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City Council - 01/22/2019
AGENDA CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY,JANUARY 22, 2019 CITY CENTER 5:00—6:25 PM, HERITAGE ROOMS 6:30—7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Ron Case, Council Members Brad Aho, Kathy Nelson, Mark Freiberg, and PG Narayanan CITY STAFF: City Manager Rick Getschow, Police Chief Greg Weber, Interim Fire Chief Kevin Schmieg, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, Administrative Services/HR Director Alecia Rose, Communications Manager Joyce Lorenz, City Attorney Ric Rosow, and Recorder Katie O'Connor Workshop-Heritage Rooms I and II(5:00) I. COMMISSION WORK PLANS A. CONSERVATION COMMISSION B. FLYING CLOUD AIRPORT ADVISORY COMMISSION C. HUMAN RIGHTS & DIVERSITY COMMISSION D. HERITAGE PRESERVATION COMMISSION E. PARKS,RECREATION & NATURAL RESOURCES COMMISSION F. PLANNING COMMISSION Open Podium - Council Chamber (6:30) II. OPEN PODIUM A. BOB ADOMAITIS —LAKE RILEY ZEBRA MUSSELS III. ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,JANUARY 22, 2019 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Ron Case, Council Members Brad Aho, Kathy Nelson, Mark Freiberg, and PG Narayanan 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. SWEARING IN OF COUNCIL MEMBER NARAYANAN IV. OPEN PODIUM INVITATION V. PROCLAMATIONS /PRESENTATIONS A. DR. MARTIN LUTHER KING,JR. PROCLAMATION VI. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VII. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY,DECEMBER 4, 2018 B. CITY COUNCIL MEETING HELD TUESDAY, DECEMBER 4, 2018 C. COUNCIL WORKSHOP HELD TUESDAY, JANUARY 8, 2019 D. CITY COUNCIL MEETING HELD TUESDAY, JANUARY 8, 2019 VIII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS IX. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. ABRA AUTO BODY by Oppidan Inc. Second Reading of an Ordinance for Zoning District Change from C-COM to I-2 on 2.98 acres; Resolution for Site Plan Review on 2.98 acres; Resolution for Preliminary Plat of three lots into one lot on 2.98 acres. (Ordinance for Zoning Change; Resolution for Site Plan Review; Resolution for Preliminary Plat) CITY COUNCIL AGENDA January 22, 2019 Page 2 C. EDEN BLUFF 4TH ADDITION (CH ROBINSON)by Pope Architects. Second Reading of an Ordinance for PUD District Review with Waivers on 11.67 acres; Resolution for Site Plan Review on 11.67 acres. (Ordinance for PUD Review; Resolution for Site Plan Review) D. APPROVE SECOND READING OF AN ORDINANCE REPEALING CITY CODE SECTION 10.2 RELATING TO INDIVIDUAL SEWAGE TREATMENT SYSTEMS AND ADOPT RESOLUTION AUTHORIZING AN AGREEMENT TRANSFERRING REGULATION TO HENNEPIN COUNTY E. ADOPT RESOLUTION TO APPROVE FINAL PLAT FOR PIONEER TRAIL EDEN PRAIRIE ADDITION F. TELECOMMUNICATIONS LICENSE RENEWAL by T-Mobile. Resolution for License Renewal Agreement at 12100 Sunnybrook Road. (Resolution for Communications License Agreement) G. APPROVE AGREEMENT WITH PFM ASSET MANAGEMENT LLC H. APPROVE UPDATE TO INVESTMENT POLICY I. APPROVE CONSTRUCTION CONTRACT WITH KEYS WELL DRILLING TO SERVICE AND UPGRADE MUNICIPAL WELL NO. 7 J. APPROVE CONSTRUCTION CONTRACT WITH BERGERSON- CASWELL TO SERVICE AND UPGRADE MUNICIPAL WELL NO. 8 K. AWARD CONTRACT TO PURCHASE NEW CONCRETE SAW L. APPROVE AMENDMENT TO THE STANDARD AGREEMENT WITH HTPO FOR SURVEYING SERVICES OF THE FUTURE SITE OF CITY'S WATER STORAGE RESERVOIR AND PUMP STATION M. APPROVE CONTRACT WITH INNOVATIVE FOUNDATION SUPPORT WORKS TO PERFORM MANHOLE RELINING REPAIRS OF FOUR SANITARY SEWER MANHOLES X. PUBLIC HEARINGS/MEETINGS A. XCEL FIELD AREA NETWORK(FAN) MONOPOLE/ANTENNA INSTALLATION SITE PLAN by Xcel Energy. Resolution for Site Plan Review on 12.16 acres (Resolution for Site Plan Review) XI. PAYMENT OF CLAIMS XII. ORDINANCES AND RESOLUTIONS CITY COUNCIL AGENDA January 22, 2019 Page 3 XIII. PETITIONS, REQUESTS,AND COMMUNICATIONS XIV. APPOINTMENTS A. APPOINT COMMISSIONERS TO EDEN PRAIRIE HOUSING AND REDEVELOPMENT AUTHORITY (Resolution) B. APPOINT DIRECTOR AND ALTERNATE DIRECTOR TO SUBURBAN RATE AUTHORITY (Resolution) C. APPOINTMENT OF MAYOR CASE AS DELEGATE AND COUNCIL MEMBERS AS ALTERNATES TO NATIONAL LEAGUE OF CITIES D. APPOINTMENT OF MAYOR CASE TO MUNICIPAL LEGISLATIVE COMMISSION E. APPOINTMENT TO SOUTHWEST CABLE COMMISSION F. APPOINTMENT TO I-494 CORRIDOR COMMISSION G. APPOINTMENT OF ASSISTANT WEED INSPECTOR H. APPOINTMENT OF MUNICIPAL REPRESENTATIVES TO THE FIRE RELIEF ASSOCIATION BOARD OF TRUSTEES (Resolution) I. APPOINTMENT TO SOUTHWEST TRANSIT COMMISSION XV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR 1. Approve Sin2letree Plans F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY CITY COUNCIL AGENDA January 22, 2019 Page 4 XVI. OTHER BUSINESS XVII. ADJOURNMENT ANNOTATED AGENDA DATE: January 18, 2019 TO: Mayor and City Council FROM: Rick Getschow, City Manager RE: City Council Meeting for Tuesday, January 22, 2019 TUESDAY,JANUARY 22, 2019 7:00 PM, COUNCIL CHAMBER I. CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. SWEARING IN OF COUNCIL MEMBER NARAYANAN IV. 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. V. PROCLAMATIONS /PRESENTATIONS A. DR. MARTIN LUTHER KING,JR. PROCLAMATION Synopsis: This proclamation will declare 2019 as a year to celebrate human rights and diversity. It asks all residents to continue their commitment and concern for equal rights for all persons, to dedicate themselves to helping those who do not yet share in that freedom, and to join the City of Eden Prairie in recognizing and celebrating Dr. Martin Luther King, Jr.'s dream. • The Mayor will read the proclamation; and • Shahram Missaghi, Human Rights and Diversity Commissioner, will announce the opening of the application process for the Human Rights Awards VI. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Move to approve the agenda. ANNOTATED AGENDA January 22, 2019 Page 2 VII. MINUTES MOTION: Move to approve the following City Council minutes: A. COUNCIL WORKSHOP HELD TUESDAY,DECEMBER 4, 2018 B. CITY COUNCIL MEETING HELD TUESDAY,DECEMBER 4, 2018 C. COUNCIL WORKSHOP HELD TUESDAY,JANUARY 8,2019 D. CITY COUNCIL MEETING HELD TUESDAY,JANUARY 8, 2019 VIII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS IX. CONSENT CALENDAR MOTION: Move approval of items A-M on the Consent Calendar. A. CLERK'S LICENSE LIST B. ABRA AUTO BODY by Oppidan Inc. Second Reading of an Ordinance for Zoning District Change from C-COM to I-2 on 2.98 acres; Resolution for Site Plan Review on 2.98 acres; Resolution for Preliminary Plat of three lots into one lot on 2.98 acres. (Ordinance for Zoning Change; Resolution for Site Plan Review; Resolution for Preliminary Plat) C. EDEN BLUFF 4'ADDITION (CH ROBINSON)by Pope Architects. Second Reading of an Ordinance for PUD District Review with Waivers on 11.67 acres; Resolution for Site Plan Review on 11.67 acres. (Ordinance for PUD Review; Resolution for Site Plan Review) D. APPROVE SECOND READING OF AN ORDINANCE REPEALING CITY CODE SECTION 10.2 RELATING TO INDIVIDUAL SEWAGE TREATMENT SYSTEMS AND ADOPT RESOLUTION AUTHORIZING AN AGREEMENT TRANSFERRING REGULATION TO HENNEPIN COUNTY E. ADOPT RESOLUTION TO APPROVE FINAL PLAT FOR PIONEER TRAIL EDEN PRAIRIE ADDITION F. TELECOMMUNICATIONS LICENSE RENEWAL by T-Mobile. Resolution for License Renewal Agreement at 12100 Sunnybrook Road. (Resolution for Communications License Agreement) G. APPROVE AGREEMENT WITH PFM ASSET MANAGEMENT LLC H. APPROVE UPDATE TO INVESTMENT POLICY ANNOTATED AGENDA January 22, 2019 Page 3 I. APPROVE CONSTRUCTION CONTRACT WITH KEYS WELL DRILLING TO SERVICE AND UPGRADE MUNICIPAL WELL NO. 7 J. APPROVE CONSTRUCTION CONTRACT WITH BERGERSON- CASWELL TO SERVICE AND UPGRADE MUNICIPAL WELL NO. 8 K. AWARD CONTRACT TO PURCHASE NEW CONCRETE SAW L. APPROVE AMENDMENT TO THE STANDARD AGREEMENT WITH HTPO FOR SURVEYING SERVICES OF THE FUTURE SITE OF CITY'S WATER STORAGE RESERVOIR AND PUMP STATION M. APPROVE CONTRACT WITH INNOVATIVE FOUNDATION SUPPORT WORKS TO PERFORM MANHOLE RELINING REPAIRS OF FOUR SANITARY SEWER MANHOLES X. PUBLIC HEARINGS/MEETINGS A. XCEL FIELD AREA NETWORK(FAN) MONOPOLE/ANTENNA INSTALLATION SITE PLAN by Xcel Energy. Resolution for Site Plan Review on 12.16 acres (Resolution for Site Plan Review) Synopsis: Xcel Energy is requesting a site plan review to construct a 165 feet monopole for the placement of wireless communication equipment. Any tower over 80 feet requires a site plan review at Planning Commission and City Council. The Field Area Network (FAN) is a wireless communication system that will connect Xcel Energy's control center with intelligent, integrated devices that enable remote monitoring and control of the electric grid. The wireless equipment will interact only with Xcel control centers. The Eden Prairie Substation currently houses several towers ranging from 110 feet to 165 feet. A new monopole is required as it is impractical to remove the exiting power lines to accommodate the FAN antenna or perform antenna maintenance requirements on the existing 165' tower. A height of 165' is required to accomplish the program goal. Planning Commission reviewed and approved the Site Plan and tower height variance. MOTION: Move to: • Close the Public Hearing; and • Adopt the Resolution for Site Plan Review on 12.61 acres; XI. PAYMENT OF CLAIMS MOTION: Move approval of Payment of Claims as submitted (Roll Call Vote). ANNOTATED AGENDA January 22, 2019 Page 4 XII. ORDINANCES AND RESOLUTIONS XIII. PETITIONS, REQUESTS,AND COMMUNICATIONS XIV. APPOINTMENTS A. APPOINT COMMISSIONERS TO EDEN PRAIRIE HOUSING AND REDEVELOPMENT AUTHORITY (Resolution) Synopsis: This appointment requires approval on an annual basis. MOTION: Move to adopt the resolution appointing City Council Members to serve as Commissioners for the Eden Prairie Housing and Redevelopment Authority; and appointing Ron Case as Chair; Rick Getschow as Executive Director and Council Member Nelson as Secretary for calendar year 2019. B. APPOINT DIRECTOR AND ALTERNATE DIRECTOR TO SUBURBAN RATE AUTHORITY (Resolution) Synopsis: This resolution requires approval on an annual basis. Public Works Director Robert Ellis served as the Director and Council Member Ron Case served as the alternate to the Suburban Rate Authority in 2018. MOTION: Move to adopt the Resolution designating Public Works Director Robert Ellis as the Director and as the Alternate Director to the Suburban Rate Authority. C. APPOINTMENT OF MAYOR CASE AS DELEGATE AND COUNCIL MEMBERS AS ALTERNATES TO NATIONAL LEAGUE OF CITIES Synopsis: This appointment is approved on an annual basis. MOTION: Move to approve the appointment of Mayor Ron Case as Delegate and Council Members as Alternates to the National League of Cities. D. APPOINTMENT OF MAYOR CASE TO MUNICIPAL LEGISLATIVE COMMISSION Synopsis: This appointment is approved on an annual basis. MOTION: Move to approve the appointment of Mayor Case to the ANNOTATED AGENDA January 22, 2019 Page 5 Municipal Legislative Commission. E. APPOINTMENT TO SOUTHWEST CABLE COMMISSION Synopsis: This appointment is approved on an annual basis. Council Member Nelson has served on the Southwest Cable Commission since 2015. MOTION: Move to approve the appointment of to the Southwest Cable Commission. F. APPOINTMENT TO I-494 CORRIDOR COMMISSION Synopsis: This appointment is approved on an annual basis. Council Member Aho has served on the I-494 Corridor Commission since 2005. MOTION: Move to approve the appointment of to the I-494 Corridor Commission. G. APPOINTMENT OF ASSISTANT WEED INSPECTOR Synopsis: Each year the City of Eden Prairie is requested to appoint an Assistant Weed Inspector for the City under the requirements of Minnesota Statutes, Chapter 18.80 and 18.81. The responsibility of the Assistant Weed Inspector is to enforce the local and state weed ordinances Under State Statute, the Mayor is the City Weed Inspector and appointment of an Assistant Weed Inspector thereby relieves the Mayor or City Council of those duties as required by Minnesota State Statute. Jeff Cordes performed this inspection work for several years until his retirement. Jacob Busiahn is now the City's current Forestry Technician in the Parks and Recreation Department. MOTION: Move to: Appoint Jacob Busiahn as Assistant Weed Inspector for the City of Eden Prairie. H. APPOINTMENT OF MUNICIPAL REPRESENTATIVES TO THE FIRE RELIEF ASSOCIATION BOARD OF TRUSTEES (Resolution) Synopsis: Minnesota Statute states that three municipal trustees are to be appointed to the fire relief association. They must be: • One elected municipal official and one elected or appointed municipal official who are designated as municipal representatives by the municipal governing board annually ANNOTATED AGENDA January 22, 2019 Page 6 • The chief of the municipal fire department Council Member Ron Case and Finance Manager Sue Kotchevar have served on the Fire Relief Association from 2013-2018. The appointment of the Fire Chief is automatic according to statute. MOTION: Move to adopt the resolution appointing and Finance Manager Sue Kotchevar to the Eden Prairie Fire Relief Association. I. APPOINTMENT TO SOUTHWEST TRANSIT COMMISSION Synopsis: It is necessary for the City Council to appoint an Appointed Representative for a two-year term to end on December 31, 2020. Previous Mayor Tyra-Lukens held this position through 2018. Council Member Aho is also serving as the Eden Prairie Representative until December 31, 2019. MOTION: Move to appoint to the Southwest Transit Board as the Eden Prairie Appointed Representative for a two-year term to end December 31, 2020. XV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR 1. Approve Singletree Plans Synopsis: With the assistance of WSB &Associates, the Engineering Division has prepared a set of plans and specifications for Singletree Lane North Streetscape Improvements (I.C. 17-5995) and Singletree Lane South Streetscape Improvements (I.C. 17-5994), herein referred to as Singletree Lane Streetscape Improvements. Both projects are located between Prairie Center Drive and Eden Road. Construction of the projects is expected to take place in the 2019 construction season. ANNOTATED AGENDA January 22, 2019 Page 7 MOTION: Move to approve plans and specifications and ordering advertisement for bids for Singletree Lane Streetscape Improvements. F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XVI. OTHER BUSINESS XVII. ADJOURNMENT MOTION: Move to adjourn the City Council meeting. CITY COUNCIL AGENDA DATE: SECTION: Proclamations/Presentations January 22, 2019 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Mayor Ron Case MLK Proclamation V.A. Requested Action No formal action requested. Mayor Case will read the proclamation and Shahram Missaghi, Human Rights and Diversity Commissioner, will be on-hand to announce the opening of the application process for the Human Rights Awards. Synopsis This proclamation will declare 2019 as a year to celebrate human rights and diversity. It asks all residents to continue their commitment and concern for equal rights for all persons, to dedicate themselves to helping those who do not yet share in that freedom, and to join the City of Eden Prairie in recognizing and celebrating Dr. Martin Luther King, Jr.'s dream. Attachment Proclamation ITEM NO.: V.A. PROCLAMATION City of Eden Prairie Hennepin County, Minnesota WHEREAS, the City of Eden Prairie's City Council and Human Rights & Diversity Commission sponsors the Human Rights Award program, recognizing those who work to create an inclusive community spirit through their actions, activities, and programs; and WHEREAS, the City of Eden Prairie recognizes that Dr. Martin Luther King, Jr., had a dream and dedicated his life to helping freedom exist for all people through his commitment to human rights and his non- violent philosophy; and WHEREAS, the City of Eden Prairie reaffirms its commitment to fostering diversity in our community through the Eden Prairie Manifesto. NOW, THEREFORE, be it resolved, that the City of Eden Prairie hereby proclaims 2019 as a year to celebrate human rights and diversity, and asks all residents to continue their commitment and concern for equal rights for all persons, to dedicate themselves to helping those who do not yet share in that freedom, and to join the City of Eden Prairie in recognizing and celebrating Dr. Martin Luther King, Jr.'s dream. Ronald A. Case, Mayor City of Eden Prairie ITEM NO. VII.A. UNAPPROVED MINUTES CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY,DECEMBER 4, 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 Workshop-Heritage Rooms I and II(5:30) I. CITY MANAGER PERFORMANCE REVIEW(CLOSED SESSION) Open Podium - Council Chamber (6:30) II. OPEN PODIUM III. ADJOURNMENT ITEM NO. VII.B. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,DECEMBER 4, 2018 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Council Members Brad Aho, 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 CALL THE MEETING TO ORDER Mayor Tyra-Lukens called the meeting to order at 7:00 p.m. All Council Members were present. II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS Getschow said there is another presentation tonight that was not included on the agenda. The Lions Club of Eden Prairie have a brief presentation. Gary Watkins, President, and the Club Historian presented Mayor Tyra-Lukens with the Melvin Jones Fellowship award which is given to an individual in the community whose life has been characterized by a dedication to service. Mayor Tyra-Lukens has served 13 years as Mayor and seven years as a City Council member. She has dedicated two decades of her life to this community and to the Southwest Metro Transit. President Watkins presented a wall plaque and lapel pin to Mayor Tyra-Lukens. Mayor Tyra-Lukens thanked the Lions Club for the award. A. LETTER OF RECOGNITION FOR FORMER EDEN PRAIRIE POLICE OFFICER PATRICK KENYON Police Chief Weber and Mayor Tyra-Lukens presented a Letter of Recognition to Patrick Kenyon, an Eden Prairie resident and former Eden Prairie Police Department officer who saved the life of a woman who collapsed in Jerry's grocery store in July. CITY COUNCIL MINUTES December 4, 2018 Page 2 B. COMMENDATION FOR RIVER RESCUE BY MOSQUITO CONTROL DISTRICT EMPLOYEES Fire Chief Esbensen and Police Chief Weber presented Commendation Awards to two civilians, Adam Frey and Casey Herrmann. Chief Esbensen said the two men helped to save the life of a woman they pulled from the Minnesota River in August, 2018. Mayor Tyra-Lukens joined Chief Esbensen and Chief Weber in presenting the award to Mr. Frey and Mr. Herrmann. C. I-494 CORRIDOR PROJECT PRESENTATION Andrew Lutaya, MnDOT West Area Engineer, gave a PowerPoint update on the expansion project planned for I-494 from Hwy 169 to the river crossing at the airport. He reviewed the improvements planned for the project and preliminary design Phases 1 and 2. He also reviewed the specific projects and construction alternatives under consideration and the public engagement efforts planned. Aho said he serves as Chair of the I-494 Corridor Commission and appreciated the efforts of MnDOT on this. He commented this will be a huge improvement for the southwest metro area. He noted the Commission's Commuter Services staff will be assisting with getting the message out to employers along I-494 and will help commuters with their commutes around the construction projects. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Nelson moved, seconded by Case, to approve the agenda as published. Motion carried 4-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, NOVEMBER 13, 2018 MOTION: Aho moved, seconded by Nelson, to approve the minutes of the City Council workshop held Tuesday,November 13, 2018, as published. Motion carried 4- 0. B. CITY COUNCIL MEETING HELD TUESDAY, NOVEMBER 13, 2018 MOTION: Nelson moved, seconded by Aho, to approve the minutes of the City Council meeting held Tuesday,November 13, 2018, as published. Motion carried 4-0. VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST CITY COUNCIL MINUTES December 4, 2018 Page 3 B. ADOPT FIRST AND SECOND READING OF ORDINANCE NO. 22-2018 AMENDING CITY CODE CHAPTER 11,RELATING TO PAWN SHOPS AND ADOPT RESOLUTION NO. 2018-130 APPROVING SUMMARY ORDINANCE C. APPROVE FIRST AND SECOND READING OF ORDINANCE NO. 23-2018 AMENDING CITY CODE SECTION 5.71,RELATING TO PAWNBROKERS AND PRECIOUS METAL DEALERS AND ADOPT RESOLUTION NO. 2018- 131 APPROVING SUMMARY ORDINANCE D. APPROVE SECOND READING OF ORDINANCE NO. 24-2018 AMENDING CITY CODE CHAPTER 11, RELATING TO SEXUALLY ORIENTED BUSINESSES AND ADOPT RESOLUTION NO. 2018-132 APPROVING SUMMARY ORDINANCE E. APPROVE SECOND READING OF ORDINANCE NO. 25-2018 AMENDING CITY CODE SECTION 4.07, RELATING TO A LICENSED LIQUOR PREMISES AND ADOPT RESOLUTION NO. 2018-133 APPROVING SUMMARY ORDINANCE F. APPROVE SECOND READING OF ORDINANCE NO. 26-2018 AMENDING CITY CODE SECTION 5.37 RELATING TO PEDDLERS AND ADOPT RESOLUTION NO. 2018-134 APPROVING SUMMARY ORDINANCE G. APPROVE SECOND READING OF ORDINANCE NO. 27-2018 AMENDING CITY CODE CHAPTER 5, RELATING TO SEXUALLY ORIENTED BUSINESSES AND ADOPT RESOLUTION NO. 2018-135 APPROVING SUMMARY ORDINANCE H. APPROVE SECOND READING OF ORDINANCE NO. 28-2018 AMENDING CITY CODE SECTION 5.46, RELATING TO MASSAGE AND ADOPT RESOLUTION NO. 2018-136 APPROVING SUMMARY ORDINANCE I. ADOPT RESOLUTION NO. 2018-137 APPROVING SUMMARY ORDINANCE FOR LINCOLN PARC APARTMENTS/CASCADE AT TOWN CENTER AND RATIFY ORDERING THE PUBLICATION OF SUMMARY ORDINANCE J. APPROVE TRANSFER OF RETIRED POLICE CANINE TO OFFICER K. APPROVE CONTRACT TO PURCHASE CAMERAS FROM VTI SECURITY FOR CITY HALL CAMERA UPGRADE PROJECT L. APPROVE CONTRACT TO PURCHASE MINITOR PAGERS FOR FIRE DEPARTMENT FROM MOBILE RADIO ENGINEERING, INC. CITY COUNCIL MINUTES December 4, 2018 Page 4 M. ADOPT RESOLUTION NO. 2018-138 SUPPORTING CITY PARTICIPATION AND FUNDING FOR OPEN TO BUSINESS PROGRAM FOR THREE YEARS N. APPROVE GARDEN LEASE WITH METROPOLITAN AIRPORTS COMMISSION O. ADOPT RESOLUTION NO. 2018-139 DESIGNATING POLLING PLACES FOR 2019 P. APPROVE AMENDMENT TO SUBORDINATE FUNDING AGREEMENT NO. 8 FOR LOCAL WORK CONSTRUCTION FOR SWLRT PROJECT Q. ADOPT RESOLUTION NO. 2018-140 APPROVING EQUIPMENT DONATION FOR LAKE RILEY CD3 STATION R. AWARD CONTRACTS FOR 2019 WATER TREATMENT CHEMICALS S. AWARD BID FOR LIME RESIDUALS HAULING AND DISPOSAL FOR THREE YEARS TO REHBEIN AG SERVICES T. ADOPT RESOLUTION NO. 2018-148 REVOKING THE SPECIAL ASSESSMENTS FOR CEDARCREST STABLES U. APPROVE AGREEMENT WITH SRF FOR CONSTRUCTION ADMINISTRATION SERVICES FOR PRESERVE BLVD PROJECT V. ADOPT RESOLUTION NO. 2018-141 APPROVING PLANS AND SPECIFICATIONS FOR HENNEPIN TOWN ROAD TURN LANE IMPROVEMENTS W. DECLARE DAMAGED 2016 DODGE CHARGER AS SURPLUS AND AUTHORIZE PURCHASE OF 2019 DODGE CHARGER SQUAD CAR Regarding Item H, Rosow said it has always been interpreted that, in order to have a massage license, an individual must have a facility in the City that complies with the City zoning ordinances. That has been made explicit in the second reading of the ordinance. MOTION: Case moved, seconded by Aho, to approve Items A-W on the Consent Calendar. Motion carried 4-0. IX. PUBLIC HEARINGS/MEETINGS A. RESOLUTION NO. 2018-142 APPROVING MODIFIED BUDGET FOR TAX INCREMENT FINANCING DISTRICT NO. 18 CITY COUNCIL MINUTES December 4, 2018 Page 5 Getschow said this is the same item that was acted upon by the HRA earlier this evening. There were no comments from the audience. MOTION: Aho moved, seconded by Nelson, to close the public hearing, and to adopt Resolution No. 2018-142 approving the modified budget for Tax Increment Financing District No. 18 (Heights at Valley View Apartment Project). Motion carried 4-0. B. RESOLUTION NO. 2018-143 CERTIFYING 2019 PROPERTY TAX LEVY, ADOPTING 2019 BUDGET AND APPROVING 2019 HRA TAX LEVY Tammy Wilson, Finance Supervisor, gave a PowerPoint presentation on the 2019 property tax levy and budget. She noted by State law a public hearing must be held after property owners have received their property tax statements. She stated the City budget for 2019 will have a 2.9% increase over 2018, and the tax levy will have a 2.7% increase over 2018. She reviewed the 2019 general fund revenue and expenditures and the debt levy. The property tax impact on a median value home will increase 1.2%, a $5,000,000 apartment building will increase 3.6%, and a $2,000,000 commercial building will increase by 0.5%. The average monthly cost of City services for a median value home will be $106.33. Getschow said the City has a two-year schedule for the budget, and staff is getting ready to work on the 2020-2021 budget. He gave a PowerPoint presentation that reviewed the City goals for the budget including community well-being and safety, high quality efficient services, a preserved and beautiful environment, a sense of community, innovative and sustainable practices, and economic vitality. The 2018- 2019 budget aims to maintain high quality City services at a reasonable tax impact and to maintain a strong financial position and enhance a sense of community identity. He said market values in Eden Prairie have rebounded from the recession of 2009-2010. He noted Eden Prairie does not receive Local Government Aid and is the No. 3 contributor towards fiscal disparities in the metropolitan area. There were no comments from the audience. MOTION: Case moved, seconded by Nelson, to close the public hearing; to adopt Resolution No. 2018-143 certifying the 2019 Property Tax levy to be $38,278,724; to approve the 2019 Budget of$50,054,720 as reviewed by the Council; and to approve the HRA tax levy and budget of$200,000. Motion carried 4-0. C. FIRST AND SECOND READINGS OF ORDINANCE NO. 29-2018 APPROVING 2019 FEE SCHEDULE FOR ADMINISTRATION OF OFFICIAL CONTROLS AND RESOLUTION NO. 2018-144 APPROVING SUMMARY ORDINANCE FOR PUBLICATION CITY COUNCIL MINUTES December 4, 2018 Page 6 Getschow said the Council must approve all the City fees for 2019. This item includes those fees adopted by ordinance, which are, for the most part, related to building permits and building code. Since the motion includes approving both first and second readings of the ordinance, a unanimous approval of the Council is required. There were no comments from the audience. MOTION: Aho moved, seconded by Nelson, to close the public hearing; to approve first and second readings of Ordinance No. 29-2018 updating the Fee Schedule for Administration of Official Controls; and to adopt Resolution No. 2018-144 approving the Summary for Publication. Motion carried 4-0. D. RESOLUTION NO. 2018-145 APPROVING 2019 FEE SCHEDULE FOR CITY SERVICES Getschow said this item does not require a public hearing; however, the City Council has decided that all fee schedules will be considered at a public hearing. These fees include fees such as park and recreation fees, Community Center membership, business license fees, administrative fees, and fees for rental of City facilities. There were no comments from the audience. MOTION: Aho moved, seconded by Case, to close the public hearing and to adopt the 2019 Fee Resolution No. 2018-145. Motion carried 5-0 X. PAYMENT OF CLAIMS MOTION: Nelson moved, seconded by Case, to approve the payment of claims as submitted. Motion was approved on a roll call vote,with Aho, Case, Nelson, and Tyra-Lukens voting "aye." XI. ORDINANCES AND RESOLUTIONS A. APPROVE SECOND READING OF ORDINANCE NO. 30-2018 AMENDING CITY CODE SECTION 5.35, RELATING TO TOBACCO AND ADOPT RESOLUTION NO. 2018-146 APPROVING SUMMARY ORDINANCE Getschow said on November 13 the City Council approved first reading of an ordinance amending City code related to tobacco to raise the age from 18 to 21 for the sale of tobacco products by retailers. The Council held several workshops and held a public hearing at the November meeting. Typically, second reading is either on the Consent Calendar or is simply acted upon at the next meeting. However, for this item the CITY COUNCIL MINUTES December 4, 2018 Page 7 retailers in the City were provided with notice about both the November meeting and this meeting and were told we would take public input. The ordinance is set up not to be effective until February 1, 2019, to give retailers the necessary time to update their software programs and employee training. Donna Shakked, 9626 Marshall Road, said she strongly supports raising the age for tobacco sales to 21. There is deceptive marketing being done to children with products that have attractive flavors and colors. Molly Moilanen, Co-Chair of Minnesota for a Smoke-Free Generation, thanked staff for their accommodation. She reviewed the cities in Minnesota that have passed Tobacco 21 ordinances and stated her organization is pushing to pass a state-wide law for Tobacco 21. MOTION: Nelson moved, seconded by Case to approve second reading of Ordinance No. 30-2018 amending City Code Chapter 5, Section 5.35 relating to tobacco, and to adopt Resolution No. 2018-146 approving summary ordinance. Aho said he had the same concerns he raised at the previous meeting that individuals who reach the age of 18 can serve in the military, marry, and vote, but we would treat them differently with this ordinance. He thought it will have unintended consequences for our stores because people will go to the surrounding communities to buy tobacco products. He was in favor of doing this at a state-wide level because that would be the most effective way to limit the age for tobacco sales. Case appreciated Council Member Aho's concerns for businesses, one that is shared by all the Council Members. He noted the dollar amount of revenue lost for the 23 tobacco-selling businesses in the City as a result of passing this ordinance would be minimal when compared to the millions of dollars that would be spent by those individuals who incur health issues as a result of addiction to tobacco. Aho said he understood the retailers do not make a lot of money on tobacco products but people buy other items such as gasoline and groceries at their stores. He did not think passing this ordinance would be effective. VOTE ON THE MOTION: Motion carried 3-1,with Aho opposed. B. APPROVE FIRST READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 3, RELATING TO WATER EMERGENCIES Getschow said this item updates City code regarding water conservation restrictions when the Governor declares a"critical water emergency."This update gets our code in line with State statutes. MOTION: Aho moved, seconded by Case, to approve the first reading of an ordinance amending City Code Chapter 3 relating to water emergencies. Motion carried 4-0. CITY COUNCIL MINUTES December 4, 2018 Page 8 XII. PETITIONS, REQUESTS,AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. City Manager Performance Review Tyra-Lukens said, when City Manager Getschow started work here, he was hired in March or April, but we have decided to do the review at the end of the year as Council members move on. The Council met in closed session prior to this meeting to discuss his performance and to evaluate the role Mr. Getschow has played in keeping a budget, delivering City services and maintaining our Aaa bond rating. Mr. Getschow is very innovative, follows through, and provides strong leadership to staff. He has been an exemplary City Manager every year he has been here. The Council determined to increase Mr. Getschow's salary retroactively for 2018 to $176,823, which is the salary cap based on the State legislature. In addition, he will receive a 2.5% increase to $181,243 for 2019, which is the anticipated cap for the coming year. Mr. Getschow will be awarded 30 hours of paid PTO to be placed in a dedicated account that cannot be converted to cash until he leaves his employment with the City. She congratulated the City Manager on another outstanding year. MOTION: Case moved, seconded by Nelson, to increase retroactively City Manager Getschow's 2018 salary to $176,823, and to increase his 2019 salary by 2.5%to $181,243, and to provide 30 hours of PTO for 2019 in a dedicated account. Motion carried 4-0. B. REPORT OF CITY MANAGER 1. Resolution No. 2018-147 Approving 2019 to 2028 Capital Improvement Plan Finance Director Sue Kotchevar gave a PowerPoint presentation of the 2019 to 2028 Capital Improvement Plan(CIP). The objective of the CIP is to plan for capital maintenance and improvements, to provide for consistent investment in City equipment, facilities and infrastructure, and to preserve and expand capital in a way that is sustainable and affordable for Eden Prairie residents. She reviewed the value of the projects by division and noted the total is $281,000,000, compared to $276,000,000 for 2017 to 2026. She reviewed the funding summary, 80% of which is for transportation and utility projects. She noted the largest transportation project planned is the reconstruction of Flying Cloud Drive. She also reviewed projects and CITY COUNCIL MINUTES December 4, 2018 Page 9 expenditures for pavement management,parks and recreation, public safety, and facilities and information technology. She said the City has had a bond rating from Moody's of Aaa since 2003 and a rating of AAA from Standard& Poor's since 2014. She noted only 17 other cities in Minnesota and 7% of U.S. cities have obtained that rating. MOTION: Case moved, seconded by Nelson, to adopt Resolution No. 2018- 147 approving the 2018 to 2028 Capital Improvement Plan. Motion carried 4-0. 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 Council Member Case read a proclamation proclaiming December 18, 2018 as Mayor Nancy Tyra-Lukens Day in Eden Prairie in recognition of her leadership and service to the City of Eden Prairie. He invited the community to join the Council Members in thanking her for her years of service on Tuesday, December 18, from 5:00 to 8:00 PM at the City Hall Garden Room. Council Member Nelson thanked Mayor Tyra-Lukens for the way she encourages people to be involved in the City. The Mayor has a long history of visiting businesses here. She appreciated how the Mayor sees the needs of the community before many other people. The Mayor focused on what Eden Prairie could be, not what it is. Council Member Aho thanked Mayor Tyra-Lukens for all of her service and leadership. She has good insight into what Eden Prairie wants and is able to deliver that. She has left a legacy for residents of Eden Prairie, and she serves as a lesson to everyone. Council Member Case said his history with Mayor Tyra-Lukens goes back to the 1994 campaign when they both won City Council seats. At that time, she established herself as an incredibly engaged Council Member. She supported causes that benefitted people. She encouraged planting trees and preserving the bluffs in Eden Prairie. She encouraged the great quality of life we have here that will benefit future generations. He noted Eden Prairie is a much better place to live and work because of the 20 years of service given by the Mayor. CITY COUNCIL MINUTES December 4, 2018 Page 10 Mayor Tyra-Lukens said it has been a great 20 years. The population has almost doubled and has changed to be older and more diverse. She was in a position to be able to see this happen and to help enact our core values. She was very proud of Eden Prairie being the only city in the state to make the Star Tribune list of best places to work. She hoped future City Council Members will continue the efforts on energy efficiency, continue to emphasize the youth in our City, and to continue to press for the design of public and commercial buildings to make sure the building is a positive impact. She hoped we will take advantage of the opportunities offered by light rail. She thanked the residents who elected her to office and who serve on commissions and task forces as well as all those who provide input to the City. She also thanked her family for their support. XVI. ADJOURNMENT MOTION: Case moved, seconded by Aho,to adjourn the meeting. Motion carried 4-0. Mayor Tyra-Lukens adjourned the meeting at 8:47 p.m. ITEM NO. VII.C. UNAPPROVED MINUTES CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY,JANUARY 8, 2019 CITY CENTER 5:00—6:25 PM,HERITAGE ROOMS 6:30—7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Ron Case, Council Members Brad Aho, Kathy Nelson, and Mark Freiberg CITY STAFF: City Manager Rick Getschow, Police Chief Greg Weber, Interim Fire Chief Kevin Schmieg, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, Administrative Services/HR Director Alecia Rose, Communications Manager Joyce Lorenz, City Attorney Ric Rosow, and Recorder Katie O'Connor Workshop-Heritage Rooms I and II(5:30) LEGISLATIVE UPDATE WITH SENATOR CWODZINSKI, SENATOR FRANZEN, REPRESENTATIVE KOTYZA-WITTHUHN,AND REPRESENTATIVE ELKINS Mayor Case introduced the agenda for the evening. City Manager Getschow stated the workshop is an annual dialogue between the City Council and Legislators. Getschow introduced the Municipal Legislative Commission's (MLC)platform for 2019. Eden Prairie is active in all three organizations (League of Minnesota Cities, Metro Cities, and Municipal Legislative Commission),but MLC most closely fits the City as a larger suburb. Getschow stated the MLC platform focuses on the state and local fiscal relationship, transportation funding, and support of local control. In regards to the state and local fiscal relationship, at most only a few of the MLC suburbs receive local government aid(LGA). MLC supports direct individual property tax relief for all income-eligible taxpayers in all cities through the circuit breaker program. MLC opposes automatic inflationary increases ever year for the LGA pool. Additionally, MLC opposes carving out revenue from the fiscal disparities pool to support specific projects. Eden Prairie is the number three contributor to the fiscal disparities program. If the program didn't exist,the median value home in Eden Prairie would see 7.5 percent less of taxes. Getschow stated another MLC priority is transportation funding. MLC supports an increase in long-term, regionally balanced transportation funding. The last MLC priority is support of local control. In the past there have been discussions on water quality, watersheds, and lately discussions on wireless infrastructure. Eden Prairie has been ahead of these issues with approving updated right of way ordinances so there is some control over the placement of small cell wireless facilities. MLC also opposes restrictions to city authority on utilizing franchise fees. Eden Prairie utilizes franchise fee funds for transportation. MLC opposes fiscal limitations such as levy limits or reverse referenda on the decisions of local government officials. MLC is also supporting the repeal of the statutory salary limitation on city employees for the first time as a group. Minnesota is the only state that ties salaries of public officials to the Governor. City Council Workshop Minutes January 8, 2019 Page 2 Senator Franzen serves on the Taxes Committee and Transportation Committee. She inquired about the City's need for Tax Increment Financing (TIF) exceptions at the state level. Other cities also have brought up issues with affordable housing and federal conformity. Getschow added the federal conformity issue does not affect city government. The City has several TIF districts, and pooled TIF funds are prioritized for eligible affordable housing projects. Community Development Director Jeremiah stated we have a number of TIF districts that will be expiring, so the City has been looking at extensions. The City will be experiencing more of an affordable housing issue in the next ten years. The City has supported TIF for transit-oriented development(TOD) districts. Senator Franzen inquired about the TOD funding for the Southwest Light Rail Transit (SWLRT) station. Jeremiah stated the TOD funding was used for the overall construction of the mixed-use development, including the infill and infrastructure needs. It was a loan from the Met Council to help with the starting costs. This was combined with funds from Hennepin County and the City's TIF for the affordable housing component. Senator Cwodzinski stated labor unions are pushing for a large gas tax increase. He supports a gas tax,but this may not be sustainable with the future in electric cars. The Minnesota Department of Transportation (MnDOT) wants predictable funding. He was unaware of the salary cap imposed upon city staff and empathizes with cities on unfunded mandates. Council Member Aho noted the salary cap restricts Council from offering a competitive salary, specifically for out of state candidates. Council Member Nelson added, the options are to increase the Governor's salary or continue to increase his salary yearly by a percentage. Senator Franzen stated she is trying to serve on the Health and Human Services Committee. She expects federal tax conformity to happen this session. She echoes what Senator Cwodzinski stated about supporting a gas tax increase,but it is not sustainable. There is a focus on healthcare, the opioid addiction, and the adult use of cannabis. Cannabis has public safety and human resources implications. If it is regulated and taxed, she stated some of those funds should go to transportation,public safety, and healthcare. Senator Cwodzinski is on the Environmental, Education, and Veterans Committees. The primary focus will be Education this session and going forward. Representative Kotyza-Witthuhn is on the Education Finance, Commerce, and Early Childhood Finance and Policy Committees. She also serves on the Early Childhood Advisory Council for the Little Eagles program. Working to find creative solutions for the achievement gap, affordable child care, and gun violence prevention are her primary focus. Representative Elkins is serving on Transportation, Local Government, Government Operations, State Government Finance, and Commerce Committees. He expects to focus on health insurance and finance. Some of the issues are pharmacy and hospital pricing transparency, improving the affordability of access to healthcare, and replacing the provider tax. He advocates strongly for improved transportation and long-term solutions. The days of the gas tax are numbered. Education is also a large focus that is under-financed by the State, specifically K-12. Additionally, there is a shortage of caregivers, caretakers, home health City Council Workshop Minutes January 8, 2019 Page 3 care aids, and Metro Mobility drivers for people with disabilities, and a lack of funding. In regards to cannabis, he would vote to dedicate those funds to healthcare. Nelson stated fiscal disparities has good purpose, but the City is paying on properties that are past their usefulness. Case added Eden Prairie is willing to pay its fair share, but the formula should be revised Aho stated transportation has always been a key issue. There are discussions of gaps in funding from MnDOT for the I-494 and I-35W project. Elkins added additional funds will be required to do the I-494 project right. Additionally, Metro Transit will be in a deficit after this year. Nelson requested additional support from legislators for Light Rail Transit. Aho stated he chairs the Southwest Transit Commission, and they would like to continue to improve and expand services. The Commission has discussed starting a service called Prime MD for people to get to their appointments, whether within Eden Prairie or beyond. Senator Franzen requested Aho testify on these issues at the Transportation Committee. Case stated franchise fees benefit the City's road projects and transportation. He also asked the legislators to work on restricting tobacco sales to age 21 statewide. Kotyza-Witthuhn stated she supports the City's efforts of planting native prairie grass. She agreed this initiative saves the City money long term on mowing public lands. Franzen stated she is also working on the large state issue of food waste. There are few models available to review. Getschow noted Hennepin County is mandating cities to have organics recycling in place by the end of 2020. Open Podium - Council Chamber (6:30) II. OPEN PODIUM III. ADJOURNMENT ITEM NO. VII.D. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,JANUARY 8, 2019 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Ron Case, Council Members Brad Aho, Mark Freiberg, 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 Case called the meeting to order at 7:00 p.m. All Council Members were present. II. PLEDGE OF ALLEGIANCE III. SWEARING IN OF MAYOR CASE AND COUNCIL MEMBERS NELSON AND FREIBERG Former Mayor Nancy Tyra-Lukens swore in Ron Case as Mayor. City Attorney Rosow swore in Council Members Kathy Nelson and Mark Freiberg. IV. OPEN PODIUM INVITATION V. PROCLAMATIONS /PRESENTATIONS A. PROP FOOD SHELF COLLECTION Getschow said throughout the month of November, the City's three municipal liquor stores partnered with the PROP food shelf and invited customers to donate to the food shelf. Liquor Operation Manager Jaime Urbina reported their efforts raised a total of $5,019.11 and 298 pounds of food for the PROP food shelf. He thanked their customers for the donations. He and Mayor Case presented a check for $5,019.11 to Jennifer Loon, Vice Chair of the PROP Board. B. ACCEPT DONATION FROM EDEN PRAIRIE LIONS FOR STARING LAKE OUTDOOR CENTER PROGRAMS (Resolution No. 2019-01) CITY COUNCIL MINUTES January 8, 2019 Page 2 Lotthammer said the Eden Prairie Lions Club has donated $400 for the Staring Lake Outdoor Center programs. He noted the Lions Club makes several donations each year to City parks and recreation programs, and we appreciate their support. MOTION: Nelson moved, seconded by Aho to adopt Resolution No. 2019-01 accepting the donation of$400 from Eden Prairie Lions Club for the Staring Lake Outdoor Center programs. Motion carried 4-0. VI. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS (Taken out of sequence following Item XII.A.) VII. MINUTES VIII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS IX. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. SOUTHWEST TRANSIT GARAGE by Len Simich. Second Reading of Ordinance 1-2019-PUD-1-2019 for PUD District Review with waivers on 10.05 acres; Resolution 2019-02 for Site Plan Review on 10.05 acres (Ordinance No. 1-2019- PUD-1-2019 for PUD Review; Resolution No. 2019-02 for Site Plan Review) C. APPROVE SECOND READING OF ORDINANCE NO. 2-2019 AMENDING CITY CODE CHAPTER 3, RELATING TO WATER EMERGENCIES AND ADOPT RESOLUTION NO. 2019-03 APPROVING SUMMARY ORDINANCE D. ADOPT RESOLUTION NO. 2019-04 APPROVING DECERTIFICATION OF EDEN PRAIRIE TAX INCREMENT FINANCING DISTRICT NO. 18 E. ADOPT RESOLUTION NO. 2019-05 ESTABLISHING MEETING DATES AND TIMES FOR CITY BOARDS AND COMMISSIONS FOR 2019 F. ADOPT RESOLUTION NO. 2019-06 AUTHORIZING TREASURER OR DEPUTY TREASURER TO INVEST CITY OF EDEN PRAIRIE FUNDS G. ADOPT RESOLUTION NO. 2019-07 AUTHORIZING TREASURER OR DEPUTY TREASURER TO MAKE ELECTRONIC FUND TRANSFERS FOR CITY OF EDEN PRAIRIE H. ADOPT RESOLUTION NO. 2019-08 AUTHORIZING CITY OFFICIALS TO TRANSACT BANKING BUSINESS I. ADOPT RESOLUTION NO. 2019-09 DESIGNATING DEPOSITORIES CITY COUNCIL MINUTES January 8, 2019 Page 3 J. ADOPT RESOLUTION NO. 2019-10 AUTHORIZING USE OF FACSIMILE SIGNATURES BY PUBLIC OFFICIALS K. ADOPT RESOLUTION NO. 2019-11 AUTHORIZING PAYMENT OF CERTAIN CLAIMS BY FINANCE DEPARTMENT WITHOUT PRIOR COUNCIL APPROVAL L. APPROVE TOWING SERVICES AGREEMENT BETWEEN THE CITY OF EDEN PRAIRIE AND MATT'S AUTO SERVICE FOR 2019 M. AUTHORIZE PURCHASE AND IMPLEMENTATION OF HP SERVERS FOR DISASTER RECOVERY SITE FROM XIGENT SOLUTIONS,LLC N. ADOPT RESOLUTION NO. 2019-12 APPROVING COOPERATIVE AGREEMENT WITH HENNEPIN COUNTY FOR SPRING ROAD/CSAH 4 PEDESTRIAN IMPROVEMENTS O. APPROVE AGREEMENT AMENDMENT WITH SRF CONSULTING GROUP FOR FINAL DESIGN SERVICES FOR PRESERVE BOULEVARD IMPROVEMENT PROJECT P. APPROVE AGREEMENT WITH AET FOR CONSTRUCTION TESTING SERVICES FOR PRESERVE BOULEVARD IMPROVEMENT PROJECT Q. ADOPT RESOLUTION NO. 2019-13 AWARDING CONTRACT FOR PRESERVE BOULEVARD RECONSTRUCTION PROJECT TO EUREKA CONSTRUCTION, INC. R. APPROVE AGREEMENT WITH SRF CONSULTING GROUP FOR BIRCH ISLAND ROAD DESIGN AT RAILROAD CROSSING S. APPROVE AGREEMENT WITH HTPO FOR STARING LAKE BUILDING SITE PLANS T. APPROVE LEASE WITH HARTZELL PFO INC. FOR CHUCK & DON'S PET FOODS AND SUPPLY STORE AT 8022 DEN ROAD U. APPROVE AGREEMENT FOR SERVICES WITH I-494 CORRIDOR COMMISSION MOTION: Nelson moved, seconded by Aho, to approve Items A-U on the Consent Calendar. Regarding Item IX.U.,Aho said he serves as Chair of the 1-494 Corridor Commission. The duties of treasurer of that organization revolve among the member CITY COUNCIL MINUTES January 8, 2019 Page 4 cities, and they have found performing all the accounting to be a problem for the small commission. Staff in the Eden Prairie Finance Department has offered to take on these accounting duties. Freiberg asked for clarification of Item IX.O. Ellis said there are three items on the agenda that revolve around the Preserve Boulevard improvement project, including the amendment of the final design services agreement, an agreement for construction testing services and the awarding of a contract for the construction of the roadway. Freiberg asked if it would be appropriate for him to abstain from voting on those items because he was just elected to the Council. Rosow replied there was no need for him to abstain simply because he was not part of the original public hearing. VOTE ON THE MOTION: Motion carried 4-0. X. PUBLIC HEARINGS /MEETINGS XI. PAYMENT OF CLAIMS MOTION: Aho moved, seconded by Nelson, to approve the payment of claims as submitted. Motion was approved on a roll call vote,with Aho, Freiberg, Nelson, and Case voting "aye." XII. ORDINANCES AND RESOLUTIONS A. FIRST READING OF AN ORDINANCE REPEALING CITY CODE SECTION 10.2 DEALING WITH INDIVIDUAL SEWAGE TREATMENT STANDARDS Getschow said there are approximately 120 individual sewage treatment systems remaining in the City. Hennepin County desires to take over the regulation of and enforcement for such systems county-wide. This will help for uniform regulation of septic systems across the County. The proposed ordinance repeals the City's regulatory system. Staff will come back at a future Council meeting with second reading of the ordinance and an agreement with the County to transfer the regulatory and enforcement functions to the County. MOTION: Freiberg moved, seconded by Aho, to approve the first reading of an ordinance repealing Section 10.2 of City Code dealing with individual sewage treatment standards. Motion carried 4-0. VI. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS (taken out of sequence) Aho added Item XIV.A.1. Freiberg added Item XIV.A.2. Case added Item XIV.A.3. MOTION: Nelson moved, seconded by Freiberg, to approve the agenda as amended. Motion carried 4-0. CITY COUNCIL MINUTES January 8, 2019 Page 5 XIII. PETITIONS, REQUESTS,AND COMMUNICATIONS XIV. APPOINTMENTS Case said the City Council will appoint Council Members to boards and commissions at the January 22 meeting. A. DESIGNATE OFFICIAL CITY NEWSPAPER(Resolution No. 2019-14) MOTION: Aho moved, seconded by Nelson, to adopt Resolution 2019-14 designating Eden Prairie News as the official City newspaper for the year 2019. Motion carried 4-0. B. DESIGNATE OFFICIAL MEETING DATES, TIME AND PLACE FOR THE CITY COUNCIL IN 2019 AND APPOINT ACTING MAYOR(Resolution 2019- 15) Case noted traditionally the Council has appointed the most senior Council Member to be the Acting Mayor. MOTION: Nelson moved, seconded by Freiberg, to adopt Resolution No. 2019-15 designating the official meeting dates, time and place for the City of Eden Prairie Council in 2019 and to appoint Council Member Brad Aho as Acting Mayor. Motion carried 4-0. C. APPOINTMENTS TO 2019 BOARD OF APPEAL AND EQUALIZATION Case said the Board of Appeal and Equalization is made up of real estate professionals who understand the market. Getschow said the proposed members are Lyndon Moquist, Annette O'Connor, Todd Walker,Nate Thompson and Kristin Rial. All of them are Eden Prairie residents and experienced real estate professionals with extensive knowledge of the Southwest metro area. MOTION: Aho moved, seconded by Freiberg, to appoint to the Board of Appeal and Equalization Lyndon Moquist, Annette O'Connor, Todd L. Walker, Nate Thompson and Kristin Rial for the period of March 1, 2019 through May 31, 2019, or until the Board of Appeal and Equalization completes its work. Motion carried 4-0. XV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. Joint Airport Zoning Advisory Board (JAZB) Update—Council Member Aho CITY COUNCIL MINUTES January 8, 2019 Page 6 Aho said he serves as Chair of the JAZB which has been meeting for ten years trying to codify zoning around the airport. The JAZB works with the Metropolitan Airport Commission(MAC) and MnDOT to make changes. We would like to allow some building to take place around the airport, but there are some areas that are included in the airport safety zones, The Board met this week to approve our interim commissioner's order. The last bit of the process is to have a public hearing. MnDOT has to approve the agreement first and then it will go through the public hearing process. The public hearing will take place on February 22 here in the Council Chamber. Case said over the last ten years we have voted on JAZB items several times, and he was the only one to vote against it. He said the legislature has given the MAC power over everything, so we should have stayed outside the JAZB. He believed we should have statutory input outside of that process. Aho said we have a good working relationship with the MAC. It is important that the City stay at the table to be sure the City has some input on changes that might occur around the airport. 2. Housing Advisory Board — Council Member Freiberg Freiberg said affordable housing and life cycle housing are complicated issues. During his recent campaign he had many discussions with people about the housing situation in Eden Prairie. He made a commitment during his campaign to bring this issue forth to the Council right away. He noted he has a background in real estate and mortgage banking. He would like to put together a Housing Advisory Board or Commission by appointment or ordinance to get input from the community, real estate professionals, and developers that live in the community to help solve this critical problem. He called on his colleagues to support him in this effort. He would like to pass an ordinance to set up the new board immediately so it could start along with the other commissions in February. Case thought this is a great idea; however, the Council has not yet had an opportunity to have a workshop where we would listen to staff and present some of our goals for this year. He did like the idea of a housing task force that would work with the Chamber. He would also like to reactivate the Senior Task Force and form a task force on diversity. He would suggest putting this on hold until we have a workshop with staff to discuss goals. Aho said it was a great idea; however, we do have to work it into the bigger picture, especially as far as staff time is concerned. Nelson said we had a Housing Task Force in the past, and she believed it is time to have another one. It doesn't have to be at the Commission level because we would have to pull people from various commissions and from the community. CITY COUNCIL MINUTES January 8, 2019 Page 7 Getschow thought the Council should continue this conversation. There are many ways to set it up. He would be very concerned about putting an ordinance together to set up a commission to take effect in February. Freiberg said he was okay with delaying the start as long as we are firm in our belief that this discussion will happen. He would prefer to have a commission because this is a serious problem that will not go away, and he believed it should be at the commission level. Case believed the other Council Members supported Council Member Freiberg on this,but we do need to find the best way to address it. 3. Potential Device to Monitor Speeding Cars—Mayor Case Case said during the election campaign we have heard many stories about speeding cars on several neighborhood streets. The perception is that it is some group of people that speed all the time,but the traffic analysis shows it is usually people that live in the neighborhood. He recently attended a presentation from Traffic Logix at a National League of Cities convention. Traffic Logix produces a digital speed readout sign with a computer inside that retains information about every car that went through the sign with the speed and the time. He suggested staff look into this to see if it would be possible use these to gather data. It seems like an incredible solution to a problem we hear a lot about. Nelson said it would be good to look into this. She would like to have more information on how they work and the cost of the devices. Getschow said staff has some dynamic signs in use now. He and Mr. Ellis will do more research on this new type of sign and will bring back further information to the Council. 4. Discuss Council Vacancy Case said he was in the middle of a four-year term on the City Council when he took over the office of Mayor. He asked staff to report on our options to fill the vacant Council seat. Rosow said Minnesota statutes specifically address what happens when there is a vacancy on a City Council. In case of a vacancy, the vacant seat shall be filled by City Council appointment until an election is subsequently held. In case of a tie vote in the Council, the Mayor shall make the appointment. There are options for dealing with when the vacancy occurs and whether a special election has to be held. In this case, a special election can be held with the next general election because the time that remains on Mr. Case's term is less than two years. The Council has the option to appoint someone and let that person fill out the remainder of the term rather than holding a special election. CITY COUNCIL MINUTES January 8, 2019 Page 8 Aho thought every election is a little different, but in this case there were two other individuals that ran for City Council. One of those individuals was very close to achieving success, so he thought it makes a natural choice for us as a Council in terms of precedence. He thought that individual would do a fine job as a Council Member. His preference would be to appoint P. G. Narayanan to serve the remainder of the term. Nelson agreed with Council Member Aho's suggestion. The second and third place finishers in the election were very close, and it is a very easy vote to go to the third place finisher to fill the vacancy. Freiberg said he was also in favor of appointing Mr. Narayanan. He has respect for him, and the election was very close. Case noted the Council would have to pass an ordinance and explain why we were having a special election because there is less than two years left in the term. That would also mean we could not seat anyone for three months, and there would be extra costs associated with holding a special election. We have done this by appointment in the recent past, so there is a precedent. There are three cities around us that are filling City Council or School Board seats. In addition, Mr. Narayanan ran a campaign that came within 300 votes of the second place candidate. He brings great experience in business and also represents a segment of the community that is diverse. He would be only the second Council Member of diversity to serve as a member of the Eden Prairie City Council. MOTION: Nelson moved, seconded by Aho, to appoint P. G. Narayanan to fill the vacancy created by the election of Ron Case as Mayor. Nelson said Mr. Narayanan was Chair of the Human Rights and Diversity Commission at one time and is currently the Chair of the Eden Prairie Community Foundation. He is very well versed in the Eden Prairie community and is well respected. VOTE ON THE MOTION: Motion carried 4-0. Case said Mr. Narayanan will be sworn in at the next Council meeting on Tuesday, January 22. B. REPORT OF CITY MANAGER 1. Board and Commission Recruitment Getschow said there are six other City commissions other than the Board of Appeals and Equalization. We will begin the recruitment process for those commissions on January 9 when the application process opens. Applications CITY COUNCIL MINUTES January 8, 2019 Page 9 must be submitted by February 4. Unlike the process in many other cities, the full City Council will interview each of the commission candidates on February 26. The Council then appoints commissioners on March 5, with an orientation for commissioners in late March. MOTION: Aho moved, seconded by Freiberg to approve the timeline for recruitment of Board and Commission candidates and set February 26, 2019 as the date for commission interviews. Motion carried 4-0. C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Professional Service Agreement with Artist CJ Rench of CJR Design for Preserve Boulevard Public Art Lotthammer said several years ago the City Council asked staff to look at opportunities for public art within the community. Funds have been budgeted for public art in the Preserve Boulevard project. He gave a PowerPoint presentation that reviewed the timeline for the project and noted we received over 70 applications from artists. He said a staff committee was formed to review the applications. The Committee asked four of the applicants to provide more detailed information. In October the committee selected C. J. Rench to design the public art. Mr. Rench is an artist who has done projects all over the country. Lotthammer showed models of two designs and gave a PowerPoint presentation of several designs. He noted we can choose the designs and colors to be used. The locations selected for the art are the intersection of Anderson Lakes Parkway and Preserve Boulevard, two located in the medians of Preserve Boulevard, and one near the intersection of Preserve Boulevard and Prairie Center Drive. The art pieces would play off the vegetation found in the City and would be 15-25 feet tall. Nelson asked if we will do four of the six designs presented in the material and if those four have been decided on. Lotthammer replied the four designs will be the ones in the slide presentation. He said the pieces have been vetted with our natural resource specialists. We want the art to be representative of what we have in the community, but there could be changes in the selection. Nelson commented she was not sure if the green design would weather well. Aho said he had some of the same considerations as to which ones were selected and where they would be located. He asked if there was any way to replicate the grasses we have in our City logo. Lotthammer said we did not ask them to do that, but we could take a look at that. Aho then asked what is included in the $130,000 cost. Lotthammer replied there will be two large pieces, one at each CITY COUNCIL MINUTES January 8, 2019 Page 10 end, and two smaller pieces in the medians. All the concept, design and structural work that needs to take place is included. Case thought this should represent plants that were here in Eden Prairie before 1852 in order to make sense with our prairie logo. He noted public art was one of the really big pieces of Mayor Tyra-Lukens' legacy. As a Council, we felt this area coming north towards the mall is a central gateway to the mall. He thought the committee is on the right track, and he liked the idea of telling a story and having historical connections. He asked if the Council is being asked to approve the contract tonight but will still have the ability to tweak the designs. Getschow said that was correct. Aho said the new monument entry sign on I-494 looks very nice. Case noted Council Members Aho and Butcher Wickstrom were on the committee that worked on the monument signs. MOTION: Nelson moved, seconded by Aho, to approve the professional services agreement for$130,000 with CJ Rench of CJR Design for Preserve Boulevard public art design, fabrication, and installation, subject to submission of all contract-required documents including bonds and insurance certificates. Motion carried 4-0. E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XVI. OTHER BUSINESS XVII. ADJOURNMENT MOTION: Freiberg moved, seconded by Aho, to adjourn the meeting. Motion carried 4-0. Mayor Case adjourned the meeting at 8:19 p.m. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar January 22, 2019 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Christy Weigel, Clerk's License Application List IX.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 Temporary Liquor 2019 Renewal Licenses Organization: Eden Prairie Lions Club Event: State of the Foundation, City& Schools Private Kennel Date: February 28, 2019 Becky Beiersdorf Place: Eden Prairie City Hall—Heritage Rooms 6961 Raven Court 8080 Mitchell Rd Debra Wegler 8571 Saratoga Lane Temporary Liquor Organization: Eden Prairie Lions Club Event: Schooner Days Date: May 31 —June 2, 2019 Place: Round Lake Park&EP Community Center Parking Lot 16691 & 16700 Valley View Road Temporary Liquor Organization: Eden Prairie Lions Club Event: Hometown Celebration Date: July 3-4, 2019 Place: Round Lake Park 16691 Valley View Road Temporary Liquor Organization: Eden Prairie Lions Club Event: Corn Feed Date: August 3, 2019 Place: Round Lake Park 16691 Valley View Road - 1 - CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar January 22, 2019 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development/Planning Abra Auto Body IX.B. Janet Jeremiah/Julie Klima Requested Action Move to: • Adopt a Resolution for a Site Plan on 2.98 acres; and • Adopt a Resolution for Preliminary Plat on 2.98 acres; and • Approve 2nd Reading of the Ordinance for Zoning District Change from C-COM to I2 on 2.98 acres; and • Approve the Development Agreement for Abra Auto Body contingent upon receipt by the City of an amendment to Title Insurance Commitment No. NCS-896608-MPLS for the Property showing that title to the Property is vested solely in KTJ 315, LLC, a Minnesota limited liability company; and removing reference to Kal Stay, LLC, a Minnesota limited liability company, no later than March 25, 2019. If the foregoing is not satisfied by said date, Development Agreement referred to above is hereby null and void without further action by the City Council except the Property shall remain subject to the Guide Plan Change from Community Commercial to Industrial. Synopsis This is the final approval of the development agreement and plans for Abra Auto Body. The property is located at 13045, 13075 and 13105 Pioneer Trail. The project includes the construction of an approximate 18,000 square foot Abra Auto Body building. Background On August 21, 2018, the City Council approved the 1st reading of the Ordinance for the Zoning change for Abra Auto Body and directed staff to prepare a Development Agreement. In addition, the Comprehensive Plan Amendment to reguide the property to Industrial was approved subject to approval by the Metropolitan Council. The Preliminary Plat was also approved subject to the execution of a Development Agreement. The Metropolitan Council authorized the City to put the Comprehensive Plan amendment for this project into effect on September 11, 2018. The 120-Day review period expires on January 26, 2019. Attachments 1. Ordinance—Rezoning 2. Ordinance Summary 3. Resolution—Site Plan 4. Resolution—Preliminary Plat 5. Development Agreement ABRA AUTO BODY CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2019 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 Community Commercial (C-COM) District and be placed in the I2 District. Section 3. The proposal is hereby adopted and the land shall be, and hereby is removed from the C-COM District and shall be included hereafter in the I2 District, 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 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. Ordinance No. 3-2019 for Zoning District Change from Community Commercial (C-COM) to 12 on 2.98 acres is contingent upon receipt by the City of an amendment to Title Insurance Commitment No. NCS-896608-MPLS for the Property showing that title to the Property is vested solely in Oppidan Holdings, LLC, a Minnesota limited liability company; and removing reference to Kal Stay, LLC, a Minnesota limited liability company, no later than March 25, 2019. If the foregoing is not satisfied by said date, the approvals granted by this Ordinance No. 3-2019 are hereby automatically null and void, which shall be evidenced by adoption by the City Council confirming Ordinance No. 3-2019 is revoked, except the Property shall remain zoned and guided as I-1 District. Section 6. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of January 22, 2019, entered into between KTJ 315 LLC and the City of Eden Prairie, and which Agreement are hereby made a part hereof 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 21st day of August, 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 22nd day of January, 2019. ATTEST: Kathleen Porta, City Clerk Ronald A. Case, Mayor PUBLISHED in the Eden Prairie News on , 2019. EXHIBIT A LEGAL DESCRIPTION Parcel 1: Lot 1, Block 1, M & K Addition, Hennepin County; Minnesota. Parcel 2: The West 160 feet of the following described property: That part of the East Half of the Northeast Quarter and the Northeast Quarter of the Southeast Quarter of Section 27, Township 116,North of Range 22 West of the Fifth Principal Meridian described as follows: Commencing on the North line of said Section 27 at a point 330 feet West of the Northeast corner of said Section, running thence South parallel with the East line of said Section, 3300 feet to the South line of the North Half of the Northeast Quarter of the Southeast Quarter of said Section 27; thence West 660 feet; thence North 3300 feet; thence East 660 feet to the place of beginning lying North of the North line of the South Quarter of the Northeast Quarter of Section 27 and South of the Southerly line of Registered Land Survey No. 791. Parcel 3: Lot 1, Block 2, Augusta Addition, Hennepin County, Minnesota. ABRA AUTO BODY CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF 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 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 rezoning of land located at 13045, 13075, and 13105 Pioneer Trail, from the C-Com to the I2 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 Ronald A. Case, Mayor PUBLISHED in the Eden Prairie News on , 2019. (A full copy of the text of this Ordinance is available from City Clerk.) EXHIBIT A Legal Description Before Final Plat Parcel 1: Lot 1, Block 1, M & K Addition, Hennepin County; Minnesota. Parcel 2: The West 160 feet of the following described property: That part of the East Half of the Northeast Quarter and the Northeast Quarter of the Southeast Quarter of Section 27, Township 116,North of Range 22 West of the Fifth Principal Meridian described as follows: Commencing on the North line of said Section 27 at a point 330 feet West of the Northeast corner of said Section, running thence South parallel with the East line of said Section, 3300 feet to the South line of the North Half of the Northeast Quarter of the Southeast Quarter of said Section 27; thence West 660 feet; thence North 3300 feet; thence East 660 feet to the place of beginning lying North of the North line of the South Quarter of the Northeast Quarter of Section 27 and South of the Southerly line of Registered Land Survey No. 791. Parcel 3: Lot 1, Block 2, Augusta Addition, Hennepin County, Minnesota. Legal Description After Final Plat Lot 1, Block 1, Pioneer Trail Eden Prairie Addition CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2019- A RESOLUTION GRANTING SITE PLAN APPROVAL FOR ABRA AUTO BODY BY KTJ 315 LLC WHEREAS, Oppidan, Inc. has applied for Site Plan approval to construct an approximate 18,000 square foot Abra Auto Body, by an Ordinance approved by the City Council on January 22, 2019; 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 August 21, 2019 meeting. WHEREAS,Resolution No. 2019-16 for Site Plan Review is contingent upon receipt by the City of an amendment to Title Insurance Commitment No. NCS-896608-MPLS for the Property showing that title to the Property is vested solely in Oppidan Holdings, LLC, a Minnesota limited liability company; and removing reference to Kal Stay, LLC, a Minnesota limited liability company, no later than March 25, 2019. If the foregoing is not satisfied by said date, the approvals granted by Resolution No. 2019-16 is hereby null and void which shall be confirmed by adoption by the City Council of a Resolution confirming Resolution No. 2019-16 is revoked. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,that site plan approval is granted to Oppidan, Inc. based on the Development Agreement between KTJ 315 LLC and the City of Eden Prairie, reviewed and approved by the City Council on January 22, 2019. ADOPTED by the City Council of the City of Eden Prairie this 22nd day of January, 2019. Ronald A. Case, Mayor ATTEST: Kathleen Porta, City Clerk CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2019- _ RESOLUTION APPROVING THE PRELIMINARY PLAT OF ABRA AUTO BODY FOR OPPIDAN,INC. WHEREAS,the City of Eden Prairie approved Resolution No.2018-98 on August 21,2018 granting preliminary plat approval of Abra Auto Body for Oppidan, Inc.; WHEREAS,Resolution No.2019-17 amends and supersedes Resolution No.2018-98;and WHEREAS,Resolution No. 2019-17 for Preliminary Plat is contingent upon receipt by the City of an amendment to Title Insurance Commitment No. NCS-896608-MPLS for the Property showing that title to the Property is vested solely in Oppidan Holdings, LLC, a Minnesota limited liability company; and removing reference to Kal Stay, LLC, a Minnesota limited liability company, no later than March 25, 2019. If the foregoing is not satisfied by said date, the approvals granted by Resolution No. 2019-17 is hereby null and void which shall be confirmed by adoption by the City Council of a Resolution confirming Resolution No. 2019-17 is revoked. BE IT RESOLVED, by the Eden Prairie City Council as follows: Abra Auto Body for Oppidan,Inc. stamp dated August 14,2018,and consisting of 2.98 acres into 1 lots,a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances,and amendments thereto,and is herein approved subject to approval of the 2nd reading of the Ordinance for a Zoning District change and approval of the Development Agreement. ADOPTED by the Eden Prairie City Council on the 22'd day of January, 2019. Ronald A. Case, Mayor ATTEST: Kathleen Porta, City Clerk DEVELOPMENT AGREEMENT ABRA AUTO BODY THIS DEVELOPMENT AGREEMENT("Agreement")is entered into as of January 22, 2019, by KTJ 315, LLC, a Minnesota limited liability company, hereinafter referred to as "Developer," its successors and assigns, and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City": WITNESSETH: WHEREAS, Developer has applied to City for Guide Plan Change from Community Commercial to Industrial on 2.98 acres, Zoning District Change from Community Commercial to I2 Zoning District on 2.98 acres, Site Plan Review on 2.98 acres, and Preliminary Plat of 2.98 acres into 1 lot(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 Zoning District Change from Community Commercial (C-COM) to 12 on 2.98 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. PLANS: Developer shall develop the Property in conformance with the materials revised and stamp dated August 14, 2018, reviewed and approved by the City Council on August 21,2018, (hereinafter the "Plans") and identified on Exhibit B, subject to such changes and 1 Abra Auto Body Development Agreement (January 22, 2019) modifications as provided herein. 2. EXHIBIT C: Developer agrees to the terms, covenants, agreements, and conditions set forth in Exhibit C. 3. CROSS ACCESS AND MAINTENANCE AGREEMENT: Prior to release of the final plat for the Property, Developer shall provide a Cross Access Easement Agreement over the proposed private driveway location within the Property that provides cross access to the Metropolitan Airports Commission property,PID#27-116-22-13-0005,adjacent to the Property. The form and substance of the Agreement is subject to approval in writing by the City Engineer. This Agreement shall address joint vehicle access, grading and maintenance over the proposed private driveway location. All of these facilities shall be privately owned and maintained by the Developer. After approval by the City Engineer, Developer shall file the Cross Access Easement with the Hennepin County Registrar of Titles' Office and Hennepin County Recorder's Office, as appropriate, immediately after the recording of the final plat and prior to recording of any document affecting the property including but not limited to any mortgage granted by the Developer its successors and assigns. Prior to the issuance of the first building permit for the Property, Developer shall submit to the City Engineer proof that the Cross Access Easement has been recorded in the Hennepin County Registrar of Titles' Office and the Hennepin County Recorder's Office, as appropriate. At the time of development of PID #27-116-22-13-0005, the Developer shall enter into a Maintenance Agreement for the proposed private driveway. The Agreement shall be filed with the Hennepin County Registrar of Titles' Office and Hennepin County Recorder's Office, as appropriate and a copy provided to the City. 4. DEVELOPER'S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a violation of City Code relating to use of the Land and construction thereon or failure to fulfill an obligation imposed upon the Developer pursuant to this Agreement, City shall give 24 hour notice of such violation in order to allow a cure of such violation, provided however, City need not issue a building or occupancy permit for construction or occupancy on the Land while such a violation is continuing,unless waived by City. The existence of a violation of City Code or the failure to perform or fulfill an obligation required by this Agreement shall be determined solely and conclusively by the City Manager of the City or a designee. 5. DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer shall release, defend and indemnify City, its elected and appointed officials, employees and agents from and against any and all claims, demands, lawsuits, complaints, loss, costs 2 Abra Auto Body Development Agreement (January 22, 2019) (including attorneys' fees), damages and injunctions relating to any acts, failures to act, errors, omissions of Developer or Developer's consultants, contractors, subcontractors, suppliers and agents. Developer shall not be released from its responsibilities to release, defend and indemnify because of any inspection, review or approval by City. 6. EXTERIOR MATERIALS: Prior to building permit issuance, Developer shall submit to the City Planner, and receive the City Planner's written approval of a plan depicting exterior materials and colors to be used on the buildings on the Property. Prior to issuance of any occupancy permit for the Property, Developer shall complete implementation of the approved exterior materials and colors plan in accordance with the terms and conditions of Exhibit C, attached hereto. 7. FENCE MAINTENANCE: The Developer shall maintain the fencing material identified in the Plans in good condition at all times. Damaged fencing shall at all times be replaced to ensure compliance with this provision. 8. FINAL PLAT: The final plat of the Property shall be recorded with the Hennepin County Registrar of Titles' Office and Hennepin County Recorder's Office 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. 9. 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 3 Abra Auto Body Development Agreement (January 22, 2019) with the approved plans. Developer shall employ the design professional who prepared the final grading plan. The design professional shall monitor critical phases of construction for conformance to the approved final grading plan and Stormwater Pollution Prevention Plan (SWPPP). The design professional shall provide a final report to the City certifying completion of the grading in conformance the approved final grading plan and SWPPP. In addition, the design professional retained by the Developer to perform the monitoring of the Project shall be responsible for all monitoring,data entry and reporting to the PermiTrack ESC web-based erosion and sediment permit tracking program utilized by the City. B. STORMWATER FACILITY CONSTRUCTION: Stormwater Facilities, including detention basins,retention basins,"Stormwater Infiltration"or"Filtration Systems" (such as rainwater gardens, vegetated swales, infiltration basins, vegetated filters, filter strips, curbless parking lot islands, parking lot islands with curb-cuts, traffic islands, tree box filters, bioretention systems or infiltration trenches) or "Underground Systems" (such as media filters, underground sand filters, underground vaults, sedimentation chambers, underground infiltration systems, pre-manufactured pipes, modular structures or hydrodynamic separators) shall be maintained by the Developer during construction and for a minimum of two(2)full growing seasons after completion of the development to ensure that soil compaction, erosion, clogging, vegetation loss, channelization of flow or accumulation of sediment are not occurring, and thereafter by the Owner of the Property. Planting and Maintenance Plans for the Stormwater Facilities (where appropriate) to ensure that the Stormwater Facilities continue to function as designed in perpetuity must be submitted prior to release of the first building permit for the Development Developer shall employ the design professional who prepared the final grading plan to monitor construction of the Stormwater Facilities for conformance to the Minnesota Pollution Control Agency publication entitled "State of Minnesota Storm Water Manual" current edition, 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. 4 Abra Auto Body Development Agreement (January 22, 2019) 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 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 5 Abra Auto Body Development Agreement (January 22, 2019) threatening to impair the function of the Stormwater Facilities must be repaired. The following criteria must be included in the inspection: • A storage treatment basin (including retention and detention basins) shall be considered inadequate if sediment has decreased the wet storage volume by 50 percent or dry storage volume by 25 percent of its original design volume. • A Stormwater Infiltration System shall be considered inadequate if sediment has accumulated that impairs or has the potential to impair infiltration of stormwater. 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 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 6 Abra Auto Body Development Agreement (January 22, 2019) 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. 10. 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. 11. LANDSCAPE PLAN: Prior to building permit issuance, the Developer shall submit to the City Planner and receive the City Planner's written approval of a final landscape plan for the Property depicting a total of 116.5 caliper inches. The approved landscape plan shall be consistent with the quantity, type, and size of plant materials shown on the landscape plan on the Plans. Developer shall furnish to the City Planner and receive the City Planner's written approval of a security in the form of a cash escrow,or letter of credit, equal to 150% of the cost of said improvements as required by City Code. The installation of the landscaping shall conform to the approved landscape plan including but not limited to the size, species and location. Any changes, including but not limited to removal and relocation, to the landscaping plan or landscaping installed on the Property shall be reviewed and approved by the City prior to implementing said changes. Prior to issuance of any occupancy permit for the Property, Developer shall complete implementation of the approved landscape plan in accordance with the terms and conditions of Exhibit C. 12. 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 7 Abra Auto Body Development Agreement (January 22, 2019) 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. 13. PARK DEDICATION: The park dedication fees shall be paid at the City's standard rate as set forth in Exhibit C. 14. 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 Metropolitan Airport Commission, the Minnesota Pollution Control Agency and Riley Purgatory Bluff Creek Watershed District. The Developer shall file an aeronautical study with the FAA for the proposed permanent structure and temporary construction equipment exceeding the height of the permanent structure. A copy of the aeronautical study results shall be provided to MAC prior to commencement of construction activities. 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. 15. OUTSIDE STORAGE: Developer shall not permit on the Property, except within the fenced area identified on the Plans, any outside storage of inoperable automobiles, automobile parts, equipment, inventory or refuse. 16. 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. 17. PRIOR DEVELOPMENT AGREEMENT: Upon the filing of this Agreement with the Hennepin County Office of the Registrar of Titles and the Hennepin County Office of the County Recorder, the following development agreements are all hereby terminated as to the Property described on Exhibit A hereto: (a) Development Agreement by and between the City of Eden Prairie and Kal Stay, LLC hereto dated March 8, 2016, filed March 16, 8 Abra Auto Body Development Agreement (January 22, 2019) 2016, recorded with the Office of the County Recorder as Doc. No. A10294669; (b) Development Agreement by and between the City of Eden Prairie and Kal Stay, LLC hereto dated March 8, 2016, filed March 18, 2016, recorded with the Hennepin County Office of the Registrar of Titles as Doc.No. 5333989 and with the Hennepin County Office of the County Recorder as Doc. N. 10294669; and (c) Development Agreement by and between the City of Eden Prairie and Kleve Properties, LLC, dated June 20,2004,recorded July 23, 2004, with the Hennepin County Office of the County Recorder as Document No. 8403202 and with the Hennepin County Office of the Registrar of Titles as Doc. No. 3994222. 18. PIONEER TRAIL CONSTRUCTION: The Developer shall grant,at no cost to the City, temporary construction easements necessary in the City Engineer's judgement to construct the Pioneer Trail Improvements, with such temporary easements in a form and substance acceptable to the City Engineer. The temporary easements shall expire upon issuance by City Engineer of a certificate final completion of the construction of the Pioneer Trail Improvements. Developer shall convey the temporary construction easements within 30 days of request by the City. 19. PIONEER TRAIL STORMWATER: The Developer shall be responsible for obtaining permits for and constructing the public stormwater management facilities as shown on the Plans. The stormwater management facilities shall be sized for the full width of the Pioneer Trail reconstruction project adjacent to the Property including 0.59 acres of reconstructed impervious area. Following the award of the Pioneer Trail (CSAH 1 to CSAH 1) project construction contract, or July 1, 2021, whichever comes first,the City will conduct a final inspection of the stormwater management facilities. Upon written acceptance by the City Engineer of the stormwater management facilities, the City will assume, except as provided in the last sentence hereof, permanent maintenance responsibilities for the stormwater pond and infiltration swales within the drainage and utility easements abutting Pioneer Trail. The Developer shall continue to be responsible for maintenance of any inlets originating from the Property, including regular sweeping, removal of debris and litter, maintenance of sumps, and sediment delta removal. 20. REMOVAL/SEALING OF EXISTING WELL AND SEPTIC SYSTEMS: Prior to issuance by City of any permit for grading or building on the Property, Developer shall submit to the Chief Building Official and to obtain the Chief Building Official's written approval of plans for demolition and removal of existing septic systems and wells on the Property, and restoration of the Property. Prior to issuance by City of any permit for grading or building on the Property, Developer shall complete the demolition and removal of existing septic systems and wells on the 9 Abra Auto Body Development Agreement (January 22, 2019) Property and restore the Property. Prior to such demolition or removal, Developer shall provide to the City a deposit in the amount of $1,000.00 to guarantee that Developer completes implementation of the approved plan. The city shall return to Developer the $1000.00 deposit at such time as the Chief Building Official has verified in writing that the Developer has completed implementation of the approved plan. 21. 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. 22. 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. 23. 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 E, shall be signed by the owner(s) of the Property with the City for Pioneer Trail Improvements in an amount not to exceed $138,000. The City shall reduce the Pioneer Trail assessments to the Property by an amount to be determined by the City Engineer representing 30% of the reasonable costs incurred or to be incurred by the Developer to construct the stormwater pond and infiltration basins that receive drainage from the Pioneer Trail Improvement Project. Developer acknowledges that additional assessments may be levied upon the Property at the time of the final assessment hearing for the Pioneer Trail Improvements based on the actual project costs. Assessments for the street improvements in excess of the amount stated in the preceding paragraph are not subject to and will not be included in the special assessment agreement. 24. PUBLIC STORM SEWER PLANS: Prior to issuance by the City of any permit for the construction of public storm sewer for the Property, Developer shall submit to the City Engineer, and obtain the City Engineer's written approval of plans for storm sewer. Plans for public infrastructures shall be of a plan view and profile on 24 x 36 plan sheets consistent with City standards. Prior to release of the final plat for the Property,Developer 10 Abra Auto Body Development Agreement (January 22, 2019) shall furnish to the City Engineer and receive the City Engineer's written approval of a surety equal to 125% of the cost of said improvements. A permit fee of five percent of construction value shall be paid to City by Developer. The design engineer shall provide daily inspection, certify completion in conformance to approved plans and specifications and provide record drawings. 25. SIDEWALK EASEMENT: Prior to the release of any final plat for the Property, Developer shall submit a Sidewalk Easement, attached as Exhibit D, for review and written approval by the City Engineer, over a 10 foot wide strip of the Property, directly adjacent to Pioneer Trail. After approval by the City, Developer shall file the Sidewalk Easement with the Hennepin County Registrar of Titles' Office and the Hennepin County Recorder's Office, as appropriate, immediately after the recording of the final plat and prior to recording of any document affecting the property including but not limited to any mortgage granted by the Developer or owners, their successors and/or assigns. Prior to the issuance of the first building permit for the Property, Developer shall submit to the City Engineer proof that the Sidewalk Easement has been recorded in the Hennepin County Registrar of Titles' Office and the Hennepin County Recorder's Office. 26. TRASH: Developer agrees that all trash, trash receptacles and recycling bins shall at all times be located inside of the building enclosures depicted on the Plans. 27. 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 with materials to match the building, include a roof, and gates that completely screen the interior of the enclosure. Developer shall complete implementation of the trash enclosure plan prior to issuance of any occupancy permit for the Property. 28. TREE LOSS - TREE REPLACEMENT: There are 142 caliper inches of significant trees on the Property. Tree loss related to development on the Property is calculated at 118 caliper diameter inches. Tree replacement required are 59 caliper inches. Prior to the issuance of any grading permit for the Property,Developer shall submit to the City Forester and receive the City Forester's written approval of a tree replacement plan for 59 caliper inches. This approved plan shall include replacement trees of a 2.5-inch diameter minimum size for 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 grading permit for the Property,Developer shall furnish to the City Planner and receive the City Planner's approval of a tree replacement bond equal to 150% 11 Abra Auto Body Development Agreement (January 22, 2019) of the cost of said improvements as required by City Code. Developer shall complete implementation of the approved tree replacement plan prior to occupancy permit issuance. IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. 12 Abra Auto Body Development Agreement (January 22, 2019) CITY OF EDEN PRAIRIE By Ronald A. Case 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 , 2019,by Ronald A. Case and Rick Getschow,respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. Notary Public 13 Abra Auto Body Development Agreement (January 22, 2019) KTJ 315, LLC By Its STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 201_, by , the , of KTJ 315, LLC, a Minnesota limited liability company, on behalf of the company. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 14 Abra Auto Body Development Agreement (January 22, 2019) EXHIBIT A - ABRA AUTO BODY DEVELOPMENT AGREEMENT LEGAL DESCRIPTION PRIOR TO FINAL PLAT Parcel 1: Lot 1, Block 1, M &K Addition, Hennepin County; Minnesota. Parcel 2: The West 160 feet of the following described property: That part of the East Half of the Northeast Quarter and the Northeast Quarter of the Southeast Quarter of Section 27, Township 116,North of Range 22 West of the Fifth Principal Meridian described as follows: Commencing on the North line of said Section 27 at a point 330 feet West of the Northeast corner of said Section, running thence South parallel with the East line of said Section, 3300 feet to the South line of the North Half of the Northeast Quarter of the Southeast Quarter of said Section 27; thence West 660 feet; thence North 3300 feet; thence East 660 feet to the place of beginning lying North of the North line of the South Quarter of the Northeast Quarter of Section 27 and South of the Southerly line of Registered Land Survey No. 791. Parcel 3: Lot 1, Block 2, Augusta Addition, Hennepin County, Minnesota. LEGAL DESCRIPTION FOLLOWING FINAL PLAT Lot 1, Block 1, Pioneer Trail Eden Prairie Addition, Hennepin County, Minnesota 15 Abra Auto Body Development Agreement (January 22, 2019) EXHIBIT B DEVELOPMENT AGREEMENT—ABRA AUTO BODY Cover Sheet dated 8/14/2018 by Kimley Horn Alta/NSPS Land Title Survey by Egan, Field&Nowak, Inc. General Notes dated 8/14/2018 by Kimley Horn Demo Plan dated 8/14/2018 by Kimley Horn Erosion and Sediment Control Plan, Phase 1 dated 8/14/2018 by Kimley Horn Erosion and Sediment Control Plan, Phase 2 dated 8/14/2018 by Kimley Horn Erosion and Sediment Control Details dated 8/14/2018 by Kimley Horn Site Plan dated 8/14/2018 by Kimley Horn Site Details dated 8/14/2018 by Kimley Horn Vehicle Movement dated 8/14/2018 by Kimley Horn Fire Truck Movement dated 8/14/2018 by Kimley Horn Lighting Plan dated 5/17/2018 by Pulse Grading Plan dated 8/14/2018 by Kimley Horn Grading Details dated 8/14/2018 by Kimley Horn Storm Sewer Plan dated 8/14/2018 by Kimley Horn Storm Sewer Profiles (Sheet C503) dated 8/14/2018 by Kimley Horn Storm Sewer Profiles (Sheet C504) dated 8/14/2018 by Kimley Horn Utility Plan dated 8/14/2018 by Kimley Horn Utility Details dated 8/14/2018 by Kimley Horn Tree Preservation Plan dated 8/14/2018 by Kimley Horn Landscape Plan dated 8/14/2018 by Kimley Horn Landscape Enlargements dated 8/14/2018 by Kimley Horn Landscape Details dated 8/14/2018 by Kimley Horn Exterior Elevations dated 7/31/2018 by MJM Architects Floor Plan and Dumpster Enclosure dated 6/27/2018 by MJM Architects Exterior Façade Material Information&Renderings dated 6/27/2018 by MJM Architects Preliminary Plat dated 6/12/2018 by Kimley Horn 16 Abra Auto Body Development Agreement (January 22, 2019) EXHIBIT C DEVELOPMENT AGREEMENT—ABRA AUTO BODY 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: Kal Stay, LLC With respect to any interest in all portions of the Property which Developer is required, pursuant to this Agreement, to dedicate or convey to the City (the "Dedicated Property"), Developer represents and warrants as follows now and at the time of dedication or conveyance: A. That Developer has marketable fee title free and clear of all mortgages, liens, and other encumbrances. Prior to final plat approval, Developer shall provide to the City a current title insurance policy insuring such a condition of title. 17 Abra Auto Body Development Agreement (January 22, 2019) B. That Developer has not used, employed, deposited, stored, disposed of, placed or otherwise allowed to come in or on the Dedicated Property,any hazardous substance, hazardous waste, pollutant, or contaminant, including, but not limited to, those defined in or pursuant to 42 U.S.C. § 9601, et. seq., or Minn. Stat., Sec. 115B.01, et. seq. (such substances, wastes, pollutants, and contaminants hereafter referred to as "Hazardous Substances"); C. That Developer has not allowed any other person to use, employ, deposit, store, dispose of, place or otherwise have, in or on the Property, any Hazardous Substances. D. That no previous owner, operator or possessor of the Property deposited, stored, disposed of, placed or otherwise allowed in or on the Property any hazardous substances. Developer agrees to indemnify, defend and hold harmless City, its successors and assigns, against any and all loss, costs, damage and expense, including reasonable attorneys fees and costs that the City incurs because of the breach of any of the above representations or warranties and/or resulting from or due to the release or threatened release of Hazardous Substances which were, or are claimed or alleged to have been,used, employed, deposited, stored, disposed of, placed, or otherwise located or allowed to be located, in or on the Dedicated Property by Developer, its employees, agents, contractors or representatives. VIII. Developer acknowledges that Developer is familiar with the requirements of Chapter 11, Zoning, and Chapter 12, Subdivision Regulations, of the City Code and other applicable City ordinances affecting the development of the Property. Developer agrees to develop the Property in accordance with the requirements of all applicable City Code requirements and City Ordinances. IX. Prior to release of the final plat,Developer shall pay to City fees for the first three(3)years' street lighting on the public streets adjacent to the Property(including installation costs, if any, as determined by electrical power provider)„ engineering review, and street signs. X. Developer shall submit detailed water main, fire protection, and emergency vehicle access plans to the Fire Marshal for review and approval. Developer shall follow all the recommendations of the Fire Marshal. XI. Developer acknowledges that the rights of City performance of obligations of Developer contemplated in this agreement are special, unique, and of an extraordinary character, and that, in the event that Developer violates, or fails, or refuses to perform any covenant, condition, or provision made herein, City may be without an adequate remedy at law. Developer agrees, therefore, that in the event Developer violates, fails, or refuses to 18 Abra Auto Body Development Agreement (January 22, 2019) 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. 19 Abra Auto Body Development Agreement (January 22, 2019) XIX. Within 10 days of the approval of the Development Agreement,the Developer shall record the Development Agreement at the County Recorder and/or Registrar of Titles. The final plat shall not be released until proof of filing of the Development Agreement is submitted to 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 20 Abra Auto Body Development Agreement (January 22, 2019) 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. 21 Abra Auto Body Development Agreement (January 22, 2019) EXHIBIT D DEVELOPMENT AGREEMENT - ABRA AUTO BODY SIDEWALK EASEMENT ("Grantor")hereby grants and conveys this day of , 201_, to City of Eden Prairie ("Grantee") an easement ("Easement") for the following uses and purposes and subject to the following terms and conditions on, over, under, and across under real property in the County of Hennepin, State of Minnesota,described in Exhibit A attached and made a part here of. ("Easement Parcel") 1. Uses and Purposes. The Easement shall be for the following purposes and uses of the Easement parcel: A. To construct, maintain and replace a sidewalk; B. For travel by the public, on foot, and in or on non-motorized vehicles, including but not limited to, bicycles, skis, strollers, and skates; C. For travel by the public in or on motorized vehicles authorized by Grantee; D. To remove, cut and trim trees, shrubs and vegetation. 2. Nonexclusive. The Easement shall be nonexclusive, provided however, the Easement shall be paramount and superior to any other easement. Any other easement shall be subject and subordinate to, and shall not interfere with, the Easement without the consent, in writing, of Grantee. 3. Duration of Easement. The Easement shall be perpetual, shall run with the land and shall be binding upon Grantor and Grantor's heirs, successors and assigns and shall be for the benefit of Grantee, its successors and assigns. 4. Grantor covenants that Grantor is the record Fee Owner of the Easement Parcel, holds the legal and equitable title thereto, free and clear of all mortgages, liens and encumbrances, except the holder(s) of which has/have agreed in writing to the Easement pursuant to the attached consent(s) and has lawful right and authority without restriction to grant and convey the Easement. 22 Abra Auto Body Development Agreement (January 22, 2019) IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. GRANTOR CITY OF EDEN PRAIRIE NOT TO BE SIGNED By NOT TO BE SIGNED _ Ron Case Its Mayor NOT TO BE SIGNED By NOT TO BE SIGNED _ Rick Getschow Its City Manager STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 2019, by Ron Case 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 201_,by , the , a Minnesota , on behalf of the corporation. 23 Abra Auto Body Development Agreement (January 22, 2019) EXHIBIT E DEVELOPMENT AGREEMENT —ABRA AUTO BODY AGREEMENT REGARDING SPECIAL ASSESSMENTS THIS IS AN AGREEMENT MADE THIS day of , 201_,between the City of Eden Prairie, a municipal corporation, (the "City") and Oppidan Holdings, LLC, a Minnesota limited liability company(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) Street and utility improvements adjacent to the Property(which is hereafter referred to as"Pioneer Trail Improvements"). C. The parties hereto desire to enter into an Agreement concerning the financing of the construction of the Pioneer Trail Improvements all of which will inure to the benefit of the Property. AGREEMENTS IT IS HEREBY AGREED as follows: 1. The Owner consents to the levying of assessments against the Property for the construction, and maintenance of the Pioneer Trail Improvements as follows: a). The Property will be assessed for Pioneer Trail Improvements in an amount not to exceed$138,000 in accordance with the Feasibility Report pursuant to Minnesota Statutes Chapter 429. The Owner agrees and acknowledges that the Property will be assessed the actual cost of the Pioneer Trail Improvements,which may be greater than$138,000. Assessments levied for Pioneer Trail Improvements in excess of$138,000 are not subject to this special assessment agreement. 2. The City will prepare a Feasibility Report that shows proposed costs to be assessed against the Property and additional amounts to other lands for the Pioneer Trail Improvements. The actual cost to be assessed against the Property for the Pioneer Trail Improvements may differ from 24 Abra Auto Body Development Agreement (January 22, 2019) the amount in the Feasibility Report. Actual cost to be assessed against the Property for the Pioneer Trail Improvements shall be determined in the same manner as reported in the Feasibility Report prepared with respect to these improvements. 3. For purposes of determining the amount of the assessments,the costs of the Pioneer Trail Improvements shall 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 Pioneer Trail Improvements and costs incurred for acquisition of easements and or right-of-way including attorney fees. 4. The assessment for Pioneer Trail Improvements up to the amount of$138,000 that are subject to this special assessment agreement will be referred to hereafter as the"Agreed Assessments". 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 Assessment,up to the amount stated in paragraph 1, 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 amount stated in paragraph 1, or the procedures used by the City in apportioning the 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 special assessments contemplated by Paragraph 1 hereof 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. 9. This Agreement constitutes a lien upon the Property in the amount of$138,000 until such time as the assessments referred to above are levied. 25 Abra Auto Body Development Agreement (January 22, 2019) IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. OWNER: By: NOT TO BE SIGNED Its: NOT TO BE SIGNED STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 201_, by , the of , a on behalf of the . Notary Public 26 Abra Auto Body Development Agreement (January 22, 2019) CITY OF EDEN PRAIRIE NOT TO BE SIGNED Ron Case, Mayor _NOT TO BE SIGNED_ Rick Getschow, City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2019, by Ron Case and Rick Getschow, respectively the Mayor and City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of the city. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 27 Abra Auto Body Development Agreement (January 22, 2019) CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar January 22, 2019 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development/Planning Eden Bluff 4th Addition(CH Robinson) IX.C. Janet Jeremiah/Angie Perera Requested Action • Approve 2nd Reading of the Ordinance for Planned Unit Development District Review with waivers on 11.67 acres; and • Adopt Resolution for Site Plan Review on 11.67 acres; and • Approve the Development Agreement for Eden Bluffs 4th Addition(CH Robinson) Synopsis This is the final approval of the development agreement and plans for the Eden Bluff 4th Addition (aka: the CH Robinson campus) located at the corner of Liatris Lane and Charlson Road. The property is part of a larger CH Robinson office campus. CH Robinson has expressed the need for additional employee parking which has prompted the site plan application. The proposed office use is consistent with the City Code and Comprehensive Plan and with previous approvals for the continued use of the property. The current application includes the construction of surface parking and construction of a 120,000 sq. ft., 2-story office building which is proposed as a phased development approach. The proposed site plan including the building and proposed future expansion complies with the City Code requirements for setbacks, number of parking stalls (717 total), and parking stall and drive aisle sizing. Background On November 13, 2018, the City Council approved the 1st reading of the Ordinance for the PUD and the Site Plan and directed staff to prepare a Development Agreement. The Site Plan has been revised since the Pt reading to address comments and conditions as recommended by the City Council, and consistent with staff comments as were included in the cover memo to the City Council on November 13th. Revisions made to the Site Plan include the addition of deciduous and coniferous trees along Liatris Lane to provide screening of automobile headlights, and revisions to the landscape plans to provide consistency with the landscape and planting schedules. Other revisions include the installation of a future median in Liatris Lane. The Development Agreement requires the developer to install the future median with the future driveway access onto Liatris Lane at the same time as the Phase II improvements are constructed. The developer is also required to submit a surety for the cost of the median improvements as noted in the Development Agreement. The timing of a future traffic study is also included in the Development Agreement stating that the developer is required to submit an updated traffic study report to the City Engineer prior to the application for a building permit for the Phase II project. Traffic modifications/improvements as identified in the updated traffic study must be incorporated into the Phase II plans and constructed prior to issuance of an occupancy permit for the building. The 120-Day Review Period Expires on February 8, 2019. Attachments 1. Ordinance 2. Ordinance Summary 3. Resolution 4. Development Agreement EDEN BLUFF 4 TH ADDITION CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 4-2019-PUD-2-2019 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,AMENDING CERTAIN LAND WITHIN A ZONING DISTRICT,AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT,AND,ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be amended within the Office (OFC) District 3-2019-PUD-2-2019 (hereinafter "PUD-2-2019-OFC). Section 3. The City Council hereby makes the following findings: A. PUD-2-2019-OFC is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-2-2019-OFC 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-2-2019-OFC are justified by the design of the development described therein. D. PUD-2-2019-OFC is of sufficient size, composition, and arrangement that its construction, marketing, and operation is feasible as a complete unit without dependence upon any subsequent unit. Section 4. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of January 22, 2019, entered into between C. H. Robinson Worldwide Inc., and the City of Eden Prairie, (hereinafter"Development Agreement"). The Development Agreement contains the terms and conditions of PUD-2-2019-OFC, and are hereby made a part hereof. Section 5. The proposal is hereby adopted and the land shall be, and hereby is amended within the Office District and shall be included hereafter in the Planned Unit Development 2-2019-OFC, 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 13th day of November, 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 22nd day of January, 2019. ATTEST: Kathleen Porta, City Clerk Ronald A. Case, Mayor PUBLISHED in the Eden Prairie News on , 2019. EXHIBIT A PUD Legal Description Lot 1, Block 1; Eden Bluff Highlands 4th Addition, Hennepin County, Minnesota EDEN BLUFF 4TH ADDITION CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 4-2019-PUD-2-2019 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 southeast corner of Liatris Lane and Charlson Road within the Office 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 Ronald A. Case, Mayor PUBLISHED in the Eden Prairie News on , 2019. (A full copy of the text of this Ordinance is available from City Clerk.) EXHIBIT A PUD Legal Description Lot 1, Block 1; Eden Bluff Highlands 4th Addition, Hennepin County, Minnesota CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2019- A RESOLUTION GRANTING SITE PLAN APPROVAL FOR EDEN BLUFF 4TH ADDITION BY C. H. ROBINSON WHEREAS, C. H. Robinson has applied for Site Plan approval for the construction of new surface parking and the construction of a 120,000 sq. ft., two-story office building which is proposed as a phased development approach for the C. H. Robinson campus, located at the corner of Liatris Lane and Charlson Road, by an Ordinance approved by the City Council on January 22, 2019; and WHEREAS, the Planning Commission reviewed said application at a public hearing at its October 8, 2018 meeting and recommended approval of said site plans; and WHEREAS, the City Council has reviewed said application at a public hearing at its November 13, 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 C. H. Robinson based on the Development Agreement between C. H. Robinson Worldwide Inc. and the City of Eden Prairie, reviewed and approved by the City Council on January 22, 2019. ADOPTED by the City Council of the City of Eden Prairie this 22nd day of January, 2019. Ronald A. Case, Mayor ATTEST: Kathleen Porta, City Clerk DEVELOPMENT AGREEMENT EDEN BLUFF 4t" ADDITION THIS DEVELOPMENT AGREEMENT("Agreement")is entered into as of January 22, 2019, by C. H. Robinson Worldwide Inc., a Delaware corporation, hereinafter referred to as "Developer," its successors and assigns, and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City": WITNESSETH: WHEREAS,Developer has applied to City for Planned Unit Development District Review with waivers on 11.67 acres, and Site Plan Review on 11.67 acres (the "Applications"), legally described on Exhibit A(the "Property"); WHEREAS, Eden Bluff Holdings LLC and City entered into that certain Development Agreement dated July 18, 2006, filed on August 16, 2006 in the Office of County Recorder as Document # 4294165 and that certain Developer's Agreement dated July 18, 2006 pertaining to approximately 28.11 acres of land(the"C.H.Robinson Campus Property"),legally described in and attached as Exhibit D pertaining to the Property (herein referred to as the Original Developer's Agreement); NOW,THEREFORE,in consideration of the City adopting Ordinance No.3-2019-PUD-2- 2019 for Planned Unit Development District Review and Resolution No. for Site Plan Review, Developer agrees to construct, develop and maintain the Property as follows: 1. EXHIBIT B PLANS: Developer shall develop the Property in conformance with the materials revised and stamp dated December 19, 2018,reviewed and approved by the City Council on January 22,2019,(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. Eden Bluff 4th Addition—January 22, 2019 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: Prior to building permit issuance,Developer shall submit to the City Planner,and receive the City Planner's written approval of a plan depicting exterior materials and colors to be used on the buildings on the Property. Prior to issuance of any occupancy permit for the Property, Developer shall complete implementation of the approved exterior materials and colors plan in accordance with the terms and conditions of Exhibit C, attached hereto. 6. GRADING, DRAINAGE, AND STORMWATER POLLUTION PREVENTION PLANS: A. FINAL GRADING AND DRAINAGE PLAN: Developer agrees that the grading and drainage plan contained in the Plans is conceptual. Prior to the release of a land alteration permit for the Property, Developer shall submit and obtain the City Engineer's written approval of a final grading and drainage plan for the Property. The final grading and drainage plan shall include all wetland 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 Eden Bluff 4th Addition—January 22, 2019 a bond, cash escrow, or letter of credit, equal to 125% of the cost of said improvements as required by City Code. Prior to release of the grading security, Developer shall certify to the City that the Stormwater Facilities conform to the final grading plan and that the Stormwater Facilities are functioning in accordance with the approved plans. Developer shall employ the design professional who prepared the final grading plan. The design professional shall monitor critical phases of construction for conformance to the approved final grading plan and Stormwater Pollution Prevention Plan (SWPPP). The design professional shall provide a final report to the City certifying completion of the grading in conformance the approved final grading plan and SWPPP. In addition, the design professional retained by the Developer to perform the monitoring of the Project shall be responsible for all monitoring, data entry and reporting to the PermiTrack ESC web-based erosion and sediment permit tracking program utilized by the City. B. STORMWATER FACILITY CONSTRUCTION: Stormwater Facilities, including detention basins,retention basins,"Stormwater Infiltration"or"Filtration Systems"(such as rainwater gardens,vegetated swales,infiltration basins,vegetated filters, filter strips, curbless parking lot islands, parking lot islands with curb-cuts, traffic islands, tree box filters, bioretention systems or infiltration trenches) or "Underground Systems" (such as media filters, underground sand filters, underground vaults,sedimentation chambers,underground infiltration systems,pre- manufactured pipes, modular structures or hydrodynamic separators) shall be maintained by the Developer during construction and for a minimum of two(2) full growing seasons after completion of the development to ensure that soil compaction, erosion, clogging, vegetation loss, channelization of flow or accumulation of sediment are not occurring,and thereafter by the Owner of the Property.Planting and Maintenance Plans for the Stormwater Facilities (where appropriate)to ensure that the Stormwater Facilities continue to function as designed in perpetuity must be submitted prior to release of the first building permit for the Development Developer shall employ the design professional who prepared the final grading plan to monitor construction of the Stormwater Facilities for conformance to the Minnesota Pollution Control Agency publication entitled"State of Minnesota Storm Water Manual" current addition, 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 Eden Bluff 4th Addition—January 22, 2019 infiltration system using low-impact earth moving equipment; and not allowing equipment,vehicles, supplies or other materials to be stored or allowed in the areas designated for stormwater infiltration during construction. In areas of structural infiltration Developer shall prior to construction of the infiltration system provide a plan that addresses: (i) construction management practices to assure the infiltration system will be functional; (ii), erosion control measures; (iii) infiltration capacity; (iv) performance specifications that the completed infiltration system must meet to be considered functional by City and(v) corrective actions that will be taken if the infiltration system does not meet the performance specification. All Stormwater Infiltration Systems must be inspected prior to final grading to ensure that the area is infiltrating as proposed and to determine if corrective measures are required to allow infiltration as proposed. Field verification of post-construction infiltration rates must be provided to the City within 30 days after the first rainfall event of inch or greater after the Stormwater Infiltration Systems become operational. If infiltration rates are reduced a plan to restore adequate infiltration must be provided within 90-days of the field verification test. The work required to bring the Stormwater Infiltration System back into compliance be implemented within 60 days of City approval of the plan. Pervious surfaces shall be stabilized with seed and mulch or sod and all impervious surfaces must be completed prior to bringing Stormwater Infiltration Systems online. C. STORMWATER FACILITY INSPECTION AND MAINTENANCE: A Stormwater Maintenance Plan must be provided for operation and maintenance of all Stormwater Facilities to ensure they continue to function as designed in perpetuity prior to issuance of the Land Alteration Permit. The Stormwater Maintenance Plan must identify and protect the design, capacity and functionality of all Stormwater Facilities.The Maintenance Plan must contain at a minimum:the party(s)responsible for maintenance; access plans; inspection frequency; methods used for field verification of infiltration for Stormwater Infiltration Systems; routine and non- routine inspection procedures; sweeping frequency for all parking and road surfaces; plans for restoration of reduced infiltration for Stormwater Infiltration Systems;and plans for replacement of failed systems,all pursuant to and in accordance with Eden Prairie City Code Section 11.55, Subd. 8. During construction and for two years following completion of construction, all Stormwater Facilities shall be inspected at a minimum of once annually to determine if the Stormwater Facility(s) is treating stormwater as designed and should occur within 72-hours after a rainfall event of one-inch or greater to verify infiltration. All Stormwater Facilities shall be kept free of debris,litter,invasive plants and sediment. Eden Bluff 4th Addition—January 22, 2019 Erosion impairing the function or integrity of the Stormwater Facilities,if any,must be corrected and any structural damage impairing or threatening to impair the function of the Stormwater Facilities must be repaired. The following criteria must be included in the inspection: • A storage treatment basin(including retention and detention basins)shall be considered inadequate if sediment has decreased the wet storage volume by 50 percent or dry storage volume by 25 percent of its original design volume. • A Stormwater Infiltration System shall be considered inadequate if sediment has accumulated that impairs or has the potential to impair infiltration of stormwater. • An underground storage chamber shall be considered inadequate if sediment has decreased the infiltration 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. After the two year period of maintenance,the Owner of the Property shall continue to be responsible for maintenance of the Stormwater Facilities. This shall include inspections at a minimum of once per every five years. Regular maintenance shall be conducted and must include regular sweeping of private streets,parking lots or drive aisles at a minimum of once per year; debris and litter removal;removal of noxious and invasive plants;removal of dead and diseased plants; maintenance of approved vegetation; re-mulching of void areas; replanting or reseeding areas where dead or diseased plants were removed; and removal of sediment build-up. 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. 7. IRRIGATION PLAN: Developer shall submit to the City Planner and receive the City Eden Bluff 4th Addition—January 22, 2019 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. 8. LIATRIS LANE MEDIAN: Developer agrees to install a median in Liatris Lane as depicted on the Exhibit B plans. The median shall be installed at the same time as the Phase II improvements are constructed including the driveway access onto Liatris Lane. The purpose of the median is to discourage non-residential vehicular access through the residential neighborhood and to require a right turn,egress movement from C.H.Robinson parking lot onto Liatris Lane. 9. LIATRIS LANE MEDIAN PLANS: Prior to issuance by the City of any permit for the construction of the median on Liatris Lane for the Property, Developer shall submit to the City Engineer, and obtain the City Engineer's written approval of plans the median construction. Plans for public infrastructures shall be of a plan view and profile on 24 x 36 plan sheets consistent with City standards. Prior to release of the land alteration permit for Phase II for the Property, Developer shall furnish to the City Engineer and receive the City Engineer's written approval of a surety equal to 125%of the cost of said improvements. A permit fee of five percent of construction value shall be paid to City by Developer. The design engineer shall provide daily inspection, certify completion in conformance to approved plans and specifications and provide record drawings. 10. LANDSCAPE&TREE REPLACEMENT PLAN: Prior to building permit issuance,the Developer shall submit to the City Planner and receive the City Planner's written approval of an executed landscape agreement and a final landscape plan for the Property including all proposed trees shrubs, perennials, and grasses as depicted on the Exhibit B Plans. Prior to building permit issuance,Developer shall also submit to the City Planner and receive the City Planner's written approval of a security in the form of a cash escrow, or letter of credit, equal to 150%of the cost of said improvements including all proposed trees, shrubs, perennials,and grasses as depicted on the landscape and tree replacement plan on the Exhibit B Plans. The approved landscape plan shall be consistent with the quantity,type,and size of all plant materials shown on the landscape plan on the Exhibit B Plans.The approved landscape plan shall include replacement trees of a 2.5-inch diameter minimum size for a shade tree and a 6- foot minimum height for conifer trees. The approved landscape 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. Eden Bluff 4th Addition—January 22, 2019 The installation shall conform to the approved landscape plan including but not limited to the size,species and location as depicted on the Exhibit B Plans.Any changes,including but not limited to removal and relocation, to the landscape plan or landscaping installed on the Property shall be reviewed and approved by the City prior to implementing said changes. Developer shall complete implementation of the approved landscape plan as depicted on the Exhibit B Plans and in accordance with the terms and conditions of Exhibit C of this Development Agreement. 11. LANDSCAPE SCREENING:Developer agrees to install the temporary screening between Phase I and Phase II during Phase I. This temporary landscape shall be planted during the Phase I construction and relocated as required in the landscape plan during the Phase II construction.The Developer further agrees to install the approximate 15 coniferous trees that are scheduled for the south side planting as a buffer for the development during Phase I of construction. 12. 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. 13. ORIGINAL DEVELOPMENT AGREEMENT: Developer agrees to all of the terms, conditions and obligations of"Developer"under this Development Agreement pertaining to this Property.This property was subject to the Original Development Agreement that applied to this Property and to other properties. This Development Agreement shall supersede the Original Development Agreement for this Property. The Original Development Agreement shall remain in effect for the other properties. Paragraph 10. of the Original Development Agreement is hereby deleted in regards to this Property, as it references waivers that are no longer applicable to this Property. 14. OTHER AGENCY APPROVALS: The Developer shall be responsible for submitting to Eden Bluff 4th Addition—January 22, 2019 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, and Riley Purgatory Bluff Creek Watershed District. The City Planner may determine that conditions of approval required by the Lower Minnesota River 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. 15. PARK DEDICATION FEES: Developer agrees that, prior to the issuance of a building permit for the construction of the proposed building on the Property,the applicant shall pay applicable cash park fees as required at the time of building permit and in accordance with the terms and conditions of Exhibit C, attached hereto. 16. 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. 17. PUD WAIVERS GRANTED: The city hereby grants the following waiver to City Code requirements within the Office District through the Planned Unit Development District Review for the Property and incorporates said waiver as part of PUD 2-2019-OFC: 1. A waiver to allow an off-street parking lot on the property without a primary structure and allowing the parking lot to serve an adjacent lot.The Developer has provided additional screening to minimize the impact of this waiver. 18. 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. 19. 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. Eden Bluff 4th Addition—January 22, 2019 Developer shall complete implementation of the approved lighting plan prior to issuance of any occupancy permit for the Property. 20. TRAFFIC STUDY: The Developer shall submit an updated traffic study report to the City Engineer prior to the application for a building permit for the Phase II project. Traffic modifications/improvements as identified in the updated traffic study must be incorporated into the Phase II plans and constructed prior to issuance of an occupancy permit for the building. 21. TRASH ENCLOSURE: Developer agrees that all trash, trash receptacles and recycling bins shall at all times be located inside of the building enclosures depicted on the Plans. 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 with face brick to match the building, include a roof,and heavy duty steel gates that completely screen the interior of the enclosure. Developer shall complete implementation of the trash enclosure plan prior to issuance of any occupancy permit for the Property. 22. TRAVEL DEMAND MANAGEMENT PLAN: Prior to issuance of the land alteration permit for phase 1 on the Property,Developer shall submit to the Assistant City Engineer and receive the Assistant City Engineer's approval of a Travel Demand Management (TDM) Plan. The Developer shall implement the TDM Plan at the site to help reduce traffic congestion. Prior to issuance of the land alteration permit for phase 1 on the Property, Developer shall furnish to the Assistant City Engineer and receive the Assistant City Engineer's approval of a TDM performance bond, cash escrow, letter of credit with a corporation approved by the City Manager or other guarantee acceptable to the City Manager(hereinafter referred to as the"Security")equal to 100%of the cost of implementing the first two(2)years of the TDM Plan. The Developer shall initiate implementation of the TDM Plan immediately upon approval of TDM Plan. An annual status update report must be submitted within 30 days of the first year anniversary and second year anniversary of the implementation date. This report can be obtained upon request. The annual status report is the tool used by the City to determine if a Good Faith Effort was demonstrated. Upon receipt of the final annual status report, the Assistant City Engineer will review to determine if a Good Faith Effort was demonstrated. The Security will be reduced to the Developer on a "draw-down" basis, in the following manner: A. The City will consider reduction or release of the Security at the following times: - Upon completion of items associated with plan start up. Eden Bluff 4th Addition—January 22, 2019 - After 1 calendar year of TDM plan implementation and completion of the annual status update - After 2 calendar years of TDM plan implementation and completion of the annual status update. B. To request a reduction or release of the Security the Developer shall submit to the Assistant City Engineer a letter requesting a reduction and a summary of the TDM activities completed to date included in the annual status update. C. The City shall have 30 business days to review requests for reduction or release of the Security and provide indication of approval or objection to any part of the request. If the Developer fails to implement the TDM plan in accordance with its terms, the City may draw upon the Security in whole or in part to pay the cost of implementation. Eden Bluff 4th Addition—January 22, 2019 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 Ronald A. Case 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 January 2019,by Ronald A. Case and Rick Getschow, respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. Notary Public Eden Bluff 4th Addition—January 22, 2019 C. H. Robinson Worldwide, Inc. By Its STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of January, 2019, by , the , of , a , on behalf of the company. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 Eden Bluff 4th Addition—January 22, 2019 EXHIBIT A DEVELOPMENT AGREEMENT - EDEN BLUFF 4TH ADDITION Legal Description Lot 1, Block 1; Eden Bluff Highlands 4th Addition, Hennepin County, Minnesota Eden Bluff 4th Addition—January 22, 2019 EXHIBIT B DEVELOPMENT AGREEMENT - EDEN BLUFF 4TH ADDITION PLANS LIST OF MATERIALS 1. Project Narrative dated 09/26/18 by Pope Architects Inc. 2. List of Sustainability Features dated 10/30/18 by Pope Architects. Inc. 3. Existing Conditions &Removals Plan dated 06/23/17 &revised 12/18/18 by Westwood Professional Services, Inc. 4. Tree Inventory Plan dated 10/29/18 &revised 12/18/18 by Westwood Professional Services, Inc. 5. Site Plan dated 06/23/17 &revised 12/18/18 by Westwood Professional Services Inc. 6. Site Plan—Phase I dated 06/23/17 &revised 12/18/18 by Westwood Professional Services Inc. 7. Grading & Erosion Control Plan dated 06/23/17 &revised 12/18/18 by Westwood Professional Services, Inc. 8. Grading & Erosion Control Plan—Phase I dated 06/23/17 &revised 12/18/18 by Westwood Professional Services, Inc. 9. Utility Plan dated 06/23/17 &revised 12/18/18 by Westwood Professional Services, Inc. 10. Utility Plan—Phase I dated 06/23/17 &revised 12/18/18 by Westwood Professional Services, Inc. 11. Landscape Plan—Phase I dated 06/23/17 &revised 12/18/18 by Westwood Professional Services, Inc. 12. Landscape Plan—Phase II dated 06/23/17 &revised 12/18/18 by Westwood Professional Services, Inc. 13. Landscape Details dated 06/23/17 &revised 12/18/18 by Westwood Professional Services, Inc. 14. Architectural Site Plan dated 06/23/17 &revised 12/07/18 by Pope Architects 15. Site Details dated 04/02/18 by Pope Architects 16. Architectural Floor Plans & Elevations dated 06/23/17 &revised 12/18/18 by Pope Architects 17. LED Photometric Lighting Plan dated 07/26/17 &revised 01/24/18 by Onsite Lighting& Survey, LLC 18. Geotechnical Evaluation Report dated 01/08/18 by Braun Intertec 19. Stormwater Report dated 06/23/17 &revised 01/25/18 by Westwood Professional Services, Inc. 20. Stormwater Report Supplemental Information dated 11/02/18 by Westwood Professional Services, Inc. 21. Traffic Impact Study dated 06/23/17 by Spack Consulting 22. Travel Demand Management Plan dated 08/27/18 by C.H. Robinson Eden Bluff 4th Addition—January 22, 2019 EXHIBIT C DEVELOPMENT AGREEMENT - EDEN BLUFF 4TH ADDITION I. Prior to release of any building permit, Developer shall submit to the City Engineer for approval two copies of a development plan(1"=100'scale) showing existing and proposed contours,proposed streets,and lot arrangements and size,minimum floor elevations on each lot,preliminary alignment and grades for sanitary sewer,water main,and storm sewer, 100- year flood plain contours, ponding areas, tributary areas to catch basins, arrows showing direction of storm water flow on all lots,location of walks,trails,and any property deeded to the City. II. Developer shall submit detailed construction and storm sewer plans to the Watershed District for review and approval. Developer shall follow all rules and recommendations of said Watershed District. III. Developer shall pay cash park fees as to all of the Property required by City Code in effect as of the date of the issuance of each building permit for construction on the Property. IV. If Developer fails to proceed in accordance with this Agreement within twenty-four (24) months of the date hereof,Developer,for itself,its successors,and assigns,shall not oppose the City's reconsideration and rescission of any Rezoning, Site Plan review and/or Guide Plan review approved in connection with this Agreement, thus restoring the status of the Property before the Development Agreement and all approvals listed above were approved. V. Provisions of this Agreement shall be binding upon and enforceable against the Property and the Owners, their successors and assigns of the Property. VI. The Developer hereby irrevocably nominates, constitutes, and appoints and designates the City as its attorney-in-fact for the sole purpose and right to amend Exhibit A hereto to identify the legal description of the Property after platting thereof. VII. Developer represents that it has marketable fee title to the Property, except: INSERT ANY NAME/COMPANY LISTED IN ANY OWNER'S SUPPLEMENT TO THE DEVELOPER'S AGREEMENT) With respect to any interest in all portions of the Property which Developer is required, pursuant to this Agreement, to dedicate or convey to the City (the "Dedicated Property"), Developer represents and warrants as follows now and at the time of dedication or conveyance: A. That Developer has marketable fee title free and clear of all mortgages, liens, and Eden Bluff 4th Addition—January 22, 2019 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. Eden Bluff 4th Addition—January 22, 2019 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 '/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 Eden Bluff 4th Addition—January 22, 2019 the Development Agreement at the County Recorder and/or Registrar of Titles. The final plat shall not be released until proof of filing of the Development Agreement is submitted to 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, Eden Bluff 4th Addition—January 22, 2019 planning and financial, in review, investigation, administering and processing the Applications and implementation of the approvals granted by the City. Eden Bluff 4th Addition—January 22, 2019 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar January 22, 2019 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Fire Department Individual Sewage Treatment System IX.D. Regulation Requested Action Move to: Approve second reading of an ordinance repealing City Code Section 10.2 relating for individual sewage treatment systems and adopting a Resolution Authorizing execution of an Agreement transferring regulation and enforcement to Hennepin County Synopsis In City Code Section 10.02 the City regulates individual sewage treatment systems. There are approximately 120 individual sewage treatment systems remaining in the City. Hennepin County desires to take over the regulation of and enforcement for such systems. This will help provide uniform regulation of septic systems across the County. The ordinance repeals the City's regulatory system. The Resolution authorizes an Agreement with the County formally transferring the regulatory and enforcement functions to the County. The Agreement provides that the City and the County will cooperate in effecting the orderly transfer of said responsibilities and will take such further reasonable administrative steps and execute such paperwork and documents as may be necessary to allow the City to transfer and the County to carry out said responsibilities. The transfer of authority to the County will be effective April 1, 2019. Attachments Ordinance Repealing Section 10.20 Agreement with Hennepin County Resolution transferring regulation and enforcement to Hennepin County CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2019 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,AMENDING CITY CODE CHAPTER 10 BY REPEALING SECTION 10.02 RELATING TO INDIVIDUAL SEWAGE TREATEMENT SYSTEMS STANDARDS ADOPTED; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 10.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. WHEREAS, the City has entered into an Agreement with Hennepin County whereby the City abandoned jurisdiction for Sewage System Treatment Systems(STS)permitting and enforcement, and transferred such jurisdiction to Hennepin County regarding SSTS within the City of Eden Prairie. NOW THEREFORE THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. City Code Chapter 10, Sections 10.02 is hereby deleted in its entirety. Section 2. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 10.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 3. This ordinance shall be published upon passage and is effective on April 1, 2019. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 8th day of January, 2019 and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 22nd day of January, 2019. Kathleen Porta, City Clerk Ron Case, Mayor PUBLISHED in the Eden Prairie News on . AGREEMENT HENNEPIN COUNTY and CITY OF EDEN PRAIRIE THIS AGREEMENT, made by and between the COUNTY OF HENNEPIN and the CITY OF EDEN PRAIRIE,both political subdivisions of the State of Minnesota, hereinafter referred to as the "COUNTY" and the "CITY"respectively. For purposes of this Agreement, the address of the County is A2300 Government Center, Minneapolis, Minnesota 55487 and the address of the City is 8080 Mitchell Road, Eden Prairie MN, 55344. WHEREAS, the City has heretofore regulated individual sewage treatment systems ("ISTS")within its jurisdiction pursuant to its City Code, Section 10.02; and WHEREAS, the City seeks to abandon the regulation of ISTS within its jurisdiction; and WHEREAS, the City passed Ordinance No. - 2019 on January 22, 2019,in which it repealed City Code Section 10.02 and abandoned regulation and enforcement of individual sewage treatment systems within its jurisdiction; and WHEREAS, the City passed Resolution No - 2019 on January 22, 2019 by which it authorized an agreement with the County to transfer regulation and enforcement of individual sewage treatment systems within the City to the County, effective April 1, 2019. WHEREAS, the County agrees to assume the City's responsibility for regulation and enforcement of individual sewage treatment systems within the City's jurisdiction to protect the public's health and safety pursuant to authority granted to the County under Minnesota Statutes Chapter 115 and 145A, and Minnesota Rules Chapter 7080 and as amended that pertain to sewage and wastewater treatment. NOW THEREFORE, in consideration of the mutual undertakings and agreements hereinafter set forth, the County and City agree as follows: Section 1 SCOPE OF UNDERSTANDING The City abandons its responsibility for regulating and enforcing individual sewage systems pursuant to City of Eden Prairie Code, Section 10.02 and the County agrees to assume the City's responsibility for regulatory and enforcement programs covering such pursuant to Hennepin County Ordinance, Chapter 19, effective April 1, 2019 as may be amended from time-to-time by the Hennepin County Board. The City and the County will cooperate in effecting the orderly transfer of said responsibilities and will take such further reasonable administrative steps and execute such paperwork and documents as may be necessary to allow the City to transfer and the County to carry out said responsibilities. Section 2 INDEMNIFICATION 2.1 The City agrees to defend, indemnify, and hold harmless the County, its officials, officers, agents, volunteers and employees from any and all liability for claims, causes of action,judgments, damages, losses, costs or expenses, including reasonable attorney fees, resulting directly or indirectly from any act or omission of the City occurring prior to April 1, 2019 in regulating and/or enforcing its City Code, Section 10.02. The County agrees to defend, indemnify, and hold harmless the City, its officials, officers, agents, volunteers and employees from any and all liability for claims, causes of action, judgments, damages, losses, costs or expenses, including reasonable attorney fees, resulting directly or indirectly from any act or omission of the County occurring after April 1, 2019, in regulating and/or enforcing Hennepin County Ordinance Chapter. Section 3 OTHER TERMS AND CONDITIONS 3.1 The City assumes sole responsibility for any and all pending claims and litigation arising from its regulation and enforcement of individual sewage treatment systems pursuant to its City Code, Section 10.02. 3.2 The City will assume sole responsibility for any and all claims and litigation initiated after April 1, 2019 that arise from its prior regulation and enforcement of individual sewage treatment systems pursuant to its repealed City Code, Section 10.02. 3.3 The City and the County agree each will be responsible for their own acts and omissions under this Agreement and the results thereof to the extent authorized by law. The parties' respective liabilities shall be governed by the provisions of the Municipal Tort Claims Act, Minnesota Statutes Chapter 466, and other applicable law. This paragraph shall not be construed to bar legal remedies one party may have for the other party's failure to fulfill its obligation under this Agreement. Section 4 MISCELLANEOUS 4.1 The Laws of the State of Minnesota shall govern all questions and interpretations concerning the validity and construction of this Agreement and the legal relations between the herein parties and performance under it. The appropriate venue and jurisdiction for any litigation hereunder will be those courts located within the County of Hennepin, State of Minnesota. Litigation, however, in the federal courts involving the herein parties will be in the appropriate federal court within the State of Minnesota. If any provision of this Agreement is held invalid, illegal or unenforceable, the remaining provisions will not be affected. 4.2 Both the City and County, their officers, agents, owners, partners, employees, volunteers and subcontractors shall abide by the provisions of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13 (MGDPA), the Health Insurance Portability and Accountability Act and implementing regulations, if applicable, and all other applicable state and federal laws, rules, regulations and orders relating to data privacy or confidentiality, and as any of the same may be amended. If the City or County create, collect, receive, store,use, maintain or disseminate data because of regulatory functions, then each entity must comply with the requirements of the MGDPA as if it were a government entity, and may be held liable under the MGDPA for noncompliance. Both parties shall defend, indemnify and hold harmless the other party, its officials, officers, agents, employees, and volunteers from any claims resulting from the responsible party's, its officers', agents', owners', partners', employees', volunteers', assignees' or subcontractors' unlawful disclosure and/or use of such protected data, or other noncompliance with the requirements of this section. Each party agrees to promptly notify the other party if it becomes aware of any potential claims, or facts giving rise to such, under the MGDPA. The terms of this section shall survive the cancellation or termination of this Agreement. 4.3 Subject to the requirements of Minnesota Statutes Section 16C.05, Subd. 5 (as may be amended),both parties agree that the City, the County, the State Auditor, the Legislative Auditor or any of their duly authorized representatives, at any time during normal business hours, and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., which are pertinent to the accounting practices and procedures of the City or County and involve transactions relating to this Agreement. Such materials shall be maintained and such access and rights shall be in force and effect during the period of the Agreement and for six (6) years after its termination or cancellation. 4.4 The City and County each shall select the means, method, and manner of performing the services herein. Nothing is intended or should be construed in any manner as creating or establishing the relationship of co-partners between the parties hereto or as constituting the City or County as the agent, representative, or employee of the other party for any purpose or in any manner whatsoever. The City and County shall remain independent with respect to all services performed under this Agreement. Each party represents that it has or will secure at its own expense all personnel required in performing services under this Agreement. Any and all personnel of the City or County or other persons while engaged in the performance of any work or services under this Agreement shall have no contractual relationship with the other party, and shall not be considered employees of the other party. Any and all claims that may or might arise under the Minnesota Economic Security Law or the Workers' Compensation Act of the State of Minnesota on behalf of said personnel, arising out of employment or alleged employment, including, without limitation, claims of discrimination against the City or County, its officers, agents, contractors, or employees shall in no way be the responsibility of the other party. Each responsible party shall defend, indemnify, and hold harmless the other party, its officials, officers, agents, volunteers, and employees from any and all such claims. Such personnel or other persons shall neither require nor be entitled to any compensation, rights, or benefits of any kind whatsoever from the non- responsible party, including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, Workers' Compensation, Re-employment Compensation, disability, severance pay, and retirement benefits. 4.5 The matters set forth in the "Whereas" Clauses on page one of this Agreement are incorporated into and made apart hereof by this reference. THIS PORTION OF PAGE INTENTIONALLY LEFT BLANK COUNTY BOARD APPROVAL City of Eden Prairie, having signed this Agreement, and the Hennepin County Board of Commissioners having duly approved this Agreement on the day of , 2019, and pursuant to such approval, the proper County officials having signed this Agreement, the parties hereto agree to be bound by the provisions herein set forth. COUNTY OF HENNEPIN Reviewed by the County STATE OF MINNESOTA Attorney's Office By: Chair of Its County Board Date: ATTEST: Deputy/Clerk of County Board And: Assistant/Deputy/County Administrator CITY OF EDEN PRAIRIE By: Its: Mayor By: Its: City Manager City organized under: Statutory Option A Option B_X Charter CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2019- A RESOLUTION TRANSFERRING THE JURISDICTION FOR THE SUBSURFACE SEWAGE TREATMENT SYSTEM ("SSTS" ALSO CALLED INDIVIDUAL SEWAGE TREATMENT AND SEPTIC SYSTEMS) PERMITTING AND ENFORCEMENT PROGRAM IN THE CITY OF EDEN PRAIRIE TO HENNEPIN COUNTY, AND APPROVING AN AGREEMENT BEYWEEN HENNEPIN COUNTY AND THE CITY. WHEREAS,the City Council of the City is the official governing body of the City of Eden Prairie; and WHEREAS,the City of Eden Prairie has from time to time amended standards through adoption of ordinances in Chapter 10 for regulating design, installation and maintenance of SSTS to protect health, safety and general welfare of the public; and WHEREAS, on January 22, 2019 the City Council adopted Ordinance No. -2019, effective April 1, 2019, amending the Eden Prairie City Code by deleting Section 10.02 Individual Sewage Treatment Systems Standards Adopted; and WHEREAS, an agreement between Hennepin County and the City of Eden Prairie by which the City abandons its responsibility for regulating SSTS and Hennepin County agrees to assume said responsibility has been presented to the City Council. NOW, THEREFORE,BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. That the City Council has by Ordinance No. _- 2019, effective April 1, 2019, repealed Section 10.02 and abandoned jurisdiction for SSTS permitting and enforcement, and herby transfers such jurisdiction to Hennepin County regarding SSTS within the City of Eden Prairie. 2. That the City of Eden Prairie will cooperate fully in providing all necessary records and documentation to Hennepin County regarding SSTS within the City of Eden Prairie. 3. The agreement between Hennepin County and the City of Eden Prairie, which transfers the responsibility of regulating and enforcing SSTS from the City to Hennepin County is hereby approved ADOPTED by the City Council of the City of Eden Prairie this 22nd day of January, 2019. Ron Case, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar January 22, 2019 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Randy L. Slick Final Plat Report of Pioneer Trail Eden Prairie IX.E. Public Works/Engineering Addition Requested Action Move to: Adopt the resolution approving the final plat of Pioneer Trail Eden Prairie Addition. This proposal is for the plat located at 13045, 13075 and 13105 Pioneer Trail. The plat consists of 2.98 acres to be platted into one lot and right of way dedication for street purposes. The proposal is for construction of a new 18,000 square foot Abra Auto Body and Glass building. This is a replat of Lot 1, Block 2 Augusta Addition and Lot 1, Block 1 M & K Addition. Background Information This amended preliminary plat will be approved by the City Council on January 22, 2018 and supersedes Resolution No. 2018-98. Second reading of the Rezoning Ordinance and final approval will be completed on January 22, 2109. Approval of the final plat is subject to the following conditions: • Receipt of engineering fee in the amount of$596.00 • Receipt of street lighting fee in the amount of$801.90 • Prior to release of the final plat, Developer shall convey drainage and utility easements to the City of Eden Prairie in the locations depicted on the approved final plat. • Prior to release of the final plat, Developer shall provide a Cross Access Easement and Maintenance Agreement over the proposed private driveway that provides cross access to adjacent MAC property. • Prior to release of the final plat, Developer shall execute a Special Assessment Agreement for Pioneer Trail Improvements in an amount not to exceed $138,000. • Completion of vacation of underlying 5' drainage and utility easement along the east property line of Lot 1, Block 2 Augusta Addition. • Prior to release of the final plat, Developer shall submit a Sidewalk Easement over a 10' wide strip of the property directly adjacent to Pioneer Trail. • Prior to the release of the final plat, Developer shall submit a 1"=200' scale reduction of the final plat. • Satisfaction of bonding requirements for the installation of public improvements. • Developer shall submit a permit fee of five percent of the construction value of the public improvements prior to the release of the final plat. • Prior to release of final pat, Developer shall submit a disk in AutoCAD format in Hennepin County coordinates containing parcel and easement data. Attachments • Resolution • Drawing of final plat CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2019- A RESOLUTION APPROVING FINAL PLAT OF PIONEER TRAIL EDEN PRAIRIE ADDITION WHEREAS, the plat of Pioneer Trail Eden Prairie Addition has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council: A. Plat approval request for Pioneer Trail Eden Prairie Addition is approved upon compliance with the recommendation of the Final Plat Report on this plat dated January 22,2019. B. That the City Clerk is hereby directed to supply a certified copy of this resolution to the owners of the subdivision of the above named plat. C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the Eden Prairie City Council on January 22, 2019. Ronald A. Case,Mayor ATTEST: SEAL Kathleen Porta, City Clerk C e GSI tIRH 4Hltnbl iGirH 41(ftf4l 0 : N tlleel TgiR HtR KTII : r� 8 Y G 8�V\ g Z ' € I-; ° � =I� i7icmi all a i g c 0 +j2 222� i syyy; ' I ti' 6' .I11 1 w Z V /©/ u 2�a R I.���-��� 2 En _Midi f 1,vese1 I,..= - riwri Q e^ I NI dddq T {I U �� �QpyO{�YJQ ? 6 � pgli i a� O 0 8 't CJIi 61E r I \ 8 ^I !IX Rl tl h 1 ;3 • • : e Ida I zg r, ''L CG U p o il • w .J1 it t l '� l!! 4 dt I I XI Z �li, KITH 3a10I00v III.H 4KiLoyl 4.1 0 t Q 1.7 PH MIN 3.0..r p I11 p - - - - - T — ,, ;.r _ - - - Q s I I W46 Pi , \ o 1 x N 14 \ \ 1 CI Lf. e ili ip 6 0..0,OCVO, $01,CLOS gl Q to — Wits.r,�J I 71 �, 4; ,IOOLYI0191/IIM- \ I Ce 33 I 3 - e — eF c� \ e \ VA, li 1 W \ cL $el,CLos — `i ,oov,Yeia'':a- S `; aeYc I— I —} f 1 8€1 p I -CI 'a l W \ Q 1 s�\ YR 66 #p 8 l9 k �\`i � 9;l O.® c1. \ / ,\'i,�� Ia MCaoX rcurr snsr... % -L' wwI 4lirea .9 �1-. _ H,WI T - r ,- "'i]— � K,N 4.ut0'I ff'I 1 ,. /I '---� erm ��uaa\ �� i y�l c"- nnmr •C ms-s"- OOAo! M.Y4CLQ4 ___i 71 IYOY Y ioY�Hl.1m- \41utEM i 11 W I M1ua o \ t \\\ ' `\ i \ W \\, ix 1 \ \\\\ l;l\ L PS 'pt A� i \ +Y .,.\\\ \ .4 alai, -_L"_ =4\�J\1 n,3 — \ r wr W...Tem'a — -- I _ N IuOxl 178l121171 I I YV IC I h \ — _ _ _ _ CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar January 22, 2019 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development/Planning Telecommunications—T-Mobile IX.F. License Renewal for Janet Jeremiah/Project Steve Durham communication facilities at 12100 Sunnybrook Road, Fire Station#2 Requested Action Move to: • Adopt the Resolution for the 12100 Sunnybrook Road Water Tower Communication Facilities Agreement. Synopsis A renegotiated license with a continued 5% annual rent increase has been agreed upon y T- Mobile. This annual increase is consistent with the present license terms. The license is for 5- year period with a one (1) time renew for five (5) years. The total license agreement duration is for 10 years. Background The City entered into a License Agreement with T-Mobile on February 2, 1999. The term of license agreement was for 20 years. The license will expire on February 2, 2019. The City and T-Mobile have negotiated a license agreement now ready for execution. Attachments Resolution for Communication License Agreement. License Agreement CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2019- A RESOLUTION GRANTING A RENEWAL FOR A COMMUNICAITON FACILITIES LICENSE AGREEMENT AT 12100 SUNNYBROOK ROAD PROPERTY WHEREAS, T-Mobile has an existing License Agreement with the City for placement of ground based communication equipment at Fire Station#2 dated February 2, 1999; and WHEREAS, T-Mobile has requested a renewal licensee agreement to replace the expiring agreement, the new agreement to commence as of February 1, 2019; and WHEREAS, The City of Eden Prairie and T-Mobile have agreed to terms for a new Communications Facilities License Agreement at 12100 Sunnybrook Road Facility for a term of (5) years beginning on February 1, 2019, with option to extend the Agreement for one (1) additional five (5) year term; and WHEREAS, the City Council has received said request at a public meeting on January 22, 2019. NOW, THEREFORE,BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,that the new Communications Facilities License Agreement between the City of Eden Prairie and T-Mobile with a commencement date February 1, 2019 is approved and the Mayor and City Manager are authorized to execute the amendment. ADOPTED by the City Council of the City of Eden Prairie this 22nd day of January, 2019. Ronald A. Case, Mayor ATTEST: Kathleen Porta, City Clerk 7'Mcrbile Sao No.A.IPOOO8A COMMUNICATION FACILITIES LICENSE AGREEMENT 12100 Sunnybrook Road This Communication Facilities License Agreement("Agreement") is made this 22 day of January, 2019, between the City of Eden Prairie, 8080 Mitchell Road, Eden Prairie, Minnesota, 55344, a Minnesota municipal, corporation, hereinafter referred to as "Licensor," and T-Mobile Central LLC, a Delaware limited liability company, 12920 SE 3811' St., Bellevue, WA 98806, hereinafter referred to as"Licensee." Licensor and Licensee are referred to collectively herein as (the"Parties"), RECITALS: A. Licensor is the owner of certain real property located in Hennepin County, State of Minnesota, and more particularly described in Exhibit A attached hereto (the "Property") on which is situated an electric transmission tower owned by Northern States Power Company (the "Tower"). B. Licensee desires a non-exclusive license to use portions of the Property as described herein for the purpose of constructing, operating, and maintaining a communications facility (the "Facility"). C. Licensor and Licensee are parties to a License Agreement executed February 2, 1999 (the "Terminated Agreement") which expires on January 31, 2019. D. The approval of this Agreement by the Licensor's City Council or subsequent execution of this Agreement by the Licensor's Mayor and City Manager does not approve or otherwise ratify the building permit or engineering review of Exhibit B (the "Plans and Specifications"). NOW,THEREFORE, the Parties agree as follows: I. Grant of License. Licensor grants to Licensee a license for the use of the Licensed Tract and Ingress and Egress Tract described on Exhibit A for the period,uses,and consideration in accordance with all of the terms,covenants,conditions and provisions contained herein. The Licensed Tract and Ingress and Egress Tract are collectively referred to herein as the "Licensed Property". 2. Term. The term of the license granted hereby shall be for a period of five years (the "Term"), commencing on February I, 2019 (the "Commencement Date"), As of the Commencement Date, Licensor and Licensee agree that this Agreement replaces the Terminated Agreement. Licensor and Licensee acknowledge that notwithstanding the termination of the Terminated Agreement and the commencement of this Agreement, Licensee may have made and may continue to make, and the Licensor may continue to receive, license fees and other payments pursuant to the Terminated Agreement. In such event, any license fees or other payments made pursuant to the Terminated Agreement for ] T-Mobile Site No.A IFOOQRA any period after its termination shall be applied and credited against any rentals or other payments due under this Agreement. 3. Consideration. Licensee shall pay or provide to Licensor the following: (a) Annual license fees in the following amounts to be paid in equal monthly installments: Year l (2019-2020) $15,919.00 Year 2 (2020-2021) $16,714.95 Year 3 (2021-2022) S17,550.70 Year 4 (2022 -2023) $18,428.23 Year 5 (2023-2024) $19,349.64 commencing on or before the first day on which the Term commences and on or before the first day of each month thereafter during the Term and any Extended Term as provided hereafter. 4. Licensee's Use. Licensee may use the Licensed Property for the following uses, and the construction, maintenance, repair and replacement of the following (all of which are hereafter referred to and are encompassed by the term ("Facility"): (a) Approximately 266.66 square feet of the Licensed Property as described in Exhibit A attached hereto to house and contain radio equipment("Equipment Structure"). (b) Utility wires, cables, conduits and pipes underground within that part of the Licensed Property identified in Exhibit A attached hereto. (c) Licensee shall have the right to ingress and egress 24 hours each day, seven (7) days a week, on foot or motor vehicle on and over the Ingress and Egress Tract for the purpose of inspecting, maintaining and repairing the Facility , for the purpose of inspecting, maintaining and repairing its antenna facility and related equipment provided however, Licensor shall have the right to require Licensee to exercise its right of ingress and egress on and over a different part of the Property or other land as may be provided by or through Licensor. All such access shall be subject to the City's"Facility Access Procedures and Fees for Telecommunications", as may be amended from time to time by the Licensor, attached hereto in its current form as Exhibit D. Except to the extent caused by others, Licensee shall be solely responsible, and liable to Licensor, for damage to Licensor's property caused by or attributable to Licensee. Licensee shall provide the Licensor with written notice at least 5 business days prior to accessing the Licensed Property, except in the event of a service interruption of equipment failure. The notice shall be provided on a form approved by the Licensor. The information shall include but not be limited to the identity of the entity and individual accessing the Licensed Property and their contact information; the purpose for the access; the dates and hours of access; and proof of the required 2 T-Mobile Site No.AIP0008A insurance. In the event of a service interruption or equipment failure,Licensee need not provide 5 business days' notice but shall provide the Licensor with as much written notice or telephonic notice as possible based on the circumstances. Licensor's staff must accompany Licensee and/or its designee for any work in proximity to any exposed water source, as determined by Licensor. (d) A separately metered connection to the commercial electric transformer located on the Licensed Property, provided sufficient capacity above that required for Licensor's use is available now or in the future. Licensee's Facility shall be installed at Licensee's expense and shall be maintained in a reasonable condition and secured by Licensee. Licensee shall ensure that its use of the Licensed Property is consistent with all local, state and federal laws, ordinances and regulations. If there is a conflict among the regulations they shall govern with the following priority: first federal laws, then state laws, and then local laws. A more restrictive regulation is not a conflict unless preempted. 5. Applications. Licensee shall obtain the Licensor's prior written approval for all installations (including the initial installation), additions, replacements, relocations, maintenance, repairs, and any other work which requires the revision of Exhibit B (collectively"Work"). Notwithstanding the foregoing,maintenance,repairs,and like-kind replacements of equipment and modifications,any of which occur within the interior of the Equipment Structure , shall not require the prior approval of the Licensor. In order to request such approval,Licensee shall submit an application for the Work which application shall be in the form and contain the information required by the Licensor. In conjunction with any application, the Licensor may, in its sole discretion, require any or all of the following: (a) Engineering Study. The Licensor may require that Licensee obtain and pay for an engineering study from an independent licensed engineer approved by the Licensor. (b) Construction Plans. The Licensor may require that Licensee provided detailed construction plans. If Licensor determines based on the application and all other information submitted that the Work in the application will not be structurally sound the Licensor may deny the application by written notice to Licensee. 6. Approval of Applications. If Licensor approves the application, all Work shall be completed in compliance with the approved application. In addition, in conjunction with approval of any application, the Licensor may, in its sole discretion, require any or all of the following: (a) As-Builts. The Licensor may require that Licensee provided as-built drawings upon completion of any Work. 3 T-Mobile Site No.AIP0008A (b) Inspections. Licensor may require consulting engineering inspections beginning at pre-construction and continuing through installation/construction/punch-list and verification of as-builts at project completion. 7. Liens. Licensee shall take all steps necessary to prevent any mechanics' or materialmen's liens from being placed on the Licensed Property as a result of Licensee's use of the Licensed Property. 8. Labeling. Licensee shall ensure that the site identification and an emergency contact number is clearly visible and legible on the Facility. 9. Locates. Licensee shall be responsible for all utility locates relating to its Facility and shall be responsible for all costs and damages related to any failure to do so. The Licensor is not responsible to notify the Licensee of locate requests 10. User Priority. Licensee agrees that the following priorities of use, in descending order, shall apply in the event of interference or other conflict while this Agreement is in effect, and Communication Company's use shall be subordinate accordingly: i. Licensor; ii. Public safety agencies,including law enforcement,fire,and ambulance services that are not part of the Licensor; iii. Other governmental agencies where use is not related to public safety; and iv. Licensee and other government-regulated entities whose antenna offer a service to the general public for a fee in a manner similar to public utility, such as long distance and cellular telephone, not including radio or television broadcasters and pre-existing tenants. 11. Non-Exclusive License. Licensee's license to use Licensed Property is non-exclusive except as to that part of the Licensed Property occupied by the Equipment Structure. Licensor shall have the right to use its Property and to authorize others to do so as Licensor, in its sole discretion, may determine. In the event that the use of the Property by others to whom Licensor may authorize such use constitutes an unreasonable or harmful interference with Licensee's use of the Licensed Property,Licensee may give notice to Licensor of such interference. If the interference is not corrected within thirty(30) days after the giving of such notice,Licensee may terminate this agreement upon notice to Licensor. 12. Utilities and Taxes. Licensee will be responsible for installation and payment of all utilities required by its use of the Licensed Property. Licensee shall pay all special assessments, and personal property and/or real estate taxes levied by any taxing authority, against or upon the Facility or the Licensed Property as a result of the installation and use of the Facility and the use of the Licensed Property by Licensee. Licensor will provide to Licensee a copy of any notice of taxes or special assessments imposed upon the Facility or Licensed Property as a result of the Facility or use of the Licensed Property by Licensee, 4 T-Mobile Site No.AIP04QRA which Licensor may receive from any taxing authority. (Subject to any and all limitations imposed by law, Licensee may contest,at its own expense, any such taxes or assessments.) 13. Maintenance. All costs for maintenance of the Licensed Property and the sidewalk around the facility identified on Exhibit B that result from Licensee's use of the Licensed Property, shall be paid promptly to Licensor by Licensee upon Licensor's demand. 14. Ownership of Improvements. During the term of this Agreement any Extended Term, ownership of the Improvements will remain in the Licensee. Upon termination of this Agreement pursuant to this agreement,or expiration of the Term or an Extended Term,the Improvements shall become the property of Licensor, except (a) the transmitting, receiving, antennae switching equipment and cabinets commonly associated with wireless telephone service, and (b) those as to which Licensor notifies Licensee of Licensor's desires to have removed. In the event Licensor gives such notice to Licensee, Licensee shall, not less than sixty (60) days from the effective date of notice, remove those Improvements which Licensor has notified Licensee of its desire to have removed and shall restore the Land from which they have been removed to its condition at the commencement of the Term. 15. Technology. Licensee shall use the Facility exclusively to provide communications services operating on the Tower. 16. Defense and Indemnification. (a) General. Licensee shall defend,indemnify,and hold Licensor harmless against any claim of liability or loss from personal injury, property damage or liens resulting from or arising out of the use and occupancy of the Property, and the installation and/or removal of the Facility by the Licensee, its officers, employee or agents, including reasonable attorneys' fees and costs, provided such injury to persons or damage to Property are not due to the sole negligence, willful acts or omissions of Licensor, its officers, employees or agents. (b) Hazardous Materials. Without limiting the scope of Subparagraph 10 (a) above, except to the extent caused by others, Licensee will be solely responsible for and will defend, indemnify,and hold Licensor, its agents,and employees harmless from and against any and all claims, costs, and liabilities, including attorney's fees and costs,arising out of or in connection with the cleanup or restoration of the Property resulting from Licensee's use of Hazardous Materials, For purposes of this Agreement, "Hazardous Materials" shall mean: Any toxic or hazardous substances or wastes, pollutants or contaminants (including, without limitation, asbestos, urea formaldehyde,the group of organic compounds known as polychlorinated biphenyls, petroleum products including gasoline, fuel oil, crude oil and various constituents of such products, and any hazardous substance as defined in the Comprehensive Environmental Response Compensation and Liability Act of 1980,42 U.S.C. §9601- 9657,as amended). 5 T-Mobile Site No.A1P0008A (c) Licensee's Warranty. Licensee represents and warrants that its use of the Licensed Property will not generate and Licensee will not store or dispose of on the Licensed Property, nor transport to or over the Licensed Property, any Hazardous Materials. Licensor and Licensee acknowledge that Licensee shall be utilizing and maintaining on the Licensed Property sealed batteries,propane,HVAC system,and a halon/FM200 fire suppression system and that the use and maintenance of such items shall not constitute a violation or breach of the preceding sentences of this paragraph. In the event that Licensee wants to install a diesel or natural gas generator to replace the propane generator, Licensee must obtain Licensor's prior written consent. 17. Insurance. (a) General Commercial Liability. Licensee shall maintain an occurrence form commercial general liability insurance coverage. Such coverage shall include, but not be limited to,bodily injury,property damage—third party, and personal injury, for the hazards of the premises/operation, contractual, and products/completed operations. The policy shall have coverage limits of at least$5,000,000 for any one occurrence of property damage and $5,000,000 per person and per occurrence for personal injury or death. The coverage limits specified herein may be provided through any combination of primary and excess liability coverage maintained by Licensee. (b) Property. Licensee shall keep in force during the Term and any Extended Term a policy covering damages to its Facility at the Licensed Property. The amount of coverage shall be sufficient to provide for replacement of the damaged Facility, damages resulting from loss of use,and shall comply with any ordinance,statutory, or legal requirements. (c) Workers Compensation. Licensee shall maintain worker's compensation insurance required by law. (d) Additional Requirements. The insurance policies noted in this Section 17 shall be issued by a company (rated A- or better by Best Insurance Guide) licensed to do business in the State of Minnesota, and shall include the Licensor as an additional insured on the commercial general liability policy. The policies shall specify that the coverage will be the primary and noncontributory. A copy of the Licensee's insurance declaration page(s), Rider(s), or Endorsement(s), ("Proof of Insurance") as applicable, which evidences the existence of this insurance coverage including the Licensor as an additional insured must be provided to the Licensor before Licensee, or any party acting on Licensee's behalf or at Licensee's behest, enters the Licensed Property for the purpose of construction or placing any Facility or related material on the property. Any policy that is cancelled or non-renewed shall be replaced with insurance meeting the requirements set forth herein in a manner that ensures that no gap occurs in coverage. Licensee shall provide current certificates of insurance any time there is a change in coverage and such certificates shall show that no gap in coverage occurred. 6 T-Mobile Site No.AIP000SA (e) Subcontractors and Independent Contractor's. Licensee shall require all subcontractors and independent contractors to meet the insurance requirements set forth herein. All entities or persons accessing the Licensed Property or Tower shall provide to the Licensor proof of such insurance. 18. Temporary Interruptions of Service. When Licensor determines that continued operation of Licensee's Facility would cause or contribute to an immediate threat to the public health and/or safety (including maintenance and operating personnel), Licensor may, without prior notice to Licensee, cause discontinuance of operation of Licensee's Facility or may order Licensee to discontinue its operation. Discontinuance of Licensee's operation shall include but shall not be limited to, shutting down the transmission of electromagnetic waves or impulses to or from the Facility. Licensee shall immediately comply with such an order. Operations shall be discontinued only for the period that the immediate threat exists. If prior notice is not given to Licensee, Licensor shall notify Licensee as soon as possible after its action and give its reason for taking action. Licensor shall not be liable to Licensee or any other Party for any interruption in Licensee's service or interference with Licensee's operation of its Facility. If the discontinuance shall extend for a period greater than three days, either consecutively or cumulatively, Licensee shall have the right to terminate this Agreement within its sole discretion without any prior notice. Notwithstanding anything to the contrary in this Agreement, Licensor acknowledges and agrees that the FCC is the only party that has jurisdiction over the health effects and permissible exposure levels of wireless communications facilities. 19. Interference with the Property and Fire Station. Licensee shall not interfere with Licensor's use of the Property(and others to whom Licensor has granted the use of the Property) and agrees to cease all such actions which unreasonably and materially interfere with Licensor's or other's use of the Property no later than three (3)business days after receipt of written notice of the interference from Licensor. If the interference cannot be eliminated within 30 days after Licensee has received written notice, either Licensor or Licensee may at its option terminate this Agreement immediately. 20. Interference with the Property. Licensee shall not interfere with Licensor's use of the Licensed Property, or use by others to whom Licensor has granted the use of the Licensed Property, and, except for as provided in Paragraph 21 with respect to interference with communications, agrees to cease all such actions which interfere with the use thereof by Licensor or others no later than three(3)business days after receipt of written notice of the interference from Licensor. If the interference cannot be eliminated within three (3) days after Licensee has received written notice, either Licensor or Licensee may at its option terminate this Agreement immediately provided Licensee shall have such extended period as may be required beyond the three (3) days if the nature of the cure is such that it reasonably requires more than three(3) days and Licensee commences the cure within the three (3) day period and thereafter continuously and diligently pursues the cure to completion. 7 T-Mobile Site No,A1P0008A 21. Interference with Communications. Licensee's use and operation of its Facility shall not interfere with the use and operation of other communication facilities now or hereafter installed on the Tower, whether owned by Licensor or another. If Licensee's Facility causes interference, Licensee shall take all measures necessary to correct and eliminate the interference. If the interference cannot be eliminated within forty-eight (48) hours after receiving Licensor's written notice of the interference, Licensee shall immediately cease operating its Facility and shall not reactivate operation, except intermittent operation for the purpose of testing,until the interference has been eliminated. If the interference cannot be eliminated within thirty(30)days after Licensee has received Licensor's written notice, Licensor may at its option terminate this Agreement immediately without any prior notice. 22. Additional Covenants. Licensee shall: (a) use natural gas or propane (and shall not use gasoline or diesel fuel) for energy to power an engine to operate a generator to be installed on the Licensed Property, if any; (b) not use any process or method in the installation, maintenance,or removal of any Facility upon the Tower by means of welding,cutting tool, or other device which could damage the Licensed Property or Licensor's Tower, including its interior and exterior paint (if any) or any equipment attached thereto; (c) protect the Tower from damage or harm in the event of the repair or maintenance of the Tower or other facilities of Licensor; (d)not,without Licensor's consent,remove,cut,or trim any trees or other vegetation on the Licensed Property; and (e) replace significant trees (as defined in Eden Prairie City Code) lost or reasonably anticipated to be lost as a result of construction of the Facility upon the Licensed Property in accordance with the provisions of Eden Prairie City Code Section 11.55. 23. Default. The following shall constitute an event of default by Licensee ("Licensee's Default"): (a) Licensee's failure to make prompt payment of fees and other amounts due within fifteen(15) days after they become due. (b) Licensee's failure to comply with Licensee's obligations contained in Section 5, 11, 18, 19, and 20 of this Agreement. (c) Licensee's failure to observe or perform any other covenant or condition contained in this Agreement within thirty(30)days after written notice to Licensee specifying such failure and requiring Licensee to remedy the same. (d) The adjudication of Licensee as bankrupt by a court of competent jurisdiction, or the entry by such a court of an order approving a petition seeking reorganization of Licensee under the federal bankruptcy laws or any other applicable law or statute of the United States of America or any State thereof,or the appointment by such a court of a trustee or receiver or receivers of Licensee or of all or any substantial part of its property upon the application of any creditor in any insolvency or bankruptcy proceeding or other creditor's suit in each case, the order or decree remains unstayed and in effect for ninety(90)days. 8 T-Mobile Site No.AIPOONNA (e) The filing by Licensee of a petition in voluntary bankruptcy or the making by it of a general assignment for the benefit of creditors or the consenting by it to the appointment of a receiver or receivers of all or any substantial part of the property of Licensee;or the filing by Licensee of a petition or answer seeking reorganization under the federal bankruptcy laws or any other applicable law or statute of the United States of America or any State thereof;or the filing by Licensee of a petition to take advantage of any debtor's act. (f) Licensee's default under any other agreement with the Licensor•. 24. Remedies. Upon Licensee's Default,Licensor shall be entitled to terminate this Agreement as provided herein, obtain an order for specific performance, recover damages, and/or obtain any other remedy available at law or in equity. The exercise of one or more of such remedies by Licensor shall not be deemed an election or waiver of the right to exercise any other remedy. 25. No Duty to Repair - Termination. Licensor shall have no duty or obligation to maintain, repair, restore, replace or modify the Tower, the Property , the Licensed Property, the Ingress and Egress Tract, the Facility or any of Licensor's, fixtures, personal property or improvements located thereon or therein. In addition to Licensor's right to terminate this Agreement pursuant to Section 24 hereof, Licensor shall have, and reserves,the right in its sole discretion to terminate this Agreement upon at least ninety (90) days written notice, if, in Licensor's sole judgment, Licensor shall convey or transfer to another the Property. Upon termination of this Agreement pursuant to Licensor's or Licensee's right to terminate this Agreement as provided herein or upon expiration of the Term or any Extended Term, the Parties' obligations under this Agreement shall cease, except Licensee's obligations with respect to Sections 12, 13, 14, 16,and 17 of this Agreement and to make payment of any amounts to which Licensor is entitled at such time. Termination shall not relieve Licensee of any liability by way of damages to which Licensor may be entitled upon Licensee's Default hereunder. 26. Licensee — Termination. Licensee shall have the right to terminate this Agreement upon at least one hundred eighty (180) days written notice if Licensee determines that the Licensed Property or Facility are unnecessary or inappropriate for Licensee's operations for economic or technological reasons. 27. Extended Term. This Agreement and any license granted hereby shall automatically renew for one (1) additional five(5)year term ("Extended Term")upon the terms and conditions herein unless the Licensee notifies the Licensor in writing of its intention not to renew this Agreement at least six(6) months prior to the expiration of the existing Term. The annual license fees for the Extended Term to be paid in equal monthly installments are as follows: Year 6 (2024-2025) $20,317.13 Year 7 (2025 - 2026) $21,332.98 9 T-Mobile Site No.A1P0008A Year 8 (2026 -2027) $22,399.63 Year 9 (2027-2028) $23,519.61 Year 10 (2028 -2029) $24,695.59 28. No Representation or Warranty—Conditional Grant. Licensor makes no representation or warranty regarding the condition of its title to the Property or its right to grant to Licensee use or occupation thereof under this Agreement. The license granted herein is "as is." Licensee is entering into this Agreement and Licensee's use of the Licensed Property is subject to Licensee's own investigation and acceptance. Licensee's rights granted pursuant to this Agreement are subject and subordinate to all limitations, restrictions, and encumbrances relating to Licensor's interest in the Property that may affect or limit Licensor's right to grant those rights to Licensee. The Property or part thereof is subject to an easement from Hilda M. Raquet to Northern States Power Company ("NSP"), dated September 21, 1968 filed in the office of the Registrar of Titles, Hennepin County, Minnesota, Document Number 924928 (the "Easement"). The grant of this license is subject and subordinate to the rights and interests of NSP, its successors and assigns granted by the easement. 29. Entire Agreement. This Agreement contains all agreements,promises and understandings between Licensor and Licensee and no verbal or oral agreements, promises, or understandings shall or will be binding upon either Licensor or Licensee in any dispute, controversy, or proceeding at law, and any addition, variation, or modification to this Agreement shall be void and ineffective unless it is in writing and signed by the parties hereto. 30. Choice of Law. This Agreement and the performance thereof shall be governed, interpreted,construed, and regulated by the laws of the State of Minnesota. 31. Assignment. This Agreement may not be sold, assigned, or transferred at any time by Licensee without the prior written consent of Licensor. 32. Notices. Any notice required or permitted to be given by any Party upon the other is given in accordance with this Agreement if it is directed to Licensor by delivering it personally to the Manager of Licensor;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 as follows: If to Licensor: City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 Attn: City Manager With a copy to: Richard F. Rosow Eden Prairie City Attorney 100 Washington Avenue South, Suite 1550 10 T-Mobile Site No.A1P0008A Minneapolis,MN 55401 If to Licensee: T-Mobile Central LLC 12920 SE 38th St. Bellevue,WA 98006 Attn: Lease Compliance/Site#A1P0008A Notices shall be deemed effective on the earlier of the date of receipt or the date of deposit as aforesaid;provided,however,that if notice is given by deposit,that the time for response to any notice by the other Party shall commence to run one business day after such deposit. Any 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. 33. Limitation of Liability. Notwithstanding anything to the contrary in this Agreement,in no event will either party be liable to the other party for,or indemnify the other party against, punitive damages. 34. Condemnation. If the whole Property shall be taken by any public authority under the power of eminent domain, or is sold to any entity having the power of eminent domain under threat of condemnation,then Licensee may terminate the term of this Agreement as of the date of the granting of the position or the date of the closing and the license fees shall be paid up to that day. If a portion of the Licensed Property is taken by eminent domain, Licensee shall have the right to terminate this Agreement by giving written notice thereof to Licensor within ninety (90) days after the date of taking. If a portion of the Licensed Property is taken by eminent domain, and this Agreement is not thereafter terminated, Licensee shall continue in the possession of the remainder of the Licensed Property under the terms herein provided, and the annual license fees shall remain fully due and payable as set forth herein. Any award, compensation, or damages shall be paid to and be the sole property of the Licensor,but nothing herein shall preclude Licensee from claiming against the condemning authority with respect to moving expenses and loss of personal property and any other recoverable damages (but not for the loss of the leasehold/license interest) and receiving an award therefor. 35. Successors and Assigns. All of the terms, covenants, obligations and conditions herein shall be binding upon and inure to the benefit of the successors in interest,heirs,and assigns of the Parties hereto. 36. Recording of Memorandum. The parties shall execute and either shall be permitted to record at any time the Memorandum of Agreement attached hereto as Exhibit C. If this Agreement is terminated prior to expiration of its Term, or an Extended Term, Licensee shall record and appropriate instrument to clear the memorandum from the title to the Land. 37. Waiver. No provision of this Agreement will be deemed waived by either Party unless expressly waived in writing by the waiving Party. No waiver shall be implied by delay or 11 T-Mobile Site No.A1P0008A any other act or omission of either party. No waiver by either Party of any provisions of this Agreement shall be deemed a waiver of such provision with respect to any subsequent matter relating to such provision. 38. Counterparts. This Agreement may be signed in counterparts by the Parties hereto. 39. Severability. In any term of the Agreement is found to be void or invalid, such finding shall not affect the remaining terms of this Agreement, which shall continue in full force and effect. IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their respective seals the day and year written below. LICENSOR CITY OF EDEN PRAIRIE Date: ,2019 By: Ron Case Its: Mayor By: Rick Getschow Its: City Manager Taxpayer I.D. #41-0855460 LICENSOR ACKNOWLEDGEMENT STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2019, by Ron Case 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 12 T-Mobile Site No.AIP0008A LICENSEE T-MOBILE CENTRAL LLC Date: 3n,L,ri cc" ,2019 By: dm Its: , \-\ND, (.- ,.0y KW't T•Mobne Legal p9iaval Lca Otxarl LICENSEE ACKNOWLEDGEMENT STATE OF /14/Y ) • ) ss. COUNTY OF ill ) The foregoing instrument was acknowle�d ed before me this if day of irx , 2019,by QSSeih Ei , the , rJ*ir:E 7"-C g f T-Mobikr Central iLC, on behalf of said limited liability company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. L Print or Type Name: C(, i?fr . freer Notary Public in and for the State of 044.71/ My appointment expires: / --. /v 4'I 0 ,,fg. ''' ', SUSAN MAE STREETS '':1. 'a NOTARY PUBLIC•MINNESOTA „` MY COMMISSION EXPIRES 01/31/20 13 T•Mobile Site No.A1P000$A LIST OF EXHIBITS Exhibit A LEGAL DESCRIPTIONS Exhibit B PLANS AND SPECIFICATIONS Exhibit C MEMORANDUM OF AGREEMENT Exhibit D FACILITY ACCESS PROCEDURES AND FEES FOR TELECOMMUNICATION 14 T.Mobile Site No,AlPUOORA EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY LICENSE TRACT That part of Lot 4. Block 3. MEADOW PARK 2ND ADDITION. according to the recorded plat thereof described as follows: Commencing at the southeast corner of said Lot 4, thence on an assumed bearing of North 00 degrees 43 minutes 02 seconds East. along the east line of said Lot 4. a distance of 145.89 feet: thence South 82 degrees 56 minutes 27 seconds West a distance of 158.95 feet to the point of beginning of the tract to be described: thence continuing South 82 degrees 56 minutes 27 seconds West along the last described line, a distance of 16.67 feet; thence North 07 degrees 03 minutes 33 seconds West a distance of 16.00 feet: thence North 82 degrees 56 minutes 27 seconds East a distance of 15.67 feet: thence South 07 degrees 03 minutes 33 seconds East a distance of 16.00 feet to the point of beginning. The area of said licensed tract is 266.66 square feet. INGRESS AND EGRESS TRACT A 10.00 foot strip of land for ingress and egress purposes over and across the following described property: Lot 4, Block 3, MEADOW PARK 2ND ADDITION, according to the recorded plot thereof. The centerline of said strip of land is described as follows: Commencing at the southeast corner of sold Lot thence on an assumed bearing of North 00 degrees. 43 minutes 02 seconds East. along the east line of said Lot 4, a distance of 145.89 feet: thence South 82 degrees 55 minutes 27 seconds West a distance of 185.52 feet: thence North 07 degrees 03 minutes 33 seconds west a distance of 5.00 to the point of beginning of the centerline to be described: thence South 82 degrees 56 minutes 27 seconds West a distance of 19.07 feet: thence North 07 degrees 01 minutes 23 seconds west a distance of 54.87 feet: thence North 45 degrees 4.0 minutes 05 seconds West a distance of 33.32 feet to the southeasterly right-of-way line of Homeward Hills Road and said centerline there terminating. The sidelines of said strip of land shall be prolonged or shortened to terminate at said southeasterly right-of-way line. The area of said ingress and egress strip of land is 1074 square feet. It is agreed by Licensor and Licensee that the precise legal description for the Licensor's Property will be corrected if necessary, and that the correct legal description may be placed on this Exhibit"A" by Licensor. 15 T-Mobile Site No.AIP0008A EXHIBIT B(Page 1 of 2) SITE PLAN Site plan stamp dated 10-05-18 16 T-Mobile Site No.A1P0008A EXHIBIT B (Page 2 of 2) 17 i i rQyyp I filk WZ w a 1,,,,,, ,,,,,,P ,,ale1991N4 myna,. Efi ,I--ly 7Ck 6 g , vbe Lp e��Y AU BNp9N3tl IV37 3�1V 'K C�jg 5141110 Liz W ��++d�7 l (1)n4 I rt 1 .DI i 2 u7 Ili iB •YA7tl1A9.01•9Ml]VI • i4RlRcr, d "� 1--1 E2 y a r p g oli a119lJ 0 ! :1, 1 !I ff It). ,,, 0 / 0 Tr _ ! _ _ - - U7 a.. b y p i il 7 z IF R 1 1 !-__J- -7_-7 ILi, r —I ij j 1:° US 0 Y . V i ° liri VOLL2.510 ° --.._.... 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Such an Agreement provides, in part, that Licensor, for valuable consideration, will License to Licensee a part of that certain property owned by Licensor and described in Exhibit A attached hereto and incorporated herein for a term of five(5)years commencing on the 1st day of February 2019,which term is subject to one additional five(5)year option term. 1N WITNESS WHEREFOR, the parties have executed this Memorandum of Agreement this 15th day of April 2019, LICENSOR: LICENSEE: City of Eden Prairie T-Mobile Central LLC • /4-4-, Its: Mayor—Ron Case Its: Se , ,.qt.. t=ill .1 2/ DATE: I/10 1 4 SUSAN MAE STREETS By: [ NOTARY PUBLIC-MINNESOTA Its: City Manager—Rick Getschow •6�.0 MY COMMISSION EXPIRES 01131120 DATE: Subscribed and sworn to before me Subscrib d and sworn to before me this_ day of ,2019. this /0 71day of Mt/0ry2019. f i Signature of Notary Signature of'Not y Notary Public of Hennepin County Notary Public of the State of Minnesota My Commission expires My Commission expires_-j; / --G26)67 18 T-Mobile Site No.A1P0008A EXHIBIT A TO THE MEMORANDUM OF AGREEMENT LICENSE TRACT DESCRIPTION That part of Lot 4. Block 3. MEADOW PARK 2ND ADDITION. according to the recorded plat thereof described as follows: Commencing at the southeast corner of said Lot 4, thence on an assumed bearing of North 00 degrees 43 minutes 02 seconds East. along the east line of said Lot 4. a distance of 145.89 feet: thence South 82 degrees 56 minutes 27 seconds West a distance of 158.95 feet to the point of beginning of the tract to be described:thence continuing South 82 degrees 56 minutes 27 seconds West along the last described line, a distance of 16.67 feet; thence North 07 degrees 03 minutes 33 seconds West a distance of 16.00 feet: thence North 82 degrees 56 minutes 27 seconds East a distance of 15.67 feet: thence South 07 degrees 03 minutes 33 seconds East a distance of 16.00 feet to the point of beginning. The area of said licensed tract is 266.66 square feet. ACCESS DESCRIPTION A 10.00 foot wide strip of land for ingress and egress purposes over and across the following described property: Lot 4. Block 3, MEADOW PARK 2ND ADDITION, according to the recorded plot thereof. The centerline of said 10 foot wide strip of land is described as follows: Commencing at the southeast corner of sold Lot thence on an assumed bearing of North 00 degrees. 43 minutes 02 seconds East. along the east line of said Lot 4, a distance of 145.89 feet: thence South 82 degrees 55 minutes 27 seconds West a distance of 185.52 feet:thence North 07 degrees 03 minutes 33 seconds west a distance of 5.00 to the point of beginning of the centerline to be described: thence South 82 degrees 56 minutes 27 seconds West a distance of 19.07 feet: thence North 07 degrees 01 minutes 23 seconds west a distance of 54.87 feet: thence North 45 degrees 4.0 minutes 05 seconds West a distance of 33.32 feet to the southeasterly right-of-way line of Homeward Hills Road and said centerline there terminating. The sidelines of said strip of land shall be prolonged or shortened to terminate at said southeasterly right-of-way line. The area of Said ingress and egress strip of land is 1074 square feet. It is agreed by Licensor and Licensee that the precise legal description for the Licensor's Property will be corrected if necessary,and that the correct legal description may be placed on this Exhibit"A" by Licensor. 19 I-Mobile Site No.AIPOO SA EXHIBIT D FACILITY ACCESS PROCEDURES AND FEES FOR TELECOMMUNICATION . General. Security of city-owned facilities, including Public Water and Wastewater facilities, is considered critical in the Department of Homeland Security's National Response Framework, and as such, require enhanced emphasis for physical security protective measures. Similarly, Minnesota Department of Health requires locked and controlled access to remote water storage facilities to minimize intrusion by unauthorized personnel. 2. Notice. The patent telecommunications company shall provide the City with notice at least 48 hours prior to accessing any city-owned facility, except in the event of a service interruption or equipment failure. The notice shall be provided on a form approved by the City. The information shall include but not be limited to the identity of the entity and individual accessing the property and their contact information;the purpose for the access; the dates and hours of access;and proof of the required insurance. In the event of a service interruption or equipment failure, the parent telecommunications company need not provide 48 hours' notice but shall provide the City with as much written or telephonic notice as possible based on the circumstances. 3. Identification. All persons desiring to access a city-owned facility for the purposes of conducting work related to the telecommunications equipment shall carry on their person photo identification naming them as an agent of the parent telecommunications company. The identification must match the information provided by the parent telecommunications company in the notice required above. In addition,all persons seeking access must possess an official government-issued identification card,which will be documented upon entering the facility. Persons lacking either form of identification shall be denied access. 4. Access Fees. Except as specifically agreed to in the Communication Facilities License Agreement,the following Access Fees shall be imposed: an annual access fee of$1000.00 for the first year with a 5%annual increase, for the term of the license agreement shall be charged for up to ten (10) visits per calendar year. Each additional access fee beyond ten (10)visits per calendar year will be charged $100.00 per access. The City of Eden Prairie will document each access request and submit an invoice to the parent telecommunications company for payment for access in excess of ten (10)visits. Invoices may be consolidated if multiple access requests are made within a span of 30 days. The parent telecommunications company must provide an administrative mailing address to process these invoices as well as an office telephone number and email address. Access fees will be charged for each appointment regardless of whether anyone arrives or is granted access. 20 T-Mobile Site No.AIP0008A The parent telecommunications company shall pay all invoices to the City of Eden Prairie within 60 days of receipt regardless of who performs the work. 21 CITY COUNCIL AGENDA DATE SECTION: Consent Calendar January 22, 2019 DEPARTMENT/DIVISION ITEM DESCRIPTION ITEM NO. Administration— Sue Kotchevar Approve Agreement with PFM Asset IX.G. Management LLC Requested Action Move to: Approve Agreement with PFM Asset Management LLC Synopsis The City conducted a Request for Proposal (RFP) process for Investment Management Services and six vendors' submitted proposals. Staff interviewed four companies and chose PFM Asset Management LLC based on the following: • Experience managing funds for public entities o 89% of assets under management are government entities, $89.4 billion total and $4.6 billion in Minnesota. They have been in business for 38 years. Minnesota clients include St. Louis Park, Minneapolis, Dakota County, and Wayzata Public Schools • Local office with offices in Minneapolis, Pennsylvania, and Illinois • Process to implement an investment strategy o Understanding City's goals on investment income and total return o Providing cashflow modeling to maximize funds invested while meeting cash flow needs • Transparency with their competitive bidding process • Client education • Competitive pricing Background Since 2003, Securian Asset Management has provided Investment Advisory Services for the City. It is a best practice to periodically conduct an RFP process for these services. Attachments Investment Advisory Agreement INVESTMENT ADVISORY AGREEMENT THIS AGREEMENT, entered into as of the day of January, 2019, by and between the CITY OF EDEN PRAIRIE,a Minnesota public agency(hereinafter the"Client" or the"City"),and PFM ASSET MANAGEMENT LLC, a Delaware limited liability company with an office in Minneapolis,Minnesota(hereinafter the "Advisor" or the"Contractor"). WITNESSETH WHEREAS, the Client has funds available for investment purposes (the "Initial Funds") for which it intends to conduct an investment program; and WHEREAS, the Client desires to avail itself of the experience, sources of information, advice, assistance and facilities available to the Advisor; to have the Advisor undertake certain duties and responsibilities; and to perform certain services as investment advisor on behalf of the Client, as provided herein; and WHEREAS, the Advisor is willing to provide such services on the terms and conditions hereinafter set forth; NOW, THEREFORE, in consideration of the premises and mutual covenants herein contained,the parties hereto, intending to be legally bound, agreed as follows: 1. SERVICES OF ADVISOR. The Client hereby engages the Advisor to serve as investment advisor under the terms of this Agreement with respect to the Initial Funds and such other funds as the Client may from time to time assign by written notice to the Advisor(collectively the "Managed Funds"), and the Advisor accepts such engagement. In connection therewith, the Advisor will provide investment research and supervision of the Managed Funds investments and conduct a continuous program of investment, evaluation and,when appropriate, sale and reinvestment of the Managed Funds assets. The Advisor shall continuously monitor investment opportunities and evaluate investments of the Managed Funds. The Advisor shall furnish the Client with statistical information and reports with respect to investments of the Managed Funds. The Advisor shall place all orders for the purchase, sale, loan or exchange of portfolio securities for the Client's account with brokers or dealers recommended by the Advisor, and to that end the Advisor is authorized as agent of the Client to 1 give instructions to the custodian designated by the Client (the "Custodian") as to deliveries of securities and payments of cash for the account of the Client. In connection with the selection of such brokers and dealers and the placing of such orders, the Advisor is directed to seek for the Client the most favorable execution and price, the determination of which may take into account, subject to any applicable laws, rules and regulations, whether statistical, research and other information or services have been or will be furnished to the Advisor by such brokers and dealers. The Custodian shall have custody of cash, securities and other assets of the Client. The Advisor shall not take possession of or act as custodian for the cash, securities or other assets of the Client and shall have no responsibility in connection therewith. Authorized investments shall include only those investments which are currently authorized by the state investment statutes and applicable covenants and as supplemented by such other written instructions as may from time to time be provided by the Client to the Advisor. The Advisor shall be entitled to rely upon the Client's written advice with respect to anticipated drawdowns of Managed Funds. The Advisor will engage broker/dealers which the Advisor reasonably believes to be reputable, qualified and financially sound. 2. COMPENSATION. (a) For services provided by the Advisor pursuant to this Agreement,the Client shall pay the Advisor an annual fee, in monthly installments, based on the daily net assets under management according to the schedule below: Average Assets Under Management Fees First$50 million 10 basis points(0.10%) Next$50 million 7 basis points(0.07%) Above $100 million 6 basis points(0.06%) "Daily net assets"is defined to include the amortized value of securities, accrued interest and cash or any money market fund balance. The minimum annual fee is$25,000,to be applied in equal monthly installments. (b) The Advisor will bill the Client monthly for service performed under this Agreement, said bill to include a statement indicating the basis upon which the fee was calculated. The Client 2 shall pay to the Advisor the amount payable pursuant to this Agreement not later than on the 15th day of the month following the month during which the Advisor's statement was rendered. (c) Assets invested by the Advisor under the terms of this Agreement may from time to time be invested in(i) a money market mutual fund managed by the Advisor or(ii) a local government investment pool managed by the Advisor (either, a "Pool"), or in individual securities. Average daily net assets subject to the fees described in this section shall not take into account any funds invested in the Pool. Expenses of the Pool, including compensation for the Advisor and the Pool custodian, are described in the relevant prospectus or information statement and are paid from the Pool. (d) If and to the extent that the Client shall request the Advisor to render services other than those to be rendered by the Advisor hereunder, such additional services shall be compensated separately on terms to be agreed upon between the Advisor and the Client. 3. EXPENSES. (a) The Advisor shall furnish at its own expense all necessary administrative services,office space, equipment, clerical personnel, telephone and other communication facilities, investment advisory facilities, and executive and supervisory personnel for managing the Managed Funds. (b) Except as expressly provided otherwise herein, the Client shall pay all of its own expenses including, without limitation, taxes, commissions, fees and expenses of the Client's independent auditors and legal counsel, if any, brokerage and other expenses connected with the execution of portfolio security transactions, insurance premiums, and fees and expenses of the Custodian. 4. REGISTERED ADVISOR; DUTY OF CARE. The Advisor hereby represents it is a registered investment advisor under the Investment Advisers Act of 1940, as amended. The Advisor shall immediately notify the Client if at any time during the term of this Agreement it is not so registered or if its registration is suspended. The Advisor agrees to perform its duties and responsibilities under this Agreement with reasonable care. The federal securities laws impose liabilities under certain circumstances on persons who act in good faith. Nothing herein shall in any way constitute a waiver or limitation of any rights which the Client may have under any federal securities laws. The Client hereby authorizes the Advisor to sign I.R.S.Form W-9 on behalf of the Client and to deliver such form to broker-dealers or others from time to time as required in connection with securities transactions pursuant to this Agreement. 3 5. ADVISOR'S OTHER CLIENTS. The Client understands that the Advisor performs investment advisory services for various other clients which may include investment companies, commingled trust funds and/or individual portfolios. The Client agrees that the Advisor, in the exercise of its professional judgment, may give advice or take action with respect to any of its other clients which may differ from advice given or the timing or nature of action taken with respect to the Managed Funds. The Advisor shall not have any obligation to purchase, sell or exchange any security for the Managed Funds solely by reason of the fact that the Advisor, its principals, affiliates, or employees may purchase, sell or exchange such security for the account of any other client or for itself or its own accounts. 6. TERM. This Agreement may be terminated by the Client in the event of any material breach of its terms immediately upon notice to the Advisor by certified mail, return receipt requested. This Agreement may be terminated by the Client at any time, on not less than thirty(30) days' written notice to the Advisor. The Advisor may terminate this Agreement immediately upon any material breach of its terms by the Client,or at any time after one year upon thirty(30)days' written notice to the Client. 7. FORCE MAJEURE. The Advisor shall have no liability for any losses arising out of the delays in performing or inability to perform the services which it renders under this Agreement which result from events beyond its control,including interruption of the business activities of the Advisor or other financial institutions due to acts of God, acts of governmental authority, acts of war, terrorism, civil insurrection,riots,labor difficulties,or any action or inaction of any carrier or utility,or mechanical or other malfunction. 8. DISCIPLINARY ACTIONS. The Advisor shall promptly give notice to the Client if the Advisor shall have been found to have violated any state or federal securities law or regulation in any final and unappealable judgment in any criminal action or civil suit in any state or federal court or in any disciplinary proceeding before the Securities and Exchange Commission ("SEC") or any other agency or department of the United States, any registered securities exchange, the Financial Industry Regulatory Authority, or any regulatory authority of any State based upon the performance of services as an investment advisor. 4 9. INDEPENDENT CONTRACTOR. The Advisor,its employees,officers and representatives shall not be deemed to be employees, agents (except as to the purchase or sale of securities described in Section 1), partners, servants, and/or joint ventures of the Client by virtue of this Agreement or any actions or services rendered under this Agreement. 10. BOOKS. The Advisor shall maintain records of all transactions in the Managed Funds. The Advisor shall provide the Client with a monthly statement showing deposits, withdrawals, purchases and sales (or maturities) of investments, earnings received, and the value of assets held on the last business day of the month. The statement shall be in the format and manner that is mutually agreed upon by the Advisor and the Client. 11. THE ADVISOR'S BROCHURE AND BROCHURE SUPPLEMENT. The Advisor warrants that it has delivered to the Client prior to the execution of this Agreement the Advisor's current SEC Form ADV, Part 2A (brochure) and Part 2B (brochure supplement). The Client acknowledges receipt of such brochure and brochure supplement prior to the execution of this Agreement. 12. MODIFICATION. This Agreement shall not be changed,modified,terminated or discharged in whole or in part, except by an instrument in writing signed by both parties hereto, or their respective successors or assigns. 13. SUCCESSORS AND ASSIGNS. The provisions of this Agreement shall be binding on the Advisor and its successors and assigns, provided, however, that the rights and obligations of the Advisor may not be assigned without the consent of the Client. 14. NOTICE. Written notices required under this Agreement shall be sent by regular mail, certified mail, overnight delivery or courier, and shall be deemed given when received at the parties' respective addresses shown below. Either party must notify the other party in writing of a change in address. 5 Client's Address City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 Attn: Sue Kotchevar Advisor's Address With copy to: PFM Asset Management LLC PFM Asset Management LLC 50 South 6th Street 1735 Market Street Suite 2250 43rd Floor Minneapolis,MN 55402 Philadelphia,PA 19103 Attn: Brian Johnson Attn: Controller 15. APPLICABLE LAW. This Agreement shall be construed, enforced, and administered according to the laws of the State of Minnesota. The Advisor and the Client agree that, should a disagreement arise as to the terms or enforcement of any provision of this Agreement, each party will in good faith attempt to resolve said disagreement prior to filing a lawsuit. 16. EXECUTION AND SEVERABILITY. Each party to this Agreement represents and warrants that the person or persons signing this Agreement on behalf of such party is authorized and empowered to sign and deliver this Agreement for such party. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision. 17. COMPLIANCE WITH LAWS AND REGULATIONS. In providing services hereunder,the Consultant shall abide by statutes,ordinances,rules,and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances,rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 6 18. 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. 19. COUNTERPARTS. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. 20. 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. 21. EMPLOYEES. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to termination of this Agreement and for one(1)year thereafter,without prior written consent of the former employer in each case. 22. ENFORCEMENT. In the event that any suit or action is instituted under or in relation to this Agreement,including without limitation to enforce any provision in this Agreement,the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement,including without limitation,such reasonable fees and expenses of attorneys and accountants,which shall include,without limitation, all fees, costs and expenses of appeals. 23. ENTIRE AGREEMENT, CONSTRUCTION, APPLICATION AND INTERPRETATION. This Agreement is in furtherance of the City's public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations,amendments,deletions,or waivers of the provisions of this Contract shall be valid only when expressed in writing and duly signed by the parties,unless otherwise provided herein. 7 24. NON-DISCRIMINATION. During the performance of this Agreement,the Consultant shall not discriminate against any employee or applicants for employment because of race,color,creed,religion,national origin,sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Consultant shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Consultant shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Consultant further agrees to comply with all aspects of the Minnesota Human Rights Act,Minnesota Statutes 363.01,et seq.,Title VI of the Civil Rights Act of 1964,and the Americans with Disabilities Act of 1990. 25. 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. 26. SERVICES NOT PROVIDED FOR. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City. 27. 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. 28. STATUTORY PROVISIONS. a. Audit Disclosure.Upon reasonable advance notice,the books,records,documents and accounting procedures and practices of the Consultant or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six(6)years after the effective date of this Agreement. b. Data Practices. Any reports,information,or data in any form given to,or prepared or assembled by the Consultant under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval,unless such disclosure is required by law 8 or by regulatory or judicial process. This Agreement is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Consultant in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the Data Practice Act and Consultant shall comply with those requirements as if it were a government entity. All subcontracts entered into by Consultant in relation to this Agreement shall contain similar Data Practices Act compliance language. 29. 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. IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed by their authorized representatives as of the date set forth in the first paragraph of this Agreement. PFM ASSET MANAGEMENT LLC By: Name: Donn Hanson Title: Managing Director CITY OF EDEN PRAIRIE Mayor,Ronald A. Case City Manager,Rick Getschow 9 CITY COUNCIL AGENDA DATE SECTION: Consent Calendar January 22, 2019 DEPARTMENT/DIVISION ITEM DESCRIPTION ITEM NO. Administration— Sue Kotchevar Approve Update to Investment Policy IX.H. Requested Action Move to: Approve update to Investment Policy Synopsis The policy was updated to provide additional investing flexibility for the City and the City's investment advisor. The following was updated: • Adding Federal Agency Mortgage-backed Securities as an investment option • Adding additional investment authority for index mutual funds • Changing maximum maturity from 5 to 7 years • Changing the percentage allowed in various categories including: o Bankers Acceptance from 10%to 20% o Federal Agency Mortgage-backed Securities to 40% o Commercial Paper from 20%to 40% The City's new investment advisor recommended these changes which will give us more flexibility and opportunity to earn higher yields. Attachment Investment Policy City of Eden Prairie Investment Policy -Adopted January 22, 2019 Statement of Purpose This policy has been developed to serve as a guide for the management of City investments. It is the policy of the City to invest public funds in a manner which provides for the following in order of importance: Safety; Liquidity; and Yield (return on investment) that conforms to all federal, state, and local regulations governing the investment of public funds. The City will invest in securities that match the City's operational, short-term and longer term needs. Except for cash in certain restricted and special funds, all cash and investments are pooled together to achieve economies of scale. Investment income will be allocated to the various funds based on their respective participation and according to generally accepted accounting principles. Objectives The primary objectives,in order of priority,of investment activities are safety, liquidity,and yield: • Safety - Safety of principal is of critical importance to the investment program. Investments will be undertaken in a way that seeks to ensure the preservation of principal in the overall portfolio. The objective will be to mitigate credit risk and interest rate risk. • Credit Risk—the risk of loss due to failure by the security backer will be minimized by: • Limiting investments to the types of securities listed in the Diversity Section of this policy. • Pre-qualifying the financial institutions,broker/dealers, intermediaries, and advisors with which the City will do business in accordance with the Financial Service Providers section of this policy. • Diversifying the portfolio so that the impact of potential losses from any one type of security or from any one individual issuer will be minimized. Insurance or collateral may be required to ensure return of principal. • Interest Rate Risk—the risk that the market value of securities in the portfolio will fall due to changes in market interest rates will be minimized to: • Provide for liquidity by reviewing cash flow requirements and make investments to meet the shorter cash flow needs, thereby avoiding the need to sell securities in the open market prior to maturity. • Manage the duration of the portfolio to be consistent with the risk profile of the City of not to exceed 3.5 years. 1 • Liquidity—The investment portfolio will be managed to remain sufficiently liquid to meet all operating requirements that may be reasonably anticipated. The portfolio will be structured so that funds for approximately three months of cash flow needs are readily available. • Yield/Return on Investment - The investment portfolio will be designed with the objective of attaining a market rate of return. Investments are limited to low-risk securities in anticipation of earning a fair return relative to the risk assumed. While it is expected that all securities would be suitable to be held until maturity, sales can occur for the following reasons: o A security with declining credit may be sold early to minimize loss of principal. o A security swap which improves the quality, yield, or target duration of the portfolio. o Liquidity need of the portfolio requires that a security be sold. Delegation of Authority The investment program shall be operated in conformance with federal, state, and other legal requirements. Authority to manage the City's investment program is derived from Minnesota Statutes 118A, Deposit and Investment of Public Funds. By approval of this policy, the City Councils management responsibility for the investment program is hereby delegated by the City Manager to the Finance Manager. Internal Controls-The Finance Manager is responsible for establishing and maintaining an internal control structure designed to ensure that the assets of the City are protected from loss, theft or misuse. The internal control structure will be designed to provide reasonable assurance that these objectives are met. The concept of reasonable assurance recognizes that (1) the cost of a control should not exceed the benefits likely to be derived and (2) the valuation of costs and benefits require estimates and judgments by management. Ethics and Conflict of Interest Employees involved in the investment process will refrain from personal business activity that could conflict with the proper execution and management of the investment program. Employees and investment officials will disclose any material interests in financial institutions with which they conduct business. They will further disclose any personal financial/investment positions that could be related to the performance of the investment portfolio.Employees and officers will refrain from undertaking personal investment transactions with the same individual with whom business is conducted for the City. Financial Service Providers The City may purchase securities directly through Financial Industry Regulatory Authority (FINRA)registered security broker/dealers. Each authorized broker/dealer from whom the City purchases securities directly shall provide certification as requested by State Law of the broker's annual review of the City's investment 2 policy. All broker/dealers who desire to become qualified bidders for investment transactions must supply the City with FINRA certification and CRD number. FINRA is the self-regulatory national organization for broker/dealers. All registration and certifications information is kept in their Central Registration Depository which is available online to all investors. Investment Managers The City may utilize SEC registered investment advisory/management firms (External Investment Managers) to invest segments of the portfolio. Managers shall be selected through a RFP process. The External Investment Managers will operate within the constraints of this Investment Policy and an executed Investment Advisory Agreement. The External Investment Managers shall have discretion over the assigned segment of the portfolio. All External Investment Managers shall purchase and sell investment securities in accordance with Minnesota Statute 118A, this Investment Policy and the Investment Advisory Agreement. Each External Investment Manager shall provide certification as requested by State Law of their annual review of the City's investment policy. External Investment Managers may be assigned differing strategies, constraints and assets to manage at the discretion of the Finance Manager. External Investment Managers must be registered under the Investment Advisers Act of 1940 and be licensed and registered to do business in Minnesota and registered as an investment advisor through IARD (Investment Advisor Registration Depository) in Minnesota. Suitable and Authorized Investments Investment Types — All investments made by the City will be in accordance with Minnesota Statutes. Authorized investments include but are not limited to: • Governmental bonds,notes,bills,mortgages(excluding high-risk mortgage backed securities) and other securities, which are direct obligations or are guaranteed or insured issues of the United States, its agencies, its instrumentalities, or organizations created by an act of Congress. • General obligation of any state or local government with taxing powers which is rated "A" or better by a national bond rating service. • Revenue obligation of any state or local government with taxing powers which is rated "AA" or better by a national bond rating service. • General obligation of the Minnesota housing finance agency which is a moral obligation of the state of Minnesota and is rated "A" or better by a national bond rating agency. • Commercial paper issued by United States corporations or their Canadian subsidiaries that is rated in the highest quality category by at least two nationally recognized rating agencies and matures in 270 days or less. • Time deposits that are fully insured by the Federal Deposit Insurance Corporation or bankers acceptances of United States banks. Additional Investment Authority 3 So long as the City is a "qualifying government"pursuant to Minnesota Statute 118A, it will have additional investment authority per this policy and Minnesota Statute. A qualifying government is defined by Minnesota Statute 118A.09, Subd. 1 as: • A county or statutory or home rule charter city with a population of more than 100,000; • A county or statutory or home rule charter city which had its most recently issued general obligation bonds rated in the highest category by a national bond rating agency; or • A self-insurance pool. As long as the City is a qualifying government, it may invest up to 15 percent of the sum of unassigned cash, cash equivalents, deposits, and investments in: • An index mutual fund based in the United States and indexed to a broad market United States equity index; or • With the Minnesota State Board of Investment subject to such terms and minimum amounts as may be adopted by the board. Index mutual fund investments must be mad directly with the main sales office of the fund. Before investing pursuant to this section, the governing body of the qualifying government must adopt a resolution that includes the following statements: • The governing body understands that investments have a risk of loss • The governing body understands the type of funds that are being invested and the specific investment itself • The governing body certifies that all funds designated for investment through the State Board of Investment meet the requirements of this section and the policies and procedures established by the State Board of Investment. Collateralization To the extent that funds deposited are in excess of available federal deposit insurance,the City will require the financial institution to furnish collateral security or a corporate surety bond executed by a company authorized to do business in the state. The following are the allowable forms of collateral in lieu of a corporate surety bond: • U.S. government treasury bills, treasury notes, treasury bonds. • Issues of U.S. government agencies and instrumentalities as quoted by a recognized industry quotation service available to the government entity. • General obligation securities of any state or local government with taxing powers which is rated"A" or better by a national bond rating service, or revenue obligation securities of any state or local government with taxing powers which is rated "AA" or better by a national bond rating service. 4 • Irrevocable standby letters of credit issued by Federal Home Loan Banks to a municipality accompanied by written evidence that the bank's public debt is rated "AA" or better by Moody's Investors Service, Inc., or Standard & Poor's Corporation. • Time deposits that are fully insured by the Federal Deposit Insurance Corporation. The amount of the collateral computed at its market value will be at least ten (10) percent more than the amount on deposit plus accrued interest at the close of the business day. Repurchase Agreements - Repurchase agreements consisting of collateral allowable as an investment may be entered into with any of the following entities: • A financial institution qualified as a"depository" of public funds of the government entity. • Any other financial institution which is a member of the Federal Reserve System and whose combined capital and surplus equals or exceeds $10,000,000. • A primary reporting dealer in United States government securities to the Federal Reserve Bank of New York. • A securities broker-dealer licensed pursuant to Minnesota Statutes 80A, or an affiliate of it, regulated by the Securities and Exchange Commission and maintaining a combined capital and surplus of$40,000,000 or more, exclusive of subordinated debt. 5 Safekeeping and Custody Securities purchased shall be held in a segregated account for the City's benefit at a third party trustee as a safekeeping agent. The investment dealer or bank through which the security is purchased shall issue a confirmation ticket to the City listing the specific instrument, issuer, coupon, maturity, CUSIP number, purchase or sale price, transaction date, and other pertinent information. The broker who executes the transaction on the City's behalf shall deliver all securities on a delivery versus payment method (DVP) to the designated third party. Delivery versus payment (DVP) is a way of controlling the risk to which securities market participants are exposed. Delivery of securities (i.e. the change in their ownership) is done simultaneously with payment. This means that neither the buyer nor the seller is exposed to the risk that the other will default. Investments, contracts, and agreement may be held in safekeeping with: • any Federal Reserve bank; • any bank authorized under the laws of the United States or any state to exercise corporate trust powers, including, but not limited to, the bank from which the investment is purchased. The City's ownership of all securities should be evidenced by written acknowledgements identifying the securities by: The name of the issuers The maturity dates The interest rates Any serial numbers or other distinguishing marks. Maximum Maturities • Approximately three months of cash flow needs will be invested in money market or short- term securities to meet current operating needs. • The average duration of the portfolio shall not exceed 3.5 years • Unless matched to a specific cash flow, the City will not directly invest in securities maturing more than seven(7) years from security settlement date. • For mortgage-backed securities, the weighted average life (WAL) must be no more than seven(7) years from security settlement date. • The intent to invest in securities with longer durations will be disclosed to the City Council prior to purchase • Maturities will generally be diversified to avoid undue concentration of assets in a public sector. Exception of maximum maturity is in reserve funds (per bond indentures) which may by invested to maturity that coincides as nearly as practical with the expected use of the funds. 6 Diversification Diversification- The investments will be diversified by: • Limiting investments to avoid over concentration in securities from a specific issuer or business sector(excluding U.S. Treasury securities). • Investing in securities with varying maturities as practical. • Investing a portion of the portfolio in readily available funds to ensure that appropriate liquidity is maintained in order to meet ongoing obligations. Diversification strategies will be implemented with the following constraints so that a Portfolio does not exceed the percentage identified below: Issuer Type % of Total Portfolio Money Market Fund 45% Certificates of Deposit 25% Savings/demand deposits 15% Bankers' Acceptance 20% Commercial Paper 30% US Treasury Obligations 100% Federal Agency Securities 75% Per Issuer: 40% Federal Agency Mortgage-backed Securities: 40% Municipal Securities 40% Repurchase Agreement 30% Guaranteed Investment Contracts By Project Performance Standards The investment portfolio will be designed to obtain a market average rate of return during budgetary and economic cycles,taking into account the City's investment risk constraints and cash flow needs. The City's investment strategy is conservative and is designed to earn rates similar to U.S. treasury yields. Reporting The Finance Manager will periodically prepare an investment report including a summary that provides an analysis of the current investment portfolio. The summary will include the percentage of investments held in each investment type, information on investment income and yield, and the maturities of the portfolio. A detailed report will be provided and will include a listing of individual securities held, the yield to maturity of each investment, the book value and the market value of each investment, and the maturity date of each investment. 7 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar January 22, 2019 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Joe Dusek Approve Construction Contract with IX.I. Public Works/UtilitiesBergerson-Caswell to Service and Upgrade Municipal Well No. 7 Requested Action Move to: Approve construction contract with Bergerson-Caswell, to service the pump equipment in Well No. 7, install a new magnetic flow meter, new pumping system components as required, and maintain the performance for summer-time water demand. Synopsis The City of Eden Prairie Utilities Division obtained proposals from two competent regional well drillers for the rehabilitation work at Municipal Well No. 7 located at 15580 Valley View Road. The least-cost proposal was offered by Bergerson-Caswell. Staff recommends acceptance of the proposal in the amount of$68,415.00 to be paid from the water utility fund. Background Information Municipal Well No. 7 was constructed in 1987, and was last rehabilitated in 2011. Well 7, and its associated pumping equipment, are currently capable of generating the desired yield (1375 gpm) during periods of peak demand. The well is scheduled for routine inspection and maintenance services, with no planned upgrades to the pump or motor. The existing flow meter will be replaced with a new magnetic flow meter. Attachments Recommendation Letter with bid tabulation Copy of Contract .` .• A11E25 www.ae2s . com December 21, 2018 Mr.Joe Dusek Water Treatment Supervisor City of Eden Prairie Re: Recommendation for Notice of Award Well No.7 Downhole Rehabilitation Project City of Eden Prairie,Minnesota Dear Mr. Dusek: Pursuant to the authority of the Eden Prairie City Council, quotes were received electronically Thursday December 20th at 2 PM. A total of two(2)quotes were received for the project. Pursuant to our review of the quotes received, it appears that all were completed in accordance with the requirements of the Request for Quotes (RFQ). A summary of the Quote Tabulation is below for your reference. Contractor Name Well No.7 Rehabilitation Bergerson Caswell $68,415 Keys Well Drilling $78,035 Pending Eden Prairie's official's acceptance of the proposed contract prices, Advanced Engineering and Environmental Services, Inc. (AE2S) recommends that the City award the construction contract for Well No. 7 Rehabilitation to Bergerson Caswell since they were the lowest responsive and responsible bidder for$68,415. AE2S truly appreciates the opportunity to be able to work with the City of Eden Prairie on this project for the City. Should you or anyone at the City have any questions or comments regarding this letter, please feel free to contact me directly at 763-463-5036. Sincerely, Nancy Zeigler, PE Project Manger Advanced Engineering and Environmental Services. Inc. 6901 East Fish Lake Road,Suite 184 • Water Tower Business Center • Maple Grove, MN 55369-5457 • It) 763-463-5036 • (f] 763-463-5037 2017 06 01 Agreement for Contract Services This Agreement ("Agreement") is made on the 22nd day of January, 2019, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Bergerson-Caswell Inc., a Minnesota well driller (hereinafter "Contractor")whose business address is 5115 Industrial Street, Maple Plain, MN 55359. Preliminary Statement The City has adopted a policy regarding the selection and hiring of contractors to provide a variety of services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of services by Contractor for rehabilitation of well 7 hereinafter referred to as the "Work". The City and Contractor agree as follows: 1. Scope of Work. 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, consultant or industry proposal, or contract terms attached to or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any manner. 2. Effective Date and Term of Agreement. This Agreement shall become effective as of January 22, 2018. The Work shall be completed by June 1, 2019. 3. Obligations of Contractor. Contractor shall conform to the following obligations: a. Contractor shall provide the materials and services as set forth in Exhibit A. b. Contractor and its employees will park in service areas or lots and use entries and exits as designated by City. Contractor's personnel will contact the appropriate person (i.e. receptionist, maintenance personnel, security, etc) immediately upon entering the building, and will sign in and out if required by City. c. Care, coordination and communication by Contractor is imperative so that guests and employees in the buildings are not disturbed or inconvenienced during the performance of the contracted services. d. Contractor's personnel must be neat appearing, wear a uniform and badge that clearly identifies them as a service contractor, and abide by City's no smoking policies. e. Contractor must honor the City's request to reassign an employee for cause. Cause may include performance below acceptable standards or failure to present the necessary image or attitude, in the judgment of the owner, to present a first class operation. f. When necessary, Contractor's personnel will be provided with keys or access cards in order to perform their work. Any lost keys or cards that result in rekeying a space or other cost to the City will be billed back to the Contractor. 4. City's Obligations. City will do or provide to Contractor the following: a. Provide access to City properties as appropriate. 5. Compensation for Services. City agrees to pay the Contractor a fixed sum of$68,415.00 as full and complete payment for the labor, materials and services rendered pursuant to this Agreement 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. 6. Method of Payment. a. Contractor shall prepare and submit to City, on a monthly basis, itemized invoices setting forth work performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City. b. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." c. No fuel surcharges or surcharges of any kind will be accepted nor will they be paid. 7. Project Manager. The Contractor shall designated a Project Manager and notify the City in writing of the identity of the Project Manager before starting work on the Project. The Project Manager shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Contractor may not remove or replace the Project Manager without the approval of the City. 8. 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 Standard Agreement for Contract Services 2017 06 01.01 Page 2 of 10 responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Contractor shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 9. 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, or required by law. b. Contractor shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker's Compensation Statutory Limits Employer's Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General $1,000,000 property damage and bodily Liability injury per occurrence $2,000,000 general aggregate $2,000,000 Products—Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products- completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. Standard Agreement for Contract Services 2017 06 01.01 Page 3 of 10 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 the Worker's Compensation Policy, Automobile Policy, and Professional Liability Policy, shall name the "City of Eden Prairie" as an additional insured including products and completed operations. g. All 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 Agreement. j. Contractor agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City's written acceptance of the Work. k. It shall be Contractor's responsibility to pay any retention or deductible for the coverages required herein. 1. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days' prior notice to the City, except that if the cancellation or non-renewal is due to non-payment, the coverages may not be terminated or non- renewed without ten(10) days' prior notice to the City. m. Contractor shall maintain in effect all insurance coverages required under this Paragraph at Contractor's sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. n. A copy of the Contractor's Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Contractor's Work. Upon request a copy of the Contractor's insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Contractor has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence Standard Agreement for Contract Services 2017 06 01.01 Page 4 of 10 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. 10. 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 Agreement 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 Agreement. 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. 11. Warranty. The Contractor expressly warrants and guarantees to the City that all Work performed and all materials furnished shall be in accord with the Agreement 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 Standard Agreement for Contract Services 2017 06 01.01 Page 5 of 10 Agreement, 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 Agreement, 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. 12. Termination. a. This Agreement may be terminated at any time by either party for breach or non- performance of any provision of this Agreement in accordance with the following. The party ("notifying party") who desires to terminate this Agreement for breach or non-performance of the other party ("notified party") shall give the notified party notice in writing of the notifying party's desire to terminate this Agreement describing the breach or non-performance of this Agreement entitling it to do so. The notified party shall have five (5) days from the date of such notice to cure the breach or non-performance. Upon failure of the notified party to do so, this Agreement shall automatically terminate. b. Upon the termination of this Agreement, whether by expiration of the original or any extended term or terms hereof, or for any other reason, Contractor shall have the right, within a reasonable time after such termination to remove from City's premises any and all of Contractor's equipment and other property. Except for liability resulting from acts or omissions of a party, arising, taken or omitted prior to such termination, the rights and obligations of each party resulting from this Agreement shall cease upon such termination. Any prior liability of a party shall survive termination of this Agreement. c. In the event of dissolution, termination of existence, insolvency, appointment of a receiver, assignment for the benefit of creditors, or the commencement of any Standard Agreement for Contract Services 2017 06 01.01 Page 6 of 10 proceeding under any bankruptcy or insolvency law, or the service of any warrant, attachment, levy or similar process involving Contractor, City may, at its option in addition to any other remedy to which City may be entitled, immediately terminate this Agreement by notice to Contractor, in which event, this Agreement shall terminate on the notice becoming effective. 13. 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 Agreement, 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. 14. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. GENERAL TERMS AND CONDITIONS 15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 16. Compliance with Laws and Regulations. In providing services hereunder, the 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. Standard Agreement for Contract Services 2017 06 01.01 Page 7 of 10 17. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. 18. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. 19. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 20. Employees. Contractor agrees not to hire any employee or former employee of.City and City agrees not to hire any employee or former employee of Contractor prior to termination of this Agreement and for one (1) year thereafter, without prior written consent of the former employer in each case. 21. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Agreement or thereafter of any of the rights or remedies of the City under this Agreement. 22. Entire Agreement, Construction, Application and Interpretation. This Agreement is in furtherance of the City's public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This 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. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Non-Discrimination. During the performance of this Agreement, the 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. Standard Agreement for Contract Services 2017 06 01.01 Page 8 of 10 25. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Agreement if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 26. Rights and Remedies. The duties and obligations imposed by this Agreement and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations,rights and remedies otherwise imposed or available by law. 27. Services Not Provided For. No claim for services furnished by the Contractor not specifically provided for herein shall be honored by the City. 28. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 29. Statutory Provisions. a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the 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. 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. Standard Agreement for Contract Services 2017 06 01.01 Page 9 of 10 Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager CONTRACTOR By: Its: Standard Agreement for Contract Services 2017 06 01.01 Page 10 of 10 Exhibit A Perform well inspection and rehabilitation for well 7, which will include all materials, supplies, and labor. Install new flow meter as specified. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar January 22, 2019 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Joe Dusek Approve Construction Contract with IX.J. Public Works/UtilitiesKeys Well Drilling to Service and Upgrade Municipal Well No. 8 Requested Action Move to: Approve construction contract with Keys Well Drilling, Inc, municipal well drillers, to service the pump equipment in Well No. 8, new pumping system components as required, and maintain the performance for summer-time water demand. Synopsis The City of Eden Prairie Utilities Division obtained proposals from two competent regional well drillers for the rehabilitation work at Municipal Well No. 8. Well 8 is located at 7200 Edenvale Boulevard. The least-cost proposal was offered by Keys Well Drilling. Staff recommends acceptance of the proposal in the amount of$49,775.00 to be paid from the water utility fund. Background Information Municipal Well No. 8 was constructed in 1987, and was last rehabilitated in 2010. Well 8, and its associated pumping equipment, are currently capable of generating the desired yield (1350 gpm) during periods of peak demand. The well is scheduled for routine inspection and maintenance services, with no planned upgrades to the pump or motor. Attachments Recommendation Letter with bid tabulation Copy of Contract .` .• A11E25 www.ae2s . com December 21, 2018 Mr.Joe Dusek Water Treatment Supervisor City of Eden Prairie Re: Recommendation for Notice of Award Well No.8 Downhole Rehabilitation Project City of Eden Prairie,Minnesota Dear Mr. Dusek: Pursuant to the authority of the Eden Prairie City Council, quotes were received electronically Thursday December 20th at 2 PM. A total of two(2)quotes were received for the project. Pursuant to our review of the quotes received, it appears that all were completed in accordance with the requirements of the Request for Quotes (RFQ). A summary of the Quote Tabulation is below for your reference. Contractor Name Well No. 8 Rehabilitation Keys Well Drilling $49,775 Bergerson Caswell $56,130 Pending Eden Prairie's official's acceptance of the proposed contract prices, Advanced Engineering and Environmental Services, Inc. (AE2S) recommends that the City award the construction contract for Well No. 8 Rehabilitation to Keys Well Drilling since they were the lowest responsive and responsible bidder for$49,775. AE2S truly appreciates the opportunity to be able to work with the City of Eden Prairie on this project for the City. Should you or anyone at the City have any questions or comments regarding this letter, please feel free to contact me directly at 763-463-5036. Sincerely, Nancy Zeigler, PE Project Manger Advanced Engineering and Environmental Services. Inc. 6901 East Fish Lake Road,Suite 184 • Water Tower Business Center • Maple Grove, MN 55369-5457 • It) 763-463-5036 • (f] 763-463-5037 2017 06 01 Agreement for Contract Services This Agreement ("Agreement") is made on the 22nd day of January, 2019, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Keys Well Drilling Co., a Minnesota well driller (hereinafter "Contractor")whose business address is 1156 Homer Street, St. Paul, MN 55116. Preliminary Statement The City has adopted a policy regarding the selection and hiring of contractors to provide a variety of services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of services by Contractor for rehabilitation of well 8 hereinafter referred to as the "Work". The City and Contractor agree as follows: 1. Scope of Work. 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, consultant or industry proposal, or contract terms attached to or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any manner. 2. Effective Date and Term of Agreement. This Agreement shall become effective as of January 22, 2018. The Work shall be completed by June 1,2019. 3. Obligations of Contractor. Contractor shall conform to the following obligations: a. Contractor shall provide the materials and services as set forth in Exhibit A. b. Contractor and its employees will park in service areas or lots and use entries and exits as designated by City. Contractor's personnel will contact the appropriate person (i.e. receptionist, maintenance personnel, security, etc,) immediately upon entering the building, and will sign in and out if required by City. c. Care, coordination and communication by Contractor is imperative so that guests and employees in the buildings are not disturbed or inconvenienced during the performance of the contracted services. d. Contractor's personnel must be neat appearing, wear a uniform and badge that clearly identifies them as a service contractor, and abide by City's no smoking policies. e. Contractor must honor the City's request to reassign an employee for cause. Cause may include performance below acceptable standards or failure to present the necessary image or attitude, in the judgment of the owner, to present a first class operation. f. When necessary, Contractor's personnel will be provided with keys or access cards in order to perform their work. Any lost keys or cards that result in rekeying a space or other cost to the City will be billed back to the Contractor. 4. City's Obligations. City will do or provide to Contractor the following: a. Provide access to City properties as appropriate. 5. Compensation for Services. City agrees to pay the Contractor a fixed sum of$49,775.00 as full and complete payment for the labor, materials and services rendered pursuant to this Agreement 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. 6. Method of Payment. a. Contractor shall prepare and submit to City, on a monthly basis, itemized invoices setting forth work performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City. b. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." c. No fuel surcharges or surcharges of any kind will be accepted nor will they be paid. 7. Project Manager. The Contractor shall designated a Project Manager and notify the City in writing of the identity of the Project Manager before starting work on the Project. The Project Manager shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Contractor may not remove or replace the Project Manager without the approval of the City. 8. 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 Standard Agreement for Contract Services 2017 06 01.01 Page 2 of 10 responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Contractor shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 9. 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, or required by law. b. Contractor shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker's Compensation Statutory Limits Employer's Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General $1,000,000 property damage and bodily Liability injury per occurrence $2,000,000 general aggregate $2,000,000 Products—Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned,hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products- completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. Standard Agreement for Contract Services 2017 06 01.01 Page 3 of 10 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 the Worker's Compensation Policy, Automobile Policy, and Professional Liability Policy, shall name the "City of Eden Prairie" as an additional insured including products and completed operations. g. All 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 Agreement. j. Contractor agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City's written acceptance of the Work. k. It shall be Contractor's responsibility to pay any retention or deductible for the coverages required herein. 1. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days' prior notice to the City, except that if the cancellation or non-renewal is due to non-payment, the coverages may not be terminated or non- renewed without ten(10) days' prior notice to the City. m. Contractor shall maintain in effect all insurance coverages required under this Paragraph at Contractor's sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-,unless specifically accepted by City in writing. n. A copy of the Contractor's Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Contractor's Work. Upon request a copy of the Contractor's insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Contractor has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence Standard Agreement for Contract Services 2017 06 01.01 Page 4 of 10 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. 10. 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 Agreement 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 Agreement. 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. 11. Warranty. The Contractor expressly warrants and guarantees to the City that all Work performed and all materials furnished shall be in accord with the Agreement 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 Standard Agreement for Contract Services 2017 06 01.01 Page 5 of 10 Agreement, 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 Agreement, 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. 12. Termination. a. This Agreement may be terminated at any time by either party for breach or non- performance of any provision of this Agreement in accordance with the following. The party ("notifying party") who desires to terminate this Agreement for breach or non-performance of the other party ("notified party") shall give the notified party notice in writing of the notifying party's desire to terminate this Agreement describing the breach or non-performance of this Agreement entitling it to do so. The notified party shall have five (5) days from the date of such notice to cure the breach or non-performance. Upon failure of the notified party to do so, this Agreement shall automatically terminate. b. Upon the termination of this Agreement, whether by expiration of the original or any extended term or terms hereof, or for any other reason, Contractor shall have the right, within a reasonable time after such termination to remove from City's premises any and all of Contractor's equipment and other property. Except for liability resulting from acts or omissions of a party, arising, taken or omitted prior to such termination, the rights and obligations of each party resulting from this Agreement shall cease upon such termination. Any prior liability of a party shall survive termination of this Agreement. c. In the event of dissolution, termination of existence, insolvency, appointment of a receiver, assignment for the benefit of creditors, or the commencement of any Standard Agreement for Contract Services 2017 06 01.01 Page 6 of 10 proceeding under any bankruptcy or insolvency law, or the service of any warrant, attachment, levy or similar process involving Contractor, City may, at its option in addition to any other remedy to which City may be entitled, immediately terminate this Agreement by notice to Contractor, in which event, this Agreement shall terminate on the notice becoming effective. 13. 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 Agreement, 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. 14. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. GENERAL TERMS AND CONDITIONS 15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 16. Compliance with Laws and Regulations. In providing services hereunder, the 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. Standard Agreement for Contract Services 2017 06 01.01 Page 7 of 10 17. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a fmancial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. 18. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. 19. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 20. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to termination of this Agreement and for one (1) year thereafter, without prior written consent of the former employer in each case. 21. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Agreement or thereafter of any of the rights or remedies of the City under this Agreement. 22. Entire Agreement, Construction, Application and Interpretation. This Agreement is in furtherance of the City's public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This 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. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Non-Discrimination. During the performance of this Agreement, the 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. Standard Agreement for Contract Services 2017 06 01.01 Page 8 of 10 25. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Agreement if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 26. Rights and Remedies. The duties and obligations imposed by this Agreement and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations,rights and remedies otherwise imposed or available by law. 27. Services Not Provided For. No claim for services furnished by the Contractor not specifically provided for herein shall be honored by the City. 28. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 29. Statutory Provisions. a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the 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. 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. Standard Agreement for Contract Services 2017 06 01.01 Page 9 of 10 Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager CONTRACTOR By: Its: Standard Agreement for Contract Services 2017 06 01.01 Page 10 of 10 Exhibit A Perform well inspection and rehabilitation for well 8, which will include all materials, supplies, and labor. CITY COUNCIL AGENDA DATE: January 22, 2019 SECTION: Consent Calendar DEPARTMENT /DIVISION: ITEM DESCRIPTION: ITEM NO.: Public Works Award Contract to Farrell Equipment & Paul Schlueter/Fleet Services Supply Co., Inc. for Purchase of New K Husqvarna Concrete Saw Requested Action Move to: Award contract to Farrell Equipment& Supply Co., Inc. for purchase of a new Husqvarna FS5000D concrete cutting saw for a total cost of$28,988.00. Synopsis The 2019 Fleet Capital Internal Service Fund budget includes the purchase of a replacement concrete cutting saw. This saw is primarily used by our Streets and Utilities divisions to support pavement and curb repairs as a part of our ongoing street and utility maintenance. Fleet Services typically purchases repair equipment using the State of Minnesota Cooperative Purchasing Venture (CPV)under contracts that are already negotiated and in place with the State. This Husqvarna concrete saw is not on any current State contract. Per City Purchasing Policy, Fleet Services solicited quotes for this equipment and a summary of the quotes received are noted below. Vendor: Quoted Price: Farrell Equipment& Supply Co., Inc. $28,988.00 Concrete Cutting & Coring $30,387.72 Ziegler Caterpillar $31,225.00 Benfer Equipment& Supply $31,250.00 The low quote that met our specifications is from Farrell Equipment & Supply Company. Staff is requesting approval and award of the contract to Farrell Equipment& Supply Company for the quoted amount of$28,988.00. Funds for this purchase are included in the 2019 Fleet Capital Internal Service Fund budget. Attachment City of Eden Prairie/Farrell Equipment & Supply Co., Inc. — Standard Contract for Goods and Services 2017 06 10 Contract for Goods and Services This Contract ("Contract") is made on the 22nd day of January 2019, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Farrell Equipment & Supply Co., Inc. a Wisconsin Corporation (hereinafter "Vendor")whose business address is 2310 Ventura Drive, Woodbury MN 55125. Preliminary Statement The City has adopted a policy regarding the selection and hiring of vendors to provide a variety of goods and/or services for the City. That policy requires that persons, firms or corporations providing such goods and/or services enter into written agreements with the City. The purpose of this Contract is to set forth the terms and conditions for the provision of goods and/or services by Vendor for supplying and delivering a Husquavarna FS5000D concrete saw and associated components hereinafter referred to as the "Work". The City and Vendor agree as follows: 1. Scope of Work. The Vendor agrees to provide, perform and complete all the provisions of the Work in accordance with attached Exhibit A. Any general or specific conditions, terms, agreements, consultant or industry proposal, or contract terms attached to or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any manner. 2. Term of Contract. All Work under this Contract shall be provided, performed and/or completed by April 1, 2019. 3. Compensation for Services. City agrees to pay the Vendor a fixed sum of$28,988.00 with total payments not to exceed $28,988.00 as full and complete payment for the goods, labor, materials and/or services rendered pursuant to this Contract and as described in Exhibit A. 4. Method of Payment. Vendor shall prepare and submit to City, on a monthly basis, itemized invoices setting forth work performed under this Contract. Invoices submitted shall be paid in the same manner as other claims made to the City. 5. Standard of Care. Vendor shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. 6. Insurance. a. General Liability. Vendor shall maintain a general liability insurance policy with limits of at least $1,000,000.00 for each person, and each occurrence, for both personal injury and property damage. Vendor shall provide City with a Certificate of Insurance verifying insurance coverage before providing service to the City. b. Worker's Compensation. Vendor shall secure and maintain such insurance as will protect Vendor from claims under the Worker's Compensation Acts and from claims for bodily injury, death, or property damage which may arise from the performance of Vendor's services under this Contract. c. Comprehensive Automobile Liability. Vendor shall maintain comprehensive automobile liability insurance with a $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) 7. Indemnification. Vendor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney's fees paid, incurred or for which it may be liable resulting from any breach of this Contract by Vendor, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Vendor, its agents, contractors and employees, relative to this Contract. City will indemnify and hold Vendor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 8. Warranty. The Vendor expressly warrants and guarantees to the City that all Work performed and all materials furnished shall be in accord with the Contract and shall be free from defects in materials, workmanship, and operation which appear within a period of one year, or within such longer period as may be prescribed by law or in the terms of the Contract, from the date of City's written acceptance of the Work. The City's rights under the Contractor's warranty are not the City's exclusive remedy. The City shall have all other remedies available under this Contract, at law or in equity. 9. Termination. This Contract may be terminated by either party by seven (7) days' written notice delivered to the other party at the addresses written above. Upon termination under this provision if there is no fault of the Vendor, the Vendor shall be paid for services rendered until the effective date of termination. 10. Independent Contractor. At all times and for all purposes herein, the Vendor is an independent contractor and not an employee of the City. No statement herein shall be construed so as to find the Vendor an employee of the City. 11. Subcontract or Assignment. Vendor shall not subcontract any part of the services to be provided under this Contract; nor may Vendor assign this Contract, or any interest arising herein, without the prior written consent of the City. 12. Services Not Provided For. No claim for services furnished by Vendor not specifically provided for in Exhibit A shall be honored by the City. GENERAL TERMS AND CONDITIONS 14. Assignment. Neither party shall assign this Contract, nor any interest arising herein, without the written consent of the other party. Standard Purchasing Contract 2017 06 01 Page 2 of 5 15. Compliance with Laws and Regulations. In providing services hereunder, the Vendor shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Contract and entitle the City to immediately terminate this Contract. 16. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Contract. The violation of this provision renders the Contract void. 17. Counterparts. This Contract may be executed in multiple counterparts, each of which shall be considered an original. 18. Damages. In the event of a breach of this Contract by the City, Vendor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 19. Employees. Vendor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Vendor prior to termination of this Contract and for one (1) year thereafter, without prior written consent of the former employer in each case. 20. Enforcement. The Vendor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Contract or thereafter of any of the rights or remedies of the City under this Contract. 21. Entire Contract, Construction, Application and Interpretation. This Contract is in furtherance of the City's public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 22. Governing Law. This Contract shall be controlled by the laws of the State of Minnesota. 23. Non-Discrimination. During the performance of this Contract, the Vendor shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Vendor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non- discrimination clause and stating that all qualified applicants will receive consideration for employment. The Vendor shall incorporate the foregoing requirements of this paragraph in Standard Purchasing Contract 2017 06 01 Page 3 of 5 all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Vendor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 24. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Contract if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 25. Rights and Remedies. The duties and obligations imposed by this Contract and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 26. Services Not Provided For. No claim for services furnished by the Vendor not specifically provided for herein shall be honored by the City. 27. Severability. The provisions of this Contract are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Contract. 28. Statutory Provisions. a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the Vendor or other parties relevant to this Contract are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Contract. b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Vendor under this Contract which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. This Contract is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Vendor in performing any of the functions of the City during performance of this Contract is subject to the requirements of the Data Practice Act and Vendor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Vendor in relation to this Contract shall contain similar Data Practices Act compliance language. Standard Purchasing Contract 2017 06 01 Page 4 of 5 29. Waiver. Any waiver by either party of a breach of any provisions of this Contract shall not affect, in any respect, the validity of this Contract. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager VENDOR By: Its: Standard Purchasing Contract 2017 06 01 Page 5 of 5 QUOTATION FARRELL Farrell Equipment & Supply Co., Inc. rishtprtwas$ShglsTa 4Q.. . edemaRmml O Eau Claire QAppleton La Crosse Q Madison 715-835-4334 920-903-1985 608-796-9300 608-222-5372 Fax: 715-835-4356 Fax: 920-903-8278 Fax: 608-796-9435 Fax: 608-222-5405 Rochester Q Wausau St. Paul 507-252-0234 715-355-8300 651-756-8932 Fax: 507-252-0222 Fax: 715-298-1662 Fax: 651-756-8864 TO: Eden Prairie DATE: 1/9/2019 JOB: ATTN: Paul Per QTY DESCRIPTION Price Unit Total 1 Husqvarna#967207313 FS5000D/30 30"Saw w/E-Track $27,334.50 each $27,334.50 1 Husgvarna#501744601 5th Wheel Kit-Installed $1,653.50 each $1,653.50 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Subtotal $28,988.00 TOTAL $28,988.00 Sincerely Yours, Jeff Witt Farrell Equipment& Supply Co., Inc. Prices firm for 30 days from above date. These prices subject to applicable taxes. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar January 22, 2019 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Rick Wahlen Approve Amendment to the Standard IX.L. Public Works/UtilitiesAgreement for Professional Services with Hansen Thorp Pellinen Olson, Inc. (HTPO) for Surveying Services of the Future Site of the City's Water Storage Reservoir and Pump Station Requested Action Move to: Approve an Amendment to the Standard Agreement for Professional Services with HTPO for Site Survey work for the Planning and Construction of the City's New Ground Storage Reservoir for Drinking Water. Synopsis An agreement with HTPO provided for the survey of property acquired from MnDOT on which a new water storage reservoir and pump station would be constructed. This amendment authorizes HTPO to provide additional survey work to define additional property owned by the State which is being offered for sale to the City for the potential construction of utilities and a stormwater management feature. The amendment increases the total value of the contract to over $20,000, thus requiring council approval. Background Information The initial agreement with HTPO provided for the site survey of property acquired from the State of Minnesota specifically for the purpose of constructing a drinking water storage facility. Following negotiations with the developer for Smith Village regarding an access and utility easement, an amendment was prepared to authorize additional survey work to define and characterize the easements within the Smith Village property. Upon requesting a permit to construct utilities across state land to serve this new site, the state decided to offer additional property to the city in lieu of a permit. It became necessary to survey additional property as a result of this offer in order to further define construction plans, resulting in the need for a second amendment authorizing HTPO to perform the survey. The sum of the original contract with amendments is $20,900. All costs accumulated within this agreement will be paid from the water utility enterprise capital improvement fund. Attachment Amendment AMENDMENT TO Standard Agreement for Professional Services This Amendment to Standard Agreement for Professional Services (Amendment) is made on the 8th day of January , 2019 , between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Hansen Thorp Pellinen Olson, Inc. (HTPO) hereinafter"Consultant")whose business address is 7510 Market Place Drive, Eden Prairie, MN 55344 . WHEREAS City and Consultant entered into a Standard Agreement for Professional Services on the 131 day of June , 2018 for the work described in Exhibit A thereto; WHEREAS City and Consultant desire to amend paragraph 3 of the Agreement relating to the Compensation of Services to be paid to the Consultant. NOW THEREFORE THE PARTIES AGREE AS FOLLOWS: 1. Compensation for Services: Paragraph 3 entitled "Compensation for Services" is amended to state that the City agrees to pay the Consultant on an hourly basis plus expenses in a total amount not to exceed $ 20,900.00 for the services as described in Exhibit A. a. The reason for the additional compensation is due to the need for additional survey work to validate the topography within the proposed easements being considered with adjoining property owners. The recent offer from the State of Minnesota to convey property containing the watermain easement location to the City has expanded the area to be surveyed._ 2. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. 3. Entire Agreement. This Amendment constitutes the entire agreement between the parties with respect to the matter herein contained and all prior negotiations with respect to the subject matter herein contained are merged into and incorporated into this Amendment, and all prior documents and correspondence between the parties with respect to the subject matter herein contained (other than the Agreement) are superseded and of no further force or effect. 4. Binding. This Amendment shall be binding upon and unsure to the benefit of the parties hereto. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager HTPO By: Its: CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar January 22, 2019 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Rick Wahlen Approve Construction Contract with IX.M. Innovative Foundation Support Works to Public Works/Utilities Perform Manhole Relining Repairs of Four Sanitary Sewer Manholes Requested Action Move to: Approve Construction Contract with Innovative Foundation Support Works to Perform Manhole Relining Repairs of Four Sanitary Sewer Manholes using synthetic chemical grout. Synopsis Utilities Division repairs manhole leaks throughout the city each year. In 2018, the Division repaired 249 sanitary sewer manholes and stormwater catch-basins by manually removing and replacing defective components. Manholes which leak,but are structurally sound can be repaired by lining the concrete structure with a self-sealing plastic grout system. This contract will repair four manholes in that manner. Background Information Inflow and Infiltration(I&I) is a problem that impacts every community with a sanitary sewer system. I&I results when ground or surface water makes its way into the sanitary sewer, effectively robbing the sewer system of capacity that should be reserved for wastewater. Repairing leaking manholes is one facet of I&I reduction, and is recognized as a mitigation effort that is reimbursable through a Metropolitan Council I&I grant awarded to the city for the years 2017 through 2019. This contract using a product called Zebron will augment the city's manual repairs performed by city staff, and is one of two manhole sealing methods we will be contracting. A subsequent contract is forthcoming which will repair a similar number of manholes using the SpectraShield synthetic repair method. Both repair methods will be evaluated over time for performance. All costs associated with this contract will be paid from the wastewater utility enterprise fund, and will be reimbursed from the Metropolitan Council grant program after the conclusion of the grant period in October 2019. Attachments Contract Scope of Work 2017 06 01 Agreement for Contract Services This Agreement ("Agreement") is made on the _22nd_day of January_, 20_19_, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and _Innovative Foundation Supportworks_, a Minnesota Service Disabled Veteran Owned Company (hereinafter "Contractor") whose business address is_1325 S Frandsen Avenue, Rush City, Minnesota 55069_. Preliminary Statement The City has adopted a policy regarding the selection and hiring of contractors to provide a variety of services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of services by Contractor for Repairing Inflow and Infiltration at Four City-Owned Sanitary Sewer Manholes By The Installation of the Zebron Chemical Grout Manhole Lining Process_hereinafter referred to as the "Work". The City and Contractor agree as follows: 1. Scope of Work 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, consultant or industry proposal, or contract terms attached to or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any manner. 2. Effective Date and Term of Agreement. This Agreement shall become effective as of _January_ 22 , 20 19 . [The Agreement shall continue for one (1) year thereafter, and automatically renew from year to year after expiration of said one year period except that this Agreement may be terminated at the end of any one (1) year period with sixty (60) days prior written notice from either party.] OR [The Work shall be completed by July 1, 2019 . ] 3. Obligations of Contractor. Contractor shall conform to the following obligations: a. Contractor shall provide the materials and services as set forth in Exhibit A. b. Contractor and its employees will park in service areas or lots and use entries and exits as designated by City. Contractor's personnel will contact the appropriate person (i.e. receptionist, maintenance personnel, security, etc) immediately upon entering the building, and will sign in and out if required by City. c. Care, coordination and communication by Contractor is imperative so that guests and employees in the buildings are not disturbed or inconvenienced during the performance of the contracted services. d. Contractor's personnel must be neat appearing, wear a uniform and badge that clearly identifies them as a service contractor, and abide by City's no smoking policies. e. Contractor must honor the City's request to reassign an employee for cause. Cause may include performance below acceptable standards or failure to present the necessary image or attitude, in the judgment of the owner, to present a first class operation. £ When necessary, Contractor's personnel will be provided with keys or access cards in order to perform their work. Any lost keys or cards that result in rekeying a space or other cost to the City will be billed back to the Contractor. g• h. i. 4. City's Obligations. City will do or provide to Contractor the following: a. Provide access to City properties as appropriate and adequate space for the installation equipment. b. Provide manhole bypassing if required. c. Provide access to water for the installation equipment. d. Provide a warm parking location for overnight storage of the Zebron truck. e. Provide traffic control for each manhole repair. f. Provide supplemental exhaust equipment if dangerous gas concentration is encountered. g. Provide VACTOR to empty the structure prior to repair work if deemed necessary by contractor. 5. Compensation for Services. City agrees to pay the Contractor [a fixed sum not to exceed $ 25,000 ] OR [an hourly sum of$ , with total payments made in each one year period not to exceed ] as full and complete payment for the labor, materials and services rendered pursuant to this Agreement 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. 6. Method of Payment. Standard Agreement for Contract Services 2017 06 01.01 Page 2 of 10 a. Contractor shall prepare and submit to City, on a monthly basis, itemized invoices setting forth work performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City. b. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." c. No fuel surcharges or surcharges of any kind will be accepted nor will they be paid. 7. Project Manager. The Contractor shall designated a Project Manager and notify the City in writing of the identity of the Project Manager before starting work on the Project. The Project Manager shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Contractor may not remove or replace the Project Manager without the approval of the City. 8. 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 Agreement. Contractor shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 9. 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, or required by law. 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 Standard Agreement for Contract Services 2017 06 01.01 Page 3 of 10 $2,000,000 Products—Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products- completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. d. Contractor shall maintain "stop gap" coverage if Contractor obtains Workers' Compensation coverage from any state fund if Employer's liability coverage is not available. e. All policies, except the Worker's Compensation Policy, shall name the "City of Eden Prairie" as an additional insured. f. All policies, except the Worker's Compensation Policy, Automobile Policy, and Professional Liability Policy, shall name the "City of Eden Prairie" as an additional insured including products and completed operations. g. All 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 Agreement. j. Contractor agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City's written acceptance of the Work. k. It shall be Contractor's responsibility to pay any retention or deductible for the coverages required herein. Standard Agreement for Contract Services 2017 06 01.01 Page 4 of 10 1. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days' prior notice to the City, except that if the cancellation or non-renewal is due to non-payment, the coverages may not be terminated or non- renewed without ten (10) days' prior notice to the City. m. Contractor shall maintain in effect all insurance coverages required under this Paragraph at Contractor's sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-,unless specifically accepted by City in writing. n. A copy of the Contractor's Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Contractor's Work. Upon request a copy of the Contractor's insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Contractor has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Contractor of any deficiencies in such documents and receipt thereof shall not relieve Contractor from, nor be deemed a waiver of, City's right to enforce the terms of Contractor's obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. o. Effect of Contractor's Failure to Provide Insurance. If Contractor fails to provide the specified insurance, then Contractor will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of 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: Standard Agreement for Contract Services 2017 06 01.01 Page 5 of 10 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. 10. 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 Agreement 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 Agreement. 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. 11. Warranty. The Contractor expressly warrants and guarantees to the City that all Work performed and all materials furnished shall be in accord with the Agreement 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 Agreement, 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 Agreement, 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 Agreement for Contract Services 2017 06 01.01 Page 6 of 10 12. Termination. a. This Agreement may be terminated at any time by either party for breach or non- performance of any provision of this Agreement in accordance with the following. The party ("notifying party") who desires to terminate this Agreement for breach or non-performance of the other party ("notified party") shall give the notified party notice in writing of the notifying party's desire to terminate this Agreement describing the breach or non-performance of this Agreement entitling it to do so. The notified party shall have five (5) days from the date of such notice to cure the breach or non-performance. Upon failure of the notified party to do so, this Agreement shall automatically terminate. b. Upon the termination of this Agreement, whether by expiration of the original or any extended term or terms hereof, or for any other reason, Contractor shall have the right, within a reasonable time after such termination to remove from City's premises any and all of Contractor's equipment and other property. Except for liability resulting from acts or omissions of a party, arising, taken or omitted prior to such termination, the rights and obligations of each party resulting from this Agreement shall cease upon such termination. Any prior liability of a party shall survive termination of this Agreement. c. In the event of dissolution, termination of existence, insolvency, appointment of a receiver, assignment for the benefit of creditors, or the commencement of any proceeding under any bankruptcy or insolvency law, or the service of any warrant, attachment, levy or similar process involving Contractor, City may, at its option in addition to any other remedy to which City may be entitled, immediately terminate this Agreement by notice to Contractor, in which event, this Agreement shall terminate on the notice becoming effective. 13. 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 Agreement, 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. 14. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Standard Agreement for Contract Services 2017 06 01.01 Page 7 of 10 Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. GENERAL TERMS AND CONDITIONS 15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 16. Compliance with Laws and Regulations. In providing services hereunder, the 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. 17. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. 18. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. 19. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 20. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to termination of this Agreement and for one (1) year thereafter, without prior written consent of the former employer in each case. 21. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Agreement or thereafter of any of the rights or remedies of the City under this Agreement. 22. Entire Agreement, Construction, Application and Interpretation. This Agreement is in furtherance of the City's public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as Standard Agreement for Contract Services 2017 06 01.01 Page 8 of 10 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. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Non-Discrimination. During the performance of this Agreement, the 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. 25. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Agreement if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 26. Rights and Remedies. The duties and obligations imposed by this Agreement and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 27. Services Not Provided For. No claim for services furnished by the Contractor not specifically provided for herein shall be honored by the City. 28. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 29. Statutory Provisions. Standard Agreement for Contract Services 2017 06 01.01 Page 9 of 10 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. 30. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager CONTRACTOR By: Its: Standard Agreement for Contract Services 2017 06 01.01 Page 10 of 10 RI, EDEN January 22, 2019 PRAIRIE SCOPE OF WORK MANHOLE INFLOW & INFILTRATION REPAIR, ZEBRON CHEMICAL GROUT METHOD The City of Eden Prairie Water Utility, Eden Prairie, MN, hereafter referred to as "City," provides the following scope of work for the repair of four pre-identified sanitary sewer manholes using the Zebron chemical grout lining method. Please direct questions regarding the project to: Rick Wahlen—Manager (952) 294-5908 rwahlen@edenprairie.org Andy Allmann—Utility Field Operations Lead (952) 294-5902 aallmann(a,edenprairi e.org Page 1 City of Eden Prairie Water Utility January 22,2019 SCOPE OF WORK—MANHOLE INFLOW&INFILTRATION REPAIR SCOPE OF WORK The work required of the CONTRACTOR will include the following items: 1. Pre-construction preparation- The work under this section shall include a review of existing plans for each sanitary sewer manhole, inspection of the manhole integrity at each of the four locations, and planning for the removal of spalling or delaminating concrete where found that would create an imperfect bond. If considerable repair is found to be necessary, contractor will advise the City prior to mobilization to allow the City to perform the repairs or designate an alternative manhole. 2. Construction - The work under this section shall include the following: a. The contractor shall supply all labor, material, equipment and supervision of the work required to install Zebron chemical grout in accordance with the manufacturer's installation specifications for the locations already inspected jointly by the contractor and the city near the following addresses: 1) Anderson Lakes Parkway 2) 12000 Anderson Lakes Parkway 3) 10479 Riverview Road 4) 10901 Riverview Road b. The contractor shall perform the following minimum steps: 1) Wash the manhole surfaces with a 5000 psi water stream to ensure the manhole repair substrate is clean, free of debris, and structurally sound. 2) Repair failed or failing concrete as necessary to provide a sound, intact surface onto which the chemical grout will bond. Use foam stop or chemical grout to control water infiltration to effect the repair. 3) Prime all concrete surfaces that will be repaired with 3 to 5 mils of Zebron prime coat, allowing the manufacturer's recommended drying time before applying the chemical grout. 4) Spray apply the Zebron polyurethane to achieve a thickness of 125 mils in one spray application per manufacturer's standards. 5) Spark test the coating application on 100% of the applied coating surface with 12,500 volts to ensure no pinholes exist in the coating which may cause future delamination or peeling. Repair any imperfections discovered through this process following manufacturer's recommended method. c. Mobilization—Contractor will perform the work for this entire project under one mobilization. Should circumstances beyond the control of the contractor, as described in paragraph 5.b. (Compensation for Services) and paragraph 8 (Standard of Care) of Page 2 City of Eden Prairie Water Utility January 22,2019 SCOPE OF WORK—MANHOLE INFLOW&INFILTRATION REPAIR the agreement, the contractor is entitled to an additional $900 per additional mobilization if approved in advance by the City. 3. Warranty—Contractor shall provide a warranty for the Zebron coating repair for period of 10 years against coating disbondment, pinholes in the coating, leakage or seepage of water from behind the coating wherever the coating is applied. Degredation of the concrete structure behind the coating within the warranty period shall not covered by the installation warranty. Contractor will provide a certificate of warranty to the city upon completion of the project. Page 3 CITY COUNCIL AGENDA DATE: SECTION: Public Hearing January 22, 2019 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development/Planning Xcel Field Area Network X.A. Janet Jeremiah/Steve Durham Monopole/Antenna(FAN) Requested Action Move to: • Close the Public Hearing; and • Adopt the Resolution for Site Plan Review on 12.61 acres; Synopsis Xcel Energy is requesting a site plan review to construct a 165 feet monopole for the placement of wireless communication equipment. Any tower over 80 feet requires a site plan review at Planning Commission and City Council. The Field Area Network (FAN) is a wireless communication system that will connect Xcel Energy's control center with intelligent, integrated devices that enable remote monitoring and control of the electric grid. The wireless equipment will interact only with Xcel control centers. The Eden Prairie Substation currently houses several towers ranging from 110 feet to 165 feet. A new monopole is required as it is impractical to remove the exiting power lines to accommodate the FAN antenna or perform antenna maintenance requirements on the existing 165' tower. A height of 165' is required to accomplish the program goal. Planning Commission reviewed and approved the Site Plan and tower height variance. Background The 120-Day Review Period Expires on February 12, 2018. Planning Commission Recommendation The Planning Commission voted 8-0 to recommend approval of the project at the December 10, 2018 meeting. The Planning Commission approved, with an 8-0 vote, the variance for tower height at the same meeting. The variance is conditional upon approval of the Site Plan. Attachments 1. Resolution 2. Staff Report 3. Land Use Map 4. Zoning Map 5. Aerial Map 6. Planning Commission Unapproved Minutes December 10, 2018 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2019- A RESOLUTION GRANTING SITE PLAN APPROVAL FOR THE DEVELPOMENT OF A FIELD AREA NETWORK MONOPOLE/ANTENNA BY X-CEL ENERGY WHEREAS, Xcel Energy, has applied for a Site Plan approval to construct a monopole/antenna located at 15280 Technology Drive, Eden Prairie, Minnesota; and WHEREAS, the Planning Commission reviewed said Site Plan application and Variance Application for monopole height at a public hearing at its December 10, 2018 meeting and recommended approval of said Site Plan and approved the height variance conditioned upon approval of the Site Plan; and WHEREAS, the City Council has reviewed said Site Plan application at a public hearing at its January 22, 2019 meeting. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that 1. Xcel Energy,being in Hennepin County, Minnesota, legally described as outlined in Exhibit A, is attached hereto and made a part hereof("Property"). 2. That the City Council does grant site plan approval to Xcel Energy based on the Staff Report dated December 5, 2018 and plans submitted and stamped October 26, 2018. ADOPTED by the City Council of the City of Eden Prairie this 22nd day of January 2019. Ronald A. Case, Mayor ATTEST: Kathleen Porta, City Clerk EXHIBIT A Legal Description: THAT PART OF THE SOUTHWEST 1/4 OF SECTION 11, TOWNSHIP 116,RANGE 22,HENNEPIN COUNTY,MINNESOTA LYING SOUTH OF THE SOUTHERLY RIGHT OF WAY LINE OF NEW STATE HIGHWAY NO. 5 AND NORTHERLY OF THE NORTHERLY RIGGT OF WAY LINE OF OLD STATE HIGHWAY NO. 5,EXCEPT THAT PART LYING EAST OF A LINE DRAWN PARALLEL TO THE 292.45 FEET EAST OF THE WEST LINE OF THE SOUTHEAST 1/4 OF SAID SOUTHWEST 1/4 STAFF REPORT TO: Planning Commission FROM: Steve Durham, Planner II DATE: December 5, 2018 SUBJECT: Xcel Energy Field Area Network(FAN)Monopole/Antenna LOCATION: 12580 Technology Drive, Eden Prairie, MN REQUEST: • Site Plan Review on 12.16 acres • Variance to permit a monopole tower at 165 feet. City Code maximum is 150' BACKGROUND The Comprehensive Guide Plan designation for this property is Industrial. The property is zoned Industrial (I-2.) Xcel Energy is requesting a site plan review on 12.61 acres to construct a 165 feet monopole. The monopole will support the placement of a wireless antenna. There will be ground equipment associated with the antenna at the base of the tower. City Code requires towers over 80 feet in height to be reviewed through Planning Commission and City Council for site plan approval. The FAN project is a wireless communication system that will connect Xcel Energy's control center with intelligent,integrated devices that enable remote monitoring and control of the electric grid.The wireless equipment will interact only with Xcel control centers. The Eden Prairie Substation currently houses several towers ranging from 110 feet to 165 feet.A new monopole is requested,as it is impractical to remove the high voltage power lines to accommodate the FAN antenna on the existing 165' tower. A height of 165' is required to accomplish the goals of the FAN program. SITE PLAN The site plan identifies the location of a165 feet monopole on the NE section of the lot. The new tower will be located within the matrix of existing Xcel towers supporting electric lines as well as ground equipment related to electric use.The tower meets the underlying zoning district setbacks for front and side yard setbacks. TREE LOSS AND GRADING No tree loss or grading is expected. LANDSCAPE PLAN There are no additional landscape requirements, tree replacement or screening required with the proposed development since the project is being incorporated into an existing substation. Staff Report—Xcel Energy Field Area Network(FAN) Monopole/Antenna December 5, 2018 Page 2 LIGHTING No tower lighting is required per Federal Aviation Administration. VARIANCE REVIEW—Variance Request#2018-06 "Practical difficulties" is a legal standard set forth in law that cities must apply when considering applications for variances. It is a three-factor test and applies to all requests for variances. To constitute practical difficulties, all three factors of the test must be satisfied. The three practical difficulties include reasonableness; uniqueness; and essential character of the neighborhood is maintained. Reasonable use of the property- The first factor is the property owner proposes to use the property in a reasonable manner. This factor means that the landowner would like to use the property in a particular reasonable way,but cannot do so under the rules of the ordinance. The landowner proposes to use the property in a manner consistent with the existing land use. The proposed use is consistent with the underlying Comprehensive Guide Plan and underlying zoning. The option to use the existing 165' is not reasonable, as it requires removal of high voltage power lines and power interruption. Future maintenance of the antenna will not interrupt power service. Therefore, a new tower within the existing matrix of tower is a reasonable use. Unique circumstances - The second factor is that the landowner's problem is due to circumstances unique to the property not caused by the landowner. In this variance request the unique circumstance is the City Code has a maximum tower height of 150 feet. Essential character of neighborhood- The third factor is that the variance, if granted, will not alter the essential character of the locality. Under this factor, consider whether the resulting structure will be out of scale, out of place, or otherwise inconsistent with the surrounding area. The proposed tower is consistent with the existing towers on the property and will not be out of place with the existing neighborhood. STAFF RECOMMENDATIONS Recommend approval of the following request: 1. Site Plan Review on 12.61 acres associated with Land Development Application File#2018-24, and subject to approval of Variance Request #2018-06 2. Approve Variance Final Order #2018-06 subject to Site Plan Review on 12.61 acres associated with Land Development Application File#2018-24. 2 Guide Plan Map: Xcel Energy Field Area Network Monopole/Antenna Address: 12580 Technology Drive Eden Prairie, MN 55344 \ —7-______ _ /RAM\ ( diiiii_lj C..) \.Lw .„•,./.. wo.. _ o, *I v. a ___ _. feilt•- a , pMpCiv--} 1" ii ) 1 SITE AREA RAM- • TECHNOLOGY 0.0 V / A 1 ake !diem,' d '''''''"--11-il""/----...-:'*''" „.. ,,,,, AA F re- /% di,FiriZ /4 , , i Alf City of Eden Prairie Land Use Guide Plan Map 2000-2030 Rural Residential 0.10 Units/Acre Neighborhood Commercial N Low Density Residential 0-2.5 Units/Acre Fel Community Commercial Streams 17.7 Low Density/Public/Open Space - Regional Commercial -Principal Arterial -A Minor Arterial - Medium Density residential 2.5-10 Units/Acre ®Town Center '•i . $ +;. ,t -B Minor Arterial DATE Approved 03-19-03 DATE Revised 12-06-06 nMedium Density Residential/Office - Park/Open Space —Major Collector DATE Revised 01-07-05 DATE Revised 03-01-07 DATE Revised -23-06 DATE Revised 0-01-07 E D E N I High Density Residential 10-40 Units/Acre Public/Quasi-Public DATE Revised 02-23-06 DATE Revised 10-01-07 Minor Collect or DATE Revised 03-23-06 DATE Revised 03-01-08 nAirport Golf Course DATE Revised 06-23-06 DATE Revised 03-01-09 Office - Church/Cemetary PRAIRIE Y// Office/Industrial Open Water EIVE•WORK•DREAM M 2 Office/Public/Open Space Right—Of—Way 750 375 O ogamm�Me mo1.m_o.„®o�..o.a, o ..o..750 Feet - Industrial Q CityLimits Zoning Map - Xcel Energy Field Area Network Monopole/Antenna Address: 12580 TechnologyDrivie INpIPP[- \ 7 Eden Prairie, MN 55344 4. ......, _....,,, ..,,,,,,,„. ......,...._ 4., ....... �o� ®� N.* / L't.7 A.;Pi,r.-.,................ •4 4. ,,,, 1, /(.... . I ,ic 4 .4\ ) I EP • Q ., a • s _\i, SITE iv AREA ThillikillIIINomm TECHNOLOGY illitir iii,......„:„..,,,, 'IN .�o 4: , 1,4.iimig �� 4.°'111411101111 III rr trill City of Eden Prairie Zoning Map =Rural -C-Reg-Ser Regional Service Commercial R1-44 One Family-44,000 sf.min. -C-Reg Regional Commercial Shoreland Management Classifications N -R1-22 One Family-22,000 sf min. -TC-C Town Center Commercial I NE I Natural Environment Waters I I R1-13.5 One Family-13,500 sf min. -TC-R Town Center Residential I RD I Recreational Development Waters RE R1-9.5 One Family-9,500 sf min. -TC-MU Town Center Mixed Use I GD I General Development Waters(Creeks Only) 1 1 ,f. t -RM-6.5 Multi-Family-6.7 U.P.A.max. -1-2 Industrial Park-2 Acre Min, ® 100- Year Floodplain -RM-2.5 Multi-Family-17.4 U.P.A.max.-15 Industrial Park-5 Acre Min. EDEN r A A-OFC Airport Office -I-Gen General Industrial-5 Acre Min. Up dated through approved Ordinances#26-2008 OFC Office -PUB Public Ordinance#33-2001(BFI Addition)approved,but not shown on this map edition PRAIRIE I_..N-Com Neighborhood Commercial GC Golf Course Date:March 1,2009 In case of discrepancy related to a zoning classification on this zoning map,the ordinance 41 V E•W•R K•OR E A M -C-Com Community Commercial I Water and attached legal description on file at Eden Paine Ciry Center will prevail. -C-Hwy Highway Commercial I Right of Way -A-C Airport Commercial DCityLimits 0 0.125 0.25 Miles .wau_...m..,=._..®.1%.o.a.,a ..o...ia..m ,..,,mo, Aerial Map: Xcel Energy Field Area Network Monopole/Anetenna Address: 12580 Technology Drive Eden Prairie, Minnesota 55344 • - ,460,. ..,. 0....,Vie LI ' ,-: .7.,.%iv' ,\:14tsi...:7 y 1. Plaza Drive r • - � _ -, Lyv, ', ,' _ •ram_N:- - 1 - L _ YI 1 SIP 4 } *--,----� . '1 --t-AI. mi i _ Technology Drive .*, .�" y } 4 .1:\4 T !,I , rrPrairie Center Drive ' - ' 1 4 ' • - {,'N " , . . 1 . - - i ' I .' L, -P L!' °citi..1.4f:.--- i::(ii-t-i:.; ‘ f07.7:-'-. ..'a'- : ' . \ 1 4014111H - ,.. '`''''6,e1 il. U. • . , 1164).44,410 '*' � 1'4.44 zi UNAPPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY,DECEMBER 12, 2018 7:00 PM—CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: John Kirk, Charles Weber, Ann Higgins, Andrew Pieper, Ed Farr, Mark Freiberg, Michael DeSanctis, Christopher Villarreal, Carole Mette CITY STAFF: Julie Klima, City Planner Matthew Bourne, Manager of Parks and Natural Resources; Kristin Harley, Recording Secretary A. CALL THE MEETING TO ORDER Chair Pieper called the meeting to order at 7:00 p.m. Farr was absent. B. PLEDGE OF ALLEGIANCE—ROLL CALL C. APPROVAL OF AGENDA MOTION: Kirk moved, seconded by Weber to approve the agenda. MOTION CARRIED 8-0. D. MINUTES MOTION: DeSanctis moved, seconded by Higgins to approve the minutes of November 19, 2018. MOTION CARRIED 8-0. E. INFORMATIONAL MEETINGS F. PUBLIC MEETINGS G. PUBLIC HEARINGS A. X-CEL FIELD AREA NETWORK(FAN)MONOPOLE/ANTENNA INSTALLATION SITE PLAN (2018-24)AND VARIANCE #2018-05 Location: 12580 Technology Drive Request for: • Site Plan Review on 12.16 acres • Variance to permit a monopole tower at 165 feet. City Code maximum is 150 feet. PLANNING COMMISSION MINUTES December 10, 2018 Page 2 Chris Rogers, Principal Land Rights Agent at Excel Energy displayed a PowerPoint and explained the application. It proposed creating a Field Area Network(FAN) to allow the substation to communicate wirelessly with Xcel's customers. Rogers introduced Chris Searles, FAN Planning Engineer, explained the configuration of the network served by the monopole. Rogers added Xcel's customers will have smart meters installed, allowing the proposed tower to monitor usage, outages, etc. via a proprietary language. Searles explained this would allow for a faster bandwidth and quicker response to customers' needs. This was a pilot program to be expanded throughout the Metropolitan Area. DeSanctis asked if Excel anticipated any interruption of cell service in the area, and Searles replied cell service was a different bandwidth. Rogers explained this was a specific network that would not impact others, including cellular. Mette asked if this program would interfere with other emerging smart technologies used in residents' homes. Searles replied this bandwidth was between the frequencies used for those, so there would be no issues or interruptions. This would be part of a larger network including Westgate, Hiawatha West, and Midtown Feeder network hubs and could also feed information to residents' meters and interrogate them. The network would reach the Viking's substation and south toward the Flying Cloud Airport. This monopole would be 165 feet; each substation requires a different height. Higgins asked if this height was at maximum, and Searles replied Xcel had a tower in Colorado at 195 feet, and other towers were even taller, depending on the requirements of the site. Villarreal asked if the towers acted as a"mesh" allowing the others to transmit and receive data in the event one tower did not function. Searles replied this was not the case; however, the technology would allow the signal to find another path to complete itself. This was a situation best avoided. Villarreal asked how far away the monopole would be from the 345 K-B line. Rogers indicated the location of the 345 tower on the overhead view, potentially a couple hundred feet. It would also be more than 25 feet from the line that ran along Highway 5. Klima presented the staff report. Xcel Energy was requesting a site plan review to construct a new monopole, as it would be impractical to remove the high voltage power lines to accommodate the FAN antenna on the existing 165 feet tower. A height of 165 feet was required to accomplish the program goal. Pieper asked if Klima knew where the original code requirement of 150 feet came from. Klima replied staff conducted research and found back when the City was establishing height requirements staff looked at as to how other communities addressed this question, and the City opted for the 150 foot as it was within the range found (150-160 feet). There was at least one other tower in Eden Prairie that had a height variance. PLANNING COMMISSION MINUTES December 10, 2018 Page 3 Mette asked the heights of the other towers shown in the presentation. Searles replied those were 10-12 feet high at most. DeSanctis noted the FAA did not require lighting on top of the tower, yet it was in proximity to Flying Cloud Airport, and asked if Xcel anticipated any line of sight concerns. Searles replied Xcel had worked closely with the FCC which communicated with the FAA, and there were no concerns as the tower was in no local flight path. Rogers noted there was a letter in the commissioners' packets explaining no need for lighting. MOTION: Higgins moved, seconded by Freiberg to close the public hearing. MOTION CARRIED 8-0. MOTION: Villarreal moved, seconded by Kirk to recommend approval of the Site Plan Review on 12.16 acres based on the information contained in the December 5, 2018 staff report and plans stamp dated October 26, 2018. MOTION CARRIED 8-0. MOTION: Kirk moved, seconded by Villarreal to approve Variance#2018-06 to permit a monopole tower at 165 feet based on the information contained in the December 5, 2018 staff report and plans stamp dated October 26, 2018. MOTION CARRIED 8-0. H. PLANNERS' REPORT Klima presented discussion items from the 2019 Planning Commission Work Plan: charter statement, roles and responsibilities, and goals for each quarter. First quarter identified Aspire 2040 implementation strategies; the second quarter identified code amendments and the Parks zoning district needed to align current policies with the Aspire 2040 Plan; the third and fourth quarters identified further code amendments and policy clean-up needed, as well as a training curriculum for Planning Commission members beyond the current conflict-of-interest curriculum, incorporating current commissioners' recommendations and a greater understanding of roles and responsibilities. Villarreal noted ventilation requirements forbade unique dining experiences such as the Korean Barbeque, and asked where were the opportunities to find creative solutions that follow code yet did not stifle unique cultural experiences. Klima replied this was a question more about the building codes than the zoning regulations. This would be out of scope for chapters 11 and 12 but she could have a conversation with the building officials. Villarreal emphasized again the planning for electric vehicles charging, such as DC fast-charging, and urged an effort to identify optimal locations for these. Klima replied staff could reach out to the point people in the organizations involved in this effort and explore possibilities. MOTION: Villarreal moved, seconded by DeSantis to approve the 2019 Planning Commission Work Plan. MOTION CARRIED 8-0. PLANNING COMMISSION MINUTES December 10, 2018 Page 4 I. MEMBERS' REPORTS Pieper thanked Freiberg, newly elected to the City Council, for his service. Freiberg thanked the Planning Commission for its hard work. J. CONTINUING BUSINESS K. NEW BUSINESS L. ADJOURNMENT MOTION: Freiberg moved, seconded by Kirk and Weber simultaneously to adjourn the meeting. MOTION CARRIED 8-0. Chair Pieper adjourned the meeting at 7:33 p.m. CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims January 22, 2019 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Sue Kotchevar, Office of the Payment of Claims XI. City Manager/Finance Requested Action Move to: Approve the Payment of Claims as submitted(roll call vote) Synopsis Checks 265181 - 265517 Wire Transfers 1021660 - 1021765 Wire Transfers 6908 — 6937 Purchasing Card 6908 City of Eden Prairie Council Check Summary 1/22/2019 Division Amount Division Amount General 19,636 304 Senior Board 267 100 City Manager 5,608 308 E-911 1,290 101 Legislative 1,596 315 Economic Development 172,145 110 City Clerk 6,192 502 Park Development 1,173 111 Customer Service 5,156 509 CIP Fund 4,749 112 Human Resources 30 512 CIP Trails 80,738 113 Communications 6,948 522 Improvement Projects 2006 13,115 114 Benefits&Training 3,358 532 EP Road Connect Flying Cloud 21,993 131 Finance 291 538 SingleTree Lane South 3,784 132 Housing and Community Services 27,343 802 494 Commuter Services 22,925 133 Planning 90 803 Escrow Fund 7,690 136 Public Safety Communications 3,924 804 100 Year History 61 137 Economic Development -3,320 Total Capital Projects Fund 329,930 138 Community Development Admin. 165 150 Park Administration 8,136 601 Prairie Village Liquor 94,404 151 Park Maintenance 9,777 602 Den Road Liquor 202,873 153 Organized Athletics 244 603 Prairie View Liquor 115,029 154 Community Center 48,194 605 Den Road Building 195 156 Youth Programs 7,328 701 Water Enterprise Fund 128,159 158 Senior Center 6,855 702 Wastewater Enterprise Fund 409,384 160 Therapeutic Recreation 1,486 703 Stormwater Enterprise Fund 13,154 162 Arts 666 Total Enterprise Fund 963,198 163 Outdoor Center 523 168 Arts Center 1,433 806 SAC Agency Fund 7,455 180 Police 24,064 807 Benefits Fund 498,269 184 Fire 45,330 812 Fleet Internal Service 42,770 186 Inspections 1,502 813 IT Internal Service 42,094 200 Engineering 2,592 814 Facilities Capital ISF 74,218 201 Street Maintenance 10,021 815 Facilites Operating ISF 18,894 202 Street Lighting 171 816 Facilites City Center ISF 77,369 Total General Fund 245,337 817 Facilites Comm.Center ISF 54,666 Total Internal Svc/Agency Funds 815,736 301 CDBG 13,586 303 Cemetary Operation 196 Report Total 3,476,700 Total Special Revenue Fund 13,782 435 2008B G.O.Improvement Bonds 3,433 439 G.O.Refunding Bonds 2011C 735,518 441 2012A G.O.Refunding Bonds 88,228 442 2012B G.O.Refund Capital Imp 281,203 448 2016A GO BONDS-WEST 70TH ST. 333 Total Debt Service Fund 1,108,715 City of Eden Prairie Council Check Register by GL 1/22/2019 Check# Amount Supplier/Explanation Account Description Business Unit Comments 6925 1,104,949 WELLS FARGO BANK MINNESOTA NA Interest 2012B GO Refund Capital Improv Bond Payments 265357 371,799 METROPOLITAN COUNCIL ENVIRONMENTAL SERVI MCES User Fee Wasterwater Collection Fee January 2019 6934 257,269 ULTIMATE SOFTWARE GROUP,THE Federal Taxes Withheld Health and Benefits Payroll taxes PR ending 01.04.19 6932 167,659 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA PR ending 12.21.18 265435 160,826 GLOBAL SPECIALTY CONTRACTORS,INC Improvement Contracts Economic Development Fund Entry Monument Sign 494Niking I 265479 77,983 PETERSON COMPANIES Other Contracted Services CIP Trails 265331 74,218 FRANK J ZAMBONI&CO INC Other Contracted Services Facilities Capital 6908 61,373 USB-PURCHASING CARD Other Revenue Water Metering 265448 41,868 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store 265349 39,484 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store 1021764 31,755 XCEL ENERGY Electric Street Lighting 1021699 31,547 SRF CONSULTING GROUP INC Design&Engineering EP Rd Connect to Flying Cloud 1021681 30,213 ADVANCED ENGINEERING&ENVIRONMENTAL SE Equipment Repair&Maint Water Capital 1021740 27,790 DIVERSE BUILDING MAINTENANCE Janitor Service Prairie Village Liquor Store 265497 27,418 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store 265287 26,105 ABM ONSITE SERVICES-MIDWEST Tenant 1-Janitor Service Utility Operations-General 6936 24,225 EMPOWER Deferred Compensation Health and Benefits 1021738 24,193 CENTERPOINT ENERGY Gas Den Road Liquor Store 265485 22,681 PROP Other Contracted Services Housing and Community Service 1021689 22,324 JEFFERSON FIRE&SAFETY INC Small Tools Fire 6935 21,005 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits 265405 19,715 BREAKTHRU BEVERAGE MINNESOTA WINE&SPIR Liquor Product Received Prairie View Liquor Store 265304 19,631 BREAKTHRU BEVERAGE MINNESOTA WINE&SPIR Liquor Product Received Prairie View Liquor Store 265481 19,322 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store 265446 18,846 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Den Road Liquor Store 1021700 18,353 ST CROIX ENVIRONMENTAL INC OCS-Well Field Mgmt Water Supply(Wells) 1021741 18,133 ELECTRIC PUMP Equipment Repair&Maint Wastewater Lift Station 6930 17,949 NCR MERCHANT SOLUTIONS Bank and Service Charges Prairie View Liquor Store 265356 17,425 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating 1021683 16,760 CENTERPOINT ENERGY Gas General Community Center 265303 16,125 BREAKTHRU BEVERAGE MINNESOTA BEER LLC Liquor Product Received Den Road Liquor Store 265404 16,016 BREAKTHRU BEVERAGE MINNESOTA BEER LLC Liquor Product Received Prairie View Liquor Store 265373 15,009 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store 265366 14,644 PRAIRIEVIEW RETAIL LLC Building Rental Prairie View Liquor Store 265351 14,568 KODIAK CUSTOM LETTERING INC Clothing&Uniforms Community Center Admin 1021686 14,031 HANSEN THORP PELLINEN OLSON Design&Engineering Park Maintenance 265407 13,039 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store 265510 12,060 VERIZON WIRELESS Cell/Pager Plans IT Operating 265365 11,533 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store 265355 11,396 MACQUEEN EQUIPMENT INC Equipment Parts Wasterwater Collection 265348 11,159 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Den Road Liquor Store 1021756 10,954 STREICHERS Clothing&Uniforms Police 6931 10,842 I-494 CORRIDOR COMMISSION Deposits 494 Corridor Commission 6922 10,070 FURTHER-AKA SELECT HSA-Employee Health and Benefits 265307 9,431 CAPITOL BEVERAGE SALES LP Liquor Product Received Den Road Liquor Store Check# Amount Supplier/Explanation Account Description Business Unit Comments 265431 9,384 FIRE SAFETY USA INC Equipment Repair&Maint Fire 265443 9,171 HP INC Software Maintenance IT Operating 1021753 9,125 SENIOR COMMUNITY SERVICES Other Contracted Services Housing and Community Service 265437 8,930 GRAYMONT Treatment Chemicals Water Treatment 265334 8,848 GRAYMONT Treatment Chemicals Water Treatment 265454 8,776 MACQUEEN EQUIPMENT INC Equipment Parts Stormwater Collection 6915 8,752 CARD CONNECT Bank and Service Charges Community Center Admin 1021732 8,010 2ND WIND EXERCISE Capital Under$25,000 Fitness Center 6918 7,930 FURTHER-AKA SELECT FSA-Dependent Care Health and Benefits 1021690 7,918 LOGIS Software Maintenance IT Operating 265320 7,902 DSO ARCHITECTURE INC Design&Engineering Planning&Development 1021682 7,740 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store 1021704 7,400 WALL TRENDS INC Contract Svcs-General Bldg Pool Maintenance 265459 7,380 METROPOLITAN COUNCIL Other Revenue SAC Agency Fund 1021731 7,005 WSB&ASSOCIATES INC Design&Engineering Park Acquisition&Development 1021692 6,990 METRO SALES INCORPORATED* Hardware-R&M IT Operating 265490 6,500 RIGHTLINE DESIGN LLC Other Contracted Services Communications 1021685 6,480 GRAYBAR Equipment Repair&Maint Traffic Signals 1021696 6,404 PRAIRIE ELECTRIC COMPANY Contract Svcs-HVAC Fleet Operating 265298 6,380 BLOOMINGTON HEATING&AIR Accounts Receivable TIF-Eden Shores Senior Housing 265507 6,223 TRI STATE PUMP&CONTROL Contract Svcs-Plumbing City Center-CAM 265428 6,151 ENCORE CONSIGNMENT BOUTIQUE Deposits Escrow 265385 5,710 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store 265478 5,321 PAUSTIS&SONS COMPANY Liquor Product Received Prairie View Liquor Store 265514 5,213 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store 6917 5,125 FURTHER-AKA SELECT HRA Health and Benefits 265398 5,023 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store 265386 5,019 PROP Deposits Den Road Liquor Store 1021735 5,000 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store 265472 4,869 MUELLER CO Repair&Maint.Supplies Water Metering 265333 4,806 GRAPE BEGINNINGS Liquor Product Received Den Road Liquor Store 1021744 4,791 INTERSTATE POWER SYSTEMS INC Equipment Repair&Maint Water Supply(Wells) 6914 4,785 SAGE PAYMENT SOLUTIONS Bank and Service Charges Wastewater Accounting 1021706 4,460 XCEL ENERGY Electric Prairie Village Liquor Store 1021695 4,270 POMP'S TIRE SERVICE INC Tires Fleet Operating 265395 4,000 AMO ENTERPRISE LLC Training Supply-Weekly Fire 265439 4,000 HENNEPIN COUNTY OCS-Studies Stormwater Non-Capital 265390 3,984 ACCOUNTEMPS Deposits 494 Corridor Commission 265342 3,900 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store 265364 3,899 PAUSTIS&SONS COMPANY Liquor Product Received Den Road Liquor Store 265457 3,822 MEDICINE LAKE TOURS Special Event Fees Trips 265496 3,750 SOUTHDALE YMCA YOUTH DEVELOPMENT PROGRAM Other Contracted Services Housing and Community Service 265292 3,733 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store 265441 3,707 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store 265408 3,625 CARVER COUNTY LICENSE CENTER Autos Fleet-Fire 6926 3,582 AMERICAN EXPRESS Bank and Service Charges Inspections-Administration 265368 3,511 REVOLUTIONARY SPORTS,LLC Instructor Service Preschool Events 1021678 3,391 VINOCOPIA Liquor Product Received Den Road Liquor Store 265382 3,383 TYLER TECHNOLOGIES INC Software IT Operating 265469 3,250 MOVEFWD INC Other Contracted Services Housing and Community Service Check# Amount Supplier/Explanation Account Description Business Unit Comments 1021729 3,154 VAN PAPER COMPANY Cleaning Supplies Fire Station#4 265475 3,150 OFFICE TEAM Deposits 494 Corridor Commission 1021688 3,113 JASPER ENGINEERING&EQUIPMENT COMPANY Equipment Parts Water Treatment 265498 3,103 SPEEDPRO IMAGING INC Operating Supplies Ice Operations 265499 3,100 SPRINGSTED INCORPORATED Other Contracted Services 2009BG.O.Equipment Cert. 265488 3,069 RENOVATION SYSTEMS INC Other Contracted Services Garden Room Repairs 265425 3,019 DPC INDUSTRIES INC Treatment Chemicals Water Treatment 1021677 3,008 VAN PAPER COMPANY Cleaning Supplies Fitness/Conference-Cmty Ctr 265444 2,990 IMPACT PROVEN SOLUTIONS Other Contracted Services Water Accounting 265473 2,835 NAC Contract Svcs-HVAC City Center-CAM 265484 2,808 PRINT SOURCE MINNESOTA Advertising Prairie Village Liquor Store 265409 2,725 CENTURYLINK Fiber Lease Payments City Center-CAM 265424 2,574 DOMACE VINO Liquor Product Received Prairie View Liquor Store 265400 2,551 BERNICK'S WINE Liquor Product Received Prairie View Liquor Store 1021680 2,534 WSB&ASSOCIATES INC Design&Engineering Improvement Projects 2006 265297 2,531 BERNICK'S WINE Liquor Product Received Den Road Liquor Store 265341 2,418 HENNEPIN COUNTY TREASURER Postage Elections 265397 2,388 ARCHIVESOCIAL Software IT Operating 265347 2,290 INNOVATIVE GRAPHICS Operating Supplies Safety Camp 265462 2,166 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Customer Service 265338 2,143 HENNEPIN COUNTY TREASURER Printing Elections 1021746 1,998 JEFFERSON FIRE&SAFETY INC Repair&Maint.Supplies Fire 265427 1,960 EMPLOYER SOLUTIONS STAFFING Deposits 494 Corridor Commission 265330 1,931 FLEET MAINTENANCE INC Equipment Repair&Maint Fleet Operating 1021666 1,918 FASTENAL COMPANY Equipment Parts Fleet Operating 1021763 1,913 WINE COMPANY,THE Liquor Product Received Prairie View Liquor Store 265418 1,881 CORE&MAIN Equipment Parts Water Distribution 265332 1,879 GENERAL OFFICE PRODUCTS COMPANY Supplies-General Bldg Pool Maintenance 265335 1,783 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Den Road Liquor Store 1021743 1,775 GRAINGER Cleaning Supplies Miller Park 265354 1,705 M&A EXECUTIVE SEARCH LLC Conference/Training Fire 1021705 1,669 WINE COMPANY,THE Liquor Product Received Den Road Liquor Store 1021730 1,653 VINOCOPIA Liquor Product Received Prairie View Liquor Store 6911 1,653 US BANK-CREDIT CARD MERCHANT ONLY Bank and Service Charges Finance 265328 1,638 FIRE SAFETY USA INC Equipment Repair&Maint Fleet Operating 265323 1,620 EHLERS&ASSOCIATES INC Other Contracted Services TIF-Heights at Valley View 265501 1,526 STERLING FENCE INC Equipment Repair&Maint Fleet Operating 6916 1,524 FIDELITY SECURITY LIFE INSURANCE CO Accounts Receivable Health and Benefits 1021761 1,445 WALL TRENDS INC Other Contracted Services Garden Room Repairs 265384 1,400 WARNING LITES Contracted Striping Traffic Signs 265504 1,390 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions 1021719 1,368 GUNNAR ELECTRIC CO INC Other Contracted Services Staring Lake 6921 1,353 FURTHER-AKA SELECT FSA-Dependent Care Health and Benefits 265517 1,330 YORKTOWN OFFICES Deposits 494 Corridor Commission 265311 1,327 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie Village Liquor Store 1021708 1,299 ADAMS PEST CONTROL INC Contract Svcs-Pest Control Fitness/Conference-Cmty Ctr 1021745 1,283 JASPER ENGINEERING&EQUIPMENT COMPANY Equipment Parts Water Treatment 265319 1,276 DOMACE VINO Liquor Product Received Den Road Liquor Store 265455 1,259 MARS SUPPLY Operating Supplies Fleet Operating 265456 1,250 MEALS ON WHEELS Other Contracted Services Housing and Community Service Check# Amount Supplier/Explanation Account Description Business Unit Comments 1021737 1,247 CDW GOVERNMENT INC. Software Maintenance IT Operating 265294 1,240 AT YOUTH PROGRAMS LLC Instructor Service Tennis 265322 1,226 EDINA,CITY OF Printing Therapeutic Rec Admin 1021749 1,194 MENARDS Supplies-General Bldg Park Maintenance 1021694 1,110 PARLEY LAKE WINERY Liquor Product Received Den Road Liquor Store 265429 1,037 ERICKSON ENGINEERING COMPANY LLC Design&Engineering Engineering 1021747 1,027 KIDCREATE STUDIO Instructor Service Arts Center 265512 1,000 WELLS FARGO BANK MINNESOTA NA Paying Agent Water Capital 265290 975 AMERICAN RED CROSS Other Contracted Services Pool Operations 265288 941 AIRGAS USA LLC Supplies-Pool Pool Maintenance 265410 917 CENTURYLINK Telephone IT Operating 265511 900 VERIZON WIRELESS-VSAT Other Contracted Services Police 265505 883 TALKPOINT TECHNOLOGIES INC Equipment Repair&Maint E-911 Program 265465 868 MINTAHOE INC Miscellaneous Internal Events 1021750 846 PARLEY LAKE WINERY Liquor Product Received Prairie View Liquor Store 265361 835 MODIST BREWING COMPANY Liquor Product Received Den Road Liquor Store 1021664 785 CLAREY'S SAFETY EQUIPMENT Maintenance Contracts Emergency Preparedness 265353 777 LUPULIN BREWING COMPANY Liquor Product Received Den Road Liquor Store 265506 750 TREEHOUSE Other Contracted Services Housing and Community Service 1021762 746 WATSON CO INC,THE Merchandise for Resale Concessions 265339 742 HENNEPIN COUNTY TREASURER Other Contracted Services Elections 265461 737 MINNESOTA CHIEFS OF POLICE ASSOC Tuition Reimbursement/School General Fund 1021760 710 VISTAR CORPORATION Merchandise for Resale Concessions 1021697 706 SCHWAB VOLLHABER LUBRATT SERVICE CORO Supplies-HVAC City Center-CAM 265415 703 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store 265447 703 JOHN HENRY FOSTER MINNESOTA INC Maintenance Contracts Water Treatment 265301 700 BOUND TREE MEDICAL LLC EMS Supplies-EMS Supplies Fire 265317 699 DEALER AUTOMOTIVE SERVICES INC Equipment Parts Fleet Operating 265359 693 MINNESOTA PUMP WORKS Equipment Repair&Maint Wastewater Lift Station 6933 674 ULTIMATE SOFTWARE GROUP,THE Garnishment Withheld Health and Benefits 265326 674 EPHS Open Fees Ice Operations 1021723 660 ONE CALL NOW Other Contracted Services Snow&Ice Control 265327 650 FARRELL ANNA Outside Water Sales Escrow 265438 624 GREAT LAKES COCA-COLA DISTRIBUTION Merchandise for Resale Concessions 265509 621 TWIN CITIES DOTS AND POP LLC Merchandise for Resale Concessions 1021758 619 ULINE Office Supplies Police 265482 608 PRESSWRITE PRINTING INC Deposits 494 Corridor Commission 1021710 602 BERRY COFFEE COMPANY Merchandise for Resale Concessions 1021687 591 HORIZON COMMERCIAL POOL SUPPLY Supplies-Pool Pool Maintenance 265296 590 BARNUM GATE SERVICES INC Equipment Repair&Maint Utility Operations-General 265489 590 RETROFIT COMPANIES,INC,THE Supplies-Electrical City Center-CAM 6920 590 FURTHER-AKA SELECT FSA-Medical Health and Benefits 265422 578 DEPARTMENT OF HUMAN SERVICES Other Contracted Services Park Maintenance 265445 577 INDEED BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store 1021679 568 WILSON,JOHN D. Clothing&Uniforms Police 265378 563 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 1021748 558 LANDS END CORPORATE SALES Clothing&Uniforms Police 265394 550 AMK RESEARCH SERVICES,LLC Other Contracted Services Senior Center Programs 265213 549 KAFLEY SUVASH AR Utility Water Enterprise Fund 1021698 544 SHI CORP Video&Photo Supplies IT Operating Check# Amount Supplier/Explanation Account Description Business Unit Comments 1021676 543 THE OASIS GROUP Employee Assistance Organizational Services 1021669 541 METROPOLITAN FORD Equipment Parts Fleet Operating 265370 533 ROOTSTOCK WINE COMPANY Liquor Product Received Den Road Liquor Store 265344 524 INBOUND BREW CO Liquor Product Received Den Road Liquor Store 1021715 513 CUSTOM HOSE TECH Equipment Parts Fleet Operating 265345 496 INDEED BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store 265419 494 CORPORATE TECHNOLOGIES Deposits 494 Corridor Commission 265337 490 HEALTHPARTNERS Employment Support Test Organizational Services 265204 484 HAGEMEYER RANDAL AR Utility Water Enterprise Fund 265495 475 SOUTH METRO PUBLIC SAFETY TRAINING FACIL Tuition Reimbursement/School Police 1021726 462 SCHMIDT,MATT Clothing&Uniforms Police 265389 461 PETTY CASH-POLICE DEPT Operating Supplies General Fund 265494 461 SMALL LOT MN Liquor Product Received Den Road Liquor Store 6909 459 FURTHER-AKA SELECT FSA-Medical Health and Benefits 6910 455 PMA FINANCIAL NETWORK INC Bank and Service Charges Wastewater Accounting 265232 448 MCKENNA DAVID AR Utility Water Enterprise Fund 265453 444 LUPULIN BREWING COMPANY Liquor Product Received Prairie View Liquor Store 265241 442 OSTERGAARD,ERIC AR Utility Water Enterprise Fund 1021739 439 DAIKIN APPLIED Contract Svcs-HVAC City Center-CAM 265291 432 AQUA LOGIC INC Supplies-Pool Pool Maintenance 265401 432 BLACK STACK BREWING INC Liquor Product Received Prairie View Liquor Store 265403 431 BOURGET IMPORTS Liquor Product Received Den Road Liquor Store 265305 426 BTR OF MINNESOTA Equipment Parts Fleet Operating 265350 424 JOHNSTONE SUPPLY Supplies-HVAC City Center-CAM 1021734 413 ASPEN EQUIPMENT CO. Equipment Parts Fleet Operating 265308 409 CENTURYLINK Telephone IT Operating 265310 391 CINTAS CORPORATION Safety Supplies Community Center Admin 1021752 379 REINDERS INC Supplies-Snow Removal Fitness/Conference-Cmty Ctr 265197 378 ERNST ERIC AR Utility Water Enterprise Fund 265258 375 SHIELY BRENT AR Utility Water Enterprise Fund 1021765 368 ZIEGLER INC Equipment Parts Fleet Operating 265228 361 LYONS,TERRY AR Utility Water Enterprise Fund 6924 356 SAGE PAYMENT SOLUTIONS Bank and Service Charges Wastewater Accounting 265316 356 CONTINENTAL SAFETY EQUIPMENT Repair&Maint-Ice Rink Ice Arena Maintenance 265325 350 ENVIRONMENTAL INITIATIVE Dues&Subscriptions Utility Operations-General 1021718 345 GREATAMERICA FINANCIAL SVCS Postage Customer Service 265380 340 TR ENVIRONMENTAL CONSULTING LLC Fire Prevention Supplies Fire 265477 336 PAPCO INC Janitor Service Fitness/Conference-Cmty Ctr 265411 328 CHANKASKA CREEK RANCH&WINERY,LLC Liquor Product Received Den Road Liquor Store 265426 317 E A SWEEN COMPANY Merchandise for Resale Concessions 265396 315 ANDERBERG INNOVATIVE PRINT SOLUTIONS INC Printing Police 265486 309 QUALITY REFRIGERATION Equipment Repair&Maint Concessions 1021733 307 A-SCAPE INC Contract Svcs-Snow Removal Building 51 1021673 305 R&R SPECIALTIES OF WISCONSIN INC Repair&Maint-Ice Rink Ice Arena Maintenance 265450 300 LOAD'EM UP TRAILERS RENTAL AND SALES Other Contracted Services Elections 1021661 289 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Prairie Village Liquor Store 265500 284 STAPLES ADVANTAGE Office Supplies Customer Service 265468 276 MODIST BREWING COMPANY Liquor Product Received Den Road Liquor Store 265183 275 ANDERSON DENNIS AR Utility Water Enterprise Fund 265464 275 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Traffic Signals Check# Amount Supplier/Explanation Account Description Business Unit Comments 1021672 273 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 265318 267 DELUXE Operating Supplies Den Road Liquor Store 265362 266 OLSEN'S EMBROIDERY/COMPANY Clothing&Uniforms Park Maintenance 265432 262 FLYING CLOUD TRANSFER STATION 4553 Waste Disposal Park Maintenance 1021684 262 GRAINGER Supplies-Fire/Life/Safety Miller Park 265503 259 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 1021665 253 CONCRETE CUTTING AND CORING Landscape Materials/Supp Street Maintenance 265381 250 TWIN CITY GATE Equipment Repair&Maint Fleet Operating 265467 250 MOCIC Dues&Subscriptions Police 265346 243 INDOFF INCORPORATED Office Supplies Customer Service 265198 242 FARIDI MOHAMMAD AR Utility Water Enterprise Fund 265375 240 STAPLES ADVANTAGE Office Supplies Utility Operations-General 1021727 239 SHAMROCK GROUP,INC-ACE ICE Liquor Product Received Prairie View Liquor Store 1021709 239 AMERIPRIDE LINEN&APPAREL SERVICES Deposits Prairie View Liquor Store 265374 236 SOUTHWEST NEWS MEDIA Legal Notices Publishing City Clerk 265309 234 CINTAS Operating Supplies Park Maintenance 265471 234 MRPA Conference/Training Parks Administration 265253 234 RING STEVE AR Utility Water Enterprise Fund 265281 225 WOZNIAK BREANN AR Utility Water Enterprise Fund 265324 223 EMERGENCY AUTOMOTIVE TECHNOLOGY INC Equipment Parts Fleet Operating 265352 220 LAKE COUNTRY DOOR LLC Equipment Repair&Maint Utility Operations-General 265196 217 ENTERPRISE RS LLC AR Utility Water Enterprise Fund 265299 217 BLOOMINGTON SECURITY SOLUTIONS Equipment Repair&Maint Utility Operations-General 265487 216 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Prairie View Liquor Store 265430 210 FBINAA Dues&Subscriptions Police 265282 207 YEP CHRISTOPHER AR Utility Water Enterprise Fund 265260 205 SLP PROPERTIES LLC AR Utility Water Enterprise Fund 265442 204 HOME DEPOT CREDIT SERVICES Supplies-Plumbing City Center-CAM 1021668 204 IRMITER,JESSE Clothing&Uniforms Police 265388 200 PETTY CASH Operating Supplies General Fund 265466 200 MNIAI Dues&Subscriptions Police 1021713 200 CLAREY'S SAFETY EQUIPMENT Equipment Testing/Cert. Emergency Preparedness 265201 198 GALLAHER RICHIE AR Utility Water Enterprise Fund 1021714 198 CONCRETE CUTTING AND CORING Landscape Materials/Supp Street Maintenance 265363 196 OUTDOOR ENVIRONMENTS INC Other Contracted Services Pleasant Hill Cemetery 1021707 194 ZIEGLER INC Equipment Parts Fleet Operating 1021717 192 FASTENAL COMPANY Repair&Maint.Supplies Fleet Operating 1021757 186 TOWMASTER INC Equipment Parts Fleet Operating 265493 185 SIWEK LUMBER&MILLWORK INC Equipment Parts Stormwater Collection 265483 184 PRINCIPAL FINANCIAL GROUP Deposits 494 Corridor Commission 265393 182 ALTERNATIVE BUSINESS FURNITURE INC Contract Svcs-General Bldg City Hall(City Cost) 6928 181 OPTUM HEALTH Other Contracted Services Health and Benefits 265379 181 SUMMIT COMPANIES Contract Svcs-Fire/Life/Safe Garden Room Repairs 265414 180 CITY OF SAINT PAUL Tuition Reimbursement/School Police 265371 177 SHAKOPEE BREWHALL Liquor Product Received Den Road Liquor Store 265360 175 MINT CONDITION DETAILING INC Equipment Repair&Maint Fleet Operating 265259 175 SIMPSON LORI AR Utility Water Enterprise Fund 265194 170 ECKSTAM RON AR Utility Water Enterprise Fund 265433 166 FUN EXPRESS Operating Supplies Stormwater Non-Capital 1021751 166 PRAIRIE ELECTRIC COMPANY Training Supplies Police Check# Amount Supplier/Explanation Account Description Business Unit Comments 1021691 166 MENARDS Operating Supplies Water Treatment 265249 165 POIRIER DERRICK AR Utility Water Enterprise Fund 265451 165 LOMPIAN WINES LLC Liquor Product Received Prairie Village Liquor Store 265240 164 OGDAHL STEVEN AR Utility Water Enterprise Fund 1021755 162 SPRINT Deposits 494 Corridor Commission 265275 161 VOLKER,JANET AR Utility Water Enterprise Fund 265377 160 STEEL TOE BREWING LLC Liquor Product Received Den Road Liquor Store 265434 157 GARELICK STEEL CO INC Equipment Parts Fleet Operating 265223 156 LARSEN JOHN AR Utility Water Enterprise Fund 265188 155 CISNEROS ANTONIO AR Utility Water Enterprise Fund 265286 150 ABLE SEEDHOUSE AND BREWERY Liquor Product Received Den Road Liquor Store 265412 150 CHEF MARSHALL O'BRIEN GROUP Health&Fitness Fire 265214 148 KALIAMOORTHI SARAVANAN AR Utility Water Enterprise Fund 1021716 148 EICHMAN,NATHAN Canine Supplies Police 265185 147 BORK JAMES AR Utility Water Enterprise Fund 265271 145 THONE BRIAN AR Utility Water Enterprise Fund 265406 144 CANNON RIVER WINERY Liquor Product Received Den Road Liquor Store 265263 135 STADEM STEVE AR Utility Water Enterprise Fund 1021720 134 KALLIGHER,ANDREA Mileage&Parking Community Center Admin 265336 128 HAGERT CASEY Mileage&Parking Youth Programs Admin 265492 126 SHRED RIGHT Waste Disposal City Hall(City Cost) 265387 125 PETTY CASH Operating Supplies Senior Center Admin 1021660 125 ADAMS PEST CONTROL INC Maintenance Contracts Utility Operations-General 265192 121 DORSEN PETER AR Utility Water Enterprise Fund 265474 119 OFFICE OF MN IT SERVICES Other Contracted Services Police 265268 116 TAYLOR MARK AR Utility Water Enterprise Fund 265343 116 HOTSY MINNESOTA Equipment Parts Fleet Operating 265392 115 ALTEC INDUSTRIES INC Equipment Parts Fleet Operating 265480 114 PETSMART Canine Supplies Police 265231 114 MCDANIEL CHARLENE AR Utility Water Enterprise Fund 265399 114 ASPEN MILLS Clothing&Uniforms Fire 265226 110 LEE STEVE AR Utility Water Enterprise Fund 265244 109 PEDERSEN ANDERS AR Utility Water Enterprise Fund 265417 108 COMCAST Deposits 494 Corridor Commission 265220 107 KUMMER JAMESON AR Utility Water Enterprise Fund 265219 106 KRAEMER KENNETH AR Utility Water Enterprise Fund 265436 104 GRAPE BEGINNINGS Liquor Product Received Den Road Liquor Store 265367 102 RETROFIT COMPANIES,INC,THE Supplies-Electrical City Center-CAM 265195 100 ELLINGSON LUTHER AR Utility Water Enterprise Fund 265264 100 STALEY KRISTA AR Utility Water Enterprise Fund 265190 100 DESOUZA JOANNA AR Utility Water Enterprise Fund 265302 98 BOURGET IMPORTS Liquor Product Received Prairie Village Liquor Store 265274 98 VERNOIA LYNNETTE AR Utility Water Enterprise Fund 265515 97 WINSUPPLY EDEN PRAIRIE MN CO Repair&Maint. Supplies Miller Park 6929 95 FURTHER-AKA SELECT HRA Health and Benefits 1021667 95 GREENSIDE INC Contract Svcs-Snow Removal City Center-CAM 265256 94 SELMAN BRAD AR Utility Water Enterprise Fund 265491 94 ROOTSTOCK WINE COMPANY Liquor Product Received Prairie Village Liquor Store 265247 93 PETERSON GORDON AR Utility Water Enterprise Fund 265181 93 AINLEY JODY AR Utility Water Enterprise Fund Check# Amount Supplier/Explanation Account Description Business Unit Comments 265200 93 FRANK THEODORE AR Utility Water Enterprise Fund 265383 92 VERIZON WIRELESS Cell/Pager Plans E-911 Program 265262 92 STACEY BILL AR Utility Water Enterprise Fund 265215 89 KNAPP SHERYL AR Utility Water Enterprise Fund 265210 88 ISAACS TINA AR Utility Water Enterprise Fund 265227 87 LOFLAND GERRY AR Utility Water Enterprise Fund 265314 86 COMCAST Internet IT Operating 1021711 86 BUSINESS ESSENTIALS Office Supplies Utility Operations-General 265257 85 SEMENOVA ZHANNA AR Utility Water Enterprise Fund 1021674 85 SHAMROCK GROUP,INC-ACE ICE Liquor Product Received Prairie Village Liquor Store 1021670 83 MPX GROUP,THE Printing Fire 1021701 83 STAR TRIBUNE MEDIA COMPANY LLC Dues&Subscriptions Utility Operations-General 265234 81 MOORE KIM AR Utility Water Enterprise Fund 6919 77 FURTHER-AKA SELECT FSA-Medical Health and Benefits 265206 74 HEASER PEGGY AR Utility Water Enterprise Fund 6937 73 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits 265423 72 DODGE OF BURNSVILLE Equipment Parts Fleet Operating 1021736 72 CAWLEY COMPANY,THE Office Supplies City Council 1021693 71 OSI BATTERIES INC Office Supplies Police 265189 71 DEBOISE ELIZABETH AR Utility Water Enterprise Fund 1021728 71 STAAF,CARTER Clothing&Uniforms Police 265513 70 WILLYERD SARAH Tuition Reimbursement/School Fitness Classes 265191 68 DHAMODHARAN SANTHOSH AR Utility Water Enterprise Fund 1021722 68 MYERS,THERESA Tuition Reimbursement/School Fitness Classes 265502 66 STORMS WELDING&MFG INC. Repair&Maint.Supplies Stormwater Collection 265321 66 EDEN PRAIRIE COMMUNITY EDUCATION Building Rental Community Band 265221 65 LAFONTAINE DOUG AR Utility Water Enterprise Fund 265300 63 BLUE TARP FINANCIAL INC Equipment Repair&Maint Street Maintenance 265216 61 KNAPP WILLIAM AR Utility Water Enterprise Fund 6913 61 SAGE PAYMENT SOLUTIONS Bank and Service Charges Historical Culture 1021742 58 GINA MARIAS INC Operating Supplies Reserves 265340 56 HENNEPIN COUNTY TREASURER Office Supplies Elections 265313 53 COMCAST Internet IT Operating 265421 52 CULLIGAN BOTTLED WATER Deposits 494 Corridor Commission 265229 50 MADHUIZEN PETER AR Utility Water Enterprise Fund 265358 50 MIDWEST ART FAIRS Advertising Arts in the Park 265470 50 MPPOA Dues&Subscriptions Police 265516 50 WMCA Conference/Training City Clerk 265205 49 HALL PATRICK AR Utility Water Enterprise Fund 1021662 48 BOHNSACK,SUE Mileage&Parking Senior Center Admin 265463 47 MINNESOTA TROPHIES&GIFTS Operating Supplies Police 265315 45 COMCAST Cable TV Fire 265211 45 JACKSON MARY AR Utility Water Enterprise Fund 265285 45 ZETAH,JEANNE AR Utility Water Enterprise Fund 1021702 41 ULINE Waste Disposal City Hall(City Cost) 265199 40 FOURTH PROPERTIES AR Utility Water Enterprise Fund 265187 40 BURGOD JUSTIN AR Utility Water Enterprise Fund 265261 39 SMITH PETE AR Utility Water Enterprise Fund 265452 39 LUBE-TECH&PARTNERS LLC Equipment Parts Fleet Operating 265369 39 ROCKEY,JOSH Mileage&Parking Senior Center Admin Check# Amount Supplier/Explanation Account Description Business Unit Comments 265508 37 TUCKER DOUG Mileage&Parking Athletic Programs Admin 265222 37 LARREA LUIS AR Utility Water Enterprise Fund 265235 37 MOWER TRACY AR Utility Water Enterprise Fund 1021703 36 UPS Postage Human Resources 265236 35 NEVERDAHL,MARION AR Utility Water Enterprise Fund 1021721 34 MUNOZ,MEGAN Mileage&Parking Fitness Admin. 265252 34 RAMPHAL BRUCE AR Utility Water Enterprise Fund 265245 34 PERDUE CHRIS AR Utility Water Enterprise Fund 1021725 33 RAHIMI,RENEE Tuition Reimbursement/School Fitness Classes 265440 32 HENNEPIN COUNTY TREASURER Waste Disposal Park Maintenance 265476 32 OPHOVEN SAW SERVICE Equipment Repair&Maint Senior Center Programs 265212 30 JOHNSON,COLLEEN AR Utility Water Enterprise Fund 265458 30 MEREDITH KATE Deposits 494 Corridor Commission 265184 30 BHUSHAN NIKHIL AR Utility Water Enterprise Fund 265243 29 PAUL CHRISTIAN AR Utility Water Enterprise Fund 265283 29 YOUNG ALISON AR Utility Water Enterprise Fund 265255 29 SCHWARTZ RONALD AR Utility Water Enterprise Fund 1021754 28 SPRINT Cell/Pager Plans IT Operating 265239 27 OCKER ALEXIS AR Utility Water Enterprise Fund 265224 27 LATTERELL DAVID AR Utility Water Enterprise Fund 265312 27 COMCAST Other Contracted Services Police 1021712 27 CARLSTON,BRANDON Clothing&Uniforms Police 265246 27 PERRIGE MICHELLE AR Utility Water Enterprise Fund 265242 26 PADILLA ALBERTO AR Utility Water Enterprise Fund 265267 26 STOEGER TIM AR Utility Water Enterprise Fund 265280 26 WHITE JEAN AR Utility Water Enterprise Fund 1021675 26 TEKIELA,STAN Operating Supplies Outdoor Center 265449 25 LEAGUE OF MINNESOTA CITIES Dues&Subscriptions Human Resources 265460 25 MINNESOTA CHAPTER IAAI Dues&Subscriptions Police 265266 25 STILLER JAMES AR Utility Water Enterprise Fund 1021663 24 BOLD,PAULINE Operating Supplies Outdoor Center 1021724 24 QUALITY PROPANE Equipment Parts Fleet Operating 265218 22 KOZAR CHARLENE AR Utility Water Enterprise Fund 265233 21 MCMILLAN SHANDRA AR Utility Water Enterprise Fund 265413 20 CHRIS CASTLE INC Deposits 494 Corridor Commission 265420 20 CUB FOODS EDEN PRAIRIE Employee Award Organizational Services 265237 20 NOACK PATRICK AR Utility Water Enterprise Fund 265209 20 HURTIC,JASMIN AR Utility Water Enterprise Fund 265250 18 PORTER SHAUN AR Utility Water Enterprise Fund 265306 18 CALO,WALDO Operating Supplies Outdoor Center 265276 18 WARD DEBRA AR Utility Water Enterprise Fund 265238 17 OBRIEN CRISTIN AR Utility Water Enterprise Fund 265193 17 DUNCAN MATT AR Utility Water Enterprise Fund 265265 17 STEVES FORREST AR Utility Water Enterprise Fund 265402 17 BMO HARRIS BANK N.A Other Contracted Services Police 265230 17 MASON STACIA AR Utility Water Enterprise Fund 265251 17 QIU LI AR Utility Water Enterprise Fund 265182 16 ANDERSON DARN AR Utility Water Enterprise Fund 265186 16 BOTTOMLY DAVID AR Utility Water Enterprise Fund 265208 16 HIGGINS JOHN AR Utility Water Enterprise Fund Check# Amount Supplier/Explanation Account Description Business Unit Comments 265254 16 RUSSELL AARON AR Utility Water Enterprise Fund 265329 15 FLECK JAMIE Operating Supplies Outdoor Center 265295 12 BACAL,AGNIESZKA Operating Supplies Outdoor Center 265273 11 TOMASSEN DUNCAN AR Utility Water Enterprise Fund 265284 11 YOUNG,NANCY AR Utility Water Enterprise Fund 265376 11 STATE OF MINNESOTA Licenses,Taxes,Fees Fleet Operating 1021759 11 UPS Postage Planning 265202 10 GUTMANIS ZINAIDA AR Utility Water Enterprise Fund 265225 10 LEE STELLA AR Utility Water Enterprise Fund 265372 10 SHEPPARD ELIZABETH Operating Supplies Outdoor Center 265217 9 KOSHENINA NICK AR Utility Water Enterprise Fund 265269 8 THARALDSON STEVEN AR Utility Water Enterprise Fund 265289 8 ALTEC INDUSTRIES INC Equipment Parts Fleet Operating 265277 7 WELCH BROCK AR Utility Water Enterprise Fund 265207 7 HEILING NORMAN AR Utility Water Enterprise Fund 265293 7 ASPEN MILLS Clothing&Uniforms Fire 265416 7 COMCAST Cable TV Fire 265270 7 THOMPSON DUSTIN AR Utility Water Enterprise Fund 265278 6 WELCH MARY AR Utility Water Enterprise Fund 265391 6 ACTIVE 911 INC Dues&Subscriptions Police 265272 6 TITUS BENJAMIN AR Utility Water Enterprise Fund 265279 6 WHEELER SANDRA AR Utility Water Enterprise Fund 265248 5 PETERSON-KREMER KAREN AR Utility Water Enterprise Fund 265203 5 HAAKE,DEB AR Utility Water Enterprise Fund 6923 1 SAGE PAYMENT SOLUTIONS Bank and Service Charges Historical Culture 3,476,700 Grand Total 3r City of Eden Prairie Purchasing Card Payment Report 1/22/2019 Amount Account Description Business Unit 7,715 Building Surcharge General Fund 2,701 Equipment Repair&Maint Public Safety Communications 2,051 Prepaid Expenses General Fund 1,733 Employee Award Internal Events 1,475 EMS Supplies Fire 1,311 Conference/Training Community Center Admin 1,293 Travel Expense Administration 1,261 Training Supplies Police 1,223 Equipment Repair&Maint Public Safety Communications 1,215 Prepaid Expenses General Fund 1,091 Tuition Reimbursement/School Fire 1,000 Travel Expense City Council 915 Mechanical Surcharge General Fund 900 Prepaid Expenses Water Enterprise Fund 871 Plumbing Surcharge General Fund 860 Operating Supplies Fire 853 Employee Award Internal Events 828 Operating Supplies Police 806 Special Event Fees Senior Center Programs 780 Prepaid Expenses Water Enterprise Fund 766 Tuition Reimbursement/School Fire 721 Prepaid Expenses General Fund 713 Operating Supplies Pool Operations 700 Tuition Reimbursement/School Police 690 Operating Supplies Reserves 684 Miscellaneous Internal Events 680 Office Supplies Police 636 Special Event Fees Trips 629 Travel Expense Fire 623 Training Supplies Police 610 Dues& Subscriptions Fire 595 Prepaid Expenses General Fund 595 Prepaid Expenses General Fund 588 Repair&Maint. Supplies Water Treatment 538 Other Contracted Services Community Center Admin 512 Licenses, Taxes,Fees Fitness Classes 460 Prepaid Expenses Water Enterprise Fund 450 Prepaid Expenses General Fund 450 Prepaid Expenses General Fund 390 Conference/Training Utility Operations-General 387 Prepaid Expenses General Fund 383 Bank and Service Charges Den Road Liquor Store 370 Repair&Maint. Supplies Water Treatment 361 Equipment Parts Fleet Operating 334 Dues& Subscriptions Communications 320 Miscellaneous Organizational Services 315 Prepaid Expenses General Fund 311 Repair&Maint. Supplies Building 51 305 Prepaid Expenses General Fund 305 Operating Supplies Tree Removal 303 Operating Supplies Arts Amount Account Description Business Unit 270 Deposits Escrow 265 Operating Supplies Fire 261 Capital Under$25,000 Fitness Classes 260 Prepaid Expenses General Fund 260 Operating Supplies New Adaptive 257 Operating Supplies Senior Center Admin 255 Capital Under$25,000 Fitness Classes 250 Deposits Escrow 250 Prepaid Expenses General Fund 245 Conference/Training Pool Operations 244 Operating Supplies Senior Center Admin 242 Bank and Service Charges Prairie View Liquor Store 240 Prepaid Expenses Water Enterprise Fund 237 Operating Supplies Day Care 234 Operating Supplies Police 232 Conference/Training Facilities Staff 228 Small Tools Facilities Staff 220 Employee Award Organizational Services 213 Repair&Maint. Supplies Water Metering 210 Repair&Maint. Supplies Water Metering 208 Operating Supplies Fire 203 Miscellaneous City Council 203 Small Tools Traffic Signals 202 Operating Supplies Arts 200 Prepaid Expenses General Fund 196 Operating Supplies Park Maintenance 195 Conference/Training Pool Lessons 190 Prepaid Expenses General Fund 187 Operating Supplies Community Center Admin 181 Operating Supplies Senior Board 177 Deposits Escrow 177 Miscellaneous City Council 175 Prepaid Expenses General Fund 173 Bank and Service Charges Prairie Village Liquor Store 167 Office Supplies Police 165 Operating Supplies Basketball 160 Operating Supplies Special Events&Trips 159 Prepaid Expenses IT Operating 155 Operating Supplies Police 151 Operating Supplies Engineering 150 Operating Supplies Police 150 Prepaid Expenses General Fund 150 Equipment Repair&Maint Park Maintenance 150 Merchandise for Resale Concessions 149 Conference/Training Community Development Admin. 149 Computers IT Operating 147 Operating Supplies Arts Center 140 Operating Supplies Police 130 Training Supplies Police 130 Conference/Training Park Maintenance 129 Prepaid Expenses General Fund 129 Prepaid Expenses General Fund 125 Employment Advertising Organizational Services 122 Miscellaneous Elections 121 Operating Supplies Round Lake Amount Account Description Business Unit 121 Miscellaneous Elections 120 Operating Supplies Police 119 Dues& Subscriptions Communications 119 Office Supplies Police 118 Repair&Maint. Supplies Fitness/Conference-Cmty Ctr 115 Computers IT Operating 115 Prepaid Expenses General Fund 115 Small Tools Outdoor Center 111 Equipment Parts Fleet Operating 110 Repair&Maint. Supplies Wastewater Lift Station 110 Prepaid Expenses General Fund 108 Repair&Maint. Supplies Water Treatment 102 Operating Supplies Police 100 Prepaid Expenses General Fund 100 Computers IT Operating 100 Office Supplies Police 99 Repair&Maint. Supplies Water Metering 99 Conference/Training Street Maintenance 94 Operating Supplies Ice Operations 91 Tuition Reimbursement/School Police 89 Operating Supplies Fire 86 Deposits Escrow 85 Prepaid Expenses General Fund 85 Prepaid Expenses General Fund 82 Repair&Maint. Supplies Wasterwater Collection 81 Tuition Reimbursement/School Police 81 Conference/Training Housing and Community Service 80 Operating Supplies Fire 79 Prepaid Expenses General Fund 79 Prepaid Expenses General Fund 79 Prepaid Expenses General Fund 79 Prepaid Expenses General Fund 79 Software/Hardware Maint. IT Operating 76 Operating Supplies Senior Center Admin 75 Tuition Reimbursement/School Police 75 Prepaid Expenses General Fund 75 Prepaid Expenses General Fund 75 Prepaid Expenses General Fund 75 Prepaid Expenses General Fund 75 Prepaid Expenses General Fund 74 Training Supplies Community Center Admin 73 Computers IT Operating 73 Training Supplies Police 73 Tuition Reimbursement/School Police 72 Operating Supplies Outdoor Center 71 Operating Supplies Park Maintenance 70 Operating Supplies Round Lake 70 Merchandise for Resale Concessions 70 Travel Expense Administration 69 Operating Supplies Internal Events 68 Training Supplies Community Center Admin 68 Repair&Maint. Supplies Wastewater Lift Station 67 Postage Utility Operations-General 67 Special Event Fees Red Hat 66 Travel Expense City Council Amount Account Description Business Unit 65 Operating Supplies Senior Board 65 Equipment Repair&Maint E-911 Program 65 Operating Supplies Police 64 Special Event Fees Senior Center Programs 64 Travel Expense City Council 63 Travel Expense Fire 62 Operating Supplies Ice Operations 59 Operating Supplies Outdoor Center 59 Tuition Reimbursement/School Police 58 Training Supplies Den Road Liquor Store 56 Operating Supplies Outdoor Center 55 Operating Supplies Arts Center 54 Process Control Equipment IT Operating 53 Operating Supplies Tree Removal 53 Operating Supplies Park Maintenance 50 Operating Supplies IT Operating 50 Prepaid Expenses General Fund 50 Prepaid Expenses General Fund 50 Operating Supplies IT Operating 50 Computers IT Operating 48 Repair&Maint. Supplies Wastewater Lift Station 48 Operating Supplies Fire 48 Conference/Training Planning 48 Operating Supplies Park Maintenance 47 Merchandise for Resale Concessions 46 Operating Supplies Tree Removal 46 Motor Fuels Fleet Operating 45 Conference/Training Arts 44 Operating Supplies Fire 44 Office Supplies Police 43 Operating Supplies Gymnasium(CC) 43 Operating Supplies Staring Lake 40 Operating Supplies Gymnasium(CC) 40 Operating Supplies IT Operating 40 Operating Supplies IT Operating 39 Merchandise for Resale Concessions 39 Office Supplies Fire 38 Repair&Maint. Supplies Water Treatment 38 Small Tools Wasterwater Collection 37 Office Supplies Customer Service 37 Office Supplies Fire 36 Operating Supplies Arts Center 36 Equipment Repair&Maint Police 34 Merchandise for Resale Concessions 34 Operating Supplies Arts Center 34 Operating Supplies Day Care 32 Operating Supplies IT Operating 31 Merchandise for Resale Concessions 31 Operating Supplies Volleyball 31 Merchandise for Resale Concessions 30 Computers IT Operating 30 Tuition Reimbursement/School Police 30 Merchandise for Resale Concessions 30 Merchandise for Resale Concessions 29 Operating Supplies Internal Events Amount Account Description Business Unit 29 Other Contracted Services Fire 29 Repair&Maint. Supplies Fire 28 Licenses, Taxes,Fees Park Maintenance 28 Process Control Equipment IT Operating 28 Operating Supplies Fit Kids Club 28 Operating Supplies IT Operating 27 Miscellaneous IT Operating 26 Tuition Reimbursement/School Police 26 Office Supplies Police 25 Tuition Reimbursement/School Police 25 Tuition Reimbursement/School Police 25 Prepaid Expenses General Fund 25 Conference/Training Finance 25 Other Contracted Services Organizational Services 25 Operating Supplies Outdoor Center 24 Office Supplies Utility Operations -General 24 Training Supplies Police 23 Operating Supplies Outdoor Center 23 Office Supplies Fire 22 Merchandise for Resale Concessions 22 Operating Supplies Outdoor Center 20 Repair&Maint. Supplies Wasterwater Collection 20 Dues& Subscriptions Fire 20 Software/Hardware Maint. IT Operating 20 Merchandise for Resale Concessions 20 Equipment Parts Fleet Operating 19 Operating Supplies Senior Center Admin 19 Advertising Prairie Village Liquor Store 19 Advertising Den Road Liquor Store 19 Advertising Prairie View Liquor Store 19 Operating Supplies Fitness Classes 18 Operating Supplies Den Road Liquor Store 18 Operating Supplies Senior Center Admin 18 Merchandise for Resale Concessions 18 Merchandise for Resale Concessions 18 Repair&Maint. Supplies Water Distribution 18 Small Tools Park Maintenance 17 Operating Supplies Community Center Admin 17 Operating Supplies Park Maintenance 17 Bank and Service Charges Customer Service 16 Operating Supplies Fire 16 Operating Supplies Pool Operations 16 Operating Supplies Senior Center Admin 16 Cleaning Supplies Utility Operations-General 16 Mileage&Parking Community Development Admin. 16 Merchandise for Resale Concessions 16 Employee Award Organizational Services 16 Merchandise for Resale Concessions 15 Bank and Service Charges Community Center Admin 15 Bank and Service Charges Community Center Admin 14 Operating Supplies Reserves 14 Miscellaneous City Council 14 Operating Supplies Outdoor Center 14 Advertising Communications 14 Merchandise for Resale Concessions Amount Account Description Business Unit 13 Operating Supplies Senior Center Programs 13 Computers IT Operating 11 Operating Supplies Park Maintenance 11 Merchandise for Resale Concessions 11 Operating Supplies Arts Center 11 Operating Supplies Fire 11 Operating Supplies Park Maintenance 10 Repair&Maint. Supplies Purgatory Creek Park 10 Repair&Maint. Supplies Wasterwater Collection 10 Training Supplies Prairie Village Liquor Store 10 Training Supplies Den Road Liquor Store 10 Training Supplies Prairie View Liquor Store 10 Repair&Maint. Supplies Water Metering 10 Merchandise for Resale Concessions 10 Operating Supplies Softball 9 Operating Supplies Senior Board 9 Operating Supplies Prairie Village Liquor Store 9 Operating Supplies Prairie View Liquor Store 9 Office Supplies Police 8 Operating Supplies Community Center Admin 8 Tuition Reimbursement/School Police 7 Merchandise for Resale Concessions 7 Merchandise for Resale Concessions 7 Mileage&Parking Housing and Community Service 6 Miscellaneous IT Operating 6 Conference/Training Housing and Community Service 5 Operating Supplies Wine Club/Events 5 Dues& Subscriptions Fire 5 Miscellaneous Elections 5 Operating Supplies Community Center Admin 3 Operating Supplies Outdoor Center 3 Merchandise for Resale Concessions -6 Fire Prevention Supplies Fire -10 Operating Supplies Round Lake -11 Operating Supplies Engineering -17 Operating Supplies Senior Board -19 Video&Photo Supplies Communications -28 Operating Supplies IT Operating -51 Operating Supplies Round Lake -115 Prepaid Expenses Water Enterprise Fund -177 Deposits Escrow -190 Other Revenue General Fund -250 Tuition Reimbursement/School Police -3,613 Other Revenue General Fund 61,373 Report Total CITY COUNCIL AGENDA DATE: SECTION: Appointments January 22, 2019 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Office of City Manager Appoint Commissioners to the Eden Prairie XIV.A. Housing and Redevelopment Authority Requested Action Move to: Adopt the resolution appointing City Council Members to serve as Commissioners for the Eden Prairie Housing and Redevelopment Authority; and appointing Ron Case as Chair; Rick Getschow as Executive Director and Council Member Nelson as Secretary for calendar year 2019. Synopsis This appointment requires approval on an annual basis. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2019- A RESOLUTION APPOINTING COMMISSIONERS TO THE EDEN PRAIRIE HOUSING AND REDEVELOPMENT AUTHORITY WHEREAS,the Mayor has the authority to appoint the members of the Eden Prairie Housing and Redevelopment Authority(HRA); and WHEREAS,the Mayor has appointed the members of the Eden Prairie City Council, to-wit: Brad Aho, Kathy Nelson, Mark Freiberg, PG Narayanan and Ron Case, to serve as the commissioners of the Eden Prairie HRA for terms of office concurrent with their terms as members of the Council; and WHEREAS,the Commissioners of the Housing and Redevelopment Authority in and for the City of Eden Prairie (HRA)have authority to make appointments. NOW THEREFORE, BE IT RESOLVED,that the City Council affirms the appointments made for the terms set forth above and hereby appoints Ron Case as Chair; Rick Getschow as Executive Director and Council Member Nelson as Secretary of calendar year 2019. ADOPTED,by the City Council of the City of Eden Prairie, on this 22nd day of January 2019. Ronald A. Case, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Appointments January 22, 2019 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Office of the City Manager Designate Director and Alternate Director to XIV.B. the Suburban Rate Authority Requested Action Move to: Adopt Resolution designating as the Director and as the Alternate Director to the Suburban Rate Authority. Synopsis This resolution requires approval on an annual basis. Public Works Director Robert Ellis served as the Director and Council Member Ron Case served as the alternate to the Suburban Rate Authority in 2018. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2019- A RESOLUTION DESIGNATING DIRECTOR AND ALTERNATE DIRECTOR TO THE SUBURBAN RATE AUTHORITY BE IT RESOLVED,that the City Council of the City of Eden Prairie hereby designates as the Director and as the Alternate Director of the Suburban Rate Authority for 2019. ADOPTED,by the City Council of the City of Eden Prairie, on this 22nd day of January 2019. Ronald A. Case, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Appointments January 22, 2019 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Office of the City Manager Appointment to the National League of Cities XIV.C. Requested Action Move to: Approve appointment of Mayor Ron Case as Delegate and Council Members as Alternates to the National League of Cities. Synopsis This appointment is approved on an annual basis. CITY COUNCIL AGENDA DATE: SECTION: Appointments January 22, 2019 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Office of the City Manager Appointment to the Municipal Legislative XIV.D. Commission Requested Action Move to: Approve appointment of Mayor Case to the Municipal Legislative Commission. Synopsis This appointment is approved on an annual basis. CITY COUNCIL AGENDA DATE: SECTION: Appointments January 22, 2019 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Office of the City Manager Appointment to the Southwest Cable XIV.E. Commission Requested Action Move to: Approve appointment of to the Southwest Cable Commission. Synopsis This appointment is approved on an annual basis. Council Member Nelson has served on the Southwest Cable Commission since 2015. CITY COUNCIL AGENDA DATE: SECTION: Appointments January 22, 2019 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Office of the City Manager Appointment to the I-494 Corridor Commission XIV.F. Requested Action Move to: Approve appointment of to the 1-494 Corridor Commission. Synopsis This appointment is approved on an annual basis. Council Member Aho has served on the I-494 Corridor Commission since 2005. CITY COUNCIL AGENDA DATE: SECTION: Appointments January 22, 2019 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Jay Lotthammer Appointment of Assistant Weed Inspector XIV.G. Parks and Recreation Director Requested Action Move to: Appoint Jacob Busiahn as Assistant Weed Inspector for the City of Eden Prairie. Synopsis Each year the City of Eden Prairie is requested to appoint an Assistant Weed Inspector for the City under the requirements of Minnesota Statutes, Chapter 18.80 and 18.81. The responsibility of the Assistant Weed Inspector is to enforce the local and state weed ordinances Under State Statute, the Mayor is the City Weed Inspector and appointment of an Assistant Weed Inspector thereby relieves the Mayor or City Council of those duties as required by Minnesota State Statute. Jeff Cordes performed this inspection work for several years until his retirement. Jacob Busiahn is now the City's current Forestry Technician in the Parks and Recreation Department. CITY COUNCIL AGENDA DATE: SECTION: Appointments January 22, 2019 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Office of the City Manager Appointments to the Fire Relief Association XIV.H. Requested Action Move to: Adopt the resolution appointing and to the Eden Prairie Fire Relief Association. Synopsis Minnesota Statute states that three municipal trustees are to be appointed to the fire relief association. They must be: • One elected municipal official and one elected or appointed municipal official who are designated as municipal representatives by the municipal governing board annually • The chief of the municipal fire department Council Member Ron Case and Finance Manager Sue Kotchevar have served on the Fire Relief Association from 2013-2018. The appointment of the Fire Chief is automatic according to statute. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2019- A RESOLUTION APPOINTING MEMBERS TO THE EDEN PRAIRIE FIRE RELIEF ASSOCIATION BOARD WHEREAS, MN Statutes 424A. 04 provides for three municipal representatives on the Fire Relief Association Board of Trustees; and WHEREAS, the three municipal trustees must be one elected municipal official and one elected or appointed municipal official who are designated as municipal representatives by the municipal governing board annually and the chief of the municipal fire department. NOW THEREFORE, BE IT RESOLVED,that the City Council appoints and to serve on the Eden Prairie Fire Relief Association Board of Trustees for 2019. ADOPTED,by the City Council of the City of Eden Prairie, on the 22nd day of January 2019. Ronald A. Case, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Appointments January 22, 2019 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Administration Appointment to the Southwest Transit XIV.I. Commission Requested Action Move to: Appoint to the Southwest Transit Board as the Eden Prairie Appointed Representative for a two-year term to end December 31, 2020. Synopsis It is necessary for the City Council to appoint an Appointed Representative for a two-year term to end on December 31, 2020. Previous Mayor Tyra-Lukens held this position through 2018. Council Member Aho is also serving as the Eden Prairie Representative until December 31, 2019. CITY COUNCIL AGENDA DATE: SECTION: Report of Public Works Director January 22, 2019 DEPARTMENT/DIVISION: ITEM DESCRIPTION: #17-5994 ITEM NO.: Carter Schulze and#17-5995 Approve Plans and XV.E.1. Specifications and Order Advertisement Public Works/Engineering for Bids for Singletree Lane Streetscape Improvements Requested Action Move to: Approve plans and specifications and ordering advertisement for bids for Singletree Lane Streetscape Improvements. Synopsis With the assistance of WSB &Associates, the Engineering Division has prepared a set of plans and specifications for Singletree Lane North Streetscape Improvements (I.C. 17-5995) and Singletree Lane South Streetscape Improvements (I.C. 17-5994), herein referred to as Singletree Lane Streetscape Improvements. Both projects are located between Prairie Center Drive and Eden Road. Construction of the projects is expected to take place in the 2019 construction season. Background Information The Major Center Area Streetscape Master Plan completed in 2009 created a design framework for streetscape improvements within the Eden Prairie's Major Center Area including Singletree Lane. The first phase of the Singletree Lane Streetscape Improvements was constructed in 2010 from Eden Road to Flying Cloud Drive. The Singletree Lane North and South projects will extend that design along Singletree to Prairie Center Drive. The South project will be more extensive and include a wider sidewalk, retaining walls, and median improvements. The north project is mainly street lighting updates that match phase 1 and the south project. No roadway modifications to Singletree Lane are currently proposed with these two projects. Through a Development Agreement executed in 2010, Walmart provided a $535,000 escrow for planned streetscape improvements along their frontage. For accounting purposes, the Singletree Lane South Streetscape Improvements (I.0 17-5994) will be constructed under a separate contract from the North (I.C. 17-5995) so that use of Wal-Mart's escrow can be properly documented as required in the Development Agreement. The Development Agreement also requires use of the escrow by 2020, or it must be returned. Financial Implications The cost estimates for the Singletree Lane North and South Streetscape Improvements are approximately$280,000 and $650,000, respectively. Remaining funding beyond the Walmart escrow include the Capital Maintenance and Reinvestment Fund, the Economic Development Fund and TIF Pooled Redevelopment Funds.