Loading...
HomeMy WebLinkAboutCity Council - 06/12/2018 AGENDA CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY,JUNE 12, 2018 CITY CENTER 5:00—6:25 PM, HERITAGE ROOMS 6:30—7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Nancy Tyra-Lukens, Council Members Brad Aho, Sherry Butcher Wickstrom, Kathy Nelson, and Ron Case CITY STAFF: City Manager Rick Getschow, Police Chief James DeMann, Fire Chief George Esbensen, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, Communications Manager Joyce Lorenz, City Attorney Ric Rosow, and Recorder Katie O'Connor Workshop-Heritage Rooms I and H(5:30) I. 2019-2028 CAPITAL IMPROVEMENT PLAN Open Podium - Council Chamber (6:30) II. OPEN PODIUM A. JOHN MALLO—GUN CONTROL III. ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,JUNE 12, 2018 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 Katie O'Connor I. CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS /PRESENTATIONS A. ACCEPT BEST OF SHOW AWARD FOR LIFE IN THE PRAIRIE NEWSLETTER B. CITY GOVERNMENT ACADEMY GRADUATION V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, MAY 15, 2018 B. CITY COUNCIL MEETING HELD TUESDAY, MAY 15, 2018 VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. HAMPTON INN by D&T Eden Prairie, LLC. Second Reading of an Ordinance for PUD District Review on 1.7 Acres; Resolution for Site Plan Review on 1.7 Acres; Development Agreement C. APPROVE SECOND READING OF AN ORDINANCE AMENDING CITY CODE SECTION 9.60,RELATING TO USE OF LAKE WATERS AND ADOPT RESOLUTION APPROVING SUMMARY ORDINANCE FOR PUBLICATION CITY COUNCIL AGENDA June 12, 2018 Page 2 D. AWARD CONTRACT TO MINNESOTA ROADWAYS FOR ASPHALT PARKING LOT REPAIRS E. AWARD CONTRACT FOR 2018 ANNUAL BUILDING RESTORATION CITY WIDE TO SEBCO, INC. F. APPROVE THREE YEAR AGREEMENT WITH CIGNA FOR UNDERWRITING THE CITY'S LONG TERM DISABILITY AND LIFE INSURANCE POLICIES G. APPROVE THE UPDATED PURCHASING POLICY H. ADOPT RESOLUTION APPROVING PARTICIPATION IN THE PERFORMANCE MEASURE PROGRAM ESTABLISHED BY COUNCIL ON LOCAL RESULTS AND INNOVATION I. APPROVE SUBMITTAL OF ANNUAL REPORT TO MPCA FOR PHASE II NPDES STORM WATER PERMIT PROGRAM J. ADOPT RESOLUTION REQUESTING AN ELECTRIC CAR CHARGING STATION BE INCLUDED IN EDEN PRAIRIE LIBRARY RENOVATION PLANS K. APPROVE AGREEMENT WITH AE2S FOR ENGINEERING DESIGN AND BIDDING SERVICES FOR NEW GROUND STORAGE RESERVOIR, PUMP STATION,AND WATER MAIN L. AWARD CONTRACT TO BITUMINOUS ROADWAYS FOR VALLEY VIEW ROAD TRAIL REHABILITATION PROJECT M. AWARD CONTRACT TO STANDARD SIDEWALK, INC FOR 2018 SIDEWALK PROJECTS N. APPROVE AGREEMENT FOR PHASE VII POND INVENTORY AND INSPECTION PROGRAM WITH WENCK ASSOCIATES O. ADOPT RESOLUTION AUTHORIZING EXECUTION OF LIMITED USE PERMIT FOR PLAZA LANDSCAPING AND STREETSCAPING PURPOSES WITH MNDOT P. ADOPT RESOLUTION REVOKING SPECIAL ASSESSMENT LEVY NO. 18673 AGAINST OUTLOT B, WYNDHAM KNOLL Q. APPROVE TEMPORARY EASEMENT AGREEMENT WITH METROPOLITAN COUNCIL FOR SOUTHWEST LIGHT RAIL TRANSIT PROJECT CITY COUNCIL AGENDA June 12, 2018 Page 3 R. ADOPT RESOLUTION SUPPORTING COMMON BOND'S APPLICATION TO MINNESOTA BROWNFIELD GAP FINANCING PROGRAM FOR AN ENVIRONMENTAL RESPONSE FUND GRANT FOR TRAIL POINT RIDGE PROJECT S. ADOPT RESOLUTION SUPPORTING POTENTIAL USE OF TAX INCREMENT FINANCING FOR COMMON BOND'S TRAIL POINT RIDGE PROJECT IX. PUBLIC HEARINGS/MEETINGS A. MISTER CAR WASH by DJR Architecture, Inc. X. PAYMENT OF CLAIMS XI. ORDINANCES AND RESOLUTIONS A. MORATORIUM FOR ADULT USE ESTABLISHMENTS, GUN SALES AND PAWN SHOPS First and Second Reading of an Interim Ordinance prohibiting new Adult Use Businesses, Fire Arm sales and Pawn Shops for a period of one year; Resolution Authorizing the study of Adult Use Businesses, Fire Arm sales and Pawn Shops; and Resolution approving Summary Ordinance XII. PETITIONS, REQUESTS,AND COMMUNICATIONS XIII. APPOINTMENTS A. STUDENTS ON COMMISSIONS 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 CITY COUNCIL AGENDA June 12, 2018 Page 4 XV. OTHER BUSINESS XVI. ADJOURNMENT ANNOTATED AGENDA DATE: June 8, 2018 TO: Mayor and City Council FROM: Rick Getschow, City Manager RE: City Council Meeting for Tuesday, June 12, 2018 TUESDAY,JUNE 12, 2018 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. ACCEPT BEST OF SHOW AWARD FOR LIFE IN THE PRAIRIE NEWSLETTER Synopsis: The Northern Lights Awards contest recognizes outstanding work in Minnesota's government, educational and nonprofit communications. The contest is conducted annually by the Minnesota Association of Government Communicators (MAGC), and for the first time ever, the 2018 award entries were judged by peers from Texas instead of being judged locally. This year was also the most competitive Northern Lights Awards contest in MAGC's history, with an unprecedented 197 entries and 91 award winners. The City of Eden Prairie won the Northern Lights Award(first place) for the redesigned"Life in the Prairie" in the newsletter category, and the Bronze Award (third place) for the Aspire Eden Prairie 2040 logo design in the logo category. In addition, "Life in the Prairie"was named 2018 Best of Show, the top award granted to a single entry that best demonstrates effective government communications. Eden Prairie's entry was one of only three nominated for Best of Show, competing against entries from the cities of Minneapolis and St. Paul. ANNOTATED AGENDA June 12, 2018 Page 2 B. CITY GOVERNMENT ACADEMY GRADUATION 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, MAY 15, 2018 B. CITY COUNCIL MEETING HELD TUESDAY, MAY 15, 2018 VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR MOTION: Move approval of items A-S on the Consent Calendar. A. CLERK'S LICENSE LIST B. HAMPTON INN by D&T Eden Prairie, LLC. Second Reading of an Ordinance for PUD District Review on 1.7 Acres; Resolution for Site Plan Review on 1.7 Acres; Development Agreement C. APPROVE SECOND READING OF AN ORDINANCE AMENDING CITY CODE SECTION 9.60,RELATING TO USE OF LAKE WATERS AND ADOPT RESOLUTION APPROVING SUMMARY ORDINANCE FOR PUBLICATION D. AWARD CONTRACT TO MINNESOTA ROADWAYS FOR ASPHALT PARKING LOT REPAIRS E. AWARD CONTRACT FOR 2018 ANNUAL BUILDING RESTORATION CITY WIDE TO SEBCO, INC. F. APPROVE THREE YEAR AGREEMENT WITH CIGNA FOR UNDERWRITING THE CITY'S LONG TERM DISABILITY AND LIFE INSURANCE POLICIES G. APPROVE THE UPDATED PURCHASING POLICY H. ADOPT RESOLUTION APPROVING PARTICIPATION IN THE PERFORMANCE MEASURE PROGRAM ESTABLISHED BY COUNCIL ON LOCAL RESULTS AND INNOVATION ANNOTATED AGENDA June 12, 2018 Page 3 I. APPROVE SUBMITTAL OF ANNUAL REPORT TO MPCA FOR PHASE II NPDES STORM WATER PERMIT PROGRAM J. ADOPT RESOLUTION REQUESTING AN ELECTRIC CAR CHARGING STATION BE INCLUDED IN EDEN PRAIRIE LIBRARY RENOVATION PLANS K. APPROVE AGREEMENT WITH AE2S FOR ENGINEERING DESIGN AND BIDDING SERVICES FOR NEW GROUND STORAGE RESERVOIR, PUMP STATION,AND WATER MAIN L. AWARD CONTRACT TO BITUMINOUS ROADWAYS FOR VALLEY VIEW ROAD TRAIL REHABILITATION PROJECT M. AWARD CONTRACT TO STANDARD SIDEWALK, INC FOR 2018 SIDEWALK PROJECTS N. APPROVE AGREEMENT FOR PHASE VII POND INVENTORY AND INSPECTION PROGRAM WITH WENCK ASSOCIATES O. ADOPT RESOLUTION AUTHORIZING EXECUTION OF LIMITED USE PERMIT FOR PLAZA LANDSCAPING AND STREETSCAPING PURPOSES WITH MNDOT P. ADOPT RESOLUTION REVOKING SPECIAL ASSESSMENT LEVY NO. 18673 AGAINST OUTLOT B,WYNDHAM KNOLL Q. APPROVE TEMPORARY EASEMENT AGREEMENT WITH METROPOLITAN COUNCIL FOR SOUTHWEST LIGHT RAIL TRANSIT PROJECT R. ADOPT RESOLUTION SUPPORTING COMMON BOND'S APPLICATION TO MINNESOTA BROWNFIELD GAP FINANCING PROGRAM FOR AN ENVIRONMENTAL RESPONSE FUND GRANT FOR TRAIL POINT RIDGE PROJECT S. ADOPT RESOLUTION SUPPORTING POTENTIAL USE OF TAX INCREMENT FINANCING FOR COMMON BOND'S TRAIL POINT RIDGE PROJECT IX. PUBLIC HEARINGS/MEETINGS A. MISTER CAR WASH by DJR Architecture, Inc. Synopsis: This application is a proposal for exterior facade improvements to the building and update to the landscaping on the site. Proposed improvements are compliant with City Code and no waivers are being requested with this ANNOTATED AGENDA June 12, 2018 Page 4 application. The proposed Mister Car Wash project is considered to be a minor amendment to an approved Site Plan. City Code allows minor amendments to be considered by the City Council only, without referral by the Planning Commission. MOTION: Move to: • Close the Public Hearing; and • Direct staff to prepare a Development Agreement incorporating staff recommendation and Council conditions. X. PAYMENT OF CLAIMS MOTION: Move approval of Payment of Claims as submitted (Roll Call Vote). XI. ORDINANCES AND RESOLUTIONS A. MORATORIUM FOR ADULT USE ESTABLISHMENTS, GUN SALES AND PAWN SHOPS First and Second Reading of an Interim Ordinance prohibiting new Adult Use Businesses, Fire Arm sales and Pawn Shops for a period of one year; Resolution Authorizing the study of Adult Use Businesses, Fire Arm sales and Pawn Shops; and Resolution Approving Summary Ordinance Synopsis: At the May 1, 2018 City Council Work Session, staff presented information related to current City Code requirements for Adult Use Establishments, Firearms Dealers and Pawnshops. Information was also presented regarding how other communities regulate these uses. The City Council requested that at a regular meeting it be presented with an action to consider an interim ordinance temporarily prohibiting new Adult Use Establishment, Firearms Dealers, and Pawnshops and directing study or studies be completed in order to understand potential impacts of these uses on surrounding properties and to determine if any amendments are necessary to the City Code in order to protect public health, safety, welfare and to provide for sound planning. MOTION: Move to: • Approve the first and second reading of an Interim Ordinance temporarily prohibiting New Adult Use Establishments, Firearm Dealers Stores and Pawnshops; and • Approve a Resolution authorizing study(ies) to determine amendments necessary to the City Code to protect public health, safety, welfare and to provide for sound planning related to Adult Use Establishments, Firearms Dealers and Pawnshops; and • Adopt the Resolution approving publication of the Summary Ordinance. ANNOTATED AGENDA June 12, 2018 Page 5 XII. PETITIONS, REQUESTS, AND COMMUNICATIONS XIII. APPOINTMENTS A. STUDENTS ON COMMISSIONS MOTION: Move to: • Appoint to the Conservation Commission — Govind Makaram, Rhea Sharma, and Troy Johnson • Appoint to the Flying Cloud Airport Advisory Commission — Rahul Bhaysar, Charles Bjorling, and Lucas Lorenz • Appoint to the Heritage Preservation Commission — Joe Pesheck and Sydney Lewis • Appoint to the Human Rights and Diversity Commission — Meghana Chimata, Nikhita Dhar, Braden Ross, Nicole Mayer, and Shreya Anand • Appoint to the Parks, Recreation, and Natural Resources Commission — Carson Guettler, John Hilton, Tatum Gunderson, Ananya Vegesna, and Nile Timmerman 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 June 12, 2018 Page 6 MOTION: Move to adjourn the City Council meeting. CITY COUNCIL AGENDA DATE: SECTION: Proclamations and Presentations June 12, 2018 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Joyce Lorenz, Accept Best of Show Award for"Life in the IV.A. Communications Manager Prairie"newsletter Communications Division Requested Action Accept the Northern Lights Awards Best of Show Award for"Life in the Prairie"newsletter, presented by Minnesota Association of Government Communicators President Carolyn Marinan. Synopsis The Northern Lights Awards contest recognizes outstanding work in Minnesota's government, educational and nonprofit communications. The contest is conducted annually by the Minnesota Association of Government Communicators (MAGC), and for the first time ever, the 2018 award entries were judged by peers from Texas instead of being judged locally. This year was also the most competitive Northern Lights Awards contest in MAGC's history, with an unprecedented 197 entries and 91 award winners. The City of Eden Prairie won the Northern Lights Award(first place) for the redesigned"Life in the Prairie" in the newsletter category, and the Bronze Award(third place) for the Aspire Eden Prairie 2040 logo design in the logo category. In addition, "Life in the Prairie"was named 2018 Best of Show, the top award granted to a single entry that best demonstrates effective government communications. Eden Prairie's entry was one of only three nominated for Best of Show, competing against entries from the cities of Minneapolis and St. Paul. Background In 2016, research indicated a decrease in the number of residents who considered the newsletter a good source of information, and an increase in the number of residents who considered the City website a good source. In addition, residents reported a decrease in local newspaper readership. These results called for an update to "Life in the Prairie" and its distribution method. The goal was to produce a high-quality publication that would increase readership, simplify complex topics, drive readers to the City website for more information and become a convenient reference guide for residents. The new magazine-style publication features striking photography and presents information using "plain language" in a visually appealing layout. The newsletter is now mailed to all households instead of being inserted into the Eden Prairie News. Feedback has been overwhelmingly positive. ITEM NO. VI. A. UNAPPROVED MINUTES CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY,MAY 15, 2018 CITY CENTER 5:00—6:25 PM,HERITAGE ROOMS 6:30—7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Nancy Tyra-Lukens, Council Members Brad Aho, Sherry Butcher Wickstrom, Kathy Nelson, and Ron Case CITY STAFF: City Manager Rick Getschow, Police Chief James DeMann, Fire Chief George Esbensen, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, Communications Manager Joyce Lorenz, City Attorney Ric Rosow, and Recorder Katie O'Connor Workshop-Heritage Rooms I and II(5:30) I. ZONING STANDARDS REGARDING SENSITIVE USES (5:30-6:00) City Planner Julie Klima presented on zoning standards for three sensitive uses: pawn shops, adult businesses, and firearms. Research was done on eight local communities for comparison: Plymouth, Minnetonka, Richfield, Maple Grove, Woodbury, Hopkins, Edina, and Chanhassen. Klima stated in regards to pawn shops, the City currently requires licensure, similar to the eight other comparison cities. Most of the comparison communities have a required compliance with zoning ordinance. Minnetonka does not allow pawn shops in residential zones or near properties with liquor licenses. Woodbury and Minnetonka do not allow pawn shops on properties that have unpaid property taxes. Maple Grove is the only community studied that has a distance requirement for pawn shops. Klima stated, in regards to adult businesses, the City does not currently have any regulations. The comparison communities all require a license for adult businesses. Most allow those uses in commercial districts or industrials and some allow in either. Mayor Tyra-Lukens requested a definition of adult businesses. Klima responded there are many definitions such as entertainment, cabaret, body painting, and stores that sells novelty items. The licensing requirements and ordinances for the comparison cities are complex with some including definitions of materials and activities. Six of the eight comparison communities have distance requirements. The majority of those communities require a minimum distance from residential zoning district of at least 200 feet to 1,000 feet. Half of the comparison communities have distance requirements of 500 feet to 1,000 feet from uses such as schools, daycares, and churches. Some of the communities have distance requirements from parks, libraries, or off-sale liquor stores. Council Member Case stated the distance of 500 feet is only the difference of a block. The distance requirement is only accomplishing not having these uses next door. City Council Workshop Minutes May 15, 2018 Page 2 Tyra-Lukens confirmed the City has no zoning or licensing requirements for adult businesses. Klima noted the City Code does not define adult businesses at this point, and the City does not require a license. The business would be categorized under retail. Klima stated state statute governs firearms with the exception of where firearms can be discharged within the City and zoning requirements regulating where a firearms business can be located within the City. The City requires a permit for discharge of firearms with distance requirements. Most of the comparison communities do not have specific zoning regulations. Richfield requires a conditional use permit in commercial and mixed-use zoning districts. Richfield and Chanhassen have distance requirements ranging from 100 feet to 1,000 feet. Klima presented the comparisons of 500 feet and 1,000 feet distance requirements for zoning sensitive uses. These uses would be allowed in commercial and industrial districts and not residential or office districts. Aho noted the current stores in the City, Arnzen Arms and Gander Outdoors, are outside of the 1,000 feet buffer. Scheels will be on the edge of the distance requirement. Klima replied Arnzen Arms and Scheels would be within the protected areas,but Gander Outdoors would be outside the 500 feet or 1,000 feet buffer. Aho inquired if existing stores would be conforming if there was a 500 foot buffer. Klima replied Arnzen Arms would be close to the 500 feet buffer, but Scheels would still be within the protected areas. Nelson inquired if Scheels would be grandfathered in. City Attorney Rosow would need to do more research. There would have to be some consideration given to approvals already granted. Tyra-Lukens inquired how existing retail locations fair in these scenarios. Klima stated there's residential close to Jerry's Foods and Kowalski's, therefore a buffer. Nelson inquired if the distance requirements have to include all three of the uses. Aho noted some cities only have distance requirements for one of these uses. Case added there needs to be further discussion and consideration of the distances. Aho inquired if the City can forbid particular types of adult businesses. Rosow replied the City has to allow all credible businesses. Either distance requirement of 500 feet or 1,000 feet would be seen as sufficient with the amount of areas available for these uses. Nelson inquired if the City has to provide a liquor license to these establishments. Rosow replied the City can have discretion as to who they provide a liquor license to. Tyra-Lukens would like information from more than eight cities, specifically Burnsville and Bloomington. Case asked if the City is legally vulnerable if an application is submitted for a business before a decision is made. Rosow stated yes, they would be allowed without zoning requirements in place unless there was a moratorium on these uses. Case inquired if the Council can pass a moratorium on these types of businesses for one year to allow for more time to research. Rosow stated the rationale for the moratorium is to conduct a study to gain more insight. Nelson noted she would like a study to know the effects it may or may not have on surrounding businesses. City Council Workshop Minutes May 15, 2018 Page 3 II. COMPREHENSIVE ANNUAL FINANCIAL REPORT AND AUDIT (6:00-6:30) Chris Kopek and John Lorenzini, CliftonLarsonAllen Auditors,presented a brief overview of the unmodified, clean opinion of the audit. There were no findings of weaknesses in the internal controls, and the City complied with applicable Minnesota state statutes. Lorenzini stated the City's revenues were less than one percent over budget, expenditures were 0.2 percent over budget, and there was an $872,000 decrease in fund balance for 2017 due to debt paid off early. Finance Manager Kotchevar noted the City saved $340,000 in interest for early pay off and about$24,000 in fees. The City will replenish the general fund. Lorenzini stated in regards to fund balance, 50 percent of the following years budget in tax revenue is to be maintained. There were no budgeted deficits for 2018. General fund expenditures were up 3.4 percent in 2017 compared to 2016. Lorenzini stated the water fund operating income was up about$1 million from 2016. The wastewater fund operating income was up $590,000 from 2016. Cash flow was $165,000 in 2017. The stormwater fund operating income increased by$262,000, with a 12 percent rate increase in 2017. Operating expenses were up about 68 percent due to two major sewer repairs. Kopek stated the liquor fund gross sales decreased by 1.8 percent, but it still remains profitable with an increase in profits slightly under five percent from 2016. The City has been consistently above the seven county metro in profits. Kopek stated estimated market values have exceeded what they were prior to the 2008 recession. The City continues to have a lower tax rate than surrounding cities. Lorenzini stated per capita revenues increased $99 from 2016, primarily due to intergovernmental revenue. Intergovernmental revenue can fluctuate based on grants the City receives. Overall the City has fewer per capita expenditures compared to cities of similar size. The City continues to retain its Aaa bond rating. Open Podium - Council Chamber(6:30) II. OPEN PODIUM A. ROB ROZANSKI Rob Rozanski, 19186 Poplar Circle, stated the odds are higher to die by car accident than by a gun in school. The resolution attempts to strong arm people doing legitimate business in the City and it infringes on citizens' rights. B. PAUL LENTSCH Paul Lentsch, 16700 Thatcher Road, stated statistics have shown a decline of violent crime nationwide. Assault weapons operate in the same manner as other guns. He urges the Council to not pass this resolution. City Council Workshop Minutes May 15, 2018 Page 4 C. DAVID KANE David Kane, 11185 Anderson Lakes Parkway,urges the Council to not support this resolution. He stated the City of Eden Prairie does not have the authority to enforce the resolution, and the age limit included in the resolution is discrimination. D. RONALD WHITMAN Ronald Whitman, 6617 Harlan Drive, stated City Council cannot pass an ordinance that supersedes state law. In his opinion, the definition used for an assault-style weapon is skewed. E. KEVIN VICK Kevin Vick, 18832 East Lake Drive Chanhassen, stated the resolution restricts citizens who can legally vote and asks businesses to go outside the law by not selling guns to people ages 18 through 20. Death by assault rifles are less common than by blunt force trauma with a knife. III. ADJOURNMENT ITEM NO. VI. B. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,MAY 15, 2018 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. HERITAGE PRESERVATION AWARD Steve Olson, Chair of the Heritage Preservation Commission, reviewed the background and contributions made to the City of Eden Prairie by the 2018 award winner, Severin Peterson. Mayor Tyra-Lukens presented the award to Mr. Peterson. B. TOUR DE TONKA Jennifer Bodurka, Minnetonka Department of Education Coordinator, gave a PowerPoint update about the 2017 Tour de Tonka. She said this year's ride will be held on August 4, 2018, and will have eight ride options ranging in length from 16 to 100 miles. She thanked the City of Eden Prairie Police and Fire Departments for their help with the event. C. 2017 COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) Tyra-Lukens noted the Council spent time at tonight's workshop meeting rreviewing the 2017 CAFR. CITY COUNCIL MINUTES May 15, 2018 Page 2 Chris Knopik, representing Clifton Larson Allen, gave a PowerPoint presentation reviewing the results of the 2017 audit. He noted the December 31, 2017 statements audit gave an unmodified("clean") opinion, which is the highest possible opinion. He noted the General Fund revenue was over budget by about 1%, while General Fund expenditures were about 0.2% over budget. There was a$872,000 decrease in the General Fund balance for 2017 due to the early payoff of some lease revenue bonds. He noted for the first time the Estimated Market Values for 2018 will be higher than the previous high set in 2009. Eden Prairie continues to have a lower tax rate than most of the surrounding cities. He noted the City's bond rating is Aaa, and only 15 out of 225 cities in Minnesota have this rating. MOTION: Case moved, seconded by Aho, to accept the 2017 Comprehensive Annual Financial Report (CAFR). Motion carried 5-0. D. ACCEPT AWARDS OF EXCELLENCE FOR RILEY LAKE PARK AND SUMMER CAMP PREVIEW DAY Lotthammer introduced Amy Peterson, Minnesota Recreation&Park Association (MRPA)representative. Ms Peterson said the MRPA was founded in 1937 and fosters the growth and development of parks and recreation throughout the state. She reviewed criteria used for the MRPA Awards of Excellence and noted this year the City of Eden Prairie has received two awards. The Eden Prairie Parks &Recreation Department has received the "Park and Facility" award and the "Marketing and Communications" award this year. Matt Bourne, Parks and Natural Resources Manager, said the Park and Facility award was received for the Riley Lake Park Improvement project, which was a collaborative planning process to improve the facilities and circulation in Riley Lake Park. Lori Brink, Recreation Manager, said the Marketing and Communications award was received in recognition of the efforts to broaden marketing of the Summer Camp Preview, Marketing efforts started in January with a campaign to publish the event, followed by a preview day on Presidents Day in February. E. ACCEPT READER'S CHOICE AWARDS FOR THE EDEN PRAIRIE COMMUNITY CENTER Lotthammer introduced Valerie Verley, Community Center Manager. She said the Community Center has received the Sun Current 2018 Reader's Choice Award for "Best Recreational Center" for the fourth time. In addition, and for the first time, the 2018 Reader's Choice awards for"Best Fitness Center" and"Best Indoor Waterpark" were also won by the Community Center. She presented the three awards to Mayor Tyra-Lukens. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Getschow said Item VIII.L. should be added to the Consent Calendar. MOTION: Nelson moved, seconded by Case, to approve the agenda as amended. Motion carried 5-0. CITY COUNCIL MINUTES May 15, 2018 Page 3 VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, MAY 1, 2018 MOTION: Nelson moved, seconded by Case, to approve the minutes of the City Council workshop held Tuesday, May 1, 2018, as published. Motion carried 5-0. B. CITY COUNCIL MEETING HELD TUESDAY, MAY 1, 2018 MOTION: Nelson moved, seconded by Case, to approve the minutes of the City Council meeting held Tuesday, May 1, 2018. Motion carried 5-0. VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. PRESERVE VILLAGE RETAIL BUILDING-JERRY'S FOODS by Sambatek Inc. Second Reading of Ordinance No. 8-2018 for PUD District Review with Waivers on 9.10 Acres; Resolution No. 2018-54 for Site Plan Review on 9.10 Acres; Development Agreement C. APPROVE SECOND READING OF ORDINANCES NO. 9-2018 and 10-2018 AMENDING CITY CODE CHAPTERS 10 AND 11 RELATED TO TELECOMMUNICATIONS PERMITTING, LANDSCAPE SECURITIES, GOLF COURSE PERMITTED USES AND FENCE HEIGHT AROUND POOLS AND ADOPT RESOLUTION No. 2018-55APPROVING SUMMARY ORDINANCE D. ADOPT RESOLUTION NO. 2018-56 APPROVING FINAL PLAT OF GARRISON FOREST FIFTH ADDITION E. ADOPT RESOLUTION NO. 2018-57 APPROVING REQUEST TO EXTEND TIMELINE FOR SUBMITTAL OF THE 2040 COMPREHENSIVE PLAN UPDATE TO THE METROPOLITAN COUNCIL F. DIRECT STAFF TO NOT WAIVE MONETARY LIMITS ON MUNICIPAL TORT LIABILITY ESTABLISHED BY MINNESOTA STATUTES 466.04 G. REJECT BIDS FOR VALLEY VIEW ROAD TRAIL REHABILITATION PROJECT AND AUTHORIZE REBID H. ADOPT RESOLUTION NO. 2018-58 AND FINDINGS DENYING A THERAPEUTIC MASSAGE ENTERPRISE LICENSE TO NAM LLC AND MASSAGE THERAPIST LICENSES TO XIAOFANG HU,LING SUN,AND YUE ZHAO CITY COUNCIL MINUTES May 15, 2018 Page 4 I. APPROVE AGREEMENT WITH BLUE WATER SCIENCE FOR 2018 WATER QUALITY MONITORING PROGRAM J. AWARD CONTRACT TO GMH ASPHALT CORPORATION FOR EDEN PRAIRIE HIGH SCHOOL PEDESTRIAN RAILROAD CROSSING AND TRAIL K. AWARD CONTRACT TO FRANK J. ZAMBONI & CO, INC. TO PURCHASE ICE RESURFACER FOR COMMUNITY CENTER L. ADOPT RESOLUTION NO. 2018-59 FOR TOWN CENTER STATION CONGESTION MITIGATION AND AIR QUALITY GRANT LOCAL MATCH MOTION: Aho moved, seconded by Nelson, to approve Items A-L on the Consent Calendar. Motion carried 5-0. IX. ORDINANCES AND RESOLUTIONS A. ADOPT RESOLUTION REQUESTING EDEN PRAIRIE RETAILERS TO DISCONTINUE SALES OF ASSAULT-STYLE WEAPONS AND TO INCREASE THE MINIMUM PURCHASE AGE FOR GUNS TO 21 Getschow said at the April 17 City Council meeting, the City Attorney provided an overview of the city's legal authority regarding firearms. The City Council understood the only legal authority a city has is to regulate the discharge of a firearm within the city. The Council directed staff to prepare a non-binding resolution requesting Eden Prairie retailers to discontinue sales of assault-style weapons and to increase the minimum purchase age for guns to 21 throughout the City of Eden Prairie. Tyra-Lukens noted this resolution would direct her, as Mayor, to send a letter asking the local gun shops to voluntarily follow the lead of Dick's and Walmart to discontinue sales of assault-style weapons and to increase the minimum purchase age for guns to 21. She noted many residents expressed concerns about gun violence; however, the City Attorney's research showed that there is no action we can take as a local government. She said the emails received recently indicate a great deal of misunderstanding. The proposed resolution would not impose a ban on the sale of assault-style weapons, nor would it increase the minimum age to purchase guns to 21. Butcher Wickstrom thanked the residents for the many emails and phone calls she received about the resolution. She noted the resolution is a position or opinion and is non-regulatory. Some people thought the resolution did not go far enough, and others felt we should not pass the resolution. Another opinion was to gather more perspectives and have more discussion of the issue. She thought we do need additional voices to be heard, including students, young people, businesses, the School District, public safety, and mental health professionals. It is important we have a community conversation CITY COUNCIL MINUTES May 15, 2018 Page 5 about this subject. She proposed we hold this resolution and work on a method for creating a more comprehensive resolution that would include the additional voices. She appreciated the leadership on the Council for bringing this idea forward, and she believed local government is the place to discuss public safety. Nelson said she was very concerned about the prevention of gun violence and liked portions of the resolution; however, current State law says 18-year old's have the right to purchase guns, and she did not want to ask the gun shops to go against State law. She did not believe the City should ask businesses or anyone else to discriminate against a group of citizens. Case said open meeting laws prevent the City Council from conducting business except in public, so this subject has to be discussed by the Council in front of the public. He respected the opinions of all the other Council Members and thanked everyone that sent emails about this subject. He said he leaned on the side that we have to do something around the country regarding gun violence. He was able to communicate with people who were very heartfelt about the NRA pro-gun position, and one of those supporters asked if he had talked to the staff at the Arnzen store. He stopped in there and talked to the owner and staff members last Saturday. It gave him hope for the country that we can have conversations like this, even though we are so divided on the subject of guns. He respects the rights of law-abiding citizens to purchase guns. He understood there are arguments on both sides of the issue; however, he realized there are a lot of common sense ideas that are common to all of us. One of the pro-gun advocates said this is all about fear on both sides of the issue. This resolution is a small, symbolic gesture to help move the conversation. Case noted all gun stores have the right to use their discretion not to sell guns to an individual. The gun stores in the City have said they do exercise that right at times. The gun store owners also said they will not abide by this resolution. People have said this discussion is not within the purview of the City Council. He disagreed with that and believed local government must do anything in its power to help their citizenry be safe. City Council Members have been elected to do just that. He would favor passing this resolution,but it appears we will not do that. He did believe there is a doable list of things on which we can come together that will make us substantively safer. Such a list might include: making all gun sales have a consistent permitting process; "red flag" laws; and banning sales of bump stocks. We could get other communities to join us to write such a list which would be made up of common sense items. It would also be valuable for the Council to send such a list of ideas to members of the State legislature. We can try to make a difference by taking a stand and requesting the State legislature come together and find a sensible way to make a difference. Aho said he was very concerned about the safety of his family and was also very concerned for the safety and welfare of all children and all people who live or work in Eden Prairie. He was also saddened by attacks around the world that are fueled by hatred and anger and are acts of murder. There are laws in every city in the world to prohibit murder. Evil, hate-filled individuals will always find a way to do evil acts. Such people do not care about humanity and human decency. Most of us are CITY COUNCIL MINUTES May 15, 2018 Page 6 responsible individuals and do care about abiding by our laws. Our Police Department and the Hennepin County Sheriffs office work with other law enforcement agencies such as the FBI and State agencies. They also collaborate with the School District to make sure our children are safe. He was proud of our community's proactive attention to this issue. There are State and local regulations about the sale and possession of firearms. In1989 Eden Prairie passed an ordinance prohibiting the discharge of firearms in the City without a permit. Congress passed the Gun-Free School Zone Act which prohibits any person from carrying a dangerous weapon onto any school property. We have laws to prevent certain persons from possessing firearms. We are better prepared and better trained to keep firearms out of the hands of anyone who is not eligible to have one through application of the laws we have in place. We have protective measures in place in the City and in the schools. Our first responsibility as City officials is the safety of our citizens, and everyone involved takes their responsibility seriously. Eden Prairie is committed to, and has been a leader in, gun violence prevention. We coordinate with the Hennepin County Sheriff's office to ensure that only law abiding citizens can purchase a gun. The process we have in place works well. Aho said this resolution is being drafted by good intentions and emotions. He said he visited with the retailers who sell AR-15's and other weapons in the City and discussed the policies and procedures they follow when they sell firearms. They follow the current laws and use their own judgment in individual sales. Asking them to comply with current laws is unnecessary. If they don't comply, they will be shut down. It is inappropriate to ask them to go above and beyond the current laws. If we want to focus our concern on saving the lives of Eden Prairie residents, we should be working on the opioid epidemic which has had many more victims in our City than has gun-related violence. Council Members have sworn to uphold the Constitution of the United States and the State of Minnesota. He would encourage anyone who is truly concerned about gun safety to take a gun safety course to learn more about the topic. This is a State and Federal government issue and is not within our authority. Taking City staff time to create this resolution is a waste of time. There is much confusion over the intent of the resolution, and it could harm our retail businesses. There are too many vague terms. He believed this resolution is political grandstanding with no political value. Tyra-Lukens said she will not ask for a motion on the proposed resolution. She noted some emails accused the Council of trying to override the Constitution. We are not trying to override the Constitution, rather we are trying to develop common sense ideas about the issue. The Constitution and the Bill of Rights are there to be amended. The Council is responsible for many things, and we are part of a greater community. We need to represent our community to the State and the Federal government. We need to have this issue heard by our legislators because we are the next step up in a grass roots movement to change. She was not comfortable with the resolution because it doesn't have teeth and has caused concerns. The Council can't pass any laws having to do with gun regulation. She proposed we, as Council Members, do a letter to our legislators about concerns we have regarding gun violence. We have a desire to make our families safer; however, we have no control of gun laws nor do we have control regarding mental health issues. We would request the legislators do what they can to address the issue of gun violence while protecting the rights of the Constitution and individual gun CITY COUNCIL MINUTES May 15, 2018 Page 7 owners. She thought there is information that our legislators can gather to pursue change on this issue. MOTION: Butcher Wickstrom moved, seconded by Case, to forward a letter to be signed by the City Council to go to our legislators in the State and Federal governments expressing our concerns about the issue of gun violence. Motion carried 5-0. Tyra-Lukens said the Council would work with City staff to draft the letter. Aho noted he would like to read the draft letter before it is forwarded to our legislators. X. PUBLIC HEARINGS/MEETINGS A. HAMPTON INN by D&T Eden Prairie, LLC. First Reading of an Ordinance for PUD District Review on 1.7 Acres; Resolution No. 2018-60 for PUD Concept Review on 1.7 Acres Getschow said the proposed project is for the construction of a six story, 105 guest room hotel. He noted the property received PUD, rezoning and site plan approval from the City for the construction of a Hampton Inn in 2016. That approval included a five story, 105 room hotel with a level of below ground parking. Proponent is coming back with a slightly different project tonight. Chris Flagg, Chief Investment Officer for TPI Hospitality, said the construction bids received in 2016 came in well above expectations. The current project is a proposed redesign that is one story taller and sits further back on the site. He gave a PowerPoint presentation reviewing the project plans. He noted they eliminated the basement parking garage. They worked with Southwest Light Rail (SWLRT) on an access agreement that allows SWLRT access to the stormwater pond. There are more parking islands in the plan than the previous design. Aho asked if they have anticipated having any sound problems with SWLRT trains crossing the road near the building. Mr. Flagg responded they designed the building assuming that will be the case. There will be a link to the existing trail along Technology Drive, and they will rebuild the retaining wall on the lake side. There will be LED lighting throughout the hotel and one bike rack. They plan to plant native species and pollinators in the wetland area. They will recycle construction materials and plans include three electric vehicle recharging stations. Tyra-Lukens asked about the use of key cards in order to turn on lights in the rooms. Mr. Flagg said there are energy initiative policies, such as motion detectors in the rooms, that are required by Hilton, their parent brand Nelson asked if they considered doing solar panels on the roof. Mr. Flagg replied they have done that on other hotels; however, they determined there was not an adequate return on investment because of the number of cloudy days in Minnesota. There were no comments from the audience. CITY COUNCIL MINUTES May 15, 2018 Page 8 MOTION: Aho moved, seconded by Nelson, to close the public hearing; and to adopt Resolution No. 2018-60 for Planned Unit Development Concept review on 1.7 acres; and to approve 1st reading of the ordinance for Planned Unit Development District review with waivers on 1.7 acres; and to direct staff to prepare a development agreement incorporating staff and commission recommendations and Council conditions. Motion carried 5-0. B. APPROVE FIRST READING OF AN ORDINANCE AMENDING CITY CODE SECTION 9.60, RELATING TO USE OF LAKE WATERS Getschow said over the past few years we have been talking about amendments needed to City Code Section 9. We have received DNR approval for the proposed changes to City Code Section 9.60 to include the addition of Slow-No Wake restrictions for Bryant and Staring Lakes, the allowance of small electric motors on Duck Lake, and some general updates to bring the section into compliance with state code. Ellis said there were statewide issues with high water levels in 2014, so the State Commission and the DNR issued an executive order to allow cities to create a No- Wake zone for just one year and to allow cities to pass a more permanent restriction with the approval of the DNR. This ordinance puts such a Slow-No Wake restriction for Bryant and Staring Lakes. Staff wanted to put a similar restriction for Riley Lake, but Chanhassen isn't in a position to move forward with that. In response to neighborhood meetings where residents asked to be allowed to use small electrical motors on the lake because several of the residents there have mobility issues, the ordinance allows small electric motors on Duck Lake. There is another update included that brings our provisions regarding the permitting of docks to come into compliance with the DNR, the statutory authority over permitting of docks. We will maintain the provision allowing only one dock per lot. The rest of the amendment is primarily housekeeping changes and changes to bring us into compliance with State law. Aho asked if the restrictions go on automatically when water levels reach a certain height on the two lakes. Ellis replied this change specifies levels for both lakes, and the restrictions will go on automatically. There are some posting requirements at the public launches to notify people of the restriction. Tyra-Lukens commented she sees a lot of docks that go out into the lake and then branch off. Ellis responded there can be one dock with up to six slips off it,but there cannot be multiple docks. The DNR is trying to protect the flow of water. David Ziegler, 16729 Baywood Terrace, said he is a member of the Homeowners Association for Duck Lake. The association supported the changes because there have been a lot of mobility issues recently among the association members and allowing small electric motors would be a good change. CITY COUNCIL MINUTES May 15, 2018 Page 9 Dan Gustafson, a Wayzata resident, said he has worked with City staff and has offered feedback to them regarding the change regarding docks. He reviewed the State statutes regarding surface water regulation at length. Nelson asked Mr. Gustafson what his specific point was regarding the ordinance amendment. Mr. Gustafson replied he was concerned about regulating surface water with land use rules and believed it should be up to the property owner. Case asked if Mr. Gustafson was saying our ordinance is null and void. Mr. Gustafson replied the State is the guardian of water rights, and this ordinance deals with the regulation of the water, not the land. Rosow said he thought this discussion relates to a previous case in Eden Prairie regarding a second dock. He believed Mr. Gustafson would like to see the restriction to one dock per lot removed or a variance process included. He said the City Council has the authority to regulate wharfs and docks under Chapter 4.12 of the regulatory statutes. He believed the Council has all the authority it needs to adopt this ordinance. Case noted we hire Mr. Rosow to give us the best possible advice, and he was comfortable with that. Tyra-Lukens asked if we have any idea what other communities do about this situation. Rosow replied other communities have regulated in a variety of ways to try to reach a similar result. He said staff could look into that subject and provide more information prior to second reading. MOTION: Case moved, seconded by Butcher Wickstrom, to close the public hearing, and to approve first reading of an ordinance amending City Code Section 9.60. Motion carried 5-0. Aho asked if there was any way we could offer a process whereby someone could request a variance. Rosow replied there was no way to do that and not affect every lot on that lake and other lakes as well. C. VACATION OF DRAINAGE AND UTILITY EASEMENTS LYING OVER, UNDER,AND ACROSS LOT 1 AND LOT 2,BLOCK 1, ERS ESTATES (Resolution No. 2018-61) Getschow said Lots 1 and 2 have a common ownership, and the property owner has requested the vacation of a part of the drainage and utility easements to facilitate lot improvement. There were no comments from the audience. MOTION: Butcher Wickstrom moved, seconded by Case, to close the public hearing, and to adopt Resolution No. 2018-61 vacating parts of the drainage and utility easements lying over, under and across Lot 1 and Lot 2, Block 1, ERS CITY COUNCIL MINUTES May 15, 2018 Page 10 ESTATES, according to the recorded plats thereof, Hennepin County, Minnesota. Motion carried 5-0. XI. PAYMENT OF CLAIMS MOTION: Case moved, seconded by Nelson, 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." 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 MOTION: Butcher Wickstrom moved, seconded by Case,to adjourn the meeting. Motion carried 5-0.Mayor Tyra-Lukens adjourned the meeting at 8:56 p.m. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar June 12, 2018 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Christy Weigel, Clerk's License Application List VIII.A. Police/ Support Unit These licenses have been approved by the department heads responsible for the licensed activity. Requested Action Motion: Approve the licenses listed below Krista Emily Justen Temporary Liquor Elements Massage Organization: Wings of the North 10165 Hennepin Town Road#103 Event: An Evening with Heather Penney Date: Friday June 22, 2018 Dzintars Lachkaya Place: Wings of the North Air Museum Elements Massage 10100 Flying Cloud Drive 10165 Hennepin Town Road#103 Gena Ruth LaPlante Therapeutic Massage Enterprise Elements Massage 10165 Hennepin Town Road#103 Body Energy LLC DBA: Elements Massage Chelsea Marie Lindberg 10165 Hennepin Town Road#103 Elements Massage 10165 Hennepin Town Road#103 Massage Therapist Sarah Elizabeth Watua Elements Massage Ashley Nichole Anderson 10165 Hennepin Town Road#103 Elements Massage 10165 Hennepin Town Road#103 Lisa Marie Anderson Elements Massage 10165 Hennepin Town Road#103 Lisa J H Grossman Elements Massage 10165 Hennepin Town Road#103 Eric Gustav Johnson Elements Massage 10165 Hennepin Town Road#103 - 1 - CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar June 12, 2018 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development/Planning Hampton Inn VIII.B. Janet Jeremiah/Julie Klima Requested Action Move to: • Adopt a Resolution for a Site Plan on 1.7 acres; and, • Approve the 2nd reading of the Ordinance for Planned Unit Development District Review with waivers on 1.7 acres; and, • Approve the Development Agreement for Hampton Inn. Synopsis This is the final approval of the development agreement and plans for Hampton Inn. The property is located at 11825 Technology Drive. The project includes a 6 story, 105 guest room hotel. Background On May 15, 2018, the City Council approved the 1st reading of the Ordinance for the PUD for Hampton Inn and directed staff to prepare a Development Agreement. The 120-Day review period expires on July 24, 2018. Attachments Ordinance—PUD District Review Ordinance Summary Resolution—Site Plan Development Agreement HAMPTON INN CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 11-2018-PUD-4-2018 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 Town Center—Commercial District 11-2018-PUD-4-2018 (hereinafter "PUD-4-2018-TC-C). Section 3. The City Council hereby makes the following findings: A. PUD-4-2018-TC-C is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-4-2018-TC-C 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-4-2018-TC-C are justified by the design of the development described therein. D. PUD-4-2018-TC-C 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 June 12, 2018, entered into between D & T Eden Prairie LLC and the City of Eden Prairie, (hereinafter"Development Agreement"). The Development Agreement contains the terms and conditions of PUD-4-2018-TC-C, 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 Town Center- Commercial District and shall be included hereafter in the Planned Unit Development 3-2018-TC-C, 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 15th day of May, 2018, 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 12th day of June, 2018. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on June 21, 2018. EXHIBIT A PUD Legal Description Legal Description: Lot 1, Block 1, Anderson's Idleview, according to the recorded plat thereof, Hennepin County, Minnesota together with an Easement for vehicular and pedestrian access, ingress and egress for the benefit of Lot 1, Block 1, Anderson's Idleview, as set forth in Reciprocal Easement Agreement dated September 14, 1995, recorded May 1, 1996, as Document No. 2698032. Being Registered land as evidenced by Certificate of Title No. 1403420 HAMPTON INN CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 11-2018-PUD-4-2018 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA,AMENDING THE ZONING OF CERTAIN LAND WITHIN ONE DISTRICT,AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99,WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance allows amendment of the zoning of land located at 11825 Technology Drive within the Town Center—Commercial Zoning District. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on , 2018. (A full copy of the text of this Ordinance is available from City Clerk.) CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2018- A RESOLUTION GRANTING SITE PLAN APPROVAL FOR HAMPTON INN BY D & T EDEN PRAIRIE LLC WHEREAS, D &T Eden Prairie LLC, has applied for Site Plan approval of Hampton Inn to construct a 6 story, 105 guest room hotel, by an Ordinance approved by the City Council on June 12, 2018; and WHEREAS, the Planning Commission reviewed said application at a public hearing at its April 23, 2018 meeting and recommended approval of said site plans; and WHEREAS, the City Council has reviewed said application at a public hearing at its May 15, 2018 meeting. NOW, THEREFORE,BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,that site plan approval is granted to Hampton Inn based on the Development Agreement between D & T Eden Prairie LLC and the City of Eden Prairie, reviewed and approved by the City Council on June 12, 2018. ADOPTED by the City Council of the City of Eden Prairie this 12th day of June, 2018. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk DEVELOPMENT AGREEMENT HAMPTON INN THIS DEVELOPMENT AGREEMENT("Agreement")is entered into as of , 2018,by D&T EDEN PRAIRIE LLC,a Minnesota limited liability corporation,hereinafter referred to as "Developer," its successors and assigns, and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City": WITNESSETH: WHEREAS,Developer has applied to City for Planned Unit Development Concept Review on 1.7 acres, Planned Unit Development District Review with waivers on 1.7 acres, and Site Plan Review on 1.7 acres (the "Applications"), legally described on Exhibit A (the"Property"); WHEREAS,Fuddruckers,Inc. and the City entered into a Developer's Agreement between the Fuddruckers,Inc.,the predecessor in interest to Developer and the City as of September 5, 1995, pertaining to the Property("Original Development Agreement") attached hereto as Exhibit F. NOW,THEREFORE,in consideration of the City adopting Resolution No. for Planned Unit Development Concept Review, Ordinance No. for Planned Unit Development District Review with waivers on 1.7 acres,and Resolution No. for Site Plan Review, Developer agrees to construct, develop and maintain the Property as follows: 1. PLANS: Developer shall develop the Property in conformance with the materials revised 1 Hampton Inn Development Agreement June 12, 2018 and stamp dated May 9,2018,reviewed and approved by the City Council on May 15,2018 (hereinafter the "Plans") and identified on Exhibit B, subject to such changes and modifications as provided herein. 2. EXHIBIT C: Developer agrees to the terms, covenants, agreements, and conditions set forth in Exhibit C. 3. DEVELOPER'S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a violation of City Code relating to use of the Land construction thereon or failure to fulfill an obligation imposed upon the Developer pursuant to this Agreement,City shall give 24 hour notice of such violation in order to allow a cure of such violation, provided however, City need not issue a building or occupancy permit for construction or occupancy on the Land while such a violation is continuing,unless waived by City. The existence of a violation of City Code or the failure to perform or fulfill an obligation required by this Agreement shall be determined solely and conclusively by the City Manager of the City or a designee. 5. DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer shall release,defend and indemnify City,its elected and appointed officials,employees and agents from and against any and all claims, demands, lawsuits, complaints, loss, costs (including attorneys' fees), damages and injunctions relating to any acts, failures to act, errors, omissions of Developer or Developer's consultants,contractors,subcontractors,suppliers and agents. Developer shall not be released from its responsibilities to release, defend and indemnify because of any inspection, review or approval by City. 6. EXTERIOR MATERIALS: Prior to building permit issuance,Developer shall submit to the City Planner,and receive the City Planner's written approval of a plan depicting exterior materials and colors to be used on the buildings on the Property. Prior to issuance of any occupancy permit for the Property, Developer shall complete implementation of the approved exterior materials and colors plan in accordance with the terms and conditions of Exhibit C, attached hereto. 7. GRADING, DRAINAGE, AND STORMWATER POLLUTION PREVENTION PLANS: A. FINAL GRADING AND DRAINAGE PLAN: Developer agrees that the grading and drainage plan contained in the Plans is conceptual. Prior to the release of a land alteration permit for the Property, Developer shall submit and obtain the City Engineer's written approval of a final grading and drainage plan for the Property. The final grading and drainage plan shall include all wetland information, including wetland boundaries,wetland buffer strips and wetland buffer monument locations;all 2 Hampton Inn Development Agreement June 12, 2018 Stormwater Facilities, such as water quality ponding areas, stormwater detention areas, and stormwater infiltration systems; and any other items required by the application for and release of a land alteration permit. All design calculations for storm water quality and quantity together with a drainage area map shall be submitted with the final grading and drainage plan. Developer shall furnish to the City Engineer and receive the City Engineers'written approval of a security in the form of a bond, cash escrow, or letter of credit, equal to 125% of the cost of said improvements as required by City Code. Prior to release of the grading security, Developer shall certify to the City that the Stormwater Facilities conform to the final grading plan and that the Stormwater Facilities are functioning in accordance with the approved plans. Developer shall employ the design professional who prepared the final grading plan. The design professional shall monitor critical phases of construction for conformance to the approved final grading plan and Stormwater Pollution Prevention Plan (SWPPP). The design professional shall provide a final report to the City certifying completion of the grading in conformance the approved final grading plan and SWPPP. In addition, the design professional retained by the Developer to perform the monitoring of the Project shall be responsible for all monitoring, data entry and reporting to the PermiTrack ESC web-based erosion and sediment permit tracking program utilized by the City. B. STORMWATER FACILITY CONSTRUCTION: Stormwater Facilities, including detention basins,retention basins,"Stormwater Infiltration"or"Filtration Systems"(such as rainwater gardens,vegetated swales,infiltration basins,vegetated filters, filter strips, curbless parking lot islands, parking lot islands with curb-cuts, traffic islands, tree box filters, bioretention systems or infiltration trenches) or "Underground Systems" (such as media filters, underground sand filters, underground vaults,sedimentation chambers,underground infiltration systems,pre- manufactured pipes, modular structures or hydrodynamic separators) shall be maintained by the Developer during construction and for a minimum of two(2) full growing seasons after completion of the development to ensure that soil compaction, erosion, clogging, vegetation loss, channelization of flow or accumulation of sediment are not occurring,and thereafter by the Owner of the Property.Planting and Maintenance Plans for the Stormwater Facilities (where appropriate)to ensure that the Stormwater Facilities continue to function as designed in perpetuity must be submitted prior to release of the first building permit for the Development Developer shall employ the design professional who prepared the final grading plan to monitor construction of the Stormwater Facilities for conformance to the Minnesota Pollution Control Agency publication entitled"Minnesota Storm Water Manual" latest edition, the approved final grading plan and the requirements listed 3 Hampton Inn Development Agreement June 12, 2018 herein. All inspections of underground systems shall be performed by personnel that have approved OSHA confined space training. Maintenance techniques must be used during construction to protect the infiltration capacity of all Stormwater Infiltration Systems by limiting soil compaction to the greatest extent possible. This must include delineation of the proposed infiltration system with erosion control fencing prior to construction; installation of the infiltration system using low-impact earth moving equipment; and not allowing equipment,vehicles, supplies or other materials to be stored or allowed in the areas designated for stormwater infiltration during construction. In areas of structural infiltration Developer shall prior to construction of the infiltration system provide a plan that addresses: (i) construction management practices to assure the infiltration system will be functional; (ii), erosion control measures; (iii) infiltration capacity; (iv) performance specifications that the completed infiltration system must meet to be considered functional by City and(v) corrective actions that will be taken if the infiltration system does not meet the performance specification. All Stormwater Infiltration Systems must be inspected prior to final grading to ensure that the area is infiltrating as proposed and to determine if corrective measures are required to allow infiltration as proposed. Field verification of post-construction infiltration rates must be provided to the City within 30 days after the first rainfall event of inch or greater after the Stormwater Infiltration Systems become operational. If infiltration rates are reduced a plan to restore adequate infiltration must be provided within 90-days of the field verification test. The work required to bring the Stormwater Infiltration System back into compliance be implemented within 60 days of City approval of the plan. Pervious surfaces shall be stabilized with seed and mulch or sod and all impervious surfaces must be completed prior to final grading and planting of the Stormwater Infiltration Systems. C. STORMWATER FACILITY INSPECTION AND MAINTENANCE: A Stormwater Maintenance Plan must be provided for operation and maintenance of all Stormwater Facilities to ensure they continue to function as designed in perpetuity prior to issuance of the Land Alteration Permit. The Stormwater Maintenance Plan must identify and protect the design, capacity and functionality of all Stormwater Facilities. The Maintenance Plan must contain at a minimum: the party(s) responsible for maintenance; access plans; inspection frequency; methods used for field verification of infiltration for Stormwater Infiltration Systems;routine and non- routine inspection procedures; sweeping frequency for all parking and road surfaces; plans for restoration of reduced infiltration for Stormwater Infiltration Systems;and 4 Hampton Inn Development Agreement June 12, 2018 plans for replacement of failed systems,all pursuant to and in accordance with Eden Prairie City Code Section 11.55, Subd. 8. During construction and for two years following completion of construction, all Stormwater Facilities shall be inspected at a minimum of once annually to determine if the Stormwater Facility(s) is treating stormwater as designed and should occur within 72-hours after a rainfall event of one-inch or greater to verify infiltration. All Stormwater Facilities shall be kept free of debris,litter,invasive plants and sediment. Erosion impairing the function or integrity of the Stormwater Facilities,if any,must be corrected and any structural damage impairing or threatening to impair the function of the Stormwater Facilities must be repaired. The following criteria must be included in the inspection: • A storage treatment basin(including retention and detention basins)shall be considered inadequate if sediment has decreased the wet storage volume by 50 percent or dry storage volume by 25 percent of its original design volume. • A Stormwater Infiltration System shall be considered inadequate if sediment has accumulated that impairs or has the potential to impair infiltration of stormwater. • An underground storage chamber shall be considered inadequate if sediment has decreased the storage volume by 50 percent of its original design volume. Based on this inspection,if a Stormwater Facility requires cleanout,the Stormwater Facility shall be restored to its original design and/or the infiltration capacity of the underlying soils must be restored and any surface disturbance must be stabilized within one year of the inspection date. Sediment, debris, litter or vegetation removal in Stormwater Infiltration Systems shall to the extent practical be removed by hand during dry periods. Only enough sediment shall be removed as needed to restore hydraulic capacity, leaving as much of the vegetation in place as possible. Any damaged turf or vegetation shall be reseeded or replaced. For any situations in which hand removal is not practical, Developer shall identify in the Stormwater Maintenance Plan procedures that will be implemented to protect functionality of the Stormwater Infiltration Systems. After the two year period of maintenance,the Owner of the Property shall continue to be responsible for maintenance of the Stormwater Facilities. This shall include inspections at a minimum of once per every five years. Regular maintenance shall be conducted and must include regular sweeping of private streets,parking lots or drive aisles at a minimum of once per year; debris and litter removal;removal of noxious and invasive plants;removal of dead and diseased plants; maintenance of approved 5 Hampton Inn Development Agreement June 12, 2018 vegetation; re-mulching of void areas; replanting or reseeding areas where dead or diseased plants were removed; and removal of sediment build-up. Areas above Underground Systems shall be kept free of structures that would limit access to the System for inspections, maintenance or replacement. D. STORMWATER POLLUTION PREVENTION PLAN (SWPPP): Prior to issuance of a land alteration permit,Developer shall submit to the City Engineer and obtain City Engineer's written approval of Stormwater Pollution Prevention Plan (SWPPP) for the Property. The SWPPP shall include all boundary erosion control features, temporary stockpile locations, turf restoration procedures, concrete truck washout areas and any other best management practices to be utilized within the Project. Prior to release of the grading bond, Developer shall complete implementation of the approved SWPPP. 8. IRRIGATION PLAN: Developer shall submit to the City Planner and receive the City Planner's written approval of a plan for irrigation of the landscaped areas on the Property. The irrigation plan shall be designed so that water is not directed on or over public trails and sidewalks. Developer shall complete implementation of the approved irrigation plan in accordance with the terms and conditions of Exhibit C prior to issuance of any occupancy permit for the Property. 9. LANDSCAPE PLAN: Prior to building permit issuance,the Developer shall submit to the City Planner and receive the City Planner's written approval of a final landscape plan for the Property depicting a total of 280.97 caliper inches. The approved landscape plan shall be consistent with the quantity,type,and size of plant materials shown on the landscape plan on the Plans. Developer shall furnish to the City Planner and receive the City Planner's written approval of a security in the form of a cash escrow, or letter of credit, equal to 150%of the cost of said improvements as required by City Code. The installation of the landscaping shall conform to the approved landscape plan including but not limited to the size, species and location. Any changes, including but not limited to removal and relocation,to the landscaping plan or landscaping installed on the Property shall be reviewed and approved by the City prior to implementing said changes. Prior to issuance of any occupancy permit for the Property, Developer shall complete implementation of the approved landscape plan in accordance with the terms and conditions of Exhibit C except as noted in the following paragraph. The installation of the landscaping shall be phased in order to allow the landscaping along the proposed LRT corridor to be installed following the completion of the LRT construction. Prior to building permit issuance,Developer shall provide to the City and receive the City's 6 Hampton Inn Development Agreement June 12, 2018 approval of the phasing of the landscaping plan. Installation of the landscaping along the LRT corridor shall be completed within 12 months of beginning normal operation of the LRT. Security as required above shall be provided for all phases prior to issuance of the building permit. The Developer may elect to provide individual securities for each phase consistent with the requirements noted above. 10. MECHANICAL EQUIPMENT SCREENING: Developer shall submit to the City Planner,and receive the City Planner's written approval of a plan for screening of mechanical equipment on the Property. For purposes of this paragraph, "mechanical equipment" includes gas meters, electrical conduit,water meters, and standard heating,ventilating, and air-conditioning units. Security to guarantee construction of said screening shall be included with that provided for landscaping on the Property, in accordance with City Code requirements. Developer shall complete implementation of the approved plan prior to issuance of any occupancy permit for the Property. If,after completion of construction of the mechanical equipment screening,it is determined by the City Planner,in his or her sole discretion,that the constructed screening does not meet the Code requirements to screen mechanical equipment from public streets and differing, adjacent land uses, then the City Planner shall notify Developer and Developer shall take corrective action to reconstruct the mechanical equipment screening in order to cure the deficiencies identified by the City Planner. Developer agrees that the City will not release the security provided until Developer completes all such corrective measures. 11. OTHER AGENCY APPROVALS: The Developer shall be responsible for submitting to the City Engineer,copies of all necessary approvals issued by other agencies for the project. These submittals are required prior to issuance by the City of the corresponding City permit(s).The agencies issuing such approvals include,but are not necessarily limited to,the following: the Minnesota Pollution Control Agency, Metropolitan Commission Environmental Services, Riley Purgatory Bluff Creek Watershed District. 12. PERFORMANCE STANDARDS: Developer agrees that the Property will be operated in a manner meeting all applicable noise,vibration,dust and dirt,smoke,odor and glare laws and regulations. Developer further agrees that the facility upon the Property shall be operated so noise,vibration,dust and dirt,smoke,odor and glare do not go beyond the Property boundary lines. 13. PUD WAIVERS GRANTED: The city hereby grants the following waivers to City Code requirements within the Town Center Commercial District through the Planned Unit Development District Review for the Property and incorporates said waivers as part of PUD (list PUD number): A. Front yard setback. City Code requires a 15 foot maximum. 62 feet 6 inches is allowed. 7 Hampton Inn Development Agreement June 12, 2018 B. Ordinary High Water Level Setback. City Code requires 200 feet for buildings and 50 feet for parking. 43 feet 3 inches to the building, 38 feet 3 inches to the parking and 35 feet 2 inches to the retaining wall is allowed. C. Building Footprint Coverage. City Code requires 30%minimum. 15.5% is allowed. D. Maximum Impervious Surface Area. City Code requires 30%maximum. 72% is allowed. E. Street Facade Building Breaks. City Code requires 40 feet maximum. 45 feet is allowed. F. Street Level Frontage Transparency. City Code requires 40%minimum required. 17% allowed. G. Primary Entrance. City Code requires 60 feet maximum separation. Complete waiver is allowed. H. Parking Stall Count. City Code requires 113 stalls. 98 allowed. I. Parking Stall Length. 19 foot length required. 18 feet is allowed. J. Parking Drive Aisle Width. City Code requires 25 feet. 24 feet is allowed for the two way traffic circulation areas and 23.5 feet is allowed for the one way traffic circulation area. K. Parking in Front of Building. City Code prohibits parking front of a building yard. Parking is allowed in front of the building area. L. Parking Island Minimum Size. City Code requires parking islands to occupy 5% of the parking lot area and be a minimum of 160 square feet in size. 9 parking islands are allowed at less than 160 square feet in size. M. Structure Setback from Wetland Buffer. 15 feet required. 9 feet 9 inches allowed to building and 0 feet allowed to retaining wall. 14. PRIOR DEVELOPMENT AGREEMENTS: A.Developer agrees to all of the terms,conditions and obligations of"Developer"under the "Original Development Agreement", except as inconsistent with or amended by this Agreement. B. Upon the filing of this Agreement with the Office of the Registrar of Titles the Development Agreement by and between the parties hereto dated July 19, 2016, filed July 27, 2016, recorded with the Office of the Registrar of Titles as Doc. No. T05367398 is terminated. 15. RETAINING WALLS: Prior to issuance by the City of any permit for grading or construction on the Property, Developer shall submit to the Chief Building Official, and obtain the Chief Building Official's written approval of detailed plans for any retaining walls greater than four feet in height. These plans shall include details with respect to the height,type of materials, and method of construction to be used for the retaining walls. 8 Hampton Inn Development Agreement June 12, 2018 Developer shall complete implementation of the approved retaining wall plan in accordance with the terms and conditions of Exhibit C, attached hereto, prior to issuance of any occupancy permit for the Property. All maintenance and repair of all retaining walls on the Property shall be the responsibility of the Developer, its successors and assigns. 16. PUBLIC TRAIL CONSTRUCTION: Prior to issuance by City of any building permit on the Property, Developer shall submit to the Director of Parks and Recreation Services and obtain the Director's written approval of detailed plans for public trails to be constructed on the Property. Trails shall be constructed by the Developer in the following locations: A. An eight-foot wide trail of materials approved by the City to be located adjacent to Lake Idlewild as depicted in the Plans. 17. SIGNS: Developer agrees that for each sign which requires a permit by Eden Prairie City Code, Section 11.70,Developer shall file with the City Planner and receive the City Planner's written approval of an application for a sign permit. The application shall include a complete description of the sign and a sketch showing the size, location,the manner of construction, and other such information as necessary to inform the City of the kind, size, material construction,and location of any such sign,consistent with the sign plan shown on the Plans and in accordance with the requirements of City Code, Section 11.70, Subdivision 5a. 18. SITE LIGHTING: Prior to building permit issuance, Developer shall submit to the City Planner and receive the City Planner's written approval of a plan for site lighting on the Property. All pole lighting shall consist of downcast cut-off not to exceed 25 feet in height. Developer shall complete implementation of the approved lighting plan prior to issuance of any occupancy permit for the Property. 19. SITE AMENITIES DETAILS: The installation and maintenance of the site amenities depicted in the Exhibit B plans shall be the responsibility of the Developer. Prior to issuance of the certificate of occupancy for the Property, Developer shall install said amenities. 20. SOUTHWEST LIGHT RAIL TRANSIT: The Property is adjacent to the planned Southwest Light Rail Transit corridor. The Developer is solely responsible to address noise mitigation measures for the Property using such building construction methods and materials to the extent deemed appropriate by the Developer. The Developer agrees that the City shall not be responsible for any noise attenuation or mitigation of the Property. Any noise and/or lighting mitigation required or requested by the City or a third party for the Property shall be the sole responsibility of the Developer. 21. STRUCTURE SETBACKS FROM 100 YEAR FLOOD ELEVATION: All permanent 9 Hampton Inn Development Agreement June 12, 2018 structures which will abut existing wetlands or storm water pretreatment ponds must have a minimum setback of 30 feet from the 100-year flood elevation as shown on the Plans. 22. TRAIL EASEMENT:Prior to the release of the building permit for the Property,Developer shall submit a Trail Easement,attached as Exhibit D,for review and written approval by the Director of Parks and Recreation Services,over that portion of the Property,as delineated on the Plans. After approval by the City, Developer shall file the Trail Easement with the Hennepin County Registrar of Titles' Office prior to recording of any document affecting the property including but not limited to any mortgage granted by the Developer or owners,their successors and/or assigns. Prior to the issuance of the first building permit for the Property,Developer shall submit to the City Engineer proof that the Trail Easement has been recorded in the Hennepin County Registrar of Titles' Office. Developer shall complete implementation of the approved plans in accordance with the terms of Exhibit C prior to issuance of any occupancy permit for the Property. Bonding in accordance with City Code shall be required for trail construction. 23. TRASH: Developer agrees that all trash, trash receptacles and recycling bins shall at all times be located inside of the building enclosures depicted on the Plans. 24. WETLAND PLAN: Prior to release of the land alteration permit for any portion of the Property,Developer shall submit to the Environmental Coordinator and receive the Environmental Coordinator's approval of a Wetland Plan. The approved Wetland Plan shall be consistent with the materials and requirements shown on the Plans and as required by City Code. The Plan shall include the following elements. A. Wetland Delineation and Wetland Buffer Strip Evaluation: Developer shall submit to the City a Wetland Buffer Strip Evaluation Report("Buffer Report") and Wetland Delineation Report in accordance with the Wetland Plan and City Code requirements. If the Delineation or Buffer Reports identify any unacceptable vegetation or other conditions, the wetland and/or wetland buffer strip shall be graded, treated, reseeded and/or replanted (thereon known as "Landscaping", or "Landscaped")by the Developer within 90 days of submission of the Buffer Report or within 90 days after receipt of a wetland permit for wetland alteration. If the Wetland Plan is submitted after September 30th,the Landscaping must be completed by June 30th of the following year. If Landscaping of the wetland and/or wetland buffer strip is required,the Developer shall submit a signed statement by a qualified wetland consultant, as determined by the City Manager, stating that the wetland and/or wetland buffer strip vegetation complies with all City requirements within 30 days of completion of the Landscaping of the wetland and/or wetland buffer strip. 10 Hampton Inn Development Agreement June 12, 2018 B. Annual Wetland and Wetland Buffer Strip Evaluation: Developer shall submit a signed contract with a qualified wetland consultant, as determined by the City Manager and/or designee,for preparation of an Annual Wetland and Wetland Buffer Strip Evaluation Report(Annual Buffer Report) that evaluates the condition of the wetland(s)and wetland buffer strip(s)and to determine if they are in compliance with all City requirements. The Annual Buffer Report shall provide both an action plan and proposed cost for correction of all problems identified within the wetland(s) and/or wetland buffer strip(s). The first Annual Buffer Report shall be submitted no later than November 1 of the calendar year in which construction of the wetland and/or wetland buffer strip is commenced. Thereafter, this report shall be submitted annually until two full growing seasons following completion of the development have passed, at which point a final Annual Report shall be submitted. The final Annual Buffer Report shall evaluate the wetland(s) and wetland buffer strip(s) to determine if the wetland(s) and/or wetland buffer strip(s)remain in compliance with all City requirements. If any unacceptable conditions or vegetation are identified within the Annual Buffer Reports or final Annual Buffer Report, the Developer shall correct the area(s) identified within 90 days of submission of the Annual Buffer Report. C. Conservation Easement: Developer shall submit a Conservation Easement attached as Exhibit E,for review and written approval by the Environmental Coordinator,for the area(s) delineated on the Plans. After approval by the City, Developer shall file the Conservation Easement with the Hennepin County Registrar of Titles' Office as appropriate immediately after the recording of the final plat and prior to recording of any document affecting the property including but not limited to any mortgage granted by the Developer or owners, their successors and/or assigns. Prior to the issuance of the first building permit for the Property, Developer shall submit to the Environmental Coordinator proof that the Conservation Easement has been recorded in the Hennepin County Registrar of Titles' Office. D. Wetland Buffer Strip Monuments: The Wetland Plan shall include a plan to install all wetland buffer strip monuments for the property prior to release of the first building permit for any portion of the Property. The Security referred to in paragraph E below shall include the cost for location, including surveying, and installation of the monuments. Wetland buffer strip monument locations shall be shown on the final grading plan and final plat. The monument shall consist of a post and a wetland buffer strip sign. The post shall be a 1.12 to 2.0 pounds per foot (1.12 pounds per foot is preferred) green steel channel post or other material pre-approved in writing by the City Manager. The post shall be a minimum of 2.25 inches wide and 6 feet 6 11 Hampton Inn Development Agreement June 12, 2018 inches long (2.25"x 6.5'). The sign shall have a minimum size of 3 inch by 8 inch (3"x 8"). The sign shall be mounted flush with the top of the post and shall include the statement"Conservation Easement:No Mowing Allowed-Wetlands and buffers filter pollutants, reduce flooding and provide habitat." The signs shall also include the City and Watershed District logos and website links. . The post shall be mounted to a height of four feet above grade and set at least 2.5 feet in the ground. Removal of the wetland buffer strip monuments is prohibited. E. Wetland Performance Bond: Developer shall furnish to the Environmental Coordinator and receive the Environmental Coordinator's approval of a Wetland Plan performance bond,cash escrow,or letter of credit with a corporation approved by the City Manager or other guarantee acceptable to the City Manager(hereinafter referred to as the"Security")equal to 150%of the cost,as estimated by the City Manager,of completing said Wetland Plan requirements and/or Landscaping as depicted on the Plans and as required by City Code. Said Security shall cover costs associated with the Wetland Plan during development and for two full growing seasons following completion of the development. If the Developer fails to implement the Wetland Plan in accordance with its terms, the City may draw upon the Security in whole or in part to pay the cost of implementation. 12 Hampton Inn Development Agreement June 12, 2018 IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. CITY OF EDEN PRAIRIE By Nancy Tyra-Lukens Its Mayor By Rick Getschow Its City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2018, by Nancy Tyra-Lukens and Rick Getschow,respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. Notary Public 13 Hampton Inn Development Agreement June 12, 2018 D & T EDEN PRAIRIE LLC By Its STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2018,by ,the , of D & T Eden Prairie LLC, a Minnesota limited liability company, on behalf of the company. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 14 Hampton Inn Development Agreement June 12, 2018 EXHIBIT A - HAMPTON INN DEVELOPMENT AGREEMENT Legal Description: Lot 1, Block 1, Anderson's Idleview, according to the recorded plat thereof, Hennepin County, Minnesota together with an Easement for vehicular and pedestrian access, ingress and egress for the benefit of Lot 1, Block 1, Anderson's Idleview, as set forth in Reciprocal Easement Agreement dated September 14, 1995, recorded May 1, 1996, as Document No. 2698032. Being Registered land as evidenced by Certificate of Title No. 1403420 15 Hampton Inn Development Agreement June 12, 2018 EXHIBIT B-HAMPTON INN DEVELOPMENT AGREEMENT PUD Submittal (Narrative) dated March 23, 2018 by Ramaker&Associates, Inc. Cover Sheet dated 5/4/18 by Ramaker&Associates, Inc. Code Data dated 5/4/18 by Ramaker&Associates, Inc. Code Plans dated 5/4/18 by Ramaker&Associates, Inc. ALTA/ACSM Land Title Survey(Sheets 1 &2) dated April 8, 2015 by Bolton & Menk, Inc. Existing Conditions dated 5/4/18 by by Ramaker&Associates, Inc. Site Layout dated 5/4/18 by Ramaker&Associates, Inc. Grading Plan dated 5/4/18 by Ramaker&Associates, Inc. Storm Drainage/Piping Plan dated 5/4/18 by Ramaker&Associates, Inc. Utility Plan dated 5/4/18 by Ramaker&Associates, Inc. Erosion Control Plan dated 5/4/18 by Ramaker&Associates, Inc. Storm Water&Erosion Control Details dated 5/4/18 by Ramaker&Associates, Inc. Utility, Storm &Miscellaneous Details dated 5/4/18 by Ramaker&Associates, Inc. Miscellaneous Details dated 5/4/18 by Ramaker&Associates, Inc. Tree Inventory Plan dated 5/4/18 by Colberg Tews Landscape Plan dated 5/4/18 by Colberg Tews Wetland Buffer Planting Plan dated 5/4/18 by Colberg Tews PUD Site Plan dated 5/4/18 by Ramaker&Associates, Inc. Wetland Buffer Plan—Existing dated 5/4/18 by Ramaker&Associates, Inc. Wetland Buffer Plan—Proposed dated 5/4/18 by Ramaker&Associates, Inc. Electrical Site Plan dated 5/4/18 by Ramaker&Associates, Inc. Floor Plans dated 5/4/18 by Ramaker&Associates, Inc. Exterior Elevations Sheet A201 dated 5/4/18 by Ramaker&Associates, Inc. Exterior Elevations Sheeet A202 dated 5/4/18 by Ramaker&Associates, Inc. Exterior Finishes stamp dated received by Planning Department May 9, 2018 by Ramaker& Associates, Inc. Exterior Rendering (2 sheets)by Ramaker&Associates, Inc. Exterior Elevations (4 sheets)by Ramaker&Associates, Inc. Site Rendering (2 sheets)by Ramaker&Associates, Inc. Site &Landscape Rendering by Colberg Tews 16 Hampton Inn Development Agreement June 12, 2018 EXHIBIT C - HAMPTON INN DEVELOPMENT AGREEMENT I. Prior to release of any building permit, Developer shall submit to the City Engineer for approval two copies of a development plan(1"=100'scale) showing existing and proposed contours,proposed streets,and lot arrangements and size,minimum floor elevations on each lot,preliminary alignment and grades for sanitary sewer,water main,and storm sewer, 100- year flood plain contours, ponding areas, tributary areas to catch basins, arrows showing direction of storm water flow on all lots,location of walks,trails,and any property deeded to the City. II. Developer shall submit detailed construction and storm sewer plans to the Watershed District for review and approval. Developer shall follow all rules and recommendations of said Watershed District. III. Developer shall pay cash park fees as to all of the Property required by City Code in effect as of the date of the issuance of each building permit for construction on the Property. IV. If Developer fails to proceed in accordance with this Agreement within twenty-four (24) months of the date hereof, Developer, for itself, its successors, and assigns, shall not oppose the City's reconsideration and rescission of any Rezoning, Site Plan review and/or Guide Plan review approved in connection with this Agreement,thus restoring the status of the Property before the Development Agreement and all approvals listed above were approved. V. Provisions of this Agreement shall be binding upon and enforceable against the Property and the Owners, their successors and assigns of the Property. VI. The Developer hereby irrevocably nominates, constitutes, and appoints and designates the City as its attorney-in-fact for the sole purpose and right to amend Exhibit A hereto to identify the legal description of the Property after platting thereof. VII. Developer represents that it has marketable fee title to the Property, except: INSERT ANY NAME/COMPANY LISTED IN ANY OWNER'S SUPPLEMENT TO THE DEVELOPER'S AGREEMENT) With respect to any interest in all portions of the Property which Developer is required, pursuant to this Agreement, to dedicate or convey to the City (the "Dedicated Property"), Developer represents and warrants as follows now and at the time of dedication or conveyance: A. That Developer has marketable fee title free and clear of all mortgages, liens, and other encumbrances. Prior to final plat approval,Developer shall provide to the City a current title insurance policy insuring such a condition of title. 17 Hampton Inn Development Agreement June 12, 2018 B. That Developer has not used, employed, deposited, stored, disposed of, placed or otherwise allowed to come in or on the Dedicated Property,any hazardous substance, hazardous waste, pollutant, or contaminant, including, but not limited to, those defined in or pursuant to 42 U.S.C. § 9601,et. seq.,or Minn. Stat., Sec. 115B.01,et. seq. (such substances, wastes, pollutants, and contaminants hereafter referred to as "Hazardous Substances"); C. That Developer has not allowed any other person to use, employ, deposit, store, dispose of,place or otherwise have,in or on the Property,any Hazardous Substances. D. That no previous owner, operator or possessor of the Property deposited, stored, disposed of, placed or otherwise allowed in or on the Property any hazardous substances. Developer agrees to indemnify, defend and hold harmless City, its successors and assigns, against any and all loss,costs,damage and expense,including reasonable attorneys fees and costs that the City incurs because of the breach of any of the above representations or warranties and/or resulting from or due to the release or threatened release of Hazardous Substances which were, or are claimed or alleged to have been,used, employed, deposited, stored, disposed of, placed, or otherwise located or allowed to be located, in or on the Dedicated Property by Developer, its employees, agents, contractors or representatives. VIII. Developer acknowledges that Developer is familiar with the requirements of Chapter 11, Zoning,and Chapter 12, Subdivision Regulations,of the City Code and other applicable City ordinances affecting the development of the Property. Developer agrees to develop the Property in accordance with the requirements of all applicable City Code requirements and City Ordinances. IX. Prior to release of the final plat,Developer shall pay to City fees for the first three(3)years' street lighting on the public streets adjacent to the Property(including installation costs, if any, as determined by electrical power provider), engineering review, and street signs. X. Developer shall submit detailed water main, fire protection, and emergency vehicle access plans to the Fire Marshal for review and approval. Developer shall follow all the recommendations of the Fire Marshal. XI. Developer acknowledges that the rights of City performance of obligations of Developer contemplated in this agreement are special, unique, and of an extraordinary character, and that, in the event that Developer violates, or fails, or refuses to perform any covenant, condition, or provision made herein, City may be without an adequate remedy at law. Developer agrees,therefore,that in the event Developer violates,fails,or refuses to perform any covenant, condition, or provision made herein, City may, at its option, institute and 18 Hampton Inn Development Agreement June 12, 2018 prosecute an action to specifically enforce such covenant, withhold building permits or rescind or revoke any approvals granted by the City. No remedy conferred in this agreement is intended to be exclusive and each shall be cumulative and shall be in addition to every other remedy. The election of anyone or more remedies shall not constitute a waiver of any other remedy. XII. Developer shall,prior to the commencement of any improvements,provide written notice to Comcast of the development contemplated by this Development Agreement. Notice shall be sent to Comcast Cable, 14404 Excelsior Blvd., Minnetonka, Minnesota 55305 or CenturyLink, 14200 Wayzata Blvd. Ste F., Minnetonka, MN 55305. XIII. Prior to building permit issuance,all fees associated with the building permit shall be paid to the Inspections Department,including;Building permit fee,plan check fee,State surcharge, metro system access charge(SAC),City SAC and City water access charge(WAC),and park dedication. Contact Metropolitan Waste Control to determine the number of SAC units. XIV. Prior to building permit issuance, except as otherwise authorized in the approved Plans, existing structures, wells and septic systems (if present) shall be properly abandoned or removed as required by City ordinance and all permits obtained through the Inspections Department. XV. Prior to building permit issuance,provide two copies of an approved survey or site plan(1"= 200 scale)showing proposed building location and all proposed streets,with approved street names, lot arrangements and property lines. XVI. The City shall not issue any building permit for the construction of any building,structure,or improvement on the Property until all requirements listed in this Exhibit C have been satisfactorily addressed by Developer. XVII. No failure of the City to comply with any term,condition,covenant or agreement herein shall subject the City to liability for any claim for damages, costs or other financial or pecuniary charges. No execution on any claim, demand, cause of action or judgment shall be levied upon or collected from the general credit, general fund or taxing powers of the City. XVIII. Prior to issuance of the first building permit for the Property, Developer shall permanently demarcate the location of the boundary of the conservation easement on each lot property line or corner with permanent four-foot tall posts. A 2 '/2 by 6 inch sign or decal reading "Scenic/Conservation Easement Boundary,City of Eden Prairie",will be affixed to the top of the post. XIX. Within 10 days of the approval of the Development Agreement,the Developer shall record the Development Agreement at the County Recorder and/or Registrar of Titles. The final plat shall not be released until proof of filing of the Development Agreement is submitted to 19 Hampton Inn Development Agreement June 12, 2018 the City. XX. The City is hereby granted the option, but not the obligation, to complete or cause completion in whole or part of all of the Developer's obligations under this Agreement for which a bond, letter of credit, cash deposit or other security(hereinafter referred to as the "Security")is required if the Developer defaults with respect to any term or condition in this Agreement for which Security is required and fails to cure such default(s) within ten (10) days after receipt of written notice thereof from the City;provided however if the nature of the cure is such that it is not possible to complete the cure within ten (10) days, it shall be sufficient if the Developer has initiated and is diligently pursuing such cure. The Developer acknowledges that the City does not assume any obligations or duties of the Developer with respect to any such contract agreements unless the City shall agree in writing to do so. The City may draw down on or make a claim against the Security,as appropriate,upon five (5)business days notice to the Developer,for any violation of the terms of this Agreement or if the Security is allowed to lapse prior to the end of the required term. If the obligations for which Security is required are not completed at least thirty(30)days prior to the expiration of the Security and if the Security has not then been renewed,replaced or otherwise extended beyond the expiration date, the City may also draw down or make a claim against the Security as appropriate. If the Security is drawn down on or a claim is made against the Security, the proceeds shall be used to cure the default(s) and to reimburse the City for all costs and expenses, including attorneys' fee, incurred by the City in enforcing this Agreement. XXI. The Developer hereby grants the City, it's agents, employees, officers and contractors a license to enter the Property to perform all work and inspections deemed appropriate by the City in conjunction with this Agreement. XXII. This Agreement is a contract agreement between the City and the Developer. No provision of this Agreement inures to the benefit of any third person,including the public at large,so as to constitute any such person as a third-party beneficiary of the Agreement or of any one or more of the terms hereof, or otherwise give rise to any cause of action for any person not a party hereto. XXIII. Except as specifically authorized by the Director of Public Works,no permit shall be issued for the Property until the Developer has recorded the final plat with Hennepin County Recorder's Office/Registrar of Titles' Office. XVII. Developer shall pay upon demand to the City all costs incurred by the City in conjunction with the Applications. These costs include internal City administrative, planning and, engineering costs and consulting costs, including but not limited to legal, engineering, planning and financial, in review, investigation, administering and processing the Applications and implementation of the approvals granted by the City. 20 Hampton Inn Development Agreement June 12, 2018 EXHIBIT D - HAMPTON INN DEVELOPMENT AGREEMENT TRAIL EASEMENT ("Grantor")hereby grants and conveys this day of , 2018, to City of Eden Prairie ("Grantee") an easement ("Easement") for the following uses and purposes and subject to the following terms and conditions on, over, under, and across under real property in the County of Hennepin, State of Minnesota,described in Exhibit A attached and made a part hereof. ("Easement Parcel") 1. Uses and Purposes. The Easement shall be for the following purposes and uses of the Easement parcel: A. To construct, maintain and replace a trail; B. For travel by the public, on foot, and in or on non-motorized vehicles, including but not limited to, bicycles, skis, strollers, and skates; C. For travel by the public in or on motorized vehicles authorized by Grantee; D. To remove, cut and trim trees, shrubs and vegetation. 2. Nonexclusive. The Easement shall be nonexclusive,provided however, the Easement shall be paramount and superior to any other easement. Any other easement shall be subject and subordinate to, and shall not interfere with, the Easement without the consent, in writing, of Grantee. 3. Duration of Easement. The Easement shall be perpetual, shall run with the land and shall be binding upon Grantor and Grantor's heirs, successors and assigns and shall be for the benefit of Grantee, its successors and assigns. 4. Grantor covenants that Grantor is the record Fee Owner of the Easement Parcel, holds the legal and equitable title thereto, free and clear of all mortgages, liens and encumbrances, except the holder(s) of which has/have agreed in writing to the Easement pursuant to the attached consent(s) and has lawful right and authority without restriction to grant and convey the Easement. 21 Hampton Inn Development Agreement June 12, 2018 IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. CITY OF EDEN PRAIRIE By NOT TO BE SIGNED Nancy Tyra-Lukens Its Mayor By NOT TO BE SIGNED Rick Getschow Its City Manager STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2018, by Nancy Tyra-Lukens and Rick Getschow,respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. Notary Public 22 Hampton Inn Development Agreement June 12, 2018 D & T EDEN PRAIRIE, LLC By NOT TO BE SIGNED Its NOT TO BE SIGNED STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2018,by the , of D & T Eden Prairie LLC , a Minnesota limited liability company, on behalf of the company. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 23 Hampton Inn Development Agreement June 12, 2018 EXHIBIT E DEVELOPMENT AGREEMENT — HAMPTON INN CONSERVATION/SCENIC EASEMENT Project name: THIS EASEMENT AGREEMENT is made this day of , 2018, by and between D & T Eden Prairie LLC, hereinafter referred to as "Grantor," and the CITY OF EDEN PRAIRIE, a Minnesota municipal corporation, hereinafter referred to as "City"; WHEREAS,Grantor is the fee owner of land located in Hennepin County,Minnesota,more fully described in Exhibit A, attached hereto and made a part hereof, and said land hereinafter referred to as "the Property"; and, WHEREAS, Grantor has marketable title to the Property, free and clear of all liens, mortgage, and encumbrances, except: WHEREAS, Grantor and City wish to enter into an agreement which will grant to City a conservancy/scenic easement for conservation and preservation of the terrain and vegetation,and to prohibit certain destructive acts thereon,over that portion of the Property as described in Exhibit B, hereinafter referred to as the "Easement Area, attached hereto; NOW,THEREFORE,in consideration of the premises contained herein,it is agreed by the parties as follows: 1. Grantor hereby conveys to City and its successors and assigns a conservation and scenic easement in,under, on, and over the Easement Area and City hereby accepts such conveyance. 2. The following terms and conditions shall apply to the Easement Area: A. The Easement Area shall be preserved predominantly in its natural condition. No trees, shrubs, or other vegetation shall be planted or removed from the Easement Area without the prior written consent of the City. The City will consider removal of noxious weeds, as defined by Minnesota Statutes Sections 18.76-18.88, upon submission and approval of a Vegetation Management Plan. No vegetation cutting,fertilizer application or placement of turfgrass, such as Kentucky bluegrass, shall occur within the Easement Area. 24 Hampton Inn Development Agreement June 12, 2018 B. No building,road,sign,billboard,utility,or other structure shall be placed in the Easement Area without the prior written consent of City. C. No trash, waste, or other offensive material, soil, or landfill shall be placed upon or within the Easement Area without the prior written consent of the City. D. No change in the general topography of the Easement Area landscape, including,but not limited,to excavation, dredging,movement, and removal or placement of soil, shall be allowed within the Easement Area without the prior written consent of the City. 3. With respect to the Easement Area, Grantor represents and warrants as follows: A. That Grantor has marketable title free and clear of all liens, encumbrances and mortgages. B. That Grantor has not used, employed,deposited, stored,disposed of, placed or otherwise allowed to come in or on the Easement Area,any hazardous substance, hazardous waste, pollutant, or contaminant, including, but not limited to, those defined in or pursuant to 42 U.S.C. § 9601, et. seq., or Minn. Stat., Sec. 115B.01, et. seq. (such substances,wastes,pollutants,and contaminants hereafter referred to as "Hazardous Substances"); C. That Grantor has not allowed any other person to use, employ, deposit, store, dispose of, place or otherwise have, in or on the Easement Area, any Hazardous Substances; D. That no previous owner, operator or possessor of the easement area, deposited, stored, disposed of,placed, or otherwise allowed in or on the Easement Area any Hazardous Substances; Grantor agrees to indemnify,defend and hold harmless City,against any and all loss, costs, damage and expense, including reasonable attorney's fees and costs that City incurs because of the breach of any of the above representations or warranties and/or resulting from or due to the inaccuracy or falsity of any representation or warranty herein. 4. Grantor agrees to permanently demarcate the location of the boundary of the conservation easement on each lot property line or corner, as shown on Exhibit C. The monuments shall be permanent steel channel posts that are a minimum of 2.25 inches wide 25 Hampton Inn Development Agreement June 12, 2018 and 6 feet 6 inches long (2.25" x 6.5'). The sign shall be a minimum of 2 1/2 by 6 inches (2.5" x 6") that shall be mounted flush with the top of the post and shall include the statement"Scenic/Conservation Easement Boundary, City of Eden Prairie". The post shall be mounted to a height of four feet above grade and at least 2.5 feet in the ground. Removal of the monuments is not allowed 5. Grantor agrees to maintain the Easement Area subject to the provisions stated herein. 6. The duration of this easement is perpetual and shall bind and inure to the benefit of the parties, their successors, and assigns. 7. Nothing contained herein shall impair any right of City now held or hereafter acquired to construct or maintain public utilities in or on the Easement Area. 8. Provisions of this Easement shall be binding upon and enforceable against the Property and the Grantor, their successors and assigns of the Property. 26 Hampton Inn Development Agreement June 12, 2018 IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. GRANTOR CITY OF EDEN PRAIRIE NOT TO BE SIGNED By NOT TO BE SIGNED Nancy Tyra-Lukens Its Mayor NOT TO BE SIGNED By NOT TO BE SIGNED Rick Getschow Its City Manager STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2018, by Nancy Tyra-Lukens and Rick Getschow,respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. Notary Public STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2018, by ,the , of D & T Eden Prairie LLC, a Minnesota limited liability company, on behalf of the company. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 27 Hampton Inn Development Agreement June 12, 2018 EXHIBIT A "THE PROPERTY" Legal Description 28 Hampton Inn Development Agreement June 12, 2018 EXHIBIT B "EASEMENT AREA" Legal Description 29 Hampton Inn Development Agreement June 12, 2018 EXHIBIT F DEVELOPMENT AGREEMENT - HAMPTON INN ORIGINAL DEVELOPMENT AGREEMENT 30 Hampton Inn Development Agreement June 12, 2018 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar June 12, 2018 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 14-5868 ITEM NO.: Leslie Stovring Approve Second Reading of an Ordinance VIII.C. Public Works/Engineering Amending City Code Section 9.60, Regulation of Use of Lake Waters Generally Requested Action Move to: Approve Second Reading of an Ordinance Amending City Code Section 9.60 relating to Regulation of Use of Lake Waters Generally and adopt Summary Resolution for Publication. Synopsis City Code Section 9.60 is being amended to include addition of Slow-No Wake restrictions for Bryant and Staring Lakes;provisions for the City Manager to adopt a 30-day slow-no wake restriction for any lake; allowance of small electric motors on Duck Lake; and general updates to bring the section into compliance with state requirements. Background Information The first reading for the Ordinance was on May 15,2018. No changes were made to the ordinance since that time. Attachments Summary Resolution Ordinance Summary City Code Section 9.60 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2018- A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO._-2018 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. _-2018 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie held on the 12th day of June, 2018. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, THAT THE CITY COUNCIL FINDS, DETERMINES, AND ORDERS AS FOLLOWS: A. Ordinance No. is lengthy. B. The text of summary of Ordinance _-2018, attached hereto as Exhibit A, conforms to M.S. § 331A.01, Subd. 10, and is approved, and publication of the title and summary of the Ordinance will clearly inform the public of the intent and effect of the Ordinance. C. The title and summary shall be published once in the Eden Prairie News in a body type no smaller than brevier or eight-point type. D. A printed copy of the Ordinance shall be made available for inspection by any person, during regular office hours, at the office of the City Clerk, and a copy of the entire text of the Ordinance shall be posted in the City offices. E. Ordinance -2018 shall be recorded in the Ordinance Book, along with proof of publication, within twenty(20) days after said publication. ADOPTED by the City Council on June 12, 2018. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk EXHIBIT A CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. -2018 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE CHAPTER 11 BY AMENDING SECTION 9.60 RELATING TO REGULATION OF USE OF LAKE WATERS GENERALLY; 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: The following is only a summary of Ordinance No. _-2018. The full text is available for public inspection by any person during regular office hours at the Office of the City Clerk. SUMMARY: The Ordinance amends City Code Section 9.60 which establishes regulations for use of surface waters. The proposed revision includes addition of Slow-No Wake restrictions for Bryant and Staring Lakes; provisions for the City Manager to adopt a 30-day slow-no wake restriction for any lake; allowance of small electric motors on Duck Lake; and general updates to bring the section up to date with current state requirements. This Ordinance incorporates, by reference, City Code Chapter 1 and City Code Section 11.99, which contain provisions relating to penalties. EFFECTIVE DATE. This Ordinance shall take effect upon publication. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on . CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. -2018 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 9 RELATING TO THE USE OF LAKE WATERS AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 9.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA ORDAINS: Section 1.City Code Chapter 9, Section 9.60,is hereby amended by deleting Section 9.60 in its entirety and replacing it with the following: SECTION 9.60. REGULATION OF USE OF LAKE WATERS GENERALLY. Subd. 1.Definitions. The following terms, as used in this Section, shall have the meanings stated: A. "Mooring" - Any buoy, post, structure, or other device at which a watercraft may be moored and which is surrounded by navigable water. B. "Motorboat" — A watercraft propelled in any manner by machinery, including watercraft temporarily equipped with detachable motors. C. "Operate"—To navigate or otherwise use a watercraft. D. "Personal Watercraft" — A motorboat that: (1) is powered by an inboard motor powering a water jet pump or by an outboard or propeller-driving motor; and(2)is designed to be operated by a person or persons sitting,standing,or kneeling on the craft,rather than in the conventional manner of sitting or standing inside a motorboat. E. "Riparian" — Land adjacent to Natural Development Waters and Recreational Development Waters as identified in City Code Section 11.50, subd. 7. F. "Slow-No Wake" — Operation of a watercraft at the slowest possible speed necessary to maintain steerage,but in no case greater than five (5)miles per hour. G. "Structure"—Any building,footing,foundation,slab,roof,boathouse,deck,wall,dock,bridge, culvert, or any other object extending over or under, anchored to, floating over or attached to the bed or bank of a public water. A structure includes water-oriented accessory structures as defined in Section 11.50 Subd. 4. H. "Structure,Dock"-Any wharf,pier,or other structure constructed or maintained in the lake or located above the surface of public water,whether floating or not,including all"L's"or"T's", or post which may be a part thereof, whether affixed or adjacent to the principle structure. J. "Structure, Slip" — A structure designed solely to secure a watercraft in the water for the purpose of protecting it from damage from sun,wind,storm,or rain. The term does not include boathouses, decks, dock covers, watercraft lifts, or similar structures. K. "Structure, Temporary" — Any dock, floating structure, watercraft lift, watercraft canopy, or other structure that can be removed from public waters by skidding intact or by disassembly with hand tools. L. "Watercraft" — Any contrivance used or designed for navigation on water, except: (1) a waterfowl boat used during the waterfowl hunting season; (2) a rice boat during the harvest season; or (3) a seaplane. A watercraft includes a "personal watercraft" as defined in this Section. M. "Watercraft Cover"—A structure or device with a fabric covered roof and without walls or a floor that is placed on the bed of a public water, that is designed solely to shelter watercraft, and is designed and constructed so that all components may be removed from the lake or stream bed on a seasonal basis by skidding intact or by disassembly with hand tools. N. "Watercraft Lift" — A structure or device without walls that is placed on the bed of a public water, is designed to lift watercraft above the level of the public water when not in use, and is designed and constructed so that all components may be removed from the lake or stream bed on a seasonal basis by skidding intact or by disassembly with hand tools.A watercraft lift may be designed to include a fabric covered roof. O. "Water-Related Storage Container"—A container that is used solely for the storage of water- related boating and sporting equipment. Subd.2.Nuisances Prohibited. It is unlawful for any person to commit or maintain a public nuisance in or upon the waters of any lake or other body of water located within the City; and no person shall let, permit, or enable any other person to use any watercraft, dock, structure, or portion thereof in a manner that constitutes a public nuisance. It is also unlawful for any person to willfully prevent,hinder, or oppose or obstruct a public official in the performance of his or her duty in carrying out the provisions of this Section or in removing or abating a public nuisance. In addition to imposing the penalties specified in Section 9.99, the City may exercise any remedy available at law or in equity to abate,enjoin,or otherwise compel the cessation of such public nuisance and shall be entitled to recover its costs and expenses, including reasonable attorney fees, so incurred. Subd. 3. Nuisances Defined. A public nuisance consists in doing or omitting to perform one or more of the following: A. Injure or endanger the safety,health, or comfort of the public; B. Offend public decency; C. Unlawfully interfere with, obstruct, or tend to obstruct or render dangerous for use or passage a lake or other body of water; D. Cause the depositing or littering of refuse or waste or other deleterious,poisonous or injurious substance upon water or ice of any lake or other body of water; E. Cause the depositing of sewage into lake waters; F. Cause the erection or maintenance of any dock or structure which interferes with, obstructs, or tends to obstruct or render dangerous for use the waters of any lake; or G. Cause the erection or maintenance of any sign on or in a lake or other body of water, unless installed by the City, County or the State for purposes of public safety. Subd.4.Equipment and Operation. The provisions and requirements of Minnesota Statutes Chapter 86B ("Chapter 86B") and Minnesota Rules Chapter 6110 ("Chapter 6110"), as amended from time to time, are incorporated herein by reference. A. No person shall equip or operate a watercraft or personal watercraft within the City unless in compliance with the requirements of Chapter 86B and Chapter 6110,including but not limited to requirements relating to lighting equipment, personal flotation devices, sound-producing devices,youth operators, and the operation of personal watercraft. B. No person shall anchor or operate a watercraft within one hundred(100) feet of a ski jump or buoys used as markers for a water ski course during such times as the water ski course or jump are in use by water skiers.This prohibition shall not apply to the person operating the watercraft that is pulling the water skiers using the water ski course or jump. Subd. 5. Towing Person on Water Skis or other Device. No person shall operate a watercraft or personal watercraft towing one (1) or more persons on water skis, wakeboard, kneeboard, inflatable craft, aquaplane, surfboard, saucer, or similar device except in compliance with Chapter 86B and Chapter 6110 and with these additional requirements: A. No person shall operate a motorboat or personal watercraft when towing a person such that the motorboat or personal watercraft comes within one hundred fifty (150) feet of any swimmer, swimming area, diver's warning flag, raft, watercraft, dock structure, slip structure, or other structure. B. No person shall tow or be towed into or through a marked channel connecting two (2) bodies of water. Subd.6. Swimming in Channels.No person shall swim in a channel; or jump or dive from a channel bridge or dam. Subd. 7. Structures Located in Public Waters. A. The placement, size, and location of any structures in public waters, including but not limited to dock structures,watercraft lifts,slip structures,platforms,marinas and temporary structures, shall be in compliance with the rules and general permit requirements of the Minnesota Department of Natural Resources (DNR), including but not limited to Minnesota Rules 6115.0210 and 6115.0211 and DNR General Permit 2008-0401, as the same may be amended from time to time. B. Structures Not to Obstruct. No structure shall be so located as to obstruct a navigable channel, or so as to obstruct reasonable access to any other structure authorized under this Section. C. Prohibited Structures. The following may not be erected in, on, or over public waters: (1) any structure used for the storage of materials or items other than watercraft; or (2) any structure above the horizontal plane of a dock except water-related storage containers that are equal to or less than 3 feet in height and 65 cubic feet in total volume, watercraft lifts and watercraft covers. D. Multiple Dock Structures Prohibited. Only one dock structure is allowed per abutting riparian lot. Riparian lots owned by the City or other public entities are exempt from this prohibition. Subd. 8. Slow-No Wake Restrictions A. Notwithstanding any other provision of this Section relating to the speed of watercraft operation, no person shall operate a watercraft at greater than slow-no wake speed on the following lakes at any time when the water level exceeds the following elevation: Lake Water Level at Which Slow-No Wake Restriction Applies Bryant Lake (27006700) Ordinary High Water Level of 852.6 Staring Lake (27007800) 100 Year Flood Elevation of 817.0 Such restriction shall become effective upon posting notice of the same at Eden Prairie City Hall. All public watercraft accesses shall be posted prior to and during the time restrictions are in place. B. The Public Works Director shall remove a slow-no wake speed restriction when the water level has remained below the following elevation for three(3) consecutive days. Water Level at Which Slow-No Lake Wake Restriction No Longer Applies Bryant Lake (27006700) 852.5 Staring Lake (27007800) 816.9 C. It shall be the responsibility of the City to provide for adequate notification of the public of a slow-no wake restriction, which shall include placement of a sign at each public watercraft access outlining essential elements of the slow-no wake restriction,as well as the placement of buoys and signs as needed. Notice of said restrictions shall also be posted at the Eden Prairie City Hall and on the City's website. D. The restrictions in subdivision 8.A shall not apply to a seaplane during take-off or landing. F. Notwithstanding any other provision of this subdivision 8, the City Manager or his designee may adopt a slow-no wake restriction for any lake in the City for a period of not more than 30 days in situations of local emergency,pursuant to Minnesota Rule 6110.3700, subpart 9. Subd. 9.Lake-Specific Regulations A. Bryant Lake. No person shall operate a watercraft on Bryant Lake in excess of fifteen (15) miles per hour from noon until 6:00 p.m. on Sundays from Memorial Day weekend through Labor Day. No person shall tow one (1) or more persons behind a water craft on water skis, aquaplane, surfboard, saucer, inner tube or similar device on Bryant Lake unless two (2) competent persons are on the watercraft. The driver of such watercraft must watch where the watercraft is being driven at all times. The second person on board the watercraft shall be an observer and shall watch the person or persons being towed at all times. B. Duck Lake. It is unlawful to operate any watercraft,vessel,boat or other motorized vehicle on Duck Lake except for motorboats with an electric motor that travel no more than three(3)miles per hour(mph). C. Mitchell Lake. It is unlawful to operate any watercraft,vessel, or boat on Mitchell Lake with a motor except one (1)motor of ten(10) or less horsepower. D. Red Rock Lake.It is unlawful to operate any watercraft,vessel,or boat on Red Rock Lake with a motor except one (1)motor of ten(10) or less horsepower. E. Riley Lake. A slow, no-wake zone extending one hundred fifty (150) feet from Riley Lake Park and eight hundred (800) feet in length shall be designated and marked with necessary buoys and signs. Watercraft shall operate in the slow, no-wake zone at the slowest possible speed necessary to maintain steerage and in no case greater than five (5)miles per hour. A water skier pick-up and drop-off area seven hundred(700) feet in length shall be designated on City land and adjacent water south of the swim area and marked with necessary buoys and signs. No person shall operate a watercraft to pick up or drop off a person being towed by the watercraft except in the designated pick-up and drop-off area. A sign shall be constructed at each public waterfront facility on Riley Lake clearly designating the slow,no-wake zone and water skier pick-up and drop-off zone. Each zone will be marked with necessary buoys and signs. F. Round Lake. It is unlawful to launch or operate a motorboat on Round Lake except for (1) boats powered by electric motors and (2) excursion boats owned and operated by the City of Eden Prairie. G. Smetana Lake. It is unlawful to launch or operate a motorboat on Smetana Lake except for(1) boats powered by electric motors and (2) excursion boats owned and operated by the City of Eden Prairie. Subd. 10.Exemptions. A. All resource management personnel who have been authorized by the City or by the DNR, emergency personnel, and enforcement personnel, while acting in the performance of their assigned duties, are exempt from the restrictions set forth in this Section. B. Surface Water Use Exemption Permits. 1. A temporary exemption from the surface water use restrictions set forth in this Section may be permitted by obtaining a surface water use exemption permit from the City. To qualify for a surface water use exemption permit, an application must be filed with the Director of Public Works("Director"). The permit application shall be made on a form supplied by the City and shall include: the name and address of the applicant, the activity for which the exemption is requested, the reason the exemption is necessary, the organization or persons being exempted, the location, date, and time of the requested exemption, and any other information which the Director shall find reasonably necessary for determination as to whether a surface water use exemption permit should be issued. The Director may issue a permit when he or she determines that: a. No other event or activity is scheduled for the particular body of water and for the duration for which the proposed activity is requested. b. The proposed activity will not interfere with or detract from the safety of other users of the body of water for which the exemption is requested. c. The proposed activity will not entail unusual, extraordinary, or burdensome expense for law enforcement protection. d. The applicant has paid such fees as shall be prescribed by the Council from time to time by resolution. e. The proposed activity will not be contrary to state law or DNR rules governing surface water use. 2. The Director may impose reasonable conditions on any permit to ensure that the activity meets the above criteria. Any person aggrieved by the denial of an application for a surface water use permit may appeal in writing to the City Manager. 3. No surface water use permit from the City shall be required for any event which requires a permit from the county sheriff pursuant to Minn. Stat. §86B.121, including any scheduled or public race or regatta,tournament or other competition or exhibition, or trial race on water or ice,whether or not involving watercraft. Subd. 11. Enforcement. The enforcement of this Section shall be the primary responsibility of the Hennepin County Sheriffs Office. Other licensed peace officers, including conservation officers of the Minnesota Department of Natural Resources, are also authorized to enforce the provisions of this Section. Subd. 12. Penalties. Any person who violates any provisions of this Section shall be guilty of a misdemeanor as provided in Section 9.99. Section 2. City Code Chapter 9, Sections 9.61, 9.62, 9.63, 9.64, 9.65, 9.66, 9.67, and 9.68 are hereby deleted in their entirety. Section 3. City Code Chapter 1 entitled"General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 9.99 entitled "Violation a Misdemeanor or Petty Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 4. This ordinance shall be in effect from and after the date of its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the _day of , 2018, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the_day of June, 2018. Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor Published in the Eden Prairie News on the day of June, 2018. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar June 12, 2018 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Administration, Paul Sticha, 2018 Asphalt Repair VIII.D. Facilities Requested Action Move to: Award the contract for asphalt parking lot repairs to Minnesota Roadways. Synopsis Base Bid Alternate 1 Total Allied Blacktop $71,617 $10,496 $82,113 Midwest Asphalt $73,300 $10,600 $83,900 MN Roadways $56,986 $10,105 $67,091 Background Request for Proposals was developed by Facilities staff with assistance from Public Works staff. Facilities staff solicited quotes from the three contractors listed above. Several buildings were included in the RFP including several add alternates. A summary of the project costs at each building, including alternates is attached. Staff recommends accepting the base bid and Alt 1 from MN Roadways. Attachments Responsible Contractor Verification Construction Contract Exhibit A, MN Roadways Scope of Work Responsible Contractor-Verification I am an owner or officer of Minnesota Roadways aflame of bidder] ("Bidder"). I hereby verify that Bidder is in compliance with the minimum criteria required of a "responsible contractor" as that term is defined in Minnesota Statutes § 16C.285, subdivision 3, and'as explained in the attached document entitled "Responsible Contractor Requirement." I further agree that Bidder has received a signed statement under oath from each subcontractor and motor carrier that Bidder intends to use to perform work on the project verifying that the subcontractor and motor carrier meets the minimum criteria under Minn, Stat. § I6C.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: Gopher State Sealepat Jake Services 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 31st day of May ,20 18 ' I 444 By: Tom Underdahi [printed name] • President [title] of Minnesota Roadways Co. [name of bidder] STATE OF MINNESOTA ) ) ss. COUNTY OF Scott ) • Signed and sworn to before me on May 31st . , 20 18, by Pamela E. Kline PAMELA E.KLINE Notary Pudic Rate of Minnesota Notary Public 1Si"' My'commissionExpires 1/31/2019 2017 06 01 Construction Contract This Contract ("Contract") is made on the 12th day of June, 2018, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Minnesota Roadways Company, a Minnesota Corporation (hereinafter "Contractor") whose business address is 4370 Valley Industrial Boulevard, Shakopee, MN 55379. . Preliminary Statement The City has adopted a policy regarding the selection and hiring of contractors to provide a variety of services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Contract is to set forth the terms and conditions for the provision of services by Contractor for 2018 Asphalt Parking Lot Repairs, 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 September 30, 2018. 3. Compensation for Services. City agrees to pay the Contractor a fixed sum of $56,986.00 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 Standard Construction Contract 2007 06 01 Page 2 of 13 limitation, for any injuries, loss, or damages proximately caused by Contractor's breach of this standard of care. Contractor shall put forth reasonable efforts to complete its duties in a timely manner. Contractor shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Contract. Contractor shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 6. Project Manager and Staffing. The Contractor shall designated a Project Manager and notify the City in writing of the identity of the Project Manager before starting work on the Project. The Project Manager shall be assisted by other staff members as necessary to facilitate the 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 Standard Construction Contract 2007 06 01 Page 3 of 13 City and so as to not interfere with or in any way disrupt the operation of the City or the public. The corrective Work referred to above shall include without limitation, (a) the cost of removing the defective or nonconforming Work and materials from the site, (b) the cost of correcting all Work of other Contractors destroyed or damaged by defective or nonconforming Work and materials including the cost of removal of such damaged Work and materials form the site, and (c) the cost of correcting all damages to Work of other Contractors caused by the removal of the defective or nonconforming Work or materials. The Contractor shall post bonds to secure the warranties. 10.Private Property. The Contractor shall not enter upon private property for any purpose without having previously obtained permission from the City. The Contractor shall be responsible for the preservation of, and shall use every precaution to prevent damage to all trees, shrubbery, plants, lawns, fences, culverts, bridges, pavements, driveways, sidewalks, etc.; all water, sewer and gas 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 Standard Construction Contract 2007 06 01 Page 4 of 13 deficiencies. In such case an appropriate Change Order shall be issued deducting from the payment then or thereafter due the Contractor the cost of correcting such deficiencies. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the City. 14.City's Right to Terminate Contract and Complete the Work. The City has the right to terminate this Contract for any of the following reasons: a. The Contractor is adjudged bankrupt, makes a general assignment for the benefit of creditors, or becomes insolvent; b. Failure of Contractor to supply adequate properly skilled workmen or proper materials; c. Failure of Contractor to make prompt payment to subcontractor for material or labor; d. Any disregard of laws, ordinances or proper instructions of the City; e. Assignment or work without permission of the City; f. Abandonment of the work by Contractor; g. Failure to meet the work progress schedule set forth in this Contract; h. Unnecessary delay which, in the judgment of the City, will result in the work not being completed in the prescribed time. Termination of the Contract shall be preceded by ten (10) days written notice by the City to the Contractor and its surety stating the grounds for termination and the measures, if any, which must be taken to assure compliance with the Contract. The Contract shall be terminated at the expiration of such ten (10) day period unless the City Council shall withdraw its notice of termination. Upon termination of the Contract by the City, the City may, without prejudice to any other remedy the City may have, take possession of the site and of all materials, equipment, tools, construction equipment and machinery thereon owned by the Contractor and may finish the Work by whatever methods the City may deem expedient at the Contractor's expense. Upon Contract termination, the Contractor shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the contract price exceeds the expense of finishing the Work, including compensation for additional managerial and administrative services, the excess shall be paid to the Contractor. If such expense exceeds the unpaid balance, the Contractor shall pay the difference to the City. Standard Construction Contract 2007 06 01 Page 5 of 13 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. Not required. 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 Standard Construction Contract 2007 06 01 Page 6 of 13 and motor carrier with which it has a direct contractual relationship and shall submit to the City a supplemental verification confirming the subcontractor's and motor carrier's compliance with subdivision 3, clause (7), within 14 days of retaining the additional subcontractors or motor carriers. Contractor shall submit to the City upon request copies of the signed verifications of compliance from all subcontractors and motor carriers of any tier pursuant to Minn. Stat. § 16C.285, subd. 3(7). A false statement under oath, by Contractor, subcontractor, or motor carrier, verifying compliance with any of the minimum criteria may result in termination of the Contract. 19.Independent Contractor. Contractor is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Contract, who shall be employees, and under the direction, of Contractor and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Contractor an employee of the City. 20.Insurance. a. General Liability. Prior to starting the Work, Contractor shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Contractor or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, required by law, or the insurance coverage actually obtained by Contractor, whichever is greater. b. Contractor shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: 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 Standard Construction Contract 2007 06 01 Page 7 of 13 Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. d. Contractor shall maintain "stop gap" coverage if Contractor obtains Workers' Compensation coverage from any state fund if Employer's liability coverage is not available. e. All policies, except the Worker's Compensation Policy, shall name the "City of Eden Prairie" as an additional insured. f. All policies, except Worker's Compensation Policy, and Professional Liability Policy, shall name the "City of Eden Prairie" as an additional insured including products and completed operations. g. All polices shall contain a waiver of subrogation in favor of the City. h. All General Liability policies, Automobile Liability policies, and Umbrella policies shall contain a waiver of subrogation in favor of the City. i. All polices, except the Worker's Compensation Policy, shall insure the defense and indemnity obligations assumed by Contractor under this Contract. j. Contractor agrees to maintain all coverage required herein throughout the term of the Contract and for a minimum of two (2) years following City's written acceptance of the Work. k. It shall be Contractor's responsibility to pay any retention or deductible for the coverage's required herein. I. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications Standard Construction Contract 2007 06 01 Page 8 of 13 added, without thirty (30) days' prior notice to the City, except that if the cancellation or non-renewal is due to non-payment, the coverages may not be terminated or non-renewed without ten (10) days' prior notice to the City. m. Contractor shall maintain in effect all insurance coverages required under this Paragraph at Contractor's sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. n. A copy of the Contractor's Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Contractor's Work. Upon request a copy of the Contractor's insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Contractor has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Contractor of any deficiencies in such documents and receipt thereof shall not relieve Contractor from, nor be deemed a waiver of, City's right to enforce the terms of Contractor's obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. o. Effect of Contractor's Failure to Provide Insurance. If Contractor fails to provide the specified insurance, then Contractor will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Contractor, its subcontractors, agents, employees or delegates. Contractor agrees that this indemnity shall be construed and applied in favor of indemnification. Contractor also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Contractor to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or Standard Construction Contract 2007 06 01 Page 9 of 13 ii. Furnish a written acceptance of tender of defense and indemnity from Contractor's insurance company. Contractor will take the action required by the City within fifteen (15) days of receiving notice from the City. 21.Indemnification. Contractor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney's fees paid, incurred or for which it may be liable resulting from any breach of this Contract by Contractor, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Contractor, its agents, contractors and employees, relative to this Contract. City will indemnify and hold Contractor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 22.Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Contract ("Information") shall become the property of the City, but Contractor may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Contractor also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Contract does not relieve any liability on the part of the Contractor, but any use of the Information by the City or the Contractor beyond the scope of this Contract is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 23.Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. GENERAL TERMS AND CONDITIONS Standard Construction Contract 2007 06 01 Page 10 of 13 24. Assignment. Neither party shall assign this Contract, nor any interest arising herein, without the written consent of the other party. 25. Compliance with Laws and Regulations. In providing services hereunder, the Contractor shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Contract and entitle the City to immediately terminate this Contract. 26. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Contract. The violation of this provision renders the Contract void. 27. Counterparts. This Contract may be executed in multiple counterparts, each of which shall be considered an original. 28. Damages. In the event of a breach of this Contract by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 29. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to termination of this Contract and for one (1) year thereafter, without prior written consent of the former employer in each case. 30. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Contract or thereafter of any of the rights or remedies of the City under this Contract. 31. Entire Contract, Construction, Application and Interpretation. This Contract is in furtherance of the City's public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 32. Governing Law. This Contract shall be controlled by the laws of the State of Minnesota. Standard Construction Contract 2007 06 01 Page 11 of 13 33. Non-Discrimination. During the performance of this Contract, the Contractor shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Contractor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Contractor shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Contractor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 34. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Contract if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 35. Rights and Remedies. The duties and obligations imposed by this Contract and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 36. Services Not Provided For. No claim for services furnished by the Contractor not specifically provided for herein shall be honored by the City. 37. Severability. The provisions of this Contract are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Contract. 38. Statutory Provisions. a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the Contractor or other parties relevant to this Contract are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Contract. Standard Construction Contract 2007 06 01 Page 12 of 13 b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Contractor under this Contract which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. This Contract is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Contractor in performing any of the functions of the City during performance of this Contract is subject to the requirements of the Data Practice Act and Contractor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Contractor in relation to this Contract shall contain similar Data Practices Act compliance language. 39. Waiver. Any waiver by either party of a breach of any provisions of this Contract shall not affect, in any respect, the validity of the remainder of this Contract. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Nancy Tyra-Lukens, Its Mayor Rick Getschow, Its City Manager MINNESOTA ROADWAYS COMPANY Tom Underdahl, Its President Standard Construction Contract 2007 06 01 Page 13 of 13 Exhibit A , ,ii.411161ESOTA PROPOSAL OADWAYS CO. Proposal#: 102969 4370 Valley Industrial Blvd.So. Proposal Date:05/31/2018 Shakopee,MN 55379 Phone: 952-496-2651 Page :1 Fax:952-496-2522 Submitted To: City of Eden Prairie Project: Fire Station 1 8080 Mitchell Rd Eden Prairie MN 55344 14800 Scenic Heights Road Eden Prairie MN 55344 Client# : 1323 Attention: Joan Karst Project#: 13078 Phone: (952) 949-8493 Project Estimator: Toni Underdahl Fax: Cell: Description Unit Quantity Price Asphalt Replacement with Two Lifts of Asphalt Paving SY 1,275.00 $29,325.00 a. Mill/reclaim existing asphalt surfaces. b. Grade reclaimed areas to maximize drainage and compact all base material. c. Pave all areas with 2"of compacted depth MN DOT SPNWB240B specification hot asphalt base course mix. d. Tackcoat surface with hot liquid asphalt. e. Pave all areas with an additional 2"of compacted depth MN DOT SPWEA230B specification hot asphalt wear course mix, Restripe All Parking Stalls &Pavement Markings LS 1.00 $300.00 CONTRACT&AUTHORIZATION TO PROCEED This proposal may be withdrawn by us If not accepted within 15 days. Please see all attachments for information&conditions that pertain to this All material is guaranteed to be as specified.All work is to be compleled proposal. It is the responsibility of the Owner/Representative to be familiar in a workmanlike manner according to standard practices.Any alteration with any and all terms&conditions of this agreement. By signing this proposal or deviation from specifications included In this proposal involving extra along with the terms&conditions page, you hereby authorize Minnesota cost will become an extra charge over and above the estimate. Roadways Co.to proceed with the work indentitied in this agreement. NO WORK will be scheduled until Minnesota Roadways Co. receives the Contractor to carry necessary Insurance,including workman compensation insurance. signed proposal along with the signed terms&conditions page. MN Roadways Authorized Signature Authorized signature Date NESOTA PROPOSAL , •ADWAYS CO. Proposal#: 101405 4370 Valley Industrial Blvd.So. Proposal Date:05/3112018 Shakopee,MN 55379 Page :1 Phone:952-496-2651 Fax:952-496-2522 Submitted To: City of Eden Prairie Project: Eden Prairie Fire Station#2 8080 Mitchell Rd 12100 Sunnybrook Rd Eden Prairie MN 55344 Eden Prairie MN 55344 Client#: 1323 Attention: Joan Karst Project#: 2382 Phone: 952 949-8493 Project Estimator; Tom Underdahl Fax: Cell: Description Unit Quantity Price 3"mill patch repairs SY 12.00 $750.00 Crackfili Repair LF 1,200.00 $970.00 a. Rout new cracks %4"or wider to a uniform 1"x 1/2", except in alligatored areas. b. Clean routed cracks and previously sealed cracks that have reopened. c. Fill cleaned cracks with MnDOT spec#3723 hot pour rubberized sealant. d.Touch up old cracks e.Apply barrier paper as needed Note : Some settling of material will occur after cooling. 118"Traprock Chip Sealcoat(With CRS-2P Polymer Modified Oil) SY 2,307.00 $5,098.47 a. Sweep all areas to be sealcoated clean of any loose debris. b. Apply approximately .23 gallons per square yard of CRS-2P polymer modified hot liquid asphalt. c. Cover with approximately 23 pounds per square yard of FA-2 Modified (1/8")traprock chips. d. Roll with a self-propelled rubber tired pneumatic roller. Primary Aftersweep SY 2,307.00 $576.75 a. Sweep excess stone 4-6 weeks after sealcoating and haul debris off site. Fog Seal Over Chip Sealcoat SY 2,307.00 $2,415.00 a.Apply emulsified asphalt CSS-1 H D50 at a rate of 0.12 to 0.15 gallon per square yard over the chip sealcoat. This application increases longevity and aids in reducing issues with loose rock and delamination. CONTRACT&AUTHORIZATION TO PROCEED This proposal may be withdrawn by us If not accepted within 15 days. Please see all attachments for information&conditions that pertain to this All material is guaranteed to be as specified.All work is to be completed proposal. It is the responsibility of the Owner/Representative to be familiar in a workmanlike manner according to standard practices.Any alteration with any and all terms&conditions of this agreement. By signing this proposal or deviation from specifications Included in this proposal involving extra along with the terms&conditions page,you hereby authorize Minnesota cost will become an extra charge over and above the estimate. Roadways Co.to proceed with the work Indentified in this agreement. Contractor to carry necessary Insurance,Including workman compensation NO WORK will be scheduled until Minnesota Roadways Co.receives the insurance. signed proposal along with the signed terms&conditions page. Authorized signature Date MN Roadways Authorized Signature 1ADWAYS CO.NESOTA PROPOSAL ,O Proposal#: 101405 4370 Valley Industrial Blvd. So. Proposal Date: 05/31/2018 Shakopee,MN 55379 Phone: 952-496-2651 Page .2 Fax: 952-496-2522 Submitted To: City of Eden Prairie Project: Eden Prairie Fire Station#2 8080 Mitchell Rd 12100 Sunnybrook Rd Attn: Accts Payable Eden Prairie MN 55344 Eden Prairie MN 55344 Cust# : 1323 Project# : 2382 Attention: Joan Karst Project Estimator: Tom Underdahl Description Unit Quantity Price Restripe All Parking Stalls & Pavement Markings LS 1.00 $300.00 • Initials: I NESOTA PROPOSAL •ADWAYS CO. Proposal#: 101407 4370 Valley Industrial Blvd.So. Proposal Date:05/31/2018 Shakopee,MN 55379 Page:1 Phone:952-496-2651 Fax:952-496-2522 Submitted To: City of Eden Prairie Project: Eden Prairie Firestation#3 8080 Mitchell Rd 7350 Eden Prairie Rd Eden Prairie MN 55344 Eden Prairie MN 55344 Client# : 1323 Attention: Joan Karst Project#: 4283 Phone: 952 949-8493 Project Estimator: Tom Underdahi Fax: Cell: Description Unit Quantity Price 3"mill patch repairs SY ' 18.00 $815.00 Crackfill Repair LF 1,050.00 $850.00 a. Rout new cracks '1"or wider to a uniform 1"x 1/2", except in alligatored areas . b. Clean routed cracks and previously sealed cracks that have reopened. c. Fill cleaned cracks with MnDOT spec#3723 hot pour rubberized sealant. d.Touch up old cracks e.Apply barrier paper as needed Note: Some settling of material will occur after cooling. 118"Traprock Chip Sealcoat(With CRS-2P Polymer Modified Oil) SY 2,308.00 $5,100,68 a. Sweep all areas to be sealcoated clean of any loose debris. b.Apply approximately .23 gallons per square yard of CRS-2P polymer modified hot liquid asphalt. c. Cover with approximately 23 pounds per square yard of FA-2 Modified (1/8")traprock chips. d. Roll with a self-propelled rubber tired pneumatic roller. Primary Aftersweep SY 2,308.00 $577.00 a. Sweep excess stone 4-6 weeks after sealcoating and haul debris off site. . Fog Seal Over Chip Sealcoat SY 2,308.00 $2,426.00 a.Apply emulsified asphalt CSS-1 H D50 at a rate of 0.12 to 0.15 gallon per square yard over the chip sealcoat. This application increases longevity and aids in reducing Issues with loose rock and delamination. CONTRACT&AUTHORIZATION TO PROCEED This proposal may be withdrawn by us If not accepted within 15 days. Please see all attachments for information&conditions that pertain to this Ail material is guaranteed to be as specified.All work Is to be completed proposal. It is the responsibility of the Owner/Representative to be familiar in a workmanlike manner according to standard practices.Any alteration with any and all terms&conditions of this agreement. By signing this proposal or deviation from specifications Included In this proposal involving extra along with the terms&conditions page,you hereby authorize Minnesota cost will become an extra charge over and above the estimate. Roadways Co.to proceed with the work Indenfified In this agreement. Contractor to carry necessary insurance,Including workman compensation NO WORK will be scheduled until Minnesota Roadways Co.receives the insurance. signed proposal along with the signed terms&conditions page. Authorized signature Date MN Roadways Authorized Signature NESOTA PROPOSAL SADWAYS CO. Proposal#: 101407 4370 Valley Industrial Blvd.So. Proposal Date:05/31/2018 Shakopee,MN 55379 Page:2 Phone:952-496-2651 Fax:952-496-2522 Submitted To: City of Eden Prairie Project: Eden Prairie Firestation#3 8080 Mitchell Rd 7350 Eden Prairie Rd Attn:Accts Payable Eden Prairie MN 55344 Eden Prairie MN 55344 Cust#: 1323 Project# : 4283 Attention: Joan Karst Project Estimator: Tom Underdahl Description Unit Quantity Price Restripo All Parking Stalls&Pavement Markings LS 1.00 $300.00 Initials: •7, I . (TNESOTA PROPOSAL OADWAYS CO. Proposal# : 101412 4370 Valley Industrial Blvd.So. Proposal Date:05/31/2018 Shakopee,MN 55379 Page : 1 Phone:952-496-2651 Fax:952-496-2522 Submitted To: City of Eden Prairie Project: Eden Prairie Senior Ctr 8080 Mitchell Rd 8950 Eden Prairie Rd Eden Prairie MN 55344 Eden Prairie MN 55344 Client# : 1323 Attention: Joan Karst Project#: 86839 Phone: 952 949-8493 Project Estimator: Tom Underdahi Fax: Cell: Description Unit Quantity Price 3"mill patch repairs -East Lot Entrance SY 6.00 $750.00 Crackfill Repair LF 1,025.00 $825.00 a. Rout new cracks =/." or wider to a uniform 1"x 1/2", except in alligatored areas . b. Clean routed cracks and previously sealed cracks that have reopened. c. Fill cleaned cracks with MnDOT spec#3723 hot pour rubberized sealant. d. Touch up old cracks e. Apply barrier paper as needed Note : Some settling of material will occur after cooling. 1/8"Traprock Chip Sealcoat(With CRS-2P Polymer Modified Oil) SY 1,265.00 $3,352.25 a. Sweep all areas to he sealcoated clean of any loose debris. b. Apply approximately.23 gallons per square yard of CRS-2P polymer modified hot liquid asphalt. c Cover with approximately 23 pounds per square yard of FA-2 Modified (1/8") traprock chips. d. Roll with a self-propelled rubber tired pneumatic roller. Primary Aftersweep SY 1,265.00 $316,25 a. Sweep excess stone 4-6 weeks after sealcoating and haul debris off site. • Fog Seal Over Chip Sealcoat SY 1,265.00 $1,640.00 a.Apply emulsified asphalt CSS-1 H D50 at a rate of 0.12 to 0.15 gallon per square yard over the chip sealcoat. This application increases longevity and aids in reducing issues with loose rock and delamination. CONTRACT&AUTHORIZATION TO PROCEED This proposal may be withdrawn by us if not accepted within 15 days. Please see all attachments for information&conditions that pertain to this All material is guaranteed to be as specified.Al work is to be completed proposal. It is the responsibility of the Owner/Representative to be familiar in a workmanlike manner according to standard practices Any alteration with any and all terms&conditions of this agreement. By signing this proposal or deviation from specifications included in this proposal involving extra along with the terms&conditions page, you hereby authorize Minnesota cost will become an extra charge over and above the estimate. Roadways Co. to proceed with the work indentified in this agreement. NO WORK will be scheduled until Minnesota Roadways Co. receives the Contractor to carry necessary insurance,including workman compensation Insurance. signed proposal along with the signed terms&conditions page. MN Roadways Authorized Signature Authorized signature Date .� PROPOSAL NESOTA OADWAYS CO. ice. Proposal# : 101412 4370 Valley Industrial Blvd.So. Proposal Date: 05/31/2018 Shakopee, MN 55379 Page :2 Phone: 952-496-2651 Fax:952-496-2522 Submitted To: City of Eden Prairie Project: Eden Prairie Senior Ctr 8080 Mitchell Rd 8950 Eden Prairie Rd Attn: Accts Payable Eden Prairie MN 55344 Eden Prairie MN 55344 Cust# : 1323 Project# : 86839 Attention: Joan Karst Project Estimator: Tom Underdahl Description Unit Quantity Price Restripe All Parking Stalls&Pavement Markings LS 1.00 $300.00 Initials: �.fNESOTA PROPOSAL ` DWAYS CO. Proposal#: 103059 4370 Valley Industrial Blvd.So. Proposal Date:06102/2018 Shakopee, MN 55379 Page : 1 Phone: 952-496-2651 Fax: 952-496-2522 Submitted To: City of Eden Prairie Project: Dunn Brothers 8080 Mitchell Rd 8107 Eden Prairie Road Eden Prairie MN 55344 Eden Prairie MN 55344 Client# : 1323 Attention: Joan Karst Project#: 13042 Phone: (952) 949-8493 Project Estimator: Tom Underdahl Fax: Cell: Description Unit Quantity Price Crackfill Repair LF 1,500.00 $1,225.00 a. Rout new cracks 'A"or wider to a uniform 1"x 1/2", except in alligatored areas . b. Clean routed cracks and previously sealed cracks that have reopened. c. Fill cleaned cracks with MnDOT spec#3723 hot pour rubberized sealant. d, Touch up old cracks e. Apply barrier paper as needed Note : Some settling of material will occur after cooling. 1/8"Traprock Chip Sealcoat(With CRS-2P Polymer Modified Oil) SY 1,395.00 $5,580.00 a. Sweep all areas to be sealcoated clean of any loose debris. b. Apply approximately .23 gallons per square yard of CRS-2P polymer modified hot liquid asphalt. c. Cover with approximately 23 pounds per square yard of FA-2 Modified (1/8")traprock chips. d. Roll with a self-propelled rubber tired pneumatic roller. Primary Aftersweep SY 1,395.00 $450.00 a. Sweep excess stone 4-6 weeks after sealcoating and haul debris off site. Fog Seal Over Chip Sealcoat SY 1,395.00 $2,300.00 a. Apply emulsified asphalt CSS-1H D50 at a rate of 0.12 to 0.15 gallon per square yard over the chip sealcoat. This application increases longevity and aids in reducing issues with loose rock and delamination. Restripe All Parking Stalls &Pavement Markings LS 1.00 $550.00 CONTRACT&AUTHORIZATION TO PROCEED This proposal may be withdrawn by us if not accepted within 15 days. Please see all attachments for information&conditions that pertain to this Ail material is guaranteed to be as specified.All work is la be completed proposal. It is the responsibility of the Owner/Representative to be familiar in a workmanlike manner according to standard practices.Any alteration with any and all terms&conditions of this agreement. By signing this proposal or deviation from specifications Included in this proposal involving extra along with the terms&conditions page,you hereby authorize Minnesota cost will become an extra charge over and above the estimate. Roadways Co.to proceed with the work indentified in this agreement. Contractor to carry necessary Insurance,including workman compensation NO WORK will be scheduled until Minnesota Roadways Co. receives the insurance. signed proposal along with the signed terms&conditions page. MN Roadways Authorized Signature Authorized signature Date CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar June 12, 2018 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Administration 2018 Annual Building Restoration VIII.E. Paul Sticha,Facilities Requested Action Move to: Award the contract for 2018 Annual Building Restoration City Wide to Sebco, Inc. Synopsis Base Bid Sebco, Inc $62,850 Restoration Systems $117,950 A.J. Spanjers declined to bid* Western Specialty declined to bid* Flag Builders of MN declined to bid* Background Plans and specifications were developed by Environmental Process Inc. (EPI). Work will be completed at 14 City owned buildings this year. A pre-bid meeting was held on Tuesday, May 15, 2018. A.J. Spanjers, Western Specialty and Flag Builders of MN were requested to submit proposals but all declined due to their workload. Pricing for the low bid from Sebco was verified and staff recommends accepting their bid of$62,850. Attachments Construction Contract Exhibit A (Contractor's Scope of Work) Responsible Contractor Verification Form 2017 06 01 Construction Contract This Contract ("Contract") is made on the 12th day of June, 2018, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Sebco, Inc., a Minnesota Corporation (hereinafter "Contractor") whose business address is923 Marquette Avenue, Minneapolis, MN 55402. Preliminary Statement The City has adopted a policy regarding the selection and hiring of contractors to provide a variety of services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Contract is to set forth the terms and conditions for the provision of services by Contractor for 2018 Exterior Building Envelope Maintenance, 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 September 30, 2018. 3. Compensation for Services. City agrees to pay the Contractor a fixed sum of $62,850.00 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 Standard Construction Contract 2007 06 01 Page 2 of 13 limitation, for any injuries, loss, or damages proximately caused by Contractor's breach of this standard of care. Contractor shall put forth reasonable efforts to complete its duties in a timely manner. Contractor shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Contract. Contractor shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 6. Project Manager and Staffing. The Contractor shall designated a Project Manager and notify the City in writing of the identity of the Project Manager before starting work on the Project. The Project Manager shall be assisted by other staff members as necessary to facilitate the 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 Standard Construction Contract 2007 06 01 Page 3 of 13 City and so as to not interfere with or in any way disrupt the operation of the City or the public. The corrective Work referred to above shall include without limitation, (a) the cost of removing the defective or nonconforming Work and materials from the site, (b) the cost of correcting all Work of other Contractors destroyed or damaged by defective or nonconforming Work and materials including the cost of removal of such damaged Work and materials form the site, and (c) the cost of correcting all damages to Work of other Contractors caused by the removal of the defective or nonconforming Work or materials. The Contractor shall post bonds to secure the warranties. 10.Private Property. The Contractor shall not enter upon private property for any purpose without having previously obtained permission from the City. The Contractor shall be responsible for the preservation of, and shall use every precaution to prevent damage to all trees, shrubbery, plants, lawns, fences, culverts, bridges, pavements, driveways, sidewalks, etc.; all water, sewer and gas 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 Standard Construction Contract 2007 06 01 Page 4 of 13 deficiencies. In such case an appropriate Change Order shall be issued deducting from the payment then or thereafter due the Contractor the cost of correcting such deficiencies. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the City. 14.City's Right to Terminate Contract and Complete the Work. The City has the right to terminate this Contract for any of the following reasons: a. The Contractor is adjudged bankrupt, makes a general assignment for the benefit of creditors, or becomes insolvent; b. Failure of Contractor to supply adequate properly skilled workmen or proper materials; c. Failure of Contractor to make prompt payment to subcontractor for material or labor; d. Any disregard of laws, ordinances or proper instructions of the City; e. Assignment or work without permission of the City; f. Abandonment of the work by Contractor; g. Failure to meet the work progress schedule set forth in this Contract; h. Unnecessary delay which, in the judgment of the City, will result in the work not being completed in the prescribed time. Termination of the Contract shall be preceded by ten (10) days written notice by the City to the Contractor and its surety stating the grounds for termination and the measures, if any, which must be taken to assure compliance with the Contract. The Contract shall be terminated at the expiration of such ten (10) day period unless the City Council shall withdraw its notice of termination. Upon termination of the Contract by the City, the City may, without prejudice to any other remedy the City may have, take possession of the site and of all materials, equipment, tools, construction equipment and machinery thereon owned by the Contractor and may finish the Work by whatever methods the City may deem expedient at the Contractor's expense. Upon Contract termination, the Contractor shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the contract price exceeds the expense of finishing the Work, including compensation for additional managerial and administrative services, the excess shall be paid to the Contractor. If such expense exceeds the unpaid balance, the Contractor shall pay the difference to the City. Standard Construction Contract 2007 06 01 Page 5 of 13 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. Not required. 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 Standard Construction Contract 2007 06 01 Page 6 of 13 and motor carrier with which it has a direct contractual relationship and shall submit to the City a supplemental verification confirming the subcontractor's and motor carrier's compliance with subdivision 3, clause (7), within 14 days of retaining the additional subcontractors or motor carriers. Contractor shall submit to the City upon request copies of the signed verifications of compliance from all subcontractors and motor carriers of any tier pursuant to Minn. Stat. § 16C.285, subd. 3(7). A false statement under oath, by Contractor, subcontractor, or motor carrier, verifying compliance with any of the minimum criteria may result in termination of the Contract. 19.Independent Contractor. Contractor is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Contract, who shall be employees, and under the direction, of Contractor and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Contractor an employee of the City. 20.Insurance. a. General Liability. Prior to starting the Work, Contractor shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Contractor or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, required by law, or the insurance coverage actually obtained by Contractor, whichever is greater. b. Contractor shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: 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 Standard Construction Contract 2007 06 01 Page 7 of 13 Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. d. Contractor shall maintain "stop gap" coverage if Contractor obtains Workers' Compensation coverage from any state fund if Employer's liability coverage is not available. e. All policies, except the Worker's Compensation Policy, shall name the "City of Eden Prairie" as an additional insured. f. All policies, except Worker's Compensation Policy, and Professional Liability Policy, shall name the "City of Eden Prairie" as an additional insured including products and completed operations. g. All polices shall contain a waiver of subrogation in favor of the City. h. All General Liability policies, Automobile Liability policies, and Umbrella policies shall contain a waiver of subrogation in favor of the City. i. All polices, except the Worker's Compensation Policy, shall insure the defense and indemnity obligations assumed by Contractor under this Contract. j. Contractor agrees to maintain all coverage required herein throughout the term of the Contract and for a minimum of two (2) years following City's written acceptance of the Work. k. It shall be Contractor's responsibility to pay any retention or deductible for the coverage's required herein. I. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications Standard Construction Contract 2007 06 01 Page 8 of 13 added, without thirty (30) days' prior notice to the City, except that if the cancellation or non-renewal is due to non-payment, the coverages may not be terminated or non-renewed without ten (10) days' prior notice to the City. m. Contractor shall maintain in effect all insurance coverages required under this Paragraph at Contractor's sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. n. A copy of the Contractor's Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Contractor's Work. Upon request a copy of the Contractor's insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Contractor has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Contractor of any deficiencies in such documents and receipt thereof shall not relieve Contractor from, nor be deemed a waiver of, City's right to enforce the terms of Contractor's obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. o. Effect of Contractor's Failure to Provide Insurance. If Contractor fails to provide the specified insurance, then Contractor will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Contractor, its subcontractors, agents, employees or delegates. Contractor agrees that this indemnity shall be construed and applied in favor of indemnification. Contractor also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Contractor to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or Standard Construction Contract 2007 06 01 Page 9 of 13 ii. Furnish a written acceptance of tender of defense and indemnity from Contractor's insurance company. Contractor will take the action required by the City within fifteen (15) days of receiving notice from the City. 21.Indemnification. Contractor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney's fees paid, incurred or for which it may be liable resulting from any breach of this Contract by Contractor, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Contractor, its agents, contractors and employees, relative to this Contract. City will indemnify and hold Contractor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 22.Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Contract ("Information") shall become the property of the City, but Contractor may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Contractor also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Contract does not relieve any liability on the part of the Contractor, but any use of the Information by the City or the Contractor beyond the scope of this Contract is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 23.Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. GENERAL TERMS AND CONDITIONS Standard Construction Contract 2007 06 01 Page 10 of 13 24. Assignment. Neither party shall assign this Contract, nor any interest arising herein, without the written consent of the other party. 25. Compliance with Laws and Regulations. In providing services hereunder, the Contractor shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Contract and entitle the City to immediately terminate this Contract. 26. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Contract. The violation of this provision renders the Contract void. 27. Counterparts. This Contract may be executed in multiple counterparts, each of which shall be considered an original. 28. Damages. In the event of a breach of this Contract by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 29. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to termination of this Contract and for one (1) year thereafter, without prior written consent of the former employer in each case. 30. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Contract or thereafter of any of the rights or remedies of the City under this Contract. 31. Entire Contract, Construction, Application and Interpretation. This Contract is in furtherance of the City's public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 32. Governing Law. This Contract shall be controlled by the laws of the State of Minnesota. Standard Construction Contract 2007 06 01 Page 11 of 13 33. Non-Discrimination. During the performance of this Contract, the Contractor shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Contractor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Contractor shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Contractor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 34. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Contract if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 35. Rights and Remedies. The duties and obligations imposed by this Contract and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 36. Services Not Provided For. No claim for services furnished by the Contractor not specifically provided for herein shall be honored by the City. 37. Severability. The provisions of this Contract are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Contract. 38. Statutory Provisions. a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the Contractor or other parties relevant to this Contract are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Contract. Standard Construction Contract 2007 06 01 Page 12 of 13 b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Contractor under this Contract which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. This Contract is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Contractor in performing any of the functions of the City during performance of this Contract is subject to the requirements of the Data Practice Act and Contractor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Contractor in relation to this Contract shall contain similar Data Practices Act compliance language. 39. Waiver. Any waiver by either party of a breach of any provisions of this Contract shall not affect, in any respect, the validity of the remainder of this Contract. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Nancy Tyra-Lukens, Its Mayor Rick Getschow, Its City Manager SEBCO, INC. Gerald Larson, Its President Standard Construction Contract 2007 06 01 Page 13 of 13 Exhibit A CITY OF EDEN PRAIRIE • 2018 EXTERIOR BUILDING ENVELOPE MAINTENANCE, SECTION 00400 - 1 '• EPINO. 18-985 PROPOSAL FORM Date: A,/ l,L0 • Submitted By: Sc\oco ,' ne• G3 Wlaru. w C Acve w\yls.,lxvt i 559LlQ2 Project: City of Eden Prairie 2018 Exterior Building Envelope Maintenance 8080 Mitchell Road Eden Prairie, Minnesota 55344 -- Submit: Facilities Division City of Eden Prairie 8080 Mitchell Road ti Eden Prairie, Minnesota 55344 Due: Thursday, May 31, 2018 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 , 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 2018 Exterior Building Envelope Maintenance work on several City of Eden Prairie Facilities as outlined in Appendices A-N for the sum of: �{ '� � Dollars ($ �Z SCO ) �'..y(�'f'C'va ,V1tluAA �CJ F: �1�n.w�reJ ,- c.ccj 1 CITY OF EDEN PRAIRIE 2018 EXTERIOR BUILDING ENVELOPE MAINTENANCE SECTION 00400 - 2 EPI NO. 18-985 PROPOSAL FORM UNIT COSTS - See Section 01800 - Description of Unit Costs Cost to include all complete benefits/labor/materials, etc. to perform like work. Tuck-pointing (CMU/Brick) $ 22 Per linear ft. r Control Joint Sealant Replacement $ $ Per linear ft. / Door/window perimeter Sealant Replacement $ L Per linear ft. Replacement of concrete sidewalk/patio. $ I$ Per sq. ft. SCHEDULE OF VALUES —BASE BID The contractor to supply the following schedule of value breakdown by building. See Appendices A- N for work descriptions. The schedule of values shall be used only for the Owner's internal billing processing. Building and Address Quote: 1. City Center (Appendix A) 8080 Mitchell Road $ t3181.5 Eden Prairie, MN 55344 2. Maintenance Facility (Appendix B) $ l 1��f 15150 Technology Drive Eden Prairie, Minnesota 55344. 3. Fire Station #1 (Appendix C) 14800 Scenic Heights Road $ Z tc140 Eden Prairie, MN 55344 4. Fire Station #2 (Appendix D) 12100 Sunnybrook Road $ tv`4g } Eden Prairie, Minnesota 55347 5. Fire Station #3 (Appendix E) $ S� 7350 Eden Prairie Road Eden Prairie, Minnesota 55346 • 6. Fire Station #4 (Appendix F) 17920 Linwood Court $ 1 f, Eden Prairie, Minnesota 55347 7. Art Center (Appendix G) 7650 Equitable Drive $ 3<5 r Eden Prairie, Minnesota 55344 CITY OF EDEN PRAIRIE 2018 EXTERIOR BUILDING ENVELOPE MAINTENANCE SECTION 00400 - 3 EPI NO. 18-985 PROPOSAL FORM 8. Senior.,Center (Appendix H) 8950 Eden Prairie Road $ {mot Eden Prairie, MN 55347 9. Edenvale Shelter (Appendix I) 7200 Edenvale Boulevard $ ,. �D� Eden Prairie, Minnesota 55344 1 10. Forest Hills Shelter (Appendix J) 13900 Holly Road Eden Prairie, Minnesota 55344 $ 43 ,6 11. Miller Ice Rink Shelter (Appendix K) 8208 Eden Prairie Road ‘ 101g Eden Prairie, Minnesota 55347 12. Round Lake Shelter (Appendix L) $ �. 7500 Constitution Avenue i t qx_7 Eden Prairie, Minnesota 55346 13. Staring Lake Shelter (Appendix M) 14100 Pioneer Trail 1.41 Eden Prairie, Minnesota 55347 14. Smith Douglas Moore Horne (Appendix N) �. 8107 Eden Prairie Road $ ez RkA tin Eden Prairie,Minnesota 55347 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): CITY OF EDEN PRAIRIE 2018 EXTERIOR BUILDING ENVELOPE MAINTENANCE SECTION 00400 - 4 EPI NO. 18-985 PROPOSAL FORM Proposal Submitted By: S c\,C p �n c • Telephone: (.l L-Lci 2--C%t 3 5 Company Name: Address: `V7-3 PA(AA TN iks,c Date: c/ /3/$ City, State: )A\p\ • YV1'N Zip: 5 317 By: Title: By: Title: Woltz Ctt f - Affix corporate seal if a corporation. f\A. END OF SECTION 00400 SECTION 00550 EPI NO. 18-985 Responsible Contractor Verification I ant an owner or officer of S DCa jt c. [name of bidder] ("Bidder"). I hereby verify that, Bidder is in compliance with the minimum criteria required of a "responsible contractor"; as that term is defined in Minnesota Statutes § 16C.285, subdivision 3, and as explained in the attached document entitled "Responsible Contractor Requirement." I further agree that Bidder has received a signed statement under oath from each subcontractor and motor carrier that Bidder intends to use to perform work on the project verifying that the subcontractor and motor carrier meets the minimum criteria under Minn. Stat. § 16C.285, and that Bidder will furnish such statements to the contracting authority upon request. Bidder intends to retain the following first-tier subcontractors and motor carriers for work on this project: �N1 A-4 o Cock 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 -5% day of M,A•i , 20 kg By: 0 G.AQ QL case, , [printed name] 1,01.1 4,,z1c [title] of S C a)T.,n[ • [name of bidder] STATE OF MINNESOTA ) ) ss. COUNTY OF 000gst1 ) 4f Signe and sworn to before me on I'ra ')( , 20 1q , by �N►at - , (stamp) "''`''THOMAS A. M I DTBO �"•'"'?� NotaryPublic-Minnesota {: .,,;, My Commission Expires Jan 31,2020 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar June 12, 2018 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Alecia Rose, Approve 3 year agreement with Cigna to VIII.F. Human Resources Division underwrite LTD and Life Insurance policies Requested Action Move to: Approve 3 year service agreement with Cigna for underwriting the City's Long Term Disability and Life Insurance policies in the amount of$71,513 per year for a total of$214,539 over 3 years. Synopsis As required by Minnesota State Statute the City sent out a Request for Proposal for Life and LTD services in March 2018. Cigna was awarded the business as an incumbent provider of these insurance policies. Although they were not the lowest bid, City Staff recommends staying with Cigna because of the customer service that Cigna provides and the importance of maintaining long-term relationships with carriers. The total cost impact will be a 1% increase in administration of the policies with a rate guarantee for 3 years. Attachments Cigna Renewal Rates Voluntary Life Policy Linda Lanshe Regional Account Manager jilt. Telephone: 610-758-7787 �� Ii • Email:linda.lanshe@cigna.com l�• Cignn Bri Dunn Gallagher Benefit Services,INC RE: City of Eden Prairie-January 1,2017—Group Insurance Renewal Dear Bri, Thank you for allowing Cigna Group Insurance to provide the Life,Accident,and Disability benefits for the employees of City of Eden Prairie. We appreciate the opportunity to serve you both and assist in meeting your employee benefits needs. Bsed on our analysis of the group's current performance,we are pleased to continue coverage at the current rates. Please respond via email with your acceptance of the below rates. Thirty days prior to the above renewal date we will proceed with processing the amendments. Continued payment of premium constitutes active acceptance. Below is an overview of our renewal position,effective January 1,2017: Plan Policy Current Rate Rate Basis Renewal Rate Rate Guarantee Basic LTD LK 0963737 $0.29 Per$100 Covered Payroll $0.29 24 Months $0.06(**$.10 if Basic Life FLX0962302 $0.06 Per$1,000 they increase the 24 Months coverage amount for classes 3 &4) Voluntary Life FLX0962302 Age Banded Per$1,000 Age Banded 24 Months Dependent Child FLX0962302 $0.10 Per$1,000 $0.10 24 Months Voluntary Life Basic Accident OK 0963931 $0.02 Per$1,000 $0.02 24 Months Employee: $0.03 Employee: $0.03 Voluntary Accident OK 0963931 Family: $0.04 Per$1,000 Family: $0.04 24 Months "Cigna"is a registered service mark,and ,"the"Tree of Life"logo is a service mark,of Cigna Intellectual Property, Inc.,licensed for use by Cigna Corporation and its operating subsidiaries. All products and services are provided exclusively by such operating subsidiaries and not by Cigna Corporation. Such operating subsidiaries include Connecticut General Life Insurance Company (CGLIC),Cigna Health and Life Insurance Company(CHLIC),and HMO or service company subsidiaries of Cigna Health Corporation and Cigna Dental Health, Inc Page 2 Employee Voluntary Life Insurance Monthly Rates are based on units of$1,000 Under Age 20 $.04 Age 60-64 $1.19 Age 20-24 $.04 Age 65 -69 $1.97 Age 25 -29 $.04 Age 70-74 $4.50 Age 30-34 $.05 Age 75 -79 $4.50 Age 35 -39 $.08 Age 80-84 $4.50 Age 40-44 $.15 Age 85 -89 $4.50 Age 45 -49 $.29 Age 90-94 $4.50 Age 50-54 $.43 Age 95 and over $4.50 Age 55 -59 $.85 Spouse Voluntary Life Insurance Monthly Rates are based on units of$1,000. Under Age 20 $.04 Age 45 -49 $.29 Age 20-24 $.04 Age 50-54 $.43 Age 25 -29 $.04 Age 55 -59 $.85 Age 30-34 $.05 Age 60-64 $1.19 Age 35 -39 $.08 Age 65 -69 $1.97 Age 40-44 $.15 Please respond via email with your acceptance of the above rates. Thirty days prior to the above renewal date we will proceed with processing the amendments. Remember to update your premium reporting to reflect the new rates,and begin payment at the new rates,as of the renewal date listed above,to constitute active acceptance. Cigna reserves the right to change premium rates if any of the following occurs: • The policy terms change • A division,subsidiary,eligible company,or class is added/deleted • There is a change of more than 10%in the number of employees We value our relationship with you and look forward to continuing this partnership. Cigna is pleased to offer you pre-disability vocational services as standard feature along with your long-term disability policy. Pre-disability vocational services is a voluntary service feature of Cigna's Healthy Working LifeTM program of vocational services to assist insured,actively at work employees with a serious medical condition to remain productive and at work,while also helping them manage limitations that may be associated with their condition. There is no cost to the policyholder for this enhancement which provides for approved stay-at-work expenses of up to$1,000 per employee per diagnostic event. A Schedule of Services delineating the details for this offering accompanies this letter,and if you currently are not receiving these services,here is the link to the client orientation website for this program www.cigna.com/predisability where you will also obtain all the information,tools and forms you need to use the service and make referrals. Should you have any questions regarding this renewal position or any other matters,please do not hesitate to call me. Thank you, Linda Lanshe Regional Account Manager Life Insurance Company of North America 1601 Chestnut Street • Philadelphia, PA 19192 • (215) 761-1000 NOTICE CONCERNING POLICYHOLDER RIGHTS IN AN INSOLVENCY UNDER THE MINNESOTA LIFE AND HEALTH INSURANCE GUARANTY ASSOCIATION LAW If the insurer who issued your life, annuity or health insurance policy becomes impaired or insolvent you are entitled to compensation for your policy from the assets of that insurer. The amount you recover will depend on the financial condition of the insurer. In addition,residents of Minnesota who purchase life insurance, annuities, or health insurance from insurance companies authorized to do business in Minnesota are protected, SUBJECT TO LIMITS AND EXCLUSIONS, in the event the insurer becomes financially impaired or insolvent. This protection is provided by the Minnesota Life and Health Insurance Guaranty Association. Minnesota Life&Health Insurance Guaranty Association 4760 White Bear Parkway, Suite 101 White Bear Lake, MN 55110 (651)407-3149 The maximum amount the guaranty association will pay for all policies issued on one life by the same insurer is limited to $300,000. Subject to this $300,000 limit,the Guaranty Association will pay up to $300,000 in life insurance death benefits, $100,000 in net cash surrender and net cash withdrawal values for life insurance, $300,000 in health insurance benefits, including any net cash surrender and net cash withdrawal values, $100,000 in annuity net cash surrender and net cash withdrawal values, $300,000 in present values of annuity benefits for annuities which are part of a structured settlement or for annuities in regard to which periodic annuity benefits, for a period of not less than the annuitant's lifetime or for a period certain of not less than ten years,have begun to be paid on or before the date of impairment or insolvency,or if no coverage limit has been specified for a covered policy or benefit,the coverage limit shall be $300,000 in present value. Unallocated annuity contracts issued to retirement plans, other than defined benefit plans, established under section 401,403(b),or 457 of the Internal Revenue Code of 1986, as amended through December 31, 1992, are covered up to $100,000 in net cash surrender and net cash withdrawal values, for Minnesota residents covered by the plan provided,however,that the association shall not be responsible for more than$7,500,000 in claims from all Minnesota residents covered by the plan. If total claims exceed$7,500,000 the $7,500,000 shall be prorated among all claimants. These are the maximum claim amounts. Coverage by the guaranty association is also subject to other substantial limitations and exclusions and requires continued residency in Minnesota. If your claim exceeds the guaranty association's limits,you may still recover a part or all of that amount from the proceeds of the liquidation of the insolvent insurer, if any exist. Funds to pay claims may not be immediately available. The guaranty association assesses insurers licensed to sell life and health insurance in Minnesota after the insolvency occurs. Claims are paid from this assessment. THE COVERAGE PROVIDED BY THE GUARANTY ASSOCIATION IS NOT A SUBSTITUTE FOR USING CARE IN SELECTING INSURANCE COMPANIES THAT ARE WELL MANAGED AND FINANCIALLY STABLE. IN SELECTING AN INSURANCE COMPANY OR POLICY,YOU SHOULD NOT RELY ON COVERAGE BY THE GUARANTY ASSOCIATION. THIS NOTICE IS REQUIRED BY MINNESOTA STATE LAW TO ADVISE POLICYHOLDERS OF LIFE,ANNUITY OR HEALTH INSURANCE POLICIES OF THEIR RIGHTS IN THE EVENT THEIR INSURANCE CARRIER BECOMES FINANCIALLY INSOLVENT. THIS NOTICE IN NO WAY IMPLIES THAT THE COMPANY CURRENTLY HAS ANY TYPE OF FINANCIAL PROBLEMS. ALL LIFE,ANNUITY AND HEALTH INSURANCE POLICIES ARE REQUIRED TO PROVIDE THIS NOTICE. NOTICE Benefits paid under the Accelerated Benefits provision will reduce the death benefit payable for life insurance. TL-004788 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar June 12, 2018 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Sue Kotchevar, Office of the Approve the updated Purchasing Policy VIII.G. City Manager Requested Action Move to: Approve the updated Purchasing Policy. Synopsis The Purchasing Policy has been revised to reflect the new legislation raising the threshold for competitive bidding contracts. Legislation is increasing the threshold from $100,000 to $175,000 effective August 1, 2018. Attachment Purchasing Policy Purchasing Policy Policy updated August 2018 City of Eden Prepared by the Finance Division Prairie, Minnesota Table of Contents City of Eden Prairie Purchasing Procedures 4 General Purchasing Procedures 4 Quick Reference Chart- Procurement Methods 6 Quick Reference Chart- City Contracts 7 Construction, Contract Services, and Purchase (Goods) Contracts 9 Less than $50.00 9 $50 to $25,000 9 $25,000 to $175,000 9 Greater than $175,000 9 Over $175,000 with labor- Performance and Payment Bond 10 Awarding Contracts 10 "Best Value" Procurement Alternative 10 Cooperative Purchasing Procedures 10 Change Orders 12 Other Bidding Requirements 12 Purchase or Lease of Used Public Safety Equipment 12 Leases and Lease Purchases 12 Real Estate 13 Online Purchases 13 Withholding Certificates 13 Federal Purchases 13 Ethics and Acceptance of Gifts 13 Public Purpose Expenditures 144 Professional Service & Consultant Contracts 15 Request for Proposal (RFP) 15 Standard Professional Services Agreement 15 Disposition of Surplus Assets 16 1. Disposal Approval 16 2. Sale Approval 16 3. Proper Municipal Sale Contract 16 Assets under $25,000 16 Assets between $25,000 - $100,000 16 Assets over$100,000 16 Government to Government Sales 17 Trade-ins 17 Electronic Sales 17 Restrictions 17 Link to Appendices (Contract Templates) 18 City of Eden Prairie Purchasing Procedures Effective August 2018 These purchasing procedures are intended to provide a consistent manner of purchasing goods and services Citywide. Employees should secure the best balance between quantity, quality, and price when purchasing for the City. General Purchasing Procedures • The City of Eden Prairie has a "decentralized" purchasing program; purchasing is the responsibility of each Department Director. • The Finance Division processes payments once a week and invoices are paid by due date. Using the Citywide accounts payable document imaging system, all steps of the invoice approval process, including the final procedure of "process for payment," must be completed by noon on Thursday to ensure payment by Friday if the invoice is due. • Payments will be made only from invoices, check request forms, or mileage reimbursement forms. Invoices should be sent directly from the vendor to accounts payable to be scanned into the accounts payable document imaging system. • Persons authorizing payments are responsible for verifying that goods and services have been received, that they are necessary, and that no duplicate payments are made. • Persons authorizing payments are responsible for coding invoices and ensuring that correct account codes are used. If there are questions regarding coding, contact Finance. • All contracts to which the City is a party shall be signed by the Mayor and the City Manager on behalf of the City and shall be executed in the name of the City, except contracts that do not exceed $20,000 may be signed by the City Manager or a Department head specifically designated by the City Manager. • Generally accepted accounting principles will be followed. For the end of each year, invoices that are received early the next year which are for goods or services received the previous year will usually be charged against the previous year. The year to which an invoice will be charged is based on the financial statement/audit cut-off date and the materiality of the item. If you have any questions about this, please contact a member of the finance team. • Employees will not make any purchases for personal use through the City. • Purchases required by emergencies that impair the City's ability to deliver services are outside the scope of this policy and are handled as appropriate in the circumstances. 4 • The City has a purchasing card program available for employees who frequently purchase items for the City. A separate Purchasing Card Program manual and process is available. • Travel purchases should be made following the City's Travel Policy. 5 Below is a quick reference chart for procurement methods according to dollar amount: Quick Reference Chart- Procurement Methods Value of Purchase Construction, Contracted Services, Goods & Professional or Services Contracts Consultant Services Contracts Less than$50 No quote needed No quote needed $50-$25,000 Open Market or Open Market Direct Negotiation (at least 2 quotes)1 $25,000-$175,000 Sealed Bids or Direct Negotiation (at least 2 quotes)1 Open Market or RFPs2 RFPs(Best Value optional),or Cooperative Purchasing Contracts that comply with bidding process(if applicable) Over$175,000 Sealed Bids or RFPs2 Cooperative Purchasing Contracts that comply with bidding process(if applicable)3 1 Quotes must be kept on file for at least one year 2 Use City's"Professional Services Agreement(Contract)"—See Appendix E 3 Contracts over$175,000 that include labor require a performance and payment bond—See Appendices F&G 6 Below is a quick reference chart of City Contracts, when applicable: Quick Reference Chart - City Contracts Contract Contract Type of Service to be Used Location Large Construction Projects(Public Works/Engineering/Parks) Existing Form of Appendix A Examples: Road, Utility,or Building Construction Contract and Related and website All Other Construction Projects(Other Depts) Standard Appendix B o Examples: Building Alterations;Store Remodel Construction U Contract Services and Annual Services(more extensive) Standard Appendix C N , Examples: Furnace Installation, Painting, Lawn Mowing, Agreement for o Contracted Svcs as CD -0 Services less than$5,000 and/or Goods(minor, basic) Std Contract Appendix D c c u ro Examples: Equipment,Supplies,these are simple services and goods-if for Goods and there are complicating factors, use Appendix C Services Professional Services Std Agreement Appendix E cExamples:Auditors, Lawyers,Architects Training for Professional c°� Services c Performance Bond Performance Appendix F c o o •+7, Bond c0 E a o Payment Bond Payment Appendix G Bond a, o a Human Services-General Fund Agreements Human Services Appendix H Example: PROP Agreement ccc chi PROP E = N Human Services Subrecipient Agreement-CDBG Human Services Appendix I Example: CAPSH Subrecipient AgrmtCAPSH Entertainment Services Contract Cover Entertainment Appendix J Used for all entertainment contracts Services Contract Cover Entertainment Services Addedum A-General Provisions Entertainment Appendix K Used for all entertainment contracts Addendum A- c @ Gen. Provisions t o Entertainment Services Addedum B-Entertainment Provisions Entertainment Appendix L a, " Used for music,entertainers,animal rides or petting zoos, interactive Addendum B- (inflatables,climbing wall) Ent. Provisions Entertainment Services Addedum C-Insurance Entertainment Appendix M Used for animal rides or petting zoos,fireworks, interactive(inflatables, Addendum C- climbing wall),sports programs Insurance 7 These are general guidelines. Manager discretion and case-by-case consideration may be needed. If you are unsure of which contract to use, ask your department head to contact the City Attorney. Please do not use the consultant letter as an exhibit in any contract. Scope of service may be pulled out of a consultant letter and used in the contract, but the consultant letter itself may contain legal wording and should not be used. A City contract with the City's wording and legal requirements should always be used. 8 Construction, Contract Services, and Purchase (Goods) Contracts Supplies, Materials, Equipment or Equipment Rental, and Construction, Alteration, or Repair & Maintenance of Property This section pertains to the purchase of supplies, materials, equipment or the rental thereof, or the construction, alteration, repair or maintenance of real or personal property. For professional services including but not limited to audit services, legal services, and engineering services, see the Professional Services section of this document. Contracts for these items can be found in Appendices A through E of this document. Depending on the amount of the purchase, the following procedures will be followed: Less than $50.00 Petty cash or a purchasing card should be used. For petty cash purchases, return the sales slip with account codes, authorizing signature, and reason for the purchase to Finance. For purchasing card purchases, follow the City's purchasing card procedure. $50 to $25,000 Purchases may be obtained through open market or direct negotiation, with two quotations obtained whenever possible. Quotations must be kept on file for at least one year. $25,000 to $175,000 Purchases may be obtained through sealed bids, cooperative purchasing contracts,or direct negotiation, with two quotations obtained whenever possible. Quotations must be kept on file for at least one year. Cooperative purchasing contracts should be considered for contracts over $25,000 and may be used in lieu of sealed bids or quotes. Greater than $175,000 Sealed bids solicited by public notice are required. Contracts must be awarded to the lowest responsible bidder. Obtain authorization from the City Council to prepare plans and specifications. The City Attorney must review the plans and specifications including the contract prior to advertisement for bids. Cooperative Purchasing Contracts should be considered for contracts over $25,000 and may be used in lieu of sealed bids. Advertisement for sealed bids must be published in the City's Official Newspaper at least ten days before the last date for submission of bids. The published notice must contain the following: • A description of the project or the purchase • The availability of specifications including the location, for example, Office of the City Clerk, etc. • The last day for submission of bids and the place where they are due 9 • The time and place for opening bids • A statement reserving the right of the City to reject all bids The bids must be opened and tabulated at the time and place specified in the newspaper. Preferably this should be completed about 10 working days in advance of the City Council meeting to allow for a thorough review and retabulation of the bids and to allow for reference checks as appropriate. A recommendation can then be made to the City Council and the City Council will award or deny the contract. Bids rejected by council must be kept on file for 6 years. For Engineering/Public Works projects, Instructions to Bidders may be found on the City's website: http://www.edenprairie.org/modules/showdocument.aspx?documentid=653 Over $175,000 with labor- Performance and Payment Bond For contracts over $175,000 that include labor (ex. road construction and the purchase and installation of playground equipment) a performance and payment bond in an amount not less than the contract price is required from the vendor. See Appendices F and G. If change orders substantially increase the amount of the contract,the City Council has the option to increase the amount of the contractor's bond. Awarding Contracts For contracts procured through sealed bids or multiple quotes, the City must award the contract to the lowest responsible bidder. The bidder who submits the lowest bid or quote in dollars is not necessarily the "lowest responsible bidder." Responsibility in bids means financial responsibility, but also integrity, skill, and the likelihood of the bidder doing faithful and satisfactory work. A contract must be awarded to the lowest responsible bidder unless the "Best Value" alternative set forth below is followed. "Best Value" Procurement Alternative Minnesota Statute 412.311 allows the City to use a "Best Value" alternative instead of awarding the bid to the lowest responsible bidder. Ask your department head to contact the City Attorney if you wish to use the Best Value alternative. Cooperative Purchasing Procedures Cooperative purchasing contracts provide an opportunity for the City to purchase goods and services at reduced costs. Employees do not need to obtain bids if a purchase is made through a national municipal association purchasing alliance or a cooperative created by a joint powers agreement (of which the City is a member) that purchases items from more than one source on the basis of competitive bids or quotations that complies with State Statute. 10 Following is a list of purchasing cooperatives of which the City is a member: 1. Cooperative Purchasing Ventures (CPV) Minnesota Statute 471.345, Subd. 15 requires cities to consider the Cooperative Purchasing Venture (CPV) for contracts estimated to exceed $25,000. The City of Eden Prairie participates in the State of Minnesota Cooperative Purchasing Venture (CPV). This enables the City to buy goods and services under the terms of contracts already negotiated by the State of Minnesota. Information for this cooperative can be found on the State of Minnesota's Materials Management Division website: http://www.mmd.admin.state.mn.us/cpv2.htm The Public Works Superintendent can direct employees to the releases and listings of the products/services that can be purchased on the state contract. If it is determined that a product/services is on a state contract, vendors should be told that the purchase will be made using that contract. When completing the purchasing paperwork, note the purchase is per state contract and indicate the contract number. Vendors will often contend that the City can purchase from them without bidding because they are on the "state contract" or they will sell at the state contract price. Beware of these approaches. Verify both the vendor and the specific product/service is listed on the state contract. It is likely that not all of a vendor's products/services have been selected to be on the state contract. If a vendor is not on the state contract, but will match the state contract price, this action does not exempt the City from following the competitive bidding laws. 2. Hennepin County Cooperative Purchasing Contracts The City participates in the Hennepin County Cooperative Purchasing Program. In order to participate, submittal of a checklist anticipating estimated quantities prior to the bidding process is required. If the City has filled out a checklist, it is obligated to purchase the item from the county for the duration of that particular contract, as outlined in the contract specifications. 3. U.S. Communities Government Purchasing Alliance The City participates in the U.S. Communities Government Purchasing Alliance http://www.uscommunities.org/. See the Fleet Services Supervisor for further information. 4. Great Lakes GPO The Great Lakes GPO is a fire service program open to all Cities. 5. Joint Powers Member Any Joint Powers Purchasing Entity of which the City is a member provides for purchases. 6. National IPA The City participates in the National IPA cooperative purchasing organization. http://www.nationalipa.org. See the Fleet Services Supervisor for further information. 11 Change Orders Change orders may occur due to City driven changes, errors and omissions, field directives, unforeseen/hidden conditions, regulatory requirements or changes that are contractor driven. Changes that need to be made during construction need to be addressed and approved in a timely manner in order to keep the project on schedule. Any change order that does not exceed $20,000 may be approved by the City Manager or a Department head specifically designated by the City Manager. Any change order that exceeds $20,000 must be approved by City Council. In an emergency the City Council may enter into contracts and incur obligations necessary to combat the disaster by protecting the health and safety of persons and property and by providing emergency assistance to the victims of the disaster without complying with the laws relating to purchasing and contracting. Other Bidding Requirements • A City cannot avoid bidding requirements by splitting a contract into several contracts, each of which is below the minimum amount requiring bids. • Specifications may not be written so as to exclude all but one type or kind of supplies or equipment. • The City may not accept a bid that includes a number of items when the advertisement called for separate bids for each item. • The City must re-bid when they make a material change in the specifications of the contract, even if the change would not affect the rank order of the bids received. • Minnesota Statutes Chapter 429 (local improvement code) applies to all public improvement contracts (i.e., sewer, water and streets) being financed with special assessments. Purchase or Lease of Used Public Safety Equipment In 2011, cities were granted authority to lease or purchase used public safety equipment ("vehicles and specialized equipment used by a fire department ... in firefighting, ambulance and emergency medical treatment services, rescue, and hazardous materials response") without bidding in certain specified circumstances. Competitive bidding or proposals are not required, "if the equipment is clearly and legitimately limited to a single source of supply, and the contract price may be best established by direct negotiation." Leases and Lease Purchases All lease agreements need approval through the finance and legal departments prior to initiating lease. The Finance Division will obtain at least two quotes to ensure the best financing rates. Lease Performance Bonds are sometimes prudent for Lease Purchases; if you are unsure whether a Lease Performance Bond should be required, ask your department head to contact the City Attorney. 12 Real Estate The purchase or sale of real property is generally not subject to competitive bidding. Online Purchases Employees may only purchase from vendors that use secure services for e-commerce. The City is required to submit sales tax for out-of-state purchases. Withholding Certificates Before the City makes a final payment to a contractor under a contract requiring employment for wages, it must make sure the contractor and any subcontractors have complied with withholding tax laws. Contractors and subcontractors must show compliance by submitting a withholding affidavit to the MN Department of Revenue. This can be done electronically or by mailing a completed Form IC134, "Withholding Affidavit for Contractors." If a contractor or subcontractor has withheld taxes as required, the Department of Revenue will return an electronic confirmation or sign and return the Form IC134, certifying compliance. The City must receive this certification of compliance before a final payment can be issued. Covered contracts are only those under which a contractor undertakes to supply labor or a combination of labor and materials for specific construction, repairs, rehabilitation or improvements. It does not apply to contractors for maintenance services or dealers, merchants and suppliers who supply materials only. The Dept of Revenue requires the form IC -134 only be submitted in connection with contractors on construction projects. Others are not required to submit the form so this paragraph only needs to be used on construction contracts. Federal purchases Under uniform grant guidance (2 CFR 200.317-326) there are additional procurement requirements that need to be considered when making purchases related to a federal program. Five procurement methods are identified including: micro-purchase (<$3,500), small purchase procedures (<$150,000), sealed bid (>$150,000), competitive proposal (>$150,000), and noncompetitive proposal (>$3,500). The general purchasing policy addresses many of these requirements and the City will also consider the full requirements in relation to each method as described in 2 CFR. The micro-purchase threshold which is set by Federal Acquisition Regulation at 48 CFR Subpart 2.1 is subject to change with inflation. The City will follow changes to thresholds as modifications occur. When practicable, micro-purchasing will be distributed among qualified suppliers. Ethics and Acceptance of Gifts Employees and Council Members authorized to make a sale, lease, or contract in an official capacity must not have a personal financial interest in that sale, lease, or contract, or personally benefit financially from it. (See Minn. Stat. § 471.87) For non-business related purchases, employees may only take advantage of special pricing offered to employees of the City if the same pricing is offered to government employees state or country wide. However, special pricing offered to the City by vendors may not be accepted by employees in a 13 position to make purchasing decisions or recommendations within that same category of goods or services. Public Purpose Expenditures City employees are obligated to conserve and protect City resources for the benefit of public interest. As good stewards of public funds, City employees must only use City funds for public purpose expenditures. Meals and gifts for City employees— however small — may not be purchased using City Funds. The expenditure of City Funds on meals and refreshments for City Employees, Officials, and Volunteers is only authorized by the City Council for certain purposes. These purposes should be conducive to the accomplishment of employees' duties and responsibilities while conducting City business and therefore provide a public benefit and have a public purpose. As detailed in Resolution No. 2007-13, the purchase of meals and refreshments using City Funds is authorized in the following circumstances: • Those provided immediately before or in conjunction with meetings of the Council, committees or subgroups. • City business meetings at which those in attendance involve non City employees. • When a breakfast, lunch or dinner meeting is conducted for official City business when it is the only practical time to meet and when it involves non City employee participants. • In connection with a conference, workshop, seminar or meeting which the employee has been authorized to attend. • Department-sponsored meetings, conferences or workshops where invited participants include non-City employees. • An organization-wide or department-wide annual, quarterly or monthly staff meeting. • At regularly scheduled meetings of the City Manager and department heads. • Meals for staff involved in election related duties when the performance of their duties prohibits staff from leaving the building. • At the discretion of the City Manager. If you are unsure whether an item is a public purpose expenditure, please contact your department director. 14 Professional Service & Consultant Contracts Accountants, Architects, Engineers, Lawyers, Training, Technical/Scientific Services State Statue does not require advertisement of bids or sealed bids for professional services such as those of engineers, lawyers, architects, accountants, and other services requiring technical, scientific, or professional training. It is recommended that proposals be obtained through a request for proposal (RFP) process when such a process would provide the City with increased quality or a decreased price. Request for Proposal (RFP) The City follows an RFP process when soliciting professional consulting services. Recommended sections to include in a RFP: • Background and scope of project. • Specifications of the professional services desired. • Contract terms. Include and reference as an attachment the "Standard Professional Services Agreement" (Appendix E) • The last day for submission of proposals and the place where they are due. • Include requirement for attendance at a pre-proposal meeting to answer vendor questions regarding the RFP. This provides fairness to all participants when questions are answered with all participants present. Request that questions be submitted in advance. • Proposal evaluation and selection criteria. • Format required for submitted proposals to provide for consistent submittals. • Profile questionnaire to obtain general information about the vendor. • A statement reserving the right of the City to reject all proposals. The City attorney must review the RFP before it is sent to selected vendors. RFPs should be sent to a reasonable/manageable number of vendors. After the submittal deadline, review Proposals by using a rating sheet and rate each Proposal based on the specifications and general information. Follow up with reference checks as appropriate. Select a vendor and make recommendation to the City Council. Standard Professional Services Agreement The City's "Standard Professional Services Agreement" (contract) should be used for all professional service contracts. See Appendix E. The Standard Professional Services Agreement outlines consultant obligations including insurance and liability coverage requirements, audit disclosure, subcontractors, and termination processes. This contract should be used for all professional service agreements. 15 Disposition of Surplus Assets According to City Code (Section 2.86, Subd. 3), the City Manager may, from time to time, recommend to the Council that certain property owned by the City is no longer needed for a municipal purpose and should be sold. There are three aspects to any disposal of a City asset: 1. Disposal Approval The City Council must approve the disposal of all property, no matter the value. 2. Terms of Sale Approval The sale itself must be approved, either by the City Manager or his/her delegate (sales up to $20,000) or by the City Council (sales over$20,000). 3. Proper Municipal Sale Contract Just as with purchasing, making a sale is considered entering into a contract. After the Council has declared the property as surplus, estimated its value, and approved its disposal, the City Manager (or his/her delegate) is authorized to dispose of the property using one of the following methods: Assets under$25,000 If the value of the surplus property is estimated to be $25,000 or less, the City Manager may sell it either upon quotation or in the open market, in the discretion of the City Manager. If the surplus property is sold based upon quotation, the City Manager shall obtain, so far as practicable, at least two quotations which shall be kept on file for a period of at least one year after their receipt. Assets between $25 000 - $100,000 If the value of the surplus property is estimated to exceed $25,000 but not to exceed $100,000, the City Manager may sell the property upon sealed bids or by direct negotiation, by obtaining two or more quotations for the sale when possible. All quotations obtained shall be kept on file for a period of at least one year after their receipt. Assets over$100,000 If the value of the surplus property is estimated to exceed $100,000, the City Manager shall solicit sealed bids by public notice in the manner and subject to the requirements of the law governing contracts by the City. As a practical matter, an asset disposal and its sale will often be approved by the Council at the same time. The final sale will always be contingent upon the Council's approval of, first, the disposition and then the actual sale. Managers may use discretion when deciding if an asset should be approved for disposal before the sale is initiated, or if the disposal and the sale can be brought to Council at the same time. 16 Government to Government Sales The City may transfer real and personal property to another governmental entity for nominal or no consideration and without following the process set out under "Proper Municipal Sale Contract" (item #3) above. Sealed bids or quotes are not required. Council approval of the disposal (item #1 above) is always required. Council approval of the terms of the disposal (item #2 above) is required only if consideration is over $20,000. The council may approve both the disposal and disposal terms in one action. If there is no consideration or consideration is under$20,000, the City Manager may approve the terms of the disposal. Trade-ins The City Council must approve the disposal of equipment via trade-in (put toward the purchase of new equipment),just as it approves a regular disposal. This approval can be done as part of the approval of the purchase of new equipment (if the purchase is over $20,000). Even if the new purchase is under $20,000 (and doesn't require Council approval), the trade-in disposal still must be approved by the Council. Electronic Sales Minn. Stat. 471.345, subd. 17 states that "a city may contract to sell supplies, materials, and equipment which is surplus, obsolete, or used, using an electronic selling process in which purchasers compete to purchase the items at the highest purchase price in an open and interactive environment." Restrictions According to City code, no employee of the City who is a member of the administrative staff, department head, a member of the Council, or an advisor serving the City in a professional capacity may be a purchaser of property sold under this Section. Other City employees may be purchasers if they are not directly involved in the sale, if they are the highest responsible bidder, and if at least one (1) week's published or posted notice of sale is given. 17 Link to Appendices A-M (Contract Templates) Appendices A through M (contract templates) can be found as stand-alone files on the City's K drive: K:/Finance/Forms and Policies/Purchasing Policy/Contract Templates (Appendix List) Contract templates in the above folder are the most up-to-date documents provided by the City Attorney. Always start with the contracts available here, rather than a copy of a previous vendor contract, which may have outdated wording or terms of agreement. Do not save changes to the contracts on the K: drive, as all City employees access these versions. Save a copy to your own drive and then make changes. Please contact Finance if you have any questions. 18 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar June 12, 2018 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Rick Getschow, City Manager Resolution approving participation in the VIII.H. Performance Measurement Program established by the Council on Local Results and Innovation Requested Action Move to: Adopt the resolution approving participation in the performance measurement program established by the Council on Local Results and Innovation. Synopsis The City of Eden Prairie has already implemented the required 10 measures with the majority of them coming from the Quality of Life Survey. This resolution is a formality to adopt the measures and approve using results we already have for a state program in order to receive financial benefit. Background In February 2012, the Council on Local Results and Innovation created a voluntary performance measurement program. Requirements of the program include officially adopting and implementing the ten minimum performance measures, reporting the results to the residents through at least one of the following means: publication, direct mailing,posting on the entity's website, or through a public hearing at which the budget and levy will be discussed and public input allowed, and submission of the resolution and results to the Office of the State Auditor. Benefits to the City of Eden Prairie for participation include a reimbursement of$0.14 per capita annually and exemption from levy limits for taxes, if levy limits are in effect. The intention is to use the funds to support participation in our performance management program and analytics program. This will help staff to advance our current goals and results performance measures increasing transparency. Attachments Resolution Performance Measurement Report Submittal List of Standard Measures for Cities CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2018- _ RESOLUTION APPROVING PARTICIPATION IN THE PERFORMANCE MEASUREMENT PROGRAM ESTABLISHED BY THE COUNCIL ON LOCAL RESULTS AND INNOVATION WHEREAS, the Council on Local Results and Innovation established by the Minnesota Legislature has implemented a voluntary performance measurement and reporting program; and WHEREAS, benefits to the City of Eden Prairie for participation include a reimbursement of $0.14 per capita annually and exemption from levy limits for taxes, if levy limits are in effect; and WHEREAS, the Council on Local Innovations and Results has established a standard set of measures for cities to adopt and report; and WHERAS, the City has adopted and implemented at least 10 of the measures in order to satisfy the program's requirements. NOW, THEREFORE,BE IT RESOLVED by the Eden Prairie City Council: The City of Eden Prairie will report any updates of the performance measures to its citizenry by the end of the year through publication, direct mailing, posting on the city's/county's website, or through a public hearing at which the budget and levy will be discussed and public input allowed. BE IT FURTHER RESOLVED, the City Council of Eden Prairie will submit to the Office of the State Auditor the actual results of the performance measures adopted by the City. ADOPTED by the Eden Prairie City Council on the 12th day of June, 2018. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk Performance Measurement Program Report City of Eden Prairie 6/8/2018 EDEN General PRAIRIE LIVE•WOPK•OREAM Measure Result Notes Rating of the overall quality of Excellent-41% 2016 Quality of Life Survey- Eden Prairie services Good-49% 1614 Reponses Fair-5% Poor- 1% Don't Know-5% Citizens' rating of the overall Excellent-58% 2016 Quality of Life Survey- appearance of the city Good-38% 1704 Responses Fair-3% Poor-0% Don't Know-0% Bond Rating Aaa Moody's Investors Service AAA Standard & Poor's Rating Services Citizens' rating of the quality of city Recreation services(programs 2016 Quality of Life Survey- recreational programs and facilities and classes) Recreation services- 1621 Excellent-45% responses Good-37% Fair-7% Poor- 1% Don't Know- 11% 2016 Quality of Life Survey- Recreation centers or facilities Recreation centers or Excellent- 51% facilities- 1627 responses Good-35% Fair-5% Poor-0% Don't Know-8% Police Services Measure Result Notes Citizens' rating of safety in Excellent-55% 2016 Quality of Life Survey- community(Overall feeling of Good-39% 1799 responses safety in Eden Prairie) Fair-4% Poor- 1% Don't Know-0% Fire& EMS Services Measure Result Notes Citizens' rating of the quality of Excellent-52% 2016 Quality of Life Survey- fire protection services Good-24% 1620 responses Fair-3% Poor- 1% Don't Know 21% Streets Measure Result Notes Citizens' rating of the quality of Excellent-35% 2016 Quality of Life Survey- city streets as a whole Good-54% 1615 responses Fair- 10% Poor- 1% Don't Know-0% Citizens' rating of the quality of Excellent-47% 2016 Quality of Life Survey- snow removal on city streets Good-39% 1616 responses Fair-9% Poor-2% Don't Know-3% Water Measure Result Notes Citizens' rating of the quality of Excellent-45% 2016 Quality of Life Survey- the city's drinking water Good-36% 1619 responses Fair- 12% Poor-4% Don't Know-4% Sanitary Sewer Measure Result Notes Citizens' rating of the quality of Excellent-36% 2016 Quality of Life Survey- water and sewer services Good-49% 1619 responses Fair-7% Poor-0% Don't Know-8% Standard Measures for Cities General Rating of the overall quality of services provided by your city(survey data,provide 1. completedresponses) Example of responses:excellent,good,fair,poor Year and total 2. Percent change in the taxable property market value County assessor's office data Citizens'rating of the overall appearance of the city (survey data,provide year 3. completed and total responses) Example of responses:excellent,good,fair,poor 4.* Nuisance code enforcement cases per 1,000 population (Number of cases/Population)x 1,000=cases per 1,000 population 5.• Number of library visits per 1,000 population (Number of visits/Population)x 1,000=visits per 1,000 population r 6.* Bond rating Standard&Poor's Ratings Services or Moody's Investor Services 7 Citizens'rating of the quality of city recreational programs and facilities (survey Example of responses:excellent,good,fair,poor data,provide year completed and total responses) 8.* Accuracy of post election audit(%of ballots counted accurately) Police • 9. Part I and II Crime Rates Submit data as reported by the Minnesota Bureau of Criminal Apprehension Services 110.` Part I and II Crime Clearance Rates Submit data as reported by the Minnesota Bureau of Criminal Apprehension Citizens'rating of safety in their community (survey data,provide year completed Example of responses:very safe,somewhat safe,neither safe nor unsafe,somewhat 11. and total responses) unsafe,very unsafe • 12. Average police response time Average time it takes to respond to top priority calls from dispatch to officer on scene. Fire&EMS ► Insurance Service Office(ISO)Rating.The ISO issues ratings to fire departments Services throughout the country for the effectiveness of their fire protection services and 13. Insurance industry rating of fire services equipment.ISO analyzes data and then assigns a classification from 1 to 10.Class 1 represents superior property fire protection and Class 10 indicates that the area's fire suppression program does not meet ISO's minimum criteria. Citizens'rating of the quality of fire protection services (survey data,provide year 14. Example of responses:excellent,good,fair,poor completed and total responses) ✓ Average time it takes from dispatch to apparatus on scene for calls that are dispatched 15. Average fire response time as a possible fire 16.* Fire calls per 1,000 population (Number of calls/population)x 1,000=calls per 1,000 population 17.* Number of fires with loss resulting in investigation 18.• EMS calls per 1,000 population (Number of calls/population)x 1,000=calls per 1,000 population • 19. Emergency Medical Services average response time Average time it takes from dispatch to arrival of EMS Streets Provide average rating and the rating system program/type.Example,70 rating on the 20. Average city street pavement condition rating Pavement Condition Index(PCI). r 21. Citizens'rating of the road conditions in their city (survey data,provide year Example of responses:excellent,good,fair,poor.Alternatively:good condition,mostly completed and total responses) good condition,many bad spots Expenditures for road rehabilitation per paved lane mile rehabilitated(jurisdiction 22.• Total cost for rehabilitations/ lane miles rehabilitated only roads) 23.• Percentage of all jurisdiction lane miles rehabilitated in the year Lane miles rehabilitated in year/total number of lane miles r 24.* Average hours to complete road system during snow event Citizens'rating of the quality of snowplowing on city streets(survey data,provide 25. Example of responses:excellent,good,fair,poor year completed and total responses) Water ► Citizens'rating of the dependability and quality of the city water supply (survey 26. Example of responses:excellent,good,fair,poor r data,provide year completed and total responses) 27. Operating cost per 1,000,000 gallons of water pumped/produced Centrally provided system:(actual operating expense for water utility/(total gallons ► pumped/1,000,000))=cost per million Sanitary Citizens'rating of the dependability and quality of city sanitary sewer service 28. Example of responses:excellent,good,fair,poor Sewer (Provide year completed and total responses) r 29. Number of sewer blockages.on city system per 100 connections Centrally provided system:(Number of blockages/number of connections)x 100= blockages per 100 connections *New or amended measure CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar June 12, 2018 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C.# 13-5843 ITEM NO.: Leslie Stovring Approve submittal of the Annual Report to the V I I I.I. Engineering/Environmental MPCA for the Phase II NPDES Storm Water Permit Program Requested Action Move to: Approve submittal of the Annual Report to the Minnesota Pollution Control Agency for the Phase II NPDES Storm Water Permit Program Synopsis The City of Eden Prairie is required to submit an Annual Report to the Minnesota Pollution Control Agency (MPCA) documenting how the City progressed on the Best Management Practices (BMPs) outlined in our Storm Water Pollution Prevention Plan(SWPPP). Background Information The City's Phase II NPDES Permit was renewed in 2013. The City's application included a SWPPP Document with a set of Best Management Practices (BMPs) which the City must undertake to assist in improving water quality within the City. The Annual Report provides the MPCA with the actions that the City took during the previous year to meet the goals outlined in our BMPs. The MPCA has switched to an online reporting mechanism for the annual reports. There are a large variety of actions the city must take to meet their obligations under the stormwater permit program. Actions taken in 2017 to meet these objectives included items such as: • Annual Public Meeting—The annual meeting was held on March 17, 2018, during the Chamber of Commerce Home, Landscape & Garden Expo. It is estimated that over 1,500 visitors attended the event. In addition, 61 people stopped at the City's Water Resources table to fill out a water quality survey. • Chamber of Commerce Home, Landscape & Garden Expo — Worked with the Chamber to add environmental messages to the Expo. The City also sponsored a children's activity area as a way to add these messages to the event. Over 80 kids stopped at the children's activity area. The City helped advertise the event by inserting a flyer in the January, February and March utility bills and promoting it on Facebook. • Citizen Assisted Monitoring Program — Volunteers monitored water quality in Duck, Mitchell, Red Rock and Riley Lakes. The program is provided by the Metropolitan Council. • City Drop off Day— Approximately 1,500 residents attended and dropped off 152 tons of trash plus yard waste. In addition, 128 bicycles were donated. The average cost for each vehicle between 2001 and 2017 was approximately $20. A grant from Hennepin County pays for the Drop off Day. • Conservation Commission — The Commission held a number of discussions on topics such as planning the annual Stormwater Meeting, the annual Chamber Spring Expo and Arbor Day Walk / Green Fair; and the Sustainable Eden Prairie Tour. The Commission also received regulatory updates and helped develop education ideas for the stormwater permit program. • Environmental Learning Center — Sixty-one (61) classes or groups toured the Center, or approximately 1,521 students plus teachers and volunteers. • Life in the Prairie Newsletter — The Newsletter was mailed to city residents in March, June, September and December. Articles were provided in a range of topics, including how to use See-Click-Fix, the annual drinking water report, watershed monitoring efforts, solid waste management plan updates, management of snow and ice and the Fire Station 2 water reuse and native plant restoration project. • Lake Projects —Work continued with the Riley-Purgatory-Bluff Creek Watershed District to manage carp in Staring Lake. The District also provided a grant for the watercraft inspection program. Installation of a new cleaning station and educational signage were also completed at Lake Riley that was paid in part from a grant from Hennepin County. • Municipal Cities Stormwater Coalition — Participated in a coalition that was formed by the League of Minnesota Cities that includes cities that are required to have a Stormwater Permit. This group provides information and assistance to cities on items such as annual report requirements, upcoming legislative changes and general information on the stormwater permit program and how it impacts city programs. • Workshops — Worked with the University of Minnesota Extension and the Riley-Purgatory- Bluff Creek Watershed District to provide workshops on native gardening and shoreland restoration. A total of 29 people signed up for the two events. • Stormwater Inspections — Inspected 266 water bodies (including ponds, wetlands, infiltration basins and creek segments); 530 water body inlets; and 690 stormwater sumps. • Stormwater U — Three city staff provided classroom instruction for the certification program offered by the University of Minnesota Extension on stormwater maintenance practices. Two employees received their certification. This program was jointly developed with city staff from Eden Prairie and others. • Street Sweeping—All City streets are swept at a minimum of once annually. • Sustainable Eden Prairie Tour — Twenty-four residents completed the tour. Stops included raingardens, wetland buffers and native plant restoration areas. • Water Quality Rebates—Provided two rebates for infiltration projects (such as raingardens) and eight for shoreland restoration projects for a total of$11,787. • Wetland Health Evaluation Program—Twelve volunteers monitored four wetlands for a total of 95 volunteer hours. Attachment Annual Stormwater Report MS4 Annual Report for 2017 MIMINNESOTA POLLUTION CONTROL AGENCY You are currently logged in as: Eden Prairie City MS4 If this is correct, click the 'Next' button. If this information is incorrect, contact Cole Landgraf (651-757-2880, cole.landgraf@state.mn.us) or Megan Handt (megan.handt@state.mn.us, 651-757-2843). Before you begin... A fillable Microsoft Word document with all of the questions is available at https://stormwater.pca.state.mn.us/index.php?title=MS4 Annual Report (for personal use only, not for submittal). The MS4 Annual Report for 2017 will automatically save your answers when you hit the `Next' button at the bottom of each page. If you wish to leave the MS4 Annual Report for 2017 and complete the document at another time, you may do so by clicking `Next' at the bottom of your current page to save your progress before exiting the document. Return to the survey by following the previously used web link, and again login using your email and assigned password credentials. Once you successfully log in, your previous answers will appear. The MPCA will email a PDF of your MS4 Annual Report for 2017 information to you in a confirmation email within three business days after you submit this form. You may print a copy of the MS4 Annual Report for 2017 for your records at any time by pressing the `Print' button at the bottom of the page. Additionally, it is possible to save a PDF copy of the MS4 Annual Report for 2017 if you are working on a computer with OneNote (a program often included in Microsoft Office packages). Detailed saving instructions are available at stormwater.pca.state.mn.us/index.php/Guidance f orsaving MS4annual repoits. MS4 Annual Report for 2017 Reporting period: January 1 , 2017 to December 31 , 2017 https://survey.mn.gov/siam/surveylanding/printerviewer.asp?sid=746D706C797072643 83... 6/4/2018 MS4 Annual Report for 2017 Due: June 30, 2018 Instructions: Complete this annual report to provide a summary of your activities under the 2013 MS4 Permit (Permit) between January 1, 2017 and December 31 , 2017. MPCA staff may contact you for additional information. Fillable document available at https://stormwater.pca.state.mn.us/index.php? title=MS4 Annual Report (for personal use only, not for submittal). Questions: Contact Cole Landgraf (cole.landgraf@state.mn.us, 651-757-2880) or Megan Handt (megan.handt@state.mn.us, 651-757-2843) MS4 General Contact Information Full Leslie A Stovring name Title Water Resources Coordinator Mailing 8080 Mitchell Road address City Eden Prairie State MN Zip code 55344 Phone 952-949-8327 Email lttovring@edenprairie.org Preparer Contact Information (if different from the MS4 General Contact) Full name Title Organization Mailing address City State Zip code Phone Email MCM 1: Public Education and Outreach The following questions refer to Part III.D.1 . of the Permit. https://survey.mn.gov/siam/surveylanding/printerviewer.asp?sid=746D706C797072643 83... 6/4/2018 MS4 Annual Report for 2017 Q2 Did you select a stormwater-related issue of high priority to be emphasized during this Permit term? [Part III.D.1.a.(1)] Q Yes O No Q3 What is your stormwater-related issue(s)? Check all that apply. ❑ TMDL(s) ❑ Local businesses ❑ Residential BMPs © Pet waste ❑ Yard waste © Deicing materials ❑ Household chemicals ❑ Construction activities ❑ Post-construction activities © Other Describe: Water quality and native plant restoration Q4 Have you distributed educational materials or equivalent outreach to the public focused on illicit discharge recognition and reporting? [Part III.D.1.a.(2)] O Yes O No Q5 Do you have an implementation plan as required by the Permit? [Part III.D.1.b.] Q Yes Q No Q6 How did you distribute educational materials or equivalent outreach? Check all that apply and provide circulation/audience associated with each item. [Part III.D.1.a.] © Brochure © Newsletter © Utility bill insert © Newspaper ad ❑ Radio ad ❑ Television ad ❑ Cable access channel Stormwater-related event © School presentation or project Website © Other(1) © Other(2) © Other(3) https://survey.mn.gov/siam/surveylanding/printerviewer.asp?sid=746D706C797072643 83... 6/4/2018 MS4 Annual Report for 2017 Other (1), Intranet - Prairie Pages describe: Other (2), Email News - Living Green and Sustainable Eden Prairie describe: Other (3), Facebook Posting describe: Q7 Intended audience? Check all that apply. Local Residents Businesses Developers Students Employees Other Brochure © © ❑ ❑ ❑ ❑ Newsletter © © ❑ ❑ ❑ ❑ Utility bill © © ❑ ❑ ❑ ❑ insert Newspaper ad © © ❑ ❑ ❑ ❑ Stormwater- © © ❑ ❑ ❑ related event School presentation © ❑ ❑ © ❑ or project Website © © ❑./ © © ❑ Other(1) ❑ ❑ ❑ ❑ © ❑ Other(2) © © ❑ © ❑ ❑ Other(3) © © ❑./ © © ❑ Q8 Enter the total circulation/audience (if unknown, use best estimate): Brochure 500 Newsletter 25654 Utility bill 15854 insert Newspaper 4489 ad Stormwater- 1500 related event School presentation 3971 or project Website 3,584 Other (1) 450 Other (2) 2,728 Other (3) 6259 https://survey.mn.gov/siam/surveylanding/printerviewer.asp?sid=746D706C797072643 83... 6/4/2018 MS4 Annual Report for 2017 Provide a brief description of each activity related to public education and outreach (e.g. rain garden workshop, school presentation, public works open house) held and the date each activity was held from January 1 , 2017 to December 31 , 2017. [Part III.D.1 .c.(4)] Q9Date of activity Q10Description of activity Date 03/17/2017 Chamber of Commerce Home Landscape & Garden Expo (mm/dd/yyyy) Date 04/15/2017 Native Gardening Workshop (mm/dd/yyyy) Date 05/09/2017 Stormwater U Certification Workshop (utility and (mm/dd/yyyy) environment staff spoke at plus employees attended) Date 06/30/2017 Sustainable Eden Prairie Self-guided Tour (June) (mm/dd/yyyy) Date 07/20/2017 Shoreland Restoration Workshop (mm/dd/yyyy) Date 10/14/2017 Public Works Open House (public works, fire, police (mm/dd/yyyy) and parks) Date 4/20/2017 Community Gardens Open House (mm/dd/yyyy) Date 5/6/2017 Green Fair and Arbor Day Walk (mm/dd/yyyy) Q11 Between January 1, 2017 and December 31, 2017, did you modify your BMPs, measurable goals, or future plans for your public education and outreach program? [Part IV.B.] Yes ✓: No MCM 2: Public Participation/Involvement The following questions refer to Part III.D.2.a. of the Permit. Q12 You must provide a minimum of one opportunity each year for the public to provide input on the adequacy of your Stormwater Pollution Prevention Program (SWPPP). Did you provide this opportunity between January 1, 2017 and December 31, 2017? [Part III.D.2.a.(1)] O Yes O No Q13 What was the opportunity that you provided? Check all that apply. ❑ Public meeting © Public event ❑ Other https://survey.mn.gov/siam/surveylanding/printerviewer.asp?sid=746D706C797072643 83... 6/4/2018 MS4 Annual Report for 2017 Q15 Public event Chamber of Commerce Home, Landscape and Garden Expo (Water Describe: Resources Table) Enter the date of the 03/17/2017 public event (mm/dd/yyyy): Enter the number of citizens that attended and 1500 were informed about your SWPPP: Q17 Between January 1, 2017 and December 31, 2017, did you receive any input regarding your SWPPP? Q Yes O No Enter the total number of individuals or organizations 97 that provided comments on your SWPPP: Q18 Did you modify your SWPPP as a result of written input received? [Part III.D.2.b. (2)] O Yes O No Q19 Between January 1, 2017 and December 31, 2017, did you modify your BMPs, measurable goals, or future plans for your public participation/involvement program? [Part IV.B.] O Yes OO No MCM 3: Illicit Discharge Detection and Elimination The following questions refer to Part III.D.3. of the Permit. Q20 Do you have a regulatory mechanism which prohibits non-stormwater discharges to your MS4? [Part III.D.3.b.] O Yes O No https://survey.mn.gov/siam/surveylanding/printerviewer.asp?sid=746D706C797072643 83... 6/4/2018 MS4 Annual Report for 2017 Q21 Did you identify any illicit discharges between January 1, 2017 and December 31, 2017? [Part III.D.3.h.(4)] Q Yes O No Q22 Enter the number of illicit discharges detected: 13 Q23 How did you discover these illicit discharges? Check all that apply and enter the number of illicit discharges discovered by each category. © Public complaint © Staff Q24 Enter the number discovered by the public: 9 Q25 Enter the number discovered by staff: 4 Q26 Did any of the discovered illicit discharges result in an enforcement action (this includes verbal warnings)? O Yes O No Q27 What type of enforcement action(s) was taken and how many of each action were issued between January 1, 2017 and December 31, 2017? Check all that apply. © Verbal warning ❑ Notice of violation ❑ Fines ❑ Criminal action ❑ Civil penalties ❑ Other Enter the number of verbal 4 warnings issued: Q28 Did the enforcement action(s) taken sufficiently address the illicit discharge(s)? O Yes O No Q30 Do you have written Enforcement Response Procedures (ERPs) to compel compliance with your illicit discharge regulatory mechanism(s)? [Part III.B.] O Yes O No https://survey.mn.gov/siam/surveylanding/printerviewer.asp?sid=746D706C797072643 83... 6/4/2018 MS4 Annual Report for 2017 Q31 Between January 1, 2017 and December 31, 2017, did you train all field staff in illicit discharge recognition (including conditions which could cause illicit discharges) and reporting illicit discharges for further investigations? [Part III.D.3.e.] O Yes O No Q32 How did you train your field staff? Check all that apply. ▪ Email © PowerPoint ▪ Presentation © Video © Field Training © Other Other, describe: Right to Know training - segment on IDDE provided The following questions refer to Part III.C.1 . of the Permit. Q33 Did you update your storm sewer system map between January 1, 2017 and December 31, 2017? [Part II I.C.1.] O Yes O No Q34 Does your storm sewer map include all pipes 12 inches or greater in diameter and the direction of stormwater flow in those pipes? [Part I II.C.1.a.] O Yes O No Q35 Does your storm sewer map include outfalls, including a unique identification (ID) number and an associated geographic coordinate? [Part III.C.1.b.] Q Yes O No Q36 Does your storm sewer map include all structural stormwater BMPs that are part of your MS4? [Part III.C.1.c.] Q Yes O No Q37 Does your storm sewer map include all receiving waters? [Part III.C.1.d.] OO Yes O No https://survey.mn.gov/siam/surveylanding/printerviewer.asp?sid=746D706C797072643 83... 6/4/2018 MS4 Annual Report for 2017 Q38 In what format is your storm sewer map available? 0 Hardcopy only O� GIS 0 CAD O Other Q39 Between January 1, 2017 and December 31, 2017, did you modify your BMPs, measurable goals, or future plans for your illicit discharge detection and elimination (IDDE) program? [Part IV.B.] O Yes O No MCM 4: Construction Site Stormwater Runoff Control The following questions refer to Part III.D.4. of the Permit. Q40 Do you have a regulatory mechanism that is at least as stringent as the Agency's general permit to Discharge Stormwater Associated with Construction Activity (CSW Permit) No. MN R100001 (http://www.pca.state.mn.us/index.php/view- document.html?gid=18984) for erosion and sediment controls and waste controls? [Part III.D.4.a.] O Yes O No Q41 Have you developed written procedures for site plan reviews as required by the Permit? [Part III.D.4.b.] OQ Yes O No Q42 Have you documented each site plan review as required by the Permit? [Part III.D.4.f.] O Yes O No Q43 Enter the number of site plan reviews conducted for sites an acre or greater of soil disturbance between January 1, 2017 and December 31, 2017: 8 https://survey.mn.gov/siam/surveylanding/printerviewer.asp?sid=746D706C797072643 83... 6/4/2018 MS4 Annual Report for 2017 Q44 What types of enforcement actions do you have available to compel compliance with your regulatory mechanism? Check all that apply and enter the number of each used from January 1, 2017 to December 31, 2017. © Verbal warnings © Notice of violation ❑ Administrative orders © Stop-work orders © Fines © Forfeit of security of bond money © Withholding of certificate of occupancy ❑ Criminal actions © Civil penalties ❑ Other Enter the number of verbal o warnings issued: Enter the number of notice of o violations issued: Enter the number of stop-work o orders issued: Enter the number of o fines issued: Enter the number of forfeitures of security o bond money issued: Enter the number of withholdings of certificate 0 of occupancy issued: Enter the number of civil o penalties issued: https://survey.mn.gov/siam/surveylanding/printerviewer.asp?sid=746D706C797072643 83... 6/4/2018 MS4 Annual Report for 2017 Q45 Do you have written Enforcement Response Procedures (ERPs) to compel compliance with your construction site stormwater runoff control regulatory mechanism(s)? [Part III.B.] OO Yes Q No Q46 Enter the number of active construction sites an acre or greater that were in your jurisdiction between January 1, 2017 and December 31, 2017: 3 Q47 Do you have written procedures for identifying priority sites for inspections? [Part III.D.4.d.(1)] Q Yes Q No Q48 How are sites prioritized for inspections? Check all that apply. ▪ Site topography ❑ Soil characteristics ❑ Types of receiving water(s) Stage of construction © Compliance history ❑ Weather conditions © Citizen complaints © Project size ❑ Other Q49 Do you have a checklist or other written means to document site inspections when determining compliance? [Part III.D.4.d.(4)] O Yes O No Q50 Enter the number of site inspections conducted for sites an acre or greater between January 1, 2017 and December 31, 2017: 6 Q51 Enter the frequency at which site inspections are conducted (e.g. daily, weekly, monthly): [Part III.D.4.d.(2)] Weekly or as needed based on weather conditions Q52 Enter the number of trained inspectors that were available for construction site inspections between January 1, 2017 and December 31, 2017: 4 https://survey.mn.gov/siam/surveylanding/printerviewer.asp?sid=746D706C797072643 83... 6/4/2018 MS4 Annual Report for 2017 Q53 Provide the contact information for the inspector(s) and/or organization that conducts construction stormwater inspections for your MS4. List your primary construction stormwater contact first if you have multiple inspectors. (1) Inspector Randy Slick name City of Eden Prairie Organization Phone 952-949-8322 (Office) Phone 612-236-7308 (Work Cell) Email rslick@edenprairie.org Preferred contact email method (2) Inspector Fred Ziebol name City of Eden Prairie Organization Phone 952-949-8317 (Office) Phone 612-875-1855 (Work Cell) Email fziebol@edenprairie.org Preferred contact Retired in 2018 method (3) Inspector Isaac Raser name City of Eden Prairie Organization Phone 952-949-8310 (Office) Phone 612-221-6967 (Work Cell) Email iraser@edenprairie.org Preferred contact Left employment in 2018 method https://survey.mn.gov/siam/surveylanding/printerviewer.asp?sid=746D706C797072643 83... 6/4/2018 MS4 Annual Report for 2017 Q54 What training did inspectors receive? Check all that apply. © University of Minnesota Erosion and Stormwater Management Certification Program ❑ Qualified Compliance Inspector of Stormwater (QCIS) ❑ Minnesota Laborers Training Center Stormwater Pollution Prevention Plan Installer or Supervisor ❑ Minnesota Utility Contractors Association Erosion Control Training ❑ Certified Professional in Erosion and Sediment Control (CPESC) ❑ Certified Professional in Stormwater Quality (CPSWQ) ❑ Certified Erosion, Sediment and Storm Water Inspector(CESSWI) © Other Other, describe: University of Minnesota Extension Stormwater Practices Inspection and Maintenance Certification (Isaac) Q55 Between January 1, 2017 and December 31, 2017, did you modify your BMPs, measurable goals, or future plans for your construction site stormwater runoff control program? [Part IV.B.] O Yes O No MCM 5: Post-Construction Stormwater Management The following questions refer to Part III.D.5. of the Permit. Q56 Do you have a regulatory mechanism which meets all requirements as specified in Part III.D.5.a. of the Permit? O Yes O No Q57 What approach are you using to meet the performance standard for Volume, Total Suspended Solids (TSS), and Total Phosphorus (TP) as required by the Permit? [Part III.D.5.a.(2)] Check all that apply. Refer to the link http://www.pca.state.mn.us/index.php/view-document.html? gid=17815 for guidance on stormwater management approaches. © Retain a runoff volume equal to one inch times the area of the proposed increase of impervious surfaces on-site ❑ Retain the post-construction runoff volume on site for the 95th percentile storm ❑ Match the pre-development runoff conditions ❑ Adopt the Minimal Impact Design Standards (MIDS) ❑ An approach has not been selected ❑ Other method (Must be technically defensible--e.g. based on modeling, research and acceptable engineering practices) https://survey.mn.gov/siam/surveylanding/printerviewer.asp?sid=746D706C797072643 83... 6/4/2018 MS4 Annual Report for 2017 Q58 Do you have written Enforcement Response Procedures (ERPs) to compel compliance with your post-construction stormwater management regulatory mechanism(s)? [Part III.B.] OO Yes O No Q59 Between January 1, 2017 and December 31, 2017, did you modify your BMPs, measurable goals, or future plans for your post-construction stormwater management program? [Part IV.B.] O Yes O No MCM 6: Pollution Prevention/Good Housekeeping for Municipal Operations The following questions refer to Part III.D.6. of the Permit. Q60 Enter the total number of structural stormwater BMPs, outfalls (excluding underground outfalls), and ponds within your MS4 (exclude privately owned). Structural stormwater 678 BMPs Outfalls 1585 Ponds 868 Q61 Enter the number of structural stormwater BMPs, outfalls (excluding underground outfalls), and ponds that were inspected from January 1, 2017 to December 31, 2017 within your MS4 (exclude privately owned). [Part III.D.6.e.] Structural stormwater 678 BMPs Outfalls 474 Ponds 233 Q62 Have you developed an alternative inspection frequency for any structural stormwater BMPs, as allowed in Part III.D.6.e.(1) of the Permit? O Yes O No Q63 Based on inspection findings, did you conduct any maintenance on any structural stormwater BMPs? [Part III.D.6.e.(1)] O Yes O No Q64 Briefly describe the maintenance that was conducted: Sump cleanouts, cleaning out inlets, removal of vegetation blockages, pipe jetting, pipe repairs, stabilization of erosion gullies, pipe replacements https://survey.mn.gov/siam/surveylanding/printerviewer.asp?sid=746D706C797072643 83... 6/4/2018 MS4 Annual Report for 2017 Q65 Do you own or operate any stockpiles, and/or storage and material handling areas? [Part III.D.6.e.(3)] O Yes O No Q66 Did you inspect all stockpiles and storage and material handling areas quarterly? [Part III.D.6.e.(3)] O Yes O No Q67 Based on inspection findings, did you conduct maintenance at any of the stockpiles and/or storage and material handling areas? O Yes O No Q68 Briefly describe the maintenance that was conducted: Minor cleaning and pushing back of materials ] Q69 Between January 1, 2017 and December 31, 2017, did you modify your BMPs, measurable goals, or future plans for your pollution prevention/good housekeeping for municipal operations program? [Part IV.B.] O Yes O No Partnerships Q78 Did you rely on any other regulated MS4s to satisfy one or more Permit requirements? O Yes O No Additional Information If you would like to provide any additional files to accompany your annual report, use the space below to upload those files. For each space, you may attach one file. You may provide additional explanation and/or information in an email with the subject YourMS4NameHere_2017AR to ms4permitprogram.pca@state.mn.us. Q80 Click the "up arrow" icon below to upload a file. When it has uploaded successfully, a unique ID will appear in the box. Only files less than 10 MB in size will upload. ref:0000000102:Q80 Q81 Click the "up arrow" icon below to upload a file. When it has uploaded successfully, a unique ID will appear in the box. Only files less than 10 MB in size will upload. t https://survey.mn.gov/siam/surveylanding/printerviewer.asp?sid=746D706C797072643 83... 6/4/2018 MS4 Annual Report for 2017 Q82 Click the "up arrow" icon below to upload a file. When it has uploaded successfully, a unique ID will appear in the box. Only files less than 10 MB in size will upload. t Q83 Optional, describe the file(s) uploaded: Optional Question The MPCA is attempting to identify potential sources of water quality data. Answering this question will help the MPCA and interested stakeholders obtain a more comprehensive understanding of sources of data that may be shared and ultimately aid in understanding the extent to which stormwater management practices result in water quality improvements. Q84 Are you collecting water quality data (e.g., from surface waters, outfalls, best management practices, etc.) that is not associated with a waste water treatment plant? O Yes O No Owner or Operator Certification The person with overall administrative responsibility for SWPPP implementation and Permit compliance must certify this MS4 Annual Report. This person must be duly authorized and should be either a principal executive (i.e., Director of Public Works, City Administrator) or ranking elected official (i.e., Mayor, Township Supervisor). https://survey.mn.gov/siam/surveylanding/printerviewer.asp?sid=746D706C797072643 83... 6/4/2018 MS4 Annual Report for 2017 I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete (Minn. R. 7001.0070). I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment (Minn. R. 7001.0540). ❑ Yes By typing my name in the following box, I certify the above statements to be true and correct, to the best of my knowledge, and that information can be used for the purpose of processing my MS4 Annual Report. Name: Title: Date: (mm/dd/yyyy) When you are ready to submit, you must click the 'Submit' button at the bottom of this page. Provide the email(s) of the individual(s) you would like to receive the MS4 Annual Report for 2017 submittal confirmation email from the MPCA. After you click the Submit button below, please allow up to three business days to receive this email. Email (1) Email (2) Email (3) Print or save a copy of your completed MS4 Annual Report for 2017 for your records. The MPCA will email a PDF of your MS4 Annual Report for 2017 information in a confirmation email within three business days after you submit this form to the email(s) you provided above. You may print a copy of the MS4 Annual Report for 2017 for your records by pressing the `Print' button at the bottom of the page. Additionally, it is possible to save a PDF copy of the MS4 Annual Report for 2017 if you are working on a computer with OneNote (a program often included in Microsoft Office packages). Detailed saving instructions are available at stormwater.pca.state.mn.us/index.php/Guidance for saving MS4 annual reports. https://survey.mn.gov/siam/surveylanding/printerviewer.asp?sid=746D706C797072643 83... 6/4/2018 MS4 Annual Report for 2017 If you have any questions, contact MPCA staff Cole Landgraf (cole.Iandgraf@state.mn.us, 651-757-2880) or Megan Handt (megan.handt@state.mn.us, 651-757-2843). https://survey.mn.gov/siam/surveylanding/printerviewer.asp?sid=746D706C797072643 83... 6/4/2018 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar June 12, 2018 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Rick Getschow, City Manager Resolution requesting an electric car charging VIII.J. station be included in the Eden Prairie Library renovation plans Requested Action Move to: Adopt the resolution requesting an electric car charging station to be included in the Eden Prairie Library renovation plans. Synopsis The Eden Prairie Library will begin renovations in late 2018. The City of Eden Prairie supports sustainability efforts and respectfully requests the Eden Prairie Library, in partnership with Hennepin County, to include an electric car charging station in their renovation plans. The Library is frequented by the community and a designated electric car charging station would be an added asset to the community. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2018- _ RESOLUTION REQUESTING AN ELECTRIC CAR CHARGING STATION BE INCLUDED IN THE EDEN PRAIRIE LIBRARY RENOVATION PLANS WHEREAS, the Eden Prairie Library will be undergoing renovation beginning in 2018; and WHEREAS, the residents of the City of Eden Prairie frequent the Eden Prairie Library and an electronic car charging station would serve the community; and WHEREAS, the City Council supports sustainability efforts including promoting the use of electronic vehicles; and WHERAS, conversations have taken place to present options for equipment and grant program funding opportunities. NOW, THEREFORE,BE IT RESOLVED by the Eden Prairie City Council: The City of Eden Prairie respectfully requests the Eden Prairie Library, in partnership with Hennepin County,include an electronic car charging station in the Eden Prairie Library renovation plans. ADOPTED by the Eden Prairie City Council on the 12th day of June, 2018. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar June 12, 2018 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Rick Wahlen Approve Professional Services Agreement with AE2S for VIII.K. Engineering Design&Bidding Services for New Ground Public Works/Utilities Storage Reservoir,Pump Station,and Water Main Requested Action Move to: Approve Professional Services Agreement with Advanced Engineering and Environmental Services (AE2S) for Engineering Design and Bidding Services in the amount of $_374,000_ for the Construction of the City's New Drinking Water Ground Storage Reservoir (GSR), Pump Station, and Water Main. Synopsis Eden Prairie's water utility capital improvement plan calls for the construction of a 2.5 million gallon water storage reservoir and pumping station in 2019. The potential development in early 2019 of the adjacent property presents itself as an opportune time to immediately design both utility and access easements as part of the neighboring project. AE2S is being recommended by staff to provide the engineering design and bidding services for this project. Background Information AE2S has provided engineering services for the city's utilities division since 2006 and began working on the preliminary site plan and basic facility design of this ground storage reservoir in 2015. A discrete, digital model of the water system was developed for the City by AE2S, which was instrumental in the determination of the proper size and configuration of the facility to be designed. No other engineer firm has as much current institutional knowledge of the City's water system, and selection of any other firm would result in the need for more familiarization time with the City's water system and more staff time to orient another firm with Eden Prairie's engineering and contract procedures. In the interest of expedience for this pending development, staff believes AE2S to be the most appropriate firm to represent the City's interests. The GSR was planned in the water utility CIP, was considered in the 2017 Utility Rate Study, and funds for this project are available in the Water Enterprise Fund. Attachments Professional Services Agreement with AE2S Scope of Work 2017 06 01 Agreement for Professional Services This Agreement ("Agreement") is made on the 12th day of June_, 2018, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Advanced Engineering and Environmental Services, Inc. (AE2S)_ ("Consultant"), a Minnesota corporation (hereinafter "Consultant") whose business address is_6901 East Fish Lake Road, Suite 184, Maple Grove, MN 55369_. 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 the engineering design and bidding services for the construction of a new drinking water ground storage reservoir, pump station and associated water main_ 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 _June 12, 2018_ through June 11, 2023 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 $_374,000_ 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. Version 2017 06 01 b. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City. c. If Consultant is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. 4. City Information. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services: a. Access to the Area. Depending on the nature of the Work, Consultant may from time to time require access to public and private lands or property. As may be necessary, the City shall obtain access to and make all provisions for the Consultant to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work. b. Consideration of the Consultant's Work. The City shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Consultant, and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the Consultant. c. Standards. The City shall furnish the Consultant with a copy of any standard or criteria, including but not limited to, design and construction standards that may be required in the preparation of the Work for the Project. d. City's Representative. A person shall be appointed to act as the City's representative with respect to the work to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the services provided or materials, equipment, elements and systems pertinent to the work covered by this Agreement. 5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an itemized invoice for professional services performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City for: a. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall indicate for each employee, his or her name, job title, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Consultant shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Consultant shall provide an itemized listing and such Page 2 of 10 2017 06 01 documentation as reasonably required by the City. Each invoice shall contain the City's project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract. b. Suspended Work. If any work performed by the Consultant is suspended in whole or in part by the City, the Consultant shall be paid for any services set forth on Exhibit A performed prior to receipt of written notice from the City of such suspension. c. Payments for Special Consultants. The Consultant shall be reimbursed for the work of special consultants, as described herein, and for other items when authorized in writing by the City. d. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: "I declare under penalty of perjury that 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 designate a Project Manager and notify the City in writing of the identity of the Project Manager before starting work on the Project. The Project Manager shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. 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. Page 3 of 10 2017 06 01 9. Subcontractor. The Consultant shall not enter into subcontracts for services provided under this Agreement except as noted in the Scope of Work, without the express written consent of the City. The Consultant shall pay any subcontractor involved in the performance of this Agreement within ten (10) days of the Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. If the 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 Page 4 of 10 2017 06 01 Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products- completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. d. 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 Page 5 of 10 2017 06 01 loss or damage resulting from the negligence or fault of anyone other than the Consultant or others for whom the Consultant is legally liable. k. Consultant agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City's written acceptance of the Work. 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 Page 6 of 10 2017 06 01 this indemnity shall be construed and applied in favor of indemnification. Consultant also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Consultant to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Consultant's insurance company. Consultant will take the action required by the City within fifteen(15) days of receiving notice from the City. 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 Page 7 of 10 2017 06 01 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 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 EXHIBIT A—SCOPE OF WORK Engineering Design and Bidding Services for Construction of New Drinking Water Ground Storage Reservoir,Pump Station,and Water Main. Project Understanding The City of Eden Prairie is committed to advancing plans for design and construction of a new ground storage reservoir and pump station. The Project primarily consists of the design of a new 2.5 million gallon (MG) pre-stressed concrete reservoir, 6,500 gallon-per-minute (gpm) pumping station, 20-inch water main, and associated sitework. Coordination of the project will involve communication with the following stakeholders; • Minnesota Department of Transportation (MnDOT) • Hennepin County • Hennepin County Rail Authority • Three Rivers Park District • Eden Prairie Historical Society • Adjacent Property Owners Permitting and regulatory requirements will include the following; • MnDOT • Riley Purgatory Bluff Creek Watershed District • Hennepin County Roads • Hennepin County Regional Rail Authority • Three Rivers Park District • Minnesota Department of Health (MDH) • Minnesota Pollution Control Agency (MPCA) Scope of Work A. The Scope of Work consists of Schematic Design, Preliminary Design, Final Design, and Bidding Phase Services for the new GSR, Pump Station, and Water Main. B. The Project is generally defined as follows: 1. Sitework (SW) a) The new GSR and pump station are proposed to be located on the existing City of Eden Prairie property purchased from MnDOT along the Highway 212 corridor. The site is located approximately 1,500 feet east of Eden Prairie Road along the north right of way between the highway and the Three Rivers Park District trail. b) Construction access will likely be through an easement with MnDOT from Eden Prairie Road. Additional temporary construction easements will likely be necessary from MnDOT for facilitating construction. c) Access road, parking lot, security fencing, and associated site landscaping for new site. d) Storm water management and water resources systems as required to comply with storm water requirements. e) Sanitary sewer service. EXHIBIT A—SCOPE OF WORK Engineering Design and Bidding Services for Construction of New Drinking Water Ground Storage Reservoir,Pump Station,and Water Main. f) Utilize field surveys and topographic and utility mapping provided by Owner for design purposes as related to the Project. Utility mapping will be based upon information obtained from utility owners. g) The site shall be planned for a second 2.5 MG reservoir. 2. Ground Storage Reservoir (GSR) a) One (1) partially buried 2.5 MG prestressed concrete tank. b) Inlet, outlet, overflow, and drain piping. c) Tank baffling and mixing system. d) Level sensing system. e) Architectural features on exposed tank area. f) Evaluate roof type for potential green features. 3. Pump Station (PS) a) Tank fill control valves and piping (may be a separate vault). b) Pumping system. c) Discharge piping, valves, and meters. d) Lower level pump/piping gallery low enough to utilize the full tank volume. e) Drain sump in lower level. f) Operating level with pump access, mechanical and electrical areas, and bathroom facilities. g) Mechanical components associated with the pump station including, but not limited to heating, cooling, ventilation, dehumidification, and general mechanical requirements. Include an analysis of potential heat recovery system. h) Electrical components associated with the pump station. a. Facility electrical systems, as applicable, including electric service entrance and metering, lighting, ancillary building support systems, and general electrical requirements. b. Process electrical for pumps and equipment. c. Standby generator sized to meet emergency and load management electrical requirements at the new pump station. d. Security features are to include intrusion alarms, electric operated controls on all exterior doors, and strategic site lighting. Additional items may include video surveillance, motion detection equipment, site perimeter fencing, and/or access control. i) Instrumentation and Control (I&C) components associated with the new WTP. a. Instrumentation and control system configuration. b. Programmable Logic Controller (PLC). c. Operator Interface Terminal (OIT). d. Radio telemetry system. j) Architectural and structural components associated with the new pump station. a. Desire to have the building be of a style that is reminiscent of the old Washburn railroad depot. b. Feature from trail showing historical aspect of the site/location. 2. Water Main (WM) EXHIBIT A—SCOPE OF WORK Engineering Design and Bidding Services for Construction of New Drinking Water Ground Storage Reservoir,Pump Station,and Water Main. a) 20-inch water main from Eden Prairie Road to the site (approximately 1,500 If). b) Connection to existing water main along Eden Prairie Road. c) Connections to new pump station discharge and tank fill lines. C. Schematic Design Phase Services 1. Upon written authorization from Owner, Engineer shall: a) Coordinate, prepare for, and conduct a project team kick-off meeting attended by OWNER, ENGINEER, and ENGINEER's Consultants. b) Prepare Schematic Design Phase documents consisting of preparing technical memorandums documenting decisions and evaluations for site work, the ground storage reservoir, and the pump station; three (3) conceptual site layouts; three (3) architectural building concepts; and two (2) conceptual water main routing options. The intent of schematic design is to provide enough detail so that project stakeholders can review concepts and provide input on major decisions prior to the creation of detailed plans and specifications. c) Perform comprehensive review of building codes, fire codes, mechanical/plumbing codes, and electrical codes as required and as applicable to the Project. Provide a summary of all pertinent code requirements to ENGINEER and utilize all pertinent code requirements when designing components of the Project. d) Two (2) meetings with OWNER and project stakeholders, as appropriate, to review the conceptual site layouts, architectural building concepts, and conceptual water main routing. D. Preliminary Design (30%) Phase Services 1. Upon written authorization from Owner, Engineer shall: a) Prepare Preliminary Design Phase documents consisting of final design criteria, preliminary drawings, outline specifications, and written descriptions of the Project. b) Advise Owner if additional reports, data, information, or services are necessary and assist Owner in obtaining such reports, data, information, or services. c) Prepare a preliminary pump station and GSR layout based on Schematic Design for the use by Project Team during Preliminary Design. Layout will also include preliminary architectural design and layout of the pump station. d) Based on the decisions made in the Schematic Design, prepare a revised opinion of probable Construction Cost, and assist Owner in collating the various cost categories which comprise Total Project Costs. EXHIBIT A—SCOPE OF WORK Engineering Design and Bidding Services for Construction of New Drinking Water Ground Storage Reservoir,Pump Station,and Water Main. e) Perform preliminary structural engineering design calculations for pump station structures, and roof system. Preliminary design calculations are to address type, configuration, support system requirements, and construction methods. f) Perform preliminary engineering calculations to size proposed pumping systems and associated electrical system(s). g) Perform preliminary mechanical calculations for pump station heating, cooling, ventilation, and dehumidification systems. h) Perform preliminary engineering calculations to size and layout pump station low and high voltage building electrical systems, as applicable, including electric service entrance and metering, lighting, heating, cooling, ventilation, dehumidification, pumping, and general electrical requirements. i) Perform preliminary standby power generator sizing calculations per pumping system and OWNER requirements. Based on preliminary generator sizing calculations, select a generator to satisfy pumping system and facility needs. j) Identify site power source(s) from local power utility and perform preliminary electrical service calculations and layout preliminary power grid for GSR and pump station site. k) Perform preliminary instrumentation and control system configuration engineering. I) Develop a pump station floor plan and site layout based on completed preliminary calculations. Preliminary layouts to address the pumping systems, mechanical systems, low and high voltage site and facility electrical systems, instrumentation and controls, personnel areas, site and structure access, and standby power generation and associated fuel system requirements. m) Prepare preliminary site design and layout for the Project site. Considerations to include, but not be limited to; site access, parking and loading/unloading zones, stormwater management, landscaping, and preliminary design of sustainable site design features. n) Develop a preliminary colored architectural rendering including plan and elevation views of the pump station and associated site layout and landscaping. o) Evaluate the integration of responsible, sustainable, and resilient design features throughout the project; including, but not limited to: electrical and mechanical systems, treatment processes, building/architectural design, and exterior landscaping consistent with the Owner's vision for the project. EXHIBIT A—SCOPE OF WORK Engineering Design and Bidding Services for Construction of New Drinking Water Ground Storage Reservoir,Pump Station,and Water Main. p) Two (2) Meetings with OWNER and project stakeholders, as appropriate, to review the site layout, pump station floor plan, water main route, and architectural rendering of selected concept. q) Meet with representatives of the OWNER and the Minnesota Department of Health to review the revised preliminary pump station and GSR floor plans, site layout, and preliminary process system design. r) Develop an outline of anticipated specifications sections for the Project. k) 30 Percent Design Completion Milestone: a. Prepare and submit to OWNER three (3) review copies of a draft Preliminary Design submittal which will include preliminary detailed site layout, access, and utility maps, major system component sizing calculations, a summary of pump station structural components and construction methods, preliminary pumping system hydraulic design calculations, mechanical system calculations, standby power generation, low voltage building electrical calculations, electrical service calculations, interior and exterior architectural layout and landscaping components, instrumentation and control system information, preliminary GSR and pump station layout drawings, a colored architectural rendering, a preliminary outline of specification sections, and a summary of Final Design criteria. b. Coordinate, prepare for, and conduct a 30% project team meeting attended by OWNER, ENGINEER, and ENGINEER's Consultants to discuss technical aspects of the Preliminary Design 2. Engineer's services under the Preliminary Design Phase will be considered complete on the date when the revised Preliminary Design Phase documents, revised opinion of probable Construction Cost, and any other deliverables have been delivered to Owner. E. Final Design (60, 90, 100%) Phase Services 1. After acceptance by Owner of the Preliminary Design Phase documents, revised opinion of probable Construction Cost as determined in the Preliminary Design Phase, and any other deliverables subject to any Owner-directed modifications or changes in the scope, extent, character, or design requirements of or for the Project, and upon written authorization from Owner, Engineer shall: a) Prepare final Drawings and Specifications indicating the scope, extent, and character of the Work to be performed and furnished by Contractor. If appropriate, Specifications shall conform to the 2004 Master Format of the Construction Specifications Institute. b) 60 Percent Design Completion Milestone: EXHIBIT A—SCOPE OF WORK Engineering Design and Bidding Services for Construction of New Drinking Water Ground Storage Reservoir,Pump Station,and Water Main. a. Prepare and submit to OWNER three (3) copies of a draft 60 percent Final Design submittal including Drawings and Specifications indicating the scope, extent, and character of the Work to be performed and furnished by Contractor, an updated opinion of Total Project Costs, and an updated Project schedule. b. Coordinate, prepare for, and conduct a 60% project team meeting attended by OWNER, ENGINEER, and ENGINEER's Consultants to discuss the technical aspects of the submittal prior to completion of the 60 percent Final Design submittal. c) 90 Percent Design Completion Milestone: a. Prepare and submit to OWNER three (3) copies of the 90 percent Final Design submittal including Drawings and Specifications and a revised Architectural Rendering indicating the scope, extent, and character of the Work to be performed and furnished by Contractor, an updated opinion of Total Project Costs, and an updated Project schedule. b. Coordinate, prepare for, and conduct a 90% project team meeting attended by OWNER, ENGINEER, and ENGINEER's Consultants to discuss the technical aspects of Final Design prior to completion of the 90 percent Final Design submittal. d) Prepare 100 percent Final Design Drawings and Specifications and submit three (3) copies of Final Plans and Specification to OWNER along with an updated opinion of Total Project Costs. e) Submit three (3) copies of the Final Plans and Specifications to governmental authorities for review and approval. OWNER shall bear all costs associated with plan review and associated fees from governmental authorities. f) Present Final Plans and Specifications and updated opinion of Total Project Costs to the City of Eden Prairie. g) Provide technical criteria, written descriptions, and design data for Owner's use in filing applications for permits from or approvals of governmental authorities having jurisdiction to review or approve the final design of the Project; assist Owner in consultations with such authorities; and revise the Drawings and Specifications in response to directives from such authorities. h) Two (2) meetings with OWNER and project stakeholders, as appropriate, to review the final design documents. i) Advise Owner of any adjustments to the opinion of probable Construction Cost known to Engineer. EXHIBIT A—SCOPE OF WORK Engineering Design and Bidding Services for Construction of New Drinking Water Ground Storage Reservoir,Pump Station,and Water Main. j) Prepare and furnish Bidding Documents for review by Owner, its legal counsel, and other advisors, and assist Owner in the preparation of other related documents. k) Revise the Bidding Documents in accordance with comments and instructions from the Owner, as appropriate, and submit three (3)final copies of the Bidding Documents, a revised opinion of probable Construction Cost, and any other deliverables to Owner within 10 calendar days after receipt of Owner's comments and instructions. 2. Engineer's services under the Final Design Phase will be considered complete on the date when the required submittals have been delivered to Owner. F. Bidding Phase Services 1. After acceptance by Owner of the Bidding Documents and the most recent opinion of probable Construction Cost as determined in the Final Design Phase, and upon written authorization by Owner to proceed, Engineer shall provide the following services for Contract No.1 — Eden Prairie Depot GSR and Pump Station. a) Assist Owner in advertising for and obtaining bids or proposals for the Work and, where applicable, maintain a record of prospective bidders to whom Bidding Documents have been issued, attend pre-Bid conferences, if any, and receive and process contractor deposits or charges for the Bidding Documents. b) Issue Addenda as appropriate to clarify, correct, or change the Bidding Documents. c) Provide information or assistance needed by Owner in the course of any negotiations with prospective contractors. d) Consult with Owner as to the acceptability of subcontractors, suppliers, and other individuals and entities proposed by prospective contractors for those portions of the Work as to which such acceptability is required by the Bidding Documents. e) Evaluate and determine the acceptability of substitute or"or-equal" materials and equipment proposed by Contractor(s) during the Bidding Phase. b) Facilitate a Pre-Bid Meeting for prospective Contractors to review site conditions and discuss project elements prior to bidding. EXHIBIT A—SCOPE OF WORK Engineering Design and Bidding Services for Construction of New Drinking Water Ground Storage Reservoir,Pump Station,and Water Main. c) Attend the Bid opening, prepare Bid tabulation sheets, and assist Owner in evaluating Bids or proposals and in assembling and awarding contracts for the Work. 2. The Bidding or Negotiating Phase will be considered complete upon commencement of the Construction Phase or upon cessation of negotiations with prospective contractors. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar June 12, 2018 DEPARTMENT/DIVISION: ITEM DESCRIPTION: IC 18809 ITEM NO.: Public Works/Engineering Award Contract to Bituminous Roadways for the VIII.L. Molly Swanson Valley View Road Trail Rehabilitation Project Requested Action Move to: Award contract for the Valley View Road Trail Rehabilitation to Bituminous Roadways in the amount of$213,268.75. Synopsis Sealed bids were received Thursday, May 31st for this project. Six bids were received with the lowest bid in the amount of$213,268.75 from Bituminous Roadways. Background Information The scope of the project is to reconstruct an 8' wide bituminous trail on the south side of Valley View Road from Eden Prairie Road(CSAH 4) to Mitchell Road(CSAH 60), including the reconstruction of a number of ADA compliant pedestrian ramps. The project will take approximately six weeks to construct and has a final completion date of September 28th, 2018. The funding for this trail project will primarily come from the Capital Maintenance and Reinvestment Fund. Bid Summary and Recommendation The summary of the bids submitted is as follows: Bituminous Roadways $213,268.75 Minnesota Roadways $224,053.00 Midwest Asphalt Services $241,640.00 Northwest Asphalt $298,155.75 Urban Companies $318,687.50 Barber Construction $336,935.00 Staff's estimate for this construction project was $328,932.50. Each of the bidders met the guidelines as detailed in the bid specifications document. Staff recommends the contract be awarded to Bituminous Roadways. Attachment Form of Contract SHORT FORM CONSTRUCTION CONTRACT THIS AGREEMENT, made and executed this day of 20_, by and between City of Eden Prairie hereinafter referred to as the "CITY", and Bituminous Roadways, hereinafter referred to as the "CONTRACTOR", WITNESSETH: CITY AND CONTRACTOR, for the consideration hereinafter stated, agrees as follows: CONTRACTOR hereby covenants and agrees to perform and execute all the provisions of the Plans and Specifications prepared by the Public Works Department referred to in Paragraph IV, as provided by the CITY for: 18809 Valley View Road Trail Rehabilitation CONTRACTOR further agrees to do everything required by this Agreement and the Contract Document. II. CITY agrees to pay and CONTRACTOR agrees to receive and accept payment in accordance with the prices bid for the unit or lump sum items as set forth in the Proposal Form attached hereto which prices conform to those in the accepted CONTRACTOR'S proposal on file in the office of the City Engineer. The aggregate sum of such prices,based on estimated required quantities is estimated to be $213,268.75. III. Payments to CONTRACTOR by City shall be made as provided in the Contract Documents. IV. The Contract Documents consist of the following component parts: (1) Legal and Procedural Documents a. Advertisement for Bids b. Instruction to Bidders b. Proposal Form c. Construction Short Form Agreement d. Contractor's Performance Bond e. Contractor's Payment Bond (2) Special Conditions (3) Detail Specifications (4) General Conditions (5) Plans (6) Addenda and Supplemental Agreements The Contract Documents are hereby incorporated with this Agreement and are as much a part of this Agreement as if fully set forth herein. This Agreement and the Contract Documents are the Contract. V. CONTRACTOR agrees to fully and satisfactorily complete the work contemplated by this Agreement in accordance with the following schedule: Or in accordance with the Contract Documents. VI. This Agreement shall be executed in two (2) copies. IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands and seals as of the date first above written. In Presence Of: CITY OF EDEN PRAIRIE By Its City Mayor By Its City Manager CONTRACTOR In Presence Of: By Its Its CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar June 12, 2018 DEPARTMENT/DIVISION: ITEM DESCRIPTION: IC 18816 ITEM NO.: Public Works/Engineering Award Contract to Standard Sidewalk Inc. for the VIII.M. Molly Swanson Eden Prairie 2018 Sidewalk Project Requested Action Move to: Award contract for the Eden Prairie 2018 Sidewalk Project to Standard Sidewalk Inc. in the amount of$282,612.25. Synopsis Sealed bids were received Tuesday, June 5th for this project. Three bids were received with the lowest bid in the amount of$282,612.25 from Standard Sidewalk Inc. Background Information The scope of the project includes construction of concrete sidewalks in two locations within the City as well as ADA compliant pedestrian ramps at three locations. Concrete sidewalk is proposed along the east side of Prairie Center Drive between Prairie Lakes Drive and W. 78th Street and the north side of Prairie Lakes Drive, east of Preswick Drive to the intersection of Prairie Lakes Drive and Preswick Drive. New pedestrian ramps are proposed at the intersections of Anderson Lakes Parkway and Amsden Way, Dell Road and Cascade Drive, and along Riley Lake Road. Contractor must complete all curb and bituminous patching work at the Dell Road/Cascade Drive intersection and along Riley Lake Road by July 31st, 2018. Final completion of these two areas is required by July 25th, 2018. Contractor must complete all other work required by September 28th, 2018. The funding for this trail project will primarily come from the Capital Maintenance and Reinvestment Fund. Bid Summary and Recommendation The summary of the bids submitted is as follows: Standard Sidewalk, Inc. $282,612.25 G.L. Contracting, Inc. $297,788.30 G Urban Companies, Inc. $330,018.75 Staff's estimate for this construction project was $315,460.00. Each of the bidders met the guidelines as detailed in the bid specifications document. Staff recommends the contract be awarded to Standard Sidewalk Inc. Attachment Form of Contract SHORT FORM CONSTRUCTION CONTRACT THIS AGREEMENT, made and executed this day of 20_, by and between City of Eden Prairie hereinafter referred to as the "CITY", and Standard Sidewalk Incorporated, hereinafter referred to as the "CONTRACTOR", WITNESSETH: CITY AND CONTRACTOR, for the consideration hereinafter stated, agrees as follows: CONTRACTOR hereby covenants and agrees to perform and execute all the provisions of the Plans and Specifications prepared by the Public Works Department referred to in Paragraph IV, as provided by the CITY for: 18816 Eden Prairie 2018 Sidewalk Projects CONTRACTOR further agrees to do everything required by this Agreement and the Contract Document. II. CITY agrees to pay and CONTRACTOR agrees to receive and accept payment in accordance with the prices bid for the unit or lump sum items as set forth in the Proposal Form attached hereto which prices conform to those in the accepted CONTRACTOR'S proposal on file in the office of the City Engineer. The aggregate sum of such prices,based on estimated required quantities is estimated to be $282,612.25. III. Payments to CONTRACTOR by City shall be made as provided in the Contract Documents. IV. The Contract Documents consist of the following component parts: (1) Legal and Procedural Documents a. Advertisement for Bids b. Instruction to Bidders b. Proposal Form c. Construction Short Form Agreement d. Contractor's Performance Bond e. Contractor's Payment Bond (2) Special Conditions (3) Detail Specifications (4) General Conditions (5) Plans (6) Addenda and Supplemental Agreements The Contract Documents are hereby incorporated with this Agreement and are as much a part of this Agreement as if fully set forth herein. This Agreement and the Contract Documents are the Contract. V. CONTRACTOR agrees to fully and satisfactorily complete the work contemplated by this Agreement in accordance with the following schedule: Or in accordance with the Contract Documents. VI. This Agreement shall be executed in two (2) copies. IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands and seals as of the date first above written. In Presence Of: CITY OF EDEN PRAIRIE By Its City Mayor By Its City Manager CONTRACTOR In Presence Of: By Its Its City of Eden Prairie I.C.#18816-2018 Sidewalk Projects 5/18/2018 Bid Tabulation Engineer's Estimate Standard Sidewalk,Inc. G.L.Contracting,Inc. G Urban Companies,Inc. Line I Item No. Item Description Unit Quantity Unit Price Total Unit Price Total Amount Unit Price Total Amount Unit Price Total Amount Amount 1 2021.501 Mobilization LS 1 $35,000.00 $35,000.00 $17,500.00 $17,500.00 $16,560.00 $16,560.00 $27,500.00 $27,500.00 2 2101.524 Tree Removal-Clear&Grub EA 27 $250.00 $6,750.00 $600.00 $16,200.00 $267.80 $7,230.60 $600.00 $16,200.00 3 2104.503 Remove Curb&Gutter LF 555 $5.00 $2,775.00 $5.00 $2,775.00 $14.30 $7,936.50 $10.00 $5,550.00 4 2104.503 Sawing Bituminous Pavement(Full Depth) LF 670 $5.00 $3,350.00 $6.00 $4,020.00 $4.30 $2,881.00 $7.00 $4,690.00 5 2104.518 Remove Concrete Walk SF 1,870 $3.00 $5,610.00 $2.00 $3,740.00 $2.60 $4,862.00 $2.00 $3,740.00 6 2104.518 Remove Bituminous Trail SF 1,690 $3.00 $5,070.00 $2.50 $4,225.00 $2.60 $4,394.00 $2.00 $3,380.00 7 2104.518 Remove Bituminous Pavement SF 2,130 $5.00 $10,650.00 $2.50 $5,325.00 $2.60 $5,538.00 $2.00 $4,260.00 8 2106.507 Common Excavation(P) CY 135 $50.00 $6,750.00 $13.50 $1,822.50 $68.30 $9,220.50 $100.00 $13,500.00 9 2106.507 Select Granular(CV)-MNDOT 3149.2B2 CY 173 $25.00 $4,325.00 $40.00 $6,920.00 $74.70 $12,923.10 $50.00 $8,650.00 10 2211.507 Aggregate Base Cl 5(Crushed Quarry Rock)(CV) CY 36 $50.00 $1,800.00 $50.00 $1,800.00 $64.30 $2,314.80 $50.00 $1,800.00 11 2231.509 Bituminous Patching Mixture-SPNWB240B SF 1,100 $20.00 $22,000.00 $15.00 $16,500.00 $19.30 $21,230.00 $25.00 $27,500.00 12 2301.504 7"Concrete Pavement SF 380 $30.00 $11,400.00 $12.75 $4,845.00 $12.00 $4,560.00 $13.00 $4,940.00 13 2521.518 4"Concrete Pavement SF 220 $10.00 $2,200.00 $10.30 $2,266.00 $8.40 $1,848.00 $12.00 $2,640.00 14 2521.518 5"Concrete Walk-MNDOT 2521 SF 10,325 $10.00 $103,250.00 $12.75 $131,643.75 $8.60 $88,795.00 $9.75 $100,668.75 15 2531.503 Concrete Curb and Gutter Design B618 LF 430 $25.00 $10,750.00 $40.00 $17,200.00 $37.90 $16,297.00 $40.00 $17,200.00 16 2531.503 Concrete Curb and Gutter Design B624 LF 210 $25.00 $5,250.00 $45.00 $9,450.00 $39.70 $8,337.00 $40.00 $8,400.00 17 2531.618 Truncated Domes SF 452 $40.00 $18,080.00 $40.00 $18,080.00 $72.40 $32,724.80 $75.00 $33,900.00 18 2563.601 Traffic Control LS 1 $5,000.00 $5,000.00 $7,500.00 $7,500.00 $20,725.00 $20,725.00 $26,000.00 $26,000.00 19 2572.503 Clean Root Cutting LF 300 $150.00 $45,000.00 $5.00 $1,500.00 $11.90 $3,570.00 $5.00 $1,500.00 20 2571.602 Tree Protection EA 17 $300.00 $5,100.00 $100.00 $1,700.00 $595.00 $10,115.00 $400.00 $6,800.00 21 2573.502 Inlet Protection EA 12 $150.00 $1,800.00 $75.00 $900.00 $535.50 $6,426.00 $375.00 $4,500.00 22 2573.503 Biolog or approved equal LF 500 $5.00 $2,500.00 $5.00 $2,500.00 $6.00 $3,000.00 $5.00 $2,500.00 23 2573.503 Silt Fence LF 1,050 $1.00 $1,050.00 $4.00 $4,200.00 $6.00 $6,300.00 $4.00 $4,200.00 Total of Bid $315,460.00 $282,612.25 $297,788.30 $330,018.75 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar June 12, 2018 DEPARTMENT/DIVISION: ITEM DESCRIPTION: IC# 18815 ITEM NO.: Leslie Stovring Approve Agreement for Phase VII Pond Inventory VIII.N. Public Works/Engineering and Inspection Program with Wenck Associates Requested Action Move to: Approve the Professional Services Agreement for the Phase VI Pond Inventory and Inspection Program with Wenck Associates in the amount of$30,430. Synopsis The proposal from Wenck is to provide an inventory of the stormwater ponding system within the subwatersheds for Round Lake. The inventory will be used to select projects for completion after 2020. This project is the next step towards completing the city-wide stormwater treatment inventory required by the Minnesota Pollution Control Agency. The cost of pond inventory will be paid out of the stormwater utility. Background Information The City has been working on inventorying our stormwater system since 2003. The current inspection program includes visual inspection of stormwater treatment areas (including lakes, ponds, wetlands, ditches, raingardens, drainage swales and creek segments) to identify problems that require repair. The scope of work that will be used to complete the inventory was approved by the MPCA on April 18, 2011. The City has identified approximately 15 water bodies that will require analysis within this study area. The services Wenck will provide include items such as the following: • Survey current pond depth and bathymetric contours for each selected water body. • Compare existing conditions with as-built information. • Calculate the removal efficiency(%) for phosphorus and sediment for each pond. • Determine which ponds need sediment removal. • Develop models (P8 and BATHTUB) to evaluate the watershed and the stormwater runoff entering the study area. • Determine whether opportunities exist to upgrade functionality of the ponds in areas where additional treatment may benefit the lake. The estimated cost is $30,430 based on analysis of 15 water bodies and Round Lake within the study area. Costs will be paid from the storm water utility fund. Attachment Agreement 2017 06 01 Agreement for Professional Services This Agreement ("Agreement") is made on the 29th day of May,. 2018, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Wenck Associates, Inc("Consultant") Minnesota corporation (hereinafter "Consultant") whose business address is 7500 Highway 55, Suite 300, Golden Valley, MN 55427. 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 General Water Resources Engineering Services hereinafter referred to as the "Work". The City and Consultant agree as follows: 1. Scope of Work. The Consultant agrees to provide the professional services shown in Exhibit A (Letter from Wenck to the City of Eden Prairie Dated May 25,2018) 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 June 1 ., 2018 through February 1 , 2019 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 $ 30, 430 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 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 Page 3 of 10 2017 06 01 has received payment by the City, the Consultant shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of$100 or more is $10. For an unpaid balance of less than$100,the Consultant shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Consultant shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 10. Independent Consultant. Consultant is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Agreement, who shall be employees, and under the direction, of Consultant and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Consultant an employee of the City. 11. Insurance. a. General Liability. Prior to starting the Work, Consultant shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Consultant or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. b. Consultant shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker's Compensation Statutory Limits Employer's Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General $1,000,000 property damage and bodily Liability injury per occurrence $2,000,000 general aggregate $2,000,000 Products—Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Page 4 of 10 2017 06 01 Umbrella or Excess Liability $1,000,000 c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products- completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. d. Professional Liability Insurance. In addition to the coverages listed above, Consultant shall maintain a professional liability insurance policy in the amount of $2,000,000. Said policy need not name the City as an additional insured. It shall be Consultant's responsibility to pay any retention or deductible for the professional liability insurance. Consultant agrees to maintain the professional liability insurance for a minimum of two (2) years following termination of this Agreement. e. Consultant shall maintain "stop gap" coverage if Consultant obtains Workers' Compensation coverage from any state fund if Employer's liability coverage is not available. f. All policies, except the Worker's Compensation Policy, Automobile Policy, and Professional Liability Policy, shall name the "City of Eden Prairie" as an additional insured including products and completed operations. g. All policies, except the Professional Liability Policy, shall apply on a "per project" basis. h. All General Liability policies, Automobile Liability policies and Umbrella policies shall contain a waiver of subrogation in favor of the City. i. All policies, except for the Worker's Compensation Policy and the Professional Liability Policy, shall be primary and non-contributory. j. All polices, except the Worker's Compensation Policy, shall insure the defense and indemnity obligations assumed by Consultant under this Agreement. The Professional Liability policy shall insure the defense and indemnity obligations assumed by Consultant under this Agreement except with respect to the liability for loss or damage resulting from the negligence or fault of anyone other than the Consultant or others for whom the Consultant is legally liable. k. Consultant agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City's written acceptance of the Work. Page 5 of 10 2017 06 01 1. It shall be Consultant's responsibility to pay any retention or deductible for the coverages required herein. m. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty(30) days' prior notice to the City, except that if the cancellation or non- renewal is due to non-payment, the coverages may not be terminated or non-renewed without ten (10) days' prior notice to the City. n. Consultant shall maintain in effect all insurance coverages required under this Paragraph at Consultant's sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. o. A copy of the Consultant's Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Consultant's Work. Upon request a copy of the Consultant's insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Consultant has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Consultant of any deficiencies in such documents and receipt thereof shall not relieve Consultant from, nor be deemed a waiver of, City's right to enforce the terms of Consultant's obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. p. Effect of Consultant's Failure to Provide Insurance. If Consultant fails to provide the specified insurance, then Consultant will defend, indemnify and hold harmless the City,the City's officials,agents and employees from any loss,claim,liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City(including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that this indemnity shall be construed and applied in favor of indemnification. Consultant also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. Page6of10 2017 06 01 If a claim arises within the scope of the stated indemnity, the City may require Consultant to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Consultant's insurance company. Consultant will take the action required by the City within fifteen (15) days of receiving notice from the City. 12. Indemnification. Consultant will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney's fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Consultant, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Consultant, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Consultant harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 13. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement ("Information") shall become the property of the City, but Consultant may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Consultant also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Agreement ("Project") does not relieve any liability on the part of the Consultant, but any use of the Information by the City or the Consultant beyond the scope of the Project is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 14. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof GENERAL TERMS AND CONDITIONS Page 7 of 10 2017 06 01 15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 16. Compliance with Laws and Regulations. In providing services hereunder, the Consultant shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 17. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. 18. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. 19. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 20. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to termination of this Agreement and for one (1) year thereafter, without prior written consent of the former employer in each case. 21. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys'fees paid or incurred by the City in connection with the enforcement by the City during the term of this Agreement or thereafter of any of the rights or remedies of the City under this Agreement. 22. Entire Agreement, Construction, Application and Interpretation. This Agreement is in furtherance of the City's public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Non-Discrimination. During the performance of this Agreement,the Consultant shall not discriminate against any employee or applicants for employment because of race, color, Page8of10 2017 06 01 creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Consultant shall post in places available to employees and applicants for employment, notices setting forth the provision of this non- discrimination clause and stating that all qualified applicants will receive consideration for employment. The Consultant shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Consultant further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et, seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 25. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Agreement if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized,reputable overnight courier,properly addressed to the address listed on page 1 hereof Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 26. Rights and Remedies. The duties and obligations imposed by this Agreement and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 27. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City. 28. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 29. Statutory Provisions. a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the Consultant or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement. b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Consultant under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. This Agreement is subject to the Minnesota Government 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, Page 9 of 10 2017 06 01 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: Joe Bischoff Its: Principal Page l0 of l0 2017 06 01 voy WENCK Exhibit A Proposed Scope of Services The Wenck team proposes to provide the City of Eden Prairie with the seventh phase of engineering consultant services expanding the previous basin inventory and maintenance assessments. Wenck's approach will build upon previous Phases I through VI. The total cost for Phase VII will not exceed $30,430 without prior approval from the City. Task 1 — Stormwater System Analysis This task consists of identifying the basins the City is responsible for maintaining, selecting basins for further field evaluation, and delineating the subwatersheds to each basin. Basin identification will be coordinated with City staff to determine which basins are located on City property, within City right-of-way, or under a drainage and utility easement. We expect to locate basins on City property and within City right-of-way using GIS-based parcel information from the City. The subwatersheds for each basin will be delineated using LiDAR contours and storm sewer information. Task 2 — Sedimentation Survey For Task 2, Wenck will visually inspect and perform a bathymetric survey for each basin identified in Task 1. The inspection and survey for basins in the Round Lake subwatershed will be conducted in summer of 2018. The inspection and survey information will be used to determine if maintenance is required and assess the basin pollutant removal performance (Task 3). Task 3 — Basin Analysis Task 3 analyzes the data collected from Task 2 to determine the sedimentation level, pollutant removal effectiveness of the basin, and, ultimately, which basins need sediment removal. The basin analysis for Rice Marsh Lake will be conducted in the summer/fall of 2018. GIS mapping software will be used to analyze the data collected in the field to determine the existing and depth to refusal volume. Water quality modeling software will also be used to determine if the basin provides sufficient removal efficiencies of sediment and phosphorus. Task 4 — Data Analysis, Lake Response Model and Results Evaluation The purpose of Task 5 is to provide the City with an expanded assessment of City basin performance in the Round Lake subwatershed. A lake response model will be completed for Round Lake and utilize the BATHTUB from the US Army Corp of Engineers. Sediment cores will also be collected to measure phosphorus release in sediment. Task 5 — Technical Memo Upon completion of the analysis of Round Lake, Wenck will complete a final technical memo that summarizes the methods, results, and recommendations for maintenance. Wenck I Colorado I Georgia I Minnesota I North Dakota I Wyoming Toll Free 800-472-2232 Web wenck.com CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar June 12, 2018 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Jim Richardson Approve Resolution Authorizing Execution of VIII.O. Limited Use Permit for Plaza Public Works/Engineering Landscaping/Streetscaping Purposes with MnDOT. Requested Action Move to: Approve Resolution Authorizing Execution of Limited Use Permit for Landscaping/Streetscaping Purposes with MnDOT. Synopsis The landscaping/streetscaping, which is being constructed as part of the Elevate Apartments development, requires a Limited Use Permit with MnDOT. The permit allows the Developer to construct. The City will maintain, and operate the plaza space to include landscaping, benches and decorative brickwork which will be located within MnDOT right-of-way. Background Information As part of the Elevate Apartments Project the Developer has planned to construct the plaza space to include pedestrian benches,planters and landscaping. As part of MnDOT's requirements, the City must apply for the Limited Use Permit on the Developer's behalf. Financial Implications The developer, Frana Companies, is responsible for all costs associated with this project. Attachments Resolution Draft Limited Use Permit CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2018- LIMITED USE PERMIT WITH MnDOT FOR PLAZA LANDSCAPING/STREETSCAPING IN THE RIGHT- OF-WAY OF TH 212 AT PRAIRIE CENTER DRIVE AND TECHNOLOGY DRIVE WHEREAS, the City of Eden Prairie is a political subdivision, organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council of the City of Eden Prairie has approved a plan to construct plaza landscaping/streetscaping in the right-of way of TH 212 to promote the orderly and safe crossing of the highway; and WHEREAS, the State of Minnesota, Department of Transportation requires a Limited Use Permit for the construction and utilization of said landscaping/streetscaping. NOW, THEREFORE,BE IT RESOLVED, that the City Council of the City of Eden Prairie hereby enters into a Limited Use Permit with the State of Minnesota, Department of Transportation for the following purposes: To construct, operate and maintain a plaza landscaping/streetscaping within the right- of- way of TH 212 of the State of Minnesota along Prairie Center Drive and Technology Drive. The City of Eden Prairie shall construct, operate and maintain said amenity in accordance with the Limited Use Permit granted by the Minnesota Department of Transportation. NOW, THEREFORE,BE IT FURTHER RESOLVED, that the Director of Public Works or the City Engineer are authorized to execute the Limited Use Permit and any amendments to the Permit. ADOPTED by the Eden Prairie City Council on June 12, 2018. Nancy Tyra-Lukens, Mayor ATTEST: SEAL Kathleen Porta, City Clerk STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION LIMITED USE PERMIT C.S. 2763 (T.H. 212) C.S. 2701 (T.H. 5) C.S. 2762 (T.H. 212) County of Hennepin LUP # 2701-0201 Permittee: City of Eden Prairie Expiration Date: 03/15/2028 In accordance with Minnesota Statutes Section 161.434, the State of Minnesota, through its Commissioner of Transportation, ("MnDOT"), hereby grants a Limited Use Permit (the "LUP") to City of Eden Prairie, ("Permittee"), to use the area within the right of way of Trunk Highway No. 212, 5 as shown in red on Exhibit "A", (the "Area") attached hereto and incorporated herein by reference. This Limited Use Permit is executed by the Permittee pursuant to resolution, a certified copy of which is attached hereto as Exhibit B. Amenity Area In addition, the following special provisions shall apply: SPECIAL PROVISIONS 1. TERM. This LUP terminates at 11:59PM on 03/15/2028 ("Expiration Date") subject to the right of cancellation by MnDOT, with or without cause, by giving the Permittee ninety (90) days written notice of such cancellation. This LUP will not be renewed except as provided below. Provided this LUP has not expired or terminated, MnDOT may renew this LUP for a period of up to ten (10) years, provided Permittee delivers to MnDOT, not later than ninety (90) days prior to the Expiration Date, a written request to extend the term. Any extension of the LUP term will be under the same terms and conditions in this LUP, provided: (a) At the time of renewal, MnDOT will review the Facility and Area to ensure the Facility and Area are compatible with the safe and efficient operation of the highway and the Facility and Area are in good condition and repair. If, in MnDOT's sole determination, LUP—Standardized LUP Form Page 1 of 6 LU1001 6/7/2018 modifications and repairs to the Facility and Area are needed, Permittee will perform such work as outlined in writing in an amendment of this LUP; and (b) Permittee will provide to MnDOT a certified copy of the resolution from the applicable governmental body authorizing the Permittee's use of the Facility and Area for the additional term. If Permittee's written request to extend the term is not timely given, the LUP will expire on the Expiration Date. Permittee hereby voluntarily releases and waives any and all claims and causes of action for damages, costs, expenses, losses, fees and compensation arising from or related to any cancellation or termination of this LUP by MnDOT. Permittee agrees that it will not make or assert any claims for damages, costs, expenses, losses, fees and compensation based upon the existence, cancellation or termination of the LUP. Permittee agrees not to sue or institute any legal action against MnDOT based upon any of the claims released in this paragraph. 2. REMOVAL. Upon the Expiration Date or earlier termination, at the Permittee's sole cost and expense Permittee will: (a) Remove the Facility and restore the Area to a condition satisfactory to the MnDOT District Engineer; and (b) Surrender possession of the Area to MnDOT. If, without MnDOT's written consent, Permittee continues to occupy the Area after the Expiration Date or earlier termination, Permittee will remain subject to all conditions, provisions, and obligations of this LUP, and further, Permittee will pay all costs and expenses, including attorney's fees, in any action brought by MnDOT to remove the Facility and the Permittee from the Area. 3. CONSTRUCTION. The construction, maintenance, and supervision of the Facility shall be at no cost or expense to MnDOT. Before construction of any kind, the plans for such construction shall be approved in writing by the MnDOT's District Engineer. Approval in writing from MnDOT District Engineer shall be required for any changes from the approved plan. The Permittee will construct the Facility at the location shown in the attached Exhibit "A", and in accordance with MnDOT-approved plans and specifications. Further, Permittee will construct the Facility using construction procedures compatible with the safe and efficient operation of the highway. Upon completion of the construction of the Facility, the Permittee shall restore all disturbed slopes and ditches in such manner that drainage, erosion control and aesthetics are perpetuated. LUP—Standardized LUP Form Page 2 of 6 LU1001 6/7/2018 The Permittee shall preserve and protect all utilities located on the lands covered by this LUP at no expense to MnDOT and it shall be the responsibility of the Permittee to call the Gopher State One Call System at 1-800-252-1166 at least 48 hours prior to performing any excavation. Any crossings of the Facility over the trunk highway shall be perpendicular to the centerline of the highway and shall provide and ensure reasonable and adequate stopping sight distance. 4. MAINTENANCE. Any and all maintenance of the Facility shall be provided by the Permittee at its sole cost and expense, including, but not limited to, plowing and removal of snow and installation and removal of regulatory signs. No signs shall be placed on any MnDOT or other governmental agency sign post within the Area. MnDOT will not mark obstacles for users on trunk highway right of way. 5. USE. Other than as identified and approved by MnDOT, no permanent structures or no advertising devices in any manner, form or size shall be allowed on the Area. No commercial activities shall be allowed to operate upon the Area. Any use permitted by this LUP shall remain subordinate to the right of MnDOT to use the property for highway and transportation purposes. This LUP does not grant any interest whatsoever in land, nor does it establish a permanent park, recreation area or wildlife or waterfowl refuge Facility that would become subject to Section 4 (f) of the Federal-Aid Highway Act of 1968, nor does this permit establish a Bikeway or Pedestrian way which would require replacement pursuant to Minnesota Statutes Section 160.264. No rights to relocation benefits are established by this LUP. This LUP is non-exclusive and is granted subject to the rights of others, including, but not limited to public utilities which may occupy the Area. 6. APPLICABLE LAWS. This LUP does not release the Permittee from any liability or obligation imposed by federal law, Minnesota Statutes, local ordinances, or other agency regulations relating thereto and any necessary permits relating thereto shall be applied for and obtained by the Permittee. Permittee at its sole cost and expense, agrees to comply with, and provide and maintain the Area, Facilities in compliance with all applicable laws, rules, ordinances and regulations issued by any federal, state or local political subdivision having jurisdiction and authority in connection with said Area including the Americans with Disabilities Act ("ADA"). If the Area and Facilities are not in compliance with the ADA or other applicable laws MnDOT may enter the Area and perform such obligation without liability to Permittee for any loss or damage to Permittee thereby incurred, and Permittee shall reimburse MnDOT for the cost thereof, plus 10% of such cost for overhead and supervision within 30 days of receipt of MnDOT's invoice. LUP—Standardized LUP Form Page 3 of 6 LU1001 6/7/2018 7. CIVIL RIGHTS. The Permittee for itself, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree that in the event improvements are constructed, maintained, or otherwise operated on the Property described in this Limited Use Permit for a purpose for which a MnDOT activity, facility, or program is extended or for another purpose involving the provision of similar services or benefits, the Permittee will maintain and operate such improvements and services in compliance with all requirements imposed by the Acts and Regulations relative to nondiscrimination in federally-assisted programs of the United States Department of Transportation, Federal Highway Administration, (as may be amended) such that no person on the grounds of race, color, national origin, sex, age, disability, income- level, or limited English proficiency will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said improvements. 8. SAFETY. MnDOT shall retain the right to limit and/or restrict any activity, including the parking of vehicles and assemblage of Facility users, on the highway right of way over which this LUP is granted, so as to maintain the safety of both the motoring public and Facility users. 9. ASSIGNMENT. No assignment of this LUP is allowed. 10. IN WRITING. Except for those which are set forth in this LUP, no representations, warranties, or agreements have been made by MnDOT or Permittee to one another with respect to this LUP. 11. ENVIRONMENTAL. The Permittee shall not dispose of any materials regulated by any governmental or regulatory agency onto the ground, or into any body of water, or into any container on the State's right of way. In the event of spillage of regulated materials, the Permittee shall notify in writing MnDOT's District Engineer and shall provide for cleanup of the spilled material and of materials contaminated by the spillage in accordance with all applicable federal, state and local laws and regulations, at the sole expense of the Permittee. 12. MECHANIC'S LIENS. The Permittee (for itself, its contractors, subcontractors, its materialmen, and all other persons acting for, through or under it or any of them), covenants that no laborers', mechanics', or materialmens' liens or other liens or claims of any kind whatsoever shall be filed or maintained by it or by any subcontractor, materialmen or other person or persons acting for, through or under it or any of them against the work and/or against said lands, for or on account of any work done or materials furnished by it or any of them under any agreement or any amendment or supplement thereto. 13. NOTICES. All notices which may be given, by either party to the other, will be deemed to have been fully given when served personally on MnDOT or Permittee or when made in writing addressed as follows: to Permittee at: Mayor Eden Prairie City Hall 8080 Mitchell Rd LUP—Standardized LUP Form Page 4 of 6 LU1001 6/7/2018 Eden Prairie, MN 55344-2203 and to MnDOT at: State of Minnesota Department of Transportation Metro District Right of Way 1500 W. County Road B2 Roseville, MN 55113 The address to which notices are mailed may be changed by written notice given by either party to the other. 14. INDEMNITY. Permittee shall defend, indemnify, hold harmless and release the State of Minnesota, its Commissioner of Transportation and employees and its successors and assigns, from and against: (a) all claims, demands, and causes of action for injury to or death of persons or loss of or damage to property (including Permittee's property) occurring on the Facility or connected with Permittee's use and occupancy of the Area, regardless of whether such injury, death, loss or damage is caused in part by the negligence of State of Minnesota or is deemed to be the responsibility of State of Minnesota because of its failure to supervise, inspect or control the operations of Permittee or otherwise discover or prevent actions or operations of Permittee giving rise to liability to any person. (b) claims arising or resulting from the temporary or permanent termination of Facility user rights on any portion of highway right of way over which this LUP is granted; (c) claims resulting from temporary or permanent changes in drainage patterns resulting in flood damages; (d) any laborers', mechanics', or materialmens' liens or other liens or claims of any kind whatsoever filed or maintained for or on account of any work done or materials furnished; and (e) any damages, testing costs and clean-up costs arising from spillage of regulated materials attributable to the construction, maintenance or operation of the Facility. LUP—Standardized LUP Form Page 5 of 6 LU1001 6/7/2018 MINNESOTA DEPARTMENT CITY OF EDEN PRAIRIE OF TRANSPORTATION By RECOMMENDED FOR APPROVAL By: Its District Engineer Date And Its APPROVED BY: COMMISSIONER OF TRANSPORTATION By: Director, Office of Land Management Date The Commissioner of Transportation by the execution of this permit certifies that this permit is necessary in the public interest and that the use intended is for public purposes. LUP—Standardized LUP Form Page 6 of 6 LU1001 6/7/2018 . • Op6.06020..E.1 • ��6E1 • I . Rr--'- - -- z • zmeYwn.sa�w�vL 1� • ''''' °°°Res b1? tr am. EMUSIERACEa"`w E66 1a,1. �' �•eff APPROXIMATE - ` Mlip EASr.C60 eo du ��_ �wPw vrmcarsm6wwoaPEamn,r•. �s` MNDOT ROW A1g1 r 3 , f m"RIR "„ .'�° •`\ LOCATION RYYr-S IM 10 .L.6 WaHr aiMOS,t YWx J � N�]RO.YYILRTW..ElEC1.GY. -� ] ` t+� Mr6 7. 4 33 CYC TOW TP1 M� OElBM1AfOR 2[CA110.I.810P WNNFGS `� _ :� ;_.v jIEa1.1n MTV. RS.FOR draw).lntlk[bYc..e. ➢ `- A O .. - -�3r - L L • 4y ,-� Le rml6Tan wYr+wooer COMMON `• L • 1 - pr.6 me.OTnr. ,,� \��bR�E6�, R _ — — `• •� �rµY,6� 6 MT4E�r.SASSER.1YP. P1m>Ecre�c u6ra - _ I `. OWNS wmsYwLaa6a P�EfA ro Tp RFfWLT... I -_.o , ✓i• TNO �- 0.• -nYELir66KY.mcaw N 517E PLAN LEGEND: 4 I MC mar. sr6m n.aw •�``{` axrrr CM rpt oY.C.SO SAUCY 4.•wrsmm F •FRET•REM.CPC.MSS A • U]I.pRYtlMWpI�PAVFYQ:[ A1b10 wer WY•IMAM,. Yp tv.o..........c.-Mc� • �� y b1rE tMRi 1RO.Ec1 YA 4k No[Rru W [] - I w a1a I° s� RM,o w�..COLOR ``\�� —— runc `Y�wn��wi,nrrnac-_•ram • x o .3.0.•PM,90.60007.9.0.990ssw _ • 6xEeeaE WANK 6PYaE�Elaua 1.Y.lscmrls �/ - •. W a ❑ . __�: $aRY�3.9r.I6LE{6RNE',ns. MEW 3 FiTT C 1COLOR 9NPLEI PM- A.rran@EAC 0 —PE'?NOJE PYYIX6.SIEIAW ,R;� W E Z tl! NOTE KiuOf wPmPraiFer3E M1TF1lWSW1'IEAdr YouTPEO RVgMfo O[e1aT I , .O �'ql'm.ai WO- �xsoY,Roes 1NlL.PW01lTo[d6TRUGrAH 6 6LTanITE MKS AS EIOWA ai r Eras r; J g WOWS SSU4maIVMI off PIM r •.M _ . F r.[r acerK Y`ttN X6, 6�wa�6tJJ�E W re fm re ir Ver —--— raxun,ea .nr116sanwll s°6„n _ y� _� • •'_� sn wmoEmul.e • r. .......1.92.011. ❑ cow J # CONSIRYCTW1w.1s 1�gT a Rum odt Pweq J + J .41,•-kt.j { �r ° , 1.40141 Could rr Marraii ,0.. . -_16 wo cnx sxm U aEm ow rmEasLc.b+�oatsoun 1'LO161iW'A6CK OTCW6.TYP. {] Y p 6p /:• - • nE-0.Rmdtlo[baT. '' er oi•ERi Rnp'r�T U sunEQwmE YWUG,&EgE PLAY 1 Q �6_ MQ'•_p :. we®ox P1,V16 as .r S1a11,1 we Eel.MT. ■T Tw.EF�co.�rc 661: II g Pwr.slll�m- _~""F.a traT"M rn:1en:,yaTIP wnwI r i L.e - -- - 11. �' Ev�r.errr. er z i • 1RA �... , ,n,w1 1 • `a..r -;9 -��a . -; ..�-1. IFIVrd_SOP MAAS g awMrt RoeT6Ra=161rr ere.w6wa. I `. .0 '+r- • ► ai a .• - To�sra,�pn Ne•M EUN I �def• xG -•-.-4 • • 4 ASP RF1,7Ptt� F. FT +cr naR6mwa aar .-• -.- .• .-..- q 2 •..rilit •�, fao vwrenerr rrw rlik• ��* 'go- �O - - --.. . nei--=- 4: ... 1-Ile •• Ir • -•.,1 PE 1TECITE.= �rywieY a0..� PRo�.ulun maP.Ra-•. .+us. urea. EtlSr1�PERU.f " • w1p1FAeM 6(u,P.1... d lLCf661REPL1NhGFIErAl SVTI ed.Me 41UER 6EMPKE61 T•'. .. rtAM.•Tir6 canelRucTVliwy PIXrel 02Pa1 Mr. • MUM,9.Rg11R:.9.2009El • .\ IN M�IMl01E.OSS Sro• ' • +• 1 •PNK,M. f oP.vi6$YY1�MmRaF'C®E6irtv.•' �� Pa21wr1�ER Muor PIRORISCOOT _ elMblma.M. {gWTER16r+YR Psaz R 6EYATErI rFKKE .•�r ro:^n' •w- 1M1tlIdR.PM r f 9 OW1..1aA MM.NMI EE19rE6 .v.PY1n6v R+YHARY 1Rum.o.6E RIM P120.•2 016T • .. - .., Rli]Au.M'L''• u1LKv9 • �1erE49EF • Pw.Ec mn.Pw.ropd�x rf�"�Sn '� ::ryY miu�oru • m W At 'mnYr-..1me� ` r P�.n.ARaYn artE wn6 SS "MIS -— -.- /f � a16roP„w - - .xu.YrtA FaR ':. .e yam(, .. .rtvOOE.BJNAMpf j `f AE11.61 .. .11�fYPawY 9. • r • _ r _• •` w SITE PLAN SHEET 1 /-'• - .GOPHER 6;rAPE OEIE CALL OVERVIEW 'EXHIBIT A REALMS LUP #2701-0201 (1 of 2) • ... ^L q •• r.rr r /.0 2 V n err' r:, I I - IEXHII3IT A REALMS LTA' #2701-4201 {2 of 2) SEEERREATABlE: SITEAPAAMOTNDTES `1 Elli aA0,5Pµ[u1AnPN9 CVl1RAGIOR VIAL 11611.'L005Tp1aA1n UMW W il1nIE8HEBEi PRE1R10 WIC Pm - +.,"•++• vno,"aS[aLW n9N aE6a@a1W1611bIL11dLfIdJEe9 R1RN011a@iW10 LQa"ndd[F GffiYn0 ,r „Y arc..... as MO PRE PROPER.LAaA FASEI/13(02 EIY/J$001113Z025111IO'S NO wL NG[¢VSAAAE 1L�@F 5]N 0¢,ml s, vA5B1N.@ P�rm�r¢¢®e•�+.�w¢FaullGWita1@oF+u e->�rta dfEN WO 0Sr VW SF FOATIE STE ANTE RL5�1dA4AEd1RE0 AP19S WIEl1.[flW"WOIX.biPo.CT]Fl ..... AIS WIYFEErvrs 6s1 SF loan nrlsa SF Mk1OI AT1Owl5.RIW11RaWl 1EWRLROII0MNOAmg1OL CCM10 1k MIwY''¢AWnWtl00v BIE AA/Om slaw gkYlNG@ �' wee OYAER.DANTfl llAiO rlf GRILfWWEIIEAMAtivID SINS 1.1p car AM PApll10 COW [�Y100i AAYfld OSi ASR AE FNLA�IGWSPWF ARCM=RROl TO AR1.W110AMIAl6NL@.ME _. +U1IEIFPAVf/AF1a1 iM=PB iF 10'IM TL PAR 5F WAY LAH%rt FOF$a..L 2 11E CONIAACTOR WW10BMAW aa116E8A.W'PFAaTSIRIR TOCLOWALCAT55. .100osonst E15"•fM¢`pKse Wiq. 12145,11.1.41.1 iel.Ai 51 1000 A A W .,9 L10 LW 5.20X10 A5MOTy5-102W0@T9EE1a53010 WW1 '• M'1Pn0 StArat APAYATAP" S TOE OdfCAA0i0YSWL X91Ff REGYawmArscwaoe mN TE fiO MOM. IYAAfyI Ayp1A[[ REPORT PRWTOEFT.11ATp,OF31Ie YVRP'HIPIRW1130Y9. Iln - r,EAVrw nJ Demur.Wig. E4EaG c.an,,Ctlt.p110N WI,B4ti A1N I 011170GrpIauAAE105ia1Er121120.P:a AAO Y/0.1111 NABEIOarR PE aacil yYNLS1 Shc@M1RM@IO o1-0.0 E9co$BFRON ass 1BS tr 1EEN ....ie.r...e...m ...,.,........A. YU114.6No nut FOR RENEW ANOAP1ANna M INKOAMR3R NTAINE GI0.10I30 N1109ra mar OArhaN[E jai N RRH.1 .I,wn,F a,. 11.11110 f574Nnp5[i FOOTN@ WTP1u1S - 1 It @i7 o11.E TT pHTE&TI'P. AWEISV'IWG MIAs UAW if FloYa a 1CC5'fdsKt¢Mk111�R¢,n5birvAY[18F1S1s011sAm nita&b[aWo& F @7 AM YgINtNiAPPROlWi11ENO° EESiMID NTK PFiD..'Ri'11 i9 Y[IAAOAIMEl09AiRAflS AE09¢N ClWAWL011ANR11E5 LNI15 21 W.. .'^S Fat RESBSAIOARAUVAL Of THE I.EaEsAtAfamowa 'a. 1 • vEN110u5 FxREX ar@i91N9 • vYTLRBFA• '1 L•lttq SF Agt:AR LII a Mal MAMMA WANK,TO F/SA W OW&ow MG GTIWAIWAA API 10 WA `'\ r -\ AEETRBNR.TYP.REA AErAE SO T9NGJINtl 1L1111 1.AA5'F unit ceR5i1Y1uNitE1Mn11 /1 1001 1fE � BALM R T0&RWN KULOILLLOANC L O4 A19ON[<VFIMUMANAL1 ¢1t 12 .'�1 'N1FTVRO.fCIK•NRYIC{f ]I FA I OW Cp11WiCMAW UMW MCP pRIA11SCALUARISA5SWORED OR 41]1IIWE � FEVEH'M¢0040.40.m.nil E1�AR.poE4 HWRTO • Y tl I_ _ y ¢¢. fli. ¢¢vf F�ELSASIFVIAU FHEF/MBOIi[-0ME YCp15'H61[WiFRWSlUCa1�91F1 S ?or L02E0 TO TIE ACCLAIM gpNa1IB0,lu0EEBP9,WALLA RM005. yy;;�y�� UP,AWE flEACALWAT10Ni I• #i, 9 ./ \ sA_PN¢ RA¢ePsa¢ 2AAERRE TAE1nX0isn`�r0.9,0iflmwl 1AaioTN°NB:ALOWLY -}F'_ }I rIu F __ C AS AALLT1Nc aPVuu9a 0SF Aw.WFO f� 1}r - 1-" _ .-ll-1 .f � .� An RAYFl1Nn '01i 51 tAa isfiA 1fH a vF>Fslraw m.F�RwmaUl4�eelaFwcFm wml nel.r"E¢p"AE LMw1r; I 11 L [-AO l` NtIK N•R,IVFAIFM= 6B%SF 53k 43®sC 43N IPIASNnCCCAIIN.tC N1M AAA 1E1114YE tlE1Al j E 01091PYA OL01011300LA 1Ea NHM3MFPM1IWI K.WACOATOIWfltR IOFALA if AiIA MOO 51 29% 10J25 Aa 1m1 RERITIMEMIifIIE F116 OflkYfMIAMI..Ciotosm.of Wu aS.KC �1 ROOF TOP GARDEN ENLARGMENT �� PA w HE ¢T 1 2 I G• •'^�Iu IAIA[WILMa wErACL Lo 1Pa a 7-0•Lf SKRNOCONLEI10, AOSRSF Ari IA OOMB 4/115fAME11 WSPAT -TA DEMON UM AA �OOELAWBEFORDOAPaE 1 S • 11 _ - _ PNa-vsf¢0¢ANa1IOl iO1tY .lATMASILE �� 11/ 7 15,0N11NLE ILE AS PAOV.1 ;ABi St 1Arr Li.ALL Ewe 4IAAAEMIMWaIAAESSORBmau0TE0 S CO• 2 AREAa.StF r �:xOAR5A 7a1.Ll,-r.W.Pg1RW Poo kTON "WFXYIIn iIOFAL •S1l51 a5ry p Op1r,RAG109&SNa RppER rpryyAryAfe(n WIBOM01P64.MArE9a.NFAA �• LHOBCiLPB WAN ~~ •t 3 Flit HGFdF4w0AO5fnanaAr IWrfi i v.AR A OW 0ie¢au.L71.0 IVA NF•ROLR MO L.9AE]1a R1.gRT06TE Ee11YEB91.6 W LLL x - 11WA®LaAaryai 3PNPvlfm uder rNI la.Fen NEPoVY i'u WOTNS ARf QM WI N.NAENSC.B. Z sw.L lmlownASLtrsunds wnnxSlM I11• f/ 1 :l p T LANDSCAPE/RAND CALCULATIONS- 1. PNaxIO N WU SO WAWA m.ERK110AIWe TO ENAIwaauar101Man 4'q r g • ���� a„=� HMO sr w/050O x CC Si m . k >vini�EOTOABT.R.�afl i611Eli•A.Eve --• a ropo.risiriCgGMIGLafaniwrya m ILL PlAxfia LOTPIAF+ATRIPWO TO AE WET.Er WOE T.P. ' r¢rAYr nvrnoErxlwaWE WYF_0.1:+A yARF@id ,1 91OLIIrpF3 vAyyp TOaE lEMr001X'IEEE�m1BNv11E N01E08EEOETAC , a aA11FSRMG WOLF 1EO MIX t¢CD1et. aroppr-0Hii.E IN 1R5a91V sEM FOLel0MIENIBE¢To.01 Q w • ma Oavovoa.TOE AIAIp.EAAT Part .X..e.e0 PN11.1 wa1'1TLL L,95491 Il rrAB Jarrnas ,He 0Ew.LAARI W RSVVAMP.0 B0, A > a Z N ' OtEleflllta TFP.24 AK+BGSFFEOEIH ltinpwM'41'NtNn! INF II q 4 A PAW 'fi t A AO00 PA/'Arli!oar 1i.R9 Ll.x. 1n si .J o �} CITY OF EDEN PRAIRIE SITE SPECIFIC NOTES' W O EC W am.PR!¢R TO CA41RW/41 E•AlONTnIiMnEdtPlAriE We WAR ,� ��• flA1RE.0 ARFAS.E¢u1oEclaE L REff1n911F¢R[nrsPasc NOTFa 0 LI.I woes9•BOOPE VATTWARO uravr� WAN ...� x RS¢.RkUB to mlat. •WI" auL Pee APPROXIMATE x m a: i` � MNDOT ROW PRR ING TAi an BLE: AnE Fun `_ �M1 �alWarAr0uargry¢ •, ' • '.6arO M PP.OS1cT ~ r S .� .¢REWAE. 0 • QP r'P� •la ¢1Fruva-�m. TRASH AND RECYCLING NOTE: O j kG • . :_: w ,. NEIWgNAp FIECa4WG A1iL 1A5Zrµ]E NIIHN TIE s11ERa l $ . OE @.,�'t� _. w - sEAPrI,mEY d9A.ao Aa ��. * / - - SITE PLAN LEGEND •Al • E. r� _ •• � � `_ SYRRR1DTWMKAFA PAWNOR - iy� ] � !h1 • •' *MTV qp - "�, A *•TF Ie I. `1e 11 'f - PER ip vw.w PERpW eAyEgESW \ �1 i...::rl L` I 1aA�aB m.FA PAWN*l W1rraE1E PAI@91rP3 BREPiID1P.¢O1 Yh•YRI o. �P • 1,.. •� 4 , InGTOL/99S1LANNTA NANO NOMA ocar� .Ama•c ^4.. f �O9nwea R'ASESBR"FIufEE R10WN51E 0¢Fort . 0 L1111IjaNIL ...... .�� ! PIGI15CrbEr.uMYNT�.MAMMA L. EHY9q TE nssut,1.ourrr k sam ur y IUW=NC.vWT 21/0NI1EWC11100.WA WE.1OACk141101012BABE WIFRRAMR MN4.AN11M in A7EthaTE rcuoE Um/W A miaow CdEe�NAAON a°E6iFR B'""'V-•-• P109afu lgAaEO WES.EABMOv P11ERn5TESAEWITOSWWad1PLALL 'wcrya,w'Al[c- . ¢NAW rr,IafE wen,new. VY1av_AYO A1-. �, PgdS TFCONRT , --.--. PRLBlNuNt plevm.a,r[+,•," • ---• CDsoracao LAITY AWiell.. TAKi io5, QIG41EXo1r.WHPEft8 tlN1a o�1a OW WA. _• wlwgpvmral.Arr 4MWAE1EC�0N OF FOR VB gME•R ELEYATa¢TTUWLA ...... PE®Alo Wrl9u{A10T+m(TAJry01rt - NG69TA'1A9 9dvORY O0IC .IC�aFHar� _• OTRNSe1E/A'Ai1[NAL-APP FSI.N _ - RED 100011555ER t PfY SLAM, MOM 1N IIOFFC�6LTOW4aRR1AXa 0fi11Yd1. L' man AMA ME A .••.t..01a.EL 1 IIµ WM AMMO tA59110 PIP tINWIAB ELV/N0 li;•P E AAA PROTECT MST.E10ai 1P•XOvnEWOait I.f1E 'TOW WI A ONIL.WOAD I.:A11l11 • �.SFOv •maw&Gag MOON PO PI�,1 _a F tgor@TIS EE SITE PLAN SHEET 2 ACM d16TaA ilocos1ta_ Agik q�p pu 070Q��ay3A WI GOPHER STATE ONE CALL. EXHIBITS AND NOTES MLA TO .FR1YIfENEL MAO.PAMr. MONO MCK5 MO WPM SWAN . £ORNER•REA 'ti• to d^8 8itir .1 mY .u•4, 77 O .YJ A WC CITY COUNCIL AGENDA DATE SECTION: Consent Calendar June 12, 2018 I DEPARTMENT/DIVISION ITEM DESCRIPTION ITEM NO. Department Revocation of Special Assessments, Outlot VIII.P. Richard Rosow/City Attorney B, Wyndham Knoll Requested Action Move to adopt Resolution revoking Special Assessment Levy No. 18673 against Outlot B, Wyndham Knoll Synopsis Wyndham Knoll was platted in 1986. One of the conditions of plat approval was that the owner deed to the City Outlots A and B and enter into a purchase agreement with the City for Outlot C. Outlot A and C were conveyed to the City as required. For reasons currently unknown, Outlot B was never conveyed to the City. In 2013 the City removed diseased trees from Outlot B. By Resolution 2013-90 the City Council levied an assessment of$803.76 against Outlot B. Five years have passed since the levy and with no payment being made the County started the tax forfeiture process. Through this process the personal representative of an heir to the 1986 owner was notified of the delinquent assessment and pending foreclosure. The heir and personal representative had no knowledge of this property's ownership. They are willing to deed the property to the City,based in part upon the record of the approval conditions in 1986. This action will remove the delinquent assessments from Outlot B. The City may have to pay the County certain minimal costs associated with the foreclosure process. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2018- REVOKING SPECIAL ASSESSMENT WHEREAS, on October 15, 2013 the City Council adopted Resolution No. 2013-90 levying special assessments against the property legally described as Outlot B, Wyndham Knoll, Hennepin County, Minnesota, also identified as PID No. 06-116-22-24-0048 (the Property) in the principal amount of$803.76 for tree removal; and WHEREAS, on May 6, 1986 by Resolution 86-88 the City Council approved the plat of Wyndham Knoll conditioned in part on the property owner deeding Outlots A,B,and C,Wyndham Knoll to the City; and WHEREAS, in 1986 and 1988 the property owner deeded Outlot A and C, Wyndham Knoll to the City; and WHEREAS upon notice to the current property owner of the plat conditions, the owner has recently tendered to the City a quit claim deed for Outlot B, Wyndham Knoll in fulfillment of the requirement of Resolution No. 86-88. NOW, THEREFORE,BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA: 1. The special assessment adopted in Resolution No. 2013-90 with respect to Property, PID No. 06-116-22-24-0048, Levy No. 18673, is hereby revoked. 2. The City Clerk shall forthwith transmit a certified duplicate of this Resolution to the County to remove the assessment from the property tax lists of the County. ADOPTED by the City Council of the City of Eden Prairie this 12th day of June, 2018. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar June 12, 2018 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Robert Ellis Approve Temporary Easement Agreement VIII.Q. with Metropolitan Council for the Southwest Public Works/Engineering Light Rail Transit Project Requested Action Move to: Approve Temporary Easement Agreement with Metropolitan Council for the Southwest Light Rail Transit Project Synopsis In order to construct the SWLRT project, the Metropolitan Council is in need of a temporary easement across portions of two city owned parcels. One parcel is located in the northwest corner of Technology Drive and Flying Cloud Drive. The other parcel is located at Purgatory Park near Prairie Center Drive and Technology Drive. The temporary easements have conditions requiring the Metropolitan Council to return the property to a condition as good as that which existed prior to the project. Background Information The Metropolitan Council has been working cooperatively with City staff to define the terms and conditions of this temporary easement agreement. The easements will be in place from August 31, 2018 until August 31, 2021, with an option to extend one six month period. Attachment Agreement PARCELS P2002, P2004 TEMPORARY EASEMENT AGREEMENT THIS TEMPORARY EASEMENT AGREEMENT (this "Agreement") is made and entered into this day of , 201_, by and between the City of Eden Prairie, a Minnesota municipal corporation, (the "Grantor") and the Metropolitan Council, a public corporation and political subdivision under the law of the State of Minnesota(the"Grantee"). This Agreement sometimes refers to the Grantor and Grantee individually as a "Party" and collectively as the "Parties." WITNESSETH: WHEREAS, Grantor has an interest in the real property that is legally described on Exhibit A attached hereto (the "Property"); and WHEREAS, the Grantee intends to utilize a portion of the Property to construct a light rail transit system ("LRT'). NOW THEREFORE, in consideration for the mutual promises made herein, the parties agree as follows: 1. Grant of Easement. Grantor hereby grants and conveys to Grantee, its agents, permitees, successors and assigns, the following described easement: a. Temporary Construction Easement. A temporary, non-exclusive construction easement over, under and across that part of the Property depicted on the attached Exhibit B (the "Temporary Construction Easement Area") for construction on adjacent property of LRT and associated improvements. Subsequent to the execution of the Temporary Easement as written below, and until such Temporary Easement has expired, Grantor, its heirs, successors and assigns, shall not erect, construct, or create any building, improvement, obstruction, perpendicular utility crossing, or structure of any kind, either above or below the surface of the Temporary Easement or plant any trees or stockpile construction debris or construction equipment, or change the grade thereof of the Temporary Easement without the express written permission of the Grantee. 2. Term of Temporary Easement. The Temporary Easement defined above shall commence on August 31, 2018 and, subject to paragraph 3 below, expire on August 31, 2021. 3. Extension Option of Temporary Easement. With respect to the term of the Temporary Easement, the Grantee shall have the option (the "Extension Option") to extend the term of this temporary easement for one (1) six (6) month period (the "Extension Term"), in accordance with the following terms: 1 vl,7.13.16 a. Such option shall be exercised by written notice (the "Extension Notice") from Grantee delivered to Grantor not less than ninety (90) days prior to the expiration of the term of the Temporary Easement. 4. Restoration for Temporary Easement - P2002. Grantee, at its sole cost, will restore the Temporary Easement Area to a condition equal to the conditions that existed prior to commencement of construction consistent with the Civil Design Plans issued for Re- Bid October 2017. The Grantee acknowledges that the Temporary Easement Area encompasses a well maintained, utilized and visible park space (the "Park Space"). The Park Space must be documented prior to the initiation of any construction work on the site in the Temporary Easement Area. Following completion of construction, the Park Space must be restored to a like condition which existed prior to the start of construction. This includes but is not limited to landscaping, grading, matching the original surface grade as far as practicable, restoration of the subsurface to a like condition to allow for plant and turf growth, including de- compacting and aerating as necessary, and restoration of the surface to a like condition, either grass seeding or sodding or either paved or gravel surface, as the case may be. The Temporary Easement Area encompasses a portion of Grantor's internal roadway (the "Roadway"). The condition of the Roadway must be documented prior to the initiation of any construction work on the site in the Temporary Easement Area. Following completion of construction,the roadway must be restored to a like condition which existed prior to the start of construction. 5. Restoration for Temporary Easement - P2004. Grantee, at its sole cost, will restore the Temporary Easement Area to a condition equal to the conditions that existed prior to commencement of construction consistent with the Civil Design Plans issued for Re- Bid October 2017. The Temporary Easement Area encompasses a portion of Grantor's internal driveway (the "Driveway"). The condition of the Driveway must be documented prior to the initiation of any construction work on the site in the Temporary Easement Area. Following completion of construction, the driveway must be restored to a like condition which existed prior to the start of construction. 6. Covenant of Ownership. Grantor covenants that it is in lawful possession of the above described real estate and has lawful right and authority to convey and grant the easements described herein. 7. Notices and Demands. All notices, requests, demands, consents, and other communications required or permitted under this Temporary easement shall be in writing and shall be deemed to have been duly and properly given three (3) business days after the date of mailing if deposited in a receptacle of the United States mail, first class postage prepaid, addressed to the intended recipient as follows: Grantor: City of Eden Prairie 2 vl,7.13.16 8080 Mitchell Road Eden Prairie, MN 55344 [Attn: City Engineer] Grantee: Metropolitan Council 390 Robert Street North St. Paul, MN 55101-1805 Attn: Real Estate Office 8. Covenant Running with Land. The provisions and conditions of this easement shall constitute a covenant running with the land. 9. Termination or Amendment of Temporary Easement. The Temporary Easement declared and granted may be amended only by an agreement in writing signed by the Parties or their successors and assigns. 10. Miscellaneous. a. Further Actions. The Parties shall execute and deliver all further documents and take all further actions reasonably necessary or appropriate to effectuate the purposes of this Agreement. b. Time of the Essence. Time is of the essence of each provision in this Agreement where time is a factor. c. Waiver. No waiver of any provision of this Agreement shall be binding unless executed in writing by the Party making the waiver. No waiver of any provision of this Agreement shall be deemed to constitute a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver unless the written waiver so specifies. d. Binding Covenants. The provisions herein shall be deemed covenants that run with the land, and shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns. e. Governing Law. This Agreement has been made under the laws of the State of Minnesota and such laws shall control its interpretation. f. Counterparts. This Agreement and any amendments to this Agreement may be executed in counterparts, each of which shall be fully effective and all of which together shall constitute one and the same instrument. g. Severability. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, the parties hereto agree to cooperate with one another to achieve the intended purpose of this Agreement. 3 vl,7.13.16 h. No Presumption against Drafter. This Agreement has been negotiated at arm's length and between persons sophisticated and knowledgeable in the matters dealt with herein. Accordingly, this Agreement shall be interpreted to achieve the intents and purposes of the Parties, without any presumption against the Party responsible for drafting any part of this Agreement. [The remainder of this page is intentionally left blank.] 4 vl,7.13.16 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date first set forth above. METROPOLITAN COUNCIL, a public corporation and political subdivision under the laws of the State of Minnesota, By: Wes Kooistra Title: Regional Administrator STATE OF MINNESOTA ) ) ss COUNTY OF RAMSEY ) I, the undersigned, a Notary Public in and for Ramsey County, Minnesota, do hereby certify that Wes Kooistra, the Regional Administrator of the Metropolitan Council, a public body appeared before me this day in person and acknowledged that he signed and delivered said instrument on behalf of said public body. Given under my hand and official seal this day of , 201 . Notary Public This instrument drafted by: Office of the General Counsel Metropolitan Council 390 North Robert Street Saint Paul, MN 55101 5 vl,7.13.16 CITY OF EDEN PRAIRIE, a Minnesota municipal corporation, By: Title: Mayor By: Title: City Manager STATE OF MINNESOTA ) ) ss COUNTY OF HENNIPIN ) I, the undersigned, a Notary Public in and for County, Minnesota, do hereby certify that , the Mayor and the City Manager, of the City of Eden Prairie appeared before me this day in person and acknowledged that he signed and delivered said instrument on behalf of said corporation. Given under my hand and official seal this day of , 201_. Notary Public 6 vl,7.13.16 EXHIBIT A THE PROPERTY [see attached description] 7 vl,7.13.16 P2002 — P.I.D. 15-116-22-14-0003 That part of the West half of the Northwest Quarter of the Northwest Quarter of Section 14, Township 116, Range 22, Hennepin County, Minnesota which lies Southwesterly of the Southwesterly right-of-way line of Prairie Center Drive and Northwesterly of the following described line: Commencing at the Southwest corner of said West half of the Northwest Quarter of the Northwest Quarter; thence on an assumed bearing of North 87 degrees 59 minutes 07 seconds East, along the South line of said West half of the Northwest Quarter of the Northwest Quarter a distance of 407.67 feet to the Southwesterly right-of-way line of Prairie Center Drive; thence North 55 degrees 52 minutes 37 seconds West, along said right-of-way line, a distance of 175.71 feet to the point of beginning of the line to be described; thence South 34 degrees 07 minutes 23 seconds West, a distance of 128.31 feet, more or less, to the South line of said West half of the Northwest Quarter of the Northwest Quarter and said line there terminating. Also that part of the Northeast Quarter of the Northeast Quarter and the Southeast Quarter of the Northeast Quarter of Section 15, Township 116, Range 22, Hennepin County, Minnesota which lies Southwesterly of the Southwesterly right-of-way line of Prairie Center Drive. Said parcel of land is described as follows: Beginning at the Southeast corner of said Northeast Quarter of the Northeast Quarter; thence on an assumed bearing of South 0 degrees 51 minutes 48 seconds East, along the East line of said Northeast Quarter, a distance of 267.84 feet; thence South 34 degrees 07 minutes 23 seconds West a distance of 140.11 feet; thence North 53 degrees 09 minutes 57 seconds West a distance of 453.53 feet; thence North 44 degrees 04 minutes 04 seconds East a distance of 600.00 feet to said Southwesterly right-of-way line of Prairie Center Drive; thence Southeasterly, along said right-of- way line, to the East line of said Northeast Quarter of Section 15; thence South 0 degrees 51 minutes 48 seconds East, along said East line, to the point of beginning. 8 vl,7.13.16 P2004— P.I.D. 14-116-22-0029 All that part of Tracts A and B described below: Tract A. That part of the southwest quarter of the southeast quarter or Section 11, township 116 north, range 22 west, lying south of County Road No. 39 and west of State Highway No. 169; Tract B. The north 193.5 feet of the northwest quarter of the northeast quarter of section 14, township 116 north, range 22 west, lying west of State Highway no. 169; which lies northerly and northeasterly of a line run parallel with and distant 75 feet southerly and southwesterly of Line 1 described below and southerly and westerly of Line 2 described below: Line 1. Beginning at a point on the west line of said section 14, distant 29 feet south of the northwest corner thereof; thence run easterly at an angle of 90°31' with said west section line (measured from south to east) for 2544.36 feet; thence deflect to the right at an angle 0°10' for 446.11 feet; thence deflect to the right on an 8°00' curve (delta angle 50°00') for 625 feet and there terminating; Line 2. Beginning at the point of intersection of a line run parallel with and distant 75 feet northerly of Line 3 described below with a line run southwesterly at right angle with Line 4 described below from its point of termination; thence run easterly to the point of termination of Line 5 described below; thence run southwesterly to the point of intersection of a line run parallel with and distant 75 feet southwesterly of said Line 1 with a line run southwesterly at right angles with said Line 1 from its point of termination and there terminating; Line 3. Beginning at a point on Line 1 described above distant 2287 feet east of its point of beginning; thence run easterly on said Line 1 for 100 feet; thence deflect to the left on a 3°00' curve (delta angle 16°23') for 546.1 feet and there terminating; Line 4. From a point on the south line of said section 11, distant 1277.4 feet east of the south quarter corner thereof, run northwesterly at an angle of 30°27'19" with said south section line for 231.35 feet; thence deflect to the left at an angle of 90° for 96 feet to the point of beginning of Line 1 to be described; thence deflect to the right at an angle of 90° for 277.7 feet; thence deflect to the left at an angle of 32°25'30" for 722.3 feet; thence deflect to the right on 6°00' curve (delta angle 30°54') having a length of 515 feet for 169 feet and there terminating; Line 5. From a point on the south line of said section 11, distant 1277.4 feet east of the south quarter corner thereof; run northwesterly at an angle of 30°27' 19" with said south section line from 362.25 feet to the point of beginning of Line 5 described below; thence deflect to the left •at an angle of 90° for 200 feet and there terminating. 9 vl,7.13.16 EXHIBIT B TEMPORARY CONSTRUCTION EASEMENT AREA DEPICTION [see attached depiction] L [ 'V 7a L _ .1 o' i 0 / I t-, f i /�� f , / . ,,,V, • ` ....5}:3' ::::; # 0 q;,/` Qom` p © � 44, �� ■ ` �,?~�\• -;" • . / /F.1/ 0° 0 0 0 1.:0.,....1,411"1.0,44 v#0,...% '' SS N. a _7 x)--") j eV 0 ° °• °VC:::41'01_444 4.i.•"•••••11::NS,.----,,,,,, .''',...;‘,. 44. •#4•••:'-.• .gZ- N...N, .."'• ,e) 0 0 / 0 44......444 04 kt,*N...1., 'P.N.(' / „^' ________, 0 0 p p ,` ❑ 4�``' ei PROPERTY ,ii - r1 .D ice• ,+ CORNER 43 r r41a • � • •: 41 � � .. i � � - _ i, 0 0 / . . • . ,.. .,.. :N....N., p 1v 4 0• p • /, 0 ❑ ... 0I / o r. I7 ? , p • • — ,may" ,&.., COLOR LEGEND Ci -MST Ti COM TRAflyli EASEMENT V COf1NRl !'s g �f . f./l(A MENkT TPAKSPl]PTATIIX4 . IO I"/{ J [ASEMENT DTI K IN PROCESS S pfams W-Mp'MAFY EASEMENT 4 i. N SOUTHWEST LIGHT RAILits A tz-com s3 5 UTHWEST CITY OF EDEN PRAIRIE Rev 0 PUBLIC PARCELS 05/01/2018 4 ? , PARCEL P2002 , IMETROPOLITAN 0:Ac,..4i/V • PROPERTY �44 4. . . %***..fr.. ., /I' /1 1 mmr --•,--- CORNER o / 1 / / _ •il. If ,er 1 104 - •x• T H . - °8= wr • ' -i/ • fi7 i I 1/' -:7.:./..:' 1/7 \ (1,/,1 T 1 .. . ' li • A ._ _..) COLOR jT � 'r I ` l1 //I ` �� �� V-,�TEMPORARY EASEMENT ti __- \M1 _ .�. Vc--- DRAFTMORK IN PROCESS g SOUTHWEST LIGHT RAIL IN _ a 5 l�THWEST CITY OF EDEN PRAIRIE Rev0 ,:,,, 4 A:'CO A PUBLIC PARCELS 05J0112078 PARCEL P2004 METROPOLITAN a CITY COUNCIL AGENDA DATE SECTION: Consent Calendar June 12, 2018 DEPARTMENT/DIVISION ITEM DESCRIPTION ITEM NO. Community Development/ Resolution supporting CommonBond's application VIII.R. Janet Jeremiah to the Minnesota Brownfield Gap Financing Program for an Environmental Response Fund grant from Hennepin County for the Trail Point Ridge project subject to all necessary application submittals, hearings and approvals for the site and larger PUD. Requested Action Move to: Adopt a resolution supporting CommonBond's application to the Minnesota Brownfield Gap Financing Program for an Environmental Response Fund grant from Hennepin County for the Trail Point Ridge project subject to all necessary application submittals, hearings and approvals for the site and larger PUD of which it will be a part. Synopsis CommonBond is seeking a grant from Hennepin County to pay for Phase 1 ESA services for the Trail Point Ridge project. As part of the application, Hennepin County requires a City Council Resolution approving the project's application to the Minnesota Brownfield Gap Financing program funded by Hennepin County Department of Environmental Services. Background Trail Point Ridge is a proposal by CommonBond Communities to redevelop the Resurrection Life Church at 16397 Glory Lane into 58 apartment units of which 90%would be affordable. The project is part of a larger PUD involving adjacent vacant land and two other developers who would offer about 90 Senior cooperative housing units with 10% affordable units (Applewood by United Properties) and six market rate townhomes (by Halley Land Corp.). The proposal requires a Comprehensive Plan amendment, rezoning, Planned Unit Development(PUD) and replatting. CommonBond has applied for Tax Increment Financing and is applying for additional grants. Support for CommonBond's Environmental Response Fund grant application is subject to all necessary application submittals, hearings and approvals for the site and larger PUD of which it will be a part. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2018- A RESOLUTION SUPPORTING COMMON BOND'S APPLICATION TO THE HENNEPIN COUNTY DEPARTMENT OF ENVIRONMENTAL SERVICES FOR AN ENVIRONMENTAL RESPONSE FUND GRANT THROUGH THE MINNESOTA BROWNFIELDS' BROWNFIELD GAP PROGRAM FOR TRAIL POINT RIDGE PHASE I ENVIRONMENTAL SERVICES WHEREAS, CommonBond Communities is proposing redevelopment of 16397 Glory Lane into a 58 unit apartment building called Trail Point Ridge; and WHEREAS, Trail Point Ridge is proposed to have a variety of one-,two-, and three-bedroom units with ninety percent of its units affordable to households earning less than fifty percent of the Area Median Income; and WHEREAS,redevelopment of an existing building and the proposed affordability create the need for certain gap financing for Trail Point Ridge; and WHEREAS, Trail Point Ridge requires a public hearing and approvals related to an application for Tax Increment Financing; and WHEREAS, Trail Point Ridge requires applications, hearings and approval of a Comprehensive Plan amendment, rezoning, Planned Unit Development(PUD), and Subdivision in association with two adjacent properties and other developers; NOW THEREFORE BE IT RESOLVED,that the Eden Prairie City Council supports CommonBond's application to the Hennepin County Department of Environmental Services for an Environmental Response Fund grant through the Minnesota Brownfields' Brownfield Gap Program for Trail Point Ridge Phase I Environmental Services subject to all necessary application submittals, hearings and approvals for the site and larger PUD of which it will be a part. ADOPTED by the City Council of the City of Eden Prairie on this 12th day of June, 2018. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE SECTION: Consent Calendar June 12, 2018 DEPARTMENT/DIVISION ITEM DESCRIPTION ITEM NO. Community Development/ Resolution supporting potential use of Tax VIII.S. Janet Jeremiah Increment Financing for CommonBond's Trail Point Ridge project subject to all necessary application submittals, hearings and approvals for the site and larger PUD. Requested Action Move to: Adopt a resolution supporting potential use of Tax Increment Financing for CommonBond's Trail Point Ridge project subject to all necessary application submittals, hearings and approvals for the site and larger PUD of which it will be a part. Synopsis CommonBond has applied to the City for$696,649 in Tax Increment Financing(TIF) for Trail Point Ridge. The TIF request represents approximately 4% of the project financing. The majority of financing(63%)would be from an allocation of 9% Low Income Housing Tax Credits (LIHTC) from the Minnesota Housing Finance Agency. The application for LIHTC funding is due June 14, 2018. CommonBond is requesting a resolution of support from the City for potential use of TIF, since such local funding support would benefit their MHFA application greatly. The proposed resolution of support is subject to all necessary application submittals, hearings and approvals for the site and larger PUD of which it will be a part. Background Trail Point Ridge is a proposal by CommonBond Communities to redevelop the Resurrection Life Church at 16397 Glory Lane into 58 apartment units of which 90%would be affordable. The project is part of a larger PUD involving adjacent vacant land and two other developers who would offer about 90 Senior cooperative housing units with 10% affordable units (Applewood project by United Properties) and six market rate townhomes (by Halley Land Corp.). The proposal requires a Comprehensive Plan amendment, rezoning, Planned Unit Development(PUD) and replatting. CommonBond has applied for Tax Increment Financing and will apply for MHFA tax credits and grants from Hennepin County and Metropolitan Council. Attachments Resolution Ehler's TIF Analysis Memo CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2018- A RESOLUTION SUPPORTING POTENTIAL USE OF TAX INCREMENT FINANCING FOR COMMON BOND'S TRAIL POINT RIDGE PROJECT SUBJECT TO ALL NECESSARY APPLICATION SUBMITTALS, HEARINGS AND APPROVALS FOR THE SITE AND LARGER PUD WHEREAS, CommonBond Communities is proposing redevelopment of 16397 Glory Lane into a 58 unit apartment building called Trail Point Ridge; and WHEREAS, Trail Point Ridge is proposed to have a variety of one-,two-, and three-bedroom units with 52 units affordable and 6 units market rate; WHEREAS, CommonBond has submitted an application to the City of Eden Prairie for$696,649 of Tax Increment Financing for Trail Point Ridge; and WHEREAS, formal consideration of CommonBond's Tax Increment Financing application requires a public hearing and City Council approvals; and WHEREAS, Trail Point Ridge also requires applications, hearings and approval of a Comprehensive Plan amendment, rezoning, Planned Unit Development(PUD), and Subdivision in association with two adjacent properties and other developers; WHEREAS, CommonBond is submitting an application to Minnesota Housing Finance Agency (MHFA) for 9% Low Income Housing Tax Credits for Trail Point Ridge; and WHEREAS, CommonBond has requested a resolution of support for TIF from the City to include with their MHFA application; NOW THEREFORE BE IT RESOLVED,that the Eden Prairie City Council supports potential use of Tax Increment Financing for Common Bond's Trail Point Ridge project subject to all necessary application submittals, hearings and approvals for the site and larger PUD of which it will be a part. ADOPTED by the City Council of the City of Eden Prairie on this 12th day of June, 2018. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk Al ■ ■ ■ ■ Memo To: Janet Jeremiah, Community Development Director From: Jason Aarsvold, Ehlers Date: June 7, 2018 Subject: CommonBond Communities' Trail Pointe Ridge TIF Request In May 2018, CommonBond Communities, (the "Developer") submitted a request to the City of Eden Prairie (the "City") for $696,000 in Tax Increment Financing (TIF) assistance to construct a 58 unit, mixed-income apartment project at 16397 Glory Lane. The $17.35 million project includes a mix of 1, 2, and 3-bedroom units, 52 of which will be affordable. The Developer anticipates submitting a funding application to the Minnesota Housing Finance Agency ("MHFA") in June 2018 to compete for an allocation of 9% Low-Income Housing Tax Credits ("LIHTC"). If their application to MHFA is successful, the LIHTC would provide approximately 63% of the project's capital funding needs. The applicant is requesting financial support from the City to close a financial gap and increase their competitiveness for a LIHTC allocation from MHFA. Locally committed funds make funding applications more competitive for MHFA's limited and highly competitive 9% LIHTC resources. Ehlers conducted a thorough review of the Developer's current pro forma based on industry standards for construction, land, and project costs; affordable rental rates and operating expenses; developer fees; available funding sources; underwriting criteria; and project cash flow. Based on the results of the pro forma analysis, the project does demonstrate a need for financial assistance. The requested TIF assistance helps address a funding gap to make the project financially feasible. A summary of the project's sources and uses in included below. SOURCES Amount Pct. Per Unit First Mortgage 3,898,000 22% 67,207 TIF Mortgage 696,000 4% 12,000 Tax Credits 10,918,908 63% 188,257 Hennepin County AHIF 500,000 3% 8,621 Metropolitan Council 750,000 4% 12,931 Deferred Developer Fee (18% of Total Fee) 322,564 2% 5,561 Other Public Sources 267,255 2% 4,608 TOTAL SOURCES 17,352,727 100% 299,185 www.ehlers-inc.com ell E H L E R S Minnesota phone 651 697 8500 3060 Centre Pointe Drive LEADERS IN PUBLIC FINANCE Offices also in Wisconsin and Illinois fax 651 697 8555 Roseville,MN 551 1 3-1 1 22 toll free B00-552-1171 CommonBond Communities Apartment Proposal June 7, 2018 Page 2 USES Amount Pct. Per Unit Acquisition Costs 1,250,000 7% 21,552 Construction Costs 12,514,173 72% 215,762 Professional Services 589,439 3% 10,163 Financing Costs 904,332 5% 15,592 Developer Fee 1,792,970 10% 30,913 Cash Accounts/Escrows/Reserves 301,813 2% 5,204 TOTAL USES 17,352,727 100% 299,185 Pro Forma Analysis The development pro forma information generally meets the expectations of a rental housing project utilizing 9% low-income housing tax credits ("LIHTC") and other sources of public funding. 1. Acquisition Costs — Acquisition costs of approximately $21,500 per unit are on the higher end of the typical market range of $5,000 to $15,000 per unit. This is a reflection of the cost of land in this market and is contributing the financial need for the project. 2. Total Development Costs (TDC) — The TDC is approximately $17.35 million or $299,185 per unit. Multi-family projects in this market generally range between $225,000 and $275,000 per unit, although recent construction pricing increases are pushing some projects above this threshold. In this project, the Developer's construction pricing is based on estimates from its general contractor. Ehlers reviewed this documentation and concluded that the total development costs are acceptable. Some of the cost drivers identified by the development team include extraordinary site work at this location, soil conditions, upgraded exterior materials, City fees, and land costs. 3. Developer Fee — The proposed developer fee is $1.79 million, or approximately 10% of TDC. This is within the typical industry range of 8-10% for LIHTC projects. The developer is proposing to defer $322,000 of this fee to bridge some of the financial gap in the project. 4. Rents — The proposed rents are at or below the regulatory maximum allowed under the LIHTC program. The Developer proposes to restrict most of the unit's rents at or below the 50% area median income (AMI) level. The rent and income limits are set by the United States Department of Housing and Urban Development (HUD) on an annual basis. The rents noted below are the 2018 rent and income limits. CommonBond Communities Apartment Proposal June 7, 2018 Page 3 Maximum Gross Monthly Rent Bedroom Size 30% AMI 60% AMI One Bedroom $531 $885 $1,062 Two Bedr000m $636 $1,061 $1,273 Three Bedroom $735 $1,226 $1,471 5. Operating Expenses — The operating expenses of approximately $4,055 per unit per year are within the typical range of $3,500 to $4,500 per unit per year (before management fees, property taxes, and replacement reserves). 6. Management Fee — The proposed management fee of 6% of revenue is within the typical 4% to 6% of revenue for LIHTC projects. 7. Reserves — The annual deposit to replacement reserves is set at $450 per unit per year, which is typical for projects that include financing from Minnesota Housing. 8. First Mortgage — The analysis confirms that the Developer has maximized the potential first mortgage. The analysis assumes the developer is required by its lender to use a 2% inflator on revenues and a 3% inflator on expenses. The maximum mortgage is calculated based on the year 15 projected net operating income. 9. Low-income Housing Tax Credits ("LIHTC") — The project anticipates tax credit pricing of $0.91 for every $1.00 of available tax credits, which generates approximately $10.9 million of proceeds for the project. Tax credit pricing declined at the end of 2016 and has remained lower than realized in the prior several years. Tax credit pricing on many current projects is between $0.85 and $0.95. Based on current conditions, the assumed tax credit equity is reasonable. 10.TIF Note — The requested $696,000 of TIF assistance represents approximately 4% of total project costs. Depending on the project type, TIF assistance for LIHTC projects is commonly in the range of 4-10% of total project costs. Assuming 80% of available TIF is used for the project, we estimate it would take the full 26 year maximum duration of the TIF district to repay the TIF request. The Developer has maximized the potential private mortgage, low-income housing tax credit proceeds, and other available funding sources. However, a demonstrated financial gap remains. The proposed development will not reasonably be expected to occur solely through private investment within the reasonably near future. Due to the costs associated with developing the property and constructing housing with affordable rents, this project is feasible only through public assistance. Please reach out with any questions at 651-697-8512. CITY COUNCIL AGENDA DATE: SECTION: Public Hearings June 12, 2018 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development/Planning Mister Car Wash IX.A. Janet Jeremiah/Angie Perera Requested Action Move to: • Close the Public Hearing; and • Direct Staff to prepare a Development Agreement incorporating Staff recommendations and Council conditions. Synopsis This application is a proposal for exterior façade improvements to the building and update to the landscaping on the site. Proposed improvements are compliant with City Code and no waivers are being requested with this application. The proposed Mister Car Wash project is considered to be a minor amendment to an approved Site Plan. City Code allows minor amendments to be considered by the City Council only, without referral by the Planning Commission. Background The existing car wash is a 5,447 square foot; one story building that was originally constructed in the 1980's. The site is located on approximately 0.76 acres, north of Prairie Center Drive and west of Flying Cloud Drive. The property is guided as Regional Commercial in the City's Comprehensive Guide Plan and it is currently zoned as Commercial Regional Service. SITE PLAN & ARCHITECTURE The existing car wash building primarily includes brick, glass, and painted metal materials that have become outdated and out of compliance with the Architectural Design Standards and requirements of the City Code. The proposed exterior improvements will add new, higher quality materials to all four sides of the existing building bringing the building into compliance with City Code. The proposed materials include brick, cultured stone, glass, prefinished metal, and longboard material that is composed of aluminum and looks like wood. The height of the existing rooftop equipment screening will be maintained at the northeast corner and the parapets at the southeast corner will be raised to mirror them. Additional parapets will be raised to provide roofline variation. Steel canopies will be added to articulate the entrance and exit to the car wash. Two underutilized overhead doors will be removed from the northwest elevation and infilled with brick to match the existing building. There will be no changes to the existing footprint of the building. The site plan includes 10 parking spaces that comply with City Code requirements. The proposed site plan complies with the City Code. Existing Conditions Image 1 — SE Elevation Image 2—NE Elevation (facing Middleton Rd.) (facing Flying Cloud Dr.) Proposed Conditions TO11111.11- Image 3 — View from south east corner of property including SE & NE elevations, facing Middleton Rd. (on the left side of the image) and facing Flying Cloud Drive (on the right side of the image). This AMP-- image includes the proposed _ _�-. *A. - exterior building materials and Af landscape improvements. LIGHTING,LANDSCAPE, & SUSTAINABILITY Sustainability features proposed with the site plan include LED lighting, native landscaping, and indoor bike storage for employees. An existing freestanding sign will be relocated on the northeast side of the building to remove it from the drainage and utility easement per staff's recommendation. The applicant is also proposing wall signs on the building. The signs will require approval of a separate sign permit and all signage must comply with City Code. Existing landscape will remain onsite with the addition of one new Northwood Red Maple tree on the north side of the site near the entrance into the car wash. Native perennials and grasses include Standing Ovation Little Bluestem and Pixie Meadowbrite Enchinacea around the newly relocated freestanding sign. Other landscaping will be added primarily along the northeast side of the building, facing Flying Cloud Drive and will include Junipers and Dogwood shrubs. The 120-Day Review Period Expires on October 2, 2018. Attachments Land Use Map Zoning Map Aerial Map Location Map Guide Plan Map: Mister Car Wash Address: 8280 Flying Cloud Drive Eden Prairie, MN 55344 rr -,-,_-_..,iliNiNw 1'A'/A 4 REGION - / if alb. ri Pi \„, 0* . ., r A r • i se CY) • r• ACw Al, ic v r Al1641 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 PI Community Commercial Streams 17.7 Low Density/Public/Open Space - Regional Commercial -Principal Arterial -A Minor Arterial - Medium Density residential 2.5-10 Units/Acre ®Town Center '•i . $ +;. ,i —B Minor Arterial DATE Approved 03-19-03 DATE Revised 12-06-06 nMedium Density Residential/Office - Park/Open Space —Major Collector DATE Revised 01-07-05 DATE Revised 03-01-07 DATE Revised -23-06 DATE Revised 0-01-07 EDEN I High Density Residential 10-40 Units/Acre Public/Quasi-Public DATE Revised 02-23-06 DATE Revised 10-01-07 Minor Collect or DATE Revised 03-23-06 DATE Revised 03-01-08 nAirport Golf Course DATE Revised 06-23-06 DATE Revised 03-01-09 Office - Church/Cemetary PRAIRIE Y// Office/Industrial Open Water EIVE•wORK•QAEAM 2 Office/Public/Open Space Right-Of-Way 180 90 M O ogamm�Me mo1.m_o.„®o�o..o.a, o ..0..180 Feet - Industrial Q CityLimits Zoning Map - Mister Car Wash Address: 8280 Flying Cloud Drive Eden Prairie, MN 55344 k QNAIFC-F 7 ... z O ,i, O 4111111# r 0 • ��OII J v ir, ,.,„ , .. V ,. AP A '. 1 i`4 /1111A11111.1" .,. 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-22,000sf min. -TC-R I RDI Recreational Development Waters R1-13.5 One Family-13,500 sf min. -TC-MU I OD General Development Waters(Creeks Only) 7 t ./. t R1-9.5 One Family-9,500 sf min. -Industrial Park-2Acre Min, L I 100- Year Floodplain RM-6.5 Multi-Family-6.7 U.P.A.max. ^Industrial Park-5 Acre Min. EDEN -RM-2.5 Multi-Family-17.4 U.P.A.max. -General Industrial-5 Acre Min. Up dated through approved Ordinances#26-2008 Office Public Ordinance#33-2001(BFI Addition)approved,but not shown on this map edition PRAIRIE Neighborhood Commercial I I Golf Course Date:March 1,2009 Community Commercial Water In case of discrepancy related to a zoning classitmaaon on this zoning map,the Ordinance LIVE•w 6R K•5H E 5 M and attached legal description on file at Eden Paine Ciry Center will prevail. -Highway Commercial Right of Way -Regional Service Commercial QCityLimits 0 0.04 0.08 Miles .wa:_o...m.::mo..m._..®.1..o.a., .2GE,..m ,..,,mo, Aerial Map: Mister Car Wash Address:8280 Flying Cloud Drive Eden Prairie, Minnesota Regional Center Rd. �� r ,1111,..... L,—,g.,-11 ,i-i i...,q -, 7.,. _.. ..- . r erg , '.9 t 4 '& ��.. r Lam- ,' r, " �' ) i i Ili i , L '.,. s ice. ' i ,,F, -... .. S I Mt ".z., #00 / • Flying Cloud Dr. / CR 61 Middleset Rd. r • i 4 ! 'I r 7 I ' # ri � , i �AA Ph ,00 Crystal View Rd. ," �PI At 4, -.. ,./' ,, 404,.. wigNIF i g e 4,.. % \-;' ' ,./k ....\ . _ 9 s„psis... ...,4 Prairie Center Dr. , 80' ��Al 0 1A I 320 Feet' li\- Location Map: Mister Car Wash Address: 8280 Flying Cloud Drive Eden Prairie, MN 55347 / L— Regional Center Rd. - / 71111111,A 7 / // / Middleset Rd. S ITE , Flying Cloud Dr. / CR 61 b / / N/ /#111 ( Crystal View Rd. 7 , Prairie Center Dr. A/i 0 100 200 400 Feet I I I 1 1 1 1 1 1 CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims June 12, 2018 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Sue Kotchevar, Office of the Payment of Claims X. City Manager/Finance Requested Action Move to: Approve the Payment of Claims as submitted(roll call vote) Synopsis Checks 260379 - 260875 Wire Transfers 1019801 - 1020012 Wire Transfers 6593 - 6626 Purchasing Card 6613 City of Eden Prairie Council Check Summary 6/12/2018 Division Amount Division Amount 56,686 308 E-911 16,346 100 City Manager 2,778 315 Economic Development 5,342 101 Legislative 1,794 445 Cable PEG 1,234 102 Legal Counsel 41,939 502 Park Development 7,101 110 City Clerk 265 509 CIP Fund 155,532 111 Customer Service 9,592 512 CIP Trails 257 112 Human Resources 369 522 Improvement Projects 2006 47,635 113 Communications 14,973 526 Transportation Fund 380 114 Benefits&Training 4,140 531 Eden Prairie Road 2,125 130 Assessing 3,254 532 EP Road Connect Flying Cloud 7,165 131 Finance 3,781 537 Town Center Station 16,528 132 Housing and Community Services 13,104 538 SingleTree Lane South 4,618 133 Planning 17,898 804 100 Year History 44 136 Public Safety Communications 13,426 Total Capital Projects Fund 264,307 137 Economic Development 565 138 Community Development Admin. 3 601 Prairie Village Liquor 164,083 151 Park Maintenance 49,522 602 Den Road Liquor 324,299 153 Organized Athletics 11,200 603 Prairie View Liquor 219,590 154 Community Center 47,578 605 Den Road Building 3,281 156 Youth Programs 12,427 701 Water Enterprise Fund 238,718 157 Special Events 176 702 Wastewater Enterprise Fund 23,114 158 Senior Center 4,722 703 Stormwater Enterprise Fund 31,790 159 Recreation Administration 13 Total Enterprise Fund 1,004,874 160 Therapeutic Recreation 45 161 Oak Point Pool 10,565 316 WAFTA 405 162 Arts 15,114 802 494 Commuter Services 33,555 163 Outdoor Center 794 803 Escrow Fund 8,174 168 Arts Center 2,046 806 SAC Agency Fund 7,455 180 Police 44,808 807 Benefits Fund 1,220,483 184 Fire 48,620 809 Investment Fund 1,223 186 Inspections 2,819 811 Property Insurance 8,550 200 Engineering 6,542 812 Fleet Internal Service 414,903 201 Street Maintenance 13,597 813 IT Internal Service 166,638 202 Street Lighting 71,162 814 Facilities Capital ISF 6,075 Total General Fund 526,318 815 Facilites Operating ISF 55,444 816 Facilites City Center ISF 100,598 301 CDBG 10,313 817 Facilites Comm.Center ISF 95,210 303 Cemetary Operation 1,739 Total Internal Svc/Agency Funds 2,118,712 312 Recycle Rebate 1,150 Total Special Revenue Fund 13,203 Report Total 4,321,988 434 2008A Capital Equipment Notes 362,100 435 2008B G.O.Improvement Bonds 975 437 G.O.Perm.Improv.2010A 12,555 440 GO Perm Impr Ref Bonds 2011D 15,319 442 2012B G.O.Refund Capital Imp 525 443 2012C GO Perm Impr Ref Bonds 3,100 Total Debt Service Fund 394,574 City of Eden Prairie Council Check Register by GL 6/12/2018 Check# Amount Supplier/Explanation Account Description Business Unit Comments 6617 414,004 WELLS FARGO BANK MINNESOTA NA Principal Wastewater Capital Bond Payment 6619 259,877 ULTIMATE SOFTWARE GROUP,THE Federal Taxes Withheld Health and Benefits Payroll Taxes PR Ending 05.25.18 260813 258,374 HEALTHPARTNERS Accounts Receivable Health and Benefits Premiums June 2018 6604 244,392 ULTIMATE SOFTWARE GROUP,THE Federal Taxes Withheld Health and Benefits Payroll Taxes PR Ending 05.11.18 260548 178,047 I-STATE TRUCK CENTER Autos Fleet-Public Works New Plow Trucks 6602 169,392 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA PR Ending 04.27.18 6622 167,484 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA PR Ending 05.11.18 260414 127,383 EDEN PRAIRIE SCHOOL Other Contracted Services Capital Maint.&Reinvestment Play Equipment from Midwest Playscapes 6595 104,221 MINNESOTA DEPT OF REVENUE Sales Tax Payable Historical Culture Sales Tax April 2018 1019901 97,318 XCEL ENERGY Electric City Center-CAM 6613 93,175 USB-PURCHASING CARD Repair&Maint.Supplies Utility Operations-General 260733 73,145 RANGER CHEVROLET BUICK GMC Autos Fleet-Police 1019954 70,616 SHI CORP Software Maintenance IT Operating 260605 61,893 THE OSSEO CONSTRUCTION CO.LLC Improvement Contracts Water Capital 1019965 52,339 XCEL ENERGY Electric Street Lighting 260819 51,467 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store 260554 44,246 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store 1019939 44,242 GREGERSON ROSOW JOHNSON&NILAN LTD Legal Eden Prairie Road 260796 43,809 DODGE OF BURNSVILLE Autos General Fixed Asset Account Gr 1019946 32,353 LOGIS LOGIS Wastewater Accounting 260693 31,230 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store 260438 30,558 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store 1019988 29,222 CENTERPOINT ENERGY Gas Water Treatment 1019826 28,668 DIVERSE BUILDING MAINTENANCE Janitor Service Prairie Village Liquor Store 260671 28,503 FORD OF HIBBING Autos Fleet-Police 1019934 28,097 DIVERSE BUILDING MAINTENANCE Janitor Service Prairie Village Liquor Store 6621 26,538 EMPOWER Deferred Compensation Health and Benefits 1019957 26,397 SRF CONSULTING GROUP INC Design&Engineering Stormwater Capital 260625 25,692 ABM ONSITE SERVICES-MIDWEST Tenant 1-Cleaning Suppli Utility Operations-General 6606 25,549 EMPOWER Deferred Compensation Health and Benefits 260828 25,288 MIKE MOTORS OF MINNESOTA INC. Autos Fleet-Police 1019809 25,005 GREENSIDE INC Contract Svcs-Snow Removal City Center-CAM 6620 24,817 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits 260639 23,926 BREAKTHRU BEVERAGE MINNESOTA BEER LLC Liquor Product Received Den Road Liquor Store 260627 23,442 AMERICAN ENGINEERING TESTING INC Testing Improvement Projects 2006 260741 22,126 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store 1020002 21,850 PEARSON BROTHERS INC Sweeping Stormwater Non-Capital 260692 20,720 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store 260614 19,995 VIDEOTRONIX INC Other Assets Capital Maint.&Reinvestment 260391 19,054 BREAKTHRU BEVERAGE MINNESOTA WINE&SPIR Liquor Product Received Prairie View Liquor Store 6605 18,864 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits 260853 18,690 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store 260707 18,541 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating 260640 18,272 BREAKTHRU BEVERAGE MINNESOTA WINE&SPIR Liquor Product Received Prairie Village Liquor Store 260598 16,343 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store 1019820 16,108 WSB&ASSOCIATES INC Design&Engineering Capital Maint.&Reinvestment 260505 16,030 BREAKTHRU BEVERAGE MINNESOTA WINE&SPIR Liquor Product Received Prairie Village Liquor Store 260720 16,000 ONSOLVE LLC Other Contracted Services E-911 Program 260779 15,631 BREAKTHRU BEVERAGE MINNESOTA BEER LLC Liquor Product Received Prairie View Liquor Store 260685 15,560 HOUSEAL LAVIGNE ASSOCIATES Other Contracted Services Planning Check# Amount Supplier/Explanation Account Description Business Unit Comments 260735 14,819 REHBEIN'S AGRICULTURAL SERVICES Lime Residual Removal Water Treatment 260875 14,336 PRAIRIEVIEW RETAIL LLC Building Rental Prairie View Liquor Store 260565 14,023 METRO TRANSIT Design&Engineering Town Center Station 260874 13,656 PRAIRIE PARTNERS SIX LLP Waste Disposal Prairie Village Liquor Store 260607 13,200 TYLER TECHNOLOGIES INC Software IT Capital 260563 13,127 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating 260818 12,719 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store 260471 12,437 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store 6626 12,214 US BANK-CREDIT CARD MERCHANT ONLY Bank and Service Charges Finance 6610 12,175 I-494 CORRIDOR COMMISSION Deposits 494 Corridor Commission 1019898 11,965 WALL TRENDS INC Contract Svcs-General Bldg Fitness/Conference-Cmty Ctr 260783 11,776 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store 260780 11,678 BREAKTHRU BEVERAGE MINNESOTA WINE&SPIR Liquor Product Received Prairie Village Liquor Store 260420 11,426 FLEET MAINTENANCE INC Equipment Repair&Maint Fleet Operating 1019840 10,753 ST CROIX ENVIRONMENTAL INC Design&Engineering Water Supply(Wells) 260523 10,565 EDEN PRAIRIE SCHOOL Other Contracted Services Oak Point Operations 1019891 10,294 REINDERS INC Chemicals Park Maintenance 260390 10,216 BREAKTHRU BEVERAGE MINNESOTA BEER LLC Liquor Product Received Prairie View Liquor Store 6607 10,115 FURTHER-AKA SELECT HSA-Employee Health and Benefits 260643 10,025 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store 260841 9,721 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store 260504 9,647 BREAKTHRU BEVERAGE MINNESOTA BEER LLC Liquor Product Received Prairie Village Liquor Store 260728 9,499 PHOTOSHELTER INC Software Maintenance IT Operating 260553 9,251 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store 260574 9,225 NAC Other Contracted Services Pool Maintenance 1019953 9,125 SENIOR COMMUNITY SERVICES Other Contracted Services Housing and Community Service 260613 9,077 VERIZON WIRELESS Data Plans-Police Transportation Fund 260543 9,027 HP INC Computers IT Operating 6597 9,018 I-494 CORRIDOR COMMISSION Deposits 494 Corridor Commission 260809 8,957 GRAYMONT Treatment Chemicals Water Treatment 260535 8,837 GRAYMONT Treatment Chemicals Water Treatment 260768 8,570 ANCOM COMMUNICATIONS INC Other Assets Public Safety Communications 260483 8,433 VISION TECHNOLOGY SOLUTIONS,LLC Other Contracted Services Communications 1019929 8,073 YOUNGSTEDTS COLLISION CENTER Equipment Repair&Maint Fleet Operating 260461 7,960 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store 260585 7,553 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store 260394 7,391 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store 260566 7,380 METROPOLITAN COUNCIL Other Revenue SAC Agency Fund 1019848 7,367 AIRWATCH LLC Software Maintenance IT Operating 260479 7,200 TECH SALES CO Maintenance Contracts Water Treatment 260656 7,167 CORE&MAIN Equipment Parts Water Distribution 260507 7,072 CAPITOL BEVERAGE SALES LP Liquor Product Received Den Road Liquor Store 260617 6,954 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store 260727 6,671 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store 260846 6,500 RIGHTLINE DESIGN LLC Other Contracted Services Communications 260862 6,160 TYLER TECHNOLOGIES INC Software IT Capital 260490 6,000 POSTAGE BY PHONE RESERVE ACCOUNT Postage Customer Service 1019831 5,929 METRO SALES INCORPORATED* Other Rentals IT Operating 260388 5,925 BOLTON&MENK INC Design&Engineering Improvement Projects 2006 1019921 5,901 SITEONE LANDSCAPE SUPPLY,LLC Repair&Maint.Supplies Park Maintenance 260436 5,668 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store 260631 5,624 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store 1020011 5,539 XCEL ENERGY Electric Prairie Village Liquor Store Check# Amount Supplier/Explanation Account Description Business Unit Comments 260559 5,523 LEAGUE MN CITIES INS TRUST Insurance Property Insurance 1019983 5,461 YOUNGSTEDTS COLLISION CENTER Equipment Repair&Maint Fleet Operating 260724 5,218 PAUSTIS&SONS COMPANY Liquor Product Received Prairie Village Liquor Store 260699 5,100 LANDMARK REMODELING LLC Other Contracted Services Rehab 260772 5,030 ASPEN MILLS Clothing&Uniforms Fire 260596 5,000 SOUTHDALE YMCA Refunds CDBG-Public Service 260854 4,920 SPACK CONSULTING Deposits Escrow 260482 4,886 TOTAL PERFORMANCE INC Capital Under$25,000 Fitness Center 260460 4,879 PAUSTIS&SONS COMPANY Liquor Product Received Prairie View Liquor Store 1019879 4,870 CENTERPOINT ENERGY Gas Den Road Liquor Store 1019874 4,858 A-SCAPE INC Contract Svcs-Snow Removal Den Bldg.-CAM 1019881 4,630 ELECTRIC PUMP Equipment Repair&Maint Wastewater Lift Station 260771 4,586 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store 1020001 4,565 MINNESOTA ROADWAYS CO Contract Svcs-Asphalt/Concrt Fitness/Conference-Cmty Ctr 260595 4,552 SNAP-ON TOOLS Small Tools Fleet Operating 260754 4,363 VISUAL COMMUNICATIONS Design&Engineering Economic Development Fund 260674 4,349 GRAYMONT Treatment Chemicals Water Treatment 1019943 4,340 JEFFERSON FIRE&SAFETY INC Protective Clothing-Turn Out G Fire 260501 4,320 BERNICK'S WINE Liquor Product Received Prairie Village Liquor Store 260383 4,312 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store 260425 4,308 GRAYMONT Treatment Chemicals Water Treatment 1019926 4,268 VAN PAPER COMPANY Cleaning Supplies Fitness/Conference-Cmty Ctr 1019890 4,237 PRAIRIE ELECTRIC COMPANY Contract Svcs-HVAC Pool Maintenance 6624 4,231 SAGE PAYMENT SOLUTIONS Bank and Service Charges Wastewater Accounting 1019884 4,176 HORIZON COMMERCIAL POOL SUPPLY Supplies-Pool Pool Maintenance 1019950 4,173 POMP'S TIRE SERVICE INC Tires Fleet Operating 1019875 4,113 ASPEN WASTE SYSTEMS INC. Waste Disposal Maintenance Facility 260664 4,049 EDEN PRAIRIE APPLIANCE Supplies-General Bldg Maintenance Facility 260648 4,000 CLIFTONLARSONALLEN LLP Audit&Financial Finance 6608 3,991 FURTHER-AKA SELECT FSA-Dependent Care Health and Benefits 260871 3,968 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store 260496 3,835 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store 260540 3,825 HENNEPIN COUNTY MEDICAL CENTER Tuition Reimbursement/School Police 260814 3,819 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store 1019878 3,791 BOYER TRUCKS Equipment Parts Fleet Operating 260769 3,773 APPLIANCE OUTLET CENTER Capital Under$25,000 Maintenance Facility 260597 3,750 SOUTHDALE YMCA YOUTH DEVELOPMENT PROGRAM Other Contracted Services Housing and Community Service 260637 3,702 BELSON OUTDOORS INC Building Materials Capital Maint.&Reinvestment 1019952 3,590 REINDERS INC Landscape Materials/Supp Park Maintenance 260766 3,521 ALADTEC INC Software/Hardware Maint. Fire 1019932 3,515 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store 1020010 3,445 WINE COMPANY,THE Liquor Product Received Prairie Village Liquor Store 260825 3,379 LEGACY GYMNASTICS Instructor Service Lesson Skills Development 260683 3,325 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store 260675 3,286 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Concessions 1019876 3,284 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store 260774 3,250 BERNICK'S WINE Liquor Product Received Prairie Village Liquor Store 260495 3,249 ANCOM COMMUNICATIONS INC Other Assets Public Safety Communications 1019942 3,180 INTERSTATE POWER SYSTEMS INC Equipment Repair&Maint Wastewater Lift Station 1019931 3,175 A-SCAPE INC Contract Svcs-Lawn Maint Building 51 260472 3,100 SPRINGSTED INCORPORATED Other Contracted Services 2012C GO Penn Impr Ref Bonds 260569 3,038 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Wastewater Lift Station 260445 3,000 MESSERLI&KRAMER Deposits 494 Corridor Commission Check# Amount Supplier/Explanation Account Description Business Unit Comments 1020006 3,000 ST CROIX ENVIRONMENTAL INC OCS-Well Field Mgmt Water Supply(Wells) 260395 2,961 CENTURYLINK Fiber Lease Payments City Center-CAM 1019822 2,957 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store 260432 2,868 IMPACT PROVEN SOLUTIONS Other Contracted Services Water Accounting 1019870 2,864 VAN PAPER COMPANY Cleaning Supplies Park Shelters 1019819 2,844 VINOCOPIA Liquor Product Received Prairie View Liquor Store 260833 2,820 NATIONAL MARTIAL ARTS ASSOCIATION,INC Instructor Service Lesson Skills Development 1019990 2,799 ESS BROTHERS&SONS INC Equipment Parts Stormwater Collection 260717 2,760 MN TACTICAL OFFICERS ASSOCIATION Tuition Reimbursement/School Police 1019972 2,757 GREENSIDE INC Contract Svcs-Lawn Maint. City Center-CAM 260429 2,694 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store 1019817 2,689 VAN PAPER COMPANY Cleaning Supplies Fire Station#3 260756 2,568 WEBBER RECREATIONAL DESIGN INC Operating Supplies Capital Maint.&Reinvestment 1019825 2,551 CENTERPOINT ENERGY Gas Wastewater Lift Station 260541 2,546 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store 1020007 2,521 STREICHERS Clothing&Uniforms Police 260603 2,514 TARGETSOLUTIONS LEARNING,LLC Training Supply-Operating Fire 260464 2,500 PROMO WORLD LLC Deposits 494 Corridor Commission 6601 2,494 FURTHER-AKA SELECT FSA-Medical Health and Benefits 260556 2,494 KERBER TILE,MARBLE&STONE INC Contract Svcs-General Bldg Pool Maintenance 260634 2,492 BAY WEST Other Contracted Services Water Conservation 260746 2,454 TECH SALES CO Process Control Equipment Water Supply(Wells) 260410 2,453 DPC INDUSTRIES INC Treatment Chemicals Water Treatment 1019928 2,430 WENCK ASSOCIATES INC OCS-Monitoring Stormwater Non-Capital 260522 2,418 EAU CLAIRE BREWING PROJECT THE LLC Liquor Product Received Prairie Village Liquor Store 1019877 2,380 BIFFS INC Waste Disposal Park Maintenance 6593 2,305 AMERICAN EXPRESS Bank and Service Charges Community Center Admin 260583 2,271 PAUSTIS&SONS COMPANY Liquor Product Received Prairie Village Liquor Store 6594 2,243 FURTHER-AKA SELECT FSA-Dependent Care Health and Benefits 260700 2,127 LEAGUE MN CITIES INS TRUST Insurance Property Insurance 260792 2,091 CORE&MAIN Equipment Parts Water Distribution 260832 2,034 NAPA AUTO PARTS Repair&Maint-Ice Rink Fleet Operating 1019947 2,004 MARSHALL&SWIFT Software Maintenance Assessing 260398 2,000 CITY OF EDEN PRAIRIE Dues&Subscriptions Fire 260542 2,000 HOUTZ,STEPHEN J Other Contracted Services Summer Theatre 260811 1,968 GYM WORKS Health&Fitness Fire 260712 1,960 MHSRC/RANGE Training Supply-Recruit Fire 1020004 1,947 RENDERS INC Landscape Materials/Supp Park Maintenance 260481 1,936 TKO WINES,INC Liquor Product Received Prairie View Liquor Store 1019985 1,935 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store 260497 1,935 ARVIG Fiber Lease Payments IT Operating 260770 1,929 ARTEKA OUTDOOR SERVICES Other Contracted Services Street Maintenance 260781 1,908 BROTHERS FIRE PROTECTION Contract Svcs-Fire/Life/Sfty City Center-CAM 1020005 1,902 SRF CONSULTING GROUP INC Design&Engineering Engineering 260686 1,875 HP INC Computers-Monitors IT Operating 260676 1,870 GYM WORKS Equipment Repair&Maint Fitness Center 260635 1,869 BEARPATH GOLF AND COUNTRY CLUB Outside Water Sales Escrow 260861 1,858 TRUE BRANDS Liquor Product Received Wine Club/Events 1019872 1,856 VINOCOPIA Liquor Product Received Prairie Village Liquor Store 260784 1,820 CAT EYE DESIGN Other Contracted Services Heritage Preservation 260419 1,802 FIRST MINNETONKA CITY BANK Deposits 494 Corridor Commission 260564 1,800 MCINTYRE,ROBIN Other Contracted Services Summer Theatre 6596 1,781 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Operating Check# Amount Supplier/Explanation Account Description Business Unit Comments 1019821 1,775 2ND WIND EXERCISE Training Supplies Police 260736 1,762 RETROFIT COMPANIES,INC,THE Supplies-Electrical Park Shelters 1020000 1,760 MINNESOTA RECREATION&PARK ASSOCIATION Operating Supplies Softball 1019882 1,753 ETHANOL PRODUCTS LLC Treatment Chemicals Water Treatment 260647 1,746 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie Village Liquor Store 260626 1,695 ALLIED MEDICAL TRAINING Tuition Reimb-College Core Fire 260793 1,673 CROSS NURSERIES Landscape Materials/Supp Reforestation 1019979 1,665 STONEBROOKE Autos Fleet Capital 260823 1,661 KODIAK CUSTOM LETTERING INC Clothing&Uniforms Day Care 260673 1,652 GRAPE BEGINNINGS Liquor Product Received Prairie Village Liquor Store 260427 1,647 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Board of Prisoner Police 1019917 1,618 PHYSIO CONTROL INC Other Contracted Services Fire 260487 1,571 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store 1019845 1,505 WINE COMPANY,THE Liquor Product Received Prairie View Liquor Store 260380 1,498 ACCOUNTEMPS Deposits 494 Corridor Commission 260743 1,478 SUPERIOR CONSTRUCTION SERVICES INC Equipment Repair&Maint Utility Operations-General 260835 1,461 OLSEN'S EMBROIDERY/COMPANY Safety Supplies Engineering 260630 1,450 ARENA SERVICES AND PRODUCTS Contract Svcs-Ice Rink Ice Arena Maintenance 260628 1,448 ANTHEM SPORTS,LLC Capital Under$25,000 Fitness Center 1019907 1,409 ELLIS,ROBERT Tuition Reimbursement/School Organizational Services 260418 1,408 FIRE SAFETY USA INC Equipment Repair&Maint Fire 1019927 1,396 VINOCOPIA Liquor Product Received Prairie Village Liquor Store 260855 1,393 STAPLES ADVANTAGE Supplies-General Bldg Senior Center Admin 1019941 1,380 HAWKINS INC Equipment Parts Water Treatment 260402 1,378 COMMERCIAL ASPHALT CO Patching Asphalt Street Maintenance 260520 1,376 DOMACE VINO Liquor Product Received Prairie Village Liquor Store 260822 1,352 KNECHT'S NURSERIES&LANDSCAPING INC Landscape Materials/Supp Reforestation 1019913 1,334 LYNDALE PLANT SERVICES Contract Svcs-Garden Rm/Caf. City Hall(City Cost) 260489 1,330 YORKTOWN OFFICES Deposits 494 Corridor Commission 1019964 1,298 WINE COMPANY,THE Liquor Product Received Prairie Village Liquor Store 260426 1,278 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Concessions 1019818 1,277 VIK,LISA Travel Expense Police 260751 1,263 VELOCITY STREETWEAR INC Clothing&Uniforms Fire 1019995 1,260 HANSEN THORP PELLINEN OLSON Design&Engineering Park Acquisition&Development 1019982 1,252 WENCK ASSOCIATES INC OCS-Studies Stormwater Non-Capital 260396 1,252 CENTURYLINK Telephone IT Operating 260611 1,223 US BANK Interest Investment Fund 260840 1,221 PAUSTIS&SONS COMPANY Liquor Product Received Prairie Village Liquor Store 6611 1,212 FIDELITY SECURITY LIFE INSURANCE CO Vision Plan Health and Benefits 260457 1,200 ONCE UPON A STAR Instructor Service Preschool Events 260529 1,200 FORSGREN,CINDY WADE Other Contracted Services Summer Theatre 1019814 1,183 SITEONE LANDSCAPE SUPPLY,LLC Repair&Maint.Supplies Park Maintenance 6609 1,182 FURTHER-AKA SELECT Other Contracted Services Health and Benefits 1019841 1,181 STREICHERS Clothing&Uniforms Police 260669 1,173 FIRE SAFETY USA INC Protective Clothing-Misc. Fire 1019852 1,170 BRAUN INTERTEC CORPORATION Testing EP Rd Connect to Flying Cloud 260757 1,155 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store 1019981 1,125 VINOCOPIA Liquor Product Received Prairie Village Liquor Store 260511 1,118 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store 260560 1,100 LETHO&WRIGHT Other Contracted Services Arts in the Park 260465 1,098 RANDY'S ENVIRONMENTAL SERVICES Waste Disposal City Center-CAM 260590 1,095 ROOTSTOCK WINE COMPANY Liquor Product Received Prairie Village Liquor Store 1019998 1,081 MENARDS Operating Supplies Street Maintenance Check# Amount Supplier/Explanation Account Description Business Unit Comments 1019811 1,081 INTEREUM INC Supplies-General Bldg Police(City Cost) 1019994 1,079 GRANICUS INC Equipment Repair&Maint Cable PEG 1019823 1,064 BOYER TRUCKS Equipment Parts Fleet Operating 1019900 1,042 WINE COMPANY,THE Liquor Product Received Den Road Liquor Store 260858 1,039 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions 260801 1,019 EMERGENCY AUTOMOTIVE TECHNOLOGY INC Autos General Fixed Asset Account Gr 260660 1,019 DEALER AUTOMOTIVE SERVICES INC Autos Fleet Capital 260698 1,016 LAKE COUNTRY DOOR LLC Contract Svcs-General Bldg Maintenance Facility 260491 1,000 ART BY KIMBER/JOAN OF ART Other Contracted Services Arts 260500 1,000 BELLAND,BRIANNA M Other Contracted Services Summer Theatre 260872 1,000 YEPEZ VICTOR Other Contracted Services Arts 260662 996 DOMACE VINO Liquor Product Received Prairie Village Liquor Store 1019989 944 DREW'S CONCESSIONS LLC Merchandise for Resale Concessions 1020009 943 WATSON CO INC,THE Merchandise for Resale Concessions 1019938 940 GRAINGER Small Tools City Center-CAM 260802 925 EXTREME LANDSCAPING,INC. Gravel Water Distribution 1019856 924 CHEMSEARCH Supplies-HVAC Ice Arena Maintenance 260689 914 INTERNATIONAL UNION OF OPERATING Union Dues Withheld Health and Benefits 260709 911 MASTER CRAFT LABELS INC Operating Supplies Police 1019959 906 STREICHERS Clothing&Uniforms Police 260484 904 VISIONS INC Deposits 494 Corridor Commission 260441 900 LEAGUE MN CITIES INS TRUST Insurance Property Insurance 260604 900 TEDDY BEAR BAND Other Contracted Services Arts in the Park 260688 890 INTEGRITY REMODELING&DESIGN GROUP LLC Other Contracted Services Water Conservation 260807 889 GERTENS Landscape Materials/Supp Senior Center 1019829 872 HORIZON COMMERCIAL POOL SUPPLY Chemicals Round Lake 260382 872 AQUA LOGIC INC Supplies-Pool Pool Maintenance 1019933 856 CDW GOVERNMENT INC. Computers IT Operating 260549 852 J H LARSON COMPANY Repair&Maint.Supplies Capital Outlay Parks 260715 850 MINNESOTA FIRE SERVICE CERTIFICATION BOA Dues&Sub-Cert&Licensing Fire 260641 840 BROTHERS FIRE PROTECTION Contract Svcs-Fire/Life/Safe City Hall(City Cost) 260386 839 BERNICK'S WINE Liquor Product Received Prairie View Liquor Store 260537 835 GUARANTY COMMERCIAL TITLE INC Other Contracted Services Town Center Station 260538 835 GUARANTY COMMERCIAL TITLE INC Other Contracted Services Town Center Station 260539 835 GUARANTY COMMERCIAL TITLE INC Other Contracted Services Town Center Station 260492 828 AIRGAS USA LLC Supplies-Pool Pool Maintenance 260473 828 STAPLES ADVANTAGE Office Supplies Fitness/Conference-Cmty Ctr 1019863 825 PROSOURCE SUPPLY Supplies-General Bldg Fitness/Conference-Cmty Ctr 1019992 820 GRAFIX SHOPPE Autos Fleet-Police 1019861 819 FASTENAL COMPANY Repair&Maint.Supplies Park Maintenance 260536 812 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Den Road Liquor Store 1019824 810 CDW GOVERNMENT INC. Operating Supplies IT Operating 260584 800 PERRY KITRINA Other Contracted Services Theatre Initiative 1019846 795 XCEL ENERGY Electric Forest Hills Park 260534 792 GRAPE BEGINNINGS Liquor Product Received Prairie Village Liquor Store 260562 792 LUPULIN BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 1019835 786 OSI BATTERIES INC Office Supplies Police 260524 780 EHLERS&ASSOCIATES INC Other Contracted Services TIF-Eden Shores Senior Housing 260765 774 AIRGAS USA LLC Supplies-Pool Pool Maintenance 260681 762 HENNEPIN COUNTY FT DEPT Software Maintenance Public Safety Communications 260570 755 MN STATE BOARD OF ASSESSORS Dues&Subscriptions Assessing 260679 755 HEALTHPARTNERS Employment Support Test Organizational Services 260687 753 INDEED BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store Check# Amount Supplier/Explanation Account Description Business Unit Comments 260767 750 AMAZING ATHLETES OF SOUTHWEST METRO Instructor Service Preschool Events 260437 743 JOHN HENRY FOSTER MINNESOTA INC Maintenance Contracts Water Treatment 1019903 736 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Prairie Village Liquor Store 6603 736 ULTIMATE SOFTWARE GROUP,THE Garnishment Withheld Health and Benefits 6618 736 ULTIMATE SOFTWARE GROUP,THE Garnishment Withheld Health and Benefits 1019962 735 VISTAR CORPORATION Merchandise for Resale Concessions 260573 725 MONROE,MICHAEL Other Contracted Services Arts in the Park 260847 720 SHAMROCK TOURS Special Event Fees Trips 1019912 718 JOHNSON,TROY Telephone IT Operating 260773 715 AT YOUTH PROGRAMS LLC Instructor Service Tennis 1019905 709 CLAREY'S SAFETY EQUIPMENT Safety Supplies Utility Operations-General 260810 705 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Den Road Liquor Store 260795 700 DIETHELM,TAMMY L Burial&Marker Fees Pleasant Hill Cemetery 260868 700 WARNING LITES Other Rentals Recycle Rebate 260528 698 FIRE SAFETY USA INC Equipment Repair&Maint Fire 260782 688 BUCKEYE CLEANING CENTERS Operating Supplies-Station sup Fire 1019894 684 STREICHERS Clothing&Uniforms Police 260869 682 WATER CONSERVATION SERVICES INC OCS-Leak Detection Water Distribution 260516 675 DATA PRACTICES OFFICE Tuition Reimbursement/School Police 260571 673 MODIST BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 260824 670 LANO EQUIPMENT INC Machinery&Equipment Capital Outlay Parks 260409 658 DOMACE VINO Liquor Product Received Prairie View Liquor Store 260478 656 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions 260657 650 D H EXCAVATING Burial&Marker Fees Pleasant Hill Cemetery 260503 630 BLOOMINGTON,CITY OF Kennel Services Animal Control 260704 630 LUPULIN BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 1019978 624 SITEONE LANDSCAPE SUPPLY,LLC Landscape Materials/Supp Street Maintenance 1019997 614 LOCATORS&SUPPLIES INC Operating Supplies Street Maintenance 260658 612 DALE GREEN COMPANY,THE Landscape Materials/Supp Park Maintenance 1019969 604 BERRY COFFEE COMPANY Merchandise for Resale Concessions 1019968 602 BATTERIES PLUS Repair&Maint.Supplies Emergency Preparedness 260476 601 SUNBURST CHEMICALS INC Cleaning Supplies Garden Room Repairs 260576 600 NELSON BROOKE Other Contracted Services Summer Theatre 260670 600 FOCI MINNESOTA CENTER FOR GLASS ARTS Special Event Fees Arts Center 1019916 597 PETERSON,ROBERT Mileage&Parking Utility Operations-General 260753 595 VETERAN SHREDDING Special Event Fees Senior Center Programs 6615 593 FURTHER-AKA SELECT FSA-Dependent Care Health and Benefits 1019906 584 CUSTOM HOSE TECH Equipment Parts Fleet Operating 260393 576 BRO-TEX INC Operating Supplies Fleet Operating 260804 569 FLEET MAINTENANCE INC Equipment Repair&Maint Fleet Operating 260831 564 MODIST BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 260609 559 UNIVERSAL ATHLETIC SERVICES INC Clothing Volleyball 260790 555 CONSTRUCTION MATERIALS INC Asphalt Overlay Street Maintenance 1019805 555 BUCHANAN,KURT Travel Expense Fire 260808 551 GRAPE BEGINNINGS Liquor Product Received Prairie Village Liquor Store 260703 548 LIONS GATE MARKETING Operating Supplies Fitness Center 260389 548 BOURGET IMPORTS Liquor Product Received Prairie View Liquor Store 260718 547 NAC Contract Svcs-Plumbing Maintenance Facility 260602 544 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions 1019909 544 FASTENAL COMPANY Equipment Parts Fleet Operating 1019816 543 THE OASIS GROUP Employee Assistance Organizational Services 260745 541 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions 260451 540 MODIST BREWING COMPANY Liquor Product Received Prairie View Liquor Store Check# Amount Supplier/Explanation Account Description Business Unit Comments 260616 525 WELLS FARGO BANK MINNESOTA NA Paying Agent 2012B GO Refund Capital Improv 1019963 525 WALL TRENDS INC Contract Svcs-Gener Fire Station#4 260424 522 GRAPE BEGINNINGS Liquor Product Received Prairie View Liquor Store 260606 520 TIRE TOWN INC Contract Svcs-Ice Rink Ice Arena Maintenance 260803 520 FIRE SAFETY USA INC Protective Clothing-Misc. Fire 260755 519 WARNING LITES Operating Supplies Traffic Signs 1019828 519 GRAINGER Repair&Maint.Supplies Facilities Staff 260722 516 OXYGEN SERVICE COMPANY EMS Supplies-Oxygen Supplies Fire 1019955 511 SIMPLEXGRINNELL LP Contract Svcs-Fire/Life/Safe City Hall(City Cost) 1020012 509 ZIEGLER INC Equipment Repair&Maint Fleet Operating 260572 500 MOLLIERAE ART Other Contracted Services Arts 260579 500 OKOKPUJIE EUGENE Other Contracted Services Arts 260659 500 DAVIS ANGELA Other Contracted Services Arts 260713 500 MINNESOTA DEPARTMENT OF REVENUE Conference/Training Assessing 260498 497 ASPEN MILLS Clothing&Uniforms Fire 260730 495 PRODUCT DEVELOPMENT MACHINE INC Liquor Product Received Prairie View Liquor Store 1019806 492 FASTENAL COMPANY Equipment Parts Fleet Operating 260519 488 DODGE OF BURNSVILLE Equipment Parts Fleet Operating 1019910 486 FLEETPRIDE INC Equipment Parts Fleet Operating 260446 482 MIDWEST COCA COLA BOTTLING COMPANY Liquor Product Received Prairie Village Liquor Store 1019996 480 IDEAL SERVICE INC Equipment Repair&Maint Water Supply(Wells) 260798 479 EDEN PRAIRIE APPLIANCE Supplies-General Bldg Maintenance Facility 1019908 477 EXTREME BEVERAGE Liquor Product Received Den Road Liquor Store 1019980 471 VAN PAPER COMPANY Cleaning Supplies Pool Maintenance 260610 469 UNIVERSITY OF MINNESOTA,VMC Canine Supplies Police 260856 461 STEEL TOE BREWING LLC Liquor Product Received Prairie Village Liquor Store 260786 456 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store 260600 455 STEEL TOE BREWING LLC Liquor Product Received Prairie Village Liquor Store 1019977 455 SHAMROCK GROUP,INC-ACE ICE Liquor Product Received Prairie Village Liquor Store 260619 453 PETTY CASH-POLICE DEPT Canine Supplies Police 260759 450 ZACKS INC Small Tools Street Maintenance 260762 450 ECO SHRED MN INC Other Contracted Services Recycle Rebate 1019930 447 AMERITRAK Other Contracted Services Snow&Ice Control 1019902 444 ZIEGLER INC Equipment Repair&Maint Fleet Operating 260777 442 BLOOMINGTON SECURITY SOLUTIONS Supplies-Security Prairie View Park 260863 440 UNIVERSAL ATHLETIC SERVICES INC Operating Supplies Park Maintenance 1019960 438 TWIN CITY SEED CO Landscape Materials/Supp Park Maintenance 260815 435 INTERTECH INC Contract Development IT Operating 1019888 434 MINNESOTA ROADWAYS CO Patching Asphalt Street Maintenance 260515 434 CONCRETE CUTTING AND CORING Protective Clothing Park Maintenance 1019857 427 CUSTOM HOSE TECH Equipment Parts Fleet Operating 1019865 427 SHAMROCK GROUP,INC-ACE ICE Liquor Product Received Prairie Village Liquor Store 1020003 426 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical Water Treatment 1019897 426 VISTAR CORPORATION Merchandise for Resale Concessions 260680 425 HENNEPIN COUNTY FIRE CHIEF ASSOCIATION Dues&Sub-Cert&Licensing Fire 260502 423 BLACK STACK BREWING INC Liquor Product Received Prairie Village Liquor Store 260546 421 INDEED BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store 1019885 419 MENARDS Building Materials Park Maintenance 1019862 419 KRUEGER,MARK Miscellaneous Reserves 260477 410 SYMBOLARTS Operating Supplies Safety Camp 1019956 405 SPS COMPANIES Supplies-Plumbing Maintenance Facility 260642 405 CAMPBELL KNUTSON,P.A. Legal WAFTA 260599 403 STAPLES ADVANTAGE Office Supplies Senior Center Check# Amount Supplier/Explanation Account Description Business Unit Comments 260638 400 BERNICK'S WINE Liquor Product Received Den Road Liquor Store 1019830 399 MENARDS Operating Supplies Water Treatment 1019847 398 ADAMS PEST CONTROL INC Contract Svcs-Pest Control Fitness/Conference-Cmty Ctr 260785 398 CENTURYLINK Telephone IT Operating 260462 394 PRESSWRITE PRINTING INC Deposits 494 Corridor Commission 260873 389 CAPREF EDEN PRAIRIE LLC Building Rental Housing and Community Service 1019975 385 PROSOURCE SUPPLY Supplies-General Bldg Fitness/Conference-Cmty Ctr 6623 382 SAGE PAYMENT SOLUTIONS Bank and Service Charges Wastewater Accounting 260843 381 PLANT&FLANGED EQUIPMENT Repair&Maint.Supplies Park Maintenance 1019883 380 GRAINGER Supplies-HVAC Maintenance Facility 260469 379 SIGNSOURCE Operating Supplies Fitness Center 260470 375 SOUNDS GREAT&SPECIAL SOUNDS INC Other Contracted Services Special Events&Trips 260458 371 OUTDOOR ENVIRONMENTS INC Other Contracted Services Pleasant Hill Cemetery 1019827 361 ENVIRONMENTAL PROCESS INC Contract Svcs-Ice Rink Ice Arena Maintenance 260859 360 TKO WINES,INC Liquor Product Received Prairie Village Liquor Store 260430 356 HOME DEPOT CREDIT SERVICES Supplies-General Building Police(City Cost) 1019976 352 QUALITY PROPANE Motor Fuels Fleet Operating 260421 352 FLYING CLOUD TRANSFER STATION 4553 Waste Disposal Park Maintenance 1019945 351 LEROY JOB TRUCKING INC Other Contracted Services Animal Control 260531 350 GAS TANK REND OF MINNESOTA Equipment Repair&Maint Fleet Operating 1019808 345 GREATAMERICA FINANCIAL SVCS Postage Customer Service 260684 343 HOME DEPOT CREDIT SERVICES Supplies-General Bldg Pool Maintenance 260826 336 LUBE-TECH&PARTNERS LLC Lubricants&Additives Fleet Operating 260406 335 CORPORATE TECHNOLOGIES Deposits 494 Corridor Commission 260636 332 BECKER ARENA PRODUCTS INC Repair&Maint-Ice Rink Ice Arena Maintenance 1019855 325 CARLSTON,BRANDON Clothing&Uniforms Police 1019940 320 HANSEN THORP PELLINEN OLSON Other Contracted Services Capital Maint.&Reinvestment 1019999 319 METRO SALES INCORPORATED* Equipment Rentals IT Operating 260778 317 BOURGET IMPORTS Liquor Product Received Den Road Liquor Store 1019966 315 ADAMS PEST CONTROL INC Contract Svcs-Pest Control Arts Center 260691 313 J H LARSON COMPANY Repair&Maint.Supplies Miller Park 260742 309 STAPLES ADVANTAGE Office Supplies Customer Service 1019813 307 QUALITY PROPANE Motor Fuels Fleet Operating 260830 304 MIRACLE RECREATION EQUIPMENT CO Equipment Repair&Maint Park Maintenance 1019919 301 PROSOURCE SUPPLY Cleaning Supplies Fitness/Conference-Cmty Ctr 6612 300 FURTHER-AKA SELECT HRA Health and Benefits 260417 300 FAZZIO,SHANE Rebates Water Conservation 260739 300 SILVER STAR INDUSTRIES Equipment Parts Fleet Capital 260517 300 DEALER AUTOMOTIVE SERVICES INC Equipment Repair&Maint Fleet Operating 260508 294 CENTURYLINK Telephone Wastewater Lift Station 260450 293 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Traffic Signals 1019844 292 WATSON CO INC,THE Merchandise for Resale Concessions 6614 292 US BANK-PAYMODE Bank and Service Charges Finance 260411 288 E A SWEEN COMPANY Merchandise for Resale Concessions 1019948 287 MENARDS Landscape Materials/Supp Pool Maintenance 260433 286 INDEED BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store 1019899 285 WICHTERMAN'S LTD Equipment Repair&Maint Fleet Operating 1019804 283 BOUNDLESS NETWORK Operating Supplies Stormwater Non-Capital 260527 278 ENVIRONMENTAL EQUIPMENT&SERVICES Equipment Parts Fleet Operating 260557 275 LAKELAND ENGINEERING EQUIP CO Equipment Parts Water Treatment 1019801 273 ADAMS PEST CONTROL INC Contract Svcs-Pest Control Arts Center 1019984 273 ASPEN EQUIPMENT CO. Equipment Parts Wasterwater Collection 260587 265 RETROFIT COMPANIES,INC,THE Supplies-Electrical Ice Arena Maintenance Check# Amount Supplier/Explanation Account Description Business Unit Comments 260618 264 WRS IMPORTS Liquor Product Received Prairie Village Liquor Store 260829 264 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Customer Service 260672 263 GOPHER STATE ONE-CALL OCS-Utility Locates Utility Operations-General 260412 260 EDEN PRAIRIE FOOD SERVICES Miscellaneous Records Management 260654 260 COMMERCIAL ASPHALT CO Patching Asphalt Street Maintenance 260729 260 PRINT SOURCE MINNESOTA Printing Summer Theatre 1019868 255 STONEBROOKE Equipment Parts Fleet Operating 260776 252 BLACK STACK BREWING INC Liquor Product Received Den Road Liquor Store 260668 252 EMERGENCY AUTOMOTIVE TECHNOLOGY INC Autos Fleet Capital 260608 250 UNITED STATES POSTAL SERVICE Postage Senior Center Admin 260532 250 GOODWIN,BRUCE Tuition Reimbursement/School Police 260580 248 OLSEN CHAIN&CABLE Operating Supplies Staring Lake 1019893 247 SHI CORP Capital Under$25,000 Street Maintenance 260763 247 ACTIVE 911 INC Other Contracted Services Police 1019920 246 QUALITY PROPANE Equipment Parts Ice Arena Maintenance 1019834 240 NORTH CENTRAL LABORATORIES Lab Supplies Water Treatment 260797 237 E A SWEEN COMPANY Merchandise for Resale Concessions 260413 237 EDEN PRAIRIE ROTARY CLUB Dues&Subscriptions Administration 260667 237 EDEN PRAIRIE ROTARY CLUB Dues&Subscriptions Fire 1019880 236 ECM PUBLISHERS INC Employment Advertising Organizational Services 260651 235 COMCAST Cable TV Fire 260439 232 KEEPRS INC. Clothing&Uniforms Reserves 260752 232 VERIZON WIRELESS Other Contracted Services Park Maintenance 1019850 231 BERRY COFFEE COMPANY Merchandise for Resale Concessions 1019887 230 METROPOLITAN AIRPORTS COMMISSION Tuition Reimbursement/School Police 260442 225 LEIFELD FRAMING Miscellaneous Reserves 1019802 223 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Prairie Village Liquor Store 260518 222 DIRECTV Other Contracted Services Community Center Admin 260405 222 CORE&MAIN Equipment Parts Water Metering 260510 219 CINTAS Operating Supplies Park Maintenance 260737 216 SCHRAM,SCOTT Mileage&Parking Water Treatment 260474 210 STEEL TOE BREWING LLC Liquor Product Received Den Road Liquor Store 260521 205 E A SWEEN COMPANY Merchandise for Resale Concessions 1019895 203 TWIN CITY SEED CO Landscape Materials/Supp Stormwater Collection 1019839 202 SPRINT Deposits 494 Corridor Commission 260509 202 CHANKASKA CREEK RANCH&WINERY,LLC Liquor Product Received Prairie Village Liquor Store 6600 200 VANCO SERVICES Bank and Service Charges Wastewater Accounting 260499 200 AUGDAHL,KRIS Other Contracted Services Theatre Initiative 260646 200 CITY OF SAINT PAUL Tuition Reimbursement/School Police 260750 200 VELIKSON ILYA Rebates Water Conservation 1019854 200 CARLSON,KEVIN Lime Residual Removal Water Treatment 260851 200 SILVER STAR INDUSTRIES Autos General Fixed Asset Account Gr 1019935 197 ECM PUBLISHERS INC Employment Advertising Organizational Services 260849 195 SIGNSOURCE Advertising Community Center Admin 260547 193 INDOFF INCORPORATED Office Supplies Community Center Admin 1019864 192 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 260385 192 BCA-MNJIS Employment Support Test Fire 260514 190 COMCAST Internet IT Operating 260526 189 ENKI BREWING COMPANY INC Liquor Product Received Prairie Village Liquor Store 260816 189 J H LARSON COMPANY Repair&Maint.Supplies Capital Outlay Parks 260586 188 PRINT SOURCE MINNESOTA Printing Arts in the Park 260463 184 PRINCIPAL FINANCIAL GROUP Deposits 494 Corridor Commission 1019967 184 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Prairie View Liquor Store Check# Amount Supplier/Explanation Account Description Business Unit Comments 1019849 182 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Prairie View Liquor Store 1019871 182 VANDENBERGHE,MARK Conference/Training Public Safety Communications 260468 176 SIGNSOURCE Printing Special Initiatives 260624 176 ABLE SEEDHOUSE AND BREWERY Liquor Product Received Den Road Liquor Store 260645 171 CINTAS CORPORATION Safety Supplies Community Center Admin 260644 169 CENTURYLINK Internet IT Operating 260428 167 HENNEPIN COUNTY MEDICAL CENTER EMS Supplies-AED Fire 260399 166 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store 1019803 166 BATTERIES PLUS Equipment Repair&Maint Wasterwater Collection 260555 165 KEEPRS INC. Clothing&Uniforms Reserves 1019892 165 RIGID HITCH INCORPORATED Equipment Parts Fleet Operating 1019867 163 STAAF,CARTER Travel Expense Police 1019936 155 EDEN PRAIRIE FIREFIGHTER'S RELIEF ASSOC Union Dues Withheld Health and Benefits 260860 155 TOUCHPOINT LOGIC LLC Equipment Repair&Maint Cable PEG 1019886 155 METRO SALES INCORPORATED* Inside Building Repair&Maint Utility Operations-General 260601 155 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 260747 153 TRANSUNION RISK&ALTERNATIVE DATA Other Contracted Services Police 260806 153 GAS TANK RENU OF MINNESOTA Equipment Repair&Maint Fleet Operating 1019993 152 GRAINGER Repair&Maint.Supplies Facilities Staff 260865 150 VOLAVKA,LYNDA Instructor Service Special Events&Trips 1019961 150 USA SECURITY Maintenance Contracts Water Treatment 260568 149 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Customer Service 1019837 149 SHERWIN WILLIAMS CO Operating Supplies Park Maintenance 260661 148 DODGE OF BURNSVILLE Equipment Parts Fleet Operating 260403 147 CONCRETE CUTTING AND CORING Landscape Materials/Supp Street Maintenance 260740 144 SMALL LOT MN Liquor Product Received Prairie Village Liquor Store 1019958 143 STERICYCLE INC Other Contracted Services Police 260622 140 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 260588 138 REYNOLDS KATRIINA AR Utility Water Enterprise Fund 260749 138 URBAN GROWLER BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store 6599 132 OPTUM HEALTH Other Contracted Services Health and Benefits 1019937 132 FORCE AMERICA Equipment Parts Fleet Operating 260593 132 SIGNSOURCE Printing Staring Lake Concert 260594 132 SIGNSOURCE Printing Arts in the Park 260561 129 LOMPIAN WINES LLC Liquor Product Received Den Road Liquor Store 1019971 127 FASTENAL COMPANY Equipment Parts Fleet Operating 260581 127 OLSEN'S EMBROIDERY/COMPANY Clothing&Uniforms Utility Operations-General 260408 126 DODGE OF BURNSVILLE Equipment Parts Fleet Operating 260655 126 COMMUNITY HEALTH CHARITIES OF MINNESOTA Charitable Contributions Health and Benefits 260422 125 FUN EXPRESS Operating Supplies Youth Programs Admin 260821 124 KEEPRS INC. Clothing&Uniforms Reserves 260731 124 PROP-DO NOT USE Charitable Contributions Health and Benefits 260734 121 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Prairie Village Liquor Store 260384 121 ASPEN MILLS Clothing&Uniforms Fire 260440 120 KEEPSAKE CIDERY LLP Liquor Product Received Prairie View Liquor Store 260443 120 LICUPA CLAUDINE P&R Refunds Community Center Admin 260623 120 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 1019918 120 PRINTERS SERVICE INC Contract Svcs-Ice Rink Ice Arena Maintenance 1019987 119 BOYER TRUCKS Equipment Parts Fleet Operating 260649 116 COMCAST Cable TV Fire 260545 115 IDN-H.HOFFMAN,INC Supplies-Security Park Shelters 260459 115 OXYGEN SERVICE COMPANY EMS Supplies-Oxygen Supplies Fire 1019925 115 TOLL GAS AND WELDING SUPPLY Repair&Maint.Supplies Wasterwater Collection Check# Amount Supplier/Explanation Account Description Business Unit Comments 260434 114 INDOFF INCORPORATED Office Supplies Customer Service 1019904 114 BOUNDLESS NETWORK Clothing&Uniforms Facilities Staff 260788 112 COMCAST Cable TV Fire 1019986 111 BOBBY&STEVE'S AUTO WORLD EDEN PRAIRIE Equipment Repair&Maint Police 260632 111 ASPEN MILLS Clothing&Uniforms Fire 260690 109 IPMA-HR Dues&Subscriptions Human Resources 260696 108 KEEPRS INC. Clothing&Uniforms Fire 1019833 106 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 260726 106 PETSMART Canine Supplies Police 260401 105 COMCAST Deposits 494 Corridor Commission 260475 103 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 260455 103 OFFICE OF MN IT SERVICES Other Contracted Services Police 260834 103 OLSEN CHAIN&CABLE Operating Supplies Park Maintenance 260488 102 WINSUPPLY EDEN PRAIRIE MN CO Equipment Repair&Maint Traffic Signals 1019851 101 BOHNSACK,SUE Mileage&Parking Senior Center Admin 260682 101 HENNEPIN COUNTY RESIDENT&REAL ESTATE Software Maintenance IT Operating 260838 100 PASSARO,JESSICA Operating Supplies Theatre Initiative 260416 100 FAWVER,JUDITH Rebates Water Conservation 260452 100 MOQUIST,LYNDON Other Contracted Services Assessing 260454 100 O'CONNOR,ANNETTE Other Contracted Services Assessing 260466 100 RIAL KRISTIN Other Contracted Services Assessing 260480 100 THOMPSON,NATE Other Contracted Services Assessing 260633 100 BANG ROBERT&DEBRA Rebates Water Conservation 260677 100 HAM TAO Rebates Water Conservation 260705 100 MACPHAIL DAVID Rebates Water Conservation 260708 100 MARASCO ERIC Rebates Water Conservation 260719 100 OLSON VALERIE Rebates Water Conservation 260723 100 PATHRIKAR SACHIN Rebates Water Conservation 260725 100 PAWLAK JIL Rebates Water Conservation 260738 100 SELVIG ERICH Rebates Water Conservation 260744 100 SVENDSEN,PATRICIA Rebates Water Conservation 260764 100 AGARWAL PRATEEK Rebates Water Conservation 260775 100 BETZ CYNTHIA Rebates Water Conservation 260839 100 PASUPATHY PALANIAPPAN Rebates Water Conservation 260845 100 RATTAI LILLIAN Rebates Water Conservation 260866 100 VUONG BINH Rebates Water Conservation 1019832 100 MINNESOTA RECREATION&PARK ASSOCIATION Employment Advertising Organizational Services 1019914 100 METROPOLITAN FORD Equipment Repair&Maint Fleet Operating 1019923 100 STOVRING,LESLIE Rebates Water Conservation 260867 99 WALBURG JAMES Rebates Water Conservation 1019842 98 TOWMASTER INC Equipment Parts Fleet Operating 1019973 96 JOHNSTONE SUPPLY Supplies-HVAC Fitness/Conference-Cmty Ctr 260592 94 SCHOLTZ JILL P&R Refunds Community Center Admin 260695 90 KALKHOF ERIC Rebates Water Conservation 260758 89 WINSUPPLY EDEN PRAIRIE MN CO Repair&Maint.Supplies Riley Lake 260629 86 AQUA LOGIC INC Supplies-Pool Pool Maintenance 260844 86 PRAIRIE LAWN AND GARDEN Building Repair&Maint. Utility Operations-General 260494 86 AMEREQ INC Operating Supplies Tree Disease 6598 83 MONEY MOVERS INC Other Contracted Services Community Center Admin 260653 81 COMCAST Equipment Repair&Maint E-911 Program 260544 80 IBRAHIM,MOHAMOUD Tuition Reimbursement/School Police 260848 80 SHRED RIGHT Waste Disposal City Hall(City Cost) 260827 79 MALLO,JOHN E Operating Supplies Outdoor Center Check# Amount Supplier/Explanation Account Description Business Unit Comments 260407 79 CUB FOODS EDEN PRAIRIE Operating Supplies Police 1019944 78 LANDS END CORPORATE SALES Clothing&Uniforms Police 260493 76 ALTEC INDUSTRIES INC Equipment Parts Snow&Ice Control 1019889 76 MTI DISTRIBUTING INC Equipment Repair&Maint Park Maintenance 1019815 75 STRONER,ELIZABETH Operating Supplies Police 1019869 74 SUEDBECK,CARRIE Mileage&Parking Fire 260842 72 PK BLOODY MARY CORP Liquor Product Received Prairie View Liquor Store 260444 72 MEREDITH KATE Deposits 494 Corridor Commission 1019812 71 METROPOLITAN FORD Equipment Parts Fleet Operating 1019974 70 METROPOLITAN FORD Equipment Repair&Maint Fleet Operating 260697 69 KNECHT'S NURSERIES&LANDSCAPING INC Landscape Materials/Supp Reforestation 1019949 69 MOOD MEDIA Other Contracted Services Prairie Village Liquor Store 260837 67 PARK NICOLLET CLINIC Employment Support Test Organizational Services 260812 65 HARRIS NATANYA Rebates Water Conservation 260456 64 OLSEN CHAIN&CABLE Equipment Parts Street Maintenance 1019896 61 UPS Postage Police 1019911 59 JOHNSON,PHILLIP Training Supplies Police 1019970 59 BUSINESS ESSENTIALS Office Supplies Utility Operations-General 260612 59 VARONE,JOHN B P&R Refunds Community Center Admin 260721 58 OSBORN MARK Rebates Water Conservation 260870 57 WHEELER LUMBER LLC Landscape Materials/Supp Street Maintenance 260732 56 QUESENBERRY,TYLER Training Supplies Police 260794 55 CUB FOODS EDEN PRAIRIE Training Supplies Police 1019915 55 NORTHERN SAFETY TECHNOLOGY INC Autos Fleet-Police 260582 55 PARK NICOLLET OPTICAL Health&Fitness Fire 260748 54 UNITED WAY Charitable Contributions Health and Benefits 260787 53 COMCAST Internet IT Operating 260852 52 SNAP-ON TOOLS Small Tools Fleet Operating 260663 52 E A SWEEN COMPANY Merchandise for Resale Concessions 260387 52 BLUE TARP FINANCIAL INC Operating Supplies Snow&Ice Control 260449 51 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Customer Service 260506 51 BRONS,KERRY Operating Supplies Day Care 260392 50 BROOKLYN PARK POLICE DEPARTMENT Tuition Reimbursement/School Police 260485 50 WALKER,TODD Other Contracted Services Assessing 260486 50 WESTPHAL CHRISTINE Rebates Water Conservation 260551 50 JENSEN JAMIE Rebates Water Conservation 260701 50 LEER JOHN Rebates Water Conservation 260702 50 LINDSEY LIL Rebates Water Conservation 260711 50 MCFOA Dues&Subscriptions Administration 260805 50 FREED BRETT Rebates Water Conservation 260817 50 JACOBSEN MICHAEL Rebates Water Conservation 260820 50 JOHNSON JAY Rebates Water Conservation 260857 50 STEWART JENNIFER Rebates Water Conservation 1019810 50 HYNEK,EVAN Dues&Subscriptions Police 1019951 48 PREMIUM WATERS INC Operating Supplies-Water Fire 260789 45 COMCAST Cable TV Fire 1019991 44 FORCE AMERICA Equipment Parts Fleet Operating 260678 42 HARTMAN NANCY AR Utility Water Enterprise Fund 260435 40 IPMA-HR MINNESOTA Conference/Training Human Resources 260578 40 NOKOMIS SHOE SHOP Clothing&Uniforms Park Maintenance 260415 39 EVANS,BETSY Rebates Water Conservation 260575 35 NDIFOR,REGINE P&R Refunds Community Center Admin 260666 35 EDEN PRAIRIE FOUNDATION Charitable Contributions Health and Benefits Check# Amount Supplier/Explanation Account Description Business Unit Comments 1019807 35 GOERGEN,MARIE Tuition Reimbursement/School Fitness Classes 1019922 33 STAAF,CARTER Other Contracted Services Police 260550 33 JENKINS,JOEL S Conference/Training Softball 260558 33 LANGSETH ALAN Conference/Training Softball 260577 33 NEUMANN,NEAL Conference/Training Softball 260589 33 ROCK KEITH Conference/Training Softball 1019858 33 DESAULNIERS,DAN Conference/Training Softball 1019859 33 ELIASON,STEVE J Conference/Training Softball 1019860 33 FALCK,TIMOTHY R Conference/Training Softball 1019873 33 ZOELLNER,MARK Conference/Training Softball 260567 32 MINNESOTA DEPT OF HEALTH Licenses,Taxes,Fees Water Treatment 260620 32 440400-NCPERS MINNESOTA PERA Health and Benefits 6625 31 SAGE PAYMENT SOLUTIONS Bank and Service Charges Historical Culture 260850 29 SIGNSOURCE Operating Supplies Community Center Admin 260760 28 FAGLEY CALVIN Deposits Escrow 260512 27 COMCAST Cable TV Fire 260431 25 HUBERT SARAH Rebates Water Conservation 260706 25 MAMA Conference/Training Administration 260621 24 A TO Z RENTAL CENTER Repair&Maint.Supplies Fire 1019836 23 QUICKSILVER EXPRESS COURIER Operating Supplies Engineering 260448 23 MINNESOTA DEPT OF HEALTH Dues&Subscriptions Utility Operations-General 260714 23 MINNESOTA DEPT OF HEALTH Dues&Subscriptions Utility Operations-General 260447 23 MINNEAPOLIS FINANCE DEPARTMENT Software Maintenance IT Operating 260710 22 MCCABE JIM P&R Refunds Community Center Admin 260864 22 VERLEY,TARYN Operating Supplies Theatre Initiative 260665 21 EDEN PRAIRIE CRIME PREVENTION FUND Charitable Contributions Health and Benefits 6616 21 SQUARE Bank and Service Charges Community Center Admin 260404 20 CONTECH ENGINEERED SOLUTIONS LLC Equipment Parts Stormwater Collection 260397 20 CHRIS CASTLE INC Deposits 494 Corridor Commission 260615 20 WASHINGTON COUNTY Licenses,Taxes,Fees Police 260836 17 OLSON VALERIE Rebates Water Conservation 1020008 17 UPS Postage Planning 260453 16 NELSON,ROBIN Deposits 494 Corridor Commission 260650 16 COMCAST Cable TV Fire 260652 16 COMCAST Cable TV Fire 260379 15 A TO Z RENTAL CENTER Repair&Maint.Supplies Fire 1019838 14 SPRINT Pager&Cell Phone IT Operating 260791 14 CORDES JENNIFER Operating Supplies Theatre Initiative 260694 13 JOHNSON HARRIET P&R Refunds Community Center Admin 260381 12 AKERLIND JAMES Rebates Water Conservation 1019853 11 BUSINESS ESSENTIALS Office Supplies Utility Operations-General 260423 11 GLOBAL EQUIPMENT COMPANY Supplies-General Bldg Police(City Cost) 1019866 11 SPOK,INC. Pager&Cell Phone IT Operating 260530 11 FRED,MARY P&R Refunds Community Center Admin 1019843 11 UPS Postage Human Resources 260525 10 ELKO DEBRA P&R Refunds Community Center Admin 260533 10 GRAIZIGER STACEY P&R Refunds Community Center Admin 260716 10 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Riley Creek Woods 260799 10 EDEN PRAIRIE CHAMBER OF COMMERCE Miscellaneous Economic Development 260552 7 JERRY'S ENTERPRISES INC Repair&Maint.Supplies Water Metering 260400 7 COMCAST Cable TV Fire 260513 2 COMCAST Other Contracted Services Police 4,321,988 Grand Total City of Eden Prairie Purchasing Card Payment Report 6/12/2018 Amount Explanation Vendor Account Description Business Unit 8,544 US-sand volleyball net-riley SPORTS IMPORTS INC Capital Under$25,000 Volleyball 4,027 US-Mar 2018 Bldg Surchgs DEPT OF LABOR&INDUSTRY Building Surcharge General Fund 3,993 US-wine club event 4IMPRINT Operating Supplies Wine Club/Events 2,800 US-registration MN CIT OFFICERS ASSOCIATION Tuition Reimbursement/School Police 2,800 US-CIT cert MN CIT OFFICERS ASSOCIATION Tuition Reimbursement/School Police 2,080 US-slide boards-CAGE VARISPORT Capital Under$25,000 Fitness Center 2,000 US-LTS rental skates RIEDELL SHOES Capital Under$25,000 Ice Lessons 1,871 US-IAFC annual dues INT'L ASSOC OF FIRE CHIEFS Dues&Subscriptions Fire 1,800 US-POST license renewals MINNESOTA POST BOARD Licenses,Permits,Taxes,Fees Police 1,508 US-truck tire chains WHEELCO Equipment Parts Fleet Operating 1,277 US-hotel for conf SHERATON HOTEL Tuition Reimbursement/School Police 1,277 US-Tyler conf SHERATON HOTEL Tuition Reimbursement/School Police 1,161 US-lodging JW MARRIOTT Travel Expense Fire 1,158 US-K Buchanan FDIC training COURTYARD MARRIOTT Conference/Training Fire 1,158 US-J Young FDIC training COURTYARD MARRIOTT Conference/Training Fire 1,158 US-K Cox FDIC training COURTYARD MARRIOTT Conference/Training Fire 1,085 US-shed MENARDS Building Materials Park Maintenance 1,005 US-Cage grant equipment POWER SYSTEMS Capital Under$25,000 Fitness Center 976 US-employee recognition CRAVE CATERING Miscellaneous Internal Events 958 US-new world conf-R Higgins SHERATON HOTEL Conference/Training IT Operating 958 US-new world conf-J Goldnestei SHERATON HOTEL Conference/Training IT Operating 957 US-volunteer recognition CRAVE CATERING Special Event Fees Senior Center Programs 923 US-test gauge/quick connect ki BACKFLOW PARTS TO GO Small Tools Park Maintenance 900 US-letter art FIREFIGHTER LETTER ART Operating Supplies Fire 889 US-night site repair FLIR SURVEILLANCE Equipment Repair&Maint Police 875 US-Mayors Conf UNITED STATES CONFERENCE OF MA Conference/Training City Council 870 US-FDIC JW MARRIOTT Travel Expense Fire 821 US-tennis t shirts SIGNATURE CONCEPTS INC. Clothing&Uniforms Tennis 817 US-diesel fuel additive AMAZON.COM Lubricants&Additives Fleet Operating 786 US-Mar 2018 Bldg Surchgs DEPT OF LABOR&INDUSTRY Mechanical Surcharge General Fund 780 US-2 microphones PRO ACOUSTICS,LLC Capital Under$25,000 Fitness Classes 730 US-J Anderson FDIC training COURTYARD MARRIOTT Conference/Training Fire 697 US-crime tech camera AMAZON.COM Equipment Repair&Maint Police 695 US-D Pieczynski FDIC training COURTYARD MARRIOTT Conference/Training Fire 681 US-coffee COFFEE WHOLESALE Operating Supplies Senior Center Programs 657 US-border battle lunch CRUMB GOURMET DELI Employee Award Organizational Services 651 US-hotel for training in AZ HILTON HOTELS Tuition Reimbursement/School Police 640 US-conf FDIC Conference/Training Fire 614 US-K Cox FDIC training JW MARRIOTT Conference/Training Fire 603 US-queue pole DISPLAYS2GO Operating Supplies Community Center Admin 559 US-A Swart training APPRAISAL INSTITUTE Conference/Training Assessing 558 US-archery supplies LANCASTER ARCHERY SUPPLY Operating Supplies Lesson Skills Development Amount Explanation Vendor Account Description Business Unit 528 US-rental skates RIEDELL SHOES Operating Supplies Ice Operations 526 US-shed MENARDS Building Materials Park Maintenance 512 US-April fees SCW WIM INC Licenses,Permits,Taxes,Fees Fitness Classes 509 US-staff shirts KODIAK CUSTOM LETTERING INC Clothing&Uniforms Community Center Admin 495 US-GIS trng-S Durham THE GIS 20 ESSENTIALS Other Contracted Services Planning 438 US-city gov academy QDOBA MEXICAN GRILL Miscellaneous Administration 420 US-membership IEDC Dues&Subscriptions Economic Development 411 US-snow team GINA MARIAS INC Miscellaneous Snow&Ice Control 410 US-airfare-human trafficing co DELTA AIR Tuition Reimbursement/School Police 399 US-costume rental COSTUME RENTALS Clothing&Uniforms Winter Theatre 389 US-MN Chiefs conf HOLIDAY INN&SUITES DULUTH Conference/Training Police 389 US-awards printing CROWN TROPHY Other Contracted Services Internal Events 379 US-shed MENARDS Building Materials Park Maintenance 375 US-L Moua DMT cert BCA Tuition Reimbursement/School Police 375 US-M Heine DMT cert BCA Tuition Reimbursement/School Police 365 US-gateway fees NCR SPECIALTY Bank and Service Charges Den Road Liquor Store 365 US-council food QDOBA MEXICAN GRILL Miscellaneous City Council 364 US-Mayors Conf DELTA AIR Conference/Training City Council 346 US-locate flags BLACKBURN MANUFACTURING Repair&Maint. Supplies Water Distribution 343 US-watercolor supplies BLICK ART MATERIALS Operating Supplies Arts Center 338 US-rental car-training in AZ ADVANTAGE CAR RENTAL Tuition Reimbursement/School Police 330 US-step cart POWER SYSTEMS Capital Under$25,000 Fitness Classes 329 US-human trafficing conf PAYPAL INC Tuition Reimbursement/School Police 320 US-quartermaster supply AMAZON.COM Operating Supplies Police 305 US-monthly billing fees NIMBLE SCHEDULE Other Contracted Services Community Center Admin 302 US-mailbox repair HOME DEPOT CREDIT SERVICES Building Materials Street Maintenance 298 US-medicine balls POWER SYSTEMS Health&Fitness Fire 285 US-ETI MN lodging THE INN ON LAKE SUPERIOR Tuition Reimbursement/School Police 280 US-FDIC FDIC Conference/Training Fire 266 US-SCBA RIT bag repairs AMAZON.COM Repair&Maint. Supplies Emergency Preparedness 264 US-APWA conf-R Rue GRAND VIEW LODGE Conference/Training Engineering 261 US-city gov academy CRUMB GOURMET DELI Miscellaneous Administration 260 US-flag for food truck BESTFLAG Operating Supplies Concessions 260 US-tennis carts AMAZON.COM Operating Supplies Tennis 250 US-K Cederstrom data practices BCA Tuition Reimbursement/School Police 247 US-city gov academy DAVANNI'S PIZZA Miscellaneous Administration 246 US-cartridges AMAZON.COM Process Control Equipment IT Operating 235 US-APWA conf-R Rue UNIVERSITY OF MINNESOTA Conference/Training Engineering 234 US-gateway fees NCR SPECIALTY Bank and Service Charges Prairie View Liquor Store 232 US-K Cox CC to be reimbursed COURTYARD MARRIOTT Deposits Escrow 220 US-conference room BEST WESTERN Conference/Training Senior Center Admin 217 US-highlighters/plaques AMAZON.COM Office Supplies Police 217 US-tree tube plantings PLANTRA INC Operating Supplies Tree Disease 214 US-café food SERRV Merchandise for Resale Concessions 210 US-Mar 2018 Bldg Surchgs DEPT OF LABOR&INDUSTRY Plumbing Surcharge General Fund 209 US-SOTA lodging-M Mohn BEST WESTERN Tuition Reimbursement/School Police Amount Explanation Vendor Account Description Business Unit 209 US-SOTA lodging-P Johnson BEST WESTERN Tuition Reimbursement/School Police 209 US-SOTA lodging E Geronsin BEST WESTERN Tuition Reimbursement/School Police 209 US-SOTA lodging-B Dupont BEST WESTERN Tuition Reimbursement/School Police 209 US-SOTA lodging-D Becker BEST WESTERN Tuition Reimbursement/School Police 209 US-SOTA lodging-K Breunig BEST WESTERN Tuition Reimbursement/School Police 209 US-C Ruzek membership SOCIETY FOR HUMAN RESOURCE MAN Dues&Subscriptions Human Resources 207 US-blizzard LIONS TAP Operating Supplies Fire 203 US-adult art supplies BLICK ART MATERIALS Operating Supplies Arts Center 202 US-supplies NORTHERN TOOL&EQUIPMENT Operating Supplies Park Maintenance 200 US-MN GIS/LIS workshop-M Swans MN GIS/LIS Conference/Training Engineering 195 US-supplies H6 TACTICAL INC Repair&Maint. Supplies Public Safety Communications 195 US-skate shelves MENARDS Operating Supplies Ice Operations 191 US-planer blades GRIZZLY INDUSTRIAL INC Equipment Repair&Maint Senior Center Programs 188 US-bank service chgs PLUG N PAY Bank and Service Charges Community Center Admin 187 US-shed MENARDS Building Materials Park Maintenance 180 US-council food CAVE CAFE THE Miscellaneous City Council 180 US-J Thompson seminar MAAO Conference/Training Assessing 180 US-seminar for A Swart MAAO Conference/Training Assessing 178 US-bank service chgs PLUG N PAY Bank and Service Charges Community Center Admin 177 US-meyer module kit AMAZON.COM Equipment Parts Fleet Operating 176 US-meyer module kit AMAZON.COM Equipment Parts Fleet Operating 175 US-crime tech conf PAYPAL INC Tuition Reimbursement/School Police 175 US-crime tech conf PAYPAL INC Tuition Reimbursement/School Police 175 US-crime tech conf PAYPAL INC Tuition Reimbursement/School Police 175 US-crime tech conf PAYPAL INC Tuition Reimbursement/School Police 175 US-crime tech conf PAYPAL INC Tuition Reimbursement/School Police 169 US-board games waynes project HOME DEPOT CREDIT SERVICES Operating Supplies Special Events&Trips 168 US-adult glass painting REUSCHE CO Operating Supplies Arts Center 167 US-gateway fees NCR SPECIALTY Bank and Service Charges Prairie Village Liquor Store 166 US-supplies HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance 164 US-white marking paint GLOBAL 1NDUSTRIAL.COM Repair&Maint. Supplies Water Distribution 160 US-tennis suppies AMAZON.COM Operating Supplies Tennis 155 US-laminator cartridge BRADY WORLDWIDE INC Office Supplies Utility Operations-General 154 US-tools AMAZON.COM Small Tools Water Metering 153 US-café food COSTCO Merchandise for Resale Concessions 153 US-tree stickers FASTSIGNS Operating Supplies Park Maintenance 150 US-seminar fee-3 SITEONE LANDSCAPE SUPPLY,LLC Conference/Training Park Maintenance 150 US-uniform MILLS FLEET FARM Clothing&Uniforms Utility Operations-General 149 US-apple tv for mcc-pd AMAZON.COM Capital Under$25,000 Police 146 US-shed MENARDS Building Materials Park Maintenance 143 US-spin pedals FREE MOTION FITNESS Equipment Repair&Maint Fitness Classes 142 US-supplies for café US FOOD CULINARY EQUIPMENT&S Operating Supplies Concessions 140 US-wings trip WINGS OF THE NORTH Operating Supplies Trips 139 US-employee recognition BYERLYS Miscellaneous Internal Events 139 US-irrigation MENARDS Operating Supplies Park Maintenance 135 US-red cross training AMERICAN RED CROSS Conference/Training Pool Operations Amount Explanation Vendor Account Description Business Unit 135 US-real estate license trng CONTINUINGEDEXPRESS.COM Miscellaneous Economic Development 134 US-supplies YORK Repair&Maint. Supplies Fitness/Conference-Cmty Ctr 128 US-facebook ads FACEBOOK Advertising Arts Center 123 US-mother son event OTC BRANDS Operating Supplies Community Center Admin 123 US-sr awareness-biking kickoff WALMART COMMUNITY Special Event Fees Senior Center Programs 123 US-P.E License-D Modrow BOARD OF AELSLAGID Licenses,Permits,Taxes,Fees Engineering 122 US-facebook ads FACEBOOK Advertising Youth Programs Admin 120 US-lightroom annual plan ADOBE SYSTEMS IT Operating 120 US-food for training KOWALSKI'S MARKET Training Supplies Utility Operations-General 119 US-conflict monitor calibratio UPS STORE,THE Equipment Repair&Maint Traffic Signals 118 US-hard drives for evidence st MICRO CENTER A/R Computers IT Operating 117 US-cables MY CABLE MART Operating Supplies IT Operating 113 US-pickleball awards CROWN TROPHY Operating Supplies Gymnasium(CC) 112 US-water hose AMAZON.COM Capital Under$25,000 Stormwater Capital 110 US-B Lanzi CC OFFICE DEPOT CREDIT PLAN Deposits Escrow 109 US-mrpa risk mtg MINNESOTA RECREATION&PARK AS Conference/Training Community Center Admin 109 US-battery charger#726 DEWALT FACTORY Repair&Maint. Supplies Utility Operations-General 108 US-wire barr PETSMART Equipment Parts Fleet Operating 105 US-pickers for trash HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance 105 US-toner for dispatch OFFICE DEPOT CREDIT PLAN Process Control Equipment IT Operating 103 US-office supplies OFFICE DEPOT CREDIT PLAN Operating Supplies Community Center Admin 102 US-tourniquets AMAZON.COM Operating Supplies Police 100 US-blue watch wellness conf BLUE WATCH Tuition Reimbursement/School Police 100 US-mail box repair HOME DEPOT CREDIT SERVICES Building Materials Street Maintenance 100 US-mail box repair HOME DEPOT CREDIT SERVICES Building Materials Street Maintenance 99 US-mrpa risk mtg MINNESOTA RECREATION&PARK AS Conference/Training Community Center Admin 99 US-training MRPA Conference/Training Community Center Admin 99 US-mrpa training MINNESOTA RECREATION&PARK AS Conference/Training Community Center Admin 96 US-police dishwasher WHIRLPOOL REPLACEMENT PARTS Repair&Maint. Supplies Police(City Cost) 93 US-facebook ads FACEBOOK Advertising Arts Center 92 US-parts NPI/RAM MOUNTS Equipment Parts Fleet Operating 91 US-glass art supplies W W GRAINGER INC Operating Supplies Arts Center 90 US-paper towels MENARDS Cleaning Supplies Utility Operations-General 90 US-saw blade AMAZON.COM Equipment Repair&Maint Senior Center Programs 89 US-shop tools/shed MENARDS Building Materials Park Maintenance 87 US-glass art supplies DELPHI Operating Supplies Arts Center 87 US-recruit interviews DAVANNI'S PIZZA Operating Supplies Fire 83 US-supplies THE FIRE STORE Protective Clothing Fire 81 US-CAGE wristbands WRISTBAND EXPRESS Operating Supplies Fitness Center 80 US-staff shirts KODIAK CUSTOM LETTERING INC Clothing&Uniforms Concessions 80 US-printer for megan AMAZON.COM Process Control Equipment IT Operating 80 US-coffee BLACK RIFLE COFFEE Operating Supplies Fire 79 US-supplies OFFICE DEPOT CREDIT PLAN Training Supplies Fire 79 US-band saw blades AMAZON.COM Equipment Repair&Maint Senior Center Programs 78 US-supplies TESSCO INC Operating Supplies Public Safety Communications 77 US-border battle lunch COSTCO Employee Award Organizational Services Amount Explanation Vendor Account Description Business Unit 77 US-hydrant truck tools HOME DEPOT CREDIT SERVICES Small Tools Water Distribution 76 US-hard hats FULL SOURCE LLC Safety Supplies Utility Operations-General 75 US-tent weight rental-arbor da EPIC EVENT RENTAL Other Rentals Park Maintenance 75 US-J Ficcadenti DMT recertific BCA Tuition Reimbursement/School Police 75 US-B Carlston DMT recertificat BCA Tuition Reimbursement/School Police 75 US-parking fee for conf MSP AIRPORT PARKING Tuition Reimbursement/School Police 75 US-meeting/awards MOTHERS AGAINST DRUNK DRIVERS Operating Supplies Police 74 US-café food CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 73 US-play structure cleaning TARGET Equipment Repair&Maint Day Care 73 US-facebook ads FACEBOOK Advertising Youth Programs Admin 71 US-locks for ballfields MENARDS Operating Supplies Park Maintenance 71 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 68 US-puwwmi training KOWALSKI'S MARKET Training Supplies Utility Operations-General 68 US-meals PALOMINO Operating Supplies Fire 66 US-Sunshine fund-DeMann TLF ELAINES FLOWERS AND GIFTS Deposits Escrow 66 US-Employee water COSTCO Operating Supplies Den Road Liquor Store 65 US-volunteer recognition MICHAELS-THE ARTS&CRAFTS S Special Event Fees Senior Center Programs 64 US-tools for truck HOME DEPOT CREDIT SERVICES Small Tools Wasterwater Collection 64 US-armory tools REVO BRAND GROUP,LLC Tuition Reimbursement/School Police 64 US-critter food PETCO Operating Supplies Outdoor Center 64 US-critter food PETCO Operating Supplies Outdoor Center 63 US-duds for comp forensics MICRO CENTER A/R Computers IT Operating 60 US-ballfields HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance 59 US-cleaning supplies MENARDS Cleaning Supplies Utility Operations-General 59 US-supplies COLORADO TIME SYSTEMS Operating Supplies Pool Operations 59 US-first aid kits ULINE Operating Supplies Tennis 58 US-airfare-human trafficing co DELTA AIR Tuition Reimbursement/School Police 58 US-staff shirts KODIAK CUSTOM LETTERING INC Clothing&Uniforms Day Care 58 US-supplies PAPER THERMOMETER COMPANY Repair&Maint. Supplies Fitness/Conference-Cmty Ctr 58 US-capacity labels ASG Equipment Parts Fleet Operating 57 US-office supplies OFFICE DEPOT CREDIT PLAN Operating Supplies Community Center Admin 57 US-umpire dinner meeting RED'S SAVOY PIZZA Operating Supplies Softball 55 US-art center shirts/tableclot SIR KNIGHT CLEANERS Operating Supplies Arts Center 55 US-cash drawer for mounts MMS Operating Supplies IT Operating 54 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 53 US-Adult painting class BLICK ART MATERIALS Operating Supplies Arts Center 51 US-watercolor supplies BLICK ART MATERIALS Operating Supplies Arts Center 51 US-waynes game/shed MENARDS Building Materials Park Maintenance 50 US-cab fare TAXI Tuition Reimbursement/School Police 50 US-LTS badges/supplies OFFICE DEPOT CREDIT PLAN Operating Supplies Ice Lessons 50 US-gasparick training SITEONE LANDSCAPE SUPPLY,LLC Conference/Training Park Maintenance 50 US-hammerlind training SITEONE LANDSCAPE SUPPLY,LLC Conference/Training Park Maintenance 50 US-megan-training STATE OF MINNESOTA Conference/Training Housing and Community Service 50 US-ipad mounts BEST BUY Operating Supplies Tree Disease 49 US-storm trailer supplies MENARDS Repair&Maint. Supplies Stormwater Collection 48 US-recruit interviews CRUMB GOURMET DELI Operating Supplies Fire Amount Explanation Vendor Account Description Business Unit 48 US-replacement battery-SCADA AMAZON.COM Operating Supplies IT Operating 47 US-food for troops LITTLE CAESARS Operating Supplies Police 46 US-supplies for café VALLEY POPCORN Operating Supplies Concessions 46 US-ergonic mouse AMAZON.COM Computers IT Operating 45 US-club 204 supplies WALMART COMMUNITY Operating Supplies New Adaptive 45 US-pickleball awards CARIBOU COFFEE Operating Supplies Gymnasium(CC) 45 US-pickleball awards CARIBOU COFFEE Operating Supplies Gymnasium(CC) 45 US-arbor day tree planting HOME DEPOT CREDIT SERVICES Operating Supplies Tree Disease 45 US-quartermaster supply AMAZON.COM Operating Supplies Police 44 US-storm trailer supplies HOME DEPOT CREDIT SERVICES Repair&Maint. Supplies Stormwater Collection 44 US-books PENNWELL Training Supplies Fire 44 US-mother son event PARTY CITY Operating Supplies Community Center Admin 44 US-adult art supplies BLICK ART MATERIALS Operating Supplies Arts Center 43 US-playground tennis nets HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance 42 US-puwwmi training KOWALSKI'S MARKET Training Supplies Utility Operations-General 42 US-travel to airport-FDIC TAXI Operating Supplies Fire 42 US-critter food MENARDS Operating Supplies Outdoor Center 42 US-café food COSTCO Merchandise for Resale Concessions 42 US-cab to hotel PAYPAL INC Operating Supplies Fire 40 US-hrdc-hra CUB FOODS EDEN PRAIRIE Operating Supplies Housing and Community Service 40 US-pickleball awards CARIBOU COFFEE Operating Supplies Gymnasium(CC) 39 US-Tyler conf UBER Tuition Reimbursement/School Police 39 US-Employee water COSTCO Operating Supplies Prairie Village Liquor Store 39 US-Employee water COSTCO Operating Supplies Prairie View Liquor Store 39 US-storage bins WALMART COMMUNITY Operating Supplies Youth Programs Admin 38 US-fit kids supplies WALMART COMMUNITY Operating Supplies Fit Kids Club 38 US-rink sound system EMI AUDIO Operating Supplies Ice Operations 38 US-café food COSTCO Merchandise for Resale Concessions 36 US-watercolor supplies BLICK ART MATERIALS Operating Supplies Arts Center 35 US-fuel for squad 297 HOLIDAY STATION STORES Motor Fuels Fleet Operating 35 US-canisters for café CUB FOODS EDEN PRAIRIE Operating Supplies Concessions 35 US-smetana aquatic permit DNR Licenses,Permits,Taxes,Fees Park Maintenance 34 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 33 US-ipad mini case AMAZON.COM Operating Supplies Engineering 32 US-phone chargers for evidence MY CABLE MART Operating Supplies Police 32 US-supplies HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance 32 US-conf travel UBER Tuition Reimbursement/School Police 31 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 31 US-keiths garden strings MENARDS Operating Supplies Park Maintenance 31 US-café food CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 31 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 30 US-ECAD trng AMAZON.COM Capital Under$25,000 Capital Maint.&Reinvestment 30 US-plastic for BR trees HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance 30 US-safety vests MENARDS Safety Supplies Outdoor Center 30 US-watercolor supplies BLICK ART MATERIALS Operating Supplies Arts Center 30 US-woodshop AMAZON.COM Equipment Repair&Maint Senior Center Programs Amount Explanation Vendor Account Description Business Unit 29 US-airfare-human trafficing co TRAVEL INSURANCE Tuition Reimbursement/School Police 29 US-staff shirts KODIAK CUSTOM LETTERING INC Clothing&Uniforms Pool Operations 29 US-staff shirts KODIAK CUSTOM LETTERING INC Clothing&Uniforms Ice Lessons 28 US-tools AMAZON.COM Small Tools Water Metering 28 US-watch guard mounts AMAZON.COM Office Supplies Police 27 US-café food CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 27 US-red cross training AMERICAN RED CROSS Conference/Training Pool Operations 27 US-tennis supply boxes WALMART COMMUNITY Operating Supplies Tennis 26 US-mother son event AMAZON.COM Operating Supplies Special Events&Trips 26 US-painting supplies MICHAELS-THE ARTS&CRAFTS S Operating Supplies Arts Center 25 US-new hire snacks WALMART COMMUNITY Employee Award Organizational Services 25 US-Tyler conf UBER Tuition Reimbursement/School Police 25 US-new world conf DELTA AIR Conference/Training IT Operating 25 US-new world conf DELTA AIR Conference/Training IT Operating 25 US-training supplies HIGH TECH CRIME CONSORTIUM Training Supplies Police 25 US-C Haberle training BCA Tuition Reimbursement/School Police 25 US-baggage fee DELTA AIR Tuition Reimbursement/School Police 25 US-baggage fee DELTA AIR Tuition Reimbursement/School Police 25 US-Tyler conf DELTA AIR Tuition Reimbursement/School Police 25 US-Tyler conf DELTA AIR Tuition Reimbursement/School Police 25 US-baggage fee DELTA AIR Travel Expense Fire 24 US-critter food CUB FOODS EDEN PRAIRIE Operating Supplies Outdoor Center 24 US-café food CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 24 US-Tyler conf BOSTON HARBOR CRUISES Tuition Reimbursement/School Police 24 US-mount and cables AMAZON.COM Capital Under$25,000 Police 24 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 24 US-cont ed books MICHAEL BRANDWEIN Conference/Training Day Care 23 US-mother son event TARGET Operating Supplies Special Events&Trips 23 US-schooner days HOME DEPOT CREDIT SERVICES Operating Supplies Round Lake 22 US-gloves HOME DEPOT CREDIT SERVICES Clothing&Uniforms Utility Operations-General 21 US-marking wand HOME DEPOT CREDIT SERVICES Small Tools Water Distribution 21 US-new world conf transportati MBTA AIRPORT Conference/Training IT Operating 21 US-new world conf transportati MBTA AIRPORT Conference/Training IT Operating 21 US-adult art supplies BLICK ART MATERIALS Operating Supplies Arts Center 21 US-camp supplies WALMART COMMUNITY Operating Supplies Playgrounds 21 US-mother son event AMAZON.COM Operating Supplies Special Events&Trips 20 US Jonathon stanley NATIONAL STUDENT CLEARINGHOUSE Other Contracted Services Organizational Services 20 US-umpire dinner meeting BYERLYS Operating Supplies Softball 20 US-MAGC conf MAGC Conference/Training Communications 20 US-frame for camp MICHAELS-THE ARTS&CRAFTS S Miscellaneous Heritage Preservation 20 US-northern lights awards even MAGC Miscellaneous Communications 20 US-parking/travel RTC TRANSIT Mileage&Parking Fire 20 US-skate shelves HOME DEPOT CREDIT SERVICES Operating Supplies Ice Operations 20 US Jonathon stanley NATIONAL STUDENT CLEARINGHOUSE Other Contracted Services Organizational Services 20 US-jes schrom NATIONAL STUDENT CLEARINGHOUSE Other Contracted Services Organizational Services 20 US-epermit web security PAYPAL INC IT Operating Amount Explanation Vendor Account Description Business Unit 20 US-sprinkler repair HOME DEPOT CREDIT SERVICES Landscape Materials/Supp Street Maintenance 19 US-gas for rental car QUIKTRIP Tuition Reimbursement/School Police 19 US-seniors skate COSTCO Operating Supplies Fitness Classes 19 US-Tyler conf UBER Tuition Reimbursement/School Police 18 US-st of city KOWALSKI'S MARKET Operating Supplies Senior Center Programs 18 US-arbor day tree giveaway WALMART COMMUNITY Operating Supplies Tree Disease 18 US-water for council COSTCO Repair&Maint. Supplies City Hall(City Cost) 18 US-park cleanup HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance 17 US-parts RACKEM FRELIGHTEBAY Equipment Parts Fleet Operating 17 US-sand paper AMAZON.COM Equipment Repair&Maint Senior Center Programs 17 US-painting supplies MICHAELS-THE ARTS&CRAFTS S Operating Supplies Arts Center 16 US-woa costumes PAYPAL INC Clothing&Uniforms Theatre Initiative 16 US-Tyler conf UBER Tuition Reimbursement/School Police 16 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 16 US-music for classes SPOTIFY Operating Supplies Pool Operations 16 US-costumes SAVERS Clothing&Uniforms Theatre Initiative 15 US-J Schlosser NATIONAL STUDENT CLEARINGHOUSE Other Contracted Services Organizational Services 15 US-irrigation MENARDS Operating Supplies Park Maintenance 14 US-replacement VGA cables MY CABLE MART Operating Supplies IT Operating 14 US-reserve calendar CALENDAR WIZ Operating Supplies Reserves 14 US-café food CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 13 US-puwwmi training KOWALSKI'S MARKET Training Supplies Utility Operations-General 13 US-five gathering MICHAELS-THE ARTS&CRAFTS S Operating Supplies Recreation Admin 13 US-café food BRUEGGERS BAGEL Merchandise for Resale Concessions 13 US-irrigation UPS STORE,THE Operating Supplies Park Maintenance 12 US-chaplain background mtg PIPER'S Operating Supplies Police 12 US-gloves for flushing MENARDS Operating Supplies Water Distribution 12 US-wireless moust-IT AMAZON.COM Computers IT Operating 11 US-café food KOWALSKI'S MARKET Merchandise for Resale Concessions 11 US-props SAVERS Operating Supplies Theatre Initiative 10 US-council food CUB FOODS EDEN PRAIRIE Miscellaneous City Council 10 US-software ATLASSIAN Fire 10 US-keys for HR EASYKEYS.COM Repair&Maint. Supplies City Hall(City Cost) 10 US-travel GO EXPRESS TRAVEL Travel Expense Fire 10 US-travel GO EXPRESS TRAVEL Travel Expense Fire 10 US-birthday supplies AMAZON.COM Operating Supplies Birthday Parties 9 US-filter R&R MARINE INC Equipment Parts Fleet Operating 9 US-monthly billing fees NIMBLE SCHEDULE Other Contracted Services Community Center Admin 9 US-kitchen supplies TARGET Operating Supplies Housing and Community Service 8 US-taxi TAXI Operating Supplies Fire 8 US-conf travel UBER Tuition Reimbursement/School Police 8 US-Tyler conf UBER Tuition Reimbursement/School Police 7 US-playcare batteries AMAZON.COM Operating Supplies Day Care 7 US-flash drive-Megan AMAZON.COM Computers IT Operating 7 US-mouse control HOME DEPOT CREDIT SERVICES Equipment Repair&Maint Water Supply(Wells) 6 US-birthday lighters AMAZON.COM Operating Supplies Birthday Parties Amount Explanation Vendor Account Description Business Unit 6 US-instagram employment ads FACEBOOK Advertising Den Road Liquor Store 6 US-instagram employment ads FACEBOOK Advertising Prairie View Liquor Store 6 US-instagram employment ads FACEBOOK Advertising Prairie Village Liquor Store 6 US-record awareness week COSTCO Miscellaneous Records Management 5 US-FDIC training UBER Operating Supplies Fire 5 US-playcare books FRIENDS OF THE EDEN PRAIRIE LI Operating Supplies Day Care 5 US-Tyler conf UBER Tuition Reimbursement/School Police 5 US-Tyler conf UBER Tuition Reimbursement/School Police 5 US-return parts UNITED STATES POSTAL SERVICE Equipment Parts Water Treatment 4 US-mother son event AMAZON.COM Operating Supplies Special Events&Trips 4 US-sprinkler repair HOME DEPOT CREDIT SERVICES Landscape Materials/Supp Street Maintenance 3 US-monthly billing fees NIMBLE SCHEDULE Other Contracted Services Community Center Admin 3 US-Tyler conf UBER Tuition Reimbursement/School Police 3 US-FB employment ads FACEBOOK Advertising Den Road Liquor Store 3 US-FB employment ads FACEBOOK Advertising Prairie View Liquor Store 3 US-FB employment ads FACEBOOK Advertising Prairie Village Liquor Store 3 US-meeting with B Strandell RUSTICA EDEN PRAIRIE Conference/Training Community Development Admin. 2 US-monthly billing fees NIMBLE SCHEDULE Other Contracted Services Community Center Admin 1 US-monthly billing fees NIMBLE SCHEDULE Other Contracted Services Community Center Admin 0.38 US-monthly billing fees NIMBLE SCHEDULE Other Contracted Services Community Center Admin 0.21 US-monthly billing fees NIMBLE SCHEDULE Other Contracted Services Community Center Admin 0.14 US-monthly billing fees NIMBLE SCHEDULE Other Contracted Services Community Center Admin 0.10 US-monthly billing fees NIMBLE SCHEDULE Other Contracted Services Community Center Admin 0.03 US-monthly billing fees NIMBLE SCHEDULE Other Contracted Services Community Center Admin 0.02 US-monthly billing fees NIMBLE SCHEDULE Other Contracted Services Community Center Admin -5 US-refund THE INN ON LAKE SUPERIOR Tuition Reimbursement/School Police -17 US-return shed MENARDS Building Materials Park Maintenance -34 US-return shed MENARDS Building Materials Park Maintenance -100 US-Mar 2018 Bldg Surchgs DEPT OF LABOR&INDUSTRY Other Revenue General Fund -101 US-rental car-training in AZ ADVANTAGE CAR RENTAL Tuition Reimbursement/School Police -110 US-B Lanzi CC OFFICE DEPOT CREDIT PLAN Deposits Escrow 93,175 Report Total 6/7/2018 15:14:37 Page- 1 CITY COUNCIL AGENDA DATE: SECTION: Ordinances and Resolutions June 12, 2018 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development/Planning Study of Adult Use Establishments, XI.A. Janet Jeremiah/Julie Klima Firearms Dealers and Pawnshops Requested Action Move to: • Approve the first and second reading of an Interim Ordinance Temporarily Prohibiting New Adult Use Establishments, Firearm Dealers Stores and Pawnshops; and • Approve a Resolution Authorizing Study(ies) to Determine Amendments Necessary to the City Code to Protect Public Health, Safety, Welfare and to Provide for Sound Planning Related to Adult Use Establishments, Firearms Dealers and Pawnshops; and • Adopt the resolution approving publication of the summary ordinance. Synopsis At the May 1, 2018 City Council Work Session, staff presented information related to current City Code requirements for Adult Use Establishments, Firearms Dealers and Pawnshops. Information was also presented regarding how other communities regulate these uses. The City Council requested that at a regular meeting it be presented with an action to consider an interim ordinance temporarily prohibiting new Adult Use Establishment, Firearms Dealers, and Pawnshops and directing study or studies be completed in order to understand potential impacts of these uses on surrounding properties and to determine if any amendments are necessary to the City Code in order to protect public health, safety, welfare and to provide for sound planning. Background A resolution has been prepared directing the study of these uses and their potential impacts on the community in order to determine what amendments are required to the City Code to adequately protect the public safety, health, welfare and provide for sound planning. The City Attorney has also prepared an ordinance temporarily prohibiting the establishment of new adult use establishments, firearms dealers and pawnshops during the time which the study of these uses would occur. The ordinance shall be effective for 12 months and can be further extended as allowed by State Statute. Alternatively, if the study is completed prior to the completion of the 12 month time period, the City can remove the prohibition. Attachments Ordinance Resolution Ordinance Summary Resolution Approving Summary CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2018 AN INTERIM ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA TEMPORARILY PROHIBITING ALL NEW ADULT USE ESTABLISHMENTS, PAWNSHOPS AND LICENSED FIREARM DEALER STORES; ADOPTING ENFORCEMENT PROVISIONS; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS WHEREAS the City Council was presented with a report by City Staff of the regulations of other Cities with respect to Adult Use Establishments, Pawnshops and Licensed Firearm Dealer Stores (hereinafter the Studied Uses); and WHEREAS, the City's current regulations do not adequately address Adult Use Establishments, Pawnshops and Licensed Firearm Dealer Stores; and WHEREAS, the City Council finds that to protect the planning process and the health, safety and welfare of the public the City must conduct a study to determine what amendments to the City Code will be required to deal effectively with Adult Use Establishments, Pawnshops and Firearm Dealer Stores. This study will include review of factual data relating to Adult Use Establishments, Pawnshops and Licensed Firearm Dealer Stores; review of actions taken by other governmental entities relating to Adult Use Establishments, Pawnshops and Licensed Firearm Dealer Stores; and analysis of the options relating to Adult Use Establishments, Pawnshops and Licensed Firearm Dealer Stores available to the City to protect the planning process and the health, safety and welfare of the public; and WHEREAS, the City Council has concluded that the public health, safety and welfare and sound planning require that a moratorium be imposed on the approval of any Adult Use Establishments, Pawnshops and Licensed Firearm Dealer Stores during the pendency of the study and the various public hearings preceding possible adoption amendments to the City Code. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, THAT THE CITY COUNCIL FINDS, DETERMINES, AND ORDERS AS FOLLOWS: Section 1. Findings and Intent. A. Adult Use Establishments. 1. The Minnesota State Attorney General prepared a report entitled "Report of the Attorney General's Working Group on Regulation of Sexually Oriented Businesses," dated June 6, 1989. The Report considered evidence from studies conducted in Minneapolis and St. Paul and in other cities throughout the country relating to sexually oriented businesses, also called adult establishments. The Attorney General's Report, based upon the above referenced studies and the testimony presented to it, concluded "that sexually oriented 1 businesses are associated with high crime rates and depression of property values." In addition, the Attorney General's Working Group "...heard testimony that the character of a neighborhood can dramatically change when there is a concentration of sexually oriented businesses." The Report concluded that: a. Adult uses have an impact on the neighborhoods surrounding them which is distinct from the impact caused by other commercial uses; b. Neighborhoods located within proximity to adult theaters, bookstores and other adult uses experience increased crime rates (sex-related crimes in particular), lowered property values, increased transiency, and decreased stability of ownership; c. The adverse impacts which adult uses have on surrounding areas diminish as the distance from the adult use increases; d. Studies of other cities have shown that among the crimes which tend to increase either within or in the near vicinity of adult uses are rapes, prostitution, child molestation, indecent exposure and other lewd and lascivious behavior. e. The City of Phoenix, Arizona study confirmed that the sex crime rate was on the average 500 percent higher in areas with sexually oriented businesses; f. Many members of the public perceive areas within which adult uses are located as less safe than other areas which do not have such uses; g. Studies of other cities have shown that the values of both commercial and residential properties either are diminished or fail to appreciate at the rate of other comparable properties when located in proximity of adult uses; h. The Indianapolis, Indiana study established that professional real estate appraisers believe that an adult bookstore would have a negative effect on the value of both residential and commercial properties within a one to three block area of the store; i. The adverse impacts of adult uses are exacerbated when the uses are located near each other; and j. The presence of liquor establishments in the immediate vicinity of adult uses also compounds the adverse impacts on the neighborhood. 2. City Staff presented a report to the Council identifying the regulations adopted by eight cities in the Metropolitan Area. 3. All of the cities reviewed required a license for an Adult Use; most of the cities allow an Adult Use in commercial zones; some of the cities allow Adult Use in industrial zones or both commercial and industrial; and six of the eight have distance requirements. 2 4. The City Council finds that the characteristics of Eden Prairie are similar to those of the cities cited by the Report when considering the effects of adult uses; and 5. The City Council finds, based upon the Report and the studies cited therein, that adult uses will have adverse secondary effects upon certain pre-existing land uses within the City. B. Pawnshops. 1. City Staff prepared a report to the Council identifying the regulations adopted by the City with respect to Pawnshops. 2. City regulations require Pawnshops to have a license; make a record of each piece of property received; file with the police a daily report for certain items received; obtain a photograph of each person selling or pawning any property; and make records available for inspection by the police department. 3. Other communities in the area have similar regulations. In addition, other communities have adopted one or more of the following regulations: Pawnshops not allowed Pawnshops in residentially zoned area, Pawnshops not allowed on property with a liquor license, Pawnshops not allowed on a property with unpaid taxes; Pawnshops must be 750 feet from a daycare, residential property, church, school, playground, park, library, commercial recreation facility, adult business or second-hand store or consignment house. 4. State law does not allow Pawnshops within six (6)miles of a casino. 5. The Star Tribune reported in 2013 that in 2015, 260 police agencies using the Automated Property System recovered an estimated$1.2 million worth of goods. The Automated Property System is used a primary tool by which Pawnshops file reports with police. 6. The Eden Prairie Police find stolen property through the reports filed by Pawnshops. 7. The City Council finds, based on the above that Pawn Shop may have adverse secondary effects upon certain pre-existing land uses within the City. C. Licensed Firearm Dealer Stores. 1. City Staff prepared a report to the Council identifying the regulations adopted by the City with respect to Licensed Firearm Retail Stores. 2. The Minnesota State Legislature has preempted the authority of cities to regulate firearm, ammunition or their respective components. 3. The Minnesota State Legislature allows cities to regulate the location of businesses where firearms are sold by a licensed dealer. 3 4. City Code Section 9.40 regulates the discharge of firearms in the City. A permit is required to discharge a firearm in the City; the discharge of firearms is generally limited to certain areas within the City; and the City prohibits discharge of a firearm within 1,000 feet of a building or roadway. 5. The City may regulate the location of business where firearms are sold by a firearm dealer through the zoning ordinance, provided the ordinance is not unreasonable, discriminatory or arbitrary. 6. City Staff identified four communities with regulations of Licensed Firearms Dealer Stores. While most of the communities have no specific Licensed Firearm Dealer Stores zoning regulations, the cities studied either classified firearm sales as retail sales; or allowed the use only by a Conditional Use Permit in certain zones; or impose distance requirements from other uses. One community required a firearms retail store to be 300 feet from schools, churches, daycare, public library, and governmental buildings, 1000 feet from any other gun or ammunition sales or repair business or firearms related uses, and 100 feet from any residentially zoned properties. 7. The existing Licensed Firearms Dealers in the City draw many customers from a wide area outside of the City. 8. The City Council finds, based on the above that Licensed Firearm Dealer Stores may have adverse secondary effects upon certain pre-existing land uses within the City. D. Maps of Distance Requirements. 1. City staff report included maps that showed identified 500 foot and 1000-foot buffers from schools, daycares, churches, community centers, liquor stores, parks and residential. 2. The Council finds that more study is necessary to determine whether a buffer is appropriate from any of the uses identified in the study and if so the type of buffer that is appropriate and reasonable to protect the health, safety and welfare of the City and its residents. Section 2: Definitions A. Adult Use Establishments. Adult Use Establishments include adult bookstores, adult motion picture theaters, adult motion picture rental, adult mini-motion picture theaters, adult massage parlors, adult steam room/bathhouse/sauna facilities, adult companionship establishments, adult rap/conversation parlors, adult health/sport clubs, adult cabarets, adult novelty businesses, adult motion picture arcades, adult modeling studios, adult hotels/motels, adult body painting studios, and other premises, enterprises, establishments, businesses or places open to some or all members of the public, at or in which there is an emphasis on the presentation, display, depiction or description of"specified sexual activities" or "specified anatomical areas" which are capable of being seen by members of the public. 4 B. "Specified sexual activities" or "specified anatomical areas" includes any activity consisting of any of the following: 1. The term "nudity" means uncovered, or less than opaquely covered, post-pubertal human genitals, pubic areas, the post-pubertal human female breast below a point immediately above the top of the areola, or the covered human male genitals in a discernibly turgid state. For purposes of this definition, a female breast is considered uncovered if the nipple only or the nipple and the areola are covered. 2. The term "obscene performance" means a play, motion picture, dance, show, or other presentation, whether pictured, animated, or live, performed before an audience and which in whole or in part depicts or reveals nudity, sexual conduct, sexual excitement, or sado-masochistic abuse, or which includes obscenities or explicit verbal descriptions or narrative accounts of sexual conducts. 3. The term "obscenities" means those slang words currently generally rejected for regular use in mixed society, that are used to refer to genitals, female breasts, sexual conduct or excretory functions or products, either that have no other meaning or that in context are clearly used for their bodily, sexual, or excretory meaning. 4. The term "sado-masochistic abuse" means flagellation or torture by or upon a person who is nude or clad in undergarments or in revealing or bizarre costume, or the condition of being fettered, bound, or otherwise physically restrained on the part of one so clothed. 5. The term "sexual conduct" means human masturbation, sexual intercourse, or any touching of the genitals, pubic areas, or buttocks of the human male or female, or the breasts of the female, whether alone or between members of the same or opposite sex or between humans and animals in an act of apparent sexual stimulation or gratification. 6. The term "sexual excitement" means the condition of human male or female genitals or the breasts of the female when in a state of sexual stimulation, of the sensual experience of humans engaging in or witnessing sexual conduct or nudity. C. Adult Uses-Accessory. A use, business, or establishment having ten percent (10%) or less of its stock in trade or floor area allocated to, or twenty percent (20%) or less of its gross receipts derived from adult movie rentals or adult magazine sales. D. Adult Uses-Principal. A use, business or establishment having more than ten percent(10%) of its stock in trade or floor area allocated to, or more than twenty percent (20%) of its gross receipts derived from adult movie rentals or adult magazine sales. E. Firearm Dealer The term"firearm dealer"means a person who is federally licensed to sell firearm. 5 F. Pawnshop and Pawnbroker. Pawnshop and Pawnbroker have the meaning set forth in City Code Section 5.71, Subd. 2. Section 3: Substantial Governmental Purpose The regulation, restriction, and prohibition of certain activities and development within City is necessary and appropriate to preserve the planning process, to prevent the adverse secondary effects, or potential effects, of adult uses, and to protect the public health, safety, and welfare pending the completion of the study and/or official controls process. Section 4. Authorization of Study. Pursuant to Minn. Stat. Section 462.355, Subd. 4, the City is authorized to adopt interim ordinances to regulate, restrict, or prohibit any use or development in all or part of the City for a period of one year(subject to exceptions as stated in Section 463.355) while the City is conducting studies, or has authorized studies to be conducted, or has scheduled a hearing to consider adoption or amendment of official contracts, including ordinances regulating, restricting or prohibiting any use of development within the City The City Council finds that to protect the planning process and the health, safety and welfare of the general public the City must conduct studies to determine what amendments to the City Code will be required to deal effectively Adult Uses Shops, Pawnshops and Licensed Firearm Dealers Stores. The studies will include review data relating to Adult Uses Shops, Pawnshops and Licensed Firearm Dealers Stores available to the City to protect the planning process and the health, safety and welfare of the general public. Pursuant to this Interim Ordinance and as authorized by separate Resolution the City Council determines to authorizes and conduct a study or studies to be conducted to determine what amendments to the City Code will be required to deal effectively with Adult Uses, Pawnshops and Licensed Firearm Dealer Stores. The study or studies will include review of factual data relating Adult Use Establishments, Pawnshops and Licensed Firearm Dealer Stores; review of actions taken by other governmental entities relating to Adult Use Establishments, Pawnshops and Licensed Firearm Dealer Stores; and analysis of the options relating to Adult Use Establishments, Pawnshops and Licensed Firearm Dealer Stores available to the City in order to protect the planning process and the health, safety and welfare of the general public. Upon completion of the study or studies, potential City Code amendments shall be reviewed by the City Council. Section 5: Interim Ordinance. Pending the completion of the above studies and the adoption of appropriate official controls, for a period of one year (subject to exceptions as state in Section 462.355) after the Effective Date of this Ordinance, there shall be no use, development or subdivision of property within the City relating to Adult Use Establishments, Pawnshops, and Licensed Firearm Dealer Stores; no application shall be accepted, processed or approved for use of property within the City for use as an Adult Use Shop, a Pawnshop, or a Licensed Firearm Dealer Store; no Adult Use Shop either Principal or Accessory, shall be established, developed, located or relocated, enlarged, expanded, or transferred pending completion of the study; no Pawnshops shall be established, developed, located or relocated, enlarged, expanded, or transferred pending completion of the Study; and no Firearm Dealer Stores shall be established, developed, located or relocated, enlarged, expanded, or transferred pending completion of the study. The Interim Ordinance shall apply to all property within the City. 6 Section 6. Exceptions. This moratorium shall not apply to Adult Use Establishments, Pawnshops and Licensed Firearm Dealer Stores established in the City as of the date of this Ordinance. Section 7: Enforcement The City may enforce any provision of this Ordinance by mandamus, injunction, or any other appropriate civil remedy in any court of competent jurisdiction. Section 8: Term Unless earlier terminated by the City, this Ordinance shall be effective for 12 months from its effective date and may be further extended for such additional periods as the City deems appropriate and necessary, as allowed by State Statute. Section 9: Severability Every section, provision, sentence, or phrase of this Ordinance is separate from every other section, provision, sentence, or phrase of this Ordinance. If any section, provision, sentence, or phrase is adjudicated to be invalid by a court of competent jurisdiction, preempted by state or federal law, or otherwise held invalid, such judgment shall not invalidate any other section, provision, sentence, or phrase of this Ordinance. Section 10: Effective Date This Ordinance shall be in force and effect immediately upon its passage and approval and publication of a summary hereof Section 11. Penalty Provisions City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation is hereby adopted in its entirety, by reference, as though repeated verbatim herein. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 12th day of June, 2018, and finally read and adopted and ordered published at a regular meeting of the City Council on the 12th day of June, 2018. ADOPTED by the City Council on June 12, 2018. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk Published in the Eden Prairie News on the day of June, 2018. 7 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. -2018 ADULT USE ESTABLISHMENTS, PAWNSHOPS AND FIREARM SALES AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA, TO TEMPORARILIY IMPOSE A MORATORIUM ON THE ESTABLISHMENT OF ANY NEW ADULT USE ESTABLISHMENT, PAWNSHOP OR FIREARMS SALES AND AUTHORIZING A STUDY OR STUIDES TO RECOMMEND WHETHER ANY AMENDMNET TO CITY CODE ARE NECESSARY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance imposes a temporary moratorium on the establishment of any new Adult Use Establishment, Pawnshop or Firearms Sales and authorizes a study or studies to recommend whether any amendments are necessary to City Code for the health, safety, and welfare of the community. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on , 2018. (A full copy of the text of this Ordinance is available from City Clerk.) CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2018- A RESOLUTION AUTHORIZING A STUDY OR STUDIES TO DETERMINE WHAT AMENDMENTS TO THE CITY CODE ARE REQUIRED TO PROTECT THE PUBLIC HEALTH, SAFETY,AND WELFARE AND TO PROVIDE FOR SOUND PLANNING WITH RESPECT TO ALL NEW ADULT USE ESTALBISHMENTS, PAWNSHOPS AND LICENSED FIREARM DEALER STORES WHEREAS the City Council was presented with a report by City Staff of the regulations of other Cities with respect to Adult Use Establishments, Pawnshops and Licensed Firearm Dealer Stores (hereinafter the Studied Uses); and WHEREAS, the City's current regulations do not adequately address Adult Use Establishments, Pawnshops and Licensed Firearm Dealer Stores; and WHEREAS, the City Council finds that to protect the planning process and the health, safety and welfare of the public the City must conduct studies to determine what amendments to the City Code will be required to deal effectively with Adult Use Establishments, Pawnshops and Firearm Dealer Stores; and WHEREAS, the City Council finds that to protect the planning process and the health, safety and welfare of the general public the City must conduct a study or studies to determine what amendments to the City Code will be required to deal effectively with Adult Use Establishments, Pawnshops and Licensed Firearm Dealer Stores. This study will include review of scientific and factual data relating to Adult Use Establishments,Pawnshops and Licensed Firearm Dealer Stores; review of actions taken by other governmental entities relating to Adult Use Establishments, Pawnshops and Licensed Firearm Dealer Stores; and analysis of the options relating to Adult Use Establishments, Pawnshops and Licensed Firearm Dealer Stores available to the City in order to protect the planning process and the health, safety and welfare of the general public; and WHEREAS, the City Council has concluded that the public health, safety and welfare and sound planning require that a moratorium be imposed on the approval of any Adult Use Establishments, Pawnshops and Licensed Firearm Dealer Stores during the pendency of the study and the various public hearings preceding possible adoption amendments to the City Code. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, THAT THE CITY COUNCIL FINDS, DETERMINES, AND ORDERS AS FOLLOWS: The City Council hereby authorizes a study to be conducted to determine what amendments to the City Code will be required to deal effectively with Adult Use Establishments, Pawnshops and Licensed Firearm Dealer Stores. The studies will include review of factual data relating to Adult Use Establishments, Pawnshops and Licensed Firearm Dealer Stores; review of actions taken by other governmental entities relating to Adult Use Establishments, Pawnshops and Licensed Firearm Dealer Stores; and analysis of the options relating to Adult Use Establishments, Pawnshops and Licensed Firearm Dealer Stores available to the City to protect the planning process and the health, safety and welfare of the public. ADOPTED by the City Council on June , 2018. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2018- A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO. 2018 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. _-2018 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie held on the 12th day of June, 2018. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, THAT THE CITY COUNCIL FINDS, DETERMINES, AND ORDERS AS FOLLOWS: A. Ordinance No. _-2018 is lengthy. B. The text of summary of Ordinance No. _-2018, attached hereto as Exhibit A, conforms to M.S. § 331A.01, Subd. 10, and is approved, and publication of the title and summary of the Ordinance will clearly inform the public of the intent and effect of the Ordinance. C. The title and summary shall be published once in the Eden Prairie News in a body type no smaller than brevier or eight-point type. D. A printed copy of the Ordinance shall be made available for inspection by any person, during regular office hours, at the office of the City Clerk, and a copy of the entire text of the Ordinance shall be posted in the City offices. E. Ordinance _-2018 shall be recorded in the Ordinance Book, along with proof of publication, within twenty(20) days after said publication. ADOPTED by the City Council on June 12th, 2018. Nancy Tyra-Lukens, Mayor SEAL ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE SECTION: Appointments June 12, 2018 DEPARTMENT ITEM DESCRIPTION ITEM NO. Rick Getschow Student on Commissions Appointments for the XIII.A. City Manager 2018-2019 School Year Requested Action Move to: • Appoint to the Conservation Commission—Govind Makaram, Rhea Sharma, and Troy Johnson • Appoint to the Flying Cloud Airport Advisory Commission—Rahul Bhaysar, Charles Bjorling, and Lucas Lorenz • Appoint to the Heritage Preservation Commission—Joe Pesheck and Sydney Lewis • Appoint to the Human Rights and Diversity Commission—Meghana Chimata, Nikhita Dhar, Braden Ross,Nicole Mayer, and Shreya Anand • Appoint to the Parks,Recreation, and Natural Resources Commission—Carson Guettler, John Hilton, Tatum Gunderson, Ananya Vegesna, and Nile Timmerman Synopsis Applications for Students on Commissions positions were accepted from mid-April to the end of May. More than 15 applications were received this year. Commission Staff Liaisons met in early June to review and discuss the applications. The attached appointment recommendations are based on the students' stated Commission preferences and the quality of their applications. An orientation session will be held in late August. Background Information In 1992, the City Council initiated a program to provide student residents in Eden Prairie with the opportunity to serve on City Commissions as non-voting members. The program has grown and changed over time to reflect modifications made to the City's Commissions, the addition of Commissions eligible for student appointments, and the desire to include more students in the program.