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City Council - 02/19/2019
AGENDA CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY,FEBRUARY 19, 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(5:30) I. HOUSING Open Podium - Council Chamber (6:30) II. OPEN PODIUM III. ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,FEBRUARY 19, 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/COLOR GUARD III. OPEN PODIUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS A. ACCEPT DONATION OF $2,000 FROM LIONS TAP FOR PARKS AND RECREATION SPECIAL EVENTS (Resolution) B. ACCEPT DONATION OF $325 FROM HOME INSTEAD SENIOR CARE FOR EVENTS AT SENIOR CENTER(Resolution) C. ACCEPT DONATION OF $350 FROM OASIS SENIOR ADVISORS FOR VALENTINE'S BREAKFAST AT SENIOR CENTER(Resolution) V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, FEBRUARY 5, 2019 B. CITY COUNCIL MEETING HELD TUESDAY, FEBRUARY 5, 2019 VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. ADOPT RESOLUTION APPROVING FINAL PLAT OF BLUFFS WEST FIFTEENTH ADDITION CITY COUNCIL AGENDA February 19, 2019 Page 2 C. AWARD CONTRACT FOR 2019 STREET SWEEPING TO PEARSON BROTHERS, INC. D. ADOPT RESOLUTION AND FINDINGS DENYING A THERAPEUTIC MASSAGE ENTERPRISE LICENSE TO MIN JIN LLC D/B/A SPANUT WELLNESS CENTER AND MASSAGE THERAPIST LICENSES TO JING AN,BARBIE POMJIE, AND YUN FANG WANG E. ADOPT RESOLUTION APPROVING RAILROAD CROSSING SIGNAL AGREEMENT NO. 18-1 WITH TWIN CITY&WESTERN RAILROAD COMPANY FOR QUIET ZONE PROJECT F. APPROVE LEASE AND SOLAR EASEMENT FOR COMMUNITY SOLAR GARDEN IX. PUBLIC HEARINGS /MEETINGS A. STABLE PATH by Wooddale Builders. Resolution for PUD Concept Review on 5.9 acres; First Reading of an Ordinance for PUD District Review with Waivers and Zoning District Change from Rural to R1-9.5 on 5.9 acres; Resolution for Preliminary Plat on 5.9 acres (Resolution for PUD Concept; Ordinance for PUD District/Zoning Change; Resolution Preliminary Plat) B. GROUND STORAGE WATER RESERVOIR& PUMP STATION by City of Eden Prairie. Resolution for PUD Concept Review on 6.55 acres; First Reading of an ordinance for PUD District Review with Waivers and Zoning District Change to Public on 6.55 acres (Resolution for PUD Concept; Ordinance for PUD District/Zoning Change) C. VACATION OF PART OF THE DRAINAGE AND UTILITY EASEMENTS OVER LOT 1, BLOCK 2,AUGUSTA ADDITION (Resolution) X. PAYMENT OF CLAIMS XI. ORDINANCES AND RESOLUTIONS A. FIRST READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 9, RELATING TO MINNESOTA STATE FIRE CODE AND FIRE ALARM SYSTEMS XII. PETITIONS, REQUESTS,AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS CITY COUNCIL AGENDA February 19, 2019 Page 3 A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT ANNOTATED AGENDA DATE: February 15, 2019 TO: Mayor and City Council FROM: Rick Getschow, City Manager RE: City Council Meeting for Tuesday, February 19, 2019 TUESDAY, FEBRUARY 19, 2019 7:00 PM, COUNCIL CHAMBER I. CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION Open Podium is an opportunity for Eden Prairie residents to address the City Council on issues related to Eden Prairie city government before each Council meeting, typically the first and third Tuesday of each month, from 6:30 to 6:55 p.m. in the Council Chamber. If you wish to speak at Open Podium, please contact the City Manager's Office at 952.949.8412 by noon of the meeting date with your name, phone number, and subject matter. If time permits after scheduled speakers are finished, the Mayor will open the floor to unscheduled speakers. Open Podium is not recorded or televised. If you have questions about Open Podium,please contact the City Manager's Office. IV. PROCLAMATIONS/PRESENTATIONS A. ACCEPT DONATION OF $2,000 FROM LIONS TAP FOR PARKS AND RECREATION SPECIAL EVENTS (Resolution) B. ACCEPT DONATION OF $325 FROM HOME INSTEAD SENIOR CARE FOR EVENTS AT SENIOR CENTER (Resolution) C. ACCEPT DONATION OF $350 FROM OASIS SENIOR ADVISORS FOR VALENTINE'S BREAKFAST AT SENIOR CENTER(Resolution) V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Move to approve the agenda. VI. MINUTES MOTION: Move to approve the following City Council minutes: A. COUNCIL WORKSHOP HELD TUESDAY, FEBRUARY 5, 2019 ANNOTATED AGENDA February 19, 2019 Page 2 B. CITY COUNCIL MEETING HELD TUESDAY, FEBRUARY 5, 2019 VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR MOTION: Move approval of items A-F on the Consent Calendar. A. CLERK'S LICENSE LIST B. ADOPT RESOLUTION APPROVING FINAL PLAT OF BLUFFS WEST FIFTEENTH ADDITION C. AWARD CONTRACT FOR 2019 STREET SWEEPING TO PEARSON BROTHERS, INC. D. ADOPT RESOLUTION AND FINDINGS DENYING A THERAPEUTIC MASSAGE ENTERPRISE LICENSE TO MIN JIN LLC D/B/A SPANUT WELLNESS CENTER AND MASSAGE THERAPIST LICENSES TO JING AN, BARBIE POMJIE, AND YUN FANG WANG E. ADOPT RESOLUTION APPROVING RAILROAD CROSSING SIGNAL AGREEMENT NO. 18-1 WITH TWIN CITY&WESTERN RAILROAD COMPANY FOR QUIET ZONE PROJECT F. APPROVE LEASE AND SOLAR EASEMENT FOR COMMUNITY SOLAR GARDEN IX. PUBLIC HEARINGS/MEETINGS A. STABLE PATH by Wooddale Builders. Resolution for PUD Concept Review on 5.9 acres; First Reading of an Ordinance for PUD District Review with Waivers and Zoning District Change from Rural to R1-9.5 on 5.9 acres; Resolution for Preliminary Plat on 5.9 acres (Resolution for PUD Concept; Ordinance for PUD District/Zoning Change; Resolution Preliminary Plat) Synopsis: Wooddale Builders is requesting approval of a subdivision of a 5.9 acre property into 17 single family lots and 7 outlots. The property is located at 9650 Stable Path, which is just north of Crestwood Park. The project is proposed to include an east/west road extension of Dell Drive to Stable Path. The applicant is proposing villa style homes that offer single level living. The lots range in size from 8,301 square feet to 13, 187 square feet with the smaller lots proposed on the south side of the proposed street. Due to the presence of a gas line easement on the north side of the property, the larger lots are proposed on the north side of the proposed street. ANNOTATED AGENDA February 19, 2019 Page 3 MOTION: Move to: • Close the Public Hearing; and • Adopt a Resolution for Planned Unit Development Concept Review on 5.9 acres; and • Approve the 1st reading of the Ordinance for Planned Unit Development District Review with waivers on 5.9 acres and a Zoning District Change from Rural to R1-9.5 on 5.9 acres; and • Adopt a Resolution for a Preliminary Plat of one lot into 17 lots and 7 outlots on 5.9 acres; and • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions B. GROUND STORAGE WATER RESERVOIR& PUMP STATION by City of Eden Prairie. Resolution for PUD Concept Review on 6.55 acres; First Reading of an ordinance for PUD District Review with Waivers and Zoning District Change to Public on 6.55 acres (Resolution for PUD Concept; Ordinance for PUD District/Zoning Change Synopsis: The City of Eden Prairie is requesting approval to construct a ground storage water reservoir and associated pump house. The property is located between Highway 212 and the Minnesota River Bluffs LRT Regional Trail approximately 1,400 feet east of Eden Prairie Road. The property is former MnDOT right-of-way purchased by the City and encompasses approximately 6.55 acres. The prestressed concrete ground storage reservoir is proposed to be 140- feet in diameter. The proposal will also include a 2,400 square foot pump house and a parking and turn around area for maintenance vehicles. The pump house is designed to resemble the former railroad depot that once stood in this area. The applicant is proposing to zone the property Public. MOTION: Move to: • Close the Public Hearing; and • Adopt a Resolution for a Planned Unit Development Concept Review on 6.55 acres; and • Approve the 1" Reading of the Ordinance for Planned Unit Development District Review with waivers on 6.55 acres and a Zoning District Change to Public on 6.55 acres C. VACATION OF PART OF THE DRAINAGE AND UTILITY EASEMENTS OVER LOT 1, BLOCK 2,AUGUSTA ADDITION (Resolution) Synopsis: The property owners of the lot have requested the vacation of a part of the drainage and utility easements to facilitate the plat of Pioneer Trail Eden Prairie Addition for new building construction. ANNOTATED AGENDA February 19, 2019 Page 4 MOTION: Move to: • Close the public hearing; and • Adopt the resolution vacating the easterly 5.00 feet of Lot 1, Block 2, Augusta Addition, Hennepin County, Minnesota. X. PAYMENT OF CLAIMS MOTION: Move approval of Payment of Claims as submitted (Roll Call Vote). XI. ORDINANCES AND RESOLUTIONS A. FIRST READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 9, RELATING TO MINNESOTA STATE FIRE CODE AND FIRE ALARM SYSTEMS Synopsis: Under state law, the Minnesota State Fire Code ("MSFC"), which incorporates the International Fire Code ("IFC"), is applicable throughout the state. State law allows cities, however, to adopt ordinances or regulations which specify requirements equal to, in addition to, or more stringent than the requirements of the MSFC that are directly related to the safeguarding of life and property from the hazards of fire. The current City Code Section 9.05 expressly adopts the 2015 MSFC (which incorporates the 2012 IFC) as the Fire Code of the City and prescribes certain amendments and additional regulations as allowed by state law. The proposed ordinance revises Section 9.05. In addition to re-organizing Section 9.05 for consistency and readability, the proposed ordinance makes the following substantive changes: Subdivision 1. The MSFC and the IFC are amended and updated periodically. To avoid the necessity of amending the City Code each time the MSFC or IFC is updated at the state level, the proposed ordinance amends Subdivision 1 of Section 9.05 to incorporate the most current version of the MSFC and expressly adopt future amendments. Subdivision 2. The MSFC provides for enforcement by a department of fire prevention under the direction of a"Fire Code Official." The proposed ordinance deletes references to the "Fire Marshal" and instead references the "Fire Code Official"throughout Section 9.05 for consistency with the MSFC. The ordinance designates the Fire Chief as the City's Fire Code Official and allows for the appointment of a Deputy Fire Code Official and other technical officers, inspectors, and other employees to aid in enforcement of the Fire Code. Subdivision 3. Subdivision 3 of the proposed ordinance amends certain sections of the MSFC as allowed by state law. Most of these amendments are contained in ANNOTATED AGENDA February 19, 2019 Page 5 the current code. New amendments are those related to key boxes, system inspection records, and fire alarm signal dialers. Subdivisions 6 and 8. Section 9.05 and the MSFC require or authorize the City to require permits for various activities. Subdivision 6 adds general requirements for the application for and issuance or denial of permits. Subdivision 8 addresses open burning permits and adds more specificity and detail for open burning permit requirements than is currently contained in Section 9.05. The proposed ordinance also amends City Code Section 9.10 A relating to Fire Alarm Systems. The proposed ordinance deletes the requirement in Subdivision 4 that all fire alarm systems be registered with the Fire Department. Because of difficulties faced as a result of frequent turnover of property managers and technical reporting, enforcement of the registration system has become cumbersome for the Fire Department. The registration system is being replaced with a new third-party, web-based compliance tool called Compliance Engine that will allow the Fire Department to track and drive inspection and testing code compliance. Under the proposed revision to Section 9.05, contractors who perform required inspection, testing, or maintenance services on fire and life safety systems in the City must now submit all reports to the City through the Compliance Engine. A contract with the Compliance Engine vendor will be presented to the Council for approval contemporaneous with or shortly after the anticipated date of final approval of this proposed ordinance. Finally, the proposed ordinance makes minor amendments to City Code Sections 2.26, 2.32, and 8.07 to remove references to the Fire Marshal and update other references in light of the revisions to Section 9.05. MOTION: Move to approve the first reading of an ordinance amending City Code Chapter 9 relating to the Minnesota State Fire Code and Fire Alarm Systems XII. PETITIONS, REQUESTS,AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR ANNOTATED AGENDA February 19, 2019 Page 6 F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Move to adjourn the City Council meeting. CITY COUNCIL AGENDA DATE: SECTION: Proclamations and Presentations February 19, 2019 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Jay Lotthammer, Director, Donations from Lions Tap IV.A. Parks and Recreation Requested Action Move to: Adopt Resolution accepting the donation from Lions Tap in the amount of$2,000 for Parks and Recreation Special Events. Synopsis Lions Tap gave $2,000 to be used to enhance the following programs: $100 Winter Blast $100 Winter Theatre $100 Collection of One Acts $100 Fall into Fitness $100 Flick 'n' Floats $100 Floating Pumpkin Patch $100 Indoor Triathlons $100 Summer Musical $100 Arbor Day Walk and Green Fair $200 3rd and 4th of July $200 Arts in the Park $100 Fall Harvest $100 Halloween on the Mall $100 Kidstock Concerts $100 Staring Lake Concert Series $100 Animal Open House $100 Movies in the Park $100 Spooky Saturday Background These contributions make enhancements to programs, along with allowing several programs to be available to the community that would not otherwise be possible. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2019-27 RESOLUTION RELATING TO ACCEPTANCE OF GIFTS BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT: The gift to the City in the amount of$2,000 to be used for various Parks and Recreation Special Events from Lions Tap is hereby recognized and accepted by the Eden Prairie City Council. ADOPTED by the City Council of the City of Eden Prairie this 19th day of February, 2019. Ronald A. Case, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Proclamations and Presentations February 19, 2019 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Jay Lotthammer Donation from Home Instead Senior Care towards IV.B. Director, Parks and Recreation events at the Senior Center Requested Action Move to: Adopt Resolution accepting the donation of$325 from Home Instead Senior Care towards events at the Senior Center. Synopsis The donation of$325 from Home Instead Senior Care will go towards the Senior Center Shredding Event, Veterans Breakfast and the Golf Classic. Background The Eden Prairie Senior Center hosts classes, trips and events for adults of all ages. Approximately 1,500 people attend Senior Center special events each year. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2019- RESOLUTION RELATING TO ACCEPTANCE OF GIFTS BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT: The gift to the City in the amount of$325 to be used for Senior Center Special Events from Home Instead Senior Care is hereby recognized and accepted by the Eden Prairie City Council. ADOPTED by the City Council of the City of Eden Prairie this 19th day of February, 2019. Ronald A. Case, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Proclamations and Presentations February 19, 2019 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Jay Lotthammer Donation from Oasis Senior Advisors towards the IV.C. Director, Parks and Recreation Valentine's Breakfast at the Senior Center Requested Action Move to: Adopt Resolution accepting the donation of$350 from Oasis Senior Advisors towards the Valentine's Breakfast at the Senior Center. Synopsis The donation of$350 from Oasis Senior Advisors will go towards the Senior Center Valentine's Breakfast. Background The Eden Prairie Senior Center hosts classes, trips and events for adults of all ages. Approximately 90 people attend the Valentine's Breakfast held at the Senior Center each year. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2019- RESOLUTION RELATING TO ACCEPTANCE OF GIFTS BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT: The gift to the City in the amount of$350 to be used for the Senior Center Valentine's Breakfast from Oasis Senior Advisors is hereby recognized and accepted by the Eden Prairie City Council. ADOPTED by the City Council of the City of Eden Prairie this 19th day of February, 2019. Ronald A. Case, Mayor ATTEST: Kathleen Porta, City Clerk ITEM NO.VI.A. UNAPPROVED MINUTES CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY,FEBRUARY 5, 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 GUESTS: School Board Members Elaine Larabee, Holly Link, Adam Seidel, Lauren Crandall, Terri Swartout, Karla Bratrud; Superintendent Josh Swanson, Assistant Superintendent Stacie Stanley, Director of Community Education Shawn Hoffman-Bram, Senior Director of Student Support Services Christina Bemboom, Executive Director of Business Services Jason Mutzenberger, Executive Director of Human Resources Thomas May, Senior Director of Communications and Community Relations Brett Johnson, Senior Director of Personalized Learning Michelle Ament Workshop-Heritage Rooms I and II(5:30) I. JOINT SCHOOL BOARD MEETING Mayor Case introduced the agenda. City Manager Getschow noted a joint meeting between the School Board and City Council happens annually. School Superintendent Swanson presented Eden Prairie School's mission led plans based on inspiring each student. The school's core planning team identified and narrowed down its strategies: engagement, achievement disparities, and personalized learning. Engagement includes the community, parents, students, staff, and stakeholders. By 2030 they will eliminate achievement disparities by being responsive to students and their learning. By 2030 they will personalize learning to achieve their mission. Swanson presented the Designing Pathways three-year timeline of planning and input. The process included facilities planning, academic design process through design teams, input sessions, online input and parent surveys, facilities design recommendation, leadership review and discussion, community survey, superintendent recommendation, and School Board approval of a$39.9 million ballot request for the May 14 election. Swanson stated the request is for bond funding rather than the operating levy request that happened in 2014. Bond funding is used specifically for building. The proposed changes are to move four-year-old preschoolers to the neighborhood elementary, offer bus transportation to all preschool families, move sixth graders to Central Middle School, increase flexible City Council Workshop Minutes February 5,2019 Page 2 learning spaces, make significant classroom updates, improve traffic flow, and improve security at all eight schools. Specific improvements to Central Middle School include a theatre addition, cafeteria and gymnasium expansion, classroom updates, security updates, and bus traffic flow improvements. Swanson stated classroom updates will be implemented at all schools. Teachers often use small group formats for learning. The classroom design concept will take these formats into consideration for small group and resource space while still allowing for supervision. The average total tax impact for a median value home is $6.50 per month. Currently, the Eden Prairie School District tax impact is below the state average. In 2018, the enrollment went up for Eden Prairie Schools for the first time in ten years. Council Member Narayanan inquired how long the bond term is. Swanson responded the bond is for 20 years, $79 per year on the median value home. Narayanan inquired how the change in demographics has impacted teaching methods and academics. Swanson responded Eden Prairie Schools wants to have an environment where kids feel safe and connected, including retaining highly profecient, culturally competent teachers in classrooms. These values are reflected in their strategies which are guided by their mission. Council Member Nelson inquired if Central Middle School will still have the team model when sixth grade moves in. Swanson stated the improvements will likely strengthen the team model. Updates with podded environments and resource areas will strengthen the team concept. Case inquired about the traffic flow and management issue, specifically by Oak Point Elementary. Swanson stated the school has been reviewing parking redesign to help eliminate some traffic congestion at Oak Point. Initial bids for a redesign were extremely high. City staff has been helpful throughout the redesign process. Executive Director of Business Services Mutzenberger stated on normal weather days there is less traffic congestion. Staff on site assist with directing traffic during pick up and drop off. Case inquired if the school district has plans to restore the walls in the historic gym. Mutzenberger responded school staff can look into the upkeep of the walls. The floor was restored about five years ago. Narayanan inquired how the School is incorporating sustainability in their building updates. Mutzenberger stated the school district has been a leader in solar and about 65 percent of its energy consumption is through solar. The school district utilizes solar on its rooftops, as well as through three solar garden subscriptions. The school district will be environmentally conscious in its new additions. Case added the City is incorporating solar on all of the City building rooftops. 100 percent of the City dollars spent on electricity will go to solar. Nelson stated there is a lot of negativity around the school district on Next Door, and the schools media presence needs to be considered. Director of Communications and Community Relations Johnson responded the school has not moved into the Next Door platform yet, but he will take it into consideration. City Council Workshop Minutes February 5,2019 Page 3 Council Member Aho inquired how the City can be of benefit to the school district. School Board Member Link responded she appreciates the changes in senior housing, such as the cooperative condo style. The City is creating attractive senior housing and the additional housing helps with the school tax base. Aho added, as a community, we could do better to mentor students whose path is not college. There is a high need for skilled employees and in technical fields. School Board Chair Larabee stated there will be a job fair at the high school for local businesses in cooperation with the Eden Prairie Chamber of Commerce. Assistant Superintendent Stanley stated the school district is working to hold a business round table at the high school. The school district considers how it can serve the needs of all the students. Swanson added the school often promotes a minimum of a two year degree. Link stated Board Members toured the schools, and students are working on real world applications with two and three dimentional drawing and printers. She encourages City Council to take a tour of the schools. Narayanan stated it would be good to collaborate on communcations between the school and City. Johnson stated he has connected with communications, and they intend to meet. Aho stated school is one of the biggest reasons people move to the community. The message is mixed in the real estate community. There is a monthly realtor's forum a school representative could attend to increase awareness. School Board Member Swartout thanks the Council and previous Mayor for passing Tobacco 21. She stated the student survey and the quality of life survey could be collaborated on and utilized by each entity. Open Podium - Council Chamber (6:30) II. OPEN PODIUM A. SCOT ADAMS—EDEN PRAIRIE CITIZENS' CLIMATE LOBBY Scot Adams, 7169 Arbor Glen Drive, stated radiation detection has developed throughout the years. Levels have increased in recent years. He encourages the Council to pass a resolution, in conjunction with other Minnesota cities, calling for national action on climate change. Zach Spears, 9727 Marshall Road, stated he is an Eden Prairie High School student, an officer of Tree Huggers Club, and was a part of the iMatter youth team that helped draft a climate inheritance resolution last year. Net zero green house gas emissions by 2040 and 100 percent renewable electricity by 2030. Julianna Deibel, 7105 Park View Lane, stated she is an Eden Prairie High School student and the president of the school Tree Huggers Club. They support this resolution because it ties to the climate inheritance resolution on a national level. The goal is to move towards clean energy. City Council Workshop Minutes February 5,2019 Page 4 Rod Fisher, 16820 South Shore Lane, stated the goal is to start a diolgue about an important issue for the City. He asks the Council to pass a resolution endorsing the United States Congress to address climate risks and take a stand on national legislation. There are many consequences to not moving forward. Case responded he would like to continue this conversation, possibly in a Council workshop format. Getschow added the City Sustainability Specialist connected with Deibel, Spears, and Conservation Commission student Commissioner Govind Makaram. The Tree Huggers and iMatter students will be attending the next Conservation Commission meeting to have further discussion on the topic, and Partners in Energy may attend as well. Nelson noted the City Council has already supported the Paris Accord. At the end of the year, the City's buildings will have solar and 100 percent of those dollars will be going towards renewable energy. The City has also been working with businesses to see how they can become more sustainable and save energy. III. ADJOURNMENT ITEM NO. VI.B. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, FEBRUARY 5, 2019 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Ron Case, Council Members Brad Aho, Mark Freiberg, P G Narayanan, 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. OPEN PODIUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS (taken out of sequence after Item VI.) V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Freiberg moved, seconded by Aho, to approve the agenda as published. Motion carried 5-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY,JANUARY 22, 2019 B. CITY COUNCIL MEETING HELD TUESDAY,JANUARY 22, 2019 MOTION: Aho moved, seconded by Narayanan, to approve the minutes of the City Council workshop held Tuesday, January 22, 2019, and the minutes of the City Council meetings held Tuesday, January 22, 2019. Motion carried 5-0. V. PROCLAMATIONS/PRESENTATIONS (taken out of sequence) A. EDEN PRAIRIE BUSINESS SURVEY RESULTS CITY COUNCIL MINUTES February 5, 2019 Page 2 Case noted the Council Members received this presentation last week. He asked Mr. Leatherman to present it again at tonight's Council meeting in order to share the results with the community. Getschow said every three years the City does a business survey. Last Thursday the Council and the Chamber of Commerce received a joint presentation of the survey results for 2018. Morris Leatherman, The Morris Leatherman Company, gave a PowerPoint presentation reviewing the results of the survey which was taken in November and December of 2018. The survey included 14 questions about the business climate in Eden Prairie. He reviewed the responses to the survey which included questions such as important reasons for locating in Eden Prairie, grade of the City business climate, most serious issues, focus for the City's Economic Development Division, and workforce issues. Council Member Narayanan asked if the City increased the commercial property taxes more than average which might have caused the high percentage of the respondents listing property taxes as the most serious issue facing businesses. Getschow replied the increases have been lower than our peers and also have been at or below the inflation rate. State-wide fiscal disparities are part of the business tax, and Eden Prairie is the third largest contributor to that pool. Almost 20% of business property taxes are tied to the City levy and budget with the rest tied to other governmental units. City taxes increased on average about 1% on commercial property this year. We have not seen any spikes or large increases for our commercial property taxes. Freiberg commented it is exciting to see a lot of things are happening. In three years we shifted from 29%to 50% of the responses giving the City a grade of A for the business climate, and that is a significant jump. He asked if we know what caused that jump. Mr. Leatherman replied it is not just the City itself, but business owners are responding more globally. Across the state, people's enthusiasm was less during the recession. Nelson believed the increase in happiness about the business climate is partially connected to people's being happy with how they are doing here in Eden Prairie. She does not get as many complaints as she did six to seven years ago. While businesses do need more highly skilled employees, she felt the employees do like living here and that score has gone up over time. Mr. Leatherman noted 52% of the owners and managers live in the City, so that connection would affect their responses. In other areas, typically only 33-40% of owners and managers live in the community where they work. Case commented any given year will be susceptible to the whims occurring in that year. The ten-year trend has been distinctly up, so we are on the right path overall. The business community continues to be happy here. He thanked Mr. Leatherman for coming out in the snowstorm and noted we appreciate the work his company does. VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS CITY COUNCIL MINUTES February 5, 2019 Page 3 VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. AWARD CONTRACT TO MINNESOTA ROADWAYS CO. FOR PARKING LOT, TRAIL,AND HARD COURT REHABILITATION PROJECT AT CREEKWOOD PARK C. APPROVE QUOTE TO AUTHORIZE LOGIS TO REPLACE PRIMARY DATA CENTER EQUIPMENT AT CITY CENTER MOTION: Narayanan moved, seconded by Aho, to approve Items A-C on the Consent Calendar. Motion carried 5-0. IX. PUBLIC HEARINGS/MEETINGS X. PAYMENT OF CLAIMS Aho asked about the large payment to Southwest Light Rail (SWLRT). Ellis replied the light rail project included locally-requested capital improvement projects, such as decorative railings, the expansion of the Eden Road right-of-way, additional landscaping and several other items. The City entered into an agreement with the project office several months ago that we would pay for those improvement projects. The item on tonight's Payment of Claims is for the first installment for those locally-requested improvements. A second payment will be made for the remainder of the amount in about 275 days from now. Aho asked if we will be reimbursed for any portion of the amount from grants or other sources. Ellis replied we would not be reimbursed by any grants. We do have an outstanding grant of$6,140,000 for the Town Center Station. Nelson noted the City Council has seen the cost and plans for the SWLRT improvements over the last year, so we have reviewed those. Ellis replied these are things that have been shared with the Council and the public in workshops and public meetings over the past several years as the design went through the process. MOTION: Nelson moved, seconded by Freiberg, to approve the payment of claims as submitted. Motion was approved on a roll call vote,with Aho, Freiberg,Narayanan, Nelson, and Case voting "aye." XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS,AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS CITY COUNCIL MINUTES February 5, 2019 Page 4 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. Report on Mobile and Permanent Speed Display Signs Ellis explained this item is a follow-up from discussion at a Council meeting in early January regarding dynamic speed display signs. The Police Department currently has a mobile sign display unit mounted on a small trailer that is deployed for targeted education or in response to speed complaints in a certain area. The mobile sign does not collect data, and it is reaching the end of its useful life. We have a second type of sign that is more permanent and is mounted in the ground. Those four permanent units are solar units with posted speeds and a radar unit and do not collect data. The permanent units are somewhat effective to use to help with speed control, and are currently located on Dell Road, Anderson Lakes Parkway, Riverview Road and Homeward Hills Road. Staff had some discussions with the Police Department and the Engineering Division and recommends we replace the mobile speed display unit. The cost would be $10-13,000, depending on the features selected. The new unit should collect data we could use to share with citizens and to plan for road improvements. Ellis reported staff would also like to formulate a policy for a permanent placement of dynamic speed signs. We do like the signs and have received positive feedback on them. The permanent signs are about $3,000 apiece. The policy would determine where we would prioritize these signs,based on roadway classification, traffic volumes, schools nearby, and other criteria. Staff would come back with a draft policy for Council discussion and approval at a future meeting. Aho asked if the mobile unit will just collect vehicle counts and traffic speeds, but not license plate data. Ellis replied that was correct. The signs would just collect speed data with no personal information collected. Case asked if it records the time the speed occurs. Ellis replied it would break down the data by time of day. Case noted that piece is very powerful. If the speed occurs at a certain time of the day, we could use the data to enforce the traffic speeds at that time and location. He asked if the policy would include data collection by the temporary unit. Ellis replied the mobile unit would be used to collect existing data, and that data would be used to prioritize the CITY COUNCIL MINUTES February 5, 2019 Page 5 locations for permanent speed sign installations. He noted the permanent signs would not collect data. Case commented this would enable us to go back to a neighborhood that had concerns and share the data collected. In the course of the recent campaign he came across three neighborhoods that had traffic speed concerns, so he was wondering if we might need two of the mobile units. Ellis replied staff has talked about that and do not feel there would be a need for two right now. If there are more complaints and concerns over time, it is easy to purchase another unit and we could budget for that one quite easily. Aho asked what the cost and the expected life of the permanent units would be. Ellis responded the cost is about $2-3,000, depending on the model selected. We have had the four existing units for about three years. He thought the solar panel on the unit might be the first thing to go out. We have found that during the darker winter months with less sunlight or if located in shaded areas the units do go dark. Overall, he thought the life would be about 10-15 years. Nelson was very interested in getting the kind of sign that does the counts and times. She thought there are always issues that are related to the time of the speeding. She would like to get more of the units,preferably solar units. It is a good idea and would make it a little safer in some areas. Narayanan noted the display signs are quite large and was concerned about getting the true speed because they can see the sign and begin to decrease their speed. He asked if the signs would be measuring traffic in only one direction, and whether the data would be automatically uploaded for analysis of the data. Ellis replied most of the units he has seen measure one direction only. They would capture the drive speed after the drive has seen the sign. To capture the actual speed, we use road tubes that collect data or unmarked cars with radar units to collect data. Each model of the sign has a different method to upload the data. Freiberg commented he was pretty enthusiastic about the concept. He wondered if there is an option to include more than just a solar panel, such as a battery backup system. He would rather see something that would not go dark and would collect data all the time. Case noted the Traffic Logix unit he saw came with battery power, a solar panel and wiring. He would guess most of the units have a battery backup. 2. Establishment of School Zone Speed Limit Along Scenic Heights Road Adjacent to Central Middle School(Resolution No. 2019-26) Ellis reported the City and the School District are seeking to collaborate to establish a new 25 mph speed zone on Scenic Heights Road near the Central Middle School entrance. State statute does enable cities to establish speed CITY COUNCIL MINUTES February 5, 2019 Page 6 constraints in school zones, and also provides direction to determine the appropriate speed limit. Staff has completed the analysis and are recommending a new school speed zone for 25 mph be established on Scenic Heights Road from View Lane to an area west of Village Woods Drive. The 25 mph suggestion was established based on real time speeds observed over a period of days and would be consistent with our other roadways. In order to establish the school speed zone, the Council would need to pass a resolution. MOTION: Nelson moved, seconded by Aho, to approve Resolution No. 2019-26 establishing a school zone speed limit along Scenic Heights Road adjacent to Central Middle School. Motion carried 5-0. F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Freiberg moved, seconded by Aho, to adjourn the meeting. Motion carried 5-0. Mayor Case adjourned the meeting at 7:49 p.m. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar February 19, 2019 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Christy Weigel, Clerk's License Application List VIII.A. Police/ Support Unit These licenses have been approved by the department heads responsible for the licensed activity. Requested Action Motion: Approve the licenses listed below Temporary Liquor Organization: Church of Pax Christi Event: Giving Forum Date: April 9, 2019 Place: Pax Christi Social Hall 12100 Pioneer Trail - 1 - CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar February 19, 2019 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Randy L. Slick Final Plat Report of Bluffs West VIII.B. Public Works/Engineering Fifteenth Addition Requested Action Move to: Adopt the resolution approving the final plat of Bluffs West Fifteenth Addition This proposal is for the plat located at 12340 Riverview Road. This plat consists of 1.14 acres to be platted into one single family residential lot. This proposal is a replat of Outlot A, Bluffs West Fourteenth Addition. Background Information The preliminary plat was approved by the City Council on May 16, 2017. Second reading of the Rezoning Ordinance and final approval of the Developer's Agreement was approved by the City Council on June 13, 2017. Approval of the final plat is subject to the following conditions: • Receipt of engineering fee in the amount of$400.00. • Prior to release of final plat, Developer shall submit a revised letter of credit for the installation of public improvements in the amount of$49,500.00. • The requirements as set forth in the Developer's Agreement. • Prior to release of final plat, Developer shall submit a 1"=200' scale reduction of final plat. • Prior to release of final plat, 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. 2019-30 A RESOLUTION APPROVING FINAL PLAT OF BLUFFS WEST FIFTEENTH ADDITION WHEREAS, the plat of Bluffs West Fifteenth Addition has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder; and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE,BE IT RESOLVED by the Eden Prairie City Council: A. Plat approval request for Bluffs West Fifteenth Addition is approved upon compliance with the recommendation of the City Engineer's report on this plat dated February 19, 2019. B. Variance is herein granted from City Code 12.20 Subd. 2.A. waiving the six-month maximum time lapse between the approval date of the preliminary plat and filing of the final plat as described in said engineer's report. C. That the City Clerk is hereby directed to supply a certified copy of this resolution to the owners and subdivision of the above named plat. D. 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 February 19, 2019. Ronald A. Case, Mayor ATTEST: SEAL Kathleen Porta, City Clerk 6 y lze Q L • E Y a A to 4 t q = r x4 3 o ¢e _jO } .;: i I Ay >�.V , tad e^ aI i1 Al $o 141 6 ' 8 a�$ E Ro2 BIs '.. I 3 ° k �C ByR i 1. ti i t a � e�'S6 z /. i i 1 it! ,11 s' , a E €RkSg R I 1'! §D E E 1. v i b IiH AI s�g 8 sa6 1R a • 11: !! ' .51 S 1 '1t I111 d d R EfC e II412 F` \Rs .21 .ts..1\ I. I g Cid I _ u , ` x =NLL 3 _ -v_, III 7 y i s D :, a f; qF a 4o '-`�> i $ ill ` 'il 1 I iu i `,'L.--------_ y2.a° g ;$ cc— _____—_— _ \ a§ ` =a @fie Ai .2 • — , CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar February 19, 2019 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. #19803 ITEM NO.: Mary Krause Award Contract for 2019 Street Sweeping to VIILC. Public Works/Engineering Pearson Brothers, Inc. Requested Action Move to: Award contract for 2019 Street Sweeping to Pearson Brothers, Inc. in the amount of $37,375.00. Synopsis Quotes were received Friday, February 8, 2019 for the 2019 Street Sweeping. Three quotes were received as follows: Pearson Brothers, Inc. $37,375 Allied Blacktop Company $39,000 Reliakor Services, Inc. $38,000 Background Information The schedule for street sweeping in the project specifications indicates a start date of April 8, 2019. This early cleaning of the streets prevents sand and debris that has accumulated from the winter snow removal operations from entering into the City's wetlands, creeks and lakes. Spring sweeping of the streets takes approximately 5-8 working days. Street sweeping after the sealcoat project also is part of this project. Financial Implications Funding for the spring sweeping is from the Storm Water Utility Fund. Street sweeping that occurs after the sealcoating project is funded from the Operating and Maintenance budget for sealcoating and the CIP fund for pavement maintenance. Staff recommends award to Pearson Brothers, Inc. Attachment Contract FORM OF CONTRACT THIS AGREEMENT, made and executed this day of , 2019, by and between the City of Eden Prairie, hereinafter referred to as the "CITY", and Pearson Brothers, Inc., hereinafter referred to as the "CONTRACTOR", WITNESSETH: CITY AND CONTRACTOR, for the consideration hereinafter stated, agree as follows: I. CONTRACTOR hereby covenants and agrees to perform and execute all the provisions of the Plans and Specifications prepared by the Public Works Department referred to in Paragraph IV, as provided by the CITY for: I.C.# 19803, 2019 Street Sweeping CONTRACTOR further agrees to do everything required by this Agreement and the Contract Documents. II. CITY agrees to pay and CONTRACTOR agrees to receive and accept payment in accordance with the prices bid for the unit or lump sum items as set forth in the Proposal Form attached hereto which prices conform to those in the accepted CONTRACTOR'S proposal on file in the office of the City Engineer. The aggregate sum of such prices,based on estimated required quantities is estimated to be $37,375. III. Payments to CONTRACTOR by City shall be made as provided in the Contract Documents. IV. The Contract Documents consist of the following component parts: (1) Legal and Procedural Documents a. Instruction to Bidders, Specifications and Special Conditions b. Accepted Quote c. Contract Agreement d. Contractor's Performance Bond e. Contractor's Payment Bond (2) Special Conditions (3) Addenda and Supplemental Agreements The Contract Documents are hereby incorporated with this Agreement and are as much a FC-1 part of this Agreement as if fully set forth herein. This Agreement and the Contract Documents are the Contract. V. CONTRACTOR agrees to fully and satisfactorily complete the work contemplated by this Agreement in accordance with the following schedule or in accordance with the Contract Documents. VI. This Agreement shall be executed in two (2) copies. IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands and seals as of the date first above written. In Presence Of: CITY OF EDEN PRAIRIE, MN. By Its City Mayor And Its City Manager CONTRACTOR In Presence Of: By Title And Title FC-2 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar February 19, 2019 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Chief Greg Weber Consider the request for a Therapeutic VIII.D. Police Department Massage Enterprise license to Min Jin LLC d/b/a Spanut Wellness Center and three related Massage Therapist license applications Requested Action Consider the request for a Therapeutic Massage Enterprise license to Min Jin LLC d/b/a Spanut Wellness Center and Massage Therapist licenses to Jing An, Barbie Pomjie, and Yun Fang Wang. Synopsis The City received an application from Min Jin LLC d/b/a Spanut Wellness Center for a Therapeutic Massage Enterprise license to do business in the City of Eden Prairie along with applications for individual massage therapist licenses from Jing An, Barbie Pomjie, and Yun Fang Wang. Background Information Eden Prairie City Code Section 5.46 regulates Therapeutic Massage Enterprises and individual Massage Therapists. Each applicant is required to have a background check completed by the Eden Prairie Police Department. The background investigation identified information which would disqualify Min Jin LLC d/b/a Spanut Wellness Center from receiving a Therapeutic Massage Enterprise license and Jing An, Barbie Pomjie, and Yun Fang Wang from receiving an individual Massage Therapist license per City of Eden Prairie ordinance requirements. Because the applications were submitted prior to the recent revision to Section 5.46 which was adopted on December 4, 2018, the ordinance requirements in effect prior to December 4, 2018 were used in considering the applications. A Resolution adopting Findings, Conclusions and Orders and denying the issuance of the licenses is attached and will be made part of the official record, which supports a basis for denying the applications. The applicants were notified by mail that the applications would be considered at tonight's meeting. Staff recommends denial of these applications. AttachmentS Resolution to Adopt the Findings, Conclusions, and Orders Exhibit A Exhibit B CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2019- RESOLUTION ADOPTING FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDERS MIN JIN LLC D/B/A SPANUT WELLNESS CENTER JING AN BARBIE POMJIE YUN FANG WANG WHEREAS,the City Council has been presented with proposed Findings of Fact, Conclusions of Law, and Order(attached hereto as Exhibit A)regarding an application submitted by Min Jin LLC d/b/a Spanut Wellness Center for a Therapeutic Massage Enterprise License; and WHEREAS,the City Council has been presented with proposed Findings of Fact, Conclusions of Law,and Order(attached hereto as Exhibit B)regarding applications submitted by Jing An,Barbie Pomjie, and Yun Fang Wang for Massage Therapist Licenses; and WHEREAS,the Findings of Fact, Conclusions of Law, and Orders, attached hereto as Exhibits A and B, support a recommendation for denial of the applications. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,that the Findings of Fact,Conclusions of Law,and Orders are hereby adopted and the Council hereby denies the issuance of a Therapeutic Massage Enterprise License to Min Jin LLC d/b/a Spanut Wellness Center, and denies the issuance of Massage Therapist Licenses to Jing An, Barbie Pomjie, and Yun Fang Wang. ADOPTED by the City Council of the City of Eden Prairie this 19th day of February, 2019. Ronald A. Case, Mayor ATTEST: Kathleen Porta, City Clerk EXHIBIT A CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA THERAPEUTIC MASSAGE ENTERPRISE LICENSE APPLICATION FOR MIN JIN LLC d/b/a SPANUT WELLNESS CENTER FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER FINDINGS OF FACT 1. Eden Prairie City Code ("City Code") Section 5.46, Subdivision 3.A requires a Therapeutic Massage Enterprise License ("Enterprise License") in order to operate, engage in, or carry on, within the City, massage services for the public for consideration. 2. City Code Section 5.46, Subdivision 4.A requires that applications for Enterprise Licenses be made on forms provided by the City and that all information and questions be answered fully and completely by the applicant. 3. City Code Section 5.46, Subdivision 6.A.1 provides that no Enterprise License shall be issued to a person who: £ Has knowingly misrepresented or falsified information on the license application; k. Does not provide all information required by the application or such other information as the Issuing Authority or City Council may require; or 1. Does not have one (1) or more massage therapists employed by or affiliated with the therapeutic massage enterprise who is licensed by the City at the time the therapeutic massage license is issued. 4. The City's Enterprise License Application requires that an applicant answer the question: "Have you and/or any immediate family member been engaged as an employee of, owned, or operated a spa, salon or other business which offered massage within the past 5 years?" and, if the answer is yes, provide dates and places of such business. 5. The City's Enterprise License Application requires that an applicant for an Enterprise License provide a list of all persons employed, or who the applicant intends to employ, as Massage Therapists at the premises. 6. Min Jin LLC d/b/a Spanut Wellness Center ("Applicant") applied to the City of Eden Prairie for an Enterprise License to operate Spanut Wellness Center. 7. The Police Department received the application and conducted an investigation to verify the information on the application pursuant to City Code Section 5.46, Subdivision 4.D. 8. Cara Chang("Chang"),the Applicant's owner and manager,responded"no"to the question on the license application asking, "Have you and/or any immediate family member been engaged as an employee of, owned, or operated a spa, salon or other business which offered massage within the past 5 years?" 9. As part of the investigation, it was discovered that Chang's husband, Tong Ru Chen,was an owner of Massage Island in Monticello, Minnesota in February 2016. Chang did not list Massage Island as a place that her husband, an immediate family member, had been engaged as an employee of, owned, or operated within the past five (5) years on the Enterprise License Application. 10. As part of the investigation, it was also discovered that Chang's husband, Tong Ru Chen, was an owner of Min Jin LLC d/b/a Super Spa in Brooklyn Park, a massage business, from approximately 2012-2015, and that Chang was the manager of Super Spa. Chang did not list Massage Island as a place that she or her husband,an immediate family member,had been engaged as an employee of, owned, or operated within the past five (5) years on the Enterprise License Application. 11. With the Enterprise License Application, Chang failed to provide a list of all persons employed, or who the Applicant intends to employ as Massage Therapists at Min Jin LLC d/b/a Spanut Wellness Center. At or around the same time as Min Jin LLC d/b/a Spanut Wellness Center's application, three individuals submitted applications for Massage Therapist licenses indicating that they were intending to work at Spanut Wellness Center. These individual licenses, however, were denied by the City. Applicant has therefore not provided proof that it has one or more massage therapists employed by or affiliated with the therapeutic massage enterprise who is licensed by the City at the time the therapeutic massage license would be issued. 12. The Chief of Police recommends denial of Applicant's Enterprise License Application because (a) Applicant failed to fully and completely provide all of the information required by the application form; (b)Applicant knowingly misrepresented or falsified information in the Enterprise License Application; and (c) Applicant failed to have one or more massage therapists employed by or affiliated with the therapeutic massage enterprise who is licensed by the City at the time the therapeutic massage license is issued. CONCLUSIONS OF LAW 2 1. Applicant has not complied with City Code Section 5.46, Subdivision 4.A due to its failure to fully and completely provide all of the information required by the application. 2. City Code Section 5.46, Subdivision 6.A.1.f prohibits issuance of an Enterprise License to Min Jin LLC d/b/a Spanut Wellness Center because it knowingly misrepresented or falsified information on the Enterprise License Application. 3. City Code Section 5.46, Subdivision 6.A.1.k prohibits issuance of an Enterprise License to Min Jin LLC d/b/a Spanut Wellness Center because it failed to provide all information required by the application. 4. City Code Section 5.46, Subdivision 6.A.1.1 prohibits issuance of an Enterprise License to Min Jin LLC d/b/a Spanut Wellness Center because it failed to have one or more massage therapists employed by or affiliated with the therapeutic massage enterprise who is licensed by the City at the time the therapeutic massage license is issued. ORDER Based on the foregoing Findings of Fact and Conclusions of Law, the City Council hereby orders that: 1. The application for an Enterprise License filed by Min Jin LLC d/b/a Spanut Wellness Center is hereby denied. ADOPTED BY THE CITY COUNCIL this 19th day of February, 2019. Ronald A. Case, Mayor ATTEST: Kathleen Porta, City Clerk 3 EXHIBIT B CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA MASSAGE THERAPIST LICENSE APPLICATIONS FOR JING AN, BARBIE POMJIE,AND YUN FANG WANG FINDINGS OF FACT, CONCLUSIONS OF LAW,AND ORDER FINDINGS OF FACT 1. Eden Prairie City Code ("City Code") Section 5.46, Subdivision 3.B requires a Massage Therapist License ("Therapist License") in order to practice, administer, or provide massage services to the public for consideration within the City. 2. City Code Section 5.46, Subdivision 4.A requires that applications for Therapist Licenses be made on forms provided by the City and that all information and questions be answered fully and completely by the applicant. 3. City Code Section 5.46, Subdivision 6.B.1 provides that no Therapist License shall be issued to a person who: c. Is not a citizen of the United States or a resident alien, or is legally prohibited from working in the United States; £ Is not affiliated with, employed by, or does not own a therapeutic massage enterprise licensed by the City or a Salon licensed by the State pursuant to Minnesota State Statute 155A.29; h. Does not provide to the City proof that he or she has completed six hundred (600) hours of certified therapeutic massage training from a bona fide school that has been approved by the City, or has at least two (2) years of full- time experience working as a massage therapist at a licensed therapeutic massage enterprise or other licensed business approved by the City. m. Does not provide all information required by the license application or such other information as the Issuing Authority or City Council may require. 4. The City's Therapist License Application requires that an applicant provide various information,including but not limited to citizenship status and,if the applicant is not a U.S. citizen, proof of immigration and employment status. 5. Jing An("An"), Barbie Pomjie ("Pomjie") and Yun Fang Wang ("Wang") applied to the City of Eden Prairie for Massage Therapist Licenses. 6. The Police Department received the Therapist License applications of An, Pomjie, and Wang and conducted an investigation to verify the information on the applications pursuant to City Code Section 5.46, Subdivision 4.D. Jing An 7. An applied to the City of Eden Prairie for a Massage Therapist License to work at Min Jin LLC d/b/a Spanut Wellness Center. 8. After An's application was submitted, the City received a letter from Cara Chang, owner of Min Jin LLC d/b/a Spanut Wellness Center, indicating that An is no longer applying for a Massage Therapist License from the City. The City never received verbal or written communication from An withdrawing the application, however, so the City considers the application as submitted. 9. Min Jin LLC d/b/a Spanut Wellness Center is not a therapeutic massage enterprise licensed by the City or a salon licensed by the state. 10. With her Therapist License Application, An provided documentation indicating that she completed massage training at VIP Beauty School in Margate, Florida. 11. VIP Beauty School in Margate, Florida is not accredited and is not a bona fide school that has been approved by the City. 12. An did not provide proof that she has at least two years of full-time experience working as a massage therapist at a licensed therapeutic massage enterprise or other licensed business approved by the City. 13. The Chief of Police recommends denial of the Massage Therapist License to Jing An due to: (a)An's lack of affiliation with,employment by,or ownership of a therapeutic massage enterprise licensed by the City or a salon licensed by the state; and(b)An's failure to provide proof that she has completed 600 hours of certified therapeutic massage training from a bona fide school that has been approved by the City, or has at least two years of full-time experience working as a massage therapist at a licensed therapeutic massage enterprise or other licensed business approved by the City. Barbie Pomjie 14. Pomjie applied to the City of Eden Prairie for a Massage Therapist License to work at Min Jin LLC d/b/a Spanut Wellness Center. 15. Min Jin LLC d/b/a Spanut Wellness Center is not a therapeutic massage enterprise licensed by the City or a salon licensed by the state. 16. On the Therapist License Application, Pomjie indicated that she is not a U.S. citizen, but failed to provide the required proof of employment eligibility. 17. With her Therapist License Application,Pomjie provided documentation indicating that she completed 600 hours of massage training at L.A. Beauty&Massage School in Richfield, Minnesota.Pomjie's transcript,however,indicated that 372 of the 600 hours were transferred from Thai Traditional Medical Services Society in Bangkok, Thailand. 18. Thai Traditional Medical Services is not accredited and is not a bona fide school that has been approved by the City. 19. Pomjie did not provide proof that she has at least two years of full-time experience working as a massage therapist at a licensed therapeutic massage enterprise or other licensed business approved by the City. 20. The Chief of Police recommends denial of the Massage Therapist License to Barbie Pomjie due to: (a)Pomjie's lack of affiliation with, employment by, or ownership of a therapeutic massage enterprise licensed by the City or a salon licensed by the state; (b) Pomjie's failure to fully and completely to provide all of the information required by the application form, specifically proof of her immigration/employment status; and(c)Pomjie's failure to provide proof that she has completed 600 hours of certified therapeutic massage training from a bona fide school that has been approved by the City, or has at least two years of full-time experience working as a massage therapist at a licensed therapeutic massage enterprise or other licensed business approved by the City. Yun Fang Wang 21. Wang applied to the City of Eden Prairie for a Massage Therapist License to work at Min Jin LLC d/b/a Spanut Wellness Center. 22. Min Jin LLC d/b/a Spanut Wellness Center is not a therapeutic massage enterprise licensed by the City or a salon licensed by the state. 23. With her Therapist License Application, Wang provided documentation indicating that she completed 600 hours of massage training at L.A. Beauty &Massage School in Richfield, Minnesota. Wang's transcript,however, indicated that 375 of the 600 hours were transferred from The People's Republic of China Massage Course. 24. The People's Republic of China Massage Course is not accredited and is not a bona fide school that has been approved by the City. 25. Wang did not provide proof that she has at least two years of full-time experience working as a massage therapist at a licensed therapeutic massage enterprise or other licensed business approved by the City. 26. The Chief of Police recommends denial of the Massage Therapist License to Yun Fang Wang due to: (a) Wang's lack of affiliation with, employment by, or ownership of a therapeutic massage enterprise licensed by the City or a salon licensed by the state; and(b)Wang's failure to provide proof that she has completed 600 hours of certified therapeutic massage training from a bona fide school that has been approved by the City, or has at least two years of full-time experience working as a massage therapist at a licensed therapeutic massage enterprise or other licensed business approved by the City. CONCLUSIONS OF LAW Jing An 1. An has not complied with City Code Section 5.46, Subdivision 4.A due to her failure to fully and completely provide all of the information required by the application. 2. City Code Section 5.46, Subdivision 6.B.1.f prohibits issuance of a Therapist License to An because she is not affiliated with, employed by, or does not own a therapeutic massage enterprise licensed by the City or a salon licensed by the state pursuant to Minnesota State Statute 155A.29. 3. City Code Section 5.46, Subdivision 6.B.1.h prohibits issuance of a Therapist License to An because she has failed to provide proof that she has completed six hundred (600) hours of certified therapeutic massage training from a bona fide school that has been approved by the City, or has at least two (2) years of full-time experience working as a massage therapist at a licensed therapeutic massage enterprise or other licensed business approved by the City. 4. City Code Section 5.46, Subdivision 6.B.1.m prohibits issuance of a Therapist License to An because she did not provide all information required by the license application. Barbie Pomjie 5. Pomjie has not complied with City Code Section 5.46, Subdivision 4.A due to her failure to fully and completely provide all of the information required by the application. 6. City Code Section 5.46, Subdivision 6.B.1.c prohibits issuance of a Therapist License to Pomjie because she is not a citizen of the United States or a resident alien and she has failed to provide proof that she not legally prohibited from working in the United States. 7. City Code Section 5.46, Subdivision 6.B.1.f prohibits issuance of a Therapist License to Pomjie because she is not affiliated with, employed by, or does not own a therapeutic massage enterprise licensed by the City or a salon licensed by the state pursuant to Minnesota State Statute 155A.29. 8. City Code Section 5.46, Subdivision 6.B.1.h prohibits issuance of a Therapist License to Pomjie because she has failed to provide proof that she has completed six hundred(600) hours of certified therapeutic massage training from a bona fide school that has been approved by the City, or has at least two (2) years of full-time experience working as a massage therapist at a licensed therapeutic massage enterprise or other licensed business approved by the City. 9. City Code Section 5.46, Subdivision 6.B.1.m prohibits issuance of a Therapist License to Pomjie because she did not provide all information required by the license application. Yun Fang Wang 10. Wang has not complied with City Code Section 5.46, Subdivision 4.A due to her failure to fully and completely provide all of the information required by the application. 11. City Code Section 5.46, Subdivision 6.B.1.f prohibits issuance of a Therapist License to Wang because she is not affiliated with, employed by, or does not own a therapeutic massage enterprise licensed by the City or a salon licensed by the state pursuant to Minnesota State Statute 155A.29. 12. City Code Section 5.46, Subdivision 6.B.1.h prohibits issuance of a Therapist License to Wang because she has failed to provide proof that she has completed six hundred(600) hours of certified therapeutic massage training from a bona fide school that has been approved by the City, or has at least two (2) years of full-time experience working as a massage therapist at a licensed therapeutic massage enterprise or other licensed business approved by the City. 13. City Code Section 5.46, Subdivision 6.B.1.m prohibits issuance of a Therapist License to Wang because she did not provide all information required by the license application. ORDER Based on the foregoing Findings of Fact and Conclusions of Law, the City Council hereby orders that: 1. The application for a Massage Therapist License filed by Jing An is hereby denied. 2. The application for a Massage Therapist License filed by Barbie Pomjie is hereby denied. 3. The application for a Massage Therapist License filed by Yun Fang Wang is hereby denied. ADOPTED BY THE CITY COUNCIL this 19th day of February, 2019. Ronald A. Case, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar February 19, 2019 DEPARTMENT/DIVISION: ITEM DESCRIPTION: #16-5943 ITEM NO.: Carter Schulze Approve Railroad Crossing Signal Agreement VIII.E. Public Works/Engineering No. 18-1 with Twin City&Western Railroad Company for the Quiet Zone Project Requested Action Move to: Adopt resolution approving Railroad Crossing Signal Agreement No. 18-1 with Twin City&Western Railroad Company for the Quiet Zone Project. Synopsis This Agreement provides for the installation and maintenance of at-grade railroad crossing safety improvements including, but not limited to, signals, gates and constant warning time detectors at West 62nd Street& Bike Path, Birch Island Road, Eden Prairie Path Crossing and Valley View Road for the establishment of a Railroad Quiet Zone in Eden Prairie. Background In 2016, a Railroad Quiet Zone Assessment for Eden Prairie was completed. The assessment identified options to improve safety of at-grade rail crossings and to minimize the impacts of train horn noise throughout the community. The assessment included the following crossings: • West 62nd Street • Birch Island Road • Valley View Road • Unofficial crossing east of Valley View Road connecting Duck Lake Road and the Eden Prairie High School. During the 2017 Legislative session, a bill was passed to provide $1,400,000 in state funding for rail grade crossing improvements, which will enable the establishment of a railroad quiet zone through Eden Prairie. The City will enter into a General Obligation Bond Proceeds (GO Bond) Agreement with MnDOT for the purpose of designing and constructing railroad crossing safety devices and associated road and pathway improvements and this TC&W agreement will be an exhibit to that GO Bond agreement. The TC&W project will be funded with the grant proceeds. Attachments Resolution Railroad Crossing Signal Agreement No. 18-1 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2019-32 APPROVE RAILROAD CROSSING SIGNAL AGREEMENT NO. 18-1 WITH TWIN CITY &WESTERN RAILROAD COMPANY FOR THE QUIET ZONE PROJECT I.C. 16-5943 WHEREAS, the City of Eden Prairie is preparing construction plans and specifications for the rail grade crossing safety devices and associated road and pathway improvements at West 62nd Street& Bike Path, Birch Island Road, Eden Prairie Path Crossing and Valley View Road; and WHEREAS, safety improvements to road and rail at these four crossings are necessary to establish a Railroad Quiet Zone; and WHEREAS, the City will be entering into a General Obligation Bond Proceeds Grant Agreement with MnDOT that will provide funding for the road and rail safety improvements; and WHEREAS, this agreement will be included as an exhibit to the General Obligation Bond Proceeds Grand Agreement. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council that said Railroad Crossing Signal Agreement No. 18-1 for City Project 16-5943 is hereby approved and the Mayor and City Manager are authorized to execute the Agreement on behalf of the City of Eden Prairie. ADOPTED by the Eden Prairie City Council on February 19, 2019. Ronald A. Case, Mayor ATTEST: SEAL Kathleen Porta, City Clerk City Agreement No. 18-1 RAILROAD CROSSING SIGNAL AGREEMENT City Project Number: 5943-16 Location: Eden Prairie, Hennepin County, MN Railroad: TWIN CITY&WESTERN Total City Obligation: $ 722,931.87 RAILROAD COMPANY Total Railroad Obligation: $ 0.00 This agreement ("Agreement") made and entered into by and between the City of Eden Prairie ("City"), and the Twin Cities&Western Railroad Company ("Company"). RECITALS 1 West 62nd Street& bike path, Birch Island Road, Valley View Road and Eden Prairie Path Crossing as now established, all cross the track of the Company at grade in Eden Prairie, Hennepin County, MN, the location of the crossing and railway track shown on the attached prints, marked Exhibit A-1, A-2, and A-3. 2 The City and the Company desire the upgrade of existing signal/gate equipment at West 62nd Street& bike path, Birch Island Road, and Valley View Road and walking path, and the installation and maintenance of railroad signals, gates, and constant warning time detectors at West 62nd Street& bike path, Birch Island Road, Eden Prairie Path Crossing, and Valley View Road. These grade crossings will be provided with new railroad flashing light signals, gates,side lights, constant warning circuitry and LED lenses ("Project"), and the Company is willing to install, maintain and operate such signals upon the terms and conditions set forth in this Agreement. In addition the City will replace the at-grade crossing surface at Birch Island Road. 3 A portion of the funds required for the Project will be provided by the United States to the State which will make the funds available to the City and are included in a General Obligation Bond Proceeds Grant Agreement with the Minnesota Department of Transportation. The State, pursuant to Minnesota Statute Section 161.36, is authorized to accept federal moneys and other moneys, either public or private, for and in behalf of the State of the City, for the construction, improvement, enhancement, or maintenance of transportation upon such terms and conditions as are or may be prescribed by the laws of the United States and any regulations made thereunder, and is authorized to act as an agent of the City upon its request in accepting the moneys in its behalf for transportation purposes, in acquiring right-of-way therefor, and in contracting for the construction, improvement, enhancement, or maintenance of transportation financed either in whole or in part by federal moneys. 4 The City pursuant to Minn. Stat. §412.211 and §412.221, Subd 2 is authorized to enter into contracts including the acquisition of personal property, as deemed necessary or desirable to make effective any power possessed by the City Council. 5 The State, pursuant to Minn. Stat. §219.26, has reviewed the proposed selection of warning devices for the railroad grade crossing and has determined that the proposed selection is appropriate for the crossing. 6 The City is entering into a General Obligation Bond Proceeds Grant Agreement with the Minnesota Department of Transportation, hereinafter referred to as the "Grant" for the purpose of(1) design, construct, and equip new passive and active rail grade crossing safety devices, including associated road and pathway improvements, at existing and proposed highway-rail grade crossings, and pathway-rail grade crossings; or(2) replace existing highway-rail grade crossings.This Agreement is entered into in order to carry out the purpose for which the Grant was allocated. 7 This Agreement meets the requirements of Rev. Proc. 97-13, 1997-1 CB 632, so that the Agreement does not result in "private business use" under Section 141(b) of the United States Code. OS(C;)TVS TCW 02/11/2019 1 City Agreement No. 18-1 8 This Agreement is subject to approval in writing by the Minnesota Commissioner of Management and Budget, ("MMB"). AGREEMENT TERMS 1. Term of Agreement,Survival of Terms and Incorporation of Exhibits 1.1. Effective Date: This Agreement will be effective on the date City obtains all required signatures of the Mayor and City Manager under Minn. Stat. §412.691. Company shall not begin work under this Agreement until this Agreement is fully executed and Company has been notified in writing by City's Project Manager to begin the work. 1.2. Expiration Date: This Agreement will expire four years after this Agreement is fully executed, or when all obligations have been satisfactorily fulfilled, whichever occurs first, except for the maintenance obligations in 3.1, 3.2 and 3.3 which shall survive the expiation of this Agreement. The City will not pay for work after the expiration of the Agreement.The Company agrees to complete such work at its own expense. 1.3. Survival of Terms: All clauses which impose obligations continuing in their nature and which must survive in order to give effect to their meaning will survive the expiration or termination of this Agreement, including, but not limited to the following clauses: 3. Future Responsibility; 6.3 State Audits; 6.5 Data Disclosure; 6.6 Government Data Practices; and 6.11 Governing Law,Jurisdiction and Venue. 1.4. Exhibits: Exhibits A through C are attached and incorporated into this Agreement. 'Exhibit A' Location Prints; 'Exhibit B' Detailed Cost Estimate; and 'Exhibit C'Title VI Non- Discrimination Provisions. 2. Scope of Work 2.1. Work Performance 2.1.1. The Company shall furnish all material for and install a complete railroad crossing signal system with flashing light signals, side lights, gates, constant warning circuitry and LED lenses at the locations indicated on Exhibit "A".The Company or its Contractor shall place the signals in accordance with Part 8 of the Minnesota Manual on Uniform Traffic Control Devices (MMUTCD). 2.1.2. The City shall submit detailed plans and specifications for the work to be done to the Company, the City and the State of Minnesota per Minnesota Rule 8830.2125 for approval, prior to starting work. 2.1.3. The Company may contract any or all of the work included under the Agreement. (a) If the contracted work costs less than $10,000,the Company shall provide a detailed invoice of work performed by the contractors (b) If the contracted work costs $10,000 or more,the Company shall: i. Have prior approval of the City; ii. Enter into a written contract with the contractor; an existing continuing contract under which the Company has the same kind of work regularly performed at the Company's cost may be considered to conform to the requirements of this section if the City determines that the costs are reasonable; and iii. Provide a copy of the continuing contract or individual contract used for work under the Agreement. OS(C:)TVS TCW 02/11/2019 2 City Agreement No. 18-1 2.1.4. The Company shall own the materials and electrical equipment required to be removed and dispose of the materials and equipment in accordance with all applicable laws and regulations. If the Company determines that some or all of the removed materials and electrical equipment are satisfactory for reuse, the Company may salvage and reinstall at another location in the State of Minnesota or stockpile selected components for future purposes. 2.1.5. The requirements of the "Buy America" provisions in 23 U.S.C. 313 and 23 CFR 63 5 .410 are applicable to this Agreement. If the Company uses steel or iron as part of its work, and the cost of that steel or iron is more than 0.1 percent of the total project cost or$2,500 (whichever is greater), Company shall use steel or iron melted or manufactured in the United States. Materials that have been removed from the United States for any process (e.g., change of chemical content, shape, size, or finish) are not considered domestic materials. 2.2. Inspection, Standard of Performance 2.2.1. Applicable standards for railroad grade crossing construction consist of standards and regulations in AASHTO,AREMA, FHWA, Minnesota MUTCD, Minn. Stat. §219 and Minn. Rules §8830. 2.2.2. The Company shall have the signals placed in service within 18 months after the date the Company is authorized to begin work. If the Company determines it is not possible to place signals in service within 18 months,the Company shall notify the City of a time extension and indicate the reason for such extension. 2.2.3. The Company shall permit the City to inspect and approve the work performed under this Agreement during the regular working hours of the Company with prior notice. 2.2.4. The Company shall notify the City in writing of the date when signals are in service. When signals are in service, representatives of the City, State and the Company shall conduct a joint inspection of the work. 2.2.5. The City may refuse to approve any and all work performed under this Agreement for failure to comply with applicable standards for work of that type. If the City fails to approve the work performed under this Agreement, the City may refuse to make any further payments under this Agreement until the work at issue is performed in accordance with acceptable standards for work of this type and the work is approved by the City. 2.2.6. The company shall notify the City in writing of the date when all work is completed. 2.2.7. The company shall notify the State of Minnesota when the signal(s) are placed into service for the issuance of revised operating licenses per Minnesota Rule 8830.2150 2.3. Traffic Control 2.3.1. The City shall be responsible for all traffic control and schedule coordination with the Company as may be required to install the signal system covered under this Agreement. Where work on or near the traveled roadway is necessary, proper traffic signs, channelizing devices, warning lights, and barricades will be erected to protect traffic, employees, and pedestrians.All traffic control devices and methods will conform to the Minnesota Field Manual on Temporary Traffic Control Zone Layouts, Minnesota Manual on Uniform Traffic Control Devices (MMUTCD), Minnesota Standard Sign Manual, and the provisions and requirements of the City. 2.3.2. The Company shall provide 48 hours of notice to the City of the need for any traffic control on the roadway due to railroad work. 2.3.3. The City shall coordinate with the Company if there is a need for a road detour in connection with the installation of the signal system prior to the starting dates. oS(C:)TVS TCW 02/11/2019 3 City Agreement No. 18-1 2.4. Approach Work and Sidewalks. 2.4.1. The City shall be responsible for adjusting any roadway, sidewalk or bike trail to accommodate the installation of new railroad crossing signals at the sole expense of the City. 3. Future Responsibility 3.1. Maintenance 3.1.1.The Company shall maintain and operate, at the expense of the Company,the signal system upon completion of installation, provided, however that the Company's agreement herein to operate and maintain the signal system will not prejudice the Company from having the benefit and advantage of Federal,State, or other public funds that may become available to pay or contribute to the cost of operation and maintenance of signal systems at highway railroad grade crossings. 3.2. Advance Signing and Pavement Markings 3.2.1.Subsequent to the installation of the signal system,the City agrees to install or have installed, as may be needed, appropriate advance warning signs, other supplemental signs and pavement markings and remove signs that are no longer needed, in accordance with the Minnesota Manual on Uniform Traffic Control Devices(MMUTCD). 3.3. Future Modifications or Removal 3.3.1. The signal system provided for in this Agreement is the property of the City and will not be removed unless there has been a determination by the Company or the Minnesota Department of Transportation that the signal system is no longer required at this location. If the signal system is to be removed, the Company shall notify the City of the removal date. 3.3.2. The Company shall bear the entire cost of the modification without contribution from the City if railway improvements necessitate a rearrangement of the signal system at the crossings. 3.3.3. The City shall bear the entire cost of the modification without contribution from the Company if highway improvements necessitate a rearrangement of the signal system at the crossings. 4. Billing and Payment 4.1. Cost Estimate.The City and Company have agreed upon an estimated cost for the installation of the signal systems to be installed by the Company's contractor. Estimated Signal Cost 100%City—DOT#393274K-West 62nd Street $172,540.77 100%City—DOT#393276Y- Birch Island Road $172,540.77 100%City—DOT#393279U -Valley View Road $205,309.56 100%City—DOT#972695V- Eden Prairie Path Crossing $172,540.77 Total Estimated Cost per contractor estimates $722,931.87 In addition to the costs charged by the contractor,the City agrees to pay to the Company the sum of$5,000 per location for the Company's coordination and supervision of the contractor's work, testing of the signals after installations are complete,and legal/administration services.This amount is in addition to the Company's charges for flagging trains. 4.2. Work Changes. In the event it is determined that a change from the statement of work to be performed by the Company, as outlined in paragraph 2.1, is required, it will be authorized only by an amendment to this Agreement executed prior to the performance of the work involved in the change. os(c:)TVS TCW 02/11/2019 4 City Agreement No. 18-1 4.3. Reimbursement 4.3.1.The City shall pay the Company only for such items of work and expense as are proper and eligible for payment. Only materials actually incorporated into the project will be eligible for reimbursement.Actual costs include taxes, such as applicable sales and use taxes,gross receipts taxes, business and occupation taxes, and similar taxes. Payments will be made in accordance with the following: (a) City shall make payments in accordance with Minnesota Statutes §412.271. (b) Invoices for labor and materials ("partial invoices") may be submitted on a periodic basis during the term of the project, but not more frequently than once per month.These valid partial invoices will be paid 30 days from the date they are received by the City. (c) Partial invoices that are not approved due to disputed items will be returned to the Company with a request for an explanation for any disputed items. If the dispute is resolved, the City shall pay the Company within 30 days of receiving a corrected invoice. The City may pay the non-disputed portion of any disputed invoice. (d) Partial invoices must be based on actual (not estimated) costs incurred. Partial invoices need not be itemized, but City must be able to substantiate costs by checking the Company's records. (e) Final invoices must be submitted within 120 days of the completion of the reimbursable railroad work. Invoices submitted after this date, and less than one (1)year after the last activity on the project will not be paid, unless good cause is shown for the delay in the submission of the invoice. In accordance with federal regulations, 23 CFR 140.922, any final invoice received more than one (1)year after the last reimbursable railroad work will not be paid. (f) The final invoice will be a detailed, itemized statement of all items of work performed by the Company, as shown in the appropriate exhibit or exhibits attached to this Agreement and should be marked "Final Invoice". (g) The City shall inspect and approve the work prior to payment of the final invoice. Subsequently, the final invoice will be forwarded for audit by the City, in accordance with the requirements of state and federal laws and regulation.The Company shall keep account of its work in such a way that accounts may be readily audited. In the event that any amount previously paid to the company is in excess of the actual cost determined by audit, the Company, upon notice from the City, shall within 30 days pay to the City the difference. Conversely, in the event that any amount previously paid to the Company is less than the actual costs determined by audit, the City shall pay the actual costs due within 30 days of the determination of the actual costs of the work. (h) All invoices will be addressed as follows: Robert Ellis, Director of Public Works City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 4.4. Overrun of estimated costs with no work changes. If it appears to the Company, at any time subsequent to the date of this Agreement and prior to the final completion of such work, that the actual cost of the project will exceed the estimated cost, the Company shall send written request for approval to the City. The request will explain the reasons for the additional costs and the amount of the costs. 4.4.1. If the Overrun will be less than 20%of the Original Estimated Cost and City approves such request, City will encumber additional funds and then issue a notice to proceed. OS(C:)TVS TCW 02/11/2019 5 City Agreement No. 18-1 4.4.2. If the overrun is equal to or greater than 20%of the estimated cost, an amendment to the Agreement is required prior to proceeding with the work. If City approves such request, City will encumber additional funds and then issue a notice to proceed. Any additional expenses incurred by the Company prior to receiving notice to proceed may not be reimbursed by City. 5. Project Contacts 5.1. City's Project Manager. City's Project Manager will be: Name/Title: Robert Ellis/ Director of Public Works Address: 8080 Mitchell Road, Eden Prairie, MN 55344 Telephone: 952-949-8310 E-Mail: rellis@edenprairie.org 5.2. Company's Project Representative. Company's Project Representative will be: Name/Title:Tim Jeske Address: 2925- 12th Street East Glencoe, MN 55336 Telephone: 3 20-864-7 214 E-Mail: tjeske@TCWR.NET 6. General Terms 6.1. Assignment of Receivables. Any party to this Agreement may assign any receivables due them under this Agreement, provided, however, such assignments will not relieve the assignor of any of its rights or obligations under this Agreement. 6.2. Amendments,Waiver, Merger and Counterparts.Any amendments to this Agreement must be in writing and executed by the same parties who executed the original Agreement, or their successors in office and MMB. Failure of a party to enforce any provision of this Agreement will not constitute or be construed as, a waiver of such provision or of the right to enforce such provision.This Agreement contains all prior negotiations and agreements between the Company and the City. No other understandings, whether written or oral, regarding the subject matter of this Agreement will be deemed to exist or to bind either or both of the parties.This Agreement may be executed in one or more counterparts, each of which will be deemed to be an original, but all of which together will constitute one and the same Agreement. 6.3. State Audits. Under Minn. Stat. §16C.05, subd. 5,the Company's books, records,documents, and accounting procedures and practices relevant to this Agreement are subject to examination by the State and/or the State Auditor or Legislative Auditor,as appropriate,for six years after completion of the installation of the signal systems under this Agreement. 6.4. Liability. Each of the parties is responsible for its own acts and omissions. City's and State's liability is governed by Minn. Stat. Chapter 466. 6.5. Data Disclosure. Under Minnesota Statutes Section 270C.65, and other applicable law,the Company consents to disclosure of its social security number,federal employer tax identification number, and/or Minnesota tax identification number, already provided to the City, State,to federal and state tax agencies and state personnel involved in the payment of state obligations.These identification numbers may be used in the enforcement of federal and state tax laws which could result in action requiring the Company to file state tax returns and pay delinquent state tax liabilities, if any. 6.6. Government Data Practices. oS(C:j TVS TCW 02/11/2019 6 City Agreement No. 18-1 6.6.1 The Company understands and agrees that the Minnesota Data Practices Act, Minnesota Statutes Chapter 13 (the "Act") regulates the collection, creation, storage, maintenance, dissemination and access to government data held by government entities. In the event that government data is disseminated to the Company as a result of this Agreement, and the Company receives a request to release such government data, the Company agrees to promptly notify the City of the request.The City shall give the Company instructions concerning the release of said data to the requesting party before the data is released; however, the Company does not waive any right it may have under the Act or under other applicable law to refuse to produce the data or limit its production. The City shall reimburse the Company for its actual, reasonable and verifiable costs in complying with the Act. 6.6.2 The City understands and agrees that certain data that the Company may provide to the City under this Agreement is information that the Company considers to be confidential, proprietary, trade secret or security information that should not be made accessible to the public. If the City receives a request to release any information the Company has provided the City or which the City has otherwise received or created regarding the Company, its business or its operations,the City agrees to promptly notify the Company of the request. The Company shall give the City instructions concerning the release of the data to the requesting party before any such data is released by the City.The City acknowledges and agrees that by entering into this Agreement the Company is not waiving and will not waive any rights it may have under the Act or under other applicable law to refuse to produce data or to limit its production and the City will respect the Company's instructions with respect to any request to release such data,to the extent legally permitted, in order to protect the Company's confidential, proprietary,trade secret and security information.The City agrees to reimburse the Company for its actual, reasonable and verifiable costs in complying with the Act and in protecting its proprietary, trade secret and security information as permitted by the Act. 6.7. Workers Compensation.The Company shall require its contractors to present proof of coverage under the Minnesota Workers Compensation Act.The Company's employees and agents will not be considered City employees. Any claims arising under workers compensation laws and any claims made by a third party as a consequence of the acts or omissions of the Company, its agents, employees or contractors are in no way the responsibility of the City. 6.8. Non Discrimination. If the Company enters into an agreement with a contractor, to perform all or any portion of the Company's work set forth in this Agreement,the Company for itself, its assigns and successors in interest, agrees that it will include the nondiscrimination provisions set forth in "Exhibit C". 6.9. Disadvantaged Business Enterprise.The disadvantaged business enterprise requirements of 49 CFR 26, apply to this Agreement.The Company shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of contracts under this Agreement. Failure to carry out the above requirements constitutes breach of this Agreement, and may result in termination of the Agreement by the City, and possible debarment from performing other contractual services with the Federal Department of Transportation. 6.10. Governing Law,Jurisdiction and Venue. Minnesota law, without regard to its choice-of-law provisions, governs this Agreement. Venue for all legal proceedings arising out of this Agreement, or its breach,will be in the appropriate state or federal court with competent jurisdiction in Hennepin County, Minnesota. 6.10.1. Termination. This Agreement may be terminated by the City in the event of a default hereunder by the Company or in the event that the specific purpose for which the Grant was allocated is terminated or OS(C:)TVS TCW 02/11/2019 7 City Agreement No. 18-1 changed. 6.10.2. Tax Exempt Obligation.The parties shall, upon direction by the Commissioner of Management and Budget, take such actions and furnish such documents to the Commissioner of Management and Budget as the Commissioner of Management and Budget determines to be necessary to ensure that the interest to be paid on the G.O. Bonds is exempt from federal income taxation. 6.10.3. Liens and Encumbrances. Company is prohibited from creating or allowing any lien or encumbrance that is prior and superior to the Declaration to be created on or imposed upon the Real Property or, if applicable, Facility, whether such lien or encumbrance is voluntary or involuntary and including but not limited to a mechanic's lien or a mortgage lien,without the prior written consent of the State Entity and the Commissioner of Management and Budget. Workforce Reporting. Company shall to list any vacant or new positions it may have with state workforce centers as required by Minn. Stat. § 116L.66, Subd. 1,as it may be amended, modified or replaced from time to time,for the term of this Agreement. OS(C:)TVS TCW 02/11/2019 8 � � City Agreement No. 18-1 7�jj%;/xU C /�+/ �� � COMPANY CITY OFEDEN PRAIRIE Company certifies that the appropriate pemun(s) have executed the contract un behalf uf Company as Signed: required by applicable articles, bylaws urresolutions. ~ Title: MAYOR Signed. " U Date: Title: Date: � Signed: Title: CITY MANAGER Date: City Agreement No. 18-1 OS(C:)TVS TCW 02/11/2019 10 City Agreement No. 18-1 EXHIBIT A-1 OVERALL LOCATION PRINT % BoulderCreek Palk _ Fairwood La o Cu1N% '44 c 4 } P 1 Williams La Barrington CI Add Virtorl,a '1�c • --� O° 4 Town r 393274K =TownllneRd== Ch)o-rY UT L r,�j ` N Eden Dr 2 mCZ-a g � %p Gaycross Way [7 m S Eden Dr�c S. Q� o' ame •• o 8Rshry La R Cz, a • Birch Island Park ❑ HManorhd w N Lund Rd Roshc.Hills Park 'd U 6irdr Iffi jg Manor Rd N S Lund Rd f6 V9 Le , h45 L Ed Prairie o` W 66th St �' m s Mai..Rd i Kurtz Gir 3932?6Y re J a t° a' '2,4 Ztia Broil Island Rd f Fares[h'dk Park f v m a. "� r Eden Valet'Park -" i ' L w E' n a v a ¢ a ,,d E 4. 6ahse_ •0s 4e z g' p — ,y Z Holly Rd m F3ayx.,�d La 4y 4 3 oE. ntta ev'P It is ,may cc m Sit• La Y� Crown Dr I y"t,sfrsa P4 e 4�+ 5 .a m 5 Shp o v` H'NCrexF Ca Spdngl>ill❑r - Karl' to La* FUNnast et `ri �. n Aaaelka Dr a Ct �, 7)- � Forest Hill Rd:� m Rosaiia La Cr r& U n Y 3932?911.972G95V SHillcrest Co °o `S• (66, e Edenvale Park ' .T C' z i. �`�e n �& mac e ti ve '�et' a. `P5 Franklin Crr Srafiar t_a 2 m ,... r ! C Edenva4 Park Alb r Valley vi ax Rrr 3 x City Agreement No. 18-1 EXHIBIT A-2 West 62nd Street • �,rit=iirlioa.'1.- K 1 1 * .jl:• q- - 'A, _x, - 11•Zti.i.+' , .7 _ T-EET r .- -- � qp EIMCIII- 1 �000 - .a soo \0 /0?27fl . / . . 1 . N., ',Are 'It!, I- . - , • 1 , 4„, ,,,, . / "r ar. I -. City Agreement No. 18-1 EXHIBIT A-4 Valley View Road 1e ill • • • .Y.ire• wL %. • �� r .ttj ' r' : v - .y 100� \\ -. :• .fA y}Y- . .e \ 17.0 14 -• • f rr v�,' �, ?, • • 17.1 f 9 ti. ty • ..• . . •,..... • ' • %A \ • 7 �.. ► • \\ Je • 1 F _ �� ;0.4'� „{gyp••• S' • ,, ;o.'e �+ 1M sr i Y il(. e , y r"•• {, '. N r }� _arc, 8,5 Y«- va.;0 fire s i. 1 City Agreement No. 18-1 EXHIBIT A-5 Eden Prairie Path Crossing ig 1 - 4, �� L -'� 4- v Jam' , ....* , .' kl '' , .lY , ....t." , i//: iii •AG • ", I , Ir lot/ `r , 1 1 I 1 i '' • a 1 :t1 ••`....-.„,-;..0' .,- • - ,:,:,,,,- •-,4•4441 .1 10) Jr�� J 1` I a I zA ; MM� - . IIi Y ' I tlts IL 11 III C11 0- A I ` ' 1--- - rri--- t— Ir i P roj r e s s Rail Company Address 11209 Electron Drive Louisville,KY 40299 A Caterpillar Company Quote Information Quote Number 00046534 Prepared By Ed Saam Quote Name Eden Prairie,MN Birch Island Rd.-DOT Email esaam@progressrail.com 393276Y-00046534 Created Date 8/1/2018 Account Twin Cities&Western Railroad Contact Name Tim Jeske Phone (320)864-7214 Email tjeske@tcwr.net Fax (320)864-7220 Quote Line Items QTY U/M Line Description Sales Price Total Price 1.00 LOT Crossing signal material and installation-Birch Island Rd.-DOT 393276Y USD 172,540.77 USD 172,540.77 Grand Total USD 172,540.77 Shipping Information and Notes Shipping Info. Shipment:60 days ARO. F.O.B.:Origin with prepaid freight to Eden Prairie, MN. Pricing does not include for any increases due to tariffs on steel and aluminum imports imposed by the US Government. These will be assessed if tariffs are applied and prices adjusted accordingly. Terms and Conditions FOB Origin-Prepay Payment Terms Net 30 Remarks -Sales tax is not included. -Pricing and Deliveries are subject to change at the time of order placement. -Quote is based upon the above quantity and specifications.Any changes may affect pricing. -Freight rates are based on time of quotation and are subject to change at time of order placement and at time of shipment. -Acceptance of an order is governed by the Progress Rail Services Sales Order Terms And Conditions which are attached to this quote. To place your order please e-mail your purchase order to Signal.Orders@ProgressRail.com. Thank you for allowing us to be of service. Terms&Conditions Effective as of July 1,2014 PROGRESS RAIL SERVICES SALES ORDER TERMS AND CONDITIONS 1.ACCEPTANCE.These terms and conditions apply 7. SHIPMENT/PASSAGE OF TITLE.All goods to all sales by Progress Rail Services Corporation or one of its shall be shipped FCA Seller's facility(Incoterms®2010). affiliates stated in any related sales order or invoice("Seller") Title to the goods sold hereunder shall pass to Buyer upon issued or approved by such Seller. This is an offer to sell to delivery to the carrier at the point of shipment. Without Buyer by Seller. Seller may revoke this offer at any point up Seller's prior,written permission, neither Buyer nor Buyer's to, an including, acceptance of the goods or services by Buyer. consignee shall have the right to divert or reconsign such BUYER'S RIGHT TO ACCEPT THIS OFFER IS LIMITED shipment to any destination other than specified in the bill of TO THESE TERMS AND CONDITIONS AND ANY lading. Seller reserves the right to select the mode of PRINTED ON SELLER'S SALES ORDER OR INVOICE. transportation. NO TERMS OR CONDITIONS ISSUED BY BUYER ARE 8. PAYMENTS AND LATE CHARGES ON PAST BINDING ON SELLER AND SELLER REJECTS ANY DUE ACCOUNTS. If Buyer fails to comply with any SUCH TERMS OR CONDITIONS, UNLESS provision of the Agreement or fails to make payments pursuant SPECIFICALLY AGREED TO IN WRITING AND SIGNED to the Agreement or any other agreement between Buyer and BY SELLER.THERE ARE NO UNDERSTANDINGS, Seller, Seller may at its option defer shipments or performance TERMS, CONDITIONS OR WARRANTIES NOT FULLY or,without waiving any other rights it may have, terminate this EXPRESSED HEREIN.ACCEPTANCE OF THESE TERMS Agreement without liability.All offers shall be subject to the SHALL BE EVIDENCED BY BUYER'S ACCEPTANCE OF approval of Seller's credit department. Seller reserves the right GOODS OR SERVICES OR UPON BEGINNING OF before making any delivery, or providing any service,to PERFORMANCE BY SELLER. require payment in cash or security for payment, and if Buyer 2. PURCHASE PRICE.The purchase price of the fails to comply with such requirement, Seller may terminate goods or services shall be as stated on Seller's sales order or this Agreement.A late charge of 1'%z% monthly(18%annual invoice (together with these terms and conditions,the rate)or the maximum allowed by state law, if less,will be "Agreement"); provided however,that if Seller announces a imposed on all past due accounts. general price increase,the purchase price shall be revised to 9. CLAIMS BY BUYER. Buyer shall thoroughly include the price increase unless the goods are scheduled for inspect goods and services sold under this Agreement shipment or services are to be performed within thirty days of immediately upon receipt to verify that the such goods and the price increase. services conform to the specifications of the Agreement. 3. LIMITED WARRANTIES. Seller warrants that the Buyer must notify Seller of claims for failure or delay in goods and services sold to Buyer through this Agreement will delivery within ten (10)days after the scheduled delivery comply with agreed upon specifications when performed. date. Buyer must notify Seller of any claims for Seller warrants only its services and does not warrant any nonconforming or defective goods or services within ten (10) goods supplied in performance of the services. However, days after receipt or any claim related to such goods or Seller may assign to Buyer, at Buyer's request and to the services shall be waived. In addition, Seller must be given extent an opportunity to investigate the claim before Buyer disposes they are assignable,warranties applicable to goods or services of the goods or else Buyer's claim will be barred. Seller shall provided by third parties and supplied by Seller in performance incur no liability for damage, shortages, or other cause of the services.The warranties in this Agreement are void and alleged to have occurred or existed at or prior to delivery to shall not apply if in the reasonable judgment of Seller, items on the carrier unless Buyer shall have entered full details thereof which services have been performed or goods supplied in on its receipt to the carrier. performance of the services, have been damaged by improper 10. PERMISSIBLE VARIATIONS.The goods sold application, abuse or neglect, improper maintenance or repair, hereunder shall be subject to standard manufacturing subjected to inappropriate environmental or operational variations, tolerances and classifications of the Seller and in conditions or services by third parties without prior written the industry. authorization from Seller. SELLER MAKES NO OTHER 11.TECHNICAL ADVICE. Buyer represents that it WARRANTIES,AND EXPRESSLY DISCLAIMS ALL has made its own independent determination that the goods OTHER EXPRESS OR IMPLIED WARRANTIES, or services it is purchasing under this Agreement meet all INCLUDING, BUT NOT LIMITED TO,WARRANTIES OF design and specification requirements of Buyer's project and INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A are suitable for Buyer's intended application. Buyer further PARTICULAR PURPOSE OR ANY WARRANTY represents that it has not relied in any respect on any written RELATED TO PERFORMANCE OR TO THE or oral statements or advice from Seller. SUITABILITY OF BUYER FURNISHED DESIGNS, 12.TAXES. No tax imposed in respect of the sale of MODIFICATIONS OR SPECIFICATIONS. the goods or services sold hereunder is included.Any such 4. LIMITATION OF BUYER'S REMEDIES AND tax shall be added to, and paid by Buyer as part of,the SELLER'S LIABILITY. Seller's liability hereunder shall purchase price. be limited to: (1)the assignable warranties referenced above 13. INDEMNITY.To the fullest extent allowable by with respect to goods; (2)re-performance of services; or(3) law, Buyer shall defend, indemnify and hold harmless the allowance of a credit, at its option. Seller's total cumulative Seller and its officers, directors, employees, agents, liability in any way arising from or pertaining to any goods representatives and affiliates from any and all loss, liability, sold or required to be sold, or services performed or required claim, cause of action, cost,judgment, or damages, including to be performed shall NOT in any case exceed the purchase reasonable attorney fees for any personal injury, death, price paid by Buyer for such goods or services. TO THE property damage, or economic loss of any sort, related to any FULLEST EXTENT ALLOWED BY LAW, IN NO EVENT act or omission of the Buyer or use or abuse of the goods by SHALL SELLER HAVE ANY LIABILITY FOR the Buyer or any third party receiving, using or abusing the COMMERCIAL LOSS, LOST PROFITS, CLAIMS FOR goods after Buyer's receipt,without regard to whether any LABOR, OR FOR EXEMPLARY, INDIRECT, loss is based upon breach of contract, breach of warranty, CONSEQUENTIAL OR INCIDENTAL DAMAGES OF negligence, strict liability, or other tort or contract theory or ANY TYPE,WHETHER THE CLAIM BE BASED IN cause of action. CONTRACT, TORT, WARRANTY, STRICT LIABILITY, 14.WAIVER. Failure or inability of either party to NEGLIGENCE, OR OTHERWISE,AND IRRESPECTIVE enforce any right hereunder shall not waive any right in IF SELLER WAS ADVISED OR AWARE THAT SUCH respect to any other or future rights or occurrences. DAMAGES WERE POSSIBLE OR LIKELY. IT IS 15. PERIOD OF LIMITATIONS. Buyer and Seller EXPRESSLY AGREED THAT BUYER'S REMEDIES agree that any action by Buyer against Seller for breach of EXPRESSED IN THIS PARAGRAPH ARE BUYER'S this Agreement, including any action for breach of warranty, SOLE AND EXCLUSIVE REMEDIES. NO DELIVERY or otherwise in connection with the goods or services sold DATES ARE GUARANTEED. BUYER'S SOLE AND under this Agreement, must be commenced by Buyer against EXCLUSIVE REMEDIES AND SELLER'S ONLY Seller within one year after the cause of action accrues. LIABILITY FOR ANY DELAY IN DELIVERY OF 16. SEVERABILITY. In case any provision of this GOODS OR SERVICES SHALL BE LIMITED AS SET Agreement shall be declared invalid, illegal or FORTH HEREIN.THE PROVISIONS OF THIS unenforceable, the validity, legality and enforceability of the PARAGRAPH SHALL SURVIVE THE ACCEPTANCE OF remaining provisions shall not in any way be affected or THE GOODS OR SERVICES SOLD HEREBY OR THE impaired. TERMINATION OF THIS AGREEMENT FOR ANY 17.APPLICABLE LAW.The United Nations REASON. Convention on Contracts for the International Sale of Goods 5. FORCE MAJEURE. In addition to all other (1980)shall not apply to this Agreement.This Agreement shall limitations stated herein, Seller shall be excused for any be governed by, and construed and enforced in accordance failure or delay in the performance of any of its obligations with,the laws of the State of Alabama. Buyer and Seller, each under this Agreement if such failure or delay is due to a as part of the consideration hereof, agree to the exclusive strike, lockout, work stoppage, labor dispute, material venue shortage, utility outage, delay in transportation,fire,flood, and jurisdiction of, and specifically agree that any legal action earthquake, severe weather, act of God, accident, trade brought relating to this Agreement or goods or services sanction, embargo, act of war,terrorism or threats of same; provided will be brought and tried exclusively in the state or condition caused by national emergency, new or changed federal courts serving Marshall County,Alabama. law;failure of suppliers to deliver or meet requirements; 18. COMPLIANCE WITH LAWS. Buyer understands and casualties or breakdown of or damage to plants, equipment, agrees that goods and services sold by Seller, and any or facilities of Seller, any component manufacturer, repair software, facility, or their respective suppliers; breakdown in parts and components contained therein, along with any transportation services; any other act or cause which is related unpredictable and cannot be reasonably avoided; and any act manuals, materials, information or data, including but not or cause which is beyond the reasonable control of Seller, limited to any parts, support or services provided by Seller whether similar to or different from the causes above (collectively,the"Product and Services"), as well as enumerated, and whether affecting Seller or its agents, performance by the parties under this Agreement, are subject subcontractors, or suppliers,for as long as such to circumstances prevail. Seller will undertake, as soon as laws, rules, regulations, directives, ordinances, orders, or practicable,to notify Buyer of any actual or anticipated statutes(the"Laws")of the United States and may be subject failure or delay, and Buyer will use its commercially to the Laws of other, applicable countries(including,without consequences on performance hereunder. The parties shall limitation, Russia). Buyer agrees to comply with such Laws, as remain liable for those obligations under this Agreement not applicable,which may include but are not limited to,the U.S. affected by the force majeure event; provided however,that in Foreign Corrupt Practices Act, UK Bribery Act, anti-bribery the case of a U.S. sanction, embargo, or other trade order or Laws of other countries, U.S. Export Administration rule that would prohibit or otherwise render Seller's Regulations, U.S. International Traffic in Arms Regulations, performance under this Agreement impracticable, Seller shall and Laws administered by the U.S.Treasury Department be excused from the performance of any remaining obligations Office of Foreign Assets Control and U.S. Department of State. under this Agreement and this Agreement terminated,without Buyer agrees to cooperate with Seller to ensure compliance cost or liability, upon written notice by Seller. with the Laws when engaging in activities related to Buyer's 6. BUYER'S OBLIGATION TO PASS ON performance of obligations under this Agreement and further LIMITATION OF WARRANTIES AND REMEDIES. In agrees to indemnify, defend, and hold harmless Buyer, Buyer's order to protect Seller against claims by any purchaser from direct and indirect parent entities and affiliates, and its and their Buyer, if Buyer resells any of the goods or services purchased respective directors, officers, employees, agents, successors, under this Agreement, Buyer shall include the language and assigns, against demands, liabilities,fines, penalties, contained in paragraphs 3 and 4 of these Sales Order Terms losses, and damages(including costs, investigation and and Conditions, dealing with Seller's warranties and limitations litigation expenses and counsel fees incurred in connection of warranties and remedies, in an enforceable agreement with therewith)arising out of or related to Buyer's obligations under Buyer's buyer. Buyer shall also include a provision in its this paragraph. In the event of an enforcement action against agreement with its buyer applying Alabama law to any claims Buyer relating to Buyer's non-compliance with the Laws that its buyer might assert against Seller with respect to goods or reasonably relate to Buyer's performance under this services provided by Seller, and requiring its buyer to bring any Agreement, such action against Seller either in the state or federal courts Buyer shall provide to Seller written notice of such serving Marshall County, in Alabama. Buyer shall defend, enforcement action prior to publication or disclosure of such indemnify and hold Seller harmless from any and all claims, enforcement action, and in no event later than ten (10) causes of action, damages, losses or expenses (including business reasonable attorney's fees)that Seller incurs by reason of days following such enforcement action. Notwithstanding the Buyer's failure to comply with this paragraph.The provisions foregoing, Buyer agrees not to export, reexport, transmit or of this paragraph shall survive the acceptance of the goods or otherwise transfer the goods or services,whether directly or services sold hereby or the termination of this Agreement for indirectly: (i)to any person or entity listed or otherwise any reason. designated as a blocked, prohibited or trade restricted person or party by the U.S. Commerce Department, U.S.Treasury Department, or U.S. Department of State; (ii)for any purpose or use prohibited by the U.S. government, such as for nuclear, chemical, or biological weapons production or proliferation, or (iii)to any destination or transit point subject to trade prohibitions by the U.S. government, as may be amended from time to time, such as the prohibition against transactions or trade with Iran or the Government of Iran. P roj r e s s Rail Company Address 11209 Electron Drive Louisville,KY 40299 A Caterpillar Company Quote Information Quote Number 00046544 Prepared By Ed Saam Quote Name Eden Prairie, MN Ped Crossing-00046544 Email esaam@progressrail.com Created Date 8/1/2018 Account Twin Cities&Western Railroad Contact Name Tim Jeske Phone (320)864-7214 Email tjeske@tcwr.net Fax (320)864-7220 Quote Line Items QTY U/M Line Description Sales Price Total Price 1.00 LOT Crossing material and installation-Ped Crossing USD 172,540.77 USD 172,540.77 Grand Total USD 172,540.77 Shipping Information and Notes Shipping Info. Shipment:60 days ARO. F.O.B.:Origin with prepaid freight to Eden Prairie, MN. Notes Price Includes the Following: Wired/Tested 6 x 6 House (2)Gate Flasher Assemblies W/Galv. Foundations Installation Services AC Meter Services Dress Stone/Fill Materials Reference cost sheet for materials. Railroad Protective Liability Ins. Rail Bonding Materials Conduits Freight Price Excludes the Following: Engineering Services Insulated Joints/Switch Materials Flagging Taxes Pricing does not include for any increases due to tariffs on steel and aluminum imports imposed by the US Government. These will be assessed if tariffs are applied and prices adjusted accordingly. Terms and Conditions FOB Origin—Prepay Payment Terms Net 30 Remarks -Sales tax is not included. -Pricing and Deliveries are subject to change at the time of order placement. -Quote is based upon the above quantity and specifications.Any changes may affect pricing. -Freight rates are based on time of quotation and are subject to change at time of order placement and at time of shipment. -Acceptance of an order is governed by the Progress Rail Services Sales Order Terms And Conditions which are attached to this quote. To place your order please e-mail your purchase order to Signal.Orders@ProgressRail.com. Thank you for allowing us to be of service. Terms&Conditions Effective as of July 1,2014 PROGRESS RAIL SERVICES SALES ORDER TERMS AND CONDITIONS 1.ACCEPTANCE.These terms and conditions apply 7. SHIPMENT/PASSAGE OF TITLE.All goods to all sales by Progress Rail Services Corporation or one of its shall be shipped FCA Seller's facility(Incoterms®2010). affiliates stated in any related sales order or invoice("Seller") Title to the goods sold hereunder shall pass to Buyer upon issued or approved by such Seller. This is an offer to sell to delivery to the carrier at the point of shipment. Without Buyer by Seller. Seller may revoke this offer at any point up Seller's prior,written permission, neither Buyer nor Buyer's to, an including, acceptance of the goods or services by Buyer. consignee shall have the right to divert or reconsign such BUYER'S RIGHT TO ACCEPT THIS OFFER IS LIMITED shipment to any destination other than specified in the bill of TO THESE TERMS AND CONDITIONS AND ANY lading. Seller reserves the right to select the mode of PRINTED ON SELLER'S SALES ORDER OR INVOICE. transportation. NO TERMS OR CONDITIONS ISSUED BY BUYER ARE 8. PAYMENTS AND LATE CHARGES ON PAST BINDING ON SELLER AND SELLER REJECTS ANY DUE ACCOUNTS. If Buyer fails to comply with any SUCH TERMS OR CONDITIONS, UNLESS provision of the Agreement or fails to make payments pursuant SPECIFICALLY AGREED TO IN WRITING AND SIGNED to the Agreement or any other agreement between Buyer and BY SELLER.THERE ARE NO UNDERSTANDINGS, Seller, Seller may at its option defer shipments or performance TERMS, CONDITIONS OR WARRANTIES NOT FULLY or,without waiving any other rights it may have, terminate this EXPRESSED HEREIN.ACCEPTANCE OF THESE TERMS Agreement without liability.All offers shall be subject to the SHALL BE EVIDENCED BY BUYER'S ACCEPTANCE OF approval of Seller's credit department. Seller reserves the right GOODS OR SERVICES OR UPON BEGINNING OF before making any delivery, or providing any service,to PERFORMANCE BY SELLER. require payment in cash or security for payment, and if Buyer 2. PURCHASE PRICE.The purchase price of the fails to comply with such requirement, Seller may terminate goods or services shall be as stated on Seller's sales order or this Agreement.A late charge of 1'/z% monthly(18%annual invoice (together with these terms and conditions,the rate)or the maximum allowed by state law, if less,will be "Agreement"); provided however,that if Seller announces a imposed on all past due accounts. general price increase,the purchase price shall be revised to 9. CLAIMS BY BUYER. Buyer shall thoroughly include the price increase unless the goods are scheduled for inspect goods and services sold under this Agreement shipment or services are to be performed within thirty days of immediately upon receipt to verify that the such goods and the price increase. services conform to the specifications of the Agreement. 3. LIMITED WARRANTIES. Seller warrants that the Buyer must notify Seller of claims for failure or delay in goods and services sold to Buyer through this Agreement will delivery within ten (10)days after the scheduled delivery comply with agreed upon specifications when performed. date. Buyer must notify Seller of any claims for Seller warrants only its services and does not warrant any nonconforming or defective goods or services within ten (10) goods supplied in performance of the services. However, days after receipt or any claim related to such goods or Seller may assign to Buyer, at Buyer's request and to the services shall be waived. In addition, Seller must be given extent an opportunity to investigate the claim before Buyer disposes they are assignable,warranties applicable to goods or services of the goods or else Buyer's claim will be barred. Seller shall provided by third parties and supplied by Seller in performance incur no liability for damage, shortages, or other cause of the services.The warranties in this Agreement are void and alleged to have occurred or existed at or prior to delivery to shall not apply if in the reasonable judgment of Seller, items on the carrier unless Buyer shall have entered full details thereof which services have been performed or goods supplied in on its receipt to the carrier. performance of the services, have been damaged by improper 10. PERMISSIBLE VARIATIONS.The goods sold application, abuse or neglect, improper maintenance or repair, hereunder shall be subject to standard manufacturing subjected to inappropriate environmental or operational variations, tolerances and classifications of the Seller and in conditions or services by third parties without prior written the industry. authorization from Seller. SELLER MAKES NO OTHER 11.TECHNICAL ADVICE. Buyer represents that it WARRANTIES,AND EXPRESSLY DISCLAIMS ALL has made its own independent determination that the goods OTHER EXPRESS OR IMPLIED WARRANTIES, or services it is purchasing under this Agreement meet all INCLUDING, BUT NOT LIMITED TO,WARRANTIES OF design and specification requirements of Buyer's project and INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A are suitable for Buyer's intended application. Buyer further PARTICULAR PURPOSE OR ANY WARRANTY represents that it has not relied in any respect on any written RELATED TO PERFORMANCE OR TO THE or oral statements or advice from Seller. SUITABILITY OF BUYER FURNISHED DESIGNS, 12.TAXES. No tax imposed in respect of the sale of MODIFICATIONS OR SPECIFICATIONS. the goods or services sold hereunder is included.Any such 4. LIMITATION OF BUYER'S REMEDIES AND tax shall be added to, and paid by Buyer as part of,the SELLER'S LIABILITY. Seller's liability hereunder shall purchase price. be limited to: (1)the assignable warranties referenced above 13. INDEMNITY.To the fullest extent allowable by with respect to goods; (2)re-performance of services; or(3) law, Buyer shall defend, indemnify and hold harmless the allowance of a credit, at its option. Seller's total cumulative Seller and its officers, directors, employees, agents, liability in any way arising from or pertaining to any goods representatives and affiliates from any and all loss, liability, sold or required to be sold, or services performed or required claim, cause of action, cost,judgment, or damages, including to be performed shall NOT in any case exceed the purchase reasonable attorney fees for any personal injury, death, price paid by Buyer for such goods or services. TO THE property damage, or economic loss of any sort, related to any FULLEST EXTENT ALLOWED BY LAW, IN NO EVENT act or omission of the Buyer or use or abuse of the goods by SHALL SELLER HAVE ANY LIABILITY FOR the Buyer or any third party receiving, using or abusing the COMMERCIAL LOSS, LOST PROFITS, CLAIMS FOR goods after Buyer's receipt,without regard to whether any LABOR, OR FOR EXEMPLARY, INDIRECT, loss is based upon breach of contract, breach of warranty, CONSEQUENTIAL OR INCIDENTAL DAMAGES OF negligence, strict liability, or other tort or contract theory or ANY TYPE,WHETHER THE CLAIM BE BASED IN cause of action. CONTRACT,TORT, WARRANTY, STRICT LIABILITY, 14.WAIVER. Failure or inability of either party to NEGLIGENCE, OR OTHERWISE,AND IRRESPECTIVE enforce any right hereunder shall not waive any right in IF SELLER WAS ADVISED OR AWARE THAT SUCH respect to any other or future rights or occurrences. DAMAGES WERE POSSIBLE OR LIKELY. IT IS 15. PERIOD OF LIMITATIONS. Buyer and Seller EXPRESSLY AGREED THAT BUYER'S REMEDIES agree that any action by Buyer against Seller for breach of EXPRESSED IN THIS PARAGRAPH ARE BUYER'S this Agreement, including any action for breach of warranty, SOLE AND EXCLUSIVE REMEDIES. NO DELIVERY or otherwise in connection with the goods or services sold DATES ARE GUARANTEED. BUYER'S SOLE AND under this Agreement, must be commenced by Buyer against EXCLUSIVE REMEDIES AND SELLER'S ONLY Seller within one year after the cause of action accrues. LIABILITY FOR ANY DELAY IN DELIVERY OF 16. SEVERABILITY. In case any provision of this GOODS OR SERVICES SHALL BE LIMITED AS SET Agreement shall be declared invalid, illegal or FORTH HEREIN.THE PROVISIONS OF THIS unenforceable, the validity, legality and enforceability of the PARAGRAPH SHALL SURVIVE THE ACCEPTANCE OF remaining provisions shall not in any way be affected or THE GOODS OR SERVICES SOLD HEREBY OR THE impaired. TERMINATION OF THIS AGREEMENT FOR ANY 17.APPLICABLE LAW.The United Nations REASON. Convention on Contracts for the International Sale of Goods 5. FORCE MAJEURE. In addition to all other (1980)shall not apply to this Agreement.This Agreement shall limitations stated herein, Seller shall be excused for any be governed by, and construed and enforced in accordance failure or delay in the performance of any of its obligations with,the laws of the State of Alabama. Buyer and Seller, each under this Agreement if such failure or delay is due to a as part of the consideration hereof, agree to the exclusive strike, lockout,work stoppage, labor dispute, material venue shortage, utility outage, delay in transportation,fire,flood, and jurisdiction of, and specifically agree that any legal action earthquake, severe weather, act of God, accident, trade brought relating to this Agreement or goods or services sanction, embargo, act of war,terrorism or threats of same; provided will be brought and tried exclusively in the state or condition caused by national emergency, new or changed federal courts serving Marshall County,Alabama. law;failure of suppliers to deliver or meet requirements; 18. COMPLIANCE WITH LAWS. Buyer understands and casualties or breakdown of or damage to plants, equipment, agrees that goods and services sold by Seller, and any or facilities of Seller, any component manufacturer, repair software, facility, or their respective suppliers; breakdown in parts and components contained therein, along with any transportation services; any other act or cause which is related unpredictable and cannot be reasonably avoided; and any act manuals, materials, information or data, including but not or cause which is beyond the reasonable control of Seller, limited to any parts, support or services provided by Seller whether similar to or different from the causes above (collectively,the"Product and Services"), as well as enumerated, and whether affecting Seller or its agents, performance by the parties under this Agreement, are subject subcontractors, or suppliers,for as long as such to circumstances prevail. Seller will undertake, as soon as laws, rules, regulations, directives, ordinances, orders, or practicable,to notify Buyer of any actual or anticipated statutes(the"Laws")of the United States and may be subject failure or delay, and Buyer will use its commercially to the Laws of other, applicable countries(including,without consequences on performance hereunder. The parties shall limitation, Russia). Buyer agrees to comply with such Laws, as remain liable for those obligations under this Agreement not applicable,which may include but are not limited to,the U.S. affected by the force majeure event; provided however,that in Foreign Corrupt Practices Act, UK Bribery Act, anti-bribery the case of a U.S. sanction, embargo, or other trade order or Laws of other countries, U.S. Export Administration rule that would prohibit or otherwise render Seller's Regulations, U.S. International Traffic in Arms Regulations, performance under this Agreement impracticable, Seller shall and Laws administered by the U.S.Treasury Department be excused from the performance of any remaining obligations Office of Foreign Assets Control and U.S. Department of State. under this Agreement and this Agreement terminated,without Buyer agrees to cooperate with Seller to ensure compliance cost or liability, upon written notice by Seller. with the Laws when engaging in activities related to Buyer's 6. BUYER'S OBLIGATION TO PASS ON performance of obligations under this Agreement and further LIMITATION OF WARRANTIES AND REMEDIES. In agrees to indemnify, defend, and hold harmless Buyer, Buyer's order to protect Seller against claims by any purchaser from direct and indirect parent entities and affiliates, and its and their Buyer, if Buyer resells any of the goods or services purchased respective directors, officers, employees, agents, successors, under this Agreement, Buyer shall include the language and assigns, against demands, liabilities,fines, penalties, contained in paragraphs 3 and 4 of these Sales Order Terms losses, and damages(including costs, investigation and and Conditions, dealing with Seller's warranties and limitations litigation expenses and counsel fees incurred in connection of warranties and remedies, in an enforceable agreement with therewith)arising out of or related to Buyer's obligations under Buyer's buyer. Buyer shall also include a provision in its this paragraph. In the event of an enforcement action against agreement with its buyer applying Alabama law to any claims Buyer relating to Buyer's non-compliance with the Laws that its buyer might assert against Seller with respect to goods or reasonably relate to Buyer's performance under this services provided by Seller, and requiring its buyer to bring any Agreement, such action against Seller either in the state or federal courts Buyer shall provide to Seller written notice of such serving Marshall County, in Alabama. Buyer shall defend, enforcement action prior to publication or disclosure of such indemnify and hold Seller harmless from any and all claims, enforcement action, and in no event later than ten (10) causes of action, damages, losses or expenses (including business reasonable attorney's fees)that Seller incurs by reason of days following such enforcement action. Notwithstanding the Buyer's failure to comply with this paragraph.The provisions foregoing, Buyer agrees not to export, reexport, transmit or of this paragraph shall survive the acceptance of the goods or otherwise transfer the goods or services,whether directly or services sold hereby or the termination of this Agreement for indirectly: (i)to any person or entity listed or otherwise any reason. designated as a blocked, prohibited or trade restricted person or party by the U.S. Commerce Department, U.S.Treasury Department, or U.S. Department of State; (ii)for any purpose or use prohibited by the U.S. government, such as for nuclear, chemical, or biological weapons production or proliferation, or (iii)to any destination or transit point subject to trade prohibitions by the U.S. government, as may be amended from time to time, such as the prohibition against transactions or trade with Iran or the Government of Iran. P roj r e s s Rail Company Address 11209 Electron Drive Louisville,KY 40299 A Caterpillar Company Quote Information Quote Number 00046794 Prepared By Ed Saam Quote Name Eden Prairie,MN Valley View Rd. DOT 393279U Email esaam@progressrail.com -00046794 Created Date 8/18/2018 Account Twin Cities&Western Railroad Contact Name Tim Jeske Phone (320)864-7214 Email tjeske@tcwr.net Fax (320)864-7220 Quote Line Items QTY U/M Line Description Sales Price Total Price 1.00 LOT Crossing signal material and installation-Valley View Rd.-DOT 393279U USD 205,309.56 USD 205,309.56 Grand Total USD 205,309.56 Shipping Information and Notes ■ Shipping Info. Shipment:60 days ARO. Notes Price Includes the Following: Wired/Tested 6 x 6 House (2)Gate Flasher Assemblies W/Galv. Foundations (2)PED Gate Assemblies W/Galv.Foundations Installation Services AC Meter Services Dress Stone/Fill Materials Reference cost sheet for materials. Railroad Protective Liability Ins. Rail Bonding Materials Conduits Freight Taxes Price Excludes the Following: Engineering Services Insulated Joints/Switch Materials Flagging Pricing does not include for any increases due to tariffs on steel and aluminum imports imposed by the US Government. These will be assessed if tariffs are applied and prices adjusted accordingly. Terms and Conditions FOB Origin—Prepay Payment Terms Net 30 Remarks -Sales tax is not included. -Pricing and Deliveries are subject to change at the time of order placement. -Quote is based upon the above quantity and specifications.Any changes may affect pricing. -Freight rates are based on time of quotation and are subject to change at time of order placement and at time of shipment. -Acceptance of an order is governed by the Progress Rail Services Sales Order Terms And Conditions which are attached to this quote. To place your order please e-mail your purchase order to Signal.Orders@ProgressRail.com. Thank you for allowing us to be of service. Terms&Conditions Effective as of July 1,2014 PROGRESS RAIL SERVICES SALES ORDER TERMS AND CONDITIONS 1.ACCEPTANCE.These terms and conditions apply 7. SHIPMENT/PASSAGE OF TITLE.All goods to all sales by Progress Rail Services Corporation or one of its shall be shipped FCA Seller's facility(Incoterms®2010). affiliates stated in any related sales order or invoice("Seller") Title to the goods sold hereunder shall pass to Buyer upon issued or approved by such Seller. This is an offer to sell to delivery to the carrier at the point of shipment. Without Buyer by Seller. Seller may revoke this offer at any point up Seller's prior,written permission, neither Buyer nor Buyer's to, an including, acceptance of the goods or services by Buyer. consignee shall have the right to divert or reconsign such BUYER'S RIGHT TO ACCEPT THIS OFFER IS LIMITED shipment to any destination other than specified in the bill of TO THESE TERMS AND CONDITIONS AND ANY lading. Seller reserves the right to select the mode of PRINTED ON SELLER'S SALES ORDER OR INVOICE. transportation. NO TERMS OR CONDITIONS ISSUED BY BUYER ARE 8. PAYMENTS AND LATE CHARGES ON PAST BINDING ON SELLER AND SELLER REJECTS ANY DUE ACCOUNTS. If Buyer fails to comply with any SUCH TERMS OR CONDITIONS, UNLESS provision of the Agreement or fails to make payments pursuant SPECIFICALLY AGREED TO IN WRITING AND SIGNED to the Agreement or any other agreement between Buyer and BY SELLER.THERE ARE NO UNDERSTANDINGS, Seller, Seller may at its option defer shipments or performance TERMS, CONDITIONS OR WARRANTIES NOT FULLY or,without waiving any other rights it may have, terminate this EXPRESSED HEREIN.ACCEPTANCE OF THESE TERMS Agreement without liability.All offers shall be subject to the SHALL BE EVIDENCED BY BUYER'S ACCEPTANCE OF approval of Seller's credit department. Seller reserves the right GOODS OR SERVICES OR UPON BEGINNING OF before making any delivery, or providing any service,to PERFORMANCE BY SELLER. require payment in cash or security for payment, and if Buyer 2. PURCHASE PRICE.The purchase price of the fails to comply with such requirement, Seller may terminate goods or services shall be as stated on Seller's sales order or this Agreement.A late charge of 1'/z% monthly(18%annual invoice (together with these terms and conditions,the rate)or the maximum allowed by state law, if less,will be "Agreement"); provided however,that if Seller announces a imposed on all past due accounts. general price increase,the purchase price shall be revised to 9. CLAIMS BY BUYER. Buyer shall thoroughly include the price increase unless the goods are scheduled for inspect goods and services sold under this Agreement shipment or services are to be performed within thirty days of immediately upon receipt to verify that the such goods and the price increase. services conform to the specifications of the Agreement. 3. LIMITED WARRANTIES. Seller warrants that the Buyer must notify Seller of claims for failure or delay in goods and services sold to Buyer through this Agreement will delivery within ten (10)days after the scheduled delivery comply with agreed upon specifications when performed. date. Buyer must notify Seller of any claims for Seller warrants only its services and does not warrant any nonconforming or defective goods or services within ten (10) goods supplied in performance of the services. However, days after receipt or any claim related to such goods or Seller may assign to Buyer, at Buyer's request and to the services shall be waived. In addition, Seller must be given extent an opportunity to investigate the claim before Buyer disposes they are assignable,warranties applicable to goods or services of the goods or else Buyer's claim will be barred. Seller shall provided by third parties and supplied by Seller in performance incur no liability for damage, shortages, or other cause of the services.The warranties in this Agreement are void and alleged to have occurred or existed at or prior to delivery to shall not apply if in the reasonable judgment of Seller, items on the carrier unless Buyer shall have entered full details thereof which services have been performed or goods supplied in on its receipt to the carrier. performance of the services, have been damaged by improper 10. PERMISSIBLE VARIATIONS.The goods sold application, abuse or neglect, improper maintenance or repair, hereunder shall be subject to standard manufacturing subjected to inappropriate environmental or operational variations, tolerances and classifications of the Seller and in conditions or services by third parties without prior written the industry. authorization from Seller. SELLER MAKES NO OTHER 11.TECHNICAL ADVICE. Buyer represents that it WARRANTIES,AND EXPRESSLY DISCLAIMS ALL has made its own independent determination that the goods OTHER EXPRESS OR IMPLIED WARRANTIES, or services it is purchasing under this Agreement meet all INCLUDING, BUT NOT LIMITED TO,WARRANTIES OF design and specification requirements of Buyer's project and INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A are suitable for Buyer's intended application. Buyer further PARTICULAR PURPOSE OR ANY WARRANTY represents that it has not relied in any respect on any written RELATED TO PERFORMANCE OR TO THE or oral statements or advice from Seller. SUITABILITY OF BUYER FURNISHED DESIGNS, 12.TAXES. No tax imposed in respect of the sale of MODIFICATIONS OR SPECIFICATIONS. the goods or services sold hereunder is included.Any such 4. LIMITATION OF BUYER'S REMEDIES AND tax shall be added to, and paid by Buyer as part of,the SELLER'S LIABILITY. Seller's liability hereunder shall purchase price. be limited to: (1)the assignable warranties referenced above 13. INDEMNITY.To the fullest extent allowable by with respect to goods; (2)re-performance of services; or(3) law, Buyer shall defend, indemnify and hold harmless the allowance of a credit, at its option. Seller's total cumulative Seller and its officers, directors, employees, agents, liability in any way arising from or pertaining to any goods representatives and affiliates from any and all loss, liability, sold or required to be sold, or services performed or required claim, cause of action, cost,judgment, or damages, including to be performed shall NOT in any case exceed the purchase reasonable attorney fees for any personal injury, death, price paid by Buyer for such goods or services. TO THE property damage, or economic loss of any sort, related to any FULLEST EXTENT ALLOWED BY LAW, IN NO EVENT act or omission of the Buyer or use or abuse of the goods by SHALL SELLER HAVE ANY LIABILITY FOR the Buyer or any third party receiving, using or abusing the COMMERCIAL LOSS, LOST PROFITS, CLAIMS FOR goods after Buyer's receipt,without regard to whether any LABOR, OR FOR EXEMPLARY, INDIRECT, loss is based upon breach of contract, breach of warranty, CONSEQUENTIAL OR INCIDENTAL DAMAGES OF negligence, strict liability, or other tort or contract theory or ANY TYPE,WHETHER THE CLAIM BE BASED IN cause of action. CONTRACT,TORT, WARRANTY, STRICT LIABILITY, 14.WAIVER. Failure or inability of either party to NEGLIGENCE, OR OTHERWISE,AND IRRESPECTIVE enforce any right hereunder shall not waive any right in IF SELLER WAS ADVISED OR AWARE THAT SUCH respect to any other or future rights or occurrences. DAMAGES WERE POSSIBLE OR LIKELY. IT IS 15. PERIOD OF LIMITATIONS. Buyer and Seller EXPRESSLY AGREED THAT BUYER'S REMEDIES agree that any action by Buyer against Seller for breach of EXPRESSED IN THIS PARAGRAPH ARE BUYER'S this Agreement, including any action for breach of warranty, SOLE AND EXCLUSIVE REMEDIES. NO DELIVERY or otherwise in connection with the goods or services sold DATES ARE GUARANTEED. BUYER'S SOLE AND under this Agreement, must be commenced by Buyer against EXCLUSIVE REMEDIES AND SELLER'S ONLY Seller within one year after the cause of action accrues. LIABILITY FOR ANY DELAY IN DELIVERY OF 16. SEVERABILITY. In case any provision of this GOODS OR SERVICES SHALL BE LIMITED AS SET Agreement shall be declared invalid, illegal or FORTH HEREIN.THE PROVISIONS OF THIS unenforceable, the validity, legality and enforceability of the PARAGRAPH SHALL SURVIVE THE ACCEPTANCE OF remaining provisions shall not in any way be affected or THE GOODS OR SERVICES SOLD HEREBY OR THE impaired. TERMINATION OF THIS AGREEMENT FOR ANY 17.APPLICABLE LAW.The United Nations REASON. Convention on Contracts for the International Sale of Goods 5. FORCE MAJEURE. In addition to all other (1980)shall not apply to this Agreement.This Agreement shall limitations stated herein, Seller shall be excused for any be governed by, and construed and enforced in accordance failure or delay in the performance of any of its obligations with,the laws of the State of Alabama. Buyer and Seller, each under this Agreement if such failure or delay is due to a as part of the consideration hereof, agree to the exclusive strike, lockout,work stoppage, labor dispute, material venue shortage, utility outage, delay in transportation,fire,flood, and jurisdiction of, and specifically agree that any legal action earthquake, severe weather, act of God, accident, trade brought relating to this Agreement or goods or services sanction, embargo, act of war,terrorism or threats of same; provided will be brought and tried exclusively in the state or condition caused by national emergency, new or changed federal courts serving Marshall County,Alabama. law;failure of suppliers to deliver or meet requirements; 18. COMPLIANCE WITH LAWS. Buyer understands and casualties or breakdown of or damage to plants, equipment, agrees that goods and services sold by Seller, and any or facilities of Seller, any component manufacturer, repair software, facility, or their respective suppliers; breakdown in parts and components contained therein, along with any transportation services; any other act or cause which is related unpredictable and cannot be reasonably avoided; and any act manuals, materials, information or data, including but not or cause which is beyond the reasonable control of Seller, limited to any parts, support or services provided by Seller whether similar to or different from the causes above (collectively,the"Product and Services"), as well as enumerated, and whether affecting Seller or its agents, performance by the parties under this Agreement, are subject subcontractors, or suppliers,for as long as such to circumstances prevail. Seller will undertake, as soon as laws, rules, regulations, directives, ordinances, orders, or practicable,to notify Buyer of any actual or anticipated statutes(the"Laws")of the United States and may be subject failure or delay, and Buyer will use its commercially to the Laws of other, applicable countries(including,without consequences on performance hereunder. The parties shall limitation, Russia). Buyer agrees to comply with such Laws, as remain liable for those obligations under this Agreement not applicable,which may include but are not limited to,the U.S. affected by the force majeure event; provided however,that in Foreign Corrupt Practices Act, UK Bribery Act, anti-bribery the case of a U.S. sanction, embargo, or other trade order or Laws of other countries, U.S. Export Administration rule that would prohibit or otherwise render Seller's Regulations, U.S. International Traffic in Arms Regulations, performance under this Agreement impracticable, Seller shall and Laws administered by the U.S.Treasury Department be excused from the performance of any remaining obligations Office of Foreign Assets Control and U.S. Department of State. under this Agreement and this Agreement terminated,without Buyer agrees to cooperate with Seller to ensure compliance cost or liability, upon written notice by Seller. with the Laws when engaging in activities related to Buyer's 6. BUYER'S OBLIGATION TO PASS ON performance of obligations under this Agreement and further LIMITATION OF WARRANTIES AND REMEDIES. In agrees to indemnify, defend, and hold harmless Buyer, Buyer's order to protect Seller against claims by any purchaser from direct and indirect parent entities and affiliates, and its and their Buyer, if Buyer resells any of the goods or services purchased respective directors, officers, employees, agents, successors, under this Agreement, Buyer shall include the language and assigns, against demands, liabilities,fines, penalties, contained in paragraphs 3 and 4 of these Sales Order Terms losses, and damages(including costs, investigation and and Conditions, dealing with Seller's warranties and limitations litigation expenses and counsel fees incurred in connection of warranties and remedies, in an enforceable agreement with therewith)arising out of or related to Buyer's obligations under Buyer's buyer. Buyer shall also include a provision in its this paragraph. In the event of an enforcement action against agreement with its buyer applying Alabama law to any claims Buyer relating to Buyer's non-compliance with the Laws that its buyer might assert against Seller with respect to goods or reasonably relate to Buyer's performance under this services provided by Seller, and requiring its buyer to bring any Agreement, such action against Seller either in the state or federal courts Buyer shall provide to Seller written notice of such serving Marshall County, in Alabama. Buyer shall defend, enforcement action prior to publication or disclosure of such indemnify and hold Seller harmless from any and all claims, enforcement action, and in no event later than ten (10) causes of action, damages, losses or expenses (including business reasonable attorney's fees)that Seller incurs by reason of days following such enforcement action. Notwithstanding the Buyer's failure to comply with this paragraph.The provisions foregoing, Buyer agrees not to export, reexport, transmit or of this paragraph shall survive the acceptance of the goods or otherwise transfer the goods or services,whether directly or services sold hereby or the termination of this Agreement for indirectly: (i)to any person or entity listed or otherwise any reason. designated as a blocked, prohibited or trade restricted person or party by the U.S. Commerce Department, U.S.Treasury Department, or U.S. Department of State; (ii)for any purpose or use prohibited by the U.S. government, such as for nuclear, chemical, or biological weapons production or proliferation, or (iii)to any destination or transit point subject to trade prohibitions by the U.S. government, as may be amended from time to time, such as the prohibition against transactions or trade with Iran or the Government of Iran. P roj r e s s Rail Company Address 11209 Electron Drive Louisville,KY 40299 A Caterpillar Company Quote Information Quote Number 00046533 Prepared By Ed Saam Quote NameEden Prairie, MN W.62nd St.(S. Frontage Rd.)- Email esaam@progressrail.com 00046533 Created Date 8/1/2018 Account Twin Cities&Western Railroad Contact Name Tim Jeske Phone (320)864-7214 Email tjeske@tcwr.net Fax (320)864-7220 Quote Line Items QTY U/M Line Description Sales Price Total Price 1.00 LOT Crossing signal material and installation-W.62nd St.(S.Frontage Rd.)-DOT 393274K USD 172,540.77 USD 172,540.77 Grand Total USD 172,540.77 Shipping Information and Notes Shipping Info. Shipment:60 days ARO. F.O.B.:Origin with prepaid freight to Eden Prairie, MN. Notes Price Includes the Following: Wired/Tested 6 x 6 House (2)Gate Flasher Assemblies W/Galv. Foundations Installation Services AC Meter Services Dress Stone/Fill Materials Reference cost sheet for materials. Railroad Protective Liability Ins. Rail Bonding Materials Conduits Freight Price Excludes the Following: Engineering Services Insulated Joints/Switch Materials Flagging Taxes * Pricing does not include for any increases due to tariffs on steel and aluminum imports imposed by the US Government. These will be assessed if tariffs are applied and prices adjusted accordingly. Terms and Conditions FOB Origin—Prepay Payment Terms Net 30 Remarks -Sales tax is not included. -Pricing and Deliveries are subject to change at the time of order placement. -Quote is based upon the above quantity and specifications.Any changes may affect pricing. -Freight rates are based on time of quotation and are subject to change at time of order placement and at time of shipment. -Acceptance of an order is governed by the Progress Rail Services Sales Order Terms And Conditions which are attached to this quote. To place your order please e-mail your purchase order to Signal.Orders@ProgressRail.com. Thank you for allowing us to be of service. Terms&Conditions Effective as of July 1,2014 PROGRESS RAIL SERVICES SALES ORDER TERMS AND CONDITIONS 1.ACCEPTANCE.These terms and conditions apply 7. SHIPMENT/PASSAGE OF TITLE.All goods to all sales by Progress Rail Services Corporation or one of its shall be shipped FCA Seller's facility(Incoterms®2010). affiliates stated in any related sales order or invoice("Seller") Title to the goods sold hereunder shall pass to Buyer upon issued or approved by such Seller. This is an offer to sell to delivery to the carrier at the point of shipment. Without Buyer by Seller. Seller may revoke this offer at any point up Seller's prior,written permission, neither Buyer nor Buyer's to, an including, acceptance of the goods or services by Buyer. consignee shall have the right to divert or reconsign such BUYER'S RIGHT TO ACCEPT THIS OFFER IS LIMITED shipment to any destination other than specified in the bill of TO THESE TERMS AND CONDITIONS AND ANY lading. Seller reserves the right to select the mode of PRINTED ON SELLER'S SALES ORDER OR INVOICE. transportation. NO TERMS OR CONDITIONS ISSUED BY BUYER ARE 8. PAYMENTS AND LATE CHARGES ON PAST BINDING ON SELLER AND SELLER REJECTS ANY DUE ACCOUNTS. If Buyer fails to comply with any SUCH TERMS OR CONDITIONS, UNLESS provision of the Agreement or fails to make payments pursuant SPECIFICALLY AGREED TO IN WRITING AND SIGNED to the Agreement or any other agreement between Buyer and BY SELLER.THERE ARE NO UNDERSTANDINGS, Seller, Seller may at its option defer shipments or performance TERMS, CONDITIONS OR WARRANTIES NOT FULLY or,without waiving any other rights it may have, terminate this EXPRESSED HEREIN.ACCEPTANCE OF THESE TERMS Agreement without liability.All offers shall be subject to the SHALL BE EVIDENCED BY BUYER'S ACCEPTANCE OF approval of Seller's credit department. Seller reserves the right GOODS OR SERVICES OR UPON BEGINNING OF before making any delivery, or providing any service,to PERFORMANCE BY SELLER. require payment in cash or security for payment, and if Buyer 2. PURCHASE PRICE.The purchase price of the fails to comply with such requirement, Seller may terminate goods or services shall be as stated on Seller's sales order or this Agreement.A late charge of 1'/z% monthly(18%annual invoice(together with these terms and conditions,the rate)or the maximum allowed by state law, if less,will be "Agreement"); provided however,that if Seller announces a imposed on all past due accounts. general price increase,the purchase price shall be revised to 9. CLAIMS BY BUYER. Buyer shall thoroughly include the price increase unless the goods are scheduled for inspect goods and services sold under this Agreement shipment or services are to be performed within thirty days of immediately upon receipt to verify that the such goods and the price increase. services conform to the specifications of the Agreement. 3. LIMITED WARRANTIES. Seller warrants that the Buyer must notify Seller of claims for failure or delay in goods and services sold to Buyer through this Agreement will delivery within ten (10)days after the scheduled delivery comply with agreed upon specifications when performed. date. Buyer must notify Seller of any claims for Seller warrants only its services and does not warrant any nonconforming or defective goods or services within ten (10) goods supplied in performance of the services. However, days after receipt or any claim related to such goods or Seller may assign to Buyer, at Buyer's request and to the services shall be waived. In addition, Seller must be given extent an opportunity to investigate the claim before Buyer disposes they are assignable,warranties applicable to goods or services of the goods or else Buyer's claim will be barred. Seller shall provided by third parties and supplied by Seller in performance incur no liability for damage, shortages, or other cause of the services.The warranties in this Agreement are void and alleged to have occurred or existed at or prior to delivery to shall not apply if in the reasonable judgment of Seller, items on the carrier unless Buyer shall have entered full details thereof which services have been performed or goods supplied in on its receipt to the carrier. performance of the services, have been damaged by improper 10. PERMISSIBLE VARIATIONS.The goods sold application, abuse or neglect, improper maintenance or repair, hereunder shall be subject to standard manufacturing subjected to inappropriate environmental or operational variations, tolerances and classifications of the Seller and in conditions or services by third parties without prior written the industry. authorization from Seller. SELLER MAKES NO OTHER 11.TECHNICAL ADVICE. Buyer represents that it WARRANTIES,AND EXPRESSLY DISCLAIMS ALL has made its own independent determination that the goods OTHER EXPRESS OR IMPLIED WARRANTIES, or services it is purchasing under this Agreement meet all INCLUDING, BUT NOT LIMITED TO,WARRANTIES OF design and specification requirements of Buyer's project and INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A are suitable for Buyer's intended application. Buyer further PARTICULAR PURPOSE OR ANY WARRANTY represents that it has not relied in any respect on any written RELATED TO PERFORMANCE OR TO THE or oral statements or advice from Seller. SUITABILITY OF BUYER FURNISHED DESIGNS, 12.TAXES. No tax imposed in respect of the sale of MODIFICATIONS OR SPECIFICATIONS. the goods or services sold hereunder is included.Any such 4. LIMITATION OF BUYER'S REMEDIES AND tax shall be added to, and paid by Buyer as part of,the SELLER'S LIABILITY. Seller's liability hereunder shall purchase price. be limited to: (1)the assignable warranties referenced above 13. INDEMNITY.To the fullest extent allowable by with respect to goods; (2)re-performance of services; or(3) law, Buyer shall defend, indemnify and hold harmless the allowance of a credit, at its option. Seller's total cumulative Seller and its officers, directors, employees, agents, liability in any way arising from or pertaining to any goods representatives and affiliates from any and all loss, liability, sold or required to be sold, or services performed or required claim, cause of action, cost,judgment, or damages, including to be performed shall NOT in any case exceed the purchase reasonable attorney fees for any personal injury, death, price paid by Buyer for such goods or services. TO THE property damage, or economic loss of any sort, related to any FULLEST EXTENT ALLOWED BY LAW, IN NO EVENT act or omission of the Buyer or use or abuse of the goods by SHALL SELLER HAVE ANY LIABILITY FOR the Buyer or any third party receiving, using or abusing the COMMERCIAL LOSS, LOST PROFITS, CLAIMS FOR goods after Buyer's receipt,without regard to whether any LABOR, OR FOR EXEMPLARY, INDIRECT, loss is based upon breach of contract, breach of warranty, CONSEQUENTIAL OR INCIDENTAL DAMAGES OF negligence, strict liability, or other tort or contract theory or ANY TYPE,WHETHER THE CLAIM BE BASED IN cause of action. CONTRACT, TORT, WARRANTY, STRICT LIABILITY, 14.WAIVER. Failure or inability of either party to NEGLIGENCE, OR OTHERWISE,AND IRRESPECTIVE enforce any right hereunder shall not waive any right in IF SELLER WAS ADVISED OR AWARE THAT SUCH respect to any other or future rights or occurrences. DAMAGES WERE POSSIBLE OR LIKELY. IT IS 15. PERIOD OF LIMITATIONS. Buyer and Seller EXPRESSLY AGREED THAT BUYER'S REMEDIES agree that any action by Buyer against Seller for breach of EXPRESSED IN THIS PARAGRAPH ARE BUYER'S this Agreement, including any action for breach of warranty, SOLE AND EXCLUSIVE REMEDIES. NO DELIVERY or otherwise in connection with the goods or services sold DATES ARE GUARANTEED. BUYER'S SOLE AND under this Agreement, must be commenced by Buyer against EXCLUSIVE REMEDIES AND SELLER'S ONLY Seller within one year after the cause of action accrues. LIABILITY FOR ANY DELAY IN DELIVERY OF 16. SEVERABILITY. In case any provision of this GOODS OR SERVICES SHALL BE LIMITED AS SET Agreement shall be declared invalid, illegal or FORTH HEREIN.THE PROVISIONS OF THIS unenforceable, the validity, legality and enforceability of the PARAGRAPH SHALL SURVIVE THE ACCEPTANCE OF remaining provisions shall not in any way be affected or THE GOODS OR SERVICES SOLD HEREBY OR THE impaired. TERMINATION OF THIS AGREEMENT FOR ANY 17.APPLICABLE LAW.The United Nations REASON. Convention on Contracts for the International Sale of Goods 5. FORCE MAJEURE. In addition to all other (1980)shall not apply to this Agreement.This Agreement shall limitations stated herein, Seller shall be excused for any be governed by, and construed and enforced in accordance failure or delay in the performance of any of its obligations with,the laws of the State of Alabama. Buyer and Seller, each under this Agreement if such failure or delay is due to a as part of the consideration hereof, agree to the exclusive strike, lockout, work stoppage, labor dispute, material venue shortage, utility outage, delay in transportation,fire,flood, and jurisdiction of, and specifically agree that any legal action earthquake, severe weather, act of God, accident, trade brought relating to this Agreement or goods or services sanction, embargo, act of war,terrorism or threats of same; provided will be brought and tried exclusively in the state or condition caused by national emergency, new or changed federal courts serving Marshall County,Alabama. law;failure of suppliers to deliver or meet requirements; 18. COMPLIANCE WITH LAWS. Buyer understands and casualties or breakdown of or damage to plants, equipment, agrees that goods and services sold by Seller, and any or facilities of Seller, any component manufacturer, repair software, facility, or their respective suppliers; breakdown in parts and components contained therein, along with any transportation services; any other act or cause which is related unpredictable and cannot be reasonably avoided; and any act manuals, materials, information or data, including but not or cause which is beyond the reasonable control of Seller, limited to any parts, support or services provided by Seller whether similar to or different from the causes above (collectively,the"Product and Services"), as well as enumerated, and whether affecting Seller or its agents, performance by the parties under this Agreement, are subject subcontractors, or suppliers,for as long as such to circumstances prevail. Seller will undertake, as soon as laws, rules, regulations, directives, ordinances, orders, or practicable,to notify Buyer of any actual or anticipated statutes(the"Laws")of the United States and may be subject failure or delay, and Buyer will use its commercially to the Laws of other, applicable countries(including,without consequences on performance hereunder. The parties shall limitation, Russia). Buyer agrees to comply with such Laws, as remain liable for those obligations under this Agreement not applicable,which may include but are not limited to,the U.S. affected by the force majeure event; provided however,that in Foreign Corrupt Practices Act, UK Bribery Act, anti-bribery the case of a U.S. sanction, embargo, or other trade order or Laws of other countries, U.S. Export Administration rule that would prohibit or otherwise render Seller's Regulations, U.S. International Traffic in Arms Regulations, performance under this Agreement impracticable, Seller shall and Laws administered by the U.S.Treasury Department be excused from the performance of any remaining obligations Office of Foreign Assets Control and U.S. Department of State. under this Agreement and this Agreement terminated,without Buyer agrees to cooperate with Seller to ensure compliance cost or liability, upon written notice by Seller. with the Laws when engaging in activities related to Buyer's 6. BUYER'S OBLIGATION TO PASS ON performance of obligations under this Agreement and further LIMITATION OF WARRANTIES AND REMEDIES. In agrees to indemnify, defend, and hold harmless Buyer, Buyer's order to protect Seller against claims by any purchaser from direct and indirect parent entities and affiliates, and its and their Buyer, if Buyer resells any of the goods or services purchased respective directors, officers, employees, agents, successors, under this Agreement, Buyer shall include the language and assigns, against demands, liabilities,fines, penalties, contained in paragraphs 3 and 4 of these Sales Order Terms losses, and damages(including costs, investigation and and Conditions, dealing with Seller's warranties and limitations litigation expenses and counsel fees incurred in connection of warranties and remedies, in an enforceable agreement with therewith)arising out of or related to Buyer's obligations under Buyer's buyer. Buyer shall also include a provision in its this paragraph. In the event of an enforcement action against agreement with its buyer applying Alabama law to any claims Buyer relating to Buyer's non-compliance with the Laws that its buyer might assert against Seller with respect to goods or reasonably relate to Buyer's performance under this services provided by Seller, and requiring its buyer to bring any Agreement, such action against Seller either in the state or federal courts Buyer shall provide to Seller written notice of such serving Marshall County, in Alabama. Buyer shall defend, enforcement action prior to publication or disclosure of such indemnify and hold Seller harmless from any and all claims, enforcement action, and in no event later than ten (10) causes of action, damages, losses or expenses (including business reasonable attorney's fees)that Seller incurs by reason of days following such enforcement action. Notwithstanding the Buyer's failure to comply with this paragraph.The provisions foregoing, Buyer agrees not to export, reexport, transmit or of this paragraph shall survive the acceptance of the goods or otherwise transfer the goods or services,whether directly or services sold hereby or the termination of this Agreement for indirectly: (i)to any person or entity listed or otherwise any reason. designated as a blocked, prohibited or trade restricted person or party by the U.S. Commerce Department, U.S.Treasury Department, or U.S. Department of State; (ii)for any purpose or use prohibited by the U.S. government, such as for nuclear, chemical, or biological weapons production or proliferation, or (iii)to any destination or transit point subject to trade prohibitions by the U.S. government, as may be amended from time to time, such as the prohibition against transactions or trade with Iran or the Government of Iran. City Agreement No. 18-1 EXHIBIT C Non-Discrimination Provisions of Title VI of the Civil Rights Act of 1964 During the performance of this contract, the contractor,for itself, its assignees and successors in interest (hereinafter referred to as the "contractor"), agrees as follows: 1. Compliance with Regulations:The Contractor will comply with Regulations of the Department of Transportation relative to nondiscrimination in federally-assisted programs of the Federal Highway Administration (Title 49, Code of Federal Regulation, Part 21, hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination:The contractor, with regard to the work performed by it after award and prior to completion of the contract work, will not discriminate on the ground of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment.The contractor will not participate either directly or indirectly in the discrimination prohibited by Section. 3. 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix „A "B" and „C„ 4. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligation under this contract and the Regulations relative to discrimination on the ground of race, color or national origin. 5. Information and Reports:The contractor will provide all information and reports required by the Regulations, or orders and instructions issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Department of Transportation or the Federal Highway Administration to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information,the contractor shall so certify the Department of Transportation, or the Federal Highway Administration as appropriate, and shall set forth what efforts it has made to obtain the information. 6. Sanctions for noncompliance: In the event of contractor's noncompliance with the nondiscrimination provisions of this contract, the Department of Transportation shall impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including but not limited to, a. Withholding of payments to the contractor under the contract until the contractor complies, and/or b. Cancellation, termination or suspension of the contract, in whole or in part. Incorporation of Provisions: The contractor will include the provisions of paragraph (1) through (6) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, order, or instructions issued pursuant thereto.The contractor will take such action with respect to any subcontract or procurement as the Department of Transportation or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however,that, in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the City to enter into such litigation to protect the interests of the City, and in addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States. CITY COUNCIL AGENDA DATE SECTION: Consent Calendar February 19, 2019 I DEPARTMENT/DIVISION ITEM DESCRIPTION ITEM NO. Department Community Solar Garden Lease VIII.F. Facilities/Administration Requested Action Move to: Approve Lease and Solar Easement for a Community Solar Garden and authorize execution by the Mayor and City Manager of the Lease and Easement and all documents necessary to consummate the transaction. Synopsis CEF Eden Prairie Community Solar, LLC (CEF) intends to develop and build a Community Solar Garden ("Facility") on the roof of the Community Center. Upon approval of the Lease which includes a Solar Easement, CEF will apply to NSP to qualify the as a Community Solar Garden. CEF will submit the application to NSP within 30 days after execution and delivery of the Lease and completion of the necessary structural engineering and sizing design for the Facility. The application also seeks and seek approval from NSP for interconnection of the Facility with NSP as soon as practicable. The approval process normally takes 12 months. Towards the end of that process construction can begin. Construction of the facility normally take about 4 months. CEF anticipates construction in the spring or summer of 2020 with commercial operation starting 12-14 months after approval of the Lease. All Xcel Energy bill payers within Eden Prairie will be eligible to become a subscriber. Subscribed become member-owners of Cooperative Energy Futures, the parent company to CEF Eden Prairie Community Solar, LLC. CEF has an optional financial model to serve low-income families, renters, and others who have high energy bill burdens. The City has an option to become a subscriber for up to a maximum amount of ten(10) percent of the Facility capacity. The Lease has a 25 year term. The term starts on commercial operation. Under the Lease CEF will pay the City yearly rent in the amount of$2,000 per year once commercial operation begins. Prior to that CEF will pay$500 per year. Attachment Lease and Solar Easement „ri,, EDEN PRAIRIE LIVE WORK•DREAM DEC 952 949 8300 FAX 952 949 8390 TI)D 952 949 8399 9000 Mitchell Rd Eden Prairie,MN LEASE AND SOLAR EASEMENT 55344-4485 edenprairie.org This Lease and Solar Easement ("Lease”) is entered into and effective on February 19, 2019 ("Effective Date") between The City of Eden Prairie, a Minnesota municipal corporation (with its successors and assignees, "Lessor"), and CEF Eden Prairie Community Solar, LLC, a Minnesota limited liability company (with its permitted successors and assignees, "Lessee"). Lessor and Lessee may be referred to individually as a"Party" and collectively as "Parties." RECITALS 1. Lessor is the owner of real property located in Hennepin County, Minnesota and more specifically described in Exhibit A (the "Lessor Property"). Lessor owns and operates a community center and related facilities on the Lessor Property as described in Exhibit A (the "Lessor Improvements"). 2. Lessee is engaged in the business of developing, constructing, owning and operating solar energy conversion facilities for the production of electricity and sale of such electricity at wholesale, including community solar gardens pursuant to Minn. Stat. Section 216B.1641 (2018). 3. Lessee wishes to lease a portion of the Lessor Property to install and operate a solar photovoltaic energy conversion facility on the roof of the Lessor Improvements, and obtain from Lessor a related solar easement, and Lessor is willing to grant Lessee a lease and easement in accordance with the terms of this Lease. NOW, THEREFORE, in consideration of the above premises and the mutual promises and other consideration set forth below, the adequacy and receipt of which is acknowledged, Lessor and Lessee agree as follows: 1 ARTICLE I. Premises Section 1.1 General (a) Lessor leases to Lessee and Lessee leases from Lessor the Premises described in Exhibit A attached hereto (the "Premises") for the purposes of (i) monitoring, testing and assessing the Premises for solar photovoltaic energy generation,and(ii) developing, constructing, installing, operating and maintaining photovoltaic electric energy generating equipment,supporting structures and ballasts,inverters, electrical transformers, fixtures, electric distribution and transmission lines, communication lines,transformers,inverters,metering equipment,interconnection facilities and related facilities and equipment(collectively, the "Facility") on the Premises and Transmission Premises. Lessee's rights under this Lease with respect to use,of the Premises for solar photovoltaic generation shall be exclusive and Lessor acknowledges that Lessor may not grant any other person or entity any such rights. (b) Lessee shall use the Premises only for the evaluation, development, construction, installation,maintenance, and operation of the Facility.Lessee shall not install any improvements, fixtures or structures other than the Facility without the express prior written consent of Lessor. Subject to Section 4.6,Lessee shall also be entitled to ingress and egress to and from its Facility and appurtenant equipment and electrical power lines and Lessor grants Lessee an access easement ("Access Easement") through that portion of the Lessor Property identified on Exhibit A as the "Access Premises" for purposes of Lessee's access to the Facility on the Premises. (c) Lessor grants Lessee an easement on and through that portion of the Lessor Property described in Exhibit B (the"Transmission Premises") for the purpose of • installing, operating and maintaining an electric distribution line and related communication lines between the Facility and electrical facilities owned by NSP at the NSP Interconnection Point. Lessor shall not plant trees, excavate, install improvements,or otherwise undertake activities within the Transmission Premises that will materially interfere with Lessee's electric or distribution facilities. NSP intends to install separate electrical equipment on the Lessor Property with respect to the Facility and will require that Lessor grant NSP an easement for that portion of the Lessor Property in which NSP's equipment is to be located,substantially in the form set forth in Exhibit G. (d) Prior to construction of the Facility, subject to Section 4.6, Lessee may engage in assessment, development and design activities on the Premises, including, but not limited to(i)feasibility studies, including measurement of sunlight or solar energy potential and other meteorological data; (ii)design,siting and analysis of proposed Facility; and (iii) such other tests, analysis or studies as may be required by permitting agencies or as Lessee deems advisable including analysis of Lessee's 2 electrical system. Lessee may install one or more measuring devices at the Premises as necessary to measure its solar characteristics.Lessee's activities under this Section 1.1(d) shall not interfere materially with Lessor's use or operation of the Premises leased by Lessor to Lessee or Lessor's use of the Lessor Property or Lessor Improvements. (e) Lessee reserves the right to relocate or reconfigure the Facility (beyond ordinary repairs and maintenance)upon the Premises during the term of this Lease without Lessor's prior approval, if the relocation or reconfiguration will not materially affect the Lessor Improvements or their use by Lessor or continuing compliance of the Facility with all requirements of this Lease. Lessee shall notify Lessor of any material relocation or reconfiguration and expected effects on the Lessor Improvements, if any. Lessor shall have thirty (30) days to respond to the notice with a written objection if it believes the proposed relocation or reconfiguration will have a material and adverse effect on the Lessor Improvements or Lessor's activities at the Lessor Improvements not consistent with Lessee's rights under this Lease, with the details of those expected effects. If no timely written objection is provided by Lessor, Lessee may proceed with the proposed relocation or reconfiguration. If Lessor provides an objection to Lessee, the Parties shall negotiate in good faith to resolve any objection or any adverse effects from the proposed relocation or reconfiguration as soon as practicable. In the absence of a negotiated agreement, Lessor shall have the right to pursue any rights or remedies available at law. Lessor shall retain the exclusive right to use that portion of the Lessor Property not occupied by the Facility to the extent its use is consistent with this Section 1.1 and Sections 1.2 and 5.2, for all purposes. Lessee agrees to cooperate with Lessor to locate the Facility on the Premises in a manner that minimizes interference with the activities of Lessor and the operation of the Lessor Improvements. In this respect, Lessor agrees to provide Lessee with any information needed to locate the Facility to reduce the effect on Lessor and the Lessor Improvements,including electrical plans,plot layouts, and similar data. (f) Lessor shall provide Lessee with copies of the plans and specifications in its possession for the roof and related structural components of the Lessor Improvements necessary for Lessee to design its Facility. Lessor does not provide any warranty or representation about the accuracy of such information or suitability for Lessee's purposes. Lessor shall not be obligated to*create any new plans or specifications. The Facility shall be designed so as to not overload or unduly stress the structural or roof components, or otherwise adversely affect the functionality, of the Lessor Improvements and shall comply with all Applicable Laws. Lessor shall have the right to review Lessee's proposed design and specifications in order to identify any potential adverse effects on the Lessor Improvements or costs to Lessor and to suggest modifications which will reduce or eliminate such costs or effects. In the event the Facility cannot be designed in a manner that meets the requirements of this paragraph, or Lessee concludes the costs to meet such requirements are too great, Lessee shall have the right to terminate this Lease without further cost or liability to Lessor. 3 Section 1.2 Solar Easement (a) Lessor hereby grants Lessee an exclusive easement to use all sunlight which naturally arrives at the Premises,including an exclusive easement prohibiting any obstruction to the free flow of sunlight to the Premises throughout the entire area of the Lessor Property described on Exhibit B (the"Easement Premises"), which shall consist horizontally three hundred and sixty degrees (360°) from any point where any photovoltaic generating facility is or may be located at any time from time to time (each such location referred to as a "Solar Site") and for a distance from each Solar Site to the boundaries of the Easement Premises,together vertically through all space located above the surface of the Easement Premises, that is, one hundred eighty degrees (180°) or such greater number or numbers of degrees as may be necessary to extend from each point on and along a line drawn along the plane from each point along the exterior boundary of the Easement Premises through each Solar Site to each point and on and along such line to the opposite exterior boundary of the Easement Premises. Trees, structures and improvements located on the Easement Premises as of the date of this Lease shall be allowed to remain and Lessee may not require their removal. Lessor may not place or plant any trees, structures or improvements on the Easement Premises after the date of this Lease which may, in Lessee's reasonable judgment, impede, diminish or interfere with the receipt of sunlight at any Solar Site, unless Lessor has received approval from Lessee for installation of any such trees, structure or improvement. In the event Lessor places or plants trees, structures or improvements on the Easement Premises which violate the provisions of this Section 1.2, Lessee may notify Lessor and request removal of the applicable tree,structure or improvement, or modification thereof to comply with this Section 1.2,within thirty(30)days. (b) Lessor further grants to Lessee an easement and license for the Facility to create, cause, increase, accentuate, or otherwise contribute to the occurrence of light, shadows, shadow and light flickering, glare and reflection, on and across the Premises and Lessor Property. ARTICLE II. Lease Term Section 2.1 Lease Term. The term of this Lease shall commence upon the date it is executed and delivered by both Parties and continue until the date that is twenty-five (25) years from the Commencement Date (as defined below)unless terminated earlier in accordance with its terms("Term"). Section 2.2 Termination of Lease The occurrence of any of the following events shall terminate this Lease: (a) The expiration of the Term as set forth in Section 2.1;or 4 (h) The written agreement of the Parties to terminate this Lease; or (c) An uncured material breach of this Lease by either Party and the election of the non-breaching Party to terminate the Lease pursuant to Article IX; or (d) Either Lessee or Lessor terminates the Lease pursuant to Section 3.1(a), or Lessee terminates the Lease pursuant to Section 1.1(f) or Section 8.1. ARTICLE III. Rent and Taxes Section 3.1 Rent (a) Lessee shall pay Lessor an amount annually as Rent for the period of time between the date of this Lease and the Commencement Date as set forth in Exhibit D. The "Commencement Date"shall be the first day of the first full month after the Facility commences commercial production and sale of electricity on the Premises under the PPA. The Commencement Date shall occur prior to June 30, 2021. If the Commencement Date does not occur by that date, except as such period may be extended by Force Majeure or agreement of the Parties, either Lessee or Lessor shall have the option to terminate the Lease,in which case neither Lessee nor Lessor shall have any further obligations under this Lease and Lessee shall have no further obligation to pay Rent to Lessor. All Rent obligations arising under this Lease shall be prorated for any partial year. (b) The twelve(12)month periods beginning with the Commencement Date and each anniversary of the Commencement Date shall each be a Lease Year. Beginning with the Commencement Date,Lessee shall pay to Lessor an annual rental payment as set forth in Exhibit D (together with payments due prior to the Commencement Date,"Rent"). Section 3.2 Payments Lessee shall make the initial payment of Rent for the first year as set forth in Section 3.1(a)within ten(10)days of the Effective Date and on the anniversary date of the Effective Date of the Lease thereafter until the Commencement Date. Lessee shall pay Lessor Rent for the first full Lease Year no later than ten (10) days after the Commencement Date. On each anniversary of the Commencement Date, Lessee shall pay Lessor the annual Rent due in advance for the following Lease Year. Section 3.3 Taxes,Assessments and Utilities (a) Lessor is currently exempt from the payment of real estate taxes with respect to the Lessor Property. If Lessor becomes subject to the payment of real estate taxes as a result of the Facility or this Lease,Lessee shall pay,when due,all such real property taxes levied against the Lessor Property and Premises due as a result. Lessor shall pay all special assessments levied against the Lessor Property. Subject to Section 5 3.3 (c), if Lessor shall fail to pay any such taxes or assessments when due,Lessee may, at its option,pay those assessments and any accrued interest and penalties, and deduct the amount of its payment from any Rent otherwise due to Lessor from Lessee. (b) Lessee shall pay all personal property and other taxes and assessments levied against the Facility when due including any equipment or property within the Access Premises or Transmission Premises. Lessee acknowledges that the Lessor Property is currently exempt from payment of real estate taxes. If the Lessor Property or Premises experiences any increase in the amount of real property taxes assessed against it as a result of the installation of the Facility on the Premises, including any reclassification of the Lessor Property or Premises pursuant to Minn. Stat. Section 272.02, subd.24 (2018) or otherwise, Lessee shall pay to the taxing authority or reimburse Lessor an amount equal to the increase caused by the Facility no later than ten(10)days prior to the date each year on which the applicable real estate taxes are due to be paid by Lessor,provided that not less than ten(10) days prior to such due date Lessor provides Lessee with copies of the applicable current and past statements of real estate taxes payable for the Lessor Property or Premises and any related information demonstrating the increase was caused by the Facility and the amount of the increase. (c) Either Party may contest the validity or amount of any levied taxes,assessments or other charges for which each is responsible under this Lease as long as such contest is pursued in good faith and with due diligence and the Party contesting the tax, assessment or charge has paid the obligation in question or established adequate reserves to pay the obligation in the event of an adverse determination. (d) Lessee shall pay for all water, electric, telecommunications and any other utility services used by the Facility or Lessee on the Premises. Section 3.4 Interconnection of Electrical Facilities Lessee shall interconnect the Facility directly with NSP;the estimated location is described in Exhibit C but the final location will be determined by NSP(the"NSP Interconnection Point"). Lessee will not be allowed to interconnect with the electrical system of the Lessor Improvements or of Lessor on the Lessor Property. As between Lessor and Lessee, Lessee shall be responsible for all costs of designing, procuring, installing, maintaining and operating any equipment or facilities necessary to interconnect the Facility at the NSP Interconnection Point, and to permit the receipt,transmission, and delivery of the electricity produced by the Facility to NSP. Lessee shall design, install, operate and maintain all interconnection facilities and equipment, meters and other electrical equipment so as to prevent any adverse effect on Lessor, the Lessor Improvements or Lessor's operations and activities on the Lessor Property. 6 Section 3.5 Disclaimer of Title to Environmental Attributes (a) Lessor agrees that all Environmental Attributes, as defined in Exhibit F, remain the property of Lessee irrespective of whether Lessor consumes or uses any of the electricity generated by the Facility, and Lessor has no title or right to any such Environmental Attributes related to, arising from or associated with the Facility or any electrical capacity or energy created by the Facility. (b) As between the Parties,any grant,rebate,incentive payment,bill credit,tax credit or any other cash or tax benefit arising from or associated with the installation or ownership of the Facility or the production of energy and capacity by the Facility, shall enure to the exclusive benefit of Lessee, including, but not limited to, any production tax credit or investment tax credit pursuant to 26 U.S.C.Sections 45 and 48 or similar state tax law provisions; the made-in-Minnesota rebates pursuant to Minn. Stat. Section 116C.7791 (2018);the rebates available through NSP's"Solar Rewards" program and bill credits arising under NSP's community solar garden tariffs or program (except to the extent Lessor enters into a separate subscriber agreement with Lessee entitling it to such bill credits for its share of energy from the Facility). Lessor shall, at no cost or expense to Lessor, cooperate with Lessee in any applications for such benefits or credits to the extent Lessor's participation is necessary for eligibility, and if any such program or benefit requires the Lessor to be the recipient,Lessor agrees to assign or reimburse any such amounts received to Lessee. Section 3.7 Community Solar Garden. (a) The Parties agree that the Facility is intended to qualify as a community solar garden ("CSG") pursuant to Minn. Stat. Section 2I6B.1641 (2018), orders of the Minnesota Public Utilities Commission in Docket No. E-002/M-13-867 or related dockets, applicable NSP tariffs, and all related orders, regulations and interpretations, in each case as modified and amended ("CSG Laws"). As a condition precedent to Lessor's obligation to allow commencement of construction of the Facility under this Lease,Lessee shall submit an application to NSP pursuant to the CSG Laws, within 30 days after execution and delivery of this Lease and completion of the necessary structural engineering and sizing design for the Facility, for approval of the Facility as a CSG in accordance with the CSG Laws and for interconnection, and use commercially reasonable efforts to obtain such approval from NSP,including approval of interconnection of the Facility with NSP at the NSP Point of Interconnection, as soon as practicable, subject to performance by NSP. (b) Lessor agrees,at no cost or expense to Lessor,to cooperate with any application by Lessee for approval of the Facility as a CSG or for interconnection of the Facility by providing information within its possession, custody and control. 7 (c) Lessee agrees to provide Lessor the opportunity to subscribe in the CSG on the same terms as any other subscriber and subject to the eligibility requirements and limitations of CSG Laws, up to a maximum amount of ten (10) percent of the Facility capacity. Lessee shall provide Lessor with a proposed subscription agreement with related pricingfor consideration byLessor within ten 10( ) days y after Lessee has sufficient Facility design information to complete the subscription agreement,and Lessor shall have up to 45 days to elect to become a subscriber on such terms,as they may be modified by agreement of the Parties and in an amount it determines,subject to CSG Laws. ARTICLE IV. Lessee's Covenants Lessee covenants,represents and warrants to Lessor as follows: Section 4.1 Liens Lessee shall keep the Premises and Lessor Property free and clear of all liens and claims of liens for labor,materials,services,supplies and equipment performed on or furnished to Lessee or the Facility'on the Premises, Access Premises, or Transmission Premises,or in connection with Lessee's use of the Premises,Access Premises, or Transmission Premises. Lessee may contest any such lien, but shall post a bond or utilize other available means to remove any lien that is created during the contested proceeding. Lessee agrees to otherwise remove any lien or encumbrance for which it is responsible pursuant to this paragraph within ninety (90)days of the creation of any such lien or encumbrance. Section 4.2 Permits and Laws (a) Lessee and its subcontractors, agents and designees shall at all times comply with all Applicable Laws with respect to Lessee's activities pursuant to this Lease and shall obtain all permits,licenses and authorizations required to conduct any and all such activities. (b) Lessee shall design, construct, install and operate the Facility and any related equipment in accordance with Prudent Electric Industry Practice, all requirements of Applicable Laws, any local electrical code, and the requirements of NSP. In particular,Lessee shall comply with all Environmental Laws. Section 4.3 Lessee's Improvements (a) The Facility and related equipment constructed, installed or placed on the Premises and within the Transmission Premises by Lessee pursuant to this Lease shall be the sole property of Lessee, and Lessor shall have no ownership or other interest in the Facility and related equipment owned by Lessee on the Premises or within the Transmission Premises. The Facility is and shall remain personalty of the Lessee, notwithstanding any present or future common ownership of the Facility and the Premises,and irrespective of whether any of the Facility is deemed to be a fixture or 8 otherwise part of the Lessor Property or Lessor Improvements, and Lessor acknowledges that the Facility is and shall remain personal property of Lessee irrespective of the manner of its attachment or connection to the Lessor Improvements. Lessor acknowledges that Lenders may request a first priority security interest in the Facility as collateral for financing of the Facility, and Lessor consents to the grant by Lessee of such a security interest, and the filing of instruments necessary to perfect such a security interest under the Uniform Commercial Code in the Facility as personal property of the Lessee. (b) Throughout the Term Lessee shall, at its sole cost and expense, maintain Lessee's Facility in good condition and repair, ordinary wear and tear excepted. Any portion of the Facility constructed, installed or placed on the Premises or Transmission Premises by Lessee pursuant to this Lease may be replaced, repaired or refurbished by Lessee at any time. At the end of the Term, including any termination of the Lease, Lessee shall remove the Facility within three (3) months from the date the Term expires or the Lease terminates and repair any damage that may be caused by such removal at Lessee's sole cost and expense, If Lessee fails to remove any portion of the Facility within the required time period, that portion of the Facility shall be considered abandoned by Lessee and Lessor may remove that portion of the Facility from the Premises and dispose of it in its sole discretion without notice or liability to Lessee.In the event Lessee fails to remove any of the Facility as required,and Lessor removes any portion of the Facility at Lessor's expense, Lessee shall reimburse Lessor for all reasonable costs of removing that portion of the Facility as required by the Lease, plus the cost of any repair to the Premises resulting from such removal, within thirty days after receipt of an invoice from Lessor. (c) Lessee shall use reasonable care in the installation and construction of the Facility so as to avoid damage to the Lessor Improvements and Lessor Property and risk of injury to Lessor's employees, customers,tenants, guests and invitees. Lessee shall secure its equipment, interests and supplies during construction, and remove any construction debris on a regular basis, including each week during construction. Lessee and Lessor shall agree on the location at the Lessor Property at which Lessee may store equipment and materials during construction of the Facility. Risk of loss for all such materials shall be the responsibility of Lessee. Section 4.4 Hazardous Wastes Lessee shall not use, store, dispose of or release on the Premises or Lessor Property or cause or permit to exist or be used,stored, disposed of or released on the Premises as a result of Lessee's activities,any Hazardous Substances,except in such quantities as may be required in its normal business operations and only if such use is not harmful to Lessor and is in full compliance with all Environmental Laws. Section 4.5 Insurance (a) Lessee shall obtain and maintain in force the policies of insurance covering the Facility and Lessee's activities on the Premises and Lessor Property at all times 9 during the Term as described in Exhibit E. Such insurance coverage for the Facility, Premises, Access Premises and Transmission Premises may be provided as part of a blanket policy that covers other facilities or properties as well. (b) Lessor shall procure and maintain comprehensive general liability insurance or self- insure with respect to the Lessor Property and Lessor Improvements, including coverage for property damage and bodily injury or death to any person. Section 4.6 Notice of Access Without limiting or reducing the rights of access granted to Lessee pursuant to the Access Easement and this Lease, to the extent Lessee's access to the Facility can only be accomplished by entry to, on, or through or over the Lessor Property and Lessor Improvements, except in cases of emergency, Lessee agrees to give Lessor reasonable notice before any entry in,through or over the Lessor Property or Lessor Improvements by Lessee or its agents, employees and contractors. Lessee and its agents, employees and contractors shall comply with any reasonable safety and security instructions of Lessor while present on the Premises,the Access Premises or the Transmission Premises. The Parties will agree on mutually acceptable locations and means by which Lessee may access the Facility and Premises. Section 4.7 Roof Replacement (a) If during the first eighteen (18) Lease Years, or such shorter period of time in which Lessee is obligated to a Lender with respect to a term loan for the Facility, Lessor wishes to improve or modify the Lessor Improvements (excluding normal and necessary roof repair and replacement, which are subject to the provisions of Section 4.7(c)) in a manner that may affect the configuration,location or operation of the Facility or the NSP Interconnection Point, Lessor and Lessee agree to negotiate any necessary amendments to this Lease to reflect the changes. If the changes to the Lessor Improvements require that the Facility be moved, removed or reconfigured, Lessee and Lessor shall each be responsible for one-half all removal and or reconfiguration costs and expenses. If the changes to the Lessor Improvements will cause a material reduction in the capacity of the Facility or a material interruption in operation or a reduction in the Facility's production capability, Lessor shall either, at Lessor's sole option, (i) compensate Lessee for the corresponding loss of income and the costs incurred by Lessee to modify or terminate subscriptions or modify obligations to NSP under the CSG Laws or PPA; or (ii) agree to amend any subscription agreement to which Lessor is a party with respect to the Facility to reduce Lessor's share in the Facility capacity or energy production a corresponding amount. Lessor shall have the right to improve and modify the Lessor Improvements in any manner that does not affect the configuration, location or operation of the Facility or the NSP Interconnection Point. 10 • (b) If after the first eighteen(18)Lease Years or such shorter period of time in which Lessee is obligated to a Financier with respect to a term loan for the Facility, Lessor wishes to improve or modify the Lessor Improvements (excluding normal and necessary roof repair and replacement, which are subject to the provisions of Section 4.7(c))in a manner that may affect the configuration,location or operation of the Facility or the NSP Interconnection Point, Lessor and Lessee agree to negotiate any necessary amendments to this Lease to reflect the changes. If the changes to the Lessor Improvements require that the Facility be removed, moved or reconfigured, Lessee shall be responsible for all costs to remove, move or reconfigure the Facility. If the changes to the Lessor Improvements will cause a material reduction in the capacity of the Facility or a material interruption in operation or reduction in the Facility's production capability,Lessor shall either,at Lessor's sole option, (i) compensate Lessee for the corresponding loss of income and the costs incurred by Lessee to modify or terminate subscriptions or modify obligations to NSP under the CSG Laws or PPA, to the extent such costs exceed three thousand dollars ($3,000)or(ii) agree to amend any subscription agreement to which Lessor is a party with respect to the Facility to reduce Lessor's share in the Facility capacity or energy production a corresponding amount. (c) With respect to the roofs of the Lessor Improvements on which any portion of the Facility is located,Lessee shall be responsible for the costs to repair or replace any roof membrane or other components damaged or adversely affected by installation of the Facility at Lessee's expense. Lessor represents that the portions of the roof of the Lessor Improvements underlying the Facility and included within the Premises were installed in 2008,2011,2012 and 2015, as shown on Exhibit H and that the remaining expected life of each portion of the current roof is, to Lessor's knowledge, respectively 15, 18, 20 and 22 years. In the event that any portion of the roof requires repair or replacement during the Term and the repair or replacement will require the movement or disconnection of any portion of the Facility, Lessor and Lessee agree to cooperate to minimize the dislocation or disconnection of the affected Facility and the duration of any such relocation or disconnection and to use commercially reasonable efforts to schedule such work for periods when solar energy production is lowest,provided such accommodation does not unduly delay or increase the cost of such work, or cause continuing damage to the Lessor Improvements. Rent shall be abated for the period, and to the extent of,any such relocation or disconnection. Lessee shall be responsible for removing and reinstalling any portion of the Facility necessary to effect the roof repairs and the costs of such removal and reinstallation. ARTICLE V. Lessor Covenants Lessor covenants,represents and warrants to Lessee as follows: 1I Section 5.1 Title and Authority Lessor, to its knowledge, is the sole owner of the Lessor Property, Lessor Improvements, Easement Premises and Premises in fee simple and each person signing the Lease on behalf of Lessor has the full and unrestricted authority to execute and deliver this Lease and to grant the easements and rights granted herein, subject to the consents described in Section 4.8. Lessor agrees to promptly provide Lessee with copies of any title commitment or policy in its possession with respect to the Lessor Property. To Lessor's knowledge,all persons having any ownership interest in the Lessor Property, Lessor Improvements, Easement Premises and Premises are signing this Lease as Lessor. When signed by Lessor, subject to the consents described in Section 4.8, this Lease constitutes a valid and binding agreement enforceable against Lessor in accordance with its terms. There are no known encumbrances or liens against the Lessor Property or Premises and except as recorded with the County Recorder for Hennepin County. Lessor agrees to deliver any documents necessary to correct any defects in its fee ownership which would, if not corrected, adversely affect Lessee's rights hereunder or its ability to obtain and maintain financing of the Facility, at Lessor's expense. Lessor and Lessee will cooperate to obtain subordinations or releases of any other liens or encumbrances necessary to Lessee's financing,at Lessee's expense. Section 5.2 Quiet Enjoyment Lessee shall have the quiet use and enjoyment of the Premises,Easement Premises, Access Premises and Transmission Premises in accordance with the terms of this Lease without any material interference by Lessor or any person claiming through Lessor. Lessor and its activities on the Premises, Access Premises and Transmission Premises and any grant of rights Lessor makes to any other person shall not materially interfere with any of Lessee's activities pursuant to this Lease, and Lessor shall not materially interfere with any of Lessee's activities pursuant to this Lease, and Lessor shall not interfere or allow interference with the receipt of sunlight over the Easement Premises or otherwise engage in activities which might impede or decrease the output or efficiency of the Facility, except as otherwise permitted pursuant to this Lease. Section 5.3 Cooperation (a) Lessor shall,at no cost or expense to Lessor, cooperate with Lessee to obtain and maintain any approvals, authorization and permits needed in connection with the analysis,development,construction,maintenance,and operation of the Facility. Lessor shall also provide Lessee with such further assurances and shall execute any estoppels, certificates, consents to assignments or additional documents that may be reasonably necessary for recording purposes or requested by Lessee or any of its Lenders,provided such documents are consistent with the terms and conditions of this Lease and are reasonably agreeable to Lessor. 12 (b)Lessor's execution and delivery of this Lease requires the prior approval of its City Council. Lessor shall seek such approval promptly after Lessee's execution and delivery of this Lease to Lessor. (c) NSP will designate an area of the Lessor Property for its electrical equipment associated with the facility and request an easement in favor of NSP for the area of the Lessor Property on which NSP's facilities will be located. Lessor agrees to cooperate with NSP as to the location of its facilities and to execute and deliver to NSP an easement substantially in the form of Exhibit G. Section 5.4 No Marketing of Environmental Attributes Lessor acknowledges that Lessee retains all rights to any Environment Attributes arising from the Facility and the electricity produced by the Facility and that Lessor is not acquiring any rights or interests in any Environmental Attributes pursuant to this Lease. Lessee's Environmental Attributes include all rights to report, market and otherwise receive credit for the creation of electricity using the Facility. Lessor agrees not to publicize, report, market or otherwise take credit for the creation or use of the Environmental Attributes or electricity from the Facility in any manner which would interfere with the Lessee's rights to such Environmental Attributes or diminish the value of Lessee's Environmental Attributes. Lessor and Lessee shall cooperate to identify appropriate public statements which Lessor may use regarding the Facility that will not interfere with Lessee's Environmental Attributes. ARTICLE VI. Indemnification Section 6.1 Indemnification (a) Each Party (the "Indemnifying Party") agrees to defend, indemnify and hold harmless the other Party and the other Party's elected and appointed officials, officers, directors, employees, representatives, and agents (collectively the "Indemnified Party") against any and all losses, damages, claims, expenses and liabilities for physical damage to property and for physical injury to any person, including,without limitation,reasonable attorneys'fees("Damages"),to the extent resulting from or arising out of(i)any operations or activities of the Indemnifying Party on the Lessor Property or Premises; (ii) any negligent or intentional act or omission on the part of the Indemnifying Party;or(iii)any breach of this Lease by the Indemnifying Party. Nothing in this Section shall relieve Lessor or Lessee of any liability to the other for any breach of the Lease. This indemnification obligation shall apply notwithstanding any negligent or intentional acts, errors or omissions of the Indemnified Party but the Indemnifying Party's liability to pay damages to the Indemnified Party shall be reduced in proportion to the percentage by which the Indemnified Party's negligent or intentional acts,errors or omissions caused the Damages. Neither Party shall be indemnified for its Damages resulting from its sole negligence or intentional wrongful acts. These indemnity provisions shall not be construed to relieve any insurer of its obligations to pay claims 13 consistent with the provisions of a valid insurance policy. This indemnification provision shall survive the expiration or termination of this Lease. (b) Lessee shall indemnify, defend and hold harmless Lessor and its elected and appointed officials, officers, directors, trustees, representatives, employees and agents against any and all suits, actions,response actions,orders,losses,damages, civil or criminal penalties, fees, costs, expenses, claims or liabilities (including without limitation, attorneys' fees and expenses) arising out of, or in connection with,the release(or alleged release)of any Hazardous Substances introduced to or handled on the Lessor Property by Lessee or its contractors,suppliers, or agents,or violations (or alleged violations) of any Environmental Laws by the Lessee or its officers, employees, agents, contractors or suppliers, including without limitation, with respect to damage to property, including the costs of investigation, cleanup, removal, remedial, corrective or response action. Notwithstanding the foregoing provisions, Lessee shall not be responsible for any Damages to the extent attributable to Hazardous Substances present on the Lessor Property prior to the Effective Date or introduced or handled by Lessor or its agents, contractors and representatives. Section 6.2 Damage to Lessor Improvements In the event Lessor suffers damage to the Lessor Property or any improvements on the Lessor Property during Lessee's construction, installation, operation and maintenance of the Facility on the Premises, Access Premises, and Transmission Premises, Lessee shall, at Lessor's sole option: (a) promptly repair such damage with Lessor's prior approval;(b)reimburse Lessor for the reasonable costs to repair or replace any such damage;or(c)pay Lessor fair compensation for any such losses or damage. This provision shall survive the termination of the Lease. ARTICLE VII, Assignment;Encumbrance of Lease Section 7.1 Right to Encumber (a) Lessee may at any time mortgage or encumber all or any part of its interest in the Lease and rights under this Lease and/or enter into a collateral assignment of all or any part of its interest in the Lease or rights under this Lease to any entity providing equity or debt financing for the Facility("Lender")without the consent of Lessor. Any Lender shall have no obligations under this Lease until such time as it exercises its rights to acquire Lessee's interests subject to the lien of Lender's mortgage by foreclosure or otherwise assumes the obligations of Lessee directly. Lessee shall notify Lessor of the identity and notice address for any Lender. (b) Lessor and Lessee agree that, once all or any part of Lessee's interests in the Lease are mortgaged or assigned to a Lender,they will not modify or terminate this Lease without the prior written consent of the Lender. Lessee agrees to cooperate with 14 any Lender and agrees to negotiate in good faith with respect to any modifications to this Lease which may be requested by any Lender. (c) Lessor agrees that any Lender shall have the right to make any payment and to do any other act or thing required to be performed by Lessee under this Lease,and any such payment, act or thing performed by Lender shall be as effective to prevent a default under this Lease and any forfeiture of any of Lessee's rights under this Lease as if done by Lessee itself. (d) During the time all or any part of Lessee's interests in the Lease are mortgaged or assigned to any Lender, if Lessee defaults under any of its obligations and Lessor is required to give Lessee notice of the default,Lessor will also give Lender notice of the default at the address provided by Lessor pursuant to Section 7.1(a). If Lessor becomes entitled to terminate this Lease due to an uncured default by Lessee, Lessor will not terminate this Lease unless it has first given written notice of the uncured default and of its intent to terminate this Lease to the Lender and has given the Lender at least thirty(30)days to cure the default to prevent termination of this Lease. If within such thirty(30)day period the Lender notifies Lessor that Lender must foreclose on Lessee's leasehold interest or otherwise take possession of Lessee's interest under this Lease in order to cure the default, Lessor shall not terminate this Lease and shall permit the Lender a reasonable period of time necessary for the Lender,with the exercise of due diligence,to foreclose or acquire Lessee's leasehold interest under this Lease and to perform or cause to be performed all of the covenants and agreements to be performed by Lessee.The time within which Lender must foreclose or acquire Lessee's leasehold interest shall be extended to the extent Lender is prohibited by an order or injunction issued by any court or the operation of any bankruptcy or insolvency law from commencing or prosecuting the necessary foreclosure or acquisition. The extension of time provided for foreclosure shall not apply to defaults consisting solely of a failure to pay Rent or other amounts due Lessor. Notwithstanding the foregoing, Lessor's failure to give any notice to Lender as described in this Section 7.1(d) shall not constitute a breach of this Lease and Lessor shall not be liable to any party for failure to give such notice to Lender. (e) The acquisition of all or any part of Lessee's interests in the Lease by any Lender through foreclosure or other judicial or non judicial proceedings in the nature of foreclosure, or by any conveyance in lieu of foreclosure, shall not require the consent of Lessor nor constitute a breach or default of this Lease by Lessee, and upon the completion of the acquisition or conveyance Lessor shall acknowledge and recognize Lender as Lessee's proper successor under this Lease upon Lender's cure of any existing Lessee defaults and assumption of the obligations of Lessee under this Lease prospectively. 15 Section 7.2 Assignment Lessee may not assign, sublease, transfer or convey any portion of its interests in this Lease without the prior written consent of Lessor, which shall not be unreasonably withheld, conditioned or delayed, except for (i) assignment of its rights in their entirety to an entity created to own and operate the Facility and which is at least fifty percent (50%) owned by Lessee, and(ii) any collateral assignment to a Lender as set forth in Section 7.1(a). Lessee shall notify Lessor of any such assignment.Any other such purported assignment,sublease,transfer or conveyance without the required consent from Lessor shall be void. Lessor may sell or transfer any portion of the Lessor Property and Premises at any time provided that to the extent any such property is subject to this Lease, the purchaser or transferee acknowledges the continuing validity of the Lease and agrees to perform those obligations. Section 7.3 Continuing Nature of Obligations (a) The solar easement and related rights granted by Lessor in this Lease to Lessee are an easement in gross, representing interests personal to and for the benefit of Lessee, its permitted successors and assigns, as owner of the rights created by the easement. The easement shall terminate automatically when the Lease terminates. The easement and other rights granted by Lessor in this Lease are independent of any lands or estates or interest in Iands, there is no other real property benefiting from the solar easement and related rights granted in this Lease and,as between the Premises and other tracts of property,no tract is considered dominant or servient as to the other. (b) The burdens of the solar easement and all other rights granted to Lessee in this Lease shall run with and against the Premises and the Easement Premises and shall be a charge and burden on the Premises and the Easement Premises and shall be binding upon and against Lessor and its successors, assigns, peimittees, licensees, lessees,employees and agents. The Lease,including the solar easement,shall inure to the benefit of Lessee and its permitted successors, assigns,permittees, licensees and lessees. Lessor acknowledges that any sale or conveyance of the Lessor Property or Lessor Improvements shall be subject to the leasehold and easement interests of Lessee in this Lease. ARTICLE VIII. Condemnation/Force Majeure/Casualty Section 8.1 Condemnation If eminent domain proceedings are commenced against all or any portion of the Premises, and the taking and proposed use of such property would prevent or adversely affect Lessee's construction, installation or operation of the Facility on I6 the Premises or related facilities,the Parties shall either amend this Lease to reflect any necessary relocation of the Facility which will preserve the value and benefit of the Lease to Lessee,together with any corresponding payments, or, at Lessee's option,this Lease may be terminated,provided that any such termination shall not terminate Lessee's rights to participate in any condemnation proceedings or to any award in its favor as set forth in Section 8.2. Section 8.2 Proceeds All payments made by a condemnor on account of a taking by eminent domain shall be the property of the Lessor. Lessee shall be entitled to a separate award or amount paid for the reasonable costs of removing or relocating any of the Facility, and any loss of any of the Facility or any separate loss of use of the value of the Lease. Lessee shall have the right to participate in any condemnation proceedings to this extent. Lessee's right to compensation as set forth in this Section 8.2 shall survive the termination of this Lease or the taking by the condemnor of possession of the Premises,Access Premises,Transmission Premises,or Lessor Property. Section 8.3 Force Majeure Neither Lessor nor Lessee shall be liable to each other,or be permitted to terminate this Lease,for any failure to perform an obligation of this Lease to the extent such performance is prevented by a Force Majeure, which shall mean an event beyond the control of the Party affected and which, by exercise of due diligence and foresight, could not reasonably have been avoided, and includes,but is not limited to, fire, earthquake, flood,hurricane, tornado, war, epidemics, riot or civil strife, strikes or labor disputes,or the action by any governmental authority to prohibit the performance of the applicable obligation for reasons not attributable to the affected Party. The affected Party shall notify the other Party of the occurrence of the Force Majeure and its effect on performance of the Lease and shall take all reasonable efforts to remove or overcome the effects of the Force Majeure preventing performance of its obligations under this Lease. Section 8.4 Casualty In the event that all or any portion of the Lessor Improvements upon which the Premises is located are damaged or destroyed by fire or other cause, and Lessor elects not to repair the damage or rebuild the applicable Lessor Improvements, and as a result some or all of the Facility will require removal, Lessee and Lessor shall amend this Lease to reflect any reduction in the size of the Facility or, if the entire Facility will require permanent removal, Lessee shall have the right to terminate this Lease. If Lessor elects to repair or rebuild some or all of the affected portion of the Lessor Improvements, Lessee shall remove any portion of the Facility required to facilitate the repairs, provided that Rent shall be abated until the applicable portion of the Facility is reinstalled and operational. 17 ARTICLE IX. Default/Termination Section 9.1 Events of Default (a) Subject to Section 7.1,each of the following shall constitute an event of default that shall permit the non-defaulting Party to terminate this Lease or pursue other remedies available at law or equity. (i) any failure by Lessee to pay Rent if the failure to pay continues for thirty (30)days after written notice from Lessor to Lessee and any Lender; (ii) any other material breach of this Lease by either Party which continues for thirty(30)days after written notice of default from the non-defaulting Party or, if the cure will take longer than thirty (30) days, the length of time necessary to effect cure as long as the defaulting Party is making diligent efforts to cure during that time. (b) For all claims,causes of action and damages the Parties shall be entitled to the recovery of actual damages allowed by law unless otherwise limited by the Lease. Neither the enumeration of events of default in Section 9.1 nor the termination of this Lease by a non-defaulting Party shall limit the right of a non- defaulting Party to rights and remedies available at law, including, but not limited to,claims for breach of contract or failure to perform by the other Party and for direct damages incurred by the non-defaulting Party as a result of the termination of this Lease. Section 9.2 Surrender Upon the termination or expiration of this Lease, Lessee shall peaceably surrender the Premises to Lessor and remove the Facility from the Premises at Lessee's expense as required under Section 4.3 of this Lease. Lessee shall execute and deliver to Lessor a quit claim deed,release or other instrument requested by Lessor in recordable form reflecting the extinguishment of Lessee's rights under the Lease. Section 9.3 Specific Performance Lessor acknowledges and agrees that should Lessor breach any of its obligations hereunder or otherwise fail to permit Lessee to exercise any of its rights and privileges hereunder with respect to use of the Premises, Access Premises and Transmission Premises,Lessee shall have the right to seek specific performance of the applicable portions of the Lease,and that money damages would be difficult to calculate and not sufficient to compensate Lessee for likely damages. 18 Section 9.4 No Consequential Damages Notwithstanding anything to the contrary in this Lease,neither Lessee nor Lessor shall be entitled to,and each of them expressly waives,any and all rights to recover consequential, incidental,punitive, indirect or exemplary damages, including, but not limited to,loss of use,loss of revenues, loss of profit, interest charges, or cost of capital, however arising, whether in contract, tort, equity or otherwise, with respect to any claim, action or damages arising from or in connection with this Lease. ARTICLE X. Miscellaneous Section 10.1 Notice Notices,consents or other documents required or permitted by this Lease must be given by personal delivery, reputable overnight courier, or U.S. certified mail postage prepaid and shall be sent to the respective parties as follows: To Lessor: The City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 Attn: City Manager To Lessee: CEF Eden Prairie Community Solar,LLC c/o Cooperative Energy Futures 3500 Bloomington Avenue South Minneapolis,MN 55407 (612)568-2334 Notice shall be deemed delivered upon receipt or refusal, if personally delivered, upon the date of actually delivery or refusal shown on the courier's delivery receipt if sent by overnight courier,and on the fourth business day after deposit in the U.S. mail if sent by certified mail. Any Party may change the address for notice by notice to the other Party. Section 10.2 No Third Party Beneficiaries Nothing in this Agreement shall be construed to create any duty to, or standard of care with reference to, or liability to, any person not a party to this Agreement. Except for the rights of Lenders set forth above, no provision of this Lease is intended to nor shall it in any way inure to the benefit of any third party so as to constitute any such person a third party beneficiary under this Lease,or of any one or more of the terms of this Lease,or otherwise give rise to any cause of action in any person not a Party to this Lease. 19 Section 10.3 Entire Agreement It is mutually understood and agreed that this Lease constitutes the entire agreement between Lessor and Lessee and supersedes any and all prior oral or written understandings, representations or statements, and that no understandings, representations or statements, verbal or written, have been made which modify, amend,qualify or affect the tenns of this Lease. This Lease may not be amended except in a writing executed by both Parties. Section 10.4 Governing Law This Lease is made in Minnesota and shall be governed by the laws of the State of Minnesota. This instrument is exempt from Minnesota deed tax. Section 10.5 Cooperation Each of the Parties, without further consideration, agrees to execute and deliver such additional documents and take such action as may be reasonably necessary to. carry out the purposes and intent of this Lease and to fulfill the obligations of the respective Parties. Section 10.6 Waiver Neither Party shall be deemed to have waived any provision of this Lease or any remedy available to it unless such waiver is in writing and signed by the Party against whom the waiver would operate. Any waiver at any time by either Party of its rights with respect to any rights arising in connection with this Lease shall not be deemed a waiver with respect to any subsequent or other matter. Section 10.7 Relationship of Parties The duties, obligations and liabilities of each of the Parties are intended to be several and not joint or collective. This Lease shall not be interpreted or construed to create an association,joint venture,fiduciary relationship or partnership between Lessor and Lessee or to impose any partnership obligation or liability or any trust or agency obligation or relationship upon either Party. Lessor and Lessee shall not have any right,power,or authority to enter into any agreement or undertaking for, or act on behalf of, or to act or be an agent or representative of, or to otherwise bind,the other Party. Section 10.8 Severability Should any provision of this Lease be or become void,illegal or unenforceable,the validity or enforceability of the other provisions of the Lease shall not be affected and shall continue in full force. The Parties will,however,use their best efforts to agree on the replacement of the void, illegal or unenforceable provisions with 20 legally acceptable clauses which correspond as closely as possible to the sense and purpose of the affected provision and the Lease as a whole. Section 10.9 Counterparts This Lease may be executed in two or more counterparts and by different parties on separate counterparts, all of which shall be considered one and the same agreement and each of which shall be deemed an original. Section 10.10 Survival of Obligations Any obligations of Lessee accruing prior to the end of the Lease Term and any obligation to remove Lessee's Facility and improvements, repair and restore any damage occasioned thereby, any indemnification, and any provision of the Lease, to the reasonable extent necessary to fulfill the intent of the parties shall survive the termination hereof. Section 10.12 Recording; Memorandum of Lease. Lessee and Lessor agree not to record this Lease unless required by a Lender. Lessor agrees to execute and deliver a memorandum of lease which may be recorded by Lessee to provide notice to third parties of Lessee's rights pursuant to this Lease. Drafted By: Paulson Law Office,Ltd. 4445 West 77' Street, Suite 224 Edina,MN 55435 (952)835-0055 [Signature pages to follow] 21 THE CITY OF EDEN PRAIRIE, a Minnesota municipal corporation 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 City Manager of the City of Eden Prairie, a Minnesota municipal corporation on behalf of the corporation. Notary Public 22 CEF Eden Prairie Community Solar, LLC, a Minnesota limited liability company By: 4.61 c 1 - Its: Pre, tieAi- STATE OFA.' rr4`c4 ) ) ss. COUNTY OF H u-A-•c`r,' The foregoing instrument was acknowledged before me this IIlL day of Fe I vi 2019 by '(;n.o);1 ‘,1f,r -11 , the Pr e ci cL k of CEF Eden Prairie Community Solar, LLC, a Minnesota limited liability company,on behalf of the company. ,.rc�, CHERI KAY GETZ Notary Public I NOTARY PUBLIC `'r' r. _ MINNESOTA My Commission Expires Jan.31,2020 ' ++ Commission it 6189898 23 EXHIBIT A DESCRIPTION OF LESSOR PROPERTY,PREMISES, AND ACCESS PREMISES 1. Lessor Property A tract in Hennepin County,Minnesota described as follows: THE SOUTH 430.00 FEET OF THE EAST 340.00 FEET OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 8, TOWNSHIP 116 NORTH,RANGE 22 WEST; AND THAT PART OF LOT 1,BLOCK 1, LORENCE SECOND ADDITION LYING SOUTHERLY AND SOUTHEASTERLY OF A LINE DESCRIBED AS COMMENCING AT THE SOUTHEAST CORNER THEREOF; THENCE NORTH 88 DEGREES 05 MINUTES 12 SECONDS WEST ALONG THE SOUTH LINE OF SAID LOT 1 TO THE SOUTHWEST CORNER THEREOF AND THE POINT OF BEGINNING OF SAID DESCRIBED LINE; THENCE NORTH 83 DEGREES 55 MINUTES 46 SECONDS EAST 77.40 FEET; THENCE SOUTH 88 DEGREES 05 MINUTES 12 SECONDS EAST 85,41 FEET; THENCE NORTH 28 DEGREES 02 MINUTES 45 SECONDS EAST TO THE EAST LINE OF SAID LOT 1 AND SAID LINE THERE ENDING; AND THAT PART OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER AND OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 8 DESCRIBED AS BEGINNING AT THE SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER OF THE NORTHWEST QUARTER; THENCE NORTHERLY ALONG THE WEST LINE THEREOF TO THE SOUTHEAST LINE OF LORENCE THIRD ADDITION;THENCE NORTHEASTERLY ALONG SAID SOUTHEAST LINE TO THE MOST EASTERLY CORNER OF SAID LORENCE THIRD ADDITION; THENCE NORTHWESTERLY ALONG THE NORTHEAST LINE THEREOF TO THE WEST LINE OF SAID SOUTHEAST QUARTER OF THE NORTHWEST QUARTER; THENCE NORTHERLY ALONG SAID WEST LINE TO A POINT 654.29 FEET NORTH OF THE POINT OF BEGINNING; THENCE DEFLECT RIGHT 127 DEGREES 07 MINUTES 29 SECONDS 184.26 FEET; THENCE EASTERLY 527.79 FEET ALONG A TANGENTIAL CURVE TO THE LEFT HAVING A RADIUS OF 560.00 FEET;THENCE EASTERLY ALONG A REVERSE CURVE HAVING A RADIUS OF 1010.00 FEET TO ITS INTERSECTION WITH THE WEST LINE OF THE EAST 80.00 FEET OF SAID SOUTHEAST QUARTER OF THE NORTHWEST QUARTER;THENCE NORTH ALONG SAID WEST LINE 526.46 FEET; THENCE EASTERLY PARALLEL WITH THE SOUTH LINE OF THE NORTH HALF OF SAID SECTION 8 TO THE CENTER LINE OF EDEN PRAIRIE ROAD;THENCE SOUTHERLY ALONG SAID CENTER LINE TO A POINT 400.00 FEET NORTH AS MEASURED ALONG SAID CENTER LINE FROM SAID SOUTH LINE;THENCE WESTERLY PARALLEL WITH SAID SOUTH LINE TO ITS 24 INTERSECTION WITH A LINE DRAWN PARALLEL WITH SAID CENTER LINE FROM A POINT ON SAID SOUTH LINE 1666.07 FEET WEST FROM THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 8;THENCE SOUTH ALONG SAID PARALLEL LINE TO THE SOUTH LINE THEREOF;THENCE WESTERLY ALONG SAID SOUTH LINE TO THE BEGINNING;EXCEPT THAT PART DESCRIBED AS COMMENCING AT THE INTERSECTION OF THE CENTER LINE OF VALLEY VIEW ROAD AND THE WEST LINE OF THE NORTHEAST QUARTER OF SECTION 8. TOWNSHIP 116 North,RANGE 22 West;THENCE NORTHERLY ALONG SAID WEST LINE 177.36 FEET;THENCE DEFLECT RIGHT 38 DEGREES 20 MINUTES 05 SECONDS A DISTANCE OF 105.94 FEET TO THE POINT OF BEGINNING OF SAID EXCEPTION; THENCE DEFLECT LEFT 90 DEGREES A DISTANCE OF 129.00 FEET;THENCE DEFLECT RIGHT 90 DEGREES A DISTANCE OF 258.00 FEET; THENCE DEFLECT RIGHT 90 DEGREES A DISTANCE OF 129.00 FEET;THENCE DEFLECT RIGHT 90 DEGREES A DISTANCE OF 258.00 FEET TO THE POINT OF BEGINNING OF SAID EXCEPTION, SUBJECT TO ROAD; ALSO THAT PART OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 8 DESCRIBED AS BEGINNING AT THE NORTHEAST CORNER OF LOT 6, BLOCK 5,ROUND LAKE ESTATES 2ND ADDITION SAID NORTHEAST CORNER BEING ON THE NORTH LINE OF SAID NORTH HALF OF THE SOUTHWEST QUARTER;THENCE SOUTHERLY AT RIGHT ANGLES TO SAID NORTH LINE 100.00 FEET;THENCE 593.12 FEET ALONG A TANGENTIAL CURVE TO THE LEFT HAVING A RADIUS OF 1857.00 FEET; THENCE 480.56 FEET ALONG A COMPOUND CURVE TO THE LEFT WITH A RADIUS OF 703.00 FEET;THENCE 190.07 FEET ALONG A COMPOUND CURVE TO THE LEFT HAVING A RADIUS OF 330.00 FEET;THENCE EASTERLY TANGENT TO SAID CURVE TO THE NORTHEAST CORNER OF LOT 4, BLOCK 2 OF SAID ROUND LAKE ESTATES 2ND ADDITION, SAID CORNER BEING ON THE EAST LINE OF THE WEST 293.80 FEET OF THE EAST HALF OF SAID NORTH HALF OF THE SOUTHWEST QUARTER;THENCE SOUTHERLY ALONG SAID EAST LINE TO THE SOUTH LINE OF THE NORTH 1138.00 FEET OF SAID NORTH HALF OF THE SOUTHWEST QUARTER;THENCE EASTERLY'ALONG SAID SOUTH LINE TO A LINE RUNNING FROM A POINT IN THE NORTH LINE OF SAID SOUTHWEST QUARTER 997.80 FEET WEST FROM THE NORTHEAST CORNER THEREOF TO A POINT IN THE CENTERLINE OF HIGHWAY NO. 5 1067.20 FEET WEST FROM THE EAST LINE OF SAID SOUTHWEST QUARTER;THENCE CONTINUE EASTERLY ALONG SAID SOUTH LINE OF THE NORTH 1138.00 FEET TO THE EAST LINE OF SAID NORTH HALF OF THE SOUTHWEST QUARTER;THENCE NORTHERLY ALONG SAID EAST LINE TO THE NORTHEAST CORNER THEREOF;THENCE WESTERLY ALONG THE NORTH LINE OF SAID NORTH HALF OF THE SOUTHWEST QUARTER TO THE POINT OF BEGINNING; ALSO THAT PART OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 8 LYING NORTH OF THE NORTH LINE OF KIRK MEADOWS AND WESTERLY OF THE CENTERLINE OF COUNTY ROAD NO.4; 25 ALSO THAT PART OF SECTION 8,TOWNSHIP 116 NORTH,RANGE 22 WEST, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 8;THENCE NORTH 2 DEGREES 45 MINUTES 21 SECONDS WEST ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 8 A DISTANCE OF 654.29 FEET;THENCE SOUTH 55 DEGREES 37 MINUTES 52 SECONDS EAST A DISTANCE OF 184.26 FEET TO A TANGENTIAL CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 560.00 FEET A CENTRAL ANGLE OF 54 DEGREES 00 MINUTES 00 SECONDS AND AN ARC LENGTH OF 527.79 FEET;THENCE EASTERLY ALONG A REVERSE CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 1010.00 FEET A CENTRAL ANGLE OF 38 DEGREES 00 MINUTES 00 SECONDS AND AN ARC LENGTH OF 669.80 FEET TO THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 8;THENCE NORTH 2 DEGREES 27 MINUTES 52 SECONDS WEST ALONG SAID WEST LINE OF THE NORTHEAST QUARTER OF SECTION 8 A DISTANCE OF 549.62 FEET; THENCE ON A BEARING OF EAST PARALLEL WITH SAID SOUTH LINE OF THE NORTH HALF OF SECTION 8 A DISTANCE OF 111.89 FEET TO THE POINT OF BEGINNING;THENCE NORTH 35 DEGREES 54 MINUTES 45 SECONDS EAST A DISTANCE OF 63.99 FEET;THENCE SOUTH 69 DEGREES 31 MINUTES 23 SECONDS EAST A DISTANCE OF 15.45 FEET;THENCE EASTERLY ALONG A TANGENTIAL CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF. 54.11 FEET A CENTRAL ANGLE OF 88 DEGREES 44 MINUTES 26 SECONDS AND AN ARC LENGTH OF 83.80 FEET;THENCE EASTERLY ALONG A REVERSE CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 11.25 FEET A CENTRAL ANGLE OF 89 DEGREES 06 MINUTES 08 SECONDS AND AN ARC LENGTH OF 17.50 FEET;. THENCE SOUTH 69 DEGREES 09 MINUTES 41 SECONDS EAST A DISTANCE OF 26.53 FEET;THENCE NORTH 21 DEGREES 04 MINUTES 03 SECONDS EAST A DISTANCE OF 8.00 FEET;THENCE SOUTH 69 DEGREES 09 MINUTES 41 SECONDS EAST A DISTANCE OF 70.67 FEET;THENCE EASTERLY ALONG A TANGENTIAL CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 807.91 FEET A CENTRAL ANGLE OF 40 DEGREES 10 MINUTES 24 SECONDS AND AN ARC LENGTH OF 566.47 FEET; THENCE SOUTH A DISTANCE OF 49.02 FEET;THENCE WEST PARALLEL WITH SAID SOUTH LINE OF THE NORTH HALF OF SECTION 8 A DISTANCE OF 784.26 FEET TO THE POINT OF BEGINNING;EXCEPT THAT PART OF SECTION 8,TOWNSHIP 116 NORTH,RANGE 22 WEST,DESCRIBED AS FOLLOWS:COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 8; THENCE NORTH 2 DEGREES 45 MINUTES 21 SECONDS WEST ALONG THE WEST LINE of SAID SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 8 A DISTANCE OF 654.29 FEET;THENCE SOUTH 55 DEGREES 37 MINUTES 52 SECONDS EAST A DISTANCE OF 184.26 FEET TO A TANGENTIAL CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 560.0.0 FEET A CENTRAL ANGLE OF 54 DEGREES 00 MINUTES 00 SECONDS AND AN ARC LENGTH OF 527.79 FEET;THENCE EASTERLY ALONG A REVERSE CURVE . CONCAVE TO THE SOUTH HAVING A RADIUS OF 1010.00 FEET A CENTRAL ANGLE OF 38 DEGREES 00 MINUTES 00 SECONDS AND AN ARC LENGTH OF 669.80 FEET TO THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 8;THENCE NORTH 2 DEGREES 27 MINUTES 52 SECONDS WEST ALONG SAID WEST LINE OF 26 THE NORTHEAST QUARTER OF SECTION 8 A DISTANCE OF 549.62 FEET;THENCE ON A BEARING OF EAST PARALLEL WITH SAID SOUTH LINE OF THE NORTH HALF OF SECTION 8 A DISTANCE OF 111.89 FEET TO THE POINT OF BEGINNING;THENCE SOUTH 35 DEGREES 54 MINUTES 45 SECONDS WEST A DISTANCE OF 308.83 FEET TO A LINE 80.00 FEET WEST OF AND PARALLEL WITH THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 8;THENCE NORTH 02 DEGREES 27 MINUTES 52 SECONDS WEST ALONG SAID PARALLEL LINE A DISTANCE OF 250.36 FEET; THENCE EAST PARALLEL TO THE SOUTH LINE OF SAID NORTH HALF OF SECTION 8 A DISTANCE OF 191.89 FEET TO THE POINT OF BEGINNING, SUBJECT TO HIGHWAY. 2. Premises The Lessor Improvements consist of the buildings commonly known as the Eden Prairie Community Center located at 16700 Valley View Road, Eden Prairie,Minnesota, located on that portion of the Lessor Property north of Valley View Road,West of Eden Prairie Road and south of Eagle Way. The Premises shall include all area on and over the roofs on the existing Lessor Improvements as depicted in the diagram attached as Exhibit A-1,as well as an area of land adjacent to and north of the existing Lessor Improvements as depicted in the diagram attached as Exhibit A-1. 3. Access Premises Driveways to and in the Lessor Property from Eagle Way and Valley View Road and all paved and unpaved or improved areas of the Lessor Property necessary to access the Lessor Improvements and Premises, including access to the roofs of the Lessor Improvements from the exterior by ladder or crane at locations to be mutually agreed by the Parties, and from the interior through stairwells and doors designated by Lessor. Any damage to Lessor Property as a result of such access shall be restored and repaired at Lessee's expense. 27 EXHIBIT A-1 : I (------ peak{G JLeid ueP3 F- m LI f I TN ) _-1____ F u4----,....,_ \ - -� 1y ,__ j____------71/ _ _, _____ 0) \ . .... _______________ , ____ , _ -2 re Li------"1,----- -----,,,, / LU •• W C r OF - Cf . \ / f k'''. - :,-..,4:8 M CO / . 1 -.4i,;. to �m� a. ..(7 ctz ,L, . ill Q U eL _ l W U -t ; )LTh/ i_zik • I �.1t 1 1 EXHIBIT B DESCRIPTION OF EASEMENT PREMISES AND TRANSMISSION PREMISES 1. Easement Premises That part of the Lessor Property north of Valley View Road,Hennepin County,Minnesota. 2. Transmission Premises. Portions of the Lessor Property described as follows: (i) A strip from the north end of the Facility located on the rooftop portion of the Premises down the exterior wall of the Lessor Improvements to ground level within which electric lines will be located and attached to the Lessor Improvements; (ii)an area of land north of the Lessor Improvements and including the expected locations of Lessee's ground level transformers and related equipment and NSP's expected new transformer equipment serving the Facility, as well as underground electric lines from the point at which the Facility's electric lines arrive at ground level as described in clause (i) and Lessee's and NSP's new electrical equipment serving the Facility; and (iii) A strip of land thirty feet wide from the high voltage side of NSP's new transformer and immediately south of and adjacent to Eagle Way east to a point near Eden Prairie Road where the line will interconnect with NSP's existing distribution lines. The final NSP transformer location and location of its new lines from the transformer to Eden Prairie Road are expected to be included within the area NSP easement described in Section 1.1(c) and Exhibit C. To the extent an easement is granted in favor of NSP for portions of the Transmission Premises, the Transmission Premises will be amended to delete the corresponding area. 29 EXHIBIT C NSP INTERCONNECTION POINT Interconnection will be at an existing NSP distribution pole along the west side of Eden Prairie Road near its intersection with Eagle Way as depicted in the diagram attached as Exhibit C-1. 30 EXHIBIT C-1 peas apleid"133 • .. \--- ' ,',. .iif d l____ N W c�W , .i.:___>_: :--(1-T-7cjzjj I): ` .., •... , -, - 7' � •� —_ , JII 1 lim ) 1 N., \.... ,.. "?., ". N v N i I! ' _- 7__ 47 N. , / 7— . (2) • C.-1/411-ef.:,..<4/././ r_;,_____---' 2 : %..0 as tg./ b riff Isi1/4 - �... C o ui 4- 5 re a '4 '0 gE t {�11 agw E uui 0 0 a wU \ %I____ �^ — 1 } ti EXHIBIT D RENT Rent shall equal$500 per year for the period prior to the Commencement Date and after the Commencement Date the rent shall equal$2,000 per year for each Lease Year.The rent paid prior to the Commencement Date shall be pro-rated based on a 365 day year. 32 EXHIBIT E INSURANCE 1. Lessee shall procure and maintain throughout the Term, at its own expense, the following policies of insurance: (a) Workers'Compensation and Employer's Liability insurance that complies with the laws of Minnesota to the extent of statutory limits,if applicable including a waiver of subrogation to Lessor; (b) Comprehensive or Commercial General Liability insurance with bodily injury and property damage combined single limits of at least $2,000,000 per occurrence. Such insurance shall include, but not necessarily be limited to, specific coverage for contractual liability encompassing the indemnification provisions in this Lease, broad form property damage liability, personal injury liability, explosion and collapse hazard coverage, and products/completed operations liability coverage; (c) Comprehensive automobile liability insurance to the extent applicable with bodily injury and property damage combined single limits of at least $1,000,000 per occurrence covering vehicles owned,hired, or non-owned;and (d) Lessee shall maintain Excess or Umbrella Liability Insurance with limits of not less than $5 million per occurrence and in the general annual aggregate in excess of the limits provided in the policies set forth above. The coverage terms of the Excess insurance must be at least as broad as the underlying insurance policies. (e) All other insurance required by Applicable Laws as deemed appropriate by Lessee. 2. All policies of insurance required hereunder shall be with an insurer authorized by law to do business in Minnesota. All insurers shall be issued from companies satisfactory to Lessor and have a rating of A-or better in the current A.M. Best Rating Guide. 3. The amounts of insurance required above may be satisfied by Lessee buying primary coverage in the amounts specified or by buying a separate excess umbrella liability policy together with the lower limit primary underlying coverage. The structure of the coverage is Lessee's option, as long as the total amount of insurance meets the requirements of this Lease. 4. The policies required of Lessee shall be "occurrence" form policies. Lessee may not use "claims-made"form coverage to meet its obligations without the prior written consent of each such policy from Lessor. 33 5. Lessee's Commercial General Liability policy,and Umbrella or Excess Liability policies shall include each of the following endorsements, and its workers' compensation and automobile liability policies shalt include endorsement(d)listed below: a. Lessor and its elected and appointed officials, directors, officers, employees and agents shall be additional insureds under all policies including ongoing operations and completed operations. b. The policies are to be primary with respect to the interests of the Lessor, and its elected and appointed officials, directors, officers, employees and agents, and any other insurance maintained by any of them shall be excess and not contributory with Lessee's insurance. c. Each insurer shall waive all rights of subrogation against Lessor and its elected and appointed officials, directors,officers, employees,and agents. d. Notwithstanding any other provision of a policy, no policy shall be cancelled or changed in a material way by the insurer or expire without thirty (30) days prior written notice to Lessor. e. Each insurer shall expressly agree that(i)the procurement of the applicable policy and the inclusion of the City of Eden Prairie and other persons listed with respect to it in Section 5(a) as additional insureds does not waive any of the defenses of governmental immunity available under Minnesota law as it now exists and as it may be amended in the future; (ii)the City of Eden Prairie shall be responsible for asserting any defense of governmental immunity and may do so at any time, including upon the timely request of the applicable carrier; and (iii) the insurance carrier shall not deny coverage under any policy nor deny any of the rights and benefits accruing to the City of Eden Prairie and its other additional insureds under the applicable policy due to the availability of a governmental immunity defense unless and until a court of competent jurisdiction has confirmed the applicability of governmental immunity asserted by the City of Eden Prairie in a non-applicable final order or judgment. 6. Lessee or its insurers or agents shall provide Lessor with certificates of insurance evidencing the policies and endorsements described prior to commencing any physical activities on the Lessor Property. Failure to obtain the insurance coverage required shall in no way relieve or limit Lessee's obligations and liabilities under other provisions of this Agreement. 34 EXHIBIT F DEFINED TERMS The terms defined below,when capitalized and used in the Lease, shall have the meanings given to them in this Exhibit F. i. Applicable Laws: All applicable laws, statutes, treaties, codes, ordinances, regulations, orders, licenses, permits, and rules of any governmental authority,now in effect or enacted in the future, as amended, and as interpreted and applied, and all applicable judicial, administrative, arbitration and regulatory decrees,judgments,injunctions,writs, orders,and awards. 2. Emergency: Any condition or situation that in the judgment of Lessor or Lessee (i) endangers or might endanger life or property, or(ii)adversely affects Lessor's ability to maintain a safe environment at the Lessor Improvements,including the Premises. 3. Environmental Attributes: All attributes of an environmental or other nature that are created or otherwise arise from the Facility, generation of electricity using sunlight as a source of energy, either in its own right or in contrast to the generation of electricity using nuclear or fossil fuels or resources, including, but not limited to, tags, certificates or similar products or rights associated with solar energy as a "green" or"renewable" energy resource, including any and all environmental air quality credits, emissions reductions, allowances, offsets or other benefits related to the use of solar energy at the Lessor Property in a manner which reduces, displaces or offsets emissions resulting from fuel combustion pursuant to any existing or future international, federal, regional, state or local legislation, regulation or agreement or voluntary agreement, and the aggregate amount of credits,offsets or other benefits related to any environmental or renewable energy credit trading program, information system or tracking system associated with the energy generated from the Facility, and any credits, allowances, offsets, or emission or pollution reductions for substances such as mercury,nitrogen oxide, sulfur dioxide, carbon dioxide,carbon monoxide, particulate matter, or other contaminants or air, water or soil under federal, state, regional or local law or any international regulatory or voluntary program, including the United Nations Framework Convention on Climate Change and related Kyoto Protocol and similar or successor programs, agreements, laws and regulations. "Environmental Attributes" does not include investment tax credits, or any similar tax credits,or cash grants,production incentives or similar tax or cash benefits,whether or not such tax credits or cash benefits arise from or are related to the Facility's use or generation of solar energy. 4. Environmental Law: Any federal, state and local laws, including statutes, regulations, rulings, orders, administrative interpretations and other governmental restrictions and requirements,relating to the production, handing, release, discharge, treatment or disposal of air pollutants, water pollutants, process waste water, Hazardous Substances, toxic substances or otherwise relating to the natural environment or natural resources, each as amended from time to time,including,but not Iimited to(i)the Clean Air Act,as amended,42 U.S.C. § 7401 et seq.; (ii) the Federal Water Pollution Control Act,as amended, 33 U.S.C. § 1251 et seq.; (iii)the Resource Conservation and Recovery Act of 1976, as amended, 42 U.S.C. § 6901 et. seq.; (iv) the 35 Comprehensive Environmental Response,Compensation, and Liability Act of 1980,as amended, 42 U.S.C. § 9601 et seq.;(v)the Toxic Substances Control Act,as amended, 15 U.S.C. § 2601 et seq.; (vi) Occupational Safety and Health Act of 1970; (vii) the Emergency Planning and Community Right-to-Know Act,42 U.S.C. § 11001 et seq.;and(viii)any other similar applicable federal, state or local law. 5. Hazardous Substance: (A)Any substance which is listed,defined,designated or classified under any Environmental Law as a (i) hazardous material, substance, constituent or waste, (ii) toxic material,substance,constituent or waste,(iu)radioactive material,substance,constituent or waste,(iv)dangerous material,substance,constituent or waste, (v)pollutant, (vi) contaminant,or (vii) special waste; (B) any material, substance, constituent or waste regulated under any Environmental Laws;or(C)petroleum,petroleum products,radioactive materials,polychlorinated biphenyl,pesticides, asbestos,or asbestos-containing materials. 6. NSP: Northern States Power Company, a Minnesota corporation, and its successors and assignees. 7. PPA: Any contract or agreement or other arrangement pursuant to which Lessee sells the electricity and related capacity to NSP or any other purchaser. 8. Prudent Electric Industry Practice: Those methods and that equipment, as changed from time to time, that are commonly used and accepted in electrical engineering and operations to operate electrical equipment lawfully and with safety,dependability and efficiency,including,but not limited to,the requirements of the National Electric Safety Code,the National Electrical Code, NSP,and any other Applicable Law. • 36 EXHIBIT G FORM OF NSP ELECTRIC EASEMENT KNOW ALL BY THESE PRESENTS, that the undersigned, hereinafter called "Grantor", in consideration of the sum of$1.00 and other good and valuable consideration in hand paid by NORTHERN STATES POWER COMPANY, a Minnesota Corporation, dlb/a )(eel Energy, the receipt and sufficiency whereof is hereby acknowledged, do hereby, grant unto said company and its successors and assigns, hereinafter called"Grantee", an easement with the right, privilege and authority to excavate for, construct, install, mark, inspect, operate, repair, alter, replace, reconstruct, remove and maintain its facilities for the transmission and distribution of electrical energy,including the necessary poles,wires,guys,stubs,electric cables,conduits,vaults, pedestals,manholes and facilities related and appurtenant thereto,over,across,under and upon the following described land situated in the County of Hennepin, State of Minnesota, (hereinafter called"Premises")to-wit: [TBD] Except for the right of access, tree trimming and temporary working area, said easement shall be limited to that part of the Premises (hereinafter called "Easement Area" as depicted on attached Exhibit) described as follows: An easement over, under and across that part of the above described Premises, described as follows: [TBD] The grant of easement herein contained shall also include the right of reasonable access to said easement across the Premises for the purpose of exercising the rights granted herein,together with the right to remove from Easement Area any structure, trees, shrubbery, or other object or obstruction which in Grantee's opinion interferes with said facilities or the removal of which may be reasonably necessary for the construction or maintenance thereof. The grant of easement herein contained shall also include the right of reasonable use of the Premises adjacent to the Easement Area by Grantee for tree trimming purposes and for temporary construction area during construction,repair or replacement of said electric facilities. Except as otherwise provided herein or in any Underground Distribution Agreement between the Grantor and Grantee covering the above described Premises,Grantee shall, after installation of the above described electrical facilities, or after the exercise of any rights granted herein,restore the lands subject to this easement to as near their original condition as is reasonably possible and remove therefrom all debris,spoils,and equipment resulting from or used in connection with said installation. Grantor further agrees that no structure or obstruction will be erected or permitted or any trees planted on or within said Easement Area, that Grantor will not change the ground elevation thereof without the written consent of Grantee, or perform any act which will interfere with or 37 endanger said electrical facilities. The grant herein contained shall also include the right of Grantee to permit the joint use of overhead facilities and joint undergrounding with public utility and cable television companies. Grantor covenants with Grantee, its successors and assigns, that Grantor is the owner of the above described premises and has the right to sell and convey an easement in the manner and form aforesaid. This instrument and the covenants and agreements contained herein are binding upon the Grantor,his personal representatives,heirs, successors and assigns. The Grantor agrees to execute and deliver to NSP, at NSP's cost, without additional compensation any additional documents needed to correct the legal description of the easement area to conform to the right of way actually occupied by the electric lines. It is mutually understood and agreed that this instrument covers all the agreements and stipulations between the parties and that no representation or statements, verbal or written, have been made modifying, adding to or changing the terms hereof. This instrument is exempt from the Minnesota Deed Tax. SIGNATURE PAGE FOLLOWS 38 IN WITNESS WHEREOF, the undersigned have caused this instrument to be duly executed as of the day of ,20 . CITY of EDEN PRAIRIE,a Minnesota municipal corporation By: Its:Mayor By: Its: City Manager STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,20_, by Ronald A. Case and Rick Getschow the Mayor and City Manager, respectively,of the City of Eden Prairie,a Minnesota municipal corporation,on behalf of the corporation. Notary Public This instrument was drafted by: Northern States Power Company 414 Nicollet Mall,6A Minneapolis,MN 55401] Abstract: 39 EXHIBIT H AGE OF ROOF , ,.. . ' I.. + ...t . — k., " ... .- . 14. l' Lt. .). ,r,-... . ., ,1.,1 .- 1., F, ;P-1. .0.* 41K • • a) - ..• , • i 4 • , ,..c ..,. , .1bir, : •f . 13 ..,,., f, ii ok 1) :' • ' . . . ., • 1 '.1' • ' . , II.. , .1' -....„I C, co r.- .;:: 'Ti le: '7- e r..'" .11' .1 '''''41 -:• \s 44• • ::.1, • .. . 6.5 . v• '"..; . N......, •,... r . ...se)0/1 '4 -‘. ,.'..• 7 1.4. .-.'N . . • ,.• .J ....s. 9 If -...Z.740 iii. 'IP;.• • ... . ....,.. •,•.4,..,—,,,•..,..1,i.,.4...,..1... ,•.,A,,,,..„.•.,i.,,•,,i..., , t • .. .• -.l 4 _ i - .-: ..,si• i\i..4'iN 1,P..'--s,-• ,,• CI .•, t•-•.,,...'...„. (i. . *, I . =C( . • ,• ) ../ : i.-7'r,.—..;•316.$7..••d;.-•. •,Z1.n-.'I,:," 4,, / . ..,. . •, ...,,,,,:,./' d,,...,.. -• 1. - •, a % ' • . - • erk• 114.., !.,•,..„ - , •-... ''.',vo . _.-. -•.1 / ) •„' )• /" /. • ..,:.,. -- - - .. •• .. • .; ..• IN-; 1 (, .P. • i 0 c., .. ,, • . --!' -. :tC:',. ,..niv. ? . , ' (\\,41 .. . S. ; ''.• .N.. . • II•f 1,, neoe7 thliber rilip 41141111111115. - ilikl) •, • Ilk. . . -it / .. . . .. ,• . .. Ns, ,. .-1 . _A , .., . .. . .., ; 31 .01,....... . _ .. , . , •. • , ., .. . . . _ 1 . . • . ._., ....1.,...,... .446. 1 L. . . • . . . , ., . n a , CITY COUNCIL AGENDA DATE: SECTION: Public Hearings February 19, 2019 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development/Planning Stable Path IX.A. Janet Jeremiah/Beth Novak-Krebs Requested Action • Close the Public Hearing; and • Adopt a Resolution for Planned Unit Development Concept Review on 5.9 acres • Approve the 1st reading of the Ordinance for Planned Unit Development District Review with waivers on 5.9 acres and a Zoning District Change from Rural to R1-9.5 on 5.9 acres • Adopt a Resolution for a Preliminary Plat of one lot into 17 lots and 7 outlots on 5.9 acres • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions Synopsis Wooddale Builders is requesting approval of a subdivision of a 5.9 acre property into 17 single family lots and 7 outlots. The property is located at 9650 Stable Path, which is just north of Crestwood Park. The project is proposed to include an east/west road extension of Dell Drive to Stable Path. The applicant is proposing villa style homes that offer single level living. The lots range in size from 8,301 square feet to 13, 187 square feet with the smaller lots proposed on the south side of the proposed street. Due to the presence of a gas line easement on the north side of the property, the larger lots are proposed on the north side of the proposed street. Outlots B-G The applicant is proposing to deed the land between the northerly line of the gas line easement and the north property line (Outlots B-G) to the properties on the south side of Cole Court in the Stonegate of Eden Prairie subdivision. These six properties face Cole Court with their rear yards abutting the Stable Path property. The addition of the outlots will increase the depth of their rear yards. Once the property is deeded to each property owner, the outlot and the platted lot will need to be combined into one lot though an administrative lot combination. The filing of the administrative lot combinations would occur with the filing of the Final Plat for the property and are the responsibility of the developer. In addition, the developer shall submit proper documentation to the County Recorder/Registrar of Titles to have the property records updated to reflect a single lot. Language will be included in the Development Agreement requiring the applicant to file a declaration for the property requiring the outlot to be combined with the lots to north or the lots in Stable Path prior to the sale of any lots within Stable Path and the transfer of the outlot cannot be reversed. Prior to approval of the Final Plat for Stable Path, a 5 foot wide drainage and utility shall be provided along the south side of outlots B-G. Building Layout The applicant has provided a potential layout of the homes on the lots. The proposed layout provides some variety in the view from the street by including side loaded garages on some of the homes and flipping the floor plans of the homes so the garages are not all on the same side of the homes. The plans show six homes with side loaded garages. Depending on buyers preferences, the distribution of the homes with side loaded garages may vary from the plans. At full build out, the neighborhood shall have a minimum of six homes with side loaded garages. The Planning Commission commented that they would like to see variety in the architecture and building materials of the homes to provide additional variation as seen from the street. This will be addressed in the Development Agreement. Thomforde Trail The applicant is proposing to request that the Thomforde Trail right-of-way be vacated. Upon vacation of the right-of-way, the applicant will also remove the pavement and adjust the utilities as agreed upon by the City and as shown on the plans. This will require the modification of the driveway for the neighbor to the east. The modification as shown on the plans stamp dated February 8, 2019, do not reflect the most recent discussions. The applicant is continuing discussions with the homeowner to determine an alignment for the new the driveway. Staff met with the property owners and applicant and the homeowner has agreed to a 4 foot driveway setback from the property line, which meets City Code. The City shall receive confirmation from the applicant and the homeowner that the driveway alignment has been agreed upon by both the applicant and the homeowner before the 2nd reading and the plans shall be revised accordingly. Signs The neighborhood identifications signs will be reviewed through the Sign Permit process and must be comply with City Code Section 11.70. If the signs are located on private property, the Development Agreement will include language addressing easement(s) for the sign(s). The location of the sign(s) shall be determined prior to 2nd reading. Requested Waivers The property is currently guided Low Density Residential. The proposed plat is consistent with the guiding of the property. The property is currently zoned Rural. The applicant is requesting to rezone the property to R1-9.5. The applicant is requesting to rezone the property to R1-9.5, which allows smaller single family lot sizes. The presence of an 80 foot wide gas line easement across the north side of the property presents some challenges regarding lot layout. Therefore, the proponent is requesting a number of waivers. The waivers may be reasonable given the unique nature of this project and property constraints. Following is a list of the waivers being requested: A. Minimum Lot Size City Code requires a minimum lot size of 9,500 square feet in the R1-9.5 Zoning District. The applicant is requesting a minimum lot size of 8,000 square feet for Lots 1-6 Block 2. These lots range in size from 8,301 square feet to 8,819 square feet. B. Minimum Lot Width City Code requires a minimum lot width of 70 feet in the R1-9.5 Zoning District. The applicant is requesting a minimum lot width of 60 feet for all of the lots except Lot8, Block 2. The majority of the lots are 60 feet wide or slightly wider. C. Minimum Lot Width on a Corner Lot City Code requires a minimum lot width of 85 feet for corner lots in the R1-9.5 Zoning District. The applicant is requesting a minimum lot width of 73.27 feet for Lot 8, Block 2. The width of Lot 8, Block 2 along Dell Drive is proposed at 73.27 feet. D. Front Yard Setback along Dell Drive City Code requires a minimum 30 foot front yard setback in the R1-9.5 Zoning District. The applicant is requesting a 25' foot front yard setback for all of the lots. Due to the alignment of Dell Drive and the gas main easement, additional room is needed to fit this product type onto these lots. A front setback of 25 feet provides 5 addition feet of depth for all of the lots. E. Front Yard Setback along Stable Path for Lot 8,Block 2 City Code requires a minimum 30 foot front yard setback in the R1-9.5 Zoning District. The applicant is requesting a minimum 10' foot front yard setback along Stable Path for Lot 8, Block 2. This area will function as a side yard. The east property line of Lot 8, Block 2 abuts a triangular piece of right-of-way that once accommodated the Stable Path roadway until it was realigned to the east. Even though the home could have a 10 foot setback from the property line,the house could actually be over 50 feet from the back of the existing trail along west side of Stable Path. F. Side Yard Setback The R1-9.5 Zoning District requires a minimum 5 foot side yard setback with a total of 15 feet with both sides. The applicant is proposing a minimum 7.5 foot side yard setback on each side for a total of 15 feet with both sides for all of the lots. Planning Commission Recommendation The Planning Commission voted 6-0 to recommend approval of the project at the January 28, 2019 meeting. There were a number of conditions of approval needing to be addressed prior to the 1st reading before the City Council. The majority of the conditions have been addressed. Three of the outstanding issues include signs, easements in the outlots, and the new driveway location for the homeowner on Cole Court as discussed in this memo. Attachments 1. Ordinance for PUD District Review with Waivers and Zoning District Change 2. Resolution for PUD Concept 3. Resolution for Preliminary Plat 4. Staff Report 5. Guiding Map 6. Zoning Map 7. Aerial Map 8. Planning Commission Minutes STABLE PATH CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2019-PUD- -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 1 AND SECTION 11.99 WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the Rural Zoning District and be placed in the R1-9.5 Zoning District as noted in Exhibit A_-2019- PUD- -2019 (hereinafter "PUD- -2019- "). Section 3. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of entered into between Wooddale Builders, Inc. and the City of Eden Prairie, (hereinafter"Development Agreement"). The Development Agreement contains the terms and conditions of PUD-_-2019- , and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-_-2019- is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-_-2019- 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-_-2019- are justified by the design of the development described therein. D. PUD- -2019- is of sufficient size, composition, and arrangement that its construction, marketing, and operation are feasible as a complete unit without dependence upon any subsequent unit. Section 5. The proposal is hereby adopted and the land shall be, and hereby is removed from the Rural and placed in the R1-9.5 Zoning District as noted in Exhibit A and shall be included hereafter in the Planned Unit Development PUD-_-2019- 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 19th day of February, 2019, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the_day of , 2019. ATTEST: Kathleen Porta, City Clerk Ronald A. Case, Mayor PUBLISHED in the Eden Prairie News on , 2019. EXHIBIT A Rural Zoning District to R1-9.5 Zoning District Legal Description Prior to Final Plat: That part of Outlot B, Crestwood 73, according to the recorded plat thereof on file in the office of the Register of Deeds in and for Hennepin County, Minnesota, lying North of a line 403.00 feet South of, measured at a right angle to and parallel with the most Northerly line of said Outlot B; EXCEPT All that part of the northerly 403.00 feet of Outlot B, Crestwood 73, County of Hennepin, State of Minnesota, described as follows: Commencing at the southwest corner of the said northerly 403.00 feet of Outlot B; thence North 00 degrees 15 minutes 01 seconds East, assumed bearing, along the westerly line of the said northerly 403.00 feet of Outlot B, a distance of 66.21 feet; thence North 78 degrees 15 minutes 01 seconds East a distance of 14.40 feet; thence North 00 degrees 02 minutes 23 seconds East a distance of 51.08 feet; thence North 78 degrees 15 minutes 01 seconds East a distance of 26.69 feet; thence South 00 degrees 15 minutes 01 seconds West a distance of 126.81 feet to a point on the southerly line of the said northerly 403.00 feet of Outlot B; thence North 88 degrees 20 minutes 57 seconds West, along said southerly line, a distance of 40.01 feet to the point of beginning. Abstract Property. Legal Description After the Final Plat: Lots 1- 9, Block 1, Lots 1-8 Block 2, and Outlots A-G, Stable Path, Hennepin County, Minnesota CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2019- A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF STABLE PATH FOR WOODDALE BUILDERS WHEREAS,the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Development(PUD) Concept of certain areas located within the City; and WHEREAS, the Planning Commission did conduct a public hearing on January 28, 2019, on Stable Path by Wooddale Builders and considered their request for approval of the PUD Concept plan and recommended approval of the request to the City Council; and WHEREAS,the City Council did consider the request on February 19, 2019. NOW, THEREFORE,BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. Stable Path, 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 PUD Concept approval as outlined in the plans stamp dated February 8, 2019, 3. That the PUD Concept meets the recommendations of the Planning Commission dated January 28, 2019. ADOPTED by the City Council of the City of Eden Prairie this 19th day of February, 2019. Ronald A. Case, Mayor ATTEST: Kathleen Porta, City Clerk EXHIBIT A PUD Concept Legal Description Before the Final Plat: That part of Outlot B,Crestwood 73,according to the recorded plat thereof on file in the office of the Register of Deeds in and for Hennepin County, Minnesota, lying North of a line 403.00 feet South of, measured at a right angle to and parallel with the most Northerly line of said Outlot B; EXCEPT All that part of the northerly 403.00 feet of Outlot B, Crestwood 73, County of Hennepin, State of Minnesota, described as follows: Commencing at the southwest corner of the said northerly 403.00 feet of Outlot B;thence North 00 degrees 15 minutes 01 seconds East, assumed bearing, along the westerly line of the said northerly 403.00 feet of Outlot B, a distance of 66.21 feet; thence North 78 degrees 15 minutes 01 seconds East a distance of 14.40 feet; thence North 00 degrees 02 minutes 23 seconds East a distance of 51.08 feet; thence North 78 degrees 15 minutes 01 seconds East a distance of 26.69 feet; thence South 00 degrees 15 minutes 01 seconds West a distance of 126.81 feet to a point on the southerly line of the said northerly 403.00 feet of Outlot B; thence North 88 degrees 20 minutes 57 seconds West, along said southerly line, a distance of 40.01 feet to the point of beginning. Abstract Property. Legal Description After the Final Plat: Lots 1- 9, Block 1, Lots 1-8 Block 2, and Outlots A-G, Stable Path, Hennepin County, Minnesota CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2019-34 RESOLUTION APPROVING THE PRELIMINARY PLAT OF STABLE PATH FOR WOODDALE BUILDERS BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Stable Path for Wooddale Builders stamp dated February 8, 2018, and consisting of 5.9 acres into 17 lots and 7 outlots, 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 the Planned Development District Review with waivers and a Zoning District change and approval of the Development Agreement. ADOPTED by the Eden Prairie City Council on the 19th day of February, 2019. Ronald A. Case, Mayor ATTEST: Kathleen Porta, City Clerk STAFF REPORT TO: Planning Commission FROM: Beth Novak-Krebs, Senior Planner DATE: January 24, 2019 SUBJECT: Stable Path LOCATION: 9650 Stable Path GUIDING: Low Density Residential ZONING: Rural REQUESTED ZONING: R1-9.5 REQUEST: • Planned Unit Development Concept Review on 5.9 acres • Planned Unit Development District Review with waivers on 5.9 acres • Zoning District Change from Rural to R1-9.5 on 5.9 acres • Preliminary Plat of one lot into 17 lots and 7 outlots on 5.9 acres BACKGROUND The applicant is proposing to "; �`. `- - 1�y = , divide a 5.9 acre property into 17 T single family lots and 7 outlots. , - ,�iota.' b`lit• rifFt': ra& 2 ,, The property is located at 9650 r 4 A, . Stable Path,which is just west of • ' '""� ° "6 Stable Path and just north of Crestwood Park. There is amis Subject , 1 yr single-family home on the �+� ` ,,, g y Property * i. property. = . 'II" There are single-family uses to _ ���L . r the north, west and east and a ` - 1111 ; City park to the south. On the 4 " ti •-• • ►• ' Illaa west side, Dell Drive abuts the - property and on the north Thomforde Trail abuts the ' - • 'EMIL` 1` lib property. There is an 80 foot wide pipeline easement across the north side of the property. Staff Report- Stable Path January 24, 2019 Page 2 as.z3 13 r iz r"�r� r m2•�s-. i � .. -+ The applicant is proposing q26 4,g� 47.83_ 60 ti r60.0 soo, d69n, 8691 `'-'"'3 -193 1255- 71 T `7 6r69°513g to n -I 7 I - _ - '•�1 to extend Dell Drive to " ,off :j. -� Stable Path with lots on CI „az' { PEL6EJ i4.- 1::.'` I ILzao;s, !44,i Im 46 - "= g I ' �� 1 f nno on,r Enslssenr 1 747,cE i ur tin c.TMcms' I� 1 �I ' I ,,, i either side of the street.The 1- s 1,'_-'q,- T IIm fi—t 1:,, NI 1� $ ' L I Vit smaller lots are on the "-� 1 1I In n i . Im �I 1 I '' i 1 > � � +-` !-0. �;''� a �, s � I 1w Ell I 61 h ;I l 4 14 i Is 'll "-�4 9�4 ` .;; south side of the street and n11 , m 6 ' ,, 11s�s s 2 �, I 8 �]5 al M�'°v 110�9 Fs QI I� �,FG I~:I sq'"�L 4 F m N I , ( a �.� ,� range in size from 8,301 o[,1 q. 12%. N�, b�o { 1" _° I sa� 1 N N ao9mI� .., `0E square feet to 12,375 . Z I,414 { I f1%' _" 6 I( "°1 6�_0' "°5 1- 1, o = 1r square feet. Due to the ° 'ry,6, �, ,a " A6 b , location of the pipeline yo '1"E 0099 35.40 6000 00,01- 60.00 2 9 809G p-b -1 1 5V9T ,' ..s, nest �, _1 r r� �`>1 15 31 z5 b I�� easement,the larger lots are '- e _ ,,'' is.?,s..-a�,�_ o - so.a Piz>p m _;-.nQ tso� ,,1 WI ee" i I / on the north side of the °-sa '' 1 so F,31I I �Z„ - II k 1 4� .1. ai Ip 'a° 31i I q°F, of 1I e H 4 w 1 :ol 4 2I I 3 I I I cn street and range from ; Fa OUTLOT Aj 1 1 �I I I 1 I8• j yIl 1 1 ca I I F ma's 27R ALL gl al I 'I 1 11,890 square feet to - J _ L , g S. w.a 40.2 12 69.02 60.02 60,02 60.02 ''hit/Aft"3''k60 02 `3 0 59 93 3 ^. 13 187 square feet. The °' largest lot is in the '' =, ' =`"�"TM northeast corner of the property in the general area of the existing home. Outlot A is proposed be used for stormwater management and would be deeded to the City. Outlots B-G would be deeded to the properties to the north in the Stonegate of Eden Prairie Subdivision along the south side of Cole Court. The applicant is proposing single family villa style homes with one level living opportunities. Through the 2017 Housing Study and Aspire 2040 process, this product has been identified as a housing product type that is needed in the community ZONING The property is currently guided Low Density Residential. The proposed plat is consistent with the guiding of the property. The property is currently zoned Rural. The applicant is requesting to rezone the property to R1-9.5. PLANNED UNIT DEVELOPMENT WAIVERS The purpose of a Planned Unit Development (PUD) as stated in the City Code is to provide for a more creative and efficient approach to the use of land within the City;to allow variety in the types of environment available to people and distribution of overall density of population and intensity of land use where desirable and feasible; and provide for greater creativity and flexibility in environmental design. The applicant is requesting the following waivers: 2 Staff Report— Stable Path January 24, 2019 Page 3 A. Minimum Lot Size City Code requires a minimum lot size of 9,500 square feet in the R1-9.5 Zoning District. The applicant is requesting a minimum lot size of 8,000 square feet for Lots 1-6 Block 2. These lots range in size from 8,301 square feet to 8,819 square feet. B. Minimum Lot Width City Code requires a minimum lot width of 70 feet in the R1-9.5 Zoning District. The applicant is requesting a minimum lot width of 60 feet for all of the lots. The majority of the lots are 60 feet wide or slightly wider. C. Minimum Lot Width on a Corner Lot City Code requires a minimum lot width of 85 feet for corner lots in the R1-9.5 Zoning District. The applicant is requesting a minimum lot width of 60 feet for Lot 8, Block 2. The width of Lot 8, Block 2 along Dell Drive is proposed at 73.27 feet and 227.39 feet along Stable Path. D. Front Yard Setback along Dell Drive City Code requires a minimum 30 foot front yard setback in the R1-9.5 Zoning District. The applicant is requesting a 25' foot front yard setback for all of the lots. Due to the alignment of Dell Drive and the gas main easement, additional room is needed to fit this product type onto these lots. A front setback of 25 feet provides 5 addition feet of depth for all of the lots. E. Front Yard Setback along Stable Path for Lot 8,Block 2 City Code requires a minimum 30 foot front yard setback in the R1-9.5 Zoning District. The applicant is requesting a minimum 10' foot front yard setback along Stable Path for Lot 8, Block 2. The east property line of Lot 8, Block 2 abuts a triangular piece of right-of-way that once accommodated the Stable Path roadway until it was realigned to the east. Even though the home could have a 10 foot front setback, the house could actually be over 50 feet from the back of the existing trail along west side of Stable Path. F. Side Yard Setback The R1-9.5 Zoning District requires a minimum 5 foot side yard setback with a total of 15 feet with both sides. The applicant is proposing a minimum 7.5 foot side yard setback on each side for a total of 15 feet with both sides for all of the lots. TREE REPLACEMENT The tree replacement requirement for the significant trees is 211 caliper inches and 198 for the heritage trees. The proposed trees used to meet this requirement are intended to compensate for the loss of significant and heritage trees due to grading and construction on the site. The Planting Plan meets the requirement and includes 409 caliper inches of trees for tree replacement. All of the proposed trees on the Planting Plan are being counted toward tree replacement. 3 Staff Report—Stable Path January 24, 2019 Page 4 ACCESS The applicant is providing a street connection by extending Dell Drive to Stable Path, but is not proposing to extend Thomforde Trail to make a connection between Cole Court and the project. It was anticipated that Dell Drive and Thomforde Trail would provide access to the property;however, with the through connection of Dell Drive to Stable Path, staff supports the plan without the extension of Thomforde Trail provided the applicant removes Thomforde Trail in the manner as agreed upon by City staff and the developer as follows: • Remove the existing pavement back to Cole Court; • Removing the water main back to Cole Court and relocate the fire hydrant into the Cole Court right-of-way; • Abandon the sanitary sewer in place; • Extending a new curb and gutter along Cole Court; • Vacate the right-of-way and attach it to the neighboring properties; • Relocate the existing storm sewer. With the vacation of the right-of-way,the existing storm sewer will be located on private property. City staff recommends moving the storm sewer into the Cole Court Right of Way; • The property on the east side of Thomforde Trail takes driveway access from Thomforde Trail. The applicant is working with the homeowner extend the driveway out to Cole Court. The proposed plan shows the new driveway section extending onto the neighbor's property, which requires an easement. In addition,this alignment would require a number of waivers. Staff recommends redesigning the new driveway section so that it meets the 3 foot setback and eliminates the need for an easement and waivers. All of these changes will be the responsibility of the applicant as shown on the plans and as listed in the conditions of approval. SIDEWALKS AND TRAILS The applicant is proposing a 5 foot wide concrete sidewalk along the south side of Dell Drive through this project. Currently, there is an 8 foot wide public trail on the south side of Dell Drive. At the end of the existing street,the trail turns to the south and continues into the park.The sidewalk through Stable Path will connect with the existing trail where it turns to go into the park, run the length of the project and connect with the existing trail on the west side of Stable Path. OUTLOTS B-G The applicant is proposing to deed the land between the northerly line of the gas line easement and the north property line (Outlots B-G) to the properties on the south side of Cole Court in the Stonegate of Eden Prairie subdivision. These six properties face Cole Court with their rear yards abutting the Stable Path property. The addition of the outlots will increase the depth of their rear yards. Once the property is deeded to each property owner,the outlot and the platted lot will need to be combined into one lot though an administrative lot combination. Prior to the 1st reading for this 4 Staff Report—Stable Path January 24, 2019 Page 5 application, staff recommends that the applicant and the property owners submit applications for each of the administrative lot combinations and waiver their rights to State Statute Section 15.99. The filing of the administrative lot combinations would occur with the filing of the Final Plat for the property and are the responsibility of the developer. In addition,the developer shall submit proper documentation to the County Recorder/Registrar of Titles to have the property records updated showing one lot. BUILDING LAYOUT The applicant has provided a potential layout of the homes on the lots. The proposed layout provides some variety in the view from the street by including side loaded garages on some of the homes and flipping the floor plans of the homes so the garages are not all on the same side of the homes. The plans show six homes with side loaded garages. Depending on buyers preferences the distribution of the homes with side loaded garages may vary from the plans. At full build out, the neighborhood shall have a minimum of six homes with side loaded garages. INCLUSIONARY HOUSING Eden Prairie has been negotiating inclusionary housing requirements into multifamily developments for some time, and has a draft inclusionary housing policy that proposes application of inclusionary requirements for both multifamily and single family developments of over 10 units.This draft policy will be the subject of a City Council Workshop on February 19th, 2018, during which these requirements will be discussed.The City is also working with its financial consultants to explore the financial and project implications of applying the inclusionary policy in a single family context,with the goal of aiding staff in final decision making around whether to recommend applying inclusionary requirements generally as well as to the Stable Path development. Staff is not asking for a recommendation from the Planning Commission at this time,but potential may exist to work with the developer on meeting inclusionary goals subject to the Council's discretion. DRAINAGE The applicant is providing for stormwater management on site.A stormwater basin is proposed to be located in Outlot A. At the request of the City,the outlot will be deeded to City. The applicant has not submitted plans to the Watershed District so detailed comments from the Watershed District have not been received. NEIGHBORHOOD MEETING The applicant held a neighborhood meeting on Tuesday,October 9,2018.According to the applicant and minutes from the meeting,the attendees generally supported the project and the product type,but had concerns about the extension of Thomforde Trail. 5 Staff Report—Stable Path January 24, 2019 Page 6 STAFF RECOMMENDATION Recommend approval of the following request: • Planned Unit Development Concept Review on 5.9 acres • Planned Unit Development District Review with waivers on 5.9 acres • Zoning District Change from Rural to R1-9.5 on 5.9 acres • Preliminary Plat of one lot into 17 lots and 7 outlots on 5.9 acres This is based on plans stamp dated January 22, 2019, staff report dated January 24, 2019 and the following conditions: 1. Prior to the Pt reading before the City Council, the applicant shall: A. Revise the plans so that the existing storm sewer along Thomforde Trail is relocated into the Cole Court right-of-way and not located on private property. B. Submit, with each of the property owners on the south side of Cole Court, applications for the Administrative Lot Combinations. Since the filing of the Administrative Lot Combinations will take place at the same time as filing the Final Plat and the timing of the approval of the Final Plat is unknown, the applicant and property owners shall waive their right to State Statute Section 15.99 for the Administrative Lot Combination. C. Revise the plans to include a 10 foot drainage and utility easement along the south edge of Outlots B-G. D. Revise the plans to show the location of any neighborhood identification signs. 2. Prior to Final Plat approval, the applicant shall A. Submit detailed storm water runoff,utility and erosion control plans for review by the City Engineer and Watershed District. B. Submit applications for the vacation the Thomforde Trail right-of-way and various easements. 3. Prior to land alteration permit issuance, the applicant shall: A. Submit detailed storm water runoff, wetland,utility, street and erosion control plans for review and approval by the City Engineer. B. Submit a tree replacement letter of credit, or escrow surety equivalent to 150% of the cost of the landscaping. C. Obtain and provide documentation of Watershed District approval. D. Notify the City and Watershed District 48 hours in advance of grading. E. Install erosion control at the grading limits of the property for review and approval by the City. 6 Staff Report— Stable Path January 24, 2019 Page 7 4. Prior to building permit issuance for the property, the applicant shall: A. Pay the appropriate cash park fees B. Provide recorded copies of any Home Owner Association documents or private covenants and agreements to the City following recording of the final plat. 5. The following waivers have been granted through the PUD District Review for the project as indicated in the plans stamp dated January 22, 2019. A. Minimum Lot Size- City Code requires a minimum lot size of 9,500 square feet in the R1-9.5 Zoning District. The Waiver allows a minimum lot size of 8,000 square feet for Lots 1-6, Block 2. B. Minimum Lot Width -City Code requires a minimum lot width of 70 feet in the R1- 9.5 Zoning District. The Waiver allows a minimum lot width of 60 feet for all of the lots. C. Minimum Lot Width on a Corner Lot-City Code requires a minimum lot width of 85 feet for corner lots in the R1-9.5 Zoning District. The Waiver allows a minimum lot width of 60 feet for Lot 8, Block 2. D. Front Yard Setback along Dell Drive-City Code requires a minimum 30 foot front yard setback in the R1-9.5 Zoning District. The Waiver allows a 25 foot front yard setback along Dell Drive for all of the lots. E. Front Yard Setback along Stable Path for Lot 8,Block 2 - City Code requires a minimum 30 foot front yard setback in the R1-9.5 Zoning District. The Waiver allows a minimum 10 foot front yard setback along Stable Path for Lot 8, Block 2 F. Side Yard Setback- The R1-9.5 Zoning District requires a minimum 5 foot side yard setback with a total of 15 feet with both sides. The Waiver allows a minimum 7.5 foot side yard setback on each side for a total of 15 feet with both sides for all of the lots. 6. All signage shall require review and approval of a sign permit and shall comply with Section 11.70. 7. At full build out, the neighborhood shall have at a minimum 6 homes with side loaded garages. 8. The Administrative Combinations shall be filed with Hennepin County concurrent with the filing of the Final Plat. In addition, the developer shall submit proper documentation to the County Recorder/Registrar of Titles to have the property records updated showing one lot. 7 Guide Plan Map: Stable Path Address: 9650 Stable Path Eden Prairie, Minnesota BAN 111, # P 1. --u; it . m Ia- • W G C-OLE -� / — SITE _.------- -------- ___________ _, 41 __... .________ , . '' billi(1-- ------ -- J 1110 g w _ 0 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 nil Community Commercial Streams 17.7 Low Density/Public/Open Space - Regional Commercial Principal Arterial -A Minor Arterial - Medium Density residential 2.5-10 Units/Acre ®Town Center '•i . $ +;. ,i —B Minor Arterial DATE Approved 03-19-03 DATE Revised 12-06-06 nMedium Density Residential/Office - Park/Open Space —Major Collector DATE Revised 01-07-05 DATE Revised 03-01-07 DATE Revised 11-07-05 DATE Revised 06-01-07 EDEN I High Density Residential 10-40 Units/Acre Public/Quasi-Public DATE Revised 02-23-06 DATE Revised 10-01-07 Minor Collector DATE Revised 03-23-06 DATE Revised 03-01-08 nAirport Golf Course DATE Revised 06-23-06 DATE Revised 03-01-09 Office - Church/Cemetary PRAIRIE Y// Office/Industrial Open Water EIVE•wORK•QAEAM 2 Office/Public/Open Space Right—Of—Way 300 150 M O ogamm�Me mo1m_o.„®o�o..o.a, o ..o..300 Feet - Industrial Q CityLimits Zoning Map - Stable Path Address: 9650 Stable Path Eden Prairie, MN 55344 ii --------\ \ 1N► _ -- kl. 1 , : , m IAt� 0 elm w COLE „< MAC INT H u_ The applicant is 0!I .-----\- requesting approval to 0 rezone the property from Rural to R1-9.5 J_ F— SITE I— Crestwood Park J W W Ce CI -\ City of Eden Prairie Zoning Map =Rural -Regional Commercial Shoreland Management Classifications N R1-44 One Family-44,000 sf.min. -TC-C I NE I Natural Environment Waters R1-22 One Family-22,000 sf min. -TC-R I RD I Recreational Development Waters R1-13.5 One Family-13,500 sf min. -TC-MU I GD I General Development Waters(Creeks Only) 1 1 ,f. t R1-9.5 One Family-9,500 sf min. -Industrial Park-2Acre Min, ® 100- Year Floodplain RM-6.5 Multi-Family-6.7 U.P.A.max. ^Industrial Park-5Acre Min. -RM-2.5 Multi-Family-17.4 U.P.A.max.-General Industrial-5 Acre Min. Up dated through approved Ordinances#26-2008 EDEN Office Public Ordinance#33-2001(BFI Addition)approved,but not shown on this map edition PRAIRIE Neighborhood Commercial 1-1 GolfCourse Date:March 1,2009 Community Commercial l I Water In case of discrepancy related to a toning classitmaaon on this zoning map,the ordinance ME,WOBIC•tlfi EI1M and attached legal description on file at Eden Paine Ciry Center will prevail. -Highway Commercial l I Right of Way -Regional Service Commercial QCityLimits 0 0.055 0.1 Miles ma._op.... ° m �- ,.._.....g..o.a.,a ..o...ia..m ,..,,mo, Aerial Map: Stable Path Address:9650 Stable Path Ed ,.. , . . en Prairie, Minnesota .' . ...4 y ,:. 1 . i„ .' Nei C . illitlir,...,:s., i, '. • r • . 1 . -1 • , . -.201`'` . . i _ II- . ei..,, lib . 21! rila _r rt c Ir r..,.. ► r WItibk w 1 - COLE COURT en. . , , .. t. , - -- k ii,, MACINTOSH ROAD efrl i).- 1 rr ''.. 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GEISLER ROAD APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY,JANUARY 28, 2018 7:00 PM—CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: John Kirk, Charles Weber, Ann Higgins, Andrew Pieper, Ed Farr, Michael DeSanctis, Christopher Villarreal, Carole Mette CITY STAFF: Julie Klima, City Planner; Matthew Bourne, Parks and Natural Resources Manager; Rod Rue, City Engineer; Kristin Harley, Recording Secretary A. CALL THE MEETING TO ORDER Chair Pieper called the meeting to order at 7:00 p.m. Absent were commission members Kirk and Weber. B. PLEDGE OF ALLEGIANCE—ROLL CALL C. APPROVAL OF AGENDA MOTION: Villareal moved, seconded by DeSanctis to approve the agenda. MOTION CARRIED 6-0. D. MINUTES MOTION: DeSanctis moved, seconded by Higgins to approve the minutes of December 10, 2018 with the correct spellings of Xcel Energy and kV(kilovolt). MOTION CARRIED 6-0. E. INFORMATIONAL MEETINGS F. PUBLIC MEETINGS G. PUBLIC HEARINGS A. STABLE PATH Location: 9560 Stable Path Request for: • Planned Unit Development Concept Review on 5.9 acres PLANNING COMMISSION MINUTES January 28, 2019 Page 2 • Planned Unit Development District Review with waivers on 5.9 acres • Zoning District Change from Rural to R1-9.5 on 5.9 acres • Preliminary Plat of one lot into seventeen lots and seven outlots on 5.9 acres Steve Schwieters, owner of Wooddale Builders, presented the application. 17 60- foot-wide lots were planned, marketed to "empty-nesters,"probably age 50 and older. This audience was surveyed before the application, and housing for them was needed in Eden Prairie. The houses would be slab-on-grade to accommodate the flat property. Foundations could be put in if the owners wished. Pricing would be $550,000 to $625,000.00. The houses would be 2,100 square feet on each floor, with two bedrooms on the first floor, a study, and options for four-season or covered screen porches. Wooddale Builders was a customer builder and could accommodate the new owners. He displayed an illustration of the side-load garage design completed in Bloomington. This architecture was favored, but Wooddale also offered a quality front-loading garage design. It was possible to add a basement. Neighborhood meetings held by the developer showed a consensus on vacating the existing right-of-way north of the project area. The back lots were bisected by a utility easement which left an approximate 10-foot area between the proposed development and the existing homeowners' properties in Cole Court. The trees were scarce along that property line, so the majority of the trees would be planted there and the 10-foot section deeded to the existing homeowners to the north(Cole Court). Farr asked if the outlots were required due to the gas line, or if they could not simply be an extension of the project's back lots. Schwieters corrected himself to say Wooddale was creating the outlots to turn them over to the property owners to the north. It was impossible to plant trees in the gas line easement. There would also be boulevard trees, but the majority of the trees would be planted in the outlots, and this was suggested by a number of the existing homeowners. DeSanctis asked if the row of pine trees in north end were in the easement, north or south of gas line. Schwieters replied they were northeast and were already on private property. None were on the Stable Path development. DeSanctis asked what kind of tornado shelter would be offered in slab on grade properties. Schwieters replied that question had come up. In other slab-on-grade developments built by Wooddale Builders, the bathtub was the safest place in a severe storm. Mette asked for and received confirmation this would be a homeowners association offering lawn maintenance and snow removal, rather than a single- family development. Mette asked if there would be an array of designs for homeowners to choose from, as she wished to avoid a"cookie-cutter" development in Eden Prairie with all houses looking the same. Schwieters replied homeowners would have four different elevations to choose from. All would be PLANNING COMMISSION MINUTES January 28, 2019 Page 3 four-sided architecture with no false fronts. He displayed black and white drawings of the elevations. Final products and materials had not yet been determined. Villarreal asked for the location of the new electric lines. Schwieters replied the new electric lines would be all underground, and the panels would be attached to the garages. DeSanctis asked if there would be a provision for pedestrian access allowing cyclists and pedestrians. Schwieters replied there would be a sidewalk on the south side of Dell Drive, connecting to the sidewalk along Stable Path. There was a trail out of the park and alongside Stable Path, and from Dell Road into the park. Klima gave the staff report. The development called for the creation of 17 lots and 7 outlots, 6 being created to be deeded to the Cole Court owners. The development requested waivers for front and side setbacks, and minimum lot size and width. The project proposed to include an east/west road extension of Dell Drive to Stable Path. Villa style homes would offer single level living. The lots ranged in size from 8,301 square feet to 13,187 square feet with the smaller lots proposed on the south side of the proposed street. Due to the presence of a utility easement on the north side of the property, the larger lots were proposed on the north side of the proposed street. The tree replacement requirements were being met by this development. The right-of-way would be vacated as supported by neighboring property owners, and Dell Drive extended through the development. Staff recommended approval of the application subject to the conditions in the staff report. DeSanctis asked if the future projected improvements of the south end of Dell Road as it traverses the bluff Rue replied the project would begin perhaps in five years. Villarreal asked if there were any requirements to notify customers of the high-pressure gas line in the back lots. Klima replied there was not, but it could be included in the development agreement and would also show on all individual surveys. There were no requirements for the development to require educational materials,but this could be built into the agreement. Mette asked for next steps to approve architecture styles and prevent repetition. Klima replied this would be addressed through the building permit process and the homeowners' association. The zoning code did not address single-family home architectural styles, but staff could help draft language. Discussion followed on possible language to include in a motion to address architectural styles. Farr stated there appeared to be the ability to achieve the required front yard setback, and asked if this had been considered. Klima replied this had been examined, and backyards were preferred by homeowners for improvements (fire pits, etc.), so the front yard setback waiver was favored. Farr stated the loss of heritage trees on the site increased the requirement for replanting, and lamented most of the trees would be placed in the proposed outlot. He asked if there was a PLANNING COMMISSION MINUTES January 28, 2019 Page 4 precedent for this. Bourne replied planting trees and/or building a stormwater pond on an outlot was not unprecedented. There was no minimum per lot or per type of tree; ability of the trees to survive was the paramount consideration. Klima added the city would receive a security for the landscaping and would hold it for one year or two growing seasons. It would be the developers' responsibility through this warranty period to ensure the trees are thriving. Mette asked if the existing home merited examination from the Heritage Preservation Commission. She noted this could be the last of the small farms in Eden Prairie and she had mixed feelings about losing it. Klima replied the existing home was not a historic property and there were still other active farms in Eden Prairie. Pieper asked if this was the last small farm in Eden Prairie. Klima replied it depended on definition, but the Marshall farm on Dell Road still existed, as well as the Siever Peterson property and others. Farr if there was a reason the southeast corner next to lot 8 would be a triangulated right-of-way instead of being turned back into private property. Rue replied private and public utilities ran through there and the City would still own it. Farr asked Schwieters to detail the prototypes offered for this development. Schwieters replied this was probably the 26th townhome development done by Wooddale, and was considered a high-end custom builder. The materials used would be the same, but the architecture would be different. The front porches and columns would show variety, and they would push for the side-loading garages. He offered to bring samples at a later date. Farr expressed approval of the drawings that were shown. Schwieters added the front setback allowed some trees to be planted in the backyards. The existing evergreens to the north would stay. Farr replied trees were important for shading as well as screening. He urged Schwieters to look at and consider saving trees 5, 27, and 28, and thanked Schwieters for retaining a heritage tree along a retaining wall. Farr urged pushing back the setback. Schwieters replied the desired three-car side-load garages required the setback waiver. Two-car front-loaded garages were depicted on the architectural plans which were preliminary. Villarreal noted the gas line would be liquid petroleum and asked what discussions had occurred with Magellan regarding a disaster plan in the case of a leak. Bob Molstad of Sathre-Bergquist, Inc. replied there was an application pending to Magellan and was waiting for a response. Villarreal asked if homeowners would see a physical marker for the line. Molstad replied there was one; he would discuss this when Magellan had its site visit. Residents would be notified however that a pipeline ran through it. Higgins asked how long the pipeline had been there. Rue replied it had been in existence at least 30, perhaps 40 years; it started in Carver County and ended at the airport. Mette noted the easement dated to 1954. PLANNING COMMISSION MINUTES January 28, 2019 Page 5 MOTION: Farr moved, seconded by Higgins to close the public hearing. MOTION CARRIED 6-0. Mette stated she had no issues with the setbacks, and was a proponent of higher density housing and"urban" designs. She urged language that generally required using a variety of architectural styles and utilizing staff to craft specific language for this and future developments. DeSanctis asked for and received confirmation the City code allowed solar panels on roofs. Farr complimented the development and echoed Mette's suggestion for architectural guidance. He urged a smaller setback but was satisfied with what he saw. DeSanctis asked if a community garden was possible in the triangular plot. Rue replied he did not know; city staff would discuss it. Villarreal concurred on the setback variance allowing more flexibility in the development and echoed Mette's concern regarding architectural variety. He also expressed concern the City was losing open space. This was a general concern, not necessarily attached to this development. Higgins agreed variety on setback would be preferable but was not critical in her opinion. She noted there was still a lot of open space in that neighborhood even with this development. Klima offered to research previous development agreements to draft specific language on architectural variety. MOTION: Farr moved, seconded by Mette to recommend approval of the planned unit concept review on 5.9 acres, planned unit development district review with waivers on 5.9 acres, zoning district change from Rural to R1-9.5 on 5.9 acres,preliminary plat of one lot into 17 lots and seven outlots on 5.9 acres, based on staff report dated January 24, 2019 and plans stamp dated January 22, 2019 with the additional condition that Planning Commission recommends to staff to draft an architectural variation condition or language going forward about this and future developments. MOTION CARRIED 6-0. H. PLANNERS' REPORT Klima invited to the Commissioners to the February 19, 2019 City Council Workshop. She stated she would follow up with an email. I. MEMBERS' REPORTS J. CONTINUING BUSINESS K. NEW BUSINESS L. ADJOURNMENT MOTION: Higgins moved, seconded by Villarreal to adjourn the meeting. MOTION CARRIED 6-0. Chair Pieper adjourned the meeting at 8:39 p.m. CITY COUNCIL AGENDA DATE: SECTION: Public Hearings February 19, 2019 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development/Planning Ground Storage Water Reservoir IX.B. Janet Jeremiah/Beth Novak-Krebs and Pump House Requested Action • Close the Public Hearing; and • Adopt a Resolution for a Planned Unit Development Concept Review on 6.55 acres • Approve the 1st Reading of the Ordinance for Planned Unit Development District Review with waivers on 6.55 acres and a Zoning District Change to Public on 6.55 acres Synopsis The City of Eden Prairie is requesting approval to construct a ground storage water reservoir and associated pump house. The property is located between Highway 212 and the Minnesota River Bluffs LRT Regional Trail approximately 1,400 feet east of Eden Prairie Road. The property is former MnDOT right-of-way purchased by the City and encompasses approximately 6.55 acres. The prestressed concrete ground storage reservoir is proposed to be 140-feet in diameter. The proposal will also include a 2,400 square foot pump house and a parking and turn around area for maintenance vehicles. The pump house is designed to resemble the former railroad depot that once stood in this area. The applicant is proposing to zone the property Public. Access and Zoning Access to the site is being provided via an access easement over portions of the Smith Village project. In addition, the City is in discussion with MnDOT about the possibility of providing access via a strip of land from Eden Prairie Road to the project site. This strip of land would accommodate the water main extending to the site and it can serve as access from Eden Prairie Road. The site plan provides a pedestrian connection between the regional trail and the pump house. Although only authorized personnel can go into the pump house, the public can wander off the regional trail and walk up to the building. As former right of way, the property was not guided or zoned. In anticipation of this project, the 2040 Comprehensive Plan guides the property Public. The applicant is requesting to zone the property Public. Public infrastructure is a permitted use in the Public Zoning District. Building Architecture In 1871, Eden Prairie's original railroad depot and water stop known as the Washburn Station was constructed in this general area. To celebrate Eden Praire's past, the pump house is designed to resemble the former wooden depots of the 1880's. The building material is proposed to resemble wood lapboard siding and the applicant is proposing windows on the ends of the building to look like the former depot. The concrete ground storage reservoir is proposed to have a somewhat coarse texture. The . A color of the concrete is proposed r �- to be beige or green. The objective is to make the reservoir blend into the surroundings as :' -'',=F: .- wit restimiia, , , , much as possible and focus more • ;,w ii4 ,.... CIr .,„ w . r,.11. attention on the pump house. ® i - The design of the site includes a ' small wooden stave water tank Photo of Actual Depot that will be designed to resemble k the water-stop facilities common " ' at every train station to support the steam jlip locomotive operations in the 1800's. The small water tank would be located on the west side of t. the pump house. The site design also includes a short length of railroad track along the pump • - house to replicate the rail line alongside the . former depot. Both items as being bid as - ),e ,-...- alternates so the construction will depend on available funds. In addition, the applicant is proposing interpretive signage explaining the history of the area. The plans will be presented : . , to the Historic Preservation Commission for their information. The HPC may assist with language for the interpretive signs. Visibility The pump house is on the back side of the slope from Highway 212 and will 'a not be visible from the road. However, • the ground storage water reservoir will be somewhat visible from Highway r 212. The plan includes burying the -" structure into the hill and providing . " landscape screening to reduce the 'tlN` visual impact from the road. The -. _ �- - _ proposed pump house will be visible from the regional trail and it is designed to give visitors a glimpse into Illustration of Potential View of Eden Prairie's past. Ground Storage Water Reservoir Sustainable Features The applicant is incorporating a number of sustainable features and practices into the project. This includes incorporating practices such as using efficient design practices, providing flexibility in operations to enable the optimization of energy used, reducing the peak energy consumed by the utility's older less efficient pump station, participating in Xcel Energy's Energy Design Assistance Program, protecting as many trees as possible, adding native trees and grasses, and implementing stormwater Best Management Practices. Requested Waivers The proponent is requesting to zone the property Public and building a pump house that resembles a train depot from the 1880's. Therefore, the proponent is requesting waivers building material, building color and fence height. The waivers may be reasonable given the unique nature of this project. In exchange for the waivers, the proponent is providing a unique pump house and glimpse into Eden Prairie's past, a connection to the regional trail, and native grass plantings. Following is a list of the waivers being requested: 1. Building Materials City Code requires buildings in the Public Zoning District to include at least three contrasting yet complimentary Class I materials such as glass,brick, and stone. In order for the pump house building material to resemble a wooden depot from the 1800's, the applicant is proposing to use some glass, but requesting a waiver to use fiber-cement lapboard siding to resemble wood siding. 2. Building Color City Code requires buildings in the Public Zoning District to include one color variation. The applicant is requesting a waiver to use a single color to resemble the original depot. 3. Fence Height City Code allows fences up to 7 feet high. The applicant is requesting a waiver for a fence height of 8 feet. Planning Commission Recommendation The Planning Commission voted 6-0 to recommend approval of the project at the January 28, 2019 meeting. The Planning Commission recommendation included several conditions of approval that were to be addressed before the City Council meeting. These conditions have been satisfactorily addressed and are reflected in the plans stamp dated February 14, 2019. Attachments 1. Ordinance for PUD and Zoning 2. Resolution for PUD Concept 3. Staff Report 4. Zoning Map 5. Aerial photo 6. Planning Commission Minutes GROUND STORAGE WATER RESERVOIR AND PUMP HOUSE CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2019-PUD- -2019 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, PLACING CERTAIN LAND IN A ZONING DISTRICT,AMENDING THE LEGAL DESCRIPTIONS OF LAND IN THE 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 placed in the Public Zoning District as noted in Exhibit A_-2019-PUD-_-2019 (hereinafter "PUD-_-2019- "). Section 3. The City Council hereby makes the following findings: A. PUD-_-2019- is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-_-2019- 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-_-2019- are justified by the design of the development described therein. D. PUD- -2019- is of sufficient size, composition, and arrangement that its construction, marketing, and operation are feasible as a complete unit without dependence upon any subsequent unit. Section 4. The proposal is hereby adopted and the land shall be, and hereby is placed in the Public Zoning District as noted in Exhibit A and shall be included hereafter in the Planned Unit Development PUD-_-2019- 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 5. 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 6. Planned Unit Development PUD-_-2019- includes the following waivers: A. Building Materials: City Code requires buildings in the Public Zoning District to include at least three contrasting yet complimentary Class I materials such as glass, brick, and stone. The waiver allows the applicant to use fiber-cement lapboard siding to resemble wood siding. B. Building Color: City Code requires buildings in the Public Zoning District to include one color variation. The waiver allows the applicant to use a single color to resemble the original depot. C. Fence Height: City Code allows fences up to 7 feet high. The waiver allows the applicant to use fences with a maximum height of 8 feet. 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 19th day of February, 2019, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the_day of , 2019. ATTEST: Kathleen Porta, City Clerk Ronald A. Case, Mayor PUBLISHED in the Eden Prairie News on , 2019. EXHIBIT A Placed in Public Zoning District Legal Description That part of Tracts A and B described below: Tract A The west 800 feet of the North Half of the Southwest Quarter of the Northwest Quarter of Section 16, Township 116 North, Range 22 West, Hennepin County, Minnesota; excepting therefrom the right of way of the Chicago and North Western Transportation Company(formerly the Minneapolis and St Louis Railroad) as now located and established and that part of the east 740 feet of the Southeast Quarter of the Northeast Quarter of Section 17, Township 116 North, Range 22 West, Hennepin County, Minnesota, lying southerly and easterly of the southeasterly right of way line of the Chicago and North Western Transportation Company(formerly the Minneapolis and St. Louis Railroad) as now located and established and northerly of the northerly right of way line of Scenic Heights Road as now located and established, lying westerly of a line run parallel with and distant 100 feet southeasterly of the following described line: Beginning at a point on the east and west quarter line of said Section 17, distant 334.92 feet west of the east quarter corner thereof; thence run northeasterly at an angle of 57 degrees 06 minutes 56 seconds from said east and west quarter line (measured from east to north) for 1700 feet and there terminating; Tract B Lots 17, 18, 19, 20 and 21, Block 1, Eden School Addition, according to the plat thereof on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota; which lies within Line 1 described below: Commencing at Right of Way Boundary Corner 818 as shown on Minnesota Department of Transportation Right of Way Plat No. 27-84 as the same is on file and of record in the office of the County Recorder in and for said Hennepin County; thence southwesterly on an azimuth of 223 degrees 10 minutes 44 seconds along the boundary of said plat for 1497.23 feet to Right of Way Boundary Corner B 17 and the point of beginning of Line 1 to be described; thence on an azimuth of 43 degrees 10 minutes 44 seconds along the boundary of said plat for 631.32 feet; thence on an azimuth of 202 degrees 38 minutes 18 seconds for 133.74 feet; thence on an azimuth of 213 degrees 42 minutes 09 seconds for 1495.75 feet; thence on an azimuth of 277 degrees 04 minutes 20 seconds for 363.00 feet; thence on an azimuth of 43 degrees 11 minutes 00 seconds for 1183.17 feet to the point of beginning; containing 6.55 acres, more or less; Subject to the following restriction: No access shall be permitted to Trunk Highway No. 212 from the lands herein conveyed. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2019- A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF GROUND STORAGE WATER RESERVOIR AND PUMP HOUSE FOR THE CITY OF EDEN PRAIRIE WHEREAS,the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Development(PUD) Concept of certain areas located within the City; and WHEREAS, the Planning Commission did conduct a public hearing on January 28, 2019, on the Ground Storage Water Reservoir and Pump House by The City of Eden Prairie and considered their request for approval of the PUD Concept plan and recommended approval of the request to the City Council; and WHEREAS,the City Council did consider the request on February 19, 2019. NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. The Ground Storage Water Reservoir and Pump House 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 PUD Concept approval as outlined in the plans stamp dated February 14, 2019. 3. That the PUD Concept meets the recommendations of the Planning Commission dated January 28, 2019. ADOPTED by the City Council of the City of Eden Prairie this 19th day of February, 2019. Ronald A. Case, Mayor ATTEST: Kathleen Porta, City Clerk EXHIBIT A PUD Concept Legal Description: That part of Tracts A and B described below: Tract A The west 800 feet of the North Half of the Southwest Quarter of the Northwest Quarter of Section 16, Township 116 North, Range 22 West, Hennepin County, Minnesota; excepting therefrom the right of way of the Chicago and North Western Transportation Company(formerly the Minneapolis and St Louis Railroad) as now located and established and that part of the east 740 feet of the Southeast Quarter of the Northeast Quarter of Section 17, Township 116 North, Range 22 West, Hennepin County, Minnesota, lying southerly and easterly of the southeasterly right of way line of the Chicago and North Western Transportation Company(formerly the Minneapolis and St. Louis Railroad) as now located and established and northerly of the northerly right of way line of Scenic Heights Road as now located and established, lying westerly of a line run parallel with and distant 100 feet southeasterly of the following described line: Beginning at a point on the east and west quarter line of said Section 17, distant 334.92 feet west of the east quarter corner thereof; thence run northeasterly at an angle of 57 degrees 06 minutes 56 seconds from said east and west quarter line (measured from east to north) for 1700 feet and there terminating; Tract B Lots 17, 18, 19, 20 and 21, Block 1, Eden School Addition, according to the plat thereof on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota; which lies within Line 1 described below: Commencing at Right of Way Boundary Corner 818 as shown on Minnesota Department of Transportation Right of Way Plat No. 27-84 as the same is on file and of record in the office of the County Recorder in and for said Hennepin County; thence southwesterly on an azimuth of 223 degrees 10 minutes 44 seconds along the boundary of said plat for 1497.23 feet to Right of Way Boundary Corner B17 and the point of beginning of Line 1 to be described; thence on an azimuth of 43 degrees 10 minutes 44 seconds along the boundary of said plat for 631.32 feet; thence on an azimuth of 202 degrees 38 minutes 18 seconds for 133.74 feet; thence on an azimuth of 213 degrees 42 minutes 09 seconds for 1495.75 feet; thence on an azimuth of 277 degrees 04 minutes 20 seconds for 363.00 feet; thence on an azimuth of 43 degrees 11 minutes 00 seconds for 1183.17 feet to the point of beginning; containing 6.55 acres, more or less; Subject to the following restriction: No access shall be permitted to Trunk Highway No. 212 from the lands herein conveyed. STAFF REPORT TO: Planning Commission FROM: Beth Novak-Krebs, Senior Planner DATE: January 24, 2019 SUBJECT: Ground Storage Water Reservoir and Pump House LOCATION: NW of Hwy 212, SE of MN River Bluffs LRT Regional Trail &NE of Eden Prairie Rd REQUEST: • Planned Unit Development Concept Review on 6.55 acres • Planned Unit Development District Review with waivers on 6.55 acres • Zoning District Change to Public on 6.55 acres • Site Plan Review on 6.55 acres 3 I 1 t t• •; BACKGROUND . j ,ill.. ....1 _._,, _ ( •317_ il ` • „ ........ ` ; The City of Eden Prairie is requesting , ,. . ' ,. \ r approval to construct a ground storage r ,r' ;i water reservoir and associated pump 14 ` K. / house. The roe is located between �; �� , i A property rty , . - i Highway 212 and the Minnesota River ;�— / 1-_y hiBEREAKE Bluffs LRT Regional Trail approximatelyD ` c 4' 1,400 feet east of Eden Prairie Road. The 4 I 1 ar• S • . 44 property is 6.55 acres. ' r 211. .'y' The City has identified that additional W �T � � . �/ M k water storage will be necessary to support - , tea`` the expansion of water service to future z • Project % -. growth areas while improving the , ° � Site r�+ A. 0 ,, • operation of the distribution system. After x �� ti - ,� completing a sizing and siting evaluation ¢'E' '� A pia A{ i i study on 15 sites, the City purchased 6.55 ! c g ' , / ' . - _.. ti acres of excess right-of--way from the f� ti � ',r SCENIC R D , - Minnesota Department of Transportation soul . ,�f ,.' ', ' fir'- ' p p �c. w- I ; in March 2018. 1;:•••a • / •• • __- - _4 C- The property is located directly across the 1 regional trail from the Smith Village /! !�' ' w 1 , Staff Report-Ground Storage Water Reservoir and Pump House January 24, 2019 Page 2 project and an industrial building. In the southwest corner of the property, the land rises approximately 30 feet from Highway 212 and slopes back down toward the regional trail.There are groupings of trees along the edges of the property. COMPREHENSIVE . : J'':: - - — is f r '- - PLAN AND ZONING - r Wit . 4- *4 Since the property was K h • 1 previously right-of-way, it = t $ t i�� w !1`14` 4 i 4 was not guided or zoned. In f s_ _ A : }1, 3 }1¢w,- . ..: ,--i{I I i_ anticipation of this project, Or, i.z :. . the property is guided - - ' Public in the 2040 f Comprehensive Plan. The _. + , - applicant is requesting that - - I the property be zoned ; y 'A - ; 1 Public. �► - ' SITE PLAN =• ,� �' The proposed project - _# lt �" rE -,k _-y` I f f ff- V includes a 140-foot diameter prestressed concrete ground storage reservoir, an associated 2,400 square foot pump house and a parking and turn around area for maintenance vehicles. The ground storage water reservoir will be constructed into the hill with an exposed wall height ranging from 4 feet to 22 feet. The -— a a" 3.9 - i I ground storage water reservoir and • = ', ' i parking area will be fenced for security. Fencing that is visible by the -,a.. �, - ,:.r ,1�.t�/�ff•Sllil./4.} public will be decorative fencing. The " ' '' - ' i •; pump house is located on the back side - - �,-, ` ` �l.r Z.frr l!4 �r ti--Y,sy . S Y of the hill from Highway 212 and it sits .0.,7,- , I k • fr rn ..-6-au ':.m. "9 1r. t . , ' .151I 1UKr;P.•k .. • approximately 60 feet from and ___-- cs parallel to the regional trail. ? 4 i'� ' _ • - z. s A'r,1'7 r. iH CrWrr i In 1871, Eden Prairie's original fef•,it,./[e,- ') !er.zr'r, '"° railroad depot and water stop known as -- -,ei .>&v ef -te X- .fco/l ''`�0 the Washburn Station was constructed ' ‘y - 4 ` y _ ;a in this general area. By the late 1800's, •` ` -..- }\_ r • ' the Eden Prairie Depot area had ' f 'r '—�. - r Bl he ze rrrt,r . ,.1 become the cultural center for the �. _ -r ,Id_,. ,./ entire township.There was a town hall, ' �,•• `g_ .r ` - :. _. 2 Staff Report-Ground Storage Water Reservoir and Pump House January 24, 2019 Page 3 creamery, post office, blacksmith shop, a store and a B&B. The design of the site includes a small wooden stave water tank that will be designed to resemble the water-stop facilities common at every train station to support the steam locomotive operations in the 1800's. The small water tank would be located on the west side of the pump house. The site design also includes a short length of railroad track along the pump house to replicate the rail line alongside the former depot. Both items as being bid as alternates so the construction will depend on available funds. Access to the site is being provided via an Photo of Actual Depot access easement over portions of the Smith Village project. In addition, the City is in discussion with MnDOT about the possibility lip. - -v., of providing access via a strip of land from P'='<':.a' } Eden Prairie Road to the project site.This strip —vow, , &- _ a .K.•.: of land will accommodate the water main =- --,_. . +_ a,.r extending to the site and it can serve as access =., 1`..'; w..V. . from Eden Prairie Road.The site plan provides d' �, a pedestrian connection between the regional fl'�' trail and the pump house. Although only ` � . , authorized personnel can go into the pump _...A' house, the public can wander off the regional if ' .,, trail and walk up to the building. % BUILDING ARCHITECTURE To celebrate Eden Praire's past,the pump house is designed to resemble the former wooden depots of the 1880's. The building is a long rectangle. The building material is proposed to resemble wood lapboard siding and the applicant is proposing windows on the ends of the building to look like the former depot. The concrete ground storage Fir-Tairr reservoir is proposed to have a somewhat coarse texture. The color of the concrete is proposed to be . w beige or green. The objective is to T - -.: . make the reservoir blend into the _ `h - _7, surroundings as much as possible "'" 1 Arm '�''`IP and draw attention to the pump . I. um house. - Staff Report—Ground Storage Water Reservoir and Pump House January 24, 2019 Page 4 PLANNED UNIT DEVELOPMENT WAIVERS The purpose of a Planned Unit Development (PUD) as stated in the City Code is to provide for a more creative and efficient approach to the use of land within the City;to allow variety in the types of environment available to people and distribution of overall density of population and intensity of land use where desirable and feasible; and provide for greater creativity and flexibility in environmental design. The applicant is requesting the following waivers: 1. Building Materials City Code requires buildings in the Public Zoning District to include at least three contrasting yet complimentary Class I materials such as glass, brick, and stone. In order for the pump house building material to resemble a wooden depot from the 1800's, the applicant is proposing to use some glass, but requesting a waiver to use fiber-cement lapboard siding to resemble wood siding. This material provides durability and requires less maintenance, but provides the appearance of the former depot. 2. Building Color City Code requires buildings in the Public Zoning District to include one color variation. The applicant is requesting a waiver to use a single color. It is likely that the former depot was one solid color with little variation. TREE REPLACEMENT AND LANDSCAPING The project requires 78 caliper inches of tree replacement and 55 caliper inches for landscaping.The landscape plan complies with the tree replacement requirements and exceeds the landscaping requirements. The slope along Highway 212, contains a number of existing trees. The applicant is proposing to add a number of evergreen trees on top of the slope to provide additional screening of the ground storage reservoir from Highway 212 and adding trees in some of the areas that do not have trees. The area around the pump house will be planted with native grasses in keeping with the landscape that was likely around the former depot. LIGHTING The property will include lighting for night-time security and safety of operations. The lighting includes wall packs on the pump house,lights in the parking and turn around area and a light near the gate. The plan as submitted exceeds the maximum footcandlesat the property line in a small area near the gate. The applicant is working on a revision that will meet the standar. The revisions will be completed prior to the 1st reading. 4 Staff Report—Ground Storage Water Reservoir and Pump House January 24, 2019 Page 5 STORMWATER MANAGEMENT Stormwater management is proposed on the site. There is an infiltration basin between the entrance drive and the regional trail. A Stormwater Management Plan has been submitted to the watershed district and the City for review. VISIBILITY The pump house is on the back side of the slope from Highway 212 and will not be visible from the road. However, the ground storage water reservoir will be somewhat visible - from Highway 212. The plan includes burying the structure into ' the hill and providing landscape ' screening to reduce the visual • -Y-• "" 1" impact from the road. The proposed t pump house will be visible from the regional trail and it is designed to Illustration of Potential View of give visitors a glimpse into Eden Ground Storage Water Reservoir Prairie's past. SUSTAINABLE FEATURES The applicant is incorporating a number of sustainable features and practices into the project. This includes incorporating practices such as using efficient design practices, providing flexibility in operations to enable the optimization of energy used, reducing the peak energy consumed by the utility's older less efficient pump station,participating in Xcel Energy's Energy Design Assistance Program, protecting as many trees as possible, adding native trees and grasses, and implementing stormwater Best Management Practices. STAFF RECOMMENDATION Recommend approval of the following request: • Planned Unit Development Concept Review on 6.55 acres • Planned Unit Development District Review with waivers on 6.55 acres • Zoning District Change to Public on 6.55 acres • Site Plan Review on 6.55 acres This is based on plans stamp dated January 23, 2019, and staff report dated January 24, 2019. 5 Staff Report—Ground Storage Water Reservoir and Pump House January 24, 2019 Page 6 1. Prior to land alteration permit issuance, the applicant shall: A. Submit detailed storm water runoff, wetland,utility, street and erosion control plans for review and approval by the City Engineer. B. Obtain and provide documentation of Watershed District approval. C. Notify the City and Watershed District 48 hours in advance of grading. D. Install erosion control at the grading limits of the property for review and approval by the City. 2. The following waivers have been granted through the PUD District Review for the project as indicated in the plans stamp dated January 23, 2019. A. City Code requires buildings in the Public Zoning District to include at least three contrasting yet complimentary Class I materials. The Waiver allows the use of fiber cement lapboard siding on the pump house. B. City Code requires buildings in the Public Zoning District to include one color variation. The Waiver allows the use a single color on the pump house. 3. All signage shall comply with Section 11.70. 6 Proposed Zoning Map: Ground Storage Reservoir and Pump Station Address:NW of Highway 212, NE of Eden Prairie Road, SE of MN River Bluffs LRT Regional Trail Eden Prairie, Minnesota I TIMBERLAKE DR. L►NG O�N I CI & 2 \ 2 zt O(a Z �e� Project Kr IAGLORY LAN �'� Site Er W d �S # I',� IIIIIIIIIIIIIIIIIIIIIII� • /1 SCENIC HEIGHTS ROAD City of Eden Prairie Zoning Map I Rural Shoreland Management Classifications N I R1-22 One Family-22,000 sf min. 1 NE Natural Environment Waters 1 RDI Recreational Development Waters I R1-13.5 One Family-13,500 sf min. 1 GDI General Development Waters(Creeks Only) '', , +,.i. I RM-6.5 Multi-Family-6.7 U.P.A. max. I I 100- Year Floodplain I RM-2.5 Multi-Family-17.4 U.P.A. max. Up dated through approved Ordinances#26-2008 EDEN 1-2 Industrial Park - 2 Acre Min, Ordinance#33-2001(BFI Addition)approved,but not shown on this map edition PRAIRIE Date:March 1,2009 I I-Gen General Industrial - 5 Acre Min. prdacrepencvrearedaa=ening claaa°ica°°^°^pia=°^ing map,°heoroi^a^ce SIVE•w OKK•IMEMA antl attacnetl legal tlescription on file at Eden Paine Ciry Center will prevail. I PUB Public 0 0 0.05 0.1 Parcels Miles mo..,.m..,ti4..o..o.a., ..o... . .m Aerial Map: Ground Storage Water Reservoir and Pump Station Address:NW of Highway 212, NE of Eden Prairie Road, SE of MN River Bluffs LRT Regional Trail Eden Prairie, Minnesota r ••f,i r 1 j • f • . r ..... , ., , , , .s, . \ . ,, . .,, ,0 y ,�- �, :. 4 _ : . ' - ,y• ?. / TIMBERLAKE D L G vN '. >' f •t a 1� > i . / .. , ....n... ...... ,. , Q .- I ,r .ciia '�i :3 %. O P Fes! ' a� g/ V - •``�` i F j _ 11-- 14 ova` err r�ar.. :Fr a ��` Project #°'`"' Z :. ii*: QGLORY LAN- �'S� Site 41 LUi _ vo--,-- rlilf # 1 \ vili A ` ;AP ,-, �� d1. d ti ` SCENIC H ". .S ROD c - s F �eV i '1. _'1 .. ' Yf d Mille: ,q �`' Park � ' ) R ... r' _ v 4. s _ 1� y / I 1 t i I i0 165 330 660 Fee 1 1 I i]�- :. APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY,JANUARY 28, 2018 7:00 PM—CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: John Kirk, Charles Weber, Ann Higgins, Andrew Pieper, Ed Farr, Michael DeSanctis, Christopher Villarreal, Carole Mette CITY STAFF: Julie Klima, City Planner; Matthew Bourne, Parks and Natural Resources Manager; Rod Rue, City Engineer; Kristin Harley, Recording Secretary A. CALL THE MEETING TO ORDER Chair Pieper called the meeting to order at 7:00 p.m. Absent were commission members Kirk and Weber. B. PLEDGE OF ALLEGIANCE—ROLL CALL C. APPROVAL OF AGENDA MOTION: Villareal moved, seconded by DeSanctis to approve the agenda. MOTION CARRIED 6-0. D. MINUTES MOTION: DeSanctis moved, seconded by Higgins to approve the minutes of December 10, 2018 with the correct spellings of Xcel Energy and kV(kilovolt). MOTION CARRIED 6-0. E. INFORMATIONAL MEETINGS F. PUBLIC MEETINGS G. PUBLIC HEARINGS B. GROUND STORAGE WATER RESERVOIR& PUMP STATION Location: Northwest of Hwy 212, southeast of Minnesota River Bluff LRT Regional Trail and northeast of Eden Prairie Road Request for: PLANNING COMMISSION MINUTES January 28, 2019 Page 2 • Planned Unit Development Concept Review on 6.55 acres • Planned Unit Development District Review with waivers on 6.55 acres • Zoning District Change to Public on 6.55 acres • Site Plan Review on 6.55 acres Rick Wahlen, Eden Prairie Manager of Utility Operations, introduced Jason Jensen, water resources and facility engineer for Advanced Engineering and Environmental Services, and detailed the application. In a PowerPoint he displayed the site and explained the need for the reservoir due to population growth and public fire protection. Wahlen detailed the timeline, showing construction complete in August 2020. He detailed the site selection process: it needed to be close to water mains, was inexpensive, and easily acquired. The City purchased the property but MnDOT retained ownership of the stormwater ponds. It was located close to a bike trail and the former Historic Washburn Depot site, which drove the design and facilitated a historic educational element. Most of the tank would be invisible to the public and the planned berm to the south between the facility and the highway would help provide screening, as would the existing trees. Stormwater would be captured on site as well. Wahlen displayed elevations showing the depot-like style mimicking the original facility with an interpretive sign which. The plan was to consult with the Historic Preservation Commission to add other educational and interpretive features. The existing trees would remain and those and the steep berm would help screen the facility. The proposal included three waivers for architectural materials and building appearance, for a higher fence, and for the colors used, which would also mimic the original Depot. DeSanctis asked if analysis was done on the possible effect of the water table and adjacent ponds or wetlands, considering this was a concern of the surrounding neighborhood when Highway 212 was built. Wahlen replied the reservoir would be constructed at a higher elevation than the water table. Jensen added the bottom of the water tank would be higher than the highway. DeSanctis also asked what impact this development would have on the subterranean channels between Mitchell and Red Rock Lakes. Wahlen replied the site of the tank would be on an old spoil pile and its construction required a number of geotechnical borings to determine if there was a sufficient foundation. These borings revealed unconsolidated till, no consistent soil bed, nor any water-bearing veins. The bottom of the stormwater basins would approach the sand veins found and let water into them. Jensen added there was 30 feet of fill found. Robert Ellis, Public Works Director, stated the two lakes were connected by a series of pipes, ponds and channels, but the proposed development came nowhere near that chain, so there would be no impact on the water flow. The interconnection would be south and west underneath Highway 212. Higgins commended the depot-style design and added the commissioners on the Heritage Preservation Commission, with whom she spoke as a former member, were enthusiastic to collaborate on this development. She suggested looking at an PLANNING COMMISSION MINUTES January 28, 2019 Page 3 original Eden Prairie sign in the possession of the Eden Prairie Historic Society, in its museum. She offered assistance with the interpretive sign. Villarreal asked for the fuel source and the duration for the generator. Wahlen replied two pumps would be operated on a propane-powered generator, rather than running all pumps at the same time on one huge generator. The facility would switch over to generator power whenever Xcel Energy needed to conserve electrical usage. Villarreal urged the use of solar power, if possible, on the roof of the pumping station. DeSanctis asked if the LED lighting could be adapted for solar. Wahlen agreed to explore using solar on the property. Farr commended the project and the "historical romance" of the depot design and the educational piece for younger Eden Prairie residents who would not remember the Depot. He asked why the paved area had grown. Wahlen replied service vehicles would require the minimum shown by the teardrop-shaped paved area. Farr urged use of a prairie grass stencil was possible on the tank. Wahlen replied the intent was to disguise the water tank with the use of earth tone colors. Also, the design of the tank within the hill resulted in a variable height; however, it was possible to include such a stencil. Farr asked if an acoustical shroud would be included, and Wahlen replied there would; a similar shroud was used on the facility above Baker Road. Farr noted there was a high-value black walnut grove of trees along the regional trail and near the storm water pond, and asked if the development could be tweaked to save them. Wahlen replied he had discussed the trees with Jensen. Some of the land was owned by the Hennepin County Regional Authority, and they were working together to save as many trees as possible and/or replant them. The area was rough with many scrub trees, and with some trees so close together they shade each other and prevent growth of a forest understory. Farr suggested including the story of the black walnut in the interpretive/educational piece. Jensen replied Three Rivers wished to have sight distance along the trees for safety, which was another consideration. Pieper asked how much the depot-style design would affect the project budget. Wahlen replied the materials of the depot style were similar to those used without it. The greatest cost differential due to architecture would come from the ornate fence. He did not have a cost estimate for the light panel. He did not foresee a prohibitive budget increase due to this design. Klima presented the staff report. The zoning would be changed to public, and this would be guided by the 2040 Aspire Plan. Several waivers were being requested, including the addition of the height of the fence waiver; staff would work on the applicant on this. Staff recommended approval Fan asked if there was guidance as to sharp fence barbs at the top, and Klima replied only the height was subject to code. The style would vary depending on which part of it was visible to the public. PLANNING COMMISSION MINUTES January 28, 2019 Page 4 MOTION: Higgins moved, seconded by DeSanctis to close the public hearing. MOTION CARRIED 6-0. Mette commended the train depot design. Pieper agreed. DeSanctis added if a small tag or ground-level sign could be used. Higgins replied one of the views showed a standard interpretive sign used in other areas of Eden Prairie. Villarreal urged adding more educational and outreach elements at the site and along the trail in the future. MOTION: Farr moved, seconded by DeSanctis to recommend approval of the planned unit development concept review on 6.55 acres,planned united development district review with waivers on 6.55 acres, zoning district change to public on 6.55 acres, and site plan review on 6.55 acres based on staff report dated January 24, 2019 and plans stamp dated January 23, 2019. MOTION CARRIED 6-0. II. PLANNERS' REPORT Klima invited to the Commissioners to the February 19, 2019 City Council Workshop. She stated she would follow up with an email. I. MEMBERS' REPORTS J. CONTINUING BUSINESS K. NEW BUSINESS L. ADJOURNMENT MOTION: Higgins moved, seconded by Villarreal to adjourn the meeting. MOTION CARRIED 6-0. Chair Pieper adjourned the meeting at 8:39 p.m. CITY COUNCIL AGENDA DATE: SECTION: Public Hearing February 19, 2019 DEPARTMENT/DIVISION: ITEM DESCRIPTION: Vacation 19-01 ITEM NO.: Denise Christensen Vacation of part of the Drainage and Utility IX C. Easements over Lot 1, Block 2, Augusta Addition Public Works/Engineering Requested Action Move to: Close the public hearing; and Adopt the resolution vacating the easterly 5.00 feet of Lot 1, Block 2, Augusta Addition, Hennepin County, Minnesota. Synopsis The property owners of the lot have requested the vacation of a part of the drainage and utility easements to facilitate the plat of Pioneer Trail Eden Prairie Addition for new building construction. Background Information The drainage and utility easement to be vacated was originally dedicated with the plat of Augusta Addition. In order to accommodate a new building on the lot, the property owners would like this underlying easement vacated and will dedicate all new drainage and utility easements with the plat of Pioneer Trail Eden Prairie Addition. The release of the resolution vacating the easement shall be conditioned on the recording new dedicated easements on the plat of Pioneer Trail Eden Prairie Addition. Attachments Resolution Location Map Site Plan Published Notice Notification List CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2019-36 VACATION OF PART OF THE DRAINAGE AND UTILITY EASEMENT OVER LOT 1,BLOCK 1,AUGUSTA ADDITION HENNEPIN COUNTY,MINNESOTA VACATION 19-01 WHEREAS, the City of Eden Prairie has a certain Drainage and Utility Easement described as follows: The easterly 5.00 feet of Lot 1, Block 2, Augusta Addition, Hennepin County, Minnesota WHEREAS, a Public Hearing was held on February 19, 2019 after due notice was given to affected property owners and published in accordance with M.S.A. 412.851; and WHERAS, the Council has been advised by City Staff that the proposed vacation of the above described Drainage and Utility Easement has no relationship to the comprehensive municipal plan; and WHEREAS, it has been determined that the said Drainage and Utility Easement is not necessary and has no interest to the public, therefore, should be vacated. NOW, THEREFORE,BE IT RESOLVED by the Eden Prairie City Council as follows: 1. Said Easements described above are hereby vacated. 2. The City Clerk shall prepare a Notice of Completion of Proceedings in accordance with M.S.A. 412.851. 3. This Resolution is contingent upon and shall not be effective until the subdivision Pioneer Trail Eden Prairie Addition has been recorded with the County Recorder/Registrar of Titles as applicable. The City Clerk shall not present the Notice of Completion of Proceedings to the County Auditor or file it with the County Recorder/Registrar of Titles until the subdivision Pioneer Trail Eden Prairie Addition is recorded. ADOPTED by the Eden Prairie City Council on February 19, 2019. Ronald A. Case, Mayor ATTEST: Kathleen Porta, City Clerk kl)\_11149C1-S -0 1\ - A`' 1:_l 1 11. 1'1-,SCL------e''''-' L.._ LA1(!cal.11 ° : 7_--,-Y. t(23,30749. g eg ecoal Q6- __z .../ 1 0 7:______---_________:___ tibl 5. w ----____, ....„--- ---_,..., I 1 ; I I bAraEi c ARVAF c, . . ' - -. 4. 71..,. /6t •eVe)bk) :_ ---.2 36.k .ovv, ire tarif 1 VIEW '0 ( Q c LLE CDRNELL eT. Lake co {� BISHOP CT. 128. lq 92 NCR OK STI'E lir �� TC; 1-iZ4111- co c je 0)Neo'k- , ' '- °, 4,0\.) c_i -__________________ N, c-')___ .p, PIONEE 1-'/Y. , •r• G''`E,EIS_WQ, ct.'..: + ���� Tit. S/.lR REY A Ell w ST. '"..................9 1 ED (q-D � LEA f Er wl1 o \\ w - -4 i Nv—Iss# I ---\71\?.... lir\ VAC 19--01 NORTH LOCATION MAP DRAINAGE AND UTILITY EASEMENT VACATION EXHIBIT The easement to be vacated is described as follows: The easterly 5.00 feet of Lot 1, Block 2. AUGUSTA ADDITION, Hennepin County, Minnesota. L...... ......-- / e&° 1 / �g F�P fit// ,C // ��G� / 1 , � 04�C / 11 "I ..‘4 i 0N-,5f4 .os // os- p., 1,--__--- . I, Q / �� 0 G -000 o z c A I r o o��� I ,,o1 2 row 1 z� �1 BL° rvec �N�W of 0� 44amOW II ( / z 1 I J ]OL_ gi , , W 1 -I t© I i:i I hereby certify that this survey, plan, or 0 50 100 report was prepared by me or under my supervision and that I am a duly Licensed SUMMARY SCALE IN FEET Land Surveyor under the laws of the State of Minnesota. EASEMENT AREA Bearings based on NAD 83, 1,223 sq. ft. / 0.02806 acres Hennepin County, MN grid system Date: � � LEGEND Christo er A. Terwedo Kj/// DENOTES EASEMENT TO BE VACATED Minnesota License No. 53536 JN1229 Tyler Street NE.Suite ice DRAINAGE AND UTILITY KIMLEY—HORN & Minneapolis,(Mmin�3300 3 EASEMENT VACATION ASSOCIATES FAX:(612)466-3353 LOT 1, BLOCK 2, AUGUSTA ADDITION N Egan,field&Nowak.Inc. WWW.EFNSURVEY.C:OM au.lwlr•far aMAF,n•NOWA.0 HENNEPIN COUNTY, MINNESOTA SHEET 1 OF 1 co lend ■urvoyera ■Ine• 1872 EFN FILE NO. 205 EFN PROJECT NO. 37858 LEGEND � I —— .icle.rvue w V � ,no""`'µ l � colLA ° —_—=.' .�-� ICIR o ~`� F/,a` • ll `, L� I 3 7a97�, d ,_ > / f�' i FU7URE STORM . . ...-i_-A--,.I I I e iF "" •/ . I 1 ..„......-t"-- t't_-7,;;/.... „, y , _. . // .�7y ,ll 0S� Na + Ib pDk lb; / / 1 i / / . LOT r I / ,� ; FUTURE BULLI NG BLOCK} �. SOS Y 000 f I g PD l is I 1 .- , I _ 1 1 J� �� i" , EMI.sponENTEo ❑.,�� I - ................... . Zs j ri 1� i Li= M.,I,MienuMIN t. retiwtser woo 1 CP P'' ,'r.ii I --SB9�31 SO M' f47.99 S VVI4 P I O L 11 r 1 r' 11 ? N� g; , ,-, . w v = !r!'i il 1f F ofI , o 6 � ui !,11fl II EPS� SALE ' ' Et 21 tl I ; _1L z 3 1 1 r + I — —————se57e•a0=w z�b'R 00 ———�n—{ ° O f It .CRoo .or I J 0 o jJ� I I 1— m 3 Z fill F a II i� 11 I a i X I SCALE IIFE&f z r D. BILET NI IEM4 EX-1 VACATION 19-01 NOTICE OF VACATION OF A PART OF THE DRAINAGE AND UTILITY EASEMENT AS DEDICATED ON THE PLAT OF AUGUSTA ADDITION OVER LOT 1, BLOCK 2, HENNEPIN COUNTY, MINNESOTA Notice is hereby given that a public hearing will be held before the Eden Prairie City Council at the Eden Prairie City Hall, 8080 Mitchell Road, Eden Prairie, Minnesota, on February 19, 2019 at 7:00 p.m. to hear all persons present upon the proposed vacation of a portion of public drainage and utility easements described as follows: The easterly 5.00 feet of Lot 1, Block 2, AUGUSTA ADDITION,Hennepin County, Minnesota. By Order of the City Council Published in the Eden Prairie News on January 31, 2019. NOTIFICATION LIST VACATION REQUEST 19-01 A copy of the Public Hearing Notice has been sent to owners of the following parcels: 27-116-22 13 0005 27-116-22 14 0001 27-116-22 14 0002 27-116-22 14 0007 27-116-22 14 0008 27-116-22 14 0021 A copy of the Public Hearing Notice has been sent to the following Utilities: CenterPoint Energy Century Link Communications Comcast Cable Xcel Energy CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims February 19, 2019 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Sue Kotchevar, Office of the Payment of Claims X. City Manager/Finance Requested Action Move to: Approve the Payment of Claims as submitted(roll call vote) Synopsis Checks 265759 - 265962 Wire Transfers 1021870 - 1022004 Wire Transfers 6952 - 6975 City of Eden Prairie Council Check Register by GL 2/19/2019 Check# Amount Supplier/Explanation Account Description Business Unit Comments 6958 411,033 WELLS FARGO BANK MINNESOTA NA Interest Water Capital Bond Payments 265833 371,799 METROPOLITAN COUNCIL ENVIRONMENTAL SERVI MCES User Fee Wasterwater Collection Wastewater Fee Feb 2019 265816 280,613 HEALTHPARTNERS Accounts Receivable Health and Benefits Premiums Feb 2019 6972 253,960 ULTIMATE SOFTWARE GROUP,THE Federal Taxes Withheld Health and Benefits Payroll Taxes PR ending 02.01.19 265776 229,661 BLACKSTONE CONTRACTORS LLC Improvements to Land General Fixed Asset Account Gr MN River Vista Site improvement 6970 168,805 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA PR Ending 01.18.19 1021928 106,586 XCEL ENERGY Electric Street Lighting Multi location electric 1021899 83,204 ADVANCED ENGINEERING&ENVIRONMENTAL SE Design&Engineering Water Capital 265784 65,000 C J R DESIGN Other Contracted Services Improvement Projects 2006 265952 54,470 STEPP MANUFACTURING INC Autos Fleet-Park&Rec 265838 39,624 MN DEPARTMENT OF NATURAL RESOURCES Licenses,Taxes,Fees Water Treatment 1021904 30,271 CENTERPOINT ENERGY Gas General Community Center 265823 28,836 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store 1021980 28,423 DIVERSE BUILDING MAINTENANCE Janitor Service Prairie Village Liquor Store 265918 25,000 LANDMARK REMODELING LLC Accounts Receivable TIF-Eden Shores Senior Housing 6974 24,341 EMPOWER Deferred Compensation Health and Benefits 265781 24,335 BREAKTHRU BEVERAGE MINNESOTA BEER LLC Liquor Product Received Prairie View Liquor Store 1021978 24,235 CENTERPOINT ENERGY Gas Wastewater Lift Station 265915 22,571 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store 265765 22,205 ABM ONSITE SERVICES-MIDWEST Tenant 1-Cleaning Supply City Center-CAM 265844 22,000 PARK NICOLLET Deposits Escrow 6973 21,392 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits 265840 20,000 NEOLOGY INC Capital Under S25,000 Police Sworn 265885 19,745 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store 265778 18,663 BMO HARRIS BANK N.A TIF Payment TIF-Town Center-Windsor Plaza 1021982 18,260 GARTNER REFRIGERATION&MFG INC Contract Svcs-Ice Rink Ice Arena Maintenance 265767 16,200 ALLINA HEALTH SYSTEM Tuition Reimbursement/School Fire 6952 14,812 LIFE INSURANCE COMPANY OF NORTH AMERICA Life Insurance EE/ER Health and Benefits 265849 14,644 PRAIRIEVIEW RETAIL LLC Building Rental Prairie View Liquor Store 265948 14,549 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store 265865 14,517 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store 265822 13,974 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store 265854 13,879 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store 265832 13,635 METRO CITIES Dues&Subscriptions City Council 265848 13,589 PRAIRIE PARTNERS SIX LLP Waste Disposal Prairie Village Liquor Store 6956 13,380 I-494 CORRIDOR COMMISSION Deposits 494 Corridor Commission 6968 12,626 NCR MERCHANT SOLUTIONS Bank and Service Charges Prairie View Liquor Store 265883 11,972 BREAKTHRU BEVERAGE MINNESOTA WINE&SPIR Liquor Product Received Prairie View Liquor Store 6975 11,854 I-494 CORRIDOR COMMISSION Deposits 494 Corridor Commission 6953 11,550 FURTHER-AKA SELECT HSA-Employee Health and Benefits 1021997 11,547 SRF CONSULTING GROUP INC Design&Engineering General Fixed Asset Account Gr 1021923 10,748 SRF CONSULTING GROUP INC Design&Engineering General Fixed Asset Account Gr 265799 10,688 DSO ARCHITECTURE INC Other Contracted Services Park Acquisition&Development 1021992 10,672 PEARSON BROTHERS INC Seal Coating Street Maintenance 1021998 10,063 ST CROIX ENVIRONMENTAL INC Design&Engineering Water Supply(Wells) Check# Amount Supplier/Explanation Account Description Business Unit Comments 265914 9,523 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store 265782 9,515 BREAKTHRU BEVERAGE MINNESOTA WINE&SPIR Liquor Product Received Prairie View Liquor Store 265811 9,453 GENERAL OFFICE PRODUCTS COMPANY Capital Under$25,000 FF&E-Furn,Fixtures&Equip. 265829 9,419 MATTS AUTO SERVICE INC Other Contracted Services DWI Forfeiture 265860 9,334 UNIVERSAL ATHLETIC SERVICES INC Repair&Maint.Supplies Softball 265813 9,309 GRAYMONT Treatment Chemicals Water Treatment 265852 9,300 SECURIAN ASSET MANAGEMENT INC Interest Investment Fund 265855 9,285 SOUTHWEST SUBURBAN CABLE COMMISSION Dues&Subscriptions City Council 265853 9,100 SITEIMPROVE,INC Other Contracted Services Communications 6964 8,291 CARD CONNECT Bank and Service Charges Community Center Admin 1021979 8,265 DAKOTA SUPPLY GROUP INC Repair&Maint.Supplies Water Metering 265959 8,000 VINCO INC Improvement Contracts Water Capital 265882 7,281 BREAKTHRU BEVERAGE MINNESOTA BEER LLC Liquor Product Received Prairie View Liquor Store 1021971 7,129 R&R SPECIALTIES OF WISCONSIN INC Contract Svcs-Ice Rink Ice Arena Maintenance 1021991 6,999 METRO SALES INCORPORATED* Other Rentals IT Operating 1021993 6,373 POMP'S TIRE SERVICE INC Tires Fleet Operating 6962 5,913 SAGE PAYMENT SOLUTIONS Bank and Service Charges Wastewater Accounting 265936 5,671 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store 265895 5,528 EARL F ANDERSEN INC Signs Traffic Signs 6966 5,170 FURTHER-AKA SELECT HRA Health and Benefits 265961 4,915 WINDOW CONCEPTS OF MINNESOTA INC Other Contracted Services Rehab 265884 4,890 BROTHERS FIRE PROTECTION Contract Svcs-Fire/Life/Safe Maintenance Facility 265869 4,852 ACCU-RITE POWDERCOATING&SURFACE PREP Signs Traffic Signs 265921 4,753 MACQUEEN EQUIPMENT INC Equipment Parts Wasterwater Collection 6955 4,720 FURTHER-AKA SELECT FSA-Medical Health and Benefits 6960 4,606 US BANK-CREDIT CARD MERCHANT ONLY Bank and Service Charges Finance 265905 4,532 GRAYMONT Treatment Chemicals Water Treatment 1021974 4,052 VAN PAPER COMPANY Janitor Service Prairie Village Liquor Store 265891 3,983 DEPT OF EMPLOYMENT/ECONOMIC DEVELOPMENT Interest Economic Development Fund 1021994 3,982 PRAIRIE ELECTRIC COMPANY Contract Svcs-HVAC Maintenance Facility 265824 3,974 KENDELL DOORS&HARDWARE INC Contract Svcs-General Bldg Park Shelters 6957 3,974 FURTHER-AKA SELECT FSA-Dependent Care Health and Benefits 265821 3,900 ISG Other Contracted Services Planning&Development 265932 3,750 MUELLER CO Repair&Maint.Supplies Water Metering 1021914 3,708 HORIZON COMMERCIAL POOL SUPPLY Supplies-Pool Pool Maintenance 265809 3,564 FIRE SAFETY USA INC Repair&Maint.Supplies Fire 1021900 3,362 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store 265847 2,893 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store 265798 2,874 DPC INDUSTRIES INC Treatment Chemicals Water Treatment 265875 2,706 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store 265826 2,650 LUBE-TECH&PARTNERS LLC Lubricants&Additives Fleet Operating 265901 2,587 FIRE SAFETY USA INC Equipment Parts Fleet Operating 1021954 2,551 VAN PAPER COMPANY Cleaning Supplies Fitness/Conference-Cmty Ctr 265934 2,527 PAUSTIS&SONS COMPANY Liquor Product Received Prairie View Liquor Store 265897 2,488 EQUIPMENT COATING INC Signs Traffic Signs 265815 2,295 GYM WORKS Equipment Repair&Maint Fitness Center 6954 2,274 FURTHER-AKA SELECT FSA-Medical Health and Benefits 1021965 2,200 GREENSIDE INC Contract Svcs-Snow Removal City Center-CAM 1022001 2,186 VARITECH INDUSTRIES INC Equipment Parts Fleet Operating 1021957 2,172 WSB&ASSOCIATES INC Other Contracted Services Pleasant Hill Cemetery Check# Amount Supplier/Explanation Account Description Business Unit Comments 1021924 2,155 STREICHERS Clothing&Uniforms Police Sworn 6969 2,124 AMERICAN EXPRESS Bank and Service Charges Inspections-Administration 265795 2,119 CORE&MAN Small Tools Water Distribution 265886 2,003 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie View Liquor Store 265846 1,967 PAUSTIS&SONS COMPANY Liquor Product Received Prairie View Liquor Store 265962 1,935 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store 265820 1,925 INTERNATIONAL UNION OF OPERATING Union Dues Withheld Health and Benefits 265772 1,915 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store 1021910 1,890 ENVIRONMENTAL PROCESS INC Other Contracted Services Facilities Capital 1021990 1,750 METRO ELEVATOR INC Contract Svcs-Elevator Fire Station#1 1021999 1,678 UNIQUE PAVING MATERIALS Gravel Water Distribution 265797 1,674 DODGE OF BURNSVILLE Equipment Parts Fleet Operating 1022004 1,655 ZIEGLER INC Equipment Repair&Maint Fleet Operating 265801 1,594 EAU CLAIRE BREWING PROJECT THE LLC Liquor Product Received Prairie View Liquor Store 265769 1,561 ALTERNATIVE BUSINESS FURNITURE INC Contract Svcs-General Bldg Police(City Cost) 265864 1,529 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store 265906 1,526 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Prairie View Liquor Store 1021915 1,508 MENARDS Building Materials Round Lake 1021909 1,506 ELECTRIC PUMP Equipment Repair&Maint Wastewater Lift Station 265817 1,442 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store 1022002 1,411 WINE COMPANY,THE Liquor Product Received Prairie View Liquor Store 1021912 1,375 GRAINGER Equipment Repair&Maint Maintenance Facility 1021976 1,357 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store 265814 1,349 GREAT LAKES COCA-COLA DISTRIBUTION Merchandise for Resale Concessions 1021956 1,309 VINOCOPIA Liquor Product Received Prairie View Liquor Store 265775 1,302 BERNICK'S WINE Liquor Product Received Prairie View Liquor Store 1021918 1,243 MULCAHY COMPANY INC Supplies-HVAC Fitness/Conference-Cmty Ctr 1021905 1,142 COMPRESSED AIR CONCEPTS LLLC Contract Svcs-General Bldg Maintenance Facility 1021911 1,136 FILTRATION SYSTEMS Supplies-HVAC City Center-CAM 265862 1,125 US BANK Interest Investment Fund 265920 1,100 M&A EXECUTIVE SEARCH LLC Conference/Training Fire 6959 1,089 FIDELITY SECURITY LIFE INSURANCE CO Accounts Receivable Health and Benefits 265845 1,058 PARK NICOLLET CLINIC Health&Fitness Fire 1021961 1,012 CONCRETE CUTTING AND CORING Landscape Materials/Supp Park Maintenance 265955 1,002 SYMBOLARTS Operating Supplies Safety Camp 265843 985 PAPCO INC Janitor Service Fitness/Conference-Cmty Ctr 265828 938 MASTER CRAFT LABELS INC Operating Supplies Prairie Village Liquor Store 1021921 935 PRAIRIE ELECTRIC COMPANY Contract Svcs-Pool Street Lighting 265909 900 HARLEY CONSULTING&COACHING Other Contracted Services City Council 265935 891 PERFORMING INSTITUTE OF MINNESOTA Building Rental Winter Theatre 265871 855 AIRGAS USA LLC Supplies-Pool Pool Maintenance 265773 842 ASPEN MILLS Clothing&Uniforms Police Sworn 1021960 831 BERRY COFFEE COMPANY Merchandise for Resale Concessions 265911 827 HOME DEPOT CREDIT SERVICES Supplies-Electrical Fitness/Conference-Cmty Ctr 1021940 801 FLEETPRIDE INC Equipment Repair&Maint Fleet Operating 1022003 800 XCEL ENERGY Electric Forest Hills Park 265768 774 ALTEC INDUSTRIES INC Equipment Parts Snow&Ice Control 1021989 772 MENARDS Building Materials City Center-CAM 1021925 768 VISTAR CORPORATION Merchandise for Resale Concessions 265940 760 QUALITY FLOW SYSTEMS INC Repair&Maint.Supplies Utility Operations-General Check# Amount Supplier/Explanation Account Description Business Unit Comments 1021942 760 GREENSIDE INC Contract Svcs-Snow Removal Fire Station#1 265834 752 MIDWEST ASPHALT SERVICES LLC Outside Water Sales Escrow 1021975 736 VINOCOPIA Liquor Product Received Prairie View Liquor Store 265794 736 COMMUNITY HEALTH CHARITIES OF MINNESOTA Charitable Contributions Health and Benefits 265877 727 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating 265878 725 BERNICK'S WINE Liquor Product Received Prairie View Liquor Store 1021907 711 DREW'S CONCESSIONS LLC Merchandise for Resale Concessions 265759 700 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store 265928 695 MODIST BREWING COMPANY Liquor Product Received Prairie View Liquor Store 265956 691 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions 265760 656 PETTY CASH Mileage&Parking Fleet Operating 265800 622 E A SWEEN COMPANY Merchandise for Resale Concessions 265850 609 PROP-DO NOT USE Charitable Contributions Health and Benefits 265779 600 BOUND TREE MEDICAL LLC EMS Supplies-EMS Supplies Fire 1021984 595 GOVERNMENT FINANCE OFFICERS ASSN Dues&Subscriptions Finance 265899 590 FIELD TRAINING SOLUTIONS Tuition Reimbursement/School Police Sworn 1021963 575 FASTENAL COMPANY Operating Supplies Fleet Operating 265893 574 DOMACE VINO Liquor Product Received Prairie View Liquor Store 265892 573 DISCOUNT STEEL INC Safety Supplies Snow&Ice Control 6965 570 FURTHER-AKA SELECT HRA Health and Benefits 265856 569 STAPLES ADVANTAGE Office Supplies Customer Service 265858 563 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions 1021973 559 TOLL GAS AND WELDING SUPPLY Repair&Maint.Supplies Utility Operations-General 1021951 543 THE OASIS GROUP Employee Assistance Organizational Services 265835 526 MIDWEST COCA COLA BOTTLING COMPANY Liquor Product Received Den Road Liquor Store 1021927 526 WINE COMPANY,THE Liquor Product Received Prairie View Liquor Store 265960 525 WELLS FARGO BANK MINNESOTA NA Paying Agent GO Perm Impr Ref Bonds 2011D 265951 524 STEEL TOE BREWING LLC Liquor Product Received Prairie View Liquor Store 265879 522 BLACK STACK BREWING INC Liquor Product Received Prairie View Liquor Store 1021981 521 ELECTRIC PUMP Equipment Repair&Maint Wastewater Lift Station 265925 520 MHSRC/RANGE Tuition Reimbursement/School Fire 265805 514 EDEN PRAIRIE FOUNDATION Charitable Contributions Health and Benefits 1021935 505 CLAREY'S SAFETY EQUIPMENT Operating Supplies Street Maintenance 1021920 504 PARLEY LAKE WINERY Liquor Product Received Den Road Liquor Store 1021917 502 METROPOLITAN AIRPORTS COMMISSION Other Rentals Park Maintenance 1021919 496 NORTH CENTRAL LABORATORIES Laboratory Chemicals Water Treatment 265789 494 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store 265793 490 COMMERCIAL REFRIGERATION SYSTEMS INC Repair&Maint-Ice Rink Ice Arena Maintenance 265867 487 CENTURYLINK Telephone IT Operating 265872 486 ALTEC INDUSTRIES INC Equipment Parts Snow&Ice Control 1021987 482 INTERSTATE POWER SYSTEMS INC Equipment Repair&Maint Water Supply(Wells) 1021926 476 WATSON CO INC,THE Merchandise for Resale Concessions 1021931 435 BATTERIES PLUS Operating Supplies City Center-CAM 265839 435 MOTOROLA SOLUTIONS INC Operating Supplies Inspections-Administration 265890 435 DEALER AUTOMOTIVE SERVICES INC Equipment Repair&Maint Fleet Operating 265810 428 FLEET MAINTENANCE INC Equipment Repair&Maint Fleet Operating 265863 427 WATER CONSERVATION SERVICES INC OCS-Leak Detection Water Distribution 265777 414 BLOOMINGTON SECURITY SOLUTIONS Building Repair&Maint. Miller Park 265818 414 INBOUND BREW CO Liquor Product Received Prairie View Liquor Store 265900 400 FINNLY TECHNOLOGY LLC Licenses,Taxes,Fees Ice Operations Check# Amount Supplier/Explanation Account Description Business Unit Comments 265866 389 CAPREF EDEN PRAIRIE LLC Building Rental Housing and Community Service 265766 385 ACTIVE 911 INC Software Maintenance IT Operating 1021934 384 CHEMSEARCH Contract Svcs-Ice Rink Ice Arena Maintenance 265827 379 LUPULIN BREWING COMPANY Liquor Product Received Prairie View Liquor Store 1021985 378 GRAINGER Repair&Maint.Supplies City Center-CAM 6963 376 SAGE PAYMENT SOLUTIONS Bank and Service Charges Wastewater Accounting 265903 375 GENERAL OFFICE PRODUCTS COMPANY Supplies-General Bldg Police(City Cost) 265907 369 GYM WORKS Equipment Repair&Maint Fitness Center 265804 367 EDEN PRAIRIE CRIME PREVENTION FUND Charitable Contributions Health and Benefits 265942 360 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Prairie View Liquor Store 1021902 354 BOYER TRUCKS Equipment Parts Fleet Operating 1021936 352 CONCRETE CUTTING AND CORING Equipment Repair&Maint Park Maintenance 265770 350 AMK RESEARCH SERVICES,LLC Other Contracted Services Senior Center Programs 265944 350 SARAH PIERCE PHOTOGRAPHY LLC Other Contracted Services Special Events&Trips 265788 349 CINTAS CORPORATION Safety Supplies Community Center Admin 265870 347 ACROSS THE STREET PRODUCTIONS Tuition Reimbursement/School Fire 1021930 326 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Den Road Liquor Store 1021916 319 METRO SALES INCORPORATED* Equipment Rentals IT Operating 1021908 317 EDEN PRAIRIE FIREFIGHTER'S RELIEF ASSOC Union Dues Withheld Health and Benefits 265943 315 ROOTSTOCK WINE COMPANY Liquor Product Received Den Road Liquor Store 265945 313 SHAKOPEE BREWHALL Liquor Product Received Prairie View Liquor Store 1021950 289 R&R SPECIALTIES OF WISCONSIN INC Repair&Maint-Ice Rink Ice Arena Maintenance 1021938 287 ENVIRONMENTAL RESOURCE ASSOCIATES Laboratory Chemicals Water Treatment 1021906 280 DAKOTA SUPPLY GROUP INC Equipment Parts Water Metering 265874 271 AQUA LOGIC INC Supplies-Pool Pool Maintenance 265917 270 KODIAK CUSTOM LETTERING INC Clothing&Uniforms Concessions 265927 261 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Traffic Signals 1021955 261 VIK,LISA Travel Expense Police Sworn 1021970 259 QUALITY PROPANE Equipment Parts Ice Arena Maintenance 265913 252 INBOUND BREW CO Liquor Product Received Prairie View Liquor Store 265806 245 EDEN PRAIRIE NOON ROTARY CLUB Miscellaneous Housing and Community Service 265922 240 MAGC Dues&Subscriptions Communications 6967 232 US BANK-PAYMODE Bank and Service Charges Finance 1021964 228 GREATAMERICA FINANCIAL SVCS Postage Customer Service 265763 225 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 265812 220 GIRARD'S BUSINESS SOLUTIONS INC Postage Customer Service 1021949 216 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 1021995 209 SCHWAB VOLLHABER LUBRATT SERVICE CORO Supplies-HVAC City Center-CAM 265941 208 REACH COMPANIES LLC Merchandise for Resale Concessions 1021952 208 TOLL GAS AND WELDING SUPPLY Small Tools Fleet Operating 265861 207 URBAN GROWLER BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store 1021958 206 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Prairie View Liquor Store 265954 206 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 265876 200 B.VOCAL LLC Conference/Training Housing and Community Service 265931 200 MUEHLBAUER,THOMAS G Other Contracted Services Community Band 6971 199 ULTIMATE SOFTWARE GROUP,THE Garnishment Withheld Health and Benefits 265841 189 NORTH AMERICAN SAFETY INC Repair&Maint.Supplies Water Distribution 265949 184 STAPLES ADVANTAGE Office Supplies Customer Service 265774 180 BARTLEY SALES COMPANY INC Supplies-Fire/Life/Safety Pool Maintenance 265919 180 LUPULIN BREWING COMPANY Liquor Product Received Prairie View Liquor Store Check# Amount Supplier/Explanation Account Description Business Unit Comments 1021939 179 FASTENAL COMPANY Small Tools Fleet Operating 265831 175 MERSC Dues&Subscriptions Organizational Services 265764 174 ABLE SEEDHOUSE AND BREWERY Liquor Product Received Den Road Liquor Store 265894 169 E A SWEEN COMPANY Merchandise for Resale Concessions 1021953 168 URBINA,JAIME Mileage&Parking Den Road Liquor Store 265910 162 HENNEPIN COUNTY TREASURER Licenses,Taxes,Fees Concessions 1021977 160 CAWLEY COMPANY,THE Office Supplies Prairie Village Liquor Store 265868 157 ABLE HOSE&RUBBER INC Equipment Parts Snow&Ice Control 265836 150 MINNESOTA DEPARTMENT OF NATURAL RESOURCE Licenses,Taxes,Fees Improvement Projects 2006 265880 150 BLOOMINGTON SECURITY SOLUTIONS Other Contracted Services Edenvale Park 265881 146 BOURGET IMPORTS Liquor Product Received Den Road Liquor Store 1021943 144 HYNEK,EVAN Clothing&Uniforms Police Sworn 1021947 142 OLSON,ROBERT Mileage&Parking Police Sworn 265762 140 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 265803 140 EDEN PRAIRIE CHAMBER OF COMMERCE Miscellaneous Administration 265912 140 IDN-H.HOFFMAN,INC Supplies-Security Facilities Staff 265923 139 MASS/MRPA Conference/Training Senior Center Admin 265947 137 SIGNSOURCE Advertising Skating Rinks/Warming Houses 265842 132 OFFICE OF MN IT SERVICES Other Contracted Services Police Sworn 265808 130 ESTRINE,ROBERT Other Contracted Services Community Band 265830 130 MEDICINE LAKE TOURS Special Event Fees Trips 1021946 128 MPX GROUP,THE Printing Fire 265825 128 KROWEZ SAMANTHA Operating Supplies Arts Center 265771 125 APPLIED CONCEPTS,INC. Operating Supplies Police Sworn 1021937 123 EICHMAN,NATHAN Canine Supplies Police Sworn 265958 120 VERIZON WIRELESS Telephone E-911 Program 1021968 120 MPX GROUP,THE Printing Police Sworn 1021901 119 BOBBY&STEVE'S AUTO WORLD EDEN PRAIRIE Equipment Repair&Maint Police Sworn 1021966 113 METROPOLITAN FORD Equipment Parts Fleet Operating 265791 112 COMCAST Cable TV Fire 265896 112 EDEN PRAIRIE CHAMBER OF COMMERCE Miscellaneous Economic Development 265902 108 FREEVEND TECHNICAL SERVICES Equipment Repair&Maint Concessions 1021962 107 DUNGAN,TRACY Mileage&Parking Concessions 265916 100 JUACHON ARVIN Rebates Water Conservation 265946 96 SHRED RIGHT Waste Disposal City Hall(City Cost) 1021969 96 OLSON,ROBERT Mileage&Parking Police Sworn 265807 95 ENKI BREWING COMPANY INC Liquor Product Received Den Road Liquor Store 265819 95 INDEED BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store 1021933 91 CARLSTON,BRANDON Clothing&Uniforms Police Sworn 1021929 90 AJITAPRASAD,BEENA Mileage&Parking Community Center Admin 265888 86 COMCAST Equipment Rentals IT Operating 265950 83 STATE OF MINNESOTA Miscellaneous DWI Forfeiture 265780 82 BOURGET IMPORTS Liquor Product Received Prairie Village Liquor Store 265926 80 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Customer Service 1021988 78 KIDCREATE STUDIO Instructor Service Arts Center 265837 77 MINNESOTA TROPHIES&GIFTS Operating Supplies Police Sworn 1021941 76 GOLDENSTEIN,JAMES Conference/Training IT Operating 265930 75 MR CUTTING EDGE Repair&Maint-Ice Rink Ice Arena Maintenance 265937 72 PK BLOODY MARY CORP Liquor Product Received Den Road Liquor Store 1021967 70 MITTELSTADT,SCOTT Canine Supplies Police Sworn Check# Amount Supplier/Explanation Account Description Business Unit Comments 265859 68 UNITED WAY Charitable Contributions Health and Benefits 265933 66 NOKOMIS SHOE SHOP Clothing&Uniforms Inspections-Administration 265783 65 BROWN,KEVIN Motor Fuels Fleet Operating 265761 64 440400-NCPERS MINNESOTA PERA Health and Benefits 1021972 60 SHAMROCK GROUP,INC-ACE ICE Liquor Product Received Prairie View Liquor Store 1021913 58 HANSEN THORP PELLINEN OLSON Other Contracted Services Park Acquisition&Development 1021983 57 GINA MARIAS INC Operating Supplies Volunteers 1021948 55 PORTA,KITTY Mileage&Parking City Clerk 265908 54 HAGEN,MAIJA P&R Refunds Community Center Admin 265790 53 COMCAST Internet IT Operating 265939 52 PRESBYTERIAN HOMES AND SERVICES Deposits Escrow 265904 50 GOPHER STATE ONE-CALL OCS-Utility Locates Water Distribution 265929 50 MPPOA Dues&Subscriptions Police Sworn 265898 49 ERICKSON ANNA P&R Refunds Community Center Admin 265953 49 STIELE,SARA Rebates Water Conservation 265957 48 TUCKER DOUG Operating Supplies Broomball 1021959 46 BATTERIES PLUS Repair&Maint. Supplies Stormwater Collection 265792 45 COMCAST Cable TV Fire 1021932 42 BOSACKER MIKE Mileage&Parking Police Sworn 265924 40 MATUSESKI,KYLE Clothing&Uniforms Facilities Staff 6961 38 SAGE PAYMENT SOLUTIONS Bank and Service Charges Historical Culture 265796 36 CUB FOODS EDEN PRAIRIE Operating Supplies Volunteers 265802 35 EDEN PRAIRIE CHAMBER OF COMMERCE Miscellaneous City Council 1021903 29 CAWLEY COMPANY,THE Office Supplies Administration 1021996 28 SPRINT Cell/Pager Plans IT Operating 265887 27 COMCAST Other Contracted Services Police Sworn 1021922 26 SPS COMPANIES Equipment Parts Snow&Ice Control 1021944 24 METROPOLITAN FORD Equipment Parts Fleet Operating 265938 23 PRAIRIE LAWN AND GARDEN Equipment Parts Water Distribution 265851 20 SCOTT COUNTY Licenses,Taxes,Fees Police Sworn 265873 13 ANDERSON,CHARLES Mileage&Parking Facilities Staff 265857 11 STATE OF MINNESOTA Licenses,Taxes,Fees Fleet Operating 1021945 9 MINNESOTA CLAY CO.USA Operating Supplies Arts Center 265889 7 COMCAST Cable TV Fire 1022000 4 UPS Postage Planning 3,038,262 Grand Total City of Eden Prairie Council Check Summary 2/19/2019 Division Amount Division Amount General 249,952 308 E-911 342 100 City Manager 178 309 DWI Forfeiture 9,502 101 Legislative 23,897 315 Economic Development 47,646 110 City Clerk 55 502 Park Development 10,746 111 Customer Service 4,036 509 CIP Fund 318 112 Human Resources 64 522 Improvement Projects 2006 65,150 113 Communications 9,340 804 100 Year History 38 114 Benefits&Training 725 Total Captial Projects Fund 133,742 131 Finance 1,013 132 Housing and Community Services 575 601 Prairie Village Liquor 70,598 133 Planning 4 602 Den Road Liquor 123,491 136 Public Safety Communications 472 603 Prairie View Liquor 93,459 137 Economic Development 145 605 Den Road Building 336 150 Park Administration 3,900 701 Water Enterprise Fund 389,364 151 Park Maintenance 7,304 702 Wastewater Enterprise Fund 384,198 153 Organized Athletics 9,443 703 Stormwater Enterprise Fund 97 154 Community Center 18,963 Total Enterprise Fund 1,061,542 156 Youth Programs 1,501 158 Senior Center 984 802 494 Commuter Services 25,234 159 Recreation Administration 40 803 Escrow Fund 24,872 162 Arts 1,221 807 Benefits Fund 798,070 163 Outdoor Center 351 809 Investment Fund 10,425 168 Arts Center 267 812 Fleet Internal Service 75,789 180 Police Sworn 26,499 813 IT Internal Service 5,562 184 Fire 22,984 814 Facilities Capital ISF 1,890 186 Inspections 5,002 815 Facilites Operating ISF 48,053 200 Engineering 2,493 816 Facilites City Center ISF 38,131 201 Street Maintenance 31,650 817 Facilites Comm.Center ISF 137,596 202 Street Lighting 1,472 Total Internal Svc Funds/Agency Funds 1,165,622 Total General Fund 424,528 Report Total 3,038,262 301 CDBG 5,045 303 Cemetary Operation 1,703 Total Special Revenue Fund 6,747 435 2008B G.O.Improvement Bonds 115,125 440 GO Perm Impr Ref Bonds 2011D 525 448 2016A GO BONDS-WEST 70TH ST. 130,430 Total Debt Service Fund 246,080 CITY COUNCIL AGENDA DATE: SECTION: Ordinances & Resolutions February 19, 2019 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Acting Fire Chief Kevin Schmeig First Reading of an Ordinance Amending XI.A. Fire Department City Code Chapter 9 Relating to the Minnesota State Fire Code and Fire Alarm Systems Requested Action Move to: Approve the first reading of an ordinance amending City Code Chapter 9 relating to the Minnesota State Fire Code and Fire Alarm Systems Synopsis Under state law, the Minnesota State Fire Code ("MSFC"), which incorporates the International Fire Code ("IFC"), is applicable throughout the state. State law allows cities, however, to adopt ordinances or regulations which specify requirements equal to, in addition to, or more stringent than the requirements of the MSFC that are directly related to the safeguarding of life and property from the hazards of fire. The current City Code Section 9.05 expressly adopts the 2015 MSFC (which incorporates the 2012 IFC) as the Fire Code of the City and prescribes certain amendments and additional regulations as allowed by state law. The proposed ordinance revises Section 9.05. In addition to re-organizing Section 9.05 for consistency and readability, the proposed ordinance makes the following substantive changes: Subdivision 1. The MSFC and the IFC are amended and updated periodically. To avoid the necessity of amending the City Code each time the MSFC or IFC is updated at the state level, the proposed ordinance amends Subdivision 1 of Section 9.05 to incorporate the most current version of the MSFC and expressly adopt future amendments. Subdivision 2. The MSFC provides for enforcement by a department of fire prevention under the direction of a"Fire Code Official."The proposed ordinance deletes references to the "Fire Marshal" and instead references the "Fire Code Official"throughout Section 9.05 for consistency with the MSFC. The ordinance designates the Fire Chief as the City's Fire Code Official and allows for the appointment of a Deputy Fire Code Official and other technical officers, inspectors, and other employees to aid in enforcement of the Fire Code. Subdivision 3. Subdivision 3 of the proposed ordinance amends certain sections of the MSFC as allowed by state law. Most of these amendments are contained in the current code. New amendments are those related to key boxes, system inspection records, and fire alarm signal dialers. Subdivisions 6 and 8. Section 9.05 and the MSFC require or authorize the City to require permits for various activities. Subdivision 6 adds general requirements for the application for and issuance or denial of permits. Subdivision 8 addresses open burning permits and adds more specificity and detail for open burning permit requirements than is currently contained in Section 9.05. The proposed ordinance also amends City Code Section 9.10 A relating to Fire Alarm Systems. The proposed ordinance deletes the requirement in Subdivision 4 that all fire alarm systems be registered with the Fire Department. Because of difficulties faced as a result of frequent turnover of property managers and technical reporting, enforcement of the registration system has become cumbersome for the Fire Department. The registration system is being replaced with a new third-party, web-based compliance tool called Compliance Engine that will allow the Fire Department to track and drive inspection and testing code compliance. Under the proposed revision to Section 9.05, contractors who perform required inspection, testing, or maintenance services on fire and life safety systems in the City must now submit all reports to the City through the Compliance Engine. A contract with the Compliance Engine vendor will be presented to the Council for approval contemporaneous with or shortly after the anticipated date of final approval of this proposed ordinance. Finally, the proposed ordinance makes minor amendments to City Code Sections 2.26, 2.32, and 8.07 to remove references to the Fire Marshal and update other references in light of the revisions to Section 9.05. Attachment Ordinance CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2019 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,AMENDING CITY CODE CHAPTER 9 RELATING TO THE MINNESOTA STATE FIRE CODE AND FIRE ALARM SYSTEMS AND MAKING RELATED MINOR AMENDMENTS TO CHAPTER 2 AND CHAPTER 8; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 9.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. Chapter 9, Section 9.05 of the City Code is hereby deleted in its entirety and replaced with the following: SECTION 9.05. MINNESOTA STATE FIRE CODE AND OTHER FIRE REGULATIONS. Subd. 1. Adoption. Pursuant to Minnesota Statutes Section 299F.011 and Minnesota Rules Chapter 7511,the Minnesota State Fire Code which incorporates by reference and amends certain provisions of the International Fire Code (collectively referred to herein as "MSFC"), is hereby adopted as the fire code for the City for the purpose of prescribing regulations governing conditions hazardous to life and property from fire and explosion. Except for deletions, modifications or amendments by this Section, every provision contained in the MSFC,together with appendices A, B, C,D, E,F, G,H, I, K, and L,is adopted and made a part of this Section 9.05 and shall be known and may be cited as the "Fire Code" of the City. This Section incorporates the MSFC and adopts future amendments in accordance with Minn. Stat. § 645.31, subd. 2. One copy of the most current edition of the MSFC shall be marked as the official copy and will be kept on file in the office of the City Clerk. Subd. 2. Enforcement. A. Pursuant to MSFC Section 103.1, the department of fire prevention is hereby established within the City under the direction of the Fire Code Official. The MSFC and any state statutes pertaining to fire and life safety shall be enforced by the department of fire prevention.Members of the department of fire prevention shall be City employees and may be appointed and removed by the Fire Chief with the consent of the City Manager. B. The Fire Chief is hereby appointed as the Fire Code Official for the City. The Fire Code Official may appoint a Deputy Fire Code Official and other related technical officers, inspectors, and other employees as necessary. Subd. 3. Amendments to the MSFC. The MSFC is amended as follows: A. Amendments to Chapter 5 -FIRE APPARATUS ACCESS ROADS. 1. 503.3 "Marking" is amended in its entirety to read as follows: 503.3 Marking Fire Lanes. The marking of fire lanes on private and public property shall be designated by the Fire Chief and City Code, Chapter 8, section 8.07, Subd. 3. 2. 506.1 "Where required" is amended to add the following sentence at the end of the section: Key boxes shall be installed per the manufacturer's suggested installation recommendations or as approved by the Fire Code Official. B. Amendment to Chapter 6 —BUILDING SERVICES AND SYSTEMS 1. 609.3.3 "Cleaning" is amended to add the following new subsection: 609.3.3.4 System Inspection Records. Contractors who perform inspection, testing, or maintenance services on commercial kitchen hoods within the City must electronically submit all compliant and non-compliant reports to the Fire Department by a method approved by the Fire Code Official, which may include payment of a fee as prescribed by the City Fee Resolution. C. Amendments to Chapter 9 -FIRE PROTECTION SYSTEMS. 1. 901.6.2 "Records" is amended to add the following new subsection: 901.6.2.2 System Inspection Records. Contractors who perform inspection, testing, or maintenance services on fire and life safety systems within the City must electronically submit all compliant and non-compliant reports to the Fire Department by a method approved by the Fire Code Official, which may include payment of a fee as prescribed by the City Fee Resolution. 2. 904.11 "Commercial Cooking Systems" is amended to add the following exception: Exception: The requirement for protection does not include steam kettles and steam tables or equipment which as used do not create grease-laden vapors. The requirement shall not apply to Group R3 occupancies and individual units within Group R1 occupancies. 3. Section 907 "Fire Alarm and Detection Systems" is amended to add the following new subsection: 907.10 Dialers. Dialers used to communicate fire alarm signals to a central monitoring station shall be capable of sending all addressable signals of the fire alarm panel that are required by the Fire Code Official. D. Amendment to Chapter 10 - MEANS OF EGRESS. 1. 1001.2 "Minimum requirements"is amended to add the following sentence at the end of the section: No exit or part thereof shall be altered in any way unless in conformance with Chapter 10 of the City Code. E. Amendment to Chapter 31 - TENTS AND OTHER MEMBRANE STRUCTURES. 1. 3104.20"Standby Personnel"is amended to add the following sentence at the end of the section: Standby personnel shall be firefighters unless otherwise approved by the Fire Chief. F. Amendment to Chapter 57—FLAMMABLE AND COMBUSTIBLE LIQUIDS. 1. 5704.1 "General" is amended to add the following paragraphs: The provisions of this section which prohibit the storage of flammable or combustible liquids in outside above ground tanks are applicable to all residential zoning districts of the City. Above ground tanks in all other districts shall meet the standards of UL 2085 and this section for an insulated and protected tank. A permit from the Fire Department is required for temporary installations of flammable or combustible liquid tanks used for construction purposes. G. Amendment to Chapter 61 —LIQUEFIED PETROLEUM GASES. 1. Chapter 61 is amended to add the following new section 6103: 6103.1 Permit. An installer must obtain a permit and plan approval from the Fire Department prior to installation of a single container or an aggregate of interconnected containers of 500 or more gallons water capacity. 6103.2 Protection. All single container installations with a total water storage capacity of 2,000 gallons or greater, and interconnected containers in the aggregate greater than 2,000 gallons, shall be protected by one or more of the following methods: 1. Buried in an approved manner. 2. Mounded in an approved manner. 3. By a system for application of water approved by the Fire Code Official. 4. By other means approved by the Fire Code Official. H. Amendment to Appendix K — FIRES OR BARBEQUES ON BALCONIES OR PATIOS. 1. 1.1 "Open Flame Prohibited" is amended in its entirety to read as follows: 1.1 Open Flame Prohibited. In any structure containing three or more dwelling units, with at least two vertically stacked, no person shall kindle, maintain, or cause any fire or open flame on any balcony above ground level, or on any ground floor patio within 15 feet of the structure. Subd.4. Modifications. The Fire Code Official shall have the authority to modify any application of the provisions of the MSFC upon request in writing by the owner or licensee or his or her duly authorized agent, wherein there are particular difficulties in the way of carrying out a strict interpretation of the MSFC, provided that the spirit of the MSFC shall be observed, public safety secured, and substantial compliance achieved. The reasons for each such modification when granted or allowed, and the decision of the Fire Code Official thereon shall be entered upon the records of the Fire Department and a copy thereof furnished to each such applicant. Subd. 5. Central Fire Alarm System. Every school building, dormitory, hospital, nursing or rest home, hotel, motel, or boarding home, and such other premises similarly used, which are designated in writing by the Fire Code Official upon notice to the owners thereof, shall install and maintain a fire alarm system which is connected directly to a central alarm station. Any such structure erected or established hereafter shall be connected to the above described system before the commencement of any such use, or uses, therein. Subd. 6. Permits. A. For any permit required or authorized by the MSFC or this Section, the following provisions apply: 1. Application. Permit applications must be made to the Fire Department on forms prescribed by the City. All questions asked or information required by the application forms shall be answered fully and completely by the applicant. The applicant must comply with applicable laws, regulations, ordinances, and any additional requirements of the City. 2. Denial. The Fire Code Official may deny any permit application when the activity for which the permit is sought violates any applicable law, statute, rule,regulation, or ordinance or is contrary to the public health, safety, or welfare. 3. Conditions. Any permit may be subject to conditions that protect the public health, safety and welfare. 4. Permit Fee. Upon submission of a permit application, the applicant must pay a permit fee to the City. 5. Revocation. A permit is subject to revocation for failure to comply with permit conditions or failure to comply with any other applicable law, rule, regulation, or ordinance. B. The Building Official and the Fire Chief shall act as a committee to determine and specify, after giving affected persons an opportunity to be heard, any new materials, processes or occupancies which will require permits, in addition to those now enumerated in MSFC or this Section. The Fire Code Official will post such list of required permits on the Fire Department website and distribute copies thereof to interested persons. Subd. 7. Emergency Service Costs. A. Costs. Every person, firm or corporation that is not a resident of the City or the owner of real property in the City subject to real property taxes, shall be liable for all the costs of emergency services, including but not limited to: fire, prevention, extinguishing, rescue, medical, clean up and related services, provided to the person, firm or corporation by the City or contracted for by the City. B. Assessment. Any cost herein which is not paid within 60 days of being billed may be certified to the county auditor of any county in which the person, firm or corporation owns real property in the State of Minnesota and shall be collected together with property taxes levied against the property. In order to certify a charge to the auditor, the City shall on or before September 15 provide written notice to the property owner of the City's intention to certify the charge to the auditor. This provision does not limit in any way the City's right to collect said costs in any other method available in law or equity. Subd. 8. Open Burning. Open burning, recreational fires, and ground thawing/construction material heating operations within the City are subject to all applicable federal, state, and local laws and regulations including but not limited to the provisions of Minnesota Statutes Sections 88.15 through 88.195, the MSFC, and the City Code. A. Open Burning. Open burning within the City of Eden Prairie shall be prohibited except for the following. 1. Prairie Burns. Natural or restored prairie areas may be burned for management purposes if the following requirements are met: a. A management plan is in effect. The plan must be on file with the Fire Department and approved by the City Forester. b. Trained firefighting crews are present at the burn. The Fire Chief must approve the crews. c. An open burning permit is obtained from the Fire Department. d. All Fire Department rules are followed. 2. Minnesota River Flood Debris Burns. A property owner may remove debris left on the Minnesota River bank and flood plain by flood waters by open burning. An open burning permit must be obtained from the Fire Department. 3. Recreational Fires. An open burning permit is not required for recreational fires within the City. No more than one recreational fire is allowed on a parcel of record or lot at one time. All Fire Department rules must be followed. Recreational fires are prohibited when a burning ban or air quality alert is in effect. 4. Ground Thawing/Construction Material Heating. All ground thawing and construction material heating(such as sand piles and water for masonry work)shall be done with LP or natural gas. No open burning permit is required.No burning of combustible materials such as wood or construction debris is allowed. 5. Special Permits. The Fire Code Official is authorized to issue special open burning permits for circumstances that may include, but are not limited to, fire department training fires, catastrophic event debris disposal, and other similar circumstances protective of the public health, safety, and welfare. B. Open Burning Permit. In addition to the provisions and requirements of subdivision 6 of this Section, open burning permits shall be subject to the following: 1. In determining whether to issue or deny an open burning permit application, the Fire Code Official may consider such factors as atmospheric conditions,proximity of the proposed fire to structures and other combustibles, the potential of fire spreading, and air quality. 2. An open burning permit is subject to the condition that no burning may occur when there is a burning ban or air quality alert in effect. 3. An open burning permit is subject to revocation by the Fire Code Official or an officer of the Minnesota Department of Natural Resources for the following reasons: a fire hazard existing or developing during the course of the burn;violation of permit conditions during the course of the burn;pollution or nuisance conditions developing during the course of the burn; a fire smoldering with no flame; or the failure to have an attendant present during the course of the burn. C. Costs. Open burning permit holders or persons hosting a recreational fire will be responsible for all costs incurred as a result of the burn or recreational fire, including, but not limited to, fire suppression and administrative fees. Subd.9. Appeals. Whenever the Fire Code Official shall disapprove any application or refuse to grant a permit applied for or when it is claimed that a provision of the MSFC does not apply, or that it has been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the Fire Code Official to the Board of Adjustments and Appeals within thirty (30) days from the date of the decision. Section 2. Chapter 9, Section 9.10 A, Subdivision LB of the City Code is hereby amended by deleting those words that are in strikethrough font contained in brackets [] and adding those words that are underlined, to read as follows: B. Required Fire Alarm System. A Fire Alarm System that is a Required Fire Alarm System which reports a more than [one]three ([4}3) false alarms to the City in a single calendar year will cause the alarm user to be charged a user fee for each false alarm in excess of[one]three ([443) per calendar year. The fee charged shall be in accordance with the fee schedule adopted by the City Council. Section 3. Chapter 9, Section 9.10 A, Subdivision 3.B of the City Code is hereby amended by deleting those words that are in strikethrough font contained in brackets [] and adding those words that are underlined, to read as follows: B. Remote automatic alarm systems and other related devices shall not be installed in such a manner that an automatic alarm signal is connected to the 911 trunks. Under specific circumstances, automatic devices with two-way voice communication may be permitted if the Fire Chief finds that the device complies with Section [1215]7580.0800 Subpart 5 of the [Code of] Minnesota Administrative Rules and is otherwise in compliance with the requirements of federal, state and local laws and regulations. Section 4. Chapter 9, Section 9.10 A, Subdivision 4 of the City Code is hereby amended by deleting Subdivision 4 in its entirety and replacing it with the following: Subd. 4. System Certification and Inspection, Testing, and Maintenance. A. System Certification. All required Fire Alarm Systems installed after January 1, 1986 shall have a UL72 certificate. All required Fire Alarm Systems that are updated, modified or replaced must have a UL72 certificate issued certifying that the Fire Alarm System is in compliance with Adopted Codes. The certificate shall be signed by a Qualified Fire Alarm Technician. B. Inspection, Testing and Maintenance. 1. The Fire Alarm System alarm user shall have all Fire Alarm Systems inspected and tested at least once per year in accordance with Adopted Codes. 2. The Fire Alarm System alarm user shall maintain all Fire Alarm Systems in accordance with manufacturer specifications and Adopted Codes. Section 5. City Code Chapter 2, Section 2.26, Subdivision 2.C.b. is hereby amended by deleting those words that are in strikethrough font contained in brackets [ ] and adding those words that are underlined, to read as follows: b. Fire Code. The Board shall (a) hear and decide appeals of orders, decisions or determinations made relative to the application and interpretation of the[Uniform]Minnesota State Fire Code as adopted by the City, (b) conduct investigations and inquiry into matters brought before it, (c) make all decisions and findings in writing and give notice of them to the appellant with a duplicate copy to the Fire [Marshal]Code Official within fifteen(15)days of the decision, and (d) recommend to the Council such new legislation as may be consistent therewith. Section 6. City Code Chapter 2, Section 2.32 is hereby amended by deleting those words that are in strikethrough font contained in brackets [ ] and adding those words that are underlined, to read as follows: Fire Department Fire Chief Fire [Marshal]Code Official Deputy Fire Code Official Fire Inspector Manager of InspectionsBuilding Official Building Inspectors Section 7. City Code Chapter 8, Section 8.07, Subdivision 3 is hereby amended by deleting those words that are in stfiketlifeugli font contained in brackets [ ] and adding those words that are underlined, to read as follows: Subd.3.Whenever the owner or person who is in lawful possession of property is required by City Code provisions,by the conditions precedent or applicable to the issuance of a use or occupancy permit, or by order of the Fire Chief[;] or Chief of Police[, or the Fire Prevention Bureau] to maintain driveways, access lanes, or other areas unobstructed by parked or stopped vehicles for the purpose of insuring ingress or egress for police, fire and emergency vehicles, the owner or person in lawful possession of such property shall place or cause to be placed a sign or signs and yellow paint curbing as follows: A. A sign or signs shall be placed at appropriate locations within thirty(30) days after notification under the supervision of the Fire Chief[;] or Chief of Police[, or the Fire Prevention Bureau]. B. Any such sign shall be placed in such a position that it is visible to anyone attempting to use the way, lane or area for parking and shall state: "No Parking Fire Lane—By Order of Fire Chief." C. Any such sign shall be permanent and non-portable except when a temporary sign is approved by written order of the Fire Chiefb] or Chief of Police[, or the Fire Prevention Bureau]. Such sign shall not be smaller than twelve (12) inches high and shall be white with red lettering that is at least two (2) inches high or as approved by the Fire [Marshal]Chief. D. At the entrance to a business or an establishment where any such sign has been placed as set forth in this Section, exception may be made for persons who discharge passengers from their vehicles at such an entrance. E. All curbing which borders on or is adjacent to any such way, lane or area shall be painted yellow and maintained as directed by the Fire Chieff;] or Chief of Police[; or the Fire Prevention Bureau]. Section 8. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 9.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 9. 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 19th day of February, 2019 and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of , 2019. Kathleen Porta, City Clerk Ronald A. Case, Mayor PUBLISHED in the Eden Prairie News on .