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HomeMy WebLinkAboutCity Council - 07/16/2019 AGENDA CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY,JULY 16, 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, Fire Chief Scott Gerber, 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 I. 2020/2021 BUDGET (5:30—6:15) II. HENNEPIN COUNTY COURT PRESENTATION (6:15—6:30) Open Podium - Council Chamber (6:30) III. OPEN PODIUM IV. ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,JULY 16, 2019 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Ron Case, Council Members Brad Aho, Kathy Nelson, Mark Freiberg, and PG Narayanan CITY STAFF: City Manager Rick Getschow, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, City Attorney Ric Rosow, and Council Recorder Jan Curielli I. CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS A. HENNEPIN COUNTY COMMISSIONER DEBBIE GOETTEL B. HENNEPIN COUNTY SHERIFF DAVID HUTCHINSON C. ACCEPT DONATION OF HISTORIC FARM EQUIPMENT FROM DOUG SCHMIDT (Resolution) D. ACCEPT DONATION OF $3,400 FOR HOMETOWN CELEBRATION (Resolution) E. ACCEPT DONATION OF $500 FROM DREAMWORKS FOR MOVIES IN THE PARKS (Resolution) V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, JUNE 18, 2019 B. CITY COUNCIL MEETING HELD TUESDAY, JUNE 18, 2019 VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST CITY COUNCIL AGENDA July 16, 2019 Page 2 B. FOUNTAIN PLACE by Cushman&Wakefield. Second Reading of an Ordinance for PUD District Amendment on 12.43 acres; Resolution for Site Plan Review on 12.43 acres (Ordinance for Zoning District Amendment; Resolution for Site Plan) C. CODE AMENDMENT FOR SOLAR by City of Eden Prairie. Second Reading of an Ordinance to amend City Code Chapter 11 relating to Solar Systems as a Permitted Accessory Use (Ordinance; Resolution for Summary Ordinance) D. APPROVE ENCROACHMENT AGREEMENT WITH METROPOLITAN COUNCIL FOR SWLRT SOUTHWEST STATION E. AWARD CONTRACT TO CORRECTIVE ASPHALT MATERIALS TO APPLY REJUVENATING AGENTS TO CITY STREETS F. REJECT BID FROM EUREKA CONSTRUCTION, INC. FOR TC&W RAILROAD CROSSING SAFETY IMPROVEMENT PROJECT G. APPROVE AGREEMENT WITH HANSEN THORP PELLINEN OLSON, INC. (HTPO) FOR CONSTRUCTION SURVEYING SERVICES FOR DRINKING WATER STORAGE RESERVOIR AND PUMP STATION H. APPROVE STANDARD AGREEMENT FOR PROFESSIONAL SERVICES WITH HANSEN THORP PELLINEN OLSON, INC. FOR DEERFIELD TRAIL IMPROVEMENTS I. REJECT BIDS FOR CITY YARD WASTE DROP OFF IMPROVEMENT PROJECT J. STANDARD SMALL WIRELESS FACILITY COLLOCATION AGREEMENT WITH VERIZON WIRELESS LLC K. APPROVE TRANSFER OF RETIRED CANINE TO OFFICER L. ADOPT RESOLUTION AND FINDINGS DENYING A THERAPEUTIC MASSAGE ENTERPRISE LICENSE TO ROYALTY LLC D/B/A JF SPA AND MASSAGE THERAPIST LICENSES TO GUIRONG YE AND KE SUN M. APPROVE CHANGES TO EDEN PRAIRIE FIREFIGHTER RELIEF ASSOCIATION BYLAWS N. APPROVE AGREEMENT WITH TYLER TECHNOLOGIES FOR UPGRADES TO NEW WORLD SHIELDFORCE AND WEB CAD MONITOR O. ADOPT RESOLUTION IN SUPPORT OF LIVABLE COMMUNITIES DEMONSTRATION ACOUNT GRANT APPLICATION CITY COUNCIL AGENDA July 16, 2019 Page 3 P. CASTLE RIDGE by Senior Housing Partners. Second Reading of an Ordinance for PUD District Review with waivers on 19.75 acres and Zoning District Change from C-COM to RM-2.5 on 1.33 acres and from RM-2.5 to C-COM on .13 acres; Resolution for Site Plan Review on 6.94 acres (Ordinance for Zoning District Change; Resolution for Site Plan) IX. PUBLIC HEARINGS/MEETINGS A. SHELDON PLACE by Schaefco Development, LLC. Resolution for PUD Concept Review on 1.01 acres; First Reading of an Ordinance for PUD District Review with waivers and Zoning District Change from Rural to RM-6.5 on 1.01 acres; Resolution for Preliminary Plat of one lot into eleven lots on 1.01 acres (Ordinance for Zoning District Change; Resolution for PUD Concept; Resolution for Preliminary Plat) B. VACATION OF EDEN BLUFF HIGHLANDS DRAINAGE AND UTILITY EASEMENTS (Resolution) X. PAYMENT OF CLAIMS XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS,AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER 1. Abandoned Homes Report C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR 1. Oak Point Elementary School Site Plan Early Land Alteration Permit D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Columbarium Concept Plan E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF CITY COUNCIL AGENDA July 16, 2019 Page 4 H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT ANNOTATED AGENDA DATE: July 12, 2019 TO: Mayor and City Council FROM: Rick Getschow, City Manager RE: City Council Meeting for Tuesday, July 16, 2019 TUESDAY,JULY 16, 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. HENNEPIN COUNTY COMMISSIONER DEBBIE GOETTEL County Commissioner Debbie Goettel will give a presentation. B. HENNEPIN COUNTY SHERIFF DAVID HUTCHINSON County Sheriff David Hutchinson will give a presentation. C. ACCEPT DONATION OF HISTORIC FARM EQUIPMENT FROM DOUG SCHMIDT (Resolution) Synopsis: Doug Schmidt has offered to donate historic farm equipment to be displayed at historic sites within the city. The Historic Preservation Commission reviewed the equipment and recommends accepting the following equipment(see attached photos); the corn planter, John Deere mower, dump rake and the ax grinder. MOTION: Move to adopt the Resolution accepting the donation of Historical Farm Equipment from Doug Schmidt. ANNOTATED AGENDA July 16, 2019 Page 2 D. ACCEPT DONATION OF $3,400 FOR HOMETOWN CELEBRATION (Resolution) Synopsis: A few Eden Prairie businesses donated towards the July 3rd and 4th Celebration, amounting to $3,400 in total. MOTION: Move to adopt the Resolution accepting the donation of $3,400 from various donors to go towards the July 3rd and 4th Hometown Celebration. E. ACCEPT DONATION OF $500 FROM DREAMWORKS FOR MOVIES IN THE PARKS (Resolution) Synopsis: Each summer, Parks and Recreation offers a series of three free movies at the Staring Lake Amphitheatre. Selections are made so that the series has offerings for both families with young children and older teens and adults. Movies are preceded by live entertainment on stage. MOTION: Move to adopt the Resolution accepting the donation of $500 from DreamWorks to go towards the Movies in the Parks. 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,JUNE 18, 2019 B. CITY COUNCIL MEETING HELD TUESDAY,JUNE 18, 2019 VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR MOTION: Move approval of items A-P on the Consent Calendar. A. CLERK'S LICENSE LIST B. FOUNTAIN PLACE by Cushman&Wakefield. Second Reading of an Ordinance for PUD District Amendment on 12.43 acres; Resolution for Site Plan Review on 12.43 acres (Ordinance for Zoning District Amendment; Resolution for Site Plan) ANNOTATED AGENDA July 16, 2019 Page 3 C. CODE AMENDMENT FOR SOLAR by City of Eden Prairie. Second Reading of an Ordinance to amend City Code Chapter 11 relating to Solar Systems as a Permitted Accessory Use (Ordinance; Resolution for Summary Ordinance) D. APPROVE ENCROACHMENT AGREEMENT WITH METROPOLITAN COUNCIL FOR SWLRT SOUTHWEST STATION E. AWARD CONTRACT TO CORRECTIVE ASPHALT MATERIALS TO APPLY REJUVENATING AGENTS TO CITY STREETS F. REJECT BID FROM EUREKA CONSTRUCTION, INC. FOR TC&W RAILROAD CROSSING SAFETY IMPROVEMENT PROJECT G. APPROVE AGREEMENT WITH HANSEN THORP PELLINEN OLSON, INC. (HTPO) FOR CONSTRUCTION SURVEYING SERVICES FOR DRINKING WATER STORAGE RESERVOIR AND PUMP STATION H. APPROVE STANDARD AGREEMENT FOR PROFESSIONAL SERVICES WITH HANSEN THORP PELLINEN OLSON,INC. FOR DEERFIELD TRAIL IMPROVEMENTS I. REJECT BIDS FOR CITY YARD WASTE DROP OFF IMPROVEMENT PROJECT J. STANDARD SMALL WIRELESS FACILITY COLLOCATION AGREEMENT WITH VERIZON WIRELESS LLC K. APPROVE TRANSFER OF RETIRED CANINE TO OFFICER L. ADOPT RESOLUTION AND FINDINGS DENYING A THERAPEUTIC MASSAGE ENTERPRISE LICENSE TO ROYALTY LLC D/B/A JF SPA AND MASSAGE THERAPIST LICENSES TO GUIRONG YE AND KE SUN M. APPROVE CHANGES TO EDEN PRAIRIE FIREFIGHTER RELIEF ASSOCIATION BYLAWS N. APPROVE AGREEMENT WITH TYLER TECHNOLOGIES FOR UPGRADES TO NEW WORLD SHIELDFORCE AND WEB CAD MONITOR O. ADOPT RESOLUTION IN SUPPORT OF LIVABLE COMMUNITIES DEMONSTRATION ACOUNT GRANT APPLICATION P. CASTLE RIDGE by Senior Housing Partners. Second Reading of an Ordinance for PUD District Review with waivers on 19.75 acres and Zoning District Change from C-COM to RM-2.5 on 1.33 acres and from RM-2.5 to C-COM on 1.3 acres; ANNOTATED AGENDA July 16, 2019 Page 4 Resolution for Site Plan Review on 6.94 acres (Ordinance for Zoning District Change; Resolution for Site Plan) IX. PUBLIC HEARINGS/MEETINGS A. SHELDON PLACE by Schaefco Development, LLC. Resolution for PUD Concept Review on 1.01 acres; First Reading of an Ordinance for PUD District Review with waivers and Zoning District Change from Rural to RM-6.5 on 1.01 acres; Resolution for Preliminary Plat of one lot into eleven lots on 1.01 acres (Ordinance for Zoning District Change; Resolution for PUD Concept; Resolution for Preliminary Plat) Synopsis: The applicant is proposing to build 10 townhome units at 7960 Eden Prairie Road. The 1.01-acre property is located on the west side of Eden Prairie Road approximately 1/2 mile south of Highway 5. The site was formerly occupied by Gunnar Electric. There is an office building, shop building, and a number of sheds on the property. The applicant is proposing two 3-unit buildings at the north and south ends of the property and two 2-unit buildings along the west side of the property. Access to the site will remain in its current location across from Glory Lane. The buildings are proposed at 2 1/2-stories and each unit is proposed at approximately 3,440 square feet with a two car garage and two additional covered parking stalls for guests in front of the garage. The units consist of a lower level, a main level with living space and an upper level. The units are designed to include an elevator if the homeowner selects that option. In addition to the parking stalls in front of the two car garages, the proposed plan include 5 surface parking stalls for visitors. The proposal includes a pedestrian connection to the trail along Eden Prairie Road. The proposal also includes a semi-circular seating area next to the sidewalk as a small gathering area for residents. MOTION: Move to: • Close the Public Hearing; and • Adopt a Resolution for Planned Unit Development Concept Review on 1.01 acres; and • Approve the 1st Reading of the Ordinance for a Planned Unit Development District Review with waivers on 1.01 acres and a Zoning District Change from Rural to RM-6.5 on 1.01 acres; and • Adopt a Resolution for a Preliminary Plat of one lot into 11 lots on 1.01 acres; and • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. B. VACATION OF EDEN BLUFF HIGHLANDS DRAINAGE AND UTILITY EASEMENTS (Resolution) Synopsis: The property owners of the lots have requested the vacation of all the drainage and utility easements to facilitate the plat of Eden Bluff Highlands 5th ANNOTATED AGENDA July 16, 2019 Page 5 Addition for parking lot expansion. MOTION: Move to: • Close the Public Hearing; and • Adopt the Resolution vacating Drainage and Utility Easements. X. PAYMENT OF CLAIMS MOTION: Move approval of Payment of Claims as submitted (Roll Call Vote). XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS,AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER 1. Abandoned Homes Report Synopsis: Building Inspections Manager Kevin Schmieg will give an update at the request of the Council from the last meeting regarding abandoned and vacant properties. C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR 1. Oak Point Elementary School Site Plan Early Land Alteration Permit Synopsis: The applicant is proposing to construct additional parking at Oak Point Elementary School. The property is located at 13400 Staring Lake Parkway at the intersection of Anderson Lakes Parkway and Staring Lake Parkway. The 23.05-acre property includes the school, parking, ball fields and playground areas. The new 85-stall parking lot is proposed west of the lower parking lot south of the school. The proposed project also includes construction of a stormwater basin west of the new parking lot, code compliant landscape islands in the parking lot and landscape screening on the south side of the parking lot to provide screening from Staring Lake Parkway. The proposed parking lot is primarily for staff parking and there is an existing sidewalk providing pedestrian access to the school. The applicant is only a requesting an early Land Alteration Permit at this ANNOTATED AGENDA July 16, 2019 Page 6 time to keep the project moving forward so the improvements can be completed early in the school year. If the early Land Alteration Permit is authorized, any work completed by the applicant is at their own risk. The public hearing for the consideration of approval of the Site Plan will be held on August 13. D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Columbarium Concept Plan Presentation: Parks and Recreation Director Jay Lothammer will give a presentation on a plan for a columbarium at the Pleasant Hill Cemetery. E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Move to adjourn the City Council meeting. CITY COUNCIL AGENDA DATE: SECTION: Proclamations and Presentations July 16, 2019 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Jay Lotthammer, Director, Donation of Historical Farm Equipment from IV.C. Parks and Recreation Doug Schmidt Requested Action Move to: Adopt Resolution accepting the donation of Historical Farm Equipment from Doug Schmidt. Synopsis Doug Schmidt has offered to donate historic farm equipment to be displayed at historic sites within the city. The Historic Preservation Commission reviewed the equipment and recommends accepting the following equipment (see attached photos); the corn planter, John Deere mower, dump rake and the ax grinder. Background Mr. Schmidt gives the following background of the equipment. "The farm equipment (approximately from the early 1900's) belonged to my grandfather, Joseph Morrissette. His original farm was in Hamel, MN. The farm was located approximately 3 miles west of Medina Entertainment Center. He retired in the late '40s and then purchased one acre and the farm house in Eden Prairie from Wesly Pidock. He brought the farm equipment (that I would like to donate) with him. Even though he retired, he continued to farm the land in Eden Prairie. He planted vegetable crops:potatoes, corn, strawberries, rhubarb, and hay. He then harvested and sold these crops to National T grocery in Glen Lake, MN and operated a roadside stand on Scenic Heights Road. Grandpa was known around these parts as: Old Joe; Old Joe Potato Joe; or Uncle Joe, but he was always grandpa to me. " Attachments Photos of Equipment 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 of Historical Farm Equipment from Doug Schmidt is hereby recognized and accepted by the Eden Prairie City Council. ADOPTED by the City Council of the City of Eden Prairie this 16th day of July, 2019. Ronald A. Case, Mayor ATTEST: Kathleen Porta, City Clerk • Historic Farm r , r x5 � 'Geer h�{awer • ,I F . Equipment :x . . ,. .. •i ' -,, f.. 1169i.i .1 6 i 1 r - •i. 1 - ,_ i I�r � `� •). I 7, lillillt . . 'r. r awz..,....6 ITO 17 Sr•I -. ..,.-N ' . ' -..' A ' 6••.-,f. ..•1 r { • ; ;A :; L ; �. . ti: r • y F: J tiz•s.-1' rf Dump Raka r' - I y1 Z t - .1� 7 ,y tip `` 'V '� i I _ • • • ' ti}+{G*{i �� ' _. 1� {�, ~, _ _ • •1. .a _ +{ . - - - - 51 • r 4r 1 I . rrrrr • , . . • • 5• '' • • anal PImM it -.•' . r', --------.. r �I..r'. --- • -. . 'tE' •'` • • - . • . . _ _. .. . . , • • � .• :1 , F J..... , ' Ilk - f ' le 4,�` ' 1 4011.4 *zit.. '11,..:4.. . ,fir _ -9,„ ,__.-: r .r 4;14' -%..: 1;:.'.. • • - • %. .- I IIIII:i. %illik''"--rr- ' •n ' ; .r.',, . , If , p— 1 1 -,T'-•. - 'fir+ti y+ 4 • yr- :., -- f.. ,. '�"s + ' • R} y� .'1 I 14x Grinder { CITY COUNCIL AGENDA DATE: SECTION: Proclamations and Presentations July 16, 2019 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Jay Lotthammer, Director, Donations for July 3rd and 4th Hometown IV.D. Parks and Recreation Celebration Requested Action Move to: Adopt Resolution accepting the donation of$3,400 from various donors to go towards the July 3rd and 4th Hometown Celebration. Synopsis A few Eden Prairie businesses donated towards the July 3rd and 4th Celebration: $1,000 J.A. Price Agency, Inc. $1,000 OSR Physical Therapy $500 Southwest Metro Pickleball Club $400 Brookdale Senior Living $200 Wall Trends $200 Kowalski's Market $100 Elim Shores Previously recognized was: $200 Lions Tap 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$3,400 to be used towards the Hometown Celebration on July 3 and 4 from the J.A. Price Agency, Inc. ($1,000), OSR Physical Therapy ($1,000), Southwest Metro Pickleball Club($500),Brookdale Senior Living($400),Wall Trends($200), Kowalksi's Market ($200) and Elim Shores ($100) is hereby recognized and accepted by the Eden Prairie City Council. ADOPTED by the City Council of the City of Eden Prairie this 16th day of July, 2019. Ronald A. Case, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Proclamations and Presentations July 16, 2019 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Jay Lotthammer, Director, Donation for Movies in the Park IV.E. Parks and Recreation Requested Action Move to: Adopt Resolution accepting the donation of$500 from DreamWorks to go towards the Movies in the Parks. Synopsis Each summer, Parks and Recreation offers a series of three free movies at the Staring Lake Amphitheatre. Selections are made so that the series has offerings for both families with young children and older teens and adults. Movies are preceded by live entertainment on stage. 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$500 to be used towards the Movies in the Park from DreamWorks is hereby recognized and accepted by the Eden Prairie City Council. ADOPTED by the City Council of the City of Eden Prairie this 16th day of July, 2019. Ronald A. Case, Mayor ATTEST: Kathleen Porta, City Clerk ITEM NO.VI.A. UNAPPROVED MINUTES CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY,JUNE 18, 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, Fire Chief Scott Gerber, 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 Maggie Neuville, and Recorder Katie O'Connor Workshop-Heritage Rooms I and II(5:30) I. ECONOMIC DEVELOPMENT UPDATE Economic Development Manager Lindahl provided an economic update on the Strategic Plan, City leases, infrastructure projects, high profile building vacancies, Southwest Light Rail Transit(SWLRT)business communications, workforce initiatives, and special economic development events. The current Strategic Plan was approved for 2017 to 2020 and addresses key projects and initiatives. The recent Strategic Plan included incorporating a distillery and brewery in Eden Prairie. In order to move forward with this, liquor ordinance revisions took place in 2016 and 2017. Flying Dutchman Distillery received a Moving the Market grant from Hennepin County to help offset some of the startup costs. Fat Pants Brewery will be opening in the former Panino Brothers building in fall of 2019. Lindahl stated co-work and collaborative office space has been a priority in the Strategic Plan. It has proved difficult to attract developers for this purpose, specifically in the suburbs. The City issued a request for proposal (RFP) for a vertically integrated use on a MnDOT property, and there was no market interest for the concept at the specific location. Council Member Aho inquired if Staff are aware of why there was no interest. Lindahl replied many felt it was too far from the active areas of Eden Prairie. Council Member Narayanan inquired how large the MnDOT property is. Lindahl replied about four acres. Lindahl stated the type of co-work concept that could be successful in Eden Prairie is half private offices and half shared open space, similar to The Reserve in Edina. Mayor Case inquired about a similar co-work location in Hopkins off Main Street and if there are known municipal partnerships with co-work locations. Lindahl was not familiar with the Hopkins location or municipalities who financially partner with these locations. Lindahl stated the first Transit Oriented Development(TOD) and vertically integrated Mixed Use redevelopment was Elevate. Elevate's anchor tenant is Brick and Bourbon, opening at the end of 2019. Another TOD project is the Hampton Inn in the town center area. The City Council Workshop Minutes June 18, 2019 Page 2 project has proved challenging because of watershed related issues. The initial approved project was too expensive to build, so plans were altered. With the six stories, there will be move visibility than the previous uses. Lindahl stated there are two potential TOD and Mixed Use Redevelopment sites near the golden triangle station area. The previous Supervalu site and West 70th Street extension would likely be redeveloped with SWLRT. Liberty Property would like to sell their properties together. Staff have been fielding calls about these properties already. Nelson inquired if this would be an ideal location for a tall apartment or condo complex. Jeremiah noted the TOD zoning requirements allow for this. Lindahl stated currently there are many office buildings in the location, but one project could lead the redevelopment of the area. Lindahl stated there is potential for redevelopment in the town center station area. This is dependent on whether or not current businesses decide to stay. In regards to Eden Prairie Mall, in 2016 mall owners purchased Sears and began redevelopment. Initial conversations were had about housing and a hotel off the perimeter. Ideally these uses would be physically attached to the mall. Scheels reached out to Eden Prairie Mall to show their interest in the site and began developing. Nelson noted hotels next to and physically attached to malls are doing well. Narayanan inquired how many staff Scheels is projected to employ. Klima responded about 150 full time and 150 part time employees. Lindahl added the location is set to open in the fall of 2020. Lindahl stated with malls being affected by online retail, there is a need to diversify their uses with housing and entertainment. Ridgedale has incorporated I-Fly as entertainment and is looking at creating a small City park. Aho inquired if Eden Prairie Mall owns the JCPenney location. Lindahl noted JCPenney leases the space. Nelson added there may need to be some updates to restaurants as well in the future. Lindahl stated initial conversations with the owners of Winter Park discussed a full-service hotel. The owners considered housing options, and the housing development initially proposed was low density, mid-rise apartments. They decided to temporarily lease the space for three years to Lifetime Fitness. Long term there is still potential for a hotel or housing development, and discussions will likely continue in the next year or two. Nelson added the Council would have more interest in something larger on this site. Lindahl stated the City is in discussions with the SWLRT project office about deeding their property at the Eden Prairie convenience center site at Eden Road. The site, near SWLRT, could possibly include entry signage, a public plaza, and trail enhancements. Jeremiah added it is still uncertain how much property the City could acquire. Therefore, it is still uncertain what the exact use would be for the location. Lindahl provided leasing updates for City-owned buildings. At the Den Road liquor building, Chuck and Don's signed a ten year lease and recently opened. Lotus Nails, also at the Den Road liquor building, has a ten year lease through June 2024. The Eden Prairie Montessori School has a five year lease through June 2022. This property, acquired during the 2008 expansion of Singletree, has potential to be assembled for a larger redevelopment in the future. Supervalu, now UNFI, has leased a portion of the City Center building through June 2022. Staff, along with Mayor Case and Council Member Aho, will be meeting with their City Council Workshop Minutes June 18, 2019 Page 3 CEO tomorrow. The Eden Prairie School District's lease at the City Center is through May 2024, but they are likely to move out prior to the end of their lease. Legally they are obligated to pay rent through the remainder of their lease, but a seamless transition with another tenant could be considered. Smith Coffee and Café is leased through December 2027 at the Historic Smith Douglas More Home. Nelson inquired if they are now making a profit. Lindahl replied they have been doing well in their space and have been considering expanding their kitchen in the future. They have found a solution to make improvements to cold storage and to expand their business. Case stated if the City could pay the initial costs of the kitchen expansion, the difference could be recouped through their lease. Aho noted they could utilize cold storage outside the building and screen it. Lindahl added screening would prove difficult with the architecture of the building. Lindahl provided an overview of economic development assisted infrastructure projects. Singletree streetscape has been a collaborative effort with public works. This has included proactive property and business owner outreach and communication. Freiberg inquired about the outcome of Jake's City Grille. Lindahl stated if there isn't a liquor license submitted in the upcoming months, the City will likely see a different business occupy the space. Lindahl stated the City received a grant from Hennepin County to help with the West 70th Street extension connecting the golden triangle SWLRT location. The project included trails and a bike path. The City also received a Hennepin County TOD grant to make a pedestrian connection from Singletree to the Town Center Station. The exact path is still being determined, but the project is anticipated to be completed by 2021. Narayanan inquired if the tall antennae on the water tower near the Bowlero location is new. Ellis responded there is a railing on top of the water tower with four poles but no antennae. Lindahl provided an update on high profile vacancies. A proposal has been submitted for building changes to subdivide the former Sports Authority space. There is a potential new tenant to fill one of the two retail spaces. The two Burger King locations were part of a nine- store franchise bankruptcy. The Burger King Corporation owns the properties and leases it to their franchisees. They have a potential franchise owner to take over the Eden Prairie properties, but they need to do a lot of renovations and landscaping in order to reopen. Due to lack of maintenance from the Burger King Corporation, the City has been maintaining the grass and assessing the property. There is no firm date on the reopen. Lindahl stated there have been many meetings with Redstone about the changes with SWLRT construction. Redstone is losing an access point and potentially losing 12 to 20 parking spots. The City anticipates opening up on-street parking off Eden Road, and there is potential for parking at the Eden Prairie convenience center site and valet parking. Freiberg stated it isn't too far of a walk across the street for parking. Nelson noted lack of close parking could inconvenience customers enough to go elsewhere. Lindahl stated there have been numerous meetings with Southwest Station retail owners, Southwest Transit staff, and Evine Live about SWLRT construction and how to best accommodate the businesses. The City has also been involved in workforce initiatives. The Eden Prairie Chambers, in collaboration with the City and Eden Prairie School District, hosts an Annual Career Expo at Eden Prairie High School. The City is also involved in the Career and Technical Education (CTE)Advisory Committee and District Business Round Table. City Council Workshop Minutes June 18, 2019 Page 4 Additionally, the City hosts special events such as the Realtor's Forum, the Business Survey Presentation and Reception, and meet and greets with local businesses. Case noted in May he attended the Kauffman Mayors Conference on Entrepreneurship. The Mayors each selected a focus for entrepreneurship. He selected addressing how to apply for federal grants and to work with the Economic Development Administration(EDA) to benefit entrepreneurship. He would like to see the City build its economic system environment so it is conducive to entrepreneurship startups. He suggested a needs assessment could be conducted by the City and Eden Prairie Chambers for entrepreneurs currently in the City and those who would like to be. Once the need has been determined, various stakeholders could review the problem and suggest solutions. The vacancy the School District would leave at the City Center could provide an opportunity for an economic development center. Open Podium - Council Chamber(6:30) II. OPEN PODIUM Steve Stuckel, 8908 Flesher Circle, stated the Community Drop-Off Day was a bad experience. He spent a lot of time in long lines just to be turned away by 2 p.m. His suggestions would be to consider solutions such as multiple days, longer hours, a larger site, or more staff for the event. Case stated Staff are reviewing options to make the experience better. Getschow added last year and this year the amount of materials dropped off has increased, but Staff are reviewing solutions. III. ADJOURNMENT ITEM NO. VI.B. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,JUNE 18, 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, City Planner Julie Klima, Parks and Recreation Director Jay Lotthammer, City Attorney Maggie Neuville, and Council Recorder Jan Curielli I. CALL THE MEETING TO ORDER Mayor Case called the meeting to order at 7:00 PM. All Council Members were present. II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS A. PROCLAMATION DEDICATING COMMUNITY CENTER AQUATICS CENTER IN NAME OF FORMER MAYOR NANCY TYRA-LUKENS Mayor Case read a proclamation proclaiming the Community Center Aquatics Center to be dedicated in the name of former Mayor Nancy Tyra-Lukens. He presented the proclamation to Mayor Tyra-Lukens. Mayor Tyra-Lukens thanked the City Council for the dedication and commented on why the Aquatics Center was so important to her. B. HERITAGE PRESERVATION AWARD Steve Olson, Chair of the Heritage Preservation Commission(HPC), reviewed the criteria for awarding the Heritage Preservation Award and noted this is the 5th year the award has been given. He reported the recipient of the 2019 Heritage Preservation Award is Kathie Case in recognition of her tireless volunteer work for heritage preservation, the Eden Prairie museum, interpretative panels at the City's historic sites and many other contributions to preserving Eden Prairie's history. Mayor Case presented the award to Ms Case. Ms Case thanked the HPC, the Historical Society and the City Council for the award. CITY COUNCIL MINUTES June 18, 2019 Page 2 C. CITY GOVERNMENT ACADEMY GRADUATION Getschow reported 23 Eden Prairie residents spent almost 20 hours each over six Wednesday evenings to learn about Eden Prairie's City government. He noted this is the second annual class graduating from the City Government Academy. He thanked Southwest Transit for donating a bus to give the class members rides as they toured parts of the City. He thanked Katie O'Connor for her hard work in planning and organizing the class and attending all of the Wednesday evening sessions. The Council Members presented certificates and Eden Prairie pins to the following academy graduates: Michael Boyd; Dean Cowdery; Patricia Dunn; Mustafa Ergun; Connie Hauswirth; Vamshi Jonnalagadda; Irene Keegan; Cheryl Kessler; Shawn Lewis; Rose Tuiyott-Lewis; Debra Lind; Michelle McGrath; Jerry McKenzie; Bruce Schaepe; Jessica Troy; and Robert Zwiefelhofer. The following individuals have completed the academy but were unable to attend the meeting: Carlos Berger; Swati Kumar; Andrew McGlasson; Aaron Rask; Kim Witthuhn; Gary Rodekuhr; and Laura Rodekuhr. D. MISS MINNESOTA PROCLAMATION Case said Eden Prairie has hosted the Miss Minnesota Pageant since 2007. He read a proclamation proclaiming the week of June 16-22, 2019, as Miss Minnesota Week. He noted City representatives were involved in the opening ceremony and will attend the closing ceremony to be held this Saturday, June 22, at Eden Prairie Center. E. TOUR DE TONKA Jenny Bodurka, Coordinator with Minnetonka Community Education, gave a PowerPoint presentation about the 2019 Tour De Tonka event to be held on August 3. She reviewed the routes available for the participants and noted Riley Lake Park is one of the rest stops on the event routes. Last year 235 of the event participants were from Eden Prairie. She thanked the Eden Prairie Police and Fire Departments for their help with the event. Narayanan asked which city had the most participants in the event. Ms Bodurka replied Minnetonka had the most. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Case added Items XIV.A.1, 2. and 3. MOTION: Aho moved, seconded by Nelson, to approve the agenda as amended. Motion carried 5-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, MAY 21, 2019 CITY COUNCIL MINUTES June 18, 2019 Page 3 B. CITY COUNCIL MEETING HELD TUESDAY, MAY 21, 2019 MOTION: Nelson moved, seconded by Narayanan, to approve the minutes of the City Council workshop held Tuesday, May 21, 2019, and the minutes of the City Council meetings held Tuesday, May 21, 2019, as published. Motion carried 5-0. VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. ADOPT RESOLUTION NO. 2019-65 APPROVING FINAL PLAT OF EDEN BLUFF HIGHLANDS 5TH ADDITION C. ADOPT RESOLUTION NO. 2019-66 APPROVING PARTICIPATION IN THE PERFORMANCE MEASURE PROGRAM ESTABLISHED BY COUNCIL ON LOCAL RESULTS AND INNOVATION D. ADOPT RESOLUTION NO. 2019-67 DECLARING CITY'S INTENT TO REIMBURSE ITSELF FOR PRIOR EXPENDITURES FROM PROCEEDS OF A SUBSEQUENTLY ISSUED SERIES OF BONDS E. AWARD CONTRACT TO MCPHILLIPS BROS ROOFING CO. FOR COMMUNITY CENTER RINK#2 LOCKER ROOM ROOF REPLACEMENT F. AWARD CONTRACT TO LOGIS TO REPLACE POLICE CORE AT CITY HALL G. APPROVE CONTRACT RENEWAL WITH ULTIMATE SOFTWARE GROUP, INC. FOR HUMAN RESOURCES, RECRUITMENT AND ONBOARDING, AND PAYROLL SERVICES H. APPROVE AGREEMENT WITH AE2S FOR CONSTRUCTION ENGINEERING SERVICES FOR GROUND STORAGE RESERVOIR AND PUMP STATION I. ADOPT RESOLUTION 2019-68 APPROVING SETTLEMENT AGREEMENT WITH OWNERS OF PARCEL 36 FOR PURCHASE OF EASEMENT AND RIGHT-OF-WAY J. AWARD CONTRACT TO XL HYBRIDS TO CONVERT TWO NEW 2019 FORD F-250 PICKUP TRUCKS TO PLUG-IN ELECTRIC HYBRID DRIVETRAINS CITY COUNCIL MINUTES June 18, 2019 Page 4 K. AWARD CONTRACT TO G.L. CONTRACTING,INC. FOR SPRING ROAD PEDESTRIAN CROSSING L. APPROVE SUBMITTAL OF ANNUAL REPORT TO MPCA FOR PHASE II NPDES STORM WATER PERMIT PROGRAM M. AWARD CONTRACT TO PARROTT CONTRACTING INC. FOR HOMESTEAD CIRCLE STORM SEWER PROJECT MOTION: Narayanan moved, seconded by Freiberg, to approve Items A-M on the Consent Calendar. Motion carried 5-0. IX. PUBLIC HEARINGS/MEETINGS A. CASTLE RIDGE by Senior Housing Partners. Resolution 2019-69 for PUD concept review on 19.75 acres; first reading of an ordinance for PUD district review with waivers; Zoning District review on 19.75 acres and Zoning District change from C- COM to RM-2.5 on 1.33 acres and from RM-2.5 to C-COM on 1.3 acres; Resolution 2019-73 for preliminary plat of 4 lots into 1 lot and 3 outlots on 19.7 acres. (Ordinance for Zoning District Change; Resolution No. 2019-69 for PUD Concept; Resolution No. 2019-73 for Preliminary Plat) Getschow said the applicants are proposing to redevelop the Broadmoor Apartments and Castle Ridge Care Center sites. The property is approximately 19.75 acres in size and is located at the northwest corner of Flying Cloud Drive and Prairie Center Drive. The property is zoned a combination of Community Commercial (C-Com) and RM-2.5. He noted the site received City approvals for a master planned redevelopment project in 2008 that included senior housing, all age housing and commercial development. Due to a variety of factors, the only part of that project completed was the CVS Drugstore on Columbine Road. The updated design being brought forth tonight is similar to the previous project. Presbyterian Homes will be coordinating the development on the site in addition to developing the senior housing portion. The proponent is requesting to move forward immediately with the senior housing portion of the project. John Fletcher, Presbyterian Homes and Services, gave a PowerPoint presentation about Presbyterian Home and Services and the redevelopment project plans. He said the master-planned community will have third party partners and will include a 274-unit senior living facility, apartments, and commercial space on the 19.75-acre site. He reviewed the site plans for the project and explained it will be a three phase project: Phase 1 will include site preparation and construction of the senior housing; Phase 2 will be construction of the multifamily housing; and Phase 3 will include demolishing the Castle Ridge Care Center and preparation and construction of the commercial area. He reviewed the comments and recommendations given by the Planning Commission in their review of the project, many of which were incorporated into the plans. He noted 5% of the senior housing units will be affordable at 30% of the area median income (AMI). He stated they took exception to the staff recommendation regarding the 3/4-turn CITY COUNCIL MINUTES June 18, 2019 Page 5 intersection and the Outlot C recommendation. Neuville said she had a discussion with Presbyterian Homes' attorney in response to the concerns expressed by the Planning Commission, and she believes there are some potential solutions that could be worked out in the development agreement. Bjorn Strommen, representing Timberland Partners, said the multifamily apartment project will be a 246-unit apartment complex with one seven-story building and one five-story building. He said they will return later this summer with the details of their proposal. Evan Jacobson, Tushie Montgomery Architects, gave a PowerPoint overview of the project design for the multifamily apartment portion of the project. He noted they have received comments regarding the quantity and quality of parking available for the apartments. He said there is an area of wetland on the west side of the site on which they cannot build. He reviewed the changes made based on comments from the Planning Commission and others which included 30%more surface parking, moving the visitor parking and providing more green space. He reviewed the elevations for the two- building housing units and noted they tried to match some of the look of the senior housing project. Case asked staff how different the plan could be after the City Council approves the concept. Getschow replied the approval tonight is for concept approval and allows the proponent to put together the detailed plans to fit the Council's recommendations. Narayanan stated Presbyterian Homes is a customer of his; therefore, he will recuse himself from the discussion and vote on this project. Drew Johnson, representing Oppidan Investment Company, said they will return in 90 days with a full submittal of their plans for the commercial and retail phase. They have multiple pieces of the puzzle to fit together. They want to create a strategy for the commercial development because this is a great regional trade area around the Eden Prairie Mall. They plan to have a plaza centrally located and will have strong program management after the project is completed. They want to have safe and interesting connections within the site as well as to the surrounding trails and sidewalks. He gave a PowerPoint presentation of the project and noted of the ten points included in the resolution tonight there are four points that are problematic for them. One of the points includes a requirement to limit the number of drive-throughs to two and to locate those on the northern portion of the project area. That requirement would be in conflict with some of the other design points for the project. They would like not to be limited in the location and number of drive-throughs. They would prefer to use strategies to slow down traffic rather than having continuous pedestrian connections throughout the area. The suggestion that a medical office be included in the mix of uses would require a huge parking lot and a very large building in the center of the property. They were also concerned about the recommendations regarding traffic circulation and delivery areas to allow for direct and intuitive routes to facilitate movement and safety. They would need CITY COUNCIL MINUTES June 18, 2019 Page 6 connections on the rear of the commercial building for service and employee entrances, rather than providing access from the front of the building. Case asked what kind of feedback is expected from the Council tonight. Getschow replied the ten comments Mr. Johnson referred to came out of the Planning Commission meeting and staff recommendations. Some of those are general concepts that would have more granular answers in the future. He believed Mr. Johnson is concerned about the northern portion of the project and the drive-throughs because market demand may produce a demand for more drive-throughs. He noted there can be different types of drive-throughs. He explained comments regarding a mix of uses were made because this is a town center area, and there will be many new people moving in. He thought there could be flexibility on the types and locations of drive-throughs. Neuville explained the PUD concept and action taken by the Council tonight is not binding to either the Council or the developer for a future proposal. This is a presentation of feasibility and planning to move through to a further stage. There is a lot of flexibility in the actions to be taken tonight. Case thought this kind of granular decision making usually gets vetted out by staff, and he didn't have a sense on the number and location of the drive-throughs. He trusted staff to be able to figure that out. He believed this discussion is a little bit atypical. Nelson commented we have learned that senior living spaces need to have some connection to the rest of the community, which means there must be more pedestrian access in this project for the senior building. She did not believe there should be any drive-throughs coming in off Prairie Center Drive or Flying Cloud Drive because that is a very busy corner. Mr. Johnson said they agree with that. Nelson noted we are requesting things that will make this project unique and special, a place where people want to come and spend money. She believed thinking out of the box is important to make this site come up to its potential. Aho said it is difficult for us to recommend two versus three drive-throughs. We need to see what the overall plan is. We rely on staff to make good recommendations and work with the developers to come up with a good plan. Staff will work with the developers, and the Council will evaluate the plan on the merits of the design. He did not think it was appropriate for the Council to come in at this point with specific recommendations on things such as the number of drive-throughs. Getschow said staff expected to get feedback on what was presented this evening without having a detailed proposal. Freiberg commented this is a very exciting project. He concurred with Council Member Nelson that this project provides an opportunity to get back the feeling of a downtown area. He thought City staff and the developers can work things out. CITY COUNCIL MINUTES June 18, 2019 Page 7 Case asked Mr. Getschow to review what the Council is being asked to approve. Getschow replied the first action after the public hearing is to adopt a resolution for PUD concept review on the 19.75 acres. The next items to be approved are related specifically to the Presbyterian Homes senior living building. Greg Brenny, representing Sun Life Assurance of Canada, said his company is the owner of the Fountain Place shopping center. His company is generally supportive of this project, but they do have some concerns. One of their concerns is their need to have continued access to Prairie Center Drive and Columbine Road. The proposal to vacate Castlemoor Drive means public access to that street will be lost to them. They need to have continued truck access on Columbine in the southerly part of the development. In addition, they want assurances no costs will be assessed to them by this development, and they do not want any physical changes to their property to be made. Case asked staff if there will be anything out of the ordinary that might affect the Fountain Place shopping center. Ellis replied there will be no assessments to the Fountain Place property. Access to Castlemoor is through an outlot, and that will be discussed as part of the development agreement. They would still have access to Columbine Road and Prairie Center Drive. He did not see any changes necessary to the Fountain Place property as part of this development nor would there be issues with truck deliveries. Mr. Brenny asked if Castlemoor Drive could be kept as a public road. Ellis replied the nature of Castlemoor is to dead end, and maintaining it as a public road would require more right-of-way for a cul-de-sac or a round-about. Castlemoor Drive will be a privately maintained road with cross access. Mr. Brenny stated his company is opposed to making Castlemoor a private access road. MOTION: Aho moved, seconded by Freiberg, to close the public hearing; to adopt Resolution No. 2019-69 for a Planned Unit Development concept review on 19.75 acres; to approve 1st reading of the ordinance for Planned Unit Development district review with waivers on 19.75 acres and a Zoning District change from C-Com to RM-2.5 on 1.33 acres and RM-2.5 to C-Com on .13 acres; to adopt Resolution No. 2019-73 for preliminary plat of 4 lots into 1 lot and 3 outlots on 19.75 acres; and to direct staff to prepare a development agreement incorporating staff and commission recommendations and Council conditions. Nelson noted the original plans for the project included an ambulance bay and asked if these plans include one. Mr. Fletcher replied it does not. Nelson asked staff if we will have a second ambulance bay somewhere else. Klima replied an ambulance bay has not been part of this discussion because of the reduced nature and change to the size of this plan. She noted staff can continue to look for a suitable location for the second ambulance bay. Nelson expressed her concern because we have been waiting a long time for a second one. Nelson asked what size the apartments for independent living will be. Mr. Fletcher CITY COUNCIL MINUTES June 18, 2019 Page 8 replied they will be 800-1800 square feet. Nelson then asked what kind of benches are around the project and if someone would be able to walk all around the development on a trail or sidewalk. Mr. Fletcher responded there is a continuous loop around the senior parcel with benches scattered around the site. Nelson asked if they will be able to add more charging stations in the future and if the doors in the project are 36 inches wide throughout the project. Mr. Fletcher relied there will be 36 inch doors throughout most the project, and they will be able to add more charging stations if necessary. Case asked if the cash park fees of$1,500,000 would be included. He noted we have begun to look at having some subsidies for affordable housing, but there may be better ways to get 19 affordable units other than forgoing cash park fees. He was concerned our cash park fund is getting somewhat depleted, and$1,500,000 is a lot of money. He was comfortable keeping the cash park fees and having 5% affordable units because our Housing Task Force is working on additional ways to get more affordable units in the City. Aho thought we will see continued demand for resources from our park system given the amount of senior housing being developed in the City. Our park system will have to change and develop to accommodate those residents. He thought the $1,500,000 in cash park fees will be necessary, and he would like to see that stay in the proposal. Getschow said the Task Force discussion has seen many different projects with affordable components. Staff would like to see more than the 5% affordable units,but they do want the cash park fees. Mr. Fletcher said the entire site will generate about $3,000,000 in cash park fees. There will be an impact from the project's 322 units with higher utilization of the park system. Nelson said she assumed there will be additional discussion of affordable units when the apartment project comes back. Getschow replied that will be part of their presentation. Freiberg thought the sooner we can get something like this to the Task Force, the better, because we need their help in dealing with affordable housing options. VOTE ON THE MOTION: Motion carried 4-0-1, with Narayanan abstaining. B. FOUNTAIN PLACE by Cushman&Wakefield. First reading of an ordinance for PUD District amendment on 12.43 acres (Ordinance for Zoning District Amendment) Getschow said this application is a proposal for exterior façade improvements to the building and site improvements to the parking lot and landscaping on the site. The proposed improvements are compliant with City Code, and no waivers are being requested with this application. The proposed project meets the criteria as a minor amendment. City Code allows minor amendments to be considered by the City Council only, without referral by the Planning Commission. Bill Wittrock, RSP Architects, gave a PowerPoint presentation about the façade improvements planned for the Fountain Place property. He noted he was the original CITY COUNCIL MINUTES June 18, 2019 Page 9 design architect for Fountain Place in 2003. It was a very intense project and was intentionally designed to have smaller parking spaces, more landscaping and sidewalk connections. He stated the vacant space on the property needs to be subdivided to accommodate future tenants. He reviewed the plans for the subdivision of the property and the exterior improvements. He noted the materials used will meet City requirements, and commented this provides an opportunity to connect the sidewalk around the storefront and the small restaurant building to the adjoining trail system They plan to add landscape islands to divide up the parking lanes. Nelson commented she liked the way the new storefront looks and asked if the project will impact the fountain at all. Mr. Wittrock replied it will not. There were no comments from the audience. MOTION: Narayanan moved, seconded by Nelson, to close the public hearing; to approve the first reading of Planned Unit Development district review on 12.43 acres; and to direct staff to prepare a development agreement incorporating staff recommendations and Council conditions. Motion carried 5-0. C. CITY YARD WASTE DROP OFF SITE by City of Eden Prairie. Resolution 2019- 70 for Site Plan Review on 13.84 acres (Resolution No. 2019-70) Getschow noted a City yard waste drop off site has been in discussion at Council meetings for quite some time. Ellis gave a PowerPoint presentation reviewing the details for the proposed site which is located at the City's Maintenance and Outdoor Storage facility across Flying Cloud Drive from the airport. The closest residence is about 3/5 mile away from the site, and much of the site will be sheltered by the large berm between the site and the residential area. The site will accept materials such as leaves, wood chips and branches but will not accept grass clippings. The drop off site will operate from the end of April through the end of November and will be open to Eden Prairie residents and businesses,but not to commercial haulers. Access to the site will be on the northern end of the property across from Elliott Aviation. Funding for the site was included in the 2018 CIP. The design was begun in 2018, and construction will begin in July, 2019, with an estimated completion in November, 2019. Aho asked if the materials dropped off would be left on the site or moved somewhere else. Ellis replied staff would contact with a hauler to do that. There is a budget of about $60,000 for the operation of the site. Aho noted we would also need a staff member to stay there, and asked if we would grind up some of the material into wood chips that residents could haul away. Ellis replied we could look into that possibility. Aho then asked if there would be a cost for residents to drop off yard waste. Ellis replied they anticipate no charge for the service. He noted the facility would also provide an opportunity for a recycling drop-off location that might alleviate the traffic at the once-a-year Clean Up Day event. CITY COUNCIL MINUTES June 18, 2019 Page 10 Narayanan asked if there would be any size limits for the materials dropped off or a charge for materials such as wood chips. Ellis replied they weren't thinking about a charge for hauling of wood chips. There are a lot of things to learn along the way. The City of Plymouth has a similar facility that has been quite successful, and they felt it was a relatively simple service. Aho noted the size would be limited somewhat by the size of the resident's vehicle. Ellis replied there will be some judgment decisions to be made regarding policy, and they will deal with cases that try to abuse the system. Nelson said in the past we have had occasions after a storm with strong winds where people wanted a site like this and we could not provide the service. She was pleased we will now have such a site. There were no comments from the audience. MOTION: Aho moved, seconded by Narayanan, to close the public hearing and to adopt Resolution No. 2019-70 for a Site Plan Review on 13.84 acres. Motion carried 5-0. D. CODE AMENDMENT FOR SOLAR by City of Eden Prairie. First reading of an ordinance to amend City Code Chapter 11 relating to solar systems as a permitted accessory use (Ordinance) Getschow said staff is applying for a SolSmart Designation for the City as a part of Sustainable Eden Prairie. One of the criteria for achieving a designation is to consider zoning code revisions to address and allow for solar energy systems. The City Code does not distinctly address solar energy systems; however, it is the City's practice to regulate solar energy systems as accessory uses with the approval of a building permit. The proposed amendment to Chapter 11 is intended to provide clarity that solar energy systems are allowed uses and to provide language supporting the current process to obtain a permit. We want to be very clear in our zoning code that we support and allow solar systems in residential and business districts. Nelson noted in the past she had asked staff to look into making a statement that solar was allowed everywhere in the City. Various neighborhood groups have tried to limit what could be done, so she was glad we are making this positive statement. Freiberg asked about the effect of homeowner's association covenants regarding such structures. Case asked if City code would preempt an association's rules. Klima responded in the past when there has been a conflict between zoning code and homeowners' association covenants, the homeowners' association does preempt the City regulation. Narayanan asked if a solar farm could be put any place on a house. Klima replied we would not allow a solar farm because that is a stand-alone use. It could be installed as CITY COUNCIL MINUTES June 18, 2019 Page 11 a roof structure or as a free-standing structure following the height and set-back restrictions for the property. There were no comments from the audience. MOTION: Freiberg moved, seconded by Nelson, to close the public hearing and to approve the first reading of the ordinance to amend City Code Chapter 11 relating to solar energy systems. Motion carried 5-0. E. VACATION OF BEVERLY RIDGE DRAINAGE AND UTILITY EASEMENTS (Resolution No. 2019-71) Getschow said the property owners and the developer of the lot at 16540 Beverly Drive have requested the vacation of all the drainage and utility easements to facilitate the plat of Beverly Ridge for new home construction. There were no comments from the audience. MOTION: Narayanan moved, seconded by Freiberg to close the public hearing and to adopt Resolution No. 2019-71 vacating drainage and utility easements. Motion carried 5-0. X. PAYMENT OF CLAIMS MOTION: Freiberg moved, seconded by Nelson, 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 A. STUDENTS ON COMMISSIONS Getschow said 23 students applied to serve on City commissions this year, and we were able to place all of them on a commission. He reported there will be an orientation for the students in August, and they will join the commissions in September. MOTION: Narayanan moved to appoint to the Conservation Commission—Abhiram Nallamalli, Kiersten Orning, Mina Kim,Nile Timmerman, and Rohin Gurumurthy; Aho moved to appoint to the Flying Cloud Airport Advisory Commission—Amogh Kalyanam, Evelyn Hemler, Spencer Ellis, and Troy Johnson; Case moved to appoint to the Heritage Preservation Commission—Aditya Nandhiyar, Ellyse Ferlauto, Lilly Hyland, and Maia Chavez; Nelson moved to appoint to the Human Rights and CITY COUNCIL MINUTES June 18, 2019 Page 12 Diversity Commission—Caprice Steidle,Najma Ali,Nicole Mayer, Stavan Bhakta, and Winifred Halm De-Souza; and Freiberg moved to appoint to the Parks, Recreation, and Natural Resources Commission—Riley Marble, Shay Ginuga, Simon Vergara, Tanay Salunke, and Zachary Spears. All seconded by Nelson. Motion carried 5-0. XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. Residents Concerns Regarding Yard Waste Site—Mayor Case Case said he wanted to make sure staff had made note of the concerns expressed by residents regarding the proposed yard waste site. 2. Abandoned and Poorly Maintained Houses—Mayor Case Case expressed concern about the number of abandoned houses and houses that are in need of a lot of maintenance around the City. He noted we have the ability to do something about those situations with our ordinances. He asked staff to come back with a report and an update on the worst houses. He believed such houses bring down the value of other homes in the neighborhood. 3. Landscaping at Staring Lake Amphitheater—Mayor Case Case commended staff for the great job during the recent event at the Staring Lake Amphitheater. While he was at the event, he and others noted the view of Staring Lake from the amphitheater seats has been blocked as trees have grown bigger. He asked if staff could perhaps cut down or trim some of the trees to improve the opportunities to view the lake. Lotthammer replied staff did trim some of the trees a few years ago. He thought we need to look for ash trees or other species that could be cut down so that we could open up the view shed for the amphitheater as well as for the new Staring Lake Park building. 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. Limited-Use Permit for Municipal Entry Monument Sign on Highway 5 East on Dell Road (Resolution No. 2019-72) CITY COUNCIL MINUTES June 18, 2019 Page 13 Ellis said the City must enter into a Limited Use Permit(LUP) for construction, operation, and maintenance of municipal entry monument signs in Minnesota State Right of Way(ROW). Adopting this resolution is the first step in developing this LUP document. This LUP resolution is for the proposed sign located in the highway ROW on the south side of Highway 5 and east of Dell Road. He gave a PowerPoint presentation about the City's entry monument signs with a map showing the locations of two existing signs,the location for the sign at Highway 5 and Dell Road, and the proposed locations for three future monument signs. Case noted 20 years ago the Council started talking about developing a sense of place and branding for Eden Prairie. He has a feeling of pride when he sees the lit- up sign on Hwy 494 at night. Aho said it was great to see this coming to fruition. There have been mostly positive comments about the signs. MOTION: Aho moved, seconded by Freiberg, to adopt Resolution No. 2019- 72 requesting a Limited Use Permit for the municipal entry monument sign on Highway 5 east of Dell Road. 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: Narayanan moved, seconded by Freiberg, to adjourn the meeting. Motion carried 5-0. Mayor Case adjourned the meeting at 9:37 p.m. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar July 16, 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: Wedding Reception Date: August 9, 2019 Place: Pax Christi Social Hall 12100 Pioneer Trail Organization: Eden Prairie Community Foundation Event: Prairie Brewfest(Beer& Wine Tasting) Date: September 7, 2019 Place: Purgatory Creek Park 13001 Technology Drive (Inclement weather location: SouthWest Station parking ramp, 13500 Technology Drive) Organization: City of Eden Prairie/EP Liquor Event: Wine &Beer Tasting Date: October 17, 2019 Place: Garden Room 8080 Mitchell Road Organization: City of Eden Prairie/EP Liquor Event: Wine &Beer Tasting Date: December 19, 2019 Place: Garden Room 8080 Mitchell Road Amendment to Liquor License 2AM Closing Permit- Renewal Licensee Name: American Multi-Cinema, Inc DBA: AMC Theatres Eden Prairie 18 8251 Flying Cloud Drive, #4000 - 1 - CITY COUNCIL AGENDA DATE: SECTION: Consent 7/16/19 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development/Planning Fountain Place Retail VIII.B. Janet Jeremiah/Julie Klima Requested Action Move to: • Adopt a Resolution for a Site Plan on 12.438 acres; • Approve the 2nd reading of the Ordinance for Planned Unit Development District Amendment on 12.43 acres; and • Approve the Development Agreement for Fountain Place Retail. Synopsis This is the final approval of the development agreement and plans for Fountain Place Retail. The property is located at 12595 Castlemoor Drive. Background On June 13, 2019, the City Council approved the 1st reading of the Ordinance for the PUD for Fountain Place Retail and directed staff to prepare a Development Agreement. The proposed project includes façade and parking lot improvements. The 120-Day review period expires on September 25, 2019. Attachments 1. Ordinance—PUD District Amendment 2. Ordinance Summary 3. Resolution—Site Plan 4. Development Agreement FOUNTAIN PLACE RETAIL CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 14-2019-PUD-8-2019 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA,AMENDING THE PUD OF CERTAIN LAND WITHIN THE COMMERCIAL REGIONAL SERVICE ZONING 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 property legally described in Exhibit A is included in PUD 11-2004- C-Reg-Ser approved by the City on July 20, 2004. Section 3. That action was duly initiated proposing that PUD 11-2004-C-Reg-Ser be amended by adoption of 14-2019-PUD-8-2019 C-REG-SER(hereinafter"PUD-8-2019-C-REG- SER"). Section 4. The City Council hereby makes the following findings: A. PUD-8-2019-C-REG-SER is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-8-2019-C-REG-SER 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-8-2019-C-REG-SER are justified by the design of the development described therein. D. PUD-8-2019-C-REG-SER is of sufficient size, composition, and arrangement that its construction, marketing, and operation is feasible as a complete unit without dependence upon any subsequent unit. Section 5. The land shall be subject to the terms and conditions of that certain First Amendment to Development Agreement between the City and Sun Life Assurance Company of Canada dated as of July 16, 2019 (the "First Amendment"). The First Amendment contains the terms and conditions of PUD-8-2019-C-REG-SER and are hereby made a part hereof. Section 6. The proposal is hereby adopted and the land within PUD 11-2004-C-Reg- Ser shall be, and hereby is amended and shall be included hereafter in the Planned Unit Development 8-2019-C-REG-SER. Section 7. 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 8. 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 18th day of June, 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 16th day of July, 2019. ATTEST: Kathleen Porta, City Clerk Ronald A. Case, Mayor PUBLISHED in the Eden Prairie News on , 2019. EXHIBIT A PUD Legal Description Lot 1, Block 1, Fountain Place FOUNTAIN PLACE RETAIL CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 14-2019-PUD-8-2019 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA,AMENDING THE ZONING OF CERTAIN LAND WITHIN ONE DISTRICT,AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99,WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance allows amendment of the zoning of land located at 12595 Castlemoor Drive within the C-REG-SER Zoning District. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen Porta, City Clerk Ronald A. Case, Mayor PUBLISHED in the Eden Prairie News on , 2019. (A full copy of the text of this Ordinance is available from City Clerk.) EXHIBIT A Lot 1, Block 1, Fountain Place, Hennepin County CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2019- A RESOLUTION GRANTING SITE PLAN APPROVAL FOR FOUNTAIN PLACE RETAIL BY CUSHMAN &WAKEFIELD WHEREAS, Cushman&Wakefield has applied for Site Plan approval of Fountain Place Retail to construct façade and parking lot improvements, by an Ordinance approved by the City Council on July 16, 2019; and WHEREAS, the City Council has reviewed said application at a public hearing at its June 18, 2019 meeting. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,that site plan approval is granted to Cushman& Wakefield based on the First Amendment to Development Agreement between Sun Life Assurance Company and the City of Eden Prairie, reviewed and approved by the City Council on July 16, 2019. ADOPTED by the City Council of the City of Eden Prairie this 16th day of July, 2019. Ronald A. Case, Mayor ATTEST: Kathleen Porta, City Clerk FOUNTAIN PLACE RETAIL FIRST AMENDMENT TO DEVELOPMENT AGREEMENT This First Amendment to Development Agreement ("First Amendment"), is made and entered into as of this 16th day of July, 2019, between Sun Life Assurance Company of Canada, a Canadian corporation, hereinafter referred to as "Developer," its successors and assigns, and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City"; RECITALS A. NAP Fountain Place,LLC,an Ohio limited liability company("Original Developer") and City are parties to that certain Development Agreement entered into on July 20,2004,filed with the Hennepin County Recorder's Office on August 26,2004 as Document No. 8425847 and with the Hennepin County Registrar of Titles August 30,2004 as Document No.4010172(the"Development Agreement"), in which Original Developer applied for, and the City approved, certain land use changes and approvals for the real property legally described in Exhibit A to that Development Agreement(the"Property"). B. Developer is the successor-in-interest to the Original Developer of the Property. C. Subsequent to development of the Property, the Developer applied to the City for Planned Unit Development Review on 12.43 acres for certain land use approvals to subdivide tenant space, create additional storefronts, and construct site improvements (the "Application") on that portion of the Property legally described on Exhibit A-1 to this First Amendment("Lot 1,Block 1"). The proposed improvements are as depicted in the plans listed on Exhibit B-1 to this First Amendment. D. In consideration of Ordinance PUD 8-2019-C-REG-SER the City Council conducted a public hearing and reviewed the plans at its meeting on June 18,2019. These plans affect,warrant, and require amendment of the Development Agreement as to Lot 1, Block 1. E. Capitalized terms not defined in this First Amendment shall have the meanings assigned to them in the Development Agreement. AGREEMENT NOW,THEREFORE,for good and valuable consideration,the receipt and legal sufficiency of which the parties acknowledge, Developer and City agree as follows: 1. Developer shall develop Lot 1, Block 1 in conformance with the materials with a prepared date of May 6, 2019 and stamp dated June 7, 2019, reviewed and approved by the City Council on July 16, 2019 and identified on Exhibit B-1 to this First Amendment, subject to 5 such changes and modifications as described herein. 2. Prior to the issuance of a building permit for Lot 1,Block 1,Developer shall comply with the following conditions of approval: A. Obtain and provide documentation of Watershed District approval. B. Provide an executed landscape agreement and final landscape plan for Lot 1, Block 1 including all landscape materials as depicted on the Exhibit B-1 Plans. Developer shall also submit to the City Planner and receive the City Planner's written approval of a security in the form of a cash escrow or letter of credit equal to 150% of the cost of said improvements including all proposed trees, shrubs, perennials, and grasses as depicted on the landscape and tree replacement plan included on the Exhibit B-1 Plans. 3. Developer shall pay upon demand to the City all costs incurred by the City in conjunction with the Application. These costs include internal City administrative, planning and, engineering costs and consulting costs, including but not limited to legal, engineering, planning and financial, in review, investigation, administering and processing the Application and implementation of the approvals granted by the City. 4. Except as amended hereby, all other terms and conditions of the Development Agreement remain in full force and effect. 5. Developer agrees to and reaffirms all of the terms and conditions and accepts the obligations of"Developer"under the Development Agreement,except as inconsistent with or amended by this First Amendment. 6. Within 10 days of the approval of this First Amendment, Developer shall record the First Amendment with the Hennepin County Recorder and Registrar of Titles. 5 IN WITNESS WHEREOF,the parties to this First Amendment to Development Agreement have caused these presents to be executed as of the day and year aforesaid. DEVELOPER: Sun Life Assurance Company of Canada a Canadian corporation BY: Its STATE OF ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of ,2019, by , the of Sun Life Assurance Company of Canada, a Canadian corporation, on behalf of the corporation. Notary Public 5 CITY: CITY OF EDEN PRAIRIE By Ronald A. Case Its Mayor By Rick Getschow Its City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2019, by Ronald A. Case and Rick Getschow,respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie, WI 55344 5 EXHIBIT A-1 FIRST AMENDMENT TO DEVELOPMENT AGREEMENT FOUNTAIN PLACE RETAIL LEGAL DESCRIPTION OF THE PROPERTY Lot 1, Block 1, Fountain Place, except that part of said lot embraced within the plat of Castle Ridge. Abstract property and Torrens property—Certificate of Title No. 1350459 5 EXHIBIT B-1 FIRST AMENDMENT TO DEVELOPMENT AGREEMENT FOUNTAIN PLACE RETAIL PLANS 1. Project Narrative stamp dated received June 7, 2019 by City of Eden Prairie Planning Dept. 2. Architectural Site Plan dated May 6, 2019 by RSP 3. Floor Plan dated May 6, 2019 by RSP 4. Building Elevation Views dated May 6, 2019 by RSP 5. Interim and Proposed Partial Elevations dated May 6, 2019 by RSP 6. West Elevation and North Partial Elevation dated May 6, 2019 by RSP 7. Existing Photos dated May 6. 2019 by RSP 8. Cover Sheet dated July 3, 2019 by Westwood 9. Existing Conditions dated July 3, 2019 by Westwood 10. Site Plan dated July 3, 2019 by Westwood 11. Grading and Utility Plan dated July 3, 2019 by Westwood 12. Landscape Plan dated July 3, 2019 by Westwood 6 CITY COUNCIL AGENDA DATE: SECTION: Consent 07/16/2019 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development/Planning Code Amendments in Chapter 11 relating VIII.C. Janet Jeremiah/Beth Novak-Krebs to Solar Energy Systems Requested Action Move to: • Approve the second reading of the Ordinance to Amend City Code Chapter 11 relating allowing solar energy systems as an accessory use in all zoning districts. • Adopt Resolution approving the Summary of Ordinance and Ordering the publication of said summary. Synopsis This is the second reading of the Ordinance to Amend City Code Chapter 11 relating to allowing solar energy systems as an accessory use in all zoning districts. Attachments 1. Ordinance 2. Resolution for Summary Ordinance CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2019 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 11, SECTIONS 11.02 AND 11.03 AND RELATING TO THE INSTALLATION OF SOLAR ENERGY SYSTEMS AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS: Section 1. City Code Chapter 11, Section 11.02 Definitions is hereby amended by inserting the following new definitions in alphabetic order in the section and renumbering definitions as appropriate: 1. "Active Solar Energy System" is a system whose primary purpose is to harvest energy by transforming solar energy into another form of energy, or transferring heat from a collector, to another medium using mechanical, electrical, or chemical means. 2. "Ground Mounted Solar Energy System" is a freestanding active solar energy system mounted directly to the ground using a rack or pole. 3. "Roof Mounted Solar System" is an active solar energy system located on the roof of a building, back side of a parapet wall, or stage loft. 4. "Wall Mounted Solar System" is an active solar energy system located on the wall of a building. Section 2. Section 11.03, Subd. 3, Special Requirements is amended by adding the following: O. Active Solar Energy Systems as Accessory Uses (a) Roof Mounted Systems and Wall Mounted Systems attached to a principal structure shall comply with all requirements relating to principal structures. (b) Ground Mounted Systems shall comply with all standards relating to accessory structures. Section 3. 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 4. 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 18th day of June, 2019, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 16th day of July, 2019. Kathleen Porta, City Clerk Ronald A. Case, Mayor Published in the Eden Prairie News on the day of , 2019. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2019- A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO. 2019 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. _-2019 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie held on the 16th day of July, 2019. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, THAT THE CITY COUNCIL FINDS, DETERMINES, AND ORDERS AS FOLLOWS: A. Ordinance No. _-2019 is lengthy and contains charts. B. The text of summary of Ordinance No. _-2019, attached hereto as Exhibit A, conforms to M.S. § 331A.01, Subd. 10, and is approved, and publication of the title and summary of the Ordinance will clearly inform the public of the intent and effect of the Ordinance. C. The title and summary shall be published once in the Eden Prairie News in a body type no smaller than brevier or eight-point type. D. A printed copy of the Ordinance shall be made available for inspection by any person, during regular office hours, at the office of the City Clerk, and a copy of the entire text of the Ordinance shall be posted in the City offices. E. Ordinance _-2019 shall be recorded in the Ordinance Book, along with proof of publication, within twenty(20) days after said publication. ADOPTED by the City Council on July 16, 2019. Ronald A. Case, Mayor ATTEST: Kathleen Porta, City Clerk EXHIBIT A CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE -2019 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE CHAPTER 11, SECTIONS 11.02 AND 11.03 RELATING TO SOLAR ENERGY SYSTEMS AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance amends City Code Chapter 11, Section 11.02 Definitions by inserting new definitions for Active Solar Energy System, Ground Mounted Solar System, Roof Mounted Solar System, and Wall Mounted System in alphabetic order in the section and renumbering definitions as appropriate. Section 11.03, Subd. 3, Special Requirements is amended to allow Active Solar Energy Systems as accessory uses in all zoning districts. Roof and Ground Mounted Systems attached to a principal structure shall comply with all requirements relating to principal structures and Ground Mounted Systems shall comply with all standards relating to accessory structures. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen Porta, City Clerk Ronald A. Case, Mayor PUBLISHED in the Eden Prairie News on , 2019. (A full copy of the text of this Ordinance is available from City Clerk.) CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar July 16, 2019 DEPARTMENT/DIVISION: ITEM DESCRIPTION: 11-5801 IEM NO.: Carter Schulze Encroachment Agreement at Southwest Light Rail VIII.D. Public Works/Engineering Transit Southwest Station with Metropolitan Council Requested Action Move to: Approve Encroachment Agreement at Southwest Light Rail Transit Southwest Station with Metropolitan Council. Synopsis The Metropolitan Council owns the property where the Southwest Light Rail Southwest Station will be constructed. A portion of the property owned by the Metropolitan Council is encumbered by a drainage and utility easement benefitting the City. This encroachment agreement will allow the station improvements to be built within the drainage and utility easement. Attachment Encroachment Agreement Sent Via US - Mail June 5 , 2019 Mr . Robert Ellis Public Works Director City of Eden Prairie 8080 Mitchell Rd Eden Prairie MN 55344 Re : Encroachment Agreement — City of Eden Prairie Metropolitan Council Contract # 19I045 Contract Transmittal Dear Mr . Ellis : Attached , please find two copies of the Encroachment Agreement with the City of Eden Prairie . Please obtain the necessary signatures on both copies and return them to : Jake Anderson Metropolitan Council 390 Robert St . N . St . Paul MN 55101 Upon receipt of the two signed copies , the Metropolitan Council will execute the contract and return one original to you . If you have any questions , please contact Mr . Anderson at Jacob . Anderson metc . state . mn . us . Sincerely , c4e.7 ?t gc,,b. Jody Jac , -" PPO Director , Procurement Department JLJ /jma Enclosures - 2 cc : Kelly McKeon , Project Manager Or 390 Robert Street North I Saint Paul , MN 55101 - 1805 P. 651 . 602 . 1000 I fly. 651 . 291 . 0904 I metrocouncil . org METROPOLITAN An Equal Opportunity Employer COUNCIL MC Contract # 19I045 ENCROACHMENT AGREEMENT This Encroachment Agreement ("Agreement") is made this day of , 2019 , between the CITY OF EDEN PRAIRIE , Minnesota, a municipal corporation (the " City") , and the METROPOLITAN COUNCIL , a public corporation and political subdivision of the State of Minnesota ("Owner") . RECITALS A . Owner is the fee owner of property located in the City of Eden Prairie , Minnesota , legally described on the attached Exhibit A (the " Owner ' s Property") . B . A portion of Owner ' s Property (the "Easement Area") is encumbered by a drainage and utility easement (the "Easement") benefitting the City and burdening Owner ' s Property . C . Owner desires to construct certain improvements on Owner ' s Property, including but not limited to those improvements (the " Improvements ") identified on the Site Plan attached as Exhibit B (the " Site Plan") . D . The Improvements will be located within the Easement Area and encroach on the Easement (the " Encroachment") . E . The City is willing to permit the Encroachment, subject to the terms and conditions of this Agreement. AGREEMENT In consideration of the foregoing and the mutual covenants in this Agreement, the parties agree as follows : 1 . The recitals set forth above are incorporated into this Agreement by this reference . 2 . Owner acknowledges that Improvements constructed within the Easement Area will encroach on the Easement. Owner agrees that the Improvements to be constructed within the Easement Area shall be located as depicted in the Site Plan . 3 . The City grants Owner the right , and Owner assumes the responsibility , to construct Improvements within the Easement Area in accordance with all applicable laws and regulations . 4 . Owner shall be solely responsible for repair and maintenance of the Improvements , at Owner ' s expense , as may be reasonably necessary to maintain the Improvements in good condition and repair . Owner ' s responsibility for repair and maintenance of the Improvements may be addressed in a subsequent operations and maintenance agreement provided that in no event shall the City be responsible for repair and maintenance of the Improvements . 1 MC Contract # 19I045 5 . This Agreement does not preclude the City from using the Easement Area for its intended purposes , including but not limited to repair, maintenance , and reconstruction of City improvements within the Easement Area . None of the Improvements constructed by Owner prevent or interfere with the City ' s use of the Easement Area for its intended purposes . 6 . Owner shall require its contractor to indemnify, defend and hold the City and its employees , contractors , agents , representatives , elected and appointed officials harmless from any and all claims , damages , losses , costs and expenses , including reasonable attorneys ' fees , arising from , based on , or related to the negligence of contractor. 7 . The Owner and City agree that they will be responsible for their own acts and the results thereof to the extent authorized by law and shall not be responsible for the acts of the other and the results thereof. The Owner ' s and City ' s liability is governed by the provisions of Minnesota Statutes , Chapter 466 . 8 . Owner acknowledges that the City has made no representations or warranties regarding the condition of the Easement Area or its suitability for the uses permitted by this Agreement . 9 . This Agreement does not create any partnership , joint venture, agency or employment relationship between the parties , or render any party liable for any of the debts or obligations of any other party . 10 . Either party ' s failure to enforce any provision of this Agreement against the other party shall not be construed as a waiver of such provision , nor a waiver of any other provision of this Agreement and shall not excuse the other party from future performance of that provision or any other provision . 11 . This Agreement shall run with the land and bind and inure to the benefit of the parties and their respective heirs , successors and assigns . 12 . This Agreement contains all of the terms and conditions relating to the Encroachment and replaces any oral agreements or other negotiations between the parties . No modifications of this Agreement shall be valid until they have been placed in writing and signed by all parties to this Agreement . 13 . Owner shall cause this Agreement to be filed for record with the Hennepin County Recorder ' s Office within thirty (30) days of its execution by Owner and the City . Evidence of filing shall be provided to the City within thirty ( 30) days thereafter. [ signatures on the following pages] 2 MC Contract # 19I045 CITY ' S SIGNATURE PAGE TO ENCROACHMENT AGREEMENT CITY OF EDEN PRAIRIE By Ronald A . Case Its Mayor By Rick Getschow Its City Manager STATE OF MINNESOTA ) ) ss . COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2018 , by Ronald A . Case and Rick Getschow, respectively the Mayor and the City Manager of the City of Eden Prairie , a Minnesota municipal corporation , on behalf of said corporation . Notary Public 3 MC Contract # 19I045 OWNER ' S SIGNATURE PAGE TO ENCROACHMENT AGREEMENT METROPOLITAN COUNCIL By : Title : Regional Administrator STATE OF MINNESOTA ) ) ss . COUNTY OF RAMSEY ) I , the undersigned , a Notary Public in and for Ramsey County, Minnesota, do hereby certify that , the Regional Administrator of the Metropolitan Council , a public body appeared before me this day in person and acknowledged that he signed and delivered said instrument on behalf of said public body . Given under my hand and official seal this day of , 201 . Notary Public 4 EXHIBIT A OWNER ' S PROPERTY SOUTHWEST STATION 4TH ADDITION R.T. DOC. NO. C . R. DOC. NO KNOW ALL PERSONS BY THESE PRESENTS: That Southweut Transt, a joint poworu entity created by the cllloa of Chanhassen, I horoby certify That I surveyed and pluttud or directly suporvlaod the survuying raid platting of thu land doscrlbud on this plait this Chaska, and Eden Prairie too owner oI the following described proporty situated In Inc County of Honnopin, Slate of Minnesota to plot la a correct roprosontatlon of the boundary purvey: all malhomatic data and labels aro correct,/ dosignatod; ail monurnonts wit: depicted on the plat have boon or will be correctly not within one your, all water boundaries and wet [undo us of Into date are shown and labeled: and all public ways aro Shown and labeled. Lot 5, Block 1 , SOUTHWEST STATION 2ND ADDITION Dated this day of , 20 The Tcrranr portion being: That part of Lot 5, Block 1 . Southwoal Station 2nd Addition, embraced within the WEST one-half of Iho Nonhuont Quarter or Section 15, Township 116, Range 22, Honnopin County, Minnesota, Stephan Robert. Licensed Land Survoyor Minnesota Llconso No. 42642 AND THAT: Metropolitan Council. a public corporation and political subdivision under thu laws of Mlnnosom foe owner of tho following deathbed STATE OF MINNESOTA property aituatod in tho County of Honnopin, State of Minnesota to wit: COUNTY OF Lot 4. Block 1, SOUTHWEST STATION 2ND ADDITION Thu foregoing Surveyors CartifIcato was acknowiodgod before mo this day of (Abstract Property) 20 , by Stephene Robert. Have cauaod tho uamo to bo aurvoyod and platted as SOUTHWEST STATION 4TH ADDITION and do hereby ded Cato to Inc Public for public uau forever the euuanonta for drainage and utility purposes au uhown on Ihb plat. Print In witness whereof sold SoulhWoat Transit, a joint poworu entity croated by the cities of Chanhassen, Chaska, and Eden Prairie turn caused Moto presents to bu nlgnod by Its proper offlcor this day of 20 Signature SOUTHWEST TRANSIT Notary Public By , lte My Commiaalon Exptras By: itr, EDEN PRAIRIE, MINNESOTA This plot 01 SOUTHWEST STATION 4TH ADDITION was approved and accepted by tho City Council of the City of Edon Prairie, STATE OF MINNESOTA Mlnnouolu, al a regular mooting thereat hold thin_ day of . 20 and Is in compliance with COUNTY OF the provisions of Minnesota Statutes, Sodlon 505.03. Subd. 2. Tho foregoing Instrument wan acknowledged before mo thin day of , 20 CITY COUNCIL OF EDEN PRAIRIE, MINNESOTA by Ito and by Its of SouthWost Tronart ,o joint powers entity creatod by the dtios of Chanhassen, Chaska, and Eden By: , Mayor Prairie on behalf o1 the entity. By: . City Manager Print RESIDENT AND REAL ESTATE SERVICES, Honnopin County, Minnesota I horoby certify that tacos payable in 20 and prior yuors have boon paid for land dooalbod on thin plat, dated Signature this day of 20 Notary Public County, Minnesota Mark V. Chapin, County Auditor by: Deputy My Commission Exphos SURVEY DIVISION, Honnopin County, Minnesota 1 In witnoas whereof said Motropolltan Council, a public corporation and political nubdivision under the laws of Minnesota. Hair caused Moue prouentu to be tignod by flu proper officer It day of , 20 Purmuunl to MN STAT. Sec_ 3838.565 (11360), hits plat hum twan approved thlu Ilib day of , 20 METROPOLITAN COUNCIL By: Its Regional Administrator Chris F. Mavis, County Survuyw by: Was Koolslro REGISTRAR OF TITLES, Honnopin County, Minnesota STATE OF MINNESOTA COUNTY OF I hereby certl fy Uat within plat of SOUTHWEST STATION 4TH ADDITION watt flied this day of 20 at _ o'clock Thu foregoing Inutrurnunt wuu acknowledged bolwu ma this day of . 20 by Woa Koolstra, Ile Regional Adminlatrntor of Metropolitan Council, a public corporation and political nubdlvlslon under tho lawn of Minnesota on behalf of the corporation. Martin McCormick, Raglstrar of Titles by: Deputy COUNTY RECORDER, Hennepin County, Minnesota I hereby codify that within plot of SOUTHWEST STATION 4TH ADDITION was Wed thin day of Notary Public 20 , nl o'clock _ .M. My Commission Endear. Martin McCormick. County Recorder by: Deputy aRANI engineering SHEET • OF 2 SHUTS SOUTHWEST STATION 4TH ADDITION R.T. DOC. NO C.R. DOC. 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Rl •? c c' \ Op' �3/464 ^ • ', \`G"a1 • 589.45'58-E �. \ •1 / gyp :\� 1 stet I E �4 ws ,tp • � 1 t°' A 8 \ a� . • • 1 . o /ll • Y 1 1: 0 ItC lit OO :-. I Nfl y �1 ' i, N ro m 7 is $ r n11 •, SB9'r55d'E I w Q I S \ i I t :.' , • ., Q r �a +� 1 , I ,� V / / Satz ww �- N t I 'I I• ' ♦ 'l la J.14 N88.4r41 w '_ _ H / �Sf a` _ 60.74 i 1 ; �� {t ) I I ~ -- Jo)es ?4.88 �+ `` • / Os.. I 1otii N89'4558w ' \ 1 `li / Z oR�vAot AND __ ' 11 ' • (I I 300.99 A �", � F / Zi �--- fmfmr\MCNr j� �, ! p �`..�- r it I ? 37.83 0,� S . . iS N O 11, O D •TJ 'aa'fJ-_. "s='^J '" Ib � i �-• • -) ,� 8859'49 Ifi L .T]B.OD . — 1` •1 les ^ $,{ K „' 3333 N90.001)Ow • L_ • \J 2 t • • - -.- _ _PN •• • � . `, I. Z • F -==% OR/UNAOC AND UTILITY L`AutA1CNT PER PLAT ':' •'`• I I •• •• 1• ,r �. .. 1 OF SOUTHWEST STATION 2ND ADOn ION ! �' r4 i R =565"e0 1 \ yt I. ' d -4?.f330 A . 4•. c � I •• Os . \ • �t .� 7,e. 91. a _,a •;• • 4r;• • •\ • • . • • . . • `- . ' • . •'I \ •I ". NI:3 N . N• RL744104 N. s h 0 ♦ \ (r II \ \ v 1 N \ I \ N r 4•4. \ N i^ N. /s/ sstr � \ \ .•3 \ 1a \ I N. I h 'N. \ N \ LEGEND • Denotes monument found 0 40 50 O Donotos)t Inch x 14 loth iron pipe sat and marked with Minnow's License No. 42642 DCALE IN FEET For the purpose of thin survoy the oast lino of Lot 5. Block 1, SOUTHWEST STATION 2ND ADDITION to assumed to boor SOD-14.04•W RANI iiiii w rn SHEET 2 OF 2 SHEETS EXHIBIT B SITE PLAN DEPICTING IMPROVEMENTS AND EASEMENT AREA #5540018 ]EXHIBIT B BUS TURNAROUND . . `? \ " INDOOR TRACTION POWER SUBSTATION (TPSS-SW-301 ) • P. AND LAYOVER L Li � � ' "- BUS PLATFORM — 1Z .2NGAI ,, SIGNAL BUNGALOW%/PLATFORM HOUSE 10'X30' '� \`' r • �� .. AND GATES , / LAND BRIDGE , � 1 � • \iemarimmitimi ^ �^^ T f , IN .7 . e oca's . -0 K.,./),..- ... `'_ -- STORM,L�_ f . . � �1 _ ' � t � , tea ^ ��' �,, WATER• �_ A, " zJ, , � r — :� ,p - .- g �, . 4 FEATURE ,' ? ►�� -- - _ � , . // i ;�/� ti ft-, I-� J r I . 5>/ \ a :1 ,� , , f ` , ,orPti it4, , , , _ __ ...... ... . - p . / � \' "�' � � _� � - �-1 _ _ `t. _� - ` _ -- - - - � der/• \\ r.�. tie �� >,, ,,:1 # -- - `i� Oft: iiir:T 1F ' FAFF.EP " " PFIRF!;PrPI- , • tic Q ST C�� " , �` - / - - �/ I S 1 ' ' I. ` I;n 1`.t� .' ~ �` \ !- {',, ® •^ , :, i �' `� • , u:iyg : .. .. r.c . : r 0 _ - : lc ww • 001 % \ r‘' • e: " ,\ is,"-' / • ; re 01 . Is . : . C ' pit ME " \ 'N. ,., " - , ' - <- A vit „ \ , \ N '� 1 • '`�/ �0 Or Or - PARK AND, RIDE f! F « E , ; ; �: \ 44tr f ' r >2 •1- , _M ' l' PEEP PEP - f t PppA� FF FelEPI) I ‘ tl r- EP F, AFA fpr- � �. ~� , ItLot It kr f , _ 110 )el, :-, .• . Q STRUCTURE I - • w , ' //�' C� -• 1 'I �' ,' , ? % k c"1'I' . ` FL . r "rsta. f-Wi . , + 1" f•- I- r r IfirIMrfACi - rI 14' NIF1rEEI - — :J , _ \' '+' '' B. rim- l `:�� - ." ,, ;, . l U1&ffl!? tipJ* ,� . 1O � � � ,- - ,=� ,mr.� - , ate , 4 \, a I 17NNIke ` \ c C 7 `~ ' �: � : is 1 I CI - i®[i�.�� ;';y• . '�� 0 '' L ' c ---1 it; • f. r I f Is 4' / LRT PLATFORMS - -- �,/ -..%-• '------- ‘<' ,..,‘„,..-- 4% . :- am"- /---1.-.' ---... . \ \ \ ST ,_`, ' � - fi _ r �_11 �� � �G r �'/ 77 _ - _ - _ - - �� ' _ 1, ,y SWLRT PARKING �; _ "'� / , r _ •; , , " jL, ' '': �� 1 ` , . ‘� fir► ' / STRUCTURE i `., � 's • c ` ; ' � , —PASSENGER \ r� w / , , ; ABOVE . - / ,�� DROP-OFF �\ ,.._ ' STORM WATER �, \\ r - \ t,i - � ad // I FEATURE ti \ \ _ - - -- - - — r �- - - _ '. �— ` d 1 ::::::::: --. te• 0 r + Qy ,. / ` . — PURGATORY CREEK PARK r,r_ it • /: 7 1 // \ w /�. N * ass • /e ,.... ... / , it\ ... . 6 . • ___ . . . . . NOTE: N. AERIAL PHOTO FR \ //,fr 2011 LIDAR SURVEY 1 N -N. - - - X St agEWLY:311C4;;; SITE DEPICTION ica, MET ROr OI_ITk I SOUTHWEST STATION 4TH ADDITION R.T. DOC. NO . C . R. DOC . NO KNOW ALL PERSONS BY THESE PRESENTS: That SouthWoot Transit, a Joint poworo ontlty created by tho duos of Chanhassen, I hereby certify that I surveyed and plultud or directly cupurvlsod the survoying and platting of tho kind described on Ihls plat: this Chaska, and Eden Prairie too owner of the following doscdbod propony Diluatod In the County of Hennepin, State of Minnusota to plat is a correct ropr000ntatIon of tho boundary ourvoy: all mathematic data and labels aro correctly dealgrwtod; all monuments wit: depiclod an the plat have boon or will be correctly out within ono your oil water boundaries and wet tondo US of Ihiu auto aro shown and labeled: and all public ways aro shown and labeled. Lot 5. Block 1, SOUTHWEST STATION 2ND ADDITION Dated this day of 20 Tho Torrent. portion being: That part of Lot 5, Block 1 , Southwosl Station 2nd Addition, ombracod within Iho WEST ono-roll of the Norlhooat Quarter of Section 15, Township 118, Rango 22, Honnopin County, Minnesota. Stephan() Robert. Licensed Land Surveyor Minna:ota Lkonso No. 42842 AND THAT: Metropolitan Council, a public corporullon and political subdivision under Iho laws of Minnusatu lee owner of the following described STATE OF MINNESOTA property situated in the County of Honnopin. State of Minnesota to wit: COUNTY OF Lot 4. Block 1, SOUTHWEST STATION 2ND ADDITION The forogoing Surveyor's Certificate was acknowledged before mo this day of (Abstract Property) 20 by Stuphone Roburl Have calmed the came to be surveyed and platted as SOUTHWEST STATION 4TH ADDITION and do hereby dodicato to the public for public sue forever the uuuononer for drolnugo and utility purpouou au uhown on This plat. Print In wltnars whereof said SouthWort Transit. a Joint powers entity created by the Woo of Chanhassen, Chaska, and Eden Prairie hes caused those prusents lobo signed by its proper officer this day of , 20 Signature SOUTHWEST TRANSIT Notary Public By , Its My Commiaalon Expkoa By: It& EDEN PRAIRIE. MINNESOTA This plat of SOUTHWEST STATION 4TH ADDITION was approved and accepted by the City Council of the City of Edon Prairie. STATE OF MINNESOTA Mlnnuuolu. at a regular mooting thereof nuid lhiu_day of . 20 , and Is in compliance with COUNTY OF Inc provisions of Minnoaow Statute's, Section 505.03, Subd. 2. Tha foregoing instrument watt acknowledged before ma thin any al • 20 CITY COUNCIL OF EDEN PRAIRIE. MINNESOTA by . Its and by its of SouthWoat Transit ,a Joint poworo ontfty created by the cities of Chanhassen, Chaska, and Eden By: . Mayor Prairie on bohaif of the entity. By: . Chy Manager Print RESIDENT AND REAL ESTATE SERVICES, Honnopin County, Mlnnosota I hereby certify that taxon payable In 20 and prior yuors have boon paid for land described on this plat, dated Signaturo this day of , 20 Notary Public County, Minnesota Mark V. Chapin, County Auditor by: Doputy My Commisalon Explroa SURVEY DIVISION, Hennepin County, Minnooaw In wllnosa whereof said Metropolitan Council, a public corporation and political subdivlslon under the laws of Minnesota. Has caused Memo presents to bo signed by its proper officer this day of , 20 Pursuant to MN STAT. Soc. 3838.585 (1969), this plat has been approved this this _ day of 20 METROPOLITAN COUNCIL By: . Its Regional Administrator Chris F, Mavis, County Surveyor by: Was Koolstro REGISTRAR OF TITLES, Honnopin County, Mlnn000ta STATE OF MINNESOTA COUNTY OF I hereby certify owl within plot of SOUTHWEST STATION 4TH ADDITION wuu Iliad Ihiu day of 20 , at _ o'clock _ .m. Tho lorogoing inatrurnont was ucknowledgod before ma this day of , 20 by Won KooLlra, Its Regional Administrator of Metropolitan Council, a public corporation and political subdivision under the laws of Minnesota on baholf of tho corporation. Mahn McCormick, Registrar of Titles by: Doputy COUNTY RECORDER, Honnopin County, Minnesota I noraby sonny that within plat of SOUTHWEST STATION 4TH ADDITION was Nod this day of Notary Public 20 , al o'clock .M. My Commission Expires Martin McCormick. County Recorder by: Doputy = RANI 1.1 On n ;;HER • or ; 9HCLV. SOUTHWEST STATION 4TH ADDITION R.T. DOC. NO C.R. DOC. NO 1 �- .- _ _ ` � _ i _ 1 I / 1 s \ \ I • , • • • "• . ♦ . • • • • ♦ I♦ •. / •. ; / \ •, 11 :' rV \ 1 ; .111\1 I \ 'I 1\II ••. 1• I \ / I Y ,-, ,. • • - ' •1 , • • •II , I• • . • • ♦ • • "• • 41 1 • 1 I \ 1 ♦• YVI • YV \ I\I • \ 1%01 • •• 1 • • 44 ,PC9• •:::: .. .• .... 7s.00 FOOT ORAINAOC ANO •1- ` • UTIUTY CASCMCNT PEN PLAT OF _` I • 2832 le s7,,ro •�1 OOUThWCST DTATION ` �� O I •(f Sus /�y,�x Ii i� •i i+ •Y �i\r ``%� w 1 \'�w Nyd 49 1 Pr qOW��y�1y�r ?I? • .. .. •s I l�l ,e,qr. , ` �sss �' •s."^e Td' ce=nrae'oensw ry 1 y0 49.9T 4 _-6 =S� ?� y O !0 1 �j ��T Mw C=?81.5? " �'0yo•,625. —I— —I— O ??.. �'`P4. ' I so ge ��� .() = % ". ARAI... _ N R =B2o.e7 Tom;I_I ' / 588.1558'E342.77 �ce / � � 1 � \ �• •p'y e` 2�% I $ Ea �AtorGt TO�am. a d =?B •f?'27• 0. ` ��� � seas•. .O p i \ - I •\ 1 - E _ I .No ° � 4rCpr4 "eya.7J, _ � _ c _ �� l / ; „ 19 d - IrloN aTAt,� < 'TJ.?� a ' . . . . . . . . . . . . . . . — 2 as c -70a.1a r .pp s .87 a•v�Tys i •. is • • 'p in 4 ? 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JT.83 B / e -22 •aa•n• Y .1 � M �� 7 p W r L •776.0a - 1� IL..47 J /.4 4 it C y I ••% SBY5948•W a-9`r 1? \ .• N80'O0 DOw ��+' .r 33.39 o $ \ p 4 I `_% ORAINAOC ANO UTILITY EASEMENT PtR PLAT T1"1/4 • _ ,'. . ...owl' - OF COUTNWEST STATION 2N0 ADDITION �41S,B0 o I. `1 \\ r • • �- ,.. �y Bey. • „= , ;. • • • • Yryh RLIJ44t00 I • \ \ ^ IN 0 - ' \ V k 11 • � � v I N. _ I � -' � ' r • e !,�� c Ce 4.11 Cc \ bli ,� CO ^O I \ � � LEGEND Denotes monument found 0 4o 00 0 DenotesX Inch x 14 Inch Yon pipe sot and marked with Minnesota License No. 42842 • SCALL IN FEU For the purpose of this survey the oast lino of Lot 5. Block 1. SOUTHWEST STATION 2ND ADDITION Is oosumad to boar 500.14'04'W _ RANI snp ng SNCET 2 OF 2 SKEET5 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar July 16, 2019 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Public Works Approve Contract with Corrective Asphalt Scott Riley/ Streets Materials for a Cost Not to Exceed $40,000 VIII.E. Requested Action Move to: Approve contract with Corrective Asphalt Materials for a cost not to exceed$40,000. Synopsis Through direct negotiations Corrective Asphalt Materials provided a quote to place a reclamite maltene based rejuvenating agent to various city streets. This quote will allow approximately 44,000 cubic yards of roadway to receive the rejuvenating agent. This specific rejuvenating agent can only be provided by Corrective Asphalt Materials. Funds for this quote will be provided by the Pavement Management Fund. Background Information Asphalt is made up of two components - asphaltenes and maltenes. The asphaltenes are the bonding agent that make the asphalt hard while the maltenes give it its stickiness. When asphalt loses its maltenes, the road surface becomes dry and brittle. This leads to raveling, pitting, cracks,potholes and other signs of aging. Maltenes are lost due to damage by high temperatures during manufacturing, exposure to the sun, freeze-thaw conditions, water, traffic and normal aging. Treating newly laid pavement surfaces with Reclamite replenishes the maltene factions lost for the reasons mentioned above. Placing a rejuvenating agent will delay the need for overlays and other expensive surface courses because it slows raveling and surface cracking. Rejuvenating agents applied to streets are becoming a new and more commonly used practice for pavement management. Rejuvenating agents can help extend the life of an asphalt surface if it is applied with the first several years after a road has been constructed or overlaid. Attachment Contract 2017 06 01 Agreement for Contract Services This Agreement ("Agreement") is made on the 16th day of July, 2019, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Corrective Asphalt Materials, an Illinois LLC (hereinafter "Contractor")whose business address is 300 Daniel Boone Trail, South Roxana, IL 62087. Preliminary Statement The City has adopted a policy regarding the selection and hiring of contractors to provide a variety of services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of services by Contractor for Placement of Reclamite Maltene Based Rejuvenating Agent to City Streets hereinafter referred to as the "Work". The City and Contractor agree as follows: 1. Scope of Work. The Contractor agrees to provide, perform and complete all the provisions of the Work in accordance with attached Exhibit A. Any general or specific conditions, terms, agreements, consultant or industry proposal, or contract terms attached to or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any manner. 2. Effective Date and Term of Agreement. This Agreement shall become effective as of July 16, 2019. The Work shall be completed by September 15, 2019. 3. Obligations of Contractor. Contractor shall conform to the following obligations: a. Contractor shall provide the materials and services as set forth in Exhibit A. b. Contractor and its employees will park in service areas or lots and use entries and exits as designated by City. Contractor's personnel will contact the appropriate person (i.e. receptionist, maintenance personnel, security, etc,) immediately upon entering the building, and will sign in and out if required by City. c. Care, coordination and communication by Contractor is imperative so that guests and employees in the buildings are not disturbed or inconvenienced during the performance of the contracted services. d. Contractor's personnel must be neat appearing, wear a uniform and badge that clearly identifies them as a service contractor, and abide by City's no smoking policies. e. Contractor must honor the City's request to reassign an employee for cause. Cause may include performance below acceptable standards or failure to present the necessary image or attitude, in the judgment of the owner, to present a first class operation. f. When necessary, Contractor's personnel will be provided with keys or access cards in order to perform their work. Any lost keys or cards that result in rekeying a space or other cost to the City will be billed back to the Contractor. 4. City's Obligations. City will do or provide to Contractor the following: a. Provide access to City properties as appropriate. b. Provide restroom facilities as appropriate. 5. Compensation for Services. City agrees to pay the Contractor $0.85 per square yard of material applied, with total payments made in each one year period not to exceed $40,000.00 as full and complete payment for the labor, materials and services rendered pursuant to this Agreement and as described in Exhibit A. a. Any changes in the scope of the work which may result in an increase to the compensation due the Contractor shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. b. If Contractor is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay. 6. Method of Payment. a. Contractor shall prepare and submit to City, on a monthly basis, itemized invoices setting forth work performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City. b. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." c. No fuel surcharges or surcharges of any kind will be accepted nor will they be paid. 7. Project Manager. The Contractor shall designated a Project Manager and notify the City in writing of the identity of the Project Manager before starting work on the Project. The Project Manager shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Contractor may not remove or replace the Project Manager without the approval of the City. Standard Agreement for Contract Services 2017 06 01.01 Page 2 of 10 8. Standard of Care. Contractor shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Contractor shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Contractor's breach of this standard of care. Contractor shall put forth reasonable efforts to complete its duties in a timely manner. Contractor shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Contractor shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 9. Insurance. a. General Liability. Prior to starting the Work, Contractor shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Contractor or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. b. Contractor shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker's Compensation Statutory Limits Employer's Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General $1,000,000 property damage and bodily Liability injury per occurrence $2,000,000 general aggregate $2,000,000 Products—Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products- completed operations, personal and advertising injury, and liability assumed under an Standard Agreement for Contract Services 2017 06 01.01 Page 3 of 10 insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. d. Contractor shall maintain "stop gap" coverage if Contractor obtains Workers' Compensation coverage from any state fund if Employer's liability coverage is not available. e. All policies, except the Worker's Compensation Policy, shall name the "City of Eden Prairie" as an additional insured. f. All policies, except the Worker's Compensation Policy, Automobile Policy, and Professional Liability Policy, shall name the "City of Eden Prairie" as an additional insured including products and completed operations. g. All polices shall contain a waiver of subrogation in favor of the City. h. All General Liability policies, Automobile Liability policies, and Umbrella policies shall contain a waiver of subrogation in favor of the City. i. All polices, except the Worker's Compensation Policy, shall insure the defense and indemnity obligations assumed by Contractor under this Agreement. j. Contractor agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City's written acceptance of the Work. k. It shall be Contractor's responsibility to pay any retention or deductible for the coverages required herein. 1. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days' prior notice to the City, except that if the cancellation or non-renewal is due to non-payment, the coverages may not be terminated or non- renewed without ten(10) days' prior notice to the City. m. Contractor shall maintain in effect all insurance coverages required under this Paragraph at Contractor's sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. n. A copy of the Contractor's Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Contractor's Work. Upon request a copy of the Contractor's insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents Standard Agreement for Contract Services 2017 06 01.01 Page 4 of 10 evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Contractor has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Contractor of any deficiencies in such documents and receipt thereof shall not relieve Contractor from, nor be deemed a waiver of, City's right to enforce the terms of Contractor's obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. o. Effect of Contractor's Failure to Provide Insurance. If Contractor fails to provide the specified insurance, then Contractor will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City(including sole negligence) and regardless of the extent to which the underlying occurrence (i.e.,the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Contractor, its subcontractors, agents, employees or delegates. Contractor agrees that this indemnity shall be construed and applied in favor of indemnification. Contractor also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Contractor to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Contractor's insurance company. Contractor will take the action required by the City within fifteen(15) days of receiving notice from the City. 10. Indemnification. Contractor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney's fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Contractor, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Contractor, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Contractor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. Standard Agreement for Contract Services 2017 06 01.01 Page 5 of 10 11. Warranty. The Contractor expressly warrants and guarantees to the City that all Work performed and all materials furnished shall be in accord with the Agreement and shall be free from defects in materials, workmanship, and operation which appear within a period of one year, or within such longer period as may be prescribed by law or in the terms of the Agreement, from the date of City's written acceptance of the Work. The City's rights under the Contractor's warranty are not the City's exclusive remedy. The City shall have all other remedies available under this Agreement, at law or in equity. Should any defects develop in the materials, workmanship or operation of the system within the specified period, upon notice from the City, the Contractor agrees, within ten (10) calendar days after receiving written notice and without expense to the City, to repair, replace and in general to perform all necessary corrective Work with regard to the defective or nonconforming Work or materials to the satisfaction of the City. THE FOREGOING SHALL NOT IN ANY MANNER LIMIT THE CITY'S REMEDY OR THE CONTRACTOR'S LIABILITY TO THOSE DEFECTS APPEARING WITHIN THE WARRANTY PERIOD. The Contractor agrees to perform the Work in a manner and at a time so as to minimize any damages sustained by the City and so as to not interfere with or in any way disrupt the operation of the City or the public. The corrective Work referred to above shall include without limitation, (a) the cost of removing the defective or nonconforming Work and materials from the site, (b) the cost of correcting all Work of other Contractors destroyed or damaged by defective or nonconforming Work and materials including the cost of removal of such damaged Work and materials form the site, and (c) the cost of correcting all damages to Work of other Contractors caused by the removal of the defective or nonconforming Work or materials. The Contractor shall post bonds to secure the warranties. 12. Termination. a. This Agreement may be terminated at any time by either party for breach or non- performance of any provision of this Agreement in accordance with the following. The party ("notifying party") who desires to terminate this Agreement for breach or non-performance of the other party ("notified party") shall give the notified party notice in writing of the notifying party's desire to terminate this Agreement describing the breach or non-performance of this Agreement entitling it to do so. The notified party shall have five (5) days from the date of such notice to cure the breach or non-performance. Upon failure of the notified party to do so, this Agreement shall automatically terminate. b. Upon the termination of this Agreement, whether by expiration of the original or any extended term or terms hereof, or for any other reason, Contractor shall have the right, within a reasonable time after such termination to remove from City's premises any and all of Contractor's equipment and other property. Except for liability resulting from acts or omissions of a party, arising, taken or omitted prior to such termination, the rights and obligations of each party resulting from this Agreement Standard Agreement for Contract Services 2017 06 01.01 Page 6 of 10 shall cease upon such termination. Any prior liability of a party shall survive termination of this Agreement. c. In the event of dissolution, termination of existence, insolvency, appointment of a receiver, assignment for the benefit of creditors, or the commencement of any proceeding under any bankruptcy or insolvency law, or the service of any warrant, attachment, levy or similar process involving Contractor, City may, at its option in addition to any other remedy to which City may be entitled, immediately terminate this Agreement by notice to Contractor, in which event, this Agreement shall terminate on the notice becoming effective. 13. Independent Contractor. Contractor is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Agreement, who shall be employees, and under the direction, of Contractor and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Contractor an employee of the City. 14. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof GENERAL TERMS AND CONDITIONS 15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 16. Compliance with Laws and Regulations. In providing services hereunder, the Contractor shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. Standard Agreement for Contract Services 2017 06 01.01 Page 7 of 10 17. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. 18. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. 19. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 20. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to termination of this Agreement and for one (1) year thereafter, without prior written consent of the former employer in each case. 21. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Agreement or thereafter of any of the rights or remedies of the City under this Agreement. 22. Entire Agreement, Construction, Application and Interpretation. This Agreement is in furtherance of the City's public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties,unless otherwise provided herein. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Non-Discrimination. During the performance of this Agreement, the Contractor shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Contractor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Contractor shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Contractor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. Standard Agreement for Contract Services 2017 06 01.01 Page 8 of 10 25. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Agreement if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 26. Rights and Remedies. The duties and obligations imposed by this Agreement and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 27. Services Not Provided For. No claim for services furnished by the Contractor not specifically provided for herein shall be honored by the City. 28. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 29. Statutory Provisions. a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the Contractor or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6)years after the effective date of this Agreement. b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Contractor under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. This Agreement is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Contractor in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the Data Practice Act and Contractor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Contractor in relation to this Agreement shall contain similar Data Practices Act compliance language. 30. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. Standard Agreement for Contract Services 2017 06 01.01 Page 9 of 10 Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager CONTRACTOR By: Its: Standard Agreement for Contract Services 2017 06 01.01 Page 10 of 10 (florrective Mailing Address PO Box 87129 3 ne Trail Locations: 1 i S Roxana, oa Daniel uIL 62087 300 Daniel Boone Trail, South Roxana, IL 62087 • Phone: 618 254 3855 43W630 Wheeler Road, Sugar Grove, IL 60554 N\iijatenals Fax: 618-254-2200 EXHIBIT A City of Eden Prairie, MN July 1, 2019 Attention:Scott Riley 612-598-1453 Email:sriley@edenprairie.org Please accept the following as our formal proposal to apply Reclamite Maltene Based Rejuvenating Agent to the street list below. West of Eden Prairie Road 24,008 SY South of Anderson Lakes Pkwy and East of Homeward Hills Road 20,164 SY Total Square Yards 44,172 SY • Apply reclamite to approximately 44,172 SY of Asphalt Road Ways o Total: @$0.85/SY $37,546.20 CAM's Responsibilities: • Supply and Apply Reclamite • Supply and Apply Lime screenings • Traffic Control and Signage • Sweep Limestone screenings 24 hours after application City of Eden Prairie Responsibilities: • City to distribute resident notifications if deemed necessary. • City to have location for 25 tons of screenings to be delivered and to keep excess and swept screenings. • Dandy Curb Sacks if deemed necessary. Price good for 30 days. Payment Net 30 Billing Information(please fill out upon acceptance) Name : Address: Phone Number: Again, thank you for the opportunity. We look forward to providing our professional services. Sincerely, Colleen Holtmeyer Tina Revermann Business Development Operations Manager Corrective Asphalt Materials, LLC 314.267.9313 Corrective Asphalt Materials, LLC 618.484.7650 https://correotiveasphalt.corn Reliable, Efficient Asphalt Preservation CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar July 16, 2019 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 16-5943 ITEM NO.: Carter Schulze Reject Bid for TC&W Railroad Crossing Safety VIII.F. Public Works/Engineering Improvement Project Requested Action Move to: Reject the bid for the TC&W Railroad Crossing Safety Improvement Project (I.C. 16-5943). Synopsis Electronic bids were received on Tuesday, July 9, 2019 for this project. One (1) bid was received in the amount of$1,115,384.84 from Meyer Contracting, Inc., which is 63% over the engineer's estimate. The estimated cost established by SRF Consulting Group was $684,865.20. Based on the combined factors of; busy bidding climate, receiving only one bid and that bid being substantially higher than the estimate, Staff recommends rejecting the bid and rebidding the project with a revised scope in late 2019 or early 2020. Background Information 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. As part of those improvements, this construction contract provides for the at-grade railroad crossing safety improvements along with a separate contract with the railroad, which includes new signals and cabinets. This signal contract is still moving forward. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar July 16, 2019 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Rick Wahlen Approve a Standard Agreement for Professional VIII.G. Public Works/Utilities Services with Hansen Thorp Pellinen Olson, Inc. (HTPO) for Construction Surveying Services for the City's New Drinking Water Storage Reservoir and Pump Station Requested Action Move to: Approve a Standard Agreement for Professional Services with HTPO for Surveying Services for the Construction of the City's New Drinking Water Ground Storage Reservoir and Pump Station at 8251 Eden Prairie Road. Synopsis The attached professional services agreement is for surveying services required to construct the city's new drinking water ground storage reservoir, pump station, buried underground utilities, and access road as well as all planned storm water management features and trail connections. Background Information Surveying agreements with HTPO were previously approved for the design of the project, for the delineation of the property purchased from the State of Minnesota in two separate transactions, and for the location of easements and permit areas. This latest agreement for construction surveying services includes placing line and grade stakes, and other activities outlined in the attached Exhibit A, Scope of Work. The total cost of construction phase surveying services is $40,000. All costs associated with this agreement will be paid from the water utility enterprise capital improvement fund. Attachments Agreement Exhibit A, Scope of Work 2017 06 01 Agreement for Professional Services This Agreement ("Agreement") is made on the 16th day of July , 2019, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Hansen, Thorp, Pellinen, Olson, Inc._ ("Consultant"), a Minnesota corporation (hereinafter "Consultant") whose business address is _7510 Market Place Drive, Eden Prairie, MN 55344 . Preliminary Statement The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of professional services by Consultant for contruction surveying services for the the City's dinking water ground storage reservoir and pump station_hereinafter referred to as the "Work". The City and Consultant agree as follows: 1. Scope of Work. The Consultant agrees to provide the professional services shown in Exhibit A ( Scope of Work ) in connection with the Work. Exhibit A is intended to be the scope of service for the work of the Consultant. Any general or specific conditions, terms, agreements, consultant or industry proposal, or contract terms attached to or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any manner. 2. Term. The term of this Agreement shall be from July 16, 2019 through _October 31, 2020 the date of signature by the parties notwithstanding. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated. 3. Compensation for Services. City agrees to pay the Consultant on an hourly basis plus expenses in a total amount not to exceed $_40,000_ for the services as described in Exhibit A. a. Any changes in the scope of the work which may result in an increase to the compensation due the Consultant shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. Version 2017 06 01 b. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City. c. If Consultant is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. 4. City Information. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services: a. Access to the Area. Depending on the nature of the Work, Consultant may from time to time require access to public and private lands or property. As may be necessary, the City shall obtain access to and make all provisions for the Consultant to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work. b. Consideration of the Consultant's Work. The City shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Consultant, and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the Consultant. c. Standards. The City shall furnish the Consultant with a copy of any standard or criteria, including but not limited to, design and construction standards that may be required in the preparation of the Work for the Project. d. City's Representative. A person shall be appointed to act as the City's representative with respect to the work to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the services provided or materials, equipment, elements and systems pertinent to the work covered by this Agreement. 5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an itemized invoice for professional services performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City for: a. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall indicate for each employee, his or her name, job title, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Consultant shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Consultant shall provide an itemized listing and such Page 2 of 10 2017 06 01 documentation as reasonably required by the City. Each invoice shall contain the City's project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract. b. Suspended Work. If any work performed by the Consultant is suspended in whole or in part by the City, the Consultant shall be paid for any services set forth on Exhibit A performed prior to receipt of written notice from the City of such suspension. c. Payments for Special Consultants. The Consultant shall be reimbursed for the work of special consultants, as described herein, and for other items when authorized in writing by the City. d. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." 6. Project Manager and Staffing. The Consultant shall designated a Project Manager and notify the City in writing of the identity of the Project Manager before starting work on the Project. The Project Manager shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Consultant may not remove or replace the Project Manager without the approval of the City. 7. Standard of Care. Consultant shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Consultant shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Consultant's breach of this standard of care. Consultant shall put forth reasonable efforts to complete its duties in a timely manner. Consultant shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Consultant shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 8. Termination. This Agreement may be terminated by either party by seven (7) days written notice delivered to the other party at the address written above. Upon termination under this provision, if there is no fault of the Consultant, the Consultant shall be paid for services rendered and reimbursable expenses until the effective date of termination. If however, the City terminates the Agreement because the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant, and the City may retain another consultant to undertake or complete the Work identified herein. Page 3 of 10 2017 06 01 9. Subcontractor. The Consultant shall not enter into subcontracts for services provided under this Agreement except as noted in the Scope of Work, without the express written consent of the City. The Consultant shall pay any subcontractor involved in the performance of this Agreement within ten (10) days of the Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. If the Consultant fails within that time to pay the subcontractor any undisputed amount for which the Consultant has received payment by the City, the Consultant shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Consultant shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Consultant shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 10. Independent Consultant. Consultant is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Agreement, who shall be employees, and under the direction, of Consultant and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Consultant an employee of the City. 11. Insurance. a. General Liability. Prior to starting the Work, Consultant shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Consultant or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. b. Consultant shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker's Compensation Statutory Limits Employer's Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General $1,000,000 property damage and bodily Liability injury per occurrence $2,000,000 general aggregate $2,000,000 Products—Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Page 4 of 10 2017 06 01 Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products- completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. d. Professional Liability Insurance. In addition to the coverages listed above, Consultant shall maintain a professional liability insurance policy in the amount of $2,000,000. Said policy need not name the City as an additional insured. It shall be Consultant's responsibility to pay any retention or deductible for the professional liability insurance. Consultant agrees to maintain the professional liability insurance for a minimum of two (2) years following termination of this Agreement. e. Consultant shall maintain "stop gap" coverage if Consultant obtains Workers' Compensation coverage from any state fund if Employer's liability coverage is not available. f. All policies, except the Worker's Compensation Policy, Automobile Policy, and Professional Liability Policy, shall name the "City of Eden Prairie" as an additional insured including products and completed operations. g. All policies, except the Professional Liability Policy, shall apply on a "per project" basis. h. All General Liability policies, Automobile Liability policies and Umbrella policies shall contain a waiver of subrogation in favor of the City. i. All policies, except for the Worker's Compensation Policy and the Professional Liability Policy, shall be primary and non-contributory. j. All polices, except the Worker's Compensation Policy, shall insure the defense and indemnity obligations assumed by Consultant under this Agreement. The Professional Liability policy shall insure the defense and indemnity obligations assumed by Consultant under this Agreement except with respect to the liability for Page 5 of 10 2017 06 01 loss or damage resulting from the negligence or fault of anyone other than the Consultant or others for whom the Consultant is legally liable. k. Consultant agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City's written acceptance of the Work. 1. It shall be Consultant's responsibility to pay any retention or deductible for the coverages required herein. m. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days' prior notice to the City, except that if the cancellation or non-renewal is due to non-payment, the coverages may not be terminated or non- renewed without ten(10) days' prior notice to the City. n. Consultant shall maintain in effect all insurance coverages required under this Paragraph at Consultant's sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-,unless specifically accepted by City in writing. o. A copy of the Consultant's Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Consultant's Work. Upon request a copy of the Consultant's insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Consultant has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Consultant of any deficiencies in such documents and receipt thereof shall not relieve Consultant from, nor be deemed a waiver of, City's right to enforce the terms of Consultant's obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. p. Effect of Consultant's Failure to Provide Insurance. If Consultant fails to provide the specified insurance, then Consultant will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City(including sole negligence) and regardless of the extent to which the underlying occurrence (i.e.,the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that Page 6 of 10 2017 06 01 this indemnity shall be construed and applied in favor of indemnification. Consultant also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Consultant to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Consultant's insurance company. Consultant will take the action required by the City within fifteen(15) days of receiving notice from the City. 12. Indemnification. Consultant will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney's fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Consultant, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Consultant, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Consultant harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 13. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement ("Information") shall become the property of the City, but Consultant may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Consultant also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Agreement ("Project") does not relieve any liability on the part of the Consultant, but any use of the Information by the City or the Consultant beyond the scope of the Project is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 14. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in Page 7 of 10 2017 06 01 the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof GENERAL TERMS AND CONDITIONS 15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 16. Compliance with Laws and Regulations. In providing services hereunder, the Consultant shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 17. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. 18. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. 19. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 20. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to termination of this Agreement and for one (1) year thereafter, without prior written consent of the former employer in each case. 21. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Agreement or thereafter of any of the rights or remedies of the City under this Agreement. 22. Entire Agreement, Construction, Application and Interpretation. This Agreement is in furtherance of the City's public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Contract shall be valid only when expressed in writing and duly signed by the parties,unless otherwise provided herein. Page 8 of 10 2017 06 01 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Non-Discrimination. During the performance of this Agreement, the Consultant shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Consultant shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Consultant shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Consultant further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 25. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Agreement if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 26. Rights and Remedies. The duties and obligations imposed by this Agreement and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 27. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City. 28. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 29. Statutory Provisions. a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the Consultant or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement. Page 9 of 10 2017 06 01 b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Consultant under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. This Agreement is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Consultant in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the Data Practice Act and Consultant shall comply with those requirements as if it were a government entity. All subcontracts entered into by Consultant in relation to this Agreement shall contain similar Data Practices Act compliance language. 30. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager CONSULTANT By: Its: Page 10 of 10 2017 06 01 Exhibit A, Scope of Work, for Professional Services Agreement for Construction Surveying, Ground Storage Reservoir Project 187035 ZJ I Engineering Surveying A Landscape Architecture June 26, 2019 Rick Wahlen City of Eden Prairie 8080 Mitchell Road Eden Prairie, Minnesota 55344-4484 Office: 952-949-8530 Email: RWahlen@edenprairie.org RE: Eden Prairie GSR—Eden Prairie, MN Dear Rick, We are pleased to submit this proposal to you for surveying services for the City of Eden Prairie Ground Storage Reservoir site improvements staking in Eden Prairie, Minnesota. We have based this proposal on plans dated March 26, 2019. SCOPE OF SERVICES We propose to provide the following services: 1. Construction Staking a. Set site control with benchmarks(one time) b. Construction limits and silt fence stakes(one time) c. Stake removal limits(one time) d. Center line of drive lanes for rough grading(one time) e. Top of rock bluetops on center line at 50'intervals(one time) f. Layout 4 grids with offsets for the pump station building(one time) g. Rough grade for reservoir tank(one time) h. Wood water tank i. Stake storm sewer,sanitary sewer, drain tile,and watermain with offsets for structures and pipes with grades(one time) j. Level dome and wall bed areas(one time) k. Level crane setup area(one time) I. Line and grade stakes for curb and gutter(one time) m. Bituminous paths n. Line and grade stakes for sidewalk not adjacent to curb(one time) o. Exterior limits of underground storm sewer BMPs(one time) p. Light pole locations(one time) q. Chain link fence at reservoir(one time) r. Signs s. Generator pad (one time) t. Electric transformer pad (one time) 2. Post Construction Asbuilts a. Field work stormwater basins grade verification 7510 Market Place Drive b. Field work to measure rim and invert elevations of storm and sanitary Eden Prairie, MN 55344 sewer manholes and catch basins, and above ground locations of gate 952-829-0700 valves and fire hydrants. Points for asbuilts will be delivered in X,Y,Z 952-829-7806 fax format for drafting by others www.htpo.com HANSEN THORP PELLINEN OLSON, INC. Exhibit A, Scope of Work, for Professional Services Agreement for Construction Surveying, Ground Storage Reservoir Project 187035 HTPO—Page 2 of 2 RE: Eden Prairie GSR—Eden Prairie, MN June 26, 2019 ASSUMPTIONS This proposal has been based on the following items: • The construction plans will be provided to us in a CAD format. • A signed set of civil plans will be provided to us with enough information to accurately layout the new features. • Re-staking will be billed hourly as an additional service. SCHEDULE We will need a 5 day notice for the first time stakes are needed. Please give us a 48 hour notice for regularly scheduled work.All work is assumed to be performed in 2019-2020. COMPENSATION Compensation for those items described in the Scope of Services is hourly not to exceed and estimated as follows: Services Fee 1.Construction Staking $36,000.00 2. Post Construction Asbuilts $4,000.00 Total $40,000.00 PAYMENTS Invoices will be submitted based on actual hours worked using a 2.4 multiplier times direct personal expense, and reimbursable expenses incurred (printing, courier, and other out-of-house documents and fees). We will keep you informed of our work progress and the above fee estimate will not be exceeded without prior approval from your office. We invoice our services monthly payable within 30 days. Sincerely, HANSEN THORP PELLINEN OLSON, INC. Tim Sorenson, PLS Laurie A.Johnson, P Land Survey Manager President CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda July 16, 2019 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 19824 ITEM NO.: Patrick Sejkora Approve a Standard Agreement for Professional VIII.H. Public Works/Engineering Services with Hansen Thorp Pellinen Olson, Inc. (HTPO) for Deerfield Trail Improvements Requested Action Move to: Approve a Standard Agreement for Professional Services with HTPO for Engineering Services for the Deerfield Trail Improvements. Synopsis The attached professional services agreement is for engineering services required to design drainage and street improvements for Deerfield Trail and Green Ridge Drive. Background Information This project aims to improve drainage at the intersection of Deerfield Trail and Green Ridge Drive. The streets have deteriorated due to poor soils, high groundwater, frequent sump pump discharges, and flat street grading. Both streets are proposed for rehabilitation in 2020. This project will aim to improve drainage at the intersection and along Deerfield Trail through a new storm sewer, sump pump connections, and improvements to curb and gutter. Additionally, the project will determine a pavement design for the street rehabilitation. The work will also consist of any necessary permitting through the Riley Purgatory Bluff Creek Watershed District. The drainage and curb and gutter improvements are anticipated to be complete by the fall of 2019, with the street rehabilitation in 2020. Financial Implications The project will be funded with the Capital Improvement Plan. Attachment Agreement with Exhibit A - Scope of Work 2017 06 01 Agreement for Professional Services This Agreement ("Agreement") is made on the 16th day of July , 2019, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Hansen, Thorp, Pellinen, Olson, Inc._ ("Consultant"), a Minnesota corporation (hereinafter "Consultant") whose business address is _7510 Market Place Drive, Eden Prairie, MN 55344 . Preliminary Statement The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of professional services by Consultant for engineering design services for the Deerfield Trail drainage and street Improvements_hereinafter referred to as the "Work". The City and Consultant agree as follows: 1. Scope of Work. The Consultant agrees to provide the professional services shown in Exhibit A ( Scope of Work ) in connection with the Work. Exhibit A is intended to be the scope of service for the work of the Consultant. Any general or specific conditions, terms, agreements, consultant or industry proposal, or contract terms attached to or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any manner. 2. Term. The term of this Agreement shall be from July 16, 2019 through _October 31, 2020 the date of signature by the parties notwithstanding. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated. 3. Compensation for Services. City agrees to pay the Consultant on an hourly basis plus expenses in a total amount not to exceed $_45,000_ for the services as described in Exhibit A. a. Any changes in the scope of the work which may result in an increase to the compensation due the Consultant shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. Version 2017 06 01 b. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City. c. If Consultant is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. 4. City Information. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services: a. Access to the Area. Depending on the nature of the Work, Consultant may from time to time require access to public and private lands or property. As may be necessary, the City shall obtain access to and make all provisions for the Consultant to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work. b. Consideration of the Consultant's Work. The City shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Consultant, and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the Consultant. c. Standards. The City shall furnish the Consultant with a copy of any standard or criteria, including but not limited to, design and construction standards that may be required in the preparation of the Work for the Project. d. City's Representative. A person shall be appointed to act as the City's representative with respect to the work to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the services provided or materials, equipment, elements and systems pertinent to the work covered by this Agreement. 5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an itemized invoice for professional services performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City for: a. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall indicate for each employee, his or her name, job title, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Consultant shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Consultant shall provide an itemized listing and such Page 2 of 10 2017 06 01 documentation as reasonably required by the City. Each invoice shall contain the City's project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract. b. Suspended Work. If any work performed by the Consultant is suspended in whole or in part by the City, the Consultant shall be paid for any services set forth on Exhibit A performed prior to receipt of written notice from the City of such suspension. c. Payments for Special Consultants. The Consultant shall be reimbursed for the work of special consultants, as described herein, and for other items when authorized in writing by the City. d. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." 6. Project Manager and Staffing. The Consultant shall designated a Project Manager and notify the City in writing of the identity of the Project Manager before starting work on the Project. The Project Manager shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Consultant may not remove or replace the Project Manager without the approval of the City. 7. Standard of Care. Consultant shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Consultant shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Consultant's breach of this standard of care. Consultant shall put forth reasonable efforts to complete its duties in a timely manner. Consultant shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Consultant shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 8. Termination. This Agreement may be terminated by either party by seven (7) days written notice delivered to the other party at the address written above. Upon termination under this provision, if there is no fault of the Consultant, the Consultant shall be paid for services rendered and reimbursable expenses until the effective date of termination. If however, the City terminates the Agreement because the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant, and the City may retain another consultant to undertake or complete the Work identified herein. Page 3 of 10 2017 06 01 9. Subcontractor. The Consultant shall not enter into subcontracts for services provided under this Agreement except as noted in the Scope of Work, without the express written consent of the City. The Consultant shall pay any subcontractor involved in the performance of this Agreement within ten (10) days of the Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. If the Consultant fails within that time to pay the subcontractor any undisputed amount for which the Consultant has received payment by the City, the Consultant shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Consultant shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Consultant shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 10. Independent Consultant. Consultant is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Agreement, who shall be employees, and under the direction, of Consultant and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Consultant an employee of the City. 11. Insurance. a. General Liability. Prior to starting the Work, Consultant shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Consultant or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. b. Consultant shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker's Compensation Statutory Limits Employer's Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General $1,000,000 property damage and bodily Liability injury per occurrence $2,000,000 general aggregate $2,000,000 Products—Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Page 4 of 10 2017 06 01 Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products- completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. d. Professional Liability Insurance. In addition to the coverages listed above, Consultant shall maintain a professional liability insurance policy in the amount of $2,000,000. Said policy need not name the City as an additional insured. It shall be Consultant's responsibility to pay any retention or deductible for the professional liability insurance. Consultant agrees to maintain the professional liability insurance for a minimum of two (2) years following termination of this Agreement. e. Consultant shall maintain "stop gap" coverage if Consultant obtains Workers' Compensation coverage from any state fund if Employer's liability coverage is not available. f. All policies, except the Worker's Compensation Policy, Automobile Policy, and Professional Liability Policy, shall name the "City of Eden Prairie" as an additional insured including products and completed operations. g. All policies, except the Professional Liability Policy, shall apply on a "per project" basis. h. All General Liability policies, Automobile Liability policies and Umbrella policies shall contain a waiver of subrogation in favor of the City. i. All policies, except for the Worker's Compensation Policy and the Professional Liability Policy, shall be primary and non-contributory. j. All polices, except the Worker's Compensation Policy, shall insure the defense and indemnity obligations assumed by Consultant under this Agreement. The Professional Liability policy shall insure the defense and indemnity obligations assumed by Consultant under this Agreement except with respect to the liability for Page 5 of 10 2017 06 01 loss or damage resulting from the negligence or fault of anyone other than the Consultant or others for whom the Consultant is legally liable. k. Consultant agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City's written acceptance of the Work. 1. It shall be Consultant's responsibility to pay any retention or deductible for the coverages required herein. m. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days' prior notice to the City, except that if the cancellation or non-renewal is due to non-payment, the coverages may not be terminated or non- renewed without ten(10) days' prior notice to the City. n. Consultant shall maintain in effect all insurance coverages required under this Paragraph at Consultant's sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-,unless specifically accepted by City in writing. o. A copy of the Consultant's Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Consultant's Work. Upon request a copy of the Consultant's insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Consultant has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Consultant of any deficiencies in such documents and receipt thereof shall not relieve Consultant from, nor be deemed a waiver of, City's right to enforce the terms of Consultant's obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. p. Effect of Consultant's Failure to Provide Insurance. If Consultant fails to provide the specified insurance, then Consultant will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City(including sole negligence) and regardless of the extent to which the underlying occurrence (i.e.,the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that Page 6 of 10 2017 06 01 this indemnity shall be construed and applied in favor of indemnification. Consultant also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Consultant to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Consultant's insurance company. Consultant will take the action required by the City within fifteen(15) days of receiving notice from the City. 12. Indemnification. Consultant will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney's fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Consultant, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Consultant, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Consultant harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 13. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement ("Information") shall become the property of the City, but Consultant may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Consultant also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Agreement ("Project") does not relieve any liability on the part of the Consultant, but any use of the Information by the City or the Consultant beyond the scope of the Project is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 14. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in Page 7 of 10 2017 06 01 the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof GENERAL TERMS AND CONDITIONS 15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 16. Compliance with Laws and Regulations. In providing services hereunder, the Consultant shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 17. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. 18. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. 19. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 20. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to termination of this Agreement and for one (1) year thereafter, without prior written consent of the former employer in each case. 21. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Agreement or thereafter of any of the rights or remedies of the City under this Agreement. 22. Entire Agreement, Construction, Application and Interpretation. This Agreement is in furtherance of the City's public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Contract shall be valid only when expressed in writing and duly signed by the parties,unless otherwise provided herein. Page 8 of 10 2017 06 01 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Non-Discrimination. During the performance of this Agreement, the Consultant shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Consultant shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Consultant shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Consultant further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 25. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Agreement if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 26. Rights and Remedies. The duties and obligations imposed by this Agreement and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 27. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City. 28. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 29. Statutory Provisions. a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the Consultant or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement. Page 9 of 10 2017 06 01 b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Consultant under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. This Agreement is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Consultant in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the Data Practice Act and Consultant shall comply with those requirements as if it were a government entity. All subcontracts entered into by Consultant in relation to this Agreement shall contain similar Data Practices Act compliance language. 30. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager CONSULTANT By: Its: Page 10 of 10 2017 06 01 Z p J Engineering•Surveying ;1 Landscape Architecture EXHIBIT A July 10, 2019 Mr. Patrick Sejkora City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 RE: Deerfield Trail Dear Patrick, HTPO is pleased to provide this proposal for Civil Engineering services for the Deerfield Trail project. Our understanding is that the City would like to construct drainage improvements to improve deteriorating roadway conditions and localized flooding issues along Deerfield Trail both east and west of Green Ridge Drive.The goal of this project is to prevent the need for a full reconstruction of the entire street corridor, and provide creative solutions to improve the subgrade conditions for long term pavement stability. SCOPE OF SERVICES We propose to provide the following services: A. Preliminary Design—HTPO will work with City staff to evaluate and design storm sewer improvements along Deerfield Trail and at the intersection with Green Ridge Drive. Improvements may require roadway reconstruction and curb and gutter replacement for new storm drains at Green Ridge Drive connecting to an existing drainage system in the cul-de-sac to the east. Design tasks include: • Evaluation of drainage alternatives, including residential sump discharge collection, to meet City and Watershed requirements within existing ROW. • Coordination with Geotechnical Engineer(separately contracted by City) to establish a plan for drainage improvements and pavement rehabilitation. • Preliminary plan preparation for grading, erosion control, storm sewer, storm water management, and street improvements. Includes Cost Estimating. • Up to two (2)meeting/site walkthrough with City staff and one (1)neighborhood meeting. 7510 Market Place Drive Eden Prairie, MN 55344 Phone: 952-829-0700 Fax: 952-829-7806 www.htpo.com HANSEN THORP PELLINEN OLSON, INC. Page 2 of 3 RE: Deerfield Trail July 10, 2019 B. Construction Documents—Includes final design drawings and specifications for contractor bidding.This includes preparation of storm sewer and pavement/curb improvement plans, erosion &sediment control plans and construction details. Includes stormwater management, SWPPP, and watershed permit submittal. C. Bid Administration - Includes plan distribution, answering contractor's questions, attendance at bid opening, review of bids and tabulation, and letter of recommendation. ASSUMPTIONS • Wetland mitigation will not be required. • Geotechnical engineer will be contracted directly through the City. • Disturbance will be limited to the existing Right-of-Way. • Street elevations will remain unchanged other than minor adjustments to the curb lines at the intersection with Green Ridge Dr for proper drainage to new drainage structures. • Street and drainage improvements will be incorporated into one bid package. SCHEDULE We will commence our work upon your authorization to proceed. This proposal will remain valid for ninety days. We assume that this work will occur in 2019. COMPENSATION Compensation for those items described in the Scope of Services above are estimated as follows: Services Fee A. Preliminary Design $ 20,000 B. Construction Documents $ 21,000 C. Bid Administration $ 2,500 D. Reimbursables $ 1,500 Total Fees and Expenses $45,000 Page 3 of 3 RE: Deerfield Trail July 10, 2019 Invoices will be submitted based on actual hours worked using a 2.4 multiplier times direct personal expense, and reimbursable expenses incurred (printing, courier,and other out-of-house documents and fees). We will keep you informed of our work progress and the above fee estimate will not be exceeded without prior approval from your office. We invoice our services monthly payable within 30 days. If you have any questions or need additional information please do not hesitate to contact us. Thank you for this opportunity to provide our services. Sincerely, HANSEN THORP PELLINEN OLSON, INC. cY0i,_...• a. Aaron Carrell, PE Laurie A.Johnso , P.E. Project Engineer President CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar July 16, 2019 DEPARTMENT/DIVISION: ITEM DESCRIPTION: IC # 18839 ITEM NO.: Paul Schlueter Reject bids for the City Yard Waste Drop Off VIII.I. Public Works/Engineering Improvement Project. Requested Action Move to: Reject bids for the City Yard Waste Drop Off Improvement Project IC # 18839. Synopsis Bids were received on Thursday, July 11, 2019 for this project. Two bids were received from Meyer Contracting, Inc. ($1,417,611.27) and Northwest ($1,077,520.25). The low bid was 25% higher than the engineer's estimate. The estimated cost established by HTPO Engineering was $862,792.50. Based on the combined factors of an unfavorable bidding climate, low labor availability, receiving only two bids and bid being substantially higher than the estimate, staff recommends rejecting bids and rebidding the project with a revised scope in late 2019 or early 2020. Background Information This project will include site improvements at the City's Maintenance Outdoor Storage Site (MOSS) facility to construct a yard waste drop off area that will include a small attendant building and a new gated entrance for City resident access and use. The project also includes drive and turn lane improvements to Flying Cloud Drive (County Road 61) that are necessary to provide safe and convenient access to the site. Project Cost Summary The project will be funded with Capital Maintenance and Reinvestment Funds, Storm Water Enterprise Funds and Waste Water Enterprise Funds. Attachment None CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar July 16, 2019 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Robert Ellis Standard Small Wireless Facility Collocation VIII.J. Public Works Agreement with Verizon Wireless LLC. Requested Action Move to: Approve Standard Small Wireless Facility Collocation Agreement with Verizon Wireless LLC. Background Information Small cell technology is becoming increasingly necessary to provide the public with adequate mobile cellular service. Small cell facilities work as a companion to large mobile macro sites traditionally scene on water towers, high-rise buildings or stand alone antennae. Small cells sites help offload targeted traffic from a mobile network by providing the first and last 1,000 feet of transmission. Small cell sites are then connected via fiber optics to macro sites where the transmission can go global. Small cell sites also provide a connection in dark areas that lack coverage, or in high traffic areas that need additional support infrastructure. Synopsis Pursuant to state legislation passed during the 2017 session and recent action taken the Federal Communications Commission, wireless carriers cannot be denied access to the right-of-way for small wireless installations and may collocate on existing city, county, state and private utility structures. The City may require a user who desires to collocate facilities on existing City-owned structures to enter into a "collocation agreement"that sets forth terms and conditions of use. Under the Standard Small Wireless Facility Collocation Agreement, Verizon is required to submit all plans to the City for approval before installing any facility and must comply with other terms and conditions associated with aesthetics, maintenance of facilities, removal for reconstruction, etc. Verizon will pay a maximum allowed annual lease and maintenance fee of$175.00 to the City for each facility collocated on a city structure. This new agreement conforms to state and federal rules that were promulgated in 2017 and 2018 that granted broad authority for wireless providers wanting to install small wireless facilities in the right-of-way. Attachment Standard Small Wireless Facility Collocation Agreement STANDARD SMALL WIRELESS FACILITY COLLOCATION AGREEMENT This Standard Small Wireless Facility Collocation Agreement (the "Agreement") made this day of , 20 , between the City of Eden Prairie, Minnesota, with its principal offices located at 8080 Mitchell Road,Eden Prairie,MN 55344,hereinafter designated CITY,and Verizon Wireless(VAW)LLC d/b/a Verizon Wireless,with its principal offices located at One Verizon Way, Mail Stop 4AW100, Basking Ridge,New Jersey 07920 (telephone number 866-862-4404),hereinafter designated USER. CITY and USER are at times collectively referred to hereinafter as the"Parties"or individually as the "Party." WITNESSETH WHEREAS, CITY is the owner of, or holds a leasehold or other possessory interest in, certain wireless support structures, which are located within the geographic area of a license to provide wireless services licensed by the Federal Communications Commission; and WHEREAS, USER desires to collocate small wireless facilities in and/or upon certain of CITY'S wireless support structures located within the public right-of-way("ROW")and/or install new CITY-owned wireless support structures in the ROW; and WHEREAS, USER acknowledges that CITY will permit USER to install a new CITY- owned wireless support structure in the ROW for purposes of collocating small wireless facilities on such structure only if CITY determines, in its sole discretion, that such new structure is necessary for street lighting or other CITY purposes; and WHEREAS, CITY and USER desire to enter into this Agreement to define the general terms and conditions which govern their relationship with respect to particular sites at which USER may collocate the small wireless facilities as hereinafter set forth; and WHEREAS, CITY and USER acknowledge that they will enter into a supplement to this Agreement("Supplement"), a copy of which is attached hereto as Exhibit A,with respect to each particular location or site which CITY agrees to permit collocation. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the adequacy and sufficiency of which is hereby acknowledged, the parties hereto, for themselves, their successors and assigns, do hereby covenant and agree as follows: I. DEFINITIONS For purposes of this Agreement,the following terms shall have the following definitions: a. "Collocate" or "collocation": to install, mount, maintain, modify, operate, or replace a small wireless facility on, under, within, or adjacent to an existing wireless support structure that is owned by the CITY. b. "Equipment": wireless facilities and small wireless facilities, as those terms are defined in this Agreement. 1 4578280v2 c. "Small wireless facility": (1) a wireless facility that meets both of the following qualifications: (i) each antenna is located inside an enclosure of no more than six cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all its exposed elements could fit within an enclosure of no more than six cubic feet; and (ii) all other wireless equipment associated with the small wireless facility, excluding electric meters, concealment elements, telecommunications demarcation boxes, battery backup power systems, grounding equipment, power transfer switches, cutoff switches, cable, conduit, vertical cable runs for the connection of power and other services,and any equipment concealed from public view within or behind an existing structure or concealment, is in aggregate no more than 28 cubic feet in volume; or (2) a micro wireless facility. d. "Utility pole": a pole that is used in whole or in part to facilitate telecommunications or electric service. e. "Wireless facility": (1) equipment at a fixed location that enables the provision of wireless services between user equipment and a wireless service network, including: (i) equipment associated with wireless service; (ii) a radio transceiver,antenna,coaxial or fiber-optic cable,regular and backup power supplies, and comparable equipment, regardless of technological configuration; and (iii) a small wireless facility. (2) "Wireless facility"does not include: (i) wireless support structures; (ii) wireline backhaul facilities; or (iii) coaxial or fiber-optic cables (i) between utility poles or wireless support structures, or (ii) that are not otherwise immediately adjacent to or directly associated with a specific antenna. 2 4578280v2 f. "Micro wireless facility": a small wireless facility that is no larger than 24 inches long, 15 inches wide, and 12 inches high, and whose exterior antenna,if any,is no longer than 11 inches. g. "Wireless service": "Wireless service" means any service using licensed or unlicensed wireless spectrum, including the use of Wi-Fi, whether at a fixed location or by means of a mobile device, that is provided using wireless facilities. Wireless service does not include services regulated under Title VI of the Communications Act of 1934, as amended, including a cable service under United States Code, title 47, section 522, clause (6). h. "Wireless support structure": a new or existing structure in a public right-of-way designed to support or capable of supporting small wireless facilities,as reasonably determined by the CITY. i. "Wireline backhaul facility": a facility used to transport communications data by wire from a wireless facility to a communications network. II. USER REQUEST TO USE PREMISES a. Before USER shall collocate any Equipment on CITY'S wireless support structures or install a new CITY-owned wireless support structure, as shall be more fully described in each Supplement to be executed by the Parties, hereinafter referred to as the "Premises" under this Agreement, USER shall request permission from CITY in writing, which writing shall include a draft Supplement, and shall comply with the procedures set forth in this section. b. USER may submit a consolidated request to CITY for permission to collocate up to fifteen (15) small wireless facilities, provided that the small wireless facilities in the consolidated request: (1) are located within a two-mile radius; (2) consist of substantially similar equipment; and (3) are to be placed on similar types of wireless support structures. Such consolidated request shall include a separate draft Supplement for each small wireless facility. c. Approval of this Agreement by CITY shall be in the form of an approved City Council Resolution.Following said approval of this Agreement, each individual Supplement may be approved by the City Manager or his/her designee. d. USER shall have the non-exclusive right, at its sole cost and expense, to use the Premises, as identified in each individual approved Supplement, for the purpose of collocating equipment on CITY's wireless support structure(s)or installing new CITY-owned wireless support structure(s) and uses incidental thereto,in a manner consistent with each Supplement("Approved Use"). e. Regarding USER's application for each individual Supplement: If,in the judgment of CITY,USER's proposed use of any existing CITY-owned wireless support structure under the circumstances is contrary to generally applicable and reasonable health, safety, and welfare concerns, CITY shall have the right to reject the application.If USER's application seeks to install a new CITY-owned wireless support structure and CITY determines,in its sole discretion,that the new CITY-owned structure is not necessary or desirable, CITY shall have the right to reject the 3 4578280v2 application.In any event,within sixty(60)days for collocations or ninety(90)days for new CITY- owned wireless support structures after the receipt of such application CITY shall notify USER in writing whether the application is approved or rejected and, if rejected, shall document the basis for the rejection. If CITY does not notify USER within sixty (60) days for collocations or ninety (90) days for new CITY-owned wireless support structures the application shall be deemed approved. USER shall use the Premises only in accordance with good engineering practices and in compliance with all applicable Federal Communications Commission("FCC"), federal, state, and local rules,laws and regulations. f. Along with each application for an individual Supplement, USER shall furnish CITY detailed Construction Plans and drawings for each individual Premises, together with necessary maps, indicating specifically the wireless support structures of CITY to be used, the number and character of the small wireless facilities to be placed on such structures, Equipment necessary for USER's use, replacements of existing wireless support structures, any additional wireless support structures which may be required, and any new installations for transmission conduit,pull boxes, and appurtenances (the"Work"). The Parties shall execute a Supplement for each Premises.Upon execution of the Supplement,USER shall have the right to use the Premises and proceed with the Work in accordance with the terms of the Supplement and this Agreement. USER shall perform all Work at its own expense and in such manner as to not interfere with CITY's use of the Property or the Premises. g. All wireless support structures used by USER under this Agreement,including new CITY-owned wireless support structures installed by USER with CITY's permission, shall be and remain the property of CITY, and any payments made by USER for changes to existing wireless support structures, conduits, conductor pull boxes, facilities, and appurtenances, or installation of any new wireless support structures, conduits, conductor pull boxes, facilities, or appurtenances, under this Agreement shall not entitle USER to ownership of any of said infrastructure (unless otherwise specified in the individual Supplement supplement). h. CITY reserves the right to exclude any of CITY's wireless support structures, conduits, conductor pull boxes, appurtenances, public ROW and/or real property from use by USER if CITY determines that USER's proposed use is contrary to generally applicable and reasonable health, safety, and welfare regulations. III. PREMISES. Pursuant to all of the terms and conditions of this Agreement, and the applicable Supplement, CITY may approve USER's application for a particular Premises described in the Supplement, for the installation, operation and maintenance of Equipment;together with the non- exclusive right of ingress and egress from a public ROW, seven(7) days a week,twenty-four(24) hours a day,over the Property(as defined below)to and from the Premises.The entirety of CITY's ROW and real property is referred to herein as the"Property". The primary use and purpose of the Property, inclusive of the Premises, is to provide for traffic control, street lighting and other governmental purposes ("Primary Use"). CITY's operations take priority over USER's operations. 4 1 4578280v2 USER agrees that the following priorities of use, in descending order, shall apply in the event of communication interference, emergency public safety needs, Premises repair or reconditioning, or other conflict while this Agreement is in effect, and USER's use shall be subordinate accordingly: (1) CITY, its employees,agents and contractors; (2) Public safety agencies, including law enforcement, fire, and ambulance services, that are not related to CITY; (3) Other governmental agencies where use is not related to public safety; (4) Pre-existing licensees or permittees of CJTY(if any); (5) USER referenced in this Agreement. When an event occurs that poses an immediate threat of substantial harm or damage to the health, safety and welfare of the public and/or the Property/Premises, as solely determined by CITY("Jeopardy"),the CITY may take actions the CITY determines are required to address such Jeopardy provided that promptly after such actions that affect the Premises, and in no event later than seventy-two (72) hours after such actions, CITY gives written notice to USER of CITY's emergency actions. If CITY determines that the conditions of a Jeopardy would be benefited by cessation of USER's operations, USER shall immediately cease its operations on the Premises upon notice from CITY to do so, and the Term (as defined herein) of the applicable Supplement shall be suspended until the conditions of Jeopardy have ended. In the event there are not sufficient electric,telephone,cable,or fiber utility sources located at the Premises or on the Property, USER may request approval from the CITY, by submitting to CITY a written plan for installation,to install such utilities on,over and/or under the Property and to the Premises as necessary for USER to operate in accordance with its Approved Use. CITY shall, in its sole discretion,notify USER that it approves, denies or modifies the plan within thirty (30)business days of receipt of the same, and in the case of any denial or modification CITY shall state the reasons therefor. - USER must,at the time of application and at any future time as requested by CITY,obtain and submit to CITY a structural engineering study carried out by a qualified structural engineer, showing that the wireless support structure(s) is (are) able to support the Equipment. Said study must be signed by an engineer licensed in Minnesota per State Rule 1800.4200 and Minnesota Statutes Chapter 326. If the study finds that any proposed structure is inadequate to support the proposed loads, USER shall not install the Equipment and the approval for the Premises at issue shall terminate. IV. INSTALLATION OF EQUIPMENT a. Construction Plans 5 4578280v2 For the initial installation of all Equipment and for any and all subsequent revisions and/or modifications thereof, or additions thereto, at the time of application for each individual Supplement shall provide CITY with two (2) sets of construction plans ("Construction Plans") consisting of the following: Line or CAD drawings showing the location and materials of all planned installations plus an Engineer's Estimate of all materials and construction methods; Construction Specifications and Product Specifications for all planned installations; Diagrams and Shop Drawings of proposed Equipment; A complete and detailed inventory of all Equipment and other personal property of USER actually placed on the Premises. CITY retains the right to survey the installed Equipment. Construction Plans shall be easily readable and subject to prior written approval by CITY, which shall not be withheld, conditioned or delayed without cause. In accordance with Section ILe, above, CITY shall have sixty(60) days for collocations and ninety(90)days for new wireless support structures to review and comment on the Construction Plans. If,within such time periods, CITY directs that the Construction Plans need to be revised to comply with Laws including generally reasonable health, safety and welfare regulations,no construction shall commence until final approval is granted by CITY. Final Construction Plans shall have affixed to them the signature of USER's engineer who shall be licensed in the State of Minnesota pursuant to Minnesota Rule 1800.4200 and Minnesota Statutes Chapter 326. b. Construction Scheduling At least ten (10) business days prior to USER's construction mobilization, USER shall conduct a meeting on the Property or other location as agreed upon. Said meeting shall at a minimum be attended by a representative of CITY and all parties involved in the installation. c. Construction Inspection All construction activity shall be subject to inspection and approval by CITY. Inspection may be performed at any time during the course of the construction activity reasonably determined by CITY, at USER's expense. Construction work performed without approval of CITY will not be accepted and shall be removed or uninstalled at USER's sole expense. USER shall be solely responsible for all costs associated with said inspection and approval of Work by CITY. d. Exposed Equipment All Equipment affixed to a wireless support structure on the Premises which has exterior exposure shall be as close to the color of the structure as is commercially available to the USER. For exposed cables, wires or appurtenances, CITY reserves the right to require USER to provide cables, wires or appurtenances in manufactured colors which are commercially available, in lieu of painting. e. Damage by USER 6 4578280v2 Any damage to the Property, the Premises, or CITY's wireless support structures or equipment thereon caused by USER in any manner shall be repaired or replaced at USER's expense and to CITY's satisfaction. f. As-Built Drawings Within thirty (30) days after USER activates the Equipment, USER shall provide CITY with an As-Built drawing in electronic file format compatible with CITY's record file system consisting of As-Built drawings of the Equipment installed at the Premises and on any of the Property, which shall show the actual location of all Equipment. Said drawings shall be accompanied by a complete and detailed site survey of the Property and an inventory of all Equipment. g. Permits USER may also be required to obtain from CITY, or the appropriate governing agency as applicable,any and all permits required for a complete installation. Said permits shall include,but not be limited to:Right of Way permit for obstruction or excavation of the ROW,Meter flooding, Storm Water, etc. Applicable fees for any permits shall be borne by USER and USER shall be bound by the requirements of said permits. h. New Wireless Support Structures If CITY permits USER to install a new wireless support structure in the ROW, such wireless support structure shall not exceed fifty (50) feet above ground level, subject to local zoning regulations, and shall be separated from other wireless support structures by a minimum of 300 feet, unless otherwise approved by CITY. If CITY permits USER to install a new wireless support structure that replaces an existing wireless support structure that is higher than fifty (50) feet above ground level, the replacement structure may be placed at the height of the existing structure. i. Routine Maintenance or Replacement Notwithstanding anything herein to the contrary, USER may, without the approval of the CITY, perform routine maintenance, or replace any part of USER's small wireless facility on the Property with a facility that is substantially similar or smaller in size, weight,height, and wind or structural loading than the small wireless facility being replaced. If such routine maintenance or replacement activities will obstruct the ROW,USER shall provide notification to the CITY at least ten(10)days in advance of such activities. V. MAINTENANCE AND REPAIR OF EQUIPMENT a. Property CITY reserves the right to take any action it deems necessary, in its sole discretion, to repair, maintain, alter, or improve the Property. b. Structure Reconditioning and Repair 7 4578280v2 (1) From time to time, CITY paints, reconditions, or otherwise improves or repairs the Property or wireless support structures or improvements thereon ("Reconditioning Work"). CITY shall reasonably cooperate with USER to carry out Reconditioning Work in a manner that minimizes interference with USER's Approved Use. (2) Except in cases of emergency,prior to commencing Reconditioning Work, CITY shall provide USER with not less than thirty (30) days prior written notice thereof. Upon receiving such notice, it shall be the sole responsibility of USER to provide adequate measures to cover or otherwise protect the Equipment from the consequences of such activities, including but not limited to paint and debris fallout. CITY reserves the right to require USER to remove all Equipment during Reconditioning Work. (3) During CITY's Reconditioning Work, and after approval by CITY in its sole discretion, USER may maintain a mobile site on the Premises or on any land owned or controlled by CITY in the immediate area of the Premises determined suitable by CITY. If the Premises will not accommodate mobile equipment, it shall be USER's responsibility to locate auxiliary sites. (4) USER may request a modification of CITY'S procedures for carrying out Reconditioning Work in order to reduce the interference with USER's Approved Use. If CITY agrees to the modification, USER shall be responsible for all incremental cost related to the modification. • c. Premises USER shall, at its own cost and expense, maintain the Equipment in good and safe condition, and in compliance with applicable fire, health, building, and other life safety codes. USER shall obtain from CITY any and all permits required for the purposes of maintaining the Equipment. Applicable fees for any permits shall be borne by USER and USER shall be bound by the requirements of said permits. d. Notice of completion of Maintenance and Repair CITY shall provide notice to USER when the Reconditioning Work has been completed, after which USER may, at its own cost, remove any measures installed to cover of protect the Equipment. Within ten(10)days of said notice,USER shall remove any mobile site placed on the Premises or any other land owned by CITY or any auxiliary site within Eden Prairie. VI. CONDITION OF PREMISES. Where the Premises includes one or more CITY-owned wireless support structures, CITY will keep and maintain the wireless support structures in good repair as required for its Primary Use and in the ordinary course of business as its budget permits. CITY makes no guarantee as to the condition of any Premises with regard to USER's intended use. If CITY determines,in its sole discretion, that it is necessary to take down a CITY-owned wireless support structure on which USER's Equipment is located pursuant to this Agreement, USER shall remove its Equipment within thirty(30)days of CITY's written notice to do so. 8 4578280v2 VII. TERM; RENTAL. This Agreement shall be for a term often(10)years commencing upon the execution hereof by both Parties provided, however, that if the term of any Supplement is still in effect at the expiration of this Agreement, the terms and conditions of this Agreement shall continue to apply to that Supplement until its expiration as if this Agreement were still in effect. Each Supplement shall be effective as of the date of execution by both Parties (the "Effective Date"), provided however, the term of each Supplement shall commence based upon the date USER commences installation of the equipment on the Premises.In the event the date USER commences installation of the equipment on the Premises falls between the 1st and 15th of the month, the term of the Supplement shall commence on the 1st of that month and if the date installation commences falls between the 16th and 31st of the month, then the term shall commence on the 1st day of the following month (either the "Commencement Date"). On the Commencement Date of each Supplement, rental payments shall commence and be due at a total annual rental as set forth in each Supplement,to be paid to CITY as set forth below. CITY and USER acknowledge and agree that the initial rental payment for each Supplement may not actually be sent by USER until ninety (90)days after the Commencement Date. To reimburse CITY for its costs related to the management of the Premises, USER shall pay to CITY a Base Rent ("Base Rent") equal to One Hundred Seventy-Five and No/Dollars ($175.00) per year for rent and maintenance of each Premises (i.e., wireless support structure) upon which USER has installed the Equipment.USER shall obtain electrical service from the local utility.USER shall furnish and install an electrical meter at the Property,if required by the utility, for the measurement of electrical power used by the USER's installation and shall pay the electric service provider directly for the cost of electricity used by USER. On all Supplements with a Commencement Date other than January 1,the first year's Base Rent shall be prorated to the end of the year in which the Commencement Date occurs. Similarly, for all Supplements that expire or otherwise terminate on a date other than December 31,the Base Rent shall be prorated from the beginning of the year to the end of the month in which the Supplement expires or otherwise terminates. Subsequent to the initial payment of pro-rated rents in the year of the Commencement Date,the Base Rent due hereunder for all subsequent years shall be paid prior to January first(1st)of each succeeding year. The parties further acknowledge and agree that, pursuant to Minn. Stat. § 237.163, subd. 6, CITY may charge to USER, and USER shall pay to CITY, a reasonable fee in an amount to be determined by CITY when USER causes CITY to incur costs as a result of actions or inactions of USER. Upon agreement of the Parties,USER may pay Base Rent by electronic funds transfer and in such event,CITY agrees to provide to USER bank routing information for such purpose upon request of USER. VIII. EXTENSIONS. The term of each Supplement shall be equal to the length of time that the Equipment is in use, unless the Supplement is terminated pursuant to this Agreement. This Agreement may be 9 4578280v2 extended three (3) additional five (5) year terms by mutual agreement between CITY and USER. Any such extension shall be memorialized in writing. Absent an extension in writing this Agreement shall terminate at the end of the then current term. The initial term and all extensions under this Agreement or a Supplement shall be collectively referred to herein as the"Term." IX. USE; GOVERNMENTAL APPROVALS. USER shall use the Premises only for the Approved Use. It is understood and agreed that USER's permission to use the Premises is contingent upon its obtaining and maintaining all of the certificates,permits and other approvals (collectively the"Governmental Approvals")that may be required by any Federal, State or other governmental authorities as well as a satisfactory structural analysis, and a radio frequency analysis as stated in "ENVIRONMENTAL" below. CITY shall cooperate with USER in its effort to obtain such approvals.In the event that(i)any application for such Governmental Approvals should be fmally rejected; (ii) any Governmental Approval issued to USER is canceled, expires, lapses, or is otherwise withdrawn or terminated; or (iii) USER determines that such Governmental Approvals may not be obtained in a timely manner, USER shall have the right to terminate the applicable Supplement.Notice of USER's exercise of its right to terminate shall be given to CITY in accordance with the notice provisions set forth herein and shall be effective upon the later of: (a) the receipt of such notice as set forth in NOTICE below; (b) upon such later date as designated by USER; or (c) upon USER's removal of the Equipment as required herein. All rents and costs paid to said termination date shall be retained by CITY. Upon such termination, the applicable Supplement shall be of no further force or effect except to the extent of the representations, warranties and indemnities made by each Party to the other thereunder. Otherwise,the USER shall have no further obligations for the payment of rent to CITY for the terminated Supplement. X. INDEMNIFICATION. Except to the extent claims or damages are due to or caused by the negligence or willful misconduct of CITY not described in (ii), below, USER shall, to the extent permitted by law, indemnify, defend and hold CITY harmless against any claim of liability or loss from personal injury,death or property damage,in which the claim: (i)alleges a negligent or otherwise wrongful act or omission of USER, its employees, agents, or independent contractors in installing, maintaining, or repairing the Equipment or other use of the Property and/or the Premises, and alleges that CITY is liable,without alleging any independent negligent or otherwise wrongful act or omission on the part of CITY;or(ii)is based on CITY's negligent or otherwise wrongful act or omission in entering into this Agreement or in failing to properly or adequately inspect or enforce compliance with a term, condition, or purpose of this Agreement. XL INSURANCE. a. Notwithstanding any provision of this Agreement to the contrary, CITY and USER each hereby release and waive all rights of subrogation against the other, its officers, directors, employees and agents from any and all loss, damages or liability covered under any policy of insurance required to be maintained by this Agreement, including deductibles or retentions, notwithstanding that such loss, damages or liability may have arisen from the negligence,tortious act or omission of the other party, or anyone for whom such party may be responsible, provided 10 4578280v2 provision is effective onlyupon the condition that the applicable policyof insurance however this p pp which covers any such claim contains by endorsement a waiver of subrogation as to the other party. Each Party shall provide to the other upon execution hereof a Certificate of Insurance containing that contain an endorsement waiving subrogation as to the other Party b. USER agrees that at its own cost and expense, it will maintain commercial general liability insurance with limits of$4,000,000 per occurrence for bodily injury(including death)and property damage and $4,000,000 general aggregate. USER will provide Certificates of Insurance evidencing the coverage required and including CITY as an additional insured as its interest may appear under this Agreement.The insurance policies shall be issued by a company(rated A:VII or better by Best Insurance Guide) licensed, authorized or permitted to do business in the State of Minnesota. The policies shall specify that the coverage will be the primary and noncontributory. The policies shall also insure the indemnification obligation(s) contained in this Agreement and any Supplement. c. USER shall maintain worker's compensation insurance in compliance with the statutory requirements of the state in which the Premises is located and Employer's Liability with a limit of$1,000,000 each accident/disease/policy limit. d. USER shall maintain Commercial Automobile Liability with a limit of$1,000,000 combined single limit each accident, which shall include coverage for all owned, hired and non- owed vehicles. e. USER shall maintain"All-Risk"or"Special Cause of Loss"property insurance for fire, casualty, theft, vandalism, malicious mischief, etc. insuring the Equipment for not less than full replacement value. XII. LIMITATION OF LIABILITY. CITY shall not be liable to the USER, or any of its respective agents, representatives, employees for any lost revenue, lost profits, loss of technology, rights or services, incidental, punitive, indirect, special or consequential damages, loss of data, or interruption or loss of use of service, even if advised of the possibility of such damages, whether under theory of contract,tort (including negligence), strict liability or otherwise. XIII. ANNUAL TERMINATION. Notwithstanding anything to the contrary contained herein,provided USER is not in default hereunder beyond applicable notice and cure periods,USER shall have the right to terminate each Supplement upon the annual anniversary of the Commencement Date provided that three (3) months prior notice is given to CITY. Upon such termination,the applicable Supplement shall be of no further force or effect except the representations, warranties and indemnities made by each Party to the other thereunder shall survive and be enforceable after termination: Otherwise, the USER shall have no further obligations for the payment of rent to CITY for the terminated Supplement. XIV. INTERFERENCE. 11 4578280v2 USER agrees to install the Equipment of the type and frequency which will not cause interference which is measurable in accordance with then existing industry standards to any equipment of CITY or to other licensees of the Property which existed prior to the date this Agreement is executed by the Parties. In the event any of the Equipment causes such interference, and after CITY has notified USER in writing of such interference, USER will take all steps necessary to correct and eliminate the interference,including but not limited to,at CITY's option, powering down such Equipment and later powering up such Equipment for intermittent testing. XV. REMOVAL AT END OF TERM. USER shall,within ninety(90)days after any earlier termination of a Supplement,remove its Equipment, conduits,fixtures and all personal property and restore the Premises to its original condition, reasonable wear and tear excepted. CITY agrees and acknowledges that all of the Equipment, conduits, fixtures and personal property of USER shall remain the personal property of USER and USER shall have the right to remove the same at any time during the Term. All wireless support structures, conduit and pole boxes are and shall remain property of CITY. If at such time for removal USER fails to remove its equipment, CITY may remove the Equipment and draw upon USER's letter of credit to reimburse CITY for its costs as provided in the following paragraph. USER's failure to remove its equipment as provided in this paragraph shall also constitute a Default under this Agreement and entitle CITY to immediately exercise any of the remedies provided for in Article XXI. The Parties acknowledge and agree that USER has procured and delivered to CITY an irrevocable letter of credit ("Letter") in favor of CITY in the principal amount of Five Thousand and 00/100 Dollars ($5,000.00)to secure USER's obligation herein to remove the Equipment. In the event USER fails to remove the Equipment and restore the Property,reasonable wear and tear and casualty damage excepted,CITY may do so.USER shall reimburse CITY for all costs incurred by CITY in removing the Equipment and restoring the Property. CITY may draw upon the Letter in an amount that will reimburse CITY for its costs. Any amount remaining will be refunded to USER. If the Letter is insufficient to cover CITY's costs USER shall promptly pay to CITY the deficiency. XVI. NO REPRESENTATION OR WARRANTY- CONDITIONAL GRANT CITY makes no representation or warranty regarding the condition of its title to the Property or its right to grant to USER use or occupation thereof under this Agreement. The approval granted herein is "as is." USER is entering into this Agreement and USER's use of the Property is subject to USER's own investigation and acceptance. USER's rights granted pursuant to this Agreement are subject and subordinate to all limitations, restrictions, and encumbrances relating to CITY's interest in the Property that may affect or limit CITY's right to grant those rights to USER. XVIL ASSIGNMENT. This Agreement and each Supplement under it may be sold, assigned or transferred by USER without any approval or consent of CITY to the USER's principal, affiliates, subsidiaries of its principal or to any entity which acquires all or substantially all of USER'S assets in the market 12 4578280v2 defined by the FCC in which the Property is located by reason of a merger, acquisition or other business reorganization.As to other parties,this Agreement and each Supplement may not be sold, assigned or transferred without written consent of CITY, given in its sole discretion. USER shall provide written notice of all sales, assignments or transfers within 60 days thereof. No change of stock ownership, partnership interest, or, control of USER shall constitute an assignment hereunder. In the event of any sale, assignment or transfer, USER shall not be relieved of any of its obligations under this Agreement or any of the Supplements whose term has not expired or otherwise terminated at the time of such sale, assignment or transfer. XVIII.NOTICES. All notices hereunder must be in writing and shall be deemed validly given if sent by certified mail, return receipt requested or by commercial courier, provided the courier's regular business is delivery service and provided further that it guarantees delivery to the addressee by the end of the next business day following the courier's receipt from the sender, addressed as follows (or any other address that the Party to be notified may have designated to the sender by like notice): CITY: City of Eden Prairie Attn: City Engineer 8080 Mitchell Road Eden Prairie, MN 55344 USER: Verizon Wireless(VAW) LLC d/b/a Verizon Wireless Attn:Network Real Estate 180 Washington Valley Road Bedminster,New Jersey 07921 Notice shall be effective upon actual receipt or refusal as shown on the receipt obtained pursuant to the foregoing. XIX. RECORDING. CITY agrees to execute a Memorandum of each Supplement which USER may record with the appropriate recording officer. The date set forth in the Memorandum is for recording purposes only and bears no reference to commencement of either the Term or rent payments. XX. DEFAULT. In the event there is a breach by a Party with respect to any of the provisions of this Agreement or a Supplement or its obligations thereunder,the non-breaching Party shall give the breaching Party written notice of such breach. After receipt of such written notice, the breaching Party shall have thirty (30) days in which to cure any breach,provided the breaching Party shall have such extended period as may be required beyond the thirty (30) days if the breaching Party commences the cure within the thirty (30) day period and thereafter continuously and diligently 13 4578280v2 pursues the cure to completion. A Party's failure to cure a breach within the time period set forth herein shall constitute a"Default". XXI. REMEDIES. In the event of a Default by either Party, without limiting the non-defaulting Party in the exercise of any right or remedy which the non-defaulting Party may have by reason of such Default,the non-defaulting Party may terminate this Agreement and/or the applicable Supplement and/or may pursue any remedy now or hereafter available to the non-defaulting Party under the law of the State of Minnesota. Further, upon a Default, CITY may at its option (but without obligation to do so), perform USER's duty or obligation on USER's behalf, including but not limited to the obtaining of reasonably required insurance policies. The costs and expenses of any such performance by CITY shall be due and payable by USER upon invoice therefor. XXII. ENVIRONMENTAL. a. Upon Request of CITY, USER must obtain at USER's cost a radio frequency interference study carried out by an independent professional radio frequency engineer ("RF Engineer")showing that USER's use will not interfere with any existing,licensed communications facilities, or CITY's licensed and unlicensed communications facilities. The RF Engineer shall provide said evaluation to CITY and USER no later than thirty (30) days after frequencies are provided by CITY. USER shall not transmit or receive radio waves at the Property until such evaluation has been satisfactorily completed. b. Upon request of CITY, USER shall hire an RF Engineer to conduct a radiation survey of the Property following USER's initial RF transmissions on the Premises.USER shall be responsible for all costs of such survey. USER shall provide a copy of the survey to CITY upon its completion. c. USER shall implement all measures at the transmission site required by FCC regulations, including but not limited to posting signs and markings. CITY shall cooperate with and permit USER to implement all reasonable measures in order for USER to fulfill its FCC obligations. CITY agrees that in the event any future party causes the entire site to exceed FCC Radio Frequency radiation limits, as measured on the Premises, CITY shall hold such future party liable for all such later-arising non-compliance. XXIII.CASUALTY. In the event of damage by fire or other casualty to the wireless support structure or Premises that cannot reasonably be expected to be repaired within forty-five (45) days following same or which CITY elects not to repair,or if the wireless support structure or Property is damaged by fire or other casualty so that such damage may reasonably be expected to disrupt USER's operations at the Premises for more than forty-five (45) days, then USER may, at any time following such fire or other casualty,provided CITY has not completed the restoration required to permit USER to resume its operation at the Premises, terminate the Supplement upon fifteen (15) days prior written notice to CITY.Any such notice of termination shall cause the Supplement to expire with the same force and effect as though the date set forth in such notice were the date originally set as 14 4578280v2 the expiration date of the Supplement. The Base Rent shall abate during the period of repair following such fire or other casualty in proportion to the degree to which USER's use of the Premises is impaired. XXIV.APPLICABLE LAWS. USER shall,at USER's sole cost and expense, comply with(a) all Laws to the extent that they relate to USER's use of the Premises; and (b) all building codes requiring modifications to the Premises due to the improvements being made by USER in the Premises. It shall be CITY's obligation to comply with all Laws relating to the Premises in general. "Laws" means any and all laws, regulations, ordinances, resolutions, judicial decisions, rules, permits and approvals applicable to the subject of this Agreement or USER's use that are in force during the term of this Agreement, as lawfully amended. This Agreement does not limit any rights USER may have in accordance with Laws to install its own poles in the right of way or to attach USER's equipment to third-party poles located in the right of way. This Agreement shall in no way limit or waive either party's present or future rights under Laws. XXV. MISCELLANEOUS. This Agreement and the Supplements that may be executed from time to time hereunder contain all agreements,promises and understandings between the CITY and the USER regarding this transaction, and no oral agreement, promises or understandings shall be binding upon either the CITY or the USER in any dispute, controversy or proceeding. This Agreement may not be amended or varied except in a writing signed by all Parties. This Agreement shall extend to and bind the heirs, personal representatives, successors and assigns hereto. The failure of either party to insist upon strict performance of any of the terms or conditions of this Agreement or to exercise any of its rights hereunder shall not waive such rights and such party shall have the right to enforce such rights at any time.The performance of this Agreement via each Supplement shall be governed interpreted, construed and regulated by the laws of the state in which the Premises is located without reference to its choice of law rules. XXVI.CONDEMNATION. If the whole or any part of the Property shall be taken by any public authority under the power of eminent domain,or is sold to any entity having the power of eminent domain under threat of condemnation,then the term of this Agreement or the applicable Supplements shall cease as of the date of the granting of the petition or the date of taking or closing whichever is applicable. All rentals and costs paid to said termination date shall be retained by CITY,but any obligation to pay future rentals and costs shall cease.Any award, compensation,or damages, shall be paid to and be the sole property of CITY, but nothing herein shall preclude USER from claiming against the condemning authority with respect to moving expenses and loss of personal property, and receiving an award therefor. XXVII. DATA PRACTICES. This Agreement and the Supplements are subject to the Minnesota Government Data Practice Act,Minnesota Statutes Chapter 13 (Data Practices Act).All government data,as defined 15 4578280v2 in the Data Practices Act Section 13.02, Subd 7,which is created,collected,received,stored,used, maintained, or disseminated by USER in performing any of the functions of the CITY during performance of this Agreement or a Supplement is subject to the requirements of the Data Practice Act and USER shall comply with those requirements as if it were a government entity. Remainder of Page Intentionally Blank-Signatures on Following Page 16 4578280v2 IN WITNESS WHEREOF, the Parties hereto have set their hands and affixed their respective seals the day and year first above written. CITY: City of Eden Prairie By: Ronald A. Case,its Mayor Date: AND By: Rick Getschow,its City Manager Date: USER: Verizon Wireless(VAW) d/b/a Verizon Wireless By: Name • Title: D$ Network PicId Eareaieg- Date: �z��9 17 4578280v2 EXHIBIT"A" SUPPLEMENT TO STANDARD SMALL WIRELESS FACILITY COLLOCATION AGREEMENT 1. This Supplement to Standard Small Wireless Facility Collocation Agreement ("Supplement"), is made this day of , 20_ between the City of Eden Prairie, Minnesota, with its principal offices located at 8080 Mitchell Road, Eden Prairie, MN 55344 ("CITY"), and Verizon Wireless (VAW) LLC d/b/a Verizon Wireless, with its principal offices located at One Verizon Way, Mail Stop 4AW100, Basking Ridge, New Jersey 07920 ("USER"). • 2. Standard Small Wireless Facility Collocation Agreement. This Supplement is a Supplement as referenced in that certain Standard Small Wireless Facility Collocation Agreement between CITY and USER, dated , 20 , (the "Agreement"). All of the terms and conditions of the Agreement are incorporated herein by reference and made apart hereof without the necessity of repeating or attaching the Agreement. In the event of a contradiction, modification or inconsistency between the terms of the Agreement and this Supplement,the terms of this Supplement shall govern. Terms used in this Supplement shall have the same meaning described for them in the Agreement unless otherwise indicated herein. 3. Premises. The Property owned by CITY is located at ; the Premises approved by the CITY for USER's use hereunder is described on Exhibit"1" attached hereto and made a part hereof. 4. Term. The Commencement Date and the Term of this Supplement shall be as set forth in the Agreement. 5. Consideration. Annual Base Rent for this Supplement shall be$175,payable as set forth in the Agreement. USER shall obtain electrical service directly from a utility as provided in the Agreement. 6. Ownership and Maintenance. The following shall be owned and maintained by CITY: . The following shall be owned and maintained by USER: 7. Site Specific Terms. (Include any site-specific terms) [Remainder of Page Intentionally Blank-Signatures on Following Page] 18 4578280v2 IN WITNESS WHEREOF, the Parties hereto have set their hands and affixed their respective seal the day and year first above written. CITY: City of Eden Prairie By: [EXHIBIT ONLY-NOT FOR EXECUTION] Print Name: Title: Date: USER: Verizon Wireless (VAW)LLC d/b/a Verizon Wireless By: [EXHIBIT ONLY-NOT FOR EXECUTION] Print Name: Title: Date: 19 4578280v2 EXHIBIT 1 Premises(Include Map, Wireless Support Structure Diagram, Site Plan and Table Listing All Wireless Support Structure Locations) 20 4578280v2 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar July 16, 2019 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Police Department Transfer of Retired Canine to Officer VIII.K. Greg Weber, Police Chief Requested Action Move to: Transfer of Retired Canine to Officer. Synopsis The Police Department determined it was the appropriate time to retire the canine. Ownership of the canine will be transferred to the officer. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar July 16, 2019 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Chief Greg Weber Consider the request for a Therapeutic VIII.L. Police Department Massage Enterprise license to Royalty LLC d/b/a JF Spa and two related Massage Therapist license applications Requested Action Consider the request for a Therapeutic Massage Enterprise license to Royalty LLC d/b/a JF Spa and Massage Therapist licenses to Guirong Ye and Ke Sun. Synopsis The City received an application from Royalty LLC d/b/a JF Spa for a Therapeutic Massage Enterprise license to do business in the City of Eden Prairie along with applications for individual massage therapist licenses from Guirong Ye and Ke Sun. 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 Royalty LLC d/b/a JF Spa from receiving a Therapeutic Massage Enterprise license and Guirong Ye and Ke Sun from receiving an individual Massage Therapist license per City of Eden Prairie ordinance requirements. 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 ROYALTY LLC D/B/A JF SPA GUIRONG YE KE SUN 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 Royalty LLC d/b/a JF Spa 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 Guirong Ye and Ke Sun 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 Royalty LLC d/b/a JF Spa, and denies the issuance of Massage Therapist Licenses to Guirong Ye and Ke Sun. ADOPTED by the City Council of the City of Eden Prairie this 16th day of July, 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 ROYALTY LLC d/b/a JF SPA 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 6.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 5.A.1 provides that no Enterprise License shall be issued to a person who: j. Has been denied a therapeutic massage enterprise license by the City within one (1) year of the date of the license application. k. Does not provide all information required by the application or such other information as the City 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. City Code Section 5.46, Subdivision 5.A.2 provides that no therapeutic massage enterprise shall be licensed if: c. The property on which the enterprise is or is to be conducted is owned by, operated by, or leased to a person who is ineligible for a license, except that a property owner who is under the age of 18 shall not make the premises ineligible under this subparagraph. 5. The City's Enterprise License Application requires that, if the applicant is not the owner of the building in which the business will be located,the applicant attach a copy of the lease agreement for the building to the application. 6. 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. 7. Royalty LLC d/b/a JF Spa ("Applicant") applied to the City of Eden Prairie for an Enterprise License to operate JF Spa. 8. 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 6.G. 9. The Applicant responded "no" to the question on the license application asking, "Does the Applicant (Individual, Partnership, Corporation, LLC or Association) own the building?" 10. The Applicant failed to attach a copy of the lease agreement for the building in which it proposed to conduct the business. 11. As part of the investigation,it was discovered that the current lessee for the building is Min Jin LLC and Cara Chang. 12. Min Jin LLC was denied an Enterprise License by the City in February 2019. Min Jin LLC is therefore ineligible for an Enterprise License from the City. 13. The Applicant indicated on the Enterprise License Application that it intended to employ as Massage Therapists Guirong Ye and Ke Sun. The City has denied individual Massage Therapist Licenses to Guirong Ye and Ke Sun. 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. 14. 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) the property on which the therapeutic massage enterprise is proposed to be located is leased to a person who is ineligible for an Enterprise License; 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. 2 CONCLUSIONS OF LAW 1. Applicant has not complied with City Code Section 5.46, Subdivision 6.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 5.A.1.j and 5.A.2.c prohibit issuance of an Enterprise License to Royalty LLC d/b/a JF Spa because the building on which the enterprise is proposed to be located is owned by, operated by, or leased to a person who is ineligible for a license. 3. City Code Section 5.46, Subdivision 5.A.1.k prohibits issuance of an Enterprise License to Royalty LLC d/b/a JF Spa because it failed to provide all information required by the application. 4. City Code Section 5.46, Subdivision 5.A.1.1 prohibits issuance of an Enterprise License to Royalty LLC d/b/a JF Spa 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 Royalty LLC d/b/a JF Spa is hereby denied. ADOPTED BY THE CITY COUNCIL this 16th day of July, 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 GUIRONG YE AND KE SUN 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 6.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 5.B.1 provides that no Therapist License shall be issued to a person who: e. Has knowingly misrepresented or falsified information on the license application. f. 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; j. Has had an interest in, individually or part of a firm, association, partnership, corporation, limited liability company, or joint venture, or has a massage-related license that was revoked or suspended within the last five (5) years of the date the license application is submitted to the City; m. Does not provide all information required by the license application or such other information as the City may require. 4. The City's Therapist License Application requires the applicant to attach proof of at least 600 hours of certified therapeutic massage training from an accredited institution approved by the City, including an original transcript showing dates of training and name and address of the training institute. 5. Guirong Ye ("Ye") and Ke Sun ("Sun") applied to the City of Eden Prairie for Massage Therapist Licenses. 6. The Police Department received the Therapist License applications of Ye and Sun and conducted an investigation to verify the information on the applications pursuant to City Code Section 5.46, Subdivision 6.G. Guirong Ye 7. Ye applied to the City of Eden Prairie for a Massage Therapist License to work at Royalty LLC d/b/a JF Spa. 8. Royalty LLC d/b/a JF Spa is not a therapeutic massage enterprise licensed by the City or a salon licensed by the state. 9. On her Therapist License Application, Ye answered "no" to the question "Have you and/or any immediate family member had any interest in any previous therapeutic massage license that was revoked, suspended or not renewed in the past 5 years?" 10. As part of the investigation, it was discovered that Ye had a massage enterprise license and a massage therapist license revoked by the City of Brooklyn Park on August 24, 2017. 11. The Chief of Police recommends denial of the Massage Therapist License to Guirong Ye due to: (a)Ye'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) Ye's knowing misrepresentation or falsification of information on the license application; and(c) the revocation of massage-related licenses held by Ye within the last five (5) years of the date the license application was submitted to the City. Ke Sun 12. Sun applied to the City of Eden Prairie for a Massage Therapist License to work at Royalty LLC d/b/a JF Spa. 13. Royalty LLC d/b/a JF Spa is not a therapeutic massage enterprise licensed by the City or a salon licensed by the state. 14. With her Therapist License Application, Sun provided a certificate of completion from LA Beauty School indicating that she completed "Therapeutic Massage Program-600 Hours." Sun failed to provide an original transcript from LA Beauty School showing dates of training and name and address of the training institute. 15. Sun 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. 16. As part of the investigation, it was discovered that Sun was working at JF Massage located at 3555 Plymouth Boulevard,Plymouth,MN("JF Massage") at the time of her application to the City, and that Sun began working at JF Massage in February 2019. 17. Sun failed to list JF Massage in response to the question on the Application requiring "Name and address of every massage therapy establishment you have owned, worked for, or practiced at in the proceeding [sic] five years." 18. The Chief of Police recommends denial of the Massage Therapist License to Ke Sun due to: (a) Sun'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) Sun'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; and(c) Sun's failure to fully and completely to provide all of the information required by the application form, specifically the name and address of a massage therapy establishment she has worked for within the past five years. CONCLUSIONS OF LAW Guirong Ye 1. City Code Section 5.46, Subdivision 5.B.1.f prohibits issuance of a Therapist License to Ye 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. 2. City Code Section 5.46, Subdivision 5.B.1.e prohibits issuance of a Therapist License to Ye because she knowingly misrepresented or falsified information on the license application. 3. City Code Section 5.46, Subdivision 6.B.1.j prohibits issuance of a Therapist License to Ye because she has had a massage-related related license that was revoked or suspended within the last five years of the date the license application was submitted to the City. Ke Sun 4. Sun has not complied with City Code Section 5.46, Subdivision 6.A due to her failure to fully and completely provide all of the information required by the application. 5. City Code Section 5.46, Subdivision 5.B.1.f prohibits issuance of a Therapist License to Sun 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. 6. City Code Section 5.46, Subdivision 5.B.1.h prohibits issuance of a Therapist License to Sun 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. 7. City Code Section 5.46, Subdivision 6.B.1.m prohibits issuance of a Therapist License to Sun 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 Guirong Ye is hereby denied. 2. The application for a Massage Therapist License filed by Ke Sun is hereby denied. ADOPTED BY THE CITY COUNCIL this 16th day of July, 2019. Ronald A. Case, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE SECTION: Consent Calendar July 16, 2019 DEPARTMENT/DIVISION ITEM DESCRIPTION ITEM NO. Department Approve Changes to Eden Prairie VIII.M. Scott Gerber/Fire Department Firefighter Relief Association(EPFRA) Bylaws Requested Action Move to: Approve changes to Eden Prairie Firefighter Relief Association (EPFRA) Bylaws Synopsis Approve two changes to the EPFRA Bylaws 1. Increasing the survivor's benefit from $10K to equivalent to one (1) year of service (current $12,400) for active FF's with less than one year of service. This is only paid out in the event of an active firefighter death before completing one (1) year of service. This is paid to his/her surviving spouse, surviving children, or designated beneficiary on file. This is a language that did not get changed when the last change to the benefit was made in September, 2018. 2. The annual meeting of the association, for the election of Trustees and other business, shall be held in June. This is a language change now that the Fire Department may not have an annual business meeting every June. The EPFRA Board has made a formal motion and approved the changes on June 27, 2019. The Eden Prairie Firefighter Relief Association membership also made a formal motion and approved the changes on June 27, 2019. Attachment EPFRA Bylaws Eden Prairie Firefighter Relief Association FIRE p,.1Y UoNim Cnt Ce41> Est. {96? EDEN PRAIRIE Id INNCSOTA Bylaws TABLE OF CONTENTS PAGE ARTICLE I - NAME 1 ARTICLE II - PURPOSE 1 ARTICLE III - GENERAL DEFINITIONS 2 SURVIVING SPOUSE 2 FIDUCIARY RESPONSIBILITY 2 BENEFICIARY 2 BOARD OF TRUSTEES 2 CALCULATION OF QUALIFYING YEARS 2 BREAK IN SERVICE 3 YEARS OF ACTIVE SERVICE 3 ACTIVE SERVICE 3 TRUSTEES 3 DOMESTIC RELATIONS ORDER 3 PERSONAL LEAVE 4 MILITARY LEAVE 4 MEDICAL LEAVE 4 ARTICLE IV - MEMBERSHIP 5 QUALIFICATION FOR MEMBERSHIP 5 APPLICATION FOR MEMBERSHIP 5 TERMINATION OF MEMBERSHIP 5 CATEGORIES OF MEMBERSHIP 5 VOTING PRIVILEGES 6 ARTICLE V - BOARD OF TRUSTEES 7 COMPOSITION OF BOARD 7 TERMS OF TRUSTEES 7 OFFICERS OF BOARD 7 REMOVAL OF TRUSTEE OR OFFICER 8 ARTICLE VI - DUTIES OF OFFICERS 9 PRESIDENT 9 VICE- PRESIDENT 9 SECRETARY 9 TREASURER 10 TABLE OF CONTENTS PAGE ARTICLE VII - MEETINGS 11 ANNUAL MEETING 11 REGULAR MEETINGS OF THE BOARD OF TRUSTEES 11 SPECIAL MEETINGS OF THE ASSOCIATION OR BOARD 11 QUORUM 11 REPORTS AND RESOLUTIONS 11 ADOPTION OF ROBERT ' S RULES 11 ORDER OF BUSINESS 12 LOCATION 12 ARTICLE VIII - INVESTMENTS 13 TRUSTEES' DUTIES 13 RESPONSIBILITIES OF TRUSTEES 13 INVESTMENT COMMITTEE 13 RESTRICTIONS TO BROKERS 13 EDUCATION PLAN 13 ARTICLE IX - PENSION BENEFITS 14 ACTIVE DUTY AND AGE REQUIREMENTS 14 DEFERRED MEMBER 14 PENSION BENEFIT 14 DEFINITION OF ACTIVE FIREFIGHTER 15 VOLUNTEER SEPARATION WHILE FULL-TIME FIRE DEPARTMENT EMPLOYEE 15 FUTURE INCREASES IN BENEFITS 16 APPLICATION FOR MONTHLY OR LUMP SUM BENEFIT 16 APPROVAL 16 NOTICE OF INTENT TO RETIRE 17 ARTICLE X - ANCILLARY BENEFITS 18 ELIGIBILITY 18 DISABILITY DEFINED 18 REPORTS REQUIRED 18 DISABILITY OR PENSION BENEFITS 18 PROOF OF DISABILITY 18 GRIEVANCE PROCEDURE 18 CALCULATION OF BENEFIT 19 ENTITLEMENT TO FUTURE INCREASES 19 ARTICLE XI - DEATH BENEFIT 20 ENTITLEMENT TO BENEFIT 20 TERMINATION OF CHILDREN ' S BENEFIT 20 ENTITLEMENT TO FUTURE INCREASES 20 TABLE OF CONTENTS PAGE ARTICLE XII - APPLICATION FOR DISABILITY AND DEATH BENEFITS 21 DISABILITY BENEFIT APPLICATION 21 DEATH BENEFIT APPLICATION 21 ACTION ON APPLICATIONS 21 ARTICLE XIII - SUPPLEMENTAL BENEFIT 22 PAYMENT OF SUPPLEMENTAL BENEFIT 22 ARTICLE XIV - FUNDS 23 ALLOCATION 23 GENERAL FUND 23 SPECIAL FUND 23 METHOD OF DISBURSEMENT 23 DEPOSIT OF FUNDS 24 ARTICLE XV - TIMING AND MODES OF DISTRIBUTION 25 DISTRIBUTION CHOICES 25 IRA ROLLOVER 25 ARTICLE XVI - PROCEDURE FOR REVIEW 26 ENTITLEMENT TO APPEAL 26 UN-APPROVED APPLICATION 26 SPECIAL MEETING FOR APPEAL 26 ARTICLE XVII - LIMITS ON BENEFITS 27 DOMESTIC RELATIONS ORDER 27 GARNISHMENT, JUDGMENT OR LEGAL PROCESS 27 ASSIGNMENT OF BENEFITS 27 LIMITATIONS ON ANCILLARY BENEFITS 27 BENEFIT LIMITATIONS 27 ARTICLE XVIII - AMENDMENTS 28 AMENDING THE BYLAWS 28 ARTICLE XIX - NOTICE 28 AMENDMENT NOTICES 28 ARTICLE XX - EFFECTIVE DATE 29 ARTICLE XXI - EXHIBIT A 29 Article I - Name The name of the relief association shall be the Eden Prairie Firefighter Relief Association . Article II - Purpose This instrument constitutes the bylaws of the Eden Prairie Firefighter Relief Association , hereinafter referred to as "Association , " adopted for the purpose of regulating and managing the internal affairs of the corporation and shall serve as the written pension plan for the Association . The Association is a governmental entity that receives and manages public money to provide retirement benefits for individuals providing the governmental services of fire fighting . The Association is a defined benefit relief association subject to Minnesota statutes 69 . 771 to 69 . 774, 424A . 015 and 424A . 02 . The objectives of the plan shall be to provide service pensions and ancillary benefits to members and dependents of the Eden Prairie Fire Department, hereinafter " Fire Department" . These bylaws and federal and state laws shall govern all benefits issued by this Association . Eden Prairie Firefighter Relief Association Page 11 Article III - General Definitions 1 . Surviving Spouse The term "surviving spouse" means any person who was the dependent spouse of a deceased active member, deferred member, or retired former member living with the member at the time of the death of the active member, deferred member, or retired former member for at least one year prior to the date on which the member terminated active service and membership . 2 . Fiduciary responsibility In the discharge of their respective duties, the officers and trustees shall be held to the standard of care enumerated in Minn . Stat . 11A . 09 . In addition , the trustees must act in accordance with Minn . Stat . 356A . No trustee of the Association shall cause the Association to engage in a transaction , if the trustee knows or should know that a transaction constitutes one of the following direct or indirect transactions : a ) sale or exchange or leasing of any real property between the Association and a board member b ) lending of money or other extension of credit between the Association and a board member or member of the Association c) furnishing of goods, services, or facilities between the Association and a board member d ) transfer to a board member, or use by or for the benefit of a board member, of any assets of the Association . Transfer of assets does not mean the payment of Association benefits or administrative expenses permitted by law 3 . Beneficiary Any person or estate entitled under this plan to receive a benefit upon the death of a participant . 4 . Board of Trustees The Board of Trustees of the Association as specified under Minn . Stat . 424A . 04 . There shall be six member elected trustees and three municipal trustees . 5 . Calculation of Qualifying Years A year of service as an active firefighter for purposes of calculating the service pension shall mean 12 complete months . If a members' period of service as an active firefighter has not been continuous, parts of years may be added together to calculate full years . In addition, parts of months may be added together to calculate full months, provided , however, that in such a calculation it shall be assumed that 30 days equals a full month . Eden Prairie Firefighter Relief Association Page 12 6 . Break in Service ( a ) Break in Service . A break in service is the period of time in which a member does not comply with the active service requirements of the Fire Department . A member will not receive service credit with the Association for the period of a break in service . If a member' s break in service is less than 60 days, active membership in the Association will resume when the member returns to active service with the Fire Department . A break in service does not include an approved leave of absence pursuant to these bylaws or state law, except for Military Leave or Medical Leave defined in this Article III . ( b ) Return to Service . If a member has a break in service of 60 days or more and receives a lump sum payment, and not a monthly service pension , and then resumes active membership in the Fire Department and membership in the Association, the member will be entitled to receive a lump sum payment for his subsequent period of service, provided he completes a minimum of three years of subsequent service . The lump sum for the subsequent period of service will be based on the lump sum then payable under the Bylaws . Such payment shall have no effect on the member' s previous service pension . In no event will the Association pay duplicate benefits for the same period . Except as provided in this paragraph ( b ), a member who has a break in service of more than 60 days and returns to active service will not receive any credit or earn an additional benefit for a subsequent period of service . The above rules for payment of an additional benefit for a subsequent period of service do not apply to leaves of absence for which a member continues to receive service credit during the leave under these bylaws . ( c) Effective Date . The changes in this Article 111 . 6 shall apply beginning September 18, 2018 to members who retire on or after such date . 7 . Years of Active Service For purposes of computing benefits or service pensions payable, a year of service shall be defined as a period of 12 full months of active service in the Fire Department . 8 . Active Service Active Service is defined as the active performance of fire suppression or prevention duties or the supervision of fire suppression or prevention duties . Performance of such suppression , prevention or supervision shall not qualify as "active service" unless the firefighter meets all the rules and regulations of the Fire Department during such service . 9 . Trustees The individuals designated as such by Minn . Stat . 424A . 04 . 10 . Domestic Relations Order A domestic relations order is any judgment, decree or order ( including approval of a property settlement agreement) that complies with the provisions of Minn . Stat . 518 . 58, 518 . 581 or 518A. 53 . Eden Prairie Firefighter Relief Association Page l 3 11 . Personal Leave An Active Member may be granted a personal leave of absence in accordance with the rules and regulations of the Fire Department . No credit shall be given for the period of the leave of absence . 12 . Military Leave An Active Member who takes a leave to serve in the military shall receive credit from the Relief Association for his military service consistent with federal law . To be eligible for credit from the Relief Association for his military service, the Member must return to active service with the Fire Department and must not receive a dishonorable or bad conduct discharge from military service . 13 . Medical Leave An Active Member who takes a leave for a serious medical condition shall receive credit for up to 12 weeks of the leave consistent with the Family and Medical Leave Act or other applicable federal or state law . Eden Prairie Firefighter Relief Association Page 14 Article IV - Membership 1 . Qualification for Membership Any Active Member in good standing in the Fire Department shall be eligible to apply for membership in the Association . 2 . Application for Membership All Active Members of the Fire Department are eligible for membership in the Association . Application for membership shall be made in writing on a form supplied by the Secretary of the Association and reviewed by the Board of Trustees for compliance with federal/state statutory and plan requirements within three (3 ) months of becoming an active member of the fire department . No applicant may be excluded except if the member is under 18 years of age or has a medically determinable physical or mental impairment or condition that would constitute a predictable and unwarranted risk of imposing liability or an ancillary benefit at any age earlier than the minimum age specified for receipt of a service pension . 3 . Termination of Membership A member may be expelled from the Association for cause upon a two-thirds vote of all members present at a regular or special meeting of the general membership, upon the occurrence of any of the following events : a ) termination or resignation from membership in the Fire Department prior to completion of the number of years as an active firefighter required for a service pension under these bylaws b ) failure to comply with any provisions of these bylaws or any duly adopted rules and regulations of the Association c ) any other good cause for termination of membership as determined by the Board of Trustees 4 . Categories of Membership Members of this Association shall be classified in one of four categories : regular, deferred , retired or disabled . These categories are defined as follows : a ) Active Member A member of the Association who is also an active firefighter of the Fire Department b ) Deferred Member: A member of the Association who has : ( i ) completed the number of years as an active firefighter required for a service pension as provided in these bylaws ( ii ) completed a minimum of ten years as a member in good standing in the Association ( iii ) has separated from service as an active firefighter before attaining the earliest age for receipt of a service pension as provided in these bylaws Eden Prairie Firefighter Relief Association Page 15 c ) Retired Member: A member of the Association who is drawing a monthly service pension under applicable statutes and the bylaws of this Association . d ) Disabled Member A member of this Association who is receiving a disability benefit under applicable statutes and the bylaws of this Association . 5 . Voting privileges Each member shall be entitled to one vote on any matter voted upon by the membership . Voting by proxy is not permitted . All votes, unless specified prior to the vote , shall be conducted by a voice vote . If a majority cannot be determined by voice vote, the Officer in Charge of the vote shall ask for a show of hands . Eden Prairie Firefighter Relief Association Page 16 Article V - Board of Trustees 1 . Composition of Board The Board of Trustees shall consist of nine trustees . a ) Member Elected Trustees : Six of the trustees shall be elected at the annual meeting of the Association from the Association ' s active members and shall serve for terms as specified in this Article, or until their respective successors have been elected . One of the six elected members of the Board of Trustees may be a retired member, receiving a monthly service pension , who is elected by the membership of the Association . If there is not a retired member to fill the position of trustee , then that position may be filled by an active member . b ) Municipal Trustees : The three municipal trustees shall be one elected municipal official and one elected or appointed municipal official who are designated as municipal representatives by the City of Eden Prairie annually and the chief of the Fire Department . Municipal trustees shall have all rights, duties and responsibilities of regular trustees, including voting rights . 2 . Terms of Trustees Two member elected trustees shall be elected for three -year terms at each annual meeting of the Association . If a vacancy of a trustee position occurs, that position shall be filled by election at a special meeting of the Association within thirty- one days of becoming vacant . Any member elected trustee elected to fill an un - expired term shall serve the length of that un -expired term . Any member elected trustee , upon retirement from the Fire Department, must relinquish the trustee ' s office until an election is held to determine who shall hold that office . The elected or appointed municipal trustees shall be designated annually by the City, except for the chief of the Fire Department, who is appointed by statute . 3 . Officers of Board At the first meeting of the Board of Trustees held after the annual meeting of the members of the Association , the Board shall elect from the six member elected trustees a President, Vice- President, Secretary and Treasurer . Each of the officers shall serve for a term of one year or until the officer ' s successor has been elected . Eden Prairie Firefighter Relief Association Page 17 4 . Removal of Trustee or Officer A trustee ( other than a municipal trustee ) may be removed from the office of trustee for the following reasons : a ) breach of the duties of a trustee as specified in these bylaws b ) failure to maintain membership in good standing in the Association or the Fire Department, including a suspension from the Association or Fire Department c ) other good cause Removal of a trustee may occur by a vote of two -thirds of those present at a meeting of the membership . Notice of the meeting at which removal is to be considered , shall be given to each member and shall include the purpose of considering removal . The Trustee shall be given an opportunity to be heard as to each charge . if the Trustee is removed , a replacement shall be elected and shall serve for the un - expired portion of the term of the removed Trustee . Eden Prairie Firefighter Relief Association Page 18 Article VI - Duties of Officers 1 . President The duties of the Association President are as follows : a ) Attend and preside at all meetings of the Association and of the Board of Trustees . b ) Supervise the affairs of the Association . c) Take all appropriate steps to enforce the due observance of the state and federal laws that apply to the Association , the Articles of Incorporation and the bylaws . d ) Sign all checks issued by the Treasurer and all other papers, which require the President ' s signature . The President may receive a salary as fixed from time to time by the Board of Trustees, subject to approval of the Association , and payable from the Special Fund of the Association . 2 . Vice-President The duties of the Association Vice- President are as follows : a ) Perform the duties of the President in the President ' s absence . b ) All other duties assigned to the Vice- President by the President . 3 . Secretary The duties of the Association Secretary are as follows : a ) Keep a true and accurate record of the proceedings of all meetings of the Association and of the Board of Trustees . b ) Keep a correct record of all amendments to the Articles of Incorporation and the bylaws . c ) Provide all due notice of special meetings of the Association and the Board of Trustees . d ) Keep a roll of membership , including all information necessary to determine the pension and benefit status of each member of the Association . e ) Sign all orders for payment issued to the Treasurer, and jointly with the Treasurer, prepare and file all reports and statements required by law . The Secretary may receive a salary as fixed from time to time by the Board of Trustees, subject to approval of the Association , and payable from the Special Fund of the Association . Eden Prairie Firefighter Relief Association Page 19 4 . Treasurer The duties of the Association Treasurer as follows : a ) Keep separate, distinct and complete accounts of the Special and General Funds, including a detailed statement of the assets and liabilities of each fund . Such accounts and statements shall be presented at each meeting of the Board of Trustees, and shall be made available to members prior to the annual meeting of the Association . b ) Jointly with the Secretary, the Treasurer shall prepare and file all reports and statements required by law . c ) At the expiration of the Treasurer ' s term of office or the Treasurer ' s termination from the position of Treasurer in accordance with these bylaws, whichever occurs first, the Treasurer shall immediately deliver to the Board of Trustees or the Treasurer ' s successor in office , all monies, books, papers, and other items pertaining to the Treasurer ' s office . d ) Prior to entering upon the duties of office, the Treasurer shall give a bond in such amount and with such sureties as are required by law and approved by the Board of Trustees, conditioned upon the faithful discharge of the Treasurer ' s trust and the faithful performance of the duties of the Treasurer ' s office . The premium for this bond shall be paid from the Special Fund of the Association . The amount of the bond will be equal to at least 10% of the assets of the Association ; however, the amount of the bond need not exceed $ 500, 000 . 00 . The Treasurer may receive a salary as fixed from time to time by the Board of Trustees, subject to approval of the Association , and payable from the Special Fund of the Association . Eden Prairie Firefighter Relief Association Page 110 Article VII - Meetings 1. Annual Meeting The annual meeting of the Association, for the election of Trustees and other business, shall be held in June, immediately prior to the Fire Department's business meeting. Subject to waiver, a notice of every annual meeting or special meeting shall be sent by the Secretary via U.S. mail, e-mail, personal delivery or by any other delivery that conforms to law to each member at least ten (10), but not more than thirty (30) days, before the meeting, excluding the date of the meeting. Notice by U.S. mail shall be deemed given when deposited in the U.S. mail with sufficient postage affixed. Such notice shall set forth the date, time, place and in case of a special meeting,the purpose. 2. Regular Meetings of the Board of Trustees The Board of Trustees shall meet at least six times during each year. Subject to waiver, a notice of every Board of Trustees' meeting shall be sent by the Secretary via U.S. mail, email, personal delivery or by any other delivery that conforms to law to each Trustee at least five (5) , but not more than thirty (30) days, before the meeting, excluding the date of the meeting. Notice by U.S. mail shall be deemed given when deposited in the U.S. mail with sufficient postage affixed. Such notice shall set forth the date, time, place and in case of a special meeting, the purpose. 3. Special Meetings of the Association or Board Special meetings of the Association or of the Board of Trustees may be called by the President or two members of the Board of Trustees and shall also be called upon written request of six (6) or more members of the Association. The Secretary shall notify members and trustees of such special meetings, and the purpose of the meeting shall be contained in such notice. 4. Quorum A majority of the Board of Trustees then in office and thirty percent (30%) of all members of the Association shall constitute a quorum for the transaction of business at their respective meetings. Less than a quorum may adjourn a meeting to a future time, which the Secretary shall make known to the affected members. 5. Reports and Resolutions All reports and resolutions shall be submitted in writing and no report shall be accepted unless it is the report of a majority of a committee, provided, however, that a minority shall be permitted to present its views in writing. 6. Adoption of Robert's Rules • All meetings of the Association and Board of Trustees shall be conducted according to Robert's Rules of Order, as revised. Eden Prairie Firefighter Relief Association Page 111 7 . Order of Business The order of business at meetings of the general membership shall be : a ) Call to order b ) Roll call c) Reading of minutes of previous meetings d ) Reading of reports and minutes of Board of Trustees ' meetings e ) Reports of Officers f) Membership applications g ) Reports of special committees h ) Unfinished business i ) Election of Officers or Trustees ( annual meeting ) j ) New business k) Adjournment 8 . Location A meeting of the Board of Trustees shall be held at the registered office of the Association , unless notice is made public for another place within the state as designated by the board . I Eden Prairie Firefighter Relief Association Page 112 Article VIII - Investments 1. Trustees'Duties Trustees shall discharge their duties in good faith and with that diligence and care which an ordinarily prudent person would exercise under similar circumstances. Each trustee shall become familiar with the standards of care and the standards of a fiduciary as specified by law. 2. Responsibilities of Trustees It shall be the duty of the Board of Trustees to prepare modes and plans for the sale and profitable investment of the un-appropriated funds of the Association, and whenever investments are made, to investigate and pass upon the securities offered, and to attend to the drawing and execution of the necessary papers. The Board shall order an audit of the books and accounts of the Secretary and Treasurer annually, according to law, and shall submit a written report of the condition of the Association to the members at the annual meeting. The investment of the funds of the Association shall be in the exclusive control of the Board of Trustees, in conformance with state statutes, the bylaws and the investment policy attached hereto. The Board of Trustees shall meet with the Investment Committee. The members of the Board shall act as trustees with a fiduciary obligation to the State of Minnesota, to the City of Eden Prairie and the members of the Association. 3. Investment Committee The investment committee shall consist of the Treasurer, the President and an Ex-officio member, as well as two or more Association members as designated by the trustees. The investment committee shall investigate and make recommendations to the Board of suitable investments for Association funds among those permitted by State of Minnesota statutes, the bylaws and the investment policy attached hereto. 4. Restrictions to Brokers The Board of Trustees shall comply with Minnesota Statutes 356A.06, Subd. 8b that requires the Relief Association to provide annually to any brokers, a written statement of investment restrictions pursuant to State Statute or the Investment Policy that apply to the special fund. Upon receipt of the written statement of investment restrictions, each broker handling investments of the Association shall acknowledge, in writing annually, the receipt of the investment restrictions. The acknowledgment shall contain a statement of the brokers' agreement to handle the Association's investments pursuant to the written restrictions. 5. Education Plan The Board of Trustees shall develop and periodically revise a plan for continuing education for all members and officers of the Board of Trustees in order to ensure that trustees keep abreast of their fiduciary responsibilities. Eden Prairie Firefighter Relief Association Page 113 Article IX - Pension Benefits 1 . Active Duty and Age Requirements To be eligible to receive a service pension , a member must meet all of the following requirements : a ) Be at least fifty ( 50 ) years of age b ) Has separated from active service with the Fire Department c ) Has completed at least ten ( 10 ) years of active service with such Fire Department before retirement d ) Has been a member of the Association in good standing at least ten ( 10 ) years prior to such retirement 2 . Deferred Member A member of the Association , who has performed active service of ten ( 10 ) years or more, but has not reached the age of fifty ( 50 ) years, shall be placed on the deferred pension roll of the Association . After they have reached the age of fifty ( 50 ) years, the Association shall , upon their application therefore, pay their pension from the date the application is approved by the Association . The member shall be paid the service pension in accordance with Article IX, Section 3 . 3 . Pension Benefit Each member is entitled to either a monthly service pension benefit or a lump sum service pension benefit calculated as follows : Monthly Service Pension Effective 01/01/2005 : A monthly service pension shall be calculated by multiplying $48. 00 times each year that the member has been an active firefighter in the Fire Department and member in good standing of the Relief Association, up to a maximum pension of $ 1536. 00. Effective 01/01/2006: A monthly service pension shall be calculated by multiplying $50. 00 times each year that the member has been an active firefighter in the Fire Department and member in good standing of the Relief Association, up to a maximum pension of $ 1600. 00. Effective 01/01/2007: A monthly service pension shall be calculated by multiplying $52 . 00 times each year that the member has been an active firefighter in the Fire Department and member in good standing of the Relief Association, up to a maximum pension of $ 1664. 00. Eden Prairie Firefighter Relief Association Page 114 Effective 01/01/2008 : A monthly service pension shall be calculated by multiplying $54 . 00 times each year that the member has been an active firefighter in the Fire Department and member in good standing of the Relief Association, up to a maximum pension of $ 1728. 00. Effective 01/01/2009 : A monthly service pension shall be calculated by multiplying $56. 00 times each year that the member has been an active firefighter in the Fire Department and member in good standing of the Relief Association, up to a maximum pension of $ 1792 . 00. Lump Sum Service Pension : A lump sum service pension shall be calculated as follows : ( i ) For the period prior to 2011 : 100 times Years of Service times monthly rate at the time of retirement . ( ii ) For the period from 2011 through May 31 , 2013 : 150 times Years of Service times monthly rate at the time of retirement . ( iii ) For the period from June 1, 2013 through September 27, 2018 : $ 10, 000 . 00 per Year of Service . ( iv ) For the period beginning September 18, 2018 and thereafter $ 12, 400 . 00 per Year of Service 4 . Definition of Active Firefighter A period of time cannot be used to calculate a monthly or lump sum service pension unless during the entire period of time the member satisfies the qualification of " active service" , as found in Article III , paragraph 8 of these bylaws . 5 . Volunteer Separation while Full- Time Fire Department Employee Notwithstanding any by- law to the contrary, the Association may pay or continue paying a service pension or disability benefit to a member who has not separated from "active service" as defined herein with the Fire Department if: a ) The Member is employed by the City of Eden Prairie to perform duties within the Fire Department on a full -time basis subsequent to retirement as a volunteer firefighter, and b ) The City Manager or the Fire Chief has filed a determination with the Association ' s Board of Trustees that the Member' s experience with and service to the Fire Department in that Member' s full -time capacity would be difficult to replace, and c ) The Member otherwise meets the requirements of Minnesota Statutes, Chapter 424A, including Minnesota Statute 424A . 02, subd . 1 , and is authorized Eden Prairie Firefighter Relief Association Page 115 1 1 to receive a service pension or disability benefit . 6 . Future Increases in Benefits Retired and Deferred members who have credit for at least fifteen ( 15 ) years of service as an active firefighter with the Fire Department, shall receive all approved increases in the monthly service pension applicable to that member ' s number of years of active firefighting service . Retired members who have elected to receive a lump sum pension payment shall not be eligible for any such increases . 7 . Application for Monthly or Lump Sum Benefit After retirement as an active firefighter with the Fire Department, a member shall make application for a service pension to the Board of Trustees . The application shall also include an irrevocable election by the member of either a monthly service pension or lump sum service pension , but not both . All applications for pensions shall be submitted to the Board of Trustees at a regular or special meeting of the Board , and shall contain the following information : a ) the age of the applicant b ) the period of time the member performed duties as an active firefighter for the Fire Department c ) the member ' s number of years of membership in good standing of the Association d ) the date the member retired as an active firefighter from the Fire Department e ) such other and further information as the Board of Trustees may require 8 . Approval It shall be the duty of the Board of Trustees to approve applications for service pensions if the applicant meets all of the eligibility requirements set forth in these bylaws . It shall also be the duty of the Board not to approve the application if any of the eligibility requirements are not met . If an application is not approved , the Board shall return the application to the applicant within thirty ( 30 ) days, noting thereon , with particularity, which requirements the applicant does not meet . Thereafter, the applicant shall be furnished with the opportunity to be heard by the full Board in accordance with the review procedure contained in these bylaws, within the next thirty ( 30 ) days, on the question of whether the applicant meets all the requirements . If the application is approved , the service pension shall be paid in the manner requested by the applicant pursuant to Article XIV, Timing and Modes of Distribution . Eden Prairie Firefighter Relief Association Page 116 3 9 . Notice of Intent to Retire It shall be the duty of each member who intends to retire and request a service pension from the Association , to file a notice of intent to retire . Such notice shall be in writing and shall be filed with the Secretary not less than three ( 3 ) months prior to the date of retirement and submission of application for service pension . Upon receipt of such notice of the intent to retire , the Secretary shall provide any notices to the applicant as required by state or federal law with respect to pension or benefit payments . Eden Prairie Firefighter Relief Association Page 117 Article X - Ancillary Benefits 1. Eligibility A member, who is disabled with a fire service related disability, shall be eligible to collect a disability benefit. The member shall be eligible to receive the disability benefit immediately upon approval of the Board of Trustees. 2. Disability Defined Disability is defined as the inability to engage in performance of all essential duties as a firefighter by reason of a medically determinable physical or psychological impairment that arose out of and is caused by an injury or sickness incurred in the line of duty and is certified by a physician, surgeon or chiropractor acceptable to the Board of Trustees, which can be expected to last for a continuous period of not less than twelve (12) months or can be expected to result in death. 3. Reports Required No member shall be paid disability benefits except upon the written report of a physician, surgeon or chiropractor. This report shall set forth the diagnosis and prognosis of the disability, disease or injury of the member. Each such report shall be filed with the Association. 4. Disability or Pension Benefits Any such disability benefit paid in accordance with this section shall be in lieu of all rights to further service pension and survivor's benefits during the period that it is being paid. A disability benefit shall be considered a normal service pension after age fifty (50) for any member with at least ten (10) years of active service. 5. Proof of Disability An applicant shall not be considered under a disability unless the member furnishes adequate proof of the existence thereof. An applicants' statement as to pain or other symptoms will not alone be conclusive evidence of disability as defined in this article. 6. Grievance Procedure If the applicant for disability benefits feels that he/she has been aggrieved by any action of the Board, the member shall, within sixty (60) days from notice of such action of the Board, file written objections and the reasons thereof with the Board and shall be allowed to appeal the determination pursuant to the review procedure in these bylaws. Eden Prairie Firefighter Relief Association Page 118 7 . Calculation of Benefit In the event a member incurs a disability as defined in this article , the Association shall pay to such member a monthly disability payment, for the time of such disability . The monthly disability benefit shall be equal to the monthly service pension to which the member would have been entitled at age fifty ( 50 ) without regard to whether the member has attained the minimum number of years of active firefighting service and Association membership specified by these bylaws . 8 . Entitlement to Future Increases A member currently receiving a disability benefit shall receive all approved increases in the monthly service pension applicable to that member ' s number of years of active firefighting service . Eden Prairie Firefighter Relief Association Page 119 Article XI - Death Benefit 1. Entitlement to Benefit In the event of the death of an Active or Deferred member of the Association, the surviving spouse, if any, shall be paid one hundred (100%) percent of the lump sum benefit for each year of service. If such member who has no surviving spouse leaves a surviving child or children, such child or children as a group shall be paid one hundred (100%) percent of the lump sum benefit for each year of active service. If such member has no spouse and no surviving children but has a designated beneficiary on file, such beneficiary shall be paid one hundred (100%) percent of the lump sum benefit for each year of active service. If such member has no spouse, no surviving children, and no designated beneficiary, the member's estate shall be paid one hundred (100%) percent of the lump sum benefit for each year of active service. Such death benefits are payable without regard to minimum or partial vesting requirements. If an Active member dies before completing one year of active service, the Association shall pay a death benefit of ten thousand ($10,000) dollars to his/her surviving spouse, surviving children or designated beneficiary on file; in the same order and procedure as described above. In the event of the death of a Retired association member, receiving a monthly pension benefit, the surviving spouse, if any, shall be paid monthly, until their remarriage or death, two-thirds (2/3) of the Retired members monthly service pension for each year of active service. If such member leaves a surviving child or children, in addition to a spouse, such child or children, in the aggregate, shall be paid, monthly, the sum of one-third (1/3) of the monthly service pension for each year of active service. If such member is survived only by a child or children, such child or children, in the aggregate, shall be paid, monthly, the sum of one hundred (100%) percent of the monthly service pension for each year of active service. 2. Termination of Children's Benefit Benefit payments to or on behalf of a surviving child shall cease when the child reaches the age of eighteen (18) or, in the case of any child who furthers his or her education, by attending college or technical school, when that child graduates with his/her undergraduate degree or technical degree, quits school, reaches the age of twenty-two (22), or fails to provide proof of current educational enrollment, whichever occurs first. Any child furthering his or her education and wishing to qualify for benefits must produce annually, in a form satisfactory to the Board of Trustees, proof that the child is a full-time student in a college or trade school. 3. Entitlement to Future Increases Death benefits payable to a surviving spouse or children shall be increased to the extent that the monthly service pension is increased for current members who have the same number of active years of service as the deceased member. Eden Prairie Firefighter Relief Association Page 120 Article XII - Application for Disability and Death Benefits 1. Disability Benefit Application All applications for disability benefits shall be submitted to the Board of Trustees in writing, on forms furnished by the Secretary, at a regular or special meeting of the Board. The application shall be accompanied by a certificate from a physician, surgeon or chiropractor setting forth the findings regarding whether the member has a qualifying disability. The physician, surgeon or chiropractor's opinion shall also include findings regarding the nature and probable duration of the illness or injury, the cause thereof, the length of time the applicant has been and will be unable to perform any of the essential duties as an active firefighter, and an estimate of the time at which the applicant will be able to return to the duties as an active firefighter. The Board of Trustees, in its discretion, may require an independent medical examination, at the Association's expense, to review the qualifications of the member for a disability benefit. 2. Death Benefit Application Applications for benefits by surviving spouses and children shall be submitted to the Board of Trustees in writing, on forms furnished by the Secretary, at a regular or special meeting of the Board. The application shall include the date and cause of death, a certified marriage certificate for a surviving spouse and certified birth certificate for a surviving child, plus such other and further information as the Board of Trustees deems appropriate. 3. Action on Applications No disability or death benefits shall be paid until the application therefore has been approved by a majority vote of the Board of Trustees. Decisions of the Board shall be final as to the payment of such benefits and shall be based upon the criteria established in these bylaws and applicable law. �77 Eden Prairie Firefighter Relief Association Page l 21 ARTICLE XIII — SUPPLEMENTAL BENEFIT 1 . Payment of Supplemental Benefit Upon the payment by the Association of a lump - sum distribution to a qualified recipient, the Association must pay a supplemental benefit to the qualified recipient . A qualified recipient is an individual who receives a lump sum distribution of pension benefits from the Association for service as a volunteer firefighter . Notwithstanding any law to the contrary, the Association may pay the supplemental benefit out of its Special Fund . The amount of this benefit equals ten ( 10% ) percent of the regular lump -sum distribution that is paid on the basis of service as a volunteer firefighter . In no case may the amount of the supplemental benefit exceed one - thousand ( $ 1, 000 ) dollars . Eden Prairie Firefighter Relief Association Page l 22 Article XIV - Funds 1 . Allocation All money received from the Association shall be kept in two separate funds . Disbursements from the funds shall be in accordance with Minnesota Statutes and rules and bylaws of the Association . 2 . General Fund The funds received by the Association from dues, fines, application fees, entertainment and other miscellaneous sources shall be kept in the General Fund of the Association , on the books of the Treasurer, and may be disbursed to conduct the routine business of the Association or for any purpose reasonably related to the welfare of the Association or its members, as authorized by the Board or the general membership . Expenditures greater than $ 500 . 00 require approval by a majority of the members present and voting at any annual or special meeting of the members . 3 . Special Fund All funds received by the Association qualifying as state aid received pursuant to law, all taxes levied by or other revenues received from the city present to law providing for municipal support for the Association , any moneys or property donated , given , granted or devised , excluding fund - raiser proceeds, by any person which is specified for the use for the support of the Special Fund , and any interest earned on the assets of the Special Fund . Any tax sources and other money which may be directly donated or transferred to said fund , shall be kept in a separate account on the books of the Treasurer known as the Special Fund and shall be dispersed only for the following purposes : a ) payment of members' service pension benefits in accordance with state law and with these bylaws b ) payment of ancillary benefits in accordance with state laws and these bylaws c ) payment of supplemental benefits in accordance with state law and these bylaws d ) administrative expenses as limited by Minn . Stat . 69 . 80 All other expenses of the Association shall be paid out of the General Fund . 4 . Method of Disbursement No disbursement of funds of this Association shall be made except by checks drawn by the Treasurer and countersigned by the President except when issued for salaries, pensions and other fixed charges, the exact amount of which has previously been determined and authorized by the Board of Trustees ( or members, in case of disbursement from the General Fund ) . In no event shall a disbursement be issued until the claim to which it relates has been approved by the Board of Trustees . Disbursement also may be made by electronic fund transfers so long as the Treasurer and President have previously authorized such transfers . Eden Prairie Firefighter Relief Association Page 123 5 . Deposit of Funds All money belonging to the Association shall be deposited to the credit of the Association in such banks, trust companies, saving and loan associations or other depositories as the Board of Trustees may designate . The Board of Trustees shall make deposits in conformance with state statutes, the bylaws and the investment policy . i I Eden Prairie Firefighter Relief Association Page 124 Article XV - Timing and Modes of Distribution 1 . Distribution Choices Members who choose a monthly service pension shall be governed by Article IX, Section 3 ( a ) . A member who chooses a lump sum pension option shall be offered the following benefit payment methods : a ) a single lump sum payment payable to the eligible retiree b ) rollover to an IRA account pursuant to Article XV, Section 2 2 . IRA Rollover Upon written request from the retiring member who has given proper notice of retirement, the Secretary or Treasurer shall directly transfer the service pension amount into an Individual Retirement Account under Section 408 ( a ) of the Internal Revenue Code , as amended . Eden Prairie Firefighter Relief Association Page 125 Article XVI - Procedure for Review 1 . Entitlement to Appeal In the event that the Board of Trustees denies an application for a service or ancillary pension benefit, the member shall be entitled to the right to appeal the determination . 2 . Un-approved Application If an application is not approved , the Board shall return the application to the applicant within thirty ( 30 ) days, noting thereon , with particularity, which requirements the applicant does not meet . Thereafter, the applicant shall be furnished with the opportunity to be heard by the full Board , on the question of whether the applicant meets all of the eligibility requirements . The member shall appeal by furnishing the Board with a written intent to appeal that is filed with the Secretary of the Association within thirty ( 30 ) days of receiving an adverse determination . The intent to appeal shall be certified by the member . 3 . Special Meeting for Appeal The Board of Trustees shall hold a special meeting within sixty ( 60 ) days of receipt of the written intent to appeal . Timely notice of the meeting shall be given to the member at least fifteen ( 15 ) days prior to the special meeting . The member shall have the reasonable opportunity to be heard by the Board of Trustees at the special meeting with regard to the negative determination . The Board reserves the right to engage the services of a mediator, acceptable to both parties, at any time during the appeal . The mediator shall be selected from the Rule 114 Supreme Court Roster . The cost of the mediator shall be split in half between both parties . Eden Prairie Firefighter Relief Association Page 126 Article XVII - Limits on Benefits 1 . Domestic Relations Order A qualified domestic relations or domestic relations order shall be accepted by the Association if in compliance with state and federal law . A distribution made pursuant to a domestic relations order shall be treated as made pursuant to qualified domestic relations order as specified by I . R . C . 414 ( p ) ( 11 ) , as amended . No benefits shall be paid under a domestic relations order which requires the plan to provide any type or form of benefit, or any option , not otherwise provided under the Plan or under state law . Exhibit A of these Bylaws are guidelines for terms which must be included in any domestic relations order to be considered consistent with these Bylaws and eligible for approval by the Board . 2 . Garnishment, judgment or legal process No service pension or ancillary benefits paid or payable from the Special fund of the Association to any person receiving or entitled to receive a service pension or ancillary benefits shall be subject to garnishment, judgment, execution or other legal process, except as provided in Minnesota Statutes, Sections 518 . 58 , 518 . 581, or 518A . 53 . 3 . Assignment of Benefits No person entitled to a service pension or ancillary benefits from the Special fund of the Association may assign any service pension or ancillary benefit payments, nor shall the Association have the authority to recognize any assignment or pay over any sum , which has been assigned . 4 . Limitations on Ancillary Benefits Following the receipt of a lump sum death benefit, neither a member' s surviving spouse or estate is entitled to any other or further financial relief or benefits from the Association except those described in Article XIII - Supplemental Benefits . 5 . Benefit Limitations No provision , which places limits on benefits as contained within Section 415 of the Internal Revenue Code, shall be exceeded . Plan participants cannot receive an annual benefit greater than the amount specified in Section 415 of the code as may subsequently be amended . Eden Prairie Firefighter Relief Association Page 127 Article XVIII - Amendments 1 . Amending the Bylaws The bylaws of the Association may be amended by completing the following procedure : a ) Notice of the proposed amendment is given to each member not less than ten ( 10 ) days prior to the regular or special Association meeting at which the amendment will be considered b ) at an Association meeting, the amendment is adopted by a favorable vote of two -thirds ( 2/3 ) of the membership present and voting, provided that a quorum is present c) the amendment is approved by the City of Eden Prairie City Council Article XIX - Notice 1 . Amendment Notices Notices to the membership of a change to these bylaws shall be delivered in the following manner : a) shall be posted at each fire station b) shall be sent by U . S . Mail or email to each deferred member of the Association c) shall be sent by U . S . Mail or email to each retired member of the Association Eden Prairie Firefighter Relief Association Page 128 Article XX - Effective Date These bylaws were adopted by the Membership on the 6th day of September 2018 and supersede all prior bylaws of this Association . s. . d ' ssociation recent Association Secretary These bylaws were approved by the City of Eden Prairie City Council on the 18th day of September 2018 . g Kathleen Porta City Clerk City of Eden Prairie, MN Eden Prairie Firefighter Relief Association Page 129 EXHIBIT A Guidelines for Qualified Domestic Relations Order Terms Triggering Event Payment to Alternate Payee Court —assigned fraction in the same form as elected by 1 Retirement of participant . participant . Death of participant before benefits 2 Lump sum payment of court- assigned fraction . commence . 3 Death of participant after monthly Payments stop . benefits commence . Death of alternate payee before benefits 4 No payment to alternate payee or his/her estate . commence . 5 Death of alternate payee after benefits Payments stop . commence . Eden Prairie Firefighter Relief Association Page 30 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar July 16, 2019 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Bill Wyffels, Captain, Police Agreement for functionality upgrades to New VIII.N. World: ShieldForce and Web CAD Monitor Requested Action Move to: Approve the agreement for additional functionality and implementation of new modules for New World for Public Safety departments for$51,910, and 2019 maintenance of $9,020. These upgrades are CIP approved projects for 2019. Background In 2018 the Eden Prairie Police Department upgraded the Computer Aided Dispatch software with Tyler New World. With this upgrade came the capability to look at putting call information into officers' hands in order to enhance officer safety and response effectiveness. We are now requesting to go ahead with the purchase of that enhanced capability through ShieldForce. This program will allow officers, detectives and supervisors to have important call information on a mobile platform. By adding in CAD Web Monitor, we will gain a more effective tool for displaying ongoing calls, resource allocation as well as unit statuses in both an office based and mobile environment. The implementation of these two software pieces, along with the analytical report installation and training will allow for better integration and functionality with our existing New World software. This will also allow us to reduce our dependency on high custom development costs. Estimated costs for implementation for a total of$51,910 include - Web CAD Monitor License: $ 16,000 - Shieldforce with advanced mapping License (70 users): $ 26,950 - Installation and Report refresher training: $6,960 - Travel & Living expenses: $2,000 Estimated maintenance for a total of$9,020 includes: • 2019 maintenance for Web CAD Monitor: $ 3,360 • 2019 maintenance for ShieldForce: $5,680 Attachment Tyler Technologies Amendment to contract • ••••••• tyler • technologies AMENDMENT This amendment ("Amendment") is effective as of the date of signature of the last party to sign as indicated below ("Amendment Effective Date") by and between Tyler Technologies, Inc., a Delaware corporation with offices at 840 West Long Lake Road,Troy, MI 48098 ("Tyler") and the City of Eden Prairie, with offices at 8080 Mitchell Rd, Eden Prairie, MN 55344-2203 ("Client"). WHEREAS,Tyler and the Client are parties to a License Agreement with an effective date of December 8, 2008 (the "Agreement"); WHEREAS,Tyler and Client now desire to amend the Agreement; NOW THEREFORE, in consideration of the mutual promises hereinafter contained,Tyler and the Client agree as follows: 1. The software and/or services set forth in Exhibit 1 and 2 and associated services as noted in Schedule 1 to this Amendment are hereby added to the Agreement. 2. The following payment terms, as applicable, shall apply: a. Additional software fees will be invoiced 100%on the Amendment Effective Date. b. Associated maintenance and support fees will be invoiced on a pro rata basis beginning on the first day of the month following the Amendment Effective Date, and thereafter in a lump sum amount together with Client's then-current maintenance and support fees for previously licensed software. c. Hosting Fees: Hosting Fees for the Tyler Software identified on the Investment Summary are invoiced annually in advance on the Effective Date and will renew automatically for additional one (1) year terms at our then-current Hosting Services fee, unless terminated in writing by either party at least thirty(30) days prior to the end of the then-current term. d. Additional Implementation and other professional services (including training) are billed and invoiced as delivered, at the rates set forth in the Amendment Investment Summary. e. Fixed price services are invoiced upon complete delivery of the service. f. Travel expenses shall be invoiced as incurred, as applicable. 3. This Amendment shall be governed by and construed in accordance with the terms and conditions of the Agreement. All other terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, a duly authorized representative of each party has executed this Amendment as of the date of signature of the last party to sign as indicated below. Tyler Technologies, Inc. City of Eden Prairie, MN By: By: Name: Greg Sebastian Name: Title: President, Public Safety Division Title: Date: Date: Amendment-Eden Prairie MN-NWPS-JW 7.9.19(2019-28366-2 7.8).doc • ••••••• tyler • • technologies Exhibit 1 Amendment Investment Summary The following Amendment Investment Summary details the software, products, and services to be delivered by us to you under the Agreement. This Amendment Investment Summary is effective as of the Amendment Effective Date REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Amendment-Eden Prairie MN-NWPS-JW 7.9.19(2019-28366-2 7.8).doc �• Date: 7l8J2019 .i :. new world Quote Expiration: 12117/2019 Quote Name: City of Eden Prairie Police Department-ShieldForce, ty�er public sarety �ufian Web CAD Monitor, SceneCollect and Onsite DSS Refresher Training Quote Number: 2019-28366-2 Quote Description: Software Licensing Sales Quotation For City of Eden Prairie Police Department 8080 Mitchell Rd Eden Prairie, MN 55344-2203 Phone: 9529496200 T ler Software and Related Services Year One Description License Imp!Hogs Module Total Maintenance Computer Aided Dispatch Web CAD Monitor $20,000 0 $0 $20,000 $3,360 Mobile ShieldForce-LE Dispatch with Advanced Mapping (70 ) $33,250 0 $0 $33,250 $5,660 Sub-Total: $53,250 $0 $53,250 $9,020 Less Discount. $10,300 $10,300 TOTAL: $42,950 D $0 $42,950 $9,020 Services Description Quantity Unit Price Discount Total Web CAD Monitor Installation 1 $1,160 $0 $1,160 Report Refresher Training (Includes up to 3 days on-site) 1 $5,800 $0 $5,800 TOTAL: $6,960 Amendment-Eden Prairie MN-NWPS-JW 7.9.19(2019-28366-2 7.8).doc Summary One Time Fees Recurring Fees Total Tyler Software $42,950 $9,020 Total Annual Fees $0 Total Tyler Services $6,960 Total Other costs $0 Total Third Party Hardware, Software and Services $0 $0 Travel and Living Expenses $2,000 Summary Total $61,910 $9,020 T Ier Discount Detail Description License License Discount License Net Maintenance Computer Aided Dispatch Web CAD Monitor $20,000 $4,000 $16,000 $3,360 Mobile ShieldForce- LE Dispatch with Advanced Mapping $33,250 $6,300 $26,950 $5,660 Sub-Tota!_ $53,250 $10,300 $42,950 $9,020 Total: $63,250 $10,300 $42,960 $9,020 Amendment-Eden Prairie MN-NWPS-JW 7.9.19(2019-28366-2 7.8).doc Assumptions New World product requires Microsoft Windows Server 2012/2016 and SQL Server 2012/2016, including required Client Access Licenses(GALS)for applicable Microsoft products_ Servers must meet minimum hardware requirements provided by Tyler The supported Microsoft operating system and SQL versions are specific to Tyler's release versions_ New World product requires Microsoft Excel or Windows Search 4.0 for document searching functionality; Microsoft Word is required on the application server for report formatting. Tyler recommends a 100/1000MB (GB)Ethernet network for the local area network_Wide area network requirements vary based on system configuration,Tyler will provide further consultation for this environment_ Does not include servers, workstations,or any required third-party hardware or software unless specified in this Investment Summary. Client is responsible for any third-party support. Licensed Software,and third-party software embedded therein, if any,will be delivered in a machine readable form to Client via an agreed upon network connection_Any taxes or fees imposed are the responsibility of the purchaser and will be remitted when imposed_ Tyler's GIS implementation services are to assist the Client in preparing the required GIS data for use with the Licensed New World Software. Depending upon the Licensed Software the Client at a minimum will be required to provide an accurate street centerline layer and the appropriate polygon layers needed for Unit Recommendations and Run Cards in an industry standard Esri file format(Personal Geodatabase, File Geodatabase, Shape Files). Client is responsible for having clearly defined boundaries for Police Beats, EMS Districts and Fire Quadrants. If necessary Tyler will assist Client in creating the necessary polygon layers (Police Beats, EMS Districts and Fire Quadrants)for Unit Recommendations and Run Cards. Tyler is not responsible for the accuracy of or any ongoing maintenance of the GIS data used within the Licensed New World Software. Client is responsible for any ongoing annual maintenance on third-party products, and is advised to contact the third-party vendor to ensure understanding of and compliance with all maintenance requirements All Tyler Clients are required to use Esri's ArcGIS Suite to maintain GIS data. All maintenance,training and ongoing support of this product will be contracted with and conducted by Esri. Maintenance for Esri's ArcGIS suite of products that are used for maintaining Client's GIS data will be contracted by Client separately with E sri. CAD Maintenance includes 24/7 Support When Custom interface is included, Custom interface will be operational with existing third-party software. Any subsequent changes to third-party applications may require additional services. When State/NCIC is included,Client is responsible for obtaining the necessary State approval and any non-Tyler hardware and software. Includes state-specific standard forms developed by Tyler. Additional forms can be provided for an additional fee. Reporting Refresher Training assumes training of existing users, not new users. Classes include up to 3 days on-site training and are limited to 10 trainees maximum; service and travel costs will be incurred for additional classes. Associated Maintenance and Support fees will be added to the Client's current Maintenance and Support Agreement and will be invoiced on a pro rata basis beginning on the first day of the month following Amendment Effective Date, and thereafter in a lump sum amount together with Client's then-current maintenance and support fees for previously licensed software. Personal Computers must meet the minimum hardware requirements for New World products. Microsoft Windows 7/8.1/10 32/64 bit or later is required for all client machines.Windows Server 2012/2016 and SQL Server 2D122014/2016 are required for the Application and Database Server(s). Amendment-Eden Prairie MN-NWPS-JW 7.9.19(2019-28366-2 7.8).doc • •••. . . tyler••• • • technologies Exhibit 2 Additional Terms for New World Public Safety Hosted Components We will provide you with the New World Public Safety hosted components of Tyler Software indicated in the Investment Summary of this License and Services Agreement. The terms and conditions contained in this document only apply to our provision of those applications. Capitalized terms not otherwise defined will have the meaning assigned to such terms in your License and Services Agreement. 1. Additional Definitions.The following definitions shall apply to this Exhibit: 1.1."New World Public Safety Components" means the New World Public Safety hosted components of Tyler Software identified in the Investment Summary. 1.2."Hosting Services"means the hosting services Tyler will provide for the New World Public Safety Components for the fees set forth in the Investment Summary.Terms and Conditions for the Hosting Services are set forth in this exhibit. 1.3."SLA" means the service level agreement applicable to the Hosting Services for the New World Public Safety Components.A copy of Tyler's current SLA is attached hereto as Schedule 1 to this exhibit. 1.4."Third Party Services"means the services provided by third parties, if any, identified in the Investment Summary. 2. Hosting Terms for New World Public Safety Components. 2.1.We will either host or engage Third Party Services in order to host the New World Public Safety Components set forth in the Investment Summary for the fees set forth therein.You agree to pay those fees according to the terms of the Invoicing and Payment Policy. In exchange for those fees,we agree to provide the Hosting Services according to the terms and conditions set forth in this Exhibit,and the other applicable terms of the Agreement. If you fail to pay those fees,we reserve the right to suspend delivery of the applicable Hosting Services after advance written notice to you of our intention to do so. 2.2.In our sole discretion,we may elect to migrate the Hosting Services to a replacement system (including our own) and will undertake reasonable efforts to complete such transfer during maintenance windows as set forth in the SLA.We will undertake reasonable efforts to provide you with advance written notice of any such transfer.You agree to provide all reasonable assistance and access in connection with any such transfer. In the event the New World Public Safety Components are transferred to our data center and we provide hosting services directly to you, the terms of the SLA will also apply. 2.3.The initial term for the Hosting Services is one(1)year.Thereafter,the term will renew automatically for additional one (1)year terms, unless terminated by either party at least thirty(30)days in advance of the upcoming renewal date. 2.4.Where applicable,we will perform or cause to have performed upgrades of the applications, hardware,and operating systems that support the Hosting Services.These upgrades are performed in commercially reasonable timeframes and in coordination with third-party releases and certifications.We will make available information on industry-standard minimum requirements and supported browsers for accessing the Hosting Services. Amendment-Eden Prairie MN-NWPS-JW 7.9.19(2019-28366-2 7.8).doc • •••'•• tyler .•• . • technologies Exhibit 2 Schedule 1 Service Level Agreement Agreement Overview This SLA outlines the information technology service levels that we will provide to you to ensure the availability of the Hosting Services that you have requested us to provide. All other support services are documented in the applicable Support Call Process. All defined terms not defined below have the meaning set forth in the Agreement. Definitions Attainment:The percentage of time a service is available during a billing cycle, with percentages rounded to the nearest whole number. Client Error Incident: Any service unavailability resulting from your applications, content or equipment, or the acts or omissions of any of your service users or third-party providers over whom we exercise no control. Downtime:Those minutes during which the applicable software products are materially unavailable for your use. Downtime does not include those instances in which only a Defect is present. Service Availability: The total number of minutes in a billing cycle that a given service is capable of receiving, processing, and responding to requests, excluding maintenance windows, Client Error Incidents and Force Majeure. Service Availability The Service Availability of the applicable software products is intended to be 24/7/365. We set Service Availability goals and measures whether we have met those goals by tracking Attainment. Client Responsibilities Whenever you experience Downtime,you must make a support call according to the procedures outlined in the applicable Support Call Process exhibit.You may escalate through the hosting hotline.You will receive a support incident number. Any Downtime is measured from the time we intake your support incident. To track attainment,you must document, in writing, all Downtime that you have experienced during a billing cycle. For purposes of this Service Level Agreement, billing cycle shall be based on each calendar quarter.You must deliver such documentation to Tyler within thirty(30) days of a billing cycle's end. The documentation you provide must substantiate the Downtime. It must include, for example, the support incident number(s) and the date,time and duration of the Downtime(s). Tyler Responsibilities Amendment-Eden Prairie MN-NWPS-JW 7.9.19(2019-28366-2 7.8).doc When our support team receives a call from you that a Downtime has occurred or is occurring, we will work with you to identify the cause of the Downtime (including whether it may be the result of a Client Error Incident or Force Majeure). We will also work with you to resume normal operations. Upon timely receipt of your Downtime report, outlined above, we will compare that report to our own outage logs and support tickets to confirm that a Downtime for which Tyler was responsible indeed occurred. We will respond to your Downtime report within thirty(30) days of receipt. To the extent we have confirmed Downtime for which we are responsible, we will provide you with the relief set forth below. Client Relief When a Service Availability goal is not met due to your confirmed Downtime, we will provide you with relief that corresponds to the percentage amount by which that goal was not achieved, as set forth in the Client Relief Schedule below. Notwithstanding the above,the total amount of all relief that would be due under this SLA will not exceed 5% of the fee for any one billing cycle. Issuing of such credit does not relieve us of our obligations under the Agreement to correct the problem which created the service interruption. A correction may occur in the billing cycle following the service interruption. In that circumstance, if service levels do not meet the corresponding goal for that later billing cycle, your total credits will be doubled,with equal relief being provided in that later billing cycle. Client Relief Schedule Targeted Attainment Actual Attainment Client Relief _ 100% 98-99% Remedial action will be taken at no additional cost to you. 100% 95-97% Remedial action will be taken at no additional cost to you. 4%credit of fee for affected billing cycle will be posted to next billing cycle 100% <95% Remedial action will be taken at no additional cost to you. 5%credit of fee for affected billing cycle will be posted to next billing cycle You may request a report from us that documents the preceding billing cycle's Service Availability, Downtime, any remedial actions that have been/will be taken, and any credits that may be issued. That report is available by contacting the hosting hotline through the support portal(s). Applicability The commitments set forth in this SLA do not apply during maintenance windows, Client Error Incidents, and Force Majeure. We perform maintenance during limited windows that are historically known to be reliably low-traffic times. If and when maintenance is predicted to occur during periods of higher traffic,we will provide advance notice of those windows and will coordinate to the greatest extent possible with you. When maintenance is scheduled to occur, we will provide Amendment-Eden Prairie MN-NWPS-JW 7.9.19(2019-28366-2 7.8).doc approximately two (2)weeks' advance written notice to the contact information that you supply on your notification form. When emergency maintenance is scheduled,you will receive an email at that same contact point. Force Majeure You will not hold us responsible for meeting service levels outlined in this SLA to the extent any failure to do so is caused by Force Majeure. In the event of Force Majeure,we will file with you a signed request that said failure be excused. That writing will include the details and circumstances supporting our request for relief with clear and convincing evidence pursuant to this provision.You will not unreasonably withhold your acceptance of such a request. Amendment-Eden Prairie MN-NWPS-JW 7.9.19(2019-28366-2 7.8).doc CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar July 16, 2019 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development/OHCS Adopt Resolution in Support of LCDA VIII.O. Janet Jeremiah/Jonathan Stanley Application for Paravel Requested Action Move to: Adopt the Resolution supporting the City's application for a Livable Communities Demonstration Account(LCDA) grant for Paravel./Castle Ridge development. Synopsis The Metropolitan Council's Livable Communities Act programs require that a local Resolution be passed and submitted concurrent with a LCDA application. Background Timberland Partners is seeking LCDA grant funds for Paravel, a proposed general occupancy multifamily property that is part of the larger Castle Ridge redevelopment project. LCDA funds are applied for, and if received, are administered and provided to the development project by the local municipality. As part of its application procedure, the Metropolitan Council requires that a local Resolution supporting the application and warranting the City's understanding of its potential grant responsibilities be passed and submitted with the application. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY MINNESOTA RESOLUTION NO. 2019- RESOLUTION IDENTIFYING THE NEED FOR LIVABLE COMMUNITIES DEMONSTRATION ACCOUNT FUNDING AND AUTHORIZING AN APPLICATION FOR GRANT FUNDS WHEREAS the City of Eden Prairie is a participant in the Livable Communities Act("LCA") Local Housing Incentives Account Program for 2019 as determined by the Metropolitan Council, and is therefore eligible to apply for Livable Communities Demonstration Account("LCDA") funds; and WHEREAS the City has identified a proposed project within the City that meets the LCDA's purposes and criteria and is consistent with and promotes the purposes of the Metropolitan Livable Communities Act and the policies of the Metropolitan Council's adopted metropolitan development guide; and WHEREAS the City has the institutional, managerial and financial capability to adequately manage an LCA LCDA grant; and WHEREAS the City certifies that it will comply with all applicable laws and regulations as stated in the grant agreement; and WHEREAS the City agrees to act as legal sponsor for the project(s) contained in the grant application to be submitted on or by August 8, 2019; and WHEREAS the City acknowledges LCDA grants are intended to fund projects or project components that can serve as models, examples or prototypes for development or redevelopment projects elsewhere in the region, and therefore represents that the proposed project or key components of the project can be replicated in other metropolitan-area communities; and WHEREAS only a limited amount of grant funding is available through the Metropolitan Council's LCDA during each funding cycle and the Metropolitan Council has determined it is appropriate to allocate those scarce grant funds only to eligible projects that would not occur without the availability of Demonstration Account grant funding. NOW THEREFORE BE IT RESOLVED that, after appropriate examination and due consideration, the governing body of the City: 1. Finds that it is in the best interests of the City's development goals and priorities for the proposed project to occur at this particular site and at this particular time, subject to all necessary approvals. 2. Finds that the project components for which LCDA funding is sought: (a) will not occur solely through private or other public investment within the reasonably foreseeable future, and (b) will occur within three years after a grant award only if LCDA funding is made available for this project at this time. 3. Represents that the City has undertaken reasonable and good faith efforts to procure funding for the project components for which LCDA funding is sought but was not able to find or secure from other sources funding that is necessary for project component completion. 4. Authorizes its Mayor and City Manager to submit on behalf of the City an application for Metropolitan Council LCDA grant funds for the project component(s) identified in the application, and to execute such agreements as may be necessary to implement the project on behalf of the City. Project applied for: Paravel/Castle Ridge ADOPTED by the City Council of the City of Eden Prairie this 21st day of August, 2018. Ronald A. Case,Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent 7/16/19 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development/Planning Castle Ridge Redevelopment V I I I.P. Janet Jeremiah/Julie Klima Requested Action Move to: • Adopt a Resolution for a Site Plan on 6.94 acres; • Approve the 2nd reading of the Ordinance for Planned Unit Development District Review with waivers on 19.75 acres; and • Approve the Development Agreement for Castle Ridge Redevelopment. Synopsis This is the final approval of the development agreement and plans for Castle Ridge Redevelopment. The property is located at 615-635 Prairie Center Drive. Background On June 13, 2019, the City Council approved the lst reading of the Ordinance for the PUD for Castle Ridge Redevelopment and directed staff to prepare a Development Agreement. The proposed project includes the redevelopment of the existing Broadmoor Apartments and Castle Ridge Care Center. The site plan approval applies only to the proposed Lot 1, Block 1 (senior housing facility). The final development of proposed Outlots A and B will be subject to further Planning Commission and City Council review through PUD and site plan review. The 120-Day review period expires on July 16, 2019. Attachments 1. Ordinance—PUD District Review with waivers 2. Ordinance Summary 3. Resolution—Site Plan 4. Development Agreement CASTLE RIDGE REDEVELOPMENT CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO.16-2019-PUD-9-2019 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA,AMENDING THE ZONING OF CERTAIN LAND WITHIN ONE DISTRICT,AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99,WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance allows amendment of the zoning of land located at 615-635 Prairie Center Drive within the C-Com and RM-2.5 Zoning Districts. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen Porta, City Clerk Ronald A. Case, Mayor PUBLISHED in the Eden Prairie News on , 2019. (A full copy of the text of this Ordinance is available from City Clerk.) EXHIBIT A Real property in the City of Eden Prairie, County of Hennepin, State of Minnesota, described as follows: TRACT A: Parcel 1A: Lot 2,Block 1,Fountain Place, according to the recorded plat thereof,Hennepin County,Minnesota. Abstract and Registered Property Certificate of Title No. 1382455 Parcel 2A: Outlot A, Castle Ridge 2nd Addition,according to the recorded plat thereof,Hennepin County, Minnesota. Registered Property Certificate of Title No. 1382455 Parcel 3A: Non-exclusive easement for access purposes for the benefit of Outlot A, Castle Ridge 2nd Addition as defined in the Declaration of Access Easements dated May 6,2008,recorded May 16, 2008 as Document No.4497122 in the office of the Registrar of Titles. TRACT B: Parcel 1B: Lot 1,Block 2, Castle Ridge,according to the recorded plat thereof on file and of record in the Office of the County Recorder,Hennepin County,Minnesota. Abstract Property Parcel 2B: Non-exclusive easements and rights contained in the Declaration of Easements dated July 9, 1981, recorded July 28, 1981, as Document No. 4659643. TRACT C: Parcel 1C(Castle Ridge Apartments,LLC)Lot 2,Block 2,CASTLE RIDGE, according to the recorded plat thereof on file and of record in the Office of the County Recorder,Hennepin County, Minnesota. Units in A Wing: Unit Nos. 100, 101, 102, 103, 104, 105, 106, 107, 108,200,201,202,203,204,205,206,207, 208, 301, 302, 303, 304, 305, 306, 307, 308,400,401,402,403,404,405, 406,407 and 408. Units in B Wing: Unit Nos. 121, 122, 123, 124, 125, 126, 127, 128, 129, 130,221,223, 224,225,226,227,228,229, 230, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330,421,422,424,425,426,427,428,429 and 430. Units in C Wing: Unit Nos. 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119,209,210,211,212,213,214,215, 216,217,218,219, 309, 310, 311, 313, 314, 315, 316,317, 318, 319,409,410,411,412,413,414, 415,416,417,418 and 419. Units in D Wing: Unit Nos. 150, 151, 152, 153, 154, 155, 156, 157, 158,250,251,252, 253,254,255,256,257, 258, 350, 351, 352, 353, 354, 355, 356, 357, 358,450,451,452,453,454,455,456,457 and 458. Units in E Wing: Unit Nos. 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169,259,260,261,262,263,264,265, 266,267,268,269, 359, 360, 361, 362, 363, 364, 365,366, 367, 368, 369,459,460,461,462,463, 464,465,466,467,468 and 469. Units in F Wing: Unit Nos. 171, 172, 173, 174, 175, 176, 177, 178, 179, 180,271,272,273,274,275,276,277,278, 279,280, 371, 372, 373, 374, 375, 376, 377, 378, 379,380,471,472,473,474,475,476,477,478, 479 and 480. Garage Unit Nos. 1, 2, 3, 4, 5, 6, 7, 9, 10, 11, 12, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27 and 28. All in Condominium No. 274, Castle Ridge Retirement Community, a condominium,Hennepin County,Minnesota. Parcel 2C(Trustees of the Judith W. Marr Trust u/a/d July 26,2005)Unit No. 312 (C Wing) and Garage Unit 13, Condominium No. 274, Castle Ridge Retirement Community, a condominium, Hennepin County,Minnesota. Parcel 3C: (Bruce D. Parkin) Unit No. 300, Condominium No. 274, Castle Ridge Retirement Community, a condominium, Hennepin County,Minnesota. Parcel 4C: (Cheryl L. Stinski) Unit No. 222 and Garage Unit No. 8, Condominium No. 274, Castle Ridge Retirement Community, a condominium,Hennepin County,Minnesota. Parcel SC: (Margery A. Fehling and Cheryl Stinski) Unit No. 423, Condominium No. 274, Castle Ridge Retirement Community, a condominium, Hennepin County,Minnesota. Parcel 6C: (K.S.C.S Properties,Inc., a Minnesota corporation) Unit No. 500, Condominium No. 274,Castle Ridge Retirement Community, a condominium, Hennepin County,Minnesota. Parcel 7C: Non-exclusive easements as contained in Declaration(of Easements)dated July 9, 1981,recorded july 28, 1981 as Document No. 4659643. Abstract Property TOGETHER WITH: That part of the Castlemoor Drive as dedicated on CASTLE RIDGE, according to the recorded plat thereof,Hennepin County,Minnesota lying easterly of a line drawn perpendicular from a point on the north line of said Castlemoor Drive, distant 62.48 feet easterly of the southwest corner of Lot 1, Block 2, said CASTLE RIDGE, as measured along the south line of said Lot 1. (road to be vacated) CASTLE RIDGE REDEVELOPMENT CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 16-2019-PUD-9-2019 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,AMENDING CERTAIN LAND WITHIN A ZONING DISTRICT,AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT,AND,ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be amended within the Community Commercial and RM-2.5 Zoning Districts 16-2019-PUD-9-2019 (hereinafter "PUD-9-2019). Section 3. The City Council hereby makes the following findings: A. PUD-9-2019 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-9-2019 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-9-2019are justified by the design of the development described therein. D. PUD-9-2019 is of sufficient size, composition, and arrangement that its construction, marketing, and operation is feasible as a complete unit without dependence upon any subsequent unit. Section 4. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of July 16, 2019, entered into between Presbyterian Homes Housing and Assisted Living and the City of Eden Prairie, (hereinafter"Development Agreement"). The Development Agreement contains the terms and conditions of PUD-9-2019, and are hereby made a part hereof. Section 5. The proposal is hereby adopted and the land shall be, and hereby is amended within the Community Commercial and RM -2.5 Zoning Districts and shall be included hereafter in the Planned Unit Development 9-2019, 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 18th day of June, 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 16th day of July, 2019. ATTEST: Kathleen Porta, City Clerk Ronald A. Case, Mayor PUBLISHED in the Eden Prairie News on July 25, 2019. EXHIBIT A PUD Legal Description Real property in the City of Eden Prairie, County of Hennepin, State of Minnesota, described as follows: TRACT A: Parcel 1A: Lot 2, Block 1, Fountain Place, according to the recorded plat thereof, Hennepin County, Minnesota. Abstract and Registered Property Certificate of Title No. 1382455 Parcel 2A: Outlot A, Castle Ridge 2nd Addition, according to the recorded plat thereof, Hennepin County, Minnesota. Registered Property Certificate of Title No. 1382455 Parcel 3A: Non-exclusive easement for access purposes for the benefit of Outlot A, Castle Ridge 2nd Addition as defined in the Declaration of Access Easements dated May 6, 2008, recorded May 16, 2008 as Document No. 4497122 in the office of the Registrar of Titles. TRACT B: Parcel 1B: Lot 1, Block 2, Castle Ridge, according to the recorded plat thereof on file and of record in the Office of the County Recorder, Hennepin County, Minnesota. Abstract Property Parcel 2B: Non-exclusive easements and rights contained in the Declaration of Easements dated July 9, 1981, recorded July 28, 1981, as Document No. 4659643. TRACT C: Parcel 1C (Castle Ridge Apartments, LLC) Lot 2, Block 2, CASTLE RIDGE, according to the recorded plat thereof on file and of record in the Office of the County Recorder, Hennepin County, Minnesota. Units in A Wing: Unit Nos. 100, 101, 102, 103, 104, 105, 106, 107, 108, 200, 201, 202, 203, 204, 205, 206, 207, 208, 301, 302, 303, 304, 305, 306, 307, 308, 400, 401, 402, 403, 404, 405, 406, 407 and 408. Units in B Wing: Unit Nos. 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 221, 223, 224, 225, 226, 227, 228, 229, 230, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 421, 422, 424, 425, 426, 427, 428, 429 and 430. Units in C Wing: Unit Nos. 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 309, 310, 311, 313, 314, 315, 316, 317, 318, 319, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418 and 419. Units in D Wing: Unit Nos. 150, 151, 152, 153, 154, 155, 156, 157, 158, 250, 251, 252, 253, 254, 255, 256, 257, 258, 350, 351, 352, 353, 354, 355, 356, 357, 358, 450, 451, 452, 453, 454, 455, 456, 457 and 458. Units in E Wing: Unit Nos. 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 359, 360, 361, 362, 363, 364, 365, 366, 367, 368, 369, 459, 460, 461, 462, 463, 464, 465, 466, 467, 468 and 469. Units in F Wing: Unit Nos. 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 471, 472, 473, 474, 475, 476, 477, 478, 479 and 480. Garage Unit Nos. 1, 2, 3, 4, 5, 6, 7, 9, 10, 11, 12, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27 and 28. All in Condominium No. 274, Castle Ridge Retirement Community, a condominium, Hennepin County, Minnesota. Parcel 2C (Trustees of the Judith W. Marr Trust u/a/d July 26, 2005) Unit No. 312 (C Wing) and Garage Unit 13, Condominium No. 274, Castle Ridge Retirement Community, a condominium, Hennepin County, Minnesota. Parcel 3C: (Bruce D. Parkin) Unit No. 300, Condominium No. 274, Castle Ridge Retirement Community, a condominium, Hennepin County, Minnesota. Parcel 4C: (Cheryl L. Stinski) Unit No. 222 and Garage Unit No. 8, Condominium No. 274, Castle Ridge Retirement Community, a condominium, Hennepin County, Minnesota. Parcel 5C: (Margery A. Fehling and Cheryl Stinski) Unit No. 423, Condominium No. 274, Castle Ridge Retirement Community, a condominium, Hennepin County, Minnesota. Parcel 6C: (K.S.C.S Properties, Inc., a Minnesota corporation) Unit No. 500, Condominium No. 274, Castle Ridge Retirement Community, a condominium, Hennepin County, Minnesota. Parcel 7C: Non-exclusive easements as contained in Declaration(of Easements) dated July 9, 1981, recorded july 28, 1981 as Document No. 4659643. Abstract Property TOGETHER WITH: That part of the Castlemoor Drive as dedicated on CASTLE RIDGE, according to the recorded plat thereof, Hennepin County, Minnesota lying easterly of a line drawn perpendicular from a point on the north line of said Castlemoor Drive, distant 62.48 feet easterly of the southwest corner of Lot 1, Block 2, said CASTLE RIDGE, as measured along the south line of said Lot 1. (road to be vacated) CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2019- A RESOLUTION GRANTING SITE PLAN APPROVAL FOR CASTLE RIDGE REDEVELOPMENT BY SENIOR HOUSING PARTNERS WHEREAS, Senior Housing Partners has applied for Site Plan approval of Castle Ridge Redevelopment to construct a senior housing facility, by an Ordinance approved by the City Council on July 16, 2019; and WHEREAS, the Planning Commission has reviewed said application at a public hearing at its April 22 and May 13, 2019 meetings. WHEREAS, the City Council has reviewed said application at a public hearing at its June 18, 2019 meeting. NOW, THEREFORE,BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,that site plan approval is granted to Senior Housing Partners based on the Development Agreement between Presbyterian Homes Housing and Assisted Living and the City of Eden Prairie, reviewed and approved by the City Council on July 16, 2019. ADOPTED by the City Council of the City of Eden Prairie this 16th day of July, 2019. Ronald A. Case, Mayor ATTEST: Kathleen Porta, City Clerk DEVELOPMENT AGREEMENT Castle Ridge Redevelopment THIS DEVELOPMENT AGREEMENT ("Agreement") is entered into as of July , 2019, by PRESBYTERIAN HOMES HOUSING AND ASSISTED LIVING, INC., a Minnesota non-profit corporation, hereinafter referred to as "Developer," its successors and assigns, and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City": WITNESSETH: WHEREAS, Developer has applied to City for Planned Unit Development Concept Review on 19.75 acres, Planned Unit Development District Review with waivers on 19.75 acres, Zoning District Change from Community Commercial to RM—2.5 Zoning District on 1.33 acres and RM-2.5 to Community Commercial on 0.129 acres, Site Plan Review on 6.94 acres, and Preliminary Plat of 19.75 acres into 1 lot and 3 outlots (the "Applications"), legally described on Exhibit A (the "Property"); WHEREAS, Developer, the City, and others entered into that certain Development Agreement dated March 4, 2008, recorded on May 16, 2008 as Document No. 9134828 with the Hennepin County Recorder and as Document No. 4497100 with the Hennepin County Registrar of Titles("2008 Development Agreement"),that certain dated Environmental Indemnity and Hold Harmless Agreement dated May 8, 2008, recorded on May 16, 2008 as Document No. 9134831 with the Hennepin County Recorder and as Document No. 4497116 with the Hennepin County Registrar of Titles ("2008 Indemnity Agreement"), that certain Agreement Regarding Special Assessments dated May 8, 2008, recorded on May 16, 2008 as Document No. 9134830 with the Hennepin County Recorder and as Document No. 4497115 with the Hennepin County Registrar of Titles ("2008 Special Assessment Agreement"), that certain Regulatory Agreement dated as of October 1, 2004, recorded November 24, 2004 as Document No. 8480659, as amended and restated by Amended and Restated Regulatory Agreement dated as of September 4,2014,recorded September 8, 2014 with the Hennepin County Recorder as Document No. A10114867 ("2004 Regulatory Agreement"), and that certain Agreement Regarding Special Assessments dated as of October 28, 2004,recorded January 6,2005 as Document No. 8503712 with the Hennepin County Recorder and as Document No. 4062376 with the Hennepin County Registrar of Titles ("2004 Special Assessment Agreement"), all pertaining to the Property. WHEREAS,the Property will be re-platted into Lot 1, Castle Ridge and Outlot A, Outlot B, and Outlot C, Castle Ridge. For purposes of this Agreement, Lot 1 is referred to as either Lot 1 or Phase 1; and Outlot A and Outlot B are referred to as "Outlot A" and"Outlot B" and collectively as the "Outlots;" and Lot 1, Outlot A, Outlot B, and Outlot C are, as identified in the first Whereas clause, the "Property." NOW, THEREFORE, in consideration of the City adopting Resolution No. for Planned Unit Development Concept Review, Ordinance No. for Planned Unit Development District Review and Zoning District Change from Community Commercial to RM — 2.5 on 1.33 acres and RM-2.5 to Community Commercial on 0.129 acres, Resolution No. for Site Plan Review, and Resolution No. for Preliminary Plat, Developer agrees to construct, develop and maintain the Property as follows: 1. PLANS: Developer shall develop the Property in conformance with the materials revised and stamp dated June 4, 2019, reviewed and approved by the City Council on June 16, 2019, (hereinafter the "Plans") and identified on Exhibit B, subject to such changes and modifications as provided herein. 2. EXHIBIT C: Developer agrees to the terms, covenants, agreements, and conditions set forth in Exhibit C. 3. AFFORDABLE UNITS: The Developer shall provide on Lot 1 at all times fourteen (14) affordable units. These units shall be care center units occupied by residents whose annual income is at 30% or less of Hennepin County AMI, as adjusted annually by the Minnesota Housing Finance Agency. By February 15th of each year, the Developer shall provide the City rent roll information and occupancy information for the preceding year confirming compliance with this requirement on Exhibit D attached hereto. 4. CASH PARK FEES: The Developer shall pay Cash Park Fees on all of the units in the Property except for the 14 affordable units referenced in paragraph 3 of this Agreement. 5. ACCESS AND MAINTENANCE DECLARATION FOR THE PROPERTY: Prior to release of the final plat for the Property, Developer shall provide a Declaration of Covenants, Easements, Restrictions and Development Standards (hereinafter"Access and Maintenance Declaration") over Outlot C, the north-south driveway connecting Outlot C and Prairie Center Drive, the east-west driveway connecting Columbine Road and the north-south driveway (hereinafter referred to individually as the "Private Street" and collectively as the "Private Streets"), the other driveways and parking areas, and sanitary sewer, watermain, and storm sewer facilities located within the Property as shown on the Plans(referred to collectively as the"Private Streets and Facilities"). The Declaration shall provide cross access to Lot 1 and Outlots A and B of the Property. The form of the Access and Maintenance Declaration must be approved in writing by the City Engineer. This Access and Maintenance Declaration shall address vehicle access and maintenance over the Private Streets and Facilities, which shall be privately owned and maintained by the Developer. After approval by the City, Developer shall file the Access and Maintenance Declaration with the Hennepin County Registrar of Titles' Office and the Hennepin County Recorder's Office immediately after the recording of the final plat and prior to recording of any document affecting the property including but not limited to any mortgage granted by the Developer or owners, their successors and/or assigns. 6. ACCESS EASEMENT FOR FOUNTAIN PLACE: Prior to release of the final plat for the Property, Developer shall provide an Access Easement in favor of property legally described as Lot 1, Block 1, Fountain Place, PID No. 1411622330037 (the "Benefitted Property"). The Access Easement shall be executed by the owner of Benefitted Property and shall grant an access easement for the Benefitted Property over the Private Streets and that portion of to-be-vacated Castlemoor Drive located between the eastern boundary of Outlot C and the eastern boundary of the Benefitted Property extended northwesterly across the to-be-vacated street. The form of the Access Easement submitted to the City Attorney on July 12,2019 has been approved by the City Engineer. The Access Easement includes provisions for vehicle access and the relocation of current access points and additional access points along Outlot C to future driveways or private streets on the Benefitted Property so as to not limit redevelopment opportunities for the Benefitted Property. The cost of creating such additional access points shall be borne by the party requesting the same. Proof of execution of the Access Easement shall be provided to the City prior to the release of the final plat. Developer shall file the Access Easement with the Hennepin County Registrar of Titles' Office and the Hennepin County Recorder's Office immediately after the recording of the final plat and the Access and Maintenance Declaration and prior to recording of any document affecting the property including but not limited to any mortgage granted by the Developer or owners, their successors and/or assigns. 7. DEVELOPER'S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a violation of City Code relating to use of the Land, construction thereon or failure to fulfill an obligation imposed upon the Developer pursuant to this Agreement, City shall give 24 hour notice of such violation in order to allow a cure of such violation, provided however, City need not issue a building or occupancy permit for construction or occupancy on Phase 1 while such a violation is continuing, unless waived by City. The existence of a violation of City Code or the failure to perform or fulfill an obligation required by this Agreement shall be determined solely and conclusively by the City Manager of the City or a designee. 8. DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer shall release, defend and indemnify City, its elected and appointed officials, employees and agents from and against any and all claims, demands, lawsuits, complaints, loss, costs (including attorneys' fees), damages and injunctions relating to any acts, failures to act, errors, omissions of Developer or Developer's consultants, contractors, subcontractors, suppliers and agents. Developer shall not be released from its responsibilities to release, defend and indemnify because of any inspection, review or approval by City. 9. EXTERIOR MATERIALS: Prior to building permit issuance, Developer shall submit to the City Planner, and receive the City Planner's written approval of a plan depicting exterior materials and colors to be used on the buildings on the Property. Prior to issuance of any occupancy permit for the Property, Developer shall complete implementation of the approved exterior materials and colors plan in accordance with the terms and conditions of Exhibit C, attached hereto. 10. FINAL PLAT: The final plat of the Property shall be recorded with the Hennepin County Registrar of Title's Office and the Hennepin County Recorder's Office, as appropriate, within 90 days of approval by the City Council or within 2 years of approval of the Preliminary Plat, whichever occurs first. If the final plat is not filed within the specified time, the City Council may, upon ten days written notice, to the Developer, consider a resolution revoking the approval. 11. FUTURE DEVELOPMENT: Developer acknowledges that the City has reviewed only the concept development plans for Outlot A and Outlot B. Resolution No. provides guidance for future development proposals for Outlot A and Outlot B. Prior to any development or construction on Outlot A or Outlot B, except for demolition and land alteration consistent with the Plans submitted for Phase I, Developer shall be required to submit detailed development plans and all other submittals required by the Eden Prairie City Code, and obtain the recommendation of the Planning Commission and the approval of the City Council. 12. GRADING, DRAINAGE, AND STORMWATER POLLUTION PREVENTION PLANS: A. FINAL GRADING AND DRAINAGE PLAN: Developer agrees that the grading and drainage plan contained in the Plans is conceptual. Prior to the release of a land alteration permit for the Property, Developer shall submit and obtain the City Engineer's written approval of a final grading and drainage plan for the Property. The final grading and drainage plan shall include all wetland information,including wetland boundaries, wetland buffer strips and wetland buffer monument locations; all Stormwater Facilities,such as water quality ponding areas,stormwater detention areas, and stormwater infiltration systems; and any other items required by the application for and release of a land alteration permit. All design calculations for storm water quality and quantity together with a drainage area map shall be submitted with the final grading and drainage plan. Developer shall furnish to the City Engineer and receive the City Engineers' written approval of a security in the form of a bond, cash escrow, or letter of credit, equal to 125% of the cost of said improvements as required by City Code. Prior to release of the grading security, Developer shall certify to the City that the Stormwater Facilities conform to the final grading plan and that the Stormwater Facilities are functioning in accordance with the approved plans. Developer shall employ the design professional who prepared the final grading plan. The design professional shall monitor critical phases of construction for conformance to the approved final grading plan and Stormwater Pollution Prevention Plan (SWPPP). The design professional shall provide a final report to the City certifying completion of the grading in conformance the approved final grading plan and SWPPP. In addition, the design professional retained by the Developer to perform the monitoring of the Project shall be responsible for all monitoring,data entry and reporting to the PermiTrack ESC web-based erosion and sediment permit tracking program utilized by the City. B. STORMWATER FACILITY CONSTRUCTION: Stormwater Facilities, including detention basins,retention basins,"Stormwater Infiltration"or"Filtration Systems" (such as rainwater gardens, vegetated swales, infiltration basins, vegetated filters, filter strips, curbless parking lot islands, parking lot islands with curb-cuts, traffic islands, tree box filters, bioretention systems or infiltration trenches) or "Underground Systems" (such as media filters, underground sand filters, underground vaults, sedimentation chambers, underground infiltration systems, pre-manufactured pipes, modular structures or hydrodynamic separators) shall be maintained by the Developer during construction and for a minimum of two(2)full growing seasons after completion of the development to ensure that soil compaction, erosion, clogging, vegetation loss, channelization of flow or accumulation of sediment are not occurring, and thereafter by the Owner of the Property. Planting and Maintenance Plans for the Stormwater Facilities (where appropriate) to ensure that the Stormwater Facilities continue to function as designed in perpetuity must be submitted prior to release of the first building permit for the Development Developer shall employ the design professional who prepared the final grading plan to monitor construction of the Stormwater Facilities for conformance to the Minnesota Pollution Control Agency publication entitled "State of Minnesota Storm Water Manual", current edition, the approved final grading plan and the requirements listed herein. All inspections of underground systems shall be performed by personnel that have approved OSHA confined space training. Maintenance techniques must be used during construction to protect the infiltration capacity of all Stormwater Infiltration Systems by limiting soil compaction to the greatest extent possible. This must include delineation of the proposed infiltration system with erosion control fencing prior to construction; installation of the infiltration system using low-impact earth moving equipment; and not allowing equipment,vehicles, supplies or other materials to be stored or allowed in the areas designated for stormwater infiltration during construction. In areas of structural infiltration Developer shall prior to construction of the infiltration system provide a plan that addresses: (i) construction management practices to assure the infiltration system will be functional; (ii), erosion control measures; (iii) infiltration capacity; (iv) performance specifications that the completed infiltration system must meet to be considered functional by City and (v) corrective actions that will be taken if the infiltration system does not meet the performance specification. All Stormwater Infiltration Systems must be inspected after stabilization to ensure that the area is infiltrating as proposed and to determine if corrective measures are required to allow infiltration as proposed. Infiltration Systems must not be constructed until the site is stabilized and after final grading to avoid sedimentation within the Infiltration System. Field verification of post-construction infiltration rates must be provided to the City within 30 days after the first rainfall event of inch or greater after the Stormwater Infiltration Systems become operational. If infiltration rates are reduced a plan to restore adequate infiltration must be provided within 90-days of the field verification test. The work required to bring the Stormwater Infiltration System back into compliance be implemented within 60 days of City approval of the plan. Pervious surfaces shall be stabilized with seed and mulch or sod and all impervious surfaces must be completed prior to final grading and planting of the Stormwater Infiltration Systems. Stormwater Infiltration Systems that are constructed underground shall be designed for maintenance access and installed in conformance with the standards outlined in The Minnesota Stormwater Manual, most recent edition, and/or the Plans. The System shall be kept off-line until construction is complete. Field verification of post-construction infiltration rates must be provided to the City within 30 days after the first rainfall event of one-half inch or greater following the Storm Water Infiltration Systems becoming operational. If the infiltration rates are reduced by construction,a plan to restore adequate infiltration must be provided within 90-days of the field test C. STORMWATER FACILITY INSPECTION AND MAINTENANCE: A Stormwater Maintenance Plan must be provided for operation and maintenance of all Stormwater Facilities to ensure they continue to function as designed in perpetuity prior to issuance of the Land Alteration Permit. The Stormwater Maintenance Plan must identify and protect the design, capacity and functionality of all Stormwater Facilities. The Maintenance Plan must contain at a minimum: the party(s) responsible for maintenance; access plans; inspection frequency; methods used for field verification of infiltration for Stormwater Infiltration Systems; routine and non-routine inspection procedures; sweeping frequency for all parking and road surfaces; plans for restoration of reduced infiltration for Stormwater Infiltration Systems; and plans for replacement of failed systems, all pursuant to and in accordance with Eden Prairie City Code Section 11.55, Subd. 8. During construction and for two years following completion of construction, all Stormwater Facilities shall be inspected at a minimum of once annually to determine if the Stormwater Facility(s) is treating stormwater as designed and should occur within 72-hours after a rainfall event of one-inch or greater to verify infiltration. All Stormwater Facilities shall be kept free of debris, litter, invasive plants and sediment. Erosion impairing the function or integrity of the Stormwater Facilities, if any, must be corrected and any structural damage impairing or threatening to impair the function of the Stormwater Facilities must be repaired. The following criteria must be included in the inspection: • A storage treatment basin (including retention and detention basins) shall be considered inadequate if sediment has decreased the wet storage volume by 50 percent or dry storage volume by 25 percent of its original design volume. • A Stormwater Infiltration System shall be considered inadequate if sediment has accumulated that impairs or has the potential to impair infiltration of stormwater. • An underground storage chamber shall be considered inadequate if sediment has decreased the storage volume by 50 percent of its original design volume. Based on this inspection,if a Stormwater Facility requires cleanout,the Stormwater Facility shall be restored to its original design and/or the infiltration capacity of the underlying soils must be restored and any surface disturbance must be stabilized within one year of the inspection date. Sediment, debris, litter or vegetation removal in Stormwater Infiltration Systems shall to the extent practical be removed by hand during dry periods. Only enough sediment shall be removed as needed to restore hydraulic capacity, leaving as much of the vegetation in place as possible. Any damaged turf or vegetation shall be reseeded or replaced. For any situations in which hand removal is not practical, Developer shall identify in the Stormwater Maintenance Plan procedures that will be implemented to protect functionality of the Stormwater Infiltration Systems. After the two-year period of maintenance,the Owner of the Property shall continue to be responsible for maintenance of the Stormwater Facilities. This shall include inspections at a minimum of once per every five years. Regular maintenance shall be conducted and must include regular sweeping of private streets, parking lots or drive aisles at a minimum of once per year; debris and litter removal; removal of noxious and invasive plants; removal of dead and diseased plants; maintenance of approved vegetation; re-mulching of void areas; replanting or reseeding areas where dead or diseased plants were removed; and removal of sediment build-up. Sediment build-up in above-ground Stormwater Infiltration or Filtration Systems shall to the extent practical be removed by hand. For any situations in which hand removal is not practical, Developer shall identify in the Stormwater Maintenance Plan procedures that will be implemented to protect functionality of the Stormwater Infiltration Systems. Areas above Underground Systems shall be kept free of structures that would limit access to the System for inspections, maintenance or replacement. D. STORMWATER POLLUTION PREVENTION PLAN (SWPPP): Prior to issuance of a land alteration permit, Developer shall submit to the City Engineer and obtain City Engineer's written approval of Stormwater Pollution Prevention Plan (SWPPP) for the Property. The SWPPP shall include all boundary erosion control features, temporary stockpile locations, turf restoration procedures, concrete truck washout areas and any other best management practices to be utilized within the Project. Prior to release of the grading bond, Developer shall complete implementation of the approved SWPPP. 13. IRRIGATION PLAN: Developer shall submit to the City Planner and receive the City Planner's written approval of a plan for irrigation of the landscaped areas on the Property. The irrigation plan shall be designed so that water is not directed on or over public trails and sidewalks. Developer shall complete implementation of the approved irrigation plan in accordance with the terms and conditions of Exhibit C prior to issuance of a final occupancy permit for the Property. 14. LANDSCAPE PLAN: Prior to building permit issuance, the Developer shall submit to the City Planner and receive the City Planner's written approval of an executed landscape agreement and a final landscape plan for the Property including all proposed trees shrubs, perennials, and grasses as depicted on the Exhibit B Plans. Prior to building permit issuance, Developer shall also submit to the City Planner and receive the City Planner's written approval of a security in the form of a cash escrow or letter of credit equal to 150%of the cost of said improvements including all proposed trees, shrubs, perennials, and grasses as depicted on the landscape and tree replacement plan on the Exhibit B Plans. The approved landscape plan shall be consistent with the quantity, type, and size of all plant materials shown on the landscape plan on the Exhibit B Plans. The approved landscape plan shall include replacement trees of a 2.5-inch diameter minimum size for a shade tree and a 6-foot minimum height for conifer trees. The approved landscape plan shall also provide that, should actual tree loss exceed that calculated herein, Developer shall provide tree replacement on a caliper inch per caliper inch basis for such excess loss. The installation shall conform to the approved landscape plan including but not limited to the size, species and location as depicted on the Exhibit B Plans. Any changes, including but not limited to removal and relocation,to the landscape plan or landscaping installed on the Property shall be reviewed and approved by the City prior to implementing said changes. Developer shall complete implementation of the approved landscape plan as depicted on the Exhibit B Plans and in accordance with the terms and conditions of Exhibit C of this Development Agreement. 15. MECHANICAL EQUIPMENT SCREENING: Developer shall submit to the City Planner, and receive the City Planner's written approval of a plan for screening of mechanical equipment on the Property. For purposes of this paragraph, "mechanical equipment" includes gas meters, electrical conduit, water meters, and standard heating, ventilating,and air-conditioning units. Security to guarantee construction of said screening shall be included with that provided for landscaping on the Property, in accordance with City Code requirements. Developer shall complete implementation of the approved plan prior to issuance of a final occupancy permit for the Property. If,after completion of construction of the mechanical equipment screening,it is determined by the City Planner, in his or her sole discretion, that the constructed screening does not meet the Code requirements to screen mechanical equipment from public streets and differing, adjacent land uses, then the City Planner shall notify Developer and Developer shall take corrective action to reconstruct the mechanical equipment screening in order to cure the deficiencies identified by the City Planner. Developer agrees that the City will not release the security provided until Developer completes all such corrective measures. 16. OTHER AGENCY APPROVALS: The Developer shall be responsible for submitting to the City Engineer, copies of all necessary approvals issued by other agencies for the project. These submittals are required prior to issuance by the City of the corresponding City permit(s). The agencies issuing such approvals include,but are not necessarily limited to, the following: the Minnesota Pollution Control Agency, Metropolitan Commission Environmental Services, Metropolitan Airports Commission. The City Planner may determine that conditions of approval required by the Riley Purgatory Bluff Creek Watershed District require changes to the City approvals which may entail additional City review, including public hearing(s) for recommendation by the Planning Commission and approval by the City Council. Developer consents to such additional review as determined by the City Planner and agrees to an extension pursuant to Minn. Stat. Section 15.99 of an additional 60 days for the additional review. 17. OWNER'S SUPPLEMENT TO DEVELOPMENT AGREEMENT: The Owner's Supplements to this Agreement executed by and between the City of Eden Prairie and the following are attached hereto and made a part hereof. A. Castle Ridge Apartments LLC B. Castle Ridge Care Center, Inc. 18. PERFORMANCE STANDARDS: Developer agrees that the Property will be operated in a manner meeting all applicable noise, vibration, dust and dirt, smoke, odor and glare laws and regulations. Developer further agrees that the facility upon the Property shall be operated so noise, vibration, dust and dirt, smoke, odor and glare do not go beyond the Property boundary lines. 19. PUBLIC USE OF STREETS: The Private Streets as shown on the Plans shall be open to the use of the public as a matter of right for the purposes of vehicular traffic as if they were "streets" as defined in Minnesota Statutes § 169.011, Subd. 81. Maintenance of the Private Streets shall be governed by the terms of the Access and Maintenance Declaration required by paragraph 5 of this Agreement. 20. PUD WAIVERS GRANTED: The City hereby grants the following waivers to City Code requirements within the (list zoning districts to which waivers will be granted) District through the Planned Unit Development District Review for Lot 1 redevelopment only and incorporates said waivers as part of PUD (list PUD number): 1. Density from 17.4 units per acre to 40 units per acre The RM-2.5 zoning district allows 17.4 dwelling units per acre. This project provides a total of 274 units on 6.84 acres for a total of 40 units per acre. 2. Gross Site Area from 2,500 square feet per unit to 1087 square feet per unit City Code requires the total area of proposed Lot 1 to be 2,500 square feet per unit or 685,000 square feet. The site is 6.84 acres or 297,950 square feet. 3. Building height from 45 feet to 68 feet at its highest point. The Presbyterian Homes building is 5 stories. The building has rooflines ranging from approximately 57 feet to 68 feet in height, as noted on the Plans. 4. Parking Setback along Castlemoor Drive from 35 feet to 15.4 feet. Castlemoor Drive is a public street therefore parking must comply with the front yard setback of 35 feet. If Castlemoor Drive is not vacated as proposed this setback wavier to 15.4 feet is approved. 5. Building Setback along Castlemoor Drive from 35 feet to 29.8 feet. Castlemoor Drive is a public street therefore parking must comply with the front yard setback of 35 feet. If Castlemoor Drive is not vacated as proposed this setback waiver to 29.8 feet is approved. 6. Group Usable Open Space from 600 square feet per unit to 175.27 square feet per unit. The proposed project includes indoor and outdoor spaces suitable for people to recreate and socialize. The indoor spaces include areas such as community rooms, a fitness center, a library, a sitting room, a sunroom, and craft rooms. The outdoor spaces include terraces (including rooftop terraces)that include amenities as noted in the narrative. The project provides a variety of opportunities for residents of varying abilities and mobility levels to recreate and socialize. 7. Parking from 548 parking stalls 296 parking stalls There are 146 underground parking spaces and 150 surface parking spaces provided on the site plan. City Code requires 2 parking spaces per unit. The proposal provides for 1.08 parking stalls per unit. Deducting the care center and memory care units from that calculation is appropriate since those residents are not driving. Therefore, the resulting parking ratio is 1.57 stalls per unit. Other senior facilities with similar services have received waivers to the parking requirements due to the unique nature of these facilities and impact on residents' vehicular needs. 8. Covered Parking from 274 parking stalls to 146 parking stalls. City Code requires 2 parking stalls per unit with at least one of the stalls (50% of the stalls) being covered. The underground parking garage includes 146 parking stalls. Of the 296 parking stalls provided, 146 are to be covered which is 49.3%of the provided stalls. 9. Landscaping from 1388 caliper inches to 629.24 caliper inches The plan currently provides for 758.76 caliper inches. The landscaping plan provides a robust variety of plant materials that provide color and interest. The amount of landscaping provided on site is appropriate and sustainable over the long term. 10. Allow Temporary Off-site parking The plan proposes parking along the east side of the center drive that connects Prairie Center Drive to Castlemoor Drive. These parking stalls are located on proposed Outlot B and are not counted in the 150 parking stalls being provided toward the Lot 1 parking. These stalls are proposed to be constructed as a part of Phase I construction but will ultimately serve the development that will be constructed on Outlot B and will be counted as part of the parking requirement for that area. The Access and Maintenance Declaration will address this parking. 11. Payment in Lieu of Park Dedication The developer has requested that the payment in lieu of park dedication be waived for all 274 of the Presbyterian Homes units. This waiver request is approved for only the 14 units to be provided at or below 30%AMI. 21. RETAINING WALLS: Prior to issuance by the City of any permit for grading or construction on the Property, Developer shall submit to the Chief Building Official, and obtain the Chief Building Official's written approval of detailed plans for any retaining walls greater than four feet in height. These plans shall include details with respect to the height, type of materials, and method of construction to be used for the retaining walls. Developer shall complete implementation of the approved retaining wall plan in accordance with the terms and conditions of Exhibit C, attached hereto, prior to issuance of any occupancy permit for the Property. All maintenance and repair of all retaining walls on the Property shall be the responsibility of the Developer, its successors and assigns. 22. PRIVATE SIDEWALK CONSTRUCTION: Developer shall complete implementation of the approved private sidewalks as shown in the Plans in accordance with the terms of Exhibit C prior to issuance of any occupancy permit for the Property.All private sidewalks shall be open to the use of the public for purposes of pedestrian traffic. Maintenance of the private sidewalks shall be governed by the terms of the Access and Maintenance Declaration required in paragraph 5 of this Agreement. 23. SIGNS: Developer agrees that for each sign which requires a permit by Eden Prairie City Code, Section 11.70, Developer shall file with the City Planner and receive the City Planner's written approval of an application for a sign permit. The application shall include a complete description of the sign and a sketch showing the size, location, the manner of construction, and other such information as necessary to inform the City of the kind, size, material construction, and location of any such sign, consistent with the sign plan shown on the Plans and in accordance with the requirements of City Code, Section 11.70, Subdivision 5a. 24. SITE LIGHTING: Prior to building permit issuance, Developer shall submit to the City Planner and receive the City Planner's written approval of a plan for site lighting on the Property. All pole lighting shall consist of downcast cut-off not to exceed 25 feet in height. Developer shall complete implementation of the approved lighting plan prior to issuance of any occupancy permit for the Property. 25. SITE AMENITIES PLAN AND CONSTRUCTION DETAILS: Prior to building permit issuance for the Property, Developer shall submit to the City Planner and obtain the City Planner's written approval of a Site Amenities Plan, including construction details, for the Property consistent with the Exhibit B Plans. Future development on Outlot A and Outlot B shall comply with the approved Site Amenities Plan. The Site Amenities Plan shall include, but not be limited to the following: decorative sidewalks and plazas; pedestrian gathering areas; planter boxes in the outdoor seating areas; decorative surface materials for pedestrian connections; ivy wall; decorative lighting; bollards; benches; decorative planters; decorative trash receptacles; wrought iron aluminum fencing around outdoor dining areas as applicable; all the above in accordance with and as depicted in the Plans. No permit shall be issued for any improvement to be constructed by Developer's tenants until the City has approved in writing the plans for such improvements. The quality of all amenities to be installed and or constructed by Developer's tenants shall be equal to or greater than what is required by the Plans. If any amenity features change from the approved Site Amenities Plan, all site amenity features shall be consistently used in all project areas. 26. PRAIRIE CENTER DRIVE TURN LANE IMPROVEMENTS: Developer shall construct right turn lane improvements on Prairie Center Drive adjacent to the Property. Prior to issuance by the City of any permit for the construction of the right turn lane improvements,Developer shall obtain the City Engineer's written approval of plans for the turn lane and sidewalk improvements as depicted in the Plans. Such plans shall be of a plan view and profile on 24 x 36 plan sheets consistent with City standards. Prior to release of the final plat for the Property, Developer shall furnish to the City Engineer and receive the City Engineer's written approval of security in the form of a bond, cash escrow, or letter of credit equal to 125% of the cost of said improvements. Developer will pay to the City a permit fee equal to five percent of construction value. The design engineer shall provide daily inspection, certify completion in conformance to approved plans and specifications and provide record drawings. The Prairie Center Drive turn lane improvements must be completed prior to the issuance of any occupancy permit for the Property. 27. STRUCTURE SETBACKS FROM 100 YEAR FLOOD ELEVATION: All permanent structures which will abut existing wetlands or storm water pretreatment ponds must have a minimum setback of 30 feet from the 100-year flood elevation as shown on the Plans. 28. TRASH: Developer agrees that all trash, trash receptacles and recycling bins shall at all times be located inside of the building enclosures depicted on the Plans. 29. TREE REPLACEMENT: The Developer agrees to meet the Tree Replacement requirements through payment in lieu. The tree replacement requirement is 912 caliper inches. City Code allows for this requirement to be met through payment in lieu of$125 per caliper inch. Prior to release of the final plat, Developer shall submit to the City payment of$114,000.00 to meet this requirement. 30. WETLAND PLAN: Prior to release of the land alteration permit for any portion of the Property, Developer shall submit to the Water Resources Coordinator and receive the Water Resources Coordinator's approval of a Wetland Plan. The approved Wetland Plan shall be consistent with the materials and requirements shown on the Plans and as required by City Code. The Plan shall include the following elements. A. Wetland Delineation and Wetland Buffer Strip Evaluation: Developer shall submit to the City a Wetland Buffer Strip Evaluation Report ("Buffer Report") in accordance with the Wetland Plan and City Code requirements. If the Wetland Delineation or Buffer Reports identify any unacceptable vegetation or other conditions, the wetland and/or wetland buffer strip shall be graded, treated, reseeded and/or replanted(thereon known as "Landscaping", or"Landscaped")by the Developer within 90 days of submission of the Buffer Report or within 90 days after receipt of a wetland permit for wetland alteration. If the Wetland Plan is submitted after September 30th, the Landscaping must be completed by June 30tn of the following year. If Landscaping of the wetland and/or wetland buffer strip is required, the Developer shall submit a signed statement by a qualified wetland consultant, as determined by the City Manager, stating that the wetland and/or wetland buffer strip vegetation complies with all City requirements within 30 days of completion of the Landscaping of the wetland and/or wetland buffer strip. B. Annual Wetland and Wetland Buffer Strip Evaluation: Developer shall submit a signed contract with a qualified wetland consultant, as determined by the City Manager and/or designee, for preparation of an Annual Wetland and Wetland Buffer Strip Evaluation Report(Annual Buffer Report)that evaluates the condition of the wetland(s) and wetland buffer strip(s) and to determine if they are in compliance with all City requirements. The Annual Buffer Report shall provide both an action plan and proposed cost for correction of all problems identified within the wetland(s) and/or wetland buffer strip(s). The first Annual Buffer Report shall be submitted no later than November 1 of the calendar year in which construction of the wetland and/or wetland buffer strip is commenced. Thereafter, this report shall be submitted annually until two full growing seasons following completion of the development have passed, at which point a final Annual Report shall be submitted. The final Annual Buffer Report shall evaluate the wetland(s) and wetland buffer strip(s) to determine if the wetland(s) and/or wetland buffer strip(s) remain in compliance with all City requirements. If any unacceptable conditions or vegetation are identified within the Annual Buffer Reports or final Annual Buffer Report, the Developer shall correct the area(s) identified within 90 days of submission of the Annual Buffer Report. C. Conservation Easement: Developer shall submit a Conservation Easement attached as Exhibit E, for review and written approval by the Water Resources Coordinator, for the area(s) delineated on the Plans. The Conservation Easement shall by its terms terminate and supersede that certain Conservation Easement dated May 8, 2008 and recorded with the Hennepin County Registrar of Title's Office as Document No. 4497111. After approval by the City, Developer shall file the Conservation Easement with Hennepin County Registrar of Title's Office and the Hennepin County Recorder's Office, as appropriate, immediately after the recording of the final plat,the Access and Maintenance Declaration,and the Access Easement and prior to recording of any document affecting the Property including but not limited to any mortgage granted by the Developer or owners, their successors and/or assigns. Prior to the issuance of the first building permit for the Property, Developer shall submit to the Water Resources Coordinator proof that the amendment to the Conservation Easement has been recorded in the Hennepin County Registrar of Title's Office and the Hennepin County Recorder's Office as appropriate. D. Wetland Buffer Strip Monuments: The Wetland Plan shall include a plan to install all wetland buffer strip monuments for the property prior to release of the first building permit for any portion of the Property. The Security referred to in paragraph 30.E below shall include the cost for location, surveying, and installation of the monuments. Wetland buffer strip monument locations shall be shown on the final grading plan and final plat. The monument shall consist of a post and a wetland buffer strip sign. The post shall be a 1.12 to 2.0 pounds per foot (1.12 pounds per foot is preferred) green steel channel post or other material pre- approved in writing by the City Manager. The post shall be a minimum of 2.25 inches wide and 6 feet 6 inches long(2.25"x 6.5'). The sign shall have a minimum size of 3 inch by 8 inch (3" x 8"). The sign shall be mounted flush with the top of the post and shall include the statement "Conservation Easement: No Mowing Allowed - Wetlands and buffers filter pollutants, reduce flooding and provide habitat." The signs shall also include the City and Watershed District logos and website links. The post shall be mounted to a height of four feet above grade and set at least 2.5 feet in the ground. Removal of the wetland buffer strip monuments is prohibited. E. Wetland Performance Bond: Developer shall furnish to the Water Resources Coordinator and receive the Water Resources Coordinator's approval of a Wetland Plan performance bond,cash escrow, or letter of credit with a corporation approved by the City Manager or other guarantee acceptable to the City Manager(hereinafter referred to as the "Security") equal to 150% of the cost, as estimated by the City Manager, of completing said Wetland Plan requirements and/or Landscaping as depicted on the Plans and as required by City Code. Said Security shall cover costs associated with the Wetland Plan during development and for two full growing seasons following completion of the development. If the Developer fails to implement the Wetland Plan in accordance with its terms, the City may draw upon the Security in whole or in part to pay the cost of implementation. 31. SNOW STORAGE AND REMOVAL: Snow storage shall not occur within any parking stalls,parking islands,areas that provide for outdoor site amenities,or wetlands.Developer shall be responsible for removal of snow from the site. If the site does not provide adequate snow storage areas, snow shall be removed from the site by the Developer. 32. VACATION OF CASTLEMOOR DRIVE RIGHT-OF-WAY: Prior to issuance of a land alteration permit,building permit or release of a final plat for the Property(whichever occurs first), the following shall be required: Developer shall submit to the City Engineer (i) written evidence that it has identified all utilities located within the right-of-way of Castlemoor Drive; (ii)written evidence that all utility companies with infrastructure within the right-of-way have consented to the vacation of Castlemoor Drive right-of-way identified in the Plans, such document to be in form and content acceptable to the City, and (iii) that the Developer has a written agreement with each utility company to relocate or abandon existing utility lines if required by the utility company. Furthermore, prior to the issuance of a land alteration permit, building permit or release of a final plat for the Property (whichever occurs first), the City Council shall have adopted a resolution vacating Castlemoor Drive right-of-way as presented in the Plans. The Developer shall deliver to the City a title insurance commitment covering the Property for the vacation of Castlemoor Drive. Upon the vacation of Castlemoor Drive and until construction or development activities require its removal, modification, or temporary closure related to construction or maintenance activities, Developer shall keep vacated Castlemoor Drive open to the public and Developer consents to the use of the vacated portion of Castlemoor Drive by the public as if it were a public roadway. Developer shall employ necessary traffic control measures for safety purposes during pre-construction activities in accordance with the MnDOT Temporary Traffic Control Field Manual ("MnDOT Manual"). Developer shall submit plans for such traffic control measures to the City Engineer prior to employing such measures and shall follow such plans and the MnDOT Manual in implementing the measures. 33. CONTRACTOR PARKING: The Developer must provide contractor parking areas within the project boundaries during site development, including grading, utility installation, and project buildout. Contractor parking will not be allowed on adjacent public streets. A plan addressing contractor parking must be submitted to the Engineering Division with the Land Alteration Permit for review and approval. 34. ACCESS TO PRAIRIE CENTER DRIVE: Developer must provide at all times during the construction and development of Phase I and between all phases of the development a direct and viable connection between the existing Fountain Place retail development and Prairie Center Drive, except during the period of time necessary to install improvements at the intersection of Castlemoor Drive and the access driveway into Fountain Place. Developer must provide Fountain Place management with 30-days' notice of the installation of the improvements. Such improvements shall be constructed by the Developer in a manner utilizing reasonable construction methods designed to minimize the period of time that the connection between the Fountain Place development and Prairie Center Drive is closed for said construction. This access is currently provided by Castlemoor Drive and upon completion of Phase I of the project will be provided by the new north-south Private Street connecting Prairie Center Drive and the private street located on Outlot C. To preserve access to Prairie Center Drive during construction, Developer may not close that portion of vacated Castlemoor Drive that lies east of Outlot C until the north-south Private Street is complete. 35. FUTURE % ACCESS AT PRAIRIE CENTER DRIVE. Based on the Traffic Study prepared for the City by SRF Consulting Group, Inc. dated September 21, 2018, no intersection improvements are required or anticipated as a result of the proposed development of the Property. Developer and City agree and acknowledge, however, that the development of Lot 1 and the proposed developments on Outlot A and Outlot B may in fact result in increased traffic impacts requiring the construction of a 3/4 access at Prairie Center Drive where it intersects with the planned north-south driveway connecting Outlot C and Prairie Center Drive. At the request of the City staff, Developer has submitted proposed conceptual plans the 3/4 access, which plans are included in the Plans listed on Exhibit B to this Agreement. Developer and any future owner of Lot 1, along with any future owners of Outlot A and Outlot B (collectively, the "Owners"), shall be solely responsible for the cost of constructing the % access if and when either the City or the Owners determine that such access is necessary. If there is observed traffic exiting the development onto Prairie Center Drive that backs up into the intersection of the North/South and East/West Private Streets at multiple fifteen (15) minute increments throughout the day for more than 17 days in any 30-day period, exclusive of the five(5) days immediately preceding and immediately after the holidays of Thanksgiving Day, Christmas Day and Easter Sunday (hereinafter referred to as the "Decision Criteria"), the City will provide notice to Owners. Thereafter, the City and the Owners will work cooperatively over a thirty (30) day period to determine alternative traffic signage or intersection controls to alleviate the back-up. If the City and the Owners cannot mutually agree on an alternative traffic resolution, then the City may make a determination that construction of the % access is necessary based on the continued Decision Criteria.Upon the City making such a determination,it will provide written notice to the Owners of its intent to construct the access at least ninety (90) days prior to the commencement of construction. After construction is complete, the City shall send an invoice to the Owners for the documented cost of the project, payment of which is due within thirty (30) days of the date of the invoice. The Owners may apportion the cost amongst themselves as they deem appropriate,but all Owners shall be jointly and severally liable to the City for the full cost of the project. In lieu of invoicing the Owners, City reserves the right to specially assess the Property for the cost of constructing the 3/4 access. If the City undertakes design and construction of the 3/4 access under this paragraph, the Owners shall grant to the City,at the City's request and at no cost to the City,any temporary or permanent easements, rights of entry, or other approvals related to the Property necessary for the City to construct the 3/4 access. The parties agree to binding arbitration as the sole dispute resolution process to contest the City's decision made pursuant to this paragraph. The arbitration shall be administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules in effect on the date of this Agreement using the AAA Streamlined Three-Arbitrator Panel Option 1. A demand for arbitration shall be made in writing, delivered to the City and filed with the AAA. Such demand must be filed within twenty(20) days of the date of the City's determination. If a demand is not filed the City's determination is final and binding. The arbitrators' sole authority shall be to determine if the City's decision is reasonable based on the Decision Criteria. The arbitrators shall have no authority to award damages to either party provided, however, the arbitrators may award reasonable attorney fees to the prevailing party. The decision rendered by the arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. The foregoing agreement to arbitrate applies only to this paragraph shall be specifically enforceable under Minnesota law in any court having jurisdiction thereof. No joinder of other persons or entities may be made without the consent in writing of the City and the Owners. In the event the City in the future considers approval of one or more applications for development(s) in the area surrounding the Property that may also impact the need for the 3/4 access,the City Engineer will propose an equitable allocation of the cost of the%access between the Owners and the applicant(s) based on the number of approved parking stalls on the Property and the new property that is the subject of the application(s) at the time of the allocation. The agreement of the parties to the allocation shall be in a writing executed by the City and the Owners and recorded against the Property and the new property. If the Owners determine that the 3/4 access is necessary, they shall submit to the City a petition signed by 100% of the owners of the Property in accordance with Minn. Stat. § 429.031, subd. 3, requesting that the City construct the necessary improvements. Upon approval by the City Council,the City shall construct the%access and specially assess the entire cost of the improvements against the Property. The Owners shall provide to the City a waiver of appeal, notice and hearing to the special assessment. In the alternative, the Owners may determine to undertake construction of the % access themselves, in which case all plans and specifications shall be submitted to the City for approval prior to commencement of construction. The Owners shall construct the % access in accordance with the approved plans and specifications. The terms of this paragraph 35 shall be incorporated into any future development agreement applicable to Outlot A or Outlot B. 36. PRIOR DEVELOPMENT AGREEMENTS. This Agreement supersedes in its entirety the 2008 Development Agreement as it applies to Lot 1. The 2008 Development Agreement shall remain in full force and effect as applied to the remainder of the Property covered by the 2008 Development Agreement, including Outlot A and Outlot B,until new development agreements are executed by the City and property owners in connection with such remainder of the Property. Where this Agreement contains different terms than the 2008 Development Agreement as applicable to Outlot A and Outlot B, the terms of this Agreement shall govern. Furthermore, the covenants and restrictions set forth in the 2008 Indemnity Agreement, and the 2004 Special Assessment Agreement are of no further force or effect and said documents may be disregarded in the real property records. The 2008 Special Assessment Agreement is of no further force or effect as to Lot 1. 37. MORTGAGEE CONSENTS. For any mortgage liens recorded against the Property prior to the recording of the final plat and this Agreement, Developer will deliver to City consents in the form attached hereto as Exhibit F. 38. NAMING OF PRIVATE STREETS. Prior to the issuance of an occupancy permit for the Property, Developer shall provide to the City Engineer, and obtain the City Engineer's approval, of proposed names for the Private Streets. IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. CITY OF EDEN PRAIRIE By Ronald A. Case Its Mayor By Rick Getschow Its City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2019,by Ronald A. Case and Rick Getschow,respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. Notary Public PRESBYTERIAN HOMES HOUSING AND ASSISTED LIVING, INC., a Minnesota non-profit corporation By Its STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2019, by , the , of PRESBYTERIAN HOMES HOUSING AND ASSISTED LIVING, INC., a Minnesota non-profit corporation, on behalf of the company. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 EXHIBIT A DEVELOPMENT AGREEMENT—CASTLE RIDGE REDEVELOPMENT LEGAL DESCRIPTION Real property in the City of Eden Prairie, County of Hennepin, State of Minnesota, described as follows: TRACT A: Parcel 1A: Lot 2, Block 1, Fountain Place, according to the recorded plat thereof, Hennepin County, Minnesota. Abstract and Registered Property Certificate of Title No. 1382455 Parcel 2A: Outlot A, Castle Ridge 2nd Addition, according to the recorded plat thereof, Hennepin County, Minnesota. Registered Property Certificate of Title No. 1382455 Parcel 3A: Non-exclusive easement for access purposes for the benefit of Outlot A, Castle Ridge 2nd Addition as defined in the Declaration of Access Easements dated May 6, 2008, recorded May 16, 2008 as Document No. 4497122 in the office of the Registrar of Titles. TRACT B: Parcel 1B: Lot 1, Block 2, Castle Ridge, according to the recorded plat thereof on file and of record in the Office of the County Recorder, Hennepin County, Minnesota. Abstract Property Parcel 2B: Non-exclusive easements and rights contained in the Declaration of Easements dated July 9, 1981, recorded July 28, 1981, as Document No. 4659643. TRACT C: Parcel 1C (Castle Ridge Apartments, LLC) Lot 2, Block 2, CASTLE RIDGE, according to the recorded plat thereof on file and of record in the Office of the County Recorder, Hennepin County, Minnesota. Units in A Wing: Unit Nos. 100, 101, 102, 103, 104, 105, 106, 107, 108, 200, 201, 202, 203, 204, 205, 206, 207, 208, 301, 302, 303, 304, 305, 306, 307, 308, 400, 401, 402, 403, 404, 405, 406, 407 and 408. Units in B Wing: Unit Nos. 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 221, 223, 224, 225, 226, 227, 228, 229, 230, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 421, 422, 424, 425, 426, 427, 428, 429 and 430. Units in C Wing: Unit Nos. 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 309, 310, 311, 313, 314, 315, 316, 317, 318, 319, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418 and 419. Units in D Wing: Unit Nos. 150, 151, 152, 153, 154, 155, 156, 157, 158, 250, 251, 252, 253, 254, 255, 256, 257, 258, 350, 351, 352, 353, 354, 355, 356, 357, 358, 450, 451, 452, 453, 454, 455, 456, 457 and 458. Units in E Wing: Unit Nos. 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 359, 360, 361, 362, 363, 364, 365, 366, 367, 368, 369, 459, 460, 461, 462, 463, 464, 465, 466, 467, 468 and 469. Units in F Wing: Unit Nos. 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 471, 472, 473, 474, 475, 476, 477, 478, 479 and 480. Garage Unit Nos. 1, 2, 3, 4, 5, 6, 7, 9, 10, 11, 12, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27 and 28. All in Condominium No. 274, Castle Ridge Retirement Community, a condominium, Hennepin County, Minnesota. Parcel 2C (Trustees of the Judith W. Marr Trust u/a/d July 26, 2005) Unit No. 312 (C Wing) and Garage Unit 13, Condominium No. 274, Castle Ridge Retirement Community, a condominium, Hennepin County, Minnesota. Parcel 3C: (Bruce D. Parkin) Unit No. 300, Condominium No. 274, Castle Ridge Retirement Community, a condominium, Hennepin County, Minnesota. Parcel 4C: (Cheryl L. Stinski) Unit No. 222 and Garage Unit No. 8, Condominium No. 274, Castle Ridge Retirement Community, a condominium, Hennepin County, Minnesota. Parcel 5C: (Margery A. Fehling and Cheryl Stinski) Unit No. 423, Condominium No. 274, Castle Ridge Retirement Community, a condominium, Hennepin County, Minnesota. Parcel 6C: (K.S.C.S Properties, Inc., a Minnesota corporation) Unit No. 500, Condominium No. 274, Castle Ridge Retirement Community, a condominium, Hennepin County, Minnesota. Parcel 7C: Non-exclusive easements as contained in Declaration(of Easements) dated July 9, 1981, recorded july 28, 1981 as Document No. 4659643. Abstract Property TOGETHER WITH: That part of the Castlemoor Drive as dedicated on CASTLE RIDGE, according to the recorded plat thereof, Hennepin County, Minnesota lying easterly of a line drawn perpendicular from a point on the north line of said Castlemoor Drive, distant 62.48 feet easterly of the southwest corner of Lot 1, Block 2, said CASTLE RIDGE, as measured along the south line of said Lot 1. (road to be vacated) Property to be removed from C-Corn and rezoned to RM-2.5: That part of Lot 2, Block 2, CASTLE RIDGE and Outlot A, CASTLE RIDGE 2ND ADDITION, according to the recorded plats thereof, all in Hennepin County, Minnesota, described as follows; Beginning at a the most northerly corner of said Lot 2; thence South 65 degrees 25 minutes 29 seconds West assume bearing along the northerly line of said Lot 2, a distance of 13.22 feet to the most easterly corner of said Outlot A; thence North 16 degrees 32 minutes 23 seconds West along the northeasterly line of said Outlot A, a distance of 51.42 feet; thence South 76 degrees 05 minutes 43 seconds West continuing along said northeasterly line, a distance of 160.11 feet; thence South 47 degrees 32 minutes 37 seconds West continuing along said northeasterly line, a distance of 70.52 feet; thence South 45 degrees 32 minutes 26 seconds East, a distance of 2.34 feet; thence Southeasterly, along a tangential curve, concave to the Northeast, having a central angle of 21 degrees 30 minutes 27 seconds, a radius of 158.33 feet for an arc distance of 59.43 feet; thence South 67 degrees 02 minutes 53 seconds East tangent to said curve, a distance of 91.65 feet; thence Southeasterly, along a non-tangential curve, concave to the Southwest, having a central angle of 39 degrees 09 minutes 31 seconds, a radius of 153.81 feet for an arc distance of 105.12 feet; the chord of said curve bears South 46 degrees 21 minutes 18 seconds East; thence Southeasterly along a non-tangential curve, concave to the Northeast, having a central angle of 10 degrees 33 minutes 34 seconds, a radius of 458.33 feet for an arc distance of 84.47 feet; the chord of said curve bears South 36 degrees 51 minutes 42 seconds East; thence Southerly along a non-tangential curve, concave to the East, having a central angle of 49 degrees 57 minutes 23 seconds, a radius of 323.12 feet for an arc distance of 281.73 feet; the chord of said curve bears South 19 degrees 29 minutes 12 seconds West; thence North 85 degrees 04 minutes 41 seconds East not tangent to said curve, a distance of 40.86 feet; thence Northerly along a non-tangential curve, concave to the East, having a central angle of 03 degrees 41 minutes 41 seconds, a radius of 375.00 feet for an arc distance of 24.18 feet; the chord of said curve bears North 02 degrees 47 minutes 06 seconds West to a point of compound curve; thence Northeasterly having a central angle of 48 degrees 24 minutes 10 seconds and a radius of 280.00 feet for an arc distance of 236.54 feet; thence North 47 degrees 27 minutes 54 seconds East tangent to said curve, a distance of 90.30 feet to the northeasterly line of said Lot 2; thence Northwesterly along said northeasterly line on a non-tangential curve, concave to the Northeast, having a central angle of 12 degrees 52 minutes 18 seconds, a radius of 1,101.71 feet for an arc distance of 247.50 feet to the point of beginning, the chord of said curve bears North 32 degrees 18 minutes 41 seconds West. EXHIBIT B DEVELOPMENT AGREEMENT—CASTLE RIDGE REDEVELOPMENT SENIOR HOUSING Land Use Application Narrative dated March 22, 2019 by Senior Housing Partners Planning Commission Comments dated April 29, 2019 by Senior Housing Partners Cover Page dated 6/4/49 by Westwood Existing Conditions dated 6/4/19 by Westwood Aerial Overlay Plan dated 6/4/19 by Westwood Preliminary Plat dated 6/4/19 by Westwood Significant Tree Inventory dated 6/4/19 by Westwood PUD Site Plan dated 6/4/19 by Westwood Phase I- Senior Housing Site Plan dated 6/4/19 by Westwood Phase I— Senior Housing Grading Plan dated 6/4/19 by Westwood Phase I— Senior Housing Sanitary and Water Plan dated 6/4/19 by Westwood Phase I— Senior Housing Storm Sewer Plan dated 6/4/19 by Westwood PUD Landscape Plan dated 6/4/19 by Westwood Phase I— Senior Housing Landscape Plan dated 6/4/19 by Westwood Landscape Details dated 6/4/19 by Westwood Site Amenities Plan dated 6/4/19 by Westwood Wetland Buffer Plan dated 6/4/19 by Westwood Lighting Plan dated 6/4/19 by Westwood Zoning Exhibit dated dated 6/4/19 by Westwood Comparison Site Plan dated 6/4/19 by Westwood Earthwork Exhibit dated 6/4/19 by Westwood Garage Floor Plan A1.00 dated 3/14/19 by in site architects First Floor Plan A1.01 dated 3/14/19 by in site architects Second Floor Plan A1.02 dated 3/14/19 by in site architects Third Floor Plan A1.03 dated 3/14/19 by in site architects Fourth Floor Plan A1.04 dated 3/14/19 by in site architects Fifth Floor Plan A1.05 dated 3/14/19 by in site architects Building Elevations A1.7 dated 9/28/19 by in site architects Building Elevations A1.8 dated 9/13/19 by in site architects Building Elevations—Care Center A1.9 dated 1/8/19 by in site architects Terrace Images by in site architects Senior Housing Building PUD Supplementary Information dated 1/16/19 by in site architects 3/4 Access Removals dated 6/6/19 by Westwood 3/4 Access Improvements dated 6/6/19 by Westwood Castle Ridge Redevelopment Site Logistics dated 1/18/19 by Westwood MULTI-FAMILY RESIDENTIALCONCEPT PLAN Contextual Aerial dated 4/17/19 by Tushie Montgomery Architects Site Plan dated 4/17/19 by Tushie Montgomery Architects Street Elevations and Section dated 4/17/19 by Tushie Montgomery Architects Perspectives 4.0 dated 4/17/19 by Tushie Montgomery Architects Perspectives 4.1 dated 4/17/19 by Tushie Montgomery Architects Perspectives 4.2 dated 4/17/19 by Tushie Montgomery Architects COMMERCIAL CONCEPT PLAN Concept Submittal—Commercial Site Castle Ridge Redevelopment(Pages 1 — 15) dated January 2019 by Oppidan Mood Board by Senior Housing Partners, Tushie Montgomery Architects and Oppidan EXHIBIT C DEVELOPMENT AGREEMENT—CASTLE RIDGE REDEVELOPMENT I. Prior to release of any building permit, Developer shall submit to the City Engineer for approval two copies of a development plan(1"=100' scale) showing existing and proposed contours, proposed streets, and lot arrangements and size, minimum floor elevations on each lot,preliminary alignment and grades for sanitary sewer,water main,and storm sewer, 100-year flood plain contours, ponding areas, tributary areas to catch basins, arrows showing direction of storm water flow on all lots,location of walks,trails,and any property deeded to the City. II. Developer shall submit detailed construction and storm sewer plans to the Watershed District for review and approval. Developer shall follow all rules and recommendations of said Watershed District. III. Developer shall pay cash park fees as to all of the Property, with the exception of the 14 affordable units as described in Paragraph 3 of this Agreement, required by City Code in effect as of the date of the issuance of each building permit for construction on the Property. IV. If Developer fails to proceed in accordance with this Agreement within twenty-four (24) months of the date hereof,Developer,for itself,its successors,and assigns,shall not oppose the City's reconsideration and rescission of any Rezoning, Site Plan review and/or Guide Plan review approved in connection with this Agreement, thus restoring the status of the Property before the Development Agreement and all approvals listed above were approved. V. Provisions of this Agreement shall be binding upon and enforceable against the Property and the Owners, their successors and assigns of the Property. VI. The Developer hereby irrevocably nominates, constitutes, and appoints and designates the City as its attorney-in-fact for the sole purpose and right to amend Exhibit A hereto to identify the legal description of the Property after platting thereof. VII. Developer represents that it has marketable fee title to the Property, except: A. Castle Ridge Apartments LLC, and B. Castle Ridge Care Center, Inc. With respect to any interest in all portions of the Property which Developer is required, pursuant to this Agreement, to dedicate or convey to the City (the "Dedicated Property"), Developer represents and warrants as follows now and at the time of dedication or conveyance: A. That Developer has marketable fee title free and clear of all mortgages, liens, and other encumbrances. Prior to final plat approval, Developer shall provide to the City a current title insurance policy insuring such a condition of title. B. That Developer has not used, employed, deposited, stored, disposed of, placed or otherwise allowed to come in or on the Dedicated Property, any hazardous substance, hazardous waste, pollutant, or contaminant, including, but not limited to, those defined in or pursuant to 42 U.S.C. § 9601, et. seq., or Minn. Stat., Sec. 115B.01, et. seq. (such substances, wastes, pollutants, and contaminants hereafter referred to as "Hazardous Substances"); C. That Developer has not allowed any other person to use, employ, deposit, store, dispose of, place or otherwise have, in or on the Property, any Hazardous Substances. D. That no previous owner, operator or possessor of the Property deposited, stored, disposed of, placed or otherwise allowed in or on the Property any hazardous substances. Developer agrees to indemnify, defend and hold harmless City, its successors and assigns, against any and all loss, costs, damage and expense, including reasonable attorney's fees and costs that the City incurs because of the breach of any of the above representations or warranties and/or resulting from or due to the release or threatened release of Hazardous Substances which were, or are claimed or alleged to have been,used, employed,deposited, stored, disposed of, placed, or otherwise located or allowed to be located, in or on the Dedicated Property by Developer, its employees, agents, contractors or representatives. VIII. Developer acknowledges that Developer is familiar with the requirements of Chapter 11, Zoning, and Chapter 12, Subdivision Regulations, of the City Code and other applicable City ordinances affecting the development of the Property. Developer agrees to develop the Property in accordance with the requirements of all applicable City Code requirements and City Ordinances. IX. Prior to release of the final plat, Developer shall pay to the City fees for the first three (3) years' street lighting on the public streets adjacent to the Property (including installation costs,if any,as determined by the electrical power provider),engineering review,and street signs. X. Developer shall submit detailed water main, fire protection, and emergency vehicle access plans to the Fire Marshal for review and approval. Developer shall follow all the recommendations of the Fire Marshal. XI. Developer acknowledges that the rights of City performance of obligations of Developer contemplated in this agreement are special, unique, and of an extraordinary character, and that, in the event that Developer violates, or fails, or refuses to perform any covenant, condition, or provision made herein, City may be without an adequate remedy at law. Developer agrees, therefore, that in the event Developer violates, fails, or refuses to perform any covenant,condition,or provision made herein,City may,at its option,institute and prosecute an action to specifically enforce such covenant, withhold building permits, or rescind or revoke any approvals granted by the City. No remedy conferred in this agreement is intended to be exclusive and each shall be cumulative and shall be in addition to every other remedy. The election of anyone or more remedies shall not constitute a waiver of any other remedy. XII. Developer shall, prior to the commencement of any improvements, provide written notice to Comcast of the development contemplated by this Development Agreement. Notice shall be sent to Comcast Cable, 14404 Excelsior Blvd., Minnetonka, Minnesota 55305 or CenturyLink, 14200 Wayzata Blvd. Ste F., Minnetonka, MN 55305. XIII. Prior to building permit issuance, all fees associated with the building permit shall be paid to the Inspections Department, including; Building permit fee, plan check fee, State surcharge, metro system access charge (SAC), City SAC and City water access charge (WAC), and park dedication. Contact Metropolitan Waste Control to determine the number of SAC units. XIV. Prior to building permit issuance, except as otherwise authorized in the approved Plans, existing structures, wells and septic systems (if present) shall be properly abandoned or removed as required by City ordinance and all permits obtained through the Inspections Department. XV. Prior to building permit issuance, provide two copies of an approved survey or site plan (1" = 200 scale) showing proposed building location and all proposed streets, with approved street names, lot arrangements and property lines. XVI. The City shall not issue any building permit for the construction of any building, structure, or improvement on the Property until all requirements listed in this Exhibit C have been satisfactorily addressed by Developer. XVII. No failure of the City to comply with any term, condition, covenant or agreement herein shall subject the City to liability for any claim for damages, costs or other financial or pecuniary charges. No execution on any claim, demand, cause of action or judgment shall be levied upon or collected from the general credit, general fund or taxing powers of the City. XVIII. Prior to issuance of the first building permit for the Property, Developer shall permanently demarcate the location of the boundary of the conservation easement on each lot property line or corner with permanent four-foot tall posts. A 2 1/2 by 6-inch sign or decal reading "Scenic/Conservation Easement Boundary, City of Eden Prairie",will be affixed to the top of the post. XIX. Within 10 days of the approval of the Development Agreement,the Developer shall record the Development Agreement at the County Recorder and/or Registrar of Titles. The final plat shall not be released until proof of filing of the Development Agreement is submitted to the City. XX. The City is hereby granted the option, but not the obligation, to complete or cause completion in whole or part of all of the Developer's obligations under this Agreement for which a bond, letter of credit, cash deposit or other security (hereinafter referred to as the "Security") is required if the Developer defaults with respect to any term or condition in this Agreement for which Security is required and fails to cure such default(s) within ten (10) days after receipt of written notice thereof from the City; provided however if the nature of the cure is such that it is not possible to complete the cure within ten(10) days, it shall be sufficient if the Developer has initiated and is diligently pursuing such cure. The Developer acknowledges that the City does not assume any obligations or duties of the Developer with respect to any such contract agreements unless the City shall agree in writing to do so. The City may draw down on or make a claim against the Security, as appropriate, upon five (5) business days' notice to the Developer for any violation of the terms of this Agreement or if the Security is allowed to lapse prior to the end of the required term. If the obligations for which Security is required are not completed at least thirty (30) days prior to the expiration of the Security and if the Security has not then been renewed, replaced or otherwise extended beyond the expiration date, the City may also draw down or make a claim against the Security as appropriate. If the Security is drawn down on or a claim is made against the Security, the proceeds shall be used to cure the default(s) and to reimburse the City for all costs and expenses, including attorneys' fee, incurred by the City in enforcing this Agreement. XXI. The Developer hereby grants the City, it's agents, employees, officers and contractors a license to enter the Property to perform all work and inspections deemed appropriate by the City in conjunction with this Agreement. XXII. This Agreement is a contract agreement between the City and the Developer. No provision of this Agreement inures to the benefit of any third person, including the public at large, so as to constitute any such person as a third-party beneficiary of the Agreement or of any one or more of the terms hereof, or otherwise give rise to any cause of action for any person not a party hereto. XXIII. Except as specifically authorized by the Director of Public Works,no permit shall be issued for the Property until the Developer has recorded the final plat with Hennepin County Recorder's Office/Registrar of Titles' Office. XVII. Developer shall pay upon demand to the City all costs incurred by the City in conjunction with the Applications. These costs include internal City administrative, planning and, engineering costs and consulting costs, including but not limited to legal, engineering, planning and financial, in review, investigation, administering and processing the Applications and implementation of the approvals granted by the City. EXHIBIT D - RENT ROLL DEVELOPMENT AGREEMENT-CASTLE RIDGE REDEVELOPMENT Apartment Complex Name Address Rent Limits mm/dd/yyyyto mm/dd/yyyy Rent Limns; Units 1 Bedroom 2 Bedroom 2 Bedroom/Den 3 Bedroom Affordable @ 50%of Median $ - $ - $ - $ - Apartment Number Household Market Max Rent Application %MY Initial Gross YYYY Initial Income Number of Bedrooms Style Size Rent 50%of Median Date Annual Income limit EXHIBIT E - CONSERVATION EASEMENT DEVELOPMENT AGREEMENT—CASTLE RIDGE REDEVELOPMENT CONSERVATION/SCENIC EASEMENT CASTLE RIDGE REDEVELOPMENT THIS EASEMENT AGREEMENT is made this day of , 2019, by and between ,a ,hereinafter referred to as "Grantor," and the CITY OF EDEN PRAIRIE, a Minnesota municipal corporation, hereinafter referred to as "City"; WHEREAS, Grantor is the fee owner of land located in Hennepin County, Minnesota, more fully described in Exhibit A, attached hereto and made a part hereof, and said land hereinafter referred to as "the Property"; and, WHEREAS, Grantor has marketable title to the Property, free and clear of all liens, mortgage, and encumbrances, except: WHEREAS, Grantor and City wish to enter into an agreement which will grant to City a conservancy/scenic easement for conservation and preservation of the terrain and vegetation, and to prohibit certain destructive acts thereon, over that portion of the Property as described in Exhibit B, hereinafter referred to as the "Easement Area, attached hereto; NOW, THEREFORE, in consideration of the premises contained herein, it is agreed by the parties as follows: 1. Grantor hereby conveys to City and its successors and assigns a conservation and scenic easement in, under, on, and over the Easement Area and City hereby accepts such conveyance. 2. The following terms and conditions shall apply to the Easement Area: A. The Easement Area shall be preserved predominantly in its natural condition. No trees,shrubs,or other vegetation shall be planted or removed from the Easement Area without the prior written consent of the City. The City will consider removal of noxious weeds, as defined by Minnesota Statutes Sections 18.76-18.88, upon submission and approval of a Vegetation Management Plan. No vegetation cutting, fertilizer application or placement of turfgrass, such as Kentucky bluegrass, shall occur within the Easement Area. B. No building, road, sign, billboard, utility, or other structure shall be placed in the Easement Area without the prior written consent of City. C. No trash, waste, or other offensive material, soil, or landfill shall be placed upon or within the Easement Area without the prior written consent of the City. D. No change in the general topography of the Easement Area landscape,including,but not limited, to excavation, dredging, movement, and removal or placement of soil, shall be allowed within the Easement Area without the prior written consent of the City. E. Grantor may, no more than once per calendar year, remove sediment caused by stormwater drainage into a stormwater ponding area. Any removal of sediment must be pre-approved in writing by the City and be in accordance with City and Wetland Conservation Act guidelines. Landscaping must be replaced in accordance with the requirements outlined in this Conservation Easement. 3. With respect to the Easement Area, Grantor represents and warrants as follows: A. That Grantor has marketable title free and clear of all liens, encumbrances and mortgages. B. That Grantor has not used, employed, deposited, stored, disposed of, placed or otherwise allowed to come in or on the Easement Area, any hazardous substance, hazardous waste, pollutant, or contaminant, including, but not limited to, those defined in or pursuant to 42 U.S.C. § 9601, et. seq., or Minn. Stat., Sec. 115B.01, et. seq. (such substances, wastes, pollutants, and contaminants hereafter referred to as "Hazardous Substances"); C. That Grantor has not allowed any other person to use,employ,deposit, store,dispose of,place or otherwise have, in or on the Easement Area, any Hazardous Substances; D. That no previous owner, operator or possessor of the easement area, deposited, stored, disposed of, placed, or otherwise allowed in or on the Easement Area any Hazardous Substances; Grantor agrees to indemnify,defend and hold harmless City,against any and all loss,costs, damage and expense, including reasonable attorney's fees and costs that City incurs because of the breach of any of the above representations or warranties and/or resulting from or due to the inaccuracy or falsity of any representation or warranty herein. 4. Grantor agrees to permanently demarcate the location of the boundary of the conservation easement on each lot property line or corner, as shown on Exhibit C. The monuments shall be permanent steel channel posts that are a minimum of 2.25 inches wide and 6 feet 6 inches long (2.25" x 6.5'). The sign shall be a minimum of 2 Y2 by 6 inches (2.5" x 6") that shall be mounted flush with the top of the post and shall include the statement "Scenic/Conservation Easement Boundary, City of Eden Prairie". The post shall be mounted to a height of four feet above grade and at least 2.5 feet in the ground. Removal of the monuments is not allowed 5. Grantor agrees to maintain the Easement Area subject to the provisions stated herein. 6. The duration of this easement is perpetual and shall bind and inure to the benefit of the parties,their successors, and assigns. 7. Nothing contained herein shall impair any right of City now held or hereafter acquired to construct or maintain public utilities in or on the Easement Area. 8. Provisions of this Easement shall be binding upon and enforceable against the Property and the Grantor, their successors and assigns of the Property. IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. GRANTOR CITY OF EDEN PRAIRIE By: Ron Case, Mayor By: Rick Getschow, City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , , by Ron Case and Rick Getschow respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , , by , the of , a company, on behalf of the company. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 EXHIBIT A "THE PROPERTY" Legal Description Before Final Plat Legal Description After Final Plat EXHIBIT B "EASEMENT AREA" Legal Description Before Final Plat Legal Description After Final Plat EXHIBIT C "EASEMENT AREA" DIAGRAM CONSENT AND RELEASE [To be used if a mortgage is present on the title] The undersigned, owner of the mortgage hereinafter described, for a valuable consideration, do hereby consent to the terms and provisions of this Development Agreement and does subordinate that certain mortgage dated , filed in the office of the County Record/ Registrar of Titles in and for the County of Hennepin, State of Minnesota,on the day of , and recorded as Document No. covering the above and other land. IN TESTIMONY WHEREOF, the said corporation has caused these presents to be executed in its corporate name by its and its and its corporate seal to be hereunto affixed this day of , 20 INSERT NAME OF MORTAGEE By Its By Its STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 20 , by and the and respectively, on behalf of the corporation. Notary Public rfr\cons&re2 EXHIBIT F - MORTGAGEE CONSENT AND SUBORDINATION DEVELOPMENT AGREEMENT-CASTLE RIDGE REDEVELOPMENT MORTGAGEE CONSENT AND SUBORDINATION TO DEVELOPMENT AGREEMENT The undersigned, owner of that certain Mortgage dated the day of , recorded in the office of the County Recorder or Registrar of Titles (as applicable) in and for the County of Hennepin, State of Minnesota, on the day of , as Document No. covering the Property described on Exhibit A hereto, for valuable consideration, does hereby consent to the and subordinates it interest in the Property to that certain Development Agreement, to which this Consent and Subordination is attached, dated _, 2019 by Presbyterian Homes Housing and Assisted Living, Inc. to the City of Eden Prairie. By: Its: STATE OF MINNESOTA ) ( ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2019,by . Notary Public EXHIBIT A to Mortgagee Consent and Subordination OWNERS' SUPPLEMENT TO DEVELOPMENT AGREEMENT BETWEEN CASTLE RIDGE APARTMENTS, LLC AND THE CITY OF EDEN PRAIRIE THIS AGREEMENT, made and entered into as of , 2019, by and between Castle Ridge Apartments LLC, a Minnesota Limited Liability Company, ("Owner"), and the CITY OF EDEN PRAIRIE ("City"): For, and in consideration of, and to induce City to adopt Resolution No. for Planned Unit Development Concept Review, Ordinance No. for Planned Unit Development District Review and Zoning District Amendment within the Commercial Regional Service Zoning District, Resolution No. for Site Plan Review, as more fully described in that certain Development Agreement entered into as of , 2019, by and between , a Minnesota , and City ("Development Agreement")pertaining to that certain Property described on Exhibit A hereto, Owner agrees with City as follows: 1. If PRESBYTERIAN HOMES HOUSING AND ASSISTED LIVING, INC., fails to commence development in accordance with the Development Agreement and fails to obtain an occupancy permit for all of the improvements referred to in the Development Agreement within 24 months of the date of this Owners' Supplement, Owner shall not oppose the City's reconsideration and rescission of Resolution No. for Planned Unit Development Concept Review, Ordinance No. for Planned Unit Development District Review and Zoning District Amendment within the Commercial Regional Service Zoning District, Resolution No. for Site Plan Review, identified above, thus restoring the status of the Property before the Development Agreement and all approvals listed above were approved. 2. This Agreement and the Development Agreement shall be binding upon and enforceable against the Property and the Owner, their successors and assigns of the Property. 3. If Owner transfers this Property, Owner shall obtain an agreement from the transferee requiring that such transferee agree to all of the terms, conditions and obligations of"Developer" in the Development Agreement. Neither the Owner or transferee are required to develop the property in accordance with this Agreement, so long as Owner or transferee obtain such approvals as are required by City Code to develop the Property in a manner other than as set forth in this Agreement. IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. Castle Ridge Apartments LLC CITY OF EDEN PRAIRIE By By Its Ronald A. Case Its Mayor By By Its Rick Getschow Its City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2019, by Ronald A. Case and Rick Getschow, respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2019, by , the of Castle Ridge Apartments LLC, a Minnesota limited liability company, on behalf of the company. Notary Public EXHIBIT A OWNERS SUPPLEMENT LEGAL DESCRIPTION Real property in the City of Eden Prairie, County of Hennepin, State of Minnesota, described as follows: TRACT A: Parcel 1A: Lot 2, Block 1, Fountain Place, according to the recorded plat thereof, Hennepin County, Minnesota. Abstract and Registered Property Certificate of Title No. 1382455 Parcel 2A: Outlot A, Castle Ridge 2nd Addition, according to the recorded plat thereof, Hennepin County, Minnesota. Registered Property Certificate of Title No. 1382455 Parcel 3A: Non-exclusive easement for access purposes for the benefit of Outlot A, Castle Ridge 2nd Addition as defined in the Declaration of Access Easements dated May 6, 2008, recorded May 16, 2008 as Document No. 4497122 in the office of the Registrar of Titles. TRACT B: Parcel 1B: Lot 1, Block 2, Castle Ridge, according to the recorded plat thereof on file and of record in the Office of the County Recorder, Hennepin County, Minnesota. Abstract Property Parcel 2B: Non-exclusive easements and rights contained in the Declaration of Easements dated July 9, 1981, recorded July 28, 1981, as Document No. 4659643. TRACT C: Parcel 1C (Castle Ridge Apartments, LLC) Lot 2, Block 2, CASTLE RIDGE, according to the recorded plat thereof on file and of record in the Office of the County Recorder, Hennepin County, Minnesota. Units in A Wing: Unit Nos. 100, 101, 102, 103, 104, 105, 106, 107, 108, 200, 201, 202, 203, 204, 205, 206, 207, 208, 301, 302, 303, 304, 305, 306, 307, 308, 400, 401, 402, 403, 404, 405, 406, 407 and 408. Units in B Wing: Unit Nos. 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 221, 223, 224, 225, 226, 227, 228, 229, 230, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 421, 422, 424, 425, 426, 427, 428, 429 and 430. Units in C Wing: Unit Nos. 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 309, 310, 311, 313, 314, 315, 316, 317, 318, 319, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418 and 419. Units in D Wing: Unit Nos. 150, 151, 152, 153, 154, 155, 156, 157, 158, 250, 251, 252, 253, 254, 255, 256, 257, 258, 350, 351, 352, 353, 354, 355, 356, 357, 358, 450, 451, 452, 453, 454, 455, 456, 457 and 458. Units in E Wing: Unit Nos. 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 359, 360, 361, 362, 363, 364, 365, 366, 367, 368, 369, 459, 460, 461, 462, 463, 464, 465, 466, 467, 468 and 469. Units in F Wing: Unit Nos. 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 471, 472, 473, 474, 475, 476, 477, 478, 479 and 480. Garage Unit Nos. 1, 2, 3, 4, 5, 6, 7, 9, 10, 11, 12, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27 and 28. All in Condominium No. 274, Castle Ridge Retirement Community, a condominium, Hennepin County, Minnesota. Parcel 2C (Trustees of the Judith W. Marr Trust u/a/d July 26, 2005) Unit No. 312 (C Wing) and Garage Unit 13, Condominium No. 274, Castle Ridge Retirement Community, a condominium, Hennepin County, Minnesota. Parcel 3C: (Bruce D. Parkin) Unit No. 300, Condominium No. 274, Castle Ridge Retirement Community, a condominium, Hennepin County, Minnesota. Parcel 4C: (Cheryl L. Stinski) Unit No. 222 and Garage Unit No. 8, Condominium No. 274, Castle Ridge Retirement Community, a condominium, Hennepin County, Minnesota. Parcel 5C: (Margery A. Fehling and Cheryl Stinski) Unit No. 423, Condominium No. 274, Castle Ridge Retirement Community, a condominium, Hennepin County, Minnesota. Parcel 6C: (K.S.C.S Properties, Inc., a Minnesota corporation) Unit No. 500, Condominium No. 274, Castle Ridge Retirement Community, a condominium, Hennepin County, Minnesota. Parcel 7C: Non-exclusive easements as contained in Declaration(of Easements) dated July 9, 1981, recorded july 28, 1981 as Document No. 4659643. Abstract Property TOGETHER WITH: That part of the Castlemoor Drive as dedicated on CASTLE RIDGE, according to the recorded plat thereof, Hennepin County, Minnesota lying easterly of a line drawn perpendicular from a point on the north line of said Castlemoor Drive, distant 62.48 feet easterly of the southwest corner of Lot 1, Block 2, said CASTLE RIDGE, as measured along the south line of said Lot 1. (road to be vacated) Property to be removed from C-Corn and rezoned to RM-2.5: That part of Lot 2, Block 2, CASTLE RIDGE and Outlot A, CASTLE RIDGE 2ND ADDITION, according to the recorded plats thereof, all in Hennepin County, Minnesota, described as follows; Beginning at a the most northerly corner of said Lot 2; thence South 65 degrees 25 minutes 29 seconds West assume bearing along the northerly line of said Lot 2, a distance of 13.22 feet to the most easterly corner of said Outlot A; thence North 16 degrees 32 minutes 23 seconds West along the northeasterly line of said Outlot A, a distance of 51.42 feet; thence South 76 degrees 05 minutes 43 seconds West continuing along said northeasterly line, a distance of 160.11 feet; thence South 47 degrees 32 minutes 37 seconds West continuing along said northeasterly line, a distance of 70.52 feet; thence South 45 degrees 32 minutes 26 seconds East, a distance of 2.34 feet; thence Southeasterly, along a tangential curve, concave to the Northeast, having a central angle of 21 degrees 30 minutes 27 seconds, a radius of 158.33 feet for an arc distance of 59.43 feet; thence South 67 degrees 02 minutes 53 seconds East tangent to said curve, a distance of 91.65 feet; thence Southeasterly, along a non-tangential curve, concave to the Southwest, having a central angle of 39 degrees 09 minutes 31 seconds, a radius of 153.81 feet for an arc distance of 105.12 feet; the chord of said curve bears South 46 degrees 21 minutes 18 seconds East; thence Southeasterly along a non-tangential curve, concave to the Northeast, having a central angle of 10 degrees 33 minutes 34 seconds, a radius of 458.33 feet for an arc distance of 84.47 feet; the chord of said curve bears South 36 degrees 51 minutes 42 seconds East; thence Southerly along a non-tangential curve, concave to the East, having a central angle of 49 degrees 57 minutes 23 seconds, a radius of 323.12 feet for an arc distance of 281.73 feet; the chord of said curve bears South 19 degrees 29 minutes 12 seconds West; thence North 85 degrees 04 minutes 41 seconds East not tangent to said curve, a distance of 40.86 feet; thence Northerly along a non-tangential curve, concave to the East, having a central angle of 03 degrees 41 minutes 41 seconds, a radius of 375.00 feet for an arc distance of 24.18 feet; the chord of said curve bears North 02 degrees 47 minutes 06 seconds West to a point of compound curve; thence Northeasterly having a central angle of 48 degrees 24 minutes 10 seconds and a radius of 280.00 feet for an arc distance of 236.54 feet; thence North 47 degrees 27 minutes 54 seconds East tangent to said curve, a distance of 90.30 feet to the northeasterly line of said Lot 2; thence Northwesterly along said northeasterly line on a non-tangential curve, concave to the Northeast, having a central angle of 12 degrees 52 minutes 18 seconds, a radius of 1,101.71 feet for an arc distance of 247.50 feet to the point of beginning, the chord of said curve bears North 32 degrees 18 minutes 41 seconds West. OWNERS' SUPPLEMENT TO DEVELOPMENT AGREEMENT BETWEEN CASTLE RIDGE CARE CENTER,INC. AND THE CITY OF EDEN PRAIRIE THIS AGREEMENT, made and entered into as of , 2019, by and between Castle Ridge Care Center,Inc, a Minnesota corporation,("Owner"),and the CITY OF EDEN PRAIRIE ("City"): For, and in consideration of, and to induce City to adopt Resolution No. for Planned Unit Development Concept Review, Ordinance No. for Planned Unit Development District Review and Zoning District Amendment within the Commercial Regional Service Zoning District, Resolution No. for Site Plan Review, as more fully described in that certain Development Agreement entered into as of , 2019, by and between , a Minnesota , and City ("Development Agreement")pertaining to that certain Property described on Exhibit A hereto, Owner agrees with City as follows: 2. If PRESBYTERIAN HOMES HOUSING AND ASSISTED LIVING, INC., fails to commence development in accordance with the Development Agreement and fails to obtain an occupancy permit for all of the improvements referred to in the Development Agreement within 24 months of the date of this Owners' Supplement, Owner shall not oppose the City's reconsideration and rescission of Resolution No. for Planned Unit Development Concept Review, Ordinance No. for Planned Unit Development District Review and Zoning District Amendment within the Commercial Regional Service Zoning District, Resolution No. for Site Plan Review, identified above, thus restoring the status of the Property before the Development Agreement and all approvals listed above were approved. 2. This Agreement and the Development Agreement shall be binding upon and enforceable against the Property and the Owner, their successors and assigns of the Property. 3. If Owner transfers this Property, Owner shall obtain an agreement from the transferee requiring that such transferee agree to all of the terms, conditions and obligations of"Developer" in the Development Agreement. Neither the Owner or transferee are required to develop the property in accordance with this Agreement, so long as Owner or transferee obtain such approvals as are required by City Code to develop the Property in a manner other than as set forth in this Agreement. IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. CASTLE RIDGE CARE CENTER,INC CITY OF EDEN PRAIRIE By By Its Ronald A. Case Its Mayor By By Its Rick Getschow Its City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2019, by Ronald A. Case and Rick Getschow, respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. Notary Public {00187471 4} 52 Castle Ridge Redevelopment Development Agreement Date of Approval STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2015, by , the of Castle Ridge Care Center, Inc., a Minnesota , on behalf of the corporation. Notary Public {00187471 4} 53 Castle Ridge Redevelopment Development Agreement Date of Approval EXHIBIT A OWNERS SUPPLEMENT LEGAL DESCRIPTION Real property in the City of Eden Prairie, County of Hennepin, State of Minnesota, described as follows: TRACT A: Parcel 1A: Lot 2, Block 1, Fountain Place, according to the recorded plat thereof, Hennepin County, Minnesota. Abstract and Registered Property Certificate of Title No. 1382455 Parcel 2A: Outlot A, Castle Ridge 2nd Addition, according to the recorded plat thereof, Hennepin County, Minnesota. Registered Property Certificate of Title No. 1382455 Parcel 3A: Non-exclusive easement for access purposes for the benefit of Outlot A, Castle Ridge 2nd Addition as defined in the Declaration of Access Easements dated May 6, 2008, recorded May 16, 2008 as Document No. 4497122 in the office of the Registrar of Titles. TRACT B: Parcel 1B: Lot 1, Block 2, Castle Ridge, according to the recorded plat thereof on file and of record in the Office of the County Recorder, Hennepin County, Minnesota. Abstract Property Parcel 2B: {00187471 4} 54 Castle Ridge Redevelopment Development Agreement Date of Approval Non-exclusive easements and rights contained in the Declaration of Easements dated July 9, 1981, recorded July 28, 1981, as Document No. 4659643. TRACT C: Parcel 1C (Castle Ridge Apartments, LLC) Lot 2, Block 2, CASTLE RIDGE, according to the recorded plat thereof on file and of record in the Office of the County Recorder, Hennepin County, Minnesota. Units in A Wing: Unit Nos. 100, 101, 102, 103, 104, 105, 106, 107, 108, 200, 201, 202, 203, 204, 205, 206, 207, 208, 301, 302, 303, 304, 305, 306, 307, 308, 400, 401, 402, 403, 404, 405, 406, 407 and 408. Units in B Wing: Unit Nos. 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 221, 223, 224, 225, 226, 227, 228, 229, 230, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 421, 422, 424, 425, 426, 427, 428, 429 and 430. Units in C Wing: Unit Nos. 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 309, 310, 311, 313, 314, 315, 316, 317, 318, 319, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418 and 419. Units in D Wing: Unit Nos. 150, 151, 152, 153, 154, 155, 156, 157, 158, 250, 251, 252, 253, 254, 255, 256, 257, 258, 350, 351, 352, 353, 354, 355, 356, 357, 358, 450, 451, 452, 453, 454, 455, 456, 457 and 458. Units in E Wing: Unit Nos. 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 359, 360, 361, 362, 363, 364, 365, 366, 367, 368, 369, 459, 460, 461, 462, 463, 464, 465, 466, 467, 468 and 469. Units in F Wing: Unit Nos. 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 271, 272, 273, 274, 275, 276, {00187471 4} SS Castle Ridge Redevelopment Development Agreement Date of Approval 277, 278, 279, 280, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 471, 472, 473, 474, 475, 476, 477, 478, 479 and 480. Garage Unit Nos. 1, 2, 3, 4, 5, 6, 7, 9, 10, 11, 12, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27 and 28. All in Condominium No. 274, Castle Ridge Retirement Community, a condominium, Hennepin County, Minnesota. Parcel 2C (Trustees of the Judith W. Man Trust u/a/d July 26, 2005) Unit No. 312 (C Wing) and Garage Unit 13, Condominium No. 274, Castle Ridge Retirement Community, a condominium, Hennepin County, Minnesota. Parcel 3C: (Bruce D. Parkin) Unit No. 300, Condominium No. 274, Castle Ridge Retirement Community, a condominium, Hennepin County, Minnesota. Parcel 4C: (Cheryl L. Stinski) Unit No. 222 and Garage Unit No. 8, Condominium No. 274, Castle Ridge Retirement Community, a condominium, Hennepin County, Minnesota. Parcel 5C: (Margery A. Fehling and Cheryl Stinski) Unit No. 423, Condominium No. 274, Castle Ridge Retirement Community, a condominium, Hennepin County, Minnesota. Parcel 6C: (K.S.C.S Properties, Inc., a Minnesota corporation) Unit No. 500, Condominium No. 274, Castle Ridge Retirement Community, a condominium, Hennepin County, Minnesota. Parcel 7C: Non-exclusive easements as contained in Declaration(of Easements) dated July 9, 1981, recorded july 28, 1981 as Document No. 4659643. Abstract Property TOGETHER WITH: That part of the Castlemoor Drive as dedicated on CASTLE RIDGE, according to the recorded plat thereof, Hennepin County, Minnesota lying easterly of a line drawn perpendicular from a point on the north line of said Castlemoor Drive, distant 62.48 feet easterly of the southwest corner of Lot 1, Block 2, said CASTLE RIDGE, as measured along {00187471 4} 56 Castle Ridge Redevelopment Development Agreement Date of Approval the south line of said Lot 1. (road to be vacated) Property to be removed from C-Com and rezoned to RM-2.5: That part of Lot 2, Block 2, CASTLE RIDGE and Outlot A, CASTLE RIDGE 2ND ADDITION, according to the recorded plats thereof, all in Hennepin County, Minnesota, described as follows; Beginning at a the most northerly corner of said Lot 2; thence South 65 degrees 25 minutes 29 seconds West assume bearing along the northerly line of said Lot 2, a distance of 13.22 feet to the most easterly corner of said Outlot A; thence North 16 degrees 32 minutes 23 seconds West along the northeasterly line of said Outlot A, a distance of 51.42 feet; thence South 76 degrees 05 minutes 43 seconds West continuing along said northeasterly line, a distance of 160.11 feet; thence South 47 degrees 32 minutes 37 seconds West continuing along said northeasterly line, a distance of 70.52 feet; thence South 45 degrees 32 minutes 26 seconds East, a distance of 2.34 feet; thence Southeasterly, along a tangential curve, concave to the Northeast, having a central angle of 21 degrees 30 minutes 27 seconds, a radius of 158.33 feet for an arc distance of 59.43 feet; thence South 67 degrees 02 minutes 53 seconds East tangent to said curve, a distance of 91.65 feet; thence Southeasterly, along a non-tangential curve, concave to the Southwest, having a central angle of 39 degrees 09 minutes 31 seconds, a radius of 153.81 feet for an arc distance of 105.12 feet; the chord of said curve bears South 46 degrees 21 minutes 18 seconds East; thence Southeasterly along a non-tangential curve, concave to the Northeast, having a central angle of 10 degrees 33 minutes 34 seconds, a radius of 458.33 feet for an arc distance of 84.47 feet; the chord of said curve bears South 36 degrees 51 minutes 42 seconds East; thence Southerly along a non-tangential curve, concave to the East, having a central angle of 49 degrees 57 minutes 23 seconds, a radius of 323.12 feet for an arc distance of 281.73 feet; the chord of said curve bears South 19 degrees 29 minutes 12 seconds West; thence North 85 degrees 04 minutes 41 seconds East not tangent to said curve, a distance of 40.86 feet; thence Northerly along a non-tangential curve, concave to the East, having a central angle of 03 degrees 41 minutes 41 seconds, a radius of 375.00 feet for an arc distance of 24.18 feet; the chord of said curve bears North 02 degrees 47 minutes 06 seconds West to a point of compound curve; thence Northeasterly having a central angle of 48 degrees 24 minutes 10 seconds and a radius of 280.00 feet for an arc distance of 236.54 feet; thence North 47 degrees 27 minutes 54 seconds East tangent to said curve, a distance of 90.30 feet to the northeasterly line of said Lot 2; thence Northwesterly along said northeasterly line on a non-tangential curve, concave to the Northeast, having a central angle of 12 degrees 52 minutes 18 seconds, a radius of 1,101.71 feet for an arc distance of 247.50 feet to the point of beginning, the chord of said curve bears North 32 degrees 18 minutes 41 seconds West. {00187471 4} 57 Castle Ridge Redevelopment Development Agreement Date of Approval CITY COUNCIL AGENDA DATE: SECTION: Public Hearings July 16, 2019 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development/Planning Sheldon Place Townhomes IX.A. Janet Jeremiah/Beth Novak-Krebs Requested Action • Close the Public Hearing; and • Adopt a Resolution for Planned Unit Development Concept Review on 1.01 acres • Approve the 1st Reading of the Ordinance for a Planned Unit Development District Review with waivers on 1.01 acres and a Zoning District Change from Rural to RM-6.5 on 1.01 acres • Adopt a Resolution for a Preliminary Plat of one lot into 11 lots on 1.01 acres • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions Synopsis The applicant is proposing to build 10 townhome units at 7960 Eden Prairie Road. The 1.01-acre property is located on the west side of Eden Prairie Road approximately 1/2 mile south of Highway 5. The site was formerly occupied by Gunnar Electric. There is an office building, shop building, and a number of sheds on the property. The applicant is proposing two 3-unit buildings at the north and south ends of the property and two 2-unit buildings along the west side of the property. Access to the site will remain in its current location across from Glory Lane. The buildings are proposed at 2 1/2-stories and each unit is proposed at approximately 3,440 square feet with a two car garage and two additional covered parking stalls for guests in front of the garage. The units consist of a lower level, a main level with living space and an upper level. The units are designed to include an elevator if the homeowner selects that option. In addition to the parking stalls in front of the two car garages, the proposed plan include 5 surface parking stalls for visitors. The proposal includes a pedestrian connection to the trail along Eden Prairie Road. The proposal also includes a semi-circular seating area next to the sidewalk as a small gathering area for residents. Background Gunnar Electric previously operated on the site and as the business grew the use of the property evolved. This created a number of nonconforming issues on the site. This proposal redevelops the site and would remove the non-conforming issues. The septic system and wells will be abandoned and removed, the existing buildings will be demolished and the site will be prepared for redevelopment. The new buildings with code compliant building materials and the landscaping will improve the aesthetics of the site. This plan is consistent with the Comprehensive Plan's for this property. Requested Waivers The property is currently guided Medium Density Residential and is zoned Rural. The applicant is requesting to rezone to RM-6.5. The size and shape of the property and the frontage on a County highway make development of the site challenging. As a result, the applicant is requesting a number of waivers for the flexibility to development the site with townhomes. In exchange for the waivers, the applicant is proposing a number of improvements that potentially provide value to the City. The developer is proposing to provide a trail easement along the public trail on the west side of Eden Prairie Road, a pedestrian connection to the trail for residents of the project to access Miller Park and the regional trail system, and a variety of native plantings. As a part of the PUD process, the applicant is seeking waivers to City Code requirements as outlined below. 1. Minimum Lot Size City Code requires a minimum lot size of 3,000 square feet. The applicant is requesting a minimum lot size of 1,740 square feet for each unit(Lots 1-10). 2. Minimum Lot Depth City Code requires a minimum lot depth of 100 feet. The applicant is requesting a minimum lot depth of 58 feet for each unit(Lots 1-10). 3. Density City Code allows a maximum density of 6.7 dwelling units per acre. The applicant is requesting a density of 10 units per acre. The proposed density is consistent with the guiding of the property,which allows 2.5 to 10 units per acre. The Comprehensive Plan states that up to 10 units per acre from 6.7 units per acre is allowed with PUD approval. 4. Front Building Setback City Code requires a front building setback of 30 feet. The applicant is requesting a front building setback of 20 feet. This allows the flexibility to fit the units on a long and narrow site. 5. Front Parking Setback City Code requires a front parking setback of 30 feet. The applicant is requesting a parking setback of 5 feet. This allows the visitor parking to be located at the front of the property and not adjacent to the neighboring properties. 6. Minimum Side Yard Setback City Code requires a minimum side yard setback of 10 feet. The applicant is requesting a minimum side yard setback of 7.5 feet for Lots 5 and 6. This allows the two duplex units to be 5' closer together to fit other improvements on the site. 7. Site Area Per Unit City Code requires a gross site area of 6,500 square feet per unit. The applicant is requesting a gross site area 4,418 square feet per unit. 8. Group Usable Open Space City Code requires a 1,000 square feet of Group Usable Open Space per unit. The applicant is requesting 28 square feet per unit. Group Usable Open Space relates more to larger and more dense multifamily buildings than townhomes. This site has access to Miller Park,the trail along Eden Prairie Road and the regional trail system. 9. Lots Without Street Frontage City Code requires all lots to have frontage on a public street. The applicant is requesting a waiver because the lots for each individual unit do not have frontage on a public street. The overall project does have frontage on a public street. Sustainable Features The applicant is proposing to include the following sustainable features in the project: • Energy Star rated appliances • High efficiency rated HVAC systems • LED lighting fixtures • Low flush plumbing toilet fixtures and other building products that reflect sustainability. • Some native plant species. A Phase 1 ESA was completed. The report identified that the site was once used as a gas station. Within the two existing structures, there is one auto repair pit in each building. Secondary testing was completed on the pits and low levels of diesel range organics were identified. The findings were provided to the MPCA, who ruled that the findings were not to a level that would require the MPCA to enroll the site in a release program. The applicant is proposing to have a consultant on site upon demolition to evaluate what if any additional soils should be removed from the site as part of the development process. No affordability or inclusionary housing requirements are recommended to be applied to the project, as the suitability of such requirements for this type of for-sale owner-occupied housing are to be considered and addressed by the City's newly formed Housing Task Force. The project meets the landscaping requirements. The project requires 109 caliper inches for tree replacement. The applicant is providing 31 caliper inches of tree replacement leaving a deficit of 78 caliper inches. The applicant is proposing to comply with the tree replacement requirements by making a cash payment for the deficit as allowed by City Code. Planning Commission Recommendation The Planning Commission voted 7-0 to recommend approval of the project at the June 10, 2019 meeting. Attachments 1. Ordinance for PUD and Zoning District Change 2. Resolution for Planned Unit Development Concept Review 3. Resolution for Preliminary Plat 4. Staff Report 5. Land Use Map 6. Zoning Map 7. Aerial photo 8. Planning Commission Minutes SHELDON PLACE TOWNHOMES 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 RM-6.5 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 Schaefco Development, LLC, 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 RM-6.5 Zoning District respectively 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 16th day of July, 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 to RM-6.5 on 1.01 Acres Legal Description Prior to Final Plat: The North 20 rods of the South 42 rods of the East 10 rods of Government Lot 3, Section 17, Township 116 North, Range 22 West of the 5th Principal Meridian,Hennepin County,Minnesota Legal Description After the Final Plat Lots 1-11,Block 1, Sheldon Place,Hennepin County,Minnesota CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2019- A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF SHELDON PLACE TOWNHOMES FOR SCHAEFCO DEVELOPMENT 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 June 10, 2019, on Sheldon Place Townhomes by Schaefco Development LLC 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 July 16, 2019. NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. Sheldon Place Townhomes,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 July 10, 2019, 3. That the PUD Concept meets the recommendations of the Planning Commission dated June 10, 2019. ADOPTED by the City Council of the City of Eden Prairie this 16th day of July, 2019. Ronald A. Case, Mayor ATTEST: Kathleen Porta, City Clerk EXHIBIT A PUD Concept Legal Description: Legal Description Prior to Final Plat The North 20 rods of the South 42 rods of the East 10 rods of Government Lot 3, Section 17, Township 116 North, Range 22 West of the 5tn Principal Meridian, Hennepin County, Minnesota Legal Description After the Final Plat Lots 1-11, Block 1, Sheldon Place, Hennepin County, Minnesota CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2019- RESOLUTION APPROVING THE PRELIMINARY PLAT OF SHELDON PLACE FOR SCHAEFCO DEVELOPMENT, LLC BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Sheldon Place for Schaefco Development, LLC stamp dated July 10, 2019, and consisting of 1.01 acres into 11 lots, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved subject to approval of the 2nd reading of the Ordinance for 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 16th day of July, 2019. Ronald A. Case, Mayor ATTEST: Kathleen Porta, City Clerk STAFF REPORT TO: Planning Commission FROM: Beth Novak-Krebs, Senior Planner DATE: June 6, 2019 SUBJECT: Sheldon Place Townhomes LOCATION: 7960 Eden Prairie Road APPLICANT: Schaefco Development, LLC 120-DAY REVIEW: August 26, 2019 REQUEST: 1. Planned Unit Development Concept Review on 1.01 acres 2. Planned Unit Development District Review with waivers on 1.01 acres 3. Zoning District Change from Rural to RM-6.5 on 1.01 acres 4. Site Plan Review on 1.01 acres 5. Preliminary Plat of one lot into 11 lots on 1.01 acres BACKGROUND The applicant is proposing to build 10 townhome units , ��,��; i "� at 7960 Eden Prairie Road. The 1.01-acre property is �,N094N `.e MBER-AT( located on the west side of Eden Prairie Road approximately'/2 mile south of Highway 5. The site was 4 I ` ,e— . formerly occupied by Gunnar Electric.There is an office building, shop building, and a number of sheds on the ♦ir i property. '° . # ..., The existing development surrounding the site includes u , ,fry, townhomes on the south, west, and north side of the '�Z ; property and funeral home and a church on the east side .' across Eden Prairie Road. Existing access to the site is _ directly across from Glory Lane and the future Smith 10.4t�' _ ,,. F-. A• _ Village project. ��` ,'I' '%� • /Yk. The existing structures will be demolished prior to t___ `-` I redevelopment of the site. The applicant is proposing , _ ,-,..40,, PROJECT k: SITE e.4 11, two 3-unit buildings and two 2-unit buildings on the �, - property for a total of 10 twnhomes. The buildings are s¢�,``4 proposed at 2 1/2-stories. Each unit is proposed to be �� - c 1 r -, , Staff Report- Sheldon Place Townhomes Page 2 g o ' 1 1 approximately 3,440 square feet with a b o o 4 AA 1 two car garage and two additional covered =i parking stalls for guests in front of the r ;D — — - H garage. The units consist of a lower level, N r _ ,,.,i a [mcK LOT8 LOT 10 a main level with living space and an 2 ATE EPRINIQEREO) OL upper level. The units are designed to FE 60'`° 4 include an elevator if the homeowner : a selects that option. Z I. k -Li j % ,,N_ h ZONING ° -„ kp t -i gw off The property is currently guided Medium o 1' 1 _ g Density Residential. The proposed I .g I r ' development is consistent with the ! ° LL $° guiding of the property. The property is I f- I ° g 2 currently zoned Rural. The applicant has q m - ---.br-1--' a 3o submitted a request to rezone the property I — y ;r ;% to RM-6.5- The proposed preliminaryo ri ri p p f "Wr4 GLORY plat submitted with this project, includes �� ( -,) �5 ° LINE �� Y,IL' r:� ?,5�� LINE separate lots for each unit with Lot 11 I being common space. - „J 1 1, , % SITE PLAN1,1 - 1 . , , The property is long and narrow. The proposed site plan includes triplex units 2 `-k{i E^- m - M Tr. on the north and south ends of the SPRINI{LEREP) FFE-901.6 n LOT 3 LOT 2 LOT� 86 1 p" p property and duplexes along the west side �e L..,__1 .4 72 of the property. Access to the site is - - - - a proposed in its current location across p0 -, - - - - - from Glory Lane. In addition to the m parking stalls in front of the two car garages,the proposed plan include 5 ik surface parking stalls for visitors. Ali �` -- ill The proposal includes a pedestrian e � li „� ■111 III��; / � 131 connection to the trail along Eden �r,11I I� II I I1I,I,' lh Prairie Road. The proposal also -._ I II_ II _ .— -- -_��I Hi__ i—_-7. 1 , ■"■ Iiiiili !!."'" i+ I 1111'. �11:E ' 11 11 �� e1includes asemi-circular seating area ' YEmil , M, . EMI II II 1:�, next to the sidewalk as a small j�1 !! -' `1 ' 1�I -i fill !Vgathering area for residents. � I _____ __._ _�- I .., 1 .p- _ tei■ �I _,yam , ' ■ • -. --- ;ter , FRONT ELEVATION 3/32" ]' 0" 2 Staff Report— Sheldon Place Townhomes Page 3 PLANNED UNIT DEVELOPMENT WAIVERS Gunnar Electric evolved as the business grew. This created a number of nonconforming issues on the site. This proposal redevelops the site and would remove the non-conforming issues. The septic system and wells will be abandoned and removed, the existing buildings will be demolished and the site will be ready for redevelopment. The new buildings with code compliant building materials and the landscaping will improve the aesthetics of the site. This plan is consistent with the City's vision for this property. 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 size and shape of the property and the frontage on a County highway make development of the site challenging. As a result, the applicant is requesting a number of waivers for the flexibility to development the site with townhomes. In exchange for the waivers, the applicant is proposing a number of improvements that potentially provide value to the City. The developer is proposing to provide a trail easement along the public trail on the west side of Eden Prairie Road, a pedestrian connection to the trail for residents of the project to access Miller Park and the regional trail system, and a variety of native plantings. As a part of the PUD process,the applicant is seeking waivers to City Code requirements as outlined below. 1. Minimum Lot Size City Code requires a minimum lot size of 3,000 square feet. The applicant is requesting a minimum lot size of 1,740 square feet for each unit(Lots 1-10). 2. Minimum Lot Depth City Code requires a minimum lot depth of 100 feet. The applicant is requesting a minimum lot depth of 58 feet for each unit(Lots 1-10). 3. Density City Code allows a maximum density of 6.7 dwelling units per acre. The applicant is requesting a density of 10 units per acre. The proposed density is consistent with the guiding of the property, which allows 2.5 to 10 units per acre. The Comprehensive Plan states that up to 10 units per acre from 6.7 units per acre is allowed with PUD approval. 4. Front Building Setback City Code requires a front building setback of 30 feet. The applicant is requesting a front building setback of 20 feet. This allows the flexibility to fit the units on a long and narrow site. 3 Staff Report— Sheldon Place Townhomes Page 4 5. Front Parking Setback City Code requires a front parking setback of 30 feet. The applicant is requesting a parking setback of 5 feet. This allows the visitor parking to be located at the front of the property and not adjacent to the neighboring properties. 6. Minimum Side Yard Setback City Code requires a minimum side yard setback of 10 feet. The applicant is requesting a minimum side yard setback of 7.5 feet for Lots 5 and 6. This allows the two duplex units to be 5' closer together to fit other improvements on the site. 7. Site Area Per Unit City Code requires a gross site area of 6,500 square feet per unit. The applicant is requesting a gross site area 4,418 square feet per unit. 8. Group Usable Open Space City Code requires a 1,000 square feet of Group Usable Open Space per unit. The applicant is requesting 28 square feet per unit. Group Usable Open Space related more to larger multifamily buildings than townhomes. This site has access to Miller Park, the trail along Eden Prairie Road and the regional trail system. 9. Lots Without Street Frontage City Code requires all lots to have frontage on a public street. The applicant is requesting a waiver because the lots for each individual unit do not have frontage on a public street. The overall project does have frontage on a public street. LANDSCAPING AND TREE REPLACEMENT The project requires 107 caliper inches for landscaping and 109 caliper inches for tree replacement. The landscape plan includes 138 caliper inches of landscaping. The plan includes screening along the west property line and along Eden Prairie Road. In addition,the project includes a seating area north of the driveway with plantings surrounding the seating area to create a buffer between the space and the road and enhance the experience in the space. The plan includes a variety of trees, shrubs,perennials and grasses,including native species.Due to the size of the site and the location of drainage and utility easements,meeting the tree replacement requirements is difficult. If the excess caliper inches from the landscaping are applied to tree replacement, there is still a 78 caliper inch deficit. The applicant is proposing to comply the tree replacement requirements by making a cash payment for the deficit as allowed by City Code. SIDEWALKS AND TRAILS There is an existing 10 foot wide asphalt trail along the west side of Eden Prairie Road. The trail is located just behind the curb and there is not a boulevard. In order to provide for the potential future installation of a boulevard if the street is reconstructed, the applicant is proposing to provide an additional 10 foot wide trail easement along the front property line. The applicant is proposing to install a concrete sidewalk connection from the site to the trail along Eden Prairie Road. This will provide residents pedestrian access to Miller Park, and the Minnesota River Bluffs LRT Regional Trail. 4 Staff Report— Sheldon Place Townhomes Page 5 DRAINAGE The applicant is proposing to construct an underground infiltration system to meet the post construction stormwater requirements of the City of Eden Prairie and the Riley Purgatory Bluff Creek Watershed District. The underground system will be designed to provide water quality treatment and volume reduction for the newly created building and parking lot impervious surfaces. The underground system also provides 100-year flood storage to match the existing undeveloped stormwater discharge rates leaving the site. LIGHTING No common area lighting will be included. Each unit will have exterior light fixtures that will include an entry light next to the main entry, a recessed light under the guest parking canopy, and a light next to the deck door. The lighting complies with the standards. PHASE I ENVIRONMENTAL SITE ASSESSMENT A Phase 1 ESA was completed. The report identified that the site was once used as a gas station. Within the two existing structures, there is one auto repair pit in each building. Secondary testing was completed on the pits and low levels of diesel range organics were identified. The findings were provided to the MPCA,who ruled that the findings were not to a level that would require the MPCA to enroll the site in a release program. The applicant is proposing to have a consultant on site upon demolition to evaluate what if any additional soils should be removed from the site as part of the development process. SIGNS The applicant is proposing a sign near the entrance to the site and an addressing sign. All proposed signs will require review and approval through the sign permit process and compliance with Section 11.70. UTILITIES The site currently has a septic system and a well, which are required to be abandon and removed. The new buildings will be served by municipal sanitary sewer and water. The existing services are located in the back two corners of the property. The proposed water line loops through the site and the applicant is proposing new hydrants on the site. AFFORDABILITY No affordability or inclusionary housing requirements are recommended to be applied to the project, as the suitability of such requirements for this type of for-sale owner-occupied housing are to be considered and addressed by the City's newly formed Housing Task Force. SUSTAINABLE FEATURES The units within the project will be constructed with sustainable features including; Energy Star rated appliances, high efficiency rated HVAC systems, LED lighting fixtures, low flush 5 Staff Report— Sheldon Place Townhomes Page 6 plumbing toilet fixtures and other building products that reflect sustainability. The Landscape Plan includes a variety of native plant species. NEIGHBORHOOD MEETING The applicant held a neighborhood meeting on April 9, 2019. Of the 120 residents invited, 8 people attended. According to the applicant, the feedback was generally positive. STAFF RECOMMENDATION Recommend approval of the following requests: • Planned Unit Development Concept Review on 1.01 acres • Planned Unit Development District Review with waivers on 1.01 acres • Zoning District Change from Rural to RM-6.5 on 1.01 acres • Site Plan Review on 1.01 acres • Preliminary Plat of one lot into 11 lots on 1.01 acres This is based on plans stamp dated May 7, 2019 and the following conditions: 1. Prior to being scheduled for the 1st reading by the City Council, the applicant shall: A. The building setbacks on sheet S 1 should be revised as follows: Side= 50 feet, 150 total. B. Revise the Site Data on sheet Cl to include the density, building height, and group usable open space requires and provided. C. For clarity, please provide an exhibit that clearly shows the proposed drainage & utility easements and location of the public utilities within the easements. D. The right of way line for Eden Prairie Road(CSAH#4)must be shown on all plan sheets. E. The underground BMP locations should be shifted east such that 10' clearance is maintained between the public sanitary sewer line and the BMP chambers. F. Revise the Stormwater Management Plan to reflect the revised underground infiltration basin and storm sewer design. G. The sign location should be outside of the underground infiltration chamber footprint. H. Driveway grades may need to be adjusted in order to meet ADA ped ramp design requirements at the driveway/trail. Eden Prairie detail R-14 should be utilized. I. The proposed sidewalk must be extended to meet the existing trail location. J. The public utilities (sanitary sewer and watermain) and the drainage and utility easements must be shown on the landscape plan. K. Due to the findings in the Phase I Environmental Site Assessment, the applicant shall have a consultant on site to evaluate the soils during the demolition of the existing improvements on the site. 6 Staff Report— Sheldon Place Townhomes Page 7 2. Prior to release of the final plat, the applicant shall: A. Sign special assessment agreement for City trunk sewer and water assessment fees. B. A Trail Easement document shall be prepared for review and approval by the City Engineer. The document shall be filed with the final plat. C. A No Build Agreement for lot 11 shall be prepared for review and approval by the Building Official. The No Build Agreement shall be filed prior to the issuance of the first building permit. 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. 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. E. The well and septic shall be removed in accordance with all applicable requirements. 4. Prior to building permit issuance for the property, the proponent shall: A. Pay the appropriate cash park fees. B. Meet the tree replacement requirements through replacing 31 caliper inches of trees and making a cash payment for the remaining caliper inches that are required. C. Submit a landscaping letter of credit, or escrow surety equivalent to 150% of the cost of the landscaping. D. 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 are granted through the PUD for the project as indicated in the plans stamp dated May 7, 2019 A. Minimum Lot Size. City Code requires a minimum lot size of 3,000 square feet. The Waiver allows a minimum lot size of 1,740 square feet for each unit(Lots 1-10). B. Minimum Lot Depth. City Code requires a minimum lot depth of 100 feet. The Waiver allows a minimum lot depth of 58 feet for each unit(Lots 1-10). C. Density. City Code allows a maximum density of 6.7 dwelling units per acre. The Waiver allows a density of 10 units per acre. D. Front Building Setback. City Code requires a front building setback of 30 feet. The Waiver allows a front building setback of 20 feet 7 Staff Report— Sheldon Place Townhomes Page 8 E. Front Parking Setback. City Code requires a front parking setback of 30 feet. The Waiver allows a parking setback of 5 feet. F. Minimum Side Yard Setback. City Code requires a minimum side yard setback of 10 feet. The Waiver allows a minimum side yard setback of 7.5 feet between Lots 5 and 6. G. Site Area Per Unit. City Code requires a gross site area of 6,500 square feet per unit. The Waiver allows a gross site area 4,418 square feet per unit. H. Group Usable Open Space. City Code requires a 1,000 square feet of Group Usable Open Space per unit in. The Waiver allows 28 square feet per unit. I. Lots Without Street Frontage. City Code requires all lots to have frontage on a public street. The Waiver allows the lots for the individual units to have no street frontage. 8 Guide Plan Map: Sheldon Place Townhomes Address: 7960 Eden Prairie Road Eden Prairie, MN 55344 ikk sr, __________i,...]L _,------ - , et o 2c4ric________„ o. s II I Z' w Ce F<q/R -a ,� z w o 0 0GLORY ,,,,„„,,, MI 11 ) e;tsitej w MI] '0]]]' MITT] I City of Eden Prairie Land Use Guide Plan Map 2000-2030 Rural Residential 0.10 Units/Acre Neighborhood Commercial N Low Density Residential 0-2.5 Units/Acre Community Commercial Streams 177 Low Density/Public/Open Space - Regional Commercial —Principal Arterial —A Minor Arterial MIMedium Density residential 2.5-10 Units/Acre ®Town Center laf, —B Minor Arterial DATE Approved 03-19-03 DATE Revised 12-06-06 nMedium High Density Residential 10-40 Units/Acre- 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 E D E N - High Density Residential 40-75 Units Per Acre Public/Quasi-Public DATE Revised 2-23-06 DATE Revised 10-01-07 Minor Collector0 DATE Revised 03-23-06 DATE Revised 03-01-08 =Airport Golf Course DATE Revised 06-23-06 DATE Revised 03-01-09 Office - Church/Cemetary PRAIRIE Y/Z Office/Industrial Open Water LIVE•WORK•DREAM '2 Office/Public/Open Space Right-Of-Way 230 115 MnO ogamm�Me mo1.m_o.„®1�Xnpnel' om4230pFeet - Industrial Q CityLimits Zoning Map: Sheldon Place Townhomes Address: 7960 Eden Prairie Road Eden Prairie, MN 55344 IliLiiiii.r: ' TIMBE- - ,_, i'u 04, Or- � \ ----, ce lit itt d wZ w 0 w c z, 1 . . 80 Proj t Proposing to Rezone . Site from Rural to RM-6.5 . GLORY W ce U_ T \I\1II\ LLILIILIctZ1 !a v MI 4LER 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) Rill R1-9.5 One Family-9,500 sf min. 1.1 Industrial Park-2Acre Min, ® 100- Year Floodplain EDEN 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 Office l l Public Ordinance#33-2001(BFI Addition)approved,but not shown on this map edition PRAIRIE Neighborhood Commercial I I Golf Course Date:March 1,2009 Community Commercial I I Water Incase of discrepancy related to a zoning ciassifmadon on this zoning map,the Ordinance LIVE•WOAK•DAEAM and attached legal description on file at Eden Prairie city center will prevail. -Highway Commercial I I Right of Way -Regional Service Commercial DCityLimits 0 0.05 0.1 Miles .wa,_o...m..�-mo..,.._..®..g..o.,.,, ..._..ano.r.m ,..,,mo, Aerial Map: Sheldon Place Townhomes Address: 7960 Eden Prairie Road Eden Prairie, Minnesota TIMBER LAKE DRIVE ss f(/(.-....- \ ''',, r 1 ' Alt * * - it 1 1- 1 Na.._ ir- ,. u.: # dire I( � ins .Af Ak4 _ce liliA %, :WM - ci 1 ; , V iit MI w till _ ,....„. .„, 411)1Aalo ,ik _ LORY LANE arill .. c k ''" ,trion,,i6mok /- ` ► PROJECT ,` N f T. SITE ., ,o ilk 444,14 I ‘��`� •%.gyp*. i 4 111-;..%8 14 ' it 444, o i ,. , �, F o� fit. ,ti , 11 ` ���11 _ t` N. Y Miller Park 0 05: 190 380 Feet APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY, JUNE 10, 2019 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, Balu Iyer CITY STAFF: Julie Klima, City Planner; Rod Rue, City Engineer; Kristin Harley, Recording Secretary I. CALL THE MEETING TO ORDER Chair Pieper called the meeting to order at 7:00 p.m. II. PLEDGE OF ALLEGIANCE—ROLL CALL Commission members Villarreal and Higgins were absent. III. APPROVAL OF AGENDA MOTION: Iyer moved, seconded by Kirk to approve the agenda. MOTION CARRIED 7-0. IV. MINUTES MOTION: Weber moved, seconded by DeSanctis to approve the minutes of May 28, 2019. MOTION CARRIED 7-0. V. PUBLIC HEARINGS A. SHELDON PLACE TOWNHOMES Request for: • Planned Unit Development Concept Review on 1.01 acres • Planned Unit Development District Review with waivers on 1.01 acres • Zoning District Change from Rural to RM-6.5 on 1.01 acres • Site Plan Review on 1.01 acres • Preliminary Pat of one lot into 11 lots on 1.01 acres Tim Brown, partner and President of Schaefco Development, LLC. introduced partner and Vice-President Dan Schaefer and presented a PowerPoint of the application. The developer specialized in both urban and suburban residential infill multifamily attached and detached developments. The application involved a PLANNING COMMISSION MINUTES June 10, 2019 Page 2 long and shallow one-acre property currently zoned rural. The goal was to mitigate the onsite urban impacts of the project. Wells and septic systems would be updated and historical uses, including a filling station, would be mitigated and improved through creative engineering and architectural components. The soil would be tested. The target market was the empty-nester profile as well as the young professional buyer attracted to an urban community. Site constraints impacted the parking, storm water management, access, and setbacks. The housing product would be attached twin and triplex two-story homes without basements and with two-car garages and two-car guest parking areas. The primary living areas would be on the second floors, accessible from the parking area via an elevator if needed in the future. The average unit size was between 2,500 and 2,800 square feet. Brown displayed the elevations and explained the dimensions. The site plan minimized impacts on utility easements and the front yard setback ranged from 20 feet to 36 feet. A private below ground infiltration chamber system would handle the stormwater. The utilities would be routed in and around the drive lane. Snow removal would be handled by a vendor. The landscape plan included the removal of eight significant and one heritage tree, and replacement trees along with perennials would be planted. Included would be an integrated common seating patio area within a landscape garden. Brown detailed the sustainable considerations and the project's connectivity to ADA-compliant trail systems giving access to Miller Park. He explained the PUD request and the benefits of this. DeSanctis asked how deep the core sample went for the testing of low level of diesel-range hydrocarbons and for the breakdown of specific hydrocarbons. He wanted to be sure there was no tetraethyl lead and wished to see a detailed environmental impact statement on the core samples. Brown offered to provide the detailed memo prepared by the sampling vendor. Mette asked for the price point and if this development was exclusively for a 55-plus community. Brown replied the development was not exclusive to residents aged 55 and over but would be marketed to any age range, and the price point ranged between 550,000.00 to 700,000.00 dollars. Iyer noted the many waivers on this medium- density plan and asked if the number of units could be lowered. Brown replied it was not possible to remove all the waivers due to the constraints of the site; only the density could be altered. Farr asked for the results of the community meeting. Brown replied eight people attended out of the 120 invitations sent to townhome residents. The main comments were positive. The only concern was the height of the development. Fan asked if a more direct connection was brought up between the development and the trail and Brown replied it was not mentioned. Farr noted the garage doors were actually set back farther than the facades, creating a possible arched doorway effect. He asked for context on the elevator design: if they had been built before. Brown replied his firm had built eight developments with the capacity for an elevator,but none had gone ahead with the elevator. It would be an enclosed PLANNING COMMISSION MINUTES June 10, 2019 Page 3 elevator. Farr asked for and receive confirmation there would be no further topographical changes for the garages to inconvenience wheelchair access. Klima gave the staff report. The request was for a PUD, rezoning,preliminary plat and a site plan. There waivers requested, especially regarding the density and the group usable open space per unit, were mostly interrelated. The setback applied to both the buildings and the parking. These waivers therefore may not have the impact they first appeared to have. The landscaping and tree replacement were two separate and distinct requirements. The proposed landscaping plan met City requirement contained extra caliper inches that could be deducted from the tree replacement requirement. The applicant could pay cash in lieu of tree replacement. Staff recommended approval subject to conditions listed in the staff report. Mette asked for the setback of the parking of the Common Bond development across the street, and Klima replied she believed it was 15 feet for the entire parking area, whereas in the current development only five parking stalls would encroach upon the grassy area. DeSanctis asked what would change at the western boundary and how this would impact the residents in that area. Brown replied the existing treescape would be removed except for three or four and the existing screening replaced with a higher quality product at a height of between eight and 15 feet tall. It was not possible to replace trees in certain areas. The white vinyl fence would continue along the western boundary. Farr asked for and received confirmation from Klima there was review of fire truck access. Farr asked if a denser zoning district might be more appropriate. Klima replied the property behind this development was zoned RM-6.5 so this development was appropriately and consistently zoned. The Comprehensive Plan and the Zoning Ordinance outlined that any density over 6.5 units per acres and up to 10 required a PUD. Farr asked if staff had encouraged the applicant to replant with larger caliper trees, and Klima replied staff had this conversation with the applicant; however, there was a tipping point after which trees became too large to thrive in the long term. MOTION: Kirk moved, seconded by DeSanctis to close the public hearing. MOTION CARRIED 7-0. Mette commended the unique guest parking solution. She also wanted to see the environmental review and also called for a passive vapor mitigation system installed beneath these townhomes for radon. Brown replied these were required by code and would be installed. DeSanctis asked for the location of the underground pipe that connected Mitchell Lake to Red Rock Lake in relation to this property. Rue replied the chain of lakes storm sewers were at the interchange of County Road 4 and Highway 212. Kirk also noted the many waivers; however, he acknowledged the site which was one among many infill sites to come before the commission represented a challenge. He also commended the parking solution. Kirk found the plan beautiful PLANNING COMMISSION MINUTES June 10, 2019 Page 4 and saw no improvements to be had by reducing the number of waivers; this achieved a balance. Iyer stated his concern with the waivers involved the soil analysis depth at which it needed to be done, considering there was a gas station on site in the past. Pieper asked Klima to explain the process of vetting an environmental assessment report. Klima explained the report was reviewed by Engineering, and Building Inspections staff. The Minnesota Pollution Control Agency(MPCA) also reviewed the report. A condition in the staff recommendation included having an engineer on site during construction. Iyer commended the project and the architecture. Farr also commended the project for its density, which he found appropriate for this location. He stated he was comfortable with the City's and the State's safeguards on the environmental impact, which was a process he had undergone in the past. Mette concurred, saying there were several triggers that would guide the development under the supervision of the MPCA. DeSanctis agreed this project improved the aesthetics of this parcel of land and the soil testing would be rigorous and further reviewed on site. MOTION: Kirk moved, seconded by Farr to recommend approval of the Planned Unit Development Concept Review on 1.01 acres, Planned Unit Development District Review with waivers on 1.01 acres, Zoning District Change from Rural to RM-6.5 on 1.01 acres, Site Plan Review on 1.01 acres and Preliminary Pat of one lot into 11 lots on 1.01 acres based on the plan stamp-dated June 7, 2019 and staff report dated May 7, 2019. MOTION CARRIED 7-0. VI. PLANNERS' REPORT Klima updated the commission members on the Parks and Open Space Zoning District. Staff held an informational meeting and 9,000 residents within 500 feet of city parks received a notice. This request will likely be scheduled for Planning Commission review for later in July. Kirk asked for comments from residents. Klima replied staff fielded 50 calls and 100 residents were in attendance at the meeting. Once residents understood there were no essential changes to parks there were no concerns with the rezoning. Independent concerns arose which city staff were following up on individually. Pieper asked for the use of more natural "plain language" in the City's communications to residents. Klima replied staff was working on refining the letter for public notice and the City's Development Project Map. VII. MEMBERS' REPORTS VIII. ADJOURNMENT MOTION: Weber moved, seconded by Mette to adjourn. MOTION CARRIED 7-0. The meeting was adjourned at 7:58 p.m. CITY COUNCIL AGENDA DATE: SECTION: Public Hearing July 16, 2019 DEPARTMENT/DIVISION: ITEM DESCRIPTION: Vacation 19-05 ITEM NO.: Denise Christensen Vacation of Drainage and Utility IX.B. Public Works/Engineering Easements Requested Action Move to: Close the public hearing; and Adopt the Resolution vacating Drainage and Utility Easements. Synopsis The property owners of the lots at have requested the vacation of all the drainage and utility easements to facilitate the plat of Eden Bluff Highlands 5th Addition for parking lot expansion. There has been an Objection from CenturyLink regarding the possibility of phone lines in the easement. The vacation is conditioned upon a receipt of No Objection to the Vacation from CenturyLink. Background Information The drainage and utility easements were originally dedicated with the plat of Eden Bluff Highlands 3rd Addition. The drainage and utility easements will no longer be needed for the new plat of Eden Bluff Highlands 5th Addition. The release of the resolution vacating the drainage and utility easements shall be conditioned on the recording of the plat of Eden Bluff Highlands 5th Addition and the receipt of No Objection from CenturyLink. Attachments • Resolution • Location Map • Site Plan • Published Notice • Notification List CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2019- VACATION OF PART OF THE DRAINAGE AND UTILITY EASEMENTS DEDICATED ON LOT 1, BLOCK 1,AND OUTLOT A, EDEN BLUFF HIGHLANDS 3RD ADDITION VACATION 19-05 WHEREAS, the City of Eden Prairie has a certain drainage and utility easements described as follows: All of the 5.00 foot Drainage and Utility Easements as dedicated on Lot 1, Block 1 and Outlot A, EDEN BLUFF HIGHLANDS 3RD ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota, lying southerly of the Northerly 10.00 feet and easterly of the Westerly 10.00 feet of said Lot 1 and Outlot A. WHEREAS, a Public Hearing was held on July 16, 2019, after due notice was given to affected property owners and published in accordance with M.S.A. 412.851; and WHEREAS, the Council has been advised by City Staff that the proposed vacation of the above described drainage and utility easements has no relationship to the comprehensive municipal plan; and WHEREAS, it has been determined that the said drainage and utility easements are not necessary and have no interest to the public, therefore, should be vacated. NOW, THEREFORE,BE IT RESOLVED by the Eden Prairie City Council as follows: 1. Said drainage and utility easements as 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 plat of Eden Bluff Highlands 5th Addition has been recorded with the County Recorder/Registrar of Titles as applicable and a notice of No Objection has been received from CenturyLink. 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 plat of Eden Bluff Highlands 5th Addition is recorded. ADOPTED by the Eden Prairie City Council on July 16, 2019. Ronald A. Case, Mayor ATTEST: Kathleen Porta, City Clerk T v'` Ro F 0 p/O"N �,. �`� 4 Staring o co rI co* Lake Flying Cloud 0 Park i Fields zNO Tom'` O D. C J 90 P Flying Cloud No 28 Airport oq-• M. A. C. U 132. 4 A UM sT RD J - °R " SI T E IX Jti \s _, tiFc pick 1 z ,,� Rg,s,S, a 1N. 135. Et ,, ,'b 4 0 2 N 0 C O DR. ^"0' �o O v. Prairie Bluff Conservation Area 3 '1 ilk VI RIVER VIEW D. E i E E 3 0 "" 111110 EDEN EASEMENT VACATION LOCATION MAP VAC 19-05 N DATE: 06/20/2019 PRAIRIE LIVF•WDAR•DREAM 02019 Westwood Professlonol Services, Inc. Drainage and Utility Easement Vacation Description All of the 5.00 foot Drainage and Utility Easements as dedicated on Lot 1, Block 1 and Outlot A, EDEN BLUFF HIGHLANDS 3RD ADDITION, \ _ — _ — — _ according to the recorded plat thereof, Hennepin County, Minnesota, lying southerly of the Northerly 10.00 feet and easterly of the Westerly \ — _ _10.00 feet of said Lot 1 and Outlot A. _ — — — � I I - North line of Lot 1, Block 1, \ — _ _ — — I I EDEN BLUFF HIGHLANDS 3RD ADDITION _ _ \ — — \A\ I — \\ I I \ �— Drainage and Utility Easement per the North line of Outlot A, plot of EDEN BLUFF HIGHLANDS 3RD ADDITION \ \I EDEN BLUFF HIGHLANDS 3RD ADDITION(/ \� I 1 _ I - West line of Outlot A, �� I /./ L ® V /� / EDEN BLUFF HIGHLANDS 3RD ADDITION \ I L II �— Drainage and Utility Easement per the OUTLOT A plat of EDEN BLUFF HIGHLANDS 3RD ADDITION I I �5 to be vacated Z I 10 5� rI I D.33 j III rI Drainage and Utility L 0 T 1 I i Easement per the �� plat of EDEN BLUFF �� 10 H ® HIGHLANDS 3RD ADDITION // I _ ®\ Z _ — 1C I I ® \ 11 \; 1� I I J West line of Lot 1, Block 7, J i' EDEN BLUFF HIGHLANDS 3RD ADDITION '1" 1 I I 9 1 I I I o �� i \ - �, r 1 — Denotes Drainage and I1 Utility Easements to Jir be Vacated � o FLYING l IV�/CLOUDYSheet: 1 OF 1 DRIVE 2oa (U.S NO. 212) Date: 05/13/1.9 _ 0022548SKF01.dwg Crew: • EDEN BLUFF Easement West d Checked: CW HIGHLANDS Vacation Phone (952)9375150 12701 wnitewete,Drive,Su8e 9300Fax (952) Exhibit TtlIFM (3 8)93]F850 wp(wppdPy�22 Minnetonka,MN 55343 Drawn pmS�,T ��o� make. L/1 1]1 Y• Record Drawing by/date: Eden Prairie, Minnesota VACATION 19-05 NOTICE OF VACATION OF PART OF THE DRAINAGE AND UTILITY EASEMENTS DEDICATED ON LOT 1, BLOCK 1, AND OUTLOT A, EDEN BLUFF HIGHLANDS 3RD ADDITION 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 July 16, 2019 at 7:00 p.m. to hear all persons present upon the proposed vacation of all the drainage and utility easements described as follows: All of the 5.00 foot Drainage and Utility Easements as dedicated on Lot 1, Block 1 and Outlot A, EDEN BLUFF HIGHLANDS 3RD ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota, lying southerly of the Northerly 10.00 feet and easterly of the Westerly 10.00 feet of said Lot 1 and Outlot A. By Order of the City Council Published in the Eden Prairie News on June 27, 2019. NOTIFICATION LIST VACATION REQUEST 19-05 A copy of the Public Hearing Notice has been sent to owners of the following parcels: 2711622320001 2711622330004 2811622410002 2811622410003 2811622440007 2811622440008 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 July 16, 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 268157 - 268792 Wire Transfers 1022901 - 1023133 Wire Transfers 7139 - 7183 Purchasing Card 7172 City of Eden Prairie Council Check Summary 7/16/2019 Division Amount Division Amount 000 General 556,092 304 Senior Board 186 100 City Manager 14,200 308 E-911 400 101 Legislative 3,595 315 Economic Development 5,297 102 Legal Counsel 57,584 502 Park Development 1,093 110 City Clerk 1,381 509 CIP Fund 1,602 111 Customer Service 9,297 522 Improvement Projects 2006 180,319 112 Human Resources 325 532 EP Road Connect Flying Cloud 192,705 113 Communications 29,337 536 General LRT 10,000 114 Benefits&Training 4,435 538 SingleTree Lane South 138,030 130 Assessing 500 804 100 Year History 126 131 Finance 2,066 Total Capital Projects Fund 529,756 132 Housing and Community Services 9,341 133 Planning 1,601 601 Prairie Village Liquor 195,492 136 Public Safety Communications 810 602 Den Road Liquor 356,956 137 Economic Development -994 603 Prairie View Liquor 244,512 150 Park Administration 1,501 605 Den Road Building 2,947 151 Park Maintenance 167,951 701 Water Enterprise Fund 502,603 153 Organized Athletics 2,493 702 Wastewater Enterprise Fund 408,662 154 Community Center 41,128 703 Stormwater Enterprise Fund 17,121 155 Beaches 254 Total Enterprise Fund 1,728,294 156 Youth Programs 13,292 157 Special Events 23,039 802 494 Commuter Services 58,291 158 Senior Center 6,120 803 Escrow Fund 19,979 159 Recreation Administration 61 806 SAC Agency Fund 34,790 160 Therapeutic Recreation 1,627 807 Benefits Fund 1,303,712 161 Oak Point Pool 264 809 Investment Fund 4,807 162 Arts 17,188 810 Workers Comp Insurance 137,416 163 Outdoor Center 2,575 811 Property Insurance 2,639 164 Park Rental Facilities 874 812 Fleet Internal Service 86,636 168 Arts Center 1,610 813 IT Internal Service 286,549 180 Police Sworn 50,468 814 Facilities Capital ISF 84,182 184 Fire 29,391 815 Facilites Operating ISF 45,539 186 Inspections 3,215 816 Facilites City Center ISF 100,670 200 Engineering 6,806 817 Facilites Comm.Center ISF 152,769 201 Street Maintenance 89,978 Total Internal Svc/Agency Funds 2,317,980 202 Street Lighting 70,600 Total General Fund 1,220,005 Report Total 5,941,036 301 CDBG 25,773 303 Cemetary Operation 3,165 Total Special Revenue 28,938 437 G.O.Perm.Improv.2010A 11,315 439 G.O.Refunding Bonds 2011C 9,398 440 GO Perm Impr Ref Bonds 2011D 13,769 441 2012A G.O.Refunding Bonds 57,928 442 2012B G.O.Refund Capital Imp 23,653 Total Debt Service Fund 116,063 City of Eden Prairie Council Check Register by GL 7/16/2019 Check# Amount Supplier/Explanation Account Description Business Unit Comments 268502 371,799 METROPOLITAN COUNCIL ENVIRONMENTAL SERVI MCES User Fee Wasterwater Collection Wastewater Fee July 2019 7168 279,355 ULTIMATE SOFTWARE GROUP,THE Federal Taxes Withheld Health and Benefits Payroll taxes PR ending 06.21.19 268476 275,628 HEALTHPARTNERS Accounts Receivable Health and Benefits Premiums July 2019 268467 268,937 EUREKA CONSTRUCTION INC Improvement Contracts General Fixed Asset Account Gr Preserve Blvd Reconstruction 7145 263,360 ULTIMATE SOFTWARE GROUP,THE Federal Taxes Withheld Health and Benefits Payroll taxes PR ending 06.07.19 268334 194,214 EBERT CONSTRUCTION Outside Water Sales General Fixed Asset Account Gr Staring Lake Pavilion Reconstruct 7166 175,039 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA PR ending 06.07.19 7143 174,942 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA PR ending 05.24.19 268358 137,416 LEAGUE MN CITIES INS TRUST Workers Comp Insurance Workers Comp Insurance Workers Comp premiums 1022948 137,361 SHI CORP Software Maintenance IT Operating MS Enterprise Renewal 1023018 134,304 ODESA II LLC Improvement Contracts SingleTree Lane South Singletree South Streescaping 268562 132,558 CENTRAL ROOFING COMPANY Building Repair&Maint. Water Capital Roofing Utilities Garage 7154 122,001 MINNESOTA DEPT OF REVENUE Sales Tax Payable Historical Culture Sales tax May 2019 1023027 121,990 XCEL ENERGY Electric General Fund Multi location electric 268409 98,133 BUENZ,ADAM Right of Way&Easement EP Rd Connect to Flying Cloud 268241 95,759 MIDWEST PLAYSCAPES Landscape Materials/Supp Round Lake 7174 90,979 WELLS FARGO BANK MINNESOTA NA Interest 2012B GO Refund Capital Improv 268556 82,312 VEIT&CO Improvement Contracts General Fixed Asset Account Gr 268429 74,190 BLACKSTONE CONTRACTORS LLC Improvements to Land General Fixed Asset Account Gr 268294 73,112 ALTERNATIVE BUSINESS FURNITURE INC Capital Under$25,000 Facilities Capital 268689 67,760 BERGERSON-CASWELL INC Equipment Repair&Maint Water Capital 7172 66,122 USB-PURCHASING CARD Other Revenue Utility Operations-General 1023057 61,240 GREGERSON ROSOW JOHNSON&NILAN LTD Legal Rehab 268400 50,611 VALLEY PAVING INC Improvement Contracts General Fixed Asset Account Gr 1023013 46,098 J&D WINDOW CLEANING Building Repair&Maint. City Center-CAM 268533 42,000 RYAN PERRY Right of Way&Easement EP Rd Connect to Flying Cloud 7149 40,851 WELLS FARGO BANK MINNESOTA NA Interest Wastewater Capital 268491 38,787 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store 1023112 38,470 HANSEN THORP PELLINEN OLSON Design&Engineering Water Capital 268737 38,249 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store 1023062 37,355 LOGIS Network Support Facilities Capital 268351 37,034 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store 268551 36,350 ULTIMATE SOFTWARE GROUP,THE Ultimate(prey.Ceridian) IT Operating 1022924 36,322 ADVANCED ENGINEERING&ENVIRONMENTAL SE Equipment Repair&Maint Wastewater Capital 1022938 35,360 LOGIS Software Maintenance IT Capital 268239 34,442 METROPOLITAN COUNCIL Other Revenue SAC Agency Fund 268225 31,597 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store 268282 30,350 THE PRESERVE ASSOCIATION Right of Way&Easement General Fixed Asset Account Gr 1023051 29,191 DIVERSE BUILDING MAINTENANCE Janitor Service Maintenance Facility 1022931 28,118 DIVERSE BUILDING MAINTENANCE Janitor Service Maintenance Facility 268290 27,356 ABM ONSITE SERVICES-MIDWEST Tenant 1-Cleaning Supply City Center-CAM 268539 26,732 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store 1023066 26,163 PARROTT CONTRACTING INC Equipment Repair&Maint Water Distribution 268329 25,572 DODGE OF BURNSVILLE Equipment Parts Fleet-Police 268693 25,387 BREAKTHRU BEVERAGE MINNESOTA BEER LLC Liquor Product Received Prairie View Liquor Store 7170 24,611 EMPOWER Deferred Compensation Health and Benefits Check# Amount Supplier/Explanation Account Description Business Unit Comments 7147 24,332 EMPOWER Deferred Compensation Health and Benefits 268432 24,191 BREAKTHRU BEVERAGE MINNESOTA BEER LLC Liquor Product Received Den Road Liquor Store 268408 21,867 ARVEST CENTRAL MORTGAGE COMPANY Right of Way&Easement EP Rd Connect to Flying Cloud 7146 21,866 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits 268789 21,760 WARNING LITES Equipment Repair&Maint Traffic Signs 7169 21,668 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits 268531 21,145 REHBEIN'S AGRICULTURAL SERVICES Lime Residual Removal Water Treatment 268740 19,975 KEYS WELL DRILLING COMPANY Equipment Repair&Maint Water Capital 268559 19,767 WARNING LITES Contracted Striping Stormwater Capital 268274 18,825 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store 268389 17,677 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store 268223 17,308 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store 268746 17,120 MANSFIELD OIL COMPANY Motor Fuels Water Treatment 268173 17,011 BREAKTHRU BEVERAGE MINNESOTA BEER LLC Liquor Product Received Prairie View Liquor Store 268490 16,566 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store 268696 16,187 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store 268780 16,089 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store 7160 15,560 I-494 CORRIDOR COMMISSION Payroll-ExecutiveDirector 494 Corridor Commission 268346 15,313 HP INC Computers-Monitors IT Operating 7183 15,026 NCR MERCHANT SOLUTIONS Bank and Service Charges Prairie View Liquor Store 268356 15,000 LANDMARK REMODELING LLC Other Contracted Services Rehab 268525 14,644 PRAIRIEVIEW RETAIL LLC Advertising Prairie View Liquor Store 7140 14,305 NCR MERCHANT SOLUTIONS Bank and Service Charges Prairie View Liquor Store 7148 14,303 I-494 CORRIDOR COMMISSION Payroll-ExecutiveDirector 494 Corridor Commission 268725 14,201 GRAYMONT Treatment Chemicals Water Treatment 1023056 14,152 GRANICUS INC Other Contracted Services Communications 268499 14,131 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating 268433 14,024 BREAKTHRU BEVERAGE MINNESOTA WINE&SPIR Liquor Product Received Prairie Village Liquor Store 268523 14,010 PRAIRIE PARTNERS SIX LLP Waste Disposal Prairie Village Liquor Store 268311 13,968 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store 268176 13,013 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store 268736 12,860 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store 268694 12,635 BREAKTHRU BEVERAGE MINNESOTA WINE&SPIR Liquor Product Received Prairie View Liquor Store 268174 12,332 BREAKTHRU BEVERAGE MINNESOTA WINE&SPIR Liquor Product Received Prairie Village Liquor Store 268308 12,194 BREAKTHRU BEVERAGE MINNESOTA WINE&SPIR Liquor Product Received Prairie View Liquor Store 1023106 12,192 CENTERPOINT ENERGY Gas General Community Center 268760 12,107 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store 1023108 11,935 ESS BROTHERS&SONS INC Repair&Maint.Supplies Water Distribution 268258 11,720 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store 7153 11,148 FURTHER-AKA SELECT HSA-Employee Health and Benefits 7165 11,040 FURTHER-AKA SELECT HSA-Employee Health and Benefits 268284 10,951 VERIZON WIRELESS Data Plans-Police IT Operating 268458 10,730 DUNSMORE ASPHALT INC Other Contracted Services Stormwater Collection 268448 10,674 COMMERCIAL ASPHALT CO Asphalt Overlay Street Maintenance 268721 10,000 FORECAST PUBLIC ART Dues&Subscriptions General LRT 268293 9,747 ALLEN,WILLIAM Deposits Escrow 1022923 9,682 WSB&ASSOCIATES INC Design&Engineering Pleasant Hill Cemetery 268164 9,612 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store 268472 9,553 GRAYMONT Treatment Chemicals Water Treatment 268350 9,498 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store Check# Amount Supplier/Explanation Account Description Business Unit Comments 268340 9,493 GRAYMONT Treatment Chemicals Water Treatment 268212 9,439 GRAYMONT Treatment Chemicals Water Treatment 268307 9,393 BREAKTHRU BEVERAGE MINNESOTA BEER LLC Liquor Product Received Prairie View Liquor Store 268306 9,316 BOLTON&MENK INC Design&Engineering Improvement Projects 2006 268766 9,125 PROP Other Contracted Services Housing and Community Service 268536 9,089 SLAMHAMMER SOUND CO,INC Other Contracted Services July 4th Celebration 268529 9,073 QUETICA LLC Other Contracted Services Facilities Capital 1023071 8,850 REINDERS INC Chemicals Park Maintenance 268206 8,825 FIRST MINNETONKA CITY BANK Corridor Comm.Misc 494 Corridor Commission 268184 8,277 CORE&MAIN Equipment Parts Park Maintenance 7142 8,192 CARD CONNECT Bank and Service Charges Community Center Admin 268682 8,073 ALTERNATIVE BUSINESS FURNITURE INC Capital Under$25,000 FF&E-Furn,Fixtures&Equip. 1023048 8,009 BIFFS INC Waste Disposal Park Maintenance 268287 7,917 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store 7181 7,747 CARD CONNECT Bank and Service Charges Community Center Admin 268435 7,258 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store 268521 7,163 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store 1023003 6,721 2ND WIND EXERCISE Dues&Sub-Magazine etc Fire 1022966 6,715 GREENSIDE INC Contract Svcs-Asphalt/Concr. City Center-CAM 268417 6,642 AIRGAS USA LLC Contract Svcs-Pool Pool Maintenance 268742 6,568 LANO EQUIPMENT INC Equipment Parts Tree Disease 268384 6,500 RIGHTLINE DESIGN LLC Other Contracted Services Communications 268532 6,500 RIGHTLINE DESIGN LLC Other Contracted Services Communications 268342 6,282 GREEN LIGHTS RECYCLING INC Equipment Repair&Maint Water Metering 1023110 6,099 GENUINE PARTS COMPANY Operating Supplies Fleet Operating 7179 5,918 SAGE PAYMENT SOLUTIONS Bank and Service Charges Wastewater Accounting 268493 5,883 KERBER TILE,MARBLE&STONE INC Contract Svcs-Pool Pool Maintenance 1022935 5,824 INTERSTATE POWER SYSTEMS INC Equipment Repair&Maint Water Treatment 268455 5,750 DICK WHITBECK MUSIC INC Other Contracted Services July 4th Celebration 1023069 5,723 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical General Community Center 268300 5,600 AXON ENTERPRISE INC Training Supplies Police Sworn 268296 5,553 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store 268251 5,324 NORTHSTAR MUDJACKING&MORE LLC Mudjacking Curbs Drainage 1023113 5,299 HAWKINS INC Treatment Chemicals Water Treatment 1022928 5,215 CENTERPOINT ENERGY Gas Water Treatment 7173 5,065 FURTHER-AKA SELECT HRA Health and Benefits 268301 5,000 BADGER STATE INSPECTION LLC Design&Engineering Water Capital 268475 4,995 HAWK ANALYTICS INC Other Contracted Services Police Sworn 1023053 4,976 ELECTRIC PUMP Equipment Repair&Maint Wastewater Lift Station 268249 4,950 MUELLER CO Repair&Maint.Supplies Water Metering 268372 4,950 MUELLER CO Repair&Maint.Supplies Water Metering 268774 4,883 SCOTT COUNTY TREASURER Tuition Reimbursement/School Police Sworn 268305 4,869 BLACKSTONE CONTRACTORS LLC Improvements to Land General Fixed Asset Account Gr 1023128 4,811 STREICHERS Clothing&Uniforms Police Sworn 268761 4,750 PICHA GREENHOUSE Landscape Materials/Supp Park Maintenance 268790 4,747 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store 268561 4,485 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store 268418 4,434 AMERICAN ENGINEERING TESTING INC Testing Improvement Projects 2006 1023116 4,430 METRO SALES INCORPORATED* Equipment Rentals Customer Service 268345 4,422 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store Check# Amount Supplier/Explanation Account Description Business Unit Comments 268378 4,420 PHILLIPS WINE AND SPIRITS NC Liquor Product Received Prairie View Liquor Store 268382 4,388 PROP Other Contracted Services CDBG-Public Service 268395 4,350 TYLER TECHNOLOGIES INC Hardware-R&M IT Operating 268471 4,349 GRAPE BEGINNINGS Liquor Product Received Den Road Liquor Store 268402 4,340 WARNING LITES Equipment Repair&Maint Wasterwater Collection 268555 4,331 VALLEY RICH CO INC Equipment Repair&Maint Water Distribution 268481 4,200 HENNEPIN TECHNICAL COLLEGE Tuition Reimbursement/School Fire 1023098 4,142 VAN PAPER COMPANY Direct SuperValu Fitness/Conference-Cmty Ctr 268729 3,999 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store 268709 3,983 DEPT OF EMPLOYMENT/ECONOMIC DEVELOPMENT Interest Economic Development Fund 1023133 3,937 XCEL ENERGY Electric General Fund 268712 3,911 DPC INDUSTRIES INC Treatment Chemicals Water Treatment 1023004 3,894 A-SCAPE INC Contract Svcs-Lawn Maint. Building 51 268438 3,878 CEMSTONE PRODUCTS COMPANY Asphalt Overlay Street Maintenance 268167 3,827 AVR INC Asphalt Overlay Street Maintenance 1023068 3,825 PIONEER MANUFACTURING COMPANY Operating Supplies Park Maintenance 1023122 3,825 PIONEER MANUFACTURING COMPANY Operating Supplies Park Maintenance 1023023 3,780 WALL TRENDS INC Contract Svcs-General Bldg Pool Maintenance 1022927 3,731 CDW GOVERNMENT INC. Computers IT Operating 268484 3,717 IMPACT PROVEN SOLUTIONS Other Contracted Services Water Accounting 268570 3,700 CASTRO CLEANING LLC Janitor Service Utility Operations-General 268681 3,697 ALADTEC INC Software/Hardware Maint. Fire 1022934 3,692 HORIZON COMMERCIAL POOL SUPPLY Supplies-Pool Pool Maintenance 1022955 3,615 WINE COMPANY,THE Liquor Product Received Prairie View Liquor Store 1022961 3,613 BRAUN INTERTEC CORPORATION Testing EP Rd Connect to Flying Cloud 268235 3,503 MAVERICK WINE LLC Liquor Product Received Prairie View Liquor Store 268238 3,500 MESSERLI&KRAMER Messerli&Kramer 494 Corridor Commission 268500 3,500 MESSERLI&KRAMER Messerli&Kramer 494 Corridor Commission 1023054 3,434 ETHANOL PRODUCTS LLC Treatment Chemicals Water Treatment 268261 3,411 PROP Other Contracted Services CDBG-Public Service 268243 3,385 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Riley Lake 1023006 3,364 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store 268744 3,334 LEGACY GYMNASTICS Instructor Service Lesson Skills Development 1023047 3,219 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store 268288 3,200 XIGENT SOLUTIONS LLC Other Contracted Services IT Capital 268520 3,194 PAUSTIS&SONS COMPANY Liquor Product Received Den Road Liquor Store 1022925 3,177 ASPEN WASTE SYSTEMS INC. Waste Disposal Fire Station#3 268388 3,101 SIGNSOURCE Printing Arts 1023033 3,093 GREENSIDE INC Contract Svcs-Lawn Maint. City Center-CAM 1023043 3,087 YOUNGSTEDTS COLLISION CENTER Equipment Repair&Maint Fleet Operating 268169 3,084 BERNICK'S WINE Liquor Product Received Prairie View Liquor Store 268459 3,075 EARL F ANDERSEN INC Signs Park Maintenance 1022926 3,061 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store 268684 3,059 APPLIED ECOLOGICAL SERVICES INC Other Contracted Services Water Capital 268698 3,059 CENTRAL ROOFING COMPANY Improvement Contracts Water Distribution 7163 3,012 FURTHER-AKA SELECT FSA-Dependent Care Health and Benefits 268420 3,012 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store 7177 3,007 US BANK-CREDIT CARD MERCHANT ONLY Bank and Service Charges Finance 268765 3,000 POSTAGE BY PHONE RESERVE ACCOUNT Postage Customer Service 1023125 3,000 ST CROIX ENVIRONMENTAL INC OCS-Well Field Mgmt Water Supply(Wells) Check# Amount Supplier/Explanation Account Description Business Unit Comments 268450 2,994 CORE&MAIN Equipment Parts Park Maintenance 268367 2,975 MHSRC/RANGE Tuition Reimbursement/School Police Sworn 268504 2,975 MHSRC/RANGE Tuition Reimbursement/School Police Sworn 1023019 2,920 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical City Center-CAM 1023104 2,900 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store 268196 2,874 DPC INDUSTRIES INC Treatment Chemicals Water Treatment 268292 2,853 AIRGAS USA LLC Supplies-Pool Pool Maintenance 268477 2,846 HEALTHPARTNERS Employment Support Test Utility Operations-General 268371 2,831 MOR GOLF AND UTILITY INC Small Tools Park Maintenance 268278 2,800 SWEDEBRO Contract Svcs-General Bldg Fire Station#3 268473 2,755 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Concessions 268564 2,725 CENTURYLINK Fiber Lease Payments City Center-CAM 268177 2,724 CENTURYLINK Fiber Lease Payments City Center-CAM 268421 2,714 ASPEN CARPET CLEANING Janitor Service Prairie Village Liquor Store 268482 2,705 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store 268219 2,702 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store 1023026 2,679 WM MUELLER AND SONS INC Patching Asphalt Water Distribution 268423 2,650 BARTON SAND&GRAVEL CO Waste Blacktop/Concrete Community Center 268743 2,648 LEAGUE MN CITIES INS TRUST Property Insurance 494 Corridor Commission 268496 2,639 LEAGUE MN CITIES INS TRUST Insurance Property Insurance 7182 2,609 AMERICAN EXPRESS Bank and Service Charges Inspections-Administration 268685 2,545 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store 268257 2,523 PAUSTIS&SONS COMPANY Liquor Product Received Prairie View Liquor Store 268460 2,521 EDEN PRAIRIE COMMUNITY EDUCATION Gym Rental Community Band 1023111 2,503 GRAINGER Equipment Parts Arts Center 1022977 2,502 WSB&ASSOCIATES INC Design&Engineering General Fixed Asset Account Gr 7162 2,464 PFM ASSET MANAGEMENT LLC Interest Investment Fund 268497 2,429 LUBE-TECH ESI Equipment Repair&Maint Fleet Operating 268727 2,427 GYM WORKS Equipment Repair&Maint Fitness Center 268770 2,400 R&H PAINTING LLC Other Contracted Services Wasterwater Collection 7141 2,399 AMERICAN EXPRESS Bank and Service Charges Inspections-Administration 268254 2,384 OFFICE TEAM Temp 494 Corridor Commission 268470 2,377 GOPHER STATE ONE-CALL OCS-Utility Locates Water Distribution 268357 2,346 LAW ENFORCEMENT LABOR SERVICES INC. Union Dues Withheld Health and Benefits 7157 2,343 PFM ASSET MANAGEMENT LLC Interest Investment Fund 268183 2,327 CONSTRUCTION MATERIALS INC Asphalt Overlay Street Maintenance 268719 2,291 FIRE SAFETY USA INC Small Tools Fire 1022913 2,288 MPX GROUP,THE Printing Senior Center Admin 268323 2,259 CORE&MAIN Equipment Parts Stormwater Collection 1022976 2,216 VINOCOPIA Liquor Product Received Prairie View Liquor Store 268754 2,202 NAC Other Contracted Services Fire Station#2 268519 2,202 PARK NICOLLET CLINIC Health&Fitness Fire 268373 2,198 NORTHLAND PETROLEUM SERVICE INC Equipment Repair&Maint Fleet Operating 268162 2,180 ADVANTAGE PROPERTY MAINTENANCE INC Other Contracted Services Park Maintenance 1023007 2,178 CENTERPOINT ENERGY Gas Den Road Liquor Store 268377 2,174 PAUSTIS&SONS COMPANY Liquor Product Received Prairie View Liquor Store 268245 2,150 MN MECHANICAL SOLUTIONS INC Equipment Repair&Maint Water Treatment 268769 2,131 QUETICA LLC Design&Engineering Water Distribution 268343 2,091 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Board of Prisoner Police Sworn 268299 2,037 AVR INC Asphalt Overlay Stormwater Collection Check# Amount Supplier/Explanation Account Description Business Unit Comments 268379 1,998 PINE PRODUCTS INC Landscape Materials/Supp Park Maintenance 268731 1,992 HYDROCORP Other Contracted Services Utility Operations-General 268393 1,970 THE ADVENT GROUP Temp 494 Corridor Commission 268427 1,950 BERNICK'S WINE Liquor Product Received Den Road Liquor Store 268434 1,945 BTR OF MINNESOTA Equipment Parts Fleet Operating 268297 1,935 ARVIG Fiber Lease Payments IT Operating 268452 1,935 COUNTY MATERIALS CORPORATION Equipment Parts Stormwater Collection 268526 1,907 PRESCRIPTION LANDSCAPE Other Contracted Services Street Maintenance 268259 1,900 PRAIRIE RESTORATIONS INC Other Contracted Services Park Maintenance 1022975 1,837 VAN PAPER COMPANY Cleaning Supplies Park Shelters 1023115 1,802 METRO ELEVATOR INC Contract Svcs-Elevator City Center-CAM 268331 1,800 DSO ARCHITECTURE INC Other Contracted Services General Fixed Asset Account Gr 268494 1,794 KODIAK CUSTOM LETTERING INC Clothing&Uniforms July 4th Celebration 1022920 1,783 VAN PAPER COMPANY Cleaning Supplies Park Shelters 268718 1,730 ERICKSON ENGINEERING COMPANY LLC Design&Engineering Engineering 268747 1,700 MHSRC/RANGE Tuition Reimbursement/School Police Sworn 268195 1,679 DOMACE VINO Liquor Product Received Prairie View Liquor Store 268338 1,663 FIRE SAFETY USA INC Repair&Maint.Supplies Fleet Operating 268168 1,650 AXON ENTERPRISE INC Training Supplies Police Sworn 268563 1,650 ANDERSON TIMOTHY Other Contracted Services Summer Theatre 1023102 1,649 ADVANCED ENGINEERING&ENVIRONMENTAL SE Equipment Repair&Maint Water Treatment 1023132 1,630 WINE COMPANY,THE Liquor Product Received Prairie View Liquor Store 268714 1,620 EAU CLAIRE BREWING PROJECT THE LLC Liquor Product Received Prairie View Liquor Store 1023124 1,610 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical Maintenance Facility 268707 1,605 CORE&MAIN Equipment Parts Stormwater Collection 268360 1,598 LUBE-TECH ESI Equipment Repair&Maint Fleet Operating 1023078 1,595 WINE COMPANY,THE Liquor Product Received Den Road Liquor Store 268336 1,572 EMERGENCY AUTOMOTIVE TECHNOLOGY INC Autos General Fixed Asset Account Gr 1022956 1,565 WM MUELLER AND SONS INC Gravel Stormwater Collection 1023055 1,563 GRAINGER Cleaning Supplies Ice Arena Maintenance 268374 1,557 NORTHSTAR MUDJACKING&MORE LLC Mudjacking Curbs Drainage 1023020 1,552 RENDERS INC Landscape Materials/Supp Park Maintenance 7151 1,551 FURTHER-AKA SELECT FSA-Medical Health and Benefits 268313 1,551 CEMSTONE PRODUCTS COMPANY Asphalt Overlay Street Maintenance 268268 1,550 SHADYWOOD TREE EXPERTS INC Other Contracted Services Tree Removal 268751 1,544 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Customer Service 268568 1,500 WARHOL,MELISSA Other Contracted Services Summer Theatre 268763 1,500 PLAY-WELL TEKNOLOGIES Instructor Service Camps 268366 1,499 METRO STUMP GRINDING Other Contracted Services Tree Removal 1023109 1,499 FACTORY MOTOR PARTS COMPANY Small Tools Fleet Operating 268231 1,490 MACPHAIL CENTER FOR MUSIC Other Contracted Services New Adaptive 268513 1,480 NAC Contract Svcs-HVAC Arts Center 268397 1,469 ULTIMATE EVENTS,INC Other Rentals July 4th Celebration 268783 1,465 STERLING FENCE INC Contract Svcs-General Bldg Fire Station#2 1022963 1,426 CASE,RON Conference/Training City Council 268552 1,418 UNITED STATES POSTAL SERVICE Miscellaneous Parks Administration 268697 1,410 CEMSTONE PRODUCTS COMPANY Asphalt Overlay Street Maintenance 268701 1,406 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store 268221 1,400 ICMA Dues&Subscriptions Administration 1023088 1,398 HACH COMPANY Laboratory Chemicals Water Treatment Check# Amount Supplier/Explanation Account Description Business Unit Comments 1023040 1,385 VAN PAPER COMPANY Cleaning Supplies Police(City Cost) 268211 1,378 GRAPE BEGINNINGS Liquor Product Received Prairie Village Liquor Store 1023046 1,372 ASPEN WASTE SYSTEMS INC. Waste Disposal General Community Center 1023025 1,369 WINE COMPANY,THE Liquor Product Received Prairie View Liquor Store 268364 1,350 MCCANN,SHAWN DANIEL Other Contracted Services July 4th Celebration 1022901 1,347 ADAMS PEST CONTROL INC Contract Svcs-Pest Control Historical Buildings 268178 1,346 CENTURYLINK Internet IT Operating 268407 1,339 YORKTOWN OFFICES Rent 494 Corridor Commission 1023100 1,337 WENCK ASSOCIATES INC OCS-Monitoring Stormwater Non-Capital 268550 1,337 TWIN CITIES DOTS AND POP LLC Merchandise for Resale Concessions 7171 1,331 FIDELITY SECURITY LIFE INSURANCE CO Vision Plan Health and Benefits 1023099 1,322 VINOCOPIA Liquor Product Received Prairie View Liquor Store 268722 1,321 GALLS LLC Clothing&Uniforms Police Sworn 268349 1,285 J H LARSON COMPANY Supplies-Electrical Miller Park 1023010 1,284 HORIZON COMMERCIAL POOL SUPPLY Repair&Maint.Supplies Pool Maintenance 268690 1,264 BERNICK'S WINE Liquor Product Received Prairie Village Liquor Store 268463 1,250 EDINA,CITY OF Other Contracted Services Communications 1022915 1,240 RANDY'S ENVIRONMENTAL SERVICES Waste Disposal City Center-CAM 1022943 1,212 NEW FRANCE WINE COMPANY Liquor Product Received Prairie View Liquor Store 268553 1,200 UNITED STATES POSTAL SERVICE Postage Planning 268303 1,197 BERNICK'S WINE Liquor Product Received Prairie Village Liquor Store 268717 1,164 EHLERS&ASSOCIATES INC Deposits Escrow 268788 1,150 VERSATILE VEHICLES INC Other Contracted Services July 4th Celebration 7159 1,138 FURTHER-AKA SELECT Other Contracted Services Health and Benefits 1023091 1,130 MIDWEST OVERHEAD CRANE Equipment Repair&Maint Utility Operations-General 268440 1,100 CHURCH OF CASH Other Contracted Services July 4th Celebration 268352 1,095 JOHNSON LITHO GRAPHICS OF EAU CLAIRE LTD Printing Staring Lake Concert 268333 1,092 EAU CLAIRE BREWING PROJECT THE LLC Liquor Product Received Prairie View Liquor Store 268163 1,083 ANDERSON TIMOTHY Operating Supplies Summer Theatre 1023087 1,065 GREENSIDE INC Contract Svcs-Lawn Maint. City Center-CAM 1022941 1,046 MINNESOTA EQUIPMENT Equipment Parts Fleet Operating 268781 1,040 STAPLES ADVANTAGE Office Supplies Customer Service 268362 1,039 MACQUEEN EQUIPMENT INC Equipment Parts Wasterwater Collection 1022944 1,032 PETERSON BROS ROOFING AND CONSTRUCTION I Contract Svcs-Roof Fire Station#1 268317 1,024 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie Village Liquor Store 1022936 1,016 JASPER ENGINEERING&EQUIPMENT COMPANY Equipment Parts Water Treatment 1023067 1,004 PETERSON BROS ROOFING AND CONSTRUCTION I Contract Svcs-Roof Fire Station#1 268208 1,003 FLYING CLOUD TRANSFER STATION 4553 Waste Disposal Park Maintenance 268443 1,000 CLIFTONLARSONALLEN LLP Audit&Financial Finance 268549 1,000 TRIVIA MAFIA Other Contracted Services July 4th Celebration 268487 980 INTERNATIONAL UNION OF OPERATING Union Dues Withheld Health and Benefits 268733 980 INTERNATIONAL UNION OF OPERATING Union Dues Withheld Health and Benefits 7161 970 FURTHER-AKA SELECT FSA-Dependent Care Health and Benefits 268166 966 AT YOUTH PROGRAMS LLC Instructor Service Tennis 1023123 963 POMP'S TIRE SERVICE INC Tires Fleet Operating 1022947 961 SHERWIN WILLIAMS CO Repair&Maint.Supplies Park Acquisition&Development 268691 942 BEYOND THIS DAY Deposits Escrow 1022921 923 VINOCOPIA Liquor Product Received Prairie View Liquor Store 1023041 921 VINOCOPIA Liquor Product Received Den Road Liquor Store 1023119 918 MULCAHY COMPANY INC Supplies-HVAC City Center-CAM Check# Amount Supplier/Explanation Account Description Business Unit Comments 268565 917 KENT MEGHAN Clothing&Uniforms Summer Theatre 268771 909 READY WATT ELECTRIC Equipment Repair&Maint Emergency Management 268256 908 OLSEN'S EMBROIDERY/COMPANY Clothing&Uniforms Utility Operations-General 268222 904 INDEED BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store 7175 900 FURTHER-AKA SELECT FSA-Dependent Care Health and Benefits 268702 900 CLIMB THEATRE Instructor Service Safety Camp 268271 899 SIGNSOURCE Signs Capital Outlay Parks 268324 899 COURT SURFACES&REPAIR Outside Water Sales Escrow 268773 894 ROTO ROOTER SERVICES COMPANY Contract Svcs-HVAC Ice Arena Maintenance 1023093 894 ROTO-ROOTER Contract Svcs-Plumbing Fire Station#1 268411 893 PETTY CASH Mileage&Parking Human Resources 1023095 891 SITEONE LANDSCAPE SUPPLY,LLC Operating Supplies Park Maintenance 268260 888 PRINT SOURCE MINNESOTA Printing Fitness Admin. 268422 886 AVR INC Asphalt Overlay Street Maintenance 1022946 883 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical Water Treatment 1023121 882 PARLEY LAKE WINERY Liquor Product Received Prairie View Liquor Store 268328 863 DAVANNI'S PIZZA Merchandise for Resale Concessions 268547 860 THE ADVENT GROUP Temp 494 Corridor Commission 268394 860 TWIN CITIES DOTS AND POP LLC Merchandise for Resale Concessions 268724 858 GRAPE BEGINNINGS Liquor Product Received Den Road Liquor Store 268228 857 LIONS SHARE MANAGEMENT Outside Water Sales Escrow 268347 855 INBOUND BREW CO Liquor Product Received Prairie View Liquor Store 1023042 855 WENCK ASSOCIATES INC Other Contracted Services Stormwater Non-Capital 268732 855 INDEED BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 1023009 851 GRAINGER Supplies-General Bldg General Community Center 268479 849 HENNEPIN COUNTY UT DEPT Software Maintenance Public Safety Communications 268758 835 PAUSTIS&SONS COMPANY Liquor Product Received Prairie View Liquor Store 1023073 830 STREICHERS Training Supplies Volunteers 268181 826 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store 1023017 817 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 268723 815 GERTENS Landscape Materials/Supp Purgatory Creek Park 268368 805 MINNESOTA FIRE SERVICE CERTIFICATION BOA Dues&Sub-Cert&Licensing Fire 268567 800 SEELING,LYNN A Other Contracted Services Summer Theatre 268741 798 KODIAK CUSTOM LETTERING INC Clothing&Uniforms July 4th Celebration 268711 787 DOMACE VINO Liquor Product Received Den Road Liquor Store 268572 781 BODENNER ZACHARY Deposits Escrow 268279 774 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions 7155 763 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Operating 268376 747 PARK NICOLLET CLINIC Employment Support Test Organizational Services 268193 721 DISPLAY SALES Operating Supplies Purgatory Creek Park 268544 708 STEEL TOE BREWING LLC Liquor Product Received Den Road Liquor Store 268224 703 JOHN HENRY FOSTER MINNESOTA INC Maintenance Contracts Water Treatment 268227 702 KODIAK CUSTOM LETTERING INC Clothing&Uniforms Park Facilities 268190 700 DIETHELM,TAMMY L Other Contracted Services Pleasant Hill Cemetery 268229 694 LUPULIN BREWING COMPANY Liquor Product Received Prairie View Liquor Store 268392 690 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions 1022954 688 WATSON CO INC,THE Merchandise for Resale Concessions 268695 683 BROTHERS FIRE PROTECTION Contract Svcs-Fire/Life/Safe City Center-CAM 268784 681 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions 268485 671 INBOUND BREW CO Liquor Product Received Den Road Liquor Store Check# Amount Supplier/Explanation Account Description Business Unit Comments 268522 667 POPE DOUGLAS SOLID WASTE MANAGEMENT Other Contracted Services Police Sworn 268281 650 THE ADVENT GROUP Temp 494 Corridor Commission 268508 650 MINNESOTA STATE FIRE CHIEFS ASSN Conference/Training Fire 1022953 647 VISTAR CORPORATION Merchandise for Resale Concessions 268203 640 ERGOMETRICS Training Supplies Organizational Services 268757 638 OLYMPIC HOMESTEAD,LLC AR Utility Water Enterprise Fund 268692 636 BLACK STACK BREWING INC Liquor Product Received Prairie View Liquor Store 1023005 636 ASPEN WASTE SYSTEMS INC. Waste Disposal Utility Operations-General 268753 634 MODIST BREWING COMPANY Liquor Product Received Prairie View Liquor Store 268587 632 BONDARENKO ALEKSANDR AR Utility Water Enterprise Fund 1022945 630 PITNEY BOWES Office Supplies Customer Service 268240 625 MIDWEST PLAYGROUND CONTRACTORS INC Other Contracted Services Round Lake 268380 625 PINSVILLE Office Supplies City Council 268507 625 MINNESOTA FIRE SERVICE CERTIFICATION BOA Dues&Sub-Cert&Licensing Fire 268777 624 SMALL LOT MN Liquor Product Received Den Road Liquor Store 268515 619 NELSON BROOKE Operating Supplies Summer Theatre 268457 610 DOMACE VINO Liquor Product Received Prairie View Liquor Store 268233 608 MARCO INC Telephone IT Operating 268370 603 MODIST BREWING COMPANY Liquor Product Received Den Road Liquor Store 268383 600 RAMIREZ STEVEN Other Contracted Services Summer Theatre 268566 600 NELSON BROOKE Other Contracted Services Summer Theatre 268558 595 VETERAN SHREDDING Special Event Fees Senior Center Programs 1023022 595 TWIN CITY HARDWARE Contract Svcs-Pool Pool Maintenance 268518 592 OXYGEN SERVICE COMPANY EMS Supplies-Oxygen Supplies Fire 268236 584 MEDICINE LAKE TOURS Special Event Fees Trips 268534 583 SCHAEFCO DEVELOPMENT LLC Reimbursement Escrow 7167 581 ULTIMATE SOFTWARE GROUP,THE Garnishment Withheld Health and Benefits 268546 576 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions 268557 575 VERLEY,TARYN Other Contracted Services Theatre Initiative 268266 570 RUMPCA CO INC Landscape Materials/Supp Park Maintenance 7164 570 I-494 CORRIDOR COMMISSION Payroll-Marketing 494 Corridor Commission 268339 564 FLEET MAINTENANCE INC Equipment Repair&Maint Fleet Operating 268381 560 PRAIRIE RESTORATIONS INC Equipment Repair&Maint Water Supply(Wells) 268425 556 BEN&JERRY'S Incentives 494 Corridor Commission 268310 555 BTR OF MINNESOTA Equipment Parts Fleet Operating 268404 553 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store 268344 550 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Other Contracted Services Rehab 1022903 547 BLOOMINGTON SECURITY SOLUTIONS Building Repair&Maint. Water Supply(Wells) 1023094 542 SHAMROCK GROUP,INC-ACE ICE Liquor Product Received Den Road Liquor Store 268524 540 PRAIRIE RESTORATIONS INC Other Contracted Services Park Maintenance 1023117 539 METROPOLITAN MECHANICAL CONTRACTORS Contract Svcs-HVAC Fitness/Conference-Cmty Ctr 268171 536 BOUND TREE MEDICAL LLC EMS Supplies-Oxygen Supplies Fire 1023097 534 THE OASIS GROUP Employee Assistance Organizational Services 1022908 532 FASTENAL COMPANY Equipment Parts Park Maintenance 268387 521 SHAKOPEE BREWHALL Liquor Product Received Prairie View Liquor Store 268749 520 MINNESOTA DEPARTMENT OF NATURAL RESOURCE Other Rentals Park Maintenance 1022939 515 MENARDS Equipment Repair&Maint Street Maintenance 1022940 515 METRO SALES INCORPORATED* Equipment Rentals Utility Operations-General 1022942 514 MINNESOTA ROADWAYS CO Patching Asphalt Street Maintenance 268267 509 SAINT CROIX VINEYARDS,INC. Liquor Product Received Den Road Liquor Store Check# Amount Supplier/Explanation Account Description Business Unit Comments 268341 508 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Den Road Liquor Store 268200 500 EDEN PRAIRIE COMMUNITY CENTER Petty Cash&Change Funds General Fund 268386 500 SERVICEMASTER COMMERCIAL SYSTEMS Contract Svcs-Garden Rm/Caf. Garden Room Repairs 268750 500 MINNESOTA DEPARTMENT OF REVENUE Conference/Training Assessing 268270 497 SIGNSOURCE Printing Summer Theatre 1022965 484 FASTENAL COMPANY Equipment Parts Fleet Operating 268391 480 SUBURBAN CHEVROLET Equipment Repair&Maint Fleet Operating 268204 480 F I R E Tuition Reimb-College Core Fire 268416 478 ABLE SEEDHOUSE AND BREWERY Liquor Product Received Prairie View Liquor Store 1022912 476 MINNESOTA CLAY CO.USA Operating Supplies Arts Center 7180 472 SAGE PAYMENT SOLUTIONS Bank and Service Charges Wastewater Accounting 1023012 470 INTERSTATE POWER SYSTEMS INC Equipment Repair&Maint Wastewater Lift Station 268265 468 ROCK HARD LANDSCAPE Landscape Materials/Supp Street Maintenance 1023063 468 MENARDS Signs Ice Arena Maintenance 268276 468 STAPLES ADVANTAGE Office Supplies Customer Service 268730 464 HOME DEPOT CREDIT SERVICES Supplies-General Bldg Fitness/Conference-Cmty Ctr 1023031 464 FASTENAL COMPANY Equipment Parts Fleet Operating 268170 456 BLACK STACK BREWING INC Liquor Product Received Prairie View Liquor Store 7139 455 PMA FINANCIAL NETWORK INC Bank and Service Charges Wastewater Accounting 268505 450 MIA DORRS PREMIER ENTERTAINMENT Other Contracted Services July 4th Celebration 268569 449 PETTY CASH-POLICE DEPT Operating Supplies Police Sworn 268412 446 M-R SIGN CO INC Signs Traffic Signs 268683 440 AMAZING ATHLETES OF CENTRAL MN Instructor Service Preschool Events 268405 438 WORKS COMPUTING INC Other Contracted Services IT Operating 1023029 436 CLAREY'S SAFETY EQUIPMENT Safety Supplies Park Maintenance 268194 431 DODGE OF BURNSVILLE Equipment Parts Fleet Operating 1023101 428 WILSON,JOHN D. Clothing&Uniforms Police Sworn 1023044 427 AMERITRAK Other Contracted Services Snow&Ice Control 1022960 427 BLOOMINGTON SECURITY SOLUTIONS Operating Supplies Water Treatment 268478 425 HENNEPIN COUNTY FIRE CHIEF ASSOCIATION Conference/Training Fire 268779 425 SOUNDS GREAT&SPECIAL SOUNDS INC Other Contracted Services Safety Camp 1022973 423 SHAMROCK GROUP,INC-ACE ICE Liquor Product Received Prairie View Liquor Store 268262 423 PRYES BREWING COMPANY Liquor Product Received Den Road Liquor Store 268792 417 UNITED STATES TREASURY Health Insurance Health and Benefits 268348 416 INDEED BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store 268439 416 CENTURYLINK Internet E-911 Program 268248 410 MUEHLBAUER,THOMAS G Other Contracted Services Community Band 1022974 406 SITEONE LANDSCAPE SUPPLY,LLC Repair&Maint.Supplies Park Maintenance 1023038 404 SHAMROCK GROUP,INC-ACE ICE Liquor Product Received Den Road Liquor Store 268210 400 GALLS LLC Clothing&Uniforms Police Sworn 1023064 398 MINNESOTA EQUIPMENT Equipment Parts Street Maintenance 1023024 394 WATSON CO INC,THE Merchandise for Resale Concessions 268436 389 CAPREF EDEN PRAIRIE LLC Building Rental Housing and Community Service 1022907 388 CHEMSEARCH Contract Svcs-Ice Rink Ice Arena Maintenance 268768 385 PRYES BREWING COMPANY Liquor Product Received Den Road Liquor Store 1023016 385 METRO SALES INCORPORATED* Printers IT Operating 268451 380 CORPORATE TECHNOLOGIES Computers 494 Corridor Commission 268335 375 EDEN PRAIRIE CHAMBER OF COMMERCE Miscellaneous City Council 268511 372 MN HARVEST LLC Liquor Product Received Den Road Liquor Store 268584 367 BLOOM MIKE AR Utility Water Enterprise Fund Check# Amount Supplier/Explanation Account Description Business Unit Comments 268247 363 MONROE,MICHAEL Other Contracted Services Arts in the Park 268540 361 SOUTHWEST NEWS MEDIA Legal Notices Publishing City Clerk 268498 360 LUPULIN BREWING COMPANY Liquor Product Received Den Road Liquor Store 268255 355 OLSEN CHAIN&CABLE Clothing&Uniforms Utility Operations-General 268605 355 EDINA REALTY TITLE AR Utility Water Enterprise Fund 1023015 352 MENARDS Operating Supplies Park Maintenance 1022937 351 LEROY JOB TRUCKING INC Other Contracted Services Police Sworn 268275 350 SOUTHWEST CHRISTIAN HIGH SCHOOL Building Rental Summer Theatre 1022909 345 GREATAMERICA FINANCIAL SVCS Postage Customer Service 268314 344 CENTURYLINK Telephone IT Operating 268739 340 KAISER,DAVID S Equipment Repair&Maint Fitness Center 268680 338 ABLE SEEDHOUSE AND BREWERY Liquor Product Received Prairie View Liquor Store 268246 337 MODIST BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 268179 336 CHANKASKA CREEK RANCH&WINERY,LLC Liquor Product Received Den Road Liquor Store 1022959 336 BERRY COFFEE COMPANY Merchandise for Resale Concessions 1022958 328 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Wine Club/Events 268442 328 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store 1023059 328 HORIZON COMMERCIAL POOL SUPPLY Supplies-Pool Pool Maintenance 1022922 326 WEBER,GREG Conference/Training Police Sworn 268213 325 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Den Road Liquor Store 268189 324 DEPARTMENT OF HUMAN SERVICES Other Contracted Services Park Maintenance 268528 318 PRYES BREWING COMPANY Liquor Product Received Prairie View Liquor Store 268486 307 INDEED BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 1023114 302 MENARDS Small Tools Park Maintenance 268157 300 WASHINGTON COUNTY COURT ADMIN Deposits Escrow 268501 300 METRO DINING CLUB Deposits Escrow 268560 300 WASHINGTON COUNTY COURT ADMIN Deposits Escrow 7156 299 VANCO SERVICES Bank and Service Charges Wastewater Accounting 268264 297 RETROFIT COMPANIES,INC,THE Supplies-Electrical General Community Center 1023120 294 NORCOSTCO Other Rentals Summer Theatre 7158 294 US BANK-PAYMODE Bank and Service Charges Finance 268483 293 HOUSEAL LAVIGNE ASSOCIATES Other Contracted Services Planning 268517 292 OLSEN CHAIN&CABLE Operating Supplies Park Maintenance 1022957 290 ADAMS PEST CONTROL INC Contract Svcs-Pest Control General Community Center 268355 289 LAKE COUNTRY DOOR LLC Equipment Repair&Maint Fleet Operating 268312 288 CARLOS CREEK WINERY Liquor Product Received Den Road Liquor Store 268277 283 SUMMIT COMMERCIAL FACILITIES GROUP Contract Svcs-Garden Rm/Ca£ Garden Room Repairs 1023084 283 CLAREY'S SAFETY EQUIPMENT Safety Supplies Fleet Operating 1022929 280 CITI-CARGO&STORAGE CO,INC Other Rentals Summer Theatre 268172 280 BOURGET IMPORTS Liquor Product Received Prairie Village Liquor Store 268185 278 COUTTS ANDREW AR Utility Water Enterprise Fund 268180 275 CITY OF SAINT PAUL Tuition Reimbursement/School Police Sworn 1022932 275 GRAFIX SHOPPE Autos General Fixed Asset Account Gr 268298 271 ASPEN MILLS Clothing&Uniforms Fire 268466 271 ENKI BREWING COMPANY INC Liquor Product Received Den Road Liquor Store 268330 269 DOMACE VINO Liquor Product Received Prairie View Liquor Store 268574 266 ALMS STEPHEN AR Utility Water Enterprise Fund 1023037 260 ROSE,ALECIA Employee Award Organizational Services 1023080 259 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Den Road Liquor Store 1022911 255 METROPOLITAN FORD Equipment Parts Fleet Operating Check# Amount Supplier/Explanation Account Description Business Unit Comments 1023105 254 CDW GOVERNMENT INC. Hardware-R&M IT Operating 268385 254 SAINT CROIX VINEYARDS,INC. Liquor Product Received Prairie Village Liquor Store 268165 252 ASPEN MILLS Clothing&Uniforms Fire 268327 252 DALCO Janitor Service City Center-CAM 268545 252 SUMMIT COMPANIES Contract Svcs-Fire/Life/Safe Fire Station#1 268244 250 MISS MYRA&THE MOONSHINERS Other Contracted Services Arts in the Park 268280 250 TEDDY BEAR BAND Other Contracted Services Arts in the Park 1023076 250 WALL TRENDS INC Contract Svcs-General Bldg Police(City Cost) 268464 245 EHLERS&ASSOCIATES INC Deposits Escrow 268748 245 MINNESOTA AIR INC Supplies-HVAC Dunn Brothers 268623 244 KANE VICTORIA AR Utility Water Enterprise Fund 268361 241 LUPULIN BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 1022933 237 GRAINGER Equipment Repair&Maint Water Metering 268316 237 CINTAS CORPORATION Safety Supplies Community Center Admin 1023077 236 WATSON CO INC,THE Merchandise for Resale Concessions 268191 232 DIRECTV Cable TV Community Center Admin 268209 231 FOUNDATION FOR EP SCHOOLS P&R Refunds Community Center Admin 1023131 230 WATSON CO INC,THE Merchandise for Resale Concessions 1022917 226 SHAMROCK GROUP,INC-ACE ICE Liquor Product Received Prairie Village Liquor Store 268201 225 EDEN PRAIRIE ROTARY CLUB Dues&Subscriptions Administration 268237 224 MEREDITH KATE Outreach Mileage/Parking 494 Corridor Commission 268453 221 CUB FOODS EDEN PRAIRIE Operating Supplies Volunteers 268202 221 ENKI BREWING COMPANY INC Liquor Product Received Prairie Village Liquor Store 268315 220 CHRIS CASTLE INC Phone/Data/Web 494 Corridor Commission 1023058 215 HANSEN THORP PELLINEN OLSON Other Contracted Services Capital Maint.&Reinvestment 1023036 211 QUALITY PROPANE Equipment Parts Ice Arena Maintenance 1023034 210 MINNESOTA NATIVE LANDSCAPES Maintenance Contracts Stormwater Non-Capital 1022902 209 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Prairie View Liquor Store 1022918 205 SITEONE LANDSCAPE SUPPLY,LLC Repair&Maint. Supplies Homeward Hills Park 268776 204 SIGNSOURCE Printing Staring Lake Concert 1023028 204 BERRY COFFEE COMPANY Merchandise for Resale Concessions 268647 203 OPEN DOOR LABS INC C/O ACCOUNTS PAYABLE AR Utility Water Enterprise Fund 7144 201 ULTIMATE SOFTWARE GROUP,THE Garnishment Withheld Health and Benefits 1023096 200 TESSMAN SEED CO Chemicals Park Maintenance 1022967 200 GREGOIRE,DAVID Other Contracted Services Communications 268662 199 ST JAMES PLACE AR Utility Water Enterprise Fund 268548 196 TRANSUNION RISK&ALTERNATIVE DATA Other Contracted Services Police Sworn 268415 195 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 268406 193 PRINCIPAL FINANCIAL GROUP Payroll-ExecutiveDirector 494 Corridor Commission 268413 190 3CMA Awards Communications 268319 190 COMCAST Internet IT Operating 1023085 189 CONCRETE CUTTING AND CORING Equipment Parts Water Distribution 7150 187 OPTUM HEALTH Other Contracted Services Health and Benefits 268218 182 HENNEPIN COUNTY TREASURER PUBLIC WORKS Waste Disposal Park Maintenance 268688 181 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating 268159 180 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 268492 180 KENDELL DOORS&HARDWARE INC Contract Svcs-Ice Rink Ice Arena Maintenance 268263 179 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Den Road Liquor Store 268369 177 MN DEPT OF TRANSPORTATION Testing Traffic Signals 268220 175 HOPKINS,CITY OF Tuition Reimbursement/School Fire Check# Amount Supplier/Explanation Account Description Business Unit Comments 268216 173 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Board of Prisoner Police Sworn 268272 173 SMALL LOT MN Liquor Product Received Prairie Village Liquor Store 1023070 170 PREMIUM WATERS NC Operating Supplies-Water Fire 268363 170 MAVERICK WINE LLC Liquor Product Received Den Road Liquor Store 268197 168 DRIVER AND VEHICLE SERVICES Operating Supplies Police Sworn 1022914 168 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 268633 166 MAND PARAMJIT AR Utility Water Enterprise Fund 1023011 165 IDENTISYS Printers-Accessories IT Operating 268252 164 O'CONNOR KATIE Mileage&Parking Administration 268431 164 BOURGET IMPORTS Liquor Product Received Prairie View Liquor Store 268641 163 MULDER JOHN AR Utility Water Enterprise Fund 268441 163 CITIES MANAGEMENT Equipment Repair&Maint Water Metering 1022949 162 SPRINT Cell Phones 494 Corridor Commission 1023107 162 EDEN PRAIRIE FIREFIGHTER'S RELIEF ASSOC Union Dues Withheld Health and Benefits 1022951 162 STREICHERS Clothing&Uniforms Police Sworn 1022916 162 SCHULZE,CARTER Mileage&Parking Engineering 1022962 161 CARLSTON,BRANDON Clothing&Uniforms Police Sworn 268720 160 FLECK JAMIE Operating Supplies Outdoor Center 268401 160 VERIZON WIRELESS Other Contracted Services Park Maintenance 268337 160 ESTRINE,ROBERT Other Contracted Services Community Band 268495 160 KORUS,MICHAEL Clothing&Uniforms Volunteers 268700 160 CHANKASKA CREEK RANCH&WINERY,LLC Liquor Product Received Den Road Liquor Store 268706 159 COOK MICHELLE Operating Supplies Outdoor Center 1023065 159 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 1022906 159 BUSINESS ESSENTIALS Office Supplies Utility Operations-General 1023035 158 MPX GROUP,THE Printing Police Sworn 268678 158 56 BREWING LLC Liquor Product Received Den Road Liquor Store 268610 156 FUGLESTEN LARRY AR Utility Water Enterprise Fund 1023021 155 STREICHERS Clothing&Uniforms Police Sworn 268480 155 HENNEPIN COUNTY TREASURER Software Maintenance IT Operating 268322 154 COMMERCIAL RECREATION SPECIALISTS Operating Supplies Pool Operations 1023052 154 EDEN PRAIRIE FIREFIGHTER'S RELIEF ASSOC Union Dues Withheld Health and Benefits 268782 153 STEEL TOE BREWING LLC Liquor Product Received Den Road Liquor Store 268465 151 EMBROIDME EMS Supplies-EMS Supplies Fire 1023072 150 STERICYCLE INC Other Contracted Services Police Sworn 268353 150 JOHNSON RAYMOND L Special Event Fees Senior Board 268506 150 MINNESOTA DEPARTMENT OF NATURAL RESOURCE Licenses,Taxes,Fees Stormwater Capital 268603 150 DOTY BILL AR Utility Water Enterprise Fund 1023075 150 USA SECURITY Maintenance Contracts Water Treatment 1023127 150 STAR TRIBUNE MEDIA COMPANY LLC Miscellaneous Communications 268735 149 J H LARSON COMPANY Operating Supplies Park Maintenance 268637 147 MICHAELSON WILLIAM AR Utility Water Enterprise Fund 268713 146 E A SWEEN COMPANY Merchandise for Resale Concessions 268676 145 WIMMER TRENT AR Utility Water Enterprise Fund 268437 144 CARLOS CREEK WINERY Liquor Product Received Den Road Liquor Store 268232 141 MACQUEEN EQUIPMENT INC Equipment Parts Fleet Operating 268230 140 M&A EXECUTIVE SEARCH LLC Conference/Training Fire 268668 138 THYKEN MIKE AR Utility Water Enterprise Fund 268375 138 OXYGEN SERVICE COMPANY EMS Supplies-Oxygen Supplies Fire 268608 137 FETTER GREG AR Utility Water Enterprise Fund Check# Amount Supplier/Explanation Account Description Business Unit Comments 268192 136 DISCOUNT STEEL INC Equipment Parts Fleet Operating 268332 136 E A SWEEN COMPANY Merchandise for Resale Concessions 268160 135 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 268512 135 MR CUTTING EDGE Contract Svcs-Ice Rink Ice Arena Maintenance 268699 135 CENTURYLINK Telephone IT Operating 268772 135 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Prairie Village Liquor Store 268589 134 BOOTHBY ROBERT AR Utility Water Enterprise Fund 268198 134 E A SWEEN COMPANY Merchandise for Resale Concessions 268449 133 COMMUNITY HEALTH CHARITIES OF MINNESOTA Charitable Contributions Health and Benefits 268704 133 COMMUNITY HEALTH CHARITIES OF MINNESOTA Charitable Contributions Health and Benefits 268756 132 OLSEN CHAIN&CABLE Small Tools Wasterwater Collection 268745 131 LIBBE CATHERINE AR Utility Water Enterprise Fund 268762 131 PLANT&FLANGED EQUIPMENT Improvements to Land Park Acquisition&Development 268430 130 BORJESSON,TERESA P&R Refunds Community Center Admin 1023092 128 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 1023060 127 IDENTISYS Printers-Accessories IT Operating 1022972 125 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 268627 122 LINK DAVE AR Utility Water Enterprise Fund 1023049 121 BOBBY&STEVE'S AUTO WORLD EDEN PRAIRIE Equipment Repair&Maint Police Sworn 268705 120 CONQUER EDEN PRAIRIE Instructor Service Lesson Skills Development 268787 120 VERIZON WIRELESS Telephone E-911 Program 268677 120 XU BUYE AR Utility Water Enterprise Fund 268619 119 IYER VENKATARAMAN AR Utility Water Enterprise Fund 268710 118 DODGE OF BURNSVILLE Equipment Parts Fleet Operating 268403 118 WAYTEK INC Equipment Parts Fleet Operating 268309 118 BROWN,PHILIP P&R Refunds Community Center Admin 1023008 113 GINA MARIAS INC Operating Supplies Volunteers 268286 113 WILD ONES PRAIRIE EDGE P&R Refunds Community Center Admin 1022964 112 EICHMAN NATHAN Clothing&Uniforms Police Sworn 268527 112 PROP-PR Charitable Contributions Health and Benefits 268767 112 PROP-PR Charitable Contributions Health and Benefits 268764 110 POFERL,CHRISTOPHER Tuition Reimbursement/School Fitness Classes 1023032 110 GEIS,ROB Clothing&Uniforms Police Sworn 268253 109 OFFICE OF MN IT SERVICES Other Contracted Services Police Sworn 268687 109 BACAL,AGNIESZKA Operating Supplies Outdoor Center 268488 109 IPMA-HR Dues&Subscriptions Human Resources 268215 109 HENGEL,PATRICK Tuition Reimb-College Books Su Fire 268663 108 STANDA KEVIN AR Utility Water Enterprise Fund 268182 108 COMCAST Phone/Data/Web 494 Corridor Commission 7178 107 SAGE PAYMENT SOLUTIONS Bank and Service Charges Historical Culture 268161 107 ACCU-RITE POWDERCOATING&SURFACE PREP Equipment Repair&Maint Traffic Signs 268655 106 SCHERBER DAVID AR Utility Water Enterprise Fund 268321 103 COMCAST Cable TV Fire 268446 101 COMCAST Cable TV Fire 268738 100 JORDAHL MICHELLE AR Utility Water Enterprise Fund 268326 100 CUMMINS NPOWER LLC Equipment Repair&Maint Fleet Operating 268410 100 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Licenses,Taxes,Fees Water Capital 268426 100 BEND IN THE RIVER BIG BAND Other Contracted Services Special Initiatives 268510 100 MN DEPT.OF LABOR AND INDUSTRY Licenses,Taxes,Fees Pool Maintenance 268666 100 THE ESTATE OF ROBERT JOHN LEHMAN AR Utility Water Enterprise Fund Check# Amount Supplier/Explanation Account Description Business Unit Comments 268708 100 CUMMINS NPOWER LLC Equipment Repair&Maint Fleet Operating 268318 100 COMCAST Other Contracted Services IT Operating 268667 97 THOMPSON PAUL AR Utility Water Enterprise Fund 268158 96 56 BREWING LLC Liquor Product Received Prairie View Liquor Store 268289 96 56 BREWING LLC Liquor Product Received Prairie View Liquor Store 268622 96 JOHNSON MATT AR Utility Water Enterprise Fund 268535 96 SHRED RIGHT Waste Disposal City Hall(City Cost) 268645 96 OAKES KAREN AR Utility Water Enterprise Fund 1023079 95 ADAMS PEST CONTROL INC Contract Svcs-Pest Control Historical Buildings 268217 94 HENNEPIN COUNTY RESIDENT&REAL ESTATE Right of Way&Easement Improvement Projects 2006 268537 93 SMALL LOT MN Liquor Product Received Prairie View Liquor Store 268669 93 TITLE MINNESOTA AR Utility Water Enterprise Fund 268661 92 SMITH MATT AR Utility Water Enterprise Fund 268456 90 DODGE OF BURNSVILLE Equipment Parts Fleet Operating 268542 89 STAPLES ADVANTAGE Office Supplies Customer Service 268390 89 STAPLES ADVANTAGE Office Supplies Utility Operations-General 268474 88 HAMMERLIND,PETE Operating Supplies Park Maintenance 268399 88 US BANK EQUIPMENT FINANCE Copier/Printer/Fax 494 Corridor Commission 1022950 88 STAR TRIBUNE MEDIA COMPANY LLC Dues&Subscriptions Utility Operations-General 1023126 88 STAR TRIBUNE MEDIA COMPANY LLC Dues&Subscriptions Utility Operations-General 268468 87 FERGUSON,JOE AR Utility Water Enterprise Fund 268598 86 CHRISTY KEVIN AR Utility Water Enterprise Fund 1023118 86 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 268234 85 MATTS AUTO SERVICE INC Equipment Repair&Maint Fleet Operating 268607 84 EPSTEIN PROPERTY MGMT,LLC AR Utility Water Enterprise Fund 1023083 83 BOLD,PAULINE Operating Supplies Outdoor Center 268640 83 MUELLER LAURA AR Utility Water Enterprise Fund 268652 82 ROIFE NADEZDA AR Utility Water Enterprise Fund 268636 82 MICHAELSON ERIC AR Utility Water Enterprise Fund 268445 81 COMCAST Equipment Repair&Maint E-911 Program 268786 80 UNIVERSAL ATHLETIC SERVICES INC Operating Supplies Miller Park 268621 80 JOHANNING JOANN AR Utility Water Enterprise Fund 268615 79 HENDRICKSON THOMAS AR Utility Water Enterprise Fund 268469 79 GERTENS Landscape Materials/Supp Park Maintenance 1023014 78 KIDCREATE STUDIO Instructor Service Arts Center 268778 76 SNAP-ON TOOLS Small Tools Fleet Operating 268304 75 BIKEVERYWHERE,LLC Incentives 494 Corridor Commission 268632 74 MAAS JERRY AR Utility Water Enterprise Fund 1022969 74 METROPOLITAN FORD Equipment Parts Fleet Operating 1022971 74 PROSOURCE SUPPLY Cleaning Supplies General Community Center 268503 74 MEULENERS,ANNIE Operating Supplies Arts Center 1023090 73 METROPOLITAN FORD Equipment Parts Fleet Operating 268734 73 INTERTECH INC Contract Development IT Operating 268604 72 EDINA REALTY RELOCATION AR Utility Water Enterprise Fund 268454 72 DALE GREEN COMPANY,THE Landscape Materials/Supp Park Maintenance 268516 72 NIKOLIC,ALLISON P&R Refunds Community Center Admin 268530 72 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Den Road Liquor Store 1023030 70 CUSTOM HOSE TECH Equipment Parts Fleet Operating 268199 70 EDEN PRAIRIE CHAMBER OF COMMERCE Miscellaneous Economic Development 268354 70 KODIAK CUSTOM LETTERING INC Clothing&Uniforms Community Center Admin Check# Amount Supplier/Explanation Account Description Business Unit Comments 268674 69 WATERSTON MICHAEL AR Utility Water Enterprise Fund 268269 69 SHAKOPEE BREWHALL Liquor Product Received Den Road Liquor Store 268489 68 JERRY'S ENTERPRISES INC Repair&Maint. Supplies Street Maintenance 268634 68 MARVIN DANIEL AR Utility Water Enterprise Fund 268302 67 BARNA,GUZY&STEFFEN,LTD Legal Legal Council 268447 67 COMCAST Cable TV Fire 268752 66 MINNESOTA TROPHIES&GIFTS Operating Supplies Police Sworn 7152 65 MONEY MOVERS INC Other Contracted Services Community Center Admin 268582 65 BERTE CALVIN AR Utility Water Enterprise Fund 268791 65 HAMMOND,ABIGAIL Tuition Reimbursement/School Fitness Classes 268285 62 WENHAM,SEAN P&R Refunds Community Center Admin 268359 61 LIU,NATHAN Mileage&Parking Recreation Admin 268579 61 BECK SCOTT AR Utility Water Enterprise Fund 1022910 61 IRMITER,JESSE Operating Supplies Volunteers 268625 60 LARSON CARRIE AR Utility Water Enterprise Fund 1023045 59 A-SCAPE INC Contract Svcs-Lawn Maint. Den Bldg.-CAM 1023103 59 A-SCAPE INC Contract Svcs-Lawn Maint. Fire Station#2 268541 59 ST FRANCIS VETERINARY CLINIC Canine Supplies Police Sworn 268207 59 FIRST STATE TIRE RECYCLING Waste Disposal Fleet Operating 1023129 58 TWIN CITY SEED CO Landscape Materials/Supp Park Maintenance 268599 55 CLANCY PATRICK AR Utility Water Enterprise Fund 268295 54 ANTONOVICH,HEATHER Tuition Reimbursement/School Fitness Classes 268320 53 COMCAST Cable TV Fire 268186 52 CULLIGAN Corridor Comm.Misc 494 Corridor Commission 268273 52 SNAP-ON TOOLS Small Tools Fleet Operating 268226 52 KATZ,BARRY Outreach Mileage/Parking 494 Corridor Commission 268659 52 SIMONS CHARLES AR Utility Water Enterprise Fund 268630 52 LOMMEN SCOTT AR Utility Water Enterprise Fund 268679 51 ABLE HOSE&RUBBER INC Equipment Parts Water Treatment 268651 51 RIFLEMAN PEGGY AR Utility Water Enterprise Fund 268580 50 BELAEN JENNA AR Utility Water Enterprise Fund 268575 50 ALTMAN MARK AR Utility Water Enterprise Fund 268595 50 CHARLESTON DICK AR Utility Water Enterprise Fund 268591 50 BRASKET RICHARD AR Utility Water Enterprise Fund 268205 50 FAGER JAMES P&R Refunds Community Center Admin 268214 50 HELLER,MICHELLE P&R Refunds Community Center Admin 268571 50 WRIGHT COUNTY SHERIFF'S DEPT. Deposits Escrow 268775 48 SHEPPARD ELIZABETH Operating Supplies Outdoor Center 268462 47 EDEN PRAIRIE FOUNDATION Charitable Contributions Health and Benefits 268716 47 EDEN PRAIRIE FOUNDATION Charitable Contributions Health and Benefits 268728 46 HIGHWAY 5 BP Motor Fuels Fleet Operating 268250 46 NELSON,ROBIN Outreach Mileage/Parking 494 Corridor Commission 1023050 46 CENTERPOINT ENERGY Gas Den Road Building 268612 45 GOYETTE ADRIANA AR Utility Water Enterprise Fund 268365 45 MCFOA Dues&Subscriptions City Clerk 268538 45 SNAP-ON TOOLS Small Tools Fleet Operating 268325 45 CUB FOODS EDEN PRAIRIE Special Event Fees Senior Center Programs 268583 42 BIWER JASON AR Utility Water Enterprise Fund 268759 42 PETSMART Canine Supplies Police Sworn 1023082 41 BERRY COFFEE COMPANY Merchandise for Resale Concessions Check# Amount Supplier/Explanation Account Description Business Unit Comments 268596 41 CHASTAIN DAVID AR Utility Water Enterprise Fund 268592 40 BRIANT THOMAS AR Utility Water Enterprise Fund 268175 39 BTR OF MINNESOTA Equipment Parts Fleet Operating 268617 38 HOCHBAUM GEORGE AR Utility Water Enterprise Fund 268419 38 AQUA LOGIC INC Repair&Maint.Supplies Round Lake 1022930 36 DAKOTA SUPPLY GROUP INC Repair&Maint.Supplies Water Metering 268586 35 BOECKERMANN JENELLE AR Utility Water Enterprise Fund 268585 35 BODE SUSAN AR Utility Water Enterprise Fund 268396 35 UDOR USA Repair&Maint.Supplies Park Maintenance 268594 34 BYKOW EDWARD AR Utility Water Enterprise Fund 268616 33 HOCH MICHAEL AR Utility Water Enterprise Fund 268514 32 NCPERS GROUP LIFE INSURANCE PERA Health and Benefits 268755 32 NCPERS GROUP LIFE INSURANCE PERA Health and Benefits 268648 32 PANGBORN MICHAEL AR Utility Water Enterprise Fund 268628 31 LINNEY NOREEN AR Utility Water Enterprise Fund 268291 30 AIM ELECTRONICS Repair&Maint-Ice Rink Ice Arena Maintenance 268686 30 ASPEN MILLS Clothing&Uniforms Police Sworn 268554 29 UNITED WAY Charitable Contributions Health and Benefits 268611 29 GLASS AARON AR Utility Water Enterprise Fund 268785 29 UNITED WAY Charitable Contributions Health and Benefits 1023061 29 LANDS END CORPORATE SALES Clothing&Uniforms Police Sworn 268588 29 BOOSALIS DAVID AR Utility Water Enterprise Fund 268631 28 LUNDIN ASHLEY AR Utility Water Enterprise Fund 1022905 28 BOSACKER MIKE Mileage&Parking Police Sworn 268428 28 BEUTZ,KARI Tuition Reimbursement/School Fitness Classes 268703 27 COMCAST Other Contracted Services Police Sworn 268600 27 DALEIDEN BRUCE AR Utility Water Enterprise Fund 268620 26 JEAN-PIERRE MICHELINE AR Utility Water Enterprise Fund 268643 25 NORGREN BRITTNEY AR Utility Water Enterprise Fund 268398 25 UPS FREIGHT Operating Supplies Pool Operations 268654 24 ROWBERRY KIMBERLY AR Utility Water Enterprise Fund 268187 24 DALCO Janitor Service City Center-CAM 268650 24 R&J INVESTMENT LLC AR Utility Water Enterprise Fund 1022904 24 BOHNSACK,SUE Mileage&Parking Senior Center Admin 268726 24 GS DIRECT Operating Supplies Engineering 268672 23 VANTREECK STEVE AR Utility Water Enterprise Fund 268581 23 BENSON GAYLE AR Utility Water Enterprise Fund 268671 22 TYSK SUSAN AR Utility Water Enterprise Fund 1023086 22 FASTENAL COMPANY Equipment Parts Fleet Operating 1023039 22 TOLL GAS AND WELDING SUPPLY Repair&Maint.Supplies Wasterwater Collection 268639 21 MILLER ROSS AR Utility Water Enterprise Fund 268461 21 EDEN PRAIRIE CRIME PREVENTION FUND Charitable Contributions Health and Benefits 268715 21 EDEN PRAIRIE CRIME PREVENTION FUND Charitable Contributions Health and Benefits 268649 20 PATREK WILLIAM AR Utility Water Enterprise Fund 7176 20 SQUARE Bank and Service Charges Community Center Admin 268414 20 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 268670 20 TSCHANTZ DODI AR Utility Water Enterprise Fund 1022919 19 SPOK,INC. Cell/Pager Plans IT Operating 268573 19 ADAMS CARL AR Utility Water Enterprise Fund 268283 19 TUCKER,TIKEIA Outreach Mileage/Parking 494 Corridor Commission Check# Amount Supplier/Explanation Account Description Business Unit Comments 268653 18 ROSE PETE AR Utility Water Enterprise Fund 1022970 17 NASH MATT Mileage&Parking Tennis 268638 17 MIKA ADAM AR Utility Water Enterprise Fund 268576 16 BALDY KANAKA AR Utility Water Enterprise Fund 268618 16 HOOK SCOTT AR Utility Water Enterprise Fund 268635 16 MERGENS MICHAEL AR Utility Water Enterprise Fund 268593 16 BRIMMER TYLER AR Utility Water Enterprise Fund 268242 14 MINNEAPOLIS FINANCE DEPARTMENT Software Maintenance IT Operating 268590 14 BORDEN JOHN AR Utility Water Enterprise Fund 1022952 14 UPS Postage Planning 268660 13 SMITH JEFFREY AR Utility Water Enterprise Fund 268614 13 HEMMERSBAUGH VERNA AR Utility Water Enterprise Fund 268675 13 WESSELS ASHLEI AR Utility Water Enterprise Fund 268424 13 BAUMANN,ANNE P&R Refunds Community Center Admin 268665 13 TERRES MARK AR Utility Water Enterprise Fund 268601 13 DEEP RAHUL AR Utility Water Enterprise Fund 268613 12 HAUBRICH&ASSOCIATES LLC AR Utility Water Enterprise Fund 268606 12 ENG CHARLES AR Utility Water Enterprise Fund 268642 12 MYERS JEAN AR Utility Water Enterprise Fund 268543 11 STATE OF MINNESOTA Licenses,Taxes,Fees Fleet Operating 1023081 11 BATTERIES PLUS Supplies-HVAC City Center-CAM 268644 10 NORTON LIND AR Utility Water Enterprise Fund 268673 10 WALSH JULIA AR Utility Water Enterprise Fund 268609 10 FIELD BARBARA AR Utility Water Enterprise Fund 268509 10 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Riley Creek Woods 268578 9 BAUHS CAMERON AR Utility Water Enterprise Fund 268188 9 DAY NICHOLE Outreach Mileage/Parking 494 Corridor Commission 268664 9 STEENSLAND MATTHEW AR Utility Water Enterprise Fund 268626 9 LARSON ROY AR Utility Water Enterprise Fund 268602 9 DORMAN JENNIFER AR Utility Water Enterprise Fund 268629 8 LLC KASH, AR Utility Water Enterprise Fund 268624 7 LAKE SOTHEBY'S INTL REALTY AR Utility Water Enterprise Fund 268657 7 SCHWARTZ JOHN AR Utility Water Enterprise Fund 268656 7 SCHWANTES TERRY AR Utility Water Enterprise Fund 268646 6 ODENS DONALD AR Utility Water Enterprise Fund 268597 6 CHEW WILLIAM AR Utility Water Enterprise Fund 268658 6 SCOTT AMY AR Utility Water Enterprise Fund 268577 5 BATEAU PROPERTIES LLC AR Utility Water Enterprise Fund 1023074 4 UPS Postage IT Operating 1023130 4 UPS Postage IT Operating 268444 2 COMCAST Other Contracted Services Police Sworn 5,941,036 Grand Total City of Eden Prairie Purchasing Card Payment Report 7/16/2019 Amount Account Description Business Unit 4,760 Building Surcharge General Fund 3,195 Prepaid Expenses General Fund 2,630 Other Contracted Services Police Sworn 1,902 Landscape Materials/Supp Street Maintenance 1,773 Deposits Escrow 1,490 Operating Supplies Fitness Center 1,380 Software/Hardware Maint. IT Operating 1,311 Operating Supplies Youth Programs Admin 1,112 Special Event Fees Senior Center Programs 1,044 Conference/Training Fire 890 Capital Under$25,000 Fitness Classes 858 Operating Supplies Tennis 824 Plumbing Surcharge General Fund 820 Repair&Maint. Supplies Facilities Capital 796 Equipment Parts Fleet Operating 720 Tuition Reimbursement/School Police Sworn 710 Autos Capital Maint.&Reinvestment 668 Tuition Reimbursement/School Police Sworn 645 Repair&Maint. Supplies City Hall(City Cost) 645 Repair&Maint. Supplies General Community Center 631 Training Supplies Fire 610 Awards Finance 594 Operating Supplies Police Sworn 586 Conference/Training City Clerk 580 Printing Arts Center 568 Fire Prevention Supplies Fire 560 Conference/Training City Council 557 Other Contracted Services Community Center Admin 549 Mechanical Surcharge General Fund 527 Licenses,Taxes,Fees Fitness Classes 520 Capital Under$25,000 Prairie Village Liquor Store 520 Capital Under$25,000 Prairie View Liquor Store 476 Conference/Training Engineering 425 Operating Supplies Police Sworn 413 Clothing&Uniforms Outdoor Center 409 Operating Supplies Pool Operations 405 Operating Supplies Police Sworn 404 Capital Under$25,000 Fitness Classes 381 Bank and Service Charges Den Road Liquor Store 375 Tuition Reimbursement/School Police Sworn 370 Capital Under$25,000 Den Road Liquor Store 355 Autos General Fixed Asset Account Gr Amount Account Description Business Unit 350 Conference/Training City Clerk 342 Operating Supplies Pickleball 335 Capital Under$25,000 Fitness Classes 335 Capital Under$25,000 Fitness Center 331 Operating Supplies Pool Lessons 330 Work In Progress General Fixed Asset Account Gr 325 Licenses,Taxes,Fees Theatre Initiative 321 Operating Supplies Fitness Admin. 315 Miscellaneous Administration 310 Operating Supplies Police Sworn 307 Travel Expense Utility Operations-General 307 Travel Expense Utility Operations-General 305 Tuition Reimbursement/School Police Sworn 304 Operating Supplies Hidden Ponds Park 295 Miscellaneous City Council 279 Training Supplies Police Sworn 275 Operating Supplies Youth Programs Admin 271 Tuition Reimbursement/School Police Sworn 269 Operating Supplies Community Center Admin 262 Miscellaneous City Council 259 Other Contracted Services Senior Center Admin 258 Operating Supplies Tennis 255 Operating Supplies July 4th Celebration 255 Operating Supplies Police Sworn 254 Operating Supplies Round Lake Beach 253 Operating Supplies Theatre Initiative 245 Training Supplies Police Sworn 243 Operating Supplies July 4th Celebration 242 Safety Supplies Utility Operations-General 241 Operating Supplies Fire 240 Conference/Training Pool Operations 238 Bank and Service Charges Prairie View Liquor Store 236 Miscellaneous Administration 235 Conference/Training Engineering 234 Training Supplies Police Sworn 230 Capital Under$25,000 Outdoor Center 229 Operating Supplies Tennis 223 Operating Supplies July 4th Celebration 220 Miscellaneous Administration 220 Repair&Maint. Supplies Water Treatment 216 Training Supplies Police Sworn 215 Clothing&Uniforms Police Sworn 214 Operating Supplies Tennis 211 Operating Supplies Tree Disease 210 Training Supplies Police Sworn 208 Computers IT Operating Amount Account Description Business Unit 207 Landscape Materials/Supp Capital Maint.&Reinvestment 206 Operating Supplies Fitness Admin. 195 Operating Supplies Youth Programs Admin 194 Operating Supplies Fire 190 Awards Communications 188 Operating Supplies Police Sworn 181 Miscellaneous Administration 180 Conference/Training Youth Programs Admin 180 Conference/Training Youth Programs Admin 180 Repair&Maint. Supplies Facilities Capital 180 Repair&Maint. Supplies Water Treatment 179 Tuition Reimbursement/School Police Sworn 176 Bank and Service Charges Prairie Village Liquor Store 173 Operating Supplies Pool Operations 173 Operating Supplies Youth Programs Admin 172 Operating Supplies Youth Programs Admin 172 Operating Supplies Park Facilities 171 Landscape Materials/Supp Street Maintenance 170 Dues&Subscriptions Tree Disease 170 Deposits Escrow 167 Special Event Fees Senior Center Programs 165 Licenses,Taxes,Fees Concessions 162 Operating Supplies Stormwater Non-Capital 154 Autos Capital Maint.&Reinvestment 153 Operating Supplies Pool Lessons 152 Landscape Materials/Supp Water Treatment 150 Operating Supplies Playgrounds 150 Conference/Training Youth Programs Admin 150 Conference/Training Youth Programs Admin 150 Clothing&Uniforms Pool Lessons 145 Clothing&Uniforms Special Events Admin 144 Merchandise for Resale Concessions 141 Operating Supplies Outdoor Center 139 Operating Supplies Pool Lessons 134 Operating Supplies Police Sworn 131 Capital Under$25,000 Fitness Center 131 Operating Supplies Specialty Fitness Programs 130 Autos General Fixed Asset Account Gr 130 Operating Supplies Outdoor Center 129 Repair&Maint. Supplies Richard T.Anderson Cons.Area 129 Merchandise for Resale Concessions 128 Operating Supplies IT Operating 127 Miscellaneous IT Operating 125 Awards Communications 125 Clothing&Uniforms Park Maintenance 121 Operating Supplies Park Maintenance Amount Account Description Business Unit 121 Capital Under$25,000 Fitness Center 120 Conference/Training Pool Operations 120 Software/Hardware Maint. IT Operating 120 Operating Supplies Arts Center 119 Clothing&Uniforms Pool Operations 113 Operating Supplies Tree Disease 111 Landscape Materials/Supp Capital Maint.&Reinvestment 111 Operating Supplies Summer Theatre 110 Repair&Maint. Supplies Utility Operations-General 109 Operating Supplies Youth Programs Admin 109 Equipment Parts Fleet Operating 106 Deposits Escrow 106 Equipment Repair&Maint Park Maintenance 106 Office Supplies Police Sworn 106 Clothing&Uniforms Tree Disease 102 Operating Supplies Tennis 102 Operating Supplies Park Maintenance 101 Operating Supplies Tree Disease 100 Operating Supplies Senior Center Programs 100 Advertising Arts in the Park 100 Other Contracted Services Special Events&Trips 100 Licenses,Taxes,Fees Fitness Classes 100 Equipment Testing/Cert. Fleet Operating 100 Operating Supplies Arts Center 100 Operating Supplies IT Operating 100 Operating Supplies Youth Programs Admin 99 Operating Supplies Tennis 98 Conference/Training Senior Center Admin 98 Autos Capital Maint.&Reinvestment 98 Operating Supplies Ice Operations 97 Small Tools Street Maintenance 96 Building Materials Park Maintenance 94 Operating Supplies Outdoor Center 94 Dues&Subscriptions Planning 94 Clothing&Uniforms Softball 93 Operating Supplies Youth Programs Admin 91 Office Supplies Police Sworn 90 Tuition Reimbursement/School Fitness Classes 90 Process Control Equipment IT Operating 90 Operating Supplies Pool Operations 89 Clothing&Uniforms Police Sworn 87 Operating Supplies Ice Operations 86 Operating Supplies Park Maintenance 85 Training Supplies Police Sworn 84 Operating Supplies IT Operating 84 Operating Supplies Pickleball Amount Account Description Business Unit 81 Merchandise for Resale Concessions 80 Dues&Subscriptions Communications 80 Training Supplies Fire 79 Operating Supplies Youth Programs Admin 75 Operating Supplies Gymnasium(CC) 72 Tuition Reimbursement/School Police Sworn 71 Operating Supplies Police Sworn 71 Operating Supplies Day Care 71 Operating Supplies Outdoor Center 70 Travel Expense Fire 70 Operating Supplies Youth Programs Admin 70 Operating Supplies Pool Operations 70 Operating Supplies Youth Programs Admin 69 Small Tools Traffic Signals 68 Autos Capital Maint.&Reinvestment 67 Equipment Parts Water Treatment 67 Travel Expense Fire 66 Protective Clothing Fire 66 Operating Supplies Pool Lessons 65 Operating Supplies Community Center Admin 65 Training Supplies Fitness Classes 65 Training Supplies Police Sworn 65 Clothing&Uniforms Outdoor Center 65 Operating Supplies Police Sworn 64 Chemicals Park Maintenance 63 Training Supplies Police Sworn 63 Operating Supplies Arts Center 63 Operating Supplies Outdoor Center 63 Operating Supplies Den Road Liquor Store 60 Conference/Training City Council 60 Conference/Training City Council 60 Travel Expense Concessions 60 Tuition Reimbursement/School Fitness Classes 59 Operating Supplies Riley Lake 59 Equipment Repair&Maint Outdoor Center 57 Operating Supplies Outdoor Center 57 Merchandise for Resale Concessions 56 Operating Supplies Park Maintenance 55 Operating Supplies Park Maintenance 55 Clothing&Uniforms Community Center Admin 54 Operating Supplies Police Sworn 54 Office Supplies Police Sworn 54 Equipment Repair&Maint Senior Center Programs 54 Miscellaneous Administration 53 Operating Supplies Inclusion 53 Merchandise for Resale Concessions Amount Account Description Business Unit 52 Operating Supplies Winter Theatre 51 Deposits Escrow 51 Training Supplies Fire 50 Operating Supplies Volunteers 50 Repair&Maint. Supplies Utility Operations-General 50 Clothing&Uniforms Senior Center Admin 50 Repair&Maint. Supplies Facilities Capital 50 Office Supplies Police Sworn 49 Merchandise for Resale Concessions 48 Repair&Maint. Supplies Water Metering 48 Operating Supplies IT Operating 48 Operating Supplies Housing and Community Service 48 Operating Supplies IT Operating 48 Training Supplies Police Sworn 48 Merchandise for Resale Concessions 47 Operating Supplies Outdoor Center 47 Operating Supplies Pool Operations 46 Travel Expense Fire 45 Operating Supplies IT Operating 45 Merchandise for Resale Concessions 44 Operating Supplies Park Maintenance 44 Operating Supplies Tennis 44 Operating Supplies Outdoor Center 44 Operating Supplies Pickleball 43 Operating Supplies Park Maintenance 42 Operating Supplies Community Center Admin 42 Operating Supplies Prairie View Liquor Store 42 Operating Supplies Tree Disease 42 Merchandise for Resale Concessions 42 Equipment Repair&Maint Public Safety Communications 41 Operating Supplies Fire 41 Tuition Reimbursement/School Police Sworn 40 Office Supplies Park Maintenance 40 Merchandise for Resale Concessions 39 Other Contracted Services Emergency Management 39 Employee Award Organizational Services 39 Software/Hardware Maint. IT Capital 39 Clothing&Uniforms Senior Center Admin 39 Clothing&Uniforms Youth Programs Admin 39 Operating Supplies Prairie Village Liquor Store 38 Operating Supplies Housing and Community Service 38 Landscape Materials/Supp Capital Maint.&Reinvestment 38 Operating Supplies Fitness Classes 38 Operating Supplies Arts Center 37 Operating Supplies Arts Center 36 Operating Supplies Community Center Admin Amount Account Description Business Unit 36 Fire Prevention Supplies Fire 36 Operating Supplies IT Operating 36 Operating Supplies Senior Board 36 Operating Supplies Community Center Admin 35 Repair&Maint. Supplies Utility Operations-General 35 Training Supplies Community Center Admin 35 Operating Supplies Day Care 33 Equipment Repair&Maint Park Maintenance 33 Repair&Maint. Supplies Utility Operations-General 33 Operating Supplies Outdoor Center 32 Operating Supplies Inclusion 31 Operating Supplies Arts Center 30 Training Supplies Police Sworn 30 Training Supplies Police Sworn 30 Training Supplies Police Sworn 30 Conference/Training Community Center Admin 30 Conference/Training Youth Programs Admin 30 Conference/Training Day Care 30 Tuition Reimbursement/School Fitness Classes 30 Conference/Training Community Center Admin 30 Travel Expense Ice Operations 30 Conference/Training Day Care 30 Advertising Special Initiatives 30 Operating Supplies Youth Programs Admin 30 Operating Supplies Arts Center 30 Operating Supplies Outdoor Center 30 Operating Supplies Fitness Classes 29 Equipment Repair&Maint Outdoor Center 29 Operating Supplies Day Care 28 Operating Supplies New Adaptive 28 Office Supplies Fire 27 Operating Supplies Park Maintenance 27 Tuition Reimbursement/School Police Sworn 26 Merchandise for Resale Concessions 26 Clothing&Uniforms Summer Theatre 26 Operating Supplies Pool Lessons 26 Miscellaneous Administration 26 Merchandise for Resale Concessions 25 Tuition Reimbursement/School Police Sworn 25 Clothing&Uniforms Volleyball 25 Clothing&Uniforms Volleyball 25 Office Supplies Police Sworn 25 Repair&Maint. Supplies Water Metering 24 Merchandise for Resale Concessions 24 Merchandise for Resale Concessions 24 Equipment Repair&Maint Senior Center Programs Amount Account Description Business Unit 23 Operating Supplies Volunteers 23 Operating Supplies New Adaptive 23 Operating Supplies Community Center Admin 23 Operating Supplies Parks Administration 23 Clothing&Uniforms Police Sworn 22 Operating Supplies Tennis 22 Advertising Den Road Liquor Store 22 Advertising Prairie View Liquor Store 22 Advertising Prairie Village Liquor Store 22 Operating Supplies Outdoor Center 21 Office Supplies Park Maintenance 21 Cleaning Supplies Utility Operations-General 21 Merchandise for Resale Concessions 20 Small Tools Traffic Signals 20 Mileage&Parking Economic Development 20 Conference/Training Fitness Admin. 20 Conference/Training Community Center Admin 20 Operating Supplies Outdoor Center 20 Software/Hardware Maint. IT Operating 20 Postage Utility Operations-General 19 Employee Award Organizational Services 19 Employee Award Organizational Services 19 Operating Supplies Police Sworn 19 Operating Supplies Community Center Admin 19 Operating Supplies Senior Center Admin 19 Operating Supplies Outdoor Center 18 Equipment Parts Fleet Operating 18 Operating Supplies Police Sworn 18 Operating Supplies Purgatory Creek Park 18 Merchandise for Resale Concessions 18 Operating Supplies Wine Club/Events 18 Operating Supplies Outdoor Center 18 Operating Supplies Youth Programs Admin 17 Licenses,Taxes,Fees Ice Lessons 17 Merchandise for Resale Concessions 17 Employee Award Organizational Services 17 Operating Supplies Community Center Admin 17 Other Contracted Services Senior Center Admin 16 Operating Supplies Pool Operations 16 Merchandise for Resale Concessions 16 Small Tools Water Distribution 15 Merchandise for Resale Concessions 15 Miscellaneous Administration 15 Small Tools General Community Center 14 Operating Supplies Volunteers 14 Miscellaneous Administration Amount Account Description Business Unit 14 Office Supplies Police Sworn 14 Operating Supplies Den Road Liquor Store 14 Operating Supplies Prairie View Liquor Store 13 Landscape Materials/Supp Water Treatment 13 Deposits Escrow 13 Merchandise for Resale Concessions 13 Operating Supplies Tennis 13 Training Supplies Police Sworn 13 Operating Supplies Gymnasium(CC) 12 Operating Supplies Day Care 12 Operating Supplies Softball 11 Operating Supplies Park Maintenance 11 Office Supplies Fire 10 Operating Supplies Playgrounds 10 Operating Supplies Arts Center 10 Fire Prevention Supplies Fire 10 Fire Prevention Supplies Fire 10 Operating Supplies Police Sworn 10 Operating Supplies IT Operating 10 Repair&Maint. Supplies Water Distribution 9 Miscellaneous City Council 9 Equipment Repair&Maint Park Maintenance 9 Training Supplies Community Center Admin 9 Operating Supplies Arts in the Park 9 Operating Supplies Park Maintenance 9 Operating Supplies Arts in the Park 8 Merchandise for Resale Concessions 8 Operating Supplies Stormwater Non-Capital 8 Repair&Maint. Supplies Water Distribution 8 Operating Supplies IT Operating 8 Merchandise for Resale Concessions 8 Equipment Parts Community Center Admin 7 Operating Supplies Parks Administration 7 Equipment Repair&Maint Public Safety Communications 6 Operating Supplies Den Road Liquor Store 6 Operating Supplies Senior Center Programs 6 Operating Supplies Community Center Admin 5 Operating Supplies Arts Center 5 Operating Supplies Outdoor Center 5 Mileage&Parking Economic Development 5 Licenses,Taxes,Fees Fleet Operating 4 Janitor Service Utility Operations-General 4 Janitor Service Utility Operations-General 4 Operating Supplies Prairie Village Liquor Store 4 Operating Supplies Fire 3 Small Tools General Community Center Amount Account Description Business Unit 3 Other Contracted Services Senior Center Admin 3 Bank and Service Charges Customer Service 3 Mileage&Parking Police Sworn 2 Chemicals Park Maintenance 2 Tuition Reimbursement/School Police Sworn 1 Tuition Reimbursement/School Police Sworn 1 Equipment Parts Fleet Operating 0 Operating Supplies Arts Center -6 Operating Supplies Fitness Center -10 Deposits Escrow -13 Deposits Escrow -30 Miscellaneous Administration -31 Operating Supplies Arts Center -93 Miscellaneous IT Operating -119 Dues&Subscriptions Police Sworn -123 Other Revenue General Fund -206 Operating Supplies Fitness Admin. -220 Repair&Maint. Supplies Water Treatment -241 Deposits Escrow -3,584 Other Revenue General Fund 66,122 CITY COUNCIL AGENDA DATE: SECTION: Report of Community Development Director July 16, 2019 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development/Planning Oak Point Elementary School XIV.C. Parking Lot Addition Janet Jeremiah/Beth Novak-Krebs Requested Action Move to: • Authorize the issuance of an early Land Alteration Permit for the Oak Point Elementary School at the request of the Developer. Synopsis The applicant is proposing to construct additional parking at Oak Point Elementary School. The property is located at 13400 Staring Lake Parkway at the intersection of Anderson Lakes Parkway and Staring Lake Parkway. The 23.05-acre property includes the school, parking, ball fields and playground areas. The new 85-stall parking lot is proposed west of the lower parking lot south of the school. The proposed project also includes construction of a stormwater basin west of the new parking lot, code compliant landscape islands in the parking lot and landscape screening on the south side of the parking lot to provide screening from Staring Lake Parkway. The proposed parking lot is primarily for staff parking and there is an existing sidewalk providing pedestrian access to the school. The applicant is only a requesting an early Land Alteration Permit at this time to keep the project moving forward so the improvements can be completed early in the school year. If the early Land Alteration Permit is authorized, any work completed by the applicant is at their own risk. The public hearing for the consideration of approval of the Site Plan will be held on August 13. Background At the July 8, 2019 Planning Commission meeting, a variance from the Shoreland Code was granted to allow greater than 30% of the site as impervious surface. With proximity to the creek, the property is located in the Shoreland Overlay Zone. Properties within the Shoreland are limited to 30% impervious surface coverage. The impervious coverage on the site is currently 36.4%. Since the school and subsequent additions occurred prior to the adoption of the Shoreland Code, the site is non-conforming. The addition of the parking lot will add 24,050 square feet of impervious surface. This increases the total impervious coverage on the site to 38.74%. The School District owns the lot containing the school and also owns a 7.96 acre lot to the west of the school with the creek running through it. If the School District were to combine the lots, the impervious surface coverage would be 28.78%. The Planning Commission granted the variance based on the findings that it is in harmony with intent and general purposes of the ordinance and the nature of the variance requested are consistent with the comprehensive guide plan. Planning Commission Recommendation On July 8, the Planning Commission held a public hearing for the project. There was no public testimony given at the meeting. The unapproved minutes were not available at the time of the packet preparation. The Planning Commission voted 7-0 to recommend approval of the Site Plan. Attachments 1. Staff Report 2. Land Use Map 3. Zoning Map 4. Aerial photo STAFF REPORT TO: Planning Commission FROM: Beth Novak-Krebs, Senior Planner DATE: July 2, 2019 SUBJECT: Oak Point Elementary School Parking Lot LOCATION: 13400 Staring Lake Parkway APPLICANT: Anderson-Johnson Associates, Inc. OWNER: Eden Prairie Schools 120-REVIEW September 6, 2019 REQUEST: • Variance from Shoreland Code to allow impervious surface to exceed the City Code requirement of 30%. • Site Plan Review on 23.05 acres BACKGROUND The applicant is requesting approval of a r „,, a , . .,a variance and a site plan to build additional `� - parking at Oak Point Elementary School. tit . . '1 ms e :: The property is located at 13400 Staring s:", p_ �_. . 1 Lake Parkway at the intersection of s" . =, � Anderson Lakes Parkway and Staring Lake 40,14, Air Parkway. The 23.05-acre property includes the school, parking, balls fields and ` playground areas. SITE Purgatory Creek runs along the west side of ,a9,a 'IS-is.a "' the property through a separate lot owned by - A it the school district. The creek corridor and _ *`®% . ,i%, '� ^-- the west side of the school property is . "� heavily wooded. Residential uses are q' s•IF4ilY @. @, .. located beyond the creek and the streets that ; Z bound the school property. soj:.. EpKM �" yR The property is currentlyguided Public/Semi p p Y ,;;E / " Public. The property is currently zoned 114f1�1 ,' Staff Report—Oak Point Elementary School Page 2 Public. The school and associated improvements (i.e. parking lots, playgrounds, ball fields) are consistent with zoning. With proximity to the creek,the property is located in the Shoreland Overlay Zone.Properties within the Shoreland are limited to 30%impervious surface coverage. The current impervious coverage on the site is 36.4%. Since the school and subsequent additions occurred prior to the adoption of the Shoreland Code, the site is non-conforming. The proposed addition of the parking lot will add 24,050 square feet of impervious surface. This increases the total impervious coverage on the site after the addition of the parking to 38.74% for the 23.05 acre lot. The applicant is requesting a variance to exceed 30%. The School District also owns a 7.96 acre lot just to the west of the school property. If the School District combined the two lots, the percent impervious surface would be 28.78% and conform. VARIANCE REVIEW—Variance Request#2018-02 "Practical difficulties" is a legal standard set forth in law that cities must apply when considering applications for variances. It is a three-factor test and applies to all requests for variances. To constitute practical difficulties, all three factors of the test must be satisfied. The three practical difficulties include reasonableness; uniqueness; and essential character of the neighborhood is maintained. Reasonable use of the property- The first factor is the property owner proposes to use the property in a reasonable manner. This factor means that the landowner would like to use the property in a particular reasonable way, but cannot do so under the rules of the ordinance. The landowner proposes to use the property in a manner consistent with the existing land use. The proposed use is consistent with the underlying Comprehensive Guide Plan and underlying zoning. It is reasonable to add parking to a school site. The applicant is also proposing stormwater management for the site. Unique circumstances - The second factor is that the landowner's problem is due to circumstances unique to the property not caused by the landowner. The site already exceeds the maximum 30% impervious coverage. The school and all of the subsequent building additions occurred prior to the adoption of the Shoreland Code in 1996. Although this project adds impervious surface, the variance would address the existing and proposed impervious coverage of the site. If the applicant combined the school property and the lot with the creek running through it, the percent impervious would be conforming at 28.78%. Essential character of neighborhood- The third factor is that the variance, if granted, will not alter the essential character of the locality. Under this factor, consider whether the resulting structure will be out of scale, out of place, or otherwise inconsistent with the surrounding area. The proposed parking lot will not alter the essential character of the area. The site has existing parking lots, which are common elements of a school property. The proposed parking lot is not 2 Staff Report—Oak Point Elementary School Page 3 visible from Anderson Lakes Parkway and the applicant is proposing landscape plantings to screen it from Staring Lake Parkway. SITE PLAN In 1993, a Site Plan was approved for the site when the School District constructed a pool addition onto the building.This site plan would be an amendment of the already approved site plan to add the proposed parking lot. The school building runs generally north and south on the site. The BUS DROP-OFF?PICK-UP site is higher in elevation along CIRCULATION Anderson Lakes Parkway and drops SUPPORTS STAFF AND VISITOR PARKING off toward the back of the property. '_- \ Therefore, there is an upper and I p lower parking lot. The bus drop off , YY and pick-up is in the upper parking N lot, which is on the east side of the ELIMINATE oak,, ie,. E„sa , a,cnoch school. The u er arkin lot PARALLEL STALLS pp p g ON EXIT DRIVE � e supports visitors, volunteers and NEW SOUTHWEST - some staff. parent drop off and PARKING LOT WILL '� : - ' GENERALLY \ I' parking is in the lower parking lot SUPPORT STAFF 'OPOSED-, I ' p g p g PARKING;BETTER - ' which is on the south side of the ACCESSIBLE PARKINC LOT 4 ROUTE TO DOOR school. The proposed new parking r p p p g 1 - \ 1/1- lot includes 85 parking stalls and it , ,�. is located to the west of the lower - --r parking lot. The new parking lot =' i- :J~_ • A will primarily support staff parking. _ - i /� There will be two entrances to the ` 0 new parking lot from the drive used , STUDENT DROP-OFF for circulation for parent drop off '` CIRCULATION I R UL}ION(RED Primarily staff will be parked T before parent drop off begins. The parking lot includes code compliant parking lot islands and landscaping within the islands. LANDSCAPE PLAN The proposal includes parking lot islands with canopy trees and shrubs in compliance with City Code. In addition,the plan includes proposed canopy trees along the perimeter of the parking lot and a mix of evergreen trees and shrubs along the south side of the parking lot to screen it from Staring Lake Parkway. No tree replacement is required for this project. 3 Staff Report—Oak Point Elementary School Page 4 SIDEWALKS There is currently a sidewalk along the west side of the drive that provides access to the new parking lot. The current sidewalk extends from the public sidewalk along Staring Lake Parkway to the playground and building entrance.The sidewalk sections will be replaced where the entrances to the new parking lot cross the sidewalk. DRAINAGE The applicant is proposing a stormwater basin along the west side of the proposed parking lot. The stormwater management basin is designed to handle runoff from the new parking lot. The applicant is working with the Riley Purgatory Creek Watershed District to obtain a permit. LIGHTING The proposal include four pole lights in the parking lot. The proposed lights will include LED bulbs and the plan is code compliant. STAFF RECOMMENDATION The granting of the variance is in harmony with intent and general purposes of the ordinance and the nature of the variance requested are consistent with the comprehensive guide plan. • Recommend approval of Variance Final Order#2018-02 subject to plans stamp dated June 28, 2019 and contingent upon Site Plan approval. • Recommend approval of the Site Plan Review on 23.05 acres contingent upon approval of the requested Variance Final Order#2018-02. This is based on plans stamp dated June 28, 2019, staff report dated July 2, 2019 and the following conditions: 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. Submit a landscape 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. F. Submit a Conservation Easement over the creek, wetland and wetland buffer on the school property for review and approval by the City. 4 Guide Plan Map: Oak Point Elementary School Address:13400 StaringLake Pkwy Eden Prairie, Minnesota 55347 )P CASTLE _ / / go - Yal� EHI1RINIc � r \ wv� t iIiir .D # . .. 1111611��11411W1.� �:w: k 14fri - wi �F� �4 �� �'r **e l RDE ��` • ‘ ,401, TNT yr�� . w�j o 0 �� ■�r_ .ram �. ��Fi -I 4111110V 1 ill int Ise#A f* _ ,4, osigamanw, • /~•,i. El:-1m711111 he 1-1— gar A111 -g& ff/,o li•i - j1 -okii . - 0 PP t === or RIM 1111n1,011110 Aw4 4 .—pm-- :r._ Ili � 1M0 _ , . Staring Lake Pkwy c ,0 D • 1 "' • • � 0 „ i= '1 1.2 o '' .' , g, ,,,,a,,: ,- .<,_%. ..,. 0 00,. ,, e:,, , i,,, \ '''-- IS 111111.t. W Staring Lake 0 , a • I . I , 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 ni Community Commercial Streams 17.7 Low Density/Public/Open Space - Regional Commercial Principal Arterial -A Minor Arterial - Medium Density residential 2.5-10 Units/Acre1222 Town Center i —B Minor Arterial � 11'.'t DATE Approved 03-19-03 DATE Revised 12-06-06 n Medium 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 E D E N IHigh 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 LIVE•WDRK•DREAM M 77 2 Office/Public/Open Space Right-Of-Way 960 480 O ogamm�Me mo1.m_o.„®1�XnpneB1 1 ..o µ ry 960 E Feet - Industrial Q CityLimits Zoning Map: Oak Point Elementary School Address: 13400 Staring Lake Pkwy Eden Prairie, MN 55347 k), e4.51 it r__,,,,,2 ❑ eA L A-,. III•- 1 i Li PM —41. ll #SE I 14104%, ifK*, #' 1& I LIoitiveraI • t to 1 i i p;r ,4jj4sij v._- 4 111. ltfjiIllrII1 G ,���� L. Its tows • , 1 • 44 1 big' el410 le air I I �u� ■ Vi Pithi1111p��,+� OHO g / M t* _ \/6(7 u-li -= „as is i ilium 0 N. - .0 PP * _1 iur Am NO Ali .. Staring Lake Pkwy 00 Q" "Isffi.` . III II •, 0, ❑• 1-3 - ', Z-.\ ,. Ilk %,%, >-'4',, . o, o RD 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. MITC-MU I GD I General Development Waters(Creeks Only) ''I - r I,!. 11 R1-9.5 One Family-9,500 sf min. 1.1 Industrial Park-2Acre Min, ® 100- Year Floodplain EDEN 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 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 Water m oa:e of a�:orevenoy re�xrea ro x zom�9 oiaanmxnon on n�::omny maP,na ommanoe LIVE•WORK•DREAM ana anaonea ieeai ae:onPron on eie a�eae�acme ary cencerwai a�a�i. -Highway Commercial I Right of Way -Regional Service Commercial DCityLimits 0 0.2 0.4 Miles .wa,_o...m..=.._..®..,t..o.,.,, ..,_. l.0.,, ,..,,mo, Aerial Map: Oak Point Elementary School Address:13400 Staring Lake Pkwy Eden Prairie, Minnesota 55347 0 • :„.,,,,, ..,. •= ' . /-°'•%,,.,,,/- LU \ 1 .• 4...". , ‘,; IEt. . .- ''‘ • i aci •i4 . _,.,. .4. -ic, --,.. .,...., • -C‘ 1#".•;; . •46 •..•1•?... `7 - . .i_gr ,..3.0"11-9-7--- -4. \ I e b : G ',I/i'lli . '', 10 ''''‘.....1".1:t.---""it. riji, -11 41 . Croftl'1 dii 4: ' • " 4 .- ' A f. W . • 1 •1. i*, 9 r' 4 4, • f*. , , 0. W ' • .M1 .. ' • . . .^3 M , - , J y eir it 44 ,.1,444•4"e4'', ' ••• •i ' \15 or n it. 0 i%'‘.4 :r.it• '•.- r - ' - — 14 A , : Anderson Lakes Parkway ---_-t.all .-- .- 0 'SITE.1 .$, -'. - . -76),§ pp g7. .1 i•-- .. i — - • • = /16p7,4*. In 5 • 1 _I .c .,,,„ ... , .,... . _ ... 0 . . 1 .5‘ , oinGE \I 0 0 e ,.. .f, = Ili e , & 1111,011]/h • . . ..4.* - _ r •'1-45.-'. . .. .. . N ,. , - i fi; !I ' • of.,4, ,44 A ,§,I, '0 il : ' . • 1,000 Feet