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HomeMy WebLinkAboutCity Council - 10/16/2018 AGENDA CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY, OCTOBER 16, 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 Greg Weber, 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. SOLID WASTE MANAGEMENT PLAN (5:30-6:20) II. TOBACCO 21 INITIATIVE (6:20-6:30) Open Podium - Council Chamber (6:30) III. OPEN PODIUM A. CHERI WHITE —KOPESKY DEVELOPMENT TRAIL B. STEVEN WAGNER—CREEKWOOD PARK IV. ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, OCTOBER 16, 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 Jan Curielli I. CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS /PRESENTATIONS V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, OCTOBER 2,2018 B. CITY COUNCIL MEETING HELD TUESDAY, OCTOBER 2, 2018 VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. LIONS TAP SITE IMPROVEMENTS by Stantec Consulting Services, Inc. Second Reading of an Ordinance for Planned Unit Development District Review with Waivers and Zoning District Change to Rural and Highway Commercial on 2.2 Acres; Resolution for Site Plan Review on 11.69 Acres (Ordinance for PUD District Review with Waivers and Zoning District Change; Ordinance for Zoning District Change; Resolution for Site Plan Review) C. ADOPT RESOLUTION AUTHORIZING A GRANT SUBMISSION TO HENNEPIN COUNTY YOUTH SPORTS FOR DEVELOPMENT AND CONSTRUCTION OF STARING LAKE PARK RECREATION CENTER D. AUTHORIZE PURCHASE OF FOUR NEW LUCAS III CHEST COMPRESSION SYSTEMS CITY COUNCIL AGENDA October 16, 2018 Page 2 E. AUTHORIZE PURCHASE OF FIVE NEW RAD-57 EQUIPMENT F. AUTHORIZE ANNUAL MAINTENANCE AGREEMENT WITH NICE LOGGER EQUIPMENT G. AUTHORIZE REIMBURSEMENT OF $27,240 TO CITY OF MINNETONKA FOR SHARE OF COUNTY ROAD 62 FLASHING YELLOW ARROW CONVERSION PROJECT H. APPROVE SUBRECIPIENT GRANT AGREEMENT FOR TOWN CENTER STATION AND EDEN ROAD EXTENSION PROJECT I. DECLARE PROPERTY AS SURPLUS J. APPROVE PURCHASE OF REPLACEMENT VEHICLES AND EQUIPMENT AS PRESENTED IN 2019 BUDGET K. AWARD CONTRACT FOR ACQUATICS LIGHTS REPLACEMENT TO PRAIRIE ELECTRIC, INC. IX. PUBLIC HEARINGS/MEETINGS A. ASPIRE EDEN PRAIRIE 2040—COMPREHENSIVE PLAN by City of Eden Prairie. Resolution Approving the Aspire Eden Prairie 2040 Comprehensive Plan Update (Resolution) B. 2018 SPECIAL ASSESSMENTS (Resolution) X. PAYMENT OF CLAIMS XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS,AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. KOPESKY ADDITION TRAIL B. REPORT OF CITY MANAGER C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR CITY COUNCIL AGENDA October 16, 2018 Page 3 D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT ANNOTATED AGENDA DATE: October 12, 2018 TO: Mayor and City Council FROM: Rick Getschow, City Manager RE: City Council Meeting for Tuesday, October 16, 2018 TUESDAY, OCTOBER 16, 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 V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Move to approve the agenda. VI. MINUTES MOTION: Move to approve the following City Council minutes: A. COUNCIL WORKSHOP HELD TUESDAY, OCTOBER 2, 2018 B. CITY COUNCIL MEETING HELD TUESDAY, OCTOBER 2, 2018 VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR MOTION: Move approval of items A-K on the Consent Calendar. ANNOTATED AGENDA October 16, 2018 Page 2 A. CLERK'S LICENSE LIST B. LIONS TAP SITE IMPROVEMENTS by Stantec Consulting Services, Inc. Second Reading of an Ordinance for Planned Unit Development District Review with Waivers and Zoning District Change to Rural and Highway Commercial on 2.2 Acres; Resolution for Site Plan Review on 11.69 Acres (Ordinance for PUD District Review with Waivers and Zoning District Change; Ordinance for Zoning District Change; Resolution for Site Plan Review) C. ADOPT RESOLUTION AUTHORIZING A GRANT SUBMISSION TO HENNEPIN COUNTY YOUTH SPORTS FOR DEVELOPMENT AND CONSTRUCTION OF STARING LAKE PARK RECREATION CENTER D. AUTHORIZE PURCHASE OF FOUR NEW LUCAS III CHEST COMPRESSION SYSTEMS E. AUTHORIZE PURCHASE OF FIVE NEW RAD-57 EQUIPMENT F. AUTHORIZE ANNUAL MAINTENANCE AGREEMENT WITH NICE LOGGER EQUIPMENT G. AUTHORIZE REIMBURSEMENT OF $27,240 TO CITY OF MINNETONKA FOR SHARE OF COUNTY ROAD 62 FLASHING YELLOW ARROW CONVERSION PROJECT H. APPROVE SUBRECIPIENT GRANT AGREEMENT FOR TOWN CENTER STATION AND EDEN ROAD EXTENSION PROJECT I. DECLARE PROPERTY AS SURPLUS J. APPROVE PURCHASE OF REPLACEMENT VEHICLES AND EQUIPMENT AS PRESENTED IN 2019 BUDGET K. AWARD CONTRACT FOR ACQUATICS LIGHTS REPLACEMENT TO PRAIRIE ELECTRIC,INC. IX. PUBLIC HEARINGS/MEETINGS A. ASPIRE EDEN PRAIRIE 2040—COMPREHENSIVE PLAN by City of Eden Prairie. Resolution Approving the Aspire Eden Prairie 2040 Comprehensive Plan Update (Resolution) Synopsis: Minnesota statutes require all metropolitan communities to update their comprehensive plans every 10 years. In 2016, the City initiated the process to update its comprehensive plan branded Aspire Eden Prairie 2040. After approximately 18 months of community engagement, field research, review of existing plans and policies,preparation of housing and transportation studies, and ANNOTATED AGENDA October 16, 2018 Page 3 review of preliminary drafts, the draft Aspire plan has been prepared and can be found at www.edenprairie.org/aspireep2040. The draft Aspire Eden Prairie 2040 plan was distributed for review by the general public and affected jurisdictions in May 2018. Affected jurisdictions include adjacent communities, counties, school districts and watershed districts. The purpose of the public hearing is to allow comment by the general public on Aspire. Following review by the Planning Commission and City Council, comprehensive plans also require submittal, review and approval by the Metropolitan Council. Formal submittal to the Metropolitan Council is due by Dec. 31, 2018. Aspire Eden Prairie 2040 includes the following topics: Land Use & Development; Housing & Residential Areas; Economic Competitiveness; Transportation &Accessibility; Community Facilities; Parks & Open Space; Water Resources & Infrastructure; Special Study Areas; and Implementation. Beyond these required elements of the Comprehensive Plan, Aspire Eden Prairie 2040 incorporates local priorities of sustainability, equity and diversity, and community health. Throughout the entire document, call-outs are included covering these topic areas to promote education and best management practices. MOTION: Move to: • Close the Public Hearing; and • Adopt the Resolution Approving Aspire Eden Prairie 2040 and Authorizing Submittal to the Metropolitan Council. B. 2018 SPECIAL ASSESSMENTS (Resolution) Synopsis: Each year, the City Council holds a public hearing to consider levying the Special Assessments that have been identified over the previous 12 months. This year, the Council will address a list of projects and supplemental assessments for such things as trunk utility assessments and contracted removal assessments. Staff recommends Council approve the list of assessments. MOTION: Move to: • Close the public hearing for the approval of the 2018 Special Assessments; and • Adopt the Resolution approving all Special Assessments presented in the fall of 2018. X. PAYMENT OF CLAIMS MOTION: Move approval of Payment of Claims as submitted (Roll Call Vote). ANNOTATED AGENDA October 16, 2018 Page 4 XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS,AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. KOPESKY ADDITION TRAIL Synopsis: Residents living near the Kopesky Addition have requested the City Council reconsider the installation of a trail from the end of the cul- de-sac on Dove Court to Dell Road. Three options available to the Council are detailed above. MOTION: Move to: • Reaffirm the decision to install the trail extension; or • Eliminate the trail extension, vacate the trail easement, and amend the development agreement to remove the trail installation requirement; or • Maintain trail easement, defer the installation of the trail to an undetermined future date, and amend the development agreement to relieve the developer of the responsibility of constructing the trail. 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 October 16, 2018 Page 5 MOTION: Move to adjourn the City Council meeting. ITEM NO. VI. A. UNAPPROVED MINUTES CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY, OCTOBER 2, 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, 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 GUESTS: Gordon Hughes, Cathy Capone Bennett, Max Musicant, Robyn Bipes-Timm, Phil Cattanach, and Stacie Kvilvang Workshop-Heritage Rooms I and II(5:00) I. URBAN LAND INSTITUTE OF MN DEVELOPMENT PANEL Council Member Butcher Wickstrom was absent. The presenters were Gordon Hughes in Advisory Services for Urban Land Institute of Minnesota(ULI MN) and Cathy Capone Bennett in Housing Initiatives for ULI MN. The panel included Robyn Bipes-Timm Vice President of Twin Cities Habitat for Humanity, Phil Cattanach Director Real Estate Development for Opus Development Company, Stacie Kvilvang Senior Municipal Advisor/Director of Ehlers, Max Musicant Founder and Principal of The Musicant Group, Gordon Hughes presented on the four major change drivers influencing the country and region: demographics, market forces, technology, and resilient infrastructures. Demographic shifts are affected by generational shifts, aging population, and cultural diversity. Statewide, most new household growth will be ages 65 or older. This can be attributed to longer life expectancy and the decline in household size. Additionally, Minnesota's communities of color experience significant disparities. More than 40 percent of people of color are spending more than 30 percent of their income on housing. Hughes stated in regards to market forces, there are impacts to our community due to the types of housing preferred by different generations and housing costs and the mismatch of jobs available. The number one attribute that people are looking for in choosing a community is the availability and affordability of housing. A large portion of people in the region have been at wages that struggle to meet housing costs where the jobs are located. There is a City Council Workshop Minutes October 2, 2018 Page 2 projected shortfall of 100,000 plus skilled workers by 2020 due to baby boomer retirements, stagnant labor force growth, and challenge recruiting to the region. E-commerce has changed the retail. Amazon sales alone may account for more than half of the e-commerce growth. New and developing technologies are changing and challenging business models. Access is becoming more important than ownership. Autonomous vehicles will create land use opportunities and challenges due to a large percent of space devoted to parking. There are four times as many parking spaces as cars in America. Hughes stated in regards to resilient infrastructure, needs for facilities have been changing due to the rise in e-commerce. This has left some cities with aging infrastructure to be redeveloped. Green space and connectivity are highly desirable for attracting development. Cathy Capone Bennett stated Eden Prairie had about four percent growth between 2010 and 2016. Since 2000 Eden Prairie's cultural diversity has expanded. It's estimated by 2035 about 35 percent of the Twin Cities population will be non-white. In regards to housing, 70 percent of residents are homeowners, 26 percent of residents live in rentals, and about three percent of properties are vacant. Eden Prairie has a mix of types of housing. Based on the Relators Association, the year to date median sales price is about $342,000. The median gross rent according to Trulia is $2,200, and vacancy rates continue to decline. Only nine percent of the housing is affordable for an income $50,000 and lower. In regards to employment and labor, there are 62,844 jobs in Eden Prairie with diverse fields. Tyra-Lukens inquired if those are jobs within Eden Prairie or jobs Eden Prairie residents hold. Capone Bennett replied they are jobs employers within Eden Prairie offer. About 11 percent of these jobs are held by residents, less than the 15 percent average. Council Member Aho inquired what factors impact this number. Capone Bennett responded there are many theories. It could be due to types of jobs available in the City,personal preference, or related to the affordability of housing within the community. The data is determined by employers who contribute to employment taxes, and the data may not include self-employment. Hughes asked panelists what Eden Prairie can do to enhance its attractiveness to generation y and baby boomer populations. Musicant responded both populations are in transition. It has become increasingly important to provide high-quality experiences for socializing and wellness. People pay for experiences and opportunities to socialize, and they want to spend their time at one-drive locations. One-drive locations can attract people, housing, and businesses. Consider the connecting walking paths as places and experiences as well. These areas could be highlighted with programing and regularly occurring events. Ten different types of businesses and entertainment in one location is a good amount to aim for. Planning Commissioner Mette inquired of examples. Musicant responded a recent shopping center redevelopment in Rochester by United Properties created high quality waiting environments and curb appeal with benches, lawn games, a dog run,bike lane, and City Council Workshop Minutes October 2, 2018 Page 3 programming with a concert series. Planning Commissioner DeSanctis added he has noticed gathering spaces and entertainment centered around fountains and sculptures. Musicant added people value natural waters and loops that allow for a continually new experience. Hughes asked panelists what the City can do to promote a full range of housing choices. Bipes-Timm stated Habitat for Humanity has done research on home ownership and trends. In the Twin Cities, 35 percent of homebuyers are first-time homebuyers. For subsequent moves, homebuyers tend to stay within a 12 mile radius of their first home. People, on average, tend to stay in their homes for 7 to 15 years. About 11 percent are seeking multi- generational housing. About 25 percent of homebuyers ages 35 to 50 are people of color. People are beginning to buy their first homes in their thirties, and much of this is attributed to student debt. Communities want gathering space that is versatile, food options, and pet- friendly locations. People want to be able to see themselves in the community. Hughes inquired if the generation y population still desires home ownership. Bipes-Timm stated Minnesota has a 76 percent rate of home ownership and a 46 percent rate of home ownership for people of color. The biggest barrier to this generation is student debt, and sometimes they continue to rent for job mobility. Hughes inquired of the cutting edge developments for sites similar to Eden Prairie Mall. Cattanach stated parking is a barrier for developers. Additional opportunities for foot traffic need to be created, such as cohabitating with health care industries. This would help utilize parking. Additionally, amenities such as food trucks are considered for common areas. Many business owners are repurposing their space to make it an enjoyable environment, including pet-friendly work spaces. This helps retain employees. Being creative with development and zoning codes that are non-traditional is a better alternative to vacant sites. Tyra-Lukens stated there are two opposing priorities, a need for less parking but vendors are pushing for more parking. Cattanach responded it may need to be demonstrated that they can successfully provide their services without more parking spaces. Kvilvang added it's a delicate balance to lower the parking ratio. Forward vision for area malls is considering housing and hotel opportunities, food vendors, and entertainment. Tyra-Lukens noted the east side of Eden Prairie Mall is not welcoming for pedestrians. Musicant stated one thing the City can do with code is require sidewalk pathways between property types. Aho stated we could consider work places and housing near the mall, and he inquired what the City is missing to make it better. Musicant suggested regulating design and not use. Some examples to consider at the mall are hospitality, offices, residential, and medical. Kvilvang added connecting medical creates a one-stop location. Council Member Nelson inquired how one should account for seniors and large spaces that require a lot of walking. Musicant responded it would be successful to have at least one City Council Workshop Minutes October 2, 2018 Page 4 adjacent use to senior centers that is complimentary. Kvilvang added seniors want the same amenities as other generations. There are many varying levels of physical abilities, so they cannot be categorized in one way. Hughes asked panelists what distinguishes successful communities with a great environment for development. Kvilvang responded retain amenities such as schools, entertainment, retail, parks, and trails. Consider first impressions people get from the City as well as the Planning Commission and Council. A lot of communities are revising parking requirements and looking ahead to one parking stall per unit. Consider how the City can be more innovative. Tyra-Lukens inquired if there is any one thing Eden Prairie needs to do to be more open to development and to increase attractiveness to younger generations. Kvilvang replied to continue having these conversations. Musicant stated to allow people to try small ventures and pilots, and that could unlock a lot of potential and resources. Downtown Robbinsdale began transforming their downtown with allowing outdoor seating for Wuollets Bakery, and that lead to lawn games, a little free library, and a local gym hosting outdoor yoga. Don't overcapitalize and under operate. Tyra-Lukens noted many communities have raised the age of tobacco sales to people over 21. She would like staff to research and present ways this might be incorporated in the City. Open Podium - Council Chamber(6:30) II. OPEN PODIUM A. CHERI WHITE—KOPESKY DEVELOPMENT TRAIL Cheri White, 18281 Dove Court, stated they are concerned about safety with the trail connecting to Dell Road. The path will create access to people not part of the neighborhood and is not necessary. Dove Court does not provide access to the trail system. They are opposed to the trail and to leaving the path unpaved. B. VICKY GOLDEN SMITH— BROADMOOR APARTMENT GROUP Vicky Golden Smith, 635 Prairie Center Drive, stated thanks to Presbyterian homes, the developer, Council and staff for their support in extending the end of the lease from March 31 to June 30. Children can finish out the school year in their current schools without the worry of moving. C. STEVE DAVIES—KOPESKY DEVELOPMENT TRAIL Steve Davies, 18290 Dove Court, stated with the five lane traffic on Dell Road, the trail is not an appropriate area to direct foot traffic. III. ADJOURNMENT ITEM NO. VI. B. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, OCTOBER 2, 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. Council Member Butcher Wickstrom was absent. II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Case added Item XIV.A.1. MOTION: Aho moved, seconded by Nelson, to approve the agenda as amended. Motion carried 4-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, SEPTEMBER 18, 2018 MOTION: Nelson moved, seconded by Case, to approve the minutes of the City Council workshop held Tuesday, September 18, 2018, as published. Motion carried 4- 0. B. CITY COUNCIL MEETING HELD TUESDAY, SEPTEMBER 18, 2018 CITY COUNCIL MINUTES October 2, 2018 Page 2 MOTION: Case moved, seconded by Nelson, to approve the minutes of the City Council meeting held Tuesday, September 18, 2018, as published. Motion carried 4-0. VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. CODE AMENDMENT—CHAPTER 11 TRANSIT ORIENTED DEVELOPMENT (TOD)/TOWN CENTER(TC)by City of Eden Prairie. Ratify approval of Summary Ordinance to amend City Code Chapter 11 for consistency between the TOD and TC Zoning Districts; Resolution 2018-109 approving Summary Ordinance. (Summary Ordinance for publication; Resolution No. 2018-109) C. ADOPT RESOLUTION NO. 2018-110 APPROVING APPOINTMENT OF ELECTION JUDGES AND STUDENT ELECTION JUDGES FOR GENERAL ELECTION D. ADOPT RESOLUTION NO. 2018-111 APPROVING HENNEPIN COUNTY HOUSING AUTHORITY'S PARTICIPATION IN AN EDEN PRAIRIE AFFORDABLE HOUSING PROJECT E. AWARD CONTRACT TO HTPO FOR DESIGN OF NEW CITY YARD WASTE DROP OFF SITE F. APPROVE AGREEMENT WITH SRF CONSULTING GROUP FOR EDEN PRAIRIE ROAD EXTENSION TO FLYING CLOUD DRIVE PROJECT G. ADOPT RESOLUTION NO. 2018-112 AWARDING CONTRACT TO VEIT & COMPANY, INC. FOR EDEN PRAIRIE ROAD EXTENSION TO FLYING CLOUD DRIVE IMPROVEMENT PROJECT H. APPROVE CONTRACT WITH TOUCHPOINT LOGIC LLC FOR COUNCIL CHAMBERS LIGHTING UPGRADE AND REDESIGN MOTION: Case moved, seconded by Aho, to approve Items A-H on the Consent Calendar. Motion carried 4-0. IX. PUBLIC HEARINGS/MEETINGS X. PAYMENT OF CLAIMS MOTION: Nelson moved, seconded by Aho, to approve the payment of claims as submitted. Motion was approved on a roll call vote,with Aho, Case, Nelson, and Tyra-Lukens voting "aye." CITY COUNCIL MINUTES October 2, 2018 Page 3 XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS, AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. Trail Connection Between Dove Court and Dell Road—Council Member Case Case said a group of residents asked Council Members to visit their neighborhood due to concerns about a development agreement passed over a year ago pertaining to a trail connection for two yards between Dove Court and Dell Road. He noted he was the one who raised the issue of a trail when the project was first voted on by the Council. He commented that over the 22 years he has served Eden Prairie, we have made a purposeful intent to connect neighborhoods across the City. He noted he lives on a cul-de-sac that has no sidewalk, and he has obtained permission from his neighbors to cut through their yards to walk to other streets. He believed deeply when we have an opportunity to connect neighborhoods by putting pathways between houses, we should do so. After visiting with the neighborhood on Dove Court he still believed we continued to do the right thing even though this path may not accomplish the same objective that others do. This path gives a shorter route out for the two cul-de-sacs to Dell Road. He said he was looking for guidance from the Council about this particular neighborhood and those who live there now. Nobody particularly wants this connection, but we made an assumption that is consistent with other neighborhoods. Case then asked about the possibility of keeping the right-of-way, and possibly the curb cut, but not building the trail at this time. There might be a problem of funding for building the trail at a later date. Another idea would be to make it so that the owner would have no additional cost for a last minute redo. He mentioned to the neighbors he would raise this issue tonight. He also let them know we could not vote on the issue tonight but could direct staff to review the issue and possibly revise the development agreement. Tyra-Lukens commented it was ironic that at the Council Workshop prior to the meeting we learned how trails increase property values, increase connectivity and increase desirability. That has been our experience as a Council as well, and we know how much our residents value our trails. There were a few comments made about reasons not to do the trail. The issue of construction traffic was brought up; however, there have been many neighborhoods that have had to go CITY COUNCIL MINUTES October 2, 2018 Page 4 through that so she did not buy that argument. She agreed this trail does not provide anyone with access to the rest of the trail system in the City. This trail is as much about the neighbors on Dove Court, and any new residents moving there there, having a safe access to the trail system. There are no sidewalks on Dove Court, which is true for many of our cul-de-sacs. She did not buy the idea it is safer to walk or bike on West 82nd Street because that street has no trail, and bikes are not to be ridden on the sidewalk. She would like to get more information before deciding on this request, including how many accidents occur where trails abut a four-lane road, what is the incidence of theft in neighborhoods with trails into them, how many pedestrian accidents occur on trails, and how many children have been kidnapped from neighborhoods because of a trail. If we abandoned any trail that goes through a neighborhood, runs parallel to a roadway, and does not have a crossing point across the boulevard into the roadway, we would get rid of a lot of our trail system. Aho was open to looking at this again. In general, he agreed we should have trails that connect with our system; however, the neighborhood does not want it. He could not recall a time when such neighborhood opposition to a trail existed. He was open to hearing from the residents that live there. He agreed we could leave the right-of-way access but not complete it if the majority don't want it. It is not a very big trail, and would not be a burden to add later. Tyra-Lukens noted she was nervous about allowing a neighborhood to decide whether a trail should go through the neighborhood. Nelson said she would like to look at this again. She agreed with the concept that doing a trail system is important to the City. There are places in the City where a trail is intended but not yet put in. She would like to know what the cost would be to put the trail in later. She thought we should at least look at this again when we have more information. Case asked if the timing would allow the developer to continue with the rest of the construction but put the trail on hold until we decide on the trail at a later meeting. Ellis replied he didn't know the status of the vacant lots there. Case said two of them are not sold. Ellis said we would have some flexibility in our timing if they have not been sold and could leave the Class 5 surface. He noted it will soon be the time when asphalt is not available. Case agreed with Mayor Tyra-Lukens that so many times as a Council we have to make decisions for the good of all that have slight negative impacts on neighbors. Trails are for the good of everyone around the trail location. What makes this situation unique and different is that this wasn't a connector that was aiding anyone outside of the two cul-de-sacs. The main reason he wanted this connection was for the neighbors who live there. Most of those neighbors will not be living there in twenty-five years. He was okay backing off on this trail, but he would not back off on one that benefitted other neighborhoods. CITY COUNCIL MINUTES October 2, 2018 Page 5 Tyra-Lukens said she would like to see some more information about this so we can make a decision, including whether safety is the main reason neighbors are concerned. We could vote on this at the next meeting. Case asked how the development agreement would be amended. Rosow said the development agreement is normally part of the PUD zoning ordinance. He would have to consider the process required to undo this. He said he would want time to go through the repercussions of not going through the development process to amend the development agreement that is part of the terms and conditions of the zoning for a project. Nelson commented it may take more time than the two weeks before the next meeting date. Getschow said we would look at the development process and implications of revisions, but we could still bring back answers to some of the questions asked. We need to determine if it would require a public hearing. Case did not recall undoing something like this before. We do need Mr. Rosow's advice on this. He asked if this would require a super majority vote to undo. Rosow replied it would not. 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: Case moved, seconded by Aho, to adjourn the meeting. Motion carried 4-0. Mayor Tyra-Lukens adjourned the meeting at 7:22 p.m. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar October 16, 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 New On-Sale Wine with Strong Beer & 3.2 Beer On-Sale License Licensee name: Naanza LLC DBA: Pizza Karma 8451 Joiner Way - 1 - CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar October 16, 2018 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development/Planning Lion's Tap Site Improvements VIILB. Janet Jeremiah/Beth Novak-Krebs Requested Action Move to: • Approve the 2nd Reading of the Ordinance for Planned Unit Development District Review with waivers on 2.2 acres and a Zoning District Change from Rural to Highway Commercial on .25 acres, from right-of-way to Highway Commercial on .51 acres, and • Approve the 2nd Reading of a Zoning District Change from Highway Commercial to Rural on .18 acres, from right-of-way to Rural on .03 acres; and • Adopt the Resolution for Site Plan on 2.2 acres; and • Approve the Development Agreement for Lion's Tap Site Improvements Synopsis This is the final approval of the development agreement and plans for the Lion's Tap Site Improvements. The property is located at the corner of Spring Road and Flying Cloud Drive. The project involves expanding and improving the parking for the existing Lion's Tap restaurant and construction of two new vestibules at the entrances to the building. Background On September 4, 2018, the City Council approved the Pt reading of the Ordinance for the PUD and rezoning, approved a Resolution for amending the Guide Plan and the preliminary plat and directed staff to prepare a Development Agreement. The reguiding was approved at the September 4, 2018 Council Meeting. Since the reguiding associated with this project involves minor adjustments to the 2014 approval and the City is in the process of updating the Comprehensive Plan, the Metropolitan Council has advised City staff that the reguiding does not need formal approval by the MetCouncil. With the realignment of Spring Road, the road right-of-way was acquired and added to the Lion's Tap property bring it to 2.2 acres. The Site Plan includes the existing restaurant, all new parking on the new lot, a dumpster area, and two new vestibule areas at two of the entrances to the building and retaining walls. The 120-Day Review Period expires on November 1, 2018. Attachments 1. Ordinance PUD and Rezoning 2. Ordinance Summary 3. Ordinance Rezoning 4. Ordinance Summary 5. Resolution Site Plan 6. Development Agreement LION'S TAP SITE IMPROVEMENTS CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 19-2018-PUD-7-2018 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA,REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT,AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the Rural Zoning District and be placed in the Highway Commercial Zoning District as noted in Exhibit A 19-20 1 8-PUD-7-20 18 (hereinafter "PUD-7-2018- C-HWY"). Section 3. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of October 16, 2018 entered into between Bert A. Notermann, and the City of Eden Prairie, (hereinafter"Development Agreement"). The Development Agreement contains the terms and conditions of PUD-7-2018- C-HWY, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-7-2018- C-HWY is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-7-2018-C-HWY 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-7-2018-C-HWY are justified by the design of the development described therein. D. PUD-7-2018- C-HWY is of sufficient size, composition, and arrangement that its construction, marketing, and operation are feasible as a complete unit without dependence upon any subsequent unit. Section 5. The proposal is hereby adopted and the land shall be, and hereby is removed from the Rural and placed in the Highway Commercial Zoning Districts as noted in Exhibit A and shall be included hereafter in the Planned Unit Development PUD-7-2018- C- HWY 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 4th day of September, 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 16th day of October, 2018. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on , 2018. EXHIBIT A Rural Zoning District to Highway Commercial Zoning District Legal Description Prior to Final Plat Area 2: depicted on sheet C0.03 Proposed Property Boundary Adjustments&New Right-of-Way dated August 28,2018 That part of Lot 2,Block 1, SPRING HEIGHTS, according to the recorded plat thereof,Hennepin County,Minnesota described as follows: Commencing at the most southwesterly corner of said Lot 1;thence North 00 degrees 59 minutes 21 seconds East assumed bearing along the westerly line of said Lot 1,a distance of 27.94 feet; thence South 89 degrees 00 minutes 39 seconds East, 199.39 feet to the point of beginning of the area to be described; thence North 09 degrees 01 minutes 10 seconds East,49.00 feet;thence North 54 degrees 01 minutes 10 seconds East, 79.45 feet;thence South 80 degrees 58 minutes 50 seconds East, 163.96 feet;thence South 63 degrees 59 minutes 21 seconds West,21.54 feet;thence South 87 degrees 59 minutes 21 seconds West, 140.00 feet;thence South 30 degrees 59 minutes 21 seconds West, 65.00 feet;thence North 89 degrees 00 minutes 39 seconds West,41.17 feet to the point of beginning. Area 3: depicted on sheet C0.03 Proposed Property Boundary Adjustments&New Right-of-Way dated August 28,2018 That part of Lot 2,Block 1, SPRING HEIGHTS, according to the recorded plat thereof,Hennepin County,Minnesota described as follows: Beginning at the most northeasterly corner of Lot 1, Block 1 of said plat;thence North 49 degrees 00 minutes 39 seconds West assumed bearing along the northeasterly line of said Lot 1, a distance of 98.15 feet;thence South 80 degrees 56 minutes 54 seconds East, 114.69 feet to the easterly line of said Lot 2; thence South 39 degrees 59 minutes 21 seconds West,along said easterly line of Lot 2, a distance of 60.68 feet to the point of beginning. Area 6: depicted on sheet C0.03 Proposed Property Boundary Adjustments&New Right-of-Way dated August 28,2018 That part of the Southeast Quarter of Section 29,Township 116,Range 22,Hennepin County,Minnesota, described as follows: Commencing at the most southerly corner of Lot 1,Block 1, SPRING HEIGHTS,according to the recorded plat thereof, said Hennepin County; thence northeasterly along the southeast line of said Lot 1 on an assumed bearing of North 39 degrees 59 minutes 20 seconds East for 11.82 feet;thence South 82 degrees 13 minutes 39 seconds East for 155.14 feet to a point on a non-tangential curve, concave to the east having a radius of 740.00 feet and a central angle of 14 degrees 42 minutes 06 seconds; thence northerly along the arc of said curve a distance of 119.82 feet, said arc subtended by a chord bearing North 12 degrees 01 minutes 15 seconds East to the point of beginning of the area to be described;thence continuing in a northerly direction along last described curve 24.45 feet, said arc is subtended by a chord bearing of North 17 degrees 36 minutes 21 seconds East;thence South 39 degrees 57 minutes 57 seconds West,20.91 feet; thence South 39 degrees 40 minutes 10 seconds East, 9.45 feet to the point of beginning. Legal Description After Final Plat Lot 1, Block 1, Spring Heights 1"Addition Zone to Highway Commercial Legal Description Prior to Final Plat Area 5: depicted on sheet C0.03 Proposed Property Boundary Adjustments&New Right-of-Way dated August 28,2018 Those parts of Parcel 206,MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT NO. 27-82 and HENNEPIN COUNTY STATE AID HIGHWAY NO. 4,PLAT 60, according to the recorded plats thereof,Hennepin County,Minnesota and that part of and the Southeast Quarter of Section 29,Township 116,Range 22, all which lies southerly of the following described line: Commencing at the most northeasterly corner of Lot 1,Block 1, SPRING HEIGHTS, according to the recorded plat thereof, said Hennepin County; thence North 49 degrees 00 minutes 39 seconds West assumed bearing along the northeasterly line of said Lot 1, a distance of 98.15 feet;thence South 80 degrees 56 minutes 54 seconds East, 114.69 feet to the easterly line of Lot 2, Block 1, said SPRING HEIGHTS,to the point of beginning of the line to be described;thence continuing South 80 degrees 56 minutes 54 seconds East along the southeasterly extension of last said line, 33.69 feet to the intersection with a line hereinafter referred to as LINE A and said line there terminating. ALSO THAT part of said Parcel 206,MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT NO. 27-82 and HENNEPIN COUNTY STATE AID HIGHWAY NO. 4,PLAT 60,and the Southeast Quarter of Section 29, Township 116,Range 22, all lying northwesterly of the following described line, said line hereinafter is referred to as LINE A: Commencing at the most southerly corner of Lot 1,Block 1, SPRING HEIGHTS, according to the recorded plat thereof, said Hennepin County; thence northeasterly along the southeast line of said Lot 1 on an assumed bearing of North 39 degrees 59 minutes 20 seconds East for 11.82 feet to the point of beginning of the line being described;thence South 82 degrees 13 minutes 39 seconds East for 155.14 feet to a point on a non-tangential curve, concave to the east having a radius of 740.00 feet and a central angle of 14 degrees 42 minutes 06 seconds;thence northerly along the arc of said curve a distance of 189.88 feet, said arc subtended by a chord bearing North 14 degrees 43 minutes 57 seconds East;thence North 22 degrees 05 minutes 00 seconds East tangent to said curve for 170.99 feet to the west line of said PLAT 60 and said line there terminating. EXCEPTING THEREFROM That part of the Southeast Quarter of Section 29, Township 116, Range 22, Hennepin County, Minnesota, described as follows: Commencing at the most southerly corner of Lot 1,Block 1, SPRING HEIGHTS, according to the recorded plat thereof, said Hennepin County; thence northeasterly along the southeast line of said Lot 1 on an assumed bearing of North 39 degrees 59 minutes 20 seconds East for 11.82 feet;thence South 82 degrees 13 minutes 39 seconds East for 155.14 feet to a point on a non-tangential curve, concave to the east having a radius of 740.00 feet and a central angle of 14 degrees 42 minutes 06 seconds; thence northerly along the arc of said curve a distance of 119.82 feet, said arc subtended by a chord bearing North 12 degrees 01 minutes 15 seconds East to the point of beginning of the area to be described;thence continuing in a northerly direction along last described curve 24.45 feet, said arc is subtended by a chord bearing of North 17 degrees 36 minutes 21 seconds East;thence South 39 degrees 57 minutes 57 seconds West, 20.91 feet; thence South 39 degrees 40 minutes 10 seconds East, 9.45 feet to the point of beginning. Legal Description After Final Plat Lots 1,Block 1 Spring Heights lst Addition LION'S TAP SITE IMPROVEMENTS CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 19-2018-PUD-7-2018 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 16180 Flying Cloud Drive within the Highway 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.) EXHIBIT A Legal Description Prior to Final Plat Area 2: depicted on sheet C0.03 Proposed Property Boundary Adjustments&New Right-of-Way dated August 28,2018 That part of Lot 2,Block 1, SPRING HEIGHTS, according to the recorded plat thereof,Hennepin County,Minnesota described as follows: Commencing at the most southwesterly corner of said Lot 1;thence North 00 degrees 59 minutes 21 seconds East assumed bearing along the westerly line of said Lot 1, a distance of 27.94 feet; thence South 89 degrees 00 minutes 39 seconds East, 199.39 feet to the point of beginning of the area to be described; thence North 09 degrees 01 minutes 10 seconds East,49.00 feet;thence North 54 degrees 01 minutes 10 seconds East, 79.45 feet;thence South 80 degrees 58 minutes 50 seconds East, 163.96 feet;thence South 63 degrees 59 minutes 21 seconds West,21.54 feet;thence South 87 degrees 59 minutes 21 seconds West, 140.00 feet;thence South 30 degrees 59 minutes 21 seconds West, 65.00 feet;thence North 89 degrees 00 minutes 39 seconds West,41.17 feet to the point of beginning. Area 3: depicted on sheet C0.03 Proposed Property Boundary Adjustments&New Right-of-Way dated August 28,2018 That part of Lot 2,Block 1, SPRING HEIGHTS, according to the recorded plat thereof,Hennepin County,Minnesota described as follows: Beginning at the most northeasterly corner of Lot 1, Block 1 of said plat;thence North 49 degrees 00 minutes 39 seconds West assumed bearing along the northeasterly line of said Lot 1, a distance of 98.15 feet;thence South 80 degrees 56 minutes 54 seconds East, 114.69 feet to the easterly line of said Lot 2; thence South 39 degrees 59 minutes 21 seconds West, along said easterly line of Lot 2, a distance of 60.68 feet to the point of beginning. Area 6: depicted on sheet C0.03 Proposed Property Boundary Adjustments&New Right-of-Way dated August 28,2018 That part of the Southeast Quarter of Section 29, Township 116,Range 22,Hennepin County,Minnesota, described as follows: Commencing at the most southerly corner of Lot 1,Block 1, SPRING HEIGHTS, according to the recorded plat thereof, said Hennepin County; thence northeasterly along the southeast line of said Lot 1 on an assumed bearing of North 39 degrees 59 minutes 20 seconds East for 11.82 feet;thence South 82 degrees 13 minutes 39 seconds East for 155.14 feet to a point on a non-tangential curve, concave to the east having a radius of 740.00 feet and a central angle of 14 degrees 42 minutes 06 seconds; thence northerly along the arc of said curve a distance of 119.82 feet, said arc subtended by a chord bearing North 12 degrees 01 minutes 15 seconds East to the point of beginning of the area to be described;thence continuing in a northerly direction along last described curve 24.45 feet, said arc is subtended by a chord bearing of North 17 degrees 36 minutes 21 seconds East;thence South 39 degrees 57 minutes 57 seconds West, 20.91 feet; thence South 39 degrees 40 minutes 10 seconds East, 9.45 feet to the point of beginning. Legal Description After Final Plat Lot 1,Block 1, Spring Heights lst Addition Legal Description Prior to Final Plat Area 5: depicted on sheet C0.03 Proposed Property Boundary Adjustments&New Right-of-Way dated August 28,2018 Those parts of Parcel 206,MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT NO. 27-82 and HENNEPIN COUNTY STATE AID HIGHWAY NO. 4,PLAT 60, according to the recorded plats thereof,Hennepin County,Minnesota and that part of and the Southeast Quarter of Section 29,Township 116,Range 22, all which lies southerly of the following described line: Commencing at the most northeasterly corner of Lot 1,Block 1, SPRING HEIGHTS, according to the recorded plat thereof, said Hennepin County; thence North 49 degrees 00 minutes 39 seconds West assumed bearing along the northeasterly line of said Lot 1, a distance of 98.15 feet;thence South 80 degrees 56 minutes 54 seconds East, 114.69 feet to the easterly line of Lot 2, Block 1, said SPRING HEIGHTS,to the point of beginning of the line to be described;thence continuing South 80 degrees 56 minutes 54 seconds East along the southeasterly extension of last said line, 33.69 feet to the intersection with a line hereinafter referred to as LINE A and said line there terminating. ALSO THAT part of said Parcel 206,MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT NO. 27-82 and HENNEPIN COUNTY STATE AID HIGHWAY NO. 4,PLAT 60,and the Southeast Quarter of Section 29, Township 116,Range 22, all lying northwesterly of the following described line, said line hereinafter is referred to as LINE A: Commencing at the most southerly corner of Lot 1,Block 1, SPRING HEIGHTS, according to the recorded plat thereof, said Hennepin County; thence northeasterly along the southeast line of said Lot 1 on an assumed bearing of North 39 degrees 59 minutes 20 seconds East for 11.82 feet to the point of beginning of the line being described;thence South 82 degrees 13 minutes 39 seconds East for 155.14 feet to a point on a non-tangential curve, concave to the east having a radius of 740.00 feet and a central angle of 14 degrees 42 minutes 06 seconds;thence northerly along the arc of said curve a distance of 189.88 feet, said arc subtended by a chord bearing North 14 degrees 43 minutes 57 seconds East;thence North 22 degrees 05 minutes 00 seconds East tangent to said curve for 170.99 feet to the west line of said PLAT 60 and said line there terminating. EXCEPTING THEREFROM That part of the Southeast Quarter of Section 29, Township 116,Range 22, Hennepin County,Minnesota,described as follows: Commencing at the most southerly corner of Lot 1,Block 1, SPRING HEIGHTS, according to the recorded plat thereof, said Hennepin County; thence northeasterly along the southeast line of said Lot 1 on an assumed bearing of North 39 degrees 59 minutes 20 seconds East for 11.82 feet;thence South 82 degrees 13 minutes 39 seconds East for 155.14 feet to a point on a non-tangential curve, concave to the east having a radius of 740.00 feet and a central angle of 14 degrees 42 minutes 06 seconds; thence northerly along the arc of said curve a distance of 119.82 feet, said arc subtended by a chord bearing North 12 degrees 01 minutes 15 seconds East to the point of beginning of the area to be described;thence continuing in a northerly direction along last described curve 24.45 feet, said arc is subtended by a chord bearing of North 17 degrees 36 minutes 21 seconds East;thence South 39 degrees 57 minutes 57 seconds West, 20.91 feet; thence South 39 degrees 40 minutes 10 seconds East, 9.45 feet to the point of beginning. Legal Description After Final Plat Lots 1,Block 1 Spring Heights 1"Addition LION'S TAP SITE IMPROVEMENTS CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA,REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT,AND ADOPTING BY REFERENCE CITY CODE CHAPTER 11 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the Highway Commercial Zoning District and be placed in the Rural Commercial Zoning District as noted in Exhibit A. Section 3. The proposal is hereby adopted and the land shall be, and hereby is removed from the Highway Commercial Zoning District and shall be included hereafter in the Rural Zoning District as noted in Exhibit A, and the legal descriptions of land in each District referred to in City Code Section 11.03, Subdivisionl, Subparagraph B, shall be, and are amended accordingly. Section 4. City Code Chapter 1, entitled"General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99, "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 5. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of October 16, 2018, entered into between Bert A. Notermann, and the City of Eden Prairie, and which Agreement are hereby made a part hereof. Section 6. 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 4th day of September, 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 16th day of October, 2018. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on , 2018. EXHIBIT A Highway Commercial Zoning District to Rural Zoning District Legal Description Prior to Final Plat Area 1: depicted on sheet C0.03 Proposed Property Boundary Adjustments&New Right-of-Way dated August 28, 2018 That part of Lot 1,Block 1, SPRING HEIGHTS, according to the recorded plat thereof, Hennepin County, Minnesota described as follows: Beginning at the most southwesterly corner of said Lot 1;thence North 00 degrees 59 minutes 21 seconds East assumed bearing along the westerly line of said Lot 1, a distance of 27.94 feet; thence South 89 degrees 00 minutes 39 seconds East, 199.39 feet;thence South 09 degrees 01 minutes 10 seconds West, 51.31 feet to the south line of said Lot 1;thence North 82 degrees 13 minutes 39 seconds West, 193.58 feet to the point of beginning. Legal Description After Final Plat Outlot A, Spring Heights Pt Addition Zone to Rural Zoning District Legal Description Prior to Final Plat Area 4: depicted on sheet C0.03 Proposed Property Boundary Adjustments&New Right-of-Way dated August 28,2018 That part of HENNEPIN COUNTY STATE AID HIGHWAY NO. 4,PLAT 60,according to the recorded plat thereof,Hennepin County,Minnesota described as follows which lies northerly and southeasterly of the following described line: Commencing at the most northeasterly corner of Lot 1,Block 1, SPRING HEIGHTS, according to the recorded plat thereof, said Hennepin County; thence North 49 degrees 00 minutes 39 seconds West assumed bearing along the northeasterly line of said Lot 1,a distance of 98.15 feet;thence South 80 degrees 56 minutes 54 seconds East, 114.69 feet to the easterly line of Lot 2,Block 1, said plat SPRING HEIGHTS;thence continuing South 80 degrees 56 minutes 54 seconds East along the extension of last said line, 33.69 feet the intersection with a line hereinafter referred to as LINE A and also the point of beginning the area to be described;thence North 80 degrees 56 minutes 54 seconds West,33.69 feet to said easterly line of Lot 2; thence North 39 degrees 59 minutes 21 seconds East along said easterly line of Lot 2, a distance of 79.22 feet said LINE A and said line there terminating. ALSO THAT part of said HENNEPIN COUNTY STATE AID HIGHWAY NO. 4,PLAT 60, lying northwesterly of the following described line, said line hereinafter is referred to as LINE A: Commencing at the most southerly corner of Lot 1,Block 1, SPRING HEIGHTS,according to the recorded plat thereof, said Hennepin County;thence northeasterly along the southeast line of said Lot 1 on an assumed bearing of North 39 degrees 59 minutes 20 seconds East for 11.82 feet to the point of beginning of the line being described;thence South 82 degrees 13 minutes 39 seconds East for 155.14 feet to a point on a non- tangential curve, concave to the east having a radius of 740.00 feet and a central angle of 14 degrees 42 minutes 06 seconds;thence northerly along the arc of said curve a distance of 189.88 feet, said arc subtended by a chord bearing North 14 degrees 43 minutes 57 seconds East;thence North 22 degrees 05 minutes 00 seconds East tangent to said curve for 170.99 feet to the west line of said PLAT 60 and said line there terminating. Legal Description After Final Plat Outlot A, Spring Heights Pt Addition LION'S TAP SITE IMPROVEMENTS CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. _-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 the northwest quadrant of Flying Cloud Drive and Spring Road within the Rural 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.) EXHIBIT A Highway Commercial Zoning District to Rural Zoning District Legal Description Prior to Final Plat Area 1: depicted on sheet C0.03 Proposed Property Boundary Adjustments&New Right-of-Way dated August 28,2018 That part of Lot 1, Block 1, SPRING HEIGHTS, according to the recorded plat thereof,Hennepin County,Minnesota described as follows: Beginning at the most southwesterly corner of said Lot 1;thence North 00 degrees 59 minutes 21 seconds East assumed bearing along the westerly line of said Lot 1, a distance of 27.94 feet; thence South 89 degrees 00 minutes 39 seconds East, 199.39 feet;thence South 09 degrees 01 minutes 10 seconds West, 51.31 feet to the south line of said Lot 1;thence North 82 degrees 13 minutes 39 seconds West, 193.58 feet to the point of beginning. Legal Description After Final Plat Outlot A, Spring Heights 1st Addition Zone to Rural Zoning District Legal Description Prior to Final Plat Area 4: depicted on sheet C0.03 Proposed Property Boundary Adjustments&New Right-of-Way dated August 28,2018 That part of HENNEPIN COUNTY STATE AID HIGHWAY NO. 4,PLAT 60,according to the recorded plat thereof,Hennepin County,Minnesota described as follows which lies northerly and southeasterly of the following described line: Commencing at the most northeasterly corner of Lot 1,Block 1, SPRING HEIGHTS, according to the recorded plat thereof, said Hennepin County;thence North 49 degrees 00 minutes 39 seconds West assumed bearing along the northeasterly line of said Lot 1, a distance of 98.15 feet;thence South 80 degrees 56 minutes 54 seconds East, 114.69 feet to the easterly line of Lot 2,Block 1, said plat SPRING HEIGHTS; thence continuing South 80 degrees 56 minutes 54 seconds East along the extension of last said line,33.69 feet the intersection with a line hereinafter referred to as LINE A and also the point of beginning the area to be described;thence North 80 degrees 56 minutes 54 seconds West, 33.69 feet to said easterly line of Lot 2;thence North 39 degrees 59 minutes 21 seconds East along said easterly line of Lot 2, a distance of 79.22 feet said LINE A and said line there terminating. ALSO THAT part of said HENNEPIN COUNTY STATE AID HIGHWAY NO. 4,PLAT 60, lying northwesterly of the following described line, said line hereinafter is referred to as LINE A: Commencing at the most southerly corner of Lot 1,Block 1, SPRING HEIGHTS, according to the recorded plat thereof, said Hennepin County; thence northeasterly along the southeast line of said Lot 1 on an assumed bearing of North 39 degrees 59 minutes 20 seconds East for 11.82 feet to the point of beginning of the line being described; thence South 82 degrees 13 minutes 39 seconds East for 155.14 feet to a point on a non-tangential curve,concave to the east having a radius of 740.00 feet and a central angle of 14 degrees 42 minutes 06 seconds; thence northerly along the arc of said curve a distance of 189.88 feet, said arc subtended by a chord bearing North 14 degrees 43 minutes 57 seconds East; thence North 22 degrees 05 minutes 00 seconds East tangent to said curve for 170.99 feet to the west line of said PLAT 60 and said line there terminating. Legal Description After Final Plat Outlot A, Spring Heights l'Addition CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2018- A RESOLUTION GRANTING SITE PLAN APPROVAL FOR LIONS TAP SITE IMPROVEMENTS BY BERT NOTERMANN WHEREAS, Bert Notermann, has applied for Site Plan approval of the Lion's Tap Site Improvements to construct new and expanded parking and two new vestibules at the building entrances, by an Ordinance approved by the City Council on October 16, 2018; and WHEREAS, the Planning Commission reviewed said application at a public hearing at its August 13, 2018 meeting and recommended approval of said site plans; and WHEREAS, the City Council has reviewed said application at a public hearing at its September 4, 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 Bert Notermann based on the Development Agreement between Bert A. Notermann and the City of Eden Prairie, reviewed and approved by the City Council on October 16, 2018. ADOPTED by the City Council of the City of Eden Prairie this 16th day of October, 2018. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk DEVELOPMENT AGREEMENT Lion's Tap Site Improvements THIS DEVELOPMENT AGREEMENT ("Agreement") is entered into as of , 2018,by Bert A.Notermann, an individual,hereinafter referred to as "Developer,"his 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 Guide Plan Change from Neighborhood Commercial to Rural on .22 acres, and Rural to Neighborhood Commercial on .18 acres, Planned Unit Development District Review with waivers on 2.2 acres and Zoning District Change from Rural to Highway Commercial on .25 acres, from right-of-way to Highway Commercial on .51 acres, Zoning District Change from Highway Commercial to Rural on.18 acres, from right-of-way to Rural on .03 acres, Site Plan Review on 2.2 acres, and Preliminary Plat of 11.69 acres into 1 lot and 1 outlot (the "Applications"), legally described on Exhibit A (the "Property"); NOW, THEREFORE, in consideration of the City adopting Resolution No. for Guide Plan Change, Ordinance No. for Planned Unit Development District Review and Zoning District Change from Rural to Highway Commercial on .25 acres, from right-of-way to Highway Commercial on .51 acres, Ordinance No: for Zoning District Change from Highway Commercial to Rural on .18 acres, from right-of-way to Rural on .03 acres, Resolution No. for Site Plan Review,and Resolution No. for Preliminary Plat,Developer agrees to construct, develop and maintain the Property as follows: 1 Lion's Tap Site Improvements 1. PLANS: Developer shall develop the Property in conformance with the materials revised and stamp dated August 29, 2018,reviewed and approved by the City Council on , (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. 4. 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. 5. EXTERIOR MATERIALS: The current building materials on the existing building are nonconforming. The building materials on the proposed new vestibules meet the standards required by the City Code. 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 proposed new vestibules 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. 6. FINAL PLAT: The final plat of the Property shall be recorded with the Hennepin County Registrar of Titles' Office, as applicable within 90 days of approval by the City Council or within 2 years of approval of the Preliminary Plat, whichever occurs first. If the final plat is not filed within the specified time, the City Council may, upon ten days written notice, to the Developer, consider a resolution revoking the approval. 2 Lion's Tap Site Improvements 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 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 a certified professional to monitor critical phases of construction for conformance to the approved final grading plan and Stormwater Pollution Prevention Plan (SWPPP). The design professional who prepared the final grading plan shall provide a final report to the City certifying completion of the grading in conformance with the approved final grading plan and SWPPP. In addition, a certified 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 3 Lion's Tap Site Improvements continue to function as designed in perpetuity must be submitted prior to release of the first building permit for the Development Developer shall employ a designated professional with SWPPP certification to monitor construction of the Stormwater Facilities for conformance to the current edition of the Minnesota Pollution Control Agency publication entitled "Minnesota Stormwater Manual", the approved final grading plan and the requirements listed 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'/2 inch or greater after the Stormwater Infiltration Systems become operational. If infiltration rates are reduced a plan to restore adequate infiltration must be provided within 90-days of the field verification test. The work required to bring the Stormwater Infiltration System back into compliance be implemented within 60 days of City approval of the plan. Pervious surfaces shall be stabilized with seed and mulch or sod and all impervious surfaces must be completed prior to final grading and planting of the Stormwater Infiltration Systems. 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 4 Lion's Tap Site Improvements Facilities. The Maintenance Plan must contain at a minimum: the party(s)responsible for maintenance; access plans; inspection frequency; methods used for field verification of infiltration for Stormwater Infiltration Systems;routine and non-routine inspection procedures; sweeping frequency for all parking and road surfaces;plans for restoration of reduced infiltration for Stormwater Infiltration Systems; and plans for replacement of failed systems,all pursuant to and in accordance with Eden Prairie City Code Section 11.55, Subd. 8. During construction and for two years following completion of construction, all Stormwater Facilities shall be inspected at a minimum of once annually to determine if the Stormwater Facility(s) is treating stormwater as designed and should occur within 72-hours after a rainfall event of one-inch or greater to verify infiltration. All Stormwater Facilities shall be kept free of debris, litter, invasive plants and sediment. Erosion impairing the function or integrity of the Stormwater Facilities, if any, must be corrected and any structural damage impairing or threatening to impair the function of the Stormwater Facilities must be repaired. The following criteria must be included in the inspection: • A 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 vegetation; re-mulching of void areas; replanting or reseeding areas where dead or 5 Lion's Tap Site Improvements diseased plants were removed; and removal of sediment build-up. Sediment build-up in above-ground Stormwater Infiltration or Filtration Systems shall to the extent practical be removed by hand. For any situations in which hand removal is not practical, Developer shall identify in the Stormwater Maintenance Plan procedures that will be implemented to protect functionality of the Stormwater Infiltration Systems.Areas above Underground Systems shall be kept free of structures that would limit access to the System for inspections, maintenance or replacement. D. STORMWATER POLLUTION PREVENTION PLAN (SWPPP): Prior to issuance of a land alteration permit, Developer shall submit to the City Engineer and obtain City Engineer's written approval of Stormwater Pollution Prevention Plan (SWPPP) for the Property. The SWPPP shall include all boundary erosion control features, temporary stockpile locations, turf restoration procedures, concrete truck washout areas and any other best management practices to be utilized within the Project. Prior to release of the grading 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 AND TREE REPLACEMENT: The landscape plan included in Exhibit B for the Property depicts a total of 143 caliper inches, comprised of 17 caliper inches for landscaping and 126 caliper inches for tree replacement. There are 267 diameter inches of significant trees on the Property. Tree loss related to development on the Property is calculated at 259 diameter inches. Tree replacement required are 126 caliper inches. 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 the landscaping and tree replacements depicted on the landscape plan. The approved landscape plan shall be consistent with the quantity, type, and size of plant materials shown on the landscape plan on the Plans. 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. This approved plan shall include replacement trees of a 2.5-inch diameter minimum size for 6 Lion's Tap Site Improvements a shade tree and a 6-foot minimum height for conifer trees. The approved plan shall also provide that, should actual tree loss exceed that calculated herein, Developer shall provide tree replacement on a caliper inch per caliper inch basis for such excess loss. 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. Developer acknowledges that Hennepin County is allowing shrub planting in the Flying Cloud Drive right-of-way as depicted on the plans. The Developer is responsible for installation and maintenance of the plantings. The County has reserved the right to remove the plantings in the right-of-way. If the plantings are removed by the County, it is the Developer's responsibility to provide screening of the parking lot in compliance with the City Code. 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, Hennepin County, and Riley Purgatory Bluff Creek Watershed District. The City Planner may determine that conditions of approval required by the Riley Purgatory Bluff Creek Watershed District require changes to the City approvals which may entail additional City review, including public hearing(s) for recommendation by the Planning Commission and approval by the City Council. Developer consents to such additional review as determined by the City Planner and agrees to an extension pursuant to Minn. Stat. Section 15.99 of an additional 60 days for the addition review. 7 Lion's Tap Site Improvements 12. PARK DEDICATION FEES: In 1984, the Developer paid park fees for 1.6 acres in association with Building Permit Number N-529. Based on the preliminary plat,the property is now 2.2 acres. Developer shall pay cash park fees for 0.6 acres as required by City Code in effect as of the date of the issuance of the building permit for construction on the Property. 13. 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. 14. PUD WAIVERS GRANTED: The city hereby grants the following waivers to City Code requirements within the Highway Commercial District through the Planned Unit Development District Review for the Property and incorporates said waivers as part of PUD (list PUD number): 1. Front Setback to the building of 10.48'along Flying Cloud Drive. City Code requires 35'. 2. Front Setback to the parking lot of 6.7' along Spring Road. City Code requires 35'. 3. Front Setback to the parking lot of 4.83' along Flying Cloud Drive. City Code requires 35'. 15. REMOVAL/SEALING OF EXISTING WELL AND SEPTIC SYSTEMS: Developer is allowed to use the existing well in compliance with all State of Minnesota Health Department rules and regulations as long as the well is functional. The well shall not provide domestic potable water for use in any structure on the Property. Developer shall submit to the Chief Building Official and obtain the Chief Building Official's written approval of plans for demolition and removal of the existing septic system on the Property, and restoration of the Property within 30 days after connection to the public sanitary sewer. Removal of the septic system and restoration of the Property shall occur within 30 days of the issuance of said approval. Prior to such demolition or removal, Developer shall provide to the City a deposit in the amount of $1,000 to guarantee that Developer completes implementation of the approved plan. The city shall return to Developer the$1,000 deposit at such time as the Chief Building Official has verified in writing that the Developer has completed implementation of the approved plan. 16. 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 8 Lion's Tap Site Improvements than four feet in height. These plans shall include details with respect to the height, type of materials, and method of construction to be used for the retaining walls. Developer shall complete implementation of the approved retaining wall plan in accordance with the terms and conditions of Exhibit C,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. 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. SPECIAL ASSESSMENT AGREEMENT: Prior to the release of the final plat for the Property, an assessment agreement, in the form and substance as attached in Exhibit D, shall be signed by the owner(s) of the Property with the City for: (i) trunk sewer and water assessments on an assessable area of 2.2 acres in the amount of$18,839; and(ii) assessments for utility improvements that are part of the Eden Prairie Road Extension to Flying Cloud Drive (I.C. 13-5844)utility improvements in the amount of$147,200. Developer acknowledges that additional utility assessments may be levied upon the Property at the time of the final assessment hearing for the Eden Prairie Road Extension to Flying Cloud Drive utility improvements based on the actual project costs. In addition, as outlined in the Feasibility Report for I.C. 13-5844,the Property will be charged connection fees based on the Metropolitan Council's determination of residential equivalent connections(RECs)at the time of the Property's connection to City sanitary sewer and/or water. Developer also acknowledges that assessments may be levied upon the Property for such connection fees. Assessments for utility improvements and/or connection fees in excess of the amounts stated in the preceding paragraph are not subject to and will not be included in the special assessment agreement. 9 Lion's Tap Site Improvements 20. TRASH: Developer agrees that all trash,trash receptacles and recycling bins shall at all times be located inside of the trash enclosure depicted on the Plans. 21. TRASH ENCLOSURE: Developer has submitted to the City Planner, and obtained the City Planner's written approval of a plan for the design and construction of the outside trash enclosure for the Property. This trash enclosure shall be constructed as depicted on the Plans Developer shall complete implementation of the trash enclosure plan prior to issuance of any occupancy permit for the Property. 22. HOOK UP TO PUBLIC UTILITIES: Developer shall connect the existing building on the Property to the new public sanitary sewer and watermain in CSAH #61 as depicted on the Plans within 2 years of completion of the Eden Prairie Road Extension to Flying Cloud Drive (I.C. 13-5844)utility improvement project. 10 Lion's Tap Site Improvements 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 11 Lion's Tap Site Improvements Bert A. Notermann STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2018, by Bert A. Notermann. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 12 Lion's Tap Site Improvements EXHIBIT A DEVELOPMENT AGREEMENT - LION'S TAP SITE IMPROVEMENTS Legal Description Before Final Plat Tract A: That part of Lot 1, Block 1, Spring Heights, embraced within the following legal description: That part of Government Lot 9, Section 32,Township 116 North,Range 22,West of the Fifth Principal Meridian lying North of United States Highway No. 169 and No. 212,and West of Hennepin County State Aid Highway 4,Plat 60,known as Shakopee and Eden Prairie Road,Hennepin County,Minnesota. (Abstract) Tract B: That part of Lot 1,Block 1, Spring Heights, embraced within Tract A,Registered Land Survey No. 756, Hennepin County, Minnesota. (Torrens Property-Certificate of Title No. 1041740) Tract C: That part of Lot 2, Block 1, Spring Heights, embraced within the following legal description: That part of Government Lot 9, Section 32, Township 116 North, Range 22,West of the Fifth Principal Meridian lying North of United States Highway No. 169 and No. 212, and West of Hennepin County State Aid Highway 4,Plat 60,known as Shakopee and Eden Prairie Road,Hennepin County,Minnesota. (Abstract) Tract D: That part of Lot 2, Block 1, Spring Heights, embraced within Tract A, Registered Land Survey No. 756, Hennepin County, Minnesota. (Torrens Property-Certificate of Title No. 821895) Legal Description After Final Plat Lot 1, Block 1, and Outlot A, Spring Heights lst Addition 13 Lion's Tap Site Improvements EXHIBIT B DEVELOPMENT AGREEMENT - LION'S TAP SITE IMPROVEMENTS Exhibit B Title Sheet dated 08-28-18 by Stantec Legend and Abbreviations dated 08-28-18 by Stantec Existing Conditions dated 08-28-18 by Stantec Spring Road Re-alignment and Flying Cloud Drive Improvements dated 08-28-18 by Stantec Property Boundary Adjustment and New ROW dated 08-28-18 by Stantec Removals Plan dated 08-28-18 by Stantec Site Plan dated 08-28-18 by Stantec Fire Truck Autoturn Analysis dated 08-28-18 by Stantec Delivery Truck Autoturn Analysis dated 08-28-18 by Stantec Erosion and Sediment Control Plan dated 08-28-18 by Stantec Stormwater Pollution Prevention Plan dated 08-28-18 by Stantec Stormwater Pollution Prevention Plan dated 08-28-18 by Stantec Stormwater Pollution Prevention Plan dated 08-28-18 by Stantec Stormwater Pollution Prevention Plan dated 08-28-18 by Stantec Grading Plan dated 08-28-18 by Stantec Sanitary Sewer, Strom Sewer, & Watermain Plan dated 08-28-18 by Stantec Underground Stormwater Plan& Sections dated 08-28-18 by Stantec Site Details dated 08-28-18 by Stantec City of Eden Prairie Standard Details dated 08-28-18 by Stantec City of Eden Prairie Standard Details dated 08-28-18 by Stantec Planting Plan dated 08-28-18 by Stantec Planting Details dated 08-28-18 by Stantec Electrical Site Plan dated 08-28-18 by Stantec Preliminary Plat stamp dated 08-29-18 by Stantec Building Elevations stamp dated 08-29-18 by O'Keefe Design Associates Building Elevations stamp dated 08-29-18 by O'Keefe Design Associates 14 Lion's Tap Site Improvements EXHIBIT C DEVELOPMENT AGREEMENT - LION'S TAP SITE IMPROVEMENTS 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: 15 Lion's Tap Site Improvements 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. 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. 16 Lion's Tap Site Improvements Developer agrees, therefore, that in the event Developer violates, fails, or refuses to perform any covenant, condition, or provision made herein, City may, at its option, institute and prosecute an action to specifically enforce such covenant,withhold building permits or rescind or revoke any approvals granted by the City. No remedy conferred in this agreement is intended to be exclusive and each shall be cumulative and shall be in addition to every other remedy. The election of anyone or more remedies shall not constitute a waiver of any other remedy. XII. Developer shall, prior to the commencement of any improvements, provide written notice to Comcast of the development contemplated by this 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 1/2 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 17 Lion's Tap Site Improvements plat shall not be released until proof of filing of the Development Agreement is submitted to the City. XX. The City is hereby granted the option,but not the obligation,to complete or cause completion in whole or part of all of the Developer's obligations under this 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. 18 Lion's Tap Site Improvements EXHIBIT D DEVELOPMENT AGREEMENT - LION'S TAP SITE IMPROVEMENTS AGREEMENT REGARDING SPECIAL ASSESSMENTS THIS IS AN AGREEMENT MADE THIS day of , 2018,between the City of Eden Prairie, a municipal corporation, (the "City") and Bert A. Notermann, an individual(the "Owner"). A. The Owner holds legal and equitable title to property described as ,Hennepin County,Minnesota,which property is the subject of this Agreement and is hereinafter referred to as the "Property". B. The Owner desires to develop the property in such a manner that relies upon and requires the construction of the following public improvements: (1) The City's trunk utility system, including trunk sanitary sewers,trunk watermains, wells, elevated storage facilities and a water treatment plant(all of which is hereafter referred to as the "Trunk Improvements"). (2) Utility improvements adjacent to the Property which will be constructed in connection with the Eden Prairie Road Extension to Flying Cloud Drive(I.C. 13-5844)project(the "Utility Improvements"). C. As noted in the Feasibility Report for the Eden Prairie Road to Flying Cloud Drive(I.C. 13-5844)project,the estimated cost of the Utility Improvements to be assessed against the Property is $147,200(the"Estimated Cost of the Utility Improvements"). The actual cost to be assessed against the Property for the Utility Improvements may differ from the Estimated Cost, and may include,in addition to actual construction costs, administrative, interest and engineering costs and fees incurred or paid by the City in relationship to construction of the improvements. D. Also as noted in the Feasibility Report for I.C. 13-5844,the Property will be charged connection fees based on the Metropolitan Council's determination of residential equivalent connections (RECs) at the time of the Property's connection to City sanitary sewer and/or water(the "Connection Fees"). Assessments for such connection fees may be levied against the Property. E. The parties hereto desire to enter into an Agreement concerning the financing of the construction of the Trunk Improvements, and the Estimated Cost of the Utility Improvements all of which will inure to the benefit of the Property. 19 Lion's Tap Site Improvements AGREEMENTS IT IS HEREBY AGREED as follows: 1. Trunk Improvements. The Owner consents to the levying of assessments against the Property for the construction, and maintenance of the Trunk Improvements in an amount not to exceed $18,839.00. 2. Utility Improvements. The Owner consents to the levying of assessments against the Property for the construction and maintenance of the Utility Improvements in an amount not to exceed $147,200. The Owner agrees and acknowledges that the Property will be assessed the actual cost of the Utility Improvements,which may be greater than$147,200. Assessments levied for Utility Improvements in excess of$147,200 are not subject to this special assessment agreement. In addition, any assessments levied for Connection Fees are not subject to this special assessment agreement. 3. The assessment for Trunk Improvements in the amount of$18,839.00 and assessment for Utility Improvements up to the amount of$147,200 that are subject to this special assessment agreement will be referred to hereafter as the"Agreed Assessments." 4. The City's assessment records for the Property will show the Agreed Assessments as a "pending assessment"until levied. 5. The Owner waives notice of any assessment hearing to be held at which hearing or hearings the Agreed Assessments,up to the amounts stated in paragraphs 1 and 2,is to be considered by the City Council and thereafter approved and levied. 6. The Owner concurs that the benefit to the Property by virtue of the Improvements to be constructed exceeds the amount of the Agreed Assessments to be levied against the Property. The Owner waives all rights it has by virtue of Minnesota Statute 429.081 or otherwise to challenge the amount or validity of the Agreed Assessments up to the amounts stated in paragraphs 1 and 2, or the procedures used by the City in apportioning the Agreed Assessments and hereby releases the City, its officers, agents and employees from any and all liability related to or arising out of the imposition or levying of the Agreed Assessments. 7. This agreement shall be effective immediately. 8. This Agreement may not be terminated or amended except in writing executed by both parties hereto,provided however upon the levying of the Agreed Assessments the City may upon request of the owner of the property affected,without the necessity of further City Council approval, unilaterally prepare and provide to the owner for recording a document releasing any property so levied from this Agreement. 20 Lion's Tap Site Improvements 9. This Agreement constitutes a lien upon the Property in the amount of$166,039.00 until such time as the Agreed Assessments referred to above are levied. 21 Lion's Tap Site Improvements IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. OWNERS CITY OF EDEN PRAIRIE By By Nancy Tyra-Lukens Bert A. Notermann 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 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2018, by Bert A. Notermann. Notary Public 22 Lion's Tap Site Improvements CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar October 16, 2018 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Jay Lotthammer, Director, Hennepin Youth Sports Grant Proposal— VIII.C. Parks and Recreation Staring Lake Park Recreation Center Requested Action Move to: Adopt the resolution authorizing staff to submit a grant request to the Hennepin Youth Sports Grant Program for development and construction of the Staring Lake Park Recreation Center. Synopsis The Staring Lake Park building was originally constructed in 1983. The building and overhanging picnic shelter have been used extensively by residents for picnics,parties, meetings and as a warming facility for sledding and skating. The addition of the pickleball courts and popularity of 5k runs has also added to the uses of the building. Over the years, modifications have been made to make the building more accessible; however, full compliance has not been achieved due to interior size constraints. Hennepin County is seeking local government units (LGU) interested in developing facilities for amateur sports or recreation. Legislation authorizing the building of the new Twins stadium allows Hennepin County to grant up to $2 million dollars each grant cycle to Hennepin County communities to assist with developing these facilities. These grants will be made available through the Hennepin Youth Sports Program. In order to apply for the grant, the local government organization and a Council resolution authorizing the submission of the grant application is required. Staff would complete the application and oversee the construction if the award is successful. The estimated cost of the project is $900,000. The grant request is proposed to be $250,000. Background The purpose of these grants is to allow municipalities, park districts and school districts to create, expand or improve sport or recreational facilities to enhance opportunities for athletics and recreation. No grant awards may be used for ongoing expenses, such as programming services or operating and maintaining the facilities. The criteria considered in evaluating grant applications includes; need for the facility, including recognizing that many changes in youth sports and activities have occurred in the more densely populated cities of Hennepin County, equitable distribution throughout the county, leveraging non-Hennepin County funds and in-kind contributions, sustainability, including ongoing operating funds and inclusion of environmental improvements. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2018- RESOLUTION AUTHORIZING FILING OF APPLICATION AND EXECUTION OF AGREEMENT TO DEVELOP SPORT OR RECREATION FACILITIES UNDER THE PROVISIONS OF THE HENNEPIN YOUTH SPORTS PROGRAM FOR THE DEVELOPMENT OF THE RECREATION CENTER AT STARING LAKE PARK WHEREAS,the Hennepin County Board of Commissioners, via the Hennepin Youth Sports Program, provides for capital funds to assist local government units of Hennepin County for the development of sports or recreational facilities; and WHEREAS,the City of Eden Prairie (local government unit, hereinafter LGU) desires to develop and build the Staring Lake Park Recreation Center, hereinafter PROJECT. NOW, THEREFORE BE IT RESOLVED by the Eden Prairie City Council of the City of Eden Prairie of the LGU: I. The estimate of the total cost of developing PROJECT shall be $900,000. The LGU is requesting $250,000 from the Hennepin Youth Sports Program and will assume responsibility for a matching funds requirement of$650,000. II. The City of Eden Prairie is the owner of the property where the PROJECT is located. The City of Eden Prairie will own the property where PROJECT is located for at least the functional life of the facility, which is estimated to be 35 years. The PROJECT may not be converted to a non-public or non-recreational uses within this time period without the approval of Hennepin County. III. The City of Eden Prairie agrees to own and assume one hundred(100)percent of operational and maintenance costs for PROJECT. The City of Eden Prairie will operate PROJECT for its intended purpose as stated in PROJECT application for the functional life of the facility. IV. LGU agrees to enter into necessary and required agreements with Hennepin County for the specific purpose of developing PROJECT and managing its long-term operation. V. That Jay Lotthammer, Park and Recreation Director is authorized and directed to execute the application for the Hennepin Youth Sports Program grants. CERTIFICATION I hereby certify that the foregoing resolution is a true and correct copy of the resolution presented to and adopted by the Eden Prairie City Council at a duly authorized meeting thereof held on the 16th day of October, 2018, as shown by the minutes of said meeting in my possession. ADOPTED by the Eden Prairie City Council on this 16th day of October, 2018. Nancy Tyra-Lukens, Mayor ATTEST Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: October 16, 2018 SECTION: Consent Calendar DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: George Esbensen Authorize Purchase of Lucas III Chest MILD. Fire Chief Compression System Requested Action Move to: Authorize purchase of four new Lucas III Chest Compression Systems. Synopsis In 2013 the Fire Department purchased state of the art Lucas II Chest Compression devices. These devices are at their end of their useful life. This item is budgeted under the CIP program. Cost for the (4) devices is $59,185.08 Background Lucas III Chest Compression Devices are state of the art latest generation of Life Safety equipment used by the Eden Prairie Fire Department on Cardiac Arrest patients. Attachments Bid Specifications Literature on Lucas III Bid Specifications LUCAS' 3 Chest Compression System, version 3.1 Device and Therapy Device version • This is the latest version of the LUCAS chest compression system, based on over 15 years of data, over 24,000 devices deployed, and 200+ publications Type of chest • Piston with suction cup designed to stabilize the compression point compression • Suction cup may assist chest recoil • Factory default settings consistent with AHA and ERC guidelines 2015 Compression rate • Configurable to 102 — 111 — 120 compressions per minute, fixed, or variable during use • Factory default setting: 102 ± 2 compressions per minute Compression • Configurable to a fixed value between 1.8 to 2.1 ± 0.1 inches/45 to 53 ± 2 mm depth • Factory default setting: 2.1 ± 0.1 inches/ 53 ± 2 mm for nominal patients Note: 1.5 to 2.1 inches/40 to 53 mm for chest height < 7.3 inches/ 185 mm Pressure • To allow for chest rise during ventilation the pressure pad can be configured pad during to move up 0.4 inch/ 10 mm above start position during pauses or during ventilation continuous compressions • Factory default setting: pressure pad remains in start position Compression • 50 ± 5% duty cycle Compression • ACTIVE 30:2 mode: 30:2 (factory default setting) or 50:2 (setup option) modes (operator compression to ventilation ratio selectable) • ACTIVE Continuous mode Ventilation alerts • ACTIVE 30:2 mode: LED blinks and audible alert signal before ventilation pause • ACTIVE Continuous mode: LED blink and audible alert. Configurable to 6, 7, 8, 9 or 10 alerts per minute (factory default setting: 10 alerts per minute). Audible alert configurable ON/OFF (factory default setting: OFF) Ventilation pause • ACTIVE 30:2 mode: configurable between 3 to 5 sec. duration (factory default setting: 3 sec.) • ACTIVE Continuous mode: configurable between 0.3 to 2 sec. (factory default setting: 0.3 sec.) Suction cup • Configurable: start position - QuickFit (factory default setting): Manual lowering of the suction cup. Automatic fine-tuning will occur when locking the start position - AutoFit: Automatic lowering of the suction cup from its upper position down to the chest - Manual: Manual lowering of the suction cup to the chest. No automatic fine- tuning will occur when locking the start position Suction cup in • The device can be setup so that the suction cup automatically returns up from the ADJUST mode chest when the operator pushes the ADJUST key coming from PAUSE or ACTIVE (30:2 or Continuous) modes (factory default setting: OFF) Audible timers • 1 to 15 minutes, in 1 minute increments (factory default setting: OFF) • The timer can be setup as either CPR Timer or Continuous Timer - CPR Timer: the device only measures the time in uninterrupted ACTIVE (30:2 or Continuous) modes. Timer starts at first compression - Continuous Timer: the device measures the time continuously, independent of what mode the device is in. Timer starts at first compression Usability • Two part device assembly (back plate and upper part) • Simple 1-2-3 step user interface • Device deployment documented as short as 7 sec. (median) in clinical use' • Retains start position during battery change • Holes in back plate allow for strapping and securing onto transportation device • Patient and stabilization straps to secure device to patient • Cath lab compatible as the device is mainly radiotranslucent, except for hood, piston and metallic screws. Carbon fiber back plate (optional) designed and optimized for cath lab use Safety systems • Automatic self-test at each Power ON controls • Advanced control of delivered compression depth, compression rate and duty cycle, with safety alarm • Soft Start at beginning of compressions • Automatic adjustment of compression force to reach the set compression depth in individual chests Patients eligible • 6.7 to 11.9 inches/ 17.0 to 30.3 cm chest height for treatment • 17.7 inches/44.9 cm chest width • No patient weight limitation Indications • Adult patients in cardiac arrest where chest compressions are likely to help the patient • The LUCAS device is intended for use as an adjunct to manual CPR when effective manual CPR is not possible (e.g., during patient transport or extended CPR when fatigue may prohibit the delivery of effective/consistent compressions to the victim, or when insufficient EMS personnel are available to provide effective CPR). (US only) Contra- • Do not use if not possible to position the device safely or correctly on the patient, indications the patient is too small or too large for the device Safety and Efficacy documentation Clinical safety • Highest level of clinical evidence: a randomized, controlled out-of-hospital trial, and efficacy data showing device is as safe and effective as high-quality manual CPR3 • Shown to contribute to over 99% good neurological outcomes at 6 months follow up in out-of-hospital cardiac arrest survivors3 • Shown to improve quality of compressions compared to manual CPR • Shown to reduce interruptions at the scene, during patient movement and transportation compared to manual CPR • Shown to increase circulation to brain and heart compared to manual CPR • Documented safe with similar type of side-effects as manual CPR3'4 • Shown to increase the opportunities to save patients by serving as a bridge to other lifesaving treatments such as ECMO and PCI • Shown to improve ROSC and survival chances in resistant cardiac arrest patients • Shown to create good neurological outcomes despite prolonged CPR of several hours • Documented high level of operational reliability in multicenter study (>99%)3 • Documented 7 sec. (median) application time in real clinical use' • With over 200 scientific publications the device has the largest body of data of any mechanical CPR device. The device is documented to meet the demands throughout the chain of survival. • Mechanical chest compression devices differ with regards to compression design, application, usability and operational reliability and need to prove and show their own safety and efficacy data. Clinical evidence and usability data from the LUCAS device cannot be transferred to other types of chest compression devices Settings and • Tested for EN 1789:2007+ A1:2010 + A2:2014 Medical vehicles and their concomitant equipment—Road ambulances therapies • Tested for EN 13718-1:2014 Medical vehicles and their equipment—Air ambulances Part 1: Requirements for medical devices used in air ambulances • Catheterization laboratory: documented to allow for oblique fluoroscopy projections, catheterization, angiography and potentially life-saving angioplasty during ongoing compressions • Defibrillation: defibrillation proof device and documented safe and effective to defibrillate during ongoing device compressions.3 Tested against • EN 1789:2007 +A1:2010 + A2:2014 Medical vehicles and their equipment— global standards Road ambulances (selected • EN 13718-1:2014 Medical vehicles and their equipment—Air ambulances Part 1: examples) Requirements for medical devices used in air ambulances • EN 60601-1:2006/A1:2013 (includingA11:2011 andAl2:2014) (edition 3.1) Medical electrical equipment—Part 1: General requirements for basic safety and essential performance • EN 60601-1-2:2015 (edition 4) Medical electrical equipment—Part 1-2: General requirements for basic safety and essential performance—Collateral standard: Electromagnetic compatibility—Requirements and tests • IEC 60601-1-6:2010 + Al:2015 Medical electrical equipment—Part 1-6: General requirements for basic safety and essential performance—Collateral standard: Usability • EN 60601-1-8:2007 + A1:2013 Medical electrical equipment—Part 1-8: General requirements for basic safety and essential performance—Collateral Standard: General requirements, tests and guidance for alarm systems in medical electrical equipment and medical electrical systems • IEC 60601-1-12:2014 Medical electrical equipment—Part 1-12: General requirements for basic safety and essential performance—Collateral Standard: Requirements for medical electrical equipment and medical electrical systems intended for use in the emergency medical services • ANSI/AAMI ES 60601-1:2005(R)2012 Medical electrical equipment—Part 1: General requirements for basic safety and essential performance, with AMD C l: 2009, AMD 2: 2010, AMD 1: 2012 • CSA C22.2 No.60601-1:14 (3rd edition) Medical electrical equipment—Part 1: General requirements for basic safety and essential performance, COR 2: 2011/06/01 • EN 62366:2008 + A1:2015 Medical devices—Application of usability engineering to medical devices • EN IEC 62133:2012 + CORR 1:2013 Secondary cells and batteries containing alkaline or other non-acid electrolytes—Safety requirements for portable sealed secondary cells, and for batteries made from them, for use in portable applications—Edition 2.0 Maintenance and implementation support Maintenance and • Routine check recommended weekly and after each use service • Fleet management via included software account • Battery can be charged in device connected to external power (<2 hours), or in external desk-top charger (<4 hours) • No need for battery reconditioning or written battery administration • Hard-shell carrying case allows for charge while in bag and check of battery status through top window • Disposable suction cup • Yearly service recommended, optional on-site service* with included loaner device • Platform built for future software upgrades * May not be available in all geographies. Training of • Comprehensive train-the-trainer guide and training materials available teams • Documented by users as easy or very to learn (> 99%)2 Clinical support • Network of experienced users from various settings, sharing of best practice and clinical protocols, support and research Device post-event data and connectivity Communication • Wireless connectivity: Device can communicate via Bluetooth' (factory default setting ON) and connect to configured Wi-Fi®networks (factory default setting OFF) to receive and transmit data when not in clinical use. • Manual or automatic data transmission: push the TRANSMIT key in range of known networks, or setup option for automatic data transmission whenever the device is off, charging and in range of known networks (configurable) • Setup options: Device functionality can be configured with setup options via secure, online platform (LIFENET) and be transmitted to the device wirelessly. Single setup profile can be applied to entire fleet or fleet can have different setup options • Post-Event Reports: Device can transmit Post-Event Reports (PDF) wirelessly and send to any predetermined e-mail addresses • Device readiness status: Device can transmit device readiness and battery notifications wirelessly to any predetermined e-mail addresses • Local Bluetooth connection for setting up local Wi-Fi networks, and for Post-Event Report generation and software updates (if Wi-Fi cannot be used) • Ability to disable Bluetooth and/or Wi-Fi Post-event Easy to read Post-Event Device (PDF) Report showing: device data • Summary of device use: compression time, ratio, rate, count, number of pauses > 10 sec. and duration of longest compression pause • Visual timeline showing device compressions, rate and pauses • Event log showing user interactions, battery alerts and alarms • Full display of device setup for quick reference • Comprehensive post-event review in CODE-STAT 11 Data Review Software (optional) Device Option to setup automatic e-mail notifications via LIFENET for: readiness data • Battery nearing expiration • Battery expired • Failed device self-test Reporting • Report Generator software (DTX, included with device purchase for download software over online) with ability to download, print, save and share device reports of each use Bluetooth (PDF format) • The Report Generator (DTX) can be downloaded on a pc with Windows® 7, 8.1 or 10 Device data 4GB (estimated to store more than two uses per day over the lifetime of the device, storage 8 years) Device physical specifications Device 22.0 x 20.5 x 9.4 inches/ 56 x 52 x 24 cm dimensions when assembled (HxWxD) Device 22.8 x 13.0 x 10.2 inches/58 x 33 x 26 cm dimensions while stored in Carrying Case (HxWxD) Battery 5.1 x 3.5 x 2.2 inches/ 13.0 x 8.8 x 5.7 cm dimensions (HxWxD) Weight of the 17.7 lbs/ 8.0 kg device with Battery (no straps) Battery weight 1.3 lbs/0.6 kg Back plate Thin and lightweight back plate (0.6 inches/ 15 mm and 2.5 lbs/ 1.1 kg) Device main Included in shipping box parts • Device (upper part and back plate) • Hard shell carrying case • One battery • One mounted suction cup and one spare • Patient straps to secure patient's arms to device • Stabilization strap to secure device position to patient • Instructions for use Optional accessories • External power supply • Car cable • Desktop battery charger • Spare batteries • Disposable suction cups • PCI back plate (carbon fiber version for cath lab) • Anti-slip tape to slim back plate Device environmental specifications Operating +32°F to +104°F/ +0°C to +40°C temperature -4°F/-20°C for 1 hour after storage at room temperature Storage -4°F to +158°F/-20°C to +70°C temperature Relative 5% to 98%, non-condensing humidity Device IP IP43 classification (IEC60529) Operating input 12-28 V DC voltage Atmospheric 62-107 kPa pressure -1253 to 13000 ft (-382 to 4000 m) Power specifications Power source Proprietary battery alone or with external power supply or car power cable Power supply Input: 100-240VAC, 50/60Hz, 2.3A, Class II Output: 24VDC, 4.2A Car power cable 12-28VDC/0-10A Battery type Rechargeable Lithium-ion Polymer (LiPo) Battery capacity 3300 mAh (typical), 86 Wh Battery voltage 25.9 V (nominal) Battery run time Battery run time 45 minutes (typical) (nominal patient) Extended run time connecting to external power Maximum Charged in the device using external power supply: Battery charge - Less than two hours at room temperature (+72°F/ +22°C) time Charged in the external battery charger: - Less than four hours at room temperature (+72°F/ +22°C) Battery service Recommendation to replace the battery every 3 to 4 years or after 200 uses (of more life (interval for than 10 minutes each time) recommended End of Battery service life will be indicated by a constant yellow LED to the far right replacement) on the Battery charge indicator Battery IP IP44 classification (IEC60529) Battery charge +32°F to +104°F/ +0°C to +40°C temperature (+68°F to +77°F/ +20°C to +25°C preferred) Battery storage -4°F to +104°F/-20°C to +40°C temperature +105°F to +158°F/ +41°C to +70°C ambient for less than a month Note: Technical data from LUCAS 3 Chest Compression System, version 3.1, Instructions for Use, 101034-01 Rev E References: 1. Levy M, Yost D, Walker R, et al. A quality improvement initiative to optimize use of a mechanical chest compression device within a high-performance CPR approach to out-of-hospital cardiac arrest resuscitation. Resuscitation. 2015;92:32-37. 2. Pocock H, Deakin C, Quinn T, et al. Human factors in pre-hospital research: lessons from the PARAMEDIC trial.Emerg Med J online Feb 25, 2016. 3. Rubertsson S, Lindgren E, Smekal D, et al. Mechanical chest compressions and simultaneous defibrillation vs conventional cardiopulmonary resuscitation in out-of-hospital cardiac arrest: The LINC Randomized Trial.JAMA. 2014;311:53-6. 4. Koster R, Beenen L, van der Boom E. Safety of mechanical chest compression devices AutoPulse and LUCAS in cardiac arrest: A randomized clinical trial for non-inferiority. Eur Heart J. 2017;0:1-8. ©2018 Physio-Control,Inc.Redmond,WA.All names herein are trademarks or registered trademarks of their respective owners. GDR 3328501_C stryker LUCAS° 3 Chest Compression System y `e ; r k The LUCAS Chest Compression system provides benefits to cardiac : arrest patients by delivering Guideline-consistent, high-quality chest y.�- t� compressions even under difficult conditions and for extended periods •r of time. The device allows you and your team to work more efficiently -_ _ *' without having to compromise on your own safety. Improved outcomes Facilitates extended •Contributes to increased survival resuscitations rates in systems of care' •Chest compression quality •As safe and effective as is not limited by fatigue high-quality CPR in large •Published multi-hour randomized trial with >99% successful resuscitations good neurological outcomes2 High-quality CPR Improved hemodynamics during transport •Greater blood flow to •Improved CPR quality'$ brain and heart3,4,5 •Higher EtCO2 values indicative •Fewer interruptions10 Patient transfer without of higher chance of ROSCS impacting CPR Improved CPR metrics eel ef,� Bridge to PCI or ECMO •More consistent quality �i QI (depth and rate)?8'9 0 SPe •Extend reach of care with tions'o•" .�� JO consistent and high-quality •Fewer interru p �� compressions .) O •Facilitates ECMO/PCI and CY Patient CD allows for treatment of the lk underlying cause during CPR i O Caregiver �a}�p i St�'� Facilitates safer transport Reduce event stress � d, •Eliminates focus on �ci h4/ S •Rescuers can avoid awkward 'who's next for compressions?' es and potentially dangerous •Focus on treating situations when performing underlying condition CPR during patient transport Do more with less Reduce work-related injuries •Can provide high-quality care •Reduce body strain during even when short-staffed extended resuscitations •More efficient use of resources •Provide high-quality CPR in Provides CPR guidance awkward physical conditions and data for feedback Reduce X-ray exposure of •Ventilation alerts CPR provider during PCI •Post-event data reporting At Stryker we not only offer the best solutions for your needs, we also ensure you have the best resources and support to implement and maintain our solutions. an SERVICE We offer comprehensive support to fit your needs. 0 CLINICAL TRAINING �Q We provide comprehensive training to establish and maintain quality clinical practices. LEGACY .V As the industry pioneer in defibrillation, mechanical chest compression and external pacing, we continue to innovate products to evolve patient care. $ FINANCE We offer numerous payment structures that can be customized to meet budgetary needs and help to build long-term financial stability. References 1 Sporer K,Jacobs M,Derevin L,et al.Continuous quality improvement efforts increase survival with favorable neurologic outcome after out-of-hospital cardiac arrest. Prehosp Emerg Care.2016;14:1-6. 2 Rubertsson S,Lindgren E,Smekal D,et al.Mechanical chest compressions and simultaneous defibrillation vs conventional cardiopulmonary resuscitation in out-of-hospital cardiac arrest:The LINC Randomized Trial.JAMA.2014;311:53-6. 3 Carmona Jimenez F,Padre PP,Garcia AS,et al.Cerebral flow improvement during CPR with LUCAS,measured by Doppler.Resuscitation.2011;8251:30,AP090.[This study is also published in a longer version,in Spanish language with English abstract,in Emergencias.2012;24:47-49]. 4 Larsen A,Hjornevik A,Bonarjee V,et al.Coronary blood flow and perfusion pressure during coronary angiography in patients with ongoing mechanical chest compression:A report on 6 cases.Resuscitation.2010;81:493-497. 5 Wagner H,Madsen Hardig B,Harnek J,et al.Aspects on resuscitation in the coronary interventional catheter laboratory.Circulation.2010;122:A91(+Poster on file at Physio-Control). 6 Axelsson C,Karlsson T,Axelsson AB,et al.Mechanical active compression-decompression cardiopulmonary resuscitation(ACDCPR)versus manual CPR according to pressure of end tidal carbon dioxide(PETCO2)during CPR in out-of-hospital cardiac arrest(OHCA).Resuscitation.2009;80(10):1099-103. 7 Putzer G,Braun P,Zimmerman A,et al.LUCAS compared to manual cardiopulmonary resuscitation is more effective during helicopter rescue—a prospective,randomized,cross-over manikin study.Am J Emerg Med.2013 Feb;31(2):384-9. 8 Gyory R,Buchle S,Rodgers D,et al.The efficacy of LUCAS in prehospital cardiac arrest scenarios:A crossover mannequin study.West JEmerg Med.2017;18(31:437-445. 9 Wyss CA,Fox J,Franzeck F,et al.Mechanical versus manual chest compression during CPR in a cardiac catherisation settting.Cardiovascular Medicine.2010;13(31:92-96 (http://www.cardiovascular-medicine.ch/pdi/2010/2010-03/2010-03-005.PDF). 10 Olasveengen TM,Wik L,Steen PA.Quality of cardiopulmonary resuscitation before and during transport in out-of-hospital cardiac arrest.Resuscitation.2008;76(21:185-90. 11 Maule Y.The aid of mechanical CPR;better compressions,but more importantly—more compressions...(translated from French language;Assistance Cardiaque Externe; Masser mieux,mais surtout masser plus...).Urgence Pratique.2011;106:47-48. The LUCAS 3 device is for use as an adjunct to manual CPR when effective manual CPR is not possible (e.g.,transport,extended CPR,fatigue,insufficient personnel). Physio-Control is now part of Stryker. For further information please contact your local Stryker or Physio-Control representative or visit our website at www.physio-control.com Physio-Control Headquarters Physio-Control Canada 11811 Willows Road NE Physio-Control Canada Sales,Ltd. Redmond,WA 98052 45 Innovation Drive www.physio-control.com Hamilton,ON Customer Support L9H 7L8 P.0.Box 97006 Canada Redmond,WA 98073 Toll free 800 895 5896 Toll free 800 442 1142 Fax 866 430 6115 Fax 800 426 8049 fia Jolife AB,Scheelevagen 17,Ideon Science Park,SE-223 70 LUND,Sweden 02018 Physio-Control,Inc.Not all products and services are available in all countries. GDR 3336042_A stryker NEW LUCAS°3 Chest Compression System, version 3.1 sinker Setting the standard for mechanical CPR , «As3 We continue to innovate the LUCAS 1p platform with Wi-Fi® connection r ..to the LIFENET® System and de, integration into CODE-STATTM • Data Review Software. The new LUCAS 3, v3.1, allows for tailored rates to meet your protocols, alerts configured to improve compliance, Post-Event Reports to your inbox, ` ��'�` • and asset notifications by e-mail. Device configuration via the LIFENET System The world's most used mechanical CPR device Wirelessly set device presets to align with your protocols • Over 15 years of experience, over 24,000 devices • Adjustable rate: 102, Ill, 120 ± 2 compressions per deployed, and 200+ publications** minute—fixed or variable during operation • Unique device design: piston with suction cup designed • Adjustable depth: 1.8 to 2.1 ± 0.1 inches/45 to to stabilize the compression point and follow the chest 53 ± 2mm—fixed during operation • Used in the field all the way into the cardiac cath lab • Audible CPR timer: 1-15 minutes(in 1 minute increments) Proven safe and effective, quick and easy • Adjustable ventilation alerts,pause length and count • Highest level of evidence showing safety and efficacy' • Auto-lowering of the piston(AutoFit or QuickFit) • Simple 1-2-3 step user interface • Pressure pad release to allow for chest rise during ventilation • Quick: A median 7 sec.interruption at transition from manual to mechanical CPR in clinical use2 Post-Event reporting Proven to perform. Reliably. • Receive device Post-Event Report(PDF)via e-mail after device check-in over Wi-Fi • Easy to maintain and own • Transmit reports wirelessly to any predetermined • Compact and lightweight e-mail addresses(configurable in LIFENET) • >99%operational reliability in clinical use' • Integration with CODE-STAT 11* Asset management via LIFENET • Asset dashboard for fleet status at latest device check-in • Notifications of expiring and expired LUCAS batteries • Notifications of upcoming or missed service *Commercially available mid-2018 **As of April 2018 LUCAS 3 Chest Compression System Specifications Device post-event data Device and Therapy Device and Therapy(cont.) and connectivity Type of chest compression Suction cup start position Connectivity •Piston with suction cup designed to •Configurable: •Wireless connectivity: Device can stabilize the compression point - QuickFit(factory default setting): communicate via BluetoothT' (factory •Factory default settings consistent Manual lowering of the suction cup. default setting ON)and connect to with AHA and ERC Guidelines 2015 Automatic fine-tuning will occur configured Wi-Fi networks to receive Compression rate when locking the start position and transmit data when not in -AutoFit:Automatic lowering of the clinical use. •Configurable to 102— 111 — 120 •Local Bluetooth connection for setting compressions per minute,fixed, or suction cup from its upper position Post- variable during use down to the chest up local Wi-Fi network,and for Manual: Manual loweringof Event Report generation and software •Factory default setting: 102 ± 2 updates(if Wi-Fi cannot be used) compressions per minute the suction cup to the chest.No automatic fine-tuning will occur •Ability to disable Bluetooth and/ Compression depth when locking the start position or Wi-Fi •Configurable to a fixed value Suction cup in ADJUST mode:The Wi-Fi and LIFENET capabilities between 1.8 to 2.1 ± 0.1 inches/ device can be setup so that the suction •Manual or automatic data transmission 45 to 53 ± 2 mm cup automatically returns up from the (configurable):push the TRANSMIT •Factory default setting: chest when the operator pushes the key in range of known network(factory 2.1 ± 0.1 inches/53 ± 2 mm for ADJUST key coming from PAUSE or default setting),or setup option for nominal patients ACTIVE (30:2 or Continuous)modes automatic data transmission whenever Note: 1.5 to 2.1 inches/40 to 53 mm (factory default setting: OFF) the device is off,charging and in range for chest height < 7.3 inches/185 mm of known network Audible timers Pressure pad during ventilation •Setup options: Device functionality •1 to 15 minutes,in 1 minute increments •To allow for chest rise during (factory default setting: OFF) can be configured with setup options ventilation the pressure pad can be •The timer can be setup as either CPR via secure,online platform(LIFENET) configured to move up 0.4 inch/10 mm and be transmitted to the device above start position during pauses or Timer or Continuous Timer wirelessly.A single setup profile can - CPR Timer: the device only be applied to entire fleet or individual during continuous compressions measures the time in uninterrupted pp •Factory default setting:pressure pad p setup options for each device ACTIVE (30:2 or Continuous)modes .post Event Reports: Device can remains in start position p - Continuous Timer:the device transmit Post-Event Reports Compression duty cycle: 50 ± 5% measures the time continuously, (PDF)wirelessly and send to any Compression modes(operator independent of what mode the predetermined e-mail addresses. selectable) device is in •Device readiness status: Device •ACTIVE 30:2 mode: 30:2(factory Safety system controls can transmit device readiness and default setting)or 50:2(setup option) •Automatic self-test at each Power ON battery notifications wirelessly to any compression to ventilation ratio •Advanced control of delivered predetermined e-mail addresses •ACTIVE Continuous mode compression depth,rate and duty Post-Event Report contents:Easy to Ventilation alerts cycle,with safety alarm read Post-Event Report(PDF)showing: •ACTIVE 30:2 mode: LED blinks •Soft Start at beginning of •Summary of device use: compression and audible alert signals before compressions time,ratio,rate, count,number of ventilation pause •Automatic adjustment of compression pauses > 10 sec. and duration of •ACTIVE Continuous mode: LED force to reach the set compression longest compression pause blink. Configurable to 6 to 10 alerts depth in individual chests •Visual timeline showing device per minute (factory default setting: Patients eligible for treatment compressions,rate and pauses 10 alerts per minute).Audible alert .6.7 to 11.9 inches/17.0 to 30.3 cm •Event log showing user interactions, configurable ON/OFF(factory default chest height battery alerts and alarms setting: OFF) •17.7 inches/44.9 cm maximum •Full display of device setup for Ventilation pause duration chest width quick reference •ACTIVE 30:2 mode: configurable to •No patient weight limitation •Comprehensive post-event review in 3 to 5 sec. (factory default setting: CODE-STAT 11 Data Review Software 3 sec.) (optional) •ACTIVE Continuous mode: configurable to 0.3 to 2 sec. (factory default setting: 0.3 sec.) Device post-event data Device environmental and connectivity(cont.) specifications Power specifications (cont.) Device readiness data:Configurable in Operating temperature Maximum Battery charge time: LIFENET to send e-mail notifications on •+32°F to +104°F/+0°C to +40°C Charged in the device using external latest device check-in status including: •-4°F/-20°C for 1 hour after storage at power supply: •Battery nearing expiration room temperature •Less than two hours at room •Battery expired temperature(+72°F/+22°C) Storage temperature: -4°F to +158°F/ •Failed device self-test -20°C to +70°C Charged in the external battery charger: Reporting software over Bluetooth Relative humidity:5%to 98%,non- •Less than four hours at room •Report Generator software condensing temperature(+72°F/+22°C) (DTX,included with device purchase Battery service life(interval for Device IP classification(IEC60529): for download online)with ability IP43 recommended replacement) to download,print,save and •Recommendation to replace the share device reports of each use Operating input voltage: 12-28 V DC battery every 3 to 4 years or after (PDF format) Atmospheric pressure: 62-107 kPa 200 uses(of more than 10 minutes •The Report Generator(DTX)can be -1253 to 13000 ft(-382 to 4000 m) each time) downloaded on a pc with Windows® •End of Battery service life will be 7, 8.1 or 10 Power specifications indicated by a constant yellow LED Device data storage:4GB (estimated to to the far right on the Battery charge store more than two uses per day over Power source:Proprietary battery indicator the lifetime of the device, 8 years) alone or with external power supply or Battery IP classification(IEC60529): car power cable IP44 Device physical specifications Power supply input: 100-240VAC, Battery charge temperature 50/60Hz, 2.3A, Class II Device dimensions when assembled power supply output: 24VDC,4.2A •+32°F to +104°F/+0°C to +40°C (HxWxD):22.0 x 20.5 x 9.4 inches/ •(+68°F to +77°F/+20°C to +25°C 56 x 52 x 24 cm Car power cable: 12-28VDC/0-10A preferred) Device dimensions while stored in Battery type:Rechargeable Lithium-ion Battery storage temperature carrying case(HxWxD):22.8 x 13.0 x Polymer(LiPo) y g •-4°F to +104°F/-20°C to +40°C 10.2 inches/58 x 33 x 26 cm Battery capacity: 3300 mAh(typical), •+105°F to +158°F/ +41°C to +70°C Battery dimensions(HxWxD): 86 Wh ambient for less than a month 5.1 x 3.5 x 2.2 inches/13.0 x 8.8 x Battery voltage(nominal): 25.9 V 5.7 cm Battery run time(nominal patient): Weight of the device with Battery Battery run time 45 minutes(typical) (no straps): 17.7 lbs/8.0 kg Extended run time connecting to Battery weight: 1.3 lbs/0.6 kg external power supply Back plate:Thin and lightweight back plate (0.6 inches/ 15mm and 2.5 lbs/ 1.1 kg) References 1. Rubertsson S,Lindgren E,Smekal D,et al.Mechanical chest compressions and simultaneous defibrillation vs conventional cardiopulmonary resuscitation in out-of-hospital cardiac arrest.The LINC randomized trial.JAMA.2013;311(1):53-61. 2. Levy M,Yost D,Walker R,et al.A quality improvement initiative to optimize use of a mechanical chest compression device within a high-performance CPR approach to out-of-hospital cardiac arrest.Resuscitation.2015;92:32-37. The LUCAS 3 device is for use as an adjunct to manual CPR when effective manual CPR is not possible(e.g.,transport, extended CPR,fatigue,insufficient personnel). Physio-Control is now part of Stryker. For further information,please contact your Stryker or Physio-Control representative or visit our website at www.physio-control.com Physio-Control Headquarters Physio-Control Canada 11811 Willows Road NE Physio-Control Canada Sales,Ltd. Redmond,WA 98052 45 Innovation Drive www.physio-control.com Hamilton,ON L9H 7L8 Customer Support Canada P.O.Box 97006 Toll free 800 895 5896 Redmond,WA 98073 Fax 866 430 6115 Toll free 800 442 1142 Fax 800 426 8049 MI Jolife AB,Scheelevagen 17,Ideon Science Park,SE-223 70 LUND,Sweden 02018 Physio-Control,Inc.Not all products and services are available in all countries.Specifications subject to change without notice.All names herein are trademarks or registered trademarks of their respective owners.GDR 3336665_B CITY COUNCIL AGENDA DATE: October 16, 2018 SECTION: Consent Calendar DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: George Esbensen Authorize Purchase of Rad- 57s VIII.E. Fire Chief Requested Action Move to: Authorize purchase of five new Rad-57 equipment Synopsis The Rad 57, is a state of the art medical device that will detect CO in the blood stream of a victim of Carbon Monoxide poisoning. The handheld Pulse CO-Oximeter allows Eden Prairie Fire to quickly determine if someone has elevated CO readings. This item is budgeted under the CIP program. Cost for the (5) devices is $25,734.95 Attachment Literature on Rad-57 , Ise smoxi eter. Featuring Masimo SET'® Measure-through Motion and Low Perfusion'" Pulse Oximetry with Upgradeable rainbow SET"Technology Masimo SET® Measurements Upgradeable rainbow SET'"Measurements ram:' Sp2 Oxygen Saturation SO ` Total Hemoglobin PR Pulse Rate Splet' Methemoglobin '® PI Perfusion Index SpCO Carboxyhemoglobin '40 - `. Pleth Variability Index SpOC Total Arterial Oxygen Content a 1 Features > Continuous monitoring in a portable,handheld device > Quick and easy to use > Rugged and lightweight, ideal for field or hospital settings > Low Signal I.Q.®(SIQ)indicator identifies conditions of low measurement confidence > Up to 72 hours of trending memory OVAsivo Sensor and Cable Options > Rad-57 can be used with the following: 6f'7--- gam ® ��_ • rainbow°sensors and cables • Red reusable sensors 11:1':_ I ' ---- • RD, LNCS®,and M-LNCS-adhesive sensors rainbow®RC Cable rainbow®DCI® rainbow®DCI-P > rainbow°sensors must be used when measuring > 1 ft—PN 2405 Adult Sensor Pediatric Sensor SpHb,SpCO,SpMet,and SpOC >4ft—PN 2406 >PN 2696 >PN 2697 Kits and Accessories > Protection+for Rad-57 • Covers entire cost of repair or replacement, beyond the one-year parts and labor warranty 1311 • Available in 1,2,3,4,and 5 year plans 11111' , > Rad-57 is available in a variety of configurations - and kits, including: - Ili •N,� Rad-57 Part Numbers 1Oil Description PN f �® Rad-57 SpO2 Only-Option for Upgradeable rainbow®Parameters 9216-U 0 Ott Rad-57 Kit with SpCO Option,Adult rainbow®Sensor, RC-01 Cable,and Red Carry Case 3734 aee Rad-57 Kit with SpCO Option,Adult and Pediatric rainbow® 3735 Sensors,RC-01 Cable,and Red Carry Case Rad-57 with SpCO and SpMet Options,Adult rainbow®Sensor, 3736 RC-01 Cable,and Red Carry Case Rad-57 with EMS Carrying Case Rad-57 Kit with SpMet Option,Adult and Pediatric rainbow® 3737 >PN 2208 Sensors,RC-01 Cable,and Red Carry Case Rad-57 Specifications ACCURACY(ARMS) PHYSICAL CHARACTERISTICS Oxygen Saturation(%Sp02)Accuracy Range 70-100% Dimensions 6 2"x 3"x 1.4"(15.8 cm x 7.6 cm x3.6 cm) No Motion Adults/Pediatrics/Infants 2% Weight(With Batteries) 13 oz Motion Adults/Pediatrics/Infants/Neonates 3% Display Type LED Low Perfusion Adults/Pediatrics/Infants/Neonates 2% BATTERIES Pulse Rate(PR)Accuracy Range 25-240 bpm No Motion Adults/Pediatrics/Infants/Neonates 3 bpm Type 4AAAlkaline Motion Adults/Pediatrics/Infants/Neonates 5 bpm Capacity Up to 10 hours2 Low Perfusion Adults/Pediatrics/Infants/Neonates 3bpm ENVIRONMENTAL Total Hemoglobin(SpHb)Accuracy Range 8-17 g/dL Adults/Pediatrics 1 g/dL Operating Temperature 0-129°F(-18-54°C) Carboxyhemoglobin(%SpCO)Accuracy Range 1-40% Atmospheric Pressure 500-1,060 mbar Adults/Pediatrics/Infants 3% COMPLIANCE Methemoglobin(%spMet)Accuracy Range 1-15% Adults/Pediatrics/Infants/Neonates 1% EMC Compliance EN60601-1-2,Class B Equipment Classification IEC 60601-1-1 Type of Protection Internally Powered(Battery Powered) Degree of Protection Type BF-Applied part Mode of Operation Continuous 'ARMS Accuracy is calculated based upon measurement values that are statistically distributed;approximately 68%of the measured values fell within±the ARMS value when compared to the reference device in a controlled study.2This represents approximate run time at lowest indicator brightness,using new,fully charged batteries. SpHb,SpCO,and SpMet monitoring with Rad-57 is not intended to replace laboratory blood testing.Blood samples should be analyzed by laboratory instruments prior to clinical decision making. in a ruc or use prescribing Caution:Federal(USA)law restricts this device to sale by or on the order of a h sician.See instructions f for full information, Masimo U.S. Masimo International a p yTel:1B114Masimo Tel:+41 32 720 1111 AS�� O including indications,contraindications,warnings,and precautions. info-america@masimo.com info-international@masimo.com s • Pro t --4-ct Y. __ r Inv-- st v • ® Prot = -*: t ILI ! -- Now that NFPA° 1584 rehab standards support on-scene assessment t, ..i0;r of CO levels in firefighters,you can't afford to be without your Rad-57. 0 get aceProtection+for Rad-57 covers the entire cost of repair or replacement so 0 you can avoid unplanned or unbudgeted service or replacement costs, i which could exceed $2,500. Protection+for Rad-57 is a one-of-a-kind complete service option rz that—from the moment of purchase—protects the device from those unpredictable everyday incidents.Protection+ coverage is available for one,to up to five years. Rad-57 Handheld Pulse CO-Oximeter` Part ID Part Description IIIIICEIIM 100-1Y Protection+for Rad-57, 1 Year $297 100-2Y Protection+for Rad-57,2 Year $497 100-3Y Protection+for Rad-57,3 Year $697 100-4Y Protection+for Rad-57,4 Year $847 100-5Y Protection+for Rad-57,5 Year $977 In addition to protecting your Rad-57 investment beyond the original one- year parts and labor warranty,Protection+ provides the following benefits: s;.. > Wear,tear,and theft coverage . s > Performance verification 4 le ,> 35%discount on replacement on SpCO°sensors 9. > Free software updates to the latest released IIP �° �- `\l r revision at the time of service (excludes additional rainbows parameters) t '4_; Act now to ensure that your Rad-57(s)will always be there for you. ' Contact your Masimo representative or learn more at http://www.masimo.com/rad-57/index.htm a Caution:Federal(USA)law restricts this device to sale by or on the order of a physician.See instructions for use for full prescribing information,including Masimo U.S. 0 VA5I110 indications,contraindications,warnings,and precautions. Tejo.m enca@ imo o info�america@masimo.wm ©2016 Masimo.All rights reserved. I OMASIMo QUOTATION Quote Number 00215765 52 Discovery Irvine,CA 92618-3105 Created Date 10/8/2018 1.800.326.4890 Expiration Date 11/7/2018 customerorders@masimo.com Attn Account Name Eden Prairie Fire Dept Ship To 14800 Scenic Heights Rd Eden Prairie,Minnesota 55347-2210 United States • Bill To Name Eden Prairie Fire Dept Bill To Attn:A/P 8080 Mitchell Rd Eden Prairie,Minnesota 55344 United States Prepared By David Gelfund Payment Terms:Net 30 days from shipment Title Regional Manager,EMS Channel Delivery:2-4 weeks after receipt of order Email dgelfund@masimo.com Phone (612)616-5143 Shipping Point:Origin.Shipping charges prepaid&invoiced Price:Excludes sales tax and shipping charges Quote Line Items Product Sales Total Product " Line Item Description Quantity Code Price Price KIT,RAD-57 Each Rad-57 comes with:Rad-57 Hand-Held w/SpCO,Adult Reusable 3734 HANDHELD,EMS SpCO sensor,1'extension cable,carry case,quick reference guide, USD 5.00 USD 3,995.00 19,975.00 PKG 1,MASIMO operators manual,DVD and one-year manaufacturers'warranty. RAINBOW DCIP, PED, USD USD 2697 5.00 SpO2/SpCO/SpMet, 450.00 2,250.00 1/BX QUICK REFERENCE 33650 GUIDE,RAD-57 USD 5.00 USD 0.00 CONFIG EMS 0.00 PROTECTION+FOR USD USD 100 3Y 5.00 RAD-57,3 YEAR 697.00 3,485.00 Totals Total Price USD 25,710.00 Shipping and USD 24.95 Handling Grand Total USD 25,734.95 Special Instructions 5� QUOTATION Please Note: Each Pediatric/Slender Finger Sensor is discounted$300 contingent on the purchase of Masimo's Protection Plus Program. Purchase from Masimo includes:Training&Material Support: Onsite,Online or Telephonic Training w/Materials. Please scan and email Purchase Orders along with a copy of this quotation to customerorders@masimo.com.Alternatively, Purchase Orders may be faxed to(949)297-7499. This Quotation is an offer.Upon Masimo's receipt of Customer's purchase order confirming and referencing this Quotation,a contract is formed between the parties.Any additional or conflicting terms or conditions in Customer's purchase order to those set forth above and those Masimo terms and conditions incorporated herein will not apply.Customer's performance of this Quotation will serve as acceptance of Masimo's terms and conditions.Masimo's terms and conditions are incorporated herein by reference. They may be reviewed at http:f/www.masimo.com/company/Terms-and-Conditions. All Trace Software Licenses included in this quotation are subject to the terms and conditions of the Trace Software End User License Agreement,which is incorporated herein by reference and may be reviewed at www.masimo.com/TraceEULA. Pricing may include discounts(including and subject to any rebates)and must be fully and accurately reported to the extent required by law or contract.Customer must retain discount documentation and allow agents of federal or state agencies access to it upon request.Cost reporting entities must report actual prices paid net of discounts/rebates on all federal health care program cost reports in the fiscal year in which discount/rebate is earned or the following year. The following terms apply to any Extended Warranty and Protection+warranty products"Service Products"included in this quote:i)Service Products warranties included in this quote are provided solely to Customer and are nontransferable,ii)If Customer has existing equipment or devices not currently under warranty,the warranty provided under the Service Products included in this quote will not commence until 30 days after receipt of Customer's purchase order. CITY COUNCIL AGENDA DATE: October 16, 2018 SECTION: Consent Calendar DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: George Esbensen Authorize approval of annual maintenance VIII.F. Fire Chief agreement with NICE logger Requested Action Move to: Authorize approval of the annual maintenance agreement with NICE logger equipment Synopsis The brand,NICE logger, records all of Eden Prairie PSAP's radio and telephone communication and 911 calls. This is an annual service contract. Funding comes from the E911 Funds. Attachment Motorola NICE Services Agreement MOTOROLA SOLUTIONS SERVICES AGREEMENT Attn:National Service Support/4th fl Contract Number: USC000008396 1301 East Algonquin Road Schaumburg,IL 60196 Contract Modifier: R03-JUL-18 15:52:49 (800)247-2346 Date: 10/12/2018 Customer Name: Eden Prairie Fire Dept, City Of Required P.O.: No Attn: Customer#: 1036447929 Billing Address: 8080 Mitchell Rd Bill to Tag#: 0002 City, State,Zip: Eden Prairie, MN 55344 Contract Start Date: 11/01/2018 Customer Contact: Mark Vanderberghe Contract End Date: 10/31/2019 Phone: (952)949-8368 Anniversary Day: Oct 31st Payment Cycle: ANNUAL PO#: QTY MODEL/OPTION SERVICES DESCRIPTION ""'Recurring Services***** SVCO2SVC0126A NICE GOLD-LITE PACKAGE 1 NICE Site PACKAGE PRICING SUMMARY MONTHLY EXT EXTENDED AMT Subtotal-Recurring Services $ 1,879.00 $ 22,548.00 SPECIAL INSTRUCTIONS-ATTACH Subtotal-One Time Event STATEMENT OF WORK FOR PERFORMANCE DESCRIPTIONS $ _ Services The prices quoted via this service contract renewal are valid only until Total $ 1,879.00 $ 22,548.00 expiration of the current service contract.If Customer does not provide Taxes $ to MSI a valid,executed contract renewal within 30 days of contract Grand Total $ 1,879.00 $ 22,548.00 expiration a one-time administrative fee equal to 5%of the subsequent year's annual contract rate will be billed to the Customer THIS SERVICE AMOUNT IS SUBJECT TO STATE&LOCAL TAXING upon reestablishment of the expired service contract.Price with 5% JURISDICTIONSWHERE APPLICABLE,TO BE VERIFIED BY MOTOROLA. Administration fee once delinquent=$23,675.40 Subcontractor(s) City State NICE SYSTEMS INC RESTON VA I received Statements of Work that describe the services provided on this Agreement. Motorola's Service Terms and Conditions,a copy of which is attached to this Service Agreement,is incorporated herein by this reference. AUTHORIZED CUSTOMER SIGNATURE TITLE DATE CUSTOMER(PRINT NAME) MOTOROLA REPRESENTATIVE(SIGNATURE) TITLE DATE Charles Benson 615-342-9578 MOTOROLA REPRESENTATIVE(PRINT NAME) PHONE Service Terms and Conditions Motorola Solutions Inc.("Motorola") and the customer named in this Agreement("Customer") hereby agree as follows: Section 1. APPLICABILITY These Maintenance Service Terms and Conditions apply to service contracts whereby Motorola will provide to Customer either(1) maintenance, support, or other services under a Motorola Service Agreement, or(2) installation services under a Motorola Installation Agreement. Section 2. DEFINITIONS AND INTERPRETATION 2.1. "Agreement" means these Maintenance Service Terms and Conditions; the cover page for the Service Agreement or the Installation Agreement, as applicable; and any other attachments, all of which are incorporated herein by this reference. In interpreting this Agreement and resolving any ambiguities, these Maintenance Service Terms and Conditions take precedence over any cover page, and the cover page takes precedence over any attachments, unless the cover page or attachment states otherwise. 2.2. "Equipment" means the equipment that is specified in the attachments or is subsequently added to this Agreement. 2.3. "Services" means those installation, maintenance, support, training, and other services described in this Agreement. Section 3.ACCEPTANCE Customer accepts these Maintenance Service Terms and Conditions and agrees to pay the prices set forth in the Agreement. This Agreement becomes binding only when accepted in writing by Motorola. The term of this Agreement begins on the "Start Date" indicated in this Agreement. Section 4. SCOPE OF SERVICES 4.1. Motorola will provide the Services described in this Agreement or in a more detailed statement of work or other document attached to this Agreement. At Customer's request, Motorola may also provide additional services at Motorola' s then-applicable rates for the services. 4.2. If Motorola is providing Services for Equipment, Motorola parts or parts of equal quality will be used; the Equipment will be serviced at levels set forth in the manufacturer's product manuals; and routine service procedures that are prescribed by Motorola will be followed. 4.3. If Customer purchases from Motorola additional equipment that becomes part of the same system as the initial Equipment, the additional equipment may be added to this Agreement and will be billed at the applicable rates after the warranty for that additional equipment expires. 4.4. All Equipment must be in good working order on the Start Date or when additional equipment is added to the Agreement. Upon reasonable request by Motorola, Customer will provide a complete serial and model number list of the Equipment. Customer must promptly notify Motorola in writing when any Equipment is lost, damaged, stolen or taken out of service. Customer's obligation to pay Service fees for this Equipment will terminate at the end of the month in which Motorola receives the written notice. 4.5. Customer must specifically identify any Equipment that is labeled intrinsically safe for use in hazardous environments. 4.6. If Equipment cannot, in Motorola's reasonable opinion, be properly or economically serviced for any reason, Motorola may modify the scope of Services related to that Equipment; remove that Equipment from the Agreement; or increase the price to Service that Equipment. 4.7. Customer must promptly notify Motorola of any Equipment failure. Motorola will respond to Customer's notification in a manner consistent with the level of Service purchased as indicated in this Agreement. Section 5. EXCLUDED SERVICES 5.1. Service excludes the repair or replacement of Equipment that has become defective or damaged from use in other than the normal, customary, intended, and authorized manner; use not in compliance with applicable industry standards; excessive wear and tear; or accident, liquids, power surges, neglect, acts of God or other force majeure events. 5.2. Unless specifically included in this Agreement, Service excludes items that are consumed in the normal operation of the Equipment, such as batteries or magnetic tapes.; upgrading or reprogramming Equipment; accessories, belt clips, battery chargers, custom or special products, modified units, or software; and repair or maintenance of any transmission line, antenna, microwave equipment, tower or tower lighting, duplexer, combiner, or multicoupler. Motorola has no obligations for any transmission medium, such as telephone lines, computer networks, the internet or the worldwide web, or for Equipment malfunction caused by the transmission medium. Section 6. TIME AND PLACE OF SERVICE Service will be provided at the location specified in this Agreement. When Motorola performs service at Customers location, Customer will provide Motorola, at no charge, a non-hazardous work environment with adequate shelter, heat, light, and power and with full and free access to the Equipment. Waivers of liability from Motorola or its subcontractors will not be imposed as a site access requirement. Customer will provide all information pertaining to the hardware and software elements of any system with which the Equipment is interfacing so that Motorola may perform its Services. Unless otherwise stated in this Agreement, the hours of Service will be 8:30 a.m. to 4:30 p.m., local time, excluding weekends and holidays. Unless otherwise stated in this Agreement, the price for the Services exclude any charges or expenses associated with helicopter or other unusual access requirements; if these charges or expenses are reasonably incurred by Motorola in rendering the Services, Customer agrees to reimburse Motorola for those charges and expenses. Section 7. CUSTOMER CONTACT Customer will provide Motorola with designated points of contact (list of names and phone numbers)that will be available twenty-four(24) hours per day, seven (7)days per week, and an escalation procedure to enable Customer's personnel to maintain contact, as needed, with Motorola. Section 8. PAYMENT Unless alternative payment terms are stated in this Agreement, Motorola will invoice Customer in advance for each payment period. All other charges will be billed monthly, and Customer must pay each invoice in U.S. dollars within twenty (20) days of the invoice date. Customer will reimburse Motorola for all property taxes, sales and use taxes, excise taxes, and other taxes or assessments that are levied as a result of Services rendered under this Agreement (except income, profit, and franchise taxes of Motorola) by any governmental entity. Section 9.WARRANTY Motorola warrants that its Services under this Agreement will be free of defects in materials and workmanship for a period of ninety (90) days from the date the performance of the Services are completed. In the event of a breach of this warranty, Customers sole remedy is to require Motorola to re-perform the non-conforming Service or to refund, on a pro-rata basis, the fees paid for the non-conforming Service. MOTOROLA DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Section 10. DEFAULT/TERMINATION 10.1. If either party defaults in the performance of this Agreement, the other party will give to the non-performing party a written and detailed notice of the default. The non-performing party will have thirty(30) days thereafter to provide a written plan to cure the default that is acceptable to the other party and begin implementing the cure plan immediately after plan approval. If the non-performing party fails to provide or implement the cure plan, then the injured party, in addition to any other rights available to it under law, may immediately terminate this Agreement effective upon giving a written notice of termination to the defaulting party. 10.2. Any termination of this Agreement will not relieve either party of obligations previously incurred pursuant to this Agreement, including payments which may be due and owing at the time of termination. All sums owed by Customer to Motorola will become due and payable immediately upon termination of this Agreement. Upon the effective date of termination, Motorola will have no further obligation to provide Services. Section 11. LIMITATION OF LIABILITY SEE ADDENDUM A Section 12. EXCLUSIVE TERMS AND CONDITIONS 12.1. This Agreement supersedes all prior and concurrent agreements and understandings between the parties, whether written or oral, related to the Services, and there are no agreements or representations concerning the subject matter of this Agreement except for those expressed herein. The Agreement may not be amended or modified except by a written agreement signed by authorized representatives of both parties. 12.2. Customer agrees to reference this Agreement on any purchase order issued in furtherance of this Agreement, however, an omission of the reference to this Agreement will not affect its applicability. In no event will either party be bound by any terms contained in a Customer purchase order, acknowledgement, or other writings unless: the purchase order, acknowledgement, or other writing specifically refers to this Agreement; clearly indicate the intention of both parties to override and modify this Agreement; and the purchase order, acknowledgement, or other writing is signed by authorized representatives of both parties. Section 13. PROPRIETARY INFORMATION; CONFIDENTIALITY; INTELLECTUAL PROPERTY RIGHTS 13.1. Any information or data in the form of specifications, drawings, reprints, technical information or otherwise furnished to Customer under this Agreement will remain Motorolas property, will be deemed proprietary, will be kept confidential, and will be promptly returned at Motorola's request. Customer may not disclose, without Motorola's written permission or as required by law, any confidential information or data to any person, or use confidential information or data for any purpose other than performing its obligations under this Agreement. The obligations set forth in this Section survive the expiration or termination of this Agreement. Motorola's specifications, drawings, reprints and technical information shall be deemed trade secrets under the Minnesota Data Practices Act and non-public data. As to other data, the provisions of Section 29 b. apply. 13.2. Unless otherwise agreed in writing, no commercial or technical information disclosed in any manner or at any time by Customer to Motorola will be deemed secret or confidential. Motorola will have no obligation to provide Customer with access to its confidential and proprietary information, including cost and pricing data. 13.3. This Agreement does not grant directly or by implication, estoppel, or otherwise, any ownership right or license under any Motorola patent, copyright, trade secret, or other intellectual property, including any intellectual property created as a result of or related to the Equipment sold or Services performed under this Agreement. Section 14. FCC LICENSES AND OTHER AUTHORIZATIONS Customer is solely responsible for obtaining licenses or other authorizations required by the Federal Communications Commission or any other federal, state, or local government agency and for complying with all rules and regulations required by governmental agencies. Neither Motorola nor any of its employees is an agent or representative of Customer in any governmental matters. Section 15. COVENANT NOT TO EMPLOY During the term of this Agreement and continuing for a period of two (2)years thereafter, Customer will not hire, engage on contract, solicit the employment of, or recommend employment to any third party of any employee of Motorola or its subcontractors without the prior written authorization of Motorola. This provision applies only to those employees of Motorola or its subcontractors who are responsible for rendering services under this Agreement. If this provision is found to be overly broad under applicable law, it will be modified as necessary to conform to applicable law. Section 16. MATERIALS, TOOLS AND EQUIPMENT All tools, equipment, dies, gauges, models, drawings or other materials paid for or furnished by Motorola for the purpose of this Agreement will be and remain the sole property of Motorola. Customer will safeguard all such property while it is in Customers custody or control, be liable for any loss or damage to this property, and return it to Motorola upon request. This property will be held by Customer for Motorola's use without charge and may be removed from Customers premises by Motorola at any time without restriction. Section 17. GENERAL TERMS 17.1. If any court renders any portion of this Agreement unenforceable, the remaining terms will continue in full force and effect. 17.2. This Agreement and the rights and duties of the parties will be interpreted in accordance with the laws of the State in which the Services are performed. 17.3. Failure to exercise any right will not operate as a waiver of that right, power, or privilege. 17.4. Neither party is liable for delays or lack of performance resulting from any causes that are beyond that partys reasonable control, such as strikes, material shortages, or acts of God. 17.5. Motorola may subcontract any of the work, but subcontracting will not relieve Motorola of its duties under this Agreement. 17.6. Except as provided herein, neither Party may assign this Agreement or any of its rights or obligations hereunder without the prior written consent of the other Party, which consent will not be unreasonably withheld. Any attempted assignment, delegation, or transfer without the necessary consent will be void. Notwithstanding the foregoing, Motorola may assign this Agreement to any of its affiliates or its right to receive payment without the prior consent of Customer. In addition, in the event Motorola separates one or more of its businesses (each a "Separated Business"), whether by way of a sale, establishment of a joint venture, spin-off or otherwise (each a "Separation Event"), Motorola may, without the prior written consent of the other Party and at no additional cost to Motorola, assign this Agreement such that it will continue to benefit the Separated Business and its affiliates (and Motorola and its affiliates, to the extent applicable)following the Separation Event. 17.7. THIS AGREEMENT WILL RENEW, FOR AN ADDITIONAL ONE (1)YEAR TERM, ON EVERY ANNIVERSARY OF THE START DATE UNLESS EITHER THE COVER PAGE SPECIFICALLY STATES A TERMINATION DATE OR ONE PARTY NOTIFIES THE OTHER IN WRITING OF ITS INTENTION TO DISCONTINUE THE AGREEMENT NOT LESS THAN THIRTY (30) DAYS OF THAT ANNIVERSARY DATE. At the anniversary date, Motorola may adjust the price of the Services to reflect its current rates. 17.8. If Motorola provides Services after the termination or expiration of this Agreement, the terms and conditions in effect at the time of the termination or expiration will apply to those Services and Customer agrees to pay for those services on a time and materials basis at Motorolas then effective hourly rates. 17.9 This Agreement may be executed in one or more counterparts, all of which shall be considered part of the Agreement. The parties may execute this Agreement in writing, or by electronic signature, and any such electronic signature shall have the same legal effect as a handwritten signature for the purposes of validity, enforceability and admissibility. In addition, an electronic signature, a true and correct facsimile copy or computer image of this Agreement shall be treated as and shall have the same effect as an original signed copy of this document. SEE ADDENDUM A FOR ADDITIONAL TERMS. ADDENDUM A CONTRACT NUMBER USC000008396 Section 11. Limitation of Liability is amended in its entirety as follows: Except for personal injury or death, Motorola's total liability to Owner, whether for breach of contract, warranty, negligence, strict liability in tort, indemnification, or otherwise, is limited to direct damages recoverable under law but not to exceed the Contract Price. Motorola shall not be liable to Owner for any loss of use, loss of time, inconvenience, commercial loss, lost profits or savings, or other special, incidental or consequential damages related to or arising from this Agreement, the sale or use of the Equipment, or the performance of services by Motorola pursuant to this Agreement. Notwithstanding the preceding sentence, Owner may recover from Motorola incidental damages resulting from Motorola's breach for expenses reasonably incurred in inspection, receipt, crating, packaging, transportation, recovery of Goods, and care and custody of Goods rightfully rejected, but such incidental damages shall not exceed $50,000. No action for contract breach or otherwise relating to the transactions contemplated by this Agreement may be brought more than one (1) year after the accrual of the cause of action, except for money due upon an open account. This limitation of liability will survive the expiration or termination of this Agreement and applies notwithstanding any contrary provision. Section 18. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. Section 19. 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 Agreement and entitle the City to immediately terminate this Agreement. Section 20. 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. Section 21. 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. Section 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 Agreement 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 Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. Section 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. Section 24. Non-Discrimination. During the performance of this Agreement, 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. Section 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. Section 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. Section 27. Services Not Provided For. No claim for services furnished by the Contractor not specifically provided for herein shall be honored by the City. Section 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. Section 29. Statutory Provisions. a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the Contractor 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 Contractor 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 Contractor 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 Contractor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Contractor in relation to this Agreement shall contain similar Data Practices Act compliance language. Section 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. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar October 16, 2018 DEPARTMENT/DIVISION: ITEM DESCRIPTION: #18- ITEM NO.: Carter Schulze Authorize reimbursement of$27,240.00 VIII.G. Public Works/Engineering to the City of Minnetonka for the City of Eden Prairie's share of the County Road 62 Flashing Yellow Arrow Conversion Project Requested Action Move to: Authorize reimbursement of$27,240.00 to the City of Minnetonka for the City of Eden Prairie's share of the County Road 62 Flashing Yellow Arrow Conversion Project. Synopsis Hennepin County has agreed to convert four left turn traffic signals on County Road 62 west of Baker Road to Chatham Way to Flashing Yellow Arrow left turns. The conversion will allow permissive left turns to occur at the intersections. In order for the project to move forward the City of Eden Prairie is responsible for a portion of the material costs of the conversion which are estimated at approximately$27,240.00 Background Information Since 2011, Hennepin County and the City have partnered on similar Flashing Yellow Arrow Conversion projects including the following list: • CR 1 (Pioneer Trail)/Franlo Road • CR 1 (Pioneer Trail)/Bennett Place • CR 1 (Pioneer Trail)/Homeward Hills Road • CR 1 (Pioneer Trail)/ Staring Lake Parkway • CR 1 (Pioneer Trail)/Mitchell Road • CR 1 (Pioneer Trail)/CR 4 (Eden Prairie Road) • CR 39 (Valley View Rd) /Market Place Drive With this project, the City of Minnetonka has taken the lead role and will purchase the equipment needed for the conversion and Hennepin County will install the equipment with their maintenance forces. Since this roadway is on the border of Minnetonka and Eden Prairie, the Cities agreed to share in the equipment costs proportionally. The City of Eden Prairie's portion, which includes two of the four traffic signal cabinets, is approximately$27,240.00, which will be reimbursed to the City of Minnetonka upon receipt of an invoice. All four of the signal systems to be converted are owned and operated by Hennepin County. Flashing Yellow Arrow left turn indications provide more flexibility in how left turns are operated and have been shown to be better understood by the driving public than traditional yield on green indications. Both MnDOT and Hennepin County have adopted the Flashing Yellow Arrow as their standard for left turn signals. Finances The anticipated cost of the project to the City is approximately $27,240.00. The project costs will be paid from the Transportation Fund. Attachment Flashing Yellow Arrow Brochure D4�NN .ES07 a F ' �Qp OF TR P" rC- A safer, more efficient 4111 1 <-4,- left-turn A safer, more efficient r signal • left-turn signal • Safer A national study demonstrated that drivers found lir flashing yellow left-turn arrows more understand- able than traditional yield-on-green indications (individual traffic signal lights). Less delay There are more opportunities to make a left turn with the flashing yellow left-turn arrow than with Minnesota Department of Transportation the traditional three-arrow, red, yellow and green Office of Traffic, Safety and Technology indications. 1500 West County Road B2 Roseville, MN 55113 More flexibility Jerry Kotzenmacher The new traffic signals provide traffic engineers Phone: 651-234-7054 with more options to handle variable traffic volumes.. E-mail: jerry.kotzenmacher@state.mn.us ® 000 © eo What the arrows mean Flashing yellow arrow benefits A flashing yellow arrow signal has the same Solid red arrow: meaning it always has: left turns may proceed f Drivers intending to turn left with caution after yielding to oncoming traffic. 0 must stop and wait. They should not enter an intersection to turn when a solid red arrow is being In the past, flashing yellow arrows in Minnesota Mil= displayed. were only used when the entire traffic signal was A better left- in flash-mode. Use of the flashing yellow arrow turn signal Solid yellow arrow: has been shown to have several benefits includ ( - The left-turn signal is about to ing minimizing delays and enhancing safety by / Flashing yellow arrow change to red and drivers reducing driver errors. Flashing yellow arrow / • signals have been shown should prepare to stop or signals have been approved for widespread use prepare to complete a left turn g pp p • to help drivers make if they are legally within the by the Federal Highway Administration.. •;•rAlikl •"" fewer mistakes. They keep intersection and there is no motorists safer during conflicting traffic present. Where will the flashing yellow heavy traffic and reduce arrow be used? 0 delays when traffic is light. Flashing yellow arrow: vJ Drivers are allowed to turn left The majority of newly installed MnDOT traffic after yielding to all oncoming signals will have the flashing yellow arrow option. ••.• traffic and to any pedestrians in The flashing yellow arrow may be used at any • . the crosswalk. Oncoming traffic intersection at any time but the most typical use has a green light. Drivers must will be at intersections and times-of-day that r/�1 wait for a safe gap in oncoming have lower volumes, lower speeds and other traffic before turning. favorable conditions. u Solid green arrow: 0 Left turns have the right of way. Oncoming traffic has a red light. #ON3z ?stwatiin...0No' 1 oiMitt CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar October 16, 2018 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. #16-5944 ITEM NO.: Subrecipient Grant Agreement for the Town Robert Ellis/Public Works VIII.H. Center Station and Eden Road Extension Project Requested Action Move to: Approved Subrecipient Grant Agreement for the Town Center Station and Eden Road Extension project. Synopsis The City of Eden Prairie received a Congestion Management and Air Quality(CMAQ) grant from the Federal Transit Administration for the construction of the Town Center Station and Eden Road Extension. The Subrecipient Grant Agreement outlines FTA grant program rules and requirements for construction cost reimbursement. Background Information The Town Center Station is a critical component to the future development of the city's Town Center area. Town Center is envisioned to be a rich mix of housing, retail, commercial, and other transit oriented development. In 2016, the overall SWLRT project cost estimate was higher than local funding partners were able to commit. This resulted in a cost cutting exercise to de-scope items from the project so that overall costs could fit within budget. One of the items removed from the project was Town Center Station. When the Town Center Station was de-scoped from the SWLRT project, the city continued design efforts by executing an agreement with the Project Office to prepare final plans for construction(approximately$300,000). Now that the CMAQ grant has been awarded, we are in a position to add this station back into the overall SWLRT project thereby avoiding interruptions to service when the line is operational, and avoiding the added cost of constructing it separately from the SWLRT project. The estimated cost to construct the Town Center Station is $7,676,950. The CMAQ grant will cover up to $6,141,560, or 80%, of the Town Center Station's actual construction costs, whichever comes first. The Town Center Station's remaining construction costs, estimated at $1,535,390, must be funded from other nonfederal sources. The city is continuing to negotiate with our local SWLRT funding partners to share in these costs. It would be our intention to secure the full local match through those negotiations or other grant opportunities. Attachment Subrecipient Grant Agreement Subrecipient Agreement Between the Metropolitan Council and the City of Eden Prairie Eden Prairie Town Center Station — METRO Green Line Light Rail Transit Extension Federal Congestion Mitigation Air Quality (CMAQ) Funding Subrecipient Name: City of Eden Prairie SG-year-2018 Subrecipient DUNS: 010488260 Subrecipient Award $7,676,950.00 Grant Project: Eden Prairie Town Center Station Project— METRO Green Line LRT Extension (the "Grant Project") has two components: Grant Project Part A: Construction of a light rail transit station and station access ("EPIC Station"), includes a platform with seating and weather protection for transit riders, lighting and security cameras, and transit systems equipment for communications, signals, controls and fare collection. Grant Project Part A also includes constructing an approximately 800' extension of Eden Road for access to the station. The roadway extension includes: utilities, sidewalks, landscape, lighting, wayfinding and bike facilities and new pedestrian access to the Eden Road extension/EPTC Station. Retaining walls are also included as they are needed to accommodate the Eden Road extension and pedestrian access. The budget for Grant Project Part A is $7,276,950. The Council shall construct and perform the EPTC Station and station access ("Grant Project Part A") as part of the Southwest Light Rail Transit METRO Green Line Extension Project ("METRO Green Line Extension Project"). Grant Project Part B: The acquisition of right-of-way needed for pedestrian access to the EPTC Station and for the extension of Eden Road ("Grant Project Part B"). The budget for Grant Project Part B is $400,000 ("Approved Budget"). Subcecipient will perform the Grant Project Part B. Grant Project is a research project. No Grant Project costs include indirect costs. No Indirect Cost Rate over De minimis rate of 10% n/a Subrecipient Agreement Effective Date: October 16, 2018 Grant Project Activity Period: October 16, 2018-December 31, 2023 1 Federal Awarding Agency: Federal Transit Administration Total Federal Award: $6,141,560 Federal Award Name & Date of Award: MN-2018-012 on 9/5/2018 FAIN Number: MN-2018- 012 CFDA Name: Federal Transit—Capital Investment Grants CFDA Number: 20.500 Federal Award Description: Must comply with Federal Funding & Transparency Act The EPTC Station will serve the area's most transit-dependent population including senior citizens and low-income residents. Several assisted living facilities are located near the EPTC Station. Furthermore, approximately 1,057 housing units are located within a half-mile of the station of which 44% are occupied by low-income households earning 60% below the area median income. The close proximity of the EPTC Station to employment and commercial centers will serve as an important node along the METRO Green Line Extension Project alignment.The EPTC Station is appropriately sited in a dense area consisting of retail, restaurants, multi-family housing and office uses. The EPTC Station will be located on Eden Road adjacent to the Emerson Process Management building which employs over 1,000 people. Additionally, approximately 15,793 employees are located within 1/2 mile of the EPIC Station. Ridership at the EPTC Station is anticipated at approximately 550 daily weekday boardings. Council Action: (insert date and business item numbers) Council Project Manager: Sarah Ghandour Subrecipient Project Manager: Robert Ellis, P.E. AGREEMENT THIS AGREEMENT is made and entered into by and between the Metropolitan Council ("Council") and the City of Eden Prairie ("Subrecipient") each acting by and through its duly authorized officers. RECITALS 1. The Council acting as the Twin Cities Metropolitan Planning Organization receives and disburses federal funds for eligible transit and transportation purposes in the Minneapolis-Saint Paul metropolitan area. 2. The Council applied for federal assistance, which included the Subrecipient's Grant Project outlined above. The Grant Project has two components: the construction of the EPIC Station (Grant Project Part A); and the acquisition of right-of-way needed for a 2 pedestrian access to the EPTC Station and for the extension of Eden Road (Grant Project Part B). 3. The Council received federal Congestion Mitigation Air Quality grant funds on behalf of the Subrecipient's request from the FTA pursuant to the federal award number(identified on Page 1 of this Agreement) in an amount of$6,141,560.00. 4. The Council will allocate the $6,141,560.00 grant funds to the Subrecipient for the Grant Project. 5. The Subrecipient will provide $1,535,390.00 as the required local match for the $6,141.560.00 in grant funds as authorized in Council Business Item No. 2018-93. The Grant Project funds total $7,676,950.00 and comprise the Subrecipient's $1,535,390.00 local match and the $6,141,560.00 in grant funds. 6. Subrecipient will assign to the Council all of its right, title and interests in and to the grant funds for the completion of Grant Project Part A. The Council accepts the assignment and assumes all of the covenants, terms, conditions, agreements and obligations for the completion of Grant Project Part A provided that Subrecipient is required to pay the local share for Grant Project Part A and pay for any cost overruns. 7. The Council's construction contractor(s) for its METRO Green Line Extension Project, will construct the Grant Project Part A and Subrecipeint agrees to allow the Council to withdraw the grant funds as needed for payment of the Council's contractor invoices related to the construction of the Grant Project Part A. 8. The Subrecipient is responsible for completion of the Grant Project Part B, which is included in the Approved Budget. 9. This Agreement is intended to memorialize the terms governing: (a) the Subrecipient's receipt and expenditure of the grant funds; (b) the amount and responsibility of the local match; and (c) how grant funds and local match funds will be used to reimburse the Council for the Grant Project Part A construction costs. NOW THEREFORE, the Council and the Subrecipient agree as follows: GRANT PROJECT PART B; APPROVED BUDGET, AND MATERIAL REPRESENTATIONS 1.01 Grant Project Part B. The Subrecipient shall perform the Work Scope for Grant Project Part B in a satisfactory and proper manner in accordance with the proposed schedule and the terms and conditions of this Agreement. All Grant Project Part B activities must be consistent with the approved Work Scope and the Approved Budget and outlined in Section 1.02 below. Any proposed change in the Grant Project Part B must be submitted to the Council's Project Manager for written approval. A change in the Grant Project Part B is not effective until the Subrecipient receives written approval from the Council's Project Manager. 3 1.02 Approved Budget. The Approved Budget details the cost associated with the Work Scope activity. Re-budgeting of Grant Project Part B funds requires prior written approval of the Council's Project Manager. Notwithstanding the aggregate or net effect of any re- budgeting,the Council's obligation to provide grant funds under this Agreement shall not exceed the Maximum Federal Grant Amount, as that term is defined in Section 3.02 herein. 1.03 Material Representations. The Subrecipient agrees that all representations contained in its application for grant assistance are material representations of fact upon which the Council relied in awarding this grant and are incorporated by reference into this Agreement. II. AUTHORIZED USE OF GRANT AND LOCAL MATCHING FUNDS; ELIGIBILITY OF COSTS 2.01 SUBRECIPIENT AUTHORIZED USE OF GRANT AND MATCHING FUNDS. The Subrecipient is only authorized to use the federal grant funds awarded under this Agreement for the non-local share portion of Grant Project Part B during the Project Activity Period, as that term is defined in Section 6.01 herein, and in accordance with the Approved Budget. The Subrecipient is required to pay the entire local share amount for both Grant Project Part A and Grant Project Part B. The Council will invoice the Subrecipient for the local match share of Grant Project Part A and the Subrecipient will pay the invoiced amounts in accordance with Section 3.041. 2.02 COUNCIL USE OF GRANT FUNDS AND MATCHING FUNDS The Council's contractor(s) for its METRO Green Line Extension Project will construct the Grant Project Part A. The Council's contract(s) will be FTA-compliant. The EPTC Station will be owned, operated, and maintained by the Council as part of its METRO Green Line Extension Project. Subrecipient assigns to the Council all of its right, title and interests in and to the grant funds for the completion of the Grant Project Part A. The Council accepts the assignment and assumes all of the covenants, terms, conditions, agreements and obligations for the completion of Grant Project Part A provided that Subrecipient is required to pay the local share for Grant Project Part A and pay for any cost overruns. The Council is authorized to withdraw the grant funds as needed for expenses paid on the contractor's invoices related to the Grant Project Part A construction. The Council will invoice the Subrecipient for the local match share of the invoiced amounts and the Subrecipient will pay the invoiced amounts in accordance with Section 3.041. 2.03 Eligibility of Costs. All expenses are subject to FTA regulations including: • FTA Master Agreement(Fiscal Year 2014 FTA MA(24) (Oct. 1, 2017) (https://www.transit.dot.gov/sites/fta.dot.gov/files/docs/funding/grantee- resources/sample-fta-agreements/114766/fta-master-agreement-fy2018.pdf) 4 • Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 C.F.R. Parts 200 and 1201 (Jan. 1, 2018) (https://www.gpo.gov) • Award Management Requirements, FTA Circular 5010.1E (Rev. 2, July 16, 2018) (https://www.transit.dot.gov/regulations-and-guidance/fta-circulars/award- management-requirements-circular-50101e) • Third Party Contracting Guidance, FTA Circular 4220.1F(Rev. 4, Mar. 18, 2013) (https://www.transit.dot.gov/sites/fta.dot.gov/files/docs/Third%20Party%20Contrac ting%20Guidance%20%28Circular%204220.1F%29.pdf) The Subrecipient acknowledges that the federal requirements in this article and throughout this Agreement are subject to change and agrees that the most recent of these requirements shall govern this Agreement at any particular time. III. AWARD AMOUNT, MATCH, AND PAYMENT 3.01 Estimated Grant Project Amount. The total estimated cost of the Grant Project is $7,676,950 consisting of the Maximum Federal Grant Amount and the Subrecipient's required local match as set forth below. 3.02 Maximum Federal Grant Amount. The Council awards to the Subrecipient a grant of up to $6,141,560.00 for the Grant Project. In no event will the Council's obligation under this Agreement exceed the lesser of the following: (a) the Maximum Federal Grant Amount; or (b) 80% of the final Grant Project cost if the final cost of the Grant Project is less than the Estimated Grant Project Amount. 3.03 Subrecipient Match. The Subrecipient must provide at least a 20% local match against the Maximum Federal Grant Amount, i.e., not less than $1,535,390, from sources other than federal funds. If the final cost of the Grant Project is less than the Estimated Grant Project Amount, the local match shall be reduced to 20% of the final cost of the Project. If the final cost of the Grant Project exceeds the Estimated Grant Project Amount,the Subrecipient is responsible for providing funds to cover 100% of the amount by which the final costs and expenses of the Grant Project exceed the Estimated Grant Project Amount. 3.04 Reimbursement to Subrecipient. The Council will reimburse the Subrecipient for the Subrecipient's non-local match share of the Grant Project Part B based on submission of quarterly invoices from the Subrecipient using the form attached as Exhibit A ("Subrecipient Invoice Form"). Invoices should be submitted on the approved form with the following attachments on each copy: A. Copies of all receipts for expenses paid during the invoice period; and B. A monthly DBE report for each third-party contract (for which DBE reporting is required) using a reporting form provided by the Council. 5 C. A signed certification that the Subrecipient is providing the local match for the invoiced expenditures, identifying the source and amount of the local funds. The Subrecipient shall submit any additional information requested by the Council to support the Subrecipient's reimbursement request and shall submit any additional information that may be required by the federal government for reporting to the FTA. Within 30 days after the Council's receipt of an approved Subrecipient reimbursement request,the Council will disburse the approved reimbursement amount to the Subrecipient. The Council may deny part or all of any reimbursement request if it believes an expenditure is not an eligible or supportable Grant Project expense. If the Council denies part or all of a reimbursement request the Subrecipient may supplement its reimbursement request. If the Subrecipient's supplementation addresses the Council's reasons for denying all or part of a request the Council will pay the Subrecipient the eligible expense(s) within 30 days. No reimbursement will be made which would cause the disbursement of grant funds to exceed, through such payment(s), the Maximum Federal Grant Amount stated in Section 3.02. The Council may withhold payment(s) if the Subrecipient is not current in its reporting requirements under Article V. Disbursement of any funds or approval of any report shall not constitute a waiver by the Council of any Subrecipient noncompliance with this Agreement. 3.041 Withdrawal of Grant Funds by Council; Reimbursement to Council. The Subrecipient and the Council agree that rather than disbursing grant funds to the Subrecipient which the Subrecipient would disburse back to the Council for Grant Project Part A construction costs, the Council will directly withdraw grant funds to reimburse the Council's METRO Green Line Extension Project contractors for the Grant Project Part A construction costs. The Council will: A. Be responsible for monitoring and reporting its contractor's compliance with applicable DBE, Davis-Bacon, prompt payment, and other federal contracting requirements. B. Withdraw grant funds on an as-needed basis to cover the 80% federal share of the Grant Project Part A construction costs. C. Invoice the Subrecipient on a monthly basis for the 20% local share of the Grant Project Part A construction costs, which will include a 3% administrative fee. The Subrecipient will pay the Council the invoiced amount within 30 days after receipt of a Council invoice so the Council make timely payment to its contractor pursuant to the terms of the construction contract. D. Provide the Subrecipient with quarterly reports on the Council's withdrawal of grant funds and Council reimbursement payments to its contractor. 6 If requested by the Subrecipient, the Council will make the contractor's invoices and payment requests, and federal reporting documents available to the Subrecipient for inspection and copying. 3.05 Repayment of Unauthorized Use of Grant Funds. Upon a finding by the Council that the Subrecipient has made an unauthorized or undocumented use of grant funds, and upon a demand for repayment by the Council,the Subrecipient agrees to promptly repay such amounts to the Council. 3.06 Reversion of Unexpected Grant Funds. All funds granted by the Council under this Agreement that have not been expended by the Subrecipient for the Grant Project Part B activities taking place during the Project Activity Period, as that term is defined in Section 6.01, shall revert back to the Council. All local match funds disbursed to the Council under this Agreement that have not been expended by the Council for the Grant Project Part A construction during the Project Activity Period shall revert back to the Subrecipient. 3.07 Grant Contingent on Federal Funding.The Subrecipient acknowledges and agrees that the Council's payment of funds under this Agreement is contingent on the Council receiving grant funds from the FTA. If, for any reason, the FTA reduces the amount of the Council's FTA grant, or otherwise fails to pay any part of the cost or expense of the Project in this Agreement, only outstanding incurred costs shall be eligible for reimbursement. The Subrecipient and its contractors and subcontractors further agree to pay any and all lawful claims arising out of or incidental to the performance of the Grant Project covered by this Agreement if the FTA does not pay the same and, in all events, agree to hold the Council harmless from those claims and from any claims arising out of this Agreement. If the FTA rescinds grant funding for the Grant Project, the Council or Subrecipient may immediately terminate this Agreement by written notice to the other party pursuant to Section 6.03. IV. ACCOUNTING AND RECORDKEEPING REQUIREMENTS 4.01 Documentation of Project Costs. All costs charged to the Grant Project, whether paid with grant funds or charged as the Subrecipient's match, must be supported by proper documentation evidencing in detail the nature and propriety of the charges, including properly executed payrolls, progress reporting or time records, invoices, contracts, receipts for expenses or vouchers. 4.02 Establishment and Maintenance of Project Information. The Subrecipient and the Council will establish and maintain accurate, detailed, and complete separate books, accounts, financial records, documentation, and other evidence relating to: (a) their respective performance under this Agreement, and (b)to the receipt and expenditure of all grant funds and the Subrecipient's match under this Agreement. These documents shall include the property records required by Article VIII of this Agreement.The Subrecipient and the Council shall establish and maintain all such information in accordance with generally accepted accounting principles and practices and shall retain intact all Project information until the latest of: 7 A. Six (6) years following the Term or termination of this Agreement; or B. If any litigation, claim, or audit is commenced during either such period, when all such litigation, claims, or audits have been resolved. 4.03 Audit. The accounts and records of the Subrecipient and the Council relating to the Project shall be audited in the same manner as all other accounts and records of the Subrecipient and the Council are audited. During the time of maintenance of information under Section 4.02, authorized representatives of the Subrecipient or the Council, the Legislative Auditor, and/or State Auditor in accordance with Minnesota Statutes, section 16C.05 subdivision 5, the United States Secretary of Transportation, the FTA Administrator, and the Unites States Comptroller General will have access to all such books, records, documents, accounting practices and procedures, and other information for inspection, audit, and copying during normal business hours. The Subrecipient and the Council will provide proper facilities for such access and inspection. V. REPORTING AND MONITORING REQUIREMENTS 5.01 Quarterly Milestone Progress Reports. The Subrecipient and the Council shall submit quarterly milestone progress reports to the other party. The Council shall provide the Subrecipient with an electronic version of the milestone progress report that the Subrecipient must complete. Each quarterly progress report must include both a detailed summary of the completed Grant Project ctivities and a report on the Grant Project schedule. Both the Council and the Subrecipient must approve each quarterly milestone progress report. The quarterly progress reports are due as follows: • January 15 for quarter October 1 —December 31 • April 15 for quarter January 1 — March 31 • July 15 for quarter April 1 —June 30 • October 15 for quarter July 1 —September 30 5.02 Final Reports. Upon completion of the Grant Project and not later than sixty (60) calendar days after the end of the Project Activity Period, the Subrecipient and the Council must submit to the other party a final progress report and a final financial status report of expenditures for their respective components of the Grant Project and containing a final accounting of the grant and matching expenditures.The final reports must include inventories of property acquired during performance of the Grant Project as required by Article VIII of this Agreement. 5.03 Content of Reports; Copies. The Subrecipient and the Council agree to report completely and to provide the other party with any additional or follow-up information as may be requested by the other party. The Subrecipient agrees to provide copies of the reports specified in Sections 5.01 and 5.02 to organizations and individuals upon request during the terms of this Agreement in accordance with the terms of the Minnesota Government Data Practices Act. 8 5.04 Monthly DBE Reporting Requirements. If DBE requirements apply to the Subrecipient's component of the Grant Project the Subrecipient shall provide the Council with monthly reports on all DBE activity (see Section 10.05E) on third party agreements using forms provided by the Council and based on the procurement process established for the subrecipient in the "Federal Procurement Basics" copies of which are available from the Council. 5.05 Other Monitoring Activities. To assist the Council in monitoring compliance with this Agreement, the Subrecipient agrees to meet with the Council as reasonably requested by the Council and to permit site visits by Council staff, during business hours, upon reasonable notice. The Subrecipient agrees to submit to the Council a copy of any promotional information regarding the Grant Project disseminated by the Subrecipient during the terms of this Agreement. 5.06 Changed Conditions. The Subrecipient and the Council will notify the other party immediately of any development that has or will have a significant impact on performance of their respective components of the Grant Project, including, but not limited to any problems, delays,or adverse conditions that materially impair the ability to meet the objectives of the Grant Project in accordance with the terms of this Agreement. The notice shall include a statement of the action taken or contemplated and any assistance needed to resolve the situation. VI. PROJECT ACITIVITY PERIOD; TERM; TERMINATION 6.01 Project Activity Period. The Subrecipient agrees to complete Grant Project Part B during the period from October 16, 2018 to December 31, 2023 ("Project Activity Period"). Except as provided in Section 6.02, grant funds may not be used to reimburse costs for any Grant Project activities taking place before the beginning or after the end of the Project Activity Period. 6.02 Term. The Term of this Agreement shall extend from the Effective Date of this Agreement to a date sixty (60) calendar days following the end of the Project Activity Period to permit close out of this Agreement. If outstanding claims related to work occurring during the Project Activity Period still exist sixty (60) calendar days following the end of the Project Activity Period, the Term of this Agreement shall automatically extend for an additional ninety (90) calendar days to resolve any and all outstanding claims. 6.03 Termination by Council for Convenience. The Council may terminate this Agreement at any time and for any reason by providing the Subrecipient written notice of such termination at least sixty (60) calendar days prior to the effective date of such termination. Upon such termination the Subrecipient shall be entitled to compensation for eligible Grant Project Part B costs which were incurred prior to the effective date of the termination, but not exceeding the Maximum Federal Grant Amount stated in Section 3.02. 6.04 Termination for Noncompliance. If there has been a material failure to comply with the provisions of this Agreement by either party(a "Breach"),the other party may terminate this Agreement at any time following seven (7)calendar days written notice to the party in Breach and upon failure of the party in Breach to cure the noncompliance within the seven-day period. 9 A material failure of the Subrecipient to make reasonable progress toward completion of the Subrecipient's Grant Project Part B without good cause and without providing the notice required by Section 5.06 constitutes a Breach. At the Council's option,the Council may withhold payment of invoices during any period in which the Subrecipient is materially non-compliant with this Agreement. If the Council finds that the Subrecipient's non-compliance is willful and unreasonable,the Council may terminate or rescind this Agreement and require the Subrecipient to repay the grant funds in full or in a portion determined by the Council except that the Subrecipient shall not be required to repay grant funds that the Council has reviewed approved and disbursed except as provided for in Sections 3.05 and 3.06. Nothing in this Agreement shall be construed to limit the Council's or the Subrecipient's legal remedies to recover grant or matching funds in accordance with Sections 3.05 and 3.06. 6.05 Effect of Grant Project Closeout or Termination The Subrecipient agrees that Grant Project closeout or termination of this Agreement does not invalidate continuing obligations imposed on the Subrecipient by this Agreement. Grant Project closeout or termination of this Agreement does not alter the Council's authority to disallow costs and recover grant funds on the basis of a later audit or other review and does not alter the Subrecipient's obligation to return any funds due to the Council as a result of later refunds, correction, or other transactions. VII. CONTACT PERSONS; PROJECT MANAGER 7.01 Contact Persons. The Authorized contact persons for receipt of notices, reports, invoices, and approvals under this Agreement are the following: The Council: The Subrecipient: Sarah Ghandour Robert Ellis SWLRT Assistant Manager of Design Public Works Director 6465 Wayzata Boulevard Suite 500 8080 Mitchell Road St. Louis Park, Minnesota 55426 Eden Prairie, Minnesota 55344 (612) 373-3852 (952) 949-8310 Robert.Ellis@edenprairie.org or such other person(s) as may be designated in writing for itself by either party. 7.02 Council's Project Manager. The Council's Project Manager for purposes of administration of this Agreement is the contact person listed for the Council in Section 7.01, or such other person(s) as may be designated in writing by the Council's Regional Administrator. However, nothing in this Agreement may be deemed to authorize the Project Manager to execute amendments to this Agreement on behalf of the Council. 10 7.03 Subrecipient's Project Manager.The Subrecipient's Project Manager for purposes of administration of this Agreement is the contact person listed in Section 7.01, or such other person(s) as may be designated in writing by the Subrecipient. Nothing, however, in this Agreement will be deemed to authorize the Subrecipient's Project Manager to execute amendments to this Agreement on behalf of the Subrecipient. VIII. GRANT PROPERTY The title, acquisition, use, management, and disposition of all property acquired or constructed with grant funds under this Agreement shall be governed by applicable federal law, rule, and guidance including, without limitation, the provisions of: • Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 C.F.R. Parts 200 and 1201 (Jan. 1, 2018) (https://www.gpo.gov) • Award Management Requirements, FTA Circular 5010.1E (Rev. 2,July 16, 2018) (https://www.transit.dot.gov/regulations-and-guidance/fta-circulars/award- management-requirements-circular-50101e) The listed documents are incorporated by reference into this Agreement. Copies of these documents are available at the internet websites indicated or, upon request by the Subrecipient, from the Council. IX. GENERAL CONDITIONS 9.01 Amendments. The terms of this Agreement may be changed only by mutual agreement of the parties. Such changes shall be effective only upon the execution of written amendments signed by authorized representatives of the Subrecipient and the Council. 9.02 Assignment Prohibited. The Subrecipient shall not assign, subgrant, sublet, or transfer any Grant Project Part B activities without receiving the express written consent of the Council. The Council may condition such consent on compliance by the Subrecipient with terms and conditions specified by the Council. 9.03 Liability. Each party shall be responsible for its own acts and omissions, the acts and omissions of its employees and the results thereof to the extent authorized by law. The parties expressly agree that they do not contractually waive, and they specifically reserve, any and all limitations on liability or other immunities or defenses available to them by statute or common law. 9.04 Relationship of the Parties. Nothing contained in this Agreement is intended or should be construed in any manner as creating or establishing the relationship of co-partners or a joint venture between the Subrecipient and the Council, nor create third party beneficiary rights against the Council or the Subrecipient, including, but not limited to, the parties' respective contractors or subcontractors. 11 9.05 Additional Insurance. The Council will require its contractors to name the Subrecipient as an additional insured on the contractors' insurance policies. The Subrecipient will require its contractors to name the Council as an additional insured on the contractors' insurance policies. With regard to the Council's and the Subrecipient's contractors, neither the Council nor the Subrecipient waives any immunities or liability limitations conferred on it by any applicable state or federal law, including the immunities and liability limitations conferred on the Council and the Subrecipient by the Municipal Tort Claims Act (Minnesota Statutes Chapter 466) and other laws. 9.06 Grant Project Data. The results of the Grant Project, the reports submitted, and any new information or technology that is developed with the assistance of the federal grant is in the public domain and may not be copyrighted or patented by the Subrecipient or the Council. The Subrecipient and the Council shall comply with the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13, in administering government data under this Agreement. 9.07 Nondiscrimination. The Subrecipient agrees to comply with all applicable laws relating to nondiscrimination and affirmative action. In particular,the Subrecipient agrees not to discriminate against any employee, applicant for employment, or participant in this Grant Project because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, membership or activity in a local civil rights commission, disability, sexual orientation, or age; and further agrees to take action to ensure that applicants and employees are treated equally with respect to all aspects of employment, including selection for training, rates of pay, and other forms of compensation. In undertaking Project activities,the Subrecipient agrees to comply with Minnesota Statutes, section 363A.12, regarding non-discrimination in the provision of public services. 9.08 Acknowledgment. The Subrecipient shall appropriately acknowledge the grant assistance made available by the Council and the FTA under this Agreement in any promotional materials, reports and publications relating to the Grant Project. 9.09 Compliance with Law; Obtaining Permits, Licenses, and Authorizations. The Subrecipient agrees to perform Grant Project Part B in compliance with all applicable provisions of federal, state, and local laws, ordinances, or regulations. The Subrecipient is responsible for obtaining and complying with all federal, state, or local permits, licenses, and authorizations necessary for performing Grant Project Part B. 9.10 Workers Compensation; Tax Withholding. The Subrecipient represents that it is in compliance with the workers compensation coverage requirements of Minnesota Statutes, section 176.181, subdivision 2, and that it, and any of its contractors or material suppliers, if any, under this Agreement, are in compliance with the tax withholding on wages requirements of Minnesota Statutes, section 290.92. 12 9.11 Jurisdiction, Venue, and Applicable Law. Venue for all legal proceedings arising out of this Agreement, or breach of this Agreement, shall be in the state or federal court with competent jurisdiction in Hennepin County, Minnesota. All matters relating to the performance of this Agreement shall be controlled by and determined in accordance with the laws of the State of Minnesota. X. GENERAL FEDERAL REQUIREMENTS 10.01 Federal Requirements. The requirements in this Article X are in addition to and, unless inconsistent and irreconcilable, do not supplant requirements found elsewhere in this Agreement. If any requirement in this article is inconsistent with a provision found elsewhere in this Agreement and is irreconcilable with such provision, the requirement in this article shall prevail. When performing work or expending funds for Grant Project Part B activities, the Subrecipient agrees to comply with all applicable terms and conditions referenced herein. The Subrecipient acknowledges that federal requirements in this Article X are subject to change and agrees that the most recent of these requirements shall govern this Agreement at any particular time. 10.02 Incorporations of Specific Federal Requirements. Specifically, and without limitation,the Subrecipient agrees to comply with the federal requirements set forth in ("Specific Federal Requirements") and agrees to require, unless specifically exempted, sub-recipients (if authorized) and third-party contractors at every tier to comply with the same.The Council agrees to advise the Subrecipient of any relevant changes to these requirements. These requirements include, but are not limited to, the following: Debarment and Suspension. The Subrecipient agrees to comply, and assures the compliance of each subrecipient, lessee, or third-party contractor at any tier, with Executive Orders Nos. 12549 and 12689, "Debarment and Suspension," 31 U.S.C. § 6101 note, and U.S. DOT regulations, "Government wide Debarment and Suspension (Nonprocurement)," 49 C.F.R. Part 29. The Subrecipient agrees to, and assures that its subrecipients, lessees, and third-party contractors will review the "Excluded Parties Listing System" at http://epls.gov/ before entering into any third subagreement, lease or third-party contract. Integrity Certification. By signing this Agreement, the Subrecipient certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this Agreement by any Federal department or agency. This certification is a material representation of fact upon which the Council relies in entering into this Agreement. If it is later determined that the Subrecipient knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government,the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. The Subrecipient shall provide to the Council immediate written notice if at any time the Subrecipient learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 13 Certification of Restrictions on Lobbying; Disclosure. The provisions of this paragraph apply only if the amount of this Agreement (including the value of any amendments thereto) is equal to or exceeds $100,000. The Subrecipient certifies that no federal appropriated funds have been paid or will be paid by or on behalf of the Subrecipient for influencing or attempting to influence an officer or employee of any federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. The certification of this compliance ("Lobbying Restriction Certification") submitted by the Subrecipient in connection with this project is incorporated in, and made a part of, this Agreement. The Subrecipient further certifies that, if any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee or any federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the projects funded by the funds allocated to the Subrecipient in this Agreement, the Subrecipient shall complete and submit to the Council, Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The Subrecipient certifies that it will require the language of this certification be included in the award documents for any subcontracts equal to or in excess of$100,000.00 under this Agreement, and that all subcontractors shall certify and disclose accordingly to the Subrecipient. All certifications and disclosures shall be forwarded to the Council by the Subrecipient. The certifications referred to in this paragraph (including the "Lobbying Restriction Certification" submitted by the Subrecipient in connection with this Project and incorporated in, and made a part of, this Agreement) are material representations of fact upon which the Council relies when this Agreement is made 14 10.03 Federal Certifications and Assurances: Execution and Incorporation. The Subrecipient agrees to comply with and to certify compliance annually with the most current version of the Federal Annual List of Certifications and Assurances for Federal Transit Administration Grants and Cooperative Agreements ("C & A"). The Subrecipient must certify compliance with all applicable provisions by signing the C & A and returning the same to the Council as part of the execution of this Agreement. Also, the Subrecipient must, during the term of this Agreement or the term of any other agreement or subgrant where the Subrecipient has received funds from the FTA, and for the useful life of all assets that have been purchased using federal grant funds: (i) annually execute the most current C & A and return the same to the Council by April 1; and (ii) annually participate in federal compliance training hosted by the Council. 10.04 Compliance with Federal Requirements; Incorporation of Specific Documents by Reference. The Subrecipient agrees to comply with all federal statutes, rules, FTA Circulars, Executive Orders, guidance, and other requirements that may be applicable to this grant. In particular, and without limitation, the Subrecipient agrees to comply with the terms and conditions of the: • FTA Master Agreement(Fiscal Year 2018), FTA MA(24) (Oct. 1, 2017) (https://www.transit.dot.gov/sites/fta.dot.gov/files/docs/funding/grantee- resources/sample-fta-agreements/114766/fta-master-agreement-fy2018.pdf) • Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 C.F.R. Parts 200 and 1201 (Jan. 1, 2018) (https://www.gpo.gov) • Award Management Requirements, FTA Circular 5010.1E (Rev. 2, July 16, 2018) (https://www.transit.dot.gov/regulations-and-guidance/fta-circulars/award- management-requirements-circular-50101e) • Third Party Contracting Guidance, FTA Circular 4220.1F(Rev. Mar. 18, 2013) (https://www.transit.dot.gov/sites/fta.dot.gov/files/docs/Third%20Party%20Contrac ting%20Guidance%20%28Circular%204220.1F%29.pdf) 10.05 Compliance with Federal Procurement Requirements. The Subrecipient will comply with all applicable federal law, rules, and guidance relating to such procurement including, without limitation, the provisions of Third Party Contracting Requirements, FTA Circular 4220.1F, which document is incorporated by reference into this Agreement. A copy of this document is available at the FTA Internet website, www.fta.gov/indicated or, upon request by the Subrecipient, from the Council. The "Federal Procurement Basics" provides the Subrecipient process for procurements under this Agreement. A. Certification of Subrecipient's Procurement System. The Subrecipient certified that its procurement system complies with the standards described in the previous paragraph. 15 B. Council Approval of Contracts. The Subrecipient shall not execute any third-party contract or otherwise enter into a binding agreement until it has first received written approval from the Council's Project Manager. C. Subrecipient Contract Initiation Memo. The Subrecipient shall use the Contract Initiation Memo attached hereto as Exhibit B ("Subrecipient Contract Initiation Memo") for all procurements of $50,000 or more. It is understood, that no procurement shall be split in order to fall beneath this threshold. D. Inclusion of Provisions in Lower Tier Contracts. The Subrecipient agrees to include adequate provisions to ensure compliance with applicable federal requirements in each lower tier third party contract financed in whole or in part with financial assistance under this Agreement including all applicable provisions of this Agreement. E. Disadvantaged Business Enterprise Requirements. For all Part B work performed under this Agreement that is subject to DBE requirements, the Subrecipient will comply with the Council's Disadvantaged Business Enterprise (DBE) Program, a copy of which document is available from the Council. 10.06 No Federal Obligation.This grant is financed by federal funds. However, payments to the Subrecipient will be made by the Council.The United States is not a party to this Agreement and no reference in this Agreement to the United States, USDOT, FTA, or any representatives of the federal government makes the United States a party to this Agreement. The Subrecipient shall include this clause in any contracts or agreements under this Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representatives on the dates set forth below. This Agreement is effective upon final execution by both parties. Metropolitan Council City of Eden Prairie By: By: Wes Kooistra Regional Administrator Its: Date: Date: By: Its: Date: 16 Exhibit A: Subrecipient Invoice Note:Revised 11/23/2015 Supercedes all previous versions Remit to: Invoice# Address: Invoice Date: Dates covered by invoice: Is this the FINAL invoice? Yes No Federal Grant No.: Met Council Contract No.: Grant period: PO#: Attach itemized detail and copies of receipts for all non-recurring expenditures Income Approved Income Income recognized Unrecognized Income Sources budget this period recognized year income to date INCOME Total Income $ - $ - $ - $Approved Budget Expense Approved Budget Expenses incurred Year to Date Balance Category* Amount this period Actual Remaining EXPENSE Total Expenditures $ - $ - $ - $ Local Match(20%) $ - $ - $ - $ Amount of Reimbursement(Federal) $ - $ - $ - $ Amount of Reimbursement: (total expense less match provided by Subrecipient) Certification: I certify the expenditures reflected in this invoice are true and correct and have been made for the purpose of and in accordance with applicable terms and conditions of the award. I have examined the expenditures reflected on this bill and determined that each reflects a reasonable price based on market prices offered by the vendors to the general public. Appropriate documentation to support these authorized expenditures is on file and available for review. These expenditures are not reimbursable from other sources and have not been previously claimed. I further certify the sufficient use of local funds as match for the total expenditures requested. Appropriate documentation to support the use of local funds as match is available for review as required under the terms and conditions of this grant award. (Financial Report to be provided Quarterly) Project Manager Signature: Date: Authorized Signature: Date: *Copies of invoices for all non-recurring expenses should be included as attachments to this invoice. Invoices are submitted in triplicate. Please sign all three. 10/10/2018,Copy of Exhibit A Subrecipient Invoice Form.xls,Invoice Exhibit B Subrecipient Contract Initiation Memo METROPOLITAN COUNCIL Section 1 - Project Information - to be completed by the Project Manager Project Manager: Phone: ( ) - Date: Project Title: Project#: Proposed Services: Estimated Cost: Fiscal Year Amount Fiscal Year Amount Fiscal Year Amount Period of Performance: From To: Subcontracting: Indicate whether or not there as a reasonable opportunity Yes No for subcontracting of this procurement. Project Manager—I have accurately completed the information in Sections 1,2, and 3 of this CIM. If this will be a federally funded purchase,I have completed, dated, and filed an Independent Cost Estimate. Signature Date: Management Approval—I have reviewed the information in Sections 1,2, and 3 and approve the initiation of this contract. Signature Date: Title (To be signed by the Supervisor of the designated Project Manager) Section 2 - Funding - to be completed by the Project Manager with the assistance of Budget/Finance Check one box only: ❑ This contract will be FTA-assisted(complete the Grant Approval section,below). ❑ This contract will be USDOT-assisted by an agency other than FTA(i.e. FAA or FHWA). ❑ This contract will be Minnesota PFA-eligible. ❑ This contract will be funded in whole or in part(even$1)by Minnesota State Dollars through any source. ❑ This contract will NOT be assisted with grant funds from any source and will be funded by local dollars (user fees or county dollars). ❑ This contract has special funding. Please describe: Project Budget Account Fund Org Program Subclass Project Is this contract part of a larger project that will receive either PFA or FTA funds?(PFA or Yes No FTA rules will apply.) Metro Transit Use Only—Available project funding $ (Federal); $ (Local Match); $ (State Match); $ (Other: ❑ RTC non-match ❑ State non-match); $ (Other—specify: ) By: Date: Grant Approval — Capital Funding Approval — to be completed for all FTA-assisted contracts to be completed for all MCES capital projects Grant Number: Grants Manager Signature Date Signature Date Funding Approval —I have reviewed the information in Section 2 and certify that it is accurate. Signature Date (To be signed by the CFO,Controller,MCES Finance Director,or Director of Title Finance,Metro Transit) 10/10/18 Exhibit B Section 3 - Solicitation and Selection Process - to be completed by the Project Manager 1. Type(s)of contractor and subcontractors involved in this contract: (Please list by specialty, skill or industry) 2. Proposed means of publicizing the availability of the contract ❑ State Register ❑ Construction Bulletin ❑ Trade Publication(s): (Please list) ❑ Community Organization(s): ❑ Other: (Please Explain) 3. Proposed process to select contractor ❑ Sole Source ❑ Other: (Please explain) ❑ Sealed bids ❑ Council staff evaluation committee Section 4 - Diversity - to be completed by Office of Diversity and Equal Opportunity Staff I wish to review the solicitation documents prepared for this procurement prior to advertisement and distribution ❑ I wish to be involved in the selection process for this procurement The following diversity business subcontracting goal(s)or preference apply to this contract: ❑ DBE Goal of % ❑ M/WBE Goal of % ❑ TGB Goal of ❑ MBE Goal of % ❑ SBRA Goal of ❑ WBE Goal of % ❑ TGB Preference of Reviewed by: Date: CIMs with an estimated value of less than $50,000 may be authorized by Section 5 - Authorization Council staff with sufficient signature authority. CIMs with an estimated value of$50,000 or more must be authorized by General Managers or Division Directors. 1 authorize the initiation of the contracting process for this procurement. Date: Signature of Authorized Signer Title of Authorized Signer Distribution - executed original filed in CPU; copies provided to: Project Manager ❑ Office of Diversity ❑ Transit Finance ❑ Grants Manager n 10/10/18 CITY COUNCIL AGENDA DATE: October 16, 2018 SECTION: Consent Calendar DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Public Works Surplus Vehicles &Equipment VIII.I. Paul Schlueter/Fleet Services Requested Action Move to: Declare the attached list of property as "surplus property" and available for sale or disposal through authorized methods. Synopsis Fleet Services provides retirement of surplus property(equipment/vehicles). The sale of used vehicles and equipment helps fund the purchase of new vehicles and equipment. The equipment and vehicles are auctioned in accordance with City Code 2.86 Subdivision. 3. Disposal of excess property. Background Information The City of Eden Prairie has agreements in place with Fahey Sales, the State of Minnesota, Department of Administration Surplus Services and other on-line auction services to participate in their regularly scheduled vehicle and equipment auctions. Occasionally depending on the vehicle or equipment, a minimum auction reserve amount is set and if not met, other avenues such as trade-ins for new equipment are used to maximize surplus property returns. These surplus property disposal methods are in compliance with the city's Purchasing Policy and City code. Attachment 2019 Vehicle/Equipment Auction List TO: Robert Ellis FROM: Paul Schlueter DATE: October 16, 2018 SUBJECT: 2019 Auction Vehicles & Equipment Fleet Services is requesting authority to dispose of vehicles and equipment as noted below. All vehicles and equipment listed will be sold via Public Auction through an approved auction service that meets the requirements of our Purchasing Policy and City code. Certain vehicles or equipment will have minimum auction reserves set and in the event the equipment does not sell at auction, other avenues such as equipment trade-ins will be utilized to obtain the maximum sale value. Vehicles & Equipment: Vehicle/ Vehicle/ Estimated Unit Year Unit Serial Number Equipment Auction Sale Equipment Make Model Amount 107 2008 001249170001 Husquvarna FS4800D30 $3,000 117 2004 DW624JZ592499 John Deere 624J $20,000 122 2009 3D7KS26L19G550029 Dodge DH7162 $6,000 148 2004 1FDAF56S74ED66180 Ford F550 $20,000 173 2003 2FZAAWAK23AK39842 Sterling L8511 $20,000 183 2003 1GBJK34163E260840 Chevrolet CK3500 $6,000 208 2014 2C3CDXKT6EH342982 Dodge Charger AWD $7,000 219 2014 1FM5K8AR2EGC61152 Ford Explorer $7,000 223 2014 2C3CDXKT9EH288478 Dodge Charger AWD $7,000 230 2015 2C3CDXKT9FH841664 Dodge Charger AWD $7,000 235 2015 2C3CDXKT3FH841661 Dodge Charger AWD $7,000 262 2014 1FTFX1ET9EKE10886 Ford F-150 $6,000 270 2010 1FMCU9DG5AKC84675 Ford Escape $5,000 302 2014 1YGUS1412EB098899 Aluma Trailer $2,000 315 2007 1YGUS12168B042388 Aluma Trailer $1,500 351 2011 1GNSK2E04BR321990 Chevrolet Tahoe $9,000 371 2005 1FMNU41SX5EC67525 Ford Excursion $9,000 425 2007 1FDXF47Y47EA85580 Ford F450 $5,000 456 2009 1GCHK44639E153474 Chevrolet CK2500 $5,000 486 2009 E4700089 Skag Tiger Cat $2,000 505 2009 1FMCU02779KC20051 Ford Escape $4,000 508 2010 1FMCUOC7OAKC78599 Ford Escape $4,000 720 2008 1FTSX21538EB77439 Ford F250 $5,000 721 2009 1GCHK49K99E159947 Chevrolet CK2500 $5,000 725 2009 1GCHK49K49E160620 Chevrolet CK2500 $5,000 951 2001 1B4GP24361B228839 Dodge Grand Caravan $1,500 Total $179,000 CITY COUNCIL AGENDA DATE: October 16, 2018 SECTION: Consent Calendar DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Public Works 2019 Vehicle &Equipment Replacement VIII.J. Paul Schlueter/Fleet Services Fund Schedule Requested Action Move to: Approve, contingent upon final 2019 budget approvals, the purchase of replacement vehicles and equipment as presented in the 2019 Budget and as itemized on the attached Schedules. Synopsis The Equipment Replacement Fund was developed by Fleet Services to provide a 15-year projection of equipment needs and a corresponding replacement schedule for each vehicle. Annual budget requests are created from this schedule to determine the spending amount that is included for approval in the operating budget. Staff has finalized the details of each replacement/purchase, including testing the vehicles against our replacement policy guidelines. The final list is attached and submitted for approval. The planned Fleet Capital Internal Service Fund purchase expenditures for 2019 are $1,307,000.00. The planned Utilities Enterprise Fund purchase expenditures for 2019 are $126,000.00. The City of Eden Prairie participates in the State of Minnesota Cooperative Purchasing Venture (CPV). This enables the City to buy vehicles and equipment under the terms of contracts already negotiated by the State of Minnesota. Joint Powers Agreements as listed in the City of Eden Prairie purchasing policy are also utilized. Attachment 2019 Replacement Vehicle and Equipment Purchase Lists TO: Robert Ellis FROM: Paul Schlueter DATE: October 16, 2018 SUBJECT: 2019 Replacement Vehicle & Equipment Purchases Fleet Capital Internal Service Fund Here is the list of replacement vehicles and equipment for calendar year 2019 funded through the Fleet Capital Internal Service Fund. These costs include vehicle set-up, special equipment, lighting and taxes: Service Area Replacement Total Cost Streets 107 Husquvarna FS48/D30 Concrete Saw $34,000 Caterpillar 930K Front End Loader with Grapple 117 Attachment $209,000 122 3/4—Ton Crew Cab Pickup Truck with Plow $44,000 148 Ford F550 or Equivalent Aerial Bucket Truck $115,000 Freightliner 108SD Single Axle Dump Truck with 173 Plow&Underbody Blade $229,000 Ford F-450 or Equivalent Landscape Dump Body 183 Truck with Plow $86,000 Subtotal $ 717,000 Police 208 Dodge Charger AWD $ 39,500 219 Ford Utility Interceptor AWD $44,000 223 Dodge Charger AWD $ 39,500 230 Dodge Charger AWD $ 39,500 235 Dodge Charger AWD $ 39,500 262 Ford F-150 Interceptor Pickup $36,000 270 Ford F-150 4WD Pickup for Investigations $33,000 284 Chrysler Grand Caravan Van for Investigations $30,000 Subtotal $ 301,000 Fire Dept. 302 Aluma Off Road Utility Trailer $5,500 315 Aluma Off Road Utility Trailer $5,500 351 Chevrolet Tahoe 4WD $43,000 371 GMC 3500 Crew Cab 4WD Pickup $44,000 Subtotal $ 98,000 Service Area Repalara ter* Total Cost Park Maintenance Ford F-450 or Equivalent Landscape Dump Body 425 Truck $72,000 456 3/4—Ton Pickup Truck with Plow $42,000 486 Skag 48" Commercial Mower with Hard Side Bagger $13,000 Subtotal $ 127,000 Inspections 505 Toyota Rav-4 AWD Hybrid $32,000 508 Toyota Rav-4 AWD Hybrid $32,000 Subtotal $ 64,000 Total all purchases $ 1,307,000 Less salvage value $ 164,000 Total Equipment Fund $ 1,143,000 TO: Robert Ellis FROM: Paul Schlueter DATE: October 16, 2018 SUBJECT: 2019 Replacement Vehicle & Equipment Purchases—Utilities Enterprise Fund (Water, Sewer, Storm) Here is the list of replacement vehicles and equipment for calendar year 2018 funded through the Utilities Enterprise Fund. These costs include vehicle set-up, special equipment, lighting and taxes: Service Area Replacement Total Cost Water/Utility 720 3/4 Ton Extended Cab Pickup with Plow $42,000 721 3/4 Ton Extended Cab Pickup with Plow $42,000 725 3/4 Ton Extended Cab Pickup with Plow $42,000 Sub Total $ 126,000 Less salvage value $ 15,000 Total Equipment Fund $ 111,000 CITY COUNCIL AGENDA DATE SECTION: Consent Calendar October 16, 2018 DEPARTMENT/DIVISION ITEM DESCRIPTION ITEM NO. Dzevad Mahmutovic, Facilities, Aquatic Center Lights Replacement VIII.K. Administration Requested Action Move to: Award Contract for Aquatics Lights Replacement to Prairie Electric, Inc Synopsis Prairie Electric, Inc. $148,320.00 The Retrofit Companies $168,209.26 Hunt Electric $169,589.00 Background During a recent inspection by Hennepin County Health Inspectors it was discovered that lighting levels in many of the areas of the pools measured less than the code required. Staff was advised by HGA (Hammel, Green and Abrahamson, Inc.), the original designer/architect that clean the lenses and change the bulbs, that they would help to meet code. After completing the cleaning and bulb changing, the new test continued to show readings below code. Staff has continued to work with HGA architects and trusted vendors to arrive at a long-term solution. The original lighting design used metal halide bulbs. At the time of design, led was a much higher cost and had not proven to be a successful quality of light in an aquatics environment. Over the past several years, led technology has greatly improved and the relative costs have decreased. Based on expert advice and long-term operational costs, staff recommend moving forward with a led solution. Plans and specifications for the aquatic lights replacement at Community Center were developed by HGA and sent to three potential bidders. Attachments Standard City Construction Contract with Prairie Electric, Inc. Exhibit A, Prairie Electric, Inc. Proposal Responsible Contractor Verification form from Prairie Electric, Inc SPI Large Echo Cutsheet Plans and Specifications (Area A and B) 2017 06 01 Construction Contract This Contract ("Contract") is made on the 10th day of October, 2018, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Prairie Electric, a Minnesota Corporation MI (hereinafter "Contractor") whose business address is 6595 Edenvale Blvd. Suite #120 Eden Prairie, MN 55346 Preliminary Statement PRAT Rl E The City has adopted a policy regarding the selection and hiring of contractors to provide LIVE•W R R K-D R E 0.VI 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 Removing and salvage existing HID up light fixtures and replace them with New LED high output up lights in Aquatic Center. Hereinafter referred to as the "Work". The City and Contractor agree as follows: 1. Scope of Work/ProposaL The Contractor agrees to provide, perform and complete all the provisions of the Work in accordance with attached Exhibit A. Any general or specific conditions, terms, agreements, contractor or industry proposal, or contract terms attached to or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any manner. 2. Time of Commencement and Completion. The Work to be performed under this Contract shall be commenced immediately after execution of this Contract. The Work shall be completed by December 20th, 2018. 3. Compensation for Services. City agrees to pay the Contractor a fixed sum of$148.320.00 as full and complete payment for the labor, materials and services rendered pursuant to this Contract and as described in Exhibit A. a. Any changes in the scope of the work which may result in an increase to the compensation due the Contractor shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. b. If Contractor is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay. 4. Method of Payment. The Contractor shall submit to the City, on a monthly basis, an itemized invoice for services performed under this Contract. Invoices submitted shall be paid in the same manner as other claims made to the City. a. Invoices. Contractor shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Contractor shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City's project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract. Each invoice shall be accompanied by general lien waiver and further lien waivers from all subcontractors on the project waiving liens for work for which payment was requested by Contractor and paid for by City on the preceding invoice. b. Claims. To receive any payment on this Contract, pursuant to Minn. Stat. 471.38, the invoice or bill must include the following signed and dated statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." c. Final Payment. Contractor's request for final payment shall be accompanied by Contractor's affidavit that all payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the City or its property might in any way be responsible, have been paid or otherwise satisfied. Final payment, constituting the entire unpaid balance of the Contract Sum, shall be paid by the City to the Contractor when the Work has been completed, the Contract fully performed, and the City accepts the Work in writing. The acceptance of final payment shall constitute a waiver of all claims by the Contractor except those previously made in writing and identified by the Contractor as unsettled at the time of Application for Final Payment. d. Income Tax Withholding. No final payment shall be made to the Contractor until the Contractor has provided satisfactory evidence to the City that the Contractor and each of its subcontracts has complied with the provisions of Minn. Stat. Section 290.92 relating to withholding of income taxes upon wages. A certificate by the Commissioner of Revenue shall satisfy this requirement. 5. Standard of Care. Contractor shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Contractor shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Contractor's breach of this standard of care. Contractor shall put forth reasonable efforts to complete its duties in a timely manner. Contractor shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Contract. Contractor shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. Standard Construction Contract 2007 06 01 Page 2 of 13 6. Project Manager and Staffing. The Contractor shall have designated a Project Manager and notify the City in writing of the identity of the Project Manager before starting work on the Project. The Project Manager shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Contractor may not remove or replace the Project Manager without the approval of the City. 7. Condition and Inspection. All goods and other materials furnished under this Contract shall be new and in current manufacture, unless otherwise specified, and all goods and work shall be of good quality, free from faults and defects and in conformance with this Contract. All goods and work not conforming to these requirements shall be considered defective. Goods shall be subject to inspection and testing by the City. Defective goods or goods not in current manufacture may be returned to the Contractor at the Contractor's expense. 8. Correction of Work. The Contractor shall promptly correct all Work rejected by the City as defective or as failing to conform under this Contract whether observed before or after completion of the Work and whether or not fabricated, installed or completed. The Contractor shall bear all costs of correcting such rejected Work. 9. Warranty. The Contractor expressly warrants and guarantees to the City that all Work performed and all materials furnished shall be in accord with the Contract and shall be free from defects in materials, workmanship, and operation which appear within a period of one year, or within such longer period as may be prescribed by law or in the terms of the Contract, from the date of City's written acceptance of the Work. The City's rights under the Contractor's warranty are not the City's exclusive remedy. The City shall have all other remedies available under this Contract, at law or in equity. Should any defects develop in the materials, workmanship or operation of the system within the specified period, upon notice from the City, the Contractor agrees, within ten (10) calendar days after receiving written notice and without expense to the City, to repair, replace and in general to perform all necessary corrective Work with regard to the defective or nonconforming Work or materials to the satisfaction of the City. THE FOREGOING SHALL NOT IN ANY MANNER LIMIT THE CITY'S REMEDY OR THE CONTRACTOR'S LIABILITY TO THOSE DEFECTS APPEARING WITHIN THE WARRANTY PERIOD. The Contractor agrees to perform the Work in a manner and at a time so as to minimize any damages sustained by the City and so as to not interfere with or in any way disrupt the operation of the City or the public. The corrective Work referred to above shall include without limitation, (a) the cost of removing the defective or nonconforming Work and materials from the site, (b) the cost of correcting all Work of other Contractors destroyed or damaged by defective or nonconforming Work and materials including the cost of removal of such damaged Work and materials form the site, and (c) the cost of correcting all damages to Work of other Contractors caused by the removal of the defective or nonconforming Work or materials. The Contractor shall post bonds to secure the warranties. Standard Construction Contract 2007 06 01 Page 3 of 13 10. Private Property. The Contractor shall not enter upon private property for any purpose without having previously obtained permission from the City. The Contractor shall be responsible for the preservation of, and shall use every precaution to prevent damage to all trees, shrubbery,plants, lawns, fences, culverts,bridges,pavements, driveways, sidewalks, etc.; all water, sewer and gas lines; all conduits; all overhead pole lines or appurtenances thereof; and all other public or private property along or adjacent to the work. 11. Removal of Construction Equipment, Tools and Supplies. At the termination of this Contract, before acceptance of the Work by the City, the Contractor shall remove all of Contractor's equipment, tools and supplies from the property of the City. Should the Contractor fail to remove such equipment, tools and supplies, the City shall have the right to remove them and deduct the cost of removal from any amount owed to Contractor. 12. Suspension of Work by City. The City may at any time suspend the Work, or any part thereof;by giving ten(10)days'notice to the Contractor in writing. The work shall be resumed by the Contractor within ten(10) days after the date fixed in the written notice from the City to the Contractor to resume. If the City's suspension of all or part of the Work causes additional expenses not due to the fault or negligence of the Contractor, the City shall reimburse the Contractor for the additional expense incurred due to suspension of the work. Claims for such compensation, with complete substantiating records, shall be filed with the City within ten(10) days after the date of order to resume Work in order to receive consideration. This paragraph shall not be construed as entitling the Contractor to compensation for delays due to inclement weather, failure to furnish additional surety or sureties specified herein, for suspension made at the request of the Contractor, or for any other delay provided for in this Contract. 13. City's Right to Carry Out the Work. If the Contractor defaults or neglects to carry out the Work in accordance with the Contract or fails to perform any provisions of the Contract, the City may, after ten (10) days written notice to the Contractor and without prejudice to any other remedy the City may have, make good such deficiencies. In such case an appropriate Change Order shall be issued deducting from the payment then or thereafter due the Contractor the cost of correcting such deficiencies. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the City. 14. City's Right to Terminate Contract and Complete the Work. The City has the right to terminate this Contract for any of the following reasons: a. The Contractor is adjudged bankrupt, makes a general assignment for the benefit of creditors, or becomes insolvent; b. Failure of Contractor to supply adequate properly skilled workmen or proper materials; c. Failure of Contractor to make prompt payment to subcontractor for material or labor; d. Any disregard of laws, ordinances or proper instructions of the City; Standard Construction Contract 2007 06 01 Page 4 of 13 e. Assignment or work without permission of the City; £ Abandonment of the work by Contractor; g. Failure to meet the work progress schedule set forth in this Contract; h. Unnecessary delay which, in the judgment of the City, will result in the work not being completed in the prescribed time. Termination of the Contract shall be preceded by ten(10) days written notice by the City to the Contractor and its surety stating the grounds for termination and the measures, if any, which must be taken to assure compliance with the Contract. The Contract shall be terminated at the expiration of such ten (10) day period unless the City Council shall withdraw its notice of termination. Upon termination of the Contract by the City, the City may, without prejudice to any other remedy the City may have, take possession of the site and of all materials, equipment, tools, construction equipment and machinery thereon owned by the Contractor and may finish the Work by whatever methods the City may deem expedient at the Contractor's expense. Upon Contract termination, the Contractor shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the contract price exceeds the expense of finishing the Work, including compensation for additional managerial and administrative services, the excess shall be paid to the Contractor. If such expense exceeds the unpaid balance,the Contractor shall pay the difference to the City. In the event that the Contractor abandons the Work, fails or refuses to complete the Work or fails to pay just claims for labor or material, the City reserves the right to charge against the Contractor all legal, engineering, or other costs resulting from such abandonment, failure or refusal. Legal costs will include the City's cost of prosecuting or defending any suit in connection with such abandonment, failure or refusal, and non-payment of claims wherein the City is made co-defendant, and the Contractor agrees to pay all costs, including reasonable attorney's fees. 15. Contractor's Right to Terminate Contract. The Contractor may terminate this Contract upon ten(10)days written notice to the City for any of the following reasons: a. If an order of any court or other public authority caused the Work to be stopped or suspended for a period of 90 days through no act or fault of the Contractor or its employees. b. If the City should fail to pay any undisputed sum owed Contractor within forty-five (45) days after the sum becomes due. 16. Performance and Payment Bonds. The Contractor shall post a Performance and Payment Bond each in an amount equal to one hundred percent (100%) of the payments due Contractor to insure the prompt and faithful performance of this Contract by Contractor and Standard Construction Contract 2007 06 01 Page 5 of 13 to insure prompt payment to the subcontractor and suppliers of the Contractor. The Bonds shall be in a form approved by the City. Contractor shall provide the Bond to the City before commencing work and together with the executed contract document. If the Performance and/or Payment Bond are not submitted as provided herein, this Contract shall be considered void. [BONDS ARE REQUIRED FOR A CONSTRUCTION CONTRACT THAT IS $100,000 OR MORE; THEY ARE OPTIONAL FOR ANY CONTRACT THAT IS LESS THAN $100,000] 17. Subcontractor. The Contractor shall bind every subcontractor and every subcontractor shall agree to be bound by the terms of this Contract as far as applicable to its work, unless specifically noted to the contrary in a subcontract approved in writing as adequate by the City. The Contractor shall pay any subcontractor involved in the performance of this Contract within the ten (10) days of the Contractor's receipt of payment by the City for undisputed services provided by the subcontractor. If the Contractor fails within that time to pay the subcontractor any undisputed amount for which the Contractor has received payment by the City, the Contractor shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of$100 or more is $10. For an unpaid balance of less than $100, the Contractor shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Contractor shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 18. Responsible Contractor Contractor warrants under oath that Contractor is in compliance with the minimum criteria required of a "responsible contractor" as that term is defined in Minnesota Statutes § 16C.285, subd. 3. Contractor has provided to City a list of all of its first-tier subcontractors and motor carriers that it intends to retain for work on the project. The Contractor has obtained from all subcontractors and motor carriers with which it will have a direct contractual relationship a signed statement under oath by an owner or officer verifying that the subcontractor or motor carrier meets all of the minimum criteria in § 16C.285, subd. 3. If Contractor retains additional subcontractors or motor carriers on the project after submitting its verification of compliance, the Contractor shall obtain verification of compliance from each additional subcontractor and motor carrier with which it has a direct contractual relationship and shall submit to the City a supplemental verification confirming the subcontractor's and motor carrier's compliance with subdivision 3, clause (7), within 14 days of retaining the additional subcontractors or motor carriers. Contractor shall submit to the City upon request copies of the signed verifications of compliance from all subcontractors and motor carriers of any tier pursuant to Minn. Stat. § 16C.285, subd. 3(7). A false statement under oath, by Contractor, subcontractor, or motor carrier, verifying compliance with any of the minimum criteria may result in termination of the Contract. Standard Construction Contract 2007 06 01 Page 6 of 13 19. Independent Contractor. Contractor is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Contract, who shall be employees, and under the direction, of Contractor and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Contractor an employee of the City. 20. Insurance. a. General Liability. Prior to starting the Work, Contractor shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Contractor or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, required by law, or the insurance coverage actually obtained by Contractor, whichever is greater. b. Contractor shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker's Compensation Statutory Limits Employer's Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General $1,000,000 property damage and bodily Liability injury per occurrence $2,000,000 general aggregate $2,000,000 Products—Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products- completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Standard Construction Contract 2007 06 01 Page 7 of 13 Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. d. Contractor shall maintain "stop gap" coverage if Contractor obtains Workers' Compensation coverage from any state fund if Employer's liability coverage is not available. e. All policies, except the Worker's Compensation Policy, shall name the "City of Eden Prairie" as an additional insured. f. All policies, except Worker's Compensation Policy, and Professional Liability Policy, shall name the "City of Eden Prairie" as an additional insured including products and completed operations. g. All polices shall contain a waiver of subrogation in favor of the City. h. All General Liability policies, Automobile Liability policies, and Umbrella policies shall contain a waiver of subrogation in favor of the City. i. All polices, except the Worker's Compensation Policy, shall insure the defense and indemnity obligations assumed by Contractor under this Contract. j. Contractor agrees to maintain all coverage required herein throughout the term of the Contract and for a minimum of two (2) years following City's written acceptance of the Work. k. It shall be Contractor's responsibility to pay any retention or deductible for the coverage's required herein. 1. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days' prior notice to the City, except that if the cancellation or non-renewal is due to non-payment, the coverages may not be terminated or non- renewed without ten (10) days' prior notice to the City. m. Contractor shall maintain in effect all insurance coverages required under this Paragraph at Contractor's sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-,unless specifically accepted by City in writing. n. A copy of the Contractor's Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Contractor's Work. Upon request a copy of the Contractor's insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Contractor has complied with all insurance requirements. Standard Construction Contract 2007 06 01 Page 8 of 13 Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Contractor of any deficiencies in such documents and receipt thereof shall not relieve Contractor from, nor be deemed a waiver of, City's right to enforce the terms of Contractor's obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. o. Effect of Contractor's Failure to Provide Insurance. If Contractor fails to provide the specified insurance, then Contractor will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City(including sole negligence) and regardless of the extent to which the underlying occurrence (i.e.,the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Contractor, its subcontractors, agents, employees or delegates. Contractor agrees that this indemnity shall be construed and applied in favor of indemnification. Contractor also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Contractor to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Contractor's insurance company. Contractor will take the action required by the City within fifteen(15) days of receiving notice from the City. 21. Indemnification. Contractor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney's fees paid, incurred or for which it may be liable resulting from any breach of this Contract by Contractor, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Contractor, its agents, contractors and employees, relative to this Contract. City will indemnify and hold Contractor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. Standard Construction Contract 2007 06 01 Page 9 of 13 22. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Contract ("Information") shall become the property of the City, but Contractor may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Contractor also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Contract does not relieve any liability on the part of the Contractor, but any use of the Information by the City or the Contractor beyond the scope of this Contract is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 23. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. GENERAL TERMS AND CONDITIONS 24. Assignment. Neither party shall assign this Contract, nor any interest arising herein, without the written consent of the other party. 25. Compliance with Laws and Regulations. In providing services hereunder, the Contractor shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Contract and entitle the City to immediately terminate this Contract. 26. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Contract. The violation of this provision renders the Contract void. 27. Counterparts. This Contract may be executed in multiple counterparts, each of which shall be considered an original. 28. Damages. In the event of a breach of this Contract by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. Standard Construction Contract 2007 06 01 Page 10 of 13 29. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to termination of this Contract and for one (1) year thereafter, without prior written consent of the former employer in each case. 30. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Contract or thereafter of any of the rights or remedies of the City under this Contract. 31. Entire Contract, Construction,Application and Interpretation. This Contract is in furtherance of the City's public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Contract shall be valid only when expressed in writing and duly signed by the parties,unless otherwise provided herein. 32. Governing Law. This Contract shall be controlled by the laws of the State of Minnesota. 33. Non-Discrimination. During the performance of this Contract, the Contractor shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Contractor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non- discrimination clause and stating that all qualified applicants will receive consideration for employment. The Contractor shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Contractor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 34. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Contract if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the Standard Construction Contract 2007 06 01 Page 11 of 13 other party, in any manner above specified, 10 days prior to the effective date of such change. 35. Rights and Remedies. The duties and obligations imposed by this Contract and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 36. Services Not Provided For. No claim for services furnished by the Contractor not specifically provided for herein shall be honored by the City. 37. Severability. The provisions of this Contract are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Contract. 38. Statutory Provisions. a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the Contractor or other parties relevant to this Contract are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Contract. b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Contractor under this Contract which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. This Contract is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Contractor in performing any of the functions of the City during performance of this Contract is subject to the requirements of the Data Practice Act and Contractor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Contractor in relation to this Contract shall contain similar Data Practices Act compliance language. 39. Waiver. Any waiver by either party of a breach of any provisions of this Contract shall not affect, in any respect, the validity of the remainder of this Contract. Executed as of the day and year first written above. Standard Construction Contract 2007 06 01 Page 12 of 13 CITY OF EDEN PRAIRIE Nancy Tyra-Lukens, Its Mayor Rick Getschow, Its City Manager Prairie Electric, Inc Brent Fritz, Senior Project Manager Standard Construction Contract 2007 06 01 Page 13 of 13 Mk■ aim• mil Joh — Leh goo ARMIN ilin llllll " _ Illbi r r Wilms! IM. .'aims MIS Mr . WON ELECTRICAL CONTRACTORS CO., INC. 6595 Edenvale Blvd, Phone 952-949-0074 Suite #120 Fax 952-949-0174 Eden Prairie, MN 55346 inom.praineelectric,com Combined Proposal for 3 pools To: Dzevad Mahmutovic Company: City of Eden Prairie E-Mail: From : Brent Fritz Company: Prairie Electric Company Date: 08-28-2018 Number of Pages: 2 Subject: New lighting options for EPCC Lap, Dive and Recreation pools Dzevad, We are pleased to offer the following electrical quotation for your consideration and review. Scope: We will remove the existing temporary lights and the existing HDI light fixtures on the 3 pool areas. All will be recycled and disposed of, unless option #1 is chosen, then we will reinstall as per design. We will then install the new LED or HID prescribed option as per the HGA drawings, and retest light levels. Option #1 (Winona HID fixtures): Relocate existing cylinder lights, furnish and install 35 new 2 lamp Winona HID 320watt fixtures, Relocate 17 from the lap pool to the rec pool and add 4 new cylinder lights - Electrical Permit - Demolition of all temp. lights and wire and old HID fixtures - Relocate 8— LED down light can fixture - Furnish and install 4 — LED cylinder lights 32 — Winona 2 lamp HID fixtures All required pipe and wire Total: $150,940.00 Option #2(SPI Echo fixtures): Remove and salvage existing HID up light fixtures and replace them with New LED high out put up lights. We will also add new LED up lights at both ends of the pool and down the center - Electrical Permit MI imam• NNE ifth — ■ l41Ixam.Aim ELECTRICAL CONTRACTORS CO., INC. 6595 Edenvale Blvd, Phone 952-949-0074 Suite #120 Fax 952-949-0174 Eden Prairie, MN 55346 ohm praineelectric,com - Demolition of all temp. lights and wire along with the existing HID fixtures - Relocate 4 — LED down light can fixture - Furnish and install 86 — New LED up light fixtures 5 — LED cylinder light fixtures All required pipe and wire Total: $148,320.00 Option #3(SPI light truss fixtures): Remove and salvage existing HID up lights around pool and replace them with new LED up-lighting light trusses and add round pendant down lights as required - Electrical Permit - Demolition of all temporary lights and wire along with existing HID fixtures - Furnish and install 66 — New LED up light fixtures mounted on light trusses 5 — New LED down light pendant All required pipe and wire Total: $223,300.00 Notes and Exclusions *All work to be performed during normal working hours *Lift rentals included *Use of Cities lift maybe required as well If you have any questions regarding this quotation, please don't hesitate to call. Sincerely, Brent Fritz Project Manager ADDITIONAL SUBCONTRACTORS AND MOTOR CARRIERS LIST PROJECT TITLE: E• �,. e,. . m ] ��1 `\ci�` jrn Pursuant to Minn. Stat. § 16C.285, subd. 5, the prime contractor must submit this form within 14 days of retaining additional subcontractors and motor carriers on the project. This form must be submitted to the Project Manager or individual as identified in the solicitation document. Additional Subcontractors By signing this document, I certify that I am an owner or officer of the company, and I swear under oath that all additional subcontractors and motor carriers listed on this Additional Subcontractor List have verified through a signed statement under oath by an owner or officer that they meet the minimum criteria to be a responsible contractor as defined in Minn. Stat. § 16C.285. Signed this I 0 day of 0 c4,b-ev , 20 1 K By:—G \-\-- Ti..c\vz, _ [printed name] Wolk Mewl([title] of Pr 4,r e. C=\ec. v.,c C. [name of company] STATE OF MINNESOTA ) ) ss. COUNTY OF iA-C r e . ) S ed nd swor to before me on 0 A.\›o,, 1 6 , 20 1 r , by Fs JEFFREY SANVILLE li�.g�''' ` Notary Public-Minnesota - -�. :on n,Expires-dan 31,202i3 i. L . Responsible Contractor Verification I am an owner or officer of PrcN;r;cEtec.' r;c, 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: 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 i 0 day of 0 <},, ,e, . , 201 Z By: jiev\,4c v [printed name] TToy.6 y 7 .([title] of -Ptrc•ti e, el f A is . [name of bidder] STATE OF MINNESOTA ) ) ss. COUNTY OF hi c o n e 5,;� ) Signed and sworn to before me on 0�-d.6 10 , 20 1 g , by ,.yam /..°' ,- JEFFREY SANVILLE t. kz' Notary Public-Minnesota ►mot .' AO 4111 , 'zI.,..J My Commission Expires Jan 31,2020 Nof• (stamp) RESPONSIBLE CONTRACTOR REQUIREMENT To be eligible to be awarded this contract, each bidder must submit a signed statement, under oath, verifying that it is a"responsible contractor" as that term is defined in Minnesota Statutes § 16C.285, subdivision 3. To be a "responsible contractor," a contractor must be in compliance with the following minimum criteria: (1)the contractor: (i) is in compliance with workers' compensation and unemployment insurance requirements; (ii) is in compliance with Department of Revenue and the Department of Employment and Economic Development registration requirements if it has employees; (iii) has a valid federal tax identification number or a valid Social Security number if an individual;and (iv) has filed a certificate of authority to transact business in Minnesota with the secretary of state if a foreign corporation or cooperative; (2)the contractor or related entity is in compliance with and, during the three-year period before submitting the verification, has not violated Minnesota Statutes sections 177.24, 177.25, 177.41 to 177.44, 181.13, 181.14, or 181.722, and has not violated the United States Code,title 29, sections 201 to 219,or United States Code,title 40, sections 3141 to 3148. For purposes of this clause, a violation occurs when a contractor or related entity: (i) repeatedly fails to pay statutorily required wages or penalties on one or more separate projects for a total underpayment of$25,000 or more within the three- year period, provided that a failure to pay is "repeated" only if it involves two or more separate and distinct occurrences of underpayment during the three-year period; (ii)has been issued an order to comply by the commissioner of labor and industry that has become final; (iii)has been issued at least two determination letters within the three-year period by the Department of Transportation finding an underpayment by the contractor or related entity to its own employees; (iv)has been found by the commissioner of labor and industry to have repeatedly or willfully violated any of the sections referenced in this clause pursuant to section 177.27; (v) has been issued a ruling or findings of underpayment by the administrator of the Wage and Hour Division of the United States Department of Labor that have become final or have been upheld by an administrative law judge or the Administrative Review Board; or (vi) has been found liable for underpayment of wages or penalties or misrepresenting a construction worker as an independent contractor in an action brought in a court having jurisdiction. Provided that, if the contractor or related entity contests a determination of underpayment by the Department of Transportation in a contested case proceeding, a violation does not occur until the contested case proceeding has concluded with a determination that the contractor or related entity underpaid wages or penalties; (3)the contractor or related entity is in compliance with and, during the three-year period before submitting the verification,has not violated Minnesota Statutes section 181.723 or chapter 326B. For purposes of this clause, a violation occurs when a contractor or related entity has been issued a final administrative or licensing order; (4) the contractor or related entity has not, more than twice during the three-year period before submitting the verification, had a certificate of compliance under Minnesota Statutes section 363A.36 revoked or suspended based on the provisions of section 363A.36, with the revocation or suspension becoming final because it was upheld by the Office of Administrative Hearings or was not appealed to the office; (5) the contractor or related entity has not received a final determination assessing a monetary sanction from the Department of Administration or Transportation for failure to meet targeted group business, disadvantaged business enterprise, or veteran-owned business goals, due to a lack of good faith effort, more than once during the three-year period before submitting the verification; (6) the contractor or related entity is not currently suspended or debarred by the federal government or the state of Minnesota or any of its departments, commissions, agencies, or political subdivisions that have authority to debar a contractor; and (7) all subcontractors and motor carriers that the contractor intends to use to perform project work have verified to the contractor through a signed statement under oath by an owner or officer that they meet the minimum criteria listed in clauses(1)to(6). Any violations, suspensions, revocations, or sanctions, as defined in clauses (2) to (5), occurring prior to July 1, 2014, shall not be considered in determining whether a contractor or related entity meets the minimum criteria. Any prime contractor, subcontractor, or motor carrier that does not meet the minimum criteria in Minn. Stat. § 16C.285, subd. 3, which section is set forth above, fails to verify compliance with any one of the required minimum criteria, or makes a false statement under oath verifying compliance is not a "responsible contractor" and is not eligible to be awarded a construction contract for the project or to perform work on the project. A false statement under oath verifying compliance with any of the minimum criteria may result in termination of a contract awarded to a prime contractor, subcontractor, or motor carrier that submits a false statement. A prime contractor or subcontractor shall include in its verification of compliance under subdivision 4 a list of all of its first-tier subcontractors that it intends to retain for work on the project. Prior to execution of a construction contract, and as a condition precedent to the execution of a construction contract, the apparent successful prime contractor shall submit to the contracting authority a supplemental verification under oath confirming compliance with subdivision 3, clause (7). Each contractor or subcontractor shall obtain from all subcontractors with which it will have a direct contractual relationship a signed statement under oath by an owner or officer verifying that they meet all of the minimum criteria in subdivision 3 prior to execution of a construction contract with each subcontractor. If a prime contractor or any subcontractor retains additional subcontractors on the project after submitting its verification of compliance, the prime contractor or subcontractor shall obtain verification of compliance from each additional subcontractor with which it has a direct contractual relationship and shall submit a supplemental verification confirming compliance with subdivision 3, clause (7), within 14 days of retaining the additional subcontractors. A prime contractor shall submit to the contracting authority upon request copies of the signed verifications of compliance from all subcontractors of any tier pursuant to Minn. Stat. § 16C.285, subd. 3(7). A Responsible Contractor Verification form is provided with the bid documents. Each bidder must submit the form with its proposal. S P I 9PEGRCA11CN sl-EET ECHO ROUND 9.0 LED INTERIOR PENDANT JCB NAIVE IlfE 0 P12062 IIIIIIII OAH ..i.k.. I� yy � I' L2 de.g..,l L1 LEDI ode= III Echo Round 9.0,nowavaleble in LED,is designed to address Iage, high-ceiling spaces such as old urns,gymnasiums,I i brai es, Dimensions retatoduns aid open office spaces. Avast Iarping rd lye with W L1 L2 H Oa-1 rvc vaious lumen packages ava Idol e,upto40,000 lutists,the Echo 8.9 in 45.5 in 38.2 in 7.8 in 80.0 in 22.8 in 9.0 delivers premium i ndi rect lighting with a smooth,uniform, 22.6 cm 115.6 cm 97.0 cm 19.8 cm 203.2 cm 57.9 cm forward throw output. The Echo Fbund 9.0 LED is designed with a solid a uni num housing,encompassing the I olest technology in a Weight trait oriel shape to sears essly integrate into the space. For a Shipping might:25.0 lb(11.4 kg). corrpl i mentay lighting layout,contact our appl i cations tears at S Rteem@spiI ighti rig.00m. Features • Ma<Ambient Cperating temp= 28°C(82°F). • Staxiad top lens corrects color- r-aigl a discoloration,del ivreri ng a d een • Delivered lulu s shown ae at 4000K C CT,apply multiplier for delivered white bean suitable for highly-finished ceili1ry,aid wells !ulna isat other CXT • IF58 light engines,connectors and fully potted drivers staid up to hash Mounting resod um environments • For indirect use only. • All visible fasteners ae fl ush mounted,providing a dean design • Stem mount versions i rid ude(2)5/8"a umi num mounting sterns. • Cast a uri num and caps protect intema components ail ae recyd ahl e. • Mounts to std Ltd d 4"octagornel junction box • Addadjustsble housing locks into position,enabling precise fixture • Additionelmanting structure axlhacMa-e required(by ottrers). a i gnn by it for high-qua ity design performance. Additional Documents • Stadad wraith LED. • Stadad thermoset polyester powder coat pant provides dusble protection Color Chat(http://vwwvspilighting.corryFflFs/SR Odor C)nat.pdf) in a palette of color options. Custom colors aid l dole upon request. Technical Notes Construction • Ian.rded a uni num construction provides du abl a protection for intend components and is recyd abl e Bectrical • Ef L l i sted to UL stall,d (US&Canada)for use in darp I oceti ons;not recommended for exterior applications • To ensure color consistency,SR uses precise bin selection aid strict qua i ty procacc to maintain a 3-step(MwAdan)SDCM on al white LED lanpirgs • 0-10vdirrrrEble power supply staxiadvuth white LH7s. • FUblishedlunineire wattages aecelculoled using atypical power supply efficiency of 88% exact wattages may way based on aopi iced on • Integra power supply staxlad Finish • Housing and moa tirig components panted to match,unless otherwise specified. Light source • L70life=50,000+ hours SPILIGE x Tel(262)242-1420 contact@spilighting.com Current as of 06/20/18.Design modification rights reserved. SPI SFECIFICATCNsl$r MCLaNIvffit UGHTSa CE FINIS-I \LLTFC LAMPCPIICrS CPIIQS 8 P12062 Nit all optics ae asa f able in eli corlfigurdicns,consult fa tcry for details. Light Source Riotcnnetry Voltage tiors ❑ L380W Mite 380W LED Ligh1 Engine 13:H09 ❑ 120-277V Lhivasel Voltage ❑ CS Cut-Cff&iidd Delivered Lumens:37,620 38INLED Lamp Options ❑ F Fusing 1 Apply.91 multiplier for delivered lumens ❑ 3500K1 3500KCCr ❑ C41-I Finds#suspension length Other ❑ 4000K 4000K(Cf than sfaxiad Painted Rnishes P101 &perWite P107 Light Tape Pr13 WamGag Pr19 Sue F'I29 Rad Bass Pr42 Sky Hue Pr48 Bass P102 Mite P108 Medium Tape Pr14 Light Gay P120 Dark Olsen P131 Meditm Bocce Pr43 Ted Pr49 Proms P103 MomingLilt P109 MediunOW Pr15 Sage P121 Ned Mite P132 DarkBorce Pr44 Green P151 MatteWite P104 WmtVite Pr10 Lkik(3aj Pr16 Sprtre PI22 Rdirun PI33 Cralue Pr45 Rtrple P105 Ritly Pr11 Sack Pr17 Rad P127 DeepCoppa Pr40 Yellow Pr46 Pltmnm P106 Mom Bige Pf12 DakChocolde Pr18 Deep Red P128 1331c&rie>s Pr41 Oage Pr47 Deep Ibd Bass SPILIGH11NG® Tel(262)242-1420 contact@spilighting.com Current as of 06/20/18.Design modification rights reserved. FYJST1P A start TELECOM _ir_. 2211 L± T � �aI I• 1 - / j If it I 1 a 0 0 rcREss�l 1—' I I I p i I ! I ) p�f —..* - '2' L S7UOeO - `�� . ELEVATOR . C DFRCE 218 -_ D D D I I ritNESs 0 l' 0 I l 11 OPEN I I 210 1 1 1 I — - -- ._ ELECTRICAL ' I I D•I ,- 0 —. .O 0.O V 00,0 • ir, O Remove these ese existing cylinder dowalights ! -- II 1 0 1 o o_ A o 0 1 II - I. - .l d _l .II i .I .. i J. ;I I. - _ -_,-- . ....- ,-i . , ::- 1--.. i . -- iiii 1—.1 1-1--F1-7r. L._, MN MN Elm _hi h MN * 4> SPI Lighting Echo 9.0 Series 1 — SPI Lighting Echo 9.0 Series 11 _ —[ —n _ g 9 EIP12062-L380W-1201277V-4000K ! — E1P12064-L254W-1201277V-4000K 0_. ' ° _PT02(Natatorium finish] I - - — -PTO2(Natatorium finish) q.-: 14 _.�. ..—III4 -' l �i -Remove existing MH lights and -a H - i _ Install new LED indirect pendants at ----6-— D ° install new LED lights in same - �� = - . new locations 18'-0"AFF- Mount I _ - ICE m — Ili row in front of bleacher seating at 1 ha -. locations o - - - • --i•_ -k • -. , �.,_ 19-0 AFF. o-I o'• - D D -I—- RDa �' � _ + =' II I. ° .1 _�-- I , .� — � II - - - ---�1 O �- '1— o v �1 a It I. This do I alight to � m remain. IS - I + _ Relocate one 1 ill . �:: -- — — °. 4 existing cylinder ! - j -.. + : di # ff downlight to this r o m� 9 - -� location. . ��. I — — MN Wm hi ., :h am R=1—12 —r )7 ir Ho 1IT_I1 � NIA L H t ! 1. 1n n - � I OPTION 2 - SPI LED Echo 9.0 & Additional Downliights Eden Prairie Community Center Dive & Lap Pools 08/02/2018(Scale:118"=1'-0") Dark blue = existing fixture locations /f Light blue = new fixture locations II / L IJ I .1Q i i r Install two new cylinder iiA302c 1 L I _ u _ _b. _u -_� I --1 u it 1- downlights Gotham EVO `�� "� l CYL-40130-8AR-MD-LSS-MVO _IP � ,-_ '� ® --- _ LT-PM, White Natatorium finish - ���1au�Po� 1 o POQL ii g DECK I — uucnPu iia POOL ` aizii—' tl 1 1 O U — nR �- —y —y��� Q �� I ,�� Install one new cylinder f; I downlight Gotham EVO at —���"— • ��' --r--- — r CYL-40130-8AR-MD-LSS-MVO I' * * ii * w ON to al Ili di i ,- LT-PM, White Natatorium finish Ir 1_ 1 Lighting Controls Notes: 1 Relocate these existing SP1 Lighting Echo 9.0 Series -Reuse existing circuiting i __T cylinder downlights one E1P12062-L380W-1201277V-4000K and wiring when possible, El double tee to the west -PT02 (Natatorium finish) -Add new circuits and relays 1 1 # e -Remove existing MH lights and as required to accommodate I'� install new LED lights in locations larger quantities of r I indicated on this plan. luminaires. 1 -Connect new circuits to 1 existing relay panel. 1 ,..s, r :;:. ______, 1 OPTION 2 - SP1 Echo 9.0 - l„A302A Eden Prairie Community Center Multipurpose Pool 08/24/2018 (Scaie:118"=1'-0") CITY COUNCIL AGENDA DATE: SECTION: Public Hearings October 16, 2018 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development/Planning Aspire Eden Prairie 2040 IX.A. Janet Jeremiah/Julie Klima Requested Action Move to: • Close the Public Hearing; and • Adopt the Resolution Approving Aspire Eden Prairie 2040 and Authorizing Submittal to the Metropolitan Council. Synopsis Minnesota statutes require all metropolitan communities to update their comprehensive plans every 10 years. In 2016, the City initiated the process to update its comprehensive plan branded Aspire Eden Prairie 2040. After approximately 18 months of community engagement, field research, review of existing plans and policies,preparation of housing and transportation studies, and review of preliminary drafts, the draft Aspire plan has been prepared and can be found at www.edenprairie.org/aspireep2040. The draft Aspire Eden Prairie 2040 plan was distributed for review by the general public and affected jurisdictions in May 2018. Affected jurisdictions include adjacent communities, counties, school districts and watershed districts. The purpose of the public hearing is to allow comment by the general public on Aspire. Following review by the Planning Commission and City Council, comprehensive plans also require submittal, review and approval by the Metropolitan Council. Formal submittal to the Metropolitan Council is due by Dec. 31, 2018. Aspire Eden Prairie 2040 includes the following topics: Land Use &Development; Housing& Residential Areas; Economic Competitiveness; Transportation&Accessibility; Community Facilities; Parks & Open Space; Water Resources & Infrastructure; Special Study Areas; and Implementation. Beyond these required elements of the Comprehensive Plan, Aspire Eden Prairie 2040 incorporates local priorities of sustainability, equity and diversity, and community health. Throughout the entire document, call-outs are included covering these topic areas to promote education and best management practices. Background The City contracted with Houseal Lavigne Associates to assist with the overall Comprehensive Plan process. The initial phases included broad community engagement activities and an existing conditions analysis. The community engagement phase included topical discussions with focus groups, surveys, online feedback through City Connect, Do-It-Yourself(DIY) meetings,presentations to community groups such as the Chamber of Commerce and Noon Rotary, and attendance at community events such as Arts in the Park and the Home Town Celebration. The existing conditions analysis included field review and analysis of existing policy plans, studies and reports. The subsequent phases included further study and the drafting the Comprehensive Plan chapters. Supplemental studies providing details on housing and transportation have also been completed to augment Aspire Eden Prairie 2040. Throughout the outreach, analysis and drafting phases of the project, the City Council and Planning Commission have been actively involved in discussions held at City Council work sessions in order to provide feedback and policy direction on the overall plan and specific topic items. The draft plan incorporates the feedback and recommendations from these studies, community outreach and Commission and Council review. The required 6 month review period by adjacent communities and affected jurisdictions expires on November 30, 2018. The Comprehensive Plan can only be submitted to the Metropolitan Council after the 6 month review period expires or once all comments are received from the adjacent communities and affected jurisdictions. As part of the submittal to the Metropolitan Council, city staff will provide the comments received from these agencies along with responses to the comments. With this cycle of comprehensive plan updates, the Met Council has initiated a preliminary review option. This option allows communities to submit draft plans and receive feedback prior to formal submittal of the draft plan. Met Council comments are offered to inform communities of any information that may be need to be added or further supplemental data that is necessary for the Met Council to complete its review of the plan for conformance with regional policies. Eden Prairie has submitted its draft for review and has received preliminary review comments back from the Metropolitan Council. Some changes have already been made to the Aspire plan to address Met Council comments. City staff and HLA continue to provide other necessary refinements. These revisions do not affect over the overall goals and directions of the plan but rather provide additional supporting documentation, more detailed explanations, and clarifications of items to improve functionality and readability of the plan. The drafts that have been provided to the Planning Commission and City Council reflect the purposes, goals, and development patterns that have been discussed through the drafting process and the chapter by chapter review over the summer. Planning Commission Recommendation The Planning Commission voted 8-0 to recommend approval of Aspire Eden Prairie 2040 Comprehensive Plan at the September 24, 2018 meeting. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2018- A RESOLUTION APPROVING ASPIRE EDEN PRAIRIE 2040 AND AUTHORIZING SUBMITTAL TO THE METROPOLITAN COUNCIL WHEREAS, Minnesota Statutes section 473.864 requires each local governmental unit to review and, if necessary, amend its entire comprehensive plan and its fiscal devices and official controls at least once every ten years to ensure its comprehensive plan conforms to metropolitan system plans and ensure its fiscal devices and official controls do not conflict with the comprehensive plan or permit activities that conflict with metropolitan system plans; and WHEREAS, Minnesota Statutes sections 473.858 and 473.864 require local governmental units to complete their"decennial"reviews by December 31, 2018; and WHEREAS, the City Council, Planning Commission, and the City Staff have prepared a proposed Comprehensive Plan intended to meet the requirements of the Metropolitan Land Planning Act and Metropolitan Council guidelines and procedures; and WHEREAS,pursuant to Minnesota Statutes section 473.858, the proposed Comprehensive Plan was submitted to adjacent governmental units and affected special districts and school districts for review and comment on May 30, 2018 and the statutory six-month review and comment period will expire on November 30, 2018; and WHEREAS, the Planning Commission has considered the proposed Comprehensive Plan and thereafter submitted its recommendations to the City Council; and WHEREAS, the City Council conducted a public hearing on October 16, 2018 relative to the adoption of the proposed Comprehensive Plan; and WHEREAS, the City Council has reviewed the proposed Comprehensive Plan and those recommendations; and WHEREAS, Minnesota Statutes section 473.858 requires a local governmental unit to submit its proposed comprehensive plan to the Metropolitan Council following recommendation by the planning commission and after consideration but before final approval by the governing body of the local governmental unit. WHEREAS, based on its review of the proposed Comprehensive Plan and Planning Commission and staff recommendations, the City Council is ready to submit its proposed plan to the Metropolitan Council for review pursuant to Minnesota Statutes section 473.864. NOW,THERFORE,BE IT RESOLVED BY THE CITY COUNCIL OF EDEN PRAIRIE, MINNESOTA,AS FOLLOWS: 1. City staff is directed to distribute said Comprehensive Plan to the Metropolitan Council by December 31, 2018 pursuant to Minnesota Statutes section 473.864. ADOPTED by the City Council of the City of Eden Prairie this 16th day of October, 2018. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Public Hearing October 16, 2018 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Denise Christensen Special Assessment Hearing for the IX.B. Public Works/Engineering Approval of the 2018 Special Assessments Requested Action Move to: • Close the public hearing for the approval of the 2018 Special Assessments and; • Adopt the Resolution approving all Special Assessments presented in the fall of 2018. Synopsis Each year, the City Council holds a public hearing to consider levying the Special Assessments that have been identified over the previous 12 months. This year, the Council will address a list of projects and supplemental assessments for such things as trunk utility assessments and contracted removal assessments. Staff recommends Council approve the list of assessments. Background Information City Council established the amount to be assessed for this fall's assessment hearing at its regular meeting on September 18, 2018. See Exhibit A for the list of Supplementals that the Council will be asked to approve for levying Special Assessments for collection with property taxes. The total amount proposed to be assessed in 2018 is $18,293.00. Attachments • Resolution • Exhibit A • Published Notice • Notification List CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2018- WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections in the proposed assessments for the following improvements to wit: (See Exhibit A attached) NOW, THEREFORE,BE IT RESOLVED by the City Council of the City of Eden Prairie: 1. Such proposed assessments are hereby accepted and shall constitute the special assessment against the lands in the final assessment rolls, and each tract of land therein included is hereby found to be benefitted by the improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of years as shown on Exhibit A. Installments shall bear interest at the rates shown on Exhibit A, except no interest shall be charged if the entire assessment is paid within 30 days of the adoption of this resolution. To the first installment shall be added interest on the entire assessment from November 1, 2018 until December 31, 2019. To each subsequent installment when due shall be added interest for one year on all unpaid installments. In accordance with Minnesota Statutes Section 429.061 assessments are deferred on unimproved pieces of property as identified on Exhibit A until the time of platting or the construction of improvements thereon. Interest shall be charged to the deferred assessment amount at the annual interest rate indicated in Exhibit A and added to the principal amount until it becomes payable. At the time of platting or construction of improvements thereon, the deferred principal amount plus accrued interest shall be payable in installments over the remaining number of years of the assessment levied herein but in any event not less than five (5) years. The Clerk shall record with the county recorder a certificate containing the legal description of the affected property and of the amount deferred. 3. The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County, and such assessments shall be collected and paid over in the same manner as other municipal taxes beginning in 2019. 4. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the city treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and he/she may, at any time thereafter, pay to the city treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. 5. It is hereby declared to be the intention of the Council to reimburse itself in the future for the portion of the cost of this improvement paid for from municipal funds by levying additional assessments, on notice and hearings as provided for the assessments being made, upon any properties abutting on the improvements but not herein assessed for the improvement when changed conditions relating to such properties make such assessment feasible. ADOPTED by the City Council of the City of Eden Prairie this 16th day of October, 2018. Nancy Tyra-Lukens, Mayor ATTEST: SEAL Kathleen Porta, City Clerk EXHIBIT A Supplementals Trunk Sewer and Water Parcel PID # Years/ "A) 2018 Amount Deferred Amount Eden Prairie Senior Living, 14-116-22-34-0003 5 Years at 4.90% $8,563.00 0.00 LLC Tall Grass /Weed Contracted Removal James Muecke 03-116-22-32-0037 1 Years at 4.90% $155.00 0.00 David F. Bruns, Sr. 05-116-22-12-0003 1 Years at 4.90% $155.00 0.00 Ahmed A. Ali 09-116-22-31-0055 1 Years at 4.90% $160.00 0.00 Burger King Corp#4006 14-116-22-31-0031 1 Years at 4.90% $155.00 0.00 Danni Luo 16-116-22-44-0044 1 Years at 4.90% $160.00 0.00 Burger King Corp#3970 17-116-22-11-0023 1 Years at 4.90% $155.00 0.00 Michael I .Mann 26-116-22-42-0007 1 Years at 4.90% $155.00 0.00 Dana A. Knudsen 35-116-22-22-0025 1 Years at 4.90% $320.00 0.00 Tree Contracted Removal David Rathke 05-116-22-33-0013 1 Years at 4.90% $2,805.00 0.00 Pinegate Homeowners Association 07-116-22-14-0126 1 Years at 4.90% $815.00 0.00 L. A. Donnay 07-116-22-41-0048 1 Years at 4.90% $365.00 0.00 Lake Eden North Association 23-116-22-22-0011 1 Years at 4.90% $4,330.00 0.00 * No Deferred Assessments NOTICE OF HEARING ON PROPOSED SPECIAL ASSESSMENTS Notice is hereby given that the City Council will meet at 7:00 p.m. on Tuesday, October 16,2018 in the City Center, 8080 Mitchell Road, Eden Prairie, Minnesota, for the purpose of holding a Public Hearing to consider the proposed assessments for the following improvements in Hennepin County, Minnesota, Township 116,Range 22: Trunk Sewer and Water 14-116-22-34-0003 The total amount to be assessed is $8,563.00. Tall Grass/Weed Contracted Removal 03-116-22-32-0037 05-116-22-12-0003 09-116-22-31-0055 14-116-22-31-0031 16-116-22-44-0044 17-116-22-11-0023 26-116-22-42-0007 35-116-22-22-0025 The total amount to be assessed is$1,415.00. Tree Contracted Removal 05-116-22-33-0013 07-116-22-14-0126 07-116-22-41-0048 23-116-22-22-0011 The total amount to be assessed is$8,315.00. The proposed assessment roll is now on file with the City Clerk and in the office of the City Engineer and is open to inspection by all persons interested. All persons who wish to be heard with reference to the assessment roll should be present at the hearing to present either written or oral objections. Written or oral objections thereto by any property owner will be considered by the Council prior to the adoption of the assessment roll. CAUTION: No appeal may be taken as to the amount of any assessment adopted unless a written objection, signed by the affected property owner, is filed with the City Clerk prior to the assessment hearing or presented to the presiding officer at the hearing. An owner may appeal an assessment to the District Court pursuant to Minnesota Statutes 429.081, by serving notice of the appeal upon the Mayor or City Clerk within 30 days after the adoption of the assessment and filing such notice with the District Court within ten days after service upon the Mayor or Clerk. For your further information, please note the following: Pursuant to Minnesota Statutes 435.193 through 435.195, which establishes a hardship assessment deferral for seniors or retired disabled, the procedure to obtain a deferred assessment and sets forth the events upon which the option to defer payment terminates and all amounts accumulated plus interest become due. Pursuant to these statutes, the City may defer the payment of special assessments for homestead property of persons 65 years of age or older or retired by virtue of a permanent and total disability for whom it would be a hardship to make the payments,who meet certain standards relating to eligibility. A deferment procedure is authorized by City Code Section 2.84 and has been established by City Resolution 83-177. The principal amount of special assessments deferred for such persons will bear interest, but not exceeding 50% of the original principal amount of the assessment. Payment of the interest will also be deferred and will be added to the principal amount of the deferred assessment. Any person who wishes to receive a deferment must make application to the City Engineer's office no later than November 10th of the year preceding the year in which an assessment is payable. Applications therefore may be obtained from the City of Eden Prairie by contacting: Denise Christensen, Senior Engineering Technician City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 952-949-8318 By order of the City Council Published once in the Eden Prairie News, September 27,2018 NOTIFICATION LIST 2018 SPECIAL ASSESSMENT HEARING NOTIFICATION LIST A copy of the Public Hearing Notice has been sent to owners of the following parcels: 03-116-22-32-0037 05-116-22-12-0003 05-116-22-33-0013 07-116-22-14-0126 07-116-22-41-0048 09-116-22-31-0055 14-116-22-31-0031 16-116-22-44-0044 17-116-22-11-0023 23-116-22-22-0011 26-116-22-42-0007 35-116-22-22-0025 CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims October 16 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 263260 - 263591 Wire Transfers 1020894 - 1021005 Wire Transfers 6776 — 6799 Purchasing Card 6787 City of Eden Prairie Council Check Summary 10/16/2018 Division Amount Division Amount 112,499 308 E-911 482 100 City Manager 8,171 309 DWI Forfeiture 2,705 101 Legislative 485 315 Economic Development 6,807 102 Legal Counsel 56,540 502 Park Development 123 110 City Clerk 480 509 CIP Fund 127,308 111 Customer Service 6,669 512 CIP Trails 7,200 112 Human Resources 1,179 522 Improvement Projects 2006 219,219 113 Communications 1,428 526 Transportation Fund 97,927 114 Benefits&Training 7,466 531 Eden Prairie Road 3,616 130 Assessing 300 532 EP Road Connect Flying Cloud 33,839 131 Finance 700 804 100 Year History 29 132 Housing and Community Services 9,255 Total Capital Projects Fund 499,255 133 Planning 9,047 136 Public Safety Communications 1,063 601 Prairie Village Liquor 91,843 137 Economic Development -2,513 602 Den Road Liquor 156,462 138 Community Development Admin. 1,076 603 Prairie View Liquor 165,733 150 Park Administration 2,963 605 Den Road Building 727 151 Park Maintenance 35,570 701 Water Enterprise Fund 448,444 153 Organized Athletics 11 702 Wastewater Enterprise Fund 12,613 154 Community Center 11,642 703 Stormwater Enterprise Fund 36,718 156 Youth Programs 5,825 Total Enterprise Fund 912,539 157 Special Events 201 158 Senior Center 2,334 802 494 Commuter Services 13,957 159 Recreation Administration 343 803 Escrow Fund 1,502 160 Therapeutic Recreation 34 807 Benefits Fund 750,358 162 Arts 1,620 812 Fleet Internal Service 60,871 163 Outdoor Center 360 813 IT Internal Service 101,366 164 Park Rental Facilities 157 814 Facilities Capital ISF 18,250 168 Arts Center 731 815 Facilites Operating ISF 31,724 180 Police 27,747 816 Facilites City Center ISF 138,324 184 Fire 25,247 817 Facilites Comm.Center ISF 50,013 186 Inspections 3,414 Total Internal Svc/Agency Funds 1,166,365 200 Engineering 4,718 201 Street Maintenance 116,489 Report Total 3,076,672 202 Street Lighting 499 Total General Fund 453,750 301 CDBG 38,394 303 Cemetary Operation 392 312 Recycle Rebate 5,978 Total Special Revenue Fund 44,764 City of Eden Prairie Council Check Register by GL 10/16/2018 Check# Amount Supplier/Explanation Account Description Business Unit Comments 263318 262,781 HEALTHPARTNERS Accounts Receivable Health and Benefits Premiums Oct 2018 6791 252,347 ULTIMATE SOFTWARE GROUP,THE Federal Taxes Withheld Health and Benefits Payroll taxes PR ending 9.28.18 263364 232,302 THE OSSEO CONSTRUCTION CO.LLC Improvement Contracts Water Capital Elevated Water Tower Rehab 6789 167,506 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA PR ending 09.14.18 263278 145,096 BITUMINOUS ROADWAYS INC Other Contracted Services Street Maintenance 2018 Final Overlay/Red Rock lot rehab 263260 132,675 DISTRICT COURT ADMINISTRATOR Right of Way&Easement General Fixed Asset Account Gr Condemnation deposit for EP Road extension 1020999 110,153 SRF CONSULTING GROUP INC Design&Engineering Escrow Engineering designs-Preserve Blvd,EP road ext Railroad,traffic study. 263534 100,547 HENNEPIN COUNTY TREASURER Licenses,Taxes,Fees City Center-Tenant Cost 2nd half property tax-8080 Mitchell Rd 1020982 90,927 GMH ASPHALT CORPORATION Improvement Contracts Transportation Fund 263533 83,700 HENNEPIN COUNTY COURT ADMINISTRATOR Right of Way&Easement Improvement Projects 2006 1020939 74,486 ODESA II LLC Improvements to Land Capital Maint.&Reinvestment 263329 71,932 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store 6787 63,053 USB-PURCHASING CARD Other Revenue Utility Operations-General 1020929 60,198 GREGERSON ROSOW JOHNSON&NILAN LTD Legal Rehab 263356 51,755 REHBEIN'S AGRICULTURAL SERVICES Lime Residual Removal Water Treatment 263273 44,712 BADGER STATE INSPECTION LLC Design&Engineering Water Capital 263369 44,113 ULTIMATE SOFTWARE GROUP,THE Ultimate(prey.Ceridian) IT Operating 263541 39,070 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store 1020934 33,277 LOGIS LOGIS IT Operating 263338 31,885 MINNESOTA DEPT OF HEALTH Licenses,Taxes,Fees Utility Operations-General 1020923 30,662 DIVERSE BUILDING MAINTENANCE Janitor Service Prairie Village Liquor Store 263485 26,756 ABM ONSITE SERVICES-MIDWEST Janitor Service City Center-CAM 263575 26,163 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store 6798 25,190 EMPOWER Deferred Compensation Health and Benefits 263504 23,180 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store 263540 20,120 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store 263500 19,866 BREAKTHRU BEVERAGE MINNESOTA BEER LLC Liquor Product Received Prairie View Liquor Store 263359 19,355 SOUTHERN GLAZERS WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store 263550 18,700 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating 263310 18,250 FLAG BUILDERS OF MINNESOTA INC Other Contracted Services Facilities Capital 6792 18,083 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits 263529 18,012 GRAYMONT Treatment Chemicals Water Treatment 1020984 15,110 HANSEN THORP PELLINEN OLSON Design&Engineering Park Maintenance 263334 15,000 LAND TITLE INC Refunds CDBG-Public Service 263352 14,336 PRAIRIEVIEW RETAIL LLC Building Rental Prairie View Liquor Store 6780 13,957 I-494 CORRIDOR COMMISSION Deposits 494 Corridor Commission 263280 13,924 BREAKTHRU BEVERAGE MINNESOTA WINE&SPIR Liquor Product Received Prairie View Liquor Store 263351 13,656 PRAIRIE PARTNERS SIX LLP Waste Disposal Prairie Village Liquor Store 6797 13,206 RADIANT SYSTEMS Bank and Service Charges Prairie View Liquor Store 1020980 12,892 CENTERPOINT ENERGY Gas Maintenance Facility 263501 12,482 BREAKTHRU BEVERAGE MINNESOTA WINE&SPIR Liquor Product Received Prairie View Liquor Store 263333 12,116 KRIS ENGINEERING INC Equipment Parts Fleet Operating 263567 12,074 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store 263580 11,212 T J U CONSTRUCTION Other Contracted Services Rehab 1020995 11,150 POMP'S TIRE SERVICE INC Tires Fleet Operating 263491 10,859 AQUATIC RESTORATION SERVICE Improvement Contracts Stormwater Capital 263328 10,792 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store 263565 10,750 PATCHIN MESSNER DODD&BRUMM Right of Way&Easement Improvement Projects 2006 263294 10,168 CORE&MAIN Equipment Parts Stormwater Collection 6778 10,083 FURTHER-AKA SELECT HSA-Employee Health and Benefits 6784 9,136 SAGE PAYMENT SOLUTIONS Bank and Service Charges Wastewater Accounting 263571 9,125 PROP Other Contracted Services Housing and Community Service Check# Amount Supplier/Explanation Account Description Business Unit Comments 1020978 9,022 BIFFS INC Waste Disposal Park Maintenance 263316 8,840 GRAYMONT Treatment Chemicals Water Treatment 263591 8,775 WORKS COMPUTING INC Software Maintenance IT Operating 1020955 8,768 XCEL ENERGY Electric Prairie Village Liquor Store 263270 8,709 AMERICAN ENGINEERING TESTING INC Testing Improvement Projects 2006 263347 8,152 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store 263568 8,040 PRAIRIE MEADOWS LIMITED PARTNERSHIP Right of Way&Easement Improvement Projects 2006 263281 7,909 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store 1020988 7,854 METRO SALES INCORPORATED* Equipment Rentals IT Operating 263570 7,642 PROP Refunds CDBG-Public Service 1020942 7,635 PRAIRIE ELECTRIC COMPANY Other Contracted Services Prairie Village Liquor Store 263289 7,621 COMMERCIAL ASPHALT CO Asphalt Overlay Street Maintenance 263279 7,590 BREAKTHRU BEVERAGE MINNESOTA BEER LLC Liquor Product Received Prairie View Liquor Store 263312 7,200 GILES OUTDOOR SERVICES LLC Other Contracted Services CIP Trails 263380 7,000 TWIN CITIES&WESTERN RAILROAD COMPANY Licenses,Taxes,Fees Transportation Fund 263535 6,902 HENNEPIN COUNTY TREASURER Licenses,Taxes,Fees Capital Impr./Maint.Fund 1020971 6,150 VAN PAPER COMPANY Cleaning Supplies Park Shelters 263489 6,000 AMO ENTERPRISE LLC Other Contracted Services Organizational Services 1020947 5,971 STREICHERS Clothing&Uniforms Police 1020993 5,900 PETERSON BROS ROOFING AND CONSTRUCTION I Contract Svcs-Asphalt/Concr. Fitness/Conference-Cmty Ctr 1021001 5,616 STREICHERS Clothing&Uniforms Police 1020915 5,567 WENCK ASSOCIATES INC Other Contracted Services Stormwater Non-Capital 263272 5,442 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store 263525 5,352 FOTH INFRASTRUCTURE&ENVIRONMENT LLC Other Contracted Services Recycle Rebate 263353 5,350 PREMIER LAKE HARVESTING LLC Other Contracted Services Stormwater Non-Capital 263345 5,183 PAUSTIS&SONS COMPANY Liquor Product Received Prairie View Liquor Store 6788 5,095 FURTHER-AKA SELECT HRA Health and Benefits 263366 4,996 TOWN&COUNTRY FENCE Contract Svcs-General Bldg Police(City Cost) 263322 4,990 HOUSEAL LAVIGNE ASSOCIATES Other Contracted Services Planning 263493 4,975 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store 263527 4,601 GLEN LAKE GOLF Instructor Service Lesson Skills Development 263536 4,533 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store 263551 4,428 METERING&TECHNOLOGY SOLUTIONS Merchandise for Resale Water Metering 263569 4,368 PROP Refunds CDBG-Public Service 263290 4,250 COMMERCIAL REFRIGERATION SYSTEMS INC Repair&Maint-Ice Rink Ice Arena Maintenance 263326 4,250 IRON MALTESE ATHLETICS Health&Fitness Fire 263372 4,178 VALLEY RICH CO INC Equipment Repair&Maint Water Distribution 263544 4,147 LAKE COUNTRY DOOR LLC Equipment Repair&Maint Customer Service 263515 3,983 DEPT OF EMPLOYMENT/ECONOMIC DEVELOPMENT Interest Economic Development Fund 263519 3,937 EMERGENCY AUTOMOTIVE TECHNOLOGY INC Autos Fleet Operating 1020918 3,894 A-SCAPE INC Contract Svcs-Lawn Maint. Building 51 263516 3,790 DUNSMORE ASPHALT INC Seal Coating Street Maintenance 263301 3,789 DPC INDUSTRIES INC Treatment Chemicals Water Treatment 1020994 3,768 PIONEER MANUFACTURING COMPANY Operating Supplies Park Maintenance 263313 3,767 GOPHER SIGN COMPANY Other Contracted Services Heritage Preservation 263588 3,700 WHAT WORKS INC Other Contracted Services Administration 1020920 3,657 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store 263552 3,588 MHSRC/RANGE Tuition Reimbursement/School Reserves 1020977 3,581 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store 1021000 3,544 ST CROIX ENVIRONMENTAL INC OCS-Well Field Mgmt Water Supply(Wells) 263271 3,366 APPLIED ECOLOGICAL SERVICES INC Maintenance Contracts Park Maintenance 1020989 3,300 MINNESOTA ROADWAYS CO Contract Svcs-Asphalt/Concr. Dunn Brothers 1020986 3,273 LOGIS Software Maintenance IT Operating 263496 3,232 BERNICK'S WINE Liquor Product Received Prairie View Liquor Store 1020903 3,217 GREENSIDE INC Contract Svcs-Lawn Maint. City Center-CAM 263505 3,165 CEMSTONE PRODUCTS COMPANY Seal Coating Street Maintenance 1020926 3,026 GENUINE PARTS COMPANY Equipment Parts Fleet Operating Check# Amount Supplier/Explanation Account Description Business Unit Comments 263526 2,997 GEAR WASH LLC Other Contracted Services Fire 1020972 2,874 VINOCOPIA Liquor Product Received Prairie View Liquor Store 263589 2,868 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store 1020975 2,862 A-SCAPE INC Contract Svcs-Lawn Maint. Den Bldg.-CAM 1020985 2,831 HAWKINS INC Treatment Chemicals Water Treatment 263302 2,803 DSO ARCHITECTURE INC Design&Engineering Planning&Development 1020916 2,771 YOUNGSTEDTS COLLISION CENTER Equipment Repair&Maint Fleet Operating 263368 2,640 TYLER TECHNOLOGIES INC Software IT Capital 1020944 2,609 RENDERS INC Chemicals Miller Park 1020940 2,592 PARLEY LAKE WINERY Liquor Product Received Prairie View Liquor Store 263321 2,550 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store 6779 2,504 FURTHER-AKA SELECT FSA-Dependent Care Health and Benefits 6796 2,435 US BANK-CREDIT CARD MERCHANT ONLY Bank and Service Charges Finance 263268 2,425 ADESA MPLS Miscellaneous DWI Forfeiture 263490 2,305 AQUA LOGIC INC Supplies-Pool Pool Maintenance 263566 2,281 PAUSTIS&SONS COMPANY Liquor Product Received Prairie View Liquor Store 6799 2,126 AMERICAN EXPRESS Bank and Service Charges Prairie View Liquor Store 263381 2,092 MINNESOTA DEPARTMENT OF COMMERCE P&R Refunds Water Enterprise Fund 1020981 2,040 ESRI Software IT Operating 263311 1,991 GEAR WASH LLC Other Contracted Services Fire 263492 1,929 ARTEKA OUTDOOR SERVICES Other Contracted Services Street Maintenance 263325 1,908 INTERNATIONAL UNION OF OPERATING Union Dues Withheld Health and Benefits 263373 1,896 VOLUNTEER FIREFIGHTERS BENEFIT ASSN OF M Operating Supplies Fire 263524 1,874 FLEET MAINTENANCE INC Equipment Repair&Maint Fleet Operating 263314 1,839 GOPHER STATE ONE-CALL OCS-Utility Locates Utility Operations-General 263520 1,830 EPAM ROTARY FOUNDATION Deposits Den Road Liquor Store 1020914 1,715 VINOCOPIA Liquor Product Received Prairie View Liquor Store 263309 1,707 FIRE SAFETY USA INC Equipment Parts Fire 263503 1,680 CAMPING WORLD Deposits General Fund 263572 1,679 RAY O'HERRON CO INC Training Supplies Police 1020973 1,623 WENCK ASSOCIATES INC OCS-Monitoring Stormwater Non-Capital 1020927 1,593 GMH ASPHALT CORPORATION Improvement Contracts General Fixed Asset Account Gr 263296 1,565 DAVEY TREE EXPERT COMPANY,THE Other Contracted Services Tree Removal 1021004 1,555 WINE COMPANY,THE Liquor Product Received Prairie View Liquor Store 263337 1,500 MINNESOTA DEPT OF CORRECTIONS STS Other Contracted Services Park Maintenance 263513 1,482 CORE&MAIN Equipment Parts Stormwater Collection 263378 1,481 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store 1020941 1,475 PETERSON BROS ROOFING AND CONSTRUCTION I Contract Svcs-Roof Maintenance Facility 1020952 1,385 WALL TRENDS INC Contract Svcs-General Bldg Ice Arena Maintenance 263261 1,336 M-R SIGN CO INC Signs Traffic Signs 1020906 1,334 LYNDALE PLANT SERVICES Contract Svcs-Int.Landscape City Center-CAM 1020913 1,270 VAN PAPER COMPANY Cleaning Supplies City Center-Tenant Cost 263587 1,245 WATER HEATERS ONLY LLC Supplies-HVAC Fitness/Conference-Cmty Ctr 263375 1,220 WATERGUARDS LLC Other Contracted Services Stormwater Non-Capital 6781 1,204 FIDELITY SECURITY LIFE INSURANCE CO Vision Plan Health and Benefits 263277 1,190 BERNICK'S WINE Liquor Product Received Prairie View Liquor Store 6776 1,164 FURTHER-AKA SELECT Other Contracted Services Health and Benefits 263497 1,116 BLACK STACK BREWING INC Liquor Product Received Prairie View Liquor Store 263319 1,114 HENNEPIN COUNTY FT DEPT Equipment Repair&Maint Public Safety Communications 1020948 1,071 TEE JAY NORTH INC Building Repair&Maint. Prairie Village Liquor Store 263539 1,034 INDEED BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store 1020964 1,025 HACH COMPANY Laboratory Chemicals Water Treatment 263317 1,025 GREAT LAKES COCA-COLA DISTRIBUTION Merchandise for Resale Concessions 263494 1,012 ASPEN MILLS Clothing&Uniforms Inspections-Administration 263358 999 SNAP-ON TOOLS Small Tools Fleet Operating 263323 986 INBOUND BREW CO Liquor Product Received Prairie View Liquor Store 1020904 976 KAPAUN,RYAN Tuition Reimbursement/School Police Check# Amount Supplier/Explanation Account Description Business Unit Comments 263486 973 AGGREGATE INDUSTRIES Asphalt Overlay Stormwater Collection 1020928 959 GRAINGER Safety Supplies Fitness/Conference-Cmty Ctr 1020910 955 ROSE,ALECIA Travel Expense Human Resources 263499 955 BOUND TREE MEDICAL LLC EMS Supplies-EMS Supplies Fire 263528 948 GRAPE BEGINNINGS Liquor Product Received Prairie View Liquor Store 263306 927 EMERGENCY RESPONSE SOLUTIONS Operating Supplies-Station sup Fire 263563 885 ORGANIX SOLUTIONS Waste Disposal City Center-CAM 263560 875 NAC Contract Svcs-HVAC City Center-CAM 263509 867 COMMERCIAL REFRIGERATION SYSTEMS INC Contract Svcs-Ice Rink Ice Arena Maintenance 1020954 863 WINE COMPANY,THE Liquor Product Received Den Road Liquor Store 1020931 862 HORIZON COMMERCIAL POOL SUPPLY Supplies-Pool Pool Maintenance 263276 856 BECKER ARENA PRODUCTS INC Repair&Maint-Ice Rink Ice Arena Maintenance 263582 854 UDOR USA Equipment Repair&Maint Park Maintenance 1020951 826 VISTAR CORPORATION Merchandise for Resale Concessions 1020895 820 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Prairie Village Liquor Store 263315 819 GRAPE BEGINNINGS Liquor Product Received Prairie View Liquor Store 1020935 766 MENARDS Operating Supplies Den Bldg.-CAM 263299 759 DODGE OF BURNSVILLE Equipment Parts Fleet Operating 263558 743 MODIST BREWING COMPANY Liquor Product Received Prairie View Liquor Store 6795 710 FURTHER-AKA SELECT FSA-Medical Health and Benefits 1020953 709 WATSON CO INC,THE Merchandise for Resale Concessions 1020983 707 GRAINGER Safety Supplies City Center-CAM 1020956 689 ZIEGLER INC Equipment Repair&Maint Fleet Operating 263543 685 KENDELL DOORS&HARDWARE INC Supplies-Security Fitness/Conference-Cmty Ctr 1020959 683 BRAUN INTERTEC CORPORATION Testing General Fixed Asset Account Gr 263531 675 HARLEY CONSULTING&COACHING Other Contracted Services Administration 1020937 674 MINNESOTA EQUIPMENT Equipment Parts Street Maintenance 263363 671 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions 263517 658 EAU CLAIRE BREWING PROJECT THE LLC Liquor Product Received Prairie View Liquor Store 263327 651 I-STATE TRUCK CENTER Autos Fleet Capital 263269 641 AIRGAS USA LLC Supplies-Pool Pool Maintenance 263300 634 DOMACE VINO Liquor Product Received Prairie View Liquor Store 263549 619 MACQUEEN EQUIPMENT INC Equipment Parts Wasterwater Collection 263573 610 RED WING BUSINESS ADVANTAGE ACCOUNT Clothing&Uniforms Utility Operations-General 1020974 605 YOUNGSTEDTS COLLISION CENTER Equipment Repair&Maint Fleet Operating 263521 600 FAHEY,MATT L Other Contracted Services Fall Harvest 1020987 597 MENARDS Landscape Materials/Supp Prairie Village Liquor Store 263361 576 STEEL TOE BREWING LLC Liquor Product Received Prairie View Liquor Store 6790 567 ULTIMATE SOFTWARE GROUP,THE Garnishment Withheld Health and Benefits 1020919 563 ASPEN WASTE SYSTEMS INC. Waste Disposal Utility Operations-General 263344 563 OXYGEN SERVICE COMPANY EMS Supplies-Oxygen Supplies Fire 263365 557 TKO WINES,INC Liquor Product Received Den Road Liquor Store 263532 552 HEALTHPARTNERS Employment Support Test Fire 1020925 549 GARTNER REFRIGERATION&MFG INC Contract Svcs-Ice Rink Ice Arena Maintenance 1020976 545 ASPEN WASTE SYSTEMS INC. Waste Disposal Maintenance Facility 1020969 543 THE OASIS GROUP Employee Assistance Organizational Services 263574 535 ROOTSTOCK WINE COMPANY Liquor Product Received Den Road Liquor Store 263284 513 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store 1020902 506 FICCADENTI,JENNY Canine Supplies Police 1020897 494 BERRY COFFEE COMPANY Merchandise for Resale Concessions 263349 493 PITNEY BOWES Postage Customer Service 263339 460 MINNESOTA DEPT OF LABOR AND INDUSTRY Licenses,Taxes,Fees Fire Station#3 263530 454 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Den Road Liquor Store 1020900 452 CUSTOM HOSE TECH Equipment Parts Fleet Operating 263559 450 MUELLER CO Merchandise for Resale Water Metering 1021002 450 TWIN CITY SEED CO Landscape Materials/Supp Capital Maint.&Reinvestment 1020917 427 AMERITRAK Other Contracted Services Snow&Ice Control Check# Amount Supplier/Explanation Account Description Business Unit Comments 263275 425 BARTON SAND&GRAVEL CO Waste Blacktop/Concrete Street Maintenance 263335 410 LANO EQUIPMENT INC Equipment Parts Fleet Operating 263506 405 CENTURYLINK Telephone IT Operating 263548 396 LUPULIN BREWING COMPANY Liquor Product Received Prairie View Liquor Store 263343 392 OUTDOOR ENVIRONMENTS INC Other Contracted Services Pleasant Hill Cemetery 263282 389 CAPREF EDEN PRAIRIE LLC Building Rental Housing and Community Service 263324 385 INDEED BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 263583 382 UNIVERSAL ATHLETIC SERVICES INC Operating Supplies Park Maintenance 263542 381 KEEPRS INC. Clothing&Uniforms Reserves 263298 379 DISCOUNT STEEL INC Operating Supplies Snow&Ice Control 263512 375 CONTINENTAL SAFETY EQUIPMENT Repair&Maint-Ice Rink Ice Arena Maintenance 6785 374 SAGE PAYMENT SOLUTIONS Bank and Service Charges Wastewater Accounting 1020908 373 PARK SUPPLY OF AMERICA INC Supplies-Plumbing Garden Room Repairs 1020967 360 SHAMROCK GROUP,INC-ACE ICE Liquor Product Received Prairie View Liquor Store 1020911 352 SHAMROCK GROUP,INC-ACE ICE Liquor Product Received Prairie View Liquor Store 263484 333 ABLE SEEDHOUSE AND BREWERY Liquor Product Received Den Road Liquor Store 263545 333 LANO EQUIPMENT INC Other Rentals Fleet Operating 6777 325 CARD CONNECT Miscellaneous Community Center Admin 1020936 319 METRO SALES INCORPORATED* Equipment Rentals IT Operating 1020938 313 NORTH CENTRAL LABORATORIES Laboratory Chemicals Water Treatment 1020905 311 LINDAHL,DAVID Travel Expense Economic Development 1020924 307 EDEN PRAIRIE FIREFIGHTER'S RELIEF ASSOC Union Dues Withheld Health and Benefits 1020930 307 HANSEN THORP PELLINEN OLSON Other Contracted Services Capital Maint.&Reinvestment 1020966 299 SACKETT,MATTHEW Travel Expense Police 263297 294 DIAMOND MOWERS INC Equipment Parts Fleet Operating 263507 293 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store 263374 286 WATER CONSERVATION SERVICES INC OCS-Leak Detection Water Distribution 263266 285 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 263342 283 OLSEN'S EMBROIDERY/COMPANY Safety Supplies Fleet Operating 6782 277 US BANK-PAYMODE Bank and Service Charges Finance 1020997 276 RIGID HITCH INCORPORATED Autos Fleet Capital 1020943 266 PREMIUM WATERS INC Operating Supplies-Water Fire 1021003 265 WALL TRENDS INC Contract Svcs-General Bldg Park Shelters 263410 261 FLEISCHAKER MICHAEL AR Utility Water Enterprise Fund 263427 258 KOLKMANN JEAN AR Utility Water Enterprise Fund 263291 252 COMMUNITY HEALTH CHARITIES OF MINNESOTA Charitable Contributions Health and Benefits 263395 250 BROICH WALTER AR Utility Water Enterprise Fund 263402 250 CRUM VICKI AR Utility Water Enterprise Fund 263354 248 PROP-DO NOT USE Charitable Contributions Health and Benefits 1020998 247 SHI CORP Software Engineering 263336 241 LECY BROS HOMES Building Surcharge General Fund 1020932 240 LAWN RANGER,INC,THE Other Contracted Services Park Maintenance 263561 235 NARTEC INC Operating Supplies Police 1020899 234 CLAREY'S SAFETY EQUIPMENT Safety Supplies Fleet Operating 263443 233 PECKHAM MARK AR Utility Water Enterprise Fund 263355 226 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Den Road Liquor Store 263413 225 GINAL STEPHEN AR Utility Water Enterprise Fund 263360 222 SOUTHWEST NEWS MEDIA Legal Notices Publishing City Clerk 263538 210 INBOUND BREW CO Liquor Product Received Prairie View Liquor Store 263585 210 VOLAVKA,LYNDA Other Contracted Services Fall Harvest 263547 207 LIND LARRY Mileage&Parking Water Treatment 1020958 202 AMER PRIDE LINEN&APPAREL SERVICES Janitor Service Prairie View Liquor Store 263398 200 CARLSON ERIC AR Utility Water Enterprise Fund 263264 195 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 263292 188 CONCRETE CUTTING AND CORING Landscape Materials/Supp Street Maintenance 263578 181 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 263379 180 STAAF,CARTER Deposits Escrow Check# Amount Supplier/Explanation Account Description Business Unit Comments 263577 180 STEEL TOE BREWING LLC Liquor Product Received Prairie View Liquor Store 263400 180 CHIODO NICK AR Utility Water Enterprise Fund 1020898 177 CARLSON,KEVIN Mileage&Parking Water Treatment 263417 176 HANKE JONATHAN AR Utility Water Enterprise Fund 1020933 176 LEROY JOB TRUCKING INC Other Contracted Services Animal Control 263293 175 CONTINENTAL SAFETY EQUIPMENT Repair&Maint-Ice Rink Ice Arena Maintenance 263283 171 CENTURYLINK Internet IT Operating 263511 170 CONSTRUCTION MATERIALS INC Operating Supplies Street Maintenance 1020963 169 GEIS,ROB Clothing&Uniforms Police 263350 169 PRAIRIE LAWN AND GARDEN Repair&Maint.Supplies Utility Operations-General 263267 168 ABLE HOSE&RUBBER INC Operating Supplies Park Maintenance 1020907 166 MPX GROUP,THE Printing Police 263303 163 E A SWEEN COMPANY Merchandise for Resale Concessions 263263 160 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 263308 160 ERGOMETRICS Employment Support Test Organizational Services 263396 160 BULLOCK JAMES AR Utility Water Enterprise Fund 263382 159 AHMED AFROZA AR Utility Water Enterprise Fund 1020909 159 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 263274 155 BARTLEY SALES COMPANY INC Supplies-General Bldg Park Shelters 1020965 153 KOTCHEVAR,SUSAN Mileage&Parking Finance 1020950 150 USA SECURITY Maintenance Contracts Utility Operations-General 1020992 144 PARLEY LAKE WINERY Liquor Product Received Prairie View Liquor Store 1020946 143 STERICYCLE INC Other Contracted Services Police 263320 143 HENNEPIN COUNTY TREASURER Software Maintenance IT Operating 263488 140 AMERICAN RED CROSS Training Supplies Pool Operations 1020960 140 CARLSTON,BRANDON Clothing&Uniforms Police 263502 140 BRO-TEX INC Operating Supplies Fleet Operating 263371 138 URBAN GROWLER BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 263346 138 PETSMART Canine Supplies Police 263564 134 OXYGEN SERVICE COMPANY EMS Supplies-Oxygen Supplies Fire 263510 133 CONCRETE CUTTING AND CORING Equipment Parts Fleet Operating 263412 131 GEASON JANELL AR Utility Water Enterprise Fund 1020970 131 URBINA,JAIME Mileage&Parking Den Road Liquor Store 263367 130 TRANSUNION RISK&ALTERNATIVE DATA Other Contracted Services Police 1020996 130 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical Ice Arena Maintenance 1020896 130 BATTERIES PLUS Repair&Maint.Supplies Emergency Preparedness 263451 129 RANK DAVID AR Utility Water Enterprise Fund 263477 128 VIGIL ROBERT AR Utility Water Enterprise Fund 263448 127 RALEY RITA AR Utility Water Enterprise Fund 263581 126 THE ESTATE OF ALLEN A RETZER AR Utility Water Enterprise Fund 1020962 126 FASTENAL COMPANY Safety Supplies Fleet Operating 6794 125 EMPOWER Deferred Compensation Health and Benefits 263377 125 WILLIAMS TIM Other Contracted Services Theatre Initiative 1020901 125 FADDEN,TIMOTHY Operating Supplies Inspections-Administration 263432 124 MCCALLISTER MARK AR Utility Water Enterprise Fund 263584 120 VERIZON WIRELESS Telephone E-911 Program 263390 119 BLOEM DEWAYNE AR Utility Water Enterprise Fund 1020921 118 BOYER TRUCKS Equipment Parts Fleet Operating 263394 118 BRILL,JOHN AR Utility Water Enterprise Fund 263286 112 COMCAST Cable TV Fire 263397 110 BUSS CARRIE AR Utility Water Enterprise Fund 263590 109 WINSUPPLY EDEN PRAIRIE MN CO Operating Supplies Traffic Signals 263370 108 UNITED WAY Charitable Contributions Health and Benefits 263461 106 SELLERS VICKIE AR Utility Water Enterprise Fund 263414 105 GOETZ JEREMY AR Utility Water Enterprise Fund 263498 104 BOSACKER,MIKE Travel Expense Police 1020961 104 DEAN BRYAN Travel Expense Police Check# Amount Supplier/Explanation Account Description Business Unit Comments 263454 103 RODRIGUEZ MARIA AR Utility Water Enterprise Fund 263576 103 STAPLES ADVANTAGE Office Supplies Customer Service 263411 102 FRANK MICHAEL AR Utility Water Enterprise Fund 263376 101 WEMYSS INC Repair&Maint.Supplies Fire 263265 100 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 263586 100 WATCHGUARD VIDEO Capital Under$25,000 Police 263546 98 LAURSEN PIANO SERVICE Other Contracted Services Senior Center Admin 263447 95 PSIHOS ADRIENNE AR Utility Water Enterprise Fund 263475 95 TOLLEFSON JULIE AR Utility Water Enterprise Fund 1020957 95 ADAMS PEST CONTROL INC Contract Svcs-Pest Control Arts Center 1020922 93 CDW GOVERNMENT INC. Operating Supplies IT Operating 1020968 91 SITEONE LANDSCAPE SUPPLY,LLC Landscape Materials/Supp Park Maintenance 263285 91 COMCAST Equipment Repair&Maint E-911 Program 1020990 90 MTI DISTRIBUTING INC Repair&Maint.Supplies Fleet Operating 263435 88 MONSON BRAD AR Utility Water Enterprise Fund 1020991 85 NORTH CENTRAL LABORATORIES Treatment Chemicals Water Treatment 6786 85 SQUARE Bank and Service Charges Community Center Admin 263556 85 MINNESOTA TROPHIES&GIFTS Operating Supplies Park Maintenance 263469 83 STONE SCOTT AR Utility Water Enterprise Fund 1020945 83 STAR TRIBUNE MEDIA COMPANY LLC Dues&Subscriptions Utility Operations-General 263482 79 WORRELL PATRICK AR Utility Water Enterprise Fund 263393 78 BRAATEN ROBERT AR Utility Water Enterprise Fund 263357 78 RIZZO CHLOE Operating Supplies Arts Center 263464 76 SOBEL LARRY AR Utility Water Enterprise Fund 263579 75 SUSA TREASURER Conference/Training Wasterwater Collection 263330 74 KEEPRS INC. Clothing&Uniforms Animal Control 263416 73 HAINES,KATHLEEN AR Utility Water Enterprise Fund 263295 72 CUB FOODS EDEN PRAIRIE Operating Supplies Police 263305 70 EDEN PRAIRIE FOUNDATION Charitable Contributions Health and Benefits 263466 67 SPURWAY JONATHAN AR Utility Water Enterprise Fund 263557 66 MN MAINTENANCE EQUIPMENT INC Equipment Parts Fleet Operating 263481 65 WILSON TODD AR Utility Water Enterprise Fund 263262 64 440400-NCPERS MINNESOTA PERA Health and Benefits 263383 64 ANDERSON JEANNE AR Utility Water Enterprise Fund 263471 64 SUNDET DAVID AR Utility Water Enterprise Fund 263307 63 ENKI BREWING COMPANY INC Liquor Product Received Den Road Liquor Store 263553 60 MID-AMERICA FESTIVALS Deposits Escrow 263460 60 SCHUELKE,THOMAS AR Utility Water Enterprise Fund 263407 59 DOERING DIONNE AR Utility Water Enterprise Fund 1020979 56 BOYER TRUCKS Equipment Parts Fleet Operating 263487 56 ALDEN JOHN Repair&Maint-Ice Rink Pool Maintenance 1020894 55 ADAMS PEST CONTROL INC Contract Svcs-Pest Control Fire Station#1 263288 53 COMCAST Internet IT Operating 263470 52 STURGESS JOHN AR Utility Water Enterprise Fund 263458 52 SCHMIT RYAN AR Utility Water Enterprise Fund 263421 52 HUYNH DAN AR Utility Water Enterprise Fund 263523 52 FIRE SAFETY USA INC Protective Clothing Fire 263537 52 HUNTER YOLANDA Tuition Reimbursement/School Fitness Classes 263483 50 ZENG HUI AR Utility Water Enterprise Fund 263430 50 MACK JEFF AR Utility Water Enterprise Fund 263479 50 WEBB ERIC AR Utility Water Enterprise Fund 263444 49 PORSPAKKA BECKY AR Utility Water Enterprise Fund 263434 47 MENG,JIANCHUN AR Utility Water Enterprise Fund 263404 45 DELIE DAN AR Utility Water Enterprise Fund 263287 45 COMCAST Cable TV Fire 263384 45 BAISCH JAMES AR Utility Water Enterprise Fund 263415 44 HACKING ALISSIA AR Utility Water Enterprise Fund Check# Amount Supplier/Explanation Account Description Business Unit Comments 263446 44 PREWITT CYNTHIA AR Utility Water Enterprise Fund 263440 44 OLSON,JAVIN AR Utility Water Enterprise Fund 263304 42 EDEN PRAIRIE CRIME PREVENTION FUND Charitable Contributions Health and Benefits 263456 41 SAUVAGEAU ROBERT AR Utility Water Enterprise Fund 263522 40 FASTSIGNS Operating Supplies Internal Events 263467 39 STENOIEN,KRISTEN AR Utility Water Enterprise Fund 263562 37 OLSON,ROBERT Mileage&Parking Police 263428 35 KORTE JESSICA AR Utility Water Enterprise Fund 263348 33 PINE PRODUCTS INC Landscape Materials/Supp Capital Maint.&Reinvestment 263514 32 CUB FOODS EDEN PRAIRIE Operating Supplies Police 263437 31 NELSON CHRIS AR Utility Water Enterprise Fund 263452 30 RHODY SCOTT AR Utility Water Enterprise Fund 263457 30 SCHMIDT BARBARA AR Utility Water Enterprise Fund 6783 29 SAGE PAYMENT SOLUTIONS Bank and Service Charges Historical Culture 263391 29 BLYAKHMAN ALEX AR Utility Water Enterprise Fund 263388 29 BENDER ANDREW AR Utility Water Enterprise Fund 263422 27 JOHNK RYAN AR Utility Water Enterprise Fund 263508 27 COMCAST Other Contracted Services Police 263433 27 MCDONNELL GREG AR Utility Water Enterprise Fund 263362 26 STERLING FENCE INC Operating Supplies Park Maintenance 263468 26 STOKKE RICHARD AR Utility Water Enterprise Fund 263441 25 OOI HOUG AR Utility Water Enterprise Fund 263387 24 BATTINA BRYAN AR Utility Water Enterprise Fund 263465 23 SOPAL PHO/CO WEICHERT WORKFORCE MOBILITY AR Utility Water Enterprise Fund 263480 23 WILLEMS,MATT AR Utility Water Enterprise Fund 263554 23 MINNESOTA DEPT OF HEALTH Licenses,Taxes,Fees Water Distribution 263403 22 DEBROUX JUSTIN AR Utility Water Enterprise Fund 263408 21 EVANS DAVID AR Utility Water Enterprise Fund 263405 20 DENNISON GARY AR Utility Water Enterprise Fund 263463 19 SIPPRELL GENE AR Utility Water Enterprise Fund 263425 19 KELLNER JENNA AR Utility Water Enterprise Fund 263409 17 FITZ KELLY AR Utility Water Enterprise Fund 263420 17 HORECKA DALE AR Utility Water Enterprise Fund 263445 17 PREMIUM PROPERTY GROUP INC AR Utility Water Enterprise Fund 1021005 17 XCEL ENERGY Gas Wastewater Lift Station 263389 17 BERGLUND SONIA AR Utility Water Enterprise Fund 263340 16 MINNESOTA TROPHIES&GIFTS Operating Supplies Police 263436 16 NELSON AMY AR Utility Water Enterprise Fund 263474 16 THE ESTATE OF DIANE M GOTHAM AR Utility Water Enterprise Fund 263450 16 RANCK CHERYL AR Utility Water Enterprise Fund 263426 14 KLOECKNER LIMITED PARTNERSHIP AR Utility Water Enterprise Fund 263442 14 PATZLAFF JENNIFER AR Utility Water Enterprise Fund 263392 14 BOSSEY JOSEPH AR Utility Water Enterprise Fund 263331 14 KNOX TIMOTHY AR Utility Water Enterprise Fund 263453 14 RIVER T LLC AR Utility Water Enterprise Fund 263455 14 ROSSI MARK AR Utility Water Enterprise Fund 263423 13 JOHNSON,WENDY AR Utility Water Enterprise Fund 263332 13 KREGER MATTHEW AR Utility Water Enterprise Fund 263385 12 BARDZINSKI ANTHONY AR Utility Water Enterprise Fund 263459 11 SCHMITZ JANE AR Utility Water Enterprise Fund 263419 10 HEIN MATTHEW AR Utility Water Enterprise Fund 263473 10 TAYLOR,JARED M AR Utility Water Enterprise Fund 263341 10 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Riley Creek Woods 263399 10 CAVELLO EDWARD AR Utility Water Enterprise Fund 263424 10 KAPSNER JEAN AR Utility Water Enterprise Fund 263439 10 OLSON REBECCA AR Utility Water Enterprise Fund 263476 10 VIDMAR,ED AR Utility Water Enterprise Fund Check# Amount Supplier/Explanation Account Description Business Unit Comments 263431 9 MAUER JAMES AR Utility Water Enterprise Fund 263418 9 HANSON KARI AR Utility Water Enterprise Fund 263438 9 OLSON DAVID AR Utility Water Enterprise Fund 263429 9 KUE MACIE AR Utility Water Enterprise Fund 263449 8 RALPH HOFFMANN C/O AMY JARVIS AR Utility Water Enterprise Fund 263401 8 COOPER ROBYN AR Utility Water Enterprise Fund 263495 8 BANCROFT KARA AR Utility Water Enterprise Fund 263472 8 SYVERTSEN GARY AR Utility Water Enterprise Fund 263386 7 BARLOW CARMEN AR Utility Water Enterprise Fund 263478 7 VON STEINBERGS LISL AR Utility Water Enterprise Fund 263462 6 SHEIREN FARAG EL MASSAH AR Utility Water Enterprise Fund 1020949 5 UPS Postage Human Resources 263406 5 DESAI STACY AR Utility Water Enterprise Fund 263518 5 EDEN PRAIRIE FOOD SERVICES Operating Supplies Internal Events 263555 5 MINNESOTA DEPT OF PUBLIC SAFETY Operating Supplies Trips 3,076,672 Grand Total City of Eden Prairie Purchasing Card Payment Report 10/16/2018 Amount Account Description Business Unit 6,145 Building Surcharge General Fund 3,700 Software/Hardware Maint. IT Operating 3,616 Operating Supplies Fire 2,826 Software/Hardware Maint. IT Operating 2,700 Operating Supplies Riley Lake 2,591 Miscellaneous Internal Events 2,118 Mechanical Surcharge General Fund 1,921 Operating Supplies Fire 1,275 Miscellaneous Internal Events 1,165 Special Event Fees Senior Center Programs 1,140 Software/Hardware Maint. IT Operating 995 Software/Hardware Maint. IT Operating 995 Dues&Subscriptions Facilities Staff 946 Equipment Parts Water Treatment 927 Plumbing Surcharge General Fund 805 Computers Utility Operations-General 800 Conference/Training Utility Operations-General 786 Signs Staring Lake 740 Tuition Reimbursement/School Police 740 Tuition Reimbursement/School Police 733 Other Contracted Services Community Center Admin 700 Tuition Reimbursement/School Police 700 Tuition Reimbursement/School Police 700 Tuition Reimbursement/School Police 700 Travel Expense Community Development Admin. 625 Tuition Reimbursement/School Police 545 Conference/Training Engineering 516 Travel Expense Communications 512 Licenses,Taxes,Fees Fitness Classes 512 Licenses,Taxes,Fees Fitness Classes 500 Conference/Training Fire 485 Capital Under$25,000 Recycle Rebate 460 Deposits Escrow 453 Operating Supplies Community Center Admin 435 Operating Supplies Community Center Admin 432 Clothing&Uniforms Ice Operations 405 Bank and Service Charges Den Road Liquor Store 387 Deposits Escrow 376 Travel Expense Community Development Admin. 375 Tuition Reimbursement/School Police 374 Office Supplies Police 360 Conference/Training Street Maintenance 358 Operating Supplies Ice Operations 356 Operating Supplies Engineering 355 Conference/Training Fire 347 Dues&Subscriptions Fire 343 Conference/Training Community Center Admin 343 Conference/Training Recreation Admin 334 Dues&Subscriptions Communications 330 Equipment Repair&Maint Water Distribution 322 Safety Supplies Pool Operations 321 Conference/Training Police 315 Tuition Reimbursement/School Police 315 Miscellaneous Police 300 Tuition Reimbursement/School Utility Operations-General 300 Clothing&Uniforms Concessions 300 Conference/Training Assessing Amount Account Description Business Unit 300 Dues&Subscriptions Fire 300 Fire Prevention Supplies Fire 299 Capital Under$25,000 Staring Lake Concert 299 Training Supplies Police 290 Operating Supplies Riley Lake 280 Tuition Reimbursement/School DWI Forfeiture 275 Dues&Subscriptions Communications 272 Tuition Reimbursement/School Police 271 Operating Supplies Pool Operations 257 Bank and Service Charges Prairie View Liquor Store 255 Licenses,Taxes,Fees Utility Operations-General 250 Operating Supplies Concessions 225 Operating Supplies Fire 220 Employee Award Organizational Services 219 Dues&Subscriptions Human Resources 207 Operating Supplies Youth Programs Admin 202 Miscellaneous City Council 200 Conference/Training Communications 200 Operating Supplies Arts Center 200 Conference/Training Heritage Preservation 192 Bank and Service Charges Prairie Village Liquor Store 190 Operating Supplies Day Care 184 Miscellaneous City Council 170 Conference/Training Finance 161 Software/Hardware Maint. IT Operating 150 Special Event Fees Trips 150 Equipment Parts Fleet Operating 149 Conference/Training Fire 145 Small Tools Fleet Operating 145 Merchandise for Resale Concessions 140 Dues&Subscriptions Communications 140 Process Control Equipment IT Operating 140 Operating Supplies Arts Center 139 Operating Supplies Day Camp 138 Tuition Reimbursement/School Police 135 Building Materials Capital Maint.&Reinvestment 134 Operating Supplies Gymnasium(CC) 134 Bank and Service Charges Community Center Admin 133 Operating Supplies Camps 131 Merchandise for Resale Concessions 130 Operating Supplies Teen Programs 130 Merchandise for Resale Concessions 127 Operating Supplies Theatre Initiative 127 Employee Award Organizational Services 125 Miscellaneous Parks Administration 123 Software IT Capital 123 Operating Supplies Youth Programs Admin 121 Operating Supplies Lesson Skills Development 120 Operating Supplies Arts Center 116 Miscellaneous Elections 114 Safety Supplies Utility Operations-General 110 Operating Supplies Fitness Center 107 Capital Under$25,000 Recycle Rebate 106 Operating Supplies Youth Programs Admin 105 Tuition Reimbursement/School Police 105 Operating Supplies Fire 100 Special Event Fees Senior Center Programs 100 Operating Supplies Youth Programs Admin 97 Merchandise for Resale Concessions 96 Operating Supplies IT Operating 95 Operating Supplies Police Amount Account Description Business Unit 95 Building Materials Park Maintenance 91 Process Control Equipment IT Operating 90 Conference/Training Planning 90 Repair&Maint. Supplies Wasterwater Collection 87 Small Tools Water Metering 85 Operating Supplies Arts Center 85 Operating Supplies Special Events Admin 85 Operating Supplies IT Operating 85 Office Supplies Police 83 Merchandise for Resale Concessions 80 Operating Supplies Fire 80 Equipment Parts Fleet Operating 77 Building Materials Outdoor Center 75 Miscellaneous Elections 75 Tuition Reimbursement/School Police 75 Conference/Training Community Center Admin 73 Merchandise for Resale Concessions 70 Miscellaneous City Council 70 Conference/Training Day Care 70 Conference/Training Engineering 70 Software/Hardware Maint. IT Operating 70 Fire Prevention Supplies Fire 69 Tuition Reimbursement/School Police 69 Tuition Reimbursement/School Police 69 Tuition Reimbursement/School Police 69 Tuition Reimbursement/School Police 65 Operating Supplies Special Events Admin 63 Process Control Equipment IT Operating 62 Operating Supplies Outdoor Center 61 Operating Supplies Community Center Admin 60 Operating Supplies Youth Programs Admin 60 Operating Supplies Den Road Liquor Store 59 Dues&Subscriptions Communications 56 Repair&Maint. Supplies Water Distribution 56 Operating Supplies Senior Center Admin 54 Process Control Equipment IT Operating 54 Operating Supplies Theatre Initiative 54 Operating Supplies Senior Center Admin 54 Operating Supplies Fire 53 Operating Supplies Fire 52 Operating Supplies Park Maintenance 50 Operating Supplies Day Care 49 Operating Supplies Outdoor Center 49 Deposits Escrow 49 Bank and Service Charges Community Center Admin 49 Merchandise for Resale Concessions 48 Operating Supplies Pool Lessons 47 Operating Supplies IT Operating 46 Operating Supplies IT Operating 45 Operating Supplies Park Facilities 45 Deposits Escrow 44 Tuition Reimbursement/School Police 44 Operating Supplies Outdoor Center 43 Operating Supplies Park Facilities 43 Operating Supplies IT Operating 42 Operating Supplies Day Care 42 Operating Supplies Prairie Village Liquor Store 42 Operating Supplies Prairie View Liquor Store 41 Operating Supplies Fitness Center 41 Repair&Maint. Supplies Fitness/Conference-Cmty Ctr 40 Operating Supplies Park Facilities Amount Account Description Business Unit 40 Operating Supplies Community Center Admin 40 Miscellaneous Internal Events 39 Motor Fuels Fleet Operating 38 Clothing&Uniforms Theatre Initiative 37 Operating Supplies Special Events Admin 37 Operating Supplies Day Care 36 Merchandise for Resale Concessions 36 Operating Supplies Youth Programs Admin 35 Merchandise for Resale Concessions 35 Tuition Reimbursement/School Fitness Classes 35 Conference/Training Community Center Admin 35 Miscellaneous Parks Administration 35 Operating Supplies IT Operating 34 Operating Supplies New Adaptive 34 Computers Utility Operations-General 34 Capital Under$25,000 Recycle Rebate 33 Clothing&Uniforms Theatre Initiative 32 Motor Fuels Fleet Operating 31 Operating Supplies Community Center Admin 31 Clothing&Uniforms Theatre Initiative 30 Operating Supplies Community Center Admin 30 Clothing&Uniforms Theatre Initiative 30 Merchandise for Resale Concessions 29 Operating Supplies Park Facilities 28 Operating Supplies Arts Center 27 Merchandise for Resale Concessions 27 Operating Supplies Day Care 26 Special Event Fees Senior Center Programs 26 Operating Supplies Outdoor Center 26 Merchandise for Resale Concessions 26 Operating Supplies Arts Center 26 Office Supplies Arts Center 25 Travel Expense Communications 25 Operating Supplies Day Care 24 Operating Supplies Theatre Initiative 24 Merchandise for Resale Concessions 23 Deposits Escrow 23 Miscellaneous Elections 22 Conference/Training Utility Operations-General 22 Dues&Subscriptions Communications 22 Deposits Escrow 22 Operating Supplies Outdoor Center 21 Operating Supplies Street Maintenance 21 Operating Supplies Outdoor Center 21 Operating Supplies Outdoor Center 20 Building Materials Outdoor Center 20 Conference/Training Finance 20 Operating Supplies Outdoor Center 20 Software/Hardware Maint. IT Operating 19 Operating Supplies IT Operating 19 Merchandise for Resale Concessions 19 Operating Supplies Outdoor Center 19 Operating Supplies Fitness Classes 19 Employee Award Organizational Services 19 Computers IT Operating 19 Operating Supplies Outdoor Center 18 Process Control Equipment IT Operating 18 Operating Supplies Youth Programs Admin 18 Operating Supplies Day Care 17 Miscellaneous City Council 16 Operating Supplies Pool Operations Amount Account Description Business Unit 16 Operating Supplies Den Road Liquor Store 16 Chemicals Round Lake 16 Operating Supplies Outdoor Center 16 Operating Supplies Police 15 Clothing&Uniforms Theatre Initiative 15 Operating Supplies Police 15 Operating Supplies Arts Center 15 Operating Supplies Day Camp 14 Motor Fuels Fleet Operating 14 Operating Supplies Reserves 14 Miscellaneous Elections 14 Operating Supplies Outdoor Center 14 Office Supplies Elections 13 Operating Supplies Outdoor Center 12 Miscellaneous City Council 11 Merchandise for Resale Concessions 11 Operating Supplies Lesson Skills Development 11 Operating Supplies Day Care 11 Repair&Maint. Supplies Water Treatment 11 Software IT Operating 11 Operating Supplies Basketball 10 Operating Supplies Theatre Initiative 10 Deposits Escrow 10 Deposits Escrow 10 Operating Supplies Special Events Admin 10 Operating Supplies Community Center Admin 10 Operating Supplies Police 10 Operating Supplies Staring Lake Concert 9 Operating Supplies Theatre Initiative 9 Clothing&Uniforms Theatre Initiative 9 Operating Supplies Arts Center 9 Operating Supplies Outdoor Center 8 Operating Supplies Camps 7 Clothing&Uniforms Animal Control 7 Operating Supplies Youth Programs Admin 6 Operating Supplies Theatre Initiative 6 Office Supplies Elections 6 Office Supplies Elections 6 Operating Supplies Staring Lake 6 Operating Supplies Outdoor Center 5 Repair&Maint. Supplies Miller Park 5 Operating Supplies Youth Programs Admin 5 Deposits Escrow 5 Operating Supplies Day Care 5 Clothing&Uniforms Theatre Initiative 5 Repair&Maint. Supplies Fire 4 Operating Supplies Arts Center 4 Miscellaneous Elections 4 Operating Supplies Special Events Admin 4 Operating Supplies Day Camp 4 Equipment Parts Utility Operations-General 3 Operating Supplies Birthday Parties 2 Merchandise for Resale Concessions 2 Deposits Escrow 2 Operating Supplies Wine Club/Events -5 Deposits Escrow -16 Clothing&Uniforms Theatre Initiative -23 Deposits Escrow -49 Deposits Escrow -60 Operating Supplies Senior Center Admin -144 Dues&Subscriptions Communications Amount Account Description Business Unit -155 Miscellaneous Internal Events -184 Other Revenue General Fund -350 Tuition Reimbursement/School Police -375 Tuition Reimbursement/School Police -460 Deposits Escrow -4,613 Other Revenue General Fund 63,053 CITY COUNCIL AGENDA DATE: SECTION: Reports of Council Members October 16, 2018 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: City Council Kopesky Addition Trail XIV.A.1. Requested Action Move to: 1. Reaffirm the decision to install the trail extension; or 2. Eliminate the trail extension, vacate the trail easement, and amend the development agreement to remove the trail installation requirement; or; 3. Maintain trail easement, defer the installation of the trail to an undetermined future date, and amend the development agreement to relieve the developer of the responsibility of constructing the trail. Synopsis Residents living near the Kopesky Addition have requested the City Council reconsider the installation of a trail from the end of the cul-de-sac on Dove Court to Dell Road. Three options available to the Council are detailed above. Background Information A public hearing was held on April 18, 2017 for a planned unit development concept review, 1st Reading of an ordinance for planned unit development district review with waivers, and zoning district change for the Kopesky Addition. After the public hearing was closed the Kopesky Addition was approved with an amendment that a trail extension be installed to Dell Road. On May 16, 2017, representatives from the Kopesky Addition requested the City Council to reaffirm the decision to install the trail extension. The City Council reaffirmed that decision. Attachments Cheryl White Handout Activity Near Dell Road Neighborhood Trail Extensions Eden Prairie City Council Meeting Tuesday, October 2, 2018 Request for Reversal of Council's Decision: Path from Dell Road to Dove Court Cul-de-sac Good evening, Mayor and Council Members. I am representing the affected residents who oppose the Council's decision to have a "path" constructed connecting the east side of Dell Road to the new Dove Court cul-de-sac. Although this may appear to you as an 11th hour request, since the construction has already begun, from our perspective we weren't aware that the clock had even started. Although HTPO did poll some of the residents regarding their opinion about the path in April and May, 2017 timeframe, there was no final communication by either the City of Eden Prairie, the developer or the developer's representative that the City Council had, independently, made the decision to require the developer to construct a "path" connecting the sidewalk on the east side of Dell Road (through the Kopesky property, between lots 2 and 3) to the Dove Court Cul-de-sac. It was a complete surprise to all of us (who just discovered this very recently when we observed the staked "path" on the Kopesky property) that this was approved, since our belief was that the "path" was NOT going to be constructed based on the Council meetings in April, 2017 and May, 2017. It could be argued about whose responsibility it was to communicate this decision, but that is beside the point of this request. We do understand and support the Council's goal to connect neighborhoods, but for the following reasons are requesting that the City Council make an exception and reverse its decision to have this specific "path" constructed. • We believe this "path" creates a safety issue. There are no sidewalks on Dove Court or Drexel Court, therefore this requires those pedestrians using the new "path" from Dell Road via Dove Court and Drexel Court to walk in the street in order to reach W. 82nd Street; • There is no logical/safe crossing to/from the west side of Dell Road to the "path". We believe this would encourage even more jay walking to access the "path" from the west side of Dell Road rather than continuing a block south on Dell Road to use the safe crosswalk at W. 82nd Street. (The residents, Eden Prairie Police and probably most of you on the Council are well aware that Dell Road is a virtual race track between Hwy 212 and Hwy 5 since few drivers adhere to the 35 MPH speed limit. This creates even further risk to those jay walking from the west side of Dell Road attempting to accessing the "path".); • In addition, at the point where the "path" connects to the Dell Road sidewalk, there are 5 lanes of traffic: two lanes northbound, two lanes southbound and one left turn lane adjacent to the southbound lanes; • The "path" provides quick and easy access for those that have less than honorable motives into a neighborhood that has been, until now, a quiet and safe neighborhood. As you may be aware, Police advise that crime is exacerbated when there is easy and quick access. • During the development of the Dove Court cul-de-sac there currently is, and will continue to be, heavy construction traffic as homes are built. This could take years. The lots have already been for sale for several years, yet 4 of the 5 lots are still unsold. Is the Council really willing to risk adding additional pedestrians and bike traffic through a construction zone where most construction workers are wearing hard hats? And for an undetermined period of time? (When going to my mailbox on 9/18, I was almost hit by a speeding semi-truck on Dove Court that had just delivered sheetrock to Lot 1.) • The "path" is not necessary. W. 82nd Street has sidewalks (for safe use by pedestrians) and is located about a block south of this "path" entrance on Dell Road. Note that W. 82nd essentially runs parallel to Dove Court with only one lot depth difference between the two streets; • Neither Dove Court or Drexel Court are access points for any trail system connection. W. 82nd Street is a much more direct connection to the trail system; • The Council continues to refer to "connecting communities" What about respecting existing communities? Two of the five the new lots in the Dove Court cul-de-sac have backyards adjacent to Dell Road, so they can access the Dell Road sidewalk via their own property. A home is being built on Lot 1 (not backing up to Dell Road) and that owner is also opposed to the "path". The majority of current residents oppose the "path" (please see the last page for names and addresses). Base on conversations, some Council members appear to me more concerned about future residents than those of us who are current tax-paying constituents. • The "path" adds unnecessary maintenance (therefore cost) for the City of Eden Prairie; • Finally, we are all supportive of the rapid sale and construction of homes on the Kopesky cul-de-sac lots so that we can get back to our safe and quiet neighborhood; a neighborhood I have enjoyed for 17 years. We believe that the ability to sell the lots adjoining the public "path" will be compromised, delay the sale of these lots and slow down the development. Reversal Process: I spoke with Rick Getschow (City Manager) and Robert Ellis (Public Works Director) on September 19th about the process required to implement a reversal of the Council's decision. My understanding of the process, based on this conversation, follows. Although, I understand that a reversal has never occurred, we are confident that the process is not the justification for not doing the "right thing" for the residents of this neighborhood and reversing the decision. 1.Development agreement would be amended by the City Council and re-recorded in Hennepin County. 2.Vacating the trail easement would be approved by the City Council and the action would be re-recorded in Hennepin County. 3. Property plans will have to be reworked without the trail and re-recorded with Hennepin County. Respectfully, we request that the Council reverse its decision. We believe this information, perhaps not all available at the time of the Council vote, provides justification for the reversal. One final thought -- This "asphalt path" is really adding salt to the wound with the Council's approval to allow the developer to essentially level beautifully wooded acreage under the justification of "development". Rather than additional asphalt, wouldn't it be more in the interest of the whole of Eden Prairie constituents to add trees to this barren landscape? Thank you, Neighbors Opposed: Cheryl White (17-year resident and original owner of 18281 Dove Court property) Jonathan and Laura Leigh Wilson (18242 Dove Court) Tes and Steve Davies (18290 Dove Court) Christi and Dale Porter (18194 Dove Court) Rick and Laura Wall (18266 Dove Court) Peter and Kristen Martin (18254 West 82nd Street) Karl and Sara Hemmesch (18120 West 82nd Street) Andrew and Betsy Hedberg (18210 West 82nd Street) Nick and Lorrie Rogge (8197 Drexel Court) Mitra and Greg Murphy (new owners building lot 1 in Dove Court cul-de-sac) Neighbors notified, but no response: Mark and Pamela Golenzer (18218 Dove Court) 18166 West 82nd Street 8185 Drexel Court f� p0LiC£ Memorandum �71,•1Pr I LY115IVSr:E To; Public Works Director Robert Ellis EDEN From: Police Chief Greg Weber PRAIRIE MINNEsc. Date: October 9, 2018 Subject: Dell Road Trail At the October 2, 2018 City Council meeting, the council discussed a proposal to extend a trail from Dell Road to Dove Court. A resident from Dove Court had raised safety concerns about the proposed trail connection and the council directed the police department to review the concern. Our analyst pulled crash and crime data from 2016 to present, both citywide and in the Dell Road area, and found no correlation between city trails and the rate of crashes and crime. In regards to crashes, our analyst reviewed cars vs. pedestrians, cars vs. bikes, overall crashes and traffic stops along Dell Road_ When looking at crime, we reviewed tampers with autos, residential burglaries, stolen vehicles, and robberies. In all cases, we found that the data does not support the idea that the presence of trails increases the amount of crashes or crimes. Please let me know if you need anything further on this. Crashes by Year 2016 - 2018 ► Va . ,,,..„ `ti , rtfi ;as ! I�k..rf_, �. amity d.414, it T u`(f r {- - .4t� li' • _ . „_ a 1, 4�I . • W 1 � }'. rie _ --• . 0.0„40 ._',3 t i d 4-4 -ii 0 ., ,-- . Iti $ 1 - ..,,, A , i . ,, -,.. ‘ . , , _. ., i � F "}} d t / �r�.� r _ ^� "�� , '.( _' . ' ram } 1 l ', rr. _ : ' of# * *d* ir Rix � _ ,a l' - - =4.11, ,04' " AS.'V V cip I 44(takt" -4--: a Ifr iirr& . • _ , •Z., .+84.14 '11/ IONA ' - •. r: "iv -., .sa4imp - . fto iimaidi 1111111k-,;In._, .......M1 -----):" ., Itah& -.li _II .4. 2016 2017 2018 (1255 crashes) (1365 crashes) (903 crashes) Eden Prairie Police Department 2 Crashes by Year 2016 — 2018 ( In the area of Dell Rd . ) Ni ..... � 9 i r, i !:212 9 or I _,,-',- -- 7 I ..,, ri, , ___ _i_ a y) . 1... ,--,_. • , A 1 p I.P.S.'-. _1 / r r' � Ai . y>` a � —' I .0.- 'iii! ,7, :46 -13,0 '. . •',001 lilac. 'It'''' #1411111HP 111 ..atualMIN. IA 2016 2017 2018 Eden Prairie Police Department 3 Crashes : Car vs . Bike 2016 - 2018 BB /4 1 t• FEronline-Rd--- iW6:5165[ •®G,p$stawn.Hwy ' .r,. _ _ 1� . i . N of ' 8 V Q. y aL' CTv r. 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'.f9-i'•r•.p.I,AvLA,$.t,, 9 1vA42)rI..:,A 4,p.-0.Y,,:a.,rrm.•Li1r Q 49 ,1kt. 1 • 4 4 0 t . , . 0 , l4frL i ii :---._ ., , silo .7,&.. r A -, ii...'.'ott. . - , :' .ik, ,- . -at. 64.1k-44b• Ito irl, 1 gil Ir&!' t. -.L ak - 0 'ION 1 - - •z • _allisilab: .-4; lird!...1 2016 2017 2018 (250 tampers) (295 tampers) (157 tampers) Eden Prairie Police Department Residential Burglaries Year 2016 - 2018 .} kl 1.-- , 4,..,- 4p.1x Pamir r ;'Y r�, ��., - 1 w4 �.�\ ate: �• , .:- 4\\c i\; *.. . ,. e 4r� tia' - F 7 ,-"r°'91'6' ' ,--:1 c4 - F II.-_7it 6,, A f . ► - fir- _ :4 \ ° - . . ,.,.. _1 I i 1:7 - \ ip I . _.4it, _ 111215r.r., ' 7 , e..,,,' IIP . ,. ,`„.._ it. ' - % ---.1 , - ' .- .r 4, ,, . _ . _ .,,. gli, . . _. _ ,___ _,1211:,. 110 II Ai. • •:,-,',.- ''' .., . ' gr"bk! '- ' 116414 ,fr-41k '' 91 ". IMIPT,,,,•„. - • 9 '--' :--,. ...,e,,, .-,'', ....e.,4:____, ;iv - ;., ,.. 9 i., 4--. # ri. 9,- cti ' r,: i 414 /#14:11* , liii; . . ._, ,. IP., ,, iiiii lek-44 - .' r-iviiii 'elailtk.1111111: allie-1111kb.1116111- .1 Irldi.k"it -4111111111111111 -: ' 5, 2016 2017 2018 (80 burglaries) (47 burglaries) (39 burglaries) Eden Prairie Police Department Stolen Vehicles 2016 - 2018 2:70 If- el. 1,4 r ■ Alle . . 1;7— 14:$11q. • 9.440;-‘4, tetki. 1 e. '- I 111111,_AH 4j4 :t_ 111r17"gille— (146 stolen vehicle reports) (88 were actually stolen) Eden Prairie Police Departmell, 9 Robberies 2016 - 2018 . 61,,...w.7.7082,.41,11 .Tn% /;-j...2a., k-Tr ...,.4 r , :. ... .._... .a... . dr.,.._ a.. .1...iirip, _,.. 0: i .. -- .,7.-- ., i tdi --- - -. ,_ ,cY a ,-. • -' • . i - ----•-.:-.. _Apr.- • • . _olt. ''''1 'L 1- '47-7;;7.' '," ..-7 ' 'Iiir 11.` ili) •'•• -•-•-' • 1;;:,.,. I r { -'• .t ').., '•}" 1 i • t . • • .iffigA .. . '. ').-. • . , iii. .'.411 ,.. .• 7 _ • i 1 '7..• l'ii1L- - :., 4,- ii.,J.._ 2.1 .--s i Ill 41111110 611 •L 4 .,..-., z.L. 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