to have architectural features and exterior building materials of commercial character and is vertically designed with elevators and drive-in bays for loading and unloading. This code amendment proposed to define and list self-storage facility as a permitted use in the Industrial I-Gen district in order to preserve commercial properties for the highest and best commercial use.The I- 2 and 1-5 Industrial Districts would be preserved for office/high tech uses. Staff recommends the following self-storage facility definition: "Self-Storage Facility" -A building or group of buildings designed and used for the leasing of compartmentalized individual storage space to tenants who have controlled and secure access for the sole purpose of storing personal property which is not held or offered for current or future sale. If this amendment is approved, the existing four (4) self-storage facilities would become non- conforming, but would be able to remain and be maintained, but not expand consistent with the non- conforming use language in City Code and State Statute. The existing property owners of self-storage facilities have been notified via US mail and letter of the proposed code change. Attached is a map locating the existing self-storage facilities locations and the I-Gen sites within the City. STAFF RECOMMENDATION: Staff recommends approval of the following: Amend Section 11.02 Definitions to include a definition for Self-Storage Facility; Amend Section 11.30 Industrial District include Self-Storage Facility as a permitted use in the Industrial(I-Gen)district, as represented in the Planning Commission Staff report dated September 6, 2017. 2 _ "2, :._ - 9.1 = 4(T�'•!_'..... r ��•�•/_ pir=-111,1,"- ' --_- -• l I "; ;�r = I ;;;_' `-..,I_a- ���^I.OiLMI...,_I Existing Self-Storage ^ NM j/A� lr ,�% :- ,III InF=cL. •':►, its 1 I-Gen lor �,01r I€=''• y ` i� "'a�® ' ' ' _ ;::>: .11 Facilit .a z�•i/,,,,�� ,III = ' ," — herg- .,�� , r�,..f/ d rr;, �Q►..r""" auarl�'�1-:_ ri�all .1 ;'\►� f �I _�Q/. �.,fut :.i:'-' or ."..: l =__'... Ir• � lei �. .0 •I V.i-I'�• ///�40 -r.� sa 1 4:i.'r...,. 1 %/P .,;„. I •• G -..■■■ . III..:: Ciiw•��� III:,.® L IIII :..• I� `l �; _�,�`;i%-.,•C� i.••• 1V:i....342 " ,_ �11����, �� .,,, IIIIU,,,v,.��_`„,mi \�••.r. ..-�C•,- /u..u:' luau.\ - ] IIII ./,:`,. 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I-Gen k '� , 1.�,•,. 0 Existing Self Storage Facilities 0 0.5 1 2 Miles N Q Properties zoned I-General I I I I I I I I I DATE: 09-06-17 STAFF REPORT TO: Planning Commission FROM: Steve Durham, Planner II DATE: October 18, 2017 SUBJECT: Code Amendment— Self-Storage Facilities BACKGROUND: Planning Commission reviewed a code amendment related to self-storage facilities at its September 11, 2017 meeting.At the September 11 meeting,staff recommended approval of a text amendment to define self-storage facilities and list them as a permitted use in the I-GEN district. The item was continued to allow the opportunity for additional Planning Commission members to provide input and in order for staff to provide additional information on the following topics: information related to zoning districts; architectural standards/process; and economics. Please see the attached Planning Commission Staff Report dated September 9, 2017 for the initial information shared with the Commission. DISCUSSION: Zoning Districts: Attached are maps of Eden Prairie highlighting the locations of properties within the industrial and commercial zoning districts. There is a total of 1,328.5 acres zoned industrial and 644.1 acres zoned commercial (excluding TOD/TC areas). The chart below provides the industrial zoning district and commercial districts acreage. Zoning District Acres I-GEN District 57.3 I-5 District 373.4 I-2 District 897.8 Commercial Districts (all commercial districts excluding TOD/TC) 644.1 As shown in the table, the City has twice as much acreage zoned for industrial uses as it does for commercial uses. A substantial amount of the property zoned I2 and I5 is located within the Golden Triangle Area(GTA). The Comprehensive Plan provides for the anticipated redevelopment of the GTA to include higher density residential development,provide for additional accessibility and connectivity to enhance transit and pedestrian accessibility, and continuation of industrial,research and development, and office-tech uses. In 2004,the City conducted the Golden Triangle Area Study. This study evaluated alternative land use patterns and road and transit improvements that would lessen traffic congestion while allowing continued redevelopment. The study resulted in a preferred land use plan that includes a mixed use development node near the future LRT station and the addition of housing units. The plan also shows future land use outside of the mixed use areas as industrial-office uses with the potential for higher intensity office or residential uses. Self-storage facilities are traditionally low intensity, include secured access,and generate minimal employment opportunities. The use does not promote pedestrian connections, activated spaces, or redevelopment opportunities. The development of additional self- storage facilities in this area would not support the policies set forth in the Comprehensive Plan. The majority of commercial zoned parcels are in close proximity to Prairie Center Drive or located within small hubs in the eastern or western portion of the City. The smaller commercial hubs are adjacent to residential areas providing essential daily retail services and employment opportunity. Preservation of guided and zoned commercial property to enrich retail services in concentrated populated areas along with employment opportunity is a directive of the Comprehensive Plan. Current self-storage facilities in Eden Prairie occupy/provide: Building square feet of self-storage/Land Area Approximate number of self-storage units Acreage 376,594 square feet building area/ 19.95 acres 2000 units The self-storage units are of varying sizes.No facilities have outdoor storage. As stated in the Sept. 11, 2017 memorandum,three of these facilities are located in the 12 zone and one is located in Com-Reg-Ser zoning district. Architectural Standards &Process: Eden Prairie's exterior building material requirements are based on the underlying zoning district.In the Industrial and Commercial districts,buildings are required to have 75%Class I material and 25%Class II materials. Please see below for research regarding how other metropolitan communities address architecture and locations for self-storage facilities. None of the surveyed communities provided for architectural standards specific to self-storage facilities. All communities applied the architectural requirements of the corresponding zoning district. The percent of required Class I and Class II building material for those communities was similar to that required in Eden Prairie. Three self-storage properties in Eden Prairie are enclosed by a fence with secured entry access/exit to the property. One facility has access to the storage unit by either interior or exterior access and is not fenced. According to on-line research the self-storage industry standard is to have secured property and secured access generally by electronic means. City Location Permitted Architectural Standards Minnetonka Permitted use in Industrial (Ti) Standard architectural District only requirements applied Woodbury CUP in Business Campus Standard architectural District—not allowed along requirements applied arterial or collector streets Chanhassen Permitted use in Industrial Standard architectural District; CUP in Business requirements applied 2 Fringe District Burnsville Permitted use in Industrial Standard architectural Districts and Highway requirements applied Commercial District Plymouth Permitted Use in Industrial Standard architectural Districts requirements applied Eden Prairie's City Code does not utilize Conditional Use Permits(CUP)in the same manner that many other communities do. Historically,the City of Eden Prairie has utilized the Planned Unit Development (PUD)process and Development Agreements to accomplish similar goals and outcomes. Economics: According to the Self-Storage Association's,"Self-Storage Introductory Guide,"the average number of employees in the Midwest is 3.21 employees per facility and the national average is 3.22. Reported National Salary, by Pay Scale Human Capital.com, indicates a facility manager at approximately $30,000 a year. STAFF RECOMMENDATION: The code amendment is proposed to define and list self-storage facility as a permitted use in the Industrial I-Gen district in order to preserve commercial properties for the highest and best commercial use. The I-2 and I-5 Industrial Districts would be preserved for office/high tech uses. Staff recommends the following self-storage facility definition: "Self-Storage Facility"-A building or group of buildings designed and used for the leasing of compartmentalized individual storage space to tenants who have controlled and secure access for the sole purpose of storing personal property which is not held or offered for current or future sale. Recommend approval of the following: Amend Section 11.02 Definitions to include a definition for Self-Storage Facility; Amend Section 11.30 Industrial District include Self-Storage Facility as a permitted use in the Industrial(I-Gen)district, as represented in the Planning Commission Staff report dated September 6, 2017 and Planning Commission Staff Report dated October 18, 2017. 3 :-wow le_P.�' i11•'p x� _ -- ice.. - - - - ,�.mnnll! �n r�-1, ��� ►�1.1 _ • ♦ly ��x ■ f�.� , _ 11�� ��/�I •III. ���0, �-� 4,1c7.31 1 9 1�.1'1:1rE _•66 ='ili aI''�♦ -` ■- A/ `� 1 i /, �11.114='aii16� �e -\ l- �I� IIIIID`\\O •I. n h .♦ .11�. v9q� ■I PIS��� �� 'I 1/ / ♦ I/�I�.- ��._. r �.�4■ I`�I Hh, 1. �. 1 �� 1.4*41111tVi) - /mod■ i■DI/1 Ri - T:■ is♦/ '1. ,a ♦ __ o /! 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N E AlpoJ "gmlum r,,,l i ►II 4• w► dio$L.■.t o I •4l is Ill►�O:�Si,,/IIII.47m moa. J11• rI ,.....,........„,... ..., - ----=--- .i iiii_i # ..., "um . 1 r N r \ Industrial I-Gen properties A \ I , 0 0.275 0.55 1 .1 1 .65 2.2 Miles APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY, SEPTEMBER 11, 2017 7:00 P.M., CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: John Kirk, Travis Wuttke, Ann Higgins, Charles Weber, Andrew Pieper, Ed Farr, Mark Freiberg, Michael DeSanctis, Christopher Villarreal CITY STAFF: Julie Klima, City Planner Rod Rue, City Engineer Matt Bourne, Manager of Parks and Natural Resources Julie Krull, Recording Secretary I. CALL THE MEETING TO ORDER Chair Pieper called the meeting to order at 7:00 p.m. II. PLEDGE OF ALLEGIANCE —ROLL CALL Weber, Higgins, DeSanctis and Villarreal were absent. IIII. APPROVAL OF AGENDA MOTION: Kirk moved, seconded by Farr, to approve the agenda. Motion carried 5-0. IV. MINUTES A. PLANNING COMMISSION MEETING HELD MONDAY,AUGUST 14, 2017 Wuttke had a change on page 4,paragraph 5, second sentence. He would like it to read, "He suggested setting that off to the side, further away from the walking pathways." Wuttke had a change on page 6,paragraph 2, first sentence. He would like it to read, "Wuttke asked if the residents, as part of the Eden Prairie Comprehensive Plan online mapping system, had commented on that intersection." MOTION: Wuttke moved, seconded by Farr, to approve the minutes as amended. Motion carried 5-0. PLANNING COMMISSION MINUTES September 11, 2017 Page 2 V. INFORMATIONAL MEETINGS VI. PUBLIC MEETINGS VII. PUBLIC HEARINGS A. CODE AMENDMENT RELATED TO SELF STORAGE FACILITIES Request to: • Amend City Code, Chapter 11 relating to self-storage facilities Klima said the current City Code does not provide a definition for self-storage facility or list self-storage facility as a permitted use in any specific zoning district. This lack of definition or specific zoning district for self-storage facility invites ambiguity in determining the appropriate zoning district to locate the use. These self-storage facilities have historically been permitted in the Industrial zoning districts under the permitted use of warehouse. Currently there are three self- storage facilities in the I-2 zoning district all developed prior to 2000. One self- storage facility is located in the Commercial Regional Service (C-Reg-Ser) zoning district. City Code does not define self-storage or specifically identify as a permitted use where self-storage facilities may locate. Staff has conducted a regional and local review of city codes related to self-storage facilities. The term self-storage facility is the preferred terminology noted in city codes and in the self- storage industry. The local and national research reveals self-storage facilities generally occur in the industrial and/or commercial districts as determined by local controls and the city dictates the degree of architectural and exterior building material requirements. Klima said this code amendment is proposed to define and list self-storage facility as a permitted use in the Industrial I-Gen district in order to preserve commercial properties for the highest and best commercial use. The I-2 and I-5 Industrial Districts would be preserved for office and high tech uses. Staff recommends the following self-storage facility definition: "Self-Storage Facility: -A building or group of buildings designed and used for the leasing of compartmentalized individual storage space to tenants who have controlled and secure access for the sole purpose of storing personal property which is not held or offered for current or future sale." If this amendment is approved, the existing four self-storage facilities would become non-conforming, but would be able to remain and be maintained, but not expand consistent with the non-conforming use language in City Code and State Statute. The existing property owners of self-storage facilities have been notified via US mail of the proposed code change. Staff recommendation is for approval of the following: Amend Section 11.02 Definitions to include a definition for Self- Storage Facility; Amend Section 11.30 Industrial District to include Self-Storage Facility as a permitted use in the Industrial (I-Gen) district, as represented in the Planning Commission Staff report dated September 6, 2017. PLANNING COMMISSION MINUTES September 11, 2017 Page 3 Wuttke asked how this code amendment would affect the existing storage facilities since they are already there. Klima said nothing really changes; only they cannot expand. Kirk asked if they could sell their facilities. Klima said they could sell their facilities. Chair Pieper asked if they wanted to expand would they have to get a waiver. Klima stated they would have to get a waiver. Wuttke asked if homeowners could lease garage space to a person for storage. Klima said this definition is to address the only activity for the building. It would be for the overall primary use. Storage in a garage would not be considered as such. Kirk commented he felt the definition should be expanded. Wuttke asked if there is a timeline for approving this code amendment. Klima said there was not a timeline for approving this amendment. Wuttke said there are working farms in Eden Prairie and asked if they could use some of their property for storage. Klima said there is not a lot of property to be developed in Eden Prairie so they want to give permissiveness in the code for guidance and best use. Wuttke asked when inquiries come in, what guidance has been given. Klima said it would be typically a broker with a specific property in mind so the Staff gives them detailed information to inquiries. Wuttke commented there are more buildings in Eden Prairie then shown on the provided map and asked if the City is limiting itself by having this ordinance. Klima said this ordinance is for people inquiring about storage units. If it was in the ordinance now there would be many more expectations brought forward. Wuttke said it looks like there are only four locations available in Eden Prairie and asked Klima to go over these areas. Klima said there are four general areas zoning I- General; one of those is the Moss site, the other three are on the LRT bike trail, ending at Industrial Drive and Hwy 62. There are 18 parcels in the area and if this would be adopted the inquires would be directed towards this area. Wuttke asked if someone wanted it in the Golden Triangle area, with the enactment of this code, would it be available. Klima said if this was approved, the inquiry would be directed to where uses are permitted and the Golden Triangle is not in that area. Wuttke asked if the City is limiting itself by this proposed ordinance for individuals that want to store vehicles off of the LRT line. Klima stated she cannot speak for mini-storage for vehicles, as to the need, but there would not be storage available off of the LRT line. Farr asked if this code contains outdoor storage. Klima said the I-2 and I-5 does not allow outdoor storage. If the City was to get an inquiry about outdoor storage with self-storage, it would need to be stored inside. I-Gen does allow for outdoor storage. Farr asked what the process would be for an applicant that would like 75% inside and 25% outside storage. Klima said that would be a new development and would require the review and approval process. PLANNING COMMISSION MINUTES September 11, 2017 Page 4 Kirk said in regards to the language, he would like to see a few words added for clarity. He commented there is an I-Gen location on Hwy 212 and Hwy 4 that would be a good location for the City to give direction for the best use of property for usage. Farr said the user convenience is becoming more and more important. An example would be if a woman would want to be going to a safe environment. Farr feels there is a safety issue placing them in an area that is quiet and dark. Chief Pieper asked if there are problems with the residents next to these units. Klima said there are areas in the City that have industrial next to residential areas. This may not be what the City would like to see but they have to look at what would be the best use for the property. Freiberg said he likes the way Industrial is defined for this purpose. Wuttke asked if this proposal is enacted, would the City want storage units at the Moss site. Klima said currently there have been no inquiries for this area and she does not see any for the future. Wuttke commented in regard to the other three available for this use, one is by a church with an industrial area to the east. The other one is by Venture Lane, which has power facilities so this would not get developed on so that would leave the one on Hwy 62, and asked if the City is creating a problem by adopting the code amendment. Klima said occupancy of storage units tend to be a fluid temporary situation. There is a market out there so staff is proposing this to give direction to the inquires. Kirk stated he did not feel Eden Prairie would be an ideal area for storage facilities because of the expense. Farr said it was an important concept for the City. Kirk also said safety and convenience are issues with the storage facilities. Wuttke stated the blue areas on the map may have safety concerns. Wuttke pointed out the one storage facility on the north end is by the asphalt plant and asked if the plant has any intention of moving. Klima said she has not heard anything in regards to them moving. Farr stated these should be a conditional use with architectural standards. Kirk asked what would happen if we did adopt this or if we do not adopt this. He asked if an application is accepted in a commercial district what happens. Klima said three of the four storage facilities are in the industrial districts with only one being in a commercial area, so that would need more review for a conditional use permit. Farr asked if there would be a benefit for apartment buildings or senior living facilities to have to supply residential storage. Klima said she has never come across an ordinance requiring a certain amount of storage at these facilities and stated it could be a challenge to get that proposed. Kirk asked if we want this ordinance in our City and asked what other city's positions are in regards to mini-storage and commented as a Planning Commission PLANNING COMMISSION MINUTES September 11, 2017 Page 5 they have to articulate what the City wants. Farr said this is a desirable service for the community and it should be controlled through architectural standards. Chief Pieper asked if it should go in industrial zone and Farr said if need be but would like it in commercial. Kirk said he is in the middle of the road on his decision tonight. He sees it as a need for the community but it needs to be balanced. He wants them to be in the right place and appropriately designed. Wuttke asked if the Commission has come to a conclusion or consensus in regards to the language. Kirk said, given the circumstances, he is not ready to make a decision and would rather have the Commission think about it and make a decision at a later time. Chair Pieper asked what the City could do to help with this. Wuttke asked if Kirk wanted to make a continuance. Kirk stated he does want to continue this. Freiberg said he concurs with Kirk but said there does need to be a balance, especially when we start talking commercial. He stated he feels it should be kept in the industrial district even though it is commercial. Farr said he supports Kirk's suggestion for a continuance. He feels that the use may be appropriate in other districts with higher architectural standards. Klima said the staff will need to go back and do more research and look at what it might mean to broaden industrial areas and be approximate to commercial areas and also come back with additional information for the Commission. Chair Pieper said it would be nice to have all the Commission members present for discussion and feels a continuance would be appropriate. Chair Pieper opened the meeting up for public input. There was no input. MOTION: Farr recommended a continuance to the October 23rd meeting, seconded by Freiberg, at which time City Staff could bring back information on opportunities for other zoning districts, safety issues, and architectural standards. Motion carried 5-0. VIII. PLANNERS' REPORT Klima reminded Commission Members to RSVP to Lori Creamer for the September 19th work session. Klima said the September 25th Planning Commission meeting is cancelled. IX. MEMBERS' REPORT Wuttke requested a moment of silence for all those individual that lost their lives and those grieving for 9/11. Farr said he attended the Watershed Tour that started out in Chanhassen and ended up in Eden Prairie and said it was very informative. PLANNING COMMISSION MINUTES September 11, 2017 Page 6 X. CONTINUING BUSINESS XI. NEW BUSINESS XII. ADJOURNMENT MOTION: Wuttke moved, seconded by Farr, to adjourn the Planning Commission meeting. Motion carried 5-0. Chair Pieper adjourned the meeting at 8:35 p.m. UNAPPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY, OCTOBER 23, 2017 7:00 P.M., CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: John Kirk, Travis Wuttke, Ann Higgins, Charles Weber, Andrew Pieper, Ed Farr, Mark Freiberg, Michael DeSanctis, Christopher Villarreal CITY STAFF: Julie Klima, City Planner Rod Rue, City Engineer Matt Bourne, Manager of Parks and Natural Resources Julie Krull, Recording Secretary I. CALL THE MEETING TO ORDER Chair Pieper called the meeting to order at 7:00 p.m. II. PLEDGE OF ALLEGIANCE —ROLL CALL Kirk, Weber and Wuttke were absent. IIII. APPROVAL OF AGENDA MOTION: Higgins moved, seconded by DeSanctis, to approve the agenda. Motion carried 6-0. IV. MINUTES A. PLANNING COMMISSION MEETING HELD MONDAY, OCTOBER 9, 2017 MOTION: Higgins moved, seconded by DeSanctis, to approve the minutes dated October 9, 2017. Motion carried 6-0. V. INFORMATIONAL MEETINGS VI. PUBLIC MEETINGS VII. PUBLIC HEARINGS A. CODE AMENDMENT- SELF STORAGE FACILITIES (CONT. ITEM) PLANNING COMMISSION MINUTES October 23, 2017 Page 2 Request to: • Amend City Code, Chapter 11 related to self-storage facilities. Klima said this is a continued item from the September 11, 2017 Planning Commission meeting. City Staff has provided additional information in the staff report in regards to zoning districts, architectural standards/process, and economics. The zoning districts were broken down with these three in the industrial districts; I- GEN—57.3 acres, I-5 —373.4 acres, I-2— 897.8 acres. The Commercial Districts (excluding TOD/TC) are on 644.1 acres for a total of 1,328.5 acres. The current self-storage facilities in Eden Prairie provide 2000 units on 19.95 acres. In the Industrial and Commercial districts, buildings are required to have 75% Class I material and 25% Class II materials. According to on-line research the self-storage industry standard is to have secured property and secured access generally by electronic means. Eden Prairie's City Code does not utilize Conditional Use Permits but historically have used the Planned Unit Development process and Development Agreements to accomplish similar goals and outcomes. Staff recommendation is for approval of this amendment. Freiberg addressed the letter in the packet from Robert Hellman and said the comment of making the four existing storage properties non-conforming will affect the possibility of expansion in the future as well as the ability to refinance, insure, rebuild after a calamity, and remodel the properties. Freiberg pointed out this could be a road block for storage facilities. Klima said if the code amendment were to be approved, the existing uses would become non-conforming and would be able to be maintained but not to be able to expand. In regards to refinancing, the financial institution would reach out to the City for a zoning verification letter. Freiberg asked about insurability. Klima said the City would also issue a zoning verification letter. Chair Pieper asked if these units could be sold. Klima said these units could be sold. Farr asked if refinancing and insuring would be more expensive for non- conforming uses. Klima said she cannot answer that question as the City does not specifically get involved in that. Chair Pieper asked if the Commission talked about architectural standards at the last meeting. Farr said he recalled the discussion was some of the Commissioners thought the units would be considered more of a commercial use than an industrial use. He said in regards to a public safety point, the Commercial district would provide increased safety due to lighting and a more populated area. He said he can understand the City's position on this but is torn why this is getting pushed towards a district that is generally used after hours. Higgins said when she lived in Minneapolis there was a storage facility located around the Hiawatha area and activity seemed to be not only between 8 am—5 pm, but after hours and pointed out that being on a busy street would make it safer after hours. Freiberg commented when looking at what the City has for acreage for Commercial districts it is 644 acres, which is not much. In looking at the other three districts there is 1328 acres. Because of the low acreage, the highest and best use of acreage for Commercial PLANNING COMMISSION MINUTES October 23, 2017 Page 3 districts is very important. Klima said the industry standard is to have a secure access to these storage units for the customer so they have safe access in and out of the facility. Farr said this whole industry is evolving and is evident with one of the four storage facilities across from Home Depot. He said they are looking for well-lit, well- traveled sites. He pointed out if there is a demand for these facilities they would likely not be pushed into the I-Gen District. The I-2 District looks to be generous and may be an option for new facilities. He asked if two of the facilities are located in the Golden Triangle area. Klima said two facilities are in the Golden Triangle area. Farr responded by stating there is plenty of room there for everyone. Chair Pieper asked Farr to expand on that. Farr stated because I-Gen is too limiting he would like to see I-2 added to the I-Gen districts for permitted use or to establish conditional use permits as other cities have done. Chair Pieper asked Klima how Staff arrived at recommending I-Gen and if there was a discussion whether I-2 or I-5 would be included. Klima referred to the graphics that were attached in the staff report, noting the I-2 and I-5,primarily I-2, because there are a lot more properties zoned this, are areas the City expects more re-development and re-investing in those properties. Self-storage units are more of a low intensity use with regards to employment and other features; there is not a lot of pedestrian connection or activity associated with self-storage facilities. The City's vision for the Golden Triangle area is for it to be a more vibrant, active area. Villarreal said he agrees with what Farr said about markets and feels the Commission cannot really discuss the need for these facilities today and lumping them in a small box is limiting. He is comfortable expanding these units past I-Gen. Chair Pieper asked if Villarreal would like I-2, I-5 and the Commercial districts added in. Villarreal said he is not comfortable limiting the potential to just certain areas of the City, it should be based on the need of residential or commercial customers. Freiberg commented the City has a finite amount of land and when the light rail comes through, there may pressures regarding affordable housing. He pointed out the City is way off of where it should be for affordable housing for the needs in 2020 and said if the City limits itself with land available for redevelopment, the Commission's decisions are going to get tougher and tougher down the road. DeSanctis said the idea of vertical structures having their own storage units included maybe is something the City can require of potential developers. He agrees the City has a limited amount of land to be re-developed and does not want the self-storage facility to get in the way of affordable housing. Chair Pieper asked Freiberg if he sees affordable housing being built in the I-2 or I-5 district. Freiberg said he was looking at the I-2 district, there are 897 acres in the Golden Triangle area. The I-Gen and I-5 are of less importance because there would be some flexibility retained. PLANNING COMMISSION MINUTES October 23, 2017 Page 4 Farr commented in regard to the Commissioner DeSanctis' point, the lower income housing solutions and smaller units Eden Prairie will be building in the future will be pressured to minimize things like storage units for residents just because of market pressures. Farr said the demand for self-storage will be going up versus down and residents would want the facilities closer to where they live. It would be difficult to regulate the amount of storage built into vertical residential projects, as there would be push back from the developers. Self-storage facilities will be market driven. Chair Pieper commented he believes this use is typically driven to lower costs of land rather than to TOD areas Chair Pieper opened the meeting up for public input. There was no input. Farr said he would like to discuss alternatives for action on this item. MOTION: Villarreal moved, seconded by DeSanctis, to close the public hearing. Motion carried 6-0. Klima said, in regards to alternatives, listed in the staff report is recommendation for the approval for the text amendment as presented. The Commission can recommend an alternative to the City Council. Chair Pieper asked if the Planning Commission did not approve this code amendment would it still go to City Council. Klima said if the Planning Commission recommended denial, it would still move forward to the City Council for their review. Farr asked if this code amendment goes through tonight, what would happen if an applicant would like to develop a self-storage facility in a Commercial district what would be the process for this applicant to get this project approved in a district that does not have an approved use. Klima asked clarification if the scenario proposed is if the code amendment is approved as presented by Staff. Farr stated that was correct. Klima said if Staff receives an inquiry for property that is zoned commercial staff would educate the applicant that it is not an approved use in Commercial districts but are in the I-Gen district and Staff would educate them where those properties are located. If a potential applicant still wanted to pursue that location, they would put in a request in a form of a text amendment to allow the use in a Commercial district. Farr questioned if that would be a variance request. Klima responded a variance request is applicable when the use is allowed by code but the standards cannot be reasonably met. Farr said in regards to recommendation for denial, he would like to discuss if that is what the Commission would want to move forward with or if there are additional thoughts. He said he is in favor of denial and hopeful this could be allowed in other PLANNING COMMISSION MINUTES October 23, 2017 Page 5 districts. Chair Pieper asked if he is proposing making a recommendation to Staff. Farr said he would like to see what other Commissioners are thinking. He commented he is not sure if this is opened up to other zoning districts how much direction should be provided or if the Commission would have to get in depth about other Commercial districts and feels the Commission is not in a position to do that right now. It may be easier to chip into the I-2 district. Klima said there is nothing to prevent the Planning Commission from making a recommendation to the City Council in regards to what the Planning Commission would support. Klima said there are three options the Planning Commission could move on tonight. There could be approval with modifications, approval as Staff recommended, or denial. Freiberg stated he would go along with I-Gen and I-5, but he believes including the I-2 district could come back and haunt the City. He clarified he is in favor of excluding I-2 and approve I-Gen and I-5. DeSanctis said he approves I-Gen and I-5 as well. Villarreal said his preference would be to include I-Gen, I-5, I-2 and Commercial districts. Higgins said I-Gen and I-5 would be what she would approve. DeSanctis asked, in respect to the Commercial Zoning districts, if a developer comes along and wants to develop a facility nested in a larger structure does that fall within this ordinance or is that a separate variance. If you extent self-storage to a commercial zoned area it would be a second use within that residential area. Klima said in Commercial districts, residential uses are not permitted uses within those zoning districts, so she would not envision a scenario where an apartment facility had a commercial storage facility nested within it. Any storage facility would be a resident amenity in that case. Villarreal asked if there was a mixed-use facility what gets determined if it is residential or commercial. Klima said if there is a vertically mixed-use project they would take a look at the zoning districts that they have to regulate them, like TOD or the Town Center district and look at the comprehensive plan and work with the developer as to which zoning district would fit the need of the project. Villarreal asked if a mixed-use residential/commercial development that was mostly commercial, how it would work if the storage facility would be inside of the building and asked if it would be allowed. Klima said what is presented tonight is to address third party storage facilities and not storage facilities provided as an amenity within a residential project. Chair Pieper asked what direction Villarreal is leaning towards. Villarreal said his preference would be to have storage areas be applicable to I-Gen, I-2, I-5 and commercial. Farr said he agrees with Villarreal because of the evolution of product and demand for residents. Chair Pieper said he would like to see the market dictate this. Chair Pieper asked what happens if there is a tie. Klima stated if a motion and PLANNING COMMISSION MINUTES October 23, 2017 Page 6 vote should be taken now and if it is a tie, that motion does not pass. The Commission could try an alternative motion to see if it does pass or a tie can be forwarded to City Council with explanation. MOTION: Villarreal moved, seconded by Farr, to recommend approval of the amendment of the City Code, Chapter 11, related to self-storage facilities based on information included in the staff reports dated September 6, 2017 and its attachments and October 18, 2017 and its attachments, with additional recommendation to include self-storage in districts I-Gen, I-2, I-5 and Commercial. Motion carried 4-2,with Freiberg and Higgins opposing. VIII. PLANNERS' REPORT A. COUNCIL WORK SESSION DECEMBER 12, 2017—ASPIRE Klima stated the City Council will be hosting a work session on December 12, 2017 to discuss Aspire Eden Prairie 2040. The Planning Commission is invited to attend. IX. MEMBERS' REPORT X. CONTINUING BUSINESS XI. NEW BUSINESS XII. ADJOURNMENT MOTION: Villarreal moved, seconded by DeSanctis, to adjourn the Planning Commission meeting. Motion carried 6-0. Chair Pieper adjourned the meeting at 8:15 p.m. Neff tr Storage'. October 16, 2017 Mr. Steve Durham (Planning Board) Planning Department City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Re: Self-Storage Facility Code Amendment Dear Planning Staff and Board, I have taken the time to review your proposed code amendment language and watched the video of the Planning Board Meeting of Sept 11tn As I work with many municipalities around this great country in developing self-storage facilities both from underutilized buildings and unused land parcels I understand the genesis of the proposal. However, I offer that the plight of the existing 4 facilities has not been sufficiently considered. Making the four existing storage properties "non-conforming" through this code amendment does not only affect the possibility of expansion in the future. The designation will affect the ability to refinance, insure, rebuild after a calamity, and remodel the properties. That is an undue hardship and penalty levied on businesses that have been successfully operating in your community for over 20 years. Eden Prairie, in my opinion, has sufficient processes in place to control the development of new self-storage businesses. My team looks for sites with the best metrics (location, size, price) to serve our customer base. As was stated during the previous meeting "Self-Storage is more of a commercial use than an industrial use". I can't agree more with that line of thought. All our new development projects are typically multi-story with interior loading. In fact, we just opened a facility in Burnsville on Co Hwy 42 (commercial corridor) to much success and praise from our customers and the City. I ask you to please table the code amendment as the harmful effects of the change to the existing businesses vastly outweigh the perceived benefit of controlling the location of a business use that does not fit correctly into an Industrial General use district. Should you have any questions please contact me at (847) 235-8931. Sincerely, Robert He man -Th VP of Development Licensed Architect Metro Storage LLC 13528 Boulton Boulevard Lake Forest, IL 60045 847-235-8900 Fax: 847-235-8901 www.metrostorage.com CITY COUNCIL AGENDA DATE: SECTION: Public Hearings November 14, 2014 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Code Amendment— Conditional Use Permits IX.D. Development/Planning and Wireless Services and Equipment Janet Jeremiah/Julie Klima Requested Action Move to: • Close the Public Hearing; and • Approve first reading of the Ordinance to Amend City Code Chapter 11 relating to Conditional Use Permits and Wireless Services and Equipment. Synopsis In May 2017, the Minnesota State Legislature adopted a state law relating to siting of small wireless telecommunication facilities in public rights-of-way. The new law grants wireless providers the ability to locate their facilities as a permitted use in the right-of-way, except that a City may require a conditional use permit(CUP) to install a new support structure(s) in rights-of- way located within single family residential zoning districts. As this is a new provision in state law, the Zoning Ordinance needs to be amended to align with the new State regulations. City staff has worked with the City Attorney to draft the attached code amendments. Background The proposed code amendments include revisions to: • Section 11.02 (Definitions) to align City Code definitions with those used in state law regarding wireless communication services and equipment; • Section 11.03, Subd.3 (Special Requirements) and Subd. 6 (Site Plan and Architectural Design Review)to include references to wireless services; • Section 11.06 (Towers And Antennas) to clarify that facilities may be subject to review of a Conditional Use Permit; and • Section 11.41 (Conditional Use Permits) to establish wireless support structures as a conditional use and eliminate Major Center Area as a conditional use category. The Major Center Area conditional use permit category was established to address the transition of uses from residential to those consistent with the Major Center Area plan. Due to development that has occurred over time within the designated areas, the provision for Major Center Area CUP's is no longer applicable and staff proposes to strike the corresponding language. Section 11.41 also includes housekeeping amendments to address the duration of conditional use permits. Current language provides for an approval period of 5 years. The proposed language allows for conditional use permits to remain in effect so long as the conditions of approval are adhered to and provides for the opportunity for the City to review as necessary. Planning Commission Review and Recommendation At is October 23, 2017, meeting, the Planning Commission voted 6-0 to recommend approval of the Ordinance to Amend City Code Chapter 11 relating to conditional use permits and wireless services as represented in the Planning Commission staff report dated October 19, 2017 and the draft Code language. Attachments Ordinance Staff Report dated 10/19/17 Unapproved Planning Commission Minutes 10/23/17 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2017 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 11, SECTIONS 11.02, 11.03, 11.06 AND 11.41 RELATING TO CONDITIONAL USE PERMITS; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS: Section 1. City Code Chapter 11, Section 11.02 is hereby amended by: 1. Deleting the definition of Commercial Wireless Telecommunications Services item 14 (items to be renumbered for this and all subsequent changes herein); 2. Inserting a new definition for Public Right-of-Way at item 53 as re-numbered as follows: "Public Right-of-Way" - as defined in Section 6.01, Subdivision 20." 3. Inserting a new definition for Small Wireless Facility at item 64 as re-numbered as follows: "Small Wireless Facility"—As defined in Section 6.01, Subdivision 28. 4. Amending the definition at of Telecommunications mechanical equipment at item 73 as re-numbered as follows: "Wireless equipment" — Equipment that is necessary for the operation of a tower for wireless services. 5. Amending the definition of Tower at item 74 as re-numbered by adding at the end of the definition the following sentence: "Tower does not include a wireless support structure as defined in this Section." 6. Inserting a new definition for Wireless Service at item 78 as re-numbered as follows: "Wireless Service"—As defined in Section 6.01, Subdivision 34." 7. Inserting a new definition for Wireless Support Structure" at item 79 as follows: "Wireless Support Structure"—As defined in Section 6.01, Subdivision 35. Section 2. City Code Chapter 11, Section 11.03, Subd. 3. F. is hereby amended by deleting in the first line the words "commercial" and"telecommunications." Section 3. City Code Chapter 11, Section 11.03, Subd. 6. A. 1. and A. 2. are hereby both amended by adding in(a) after the words "One-Family Residential Districts,"the following, "except as provided below in subsection A.3." Section 4. City Code Chapter 11, Section 11.03, Subd. 6. A. is amended by adding a new subpart 3 as follows: 3. No Wireless Support Structure conditional use permit shall be issued for a use within the One-Family Residential Districts unless it shall conform to a Site Plan and Architectural Design as described in C. hereof, or an amendment thereof, which has been approved by the City Planner and such approval is effective as hereinafter provided. Section 5. City Code Chapter 11, Section 11.06, Subd. 1 A. and D. are hereby both amended by deleting the words "commercial" and telecommunications." Section 6. City Code Chapter 11, Section 11.06, Subd. 2 is amended by deleting the words telecommunications mechanical" and inserting the word"wireless" in their place. Section 7. City Code Chapter 11, Section 11.06, Subd. 3. is amended by deleting the words "Commercial Wireless Telecommunications Services" and inserting in their place the words "wireless services." Section 8. City Code Chapter 11, Section 11.06, Subd. 4. B., Subd 5. A, B and C are amended by changing removing the capitalization from the words "Public Street" so that it appears as "public street." Section 9. City Code Chapter 11, Section 11.06, Subd. 6. item 3 is amended by deleting the words "City Code" and inserting in their place the word"this" and deleting the number"11". Section 10. City Code Chapter 11, Section 11.06, Subd. 7 is amended by deleting in the first sentence the words "commercial wireless telecommunication" and inserting after the word "towers"the words "for wireless service." Section 11. City Code Chapter 11, Section 11.06, Subd. 7. A. is amended by deleting in the first sentence the words "commercial wireless telecommunication services" and inserting after the word "tower" the words "for wireless service" and deleting in the first sentence the word "telecommunications" and inserting the words "antenna or wireless." Section 12. City Code Chapter 11, Section 11.06, Subd. 8. B. is amended by deleting the words "Commercial wireless telecommunication service towers" and inserting in their place the words "Towers for wireless service." Section 13. City Code Chapter 11, Section 11.06, Subd. 9. is amended by deleting in the title and in the first sentence the words "Telecommunications mechanical" and inserting in their place the word"Wireless" and changing the phrase"right of way"to "right-of-way". Section 14. City Code Chapter 11, Section 11.06, Subd. 9. A. is amended by deleting in in the first sentence the words "Telecommunications mechanical" and inserting in its place the word "Wireless" and deleting the words "Commercial Wireless Telecommunications Services" and inserting in their place the words "wireless service". Section 15. City Code Chapter 11, Section 11.06, Subd. 9. B. is amended by deleting in in the first sentence the words "Telecommunications mechanical" and inserting in their place the word "Wireless". Section 16. City Code Chapter 11, Section 11.06, Subd. 9. C. is amended by deleting in in the first sentence the words "Telecommunications mechanical" and inserting in their place the word "Wireless"; by changing the phrase "right of way" to "right-of-way"; by deleting the words "located in" and inserting in their place the words "that obstructs"; by deleting the word "must" and inserting in its place the word"shall"; and by inserting after the words "permit from the"the words "City or other". Section 17. City Code Chapter 11, Section 11.06, Subd. 10. is amended by deleting in in the first sentence the words "communications wireless telecommunications" and inserting in their place the word"wireless". Section 18. City Code Chapter 11, Section 11.06, Subd. 12, subpart 5 is amended by deleting in in the first sentence the words "commercial wireless telecommunications" in both places and inserting the word"wireless" in both places. Section 19. City Code Chapter 11, Section 11.06 is amended by adding a new Subd. 13. as follows: Subd. 13. Wireless Support Structures and Small Wireless Facilities in the Public Right- of-Way. A. Wireless support structures and small wireless facilities are a permitted use in the public right-of-way in all zoning districts, except the R-1 One Family Residential Districts where they are a conditional use as described in Section 11.41. B. No person shall place a wireless support structure or small wireless facility in the public right-of-way unless in compliance with the requirements of Section 6.03. Section 20. City Code Chapter 11, Section 11.41 is hereby amended by deleting Subd. 1 A. in its entirety and re-lettering Subd 1. B Historic Properties as Subd. 1 A. Section 21. City Code Chapter 11, Section 11.41, Subd 1. A, as re-lettered, subpart 4 Duration of Permits is amended in its entirely as follows: 4. Duration of Permits. A Historic Properties conditional use permit shall remain in effect as long as the conditions agreed upon are observed, provided, however, that the City may, at its discretion, schedule an administrative or formal review at any time to determine whether the conditions agreed upon are being observed. Any Historic Properties conditional use permit that contains an expiration date shall be automatically extended in accordance with this paragraph. Section 22. City Code Chapter 11, Section 11.41, is amended by adding a new Subd 1. B. as follows: B. Wireless Support Structures. 1. Policy and Purpose. The City desires high quality wireless services to accommodate the needs of City residents and businesses. At the same time, the City strives to minimize the negative impacts that wireless support structures and small wireless facilities can create, especially in the public right-of-way in single-family residential areas. The City discourages the installation of new or replacement wireless support structures in the public right-of-way in single-family residential districts, preferring instead that small wireless facilities be collocated on existing structures. Recognizing, however, that the provision of high quality wireless services may not be feasible without the installation of new or replacement wireless support structures in single-family residential districts, the following provisions relating to the issuance of conditional use permits are adopted. The conditional uses listed in this Section must be reviewed by the Planning Commission and approved by the City Council after consideration in each case, of the impact of such uses upon the property, neighboring uses, the surrounding area and compliance with the conditions set forth in this Section. 2. Areas Where Conditional Use Permits May Be Granted. Conditional use permits for the installation of new or replacement wireless support structures for the siting of small wireless facilities in the public right-of-way may be granted in rights-of-way located within or abutting the R-1 One Family Residential Districts. 3. Duration of Permits. A Wireless Support Structure conditional use permit shall remain in effect as long as the conditions agreed upon are observed, provided, however, that the City may, at its discretion, schedule an administrative or formal review at any time to determine whether the conditions agreed upon are being observed. Section 23. City Code Chapter 11, Section 11.41, Subd 2. B. is amended in its entirety as follows: B. The land subject to the conditional use permit is served adequately by essential public facilities and services, including utilities, access roads, drainage, police and fire protection and schools or will be served adequately as a result of improvements proposed as part of the conditional use. Section 24. City Code Chapter 11, Section 11.41, Subd 2. E. is amended by striking the first word"The" and inserting in its place: "If the conditional use permit is granted the". Section 25. City Code Chapter 11, Section 11.41, Subd 2. H. is amended in its entirety as follows: H. The conditional use will not be detrimental to or endanger the public health, safety, comfort, convenience, or general welfare. Section 26. City Code Chapter 11, Section 11.41, Subd 2. I. is amended inserting the following after the first sentence: "No conditional use permit shall be approved until a Site Plan and Architectural Design Plan has been approved." Section 27. City Code Chapter 11, Section 11.41, Subd 2. J. is amended by striking the first word "Applicants" and inserting in its place the words "The use"; and striking the word "Section" and inserting in its place the word"Chapter". Section 28. City Code Chapter 11, Section 11.41, Subd 2. is amended by adding a subpart K as follows: K. No conditional use permit for a similar type of use has been revoked in the previous ten(10) years. Section 29. City Code Chapter 11, Section 11.41, Subd 2 is amended by adding a subpart L as follows: L. The conditional use is consistent with the City's Comprehensive Guide Plan provisions relevant to the land. Section 30. City Code Chapter 11, Section 11.41, Subd 3 is amended by deleting the first word "Additional" and inserting in its place the words "The following". Section 31. City Code Chapter 11, Section 11.41, Subd 3. A. is amended deleting Subd. 3 A. in its entirety and re-lettering Subd 3. B Historic Properties as Subd. 3 A. Section 32. City Code Chapter 11, Section 11.41, Subd. 3. A. as re-lettered is amended substituting the word"a" in the first sentence for the word"an". Section 33. City Code Chapter 11, Section 11.41, Subd 3. A. 6. as re-lettered is amended deleting the word"advertising". Section 34. City Code Chapter 11, Section 11.41, Subd 3. A. 9. as re-lettered is amended deleting that part of the sentence prior to the word "obtain" and inserting in front of the word "obtain"the words "Applicant shall". Section 35. City Code Chapter 11, Section 11.41, Subd 3 is amended by inserting a new Subd 3 B as follows: B. Wireless Support Structures. To be considered eligible for a Wireless Support Structure conditional use permit, the proposed new or replacement wireless support structure must be in conformance with the following: 1. The wireless support structure shall be located at least six hundred (600) feet from any existing wireless support structure or public utility structure. 2. The height of the new or replacement wireless support structure shall not exceed the average height of all structures on the block or the maximum height of structures allowed in the zoning district, whichever is less. 3. The wireless support structure will be designed, constructed, operated and maintained in a manner that is compatible in appearance with the existing or intended character of the surrounding area. 4. The design of the wireless support structure shall comply with the following City's design requirements: a. At all sites, the design of all wireless support structures and facilities shall use materials, colors, textures, screening, and landscaping that blends the structures and facilities into the natural setting and building environment. b. No signage or other identifying markings of any nature shall be permitted upon any wireless support structures and facilities except in accordance with City Code Section 11.70. c. Such other design requirements as are developed from time to time by the City Planner and/or the Director of Public Works and maintained as an official document in printed or electronic form in the records of the City Clerk. 5. The wireless support structure shall have no associated ground-mounted wireless mechanical equipment except an electrical meter if such meter is necessary for the operation of a small wireless facility to be placed on the wireless support structure. 6. The applicant for the conditional use permit shall comply with all requirements of Section 6.03 including, but not limited to, obtaining a right-of-way permit, obtaining a small wireless facility permit, and entering into a Standard Small Wireless Collocation Agreement with the City, as appropriate. 7. Placement of the wireless support structure shall comply with generally applicable and reasonable health, safety, and welfare regulations consistent with the City's management of the public right-of-way. 8. Applications for conditional use permits shall be reviewed by the Planning Commission. Section 36. City Code Chapter 11, Section 11.41, Subd 4 is amended in its entirety as follows: Subd. 4. Procedure. A. An application for a conditional use permit shall be in writing signed by (1) the owner of the land for which the conditional use permit is sought, in the case of a Historical Properties conditional use permit, or(2) the person who wishes to install the new wireless support structure, in the case of a Wireless Support Structure permit. The application shall be made on forms provided by the City and shall include all information requested. The applicant shall pay an application fee in the amount set forth in the Fee Resolution adopted by the City Council, as the same may be amended from time to time. B. A public hearing on an application for a Wireless Support Structure conditional use permit shall be held before both the Planning Commission and the Council. A public hearing on a Historic Properties conditional use permit shall be held before both the Heritage Preservation Commission and the Council. C. Notice of the public hearing shall be mailed at least ten days before the day of the hearing to each owner of property situated within 500 feet of the property to which the conditional use permit relates. For the purposes of giving mailed notice, the person responsible for mailing the notice may use any appropriate records to determine the names and addresses of owners. A copy of the notice and a list of the owners and addresses to which the notice was sent shall be attested to by the responsible person and shall be made a part of the records of the proceedings. The failure to give mailed notice to individual property owners, or defects in the notice shall not invalidate the proceedings, provided a bona fide attempt to comply with this Subdivision 4.B has been made. D. An application for a conditional use permit may not be acted upon by the Council until it has received the recommendation of the Planning Commission or Heritage Preservation Commission, as applicable, or until 60 days have elapsed from the date of referral to the Planning Commission or Heritage Preservation Commission. Section 37. City Code Chapter 11, Section 11.41, Subd 7 is renumbered as Subd. 8. Section 38. City Code Chapter 11, Section 11.41, Subd 6. Is re-numbered as Subd. 7. and amended in its entirety as follows: Subd. 7. Expiration of Conditional Use Permit. Unless otherwise specified by the Council at the time it is approved, a conditional use permit shall expire if substantial development or construction has not taken place within one year of the date of approval, unless a petition for a time extension has been granted by the Council. The extension request shall be submitted in writing at least 30 days prior to expiration of the conditional use permit and shall state facts showing a good-faith effort to complete work permitted under the original approval. Section 39. City Code Chapter 11, Section 11.41, Subd. 5 is re-numbered as Subd. 6 and amended in its entirety as follows: Subd. 6. Revisions and/or Changes to Site or Construction Plans. A. Historic Properties. Any revisions and/or changes to site, remodeling, or construction plans after a Historic Properties conditional use permit has been granted shall require approval by the City Planner and comply with Section 11.05, Subd. 8 criteria. Notwithstanding the foregoing, the City Planner may determine that the revisions and/or changes require review and approval by the Council. B. Wireless Support Structures. Any revisions and/or changes to site or construction plans after a Wireless Support Structure conditional use permit has been granted shall require review and approval by the City Planner. Notwithstanding the foregoing, the City Planner may determine that the revisions and/or changes require review and approval by the Council. Section40. City Code Chapter 11, Section 11.41, is amended by adding a new Subd. 5. as follows: Subd. 5. Amendment to Conditional Use Permit. Amendments to any condition contained in an approved conditional use permit may be made only in accordance with the procedures applicable to the initial application as contained in Subdivision 4. Section 41. City Code Chapter 11, Section 11.41, is amended by adding a new Subd 9 as follows: Subd. 9. Suspension or Revocation of Conditional Use Permit. The City Council may suspend for a specified period of time or revoke a conditional use permit upon the failure of the owner or a tenant to comply with the provisions of this Code, the laws of the state or any condition established at the time of approval of the conditional use permit. A suspension or revocation of a conditional use permit must be preceded by written notice to the owner and tenant, if any, and a hearing. The notice must provide at least ten days' notice of the time and place of the hearing and must state the nature of the charges against the owner and/or tenant. The notice must be mailed to the owner, and tenant, if any. For the purpose of giving mailed notice, any appropriate records to determine the names and addresses of owners may be used. A copy of the notice and list of the persons and addresses to which the notice was sent shall be attested to by the person giving the notice and shall be made a part of the records of the proceeding. The hearing of a contested case may be before the City Council or held in accordance with M.S. §§ 14.57 to 14.60, as they may be amended from time to time, but informal disposition of a contested case by stipulation, pursuant to M.S. § 14.59, as it may be amended from time to time, may provide an adequate basis for imposition of sanctions. Section 42. 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 43. 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 14th day of November, 2017, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the_th day of , 201_. Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor Published in the Eden Prairie News on the day of , 201_. STAFF REPORT TO: Planning Commission FROM: Julie Klima, City Planner DATE: October 19, 2017 SUBJECT: Code Amendment—Conditional Use Permits BACKGROUND In May 2017,the Minnesota State Legislature adopted a state law relating to siting of small wireless telecommunication facilities in public rights-of-way. The new law grants wireless providers the ability to locate their facilities as a permitted use in the right-of-way,except that a City may require a conditional use permit(CUP)to install a new support structure(s)in single family residential zoning districts. As this is a new provision in state law,the Zoning Ordinance needs to be amended to align with the new State regulations. City staff has worked with the City Attorney to draft the attached code amendments. The proposed code amendments include revisions to: • Section 11.02 (Definitions) to align City Code definitions with those used in state law regarding wireless communication services and equipment; • Section 11.03, Subd.3 (Special Requirements) and Subd. 6 (Site Plan and Architectural Design Review) to include references to wireless services; • Section 11.06(Towers And Antennas)to clarify that facilities may be subject to review of a Conditional Use Permit; and • Section 11.41 (Conditional Use Permits) to establish wireless support structures as a conditional use and eliminate Major Center Area as a conditional use category. The Major Center Area conditional use permit category was established to address the transition of uses from residential to those consistent with the Major Center Area plan. Due to development that has occurred over time within the designated areas,the provision for Major Center Area CUP's is no longer applicable and staff proposes to strike the corresponding language. Section 11.41 also includes housekeeping amendments to address the duration of conditional use permits. Current language provides for an approval period of 5 years. The proposed language allows for conditional use permits to remain in effect so long as the conditions of approval are adhered to and provides for the opportunity for the City to review as necessary. STAFF RECOMMENDATION Staff recommends approval of the Ordinance amending Chapter 11 related to Conditional Use Permits, Definitions, Site Plan and Architectural Design Review, and Towers and Antennas as represented in the Planning Commission Staff report dated October 19, 2017 and the draft Code language. UNAPPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY, OCTOBER 23, 2017 7:00 P.M., CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: John Kirk, Travis Wuttke, Ann Higgins, Charles Weber, Andrew Pieper, Ed Farr, Mark Freiberg, Michael DeSanctis, Christopher Villarreal CITY STAFF: Julie Klima, City Planner Rod Rue, City Engineer Matt Bourne, Manager of Parks and Natural Resources Julie Krull, Recording Secretary I. CALL THE MEETING TO ORDER Chair Pieper called the meeting to order at 7:00 p.m. II. PLEDGE OF ALLEGIANCE —ROLL CALL Kirk, Weber and Wuttke were absent. IIII. APPROVAL OF AGENDA MOTION: Higgins moved, seconded by DeSanctis, to approve the agenda. Motion carried 6-0. IV. MINUTES A. PLANNING COMMISSION MEETING HELD MONDAY, OCTOBER 9, 2017 MOTION: Higgins moved, seconded by DeSanctis, to approve the minutes dated October 9, 2017. Motion carried 6-0. V. INFORMATIONAL MEETINGS VI. PUBLIC MEETINGS VII. PUBLIC HEARINGS A. CODE AMENDMENT- CONDITIONAL USE PERMITS PLANNING COMMISSION MINUTES October 23, 2017 Page 2 Request to: • Amend City Code, Chapter 11 related to conditional use permits. Klima stated back in May of 2017, the Minnesota State Legislature adopted a state law relating to siting of small wireless telecommunication facilities in public rights- of-way. The new law grants wireless providers the ability to locate their facilities as a permitted use in the right-or-way, except that a City may require a conditional use permit to install structures in single family residential zoning districts. Because this is a new provision in the state law, the Zoning Ordinance needs to be amended to align with the new State regulations. City Staff has worked with the City Attorney to draft the code amendments that are included in the staff report. The proposed code amendments include revisions to the following: • Section 11.02 (Definitions) to align City Code definitions with those used in state law regarding wireless communication services and equipment; • Section 11.03, Subd.3 (Special Requirements) and Subd. 6 (Site Plan and Architectural Design Review) to include references to wireless services; • Section 11.06 (Towers and Antennas) to clarify that facilities may be subject to review of a Conditional Use Permit; and • Section 11.41 (Conditional Use permits)to establish wireless support structures as a conditional use and eliminate Major Center Area as a conditional use category. The Major Center Area conditional use permit category was established to address the transition of uses from residential to those consistent with the Major Center Area plan. Due to development that has occurred over time within the designated areas, the provision for Major Center Area CUP's is no longer applicable and staff proposes to strike the correspond language. Section 11.41 also includes housekeeping amendments to address the duration of conditional use permits. Current language provides for an approval period of 5 years. The proposed language allows for conditional use permits to remain in effect so long as the conditions of approval are adhered to and provides for the opportunity for the City to review as necessary. Staff recommendation is for approval. Higgins asked if the City has heard from wireless companies. Klima said no specific applications have come in. Farr asked if the towers can be shared and if the City is promoting that. Klima said the City does encourage colocation. Villarreal asked if removal of references for telecommunication services would create a risk to expand services to other public utilities, like Xcel or CenterPoint Energy. Klima said Staff had that conversation with the City Attorney and their recommendation is that the City is adequately protected by term wireless. Villarreal commented he sees a gap with that. Klima said City Staff can reach back to the City Attorney with concerns. PLANNING COMMISSION MINUTES October 23, 2017 Page 3 Farr said he had a question on page 40, Subd. 3,paragraph B, titled Wireless Support Structures, Subd. 1, and asked what is a public utility structure. He also stated, in regards to Subd. 5, this could be challenging for buildings that produce a lot of heat and would like condensers on ground level. Klima said the City only has the right to regulate the uses through CUP's in the RI Districts. In Subd. 1, the City is just limiting the amount of facilities within these areas to address aesthetics. Klima said public utility structures are defined as a pole or structure for transmission of data or electricity. Rue said the technology for small cell wireless is different. They are very small and located in a small canister and located about every thousand feet to fill in for the large towers. They are located on city street lights. The City's existing ordinances do have size requirements and these are secondary to the large towers. Villarreal asked how these support structures are powered. Rue said they are wired directly with a meter running up the pole. Villarreal asked if there is a backup need for these structures if the power goes out. Rue said he is not exactly sure how they are powered and cannot answer the backup question. Klima said staff can follow up further on this issue. Chair Pieper opened the meeting up for public input. There was no input. MOTION: Farr moved, seconded by Freiberg, to close the public hearing. Motion carried 6-0. MOTION: Farr moved, seconded by DeSanctis, to recommend approval to amend City Code, Chapter 11, related to Conditional Use Permits and wireless facilities based on the information included in the staff report dated October 19, 2017 and its attachments. Motion carried 6-0. VIII. PLANNERS' REPORT A. COUNCIL WORK SESSION DECEMBER 12, 2017—ASPIRE Klima stated the City Council will be hosting a work session on December 12, 2017 to discuss Aspire Eden Prairie 2040. The Planning Commission is invited to attend. IX. MEMBERS' REPORT X. CONTINUING BUSINESS XI. NEW BUSINESS XI I. ADJOURNMENT MOTION: Villarreal moved, seconded by DeSanctis, to adjourn the Planning Commission meeting. Motion carried 6-0. PLANNING COMMISSION MINUTES October 23, 2017 Page 4 Chair Pieper adjourned the meeting at 8:15 p.m. CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims November 14, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Sue Kotchevar, Finance Payment of Claims X. Administration Requested Action Move to: Approve the Payment of Claims as submitted (roll call vote) Synopsis Checks 256249 - 256850 Wire Transfers 1018189— 1018398 Wire Transfers 6313 - 6345 Purchasing Card 6332 City of Eden Prairie Council Check Summary 11/14/2017 Division Amount Division Amount 25,343 304 Senior Board 263 100 City Manager 3 308 E-911 1,763 101 Legislative 9,570 309 DWI Forfeiture 62 102 Legal Counsel 35,162 315 Economic Development 18,787 110 City Clerk 582 502 Park Development 354,186 111 Customer Service 4,386 509 CIP Fund 547,972 112 Human Resources 2,157 512 CIP Trails 12,553 113 Communications 6,779 513 CIP Pavement Management 782 114 Benefits&Training 6,774 522 Improvement Projects 2006 76,285 130 Assessing 1,431 529 Shady Oak Rd-CR 61 South 31,586 131 Finance 1,043 531 Eden Prairie Road 595 132 Housing and Community Services 12,900 532 EP Road Connect Flying Cloud 22,910 133 Planning 44,551 536 General LRT 732 136 Public Safety Communications 1,990 804 100 Year History 64 137 Economic Development 938 Total Capital Projects Fund 1,068,538 138 Community Development Admin. 57 150 Park Administration 777 601 Prairie Village Liquor 170,224 151 Park Maintenance 51,572 602 Den Road Liquor 318,711 153 Organized Athletics 562 603 Prairie View Liquor 219,348 154 Community Center 28,138 605 Den Road Building 1,504 155 Beaches -599 701 Water Enterprise Fund 266,333 156 Youth Programs 4,970 702 Wastewater Enterprise Fund 25,222 157 Special Events 785 703 Stormwater Enterprise Fund 132,363 158 Senior Center 4,375 Total Enterprise Fund 1,133,704 159 Recreation Administration 562 160 Therapeutic Recreation 136 316 WAFTA 711 162 Arts 7,146 802 494 Commuter Services 26,846 163 Outdoor Center 1,239 803 Escrow Fund 48,579 164 Park Rental Facilities 389 806 SAC Agency Fund 47,215 168 Arts Center 3,560 807 Benefits Fund 1,218,673 180 Police 28,378 809 Investment Fund 9,157 184 Fire 90,029 810 Workers Comp Insurance 123,877 186 Inspections 2,458 811 Property Insurance 190,765 200 Engineering 15,053 812 Fleet Internal Service 111,607 201 Street Maintenance 89,978 813 IT Internal Service 93,044 202 Street Lighting 67,263 814 Facilities Capital ISF 90,491 Total General Fund 550,438 815 Facilites Operating ISF 82,762 816 Facilites City Center ISF 196,987 301 CDBG 34,967 817 Facilites Comm.Center ISF 126,762 303 Cemetary Operation 31 Total Internal Svc/Agency Funds 2,367,476 312 Recycle Rebate 2,115 Total Special Revenue Fund 37,113 Report Total 5,158,069 434 2008A Capital Equipment Notes 400 435 2008B G.O.Improvement Bonds 400 Total Debt Service Fund 800 City of Eden Prairie Council Check Register by GL 11/14/2017 Check# Amount Supplier/Explanation Account Description Business Unit Comments 1018235 459,160 ODESA II LLC Improvements to Land Capital Maint.&Reinvestment Riley Lake renovation 256808 338,258 MINGER CONSTRUCTION INC Improvements to Land Park Acquisition&Development Cedar Hills construction 256642 264,784 HEALTHPARTNERS Accounts Receivable Health and Benefits Premiums Nov17 6321 254,517 ULTIMATE SOFTWARE GROUP,THE Federal Taxes Withheld Health and Benefits payroll taxes PR ending 10/13/17 6340 246,966 ULTIMATE SOFTWARE GROUP,THE Federal Taxes Withheld Health and Benefits payroll taxes PR ending 10/27/17 256668 239,712 LEAGUE MN CITIES INS TRUST Workers Comp Insurance Property Insurance Work comp ins/PC policy 1018290 217,049 XCEL ENERGY Electric Senior Center Multi location electric 6337 165,068 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA PR ending 10/13/17 6324 163,876 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA PR ending 09/27/17 6316 120,496 MINNESOTA DEPT OF REVENUE Sales Tax Payable Historical Culture Sales Tax Sept 2017 256398 96,984 HENNEPIN COUNTY TREASURER Licenses,Taxes,Fees City Hall-Direct Costs 1018346 81,155 SRF CONSULTING GROUP INC Design&Engineering EP Rd Connect to Flying Cloud 256442 72,430 RJ MARCO CONSTRUCTION INC Insurance Property Insurance 256412 64,956 LAVAN FLOOR COVERING Other Contracted Services Facilities Capital 256715 60,766 USBANCORP Interest Fire 6332 60,056 US BANK Conference/Training Fleet Operating 256558 54,861 RAINWATER MANAGEMENT SOLUTIONS INC Machinery&Equipment Stormwater Capital 256533 53,028 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store 1018327 52,130 GREGERSON ROSOW JOHNSON&NILAN LTD Operating Supplies Project Fund 256817 48,777 NELSON AUTO CENTER,INC Autos Fleet-Park&Rec 256421 46,743 METROPOLITAN COUNCIL Other Revenue SAC Agency Fund 256658 41,164 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store 256694 36,602 REHBEIN'S AGRICULTURAL SERVICES Lime Residual Removal Water Treatment 1018334 33,697 LOGIS LOGIS IT Capital 256583 32,343 ALLIED BLACKTOP CO Seal Coating Street Maintenance 1018316 31,086 WSB&ASSOCIATES INC Design&Engineering Capital Maint.&Reinvestment 256730 29,102 AMERICAN ENGINEERING TESTING INC Testing CIP Trails 256527 28,660 INTEGRITY REMODELING&DESIGN GROUP LLC Improvement Contracts Stormwater Capital 256750 28,424 C S MCCROSSAN CONSTRUCTION INC Improvement Contracts Shady Oak Rd-CR 61 South 256701 27,483 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store 1018222 25,988 DIVERSE BUILDING MAINTENANCE Janitor Service Prairie Village Liquor Store 256595 25,975 BITUMINOUS ROADWAYS INC Other Contracted Services Capital Maint.&Reinvestment 256409 25,552 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store 256795 25,428 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store 256404 25,024 HOUSEAL LAVIGNE ASSOCIATES Other Contracted Services Planning 6336 24,599 EMPOWER Deferred Compensation Health and Benefits 6323 24,522 EMPOWER Deferred Compensation Health and Benefits 1018322 24,098 DIVERSE BUILDING MAINTENANCE Janitor Service Prairie Village Liquor Store 256342 23,332 ABM ONSITE SERVICES-MIDWEST Janitor Service City Hall-CAM 256565 21,244 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store 256838 20,584 SOUTH METRO PUBLIC SAFETY TRAINING FACIL Other Contracted Services Public Safety Training Facilit 256839 19,956 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store 1018228 19,923 LOGIS Software Maintenance IT Operating 256481 19,692 BREAKTHRU BEVERAGE MINNESOTA BEER LLC Liquor Product Received Den Road Liquor Store 1018232 19,670 MINNESOTA ROADWAYS CO Other Contracted Services Facilities Capital Check# Amount Supplier/Explanation Account Description Business Unit Comments 256827 19,063 PRAIRIE PARTNERS SIX LLP Waste Disposal Prairie Village Liquor Store 256813 18,795 MINNESOTA VALLEY ELECTRIC COOPERATIVE Other Contracted Services Capital Maint.&Reinvestment 6338 18,569 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits 256649 18,188 HOUSEAL LAVIGNE ASSOCIATES Other Contracted Services Planning 6322 17,911 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits 256655 17,815 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store 256518 17,274 GRAYMONT Treatment Chemicals Water Treatment 256804 17,262 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating 1018328 16,381 HANSEN THORP PELLINEN OLSON Other Contracted Services Park Acquisition&Development 256598 16,133 BREAKTHRU BEVERAGE MINNESOTA WINE&SPIR Liquor Product Received Prairie View Liquor Store 1018370 15,955 ADVANCED ENGINEERING&ENVIRONMENTAL SE Other Contracted Services Water Supply(Wells) 1018373 15,631 CENTERPOINT ENERGY Gas General Community Center 256597 15,502 BREAKTHRU BEVERAGE MINNESOTA BEER LLC Liquor Product Received Prairie Village Liquor Store 1018219 15,495 CENTERPOINT ENERGY Gas Water Treatment 256357 14,761 BREAKTHRU BEVERAGE MINNESOTA WINE&SPIR Liquor Product Received Prairie Village Liquor Store 256829 14,683 PRAIRIEVIEW RETAIL LLC Building Rental Prairie View Liquor Store 256434 14,189 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store 6314 13,986 LIFE INSURANCE COMPANY OF NORTH AMERICA Life Insurance EE/ER Health and Benefits 256356 13,854 BREAKTHRU BEVERAGE MINNESOTA BEER LLC Liquor Product Received Prairie View Liquor Store 256358 13,673 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store 256446 13,328 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store 256784 12,953 GRAYMONT Treatment Chemicals Water Treatment 256394 12,862 GRAYMONT Treatment Chemicals Water Treatment 256539 12,714 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating 256793 12,648 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store 256408 11,960 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store 1018388 11,360 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical Rehab 256603 11,335 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store 6331 11,121 I-494 CORRIDOR COMMISSION Deposits 494 Corridor Commission 256751 11,089 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store 256482 11,019 BREAKTHRU BEVERAGE MINNESOTA WINE&SPIR Liquor Product Received Den Road Liquor Store 256776 10,656 FINLEY BROS INC Seal Coating Park Maintenance 256485 10,597 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store 1018351 10,528 WALL TRENDS INC Contract Svcs-General Bldg Dunn Brothers 256531 10,193 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store 256354 9,948 BOLTON&MENK INC Design&Engineering Improvement Projects 2006 1018381 9,571 MENARDS Small Tools Fitness/Conference-Cmty Ctr 1018267 9,506 A-SCAPE INC Other Contracted Services Den Bldg.-CAM 256590 9,460 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store 6341 9,298 US BANK-CREDIT CARD MERCHANT ONLY Bank and Service Charges Finance 256736 9,157 ADVANTUS CAPITAL MANAGEMENT INC Interest Investment Fund 256748 9,056 BREAKTHRU BEVERAGE MINNESOTA WINE&SPIR Liquor Product Received Prairie Village Liquor Store 256487 9,000 CD3 GENERAL BENEFIT CORPORATION Capital Under$25,000 Stormwater Capital 6326 8,945 SELECT ACCOUNT HSA-Employer Health and Benefits 6313 8,719 I-494 CORRIDOR COMMISSION Deposits 494 Corridor Commission 256638 8,533 GRAYMONT Treatment Chemicals Water Treatment 6327 8,000 DRI TITLE&ESCROW Refunds CDBG-Public Service 256703 7,992 SOUTHWEST SUBURBAN CABLE COMMISSION Dues&Subscriptions City Council 256704 7,960 SPACK CONSULTING Deposits Escrow 256407 7,842 INTEGRITY REMODELING&DESIGN GROUP LLC Contract Svcs-Gener Arts Center Check# Amount Supplier/Explanation Account Description Business Unit Comments 256747 7,839 BREAKTHRU BEVERAGE MINNESOTA BEER LLC Liquor Product Received Prairie View Liquor Store 1018354 7,836 XCEL ENERGY Electric Traffic Signals 256824 7,782 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store 256672 7,500 MASONRY PLUS OF MINNESOTA LLC Other Contracted Services Rehab 256555 7,466 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store 256699 7,359 SAFETY SIGNS Equipment Repair&Maint Water Distribution 1018217 6,944 BIFFS INC Waste Disposal Staring Lake 1018337 6,866 MINNESOTA ROADWAYS CO Other Contracted Services Capital Maint.&Reinvestment 1018385 6,865 ODESA II LLC Other Contracted Services Riley Lake 256611 6,686 COMMERCIAL ASPHALT CO Patching Asphalt Street Maintenance 256366 6,675 COMMERCIAL ASPHALT CO Patching Asphalt Stormwater Collection 256695 6,500 RIGHTLINE DESIGN LLC Other Contracted Services Communications 1018315 6,430 WENCK ASSOCIATES INC OCS-Monitoring Stormwater Non-Capital 256816 6,357 NAC Contract Svcs-Plumbing Fitness/Conference-Cmty Ctr 256731 6,350 M-R SIGN CO INC Signs Street Maintenance 1018382 6,263 METRO SALES INCORPORATED* Other Rentals IT Operating 1018254 6,225 MAVO SYSTEMS Contract Svcs-Pest Control Riley House 256687 6,196 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store 256619 6,182 DOSSIER SYSTEMS,INC Software Maintenance IT Operating 256535 6,109 KERBER TILE,MARBLE&STONE INC Contract Svcs-Pool Pool Maintenance 256601 6,060 BWS HEATING&AIR CONDITIONING Other Contracted Services Economic Development Fund 256464 6,000 YMCA Other Contracted Services Housing and Community Service 1018379 5,904 HANSEN THORP PELLINEN OLSON Design&Engineering Economic Development Fund 256801 5,750 LUBE-TECH&PARTNERS LLC Lubricants&Additives Fleet Operating 256474 5,731 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store 256723 5,711 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store 6342 5,689 SAGE PAYMENT SOLUTIONS Bank and Service Charges Wastewater Accounting 1018236 5,522 POMP'S TIRE SERVICE INC Tires Fleet Operating 256377 5,380 EAST SIDE GLASS Building Materials Round Lake 256359 5,343 CEMSTONE PRODUCTS COMPANY Asphalt Overlay Street Maintenance 1018343 5,312 SENIOR COMMUNITY SERVICES Refunds CDBG-Public Service 256753 5,175 CEMSTONE PRODUCTS COMPANY Asphalt Overlay Street Maintenance 256775 5,163 ERICKSON ENGINEERING COMPANY LLC Design&Engineering Engineering 256573 5,128 VERIZON WIRELESS Other Contracted Services IT Operating 256774 5,116 EPAM ROTARY FOUNDATION Deposits Den Road Liquor Store 256556 4,967 PIONEER TRAILS HOMEOWNERS Rebates Water Conservation 6345 4,938 SELECT ACCOUNT FSA-Dependent Care Health and Benefits 1018225 4,843 HAWKINS INC Treatment Chemicals Water Treatment 1018329 4,653 HAWKINS INC Treatment Chemicals Water Treatment 256799 4,638 LAVAN FLOOR COVERING Capital Under$25,000 FF&E-Furn,Fixtures&Equip. 256479 4,551 BLACKSTONE CONTRACTORS LLC Other Contracted Services Stormwater Non-Capital 256786 4,500 HAMPTON INN EDEN PRAIRIE Deposits Escrow 1018230 4,326 METRO SALES INCORPORATED* Equipment Rentals IT Operating 256456 4,260 TRAFFIC CONTROL CORPORATION Equipment Repair&Maint Traffic Signals 256429 4,258 NORTHSTAR MUDJACKING&MORE LLC Mudjacking Curbs Drainage 1018367 4,110 VAN PAPER COMPANY Tenant 1 -Cleaning Suppli Fitness/Conference-Cmty Ctr 256762 4,053 CORE&MAIN Equipment Parts Water Distribution 256788 4,000 HENNEPIN COUNTY OCS-Monitoring Stormwater Non-Capital 256345 4,000 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store 256763 3,983 DEPT OF EMPLOYMENT/ECONOMIC DEVELOPMENT Interest Economic Development Fund Check# Amount Supplier/Explanation Account Description Business Unit Comments 256720 3,977 WELSH COMPANIES Other Contracted Services Property Insurance 256511 3,875 EDEN PRAIRIE EARLY CHILDHOOD Other Contracted Services Rehab 256809 3,819 MINNESOTA DEPARTMENT OF EMPLOYMENT Unemployment Compensation Organizational Services 1018353 3,601 WINE COMPANY,THE Liquor Product Received Prairie Village Liquor Store 256544 3,529 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Riley Lake 256850 3,484 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store 256714 3,449 ULTIMATE SOFTWARE GROUP,THE Ultimate(prey.Ceridian) IT Operating 256462 3,403 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store 256725 3,375 EDEN PRAIRIE DEVELOPMENT LLC Deposits Escrow 1018289 3,357 WM MUELLER AND SONS INC Patching Asphalt Street Maintenance 256375 3,338 DODGE OF BURNSVILLE Equipment Repair&Maint Fleet Operating 256508 3,337 DPC INDUSTRIES INC Treatment Chemicals Water Treatment 256517 3,238 GRAPE BEGINNINGS Liquor Product Received Den Road Liquor Store 256599 3,216 BRYAN ROCK PRODUCTS INC Gravel Water Distribution 256674 3,213 MILLER DUNWIDDIE Other Contracted Services Heritage Preservation 256486 3,206 CARVER COUNTY LICENSE CENTER Autos Fleet-Park&Rec 1018392 3,194 STREICHERS Clothing&Uniforms Police 256405 3,169 IMPACT PROVEN SOLUTIONS Other Contracted Services Water Accounting 256470 3,160 ADVANCED COATING SYSTEMS Other Contracted Services Capital Maint.&Reinvestment 256646 3,137 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store 1018391 3,135 ST CROIX ENVIRONMENTAL INC OCS-Well Field Mgmt Water Supply(Wells) 256525 3,100 INFRARED CONSULTING SERVICES INC Contract Svcs-HVAC City Hall-CAM 256716 3,100 VERTIV SERVICES INC Hardware-Rpr&Mtc IT Operating 256604 3,096 CEMSTONE PRODUCTS COMPANY Asphalt Overlay Stormwater Collection 256488 3,058 CEMSTONE PRODUCTS COMPANY Asphalt Overlay Stormwater Collection 256381 3,047 FIRE SAFETY USA INC Equipment Repair&Maint Fire 1018210 3,039 VAN PAPER COMPANY Cleaning Supplies City Hall-Direct Costs 256373 3,038 DEPARTMENT OF CORRECTIONS Other Contracted Services Park Maintenance 256575 3,017 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store 256639 2,945 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Concessions 256476 2,942 ASPEN MILLS Clothing&Uniforms Fire 256360 2,942 CENTURYLINK Telephone City Hall-CAM 1018264 2,940 VINOCOPIA Liquor Product Received Den Road Liquor Store 256513 2,924 FIRE SAFETY USA INC Equipment Testing/Cert. Fire 1018323 2,921 ESS BROTHERS&SONS INC Repair&Maint.Supplies Stormwater Collection 256382 2,916 FIRST MINNETONKA CITY BANK Deposits 494 Corridor Commission 256680 2,912 NAC Contract Svcs-HVAC Water Treatment 256371 2,907 COUNTY MATERIALS CORPORATION Equipment Parts Stormwater Collection 256769 2,875 EDEN PRAIRIE COMMUNITY CENTER Operating Supplies Camp at Community Center 256657 2,860 JOHN NAGENGAST DOORS LLC Other Contracted Services Rehab 256702 2,821 SOUTHWEST NEWS MEDIA Legal Notices Publishing Prairie Village Liquor Store 1018300 2,757 GREENSIDE INC Contract Svcs-Lawn Maint. City Hall-CAM 256790 2,723 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store 256652 2,683 INTERTECH INC Contract Development IT Operating 256376 2,622 DPC INDUSTRIES INC Treatment Chemicals Water Treatment 1018205 2,601 R&R SPECIALTIES OF WISCONSIN INC Repair&Maint-Ice Rink Ice Arena Maintenance 256584 2,577 ALLINA HEALTH SYSTEM Training Supply-Operating Fire 1018287 2,530 STREICHERS Protective Clothing Police 1018215 2,522 ASPEN WASTE SYSTEMS INC. Waste Disposal Fire Station#3 1018342 2,500 PRAIRIE ELECTRIC COMPANY Contract Svcs-Elect City Hall-CAM Check# Amount Supplier/Explanation Account Description Business Unit Comments 1018313 2,489 VAN PAPER COMPANY Direct SuperValu Fitness/Conference-Cmty Ctr 256711 2,476 TARGETSOLUTIONS LEARNING,LLC Training Supply-Operating Fire 256822 2,356 PAUSTIS&SONS COMPANY Liquor Product Received Prairie Village Liquor Store 256426 2,352 MINTAHOE INC Operating Supplies Wine Club/Events 1018376 2,337 ESS BROTHERS&SONS INC Repair&Maint.Supplies Wasterwater Collection 256401 2,305 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store 1018246 2,292 BRAUN INTERTEC CORPORATION Other Contracted Services Park Acquisition&Development 256427 2,286 MOBOTREX INC Equipment Repair&Maint Traffic Signals 1018283 2,242 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical Fitness/Conference-Cmty Ctr 256570 2,190 TRACMAC INC Maintenance Contracts Water Treatment 256735 2,165 ACOUSTICS ASSOCIATES INC Contract Svcs-General Bldg Fitness/Conference-Cmty Ctr 256391 2,142 GEAR WASH LLC Protective Clothing Fire 256351 2,119 BEACON ATHLETICS Operating Supplies Capital Impr/Maint Fixed 256387 2,115 FOTH INFRASTRUCTURE&ENVIRONMENT LLC Other Contracted Services Recycle Rebate 256554 2,097 PAUSTIS&SONS COMPANY Liquor Product Received Den Road Liquor Store 256344 2,090 APPLIED ECOLOGICAL SERVICES INC Other Contracted Services Water Capital 1018321 2,078 CENTERPOINT ENERGY Gas City Hall-CAM 1018241 2,077 WINE COMPANY,THE Liquor Product Received Prairie Village Liquor Store 256523 2,071 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store 6330 2,049 SELECT ACCOUNT FSA-Dependent Care Health and Benefits 256802 2,037 MACDONALD&MACK ARCHITECTS LTD Other Contracted Services Facilities Capital 1018378 2,030 GRAINGER Equipment Parts Miller Park 256526 2,030 INNOVATIVE GRAPHICS Operating Supplies Police 6315 2,018 SELECT ACCOUNT FSA-Dependent Care Health and Benefits 256416 2,013 LUTHY SANDBLASTING&PAINTING INC Equipment Repair&Maint Fleet Operating 1018374 2,004 DELL Hardware-Rpr&Mtc IT Operating 256792 1,966 INTERNATIONAL UNION OF OPERATING Union Dues Withheld Health and Benefits 256696 1,936 RJ MARCO CONSTRUCTION INC Other Contracted Services Economic Development Fund 256475 1,935 ARVIG Fiber Lease Payments IT Operating 1018369 1,919 ZIEBOL,MATTHEW Travel Expense Human Resources 256738 1,873 ARTEKA OUTDOOR SERVICES Landscape Materials/Supp Street Maintenance 256501 1,873 COSTCO Operating Supplies E-911 Program 256772 1,869 EHLERS&ASSOCIATES INC Deposits Escrow 256528 1,850 IRON MALTESE ATHLETICS Training Supply-Recruit Fire 256679 1,825 MOBOTREX INC Equipment Repair&Maint Traffic Signals 1018371 1,800 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store 256420 1,800 MESSERLI&KRAMER Deposits 494 Corridor Commission 1018389 1,730 SHADYWOOD TREE EXPERTS INC Other Contracted Services Tree Removal 1018296 1,717 BRAUN INTERTEC CORPORATION Landscape Materials/Supp Street Maintenance 256600 1,710 BUREAU OF CRIMINAL APPREHENSION Software Maintenance IT Operating 1018324 1,676 GENUINE PARTS COMPANY Repair&Maint.Supplies Fleet Operating 256718 1,669 WARNING LITES Contracted Striping Traffic Signs 256686 1,667 PAUSTIS&SONS COMPANY Liquor Product Received Prairie Village Liquor Store 1018387 1,660 POMP'S TIRE SERVICE INC Tires Fleet Operating 256739 1,617 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store 256743 1,601 BERNICK'S WINE Liquor Product Received Prairie Village Liquor Store 1018223 1,590 DREW'S CONCESSIONS LLC Merchandise for Resale Concessions 1018211 1,562 VINOCOPIA Liquor Product Received Prairie Village Liquor Store 256466 1,543 CENTURYLINK Telephone IT Operating 1018239 1,506 STREICHERS Clothing&Uniforms Animal Control Check# Amount Supplier/Explanation Account Description Business Unit Comments 256503 1,500 DAVID MARK Rebates Stormwater Non-Capital 256541 1,500 MEALS ON WHEELS Other Contracted Services Housing and Community Service 256551 1,500 OHARA DAVID Rebates Stormwater Non-Capital 256654 1,500 JENSEN CRISTY Rebates Stormwater Non-Capital 1018397 1,496 WINE COMPANY,THE Liquor Product Received Prairie Village Liquor Store 1018330 1,487 HORIZON COMMERCIAL POOL SUPPLY Supplies-Pool Pool Maintenance 256540 1,485 MATTS AUTO SERVICE INC Other Contracted Services Police 1018314 1,484 VINOCOPIA Liquor Product Received Prairie Village Liquor Store 256567 1,472 STAPLES ADVANTAGE Office Supplies Police City Center 1018269 1,456 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store 256453 1,450 SUNSHINE FITNESS RESOUCES,LLC Other Contracted Services IT Operating 256418 1,439 MARSHALL'S FARM MARKET Operating Supplies Fall Harvest 1018394 1,435 WALL TRENDS INC Other Contracted Services Economic Development Fund 256534 1,380 KENDELL DOORS&HARDWARE INC Contract Svcs-Security Den Road Liquor Store 256402 1,375 HOMELINE Other Contracted Services Housing and Community Service 256791 1,372 INDEED BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store 256445 1,363 SIGNSOURCE Other Contracted Services Capital Maint.&Reinvestment 256726 1,350 EDEN PRAIRIE FOUNDATION Deposits Den Road Liquor Store 256614 1,344 DALE GREEN COMPANY,THE Landscape Materials/Supp Park Maintenance 256594 1,341 BERNICK'S WINE Liquor Product Received Prairie Village Liquor Store 1018305 1,334 LYNDALE PLANT SERVICES Contract Svcs-Int.Landscape City Hall-CAM 256582 1,300 AIRWATCH LLC Software Maintenance IT Operating 256650 1,298 INDEED BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store 1018242 1,293 ADAMS PEST CONTROL INC Contract Svcs-Pest Control City Hall-CAM 256764 1,272 DODGE OF BURNSVILLE Equipment Parts Fleet Operating 256757 1,268 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie Village Liquor Store 256635 1,254 GOPHER STATE ONE-CALL OCS-Leak Detection Utility Operations-General 256671 1,250 MARTIN-MCALLISTER Employment Support Test Organizational Services 1018229 1,242 MENARDS Operating Supplies Fitness/Conference-Cmty Ctr 256437 1,227 RANDY'S ENVIRONMENTAL SERVICES Waste Disposal City Hall-CAM 1018270 1,207 CENTERPOINT ENERGY Gas Den Road Liquor Store 6325 1,200 SELECT ACCOUNT Other Contracted Services Health and Benefits 256740 1,160 AT YOUTH PROGRAMS LLC Instructor Service Tennis 1018248 1,160 CHEMSEARCH Contract Svcs-HVAC Ice Arena Maintenance 256392 1,151 GERTENS Landscape Materials/Supp Capital Maint.&Reinvestment 256353 1,137 BERNICK'S WINE Liquor Product Received Prairie Village Liquor Store 1018297 1,127 CHEMSEARCH Contract Svcs-HVAC City Hall-CAM 256588 1,125 APPLIED ECOLOGICAL SERVICES INC Other Contracted Services Water Capital 256794 1,120 JOHN A DALSIN&SON INC Contract Svcs-Roof Public Works/Parks 256653 1,051 J H LARSON COMPANY Repair&Maint.Supplies Purgatory Creek Park 256537 1,041 LANO EQUIPMENT INC Equipment Repair&Maint Stormwater Collection 256451 1,040 STERNBERG LIGHTING Equipment Repair&Maint Traffic Signals 256744 1,025 BLOOMINGTON,CITY OF Kennel Services Animal Control 256436 1,024 PROFESSIONAL FOOD SERVICE Special Event Fees Senior Center Programs 1018251 1,023 HACH COMPANY Laboratory Chemicals Water Treatment 256519 1,022 GREAT LAKES COCA-COLA DISTRIBUTION Merchandise for Resale Concessions 256698 1,012 ROWLAND SHADY OAK PROPERTIES LLC Reimbursement-legal notices Escrow 256836 1,004 SIGNSOURCE Operating Supplies Community Center Admin 256380 1,004 EULL'S MANUFACTURING CO INC Repair&Maint.Supplies Stormwater Collection 256516 1,000 GEISELHART SCOTT Conference/Training Fire Check# Amount Supplier/Explanation Account Description Business Unit Comments 256625 998 EDUCATION AND TRAINING SERVICES Conference/Training Utility Operations-General 256396 994 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Board of Prisoner Police 256706 988 STAPLES ADVANTAGE Office Supplies Police City Center 256562 980 SHAMROCK TOURS Special Event Fees Trips 256566 977 SPIRIT APPAREL AND STUFF Operating Supplies Day Care 1018301 970 HACH COMPANY Laboratory Chemicals Water Treatment 1018240 964 TWIN CITY SEED CO Landscape Materials/Supp Street Maintenance 256397 963 HENNEPIN COUNTY TREASURER Deposits Escrow 256507 950 DOMACE VINO Liquor Product Received Den Road Liquor Store 256574 950 VISUAL COMMUNICATIONS Design&Engineering Economic Development Fund 256500 950 CORE&MAIN Repair&Maint.Supplies Stormwater Collection 1018250 941 FASTENAL COMPANY Waste Disposal Fleet Operating 256705 931 SPOK,INC. Pager&Cell Phone IT Operating 256385 924 FLYING CLOUD TRANSFER STATION 4553 Waste Disposal Park Maintenance 1018253 923 KRUEGER,MARK Miscellaneous Reserves 256546 911 MODIST BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 1018341 900 PARLEY LAKE WINERY Liquor Product Received Prairie Village Liquor Store 256689 888 PITNEY BOWES Postage Customer Service 256411 878 LANO EQUIPMENT INC Equipment Repair&Maint Street Maintenance 256670 878 LUPULIN BREWING COMPANY Liquor Product Received Den Road Liquor Store 256568 877 SUMMIT COMMERCIAL FACILITIES GROUP Contract Svcs-Garden Romm Garden Room Repairs 256543 870 MINNESOTA TROPHIES&GIFTS Operating Supplies Police 6329 869 SELECT ACCOUNT FSA-Medical Health and Benefits 1018275 865 HORIZON COMMERCIAL POOL SUPPLY Supplies-Pool Pool Maintenance 256811 860 MINNESOTA SAFETY SERVICES LLC Other Contracted Services Pool Operations 256478 851 BERNICK'S WINE Liquor Product Received Den Road Liquor Store 256806 845 MEDICINE LAKE TOURS Special Event Fees Trips 256624 840 EDEN PRAIRIE ROTARY CLUB Deposits Den Road Liquor Store 1018234 830 NORTHWEST ASPHALT Conservation Surcharge Escrow 1018368 823 VINOCOPIA Liquor Product Received Prairie Village Liquor Store 256585 809 AMAZING ATHLETES OF SOUTHWEST METRO Instructor Service Preschool Events 256719 800 WELLS FARGO BANK MINNESOTA NA Paying Agent 2008A Capital Equipment Notes 256447 788 SOUTHWEST TRANSIT Deposits Escrow 256465 779 YORKTOWN OFFICES Deposits 494 Corridor Commission 1018288 764 WINE COMPANY,THE Liquor Product Received Den Road Liquor Store 256746 763 BOUND TREE MEDICAL LLC EMS Supplies-EMS Supplies Fire 256820 756 PAPCO INC Janitor Service City Hall-CAM 256406 755 INDEED BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store 256656 743 JOHN HENRY FOSTER MINNESOTA INC Maintenance Contracts Water Treatment 256616 732 DESTINATION TRANSPORT LLC Other Contracted Services General LRT 6317 720 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Operating 256547 718 NAC Contract Svcs-HVAC Dunn Brothers 256448 713 SQUEEZE SQUAD Conservation Surcharge Escrow 256767 710 EARL F ANDERSEN INC Signs Traffic Signs 256491 700 CITY OF CHASKA Other Contracted Services WAFTA 256542 700 MINNESOTA CANINE CONSULTING,LLC Tuition Reimbursement/School Police 1018298 691 CLAREY'S SAFETY EQUIPMENT Safety Supplies Water Treatment 1018319 690 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store 256643 681 HENNEPIN COUNTY I/T DEPT Software Maintenance Public Safety Communications 1018348 660 STREICHERS Clothing&Uniforms Police Check# Amount Supplier/Explanation Account Description Business Unit Comments 1018390 659 SPS COMPANIES Supplies-Plumbing Facilities Staff 1018292 653 ALBERS,JASON Tuition Reimbursement/School Organizational Services 256823 651 PEMTOM LAND CO. Reimbursement-legal notices Escrow 256633 626 GENERAL OFFICE PRODUCTS COMPANY Other Contracted Services Police City Center 256463 626 WORKS COMPUTING INC Other Contracted Services IT Operating 256648 625 HOME DEPOT CREDIT SERVICES Supplies-Asphalt/Concrete Fitness/Conference-Cmty Ctr 1018338 612 MOOD MEDIA Other Contracted Services Prairie Village Liquor Store 256724 608 WINSUPPLY EDEN PRAIRIE MN CO Equipment Repair&Maint Traffic Signals 256393 600 GILES OUTDOOR SERVICES LLC Landscape Materials/Supp Park Maintenance 256819 600 NYREN NATHAN AND AMY Rebates Water Conservation 1018318 598 ASPEN WASTE SYSTEMS INC. Waste Disposal Park Maintenance 1018293 576 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Fire 256593 575 BARTON SAND&GRAVEL CO Waste Blacktop/Concrete Street Maintenance 256355 569 BOURGET IMPORTS Liquor Product Received Prairie Village Liquor Store 256538 567 LUPULIN BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 256729 567 EDEN PRAIRIE COMMUNITY EDUCATION Instructor Service Senior Center Programs 256349 550 BARTON SAND&GRAVEL CO Waste Blacktop/Concrete Street Maintenance 256845 550 TOTAL ENTERTAINMENT/KIDSDANCE PROD. Other Contracted Services Halloween Party 256415 540 LUPULIN BREWING COMPANY Liquor Product Received Den Road Liquor Store 1018310 536 SCHMIDT,MATT Travel Expense Police 1018312 528 SITEONE LANDSCAPE SUPPLY,LLC Repair&Maint.Supplies Forest Hills Park 256612 527 CONTECH ENGINEERED SOLUTIONS LLC Equipment Parts Stormwater Collection 1018333 527 LEROY JOB TRUCKING INC Other Contracted Services Animal Control 256480 526 BOURGET IMPORTS Liquor Product Received Den Road Liquor Store 256661 523 KENDELL DOORS&HARDWARE INC Supplies-General Bldg Pool Maintenance 256468 522 ABLE SEEDHOUSE AND BREWERY Liquor Product Received Den Road Liquor Store 1018221 518 DAKOTA SUPPLY GROUP INC Equipment Parts Water Metering 256569 507 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions 256576 500 AITKIN COUNTY SHERIFFS DEPARTMENT Deposits Escrow 256606 500 CHEESMAN SARAH P&R Refunds Community Center Admin 256688 500 PIONEER TRAILS HOMEOWNERS Rebates Water Conservation 1018336 495 METRO SALES INCORPORATED* Equipment Rentals IT Operating 1018193 489 BOUNDLESS NETWORK Merchandise for Resale Concessions 256505 487 DISPLAY SALES Repair&Maint.Supplies Fire Station#1 256847 486 UNIVERSAL ATHLETIC SERVICES INC Awards Park Maintenance 256844 478 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions 256515 477 GALLS LLC Clothing&Uniforms Police 1018349 464 TWIN CITY SEED CO Landscape Materials/Supp Stormwater Collection 256833 461 SCHERER BROTHERS LUMBER CO Building Materials Capital Maint.&Reinvestment 256383 458 FIRST SERVICE RESIDENTIAL Rebates Water Conservation 6339 455 ULTIMATE SOFTWARE GROUP,THE Garnishment Withheld Health and Benefits 1018395 452 WATSON CO INC,THE Merchandise for Resale Concessions 1018259 449 PETERSON,DANIEL J Travel Expense Police 256807 442 MIDWEST COCA COLA BOTTLING COMPANY Liquor Product Received Prairie Village Liquor Store 1018280 436 MN SUPPLY Contract Svcs-Fire/Life/Safe Facilities Staff 256560 435 SCHERER BROTHERS LUMBER CO Building Materials Capital Maint.&Reinvestment 1018335 434 MENARDS Building Materials Fitness/Conference-Cmty Ctr 256683 432 OXYGEN SERVICE COMPANY EMS Supplies-Oxygen Supplies Fire 1018273 426 GRAINGER Supplies-General Bldg Fitness/Conference-Cmty Ctr 256522 425 HENNEPIN COUNTY FIRE CHIEF ASSOCIATION Dues&Sub-Cert&Licensing Fire Check# Amount Supplier/Explanation Account Description Business Unit Comments 256363 424 CINTAS CORPORATION #470 Cleaning Supplies Utility Operations-General 256756 424 CINTAS CORPORATION #470 Cleaning Supplies Utility Operations-General 1018317 423 AMERITRAK Other Contracted Services Snow&Ice Control 256532 419 JOHN A DALSIN&SON INC Other Contracted Services Economic Development Fund 1018198 415 GREATAMERICA FINANCIAL SVCS Postage Customer Service 1018278 407 MENARDS Building Materials Park Maintenance 1018377 406 FORKLIFTS OF MINNESOTA INC Equipment Repair&Maint Utility Operations-General 256710 404 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions 256754 392 CENTURYLINK Telephone E-911 Program 256693 392 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Den Road Liquor Store 256797 390 LAKE COUNTRY DOOR LLC Contract Svcs-General Bldg Public Works/Parks 256752 389 CAPREF EDEN PRAIRIE LLC Refunds Housing and Community Service 256626 388 EMERGENCY AUTOMOTIVE TECHNOLOGY INC Autos Fleet-Police 256608 388 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie Village Liquor Store 256399 386 HENNEPIN COUNTY TREASURER Waste Disposal Park Maintenance 1018384 384 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 256277 381 GILMET GREGORY AR Utility Water Enterprise Fund 256742 375 BECKER ARENA PRODUCTS INC Building Materials Capital Maint.&Reinvestment 256432 371 PAUSTIS&SONS COMPANY Liquor Product Received Prairie View Liquor Store 256837 368 SMALL LOT MN Liquor Product Received Prairie Village Liquor Store 256727 364 EDEN PRAIRIE DEVELOPMENT LLC Reimbursement-legal notices Escrow 256483 363 BRIN NORTHWESTERN GLASS COMPANY Contract Svcs-General Bldg Park Shelters 256370 358 CORPORATE TECHNOLOGIES Deposits 494 Corridor Commission 1018344 357 SHERWIN WILLIAMS Equipment Repair&Maint Traffic Signals 256506 352 DODGE OF BURNSVILLE Equipment Parts Fleet Operating 1018237 350 SHADYWOOD TREE EXPERTS INC Other Contracted Services Park Maintenance 1018231 349 MINNESOTA RECREATION&PARK ASSOCIATION Conference/Training Community Center Admin 1018356 342 BERKBIGLER,RIK Operating Supplies Fire 6333 341 US BANK-PAYMODE Bank and Service Charges Organizational Services 256310 341 MARTIN AMANDA AR Utility Water Enterprise Fund 256293 337 HUTCHINSON JOHN AR Utility Water Enterprise Fund 256734 336 ABLE SEEDHOUSE AND BREWERY Liquor Product Received Den Road Liquor Store 256471 335 AIRGAS USA LLC Supplies-Pool Pool Maintenance 256490 329 CINTAS CORPORATION Safety Supplies Community Center Admin 1018375 329 EDEN PRAIRIE FIREFIGHTER'S RELIEF ASSOC Union Dues Withheld Health and Benefits 1018307 329 PARK SUPPLY OF AMERICA INC Supplies-Plumbing Facilities Staff 1018245 328 BERRY COFFEE COMPANY Merchandise for Resale Concessions 256669 328 LOTTHAMMER,JAY Travel Expense Parks Administration 256422 325 MINNESOTA STATE FIRE CHIEFS ASSN Conference/Training Fire 256840 325 SOUTHVIEW SENIOR LIVING MANAGEMENT LLC Reimbursement Escrow 1018332 325 KIDCREATE STUDIO Instructor Service Fall Harvest 256783 323 GRAPE BEGINNINGS Liquor Product Received Prairie Village Liquor Store 256707 321 SUMMIT COMMERCIAL FACILITIES GROUP Contract Svcs-Plumbing Public Works/Parks 256832 320 ROOT 0 MATIC Equipment Repair&Maint Wasterwater Collection 256424 319 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Traffic Signals 256755 319 CHANKASKA CREEK RANCH&WINERY,LLC Liquor Product Received Prairie Village Liquor Store 1018355 319 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Den Road Liquor Store 256467 318 SCOTT COUNTY SHERIFF'S OFFICE Deposits Escrow 1018271 308 FORCE AMERICA Equipment Parts Fleet Operating 256697 305 ROOTSTOCK WINE COMPANY Liquor Product Received Prairie View Liquor Store Check# Amount Supplier/Explanation Account Description Business Unit Comments 1018197 302 FASTENAL COMPANY Equipment Parts Fleet Operating 256346 300 AUGDAHL,KRIS Clothing&Uniforms Theatre Initiative 256577 300 SCOTT COUNTY SHERIFF'S OFFICE Deposits Escrow 256631 300 FULL CIRCLE PRODUCTIONS Other Contracted Services Park Facilities 256787 300 HEALTHPARTNERS Health&Fitness Fire 1018396 300 WICHTERMAN'S LTD Equipment Repair&Maint Fleet Operating 256627 300 ENKI BREWING COMPANY INC Liquor Product Received Prairie Village Liquor Store 256589 298 APRES Other Rentals Theatre Initiative 1018299 295 FASTENAL COMPANY Repair&Maint.Supplies Fleet Operating 256343 295 AITKIN COUNTY TREASURER Deposits Escrow 256765 292 DOMACE VINO Liquor Product Received Prairie Village Liquor Store 256678 292 MINVALCO INC Supplies-HVAC Arts Center 256548 291 NEGOCE LLC Liquor Product Received Prairie Village Liquor Store 256708 290 SUNGATE WEST HOA Deposits Escrow 1018218 287 CDW GOVERNMENT INC. Printers IT Operating 256509 286 E A SWEEN COMPANY Merchandise for Resale Concessions 1018224 286 GRAINGER Lab Supplies Water Treatment 1018255 285 METROPOLITAN FORD Equipment Parts Fleet Operating 256472 285 AQUA LOGIC INC Supplies-Pool Pool Maintenance 256413 285 LEIFELD FRAMING Operating Supplies Police 256454 285 THINK SMALL P&R Refunds Community Center Admin 256458 283 URBAN CHEMIST LLC Liquor Product Received Prairie Village Liquor Store 1018383 282 MINNESOTA EQUIPMENT Equipment Parts Fleet Operating 256666 277 LANO EQUIPMENT INC Equipment Parts Fleet Operating 256572 276 URBAN GROWLER BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 256438 275 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Prairie View Liquor Store 1018194 269 BUSINESS ESSENTIALS Office Supplies Utility Operations-General 1018207 268 SHAMROCK GROUP,INC-ACE ICE Liquor Product Received Prairie Village Liquor Store 1018257 268 PARK SUPPLY OF AMERICA INC Supplies-Plumbing Public Works/Parks 256369 265 CORE&MAIN Operating Supplies Round Lake 256815 265 MUEHLBAUER,THOMAS G Other Contracted Services Community Band 1018279 264 METRO SALES INCORPORATED* Operating Supplies IT Operating 256452 263 SUMMIT COMMERCIAL FACILITIES GROUP Contract Svcs-General Bldg Public Works/Parks 256430 260 OUTDOOR ENVIRONMENTS INC Landscape Materials/Supp Street Maintenance 256760 260 COMMUNITY HEALTH CHARITIES OF MINNESOTA United Way Withheld Health and Benefits 1018190 260 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Prairie Village Liquor Store 256306 258 LAMB BRETT AR Utility Water Enterprise Fund 1018357 258 BERRY COFFEE COMPANY Merchandise for Resale Concessions 1018261 255 SHAMROCK GROUP,INC-ACE ICE Liquor Product Received Den Road Liquor Store 256830 254 PROP United Way Withheld Health and Benefits 256550 250 NOKOMIS SHOE SHOP Clothing&Uniforms Inspections-Administration 1018359 250 CLAREY'S SAFETY EQUIPMENT Operating Supplies Police 1018366 247 SITEONE LANDSCAPE SUPPLY,LLC Landscape Materials/Supp Flying Cloud Fields 1018286 247 REINDERS INC Landscape Materials/Supp Staring Lake 256440 245 RICHFIELD CHAMBER OF COMMERCE Deposits 494 Corridor Commission 256512 245 EDEN PRAIRIE NOON ROTARY CLUB Dues&Subscriptions Police 1018398 245 NOVAK-KREBS BETH Conference/Training Planning 6318 245 VANCO SERVICES Bank and Service Charges Wastewater Accounting 256435 240 PINE PRODUCTS INC Improvements to Land Capital Maint.&Reinvestment 256717 235 VOLAVKA,LYNDA Other Contracted Services Special Initiatives Check# Amount Supplier/Explanation Account Description Business Unit Comments 1018216 235 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store 1018309 229 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 256504 218 DIRECTV Cable TV Community Center Admin 6328 213 OPTUM HEALTH Other Contracted Services Health and Benefits 1018364 210 QUALITY PROPANE Motor Fuels Fleet Operating 256341 210 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 256737 210 ALLIED GENERATORS Contract Svcs-Fire/Life/Safe Police City Center 256782 209 GOLDEN VALLEY SUPPLY CO Supplies-General Bldg City Hall-CAM 256634 209 GOLDEN VALLEY SUPPLY CO Supplies-General Bldg City Hall-CAM 1018191 207 BATTERIES PLUS Repair&Maint.Supplies Utility Operations-General 1018311 204 SHAMROCK GROUP,INC-ACE ICE Liquor Product Received Prairie Village Liquor Store 256499 203 COMCAST Cable TV Fire 256390 203 GALLS LLC Clothing&Uniforms Police 256637 203 GRAPE BEGINNINGS Liquor Product Received Prairie Village Liquor Store 1018294 202 BERRY COFFEE COMPANY Merchandise for Resale Concessions 256841 202 STAPLES ADVANTAGE Office Supplies Customer Service 256524 200 IIMC Dues&Subscriptions City Clerk 256828 200 PRAIRIE RESTORATIONS INC Maintenance Contracts Stormwater Non-Capital 256779 199 G&K SERVICES-MPLS INDUSTRIAL Operating Supplies Park Maintenance 6320 199 ULTIMATE SOFTWARE GROUP,THE Garnishment Withheld Health and Benefits 256379 196 ENKI BREWING COMPANY INC Liquor Product Received Prairie Village Liquor Store 1018238 195 SPRINT Deposits 494 Corridor Commission 256613 195 CUMMINS NPOWER LLC Equipment Repair&Maint Fleet Operating 256587 195 ANDERSON AMBER Training Supplies Pool Lessons 1018265 194 WICKSTROM,SHERRY BUTCHER Travel Expense City Council 6344 194 SAGE PAYMENT SOLUTIONS Bank and Service Charges Wastewater Accounting 256367 191 CONSTRUCTION MATERIALS INC Operating Supplies Street Maintenance 256564 190 SNAP-ON TOOLS Small Tools Fleet Operating 256493 190 COMCAST Other Broadband Internet IT Operating 256529 189 J H LARSON COMPANY Repair&Maint.Supplies Miller Park 256335 189 TULLEMANS,JILL AR Utility Water Enterprise Fund 1018325 187 GRAFIX SHOPPE Equipment Parts Fleet Operating 1018302 186 JOHNSTONE SUPPLY Repair&Maint-Ice Rink Ice Arena Maintenance 256439 183 RETROFIT COMPANIES,INC,THE Supplies-Electrical City Hall-CAM 1018199 183 GREENSIDE INC Contract Svcs-Lawn Maint. Fire Station#1 256364 181 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store 256810 180 MINNESOTA POST BOARD Licenses,Taxes,Fees Police 256425 178 MINNESOTA WANNER COMPANY Equipment Repair&Maint Park Maintenance 1018189 178 ADAMS PEST CONTROL INC Contract Svcs-Pest Control City Hall-CAM 1018260 177 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 256255 176 BRANDL ANDERSON HOMES INC. AR Utility Water Enterprise Fund 256305 176 LAKES SOTHEBYS INTL REALTY AR Utility Water Enterprise Fund 256333 175 THOMPSON MARK AR Utility Water Enterprise Fund 256709 175 SUPERIOR STRIPING INC Contract Svcs-Asphalt/Concrt Fitness/Conference-Cmty Ctr 256821 175 PATRIOTIC JOURNEYS Special Event Fees Senior Board 1018352 173 WATSON CO INC,THE Merchandise for Resale Concessions 1018277 171 KIDCREATE STUDIO Other Contracted Services Arts Center 1018204 170 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 1018263 169 VAN PAPER COMPANY Cleaning Supplies City Center Operations 1018243 168 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Prairie View Liquor Store Check# Amount Supplier/Explanation Account Description Business Unit Comments 256605 167 CENTURYLINK Other Broadband Internet IT Operating 1018360 164 DUNGAN,TRACY Mileage&Parking Park Facilities 256378 160 EDEN PRAIRIE NEWS Dues&Subscriptions Police 256489 160 CHANKASKA CREEK RANCH&WINERY,LLC Liquor Product Received Den Road Liquor Store 1018208 159 SITEONE LANDSCAPE SUPPLY,LLC Building Repair&Maint. Tree Disease 1018258 158 PERRY NICHOLAS L Mileage&Parking Tree Disease 1018363 158 PERRY NICHOLAS L Mileage&Parking Tree Disease 256596 155 BOURGET IMPORTS Liquor Product Received Prairie Village Liquor Store 256818 154 NORTH AMERICAN SAFETY INC Repair&Maint.Supplies Water Distribution 256455 153 T-MOBILE USA Other Contracted Services Police 256713 153 TRANSUNION RISK&ALTERNATIVE DATA Other Contracted Services Police 1018252 152 KARST,JOAN E Clothing&Uniforms Facilities Staff 1018304 150 LANZI,BOB Mileage&Parking Ice Admin. 256449 150 STAPLES ADVANTAGE Office Supplies Customer Service 256395 150 GRUBER ACCOUNTING Deposits 494 Corridor Commission 256581 150 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 1018350 150 USA SECURITY Maintenance Contracts Water Treatment 1018266 150 WILSON,TAMMY Mileage&Parking Finance 1018303 150 KOTCHEVAR,SUSAN Mileage&Parking Finance 256316 147 NORTHERN VALUE GROUP LLC AR Utility Water Enterprise Fund 1018340 146 NEW FRANCE WINE COMPANY Liquor Product Received Prairie Village Liquor Store 256368 145 CONTINENTAL SAFETY EQUIPMENT Contract Svcs-Ice Rink Ice Arena Maintenance 256773 144 EMERGENCY AUTOMOTIVE TECHNOLOGY INC Equipment Parts Fleet Operating 1018347 143 STERICYCLE INC Other Contracted Services Police 256340 140 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 256578 140 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 256419 138 MEREDITH KATE Deposits 494 Corridor Commission 1018326 138 GRAINGER Repair&Maint.Supplies Garden Room Repairs 1018195 136 COX,KIM Travel Expense Fire 256287 134 HEDQUIST DONALD AR Utility Water Enterprise Fund 256365 133 COMCAST Deposits 494 Corridor Commission 256780 133 GALLS LLC Clothing&Uniforms Police 1018386 132 PARLEY LAKE WINERY Liquor Product Received Prairie View Liquor Store 256441 131 RIFFLAND SOLUTIONS Capital Under$25,000 Stormwater Non-Capital 256309 131 LIBBE CATHERINE AR Utility Water Enterprise Fund 256295 130 JAMES CAMERON AR Utility Water Enterprise Fund 256651 130 INDOFF INCORPORATED Office Supplies Customer Service 256423 129 MINNESOTA TROPHIES&GIFTS Operating Supplies Police 1018361 126 FASTENAL COMPANY Safety Supplies Fleet Operating 256684 125 PALLANSCH EMILY Tuition Reimbursement/School Fitness Classes 1018291 125 ADAMS PEST CONTROL INC Maintenance Contracts Water Treatment 256521 124 HENNEPIN COUNTY ACCOUNTS RECEIVABLE EMS Supplies-EMS Supplies Police 1018212 124 WHITE,BECKI Travel Expense Fire 256291 124 HOLM TERRANCE AR Utility Water Enterprise Fund 256591 121 ASPEN MILLS Clothing&Uniforms Fire 256553 121 PARK NICOLLET CLINIC Health&Fitness Fire 256579 120 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 256712 120 THAEMERT DELORIS Deposits Escrow 256510 119 EARL F ANDERSEN INC Signs Traffic Signs 256831 119 ROBY SONJA Clothing&Uniforms Facilities Staff Check# Amount Supplier/Explanation Account Description Business Unit Comments 256273 118 ENGELKE SARAH AR Utility Water Enterprise Fund 1018256 118 MPX GROUP,THE Printing Fire 256339 116 WERK TERRY AR Utility Water Enterprise Fund 6319 115 MONEY MOVERS INC Other Contracted Services Community Center Admin 256733 114 ABLE HOSE&RUBBER INC Repair&Maint.Supplies Water Metering 256272 114 ELLENSON BRUCE AR Utility Water Enterprise Fund 256552 111 OXYGEN SERVICE COMPANY EMS Supplies-Oxygen Supplies Fire 1018272 108 GINA MARIAS INC Operating Supplies-Food Fire 256417 108 MADISON,MELISSA Deposits 494 Corridor Commission 256315 108 NACHBOR JEFF AR Utility Water Enterprise Fund 1018282 106 NEW FRANCE WINE COMPANY Liquor Product Received Den Road Liquor Store 256781 105 GENERAL OFFICE PRODUCTS COMPANY Other Contracted Services Facilities Capital 256264 104 DAHLMAN,DAVID AR Utility Water Enterprise Fund 256644 104 HENNEPIN COUNTY RESIDENT&REAL ESTATE Software Maintenance IT Operating 1018274 102 HD SUPPLY FACILITIES MAINTENANCE Supplies-Fire/Life/Safety Facilities Staff 256545 102 MIRACLE RECREATION EQUIPMENT CO Equipment Repair&Maint Homeward Hills Park 256497 100 COMCAST Cable TV Fire 256298 100 JORDAHL MICHELLE AR Utility Water Enterprise Fund 256433 100 PAWLYSZYN,MICHAEL Rebates Water Conservation 256561 100 SCW WIM INC Licenses,Taxes,Fees Fitness Classes 256615 100 DEERING PATRICK Rebates Water Conservation 256641 100 HANSON RANDY&JOAN Rebates Water Conservation 256665 100 KOCHEVAR JOSEPH Rebates Water Conservation 256673 100 MERRICK LEAH Rebates Water Conservation 256692 100 RASMUSSEN,NANCY Rebates Water Conservation 256700 100 SCW WIM INC Licenses,Taxes,Fees Fitness Classes 256761 100 CONRAD,SPENCER Rebates Water Conservation 256785 100 GUDISEVA VENUGOPAL Rebates Water Conservation 256789 100 HERRERO ANTONIO Rebates Water Conservation 256800 100 LEVESQUE RICHARD Rebates Water Conservation 256848 100 VAGHELA ALPESH Rebates Water Conservation 1018380 100 HORIZON COMMERCIAL POOL SUPPLY Contract Svcs-Pool Pool Maintenance 256484 100 BROCHARDT SARA Rebates Water Conservation 256265 99 DANIELS ASHLEY AR Utility Water Enterprise Fund 1018320 99 BOBBY&STEVE'S AUTO WORLD EDEN PRAIRIE Equipment Repair&Maint Police 256384 98 FIRST STATE TIRE RECYCLING Waste Disposal Fleet Operating 256443 98 ROOTSTOCK WINE COMPANY Liquor Product Received Prairie Village Liquor Store 1018372 97 BOYER TRUCKS Equipment Parts Fleet Operating 256660 97 JUDD BARBI P&R Refunds Community Center Admin 256460 97 US BANK Deposits 494 Corridor Commission 256721 96 WEMYSS INC Protective Clothing-Misc. Fire 1018345 96 SPS COMPANIES Supplies-HVAC Park Shelters 256283 96 HANSON,ED AR Utility Water Enterprise Fund 1018244 95 BATTERIES PLUS Office Supplies Fitness/Conference-Cmty Ctr 256477 95 BECKER ARENA PRODUCTS INC Repair&Maint-Ice Rink Ice Arena Maintenance 256502 93 CUB FOODS EDEN PRAIRIE Employee Award Reserves 256536 93 KERLIN CHAD AR Utility Water Enterprise Fund 256331 93 TANG STEVE AR Utility Water Enterprise Fund 256741 90 BACAL,AGNIESZKA Operating Supplies Outdoor Center 256410 89 JOHNSON LITHO GRAPHICS OF EAU CLAIRE LTD Printing Community Center Admin Check# Amount Supplier/Explanation Account Description Business Unit Comments 256318 89 PECHAM MARK AR Utility Water Enterprise Fund 1018209 87 STOVRING,LESLIE Mileage&Parking Stormwater Non-Capital 256259 86 CALICE WILLIAM AR Utility Water Enterprise Fund 256805 86 McMAHON,BRETT Tuition Reimbursement/School Reserves 256620 85 E A SWEEN COMPANY Merchandise for Resale Concessions 256317 84 OPATZ JOSEPH AR Utility Water Enterprise Fund 256296 84 JESTER,DAN AR Utility Water Enterprise Fund 1018227 83 JEFFERSON FIRE&SAFETY INC Protective Clothing-Misc. Fire 256348 83 BACKMAN JEFF Rebates Water Conservation 256403 82 HOPKINS SCHOOL DISTRICT ISD270 Fiber Lease Payments IT Operating 256275 81 FLO DAVID AR Utility Water Enterprise Fund 256580 80 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 256766 77 E A SWEEN COMPANY Merchandise for Resale Concessions 1018202 75 MPX GROUP,THE Printing Police 1018365 75 SHAMROCK GROUP,INC-ACE ICE Liquor Product Received Prairie View Liquor Store 256563 75 SHRED RIGHT Waste Disposal City Center Operations 256285 75 HAWLEY BRENDA AR Utility Water Enterprise Fund 1018233 75 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 256514 74 FREEVEND TECHNICAL SERVICES Equipment Repair&Maint Concessions 256386 74 FOREST HILLS Rebates Water Conservation 256261 74 CHOINIERE MARY AR Utility Water Enterprise Fund 256289 73 HENSHAW JOHN AR Utility Water Enterprise Fund 256284 72 HASAN AFIRA AR Utility Water Enterprise Fund 256301 71 KATZ,PATRICIA AR Utility Water Enterprise Fund 256303 70 KUHN LANCE AR Utility Water Enterprise Fund 256846 70 UNITED WAY United Way Withheld Health and Benefits 256280 70 GREWE PETER AR Utility Water Enterprise Fund 1018306 68 MPX GROUP,THE Printing Police 256329 67 SOLGANIK MILANA AR Utility Water Enterprise Fund 1018196 67 DOHERTY,KRISTEN Mileage&Parking Arts Center 256834 65 SCHMIEG,KEVIN Dues&Subscriptions Inspections-Administration 256350 64 BCA-MNJIS Contract Svcs-General Bldg Police 256732 64 440400-NCPERS MINNESOTA PERA Health and Benefits 256326 63 SAFRANSKI SUE AR Utility Water Enterprise Fund 256328 63 SCHOENROCK,TAMMY AR Utility Water Enterprise Fund 256269 62 DERICKSON MICHAEL AR Utility Water Enterprise Fund 256457 62 TURFWERKS Repair&Maint.Supplies Park Maintenance 256271 62 DUSHECK NATHAN AR Utility Water Enterprise Fund 1018339 60 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 6343 60 SAGE PAYMENT SOLUTIONS Bank and Service Charges Historical Culture 256388 60 FOXJET P&R Refunds Community Center Admin 1018308 60 PRINTERS SERVICE INC Contract Svcs-Ice Rink Ice Arena Maintenance 256311 59 MARTIN ERIN AR Utility Water Enterprise Fund 1018200 59 HESSEL,ZACK Motor Fuels Fleet Operating 256618 58 DIRECTV Other Contracted Services Police 256520 57 HEALTHPARTNERS Employment Support Test Organizational Services 256796 56 KEEPRS INC. Clothing&Uniforms Fire 256609 53 COMCAST Other Broadband Internet IT Operating 1018247 52 BUSINESS ESSENTIALS Office Supplies Utility Operations-General 256632 52 GALLS LLC Clothing&Uniforms Reserves Check# Amount Supplier/Explanation Account Description Business Unit Comments 256777 52 FLECK JAMIE Operating Supplies Outdoor Center 1018276 52 JEFFERSON FIRE&SAFETY INC Repair&Maint.Supplies Fire 256286 51 HAYES,ERIC AR Utility Water Enterprise Fund 256324 50 ROONEY MICHAEL AR Utility Water Enterprise Fund 256414 50 LINDBERG CHELSEA Deposits Escrow 256607 50 CHEN MONICA Rebates Water Conservation 256621 50 EBERT,JON Rebates Water Conservation 256636 50 GOSTINSKY LEN Rebates Water Conservation 256667 50 LANO REBECCA V Rebates Water Conservation 256691 50 PRICCO KERRY P&R Refunds Community Center Admin 256814 50 MPPOA Dues&Subscriptions Police 256849 50 VOLENEC MARLENE Rebates Water Conservation 1018268 50 ASPEN WASTE SYSTEMS INC. Waste Disposal Public Works/Parks 1018281 50 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 256559 50 ROSEMOUNT SAW&TOOL CO Equipment Repair&Maint Fleet Operating 256279 49 GREENBERG ALAN AR Utility Water Enterprise Fund 1018192 49 BAYER MARISA Mileage&Parking Community Development Admin. 1018331 49 IDENTISYS Equipment Repair&Maint Public Safety Communications 256675 48 MINNESOTA ATHLETIC APPAREL Operating Supplies-Dept Events Fire 1018203 47 PROSOURCE SUPPLY Supplies-Fire/Life/Safety Facilities Staff 256770 46 EDEN PRAIRIE FOUNDATION United Way Withheld Health and Benefits 256629 45 FEEKS JIM Rebates Water Conservation 256758 44 COMCAST Cable TV Fire 256812 44 MINNESOTA TROPHIES&GIFTS Operating Supplies Park Maintenance 256319 43 PETERSON,JOAN AR Utility Water Enterprise Fund 256628 43 EPHA BANTAM C P&R Refunds Community Center Admin 1018285 43 PRIORITY COURIER EXPERTS Equipment Parts Fleet Operating 256662 43 KINOR PAVEL Rebates Water Conservation 1018358 41 BRINK,LORI Mileage&Parking Recreation Admin 256681 40 OATH INC Other Contracted Services Police 256771 40 EDEN PRAIRIE NEWS Dues&Subscriptions Recreation Admin 256749 40 BULLOCK TODD Clothing&Uniforms Facilities Staff 1018213 39 ZIEBOL,MATTHEW Mileage&Parking Human Resources 256617 39 DHARMADASA,NELUM P&R Refunds Community Center Admin 256294 39 JAIN BHARAT AR Utility Water Enterprise Fund 256461 38 WILLYERD SARAH Tuition Reimbursement/School Fitness Classes 256682 37 OLSEN CHAIN&CABLE Equipment Parts Stormwater Collection 256254 36 BERGMAN ALAN AR Utility Water Enterprise Fund 256281 36 H&H REAL ESTATE LLC AR Utility Water Enterprise Fund 256469 35 ABRA AUTO BODY&GLASS Equipment Repair&Maint Fleet Operating 256252 35 BERCH CAPITAL LLC AR Utility Water Enterprise Fund 256557 34 PRAIRIE LAWN AND GARDEN Equipment Repair&Maint Park Maintenance 256473 33 ARCPOINT LABS OF EDEN PRAIRIE Employment Support Test Organizational Services 256647 33 HOLMEN DAWN Rebates Water Conservation 1018295 33 BOHNSACK,SUE Mileage&Parking Senior Center Admin 1018201 32 METROPOLITAN FORD Equipment Parts Fleet Operating 256428 31 NELSON,ROBIN Deposits 494 Corridor Commission 1018284 31 PREMIUM WATERS INC Operating Supplies-Water Fire 1018249 30 ELLIS,ROBERT Testing Engineering 256297 30 JOHNSON SUE AR Utility Water Enterprise Fund Check# Amount Supplier/Explanation Account Description Business Unit Comments 256300 28 KAHRAMAN RUKIYE AR Utility Water Enterprise Fund 256778 28 FLEET MAINTENANCE INC Equipment Parts Fleet Operating 256314 28 MONTEMAYOR ELSA AR Utility Water Enterprise Fund 256759 27 COMCAST Other Contracted Services Police 256496 27 COMCAST Cable TV Fire 256323 27 RAWLINGS JAMES AR Utility Water Enterprise Fund 256304 26 KUTHALINGAM SHANMUGASUNDARAM AR Utility Water Enterprise Fund 6335 25 MINNESOTA DEPT OF REVENUE Licenses,Taxes,Fees Fleet Operating 256592 25 BAILLIE,LINDA P&R Refunds Community Center Admin 256768 25 EDEN PRAIRIE CHAMBER OF COMMERCE Miscellaneous Economic Development 256262 24 CIACCIO JORDAN AR Utility Water Enterprise Fund 256321 24 PTACEK GEORGE AR Utility Water Enterprise Fund 256327 24 SCHINDLER,ROCK AR Utility Water Enterprise Fund 256290 24 HOLL ELIZABETH AR Utility Water Enterprise Fund 256334 24 TINKLENBERG,SCOTT AR Utility Water Enterprise Fund 256322 23 QUINN RORY AR Utility Water Enterprise Fund 256389 22 FRANTZ DELL P&R Refunds Community Center Admin 256664 22 KNAEBLE HENRY P&R Refunds Community Center Admin 256835 22 SCHNEIDER AMELIA L Deposits Escrow 256302 22 KRETSCHMER EDWARD AR Utility Water Enterprise Fund 256571 21 TURFWERKS Equipment Repair&Maint Park Maintenance 256450 21 STATE OF MINNESOTA Miscellaneous DWI Forfeiture 256842 21 STATE OF MINNESOTA Miscellaneous DWI Forfeiture 256843 21 STATE OF MINNESOTA Miscellaneous DWI Forfeiture 1018226 20 HORIZON COMMERCIAL POOL SUPPLY Supplies-Pool Pool Maintenance 256362 20 CHRIS CASTLE INC Deposits 494 Corridor Commission 256400 20 HENNESSEY,CAROL P&R Refunds Community Center Admin 256444 20 SENN SUZANNE P&R Refunds Community Center Admin 256722 20 WENTZ LINDSAY P&R Refunds Community Center Admin 1018220 20 CONCRETE CUTTING&CORING INC Equipment Parts Fleet Operating 256826 19 PRAIRIE LAWN AND GARDEN Equipment Parts Street Maintenance 256332 19 TERHORST JACOBUS AR Utility Water Enterprise Fund 256282 19 HAGEN,FLOYD AR Utility Water Enterprise Fund 256690 19 PRAIRIE LAWN AND GARDEN Equipment Parts Park Maintenance 256257 18 BUCK WILL AR Utility Water Enterprise Fund 256338 18 WEILEDER KART AR Utility Water Enterprise Fund 256330 18 STRAND,STEVE AR Utility Water Enterprise Fund 256337 18 WANG DAWEI AR Utility Water Enterprise Fund 256336 17 VOECKS,MATT AR Utility Water Enterprise Fund 256825 17 POWER UP PRODUCTS LLC Merchandise for Resale Concessions 256745 16 BOLD PAULINE Operating Supplies Outdoor Center 256498 16 COMCAST Cable TV Fire 256610 16 COMCAST Cable TV Fire 256249 15 ALLEN MATTHEW AR Utility Water Enterprise Fund 1018214 15 A TO Z RENTAL CENTER Equipment Parts Fleet Operating 256803 15 MAGC Conference/Training Communications 256308 15 LEE JOE AR Utility Water Enterprise Fund 256253 14 BERGER,CARLOS AR Utility Water Enterprise Fund 256325 14 SADHU SRINIVAS AR Utility Water Enterprise Fund 256266 14 DAVENPORT PAUL AR Utility Water Enterprise Fund Check# Amount Supplier/Explanation Account Description Business Unit Comments 256258 13 BURNHAM STEVEN AR Utility Water Enterprise Fund 256263 13 COHEN STEPHEN AR Utility Water Enterprise Fund 256250 13 BAILEY JEANETTE AR Utility Water Enterprise Fund 256313 13 MOLITOR MELISSA AR Utility Water Enterprise Fund 256251 13 BALTUFF TERRY AR Utility Water Enterprise Fund 256267 12 DEPALMA JONES STEPHANIE AR Utility Water Enterprise Fund 256676 12 MINNESOTA TROPHIES&GIFTS Operating Supplies Police 256798 12 LAKE WESTON C P&R Refunds Community Center Admin 256260 12 CARLSON JANET AR Utility Water Enterprise Fund 256602 11 CAMPBELL KNUTSON,P.A. Legal WAFTA 256307 11 LAWRENCE CHAD AR Utility Water Enterprise Fund 256492 11 CLEAN N PRESS MTKA Clothing&Uniforms Police 256256 10 BREW CLAUDIA AR Utility Water Enterprise Fund 1018393 10 UPS Postage Fire 256372 10 CULLIGAN BOTTLED WATER Deposits 494 Corridor Commission 256549 10 NIKOLAI LYNAE P&R Refunds Community Center Admin 256630 10 FELSING JANET P&R Refunds Community Center Admin 256663 10 KLECKER JEANENE P&R Refunds Community Center Admin 256677 10 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Riley Creek Woods 256278 10 GORMAN MATTHEW AR Utility Water Enterprise Fund 256299 10 JOSEPHSON,NANCY AR Utility Water Enterprise Fund 256640 10 GRUSSING GINNA P&R Refunds Community Center Admin 256288 8 HELD LUCAS AR Utility Water Enterprise Fund 256268 8 DERANEY CARLA AR Utility Water Enterprise Fund 256312 7 MEIER HEIDI AR Utility Water Enterprise Fund 256274 7 EYBERG HELEN AR Utility Water Enterprise Fund 256270 7 DUCHARME CHRISTOPHER AR Utility Water Enterprise Fund 256276 7 GEARHART STEVEN AR Utility Water Enterprise Fund 256685 7 PASIUK LAURA P&R Refunds Community Center Admin 256495 7 COMCAST Cable TV Fire 256292 7 HOVET TY AR Utility Water Enterprise Fund 256320 6 PRICE LORI AR Utility Water Enterprise Fund 1018262 5 SITEONE LANDSCAPE SUPPLY,LLC Repair&Maint.Supplies Park Maintenance 256659 5 JOHNSON MARY CARLA P&R Refunds Community Center Admin 1018206 5 SACKETT,MATTHEW Travel Expense Police 6334 2 SQUARE Bank and Service Charges Community Center Admin 256494 2 COMCAST Other Contracted Services Police 256530 2 JERRY'S ENTERPRISES INC Operating Supplies Fleet Operating 256645 2 HEYL JOHN P&R Refunds Community Center Admin 256431 2 PAPCO INC Janitor Service Fitness/Conference-Cmty Ctr 5,158,069 Grand Total City of Eden Prairie Purchasing Card Payment Report 11/14/2017 Amount Explanation Vendor Account Description Business Unit 2,665 US-Aug 2017 Bldg Surchgs DEPT OF LABOR&INDUSTRY Building Surcharge General Fund 2,665 US-computer forensics MICRO CENTER A/R Computers IT Operating 2,206 US-LTS Skate rack BECKER ARENA PRODUCTS INC Capital Under$25,000 Ice Lessons 1,495 US-software ZOHO CORP Software IT Operating 1,175 US-art center security system CLOSED CIRCUIT SPECIALISTS INC Equipment Repair&Maint Arts Center 1,150 US-Bit class MN STATE COLLEGES&UNIVERSITI Prepaid Expenses General Fund 1,035 US-supplies LIBERTY ART WORKS Operating Supplies Fire 1,020 US-supplies LIBERTY ART WORKS Operating Supplies Fire 964 US-scanner CANON DIRECT Process Control Equipment IT Operating 963 US-drawing/watercolor kit supp BUCK ART MATERIALS Operating Supplies Arts Center 904 US-bounce house rentals USA INFLATABLES Other Contracted Services Fall Harvest 848 US-glass for class BULLSEYE LAB Operating Supplies Arts Center 839 US-Aho NLC ORBITZ Travel Expense City Council 800 US-license for lab MINNESOTA DEPARTMENT OF HEALTH Licenses,Permits,Taxes,Fees Water Treatment 766 US-duluth conf HAMPTON INN EDEN PRAIRIE Travel Expense Water Treatment 738 US-AWWA conf THE SUITES HOTEL Travel Expense Utility Operations-General 738 US-AWWA conf THE SUITES HOTEL Travel Expense Utility Operations-General 738 US-first aid kit ZORO TOOLS Safety Supplies Fleet Operating 721 US-IEDC conf SHERATON HOTEL Travel Expense Economic Development 700 US-LS2 security system CLOSED CIRCUIT SPECIALISTS INC Equipment Repair&Maint Public Safety Communications 685 US-pedestal for epcc sculpture PEDESTAL SOURCE Operating Supplies Arts 647 US-FEMA LOWE'S Deposits Escrow 600 US-winter play royalties DRAMATISTS PLAY SERVICE INC Other Contracted Services Winter Theatre 581 US-duluth conf CANAL PARK LODGE Travel Expense Water Treatment 536 US-supplies VISTAPRINT.COM Operating Supplies Fire 520 US-training ELECTRIC PUMP Conference/Training Utility Operations-General 512 US-sept les mills dues SCW WIM INC Licenses,Permits,Taxes,Fees Fitness Classes 512 US-Oct license SCW WIM INC Licenses,Permits,Taxes,Fees Fitness Classes 492 US-Aug 2017 Bldg Surchgs DEPT OF LABOR&INDUSTRY Mechanical Surcharge General Fund 472 US-Training-8 employees SPECIAL OPERATIONS TRAINING AS Tuition Reimbursement/School Police 452 US-J Thompson IAAO lodging BALLY'S LAS VEGAS Travel Expense Assessing 450 US-staff gathering CAFE ZUPA Other Contracted Services Parks Administration 422 US-IAAO lodging J Sams BALLY'S LAS VEGAS Travel Expense Assessing 419 US-quartermaster supply PRO LOK Operating Supplies Police 403 US-skate sharpening supplies SPARXHOCKEY.COM Operating Supplies Ice Operations 400 US-books ON A MISSION LLC Tuition Reimbursement/School Fire 376 US-lift station parts MICRO CENTER A/R Small Tools Wastewater Lift Station 375 US-Hynek training BCA Tuition Reimbursement/School Police 375 US-Koras training BCA Tuition Reimbursement/School Police 371 US-Wilson GFOA lodging ARROWWOOD RADISSON RESORT Travel Expense Finance 371 US-spooky supplies FUN EXPRESS Operating Supplies Special Events(CC) 359 US-gateway fees NCR SPECIALTY Bank and Service Charges Den Road Liquor Store Amount Explanation Vendor Account Description Business Unit 354 US-Novak-Krebs APA conf HOLIDAY INNS EXPRESS Travel Expense Planning 335 US-extra art hanging rods WALKER DISPLAY INCORPORATED Operating Supplies Arts 335 US-Aug 2017 Bldg Surchgs DEPT OF LABOR&INDUSTRY Plumbing Surcharge General Fund 330 US-council food BUCA Miscellaneous City Council 318 US-quartermaster supply AMAZON.COM Operating Supplies Police 317 US-ficcadenti/coy trng EVENTBRITE Tuition Reimbursement/School Police 312 US-citizens academy DAVANNI'S PIZZA Operating Supplies Police 309 US-signal tools HOME DEPOT CREDIT SERVICES Small Tools Traffic Signals 305 US-J Good lodging HOLIDAY INN&SUITES Tuition Reimbursement/School Police 305 US-Behl lodging HOLIDAY INN&SUITES Tuition Reimbursement/School Police 304 US-J Sams MAAO lodging RADISSON HOTEL Travel Expense Assessing 300 US-Bit recert MN STATE COLLEGES&UNIVERSITI Prepaid Expenses General Fund 300 US-Bit recert MN STATE COLLEGES&UNIVERSITI Prepaid Expenses General Fund 293 US-FEMA BEST BUY Deposits Escrow 290 US-CWS operator school CAVE CAFE THE Conference/Training Utility Operations-General 288 US-supplies EXPEDIA Operating Supplies Fire 286 US-advanced leadership course CAVE CAFE THE Conference/Training Utility Operations-General 285 US-FBINAA conf DOUBLETREE HOTEL Conference/Training Police 285 US-pencils for kids THE INK SPOT Miscellaneous Police 274 US-citizens academy WHICH WICH Operating Supplies Police 272 US-canvas photos COSTCO Office Supplies Utility Operations-General 272 US-citizens academy WHICH WICH Operating Supplies Police 271 US-close your door materials PAYPAL INC Fire Prevention Supplies Fire 266 US-citizens academy WHICH WICH Operating Supplies Police 264 US-monthly billing NIMBLE SCHEDULE Other Contracted Services Community Center Admin 255 US-tarining UNIVERSITY OF MINNESOTA Conference/Training Street Maintenance 253 US-L Stowing BWSR academy CRAGUNS Conference/Training Stormwater Non-Capital 250 US-art ctr facebook ad FACEBOOK Advertising Arts Center 247 US-kotchevar lodging GFOA ARROWWOOD RADISSON RESORT Travel Expense Finance 238 US-gateway fees NCR SPECIALTY Bank and Service Charges Prairie View Liquor Store 234 US-advanced leadership course CAVE CAFE THE Conference/Training Utility Operations-General 223 US-fire dept open house OTC BRANDS Repair&Maint. Supplies Utility Operations-General 220 US-Morrow retirement HALLMARK Employee Award Organizational Services 220 US-meal LIONS TAP Operating Supplies Police 220 US-Fietek lodging BEST WESTERN Tuition Reimbursement/School Police 220 US-Ficcadenti lodging BEST WESTERN Tuition Reimbursement/School Police 220 US-Dean lodging BEST WESTERN Tuition Reimbursement/School Police 220 US-Behl lodging BEST WESTERN Tuition Reimbursement/School Police 211 US-meal WHICH WICH Tuition Reimbursement/School Police 209 US-art crawl signs BUILDASIGN.COM Operating Supplies Arts in the Park 203 US-D Buswell MAAO lodging RADISSON HOTEL Travel Expense Assessing 201 US-MCFOA HOLIDAY INN&SUITES Travel Expense City Clerk 200 US-fall conf MAGC Conference/Training Communications 199 US-J johnson FMLA compliance SKILLPATH SEMINARS Conference/Training Human Resources 197 US-power straps POWER SYSTEMS Capital Under$25,000 Community Center Admin 197 US-light bulbs ZORO TOOLS Equipment Parts Fleet Operating Amount Explanation Vendor Account Description Business Unit 196 US-mouse bait MILLS FLEET FARM Chemicals Park Maintenance 193 US-new hire bus tour DAVANNI'S PIZZA Training Supplies Organizational Services 182 US-Riley boat dock repairs MILLS FLEET FARM Repair&Maint. Supplies Riley Lake 177 US-to be reimb by Bloomberg CRUMB GOURMET DELI Deposits Escrow 177 US-supplies VISTAPRINT.COM Operating Supplies Fire 177 US-first aid kit ZORO TOOLS Safety Supplies Fleet Operating 175 US-fall expo PAYPAL INC Conference/Training Street Maintenance 175 US-professional development MN AWWA Conference/Training Utility Operations-General 175 US-forfeire property schultz AIR QUALITY SERVICES Deposits Escrow 173 US-body pump SCW WIM INC Capital Under$25,000 Fitness Classes 172 US-gateway fees NCR SPECIALTY Bank and Service Charges Prairie Village Liquor Store 166 US-bank/sery charge PLUG N PAY Bank and Service Charges Community Center Admin 164 US-supplies FLORALFULFILLMENTS.COM Operating Supplies Fire 163 US-wood plyo box GOPHER PERFORMANCE Capital Under$25,000 Community Center Admin 161 US-computer forensics build MICRO CENTER A/R Computers IT Operating 157 US-easel OFFICE DEPOT CREDIT PLAN Fire Prevention Supplies Fire 156 US-council food CRAVE CATERING Miscellaneous City Council 155 US-spill kit NEW PIG CORPORATION Equipment Parts Fleet Operating 152 US-supplies BACHMANS CREDIT DEPT Operating Supplies Fire 151 US-FEMA HAMPTON INN EDEN PRAIRIE Deposits Escrow 150 US-call response lunch JIMMY JOHNS Operating Supplies Police 149 US-Irmiter training LIFELINE TRAINING LTD Tuition Reimbursement/School Police 149 US-Brown training LIFELINE TRAINING LTD Tuition Reimbursement/School Police 144 US-supplies MITCHELL 1 Computers IT Operating 138 US-lodging AWWA PARK POINT MARINA INN Travel Expense Utility Operations-General 136 US-FEMA HOLIDAY INNS EXPRESS Deposits Escrow 135 US-canvas photos COSTCO Capital Under$25,000 Street Maintenance 135 US-MCC printer-PD AMAZON.COM Process Control Equipment IT Operating 133 US-fit kids AMAZON.COM Operating Supplies Fit Kids Club 132 US-Miller hockey lights MENARDS Repair&Maint. Supplies Miller Park 131 US-bank/sery charge PLUG N PAY Bank and Service Charges Community Center Admin 130 US-Hagert CC MOUNT OLIVET ROLLING ACRES Deposits Escrow 130 US-Weedman CC MOUNT OLIVET ROLLING ACRES Deposits Escrow 128 US-FEMA HOLIDAY INNS EXPRESS Deposits Escrow 125 US-extra art hanging rods WALKER DISPLAY INCORPORATED Operating Supplies Arts 125 US-Streiff training SOUTH METRO PUBLIC SAFETY TRAI Tuition Reimbursement/School Police 124 US-bday party supplies AMAZON.COM Operating Supplies Birthday Parties 123 US-program supplies MENARDS Operating Supplies Outdoor Center 122 US-parts AMAZON.COM Equipment Parts Fleet Operating 120 US-headset for front desk AMAZON.COM Operating Supplies IT Telephone 118 US-cleaning supplies MENARDS Cleaning Supplies Utility Operations-General 118 US-first aid kit ZORO TOOLS Equipment Parts Fleet Operating 111 US-club 204 supplies WALMART COMMUNITY Operating Supplies New Adaptive 111 US-tools for inspections HOME DEPOT CREDIT SERVICES Operating Supplies Tree Disease 108 US-outdoor ctr bridge MENARDS Building Materials Capital Maint.&Reinvestment 107 US-canvas photos COSTCO Miscellaneous Engineering Amount Explanation Vendor Account Description Business Unit 107 US-Parkinson's training transp ELITE TRANSPORTATION Training Supplies Fitness Classes 106 US-Fema HOMEWOOD SUITES Deposits Escrow 106 US-FEMA HOMEWOOD SUITES Deposits Escrow 106 US-FEMA HOMEWOOD SUITES Deposits Escrow 106 US-FEMA HOMEWOOD SUITES Deposits Escrow 106 US-FEMA HOMEWOOD SUITES Deposits Escrow 106 US-FEMA HOMEWOOD SUITES Deposits Escrow 106 US-FEMA HOMEWOOD SUITES Deposits Escrow 106 US-FEMA HOMEWOOD SUITES Deposits Escrow 106 US-FEMA HOMEWOOD SUITES Deposits Escrow 106 US-FEMA HOMEWOOD SUITES Deposits Escrow 106 US-outdoor ctr bridge HOME DEPOT CREDIT SERVICES Building Materials Capital Maint.&Reinvestment 104 US-hockey lites homeward hills MENARDS Repair&Maint.Supplies Homeward Hills Park 100 US-FEMA BEST WESTERN Deposits Escrow 100 US-lawn bowling trial MINNESOTA RECREATION&PARK FO Operating Supplies Special Initiatives 100 US-membership CARE.COM Dues&Subscriptions Youth Programs Admin 100 US-committee meeting-shared ex CRUMB GOURMET DELI Training Supplies Organizational Services 94 US-supplies BACHMANS CREDIT DEPT Operating Supplies Fire 92 US-AV cables MY CABLE MART Operating Supplies Community Center Admin 91 US-Irr-hidden ponds/turf/tools MENARDS Small Tools Park Maintenance 91 US-software ATLASSIAN Other Contracted Services Fire 89 US-training AIAFS Tuition Reimbursement/School Police 89 US-training AIAFS Tuition Reimbursement/School Police 89 US-basketballs AMAZON.COM Operating Supplies Community Center Admin 86 US-Parkinson's training transp ELITE TRANSPORTATION Training Supplies Fitness Classes 86 US-ANSI standards for treework INTERNATIONAL SOCIETY OF ARBOR Operating Supplies Tree Disease 85 US-Sager training IAFCI Tuition Reimbursement/School Police 85 US-supplies BACHMANS CREDIT DEPT Operating Supplies Fire 83 US-computer forensics accessor MY CABLE MART Computers IT Operating 83 US-K9 project supplies HOME DEPOT CREDIT SERVICES Canine Supplies Police 82 US-meal JIMMY JOHNS Tuition Reimbursement/School Police 80 US-taxi TAXI Travel Expense Economic Development 80 US-nremt recert fees NATIONAL REGISTRY OF EMTS Dues&Subscriptions Fire 78 US-2 meals-Carlon/Wahlen AWWA OMC SMOKEHOUSE Travel Expense Utility Operations-General 78 US-easel OFFICE DEPOT CREDIT PLAN Fire Prevention Supplies Fire 76 US-program supplies MENARDS Operating Supplies Outdoor Center 76 US-hockey lights HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Park Maintenance 75 US-staff workshop BYERLYS Operating Supplies Fire 75 US-fall expo PAYPAL INC Conference/Training Street Maintenance 75 US-nremt recert fees NATIONAL REGISTRY OF EMTS Dues&Subscriptions Fire 73 US-quartermaster supply AMAZON.COM Operating Supplies Police 72 US-tarp for crack fillers HOME DEPOT CREDIT SERVICES Operating Supplies Street Maintenance 72 US-irrigation MENARDS Operating Supplies Park Maintenance 69 US-fire monitors BEST BUY Equipment Repair&Maint Public Safety Communications 69 US-bday party supplies MICHAELS-THE ARTS&CRAFTS S Operating Supplies Birthday Parties 69 US-meal JIMMY JOHNS Tuition Reimbursement/School Police Amount Explanation Vendor Account Description Business Unit 68 US-cement tools MENARDS Small Tools Stormwater Collection 68 US-table clothes-special event PARTY CITY Special Event Fees Senior Board 67 US-operator school WALMART COMMUNITY Conference/Training Utility Operations-General 66 US-employee water COSTCO Operating Supplies Den Road Liquor Store 66 US-ipad keyboard/case MENARDS Computers Utility Operations-General 64 US-leadership training KOWALSKI'S MARKET Training Supplies Utility Operations-General 63 US-toner AMAZON.COM Process Control Equipment IT Operating 63 US-boat trailer parts WEST MARINE Equipment Parts Fleet Operating 61 US-concrete tools HOME DEPOT CREDIT SERVICES Operating Supplies Street Maintenance 60 US-license APSTYLEGUARD Equipment Repair&Maint IT Operating 60 US-WIM wave 32 dues WATER IN MOTION Licenses,Permits,Taxes,Fees Fitness Classes 60 US-mourning bands AMAZON.COM Clothing&Uniforms Fire 59 US-OC dock MENARDS Building Materials Capital Maint.&Reinvestment 56 US-R Wahlen CC reimb AMAZON.COM Deposits Escrow 55 US-holster SAFARILAND Clothing&Uniforms Police 55 US-shop tools HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance 55 US-gas for program trip HOLIDAY STATION STORES INC Program Trips Outdoor Center 54 US-toner FS4 AMAZON.COM Process Control Equipment IT Operating 54 US-sunshine fund-T Lowery AVAS FLOWERS Deposits Escrow 54 US-outside training EVENTBRITE Conference/Training Fire 53 US-critter food PETCO Operating Supplies Outdoor Center 52 US-labeling supplies AMAZON.COM Clothing&Uniforms Fire 52 US-critter food PETCO Operating Supplies Outdoor Center 51 US-citizens academy WHICH WICH Operating Supplies Police 51 US-subscription BUSINESS JOURNAL,THE Dues&Subscriptions Assessing 51 US-subscription BUSINESS JOURNAL,THE Dues&Subscriptions Economic Development 50 US-signal cabinet supplies MENARDS Operating Supplies Traffic Signals 50 US-data storage MICRO CENTER A/R Operating Supplies Police 50 US-dues AHIMTA Dues&Subscriptions Fire 50 US-dues HENNEPIN COUNTY TREASURER Dues&Subscriptions Fire 50 US-training MN FALL EXPO Conference/Training Street Maintenance 50 US-hard drive AMAZON.COM Computers IT Operating 50 US-copper foil for class DELPHI Operating Supplies Arts Center 49 US-supplies CUB FOODS EDEN PRAIRIE Operating Supplies Fire 49 US-tools TP TOOLS AND EQUIP Repair&Maint.Supplies Water Treatment 46 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 46 US-education CHASINGSUMMER.ORG Training Supplies Youth Programs Admin 45 US-hockey lites homeward hills MENARDS Repair&Maint.Supplies Homeward Hills Park 45 US-supplies LIBERTY ART WORKS Operating Supplies Fire 45 US-Hagert CC MOUNT OLIVET ROLLING ACRES Deposits Escrow 45 US-fan HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Police City Center 45 US-program supplies CABELA'S Operating Supplies Outdoor Center 44 US-Miller hockey lights MENARDS Repair&Maint.Supplies Miller Park 44 US-food for open house BYERLYS Operating Supplies Arts Center 42 US-aspire consultants CRUMB GOURMET DELI Miscellaneous Planning 42 US-café food CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions Amount Explanation Vendor Account Description Business Unit 42 US-replacement supplies AMAZON.COM Equipment Repair&Maint Fitness Center 42 US-employee water COSTCO Operating Supplies Prairie View Liquor Store 41 US-playcare toys AMAZON.COM Operating Supplies Day Care 41 US-playcare supplies DOLLAR TREE STORES,INC. Operating Supplies Day Care 41 US-café food CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 40 US-critter food PETCO Operating Supplies Outdoor Center 40 US-registration fees IFMA Conference/Training Facilities Staff 40 US-fuel squad 214 CENEX CONVENIENCE STORE Motor Fuels Fleet Operating 40 US-squad lightning cables AMAZON.COM Capital Under$25,000 Capital Maint.&Reinvestment 40 US-clean supplies MENARDS Cleaning Supplies Utility Operations-General 38 US-first aid supplies AMAZON.COM Training Supplies Pool Operations 36 US-buff limestone BROOKSIDE GARDEN CENTER Landscape Materials/Supp Park Maintenance 36 US-café food CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 36 US-employee water COSTCO Operating Supplies Prairie Village Liquor Store 36 US-water/gatorade CUB FOODS EDEN PRAIRIE Operating Supplies Police 36 US-FEMA BP OIL Deposits Escrow 35 US-supplies AMAZON.COM Operating Supplies Fire 35 US-critter food PETCO Operating Supplies Outdoor Center 34 US-council food BUCA Miscellaneous City Council 34 US-playcare supplies MICHAELS-THE ARTS&CRAFTS S Operating Supplies Day Care 34 US-FEMA 7-ELEVEN Deposits Escrow 33 US-FEMA CASEYS GENERAL STORE Deposits Escrow 33 US-hanging strips-sr ctr WALGREEN'S#5080 Operating Supplies Arts in the Park 32 US-handsprayer FRATTALLONE'S/MINNETONKA ACE Operating Supplies Tree Disease 32 US-training supplies WALMART COMMUNITY Training Supplies Utility Operations-General 32 US-quartermaster supply AMAZON.COM Operating Supplies Police 32 US-display port to hdmi adapto AMAZON.COM Computers IT Operating 32 US-program supplies AMAZON.COM Operating Supplies Outdoor Center 32 US-aspire consultants MAMA AURELIAS Miscellaneous Planning 32 US-cleaning supplies TARGET Operating Supplies Arts 32 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 31 US-FEMA BP OIL Deposits Escrow 31 US-replacement cable AMAZON.COM Equipment Repair&Maint Fire 31 US-duluth dinner TEXAS ROADHOUSE Travel Expense Water Treatment 30 US-FEMA CHEVRON Deposits Escrow 30 US-S Melville trng GOVERNMENT FINANCE OFFICERS AS Conference/Training Finance 30 US-training EVENTBRITE Conference/Training Finance 30 US-keyboard for ipad-Rick W AMAZON.COM Computers Utility Operations-General 30 US-café food CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 30 US-APA presentation CRUMB GOURMET DELI Miscellaneous Planning 29 US-K9 project supplies HOME DEPOT CREDIT SERVICES Canine Supplies Police 29 US-FEMA 7-ELEVEN Deposits Escrow 28 US-cleaning of paint shirts SIR KNIGHT CLEANERS Operating Supplies Arts Center 27 US-BP supplies WALGREEN'S#5080 Operating Supplies Birthday Parties 27 US-lunches for aspire CAFE ZUPA Miscellaneous Planning 27 US-critter food CUB FOODS EDEN PRAIRIE Operating Supplies Outdoor Center Amount Explanation Vendor Account Description Business Unit 26 US-striping paint HOME DEPOT CREDIT SERVICES Operating Supplies Street Maintenance 26 US-FEMA KWIK TRIP STORES Deposits Escrow 26 US-tools/supplies MENARDS Operating Supplies Park Maintenance 26 US-FEMA SHELL OIL Deposits Escrow 26 US-FEMA SHELL OIL Deposits Escrow 26 US-ipad supplies MY CABLE MART Operating Supplies Street Maintenance 26 US-meal JIMMY JOHNS Tuition Reimbursement/School Police 26 US-FEMA BP OIL Deposits Escrow 25 US-FEMA MARATHON OIL Deposits Escrow 25 US-training Carlon COMMUNITY WATER SOLUTIONS Conference/Training Utility Operations-General 25 US-baggage fee DELTA AIR Travel Expense Economic Development 25 US-baggage fee DELTA AIR Travel Expense Communications 25 US-baggage fee DELTA AIR Mileage&Parking Communications 25 US-Hermann trng-fall expo PAYPAL INC Conference/Training Park Maintenance 25 US-fall expo PAYPAL INC Conference/Training Street Maintenance 25 US-quartermaster supply AMAZON.COM Operating Supplies Police 25 US-plumbing supplies MENARDS Repair&Maint. Supplies Stormwater Collection 25 US-critter food CUB FOODS EDEN PRAIRIE Operating Supplies Outdoor Center 23 US-whiteboard replacement AMAZON.COM Equipment Repair&Maint Fire 23 US-FEMA PILOT Deposits Escrow 23 US-audio aux cords MY CABLE MART Operating Supplies Community Center Admin 22 US-whiteboard AMAZON.COM Capital Under$25,000 Fitness Classes 22 US-fuel for training HOLIDAY STATION STORES INC Motor Fuels Fleet Operating 22 US-FEMA CASEYS GENERAL STORE Deposits Escrow 22 US-COA sound effects PONDS Operating Supplies Theatre Initiative 21 US-IEDC conf DELTA AIR Travel Expense Economic Development 21 US-advanced leadership course KOWALSKI'S MARKET Conference/Training Utility Operations-General 20 US-powerstrip for glue guns HOME DEPOT CREDIT SERVICES Operating Supplies Arts 20 US-FEMA KUM&GO Deposits Escrow 20 US-city display at htc TARGET Operating Supplies Housing and Community Service 20 US-new hire gifts WALMART COMMUNITY Employee Award Organizational Services 20 US-speakers,cable-P&R AMAZON.COM Computers IT Operating 20 US-BP supplies TARGET Operating Supplies Birthday Parties 20 US-epermit web security PAYPAL INC Bank and Service Charges Utility Operations-General 20 US-license for lab MINNESOTA DEPARTMENT OF HEALTH Licenses,Permits,Taxes,Fees Water Treatment 20 US-Miller hockey lights MENARDS Repair&Maint.Supplies Miller Park 19 US-duluth conf LITTLE ANGIE'S CANTINA Travel Expense Water Treatment 19 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 19 US-FEMA FLASH FOODS Deposits Escrow 18 US-parts AMAZON.COM Equipment Parts Fleet Operating 18 US-Fema CIRCLE K Deposits Escrow 18 US-first aid supplies AMAZON.COM Safety Supplies Pool Operations 18 US-magenta cartridge-PD OFFICE DEPOT CREDIT PLAN Capital Under$25,000 IT Operating 18 US-café food COBORNS Merchandise for Resale Concessions 17 US-bday party supplies WALMART COMMUNITY Operating Supplies Birthday Parties 17 US-HDMI cables MY CABLE MART Computers IT Operating Amount Explanation Vendor Account Description Business Unit 17 US-RCU consortium DAVANNI'S PIZZA Operating Supplies Police 16 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 16 US-music for classes SPOTIFY Operating Supplies Pool Operations 16 US-signal cabinet snake contro HOME DEPOT CREDIT SERVICES Operating Supplies Traffic Signals 16 US-class A dry cleaning SIR KNIGHT CLEANERS Operating Supplies Fire 16 US-fall lunch/class supplies RADERMACHERS Special Event Fees Senior Center Programs 16 US-daily planner AMAZON.COM Office Supplies Police 15 US-CS training KOWALSKI'S MARKET Training Supplies Community Center Admin 15 US-coffee for art center CARIBOU COFFEE Operating Supplies Arts Center 15 US-new hire bus tour CARIBOU COFFEE Training Supplies Organizational Services 15 US-supplies for café AMAZON.COM Operating Supplies Fit Kids Club 15 US-hotel booking fee RESERVATIONS.COM Travel Expense City Council 15 US-gloves for vactor jetting MENARDS Repair&Maint.Supplies Wasterwater Collection 15 US-bug killer HOME DEPOT CREDIT SERVICES Equipment Repair&Maint Water Treatment 15 US-MCC printer-PD AMAZON.COM Process Control Equipment IT Operating 15 US-club 204 supplies WALMART COMMUNITY Operating Supplies New Adaptive 15 US-playcare supplies AMAZON.COM Operating Supplies Day Care 15 US-cyan cartridge PD AMAZON.COM Process Control Equipment IT Operating 14 US-ipad case AMAZON.COM Miscellaneous Athletic Programs Admin 14 US-reserve calendar CALENDAR WIZ Operating Supplies Reserves 13 US-subscription APSTYLEGUARD Dues&Subscriptions Communications 13 US-shipping UNITED STATES POSTAL SERVICE Operating Supplies Fitness Center 13 US-batteries AMAZON.COM Operating Supplies Fitness Classes 13 US-K9 project supplies HOME DEPOT CREDIT SERVICES Canine Supplies Police 12 US-CS training EDEN PRAIRIE COMMUNITY CENTER Training Supplies Community Center Admin 12 US-fall decorations DOLLAR TREE STORES,INC. Operating Supplies Senior Board 12 US-Parkinson's training transp EDEN PRAIRIE COMMUNITY CENTER Training Supplies Fitness Classes 11 US-class supplies COOPER'S COUNTRY MARKET Special Event Fees Senior Center Programs 11 US-café food CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 10 US-parking for meeting STANDARD PARKING Mileage&Parking Engineering 10 US-council food THE ITALIAN GOURMET Miscellaneous City Council 10 US-club 204 supplies S&S WORLDWIDE Operating Supplies New Adaptive 10 US-flash drive AMAZON.COM Computers IT Operating 9 US-RCU consortium DAVANNI'S PIZZA Operating Supplies Police 8 US-bday party supplies AMAZON.COM Operating Supplies Birthday Parties 8 US-CWS operator school KWIK TRIP STORES Conference/Training Utility Operations-General 8 US-TOD mtg STANDARD PARKING Mileage&Parking Economic Development 8 US-parking for training STANDARD PARKING Mileage&Parking Police 8 US-DP to VGA adaptor AMAZON.COM Computers IT Operating 8 US-DP to VGA adaptor AMAZON.COM Computers IT Operating 8 US-facebook ads FACEBOOK Advertising Den Road Liquor Store 8 US-facebook ads FACEBOOK Advertising Prairie View Liquor Store 8 US-facebook ads FACEBOOK Advertising Prairie Village Liquor Store 8 US-program supplies CUB FOODS EDEN PRAIRIE Operating Supplies Outdoor Center 8 US-fall decorations WALMART COMMUNITY Operating Supplies Senior Board 8 US-taxi TAXI Travel Expense Economic Development Amount Explanation Vendor Account Description Business Unit 8 US-superglue FRATTALLONE'S/MINNETONKA ACE Clothing&Uniforms Fire 8 US-critter food PETCO Operating Supplies Outdoor Center 7 US-J Lorenz CC CIBO EXPRESS Deposits Escrow 7 US-PIE event U OF M PARKING Mileage&Parking Community Development Admin. 7 US-regional response mtg COSTCO Operating Supplies Police 7 US-shipping UNITED STATES POSTAL SERVICE Operating Supplies Fitness Center 6 US-coupling MENARDS Repair&Maint. Supplies Stormwater Collection 6 US-coffee/treats for training DOLLAR GENERAL STORE Conference/Training Utility Operations-General 6 US-office supplies AMAZON.COM Office Supplies Police 5 US-facebook ads FACEBOOK Advertising Prairie Village Liquor Store 5 US-facebook ads FACEBOOK Advertising Den Road Liquor Store 5 US-facebook ads FACEBOOK Advertising Prairie View Liquor Store 5 US-parking AWWA DULUTH ENTERTAINMENT Mileage&Parking Utility Operations-General 5 US-café food ALDI Merchandise for Resale Concessions 4 US-postage for evidence UNITED STATES POSTAL SERVICE Operating Supplies Police 4 US-purgatory pool MENARDS Chemicals Purgatory Creek Park 3 US-M Larson going away party BYERLYS Employee Award Organizational Services 3 US-chili cookoff DOLLAR TREE STORES,INC. Other Contracted Services Internal Events 3 US-Majerus CDL check NDDOT Other Contracted Services Organizational Services 2 US-LCA TOD mtg STANDARD PARKING Mileage&Parking Community Development Admin. 0 US-parking fee STANDARD PARKING Mileage&Parking Communications -8 US-refund WALKER DISPLAY INCORPORATED Operating Supplies Arts -19 US-S Tekiela CC MICHAELS-THE ARTS&CRAFTS S Deposits Escrow -20 US-refund CHASINGSUMMER.ORG Training Supplies Youth Programs Admin -27 US-pool fountain return MENARDS Chemicals Purgatory Creek Park -32 US-return AMAZON.COM Computers IT Operating -45 US-Hagert CC MOUNT OLIVET ROLLING ACRES Deposits Escrow -70 US-Aug 2017 Bldg Surchgs DEPT OF LABOR&INDUSTRY Other Revenue General Fund -91 US-prime refund AMAZON.COM Operating Supplies Day Care -130 US-Hagert CC MOUNT OLIVET ROLLING ACRES Deposits Escrow -130 US-Weedman CC MOUNT OLIVET ROLLING ACRES Deposits Escrow -139 US-refund GOPHER PERFORMANCE Capital Under$25,000 Community Center Admin -150 US-refund ATOM Tuition Reimbursement/School Police -150 US-refund ATOM Tuition Reimbursement/School Police -200 US-refund SHOPINJECTORS.COM Equipment Parts Fleet Operating -245 US-AWWA conf refund MN AWWA Conference/Training Utility Operations-General -599 US-refund-lifeguard supplies ADOLPH KIEFER&ASSOCIATES Operating Supplies Round Lake Beach 60,056 Report Total