AGENDA
EDEN PRAIRIE CITY COUNCIL MEETING
TUESDAY, FEBRUARY 2, 2021 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road
CITY COUNCIL: Mayor Ron Case, Council Members Kathy Nelson, Mark Freiberg, PG Narayanan, and Lisa Toomey
CITY STAFF: City Manager Rick Getschow, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, City Attorney Maggie Neuville, and Council Recorder Jan Curielli
I. CALL THE MEETING TO ORDER
II. PLEDGE OF ALLEGIANCE
III. OPEN PODIUM INVITATION
IV. PROCLAMATIONS / PRESENTATIONS
A. SWLRT CONSTRUCTION STATUS UPDATE
V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
VI. MINUTES
A. COUNCIL WORKSHOP HELD TUESDAY, JANUARY 19, 2021
B. CITY COUNCIL MEETING HELD TUESDAY, JANUARY 19, 2021
VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS
VIII. CONSENT CALENDAR
A. CLERK’S LICENSE LIST
B. FLYING CLOUD COMMONS (CASTLE RIDGE RETAIL) By Oppidan Investment Company. Second Reading of an Ordinance for PUD District Amendment with waivers on 7.27 acres; Resolution for Site Plan Review on 7.27 acres; Development Agreement (Ordinance for PUD District Amendment with waivers, Resolution for Site Plan Review, Development Agreement)
C. APPROVE SECOND READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 5, SECTION 5.40, RELATING TO GAMBLING AND ADOPT RESOUTION APPROVING SUMMARY ORDINANCE
CITY COUNCIL AGENDA February 2, 2021 Page 2
D. APPROVE PURCHASE FROM JEFFERSON FIRE AND SAFETY FOR REPLACEMENT TURNOUT GEAR WASHER FOR FIRE STATIONS 1, 2, AND 3
E. APPROVE WRITTEN CONSENT RELATED TO INCREASE IN DEBT AMOUNT FOR CASCADE AT TOWN CENTER
F. APPROVE CONSTRUCTION CONTRACT WITH KEYS WELL DRILLING TO SERVICE AND UPGRADE MUNICIPAL WELL NO. 4
G. APPROVE CONSTRUCTION CONTRACT WITH BERGERSON- CASWELL TO SERVICE AND UPGRADE MUNICIPAL WELL NO. 6
H. AWARD CONTRACTS FOR WATER TREATMENT CHEMICALS FOR 2021
I. ADOPT A RESOLUTION TO SUPPORT BETTER BUILDINGS STANDARDS IN MINNESOTA
J. APPROVE CONTRACT WITH COLORADO TIMING SYSTEMS FOR PURCHASE OF AQUATICS CENTER SCOREBOARD
IX. PUBLIC HEARINGS / MEETINGS
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
C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR
D. REPORT OF PARKS AND RECREATION DIRECTOR
E. REPORT OF PUBLIC WORKS DIRECTOR
F. REPORT OF POLICE CHIEF
G. REPORT OF FIRE CHIEF CITY COUNCIL AGENDA February 2, 2021 Page 3
H. REPORT OF CITY ATTORNEY
XV. OTHER BUSINESS
XVI. ADJOURNMENT CITY COUNCIL AGENDA DATE SECTION: Proclamations / Presentations February 2, 2021
DEPARTMENT / DIVISION ITEM DESCRIPTION ITEM NO. Public Works Presentation of the Southwest LRT IV.A. Construction Status
Synopsis
SWLRT Project Director, Jim Alexander, will provide an update on the LRT construction status and schedule for 2021.
Background
As construction of the Southwest Light Rail Green Line Extension continues into its second full construction season, the Metropolitan Council prepared an update for the City of Eden Prairie to discuss progress made as well as the schedule of work to come in 2021.
Attachment
Presentation
UNAPPROVED MINUTES
CITY COUNCIL WORKSHOP & OPEN PODIUM
TUESDAY, JANUARY 19, 2021 CITY CENTER 5:00 – 6:25 PM, HERITAGE ROOMS 6:30 – 7:00 PM, COUNCIL CHAMBER
CITY COUNCIL: Mayor Ron Case, Council Members Kathy Nelson, Mark Freiberg, PG Narayanan, and Lisa Toomey
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. COMMISSION WORK PLANS
A. FLYING CLOUD AIRPORT ADVISORY COMMISSION
Getschow stated, similar to last year, the Commission work plans are split into two Council workshops. Due to COVID-19, all Commission Members were invited to attend virtually. Case added he would like to thank everyone who serves on a Commission and lends their expertise to advise the Council.
Bob Barker, Flying Cloud Airport Advisory Commission (FCAAC) Chair, stated they advise the Council on matters affecting the operation of the Flying Cloud Airport (FCM). FCAAC monitors changes to laws, rules, and regulations and monitor the final agreement with the Metropolitan Airport Commission (MAC). They also continue to work with the City and MAC to reduce nighttime noise and improve the appearance of the airport. In regards to 2020 accomplishments, MAC performed a physical FCM Sound Study. Microphones were in the community for a week in the summer and they measured the actual noise. Case inquired if the link could be sent to the Council. Getschow responded yes.
Barker stated they received updates on apparent violations of Ordinance No. 97 weight limit, and on the MAC efforts to reduce noncompliant operations. They enjoy continuing to engage with constituent groups, although there were limited opportunities to meet in person.
Case inquired if data is available on weight violations from 2020. Barker responded the data is not included in the PowerPoint but he can provide it. In general, it is a City Council Workshop Minutes January 19, 2020 Page 2
small number of apparent violations on a quarterly basis. They are not recurring violations from the same operator. Case would like to know if it is the same fixed base operator (FBO). Narayanan inquired if the data can be shared with the community. Barker replied yes. Narayanan inquired if there is data showing a correlation between increase in noise and weight of planes. Barker replied the study does include information on the specific type of aircraft responsible for the noise events. Size is not typically a direct correlation to noise.
Barker stated their goals for 2020 included engaging with MAC as they developed the Reliever Airport Visioning Study phase one data collection. They are waiting on Phase two, the recommendations, to be completed. They continue monitoring developments in law changes and regulations regarding Unmanned Aircraft Systems (UAS). This continues to evolve, and there were recent changes even in the last week. There are some applications available providing information to users about where they can operate UAS. They continue to monitor developments in federal noise regulations. Typically they visit the airport, but there were limited opportunities in 2020. They provided comparisons to the Council with annual comparisons.
Barkers stated their specific goals for 2021 are to engage with MAC on the Reliever Airport Visioning Study, to continue to monitor developments with UAS, continue to monitor the noise regulations, and to visit the FCM. They will continue to operate as usual. The 2020 operations summary shows airport operations increased by 20 percent to 122,693, FBO fuel flowage decreased by 19 percent. This is due to the various types of aircraft. Jets consume a lot more fuel than pistons. The increase in pistons were driven by the increase in flight training. In 2020 there were a total of 24,071 noise complaints, an increase of 421 percent. A lot of this is regarding daytime traffic, driven by flight training activity during the day. Most of the focus in previous years was to decrease the nighttime noise. There are a few contributing factors, one of them being more people are home during the day. This year there was an increase in households filing complaints. In 2020, there were complaints from 100 locations, 87 of which were in Eden Prairie.
Narayanan inquired if the noise overall increased or were there more people now aware of the daytime noise. Barker replied both. There were more operations, therefore the frequency increased. He is unaware if there were any factors to make the noise louder. Freiberg inquired at what point it becomes unworkable if the 2020 numbers become the benchmark. Barker stated he could not state a specific number in which it becomes unworkable. The industry was headed towards a shortage of pilots, then 2020 happened. Some big picture questions are still uncertain.
Barker stated there were 63 days in which FCM was busier than the Minneapolis airport (MSP). The map shown indicates where complaints originated from in Eden City Council Workshop Minutes January 19, 2020 Page 3
Prairie. A new area for complaints surfaced this year north of FCM. This is indicative of an increase in those specific flight patterns. Barker thanked the airport manager, community relations coordinator, and staff. Case thanked those who dedicate their time to serving the City on a Commission.
B. HUMAN RIGHTS AND DIVERSITY COMMISSION
Sana Elassar, Human Rights and Diversity Commission (HRDC) member, stated her pronouns are she/her/hers. She wanted to start off the meeting stating we are gathered on the ancestral, traditional and contemporary homelands of the Dakóta. In recent years there was an increase in Commission Members and Student Commission Members. Some of the 2020 HRDC accomplishments include the Eden Prairie Land Acknowledgement Statement. They worked with Christal Moose on drafting a Land Acknowledgement Statement Guide. The Native Pride Dancer pictured is Larry Yazzie, performing at PeopleFest! The annual Human Rights Awards acknowledges people, nonprofits, and businesses nominated for doing incredible work in the community. There was an implementation of free feminine hygiene products in all City facilities. After researching this effort, it seems as though Eden Prairie may be the first City in Minnesota to offer this. 2020 was also the first year hosting a virtual PeopleFest! Celebration. They hosted a trivia game and the Land Acknowledgement Statement was read at the kickoff event at Staring Lake Amphitheater.
Gregory Leeper stated HRDC has typically tried to invite a guest or leader from the community to listen to at their monthly meetings. Pre-COVID-19 they visited People Reaching Out to People (PROP) and PROP Shop. They had a mid-point update from the Housing Task Force from City Staff as well as a final report from the chair. As HRDC crafted their 2021 work plan, they continued to consider their legacy commitments, and they made sure to allocate enough time to work on the Race Equity Initiative. Over the past few months they sought and vetted some consultants. DeYoung Consulting Services was selected and has begun working with the Commission. They crafted a Project Statement to frame their work. The project is about connecting with people in the community and making the City a place to thrive and grow for all community members. They spent the month of December creating a project definition and designing the engagement process. In January there is an internal focus on document review and interviews. In February they will focus on learning from other communities and review literature on best practices. There will also be deep listening to communities. The goal is to bring the findings and recommendations to the Council in July 2021. Leeper stated there will be six areas of inquiry: Emergency Response; Facilities or Program Accessibility and Culture; Recruiting, Hiring and Retention; Connection to Community; Community Experience; and Developing Future Leaders. The HRDC goals are fairly constant year to year: promoting inclusivity, increasing listening avenues, and working City Council Workshop Minutes January 19, 2020 Page 4
towards action and cooperation with other organization in the community. They will continue with community initiatives such as Stop the Trafficking 5K, PeopleFest!, and police community relations events as COVID-19 allows. They will continue to look for opportunities to promote the Land Acknowledgement Statement. They will continue their work in subcommittees and work with the police department if there are any reports of bias crimes or review alleged American with Disabilities Act (ADA) violations.
Case stated his thanks for all the work HRDC does. Narayanan stated he is very impressed with the work HRDC is doing. The work is timely, and he feels we are working to be a leader on addressing systemic racism. He looks forward to viewing the final report. Nelson added if there are items the Council could address prior to the final report she would be interested in those updates. Toomey added her thanks for HRDC’s work.
C. PARKS, RECREATION AND NATURAL RESOURCES COMMISSION
Larry Link, Chair of the Parks, Recreation and Natural Resources Commission (PRNRC), stated one of the goals of the Commission is to provide recreation opportunities for everyone in the community. The recreation programs, specifically the parks and trails, have been a very valuable asset to the community over the last year. A large part of the year was focused on COVID-19 impacts. This year there were many students on the Commission who have contributed as well. The parks have been overflowing this year with a lot of usage. The Community Center, on the other hand, was down in memberships by 50 percent. They continued to meet throughout last year despite COVID-19 impacts. They continued to receive updates from Staff about Community Center ice rinks, fitness, aquatics, and tree management and the Green Corps internship. They paused their master plan last year to discuss in 2021. They analyzed and recommended play structures at Franlo Park and Crestwood Park. In 2019 they began discussions on the program brochure redesign with efforts to direct people to the website for more information. This was a good transition for this year as many of the most recent updates on programming and facilities were available on the website. They reviewed and recommended the Feldmann Sign at the Richard T. Anderson Conservation Area. PRNRC held a joint meeting with the Historical Society Group and Museum.
Link stated they also had discussions about capital improvement projects. These projects continue to evolve each year. One of the more challenging tasks was the input on community center membership pricing concepts. Over the last year there were outdoor classes and virtual classes. Membership is down over 50 percent at this point. They continue to determine what can be done to provide affordable recreation. There were discussions with PRNRC on a new concept at Miller Park for indoor City Council Workshop Minutes January 19, 2020 Page 5
courts. There were some discussions on the Eden Prairie Cemetery Board offer, but the offer was rescinded and is now on hold. The PRNRC also reviewed the deer management program to continue to maintain a healthy deer population.
Link stated over 2020 there was a large impact to programs and facilities. The Community Center developed a large outdoor program and implemented a virtual program. The Community Center was modified to maintain public health safety. PRNRC assisted with hosting Arts in the Park. Some of the recreation programs hosted virtual classes and handed out take home totes. They hosted drive thru events and found ways to keep the beaches open. The trails are continuing to be used year round and parks Staff does a lot of work to keep parks and trails maintained. He thanked staff for their work this last year on continuing to come up with creative ideas during a challenging situation.
Lotthammer stated this previous year they utilized a lot of input from the Commission on the continuous changes to programs. The students especially provided a lot of input. Freiberg inquired what the current numbers are for Community Center memberships. Lotthammer stated for a few months there were no charges to memberships. With recent orders, they are now charging. There are about 1,500 current memberships and continuing to enroll new members. At the peak they were in the 5,000 range for memberships. Toomey thanked the Commission Members for all the time they spend serving the City.
Case noted there is an open podium scheduled this evening. Typically the Council does not get involved in association politics, because they are usually an elected body the Council does not have standing with. He suggests helping to facilitate or offer to connect them to resources.
Open Podium - Council Chamber (6:30)
II. OPEN PODIUM
A. CARLA GESTACH – HENNEPIN VILLAGE HOA
Carla Gestach, 15553 Lilac Drive, stated there are many homeowners in the audience with her today. Their home owners association reported hail damage to their roofs from August they were unaware of. November 1 they received a bill in the mail detailing the costs of a new roof. They spoke with their management association and board of directors inquiring about more information. They have not provided information about inspections, multiple bids from companies to do the work. The management association asked for them to submit a payment plan. They never responded but sent out a letter stating what the payment plan would be and requiring a signature from residents agreeing to a legal document. They are City Council Workshop Minutes January 19, 2020 Page 6
asking for any assistance the Council can provide or advice moving forward. They are planning a meeting to discuss replacing the board of directors in hopes of replacing the management association. The management company’s contract is up in March. The current management company receives 10 percent of the project opportunity, and therefore has no incentive to go with a lower bid.
Case inquired if there are six associations total. Felix Aleyuykov, 15580 Crabapple Lane, stated there are six total. The other four have their own insurance. Mandas Dadhe, 15618 Lilac Drive, clarified some of the other groups are not impacted.
Toomey inquired if residents are paying about $80 monthly to a roofing fund. Gestach replied yes the balance is a little over $1 million. Those funds were allocated to a roofing reserve fund and they were scheduled to have their roofs replaced in 2022. They have asked to use the funds towards these roofing costs and they receive no answers. They are paying $500 towards each person’s deductible when they’ve completed their payment plan.
Case stated as residents they are concerned. As Council they are limited in what they are able to do with associations. What can be done is connecting residents to resources or connections for legal help. Getschow replied the City has sometimes helped mediate and has also connected residents to available resources in these types of situations. Case inquired if this is an issue the City Attorney could assist with. Getschow responded he would not recommend the City Attorney’s use in a private matter. Housing and Community Services Staff could assist with finding the best contacts possible. Case noted Staff will be in communication tomorrow.
Narayanan stated there may be a nonprofit or organization to assist. Neuville stated Jonathan would be a good resource for connecting to those resources. She could also recommend attorneys who have done this type of work as well, although it is unlikely it would be free.
Paari Munisamy, 9900 Pincherry Lane, stated if they are unable to elect a new board they are looking for guidance on other steps they can take. Case stated the City will try to be of any assistance possible through providing connections to resources. Munisamy stated another issue they face is no proof of the initial damage requiring the roof to be replaced. Case responded it may also be beneficial to have a building inspector visit the site.
III. ADJOURNMENT
UNAPPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL MEETING
TUESDAY, JANUARY 19, 2021 7:00 PM, CITY CENTER
CITY COUNCIL: Mayor Ron Case, Council Members Mark Freiberg, PG Narayanan, Kathy Nelson, and Lisa Toomey
CITY STAFF: City Manager Rick Getschow, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, Police Chief Greg Weber, Fire Chief Scott Gerber, 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 City Council Members were present. Council Member Nelson attended the meeting virtually.
II. PLEDGE OF ALLEGIANCE
III. OPEN PODIUM INVITATION
Mayor Case explained that the City Council meetings are being conducted within the State guidelines for social distancing. He expects this format will continue into the summer.
IV. PROCLAMATIONS / PRESENTATIONS
Getschow said there are a few items from the Human Rights and Diversity Commission (HRDC) on tonight’s agenda, with the first item being the reading of a proclamation.
A. DR. MARTIN LUTHER KING, JR. PROCLAMATION
Case read a proclamation proclaiming 2021 as a year to celebrate human rights and diversity.
B. WORDS IN ACTION CONTEST WINNERS
Getschow stated the HRDC put together a Words in Action contest. Two members of the HRDC are here tonight to talk about the contest and to introduce the winners.
Jillian Pearson, HRDC Student Commissioner, gave a PowerPoint presenting the details of the contest. She explained the contest participants were asked to select a quote from Dr. Martin Luther King and write or create visual art about the quote. CITY COUNCIL MINUTES January 19, 2021 Page 2
The four winners are here tonight to accept their prizes.
Asad Alwayed, HRDC Commission member, announced the contest winters who, in turn, described their work and the quote upon which it was based:
1. Under 13 years old: Siri Manikonda, writing Shaunya Kumar, visual art
2. 13 – 18 years old: Miriam Marsan, writing Leah Quintero, writing (presented virtually)
Case reflected he was encouraged by the students who brought their insights and perceptions tonight.
C. HUMAN RIGHTS AWARDS ANNOUNCEMENT
Sana Elassar, HRDC Commission member, announced the start of the annual Human Rights Awards. The goal of the Human Rights Award is to recognize an Eden Prairie individual, non-profit organization, business or youth for their inspiring efforts to promote human rights and diversity and create an inclusive community spirit through actions, activities or programs. She reflected 2020 was a particularly difficult year for human rights and diversity, but the efforts of those who will be nominated for the awards helped to encourage human rights and diversity. After reviewing the nominations received for the awards, the HRDC Commission will determine the winner in March. Winners will be presented to the City Council in May.
Greg Leeper, HRDC Chair, thanked the City Council members for their support for the HRDC and for the Words in Action contest winners.
V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
MOTION: Toomey moved, seconded by Narayanan, to approve the agenda as published. Motion was approved on a roll call vote, with Freiberg, Narayanan, Nelson, Toomey and Case voting “aye.”
VI. MINUTES
A. COUNCIL WORKSHOP HELD TUESDAY, JANUARY 5, 2021
B. CITY COUNCIL MEETING HELD TUESDAY, JANUARY 5, 2021
Getschow noted there is a correction to be made to Page 2, Paragraph3, Item V.C. of the City Council meeting minutes. The words “high school students” should be replaced by “individuals.” In addition, the motion approving the Payment of Claims CITY COUNCIL MINUTES January 19, 2021 Page 3
on Page 6 for the City Council Meeting minutes was made by Council Member Toomey.
MOTION: Narayanan moved, seconded by Freiberg, to approve the minutes of the Council workshop held Tuesday, January 5, 2021, as published, and the City Council meeting held Tuesday, January 5, 2021, as amended. Motion was approved on a roll call vote, with Freiberg, Narayanan, Nelson, Toomey and Case voting “aye.”
VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS
VIII. CONSENT CALENDAR
A. CLERK’S LICENSE LIST
B. APPROVE AGREEMENT WITH AVOLVE SOFTWARE FOR ELECTRONIC PLAN REVIEW
C. RECEIVE 2020 PAY EQUITY REPORT AND APPROVE SUBMITTAL TO THE STATE
D. DECLARE OBSOLETE FIRE SUPPRESSION HOSE AS SURPLUS
E. APPROVE PURCHASE FROM COLE PAPERS INC FOR SOLO RESCUE DECON WASHER AND ACCESSORIES
MOTION: Nelson moved, seconded by Freiberg, to approve Items A-E on the Consent Calendar. Motion was approved on a roll call vote, with Freiberg, Narayanan, Nelson, Toomey and Case voting “aye.”
IX. PUBLIC HEARINGS / MEETINGS
X. PAYMENT OF CLAIMS
MOTION: Narayanan moved, seconded by Toomey, to approve the payment of claims as submitted. Motion was approved on a roll call vote, with Freiberg, Narayanan, Nelson, Toomey, and Case voting “aye.”
XI. ORDINANCES AND RESOLUTIONS
A. FIRST READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 5, RELATING TO GAMBLING
Getschow stated the City Council has discussed lawful gambling in Eden Prairie several times over the last few years, including at the last Council workshop. A non- profit association is looking to get into the pull-tab charitable gaming business. Our CITY COUNCIL MINUTES January 19, 2021 Page 4
code dating back over 25 years has a restriction that states lawful gambling must be conducted at a premise that is owned by the non-profit conducting the gambling. This was the case with an association in Eden Prairie in the 1980’s and 1990’s; however, most of the current groups that would want to conduct lawful gaming would be non-profits that would be leasing space in a restaurant or facility. Based on the desire of the non-profit association to get into the business of lawful gambling, we would need to update the City Code to allow this.
Getschow said the update to the code would apply to any group that would want to do this. Under state law, an organization must obtain both an organizational license and a premises permit for each site from the statement Gambling Control Board. A premises permit requires the approval of the local government in which the proposed site is located. The code amendment updates the code to state an organization does not need to own the building in which they operate the gaming.
Case further explained this is a revision to the current code and is not a new philosophical direction for the City. As an example, we have often issued temporary gambling permits for the Lions Club to conduct Bingo during the summer months.
Getschow stated there are many other parts of the code that are not being updated. There are restrictions included in the state law regarding how the funds are used, and Eden Prairie has limited the number of gambling permits we can issue.
MOTION: Freiberg moved, seconded by Toomey, to approve the first reading of an ordinance amending City Code Chapter 5, Section 5.40, Relating to Gambling. Motion was approved on a roll call vote, with Freiberg, Narayanan, Nelson, Toomey, and Case voting “aye.”
XII. PETITIONS, REQUESTS, AND COMMUNICATIONS
XIII. APPOINTMENTS
Getschow explained there were a couple of appointments done by the City Council at the last meeting that need to be redone because of schedule conflicts for the appointees. Council Members Freiberg and Toomey need to flip the two appointments.
A. APPOINTMENT TO I-494 CORRIDOR COMMISSION
MOTION: Narayanan moved, seconded by Freiberg, to approve the appointment of Council Member Toomey to the I-494 Corridor Commission. Motion was approved on a roll call vote, with Freiberg, Narayanan, Nelson, Toomey, and Case voting “aye.”
B. APPOINTMENT TO SOUTHWEST TRANSIT COMMISSION
MOTION: Toomey moved, seconded by Narayanan, to appoint Council Member Freiberg to the Southwest Transit Board as the Eden Prairie Appointed CITY COUNCIL MINUTES January 19, 2021 Page 5
Representative to complete the two-year term ending December 31, 2021. Motion was approved on a roll call vote, with Freiberg, Narayanan, Nelson, Toomey, and Case voting “aye.”
XIV. REPORTS
A. REPORTS OF COUNCIL MEMBERS
B. REPORT OF CITY MANAGER
C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR
D. REPORT OF PARKS AND RECREATION DIRECTOR
1. Agreement with ISG for Final Design and Construction Documents for Play Area Reconstruction Project at Riley Lake Park
Lotthammer related a couple of years ago Riley Lake Park was updated along the beach area and some of the areas adjacent to the beach. One of the areas left out in the update was the play area because we believed the existing playground equipment had a couple more years of use remaining. The time has come for the play area to be replaced, and staff has worked with the architectural firm, ISG, to develop plans for the project.
Lotthammer gave a PowerPoint presentation providing concepts for the play area reconstruction. The goals of the reconstruction project are to: replace the old play equipment; improve access to circulation/safety; improve sight lines; integrate with the previous phase; add gathering opportunities; and integrate with the pavilion. He displayed the design concepts and some of the equipment that might be used. He explained staff brought the plans to the Parks Commission for their input, and they recommended the addition of a bike path that would not cross the playground area.
Lotthammer then reviewed the next steps which would be to approve the professional services agreement with ISG for the final design and construction documents, bid the project, award the construction contract, and then construct the playground area. Staff will most likely come back in the spring with the recommendation to move forward with the project and to select a responsible contractor. Funding for the project would come from our funds to repair and replace trails and play equipment with some coming from cash park fees. In addition, there may be some funds available from the County; however, we won’t know about that grant for another couple of months. Construction would most likely occur either in the early part of the playground season or during the latter part of the season so the play equipment is available for use during the summer months when the use is heavier.
CITY COUNCIL MINUTES January 19, 2021 Page 6
MOTION: Narayanan moved, seconded by Nelson, to approve the standard agreement for professional services with ISG, Inc. for design and construction document development for Riley Lake Park playground at a cost not to exceed $46,200.00.
Toomey asked how long the construction will take to complete once everything is approved. Lotthammer replied it will take at least a couple of months. He noted there can be an issue in the spring with the timing of road restrictions that impacts the timing; therefore, he expected we would look at starting later in the summer with substantial completion by November 1.
Narayanan asked about plans for water fountains. Lotthammer replied there is a water fountain located just off the pavilion and one down towards the beach. He did not believe we would add any additional fountains.
VOTE ON THE MOTION: Motion was approved on a roll call vote, with Freiberg, Narayanan, Nelson, Toomey, and Case voting “aye.”
E. REPORT OF PUBLIC WORKS DIRECTOR
F. REPORT OF POLICE CHIEF
G. REPORT OF FIRE CHIEF
H. REPORT OF CITY ATTORNEY
XV. OTHER BUSINESS
Case explained he had intended to put this item on the Council Members report. After the insurrection on January 6, Mr. Getschow and he had a discussion regarding what intelligence we regularly get from State and Federal authorities in order to let the people of Eden Prairie feel comfortable that we are “in the know” as much as possible.
Getschow explained as people watch the news and hear what is happening, they might ask about the City in which they live or work. In terms of the specific information we get, things are seeming to be much calmer this evening than was the case a week ago. Our Police Department and the Emergency Management staff do an excellent job of communicating. There is no type of situation where the state, county and suburbs are not communicating amongst each other. Organizations do share information on a regular basis within the Police Department and Emergency Management and share that with the City Manager and the City Council as needed. We have a few people in our own Police Department that are dedicated to following trends and issues and monitoring social media on a regular basis. They can sometimes predict crime before it occurs. As a city, we are part of a group of cities that has an officer in the FBI’s Joint Terrorism Task Force, so we are able to get some firsthand information from that group. He observed we can’t prevent CITY COUNCIL MINUTES January 19, 2021 Page 7
everything from happening, but he believed we have connections in a lot of different places and get a lot of good intelligence. He noted last summer Eden Prairie had very little unrest spill over from Minneapolis.
Case commented he has received some questions from residents. He noted he is also a part of a mayor’s group that communicates among members of the group.
XVI. ADJOURNMENT
MOTION: Freiberg moved, seconded by Toomey, to adjourn the meeting. Motion was approved on a roll call vote, with Freiberg, Narayanan, Nelson, Toomey and Case voting “aye.” Mayor Case adjourned the meeting at 7:56 pm.
CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar February 2, 2021
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
On-Sale and Sunday Liquor License 2AM Closing Permit - Renewal FUN EATS AND DRINKS LLC DBA: Champps
2021 Renewal Licenses
Private Kennel Kathy Meyer 7320 Bagpipe Boulevard
- 1 - CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar February 2, 2021
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development/Planning Flying Cloud Commons VIII.B. Janet Jeremiah/Julie Klima
Requested Action
Move to: • Approve the 2nd Reading of an Ordinance for a Planned Unit Development District Review with waivers on 7.27 acres; • Adopt a Resolution for Site Plan on 5.48 acres • Approve the Development Agreement for Flying Cloud Commons
Synopsis
This is the final approval for Flying Cloud Commons. Oppidan Investment Co. is requesting approval of a request to develop the property at the corner of Flying Cloud Drive and Prairie Center Drive. The proposed project is the third phase of the Castle Ridge Redevelopment project. This phase proposes the construction of approximately 34,000 square feet of commercial uses and reserves a 1.74 acre outlot for a future phase of additional commercial development.
Background
At the 1st reading, there were several outstanding items that needed to be confirmed prior to final approval. All of those items have been addressed.
The 120-Day review period expires on February 2, 2021.
Attachments
1. Ordinance for PUD 2. Ordinance Summary 3. Resolution for Site Plan 4. Development Agreement FLYING CLOUD COMMONS (CASTLE RIDGE RETAIL)
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 1-2021-PUD-1-2021
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING THE DESIGNATION OF CERTAIN LAND WITHIN A 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 action was duly initiated proposing that the designation of the land be amended within the C-COM Zoning District as 1-2021-PUD-1-2021 (hereinafter "PUD-1- 2021”).
Section 3. The City Council hereby makes the following findings:
A. PUD-1-2021 is not in conflict with the goals of the Comprehensive Guide Plan of the City.
B. PUD-1-2021 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-1-2021 are justified by the design of the development described therein.
D. PUD-1-2021 is of sufficient size, composition, and arrangement that its construction, marketing, and operation are feasible as a complete unit without dependence upon any subsequent unit.
Section 4. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of February 2, 2021 entered into between KTJ 331, LLC, a Minnesota limited liability company, and the City of Eden Prairie (hereinafter “Flying Cloud Commons Development Agreement”). The Flying Cloud Commons Development Agreement contains the terms and conditions of PUD-1-2021, and is hereby made a part hereof.
Section 5. Contingent upon receipt by the City of evidence from the Developer that the fully executed and acknowledged Flying Cloud Commons Development Agreement has been filed with the Hennepin County Recorder and Registrar of Titles no later than March 1, 2022, the proposal is hereby adopted and the designation of the land shall be, and hereby is amended in the C-COM Zoning District as Planned Unit Development PUD-1-2020 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 No. 2021-PUD-1-2021 shall become effective from and after its passage and publication and receipt by the City of evidence of filing of the fully executed and acknowledged Flying Cloud Commons Development Agreement as set forth in Section 5 above. Publication shall not occur until the City has received evidence of filing of the Flying Cloud Commons Development Agreement. If the City does not receive evidence of filing of the Flying Cloud Commons Development Agreement as set forth in Section 5 above by March 1, 2022, or such later date as may be approved by resolution of the City Council, the approvals granted by this Ordinance No. 2021-PUD-1-2021 are automatically null and void, which shall be evidenced by adoption by the City Council of a resolution confirming that Ordinance No. 2021- PUD-1-2021 is revoked. The resolution shall direct the City Clerk to file a certified copy of the resolution against the land.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 18th day of August, 2020, 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 2nd day of February, 2021.
ATTEST:
______Kathleen Porta, City Clerk Ronald A. Case, Mayor
PUBLISHED in the Sun Current on ______, 2021.
EXHIBIT A
PUD Legal Description
Legal Description
LEGAL DESCRIPTION FOR OUTLOT B, CASTLE RIDGE 3RD ADDITION Beginning at the most northerly corner of Lot 1, Block 1, FOUNTAIN PLACE; said corner being a corner in the south line of said Outlot B; thence South 48 degrees 28 minutes 47 seconds East, along the northeast line of said Lot 1 on an assumed bearing, a distance of 158.13 feet to the proposed northwesterly right of way line of Flying Cloud Drive (County Road No. 61); thence northeasterly a distance of 340.47 feet along a non-tangential curve concave to the northwest, said curve being said proposed northwesterly right of way line of County Road No. 61, having a radius of 1240.87 feet and a central angle of 15 degrees 43 minutes 15 seconds, the chord of said curve bears North 35 degrees 38 minutes 54 seconds East; thence North 02 degrees 44 minutes 12 seconds East, non-tangent to said curve, a distance of 53.36 feet to the proposed southwesterly right of way line of Prairie Center Drive; thence northwesterly a distance of 56.75 feet along a non-tangential curve concave to the southwest, said curve being the proposed southwesterly right of way line of Prairie Center Drive, having a radius of 166.00 feet and a central angle of 19 degrees 35 minutes 17 seconds, the chord of said curve bears North 45 degrees 15 minutes 43 seconds West; thence North 55 degrees 03 minutes 22 seconds West along said proposed southwesterly right of way line of Prairie Center Drive, tangent to said curve, a distance of 186.85 feet; thence North 47 degrees 49 minutes 22 seconds West, a distance of 95.31 feet along said proposed southwesterly right of way line of Prairie Center Drive to the existing right of way line of said Prairie Center Drive; thence North 55 degrees 03 minutes 22 seconds West along said existing right of way line of Prairie Center Drive, a distance of 65.15 feet; thence northwesterly a distance of 263.54 feet along a tangential curve concave to the northeast, said curve being the said southwesterly right of way line of Prairie Center Drive, having a radius of 1101.71 feet and a central angle of 13 degrees 42 minutes 21 seconds to a proposed angle point in the southwesterly right of way line of Prairie Center Drive; thence South 47 degrees 27 minutes 54 seconds West Along a proposed southwesterly right of way line of Prairie Center Drive, non-tangent to said curve, a distance of 14.08 feet; thence northwesterly a distance of 50.05 feet along a non-tangential curve concave to the northeast, said curve being said proposed southwesterly right of way line of Prairie Center Drive, having a radius of 1115.79 feet and a central angle of 2 degrees 34 minutes 12 seconds, the chord of said curve bears North 40 degrees 04 minutes 48 seconds West; thence South 47 degrees 27 minutes 54 seconds West a distance of 76.19 feet; thence southwesterly and southerly a distance of 236.54 feet along a tangential curve concave to the southeast having a radius of 280.00 feet and a central angle of 48 degrees 24 minutes 10 seconds; thence southerly and southeasterly a distance of 153.78 feet along a compound curve having a radius of 375.00 and a central angle of 23 degrees 29 minutes 45 seconds; thence South 24 degrees 26 minutes 00 seconds East tangent to said curve, a distance of 229.13 feet; thence southerly a distance of 47.79 feet tangent to said curve having a radius of 120.00 and a central angle of 22 degrees 49 minutes 12 seconds; thence South 01 degrees 36 minutes 48 seconds East tangent to said curve, a distance of 12.02 feet to the north line of Outlot C, CASTLE RIDGE 3RD ADDITION; thence North 88 degrees 28 minutes 09 seconds East along the north line of said Outlot C, a distance of 72.27 feet to the northeast corner of said Outlot C; thence South 01 degrees 31 minutes 51 seconds East along the east line of said Outlot C, a distance of 50.00 feet to the southeast corner of said Outlot C; thence North 88 degrees 28 minutes 09 seconds East a distance of 33.52 feet; thence easterly and northeasterly a distance of 148.50 feet along a tangential curve concave to the northwest having a radius of 235.00 feet and a central angle of 36 degrees 12 minutes 25 seconds to the point of beginning.
FLYING CLOUD COMMONS (CASTLE RIDGE RETAIL)
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
SUMMARY OF ORDINANCE NO. 1-2021-PUD-1-2021
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING THE DESIGNATION OF CERTAIN LAND WITHIN A 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:
Summary: This ordinance allows amendment of the zoning designation of land located within the C-COM Zoning District into a Planned Unit Development 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 Sun Current on ______, 2021.
(A full copy of the text of this Ordinance is available from City Clerk.)
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2021-____
A RESOLUTION GRANTING SITE PLAN APPROVAL FOR FLYING CLOUD COMMONS (CASTLE RIDGE RETAIL) BY OPPIDAN INVESTMENT COMPANY
WHEREAS, Oppidan Investment Company, has applied for Site Plan approval of Flying Cloud Commons (Castle Ridge Retail) to construct a retail area as Phase 3 of the Castle Rudge redevelopment project; and
WHEREAS, the Planning Commission reviewed said application at a public hearing at its May 26, 2020 meeting and recommended approval of said site plans; and
WHEREAS, the City Council has reviewed said application at a public hearing at its August 18, 2020 meeting.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that contingent upon receipt by the City of evidence that the fully executed and acknowledged Flying Cloud Commons Development Agreement reviewed and approved by the Council and dated February 2, 2021 between KTJ 331, LLC and the City of Eden Prairie (“Development Agreement”) has been filed with the Hennepin County Recorder and Registrar of Titles no later than March 1, 2022, site plan approval is granted to Oppidan Investment Company, subject to the terms of the Development Agreement.
BE IT FURTHER RESOLVED THAT this Resolution shall become effective from and after its passage, publication, and receipt by the City and filing with the Hennepin County Recorder and Registrar of Titles the fully executed and acknowledged Development Agreement. If the Development Agreement is not filed as set forth above by March 1, 2022, the approval granted herein is null and void.
ADOPTED by the City Council of the City of Eden Prairie this 2nd day of February, 2021.
______Ronald A. Case, Mayor ATTEST:
______Kathleen Porta, City Clerk
DEVELOPMENT AGREEMENT
FLYING CLOUD COMMONS
THIS DEVELOPMENT AGREEMENT (“Agreement”) is entered into as of ______, 2021, by KTJ 331, LLC, a Minnesota limited liability company, hereinafter referred to as “Developer,” its successors and assigns, and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as “City”:
WITNESSETH:
WHEREAS, Developer has applied to City for Planned Unit Development Concept Review on 7.27 acres, Planned Unit Development District Review with waivers on 7.27 acres, Site Plan Review on 5.479 acres, and Preliminary Plat of 7.27 acres into 3 lots and 2 outlots (the “Applications”), for the real property legally described on Exhibit A (the “Property”);
WHEREAS, the Property is currently platted as Outlot B, Castle Ridge 3rd Addition, and is governed by that certain Development Agreement between the City and Presbyterian Homes Housing and Assisted Living, Inc. dated July 16, 2019 and filed December 30, 2019 with the Hennepin County Recorder’s Office as Document No. 10715378 and with the Hennepin County Registrar of Titles Office as Document No. 5655137 (“Castle Ridge Development Agreement”); and
WHEREAS, pursuant to the Castle Ridge Development Agreement, the Property is subject to that certain Declaration of Covenants, Restrictions, and Development Standards Applicable to Castle Ridge Development executed October 11, 2019 and filed December 30, 2019
1 Flying Cloud Commons Development Agreement (Enter approval date) with the Hennepin County Recorder’s Office as Document No. 10740175 and with the Hennepin County Registrar of Titles Office as Document No. 5673503 (the “Castle Ridge Declaration”).
NOW, THEREFORE, in consideration of the City adopting Resolution No. ______for Planned Unit Development Concept Review, Ordinance No. ______for Planned Unit Development District Review on ______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 ______, reviewed and approved by the City Council on August 18, 2020, (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. CASH PARK FEES: Prior to release of the Final Plat, the Developer shall pay cash park fees consistent with the approved Fee Schedule in place at that time. Cash park fees shall be due on the acreage of Lots 1-3 and Outlot A.
4. CROSS ACCESS AND MAINTENANCE DECLARATION: Prior to release of the final plat for the Property, Developer shall provide a Cross Access Easement, Private Utility and Maintenance Declaration over the Property that provides cross access to all tenants and owners within the Property (the “Access and Maintenance Declaration”). The form of the Access and Maintenance Declaration must be approved in writing by the City Engineer, which approval shall not be unreasonably withheld or delayed. This Access and Maintenance Declaration shall address joint vehicle access and maintenance over the private streets, storm sewers, and stormwater management facilities. All of these facilities shall be privately owned and maintained by the Developer or Owner. After approval by the City, Developer shall file the Access and Maintenance Declaration with the Hennepin County Recorder and/or Registrar of Titles’ Office as appropriate immediately after the recording of the final plat and prior to recording of any document affecting the property including but not limited to any mortgage granted by the Developer or owners, their successors and/or assigns.
Prior to the issuance of the first building permit for the Property, Developer shall submit to the City Engineer proof that the Access and Maintenance Declaration has been recorded in the Hennepin County Recorder and/or Registrar of Titles' Office.
6. 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,
2 Flying Cloud Commons Development Agreement (Enter approval date) City need not issue a building or occupancy permit for construction or occupancy on the Land while such a violation is continuing, unless waived by City.
The existence of a violation of City Code or the failure to perform or fulfill an obligation required by this Agreement shall be determined solely and conclusively by the City Manager of the City or a designee.
7. 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.
8. 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.
9. FINAL PLAT: The final plat of the Property shall be recorded with the Hennepin County Recorder or Registrar of Titles’ Office, as applicable, within 90 days of approval by the City Council or within 2 years of approval of the Preliminary Plat, whichever occurs first. If the final plat is not filed within the specified time, the City Council may, upon ten days written notice, to the Developer, consider a resolution revoking the approval.
10. FUTURE DEVELOPMENT: Developer acknowledges that the City has approved development plans only for proposed Lots 1-3, Block 1 and Outlot A, and for the private sidewalk on Outlot B along the private street, as depicted in the Plans. Prior to any additional development or construction on proposed Outlot B, as depicted in the Plans, Developer shall be required to submit detailed development plans, and all other submittals required by the Eden Prairie City Code, and obtain approval of those plans and submittals by the Planning Commission and City Council.
11. GRADING, DRAINAGE, AND STORMWATER POLLUTION PREVENTION PLANS:
A. FINAL GRADING AND DRAINAGE PLAN: Developer agrees that the grading and drainage plans contained in the Plans are conceptual. Prior to the issuance of a land alteration permit for the Property, Developer must submit and obtain the City Engineer’s written approval of a final grading and drainage plan for the Property.
3 Flying Cloud Commons Development Agreement (Enter approval date) The final grading and drainage plan must include: 1. Wetland information, including wetland boundaries, wetland buffer strip boundaries and wetland buffer monument locations; 2. Stormwater Facilities, including all stationary and permanent stormwater BMPs designed, constructed and operated to prevent or reduce the discharge of pollutants in stormwater as well as structures built to collect, convey or store stormwater; 3. Details for all proposed stormwater BMPs and their appurtenant structures, including typical sections and inlet and outlet control structures configurations; 4. Locations and elevations of all emergency overflows for all stormwater BMPs; 5. Any other items required with the land alteration permit application and/or by the City Engineer for release of the permit; and 6. The Developer must also provide written authorization for the off-site grading from the property owner(s) on which the grading is to occur as shown in the Plans to the City prior to issuance of the Land Alteration permit. If authorization is not granted by the property owner(s), the Developer must revise the grading plan such that all grading is within the Property.
B. LAND ALTERATION PERMIT: Developer must submit the following with all land alteration, grading and/or filling permit applications as described below or in accordance with City Code: 1. Design calculations for storm water quality; rate, 100-year high water level (HWL), and volume together with a drainage area map; 2. Financial security in the form of a bond, cash escrow, or letter of credit, equal to 125% of the cost of said improvements, in a format approved by the City and as required by City Code Section 11.55 Subd. 11 (the “Land Alteration Financial Security”); 3. At the request of the City Engineer, a Maintenance & Monitoring Plan must be submitted for all privately owned stormwater facilities to ensure it continues to function as designed in perpetuity, pursuant to and in accordance with Eden Prairie City Code Section 11.55, Subd. 7. The Maintenance & Monitoring Plan must include, at a minimum: a) The party(s) responsible for maintenance; b) Access plans for inspections, monitoring and/or maintenance; c) Planting plan (if applicable); d) Routine and non-routine inspection procedures; e) Frequency of inspections; f) Sweeping frequency for all parking and road surfaces (if applicable); g) Plans for restoration or repairs (including reduced infiltration when applicable); h) Performance standards; i) Corrective actions that will be taken if the Stormwater Facility(s) does not meet performance specifications; and j) Stormwater facilities constructed and installed under a structure must be
4 Flying Cloud Commons Development Agreement (Enter approval date) designed in conformance with the standards outlined in the Minnesota Stormwater Manual (stormwater.pca.state.mn.us). The underground system must be kept off-line until construction is complete 4. Erosion and sedimentation control plan; 5. Copy of the Stormwater Pollution Prevention Plan (SWPPP) if required by the Minnesota Pollution Control Agency Construction Stormwater Permit. 6. Infiltration Practices: All proposed practices, measures and methods must be in accordance with the Minnesota Stormwater Manual (stormwater.pca.state.mn.us). For land alteration permit applications for projects that incorporate infiltration practices as part of the stormwater facility, this includes but is not limited to: a) Construction management practices that will be used to assure the infiltration system(s) will be protected during construction and functional after completion of construction; b) Erosion control measures that will be used to delineate and protect the infiltration system(s) during construction; c) Proposed infiltration volumes in cubic feet and rates in inches per hour; d) Methods that will be used for field verification of infiltration for stormwater infiltration systems; e) Methods that will be used to assure that infiltration is restored, if needed. f) Locations for material storage, materials must not be stockpiled or stored within the proposed infiltration area(s); g) Vehicular access and parking routes, must not be allowed within the infiltration area(s); h) Construction techniques that will be used to protect the infiltration capacity by limiting soil compaction the greatest extent possible, including use of erosion control fencing to delineate the infiltration area and use of low-impact earth moving equipment; i) Geotechnical explorations and infiltration testing results from within the footprint of the infiltration BMPs. In the event that the measured infiltration rates divided in half are less than those assumed in the Stormwater Management Report, the Developer must adjust the design of the BMP accordingly to meet the treatment requirements in City Code. The Stormwater Management Report must also be updated accordingly.
C. STORMWATER FACILITY MONITORING DURING CONSTRUCTION: The Developer must employ the design professional who prepared the final grading plan or a professional engineer (to be approved in writing by the City Engineer) to complete the following: 1. Monitor the construction of Stormwater Facilities and temporary BMPs for conformance to the approved final grading plan, the Minnesota Pollution Control Agency publication entitled “State of Minnesota Storm Water Manual”, and Stormwater Pollution Prevention Plan (SWPPP).
5 Flying Cloud Commons Development Agreement (Enter approval date) 2. Enter all inspection, monitoring, and maintenance activities and/or reports regarding site construction and land alteration permit requirements into the City's web-based erosion and sediment control permit tracking program (currently PermiTrack ESC). Inspections must be conducted at a minimum bi- weekly between April 1 and October 31 and after precipitation events exceeding 0.5 inches.
D. STORMWATER FACILITY MAINTENANCE: Stormwater Facilities, must be maintained by the Developer during construction and for a minimum of two (2) full growing seasons after acceptance of the public infrastructure (as determined by the City Engineer). Repairs completed during this time must be done in accordance with the Land Alteration Permit and City Code Section 11.55 Subdivision 7. Repairs to privately owned and maintained Stormwater Facilities must be done in accordance with the Maintenance and Monitoring Plan. If the Stormwater Facilities are not functioning as designed at the end of the 2 year minimum, the City Engineer may extend the Developer’s maintenance responsibility.
Once the 2 year minimum has been reached or the City has determined that the Stormwater Facilities conform to the design criteria established in the land alteration permit and SWPPP, whichever is longer, the Owner of the Property will be responsible for all future inspections and maintenance of the Stormwater Facilities in accordance with City Code Section 11.55 Subdivision 7. If there is a Drainage Easement present over the Stormwater Facility(s), the easement holder will become responsible.
Pervious surfaces must 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.
E. LAND ALTERATION PERMIT FINANCIAL SECURITY: Prior to release of the Land Alteration Financial Security, Developer must complete implementation of the approved SWPPP. Any remaining Land Alteration Financial Security shall be released to the Person who deposited the Land Alteration Financial Security upon determination by the City that the requirements of City Code Chapter 11.55 and the conditions of the Land Alteration Permit have been satisfactorily performed.
12. IRRIGATION PLAN: Developer shall submit to the City Planner and receive the City Planner’s written approval of a plan for irrigation of the landscaped areas on the Property. The irrigation plan shall be designed so that water is not directed on or over public trails and sidewalks.
Developer shall complete implementation of the approved irrigation plan in accordance with the terms and conditions of Exhibit C prior to issuance of any occupancy permit for
6 Flying Cloud Commons Development Agreement (Enter approval date) the Property.
13. LANDSCAPE & TREE REPLACEMENT PLAN: Prior to building permit issuance, the Developer shall submit to the City Planner and receive the City Planner's written approval of an executed landscape agreement and a final landscape plan for the Property including all proposed trees shrubs, perennials, and grasses as depicted on the Exhibit B Plans for Lots 1-3, Block 1 and Outlot A.
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 for Lots 1-3, Block 1 and Outlot A.
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 for Lots 1-3, Block 1, and Outlot A. 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. Landscaping for Outlot B shall be reviewed and approved with future development plans and is not approved with this Agreement or the Exhibit B Plans.
14. MECHANICAL EQUIPMENT SCREENING: Developer shall submit to the City Planner, and receive the City Planner's written approval of a plan for screening of mechanical equipment on the Property. For purposes of this paragraph, "mechanical equipment" includes gas meters, electrical conduit, water meters, and standard heating, ventilating, and air-conditioning units. Security to guarantee construction of said screening shall be included with that provided for landscaping on the Property, in accordance with City Code requirements. Developer shall complete implementation of the approved plan prior to issuance of any occupancy permit for the Property.
If, after completion of construction of the mechanical equipment screening, it is determined by the City Planner, in his or her sole discretion, that the constructed screening does not meet the Code requirements to screen mechanical equipment from public streets and
7 Flying Cloud Commons Development Agreement (Enter approval date) 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.
15. 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, and Riley Purgatory Bluff Creek Watershed District.
The City Planner may determine that conditions of approval required by the Riley Purgatory Bluff Creek Watershed District require changes to the City approvals which may entail additional City review, including public hearing(s) for recommendation by the Planning Commission and approval by the City Council. Developer consents to such additional review as determined by the City Planner and agrees to an extension pursuant to Minn. Stat. Section 15.99 of an additional 60 days for the addition review.
16. PERFORMANCE STANDARDS: Developer agrees that the Property will be operated in a manner meeting all applicable noise, vibration, dust and dirt, smoke, odor and glare laws and regulations. Developer further agrees that the facility upon the Property shall be operated so noise, vibration, dust and dirt, smoke, odor and glare do not go beyond the Property boundary lines.
17. PRIVATE UTILITIES: The private sanitary sewer and water mains to serve this Property are to be constructed as part of the obligations under the Castle Ridge Development Agreement. These mains must be in place and utility extensions and connections as shown on the Plans implemented and in operation prior to the issuance of any occupancy permit for the Property.
18. PUBLIC ART: The Exhibit B plans include areas designated for public art. The Developer shall submit to the City for its approval proposals for the public art. Developer and City shall work together to evaluate the proposals and select the art and timing of installation. The Developer’s obligations to pay for public art required hereunder shall not exceed an aggregate total of $40,000 for the total cost of the artwork installed (which includes design, engineering, and landscaping for the public art). The original artwork cost does not include the cost for bike racks.
19. PUBLIC USE OF STREETS: The private streets 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 Castle Ridge Declaration and the Access and
8 Flying Cloud Commons Development Agreement (Enter approval date) Maintenance Declaration referenced in paragraph 5 of this Agreement.
20. PUD WAIVERS GRANTED: The City hereby grants the following waivers to City Code requirements within the Community Commercial Zoning District through the Planned Unit Development District Review for the Property and incorporates said waivers as part of PUD (list PUD number). These waivers are not approved for Outlot B. Outlot B will require a separate review process:
1. Public Street Frontage for Lot 1. City Code requires that all lots have frontage on a public street. Lot 1 shall be approved without public street frontage. This lot is served by the private drives that provide access through the master project area.
2. Minimum lot size. The minimum lot size required in the Community Commercial zoning district is 5 acres. The zoning for this property was established with the 2008 Castle Ridge project. The parcels do not meet the 5 acre size requirement. The overall commercial site is approximately 7.3 acres in size. The smaller parcel sizes (ranging from 0.7 to 2.76 acres) allow for flexibility within the PUD to maximize a mix of uses to serve the nearby and adjacent residents.
3. Minimum lot depth and lot width. City Code requires a minimum lot width and lot depth of 300 feet in the Community Commercial zoning district. The overall commercial area of this master project area exceeds these dimensions. However, the individual parcels do not meet these requirements. The smaller parcel dimensions allow for flexibility within the PUD to maximize a mix of uses to serve the nearby and adjacent residents.
4. Parking Setback on Lot 2. City Code requires a 10 foot setback from side and rear property lines for parking. Lot 2 is allowed a 3 foot setback along the side property line shared with Fountain Place. The additional area allows for the construction of parking stalls to serve Lot 2.
5. Parking Lot Island Width and Size. City Code requires that parking lot islands have a minimum width of 5 feet and be 160 square feet in size. The parking islands are required to occupy 5% of the parking lot area. In this phase, the area dedicated to parking lot islands exceeds the 5% requirement at 13.7%. However, 6 of the 32 parking lot islands do not maintain a 5 foot width for their entire perimeter and 6 of the islands do not meet the 160 square foot size requirement. The overall parking areas provide more than double the required island areas.
6. Parking Stalls on Lot 3. The developer has revised the layout of the proposed building and parking on Lot 3 in 9 Flying Cloud Commons Development Agreement (Enter approval date) response to Planning Commission comments. The reconfiguration has allowed the separation of the access points for Lot 3 (Bank of America) and Lot 2 (ChickFilA drive through). The reconfiguration results in Lot 3 providing 22 stalls rather than the 24 stalls required by City Code. The separation of the access points increases vehicular and pedestrian safety and reduces opportunity for circulation confusion.
21. REAFFIRMING CONDITIONS OF DEVELOPMENT AGREEMENT: Developer agrees to all of the terms, conditions and obligations of “Developer” under the Castle Ridge Development Agreement, contained in paragraphs 5, 6, 34, and 35 thereof.
22. 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 agrees that the materials to be used shall be compatible with those used on adjacent lands within the Castle Ridge Development Agreement and Paravel Development Agreement.
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.
23. SIDEWALK AND TRAIL CONSTRUCTION: Developer shall complete implementation of the approved private sidewalks as shown in the Plans, including the private sidewalk within Outlot B, in accordance with the terms of Exhibit C prior to issuance of any occupancy permit for the Property. All private sidewalks shall be governed by the terms of the Access and Maintenance Declaration required by paragraph 5 of this Agreement and the Castle Ridge Declaration. Private sidewalks shall be open to the use of the public for purposes of pedestrian traffic.
A ten (10) foot wide bituminous public trail shall be constructed as shown in the Plans within the right-of-way located from the existing sidewalk on the south side of Prairie Center Drive to the west Property line abutting Flying Cloud Drive. Prior to issuance by City of any building permit on the Property, Developer shall submit to the Director of Parks and Recreation Services and obtain the Director's written approval of detailed plans for a trail to be constructed on the Property.
Developer shall complete implementation of the approved plans in accordance with the terms of Exhibit C prior to issuance of any occupancy permit for the Property. Bonding in
10 Flying Cloud Commons Development Agreement (Enter approval date) accordance with City Code shall be required for the public trail construction.
24. 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.
25. 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.
26. 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.
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; decorative lighting; bollards; benches; decorative planters; decorative trash receptacles; wrought iron aluminum fencing all the above in accordance with and as depicted in the Plans. Site amenities shall be coordinated with the amenities provided in the overall Castle Ridge Redevelopment project area regardless of specifications provided in the Exhibit B Plans. No permit shall be issued for any improvement to be constructed by Developer’s tenants, including but not limited to restaurant 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.
27. 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.
28. STRUCTURE SETBACKS FROM 100 YEAR FLOOD ELEVATION: All permanent structures which will abut existing wetlands or storm water treatment basins must have a minimum setback of 30 feet from the 100-year flood elevation as shown on the Plans.
11 Flying Cloud Commons Development Agreement (Enter approval date)
29. SUSTAINABILITY FEATURES: The Developer shall provide sustainable components as provided in the Exhibit B plans. The electric vehicle charging stations shall be installed prior to issuance of a Certificate of Occupancy for the building located on the same lot as the charging stations.
30. 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.
31. TREE REPLACEMENT: The Developer agrees to meet a portion of the Tree Replacement requirements for Lots 1-3 and Outlot A through payment in lieu. The tree replacement requirement is 45 caliper inches. City Code allows for this requirement to be met through payment in lieu per caliper inch. Prior to release of the final plat, Developer shall submit to the City payment for this requirement consistent with the adopted fee schedule at that time.
Tree Replacement requirements for Outlot B shall be 119 caliper inches and will be accounted for at the time of review of development plans for Outlot B.
32. 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 D.
33. CONTRACTOR PARKING: The Developer must provide contractor parking areas (i) within the project boundaries or (ii) on neighboring properties for which Developer has a separate agreement that allows parking, 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. Copies of the executed separate agreements authorizing parking on neighboring properties shall be submitted with the plan.
34. PUBLIC GATHERING SPACES: The public gathering spaces provided on Lots 2 and 3 and Outlot A shall be open and available to the public. These areas shall include the amenities and site improvements provided on the Plans. Construction and maintenance of these areas is the responsibility of the Developer.
35. VACATION OF DRAINAGE AND UTILITY EASEMENTS: 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 drainage and utility easements within the portion of Castlemoor Drive that was vacated per Document 10740171; (ii) written evidence that all utility companies with infrastructure within the drainage and utility easements have consented to the vacation of the drainage and utility
12 Flying Cloud Commons Development Agreement (Enter approval date) easements 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 drainage and utility easements as presented in the Plans.
36. VACATED CASTLEMOOR DRIVE. Until construction or development activities require the removal, modification, or temporary closure of Castlemoor Drive 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. The terms and conditions of this paragraph 36 will no longer apply once the private streets connecting Columbine Road and Prairie Center Drive are constructed and open to traffic.
37. RECORDING: Developer shall not file this Agreement with the Hennepin County Recorder/Registrar of Titles Office for recording unless and until Developer acquires fee title to the Property, unless Developer (i) provides to the City and obtains City approval of the City’s standard owner’s supplement signed by the record owner of the Property; and (ii) includes such owner’s supplement with the filed Agreement.
If the City Council adopts a resolution confirming the revocation of Ordinance No. 2021- PUD-__2021, as provided in Section 7 of that ordinance, this Agreement shall be null and void and of no further force and effect and the parties shall sign a termination to that effect.
13 Flying Cloud Commons Development Agreement (Enter approval date) 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 ______, 2021, 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
14 Flying Cloud Commons Development Agreement (Enter approval date)
KTJ 331, LLC
By ______Its ______
STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ____ day of ______, 2021, by ______, the , of ______, a ______, on behalf of the company.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344
15 Flying Cloud Commons Development Agreement (Enter approval date) EXHIBIT A
DEVELOPMENT AGREEMENT –FLYING CLOUD COMMONS
Legal Description Before Final Plat Outlot B, Castle Ridge 3rd Addition, Hennepin County, Minnesota
Legal Description After Final Plat Lots 1-3, Block 1, Outlots A and B, Castle Ridge 5th Addition
16 Flying Cloud Commons Development Agreement (Enter approval date)
EXHIBIT B DEVELOPMENT AGREEMENT –FLYING CLOUD COMMONS
Cover Sheet C001 dated 1/12/2021 by Westwood Preliminary Plat C002 dated 1/12/2021 by Westwood Existing Conditions C100 dated 1/12/2021 by Westwood Tree Inventory Plan C101 dated 1/12/2021 by Westwood Site Plan C200 dated 1/12/2021 by Westwood Grading Plan C300 dated 1/12/2021 by Westwood Cut-Fill Plan C301 dated 1/12/2021 by Westwood Erosion Control Plan C400 dated 1/12/2021 by Westwood Sanitary and Watermain Plan C500 dated 1/12/2021 by Westwood Storm Sewer Plan C501 dated 1/12/2021 by Westwood Details C600 dated 1/12/2021 by Westwood Details C601 dated 1/12/2021 by Westwood Overall Landscape Plan L100 dated 1/12/2021by Westwood Lot 1 Landscape Plan L200 dated 1/12/2021 by Westwood Outlot A Enlargement Area L300 dated 1/12/2021 by Westwood Lots 2 & 3 Landscape Plan L400 dated 1/12/2021 by Westwood Lot 2 & 3 Enlargement Area L500 dated 1/12/2021 by Westwood Outlot B Landscape Plan L600 dated 1/12/2021 by Westwood Landscape Details L700 dated 1/12/2021 by Westwood Lighting Plan E100 dated 1/12/2021 by Westwood
Exterior Elevations Sheets 1-6 dated 3/10/2020 by Chick-fil-A Floor Pan dated 3/101/2020 by Chick-fil-A
Bank of America Cover Sheet stamp dated received 7/29/2020 Sheet A09.11A Exterior Elevations dated 5/1/2020 by Architectural Design Collaborative, Inc. Sheet 0A09.11B Exterior Elevations dated 5/1/2020 by Architectural Design Collaborative, Inc.
Preliminary 1st Floor Plan Sheet A1.0 dated 11/11/19 by Charles Levin Architects Preliminary Roof Plan Sheet A3.0 dated 11/11/19 by Charles Levin Architects Exterior Elevations Sheet A4.0 dated 11/11/19 by Charles Levin Architects Exterior Elevations Trees and Shadows Sheet A4.1 dated 11/11/19 by Charles Levin Architects
City Council Submittal stamp dated received by Planning Department 7/29/2020 by Oppidan Investment Company (Pages 1-3)
17 Flying Cloud Commons Development Agreement (Enter approval date) EXHIBIT C DEVELOPMENT AGREEMENT – FLYING CLOUD COMMONS
I. Prior to release of any building permit, Developer shall submit to the City Engineer for approval two copies of a development plan (1" =100' scale) showing existing and proposed contours, proposed streets, and lot arrangements and size, minimum floor elevations on each lot, preliminary alignment and grades for sanitary sewer, water main, and storm sewer, 100-year flood plain contours, ponding areas, tributary areas to catch basins, arrows showing direction of storm water flow on all lots, location of walks, trails, and any property deeded to the City.
II. Developer shall submit detailed construction and storm sewer plans to the Watershed District for review and approval. Developer shall follow all rules and recommendations of said Watershed District.
III. Developer shall pay cash park fees as to all of the Property required by City Code in effect as of the date of the issuance of each building permit for construction on the Property.
IV. If Developer fails to proceed in accordance with this Agreement within twenty-four (24) months of the date hereof, Developer, for itself, its successors, and assigns, shall not oppose the City’s reconsideration and rescission of any Rezoning, Site Plan review and/or Guide Plan review approved in connection with this Agreement, thus restoring the status of the Property before the Development Agreement and all approvals listed above were approved.
V. Provisions of this Agreement shall be binding upon and enforceable against the Property and the Owners, their successors and assigns of the Property.
VI. The Developer hereby irrevocably nominates, constitutes, and appoints and designates the City as its attorney-in-fact for the sole purpose and right to amend Exhibit A hereto to identify the legal description of the Property after platting thereof.
VII. Developer represents that it has marketable fee title to the Property, except:
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.
18 Flying Cloud Commons Development Agreement (Enter approval date)
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 City fees for the first three (3) years’ street lighting on the public streets adjacent to the Property (including installation costs, if any, as determined by electrical power provider), engineering review, and street signs.
X. Developer shall submit detailed water main, fire protection, and emergency vehicle access plans to the Fire Marshal for review and approval. Developer shall follow all the recommendations of the Fire Marshal.
XI. Developer acknowledges that the rights of City performance of obligations of Developer contemplated in this agreement are special, unique, and of an extraordinary character, and that, in the event that Developer violates, or fails, or refuses to perform any covenant, condition, or provision made herein, City may be without an adequate remedy at law. Developer agrees, therefore, that in the event Developer violates, fails, or refuses to perform any covenant, condition, or provision made herein, City may, at its option, institute
19 Flying Cloud Commons Development Agreement (Enter approval date) 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 ½ 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. The Developer shall record the Development Agreement at the County Recorder and / or Registrar of Titles, subject to the provisions of Paragraph 37 of this Agreement. The final
20 Flying Cloud Commons Development Agreement (Enter approval date) 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.
21 Flying Cloud Commons Development Agreement (Enter approval date) 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.
22 Flying Cloud Commons Development Agreement (Enter approval date) EXHIBIT D - MORTGAGEE CONSENT AND SUBORDINATION DEVELOPMENT AGREEMENT – FLYING CLOUD COMMONS
23 Flying Cloud Commons Development Agreement (Enter approval date)
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 ______, 2021 by KTJ 331, LLC to the City of Eden Prairie.
By:
Its:
STATE OF MINNESOTA ) ( ss. COUNTY OF ______)
The foregoing instrument was acknowledged before me this _____ day of ______, 20__, by ______.
______Notary Public
24 Flying Cloud Commons Development Agreement (Enter approval date) EXHIBIT A to Mortgagee Consent and Subordination
Legal Description Before Final Plat Outlot B, Castle Ridge 3rd Addition, Hennepin County, Minnesota
Legal Description After Final Plat Lots 1-3, Block 1, Outlots A and B, Castle Ridge 5th Addition
25 Flying Cloud Commons Development Agreement (Enter approval date) ) ss.
26 Flying Cloud Commons Development Agreement (Enter approval date) CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar February 2, 2021
DEPARTMENT / DIVISION: ITEM DESCRIPTION: ITEM NO.: City Attorney Second Reading of an Ordinance Amending VIII.C. Maggie Neuville City Code Chapter 5, Section 5.40, Relating to Gambling
Requested Action
Move to: Approve Second Reading of an Ordinance Amending City Code Chapter 5, Section 5.40, Relating to Gambling
Synopsis
The City was recently approached by the Eden Prairie Hockey Association (EPHA) regarding the City’s regulations on lawful gambling. EPHA would like to sell pull-tabs at one or more bars or restaurants in the City as a fundraising effort to help reduce the cost of fees, equipment, ice time, and other expenses for EPHA participants. Under state law, EPHA must obtain both an organizational license and a premises permit for each site from the statewide Gambling Control Board. A premises permit requires the approval of the local government in which the proposed site is located.
The City’s gambling regulations are contained in City Code Section 5.40. Currently, the Code states that any organization that conducts lawful gambling in the City must own the site at which the gambling is conducted. This is more stringent than state law, which allows an organization to either own or lease a site. EPHA will not own any of the sites at which it proposes to sell pull-tabs, so a Code amendment is required to allow the Council to approve a premises permit for a leased site. At the Council Workshop on January 5, 2021, the Council directed staff to prepare such an amendment.
The attached ordinance removes the ownership requirement and will allow the Council to approve a premises permit for EPHA or any other organization wishing to conduct lawful gambling in the City that meets all other state licensing requirements. The ordinance still provides a limit on the number of sites at which lawful gambling can be conducted in the City and prohibits more than one organization from conducing gambling at a single site. The ordinance includes other non-substantive and housekeeping- type revisions that account for changes in state law that have occurred since the section was last revised in 1994.
The Council unanimously approved the first reading of the ordinance on January 19, 2021. No changes have been made since the first reading.
Attachments
Ordinance Summary Ordinance Resolution Approving Summary CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. __-2021
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 5, SECTION 5.40 RELATING TO GAMBLING AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 5.99 WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS:
Section 1. City Code Chapter 5, Section 5.40, is hereby deleted in its entirety and replaced with the following:
SECTION 5.40. - GAMBLING.
Subd. 1. Purpose. The purpose of this section is to regulate and control the conduct of certain gambling activities pursuant to the provisions of Minnesota Statutes Chapter 349.
Subd. 2. Definitions. For the purposes of this section the terms used herein shall have the meanings defined or as used in Minnesota Statutes Chapter 349.
Subd. 3. Prohibition. There shall be no gambling in the City except in accordance with the provisions of this section and the provisions of Minnesota Statutes Chapter 349 and rules adopted pursuant thereto. No organization may conduct lawful gambling in the City unless such organization is in full compliance with the licensing and permitting requirements of Minnesota Statutes Chapter 349.
Subd. 4. Exceptions. The provisions of this section shall not apply to the limited gambling activities described in Minnesota Statutes Section 349.166 provided there is compliance with all conditions imposed by that section and the rules and regulations of the Board relating thereto.
Subd. 5. Approval by Council. All forms of lawful gambling authorized by Minnesota Statutes Chapter 349 may be approved by the Council for conduct within the City subject to the provisions of this this Section and other applicable law.
Subd. 6. Application for Approval of Premises Permit. An organization seeking to obtain the City’s approval of a premises permit from the Gambling Control Board (“Board”) shall file with the Police Department an executed, complete duplicate application, together with all exhibits and documents accompanying the application as filed with the Board, as well as a certification of the date the application was filed with the Board. The application and accompanying exhibits and documents shall be filed in the Police Department not later than three (3) days after they have been filed with the Board. After review of the application and consideration of the conditions of Subdivision 7, the Chief of Police shall recommend approval or disapproval of the premises permit to the Council. The Council shall approve or disapprove the premises permit by resolution within ninety (90) days of the date the application was filed with the Board. Subd. 7. Conditions. A premises permit shall be disapproved if the issuing thereof would result in a violation of any of the following conditions:
A. Lawful gambling shall be limited to four (4) premises within the City, plus one (1) premise for each ten thousand (10,000) persons residing therein in excess of forty thousand (40,000).
B. No more than one (1) premises permit will be approved for the conduct of lawful gambling on any single premises.
Subd. 8. Tax.
A. There is hereby imposed a tax on all lawful gambling conducted in the City by licensed organizations
B. An organization’s receipts from lawful gambling that is exempt from licensing under Minnesota Statutes Section 349.166 are not subject to the tax imposed by this subdivision.
C. The tax is one percent (1%) of the gross receipts of a licensed organization from lawful gambling less prizes actually paid out.
D. The tax imposed by this subdivision shall be paid by the organization on a monthly basis and shall be reported on a copy of the gambling tax return filed with the Board each month. The report shall be an exact duplicate of the report filed with the Board without deletions or additions and must contain the signatures of organization officials as required on the report form.
E. The tax return and payment of the tax due must be postmarked or, if hand-delivered, received in the office of the City Finance Director on or before the last business day of the month following the month for which the report is made.
An incomplete tax return will not be considered timely filed unless corrected and returned by the due date for filing. Delays in mailing, mail pickups, and postmarking are the responsibility of the organization.
The tax return and tax payment shall be delivered to:
Finance Director 8080 Mitchell Road Eden Prairie, MN 55344-2230
There shall be an interest charge of eight percent (8%) on all overdue taxes owed by an organization under this section.
F. The Council shall disapprove any application for issuance or renewal of a premises permit for any organization that owes delinquent taxes to the City. Further, the Finance Director may notify the Board of any organization owing delinquent gambling taxes to the City and may request that the Board revoke or suspend the organization’s license or premises permit. The Council shall not approve, issue, or renew any on-sale or off-sale alcoholic beverage license or consumption and display permit to any organization which owes delinquent gambling taxes to the City. The above remedies are not exclusive and shall be in addition to any other powers and remedies provided by law.
Subd. 9. Expenditures for Lawful Purposes.
A. Each licensed organization must contribute ten percent (10%) per year of its net profits derived from lawful gambling conducted at premises within the City to a fund administered and regulated by the City, without cost to the fund, for disbursement by the City for lawful purposes.
B. Each licensed organization conducting lawful gambling within the City must expend at least thirty percent (30%) of its expenditures for lawful purposes on lawful purposes conducted or located within the City’s trade area. The thirty percent (30%) of its expenditures shall be in addition to the ten percent (10%) of its net profits contributed to the City pursuant to Subdivision 9.A. The City’s trade area is hereby defined to be the geographical limits of the City and the geographical limits of each City contiguous to the City to-wit: the cities of Bloomington, Edina, Minnetonka, Chanhassen, Shakopee, and Savage, Minnesota.
Subd. 10. Records and Reports.
A. Organizations licensed by the Board and conducting lawful gambling within the City shall file with the City’s Finance Director one (1) copy of all records and reports required to be filed with the Board pursuant to Minnesota Statutes Chapter 349. Such records and reports shall be filed on or before the day they are required to be filed with the Board.
B. Every gambling occasion in the City conducted by an organization shall be open to inspection by the City’s police officers and other employees.
C. The City’s police officers and employees may inspect at any reasonable time without notice or search warrant all records of a licensed organization including gambling accounts and other bank records required by the Board to be maintained and preserved.
Section 2. City Code Chapter 1 entitled “General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation” and Section 5.99 entitled “Violation a Misdemeanor” are hereby adopted in their entirety, by reference, as though repeated verbatim herein.
Section 3. This ordinance shall become effective from and after the date of its passage and publication.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 19th day of January, 2021, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 2nd day of February, 2021.
______Kathleen Porta, City Clerk Ronald A. Case, Mayor
Published in the Eden Prairie Sun Sailor on the 11th day of February, 2021. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
SUMMARY OF ORDINANCE NO. __-2021
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 5, SECTION 5.40 RELATING TO GAMBLING AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 5.99 WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS.
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Summary: This ordinance amends City Code Section 5.40 relating to gambling to remove the restriction that a licensed organization that wishes to conduct lawful gambling in the City must own the premises on which the gambling will be conducted. The ordinance also makes other non-substantive changes to reflect amendments in state law related to lawful gambling.
Effective Date: This Ordinance shall take effect upon publication.
ATTEST:
______Kathleen Porta, City Clerk Ronald A. Case, Mayor
PUBLISHED in the Eden Prairie Sun Sailor on ______, 2021.
(A full copy of the text of this Ordinance is available from City Clerk.)
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2021-
A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO. ____-2021 AND ORDERING THE PUBLICATION OF SAID SUMMARY
WHEREAS, Ordinance No. ______was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie held on the 2nd day of February, 2021.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, THAT THE CITY COUNCIL FINDS, DETERMINES, AND ORDERS AS FOLLOWS:
A. Ordinance No. ______is lengthy.
B. The text of summary of Ordinance No. ______, 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 Sun Sailor 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 No. ______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 February 2, 2021.
______Ronald A. Case, Mayor
SEAL ATTEST:
______Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE SECTION: Consent Calendar February 2, 2021
DEPARTMENT / DIVISION ITEM DESCRIPTION ITEM NO. Department Approve purchase from Jefferson Fire and VIII.D. Scott Gerber/Fire Department Safety of Turnout Gear Washers
Requested Action
Move to: Approve the purchase of replacement turnout gear washers for fire stations 1, 2, and 3 from, Jefferson Fire and Safety. Jefferson Fire and Safety quote of $29.215.35 is bid from the State contract and being paid for with 2021 CIP funds allotted for this project.
Synopsis
This purchase will replace twenty-year-old non-compliant turnout gear washers. The new turnout gear washers meet current NFPA requirements.
Attachments
Quote - Jefferson Fire and Safety Goods and Services Contract
CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar February 2, 2021
DEPARTMENT / DIVISION: ITEM DESCRIPTION: ITEM NO.: Jonathan Stanley, Office of Approve Written Consent Related to VIII.E. Housing & Community Services Increase in Debt Amount for Cascade at Town Center Janet Jeremiah, Community Development
Requested Action
Move to: Approve Written Consent Pursuant to Amended and Restated Project Management Agreement by and between the City of Eden Prairie and LP EP Apartments LLC – Cascade at Town Center
Synopsis
The City provides tax-increment financing (TIF) assistance to Cascade at Town Center (formerly Lincoln Parc), located at 8090 Eden Road. The City and Developer, LP EP Apartments LLC, are parties to a Project Management Agreement that sets out the terms and conditions of that TIF assistance, including the requirement that the developer maintain a certain number of affordable units in the project.
The Project Management Agreement provides that the Developer may not incur debt without the City’s written approval. In 2017, when the current Developer acquired the project, the City consented the Developer incurring debt in the amount of $32,000,000. The original loan has reached maturity and, after making improvements to the project that have increased its value, Developer is refinancing the loan to include an additional $3,300,000, for a new total principal amount of $35,300,000. Developer has requested that the City consent to the additional debt.
After reviewing the request, staff and the City Attorney recommend approval.
Attachment
Written Consent
WRITTEN CONSENT
PURSUANT TO AMENDED AND RESTATED PROJECT MANAGEMENT AGREEMENT
BY AND BETWEEN THE CITY OF EDEN PRAIRIE (CITY) AND LP EP APARTMENTS LLC (DEVELOPER)
CASCADE AT TOWN CENTER
This WRITTEN CONSENT (this “Consent”) is made this ___ day of ______, 2021 (the “Effective Date”), by THE CITY OF EDEN PRAIRIE, a public body corporate and politic under the laws of the State of Minnesota (“City”) for the sole purposes of the City providing its consent set forth in Paragraph 1 below. The Consent consists of:
1. The body of the Consent; and
2. Exhibit A – Legal description of the Project property
R E C I T A L S :
A. LP EP APARTMENTS LLC, a Delaware limited liability company (“Developer”) is the owner of that certain real property located in the City at 12100 Singletree Lane and legally described as set forth on Exhibit A (the “Project”).
B. The City and Developer’s predecessors-in-interest with respect to the Project entered into certain agreements from time to time which included that certain Project Management Agreement by and between Hartford Associates, LLC, a Minnesota limited liability company, and the City dated June 20, 2000, and recorded in the office of the Registrar of Titles, Hennepin County, Minnesota, on November 9, 2000, as Document No. 3331466, as assigned by Hartford Associates, LLC to Lincoln Parc Apartments, LLC, a Minnesota limited liability company (“Prior Owner”, pursuant to that certain Assignment of Project Management Agreement by and between the City and Hartford Associates, LLC, dated October 25, 2000, and recorded in the office of the Registrar of Titles, Hennepin County, Minnesota, on November 9, 2000, as Document No. 3331467. The following amendments and assignments were subsequently recorded with the Hennepin County Registrar of Titles pertaining to the Project:
1. Amendment No. 1 to Management Agreement dated November 14, 2000 and recorded in the office of the Registrar of Titles, Hennepin County, Minnesota, on December 6, 2000, as Document No. 3339042.
-1- Error! Unknown document property name.
2. Amendment No. 2 to Project Management Agreement dated September 30, 2003 and recorded in the office of the Registrar of Titles, Hennepin County, Minnesota, on November 5, 2003, as Document No. 3871169.
3. Amendment No. 3 to Project Management Agreement and Subordination Agreement by and between the City and Prior Owner dated February 1, 2011, and recorded in the office of the Registrar of Titles, Hennepin County, Minnesota, on February 23, 2011, as Document No. 4836565.
4. Assignment of Project Management Agreement dated February 1, 2011, and recorded in the office of the Registrar of Titles, Hennepin County, Minnesota on February 23, 2011, as Document No. 4836566.
5. Amendment No. 4 to Project Management Agreement dated March 31, 2015, and recorded in the office of the Registrar of Titles, Hennepin County, Minnesota, on April 14, 2016, as Document No. 5340165.
6. Second Amendment to Project Management Agreement by and between the City and Prior Owner, dated as of September 17, 2002 and recorded in the office of the Registrar of Titles, Hennepin County, Minnesota, on December 21, 2017, as Document No. T05499875.
7. Assignment and Assumption of Project Management Agreement (the “2017 Assignment”) dated December 20, 2017, filed December 21, 2017, as Document No. T05499877, from Prior Owner, as Assignor, to Developer, as Assignee.
The above-described Project Management Agreement, Amendments No. 1, 2, 3, 4, the Second Amendment, and the Assignment dated February 1, 2011 and the 2017 Assignment are referred to collectively as the “Original PMA”).
C. Developer and the City entered into that certain Development Agreement dated November 13, 2018, filed with the Hennepin County Registrar of Titles on November 30, 2018 as Document No. T05579298, pertaining to the Project (the “Development Agreement”).
D. Developer and the City agreed to amend and restate the Original PMA and entered into that certain Amended and Restated Project Management Agreement dated as of March 5, 2019, filed with the Hennepin County Registrar of Titles on March 6, 2019 as Document No. T05598669, pertaining to the Project (together with all subsequent amendments, modifications, renewals and extensions thereof after the date hereof, collectively referred to as the “PMA”).
E. In Section 4(c) of the 2017 Assignment, the City consented to Developer incurring debt from PGIM Real Estate U.S. Debt Fund REIT LLC, a Delaware limited liability company (“Original Lender”) in the maximum principal amount of $32,000,000 (the “Original Loan”) secured by that certain Mortgage, Assignment of Leases and Rents and Security Agreement dated
-2- Error! Unknown document property name.
as of December 20, 2017 and recorded in the office of the Registrar of Titles, Hennepin County, Minnesota, on December 21, 2017 as Document No. T5499878 (the “Original Mortgage”).
F. In connection with the execution of the PMA, Original Lender’s successor-in- interest, PGIM Real Estate U.S. Debt Fund Lincoln Series Lender, a designated series of limited liability company interests in PGIM Real Estate U.S. Debt Fund Seller, LLC, a Delaware limited liability company (“Lender”), consented to, and subordinated the lien of the Mortgage to the PMA pursuant to that certain Consent and Subordination attached to the PMA.
G. Section 4.12 of the PMA states that the Developer will not incur additional debt, except for non-Project related debt and other than in the Developer’s ordinary course of business, without the City’s written approval, which approval shall not be unreasonably withheld.
H. Subject to the City’s approval required pursuant to Section 4.12 of the PMA, Developer and Lender desire to and have agreed to increase the amount of the Original Loan by $3,300,000 (the “Loan Increase”) to a maximum aggregate principal amount of $35,300,000 (as increased, the “Loan”), upon the receipt of this Consent.
I. Developer and Lender desire to obtain the City’s approval of the Loan Increase as required by the PMA.
NOW THEREFORE, in consideration of the mutual covenants and conditions herein below set forth, it is agreed:
1. City Consent. The City consents to Developer incurring debt by increasing the amount of the Original Loan from Lender by the amount of the Loan Increase. The Loan will continue to be secured by the Original Mortgage as amended by that certain First Amendment to Mortgage, Assignment of Leases and Rents and Security Agreement and Assignment of Leases and Rents dated as of January 5, 2021 and filed with the Hennepin County Registrar of Titles on January ___, 2021 as Document No. ______.
[SIGNATURES APPEAR ON THE FOLLOWING PAGES]
-3- Error! Unknown document property name.
IN WITNESS WHEREOF, the City has executed this Written Consent as of the date first set forth above.
CITY:
THE CITY OF EDEN PRAIRIE
By______Name: Ronald A. Case Its: Mayor
By______Name: Rick Getschow Its: City Manager
State of MINNESOTA ) )s.s. County of HENNEPIN )
The foregoing instrument was acknowledged before me this 2nd day of February, 2021, by Ronald A. Case, Mayor of the City of Eden Prairie, and Rick Getschow, the City Manager of the City of Eden Prairie, a Minnesota municipal corporation on behalf of the corporation.
(signature of notarial officer)
My commission expires: (month/day/year)
Signature Page to Written Consent
EXHIBIT “A”
to Written Consent
Legal Description
Parcel 1
Lot 1, Block 1, LINCOLN PARC APARTMENTS according to the recorded plat thereof, and situate in Hennepin County, MN
Torrens Property
Being registered land as evidenced by Certificate of Title No. 1456464.
Parcel 2
Non-exclusive easement for right of way and vehicular and pedestrian travel purposes over part of Lot 2, Block 2, Eden Prairie Marketcenter, Hennepin County, Minnesota and over part of Lot 1, Block 1, Eden Prairie Marketcenter (now-replatted as Lot 2, Block 1, Eden Prairie Marketcenter 2nd Addition), as contained in the Cross Easement Agreement dated October 13, 1993, filed October 18, 1993, in the office of the Registrar of Titles as Document No. 2432481, as amended by Assumption of Easement Obligations Agreement dated December 21, 2001, filed May 1, 2002, as Document No. 3538025.
A-1 Error! Unknown document property name. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar February 2, 2021
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Joe Dusek Approve Construction Contract with VIII.F. Keys Well Drilling to Service and Public Works/Utilities Upgrade Municipal Well No. 4
Requested Action
Move to: Approve construction contract with Keys Well Drilling, Inc, municipal well drillers, to service the pump equipment in Well No. 4, new pumping system components as required, and maintain the performance for summer-time water demand.
Synopsis
The City of Eden Prairie Utilities Division obtained proposals from two competent regional well drillers for the rehabilitation work at Municipal Well No. 4. Well 4 is located at 14522 Martin Drive. The least-cost proposal was offered by Keys Well Drilling. Staff recommends acceptance of the proposal in the amount of $38,020.00 to be paid from the water utility fund.
Background Information
Municipal Well No. 4 was constructed in 1982, and was last rehabilitated in 2013.
Well 4, and its associated pumping equipment, are currently capable of generating the desired yield (1500 gpm) during periods of peak demand. The well is scheduled for routine inspection and maintenance services, with no planned upgrades to the pump or motor.
Attachments
Recommendation Letter with Bid Summary Copy of Contract
January 18, 2021
Mr. Joe Dusek Water Treatment Supervisor City of Eden Prairie
Re: Recommendation for Notice of Award Well No. 4 Downhole Rehabilitation Project City of Eden Prairie, Minnesota
Dear Mr. Dusek:
Pursuant to the authority of the Eden Prairie City Council, quotes were received electronically Friday January 15th, 2021 at 2 PM. A total of two (2) quotes were received for the project. Pursuant to our review of the quotes received, it appears that all were completed in accordance with the requirements of the Request for Quotes (RFQ).
A summary of the Quote Tabulation is below for your reference.
Contractor Name Well No. 4 Rehabilitation
Bergerson Caswell $45,075
Keys Well Drilling $38,020
Pending Eden Prairie’s official’s acceptance of the proposed contract prices, Advanced Engineering and Environmental Services, LLC (AE2S) recommends that the City award the construction contract for Well No. 4 Rehabilitation to Keys Well Drilling since they were the lowest responsive and responsible bidder for $38,020.
AE2S truly appreciates the opportunity to be able to work with the City of Eden Prairie on this project for the City. Should you or anyone at the City have any questions or comments regarding this letter, please feel free to contact me directly at 763-463-5036.
Sincerely,
Nancy Zeigler, PE Project Manger
CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar February 2, 2021
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Joe Dusek Approve Construction Contract with VIII.G. Bergerson-Caswell Incorporated to Public Works/Utilities Service and Upgrade Municipal Well No. 5
Requested Action
Move to: Approve construction contract with Bergerson-Caswell Incorporated, municipal well drillers, to service the pump equipment in Well No. 5, new pumping system components as required, and maintain the performance for summer-time water demand.
Synopsis
The City of Eden Prairie Utilities Division obtained proposals from two competent regional well drillers for the rehabilitation work at Municipal Well No. 5. Well 5 is located at 7569 Corporate Way. The least-cost proposal was offered by Bergerson-Casdwell Incorporated. Staff recommends acceptance of the proposal in the amount of $63,385.00 to be paid from the water utility fund.
Background Information
Municipal Well No. 5 was constructed in 1981, and was last rehabilitated in 2014.
Well 5, and its associated pumping equipment, are currently capable of generating the desired yield (1500 gpm) during periods of peak demand. The well is scheduled for routine inspection and maintenance services, with no planned upgrades to the pump or motor.
Attachments
Recommendation Letter with Bid Summary Copy of Contract
January 18, 2021
Mr. Joe Dusek Water Treatment Supervisor City of Eden Prairie
Re: Recommendation for Notice of Award Well No. 5 Downhole Rehabilitation Project City of Eden Prairie, Minnesota
Dear Mr. Dusek:
Pursuant to the authority of the Eden Prairie City Council, quotes were received electronically Friday January 15th, 2021 at 2 PM. A total of two (2) quotes were received for the project. Pursuant to our review of the quotes received, it appears that all were completed in accordance with the requirements of the Request for Quotes (RFQ).
A summary of the Quote Tabulation is below for your reference.
Contractor Name Well No. 5 Rehabilitation
Bergerson Caswell $63,385
Keys Well Drilling $63,565
Pending Eden Prairie’s official’s acceptance of the proposed contract prices, Advanced Engineering and Environmental Services, LLC (AE2S) recommends that the City award the construction contract for Well No. 5 Rehabilitation to Bergerson Caswell since they were the lowest responsive and responsible bidder for $63,385.
AE2S truly appreciates the opportunity to be able to work with the City of Eden Prairie on this project for the City. Should you or anyone at the City have any questions or comments regarding this letter, please feel free to contact me directly at 763-463-5036.
Sincerely,
Nancy Zeigler, PE Project Manger
CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar February 2, 2021
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Joe Dusek Award Contracts for 2021 VIII.H. Public Works/Utilities Water Treatment Chemicals (Sodium Polyphosphate & Fluorosilicic Acid)
Requested Action
Move to: Award contracts for Water Treatment Chemicals (Sodium Polyphosphate & Fluorosilicic Acid) for 2021.
Synopsis
On November 5, 2020, bids were opened for the 2021 supply of Water Treatment Chemicals. DPC Industries was awarded contracts for Sodium Polyphosphate and Fluorosilicic Acid for 2021, as they were the low bid for those two specific chemicals. However, on January 8, 2021, DPC Industries notified the City in writing that DPC Industries will no longer be servicing this market and they will not be honoring their chemical contracts for 2021. Quotes were solicited for the 2021 supply of Sodium Polyphosphate and Fluorosilicic Acid from 3 reputable water treatment chemical suppliers.
Attached is a quote summary indicating the prices received for each of the chemicals.
Background Information
Sodium Polyphosphate and Fluorosilicic Acid are essential for the production of potable water and the amounts used will be dictated by the city’s water consumption.
Actual quantities used will vary, depending upon the 2021 weather. Drier years result in more lawn and garden watering, requiring substantially more chemicals to treat the larger volume of water produced.
Staff recommends acceptance of the quotes provided by Hawkins Inc. for each of the required chemicals.
Attachments
Quote Summary Contracts
Quotes for 2021 Water Treatment Chemicals
Quotes Sodium Fluorosilicic Acid Poly-phosphate Hawkins Chemical *$5.00/ Gallon *$2.34/ Gallon Shannon Chemical $8.37/Gallon $5.37/Gallon *Indicates Low Quote
Univar Solutions No Bid No Bid
Quote Summary 2021
CONTRACT
THIS AGREEMENT, made and executed this 2nd day of February, 2021, by and between City of Eden Prairie, hereinafter referred to as the "CITY", and Hawkins Inc. hereinafter referred to as the "SUPPLIER",
WITNESSETH:
CITY and SUPPLIER, for the consideration hereinafter stated, agree as follows:
I. SUPPLIER hereby covenants and agrees to perform and execute all the provisions of the Material Specifications prepared by the City of Eden Prairie referred to in Paragraph IV, and as provided by the CITY for:
IMPROVEMENT CONTRACT #21-6253.1 2021 WATER TREATMENT CHEMICALS
SUPPLIER further agrees to do everything required by this Agreement and the Contract Documents.
II. CITY agrees to pay and SUPPLIER agrees to receive and accept payment in accordance with the prices bid for the unit or lump sum items as set forth in the Proposal Form attached hereto, which prices conform to those in the accepted SUPPLIER'S proposal on file in the office of the Water Treatment Plant Supervisor. The unit price of $5.00/Gallon for the amount to be determined of Sodium Polyphosphate shall be paid to the supplier.
III. Payments to SUPPLIER by CITY shall be made within 30 days after approval of invoice.
IV. The Contract Documents consist of the following component parts:
(1) Legal and Procedural Documents
a. General Terms and Conditions b. Contract Agreement
(2) Detail Specifications
(3) Addenda and Supplemental Agreements
The Contract Documents are hereby incorporated with this Agreement and are as much a part of this Agreement as if fully set forth herein. This Agreement and the Contract Documents are the Contract.
V. SUPPLIER agrees to fully and satisfactorily complete the work contemplated by this Agreement in accordance with the following schedule:
Unit bid prices for those items awarded shall remain in effect until December 31, 2021 or in accordance with the Contract Documents.
VI. This Agreement shall be executed in two (2) copies.
IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands and seals as of the date first above written.
In Presence Of: CITY OF EDEN PRAIRIE, MINNESOTA
Its City Mayor
And Its City Manager
In Presence of: SUPPLIER
Firm
By: Title
And
CONTRACT
THIS AGREEMENT, made and executed this 2nd day of February, 2021, by and between City of Eden Prairie, hereinafter referred to as the "CITY", and Hawkins Inc. hereinafter referred to as the "SUPPLIER",
WITNESSETH:
CITY and SUPPLIER, for the consideration hereinafter stated, agree as follows:
I. SUPPLIER hereby covenants and agrees to perform and execute all the provisions of the Material Specifications prepared by the City of Eden Prairie referred to in Paragraph IV, and as provided by the CITY for:
IMPROVEMENT CONTRACT #21-6253.1 2021 WATER TREATMENT CHEMICALS
SUPPLIER further agrees to do everything required by this Agreement and the Contract Documents.
II. CITY agrees to pay and SUPPLIER agrees to receive and accept payment in accordance with the prices bid for the unit or lump sum items as set forth in the Proposal Form attached hereto, which prices conform to those in the accepted SUPPLIER'S proposal on file in the office of the Water Treatment Plant Supervisor. The unit price of $2.34/Gallon for the amount to be determined of Fluorosilicic Acid shall be paid to the supplier.
III. Payments to SUPPLIER by CITY shall be made within 30 days after approval of invoice.
IV. The Contract Documents consist of the following component parts:
(1) Legal and Procedural Documents
a. General Terms and Conditions b. Contract Agreement
(2) Detail Specifications
(3) Addenda and Supplemental Agreements
The Contract Documents are hereby incorporated with this Agreement and are as much a part of this Agreement as if fully set forth herein. This Agreement and the Contract Documents are the Contract.
V. SUPPLIER agrees to fully and satisfactorily complete the work contemplated by this Agreement in accordance with the following schedule:
Unit bid prices for those items awarded shall remain in effect until December 31, 2021 or in accordance with the Contract Documents.
VI. This Agreement shall be executed in two (2) copies.
IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands and seals as of the date first above written.
In Presence Of: CITY OF EDEN PRAIRIE, MINNESOTA
Its City Mayor
And Its City Manager
In Presence of: SUPPLIER
Firm
By: Title
And
CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar February 2, 2021
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Jennifer Hassebroek Adopt a Resolution to support Better Buildings Standards VIII.I. Public Works / Engineering in Minnesota
Requested Action
Move to: Adopt a Resolution to support Better Buildings Standards in Minnesota.
Synopsis In 2019 the City of Eden Prairie supported efforts at the State level to allow for step or stretch commercial energy code adoption that ultimately did not get passed into law. In 2021, a revised bill will be introduced at the Legislature that would put new commercial and larger multi-family buildings on track to meet net- zero energy standards by 2036 instead of 2048. This would accelerate the City’s progress on the Climate Action Plan overall goal of carbon neutrality by 2050. Background Information Minnesota is currently not on track to meet its statutory greenhouse gas emissions reduction goals of 30% reduction from 2005 levels by 2025 and 80% reduction by 2050. Buildings make up about 40% of energy used in Minnesota, and during initial construction is the most cost-effective time to improve efficiency. A 2016 Minnesota Environmental Quality Board report found that increasing the building energy code is the most cost-effective overall carbon reduction strategy and has the highest impact on job growth. In addition to carbon reduction, users will benefit from better buildings through lower operating costs, more comfortable indoor climates, and safer air quality. Utility costs in particular are a major expense of building operations and can be significantly reduced and more predictable with better building design. There will be a bill introduced at the Legislature this session that will accelerate the commercial building energy code adoption schedule statewide such that all commercial buildings will be constructed to be net- zero carbon by 2036. The residential energy code will remain unchanged. The bill is supported by a study requested by Governor Walz and completed by the Departments of Labor and Commerce in consultation with a stakeholder workgroup that included representatives from cities, construction trades, architects, labor representatives, multi-family finance/property management companies, and the Senate and House representatives that will be authoring the bill. The recommendation of this workgroup was to move the energy code adoption schedule to every three years, provide resources for successful code implementation including a cost and market analysis, and to do so on a statewide basis instead of allowing individual cities to adopt the advanced codes piecemeal. The stakeholders involved sought this strategy to minimize complexity, maintain uniformity and predictability, and provide regulatory certainty with clear and simple enforcement and compliance. A number of Minnesota cities will also be supporting this bill, many of which have passed a Climate Action Plan or other climate-related goals. Eden Prairie’s Climate Action Plan identifies support for statewide policies such as building energy code updates as a regulatory action to meet climate goals. Cities are being asked to pass resolutions of general support at this time, and when specific bill language is available to sign on to a joint letter of support for the bill.
Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2021-
RESOLUTION TO SUPPORT BETTER BUILDINGS STANDARDS IN MINNESOTA
WHEREAS, there is overwhelming scientific consensus that climate change is a significant threat to human civilization and is caused primarily by the combustion of fossil fuels; and
WHEREAS, buildings account for approximately 40% of all the energy used in Minnesota and new development practices have the opportunity to make the greatest long standing impact; and
WHEREAS, the state of Minnesota is not on track to meet its 80% carbon reduction by 2050 goal; and
WHEREAS, the City of Eden Prairie has identified a goal of carbon neutrality by 2050 in its Climate Action Plan, and support for statewide policies such as building energy code updates is listed as a supported regulatory action in said plan; and
WHEREAS, highly efficient buildings enhance financial and environmental resilience for building owners and tenants; and
WHEREAS, high efficiency energy standards present opportunities for workers in manufacturing, construction, and service sectors, and it is essential that workers play a role in helping drive innovation towards a clean energy economy while creating and maintaining family-sustaining jobs; and
WHEREAS, the “Improving Building Energy Efficiency in Commercial and Multi- Family Construction” report by the State of Minnesota recommends that the current statewide commercial energy code be advanced and accelerated such that it achieves net zero carbon/energy by 2036 instead of 2048.
NOW, THEREFORE, BE IT RESOLVED, that the City Council supports state legislation leading to higher performing commercial buildings through advanced energy performance standards.
ADOPTED by the Eden Prairie City Council on February, 2, 2021.
______Ronald A. Case, Mayor ATTEST:
______Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar February 2, 2021
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.:
Community Center Approve Purchasing Contract for Goods and VIII.J. Parks and Recreation Services with Colorado Timing Systems for the Aquatics Center Scoreboard
Motion
Move to: Approve the Purchasing Contract for Goods and Services with Colorado Timing Systems for the Purchase and Installation of a Scoreboard in the Aquatics Center at the Eden Prairie Community Center in the amount of $50,700.
Synopsis
Staff recommends entering into a Standard Agreement for Goods and Services with Colorado Timing Systems for the purchase and installation of a video scoreboard in the Eden Prairie Community Center’s Aquatics Center. The new scoreboard will replace the existing scoreboard which is not working and has been deemed unrepairable.
Background
The installation of the existing scoreboard came along with the aquatics addition in 2016. Staff has worked extremely hard with the vendor and other technical experts to remedy several failures of the scoreboard. The current scoreboard is no longer usable and must be replaced.
The proposed scoreboard for purchase is also through Colorado Timing Systems and integrated with the current touch pads, pool deck equipment, and the technology that communicates to the scoreboard.
Staff has conducted a great deal of research. The Colorado scoreboard is a large cost savings compared with that of other vendors. Staff also spoke in depth with other facilities utilizing Colorado Timing Systems scoreboard and received overwhelming positive feedback from their experience.
Recommendation
The proposal from Colorado Timing Systems was approximately half the cost of other quotes presented to staff. Upon reviewing the proposal and contacting current municipal venues with a similar product, staff recommends the purchase and installation of a new scoreboard through Colorado Timing Systems.
Attachment
Purchasing Contract for Goods and Services 2017 06 10
Contract for Goods and Services
This Contract (“Contract”) is made on the 2nd of February, 2021, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and ___Colorado Timing Systems, whose business address is 1551 East 11th Street, Loveland, CO 80537. . Preliminary Statement
The City has adopted a policy regarding the selection and hiring of vendors to provide a variety of goods and/or services for the City. That policy requires that persons, firms or corporations providing such goods and/or services enter into written agreements with the City. The purpose of this Contract is to set forth the terms and conditions for the provision of goods and/or services by Vendor for the purchase and installation of a scoreboard for The Aquatics Center hereinafter referred to as the "Work".
The City and Vendor agree as follows:
1. Scope of Work. The Vendor agrees to provide, perform and complete all the provisions of the Work in accordance with attached Exhibit A. Any general or specific conditions, terms, agreements, consultant or industry proposal, or contract terms attached to or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any manner.
2. Term of Contract. All Work under this Contract shall be provided, performed and/or completed by June 1, 2021.
3. Compensation for Services. City agrees to pay the Vendor a fixed sum of $50,700, as full and complete payment for the goods, labor, materials and/or services rendered pursuant to this Contract and as described in Exhibit A.
4. Method of Payment. Vendor shall prepare and submit to City, on a monthly basis, itemized invoices setting forth work performed under this Contract. Invoices submitted shall be paid in the same manner as other claims made to the City.
5. Staffing. The Vendor has designated CTS Lead Installation Technician to perform the Work. They shall be assisted by other staff members, including 2 City staff members onsite, as necessary to facilitate the completion of the Work in accordance with the terms established herein. Vendor may not remove or replace the designated staff without the approval of the City. [STAFFING PROVISION REQUIRED ONLY FOR SERVICES]
6. Standard of Care. Vendor shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota.
7. Insurance. a. General Liability. Vendor shall maintain a general liability insurance policy with limits of at least $1,000,000.00 for each person, and each occurrence, for both personal injury and property damage. Vendor shall provide City with a Certificate of Insurance verifying insurance coverage before providing service to the City. b. Worker's Compensation. Vendor shall secure and maintain such insurance as will protect Vendor from claims under the Worker's Compensation Acts and from claims for bodily injury, death, or property damage which may arise from the performance of Vendor’s services under this Contract. c. Comprehensive Automobile Liability. Vendor shall maintain comprehensive automobile liability insurance with a $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.)
8. Indemnification. Vendor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Contract by Vendor, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Vendor, its agents, contractors and employees, relative to this Contract. City will indemnify and hold Vendor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees.
9. Warranty. The Vendor expressly warrants and guarantees to the City that all Work performed and all materials furnished shall be in accord with the Contract and shall be free from defects in materials, workmanship, and operation which appear within a period of one year, or within such longer period as may be prescribed by law or in the terms of the Contract, from the date of City’s written acceptance of the Work. The City’s rights under the Contractor’s warranty are not the City’s exclusive remedy. The City shall have all other remedies available under this Contract, at law or in equity.
10. Termination. This Contract may be terminated by either party by seven (7) days' written notice delivered to the other party at the addresses written above. Upon termination under this provision if there is no fault of the Vendor, the Vendor shall be paid for services rendered until the effective date of termination.
11. Independent Contractor. At all times and for all purposes herein, the Vendor is an independent contractor and not an employee of the City. No statement herein shall be construed so as to find the Vendor an employee of the City.
12. Subcontract or Assignment. Vendor shall not subcontract any part of the services to be provided under this Contract; nor may Vendor assign this Contract, or any interest arising herein, without the prior written consent of the City.
13. Services Not Provided For. No claim for services furnished by Vendor not specifically provided for in Exhibit A shall be honored by the City.
Standard Purchasing Contract 2017 06 01 Page 2 of 5 GENERAL TERMS AND CONDITIONS
14. Assignment. Neither party shall assign this Contract, nor any interest arising herein, without the written consent of the other party.
15. Compliance with Laws and Regulations. In providing services hereunder, the Vendor shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Contract and entitle the City to immediately terminate this Contract.
16. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Contract. The violation of this provision renders the Contract void.
17. Counterparts. This Contract may be executed in multiple counterparts, each of which shall be considered an original.
18. Damages. In the event of a breach of this Contract by the City, Vendor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business.
19. Employees. Vendor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Vendor prior to termination of this Contract and for one (1) year thereafter, without prior written consent of the former employer in each case.
20. Enforcement. The Vendor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Contract or thereafter of any of the rights or remedies of the City under this Contract.
21. Entire Contract, Construction, Application and Interpretation. This Contract is in furtherance of the City’s public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein.
22. Governing Law. This Contract shall be controlled by the laws of the State of Minnesota.
Standard Purchasing Contract 2017 06 01 Page 3 of 5 23. Non-Discrimination. During the performance of this Contract, the Vendor shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Vendor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non- discrimination clause and stating that all qualified applicants will receive consideration for employment. The Vendor shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Vendor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990.
24. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Contract if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change.
25. Rights and Remedies. The duties and obligations imposed by this Contract and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law.
26. Services Not Provided For. No claim for services furnished by the Vendor not specifically provided for herein shall be honored by the City.
27. Severability. The provisions of this Contract are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Contract.
28. Statutory Provisions. a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the Vendor or other parties relevant to this Contract are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Contract. b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Vendor under this Contract which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. This Contract is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as
Standard Purchasing Contract 2017 06 01 Page 4 of 5 defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Vendor in performing any of the functions of the City during performance of this Contract is subject to the requirements of the Data Practice Act and Vendor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Vendor in relation to this Contract shall contain similar Data Practices Act compliance language.
29. Waiver. Any waiver by either party of a breach of any provisions of this Contract shall not affect, in any respect, the validity of this Contract.
Executed as of the day and year first written above.
CITY OF EDEN PRAIRIE
______Mayor
______City Manager
VENDOR
By: ______
Its: ______
Standard Purchasing Contract 2017 06 01 Page 5 of 5
October 14, 2020
Jasmine Ellingson Eden Prairie Community Center Customer# 21315
Dear Jasmine, The following is the price quotation you requested. Colorado Time Systems has been the leader in sports timing for over 40 years and we are pleased that you have considered CTS to be a part of your team. Colorado Time Systems also offers a wide range of multi-sport scoreboards tailored to fit your needs – and your budget. If you have any questions or comments, please call me at (970) 203-5056 or e-mail [email protected]. For general sales assistance, please call (800)279-0111, option 2. Look for us online at http://www.coloradotime.com. FULL COLOR VIDEO DISPLAY Qty Model Description 1 Y5C10S256X448FI Full Color, Video Capable, Indoor Display Includes: Full matrix full color LED scoreboard with a computer controller with software, steel channel mounting hardware and data cables.
Specifications Display shall be a full color LED matrix display. Display shall be comprised of red, blue and green LED’s to form pixels. Display shall be capable of 281 trillion shades of color. Display should be capable of 16-bit video processing, 100 levels of dimming capability and allow for Gamma correction. Display brightness shall be adjustable up to 3500 nits. The display shall have built in graphics and animation capability with Windows based software. Graphics and animation shall have the capacity of being displayed on the entire matrix. All MS Windows fonts shall be compatible with the display. Display will allow for front service access Each pixel shall be comprised of 3 LED’s 1R1G1B SMD Display shall have 10mm pixel spacing center to center Must be compatible with CTS competitive timing system Displays swimming, diving, water polo, pace clock, and synchronized swimming functions, competitors’ names, full matrix graphics and animation, live video, and has advertising capabilities
Description Physical Dimensions 9.07'(H) X 115.36'(W) Active Area 8.4'(H) X 14.7'(W) 114,688 Pixels
INSTALLATION Qty Model Description 1 INSTALL Standard Installation
Installation Agreement must be signed and returned upon order
PRICE $50,700 SHIPPING INCLUDED
NOTE: INSTALLATION INCLUDES REMOVAL OF EXISTING DISPLAY, MOUNTING OF NEW DISPLAY, PULLING OF NEW CABLE, TERMINATION AND TESTING. CUSTOMER RESPONSIBLE FOR DISPOSAL OF EXISTING DISPLAY. CUSTOMER MUST PROVIDE 2-MAN SCISSOR LIFT AND (2) LABORERS DURING INSTALL. CUSTOMER MUST REVIEW/APPROVE ALL REQUIREMENTS OF INSTALL AGREEMENT AND PROVIDE COMPLETED COPY AT TIME OF ORDER.
TERMS: Purchase order or 50% down, net 30 days. Visa, MasterCard or American Express are acceptable. Quote does not include power, permits, engineering fees, delivery charges or installation, unless otherwise noted. Change order fee of 5% will apply after purchase. All returns are subject to a 25% restocking fee.
WARRANTY: 2 Year limited Warranty (1 year on Dolphin Systems)
DELIVERY: 4 to 6 weeks after receipt of order; 10 to 18 weeks on CDS displays. Shipping estimated charge does not include additional charges or fees such as lift gate or inside delivery. Any additional fees will be billed to end user/facility
TAXES: If Purchaser is tax-exempt or purchasing for resale, a copy of purchaser’s tax-exempt certificate shall be required at time of order. If purchaser’s tax- exempt certificate is not available purchaser shall be charged all appropriate tax.
NOTE: Price quotations valid for 30 days. Canadian customers are responsible for duty on imported product. All quotations from Colorado Time Systems are in U.S. Dollars.
Best Regards,
Jenny Ruffner Midwest Sales Manager
JR/AB
CITY COUNCIL AGENDA DATE:
February 02, 2021 SECTION: Payment of Claims
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 279517 - 279804
Wire Transfers 1027044 - 1027138
Wire Transfers 8046 - 8065
City of Eden Prairie Council Check Summary 2/2/2021
Division Amount Division Amount 000 General 29,227 309 DWI Forfeiture 42 100 City Manager 30,371 315 Economic Development 11,608 101 Legislative 32,850 445 Cable PEG 7,143 110 City Clerk 424 509 CIP Fund 5,800 111 Customer Service 1,746 513 CIP Pavement Management 7,608 112 Human Resources 9 522 Improvement Projects 2006 35,538 113 Communications 3,785 539 2020 Improvement Projects 56,811 114 Benefits & Training 3,287 804 100 Year History 8 131 Finance 235 Total Capital Projects Fund 124,556 132 Housing and Community Services 28,717 133 Planning 12 601 Prairie Village Liquor 127,962 136 Public Safety Communications 8,104 602 Den Road Liquor 237,341 137 Economic Development 25 603 Prairie View Liquor 140,963 151 Park Maintenance 4,880 605 Den Road Building 1,185 154 Community Center 563 701 Water Enterprise Fund 573,347 157 Special Events 28 702 Wastewater Enterprise Fund 356,136 158 Senior Center 22 703 Stormwater Enterprise Fund 7,005 159 Recreation Administration 3,689 Total Enterprise Fund 1,443,939 163 Outdoor Center 261 168 Arts Center 28 802 494 Commuter Services 19,122 180 Police Sworn 37,387 807 Benefits Fund 702,380 181 Dispatch 35 812 Fleet Internal Service 27,494 184 Fire 56,601 813 IT Internal Service 14,608 186 Inspections 2,019 815 Facilites Operating ISF 5,263 200 Engineering 675 816 Facilites City Center ISF 66,586 201 Street Maintenance 8,864 817 Facilites Comm. Center ISF 110,311 202 Street Lighting 757 Total Internal Svc/Agency Funds 945,766 Total General Fund 254,600 Report Total 5,185,632 301 CDBG 16,230 303 Cemetary Operation 19 312 Recycle Rebate 1,000 Total Special Revenue Fund 17,248
435 2008B G.O. Improvement Bonds 133 437 G.O. Perm. Improv. 2010A 3,500 439 G.O. Refunding Bonds 2011C 400 440 GO Perm Impr Ref Bonds 2011D 400 441 2012A G.O. Refunding Bonds 400 442 2012B G.O. Refund Capital Imp 400 443 2012C GO Perm Impr Ref Bonds 1,237,650 446 2014A G.O. TAX ABATEMENT BONDS 1,156,506 448 2016A GO BONDS - WEST 70TH ST. 133 Total Debt Service Fund 2,399,523 City of Eden Prairie Council Check Register by GL 2/2/2021
Check # Amount Supplier / Explanation Account Description Business Unit Comments 8065 2,393,356 US BANK OPERATIONS CENTER Interest 2014A G.O. TAX ABATEMENT BONDS Debt Svc pymt 01.15.21 1027093 435,043 RICE LAKE CONSTRUCTION GROUP Improvement Contracts Water Capital Ground storage reservoir/Pump station 279637 337,628 METROPOLITAN COUNCIL MCES User Fee Wasterwater Collection Wastewater svc fee Feb 2021 8054 262,195 ULTIMATE SOFTWARE GROUP, THE Federal Taxes Withheld Health and Benefits Payroll taxes PR ending 01.15.21 8052 204,153 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA PR ending 01.01.21 8048 152,700 FURTHER - AKA SELECT HSA - Employer Health and Benefits HSA PR ending 01.01.21 1027138 138,230 XCEL ENERGY Reimbursement Prairie Village Liquor Store Mulit location electric Dec 2020 8057 133,047 MINNESOTA DEPT OF REVENUE Sales Tax Payable Historical Culture Salex Tax Dec 2020 1027136 73,425 SRF CONSULTING GROUP INC Design & Engineering Improvement Projects 2006 1027126 41,553 CENTERPOINT ENERGY Electric General Community Center 279641 30,750 PARK NICOLLET HEALTH SYSTEM Deposits Escrow 8056 27,761 EMPOWER Deferred Compensation Health and Benefits 279784 26,550 NATIONAL RESEARCH CENTER INC Other Contracted Services City Council 279767 23,500 HAASE DAVID Right of Way & Easement Improvement Projects 2006 8055 21,972 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits 279647 21,969 SOUTH METRO PUBLIC SAFETY TRAINING FACIL Other Contracted Services Public Safety Training Facilit 279553 21,611 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store 279776 18,724 LAVAN FLOOR COVERING Contract Svcs - General Bldg Ice Arena Maintenance 1027085 18,179 JEFFERSON FIRE & SAFETY INC Small Tools Street Maintenance 279578 16,854 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store 279792 16,646 REHBEIN'S AGRICULTURAL SERVICES Lime Residual Removal Water Treatment 279789 16,026 PRAIRIEVIEW RETAIL LLC Licenses, Taxes, Fees Prairie View Liquor Store 279697 15,757 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store 8049 15,466 LIFE INSURANCE COMPANY OF NORTH AMERICA Life Insurance EE/ER Health and Benefits 279656 15,000 THE PROP SHOP Other Contracted Services CDBG - Public Service 279766 14,676 GRI EDEN PRAIRIE, LLC Building Rental Prairie Village Liquor Store 1027137 14,640 STREICHERS Clothing & Uniforms Police Sworn 279777 13,785 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating 279528 13,335 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store 279544 13,249 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store 1027097 12,843 STREICHERS Other Contracted Services Police Sworn 279800 12,218 VALLEY RICH CO INC Equipment Repair & Maint Water Distribution 279734 12,106 ASPEN MILLS Protective Clothing Fire 8062 11,953 FURTHER - AKA SELECT FSA - Dependent Care Health and Benefits 279706 11,709 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store 279546 10,816 CAPITOL BEVERAGE SALES LP Liquor Product Received Den Road Liquor Store 8046 10,731 I-494 CORRIDOR COMMISSION Wages and Benefits 494 Corridor Commission 1027128 10,723 ELECTRIC PUMP Repair & Maint. Supplies Water Treatment 1027122 10,710 WSB & ASSOCIATES INC Design & Engineering 2020 Improvement Projects 279599 10,708 BOLTON & MENK INC Design & Engineering Improvement Projects 2006 279545 10,373 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store 279688 10,182 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store 279564 9,502 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store 279761 9,408 EMBEDDED SYSTEMS INC Other Contracted Services Emergency Management 279645 9,250 PROP Other Contracted Services Housing and Community Service 1027094 9,125 SENIOR COMMUNITY SERVICES Other Contracted Services Housing and Community Service 279680 8,751 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store 279644 8,474 PRINTING ENTERPRISES INC Printing Recycle Rebate 279674 8,466 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store Check # Amount Supplier / Explanation Account Description Business Unit Comments 279689 8,454 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store 1027079 8,259 DIVERSE BUILDING MAINTENANCE Janitor Service Maintenance Facility 279623 8,248 HOME DEPOT CREDIT SERVICES Equipment Repair & Maint Facilities Staff 279722 7,736 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store 279592 7,640 ANCOM COMMUNICATIONS INC Other Assets Public Safety Communications 1027060 7,608 BRAUN INTERTEC CORPORATION Testing CIP Pavement Management 279585 7,443 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store 279728 7,380 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store 279620 7,375 HENNEPIN COUNTY TREASURER Other Contracted Services Trail Point Ridge/Common Bond 1027116 7,143 AVI SYSTEMS INC Equipment Repair & Maint Cable PEG 1027101 7,090 WALL TRENDS INC Contract Svcs - General Bldg Fire Station #2 279696 6,879 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Den Road Liquor Store 279736 6,821 BOLTON & MENK INC Design & Engineering Stormwater Capital 279633 6,469 MACQUEEN EQUIPMENT INC Equipment Parts Fleet Operating 279756 6,300 DEYOUNG CONSULTING SERVICES Other Contracted Services City Council 279666 6,085 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store 279630 6,030 LEAGUE OF MINNESOTA CITIES Tuition Reimbursement/School Police Sworn 279773 5,800 ISG Other Contracted Services Capital Maint. & Reinvestment 279662 5,702 VERIZON WIRELESS Computers IT Operating 279571 5,580 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store 279535 5,225 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store 279653 5,188 TARGETSOLUTIONS LEARNING, LLC Software Maintenance IT Operating 279659 5,106 WM CORPORATE SERVICES INC Waste Disposal General Community Center 279708 5,033 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store 1027096 5,000 ST CROIX ENVIRONMENTAL INC Design & Engineering Water Capital 279765 4,946 GRAYMONT Treatment Chemicals Water Treatment 279618 4,904 GRAYMONT Treatment Chemicals Water Treatment 279771 4,800 HENNEPIN TECHNICAL COLLEGE Training Fire 279803 4,762 YMCA OF THE NORTH Other Contracted Services Housing and Community Service 279552 4,558 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Den Road Liquor Store 279799 4,400 U S BANK Paying Agent Water Capital 279703 4,197 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store 279715 4,124 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store 279577 4,053 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store 279573 4,043 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store 279609 3,983 DEPT OF EMPLOYMENT/ECONOMIC DEVELOPMENT Interest Economic Development Fund 279735 3,950 BAKER TILLY MUNICIPAL ADVISORS, LLC Other Contracted Services Water Capital 279759 3,750 EDEN PRAIRIE EARLY CHILDHOOD Other Contracted Services Housing and Community Service 279532 3,642 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store 279654 3,563 TECH ACUMEN INCORPORATED Other Contracted Services Liquor Store Delivery 279721 3,481 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store 1027075 3,378 YOUNGSTEDTS COLLISION CENTER Equipment Repair & Maint Fleet Operating 279559 3,354 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store 1027115 3,232 AMERICAN ENGINEERING TESTING INC Testing General Fixed Asset Account Gr 279629 3,175 LAW ENFORCEMENT LABOR SERVICES INC. Union Dues Withheld Health and Benefits 279648 3,078 SSI KEF SLB LLC Electric City Center - CAM 279690 3,069 CAPITOL BEVERAGE SALES LP Liquor Product Received Den Road Liquor Store 279520 3,052 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store 279611 2,991 DPC INDUSTRIES INC Treatment Chemicals Water Treatment 279673 2,953 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store 279677 2,913 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store 279725 2,768 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store 279522 2,727 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store Check # Amount Supplier / Explanation Account Description Business Unit Comments 279768 2,705 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Board of Prisoner Police Sworn 279581 2,593 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store 279632 2,534 LUNDA CS MCCROSSAN Other Revenue Water Enterprise Fund 279682 2,524 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store 279565 2,491 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store 279636 2,464 METERING & TECHNOLOGY SOLUTIONS Capital Under $25,000 Water Metering 279596 2,300 BADGER STATE INSPECTION LLC Deposits Water Enterprise Fund 279586 2,276 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store 279661 2,250 APWA Dues & Subscriptions Fleet Operating 279778 2,200 MCFOA Dues & Sub-Memberships Fire 279572 2,145 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store 279758 2,087 EARL F ANDERSEN INC Other Contracted Services Street Maintenance 279769 2,000 HENNEPIN COUNTY MEDICAL CENTER Training Fire 279521 1,951 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store 279597 1,891 BECKER ARENA PRODUCTS INC Repair & Maint - Ice Rink Ice Arena Maintenance 8058 1,869 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Operating 279549 1,833 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store 1027054 1,814 WINE COMPANY, THE Liquor Product Received Den Road Liquor Store 279772 1,795 HINTERLAND CSG LLC Electric Facilities Operating ISF 279605 1,759 CORPORATE TECHNOLOGIES Computers 494 Corridor Commission 1027050 1,756 VINOCOPIA Liquor Product Received Den Road Liquor Store 279737 1,710 BUREAU OF CRIMINAL APPREHENSION Software Maintenance IT Operating 279537 1,689 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store 279591 1,652 ALTERNATIVE BUSINESS FURNITURE INC Operating Supplies Fire 279730 1,646 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store 279624 1,625 HOMELINE Other Contracted Services Housing and Community Service 279614 1,608 EMERGENCY AUTOMOTIVE TECHNOLOGY INC Equipment Parts Fleet Operating 279693 1,607 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store 279798 1,600 THE ADVENT GROUP Temp 494 Corridor Commission 279655 1,560 THE ADVENT GROUP Temp 494 Corridor Commission 279685 1,538 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store 1027098 1,508 TEE JAY NORTH INC Contract Svcs - Security Den Road Liquor Store 279619 1,504 HEALTHPARTNERS OCCUPATIONAL MEDICINE Employment Advertising Organizational Services 279795 1,494 SOBANIA COMMUNITY SOLAR Electric Facilities Operating ISF 279762 1,463 EMERGENCY AUTOMOTIVE TECHNOLOGY INC Equipment Parts Fleet Operating 279590 1,434 AIRGAS USA LLC Supplies - Pool Pool Maintenance 279714 1,414 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store 279527 1,400 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store 279643 1,397 PRESCRIPTION LANDSCAPE Contract Svcs - Snow Removal City Center - CAM 279804 1,374 YORKTOWN OFFICES Rent 494 Corridor Commission 279788 1,358 PRAIRIE LAWN AND GARDEN Capital Under $25,000 Facilities Staff 279774 1,335 LAKE COUNTRY DOOR LLC Contract Svcs - General Bldg Fire Station #1 279790 1,325 PRECISE MRM LLC Other Contracted Services Snow & Ice Control 279702 1,302 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store 279676 1,297 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store 8047 1,274 FURTHER - AKA SELECT FSA - Dependent Care Health and Benefits 1027089 1,258 METRO ELEVATOR INC Contract Svcs - Elevator General Community Center 279625 1,240 IBRAHIM, MOHAMOUD Tuition Reimbursement/School Organizational Services 1027099 1,185 ULINE Protective Clothing Fire 1027107 1,143 VINOCOPIA Liquor Product Received Den Road Liquor Store 279770 1,100 HENNEPIN COUNTY TREASURER Other Contracted Services Rehab 1027092 1,099 PRAIRIE ELECTRIC COMPANY Contract Svcs - Electrical Fire Station #1 1027109 1,093 WINE COMPANY, THE Liquor Product Received Den Road Liquor Store Check # Amount Supplier / Explanation Account Description Business Unit Comments 279634 1,083 MARCO INC Hardware - R&M IT Operating 279646 1,080 SAMBATEK INC Maintenance Contracts Water Treatment 1027129 1,076 GARTNER REFRIGERATION & MFG INC Contract Svcs - Ice Rink Ice Arena Maintenance 279716 1,070 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store 1027131 1,066 H M CRAGG CO Repair & Maint. Supplies Park Maintenance 279627 1,056 KOIVISTO TRUCKING Repair & Maint. Supplies Water Treatment 1027113 1,055 WINE COMPANY, THE Liquor Product Received Prairie View Liquor Store 279692 1,035 DOMACE VINO Liquor Product Received Den Road Liquor Store 279711 1,034 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store 279547 990 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store 279580 987 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store 1027058 975 WINE COMPANY, THE Liquor Product Received Prairie View Liquor Store 279787 960 PITNEY BOWES Postage Customer Service 279652 953 SUMMIT COMPANIES Operating Supplies Fire 279732 937 AIRGAS USA LLC Supplies - Pool Pool Maintenance 279663 914 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store 279670 904 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store 1027084 904 HD SUPPLY FACILITIES MAINTENANCE Supplies - Plumbing City Center - CAM 1027082 896 GARTNER REFRIGERATION & MFG INC Contract Svcs - Ice Rink Ice Arena Maintenance 8064 876 FURTHER - AKA SELECT FSA - Medical Health and Benefits 1027103 852 VINOCOPIA Liquor Product Received Prairie Village Liquor Store 1027119 820 FASTENAL COMPANY Equipment Parts Fleet Operating 279557 761 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store 1027108 757 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store 1027048 746 WINE COMPANY, THE Liquor Product Received Prairie Village Liquor Store 1027118 739 CLAREY'S SAFETY EQUIPMENT Clothing & Uniforms Fleet Operating 279717 738 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie View Liquor Store 1027083 732 GRAINGER Repair & Maint. Supplies Water Treatment 1027068 723 OLSEN CHAIN & CABLE Safety Supplies Traffic Signals 279525 722 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store 279718 709 DOMACE VINO Liquor Product Received Prairie View Liquor Store 279615 704 FIELD ENVIRONMENTAL CONSULTING Contract Svcs - Fire/Life/Safe City Hall (City Cost) 1027125 694 BOYER TRUCKS Equipment Parts Fleet Operating 1027081 694 FORCE AMERICA Equipment Parts Fleet Operating 279574 692 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store 1027064 685 FASTENAL COMPANY Signs Traffic Signs 279724 658 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store 279602 640 CENTURYLINK Internet IT Operating 8053 625 ULTIMATE SOFTWARE GROUP, THE Garnishment Withheld Health and Benefits 279665 624 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store 279558 622 PEQUOD DISTRIBUTION Liquor Product Received Den Road Liquor Store 279566 615 WINEBOW Liquor Product Received Den Road Liquor Store 279587 609 WINEBOW Liquor Product Received Prairie View Liquor Store 1027111 604 VINOCOPIA Liquor Product Received Prairie View Liquor Store 279683 599 WINEBOW Liquor Product Received Prairie Village Liquor Store 1027127 598 ECM PUBLISHERS INC Legal Notices Publishing Prairie View Liquor Store 279669 586 DOMACE VINO Liquor Product Received Prairie Village Liquor Store 279699 584 MAVERICK WINE LLC Liquor Product Received Den Road Liquor Store 1027055 579 VINOCOPIA Liquor Product Received Prairie View Liquor Store 279568 577 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store 279786 573 OXYGEN SERVICE COMPANY EMS Supplies-Oxygen Supplies Fire 279642 570 PRECISE MRM LLC Equipment Parts Fleet Operating 279785 569 NUSS TRUCK GROUP INC Equipment Parts Fleet Operating Check # Amount Supplier / Explanation Account Description Business Unit Comments 279719 566 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store 279797 563 TECH ACUMEN INCORPORATED Other Contracted Services Liquor Store Delivery 279791 550 PRINCIPAL LIFE INSURANCE Wages and Benefits 494 Corridor Commission 1027051 545 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store 1027072 543 THE OASIS GROUP Employee Assistance Organizational Services 279781 532 MINNESOTA TROPHIES & GIFTS Operating Supplies Police Sworn 279524 530 DOMACE VINO Liquor Product Received Prairie Village Liquor Store 1027087 527 LEROY JOB TRUCKING INC Other Contracted Services Police Sworn 279691 520 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store 279757 494 DODGE OF BURNSVILLE Equipment Parts Fleet Operating 1027065 484 GREATAMERICA FINANCIAL SVCS Postage Customer Service 279600 479 BROTHERS FIRE PROTECTION Contract Svcs - Fire/Life/Safe General Community Center 279668 472 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie Village Liquor Store 1027117 468 CARLSTON, BRANDON Canine Supplies Police Sworn 1027133 467 MENARDS Operating Supplies Senior Center 279739 467 CENTURYLINK Internet Staring Lake 8051 459 U.S. BANK - I-494 PURCH. CARD Marketing 494 Corridor Commission 279612 452 EDEN PRAIRIE CHAMBER OF COMMERCE Chamber of Commerce Economic Development 279531 449 PEQUOD DISTRIBUTION Liquor Product Received Prairie Village Liquor Store 279538 422 WINEBOW Liquor Product Received Prairie Village Liquor Store 279548 413 DOMACE VINO Liquor Product Received Den Road Liquor Store 1027045 410 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store 279667 406 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store 279589 398 A&B WELDING & CONSTRUCTION Equipment Repair & Maint Water Treatment 279764 394 GOPHER STATE ONE-CALL Other Contracted Services Water Distribution 279779 393 MID AMERICA METER, INC Equipment Repair & Maint Water Metering 279751 393 CORPORATE TECHNOLOGIES Computers 494 Corridor Commission 1027123 390 ASPEN WASTE SYSTEMS INC. Waste Disposal Utility Operations - General 279738 389 CAPREF EDEN PRAIRIE LLC Building Rental CDBG - Public Service 1027056 386 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store 1027130 383 GRAINGER Repair & Maint. Supplies Outdoor Center Facilities 1027052 382 NEW FRANCE WINE COMPANY Liquor Product Received Den Road Liquor Store 279593 379 ARAMARK UNIFORM AND CAREER APPAREL GROUP Janitor Service Prairie Village Liquor Store 279555 370 MEGA BEER Liquor Product Received Den Road Liquor Store 279709 361 WINEBOW Liquor Product Received Den Road Liquor Store 1027106 349 WINE COMPANY, THE Liquor Product Received Prairie Village Liquor Store 279802 348 WM CORPORATE SERVICES INC Waste Disposal Park Maintenance 279594 346 ASPEN MILLS Clothing & Uniforms Fire 279530 346 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store 1027044 344 VINOCOPIA Liquor Product Received Prairie Village Liquor Store 279562 342 SHAKOPEE BREWHALL Liquor Product Received Den Road Liquor Store 279541 340 BERGMAN LEDGE LLC Liquor Product Received Den Road Liquor Store 1027090 339 METRO SALES INCORPORATED* Equipment Rentals IT Operating 279793 325 RIVER CITY CANVAS LLC Equipment Repair & Maint Fire 279542 324 BLACK STACK BREWING INC Liquor Product Received Den Road Liquor Store 279731 324 WINEBOW Liquor Product Received Prairie View Liquor Store 279631 320 LOAD'EM UP TRAILERS RENTAL AND SALES Other Rentals Elections 279554 303 LUPULIN BREWING COMPANY Liquor Product Received Den Road Liquor Store 279700 302 MEGA BEER Liquor Product Received Den Road Liquor Store 1027057 292 NEW FRANCE WINE COMPANY Liquor Product Received Prairie View Liquor Store 8061 286 VANCO SERVICES Bank and Service Charges Wastewater Accounting 1027135 286 PREMIUM WATERS INC Operating Supplies - Water Fire 279529 284 MINNESOTA ICE SCULPTURES LLC Liquor Product Received Prairie Village Liquor Store Check # Amount Supplier / Explanation Account Description Business Unit Comments 279539 276 AM CRAFT SPIRITS SALES & MARKETING Liquor Product Received Den Road Liquor Store 1027076 275 ZEP SALES AND SERVICE Operating Supplies Fleet Operating 279720 273 INDEED BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store 279723 263 MEGA BEER Liquor Product Received Prairie View Liquor Store 279540 262 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store 279755 261 DAYROBB BATTERIES PLUS Repair & Maint. Supplies Emergency Management 279543 260 BOURGET IMPORTS Liquor Product Received Den Road Liquor Store 1027095 256 SPS COMPANIES Supplies - HVAC Facilities Staff 1027074 255 VAN PAPER COMPANY Cleaning Supplies Maintenance Facility 279638 250 MID-STATES ORGANIZED CRIME INFO CENTER Dues & Subscriptions Police Sworn 279651 250 STERNBERG LIGHTING Design & Engineering Economic Development Fund 1027091 245 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 279610 239 DIRECTV Cable TV Community Center Admin 279560 238 PRYES BREWING COMPANY Liquor Product Received Den Road Liquor Store 8063 235 US BANK - PAYMODE Bank and Service Charges Finance 279794 230 SCHMITZ, WENDY Accounts Receivable Health and Benefits 279628 230 LAKE COUNTRY DOOR LLC Contract Svcs - General Bldg Maintenance Facility 1027105 228 NEW FRANCE WINE COMPANY Liquor Product Received Prairie Village Liquor Store 279518 225 BLACK STACK BREWING INC Liquor Product Received Prairie Village Liquor Store 279517 224 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store 279582 222 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Prairie View Liquor Store 279698 216 JUST PLAIN WRONG BREWING CO LLC Liquor Product Received Den Road Liquor Store 1027046 212 NEW FRANCE WINE COMPANY Liquor Product Received Prairie Village Liquor Store 279733 209 ARAMARK UNIFORM AND CAREER APPAREL GROUP Janitor Service Prairie View Liquor Store 279556 207 OMNI BREWING COMPANY Liquor Product Received Den Road Liquor Store 279664 207 BLACK STACK BREWING INC Liquor Product Received Prairie Village Liquor Store 279686 207 BLACK STACK BREWING INC Liquor Product Received Den Road Liquor Store 1027061 200 CLAREY'S SAFETY EQUIPMENT Operating Supplies Emergency Management 279649 199 STAPLES ADVANTAGE Office Supplies Customer Service 8060 193 PAYCHEX Payroll Admin. Fees 494 Corridor Commission 1027114 190 ALBERS, JASON Operating Supplies Fire 279604 190 COMCAST Internet IT Operating 279536 177 UNMAPPED BREWING CO Liquor Product Received Prairie Village Liquor Store 279695 177 INDEED BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 279775 173 LANO EQUIPMENT INC Equipment Repair & Maint Fleet Operating 279796 170 STAPLES ADVANTAGE Office Supplies Customer Service 279675 169 MODIST BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 279701 169 MODIST BREWING COMPANY Liquor Product Received Den Road Liquor Store 279550 168 INBOUND BREW CO Liquor Product Received Den Road Liquor Store 279705 162 SHAKOPEE BREWHALL Liquor Product Received Den Road Liquor Store 279561 157 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Den Road Liquor Store 279576 155 INDEED BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store 279584 150 SHAKOPEE BREWHALL Liquor Product Received Prairie View Liquor Store 279707 144 STEEL TOE BREWING LLC Liquor Product Received Den Road Liquor Store 279681 141 STEEL TOE BREWING LLC Liquor Product Received Prairie Village Liquor Store 279729 141 STEEL TOE BREWING LLC Liquor Product Received Prairie View Liquor Store 1027078 140 DAKOTA SUPPLY GROUP INC Repair & Maint. Supplies Water Metering 1027134 140 PRAIRIE ELECTRIC COMPANY Equipment Repair & Maint Fire 279579 138 OMNI BREWING COMPANY Liquor Product Received Prairie View Liquor Store 279671 138 INBOUND BREW CO Liquor Product Received Prairie Village Liquor Store 279575 134 INBOUND BREW CO Liquor Product Received Prairie View Liquor Store 279694 134 INBOUND BREW CO Liquor Product Received Den Road Liquor Store 1027047 132 PARLEY LAKE WINERY Liquor Product Received Prairie Village Liquor Store Check # Amount Supplier / Explanation Account Description Business Unit Comments 1027112 132 PARLEY LAKE WINERY Liquor Product Received Prairie View Liquor Store 279746 130 COMCAST Cable TV Fire 279569 126 BLACK STACK BREWING INC Liquor Product Received Prairie View Liquor Store 1027069 126 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 279679 125 SMALL LOT MN Liquor Product Received Prairie Village Liquor Store 279748 123 COMCAST Cable TV Fire 279640 120 PAFFY'S PEST CONTROL Contract Svcs - Pest Control Fire Station #1 1027053 120 PARLEY LAKE WINERY Liquor Product Received Den Road Liquor Store 279519 114 BOURGET IMPORTS Liquor Product Received Prairie Village Liquor Store 279570 114 BOURGET IMPORTS Liquor Product Received Prairie View Liquor Store 1027120 114 OLSEN CHAIN & CABLE Equipment Repair & Maint Park Maintenance 279658 113 WATER HEATERS ONLY LLC Repair & Maint - Ice Rink Ice Arena Maintenance 1027071 110 STOVRING, LESLIE Mileage & Parking Stormwater Non-Capital 1027063 109 DUNGAN, TRACY Mileage & Parking Concessions 279678 108 SHAKOPEE BREWHALL Liquor Product Received Prairie Village Liquor Store 279712 108 BLACK STACK BREWING INC Liquor Product Received Prairie View Liquor Store 279726 108 SHAKOPEE BREWHALL Liquor Product Received Prairie View Liquor Store 1027073 105 TOLL GAS AND WELDING SUPPLY Operating Supplies Fleet Operating 279743 103 COMCAST EMS Supplies-Oxygen Supplies Fire 279551 103 INDEED BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 279684 102 56 BREWING LLC Liquor Product Received Den Road Liquor Store 1027104 98 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store 279687 98 BOURGET IMPORTS Liquor Product Received Den Road Liquor Store 279713 98 BOURGET IMPORTS Liquor Product Received Prairie View Liquor Store 279583 98 ROOTSTOCK WINE COMPANY Liquor Product Received Prairie View Liquor Store 279672 97 INDEED BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store 279608 97 DALCO Cleaning Supplies Utility Operations - General 1027049 90 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Den Road Liquor Store 1027077 87 BOYER TRUCKS Equipment Parts Fleet Operating 279744 81 COMCAST Cable TV Fire 279616 81 FIRE SAFETY USA INC Equipment Parts Fleet Operating 1027088 81 MENARDS Small Tools Park Maintenance 279741 80 CINTAS Operating Supplies Park Maintenance 1027110 79 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie View Liquor Store 279534 77 SMALL LOT MN Liquor Product Received Prairie Village Liquor Store 279563 77 SMALL LOT MN Liquor Product Received Den Road Liquor Store 279727 77 SMALL LOT MN Liquor Product Received Prairie View Liquor Store 279588 76 A TO Z RENTAL CENTER Equipment Repair & Maint Fire 279613 75 EDEN PRAIRIE NOON ROTARY CLUB Conference/Training Housing and Community Service 279760 75 EDEN PRAIRIE ROTARY CLUB Dues & Subscriptions Administration 279780 74 MINNESOTA AIR INC Supplies - HVAC Maintenance Facility 279533 72 SHAKOPEE BREWHALL Liquor Product Received Prairie Village Liquor Store 279704 72 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Den Road Liquor Store 279752 71 CUB FOODS EDEN PRAIRIE Operating Supplies Police Sworn 279745 69 COMCAST Cable TV Fire 1027066 69 MPX GROUP, THE Printing Fire 279710 68 56 BREWING LLC Liquor Product Received Prairie View Liquor Store 279747 67 COMCAST Cable TV Fire 279526 66 INDEED BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store 279763 62 FLYING CLOUD TRANSFER STATION 4553 Waste Disposal Park Maintenance 1027102 61 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie Village Liquor Store 8050 57 MONEY MOVERS INC Other Contracted Services Community Center Admin 1027070 56 SCHROM JES Mileage & Parking Special Events Admin Check # Amount Supplier / Explanation Account Description Business Unit Comments 1027067 56 MUNOZ, MEGAN Mileage & Parking Fitness Admin. 1027080 56 ECM PUBLISHERS INC Legal Notices Publishing City Clerk 279603 55 COMCAST Cable TV Fire 279750 50 COMCAST Internet IT Operating 279749 50 COMCAST Internet IT Operating 1027132 48 LOGIS Network Support IT Operating 279607 47 CULLIGAN BOTTLED WATER Corridor Comm. Misc 494 Corridor Commission 279650 42 STATE OF MINNESOTA Miscellaneous DWI Forfeiture 279783 36 MULTIHOUSING CREDIT CONTROL Other Contracted Services Police Sworn 279622 35 HESDORFFER BOYD Clothing & Uniforms Dispatch 1027062 31 CONCRETE CUTTING AND CORING Operating Supplies Park Maintenance 279660 30 YOUNG RICHARD P&R Refunds Community Center Admin 279523 30 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie Village Liquor Store 279801 30 WETLAND PROFESSIONALS ASSOCIATION Dues & Subscriptions Stormwater Non-Capital 1027059 22 BOHNSACK, SUE Mileage & Parking Senior Center Admin 1027121 22 TOLL GAS AND WELDING SUPPLY Repair & Maint. Supplies Water Distribution 279595 22 ATWILL DOUGLAS AR Utility Water Enterprise Fund 279598 22 BERNIER DAWN P&R Refunds Community Center Admin 279617 22 FROST GERALD P&R Refunds Community Center Admin 279635 22 MARKMAN WENDY P&R Refunds Community Center Admin 1027100 21 UPS Postage Planning 279740 20 CHRIS CASTLE INC Phone/Data/Web 494 Corridor Commission 279754 20 DAKOTA COUNTY TREASURER-AUDITOR Licenses, Taxes, Fees Police Sworn 279782 20 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Riley Creek Woods 279606 18 CUB FOODS EDEN PRAIRIE Operating Supplies Volunteers 1027124 15 BOBBY & STEVE'S AUTO WORLD EDEN PRAIRIE Other Contracted Services Police Sworn 279753 10 CULLIGAN BOTTLED WATER Corridor Comm. Misc 494 Corridor Commission 279621 8 HENNEPIN COUNTY TREASURER PUBLIC WORKS Waste Disposal Park Maintenance 279639 7 OLSON LEE ANN P&R Refunds Community Center Admin 1027086 5 KUSTOM SIGNALS INC Capital Under $25,000 Police Sworn 279742 4 COMCAST Other Contracted Services Police Sworn 279601 2 CEF EP COMMUNITY SOLAR LLC Electric Facilities Operating ISF 279626 1 JERRY'S ENTERPRISES INC Operating Supplies Fleet Operating 5,185,632 Grand Total