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City Council - 11/20/2012
AGENDA JOINT CITY COUNCIL/PARKS, RECREATION AND NATURAL RESOURCES COMMISSION WORKSHOP & OPEN PODIUM TUESDAY,NOVEMBER 20, 2012 CITY CENTER 5:00—6:25 PM, HERITAGE ROOMS 6:30—7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Nancy Tyra-Lukens, Council Members Brad Aho, Sherry Butcher Wickstrom, Kathy Nelson, and Ron Case CITY STAFF: City Manager Rick Getschow, Police Chief Rob Reynolds, Fire Chief George Esbensen, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, Communications Manager Joyce Lorenz, City Attorney Ric Rosow, , Community Center Manager Wendy Sevenich, Recreation Coordinator Beth Witt and Recorder Lorene McWaters PARKS,RECREATION & NATURAL RESOURCES COMMISSION: Tom Bierman, Hutch Coburn (Vice Chair), Derek Gunderson, Matthew Kraft, Larry Link, Geri Napuck(Chair), Joan Oko, Leonard Pesheck, David Rosa, Yasmin Atef-Vahid(Student Rep), Roseann Awad(Student Rep), Vy Nguyen(Student Rep),Natalie Townsend(Student Rep) Workshop -Heritage Room II I. AQUATICS FEASIBILITY STUDY(5:30) II. BUDGET ADVISORY COMMISSION APPOINTMENTS (6:15) Open Podium - Council Chamber III. OPEN PODIUM IV. ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,NOVEMBER 20, 2012 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Council Members Brad Aho, Sherry Butcher Wickstrom, Kathy Nelson, and Ron Case CITY STAFF: City Manager Rick Getschow, Public Works Director Robert Ellis, City Planner Michael Franzen, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, City Attorney Ric Rosow and Council Recorder Jan Curielli I. CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE/COLOR GUARD III. COUNCIL FORUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS A. DONATION OF SCULPTURE BY THE EDEN PRAIRIE MORNING ROTARY CLUB (Resolution) B. RECOGNITION OF ANDREW SULLIVAN FOR HIS WORK ON THE LIQUID ASSETS VIDEO PROJECT V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, OCTOBER 16, 2012 B. CITY COUNCIL MEETING HELD TUESDAY, OCTOBER 16, 2012 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENE LIST B. APPROVE SECOND READING OF ORDINANCE AMENDING VARIOUS PORTIONS OF CITY CODE CHAPTER 3 INCLUDING THOSE RELATING TO THE STORM WATER CLASSIFICATION FOR TOWNHOMES AND ADOPT RESOLUTION APPROVING SUMMARY ORDINANCE FOR PUBLICATION C. ADOPT RESOLUTION AUTHORIZING EXECUTION OF THE CONSENT TO THE SUBORDINATE FINANINC FOR TRANSFER OF THE PARK AT CITY WEST APARTMENTS PROJECT FROM PACW EDEN PRAIRIE LLC TO PARK AT CITY WEST APARTMENTS LLC CITY COUNCIL AGENDA November 20, 2012 Page 2 D. PROCLAMATION DECLARING NOVEMBER 24, 2012, AS SMALL BUSINESS SATURDAY IN EDEN PRAIRIE E. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH STEVENS ENGINEERS FOR DESIGN AND ENGINEERING SERVICES FOR RINK 2 CONVERSION PROJECT F. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH ARENA SOLUTIONS TO PERFORM CONSTRUCTION MANAGEMENT SERVICES FOR THE RINK 2 CONVERSION PROJECT G. APPROVE UPDATED PURCHASING POLICY H. APPROVE UPDATED TRAVEL POLICY I. APPROVE PROFESSIONAL SERVICES FOR 2012 DEER MANAGEMENT PROGRAM WITH WHITE BUFFALO, INC. J. APPROVE RELEASE OF AGREEMENT REGARDING SPECIAL ASSESSMENTS (EDENVALE HIGHLANDS) K. APPROVE RELEASE OF AGREEMENT REGARDING SPECIAL ASSESSMENTS AND FIRST AMENDMENT REGARDING SPECIAL ASSESSMENTS (EDEN PRAIRIE WOODS) L. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH WENCK FOR LOCAL WATER MANAGEMENT PLAN (LWMP) UPDATE M. AWARD CONTRACT FOR STUDY AREA 4 OF THE LOWER MINNESOTA RIVER WATERSHED DISTRICT EROSION STABILIZATION PROJECT TO AMES CONSTRUCTION N. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH WENCK ASSOCIATES FOR THE TOWN CENTER DRAINAGE STUDY UTILIZING A MET COUNCIL TOD GRANT O. AWARD CONTRACT FOR HOMEWARD HILLS ROAD CULVERT REPLACEMENT PROJECT TO MINGER CONSTRUCTION,INC. P. AWARD CONTRACT FOR RECOATING OF THE WATER TREATMENT PLANT SIDE 3 CLARIFIERS TO CHAMPION COATINGS INC. Q. APPROVE EXCLUSIVE BROKERAGE LISTING AGREEMENT WITH CUSHMAN WAKEFIELD R. APPROVE SERVICE AGREEMENT WITH MOTOROLA FOR SERVICE OF 911 DISPATCH CONSOLE SYSTEM CITY COUNCIL AGENDA November 20, 2012 Page 3 S. BELLERIEVE by Mike Gresser Second Reading of the Ordinance for Zoning District Change from Rural to R1-13.5 Zoning District on 23 acres Location: 10170 Riverview Road. (Ordinance for Zoning District Change) T. ADOPT RESOLUTION APPROVING FINAL PLAT OF BELLERIEVE IX . PUBLIC HEARINGS/MEETINGS A. ADOPT RESOLUTION VACATING A PART OF THE DRAINAGE AND UTILITY EASEMENTS LYING OVER, UNDER AND ACROSS LOT 1, BLOCK 1,AND OUTLOT B,EDEN BLUFF HIGHLANDS 2" B. ADOPT RESOLUTION ORDERING IMPROVEMENTS AND PREPARATION OF PLANS AND SPECIFICATIONS FOR EDEN PRAIRIE ROAD STREET AND UTILITY IMPROVEMENTS (SOUTH OF RILEY CREEK) C. PERRY RYAN by Perry Ryan. Request for: Sloped Ground Review on 1.1 acres. Location: 10197 Eden Prairie Road. D. HOME DEPOT GARDEN CENTER EXPANSION/TRUCK RENTAL by Greenberg Farrow. Request for: Planned Unit Development Concept Amendment on 13.16 acres, Planned Unit Development District Review with waivers on 13.16 acres, Zoning District Amendment within the Commercial-Regional-Service Zoning District and Site Plan Review on 13.16 acres. Location: 13100 Valley View Road. (Resolution for PUD Concept Review) E. INTERNATIONAL SCHOOL OF MN RESIDENCE HALL ADDITION by Harriss Architects. Request for: Planned Unit Development Concept Review on 58.29 acres, Planned Unit Development District Amendment on 58.29 acres, Zoning District Amendment within the Public Zoning District on 58.29 acres and Site Plan Review on 58.29 acres. Location: 6385 Beach Road. (Resolution for PUD Concept Review) F. SCHUSSLER BARN by Steven Schussler. Request for: Planned Unit Development Concept Review on 2.68 acres, Planned Unit Development District Review with waivers on 2.68 acres, Zoning District Amendment within the Rural Zoning District on 2.68 acres, Heritage Preservation Site Designation, Site Plan Review on 2.68 acres and Conditional Use Permit. Location: 14150 Pioneer Trail. (Resolution for PUD Concept Review) G. RIDGE AT RILEY CREEK 5TH ADDITION by JMS Custom Homes. Request for: Planned Unit Development Concept Review on 0.76 acres, Planned Unit Development District Review on 0.76 acres, Zoning District Amendment within the R1-13.5 Zoning District on 0.76 acres and Preliminary Plat of 0.76 acres. Location: 9567 Sky Lane. (Resolution for PUD Concept Review; Resolution for Preliminary Plat) X. PAYMENT OF CLAIMS CITY COUNCIL AGENDA November 20, 2012 Page 4 XI. ORDINANCES AND RESOLUTIONS A. SCHUSSLER BARN by Steven Schussler. Request for: Second Reading of the Ordinance for Heritage Preservation Site Designation, Second Reading of the Ordinance for Planned Unit Development Planned Unit Development District Review with waivers on 2.68 acres and Zoning District Amendment within the Rural Zoning District on 2.68 acres, Site Plan Review on 2.68 acres and Conditional Use Permit on 2.68 acres. Location: 14150 Pioneer Trail. (Ordinance for Heritage Preservation Site Designation, Ordinance for PUD District Review with waivers and Zoning District Amendment in the Rural Zoning, Resolution for Site Plan Review,Resolution for Conditional Use Permit) XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS A. SOUTHWEST LRT COMMUNITY ADVISORY COMMITTEE XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER 1. Resolution Authorizing Issuance of$10,550,000 General Obligation Permanent Improvement Revolving Fund Bonds, Series 2012C for Shady Oak Road North Project 2. Resolution to Submit Comments on the Southwest LRT Draft Environmental Impact Statement 3. Appoint Prosecuting Attorney C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR 1. Policy for Management of Nuisance Drainage Issues on Private Property F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY CITY COUNCIL AGENDA November 20, 2012 Page 5 XV. OTHER BUSINESS XVI. ADJOURNMENT ANNOTATED AGENDA DATE: November 16, 2012 TO: Mayor and City Council FROM: Rick Getschow, City Manager RE: City Council Meeting for Tuesday,November 20, 2012 TUESDAY, NOVEMBER 20, 2012 7:00 PM, COUNCIL CHAMBER I. CALL THE MEETING TO ORDER II. COLOR GUARD/PLEDGE OF ALLEGIANC III. OPEN PODIUM INVITATION Open Podium is an opportunity for Eden Prairie residents to address the City Council on issues related to Eden Prairie city government before each Council meeting, typically the first and third Tuesday of each month, from 6:30 to 6:55 p.m. in the Council Chamber. If you wish to speak at Open Podium, please contact the City Manager's office at 952.949.8412 by noon of the meeting date with your name,phone number and subject matter. If time permits after scheduled speakers are finished, the Mayor will open the floor to unscheduled speakers. Open Podium is not recorded or televised. If you have questions about Open Podium,please contact the City Manager's Office. IV. PROCLAMATIONS/PRESENTATIONS A. DONATION OF SCULPTURE BY THE EDEN PRAIRIE MORNING ROTARY CLUB (Resolution) Synopsis: The Eden Prairie Morning Rotary Club proposes to fund and donate a sculpture to be placed in front of the Eden Prairie Community Center. The sculpture is a twenty-five foot high soaring bird with a circle of waving stainless steel grass. During the design phase of the 2007 community center addition, the round-a-bout in front of the community center was identified as a future location for public art. Cathy Haukedahl and other Rotary Club members will attend the meeting to present their efforts and intentions to the Council. MOTION: Move to adopt resolution to approve the design, accept the donation and authorize the Mayor and City Manager to enter into an agreement with James Gabbert to commission the sculpture of the Flying Bird and Grasses. ANNOTATED AGENDA November 20, 2012 Page 2 B. RECOGNITION OF ANDREW SULLIVAN FOR HIS WORK ON THE LIQUID ASSETS VIDEO PROJECT Eden Prairie Utilities Division employee Andrew Sullivan is being recognized for his efforts on the award winning TV documentary "Liquid Assets Minnesota." Tonight Andrew will be presented an American Water Works Association — MN Chapter — Award that is newly created and named in his honor. He will also receive a letter of recognition from the American Society of Civil Engineers — MN Section. Andrew also received the Minnesota Rural Water Association 2012 Annual Achievement Award and the Water Environment Federation National Excellence in Public Education Award. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Move to approve the agenda. VI. MINUTES MOTION: Move to approve the following City Council minutes: A. COUNCIL WORKSHOP HELD TUESDAY, OCTOBER 16, 2012 B. CITY COUNCIL MEETING HELD TUESDAY, OCTOBER 16, 2012 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR MOTION: Move approval of items A-Q on the Consent Calendar. A. CLERK'S LICENE LIST B. APPROVE SECOND READING OF ORDINANCE AMENDING VARIOUS PORTIONS OF CITY CODE CHAPTER 3 INCLUDING THOSE RELATING TO THE STORM WATER CLASSIFICATION FOR TOWNHOMES AND ADOPT RESOLUTION APPROVING SUMMARY ORDINANCE FOR PUBLICATION C. ADOPT RESOLUTION AUTHORIZING EXECUTION OF THE CONSENT TO THE SUBORDINATE FINANINC FOR TRANSFER OF THE PARK AT CITY WEST APARTMENTS PROJECT FROM PACW EDEN PRAIRIE LLC TO PARK AT CITY WEST APARTMENTS LLC D. PROCLAMATION DECLARING NOVEMBER 24, 2012, AS SMALL BUSINESS SATURDAY IN EDEN PRAIRIE ANNOTATED AGENDA November 20, 2012 Page 3 E. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH STEVENS ENGINEERS FOR DESIGN AND ENGINEERING SERVICES FOR RINK 2 CONVERSION PROJECT F. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH ARENA SOLUTIONS TO PERFORM CONSTRUCTION MANAGEMENT SERVICES FOR THE RINK 2 CONVERSION PROJECT G. APPROVE UPDATED PURCHASING POLICY H. APPROVE UPDATED TRAVEL POLICY I. APPROVE PROFESSIONAL SERVICES FOR 2012 DEER MANAGEMENT PROGRAM WITH WHITE BUFFALO,INC. J. APPROVE RELEASE OF AGREEMENT REGARDING SPECIAL ASSESSMENTS (EDENVALE HIGHLANDS) K. APPROVE RELEASE OF AGREEMENT REGARDING SPECIAL ASSESSMENTS AND FIRST AMENDMENT REGARDING SPECIAL ASSESSMENTS (EDEN PRAIRIE WOODS) L. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH WENCK FOR LOCAL WATER MANAGEMENT PLAN (LWMP) UPDATE M. AWARD CONTRACT FOR STUDY AREA 4 OF THE LOWER MINNESOTA RIVER WATERSHED DISTRICT EROSION STABILIZATION PROJECT TO AMES CONSTRUCTION N. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH WENCK ASSOCIATES FOR THE TOWN CENTER DRAINAGE STUDY UTILIZING A MET COUNCIL TOD GRANT O. AWARD CONTRACT FOR THE HOMEWARD HILLS ROAD CULVERT REPLACEMENT PROJECT TO MINGER CONSTRUCTION,INC. P. AWARD CONTRACT FOR RECOATING OF THE WATER TREATMENT PLANT SIDE 3 CLARIFIERS TO CHAMPION COATINGS INC. Q. APPROVE THE EXCLUSIVE BROKERAGE LISTING AGREEMENT FOR LEASING BETWEEN THE CITY OF EDEN PRAIRIE AND CUSHMAN WAKEFIELD R. APPROVE SERVICE AGREEMENT WITH MOTOROLA FOR SERVICE OF 911 DISPATCH CONSOLE SYSTEM S. BELLERIEVE by Mike Gresser Second Reading of the Ordinance for Zoning District Change from Rural to R1-13.5 Zoning District on 23 acres Location: 10170 Riverview Road. (Ordinance for Zoning District Change) ANNOTATED AGENDA November 20, 2012 Page 4 T. ADOPT RESOLUTION APPROVING FINAL PLAT OF BELLERIEVE IX. PUBLIC HEARINGS/MEETINGS A. ADOPT RESOLUTION VACATING A PART OF THE DRAINAGE AND UTILITY EASEMENTS LYING OVER, UNDER AND ACROSS LOT 1, BLOCK 1,AND OUTLOT B, EDEN BLUFF HIGHLANDS 2ND Official notice of this public hearing was published in the November 1, 2012, Eden Prairie News and sent to 4 property owners. Synopsis: The property owner has requested the vacation of a part of the drainage and utility easements due to relocation of storm sewer originally covered by the easements and the dedication of new easements to cover the relocated storm sewer. The drainage and utility easements to be vacated were originally dedicated with the plat of Eden Bluff Highlands 2nd Addition to cover storm sewer. In order to accommodate a new building on an adjacent lot, the existing storm sewer has been relocated. New drainage and utility easements have been dedicated by the property owner to cover the relocated storm sewer. MOTION: Move to: • Close the public hearing; and • Adopt the resolution vacating a part of the drainage and utility easements lying over, under and across Lot 1 , Block 1 and Outlot B, Eden Bluff Highlands 2nd Addition, according to the recorded plat thereof, Hennepin County, Minnesota. B. ADOPT RESOLUTION ORDERING IMPROVEMENTS AND PREPARATION OF PLANS AND SPECIFICATIONS FOR EDEN PRAIRIE ROAD STREET AND UTILITY IMPROVEMENTS (SOUTH OF RILEY CREEK) Official notice of this public hearing was published in the November 1 and 8, 2012,Eden Prairie News and sent to 49 property owners. Synopsis: The City Council authorized a feasibility study of street and utility improvements for Eden Prairie Road improvements on October 16, 2001. This project has lingered for years with minimal support from area residents. In January, 2008 a neighborhood meeting was held to discuss the interest and timing of this project. At that time, the general consensus focused on a couple significant issues. The primary issues included delaying the project until demand for developable land returned to the market and waiting for Prospect Road improvements to occur. Prospect Road was needed to help manage traffic during construction of the Eden Prairie Road improvements. Both of these issues have been addressed this year so the timing of this project seems appropriate. Neighborhood meetings were recently held prior to the public hearing. Some of the comments received at the meetings included: • Residents want to see the street layout and preliminary plans ANNOTATED AGENDA November 20, 2012 Page 5 • Residents are subsidizing MAC and city share. They already pay high property taxes—why assessments? • They are concerned about traffic, safety and construction issues. • Residents want input on south section improvements—they want connection to CSAH 61 (Flying Cloud Drive)rather than the culdesac option. • Concerned about trail and park access. Based on the Eden Prairie Road South of Riley Creek Feasibility Report, it is determined that the proposed improvements are feasible, cost effective and necessary and the resulting benefit will equal or exceed the proposed assessments to the abutting and benefitting properties. It is therefore recommended that the City Council direct staff to proceed with the project on a schedule similar to the one suggested in the report. Since the City Council authorized the preparation of the feasibility study without a valid petition, all approvals associated with this project will require a 4/5 majority vote. MOTION: Move to: • Close the public hearing; and • Adopt resolution ordering improvements and preparation of plans and specifications for Eden Prairie Road South of Riley Creek Street and Utility Improvements C. PERRY RYAN by Perry Ryan. Request for: Sloped Ground Review on 1.1 acres. Location: 10197 Eden Prairie Road. Official notice of this public hearing was published in the November 8, 2012, Eden Prairie News and sent to 11 property owners. Synopsis: The applicant wants to construct a driveway on the property that has slopes greater than 12% and an elevation change of 30 feet. The property is 48,189 square feet. The amount of disturbed area is 3,484 square feet or 7%. The disturbed area is proposed to be restored according to city standards for erosion control. A significant tree is any tree over 12 inches in diameter. There are 188 inches of significant trees. A total of 44 inches will be lost. The required tree replacement is 13 inches. The proposed plan provides 155 feet of sight distance to the south of the driveway which is the stopping sight distance for a vehicle traveling at 25 mph. Although the speed limit on Eden Prairie Road is 30 mph, we have reviewed the site conditions and for the following reasons believe the 155 foot sight distance is sufficient in this particular location: • The property is zoned rural and the expected use of the property is agricultural, therefore traffic entering and exiting the site is expected to be minimal. • Steep vertical grade and curvature approaching the proposed driveway limit speeds to approximately 25 mph. • Average Daily Traffic on Eden Prairie Road is under 1000 vehicles per day. • The existing topography and curvature of the roadway would require substantial additional grading to further increase the sight distance. The 120-Day Review Period Expires on January 18, 2013. The Planning Commission voted 5-0-1 to recommend approval of the project at the October 22, 2012 meeting. ANNOTATED AGENDA November 20, 2012 Page 6 MOTION: Move to: • Close the Public meeting; and • Approve and Authorize Issuance of a Land Alteration Permit to Perry Ryan for property at 10197 Eden Prairie Road subject to release by the City Engineer upon determination that the final contract documents conform to plans stamp dated November 20, 2012, as approved by the City Council. D. HOME DEPOT GARDEN CENTER EXPANSION/TRUCK RENTAL by Greenberg Farrow. Request for: Planned Unit Development Concept Amendment on 13.16 acres, Planned Unit Development District Review with waivers on 13.16 acres, Zoning District Amendment within the Commercial-Regional-Service Zoning District and Site Plan Review on 13.16 acres. Location: 13100 Valley View Road. (Resolution for PUD Concept Review) Official notice of this public hearing was published in the October 4, 2012, Eden Prairie News and sent to 86 property owners. Synopsis: This is a continued item from the October 16, 2012 meeting. Home Depot has provided letter indicating that the outdoor loud speakers will be discontinued. Home Depot has submitted a revised plan for the truck rental area along the west property line next to the garden area. This location has better screening from Valley View Road. Portions of the trucks will be visible above the 6 foot high fence when viewed from City Park property to the west and from homes to the north. The 120- Day Review Period Expires on January 14, 2013. The Planning Commission voted 5- 0 to recommend approval of the project at the October 8, 2012 meeting. MOTION: Move to: • Close the Public Hearing; and • Adopt the Resolution for Planned Unit Development Concept Review on 13.16 acres; and • Approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District Amendment in the C-Reg-Sery Zoning District on 13.16 acres; and • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions; and • Approve and Authorize Issuance of a Land Alteration Permit for the Home Depot Garden Center Expansion/Truck Rental project subject to release by the City Engineer upon determination that the final contract documents conform to plans stamp dated October 16, 2012, as approved by the City Council. ANNOTATED AGENDA November 20, 2012 Page 7 E. INTERNATIONAL SCHOOL OF MN RESIDENCE HALL ADDITION by Harriss Architects. Request for: Planned Unit Development Concept Review on 58.29 acres, Planned Unit Development District Amendment on 58.29 acres, Zoning District Amendment within the Public Zoning District on 58.29 acres and Site Plan Review on 58.29 acres. Location: 6385 Beach Road. (Resolution for PUD Concept Review) Official notice of this public hearing was published in the November 8, 2012, Eden Prairie News and sent to 45 property owners. Synopsis: This project is an amendment to the 1987 Planned Unit Development (PUD). The amendment is for a residence hall with three future phases and administration offices. These are permitted uses in the Public zoning district. The site plan shows the following: • A 3-story 20,965 sq. ft. residence hall. • 3 future residence hall additions ranging from 10,389-16,731 sq. ft. • A future 16,000 sq. ft. administration office building. The project will require the following waiver: 1. Building Height from 30 feet to 42 feet for the residence halls. The building setback to property lots lines is greater than the code requirements. The additional setback helps mitigate the increase in building height. Type of setback Minimum Setback Actual Setback Front—abutting Hwy 62 50 300 feet Side(east) 50 78 feet Side(west) 100 1,000 feet Rear—abutting Bryant Lake 200 (shoreland requirement) 1,500 feet The 120-Day Review Period Expires on January 28, 2013. The Planning Commission voted 5-0 to recommend approval of the project at the October 22, 2012 meeting. MOTION: Move to: • Close the Public Hearing; and • Adopt the Resolution for Planned Unit Development Concept Review on 58.29 acres; and • Approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District Amendment within the Public Zoning District on 58.29 acres; and • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. ANNOTATED AGENDA November 20, 2012 Page 8 F. SCHUSSLER BARN by Steven Schussler. Request for: Planned Unit Development Concept Review on 2.68 acres, Planned Unit Development District Review with waivers on 2.68 acres, Zoning District Amendment within the Rural Zoning District on 2.68 acres, Heritage Preservation Site Designation, Site Plan Review on 2.68 acres and Conditional Use Permit. Location: 14150 Pioneer Trail. (Resolution for PUD Concept Review) Official notice of this public hearing was published in the November 8, 2012, Eden Prairie News and sent to 2 property owners. Synopsis: Steven Schussler wants to use the barn as an event center and build a 432 square foot accessory structure in the Rural Zoning District. This requires the property to be designated as a Heritage Preservation Site and a Conditional Use Permit. The city code allows for adaptive re use of historically designated properties for commercial or office uses in the Rural Zoning District by conditional use permit. The property is zoned Rural. The following waivers are required in the rural zoning district. • Lot size from 10 to 2.68 acres. This is an existing condition. • Driveway aisle width from 25 feet to 20 feet. This is an existing condition. • Accessory structure setback from 30 feet to 5. The building could be moved west to meet the setback but would encroach into a drainage easement. • Parking setback on east property line from 10 feet to 4.3 feet. This is an existing condition. • Parking surface from hard surface to gravel. This is an existing condition and part of the historic site character. • Waiver for offsite parking. Required parking for an event center is based on the number of seats (208) or 104 spaces. The site has the capacity for 15 spaces. The applicant has an agreement with Elliot Aviation and Grace Church for additional parking. Second reading of the zoning ordinance, heritage site designation ordinance, site plan review and conditional use permit are located under Ordinances and Resolutions on the agenda. The 120-Day Review Period Expires on December 28, 2012. The Heritage Preservation Commission first reviewed the proposed designation of the Goodrich Ramus Barn as a Heritage Site Designation at the October 15, 2012, meeting. A public hearing was held on November 19, 2012 to approve the designation. Staff will update the City Council on the vote. The Planning Commission voted 6-0 to recommend approval of the PUD, zoning amendment and conditional use permit at the October 22, 2012 meeting. ANNOTATED AGENDA November 20, 2012 Page 9 MOTION: Move to: • Close the Public Hearing; and • Adopt the Resolution for Planned Unit Development Concept Review on 2.36 acres; and • Approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District Amendment in the Rural Zoning District on 2.36 acres; and • Adopt 1st reading of an Ordinance to Designate the Goodrich- Ramus Barn as a Heritage Preservation Site G. RIDGE AT RILEY CREEK 5TH ADDITION by JMS Custom Homes. Request for: Planned Unit Development Concept Review on 0.76 acres, Planned Unit Development District Review on 0.76 acres, Zoning District Amendment within the R1-13.5 Zoning District on 0.76 acres and Preliminary Plat of 0.76 acres. Location: 9567 Sky Lane. (Resolution for PUD Concept Review; Resolution for Preliminary Plat) Official notice of this public hearing was published in the November 8, 2012, Eden Prairie News and sent to 23 property owners. Synopsis: The Ridge at Riley Creek 5th Addition was given preliminary approval for 5 single family lots at the February 21, 2012 City Council meeting. JMS Custom Homes has recently decided to modify the plan and not include property at 9667 and 9687 Sky Lane. The proposal is to plat one existing lot into two single-family lots. The proposed lots meet the requirements for the R1-13.5 zoning district. The 120-Day Review Period Expires on December 31, 2012. The Planning Commission voted 5-0 to recommend approval of the project at the October 22, 2012 meeting. MOTION: Move to: • Close the Public Hearing; and • Adopt the Resolution for Planned Unit Development Concept Review on 0.76 acres; and • Approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District Amendment within the R1-13.5 Zoning District on 0.76 acres; and • Adopt the Resolution for Preliminary Plat on 0.76 acres into 2 lots; and • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. ANNOTATED AGENDA November 20, 2012 Page 10 X. PAYMENT OF CLAIMS MOTION: Move approval of the Payment of Claims as submitted (Roll Call Vote). XI. ORDINANCES AND RESOLUTIONS A. SCHUSSLER BARN by Steven Schussler. Request for: Second Reading of the Ordinance for Heritage Preservation Site Designation, Second Reading of the Ordinance for Planned Unit Development Planned Unit Development District Review with waivers on 2.68 acres and Zoning District Amendment within the Rural Zoning District on 2.68 acres, Site Plan Review on 2.68 acres and Conditional Use Permit on 2.68 acres. Location: 14150 Pioneer Trail. (Ordinance for Heritage Preservation Site Designation, Ordinance for PUD District Review with waivers and Zoning District Amendment in the Rural Zoning, Resolution for Site Plan Review, Resolution for Conditional Use Permit) Synopsis: Final approval of ordinances and resolutions related to the use of the Goodrich Ramus Barn as Heritage Preservation site and Conditional Use Permit for adaptive reuse. The 120-Day Review Period Expires on December 28, 2012. MOTION: Move to: • Approve 2nd Reading of the Ordinance for PUD District Review and Zoning District Amendment in the Rural Zoning District; and • Approve 2nd reading of the Ordinance for Heritage Preservation Site Designation; and • Adopt a Resolution for Site Plan Review; and • Adopt a Resolution for Conditional Use Permit XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS A. SOUTHWEST LRT COMMUNITY ADVISORY COMMITTEE Synopsis: John Miller is Corporate Director of Asset Management for Supervalu and has agreed to replace Patrick Bernal on the CAC who recently retired from Supervalu and moved to Florida. The Community Advisory Committee (CAC) was organized by the Metro Council to be a voice for the community and to advise the Southwest LRT Management Committee and the Southwest LRT Community Works Steering Committee during planning and implementation of the Southwest LRT line. The responsibilities of the Community Advisory Committee include: ANNOTATED AGENDA November 20, 2012 Page 11 1. Advising on communications and outreach strategies related to Southwest LRT. 2. Providing input on light rail design and engineering topics including but not limited to station location,parking, access to station and freight rail location. 3. Providing input on station area vision and character for development from a community perspective. 4. Reviewing and commenting on major initiatives and actions of the Southwest LRT Community Works program. 5. Identifying potential issues and reviewing strategies to mitigate the impacts of construction and operations on residences, businesses,parks and trails. 6. Serving as an information resource and liaison to the greater corridor community. Meetings are held on the second Thursday of every month from 6:00 to 8:00 p.m. Members represent the diverse interests and stakeholders along the Southwest LRT line, and includes people from neighborhood groups, special interest groups, advocacy groups, educational institutions and ethnic communities. Members are appointed for a one-year term and reconfirmation of membership is requested annually. MOTION: Move to appoint John Miller as a representative for the City of Eden Prairie on the Southwest Light Rail Community Advisory Committee. XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER 1. Resolution Authorizing Issuance of$10,550,000 General Obligation Permanent Improvement Revolving Fund Bonds, Series 2012C for Shady Oak Road North Project Synopsis: The 2012C bonds will finance the Shady Oak Road Project— North. The bonds will be repaid through special assessment. MOTION: Move to: Adopt resolution authorizing issuance, awarding sale, prescribing the form and details and providing for the payment of $10,550,000 General Obligation Permanent Improvement Revolving Fund Bonds, Series 2012C. ANNOTATED AGENDA November 20, 2012 Page 12 2. Resolution to Submit Comments on the Southwest LRT Draft Environmental Impact Statement Synopsis: Federal and state environmental rules require that an Environmental Impact Statement (EIS) be prepared for the proposed Southwest Transitway Light Rail Transit (LRT)project. The EIS process includes the preparation of a Draft Environmental Impact Statement (DEIS), which must be made available for public review and comment. The DEIS is now available and can be viewed at www.southwesttransitway.org. City staff has reviewed the Southwest Transitway DEIS. The attached draft letter includes 9 general comments in the following areas: • Support of Alternative 3A with recommendations to move the Town Center Station closer to the Town Center or Eden Prairie Center. • Process for locating Operations and Maintenance Facility(OMF). • Park and Ride locations, size and opportunity for city input. • Coordination with SouthWest Transit. • LRT crossings of Valley View Road and Mitchell Road. • Location,placement and screening of Traction Power Sub-Station (TPSS) and other signal cabinets. • Mitigating design and construction impacts of the project. Also, included in the letter are 34 detailed comments on various elements of the DEIS. Written comments on the DEIS will be accepted through December 11, 2012. Following the close of the comment period, FTA and the project sponsor will consider all comments submitted and will respond to those comments in the Final EIS. MOTION: Move to adopt resolution to submit comments on the Southwest Light Rail Transit Draft Environmental Impact Statement. 3. Appoint Prosecuting Attorney Synopsis: The current contract for Prosecuting Attorney Services is set to expire at the end of December 2012. This summer staff conducted a Request for Proposal (RFP)process for this service. The process was modeled after the 2009 Prosecuting Attorney Services RFP process. Staff sent RFPs to law firms who submitted proposals to the City during the 2009 process and posted notice of the RFP on the City's website,the Eden Prairie News and the Star Tribune. Five firms submitted proposals: Bonner& Borhart, Campbell Knutson, Chestnut Cambronne, Gregerson, Rosow, Johnson&Nilan and Tallen and Baertschi. In September City Manager Rick Getschow, Police Chief Rob Reynolds and Deputy Chief Jim DeMann interviewed all five firms. They ANNOTATED AGENDA November 20, 2012 Page 13 narrowed the list to two finalists: Campbell Knutson and Gregerson, Rosow, Johnson&Nilan,based on the firms' philosophies on prosecution and their municipal prosecution experience. Campbell Knutson is a large firm that provides municipal prosecution services for a number of cities including Burnsville, Lakeville, Plymouth, Chanhassen, Farmington and Northfield. Gregerson, Rosow, Johnson &Nilan currently provides city attorney services for Eden Prairie and provided prosecution services for Eden Prairie from 1978 to 2009. If Gregerson, Rosow, Johnson&Nilan receive the appointment, the City will have the opportunity to provide some input into the selection of the prosecuting attorney. Campbell Knutson's proposal included $125/hour for attorneys and $80/hour for legal assistants and law clerks. Staff contacted the Cities of Burnsville, Lakeville and Plymouth and learned the actual annual costs paid to Campbell Knutson in 2011 ranged from $207,334 (Lakeville) to $290,448 (Plymouth) to $346,800 (Burnsville). Gregerson, Rosow,Nilan& Johnson propose a flat $225,000 for each of the three years in the contract. However, the price may be negotiable depending on the selection of the prosecuting attorney. Recommendation While both firms have a strong record in prosecution services, staff recommends that the contract for prosecution services be awarded to Gregerson, Rosow,Nilan& Johnson. Staff believes the City would benefit from having the same firm provide both prosecution and city attorney services. The two positions need to collaborate on a number of issues that cross between civil and criminal including city code violations. Having just one firm work on these cases provides efficiencies to the firm and the City. In addition, Gregerson, Rosow,Nilan& Johnson would have one attorney dedicated full-time to serving as the City's prosecutor rather than having one person who shares their time with other cities. Having a dedicated attorney who works solely on Eden Prairie cases will allow the attorney to spend more time on smaller cases such as city code violations. While on the surface code violations can seem minor, for many residents these issues are extremely important to them as they can greatly affect their quality of life. Spending more time to resolve these issues can increase the quality of life for all Eden Prairie residents. Lastly, Gregerson, Rosow,Nilan& Johnson has had a longstanding relationship with the City of Eden Prairie, having served as our City Attorney since 1978. They have a proven record of excellence with our community having provided quality work that reflects the City's philosophy on both civil and criminal matters. ANNOTATED AGENDA November 20, 2012 Page 14 MOTION: Move to approve the appointment of and enter into an agreement with Gregerson, Rosow, Johnson & Nilan to provide Prosecuting Attorney Services. C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PUBLIC WORKS DIRECTOR 1. Policy for Management of Nuisance Drainage Issues on Private Property Synopsis: This is an informational item. No action is requested. Currently, there is no formal policy to guide City personnel involved with managing disputes caused by storm water runoff on private property. The lack of a policy makes it difficult for staff to distinguish when the matter is a public issue versus a private issue. It is proposed that a policy should be developed that clearly defines the City's role and responsibility in managing these affairs. E. REPORT OF POLICE CHIEF F. REPORT OF FIRE CHIEF G. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Move to adjourn the City Council meeting. CITY COUNCIL AGENDA DATE: SECTION: Proclamations and Presentations November 20, 2012 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IV.A. Jay Lotthammer, Director, Donation of a Sculpture from the Eden Parks and Recreation Prairie Morning Rotary Requested Action Move to: Adopt resolution to approve the design, accept the donation and authorize the Mayor and City Manager to enter into an agreement with James Gabbert to commission the sculpture of the Flying Bird and Grasses. Synopsis The Eden Prairie Morning Rotary Club proposes to fund and donate a sculpture to be placed in front of the Eden Prairie Community Center. The sculpture is a twenty-five foot high soaring bird with a circle of waving stainless steel grass. During the design phase of the 2007 community center addition, the round-a-bout in front of the community center was identified as a future location for public art. Cathy Haukedahl and other Rotary Club members will attend the meeting to present their efforts and intentions to the Council. Background Staff was approached by members of the Eden Prairie Morning Rotary Club to discuss the concept of a"Rotary Legacy Project". The proposal of public art was discussed and a process determined to secure additional funds and select an artist and a concept. The Morning Rotary has also secured donations from the Eden Prairie Noon Rotary Club and the Edina Rotary Club. In addition, a grant from Rotary International has been secured. Parks and Recreation staff members along with Rotary Club members recruited and interviewed artists. The concept selected is the Flying Bird and Grasses by James Gabbert. Mr. Gabbert is a longtime resident of Eden Prairie and an accomplished sculpture. The concept was reviewed at the November 5th Parks, Recreation and Natural Resources Commission meeting and was unanimously approved to be recommended to the City Council for acceptance. Attachments Concept Graphic Resolution t. 1.11111 u.COMWJNirr(WERw - _ 0. ra..w lt..w. ci 7#1 A r. ,.., A _ . Win .• Ik A r- -1� : _- j10 ,rr lillpMllIllr • r.l CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2012- RESOLUTION RELATING TO ACCEPTANCE OF GIFTS BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT: The gift to the City of the Flying Bird and Grasses sculpture to be located in front of the Eden Prairie Community Center is hereby recognized and accepted by the Eden Prairie City Council. And; the design and authorization for the Mayor and City Manager to enter into an agreement with James Gabbert to produce the sculpture is granted. ADOPTED by the City Council of the City of Eden Prairie this 20th day of November, 2012. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Proclamations &Presentations November 20, 2012 DEPT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IV.B. Recognition of Andrew Sullivan's Participation in the Documentary Liquid Assets Minnesota Synopsis Eden Prairie Utilities Division employee Andrew Sullivan is being recognized for his efforts on the award winning TV documentary"Liquid Assets Minnesota." Tonight Andrew will be presented an American Water Works Association—MN Chapter— Award that is newly created and named in his honor. He will also receive a letter of recognition from the American Society of Civil Engineers—MN Section. Andrew also received the Minnesota Rural Water Association 2012 Annual Achievement Award and the Water Environment Federation National Excellence in Public Education Award. Attachment Letter MINNESOTA SECTION ASCE1 - REGION 3 American Society of Civil Engineers Minnesota www.ascemn.org BOARD OF DIRECTORS October 3, 2012 PRESIDENT Bill Arnold,P.E. The Honorable Nancy Tyra-Lukens,Mayor of Eden Prairie University of Minnesota and Members of the Eden Prairie City Council Department of Civil Engineering 500 Pillsbury Drive SE City of Eden Prairie Minneapolis,MN 55455-0116 8080 Mitchell Road (612)625-8582 Eden Prairie,MN 55344 email:arno1032@umn.edu PRESIDENT ELECT SUBJECT: Letter of Recognition for Andrew Sullivan for the Seth Spychala,P.E. Liquid Assets Minnesota Documentary AEC Engineering,Inc. 15 South 5th Street,Suite 400 Minneapolis,MN 55402 Dear Mayor Tyra-Lukens and Members of the City Council: (612)330-0297 sdspychala@aecengineering.com On behalf of the Minnesota Section of the American Society of Civil VICE PRESIDENT Engineers,we offer this letter of recognition for Andrew Sullivan's efforts INFORMATION SERVICES and resolve to engage Minnesota's water industry to create the hour long Steve Olson,P.E. Olson&Nesvold Engineers documentary"Liquid Assets: Minnesota". This excellent documentary is 7825 Washington Avenue S.,Suite 100 meant to help inform our citizens about Minnesota's water infrastructure. Bloomington,MN 55439 (952)767-2664 During the fall of 2009,Andrew first contacted us with an idea to promote email:steve.olson@one-mn.com Minnesota's water infrastructure through a documentary. At that time,his SECRETARY mission was to raise funds and build stronggrass roots support in the water Joe Bentler pp American Engineering Testing,Inc. infrastructure industry. Andrew began this effort with much passion. He 550 Cleveland Avenue North carried this passion through the fundraising efforts to the final completion St.Paul,MN 55114 (651)603-6616 of the documentary in the fall of 2011. Andrew routinely encouraged us to email:jbentler@amengtest.com continue to fundraise,promote the project, and recruit volunteers. TREASURER Elizabeth Boulton,P.E. Evidence of Andrew's efforts in fundraising,grass roots support,and Target promoting the project are easy to identify. The best measure of his success so S 10 Street,Suite 400 in the fundraisingefforts is thegoal was shattered—the project benefited TP3-1020 p J Minneapolis,MN 55403-2054 from twenty-five financial sponsors that resulted in contributions totaling (612)761-1348 almost double the original fundraising goal! The measure of his success in email:elizabeth.boulton@target.com the grass roots support is equally amazing—the project was led by eleven DIRECTOR partnering organizations. The measure of his success in promoting the TECHNICAL SERVICES Jim Hall,P.E. project continues. Today,the Liquid Assets: Minnesota documentary Short Elliott Hendrickson Inc. continues to air on Twin Cities' public television due to popular demand. 3535 Vadnais Center Drive Andrew continues to promote the project verbally,via e-mail,the website St.Paul,MN 55110 (651)765-2951 blogs,Facebook and Twitter. email:jhall@sehinc.com DIRECTOR Andrew deserves much credit for the success of this project. Please visit PROFESSIONAL SERVICES the project website to see his success: www.blueprintmn.com. We hope Bruce Holdhusen you agree that Andrew's efforts are worthy of recognition. MnDOT Research Services 395 John Ireland Blvd.,Mail Stop 330 St.Paul,MN 55155 Respectfully, 61-2325 email: email:holdhusen@infionline.net FIRST PAST RESIDENT Donald A. Demers,P.E.,M. ASCE Don Demers,P.E. SRF Consulting Group 2010-2011President—MN ASCE One Carlson Parkway,Suite 150 Minneapolis,MN 55447 Cc: Robert Ellis—Director of Public Works (763)249-6730 Board of Directors-MN ASCE email:ddemers@srfconsulting.com , I CIVIL n[ ffiMUM Civil Engineers... \,".' Designers and Builders of the Quality of Life ITEM NO.: VI.A. UNAPPROVED MINUTES CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY, OCTOBER 16, 2012 CITY CENTER 5:00 —6:25 PM, HERITAGE ROOMS 6:30 —7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Nancy Tyra-Lukens, Council Members Brad Aho, Sherry Butcher Wickstrom, Kathy Nelson, and Ron Case CITY STAFF: City Manager Rick Getschow, Police Chief Rob Reynolds, Fire Chief George Esbensen, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, Communications Manager Joyce Lorenz, City Attorney Ric Rosow, and Recorder Lorene McWaters Workshop-Heritage Room II Fire Chief Esbensen was absent. Ward Parker attended in his absence. I. CITY-OWNED AND HISTORIC PROPERTY INVENTORY Parks and Recreation Director Jay Lotthammer and Parks Manager Stu Fox presented a PowerPoint on city-owned properties, including historic properties. Lotthammer distributed a newly compiled City Property Inventory list comprised of 138 non-park, city-owned properties and a section map showing the location of each parcel. The list includes a description of the parcel, PID number, size, level of maintenance, and legal description of the parcel. City-owned parcels are acquired in a number of ways, including: • Purchased—City Hall, Maintenance Facility, Fire Stations, etc. • Deeded by Developer—Wetlands, steep slopes,ponds, road ROW, etc. • Donated—Art Center, wooded areas, etc. • Plat Designation—"Park"parcels • Land Exchange—Water Tower parcel • Tax-forfeiture—Creek corridor, road ROW, wetlands and parkland • Condemnation—Road ROW Types of property include: • City buildings (Fire Stations, Water Plant, Maintenance Facility) • Historic properties (i.e., Smith Douglas More House, Cummins Phipps Grill House, Riley Jacques Barn and House and Dorenkemper House) • Wetlands and storm ponds • Wooded lots City Council Workshop Minutes October 16, 2012 Page 2 • Lake access • Creek buffer • Slope protection areas • Parkland and conservation areas Fox described the different levels of maintenance staff applies on City-owned properties. Staff mows some park land, road ROW and trail corridors. Some parcels are left in their natural state, although the City is still responsible for control of noxious weeds on these lots. Wetlands are generally left alone, with the exception of some boardwalks that have been installed for residents to enjoy watching the wildlife. Discussion Maintained vs. Natural Areas Nelson said she has received complaints from residents about the 50-ft. strip at the edge of some parks that is not mowed. She said that it is unsightly, and it is unfair to residents. She said that should never happen, and that the City should mow to the edge of parks. Council Member Case said he has a different take on that practice. With the climate change issues we are facing, he would like to see more areas go natural as long as we encourage the right types of things to grow there. He said he would like to see the City model letting areas go natural. Lotthammer encouraged Council Members to refer residents with concerns about unmowed areas to Parks and Recreation. He also noted that the City has been moving toward mowing fewer areas. For instance, Pheasant Woods will no longer be mowed after this year. Nelson said she does not agree with the City's policy of letting trees that fall just lie there. She thinks if they are near a trail or a residence, the City should remove them. Case said it is a subjective call, depending on the location of the tree. Nelson said she would like to see her suggestion about mowing to the edge of properties be made official policy. Mayor Tyra-Lukens said she does not know if she agrees with that. Butcher Wisckstrom said it is a matter of aesthetics. There is often a transition period when establishing natural areas. Historic Preservation Butcher Wickstrom said the City used to have a staff member with historic preservation expertise. She is worried that we don't have that kind of knowledge and wisdom in- house. She asked if the contract heritage preservation specialist, John Gertz with Pathfinder, was consulted when the inventory of properties was compiled. Lotthammer said that Gertz, Paul Sticha—Facilities Manager, and Stu Fox—Parks Manager were all involved in the inventory process. Butcher Wickstrom said she also wants to make sure City Council Workshop Minutes October 16, 2012 Page 3 the City is still pursuing grants for preservation work, as well as projects focusing on "telling our story." Community Development Director Janet Jeremiah said the 2012 budget included$6,000 for contracted grant writing, as does the proposed 2013 budget. Case said the City did a good job in the 90s of telling our story, and in this decade the City has done a good job of preserving structures. He thinks it may be time to get back to telling our stories. Butcher asked if information about the history of Eden Prairie is on the City's web site. Jeremiah said the Heritage Preservation Commission may be interested in helping to get history information on the web site. Jeremiah also said they have expressed interest in placing interpretive panels at the various historic sites. Nelson said she would like more information about the City's historic properties on the website, especially those open to the public. She said it would be a good idea to interview surviving early residents to get their stories on audio before it is too late. Nelson said she thinks that would be a good project for an intern. Miscellaneous Mayor Tyra-Lukens asked how staff evaluates whether or not we want to acquire tax forfeit parcels, and whether or not we want to keep the ones we already own. Lotthammer noted that the inventory spreadsheet and accompanying map are the first comprehensive documents of their kind. The next step will be interdepartmental analysis, including determination of whether or not the City should continue to own each parcel. Some parcels cannot be sold because they were gifted to the City, and some properties obtained through tax forfeiture would revert back to the state. Fox said the City has a particular purpose in mind when they acquire parcels, such as road ROW, wetland preservation, stormwater ponds, etc. Council Member Aho said he it is a good idea for the City to divest itself of properties whenever it makes sense. Open Podium - Council Chamber II. OPEN PODIUM A. JOHN MALLO—REP. STENSRUD'S SENIOR EXPO Mallo spoke on behalf of a group of residents who are concerned about the Senior Expo Rep. Stensrud recently held at the Senior Center. He said it resulted in the inappropriate use of the City's logo in what he considers campaign literature (a brochure listing participating vendors and a flyer that was posted at the Senior Center). Mallo said he has spoken to several vendors and they indicated they were not aware that the Expo was sponsored by Stensrud's campaign committee. City Manager Rick Getschow said the City Attorney will be sending Rep. Stensrud a letter informing him that the City's logo is copyrighted and cannot be used without permission. Mallo said he believes the letter should come from the City Council, not the City Attorney. He also demanded that the letter be released to the public. Council Member Case noted that the letter would be a matter of City Council Workshop Minutes October 16, 2012 Page 4 public record and anyone who wants it can request it. Case also read an e-mail sent to the Council Members from Stensrud about the event and the use of logos. Mayor Tyra-Lukens said she can appreciate Mallo's concerns, and said when an event is held a month before the election, it has the appearance of being a campaign event. She also noted that campaign law required that the brochure be paid for by Stensrud's campaign because it was held within 90 days of the election. Case suggested that the City do some employee education around political events, etc. Aho pointed out that the event seemed to provide a real benefit to Eden Prairie's seniors, even if it was held close to the election. Butcher Wickstrom said everyone needs to be careful when an event is held this close to the election. B. CHRIS ENDRES—HONEY BEES Endres said he is a resident of Eden Prairie and a beekeeper. Since Eden Prairie does not allow beekeeping, he has hives up north and in Minnetonka. He said some portions of the City Code are contradictory in relation to beekeeping. He said categorizing honey bees as farm animals does not make sense. He asked the City Council to consider changing the City Code to allow beekeeping. He feels any problems arising from beekeeping can be addressed by nuisance laws. City Manager Rick Getschow said one reason bees are classified as a farm animal is that they produce food. Mayor Tyra-Lukens said she would like to address this topic during the regular Council Meeting. III. ADJOURNMENT ITEM NO.: VI.B. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, OCTOBER 16, 2012 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Council Members Brad Aho, Sherry Butcher Wickstrom, Ron Case, and Kathy Nelson CITY STAFF: City Manager Rick Getschow, Public Works Director Robert Ellis, City Planner Mike Franzen, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, City Attorney Ric Rosow and Council Recorder Jan Curielli I. ROLL CALL/CALL THE MEETING TO ORDER Mayor Tyra-Lukens called the meeting to order at 7:05 PM. II. COLOR GUARD /PLEDGE OF ALLEGIANCE Mayor Tyra-Lukens thanked Cub Scout Pack 348, Den 16, sponsored by Pax Christi, for presenting the colors. III. OPEN PODIUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS A. COMMUNITY MURAL Lotthammer said the City has been focused on introducing public art into the City. The City collaborated with artist Emily Taylor to create a traveling community mural, "Heritage in the Prairie." Ms Taylor described the mural and the process she used to create it. Tyra-Lukens suggested the mural have an accompanying piece that identifies the sites depicted in the mural. B. TWIN CITIES OBESITY PREVENTION COALITION WINDOW CLINGS Lotthammer said in August Eden Prairie became one of the few cities to be part of an action to make people aware of fighting obesity and the benefits of a healthier life style. Jennifer Anderson and Dr. Peter Dehnel, representing the Twin Cities Obesity Prevention Coalition, presented window stickers designed for city buildings and vehicles promoting the City as a healthy eating and active living community. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS CITY COUNCIL MINUTES October 16, 2012 Page 2 Case added Item XIV.A.1. Tyra-Lukens added Item XIV.A.2. MOTION: Butcher Wickstrom moved, seconded by Nelson, to approve the agenda as amended. Motion carried 5-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, OCTOBER 2, 2012 MOTION: Aho moved, seconded by Case, to approve the minutes of the Council workshop held Tuesday, October 2, 2012 as published. Motion carried 4-0-1 with Tyra-Lukens abstaining. B. CITY COUNCIL MEETING HELD TUESDAY, OCTOBER 2, 2012 MOTION: Nelson moved, seconded by Butcher Wickstrom, to approve the minutes of the City Council meeting held Tuesday, October 2, 2012 as published. Motion carried 4-0-1 with Tyra-Lukens abstaining. VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. ADOPT RESOLUTION NO.2012-139 DECLARING PROPERTY AS ABANDONED PROPERTY C. ADOPT RESOLUTION NO. 2012-140 APPROVING EMPLOYEE INTERCHANGE AGREEMENT WITH METROPOLITAN COUNCIL FOR SOUTHWEST LIGHT RAIL TRANSIT PROJECT D. ADOPT RESOLUTION NO. 2012-141 ENDORSING FUNDING APPLICATION FOR MITCHELL ROAD/BAKER ROAD (CSAH 60) SIDEWALK IMPROVEMENT E. APPROVE PURCHASE OF GE-IFIX SOFTWARE UPGRADE FOR WATER TREATMENT PLANT CONTROLS SYSTEM F. APPROVE REHABILITATION DEFERRED GRANT PROGRAM AGREEMENT BETWEEN THE CITY OF EDEN PRAIRIE AND PROP G. APPROVE REHABILITATION DEFERRED GRANT PROGRAM AGREEMENT BETWEEN THE CITY OF EDEN PRAIRIE AND THE PROP SHOP H. APPROVE BROKER LISTING AGREEMENT FOR CH ROBINSON SPACE CITY COUNCIL MINUTES October 16, 2012 Page 3 I. SET PUBLIC HEARING FOR TUESDAY, DECEMBER 4, 2012, REGARDING MODIFICATION OF TIF DISTRICT 12 MOTION: Case moved, seconded by Aho, to approve Items A-I on the Consent Calendar. Motion carried 5-0. IX . PUBLIC HEARINGS/MEETINGS A. RESOLUTION NO. 2012-142 APPROVING SPECIAL ASSESSMENTS PRESENTED IN THE FALL OF 2012 Getschow said this is an annual item where the City Council holds a public hearing and approves special assessments associated with projects throughout the year. The total amount proposed to be assessed is $570,891.88 and includes two fairly large project assessments. Rosow noted there is a slight wording change in the resolution to refer to the 30 days allowed for payment without interest being assessed. Case asked if the Council would be allowed to vote on the Bellerieve project prior to its being approved. Ellis said the special assessment is for trunk water and sewer so there would be a benefit to the property. Case asked if the special assessment would be negated if the project were not approved. Rosow noted that bringing sewer and water makes the property developable, and the infrastructure improvements increase the value of the property. Dean Longsyo distributed a handout to Council Members and said his property has a special assessment of$1,039.08 for emergency board up. He noted the amount was paid in full yesterday; however he believes this is a hardship case. The double bungalow was vacant and the insurance was canceled. After a fire in late 2011 damaged the building, the Police and Fire Departments prevented him from taking any action on the property. The board up work was done by a contractor,but it was never revealed to him that there would be an assessment for the work. He objected to the amount of the assessment. Getschow noted the handout says the assessment was paid. Mr. Longsyo said it was paid. Getschow said staff was aware of the fire but not the circumstances around it. Staff would need to talk to the building inspector and the Fire Chief about the circumstances. He asked if Mr. Longsyo had brought his concerns to the City prior to this. Mr. Longsyo said he spoke yesterday with Kevin Schmeig who said he would provide the bills involved in the board up work. Getschow said staff will work with Mr. Longsyo on this and report back. MOTION: Aho moved, seconded by Butcher Wickstrom,to close the public hearing and to adopt Resolution No. 2012-142 approving all Special Assessments presented in the fall of 2012 with the exception of the assessment for the Longsyo property. Motion carried 5-0. B. HOME DEPOT GARDEN CENTER EXPANSION/TRUCK RENTAL by Greenberg Farrow. Request for: Planned Unit Development Concept Amendment CITY COUNCIL MINUTES October 16, 2012 Page 4 on 13.16 acres, Planned Unit Development District Review with waivers on 13.16 acres, Zoning District Amendment within the Commercial-Regional-Service Zoning District and Site Plan Review on 13.16 acres. Location: 13100 Valley View Road. (Resolution for PUD Concept Review) Getschow said these requests are related to an expansion of their garden center and the addition of a truck rental area. The Planning Commission voted 5-0 to recommend approval of the project at the October 8, 2012 meeting. Mike Roche, representing GreenbergFarrow, said they want to expand the existing garden center toward the front parking lot to provide more space for seasonal sales items and provide screening as required. The other part of the project is to introduce Penske truck rentals through Home Depot. There would be 6-8 Penske trucks parked in the truck rental area. Tyra-Lukens asked about the fencing of the garden center expansion. Mr. Roche said the fencing would match the existing garden center with the same materials and colors Nelson asked about the placement of the Penske truck area in the middle of the parking area. Mr. Roche said the location shown on the plans is near the lumber canopy area, and the staff who rent the trucks are near the service area inside the building. He said they would be happy to work with the City to find the best location. Nelson said she would rather have it be as far to the edge as possible. Mr. Roche said that was agreeable to them. Case said the area of the parking lot they proposed is not used much, and trucks could pull in from either side. He said he would defer to the planning of the Home Depot experts. Mr. Roche said the trucks are being rented so they want to give a little more room to the drivers to get in and out. Aho suggested staff work with proponent to find the best location in teiius of safety and sight lines from Valley View Road. Tyra-Lukens said she did not see a landscape plan although she recalled seeing something about landscaping. Mr. Roche said a landscape plan was not included. Tyra-Lukens said she has some concerns about the screening. The addition to the garden area comes a lot closer to the road, and the screening all along Valley View is really minimal. She also had concerns about the very visible truck parking area and noted other truck rental firms in town are much more screened. She was also concerned that only 86 residents were noticed. We received one letter from a resident who is concerned about loudspeaker and music noise. This Home Depot is unusual in that it backs up to a residential community. She was concerned that adding on more outdoor space will mean more noise. Mr. Roche said they saw the letter from the resident and are talking to their staff about the speakers and phones. That situation will be rectified. He said Home Depot is committed to being a good neighbor and will work with City staff to limit the noise. CITY COUNCIL MINUTES October 16, 2012 Page 5 Tyra-Lukens asked if the percentage of outdoor shelf space includes things like putting out barbecue grills for 200 feet in front of the building. Jeremiah said the figures include all of the outdoor storage and the smaller items. Eileen Jumbeck, 13396 Zenith Lane, said her property is directly to the west of Home Depot. She was concerned the expansion of the garden area will mean more trucks beeping in the middle of the night and store staff outside until 2:00-3:00 AM. She was concerned about the size of the rental trucks and what kind of noise they will make. She noted they did turn out the spotlight at 10:00 PM after the neighbors complained, but she didn't think they should be allowed to work outside at 3:00 AM. Tom Kingsley, 13450 Valley View Road, was concerned about the noise issues. Nelson said she was not aware they were playing music outside with a speaker system and that concerns her. She had not envisioned any outside music or speakers. She was not interested in expanding this unless all the concerns expressed tonight are dealt with. Mr. Roche said outdoor communications and music should not happen during the night. Operations should start at 6:00 AM and end at 10:00 PM. Nelson said there should be no music outside, and she suggested their staff communicate with beepers, not intercoms. Aho said the staff at Home Depot do carry little communication devices. He would like to make sure we limit things. He suggested staff work this out with Home Depot and make sure they are not disturbing the neighbors. Butcher Wickstrom said she appreciated hearing these comments and agreed we have to do something about the noise issues. Tyra-Lukens said she was really concerned about screening and would like to see the trucks parked behind some kind of fence or totally screened. Rosow said we have until January 13 for the review period, and staff hasn't had an opportunity to discuss this with them. The waiver requested is for the entire expansion. Staff would appreciate being able to have discussions before first reading approval in order to see the details. Getschow said staff looked at the letter from the resident and the concerns of the writer about the noise. The issues expressed exist today and are not related to the expansion. Case said we do want to mitigate the impact on the neighbors as much as possible, and he was especially concerned about the noise. He did not think the trucks are being placed in a bad spot and did not agree the parking area should be pushed off to a 60-foot hill. He did want staff to go back and review it and bring back the best plan possible. Tyra-Lukens said the Planning Commission minutes indicate discussion about screening and adding trees,but there is nothing in the staff report or other material CITY COUNCIL MINUTES October 16, 2012 Page 6 about what the screening will be and where it will occur. Mr. Roche understood the landscaping near the garden center will be done on the islands. Aho thought they might put more trees near the area where the trucks are parked and by the NURP pond. Tyra-Lukens agreed there should be more screening around the truck area. Tyra-Lukens was not sure truck rental is what we want in our community, but she would feel much better if the trucks were screened, off to the side and not so visible from Valley View Road. Ms Jumbeck said she can see Home Depot from where she lives and that hill used to be a lot bigger. She said 80% of the trees Home Depot planted are dead. She noted residents who live at higher levels hear even more noise. Tyra-Lukens asked staff to address the status of the current landscaping and report back. MOTION: Nelson moved, seconded by Butcher Wickstrom, to continue the public hearing to the November 20 meeting of the City Council and to direct staff to work with proponent to resolve noise issues, landscaping, truck placement and other items discussed by the Council. Motion carried 5-0. C. MAC DEVELOPMENT SITES by Metropolitan Airports Commission. Request for: text amendment to Chapter 3 of the City's Comprehensive Guide Plan which will identify Airport Commercial and Airport Office zoning for the proposed parcels which are currently guided Airport, text amendment to Chapter 5 of the City's Comprehensive Guide Plan relating to safety zones, text amendment to Chapter 11 of the City Code to create the Airport Office and Airport Commercial Zoning Districts. Location: Flying Cloud Airport. (Resolution No. 2012-143 for Guide Plan Change) Getschow said the Metropolitan Airport Commission(MAC) has identified six development parcels at Flying Cloud Airport for potential future development for Airport Office or Airport Commercial uses. Official notice of this public hearing was published in the October 4, 2012,Eden Prairie News and sent to 676 property owners. The Planning Commission spent two consecutive meetings discussing this project. He noted this is the first step of a long process of development for MAC's commercial properties. Mike Franzen, City Planner, said there is a three part process for actions the Council will be considering. Action is requested this evening to establish the regulatory tools, the measures that will be used to judge the merits of the rezoning and site plan review. We are creating the Airport Office and Airport Commercial districts that are identical to the City's Office and Commercial designations. Development in the two new districts must establish a residential character, have the best part of the building towards the residential area and have lower light canopies. There are additional architectural and landscaping standards. In the rezoning process staff will look at the best place to put the building on each site and will look closely at transition issues. He noted it is also important for the Planning Commission, the City Council and the neighborhood to be involved. The resolution on the agenda tonight is the guide plan stage, and we can't take action until the Metropolitan Council approves. CITY COUNCIL MINUTES October 16, 2012 Page 7 John Fedora, 9820 Tree Farm Road, said the City Council has a document from the neighbors in the Tree Farm Road area. He noted the process will go a lot easier for everyone if Parcel 6 is removed from consideration. Parcel 6 lacks access, has an extreme terrain, contains wetlands, is a wildlife habitat and has a storm water culvert through it. He presented a signed petition from the neighbors requesting that Parcel 6 be removed. Jeff Schoenwetter said he is a builder in Eden Prairie and is representing many neighbors that live on Sky Lane. He believes MAC is a good neighbor; however, the Council needs to recognize that MAC is now a developer and should have to show their plans just as he does. Land west of Spring Road and Eden Prairie Road is zoned R-1, and any other developer would have to show a plan. He said he could not support future office use on property that is surrounded by R-1 property. He would support more residential building because that is what the guide plan shows. He noted the land on the west side of their property was acquired by MAC, and he asked if the airport gets to have special treatment as the boundaries of the airport are expanded. Brian Reid, 10009 Kiersten Place, said he is on the east end of Parcel 6. He bought his house two years ago and reconciled himself to having the airport there; however, this is a new development that probably will bring property values down. David Anderson, 15510 Crocus Lane, was concerned about the size of Parcels 3 and 4. He thought the proposed Holiday Station would have less impact on the surrounding neighborhood if it were built on Parcel 4 rather than Parcel 3. Jim Bendick said he owns the building near Parcel 7 and is concerned about what they plan to put there. He didn't think there was enough room there for a building and he was concerned about access. Jack Matz, 9752 Cupola Lane, said the City Attorney made the statement at the Planning Commission meeting that MAC could do whatever they want to do, so he wondered if we are wasting our time here tonight. Rosow replied MAC takes the position they don't have to listen to the City, while he takes the position that, with respect to this property, they do have to listen to the City. To avoid a large dispute about this, a compromise was worked out with MAC as to how they would go through our process. Their original proposal was to hold a public meeting, design something they wanted, and then let the City know about it. The City would have no input with respect to what was developed. He said his own position was that MAC has to listen to the City for development of these sites which will be developed for non-aeronautical usage. Mr. Matz asked if Parcel 3 is the vacant land. Franzen said it is vacant property outside of the soccer fields. Mr. Matz said the neighbors were told there would not be anything built on Parcel 2 and he was also concerned about access to that parcel. He asked if MAC pays taxes. Rosow replied they pay personal property tax in lieu of property tax. CITY COUNCIL MINUTES October 16, 2012 Page 8 MOTION: Case moved, seconded by Butcher Wickstrom, to close the public hearing. Motion carried 5-0. Case said he has often told people that ultimately MAC has the final authority to do what they want, but they did agree to go into a Joint Zoning commission so that we could be listened to. Rosow said this action has nothing to do with the JAZB. It is MAC's position that they have authority to develop their property without City input or approval. Case asked if there is case law for other reliever airports. Rosow said there was an opinion in 1992 from the Attorney General that we could not impose our zoning authority on the airport; however, his own opinion is that the 1992 opinion does not address non-aeronautical purposes. Case said that means we would have to be prepared to go to court. If we don't take this action, we would lose all leverage. This action would mean they would follow our building requirements. At least we get a seat at the table and have some political leverage. He was not happy with them coming tonight asking for approval of anything they want to do. While we are doing just the basic definitions tonight, that leaves it open for Parcel 6 to be developed as office. He thought neither Parcel 2 nor 6 should be zoned office. He asked if by participating tonight we are giving a nod of approval. He said he was not comfortable voting for this tonight. Nelson asked if this is an all or none situation, as she was more comfortable with the commercial than the office development. Rosow said he hasn't discussed that with MAC. The action tonight is to approve the language, not approve the rezoning for commercial or office use on any of the parcels. It will set up the mechanics that would allow them to come back at a new public hearing to request the actual rezoning of the parcels. Tyra-Lukens asked if that means we could be doing what we are tonight without talking about the specific parcels or their size and shape. Rosow said this puts the definitions in the code without any parcel designations applied to them. They will have more detail when they return,but it won't be a detailed kind of plan. He noted the agreement with MAC was a compromise and a means to avoid a dispute. This allows MAC to hear what the City Council is saying. We have an extension until January so there is still more time available. Aho asked what the resulting actions would be if we were to not approve the text amendment to the guide plan. Rosow said MAC would take that as a repudiation of the process and would then go about doing their development plans without City input. Aho said he would like to proceed with this part of it so we can investigate this further and have a seat at the table. We need to look at how we can be a part of the process and get as much out of this as we possibly can. Butcher Wickstrom was concerned that if we remove ourselves from this dialogue then we will not be in conversation with them. She wanted to do whatever it is that will keep us in conversation with MAC. CITY COUNCIL MINUTES October 16, 2012 Page 9 Tyra-Lukens asked if the two new classifications could be applied to other sites. Franzen said it would apply only to these parcels. Rosow noted the rest of the airport site is an aeronautical use. Nelson said she wanted to get as normal buildings as possible. She wanted to send a strong message to MAC that Parcels 1, 2 and 6 need a lot more work. She suggested MAC might want to start first with things that are more equitable for the community. She would like to take the office piece out of the agreement. It is very important that any businesses that go in meet our standards. She didn't want this to go without the message that the office pieces aren't seen as acceptable and need a great deal of work. Getschow noted Parcel 1 has been dropped. Aho said it was important to keep in mind that all of these potential businesses are going to be market driven. There will be a huge investment in capital to build them. While MAC may zone something as a particular classification, that doesn't mean they will find a business that will want to locate there. MOTION: Butcher Wickstrom moved, seconded by Aho, to adopt Resolution No. 2012-143 for Guide Plan text amendment to Chapter 3 of the City's Comprehensive Guide Plan which will identify Airport Commercial and Airport Office zoning for the proposed parcels which are currently guided Airport, and a text amendment to Chapter 5 of the City's Comprehensive Guide Plan relating to safety zones, and to approve 1st Reading of the Ordinance for a text amendment to Chapter 11 of the City Code to create the Airport Office and Airport Commercial Zoning Districts. Motion carried 4-1-0,with Case opposed. D. BELLERIEVE by Mike Gressor. Request for: Zoning District Change from Rural to R1-13.5 on 23 acres, Preliminary Plat of 23 acres into ten lots. Location: 10701 Riverview Road. (Resolution No. 2012-144 for Preliminary Plat) Getschow said official notice of this public hearing was published in the October 4, 2012,Eden Prairie News and sent to 66 property owners. This is a 10 lot single family subdivision that conforms to R1-13.5 requirements. The Planning Commission voted 8-0 on September 24, 2012 to recommend approval of the project with a condition that staff and the project proponent have reach an agreement on the outlot dedication. Marty Campion, Campion Engineering, said this 23-acre property will be subdivided into ten lots. It is on the south side of Riverview Road and has City sewer and water available on the northwest corner. He said nothing has been finalized, and they need City staff to come to the site to see what is being proposed. Nelson asked if the current home on the property will stay there. Mr. Campion said the existing home will stay in place and that is located on Lot 4. He noted the property has two distinct portions: the relatively flat portion closer to Riverview Road, and the sloped portion to the south that extends from the rear of the development pads to the Minnesota River. CITY COUNCIL MINUTES October 16, 2012 Page 10 Nelson asked if the part that is becoming park land is closest to the river. Mr. Campion said the trail is on the southern most edge adjacent to the Minnesota River. Lots 4, 5 and 6 will extend down to the river, and they are working with staff as to how the property along the river will be conveyed to the City. Nelson said she did not want to see homes built on those lots where there could be an issue of having them slide down the bluff. Jeremiah said there is a large scenic easement that would also impact the location of buildings on Lots 5 and 6. The line less than halfway to the south demarks the scenic easement. Case asked what the arrangements are for the scenic easement. Mike Gressor, property owner, said they want to clarify language that staff provided about the maintenance of the property. They want to be careful within the scenic easement that they have specific language to retain all the hardwood. They want to keep it in pristine condition, and that requires some forestry practices in order to keep it that way. They have a pervious surface trail for the neighborhood. Mr. Gressor said the City has asked that sewer and water be rehooked for his home. He thought it seems wasteful to abandon a working system. Case said he wanted to support this because there are ways we should keep the prairie oak savannah along the bluffs, but we also need a way to cut out buckthorn. He would like staff to work with the proponent to word this correctly to allow access to keep the scenic easement area healthy. Rosow replied the typical conservation easement states the area being preserved should be preserved in a natural condition. It covers all the issues raised by Mr. Case and provides a process for consulting with City staff on removing vegetation material. Case asked if there is a compelling reason for Mr. Gressor's sewer and water to remain hooked up as it is. Ellis said the services for Mr. Dresser come from the west to the east and cross another neighbor's property. We generally like to avoid those situations,but staff could look at the specific situation. Aho said we have called this both a scenic and a conservation easement and asked if the same rules apply to each type. Rosow said the document refers to a scenic/conservation easement. Nelson said there are beautiful oak trees that benefit the area, and she wanted that to be taken into account when discussing the sewer and water connection. She would like an answer on that issue before final reading. Mr. Gressor said the staffs concern is valid, and they are proposing to extend service to the property but not hook up until there is an issue. MOTION: Case moved, seconded by Aho, to close the public hearing; and to approve 1st Reading of the Ordinance for Zoning District Change from Rural to R1-13.5 on 23 acres; and to adopt Resolution No. 2012-144 for Preliminary Plat on 23 acres into 10 lots; and to direct staff to prepare a development agreement incorporating staff and commission recommendations and Council conditions. Motion carried 5-0. CITY COUNCIL MINUTES October 16, 2012 Page 11 X. PAYMENT OF CLAIMS MOTION: Butcher Wickstrom moved, seconded by Nelson, to approve the payment of claims as submitted. Motion was approved on a roll call vote,with Aho, Butcher Wickstrom, Case, Nelson and Tyra-Lukens voting "aye." XI. ORDINANCES AND RESOLUTIONS A. APPROVE FIRST READING OF ORDINANCE AMENDING VARIOUS PORTIONS OF CITY CODE CHAPTER 3 INCLUDING THOSE RELATING TO THE STORM WATER CLASSIFICATION FOR TOWNHOMES Getschow said a resident approached the Council earlier this year to ask staff to do some research into storm water rates and classification. After taking a close look at the storm water classifications, staff is recommending that we classify townhomes and similar properties as single family residential. The change would result in a small impact on revenue to the storm water fund. Other items included changes to make the ordinance consistent and to provide clarification. MOTION: Nelson moved, seconded by Case, to approve first reading of the ordinance amending various portions of City Code Chapter 3 entitled"Municipal and Public Utilities-Rules and Regulations, Rates, Charges and Collections", City Code Chapter 1 entitled"General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 3.99 entitled "Violation a Misdemeanor." Motion carried 5-0. XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. Honeybees--Council Member Case Case said an individual came to the Open Forum this evening with the idea that honeybees should not be considered farm animals as that excludes them from residential neighborhoods. He noted many cities promote honeybees. He asked that staff take the issue through a commission process if that is appropriate. Nelson said she was okay with looking into it but would like to go on record as being in favor of what the current ordinance states. 2. Traffic Issue--Mayor Tyra-Lukens CITY COUNCIL MINUTES October 16, 2012 Page 12 Tyra-Lukens said there is an issue on Staring Lake Parkway when the Oak Pointe School kids get out. Traffic congestion in and out of the parking lot causes a dangerous situation. She asked staff to approach the School District and discuss it with them. Getschow said staff will do that. B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR 1. Resolution No. 2012-145 Approving Purchase Agreement for Excess Right-of-Way Near Homeward Hills Road and Sunnvbrook Road Ellis said there is excess right-of-way near Homeward Hills Road and Sunnybrook Road now that Homeward Hills Road and the trails have been built. There is a non-conforming structure on that corner, and the City has an interest in having the property improved. The Planning Commission approved the sale of the property on August 13. The property was advertised in the Eden Prairie News for a minimum bid of$13,000. We received one bid of $13,001. The purchaser intends to demolish the existing structure, and could then subdivide the two parcels into two single family lots. Tyra-Lukens asked if access to both lots would be off Sunnybrook Road. Ellis said the portion of the lot with the existing structure will come off Sunnybrook, but the far south part of the lot will go out onto Homeward Hills Road. Nelson said there is an S-curve to the south of this property that is very dark at night. With a driveway coming out on Homeward Hills Road, we would need streetlights on the S-curve, and there will be a cost to do that. Ellis said there will be an opportunity to require the developer to put that in as the process goes forward. Nelson noted we need to put the streetlight in anyway. MOTION: Butcher Wickstrom moved, seconded by Aho, to adopt Resolution 2012-145 approving purchase agreement for excess right-of-way near Homeward Hills Road and Sunnybrook Road. Motion carried 5-0. 2. Resolution No. 2012-146 Receiving Feasibility Report and Setting a Public Hearing for Eden Prairie Road Improvements South of Riley Creek Ellis said the item to receive a feasibility report and set a public hearing for Eden Prairie Road improvements goes back to 2001 when the City Council asked for a feasibility report for construction of the roadway. We had meetings with the neighborhood after that, but there was no interest in doing CITY COUNCIL MINUTES October 16, 2012 Page 13 the improvements. The Ridge at Riley Creek and other developments have raised a lot of interest from property owners on that road. They are eager to move forward. Staff prepared the feasibility report, and we are scheduling a series of neighborhood meetings about the improvements. There will be a public hearing on the improvements on November 20. Nelson asked who would pay for the $4,500,000 cost for the project. Ellis said most of it would be paid by the benefitting property owners. The City does have some property so we would pay our share of the project cost. The developments there have escrowed a portion of money to pay for future assessments so a lot of the money has already been collected. He thought the undeveloped properties will be the ones that will have the most comments. He noted the cost is very reasonable considering the scope of the project. MOTION: Case moved, seconded by Butcher Wickstrom, to adopt Resolution No. 2012-146 to receive the feasibility report and to set a public hearing date for Eden Prairie Road improvements south of Riley Creek. Motion carried 5-0. F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Butcher Wickstrom moved, seconded by Case, to adjourn the City Council meeting. Motion carried 5-0. Mayor Tyra-Lukens adjourned the meeting at 9:18 PM. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar November 20, 2012 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.A. Christy Weigel, Clerk's License Application List 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 Private Kennel (2012 & 2013) Amendment to Liquor License Shawn & Kathy Meyer 2AM Closing Permit-Renewal 7320 Bagpipe Boulevard IESANDERS, LLC DBA: Panino Brothers 8335 Crystal View Road Raffle Organization: Foundation for Eden Prairie Leisery Inc Schools DBA: Brunswick Zone Eden Prairie Event: Taste of Eden Prairie 12200 Singletree Lane Place: MN Vikings Fieldhouse 9520 Viking Drive Date: February 23, 2013 Organization: International School Parent Association Event: Annual Staff&Parent Social Place: Bearpath Country Club 18100 Bearpath Trail Date: February 23, 2013 Temporary Liquor Organization: Foundation for Eden Prairie Schools Event: Taste of Eden Prairie Date: February 23, 2013 Place: MN Vikings Fieldhouse 9520 Viking Drive Organization: Church of Pax Christi Event: Annual Cana Dinner Date: February 9, 2013 Place: 12100 Pioneer Trail - 1 - CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda November 20, 2012 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.B. Office of the City Manager Second Reading of Ordinance Amending City Code Chapter 3 entitled"Municipal and Public Utilities—Rules and Regulations, Rates, Charges and Collections Requested Action Move to: • Approve second reading of the Ordinance amending various portions of City Code Chapter 3 entitled"Municipal and Public Utilities-Rules and Regulations, Rates, Charges and Collections", City Code Chapter 1 entitled"General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 3.99 entitled"Violation a Misdemeanor"; and • And adopt resolution approving summary ordinance for publication Synopsis The Ordinance was updated for the change to th e storm water classification for townhom es. Other changes were m ade so the ordinance is c onsistent with City p rocedures and to provide clarification. The most significant changes are listed below. • adjusting storm water classification and billing, moves townhome classification from Apartment classification to Single Family classification, change from a per acreage charge to a flat fee • revising meter accuracy look back to six years, consistent with State Statute • revising the procedure used to assess unpaid utili ty charges, remove specific dates which are given to the City from the County annually • revising the billing process for municipal utilities, references monthly and quarterly billing • deleting the subdivision on unmetered service, the City does not have unmetered service • deleting the Industrial Users Strength Charge, the Met Council now collects this charge directly, • incorporating, by reference, C ity Code Chapter 1 and City Code Section 3.99, which contain provisions relating to penalties. • removing years from statutory references, • replacing the term Cable TV with the term Cable System, • adding a subdivision number to the water and sewer connection certification provisions, • removing Deputy from the reference to the City Clerk Attachment • Ordinance Summary • Resolution re Ordinance Summary • Ordinance with 2012 updates CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO. - 2012 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,AMENDING CITY CODE CHAPTER 3,RELATING TO M UNICIPAL AND PUBLIC UTILITIES,AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 3.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. The following is only a summary of Ordinance No. -2012. The full text is available for public inspection by any person during regular office hours at the Office of the City Clerk. The Ordinance amends City Code Chapter 3 by: The Ordinance updates the regulation of utilities ira variety of ways including replacing the term Cable TV with the termCable System,deleting the Industrial Users Strength Charge, revising the billing process for municipal utilities, revising meter accuracy look backs to six years, revising the procedure used to assess unpaid utility chargesremoving years from statutory references,adding a subdivision number to the water and sewer connection certification provisions, removing Deputy from the reference to the City Clerk, deleting tit subdivision on unmetered service,adjusting storm water classifications, setting of rates, and billing provisions, and incorporating,by reference, City Code Chapter 1 and City Code Section 3.99, which contain provisions relating to penalties. EFFECTIVE DATE. This Ordinance shall take effect on , 2012. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on , 2012. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2012- A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO. 2012 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. _-2012 was adopted a nd ordered published at a regular meeting of the City Council of the City of Eden Prairie held on the day of , 2012. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNSEL OF THE CITY OF EDEN PRAIRIE, THAT TH E CITY COUNCIL FINDS,DETERMINES,AND ORDERS AS FOLLOWS: A. Ordinance No. _-2012 is lengthy. B. The text of sum mary of Ordinance No. -2012, attached hereto as Exhibit A, conforms to M.S. § 331A.01, Subd. 10, and is approved, and publication of the title and summary of the Ordinance will clearly inform the public of the intent and effect of the Ordinance. C. The title and summary shall be published once in the Eden Prairie News in a body type no smaller than brevier or eight-point type. D. A printed copy of the Ordinance sha 11 be made available for inspection by any person, during regular office hours, at the o ffice of the City Clerk, and a copy of the entire text of the Ordinance shall be posted in the City offices. E. Ordinance _-2012 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 day of , 2012. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk EXHIBIT A CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. - 2012 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,AMENDING CITY CODE CHAPTER 3, RELATING TO MUNICIPAL AND PUBLIC UTILITIES, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 3.99 WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. The following is only a sum mary of Ordinance No. - 2012. The full text is available for public inspection by any person during regular office hours at the Office of the City Clerk. The Ordinance amends City Code Chapter 3 by: The Ordinance updates the regulation of utilitie s in a variety of ways including replacing the term Cable TV with the term Cable System, deleting the Industrial Users Strength Charge, revising the billing process for m unicipal utilities, revising m eter accuracy look backs to six years, revising the procedure used to assess unpaid utility charges, removing years from statutory references, adding a subdivision num ber to the water and sewer connection certification provisions, removing Deputy from the reference to the City Clerk, deleting the subdivision on unmetered service, adjusting storm water classifications, setting of rates, and billing provisions, and incorporating, by reference, City Code Chapter 1 and City Code Section 3.99, which contain provisions relating to penalties. EFFECTIVE DATE. This Ordinance shall take effect on , 2012. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on , 2012. CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. -2012 AN ORDINANCE O F THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 3, RELATING TO M UNICIPAL AND P UBLIC UTILITIES, AND ADOPTING BY REFERENCE CITY CO DE CHAPTER 1 AND SECTION 3.99 WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS: Section 1. City Code Chapter 3, S ection 3.01, Subd. 3 is hereby am ended by deleting the w ord "TV" and replacing it with the word"System." Section 2. City Code Chapter 3, S ection 3.02, Subd. 1 is hereby amended by deleting the final sentence. Section 3. City Code Chapter 3, Section 3.02 is hereby amended by deleting Subd. 2 in its entirety. Section 4. City Code Chapter 3, Section 3.05 is here by amended by(i) deleting from the first sentence the word" mailed" and replacing it with the word"sent;" (ii) deleting from the secon d sentence the phrase "within twenty (20) days of ter the da to of mailing of the statem ent to the customer" and replacing it with the phrase "by the bill due date;" and(iii) inserting after the second sentence the following sentence: "Bills not paid by the due date shall be charged a late paym ent penalty of 1%per month until paid or until certified to taxes." Section 5. City Code Chapter 3, Section 3.05, Subd. 6 is hereby amended by deleting from the fourth and fifth sentences the word" months" and replacing it in eac h instance with the word "years." Section 6. City Code Chapter 3, Section 3.05, Subd. 8 is hereby amended by deleting paragraph (B) in its entirety and replacing it with the following paragraph"Each such charge is hereby made a lien upon the premises served. Un paid charges sh all not be certified to the coun ty auditor until notice has been provided to the owner of the prem ises involved. The notice shall be sent by first class mail and shall state that if payment is not m ade before the date for certificat ion, the entire amount unpaid plus an adm inistration fee will be certifie d to the county audito r for collection as other taxes are collected, The owner of the property shall have the option of paying the balance due on the account plus an administration fee until the date stated in the notice." Section 7. City Code Chapter 3, Section 3.07, Subd. 1 is hereby amended by deleting from the first sentence the year"1990." Section 8. City Code Chapter 3, Section 3.07, Subd. 1 (B) is hereby amended by inserting after the word"Subdivision"the number"5." Section 9. City Code Chapter 3, Section 3.07, Subd. 6 is hereby amended by deleting from the second sentence the word"Deputy." Section 10. City Code Chapter 3, Section 3.30 is hereby amended by deleting Subd. 9 in its entirety. Section 11. City Code Chapter 3, Section 3.75, Subd. 2 is hereby am ended by deleting from the first sentence the year"1992." Section 12. City Code Chapter 3, Section 3.75, S ubd. 4 is hereby am ended by(i) adding to Classification 1 after the words "Singl e Family" the phrase: "/Condos/Townhom es/ Flats/Twinhomes/Lofts/Doubles;" (ii) deleting from Classification 2 the words "Railroad ROW ;" and(iii)by adding to Classification 4 after the words "Golf Course"the words "/Railroad ROW." Section 13. City Code Chapter 3, Section 3.75, Subd. 8 is hereby am ended by deleting the last sentence in its entirety. Section 14. City Code Chapter 3, Section 3.75, Subd. 9 is hereby amended by(i) inserting into the first sentence after the words "single-fam ily" the phrase ", condos, townhom es, flats, twinhom es, lofts and double;" and(ii) inse rting into the second sentence of ter the words "assum ed that"the phrase "the average of all," and after the words "single-fam ily" the phrase ", condos, townhomes, flats, twinhomes, lofts and double." Section 15. City Code Chapter 3, S ection 3.75, Subd. 10 is hereby am ended by inserting into the second sentence after the words "issued every"the phrase "month or every." Section 16. City Code Chapter 3, Section 3.75, Subd. 11 is hereby am ended by deleting from the first sentence the year"1992." Section 17. City Code Chapter 1 e ntitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violat ion" and Section 3.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 18. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular m eeting of the City Council of the City of Eden Prairie on the day of , 2012, and fina lly read and adopted and ordered published at a regular meeting of the City Council of said City on the day of , 2012. Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor Published in the Eden Prairie News on the day of , 2012. CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda November 20, 2012 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.C. Office of the City Manager/ Resolution authorizing the City of Eden Finance, Sue Kotchevar Prairie, Minnesota to Consent to the subordinate financing in relation to the transfer of the Park at City West Apartments Project from PACW Eden Prairie LLC to Park at City West Apartments, LLC Requested Action Move to: Adopt Resolution authorizing the City of Eden Prairie to execute the consent to the subordinate financing in relation to the transfer of the Park at City West Apartments Project from PACW Eden Prairie LLC to Park at City West Apartments, LLC. Synopsis At the August 21, 2012, City Council Meeting, the Council consented to the transfer of the Park at City West Apartments Project. This consent to the subordinate financing allows the parties to complete the transfer. Attachment • Consent • Resolution CONSENT OF ISSUER The City o f Eden Prairie, a Min nesota municipal corporation (the "City"), consents to the borrowing by Park at City West Apartments, LLC from CBRE Capital Markets, Inc. of a loan in an am ount up to $7,500,000 (the "Subordinate Loan")to be secured by a Multif amily Mortgage, Assignment of Rents, Security Agreem ent and Fixture Financing Statem ent (the "2012 Mortgage"), which 2012 Mortgage will be subordinate to the Multifamily Mortgage, Assignment of Rents, Security Agreement and Fixture Financing Statement between Park at City West Limited Partnership and the City dated as of August 1, 2001 that secures the City's $14,905,000 Variable Rate Demand Multifamily Housing Revenue Refunding Bonds (P ark at City West Apartments Project) Series 2001. Nothing in this Consent shall be deem ed to make the undersigned or the Issuer a party to the Subordinate Loan for any purpose. Dated: November , 2012 THE CITY OF EDEN PRAIRIE, MINNESOTA, as Issuer Nancy-Tyra-Lukens, Mayor Rick Getschow, City Manager DAL:0103480/00006:2150951v1 CERTIFICATION OF MINUTES RELATING TO A SUBORDINATE LOAN SECURED BY THE PARK AT CITY WEST APARTMENTS PROJECT Issuer: City of Eden Prairie, Minnesota Governing Body: City Council Kind, date, time and place of meeting: A regular meeting held November 20, 2012, at 7:00 p.m. at the City Center. Members present: Members absent: Documents Attached: Minutes of said meeting (including): RESOLUTION AUTHORIZING THE CITY OF EDEN PRAIRIE, MINNESOTA TO CONSENT TO THE NEW OWNER OF THE PARK AT CITY WEST APARTMENTS PROJECT BORROWING A SUBORDINATE LOAN IN AN AMOUNT UP TO $7,500,000 FROM CBRE CAPITAL MARKETS, INC. TO BE SECURED BY A SUBORDINATE LIEN ON SAID PROJECT AND AUTHORIZING, APPROVING AND DETERMINING CERTAIN OTHER MATTERS IN CONNECTION THEREWITH I, the undersigned, being th e duly qualified an d acting recording officer of the public corporation referred to hereinabove, certify that the documents attached hereto, as described above, have been carefully com pared with the original records of said corporation in m y legal custody, from which they have been transcribed; that said documents are a correct and co mplete transcript of the mi nutes of a m eeting of the governing body of said corpora tion, and correct and corn plete copies of a 11 resolutions and other actions taken and of all docum ents approved by the governing body at said meeting, so far as they relate to the topic of this resolution; and that said m eeting was duly held by the governing body at the tim e and place an d was attended throughout by the members indicated above, pursuant to ca 11 and notice of such meeting given as required by law. WITNESS my hand officially as such recording officer on November , 2012. City Clerk DA L:0103480/00006:2149518v I CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2012- RESOLUTION AUTHORIZING THE EXECUTION OF A CONSENT TO THE NEW 0 WNER OF THE PARK AT CITY WEST APARTMENTS PROJECT BORROWING A SUBORDINATE LOAN IN AN AMOUNT UP TO $7,500,000 FROM CBRE CAPITAL M ARKETS, INC. TO BE SECURED BY A SUBORDINATE LIEN ON SAID PROJECT AND AUTHORIZING, APPROVING AND DE TERMINING CERTAIN OTHER MATT ERS IN CONNE CTION THEREWITH WHEREAS, pursuant to that certain Trust Indenture date d as of August 1, 2001 (the "Indenture"), between the City of Eden Prairie, Minnesota(the "Issuer") and Wells Fargo Bank, National Association, formerly known as Wells Fargo Bank Minnesota,N.A. (the "Trustee"), the Issuer has previously issued and there is outstanding $14,905,000 in aggregate principal am ount of its Variable Rate Demand Multifamily Housing Revenue Refunding Bonds (Park at City West Apartments Project) Series 2001 (the "Bonds"), the proceeds of which were used to fund a mortgage loan (the "Bond Mortgage Loan") to PACW Eden Prairie LLC (the " Seller"), as successor to Park at City West Limited Partnership (the "Original Owner"), and the proceeds of the Bond Mortgage Loan were used to refinance the 288-unit apartm ent project located in Eden Prairie, Minnesota, known as Park at City West Apartments (the "Project"); and WHEREAS, the Seller now desires to sell the Project to Park at City West Apartments, LLC (the "Buyer"), and the Buyer desires to finance a portion of the cost of acquiring the Project from the S eller with the proc eeds of a subordinate loan from CBRE Capita 1 Markets, In c ("CBRE") in an amount up to $7,500,000 (the Subordinate Loan"),which Subordinate Loan will be secured by a Multif amily Mortgage, Assignment of Rents, Security Agreement and Fixture Financing Statement that will be recorded again st the Project and will be subordinate to the lien securing the Bond Mortgage Loan(the "Subordinate Lien"); and WHEREAS, CBRE will assign the Subordinate Loan and the Subordinate Lien to Federal National Mortgage Association ("Freddie Mac"); and WHEREAS, pursuant to Section 5.7 of the Financing Agreem ent, dated as of August 1, 2001 (the "Financing Agreem ent"), by and among the Issuer, the T rustee and the Original Owner, the Buyer must (among other requirements) obtain the prior written consent of the Issuer to such Subordinate Loan and Subordinate Lien and must also satisfy the requirem ents under Section 9 of the Second Am ended and Restated Land Use Restriction Agreem ent, dated as of August 1, 2001 (the "Land Use Restriction Agreem ent"), by and among the Issuer, the Trustee, Sumitomo Trust&Banking Co. (U.S.A.) and the Original Owner; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA,AS FOLLOWS: DAL:0103480/00006:21495 l 8v 1 1. Incorporation of Preambles. The City Council hereby finds that,based on representations by the Buyer, all of the recitals contained in the preambles to this Resolution are full, true and correct and does incorporate them into this resolution by this reference. 2. Consent to Subordinate Loan. U pon the satisfaction of all requirem ents in connection with the Subordinate Loan and Subor dinate Lien provided for in the Financing Agreement and the Land Use Restriction Agreement, the Issuer is hereby authorized to provide its written consent to the Subordinate Loan and S ubordinate Lien. Such written consent shall be provided substantially in the form attached h ereto as Ex hibit A, with such changes as are determined by the auth orized officer of the I ssuer executing the written consent to not be inconsistent with this Resolution(such execution evidencing such determination). 3. Incidental Action. The officers of the Issuer are h ereby authorized and directed to execute in the nam e and on behalf of the Issuer any other docum ents and certificates necessary to the actions described above. Th e Mayor, C ity Manager, City Clerk and other officers of the Issuer are further authorized and directed to prepare and furnish certified copies of all of the proceedings and records of the Issuer relating to such actions. 4. Captions. The captions or headings in this R esolution are for convenience only and shall in no way define, limit, or describe the scope or the intent of any provision hereof S. Severability. If any section,paragraph, clause or provision of this R esolution shall be held invalid or unenforceable, th e invalidity or unenforceabili ty of such section, paragraph, clause or provision shall not affect any of the other provisions of this Resolution. 6. Repealer. All resolutions or orders, or pa rts thereof, in conf lict with the provisions of this resolution are to the extent of such conflict hereby repealed. ADOPTED by the Eden Prairie City Council this 20th day of November, 2012. Mayor, Nancy Tyra-Lukens ATTEST City Clerk, Kathleen Porta DAL:0103480/00006:21495 l 8v 1 EXHIBIT A FORM OF ISSUER CONSENT DAL:0103480/00006:2149518v 1 CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda November 20, 2012 DEPT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.D. Rick Getschow/City Small Business Saturday Proclamation Manager This is the second year the City of Eden Prairie is supporting the Small Business Saturday initiative by approving a proclamation. Small Business Saturday is a national initiative that marks a day to support the local businesses that create jobs,boost the economy and preserve neighborhoods around the country. The inaugural Small Business Saturday was held in 2010 and involved 130 small business advocate groups, 1.2M Facebook users, public and private organizations, and local governments. PROCLAMATION DECLARING NOVEMBER 24, 2012, AS SMALL BUSINESS SATURDAY IN EDEN PRAIRIE WHEREAS, the City of Eden Prairie believes that small businesses are the backbone of our economy and the glue that holds communities together; according to the United States Small Business Administration; and WHEREAS,there are currently 28 million small businesses in the United States; and WHEREAS, small businesses employ half of the employees in the private sector in the United States; and WHEREAS, 93 percent of US consumers believe it's important to support the local small businesses that they value in their community and 89 percent agree that locally- owned, independent businesses contribute positively through taxes and jobs; and WHEREAS, the City of Eden Prairie supports our local businesses that create jobs,boost our local economy and preserve our neighborhoods; and WHEREAS, advocacy groups and public and private organizations across the country have endorsed the Saturday after Thanksgiving as Small Business Saturday. NOW, THEREFORE, the Eden Prairie City Council hereby proclaims,November 24, 2012, as: SMALL BUSINESS SATURDAY AND urges the residents of our community, and communities across the country, to support small businesses and merchants on Small Business Saturday and throughout the year. Nancy Tyra-Lukens Mayor CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar November 20, 2012 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.E. Paul Sticha, Administration, Design and Engineering Consultant for Facilities Rink 2 Conversion Requested Action Move to: Authorize the Mayor and City Manager to enter into a professional services agreement with Stevens Engineers to perform design and engineering services for the Rink 2 Conversion project. Synopsis The Rink 2 floor has exceeded its theoretical useful life. A diligent preventive maintenance program has extended its life for several years longer than theoretical. Each of the last 3 years staff has spent $10,000 - $30,000 to repair piping and level the sand floor. Based on staff and consultants analysis, the rink is nearing the point of complete failure, similar to the failure of the Rink 1 floor in 2004. Stevens Engineering is one of the premier ice rink designers in the United States. Their proposed fee of 7.5% of construction cost is in line with industry standards. The construction cost is estimated to be in the range of$1,400,000 to $1,700,000 resulting in an Engineering Fee between $105,000 and $127,500. Background Information When Rink 3 was built in 2008 staff anticipated the future need for this conversion and added isolation valves and piping to convert Rink 2 to ammonia refrigerant. The ammonia chiller and cooling tower for Rink 3 were also upsized to incorporate Rink 2 at a future date. Stevens Engineers has been the Engineering Consultant on the following Ice Rink projects at the Eden Prairie Community Center; • 2004 Rink 1 floor reconstruction • 2005 Freon refrigeration system repair and refurbish • 2006 Computer Control system for Freon refrigeration system • 2008 Design of Rink 3 floor and refrigeration system Staff budgeted$1,100,000 in 2013 for the "basic" Rink 2 conversion and a smaller cooling tower for Rink 1. The basic conversion includes a new NHL size concrete floor, and heat exchangers for the sub-floor heat and ice melt pit which recovers about 25% of the waste heat. The smaller NHL size will reduce energy costs because the ice surface is smaller. At a recent Council Workshop a number of additional cost enhancements were recommended. These concepts will be considered during the design phase and more accurate cost estimates and payback periods will be developed for consideration. Some of the concepts include; • Additional waste heat recovery systems to recover up to 100% of the waste heat from compressors. (estimated at$350,000 to $400,000) • Low E ceilings for all three Rinks. (estimated at $50,000 to $100,000 per Rink) Staff will provide funding options and a recommendation for any enhancements when the contract is approved and these concepts are more fully developed. Attachments • Engineering Proposal from Stevens Engineers • Statement of Qualifications from Stevens Engineers Stevens October 10, 2012 Mr. Paul Sticha Facilities Manager 8080 Mitchell Road Eden Prairie, MN S5344-4485 Re: Professional Services Proposal—Rink 2 Floor Replacement, Equipment Additions and Waste Heat Recovery Project. Our File No. 900.12.161 Dear Mr.Sticha: Stevens is pleased to submit a proposal for professional engineering services for this project. We have a very good understanding of what is required for this project, are very familiar with the facility, and have the ice rink experience to successfully complete this project for you and the City of Eden Prairie. PROJECT UNDERSTANDING The original Community Center building was constructed in the late 1970's or early 1980's. Rink 1 included a standard NHL size concrete ice rink floor. Rink 2 was added in 1992 and includes an Olympic sized sand ice floor, Both rinks are served by a common direct, R-22, Rink Master Refrigeration System originally manufactured and Installed by Holmsten Ice Rinks. Rink 3 was added in 2007 and includes a standard NHL sized concrete ice rink floor and an indirect ammonia refrigeration system. Stevens has assisted the City in the design and construction phase services for the following improvements to the ice systems at the facility: ▪ 2004—Evaluation study of the ice system for Rinks 1 and 2. ■ 2004- Replacement of the ice rink floor in Rink 1. This included evaluating various types of systems and material options. • 2005-2006—Refrigeration system and waste heat recovery system improvements for Rinks 1 and 2. • 2007—Ice System for Rink 3 addition. The rink floor In Rink 2 is 20 years old and has exceeded its expected life. Leaks have occurred In the piping system and frost heave has been a problem along the transmission piping system to and from the rink pipe header systems. The City has budgeted for the rink floor replacement that includes connecting Rink 2 to the new, more energy efficient and environmentally friend ammonia refrigeration system for Rink 3. The refrigeration system was designed to accommodate this connection. Rink 2 will be reduced in size from an Olympic size floor to a standard NHL size floor. Other desired improvements include improving the facilities energy conservation and efficiency by increasing the use of waste heat recovered from the Rink 3 refrigeration system, installing low emissivity ceilings in all three Ice arenas and replacing the cooling tower for Rinks 1 and 2. 2211 O'Neil Road,Hudson,WI 54016 t 715.386.5819 t 651,435.2076 f 71.5.386,5879 www.stevensengineeis.coln ENGINEERS PLANNERS - SURVEYORS SCOPE OF SERVICES OStevens As Ice Rink Engineers and Consultants, Stevens will provide the specialized design and construction phase services required for the Rink 2 ice rink floor replacement and equipment and system additions, and the installation of low emissivity ceilings in all three rinks. Stevens will provide a step-by-step approach to your project as described below: Step 1.—Project Kickoff Meeting: An introductory meeting with you, City staff and any other interested parties to discuss the following: • Introduction of all players involved. • Project goals, • Project schedule. • Project budget. • Review of project • Demolition requirements and limits. ■ Code requirements. • Ice rink floor materials and design options including piping materials, header design, transmission main routing,desired rink dimensions, etc. ■ Refrigeration equipment additions and any recommend upgrades to the Rink 3 refrigeration system. • Waste heat recovery systems including adding a coil to pit for Rinks 1 and 2, subfloor heating for Rink 2, and resurfacer water for Rink 3. We understand that domestic hot water and pool equipment room are on the opposite side of the building, making it less feasible to serve with waste heat from the Rink 3 refrigeration system. However,we will assess the feasible of serving(preheating)these systems, • Rinks 1 and 2 cooling tower replacement/modification options to serve only Rink 1. ■ BMS modifications. Discuss current state of the facilities Building Management Control System by Johnson Controls and upgrades to the system to accommodate the new refrigeration equipment and systems and any other desired improvements. ■ Rink 2 dasher board replacement or modification options, ■ Review options and systems for low emissivity ceilings including materials, design, support and cabling, expected life, payback, and performance (e.g. efficiency, lighting,durability,etc.), ■ Conduct site investigation. City to provide all drawings of existing facility and past improvements, provide shopdrawings of all existing equipment, and provide utility information. Stevens already has much of the existing system information. Step 2-Preliminary Design: The information we collect during the kickoff meeting will be used to prepare Preliminary Design Phase Documents, During this step we will: • Prepare preliminary drawings for all systems and improvements. ■ Prepare draft of procurement and Division 1 documents in CSI format. ■ Prepare opinion of probable construction costs. • Update project schedule. • Meet with you, City staff and any other interested parties to review this information. • Revise preliminary design phase documents, opinion of probable construction costs and schedule after meeting with the City. • Prepare applications for energy rebates through the local utility companies. Mr. Paul Socha October 10, 2012 Page 2 of 5 2211 O'Neil Road,Hudson,WI 54016 t 715.386,581,9 t 65'1.436.2075 f 7 t5.386.Sa879 www.stevensengineers.com ENGINEERS • PLANNERS • SURVEYORS Step 3-Final Design: OSteven s After acceptance by the City of the Preliminary Design Phase Documents, we will: • Develop technical specifications for improvements in CSI format. ■ Prepare final procurement and Division 1 documents. ■ Update opinion of probable construction costs. ■ Update the project schedule, ■ Review final drawings, specifications, project schedule and opinion of probably construction costs with the City. ■ Revise bidding documents according to comments by the City. • Provide final drawings,specifications, and opinion of probable construction costs. Step 4—Advertise for Bids: We will prepare advertisement for bidding or provide language to City staff for preparation of document. Step 5—Bidding Phase: During this step we will: ■ Provide recommendation on bidding and award schedule. • Provide three(3)copies of bid documents to the City for your use. ■ Distribute copies of bid documents to contractors. ■ Answer questions from contractors, suppliers and the City during the bidding process. • Attend bid opening and record bid results. ■ Review the bid results and recommend award of construction contract. • Prepare construction contracts for review by the City. Step 6-Construction Engineering Phase The ice system (refrigeration system, ice rink floor and dasher boards) is the most important system in your ice arena facility. Proper installation of these systems plays a significant role in the economic and social success of the facility. Experienced ice arena specialists provide a higher level of confidence that the installation is done right and the final product is constructed as the design intended and the maximum efficiency of the system is achieved. We will provide the construction administration phase services necessary to monitor and document the construction of the project for the City. Some of the key site visits will include: • Pre-construction conference.To discuss the project requirements, expectations, communication, schedule, testing procedures, submittals, inspections and payment estimates and change order procedures. • Demolition. Observe removal of dasher board system, existing rink floor and other selected demolition work. ■ Transmission mains. Observe installation and backfilling of the transmission mains from Rink 3 refrigeration system to the rink floor in Rink 2. • Perimeter slab.Observe the final installation of the perimeter slab reinforcement and forms where replacement is required. • Sub-soil heat piping. Observe preparation of subgrade, installation of piping grid, including general layout, workmanship of joints and pressure test. • Floor insulation. Observe final installation of sand subbase and beginning installation of ice rink floor insulation. Discuss with contractor the method of installation for the insulation, header piping, and refrigeration piping. Mr. Paul Sticha October 10,2012 Page 3 of 5 2211 O'Neil Road, Hudson,WI 54016 t 715.386.581.9 t 651.436.2075 f 715.386.5879 www,stevensengineers.corn ENGINEERS • PLANNERS • SURVEYORS MStevens ■ Floor piping. Observe installation of the 1" ice rink floor piping to assure proper procedures are being followed regarding pipe connections, pipe supports, placement of outside pipe ring, connections to header pipe and reinforcement placement. This is also the time to start checking vertical and horizontal tolerances of the floor piping. Follow up visits will include a survey of the rink piping to verify final tolerances. ■ Refrigeration equipment inspection, Observe installation of refrigeration equipment, piping, control system modifications, waste heat recovery systems and snow melt coils, and other systems within the ice equipment room. Check equipment and piping clearances, piping supports, material conformance, etc. ' Ice rink floor concrete pour. Observe placement of the concrete for Rink 2 including continuously monitoring deliveries of concrete and on-going test results, material consistency, and contractor and suppliers' quality control means and methods. Observe finishing and curing procedures. ▪ Final inspection/ice equipment start-up. Perform a final walk through of the systems generating a list of items(punch list)to be completed. Discuss start up and shut down procedures with the contractor and Owner. Review Operation and Maintenance manuals with the contractor and Owner. Witness and document start up of equipment.At this time we will document the operation of the new equipment and controls and verify conformance with the contract documents, • Dasher board installation. Observe installation of dasher board system including quality of materials and Installation, anchoring systems,etc. ■ Contract Administration. Stevens will provide complete contract administration services including: o shop drawing review of equipment and materials used on the project; o review operation and maintenance manuals; o review and processing of pay requests and change orders; o documenting the project's progress; o attend and document progress meetings;and a finalize energy rebate applications if required at this time; SCHEDULE We will begin design work immediately upon approval from the City in November and have documents completed for bidding in late December with bids to be received in early January 2013 which is an ideal time for bidding these types of projects. Construction will start on April 9, 2013 with Rink 3 ready to skate on May 20th, Rink 1 ready to skate on July 24th and Rink 2 ready to skate on September 23rd as discussed with City staff. ADDITIONAL UNDERSTANDING For purposes of defining the scope of work, Stevens will assume the following; 1. Prior to starting the work,the City shall provide Stevens with full information regarding your requirements and the School's requirements including any special or extraordinary considerations far the Project or special services needed. You shall also make available all pertinent existing data. 2, Modifications to the Scope of Work or additional design or drafting resulting from revisions after commencement of our services will be billed as additional services on an hourly basis. Additional work will not proceed without a signed contract amendment. 3. We are relying on CAD files completed and prepared by others. Stevens assumes no liability for the accuracy of such drawings or surveys. Mr. Paul Slicha October 10, 2012 Page 4 of 5 22 L1 O'Neil Road,Hudson,WI 54016 t 715.386.5819 t 651.436.2075 fi 715.386.5879 www.stevensenglnemrs.com ENGINEERS • PLANNERS • SURVEYORS OStevens 4. In preparing this proposal, certain items have been excluded from the scope of services that may or may not be required. Should these services become necessary, we can provide them as additional services and shall be approved in writing. The following services have been excluded from this proposal: • Permit applications; • Detailed energy calculations; ▪ Environmental reviews, reports or permits; • Extensive commissioning of systems; and • Project advocacy beyond the normal standard of care. COST OF SERVICES Stevens can provide the design and construction phase services, as described in this proposal, for the following: DESIGN AND CONSTRUCTION PHASE SERVICES(STEPS 1 THROUGH 6): 7.5%OF CONSTRUCTION COSTS* *Based on an estimated construction cost ranging from$1,400,000 to$1,700,000. Conditions of Proposed Fee: 1. Reimbursable expenses will be invoiced In addition to the fixed fee services. 2. The City will pay for all costs of testing services such as ground penetrating radar,soil borings,half cell testing, pressure testing,etc.in addition to the fixed fee services. 3. The city will pay for all review agency or other applicable fees(e,g. review,permit applications,etc.)In addition to the fixed fee services. 4. We will Invoice monthly for services based on a percentage of the fee work completed at the time of Invoicing. 5. Finance charges will be applied to all payments not received within 30-days of invoicing. 6. We will provide additional services,pre-approved by the City,on an hourly basis in accordance with our current fee schedule. 7. Taxes not Included in fee. B. The attached professional services fee schedule is valid through December 31, 2011 Any services furnished after December 31, 2012 will be charged In accordance with our 2013 fee schedule. We will not increase any Item on the fee schedule by more than 5%for work performed in 2013. The fixed fee will remain unchanged for 2013. We appreciate the opportunity to continue working with you, Dzevad, and the City of Eden Prairie at this facility and on this project. If you have any questions regarding this proposal, please feel free to call me anytime. Our office number is 651.436.2075 or my mobile is 651.492.1376. We look forward to working with you on this project. Sincerely, STEVENS cott A, Ward, P.E. Principal/Vice President Enclosure: 2012 Professional Services Fee Schedule Mr. Paul Sticha October 10, 2012 Page 5 of 5 2211 O'Neli Road, Hudson,WI 54016 t 715.386.5819 t 651.436.2075 f 71.5.386.5879 www.stevensengineers.com ENGINEERS PLANNERS • SURVEYORS APPENDIX B OStevens [NG1NI.ENS ['LAMfJH 5III{VFYU1i5 2012 Professional Services Fee Schedule Period: January 1, 2012 through December 31, 2012 HOURLY FEE SCHEDULE Personnel: Principal Engineer/Project Manager $110-$185 Specialist $170-$185 Project Engineer $90-$120 Planner $60-$75 Graduate Engineer $75-$90 Technician//inspector $45-$82 Administrative $45-$55 Registered Land Surveyor $85-$100 Survey Crew(1 person with GPS or Robot) $145 Survey Crew(2 persons with GPS or Robot) $1554165 Survey Crew(3 persons with GPS or Robot) $165-$195 REIMBURSABLE EXPENSES Reimbursable expenses include,but are not limited to the following: • Transportation cost at IRS allowable rate. For survey vehicles,$0.12 per mile will be added to the IRS rate, • Parking fees. • Cost of out-of-town travel,lodging and electronic communication In connection with the project. • Reproductions,plots,and standard form documents. _ Item Size Black 8 White Color Photocopies/Printing 8'/,x 11 $0.10 $0.80 8 Y2 x 14 $0.12 $0.90 11 x 17 $0.15 $1.50 Plots/Scans 22 x 34 $2.50 $5.00 24 x 36 $2,75 $5.50 2B x 42 or larger $4.00 $6,00 Binding plans sets(per set larger than 11 x17) $5.00 each Specification and Report Assembly(Binder.Cover) $8.00 each Laminated Report Covers with Binder $17.00 each • Project photography,postage,long-distance and mobile telephone calls,and facsimiles. • Materials required to assemble reports. • Subconsultants. • Other similar direct project-related expenditures, Reimbursable expenses are billable at 10%over Cost. Stevens' typical invoicing process; monthly billing, due net 30 days. STATEMENT OF QUALIFICATIONS Ice Rink Consultation and Design Services 2013 - - Contact: Mr. Scott Ward, P.E. Principal, Vice President P. 800.822.7670 sward@stevensengineers.com • I ce Stevens ENGINEERS.PLANNERS.SURVEYORS www.stevensengineers.com _ ' 'm _ • it r Mil ....• 'r.1... . r* ..ipm. .e...... 4 . 1.111"1.111114 . • ,_ a. i.i. .I. ' t Ma. Mr i- al NMI ....• -... ..- '.- v-.., .. ti—, +a- — Aim& 8,..iirr ..e. . 346 - 4, , ' li, ,...., __ , .........: .. ..,, . • 114111xiiiii min Tim- o'r 1..; ,•I F...., - , lir •. ---- ! ' -..'ili = )r • I Afpgi • in - —-- . 7----,.._••• _,,..- -----•jorir . — !=-- -- -1 != -iir " -— --1 ip• _ __ • • • . ... . • .. - .. . t - . . - . . . • .,• . il• .g . a' .1. e e • , al. . • r - --- • • ' 0 , r , __ +............. .. - I .1.• 4,7 II P . - -1 t fir --Air!-1. .'---- f . . . ' Air ''• p • I - iii. „„.. 4.• 4L N •''..:6 , ke..ie W • •a' -1," 1 I. • 611.411 • -. •,. .. . ". .... " I. •-•• vi. II Ih .i.:.' "1_ : IP, 41P• Ali '.- ir". 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" _ ..ovinin, ,......„ . _ _.---- --, . , ---- - ....--- . ....--- _ ....0- i a 0 _ is Is - __ _ ., • •„, ...• •, _ _ ._ _._ .. 7,1aFf:11.- - i .. ... - . . . ' [ I .... . I 1 - ./ ...- . (Di . ....,. 0 0.--i••-"Iii /A STEVENS—ICE STATEMENT OF QUALIFICATIONS FORWARD The ice system is the heart of every ice rink facility and plays a key role in determining the economic and social success of the facility. The initial cost of installation for these systems can be as high as 15% of the total construction cost of the facility and can use 50% or more of the facility's total energy use. Generally, the ice system includes the ice rink floor(s), the refrigeration system(s), the dasher board system(s), and the waste heat recovery system(s). _ It is important that these systems be specially designed for the facility and installed properly to maximize efficiency and performance. Stevens has experienced professional staff to provide the specialized design and construction administration necessary for these systems. We educate and assist owner's groups, facility managers, architects and other interested groups in making decisions and designing systems that will maximize the performance and longevity of the ice system, maximize the recoverable energy from the systems 410 and minimize energy and operational costs. SIP We are pleased to present this Statement of Qualifications to you. We strongly believe that our understanding, knowledge, practical and professional experience, and passion for ice rinks is unmatched by anyone in the industry and will provide measurable quality and value to your project. After you have had a chance to review this information, please contact us to discuss how our ice rink design and construction experience can benefit your project. Our office telephone number is 800.822.7670. We look forward to hearing from you! Sincerely, Stevens e.") 13041 Scott A. Ward, P.E. (AZ,CO,IL,MA,MI,MN,ND,NE,WI,WY,TX) Owner, Vice President 1 0-Stevens STEVENS—ICE STATEMENT OF QUALIFICATIONS TABLE OF CONTENTS a Forward I A =IL 1111 Background/History 3 Firm Overview Ice Rink Consultation and Design Ice Rink Consultation and Design - Services Team Members and Qualifications 7 Projects 9 di 47 Project List Representative Projects • NHL Practice Facilities • Collegiate Renewable Energy Sources Multi-sheet Facilities Community Arenas Engineering Studies, Project Development Outdoor Ice Rink Facilities Projects/Applications 40 Waste Heat Recovery Geothermal Construction Phase Services References 43 2 OStevens STEVENS—ICE STATEMENT OF QUALIFICATIONS BACKGROUND/ HISTORY FIRM OVERVIEW i MIN Stevens is a professional engineering, planning and surveying firm. Established in 1973, Stevens provides quality professional consulting services to Public and Stevens' Offices Private Sector clients. Throughout our long history, we have developed quality relationships and a substantial portfolio of successful engineering and planning projects with a specialty in ice rink facilities. .11111.11111111M - - -.r PHILOSOPHY Stevens is focused on developing long-term relationships with our clients by providing a combination of innovative and traditional design solutions that 71(411t1".11 provide long-term value. Client satisfaction and trust are keys to maintaining these relationships and defining a successful project. NHL Training Facilities We approach each project with honest, open communication, taking the time to listen and understand our client's needs. After gaining a solid understanding of the project, we recommend quality solutions that best fit the project and address our client's long-term goals, needs and budget. We continue with a - ` hands-on approach as the project progresses through completion. The success of a project is not only measured by its function, value, and cost-effectiveness; ° ! but through our client's satisfaction. We strive to be a key partner in the project. Division I College Facilities SERVICES Stevens takes pride in offering and delivering quality services starting with the �— - planning phase, through the construction phase, and beyond. Our services include: kW T; • Planning Surveying '_ ; - • Infrastructure Land Surveying Land Planning Topographic Surveys Site Evaluation Construction Staking Transportation • Comprehensive Construction Administration Permitting and Agency Coordination Community Ice Rink Facilities Engineering Mapping Civil and Site Engineering Grant Writing/ Funding Assistance Ice System Engineering Value Engineering Feasibility and Evaluation Studies _ +wt - STAFF 111.1111110111 Stevens employs talented and innovative staff. Our present ❑� fir,, in-house staff includes 3-registered professional engineers, . ■ �• I-planner, 2-civil technician/surveyors, I-support staff. • Training Centers FIRM PROFILE IJ�• Year Established: 1973 Legal Status: S Corporation, Women Owned Business certified as a DBE (UCP in MN, WI, ND), and WBENC programs. Legal Name: Stevens Engineers, Inc. Address: 2211 O'Neil Road, Hudson, Wisconsin 54016 Owners: Angela R. Popenhagen, P.E. & Scott A. Ward, P.E OStevens STEVENS-ICE STATEMENT OF QUALIFICATIONS • BACKGROUND/ HISTORY - ICE RINK CONSULTATION AND DESIGN Stevens specializes in the planning, consultation, design, and construction • observation of new ice rink facilities as well as the evaluation and renovation of ilkhk. . existing facilities. Multi-sheet Facilities GOAL • w 4 Our goal at Stevens is to share our knowledge, expertise and passion of ice rink i - - facilities and systems to maximize the economical and social success of each and T' .i.4.116L every facility. DESIGN PHILSOPHY To advise and educate our clients on ice system technologies and to design systems that will serve the facility in the most economical, efficient, and reliable Outdoor Facilities manner, maximizing the performance and longevity of the system. P .4RN. , mkt I I r' This includes taking a holistic approach to the entire ice arena, not just the ice • -•- - system, by consulting closely with the HVAC engineers and other design team 'I — 1 partners on energy efficient elements of the following: ' _ • . ' • Building envelope: insulation systems, radiation reduction systems, rt - • natural lighting, maximizing use of space to reduce building footprint, F • .. - etc.; • • HVAC systems: ventilation and dehumidification options, maximizing waste heat recovery use throughout the facility, renewable energy Refrigeration Systems sources such as solar, geothermal and wind, etc.; • • Lighting systems: minimizing heat generation, best use of light, etc.; 1 • Plumbing systems: water recovery and reuse, etc; =; . ' —111 I i • Energy systems; peak shaving, load shedding, hybrid systems, thermal - storage, etc.; and if a I • • allf., ...-:,, • Control systems; energy and building management systems; _. COMMITMENT TO THE INDUSTRY -4110. t We believe in sharing our knowledge for the good of the industry and being an active member in industry organizations like the national Ice Skating Institute Renovation Projects (ISI), Serving the American Rinks (STAR), the Minnesota and the Wisconsin Ice KiMr Arena Managers Associations. Our staff actively volunteers in youth hockey Ili 4 associations through coaching, clinics, fundraising, and other essential activities that support hockey at the most basic levels. • .d SUSTAINABILITY I— . - Sustainable design goes hand-in-hand with our standard design practices and our ` Or ''i' :.'' continuous efforts to research and find new approaches, technologies, and r. PP g - • ' • environmentally friendly materials and refrigerants. Systems that are designed Geothermal Systems for longevity and minimal operation and maintenance will use less energy, require fewer repairs, and play a key role in the facility's success. OStevens STEVENS—ICE STATEMENT OF QUALIFICATIONS BACKGROUND/ HISTORY ICE RINK CONSULTATION AND DESIGN — SERVICES Stevens' experience in the ice rink industry allows us to offer a full range of specialty consulting and design services associated with the planning and design of ice rink facilities, starting with the initial planning phase of the project through final construction and operation. We work closely with the Owners and design team to take a holistic approach to ice arena projects as outlined in our Design Philosopy on the previous page. As ice rink consultants, we offer the following services: Feasibility Studies Preparing a feasibility study is a critical first step for any ice rink project. We provide thorough and accurate information to assist our clients with decisions that will affect the success of the facility. Site Evaluation and Design Our 35 years of providing civil engineering services, combined with our extensive knowledge of ice arena construction and operations, allows us to assist our clients in selecting suitable sites for their projects. Some of the important factors to site selection include location, size, site constraints, topography, soil conditions, groundwater and land use. Our experienced staff can also provide a full range of site design services including grading, streets, parking lots, storm water, sanitary sewer, water main, site restoration, and erosion control. Building Program, Layout and Envelope With our experience in the ice rink industry, we can assist the project architect with the building program and layout including room sizes and locations, bleacher layout and material options, building circulation, dehumidification system selection, flooring materials, preliminary cost estimates, and identification of user groups and activities. Ice System Design The ice system, consisting of the refrigeration system(s), ice rink floor(s) and dasher board system(s), collectively is one of the most important systems in an ice rink facility. Since the success of the facility largely depends on the performance of the ice system, a thorough design of this system specific to the site, location, building type and programming is critical. We know first-hand how design and installation affects the performance, reliability, efficiency and longevity of the ice system. Going hand-in-hand with the ice system design is the design of waste heat recovery systems. An essential part of any ice system, we provide full design services and consultation on waste heat recovery systems to maximize the ice system's energy recovery potential. 0-Stevens STEVENS—ICE STATEMENT OF QUALIFICATIONS • BACKGROUND/ HISTORY y r Y .1 rr WizIli ICE RINK CONSULTATION AND DESIGN — SERVICES -0411-141iii. Construction Observation ' ► Project construction is equally as important as the design itself. A good example of this is the construction of the ice rink floor. As little as one inch in variation in the placement of the ice rink piping can noticeably affect the quality • of the ice and cost of operation. Our presence during construction will provide a greater degree of confidence that the client will receive the efficient building and ice system that they expect. Design-Build The design-build process offers clients cost savings by reducing the design istainTi requirements of the traditional design-bid-build process. We are dedicated to providing our clients with flexible service options to minimize project costs and meet tight project schedules. Energy and Operation Studies (E(S,O) 4 Whether it's a follow-up evaluation or commissioning on a newly constructed facility, an energy and operation study can provide valuable information that can 1111 13I11 Wile III be used to improve and optimize operations, identify problems, and budget for i future improvements, repairs, or equipment replacement. • Evaluation Studies For aging facilities that are experiencing problems with their ice system, an evaluation study is an invaluable tool for identifying problems areas, recommending cost effective solutions, and budgeting for future repairs, replacements and upgrades. Funding Assistance Funding is a key part of any project. Stevens has assisted its clients, for many years, with identifying federal, state and local grants or funding assistance programs that may be applicable to their projects. Because we are actively involved in the industry, we keep up-to-date on the latest programs and keep our clients informed of new developments. Once eligibility is determined, Stevens assists with the application and administration processes. 0-Stevens STEVENS—ICE STATEMENT OF QUALIFICATIONS TEAM MEMBERS AND QUALIFICATIONS Stevens has an experienced staff of registered engineers and civil technicians that assist with our ice system projects. Stevens is one of the few engineering firms in the nation that can provide experienced ice rink consultation and design under the direction of registered professional engineers. Stevens Ice System design team is led by Owner and Vice President, Scott Ward, P.E. Scott Ward, P.E. Principal/Vice President/ Project Engineer Scott has over 14 years experience in civil and mechanical engineering fields. His education and engineering experience uniquely qualifies him for the Achievements specialized design requirements of ice systems. With his experience in fluid 2001 National ASHRAE Award hydraulics, pumping and piping systems, heat transfer, refrigeration, for Design of the Super Rink's thermodynamics, structures and materials, Scott has developed a specialty in 4-Sheet Refrigeration System. designing ice systems. Lectures and Presentations He has been involved in over 140 ice rink projects since 1997, including "Schwan's Super Rink- professional practice facilities, Division I college venues, multi-sheet community Operation Evaluation Study" arenas, and outdoor ice rinks. Scott is integrally involved in each ice rink 2000 University of Minnesota project. Mechanical Engineering Department Faculty- MSME In addition to Scott's professional expertise, he is also an avid coach, hockey Thesis player and supporter of youth hockey. He is able to apply his practical insight to ensure each facility is designed to meet your needs, operate successfully and be "The Schwan's Super Rink" a gathering place for the community. January 1999 Rink Magazine Co-author with Beth Weber Education Master of Science in Mechanical Engineering, University of Minnesota, 2000 "Alternative Refrigerants" Bachelor of Civil Engineering, University of Minnesota, 1995 Research and author 1999 in depth Study on alternative Registration refrigerants. Registered Professional Engineer in AZ, CO, IL, MA, MI, MN, ND, NE,TX, WI,WY Numerous presentations for Professional Affiliations MIAMA conferences. American Society of Heating, Refrigeration and Air Conditioning Engineers (ASH RAE) "Direct System Renovation Minnesota Ice Arena Managers Association (MIAMA) Options" Presentation at Green Committee - MIAMA Gustavus Adolphus College, Wisconsin Ice Arena Managers Association (WIAMA) March 2008 Ice Skating Institute (ISI) Serving the American Rinks (STAR) USA Hockey Amery Youth Hockey Association —Association Coaching and Education Director since 2007, coach since 2001. 7 0-Stevens STEVENS—ICE STATEMENT OF QUALIFICATIONS Nolan Wall, AICP Planner Nolan has over 4 years of planning experience. He works closely with municipal governments in a broad range of community planning activities such as, comprehensive planning, capital improvements planning, impact fees needs assessments, ordinance drafting and amendments, and grant applications. He also has experience in development review, public participation facilitation, economic and demographic analysis, public policy and planning research, GIS mapping. ■ Nolan's project experience includes: Achievements Comprehensive Planning • Village of Plum City, WI Since joining Stevens, Nolan • Village of Elmwood, WI has assisted communities in • Village of Star Prairie, WI obtaining over $1.3 million • Town of Osceola, WI in funding for a wide variety • Town of Lincoln, WI of projects. • Town of Clayton, WI • Town of Clifton, WI Ordinance Development and Amendments • Town of Garfield, WI Zoning Ordinance Development • Town of Garfield, WI Road, Driveway, Erosion Control and Stormwater Management Ordinance Development • Town of Garfield, WI Subdivision Ordinance Amendments Grant Applications (Successful) • WI DOA Comprehensive Planning Grant (2010) o Village of Plum City, WI • MN OES Energy Efficiency and Conservation Block Grant (2010) o City of Babbitt, MN — Ice Arena o City of Elk River, MN — Ice Arena o City of South St. Paul, MN — Ice Arena o Stevens County, MN — Ice Arena • U.S. DOE Energy Efficiency and Conservation Block Grant (2009) o City of Burnsville, MN — Ice Arena o City of Edina, MN — Ice Arena o City of Moorhead, MN — Ice Arena • WDNR Knowles-Nelson Stewardship Grant (2009) o Village of Osceola, WI Education Bachelor of Arts, Political Science, Saint John's University, 2005 Master of Urban and Regional Planning, University of Minnesota, 2008 Professional Affiliations American Planning Association (APA) Minnesota Chapter (MNAPA) Wisconsin Chapter (WAPA) 8 0-Stevens STEVENS—ICE STATEMENT OF QUALIFICATIONS See a more detailed PROJECTS description on The following is a list of ice rink related projects that Stevens has been involved selected projects on with since 2003. the following pages ALDRICH ARENA BRAEMAR ICE ARENA DRAKE ARENA Ramsey County City of Edina, Minnesota St. Paul Academy White Bear Lake, Minnesota 2010 Ice Arena Improvements,2009-2010 St. Paul,Minnesota Evaluation and Design,201 I-2012 FEDERAL STIMULUS ENERGY GRANT,2009 Evaluation&Locker Rm.Concept,2012 Capital Improvement Plan,2012 ALL SEASONS ARENA++++ DULUTH ENTERTAINMENT AND ISD#77 BUD KING ICE ARENA CONVENTION CENTER++++ Mankato, Minnesota Winona, Minnesota Duluth, Minnesota Evaluation and Design,2005 Ice System CIP,201 1-2012 Rink Floor and Pumps Repl.,2007 New Arena Ice System Design,2010 ALL SEASONS ARENA BURDICK ARENA**** MN POWER REBATE PROGRAM North Dakota State Fair Grounds City of Devils Lake, North Dakota Minot, North Dakota Evaluation,2008 EAST BETHEL ICE ARENA Ice System Design,201 1-2012 Ice System Replacement,2009 City of East Bethel, Minnesota OTTERTAIL POWER REBATE PROGRAM Rink Floor and Pumps,2003 ALLTEL ICE DEN* ** STATE ENERGY GRANT Phoenix Coyotes Training Facility EDEN PRAIRIE COMMUNITY CTR Coyotes Ice, Inc. BURNSVILLE ICE CENTER City of Eden Prairie, Minnesota Scottsdale,Arizona City of Burnsville, Minnesota Ice Rink Floor Replacement,2005 Evaluation and Design,2005-2008 Ice System Design,2009-2010 Ice System Improvements,2006-2008 Third Ice Sheet Addition,201 I FEDERAL STIMULUS ENERGY GRANT Third Ice Arena Addition,2008 DAKOTA ELECTRIC REBATE PROGRAM Rink 2 Ice System Replacement,2012-2013 AMERY ICE ARENA CEDAR CREEK ICE&EXPO CENTER++ Amery Youth Hockey Association Wausau,Wisconsin EDEN PRAIRIE WINTER REC.AREA Amery,Wisconsin 5,000 seats, Ice System Design,2008 City of Eden Prairie, Minnesota Bleacher and Dashers,2004-07 Feasibility Study,2005 CHAMPLIN ICE ARENA**** ELK RIVER ICE ARENA ANDOVER COMMUNITY City of Champlin, Minnesota CENTER/YMCA—ICE ARENA City of Elk River, Minnesota Feasibility Study, 2006 Rink Floor and Dashers,2004 City of Andover, Minnesota Ice System Design,2004 Ice Rink Concept,201 I CHASKA COMMUNITY CENTER Ice System Evaluation,2012 Chauat AUGSBURG COLLEGE ICE ARENA+++ S EvaluationnMinnesota Study,201 I FOGARTY ARENA Augsburg College Ice System Design,2012-2013 Minneapolis, Minnesota y g Blaine,Minnesota Evaluation and CIP,2008 Curling Rink Addition,2012-2013 COMMUNITY ACTIVITY CENTER City of Brooklyn Park, Minnesota FRANK RUKAVINA ARENA BABBITT ICE ARENA Evaluation,2006 Lake County Babbitt, Minnesota Ice System Design,2009 Lighting Improvements,2010 y g Silver Bay, Minnesota g g P FEDERAL STIMULUS ENERGY GRANT, Evaluation and Design,2007 STATE ENERGY GRANT,2009 MN POWER REBATE PROGRAM BENSON ICE ARENA CRESTED BUTTE ICE ARENA City of Crested Butte,Colorado GLOBAL ATHLETE VILLAGE City of Omaha, Nebraska Feasibility Study,2007-2008 St. Paul, Minnesota Evaluation,2007 Concept Design,2010-201 1 COTTAGE GROVE ICE ARENA BLOOMINGTON ICE GARDENS City of Cottage Grove, Minnesota HARDING ICE ARENA City of Bloomington, Minnesota Ice System Design,2008 Ramsey County, Minnesota Ice System Replacement,2007 Ice System Replacement,2007 DELANO ICE ARENA HASTINGS CIVIC ARENA Delano School District City of Hastings, Minnesota Delano, Minnesota Rink Floor and Pumps Repl.,2008 Evaluation&Feasibility Study,2006 9 0-Stevens See a more detailed STEVENS-ICE STATEMENT OFQUALIFICATIONS description on PROJECTS KEY—FACILITY TYPE selected projects on # Midget AAA+ NAHL the following pages ++ USHL +++ Division III College ++++ Division I College HATTRICK SPORTS LAKEVIEW ARENA * ECHL Training Facility City of Marquette, Michigan *** NHL System Design,2009 Evaluation,2006 **** 010 Olympics Training Ice S Y g Outdoor HERMANTOWN ICE ARENA LAKEVILLE ICE ARENA City of Hermantown, Minnesota City of Lakeville, Minnesota Ice Rink Floor Replacement,2010 Ice System Design,2006 NEILSON-REISE ARENA MN POWER REBATE PROGRAM City of Bemidji, Minnesota LUND ARENA+++ Evaluation and Floor Repl.,2005 HERITAGE SPORTS CENTER Gustavus Adolphus College City of Duluth &Youth Hockey St. Peter, Minnesota NEW HOPE ICE ARENA Duluth, Minnesota Ice System Design,2008 City of New Hope, Minnesota Ice System Design,2007-2008 Engineering Study,2010 MN POWER REBATE PROGRAM MAAS ICE ARENA XCEL ENERGY STUDY PROGRAM HOBBS MUNICIPAL ICE CENTER+++ Watertown,South Dakota Project Develop,Phase I Improv.,201 I City of Eau Claire,Wisconsin Evaluation and Feasibility Study,201 1 Ice System Improvements,201 1-2012 Lobby Improvements,2012 Ice System&Site Design,2009 MACINNES STUDENT ICE ARENA HOMMOCKS ICE ARENA Michigan Technological University NEWBERRY OUTDOOR RINK Town of Mamaroneck, New York Houghton, Michigan City of Newberry, Michigan Ice System Design,201 1-2012 Ice Rink Prelim Design,201 1 Ice System Evaluation,2008 MAPLE GROVE COMM.CENTER NORTH BRANCH ICE ARENA ICE IN PARADISE City of Maple Grove, Minnesota North Branch Youth Hockey Assoc. Goleta,California Arena Expansion—Ice System,2007-2008 Preliminary Design,2008 Ice System Design,2012-2013 Arena Expansion -Site Design,2007-2008 INCREDIBLE ICE** Condenser Replacement,201 1 NORTHFIELD ARENA+++ City of Northfield, Minnesota Florida Panthers Training Facility MAYSA ICE ARENA Ice System Replacement,2008 Coral Springs, Florida Minot, North Dakota Peer Review,2008 Prelim Design of Third Ice Sheet,2012 OZAUKEE COUNTY ICE ARENA Ozauke JOHN ROSE SPEED SKATING OVAL**** e Counsy MCFETRIDGE SPORTS CENTER Cedarburg,Wisconsin City of Roseville, Minnesota Chicago Parks District,Chicago, Illinois Curling Rink Design,201 1-2012 Evaluation&Design,2005-2006 Ice Rink Floor Evaluation,2009 XCEL ENERGY STUDY PROGRAM PASADENA ICE SKATING CENTER LABAHN ARENA(KOHL CENTER)++++ MINERS MEMORIAL BUILDING Pasadena,California University of Wisconsin-Madison City of Virginia, Minnesota Ice Rink Evaluation,2009 Ice System Replacement,2008 Ice System Design,2010-201 I Ice System Design,201 I-2013 LACROSSE CENTER++ MITCHELL ICE ARENA PARADE ICE GARDENS City of LaCrosse,Wisconsin Mitchell,South Dakota Minneapolis, Minnesota Feasibility Study, 2004 Ice Arena Addition,2012-2013 Ice System Evaluation 2012-2013 LANSING CHAPMAN ICE ARENA+++ MOORHEAD SPORTS CENTER+++ RALPH ENGELSTAD ARENA++++ Williams College City of Moorhead, Minnesota Grand Forks, North Dakota Williamstown, Ice System Replacement,2007 Ice System Evaluation,2007-2009 Ice Rink Energy Massachusetts,20 I-2012 Federal Energy Grant Application,2009 Rink Floor Replacement,2009 Bid Package for Improvements,2009 LAKE COUNTY ARENA RALPH ENGELSTAD ARENA Lake County MOOSE LAKE ICE ARENA Thief River Falls, Minnesota Two Harbors, Minnesota Moose Lake, Minnesota Ice System Commissioning, 2003 Building Evaluation,2012 Evaluation and Design,2006 RESTON TOWN CENTER ICE RINK**** MN POWER REBATE PROGRAM City of Reston,Virginia Peer Review&Constr, Obser.,2008 10 0-Stevens STEVENS—ICE STATEMENT OF QUALIFICATIONS See a more detailed PROJECTS description on KEY—FACILITY TYPE selected projects on # Midget AAA + NAHL the following pages ++ USHL +++ Division III College ++++ Division I College ST. MICHAEL/ALBERTVILLE ICE ARENA * ECHL ROCK SPRINGS ICE ARENA ** NHL Rock Springs,W omin City of Albertville, Minnesota *** y g FeasibilityStudy,2009 **** 2010 Olympics Training Ice System Design,2010-201 IOutdoor ROGERS ACTIVITY CENTER ST. LOUIS PARK ICE ARENA Rogers, Minnesota St. Louis Park, Minnesota, 2003 Ice System Design,2006 Evaluation Study,201 1-2012 WALKER COMMUNITY CENTER City of Walker, Minnesota ROSEVILLE SKATING CENTER ST. PETERS SPORTS PLEX ARENA Ice System Design,2007 City of Roseville, Minnesota City of St. Peters, Missouri Dasher Board Replacement,2008 Ice System Design,2007 WAUKESHA COUNTY Milwaukee,Wisconsin RUNESTONE COMMUNITY CENTER+ TARTAN ICE ARENA Ice Arenas (2) Evaluation,2010 City of Alexandria, Minnesota Joint Powers Boards FEDERAL STIMULUS ENERGY GRANT,2009 Ice System Replacement,2009 City of Oakdale, Minnesota OTTERTAIL POWER REBATE PROGRAM Refrigeration System Repl.,2005 WAUNAKEE-DEFOREST ICE ARENA XCEL ENERGY STUDY PROGRAM Waunakee Youth Hockey,Wisconsin SANFORD CENTER++++ Schematic Design,2008-2009 City of Bemidji, Minnesota& UNIVERSITY SCHOOL OF Bemidji State University MILWAUKEE Ice System Design,2009-2010 River Hills,Wisconsin Our staff has been involved in 25+ Ice System Evaluation,201 I additional ice rink projects nationally, SCHWAN'S SUPER RINK EXP. +++*** National Sports Center **** VERIZON WIRELESS CENTER++++ while in prior association. Blaine, Minnesota Minnesota State University 4-Sheet Ice System Design,2006 Mankato, Minnesota Concept Design,2009 SHATTUCK ST. MARY'S ICE ARENA# Ice System Replacement,2012-2013 Shattuck St. Mary's School Evaluation of Geothermal,2008 VETERANS MEMORIAL COMM CTR XCEL ENERGY STUDY PROGRAM City of Inver Grove Heights, MN Studio Ice Rink Design 2010-2012 Ice System Improv.2007,2008 Condenser Replac.,201 1-2012 VOLPE CENTER EXPANSION++++ SHAKOPEE ICE ARENA EXPANSION Merrimack College, MA Shakopee Youth Hockey Association Ice System Review Shakopee, Minnesota Construction Admin.2012-2013 Feasibility Study,2008 WACONIA ICE ARENA**** SOUTHWEST FARGO ICE ARENA City of Waconia, Minnesota City of Fargo, North Dakota Ice System Design,2007 Ice System Design,2003 WADENA ICE ARENA SPORTS&HEALTH CENTER++++ City of Wadena, Minnesota University of Minnesota-Duluth Feasibility Study,2008 Ice System Design,2009-2010 WAKOTA ARENA STERN SPORTS ARENA South St.Paul, Minnesota Head of the Red Youth Hockey Evaluation,2007 Wahpeton, North Dakota Condenser Replacement,2008 Evaluation&Rink Floor,2003 Lighting and HVAC Impr.2010 STATE ENERGY GRANT,2009 ST. FRANCIS ICE ARENA City of St. Francis, Minnesota Feasibility Study,2008 1 1 0-Stevens STEVENS—ICE STATEMENT OF QUALIFICATIONS REPRESENTATIVE PROJECTS Direct refrigeration systems are the most efficient refrigeration system used in NHL Practice Facility ice arenas. However, once common place in community arenas, tightening environmental regulations and increasing cost of refrigerants have forced owners of direct refrigeration systems to look at alternative systems when it's time to replace their systems. "The new ice looks fabulous, ALLTEL ICE DEN - PHOENIX COYOTES TRAINING FACILITY good job to everyone Scottsdale,Arizona involved. The best part...we Project Scope made it in time for our ASU The Alltel Ice Den is a 120,000 square foot, two-sheet ice skating and entertainment center located in Scottsdale, Arizona. The Ice Den hosts the camp first thing Monday Phoenix Coyotes' practices, Arizona State University, and nearly all the other morning...r►ght on schedule!" visiting NHL teams for their practice needs. The Ice Den is also a premier skating venue for many national and international figure skating events, shows, Michael O'Hearn-President of and competitions. Coyotes Ice, LLC. -2007 Ice quality problems started occurring shortly after the facility opened in the late 1990's. The problems were numerous including large ice temperature ICE SYSTEM variations from one end of each rink to the other, heaving or lifting of the ice, Direct, R-22 large cracks down the center of the ice and spider cracking throughout the ice Two Sand Floors sheet. PROJECT COMPLETION Ice System Eval. 2005 Stevens assisted the Owner in performing an evaluation study of the ice system Phase I Improvements, 2006 including the refrigeration system and the two ice rink floors. Once the Phase 2 Improvements, 2007 problems were identified, recommended solutions were presented and a new Condenser Replac., 2011 ice rink floor design was completed. The design minimized cost and downtime Third Ice Sheet- 201 I by using the existing rink piping and sand. Construction on the two floors was performed in phases to minimize disturbance to the very popular and successful CONSTRUCTION COST ice skating facility. Phase I - $150,000 Phase 2 - $140,000 "One of the 10 Condenser Repl.-$100,000 .-. ;;: great places to Third Ice Sheet- $1.1 M cut a fine figure " = eight" USA OWNER Today and Coyotes Ice, LLC Kristi Scottsdale,Arizona Yamaguchi, • _� •' 1992 Women's CONSTRUCTION MGR _ � figure skating 2011 - RJM Construction ` P�OI m iC gold Y medalists — REFERENCE - 2007. Mike O'Hearn, President Coyotes Ice, LLC __ Alltel Ice Den -� 9375 East Bell Road Scottsdale,Arizona 85620 P. 480.473.5835 mohearn@coyotesice.com I, 12 0-Stevens STEVENS—ICE STATEMENT OF QUALIFICATIONS CURRENT PROJECT Collegiate Division I LABAHN ARENA University of Wisconsin — Madison ,'' l I er-o - Intl ism ....---A . 1, 1,, . . , ,.... .-- -i -1 -!.. . 1 1 .1,, -. - _ • ' • . , I _ - • . . i —.. NMI Project Scope ICE SYSTEM Opened in September of 2012, this facility is an expansion of the Kohl Center Indirect, R-507/Ethylene Glycol on the campus of the University of Wisconsin and serves as the Badger's Concrete floor Division I Women's hockey facility. Stevens was hired by the project architect, PROJECT COMPLETION Kalher Slater, to assure the facility and the university received a top performing November, 2012 ice system. The refrigeration system was designed around the state mandated R-507 refrigerant and recovers 100% of the waste heat for uses throughout the CONSTRUCTION COST building. $1,500,000 (ice system) CONTRACT TYPE Lump Sum OWNER University of Wisconsin-Madison CONTRACTOR J.H. Findorff&Sons& Commercial Refrigeration Systems—Virginia, MN REFERENCE Joe Schultz Senior Construction Manager Kahler Slater Architects III W.Wisconsin Avenue Milwaukee,WI 53203.2501 P. 414.272.2000 JSchultz@kahlerslater.com 13 0-Stevens STEVENS—ICE STATEMENT OF QUALIFICATIONS REPRESENTATIVE PROJECTS Collegiate Division I JOHN J. MACINNES STUDENT ICE ARENA Michigan Technological University * . ,�,.+. -, 1 ` — ': � _ 1 } . T - ' _ II1 i •4 - • ill LI w pill u i 15. .. ..0.-.1 #. - • w I • • _ :. ." -1 ' •'Ilrr- ."- 111' oar 4. 044,___11 - lill ! . --- kile: — - ICE SYSTEM Indirect,Ammonia/CaC12 Concrete floor Project Scope Michigan Tech was faced with an aging direct, R-22 refrigeration system. Leaks PROJECT COMPLETION in the floor piping were causing mounting maintenance and repair costs and September, 2012 threatening the hockey season. Stevens assisted the University in evaluating CONSTRUCTION COST options for renovation or replacing the existing ice system. $I,200,000 After a thorough process of evaluating the alternatives, the University selected CONTRACT TYPE to install an ammonia based, indirect refrigeration system. The ice system is Lump Sum designed to provide the high performance required for their notable Division I hockey program and maximizing energy efficiency through heat recovery for OWNER dehumidification, pool water heat and subfloor heating systems. Michigan Tech University ICE RINK CONTRACTOR Stevens provided key construction inspection services to assure the installation Commercial Refrigeration was performed properly. Systems—Virginia, MN REFERENCE David Nordstrom Manager, Building Operations John J. Macinnes Student Ice Arena 142 SDC Building 1400 Townsend Dr. Houghton, MI 4993 1-1 295 P. 906.487.2578 dpnordst@mtu.edu 14 0-Stevens STEVENS—ICE STATEMENT OF QUALIFICATIONS REPRESENTATIVE PROJECTS �J Collegiate Project - =- -' -_1 \ _..... ��I DULUTH ENTERTAINMENT AND E` TER ' Du_lut ►A.nnesot ‘oitc.,0,0,000),___C__n -------- _____ __ — ) 4— *mu", ______________------__--- .+.1 - -9 ll . _- - , II te. _."-;:p. wi— lik / l • i i + ;l r --6"' / /v 1 .( ;� ii um wilottrAlgoliq u.a.aN.a. A:i\\\ �i _ a.a.*jipj:l.Np.. ' .jai ri 1"a _ � F. ,-, r r . �tl? �.w- f `• ICE SYSTEM \I —— Indirect,Ammonia/CaC12 Project Scope Concrete floor The $60M, 6,600 seat Duluth Entertainment and Convention Center (DECC) Arena complements the existing, two sheet facility and is the new home for the . PROJECT COMPLETION University of Minnesota-Duluth Bulldog Division I college program with the ; December 31, 2010 Grand Opening in December, 2010 CONSTRUCTION COST The design approach included aggressive LEED & energ�r eduction f Original: $1,500,000 strategies including obtaining LEED certification (expected to be only the third f Final: $1,500,000 LEED-certified hockey arena in the nation). As part of this approach, the ice 4 CONTRACT TYPE system design included environmentally-friendly and efficient refrigerants, the ' Lump Sum highest efficiencies motors available, larger piping systems to reduce pump `"+ energy requirements, a condensing system that uses City water, steel piping in OWNER the rink floor to increase the heat transfer efficiency along with many other Duluth Entertainment and energy efficient systems and designs. Convention Center CONSTRUCTION MGR ____ Mortensen REFERENCE Dan Russell, Executive Director a FII 1 a 1 350 Harbor Drive Duluth, MN 55082 P. 218.722.5573 drussell@decc.org Rendering by Populous-Architects OStevens STEVENS—ICE STATEMENT OF QUALIFICATIONS REPRESENTATIVE PROJECTS Collegiate Project SANFORD CENTER Bemidji, Minnesota esti, 16— -.-., „. it©i TAR t 1,70.4.t u `*tctriri, . tjAigabit , . it - r.7 •- .. .. . _... t '�� Inn :11111114112 - -4' • f �i'liis AL_____.„--r \ r ' 4. -• , ''-' ICE SYSTEM t Indirect,Ammonia/CaCl2 11\1 Rendering by Leo A.Daly-Architects Concrete floor k Project S The 4,000 seat Sanford Center is a signature sports and entertainment facility PROJECT COMPLETION Ii i`for the Bemidji community designed to be a multi-purpose facility. The facility is November, 2011 :�a��the new home of the Bemidji State University Beavers Division I college hockey CONSTRUCTION COST program. The total cost of this facility was approximately $50M. Ice System: $1,100,000 Dasher Boards: $250,000 Like the facility itself, the ice system is state-of-the-art. The refrigeration system was designed with the highest efficiency equipment and refrigerants possible for CONTRACT TYPE this type of venue. The ice rink floor will be designed with a seamless floor Lump Sum system that uses non-corrodible materials. The dasher board system was designed with the latest technology and options to maximize player's safety and OWNER spectator's involvement and enjoyment. The dasher board system was also City of Bemidji, Minnesota designed to be easily removed and reinstalled to accommodate dry floor events. Bemidji State University CONSTRUCTION MGR Kraus Anderson - 14 a g,a J< . * 1 REFERENCE R �• _ —1 G `Gerry Domino, Project Manager -- .. ' 1 • Kraus Anderson vim r 0 if • . • 206 Beltrami Avenue NW '-,..,.•4 j Bemidji, MN 56601Pro } ti P. 763-286-0886 1 • . gerry.domino@krausanderson.com - . - ,..G.. . 16 0-Stevens STEVENS—ICE STATEMENT OF QUALIFICATIONS REPRESENTATIVE PROJECTS Collegiate Project DULUTH ENTERTAINMENT AND CONVENTION CENTER Duluth, Minnesota • ill I � - r ' • 4 ' rr— .• il rm. . y .: F 4 ..A. " L li. . L- .l . ' �e .1I . .le_ ' phi&. --:;: ...I'll: 7 - • 'AWL- L ' Idiiki` •u iYil '1. ' 1i 3 - .1.11 i r'Fi�L 'ITt+`ITY''q+!-111LL _ .Ia Clockwise from top left: (I) header and transmission pipes where designed to fit into the existing concrete lined trenches; (2) concrete is placed over the steel rink piping; (2) a new welded steel floor provides the highest level of performance and efficiency (4) new rink circulation pumps and system insulation were installed. Project Scope ICE SYSTEM The DECC is the home (now former home) of the Division I, WCHA Indirect,Ammonia/Brine University of Minnesota-Duluth Bulldogs. In recent years, maintenance and Concrete floor repairs on the 40-year-old ice rink floor had increased substantially. Corroded rink pipes and settlement and cracking of the concrete floor raised concerns PROJECT COMPLETION over the reliability and remaining life of the rink floor system. October,2007 Stevens was hired to design a new, high-performance, rink floor including CONSTRUCTION COST evaluating options for different types of rink piping systems and the existing Project: $788,800 concrete structural slab which is located on top of a network of piling. Challenges on the project included a tight project schedule; existing concrete OWNER pipe trenches that could not be modified; and an existing 40-year-old Duluth Entertainment and refrigeration system with little design data available. The project was Convention Center, Minnesota successfully completed, delivering superior ice quality in time for the first CONTRACTOR Bulldog hockey practice of the season. Commercial Refrigeration - . . . Systems, Inc. Virginia, MN - • } `+ • REFERENCE '' r: ;`; J 41.11 ' I `x .9: _ J e ' # • ' Dan Russell, Executive Director - .. i } , ....,.:L.,. E. 350 Harbor Drive l ; Duluth, MN 55082 ffar f a I \\N.. N. P. 218.722.5573 ���� ii ii i t N �� drussell@decc.or . # ` 1 � I 1 0-Stevens STEVENS—ICE STATEMENT OF QUALIFICATIONS REPRESENTATIVE PROJECTS Collegiate Project MOORHEAD SPORTS CENTER Moorhead, Minnesota 1 :411k. - n . _..._ _..._. _,... .. ..... - P _Jr __ _ — , , ..... AL ....,._.. . . .........„ 4 ,. - �`-_ •L r4 �1. � . - i L t 3'4 r� ii- . •-- . - IA -- - t I 4ir II. tiiillillii. - - ICE SYSTEM Project Scope Central Refrigeration System The original refrigeration system and ice rink floor for the main arena had Indirect, R-22/Ethylene Glycol reached its useful life. Increased maintenance, concerns over reliability with the Concrete floor aging equipment, and a cracking concrete ice rink floor prompted the City to move forward with this project. The ice system renovation project included PROJECT COMPLETION several key elements: November, 2007 • Remove and dispose of the existing refrigeration system and ice rink floor for the main arena. CONSTRUCTION COST • Renovate the existing refrigeration system for the practice arena by Ice System: $662,000 increasing its capacity to serve both ice sheets providing a more efficient Dasher Boards: $234,000 operation. In addition to installing additional equipment, the renovation to CONTRACT TYPE the existing refrigeration system included addressing existing problems such Lump Sum as replacing; simplifying controls, ineffective oil return system, and undersized piping systems. OWNER • Install a new concrete ice rink floor with a seamless, non-corrodible City of Moorhead, Minnesota polyethylene piping system and a sub-soil heating system. ■ Install a new dasher board system designed to fit the existing spaces. This GENERAL CONTRACTOR included a supportless and flexible shielding system which maximized Local viewing and will help decrease the potential for injuries. REFERENCE This ice system renovation project was part of a building renovation that Barry Warren, Facility Manager 324 24`h Street, South provides Concordia College and the Moorhead High School hockey teams with Moorhead, MN 56560 a premier facility to play hockey. P. 218.299.5354 barry.warren@ci.moorhead.mn.us 18 0-Stevens STEVENS-ICE STATEMENT OF QUALIFICATIONS REPRESENTATIVE PROJECTS Collegiate Project SPORTS AND HEALTH CENTER University of Minnesota - Duluth 111. . . T Project Scope The aging Holmsten Ice Rinks System had increased maintenance costs and was - • - in need of replacement. Using a new system design, Stevens successfully 3debuted and implemented in 2008 at Gustavus Adolphus College, the existing.. i refrigeration system was converted from a direct to an indirect system. This design was a very attractive renovation option for the University for the following main reasons: • Sustainability. With the phase of the high global warning potential refrigerant R-22 in 2020 looming, this renovation substantially reduced the facility's and campuses' carbon foot print by reducing the refrigerant charge from 6,000 pounds of R-22 to 800 pounds. • Minimizing Energy Costs. Even though the existing direct system is one of the most efficient types of refrigerant systems found in the industry today, its continued use is no longer feasible due to high material costs, safety and environmental concerns. This option has proven to nearly match the efficiency of the existing direct system. • Minimize Capital Cost. Since the condition of the existing Holmsten Refrigeration system was in good shape, reusing the majority of the ICE SYSTEM existing equipment reduced the project costs significantly. Indirect, R-22 Ethylene Glycol _ Concrete floor + — } :-ii, ... 1 • PROJECT COMPLETION .- 5 July, 2010 . ; ?f CONSTRUCTION COST • O. . t _ lid $800,000 .ii .. 11 , i } i ' •CONTRACT TYPE - - ' . / IM Lump Sum - t OWNER • - - • Univ.of Minnesota—Duluth - - GENERAL CONTRACTOR —_ 1 - - Johnson Wilson—Duluth, MN '� � � ` f A _ REFERENCE • • - - `j �, John Kessler—Construction 0 I `� Project Administration, University of Minnesota 280 Lund Building 223 W. College Street Duluth, MN 55812 P. 218.726.8620 jkessler@d.umn.edu -- • 19 0-Stevens STEVENS—ICE STATEMENT OF QUALIFICATIONS REPRESENTATIVE PROJECTS Collegiate Project LUND ARENA Gustavus Adolphus College - St. Peter, Minnesota f. -.... I lb ' _ . i Iiii..) . .VOW: iaipplf. 411114F"- Al'. .1m.:;.. d Ilk ...4 Innovative • Cost Effective • Timely ICE SYSTEM Direct, R-22 Project Scope Sand Floor Holmsten Ice Rinks manufactured and installed over 200 direct refrigeration ice PROJECT COMPLETION rink systems in North America between 1970 and the late 1980's. Many of November 25, 2008 those systems now need to be replaced or renovated with new technology. CONSTRUCTION COST By late in the summer of 2008, Gustavus Adolphus College had realized that the $550,000 leaks in their ice rink floor were too extensive to simply patch, and with the CONTRACT TYPE price of refrigerant on the rise, the risk of larger leaks were too great. Lump Sum Searching for a sensible solution, the College hired Stevens and ice rink OWNER contractor, Commercial Refrigeration Systems, as a design-build team, to Gustavus Adolphus College provide options for replacing the ice rink floor. After evaluating several options, St. Peter, Minnesota the selected design included converting the existing direct refrigeration package CONTRACTOR over to an indirect system using all of the existing refrigeration equipment. This Commercial Refrigeration design had never been used on a direct system before. The unique design Systems, Inc.,Virginia, MN solution saved the College over $300,000 in construction costs; allowed a shorter period for construction providing the college with skatable ice in less REFERENCE than 2 months from the start of demolition; and provided the College with an Warren Wunderlich ice system that is nearly as efficient as the direct system it replaces. Physical Plant Director Gustavus Adolphus College 800 West College Avenue Saint Peter, MN 56082 0-Stevens STEVENS—ICE STATEMENT OF QUALIFICATIONS REPRESENTATIVE PROJECTS Collegiate Project ALL SEASONS ARENA Mankato, Minnesota i • • ipW0•1 . 3 • rA - • - h. . I " Project Scope ICE SYSTEM All Seasons Arena is the practice facility for the Division I, WCHA, Minnesota Direct, R-22 State University Men's Hockey Team and game facility for the Division I Concrete Floor Women's Hockey Team. The facility has also hosted International Hockey Dasher Board System events such as Team USA. Maintaining a high performance ice sheet arena is PROJECT COMPLETION vital. October, 2005 The School District took a proactive approach in hiring Stevens to inspect and CONSTRUCTION COST evaluate the 32-year-old ice rink floor and refrigeration system. Signs of aging Ice System: $786,000 had become evident and continued to increase. Dashers: $140,000 Stevens performed an evaluation study of the systems identifying problem areas, CONTRACT TYPE providing recommendations, and preparing cost estimates and a construction Lump Sum schedule for repair and replacement. A detailed review of the direct ice system OWNER options and refrigerants were also presented in the report. ISD#77 Mankato, Minnesota To maintain the highest quality ice surface and the most efficient system, the School District selected to renovate the existing direct refrigeration system and CONTRACTOR replace the ice rink floor and dasher board system. The project included fitting Gartner Refrigeration/ the new refrigeration equipment into the small existing mechanical room, adding Commercial Refrigeration safety devices and ventilation systems, and bringing the room into compliance Systems, Inc. with current codes. REFERENCE Paul Ostoff, Facility Manager All Seasons Arena 1251 Monks Avenue Mankato, MN 56001 P. 507.387.6552 asa@hickorytech.net 21 0-Stevens STEVENS—ICE STATEMENT OF QUALIFICATIONS REPRESENTATIVE PROJECTS ** Renewable Energy ***FE[[s[a..:'. Source Project COMMUNITY ACTIVITY CENTER RENOVATION Brooklyn Park, Minnesota �1t4111 1 Ilt 1 i. .1 41111111 40. - AM. 111:#1.1.11r - am it........., . iI[ 41E,6101 ,. or — A a t - 4, 7.1 -Will t . .-.- W 0 ..-. ".. Jr N . . - 10/2312010 ICE SYSTEM Indirect,Ammonia/CaCl2 • Concrete floor - PROJECT COMPLETION Project Scope September, 20I0 The original ice arena was constructed in 1983 and is served by a direct CONSTRUCTION COST Holmsten Ice Rinks System. As with most Holmsten systems installed in the General Constr: $2,500,000 80's, system failures have increased maintenance costs and raised concern about Ice System: $1,300,000 reliability. Stevens was the lead consultant on this project and worked closely Dasher Boards: $150,000 with the City and their Energy Service Organization to design a unique solution for the replacement of this system and other mechanical systems. The solution CONTRACT TYPE includes using City well water as a geothermal heat exchange system. This Lump Sum design allows the new refrigeration system to operate at higher than normal efficiencies, unmatched by other systems in the industry. The system will also OWNER capture 100% of the waste heat generated from the refrigeration system for City of Brooklyn Park, reuse in the facility. Minnesota CONSTRUCTION MGR This new, energy efficiency design, reduces the green house gas emissions of the McKinstry facility and lowers its carbon footprint without sacrificing performance of the two ice sheets. The first of the two ice sheets was placed on-line in August, REFERENCE 2010 and is exceeding performance and efficiency expectations. Steve Lawrence Operation & Maintenance Sup City of Brooklyn Park 8300 Noble Avenue North Brooklyn Park, MN 55443 P. 763.493.8028 Steve.Lawrence@brooklynpark.org 22 0-Stevens STEVENS—ICE STATEMENT OF QUALIFICATIONS REPRESENTATIVE PROJECTS Renewable Energy . * FE[[sCa•:'• Source Project BURNSVILLE ICE CENTER RENOVATION Burnsville, Minnesota �1r Project Scope ti • P . " Since 1972,this distinctive wood arched structure has been a corner stone to • - developing hockey in the Twin Cities. In 2008, the City of Burnsville adopted a F ' : Sustainability Guide Plan. In following with that plan the City replaced the ice 'IL - —'•'4•0rF1;. , 4 system and most of the mechanical systems with first of its kind, state-of-the- ter, art, geothermal-based ice and mechanical systems. In addition to being the lead • _ design consultant and project manager on this project, Stevens also successfully assisted the City in obtaining over $500,000 in funding for this project and other "r Cityprojects through the EnergyEfficiencyand Conservation Block Grant . +a' g (EECBG) Federal Stimulus program. .. % _: .-.1t 4111111111P4000.1111111W-#000110- 0. i« .i_ '41:•34.16: :- .gaillialit , - awille: ,, ;� ., . _ , -- ...NIE. A:Am Vio i .. _ _ _ __ - _rt. ir... .. ..1. - ---- ii ICE SYSTEM le._ Indirect,Ammonia/CaC12 Two concrete floors �_ �,;..� r_______________ii ,r.7201,--- .......--r.Dasher board systemsli p* III E;�. ] PROJECT COMPLETION rZ_ jg di. P U I I October, 2010 easier CONSTRUCTION COST 1 G i l-orkaa, Sg-yts� wGd.Ca*OP $4,900,000 • . � E&�Cam Kim Add= t I,limb Ammo wr_ fto..rrdF CONTRACT TYPE - *rg6wIho IC is, Lump Sum ..,.u„��,.f„ *,Ma' OWNER A `` . ... Or City of Burnsville, Minnesota , "'"y,;,' =*FER+ ,- w.arMra mi+ir• .4 . .•a.me rr REFERENCE ,_ Uwi Terry Schultz—Director of , == �"�� � Ts do ��+ - -- �..16%%1r 1 M i Idiom,r F . r irw�.ewiwraiwrUr r 111.1. Parks, Recreation and Natural i ,1. �,,,F.. AMAw..« -i� � airporg.mil pr.MOM Resources 100 Civic Center Parkway -- —— Burnsville, MN 55337 23 Stevens P. 952.895.4505 terry.schultz@ci.burnsville.com STEVENS-ICE STATEMENT OF QUALIFICATIONS REPRESENTATIVE PROJECTS . Renewable Energy * * Source Project BRAEMAR ARENA RENOVATION Edina, Minnesota %1Ir • ,.• Project Scope Since 1965 the City has been developing a strong tradition of successful hockey and other ice-related programs at Braemar Arena. After 44 years in operation, = ? ; - the original floor in the West Arena required replacement. In order to address humidity issues, new dehumidification systems were designed for the West and ,_ East Arenas using waste heat from the refrigeration system. Other work _ — included site improvements, dasher board system replacement, rubber flooring, - - building improvements, dehumidification systems, and successfully assisting the .rrr, City in applying for $220,000 in funds through the Energy Efficiency and Conservation Block Grant (EECBG) Federal Stimulus program. anr_ - •0.°11°‘ - e _ ,- . • It it ip Ili ICE SYSTEM & GC — ,. • - *. _ - Indirect,Ammonia/CaCl2 — - _ Sand Rink Floor z - - • Dasher Board System . Fill HVAC & General Constr. - - --- — �- PROJECT COMPLETION 4 F October, 2010 • 40 CONSTRUCTION COST116111411- L $2,100,000 CONTRACT TYPE — • • - II a Lump Sum m� ,, +. ■ . : illfr OWNER .. ,ht �;� • ; . ' illipp, 11 City of Edina, Minnesota +,t ' + �CONTRACTOR " -__„-. Cool Air Mech., St. Paul, MN • — r { REFERENCE ' — John Keprios—Parks and lip. . ...,*,' r, , Recreation Director City of Edina, Minnesota N * ; ,•' r 4801 West 50`h Street • I i'i- 41 Edina, MN 55424-1394 . .i#:h.#'� -' . __ P. 952.826.0430 - .. '~ - jkeprios@ci.edina.mn.us - 1 - , Apr -� - 0-Stevens STEVENS-ICE STATEMENT OF QUALIFICATIONS REPRESENTATIVE PROJECTS Multi-Ice Sheet Project Indirect refrigeration systems are the most common type of ice system serving ice rinks today. Proper design of flow rates and selection of refrigerants and equipment are keys to maximizing efficiency and the longevity of the system. SCHWAN'S SUPER RINK - NATIONAL SPORTS CENTER Blaine, Minnesota Aii. t .-if , ,. A) .limiw. .1. . 011: '. I• • .A A I Alki r - Project Scope Playing off the success the original Super Rink Facility, the National Sports Center expanded its ice arena facilities by constructing a four (4) sheet ice rink facility to compliment the original rinks. This expansion makes it the largest ICE SYSTEM indoor ice arena facility in North America. Although the design intent was for a Central Refrigeration System seasonal practice facility, the ice system was designed with the same high Indirect, R-22/CaCl2 performance and quality as the original system. The ice system provides Four(4) concrete floors capacity for year round ice on two (2) floors. PROJECT COMPLETION The ice system consists of: a 300 ton, industrial-grade, centralized refrigeration November, 2006 system; waste heat recovery systems; sub-floor heating systems; sub-soil CONSTRUCTION COST drainage systems; four (4) concrete ice rink floors; and two (2) snow melt pits. Original: $1,500,000 The central refrigeration system and the waste heat recovery systems are key Final: $I,500,000 design elements for minimizing energy costs. OWNER I' ' if':. _. ,.' I National Sports Center am.). 'h Er„,.,�' I. r ,l w . _' Ir• } V. Blaine, Minnesota I .. - • CONSTRUCTION MGR i I Kraus Anderson 'll 1 J tj III 1 REFERENCE I. * w . 11 Pete Carlson- Facility Manager i.1 National Sports Center • Schwan's Super Rink I ' 1850 105`h Avenue NE + _ I I11I1 Blaine, MN 55449-4500 I 1 — : _- ,��_ - - Office: 763.717.388 I I i . . ', � Q b U. I. i.. i !'� 51 pcarlson@superink.org j -25 Stevens0- STEVENS—ICE STATEMENT OF QUALIFICATIONS REPRESENTATIVE PROJECTS Multi-Ice Sheet likg Project HERITAGE SPORTS CENTER Duluth, Minnesota _ -' ■ \. oneg illr.. •1 .* �! I is I . 4 ��__-' . # , . - - — _ — ti r 'A _ ,ram .. - _ .Y. _ ; �� alr - I , 0404% I, _ - --- i J ' = . - I I L.--- 9. .•. % ICE SYSTEM Central Refrigeration System r'l q Indirect, R-22/CaC12 Two (2) concrete floors Project Scope PROJECT COMPLETION Several years ago, northern Minnesota lost one of its indoor ice arenas, Rink I: March, 2008 Peterson Arena, to a fire. Rebuilding was never in question in the State of Rink 2: December, 2008 Hockey. CONSTRUCTION COST The facility was designed and constructed around the Clyde Iron Works Ice System: $1,100,000 Building, an industrial facility established in 1898 in the City of Duluth. The site was once the world headquarters for a company famous for heavy lifting CONTRACT TYPE machinery that is still used on some large shipping docks. Lump Sum OWNER In addition to the challenges the design team faced with renovating a 100-plus- City of Duluth, Minnesota; ISD year-old building, implemented elements of sustainable design practices 709;and Duluth Amateur wherever possible. The ice system design included a central, industrial grade Hockey Association refrigeration system designed to serve the two ice rinks. Calcium chloride CONSTRUCTION MGR circulation fluid was used throughout the ice rink floors to maximize efficiency. Kraus Anderson Waste heat from the refrigeration system is used for melting snow in the snow melt pit and providing heat for the sub-soil heating system beneath the ice rink REFERENCE floor. John Erickson,AIA DSGW Architects 2 West I'Street, Suite 201 Duluth, MN 55811 P.218.727.2626 JErickson@dsgw.com 26 0-Stevens STEVENS-ICE STATEMENT OF QUALIFICATIONS REPRESENTATIVE PROJECTS Multi-Ice Sheet 0 Project ST. PETER REC-PLEX . ilpeai: St. Peter, Missouri 1 Project Scope - This popular family recreation and athletic training center complex near St. Louis was further enhanced with the addition of 2 NHL-sized ice sheets for a - total of three ice rinks. Stevens worked closely with the design team to lower ' the cost of the ice system,without compromising quality, through a value i{' engineering process. A common refrigeration system provides the complex OP _ - with the maximum operating efficiency and minimal maintenance. .- I,.. , 4(17 A - k-- .-- ,,--1- ivy . • ■ .. 1111 . tr ICE SYSTEM 1 - _ _ iti r Indirect, R-22/CaCl2 Two Concrete Floors 4 'lir 1 oil ihi,!. PROJECT COMPLETION I October, 2007 111111 CONSTRUCTION COST 1 Ice System: $1,100,000 CONTRACT TYPE itzz_ - Design-Build 4 _ OWNER iek , City of St. Peters, Missouri - i - + * gif I CONTRACTOR - ; ` { Walton Constr., Kansas City • - • _ REFERENCE - : }_ - s _ Tom Betti-Project Architect - �_ = _ . 292 Design Group -�- .: . - � 9100 49 Avenue North - �-- � � f New Hope, MN 55428 �' f P. 763.533.3813 - . ,' tbetti@292designgroup.com OStevens STEVENS—ICE STATEMENT OF QUALIFICATIONS REPRESENTATIVE PROJECTS Multi-Ice Sheet Project EDEN PRAIRIE COMMUNITY CENTER Eden Prairie, Minnesota Project Scope The Eden Prairie Community Center is over twenty years old. It houses two sheets of ice and was experiencing operational problems with the central, direct refrigeration system and major problems with the original rink floor. Stevens was hired by the City of Eden Prairie to perform an evaluation of the existing ice system and more importantly, to provide options, cost estimates, and scheduling for an immediate floor replacement. The final evaluation report outlined recommendations for improving the condition and operation of the refrigeration system to extend its life another twenty years. The improvements provided potential for substantial energy savings. • The evaluation study determined the 2004 floor replacement project was necessary because of increasing cracks in the existing and movement of the concrete rink floor. Both were indicators of frost build up beneath the rink floor. Left unaddressed, the City faced increased operational and maintenance costs and potential loss of ice time in the near future. Stevens assisted the City ICE SYSTEM in determining the depth of frost and a cost effective method for removing the Direct, R-22 frost build up. The existing ice rink floor and I 0-feet of frost were removed. Two Sand Floors A new sub-floor heating system and direct refrigeration sand ice rink floor was Third Sheet: Indirect Ammonia installed under a shortened time schedule. PROJECT COMPLETION Floor Replac.: October, 2004 The study also provided a foundation for budgeting and scheduling for the floor Improv.: December, 2005 replacement project performed in 2004. The refrigeration system repairs Third Sheet: May, 2008 performed in 2005 and 2006 included a central computer control system with remote monitoring capabilities. In 2008 a third ice sheet was constructed with a CONSTRUCTION COST new ice system including; a refrigeration system, an ice rink floor and a dasher 2004 Floor: $316,600 board system. 2005 Improvements: $10,000 _ 2006 Improvements: $327,000 2008 Third Sheet: $748,600 CONTRACT TYPE Lump Sump I OWNER : 7I - ' City of Eden Prairie, Minnesota 1 40.1t17; CONTRACTOR ' . II Various x - I REFERENCE d Paul Sticha— Facilities Manager f I City of Eden Prairie, Minnesota 8080 Mitchell Road Eden Prairie, MN 55344-4485 P. 952.949.8300 psticha@edenprairie.org 28 0-Stevens STEVENS—ICE STATEMENT OF QUALIFICATIONS REPRESENTATIVE PROJECTS Multi-Ice Sheet Project RUNESTONE COMMUNITY CENTER Alexandria, Minnesota - • ik. . p 'al I 0sib • r _ • F. 1 - 4, • * • - 4 i - LF . ice- - El= - d mi. f .I I.:... J f fell 1;1!: Ai P . ' I # 4 1,4 „, ,L%.„....,,.....-111,, .impbf:' . 71Iiir' ' . I s - I ~ H F. ,lifArd . , „.; MO &' N. re L,r' 031:: - l 1 E Planning for Future Needs ICE SYSTEM Indirect, R-22/CaCl2 Project Scope Concrete Floor Holmsten Ice Rinks manufactured and installed the original ice system for the Designed for 2 sheets Runestone Community Center in 1976. The 33-year-old system served the PROJECT COMPLETION facility well, but increased repairs to the concrete rink floor and maintenance to November I, 2009 the refrigeration system prompted the City to replace the existing ice system. CONSTRUCTION COST Stevens applied a step-by-step approach to the project starting with a detailed $950,000 discussion of options for renovating or replacing the existing ice system. This included whether to continue using R-22 refrigerant or switch to ammonia or CONTRACT TYPE other new blended refrigerants. Estimated costs and energy savings were Lump Sum reviewed and discussed. In the end, it was determined that the best option was to replace the existing direct refrigeration system with an indirect R-22/calcium OWNER chloride refrigeration system. City of Alexandria, Minnesota CONTRACTOR Considering future needs, the City also approved upsizing the refrigeration Rink Tec International system now to either connect the existing second ice sheet, when the current Little Canada, Minnesota refrigeration system needs replacement, or serving a future third ice sheet. The future savings range from $200,000 to $350,000. Another unique feature of the REFERENCE new design includes recycling snow melt pit water for the condenser system Vinnie Hennen— Facility saving more than 385,000 gallons of water use per year. Manager City of Alexandria, Minnesota Stevens experience with renovation projects was beneficial in laying out the new 704 Broadway ice equipment and providing a separate room for the main electrical service all Alexandria, MN 56308 within the existing footprint of the original mechanical room. P. 320.763.4466 arc@rea-alp.com 29 Stevens0- STEVENS—ICE STATEMENT OF QUALIFICATIONS REPRESENTATIVE PROJECTS �' Multi-Ice Sheet • Project BURDICK ARENA + Devils Lake, North Dakota I pII ly, id r al AP AmPIP".46. AillAr -- . . , $ L'i- %goo IviliVilliir/WVIIIIII.ir. *. • • . liblha FP Y.' .-r 3 _ gril 1 ,. i • - i ji ... ICE SYSTEM 4 \-11 e Refrigeration System Onlyir. r. EI Indirect, R-22/E.Glycol , ,,.., Adaptable for future refrigerant r v ; - a PROJECT COMPLETION 3 - - , October, 2009 it --- __ �f _ 11 ii II _ '" CONSTRUCTION COST 11-.. - • Ice System: $490,000 s 6 CONTRACT TYPE GC, Lump Sum Project Scope OWNER Faced with an aging refrigeration system, the Devils Lake Park Board hired Devils Lake Park Board, ND Stevens to first provide an evaluation of study of the existing systems and options for replacement and then, teamed with the local engineering firm EAPC, CONTRACTOR hired to design the recommended improvements and provide construction Rink Tec International phase administration and inspection services. One of the biggest hurdles to overcome was the phase-out of R-22 refrigerant in the near future. Stevens ARCHITECT/ENGINEER designed an R-22, industrial grade refrigeration system that can easily be EAPC—Grand Forks, ND converted to a replacement refrigerant in the future. The design of the system REFERENCE makes it easy to install additional equipment in the future to serve an outdoor Terry Wallace ice sheet. Stevens also included dedicated electrical meter to monitor power Superintendent of Parks& Rec consumption and improve heat recovery options such as snow melting and Devils Lake Park Board arena heat. PO Box 446 Devils Lake, ND 58301 Stevens assisted the Park Board in obtaining an energy grant for $100,000 from P. 701.662.8243 the North Dakota Department of Commerce. twallacedlpb@gondtc.com 30 0-Stevens STEVENS-ICE STATEMENT OF QUALIFICATIONS REPRESENTATIVE PROJECTS Community Arena Project PASADENA ICE SKATING CENTER Pasadena, California q Q's A�DF�'q - W- "'11141iff -- - - _ i CENTER Om - A , SO WO. . 1mm r' -60.1.-I , .51114,.M OM )f" - ' -± _ ppSADEN4 I &NtlF -- i- _ . I-1. ,t: . i p, ®PAJ'ADENA CENTER OPERATING COMPANY, F Al oars ICE SYSTEM I • it " - 4"frit.wo +. Indirect, R-507/Ethylene Glycol :3 . ' Sand Ice Rink Floor • i I I ' 4 ,ti • y � r �' . 4•i L PROJECT COMPLETION •'r '~ September, 2011 • - • ' CONSTRUCTION COST Project Scope Ice System: $900,000 The existing Pasadena Ice Skating Center had been operating since 1976 in the Dasher Boards: $165,000 original historical City Ballroom, constructed in 1931. The facility is in need of a Remaining Build-out: $1,890,000 major renovation and repairs. In efforts to evaluate the aging facility and be RENOVATED AREA: proactive in sustaining and improving the community's access to ice skating 33,900 SF activities, the Pasadena Center Operating Company (PCOC) directed Stevens, CONTRACT TYPE: Lump in 2009, to perform an evaluation of the existing Ice Skating Center. Sum The study concluded that the cost of renovating just the interior shell of the OWNER building and the buildings ice and other mechanical systems would cost over Pasadena Center Operating $3.7M. However, as part of the study, a more economical option was found, to Company, California move the ice skating rink from the historical ballroom to an existing, adjacent, GENERAL CONTRACTOR rigid frame tensile structure. MTM Construction REFERENCE After further consideration and evaluation, and several attempts by the City to Michael Ross, CEO build an entirely new facility, the PCOC and the City had decided to move Pasadena Center Operating Co. ahead with transforming the existing structure into an ice skating facility. Under 300 E. Green Street a tight budget and timeframe, the facility opened on time in September, 201 I. Pasadena, CA 91 101 P. 626.793.2122 mross@pasadenacenter.com 31 0-Stevens STEVENS—ICE STATEMENT OF QUALIFICATIONS REPRESENTATIVE PROJECTS Community Arena Project COMMUNITY CENTER EXPANSION Maple Grove, Minnesota • T. 11 - r - L _ - -�.� - -• • • 1!~ 11 ICE SYSTEM Refrigeration System Project Scope Indirect,Ammonia/Glycol With a high demand for ice time, the City of Maple Grove, Minnesota wanted to Concrete Rink Floor expand their existing one sheet ice arena facility. One of the main goals during Aluminum Dasher Boards the design phase of the new arena was to follow sustainable design guidelines. Condenser replacement, 201 I Therefore, the design team used the LEED checklist as a guide throughout the PROJECT COMPLETION project's design and construction. October, 2007 As part of the design process, a local energy company stepped forward with CONSTRUCTION COST financial incentives to evaluate the design of GEOTHERMAL-based ice and Ice System: $1,100,000 mechanical systems. Stevens designed a geothermal based ice system that CONTRACT TYPE provided the high performance and quick response time required for the ice Lump Sum sheet. The geothermal design option was then compared to the original design. Since the original design of the ice system, following the LEED guidelines, OWNER maximized energy efficiency and minimized construction costs, the City decided City of Maple Grove, MN the geothermal-based design option did not provide enough benefit to justify the CONSTRUCTION MGR additional cost. RJM Construction REFERENCE Frank Weber Operations Supervisor Maple Grove Comm. Ctr. 12951 Weaver Lake Rd Maple Grove, MN 55369 P. 763.494.6465 fweber@ci.maple-grove.mn.us 32 OStevens STEVENS—ICE STATEMENT OF QUALIFICATIONS REPRESENTATIVE PROJECTS Community Arena Project BLOOMINGTON ICE GARDENS Bloomington, Minnesota • al . . 017; 4 IL Ili, • • Project Scope 01.1111411 Rink I at the Bloomington Ice Gardens was designed to thk F operate seasonal over 38 years ago in 1969. With the L • expansion of hockey in the Twin Cities this rink soon • became one of the premier hockey centers forcing it to Ati1111 �.; operate on a year round schedule. The facility was original constructed with a Holmsten direct refrigeration system, one of the most common and efficient ice systems at the time. Year round operation and age took its toll on the ice system over the years. ICE SYSTEM Indirect, R-22/Ethylene Glycol In 2006, with an aging ice system and obvious concerns with frost build up Concrete Floor(accel. Cure) beneath the ice rink floor, the City of Bloomington hired Stevens to evaluate the existing ice system and to design improvements to the system. After PROJECT COMPLETION considering alternative systems and salvaging and reusing the existing equipment, November, 2007 Stevens designed an industrial grade refrigeration system that will last long into CONSTRUCTION COST the future. The project's challenges not only included; a very small mechanical Ice System: $840,000 room, site drainage outside of the mechanical room (of which Stevens designed Frost Removal: $516,000 the site improvements), and tight project schedule, but also deep layers of frost that required removal before the new ice rink floor could be constructed. CONTRACT TYPE Stevens' knowledge with ice rink projects, renovation projects, scheduling and Lump Sum soils played a key role in the project's success. OWNER City of Bloomington, MN CONTRACTOR Rink Tec International REFERENCE Andy Baltgalvis—Facility Mgr 3600 W 98`h Street Bloomington, MN 55431 P. 952.563.8841 abaltgalvis@ci.bloomington.mn.us 33 OStevens STEVENS—ICE STATEMENT OF QUALIFICATIONS REPRESENTATIVE PROJECTS Community Arena Project ANDOVER COMMUNITY CENTER & YMCA Andover, Minnesota _�_ _— 4000ii 1 • IL ,id n .. —a■ - . _ o ,. 4.-- - IP lit J. I k C I). _ ss:c . • pm M . i dalr Y .' 1 /V : Yillr , I 'Of; if •. 11. . . • r - • Clockwise from right picture: (I) industrial grade refrigeration system for efficiency and ICE SYSTEM performance; (2) fusion welded polyethylene rink floor piping for longevity and maintenance Indirect, R-22/Calcium Chl. free; (3) rink circulation pumps with backup;(4)waste heat recovery system for efficiency. Sand Floor PROJECT COMPLETION Project Scope October, 2003 The Andover Community Center is a great example of an affordable ice system for a community based rink. The ice system includes: CONSTRUCTION COST Ice System: $430,000 • An industrial-grade refrigeration system designed for year round operation CONTRACT TYPE providing efficient operation, low maintenance, and high performance. The CM at risk system will serve the facility for over 25 years. ■ Layout that allows easy access to all equipment for safe and easy operation OWNER and maintenance. City of Andover, Minnesota • A waste heat recovery system that captures "free heat" from the refrigeration system and uses it for melting ice shavings in the snow melt pit CONTRACTOR and for heating the sub-soils beneath the ice rink floor for frost protection. RJM Construction • Simple, straight-forward controls for the refrigeration systems that are easy REFERENCE to operate while providing necessary monitoring capabilities. Erick Sutherland ' A sand rink floor with fusion-welded polyethylene piping system; a seamless, 15200 Hanson Blvd NW low maintenance design. Andover, MN 55304 P. 763.767.5100 esutherland@ci.andover.mn.us 34 0-Stevens STEVENS—ICE STATEMENT OF QUALIFICATIONS REPRESENTATIVE PROJECTS Community Arena Project FRANK RUKAVINA ARENA Silver Bay, Minnesota 71.71r . do' oil • 1110 . ., Clockwise from bottom left: (I) reuse one existing compressor, one new compressor; (2) new ammonia refrigeration system; (3) new dasher board system. ICE SYSTEM Indirect Refrigeration System Ammonia/Brine Concrete floor Dasher Board System Scope PROJECT COMPLETION Project September, 2007 The existing ice system at the Frank Rukavina Arena was installed in 1967. Reoccurring problems over the last several years prompted the County to start CONSTRUCTION COST planning for improvements and/or replacement of the ice system. Stevens Ice System: $638,700 performed an evaluation of the ice system, in 2005, identifying problems and Dasher Boards: $1 18,300 inefficiencies with the system. Based on the evaluation, it was determined that CONTRACT TYPE the 40-year-old ice system has served the facility well, more than exceeding its Lump Sum life expectancy, and that it should be replaced to maintain a reliable, safe, and efficient system. OWNER Lake County, Minnesota The new ice system is designed to achieve the highest efficiency possible. Ammonia, an environmentally-efficient refrigerant, and calcium chloride (brine) CONTRACTOR were selected as refrigerants because of their very efficient heat transfer Commercial Refrigeration properties. Other key design features of the system include high efficiency Systems, Inc.,Virginia, MN motors, high qualityinsulation, and a seamless rink piping system (fusion welded g � P�P� g Y REFERENCE connections). Mike Guzzo—Facility Mgr 129 Outer Drive Efforts were made to keep the project costs down by: re-using one of the Silver Bay, MN 55614 existing a backup system rather than purchasing a new unit; the City removing P. 218.226.4214 the existing dasher board system and by the County removing the existing concrete rink floor. 35 0-Stevens STEVENS—ICE STATEMENT OF QUALIFICATIONS REPRESENTATIVE PROJECTS Community Arena Project FAMILY RECREATION CENTER Rock Springs, Wyoming - ik, •V .TA - T *�. = I CY L -- - ' I. '' maw 111 •,.i 1 -.'. Emir _ —i r•, • 1 t ..•,,.._..., _ .. - P ripe 16 , — y - �� 4. ' "{. 11 i0912a10 ICE SYSTEM ' "� Indirect, R-22/E. Glycol Concrete Rink Floor Cost Effective Solution • Building on Success PROJECT COMPLETION September,201 I Project Scope CONSTRUCTION COST After designing the first of its kind several years ago, Stevens was able to offer Ice System: $847,000 to the City of Rock Springs, with the greatest degree of confidence, an ice system design that converted the City's existing Holmsten Direct Ice System to CONTRACT TYPE a state-of-the-art, energy efficient, indirect ice system. This design saved the GC, Lump Sum City approximately y$150,000 is capital cost by re-using existing refrigeration OWNER equipment. The added challenges on this project included a refrigeration room City of Rock Springs,WY that was one story above the ice sheet and poor water quality for ice making. CONTRACTOR Stevens' extensive renovation experience was valuable in navigating the Commercial Refrigeration challenges of pipe routing and cramped spaces. To counter the City's poor Systems,Virginia, MN water quality, a reverse osmosis system was installed to filter resurfacer and REFERENCE flood water. David Lansang Director—Parks& Recreation City of Rock Springs 3900 Sweetwater Driver Rock Springs,WY 82901 P. 307.352.1440 Dave_Lansang@rswy.net 36 0-Stevens STEVENS—ICE STATEMENT OF QUALIFICATIONS Engineering Study, REPRESENTATIVE PROJECTS On-going Project Development NEW HOPE ICE ARENA New Hope, Minnesota I H - _ • �~ 4 cow.'r. ,4101116. —a : I k E \ • 411 H -- . 9+1. Project Scope The City of New Hope and the New Hope Arena have a long standing tradition as one of the top community ice arena facilities in the Midwest. Rink I was constructed in 1975 and Rink 2 in 1996. As part of a continued effort to improve operation and efficiency of the facility; to plan for future improvements; and to continue to provide high-quality ice for its user groups; Stevens was retained by the City to prepare an engineering study of the facility. :0-xM Sro-••••a kw. EXISTING ICE SYSTEM I. Direct, R-22, Sand Floor The goals of the study were to: evaluate the existing1111 ni 2. Indirect, R-22/E. Glycol facility, with a focus on the mechanical and ice Concrete Floor systems; and provide detailed, accurate information and recommendations that will allow the City to PROJECT COMPLETION define, budget and schedule for future improvements. November, 2010 Sustainable design practices were a strong On going Project Development consideration where possible and practical to reduce GRANT AWARD the use of fossil fuels, the production of green house Eng.Assistance: $14,000 gas emissions, and to reduce overall energy use of the facility. OWNERIiiPCity of New Hope, Minnesota The study identified 18 energy conservation practices •.. to consider along with numerous other �� I �r: REFERENCE recommendations for improvements. The - Susan Rader • recommendations were prioritized to further assist — _ -T _ Director of Parks and Rec. in planning. The study was completed under the :` 4401 Xylon Avenue North guidelines of Xcel Energy's Engineering Assistance _- _ New Hope, MN 55428 P. 763.53I.5I 52 Program providing the City with substantial funding srader@ci.new-hope.mn.us assistance. Stevens completed a $4M renovation project as a follow up to this study. 37 0-Stevens STEVENS—ICE STATEMENT OF QUALIFICATIONS Outdoor REPRESENTATIVE PROJECTS Ice Rink An outdoor ice rink has a special place in community. Today, refrigerated Facilities outdoor ice rinks are gaining popularity not only for recreational skating but organized hockey games. These facilities provide an extended playing season and a less costly alternative to constructing an enclosed ice arena facility. Exposed to the elements, the specialized design required for the ice system is key to the facilities success. ER t .�` Ti RESTONS TOWN CENTER - ICE RINK Reston, Virginia Project Scope The Reston Town Center Ice Rink is the center of an upscale downtown community. Stevens was selected to review the design of the ice system and assist with construction observation. The project was completed in the fall of P 2008. t I JOHN ROSE MINNESOTA OVAL t• Roseville, Minnesota �' Project Scope The John Rose Minnesota Oval is an 1 10,000 square foot ice skating surface that provides an outdoor 400-meter Olympic speed skating rink, international bandy rink and recreational skating. In 2005, the City of Roseville hired Stevens to design the renovation of the 800-ton refrigeration system. The 12- year-old, indirect ammonia and brine system corroded to point that it was no longer safe or efficient to operate. Stevens reviewed replacement and repairs options with the City, designed the options,and provided construction • administration for the project. t -• - 38 0-Stevens STEVENS—ICE STATEMENT OF QUALIFICATIONS Outdoor REPRESENTATIVE PROJECTS Ice Rink Facilities INDOOR/OUTDOOR SYSTEMS One of the most efficient means of serving an outdoor ice rink facility with refrigeration is by sharing capacity of another ice system,for example, an adjacent indoor system. Since 2003 Stevens has been involved in several ice rink studies or projects that have included the combination of indoor and outdoor ice sheets. Some of these projects include: Burdick Ice Arena, Devils Lake, ND (2009) Stevens worked closely with the Devils Lake Park Board to design a replacement refrigeration system that will not only serve the existing indoor ice sheet but also serve the a newly constructed outdoor ice rink floor. The project was completed 2009 with connection to be made to the outdoor rink in the near future. Waconia Arena, Waconia, MN (2007) The goal for the City of Waconia was to construct an ice arena facility that would maximize ice time for the allocated budget. This was accomplished by designing an ice system that serves both an indoor and an outdoor refrigerated ice rink floor. The refrigeration equipment, transmission mains and other infrastructure has been put into place for the outdoor ice sheet. Schwan's Super Rink Expansion, Blaine, MN (2006) After completing the design of the Schwan's Super Rink expansion, which included four indoor ice sheets, the Owners requested Stevens review their ice system design and determine the possibility of serving two more, new, outdoor ice sheets from the same refrigeration system as the four indoor sheets. After careful review, Stevens determined that this could be accomplished through careful piping and valving arrangements,without compromising the performance of the 4 indoor ice rinks. The project is in the budget phase and being considered for construction in the near future. Champlin Ice Arena, Champlin, MN (2006) Faced with a rising demand for ice time, the City of Champlin wanted to evaluate a cost effective way to provide additional ice to its user groups. A study was conducted to evaluate the feasibility of constructing an outdoor refrigerated ice sheet that could be covered at some point in the future. The study included site work,a new ice system, resurfacer and mechanical rooms, and foundations for a future building. Eden Prairie Winter Recreation Complex, Eden Prairie, MN (2005) As part of an effort to provide more ice time,as economically as possible, to the residents of the City, a study was performed to evaluate multiple options including various sizes of ice sheets for hockey, public skating and figure skating. The study provided the City with the information necessary to determine the project's feasibility. Other Projects: Prior to joining Stevens in 2003, Scott Ward was involved in the design of several other outdoor ice rink projects in Washington D.0 and Milwaukee. 39 0-Stevens STEVENS—ICE STATEMENT OF QUALIFICATIONS Waste Heat PROJECTS/ APPLICATIONS Recovery A large amount of waste heat is generated during the refrigeration process. Applications Traditionally, this waste heat has been used for melting the ice shavings in the snow melt pit and heat for the sub-floor heating systems beneath the ice rink floor accounting for 25-30%of the wasted heat. The remainder of the _ waste heat is then dissipated to the atmosphere through a condensing unit. •_ - Over the last several years Stevens has been finding new uses for the waste E. j ,R heat; designing and consulting on heat recovery systems that capture nearly " F 100%of the waste heat that is produced by the refrigeration system. F,. Applications include: 1111111 • Preheating domestic, pool and resurfacer water • Dehumidification systems • Arena heat • In-floor bleacher and floor heating • Subfloor and snow melt pit heating Proper designs of heat recovery systems are very important. An improperly designed waste heat recovery system can significantly increase operating costs by required supplement heat sources such as water or air to assist in the snow melting or sub-floor heat process. 1 For ice rinks operating year-round,an improperly designed or non- functioning sub-floor heating system can expose the ice rink floor to permafrost build-up. Frost problems can be serious and expensive leading to operational inefficiencies, poor ice quality, damage to the ice rink floor and potential damage to the facility's footings and structure. • Stevens is experienced with evaluating inadequate waste heat recovery systems and removing frost from beneath ice rink floors. Since the refrigeration system for an ice rink typically operates more during the warmer temperatures and less during colder temperatures,a sufficient amount of waste heat is not always generated when heating is required. Therefore, systems for storing the waste heat or thermal energy, such as thermal storage or geothermal systems may be desirable to maximize the benefit of the heat source. s 4 e _ - Pictures top to bottom: (I) snow melt pit heat; (2) subfloor f ; heating system beneath rink floor; (3) reheat for low temperature desiccant wheel; (4) Frost removal process if subfloor heating system is not working properly. fps* 40 0-Stevens STEVENS—ICE STATEMENT OF QUALIFICATIONS PROJECTS/ APPLICATIONS Geothermal Stevens has been integrally involved in designing and evaluating the feasibility of Application' applying geothermal heating and cooling princi als and technologies that have traditional been used in commercial and residential buildings to ice rinks. In addition to the Burnsville Ice Center and Brooklyn Park Activity Center projects, Stevens has been involved in the following geothermal projects: National Sports Center— MAPLE GROVE ICE ARENA EXPANSION Schwan's Super Rink Maple Grove, Minnesota ENERGY STUDY Project Scope After completing the original design for a conventional refrigeration system, the In 1999 Scott Ward local energy company encouraged the City through financial incentives to look completed his masters into geothermal applications and LEED certification for the ice arena addition. degree thesis in Mechanical Engineering on the study. Stevens designed a geothermal system that would not compromise the quality Scott was involved in the and performance of the ice sheet. original ice system analysis of this project that included the consideration of optional systems: SHATTUCK ST. MARY'S SCHOOL Faribault, Minnesota • conventional electric • Hybrid electric/gas • Thermal storage Project Scope • Geothermal Shattuck St. Mary's School has a rich tradition of hockey excellence producing multiple national championships in both boys prep and girls Tier I U 19 hockey. A quality ice sheet is extremely important in developing and recruiting talent. • So when the geothermal ice system in their new ice arena was not performing up to standards, Shattuck St. Mary's hired Stevens to evaluate the system and +• recommend modifications and repairs. • - �.' '11.1..11 • .16 The geothermal ice system was started up in the fall of 2005 and has been 11, experiencing problems ever since. Some of the problems with the system r _ include rock in the sand material, low or misplaced rink piping, settling of the r {, rink floor, poor ice quality, inadequate capacity along edges of rink floor, high head pressures on compressor related to sizing of the geothermal earth loop and inadequate dehumidification. Stevens provided its report to the Owner with implementation of recommendations to start taking place in the summer of 2008. 1[1_ i • 6.0 141 '-- 0-Stevens STEVENS—ICE STATEMENT OF QUALIFICATIONS PROJECTS/ APPLICATIONS Construction Phase Services The ice system (refrigeration equipment, ice rink floor and dasher board system) is the most important system in an ice arena facility. Proper installation of these systems plays a significant role in the economic and social success of the facility. Experienced ice arena specialists provide a higher level of confidence that the installation has been done right and the final product has been constructed as the design intended. For example, during the construction of the ice rink floor, as little as I-inch variation in the placement of the ice rink piping can noticeable affect the quality of the ice and cost of operation. Our presence during construction will provide a greater degree of confidence that the client receives the efficient building and ice system that they expect. The main services we provide include: • Contract Administration: These services include reviewing shop drawings to assure materials are in compliance with drawings and specifications; reviewing and processing pay requests and change orders; and documenting the project's progress. We use standard, industry proven and accepted forms developed by the Engineers Joint Contract Documents Committee (EJCDC)for documenting project activities during construction. This assures thorough and uniform documentation and clear communication throughout the construction of the project. • Pre-construction Conference: A meeting prior to construction plays an important role in assuring everyone involved in the project understands the details of the project. Items typically discussed include: the project requirements, expectations, communication, schedule,testing procedures, submittals, inspections and payment estimates procedures. • Site Observation: We work closely with our clients to provide the level of site observation they are comfortable with and that is necessary to assure the systems are installed as designed. There are typically 8-10 critical times during the construction of a typical ice system that the contractor's installation procedures and practices should be observed closely. • Start-up: We are on-site during the start-up of the system to document and witness the operation the equipment. Any variations in our design are noted and addressed. • Final Walk Through: We perform a final walk through on all projects with the Owner. After the walk through we create a list of unfinished items that need to be corrected by the contractor before final payment can be issued. • Follow-up: We stay in close contact with our clients after the project is in operation to follow up on any concerns they might have and to listen to their comments on the system, its design and its operation. 42 0-Stevens STEVENS—ICE STATEMENT OF QUAL/F/CAT/ONS REFERENCES "Your firm did an excellent job We take pride in serving our clients' needs. The success of a project is not only measured by its function, value, and cost-effectiveness; but through our client's designing and overseeing the satisfaction. We strive to be a partner in your project. We encourage to you construction of our project. to call our references. We were provided timely and accurate information and If there are projects listed in our SOQ that do not have references listed, please personable,prompt service." feel free to call us for additional reference information. Terry Allen, 2004 Mr. Dan Russell —Executive Director Mr. Paul Ostoff— Facility Manger Duluth Entertainment and Convention Ctr All Seasons Arena Parks and Rec. Director 350 Harbor Drive 1251 Monks Ave. City of East Bethel, MN Duluth, MN 55082 Mankato, Minnesota 56001 Office: 218.722.5573 Office: 507.387.6552 Email: drussell@decc.org "The ice rink renovation Mr. Rich Czech—Facility Manager project is the largest project Mr. Michael O'Hearn - President Elk River Ice Arena that I can remember that the Coyotes Ice, LLC 1000 School Street City of Edina passed on the 9375 East Bell Road Elk River, MN Scottsdale,Arizona 85260 Office: 763.635.1 141 Consent agenda. Your Office: 480.473.5835 services and presentation to Email: mohearn@coyotesice.com Mr. Paul Sticha—Facilities Manager the Council were very helpful City of Eden Prairie in making this happen." Mr. Pete Carlson— Facility Manager 8080 Mitchell Road National Sports Center Schwan's Super Rink Eden Prairie, MN 55344-4485 John Keprios, 2009 1850 105`h Avenue NE City Hall: 952.949.8300 Blaine, MN 55449-4500 Parks and Recreation Director Office: 763.717.3881 Mr. Grant Mjelde—Facilities Mngr. City of Edina, MN Lake County Mr.Andy Baltgalvis—Facility Manager Lake County Courthouse Bloomington Ice Gardens 601 Third Avenue 3600 W 98`h Street Two Harbors, MN 55616 Bloomington, MN 55431 Office 218.834.8447 Office: 952.563.8841 Mr. Michael Sheggeby Mr. Brad Martinson— Facility Manager Operations Manager "Stevens' expertise in the Tartan Ice Arena University of Notre Dame field made the project 740 Greenway Avenue N. Compton Family Ice Arena operate smoothly. Stevens Oakdale, MN 55128 Notre Dame, IN 46556 guided us in the right Mobile: 651.248.9627 Office: 574.63I.I 169 Cell: 574.208.2737 direction which will save us Mr. Barry Warren— Facility Manager Email: Michael.H.Sheggeby.1@nd.edu trouble and money in the Moorhead Sports Center future" 324 24`h St. South, Mr. Lonnie Brokke Moorhead, MN 56560 Parks and Rec. Director Rich Czech, 2005 Office: 218.299.5354 City of Roseville 2660 Civic Center Drive Facility Manager Mr. Dennis Feller— Finance Director Roseville, MN 55113-1815 Elk River Ice Arena City of Lakeville City Hall: 651.490.2200 City of Elk River, MN 20195 Holyoke Avenue Lakeville, MN 55044-9177 Mr. Terry Wallace City Hall: 952.985.4481 Superintendent of Parks& Recreation dfeller@ci.lakeville.mn.us PO Box 446 Devils Lake, ND 58301 Office: 701.662.8243 twallacedlpb@gondtc.com 43 OStevens STEVENS—ICE STATEMENT OF QUALIFICATIONS Mr. Terry Schultz Mr.John Keprios Director of Parks, Rec & Natural Resources Parks and Recreation Director City of Burnsville - Burnsville Ice Center City of Edina— Braemar Arena 100 Civic Center Parkway 4801 West 50`h Street Burnsville, MN 55337 Edina, MN 55424-1394 Office: 952.895.4505 Office: 952.826.0430 Email: terry.schultz@ci.burnsville.mn.us Email:jkeprios@ci.edina.mn.us Mr. Phil Fieber Mr. David Lansang Director of Parks, Rec & Forestry Director— Parks and Recreation Hobbs Municipal Arena Rock Springs Family Recreation Ctr 1300 First Avenue 3900 Sweetwater Drive Eau Claire, WI 54703-5287 Rock Springs, WY 82901 Office: 715.839.5032 Office: 307.352.1440 Email: Phil.fieber@ci.eau-claire.wi.us Email: Dave_Lansang@rswy.net Mr. Steve Lawrence—Superintendant Mr. Roland Flynn Operation and Maintenance Building Maintenance Supervisor Brooklyn Park Activity Center Rock Springs Family Recreation Ctr 8300 Noble Avenue North 3900 Sweetwater Drive Brooklyn Park, MN 55443 Rock Springs,WY 82901 Office: 763.493.8028 Office: 307.352.1440 Email: Roland_Flynn@rswy.net Mr. Frank Weber—Facility Manager Maple Grove Community Center Mr. Kevin Dalager, LEED AP 12591 Weaver Lake Road Project Manager Maple Grove, MN 55369 Mortenson Construction Office: 763.494.6465 RE: DECC Project 2010 Email: fweber@ci.maple-grove.mn.us Office: 218.727.1089 Cell: 612.287.5457 Mr.Vinnie Hennen—Facility Manager Email: Kevin.Dalager@mortenson.com Runestone Community Center 704 Broadway Street Mr. David Nordstrom Alexandria, MN 56308 Manager, Building Operations Office: 320.763.4466 John J. Macinnes Student Ice Arena Email: arcc@rea-alp.com Michigan Technological University 142 SDC Building 1400 Townsend Dr Mr.John Kessler Houghton, Michigan 4993 1-1 295 Construction Project Administration Office: 906.487.2578 University of Minnesota Email: dpnordst@mtu.edu 280 Lund Building—223 W. College St Duluth, MN 55812 Office: 218.726.8620 Email: jkessler@d.umn.edu Mr. Michael Ross—Chief Executive Officer Pasadena Operating Center 300 E. Green Street Pasadena, CA 91 101 Office: 626.793.2122 Email: mross@pasadenacenter.com Additional references available upon request. 44 OStevens I. ‘II. 11/1111111111111111111 . .7,....-.--- .__, PIP '.....'"...'''''''''..'"..'''.ar.I 011111111111101 • iii I I _w__ _ A, . . . . _____ . 17-• PC _.,.. :-- . .. ,_ p •...1. I ti 1 i irt. _ 0. _:/: 1 .Ali_ .- I' '3 It i 1 IP pei _ II 0BERrl Stevens 22 I I O'Neil Road Hudson, WI 54016 P. 800.822.7670 www.stevensengineers.com CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar November 20, 2012 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.F. Paul Sticha, Administration, Construction Manager for Rink 2 Facilities Conversion Requested Action Move to: Authorize the Mayor and City Manager to enter into a professional services agreement with Arena Solutions to perform Construction Management Services for the Rink 2 Conversion project. Synopsis • Staff interviewed two Construction Management firms, RJM Construction and Arena Solutions. • Both firms submitted proposals with essentially identical fees for Construction Management and Commissioning. Based on cost estimates for construction, the fee is estimated at $75,000 to $80,000. Background • RJM Construction was the Construction Manager for our Community Center Expansion in 2007/2008. Arena Solutions was formed by three engineers from McKinstry that managed all three Phases of our 20/40/15 program, as well as recent rink conversions similar to ours in Brooklyn Park and New Hope. • Both firms have worked extensively with Stevens Engineers, our recommended Design and Engineering Consultant for the Rink 2 conversion. • RJM Construction is more experienced in building construction and Arena Solutions is more experienced in HVAC and Refrigeration systems, energy saving enhancement projects and commissioning. Since our Rink 2 conversion is virtually all mechanical work and energy enhancement, and no building construction, staff recommends that Arena Solutions be selected. Attachments • Construction Management Proposal from Arena Solutions • Statement of Qualifications from Arena Solutions • Construction Management Outline Arena Solutions, Inc. PROPOSAL - Construction Management Services 13055 Riverdale Drive NW Suite 500-211 Coon Rapids, MN 55448 Phone: 612-581-0219 Email: Markr@arenasolutions.us Arena Solutions, Inc. is pleased to submit this proposal for construction management services for the City of Eden Prairie's Ice Arena Improvements Project. General Project Description The project will upgrade the existing ammonia refrigeration system to allow the addition of one R-22 rink to this refrigeration system. The refrigeration work shall include the addition of a compressor, upgrade of controls, and the addition of heat recovery equipment. The project will also include the replace one rink floor with a new concrete rink and subfloor heating system. Scope of Services - Construction Management Services during Preconstruction Phases: 0o Construction Manager shall prepare and update preliminary construction cost estimates appropriate for the current project phase. Such estimates shall be provided for the Client's review and approval prior to the commencement of each succeeding Preconstruction Phase. Bidding and Selection of Contractors: 0o Construction Manager shall work with Stevens Engineering (the Engineer/Architect) and shall submit a list of prospective bidders and a bidding schedule for the Client's review and approval. 0o The Construction Manager shall assist the Client in issuing bidding documents to bidders and conduct pre-bid conferences with prospective bidders. 0o The Construction Manager shall assist the Client with the receipt of questions from bidders and issuance of addenda. 0o The Construction Manager shall receive bids, prepare bid analyses and make recommendations to the Client for the Client's award of contracts. 1 0o The Construction Manager shall advise the Owner on the division of the Project into separate contracts as required by the Scope of Work. 00 The Construction Manager shall make recommendations to the Client regarding the allocation of responsibilities for project conditions among the Contractors. Services during Construction Phase Construction Schedule 00 The project is anticipated to start construction activities March of 2013 with the system back on line by October 1, 2013 such that ice is usable for use. 0o The Construction Manager shall prepare and update a project construction schedule providing for each scope of work, including phasing of construction, times for commencement and completion required of each separate contractor, ordering and delivery of materials requiring long lead time. Project Management 00 The Construction Manager shall provide administrative, management and related services to endeavor to coordinate the activities of the Contractors with each other and with those of the Client and the Engineer/Architect to complete the project in accordance with the project cost and schedule requirements. 00 The Construction Manager shall schedule and conduct preconstruction, construction and progress meetings with the Client and the Contractors to discuss such matters as procedures, progress and scheduling. The Construction Manager shall prepare and promptly distribute meeting minutes to the Client and Contractors. Construction Cost Management 00 The Construction Manager shall monitor the approved estimate of Construction Cost. The Construction Manager shall show actual costs for activities in progress and estimates for uncompleted tasks. Reports and Document Administration 0o The Construction Manager shall record the progress of the Project with written progress reports to the Client, including information on each Contractors work, showing percentages of completion. 2 0o The Construction Manager shall maintain on a current basis: one record copy of all Contracts, Drawings, Specifications, addenda, Change Orders and other modifications, in good order and marked to record all changes made during construction; Shop Drawings; Product Data; Samples; submittals; purchases; other related documents and revisions that arise out of the Contracts or work. Scope of Services - Design Assistance 0o Construction Manager shall work with Stevens Engineering to include: o Maximize heat recovery technologies o Incorporate head float technologies o Incorporate advanced control sequences for the ammonia refrigeration system. o Investigate all rinks demand control ventilation sequences. 0o Construction Manager shall work with the Engineer to come up with concept to be used for sizing footings for a future dry land training area that will be incorporated into the new floor design. 0o Construction Manager shall provide an estimate of the energy savings resulting from the project including the added heat recovery equipment and controls upgrades. Changes to the City's carbon footprint will also be provided. 0o Construction Managers shall work with utilities for the purpose of obtaining rebates for work. Anticipated rebates for this project would include the following: o Premium efficient motors o VFD's o Custom Refrigeration Controls (preapproval required) o Custom Heat Recovery (preapproval required) Scope of Services - Commissioning 0o Construction Manager shall provide commissioning for the above referenced project. The commissioning shall include review of the design during the conceptual phase and at 80% completion of the design documents to ensure the quality of the design. 3 0o The Construction Manager shall commission the project as work progresses with the commissioning agent working with the contractor to ensure that the project meets the construction document requirements. 0o The commissioning shall include "tuning" of the system including the energy savings upgrades to maximize energy savings from the system. 0o The commissioning process shall include training of staff on the new systems as these systems are "tuned". This training is in addition to training provided by contractors. 0o The Construction Manager shall record and provide a report documenting items identified and modified during the commission process. Anticipated Enhanced Design Benefits The additional heat recovery equipment, refrigeration modifications, and controls modifications are anticipated to reduce both gas and electric use in the facility. Anticipated savings are expected to be approximately$30,000 per year in gas and $25,000 per year in electric. Compensation Compensation for Construction Management Services shall be compensated for Construction Management Services as described below. Compensation for Construction Management Services A fee equal to the following: Three percent (3.0 %) for construction management services and, two percent (2.0%) for commissioning and design assistance, of the Client's direct cost for contactor construction activates on the above referenced project shall be paid to the Construction Manager as compensation for the services described above. The anticipated construction costs for the above referenced project are $1,500,000, which would represent fees for construction management services as outlined above of$75,000. All reimbursable expenses shall be paid based on the actual expense and are in addition to the fee for construction management services. Reimbursable shall include; costs listed in Section 11.6.1 of the general conditions. Reimbursable expenses are estimated to not exceed $5,000 for this project. 4 Attachments: CM Agreement Please review the documents and contact me with any questions. We look forward to working with you on this project. Arena Facility Solutions Mark Rasmussen, P.E. 5 illil?NA [ L[J'1'j11N , INCi Education Greg is a founding partner of Arena Solutions, Inc. Moorhead State University, He brings a tremendous amount of experience and . Moorhead, MN expertise with him from his 18 years of experience in Bachelor of Science, Energy the industry. Greg started his career In the Seattle Management marketplace working for Siemens and was able to Minor in Biology enjoy working and learning from some of the best 1994 and brightest for 8 years. In Seattle Greg focused on selling energy efficiency projects,temperature control Specific Qualifications systems,and fire alarm systems. SustaPerformance-Based In 2002, Greg and his wife wanted to move back closer to home so he left Performance-Based ContractingSiemens to move to Johnson Controls In Wisconsin. There Greg headed up Project Developmentsales and marketing for the Madison Wisconsin office of Johnson Controls. He Energy and Resource again focused on energy efficiency projects as well as temperature controls and Conservation fire alarm systems. Energy Master Planning In 2005 an opening appeared in the Siemens Twin Cities branch. Greg and his innovative Financing FMCS System Evaluation wife decided it was time to move back to MN and be even closer to family, so Demand Side Management Greg joined the Siemens sales team and again led their sales and marketing Programs efforts. Greg focused on energy efficiency projects as well as temperature Supply Side Management control projects during his time with Siemens in MN. Programs Ukility Rebates In 2007 Greg got a call from some of his old oo-workers from the Seattle Directed Engineering Studies marketplace. They had started an energy efficiency business within McKinstry Facility Auditing and they wanted Greg to open their office In MN. Greg leapt at the opportunity and grew that business from nothing to a $14 Million annual business with 18 Length of Tenure employees within 5 years. Greg has worked in the In 2012 Greg's entrepreneurial spirit became restless and he formed Arena industry since 1994. Solutions with a partner in order to more effectively focus on the ice arena and K-12 markets. Work History Arena Solutions. MN - Over the years his expertise has supported many municipalities, colleges, 6/2012 - Present universities, schools, and hospital customers by leveraging hard-cost annual utility and operational savings in desperately needed facility upgrades. Greg is McKinstry, MN - 2/2007 - motivated to provide clients with innovative solutions focused on reducing their 6/2012 utility and operational costs through various energy services offerings. Siemens Building Project Experience Technologies, MN - 8/2005 2/2007 Ufrlvcrsity of MN Morris city of Erten Prairie - At the Univ of MN Morris Greg developed an At the City of Eden Prairie Greg led three energy master plan which resulted in a sell different projects for the City. These projects Johnson Controls,WI - funding project which will make UMM the first have helped the City to achieve their 5/2002 - 8/2005 carbon net negative university in the Nation. 20/40/15 initiative. City-of WjNna My of Brooklyn Park Siemens Building At the City of Winona Greg led the effort to Greg led the project with the City of Brooklyn Technologies,WA - 5/1994 establish a carbon footprint conduct an energy Park Which resulted In over$6 Million of - 5/2002 audit,and Identify a self funding project that energy efficiency improvements, This project reduced their electricity consumption by 119r% also pioneered a new way to construct and and their natural gas consumption by over operate ice arenas- This hes resulted In the 20%, City of Brooklyn Park having the most energy efficiency ice arena In the notion. ljnlverel Qf lywa city of Ngwjlgpe Greg performed a chilled water study for the t! Building on the lessons that were learned at of Iowa and a relra-commissioning study for the City of Brooklyn Park,Greg led the effort to !heir Pharmacy building, As a result over remodel the City of New Hope's Ice Arena. $250,000 In Improvement opportunities with This resulted in almost$4.5 Million of energy a payback of less than 3 years was identified. efficiency improvements and tremendous energy and operational savings for the City. Arena Solutions, Inci Mark Rasmussen, P.E., LEED AP Education Mark is a founding partner of Arena Solutions, Inc. He University of MN, Minneapolis brings a tremendous amount of experience and Bachelor of Science, expertise with him from his 26 years of experience in the Business Management industry. Mark started his working in construction to pay Bachelor of Science, for collage starting in 1986 doing work including roofing, --• Geological Engineering landscaping, concrete,and excavation. - In 993, Mark made the decision to go back to school to `II • Specific Qualifications ,l it Planning obtain an engineering degree. Mark did regulatory work t with the MN DNR while in college and then obtained a e +` Performance Based job for Bonnestroo and Associates in 1995 as a civil engineer. Contracting Project Development Project Design While at Bonnestroo and Associates Mark worked on hydraulics and specialized Project Management in municipal water systems, and water treatment facilities. This gave Mark the Energy and Resource consultants perspective and exposure to a wide range of construction design Conservation and modeling techniques as well es a solid foundation in plan and specification Energy Master Planning development, EMCS System Evaluation Demand Side Management in 1999 Mark was contacted by NewMech, a local mechanical contractor which Programs had worked on one of Mark's water treatment projects. Mark was offered a Supply Side Management position of managing a $40 million dollar powerhouse project. Mark accepted Programs the position seeing it as an opportunity of further personal development. For Utility Rebates the next three years Mark proved to be NewMech most productive construction Directed Engineering Studies manager running most of NewMech's large general construction projects and Facility Auditing getting a reputation of being able to tackle the most ugly projects. Length of Tenure In 2003 NewMech engineering department was known as the worst in the Gregindustry. Mark was asked to run the department and so for the next three years has worked In the hetry since worked on Improving the quality and quantity of work the department put out. It induthose three years Newmech saw a 200%increase in productivity. Mark brought the engineering department from the laughing stock to the envy of the industry Work History by producing some of the most innovative designs and using cutting edge Arena Solutions, MN - technology including 3D drafting and computer aided design. 6/2012 - Present In 2006 Mark realized that NewMech's key customers that provided the MoKinstry, MN -2009 -- majority of the design work were changing politically. With concern over keeping 6/2012 the department busy Mark looked into ways of maintaining the workload for his department. Mark looked to selling work through offering high performing NewMech, MN - 1999 - buildings using cost effective green technologies. He was successful in selling 2009 work in volumes exceeding previous work loads. This lead to the creation of a new business unit. Bonestroo, MN - 1995- 1999 In 2006 the new business unit was created to sell energy projects with guarantees. Mark was the Vice President of this business unit and within two MN DNR, MN - 1993 - years the business was starting to make a profit and had solidly placed 1995 NewMech in the hospital/healthcare industry successfully selling an completing several million dollars of highly innovative work. As it turned out transfer of Trades work, MN - 1986 - ownership resulted In corporate instability which Mark did not view as a positive 1993 working environment. Mark moved to McKlnsty in 2008 where he quickly became one of the companies best construction management and development people, Marks innovative approach consistently produce high quality projects and satisfied customers. Mark also piloted a high performance design of ice arenas that is proving to be a profitable niche in a growing market. Over Mark's carrier his expertise has resulted in numerous highly innovative and successful projects for many customers by finding superior solutions that result in high quality projects. Arena Solutions, Inc. Mark Rasmussen, P.E., LEER AP Protect Experlonce Retro-Commissioning Energy Efficiency Studies Xcel Energy Center Aveda - Industrial Process Ridgeview Medical Clinics Northwestern College - CW Wellington Apartments Northwestern College - Heating NewMech Companies Ridgeview Medical Center- CW Sebes Jewish Community Center US Postal Service - Ventilation Edina Realty VOA retirement home - Cooling Sys Carpenters Training Ctr. Ridley- industrial Process University of MN Parking Garage Aveda At the east river road parking garage The industrial facility was in need of an innovative use of naturally additional waste effluent capacity. occurring geothermal heat was used The existing lift station was to condition a space where seasonal abandoned and a gravity system was freeze/thaw cycles were resulting in installed. Operations were not boulders falling onto the parking interrupted and the results were the area. The project resulted in the elimination of pumps and chemical avoidance of a $1.5 million dollar treatment of the waste stream. steam heating system. SSebes_Jewish.Com munity.Center Ridgeview Hospice An aging HVAC system was replaced The customer was unable to select a with a new high efficient HVAC HVAC system for a new hospice system. Work included condensing center. Several options were boiler plant, high efficient chiller reviewed keeping in mind the goal of plant,demand controlled ventilation, providing a "home like"atmosphere and numerous control modifications at a low cost. A geothermal system resulting In improved indoor air was designed that resulted in very quality and lower energy use. low operating costs while maintaining the"home~ like"atmosphere. Brooklyn Park CAC lee_Arena New Hope Ice Arena The City needed the two sheet ice The City had a failing ice arena but arena rebuilt. An Innovate design did not have funds to make any created a geothermal system using improvements. A high efficient the City water main to provide system was used to create cooling(and heating).The$6.3 leveragable savings allowing the City million dollar project allowed the City to complete the $4.2 million dollar of complete the project with only a project for a $500,000 investment. $2 million dollar investment. Arena Solutions, Inc. PROPOSAL-Itemized List of Service and Benefits List of Standard Documents required for CM services Project Schedule Created at job start and updated weekly or for progress meetings. Schedule of Values Created at start of job and should match subcontractors schedules. Bidders List _ Create a list of the active bidders for the project. Bid Tabulation Create a list of the bids received for each package. Cost Updates Provided at job start and updated as project progresses. This should include the original contact values,change orders and potential costs of unresolved issues. Recommendation For the project recommend award to each of the best subcontractors. Staffing Plan Manpower plan by subcontractor matching the project schedule. Progress Meeting Notes Meeting Minutes with action items and information. Testing Schedule Create list of tests required and expected date for the tests. Assist Owner/Engineer in selection of testing contractor Record Drawings Keep redline set of drawings to be used by Engineer for creating final record drawings. Safety Plan Create and maintain plan and safety documents. Change Orders Review and process as required change order requests from subcontractors. Request For Information Process and document requests for information. Project Submittal List Create list of submittals required for the project. Certificate of Substantial Completion Create and process this form at the end of the project. _ Bonds&Insurance Assemble and forward to Owner for all subcontractors. Billings Assemble and forward to Owner all pay requests including lien waivers,certified payroll,IC- 134's,etc. List of Standard Services provided for standard CM project Design Review Review design documents looking for errors or opportunities to reduce costs. Sub participation is included on this review. _ Schedule Testing Contact testing company to notify them when tests will be required. Billing Review Review sub pay requests and submit package to the Owner. Shop Drawings Review Review shop drawings to ensure quality of work. Keep a hard copy set with relines. Additional Services Add'I Design Review-preconstruction Check engineer sizing and configuration,work to optimize heat recovery,optimize refrigeration system design,create enhanced control sequences for refrigeration, investigate rink ventilation and look for way to reduce load and energy use. Modify desing as needed for future dryland training area. Add'I Design Review-construction Enhanced shop drawings review"ask the question,is this right regardless of what spec says". Rebates Identify and process rebates for the project. Commissioning-construction Verify at several key points that work is correct and meets or exceeds spec. Commissioning-controls Check out controls including sequences and appearance to verify correctness. Commissioning-system Once everything is working work with the system to maximize energy savings by fine tuning set points and sequences. Train Owner personnel through this process(additional to controls training). Benefits Refrigeration system Optimization Typical Savings are 25%of the existing energy use. For two rinks we would expect the and Controls Upgrades savings to be about$25,000(250,000 kwh of electricity)per year. Heat Recovery and Ventilation Typical Savings for the scope of work would be$30,000(46,000 therms of gas)per year for Upgrades improved schedules,heat recovery,and demand control ventilation upgrades. Total Anticipated costs including $305,000 for a total payback on the enhanced services of 5.5 years. This is equivalent to Additional Services for enhanced approximately 419 metric tons of carbon eliminated per year. system. ITY COUNCIL AGENDA DATE: SECTION: Consent Agenda November 20, 2012 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.G. Sue Kotchevar, Office of the Approve Purchasing Policy City Manager Requested Action Move to: Approve the updated City of Eden Prairie Purchasing Policy. Synopsis The City's Purchasing Policy was last updated in 2008. The 2012 version includes the following updates and additions: • Updated dollar amount thresholds to reflect current bid and purch asing law. Quick reference tables outlining thresholds. • Updated Cooperative Purchasing Procedures information. • Updated Change Order information. • Updated Lease and Lease Purchase information. • Updated Ethics and Acceptance of Gifts information. • A new Public Purpose Expenditures section. • A new Disposition of Surplus Assets section, including information about dollar thresholds, government to government asset transfers, trade-ins, and restrictions. • New Appendices A through M, containing blank c ontract templates for most standard City contract needs. Attachments Policy Purchasing Policy November 2012 City of Eden Prepared by the Finance Division Prairie, Minnesota Table of Contents City of Eden Prairie Purchasing Procedures 4 General Purchasing Procedures 4 Quick Reference Chart- Procurement Methods 6 Quick Reference Chart- City Contracts 7 Construction, Contract Services, and Purchase (Goods) Contracts 9 Less than $50.00 9 $50 to $25,000 9 $25,000 to $100,000 9 Greater than $100,000 9 Over $100,000 with labor- Performance and Payment Bond 10 Awarding Contracts 10 "Best Value" Procurement Alternative 10 Cooperative Purchasing Procedures 10 Change Orders 11 Other Bidding Requirements 12 Purchase or Lease of Used Public Safety Equipment 12 Leases and Lease Purchases 12 Real Estate 12 Online Purchases 12 Withholding Certificates 13 Ethics and Acceptance of Gifts 13 Public Purpose Expenditures 13 Professional Service & Consultant Contracts 15 Request for Proposal (RFP) 15 Standard Professional Services Agreement 15 Disposition of Surplus Assets 16 1. Disposal Approval 16 2. Sale Approval 16 3. Proper Municipal Sale Contract 16 Assets under$25,000 16 Assets between $25,000 - $100,000 16 Assets over $100,000 16 Government to Government Sales 17 Trade-ins 17 Electronic Sales 17 Restrictions 17 Appendix A A-1 Form of Contract A-1 Appendix B B-1 Standard Construction Contract B-1 Appendix C C-1 Standard Agreement for Contracted Services C-1 Appendix D D-1 Standard Contract for Goods and Services D-1 Appendix E E-1 Standard Agreement for Professional Services E-1 Appendix F F-1 Performance Bond F-1 Appendix G G-1 Payment Bond G-1 Appendix H H-1 Human Services Agreement (PROP) H-1 Appendix I I-1 Human Services Subrecipient Agreement CAPSH I-1 Appendix J J-1 Entertainment Services Contract Cover J-1 Appendix K K-1 Entertainment Services Addendum A- General Provisions K-1 Appendix L L-1 Entertainment Services Addendum B - Entertainment Provisions L-1 Appendix M M-1 Entertainment Services Addendum C - Insurance M-1 City of Eden Prairie Purchasing Procedures Effective October 2012 These purchasing procedures are intended to provide a consistent manner of purchasing goods and services Citywide. Employees should secure the best balance between quantity, quality, and price when purchasing for the City. General Purchasing Procedures • The City of Eden Prairie has a "decentralized" purchasing program; purchasing is the responsibility of each Department Director. • The Finance Division processes payments once a week and invoices are paid by due date. Using the Citywide accounts payable document imaging system, all steps of the invoice approval process, including the final procedure of "process for payment," must be completed by noon on Thursday to ensure payment by Friday if the invoice is due. • Payments will be made only from invoices, check request forms, or mileage reimbursement forms. Invoices should be sent directly from the vendor to accounts payable to be scanned into the accounts payable document imaging system. • Persons authorizing payments are responsible for verifying that goods and services have been received, that they are necessary, and that no duplicate payments are made. • Persons authorizing payments are responsible for coding invoices and ensuring that correct account codes are used. If there are questions regarding coding, contact Finance. • All contracts to which the City is a party shall be signed by the Mayor and the City Manager on behalf of the City and shall be executed in the name of the City, except contracts that do not exceed $20,000 may be signed by the City Manager or a Department head specifically designated by the City Manager. • Generally accepted accounting principles will be followed. For the end of each year, invoices that are received early the next year which are for goods or services received the previous year will usually be charged against the previous year. The year to which an invoice will be charged is based on the financial statement/audit cut-off date and the materiality of the item. If you have any questions about this, please contact a member of the finance team. • Employees will not make any purchases for personal use through the City. • Purchases required by emergencies that impair the City's ability to deliver services are outside the scope of this policy and are handled as appropriate in the circumstances. Page 1 4 • The City has a purchasing card program available for employees who frequently purchase items for the City. A separate Purchasing Card Program manual and process is available. • Travel purchases should be made following the City's Travel Policy. Page 1 5 Below is a quick reference chart for procurement methods according to dollar amount: Quick Reference Chart - Procurement Methods Value of Construction,Contracted Services, Professional or Consultant Purchase Goods&Services Contracts Services Contracts Less than$50 No quote needed No quote needed $50-$25,000 Open Market or Open Market Direct Negotiation (at least 2 quotes) 1 $25,000-$100,000 Sealed Bids or Direct Negotiation (at least 2 quotes) 1 Open Market or RFPs 2 RFPs(Best Value optional),or Cooperative Purchasing Contracts that comply with bidding process(if applicable) Over$100,000 Sealed Bids or RFPs 2 Cooperative Purchasing Contracts that comply with bidding process(if applicable) 3 1 Quotes must be kept on file for at least one year 2 Use City's"Professional Services Agreement(Contract)"--See Appendix E 3 Contracts over$100,000 that include labor require a performance and payment bond--See Appendices F&G Page 6 Below is a quick reference chart of City Contracts, when applicable: Quick Reference Chart- City Contracts Contract Contract Type of Service to be Used Location Large Construction Projects(Public Works/Engineering/Parks) Existing Form of Appendix A ° Examples: Road, Utility,or Building Construction Contract and Related and website 2 All Other Construction Projects(Other Depts) Standard Appendix B o Examples: Building Alterations;Store Remodel Construction Contract Services and Annual Services(more extensive) Standard Appendix C Examples: Furnace Installation, Painting, Lawn Mowing, Agreement for oo Contracted Svcs a -a Services less than$5,000 and/or Goods(minor, basic) Std Contract Appendix D c c O 03 Examples: Equipment,Supplies,these are simple services and goods-if for Goods and there are complicating factors, use Appendix C Services Professional Services Std Agreement Appendix E cExamples:Auditors, Lawyers,Architects Training for Professional c° Services c Performance Bond Performance Appendix F c o Bond m U E a o Payment Bond Payment Appendix G t Bond ✓ o Human Services-General Fund Agreements Human Services Appendix H Example: PROP Agreement CO u PROP E = N Human Services Subrecipient Agreement-CDBG Human Services Appendix I Example: CAPSH Subrecipient AgrmtCAPSH Entertainment Services Contract Cover Entertainment Appendix J Used for all entertinment contracts Services Contract Cover Entertainment Services Addedum A-General Provisions Entertainment Appendix K ,, Used for all entertinment contracts Addendum A- c Gen. Provisions t' o Entertainment Services Addedum B-Entertainment Provisions Entertainment Appendix L 492• " Used for music,entertainers,animal rides or petting zoos,interactive Addendum B- w (inflatables,climbing wall) Ent. Provisions Entertainment Services Addedum C-Insurance Entertainment Appendix M Used for animal rides or petting zoos,fireworks, interactive(inflatables, Addendum C- climbing wall),sports programs Insurance Page 7 These are general guidelines. Manager discretion and case-by-case consideration may be needed. If you are unsure of which contract to use, ask your department head to contact the City Attorney. Please do not use the consultant letter as an exhibit in any contract. Scope of service may be pulled out of a consultant letter and used in the contract, but the consultant letter itself may contain legal wording and should not be used. A City contract with the City's wording and legal requirements should always be used. Page 1 8 Construction, Contract Services, and Purchase (Goods) Contracts Supplies, Materials, Equipment or Equipment Rental, and Construction, Alteration, or Repair & Maintenance of Property This section pertains to the purchase of supplies, materials, equipment or the rental thereof, or the construction, alteration, repair or maintenance of real or personal property. For professional services including but not limited to audit services, legal services, and engineering services, see the Professional Services section of this document. Contracts for these items can be found in Appendices A through E of this document. Depending on the amount of the purchase, the following procedures will be followed: Less than $50.00 Petty cash or a purchasing card should be used. For petty cash purchases, return the sales slip with account codes, authorizing signature, and reason for the purchase to Finance. For purchasing card purchases, follow the City's purchasing card procedure. $50 to $25,000 Purchases may be obtained through open market or direct negotiation, with two quotations obtained whenever possible. Quotations must be kept on file for at least one year. $25,000 to $100,000 Purchases may be obtained through sealed bids, cooperative purchasing contracts, or direct negotiation, with two quotations obtained whenever possible. Quotations must be kept on file for at least one year. Cooperative purchasing contracts should be considered for contracts over $25,000 and may be used in lieu of sealed bids or quotes. Greater than $100,000 Sealed bids solicited by public notice are required. Contracts must be awarded to the lowest responsible bidder. Obtain authorization from the City Council to prepare plans and specifications. The City Attorney must review the plans and specifications including the contract prior to advertisement for bids. Cooperative Purchasing Contracts should be considered for contracts over $25,000 and may be used in lieu of sealed bids. Advertisement for sealed bids must be published in the City's Official Newspaper at least ten days before the last date for submission of bids. The published notice must contain the following: • A description of the project or the purchase • The availability of specifications including the location, for example, Office of the City Clerk, etc. • The last day for submission of bids and the place where they are due Page 1 9 • The time and place for opening bids • A statement reserving the right of the City to reject all bids The bids must be opened and tabulated at the time and place specified in the newspaper. Preferably this should be completed about 10 working days in advance of the City Council meeting to allow for a thorough review and retabulation of the bids and to allow for reference checks as appropriate. A recommendation can then be made to the City Council and the City Council will award or deny the contract. Bids rejected by council must be kept on file for 6 years. For Engineering/Public Works projects, Instructions to Bidders may be found on the City's website: http://www.edenprairie.org/modules/showdocument.aspx?documentid=653 Over$100,000 with labor- Performance and Payment Bond For contracts over $100,000 that include labor (ex. road construction and the purchase and installation of playground equipment) a performance and payment bond in an amount not less than the contract price is required from the vendor. See Appendices F and G. If change orders substantially increase the amount of the contract, the City Council has the option to increase the amount of the contractor's bond. Awarding Contracts For contracts procured through sealed bids or multiple quotes, the City must award the contract to the lowest responsible bidder. The bidder who submits the lowest bid or quote in dollars is not necessarily the "lowest responsible bidder." Responsibility in bids means financial responsibility, but also integrity, skill, and the likelihood of the bidder doing faithful and satisfactory work. A contract must be awarded to the lowest responsible bidder unless the "Best Value" alternative set forth below is followed. "Best Value" Procurement Alternative Minnesota Statute 412.311 allows the City to use a "Best Value" alternative instead of awarding the bid to the lowest responsible bidder. Ask your department head to contact the City Attorney if you wish to use the Best Value alternative. Cooperative Purchasing Procedures Cooperative purchasing contracts provide an opportunity for the City to purchase goods and services at reduced costs. Employees do not need to obtain bids if a purchase is made through a national municipal association purchasing alliance or a cooperative created by a joint powers agreement (of which the City is a member) that purchases items from more than one source on the basis of competitive bids or quotations that complies with State Statute. Following is a list of purchasing cooperatives of which the City is a member: 1. Cooperative Purchasing Ventures (CPV) Page 10 Minnesota Statute 471.345, Subd. 15 requires cities to consider the Cooperative Purchasing Venture (CPV) for contracts estimated to exceed $25,000. The City of Eden Prairie participates in the State of Minnesota Cooperative Purchasing Venture (CPV). This enables the City to buy goods and services under the terms of contracts already negotiated by the State of Minnesota. Information for this cooperative can be found on the State of Minnesota's Materials Management Division website: http://www.mmd.admin.state.mn.us/cpv2.htm The Public Works Superintendant can direct employees to the releases and listings of the products/services that can be purchased on the state contract. If it is determined that a product/services is on a state contract, vendors should be told that the purchase will be made using that contract. When completing the purchasing paperwork, note the purchase is per state contract and indicate the contract number. Vendors will often contend that the City can purchase from them without bidding because they are on the "state contract" or they will sell at the state contract price. Beware of these approaches. Verify both the vendor and the specific product/service is listed on the state contract. It is likely that not all of a vendor's products/services have been selected to be on the state contract. If a vendor is not on the state contract, but will match the state contract price, this action does not exempt the City from following the competitive bidding laws. 2. Hennepin County Cooperative Purchasing Contracts The City participates in the Hennepin County Cooperative Purchasing Program. In order to participate, submittal of a checklist anticipating estimated quantities prior to the bidding process is required. If the City has filled out a checklist, it is obligated to purchase the item from the county for the duration of that particular contract, as outlined in the contract specifications. 3. U.S. Communities Government Purchasing Alliance The City participates in the U.S. Communities Government Purchasing Alliance http://www.uscommunities.org/. See the Fleet Manager for further information. 4. Great Lakes GPO The Great Lakes GPO is a fire service program open to all Cities. 5. Joint Powers Member Any Joint Powers Purchasing Entity of which the City is a member provides for purchases. Change Orders Change orders may occur due to City driven changes, errors and omissions, field directives, unforeseen/hidden conditions, regulatory requirements or changes that are contractor driven. Changes that need to be made during construction need to be addressed and approved in a timely manner in order to keep the project on schedule. Page 1 11 Any change order that does not exceed $20,000 may be approved by the City Manager or a Department head specifically designated by the City Manager. Any change order that exceeds $20,000 must be approved by City Council. In an emergency the City Council may enter into contracts and incur obligations necessary to combat the disaster by protecting the health and safety of persons and property and by providing emergency assistance to the victims of the disaster without complying with the laws relating to purchasing and contracting. Other Bidding Requirements • A City cannot avoid bidding requirements by splitting a contract into several contracts, each of which is below the minimum amount requiring bids. • Specifications may not be written so as to exclude all but one type or kind of supplies or equipment. • The City may not accept a bid that includes a number of items when the advertisement called for separate bids for each item. • The City must re-bid when they make a material change in the specifications of the contract, even if the change would not affect the rank order of the bids received. • Minnesota Statutes Chapter 429 (local improvement code) applies to all public improvement contracts (i.e., sewer, water and streets) being financed with special assessments. Purchase or Lease of Used Public Safety Equipment In 2011, cities were granted authority to lease or purchase used public safety equipment ("vehicles and specialized equipment used by a fire department ... in firefighting, ambulance and emergency medical treatment services, rescue, and hazardous materials response") without bidding in certain specified circumstances. Competitive bidding or proposals are not required, "if the equipment is clearly and legitimately limited to a single source of supply, and the contract price may be best established by direct negotiation." Leases and Lease Purchases All lease agreements need approval through the finance and legal departments prior to initiating lease. The Finance Division will obtain at least two quotes to insure the best financing rates. Lease Performance Bonds are sometimes prudent for Lease Purchases; if you are unsure whether a Lease Performance Bond should be required, ask your department head to contact the City Attorney. Real Estate The purchase or sale of real property is generally not subject to competitive bidding. Online Purchases Employees may only purchase from vendors that use secure services for e-commerce. The City is required to submit sales tax for out-of-state purchases. Pagel 12 Withholding Certificates Before the City makes a final payment to a contractor under a contract requiring employment for wages, it must make sure the contractor and any subcontractors have complied with withholding tax laws. Contractors and subcontractors must show compliance by submitting a withholding affidavit to the MN Department of Revenue. This can be done electronically or by mailing a completed Form IC134, "Withholding Affidavit for Contractors." If a contractor or subcontractor has withheld taxes as required, the Department of Revenue will return an electronic confirmation or sign and return the Form IC134, certifying compliance. The City must receive this certification of compliance before a final payment can be issued. Covered contracts are only those under which a contractor undertakes to supply labor or a combination of labor and materials for specific construction, repairs, rehabilitation or improvements. It does not apply to contractors for maintenance services or dealers, merchants and suppliers who supply materials only. The Dept of Revenue requires the form IC -134 only be submitted in connection with contractors on construction projects. Others are not required to submit the form so this paragraph only needs to be used on construction contracts. Ethics and Acceptance of Gifts Employees authorized to make a sale, lease, or contract in an official capacity must not have a personal financial interest in that sale, lease, or contract, or personally benefit financially from it. (See Minn. Stat. § 471.87) For non-business related purchases, employees may only take advantage of special pricing offered to employees of the City if the same pricing is offered to government employees state or country wide. However, special pricing offered to the City by vendors may not be accepted by employees in a position to make purchasing decisions or recommendations within that same category of goods or services. Public Purpose Expenditures City employees are obligated to conserve and protect City resources for the benefit of public interest. As good stewards of public funds, City employees must only use City funds for public purpose expenditures. Meals and gifts for City employees—however small — may not be purchased using City Funds. The expenditure of City Funds on meals and refreshments for City Employees, Officials, and Volunteers is only authorized by the City Council for certain purposes. These purposes should be conducive to the accomplishment of employees' duties and responsibilities while conducting City business and therefore provide a public benefit and have a public purpose. As detailed in Resolution No. 2007-13, the purchase of meals and refreshments using City Funds is authorized in the following circumstances: Pagel 13 • Those provided immediately before or in conjunction with meetings of the Council, committees or subgroups. • City business meetings at which those in attendance involve non City employees. • When a breakfast, lunch or dinner meeting is conducted for official City business when it is the only practical time to meet and when it involves non City employee participants. • In connection with a conference, workshop, seminar or meeting which the employee has been authorized to attend. • Department-sponsored meetings, conferences or workshops where invited participants include non-City employees. • An organization-wide or department-wide annual, quarterly or monthly staff meeting. • At regularly scheduled meetings of the City Manager and department heads. • Meals for staff involved in election related duties when the performance of their duties prohibits staff from leaving the building. • At the discretion of the City Manager. If you are unsure whether an item is a public purpose expenditure, please contact your department director. Page 1 14 Professional Service & Consultant Contracts Accountants, Architects, Engineers, Lawyers, Training, Technical/Scientific Services State Statue does not require advertisement of bids or sealed bids for professional services such as those of engineers, lawyers, architects, accountants, and other services requiring technical, scientific, or professional training. It is recommended that proposals be obtained through a request for proposal (RFP) process when such a process would provide the City with increased quality or a decreased price. Request for Proposal (RFP) The City follows an RFP process when soliciting professional consulting services. Recommended sections to include in a RFP: • Background and scope of project. • Specifications of the professional services desired. • Contract terms. Include and reference as an attachment the "Standard Professional Services Agreement" (Appendix E) • The last day for submission of proposals and the place where they are due. • Include requirement for attendance at a pre-proposal meeting to answer vendor questions regarding the RFP. This provides fairness to all participants when questions are answered with all participants present. Request that questions be submitted in advance. • Proposal evaluation and selection criteria. • Format required for submitted proposals to provide for consistent submittals. • Profile questionnaire to obtain general information about the vendor. • A statement reserving the right of the City to reject all proposals. The City attorney must review the RFP before it is sent to selected vendors. RFPs should be sent to a reasonable/manageable number of vendors. After the submittal deadline, review Proposals by using a rating sheet and rate each Proposal based on the specifications and general information. Follow up with reference checks as appropriate. Select a vendor and make recommendation to the City Council. Standard Professional Services Agreement The City's "Standard Professional Services Agreement" (contract) should used for all professional service contracts. See Appendix E. The Standard Professional Services Agreement outlines consultant obligations including insurance and liability coverage requirements, audit disclosure, subcontractors, and termination processes. This contract should be used for all professional service agreements. Page 1 15 Disposition of Surplus Assets According to City Code (Section 2.86, Subd. 3), the City Manager may, from time to time, recommend to the Council that certain property owned by the City is no longer needed for a municipal purpose and should be sold. There are three aspects to any disposal of a City asset: 1. Disposal Approval The City Council must approve the disposal of all property, no matter the value. 2. Terms of Sale Approval The sale itself must be approved, either by the City Manager or his/her delegate (sales up to $20,000) or by the City Council (sales over$20,000). 3. Proper Municipal Sale Contract Just as with purchasing, making a sale is considered entering into a contract. After the Council has declared the property as surplus, estimated its value, and approved its disposal, the City Manager (or his/her delegate) is authorized to dispose of the property using one of the following methods: Assets under $25,000 If the value of the surplus property is estimated to be $25,000 or less, the City Manager may sell it either upon quotation or in the open market, in the discretion of the City Manager. If the surplus property is sold based upon quotation, the City Manager shall obtain, so far as practicable, at least two quotations which shall be kept on file for a period of at least one year after their receipt. Assets between $25,000 - $100,000 If the value of the surplus property is estimated to exceed $25,000 but not to exceed $100,000, the City Manager may sell the property upon sealed bids or by direct negotiation, by obtaining two or more quotations for the sale when possible. All quotations obtained shall be kept on file for a period of at least one year after their receipt. Assets over$100,000 If the value of the surplus property is estimated to exceed $100,000, the City Manager shall solicit sealed bids by public notice in the manner and subject to the requirements of the law governing contracts by the City. As a practical matter, an asset disposal and its sale will often be approved by the Council at the same time. The final sale will always be contingent upon the Council's approval of, first, the disposition and then the actual sale. Managers may use discretion when deciding if an asset should be approved for disposal before the sale is initiated, or if the disposal and the sale can be brought to Council at the same time. Page 1 16 Government to Government Sales The City may transfer real and personal property to another governmental entity for nominal or no consideration and without following the process set out under "Proper Municipal Sale Contract" (item #3) above. Sealed bids or quotes are not required. Council approval of the disposal (item #1 above) is always required. Council approval of the terms of the disposal (item #2 above) is required only if consideration is over$20,000. The council may approve both the disposal and disposal terms in one action. If there is no consideration or consideration is under $20,000, the City Manager may approve the terms of the disposal. Trade-ins The City Council must approve the disposal of equipment via trade-in (put toward the purchase of new equipment),just as it approves a regular disposal. This approval can be done as part of the approval of the purchase of new equipment (if the purchase is over $20,000). Even if the new purchase is under $20,000 (and doesn't require Council approval), the trade-in disposal still must be approved by the Council. Electronic Sales Minn. Stat. 471.345, subd. 17 states that "a city may contract to sell supplies, materials, and equipment which is surplus, obsolete, or used, using an electronic selling process in which purchasers compete to purchase the items at the highest purchase price in an open and interactive environment." Restrictions According to City code, no employee of the City who is a member of the administrative staff, department head, a member of the Council, or an advisor serving the City in a professional capacity may be a purchaser of property sold under this Section. Other City employees may be purchasers if they are not directly involved in the sale, if they are the highest responsible bidder, and if at least one (1) week's published or posted notice of sale is given. Page 1 17 Appendix A Form of Contract For large Public Works construction projects, the City's two-page Form of Contract and its related forms should be used. This Form of Contract is found on the following pages of Appendix A. All related forms can be found on the City's website by following this link: http://www.edenprairie.org/index.aspx?page=328 Page 1 A-1 FORM OF CONTRACT THIS AGREEMENT,made and executed this day of 20_, by and bet ween City o f Eden Prairie hereinafter referred to as the "CITY", and , hereinafter referred to as t he "CONTRACTOR", WITNESSETH: CITY AND CONTRACTOR, for the consideration hereinafter stated, agrees as follows: I. CONTRACTOR hereby covenants and agrees to perform and execute all the provisions of the Plans and Specifications prepared by t he Public Wor ks Department referred to in Para graph IV, as provided by the CITY for: I.C. CONTRACTOR further agrees to do everything required by t his Agreement and t he Contract Document. II. CITY agrees to pay and CONTRACTOR agrees to receive and accept payment in accordance with the prices bid for the unit or lump sum items as set forth in the Proposal Form attached hereto which prices conform to those in the accepted CONTRACTOR'S proposal on file in the office of the City Engineer. The aggregate sum of such prices,based on esti mated required quantities is estimated to be $ . III. Payments to CONTRACTOR by City shall be made as provided in the Contract Documents. IV. The Contract Documents consist of the following component parts: (1) Legal and Procedural Documents a. Advertisement for Bids b. Instruction to Bidders b. Accepted Proposal c. Contract Agreement d. Contractor's Performance Bond e. Contractor's Payment Bond (2) Special Conditions (3) Detail Specifications (4) General Conditions Page 1 A-2 (5) Plans (6) Addenda and Supplemental Agreements The Contract Documents are hereby incorporated with this Agreement and are as much a part of this Agreement as i f fully set forth her ein. This Agreement and t he Contract Documents ar e the Contract. V. CONTRACTOR agrees to fully and satisfactorily complete th e work contemplated by thi s Agreement in accordance with the following schedule: or in accordance with the Contract Documents. VI. This Agreement shall be executed in two(2)copies. IN WITNESS WHEREOF, the parties to this Agreement have hereunto se t their hands and se als as of the date first above written. In Presence Of: CITY OF EDEN PRAIRIE, MN. By Its City Mayor And Its City Manager CONTRACTOR In Presence Of: By Title And Title Page 1 A-3 Appendix B Standard Construction Contract For all other construction projects (non Public Works and Engineering), the City's "Standard Construction Contract" should be used. This contract should be used for project such as building alteration and store remodels. The "Standard Construction Contract" can be found on the following pages of Appendix B. Page 1 B-1 Standard Construction Contract This Contract ("Contract") is made on the day of , 20 , between the City of Eden Prairie, Minnesota (hereinaft er "City"), whose business addre ss is 8080 Mitchell Road, Eden Prairie, MN 55344, and , a Minnesota (hereinafter "Contractor") whose business address is Preliminary Statement The City has adopted a policy regarding the se lection and hiring of contractors to provide a variety of services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreeme nts with the City. The purpose of this Contract is to set fo rth the terms and conditions for the provision of services by Contractor for hereinafter referred to as the "Work". The City and Contractor agree as follows: 1. Scope of Work/Proposal. The Contractor agrees to provide, perform and complete all the provisions of the Work in accordance with attached Exhibit A. The terms of this Contract shall take precedence over any provisions of the Contractor's proposal and/or general conditions. 2. Time of Commencement and Completion. The Work to be performed under this Contract shall be commenced immediately after exe cution of t his Contract. The Wor k shall be completed by 3. Compensation for Services. City agrees to pay the Contractor a fixed sum of$ as full and complete payment for the labor, materials and services rendered pursuant to this Contract and as described in Exhibit A. a. Any changes in the scope of the work which may result in an increase to the compensation due the Contractor shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. b. If Contractor is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Contractor will be entitle d to payment for its reasonable additional charges, if any, due to the delay. 4. Method of Payment. The Contractor shall submit to the City, on a monthly basis, an itemized invoice for services performed unde r this Contract. Invoices submitted shall be paid in the same manner as other claims made to the City. a. Invoices. Contractor shall verify all statements submitted f or payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Con tractor shall provide an itemized listing and such documentation as Page B-2 reasonably required by the City. Each invoice shall contain the City's project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract. b. Claims. To receive an y payment on this Con tract, the in voice or bill must inclu de the following signed and dated statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." c. Final Payment. Final payment, constituting the entire unpaid balance o f the Contract Sum, shall be paid by the City to the Contractor when the Work h as been completed, the Contract fully performed, and the City accepts the Work in writing. The acceptance of final payment shall constitute a waiver of all claims by t he Contractor except those previously made in writing and identified by the Contractor as unsettled at th e time of Application for Final Payment. d. Income Tax Withholdin g. No final payment shall be made to the Contractor until the Contractor has provided satisfactory evidence to the City that the Contractor and each of its subcontracts has complied with the provisions of Minn. Stat. Section 290.92 relating to withholding of income taxes upon wages. A certificate by the Commissioner of Revenue shall satisfy this requirement. 5. Standard of Care. Contractor shall exercise the same de gree of care, skill and diligence in the performance of its services as is o rdinarily exercised by members of t he profession under similar circumstances in Henn epin County, Minnesota. Contractor shall be liable to th e fullest ext ent permitted under applicable law, without limitation, fo r any injuries, loss, or dama ges proximately caused by Contractor's breach of this standard of care. Contractor shall put forth reasonable efforts to complete its duties in a timely manner. Contractor shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of e xecution of this Contract. Contractor sh all be responsible for costs, delays or damages arising from unreason able delays in the performance of its duties. 6. Project Manager. The Contractor has designated to Manage the Work. They shall be assisted by other staff member s as necessary to facilitate t he completion of the Work in accordance with the terms established herein. Contractor may not remove or replace the designated manager without the approval of the City. 7. Condition and Inspection. All goods and other materials furnished u nder this Contract shall be new and in current manufacture, un less otherwise specified, and all go ods and work shall be of good quality, free from faults and defects and in conformance with this Contract. All goods and work not conforming to these requirements shall be considered defective. Goods shall be subject to inspection and testing by the City. Defective goods or goo ds not in current manufacture may be returned to the Contractor at the Contractor's expense. 8. Correction of Work. The Contractor shall p romptly correct all Wor k rejected by the City as defective or as failing to conform under this Contract whether observed before or after completion of the Work and whether or not fabricated, installed or completed. The Contractor shall bear all costs of correcting such rejected Work. 9. Warranty. The Contractor expressly warrants and guarant ees to the City that all Work performed and all materials furnished shall b e in accord with the Co ntract and shall be free from defect s in materials, workmanship, and operation which a ppear within a period of one year, or within such Page B-3 longer period as may be prescribed by law or in the terms of the Contract, from the date of Ci ty's written acceptance of the Work. The City's rights under the Contractor's warranty are not the City's exclusive remedy. The City shall have all other remedies available under this Contract, at law or in equity. Should any defects dev elop in the materials, workmanship or operatio n of the system within the specified period, upon notice from the City, the Contractor agrees, within ten (10) calendar da ys after receiving written n otice and without expense to th e City, to repair, replace and in genera I to perform all necessary corrective Work with regard to the defective or nonconforming Work or materials to the satisfaction of the City. THE FOREGOING SHALL NOT IN ANY MANNER LIMIT THE CITY'S REMEDY OR THE CONTRACTOR'S LIABILITY TO THOSE DEFECTS APPEARING WITHIN THE WARRANTY PERIOD. The Contractor agrees to perform the Work in a manner and at a time so as to minimize any damages su stained by the City and so as to not interfere with or in any way disrupt the operation of the City or the public. The corrective Work referred to above shall include without limitation, (a ) the cost of removing the defective or nonconforming Work and materials from the site, (b) the cost of correcting all Work of other Contractors destr oyed or da maged by defective or nonconfor ming Work and materials including the cost of removal of such damaged Work and materials form the site, and (c) the cost of correcting all damages to Work of other Contractors caused by the removal of t he defective or nonconforming Work or materials. The Contractor shall post bonds to secure the warranties. 10. Private Property. The Contractor shall not en ter upon private property for any purpose without having previously obtained permission from the City. Th e Contractor shall be responsible for the preservation of, and sh all use e very precaution to prevent damage to all trees, shrubbery, plants, lawns, fences, culverts, bridges, pavements, driveways, sidewalks, etc.; all water, sewer and g as lines; all conduits; all overhead pole lines or a ppurtenances thereof; and all other public or private property along or adjacent to the work. 11. Removal of Construction Equipment, Tools and Supplies. At the termination of this Contract, before acceptance of the Work by the City, the Contractor shall remove all of Contractor's equipment, tools and supplies from the property oft he City. Should the Contractor fail t o remove such equipment, tools and supplies, the City shall have the right to remove them and deduct the cost of removal from any amount owed to Contractor. 12. Suspension of Work by City. The City may at any time suspend the Work, or any part thereof, by giving ten (10) days' notice to the Contractor in writing. The work shall be resumed by the Contractor within ten (10) days after the date fixed in the written notice from the City to the Contractor to resume. If the City's suspension of all or part of the Work causes additional expenses not due to the fault or negligence of the Cont ractor, the City shall reimburs e the Contractor for the a dditional expense incurred due to suspension of the work. Claims for such compensation, with complete substantiating records, shall be filed with the City within ten (10) days after the date of order to resume Work in order to receive consideration. This pa ragraph shall not be c onstrued as entitling the Contractor to compensation for delays due to inclement weather, failure to furnish ad ditional surety or sureties specified herein, for suspension made at the request of the Contractor, or for any other delay provided for in this Contract. 13. City's Right to Carry Out the Work. If the Contractor defaults or neglects to carry out the Work in accordance with the Contract or fails to perform any pro visions of the Contract, the City may, after Page B-4 ten (10) days written no tice to the Contractor and without prejudice to any other remed y the City may have, make good such deficiencies. In such case an appropriate Change Order shall be issued deducting from the pa yment then or thereafter due the Contractor the cost of correcting such deficiencies. If the payments then or thereafter due the Contractor are n of sufficient to cover such amount, the Contractor shall pay the difference to the City. 14. City's Right to Terminate Contract and Complete the Work. The City has the right to terminate this Contract for any of the following reasons: a. The Contractor is adjudged bankrupt, makes a general assignment for the benefit of creditors, or becomes insolvent; b. Failure of Contractor to supply adequate properly skilled workmen or proper materials; c. Failure of Contractor to make prompt payment to subcontractor for material or labor; d. Any disregard of laws, ordinances or proper instructions of the City; e. Assignment or work without permission of the City; f. Abandonment of the work by Contractor; g. Failure to meet the work progress schedule set forth in this Contract; h. Unnecessary delay which, in the judgment of the Ci ty, will result in the work not being completed in the prescribed time. Termination of the Con tract shall b e preceded by ten (10) days written notice b y the City to t he Contractor and its surety stating the grounds for termination and the measures, if any, which must be taken to assure compliance with the Contract. The Contract shall be terminated at the expiration of such ten (10) day period unless the City Council shall withdraw its notice of termination. Upon termination of the Contract by the City, the City may, without prejudice to any other remedy the City may have, take possession o f the site a nd of all materials, eq uipment, tools, constru ction equipment and machinery thereon owned by the Contractor and may finish the Wo rk by whatever methods the City may deem expedient at the Contractor's expense. Upon Contract termination, the Contractor shall not be entitled to receive any further payment until the Work is finished. I f the unpaid balance of the contract price exceeds the expense of finishing the Work, including compensation for additional managerial and administrative services, the excess shall be paid to the Contractor. If such expense exceeds the unpaid balance, the Contractor shall pay the difference to the City. In the event that the Contractor abandons the Work, fails or refuses to complete the Work or fails to pay just claims for labor or material, the City reserves the right to charge against the Contractor all legal, engineering, or other costs resulting from such abandonment, failure or refusal. Legal costs will include the City's cost of prosecuting or defe nding any suit in connection with such abandonment, failure or refusal, and non-payment of c laims wherein the City is made co-defendant, and the Contractor agrees to pay all costs, including reasonable attorney's fees. 15. Contractor's Right to Terminate Contract. The Contractor may terminate this Contract upon ten (10) days written notice to the City for any of the following reasons: a. If an order of any court or other public authority caused the Work to be stopped or suspended for a period of 90 days through no act or fault of the Contractor or its employees. b. If the City should fail to pay any undisputed sum owed Contractor within forty-five (45) days after the sum becomes due. 16. Performance and Payment Bonds. The Contractor shall post a Performance and Payment Bond each in an amount equal to one hundred percent (100%) of the payments due Contractor to insure Page B-5 the prompt and faithful performance of this Contract by Contractor and to insure prompt payment to the subcontractor and suppliers of t he Contractor. The Bonds shall be in a form a pproved by the City. Contractor shall provide the Bond to the City before commencing work and together with the executed contract document. If t he Performance and/or Payment Bond are not submitted as provided herein, this Contract shall be considered void. [BONDS ARE REQUIRED FOR A CONSTRUCTION CONTRACT THAT IS $100,000 OR MORE; THEY ARE OPTIONAL FOR ANY CONTRACT THAT IS LESS THAN $100,000] 17. Subcontractor. The Contractor shall bind every subcontractor and every subcontractor shall agree to be bound by the terms of this Contract as far as applicable to its work, unless specifically noted to the contrary in a subcontract approved in writing as adequate by the City. The Contractor shall pay any subcontractor involved in the performance of this C ontract within the ten ( 10) days of the Contractor's receipt of payment by the City for undisputed services provided by the subcontractor. If the Contractor fails within that time to pay the subcontractor any undisputed amount for which the Contractor has received payment by the City, the Contractor shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment fo r an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Contractor shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Contractor shall be awarded its costs and disbursem ents, including attorney's fees, incurred in bringing the action. 18. Independent Contractor. Contractor is an independent contractor engaged by City to perform the services described herein and as such (i) sha II employ such persons as it shall d eem necessary and appropriate for the performance of its obligations pur suant to this Contract, who shall be employees, and under the direction, of Contractor and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equip ment on behalf of City, o r otherwise bind or obligate City. No statement herein shall be construed so as to find the Contractor an employee of the City. 19. Notice. Required notices to the Contractor shall be in writing, and shall be either hand-delivered to the Contractor, its employees or agents, or mailed to the Contractor by certified mail at the following address: Notices to the City shall be in writing and shal I be either hand-delivered or mailed to the City by certified mail at the following address: City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Page 1 B-6 Notices shall be deemed effective on the date of receipt. Any party may change its address for the service of notice by giving written notice of su ch change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 20. Insurance. a. General Liability. Prior to starting t he Work, Contractor sh all procure, maintain and pay for such insurance as will protect agai nst claims or loss which may arise out of operations by Contractor or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of the m may be liable. Such insurance sha II include, but not be li mited to, minimum coverages and limits of liability speci fied in this Paragraph, or required by la w. The policy(ies) shall name the City as an additional insured for the services provided under this Contract and sha II provide that the Contractor's coverage shall be primary an d noncontributory in the event of a loss. b. Contractor shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker's Compensation Statutory Limits Employer's Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Comprehensive Liability $1,500,000 property damage per occurrence $2,000,000 general aggregate $2,000,000 Products— Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit (shall include coverage for all owned, hired and non-owed vehicles. Umbrella or Excess Liability $1,000,000 c. The Comprehensive General/Commercial General Liability policy(ies) shall be equivalent in coverage to ISO form CG 0001, and shall include the following: i. Premises and Operations coverage with no explosions, collapse, or unde rground damage exclusion (XCU). ii. Products and Completed Operations Property Damage coverage. Contractor agrees to maintain this coverage for a minimum of two (2) years following completion of it s work. iii. Personal injury with Employment Exclusion (if any) deleted. iv. Broad Form CG0001 0196 Contractual Liability coverage, or its equivalent. v. Broad Form Property Damage coverage, including completed operations, or its equivalent. vi. Additional Insured Endorsement(s) on ISO form CG 2010, or its equiv alent, naming "the City of Eden Prairie." The additional insured form needs to extend protection for "product and completed operations". Page B-7 vii. If the Work to be performed is on an attached community, there shall be no exclusion for attached or condominium projects. viii."Stop gap" coverage for work in those states where Workers' Compensation insurance is provided through a st ate fund if Employer's liability coverage is no t available. ix. Incidental Malpractice and Host Liquor L iability insurance applicable to the Contractor's performance under this Contract. x. Severability of Insureds provision. d. Contractor shall maintain in effect all insurance coverages required under this Paragraph at Contractor's sole expense and with insurance companies licensed to do business in the state in Minnesota an d having a current A.M. Best rating of no less than A -, unless specifically accepted by City in writing. In add ition to the requirements stated above, the following applies to the insurance policies required under this Paragraph: i. All polices shall be written on an " occurrence" form ("claims made" and "modified occurrence"forms are not acceptable); ii. All polices shall be apply on a "per project" basis; iii. All policies, except the Worker's Compensation Policy, shall contain a waiver of subrogation naming "the City of Eden Prairie"; iv. All policies, except the Worker's Compensation Policiy, shall name "the City of Ede n Prairie" as an additional insured; v. All policies, except the Worker's Compensation Policy, shall insure the defense and indemnity obligations assumed by Contractor under this Contract; and vi. All polices shall contain a provision that coverages afforded there under shall not be canceled or non-renewed or restrictive modifications adde d, without thirty (30) da ys prior written notice to the City. e. A copy of the Contractor's Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Contractor's Work. Upon request a copy of the Contractor's insurance declaration page, Rid er and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Contractor has complied with all insura nce requirements. Re newal certificates shall be provided to Cit y prior to the expiration date of any of the req uired policies. City will not be obl igated, however, to review such Certificate of Insurance, declarat ion page, Rider, Endorsement or certificates or other evi dence of insurance, or to advise Contractor of any defic iencies in such documents and receipt thereo f shall not relieve Contractor from, nor be dee med a waiver of, City's right to enforce the term s of Contractor's obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. f. Effect of Contractor's Failure to Provide Insurance. If Contractor fails to provide the specified insurance, then Contractor will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, clai m, liability a nd expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as wo uld have been provided by the sp ecified insurance. Excep t to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which th e underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the neg ligent or otherwise wrongful act or o mission (including breach of contract) o f Contractor, its subcontractors, agents, employees or delegates. Contractor agrees that this indemnity shall be construed and applied in favor of Page 1 B-8 indemnification. Contractor also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Contractor to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of ten der of defense and ind emnity from Contractor's insurance company. Contractor will take the action required by the City within fifteen (15) days of receiving notice from the City. 21. Indemnification. Contractor will i ndemnify City and hold it harmless from and against all judgments, claims, damages, costs and expen ses, including a reasonable amount as and for its attorney's fees paid, incurred or for which it may be liable re suiting from any breach of this Contract by Contractor or any negligent or intentional act or omission performed, taken or not performed or taken by Contractor, it s agents, contractors and employees, relative to this Co ntract. City will indemnify and hold Contractor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its agents or employees. 22. Ownership of Documents. All pla ns, diagrams, analyses, reports and information generated in connection with the performance of the Contract ("Information") shall b ecome the property of the City, but Contractor may retain copies of su ch documents as records of the services provided. The City may use the Information for its purposes and the Contractor also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Contract does not relieve any liability on the part of the Contractor, but any use of the Information by the City or the Contractor beyond the scope of this Contract is with out liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or I iability resulting therefrom. 23. Non-Discrimination. During the performance of this Contract, the Contractor shall not discriminate against any employee or applicant for employment because of race, color, creed, religion, national origin, sex, marital status, status wit h regard to public assist ance, disability, sexual orientation or age. The C ontractor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-di scrimination clause and stating that all qualifie d applicants will receive considerati on for emp loyment. The Contractor shall i ncorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for su ch work to in corporate such requirements in a II subcontracts for program work. The Contractor further agrees to comply with all aspect s 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. Mediation. Each disp ute, claim or controversy arising from or related to this agre ement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the med iation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the Page B-9 parties. Cost of mediation shall be shared equally between the parties. Mediation shall be h eld in the city of one of the Voting Members unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in a ny court having jurisdiction thereof. 25. Audit Disclosure and Data Practices. Any reports, information, data, etc. given to, or prepared or assembled by the Cont ractor under this Contract which the City requests to be ke pt confidential, shall not be made available to any individual or organization without the City's prior written approval. The books, records, documents and accounting procedures and practices of the Contractor or other parties relevant to this Contract are subject to examination by the City and either the Legisla tive Auditor or the State Auditor for a period of six (6) years after the effective date of this Contract. The Contractor shall at all times abide by Minn. Stat. 13.01 et seq., the Minnesota Government Data Practices Act, to the extent the Act is applicab le to data and documents in the possession o f the Contractor. 26. Rights and Remedies. The duties and obligat ions 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. 27. Assignment. Neither party shall assign this Co ntract, nor any interest arising herein, without the written consent of the other party. 28. Damages. In the event of a breach of the Contract by City, the Contractor shall no t be entitled to recover punitive, special or consequential damages or damages for loss of business. 29. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Contract or thereafter of any of the rights or remedies of the City under this Contract. 30. Severability. The provisions of this Contract are severa ble. If any portion her eof 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. 31. Entire Agreement. The entire a greement of the part ies is conta fined herein. This Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any p revious agreements presently in effect between the partie s 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, u nless otherwise provided herein. 32. Waiver. No action nor failure to act by the City or the Contractor shall const itute a waiver of any right or duty afforded a ny of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquie scence in any breach thereunder, except as may be specifically agreed in writing. 33. Governing Law. This Contract shall be controlled by the laws of the State of Minnesota. 34. Conflicts. No salaried officer or employee of the City and no member of the Counci of the City shall have a financial interest, direct or indirect, in this Co ntract. The violation of this provision Page B-10 renders the Contract void. Any f ederal regulations and applicable state statute s shall not be violated. 35. Counterparts. This Contract may be executed in multiple counterpa rts, each of which shall be considered an original. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager CONT RACTOR By: Its: Page 1 B-11 Appendix C Standard Agreement for Contracted Services For services and annual services, the City's "Standard Agreement for Contracted Services" should be used. This contract should be used for services such as furnace installation, painting, lawn mowing, or cleaning. These can be one-time or annual services. The "Standard Agreement for Contracted Services" can be found on the following pages of Appendix C. Page 1 C-1 Standard Agreement for Contract Services This Agreement ("Agreement") is made on th e day of , 20 , between the City of Eden Prairie, Minnesota (h ereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and _ , a Minnesota (hereinafter"Contractor")whose business address is Preliminary Statement The City has adopted a policy regarding the se lection and hiring of contractors to provide a variety of services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of th is Agreement is to set forth the terms and conditions for the provision of services by Contractor for hereinafter referred to as the "Work". The City and Contractor agree as follows: 36. Scope of Work. The Contractor agrees to provide, perform and complete all the pr ovisions of the Work in accordance with attached Exhibit A. The terms of this Agreement shall take preced ence over any provisions of the Contractor's proposal and/or general conditions. 37. Effective Date and Term of Agreement. This Agreement shall become effective as of _, 20 . [The Agreement shall continue for one (1) year thereafter, and automatically renew from year to year after expiration of said one year period except that this Agreement may be terminated at the end of any one (1) year period with thirty (30) days prior written notice from either party.] OR [The Work shall be completed by . ] 38. Obligations of Contractor. Contractor shall conform to the following obligations: a. Contractor shall provide the materials and services as set forth in Exhibit A. b. Contractor and its employees will pa rk in service areas or lots and use entries and exits as designated by City. Contractor's personnel will contact the appropriate person (i.e. receptionist, maintenance personnel, security, etc,) immediat ely upon entering the building, and will sign in and out if required by City. c. Care, coordination and communication by Contractor is imperative so that g uests and employees in the buildings are no t disturbed or inconvenienced during the performance of the contracted services. d. Contractor's personnel must be ne at appearing, wear a uniform and badge that clearly identifies them as a service contractor, and abide by City's no smoking policies. e. Contractor must honor the City's request to rea ssign an employee for cause. Cause may include performance below acceptable standards or failure to present the necessary image or attitude, in the judgment of the owner, to present a first class operation. f. When necessary, Contractor's personnel will be provided with keys or access cards in order to perform their work. Any lost keys or cards that result in rekeying a space or other cost to the City will be billed back to the Contractor. g. h. Page C-2 I. 39. City's Obligations. City will do or provide to Contractor the following: a. Provide access to City properties as appropriate. b. Provide restroom facilities as appropriate. c. d. 40. Compensation for Services. City agrees to pay the Co ntractor [a fixed sum of $ 1 OR [an hourly sum of$_ , with total payments made in each o ne year period not to exc eed 1 as full and complete payment for the labor, materials and services rendered pursuant to this Agreement and as described in Exhibit A. a. Any changes in the scope of the work which may result in an increase to the compensation due the Contractor shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. b. If Contractor is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Contractor will be entitle d to payment for its reasonable additional charges, if any, due to the delay. 41. Method of Payment. a. Contractor shall prepare and submit to City, on a monthly basis, itemized invoices setting forth work performed un der this Contract. Invoices sub mitted shall be paid in the same manner as other claims made to the City. b. Claims. To receive an y payment on this Con tract, the in voice or bill must inclu de the following signed and dated statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." c. No fuel surcharges or surcharges of any kind will be accepted nor will they be paid. 42. Project Manager. The Contractor has designated to Manage the Work. They shall be assisted by other staff member s as necessary to facilitate t he completion of the Work in accordance with the terms established herein. Contractor may not remove or replace the designated manager without the approval of the City. 43. Standard of Care. Co ntractor shall exercise the same de gree of care, skill and diligence in the performance of its services as is o rdinarily exercised by members of t he profession under similar circumstances in Henn epin County, Minnesota. Contractor shall be liable to th e fullest ext ent permitted under applicable law, without limitation, fo r any injuries, loss, or dama ges proximately caused by Contractor's breach of this standard of care. Contractor shall put forth reasonable efforts to complete its duties in a timely manner. Contractor shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of e xecution of this Contract. Contractor sh all be responsible for costs, delays or damages arising from unreason able delays in the performance of its duties. 44. Insurance. a. General Liability. Prior to starting t he Work, Contractor sh all procure, maintain and pay for such insurance as will protect agai nst claims or loss which may arise out of operations by Contractor or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of the m may be liable. Such insurance sha II include, but not be li mited to, Page C-3 minimum coverages and limits of liability speci fied in this Paragraph, or required by la w. The policy(ies) shall name the City as an additional insured for the services provided under this Agreement and shall provide that the Contractor's coverage shall be primary and noncontributory in the event of a loss. b. Contractor shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker's Compensation Statutory Limits Employer's Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Comprehensive Liability $1,500,000 property damage per occurrence $2,000,000 general aggregate $2,000,000 Products— Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit (shall include coverage for all owned, hired and non-owed vehicles. Umbrella or Excess Liability $1,000,000 c. The Comprehensive General/Commercial General Liability policy(ies) shall be equivalent in coverage to ISO form CG 0001, and shall include the following: i. Premises and Operations coverage with no explosions, collapse, or unde rground damage exclusion (XCU). ii. Products and Completed Operations Property Damage coverage. Contractor agrees to maintain this coverage for a minimum of two (2) years following completion of it s work. iii. Personal injury with Employment Exclusion (if any) deleted. iv. Broad Form CG0001 0196 Contractual Liability coverage, or its equivalent. v. Broad Form Property Damage coverage, including completed operations, or its equivalent. vi. Additional Insured Endorsement(s) on ISO form CG 2010, or its equiv alent, naming "the City of Eden Prairie." The additional insured form needs to extend protection for "product and completed operations". vii. If the Work to be performed is on an attached community, there shall be no exclusion for attached or condominium projects. viii."Stop gap" coverage for work in those states where Workers' Compensation insurance is provided through a st ate fund if Employer's liability coverage is no t available. ix. Incidental Malpractice and Host Liquor L iability insurance applicable to the Contractor's performance under this Contract. x. Severability of Insureds provision. Page C-4 d. Contractor shall maintain in effect all insurance coverages required under this Paragraph at Contractor's sole expense and with insurance companies licensed to do business in the state in Minnesota an d having a current A.M. Best rating of no less than A -, unless specifically accepted by City in writing. In add ition to the requirements stated above, the following applies to the insurance policies required under this Paragraph: i. All polices shall be written on an " occurrence" form ("claims made" and "modified occurrence"forms are not acceptable); ii. All polices shall be apply on a "per project" basis; iii. All policies, except the Worker's Compensation Policy, shall contain a waiver of subrogation naming "the City of Eden Prairie"; iv. All policies, except the Worker's Compensation Policiy, shall name "the City of Ede n Prairie" as an additional insured; v. All policies, except the Worker's Compensation Policy, shall insure the defense and indemnity obligations assumed by Contractor under this Contract; and vi. All polices shall contain a provision that coverages afforded there under shall not be canceled or non-renewed or restrictive modifications adde d, without thirty (30) da ys prior written notice to the City. e. A copy of the Contractor's Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Contractor's Work. Upon request a copy of the Contractor's insurance declaration page, Rid er and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Contractor has complied with all insura nce requirements. Re newal certificates shall be provided to Cit y prior to the expiration date of any of the req uired policies. City will not be obl igated, however, to review such Certificate of Insurance, declarat ion page, Rider, Endorsement or certificates or other evi dence of insurance, or to advise Contractor of any defic iencies in such documents and receipt thereo f shall not relieve Contractor from, nor be dee med a waiver of, City's right to enforce the term s of Contractor's obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. f. Effect of Contractor's Failure to Provide Insurance. If Contractor fails to provide the specified insurance, then Contractor will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, clai m, liability a nd expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as wo uld have been provided by the sp ecified insurance. Excep t to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which th e underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the neg ligent or otherwise wrongful act or o mission (including breach of contract) o f Contractor, its subcontractors, agents, employees or delegates. Contractor agrees that this indemnity shall be construed and applied in favor of indemnification. Contractor also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Contractor to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or Page C-5 ii. Furnish a writte n acceptance of ten der of defense and ind emnity from Contractor's insurance company. Contractor will take the action required by the City within fifteen (15) days of receiving notice from the City. 45. Indemnification. Contractor will i ndemnify City and hold it harmless from and against all judgments, claims, damages, costs and expen ses, including a reasonable amount as and for its attorney's fees paid, incurred or for which it may be liable result ing from any breach of this Agreement by Contractor or any n egligent or intentional act or omission performe d, taken or not performed or taken by Contracto r, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Contractor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its agents or employees. 46. Termination. a. This Agreement ma y be terminated at any time by eit her party f or breach or non- performance of any provision of this Agreement in accordance with the following. The party ("notifying party") who desires to terminate this Agreement for breach or non-performance of the other party ("notified party") shall give the n otified party notice in writing of the notifying party's desire to terminate this Agreement describing the breach or non-performance of this Agreement entitling it to do so. The notified party shall have five (5) da ys from the date of such notice to cure the breach or non-performance. Upon failure of the notified party to do so, this Agreement shall automatically terminate. b. Upon the termination of this Agr eement, whether by expiration of t he original or any extended term or terms hereof, or for any oth er reason, Contractor shall have the right, within a reasonable time after such termination to remove f rom City's premises any and all of Contractor's equipment and oth er property. Except for liability resulting from acts or omissions of a party, arising, taken or omitte d prior to s uch termination, the rights and obligations of each party resulting from this Agreement shall cease upo n such termination. Any prior liability of a party shall survive termination of this Agreement. c. In the event of disso lution, termination of existence, insolvency, appointment of a receiver, assignment for the benefit of credito rs, or the commencement of any proceeding un der any bankruptcy or insolvency law, or th e service of any warra nt, attachment, levy or similar process involving Contractor, City may, at its option in addition to any other remedy to which City may be entitled, immediately terminate this Agreement by notice to Contractor, in which event, this Agreement shall terminate on the notice becoming effective. 47. Notice. Required notices to the Contractor shall be in writing, and shall be either hand-delivered to the Contractor, its employees or agents, or mailed to the Contractor by certified mail at the following address: Notices to the City shall be in writing and shal I be either hand-delivered or mailed to the City by certified mail at the following address: Page C-6 City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Notices shall be deemed effective on the date of receipt. Any party may change its address for the service of notice by giving written notice of su ch change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 48. Independent Contractor. Contractor is an independent contractor engaged by City to perform the services described herein and as such (i) sha II employ such persons as it shall d eem necessary and appropriate for the performance of its obligations pur suant to this Agreemen t, who shall be employees, and under the direction, of Contractor and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equip ment on behalf of City, o r otherwise bind or obligate City. No statement herein shall be construed so as to find the Contractor an employee of the City. 49. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 50. Audit Disclosure and Data Practices. Any reports, information, data, etc. given to, or prepared or assembled by the Contractor under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. The books, records, documents and accounting procedures and practices of the Contractor or other parties relevant to this Agreement are subject to examination by the City and either t he Legislative Auditor or the State Auditor for a period of six (6) years after the effect ive date of this Agreement. The Contractor shall at all times abide by Minn. Stat. 13.01 et seq., the Minnesota Govern ment Data Practices Act, to the extent the Act is applicable to data and documents in th e possession of the Contractor. 51. Non-Discrimination. During th e performance of this Agreemen t, the Contractor shall not discriminate against any e mployee or applicant fo r employment because of race, color, cr eed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. Th e Contractor shall po st in places available to e mployees and applicants for employment, notices setting forth the provision of this non-discriminatio n clause and stating that all qualified applicants will receive consideration for employment. The Contractor shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for su ch work to in corporate such requirements in a II subcontracts for program work. The Contractor further agrees to comply with all aspect s 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. 52. Conflicts. No salarie d officer or employee of the City and no member of t he Council, or Commission, or Board of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the agreement void. Any federal regulations and applicable state statutes shall not be violated. 53. Employees. Contractor agrees not to hire any empl oyee or former employee of City and City agrees not to hire any employee or former employ ee of Contractor prior to termination of this Agreement and for one (1) year thereafter, without prior written conse nt of the former e mployer in each case. Page C-7 54. Rights and Remedies. The duties and obligations imposed by this Ag reement 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. 55. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 56. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Agreement or thereafter of any of the rights or remedies of the City under this Agreement. 57. Mediation. Each disp ute, claim or controversy arising from or related to this agre ement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the med iation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be h eld in the city of one of the Voting Members unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in a ny court having jurisdiction thereof. 58. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 59. Severability. The provisions of t his Agreement are severable. If a ny 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. 60. Waiver. No action nor failure to act by the City or the Contractor shall const itute a waiver of any right or duty afforded any of the m under the Agreement, nor shall any such action or failure to act constitute an approval of or acquie scence in any breach thereunder, except as may be specifically agreed in writing. 61. Entire Agreement. The entire a greement of the parties is containe d herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any p revious agreements presently in effect between the partie s relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only whe n expressed in writing and duly signed by the parties, unless otherwise provided herein. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Page C-8 Mayor City Manager CONT RACTOR By: Its: Page 1 C-9 Appendix D Standard Contract for Goods and Services For minor and straightforward services under $5,000, and for goods purchases that are simple and have no complicating factors, the City's "Standard Contract for Goods and Services" should be used. The "Standard Contract for Goods and Services" can be found on the following pages of Appendix D. Page 1 D-1 Standard Purchasing Contract This Contract ("Contract") is made on the day of , 20 , between the City of Eden Prairie, Minnesota (hereinaft er "City"), whose business addre ss is 8080 Mitchell Road, Eden Prairie, MN 55344, and , a Minnesota (hereinafter "Vendor") whose b usiness address is Preliminary Statement The City ha s adopted a policy regarding the se lection and hiring of vendors to provide a vari ety of goods and/or services for the City. That policy require s that persons, firms or corporations p roviding such goods and/or services enter into written agreements with the City. The purpose of this Contract is to set forth the terms and condit ions for the provision of goods a nd/or services by Ven dor for hereinafter referred to as the "Work". The City and Vendor agree as follows: 62. Scope of Work. The Vendor agrees to provide, perform and complete all the provisions of the Work in accordance with attached Exhibit A. The terms of this Contract shall take precedence over any provisions of the Vendor's proposal and/or general conditions. 63. Term of Contract. All Work under this Contract shall be provided, performed and/or completed by 64. Compensation for Services. City agrees to pay the Vend or [a fixed sum of$ 1 OR [an hourly sum of$ , with total p ayments not to exceed 1 as full and complete payment for the goods, labor, materials and/or services rendered pursuant to this Contract and as described in Exhibit A. 65. 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. 66. Staffing. The Vendor has designa ted to perform t he Work. They shall be assisted by other staff members as necessary to facilitate the completion of the Wo rk 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] 67. Standard of Care. Ve ndor shall exercise the same degree of car e, skill and diligence in the performance of its services as is o rdinarily exercised by members of t he profession under similar circumstances in Hennepin County, Minnesota. 68. Insurance. a. General Liability. Vendor shall maintain a general liability insurance policy with limits of at least $1,500,000.00 for each person, and ea ch occurrence, for both personal injury and Page D-2 property damage. Ve ndor shall provide City with a Certificate of Insurance verifying insurance coverage before providing service to the City. b. Worker's Compensation. Vendor shall secure a nd maintain such insur ance 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 f rom the performance of Vendor's services under this Contract. 69. Indemnification. Vendor will indemnify City and hold it harmless from and against all judg ments, 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 re suiting from any breach of this Contra ct by Vendor 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 Ven dor harmless from and against any loss for injurie s or damages arising out of the negligent acts of the City, its agents or employees. 70. Termination. This Contract may be terminated by either party by se yen (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. 71. Independent Contractor. At all times and for all purpose s herein, the Vendor is an indepen dent 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. 72. Non-Discrimination. During the performance of this Co ntract, the Vendor shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status wit h regard to public assistance, disability, or age. The Vendor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-d iscrimination clause and stating t hat all qua lified applicants will re ceive consideration for employment. T he Vendor further agrees to comp ly with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Ci vil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 73. 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. 74. Services Not Provided For. No claim for se rvices furnished by Vendor not spe cifically provided for in Exhibit A shall be honored by the City. 75. Compliance with Laws and Regulations. Vendor is responsible for knowing of and abiding by all statutes, ordinances, rules and regulations pertaining to the type of se rvices provided pursuant to this Contract; including, as ap plicable, the Minnesota D ata Practices Act, Minn esota Statutes Section 13, as amended, and Minnesota Rules promulgated pursuant to Chapter 13. 76. Audits. The books, records, docu ments, and accounting procedures and practices of the Ve ndor or other parties relevant to this a greement are subject t o examination by the City and either Legislative Auditor or t he State Auditor for a period of six years after the effective date of this contract. Page D-3 77. Conflicts. No salarie d officer or employee of the City and no member of t he Council, or Commission, or Board o f the City shall have a fi nancial interest, direct or indirect, in this contract. The violation of this pr ovision renders the contract void. Any federal regulations and applicable state statutes shall not be violated. 78. Damages. In the event of a breach of this Contract by the City, Ven dor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 79. Governing Law. This Contract shall be controlled by the laws of the State of Minnesota. 80. Severability. The provisions of this Contract are severa ble. If any portion her eof 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. 81. Entire Agreement. The entire a greement of the part ies is conta fined herein. This Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any p revious agreements presently in effect between the partie s 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, u nless otherwise provided herein. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager VENDOR By: Its: Page D-4 Appendix E Standard Agreement for Professional Services For professional services, the City's "Standard Agreement for Professional Services" should be used. This contract should be used for professional services such as training, architects, auditors, and lawyers. The "Standard Agreement for Professional Services" can be found on the following pages of Appendix E. Page E-1 Standard Agreement for Professional Services This Agreement ("Agreement") is made on the day of , 20 , between the City of Eden Prairie, Minnesota (hereinafter"City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and , a Minnesota (hereinafter"Consultant") whose business address is Preliminary Statement The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional services f or City projects. That policy req uires that persons, firms or corporation s providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of professio nal services by Consultant for hereinafter referred to as the "Work". The City and Consultant agree as follows: 1. Scope of Work. The Consultant agrees to provide the professional services shown in Exhibit A ( ) in connection with the Work. The terms of this Agreement shall take precedence over any provisions of the Consultants proposal and/or general conditions including proposals and/or general conditions. If the Co nsultants proposal is attached as the Exhibit A Scope of Work, City reserves the right to reject any general conditions in such proposal. 2. Term. The term of thi s Agreement shall be from _ through _ the date of signature by the parties notwithst anding. Th is Agreement may b e extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated. 3. Compensation for Services. City agrees to pay the Consultant on an hourly basis plus expenses in a total amount not to e xceed $ for the services as d escribed in Exhibit A. A. Any changes in the scope of t he work which may result in an increase t o the compensation due the Consultant shall require prior written approval by an authorized representative of the City or b y the City Co uncil. The City will not pay addi tional compensation for services that do not have prior written authorization. B. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City. C. If Consultant is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for perfor mance shall be extended by a period of time lost b y reason of the delay. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. 4. City Information. The City agree s to provide the Consultant with th e complete information concerning the Scope of the Work and to perform the following services: Page E-2 A. Access to the Area. Depending on the nature of the Work, Consultant may from time to time require access to public and private lands or property. As may be necessary, the City shall o btain access to an d make all provisions for th e Consultant to enter upon public and private lands or propert y as required for the Consultant to perform such services necessary to complete the Work. B. Consideration of the Consultant's Work. The City shall give thorough consideration to all reports, sketches, estimates, dra wings, and other documents pre sented by the Consultant, and shall in form the Consultant of all decisio ns required of City wit hin a reasonable time so as not to delay the work of the Consultant. C. Standards. The City shall furnish the Consultant with a copy of any standard or criteria, including but not limited to, design and construction standards that may be required in the preparation of the Work for the Project. D. City's Representative. A person shall be appointed to act as the City's representative with respect to the work to be perfo rmed under this Agree ment. He or she sha II have complete authority to transmit instru ctions, receive information, interpret, and define the City's policy and decisions with respect to the services provided or materials, equipment, elements and systems pertinent to the work covered by this Agreement. 5. Method of Payment. The Consultant shall su bmit to the City, on a monthly basis, an itemized invoice for professional services performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City for: A. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall indicate for each employee, his or her name, job title, the number of hours worked, rate of pay for e ach employee, a comp utation of amounts due for each e mployee, and the total amount due for each project task. Consulta nt shall verify all statements submitted for payment in compliance with Min nesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhi bit A, the Consultant shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain th e City's project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract. B. Suspended Work. If any work performed by the Consultant is suspended in whole or in part by the City, the Consultant sha II be pai d for any services set forth on Exhibit A performed prior to receipt of written notice from the City of such suspension. C. Payments for Special Consultants. The Consultant shall be reimbursed for the work of special consultants, as described herein, and for other items when authorized in writin g by the City. D. Claims. To receive any payment on this Agreement, the invoice or bill must includ e the following signed and dated statement: "I decla re under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." 6. Project Manager and Staffing. The Consulta nt has designated to serve on the Project. They shall be assi sted by other staff me mbers as necessary to facilitate the completion of the Work in a ccordance with the ter ms established herein. Consultant may not remove or replace the designated staff from the Project without the approval of the City. Page E-3 7. Standard of Care. Consultant shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the prof ession under similar circumstances in Hennepin County, Min nesota. Consultant sha II be liable to the fullest extent permitted under applicable law, without lim itation, for any injuries, to ss, or damages proximately caused by Consultant's breach of this standard of care. Consultant sh all put forth reasonable efforts to complete its duties in a timely manner. Consultant shall not be responsible for delays caused by fa ctors beyond its control or that could not be rea sonably foreseen at the time of e xecution of this Agreeme nt. Consultant shall be responsib le for costs, delays or damages arising from unreasonable delays in the performance of its duties. 8. Audit Disclosure. Any reports, inf ormation, data, etc. given to, or prepared or assembled by the Consultant under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. The books, records, documents and accounting procedures and practices of the Consultant or other parties relevant to this Agreement are sub ject to examination by th e City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement. The Consultant shall at all times abide by Minn. Stat. 13.01 et seq., the Minnesota Government Data Practices Act, to the extent the Act is applicable to data and documents in the possession of the Consultant. 9. Termination. This Ag reement may be terrain ated by either party by seven (7) days written notice delivered to the other party at the address written above. Upo n termination under this provision, if there is n o fault oft he Consultant, the Consultant sh all be paid for service s rendered and reimbursable expenses until the effective date of termination. If however, the City terminates the Agreement because the Consultant has failed to perform in accordance with this Agreement, no further payment s hall be made to the Consultant, and the City ma y retain another consultant to undertake or complete the Work identified herein. 10. Subcontractor. The Consultant shall not enter into subcontracts for services provided under this Agreement except as noted in the Scope of Work, without the express written consent of the City. The Consultant shall p ay any subcont ractor involved in the performance of this Agreement within ten (10) days of the Consultant's receipt of payment by the City for undisputed services provided by t he subcontractor. If the Consultant fails within that time to pay the subcontractor any undisputed amount for which t he Consultant has r eceived payment by the City, the Consultant shall pay interest to the subcontractor on the unpaid amount a t the rate of 1.5 percent per month or any part of a month. T he minimum monthly interest penalty payment for an unpaid balance of$100 or more is $10. For an unp aid balance of less than $100, the Consultant shall pay the actual inte rest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Consultant shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 11. Independent Consultant. Consultant is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pur suant to th is Agreement, who shall be employees, and under the direction, of Consultant and in no respect employees of City, and (ii) shall have no authorit y to employ persons, or make purchases of eq uipment on behalf of City, or otherwise bind or obligate City. No state ment herein shall be construed so as to find the Consultant an employee of the City. 12. Insurance. Page 1 E-4 A. General Liability. Prior to starting the Work, Consultant shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Consultant or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. The policy(ies) shall name the City as an additional insured for the services provided under this Agreement and shall provide that the Consultant's coverage shall be primary and noncontributory in the event of a loss. B. Consultant shall procure and maintain the following minimum insurance coverages and limits of liability on this Project: Worker's Compensation Statutory Limits Employer's Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Comprehensive General Liability $1,500,000 property damage and bodily injury per occurrence $2,000,000 general aggregate $2,000,000 Products— Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles. Umbrella or Excess Liability $1,000,000 C. The Comprehensive General/Commercial General Liability policy(ies) shall be equivalent in coverage to ISO form CG 0001, and shall include the following: a. Premises and Operations coverage with no explosions, collapse, or underground damage exclusion (XCU). b. Products and Completed Operations coverage. Consultant agrees to maintain this coverage for a mini mum of two (2) years f ollowing completion of its work. Said coverage shall apply to bodily injury and property damage arising out of the products-completed operations hazard. c. Personal injury with Employment Exclusion (if any) deleted. d. Broad Form CG0001 0196 Contractual Liability coverage, or its equivalent. e. Broad Form Property Damage cove rage, including completed operations, or its equivalent. f. Additional Insured Endorsement(s), naming th e "City of Eden Prairie" as an Page E-5 Additional Insured, on ISO form CG 20 10 07 04 or such other endorsement form as is approved by the City. g. If the Work to be performed is o n an atta ched community, there sh all be no exclusion for attached or condominium projects. h. "Stop gap" coverage for work in t hose states where Wo rkers' Compensation insurance is provided through a stat e fund if E mployer's liability coverage is no t available. Severability of Insureds provision. D. Professional Liability Insurance. The Consultant agrees to provide to the City a certificate evidencing that they have in effect, with an insurance company in good standing and authorized to do business in Minnesota, a professional liability insurance policy. Said policy shall insure payment of damage for legal liability arising out of the performance of professional services for the City. Said policy shall provide an aggregate limit of$2,000,000. Said policy shall not name the City as an insured. E. Consultant shall maintain in effect all insurance coverages required under this Paragraph at Consultant's sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. In addition to the requirements stated above, the following applies to the insurance policies required under this Paragraph: a. All policies, except the Professional Liability Insurance policy, shall be written on an "occurrence" form ("claims made" and "mo dified occurrence" forms are not acceptable); b. All policies, except the Professional Liability Insurance policy, shall be apply on a "per project" basis; c. All policies, except t he Professional Lia bility Insurance and Worker's Compensation Policies, shall contain a waiver of subrogation naming "the City of Eden Prairie"; d. All policies, except t he Professional Lia bility Insurance and Worker's Compensation Policies, shall name "the City o f Eden Prairie" as an a dditional insured; e. All policies, except t he Professional Lia bility Insurance and Worker's Compensation Policies, shall in sure the defense and in demnity obligations assumed by Consultant under this Agreement; and f. All polices shall contain a provision that coverages afforded there under shall not be canceled or non-renewed, nor shall coverage limits be re duced by endorsement, without thirty (30) days prior written notice to the City. A copy of the Consultant's Certificate of Insurance which evidences the compliance with this Paragraph 20, must be filed with City prior to the start of Consultant's Work. Upon request a copy of the Consultant's insurance declaration page, Rider and/or End orsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City an d shall provide satisfactory evidence that Consultant has complied with all insurance requirements. Ren ewal certificates shall be provided to Cit y prior to th e expiration date of an y of the required Page E-6 policies. City will not b e obligated, however, to review such Certificat e of Insura nce, declaration page, Rider, Endorsement or certificates or other evidence of insurance , or to advise Consultant of any deficiencies in such documents and receipt thereof shall not relieve Consultant from, nor be deemed a wai ver of, City's right to enforce the terms of Consultant's obligations hereunder. City re serves the rig ht to examine any policy provided for under this paragraph. F. Effect of Consultant's Failure to Provide Insurance. If Consultant fails t o provide the specified insurance, then Consultant will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of a ny strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or o mission (including breach of contract) of Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that this indemnity shall be construed and applied in favor of indemnification. Consultant also agrees that if applicable law limits or precludes any aspect of this i ndemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Consultant to: a. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or b. Furnish a written acceptance of tender of defense and indemnity from Consultant's insurance company. Consultant will take th e action req uired by the City within fifteen (15) d ays of receiving notice from the City. 13. Indemnification. Consultant agrees to defend, indemnify and hold the City, its officers, an d employees harmless fr om any liability, cla ims, damages, cost s, judgments, or expenses, including reasonable attorney's fees, to the e xtent attributable to a negligent or otherwise wrongful act or omission (including without limitation profe ssional errors or omissions) of the Consultant, its agents, employees, or subcontra ctors in the performance of the services provided by this Agree ment and against all to sses by reason of the failure of said Consultant fully to perform, in any respect, a II obligations under this Agreement. Consultant further agrees to indemnity the City for defense costs in curred in defending any claims, unless the City is determined to be at fault. 14. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement ("Information") shall become the property of the City, but Consultant may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the C onsultant also may use the Information for its purposes. Use of th e Information for the purposes of the project contemplated by this Agreement ("Project") does not relie ve any liability on the part of the Consultant, but any use of the Information by the City or the Consultant beyond the scope of the Page 1 E-7 Project is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 15. Non-Discrimination. During the performance of this A greement, the Consult ant shall n of discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with reg and to public assistan ce, disability, sexual orientation or age. The Consultant shall post in places available to employees and applicants for employment, notices setting forth the provision of this n on-discrimination clause and stating that all q ualified applicants will receive consideration f or employment. The Consultant shall incorporate the f oregoing requirements of this p aragraph in all of its subcontracts for program work, a nd will require all of i is subcontractors for such work to incorporate such requirements in a II subcontracts for program work. The Consult ant further agrees to comply with all aspe cts of the Minn esota Human Rights Act, Minnesota Statute s 363.01, et. seq., Title V I of the Civil Rights Act of 1964, and the Ameri cans with Disabilities Act of 1990. 16. Audit Disclosure and Data Practices. Any reports, in formation, data, etc. g iven to, or prepared or assembled by the Cons ultant under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. The books, records, documents and accounting procedures and practices of the Consultant or other parties re levant to this Agreement are subject to examin ation by the City and either the Legislative Audit or or the State Auditor for a period of six (6) years after the effective date of this Agreement. The Consultant shall at all times abide by Minn. Stat. 13.01 et seq., the Minnesota Government Data Practices Act, to the extent the Act is applicable to data and documents in the possession of the Consultant. 17. Mediation. Each disp ute, claim or controversy arising from or related to this agre ement shall be subject to mediation as a condition preced ent to initiating arbitration or legal or equitabl e actions by either party. Unless t he parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unle ss a longer period of time is provi ded by agreement of t he parties. Cost of mediation sh all be share d equally between the parties. Mediation shall be held in the city of one of the Voting Memb ers unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from th e mediation in a mediated settle ment agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. 18. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 19. Services Not Provided For. No claim for services furnishe d by the Consultant not specifically provided for herein shall be honored by the City. 20. Severability. The provisions of th is Agreement are severable. If any portion hereof is, for an y reason, held by a court of competent jurisdictio n to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 21. Entire Agreement. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiatio ns between the parties relating to the subject Page E-8 matter hereof as well as any pre vious agreements presently in eff ect between the part ies relating to the subject matter hereof. Any alte rations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and du ly signed by the parties, unless otherwise provided herein. 22. Waiver. Any waiver b y either party of a breach of any provisions of t his Agreement shall no t affect, in any respect, the validity of the remainder of this Agreement. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, dire ct or indire ct, in this Agreement. The violation of this provision renders the Agreement void. Any fe deral regulations and a pplicable state statutes shall not be violated. 25. Counterparts. This Agreement ma y be executed in multiple counterparts, each of which shall be considered an original. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager FIRM NAME By: Its: Page E-9 Appendix F Performance Bond The City's "Performance Bond" can be found on the following pages of Appendix F. Page 1 F-1 PERFORMANCE BOND BOND NO. PENAL SUM $ KNOW ALL MEN BY THESE PRESENTS that we, , ("Principal"), and , a corporation organized under the laws of the State of and duly authorized to transact business in the State of Minnesota, ("Surety"), are held and firmly bound unto the City of Eden Prairie, a public corporation, ("Obligee"), in the penal sum of DOLLARS ($ ) for the payment whereof well and truly to be m ade, the principal and the Sure ty bind themselves, their heirs, executors, adm inistrators, successors, and assigns,jointly and severally, firmly by these presents. WHEREAS the Principal and the Obligee have entered into an Agreement, dated the day of , 20 , ("Agreement")which agreement is by reference made a part hereof, as if fully set forth. NOW, THEREFORE, the condition of this obligati on is such that the if Principal,his heirs, executors, successors, and assigns shall in all things well and truly perform and observe all of the covenants, agreements, and conditions on their part to be perform ed and observed which are contained in the Agreement then this obligation shall be void; otherwise,it shall remain in force. SIGNED, sealed, and dated this day of ,20_• By Principal By Attorney-in-fact Page 1 F-2 Appendix G Payment Bond The City's "Payment Bond" can be found on the following pages of Appendix G. Page 1 G-1 PAYMENT BOND BOND NO. PENAL SUM$ KNOW ALL MEN BY THESE PRESENTS that we, ("Principal"), and , a corporation organized under the laws of the State of and duly authorized to transact b usiness in the State of Minnesota, ("Surety"), are held and firmly bound unto the City of Eden Prairie, a public corporation("Obligee"), in the penal sum of DOLLARS ($ ), for the payment whereof well and truly to be made, the principal and the Sur ety bind themselves, their heirs, exec utors, administrators, successors, and assigns,jointly and severally, firmly by these presents. WHEREAS the Principal and the Obli gee have ente red into an Agreement,dated the_ day of , 20 , ("Agreement")which agreement is by reference made a part hereof, as if fully set forth. NOW, THEREFORE, the condition of this obligat ion is such that the if Principa 1, its heirs, executors, administrators, successors, or assigns, or a subcontractor, shall fail to pay any person or persons furnishing labor and/or materials, as defined in Minnesota Statute Section 574.26,pursuant to the Agreement, then Surety will pay for the same, in or to an amount not exceeding the penal sum of this bond, set forth, and also will pay in case suit is brought upon this bond, such reasonable attorney's fees as shall be fixed by the court. This bond shall inure t o the benefit of any persons furnishing labor and/or materials, as defined in Minnesota Statute Section 574.2 6, pursuant to the Agreem ent, so as to give a right of action to such person or their assigns in any suit brought upon this bond. It is further stipulated and agreed that the Surety of this bond shall not be exonerated or released from the obligation of the bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract,plans, specific ations, or agre ement pertaining or relating to any scheme or work of improvement hereinabove described or pertaining or relating to the furnishing of labor,materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any p ayment pertaining or relating to a ny scheme or work of im provement hereinabove described,nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond,nor b y any fraud practiced by any person other than the claimant seeking t o recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given,by reason on any breach of the Agreement,but the sole conditions of recovery shall be that claimant is a person furnishi ng labor and/or materials, as defined in Minnesota Statute Section 574.26, pursuant to the Agreement, and has not been paid the full amount of his/her or its claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned. SIGNED, sealed, and dated this day of ,20 . By Principal By Attorney-in-fact Page 1 G-2 Appendix H Human Services Agreement (PROP) The City's "Human Services Agreement (PROP)" can be found on the following pages of Appendix H. Page 1 H-1 CITY OF EDEN PRAIRIE HUMAN SERVICES AGREEMENT THIS AGREEMENT is made and executed the 1 st day of January, 2012 by and between the Cit y of Eden Prairie, ("City"), located at 808 0 Mitchell Road, Eden Prairie, MN 5 5344-2230 and PROP— People Reaching Out to Other People("Provider"),located at 14700 Martin Drive,Eden Prairie 55346. WHEREAS, City recognizes the need for services that focus on supporting residents with low-incomes or special needs,that focus on prevention and early intervention, build on strengths and resources of families, and that are culturally; and WHEREAS,Provider provides such services and City desires to hire Provider to perform such services. NOW THEREFORE, in consideration of the m utual covenants and agreements contained herein the parties agree as follows: 1. Term and Termination: 1.1 Term: The term of this Agreement shall be one year commencing on January 1, 2012 ("Commencement Date")and terminating on December 31,2012 ("Termination Date"). 1.2 Termination: This Agreem ent may be terminated by City, at its sole discret ion, upon thirty (30) days notice to Provider in the event that the Cit y determines that funding for the services provided by Provider are no longer necessary or in the public interest. This Agreement may be terminated by the City, at its sole discretion, immediately if the City does not obtain funding or if funding cannot be continued at a level sufficient to allow for the payment of the services covered herein. Th is Agreement may be terminated by City, at its sole discretion, i mmediately if Provider bre aches this A greement in any way. Termination must be by written notice to the Provider. The City is not obligated to pay for any services that are provided after notice and effective date of termination. However, the Provider will be entitled to pa yment, determined on a pro r ata basis, for services satisfactorily performed to the extent that funds are available. The City must provide the Provider notice of the lack of funding within a reasonable time of the City's receiving that notice. 2. Provider's Duties: 2.1 Services: Provider shall provide the services as set forth on Exhibit A, attached hereto and incorporated herein by reference. 2.2 Insurance: Provider shall maintain insurance, as specified in this Section 2. 2, for the term of this Agreement. Prior to the commencement date of th is Agreement Provider shall submit to City certificates of insurance. All required insurance policies shall list the City as an additional ins ured and provide that the policies shall not be terminated or modified unless the City has first been notifie d in writing thirty(30) da ys prior to the cancellation or modification. Page 1 H-2 2.2.1 General Comprehensive Liability Insurance: Provider shall maintain general comprehensive liability insurance in the am ount of at least$500,000.00 per indivi dual and$1,500,000.00 per occurrence. 2.2.2 Professional Liability Insurance: Provider shall maintain profe ssional liability insurance in the amount of at least$1,500,000.00 per occurrence. 2.2.3 Worker's Compensation: Provider shall maintain worker's compensation insurance coverage required pursuant to Minn. Stat. § 176.181, subd. 2 and shall provide to the Commission prior to execution of this agreement the certificate of insurance or the written order of the Com missioner of Co mmerce permitting self insurance of worker's compensation insurance coverage that is current and in force and effect. 3. City's Duties: City shall pay Provider$31,000 for the services rendered by Provider for the term of this Agreement. Payments shall be made in four equal installments on a quarterly basis. To receive p ayment, Provider shall su bmit an invoice detailing the services provided for the quarter which shall also include the following si gned and date d statement: "I declare u nder penalty of perjury that this account,claim, or demand is just and correct and that no part of it has been paid." 4. Miscellaneous Provisions: 4.1 Independent Contractor: Provider shall at all times be an independent contractor. Nothing contained in this Agreement shall in any way create, or be construed to create, a partnership, an agency relationship, or an employment relationship between City and Provider. 4.2 Data Practices Act: The Provider shall at all times abide by the Minnesota Government Data Practices Act,Minn. Stat. §1301, et seq.,to the extent that the Act is applicable to data and documents in the hands of the Provider. 4.3 Audits: The books,records, documents, and accounting procedures and practices of the Provider or other parties relevant to this agreement are subject to examination by the Commission and either the Legislative Auditor or the State Auditor for a period of six years after the Termination Date. 4.4 Income Tax Withholding: No final payment shall be made to the Provider until the Provider has provided satisfactory evidence to the Commission that the Provider and each of its subcontracts has complied with the provisions of Minn. Stat. § 290.92 relating to withholding of income taxes upon wages. A certificate by the Commissioner of Revenue shall satisfy this requirement. 4.5 Conflicts: No salaried officer or employee of the Commission and no member of the Board of the Commission shall have a financial interest, direct or indirect, in this contract. The violation of this provision renders the Contract void. Any federal regulations and applicable state statutes shall not be violated. 4.6 Discrimination: In performance of this contract,the provider shall not discriminate on the grounds of or because of race, color, creed,religion,national origin, sex,marital status, status with regards to public assis tance, disability, sexual orientation, or age against any employee of the Provider, an y subcontractor of the Page 1 H-3 Provider, or any applicant for em ployment. Th e Provider s hall include a si milar provision in all contracts with subcontractors to this contract. The Provider further agrees to comply with all aspects of the Minn esota Human Rights Act, Minn. Stat. § 363.01 et seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 4.7 Whole Agreement: This Agreement and the attached Exhibit A constitute the final and complete agreement of the parties and shall supersede and replace any prior oral or written agreements between City and Provider. Any subsequent modification must be in writing signed by both parties. 4.8 Governing Law: This Agreement shall be governed and construed under the laws of the State of Minnesota. IN WITNESS WHEREOF the parties to this Agreement have hereunto set their hands as of the date set forth above. CITY OF EDEN PRAIRIE By: Mayor By: City Manager PROVIDER By: Title: Page 1 H-4 Appendix I Human Services Subrecipient Agreement CAPSH The City's "Human Services Sub-recipient Agreement CAPSH" can be found on the following pages of Appendix I. Page 1-1 SUBRECIPIENT AGREEMENT CITY OF EDEN PRAIRIE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM THIS AGREEMENT made and entered into by and between the CITY OF EDEN PRAIRI E, hereinafter referred to as "Recipient," 8080 Mitc hell Road, Eden Prairie, Minnesota, 55344, and Community Action Partnership of Suburban Hennepin County, hereinafter referred to as "Subrecipient," 8800 Highway 7, Suite 401, St. Louis Park, MN 55426. WITNESSETH WHEREAS, Recipient has received a$243,436.00 Federa 1 Department of Housing and Urba n Development Fiscal Year 2012 Co mmunity Development Block Grant(CDBG) Program (Catalog of Federal Domestic Assistance (CFDA) num ber 14-218) entitlement allocation under Title I of the Housing and Comm unity Development Act of 1974, as amended, to carry out various community development activities in cooperation with Subrecipi ent, according to the im plementing regulations at 24 CFR Part 570; and WHEREAS, Federal Fiscal Year 2012 CDBG funds and any resulting program income have been approved by Recipient for use by Subrecipient for the im plementation of eligible and fundable community development activity/ies as included in and a part of the 2010 Consolidated Plan, Urba n Hennepin County Community Developm ent Block Grant(C DBG) and as set forth in Exhibit 1 to this Agreement; and WHEREAS, the Subrecipient agrees to assume certain responsibilities for the implementation of the approved activities described in Exhibit 1 a nd in the 2010 Consolidated Plan, Urban He nnepin County CDBG and the Certifications contained therein. NOW, THEREFORE,the parties hereunto do hereby agree as follows: 1. SCOPE OF SERVICES 1.1. The Subrecipient shall expend all or any pa rt of its CDBG allocation only on those activities identified in Exhibit 1, s ubject to the requirements of this Agreement and the stipulations and requirements set forth in Exhibit 1 to this Agreement. 1.2. The Subrecipient shall take all necessary actions, not only to comply with the stipulations as set out in Exhibit 1,but to comply with any requests by the Recipient in that connection; it being understood th at the Recipient is responsi ble to the Departm ent of Housing and Urban Development (HUD) for ensuring com pliance with such requirements. The Subrecipient also will promptly notify the Recipient of any changes in the scope or character of the activity/ies which it is implementing. 1.3. At the request of the Recipient, on a form to be provided, the Subrecipient shall submit a schedule, corresponding to the term of this Agreem ent, showing milestones for activity Page I I-2 implementation and timely expend iture of funds and will p rovide other information as requested to assure compliance with HUD timeliness requirements. 2. TERM OF AGREEMENT The effective date of this Agreem ent is July 1, 2012. The term ination date of this A greement is June 30, 2013, or at such tim e as the activity/ies constituting part of this Agreem ent are satisfactorily completed prior thereto. Upon expira tion, the Subrecipient sh all relinquish to the Recipient all prog ram funds unexpended an d uncommitted, and all accoun is receivable attributable to the use of CDBG funds for the activities described in Exhibit 1, as m ay be amended. 3. THIRD PARTY AGREEMENTS The Subrecipient may subcontract this Agreement and/or the services to be performed hereunder, whether in whole or in part, on ly with the prior consent of th e Recipient and only through a written Third Party agreement acceptable to the Recipient. The Subrecipient shall not otherwise assign, transfer, or pledge this A greement and/or the services to be performed hereunder, whether in whole or in part, without the prior consent of the Recipient. 4. AMENDMENTS TO AGREEMENT Any material alterations, variations, modifications or waivers of provisions of this Agreem ent shall only be valid w hen reduced to writin g as an Am endment to this Agreem ent signed, approved and properly executed by the authorized representatives of the parties. An exception to this process will be in amending Exhibit 1 to this Agreement. Exhibit 1, shall be deemed amended to conform to any amendments to the Consolidated Plan, as such amendments occur. Any amendments to the Consolida ted Plan, whic h constitute substantial changes, m ust be accompanied by documentation that a local public hearing was conducted and by an authorizing resolution. Amendments that do not constitu to substantial changes may be handled administratively. The Eden Prairie Comm unity Development Director may approve administrative amendments provided they are eligible, fundable and satisfy the objectives of the Consolidated Plan and the CDBG Program. Substantial change is defined as a change in(1) beneficiary; (2)project location; (3)purpose; or (4) scope, (more than a 50 percent increase or decrease in the original budget or$100,000, whichever is greater), in any authorized activity. 5. PAYMENT OF CDBG FUNDS The Recipient agrees to provide the Subrecipi ent with CDBG funds not to exceed$8,000.00 to enable the Subrecipient to carry out its CDBG-eligible activity/ies as described in Exhibit 1. It is understood that the Recipient shal 1 be held accountable to HUD for the lawful expenditure of Page I I-3 CDBG funds under this Agreem ent. The Recipient shall theref ore make no payment of CDBG funds to the Subrecipient and draw no fund s from HUD/U.S. Treasury on behalf of a Subrecipient activity/ies, prior to having received a proper documentation from the Subrecipient for the expenses incurred, as well as copies of all documents and records needed to ensure that the Subrecipient has complied with the appropriate regulations and requirements. 6. INDEMNITY AND INSURANCE 6.1. The Subrecipient does hereby agree to defend, indem nify, and hold harm less the Recipient, its elected o fficials, officers, agents, volunteers and em ployees from and against all costs, expenses, claims, suits, or judgments arising from or growing out of any injuries, loss or dam age sustained by any person or corporation, including em ployees of Subrecipient and property of Subrecipient, which are caused by or sustained in connection with the tasks carried out by the Subrecipient under this Agreement. 6.2. In order to protect Subrecipient and Recipi ent from liability and to effectuate the indemnification provisions hereinabove, each Subrecipient will carry a single lim it or combined limit or excess umbrella commercial general liability policy in an amount equal to, but shall not be required to carry cove rage in excess of, claim limits specified in Minnesota Statutes Section 466.04, as amended. 6.3. This section shall in no way be inte nded by the parties hereto as a waiver of the liability limits specified in Minnesota Statutes Section 466.04, as amended. 7. CONFLICT OF INTEREST 7.1. In the procurem ent of supplies, equipm ent, construction, and services by the Subrecipient, the conflict of interest pr ovisions in 24 CFR 85.36 and OMB Circular A- 110 shall apply. 7.2. In all other cases,the provisions of 24 CFR 570.611 shall apply. 8. DATA PRIVACY The Subrecipient agrees to abide by the provis ions of the Minnesota Government Data Practices Act and all other applicable state and federal laws, rules, and regulations relating to data privacy or confidentiality, and as any of the sam e may be amended. The Subrecipient agrees to defend, indemnify and hold the Recipient, its elected officials, officers, agents, volunteers and employees harmless from any claims resulting from the Subrecip ient's unlawful disclosure and/or use of such protected data. 9. SUSPENSION OR TERMINATION 9.1. If the Subrecipient materially fails to comply with any term of this Agreement or so fails to administer the work as to endan ger the performance of this Agree ment, this shall constitute noncompliance and default. Unless the Subrecipient's default is excused by Page I I-4 the Recipient, the Recipient m ay take one or more of the actions prescribed in 24 CFR 85.43, including the option of immediately canceling this Agreement in its entirety. 9.2. The Recipient's failure to insist upon strict performance of any provision or to exercise any right under this Agreem ent shall not be deem ed a relinquishment or waiver of the same. Such consent shall not constitute a general waiver or relinquishm ent throughout the entire term of the Agreement. 9.3. This Agreement may be cancelled with or with out cause by either party upon thirty (30) days written notice according to the provisions in 24 CFR 85.44. 9.4. CDBG funds allocated to the Subrecipient under this Agreement may not be obligated or expended by the Subrecipient following such date of termination. Any funds allocated to the Subrecipient under this Agreement whic h remain unobligated or unspent follow ing such date of termination shall automatically revert to the Recipient. 9.5. The Recipient may immediately terminate or suspend this Agreement if it does not obtain funding or if funding cannot be continued at a level sufficient to allow for the payment of the services covered herein. Term ination or suspension must be by written notice to the Subrecipient. The Recip ient is no t obligated to pay for an y services that are prov ided after notice and effective date of termination or suspension. However,the Subrecipient will be entitled to p ayment, determined on a pr o rata b asis, for services satisfactorily performed to the extent that funds are av ailable. The Recipient must provide the Subrecipient notice of the lack of funding w ithin a reasonable tim e of the Recipient' s receiving that notice. 10. REVERSION OF ASSETS Upon expiration or termination of this Agreement, the Subrecipient shall transfer to the Recipient any CDBG funds on hand or in the accounts receiva ble attributable to the use of CDBG funds, including CDBG funds provided to the Subrecipient in the for m of a loan. Any real property under the control of the Subrecipient that was acquired or im proved, in whole or in part, using CDBG funds in excess of$25,000 shall either be: 10.1. Used to m eet one of the national objectiv es in 24 CFR 570.208 and not used for the general conduct of government until five years after expiration of this Agreement; or 10.2. Not used in accordance with A. abo ve, in which event the S ubrecipient shall pay to the Recipient an amount equal to the current market value of the property less any portion of the value attributab le to expenditures of non-CDBG funds for acquisition of, or improvement to, the property. The paym ent is program income to the Recipien t. No payment is required after the period of time specified in A. above. 11. PROCUREMENT Page I I-5 The Subrecipient shall be responsible for procurem ent of all supplies, equipm ent, services, and construction necessary for implementation of its activity/ies. Procurement shall be carried out in accordance with the "Common Rule"Adm inistrative Requirements in 24 CFR 85 and all provisions of the CDBG Regulatio ns in 24 CF R 570 (the most res trictive of which will take precedence). The Subrecipient sh all prepare, or caus e to be prep ared, all advertisem ents, negotiations, notices, and docum ents, enter into all contracts, and conduct all m eetings, conferences, and intery iews as necessary to ensure compliance with the abov e described procurement requirements. The Recipient sha 11 provide advice and staff assistance to the Subrecipient to carry out its CDBG-funded activity/ies. 12. ACQUISITION, RELOCATION, AND DISPLACEMENT 12.1. The Subrecipient shall be res ponsible for carrying out all ac quisitions of real property necessary for implementation of the activity/ies. The Subrecipient shall conduct all such acquisitions in its n ame, or in th e name of any of its public, govern mental, nonprofit agencies as authorized by its governing body, which shall hold title to all real property purchased. The Subr ecipient shall be resp onsible for preparation of all notices, appraisals, and documentation required in conducting acquisition under the latest applicable regulations of the Uniform Relocation As sistance and Real Property Acquisition Act of 1970 and of the CDBG Pr ogram. The Subrecip ient shall also be responsible for providing all relocation notices, counseling, and services required by said regulations. The Recipient shall provide advice and staff assistance to the Subrecipient to carry out its CDBG-funded activity/ies. 12.2. The Subrecipient sh all comply with the acqu isition and re location requirements of the Uniform Relocation Assistance and Real Pr operty Acquisition Policies Act of 1970 as required under 24 CFR 570.606 (a) and HUD i mplementing regulations at 24 CFR 42; the requirements in 24 CFR 570.606 (b) govern ing the residential an tidisplacement and relocation assistance plan under section 104 (d) of the Housing and Community Development Act of 1974 (t he Act); the relocation re quirements of 24 CFR 570.606 (c) governing displacement subject to section 104 (k) of the Act; and the requirem ents of 24 CFR 570.606 (d) governing optional relocation a ssistance under section 105 (a) (11) of the Act. 13. ENVIRONMENTAL REVIEW The Recipient shall determine the level of environmental review required under 24 CFR Part 58 and maintain the env ironmental review reco rd on all ac tivities. The Subrecipient shall be responsible for providing necessary information, relevant documents, and public no tices to the Recipient to accomplish this task. 14. LABOR STANDARDS, EMPLOYMENT,AND CONTRACTING Page I I-6 The Recipient shall be responsib le for the preparati on of all requests for HUD for wage rate determinations on CDBG activit ies undertaken by the Subrecipien t. The Subrecipient shall notify the Recipient prior to initiating any activity, including advertising for contractual services which will include costs likely to be subject to the provisions on Federal Labor Standards and Equal Employment Opportunity and related imp lementing regulations. The Recipient will provide technical assistance to the Subrecipient to ensure compliance with these requirements. 15. PROGRAM INCOME If the subrecipient generated any program income as a result of the expenditure of CDBG funds, the provisions of 24 CFR 570.504 shall apply, as well as the following specific stipulations: 15.1. The Subrecipient will notify the Recipient of any program income within ten(10) days of the date such program income is generated. When program incom e is generated by an activity only partially assisted with CDBG funds, the income shall be prorated to reflect the percentage of CDBG funds used. 15.2. Any such program income must be paid to the Recipient by the Subrecipient as soon as practicable after such program income is generated unless the Subrecipient is permitted to retain program income. 15.3. Program income returned to the R ecipient shall be credited to the g rant authority of Subrecipient, whose project generated the program income, and shall be used for fundable and eligible CDBG activities consistent with this Agreement. 15.4. The Subrecipient further recognizes that the Recipient has th e responsibility for monitoring and reporting to HUD on the us e of any such program incom e. The responsibility for appropriate record keeping by the Subrec ipient and reporting to the Recipient by the Subrecipient on the use of such program income is hereby recognized by the Subrecipient. The Recipient agrees to provide technical assistance to the Subrecipient in establishing an appropriate and proper record-keeping and reporting system, as required by HUD. 15.5. In the event of close-out or change in status of the Subrecipient, any program income that is on hand or received subsequent to the close-ou t or change in status shall be paid to the Recipient as soon as practicable after the income is receive d. The Recipient agrees to notify the Subrecipient, should closeout or change in status of the Subrecipient occur. 16. USE OF REAL PROPERTY The following standards shall apply to real prope rty under the control of the Subrecipient that was acquired or improved, in whole or in part,using CDBG funds: Page I-7 16.1. The Subrecipient shall inform the Recipien t at least thirty (30) d ays prior to any modification or change in the use of the real property from that planned at the tim e of acquisition or improvements, including disposition. The S ubrecipient will comply with the requirements of 24 CFR 570.505 to provide the affected citizens the opportunity to comment on any proposed change and to consult with affected citizens. 16.2. The Subrecipient shall reim burse the Recipient in an amount equal to the curr ent fair market value (less any portion thereof attributable to e xpenditures of non-CDBG funds) of property acquired or im proved with CDBG funds that is so ld or transferred for a use which does not qualify under the CDBG regul ations. Said reim bursement shall be provided to the Recipient at the time of sale or transfer of the property referenced herein. Such reimbursement shall not be required if the conditions of 24 CFR 570.503 (b)(7)(i) are met and satisfied. Fair m arket value shall be esta blished by a cur rent written appraisal by a qualified apprai ser. The Recip ient will have the option of requiring a second appraisal after review of the initial appraisal. 16.3. Any program income generated from the dispos ition or transfer of real property prior to or subsequent to the close-out or change of status between the Recipient an d the Subrecipient shall be repaid to the Recipient at the time of disposition or transfer of the property. 17. ADMINISTRATIVE REQUIREMENTS The uniform adm inistrative requirements delineated in 24 CFR 570.502 and any and all administrative requirements or guidelines promul gated by the Recipient sha 11 apply to all activities undertaken by the Subrecipient provided for in this Agreement and to any program income generated therefrom. 18. AFFIRMATIVE ACTION AND EQUAL OPPORTUNITY 18.1. During the performance of this Agreement, the Subrecipient agrees to the following: In accordance with the Minnesota Human Rights Act, no person shall be excluded from full employment rights or participation in, or the benefits of, a ny program, service or activity on the grounds of race, color, creed, relig ion, age, sex, disability, marital status, sexual orientation, public assistance status, or national origin; and no person who is protected by applicable federal or state laws against d iscrimination shall be otherwise subjected to discrimination. 18.2. The Subrecipient will furnish all in formation and reports required to comply with the provisions of 24 CFR Part 570 and all appli cable state and federal laws, rules, and regulations pertaining to discrimination and equal opportunity. 19. NON-DISCRIMINATION BASED ON DISABILITY 19.1. The Subrecipient shall com ply with Section 504 of the Rehabilita tion Act of 1973, as amended, to ensure that no of herwise qualified individual with a handicap, as defined in Page I I-8 Section 504, shall, solely by reason of his or her handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrim ination by the Subrecipient receiving assistance from th e Recipient under Section 106 and/or Section 108 of the Housing and Community Development Act of 1974, as amended. 19.2. When and where applicable, the Subrecipient shall comply with, and make best efforts to have its third party providers comply with, Public Law 101-336 Am ericans With Disabilities Act of 1990, Title I "E mployment," Title II "P ublic Services" — Subtitle A, and Title III"Public Accommodations and services Operated By Private Entities" an d all ensuing federal regulations implementing said Act. 20. LEAD-BASED PAINT The Subrecipient shall comply with the Lead -Based Paint notification, inspection, testing and abatement procedures established in 24 CFR 570.608. 21. FAIR HOUSING Should HUD make a determination that the S ubrecipient has not affirm atively furthered fair housing or has impeded action by the County to co mply with its fair housing certification, the Recipient shall exercise its authority to prohibit the Subrec ipient from receiving CDBG funding for any activities until the violation has been remedied. 22. LOBBYING 22.1. No federal appropriated funds have been paid or will be paid, by or on behalf of the Subrecipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Me mber of Congress, an officer or employee of Congress, or an employee of a Me mber of Congress in c onnection with the awarding of any Fe deral contract, the making of any Fe deral Grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 22.2. If any funds other than Federal appropriated f and have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or em ployee of Congress, or an employee of a Member of Congress in connection with this Fede ral contract, grant, loan or cooperative agreement Subrecipient will complete and submit Standard Form-LLC, "Disclosure Form to Report Lobbying,"in accordance with its instructions. 23. USE OF EXCESSIVE FORCE BY LAW ENFORCEMENT AGENCIES Subrecipient has adopted and is enforcing a policy prohibiting the use of excessive force by law enforcement agencies within its juris diction against any individuals engaged in non-violent civil rights demonstrations; and a policy of enforci ng applicable state and local la ws against Page I I-9 physically barring entrance to or exit from a facility or location which is the subject of such non- violent civil rights demonstrations within its jurisdiction. 24. OTHER CDBG POLICIES The Subrecipient shall corn ply with the appl icable section of 24 CFR 570.200,particularly sections (b) (Special Policies Governing Facilities); (c) (Special Ass essments); (f) (Means o f Carrying Out Eligible Activities); and(j) (Con stitutional prohibitions Concerning Church/State Activities). 25. TECHNICAL ASSISTANCE The Recipient agrees to provide technical assistance to th e Subrecipient in the fo rm of oral and/or written guidance and on-site assistan ce regarding CDBG procedures and project management. This assistance will be provide d as requested by the S ubrecipient and at other times at the initiative of th e Recipient when new or updated information concerning the CDBG Program is received by the Recipient and deemed necessary to be provided to the Subrecipient. 26. RECORD-KEEPING The Subrecipient shall maintain records of the receipt and expenditure of all CDBG funds, such records to be m aintained in accord ance with OMB Circulars A-87 and the "Common Rule" Administrative Requirements in 24 CFR 85 and in accordance with OMB Circular A-110 and A- 122, as applicable. All records shall be m ade available upon request of the Recipient for inspection/s and audit/s by the Recipient or its repr esentatives. If a financial audit/s determines that the Subrecipient has improperly expended CDBG funds, resulting in the U.S. Department of Housing and Urban Developm ent (HUD) disallowing such expenditures, the Recipient reserves the right to recover from the Subrecipient su ch disallowed expenditures from non-CDBG sources. Audit procedures are specified below in Section 28 of this Agreement. 27. ACCESS TO RECORDS The Recipient shall h ave authority to review an y and all procedures and all materials, notices, documents, etc.,prepared by the Subrecipient in implementation of this Agreem ent, and the Subrecipient agrees to provide all inform ation required by any person authorized by the Recipient to request such information from the Subrecipient for the pu rpose of reviewing the same. 28. AUDIT The Subrecipient agrees to provi de Recipient with an annual a udit consistent with the Single Audit Act of 1996, and the im plementing requirements of OM B Circular A-133 "Audits of States, Local Governments and Non-Profit Institu tions," and, as applic able, OMB Circular A- Page I-10 110 "Uniform Requirements for Grants and Agreem ents with Institutions of Higher Education, Hospitals and Non-Profit Organizations" and to certify and assure compliance with the financial standards as set forth in Exhibit 2 to this agreement. 28.1. The audit is to be provided to Recipient on July 1 of each year this Agreement is in effect and any findings of noncompliance affecting the use of CDBG funds shall be satisfied by Subrecipient within six (6)months of the provision date. 28.2. The audit is not required, however, in t hose instances w here less than $500,000 in assistance is received from all Federal sources in any one fiscal year. 28.3. The cost of the audit is not reimbursable from CDBG funds. 28.4. The Recipient reserves the right to recover from the Subrecipient's non-CDBG funds any CDBG expenses which are disallowed by an audit. 28.5. The Chief Financial Officer of the Subrecipient signs Exhibit 2. Page I-11 RECIPIENT EXECUTION The Eden Prairie City Council having duly approved this Agreem ent on August 21, 2012 pursuant to Resolution No. 2012- and the proper city officials having signed this Agreement, the Recipient Agrees to be bound by the provisions herein set forth. Date: August 21, 2012 CITY OF EDEN PRAIRIE By: By: Its: Mayor Its: Ci Mana er STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) This instrument was acknowledged before m e this 21st day of A ugust, 2012, by Nancy Tyra- Lukens, the Mayor of the City of Eden Prairie and by Rick Getschow, the City Mananger of the City of Eden Prairie. Notary Public Page I-12 SUBRECIPIENT EXECUTION Subrecipient, having signed this Agreem ent, and pursuant to such approval and the proper officials having signed this Agreem ent, Subrecipient agre es to be bound by the provisions of this Agreement. Date: SUBRECIPIENT: Community Action Partnership of Suburban Hennepin County(CAPSH) By: By: Its: Its: STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowle dged before m e this day of , 2012, by and , the and the of , a Minnesota on behalf of said Notary Public My Commission Expires Page I-13 EXHIBIT 1 Funds may be used for emergency car repair assistance for qualified Eden Prairie residents. Community Action Partnership of Suburban Hennepin(CAPSH) serves as the fiscal agent and administrator of the program. Staff at CAPSH are responsible for determining eligibility, authorizing services related to the safety and drivability of the motor vehicle, making payments to garages for car repairs, and tracking and reporting on services. Page I-14 SUBRECIPIENT AGREEMENT CITY OF EDEN PRIAIRE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM EXHIBIT 2 ASSURANCE AND CERTIFICATION In connection with our responsibilities to manage the Fiscal Year 2012 Community Development Block Grant(CDBG)program funds that have been provided to our organization, we certify and assure that we are in compliance with the financial standards set forth in Federal Offic e of Management and Budget (OMB) Circular A-110. Specifically, our organization's financial management system provides for the following: 1. Accurate, current, and complete disclosure of the financial resu Its of each federally sponsored project or program in accordance with the reporting requirem ents set forth in OMB Circular A-110. 2. Records that identify adequately the source and applic ation of funds for federally sponsored activities. T hese records contain information pertaining to federal awards, authorizations, obligations,unobligated balances, assets, outlays, and income. 3. Effective control over and accountability for al 1 funds,property, and other assets. These assets are adequately safeguarded and are used solely for authorized purposes. 4. Comparison of actual outlays with budget amounts for each grant or other agreement and, whenever appropriate or required, corn parisons of financial inform ation with performance and unit cost data. 5. Procedures to minimize the elapsed time between the transfer of funds from the city to our organization and the disbursement of funds by our organization. 6. Procedures for determ ining the reasonableness, allowability, and alloc ability of costs in accordance with the provisions of the applicable federal cost principles and the terms of the grant or other agreement. 7. Accounting records that are supported by source documentation. 8. Annual audits by a firm of independent ce rtified public accountan is to ascertain the effectiveness of the financial m anagement systems and internal proced ures that we have established to meet the terms and conditions of the federal grants and other agreem ents. The audits are conducted on an organization wide-basis and include an appropriate sampling of federal agreements. 9. A systematic method to assure tim ely and appropriate resolution of audit findings and recommendations. Page I-15 10. Organizations (subrecipients) that receive CDBG funds from us are required to com ply with the financial management standards set forth in this certification. This assurance and certification is given in connection with any and a 11 CDBG funds received after the date this form is signed. This includes payments after such date for financial assistance approved before such date. The undersigned recognizes and aggress that any such assistance will be extended in reliance on the rep resentations and agreem ents made in this as surance. This assurance and certification is binding on this or ganization, its subrecipients, and on the author ized official whose signature appears below. Date Organization Name By: Chief Financial Officer Page I-16 Appendix J Entertainment Services Contract Cover The City's "Entertainment Services Contract Cover" can be found on the following pages of Appendix J. Page 1 J-1 cal q . plia.4a. Contract for Services P Rixol, E QE N PRAIRIE +•vnriH•nnra� Contractor: Contact Person: Address: Day Phone: Evening Phone: Email: For good and valuable consideration,the sufficiency of which is hereby acknowledged, Contractor agrees to furnish services as herein stated for the City of Eden Prairie(the"City"). The Services to be performed shall be: (the"Services"). Contractor's Compensation for performing said Services shall be: This Agreement consists of this Cover Page,the attached Addendum A titled "Independent Contractor General Provisions,"and the following Addendum(s): Addendum B, Independ ent Contractor Addendum C, Independent Contractor Entertainment Provisions Insurance Provisions This Agreement shall be in effect from to , unless terminated earlier pursuant to its terms or extended upon mutual agreement by the Parties. AGREED THIS DAY OF ,20 City of Eden Prairie Contractor By: By: Jay Lotthammer, Its: Parks and Recreation Director Initial that you have read and understand the attached Addendum(s). Page I J-2 Appendix K Entertainment Services Addendum A—General Provisions The City's "Entertainment Services Addendum A—General Provisions" can be found on the following pages of Appendix K. Page 1 K-1 ADDENDUM A Independent Contractor General Provisions 1. REPRESENTATIONS OF CONTRACTOR Contractor will perform the Services the best of Contractor's ability. Contractor represents that he or she is experienced in th e subject matter of the Services and desires to be hired as an independent contractor to perform the Services in accordance with the covenants an d conditions set forth in this Agreement. 2. INDEPENDENT CONTRACTOR At all tim es and for all purposes herein, Contractor is an inde pendent contractor and not an employee of the City. No statem ent herein shall be construed so as to define the Contractor an employee of the City. Contractor is not entitled to benefit provided by the City to its employees including, but not lim ited to, vacation, sick leave, hospital an d medical insurance and unemployment and wo rker's compensation insura nce. The City is not oblig ated to use Contractor exclusively. 3. RECORDING AND BROADCAST City may make photographic, audi o and/or video recordings of the Contractor performing the Services. C ontractor grants the City a royalty fr ee license to publish th e photographs and to simulcast or produce and show a to pe-delayed broadcast of the recording. The simulcast and/or broadcast may be presented to the public, thr ough closed circuit or public television or commercial cable television or voice record for radio broadcast. 4. SOLICITATION OF PARTICIPANTS Contractor shall not use any inform ation Contractor obtains about cour se participants for Contractor's own gain and shall not solicit c ourse participants; provided, however, that Contractor may respond and react to contacts initiated by course participants. Prior authorization is required fo r the Contractor to distribute or sell prom otional or other material. 5. CONTRACTOR'S RISK The Services to be perform ed under this Agreement will be performed at the Contracto is risk. Contractor agrees to be liab le for the specific d uties outlined in this Agreem ent. Contractor is responsible for knowing and following all the policies and terms of this Agreement. 6. INDEMNIFICATION Page 1 K-2 Contractor agrees to defend, indemnify and the hold the Cit y, its officers and em ployees harmless from any liability, claim s, damages, costs, judgments, or expenses, including reasonable attorney's fees, resulting directly or indirectly from a negligent act or om ission of Contractor, its agents, employees, or subcontractors in the p erformance of the Services by this Agreement and against all los ses by reason of the failure of Contractor to fully perform , in any respect, all obligations under this Agreement. 7. SUBCONTRACTORS AND ASSIGNMENT Contractor shall not enter into any subcontract for performance of any Services contem plated under this Agreement or enter into any assignment of this Agreem ent without the prior written approval of the C ity and subject to such co nditions and provisions as the City m ay deem necessary. Contractor shall be responsible for the perfor mance of any subcontractors or assignees. 8. CONTRACTOR'S PROMPT PAYMENT OF SUBCONTRACTORS Contractor shall pay to any subcontractor within ten (10) days of the Contractor's receipt of payment from the City for undisputed services provided by the subcontract or. Contractor shall pay interest of one and a half percent (1 1/2%)per month or any part of a month to a subcontractor on any undisputed am ount not paid on tim e to the subcontractor. The m inimum monthly interest penalty payment for an unpaid balance of$100 or more is $10. For an unpaid balance of less than $100, Contractor shall pay the actual amount due to the subcontractor. 9. ACCOUNTING AND PAYMENT Contractor shall provide the City with an invoice or timesheet reflecting the total amount due to Contractor under this Agreement. Payment shall be made by the City within forty-five (45) days of submission of the invoice,provided the C ity has not contested any item on the invoice. Payment of contested item s may be withheld until resolution satisfactory to both parties. The City may reimburse Contractor for supplies and/ or equipment purchased by Contractor at the City's sole discretion, provided that the City has given prior approval in writing for such purchases. The invoice must include the following signed and dated statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." 10. W-9 FORM Contractor must complete a W-9 Form and any other documentation the City may require prior to receiving any payment under this Agreement. 11. CRIMINAL HISTORY CHECK Contractor consents to the City conducting a criminal history check on C ontractor at any tim e prior to or during Contractor's commencement of work under this Agreement. The City may, in its sole discretion, terminate this A greement based upon the findings in the crim inal history Page 1 K-3 report. Contractor shall,upon re quest of the C ity, provide his or her social security num ber, driver's license num ber, date of birth, gender, ethnicity, and any othe r information City may require in order to conduct the criminal history check. 12. DATA PRACTICES COMPLIANCE Contractor may be granted access to data collected or maintained by the City as necessary to perform Contractor's obligations under this Agr eement. Contractor shall m aintain all da to obtained from the City or collected by Contract or consistent with the requ irements of the Minnesota Government Data Practices Act. Mi nn. Stat. §13.02 et seq. (the "Act"). Contractor agrees to defend and indem nify the City, its el ected officials and em ployees, from any cla im, liability, damage or loss asserted against the C ity, its elected official and e mployees, as a result of Contractor's failure to comply with the require ments of the Act. Contractor shall return all data to the City upon termination of this Agreement. 13. DISCRIMINATION In performance of this contract, Contractor shall not discriminate on the grounds of or because of race, color, creed,religion, nation al origin, sex, marital status, statu s with regards to public assistance, disability, sexual orientation, or age against any em ployee of Cont ractor, any subcontractor of Contractor, or any applicant for employment. Contractor shall include a similar provision in all contracts with subcontractors to this contract. Contractor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minn. Stat. § 363.01, et seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 14. WORK PRODUCTS All reports, data, materials, information and other work products (collectively "W ork Product") prepared and developed by Cont ractor shall rem ain the prope rty of Contractor; provided, however, Contractor hereby grants the City a licen se to use said W ork Product as it desires. Contractor shall provide City with copies of all Work Product (electronic copies, when available) prior to using the Work Product to provide services under this Agreement. 15. MODIFICATION The terms of this Agreement shall not be alte red or modified except in writing and executed by both parties. 16. TERMINATION This Agreement may be terminated by either party upon ten(10) days written notice to the other party, with or without cause, provided, however, that the City m ay at any tim e terminate this Agreement without notice for reason of the Contractor's absence with out notice, incompetence, neglect of duty, unsatisfactory conduct, insuffici ent registration of program or violation of the terms and conditions of this Agreement. The City shall not be liable for expenses incident to termination. Page 1 K-4 17. AUDITS The books, records documents and accounting procedures and practices of Contractor are subject to examination by the City and eith er legislative auditor or the state auditor during the term of this Agreement and for a period of six years after the termination date of this Agreement. 18. WORKERS COMPENSATION Contractor represents and warrants that it h as and will maintain during the perform ance of this Agreement workers compensation insurance coverage required pursuant to Minn. Stat. § 176.181 subd. 2. This provision shall not apply if Contractor is a sole proprietor. 19. SUBSTANCE ABUSE POLICY Contractor agrees not to use ill egal substances of any kind wh ile on City property, nor perform any services pursuant to this Agreement while under the influence of any illegal su bstance. If Contractor violates this provi sion, the City may imm ediately terminate this Agreem ent and Contractor forfeits all rights to payment. 20. USE OF CITY PROPERTY The City m ay allow Contrac tor to use th e City's materials, equipment and/or property in performing under this Agreement. Contractor shall leave the City's property as found, in a neat and presentable condition. Contractor shall return all equipment used by Contractor to its proper place in storage. Contractor sh all be responsible for any keys or other materials or equipment that are provided by the City. Contractor shall be liable for the replacement costs of any lost keys or equipment. 21. ENTIRE AGREEMENT This Agreement constitutes the en tire agreement between the Parties with ref erence to the subject matter hereof and supersedes all prior negotiations, understandings, representations and Agreements between the Parties. 22. CONFLICTS. No salaried officer or employee of the City and no member of the Council, or Commission, or Board of the City shall have a f inancial interest, direct or indirect, in this Agreem ent. The violation of this provision rende rs the agreement void. Any federal regulations and applicable state statutes shall not be violated. 23. RIGHTS AND REMEDIES. Page 1 K-5 The duties and obligations im posed by this Agreem ent and the rights and rem edies available thereunder shall be in a ddition to and not a lim itation of any duties, obligations, rights and remedies otherwise imposed or available by law. 24. DAMAGES. In the event of a breach of this Agreement by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 25. ENFORCEMENT. The Contractor shall reimburse the City for all costs and ex penses, including without limitation, attorneys' fees paid or incurred by the City in connection with the en forcement by the City during the term of this Agreement or thereafter of any of the rights or remedies of the City under this Agreement. 26. GOVERNING LAW. This Agreement shall be controlled by the laws of the State of Minnesota. 27. WAIVER. No action nor failure to act by the City or the Contractor shall constitute a waiver of any right or duty afforded any of them under the Agreem ent, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. Acknowledgement by Contractor Printed Name Signature Date Page 1 K-6 Appendix L Entertainment Services Addendum B— Entertainment Provisions The City's "Entertainment Services Addendum B— Entertainment Provisions" can be found on the following pages of Appendix L. Page 1 L-1 ADDENDUM B Independent Contractor Entertainment Provisions 1. VENUE AND EQUIPMENT Contractor shall complete the sound technician worksheet attached hereto as Exhibit 1. City shall provide the equipment requested in Exhibit 1. City shall provide the Venue("Venue") set forth in Exhibit 1. 2. DECIBEL LEVEL Under no circumstances will the sound level exceed 70 decibels 100 feet from the stage. This will be monitored by City staff. In the event that sound of Contractor exceeds 70 decibels, City may at its sole discretion cancel the Entertainment. Contractor waives the right to fee if the Entertainmen t is cancelled as a result of sound exceeding 70 decibels. 3. CITY'S RIGHT TO CANCEL In the event of inclement weather, including but not limited to heat index, tornadoes, thunderstorms, snowstorms, or any other dangerous weather occurr ence, as determined by City officials, City reserves the right to stop or cancel the entertainment at any time. City will monitor lightning strikes electronically and may dismiss at its sole option Contractor due to strikes of lightning within a three mile radius. In the event that the entertainment is canceled by City as a result of incle ment weather within one and one-half (1%2)hours before the entertainment has started, Contractor is entitled to 50 %of the fee. In the event that the entertainment is canc eled by City as a result of inclement weather after the entertainment has started, Contractor is entitled to 100% of the fee. 4. PARKING Contractor shall move Contractor's vehicles from the marked load and unload areas to the main parking lot at least one-half hour(1/2)prior to commencement of the entertainment. No vehicles of any type will be allowed to remain parked by or near the stage or on the trail to the stage. The area must be cleared for emergency access vehicles and for aesthetic viewing of the entertainment. 5. SOUVENIRS Souvenirs sold by Contractor relating to the entertainment may be sold at the venue,prior to and after the entertainment only. Contractor may only announce the sale of souvenirs once during the entertainment. 6. START/END TIME Contractor shall start and end the entertainment as scheduled in this Agreement. Acknowledgement by Contractor Page I L-2 Appendix M Entertainment Services Addendum C- Insurance The City's "Entertainment Services Addendum C— Insurance" can be found on the following pages of Appendix M. Page 1 M-1 ADDENDUM C Independent Contractor Insurance Provisions A. General Liability. Prior to performing Services under this Agreement, Contractor shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Contractor or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include,but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. The policy(ies) shall name the City as an additional insured for the Services provided under this Agreement and shall provide that the Contractor's coverage shall be primary and noncontributory in the event of a loss. B. Contractor shall procure and maintain the following minimum insurance coverages and limits of liability on this Project: Worker's Compensation Statutory Limits Employer's Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Comprehensive Liability $1,500,000 property damage per occurrence $2,000,000 general aggregate $2,000,000 Products—Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit (shall include coverage for all owned, hired and non-owed vehicles. Umbrella or Excess Liability $1,000,000 C. The Comprehensive General/Commercial General Liability policy(ies) shall be equivalent in coverage to ISO form CG 0001, and shall include the following: j. Premises and Operations coverage with no explosions, coll apse, or underground damage exclusion(XCU). k. Personal injury with Employment Exclusion (if any) deleted. 1. Broad Form CG0001 0196 Contractual Liability coverage, or its equivalent. Page I M-2 m. Broad Form Property Dam age coverage, including completed operations, or its equivalent. n. Additional Insured Endorsem ent(s) on IS 0 form CG 2010, or its equivalent, naming "the City of Eden Prairie." Th e additional insured form needs to extend protection for"product and completed operations". o. Incidental Malpractice and Host Liquor Liability insurance applicable to the Contractor's performance under this Agreement. P. Severability of Insureds provision. D. Contractor shall maintain in effect all insurance coverages required under this Paragraph at Contractor's sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-,unless specifically accepted by City in writing. In addition to the requirements stated above, the following applies to the insurance policies required under this Paragraph: g. All polices shall be written on an "occurrence" form ("claim s made" and "modified occurrence" forms are not acceptable); h. All polices shall be apply on a"per project"basis; i. All policies, except the Worker's Compensation Policy, shall contain a waiver of subrogation naming "the City of Eden Prairie"; j. All policies, except the Worker's C ompensation Policy, shall name "the City of Eden Prairie" as an additional insured; k. All policies, except the W orker's Compensation Policy, shall insure the defense and indemnity obligations assumed by Contractor under this Agreement; and 1. All polices shall contain a provision that coverages afforded there under shall not be canceled or non-renewed or restrictive modifications added, without thirty(30) days prior written notice to the City. A copy of the Contractor's Certificate of In surance, which evidences the compliance w ith this Paragraph, must be filed with City prior to Contractor performing Services under this Agreement. Upon request a copy of the Contractor's in surance declarations page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide sati sfactory evidence that Contractor has complied with all ins urance requirements. Renewal ce rtificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, E ndorsement or certificates or other evidence of insurance, or to advise Contractor of any deficiencies in such documents and receipt thereof shall not relieve Contractor from, nor be deemed a waiver of, City's right to enforce the terms of Contractor's obligati ons hereunder. City re serves the right to exam Me any policy provided for under this paragraph. Page I M-3 E. Effect of Contractor's Failure to Provide Insurance. If Contractor fails to provide the specif ied insurance, then Contractor will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation)to the extent necessary to afford the same protection as would have been provided by the specified i nsurance. Except to the ext ent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City(i ncluding sole negligence) and regardless of the extent to which the underlying occurrence (i.e.,the event giving rise to a claim which would have been covered by the speci fled insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of c ontract) of Contractor, its subcontractors, agents, employees or delegates. Contractor agrees that this indemnity shall be construed and applied in favor of inde mnification. Contractor also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity,the City may require Contractor to: c. Furnish and pay for a surety bond, satis factory to the City, guaranteeing performance of the indemnity obligation; or d. Furnish a written acceptance of tender of defense and indemnity from Contractor's insurance company. Contractor will take the action requ ired by the City with in fifteen (15) days of receiving notice from the City. Acknowledgement by Contractor Page I M-4 CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda November 20, 2012 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.H. Sue Kotchevar, Office of the Approve Travel Policy City Manager Requested Action Move to: Approve the updated City of Eden Prairie Travel Policy. Synopsis The City's Travel Policy was last updated in 2006. The 2012 vers ion includes the following updates: • The Employee Expense Report, P er Diem Request Form, and Claim Form have all been updated (all forms are now in Excel, include se lf-calculating total lines, and are uniform ly formatted). Links to the updated forms have been incorporated into the body of the policy to make it more user friendly. • The Per Diem table and mileage rates have been updated to reflect current rates. • The Phone Charges section was updated to rem ove outdated wording about long distance calls with wording that states "calls, faxes, o r other data usage charges, specifically those necessary to obtain transportation and hotel reservations, or to communicate with the office or one's family to indicate safe arrival, are reimbursable." • An international phone card section was added for the rare event of international travel. • Some information was moved around and grouped into more user friendly categories. • A table of contents and cover sheet were added. Attachment Travel Policy Travel Policy November 2012 City of Eden Prepared by the Human Resources and Finance Divisions Prairie, Minnesota Table of Contents Table of Contents 2 Purpose 3 Policy 3 Applicability 3 General 3 Delegation of authority to approve travel 3 Employee Responsibility 3 Travel Method 3 Regulations and Procedures 4 All Travel 4 Per Diem (Overnight Travel Only) 4 Mileage Reimbursement, Car Rental, and Personal Vehicle Use 5 Phone Charges 6 Business Expense Without Overnight Travel 6 Advance Payments 7 21Page CITY OF EDEN PRAIRIE TRAVEL POLICY PURPOSE The purpose of this policy is to establish guidelines for travel, meals, and conference expenses necessary to the transaction of official City of Eden Prairie (City)business both within and outside the state of Minnesota and to outline the procedures for expense reimbursement. POLICY It is the policy that reasonable travel, meal, and conference expenses incurred by City employees and Councilmembers while traveling both within and outside the state of Minnesota as representatives of the City will be paid by the City in accordance with this Meals and Travel Policy. APPLICABILITY This policy is applicable to employees and Councilmembers. Newly elected Councilmembers will be eligible to attend meetings and conferences before taking office with prior approval of the Council. GENERAL Delegation of authority to approve travel: An annual conference travel plan will be developed by the department director, submitted to the City Manager, and approved by the City Council as part of the budget process. All travel must be approved in advance by the department director or the City Manager. Travel for out of state meetings not included in the annual conference travel, but within the adopted conference budget, must be approved by the City Manager. Employee Responsibility: Reimbursed travel expenses are those expenses essential to the transaction of authorized official business. The City expects employees traveling on official business to exercise the same care in incurring reimbursable expenses that a prudent person would exercise if traveling on personal business and expending personal funds. Travel Method: Travel must be by the most direct, usually traveled route and by the most economical mode of transportation available. Travel for official business will be by the method of transportation that will result in the greatest cost advantage and efficiency to the City. 3 1Page REGULATIONS AND PROCEDURES All Travel: • The Employee Expense Report or Check Request Form (Claim Form) must be completed for all travel and meals. These forms can be found on PrairiePages under the "Forms" section or by clicking here (Expense Report) or here (Check Request). The expense report should be a complete listing of the total expense for the trip. This includes the expenses paid directly by the City. The itemized expense report must be completed, approved by the department manager, and submitted to the finance department within thirty (30) days following the date of return from a trip. Expense forms are available from the finance department and should be obtained before the trip is taken. • Receipts must accompany the expense report for the following expenses unless the amount claimed is under$20.00 and a receipt is not normally issued for that type of expense (e.g. bus fares): A. Transportation costs, which must be itemized as "from" and "to" B. Lodging C. Registration fees • All lodging costs must be supported by an officially recognized original lodging receipt(not a credit card charge slip or statement) from a hotel, motel, or other commercial lodging establishment. Government discount rates must be obtained whenever available. Only the cost of single occupancy will be reimbursed. If a double occupancy occurs (i.e., a spouse or guest accompanies the employee), the employee is responsible for paying the additional cost of double over single occupancy. There are no fixed amounts for hotel or motel accommodations, but charges must be reasonable and consistent with the facilities available. • Air transportation will be tourist or coach, except when this is not available. If a reservation is not going to be used, it must be canceled immediately. Cancellation fees will only be reimbursed for extenuating circumstances and require the approval of the City Manager. Per Diem (Overnight Travel Only): • For trips longer than one day, lodging and transportation will be reimbursed. The Per Diem Request Form must be completed for all per diem reimbursements. This form can be found on PrairiePages under the "Forms" section or by clicking here. Daily reimbursement of meals and incidental expenses incurred during official travel above and beyond lodging and transportation will be reimbursed on a per diem basis or actual expenditures, if receipts are submitted. Meal expenses in excess of the per diem rate are not eligible for reimbursement unless a business purpose can be established and it is approved by the City Manager. • Employees are entitled to a per diem allowance anytime they are in travel status and authorized lodging costs are incurred. The allowance begins and ends when travel status 41Page begins and ends. Claims for meal reimbursements can only be made when in travel status. Specifically,per diem covers expenses for breakfast, lunch, dinner, and related tips and taxes; tips to porters, baggage carriers, bellhops, and hotel/motel housekeepers, and other incidentals. Maximum per diem rates are prescribed for daily reimbursement of meals and incidental expenses incurred during official travel above and beyond lodging and transportation. As detailed in the following table,per diem rates vary according to locality. • A six-tier per diem rate system has been established by General Services Administration (GSA). The listed per diem rates are available at www.gsa.gov under"Per Diem Rates" in the left most column. After entering the travel destination city name or zip code, the correct per diem tier can be identified by looking at the far-right column identified as `Meals & Inc. Exp."A standard per-day rate applies to all locations not specifically listed or encompassed by the boundary definition of a listed point. A per diem is not provided when the period of official travel is less than 24 hours and does not require lodging. The per diem requested should be pro-rated if travel begins or ends during the day. Actual costs for legitimate business meals may be reimbursed if approved by the department director and City Manager. The purpose and attendees must be clearly stated on the request for expense reimbursement. When one or more meals are furnished at no cost (e.g., included in conference registration fee)to the employee, the per diem rate is reduced by a predetermined amount. This is based on the six-tier per diem rate system that has been established by General Services Administration(GSA). Total Per Diem Daily Rate $ 46 $ 51 $ 56 $ 61 $ 66 $ 71 Breakfast 7 8 9 10 11 12 Lunch 11 12 13 15 16 18 Dinner 23 26 29 31 34 36 Incidentals 5 5 5 5 5 5 First and Last Day of Travel 34.50 38.25 42.00 45.75 49.50 53.25 Mileage Reimbursement, Car Rental, and Personal Vehicle Use: • Reimbursement for use of a personal automobile will be at the IRS approved rate. This rate is 55.5 cents per mile effective 01/1/2012. • Reimbursement for car rental is an option for out of state travel and must have prior approval by the City Manager. Reimbursement will be made on the basis of current rental rates for the geographical area. The following situations must be weighed in justifying car rental. If the airport is located a considerable distance from the conference destination, renting a car may be more cost effective than paying for a taxi or shuttle service to and from the airport, especially if more than one employee is traveling together. The same consideration would apply if restaurants are not close by and a taxi must be used. The physical damage insurance should be purchased from the car rental company and be included in the rental versus public transportation cost analysis. 51Page • Payment of expense for transportation by personal vehicle for out-of-state travel,with the prior approval of the employee's supervisor, will be made on the basis of current commercial tourist or coach air fare when that option is more cost effective. The cost analysis should be noted on the employee's expense report. City employees who use their own cars for official travel are required to carry limits of liability of at least $250,000 bodily injury per person, $500,000 bodily injury per occurrence, and $100,000 property damage. When a personal or City vehicle is used in lieu of air commercial transportation, reimbursement for meals and lodging will be limited to the period of time required if the most direct and cost/time efficient transportation were used. Phone Charges: • Telephone calls, faxes, or other data usage charges, specifically those necessary to obtain transportation and hotel reservations, or to communicate with the office or one's family to indicate safe arrival, are reimbursable. • In the rare event of international travel, international phone cards are recognized as a cost effective way of paying for international business calls. International phone cards purchased for valid business purposes for $25 or less are reimbursable with no individual call documentation required. International phone cards purchased for more than $25 are reimbursable but also require that the phone card owner maintains a log of business calls for which the phone card is used, listing the person called, date of call, length of call and business purpose of the call. To meet audit requirements, the phone card usage log should be filed with the original phone card purchase documentation. Business expense without overnight travel: • It is recognized that mileage and meal expense may be incurred for City business purposes for meetings that do not require overnight lodging. This includes luncheon meetings held by professional organizations and business meals for meetings that cannot be reasonably held at another time. The employee must detail the date, time,place and purpose of the meeting, and the name(s) of attendees. Actual expenses will be reimbursed when consistent with this policy. Employees are personally responsible to pay cancellation fees for a business luncheon when one is charged. • If a meal is furnished with a registration paid by the City and the employee elects to eat elsewhere, the meal expense will not be reimbursed. Daily per diem amounts cannot be claimed for meals unless incurred in conjunction with overnight travel. • Employees should not accept meals from a City vendor or potential vendor unless the meal is part of a paid conference or training session and the vendor has provided the same benefit to all participants. 61Page Advance Payments: • The City may advance to any authorized person the estimated costs of traveling to meetings both within and outside the state on official business. Advances should be considered the exception and should be requested at least 15 days in advance of the first day of travel. The City encourages the use of personal credit cards by the employee and prompt claim for reimbursement. When the claim for reimbursement is made promptly after the incurred expense, the City will endeavor to process the reimbursement payment before payment on employees' credit card is due. 71Page CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar November 20, 2012 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.I. Stuart Fox, Parks and Natural Professional Services Agreement for Resources Manager, Parks and Deer Management Program Recreation Motion Move to: Approve the Standard Agreement for Professional Services for the 2012 Deer Management Program with White Buffalo, Inc. at a cost not to exceed$43,450. Synopsis Dr. Anthony DeNicola of White Buffalo, Inc. has provided a Professional Services Proposal that addresses the City's request for the 2012 reduction of white-tailed deer as outlined in the Deer Management Plan. His proposal includes field site selection, site preparation,baiting and bait monitoring, sharpshooting services, carcass removal and transportation to a meat processor. Recommendation White Buffalo, Inc. has been the professional consultant performing the city's deer reduction work since 1997. Their technical knowledge of urban deer population control methods,public professionalism and sharpshooting expertise has been exceptional. They are viewed as a national leader in the safe and humane removal of urban deer. Their proposal is in line with our budget estimate and staff recommends approval of this agreement. Attachment Standard Agreement for Professional Services Rev. 3-29-12 Standard Agreement for Professional Services This Agreement is made on the 10th day of November, 2012, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and White Buffalo, Inc., a Connecticut based 501 (c) (3) nonprofit wildlife management and research organization (hereinafter "Consultant") whose business address is 26 Davison Rd., Moodus, CT, 06469. Preliminary Statement The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of professional services by Consultant for the 2012 Deer Management Program hereinafter referred to as the "Work". The City and Consultant agree as follows: 1. Scope of Work. The Consultant agrees to provide the professional services shown in Exhibit "A" (Eden Prairie Deer Management Program) in connection with the Work. The terms of this Agreement shall take precedence over any provisions of the Consultants proposal and/or general conditions including proposals and/or general conditions. If the Consultants proposal is attached as the Exhibit A Scope of Work, City reserves the right to reject any general conditions in such proposal. 2. Term. The term of this Agreement shall be from November 10, 2012 through December 10, 2012 the date of signature by the parties notwithstanding. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated. 3. Compensation for Services. City agrees to pay the Consultant on an hourly basis plus expenses in a total amount not to exceed $ 43,450 for the services as described in Exhibit A. A. Any changes in the scope of the work which may result in an increase to the compensation due the Consultant shall require prior written approval by an authorized representative of the City or by the City Council. T he City will not pay additional compensation for services that do not have prior written authorization. B. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City. C. If Consultant is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. 1 Rev. 3-29-12 4. City Information. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services: A. Access to the Area. Depending on the nature of the Work, Consultant may from time to time require access to public and private lands or property. As may be necessary, the City shall obtain access to and make all provisions for the Consultant to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work. B. Consideration of the Consultant's Work. The City shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Consultant, and s hall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the Consultant. C. Standards. The City shall furnish the Consultant with a c opy of any standard or criteria, including but not limited to, design and construction standards that may be required in the preparation of the Work for the Project. D. Owner's Representative. A person shall be appointed to act as the City's representative with respect to the work to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and de fine the City's policy and de cisions with respect to the services provided or materials, equipment, elements and systems pertinent to the work covered by this Agreement. 5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an itemized invoice for professional services performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City for: A. Progress Payment. For work reimbursed on a n hourly basis, the Consultant shall indicate for each employee, his or her name, job title, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Consultant shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Consultant shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City's project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract. B. Suspended Work. If any work performed by the Consultant is suspended in whole or in part by the City, the Consultant shall be paid for any services performed prior to receipt of written notice from the City of such suspension, all as shown on Exhibit A. C. Payments for Special Consultants. The Consultant shall be reimbursed for the work of special consultants, as described in Section 3B, and for other items when authorized in writing by the City. D. Claims. To receive any payment on t his Agreement, the invoice or bill must include the following signed and dated statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." 2 Rev. 3-29-12 6. Project Manager and Staffing. The Consultant has designated Ryan Rodts to serve on the Project. He will be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Consultant may not remove or replace these designated staff from the Project without the approval of the City. 7. Standard of Care. Consultant shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Consultant shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Consultant's breach of this standard of care. Consultant shall put forth reasonable efforts to complete its duties in a timely manner. Consultant shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Consultant shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 8. Audit Disclosure. Any reports, information, data, etc. given to, or prepared or assembled by the Consultant under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. The books, records, documents and accounting procedures and practices of the Consultant or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Contract. The Consultant shall at all times abide by Minn. Stat. 13.01 et seq., the Minnesota Government Data Practices Act, to the extent the Act is applicable to data and documents in the possession of the Consultant. 9. Termination. This Agreement may be terminated by either party by seven (7) days written notice delivered to the other party at the address written above. Upon termination under this provision, if there is no fault of the Consultant, the Consultant shall be pai d for services rendered and reimbursable expenses until the effective date of termination. If however, the City terminates the Agreement because the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant, and the City may retain another consultant to undertake or complete the work identified in Paragraph 1. 10. Subcontractor. The Consultant shall not enter into subcontracts for services provided under this Agreement except as noted in the Scope of Work, without the express written consent of the City. The Consultant shall pay any subcontractor involved in the performance of this Agreement within the ten (10) days of the Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. If the Consultant fails within that time to pay the subcontractor any undisputed amount for which the Consultant has received payment by the City, the Consultant shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Consultant shall pay the actual interest penalty due t o the subcontractor. A subcontractor who prevails in a c ivil action to collect interest penalties from the Consultant shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 3 Rev. 3-29-12 11. Independent Consultant. At all times and for all purposes herein, the Consultant is an independent contractor and not an employee of the City. No statement herein shall be construed so as to find the Consultant an employee of the City. 12. Non-Discrimination. During the performance of this Agreement, the Consultant shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Consultant shall post in places available to employees and appl icants for employment, notices setting forth the provision of this non- discrimination clause and s tating that all qualified applicants will receive consideration for employment. The Consultant shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Consultant further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 13. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 14. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City. 15. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 16. Entire Agreement. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 17. Compliance with Laws and Regulations. In providing services hereunder, the Consultant shall abide by statutes, ordinances, rules and regulations pertaining to the provisions of services to be provided. The Consultant and City, together with their respective agents and employees, agree to abide by the provisions of the Minnesota Data Practices Act, Minnesota Statutes Section 13, as amended, and Minnesota Rules promulgated pursuant to Chapter 13. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a m aterial breach of this Agreement and ent itle the City to immediately terminate this Agreement. 18. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. 19. Indemnification. Consultant agrees to defend, indemnify and hold the City, its officers, and employees harmless from any liability, claims, damages, costs, judgments, or expenses, including reasonable attorney's fees, to the extent attributable to a negligent or otherwise wrongful act or omission (including without limitation professional errors or omissions) of the Consultant, its agents, employees, or subcontractors in the performance of the services provided by this Agreement and against all losses by reason of the failure of said Consultant 4 Rev. 3-29-12 fully to perform, in any respect, all obligations under this Agreement. Consultant further agrees to indemnity the City for defense costs incurred in defending any claims, unless the City is determined to be at fault. 20. Insurance. A. General Liability. Prior to starting the Work, Consultant shall procure, maintain and pay for such insurance as will protect against claims for bodily injury or death, or for damage to property, including loss of use, which may arise out of operations by Consultant or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. The policy(ies) shall name the City as an additional insured for the services provided under this Agreement and shall provide that the Consultant's coverage shall be primary and noncontributory in the event of a loss. B. Consultant shall procure and maintain the following minimum insurance coverages and limits of liability on this Project: Worker's Compensation Statutory Limits Employer's Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Comprehensive General Liability $1,500,000 property damage and bodily injury per occurrence $2,000,000 general aggregate $2,000,000 Products —Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owned vehicles. Umbrella or Excess Liability $1,000,000 C. The Comprehensive General/Commercial General Liability policy(ies) shall be equivalent in coverage to ISO form CG 0001, and shall include the following: a. Premises and Operations coverage with no explosions, collapse, or underground damage exclusion (XCU). b. Products and Completed Operations coverage. Consultant agrees to maintain this coverage for a minimum of two (2) years following completion of its work. Said coverage shall apply to bodily injury and property damage arising out of the products-completed operations hazard. c. Personal injury with Employment Exclusion (if any) deleted. 5 Rev. 3-29-12 d. Broad Form CG0001 0196 Contractual Liability coverage, or its equivalent. e. Broad Form Property Damage coverage, including completed operations, or its equivalent. f. Additional Insured Endorsement(s), naming the "City of Eden Prairie" as an Additional Insured, on ISO form CG 20 10 07 04 or such other endorsement form as is approved by the City. g. If the Work to be performed is on an at tached community, there shall be no exclusion for attached or condominium projects. h. "Stop gap" coverage for work in those states where Workers' Compensation insurance is provided through a state fund if Employer's liability coverage is not available. Severability of Insureds provision. D. Professional Liability Insurance. The Consultant agrees to provide to the City a certificate evidencing that they have in effect, with an insurance company in good standing and authorized to do business in Minnesota, a professional liability insurance policy. Said policy shall insure payment of damage for legal liability arising out of the performance of professional services for the City. Said policy shall provide an aggregate limit of$2,000,000. Said policy shall not name the City as an insured. E. Consultant shall maintain in effect all insurance coverages required under this Paragraph at Consultant's sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. In addition to the requirements stated above, the following applies to the insurance policies required under this Paragraph: a. All policies, except the Professional Liability Insurance policy, shall be written on an "occurrence" form ("claims made" and "modified occurrence" forms are not acceptable); b. All policies, except the Professional Liability Insurance policy, shall be apply on a "per project" basis; c. All policies, except the Professional Liability Insurance and Worker's Compensation Policies, shall contain a waiver of subrogation naming "the City of Eden Prairie"; d. All policies, except the Professional Liability Insurance and Worker's Compensation Policies, shall name "the City of Eden Prairie" as an additional insured; e. All policies, except the Professional Liability Insurance and Worker's Compensation Policies, shall insure the defense and i ndemnity obligations assumed by Consultant under this Agreement; and f. All polices shall contain a provision that coverages afforded there under shall not be canceled or non-renewed, nor shall coverage limits be reduced by endorsement, without thirty (30) days prior written notice to the City. 6 Rev. 3-29-12 A copy of the Consultant's Certificate of Insurance which evidences the compliance with this Paragraph 20, must be filed with City prior to the start of Consultant's Work. Upon request a copy of the Consultant's insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Consultant has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obl igated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Consultant of any deficiencies in such documents and receipt thereof shall not relieve Consultant from, nor be deemed a waiver of, City's right to enforce the terms of Consultant's obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. F. Effect of Consultant's Failure to Provide Insurance. If Consultant fails to provide the specified insurance, then Consultant will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that this indemnity shall be construed and applied in favor of indemnification. Consultant also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Consultant to: a. Furnish and pay for a s urety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or b. Furnish a written acceptance of tender of defense and indemnity from Consultant's insurance company. Consultant will take the action required by the City within fifteen (15) days of receiving notice from the City. 21. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement ("Information") shall become the property of the City, but Consultant may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Consultant also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Agreement ("Project") does not relieve any liability on the part of the Consultant, but any use of the Information by the City or the Consultant beyond the scope of the Project is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting there from. 7 Rev. 3-29-12 22. Dispute Resolution/Mediation. Each dispute, claim or controversy arising from or related to this Service Agreement or the relationships which result from this Agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be s hared equally between the parties. Mediation shall be hel d in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a Mediated Settlement Agreement, which Agreement shall be enforceable as a settlement in any court having jurisdiction thereof. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Conflicts. No salaried officer or employee of the City and no member of the Board of the City shall have a financial interest, direct or indirect, in this Contract. The violation of this provision renders the Contract void. Any federal regulations and applicable state statutes shall not be violated. 25. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. 26. Entire Agreement. This Agreement constitutes the entire agreement of the parties and supersedes all prior communications, understandings and agreements relating to the subject matter hereof, whether oral or written. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager FIRM NAME By: Its: 8 Rev. 3-29-12 EXHIBIT A PROFESSIONAL SERVICES AGREEMENT ATTACHMENT BETWEEN: CITY OF EDEN PRAIRIE - and WHITE BUFFALO, INC. EFFECTIVE: November 10, 2012 Estimated Completion Date: December 10, 2012 SERVICES: WHITE BUFFALO, INC. shall perform the following: • Deer Reduction - Management Field Operations including: Field site selection, Site preparation, Site baiting, Sharpshooting of 110 white tailed deer, Carcass removal and Transportation to a selected meat processor. • The City will secure the necessary Special Permit for White-tailed Deer Harvest and Disposition from the State of Minnesota - Department of Natural Resources (MN DNR), Wildlife Section for this operation. • White Buffalo, Inc. agrees to follow the terms of the MN DNR Permit while conducting their services. • Deer Reduction Services are expected to take approximately 15 days at a cost of $43,450. 9 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar November 20, 2012 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.J. Denise Christensen Release of Agreement Regarding Special Public Works/Engineering Assessments SAA No. 04-06 Requested Action Move to: Approve the Release of Agreement Regarding Special Assessments for Lots 1-8, Block 1, Edenvale Highlands. Synopsis On December 27, 2004, the City of Eden Prairie entered into an Agreem ent Regarding Special Assessment with Calhoun Developm ent, L.L.C., a Minnesota lim ited liability company, pertaining to the levying of special assessment for trunk improvements. Background Information The improvements contemplated by the Agreement have been levied, therefore, the property should be release from the Agreement Regarding Special Assessments. Attachment: Attachment 1 —Release of Agreement Regarding Special Assessments No. 04-06 (Top 3 inches reserved for recording data) RELEASE OF AGREEMENT REGARDING SPECIAL ASSESSMENTS November 20,2012 FOR VALUABLE CONSIDERATION,the real property in Hennepin County,Minnesota, legally described as follows: Lots 1-8,Block 1,Edenvale Highlands • Check here if all or part of the described real property is Registered(Torrens) is hereby released from the Agreement Regarding Special Assessments,dated December 27,2004,executed between the City of Eden Prairie and Calhoun Development,L.L.C.doing business as(DBA)Calhoun Development,filed on March 11,2005,as Document Number 4087875,in the Office of the o County Recorder 4egistrar of Titles of Hennepin County, Minnesota. CITY OF EDEN PRAIRIE By: Its:Mayor By: Its: City Manager STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2012 by , and ,the Mayor and City Manager,respectively, of the City of Eden Prairie,a Minnesota municipal corporation,on behalf of said corporation. Notary Public This instrument was drafted by: City of Eden Prairie 8080 Mitchell Road Eden Prairie,Minnesota 55344 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar November 20, 2012 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.K. Denise Christensen Release of Agreement Regarding Special Public Works/Engineering Assessments and First Amendment to Agreement Regarding Special Assessments Requested Action Move to: Approve the Release of Agreement Regarding Special Assessments and First Amendment to Agreement Regarding Special Assessments on Toll MN, LP parcels, now platted as Eden Prairie Woods, in the Southeast Quarter of the Northeast Quarter of Section 29, Township 116, Range 22, and Tracts A &B, Registered Land Survey No. 465. Synopsis On June 20, 2000, the City of Eden Prairie en tered into an Agreem ent Regarding Special Assessment with Lynn L. Charlson, pertaining to the levying of special assessm ents for Improvement Contracts 98-5470 and 99-5484. On Apr it 16, 2002 the City of Eden Prairie entered into a First Amendment to Agreement Regarding Special Assessments with Lynn L. Charlson and The Pemtom Company again pertain ing to the levying of special assessm ent for Im provement Contracts 98-5470 and 99-5484. Background Information The improvements contemplated by the Agreement and First Amendment to Agreement on the Toll MN, LP par Gels have been levie d, therefore, the property should be release from the Agreement Regarding Special Assessments and the First Amendment Regarding Special Assessments. Attachment: Attachment 1 —Release of Agreement Regarding Special Assessments RELEASE OF AGREEMENT REGARDING SPECIAL ASSESSMENTS AND FIRST AMENDMENT TO AGREEMENT REGARDING SPECIAL ASSESSMENTS DATE: November 20,2012 FOR VALUABLE CONSIDERATION,the real property in Hennepin County,Minnesota,legally described as follows: Parcel 1: That part of the Southeast Quarter of the Northeast Quarter of Section 29,Township 116,Range 22,lying easterly of the center line of Village Road(now Eden Prairie Road),northerly of Registered Land Survey No.465,and southerly of a line described as commencing at the southeast corner of said Southeast Quarter of the Northeast Quarter;thence North, along the east line of said Southeast Quarter of the Northeast Quarter,a distance of 681.13 feet to the point of beginning of the line to be described;thence westerly, deflecting to the left 87 degrees 43 minutes 44 seconds,a distance of 1316.94 feet,more or less,to the west line of said Southeast Quarter of the Northeast Quarter and there terminating. Parcel 2: That part of the South 225 feet of the Southeast Quarter of the Northeast Quarter of Section 29,Township 116, Range 22,lying westerly of Tract B,Registered Land Survey No.465. Parcel 3: Tracts A and B,Registered land Survey No.465,Hennepin County,Minnesota. Parcel 4: The South 225 feet of the East 350 feet of the Southwest Quarter of the Northeast Quarter, Section 29,Township 116,Range 22. Check here if all or part of the described real property is Registered(Torrens) V is hereby released from the Agreement Regarding Special Assessments, dated June 20,2000, executed between the City of Eden Prairie and Lynn L.Charlson,filed on June 26,2000,as Document Number 3290756, in the Office of the Registrar of Titles of Hennepin County,Minnesota,and the First Amendment to Agreement Regarding Special Assessments,dated April 16,2002,executed between Lynn L.Charlson,The Pemtom Land Company and the City of Eden Prairie,filed on April 25,2002,as Document Number 3536002, in the Office of the Registrar of Titles of Hennepin County,Minnesota. CITY OF EDEN PRAIRIE By: Its:Mayor By: Its: City Manager STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2012 by , and , the Mayor and City Manager, respectively,of the City of Eden Prairie,a Minnesota municipal corporation,on behalf of said corporation. Notary Public This instrument was drafted by: City of Eden Prairie 8080 Mitchell Road Eden Prairie,Minnesota 55344 CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda November 20, 2012 DEPARTMENT/DIVISION: ITEM DESCRIPTION: IC# 12-5821 ITEM NO.: VIII.L. Leslie Stovring Approve Professional Services Agreement Public Works/Engineering with Wenck Associates for a Local Water Management Plan(LWMP)Update Requested Action Move to: Approve Professional Services Agreem ent with Wenck Associates, Inc. for a Local Water Management Plan(LWMP)Update at a cost of$74,389. Synopsis The City's Local Water Management Plan(LWMP)must be updated to incorporate the Water Management Plans completed by the Riley-Purgatory-Bluff Creek and Lower Minnesota River Watershed Districts. The LWMP was last updated in 2008 and the Comprehensive Wetland Protection and Management Plan(CWPMP)was completed in 1999. These two plans will be merged into one comprehensive document. The update will be paid out of the stormwater utility fund. Background Information The Water Management Plans for the three watershed districts have all been recently updated. State Statute requires that City's update their local water plans within 3 years of the last District update,which was February 2011. The scope of work includes items such as: • Evaluation of strategies to address the new stormwater permit program requirements, it is anticipated that the permit will be finalized in early 2013. • Review of local ordinances and policies to suggest revisions to meet current requirements of the stormwater permit program and the WMPs. • Incorporation of Total Maximum Daily Load(TMDL) study requirements that were completed for Nine Mile Creek and Bluff Creek. • Review of the City's waterbody database for consistency with the Pond Inventory currently being completed by Wenck. • Update the City's hydrologic model which was last updated in 1999. LIDAR from Hennepin County will be used to update subwatershed boundaries. • Assessment of financial impacts/analysis of the adequacy of current funding projections. • Update the Lower Riley Creek management plan and develop a management plan for that area of Purgatory Creek within Eden Prairie. • Review the City's stormwater website and suggest possible ways to present data and information The Conservation Comm ission will serve as the pub lic review comm ittee for developm ent of the LWMP. Meetings will also be held with state and local agencies as well as the Planning Commission. The final draft is anticipated to be completed in spring 2014. Attachments • Proposal • Professional Services Agreement We n c k Wenck Associates,Inc. 1800 Pioneer Creek Center P.O.Box 249 Maple Plain,MN 55359-0249 Engineers • Scientists (800)472-2232 9-4200 Business Professionals Fax(763)479-4242 wenckmp@wenck.com www.wenck.com November 8, 2012 Ms. Leslie Stovring Environmental Coordinator City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344-4485 RE: Local Water Management Plan and Storm Drainage Plan Update Dear Ms. Stovring: Thank you for selecting Wenck to assist you with updating the Local Water Management Plan (LWMP), which will also incorporate and update the City's Local Drainage Plan (LDP) and the Comprehensive Wetland Protection and Management Plan (CWPMP). Project Understanding Wenck understands the City desires to update its Local Water Management Plan to reflect new information and the requirements of the recently updated Riley-Purgatory-Bluff Creek and Lower Minnesota River Watershed District's Water Management Plans (WMPs).The LWMP is to also incorporate the ongoing work to inventory waterbodies in the City; provide an update of your LDP and CWPMP; and integrate the requirements of the General Stormwater Permit that is currently in revision by the MPCA. Project Scope/Approach The following tasks describe how the Wenck team will achieve this goal for the City: Task 1. Review and Compile Data and Information. For this task we will: • Review WMP requirements, rules and standards of the three watershed districts. • Review all local reports and studies such as UAAs,TMDLs, and research reports. • Review the City's Wellhead Protection Plan (WHPP) as it relates to LWMP requirements. • Review the proposed modifications to the state's stormwater general permit to determine how that may impact the City's stormwater management program. • Review the city's waterbody database for consistency with the Pond Inventory Wenck is currently conducting. • Field review conditions in Lower Riley Creek and Purgatory Creek as necessary, compile existing and collected data, and prioritize restoration and improvement projects. • Revise the database and shapefiles as necessary to incorporate MPCA requirements and to improve the efficiency and utility of the database. • Evaluate and summarize any data gaps and suggest strategies for addressing those gaps. • Review and summarize current local ordinances and policies and suggest revisions to meet current requirements and standards of the General stormwater permit program and WMPs. k:\administration\agenda preparation\city council agenda packet items\2012\11.20.12\public works\local water management plan update\attach 1-lwmp(proposal).docx Ms. Leslie Stovring Environmental Coordinator City of Eden Prairie November 8, 2012 • Assess financial impacts and analyze the adequacy of current funding projections. • Review the City's website and suggest possible ways to present data clearly and simply. • Review the City's GIS and Microsoft Access applications to suggest ways to better present the data and integrate GIS with the waterbody database and the City's library of photos. Task 2. Update Storm Drainage Plan.The City's HydroCAD hydrologic model was last updated in 1999. For Task 2 we will: • Update this model, using the latest LIDAR for Hennepin County to redelineate subwatersheds and recompute times of concentration. • Incorporate updated information from the Pond Inventory into the updated HydroCAD model, including how conditions and land use have changed since 1999. • Provide model output for the one percent chance (100-year)storm event for current conditions. This model will not be calibrated, and is intended for use in planning and for comparison purposes only. It is not intended to accurately predict flood conditions; more detailed hydrologic analysis may be required to provide more applicable flood results for local areas. Task 3. Meetings and Public Input. The City is required to go through a public process for review, development and approval of the Local Water Management Plan. We understand that you will ask the City's Conservation Commission to review and provide input to the Plan.This proposal assumes that we will meet with the Commission early in the planning process, once mid-process, and then once to present a preliminary Plan. We will also assist the City with a general Public Meeting,which may be held concurrently at a Conservation Commission meeting. We also expect to meet with City staff, agency staff(including each of the three Watershed Districts), and to attend a City Council meeting and a Planning Commission meeting to obtain review and input. Task 4. Draft and Final Report. We will prepare a draft Local Water Management Plan (LWMP)that will meet the requirements of MS 103E and MR 8410 and the three watershed districts. This Plan will incorporate the LDP and CWPMP in order to provide one comprehensive document. The report will include recommendations for maintenance, new NPDES permit requirements, development review guidelines, city code revisions and a Capital Improvement Program for 10 years. Following review of the draft report by the staff, Conservation Commission, City Council, and review agencies,we will finalize the report. This proposal assumes that the draft report will include three (3) hard, unbound copies and one PDF electronic copy. For the final report we will provide ten (10) bound hard copies and one (1) master copy of the Plan in PDF format, one (1) copy in Microsoft Word format and all work files and the Plan attachments in their native formats. 2 Wenck K:\Administration\Agenda Preparation\City Council Agenda Packet Items\2012\11.20.12\Public Works\Local Water Management Plan Update\Attach 1-LWMP(Proposal).docx Ms. Leslie Stovring Environmental Coordinator City of Eden Prairie November 8, 2012 Project Budget and Team The proposed budget for the scope of work described above is$74,400. A detailed budget with per task costs is attached. Diane Spector will serve as the Project Manager with Senior Review by Ed Matthiesen. Todd Shoemaker will serve as the water resources modeler with support by Eileen Weigel.Joe Bischoff will assist with integrating TMDL and other requirements and the results of the Pond Inventory Analysis work, and Jordan Shuck will provide GIS support and assist the City in evaluating options for better integrating the waterbody database and photo library with GIS. Susan Nelson will provide administrative work and the preparation of displays and other graphics. Thank you again for selecting us for this project. If you have any questions about our revised scope of work and budget, please contact me at 763-479-4280. Sincerely, WENCK ASSOCIATES, INC. Diane Spector Ed Matthiesen, P.E. Principal Principal 3 Wenck K:\Administration\Agenda Preparation\City Council Agenda Packet Items\2012\11.20.12\Public Works\Local Water Management Plan Update\Attach 1-LWMP(Proposal).docx Eden Prairie Local Water Management Plan Update Professional Services Cost Estimate 11/8/2012 Spector Bischoff Shuck Shoemaker Weigel Matthiesen Nelson Task and Hours by Person/Rate $142 $156 $100 $142 $92 $180 $72 Expenses Total Task 1: Review reports and data, field review Riley& Purgatory Creek conditions, consolidate 38 5 40 0 42 5 4 $250 $15,478 City/Wenck GIS and waterbody data, gap analysis, evaluate options for Website/GIS Task 2: Update drainage plan: update subwatersheds using 0 0 36 108 112 3 0 $500 $7,397 LIDAR,TCs, land uses and ponds, run 100-year event and analyze Task 3: Public and Staff Input: (13 meetings total)which could include the Conservation 39 0 4 3 3 0 6 $325 $30,280 Commission , General public, Agency staff, City Council, Planning Commission, and City staff Task 5: Draft and final report, 104 4 8 4 16 5 16 $950 $21,234 electronic and 10 hard copies Total 181 9 88 115 173 13 26 $2,025 $74,389 Wenck k:\administration\agenda preparation\city council agenda packet items\2012\11.20.12\public works\local water management plan update\attach 1-lwmp(proposal).docx Rev. 3-29-12 Standard Agreement for Professional Services This Agreement is made on the 20th day of Nove mber, 2012, between the City of Eden Prairie, Minnesota (hereinafter"City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Wenck Associates, Inc., a Minnesota corporation (hereinafter "Consultant") whose business address is 1800 Pioneer Creek Center, P.O. Box 249, Maple Plain, Minnesota 55359. Preliminary Statement The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of professional services by Consultant for updating the City's Local Water Management Plan and Storm Drainage Plan hereinafter referred to as the "Work". The City and Consultant agree as follows: 1. Scope of Work. The Consultant agrees to provide the professional services shown in Exhibit "A" (Letter Proposal dated November 8, 2012) in connection with the Work. The terms of this Agreement shall take precedence over any prov isions of the Consultants proposal and/or general conditions including proposals and/or general conditions. If the Consultants proposal is attached as the Exhibit A Scope of Work, City reserves the right to reject any general conditions in such proposal. 2. Term. The term of this Agreement shall be from November 21, 2012 through June 30, 2014 the date of signature by the parties notwithstanding. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated. 3. Compensation for Services. City agrees to pay the Consultant on an hourly basis plus expenses in a total amount not to exceed $74,400 for the services as described in Exhibit A. A. Any changes in the scope of the work which may result in an increase to the compensation due the Consultant shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. B. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City. C. If Consultant is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. 1 Rev. 3-29-12 4. City Information. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services: A. Access to the Area. Depending on the nature of the Work, Consultant may from time to time require access to public and private lands or property. As may be necessary, the City shall obtain access to and make all provisions for the Consultant to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work. B. Consideration of the Consultant's Work. The City shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Consultant, and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the Consultant. C. Standards. The City shall furnish the Consultant with a copy of any standard or criteria, including but not limited to, design and construction standards that may be required in the preparation of the Work for the Project. D. Owner's Representative. A person shall be appointed to act as the City's representative with respect to the work to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the services provided or materials, equipment, elements and systems pertinent to the work covered by this Agreement. 5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an itemized invoice for professional services performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City for: A. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall indicate for each employee, his or her name,job title, the number of hours worked, rate of pay for each employee, a computati on of amounts due for each employee, and the total amount due for each project task. Consultant shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Ex hibit A, the Consultant shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City's project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract. B. Suspended Work. If any work performed by the Consultant is suspended in whole or in part by the City, the Consultant shall be paid for any services performed prior to receipt of written notice from the City of such suspension, all as shown on Exhibit A. C. Payments for Special Consultants. The Consultant shall be reimbursed for the work of special consultants, as described in Section 3B, and for other items when authorized in writing by the City. D. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." 6. Project Manager and Staffing. The Consultant has designated Diane Spector and Ed Matthiesen to serve on the Project. They shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established 2 Rev. 3-29-12 herein. Consultant may not remove or replace these designated staff from the Project without the approval of the City. 7. Standard of Care. Consultant shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Consultant shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Consultant's breach of this standard of care. Consultant shall put forth reasonable efforts to complete its duties in a timely manner. Consultant shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Consultant shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 8. Audit Disclosure. Any reports, information, data, etc. given to, or prepared or assembled by the Consultant under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. The books, records, documents and accounting procedures and practices of the Consultant or other parties relevant to this Agreement are s ubject 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. The Consultant shall at all times abide by Minn. Stat. 13.01 et seq., the Minnesota Government Data Practices Act, to the extent the Act is applicable to data and documents in the possession of the Consultant. 9. Termination. This Agreement may be terminated by ei ther party by seven (7) days written notice delivered to the other party at the addre ss written above. Upon termination under this provision, if there is no fault of the Consultant, the Consultant shall be paid for services rendered and reimbursable expenses until the effective date of termination. If however, the City terminates the Agreement because the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant, and the City may retain another consultant to undertake or complete the work identified in Paragraph 1. 10. Subcontractor. The Consultant shall not enter into subcontracts for services provided under this Agreement except as noted in the Scope of Work, without the express written consent of the City. The Consultant shall pay any subcont ractor involved in the performance of this Agreement within the ten (10) days of the Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. If the Consultant fails within that time to pay the subcontractor any undisputed amount for which the Consultant has received payment by the City, the Consultant shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of$100 or more is $10. For an unpaid balance of less than $100, the Consultant shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Consultant shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 11. Independent Consultant. At all times and for all purposes herein, the Consultant is an independent contractor and not an employee of the City. No statement herein shall be construed so as to find the Consultant an employee of the City. 12. Non-Discrimination. During the performance of this Agreement, the Consultant shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, 3 Rev. 3-29-12 disability, sexual orientation or age. The Consultant shall post in places available to employees and applicants for employment, notices setting forth the provision of this non- discrimination clause and stating that all qualified applicants will receive consideration for employment. The Consultant shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Consultant further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 13. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 14. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City. 15. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 16. Entire Agreement. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreement s presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 17. Compliance with Laws and Regulations. In providing services hereunder, the Consultant shall abide by statutes, ordinances, rules and regulations pertaining to the provisions of services to be provided. The Consultant and City, together with their respective agents and employees, agree to abide by the provisions of the Minnesota Data Practices Act, Minnesota Statutes Section 13, as amended, and Minnesota Rules promulgated pursuant to Chapter 13. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 18. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. 19. Indemnification. Consultant agrees to defend, indemnify and hold the City, its officers, and employees harmless from any liability, clai ms, damages, costs, judgments, or expenses, including reasonable attorney's fees, to the extent attributable to a negligent or otherwise wrongful act or omission (including without limitation professional errors or omissions) of the Consultant, its agents, employees, or subcontra ctors in the performance of the services provided by this Agreement and against all losses by reason of the failure of said Consultant fully to perform, in any respect, all obligations under this Agreement. Consultant further agrees to indemnity the City for defense costs incurred in defending any claims, unless the City is determined to be at fault. 20. Insurance. 4 Rev. 3-29-12 A. General Liability. Prior to starting the Work, Consultant shall procure, maintain and pay for such insurance as will protect against claims for bodily injury or death, or for damage to property, including loss of use, which may arise out of operations by Consultant or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. The policy(ies) shall name the City as an additional insured for the services provided under this Agreement and shall provide that the Consultant's coverage shall be primary and noncontributory in the event of a loss. B. Consultant shall procure and maintain the following minimum insurance coverages and limits of liability on this Project: Worker's Compensation Statutory Limits Employer's Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Comprehensive General Liability $1,500,000 property damage and bodily injury per occurrence $2,000,000 general aggregate $2,000,000 Products— Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles. Umbrella or Excess Liability $1,000,000 C. The Comprehensive General/Commercial General Liability policy(ies) shall be equivalent in coverage to ISO form CG 0001, and shall include the following: a. Premises and Operations coverage with no explosions, collapse, or underground damage exclusion (XCU). b. Products and Completed Operations coverage. Consultant agrees to maintain this coverage for a minimum of two (2) years following completion of its work. Said coverage shall apply to bodily injury and property damage arising out of the products-completed operations hazard. c. Personal injury with Employment Exclusion (if any) deleted. d. Broad Form CG0001 0196 Contractual Liability coverage, or its equivalent. e. Broad Form Property Damage coverage, including completed operations, or its equivalent. f. Additional Insured Endorsement(s), naming the "City of Eden Prairie" as an Additional Insured, on ISO form CG 20 10 07 04 or such other endorsement 5 Rev. 3-29-12 form as is approved by the City. g. If the Work to be performed is on an attached community, there shall be no exclusion for attached or condominium projects. h. "Stop gap" coverage for work in those states where Workers' Compensation insurance is provided through a state fund if Employer's liability coverage is not available. i. Severability of Insureds provision. D. Professional Liability Insurance. The Consultant agrees to provide to the City a certificate evidencing that they have in effect, with an insurance company in good standing and authorized to do business in Minnesota, a professional liability insurance policy. Said policy shall insure payment of damage for legal liability arising out of the performance of professional services for the City. Said policy shall provide an aggregate limit of$2,000,000. Said policy shall not name the City as an insured. E. Consultant shall maintain in effect all insurance coverages required under this Paragraph at Consultant's sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. In addition to the requirements stated above, the following applies to the insurance policies required under this Paragraph: a. All policies, except the Professional Liability Insurance policy, shall be written on an "occurrence" form ("claims made" and "modified occurrence" forms are not acceptable); b. All policies, except the Professional Liability Insurance policy, shall be apply on a "per project" basis; c. All policies, except the Professional Liability Insurance and Worker's Compensation Policies, shall contain a waiver of subrogation naming "the City of Eden Prairie"; d. All policies, except the Professional Liability Insurance and Worker's Compensation Policies, shall name "the City of Eden Prairie" as an additional insured; e. All policies, except the Professional Liability Insurance and Worker's Compensation Policies, shall insure the defense and indemnity obligations assumed by Consultant under this Agreement; and f. All polices shall contain a provision that coverages afforded there under shall not be canceled or non-renewed, nor shall coverage limits be reduced by endorsement, without thirty (30) days prior written notice to the City. A copy of the Consultant's Certificate of Insurance which evidences the compliance with this Paragraph 20, must be filed with City prior to the start of Consultant's Work. Upon request a copy of the Consultant's insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Consultant has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of 6 Rev. 3-29-12 insurance, or to advise Consultant of any deficiencies in such documents and receipt thereof shall not relieve Consultant from, nor be deemed a waiver of, City's right to enforce the terms of Consultant's obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. F. Effect of Consultant's Failure to Provide Insurance. If Consultant fails to provide the specified insurance, then Consultant will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation)to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, th is indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that this indemnity shall be construed and applied in favor of indemnification. Consultant also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Consultant to: a. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or b. Furnish a written acceptance of tender of defense and indemnity from Consultant's insurance company. Consultant will take the action required by t he City within fifteen (15) days of receiving notice from the City. 21. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement ("Information") shall become the property of the City, but Consultant may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Consultant also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Agreement ("Project") does not relieve any liability on the part of the Consultant, but any use of the Information by the City or the Consultant beyond the scope of the Project is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 22. Dispute Resolution/Mediation. Each dispute, claim or controversy arising from or related to this Service Agreement or the relationships which result from this Agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement 7 Rev. 3-29-12 resulting from the mediation in a Mediated Settlement Agreement, which Agreement shall be enforceable as a settlement in any court having jurisdiction thereof. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Conflicts. No salaried officer or employee of the City and no member of the Board of the City shall have a financial interest, direct or indirect, in this Contract. The violation of this provision renders the Contract void. Any federal regulations and applicable state statutes shall not be violated. 25. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. 26. Entire Agreement. This Agreement constitutes the entire agreement of the parties and supersedes all prior communications, understandings and agreements relating to the subject matter hereof, whether oral or written. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager WENCK ASSOCIATES, INC. By: Its: Principal 8 CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda November 20, 2012 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 07-5698 ITEM NO.: VIII.M. Leslie Stovring Award Contract for Purgatory Creek Public Works /Engineering Stabilization Project(Study Area 4) Requested Action Move to: Award Contract for Study Area 4 of the Lower Minnesota River Watershed District Erosion Stabilization Project to Ames Construction in the amount of$20,416. Synopsis Quotes were received on Friday,November 2, 2012 for a Streambank Repair Plan for a section of Purgatory Creek within the Lower Minnesota River Watershed District(LMRWD). The cost of the project will be paid out of the stormwater utility fund. Three quotes were received and are tabulated as follows: Ames Construction, Inc. $20,416 Rachel Contracting, Inc. $23,855 Carl Bolander& Sons Co. $23,733 Background Information In 2007 LMRWD completed an assessment of streams and channels tributary to the Minnesota River. Four Study Areas were selected in Eden Prairie for the initial phase of work. Study Area 4 is located immediately south of Riverview Road within Purgatory Creek. The creek erosion was threatening the stability of an adjacent wetland and was considered to be a high priority area by LMRWD. In 2009 a stabilization project was completed that included this section of the creek. However, since that time flooding events have continued to deteriorate this reach and additional stabilization and repair is required. The stabilization will include 1) Installation of additional field stone rip-rap in areas where armoring of the creek banks is necessary due to slippage of the rip-rap that was placed in 2009, 2) Removal and replacement of rock vanes to adjust the creek flow away from the creek bank where it is starting to move back towards the adjoining wetland area, and 3) Installation of biolog toe protection for the creek bank. The plans have been reviewed by the Minnesota Dept. of Natural Resources and a permit extension will be granted for the project. The work is expected to be completed this winter, during low-flow conditions. Attachments Standard Agreement for Contract Services Standard Agreement for Contract Services This Agreement("Agreement") is made on the 6 day of November , 2012,between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Ames Construction, Inc. , a Minnesota Company (hereinafter "Contractor") whose business address is 2000 Ames Drive Burnsville, MN 55306 Preliminary Statement The City has adopted a policy regarding the selection and hiring of contractors to provide a variety of services for City projects. That policy requires that persons,firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of services by Contractor for Purgatory Creek Streambank Repair hereinafter referred to as the"Work". Project 07-5698 The City and Contractor agree as follows: I. Scope of Work. The Contractor agrees to provide, perform and complete all the provisions of the Work in accordance with attached Exhibit A. The terms of this Agreement shall take precedence over any provisions of the Contractor's proposal and/or general conditions. 2.—Tffective-Date Arid . ..... ................ ..... ................... ........ ........... .. .......... -- 6 ,2012. The Work shall be completed by Ames Construction, Inc. 3. Obligations of Contractor.Contractor shall conform to the following obligations: a. Contractor shall provide the materials and services as set forth in Exhibit A. b. Contractor and its employees will park in service areas or lots and use entries and exits as designated by City. Contractor's personnel will contact the appropriate person (i.e. receptionist, maintenance personnel, security, etc.) immediately upon entering the building, and will sign in and out if required by City. c. Care, coordination and communication by Contractor is imperative so that guests and employees in the buildings are not disturbed or inconvenienced during the performance of the contracted services. d. Contractor's personnel must be neat appearing, wear a uniform and badge that clearly identifies them as a service contractor,and abide by City's no smoking policies. e. Contractor must honor the City's request to reassign an employee for cause. Cause may include performance below acceptable standards or failure to present the necessary image or attitude, in the judgment of the owner,to present a first class operation. f. When necessary, Contractor's personnel will be provided with keys or access cards in order to perform their work. Any lost keys or cards that result in rekeying a space or other cost to the City will be billed back to the Contractor. 4. City's Obligations. City will do or provide to Contractor the following: a. Provide access to City properties as appropriate. b. Provide restroom facilities as appropriate. 5. Compensation for Services. City agrees to pay the Contractor a sum of $20,416.00 for the labor, materials and services rendered pursuant to this Agreement as described in Exhibit A. a. Any changes in the scope of the work which may result in an increase to the compensation due the Contractor shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. b. If Contractor is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay. 6. Method of Payment. a., Contractor shall prepare and submit to City, on a monthly basis, itemized invoices setting forth work performed under this Contract. Invoices submitted shall be paid in the same manner as other claims made to the City. b. Claims. To receive any payment on this Contract, the invoice or bill must include the following signed and dated statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." c. No fuel surcharges or surcharges of any kind will be accepted nor will they be paid. 7. Project Manager. The Contractor has designated Ames Construction, Inc. to Manage the Work. They shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Contractor may not remove or replace the designated manager without the approval of the City. 8. Standard of Care. Contractor shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Contractor shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Contractor's breach of this standard of care. Contractor shall put forth reasonable efforts to complete its duties in a timely manner. Contractor shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Contract. Contractor shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 9. Insurance. a. General Liability. Prior to starting the Work, Contractor shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Contractor or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. The policy(ies) shall name the City as an additional insured for the services provided under this Agreement and shall provide that the Contractor's coverage shall be primary and noncontributory in the event of a loss. b. Contractor shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker's CompensationStatutory Limits Employer's Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Comprehensive Liability $1,500,000 property damage per occurrence $2,000,000 general aggregate $2,000,000 Products=Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit(shall include coverage for all owned,hired and non-owed vehicles. Umbrella or Excess Liability $1,000,000 c. The Comprehensive General/Commercial General Liability policy(ies) shall be equivalent in coverage to ISO form CG 0001,and shall include the following: i. Premises and Operations coverage with no explosions, collapse, or underground damage exclusion(XCU). ii. Products and Completed Operations Property Damage coverage. Contractor agrees to maintain this coverage for a minimum of two(2)years following completion of its work. iii. Personal injury with Employment Exclusion(if any)deleted. iv. Broad Form CG0001 0196 Contractual Liability coverage,or its equivalent. v. Broad Form Property Damage coverage, including completed operations, or its equivalent. vi. Additional Insured Endorsement(s) on ISO form CG 2010,or its equivalent, naming"the City of Eden Prairie." The additional insured form needs to extend protection for "product and completed operations". vii. If the Work to be performed is on an attached community,there shall be no exclusion for attached or condominium projects. viii. "Stop gap" coverage for work in those states where Workers' Compensation insurance is provided through a state fund if Employer's liability coverage is not available. ix. Incidental Malpractice and Host Liquor Liability insurance applicable to the Contractor's performance under this Contract. x. Severability of Insureds provision. d.- Contractor shall maintain in effect all insurance coverages required under this Paragraph at Contractor's sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. In addition to the requirements stated above, the following applies to the insurance policies required under this Paragraph: i. All polices shall be written on an "occurrence" form ("claims made" and "modified occurrence"forms are not acceptable); ii. All polices shall be apply on a"per project"basis; iii. All policies, except the Worker's Compensation Policy, shall contain a waiver of subrogation naming"the City of Eden Prairie"; iv. All policies, except the Worker's Compensation Policiy, shall name "the City of Eden Prairie"as an additional insured; v. All policies, except the Worker's Compensation Policy, shall insure the defense and indemnity obligations assumed by Contractor under this Contract;and vi. All polices shall contain a provision that coverages afforded there under shall not be canceled or non-renewed or restrictive modifications added,without thirty (30)days prior written notice to the City. e. A copy of the Contractor's Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Contractor's Work. Upon request a copy of the Contractor's insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Contractor has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies.City will not be obligated,however,to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Contractor of any deficiencies in such documents and receipt thereof shall not relieve Contractor from, nor be deemed a waiver of, City's right to enforce the terms of Contractor's obligations hereunder.City reserves the right to examine any policy provided for under this paragraph. f. Effect of Contractor's Failure to Provide Insurance. If Contractor fails to provide the specified insurance,then Contractor will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation)to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law,this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission(including breach of contract)of Contractor, its subcontractors, agents, employees or delegates. Contractor agrees that this indemnity shall be construed and applied in favor of indemnification. Contractor also agrees that if applicable law limits or precludes any aspect of this indemnity,then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity,the City may require Contractor to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation;or ii. Furnish a written acceptance of tender of defense and indemnity from Contractor's insurance company. Contractor will take the action required by the City within fifteen(15)days of receiving notice from the City. 10. Indemnification. Contractor will indemnify City and hold it harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney's fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Contractor or any negligent or intentional act or omission performed, taken or not performed or taken by Contractor, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Contractor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City,its agents or employees. 11. Termination. a. This Agreement may be terminated at anytime by either party for breach or non-performance of any provision of this Agreement in accordance with the following. The party("notifying party") who desires to terminate this Agreement for breach or non-performance of the other party ("notified party") shall give the notified party notice in writing of the notifying party's desire to terminate this Agreement describing the breach or non-performance of this Agreement entitling it to do so. The notified party shall have five (5) days from the date of such notice to cure the breach or non-performance. Upon failure of the notified party to do so, this Agreement shall automatically terminate. b. Upon the termination of this Agreement, whether by expiration of the original or any extended term or terms hereof, or for any other reason, Contractor shall have the right, within a reasonable time after such termination to remove from City's premises any and all of Contractor's equipment and other property. Except for liability resulting from acts or omissions of a party, arising, taken or omitted prior to such termination, the rights and obligations of each party resulting from this Agreement shall cease upon such termination. Any prior liability of a party shall survive termination of this Agreement. c. In the event of dissolution, termination of existence, insolvency, appointment of a receiver, assignment for the benefit of creditors, or the commencement of any proceeding under any bankruptcy or insolvency law, or the service of any warrant, attachment, levy or similar process involving Contractor, City may, at its option in addition to any other remedy to which City may be entitled, immediately terminate this Agreement by notice to Contractor, in which event, this Agreement shall terminate on the notice becoming effective. 12. Notice. Required notices to the Contractor shall be in writing, and shall be either hand-delivered to the Contractor, its employees or agents, or mailed to the Contractor by certified mail at the following address: Ames Construction, Inc. 2000 Ames Drive Burnsville, MN 55306 Notices to the City shall be in writing and shall be either hand-delivered or mailed to the City by certified mail at the following address: Leslie A.Stovring City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Notices shall be deemed effective on the date of receipt. Any party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 13. Independent Contractor. Contractor is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Agreement, who shall be employees, and under the direction, of Contractor and in no respect employees of City, and(ii) shall have no authority to employ persons,or make purchases of equipment on behalf of City,or otherwise bind or obligate City. No statement herein shall be construed so as to find the Contractor an employee of the City. 14. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 15. Audit Disclosure and Data Practices. Any reports, information, data, etc. given to, or prepared or assembled by the Contractor under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. The books, records, documents and accounting procedures and practices of the Contractor or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement. The Contractor shall at all times abide by Minn. Stat. 13.01 et seq., the Minnesota Government Data Practices Act, to the extent the Act is applicable to data and documents in the possession of the Contractor. 16. Non-Discrimination. During the performance of this Agreement, the Contractor shall not discriminate against any employee or applicant for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Contractor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Contractor shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Contractor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 17. Conflicts. No salaried officer or employee of the City and no member of the Council, or Commission,or Board of the City shall have a financial interest,direct or indirect, in this Agreement. The violation of this provision renders the agreement void. Any federal regulations and applicable state statutes shall not be violated. 18. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to termination of this Agreement and for one(1)year thereafter,without prior written consent of the former employer in each case. 19. Rights and Remedies. The duties and obligations imposed by this Agreement and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 20. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be entitled to recover punitive,special or consequential damages or damages for loss of business. 21. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation,attorneys'fees paid or incurred by the City in connection with the enforcement by the City during the term of this Agreement or thereafter of any of the rights or remedies of the City under this Agreement. 22. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the city of one of the Voting Members unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Contract. 25. Waiver. No action nor failure to act by the City or the Contractor shall constitute a waiver of any right or duty afforded any of them under the Agreement, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically -agreed.in writing _: ..:.:_...... 26. Entire Agreement. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE By: Its: CONTRACTOR: 7 By: l 1,.// Its: UP— City of Eden Prairie—October 9,2012 Purgatory Creek—Streambank Repair Plan (Study Area 4) Project 07-5698 Quote Form Description Unit Estimated Quantity Unit Price Extension Mobilization/Demobilization L.S. .S. 1 5� Oct) 0 000 Clearing and Grubbing S.Y. 470 3, 2. c I3 2 `7o SD Remove Existing Vane L.S. 1 ctO G,d Q Yac, 00 Import Granular Fill(Compacted Volume) C.Y. 30 E. i._ o. 1, 2 3 a. v 0 Import Topsoil Fill(In-place Volume) S.Y. 25 / 1, Z I 3 �Zo, 21 -- Native Seed(BWSR Mix 34-262) S.Y. 825 6, (o 0 Erosion Control Blanket S.Y. 825 3 r a, FF7. Erosion Control Biolog L.F. 70 (a. CD 73 Za 0 Vane-Excavation(In-place Volume) C.Y. 30 Z 2, o 0 Vane-Import Boulders Each 23 /3 Z. a a Vane—Import Riprap (MnDOT CL II) Ton 30 /2 Z, o.0 3 , c,c,. 0 0 Vane—Import Granular Filter Material(MnDOT 3149) Ton 7 G /e 2 g. 't/2 g-, 7 S Total of Extensions for Quote Items= 2 6 Li/C...„ 6 (3 AM Col-)5 2xG7l o-15 /d..J_ _ l CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda November 20, 2012 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 12-5813 ITEM NO.: VIII.N. Leslie Stovring Approve Professional Services Agreement Public Works/Engineering with Wenck Associates for the Town Center Drainage Study utilizing a Met Council TOD Grant Requested Action Move to: Approve Professional Services Agreement with Wenck Associates, Inc. for the Town Center Drainage Study utilizing a Met Council TOD Grant in the amount of$62,500. Synopsis The City applied for a Transit Oriented Demand(TOD)Grant from the Metropolitan Council in May 2012 to create opportunities within the Town Center Area for innovative multi-purpose stormwater management facilities that utilize a shared function while providing an aesthetic amenity. The grant will cover$45,000 of the cost; the remaining will be paid out of the stormwater utility fund. Background Information The City of Eden Prairie received a grant from the Metropolitan Council in January 2012 for an analysis to identify and assess water quality Best Management Practices (BMPs) for the Town Center area in Eden Prairie. The study area will also include the Eden Prairie Mall. The BMP's will address volume,total suspended solids and total phosphorus on privately or publicly owned property. Proposals were solicited from Wenck Associates and SRF Consulting and Wenck was selected to prepare a final proposal. The scope of work includes: • Evaluation of the State of Minnesota Minimum Impact Design Standards (MIDS) and how they could be incorporated into the Town Center • Review the forthcoming Stormwater Permit to determine the minimum design standards that will be required for development during the next permit cycle. • Update the existing hydrologic model prepared for the Staring Lake watershed and review historical land patterns, including areas with poor soils. This information will be used to delineate areas where infiltration would likely not be feasible for stormwater treatment. • Provide opportunities to meet with landowners within the study area,the Riley-Purgatory-Bluff Creek Watershed District(RPBCWD),the Conservation Commission and other interested parties to determine how stormwater management techniques can be incorporated in an effective but cost-efficient manner. • Prepare a Stormwater Management Guide for Redevelopment that will establish a set of stormwater management criteria. The Guide will inform and assist developers in designing innovative, green BMPs for use while facilitating transit-oriented development objectives. Attachments Wenck Proposal Professional Services Agreement Wenk Assoc \i'\./€ nc1800 P oneer Cree,ICe. 1800 Pioneer Creek Center P.O.Box 249 Maple Plain,MN 55359-0249 Engineers • Scientists (800)472-2232 Business Professionals (763)479-4200 Fax(763)479-4242 wenckmp@wenck.com www.wenck.com September 18, 2012 Ms. Leslie Stovring Environmental Coordinator City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344-4485 RE: Eden Prairie Downtown Watershed Assessment and Planning revised Scope and Budget Dear Ms. Stovring: Thank you for selecting Wenck to write the Downtown Watershed Assessment and Planning Study. With information from our June 6 and September 5, 2012 meetings, we are able to clarify and revise our scope and budget. Project Understanding Wenck understands the City is interested in developing a stormwater management plan for the downtown watershed that is expected to be redeveloped concurrent with the light rail extension. The downtown watershed is south of Highway 5, includes Eden Prairie Mall, and extends southwest to Presbyterian Homes. A significant focus of the plan will be to develop standards that create consistency in design and performance and that encourage stormwater management as an amenity rather than a required practice "tucked" in the corner of a site. The plan will include standards and practices using shared stacked benefits around a Transit Orientated Design such as volume reduction, water quality treatment, art, landscaping and open space on privately and publicly owned property. Standards will reference Minimum Impact Design Standards (MIDS) developed by the Minnesota Pollution Control Agency(MPCA) and the forthcoming revised NPDES Municipal Permit. Minimum Impact Design Standards (MIDS) Stormwater management has evolved substantially over the past 20 years. Historically, the goal was to move water off the landscape quickly and reduce flooding concerns. Now, stormwater professionals focus on keeping the raindrop where it falls to mimic natural hydrology in order to minimize the amount of pollution reaching our lakes, rivers and streams, and to recharge our ground waters. In 2009,the Minnesota Legislature allocated funds to "develop performance standards, design standards or other tools to enable and promote the implementation of low impact development and other stormwater management techniques." (Minnesota Statutes 2009, section 115.03, subdivision 5c). MIDS represents the next generation of stormwater management and is based on low impact development (LID) — an approach to storm water management that mimics a site's natural hydrology as the landscape is developed. Using the LID approach, storm water is managed on site and the rate and g:\public works\engineering\ic#s\1-active folders\5813-12 town center stormwater pond project\proposals and invoices\2012-09-18 wenck proposal for town center study.docx Ms. Leslie Stovring Environmental Coordinator City of Eden Prairie September 18, 2012 volume of predevelopment storm water reaching receiving waters is unchanged.The calculation of predevelopment hydrology is based on native soil and vegetation. National Pollutant Discharge Elimination System (NPDES) Municipal Permit The Municipal Permit (MS4 General Permit) was issued in 2006 to address the new federal Phase II NPDES stormwater regulations for small MS4s.These federal rules identified an iterative process for improved stormwater management where MS4 programs are strengthened with each five year permit cycle. MPCA reports the current permit will be reissued in September or October 2012 to shift efforts from permit program development to performance standards. Wenck has reviewed the draft permit and will adjust the scope of work as necessary when the permit is approved. Project Scope/Approach The primary project goal is to develop a plan that will enable this area to successfully redevelop over the next 15 to 20 years while incorporating stormwater practices that satisfy regulatory requirements and serve as amenities for residents and property owners. The following tasks describe how the Wenck team will achieve this goal for the City: 1. Project kick-off meeting. Wenck will prepare an agenda, lead the meeting and prepare minutes. The outcome of the kick-off meeting is to have City staff and Wenck team members agree on the project goals, project scope and schedule. We will discuss all existing information available for the study including topographic information, air photos, storm sewer piping,ground water levels, soils, property ownership and P8 models. For example, Wenck understands the current topographic data is accurate but forthcoming county LiDAR data may be better when it becomes available this summer. 2. Existing condition P8 model. Wenck will review the "existing condition" P8 model developed as part of the Pond Inventory and Maintenance Assessment project.The results of this model will be used to compare to the "ultimate development vision" P8 model developed as part of this project. 3. Review historic maps for wetlands. Knowledge of historic wetland areas and poor soils will indicate areas to avoid for infiltration of stormwater. We understand most soils in the area are Hydrologic Soil Group B or C. 4. Review MIDS recommendations and forthcoming NPDES permit and nutrient standards for Purgatory Creek. It will be necessary to understand which of the multiple stormwater regulations will be the most restrictive. 5. Assess benefits of stormwater practices. Wenck will identify potential stormwater practices to be used in the downtown watershed area. Construction and maintenance costs will be estimated to determine the cost per volume captured or treated. This task may include some design of LRT stations because the City desires the LRT alignment through the downtown watershed, although that is not the current proposed route. Wenck will also consider under street practices that could be added during street reconstruction projects and stormwater practices at the nearby Eden Prairie Mall. 2 Wenck G:\Public Works\Engineering\ICPPS\1-ACTIVE Folders\5813-12 Town Center Stormwater Pond Project\Proposals and Invoices\2012-09-18 Wenck Proposal for Town Center Study.docx Ms. Leslie Stovring Environmental Coordinator City of Eden Prairie September 18, 2012 6. Prepare artistic renderings of stormwater practices. The practices identified in Task#5 will be drawn to display how they can be constructed as an amenity in the landscape. 7. Meet with City staff to screen stormwater practice options. The work done to date will be discussed with city staff to refine the list of potential stormwater practices and either remove some from further consideration or add some as-yet unknown practices. 8. Ultimate development vision P8 model. This task will update the existing condition P8 model from Task#2 with all screened BMPs to determine the overall benefit when they are constructed. If pollutant loading or runoff volume is reduction is not adequate, a sensitivity analysis will be performed to ensure proposed standards will achieve the desired goals. 9. Prepare a draft watershed assessment and planning report. The report will describe the methods used during the study, results, and recommendations. It will include an appendix that can serve as a "design guide" for future redevelopment in the watershed. Information in the design guide may include planting, maintenance access, aesthetics, and infiltration guidelines. 10. Meet with City staff to discuss the draft report.Wenck will complete one round of report revisions based on City staff comments. 11. Meet with City staff and property owners to discuss implementation. This task will present the design guide concepts to private property owners and show how stormwater management practices are being implemented elsewhere. Wenck assumes that City staff will schedule, coordinate, and lead the meeting. Wenck staff will attend to summarize the plan and technical information. 12. Attend City Council meeting to present the draft report. Project Budget and Team The proposed budget for the scope of work described above is$62,500. A detailed budget with per task costs is attached. Joe Bischoff will serve as the Project Manager with Senior Review by Ed Matthiesen. Todd Shoemaker will serve as the water resources engineer with design support by Lucius Jonett who is a landscape architect and stormwater designer. Thank you again for selecting us for this project. If you have any questions about our revised scope of work and budget, please contact Joe Bischoff or me at 763-479-4200. Sincerely, WENCK ASSOCIATES, INC. Ed Matthiesen, P.E. Joe Bischoff Principal Principal 3 Wenck G.\Public Works\Engineering\ICPS\1-ACTIVE Folders\5813-12 Town Center Stormwater Pond Project\Proposals and Invoices\2012-09-18 Wenck Proposal for Town Center Study.docx Eden Prairie Downtown Subwatershed BMP Assessment and Planning Flow Volume,TSS and TP Professional Services Cost Estimate 9/18/2012 Matthiesen Shoemaker Bischoff GIS Jonett Tasks $180 $144 $156 $100 $101 1 Project kick-off meeting 2 8 2 2 Existing condition P8 model 32 4 3 Review historic maps for wetlands/soils 8 4 4 Review MIDS, NPDES permit, Purgatory Creek standards 8 4 5 Assess benefits of stormwater practices 8 60 4 8 16 6 Prepare artistic renderings of stormwater practices 4 8 2 24 60 7 Meet with City staff to screen stormwater practice options 2 8 2 8 8 8 Ultimate development vision P8 model 40 8 9 Prepare draft watershed assessment and planning report 8 40 8 8 24 10 Meet with City staff to discuss draft report. Revise report. 2 16 2 4 11 Meet with City staff and property owners. 8 4 4 12 Attend City Council meeting to present the draft report 2 2 Hours subtotal 28 238 28 72 108 Cost $5,040 $34,272 $4,368 $7,200 $10,908 Objective 1 subtotal Labor $61,788 Mileage(450 mi$$0.555/mi) $250 Report production $500 Total $62,538 g:\public works\engineering\ic#s\1-active folders\5813-12 town center stormwater pond project\proposals and invoices\2012-09-18 wenck proposal for town center study.docx Rev. 3-29-12 Standard Agreement for Professional Services This Agreement is made on the 8th day of November, 2012, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Wenck Associates, inc., a Minnesota engineering firm (hereinafter "Consultant") whose business address is 1800 Pioneer Creek Center, Maple Rain, MN 55359, Preliminary Statement The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of professional services by Consultant for the Downtown Watershed Assessment and Planning hereinafter referred to as the "Work". The City and Consultant agree as follows: 1. Scope of Work. The Consultant agrees to provide the professional services shown in Exhibit "A" (Letter to Leslie StoVring dated September 18, 2012) in connection with the Work. The terms of this Agreement shall take precedence over any provisions of the Consultants proposal and/or general conditions including proposals and/or general conditions. If the Consultants proposal is attached as the Exhibit A Scope of Work, City reserves the right to reject any general conditions in such proposal. 2. Term. The term of this Agreement shall be from November 8, 2012 through December 31, 2013 the date of signature by the parties notwithstanding. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated. 3. Compensation for Services. City agrees to pay the Consultant on an hourly basis plus expenses in a total amount not to exceed $62,500 for the services as described in Exhibit A. A. Any changes in the scope of the work which may result in an increase to the compensation due the Consultant shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. B. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City. C. If Consultant is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. 1 Rev. 3-29-12 4. City Information. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services: A. Access to the Area. Depending on the nature of the Work, Consultant may from time to time require access to public and private lands or property. As may be necessary, the City shall obtain access to and make all provisions for the Consultant to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work. B. Consideration of the Consultant's Work. The City shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Consultant, and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the Consultant. C. Standards. The City shall furnish the Consultant with a copy of any standard or criteria, including but not limited to, design and construction standards that may be required in the preparation of the Work for the Project. D. Owner's Representative. A person shall be appointed to act as the City's representative with respect to the work to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the services provided or materials, equipment, elements and systems pertinent to the work covered by this Agreement. 5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an itemized invoice for professional services performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City for: A. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall indicate for each employee, his or her name, job title, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Consultant shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Consultant shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City's project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract. B. Suspended Work. If any work performed by the Consultant is suspended in whole or in part by the City, the Consultant shall be paid for any services performed prior to receipt of written notice from the City of such suspension, all as shown on Exhibit A. C. Payments for Special Consultants. The Consultant shall be reimbursed for the work of special consultants, as described in Section 3B, and for other items when authorized in writing by the City. D. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: "1 declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." 6. Project Manager and Staffing. The Consultant has designated Joe Bischoff and Todd Shoemaker to serve on the Project. They shall be assisted by other staff members as 2 Rev. 3-29-12 necessary to facilitate the completion of the Work in accordance with the terms established herein. Consultant may not remove or replace these designated staff from the Project without the approval of the City. 7. Standard of Care. Consultant shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Consultant shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Consultant's breach of this standard of care. Consultant shall put forth reasonable efforts to complete its duties in a timely manner, Consultant shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Consultant shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 8. Audit Disclosure. Any reports, information, data, etc. given to, or prepared or assembled by the Consultant under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. The books, records, documents and accounting procedures and practices of the Consultant or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Contract. The Consultant shall at all times abide by Minn. Stat. 13.01 et seq., the Minnesota Government Data Practices Act, to the extent the Act is applicable to data and documents in the possession of the Consultant. 9. Termination. This Agreement may be terminated by either party by seven (7) days written notice delivered to the other party at the address written above. Upon termination under this provision, if there is no fault of the Consultant, the Consultant shall be paid for services rendered and reimbursable expenses until the effective date of termination. If however, the City terminates the Agreement because the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant, and the City may retain another consultant to undertake or complete the work identified in Paragraph 1. 10. Subcontractor. The Consultant shall not enter into subcontracts for services provided under this Agreement except as noted in the Scope of Work, without the express written consent of the City. The Consultant shall pay any subcontractor involved in the performance of this Agreement within the ten (10) days of the Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. If the Consultant fails within that time to pay the subcontractor any undisputed amount for which the Consultant has received payment by the City, the Consultant shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Consultant shall pay the actual interest penalty due to the subcontractor A subcontractor who prevails in a civil action to collect interest penalties from the Consultant shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 3 Rev. 3-29-12 11. Independent Consultant. At all times and for all purposes herein, the Consultant is an independent contractor and not an employee of the City. No statement herein shall be construed so as to find the Consultant an employee of the City. 12. Non-Discrimination. During the performance of this Agreement, the Consultant shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Consultant shall post in places available to employees and applicants for employment, notices setting forth the provision of this non- discrimination clause and stating that all qualified applicants will receive consideration for employment. The Consultant shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Consultant further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 13. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 14. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City. 15. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement, 16. Entire Agreement. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof, Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 17. Compliance with Laws and Regulations. In providing services hereunder, the Consultant shall abide by statutes, ordinances, rules and regulations pertaining to the provisions of services to be provided. The Consultant and City, together with their respective agents and employees, agree to abide by the provisions of the Minnesota Data Practices Act, Minnesota Statutes Section 13, as amended, and Minnesota Rules promulgated pursuant to Chapter 13. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 18. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement 19. Indemnification. Consultant agrees to defend, indemnify and hold the City, its officers, and employees harmless from any liability, claims, damages, costs, judgments, or expenses, including reasonable attorney's fees, to the extent attributable to a negligent or otherwise wrongful act or omission (including without limitation professional errors or omissions) of the Consultant, its agents, employees, or subcontractors in the performance of the services 4 Rev. 3--29-12 provided by this Agreement and against all losses by reason of the failure of said Consultant fully to perform, in any respect, all obligations under this Agreement. Consultant further agrees to indemnity the City for defense costs incurred in defending any claims, unless the City is determined to be at fault. 20. Insurance. A. General Liability. Prior to starting the Work, Consultant shall procure, maintain and pay for such insurance as will protect against claims for bodily injury or death, or for damage to property, including loss of use, which may arise out of operations by Consultant or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable, Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law, The policy(ies) shall name the City as an additional insured for the services provided under this Agreement and shall provide that the Consultant's coverage shall be primary and noncontributory in the event of a loss. B. Consultant shall procure and maintain the following minimum insurance coverages and limits of liability on this Project: Worker's Compensation Statutory Limits Employer's Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Comprehensive General Liability $1,500,000 property damage and bodily injury per occurrence $2,000,000 general aggregate $2,000,000 Products — Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles. Umbrella or Excess Liability $1,000,000 C. The Comprehensive General/Commercial General Liability policy(ies) shall be equivalent in coverage to ISO form CG 0001, and shall include the following- a. Premises and Operations coverage with no explosions, collapse, or underground damage exclusion (XCU). b. Products and Completed Operations coverage. Consultant agrees to maintain this coverage for a minimum of two (2) years following completion of its work. Said coverage shall apply to bodily injury and property damage arising out of the products-completed operations hazard. 5 Rev. 3-29-12 c. Personal injury with Employment Exclusion (if any) deleted. d. Broad Form CG0001 0196 Contractual Liability coverage, or its equivalent. e. Broad Form Property Damage coverage, including completed operations, or its equivalent. f. Additional Insured Endorsement(s), naming the "City of Eden Prairie' as an Additional Insured, on ISO form CG 20 10 07 04 or such other endorsement form as is approved by the City. g. If the Work to be performed is on an attached community, there shall be no exclusion for attached or condominium projects. h. "Stop gap" coverage for work in those states where Workers' Compensation insurance is provided through a state fund if Employer's liability coverage is not available. Severability of Insureds provision. D. Professional Liability Insurance. The Consultant agrees to provide to the City a certificate evidencing that they have in effect, with an insurance company in good standing and authorized to do business in Minnesota, a professional liability insurance policy. Said policy shall insure payment of damage for legal liability arising out of the performance of professional services for the City. Said policy shall provide an aggregate limit of $2,000,000. Said policy shall not name the City as an insured. E. Consultant shall maintain in effect all insurance coverages required under this Paragraph at Consultant's sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. In addition to the requirements stated above, the following applies to the insurance policies required under this Paragraph: a. All policies, except the Professional Liability Insurance policy, shall be written on an "occurrence" form ("claims made" and "modified occurrence" forms are not acceptable); b. All policies, except the Professional Liability Insurance policy, shall be apply on a "per project" basis; c. All policies, except the Professional Liability Insurance and Worker's Compensation Policies, shall contain a waiver of subrogation naming "the City of Eden Prairie"; d. All policies, except the Professional Liability Insurance and Worker's Compensation Policies, shall name "the City of Eden Prairie" as an additional insured; e. All policies, except the Professional Liability Insurance and Worker's Compensation Policies, shall insure the defense and indemnity obligations assumed by Consultant under this Agreement; and f. All polices shall contain a provision that coverages afforded there under shall not be canceled or non-renewed, nor shall coverage limits be reduced by endorsement, without thirty (30) days prior written notice to the City. 6 Rev. 3-29-12 A copy of the Consultant's Certificate of Insurance which evidences the compliance with this Paragraph 20, must be filed with City prior to the start of Consultant's Work. Upon request a copy of the Consultant's insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Consultant has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Consultant of any deficiencies in such documents and receipt thereof shall not relieve Consultant from, nor be deemed a waiver of, City's right to enforce the terms of Consultant's obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. F. Effect of Consultant's Failure to Provide Insurance. If Consultant fails to provide the specified insurance, then Consultant will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that this indemnity shall be construed and applied in favor of indemnification. Consultant also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Consultant to: a. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or b. Furnish a written acceptance of tender of defense and indemnity from Consultant's insurance company. Consultant will take the action required by the City within fifteen (15) days of receiving notice from the City. 21. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement ("Information") shall become the property of the City, but Consultant may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Consultant also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Agreement ("Project") does not relieve any liability on the part of the Consultant, but any use of the Information by the City or the Consultant beyond the scope of the Project is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 7 Rev. 3-29-12 22, Dispute Resolution/Mediation. Each dispute, claim or controversy arising from or related to this Service Agreement or the relationships which result from this Agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party, Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a Mediated Settlement Agreement, which Agreement shall be enforceable as a settlement in any court having jurisdiction thereof. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Conflicts. No salaried officer or employee of the City and no member of the Board of the City shall have a financial interest, direct or indirect, in this Contract. The violation of this provision renders the Contract void. Any federal regulations and applicable state statutes shall not be violated. 25. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. 26. Entire Agreement. This Agreement constitutes the entire agreement of the parties and supersedes all prior communications, understandings and agreements relating to the subject matter hereof, whether oral or written. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager • FIRM NAME gi Aar& By: Its: l/�L[� ela-v -� 8 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar November 20, 2012 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 01-5545 ITEM NO.: VIII.O. Mary Krause Award Contract to Minger Construction, Public Works/Engineering Inc. for Homeward Hills Road Culvert Replacement Project Requested Action Move to: Award Contract for the Homeward Hills Road Culvert Replacement Project to Minger Construction, Inc. in the amount of$449,112.50. Synopsis Bids were received on Thursday,November 8, 2012 for the Homeward Hills Road Culvert Replacement Project. Five bids were received and are tabulated as indicated on the attached Summary of Bids and Bid Tabulation. Background Information The project will replace a deteriorated culvert under Homeward Hills Road just south of Runnel Circle. Th e new storm sewer pipe will be t unneled under the road way as well as th e Met Council Environmental Service's (MCES) metro sewer interceptor pipe. Due to the com plexity and additional requirem ents of tunneling under the 66" sewer in terceptor pipe, specialized construction techniques are required to insure reliability during and after construction. Project Cost Summary Because of the com plexity and requirem ents of the desig n and construction tech niques, the project cost is substantially m ore expensive than a typical tunne ling or boring project. The bid price of$449,112.50 was 9% above the Engineer's Estimate of$411,885.67. The project will be financed with our storm water utility funds. Attachment • HTPO Recommendation of Award • Summary of Bids • Bid Tabulation Z "'1 p 1 I Engineering Surveying " Landscape Architecture 1 16 November 9,2012 Mr. Rod Rue City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Re: Construction Bids for Homeward Hills Road Culvert Replacement, I.C. #01-5545 Dear Mr. Rue, Bids were received and opened at 10:00 a.m. on Thursday November 8, 2012 for the above referenced project. The bids are shown on the attached Summary of Bids. The Engineer's Estimate for this project was$411,885.67. The low bidder, Minger Construction, Inc., came in 9% above the Engineer's Estimate with a bid of$449,112.50. Recommendation is made that the City Council awards I.C. 01-5545 to Minger Construction, Inc. in the amount of $449,112.50. This recommendation considers that the City Council reserves the right to waive minor irregularities and further reserves the right to award the contract in the best interests of the City. Respectfully, Hansen Thorp Pellinen Olson, Inc. Laurie A.Johnson,P.E. 7510 Market Place Drive Enclosures Eden Prairie, MN 55344 952-829-0700 952-829-7806 fax www.htpo.com HANSEN THORP PELLINEN OLSON, INC. SUMMARY OF BIDS City of Eden Prairie I.C. 01-5545 DESCRIPTION: Homeward Hills Road Culvert Replacement BIDS OPENED: November 8,2012 CONSULTING ENGINEER: Hansen Thorp Pellinen Olson, Inc. CHECKED BY: Hansen Thorp Pellinen Olson, Inc. Bidder Bid Security Total Bid Minger Construction, Inc. Yes $449,112.50 S.M. Hentges & Sons, Inc. Yes $509,211.51 ECI, Inc. Yes $546,587.00 Lametti & Sons, Inc. Yes $553,308.00 RIM Pipe Services, Inc. Yes $565,897.00 Bid Tabulation 11-8-2012 Homeward Hills Road Culvert Replacement City of Eden Prairie I.C.#01-5545 Engineering&Construction Engineer's Estimate Minger Construction,Inc. S.M.Hentges&Sons,Inc. Innovations,Inc. Lametti&Sons,Inc. EJM Pipe Services,Inc. ITEM UNIT UNIT UNIT UNIT UNIT UNIT No. ITEM QTY UNIT PRICE TOTAL PRICE TOTAL PRICE TOTAL PRICE TOTAL PRICE TOTAL TOTAL PRICE 1 Mobilization 1 Lump Sum $10,000.00 $10,000.00 $25,075.00 $25,075.00 $29,800.00 $29,800.00 $14,500.00 $14,500.00 $25,000.00 $25,000.00 $25,000.00 $25,000.00 2 Traffic Control 1 Lump Sum $2,000.00 $2,000.00 $1,950.00 $1,950.00 $1,860.00 $1,860.00 $2,500.00 $2,500.00 $5,600.00 $5,600.00 $5,000.00 $5,000.00 3 Clearing and Grubbing 0.5 Acres $5,000.00 $2,500.00 $11,250.00 $5,625.00 $10,325.00 $5,162.50 $5,000.00 $2,500.00 $10,000.00 $5,000.00 $2,500.00 $1,250.00 4 Dewatering 6 Weeks $5,000.00 $30,000.00 $3,135.00 $18,810.00 $10,240.00 $61,440.00 $9,000.00 $54,000.00 $10,000.00 $60,000.00 $7,890.00 $47,340.00 5 Filtration Sump Pit 2 Each $1,000.00 $2,000.00 $900.00 $1,800.00 $475.00 $950.00 $1,500.00 $3,000.00 $2,700.00 $5,400.00 $500.00 $1,000.00 6 Common Excavation 1 Lump Sum $5,000.00 $5,000.00 $25,000.00 $25,000.00 $11,100.00 $11,100.00 $3,500.00 $3,500.00 $4,500.00 $4,500.00 $2,500.00 $2,500.00 7 Remove Storm Sewei 80 Lin.Ft. $10.00 $800.00 $20.25 $1,620.00 $19.50 $1,560.00 $30.00 $2,400.00 $10.00 $800.00 $10.00 $800.00 8 Abandon Storm Sewei 290 Lin.Ft. $15.00 $4,350.00 $15.25 $4,422.50 $15.50 $4,495.00 $35.00 $10,150.00 $20.00 $5,800.00 $14.00 $4,060.00 9 Remove and Abandon Manhole 1 Lump Sum $1,500.00 $1,500.00 $750.00 $750.00 $2,205.00 $2,205.00 $1,500.00 $1,500.00 $1,200.00 $1,200.00 $1,200.00 $1,200.00 10 Remove Bituminous Curb 50 Lin.Ft. $8.00 $400.00 $3.30 $165.00 $6.10 $305.00 $9.00 $450.00 $1.00 $50.00 $5.00 $250.00 11 Bituminous Curb 50 Lin.Ft. $12.00 $600.00 $16.75 $837.50 $46.25 $2,312.50 $25.00 $1,250.00 $10.00 $500.00 $50.00 $2,500.00 12 84"Manhole with Frame&Grate(0-8') 1 Each $9,000.00 $9,000.00 $12,750.00 $12,750.00 $7,420.00 $7,420.00 $12,500.00 $12,500.00 $5,000.00 $5,000.00 $15,500.00 $15,500.00 13 Extra Depth Manhole 6.7 Vert.Ft. $350.00 $2,345.00 $435.00 $2,914.50 $440.00 $2,948.00 $60.00 $402.00 $300.00 $2,010.00 $480.00 $3,216.00 14 42"RCP CL III(Open Cut) 24 Lin.Ft. $100.00 $2,400.00 $220.00 $5,280.00 $184.15 $4,419.60 $75.00 $1,800.00 $300.00 $7,200.00 $190.00 $4,560.00 15 21"RCP FES with Trashguard 1 Each $1,500.00 $1,500.00 $2,250.00 $2,250.00 $822.00 $822.00 $1,500.00 $1,500.00 $1,200.00 $1,200.00 $2,300.00 $2,300.00 16 42"RCP FES with Trashguard 1 Each $2,500.00 $2,500.00 $4,925.00 $4,925.00 $2,025.00 $2,025.00 $3,500.00 $3,500.00 $2,500.00 $2,500.00 $4,750.00 $4,750.00 17 Pipe Bedding-Binder Stone 90 Ton $35.00 $3,150.00 $37.55 $3,379.50 $33.75 $3,037.50 $50.00 $4,500.00 $30.00 $2,700.00 $39.00 $3,510.00 18 42"Jacked RCP Tunnel 160 Lin.Ft. $1,200.00 $192,000.00 $675.00 $108,000.00 $1,185.00 $189,600.00 $950.00 $152,000.00 $1,310.00 $209,600.00 $1,625.00 $260,000.00 19 42"Jacked Casing Pipe Contact Grouting 160 Lin.Ft. $50.00 $8,000.00 $47.00 $7,520.00 $53.70 $8,592.00 $100.00 $16,000.00 $70.00 $11,200.00 $25.00 $4,000.00 20 Jacking Pit Installation 1 Lump Sum $10,000.00 $10,000.00 $67,750.00 $67,750.00 $23,325.00 $23,325.00 $50,000.00 $50,000.00 $75,000.00 $75,000.00 $2,500.00 $2,500.00 21 Extensometer and Settlement Points 1 Lump Sum $5,000.00 $5,000.00 $5,200.00 $5,200.00 $10,325.00 $10,325.00 $7,500.00 $7,500.00 $4,000.00 $4,000.00 $8,000.00 $8,000.00 22 Piezometer Abandonment 1 Lump Sum $1,200.00 $1,200.00 $1,375.00 $1,375.00 $930.00 $930.00 $1,000.00 $1,000.00 $1,000.00 $1,000.00 $1,000.00 $1,000.00 23 Boulder and Cobble Allowance(During 1 Lump Sum $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 24 66"RCP Sanitary Interceptor Excavations& 1 Lump Sum $10,000.00 $10,000.00 $20,000.00 $20,000.00 $20,445.00 $20,445.00 $75,000.00 $75,000.00 $50,000.00 $50,000.00 $30,024.00 $30,024.00 Monitoring 25 66"RCP Sanitary Interceptor Soil Stabilization 1008 Cu.Ft. $25.00 $25,200.00 $27.50 $27,720.00 $15.00 $15,120.00 $20.00 $20,160.00 $1.00 $1,008.00 $29.00 $29,232.00 26 66"RCP Sanitary Interceptor Structural Support 1 Lump Sum $20,000.00 $20,000.00 $30,000.00 $30,000.00 $17,035.00 $17,035.00 $30,000.00 $30,000.00 $100.00 $100.00 $26,150.00 $26,150.00 - 27 66"RCP Sanitary Interceptor CLSM Grouting 25 Cu.Yd. $300.00 $7,466.67 $165.00 $4,125.00 $129.00 $3,225.00 $250.00 $6,250.00 $190.00 $4,750.00 $500.00 $12,500.00 28 66"RCP Sanitary Interceptor Concrete Bedding 16 Cu.Yd. $350.00 $5,600.00 $215.00 $3,440.00 $774.25 $12,388.00 $300.00 $4,800.00 $250.00 $4,000.00 $200.00 $3,200.00 29 66"RCP Sanitary Interceptor External Joint Wrap 4 Each $1,250.00 $5,000.00 $1,000.00 $4,000.00 $4,336.25 $17,345.00 $750.00 $3,000.00 $750.00 $3,000.00 $500.00 $2,000.00 30 Riprap CL III with Geotextile Fabric 10 Cu.Yd. $90.00 $900.00 $114.85 $1,148.50 $126.85 $1,268.50 $75.00 $750.00 $130.00 $1,300.00 $115.00 $1,150.00 31 Riprap CL IV with Geotextile Fabric 65 Cu.Yd. $95.00 $6,175.00 $114.85 $7,465.25 $126.85 $8,245.25 $75.00 $4,875.00 $140.00 $9,100.00 $115.00 $7,475.00 32 Boulder Toe Protection 75 Lin.Ft. $60.00 $4,500.00 $140.00 $10,500.00 $61.40 $4,605.00 $50.00 $3,750.00 $140.00 $10,500.00 $124.00 $9,300.00 33 Temporary Rock Ditch Check 1 Each $1,200.00 $1,200.00 $1,525.00 $1,525.00 $814.00 $814.00 $500.00 $500.00 $1,500.00 $1,500.00 $1,000.00 $1,000.00 34 Silt Fence 150 Lin.Ft. $4.00 $600.00 $3.90 $585.00 $3.70 $555.00 $8.00 $1,200.00 $8.00 $1,200.00 $5.00 $750.00 35 Curb Inlet Protection 2 Each $250.00 $500.00 $120.00 $240.00 $75.00 $150.00 $275.00 $550.00 $400.00 $800.00 $150.00 $300.00 36 Construction Fence 580 Lin.Ft. $2.00 $1,160.00 $1.65 $957.00 $4.10 $2,378.00 $5.00 $2,900.00 $3.00 $1,740.00 $2.00 $1,160.00 37 Street Sweeping 8 Hour $120.00 $960.00 $170.00 $1,360.00 $156.00 $1,248.00 $125.00 $1,000.00 $125.00 $1,000.00 $75.00 $600.00 38 Topsoil Borrow(LV) 150 Cu.Yd. $25.00 $3,750.00 $15.00 $2,250.00 $34.00 $5,100.00 $40.00 $6,000.00 $18.00 $2,700.00 $15.00 $2,250.00 39 Seed Mix 240(MnDOT 3876) 0.35 Acres $2,500.00 $875.00 $1,350.00 $472.50 $750.00 $262.50 $5,000.00 $1,750.00 $6,000.00 $2,100.00 $500.00 $175.00 40 Seed Mix 260(MnDOT 3876) 0.22 Acres $2,500.00 $550.00 $1,350.00 $297.00 $722.00 $158.84 $5,000.00 $1,100.00 $6,000.00 $1,320.00 $500.00 $110.00 41 Seed Mix 325(MnDOT 3876) 0.04 Acres $10,000.00 $400.00 $11,250.00 $450.00 $4,133.00 $165.32 $5,000.00 $200.00 $10,000.00 $400.00 $500.00 $20.00 42 Type 3 Fertilizer(MnDOT 3881) 220 Lb. $1.20 $264.00 $1.10 $242.00 $4.35 $957.00 $2.00 $440.00 $1.00 $220.00 $10.00 $2,200.00 43 Type 4 Fertilizer(MnDOT 3881) 4 Lb. $10.00 $40.00 $33.50 $134.00 $16.00 $64.00 $15.00 $60.00 $20.00 $80.00 $10.00 $40.00 44 Erosion Control Blanket,Category 3(MnDOT 1050 Sq.Yd. $1.50 $1,575.00 $1.40 $1,470.00 $2.00 $2,100.00 $3.00 $3,150.00 $1.20 $1,260.00 $4.00 $4,200.00 45 Erosion Control Blanket,Category 5(MnDOT 1900 Sq.Yd. $2.00 $3,800.00 $1.80 $3,420.00 $2.00 $3,800.00 $3.00 $5,700.00 $1.50 $2,850.00 $5.00 $9,500.00 46 Filter Log,Type Straw Bioroll 380 Lin.Ft. $3.00 $1,140.00 $3.35 $1,273.00 $4.05 $1,539.00 $5.00 $1,900.00 $4.00 $1,520.00 $4.00 $1,520.00 47 Hydraulic Soil Stabilizer,Type 5-Hydromulch 1300 Lb. $0.75 $975.00 $1.10 $1,430.00 $1.65 $2,145.00 $6.00 $7,800.00 $1.00 $1,300.00 $3.85 $5,005.00 (MnDOT 3884) - 48 Shrub-Elderberry(Sambucus Racemosa),#5 5 Each $40.00 $200.00 $55.75 $278.75 $42.50 $212.50 $300.00 $1,500.00 $150.00 $750.00 $200.00 $1,000.00 49 Shrub-Staghorn Sumac(Rhus Typhina),#5 14 Each $40.00 $560.00 $55.75 $780.50 $42.50 $595.00 $200.00 $2,800.00 $75.00 $1,050.00 $200.00 $2,800.00 50 Tree-Black Hills Spruce(Picea Glauca 2 Each $325.00 $650.00 $835.00 $1,670.00 $265.65 $531.30 $300.00 $600.00 $450.00 $900.00 $200.00 $400.00 Densata),6'Ht.B&B Tree-Quaking Aspen(Populas Temuloides),#20 51 Cont. 8 Each $200.00 $1,600.00 $560.00 $4,480.00 $265.65 $2,125.20 $300.00 $2,400.00 $200.00 $1,600.00 $200.00 $1,600.00 Total Bid $411,885.67 $449,112.50 $509,211.51 $546,587.00 $553,308.00 $565,897.00 HTPO 01-070 11/15/2012 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar November 20, 2012 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 01-5545 ITEM NO.: VIII.P. Rick Wahlen Award Contract to Champion Coatings, Public Works/Utilities Inc. for Water Treatment Plant Side 3 Clarifier Recoating Project Requested Action Move to: Award Contract for the Recoating of the Water Treatment Plant Side 3 Clarifiers to Champion Coatings Inc. in the amount of$419,500.00. Synopsis Bids were received on Tuesday,November 6, 2012 for the Water Treatment Plant Clarifier Recoating Project. Of five companies that requested plans and attended the pre-bid meeting, two submitted bids which are tabulated as indicated on the attached Bid Tabulation. Background Information Eden Prairie's water treatm ent plant was exp anded in ph ases to keep pace with population growth, therefore some portions of the system are older than others. The solids conta ct clarifier systems are immersed in highly corrosive water, and require periodic sandblasting down to bare metal and a subsequent heavy-duty painting to protect the metal components. Thanks to years of very deliberate cleaning and spot-painting, Eden Prairie's water treatment staff have been able to extend the useful life of these coatings to at least 20 years. S ides 1 and 2 were recoated in 2005. Side 3 was constructed in 1988 and has never been recoated. 25 y ears later, signs of rust and paint failure indicate it is time to recoat the equipment. Project Cost Summary Earlier estimates of cost for the clarifie rs only varied between $250,000 and$270,000, however complexities in the restoration process relative to removal/replacement of the weir plates and the many tight-space angles that have to be m anually prepared for finishing have driven the cost higher. Other considerations affecting the cost include working ar ound the need to continue to feed lime-softening water through th e work area into Side 4. Th e aggressive sandblasting will impact all areas of the Side 3 treatm ent area, therefore staff also recommends accepting Bid Alternates A ($47,000) and B ($25,000) , for the superstructure above the basins, the floors, and the adjacent building interior. The project will be financed with our water utility fund. Attachment • PCE Recommendation of Award • Bid Tabulation Far Progressive Consulting Engineers, Inc. 6120 Earle Brown Drive,Suite 629,Minneapolis,MN 55430-2581 (763)560-9133 FAX(763)560-0333 November 9, 2012 Mr. Rick Wahlen Manager of Utilities Eden Prairie Utilities 14100 Technology Drive Eden Prairie,Minnesota 55344 Re: Water Treatment Plant Side 3 Clarifier Recoating Project 12703 Bid Award Recommendation Dear Mr. Wahlen: There were two (2)bids submitted for the Water Treatment Plant Side 3 Clarifier Recoating Project. Bids were received from Champion Coatings,Inc. and TMI Coatings, Inc. Progressive Consulting Engineers reviewed the bids and present the following information: • The low bidder meeting specifications is Champion Coatings,Inc. for a Lump Sum Total Bid Price of $419,500 broken down into the following components: Lump Sum Bid Price for Base Bid of$347,000; Lump Sum Bid Price for Alternate A$47,000; and Lump Sum Bid Price for Alternate B $25,500. • Progressive Consulting Engineers has worked with Champion Coatings,Inc. in the past and we were satisfied with their performance. • Within 10 business days after the Notice of Award,the Successful Bidder shall sign and deliver the required number of counterparts of the Agreement and attached documents to the City. This is to comply with the specifications and to meet the project schedule. Progressive Consulting Engineers, Inc. recommends approval of the base bid plus alternates A and B due to the inevitable impact all the sandblasting and painting work will have on the superstructure and the interior of the building—especially the floors. There is an added cost due to the complexity of all the tight corners and difficult areas to clean,de-rust, and paint around. Therefore,Progressive Consulting Engineers,Inc.recommends Award of the Bid to Champion Coatings, Inc. for the Water Treatment Plant Side 3 Clarifier Recoating Project 12703 for a Lump Sum Total Bid Price of$419,500. Please contact me if you have any questions or concerns. Sincerely, Adam J. Kramer,P.E. Project Manager Civil • Structural • Water Supply • Municipal Bid Tabulation SIDE 3 CLARIFIER RECOATING PROJECT-PROJECT 12703 City of Eden Prairie,MN Bid Opening: Tuesday November 6,2012 at 10:00 A.M. BIDDER NAME r - — Item Description TMI Coatings,Inc. Champion Coatings,Inc. Receipt of Addendum No.1 1 (yes/no) Yes Yes 2 Lump Sum Total Bid Price $891,700 $419,500 3 Lump Sum Bid Price Base Bid $667,000 $347,000 4 Lump Sum Bid Price Alternate A $190,000 $47,000 5 Lump.Sum Bid Price Alternate B $34,700 $25,500 Bid Signed 6 (yes/no) Yes Yes Required Bid Security(Bid Bond) 7 (yes/no) Yes Yes List of Subcontractors 8 (yes/no) Yes/None Yes/None List of Suppliers 9 (yes/no) Yes Yes List of Project References 10 (yes/no) Yes Yes Affidavit of Non-Collusion 11 (yes/no) Yes Yes 12 Bidder Telephone 651-452-6100 952-707-9000 3291 Derminal Drive 7385 West 126th Street 13 Bidder Address St,Paul,MN 55121 Savage,MN 55378 Nn PCE Project No.12014 bld T,No,koonro»! CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda November 20, 2012 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.Q. Community Development: Approve Exclusive Broker Listing Janet Jeremiah/ Agreement with Cushman Wakefield for David Lindahl marketing of space currently occupied by CH Robinson Requested Action: Move to: Approve the Exclusive Brokerage Listing Agreement for Leasing between the City and Cushman Wakefield, the commercial real estate firm representing the City of Eden Prairie. Synopsis: Staff recommends retaining Cushman Wakefield to represent the City in finding a tenant to lease the 67,333 square feet currently occupied by CH Robinson. The agreement summarizes the services that will be provided by Cushman Wakefield and the fees the City is obligated to pay if they perform according to the terms of the agreement. The industry standard in commercial real estate transactions is for the seller or landlord to pay the real estate brokerage fees—and the associated costs are typically factored into the total rent received by the landlord over the complete term. Of the three proposals submitted for review Cushman Wakefield's fees were the most competitive and were based on a $4.25 per square foot rate for up to a five year term. For a term beyond five years they would charge an additional 2% of net rent collected beyond 5 years -but for no longer than 10 years. If there is a co-broker, that is a broker representing a tenant, their fee decreases to $2.25 per square foot for a five-year term and an additional 2% of rent collected beyond five-years. However, in addition to Cushman's fee a co-broker is expected to charge between $4 and $5 per square foot for their fee as well. Background: CH Robinson has been leasing 67,333 sf of space in the City Center since the early 1990's. They do not intend to renew their lease which expires February 28, 2014, and instead plan to move into a new building currently under construction at their corporate campus located on Flying Cloud Drive. In effort to find a broker to assist the city in finding a new tenant, staff sent a Request for Professional Real Estate Services to the three largest commercial brokerage firms in the twin cities: Cushman Wakefield, Colliers International, and CB Richard Ellis. Each of the three firms toured the CH space, submitted formal proposals, and were interviewed by City staff After careful consideration staff recommends hiring the team of John McCarthy and Larissa Champeau of Cushman &Wakefield to represent the City. Overall they had the strongest proposal and marketing plan, and have a great deal of experience in leasing space in Eden Prairie. A few of the more recent deals completed in Eden prairie include the sale of ADC Telecommunications to UHG, leasing of a portion of former ADC building to Wells Fargo, long term lease of Eden Bluff office building to CH Robinson as well as numerous others. They will provide an overview of their marketing plans at the December 4th Council workshop. Attachments: Project: Eden Prairie City Center—8080 Mitchell Rd. Eden Prairie, MN 55344 EXCLUSIVE BROKERAGE LISTING AGREEMENT FOR LEASING THIS AGREEMENT entered into this 16th day of October, 2012, by and between The City Of Eden Prairie, ("Owner")and NORTHMARQ REAL ESTATE SERVICES LLC, a Minnesota limited liability company("Broker"). In consideration of the mutual covenants contained herein,the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. Owner hereby employs Broker and grants to Broker the exclusive right to negotiate a lease or leases on the real property described on Exhibit A attached hereto ("Property") upon the terms and conditions hereinafter set forth. This Agreement shall apply to all portions of the Property except the portion of the Property leased to the Eden Prairie School District and such other exclusions as may be agreed upon in writing by Owner and Broker prior to execution of this Agreement. It is understood that the Owner has not by this agreement committed to lease the space currently occupied by the Owner but may consider in its sole discretion such proposals. 2. The term of this Agreement ("Term") shall commence on the date hereof and end at midnight on March 1, 2014 3. Broker hereby accepts said grant and agrees to use its continuing and best efforts to effect a lease(s)of the Property upon such terms and conditions as may be acceptable to Owner. If attached hereto, the minimum terms and conditions for such leases are set forth on Exhibit C. NOTICE: THE COMMISSION RATE FOR THE SALE, LEASE, RENTAL, OR MANAGEMENT OF REAL PROPERTY SHALL BE DETERMINED BETWEEN EACH INDIVIDUAL BROKER AND ITS CLIENT. 4. Broker shall be paid a commission pursuant to the schedule set forth on Exhibit B except as to CH Robinson as set forth below in this paragraph, if: a. All or any part of the Property is leased to a tenant(s), whether by Broker, Owner, or by or through anyone else prior to the expiration of this Agreement, or any tenant of the Property expands its leased premises or renews or extends its Term; b. A satisfactory tenant is procured who is ready, willing and able to lease said Property on terms equal to or greater than the minimums set forth on Exhibit"C" attached hereto; c. Any contract for the lease of the Property, or any part thereof, is made directly or indirectly by the Owner or Owner's agent: (i) prior to the expiration of this Agreement; or(ii)within one hundred eighty (180)days after the expiration of this Agreement("Override Period"), but only if the Property is leased to a person or entity with whom Broker has negotiated or to whom said Property has been submitted by Broker prior to such expiration in an effort to lease said Property or to any other person who has made an affirmative showing of interest in the Property, and Broker shall have submitted to the Owner within seventy-two (72) hours after the expiration of this Agreement a list of such persons or entities ("Protected Parties"). Any party who has submitted an offer to Owner or has been shown the Property by Owner during the Term of this Agreement shall be deemed a Protected Party without being listed in any such notice. d. Notwithstanding the above, no commission is owed to the Broker if any portion of the Property is leased or conveyed to the Eden Prairie School District e. Notwithstanding the above, no commission is owed to the Broker if any portion of the Property is leased or conveyed to T-Chek Systems, Inc. or Electronic Funds Source within six months of the date of this Agreement. If a lease is entered into with T-Chek Systems, Inc. or Electronic Funds Source more than six(6) months after this Agreement, the sole fee paid by Owner shall be equal to$.40 PSF, per year of the lease. If such event Broker will serve as the City's advocate and assist Owner in the renewal negotiations to assure that the City is receiving a market rate. f. Nothwithstanding the above, no commission is owed to Broker or if there is an extension of the CH Robinson lease on a short term basis (up to one year) as a result of move out, construction or other delays assciated with their new facility or if there is a renewal of the CH Robinson lease within six months from the date of this Agremeent. If CH Robinson renews its lease or enters into a new lease with the Owner more than six(6) months after this Agreement, the sole fee paid by Owner shall be equal to$.40 PSF, per year of the lease. If such event Broker will serve as the City's advocate and assist Owner in the renewal negotiations to assure that the City is receiving a market renewal rate. 5. If the commission is due as a result of the execution of a lease between Owner or Owner's agent and a tenant, the entire commission shall be payable at the later of the date when the lease commences or the Tenant takes occupancy. . If the commission is due as a result of a lease renewal or extension, except for a renewal or extension of the lease of the Eden Prairie School District or CH Robinson the entire commission shall be payable at the execution of the same. Owner agrees to pay Broker the commission set forth above if the Property is leased or a contract to renew, extend or lease is entered into by Owner within the Override Period to any Protected Person, except for the Eden Prairie School District, CH Robinson, T-Chek Systems, Inc. or Electronic Funds Source, at the time of execution of such agreement. If Owner fails to pay the commission within 5 days of the date the same is due, the delinquent amount shall bear interest at twelve per cent(3.5%) per annum (or at such lesser lawful rate, if said rate is usurious). 6. In the event a third party ("Third Party Broker") (any other broker including other NorthMarq Real Estate Services LLC brokers that are not a part of the listing team as identified on Exhibit B)cooperates with Listing Team in obtaining a tenant, buyer or other party for which a commission is due hereunder, then the commission otherwise due hereunder shall be increased to an amount as set forth in Exhibit B in the Co-Broker column. Owner hereby authorizes Broker to disburse part of the Broker's commission, which may become due and payable hereunder, to a Third Party Broker, including brokers solely representing tenants for the Property, in accordance with industry practice. 7. Broker is authorized to advertise the Property, provided however the advertizing shall be subject to prior Owner approval. Broker is further authorized to place signs in and about the Property if in Broker's opinion, such would facilitate the leasing of the Property provided however all signs shall comply with local city ordinances including the Eden Prairie City Code Section 11.70. 8. Owner agrees that it shall: a. Furnish Broker with such scale floor plans and building specifications which Owner may have ; b. Provide Broker with reasonable floor planning layout services for each prospective tenant in a total amount not to exceed $20,000.00 unless specifically approved by Owner; c. Furnish to Broker a building standard lease form; d. Establish procedures for and coordinate the taking of occupancy by tenants; e. Furnish Broker with pertinent information regarding the status of established tenants, including rent rolls which, among other data, set forth lease expirations; f. Administratively accept or reject a lease presented by Broker within ten (10)days of receipt thereof contingent upon and subject to City Council approval; g. Pay for legal services as required in the negotiation of the lease form with tenant; h. Furnish to any tenant a copy of the most recent environmental Phase I and/or Phase II reports, if any which Owner may have with respect to the Property; i. Fully cooperate with Broker in effectuating leases of the Property; and -2- j. Forward to Broker any inquiries of any sort received with regard to leasing of the Property or any portion thereof. 9. Broker agrees that it shall: a. Endeavor in accordance with the highest standards in the Twin Cities Metropolitan area, to procure tenants by all reasonable means available, including direct solicitation, consultation and marketing presentations, mail campaigns, processing of inquiries received from any and all sources and advertising, all as Broker deems prudent; b. Co-operate with any Third Party Brokers which may be representing interested potential tenants for the Property. c. Provide Owner with written reports in such format and at such time as Owner shall request detailing the status of the leasing program. d. Broker will pay the cost of any listing events it holds for the marketing of the Property up to $7,500.00.. 10. The expenses incurred by Broker and Owner in performance of this Agreement shall be borne as follows: All standard marketing costs(signage, e-brochures, etc)will be paid by Broker unless a specific separate agreement is made regarding a specific marketing effort. 11. Owner warrants that it is the record owner of the Property and has the legal authority to enter into this Agreement through the signatories hereto. Owner agrees subject to the limitation of liability under Minn. Stat Section 466.04 to hold Broker harmless from any liability, damages, costs and expenses arising from any incorrect information supplied by Owner. 12. Broker warrants that it is a duly licensed broker under the laws of Minnesota and that all agents and salespersons working for Broker in connection with the Property are also duly licensed salespersons and/or brokers under the laws of Minnesota. Broker further warrants that it has the legal authority to enter into this Agreement through the signatories hereto. Broker agrees to hold Owner harmless from any liability, damages, costs and expenses arising from any incorrect information (unless supplied by Owner) given by Broker to others with respect to the Property. 13. Any notice desired or required to be given hereunder shall be effective as of the third day after mailing postage pre-paid, certified mail, return receipt requested, or the date of actual receipt if by other means, by delivery to the address set forth below: FOR OWNER: Cit y of Eden Prairie 8080 Mitchell Rd. Eden Prairie, MN 55344 Attn : David Lindahl FOR BROKER: NorthMarq Real Estate Services LLC 3500 American Blvd. West, Suite 200 Blo omington, Minnesota 55431 Attn 14. This agreement shall be governed by the laws of Minnesota and shall be amended, modified or terminated only in writing signed by both parties. 15. Owner does not request the Broker to arrange for closing services. Owner will separately arrange for its closing services arising out of any lease of the Property. -3- 16. Broker represents tenants looking for property including properties which may be similar to the Property. If a tenant represented by Broker becomes interested in the Property a dual agency will be created. This means that Broker will owe the same duties to the tenant that it owes to the Owner. Broker cannot act as dual agent unless both Owner and the tenant agree to the dual agency after it is disclosed to each of Owner and tenant. By agreeing to a possible dual agency, Owner will be giving up the right to exclusive representation in the proposed transaction; however, if Owner decides not to agree to a possible dual agency, it may be giving up the opportunity to lease the Property to tenants represented by Broker. In the event of a dual agency Owner agrees that any commissions payable will be treated the same as if two cooperating brokers were involved. Having read and understood the foregoing, Owner hereby agrees to dual agency representation and will consider offers made by tenants represented by Broker. 17. Municipal Contract Provisions a. Data Practices Act. The Contracting Party shall at all times abi de by the Minnesota Government Data Practices Act, Minn. Stat. Section 13.01, et seq., to the extent that the Act is applicable to data and documents in the hands of the Contracting Party. b. Audits. The books, records, documents, and accounting procedures and practices of the Contracting Party or other parties relevant to this agreement are subject to examination by the City and either Legislative Auditor or the State Auditor for a period of six years after the effective date of this Contract. c. Discrimination. In performance of this contract, the Contracting Party shall not discriminate on the grounds of or because of race, color, creed, religion, national origin, sex, marital status, status with regards to public assistance, disability, sexual orientation, or age against any employee of the Contracting Party, any sub contractor of the Contracting Party, or an y applicant for em ployment. The Contracting Party shall i nclude a si milar provision in all contracts with subcontractors to this contract. The Contracting Party further agrees to comply with all aspects of the Minnesota Human Rights Act, Minn. Stat. Section 363.01, et seq., Title VI of the Civil Rights Act of 1964, and the American s with Disabilities Act of 1990. d. Conflicts. No salaried officer or employee of the City and no member of the Board of the City shall h ave a financi al interest, direct o r indirect, in this co ntract. The violation of this provision renders the Contract void. Any federal regulations and applicable state statutes shall not be violated. e. Claims. To receive any payment on this Contract, the invoice or bill must include the following signed and dated statement: Al declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid. f. Limitation of Remedies In the event of a breach of the Contract by City, the Contracting Party sha II not be entitled to recover punitive, speci al or consequential damages or damages for loss of business. IN WITNESS WHEREOF, the undersigned have executed this Agreement the day and year first above written. BROKER: OWNER: NORTHMARQ REAL ESTATE SERVICES LLC The City of Eden Prairie By: By: Michael W. Ohmes Its: Executive Vice President Its: Mayor By -4- EXHIBIT A PROPERTY 1. Description: Eden Prairie City Center 2. Street Address: 8080 Mitchell Rd. Eden Prairie, MN 55344 3. Legal Description: PID: 16-116-22-14-0004 Municipality: EDEN PRAIRIE Addition Name: UNPLATTED 16 116 22 Lot: Block: City Hall Parcel That part of the East 1/2 of the Northeast 1/4 of Section 16, Township 116, Range 22, West of the 5t principal meridian, lying Southerly of a line drawn from a point on the East line of the Northeast 1/4 of said section which is distant 1106.50 feet North along said East line from the Southeast corner of said Northeast 1/4 to a point on the West line of the East 1/2 of said Northeast 1/4 which is distant 953.5 feet North along said West line from the Southwest corner of said East 1/2; except the South 298.20 feet of the West 323.90 feet of the East Half of the Northeast Quarter of Section 16, Township 116, Range 22 West of the 5th Principal Meridian, Hennepin County, Minnesota; subject to the rights of way of Scenic Heights Road, Mitchell Road and Technology Drive A-1 EXHIBIT B COMMISSION SCHEDULE New & Expansion Leases: Direct (No Co-Broker) Co-Brokered Listing Broker Listing Broker Co-Broker Commission Commission Commission Years 1-5 $4.25/PSF for a term of five $2.25/PSF for a term of five ***$4.00 - $5.00/PSF years; prorated for lease years; prorated for lease for a term of five terms of less than five terms of less than five years; prorated for years. years. lease terms of less Years > 5 2%of the total net rental 2%of the total net rental than five years revenue scheduled to be revenue scheduled to be collected on the term of the collected on the term of the (see clarifications lease that exceeds month lease that exceeds month below) 60 through month 120. No 60 through month 120. No incentives will be paid for incentives will be paid for months beyond 120. months beyond 120. *** Co-Broker fees fluctuate based on lease term, credit worthiness and other market influenced items. The leasing team will notify landlord of each co-broker request and will advise Landlord on whether it is fair and comparable in the marketplace. John McCarthy, Larissa Champeau, Clint Miller are the Listing Brokers also referred to as the Listing Team. B-1 EXHIBIT C MINIMUM TERMS The terms and conditions of any Lease of the Property shall be as follows: 1. Minimum Lease Term: Acceptable to Owner 2. Minimum Rental Rate: Acceptable to Owner 3. Use: Acceptable to Owner C-1 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar November 20, 2012 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.R. George Esbensen Fire Department Motorola Service Agreement Requested Action Move to: Approve continuation of a service agreement between the City of Eden Prairie and Motorola for ongoing service of 911 dispatch console system. Synopsis The agreement includes the on-site repair and maintenance, of all console locations including infrastructure. This agreement also covers the service for logging recorder that is integrated into the system. Background Information The City of Eden Prairie awarded Motorola the contract for the purchase and installation of the MCC 7500 dispatch console system and NICE Logging recorder. The manufacturer's warranty is now expired and this agreement allows for local 24 hour service in the event that problems occur. This is agreement will be reviewed each year. This expenditure will be paid from the E911 fund. Attachments Agreements Q MOTOROLASOLUTIONSSERVICES AGREEMENT Attn:National Service Support/4th fl Contract Number: S00001013903 1301 East Algonquin Road Contract Modifier: RN02-AUG-12 10:14:40 (800)247-2346 Date: 10/11/2012 Company Name: Eden Prairie Fire Dept, City Of Required P.O.: No Attn: Customer# : 1036447929 Billing Address: 14800 Scenic Heights Rd Bill to Tag # : 0001 City, State, Zip: Eden Prairie,MN,55344 Contract Start Date: 11/01/2012 Customer Contact: Mark Vandenberghe Contract End Date: 10/31/2013 Phone: (952)949-8368 Anniversary Day: Oct 31st Payment Cycle: IMMEDIATE PO# : QTY MODEL/OPTION SERVICES DESCRIPTION MONTHLY EXTENDED EXT AMT ***** Recurring Services ***** SVCO1SVC1101C INFRASTRUCTURE REPAIR WITH ADV REPL $142.55 $1,710.60 1 SVC060AD ASTRO25 DISPATCH SITE 4 SVC062AD ASTRO25 OPERATOR POSITIONS SVCO1SVC1102C DISPATCH SERVICE $27.32 $327.84 2 SVC084AD ASTRO25 DISPATCH SITE SVCO1SVC1103C NETWORK MONITORING SERVICE $72.24 $866.88 2 SVC049AD ASTRO25 DISPATCH SITE SVCO1SVC1410C ONSITE INFRASTRUCTURE RESPONSE $750.08 $9,000.96 2 SVC093AD ASTRO25 DISPATCH SITE 4 SVC095AD ASTRO25 OPERATOR POSITIONS SPECIAL INSTRUCTIONS -ATTACH Subtotal - Recurring Services $992.19 $11,906.28 STATEMENT OF WORK FOR PERFORMANCE DESCRIPTIONS Subtotal -One-Time Event Services $ .00 $ .00 Total $992.19 $11,906.28 Taxes -Grand Total $992.19 $11,906.28 THIS SERVICE AMOUNT IS SUBJECT TO STATE AND LOCAL TAXING JURISDICTIONS WHERE APPLICABLE,TO BE VERIFIED BY MOTOROLA. Subcontractor(s) City State MOTOROLA SYSTEM SUPPORT CENTER ELGIN IL MOTOROLA SYSTEM SUPPORT SCHAUMBU IL CENTER-NETWORK MGMT D0067 RG MOTOROLA SYSTEM SUPPORT CTR-CALL SCHAUMBU IL CENTER D0066 RG ANCOM TECHNICAL CENTER BURNSVILL MN _ E I received Statements of Work that describe the services provided on this Agreement. Motorola's Service Terms and Conditions, a copy of which is attached to this Service Agreement, is incorporated herein by this reference. AUTHORIZED C TOMER SIGNATURE TITLE DATE CUSTOM f/(V,A-/k — MOTO EP E E E(SI AT RE) ITLE DATE Gary Range 612-490-3092 MOTOROLA REPRESENTATIVE(PR T NAME) PHONE Company Name: Eden Prairie Fire Dept, City Of Contract Number: S00001013903 Contract Modifier: RN02-AUG-12 10:14:40 Contract Start Date: 11/01/2012 Contract End Date: 10/31/2013 Service Terms and Conditions Motorola Solutions Inc.("Motorola") and the customer named in this Agreement("Customer") hereby agree as follows: Section 1.APPLICABILITY These Service Terms and Conditions apply to service contracts whereby Motorola will provide to Customer either(1) maintenance, support, or other services under a Motorola Service Agreement, or(2) installation services under a Motorola Installation Agreement. Section 2. DEFINITIONS AND INTERPRETATION 2.1. "Agreement" means these Service Terms and Conditions; the cover page for the Service Agreement or the Installation Agreement, as applicable; and any other attachments, all of which are incorporated herein by this reference. In interpreting this Agreement and resolving any ambiguities, these Service Terms and Conditions take precedence over any cover page, and the cover page takes precedence over any attachments, unless the cover page or attachment states otherwise. 2.2. "Equipment" means the equipment that is specified in the attachments or is subsequently added to this Agreement. 2.3. "Services" means those installation, maintenance, support, training, and other services described in this Agreement. Section 3.ACCEPTANCE Customer accepts these Service Terms and Conditions and agrees to pay the prices set forth in the Agreement. This Agreement becomes binding only when accepted in writing by Motorola. The term of this Agreement begins on the "Start Date" indicated in this Agreement. Section 4. SCOPE OF SERVICES 4.1. Motorola will provide the Services described in this Agreement or in a more detailed statement of work or other document attached to this Agreement. At Customer's request, Motorola may also provide additional services at Motorola's then-applicable rates for the services. 4.2. If Motorola is providing Services for Equipment, Motorola parts or parts of equal quality will be used; the Equipment will be serviced at levels set forth in the manufacturer's product manuals; and routine service procedures that are prescribed by Motorola will be followed. 4.3. If Customer purchases from Motorola additional equipment that becomes part of the same system as the initial Equipment, the additional equipment may be added to this Agreement and will be billed at the applicable rates after the warranty for that additional equipment expires. 4.4. All Equipment must be in good working order on the Start Date or when additional equipment is added to the Agreement. Upon reasonable request by Motorola, Customer will provide a complete serial and model number list of the Equipment. Customer must promptly notify Motorola in writing when any Equipment is lost, damaged, stolen or taken out of service. Customer's obligation to pay Service fees for this Equipment will terminate at the end of the month in which Motorola receives the written notice. 4.5. Customer must specifically identify any Equipment that is labeled intrinsically safe for use in hazardous environments. 4.6. If Equipment cannot, in Motorola's reasonable opinion, be properly or economically serviced for any reason, Motorola may modify the scope of Services related to that Equipment; remove that Equipment from the Agreement; or increase the price to Service that Equipment. 4.7. Customer must promptly notify Motorola of any Equipment failure. Motorola will respond to Customer's notification in a manner consistent with the level of Service purchased as indicated in this Agreement. Section 5. EXCLUDED SERVICES 5.1. Service excludes the repair or replacement of Equipment that has become defective or damaged from use in other than the normal, customary, intended, and authorized manner; use not in compliance with applicable industry standards; excessive wear and tear; or accident, liquids, power surges, neglect, acts of God or other force majeure events. 5.2. Unless specifically included in this Agreement, Service excludes items that are consumed in the normal operation of the Equipment, such as batteries or magnetic tapes.; upgrading or reprogramming Equipment; accessories, belt clips, battery chargers, custom or special products, modified units, or software; and repair or maintenance of any transmission line, antenna, microwave equipment, tower or tower lighting, duplexer, combiner, or multicoupler. Motorola has no obligations for any transmission medium, such as telephone lines, computer networks, the internet or the worldwide web, or for Equipment malfunction caused by the transmission medium. Section 6. TIME AND PLACE OF SERVICE Service will be provided at the location specified in this Agreement. When Motorola performs service at Customer's location, Customer will provide Motorola, at no charge,a non-hazardous work environment with adequate shelter, heat, light, and power and with full and free access to the Equipment. Waivers of liability from Motorola or its subcontractors will not be imposed as a site access requirement. Customer will provide all information pertaining to the hardware and software elements of any system with which the Equipment is interfacing so that Motorola may perform its Services. Unless otherwise stated in this Agreement, the hours of Service will be 8:30 a.m. to 4:30 p.m., local time, excluding weekends and holidays. Unless otherwise stated in this Agreement,the price for the Services exclude any charges or expenses associated with helicopter or other unusual access requirements; if these charges or expenses are reasonably incurred by Motorola in rendering the Services,Customer agrees to reimburse Motorola for those charges and expenses. Section 7. CUSTOMER CONTACT Customer will provide Motorola with designated points of contact (list of names and phone numbers)that will be available twenty-four(24) hours per day, seven (7)days per week, and an escalation procedure to enable Customer's personnel to maintain contact, as needed, with Motorola. Section 8. PAYMENT Unless alternative payment terms are stated in this Agreement, Motorola will invoice Customer in advance for each payment period. All other charges will be billed monthly, and Customer must pay each invoice in U.S. dollars within twenty (20)days of the invoice date. Customer will reimburse Motorola for all property taxes, sales and use taxes, excise taxes, and other taxes or assessments that are levied as a result of Services rendered under this Agreement(except income, profit, and franchise taxes of Motorola) by any governmental entity. Section 9. WARRANTY Motorola warrants that its Services under this Agreement will be free of defects in materials and workmanship for a period of ninety (90) days from the date the performance of the Services are completed. In the event of a breach of this warranty, Customer's sole remedy is to require Motorola to re-perform the non-conforming Service or to refund, on a pro-rata basis, the fees paid for the non-conforming Service. MOTOROLA DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Section 10. DEFAULT/TERMINATION 10.1. If either party defaults in the performance of this Agreement, the other party will give to the non-performing party a written and detailed notice of the default. The non-performing party will have thirty (30)days thereafter to provide a written plan to cure the default that is acceptable to the other party and begin implementing the cure plan immediately after plan approval. If the non-performing party fails to provide or implement the cure plan, then the injured party, in addition to any other rights available to it under law, may immediately terminate this Agreement effective upon giving a written notice of termination to the defaulting party. 10.2. Any termination of this Agreement will not relieve either party of obligations previously incurred pursuant to this Agreement, including payments which may be due and owing at the time of termination. All sums owed by Customer to Motorola will become due and payable immediately upon termination of this Agreement. Upon the effective date of termination, Motorola will have no further obligation to provide Services. Section 11. LIMITATION OF LIABILITY Except for personal injury or death, Motorola's total liability, whether for breach of contract, warranty, negligence, strict liability in tort, or otherwise, will be limited to the direct damages recoverable under law, but not to exceed the price of twelve (12) months of Service provided under this Agreement. ALTHOUGH THE PARTIES ACKNOWLEDGE THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, THEY AGREE THAT MOTOROLA WILL NOT BE LIABLE FOR ANY COMMERCIAL LOSS; INCONVENIENCE; LOSS OF USE, TIME, DATA, GOOD WILL, REVENUES, PROFITS OR SAVINGS; OR OTHER SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES IN ANY WAY RELATED TO OR ARISING FROM THIS AGREEMENT OR THE PERFORMANCE OF SERVICES BY MOTOROLA PURSUANT TO THIS AGREEMENT. No action for contract breach or otherwise relating to the transactions contemplated by this Agreement may be brought more than one (1)year after the accrual of the cause of action, except for money due upon an open account.This limitation of liability will survive the expiration or termination of this Agreement and applies notwithstanding any contrary provision. Section 12. EXCLUSIVE TERMS AND CONDITIONS 12.1. This Agreement supersedes all prior and concurrent agreements and understandings between the parties, whether written or oral, related to the Services, and there are no agreements or representations concerning the subject matter of this Agreement except for those expressed herein. The Agreement may not be amended or modified except by a written agreement signed by authorized representatives of both parties. 12.2. Customer agrees to reference this Agreement on any purchase order issued in furtherance of this Agreement, however, an omission of the reference to this Agreement will not affect its applicability. In no event will either party be bound by any terms contained in a Customer purchase order, acknowledgement, or other writings unless: the purchase order, acknowledgement, or other writing specifically refers to this Agreement; clearly indicate the intention of both parties to override and modify this Agreement; and the purchase order,acknowledgement, or other writing is signed by authorized representatives of both parties. Section 13. PROPRIETARY INFORMATION; CONFIDENTIALITY; INTELLECTUAL PROPERTY RIGHTS 13.1. Any information or data in the form of specifications, drawings, reprints, technical information or otherwise furnished to Customer under this Agreement will remain Motorola's property, will be deemed proprietary, will be kept confidential, and will be promptly returned at Motorola's request. Customer may not disclose, without Motorola's written permission or as required by law, any confidential information or data to any person, or use confidential information or data for any purpose other than performing its obligations under this Agreement. The obligations set forth in this Section survive the expiration or termination of this Agreement. 13.2. Unless otherwise agreed in writing, no commercial or technical information disclosed in any manner or at any time by Customer to Motorola will be deemed secret or confidential. Motorola will have no obligation to provide Customer with access to its confidential and proprietary information, including cost and pricing data. 13.3. This Agreement does not grant directly or by implication, estoppel, or otherwise, any ownership right or license under any Motorola patent, copyright, trade secret, or other intellectual property including any intellectual property created as a result of or related to the Equipment sold or Services performed under this Agreement. Section 14. FCC LICENSES AND OTHER AUTHORIZATIONS Customer is solely responsible for obtaining licenses or other authorizations required by the Federal Communications Commission or any other federal, state, or local government agency and for complying with all rules and regulations required by governmental agencies. Neither Motorola nor any of its employees is an agent or representative of Customer in any governmental matters Section 15. COVENANT NOT TO EMPLOY During the term of this Agreement and continuing for a period of two (2)years thereafter, Customer will not hire, engage on contract, solicit the employment of, or recommend employment to any third party of any employee of Motorola or its subcontractors without the prior written authorization of Motorola. This provision applies only to those employees of Motorola or its subcontractors who are responsible for rendering services under this Agreement. If this provision is found to be overly broad under applicable law, it will be modified as necessary to conform to applicable law Section 16. MATERIALS, TOOLS AND EQUIPMENT All tools, equipment, dies, gauges, models, drawings or other materials paid for or furnished by Motorola for the purpose of this Agreement will be and remain the sole property of Motorola. Customer will safeguard all such property while it is in Customer's custody or control, be liable for any loss or damage to this property, and return it to Motorola upon request. This property will be held by Customer for Motorola's use without charge and may be removed from Customer's premises by Motorola at any time without restriction. Section 17. GENERAL TERMS 17.1. If any court renders any portion of this Agreement unenforceable, the remaining terms will continue in full force and effect. 17.2. This Agreement and the rights and duties of the parties will be interpreted in accordance with the laws of the State in which the Services are performed 17.3. Failure to exercise any right will not operate as a waiver of that right, power, or privilege. 17.4. Neither party is liable for delays or lack of performance resulting from any causes that are beyond that party's reasonable control, such as strikes, material shortages, or acts of God. 17.5. Motorola may subcontract any of the work,but subcontracting will not relieve Motorola of its duties under this Agreement. 17.6. Except as provided herein, neither Party may assign this Agreement or any of its rights or obligations hereunder without the prior written consent of the other Party, which consent will not be unreasonably withheld. Any attempted assignment, delegation, or transfer without the necessary consent will be void. Notwithstanding the foregoing, Motorola may assign this Agreement to any of its affiliates or its right to receive payment without the prior consent of Customer. In addition, in the event Motorola separates one or more of its businesses (each a "Separated Business"),whether by way of a sale, establishment of a joint venture, spin-off or otherwise (each a "Separation Event"), Motorola may, without the prior written consent of the other Party and at no additional cost to Motorola, assign this Agreement such that it will continue to benefit the Separated Business and its affiliates (and Motorola and its affiliates, to the extent applicable)following the Separation Event 17.7. THIS AGREEMENT WILL RENEW, FOR AN ADDITIONAL ONE (1)YEAR TERM, ON EVERY ANNIVERSARY OF THE START DATE UNLESS EITHER THE COVER PAGE SPECIFICALLY STATES A TERMINATION DATE OR ONE PARTY NOTIFIES THE OTHER IN WRITING OF ITS INTENTION TO DISCONTINUE THE AGREEMENT NOT LESS THAN THIRTY (30) DAYS OF THAT ANNIVERSARY DATE. At the anniversary date, Motorola may adjust the price of the Services to reflect its current rates. 17.8. If Motorola provides Services after the termination or expiration of this Agreement, the terms and conditions in effect at the time of the termination or expiration will apply to those Services and Customer agrees to pay for those services on a time and materials basis at Motorola's then effective hourly rates. Revised Jan 1, 2010 ADDENDUM A This Addendum A amends that certain Service Agreement dated October 11, 2012, entered into by and between City of Eden Prairie and Motorola Solutions, Inc., Contract Number S00001013903. 1. Definitions. The following definitions apply to this Appendix. 1.1 "Customer"means City of Eden Prairie. 1.2 "Motorola"means Motorola Solutions, Inc. 1.3 "Contract"means the contract or agreement that this Appendix is attached. 2. Section 8 Payment. Section 8, is amended by deleting the phrase "twenty (20) days and inserting"thirty(30) days." 3. Section 11 LIMITATION OF LIABILITY. Section 11 is amended in its entirety as follows: Except for personal injury or death, Motorola's total liability to Customer, whether for breach of contract, warranty, negligence, strict liability in tort, or otherwise, will be limited to the direct damages recoverable under law, but not to exceed the Contract price. Motorola shall not be liable to Customer for any loss of use, loss of time, inconvenience, commercial loss, lost profits or savings, or other special, incidental or consequential damages related to or arising from this Agreement, or the services performed by Motorola pursuant to this Agreement. Notwithstanding the preceding sentence and as applicable to this Agreement, Customer may recover from Motorola incidental damages resulting from Motorola's breach for expenses reasonably incurred, receipt, crafting, packaging, transportation, recovery of Good, and care of custody of Goods rightfully rejected, but such incidental damages not to exceed $50,000. This limitation of liability will survive the expiration or termination of this Agreement and applies notwithstanding any contrary provision. 4. Section 13 Proprietary Information; Confidential; Intellectual Property Rights. Section 13.1 is amended as follows: 13.1 Any information or data in the form of specifications, drawings, prints, technical information or otherwise furnished to Customer under this Agreement will remain Motorola's property, will be deemed proprietary, will be kept confidential, and will be promptly returned at Motorola's request. Customer may not disclose any non- public or private information or data to any person. Customer may not use confidential information or data itself for any purpose other than performing its obligations under this Agreement. Notwithstanding the foregoing, all information and data shall be subject to disclosure pursuant to the requirements of the Minnesota Government Data Practices Act, Minn. Stat. § 13.01, et seq.. 1 5. Section 13 Proprietary Information; Confidential; Intellectual Property Rights. Section 13.2 is deleted in its entirety. 6. Audits. The books, records, documents, and accounting procedures and practices of Motorola, and its assigns and subcontractors, relevant to this agreement are subject to examination by Customer and either Legislative Auditor or the State Auditor for a period of six years after the effective date of this Contract. In no circumstances will Motorola be required to create or maintain documents not kept in the ordinary course of Motorola's business operations, nor, except as otherwise required by the Minnesota Government Data Practices Act, will Motorola be required to disclose any information, including but not limited to product cost data, which it considers confidential or proprietary to Motorola. 7. Worker's Compensation. Contracting Party represents that it has and will maintain during the performance of this agreement worker's compensation insurance coverage required pursuant to Minn. Stat. § 176.181, subd. 2 and that the certificate of insurance or the written order of the Commissioner of Commerce permitting self insurance of worker's compensation insurance coverage provided to Customer upon execution of this agreement. 8. Discrimination. In performance of this contract, Motorola shall not discriminate on the grounds of or because of race, color, creed, religion, national origin, sex, marital status, status with regards to public assistance, disability, sexual orientation, or age against any employee of Motorola, any subcontractor of Motorola, or any applicant for employment. Motorola shall include a similar provision in all contracts with subcontractors to this contract. Motorola further agrees to comply with all aspects of the Minnesota Human Rights Act, Minn. Stat. § 363.01, et seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 9. Conflicts. No salaried officer or employee of Customer and no member of the Board of Customer shall have a financial interest, direct or indirect, in this contract. The violation of this provision renders the Contract void. Any federal regulations and applicable state statutes shall not be violated. 10. Claims. To receive any payment on this Contract, the invoice or bill must include the following signed and dated statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." 11. Contracting Party's Prompt Payment of Subcontractors. Motorola shall pay to any subcontractor within ten (10) days of Motorola's receipt of payment from Customer for undisputed services provided by the subcontractor. Motorola shall pay interest of one and a half percent (1 '/2%) per month or any part of a month to a subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100.00 or more is $10.00. For an unpaid 2 balance of less than $100.00, Motorola shall pay the actual amount due to the subcontractor. 12. Limitation of Remedies In the event of a breach of the Contract by either party, neither party shall be entitled to recover punitive, special or consequential damages. By signing this Addendum A the parties acknowledge that the above provisions become part of the Service Agreement. MOTO S L C. CITY OF EDEN PRAIRIE By By Its C tomer S port M ger Its Mayor By Its City Manager 3 IQ M T R LA Statement of Work (SOW) for the City of Eden Prairie, MN Four position MCC7500 Dispatch Control Console with AIS Overview This SOW is predicated upon a support contract with Motorola being in place for the 2010 calendar year for the entire MN Metro/ARMER Radio System. Given that, a number of services that we would normally recommend for your sub-system are covered under that agreement. This includes: Technical Support, Software Subscription Agreement and Pre-Tested Subscription Service. Equipment covered under this Statement of Work is as follows: • (4)Operator Positions CentraCom MCC7500 Control Console with AIS Service is being provided for the following supplemental support for your system given the above caveats: • Sub-System Network Monitoring for the AIS,NICE IP Logger and NICE Analog Logger. • Technician Dispatch for the MCC7500 Dispatch Equipment,AIS,NICE IP Logger and NICE Analog Logger.. • OnSite Infrastructure Response AnCom Technical Services for the MCC7500 Dispatch Equipment AIS,NICE IP Logger and NICE Analog Logger. • Infrastructure Repair with Advanced Replacement for the MCC7500 Dispatch Equipment and AIS. Network Monitoring,OnSite Infrastructure Response and Dispatch Service for the MCC7500 Dispatch Equipment,AIS,NICE IP Logger and NICE Analog Logger. 1.0 Description of Services Network Monitoring is a service designed to electronically monitor Elements of a Communication System for events, as set forth in the Monitored Elements Table. When the Motorola System Support Center(SSC)detects an Event,trained technologists acknowledge the Event,run remote diagnostic routines, and initiate an appropriate response.Appropriate responses could include,but are not limited to, continuing to monitor the Event for further development, attempting remote Restoral,or transferring the Event by opening a Case for dispatch of a Servicer. If dispatched,the Servicer will respond at the Customer location based on pre-defined Severity Levels set forth in the Severity Definitions Table and Response times set forth in the On-Site Response Time Table in order to Restore the System. Motorola will provide Case management as set forth herein. The SSC maintains contact with the on-site Servicer until System Restoral occurs and Case is closed. The SSC will continuously track and manage Case activity from open to close through an automated Case tracking process. This Case management allows for Motorola to provide activity and performance reports. 2.0 Motorola Responsibilities: 2.1 Provide dedicated Connectivity through a private network connection necessary for monitoring ASTRO and ASTRO25, SmartZone/OmniLink,Private Data, and 1 0 MOTOROLA Harmony Wireless Communications network types. The Connectivity Matrix set forth in Appendix 1,further describes the Connectivity options. 2.2 If determined necessary by Motorola,provide Motorola owned equipment for monitoring ASTRO and ASTRO 25 System elements. If Motorola installs or replaces Motorola owned equipment,the type of equipment and location installed is listed in the Motorola Owned& Supplied Equipment Table. 2.3 If determined necessary by Motorola,provide Motorola owned equipment for monitoring SmartNet System elements. If Motorola installs or replaces Motorola owned equipment,the type of equipment and location installed is listed in the Motorola Owned& Supplied Equipment Table. 2.4 Verify Connectivity and Event monitoring prior to System Acceptance or Start Date. 2.5 Continuously receive service requests. 2.6 Remotely access the Customer's System to perform remote diagnostics as permitted by Customer pursuant to section 3.1. 2.7 Attempt remote Restoral, as appropriate. 2.8 Create a Case as necessary when service requests are received. Gather information to perform the following: 2.8.1 Characterize the issue 2.8.2 Determine a plan of action 2.8.3 Assign and track the Case to resolution. 2.9 Dispatch a Servicer, as required,by Motorola standard procedures and provide necessary Case information collected in section 2.8 2.10 Ensure the required personnel have access to Customer information as needed. 2.11 Disable and enable System devices, as necessary, for Servicers. 2.12 Servicer will perform the following on-site: 2.12.1 Run diagnostics on the Infrastructure or FRU. 2.12.2 Replace defective Infrastructure or FRU, as applicable. Customer, Servicer or Motorola may provide Infrastructure or FRU. 2.12.3 Provide materials,tools,documentation,physical planning manuals, diagnostic/test equipment and any other requirements necessary to perform the Maintenance service. 2.12.4 If a third party Vendor is needed to Restore the System,the Servicer may accompany that Vendor onto the Customer's premises. 2.13 Verify with Customer that Restoration is complete or System is functional, if required by Customer's repair Verification preference described in the Customer Support Plan required by section 3.5. If Verification by Customer cannot be completed within 20 minutes of Restoration,the Case will be closed and the Servicer will be released. 2.14 Escalate the Case to the appropriate party upon expiration of a Response time. 2.15 Close the Case upon receiving notification from Customer or Servicer,indicating the Case is resolved. 2.16 Notify Customer of Case Status,as described in the Customer Support Plan required be section 3.5 at the following Case levels 2.16.1 Open and closed; or 2.16.2 Open, assigned to the Servicer, arrival of the Servicer on site, deferred or delayed, closed. 2.17 Provide the following reports, as applicable: 2.17.1 Case activity reports to Customer. 2.17.2 Network Monitoring Service reports for Customer System(s). 2 0 MOTOROLA 2.17.3 Network Activity/Availability Reports for ASTRO25, SmartZone/ OmniLink, and Private Data Systems only. 2.18 Respond in accordance to pre-defined Response times upon receipt from Customer of Customer managed passwords required for proper access to the Customer's System. 2.19 Apply additional support charges above and beyond the contracted service agreements that may apply if it is determined that System faults were caused by the Customer making changes to critical System parameters. 3.0 Customer Responsibilities: 3.1. Allow Motorola Continuous remote access to obtain System availability and performance data. 3.2. Allow Motorola to access System if firewall has been installed;provide permanent/dedicated access for SNMP traps(outbound) and ZDS polling(inbound). Also provide continuous utility service to any Motorola equipment installed or utilized at Customer's premises to support delivery of the Service. 3.3. Order and maintain dedicated dial-up phone lines for telephone service for SMARTNET System types. The Connectivity Matrix set forth in Appendix 1, further describes the Connectivity options. 3.4. Unless otherwise specified,Motorola recommends a private network connection for all other Systems. The Connectivity Matrix set forth in Appendix 1, further describes the Connectivity options. 3.5. Provide Motorola with pre-defined Customer information and preferences prior to Start Date necessary to complete Customer Support Plan. 3.5.1. Case notification preferences and procedure. 3.5.2. Repair Verification Preference and procedure. 3.5.3. Database and escalation procedure forms. 3.5.4. Submit changes in any information supplied in the Customer Support Plan to the Customer Support Manager. 3.6. Provide the following information when initiating a service request: 3.6.1. Assigned System ID number 3.6.2. Problem description and site location 3.6.3. Other pertinent information requested by Motorola to open a Case. 3.7. Notify the System Support Center when Customer performs any activity that impacts the System. (Activity that impacts the System may include,but is not limited to, installing software or hardware upgrades,performing upgrades to the network, or taking down part of the system to perform maintenance.) 3.8. Allow Servicers access to Equipment(including any Connectivity or monitoring equipment)if remote service is not possible. 3.9. Allow Servicers access to remove Motorola owned monitoring equipment upon cancellation of service. 3.10. Supply Infrastructure or FRU, as applicable, in order for Motorola to Restore the System as set forth in paragraph 2.12.2 3.11. Maintain and store in an easy accessible location any and all Software needed to Restore the System. 3.12. Maintain and store in an easily accessible location proper System backups. 3.13. Verify with the SSC that Restoration is complete or System is functional,if required by the Repair Verification Preference provided by Customer in accordance with section 3.5. 3 MOTOROLA 3.14. Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola to provide the services described in this SOW. 3.15. Provide all Customer managed passwords required to access the Customer's System to Motorola upon request or when opening a Case to request service support or enable Response to a technical issue. Severity Definitions Table Severity Level Problem Types Severity 1 • Response is provided Continuously • Major System failure • 33% of System down • 33% of Site channels down • Site Environment alarms (smoke, access,temp,AC power)as determined by the SSC. • This level is meant to represent a major issue that results in an unusable system, sub-system,product, or critical features from the Customer's perspective.No Work-around or immediate solution is available. Severity 2 • Response during Standard Business Day • Significant System Impairment not to exceed 33%of system down. • System problems presently being monitored. • This level is meant to represent a moderate issue that limits a Customer's normal use of the system, sub-system,product,or major non-critical features from a Customer's perspective. Severity 3 • Response during Standard Business Day • Intermittent system issues • Information questions • Upgrades/preventative maintenance • This level is meant to represent a minor issue that does not preclude use of the system, sub-system,product, or critical features from a Customer's perspective. It may also represent a cosmetic issue, including documentation errors, general usage questions, recommendations for product enhancements or modifications, and scheduled events such as preventative maintenance or product/system upgrades. On-Site Response Time Table(Customer's Response Time Classification is designated in the Service Agreement). Severity Standard Response Restoral Off Deferral Level Time Severity 1 Within 4 hours from receipt of 8 hours Time provided by Notification, Continuously Servicer* Severity 2 Within 4 hours from receipt of 8 hours Time provided by Notification, Standard Business Day Servicer* 4 GI MOTOROLA Severity 3 Within 24 hours from receipt of 48 hours Time provided Notification, Standard Business Day by Servicer* • Please note these are Standard Commitment times. The commitment times should be based on the Customers Support Plan. • Provide update before the specific contractual commitments come due. *Note: Provide update to System Support Center before Deferral time comes due. Monitored Elements Table (Listed by technology) System Type Equipment ASTRO 25 (release 7.X) AIS,NICE IP Logger,NICE Analog Logger. Infrastructure Repair with Advanced Replacement for the MCC7500 Dispatch Equipment and AIS 1.0 Description of Services Infrastructure Repair is a repair service for Motorola and select third party Infrastructure as set forth in the applicable attached Exhibit, all of which are hereby incorporated into this Statement of Work(SOW)by this reference. Infrastructure may be repaired down to the Component level,as applicable,at the Motorola Infrastructure Depot Operations(IDO).At Motorola's discretion, select third party Infrastructure may be sent to the original equipment manufacturer or third party vendor for repair. If Infrastructure is no longer supported by the original equipment manufacturer or third party vendor,Motorola may replace Infrastructure with similar Infrastructure,when possible. When available,Motorola will provide Customer with an Advanced Replacement unit(s) or FRU(s)in exchange for Customer's malfunctioning FRU(s).Non-standard configurations, Customer-modified Infrastructure and certain third party Infrastructure are excluded from Advanced Replacement service. Malfunctioning FRU(s)will be evaluated and repaired by IDO and returned to IDO FRU inventory upon completion of repair. In cases where Advanced Replacement is not available or when a Customer requires the exact serial number to be returned, a FRU may be available on a Loaner basis. The terms and conditions of this SOW are an integral part of Motorola's Service Terms and Conditions or other applicable agreement to which it is attached and made a part thereof by this reference. 2.0 Motorola has the following responsibilities: 2.1 Use commercially reasonable efforts to maintain an inventory of FRU. 2.2 Provide new or reconditioned units as FRU to Customer or Servicer,upon request and subject to availability. The FRU will be of similar kit and version,and will contain like boards and chips, as the Customer's malfunctioning Infrastructure. 2.3 Program FRU to original operating parameters based on templates provided by Customer as required in Section 3.5. If Customer template is not provided or is not reasonably usable, a standard default template will be used. 2.4 Properly package and ship Advanced Replacement FRU from IDO's FRU inventory to Customer specified address. 5 MOTOROLA 2.4.1 During normal operating hours of Monday through Friday 7:00am to 7:00pm CST, excluding holidays,FRU will be sent next day air via Federal Express Priority Overnight or UPS Red,unless otherwise requested. Motorola will pay for such shipping,unless Customer requests shipments outside of the above mentioned standard business hours and/or carrier programs, such as NFO(next flight out). In such cases, Customer will be subject to shipping and handling charges. 2.4.2 When sending the Advanced Replacement FRU to Customer,provide a return air bill in order for Customer to return the Customer's malfunctioning FRU. The Customer's malfunctioning FRU will become property of IDO and the Customer will own the Advanced Replacement FRU. 2.4.3 When sending a Loaner FRU to Customer,IDO will not provide a return air bill for the malfunctioning Infrastructure. The Customer is responsible to arrange and pay for shipping the malfunctioning Infrastructure to IDO. IDO will repair and return the Customer's Infrastructure and will provide a return air bill for the customer to return IDO's Loaner FRU. 2.5 Provide repair return authorization number upon Customer request for Infrastructure that is not classified as an Advanced Replacement or Loaner FRU. 2.6 Receive malfunctioning Infrastructure from Customer and document its arrival, repair and return. 2.7 Perform the following service on Motorola Infrastructure: 2.7.1 Perform an operational check on the Infrastructure to determine the nature of the problem. 2.7.2 Replace malfunctioning FRU or Components. 2.7.3 Verify that Motorola Infrastructure is returned to Motorola manufactured specifications, as applicable 2.7.4 Perform a Box Unit Test on all serviced Infrastructure. 2.7.5 Perform a System Test on select Infrastructure. 2.8 Provide the following service on select third party Infrastructure: 2.8.1 Perform pre-diagnostic and repair services to confirm Infrastructure malfunction and eliminate sending Infrastructure with no trouble found (NTF)to third party vendor for repair,when applicable. 2.8.2 Ship malfunctioning Infrastructure to the original equipment manufacturer or third party vendor for repair service,when applicable. 2.8.3 Track Infrastructure sent to the original equipment manufacturer or third party vendor for service. 2.8.4 Perform a post-test after repair by Motorola, original equipment manufacturer,or third party vendor to confirm malfunctioning Infrastructure has been repaired and functions properly in a Motorola System configuration, when applicable. 2.9 Re-program repaired Infrastructure to original operating parameters based on templates provided by Customer as required by Section 3.5. If Customer template is not provided or is not reasonably usable,a standard default template will be used. If IDO determines that the malfunctioning Infrastructure is due to a Software defect,IDO reserves the right to reload Infrastructure with a similar Software version. Enhancement Release(s), if needed, are subject to additional charges to be paid by Customer unless the Customer has a Motorola Software Subscription agreement. 6 MOTOROLA 2.10 Properly package repaired Infrastructure unless Customer's malfunctioning FRU was exchanged with an IDO FRU. Motorola will return Customer's FRU(s)to IDO's FRU inventory,upon completion of repair. 2.11 Ship repaired Infrastructure to the Customer specified address during normal operating hours set forth in 2.4.1. FRU will be sent two-day air unless otherwise requested. Motorola will pay for such shipping,unless Customer requests shipments outside of the above mentioned standard business hours and/or carrier programs, such as NFO (next flight out). In such cases, Customer will be subject to shipping and handling charges. 3.0 Customer has the following responsibilities: 3.1 Contact or instruct Servicer to contact the Motorola System Support Center(SSC) and request an Advanced Replacement, or Loaner FRU and a return authorization number(necessary for all non-Advanced Replacement repairs)prior to shipping malfunctioning Infrastructure or third party Infrastructure named in the applicable attached Exhibit. 3.1.1 Provide model description,model number, serial number,type of System and Firmware version, symptom of problem and address of site location for FRU or Infrastructure. 3.1.2 Indicate if Infrastructure or third party Infrastructure being sent in for service was subjected to physical damage or lightning damage. 3.1.3 Follow Motorola instructions regarding inclusion or removal of Firmware and Software applications from Infrastructure being sent in for service. 3.1.4 Provide Customer purchase order number to secure payment for any costs described herein. 3.2 Pay for shipping of Advanced Replacement or Loaner FRU from IDO if Customer requested shipping outside of standard business hours or carrier programs set forth in section 2.4.1. 3.3 Within five(5) days of receipt of the Advanced Replacement FRU from IDO's FRU inventory,properly package Customer's malfunctioning Infrastructure and ship the malfunctioning Infrastructure to IDO for evaluation and repair as set forth in 2.7. Customer must send the return air bill,referenced in 2.4.2 above back to DO in order to ensure proper tracking of the returned Infrastructure. Customer will be subject to a replacement fee for malfunctioning Infrastructure not properly returned. For Infrastructure and/or third party Infrastructure repairs that are not exchanged in advance,properly package Infrastructure and ship the malfunctioning FRU, at Customer's expense and risk of loss to Motorola. Customer is responsible for properly packaging the Customer malfunctioning Infrastructure FRU to ensure that the shipped Infrastructure arrives un-damaged and in repairable condition. Clearly print the return authorization number on the outside of the packaging. 3.4 If received, Customer must properly package and ship Loaner FRU back to IDO within five (5)days of receipt of Customer's repaired FRU. 3.5 Maintain templates of Software/applications and Firmware for reloading of Infrastructure as set forth in paragraph 2.3 and 2.9. 3.6 Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola to provide the Infrastructure Repair with Advanced Replacement services to Customer. 7 GI MOTOROLA 4.0 In addition to any exclusions named in Section 5 of the Service Terms and Conditions or in any other underlying Agreement to which this SOW is attached,the following items are excluded from Infrastructure Repair with Advanced Replacement: 4.1 All Infrastructure over seven(7)years from product cancellation date. 4.2 Physically damaged Infrastructure. 4.3 Third party Equipment not shipped by Motorola. 4.4 Consumable items including,but not limited to,batteries, connectors, cables,tone/ink cartridges. 4.5 Test equipment. 4.6 Racks, furniture and cabinets. 4.7 Firmware and/or Software upgrades. ASTRO®25 7.X Infrastructure Repair with Advanced Replacement Exhibit ASTRO®25 Infrastructure Inclusions,Exclusions,Exceptions and Notes for Exhibit Infrastructure Repair Antenna Systems Excludes all Equipment such as bi-directional amplifiers, multicouplers, combiners,tower top pre-amplifiers, antennas, cables,towers,tower lighting, and transmission lines Base Station(s)and Repeater(s) Includes Quantar, STR3000,GTR8000, GTR8000 HPD, IntelliRepeater,Network Management(Please refer to the SOW for details)is not available on all stations. Quantar high power booster power amplifier,power supply and control board Excludes Fan Modules,Dual Circulator Tray, Site RMC Tray Central Electronics Bank(s) Includes Logging Recorder Interface and Network Hub. Excludes Nice Logging Recorders Channel Bank(s) Includes Premisys, Telco,IMACS models 600, 800. Excludes Siemens Comparator(s) Includes Spectratac,Digitac, and ASTRO-tac 9600, GMC8000, Comparators. Computer(s)/Workstations/ Includes computers(Pentium I, II, III, IV)directly interface Modems with or control the communications System, including SiteLens and Systemwatch II,PT800 tablet HP x1100, HPx2100,HP xw4000-4600,HP VL600,HP VL800,ML850 laptop,MW800,ML900 laptop, Compaq XW4000. Includes keyboards Excludes all other laptop and desktop computer technologies and all 286, 386,486 computers; defective or phosphor-burned cathode ray tubes CRT(s) and burned-in flat panel display image retention,mice and trackballs. Console(s) Includes consoles(Centracom Gold Series, Centracom Gold Series Elite, Centracom Gold Elite, CommandSTAR lite, MIP5000,MC1000,MC2000,MC2500,MC3000,MCC5500) Includes headset jacks, dual footswitches, gooseneck microphones and Console Interface Electronics (CIE). Excludes Centracom I. Controller-trunking Includes SmartNet II prime and remote controllers,MTC3600, GCP8000, Site Controller PSC9600, CSC7000,MTC9600, MZC3600,MZC5000. Excludes SSMT and SCMS 8 0 MOTOROLA controllers. CD ROM Drive,Fan Tray D- ictaphones and Recording Excludes all types and models. Equipment Digital Interface Unit(s) Included Digital Signaling Modem(s) Included upon modem model availability Digital Voice Modem(s) Included upon modem model availability E- mbassy Switch Includes AEB,AIMI, ZAMBI,AMB K- eyload Variable Loader Included L- ogging Recorder Excluded NICE M- anagement Terminals Includes computers(Pentium I, II, III, IV)directly interface with or control the communications System, including SiteLens and Systemwatch II. Excludes laptop computers and _ all 286, 386,486 computers. MBEX(s)or NOVA Interconnect Included M- icrowave Equipment Excluded from service agreement but may be repaired on an above contract,time and material basis.All Equipment must be shipped to IDO. Excludes any on-site services. Monitor(s) Includes all Motorola certified monitors connected to computers that directly interface with or control the communications System. Excludes defective or phosphor-burned cathode ray tubes CRT(s) and burned-in flat panel displays image retention. Monitors not shipped by Motorola and/or cannot be confirmed by a Motorola factory order number. Moscad Only NFM(Network Fault Management), as part of communication System only, RTU, SDM Site Manager RTU. Standalone MOSCAD and System Control and Data Acquisition(SCADA)must be quoted separately. Excludes Fire alarming systems. Network Fault Management Includes Full Vision. Excludes NMC Packet Data Gateway Includes Non-Redundant,High Power Data Printer(s) Includes printers that directly interface with the communications System. RAS(s) Excludes RAS 1100, 1101 and 1102 Receiver(s) Includes Quantar,MTR2000 and ASTRO-TAC, GTR8000, GTR8000 HPD Receivers. Excludes Fan Modules,Dual Circulator Tray, Site RMC Tray 9 0 MOTOROLA Routers Includes ST5500, ST5598, S2500-S6000 Servers Includes Netra 240,cPCI,HP DL360,HP ML370,hp ML110, hp TC2110,2120 Data Collection Device Server,HP InfoVista Server. IR8000 series, LX4000 series,Intel Server TSRL-T2,TIGPR2U,Proventia 201 Linux IDSS,Proventia GX4002C,Trak9100. Network Management Server includes cPCI Chassis,Power Supply,Fan Tray, Controller Hard Drive, CD ROM Drive, Tape Drive, CPU, Client PC's,Excluded Core security Management Server,Dell Servers,Firewall Servers,Intrusion Detection Sensor Server,Monitors,Memory Module 0182915Y02,Rear Fan RLN5352, Central Process Card 0182915Y01 Simulcast Distribution Included Amplifier(s) Site Frequency Standard(s) Includes Rubidium,GPS and Netclocks systems sold with the Motorola System. Switch Avaya Difinity PBX, S8300, S8500.Nortel Passport 7480, Cisco Catalyst 6509,HP 5308 LAN switch,HP ProCurve Switch 2524,2650, 2626, 3Com PS40, SS1100 Universal Simulcast Controller Included Interface(s) UPS Systems Excluded from service agreements but may be repaired on an above contract,time and material basis. All UPS Systems must be shipped to IDO for repair. Excludes any on-site services. Excludes all batteries. Workstation Included Customer Support Manager 1.0 Description of Services The Motorola Customer Support Manager(CSM) dedicated to the MN Metro/ARMER System will provide coordination of support resources to enhance the quality of service delivery and to ensure your satisfaction. The duties include overseeing the execution of your maintenance support contract by serving in the role of customer advocate. This involves serving as the point of contact for issue resolution and escalation,monitoring our contractual performance,providing review and analysis of process metrics and fostering a relationship for continuous improvement with customers like Ramsey County. Your existing Customer Support Plan(CSP)will be revised to contain everything you need to know to take advantage of the services provided in the contract. This support plan was designed to help transition from the pre-sales, staging, and installation phases to the delivery of life cycle support services for your system. Motorola supports your communication system with several expert service groups, each performing a specific function and working together to provide you with fast response and quick closure to issues. 10 le, MOTOROLA SOLUTIONSSERVICES AGREEMENT Attn:National Service Support/4th fi Contract Number: S00001018255 1301 East Algonquin Road Contract Modifier: RN02-AUG-12 11:09:06 (800)247-2346 Date: 10/11/2012 Company Name: Eden Prairie Fire Dept, City Of Required P.O.: No Attn: Customer#: 1036447929 Billing Address: 14800 Scenic Heights Rd Bill to Tag#: 0001 City, State, Zip: Eden Prairie,MN,55344 Contract Start Date: 11/01/2012 Customer Contact: Mark Vandenberghe Contract End Date: 10/31/2013 Phone: (952)949-8368 Anniversary Day: Oct 31st Payment Cycle: IMMEDIATE PO#: QTY MODEL/OPTION SERVICES DESCRIPTION MONTHLY EXTENDED EXT AMT ***** Recurring Services***** SVC01SVC2011C SP-DISPATCH SERVICES $0.01 $0.12 1 SITE(S) SVCO2SVC0126A NICE GOLD-LITE PACKAGE $1,215.11 $14,581.32 1 SITE(S) SPECIAL INSTRUCTIONS-ATTACH Subtotal - Recurring Services $1,215.12 $14,581.44 STATEMENT OF WORK FOR PERFORMANCE DESCRIPTIONS Subtotal- One-Time Event Services $ .00 $ .00 Total $1,215.12 $14,581.44 Taxes - - Grand Total $1,215.12 $14,581.44 THIS SERVICE AMOUNT IS SUBJECT TO STATE AND LOCAL TAXING JURISDICTIONS WHERE APPLICABLE,TO BE VERIFIED BY MOTOROLA. Subcontractor(s) City State MOTOROLA SYSTEM SUPPORT CTR-CALL SCHAUMBU IL CENTER D0066 RG NICE SYSTEMS INC RESTON VA I received Statements of Work that describe the services provided on this Agreement. Motorola's Service Terms and Conditions, a copy of which is attached to this Service Agreement, is incorporated herein by this reference. AUTHORIZED CUSTOMER SIGNATURE TITLE DATE CUSTOM:47'P`, T IAM." � ..» MOTOR• REP`' `'EN ,..TI -(SIGH• U'r TITLE - DATE "��� Gary Range 612-490-3092 MOTOROLA REPRESENTATIVE(PRINT NAME) PHONE Company Name: Eden Prairie Fire Dept, City Of Contract Number: S00001018255 Contract Modifier: RN02-AUG-12 11:09:06 Contract Start Date: 11/01/2012 Contract End Date: 10/31/2013 Service Terms and Conditions Motorola Solutions Inc.("Motorola") and the customer named in this Agreement("Customer") hereby agree as follows: Section 1.APPLICABILITY These Service Terms and Conditions apply to service contracts whereby Motorola will provide to Customer either(1) maintenance, support, or other services under a Motorola Service Agreement, or(2) installation services under a Motorola Installation Agreement. Section 2. DEFINITIONS AND INTERPRETATION 2.1. "Agreement" means these Service Terms and Conditions; the cover page for the Service Agreement or the Installation Agreement, as applicable; and any other attachments, all of which are incorporated herein by this reference. In interpreting this Agreement and resolving any ambiguities, these Service Terms and Conditions take precedence over any cover page, and the cover page takes precedence over any attachments, unless the cover page or attachment states otherwise. 2.2. "Equipment" means the equipment that is specified in the attachments or is subsequently added to this Agreement. 2.3. "Services" means those installation, maintenance, support, training, and other services described in this Agreement. Section 3.ACCEPTANCE Customer accepts these Service Terms and Conditions and agrees to pay the prices set forth in the Agreement. This Agreement becomes binding only when accepted in writing by Motorola. The term of this Agreement begins on the "Start Date" indicated in this Agreement. Section 4. SCOPE OF SERVICES 4.1. Motorola will provide the Services described in this Agreement or in a more detailed statement of work or other document attached to this Agreement. At Customer's request, Motorola may also provide additional services at Motorola's then-applicable rates for the services. 4.2. If Motorola is providing Services for Equipment, Motorola parts or parts of equal quality will be used; the Equipment will be serviced at levels set forth in the manufacturer's product manuals; and routine service procedures that are prescribed by Motorola will be followed. 4.3. If Customer purchases from Motorola additional equipment that becomes part of the same system as the initial Equipment, the additional equipment may be added to this Agreement and will be billed at the applicable rates after the warranty for that additional equipment expires. 4.4. All Equipment must be in good working order on the Start Date or when additional equipment is added to the Agreement. Upon reasonable request by Motorola, Customer will provide a complete serial and model number list of the Equipment. Customer must promptly notify Motorola in writing when any Equipment is lost, damaged, stolen or taken out of service. Customer's obligation to pay Service fees for this Equipment will terminate at the end of the month in which Motorola receives the written notice. 4.5. Customer must specifically identify any Equipment that is labeled intrinsically safe for use in hazardous environments. 4.6. If Equipment cannot, in Motorola's reasonable opinion, be properly or economically serviced for any reason, Motorola may modify the scope of Services related to that Equipment; remove that Equipment from the Agreement; or increase the price to Service that Equipment. 4.7. Customer must promptly notify Motorola of any Equipment failure. Motorola will respond to Customer's notification in a manner consistent with the level of Service purchased as indicated in this Agreement. Section 5. EXCLUDED SERVICES 5.1. Service excludes the repair or replacement of Equipment that has become defective or damaged from use in other than the normal, customary, intended, and authorized manner; use not in compliance with applicable industry standards; excessive wear and tear; or accident, liquids, power surges, neglect, acts of God or other force majeure events. 5.2. Unless specifically included in this Agreement, Service excludes items that are consumed in the normal operation of the Equipment, such as batteries or magnetic tapes.; upgrading or reprogramming Equipment; accessories, belt clips, battery chargers, custom or special products, modified units, or software; and repair or maintenance of any transmission line, antenna, microwave equipment, tower or tower lighting, duplexer, combiner, or multicoupler. Motorola has no obligations for any transmission medium, such as telephone lines, computer networks, the internet or the worldwide web, or for Equipment malfunction caused by the transmission medium. Section 6. TIME AND PLACE OF SERVICE Service will be provided at the location specified in this Agreement. When Motorola performs service at Customer's location, Customer will provide Motorola, at no charge,a non-hazardous work environment with adequate shelter, heat, light, and power and with full and free access to the Equipment. Waivers of liability from Motorola or its subcontractors will not be imposed as a site access requirement. Customer will provide all information pertaining to the hardware and software elements of any system with which the Equipment is interfacing so that Motorola may perform its Services. Unless otherwise stated in this Agreement, the hours of Service will be 8:30 a.m. to 4:30 p.m., local time, excluding weekends and holidays. Unless otherwise stated in this Agreement,the price for the Services exclude any charges or expenses associated with helicopter or other unusual access requirements; if these charges or expenses are reasonably incurred by Motorola in rendering the Services,Customer agrees to reimburse Motorola for those charges and expenses. Section 7. CUSTOMER CONTACT Customer will provide Motorola with designated points of contact (list of names and phone numbers)that will be available twenty-four(24) hours per day, seven (7)days per week, and an escalation procedure to enable Customer's personnel to maintain contact, as needed, with Motorola. Section 8. PAYMENT Unless alternative payment terms are stated in this Agreement, Motorola will invoice Customer in advance for each payment period. All other charges will be billed monthly, and Customer must pay each invoice in U.S. dollars within twenty (20)days of the invoice date. Customer will reimburse Motorola for all property taxes, sales and use taxes, excise taxes, and other taxes or assessments that are levied as a result of Services rendered under this Agreement(except income, profit, and franchise taxes of Motorola) by any governmental entity. Section 9. WARRANTY Motorola warrants that its Services under this Agreement will be free of defects in materials and workmanship for a period of ninety (90) days from the date the performance of the Services are completed. In the event of a breach of this warranty, Customer's sole remedy is to require Motorola to re-perform the non-conforming Service or to refund, on a pro-rata basis, the fees paid for the non-conforming Service. MOTOROLA DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Section 10. DEFAULT/TERMINATION 10.1. If either party defaults in the performance of this Agreement, the other party will give to the non-performing party a written and detailed notice of the default. The non-performing party will have thirty (30)days thereafter to provide a written plan to cure the default that is acceptable to the other party and begin implementing the cure plan immediately after plan approval. If the non-performing party fails to provide or implement the cure plan, then the injured party, in addition to any other rights available to it under law, may immediately terminate this Agreement effective upon giving a written notice of termination to the defaulting party. 10.2. Any termination of this Agreement will not relieve either party of obligations previously incurred pursuant to this Agreement, including payments which may be due and owing at the time of termination. All sums owed by Customer to Motorola will become due and payable immediately upon termination of this Agreement. Upon the effective date of termination, Motorola will have no further obligation to provide Services. Section 11. LIMITATION OF LIABILITY Except for personal injury or death, Motorola's total liability, whether for breach of contract, warranty, negligence, strict liability in tort, or otherwise, will be limited to the direct damages recoverable under law, but not to exceed the price of twelve (12) months of Service provided under this Agreement. ALTHOUGH THE PARTIES ACKNOWLEDGE THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, THEY AGREE THAT MOTOROLA WILL NOT BE LIABLE FOR ANY COMMERCIAL LOSS; INCONVENIENCE; LOSS OF USE, TIME, DATA, GOOD WILL, REVENUES, PROFITS OR SAVINGS; OR OTHER SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES IN ANY WAY RELATED TO OR ARISING FROM THIS AGREEMENT OR THE PERFORMANCE OF SERVICES BY MOTOROLA PURSUANT TO THIS AGREEMENT. No action for contract breach or otherwise relating to the transactions contemplated by this Agreement may be brought more than one (1)year after the accrual of the cause of action, except for money due upon an open account.This limitation of liability will survive the expiration or termination of this Agreement and applies notwithstanding any contrary provision. Section 12. EXCLUSIVE TERMS AND CONDITIONS 12.1. This Agreement supersedes all prior and concurrent agreements and understandings between the parties, whether written or oral, related to the Services, and there are no agreements or representations concerning the subject matter of this Agreement except for those expressed herein. The Agreement may not be amended or modified except by a written agreement signed by authorized representatives of both parties. 12.2. Customer agrees to reference this Agreement on any purchase order issued in furtherance of this Agreement, however, an omission of the reference to this Agreement will not affect its applicability. In no event will either party be bound by any terms contained in a Customer purchase order, acknowledgement, or other writings unless: the purchase order, acknowledgement, or other writing specifically refers to this Agreement; clearly indicate the intention of both parties to override and modify this Agreement; and the purchase order,acknowledgement, or other writing is signed by authorized representatives of both parties. Section 13. PROPRIETARY INFORMATION; CONFIDENTIALITY; INTELLECTUAL PROPERTY RIGHTS 13.1. Any information or data in the form of specifications, drawings, reprints, technical information or otherwise furnished to Customer under this Agreement will remain Motorola's property, will be deemed proprietary, will be kept confidential, and will be promptly returned at Motorola's request. Customer may not disclose, without Motorola's written permission or as required by law, any confidential information or data to any person, or use confidential information or data for any purpose other than performing its obligations under this Agreement. The obligations set forth in this Section survive the expiration or termination of this Agreement. 13.2. Unless otherwise agreed in writing, no commercial or technical information disclosed in any manner or at any time by Customer to Motorola will be deemed secret or confidential. Motorola will have no obligation to provide Customer with access to its confidential and proprietary information, including cost and pricing data. 13.3. This Agreement does not grant directly or by implication, estoppel, or otherwise, any ownership right or license under any Motorola patent, copyright, trade secret, or other intellectual property including any intellectual property created as a result of or related to the Equipment sold or Services performed under this Agreement. Section 14. FCC LICENSES AND OTHER AUTHORIZATIONS Customer is solely responsible for obtaining licenses or other authorizations required by the Federal Communications Commission or any other federal, state, or local government agency and for complying with all rules and regulations required by governmental agencies. Neither Motorola nor any of its employees is an agent or representative of Customer in any governmental matters Section 15. COVENANT NOT TO EMPLOY During the term of this Agreement and continuing for a period of two (2)years thereafter, Customer will not hire, engage on contract, solicit the employment of, or recommend employment to any third party of any employee of Motorola or its subcontractors without the prior written authorization of Motorola. This provision applies only to those employees of Motorola or its subcontractors who are responsible for rendering services under this Agreement. If this provision is found to be overly broad under applicable law, it will be modified as necessary to conform to applicable law Section 16. MATERIALS, TOOLS AND EQUIPMENT All tools, equipment, dies, gauges, models, drawings or other materials paid for or furnished by Motorola for the purpose of this Agreement will be and remain the sole property of Motorola. Customer will safeguard all such property while it is in Customer's custody or control, be liable for any loss or damage to this property, and return it to Motorola upon request. This property will be held by Customer for Motorola's use without charge and may be removed from Customer's premises by Motorola at any time without restriction. Section 17. GENERAL TERMS 17.1. If any court renders any portion of this Agreement unenforceable, the remaining terms will continue in full force and effect. 17.2. This Agreement and the rights and duties of the parties will be interpreted in accordance with the laws of the State in which the Services are performed 17.3. Failure to exercise any right will not operate as a waiver of that right, power, or privilege. 17.4. Neither party is liable for delays or lack of performance resulting from any causes that are beyond that party's reasonable control, such as strikes, material shortages, or acts of God. 17.5. Motorola may subcontract any of the work,but subcontracting will not relieve Motorola of its duties under this Agreement. 17.6. Except as provided herein, neither Party may assign this Agreement or any of its rights or obligations hereunder without the prior written consent of the other Party, which consent will not be unreasonably withheld. Any attempted assignment, delegation, or transfer without the necessary consent will be void. Notwithstanding the foregoing, Motorola may assign this Agreement to any of its affiliates or its right to receive payment without the prior consent of Customer. In addition, in the event Motorola separates one or more of its businesses (each a "Separated Business"),whether by way of a sale, establishment of a joint venture, spin-off or otherwise (each a "Separation Event"), Motorola may, without the prior written consent of the other Party and at no additional cost to Motorola, assign this Agreement such that it will continue to benefit the Separated Business and its affiliates (and Motorola and its affiliates, to the extent applicable)following the Separation Event 17.7. THIS AGREEMENT WILL RENEW, FOR AN ADDITIONAL ONE (1)YEAR TERM, ON EVERY ANNIVERSARY OF THE START DATE UNLESS EITHER THE COVER PAGE SPECIFICALLY STATES A TERMINATION DATE OR ONE PARTY NOTIFIES THE OTHER IN WRITING OF ITS INTENTION TO DISCONTINUE THE AGREEMENT NOT LESS THAN THIRTY (30) DAYS OF THAT ANNIVERSARY DATE. At the anniversary date, Motorola may adjust the price of the Services to reflect its current rates. 17.8. If Motorola provides Services after the termination or expiration of this Agreement, the terms and conditions in effect at the time of the termination or expiration will apply to those Services and Customer agrees to pay for those services on a time and materials basis at Motorola's then effective hourly rates. Revised Jan 1, 2010 ADDENDUM A This Addendum A amends that certain Service Agreement dated October 11, 2012, entered into by and between City of Eden Prairie and Motorola Solutions, Inc., Contract Number S00001018255. 1. Definitions. The following definitions apply to this Appendix. 1.1 "Customer"means City of Eden Prairie. 1.2 "Motorola"means Motorola Solutions, Inc. 1.3 "Contract"means the contract or agreement that this Appendix is attached. 2. Section 8 Payment. Section 8, is amended by deleting the phrase "twenty (20) days and inserting"thirty(30) days." 3. Section 11 LIMITATION OF LIABILITY. Section 11 is amended in its entirety as follows: Except for personal injury or death, Motorola's total liability to Customer, whether for breach of contract, warranty, negligence, strict liability in tort, or otherwise, will be limited to the direct damages recoverable under law, but not to exceed the Contract price. Motorola shall not be liable to Customer for any loss of use, loss of time, inconvenience, commercial loss, lost profits or savings, or other special, incidental or consequential damages related to or arising from this Agreement, or the services performed by Motorola pursuant to this Agreement. Notwithstanding the preceding sentence and as applicable to this Agreement, Customer may recover from Motorola incidental damages resulting from Motorola's breach for expenses reasonably incurred, receipt, crafting, packaging, transportation, recovery of Good, and care of custody of Goods rightfully rejected, but such incidental damages not to exceed $50,000. This limitation of liability will survive the expiration or termination of this Agreement and applies notwithstanding any contrary provision. 4. Section 13 Proprietary Information; Confidential; Intellectual Property Rights. Section 13.1 is amended as follows: 13.1 Any information or data in the form of specifications, drawings, prints, technical information or otherwise furnished to Customer under this Agreement will remain Motorola's property, will be deemed proprietary, will be kept confidential, and will be promptly returned at Motorola's request. Customer may not disclose any non- public or private information or data to any person. Customer may not use confidential information or data itself for any purpose other than performing its obligations under this Agreement. Notwithstanding the foregoing, all information and data shall be subject to disclosure pursuant to the requirements of the Minnesota Government Data Practices Act, Minn. Stat. § 13.01, et seq.. 1 5. Section 13 Proprietary Information; Confidential; Intellectual Property Rights. Section 13.2 is deleted in its entirety. 6. Audits. The books, records, documents, and accounting procedures and practices of Motorola, and its assigns and subcontractors, relevant to this agreement are subject to examination by Customer and either Legislative Auditor or the State Auditor for a period of six years after the effective date of this Contract. In no circumstances will Motorola be required to create or maintain documents not kept in the ordinary course of Motorola's business operations, nor, except as otherwise required by the Minnesota Government Data Practices Act, will Motorola be required to disclose any information, including but not limited to product cost data, which it considers confidential or proprietary to Motorola. 7. Worker's Compensation. Contracting Party represents that it has and will maintain during the performance of this agreement worker's compensation insurance coverage required pursuant to Minn. Stat. § 176.181, subd. 2 and that the certificate of insurance or the written order of the Commissioner of Commerce permitting self insurance of worker's compensation insurance coverage provided to Customer upon execution of this agreement. 8. Discrimination. In performance of this contract, Motorola shall not discriminate on the grounds of or because of race, color, creed, religion, national origin, sex, marital status, status with regards to public assistance, disability, sexual orientation, or age against any employee of Motorola, any subcontractor of Motorola, or any applicant for employment. Motorola shall include a similar provision in all contracts with subcontractors to this contract. Motorola further agrees to comply with all aspects of the Minnesota Human Rights Act, Minn. Stat. § 363.01, et seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 9. Conflicts. No salaried officer or employee of Customer and no member of the Board of Customer shall have a financial interest, direct or indirect, in this contract. The violation of this provision renders the Contract void. Any federal regulations and applicable state statutes shall not be violated. 10. Claims. To receive any payment on this Contract, the invoice or bill must include the following signed and dated statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." 11. Contracting Party's Prompt Payment of Subcontractors. Motorola shall pay to any subcontractor within ten (10) days of Motorola's receipt of payment from Customer for undisputed services provided by the subcontractor. Motorola shall pay interest of one and a half percent (1 '/2%) per month or any part of a month to a subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100.00 or more is $10.00. For an unpaid 2 balance of less than $100.00, Motorola shall pay the actual amount due to the subcontractor. 12. Limitation of Remedies In the event of a breach of the Contract by either party, neither party shall be entitled to recover punitive, special or consequential damages. By signing this Addendum A the parties acknowledge that the above provisions become part of the Service Agreement. MOTO L O , C. CITY OF EDEN PRAIRIE By Its Ct omer S pport Matta er Its Mayor By Its City Manager 3 IQ M T R LA Statement of Work (SOW) for the City of Eden Prairie, MN NICE Logging Recorder Overview This SOW is predicated upon a support contract with Motorola being in place for the 2010 calendar year for the entire MN Metro/ARMER Radio System. Given that, a number of services that we would normally recommend for your sub-system are covered under that agreement. This includes: Technical Support, Software Subscription Agreement and Pre-Tested Subscription Service. Equipment covered under this Statement of Work is as follows: • (1)NICE Logging Recorder Systems (IP and Analog) Service is being provided for the following supplemental support for your system given the above caveats: • Gold-Lite Level Support for the NICE Logging Recorder NICE Gold-Lite Maintenance(SP-Dispatch) Overview Motorola utilizes NICE Logging Recorders to provide a complete,reliable and robust solution for Customer audio recording requirements. 1.0 Description of Services Motorola System Support Center(SSC)will initiate the Customer service request to NICE. NICE will deliver services identified in the NICE Gold-Lite Maintenance tables provided in this SOW. Post warranty services provided by NICE include phone coverage, on site support and hardware support for applicable NICE Logging Equipment integrated within a Motorola network or Vortex console. The terms and conditions of this Statement of Work(SOW)are an integral part of Motorola's Service Terms and Conditions or other applicable Agreement to which it is attached and made a part thereof by this reference. 2.0 Motorola has the following responsibilities: 2.1 Respond to request for post warranty support for the Restoration of a failed System. 2.2 Collect model, serial number information, customer name and customer contact. 2.3 Provide a case number. 2.4 Contact NICE support and provide them with customer, case number,model, and serial number information.NICE will contact the customer/field team and work the issue to completion. 2.5 Advise caller of procedure for determining any additional requirements. 2.6 Coordinate resolutions with agreed upon third party vendor. 2.7 Close the case once the NICE issue has been resolved. 3.0 Customer has the following responsibilities: 3.1 Contact Motorola System Support Center(SSC)to initiate a service request. 3.2 Provide model and serial number. 3.3 Provide a contact name and contact phone number. 1 MOTOROLA 4.0 NICE has the following responsibilities: 4.1 Provide repair return authorization numbers to Customer. 4.2 Provide services in accordance with Table 1,per the time zone where the equipment resides,Monday through Friday, excluding NICE's published holidays and within the normal response times. 4.3 Receive malfunctioning hardware from Customer and document its arrival,repair and return. 4.4 Perform the following service on NICE hardware: 4.4.1 Replace malfunctioning components.NICE will use commercially reasonable efforts to repair or replace,in its discretion, any hardware found to be defective under normal and proper use and service during the contract period.An in-coverage unit will be repaired and returned at no charge except for under the following conditions: (1)The unit has been modified or damaged due to improper packaging; or (2)If a unit is received for repair and found operable in accordance with current NICE standards, it will be classified as"no trouble found"and it will be returned in the same condition in which it was received. 4.5 Coordinate any repair activity with Motorola and Customer to ensure resolution 4.6 On-site reporting,the NICE service provider(SP)will: 4.6.1 Arrive at the Customer site and go directly to the Customer contact 4.6.2 When SP is ready to leave,notify the Customer contact 4.6.3 Provide verbal reports to the Customer contact on all work complete and in progress by NICE 4.6.4 Sign out and leave with the Customer contact a visit report of the work accomplished by NICE and the outstanding issues 4.7 Provide to the Customer contact within one(1)week of the on-site visit a follow-up report on any outstanding issues 4.8 Contact Motorola System Support Center to close the case 4.9 Perform services according to NICE service priorities Table 1 Support Coverage Phone Support.-rwenty-four(24) hours, seven (7) days per week On-Site Su000rt- Eight (8) hours, five (5)days per week. (8 t.o 5) Call Back Response Time Sixty (60) minutes atter receipt of call from authorized representative On-Site Response Time for Six (6) hours Priority 1 Service Issues Gold-Lite Available Anywhere Priority 1 Priority 2 Priority 3 Priority 4 Phone Availability 24*7 4*7 24*7 4*7 Support Coverage 8 - 5*5 8 -6*6 8- 5*5 8 - 6*6 Call Back Response Time 60 minutes 120 minutes 24 hours 24 hours On Site Response Times* 6 hours 24 hours 46 hours 48 hours *On Site Response Time are in effect following the determination that on site support is required. Repair parts are shipped overnight, unless otherwise pre-arranged. The arrival of the technician and the shipped parts will be coordinate to coincide. 2 GI MOTOROLA Priority 1 —Critical Failure—In a 100%recording environment,any failure of equipment,NICE software or communications to the NICE products which results in loss of recording channels or data, or if allowed to persist will result in such recording loss. Priority 2—Major Problem—Any problem resulting in loss of ability to retrieve calls or loss of replay functionality for two or more workstations. Priority 3—Product Anomaly—Any problem affecting one or more workstations which does not result in a loss of recording or replay but nevertheless results in diminished Product response or performance, for example if an administrator loses the ability to add or delete users. Priority 4—System Inquiry,planned intervention or request for information. 4.10 Software Upgrades-NICE's standard maintenance services shall include installation of only such software updates to the NICE software which, in NICE's sole discretion, are necessary to ensure efficient operation of the products("NICE Software Updates").NICE will provide Customer with a version of the NICE Software Update for Customer to review and authorize for installation.Upon such installation, Customer shall receive a copy of all written materials necessary to allow Customer to operate such NICE Software Updates. All NICE Software Updates are licensed for use solely on the Equipment on which the relevant NICE Software was first installed and shall,unless otherwise set forth herein,be governed by the terms and conditions of the software license for the NICE Software executed by both parties("NICE Software License"). 5.0 Ineligible Products-Additional Service fees shall apply for any maintenance provided by NICE for any and all individual products that are damaged by causes not caused directly by the gross negligence or intentional misconduct of NICE and external to the relevant individual product,including without limitation, damages to a individual product caused by: (i)neglect,mishandling,misuse and/or unauthorized drepair by anyone other than NICE or a NICE certified technician; (ii) failure to maintain the Site in accordance with NICE's installation site specifications ("Installation Site Specifications"); (iii)relocation from the Site specified by the parties; (iv)use by anyone other than NICE or a NICE certified technician for purposes other than those for which it was designed, as described in the applicable documents, Operating Manuals and/or specifications provided by NICE; (v)use by anyone other than NICE or a NICE certified technician or material or supplies, including without limitation software and firmware programming,that do not meet NICE's specifications and instructions; (vi)use of the Products with any Non-Nice Hardware and/or(vii)an accident, transportation,improper cooling or humidity control, failure to telephone equipment or communication lines, failure or fluctuation of electrical power, other unusual physical or electrical stress and/or failure of interconnect equipment not provided by NICE or a NICE certified technician. 6.0 In addition to any exclusions named in Section 7.0 of the Terms and Conditions or in any other underlying Agreement to which this SOW is attached,the following items are excluded: 1. All Infrastructure over seven(7)years from product cancellation date 2. Physically damaged Infrastructure 3. Third party Equipment not shipped by Motorola 3 0 MOTOROLA 4. Consumable items including,but not limited to,batteries,connectors, cables,tone/ink cartridges 5. Test Equipment 6. Racks, furniture and cabinets 7. Firmware and/or Software upgrades 7.0 Data System Infrastructure Exhibit Inclusions,Exclusions,Exceptions and Notes for Infrastructure Repair Logging Recorder Includes NICE logging Recorders Excludes all other technologies Rack Mounts/Shelves Includes NICE rack mount/shelf ONLY Excludes all other technologies Replay Station Excluded Servers/Storage Center Includes NICE servers/storage centers ONLY Excludes all other technologies Workstation Excluded 4 CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda November 20, 2012 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.S. Community Development/Planning Bellerieve Janet Jeremiah/Regina Rojas Requested Action Move to: • Approve 2nd Reading of the Ordinance for Zoning District Change from Rural to R1-13.5 on 23 acres; and • Approve the Development Agreement for Bellerieve; and • Approve and Authorize Issuance of a Grading Permit for Bellerieve, subject to release by the City Engineer upon determination that the final contract documents conform to plans stamp dated October 31, 2012 as approved by the City Council. Synopsis This is final approval of a 10 lot single family subdivision that conforms to R1-13.5 requirements. The applicant and Parks and Recreation staff have agreed on the location for the future trail and outlot size. The plans have been revised. Background Information The 120-Day Review Period Expires on December 1, 2012. Attachments 1. Ordinance for Zoning District Change 2. Summary Ordinance 3. Development Agreement BELLERIEVE CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT,AND ADOPTING BY REFERENCE CITY CODE CHAPTER 11 AND SECTION 11.99 WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the Rural District and be placed in the R1-13.5 District. Section 3. The proposal is hereby adopted and the land shall be, and hereby is removed from the Rural District and shall be included hereafter in the R1-13.5 District, and the legal descriptions of land in each District referred to in City Code Section 11.03, Subdivisionl, Subparagraph B, shall be, and are amended accordingly. Section 4. City Code Chapter 1, entitled"General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99, "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 5. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of November 20, 2012, entered into between 6G Ranch, LLC, and the City of Eden Prairie, and which Agreement are hereby made a part hereof. Section 6. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 16th day of October, 2012, 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 20th day of November, 2012. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on November 29, 2012. EXHIBIT A Legal Description Before Final Plat That part of the following described property: Parcel 1: Government Lot 2, Section 36, Township 116, Range 22, also that part of Government Lot 1 of said Section 36, described as beginning on the Northerly shoreline of the Minnesota River at a point 815.00 feet East of the West line of said Government Lot 1; thence North and parallel with the West line of said Government Lot 1 to a point 910.00 feet South of the North line of said Government Lot 1; thence East and parallel with the North line of said Government Lot 1 a distance of 395.00 feet; thence North and parallel with the West line of said Government Lot 1, a distance of 910.00 feet to the North line of said Government Lot 1; thence East long said North line to the Northeast corner of said Government Lot 1; thence South along the East line of said Government Lot 1 to the shoreline of the Minnesota River; thence Westerly along said shoreline to the point of beginning. Which lies Westerly of the following described line: Commencing at the Northwest corner of said Government Lot 1; thence on an assumed bearing of South 88 degrees 52 minutes 24 seconds East along the north lines of said Government Lots 1 and 2 a distance of 1699.67 feet to the point of beginning of the line to be described; thence South 0 degrees 10 minutes West, 910.00 feet; thence South 38 degrees West, 630.00 feet, more or less, to the northerly shoreline of the Minnesota River and said line there terminating. Parcel 2: That part of Government Lots 1 and 2 in Section 36, Township 116, Range 22, which lies Easterly of the following described Line A and its extensions and Westerly of the following described Line B and its extensions: Line A: Commencing at the Northwest corner of said Government Lot 1; thence on an assumed bearing of South 88 degrees 52 minutes 24 seconds East along the North lines of said Government Lots 1 and 2 a distance of 1699.67 feet to the point of beginning of the line to be described; thence South 0 degrees 10 minutes West, 910.00 feet; thence South 38 degrees West, 630.00 feet, more or less, to the Northerly shoreline of the Minnesota River, and said line there terminating. Line B: Commencing at the Northwest corner of said Government Lot 1; thence on an assumed bearing of South 88 degrees 52 minutes 24 seconds East along the North lines of said Government Lots 1 and 2 a distance of 1750.00 feet to the point of beginning of the line to be described; thence South 0 degrees 10 minutes West, 1500 feet, more or less, to the Northerly shoreline of the Minnesota River, and said line there terminating. Parcel 3: The East 25 feet of the West 1210 feet of the North 910 feet of Government Lot 1, Section 36, Township 116 North, Range 22 West. After Final Plat: Lots 1-10 and Outlots A, B, and C, Bellerieve BELLERIEVE CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 33-2012 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER,AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT,AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99,WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA, ORDAINS: Summary: This ordinance allows rezoning of land located at 10701 Riverview Road, from Rural to R1-13.5 Zoning District. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on November 29, 2012. (A full copy of the text of this Ordinance is available from City Clerk.) DEVELOPMENT AGREEMENT BELLERIEVE THIS DEVELOPMENT AGREEMENT ("Agreement") is entered into as of November 20, 2012, by Bellerieve Development, Inc. a Minnesota corporation, hereinafter referred to as "Developer," its successors and assigns, and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City": WITNESSETH: WHEREAS, Developer has applied to City for Zoning District Change from Rural to R1-13.5 Zoning District on 23 acres and Preliminary Plat of 23 acres into 10 lots and 3 outlots, legally described on Exhibit A (the "Property"); NOW, THEREFORE, in consideration of the City adopting Ordinance No. for Zoning District Change from Rural to R1-13.5 on 23 acres 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 October 31, 2012 reviewed and approved by the City Council on October 16, 2012, (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. PLANS FOR INDIVIDUAL HOME CONSTRUCTION: Prior to building permit issuance for each residential structure on each parcel of the Property, a Certificate of Survey for such parcel shall be submitted for review and written approval by the Building Department. The Certificate of Survey shall include a certification by the builder that construction of the residence is consistent with this Agreement and all exhibits attached hereto, and shall further contain the following information: A. Topography with 2 foot contour intervals for existing and proposed grades. Topography must be field verified. B. Location of structures with finished floor elevations. C. Retaining walls, type, height, and type of details. D. Location of sewer and water services. E. Method of erosion control. F. Detailed grading plans. G. No construction or grading within any conservancy easement area. H. No steepening of the natural slopes for walk out levels that meet natural grade. I. Engineered design for footing, foundation, and retaining walls as required. J. As-built grading plans prepared by a qualified professional must be submitted to the City of Eden Prairie prior to issuance of the occupancy permit for the home. 4. CONSERVATION EASEMENT FOR THE PROTECTION OF EXISTING TREES AND WETLANDS ON THE PROPERTY: Prior to release of the final plat for the Property, Developer shall submit a Conservation Easement in the form attached as Exhibit F, for review and written approval by the Director of Parks and Recreation Services over that portion of the Property as delineated on the Plans. After approval by the City, Developer shall file the Conservation Easement with the Hennepin County Recorder/Registrar of Title 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 Conservation Easement has been recorded in the Hennepin County Recorder's Office/Registrar of Titles' Office. Prior to issuance of the first building permit for the Property, and prior to recording of any document affecting the property, including any mortgage granted by the Developer or owners, their successors and/or assigns, Developer shall permanently demarcate the location of the boundary of the conservation easement on each lot property line or corner with permanent four-foot tall posts. A 2 1/2 by 6 inch sign or decal reading "Scenic/Conservation Easement Boundary, City of Eden Prairie", will be affixed to the top of the post. 5. DEDICATION OF PARK LAND: [Intentionally deleted] 6. DEVELOPER'S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a violation of City Code relating to use of the Property during construction thereon or failure to fulfill an obligation imposed upon the Developer pursuant to this Agreement, City shall give 24 hour notice of such violation in order to allow a cure of such violation, provided however, City need not issue a building or occupancy permit for construction or occupancy on the Property 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 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. GRADING, DRAINAGE, AND STORMWATER POLLUTION PREVENTION PLANS: A. FINAL GRADING AND DRAINAGE PLAN: Developer agrees that the grading and drainage plan contained in the Plans is conceptual. Prior to the release of a land alteration permit for the Property, Developer shall submit and obtain the City Engineer's written approval of a final grading and drainage plan for the Property. The final grading and drainage plan shall include all wetland information, including wetland boundaries, wetland buffer strips and wetland buffer monument locations; all Stormwater Facilities, such as water quality ponding areas, stormwater detention areas, and stormwater infiltration systems; and any other items required by the application for and release of a land alteration permit. All design calculations for storm water quality and quantity together with a drainage area map shall be submitted with the final grading and drainage plan. Prior to release of the grading bond, Developer shall certify to the City that the Stormwater Facilities conform to the final grading plan and that the Stormwater Facilities are functioning in accordance with the approved plans. Developer shall employ the design professional who prepared the final grading plan. The design professional shall monitor construction for conformance to the approved final grading plan and Stormwater Pollution Prevention Plan (SWPPP). The design professional shall provide a final report to the City certifying completion of the grading in conformance the approved final grading plan and SWPPP. In addition, the design professional retained by the Developer to perform the monitoring of the Project shall be responsible for all monitoring, data entry and reporting to the PermiTrack ESC web-based erosion and sediment permit tracking program utilized by the City. B. STORMWATER FACILITY CONSTRUCTION: Stormwater Facilities, including detention basins, retention basins, "Stormwater Infiltration" or "Filtration Systems" (such as rainwater gardens, vegetated swales, infiltration basins, vegetated filters, filter strips, curbless parking lot islands, parking lot islands with curb-cuts, traffic islands, tree box filters, bioretention systems or infiltration trenches) or "Underground Systems" (such as media filters, underground sand filters, underground vaults, sedimentation chambers, underground infiltration systems, pre-manufactured pipes, modular structures or hydrodynamic separators) shall be maintained by the Developer during construction and for a minimum of two (2) full growing seasons after completion of the development to ensure that soil compaction, erosion, clogging, vegetation loss, channelization of flow or accumulation of sediment are not occurring, and thereafter by the Owner of the Property. Planting and Maintenance Plans for the Stormwater Facilities (where appropriate) to ensure that the Stormwater Facilities continue to function as designed in perpetuity must be submitted prior to release of the first building permit for the Development Developer shall employ the design professional who prepared the final grading plan to monitor construction of the Stormwater Facilities for conformance to the Minnesota Pollution Control Agency publication entitled "State of Minnesota Storm Water Manual" dated November 2005, the approved final grading plan and the requirements listed herein. All inspections of underground systems shall be performed by personnel that have approved OSHA confined space training. Maintenance techniques must be used during construction to protect the infiltration capacity of all Stormwater Infiltration Systems by limiting soil compaction to the greatest extent possible. This must include delineation of the proposed infiltration system with erosion control fencing prior to construction; installation of the infiltration system using low-impact earth moving equipment; and not allowing equipment, vehicles, supplies or other materials to be stored or allowed in the areas designated for stormwater infiltration during construction. In areas of structural infiltration Developer shall prior to construction of the infiltration system provide a plan that addresses: (i) construction management practices to assure the infiltration system will be functional; (ii), erosion control measures; (iii) infiltration capacity; (iv) performance specifications that the completed infiltration system must meet to be considered functional by City and (v) corrective actions that will be taken if the infiltration system does not meet the performance specification. All Stormwater Infiltration Systems must be inspected prior to final grading to ensure that the area is infiltrating as proposed and to determine if corrective measures are required to allow infiltration as proposed. Field verification of post-construction infiltration rates must be provided to the City within 30 days after the first rainfall event of 1/2 inch or greater after the Stormwater Infiltration Systems become operational. If infiltration rates are reduced a plan to restore adequate infiltration must be provided within 90-days of the field verification test. The work required to bring the Stormwater Infiltration System back into compliance be implemented within 60 days of City approval of the plan. Pervious surfaces shall be stabilized with seed and mulch or sod and all impervious surfaces must be completed prior to final grading and planting of the Stormwater Infiltration Systems. Stormwater Infiltration Systems that are constructed under a building shall be designed for maintenance access and installed in conformance with the standards outlined in The Minnesota Stormwater Manual (November 2005) and/or the Plans. The System shall be kept off-line until construction is complete. Field verification of post-construction infiltration rates must be provided to the City within 30 days after the first rainfall event of one-half inch or greater following the Storm Water Infiltration Systems becoming operational. If the infiltration rates are reduced by construction, a plan to restore adequate infiltration must be provided within 90-days of the field test C. STORMWATER FACILITY INSPECTION AND MAINTENANCE: A Stormwater Maintenance Plan must be provided for operation and maintenance of all Stormwater Facilities to ensure they continue to function as designed in perpetuity prior to issuance of the Land Alteration Permit. The Stormwater Maintenance Plan must identify and protect the design, capacity and functionality of all Stormwater Facilities. The Maintenance Plan must contain at a minimum: the party(s) responsible for maintenance; access plans; inspection frequency; methods used for field verification of infiltration for Stormwater Infiltration Systems; routine and non-routine inspection procedures; sweeping frequency for all parking and road surfaces; plans for restoration of reduced infiltration for Stormwater Infiltration Systems; and plans for replacement of failed systems, all pursuant to and in accordance with Eden Prairie City Code Section 11.55, Subd. 8. During construction and for two years following completion of construction, all Stormwater Facilities shall be inspected at a minimum of once annually to determine if the Stormwater Facility(s) is treating stormwater as designed and should occur within 72-hours after a rainfall event of one-inch or greater to verify infiltration. All Stormwater Facilities shall be kept free of debris, litter, invasive plants and sediment. Erosion impairing the function or integrity of the Stormwater Facilities, if any, must be corrected and any structural damage impairing or threatening to impair the function of the Stormwater Facilities must be repaired. The following criteria must be included in the inspection: • A storage treatment basin (including retention and detention basins) shall be considered inadequate if sediment has decreased the wet storage volume by 50 percent or dry storage volume by 25 percent of its original design volume. • A Stormwater Infiltration System shall be considered inadequate if sediment has accumulated that impairs or has the potential to impair infiltration of stormwater. • An underground storage chamber shall be considered inadequate if sediment has decreased the storage volume by 50 percent of its original design volume. Based on this inspection, if a Stormwater Facility requires cleanout, the Stormwater Facility shall be restored to its original design and/or the infiltration capacity of the underlying soils must be restored and any surface disturbance must be stabilized within one year of the inspection date. Sediment, debris, litter or vegetation removal in Stormwater Infiltration Systems shall be by hand or with a flat-bottomed shovel or rake during dry periods. Only enough sediment shall be removed as needed to restore hydraulic capacity, leaving as much of the vegetation in place as possible. Any damaged turf or vegetation shall be reseeded or replaced. After the two year period of maintenance, the Owner of the Property shall continue to be responsible for maintenance of the Stormwater Facilities. This shall include inspections at a minimum of once per every five years. Regular maintenance shall be conducted and must include regular sweeping of private streets, parking lots or drive aisles at a minimum of once per year; debris and litter removal; removal of noxious and invasive plants; removal of dead and diseased plants; maintenance of approved vegetation; re-mulching of void areas; replanting or reseeding areas where dead or diseased plants were removed; and removal of sediment build-up. Sediment build-up in above-ground Stormwater Infiltration or Filtration Systems shall be removed by hand. Areas above Underground Systems shall be kept free of structures that would limit access to the System for inspections, maintenance or replacement. C. STORMWATER POLLUTION PREVENTION PLAN (SWPPP): Prior to issuance of a land alteration permit, Developer shall submit to the City Engineer and obtain City Engineer's written approval of Stormwater Pollution Prevention Plan (SWPPP) for the Property. The SWPPP shall include all boundary erosion control features, temporary stockpile locations, turf restoration procedures, concrete truck washout areas and any other best management practices to be utilized within the Project. Prior to release of the grading bond, Developer shall complete implementation of the approved SWPPP. 9. GRADING IN THE WOODED AREAS ON SITE: Prior to grading within any of the wooded areas on the Property, delineated on Exhibit B, Developer shall submit to the City Forester and receive the City Forester's written approval of a plan depicting construction grading limits on the Property. Prior to the issuance of any land alteration permit, Developer shall place a construction fence on the approved construction grading limits. Developer shall notify the City and watershed district 48 hours in advance of grading so that the construction limit fence may be field inspected and approved by the City Engineer and City Forester. Developer shall maintain the construction limit fence until written approval is granted by the City to remove the fence. 10. HOOK UP TO PUBLIC UTILITIES: Developer agrees that at such time as the existing sanitary sewer or water service for the existing house located on Lot 4, Block 1, substantially fails or is in need of substantial repairs, as determined by the Building and Inspections Division, Developer shall connect this house to the new sanitary sewer and water services provided in the new street, and the existing sanitary sewer and water services shall be abandoned in accordance with City Code requirements. 11. 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 the retaining walls identified on the grading plan in the Plans. These plans shall include details with respect to the height, type of materials, and method of construction to be used for the retaining walls. Developer shall complete implementation of the approved retaining wall plan in accordance with the terms and conditions of Exhibit C, attached hereto, prior to issuance of any occupancy permit for the Property. 12. RIVERVIEW ROAD AND STREET AND UTILITY PLANS: Prior to issuance by the City of any permit for the construction of streets and utilities for the Property including Riverview Road as depicted on the Plans, Developer shall submit to the City Engineer, and obtain the City Engineer's written approval of plans for public streets, sanitary sewer, water and storm sewer. Plans for public infrastructures shall be of a plan view and profile on 24 x 36 or 22 x 34 plan sheets designed to City specifications and standards. Prior to release of the final plat for the Property, Developer shall furnish to the City Engineer and receive the City Engineer's written approval of a surety equal to 125% of the cost of said improvements. A permit fee of five percent of construction value shall be paid to City by Developer. The design engineer shall provide daily inspection, certify completion in conformance to approved plans and specifications and provide record drawings. 13. SPECIAL ASSESSMENT AGREEMENT: Developer acknowledges that the Property has been specially assessed for trunk sewer and water assessments on an assessable area of 7.21 acres in the amount of$50,160.85. 14. TRAIL CONSTRUCTION: 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 trails to be constructed on the Property. Prior to release of any portion of the final plat, Developer shall convey to the city easements for the trail identified in paragraph C. below. Trails shall be constructed in the following locations: A. An eight-foot wide bituminous trail to be located on the north side of Riverview Road as depicted in the Plans. B. An internal trail system for the exclusive benefit the lot owners of the Property (other than the Outlots) providing access through the portion of the Property encumbered by the Conservation Easement as depicted on the Plans. C. An easement for a trail across Outlots A, B and C for use by the general public in accordance with the terms of Exhibit E. Bonding in accordance with City Code shall be required for trail construction. 15. TREE LOSS - TREE REPLACEMENT: There are 12,200 diameter inches of significant trees on the Property. Tree loss related to development on the Property is calculated at 2,144 diameter inches. Tree replacement required is 501 caliper inches. Prior to the issuance of any grading permit for the Property, Developer shall submit to the City Forester and receive the City Forester's written approval of a tree replacement plan for 501 caliper inches. This approved plan shall include replacement trees of a 3-inch diameter minimum size for a shade tree and a 7-foot minimum height for conifer trees. The approved plan shall also provide that, should actual tree loss exceeds 2,144 diameter inches as calculated herein, Developer shall provide tree replacement on a caliper inch per caliper inch basis for such excess loss. Prior to issuance of any grading permit for the Property, Developer shall furnish to the City Planner and receive the City Planner's approval of a tree replacement bond equal to 150% of the cost of said improvements as required by City Code. Developer shall complete implementation of the approved tree replacement plan prior to occupancy permit issuance. 16. TREE PROTECTION PROGRAM: Developer shall implement the Tree Preservation program depicted on the Plans. As part of this program, Developer agrees as follows: a. Developer will install snow fence according to the attached grading plan as depicted on the Plans. b. The Certificate of Survey provided at the time of building permit issuance shall indicate existing and proposed grades, type of home to be built, detailed tree an inventory, erosion control and construction fencing plan, location of dumpsters, materials, and construction equipment. 17. WETLAND PLAN: Prior to release of the land alteration permit for any portion of the Property, Developer shall submit to the Environmental Coordinator and receive the Environmental Coordinator's approval of a Wetland Plan. The approved Wetland Plan shall be consistent with the materials and requirements shown on the Plans and as required by City Code. The Plan shall include the following elements. A. Annual Wetland and Wetland Buffer Strip Evaluation: Developer shall submit a signed contract with a qualified wetland consultant, as determined by the City Manager and/or designee, for preparation of an Annual Wetland and Wetland Buffer Strip Evaluation Report (Annual Buffer Report) that evaluates the condition of the wetland(s) and wetland buffer strip(s) and to determine if they are in compliance with all City requirements and the Vegetation Management Plan. The Annual Buffer Report shall provide both an action plan and proposed cost for correction of all problems identified within the wetland(s) and/or wetland buffer strip(s). The first Annual Buffer Report shall be submitted no later than November 30 of the calendar year in which construction of the wetland and/or wetland buffer strip is commenced. Thereafter, this report shall be submitted annually until two full growing seasons following completion of the development have passed, at which point a final Annual Report shall be submitted. The final Annual Buffer Report shall evaluate the wetland(s) and wetland buffer strip(s) to determine if the wetland(s) and/or wetland buffer strip(s) remain in compliance with all City requirements and the Vegetation Management Plan. If any unacceptable conditions or vegetation are identified within the Annual Buffer Reports or final Annual Buffer Report, the Developer shall correct the area(s) identified within 90 days of submission of the Annual Buffer Report. B. Wetland Buffer Strip Monuments: The Wetland Plan shall include a plan to install all wetland buffer strip monuments for the property prior to release of the first building permit for any portion of the Property. The Security referred to in paragraph D below shall include the cost for location, including surveying, and installation of the monuments. Wetland buffer strip monument locations shall be shown on the final grading plan and final plat. The monument shall consist of a post and a wetland buffer strip sign. The post shall be a 1.12 to 2.0 pounds per foot (1.12 pounds per foot is preferred) green steel channel post or other material pre-approved in writing by the City Manager. The post shall be a minimum of 2.25 inches wide and 6 feet 6 inches long (2.25" x 6.5'). The sign shall have a minimum size of 3 inch by 8 inch (3"x 8"). The sign shall be mounted flush with the top of the post and shall include the statement "Conservation Easement: No Mowing Allowed" or "Conservation Easement: Vegetation Clearing Limit". The post shall be mounted to a height of four feet above grade and set at least 2.5 feet in the ground. Removal of the wetland buffer strip monuments is prohibited. C. Wetland Performance Bond: Developer shall furnish to the Environmental Coordinator and receive the Environmental Coordinator's approval of a Wetland Plan performance bond, cash escrow, or letter of credit with a corporation approved by the City Manager or other guarantee acceptable to the City Manager (hereinafter referred to as the "Security") equal to 150% of the cost, as estimated by the City Manager, of completing said Wetland Plan requirements and/or Landscaping as depicted on the Plans and as required by City Code. Said Security shall cover costs associated with the Wetland Plan during development and for two full growing seasons following completion of the development. If the Developer fails to implement the Wetland Plan in accordance with its terms, the City may draw upon the Security in whole or in part to pay the cost of implementation. IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. CITY OF EDEN PRAIRIE By Nancy Tyra-Lukens Its Mayor By Rick Getschow Its City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2012, by Nancy Tyra-Lukens and Rick Getschow, respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. Notary Public Bellerieve Development, Inc. By Its STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2012, by , the , of Bellerieve Development, Inc., a Minnesota corporation, on behalf of the corporation. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 EXHIBIT A DEVELOPMENT AGREEMENT--BELLERIEVE Legal Description Before Final Plat That part of the following described property: Parcel 1: Government Lot 2, Section 36, Township 116, Range 22, also that part of Government Lot 1 of said Section 36, described as beginning on the Northerly shoreline of the Minnesota River at a point 815.00 feet East of the West line of said Government Lot 1; thence North and parallel with the West line of said Government Lot 1 to a point 910.00 feet South of the North line of said Government Lot 1; thence East and parallel with the North line of said Government Lot 1 a distance of 395.00 feet; thence North and parallel with the West line of said Government Lot 1, a distance of 910.00 feet to the North line of said Government Lot 1; thence East long said North line to the Northeast corner of said Government Lot 1; thence South along the East line of said Government Lot 1 to the shoreline of the Minnesota River; thence Westerly along said shoreline to the point of beginning. Which lies Westerly of the following described line: Commencing at the Northwest corner of said Government Lot 1; thence on an assumed bearing of South 88 degrees 52 minutes 24 seconds East along the north lines of said Government Lots 1 and 2 a distance of 1699.67 feet to the point of beginning of the line to be described; thence South 0 degrees 10 minutes West, 910.00 feet; thence South 38 degrees West, 630.00 feet, more or less, to the northerly shoreline of the Minnesota River and said line there terminating. Parcel 2: That part of Government Lots 1 and 2 in Section 36, Township 116, Range 22, which lies Easterly of the following described Line A and its extensions and Westerly of the following described Line B and its extensions: Line A: Commencing at the Northwest corner of said Government Lot 1; thence on an assumed bearing of South 88 degrees 52 minutes 24 seconds East along the North lines of said Government Lots 1 and 2 a distance of 1699.67 feet to the point of beginning of the line to be described; thence South 0 degrees 10 minutes West, 910.00 feet; thence South 38 degrees West, 630.00 feet, more or less, to the Northerly shoreline of the Minnesota River, and said line there terminating. Line B: Commencing at the Northwest corner of said Government Lot 1; thence on an assumed bearing of South 88 degrees 52 minutes 24 seconds East along the North lines of said Government Lots 1 and 2 a distance of 1750.00 feet to the point of beginning of the line to be described; thence South 0 degrees 10 minutes West, 1500 feet, more or less, to the Northerly shoreline of the Minnesota River, and said line there terminating. Parcel 3: The East 25 feet of the West 1210 feet of the North 910 feet of Government Lot 1, Section 36, Township 116 North, Range 22 West. After Final Plat: Lots 1-10 and Outlots A, B, and C, Bellerieve EXHIBIT B DEVELOPMENT AGREEMENT—BELLERIEVE Sheet 1—Cover Sheet dated 10/31/12 by Campion Engineering Services, Inc. Sheet 2— Sheet 2—Preliminary Plat dated 11/20/12 by Campion Engineering Services, Inc. Sheet 3—Preliminary Plat dated 10/31/12 by Campion Engineering Services, Inc. Sheet 4—Preliminary Sanitary Sewer&Watermain Plan dated 10/31/12 by Campion Engineering Services, Inc. Sheet 5—Preliminary Street& Storm Sewer dated 10/31/12 by Campion Engineering Services, Inc. Sheet 6—Preliminary Grading&Drainage Plan dated 10/31/12 by Campion Engineering Services, Inc. Sheet 7—Preliminary Storm Water Pollution Prevention plan dated 10/31/12 by Campion Engineering Services, Inc. Sheet 8—Tree Inventory dated 10/31/12 by Campion Engineering Services, Inc. Sheet 9—Tree Inventory List dated 10/31/12 by Campion Engineering Services, Inc. Sheet 10—Preliminary Landscape Plan dated 10/31/12 by Campion Engineering Services, Inc. Sheet 11--Details dated 10/31/12 by Campion Engineering Services, Inc. EXHIBIT C DEVELOPMENT AGREEMENT—BELLERIEVE 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 the per lot cash park fees as to all of the Property required by City Code in effect as of the date of the issuance of each building permit for construction on the Property. IV. If Developer fails to proceed in accordance with this Agreement within twenty-four (24) months of the date hereof, Developer, for itself, its successors, and assigns, shall not oppose the City's reconsideration and rescission of any Rezoning, Site Plan review and/or Guide Plan review approved in connection with this Agreement, thus restoring the status of the Property before the Development Agreement and all approvals listed above were approved. V. Provisions of this Agreement shall be binding upon and enforceable against the Property and the Owners, their successors and assigns of the Property. VI. The Developer hereby irrevocably nominates, constitutes, and appoints and designates the City as its attorney-in-fact for the sole purpose and right to amend Exhibit A hereto to identify the legal description of the Property after platting thereof. VII. Developer represents that it has marketable fee title to the Property, except: INSERT ANY NAME/COMPANY LISTED IN ANY OWNER'S SUPPLEMENT TO THE DEVELOPER'S AGREEMENT) With respect to any interest in all portions of the Property which Developer is required, pursuant to this Agreement, to dedicate or convey to the City (the "Dedicated Property"), Developer represents and warrants as follows now and at the time of dedication or conveyance: A. That Developer has marketable fee title free and clear of all mortgages, liens, and other encumbrances. Prior to final plat approval, Developer shall provide to the City a current title insurance policy insuring such a condition of title. B. That Developer has not used, employed, deposited, stored, disposed of, placed or otherwise allowed to come in or on the Dedicated Property, any hazardous substance, hazardous waste, pollutant, or contaminant, including, but not limited to, those defined in or pursuant to 42 U.S.C. § 9601, et. seq., or Minn. Stat., Sec. 115B.01, et. seq. (such substances, wastes, pollutants, and contaminants hereafter referred to as "Hazardous Substances"); C. That Developer has not allowed any other person to use, employ, deposit, store, dispose of, place or otherwise have, in or on the Property, any Hazardous Substances. D. That to the best of Developer's knowledge, without independent inquiry, no previous owner, operator or possessor of the Property deposited, stored, disposed of, placed or otherwise allowed in or on the Property any hazardous substances. Developer agrees to indemnify, defend and hold harmless City, its successors and assigns, against any and all loss, costs, damage and expense, including reasonable attorneys fees and costs that the City incurs because of the breach of any of the above representations or warranties and/or resulting from or due to the release or threatened release of Hazardous Substances which were, or are claimed or alleged to have been, used, employed, deposited, stored, disposed of, placed, or otherwise located or allowed to be located, in or on the Dedicated Property by Developer, its employees, agents, contractors or representatives. VIII. Developer acknowledges that Developer is familiar with the requirements of Chapter 11, Zoning, and Chapter 12, Subdivision Regulations, of the City Code and other applicable City ordinances affecting the development of the Property. Developer agrees to develop the Property in accordance with the requirements of all applicable City Code requirements and City Ordinances. IX. Prior to release of the final plat, Developer shall pay to City fees for the first three (3) years' street lighting on the public streets adjacent to the Property (including installation costs, if any, as determined by electrical power provider), engineering review, and street signs. X. Developer shall submit detailed water main, fire protection, and emergency vehicle access plans to the Fire Marshal for review and approval. Developer shall follow all the recommendations of the Fire Marshal. XI. Developer acknowledges that the rights of City performance of obligations of Developer contemplated in this agreement are special, unique, and of an extraordinary character, and that, in the event that Developer violates, or fails, or refuses to perform any covenant, condition, or provision made herein, City may be without an adequate remedy at law. Developer agrees, therefore, that in the event Developer violates, fails, or refuses to perform any covenant, condition, or provision made herein, City may, at its option, institute and prosecute an action to specifically enforce such covenant, withhold building permits or rescind or revoke any approvals granted by the City. No remedy conferred in this agreement is intended to be exclusive and each shall be cumulative and shall be in addition to every other remedy. The election of anyone or more remedies shall not constitute a waiver of any other remedy. XII. Developer shall, prior to the commencement of any improvements, provide written notice to Comcast of the development contemplated by this Development Agreement. Notice shall be sent to Comcast Cable, 9705 Data Park, Minnetonka, Minnesota 55343. 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. The existing irrigation well located on Lot 4 shall remain operational. 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. Except for the intentional acts of the City or its employees and contractors, 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. In any event Developer shall not be entitled to recover punitive, special or consequential damages. XVIII. Prior to issuance of the first building permit for the Property, Developer shall permanently demarcate the location of the boundary of the conservation easement on each lot property line or corner with permanent four-foot tall posts. A 2 1/2 by 6 inch sign or decal reading "Scenic/Conservation Easement Boundary, City of Eden Prairie", will be affixed to the top of the post. XIX. Within 10 days of the approval of the Development Agreement, the Developer shall record the Development Agreement at the County Recorder and / or Registrar of Titles. The final plat shall not be released until proof of filing of the Development Agreement is submitted to the City. XX. The City is hereby granted the option, but not the obligation, to complete or cause completion in whole or part of all of the Developer's obligations under this Agreement for which a bond, letter of credit, cash deposit or other security (hereinafter referred to as the "Security") is required if the Developer defaults with respect to any term or condition in this Agreement for which Security is required and fails to cure such default(s) within thirty (30) 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 thirty(30) 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 ten (10) business days written 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. During the development phase of the Property and for purposes of Wetland monitoring for the two (2) year period following the completion of development, 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. EXHIBIT E DEVELOPMENT AGREEMENT - BELLERIEVE TRAIL EASEMENT ("Grantor") hereby grants and conveys this day of , 2012, to City of Eden Prairie ("Grantee") an easement ("Easement") for the following uses and purposes and subject to the following terms and conditions on, over, under, and across under real property in the County of Hennepin, State of Minnesota, described in Exhibit A attached and made a part here of. ("Easement Parcel") 1. Uses and Purposes. The Easement shall be for the following purposes and uses of the Easement parcel: A. To construct, maintain and replace a trail within a twenty foot wide corridor within the Easement Area; B. For travel by the public, on foot, and in or on non-motorized vehicles, including but not limited to, bicycles, skis, strollers (including motorized strollers or wheelchairs), and skates; C. For travel by motorized vehicles operated by the City or its contractors and used to maintain, patrol or for trail inspection of the Easement Area; D. To remove, cut and trim trees, shrubs and vegetation required to construct and maintain the trail. 2. Nonexclusive. The Easement shall be nonexclusive. 3. Duration of Easement. The Easement shall be perpetual, shall run with the land and shall be binding upon Grantor and Grantor's heirs, successors and assigns and shall be for the benefit of Grantee, its successors and assigns. 4. Grantor covenants that Grantor is the record Fee Owner of the Easement Parcel, holds the legal and equitable title thereto, free and clear of all mortgages, liens and encumbrances, except the holder(s) of which has/have agreed in writing to the Easement pursuant to the attached consent(s) and has lawful right and authority without restriction to grant and convey the Easement. IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. CITY OF EDEN PRAIRIE By Nancy Tyra-Lukens Its Mayor By Rick Getschow Its City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2012, by Nancy Tyra-Lukens and Rick Getschow, respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. Notary Public Bellerieve Development, Inc. By — Its STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2012, by , the , of Bellerieve Development, Inc., a Minnesota corporation, on behalf of the corporation. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 EXHIBIT F DEVELOPMENT AGREEMENT—BELLERIEVE CONSERVATION/SCENIC EASEMENT THIS EASEMENT AGREEMENT is made this day of , 2012 by and between Bellerieve Development, Inc., a Minnesota corporation, hereinafter referred to as "Grantor," and the CITY OF EDEN PRAIRIE, a Minnesota municipal corporation, hereinafter referred to as "City"; WHEREAS, Grantor is the fee owner of land located in Hennepin County, Minnesota, more fully described in Exhibit A, attached hereto and made a part hereof, and said land hereinafter referred to as "the Property"; and, WHEREAS, Grantor has marketable title to the Property, free and clear of all liens, mortgage, and encumbrances, except: WHEREAS, Grantor and City wish to enter into an agreement which will grant to the City a conservancy/scenic easement for conservation and preservation of the terrain and vegetation, and to prohibit certain destructive acts thereon, over that portion of the Property as described in Exhibit B, hereinafter referred to as the "Easement Area", attached hereto; NOW, THEREFORE, in consideration of the premises contained herein, it is agreed by the parties as follows: 1. Grantor hereby conveys to City and its successors and assigns a conservation and scenic easement in, under, on, and over the "Easement Area", and City hereby accepts such conveyance. 2. The following terms and conditions shall apply to the Easement Area: A. The Easement Area shall be preserved predominantly in its natural condition. No trees, shrubs or other vegetation shall be planted or removed from the Easement Area without the prior written consent of the City, except for the removal of diseased or fallen trees and the removal of noxious weeds, shrubs and plants all in accordance with a multi-year Vegetation Management Plan prepared and submitted by Grantor and approved by the City. No unauthorized vegetation cutting, fertilizer application or placement of turfgrass, such as Kentucky bluegrass, shall occur within the Easement Area. B. No building, road, sign, billboard, utility, or other structures shall be placed in the Easement Area without the prior written consent of City. C. No trash, waste, or other offensive material, soil, or landfill shall be placed upon or within the Easement Area without the prior written consent of the City. D. No change in the general topography of the Easement Area landscape, including, but not limited, to excavation, dredging, movement, and removal or placement of soil, shall be allowed within the Easement Area without the prior written consent of the City. E. Grantor may, no more than once per calendar year, remove sediment caused by stormwater drainage into a stormwater ponding area. Any removal of sediment must be pre-approved in writing by the City and be in accordance with City and Wetland Conservation Act guidelines. Landscaping must be replaced in accordance with the requirements outlined in this Conservation Easement. F. Notwithstanding the prohibitions contained herein, a path across and gazebo area on the Easement Area may be constructed in the general area depicted on the attached drawing, subject to the following restrictions: i. The path may be no wider than eight(8) feet. ii. The path may have up to a two (2) foot maintenance strip on either side of the path. iii. The path may traverse a width of no more than sixteen (16) feet in width as it proceeds from beginning to end. iv. The path may include mowed grass. v. The path may not remove significant trees. vi. The path may not have side rails, unless required by building code. vii. The path may have steps and/or a lift built where the grade of the path exceeds fifteen percent (15%), providing it is not filling a wetland area. Construction materials must be of composite, treated lumber, plastic or cedar or other materials approved by City. Post and beam sizing as well as rise, run and landing requirements shall be as required by building code. viii. The gazebo area shall have a radius of no greater than twenty five feet (25). The gazebo area may contain benches and other wooden structures to provide temporary shelter from the elements. No filling of wetlands for construction of the path or gazebo area is allowed. The path and gazebo area construction is subject to the following restrictions: i. Where the path does not cross a wetland area, the path may be covered in wood chips, but not improved with any other material. ii. Where the path does cross a wetland area, the path must be raised boardwalk. iii. Boardwalks and dock sections within wetland areas shall be a minimum of six (6) inches above the ground and must be constructed of composite, treated lumber, plastic or cedar. Post and beam sizing and spacing shall be as required by building code 3. With respect to the Easement Area, Grantor represents and warrants as follows: A. That Grantor has marketable title free and clear of all liens, encumbrances and mortgages. B. That Grantor has not used, employed, deposited, stored, disposed of, placed or otherwise allowed to come in or on the Easement Area, any hazardous substance, hazardous waste, pollutant, or contaminant, including, but not limited to, those defined in or pursuant to 42 U.S.C. § 9601, et. seq., or Minn. Stat., Sec. 115B.01, et. seq. (such substances, wastes, pollutants, and contaminants hereafter referred to as "Hazardous Substances"); C. That Grantor has not allowed any other person to use, employ, deposit, store, dispose of, place or otherwise have, in or on the Easement Area, any Hazardous Substances; D. That, to the best of Grantor's knowledge, without independent inquiry, no previous owner, operator or possessor of the Easement Area deposited, stored, disposed of, placed, or otherwise allowed in or on the Easement Area any Hazardous Substances. Grantor agrees to indemnify, defend and hold harmless City, against any and all loss, costs, damage and expense, including reasonable attorneys fees and costs that City incurs because of the breach of any of the above representations or warranties and/or resulting from or due to the inaccuracy or falsity of any representation or warranty herein. 4. Grantor agrees to permanently demarcate the location of the boundaries of the wetland and wetland buffer strip as shown on Exhibit C. The monuments shall be permanent steel channel posts that are a minimum of 2.25 inches wide and 6 feet 6 inches long (2.25"x 6.5'). The sign shall be a minimum of 3 inches by 8 inches (3" x 8") that shall be mounted flush with the top of the post and shall include the statement "Wetland Buffer: No Mowing Allowed or "Scenic/Conservation Easement Boundary, City of Eden Prairie". The post shall be mounted to a height of four feet above grade and at least 2.5 feet in the ground. Removal of the wetland buffer strip monuments is not allowed. 5. Grantor agrees to maintain the Easement Area subject to the provisions stated herein. 6. The duration of this easement is perpetual and shall bind and inure to the benefit of the parties, their successors, and assigns. 7. Nothing contained herein shall impair any right of City now held or hereafter acquired to construct or maintain public utilities in or on the Easement Area. 8. Provisions of this Easement shall be binding upon and enforceable against the Property and the Grantor, their successors and assigns of the Property. IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. CITY OF EDEN PRAIRIE By Nancy Tyra-Lukens Its Mayor By Rick Getschow Its City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2012, by Nancy Tyra-Lukens and Rick Getschow, respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. Notary Public Bellerieve Development, Inc. By — Its STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2012, by , the , of Bellerieve Development, Inc., a Minnesota corporation, on behalf of the corporation. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 EXHIBIT A "THE PROPERTY" Legal Description Before Final Plat Legal Description After Final Plat EXHIBIT B "EASEMENT AREA" Legal Description Before Final Plat Legal Description After Final Plat EXHIBIT C "EASEMENT AREA" DIAGRAM CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar November 20, 2012 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.T. Randy L. Slick Final Plat Report of Bellerieve Public Works /Engineering Requested Action Move to: Adopt the resolution approving the final plat of Bellerieve. Synopsis This proposal is for the plat located at 10701 Riverview Road. The plat consists of 21.5 acres to be platted into ten single family lots, three outlots and right of way dedication for street purposes. Background Information The preliminary plat was approved by the City Council on October 16, 2012. Second reading of the Rezoning Ordinance and final approval of the Developer's Agreement will be completed on November 20, 2012. Approval of the final plat is subject to the following conditions: • Receipt of engineering fee in the amount of$650.00. • Receipt of street lighting fee in the amount of$2,673.00. • Receipt of street sign fee in the amount of$680.85. • The requirements as set forth in the Developer's Agreement. • Satisfaction of bonding requirements for the installation of public improvements. • Provide a list of areas (to the nearest square foot) of all lots, outlots and right-of-ways certified by surveyor. • Prior to release of the final plat, Developer shall provide to the City a current title insurance policy. • Prior to release of the final plat, Developer shall tender a warranty deed for proposed Outlots A, B and C for review and approval by the Director of Parks and Recreation Services. • Prior to release of the final plat, Developer shall execute the Special Assessment Agreement for trunk utility improvements in the amount of$49,640.85. • Prior to release of the final plat, Developer shall submit a Conservation Easement for review and approval by the Director of Parks and Recreation Services. • Prior to the release of the final plat, Developer shall record and provide proof of filing the Development Agreement at the county Recorder and/or Registrar of Titles. • Revision to plat shall include drainage and utility easements over proposed pond and the access to the pond. • Revision to plat shall include a 20 foot drainage and utility easement between lots 7 and 8 for the proposed storm sewer. • Revision to plat shall include an expanded drainage and utility easement over the Conservation Easement area of lots 4, 5 and 6. • Revision to plat shall include revised widths to Outlots A, B and C. Review and approval by the Director of Parks and Recreation Services. Attachments • Resolution • Drawing of final plat CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2012- A RESOLUTION APPROVING FINAL PLAT OF BELLERIEVE WHEREAS,the plat of Bellerieve has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder; and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE,BE IT RESOLVED by the Eden Prairie City Council: A. Plat approval request for Bellerieve is approved upon compliance with the recommendation of the Final Plat Report on this plat dated November 20, 2012. B. That the City Clerk is hereby directed to supply a certified copy of this resolution to the owners of the subdivision of the above named plat. C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the Eden Prairie City Council on November 20, 2012. Nancy Tyra-Lukens, Mayor ATTEST: SEAL Kathleen Porta, City Clerk k BELLERIEVE R.T. DOC. NO. C.R. DOC. NO. KNOW ALL PERSONS BY THESE PRESENTS: That 6G Ranch, LLC, a Minnesota limited liability company, owner and proprietor of the following described property situated in the County of Hennepin, State of Minnesota, to wit: EDEN PRAIRIE, MINNESOTA That part of the following described property: This plat of BELLERIEVE was approved and accepted by the City Council of Eden Prairie, Minnesota, at a regular meeting thereof held this ____ day of . 20__. If applicable, the written comments and recommendations of the Commissioner of Transportation and the County Highway Engineer have Par I: been received by the City or the prescribed 30 day period has elapsed without receipt of such comments and recommendations, as provided by Minn. Statutes, Section 505.03, Subd. 2. Government Lot 2, Section 36, Township 116, Range 22, also that part of Government Lot I of said Section 36, described as beginning on the Northerly shoreline of the Minnesota River at a point 815.00 feet East of the West line of said Government Lot 1; thence North and parallel with the West line of said Government Lot 1 to a point CITY COUNCIL OF EDEN PRAIRIE, MINNESOTA 910.00 feet South of the North line of said Government Lot 1; thence East and parallel with the North line of said Government Lot 1 a distance of 395.00 feet; thence North and parallel with the West line of said Government Lot 1, a distance of 910.00 feet to the North line of said Government Lot I; thence East long said North line to the Northeast corner of said Government Lot 1; thence South along the East line of said Government Lot 1 to the shoreline of the Minnesota River; thence Westerly along said By , Mayor By , City Manager shoreline to the point of beginning. Which lies Westerly of the following described line: Commencing at the Northwest corner of said Government Lot 1; thence on an assumed bearing of South 88 degrees 52 minutes 24 seconds East along the north lines of said Government Lots 1 and 2 a distance of 1699.67 feet to the point of beginning of the line to be described; thence South 0 degrees 10 minutes West, 910.00 feet; thence South 38 degrees West, 630.00 feet, more or less, to the northerly shoreline of the Minnesota River and said line there terminating. Par 2: That part of Government Lots 1 and 2 in Section 36, Township 116, Range 22, which lies Easterly of the following described Line A and its extensions and Westerly of the following described Line B and its extensions: Line A: Commencing at the Northwest corner of said Government Lot I; thence on an assumed bearing of South 88 degrees 52 minutes 24 seconds East along the North lines of said Government Lots 1 and 2 a distance of 1699.67 feet to the point of beginning of the line to be described; thence South 0 degrees 10 minutes West, 910.00 TAXPAYER SERVICES DEPARTMENT, Hennepin County, Minnesota feet; thence South 38 degrees West, 630.00 feet, more or less, to the Northerly shoreline of the Minnesota River, and said line there terminating. Line B: Commencing at the Northwest corner of said Government Lot 1; thence on an assumed bearing of South 88 degrees 52 minutes 24 seconds East along the North I hereby certify that taxes payable in 20___ and prior years have been paid for land described on this plat, dated this day of , 20___. lines of said Government Lots 1 and 2 a distance of 1750.00 feet to the point of beginning of the line to be described; thence South 0 degrees 10 minutes West, 1500 feet, more or less, to the Northerly shoreline of the Minnesota River, and said line there terminating. Parcel 3: Mark V. Chapin, County Auditor BY: Deputy The East 25 feet of the West 1210 feet of the North 910 feet of Government Lot 1, Section 36, Township 116 North, Range 22 West. Have caused the same to be surveyed and platted as BELLERIEVE and do hereby donate and dedicate to the public for public use forever the public ways and the easements for drainage and utility purposes as shown on this plat. In witness whereof said 6G Ranch, LLC, a Minnesota limited liability company, has caused these presents to be signed by its proper officer this day of , 20___. SURVEY DIVISION, Hennepin County, Minnesota Pursuant to Minnesota Statutes, Sec. 383B.565 (1969), this plat has been approved this day of , 20___. 6G Ranch, LLC SIGNED: its William P. Brown, County Surveyor BY: STATE OF MINNESOTA COUNTY OF The foregoing instrument was acknowledged before me this day of , 20___, by the of said 6G Ranch, LLC, a Minnesota limited liability company, on behalf of said company. Notary Public, County, Minnesota My Commission Expires REGISTRAR OF TITLES, Hennepin County, Minnesota I hereby certify that the within plat of BELLERIEVE was filed in this office this day of , 20___ at o'clock __.M. Rachel Smith, Registrar of Titles BY: Deputy 1, Leonard F. Carlson, do hereby certify that this plat was prepared by me or under my direct supervision; that I am a duly Licensed Land Surveyor in the State of Minnesota; that this plat is a correct representation of the boundary survey; that all mathematical data and labels are correctly designated on this plat; that all monuments depicted on this plat have been or will be correctly set within one year; that all water boundaries and wet lands as defined in Minnesota Statutes, Section 505.01, Subd. 3, as of the date of this certificate are shown and labeled on this plat; and all public ways are shown and labeled on the plat. Dated this day of , 20___. 4?N( a0 ‘ ‘i\A/ Leonard F. Carlson, Licensed Land Surveyorew Minnesota License No. 44890 61, \/ ,s0 COUNTY RECORDER, Hennepin County, Minnesota '? dC I hereby certify that the within plat of BELLERIEVE was recorded in this office this ____ day of , 20___ at o'clock __.M. STATE OF MINNESOTA COUNTY OF HENNEPIN Rachel Smith, Acting County Recorder BY: Deputy This instrument was acknowledged before me this day of , 20___, by Leonard F. Carlson. c..,‘)(?).) ... Notary Public, County, Minnesota My Commission Expires LAND SURVEYING SHEET 1 OF 2 SHEETS ' 1 k -O , E 1/4 CORNER OF SEC. 36, - - TWP. 116, RGE. 22 ,, ..m...t FOUND CIMBELLERIEVE R.T. DOC. NO. , C.R. DOC. 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N �� / 267.48 , ,/_ 58.19-� , , , , SET AND MARKED WITH PLS NO. 44890 Z h I N N") I I 5u \ 1 \I -\• �� I // ^. - 4/.80 C N o N I 1 NI I°N II ^O N F ``' '--- 1 // 263.33 ,, 60.82H'' ,, so°l/'081'€'' ` ® DENOTES FOUND HENNEPIN COUNTY CAST IRON aN N I r�opl I z / I C) a I W I ` o. ------_ I / Z I I ' MONUMENT 1/ ar �u Zw �u w 1I I aN �E LINE OF �---- 1 / o I � ) W Z 1� I <Q w w GOV'T LOT I ` 1 / o I BEARINGS OR DISTANCES IN BRACKETS INDICATE I o - Q J o wN �I I za Cr) c� It \I'I/ o f I I RECORD BEARINGS OR DISTANCES L XJ Z ~O \ O' ��CO I Z H °n (wj W Z J Ili 6' 1 (/ ) O 1- -2i Z H ZI I Z I- i 0~ I r�l I I Ifj FOR THE PURPOSES OF THIS PLAT THE WEST O- I I oD Q J 114 _ o a w Z I rn N I- LINE OF GOVERNMENT LOT 1, SECTION 36, (' ) z h � 'I\ r__�� I I o o N"' /h\ > Irn N o-JAf I ' Q o w NO°06S4 TOWNSHIP 16, RANGE 22 IS ASSUMED TO BEAR -L_ 66 - NNW I\ r \\ �/ ►� \\ E LINE OF THE o ,, a N � w �I- (0 < � i Od' ai 1 \ \\ I �/ II ,N�I \ /-W 1210 FT OFN I� w I I I Irn '`Qwc°°o C ,/ -- 1 j d II 11 \\ IJ I \\ 1'I 2\I I \\ \\ ° GOV'T LOT I o r I - 0 co 1 ) I w o O U a:I II I I � Z 'o w�O> I , , I \ \ 1 I I \ \ NO o6 43 E [910.00] 910.14 MEAS. �( - I 37._9/. „�% /27.33 -�n \ /07.33 /00.07 53Z50 ,n ---- - I > I I I -66- i i '1 \ t LI J FI . �O'.� ��, �`, o / N I 0 BENCHMARK rYJ N \ NO°06 '43"E 9/0Li] . 14 7 ; o� Q / I / _ �, I; Top of nail in the southwest quadrant of 0 LIJ I / , °�^ w I Riverview Road and Sonoma Ridge. o I- - co O �o h (� = Q 1 Elevation833.34 feet �= d < i 'fin_-I I /1n I ' C" r_-�•TATr_- `'' �O z I I I- - \ L L_L_L_ \//-\I \ .� L_.� I /-\ I L_ �P I ' 1-- I I /-\ A I</ • r_- •T A T I_- I\ I r� A r� r� N 1 � o I �� - (it) -7 A T I I A n n N I L� L_L_L_ \J/-\f \ `: L_`: I /-\ I L_ I N V /-\LJ LJ I N ���\ y> nl 1 I w I I I L fi I r 1 �\Li Li I N ( \ oZiji� Q LJ [] co !III / II Jc� \ (0 / ‘ II \ cc(cci7 I 1 ( �� _�/ I \ I w / - v / So 7 \ i'o < r -,- o / \ ( 1 7 \ -.03 _,_ c) N N \ N _ a z o wI / \\ �, / I ktj 1 Drainage and utility easements are shown thus: I LI ) V- \ 0 � ��N� / \ ,�/ I 11 w -J / ��N� / \ °oN 1� �I � 5 wN / \ to 5 N I J / i wa�0 / \ �/ I lin 0 / to (YJ o J � ow_Jo> // \\ 1 / z v , , / waow \ / I 1_ o I ' / O 1- w o 0 \ _ �N M O �J �� / � I O !n~ N J 1 �(j / 1 'n / ~� 1 • -ow Irn -/ / / �� I°0 7 O ocK CO / / Ir/ I Z w 1 z = Being5 feet in width, unless otherwise indicated, / o J 1-�_ // a? 1i and adjoininglot lines, and 10 feet in width and / rn/ / Q �- // ow I J o� Io I adjoining right-of-way lines, as shown on the plat. • Z< U- / / QQ I J= u)N 1 JdOH (o / oW O W� ^N I // ; I z F I U- F- II / i1/ aJ O� Jt I 1 / i / CV /-� ://11 OO jCO J (0I // IW/ Il_nW- _ I / 0� Z< p- I ' O� / 4> a/ o��j WQ W I L`Ia z 1- ' / Gj``^ cO� / I =CL O I- II =O I CD \ ;; // 353.32 / �l' / f I\ I o z / I `:; 201.26 •; /2/.66 _ 55'/- v=i Z NO°06'43"E 5307 w Z� '� �-I I /1 A I�.\. �-.-.TAT - � L•) L_L_L_ \J/-\1 \`. L_.� I fl\ I L_ '' r- I I n A I,.' ^ r-C"T A T r_- -7 T I I A rl r\ N I 60 0 60 120 L, L_ L_L_ �//-\ C \ .� L_.3 I /-\ I L_ / I r 1 /-\ V V I N fiT�� /1 I A\LJ LJ iNv \ �- / ..IL \ SCALE IN FEET I I W 1/4 CORNER OF SEC. 36, - W LINE OF GOV'T LOT I _ FOUND MC21 , I ; suNDE TWP. 116, RGE. 22 ALSO / / FOUND CIM \ %; i- NW CORNER OF GOV'T LOT I / / FOUND CIM / NO°06'43"E 1542.13 LAND SURVEYING SHEET 2 OF 2 SHEETS I CITY COUNCIL AGENDA DATE: SECTION: Public Hearing November 20, 2012 DEPARTMENT/DIVISION: ITEM DESCRIPTION: Vacation 12-07 ITEM NO.: IX.A. Denise Christensen Vacation of a Part of the Drainage and Utility Easements over Lot 1, Block 1 and Public Works/Engineering Outlot B, Eden Bluff Highlands 2nd Addition, Hennepin County, Minnesota Requested Action Move to: • Close the public hearing; and • Adopt the resolution vacating a part of the drainage and utility easements lying over,under and across Lot 1, Block 1 and Outlot B, EDEN BLUFF HIGHLANDS 2ND ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota. Synopsis The property owner has requested the vacation of a part of the drainage and utility easements due to relocation of storm sewer originally covered by the easements and the dedication of new easements to cover the relocated storm sewer. Background Information The drainage and utility easements to be vacated were originally dedicated with the plat of Eden Bluff Highlands 2nd Addition to cover storm sewer. In order to accommodate a new building on an adjacent lot, the existing storm sewer has been relocated. New drainage and utility easements have been dedicated by the property owner to cover the relocated storm sewer. Attachments • Resolution • Location Map • Site Plan • Published Notice • Notification List CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2012- NOTICE OF VACATION OF A PART OF THE DRAINAGE AND UTILITY EASEMENTS LYING OVER, UNDER AND ACROSS LOT 1, BLOCK 1,AND OUTLOT B, EDEN BLUFF HIGHLANDS 2ND ADDITION VACATION 12-07 WHEREAS, the City of Eden Prairie has (a) certain Drainage and Utility Easement described as follows: That part of a 20 foot wide Drainage and Utility Easement as dedicated within Lot 1, Block 1, EDEN BLUFF HIGHLANDS 2ND ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota, the centerline of which is described as follows: Commencing at the most northerly corner of said Lot 1; thence South 71 degrees 30 minutes 41 seconds East, assumed bearing along the northerly line of said Lot 1, a distance of 196.84 feet to the intersection of the centerline of a Drainage and Utility Easement as dedicated on said plat and the actual point of beginning of the centerline to be described; thence South 18 degrees 05 minutes 39 seconds West, along said centerline, a distance of 60.13 feet; thence North 76 degrees 01 minutes 48 seconds West, a distance of 230.24 and said centerline there terminating. Excepting therefrom, the northerly 5 feet of said Lot 1. Together with: That part of a 20 foot wide Drainage and Utility Easement as dedicated within Outlot B, EDEN BLUFF HIGHLANDS 2ND ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota, the centerline of which is described as follows: Commencing at the most northerly corner of said Outlot B; thence South 71 degrees 30 minutes 25 seconds East, assumed bearing along the northerly line of said Outlot B, a distance of 160.33 feet to the intersection of the centerline of a Drainage and Utility Easement as dedicated on said plat and the actual point of beginning of the centerline to be described; thence South 18 degrees 05 minutes 39 seconds West, along said centerline, a distance of 92.75 feet to the southerly line of said Outlot B and said centerline there terminating. The side lines of said strip are to be prolonged or shortened to terminate at said northerly and southerly lines of Outlot B. WHEREAS, a Public H earing was held on Novem ber 20, 2012 after due notice was given to affected property owners and published in accordance with M.S.A. 412.851; and WHERAS, the Council has been advised by City Staf f that the proposed vacation of the above described Drainage and Utility Eas ement has no rela tionship to th e comprehensive municipal plan; and WHEREAS, it has been determined that the said Drainage and Utility Easement is not necessary and has no interest to the public, therefore, should be vacated; and NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows: 1. Said Drainage and Utility Easement as described above is hereby vacated. 2. The City Clerk shall prepare a Notice of Comp letion of Proceedings in accordance with M.S.A. 412.851. ADOPTED by the Eden Prairie City Council on November 20, 2012. Nancy Tyra-Lukens, Mayor ATTEST: SEAL Kathleen Porta, City Clerk _........, )) TRA k O O 0 L__________________ CNq moo. 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EASEMENT VA CA T/ON SKETCH EASEMENT VACA770N DESCRIP77ON: That part of a 20 foot wide Drainage and Utility Easement as dedicated within Outlot B, EDEN BLUFF HIGHLANDS 2ND ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota, the centerline of which \S7�OSO, � is described as follows: 4' ae "' Commencing at the most northerly corner of said Outlot B; thence r7^�� South 71 degrees 30 minutes 25 seconds East, assumed bearing `-'1.�,4, along the northerly line of said Oultot B, a distance of 160.33 feet to \\ 869 68 i4?� the intersection of the centerline of a Drainage and Utility Easement N7go0� V'iv , as dedicated on said plat and the actual point of beginning of the 9 4p•E_ _ centerline to be described; thence South 18 degrees 05 minutes 39 seconds West, along said centerline, a distance of 92.75 feet to the S,1O54�0'£6j\ /�\�— 225.49 Thesidehlliines of said strip ar line of said e to be prolonged centerline shot shortened to Itearminate 2a22>=>� >_— \\ \ at said northerly and southerly lines of Outlot B. 90 crv��V, / / / / � A9. \ 1/ / l 11 Scale: 1"_ 100 feet / l <c�c_,c-P 11 1 N S o / / l , . `�00 'T, Al / / /�M , N h/ P r r7 �/ /l // /l� r77t�/,4 n co �� ,Q / / ,l /1 n��ir� r l l �.Q�. \��0 ao co/ / i- most northerly corner yof / 2 \ �� ��O Outlet B, EDEN BLUFF / C� / I \HIGHLANDS 2ND ADDITION northerly line of Outlet B, / / \0 //// / EDEN BLUFF HIGHLANDS 2ND / =\S 1O / l i ADDITION I / / r. - 30,2 .f\ I l v\ \\ 3 1 P /— -53.173 S2 1 e •� 339.60 `� A = 18°48'56" �Vo\� \a CP V>A / \\\ L= 38.59 R= 117.50 �J i�, �'S17°30'41 __o, / !X'7 N89°40'39"E 407.87 N \ / \1 H6'84 l 0 6°19'07 �\ REQUESTED BY. 5 ZN B A = 10°29'42" L= °19' e\ X' P cp �91�N —�� 3g2 OUTLOT o = 18°48'52" L= 57.24_„\,\ \ \ �'_sr C.H. ROBINSON WORLDWIDE, INC. 6. / 2 \� \ / 63 R= 312.50 46'EN\ C9 9 �%L= 69.78 R= 212.50 A I N79°10 _ / �/ / \\ \ I\� N89°40'28"E(71 V�748 917v V �.— A15.58' / 1 .C - - n weslwood Professional Services,Inc i 5534/1 �� r-nI" INS ji di--Li" A 0r,yr_ i \NI / �� 11V Eden Prairie. - - LJ l U l y PHONE sse ea,s,so C.Li L" ^I n n I FAX ssz.ea,.s,zz I/ ( TOWHEE ,-eeeaa,c,so �/vL/ - southerly line of Outlot B, II I NC i EDEN BLUFF HIGHLANDS 2ND O Westvvood ww�wmood ADDITION N 0 > i LOT 1 BLOCK 1 di , 1, Drawn by: Dote: Job No: MS I 8/15/12 20051028.10 20051028.10SKF02.dwg VACATION 12-07 NOTICE OF VACATION OF A PART OF THE DRAINAGE AND UTILITY EASEMENTS LYING OVER,UNDER AND ACROSS LOT 1,BLOCK 1,AND OUTLOT B, EDEN BLUFF HIGHLANDS 2ND ADDITION Notice is hereby given that a public hearing will be held before the Eden Prairie City Council at the Eden Prairie City Hall, 8080 Mi tchell Road, Eden Prairie, Minnesota, on November 20, 2012 a t 7:00 p.m. to hear all persons present upon the proposed vacation of drainage and utility easements described as follows: That part of a 20 foot wide Drainage and Utility Easement as dedicated within Lot 1, Block 1, EDEN BLUFF HIGHLANDS 2ND ADDITION, according to the recorded plat thereof, Hennepin County,Minnesota,the centerline of which is described as follows: Commencing at the most northerly corner of said Lot 1; thence South 71 degrees 30 minutes 41 seconds East, assumed bearing along the northerly line of said Lot 1, a distance of 196.84 feet to the intersection of the centerline of a Drainage and Utility Easement as dedicated on said plat and the actual point of beginning of the centerline to be described; thence South 18 degrees 05 minutes 39 seconds West, along said centerline, a distance of 60.13 feet; thence North 76 degrees 01 minutes 48 seconds West, a distance of 230.24 and said centerline there terminating. Excepting therefrom,the northerly 5 feet of said Lot 1. Together with: That part of a 20 foot wide Drainage and Utility Easement as dedicated within Outlot B, EDEN BLUFF HIGHLANDS 2ND ADDITION, according to the recorded plat thereof, Hennepin County,Minnesota,the centerline of which is described as follows: Commencing at the most northerly corner of said Outlot B; thence South 71 degrees 30 minutes 25 seconds East, assumed bearing along the northerly line of said Oultot B, a distance of 160.33 feet to the intersection of the centerline of a Drainage and Utility Easement as dedicated on said plat and the actual point of beginning of the centerline to be described; thence South 18 degrees 05 minutes 39 seconds West, along said centerline, a distance of 92.75 feet to the southerly line of said Oultot B and said centerline there terminating. The side lines of said strip are to be prolonged or shortened to terminate at said northerly and southerly lines of Outlot B. By Order of the City Council Published in the Eden Prairie News on November 1, 2012 NOTIFICATION LIST VACATION REQUEST 12-07 A copy of the Public Hearing Notice has been sent to owners of the following parcels: 2811622410004 2811622420036 2811622430108 2811622440006 A copy of the Public Hearing Notice has been sent to the following Utilities: CenterPoint Energy Century Link Communications Comcast Cable Xcel Energy CITY COUNCIL AGENDA DATE: SECTION: Public Hearing November 20, 2012 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 01-5537 ITEM NO.: IX.B. Rod Rue Order Improvements and Preparation of Public Works/Engineering Plans and Specifications for Eden Prairie Road(South of Riley Creek) Street and Utility Improvements Requested Action Move to: • Close the public hearing; and • Adopt resolution ordering improvements and preparation of plans and specifications for Eden Prairie Road South of Riley Creek Street and Utility Improvements Synopsis This item requires (requires 4/5ths approval). The City Council authorized a feasibility study of street and utility improvements for Eden Prairie Road improvements on October 16, 2001. This project has lingered for years with minimal support from area residents. In January, 2008 a neighborhood meeting was held to discuss the interest and timing of this project. At that time, the general consensus focused on a couple significant issues. The primary issues included delaying the project until demand for developable land returned to the market and waiting for Prospect Road improvements to occur. Prospect Road was needed to help manage traffic during construction of the Eden Prairie Road improvements. Both of these issues have been addressed this year so the timing of this project seems appropriate. Neighborhood meetings were recently held prior to the public hearing. Some of the comments received at the meetings included: • Residents want to see the street layout and preliminary plans • Residents are subsidizing MAC and city share. They already pay high property taxes—why assessments? • They are concerned about traffic, safety and construction issues. • Residents want input on south section improvements—they want connection to CSAH 61 (Flying Cloud Drive) rather than the culdesac option. • Concerned about trail and park access. Based on the Eden Prairie Road South of Riley Creek Feasibility Report, it is determined that the proposed improvements are feasible, cost effective and necessary and the resulting benefit will equal or exceed the proposed assessments to the abutting and benefitting properties. It is therefore recommended that the City Council direct staff to proceed with the project on a schedule similar to the one suggested in the report. Since the City Council authorized the preparation of the feasibility study without a valid petition, all approvals associated with this project will require a 4/5 majority vote. Background Information This area adjacent to Eden Prairie Road south of Riley Creek historically has been an area of five-acre or larger parcels without city utilities or improved streets. In 2005, The Ridge at Riley Creek was approved and city utilities and new streets were constructed to serve that development. This past summer two other developments in the area were approved and are currently under construction. These proposed improvements as outlined in the feasibility report will provide development opportunities for the un-developed parcels, as well as improved street access to the entire area. Attachments Feasibility Report Resolution Letter from Pemtom Land Co., Dated Nov. 14, 2012 CITY OF EDEN PRAIRIE EDEN PRAIRIE ROAD SOUTH OF RILEY CREEK FEASIBILITY REPORT Street and Utility Improvements Improvement Contract No. 01-5537 Prepared by: Assisted by: City of Eden Prairie SEH Inc. Public Works Department 10901 Red Circle Drive Engineering Division Suite 200 8080 Mitchell Road Minnetonka,MN 55343 Eden Prairie,MN 55344-4485 TABLE OF CONTENTS REPORT COVER TABLE OF CONTENTS CERTIFICATION REPORT CONTENT I. INTRODUCTION II. STREET IMPROVEMENTS III. STORM DRAINAGE IMPROVEMENTS IV. SANITARY SEWER AND WATERMAIN IMPROVEMENTS V. PROJECT COST SUMMARY VI. CONCLUSIONS AND RECOMMENDATIONS PUBLIC HEARING NOTICE PROJECT SCHEDULE TABLE NO. 1 -ESTIMATED COSTS PRELIMINARY ASSESSMENT ROLL PROJECT ASSESSMENT AREA MAPS Figure No. 1 STREET IMPROVEMENTS Figure No. 2 STORM DRAINAGE IMPROVEMENTS Figure No. 3 SANITARY SEWER AND WATERMAIN IMPROVEMENTS Page 2 CERTIFICATION f hereby certify that this report was prepared by me or under my direct supervision and that I am a duly registered Professional Engineer under the laws of the State of Minnesota. Rodney W/Rue Reg.No. 16695 dbbev /3, 1- Date I. INTRODUCTION This report presents the results of a preliminary engineering study for street and utility improvements on the segment of Eden Prairie Road fro m approximately Riley Creek southerly to a location approximately 150 feet south of the Eden Prairie Woods development site (south property line of Parcel#22). For purposes of this report, Eden Prairie Road is split into three (3) sections. The northerly section is from approximately Riley Creek to about 250 feet north of Prospect Road(north property line of Parcel#5). The central section is from about 250 feet north of Prospect Road (north property line of Parcel#5) to about 150 feet south of the Eden Prairie Woods development(south property line of Parcel#22). The southerly section is from about 150 feet south of the Eden Prairie Woods development(south property line of Parcel#22)to CSAH 61 (Flying Cloud Drive). The improve ments described in th is report only deal wit h the central and northerly sections. Any improvements on the southerly section will be delayed until adjacent development occurs or a petition for improvements is received. The improvements described in this report will pr ovide development opportunities for the un-developed parcels in the area and provide improved street access to the entire area. The Improvement Area is within Section 29, Township 116,Rang e 22 and generally bounded by Riley Creek and the Metropolitan Urban Service Area(MUSA line)near the bluff adjacent to CS AH 61 (Flying Cloud Drive) as shown on Figure Nos. 1-3. With the number of large parcels in the neighborhood and the recent development activities,this area is a focus for new residential development. The improvements discussed in this report will provide a foundation of transportation and utility infrastructure needed to acco mmodate further development of this residential area. The Eden Prairie City Council ordered the preparation of this feasibility study for the Eden Prairie Road area, south of Riley Creek on Oc tober 16, 2001. This council action was approved without a petition so therefore, any future council action related to this project will require a 4/5ths approval of the City Council. This proposed project has lingered for years with little or no support from the neighboring residents. Most recently on J anuary 10, 2008 a neig hborhood meeting was held to discuss the interest and timing in pursuing this project. At that meeting the following issues and concerns were raised by the majority of attendees: • Desired to defer construction, as well as assessments,until th e demand for developable land returned to the market. • Need for Prospect Road improvements to occur before Eden Prairie Road improvements in order to assist with managing traffic during construction. • Did not want Eden Prairie Road improved until its connection to CSAH 61 (F lying Cloud Drive) can be terminated which requires the completion of Prospect Road for a secondary access. • Questioned the need for trail and sidewalk improvements along the corridor. • Requested an evaluation of potential benefitting units for each parcel. • Supported city's early design efforts to determine impacts to adjoining properties. Subsequent to this meeting and the housing market's dramatic downturn,we contracted with SEH, Inc. to provide detailed preliminary engineering design and recommendations related to adjacent property impacts, coordination with Prospect Road construction, and planning for utility and other infrastructure improvements. We also reviewed residential densities and infrastructure needs relative to recent residential developments in the area. Page 4 The area to be served by these proposed street and utility improvements is guided residential with several development approvals occurring in the past few years. Some of the site development approvals have proceeded to construction while others have not been constructed at this time. Some of the key factors or development approvals that have influenced this report include: • In September 1997,this area was approved by the Metropolitan Council to be added to the City's Municipal Utility Service Area(MUSA). • In July, 2003,the P emtom Land Company received Planned Unit Concept Review on a five -acre parcel in the southwest corner of Eden P rairie Road and Beverly Drive for 9 re sidential lots approved as William Small Property. • In May, 2005,EPIC Development IV received approval for 39 residential lots on 42 acres located west of this seg ment of Eden Prairie Road. This subdivision was platted as The Ridge at Riley Creek and residential construction has been occurring since its approval. • In May 2012, Toll MN received appr oval for 52 lots on 71 acres on the site formerly known as Hennepin Village-Site B along the east side of Eden Prairie Road. The subdivision was platted as Eden Prairie Woods and is currently under construction. This project included the Prospect Road extension/connection between Eden P rairie Road and S pring Road. I t is anticipated that this roadway will be completed and open to traffic by November 2012. • In August 2012,Meadows Land received approval for 23 lots on 10 acres located east of The Ridge at Riley Creek. The subdivision was platted as The Meadows at Riley Creek and is currently under construction. • Other minor subdivisions or lot splits have o ccurred in the area and are accounted for in the Preliminary Assessment Roll. • In December 2010,the City of Eden P rairie and MAC entered into a Memorandum of Understanding regarding certain development projects on MAC prope rties. As part of that agreement, MAC agreed to pay a fair share of the Eden Prairie Road improvements. Based on that agreement, we have determined an estimated assessment for MAC parcels adjacent to Eden Prairie Road. Since we cannot directly assess MAC properties, it is proposed that the city will carry the assessment costs for MAC until de velopment occurs on their property or until further agreements regarding these assessments are executed between MAC and the City of Eden Prairie. All properties deriving benefit from the proposed improvements discussed in this report will receive benefit in proportion to their potential for residential development or anticipated bene fit from certain public infrastructure components. F or several parcels, the unit benefit has been identified throug h specific development proposals or a pprovals. For other properties, development potential is estimated based on area, topography, and general configuration or location. We have estimated the net buildable acreage for each existing un-developed parcel and have used a density of 2.0 units per net buildable acre to determine potential residential units. In addition, front foot dimensions of parcels along Eden Prairie Road have been estimated to be used for adjacent st reet benefit. F or the Improvement Area,we estimate a total of 330 residential units. A c ombination of unit a ssessments and/or front footage assessments will be utilized to determine the benefits to each parcel. Later in this report,the proposed assessment rates will be described for each benefitting component of the proposed impr ovements. The potential net acreag e, units, front footage, estimated assessment, etc. is shown on the attached Preliminary Assessment Roll. Page 5 II. STREET IMPROVEMENTS The street segment proposed for improvement is shown on Figure No. 1. The current street has a narrow deteriorating bituminous surface and no storm sewer or pedestrian facilities. Because of its poor structural condition, this seg ment is weight restricted to six tons per ax le year-round. An improved street with adequate structure, storm drainage and pedestrian facilities is needed to support the residential development that will occur in this area. This segment of Eden Prairie Road is classified as a minor collector. The recom mended street section is two lanes, 32-feet in width with B-618 curb and gutter. An 8-foot bituminous trail is proposed along the west side, extending the full length of the project and connecting to the existing trail north of Riley Creek. A five-foot concrete side walk is proposed along the east side ex tending from Frederick P lace within the Eden Prairie Woods development north to the proposed intersec tion of Eden Prairie Road and Prospect Road. A new box culvert at Riley Creek will be constructe d with adequate leng th to accommodate the street, boulevard and pedestrian fac ilities on Eden Prairie Road. The proposed street assessments for the adjacent properties along Eden Prairie Road will be based on the cost of an equivalent 28-foot residential street with an eight-foot bituminous trail along the west side of the road . The five-foot concrete sidewalk included along the east side of the road adjacent to the Eden Prairie Woods development is a requirement of their development agreement. It will be constructed with this proje ct and the costs will be assessed entirely to the Eden Prairie Woods development. The total estimated assessment cost for all the street improvements is $3,615,500 as shown in Table No. 1. The street assessment cost is proposed to be assessed with three (3) street assessment rates based on benefit as described below. The central and north sections of Eden Prairie Road will be assessed separately to adjacent property owners on a front foot basis. The 600 feet of the north section associated with the creek crossing and the extra width of the entire corridor will be assessed to all benefitting properties within the Improvement Area. Below is a detailed description of the three (3) street assessment rates: • The 28-foot equivalent street cost for the center section from approximately 250 feet north of Prospect Road(north property line of Parcel #5) to about 150 feet south of Eden Prairie Woods development (south property line of Parcel#22) (engineering station 266+25 to 288+50 equals 2,225 feet)is estimated at$1,167,300 with about 4 ,394 feet of adjacent property frontage. Eden Prairie Woods development is entirely responsible for the adjacent sidewalk cost on the east side of the road which is estimated at$97,200. The net cost of$1,070,100 is proposed to be assessed against the adjacent parcels on a front foot basis equal to an assessment rate $243.54 per front foot. • The 28-foot equivalent street cost for half the length (600 feet of the 1200 feet)of the north section from approximately engineering station 288+50 to 300+50 (1200 feet)is estimated at$424,000 which provides benefit to the adjacent property frontage (1200 front footage). This cost is proposed to be assessed ag ainst the adjacent parcels (MAC and Out lot A, Eden Prairie Woods) on a front foot basis equal to an assessment rate of $353.32 per front foot. This section of roadway is more expensive primarily due to the extra grading costs and poor soil conditions. • The 32-foot street cost for the remaining half of the north section (the 600 feet of roadway near the creek crossing), plus the cost for the creek crossing, plus the extra four(4) feet of street width for both the central section and the of her 600 feet of the north section described above is estimated at Page 6 $2,024,200. This section of roadway over the creek and the extra width of the entire roadway will benefit the entire I mprovement Area. This cost is therefore proposed to be assessed against all benefitting units (330 units)within the Improvement Area at an assessment rate of$6,134 per unit. The proposed assessment s for the street improveme nts for each parcel is shown on the Preliminary Assessment Roll and in Figure No. 1. The Metropolitan Airports Commission (MAC) entered into a Memorandum of Understanding with the City of Eden Prairie regarding certain development projects on MAC properties. As part of that agreement, MAC agreed to pay a fair share of the Eden Prairie Road improvements. Based on that agreement,we have determined an estimated assessmen t for street and storm draina ge improvements of$573,374 for MAC parcels adjacent to Eden Prairie Road. Since we cannot directly levy assessments against MAC properties, it is proposed that the city will carry these assessment costs until development occurs on their property or until further agreements regarding the payment of these assessments are executed between MAC and the City of Eden Prairie. The south section of Eden Prairie Ro ad (south of Parcel#22) is not proposed for any improvements at this time. This section of roadway is characterized by a sharp curve and steep grades leading south to the intersection with CSAH 61 (Flying Cloud Drive). This section of roadway provides access to about nine properties with limited development potential. We recommend delaying any improvements on the south section of Eden Prairie Road until adjacent development occurs or a petition for improvements is received. Alternatives for improving the south section may include horizontal and vertical curve improvements for sight distance and design speed,widening, safety improvements, and modifying or eliminating the access to CSAH 61 (F lying Cloud Drive). Each alternative will have unique and potentially excessive (full parcel acquisitions) right-of-way needs that are best coordinated with de velopment of a butting properties or requested improvements. When street improvements are considered and evaluated, utility improvements would be recommended at that time. III. STORM DRAINAGE IMPROVEMENTS The proposed drainag e improvements are shown on F igure No. 2. The storm drainage system will be incorporated within the right-of-way and the project limits of Eden Prairie Road, with hydraulic capacity to convey the peak runoff from a 10 -year frequency storm from the street right-of-way and adjacent drainage watershed at their current level of development. Most properties will require future on-site treatment and infiltration requirements at the time of development with the ex ception of c ertain properties adjacent to Eden Prairie Road where the fully developed treatment and infiltration requirements will be provided with this project. These properties are identified with a footnote in the Preliminary Assessment Roll. Treatment requirements of the stormwat er will be provided by a stormwater pond or structural treatment unit prior to discharge into Riley Creek. The preferred pond location is s hown on F igure No. 2,which is currently MAC property. An under-ground drainage system will be utilized in the pond to meet FAA requirements for stormwater ponds. I f the pond location cannot be accommodated on the Metropolitan Airports Commission(MAC)property, a structural solution will likely be necessary. The total estimated storm draina ge assessment cost is $512,800 as shown in Table No. 1. The cost is proposed to be assessed against those contributing properties within the drainage watershed. B ased on the existing and potential units for the parcels within the watershed boundary, it is estimated that 136 units will contribute drainage to the storm sewer and treatment system within Eden Prairie Road. This results in an estimated assessment rate of$3,771 per unit. The identified parcels with a storm drainage assessment are Page 7 shown in the Preliminary Assessment Roll and in Figure No. 2. IV. SANITARY SEWER AND WATERMAIN IMPROVEMENTS The proposed sanitary sewer and watermain improvements are shown on Figure No. 3. The proposed sanitary sewer and watermain impr ovements include additional piping and appurtenances along Eden Prairie Road to provide adequate sewer and water service, as well as fire protection for the area and will be assessed as an area-wide assessment to all benefitting units. This area-wide assessment will be waived for The Ridge at Riley Creek and Eden Prairie Woods developments, as well as MAC property since these properties either provided benefitting city utility extensions at their cost or participated in the costs for previous utility extensions. Further analysis during the design phase of Eden Prairie Road will be needed to determine if some of the proposed utility improvements along Eden Prairie Road can be modified, reduced, or eliminated based on anticipated development scenarios. In addition, depending upon how some of the adjacent parcels develop (alone or in combination with other parcels) there may not be a need for some of the sa nitary sewer extensions and proposed services which provide lateral benefit (individual sewer and water services). It is estimated that ten (10)individual sewer and water services will be provided along the corridor to serve the adjacent properties. This lateral benefit cost is estimated at$41,600 and is not included in the area-wide sanitary sewer and watermain costs. This cost would not be assessed if individual services are not provided to these parcels. The total estimated cost of the sanitary sewer and watermain improvements is $423,500 as shown on Table No. 1. The total cost includes the lateral benefit cost of$41,600, so therefore,the net area-wide assessment cost is $381,900. This cost is proposed to be assesse d to all benefitting units with the ex ception of the properties noted above. Based on the estimated 211 be nefitting units,the area-wide sanitary sewer and watermain assessment rate is $1,810 per unit. For those parcels adjacent to Eden Prairie Road that will need or request individual sewer and water services to existing or potential units,the estimated lateral assessment rate is $4,160 per unit . If individual services are not provide d with this project, this lateral assessment will not apply to the identified parcels. Both the area-wide and lateral (service) sanitary sewer and watermain assessment for each parcel is shown on the Preliminary Assessment Roll and Figure No. 3. V. PROJECT COST SUMMARY Table No. 1 summarizes the estimated cost for the various components of the pr oject. These costs are based upon anticipated construction costs assuming adequate subsurface soil conditions, as well as a 10% contingency, estimated engineering and testing costs, 9% administration fee, and interim financing costs. Any easement costs, if incurred,will be added to project costs and assessed to all benefitting units. Any homesteaded properties that are generally un-developed will be granted a deferment of all assessments except an equivalent single unit of a ssessment until the property develops based on the City's Special Assessment Policy. F urthermore, homesteaded prope rties may be subject to othe r assessment policy benefits such as the exclusion policy (having a functional on-site sewer and water system) or assessment limits. In addition to the assessments proposed in this repor t, each benefitted property is subject to trunk utility assessments. Based on the City's Special Assessment Policy, it is proposed to levy trunk assessments in Page 8 the year subdivision/development approvals are granted to a property or the determination of lateral benefit. Homesteaded parcels will be subject to a trunk utility (sewer and water) assessment o f $520 with the balance of the acreag e subject to the acreag e rate(2012 rate = $6,885.00 per acre) at the time of development. This report proposes to apportion project costs to identified benefitting properties on a unit and/or front foot basis. Potential units have been estimated for each of the benefi tting properties that are currently un- developed. Units may be adjusted for properties that receive approval of specific development plans prior to final assessment of the project costs. VI. CONCLUSIONS AND RECOMMENDATIONS Based on this study, Improvement Contract No. 01 -5537 is feasible, co st effective,necessary, and the resulting benefit will equal or exceed the proposed assessments to the abutting and benefitting properties. It is therefore reco mmended that the Eden Prairie City Council pro ceed with the project on a schedule similar to the one suggested in this report. Page 9 CITY OF EDEN PRAIRIE NOTICE OF HEARING ON PROPOSED PUBLIC WORKS IMPROVEMENTS I.C. 01-5537 TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN that the Eden Prairie City Council will meet at the City Center, 8080 Mitchell Road, at 7:00 p.m. on November 20, 2012 to consider the maki ng of the following described improvements: I.C. 01-5537 — Street, Storm Drainag e, Sanitary Sewer and Watermain improvements on Eden Prairie Road south of Riley Creek. The project in eludes grading, paving, creek crossing, curb and gutter, sanitary sewer,watermai n, storm sewer, sidewalk and tr ail. The area proposed to be assessed lies in Section 29, Township 116, Range 22. The total estimated project cost is $4,551,800. Pursuant to Minnesota State Laws, Section 429.011 to 429.111,the area proposed to be assessed for such improvements is all that property within or abutting on the above described limits. Written or oral comments relating to the proposed improvements will be received at this meeting. By Order of the City Council Kathleen Porta, City Clerk City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 Publish: Eden Prairie News November 1 and November 8,2012 Page 10 PROJECT SCHEDULE (I.C. 01-5537) October 16, 2012 Receive Feasibility Report to City Council October 25, 2012 Deliver Notice of Public Hearing to Eden Prairie News Newspaper Publish November 1 and November 8,2012 October 25, 2012 Mail Notice of Public Hearing to Public November 20, 2012 Hold Public Hearing, Order Improvements and Preparation of Plans and Specifications March 5, 2013 Approve Plans and Specifications and Order Advertisement of Bids Advertise for Bi ds in Eden Prairie News Newspape r on March 14 and Construction Bulletin(or other appropriate publication) on March 18 and 25, 2013 April 4, 2013 Open Bids April 16,2013 Award Contract November 2013 Substantial Completion July 2014 Final Completion October 2014 Final Assessment Hearing Spring 2015 Assessments First Appear on Tax Statements Page 11 TABLE NO. 1 ESTIMATED COSTS EDEN PRAIRIE IMPROVEMENT CONTRACT NO. 01-5537 EDEN PRAIRIE ROAD STREET and UTILITIES Storm Sewer and Street Drainage Water Total Construction $2,601,000 $368,900 $304,700 $3,274,600 Engineering $650,300 $92,200 $76,200 $818,700 Administration (9%) $234,100 $33,200 $27,400 $294,700 Capital Interest $130,100 $18,500 $15,200 $163,800 TOTAL ASSESSABLE COSTS $3,615,500 $512,800 $423,500* $4,551,800 *Includes$41,600 lateral sanitary sewer and watermain assessment to selected parcels Page 12 a r 0= 00000000000000000000000 00 0000 0000 0880 0 0 00 iz,i 0 rs.I0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 8 $ 8 8 8 8 8 8 $ 8 8 8 8 $ 8 0 $ $ uJ 'Do AAAAAAAAAAAAA7 Xg „ AAMMs FAAAA i. 71 Ae vi.i. 0 F , N _ ._ _ N _ _ a . , c., _ , ,, aN , N ,,> :, . < < alo as1 „ e o „ so !Ilia .» .» .» .» .» .» .» .» .» .» »i » .» .» .» g » � F, ,» ,» sah h » » » » g .» .» .» .» .» .» .» w .» � wwo5o g <y � 0000000000000000000000000000000000aa000a � � mo � � aN � Nm � m � � 8. as F. i F. 2,4 r2 - a ' o rc O N o & o � rc 0 lZ aO i C F ❑a LL Ei= o 1 o 0 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 m 8 8 8 s 8 8 8 8 1 o gggggggggggggggggitgggiitggggilag ❑a LL N , F- M a wt N - - - N - - a .2 o, •- 7 a N ^ N m m ❑a E LL i m m m m m m m m m co S iQ LI L a 4. 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H > > > > > > > > > Y Y Y ) Y Y Y Y Y Y Y Y Y Y Y Y Y ) ) > > > > > > > > > > > Z > Z Z Z Y Z Z Z Z Z Z Z Z Z Z E m O 2 F ~ 2 Y z z Y z Z Y Z Z Z Z Z Y T T Z Z T T Z Z Z ) z z z z z z T z z Z Z Z T T T T Y Y Y Z Y Y T T T T T T T ) Z ) T � y rc 3 _ 5 m S Z _ _ i l o E E i O_ E LL E U o m N U m U m ° S, ei - - r Uc 7 $ 4 m1 - mci3uaaaa _ .11, m � _ mmm yT mmmm ! m E .7z & m o w m Ym � aY 2 _ _ _ rrrrr - m r = m rrryV - yHff - ! _ - mc - w@rom ` ` - EaEOrom U U ; ; ; i Li W W W UgK A 0 e iW I ❑ S NUA Wia8 -ii ❑ 68 _ Y 1 .2K i,,g O u 0 0 m ,o 0, 0, (O 0 0 0 0 0 0 0 0 0 0, ,o 0 0 ,o 0 0 0 0 0 0 0, 0, is is 0 0 0 0 0 0 0 0 0 m 0 0 0 m m 0 0 0 0 0 ,o ,o 0 m lii N N N 4 4 4 N N N N N N N N N N N ,4 N 4 4 4 4 4 4 N N 4 4 4 44 N N A 4 4 4 N N N N N 4 4 4 4 4 4 4 4 N 4 4 a� Y w rc rc rc f 0- .^ u d a m u ❑ w LL 0 x - -, Y -1 M z O a o 1 u, 1- > > 3 x > N * m 8 ❑ w ,± <' x = , i N a u, 0 , m o, o ,- N M a u, o C z U ❑ U' e 1a 6 W W= PRELIMINARY ASSESSMENT ROLL EDEN PRAIRIE ROAD SOUTH OF RILEY CREEK EDEN PRAIRIE,MINNESOTA I.G.01-5537 PARCEL P.I.D.NO. OWNER HMSTD TRUNK GROSS NET FT FOOT POTENTIAL ADJ.STREET-Center(2.) ADJ.STREET-North(3.) STORM SEWER(4.) LAT.S&W(5.) AREAS&W(6.) STREET&CREEK(7.) ESTIMATED TOTAL NO. Y OR N S&W AC AC FTGS NOTES UNITS(1.) FF AMOUNT FF AMOUNT UNITS AMOUNT UNITS AMOUNT UNITS AMOUNT UNITS AMOUNT ASSESSMENT 17A 29-116-22-31-0010 Roger&Jean Johnson V N 0.23 0.23 (8.) $0.00 $0.00 $0.00 $0.00 $0.00 18 29-116-22-42-0005 Loren&Norma Wuttke V N 10.56 10.56 200 (8.)(12.) 21 200 $48,708.00 13 $49,023.00 1 $4,160.00 21 $38,010.00 21 $128,814.00 $268,715.00 19 29-116-22-42-0004 Loren&Norma Wuttke V N 1.18 1.18 200 (8.)(12.) 2 200 $48,708.00 2 $7,542.00 1 $4,160.00 2 $3,620.00 2 $12,268.00 $76,298.00 20 29-116-22-34-0002 Loren&Norma Wuttke Y N 520 20.22 8.90 (8.)(12.) 19 $0.00 $0.00 19 $34,390.00 19 $116,546.00 $150,936.00 _ 20A 29-116-22-31-0011 Loren&Norma Wuttke Y N 0.31 0.30 (8J(12J $0.00 _ $0.00 $0.00 _ $0.00 $0.00 _ 21 29-116-22-43-0007 Loren&Norma Wuttke Y N 18.65 9.00 (8J(12.) 18 $0.00 _ $0.00 18 $32,580.00 18 $110,412.00 $142,992.00 _ 22 29-116-22-43-0008 Jack&Joyce Provo Y N 520 6.75 6.17 486 (8.)(12.) 12 486 $118,360.44 12 $45,252.00 1 $4,160.00 12 $21,720.00 12 $73,608.00 $263,100.44 23 29-116-22-13-0001 Hennepin Village Limited Partnership N N 1.66 1.66 230 (8J(13.) 3 230 $56,014.20 3 $11,313.00 3 $5,430.00 3 $18,402.00 $91,159.20 24 29-116-22-14-0002 Toll MN,LLC N V 700 (8.) 450 $109,593.00 250 $88,330.00 $0.00 $0.00 $0.00 $197,923.00 24A 29-116-22-14-0004 Toll MN,LLC N V $0.00 _ $0.00 $0.00 $0.00 $0.00 25 29-116-22-41-0005 Toll MN,LLC N V 1305 (8.)(9.) 52 1305 $415,019.70 $0.00 $0.00 52 $318,968.00 $733,987.70 26 29-116-22-44-0022 Toll MN,LLC N V 310 (8.) 310 $75,497.40 $0.00 $0.00 $0.00 $75,497.40 27 29-116-22-44-0013 Duncan&Lisa Tomassen V N 520 2.61 270(8)(10-)(12.)(13) 2 160 $38,966.40 2 $7,542.00 1 $4,160.00 2 $3,620.00 2 $12,268.00 066,55640 28 29-116-22-12-0006 MAC N N 9.70 (8.) $0.00 $0.00 $0.00 $0.00 $0.00 28A 20-116-22-43-0068 MAC N N 10.22 (8.) $0.00 $0.00 $0.00 $0.00 $0.00 288 29-116-22-12-0007 MAC N N 7.62 (8.) $0.00 $0.00 $0.00 $0.00 $0.00 28C 29-116-22-11-0001 MAC N N 9.15 (8.) $0.00 $0.00 $0.00 $0.00 $0.00 28D 29-116-22-11-0003 MAC N N 42.95 (8.) $0.00 100 $35,332.00 $0.00 $0.00 $0.00 $35,332.00 28E 29-116-22-14-0003 MAC N N 18.20 770 (8.) $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 29 29-116-22-13-0011 MAC N N 14.73 845 (8.) 16 $0.00 550 $194,326.00 16 $60,336.00 $0.00 16 $98,144.00 $352,806.00 29A 29-116-22-13-0010 MAC N N 7.29 45 (8.) 8 $0.00 300 $105,996.00 8 $30,168.00 $0.00 8 $49,072.00 $185,236.00 30 29-116-22-04-0012 Richard&Mary Lou Carlson 0.50 (11.) $0.00 $0.00 $0.00 0 $0.00 $0.00 31 29-116-22-44-0005 Richard&Mary Lou Carlson V N 0.73 (11.) $0.00 $0.00 $0.00 0 $0.00 $0.00 32 29-116-2244-0014 Joel&Kelly Wiegert N N 1.45 (11.) $0.00 $0.00 $0.00 0 $0.00 $0.00 33 29-116-22-44-0004 Dean&Karen Edstrom V N 0.86 (11.) $0.00 $0.00 $0.00 0 $0.00 $0.00 34 29-116-22-44-0016 Dean&Karen Edstrom V N 1.03 150 (11.) $0.00 $0.00 $0.00 0 $0.00 $0.00 35 29-116-22-03-0003 Ralph Nielson V N 4.40 285 (11.) $0.00 $0.00 $0.00 0 $0.00 $0.00 36 29-116-22-03-0006 Perry&Michelle Ryan N N 1.23 (11.) $0.00 $0.00 $0.00 0 $0.00 $0.00 37 29-116-2243-0001 Dean Edstrom N N 1.23 (11.) $0.00 a $0.00 di $0.00 0 im$0.00 $0.00 38 29-116-22-34-0003 Gregory&Debra Peterson N N 12.20 3.44 (8.) 7 $0.00 $0.00 7 $12,670.00 7 $42,938.00 $55,608.00 39 29-116-22-34-0005 Dr.F.M.Allis Y N 520 5.61 2.72 (8.)(12.) 5 $0.00 $0.00 5 $9,050.00 5 $30,670.00 $39,720.00 TOTALS 330 4394 $1,167,314.76 1200 $423,984.00 136 $512,856.00 10 $41,600.00 211 $381,910.00 330 $2,024,220.00 $4,551,884.76 1.Potential Units based on a density of 2.0 units per net acre or development plan. 2.Based on an assessment rate of$243.54/front foot for the center section(Ste.266+25 to 288+50) Parcel 425 includes an additional sidewalk assessment of$97,200 per Developer's Agreement 3.Based on an assessment rate of$353.32Rront foot for the north section(Sta.288+5010 300+50) 4.Based on benefithng units within the drainage watershed at an assessment rate of$3771/unit 5.Lateral sewer and water assessment rate of$4160/unit(this assessment provides for individual sewer and water services based on property owner's requests)This amount will NOT be assessed if individual services are not provided with this project. 6.Based on an assessment rate of$1810/unit for area-wide sewer and water improvements. 7.Based on an assessment rate of$6134/unit(Includes 600 feet of 32'of roadway over the creek crossing,all costs associated with the creek crossing,and the extra four feet of width for the entire center section and 600 feet of the north section.) 8.Subject to additional trunk assessments at the time of development or connection to utilities. 9.Includes an additional sidewalk assessment of$97,200 per Developer's Agreement. 10.Use 160 feet for the front footage(of the 270 foot total)adjacent to proposed street improvements. 11.Properties shown for information purposes only-no assessments proposed at this time. 12.Homesteaded properties will be subject to a trunk sewer and water assessment of$520.00(unless previously paid)with the balance of the parcel's acreage subject to the acreage rate for trunk assessments at the time of development.See additional Notes below. 13.Storm water conveyance and treatment are being provided for the fully developed condition for these parcels.Therefore,no further storm water rate control or treatment will be necessary upon development. 14.Property is in MAC's Runway Protection Zone;Allowable density is 1 unit per 3 gross acres. Note:Any homesteaded parcel that has development potential(which is indicated by multiple units listed in the Potential Units column)will be assessed the equivalent of one unit of assessment with the balance of the assessment deferred with interest until the time of development. Note:The 5-year exclusion policy(no trunk AND lateral sewer and water assessment will be levied fora period of five years or until connection,whichever comes first)also applies to homesteaded parcels with BOTH trunk and lateral sewer and water assessments. G.tEnglneerinBUCUSYr-ACTIVE Folaers15537-0t Eden Pralne Road South of Riley Creek;FEABIBILITY snve91P,ellminary Assessment Roll-Report Copy_bPtlf 'r--___... will .---"--1-.412-2 ._____ i Akk \ r` \ 11 it <<Jlh* IV ' 'r _ 12 K AVM •••,,,, I K0 --- 20A _7A - e � 1P 1R1S1U1Wl\ 11 1C! 1V12p176 �� 1X LEGEND l 1A HNFp CC1BE 1Z 1y /�:'`.•,..•••"*" � LL 111 IGG DD Street Improvements \ , 1MM K IEE —{ —•— MUSH Line 13 ������������ Benefiting Properties: i • 47 f * \\y 28 Foot Equivalent Street ►���'' 2 21 14 • �� ) Assessment Rate @$243.54 4 8 Per Front Unit .. ♦������' 28 y;.;.. 28 Foot Equivalent Street ` • e �* ������: / Assessment Rate @$353.35 • 3•g•�.44• +�►������� Per Front Unit ♦��`1♦►��'►���' ��♦ I 132-Foot Equivalent Street, 35 �i wo �������� Crossing, Mk /� , �a � \ �'������♦ ExtraidtAand 4-Foot ♦����.-14:**�'►� �� �� 28B Extra Width Assessment Rate ,.\\ \� ��,„ ,„` \\ ` �<- ���<ir @$6,134 Per Unit 1463:‘ 34 �' V` `�� AV� � V� , ��'1� �����I� � lac _i Improvement Area ,- , \ ,,, \ ��� ����\ ♦ =t���♦* , N No Assessments at This ill AL 31 30 ` \ ����►�������i�� �► ����������� Time. For Information I \\ \ N, n , , \,,,„ ♦�� � :f��►���v'v����♦ Purposes Only. r i WV \ (IIIIIIIII II, GP CITY OF EDEN PRAIRIE FIGURE NO.1 EDEN I.C.#5537-01 EDEN PRAIRIE ROAD SOUTH OF RILEY CREEK STREET IMPROVEMEN T PRAIRIE i r f-i • •.,Ali iA_II& f9` 38 11 �'' ', `•��• `^ A® ' 16 T 12 Ell 10 20A r7A1P PF !U1V1WY )20 6jFF CC LEGEND 17 13 1A 1B THH DD B 1Z 1Y Proposed Storm Sewer `' — 1MM LL K IGG IEE (\,.z —•— MUSH Line 3 Benefiting Properties: 7 29A I Assessed Parcels �, 21 18 14 2 / (Parcels 14&18 Partially 4 Assessed) 28, C-� / I No Assessments at This 8 PROPOSED Time. For Information 5 POND 22 29 28 � Purposes Only. / e, 3ita it�' 19It 9 ) 28B 4,, 33 34 . VW IMF -- 28C 27 . 32 �,, % 26 . 25 '0 31 30 28E 28D lib 11111' .. I r .... ill, (I,IIIIIIII II SI CITY OF EDEN PRAIRIE FIGURE NO.2 EDEN I.C.#5537-01 EDEN PRAIRIE ROAD SOUTH OF RILEY CREEK STORM DRAINAGE IMPROVEME NTS PiiAM r1 ........_ 11IL 38��• li Et ' racilink - •,6 • 12 II—III II1 $ gc 10 1T '. !`.� 20A, 1P 1R 17A �.��� ® 1Q 13 1U1V 1W� �20 6 ► FF CC y LEGEND 17 1A$ `� Ant I — 'EEDD ___ 1Z Proposed Sanitary Sewer ■-■ Existing Sanitary Sewer IIIIII — Proposed Watermain 7 29A ■�■ Existing Watermain )1 ..1._,, 21 \s 14 2 —•— MUSA Line a .' 2a, Benefiting Properties: \--------7i N Assessment Area-Wide Sewer and 8 PROPOSED Watermain Ass Rate 22 15 POND 28 / @$1,810 Per Unit 29 36 35 _ I [�� Lateral Sanitary Sewer and 37 �'•••�' 19\ >0 23 \ AIMAIAli ""w"`y 28B Watermain Assessment Rate -c s. _, @$4,160 Per Unit(only III 9I —7 e — applied if individual services 33 34 �\ �` III !s / 28C are provided) -���� II N• 1',I III �� R 32 26 �` ..III — ��' 1� ``� 25 31 30 28D s I I No Assessments at This \ 28E Time. For Information Purposes Only. I +� V r (Mill L,4 FIGURE NO.3 CITY OF EDEN PRAIRIE [DEN I.C.#5537-01 SANITARY SEWER AND WATERMAIN EDEN PRAIRIE ROAD SOUTH OF RILEY CREEK IMPROVEMENTS CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2012- RESOLUTION ORDERING IMPROVEMENTS AND PREPARATION OF PLANS AND SPECIFICATIONS WHEREAS, a resolution of the City Council adopted the 16th day of October,2012, fixed the 20th day of November 2012, as the date for a public hearing on the following proposed improvements: I.C. 01-5537: Eden Prairie Road South of Riley Creek Street and Utility Improvements WHEREAS,ten days' mailed notice and two weeks' published notice of the hearing was given, and the hearing was held on the 20th day of Novem ber, 2012, at which all persons desiring to be heard were given an opportunity to be heard thereon. NOW,THEREFORE,BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL: 1. Such improvement is necessary, cost-ef fective, and feasible as detailed in the f easibility report. 2. Such improvement is hereby ordered. 3. The Planning Commission has reviewed the pr oposed capital improvement and reported in writing to the Council its findings as to corn pliance of the proposed im provement with the comprehensive municipal plan. 4. The City Engineer is hereby designated as th e Engineer for this improvement, I.C. 01-5537. He shall prepare plans and specifications,with assistance from SEH,Inc., for the m aking of such improvements. 5. The City Council declares its official intent to reim burse itself for the costs of the improvement from the proceeds of tax exempt bonds. ADOPTED by the Eden Prairie City Council on November 20,2012. Nancy Tyra-Lukens,Mayor ATTEST: SEAL Kathleen Porta, Clerk frj The Pemtom Land Company 7697 ANAGRAM DRIVE EDEN PRAIRIE, MINNESOTA 55344 (952) 937-0716 • FAX (952) 937-8635 www.thepemtomlandcompany.com November 14, 2012 Mayor and City Council City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Re: Eden Prairie Road South of Riley Creek Feasibility Report, specifically the proposed impacts on the following parcels: #15- Pemtom-Small LLC, #22- Provo, #23- Hennepin Village Limited Partnership Mayor and Council Members: The Pemtom Land Company hereby respectfully requests that the City give serious consideration to an overall change in the proposed assessment methodology for this project. This project has been under consideration for numerous years and throughout that time the assessment was always considered to be based on each parcel's potential development units as a share of the entire area served by the road. The recently released feasibility study proposes a hybrid approach to the assessments - a portion determined by benefiting units and a portion determined by direct frontage to the road. This methodology places a disproportionate burden on small parcels that are adjacent the road. While the concept of an adjacency benefit might make sense when all the roadways in a neighborhood are being improved, in this case adjacency is not a benefit, but more of a detriment (ie double frontage lots). There are only a couple of instances on this project where the adjacent parcels will actually have direct access to the road. In most situations, we are being assessed for the adjacent benefit, but there is a presumption that access to Eden Prairie Road will be limited (restricted) and still all internal and collector roadways will be funded by the individual developers. We feel strongly that the previous concept for the assessment put forward by the previous Public Works staff is still the fairest method. Each residential unit, whether adjacent the road or a half-mile away will have the same theoretical use of the road, since there are no connections to the west— all traffic within the study area will use, and benefit from, the roadway equally. Adjacency to the road will not change an individual's use of the road. We attended the neighborhood meeting for the project and have since also met with staff to discuss our concerns. Mr. Rod Rue made the comment that there is the potential for winners and losers in any scenario and he did his best to devise a fair proposal. If the assessment was re-done purely on a unit basis, there would not be any winners or losers. All properties would be assessed equally based on their development potential, but the assessments only becomes due when a property owner chooses to develop. The current proposal results in assessments ranging from $6100 to over $36,000 per potential unit. This does not seem to be the most fair method. A review of parcel #23 in the study makes the point very well. This parcel is proposed to be assessed$91,000 and is assumed to have 3 potential units. The current concept for this parcel is a westerly extension of Prospect Road, which would provide for 3 lots. Due to the proposed alignment of Prospect Road, the entire burden of right-of-way and street and utility construction cost for Prospect Road will fall on this parcel, even though this parcel only has 50% of the potential benefit from said road. This parcel will get no benefit from being adjacent to Eden Prairie Road and will not be allowed direct access to it. The corner lot next to Eden Prairie Road will actually be valued less due to being adjacent. These lots are marginal to begin with(uphill,no significant natural features, etc.) -the parcel simply cannot support a$30,000+per unit assessment in addition to the high cost of Prospect Road. Similarly the previously approved preliminary plat for William Small Property (parcel #15 in the study) also gets no benefit for being adjacent Eden Prairie Road. When this parcel develops, the City will expect the developer to pay towards the upgrade of Beverly Drive (collector road), plus all of the onsite improvements. Again, the benefit to the parcel is only based on the number of units potentially accessing Eden Prairie Road. There is not an additional benefit to being adjacent. The lots that back up to the road will be less valuable due to the adjacent road. If the proposed improvement project were assessed based solely on units, the assessment will likely be somewhere between$11-12,000 per unit. This number is consistent with the special assessment agreements associated with "The Ridge at Riley Creek", "The Meadows at Riley Creek", and "Eden Prairie Woods"plats. One possible drawback to a pure unit basis might be how to allocate a fair share to the MAC parcels. Staff could likely develop a residential equivalency concept to resolve this potential problem. Thank you for considering changing the proposed assessment methodology for this project. With direction from the Council, we think staff will be able to come up with a revised assessment proposal that will work well for all. Sincerely, The Pemtom Land Company Daniel J. Herbst President DJH/jmm Dan Blake CITY COUNCIL AGENDA DATE: November 20, 2012 SECTION: Public Meeting DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.C. Community Perry Ryan Sloped Ground Review Development/Planning Janet Jeremiah Requested Action Move to: • Close the Public meeting; and • Approve and Authorize Issuance of a Land Alteration Permit to Perry Ryan for property at 10197 Eden Prairie Road subject to release by the City Engineer upon determination that the final contract documents conform to plans stamp dated November 20, 2012 as approved by the City Council. Synopsis The applicant wants to construct a driveway on the property that has slopes greater than 12% and an elevation change of 30 feet. Background Information The property is 48,189 square feet. The amount of disturbed area is 3,484 square feet or 7%. The disturbed area is proposed to be restored according to city standards for erosion control. A significant tree is any tree over 12 inches in diameter. There are 188 inches of significant trees. A total of 44 inches will be lost. The required tree replacement is 13 inches. The proposed plan provides 155 feet of sight distance to the south of the driveway which is the stopping sight distance for a vehicle traveling at 25 mph. Although the speed limit on Eden Prairie Road is 30 mph, we have reviewed the site conditions and for the following reasons believe the 155 foot sight distance is sufficient in this particular location: • The property is zoned rural and the expected use of the property is agricultural, therefore traffic entering and exiting the site is expected to be minimal. • Steep vertical grade and curvature approaching the proposed driveway limit speeds to approximately 25 mph. • The Average Daily Traffic on Eden Prairie Road is under 1000 vehicles per day. • The existing topography and curvature of the roadway would require substantial additional grading to further increase the sight distance. The 120-Day Review Period Expires on January 18, 2013. Planning Commission Recommendation The Planning Commission voted 5-0-1 to recommend approval of the project at the October 22, 2012 meeting. Attachments 1. Staff Report 2. Location Map 3. Land Use Map 4. Zoning Map 5. Aerial photo 6. Unapproved Planning Commission Minutes 7. Letters from property owner Edstrom 8. Variance#1999-01 packet STAFF REPORT TO: Planning Commission FROM: Michael D. Franzen, City Planner DATE: October 19, 2012 PROJECT: Sloped Ground Review LOCATION: 10197 Eden Prairie Road APPLICANT: Perry Ryan OWNERS: Perry Ryan 120-DAY REVIEW: Expires January 18, 2013 REQUEST: • Slope Ground Review BACKGROUND The property is guided Low Density Residential. The property is zoned Rural. APPLICANTS REQUEST The applicant wants to construct a driveway on thgroperty that has slopes greater than 12% and an elevation change of 30 feet. SLOPE GROUND REVIEW A steep slope is defined as a slope over 12 % and an elevation difference of 30 feet or more in a given parcel. Development is defined as any excavation in excess of 50 cubic yards of soil or activity which first requires the procurement of a building or land alteration permit. The property has a steep slope and the development requires a land alteration permit. The permit is issued by the City Council. The City may impose conditions, limit the size, kind or character of the proposed work, require the Staff Report—Sloped Ground Review October 19, 2012 construction of other structures,require replacement of vegetation or other natural batures,establish required monitoring procedures and maintenance activity, stage the work over tim e, require the alteration of the site design to ensure buffering, or require a performance bond. ALTERATION OF TOPOGRAPHY AND EROSION The property is 48,189 square feet. The amount of disturbed area is 3,484 square feet or 7%. The disturbed area is proposed to be restored according to city standards for erosion control. ALTERATION OF NATURAL VEGETATION A significant tree is any tree over 12 inches in diarmter.There are 188 inches of significant trees. A total of 44 inches will be lost. The required tree replacement is 13 inches. SITE VISION DISTANCE The proposed plan provides 155 feet of sight distance to the south of the driveway which is the stopping sight distance for a vehicle traveling at 25 mph. Although the speed limit on Eden Prairie Road is 30 mph, we have reviewed the site conditions and for the following reasons believe the 155 foot sight distance is sufficient in this particular location: • The property is zoned rural and the expected use of the property is agricultural, therefore traffic entering and exiting the site is expected to be minimal. • Steep vertical grade and curvature approaching the proposed driveway limit speeds to approximately 25 mph. • The Average Daily Traffic on Eden Prairie Road is under 1000 vehicles per day. • The existing topography and curvature of the roadway would require substantial additional grading to further increase the sight distance. PRIOR CITY ACTIONS A variance application (#99-01) to build a hour e on the property was denied by the Board of Appeals and Adjustments on January 14, 1999. This etcision was appealed tothe City Council. The City Council reviewed the decision on March 16,1999.The variance was continued to the April 22, 1999 meeting at which tim e the council confirm ed the decision of the Board of Appeals and Adjustments denying Variance#99-01. STAFF RECOMMENDATIONS 2 Staff Report—Sloped Ground Review October 19, 2012 Recommend approval of the request to construct a driveway on steep slopes according to plans stamped dated October 12, 2012, and the following conditions. 1. Receive approval of a land alteration permit 2. Submit a tree replacement plan and surety. 3. Notify the City and watershed district at least 48 hours in advance of grading. 3 Area Location Map - Perry Ryan Address: 10197 Eden Prairie Road, Eden Prairie, MN LU Ei o�ev aZ w LU Eden Prairie Road SITE Indian Road Flying Cloud drive 0 175 350 700 Feet I I II Guide Plan Map Perry Ryan 10197 Eden Prairie Road, Eden Prairie, MN Eden Prairie Road II -----i"-\_ ____ _______ __- / i I --jMillk cDl I I _ 4.J ' SITE / -------------- Indian Road Flying Cloud Road City o ' den Prairie Land Use Guide PI - + l 0 I 1 0-2020 Legend N Rural Residential 0.10 Units/Acre Neighborhood Commercial Streams Low Density Residential 0-2.5 Units/Acre - Community Commercial Principal Arterial 772 Low Density/Public/Open Space - Regional Commercial -A Minor Arterial B Minor Arterial ' + '1 77 Medium Density residential 2.5-10 Units/Acre -Town Center DATE Approved 03-19-03 DATE Revised 12-06-06 Major Collector DATE Revised 01-07-05 DATE Revised 03-01-07 EDEN n Medium Density Residential/Office - Park/Open Space J DATE Revised 02-03-06 DATE Revised 06-01-07 Minor Collector DATE Revised 02-23-06 DATE Revised 10-01-07 1 High Density Residential 10-40 Units/Acre - Public/Quasi-Public DATE Revised 03-23-06 DATE Revised 03-01-08 DATE Revised 06-23-06 DATE Revised 03-01-09 J Airport Golf Course PRAIRIE Office - Church/Cemetary V/� Office/Industrial Open Water ITL:m.... .o— ®o.=..a„ . .a a,0 N.ar ® LiVE•wOB1C•QAEAM VA Office/Public/Open Space 6.3ight-Of-Way 0.125 0 - Industrial I I Miles Zoning Map Perry Ryan 10197 Eden Prairie Road, Eden Prairie MN i. A Eden Prairie Road ___) 41__ ______ , z ---------- --__I--- �� Indian Roa� J Flying Cloud Drive 1 + t ! f 1 City of Eden Prairie Zoning Map Rural -Regional Commercial Shoreland Management Classifications N R1-44 One Family-44,000 sf.min. 1-7TC-C NE I Natural Environment Waters R1-22 One Family-22,000 sf min. n TC-R I RD I Recreational Development Waters R1 13.5 One Family 13,500 sf min. al TC-MU I GD I General Development Waters(Creeks Only) t . i R1-9.5 One Family-9,500 sf min. 1 Industrial Park-2 Acre Min, ® 100- Year Floodplain RM-6.5 Multi-Family-6.7 U.P.A.max. Industrial Park- 5 Acre Min. EDEN Up dated through approved Ordinances#26-2008 -RM-2.5 Multi-Family-17.4 U.P.A.max. General Industrial-5 Acre Min. Ordinance#33-2001(BFI Addition)approved,but not shown on this map edition PRAIRIE Office J Public Date:March 1,2009 Neighborhood Commercial I I Golf Course In case of discrepancy related to a zoning classitmaeon on this zoning map,the ordinance uVE•WOHK•OHEAM and attached legal description on file at Eden Paine Ciry Center will prevail. -Community Commercial Water -Highway Commercial Right of Way 0 0.05 0.1 -Regional Service Commercial _,op....,��mo..,...,ti4..o..o.a., Miles °%- ..._..1..m ,..,,m„ Aerial Map Perry Ryan 10197 Eden Prairie Road, Eden Prairie, MN i w l Pr 40111C.64.000,004. A A 1 1 Eden Prairie Road } 9 : ,fi' ' p , ., r..r,cy a '. 1 tr- * . 6 0 • . 1 ' ` ,' ' ,i a • 'saegli a e. s; g *P.. .1, * w Flying Cloud Drive Indian Road ` Cr' 4e` N Y r" -� 1 X� . t UNAPPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY, OCTOBER 22, 2012 7:00 P.M., CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: Steven Frank, Matt Fyten, John Kirk, Katie Lechelt, Jacob Lee, Jerry Pitzrick, Kevin Schultz, Jon Stoltz, Travis Wuttke STAFF MEMBERS: Michael Franzen, City Planner Rod Rue, City Engineer Stu Fox, Manager of Parks and Natural Resources Julie Krull, Recording Secretary I. PLEDGE OF ALLEGIANCE—ROLL CALL Chair Stoltz called the meeting to order at 7:00 p.m. Kirk, Lee, Pitzrick and Schultz were absent. II. APPROVAL OF AGENDA MOTION by Lechelt, seconded by Frank, to approve the agenda. Motion carried 5-0. III. MINUTES A. PLANNING COMMISSION MEETING HELD ON OCTOBER 8, 2012 MOTION by Frank, seconded by Wuttke, to approve the minutes. Motion carried 3-0. Fyten and Stoltz abstained. IV. INFORMATIONAL MEETINGS V. PUBLIC MEETINGS A. PERRY RYAN,by Perry Ryan Location: 10197 Eden Prairie Road Request for: • Sloped ground review on 1.1 acres October 22, 2012 Page 2 Perry Ryan, owner of the project,presented the proposal. Mr. Ryan stated he is seeking to get a driveway into the property and has been working with the engineering department in regards to this. Chair Stoltz asked Franzen to review the staff report. Franzen said staff recommendation is for approval based on page 3 of the staff report. Chair Stoltz opened the meeting up for public input. There was no input. MOTION by Frank, seconded by Fyten, to close the public meeting. Motion carried 5-0. MOTION by Frank, seconded by Fyten, to recommend approval of the sloped ground review on 1.1 acres based on plans stamped dated October 12, 2012 and the staff report dated October 19, 2012. Motion carried 4-0,with Wuttke abstaining. VI. PUBLIC HEARINGS VII. PLANNERS' REPORT Franzen stated there will not be a meeting on November 12, in observance of Veterans Day. The next meeting will be November 26 and there will be two items on the agenda. VIII. MEMBERS' REPORT A. CITIZEN ADVISORY COMMITTEE—LIGHT RAIL Fyten said the draft amendment is out for review. IX. CONTINUING BUSINESS X. NEW BUSINESS XI. ADJOURNMENT MOTION by Frank, seconded by Lechelt, to adjourn the meeting. Motion carried 5-0. There being no further business,the meeting was adjourned at 7:55 p.m. DEAN KARENEDS t O 10133 EDEN PRAIRIE ROAD EDEN PRAIRIE,MN 5534 7 TEL: (952)934-4700 E-MAIL: kcedstrom(b gmail.com October 19, 2012 Members of the Planning Commission City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344-4485 Re: Perry Ryan—Driveway Access Dear Members of the Planning Commission: We are writing to express our concerns regarding the application of Mr. Perry Ryan for permission to construct a driveway access to the property at 10197 Eden Prairie Road. Our home is a short distance from the site, at 10133 Eden Prairie Road, and we own the undeveloped property immediately adjacent to the site on the east side. It is our understanding that the proceeding to be conducted by the Planning Commission on Monday, October 22, 2012 is not a faunal hearing but rather a public meeting, and that the request is not a request for rezoning or for a variance, but rather a meeting for the purpose of making an advisory recommendation to the City Council on the request. We understand, however, that the Commission normally allows comments by interested parties and accepts written comments as well on such requests. Unfortunately, we will be out of town on Monday evening and will be unable to attend your meeting. Thus, we hope you will take our written views into consideration in your deliberations on the application. Background Over the years there has been considerable controversy regarding the site in question. In 1995 and 1999 the Eden Prairie Board of Appeals and Adjustments and City Council considered requests for variances submitted with respect to the site. In 1995, the request was submitted by the owner of the property who preceded Mr. Ryan. In 1999 the request was submitted by the same prior owner and then, apparently because of a concurrent sale of the property to Mr. Ryan, the request was assumed and pursued by Mr. Ryan. The variance requests were intended to permit the construction of a residence on the site. In both instances, the requests were denied by the Board of Appeals and Adjustments and appeals to the City Council were also denied. We understand that the request for driveway access is a proceeding to which different. standards and considerations apply than those in the prior proceedings. However, to provide the Commission with a better understanding of the history of the parcel and the prior controversies, we are enclosing with this letter copies of correspondence that we submitted in connection with those hearings. Planning Commission City of Eden Prairie October 19, 2012 - Page 2 Our Concerns We- understand that the principal issues normally addressed with respect to driveway access relate to removal of soils, removal of trees, area covered by the proposed action and the like. Although we assume the Commission will give appropriate consideration to those factors, we would like to present some additional concerns that we would ask you to consider. First, the location of the proposed driveway access to Eden Prairie Road will present safety issues that would exacerbate an already unsafe situation. Eden Prairie Road at that point is curving, with sight lines obscured for both potential users of the proposed driveway and vehicles on Eden Prairie Road. This is a problem without a real solution, because other potential locations for access to the property are even more hazardous or difficult to engineer. Suffice it to say that when Eden Prairie Road is wet or icy, perhaps at night as well, vehicles on any access to the property and on Eden Prairie Road will be at risk. We suggest that you solicit the comments of the City Engineer, Police Chief and Fire Chief for further input on the subject. Second, on various occasions over the past few years the City Council has considered the potential termination of Eden Prairie Road at the location of the driveway access to 10129 and 10131 Eden Prairie Road. The purpose of that proposal would be to eliminate the safety issues that exist between that point and Flying Cloud Drive. Although this possibility has been discussed in connection with development proposals, the City Council has not reached a definitive conclusion on the subject. Our concern is that if the proposed driveway access is constructed, it may foreclose the possibility of terminating Eden Prairie Road if that is deemed desirable. Again, the City Planner, City Engineer, Police Chief and Fire Chief can advise you of the history and their views on the question of terminating Eden Prairie Road. Third, we are concerned that the purpose of the driveway is not to serve uses peiinitted by the rural zoning character of the site, but rather to further the aim of constructing a residence on the site. That issue, of course, was the focus of the previous hearings in 1995 and 1999. If that is the case, then all of the issues addressed in our previous correspondence become relevant. Principal issues include: safety; protection of the bluff (of which the site fou ns a part); inappropriate zoning; lack of access to sewer and water; construction outside the MUSA line; and similar considerations. Conclusion We assume that you will have the advice of the City staff, and, if appropriate, the City Attorney, to guide you with respect to the considerations that are pertinent to your deliberations and advice to the City Council. With that in mind, we thank you for your consideration of our views, and we regret that we will not be able to attend your meeting. - - Very truly yours, I 60- Dean and Karen Edstrom 10133 Eden Prairie Road Eden Prairie, MN 55347 July 13, 1995 City of Eden Prairie City Center 8080 Mitchell Road Eden Prairie, MN 55344 Attention: Mayor and City Council Board of Appeals and Adjustments City Manager City Attorney Ladies and Gentlemen: I am writing with reference to a pending request for a variance as submitted by Stephen and Kimberly Niosi with respect to a 1.2 acre parcel located at the intersection of Eden Prairie Road and Highway 169/212 in Eden Prairie. The application is scheduled to come before the Board of Appeals and Adjustments on Thursday, July 13, 1995. I oppose the variance requested and will oppose any petition for rezoning that the applicant may submit. Since I am likely to be unable to attend the hearing, I am writing this letter to set forth my position in the matter. First, as many of you know, I have strenuously opposed the granting of variances and rezonings with respect to parcels of less than 5 acres in the rural zone of the City. Similarly, I have been concerned about the necessity to maintain the effectiveness and enforceability of the City's ordinances and provisions of the City Code relating to zoning by avoiding actions which would call into question the standards set forth in the City's ordinances or Code or the City's application of those standards. There is no question that the zoning provisions of the Eden Prairie City Code apply to the property in question and that under the Code the parcel is zoned as a "rural"property. The purposes of the zoning provisions of the City Code are stated as follows (emphasis added): SECTION 11.01. OBJECTIVES. This Chapter is adopted to protect and to promote the public health, safety, peace, comfort, convenience, prosperity, and general welfare, and specifically to achieve the following objectives: City of Eden Prairie July 13, 1995 Page 2 (1) to assist in the implementation of the City Comprehensive Guide Plan as amended; (2) to foster a harmonious, convenient workable relationship among land uses (3) to promote the stability of existing land uses that conform with the Guide Plan and to protect them from inharmonious influences and harmful intrusions (4) to insure that public and private lands ultimately are used for the purposes which are most appropriate and most beneficial from the standpoint of the City as a whole; (5) to prevent excessive population densities and over-crowding of the land with structures; (6) to promote a safe, effective traffic circulation system; (7) to foster the provision of adequate off-street parking and off-street truck- loading facilities; (8) to facilitate the appropriate location of community facilities and institutions; (9) to provide human and physical resources of sufficient quantity and quality to sustain needed public services and facilities; (10) to protect and enhance real property values and, (11) to safeguard and enhance the appearance of the City, including natural amenities of hills,woods, lakes, and ponds. With respect to parcels in the rural zone,the Code establishes particular purposes and uses as follows (emphasis added): SEC. 11.10. R-RURAL DISTRICT. Subd. 1. Purposes. The purposes of the R-Rural District are to: (1) Prevent premature urban development of certain lands which eventually will be appropriate for urban uses, until the installation of drainage works, streets, utilities, and community facilities and the ability to objectively determine and project appropriate land use patterns makes orderly development possible; City of Eden Prairie July 13, 1995 Page 3 (2) Permit the conduct of certain agricultural pursuits on land in the City; (3) Ensure adequate light, air, and privacy for each dwelling unit, and to provide adequate separation between dwellings and facilities for housing animals. Subd. 2. Peiniitted Uses. A. Agriculture, accessory and related uses. B. Public facilities and services. C. Single family detached dwellings and accessory structures on parcels of not less than 10 acres. D. Single family detached dwellings and accessory structures on parcels of five or more acres, as of July 6, 1982. E. Commercial stables. F. Golf courses. It is also pertinent to note the general purposes for which municipal planning, including zoning ordinances, are authorized. Minnesota Statutes Section 462.351 provides as follows (emphasis added): 462.351. Municipal planning and development; statement of policy. The legislature finds that municipalities are faced with mounting problems in providing means of guiding future development of land so as to insure a safer, more pleasant and more economical environment for residential, commercial, industrial and public activities, to preserve agricultural and other open lands, and to promote the public health, safety, and general welfare. Municipalities can prepare for anticipated changes and by such preparations bring about significant savings in both private and public expenditures. Municipal planning, by providing public guides to future municipal action, enables other public and private agencies to plan their activities in harmony with the municipality s plans. Municipal planning will assist in developing lands more wisely to serve citizens more effectively, will make the provision of public services less costly, and will achieve a more secure tax base. It is the purpose of sections 462.351 to 462.364 to provide municipalities, in a single body of law, with the necessary powers and a uniform procedure for adequately conducting and implementing municipal planning. City of Eden Prairie July 13, 1995 Page 4 The grant of a variance or rezoning with respect to the parcel in question would contravene the basic provisions and purposes of the zoning provisions of the City Code in several respects. The principal objections are set forth below. I. INAPPLICABILITY OF THE VARIANCE PROCEDURE The parcel in question is 1.2 acres in size. The applicant requests a variance which would permit the construction of a residential dwelling on the parcel. Under the City Code a variance is not a proper procedure to peiinit the construction of a dwelling on a parcel of such size in the rural zone. This is because the size limitation, whether 5 acres or 10 acres, as the case may be, is contained in the permitted use description in the provisions of Section 11.10 of the Code, which use is not subject to change by the variance procedure. The definition of"variance" in Section 11.02(52) of the Code is as follows (emphasis added): 52. "Variance". A modification or variation of the provisions of this Chapter as applied to a specific piece of property, except that modification in the allowable uses within a district shall not be considered a variance. Moreover, Section 11.76 of the Code relating to the jurisdiction of the Board of Appeals and Adjustments states as follows (emphasis added): SEC. 11.76. VARIANCES. Subd. 1. Purposes and Authorization. Variance from the literal provisions of this Chapter may be granted in instances where the strict enforcement of those provisions would cause undue hardship because of circumstances unique to the individual property under consideration, and such variances may be granted only when it is determined that such action will be in keeping with the spirit and intent of this Chapter. "Undue hardship" as used in connection with the granting of a variance means the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls, the plight of the landowner, and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of this Chapter. Undue hardship also includes, but is not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered construction as defined by statute when in harmony with this Chapter. The Council may not permit as a variance any use that is not permitted under this Chapter for property in the zone where the affected person's land is located. The Council may permit as a variance the temporary use of a City of Eden Prairie July 13, 1995 Page 5 one family dwelling as a two family dwelling. The Council may impose conditions in the granting of variances to ensure compliance and to protect adjacent properties. Section 2.11 of the City Code relating to the organization and duties of the Board of Adjustments and Appeals contains yet a third statement of this limitation on the power of the Board. The general statutory authority for a Board of Appeals and Adjustments to make determinations with respect to variances is provided in Minnesota Statutes Section 462.354, Subd. 2, and Minnesota Statutes Section 462.357, Subd. 6, as follows (emphasis added): Subd. 2. Board of adjustments and appeals. The governing body of any municipality adopting or having in effect a zoning ordinance or an official map shall provide by ordinance for a board of appeals and adjustments. The board shall have the powers set forth in section 462.357, subdivision 6 and section 462.359, subdivision 4. Except as otherwise provided by charter, the governing body may provide alternatively that there be a separate board of appeals and adjustments or that the governing body or the planning commission or a committee of the planning commission serve as the board of appeals and adjustments, and it may provide an appropriate name for the board. The board may be given such other duties as the governing body may direct. In any municipality where the council does not serve as the board, the governing body may, except as otherwise provided by charter, provide that the decisions of the board on matters within its jurisdiction are final subject to judicial review or are final subject to appeal to the council and the right of later judicial review or are advisory to the council. In any municipality in which the planning agency does not act as the board of adjustments and appeals, the board shall make no decision on an appeal or petition until the planning agency, if there is one, or a representative authorized by it has had reasonable opportunity, not to exceed 60 days, to review and report to the board of adjustments and appeals upon the appeal or petition. Subd. 6. Appeals and adjustutents. Appeals to the board of appeals and adjustments may be taken by any affected person upon compliance with any reasonable conditions imposed by the zoning ordinance. The board of appeals and adjustments has the following powers with respect to the zoning ordinance: City of Eden Prairie July 13, 1995 Page 6 (1) To hear and decide appeals where it is alleged that there is an error in any order, requirement, decision, or determination made by an administrative officer in the enforcement of the zoning ordinance. (2) To hear requests for variances from the literal provisions of the ordinance in instances where their strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration, and to grant such variances only when it is demonstrated that such actions will be in keeping with the spirit and intent of the ordinance. "Undue hardship' as used in connection with the granting of a variance means the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls, the plight of the landowner is due to circumstances unique to his property not created by the landowner, and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the ordinance. The board of appeals and adjustments or the governing body, as the case may be, may not permit as a variance any use that is not permitted under the ordinance for property in the zone where the affected person's land is located. The board or governing body, as the case may be, may impose conditions in the granting of variances to insure compliance and to protect adjacent properties. Thus, our initial objection to this proceeding is based upon the fact that the requested variance would constitute a variance in the use regulations for the rural district. The foregoing provisions clearly state that the power to grant variances does not extend to use regulations, and it is quite clear that the power of the Board does not extend to peimit a variance with respect to the request made in this instance. The appropriate procedure which the applicant would be required to pursue in order to construct a dwelling on the parcel in question is an application for rezoning rather than the variance procedure. As I have stated earlier, I would oppose a petition for rezoning of the parcel to any residential zoning classification as well. There are several reasons why no change, either by way of variance or zoning, should be peimitted. These reasons are set forth in the remaining sections of this letter. II. APPLICANT HAS NO LEGAL RIGHT TO A VARIANCE OR REZONING The owners of the property have no grandfather or other rights which would override the zoning provisions of the City Code. The present owners acquired the parcel sometime in 1984 or later. Ordinance No. 135 which sets forth the 5 acre minimum requirement for parcels in the rural zone was adopted in November, 1969. It is settled law that a purchaser is deemed to City of Eden Prairie July 13, 1995 Page 7 have knowledge of applicable zoning ordinances in effect at the time that he acquires the property. The fact that a purchaser may not have known of the ordinance, or misunderstood its applicability, or was misled with respect thereto, has no bearing on the applicability of the ordinance or the rights of the municipality or the adjacent owners to enforce the ordinance. State v. Modern Box Makers. Inc., 217 Minn. 41, 13 N.W.2d 731 (1944); State ex rel. Howard v. Village of Roseville, 244 Minn. 343, 70 N.W.2d 404 (1955). The history of the parcel in question also demonstrates the lack of any equitable or grandfather rights in the purchaser. The parcel was originally attached to the 1 .3 acre parcel immediately to the east and was beneficially owned by one individual. Prior to the division of the property and transfer of the easterly parcel in 1964, the overall property was large enough on which to construct a single family residence in a rural district under the zoning ordinance then in effect which required a minimum of 2.5 acres for residential construction in the rural zone. The parcel in question has been sold at least three times since the division of the property and at least twice since the 5 acre minimum was adopted by the City. (The easterly parcel, of which my wife and I are the present owners, remains vacant land.) Neither the division of the parcels in 1964 nor the subsequent separate sales of the parcel in question could create any special rights in the purchaser under the zoning ordinances in effect at the times in question. Olsen v. City of Hopkins, 288 Minn. 25, 178 N.W.2d 719 (1970). Rather, the fact that a parcel was in common ownership with abutting property at the time of the adoption of a restrictive zoning ordinance affirmatively defeats any claim of right or hardship with respect to such parcel. Dedering v. Johnson, 307 Minn. 327, 239 N.W.2d 913 (1976). See also Vetter v. Zoning Board of Appeal of Attleboro, 116 N.E.2d 277 (Sup. Jud. Ct. Mass. 1953); Raia v. Board of Appeals of North Reading, 347 N.E.2d 694 (App. Ct. Mass. 1976). Even if the purchaser misunderstood or was misled with respect to the applicability of Ordinance No. 135 or the City Code or the availability of a building permit, no estoppel or equitable arguments will overcome the fundamental rights of the City and adjacent owners to enforce the provisions and purposes of the Ordinance and City Code. Kiges v. City of St. Paul, 240 Minn. 522, 62 N.W.2d 363 (1953); Arcadia Development Corp. v. City of Bloomington, 267 Minn. 221, 125 N.W.2d 846 (1964); Jasaka Company v. City of St. Paul, 309 N.W.2d 40 (1981). Furthermore, even if the owner had expended significant funds on the property, or paid more than the property was worth in view of the zoning provisions in effect on the date of purchase, no relief for the owner is warranted under the law. State ex rel. Howard v. Village of Roseville, supra; Newcomb v. Teske, 225, 30 N.W.2d 354 (1948); McCavic v. DeLuca, 233 Minn. 372, 46 N.W.2d 873 (1951). See also Kiges v. City of St. Paul, supra; Raia v. Board of Appeals of North Reading, supra. City of Eden Prairie July 13, 1995 Page 3 III. POLICY CONSIDERATIONS The City must also, of course, consider the impact on it and its residents of permitting growth contrary to the City Code in rural areas. Such growth would (1) be inconsistent with the City's Comprehensive Guide Plan, (2) contravene the policies of the Metropolitan Council which discourage development in areas not served by water and sewer facilities, and (3) make more likely pollution problems as a consequence of the proximity of private septic facilities to wells in the porous soil that is typical of the area. These are some of the relevant considerations of health, safety, order, convenience and general welfare which form the basis of the purposes of the Rural District designation in the City Code and which foini the basis for the enforcement thereof and the denial of non-confolithng uses on property covered thereby. The application must be judged in terms of the specific criteria set forth in the enabling legislation and City Code in order for any variance to be proper. It is our position that under these criteria, the grant of the variance would be grossly improper. Minnesota Statutes Section 462.357, Subd. 6, which sets forth the powers of the Board of Appeals and Adjustments, specifically provides that variances may be granted only where the strict enforcement of the literal provisions of the ordinance "would cause undue hardship because of circumstances unique to the individual property under consideration" and "only when it is demonstrated that such action will be in keeping with the spirit and intent of the ordinance." It is appropriate here to refer you again to the purposes of the zoning provisions of our City Code, contained in Section 11.01 of the Code, to the particular purposes and uses permitted for parcels in the rural zone, contained in Section 11.10 of the Code, and to the general purposes for which principal planning is authorized, contained in Minnesota Statutes Section 462.351. Each of these provisions are set forth on pages 1-3 of this letter. Your attention is particularly directed to the underlined portions of those provisions. In effect, there are three principal criteria required to be met under the Code and state statute in order to grant a variance. The burden is on the applicant to establish the satisfaction of each of these conditions. We do not believe the applicant can sustain his position with respect to any of these criteria. The criteria, and pertinent considerations related to each of them, are as follows: 1. Strict interpretation or enforcement would result in an undue hardship, and the cost of compliance cannot be the sole reason to grant a variance. This test needs to be measured in terms of the intent of the ordinance. Here, refusing the variance would effectuate the very purposes of the ordinance as set forth in Sections 11.01 and 11.10 of the City Code. Any hardship created to the applicant would be consistent with, City of Ed en Prairie July 13, 1995 Page 9 rather than inconsistent with, the intents and purposes of the Code and the City's Comprehensive Guide Plan. Whatever hardship the applicant may incur is self-created. The 5 acre minimum size requirement of the ordinance was m effect at the time the applicant purchased the property. It is well settled that ignorance of an ordinance or its provisions does not create any special right to relief from those provisions. In fact, the grant of a variance in this case would very likely create a windfall through the significant appreciation of the value of the property. To allow a variance in such a case would completely reverse and debase the variance standards of the Code. 2. There are circumstances unique to the individual property which create a practical difficulty or unnecessary physical hardship. There are no unique circumstances which apply to the property in question. The property is not of an unusual configuration as in many variance requests, and the nature of the terrain is not the circumstance which motivates the request. The fact that the parcel falls far short of the basic minimum requirements of the Code is neither the type of unique circumstance contemplated by the ordinance nor is it unique to this property. The hardship, if any, in this case is a legal impediment under the Code, not a practical difficulty or physical hardship. There are several other parcels even in the immediate area which would no doubt apply for similar variances if this one is granted. There is nothing different about this parcel which distinguishes it from all other surrounding undeveloped land, all of which is being held subject to the same restrictions in the Code that apply to this parcel. Enforcement of the Code would not deprive the applicants of the use of their land in any arbitrary manner. Other developed parcels in the area, at the time they were developed, complied with the 5 acre standard of Ordinance No. 135 or with the standards imposed by the ordinances in effect at the time those properties were developed. In fact, the grant of a variance in this case would constitute a special privilege because all other owners had to comply with the minimum size requirements under Ordinance No. 135 or prior ordinances. In many cases, this necessitated the acquisition of sufficient acreage to enable the construction of a home. It would also constitute a special privilege vis-a-vis holders of large tracts of undeveloped land in the area who could reasonably argue that based upon the grant of a variance to the applicant, they should be entitled to divide their properties into parcels of less than 5 acres as well. City of Eden Prairie July 13, 1995 Page 10 3. Any variance granted must be in keeping with the spirit and intent of the provisions of the Code and consistent with the objectives of the zoning chapter in the Code. In this case, the spirit and intent of the zoning provisions of the City Code are set forth in the objectives of the zoning provisions in Section 11.01 and Section 11.10 of the City Code quoted above. The proposed variance would do violence to those purposes in the following manner: a. It, and similar requests for variances which have been made in the past and would certainly arise again in the future, would disrupt the orderly development of the City by increasing growth in an area not suited for present development under the Comprehensive Guide Plan. b. It would be inconsistent with and destabilize existing land uses in the area. c. It would be premature in view of the lack of water, sewer and improved road services. d. The location of a private driveway access on the steep curve of Eden Prairie Road would make even more dangerous that already very accident-prone roadway. This would be particularly true in the winter when the hill where the driveway would be located is rendered exceedingly dangerous by the presence of compacted snow and ice. No sight line distance is enough in such conditions. The driveway configured on the applicants' site plan, with a grade that appears to exceed greatly the stated 12% average grade where it meets Eden Prairie Road, would create a major hazard to both users of the driveway and traffic on the road. e. It would have a negative impact on existing real property values by an adverse impact on residences in the vicinity. First, septic facilities established by the applicants and by potential similar applicants could have a hainiffil effect on the well water currently used by all of the residents of the area. Secondly, development of this and similar acreage could have a generally adverse effect on groundwater, wells and springs in the porous soil of the area. f. It would represent an intrusion into a naturally rural, wooded and grassland bluff area. The parcel is part of sensitive bluff lands which the City has identified to be of natural and environmental significance. The slope of the site and nature of the soils on the parcel make it unsuitable for any form of construction. The positioning of a residence on the site and the provision of driveway access would require major alteration to the terrain, further exacerbating the fragility of the slope and soils, particularly in areas downslope from structures City of Eden Prairie July 13, 1995 Page 11 and impervious surfaces. Existing residences in the area are, for the most part, set back from the actual bluff slope and constructed on far more stable soils. g. It would generate premature urban development prior to the installation of adequate water, sewer, drainage, streets, utilities and other facilities and be inconsistent with the orderly development of the community. h. This type of development would make necessary on a much more immediate time schedule water and sewer facilities and improved roads, the availability of which is not presently assured. i. It, and similar requests, would hasten the demise of agricultural pursuits in the southwestern area of Eden Prairie. It is also pertinent in this connection to consider the impact of the policies of the Metropolitan Council on this matter. The tract in question is outside the metropolitan urban service area. It remains uncertain whether urban sewage facilities will be extended to this parcel. The Metropolitan Council has made clear that it expects municipalities to cooperate in discouraging unwarranted development of areas outside the urban service area. The acts of the legislature establishing and empowering the Metropolitan Council should be taken into account by the City in any determination which would have a negative impact on the policies of the Metropolitan Council. The City must also be aware that in the event a petition for variance or rezoning is allowed in this instance, doubt could be cast upon the City's willingness to enforce the zoning provisions of the Code with respect to other parcels in the rural zone which do not comply with the City Code. I understand that there may be as many as 10 to 15 such parcels in the City, including several in the immediate neighborhood of the parcel in question and in the sensitive bluff area of the southerly portion of the City. While it is our position that no failure on the part of the City to enforce the provisions of the Code should have any impact on the enforceability of the Code in other instances, it would certainly not be wise policy to invite attack by failing to give effect to the Code. IV. REMEDIES FOR ADJACENT LANDOWNERS The grant of a variance and issuance of a building permit by the City under these circumstances would be void and could be contested by adjacent landowners. As stated in Lowry v. City of Mankato, 231 Minn. 108, 42 N.W.2d 553 (1950): A building permit issued in violation of a zoning ordinance by an official lacking power to alter or vary the ordinance is void, and a zoning regulation may be enforced notwithstanding the fact that the peimittee may have commenced City of Eden Prairie July 13, 1995 Page 12 building operations. The reason given for the rule by the authorities is that both the granting of a permit and the varying of a zoning restriction involves the exercise of governmental power, which cannot be exercised by an officer upon whom it has not been conferred or set at naught by the action of a property owner proceeding in defiance thereof. A private property owner injured by the violation, as here, is entitled to injunctive relief. As stated in State ex rel. Howard supra.: The principles governing the situation are well established. Generally, it is held that, where a permit has been issued by an authorized officer under a mistake of fact and contrary to zoning ordinances, it confers no privilege on the person to whom it is issued and even though the latter may have taken some action thereunder with the incurment of expenses, it may, nevertheless, be revoked." V. POSITION OF THE CITY In view of the foregoing discussion, we believe that the position the City of Eden Prairie should take in this matter is one which upholds the validity of the City Code and does not place a burden of enforcement of the City Code on residents of the City. The burden to contest the position of the City should be placed on the person who disputes the validity of the City Code, not on those who seek to enforce it. The position which the City of Eden Prairie should adopt in this matter is based on the facts that (1) there is no language in the zoning provisions of the City Code which entitle the applicant to secure a variance or building permit since the parcel does not comply with the minimum required by the Code, and (2) nothing in the Code provides for or suggests the existence of any grandfather rights which would apply to purchasers of a parcel of less than 5 acres in size subsequent to the effectiveness of Ordinance No. 135. As stated above, there are no grandfather or other equitable rights recognized in the law which would apply in these circumstances. Moreover, it is our position that no prior action or statement by the City staff which may have been inconsistent with the Ordinance overrides the applicability of the Code or the right of the City or its residents to enforce it. If the City, through some fear of litigation or otherwise, fails to enforce the Code, the consequences would be both unfortunate and incongruous. First, it would require residents opposing a variance or building permit to sue the City to enforce their rights. Second, as you may be aware, an injunction action normally requires the posting of a bond which could be both sizable and expensive, a burden which should not be placed on residents seeking to enforce the City Code. Finally, it would leave the position of the City in the action ambiguous at best. What would the City do?Remain passive in the action because it had no firm view of the law City of Eden Prairie July 13, 1995 Page 13 on the matter? It would seem incongruous for the City to take action and then not defend that action in court. But, it would be equally incongruous for the City to take an active role in seeking to defeat the applicability of its own Code when the requirements of the Code are clear. These incredible results would be due to a failure on the part of the City to determine its course of action solely on the basis of well supported legal considerations. Allow me to summarize our views in this matter. First, the variance procedure is inappropriate under the law for the request being made. A request for rezoning is the only applicable procedure under the City Code and state law. Second, it is our position that the zoning provisions of the City Code ought to be enforced by the City in terms of the plain words and policies contained therein. Third, the grant of a variance or rezoning in this case would do violence to the policies of health, safety and welfare underlying the zoning provisions of the City Code and would be improper under the provisions of Minnesota law relating to variances. Fourth, the practical effects on the City and on nearby residents of a grant of a variance or rezoning would be harmful. Fifth, as set forth above, under the law no prior inconsistent activity on the part of the staff of the City can have any bearing on the applicability of the Code. Sixth, if the applicants for the permit intend to assert some constitutional or other equitable right which they allege should make the Code inapplicable, they should be required to establish that right through a mandamus action commenced by themselves. Seventh, perhaps most important, the City should not put Eden Prairie residents in the position of having to enforce the provisions of the City Code. Enforcement of the City Code is the business of the City administration, and it should not abdicate that responsibility or burden to its residents. Finally, we believe it is the responsibility of the City to make a conclusion with respect to this matter on the basis of the law applicable, not based on determinations of what its past practices may have been, not in terms of assertions by the applicant not supported in the law, not due to "trade-offs" with the applicant, and not in terms of tactical or expense considerations with respect to any litigation which may ensue. If you have any questions regarding this letter or our position in the matter, please feel free to contact me. Thank you for your consideration of our views on this matter. Very truly yours, Dean R. Edstrom cc: Dr. and Mrs. Ralph R.Nielson Mr. and Mrs. Jack Provo Mr. and Mrs. Richard Knight Mr. James Van Winkle Mr. and Mrs. Hibbert Hill, Jr. DRE:88812:hl 10133 Eden Prairie Road Eden Prairie, MN 55347 January 14, 1999 City of Eden Prairie City Center 8080 Mitchell Road Eden Prairie, MN 55344 Attention: Board of Appeals and Adjustments Ladies and Gentlemen: I am writing with reference to a pending request for a variance as submitted by Stephen and Kimberly Niosi with respect to a 1.2 acre parcel located at the intersection of Eden Prairie Road and Highway 212 in Eden Prairie. The application is scheduled to come before the Board of Appeals and Adjustments on Thursday, January 14, 1999. I oppose the variance requested and will oppose any petition for rezoning that the applicant may submit. The request in question is substantially identical to a request made and heard by the Board of Appeals and Adjustments on July 13, 1995. The Board denied the request at that time. The proponent appealed the decision of the Board to the City Council and the City Council denied the request on September 5, 1995. In addition to considerations which I will address orally at your meeting this evening, I am enclosing for your reference a copy of my letter to the City dated July 13, 1995 which deals with some of the major legal and policy issues relevant to the request and which the Board and City Council considered in 1995. Thank you for your consideration of our position on this request. Very truly yours, Dean R. Edstrom cc: Dr. and Mrs. Ralph R. Nielson Mr. and Mrs. Jack Provo Mrs. Donna Knight Mr. and Mrs. James Van Winkle Mr. and Mrs. Hibbert Hill, Jr. 10133 Eden Prairie Road Eden Prairie, MN 55347 March 16, 1999 Mayor Jean Harris City Council Members Sherry Butcher-Younghans, Ron Case, Ross Thorfinnson, Jr. and Nancy Tyra-Lukens City of Eden Prairie City Center 8080 Mitchell Road Eden Prairie, MN 55344 Ladies and Gentlemen: I am writing with reference to a pending appeal of a denial of a request for a variance originally submitted by Stephen and Kimberly Niosi, which was assumed by new owners Perry and Michelle Ryan, with respect to a 1.2 acre parcel located at the intersection of Eden Prairie- Road and Highway 212 in Eden Prairie. The original request was denied by the Board of Appeals and Adjustments on January 14, 1999. The appeal is scheduled to come before the City Council on Tuesday, March 16, 1999. My wife and I oppose the variance requested and will oppose any petition for rezoning that the applicant may submit. The request in question is substantially identical to a request made and heard by the Board of Appeals and Adjustments on July 13, 1995. The Board denied the request at that time. The proponent appealed the decision of the Board to the City Council and the City Council denied the request on September 5, 1995. In addition to considerations which I will address orally at your meeting, I understand that you have a copy of my letter to the City dated July 13, 1995 which deals with some of the issues relevant to the request which the Board and City Council considered in 1995. Thank you for your consideration of our position on this request. Very truly yours, Dean R. Edstrom cc: Dr. and Mrs. Ralph R.Nielson Mr. and Mrs. Jack Provo Mrs. Donna Knight Mr. and Mrs. James Van Winkle Mr. and Mrs. Hibbert Hill, Jr. Variance Request #1999-01 10197 Eden Prairie Road—29-116-22-43-0006 This Variance Request was denied at Board of Adjustments and Appeals 01-14- 1999 and appealed at the City Council 03-16-1999. This packet includes: Board of Adjustment and appeals minutes 01-14-1999 City Council appeals minutes 03-16-1999 City Council minutes dated 04-20-1999 Planning Staff report dated 01-14-1999 Memo from Engineering dated 12-30-1998 Memo from Engineering dated 08-30-1995 Supplemental Planning Staff Report dated 04-14-1999 Final Order 1999-01 (denial) Public hearing notice Variance 1999-01 G:\Planning\Staff Documents\Steve\Research\Variance Request 1999-01 cover.doc ............................. ......:....:... VARIANCE: #99-01 MEETING DATE: January 14, 1999 APPLICANT: Stephen&Kimberly Niosi LOCATION: Northeast corner of Eden Prairie Road&Highway 212..PIN 29-116-22-43- 0006 REQUEST: Approval to construct a single family home on 1.2 acres having a side yard setback of 20 feet (city code requires Rural lots existing as of July 6, 1982 to be a minimum size of 5 acres for a single family dwelling and the minimum side yard setback is 50 feet) ZONING DISTRICT: Rural AREA CHARACTER: Rural parcels ranging in size from 1 to 20 acres. The purpose of lot size minimums in the Rural District is to prevent premature urban development of land outside the sewer/water service area, allow agricultural pursuits, and provide adequate space for each dwelling and facilities for housing animals. The closest RI District and sewer and water lines are approximately one mile away. The lot is characterized by steep grades along Eden Prairie Road and US 169/212. The lot is mainly Salida soils. The soil is characterized as non-cohesive, easily erodible and difficult to stabilize. BACKGROUND: • Attached is 1995 information on Variance 95-23 by Niosi's. • A new Engineering Department memo is also included. APPLICANT'S STATED HARDSHIP: See applicants material dated December 10, 1998. OPTIONS: -Delay building until after utilities are available and the property is rezoned to a Rl District. This would negate the need for lot size and setback variances. -Acquire additional land to lessen the degree of variance and improve safety issues related to the driveway. -Design a structure, driveway and drain field having less impact on the erodible soils/slopes and safe use of Eden Prairie Road. ACTION: The Board may wish to choose from one of the following actions: 1. Approve Variance Request#99-01 as submitted 2. Approve Variance Request#99-01 with conditions. (See paragraph below) 3. Continue Variance Request#99-01 if additional information is needed. 4. Deny Variance Request#99-01 (see paragraph below) If the Board chooses to approve the variance, staff recommends the following conditions be met prior to building permit issuance: 1. Slope ground review and approval via City Commissions and Council be received. 2. Required land alterations and tree replacement permit and bonds be submitted. 3. A scenic easement document acceptable to city to be filled upon the steep slopes of the property. 4. Necessary road right-of-way along Eden Prairie Road be dedicated to the city. If the Board chooses to deny the variance, the following findings and conclusions may apply: 1. The applicant failed to demonstrate an unnecessary hardship if the variances were not granted. 2. The property circumstances were self created. 3. The applicants have not demonstrated that denial of the variances will deprive them of all reasonable uses of the property. 4. The driveway movements created will be hazardous to owner and the publics' health, welfare and safety,particularly during winter conditions. 5. Granting the requested variances will set precedent contrary to the city's Rural District purpose and intent. Ba,bVeantboat9901.sr - - MEMORANDUM - TO: Jean Johnson, Zoning Administrator FROM: Rodney W. Rue, Assistant City Engineer I,JR DATE: December 30, 1998 SUBJECT: Niosi Variance Request The purpose of this memorandum is to provide an update to the Niosi variance request memorandum dated August 30, 1995. All of the issues outlined in the previous memorandum are still valid. However, based on the latest proposal, we are providing the following comments: • The traffic volume counted on this portion of Eden Prairie Road in 1997 has not changed significantly from the 1995 traffic volume. • The driveway location still creates a dangerous situation for anyone trying to access this property, as well as introduces a driveway conflict for the traveling public in a historically high accident area. In particular, if a vehicle is trying to turn left into or out of this property, it would be very difficult for a southbound vehicle to react to that turning vehicle and possible have to stop (due to the sight lines, steep grades, narrow roadway and the sharp curve). • Based on recent accident information, this portion of Eden Prairie Road continues to have a high number of accidents. In 1995,there were seven reported accidents along the first 1,000 feet of Eden Prairie Road (north of Trunk Highway 212) with the number of accidents dropping to two in 1996 and 1997. Our opinion remains that the steep grade combined with the horizontal curves and narrow roadway contributes to many of these accidents. • This proposal is similar to the 1995 proposal with proposed sight lines in the 250 to 300-foot range. A sight distance of 300 feet is considered minimum for adequate access to or from a street or driveway based on vehicles traveling at about 30 miles per hour. Every attempt should be made to improve the sight line to the east to minimize conflicts (as previous described) for vehicles traveling southerly along Eden Prairie Road. If this variance request is approved, we would request the opportunity to review and approve the site plan for issues such as drainage, grading, erosion control, landscaping, etc. RR:ssa CITY OF EDEN PRAIRIE Engineering Services, Department of Public Works - MEMORANDUM - TO: Mayor and City Councilmembers THROUGH: Jean Johnson, Community &Economic Development Department FROM: Rodney W. Rue,Assistant City Engineer DATE: August 30, 1995 SUBJECT: Stephen and Kimberly Niosi Variance Request The purpose of this memo is to provide additional information and clarification regarding the Niosi variance request for their property along Eden Prairie Road near Trunk Highway 169. We have completed some further review regarding their proposed driveway Iocation and have the following information/comments: • This portion of Eden Prairie Road currently has ahetit 1,900 vehicles per day (based on a recent count) traveling on it, with some Iarge trucks observed duting_our-fr51a visits. We also completed a brief speed study near this property on Eden Prairie Road and determined that the average speed for northbound (uphill) 'raffle was about 26 mph, while the southbound (downhill)traffic was traveling at about 27 mph. • The current alignment of Eden Prairie Road in this area contains a moderately sharp curve with a very steep (14%) grade down to Trunk Highway 169. In addition, the original driveway Iocation was proposed to be located near the middle of the curve with a steep (12%) driveway grade intersecting the 14% street grade. This would create a very difficult/dangerous situation for this property owner to access or leave the property,particularly during inclement conditions. It also introduces a driveway conflict for the traveling public in an area that has historically been a high accident area. The proponent has subsequently looked at relocating the driveway access further to the north, which would improve the driveway grade for this proposed house. • We have reviewed the 1993 and 1994 annual accident reports that we receive from the Minnesota Department of Transportation. During this two-year period, there have been a total of 13 accidents at the intersection of Eden Prairie Road and Trunk Highway 169. In addition,there were 11 more accidents that occurred during that same two-year period within the first 600 feet of Eden Prairie Road from its intersection with Trunk Highway 169. In 1993 alone, there were eight accidents that occurred along this portion of Eden Prairie Road with seven of those accidents being either side-swipes or vehicles that ran off the road. Our opinion is that the steep grade combined with the horizontal curve and narrow road cgrr-idor co i5utes to many of these accidents. • In addition to the current roadway geometries, the.lack of sight distance also contributes to the unsafe conditions of this area. The existing sight distance ih this area is very poor due to a steep slope adjacent to the road, which also contains some thick vegetation. The site plan does propose some grading on the property to improve the sight lines. Howeylr; the sight distance for a vehicle accessing Eden Prairie CrrY OF EDEN FRAME Engineering Division, Department of Public Works Steven and Kimberly Niosi Variance Requ4st August 30, 1995 Page 2 of 2 Road from the proposed driveway (based on the original plan) with the grading improvements is about 140 feet, at best. The proponent recently submitted a new site plan with a different driveway location, which does improve the sight distance to about250 feet. Based on the AASHTO(American Association of State Highway and Transportation Officials)Policy on Geometric Design of Highways and Streets and the criteria used to analyze the sityati n,the sight distance required for this driveway should be about 300 feet in each direction. In conclusion, this portion of Eden Prairie Road carries a high volume of traffic on a daily basis with pooc geometrics and a high number of accidents for a city street. By adding a driveway in this area only introduces another conflict to an already dangerous roadway. However, if dramatic improvements in the sight distance are accomplished for the proposed driveway, there would likely be some benefits to the traffic on Eden Prairie Road as well. Therefore, if a house is approved for this site, we would recommend that the driveway be located as per the revised site plan and the site would be graded to achieve sight distance for the proposed driveway access as close to 300 feet in each direction as possible. Furthermore, the site plan would need to be reviewed and approved for issues such as drainage, grading,erosion control, landscaping, etc. RWR:ssa Dsk:RR.Niosi CrrY OF EDEN PRAIRIE DO Engineering Division, Department of Public Works SUPPLEMENTAL STAFF REPORT: To January 14, 1999 Board of Adjustments and Appeals Staff Report TO: Mayor and City Council FROM: Jean Johnson,Zoning Administrator DATE: April 14, 1999 SUBJECT: Ryan Variance 99-01 Appeal APPLICANT/ OWNER: Perry and Michelle Ryan LOCATION: 1.23 Acres Northeast Corner of Eden Prairie Road and Highway 212,PIN 29-116-22-43-0006 VARIANCE REQUEST AND APPEAL: Approval to construct a single family home on 1.2 acres having a side yard setback of 20 feet (City Code requires Rural lots existing as of July 6, 1982 to be a minimum size of 5 acres for a single family dwelling and the minimum side yard setback is 50 feet). BACKGROUND: A request for Variance 99-01 was made by Stephen and Kimberly Niosi to approve construction of a single-family dwelling having a side setback of 20 feet on one side and 140 feet total for both sides on an existing 1.2 acre parcel (the "Niosi parcel") in the Rural District notwithstanding the requirements of City Code,Chapter 11, Section 11.10 requiring parcels to be a minimum size of ten (10) acres or five (5) acres as to those existing as of July 6, 1982 and Section 11.03 requiring minimum side setbacks of 50 feet for one side and no less than 150 feet total for both sides. The request was scheduled for the Board of Adjustments and Appeals meeting of January 14, 1999. At that meeting, Mr. Perry Ryan appeared and identified himself and his wife as the new owners of the property. Mr.Perry Ryan presented the request to the Board. The Board identified five reasons to deny the variance. The findings are here listed below and the final order is attached: a. The applicant failed to demonstrate an unnecessary hardship if the variances were not granted. b. The property circumstances were self created. c. The applicants have not demonstrated that denial of the variances will deprive them of all reasonable uses of the property. d. Granting the requested variances will set precedent contrary to the City's Rural District purpose and intent. e. The driveway movements created will be hazardous to owner and the publics' health, welfare and safety,particularly during winter conditions. 3 Ryan Variance 99-01 Appeal April 4, 1999 Page 3 5. To ameliorate those problems, the City adopted a Zoning Code, (Chapter 11 of the City Code). The purposes and objectives of the Zoning Code include among others: to foster harmonious land uses, to promote stability of existing land uses, to prevent excessive population densities and overcrowding of the land with structures, to promote safe traffic systems, to protect and enhance the appearance of the City's natural amenities, such as hills and woods. The specific purposes of the Rural District in which the parcel is located include the prevention of premature urban development until the installation of drainage works, streets and utilities. 6. The Ryan parcel is situated in the Rural District in which the City, beginning November 6, 1969, required a minimum of five (5) acres for the building of a single-family dwelling. In 1982, the City adopted the current City Code provision which requires not less than ten (10) acres, or not less than five (5) acres as to parcels existing prior to July 6, 1982 for single- family dwellings. 7. Prior -to June 11, 1964 the Ryan parcel was part of real property (all of which was contiguous) located in Section 29, Township 116 North, Range 22 West, owned by Mildred K. Graves, which included the Northeast Quarter of the Southwest Quarter, except the East 42 rods of the South 2 rods thereof, and also a strip one rod wide along the north line of the Northwest Quarter of the Southeast Quarter, consisting of approximately 40 acres; the Northwest Quarter of the Southeast Quarter, except the north one rod thereof, consisting of approximately 40acres; the East Half of the Southwest Quarter of the Southeast Quarter, consisting of approximately 20 acres; and the West three-fourths of the South Half of the Southwest Quarter, except that part described as follows: Commencing at the Southwest corner of the Southwest Quarter of said Section 29, running thence North 17 1/2 rods on the West line of said quarter section to a point of intersection in the center of a public road known as the Reichard Road, thence in an Easterly and Southeasterly direction along the center line of said road as now located, a distance of 120 rods to a point where the center line of said road intersects with the South line of said quarter section, thence West along the South line of said quarter section to a point of beginning,consisting of approximately 50 acres. 8. Commencing on June 11, 1964 Ms. Graves began dividing the real property by conveying several parcels. On that date she conveyed pursuant to an earlier Contract for Deed,dated January 31, 1963 and amended November 7, 1963,the East 171 feet of that part of the East %2 of the Southwest Y4 of the Southeast %a of Section 29, Township 116, Range 22, lying North of right-of-way of U. S. Highway No. 169/212 and South and East of the center line of Eden Heights Road as now traveled,consisting of 1.3 acres. 9. On October 25, 1967 Ms. Graves entered into a Contract for Deed to convey the East Half of the Southwest Quarter of the Southeast Quarter, except that part of the East Half of the Southwest Quarter of the Southeast Quarter lying north of the right-of-way of U. S. Highway -3- S- Ryan Variance 99-01 Appeal April 4, 1999 Page 5 14. The owners of the parcel have not shown that denial to them of a right to build a single- family dwelling on the parcel would deprive them of all reasonable use of their property. Pursuant to Section 11.10 of the City Code the parcel could be used for agriculture, accessory and related uses. Such uses may include truck and personal gardens, keeping of bees, horses and other agricultural uses. Small rural plots in the city are being used for vineyards, vegetable/flower growing,bee keeping,tree farms, etc. 15. The variances requested the minimum size standard of ten (10) acres (five acres for parcels existing on July 6, 1982) to 1.23 acres, is too great and is unreasonable. Granting the variance would not be within the spirit and intent of the City Code, Chapter 11. 16. Strict enforcement of City Code Section 11,.10 requiring parcels of not less than ten (10) acres or five or more acres as of July 6, 1982 for a single-family detached dwelling does not cause undue hardship because the plight of the Ryans is due to circumstances created by their predecessor in title and will. SUPPORTING DOCUMENTS: 1. Abstract of Title of Niosi parcel. 2. Contract for Deed, Mildred K. Graves to Suburban Equipment Co. dated Nov. 7, 1963, filed May 15, 1964,Documnent No. 3475166. 3. Contract for Deed, Mildred K. Graves to Benjamin A. Gingold, Jr., dated October 25, 1967. 4. Warranty Deed, Mildred K. Graves to Benjamin A. Gingold, Jr., dated October 25, 1967, file Document No. 3684837. 5. Ordinance#8. 6. Final Order,Board of Adjustments and Appeals,dated January 14, 1999. * Supporting documents will be available at the April 20, 1999, Council meeting. VARIANCE#99-01 CITY OF EDEN PRAIRIE BOARD OF ADJUSTMENTS AND APPEALS FINAL ORDER RE: Petition of Stephen and KimberlyNiosi ADDRESS: 1.2 acres in the northeast corner of Eden Prairie Road and TH 212 OTHER DESCRIPTION: 29-116-22-43-0006 VARIANCE REQUEST: Approval to construct a single family house on 1.2 acres having a side yard setback of 20 feet (City Code requires rural lots existing as of July 6, 1982 to be a minimum size of 5 acres fora single family dwelling,and the minimum side yard setback is 50 feet). The Board of Adjustments and Appeals for the City of Eden Prairie at a regular meeting thereof duly considered the above petition and after hearing and examining all of the evidence presented and the file therein does hereby fmd and order as follows: 1. All procedural requirements necessary for the review of said variance have been met. (Yes X No ) . 2 Variance Request #99-01 is herein Granted , Denied X . 3 . Findings and Conclusions in the denial of said variance are as follows: a. The applicant failed to demonstrate an unnecessary hardship if the variances were not granted. b. The property circumstances were self created. c. The applicants have not demonstrated that denial of the variances will deprive them of all reasonable uses of the property. d. The driveway movements created will be hazardous to owner and the publics' health, welfare and safety, particularly during winter conditions. e. Granting the requested variances will set precedent contrary to the City's Rural District purpose and intent. 4. A copy of this order shall be forwarded to the applicant by the City Clerk. 5. This order shall be effective January 14, 1999 ; however, this variance shall lapse and be of no effect unless the erection or alternatives permitted shall occur within one (1) year of the effective date unless said period of time is extended pursuant to the appropriate procedures prior to the expiration of one year from the effective date hereof. 6. All Board of Adjustments and Appeals actions are subject to City Council review. BOARD OF ADJUSTMENTS AND APPEALS N/A = Not Applicable BY: DATED: January 14, 1999 BARBUEAMBOA\F09901 PUBLIC HEARING NOTICE BOARD OF ADJUSTMENTS AND APPEALS MEETING Thursday,January 14, 1999 -7:30 PM City Center- 8080 Mitchell Road Eden Prairie, MN 55344 Variance: #99-01 Location: Northeast corner of US 169/212 and Eden Prairie Road (Location map is on reverse side of this notice) Applicant: Stephen and Kimberly Niosi NOTICE: You and your neighbors are invited to attend the public hearing about a variance being requested for a lot in your area. The land owner is requesting the following actions by the City: Approval to construct a single family house on 1.2 acres having a side yard setback of 20 feet(City Code requires rural lots existing as of July 6, 1982 to be a minimum size of 5 acres for a single family dwelling, and the minimum side yard setback is 50 feet). WHAT HAPPENS AT THE MEETING: The purpose of this public hearing is to inform you about the land owner's request and to obtain input from the neighborhood about this variance request. During the meeting,the Chairman will lead the public meeting through the following steps: 1) The Developer/Land Owner will present plans on the request;2)The Planning Staff will give a report;3)You,the members of the audience,will be asked for your comments; and 4)After receiving all this information,the Board will discuss the request. If the Board feels they have adequate information, input, and analysis about the request,they may take action on the proposal. QUESTIONS OR COMMENTS: If you wish to see the plans before the meeting, please stop by City Hall during office hours, 8:00 a.m.to 4:30 p.m.,Monday through Friday. If you want to talk to someone about the proposed variance,please contact Jean Johnson,Zoning Administrator,at 949-8490. If you choose to submit written comments,it is helpful to have one copy to the Planning Department in advance of the meeting. Copies will be provided to the Board members in their packets. Notice of this public hearing has also been published in the EDEN PRAIRIE NEWS on December 31, 1999. 8080 Mitchell Road o Eden Prairie,MN 55344-2230 o Telephone:(612)949-8300 EARBUEAN\BOAV9RES APPROVED MINUTES BOARD OF ADJUSTMENTS &APPEALS THURSDAY, JANUARY 14, 1999 7:30 PM, CTTY CENTER Council Chamber 8080 Mitchell Road BOARD: Kathy Nelson,William Ford, Cliff Dunham, Louis Giglio, Mary Vasaly, Michael O'Leary. STAFF: Jean Johnson,Zoning Administrator James Merrill,Recorder PLEDGE OF ALLEGIANCE CALL TO ORDER Chairperson Nelson called the meeting to order at 7:31 p.m. ROLL CALL The following members were present: William Ford, Cliff Dunham, Kathy Nelson, Louis Giglio,Mary Vasaly. Michael O'Leary arrived at 7:35 p.m.; Ismail Ismail was absent. I. APPROVAL OF AGENDA MOTION/SECOND: Giglio/Vasaly, approval of the Agenda. Motion carried 5-0. II. APPROVAL OF MINUTES A. Minutes of December 10, 1998 MOTION/SECOND: Giglio/Vasaly, approval of the minutes. Motion carried 5-0. Ill: VARIANCES A. Request 99-01 by Stephen and Kimberly Niosi for the northeast corner of US 169/212 and Eden Prairie Road for approval to construct a single family home on 1.2 acres having a side yard setback of 20 feet(city code requires Rural lots existing as of July 6, 1982 to be a minimum size of 5 acres for a single family dwelling and the minimum side yard setback is 50 feet) Perry Ryan(Ryan Engineering)home address is 430 Lafayette Avenue, Excelsior, presenting as the engineer and new owner of the lot. Mr. Ryan expressed the points that he believes are important about this property. This property was before the board in the summer of 1995. Mr. Ryan pointed out some of the changes since then. The land is currently vacant. There are some oak trees, and pine trees on the site. A portion of the property is within the MUSA. Percolation tests indicate the area is suitable for a drain field. Mr. Ryan requested the Board to approve the variance as is so the property could develop in a similar fashion as the surrounding properties. He further noted no additional land was for sale. To minimize the variance, Mr. Ryan stated one thing to be done was to take the home and move it 20 feet northerly, and that puts it at 10 percent grade on the driveway, which is still less than the city maximum allowable, which is 12 percent. If everything shifts 20 feet to the north, we can take a 20-foot conservation easement which basically goes right at the top of the slope and put a 20-foot conservation easement over the southern 20 feet of the lot. • Erosion control along the city street and HWY 212 would be a combination of silt and wood fiber blanket where appropriate. Mr. Ryan proposed the hard surface runoff will be directed north, proposing to catch the runoff from the house via gutters and direct that to the north, s_o it does not go down these slopes towards 212. Mary Vasaly inquired about the properties that were built prior to the time the five acre minimum land took effect. Mr. Ryan pointed out properties within one- eighth mile, they were all built before the five acre minimum. Referring to variance 95-24, Vasaly asked what was the hardship stated at that time, the details of granting that variance. Mr. Ryan responded there was a structure on that property, maybe an old structure. Vasaly asked Mr. Ryan to clarify his hardship. Mr. Ryan stated there are two variances, one is lot size and one is setback. The adjacent landowner will not sell additional land, which is the hardship. Jean Johnson gave her report to the Board. The two variances are the lot size 1.2 acres, code minimum of five and the setback, 20 versus the 50 in the code. The issues are the driveway still remains a dangerous situation on this portion of the road which has a high number of accidents. The turning movements could cause difficulties for people entering the property and for those traveling on the road. Mr. Ryan has reviewed some of the options that were in the report. The first option was to consider development on this property when there is a rezoning and when there is city sewer and water available to the property. The second issue was to attempt to acquire additional land, and then to look at the design features that would be more conducive to the site which is very steep. The property is characterized by loose, non-cohesive soil, so all steps that can be taken will have to be taken when the site is developed because there is a high concern for erosion. Additional material for this request related to the 1995 request is in the Board's packet. If the Board chooses to approve the variance or deny the variance request, there are recommended conditions in the staff report. Kathy Nelson requested more information on the reference to the Spring Road variance. Johnson responded the variance site already contained a structure. The applicant requested to remove the old house and build a new house. No additional dwellings in the rural area on a substandard lot was approved. William Ford asks the status of the MUSA zone. Jean Johnson stated the MUSA has been extended into southwestern Eden Prairie and the sewer and water lines are about a mile away. Mr. Dunham made mention of the property line to the center of the road. Johnson responded additional background work will need to be done. Kathy Nelson opened the public hearing. Dean Edstrom, 10132 Eden Prairie Road, also own the lot that is adjacent to the variance site. Mr. Edstrom objects to the proposed variance. This request is similar to the variance request three years ago. That request was denied. It was appealed to City Council, and the Board's decision was upheld. Mr. Edstrom believed the variance procedure is inappropriate for what is being requested here. That five acre minimum was in place before the acquisition of the property and owners are deemed to take such ordinances that are in place at the time they do the acquisition. Any hardship that is involved is self-inflicted. It is inconsistent with the purposes of the zoning ordinance to grant a variance of this nature, on this type of property. Mr. Edstrom noted the road is a steep and icy in the winter, and has numerous accidents. He also noted Eden Prairie Road may be a cul-de-sac in the future. Edstrom stated the MUSA line barely touches this property. In effect, the small touching of the MUSA line of this property does not justify putting a house on the steep slope. Scooter Hill, 10131 Eden Prairie Road. Mr. Hill stated he lives to the east and is against the variance. Mr. Hill states any development down there is going to encourage sewer and water, and states there is a perfectly fine well system down there, and does not want sewer and water. Mr. Hill stated others are prepared to come forward, depending on if the variance is granted. Darril Peterson, 18700 Flying Cloud Drive, Eden Prairie. Mr. Peterson states he has lived in Eden Prairie his entire life, and is a property owner. Mr. Peterson believes in property rights and that the City should give Mr. Ryan direct use of his property as he sees fit. Being no further comments, the Chair closed the public hearing on this. Mary Vasaly stated she believes the City's Zoning Ordinance is reasonable. The Road situation is dangerous, and the large deviation from the code is contrary to the City Code intent and purpose. Mr. Giglio stated this is an extreme variance, and it is self- inflicted plight. Mr. Ryan purchased this land and has been involved in this process for three years and certainly couldn't have gone into it without knowledge. Mr. Dunham stated he sat on the Board in 1995 when the issue came up before. The major issue on this whole thing is the safety issue. Development may be more appropriate when and if Eden Prairie Road is cul-de-sacd. Mr. Ford stated he is against granting the degree of variance. There are surrounding lots with similar acreage but those met code at the time. Kathy Nelson stated she was on this road a couple years ago in the middle of winter when it was icy, she, like may drivers, was unaware of the steepness and degree of curves. This is a dangerous situation to add a driveway. Ms. Nelson indicated the owner knew the property's limitations. A hardship is something usually specific to the property, not simply because you bought something undersized. Ms. Nelson stated she is not in favor of granting this variance. Michael O'Leary stated he concurs with the previous statements. MOTION: Vasaly moved the board deny the variance request No.99-01 with the following findings and conclusions: (Seconded by Giglio) 1. The applicant failed to demonstrate an unnecessary hardship if the variances were not granted. 2. The property circumstances were self created. 3. The applicants have not demonstrated that denial of the variances will deprive them of all reasonable uses of the property. 4. The driveway movements created will be hazardous to owner and the publics' health, welfare and safety, particularly during winter conditions. 5. Granting the requested variances will set precedent contrary to the city's Rural District purpose and intent. The motion carrried 6:0. ADJOURNMENT Dunham moved, Ford seconded,to adjourn the meeting at 9:35PM. Motion carried. barb\jean\boa\minutes\99\1-14.99b APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY,MARCH 16, 1999 7:00 PM,CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Jean Harris,Sherry Butcher- Younghans,Ronald Case,Ross Thorfinnson,Jr., and Nancy Tyra-Lukens CITY COUNCIL STAFF: City Manager Chris Enger,Parks & Recreation Services Director Bob Lambert, Public Safety Director Jim Clark,Public Works Services Director Eugene Dietz, Community Development and Financial Services Director Don Uram,Management Services Director Natalie Swaggert, City Attorney,Ric Rosow and Council Recorder Margaret Rasmussen I. ROLL CALL/CALL THE MEETING TO ORDER Mayor Harris called the meeting to order at 7:05 p.m. Councilmember Thorfinnson was absent. II. PLEDGE OF ALLEGIANCE III. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Butcher-Younghans added XII.A.3. Affordable Housing Issues in the Twin Cities Forum. Dietz moved item V. D. APPROVE REQUEST FOR EXCESS RIGHT- OF-WAY FROM MnDOT to XII.E.3. MOTION: Case moved,seconded by Butcher-Younghans,to approve the Agenda as published and amended. Motion carried 4-0. IV. MINUTES A. CITY COUNCIL/STAFF WORKSHOP HELD TUESDAY,MARCH 2, 1999 MOTION: Butcher-Younghans moved, seconded by Case,to approve as published the Minutes of the City CounciLtStaff Workshop meeting held Tuesday, March 2, 1999. Motion carried 4-0. CITY COUNCIL AGENDA March 16, 1999 Page 5 The position of City Clerk/Treasurer has been split. The responsibilities of Treasurer rest with the Director of Community Development and Financial Services. The responsibilities of the City Clerk(Elections,Record Management and Data Practices)have been transferred to the Management Services Area. This new structure and position titles will be reflected properly in the City Code upon the adoption of this ordinance amendment. MOTION: Tyra-Lukens moved, seconded by Case,to approve the 18t reading of an Ordinance amending City Code Chapter 2 by amending Section 2.30 in its entirety, relating to City Departments;amending 2.32 in its entirety, relating to issuance of citations;providing for conforming changes throughout the City Code and providing penalties for violation thereof. Motion carried 4-0. B. ADOPT RESOLUTION 99-44 AUTHORIZING THE SALE AND ISSUANCE OF SENIOR MULTIFAMILY HOUSING REVENUE REFUNDING BONDS(STERLING PONDS PROJECT) SERIES 1999A, AND SUBORDINATE MULTIFAMILY HOUSING DEVELOPMENT REVENUE REFUNDING BONDS, SERIES 1999B. Enger said this is the City Council portion of the action taken by the BRA prior to this evening's Council meeting. In December 1998,the Council held a public hearing for the purpose of receiving comments on the proposed issuance of housing revenue bonds to refund bonds issued by the City in 1989 on behalf of Prairie Village.Limited Partnership for the Sterling Ponds development. No comments were received. To complete this process, the Council is asked to adopt the resolution authorizing the sale and issuance of the bonds. MOTION: Case moved, seconded by Butcher-Younghans,to adopt the resolution authorizing the Sale and Issuance of Senior Multifamily Housing Revenue Bonds (Sterling Bonds Project) Series 1999A, and Subordinate Multifamily Housing Development Revenue Refunding Bonds(Sterling Ponds Project) Series 1999B, in the aggregate principal amount of$6,665,000. Motion carried 4-0. IX. PETITIONS,REQUESTS AND COMMUNICATIONS X. REPORTS OF ADVISORY BOARDS & COMMISSIONS A. REVIEW BOARD OF APPEALS NO. 99-01 Enger said the Board of Adjustments and Appeals, on January 14, 1999, denied Noisi/Ryan's request for a variance to build on a 1.2 acre Rural parcel at the northeast corner of Eden Prairie Road and T.H. 169/212. The Council has been asked by the applicants to review this decision of the Board. CITY COUNCIL AGENDA March 16, 1999 Page 6 Bill Griffith, 1500 Norwest Financial Center, representing Michelle and Perry Ryan in this application for a variance to allow for construction of a single-family home. The Noisis have closed on the sale of the property,so they are no longer part of this appeal. Griffith stated that this parcel of land is on 1.2 acres along Eden Prairie Road. In 1969 the City adopted a five-acre minimum lot size for single-family houses. However,land division in this area was 35 years ago,when the minimum lot size was 22,000 square feet. At that time this property conformed to the minimum requirements. Griffith said denial of a variance would result in hardship because there would be no reasonable use of this property. Rural District uses are limited to agricultural, public facilities, commercial stables, golf courses, or single family detached dwellings. This property is located on the bluffs and, therefore, is not suitable for agricultural uses. The land is only useful for single family dwellings. Approval of this variance will not alter the essential character of the surrounding areas because immediately adjacent parcels average 1.52 acres in size. All but one parcel contains single family homes. Extension of public utilities from about a mile away does not appear to be happening soon. The present homes use private utilities. Another key factor in denying the variance was that sight distances from the driveway along Eden Prairie Road do not meet the required minimum sight distances. The grading plan and driveway location have been revised to provide a minimum site distance of 300 feet in each direction. Perry Ryan,President of Ryan Engineering, showed Council a model indicating how access to the development would be provided. They believe the plan revision not only provides for an appropriate driveway location but also provides a direct public safety benefit for those using the road. Bill Griffith said, in conclusion,they have met the technical standards for developing this site,for creating a building pad,installing private sewer and water, and providing a public safety enhancement to the roadway. It is quite clear,based upon the uses that would be allowed for the property, there really is only one use for it and that is as a single-family home site. To say the owners should not develop this land is to say they cannot use it as the neighbors have been allowed to use their properties. He asked the Council for approval of the variance. Tyra-Lukens asked if the listing of uses for Rural District land is according to a State definition or the City of Eden Prairie. Griffith replied that this is the City's Rural District language. Enger stated a similar variance was before the Board of Adjustments and Appeals in 1995,under the ownership of Noisi. The Board denied the variance for safety and precedent reasons. The Council affirmed the decision of the Board. • CITY COUNCIL AGENDA March 16, 1999 Page 7 The 1999 variance request was submitted by the Noisis. At the Board's January 14, 1999 meeting, Mr. Perry Ryan introduced himself as the new owner. The same concerns exist with the 1999 variance as it did in 1995:the degree of variance is large, a hardship has not been demonstrated, the situation was self- created, the driveway will create hazards to the users and to the public, and granting of the variance will set a precedent contrary to the City's Rural District purpose and intent. Enger referenced a memo from Rod Rue, Assistant City Engineer,in which he states that this portion of Eden Prairie Road continues to have a high number of accidents. His opinion is that the steep grade combined with the horizontal curves and narrow roadway contributes to many of these accidents. Mr.Rue states this proposal is similar to the 1995 proposal, with proposed sight lines in the 250-to 300-foot range. A sight distance of 300 feet is considered minimum for adequate access to or from a street or driveway based on vehicles traveling about 30 miles per hour. If approved, every attempt should be made to improve the sight distances. This is not the only consideration. The Board of Appeals made the following findings and conclusions: 1. The applicant failed to show hardship if the variances were not granted. 2. The property circumstances were self-created. 3. The applicants have not shown that denial of the variance will deprive them of all reasonable uses of the property. 4. The driveway movements created will be hazardous to owner and the public's health,welfare and safety,particularly during winter conditions. 5. Granting the requested variances will set precedent contrary to the City's Rural District purpose and intent. Enger said the same test the City considered in terms of use is evident today as in 1995. The City concluded at that time single-family use was not the only reasonable use of this property. There are instances of agricultural uses throughout the rural sections of the City that don't require large cultivating equipment or tilling of large areas of soil. Dean Edstrom, 10133 Eden Prairie Road, said he has lived at this address for 25 years.He is opposed to the variance request. He was opposed to the variance request in 1995 also, and the facts are essentially unchanged. He sent the City a letter in July 1995 setting forth some of the major legal and policy issues relevant to the request. He believes this should be a rezoning request rather than a variance request. The matter of hardship is self-created. Mr. and Mrs.Ryan purchased this property in the past few months knowing the variance may not be approved. Edstrom's house was built in 1958 on 2.5 acres, but he owns approximately 3.5 acres. He believes the previous speakers are incorrect in their calculations about the sizes of the properties. As far as use of the Ryan's property,there are other CITY COUNCIL AGENDA March 16, 1999 Page 8 uses;for example, as a wood lot or to grow Christmas trees. The Musa Line may extend close to the property. However,the land is quite erodible; a drain field would be inadvisable, and home construction should wait for utilities to be available. Sight distances from Eden Prairie Road have been improved but are still bad. If the City built a cul-de-sac it would help that issue. Edstrom suggested preserving the whole bluff area by putting it in a Land Trust. Tyra-Lukens asked if the other parcels on the bluff that are less than 5 acres had been built before 1968. Butcher-Younghans said she had asked that question of Jean Johnson,Zoning Administrator,who said the other parcels had been built on or before 1968. The ordinance requiring a 5-acre minimum lot size was passed in 1969. Harris asked if the City Engineer had reviewed the proposed realignment of this driveway. She also wondered if the City would have the same issues in terms of access and sight lines if the property were to be used as a tree farm. Her third question was whether the City Engineer knows of any plans for realignment of this section of Eden Prairie Road or creating a cul-de-sac. Dietz responded he has not personally reviewed the proposed driveway realignment. Ryan said Mr.Rue has seen only the information showing 300 feet sight distance to the south and 250 feet to the north of the driveway. Since then, they have found a way to move the driveway 20 feet to the southwest to increase the northerly sight distance to 300 feet. They believe they have now met the sight distance that Mr.Rue recommended in 1995 and late 1998. Ryan said he would work with the Engineering Department to assure they are comfortable with it. Case said he isn't as concerned about the road conditions as he is about the lot size. He doesn't want to see one-acre lots springing up in the bluff area. That is what the 1969 ordinance was intended to limit by requiring a minimum of five acres. Therefore, he does not favor requesting a variance. Butcher-Younghans said she agreed. She doesn't believe there is any hardship here because the owners just purchased the land knowing it did not meet the five- acre requirement of the ordinance and that the variance had previously been denied. Tyra-Lukens also agreed with this and had no further comments. Mayor Harris said her concern is the safety of this road. The driveway still presents a problem, and this makes her reluctant to overturn the decision of the Board of Appeals. However, if the Council decides not to, it has to list very clearly why it is not going to grant the variance. CITY COUNCIL AGENDA March 16, 1999 Page 9 Rosow said he has read Mr. Griffith's and Mr.Edstrom's letters and reviewed the material as well as some of the case law cited. There has been a change in the law since the last time this matter was before the Council. In 1997 the State Supreme Court reversed itself. Previously if you purchased a sub-standard lot, that was a reason to deny a variance request. Now this is not considered to be a self-created hardship under the ordinance. Therefore,the Council needs to look at other issues, such as health and safety or road issues, to support its decision if it decides to deny the variance. Another matter that was brought up in Mr.Griffith's material was the matter of"taking"of the property. Using the same analysis, the.Supreme Court determined if the owner purchases a substandard piece of property,this is a sufficient reason to say there is no taking of the property. When analyzing whether there is a taking, and therefore damages that would result from it,there is no taking if a person took property knowing it was substandard. Rosow said it is important to obtain a review by the Engineering Department of the profiles presented at this meeting,because that may be a factor in the Council's decision, and also if that decision is challenged. The Council needs to identify what are the reasonable uses of this property if the variance is not granted. He encouraged the Council to base its decision on factors other than that the owner knew the property was substandard when he purchased it. Harris said it appears the Council needs additional information before making a decision and requested a motion to continue this discussion to the April 22 City Council meeting. MOTION: Tyra-Lukens moved, seconded by Butcher-Younghans, to continue this discussion at the City Council meeting on April 22, 1999. Motion carried 4- 0. The Mayor requested the Engineering Staff to review, and Staff to consider, any reasonable options that relate to granting or not granting the variance request. XL APPOINTMENTS MIT. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. City Manger's Evaluation and Merit Pay Recommendations Councilmembers Butcher-Younghans and Tyra-Lukens conducted a performance evaluation of the City Manager and made recommendations for a merit pay increase. The recommendations were presented to the Council in a closed session at the March 2, 1999 Council meeting. CITY COUNCIL AGENDA April 20, 1999 Page 8 David Steen, 6741 Beach Road, said the classrooms at International School are full and the school needs to be expanded,but he also wants the interests of the property owners on Beach Road to be protected. This concern has now been addressed. MOTION: Tyra-Lukens moved, Case seconded,to close the Public Hearing; and approve 1st Reading of the Ordinance for Zoning District Amendment in the Public Zoning District on 39 acres; and direct Staff to prepare a Developer's Agreement to be executed by International School of Minnesota,which incorporates Staff and Council recommendations and conditions,including NURP pond completion prior to creation of additional impervious surface; and direct Staff to issue a land alteration permit and footing and foundation permit with the proponents' agreement to proceed at their own risk. Motion carried 4-0. VII. PAYMENT OF CLAIMS MOTION: Butcher-Younghans moved, seconded by Case,to approve the Payment of Claims as submitted. Motion passed on a roll call vote,with Butcher-Younghans,Case,Tyra-Lukens and Harris voting"aye." VIII. ORDINANCES AND RESOLUTIONS IX. PETITIONS,REQUESTS AND COMMUNICATIONS X. REPORTS OF ADVISORY BOARDS & COMMISSIONS A. REVIEW BOARD OF APPEALS NO. 99-01 Enger reported that this review was continued from the March 16, 1999,meeting. City Staff was directed to look into the issues of hardship, further reasonable uses of the property, and sight lines and safety issues on the project. The Staff has done that and he asked three Staff members to give short presentations on each part of it. Johnson said following the March 16 Council meeting Staff reviewed the revised material submitted by the applicant at that meeting. Additional reports have been prepared; an April 14 Supplemental Staff Report and an April 14 Engineering Department memo. These revised reports have been submitted to the Council, in addition to carrying forward all materials from the March 16 meeting, as well as a new letter, dated March 30, from an adjacent landowner. The City Staff review finds the variance request contrary to City code and intention, the lot size situation was created by the previous land owner,variance approval would create an unsafe driveway and road condition, and the property owner is not deprived of other reasonable land uses. Small lots can be used to grow vegetables and flowers for sale, vineyards,bee keeping, or tree farms. Dietz reported that Rod Rue prepared the memorandum dated April 14 addressing CITY COUNCIL AGENDA April 20, 1999 Page 9 the safety and sight distances from the driveway. Revised drawings were submitted on April 19 and have been reviewed, although a written report has not been prepared. He and Rue concluded from this review that the 300-foot sight- distance requirement could be obtained to the left of the driveway, but the sight lines to the right are still about 140 feet. Rosow stated that if the Council decides to uphold the decision of the Board of Appeals he would distribute the attorneys' proposed findings for the Council to act upon. The applicant purchased the parcel knowing it was non-conforming. When the Council directed Staff to go back and review the material further, he looked at the past history of this property and found it was split off as early as March 1969, at which time it was subject to Ordinance No. 8,requiring a minimum of two acres. When the lot was split by the previous owner, a non- conforming parcel was created,which is a self-created hardship. This is a sufficient basis to deny the application for a variance. Rosow said that he did not know this fact at the March 16 meeting,when he said other reasons would have to be found. However,he encouraged the Council to base its decision on all the factors available. Bill Griffith, 1500 Norwest Financial Center,represented applicants Perry and Michelle Ryan. He stated the focus of the discussion should be on whether development of a family home is a reasonable use of this parcel of land. The applicant's intent is to use the property for a single-family home site, served by private sewer and water, consistent with what neighboring landowners have done. Other concerns can be met regarding the sight distances, etc. Griffith disagreed the hardship was created by the applicants,but said it is immaterial. He doesn't believe it is well suited for a truck garden,keeping bees,or other agricultural uses. Perry M. Ryan,property owner and President of Ryan Engineering, explained the changes made to improve sight distances in the revised drawings. A retaining wall was moved back about 2 feet to the south of the driveway. If the City cleared the brush to the north, the sight distance would be improved to 280 feet. Ryan disagrees with the City that this would require extraordinary maintenance and grading work. Bill Griffith said if this project does not go forward, the above safety improvements will not be made that make the road safer for the public as well as for the homeowner. He asked the City to take a reasonable and practical approach to development of this project and that the Council approve the variance. Mayor Harris inquired if anyone wished to address the Council on this project. Scooter Hill, 10131 Eden Prairie Road, said he was offended by some of the reasons the proponents gave for approving the project. In the winter,this very steep hill is slippery and sight lines have nothing to do with its safety. A number of people in the neighborhood are wondering if this would establish a precedent to let people build on the bluff He wondered if the City has a plan for this 400-acre CITY COUNCIL AGENDA April 20, 1999 Page 10 area of undeveloped land. Jim Van Winkle, 10129 Eden Prairie Road, addressed the safety of the curve to the north. He agreed that removing the brush would open up the sight distance to the curve. Ralph Nielson, 10100 Eden Prairie Road, said he agrees with Dean Edstrom's position on this matter. Brush should not have to be removed to improve sight lines. Mayor Harris, in response to the speakers, said granting of a variance does not establish a precedent. Each case stands on its own merits. The City Council is in the process of looking at and developing a plan for the whole bluff area. She asked the Councilmembers for their opinions on the variance request. Tyra-Lukens said establishment of a residence on a non-conforming property and setting a precedence which would be contrary to the Rural District area purpose and intent is the main issue for her. Butcher-Younghans said, with all the issues taken together she could not support this variance appeal. She has driven this road and believes it is dangerous. Even with the removal of brush from the roadside, she believes there is a high potential for accidents. She would uphold the Board of Appeals decision. Case said his concern would be development on the bluff. He would uphold the Board of Appeal's denial of the variance request. Mayor Harris commended Mr.Ryan for the work he has done and issues he has addressed. She also commended the Staff for a much more complete report on the history and issues surrounding development of this parcel. This non-conforming parcel should not be developed at this time. She is concerned about the soils on the bluff and the possibilities of land erosion by providing self-service utilities there. However, safety and sight lines remain the issues that concern her the most. There is a problem in developing another access to this road at the present time. She supports the Board of Appeals decision to deny the variance request. MOTION: Case moved, seconded by Butcher-Younghans,based upon the foregoing findings in this document and the conclusions,that the decision of the Board of Appeals and Adjustments denying Variance#99-01 by Steven and Kimberly Noisi and/or Perry and Michelle Ryan is affirmed, consistent with the verbal amendment to Paragraph 3.A. Motion carried 4-0. XI. APPOINTMENTS XII. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS CITY COUNCIL AGENDA DATE: November 20, 2012 SECTION: Public Hearings DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.D. Community Home Depot Garden Center Expansion/ Development/Planning Truck Rental Janet Jeremiah Requested Action Move to: • Close the Public Hearing; and • Adopt the Resolution for Planned Unit Development Concept Review on 13.16 acres; and • Approve 1st Reading of the Ordinance for Pla nned Unit Developm ent District Review with waivers, and Zoning District Amendment in the C-Reg-Sery Zoning District on 13.16 acres; and • Direct Staff to p repare a Develo pment Agreement incorporating St aff and Comm ission recommendations and Council conditions; and • Approve and Authorize Issuance of a Land Alteration Permit for the Home Depot Garden Center Expansion/Truck Rental project subject to rele ase by the City Engineer upon determ ination that the final contract documents conform to plans stamp dated October 16, 2012, as approved by the City Council. Synopsis This is a continued item from the October 16, 2012 meeting. Home Depot has provided letter indicating that the outdoor loud speakers will be discontinued. Home Depot has submitted a revised plan for the truck rental area along the west property line next to the garden area. This location has bette r screening from Valley View Road. Portions of the trucks will be visible above the 6 foot high fence when viewed from City Park property to the west and from homes to the north. Background The 120-Day Review Period Expires on January 14, 2013. Planning Commission Recommendation The Planning Commission voted 5-0 to recommend approval of the project at the October 8, 2012 meeting. Attachments 1. Resolution for PUD Concept 2. Staff Report 3. Penske Sketch#2 4. Location Map 5. Land Use Map 6. Zoning Map HOME DEPOT GARDEN CENTER EXPANSION/TRUCK RENTAL CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2012- A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF HOME DEPOT GARDEN CENTER EXPANSION/TRUCK RENTAL FOR HOME DEPOT WHEREAS,the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Development (PUD) Concept of certain areas located within the City; and WHEREAS, the Planning Commission did conduct a public hearing on October 8, 2012 on Home Depot Garden Center Expansion/Truck Rental by Home Depot and considered their request for approval of the PUD Concept plan and recommended approval of the request to the City Council; and WHEREAS,the City Council did consider the request on November 20, 2012. NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. Home Depot,being in Hennepin County, Minnesota, legally described as outlined in Exhibit A, is attached hereto and made a part hereof. 2. That the City Council does grant PUD Concept approval as outlined in the plans stamp dated October 16, 2012 and November 20, 2012. 3. That the PUD Concept meets the recommendations of the Planning Commission dated October 8, 2012. ADOPTED by the City Council of the City of Eden Prairie this 20 day of November, 2012. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk EXHIBIT A Home Depot Garden Center Expansion/Truck Rental Legal Description: Lot 1, Block 1 Prairie Crossroads Center 7. Aerial Map 8. Aerial Map- location of proposal 9. Approved Planning Commission Minutes 10-08-12 10. Letter from resident—Winkel 11. Letter from Home Depot-speakers STAFF REPORT TO: Planning Commission FROM: Scott A. Kipp, Senior Planner DATE: October 5, 2012 PROJECT: Home Depot Garden Expansion/Truck Rental LOCATION: 13100 Valley View Road APPLICANT: GreenbergFarrow OWNERS: The Home Depot 120-DAY REVIEW: Expires January 14, 2013 REQUEST: • Planned Unit Development Concept Amendment on 13.16 acres. • Planned Unit Development District Review with waivers on 13.16 acres • Zoning District Amendment within the Commercial-Regional-Service Zoning District on 13.16 acres. • Site Plan Review on 13.16 acres. BACKGROUND The Comprehensive Guide Plan shows the site as Regional Commercial. Surrounding land use is Open Space and Low Density Residential to the north; Open Space and Office to the east and Regional Commercial to the south. Surrounding zoning includes Rural and RM-6.5 Residertial to the north, Rural and I-2 Industrial to the east, Regional Commercial Service to the south, and RM-6.5 Residential to the west. ORIGINAL PLANNED UNIT DEVELOPMENT The original 1998 PUD is an 111,956 sq. ft. Horn Depot building and a 17,910 sq. ft. outside garden center. A PUD waiver for outside display was granted from the maximum of 7%, up to 16%. Staff Report—Home Depot Garden Expansion/Truck Rental October 5, 2012 PUD AMENDMENT A 7,365 sq. ft. expansion is proposed for the garden celer. Also, a truck rental area for six to eight commercial vehicles is proposed for the east side paking lot. This will increase the outside display percentage from 16%to 25.57%. Other commercial businesses in town havelarger outdoor display area, including: Bachmans (100%), and Menards (44%). PARKING Based on the 111,956 sq. ft. building, a total of 560 pa rking stalls are required. The new outside garden addition will eliminate 32 parking spaces and the truck rental area will lose another 16 spaces for a total of 48 parking spaces. By relocating the truck rental an additional TRUCK RENTALS AND SCREENING Part of the project is to provide rental trucks. These rental vehicles range from 1/2 ton and 3/4 ton capacities or more,with truck lengths up to 22 set.These larger vehicles are commercial grade and should be relocated on the west side of the building where they will provide some screening. PUD WAIVERS STAFF RECOMMENDATIONS Recommend approval of the following request: • Planned Unit Development Concept Amendment on 13.16 acres. • Planned Unit Development District Review with waivers on 13.16 acres. • Zoning District Amendment within the Commercial-Regional-Service Zoning District on 13.16 acres. • Site Plan Review on 13.16 acres. This is based on plans stamp dated September, 28, 2012 and the following conditions: 1. Prior to City Council, the proponent shall: Provide a plan and timeline for the Council to consider and authorize the removal of some concrete,and bituminous areas prior to the wintr conditions so the project can be conpleted prior to the prime garden season for the spring construction season on time. Staff Report—Home Depot Garden Expansion/Truck Rental October 5, 2012 2. Prior to grading permit issuance, the proponent shall: 3. 4. A. Notify the City and Watershed District 48 hours in advance of grading. B. Install erosion control at the grading limits. C. 4p*Es 1Z -e'De M?ZT Z OCT , 221 2o1Z 7 tkeosa 4 '4 AT NC,sits) ,. v. 4,41(16:' / i �4,, • THE HOME DEPOT L.a 0 G ;,�' 111,956 S.F. _ Seligeg ill° C5 `f .S � / _ ��7 EXISTING 17,11 S.F.CENTER �/ 17,D70 R r L► r-- �— i ; • I Irk 111 a , r r..; , PROPOSED DARDEN O) I , .CENTER EXPANSIONl I I '• 7,N5 S.F. + / I awwnnk t I / ImPa - — Te.wc1.6 Sceisii49 GemptamLY sy LAADc c 4 Area Location Map - Home Depot Garden Center Expansion/Truck Rental Address: 13100 Valley View Road, Eden Prairie, MN )31 I N 2 40# '44p"'"* 0 NI FENWICKCIR PalAfrI iiul milli, -R7z,,-1 1 � Am. .. -_ ■ Q -I -- - ` - • -- N N •A ' . ' . q ' ' W41 � Butterscotch Road d �o5_-1 Ell tr.MON J 0, , O S\ALOR Scott Terrace \`�� Zenith Lane Valley View Road SITE 4 .. AdiL:__ ___ A\ , ,. r ,,,...,4m,21 ,,,„.. II II II I II Prairie Center Drive II 1- 1 III 1 • III 1111 al 0 337.5 675 \ .: eet .,‘1 ��I� I - - TECHNOLOGY DR Guide Plan Map: Home Depot Garden Center Expansion/Truck Rental 13100 Valley View, Eden Prairie, MN ) \N \ ile•Ahr Butterscotch Road . ,,,W 4. j ,\ I Scot Terrace Zenith Lane SITE 4S% Or I I j Valley View Road • Prairie Center Drive qit, of Eden Prairie L a ► • Use - • ' • PII a�n Map 2000-2�� Legend N O CityLimits -Industrial Rural Residential 0.10 Units/Acre Neighborhood Commercial Streams Low Density Residential 0-2.5 Units/Acre Community Commercial —Principal Arterial * ii. 11 p DATE Approved 03-19-03 DATE Revised 12-06-06 Low Density/Public/Open Space i Regional Commercial DATE Revised 01-07-05 DATE Revised 03-01-07 EDEN A Minor Arterial DATE Revised 11-07-05 DATE Revised 06-01-07 Medium Density residential 2.5-10 Units/Acre Town Center DATE Revised 02-23-06 DATE Revised 10-01-07 _ — B Minor Arterial DATE Revised 03-23-06 Medium DensityResidential/Office Park/Open en Space DATE Revised 06-23-06 DATE Revised 03-01-08 �. m. ��m.,etl Ed" "....m...".",:"'.am..evised 03-01-09 p p -- • Major Collector DATE R PRAIRIE - High Density Residential 10-40 Units/Acre �Public/Quasi-Public — • Minor Collector _Airport I I Golf Course LIVE•WORK•QAEAM Office -Church/Cemetary Me.=op.....��.o..m_...®...."o.".,�.. .....�.®."F_." .�,,.,o® V//I Office/Industrial Open Water 025 0.125^" 0m V� ,I ' I 2 ',H Office/Public/Open Space 1 Right-Of-Way Miles Zoning Map: Home Depot Garden Center Expansion/Truck Rental 13100 Valley View Road, Eden Prairie MN i7.____________ _ i ) , \-- ------\\ 011 111111 --['''''' .________ / \ _ _ , 7\ / Stewart Drive L Scott Terrace Butterscotch Road I 1--,, /. /r \ / — \� J_ _ / . % A,/ Valley View Road SITE/ 004/Vr • .y Prairie Center Drive I 1 f • C. of Eden • airie Z. • • ap._----- 1 Rural - Regional Commercial Shoreland Management Classifications N R1-44 One Family-44,000 sf.min. I I TC-C I NE I Natural Environment Waters R1-22 One Family-22,000 sf min. TC-R I RD I Recreational Development Waters R1-13.5 One Family-13,500 sf min. Dil TC-MU I SD I General Development Waters(Creeks Only) •, 0 , R1-9.5 One Family-9,500 sf min. Industrial Park-2 Acre Min, PZ 100- Year Floodplain RM-6.5 Multi-Family-6.7 U.P.A.max. Industrial Park- 5 Acre Min. Up dated through approved Ordinances#26-2008 EDEN - RM-2.5 Multi-Family-17.4 U.P.A.max. (n General Industrial-5 Acre Min. Ordinance#33-2001(BFI Addition)approved,but not shown on this map edition PRAIRIE Office Public Date:March 1,2009 Neighborhood Commercial Golf Course In case of discrepency related to a zoning lassificadon on this zoning map,the Ordinance a.attached legal description on file at Eden Prams City Center will pfevail. uve•w0ex•ue enM Community Commercial Water - Highway Commercial Right of Way 0 0.125 0.25 - Regional Service Commercial Milesm°az_,...m..,=,..=4..L.o.a.,a ... .ia..m ,..,,m„ Aerial Map Home Depot Garden Center Expansion/Truck Rental 13100 Valley View Road , Eden Prairie, MN ._.- .. .. - IR AliC. ji-___.* rick # • .... ioro , i0k#4i ,_ _____ ,_._ i ____ wil, .6. 0.1 !.1..._ Iii . _ _ lam ., . .i: ,.. iik 0.. _.._ ,...... „,..._ ._ __ .__ _ •.. . -- .. _ _.,1 A„. . , .. . ._. --. 17,,, ,ot ;ism e_ .,_. __H.: , _ . _...1... . _ -- __,. .,..,..., _. „:Li.,__.. . 2 um . it_ _L_ .A. _... __ . . , _ , .. ,„„i..,,t„, , . _ J , 41,- '° k' Butterscotch Road T "^ ®� ... .,_, ............, + �. ..'• r. _ 1 ' f M a- .,L }.het_.�.+ ,i'�IF••-'- k � L e-+ a Scott Terrace _ ti .. 1 41111F r 1r . V . . litZenith Lane w:; 4 .y,,_ _ Valley View Road • - --... ,.-..• 'L., -1 , ..,.. 4 ..,,,,-,x .. .. _ ��� i� r► �,. �i -9� ! s. ^ • "s r.^fir, _: - r \,,,,,,,,,,, . • 4 '' r.! ' aift.,i J3F33. .k-• 4.• 3 . .3,...° tot,:at,, I.ey/ - '1: ..-‘ ..e* . ...,5.,,,,,,4:>, y�� a ir'_:" • • $. i.� .•.... tt. { Prairie Center Drive _ Ile. L'147:0 , •I 7, r1.4 d ., _ ,y4 �in `f- I ' --_ :111j.,,i fi.0 - r �' _ I .•� F f• ,II. 1 S�� 1 A laIC' 1�N� �5 � . t j.......„") >' : - Ti rR Aerial Map Home Depot Garden Center Expansion/Truck Rental 13100 Valley View Road, Eden Prairie, MN , t lommis simmim r Y �; r ,k ar_. • __ ■ • Garai ISM Butterscotch Road �' mum � aIWIiii •' .API tiv �� re+�i 1111 ME 1 \ .- {, ãflh1t 4. f"i. , '. 4 .• ..:° "i•t: ,.�l'" �—• i R� r-.- , E . ram - 11::).„-or 11••'`t- /10 Proposed Penske r • * l - % _ Truck Parking ` • r J' (25 Parking Spaces) * + 3y r_. r . 0 ' - • 0 ,i-it. ,..„..*----- .., _ , ..-• ry`'a�s� k' r Proposed Landscape Screening ' j , - + (5 Parking Spaces) 1 ' F / y '� ' ■! , ^'', - Proposed Garden ..* sy1/r r . 4 • r '..1v:;f3, I Center Expansion e� .'t S.,EN' ..-c r :t + sue 0y.r-'b r; fir \ i ,l44 E-rr - r --'-- -brn -- •-�-t Y .- i Valley View Road 4 #44 lia t: ,„:- irt.,' it , :F ` � {E r " 4 't, - 4,1k F `1 _ - Prairie Center Drive1111 i. Ill [ 1 EIMER • - F ; h. ,_,, , 411 ,,... . f, ...., , A ' '41 1: s ,, r7r 1 FIA:filikitt/P.141 i 1 .i. F.. APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY, OCTOBER 8, 2012 7:00 P.M., CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: Steven Frank, Matt Fyten, John Kirk, Katie Lechelt, Jacob Lee, Jerry Pitzrick, Kevin Schultz, Jon Stoltz, Travis Wuttke STAFF MEMBERS: Michael Franzen, City Planner Rod Rue, City Engineer Stu Fox, Manager of Parks and Natural Resources Julie Krull, Recording Secretary I. PLEDGE OF ALLEGIANCE—ROLL CALL Vice Chair Kirk called the meeting to order at 7:00 p.m. Fyten and Stoltz were absent. II. APPROVAL OF AGENDA MOTION by Wuttke, seconded by Schultz, to approve the agenda. Motion carried 7- 0. III. MINUTES A. PLANNING COMMISSION MEETING HELD ON SEPTEMBER 24, 2012 Pitzrick had an amendment to the minutes on page 5, paragraph 11. He would like "on the land" added to the end of the sentence. MOTION by Frank, seconded by Schultz, to approve the minutes as amended. Motion carried 6-0. Lee abstained. IV. INFORMATIONAL MEETINGS V. PUBLIC MEETINGS VI. PUBLIC HEARINGS October 8, 2012 Page 2 A. HOME DEPOT GARDEN CENTER EXPANSION/TRUCK RENTAL, by Greenberg Location: 13100 Valley View Road Request for: • Planned Unit Development Concept Amendment on 13.16 acres • Planned Unit Development District Review with waivers on 13.16 acres • Zoning District Amendment within the Commercial Regional Service zoning district on 13.16 acres • Site Plan Review on 13.16 acres Dave Barrows, representing Greenberg Farrow, presented the proposal. He said they would like to expand the garden center to the south. He utilized the overhead projector to show where this expansion would take place. He said it would be a 365 square foot expansion. With this they will be putting in foundation, fixing sidewalks and putting fencing around the area. In addition to the expansion, they would like to add the Penske Truck Program to the business. They will rent out trucks to customers. In regards to parking, 32 stalls will be eliminated with the garden center expansion and 16 spaces for the truck rental area. This will still leave 580 spaces and code requires 560. They will also be adding more trees to the area. Vice Chair Kirk asked Franzen to review the staff report. Franzen stated staff recommendation is for approval based on page 2 of the staff report. Vice Chair Kirk opened the meeting up for public input. There was no input. MOTION by Schultz, seconded by Wuttke, to close the public hearing. Motion carried 7-0. MOTION by Schultz, seconded by Frank, to recommend approval of the Planned Unit Development Concept Review on 13.16 acres, Planned Unit Development District Review with waivers on 13.16 acres, Zoning District Amendment within the Commercial Regional Service zoning district on 13.16 acres and Site Plan Review on 13.16acres based on plans stamped dated September 28, 2012 and the staff report dated October 5, 2012. Motion carried 7-0. VII. PLANNERS' REPORT A. TOWN CENTER LIGHT RAIL STATION ALTERNATIVES AND OPERATION & MAINTENANCE FACILITY ALTERNATIVES Presented by David Lindahl, Economic Development Manager and Janet Jeremiah, Community Development Director October 8, 2012 Page 3 VIII. MEMBERS' REPORT A. CITIZEN ADVISORY COMMITTEE— LIGHT RAIL IX. CONTINUING BUSINESS X. NEW BUSINESS XI. ADJOURNMENT MOTION by Lee, seconded by Schultz, to adjourn the meeting. Motion carried 7-0. There being no further business, the meeting was adjourned at 7:59 p.m. 1339c; fr►i-f-14 1.-a44e darn Prairie, MN 553 c,-3g& ©cf"ok v 9( l2- devi Prairie, Gay Mayor avid Coumci 1 CH y o f vt graivi.e go o M i-tdhlel l Rogd 1de vt Pvai vie, MN 55344-2a►30 Dea r Mame avid rrlevvi bens of-1-14-Coonc.i 1, w 'v it -Nit is (e-I+e�- Iry oU iv► vgst?nose_-fo-lie No repo*- -�i de i Con-ter EX v iov► Pu l rc Ftearivi Nohce that-was mailed -to our add cress My ivipq-t- i vt rerevris-(o-fi v�o nis p 'ecf-cov�ce v-vis 44 e un i to hotse s r-tuafiovt 4ti►at- avi opevi a i�-optedern cc n-tev-kvemAvt i i-Fs ivrto a rresidevl-t is( avea across a �oviiv , bouvtdarry. As kowleowilos si+uated ki -,cf-fv 14-ovvie. D- • / viiy kusbavid avid T In ave atmQdy liad to personal I1/d l w 1{-(4-f e. noise�tlnat comes-Fvovvi -Nne aarrrigvl Cev-I-er tvrtevcovin s-k wi we hear VS de our ho e v4ietn our' wividows are, v1 . This noise i vic(ud es music, audio ivi-stoves common i urn ca-hours, and -clue pVtovie rivt-tvvles -lthat-covih'vue rjvc ivy un-E-il a�sered. Duriook rnorrmal busin.ess hours,-thew audible-cownwiuhiczfiovts are.. t Y id e sf aocis b l e • lou+--11/1 Z vvi vs i c avid p(it oV e. rj_ -fov►es ea/If-lout -Wiroi.�.ou-l--Wie. rn -}-�-i vote Inours a�.d dui' -fine. holidays wkievl a'heS re i losed. Wald r u e,at'2.AM ' • -Hie_ I lnovle-Mat we- hear-Ream-I�te, Home-peps 'Ct/l ('44 4eev is distuv'bivt• ivi our fivivwroo duri►not,*te- viroi,t-l-- abte -b 3i a(o -�'b-fin& vmusi c l rics* at-we- l�leav� IIn�Q'roro� -f�heitr you s sf , is v1 o-f--Fuvin. . y / Sowie--h nes- his orme-L e o-t--souv►d issue has come up iv wv rFo ►PI IV a-f- ouv- Condo vv►wii uw A ssoc is ti ovt. wreeti- • s' auid ivt Govtvetr i-joos w i+k our viei bons; (out- if has ! eined unresolved because as a 3vo or as tvtdividual Inorwieowvtevs vio owe has pursuer) a vPsol* O Icv . Pev►s -4�te, Iaovueowherrs ' rnov-14 of Howie,De o - also disfuv-b • r bu-t'sivvipt evtdure `fi4e yr i tivhQ vt©ite-W vvl --Wte c�l-ter l i ke wado . d o vtofe. -f 4th- wicf Howie Dew s-byes ivt-f e'T�Nivt Ci-�es, are vao+ zovred next- -to movies. Fd2n Prairie_-Pacrli-ly is p?rhaps unit ale 4o-( leiir l�.V�ni d3S vtS. Cyan. +Ind z-on is uvli o vlessVl�v1� coK�1(_ '?�1�, e �J� Yl.5td2v2d -1- C7I x v , ut ittivieownevs bovder e ► in r . vris tAois 7 O I to. e ; o e►61) - space is cvvase Hite !Ai• .ice. _ ied i vi#v fit vest. a l e Their i = ? (6 si• oT i ivi$er }; Iv% &- C :; : t , :f. v. 7 f is s �i�►c� i is i!!l 'Lie ► iat 7 1s v® if e- ► ' •1 Does e Dip• ha‘",e a policy iv I v- vi f isg• ne i e- C01411►I i _ ti,, - ,. -. policyas -t - ve • b Throw) out -ri P have not kviotAm wheve--1-c) our v s • id reallyusevour he1pi I i / is issue, c. g-F ve., opevi m our i •r 5 :.T, i r Y vvi loaf • Re-spy-et-Full / i iokei 370 Corporate Drive North • Tukwila, WA 98188 - r t' • 206) 574-3578 • October 24, 2012 City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344-4485 Attn: Michael D. Franzen, City Planner Re: The Home Depot Garden Center Expansion —Outdoor Speakers Dear Mr. Franzen: I am writing to you to inform you that The Home Depot at 13100 Valley View Road in Eden Prairie, MN has turned off its outdoor speaker system at the Garden Center as requested by our neighbors and as directed by the City of Eden Prairie. Please feel free to contact me should you have any questions or concerns. Sincerely, ett..4...„4//k\ Brian Cannard, Regional Manager Real Estate CITY COUNCIL AGENDA DATE: SECTION: Public Hearings November 20, 2012 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.E. Community International School of Minnesota Development/Planning Residence Hall Addition 2012 Janet Jeremiah/Regina Rojas Requested Action Move to: • Close the Public Hearing; and • Adopt the Resolution for Planned Unit Development Concept Review on 58.29 acres; and • Approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District Amendment within the Public Zoning District on 58.29 acres; and • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. Synopsis This project is an amendment to the 1987 Planned Unit Development (PUD). The amendment is for a residence hall with three future phases and administration offices. These are permitted uses in the Public zoning district. The site plan shows the following: • A 3-story 20,965 sq. ft. residence hall. • 3 future residence hall additions ranging from 10,389-16,731 sq. ft. • A future 16,000 sq. ft. administration office building. Background Information The project will require the following waiver: 1. Building Height from 30 feet to 42 feet for the residence halls. The building setback to property lots lines is greater than the code requirements. The additional setback helps mitigate the increase in building height. Type of setback Minimum Setback Actual Setback Front—abutting Hwy 62 50 300 feet Side (east) 50 78 feet Side (west) 100 1,000 feet Rear—abutting Bryant Lake 200 (shoreland requirement) 1,500 feet The 120-Day Review Period Expires on January 28, 2013. Planning Commission Recommendation The Planning Commission voted 5-0 to recommend approval of the project at the October 22, 2012 meeting. Attachments 1. Resolution—PUD 2. Staff Report 3. Location Map 4. Land Use Map 5. Zoning Map 6. Aerial photo 7. Unapproved Planning Commission Minutes 10-22-12 8. Notice sent to Residents 9. Letters from Three Rivers Park District CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2012- A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF INTERNATIONAL SCHOOL OF MINNESOTA RESIDENCE HALL ADDITION 2012 FOR INTERNATIONAL SCHOOL OF MINNESOTA WHEREAS,the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Development (PUD) Concept of certain areas located within the City; and WHEREAS, the Planning Commission did conduct a public hearing on October 22, 2012, on International School of Minnesota Residence Hall Addition by International School of Minnesota and considered their request for approval of the PUD Concept plan and recommended approval of the request to the City Council; and WHEREAS,the City Council did consider the request on November 20, 2012. NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. The International School of Minnesota Residence Hall Addition 2012, being in Hennepin County, Minnesota, legally described as outlined in Exhibit A, is attached hereto and made a part hereof. 2. That the City Council does grant PUD Concept approval as outlined in the plans stamp dated November 13, 2012. 3. That the PUD Concept meets the recommendations of the Planning Commission October 22, 2012. ADOPTED by the City Council of the City of Eden Prairie this 20th day of November, 2012. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk EXHIBIT A PUD Concept- International School of Minnesota Residence Hall Addition 2012 Legal Description: Lot 1, Block 1 International School STAFF REPORT TO: Planning Commission FROM: Regina Rojas, Planner II DATE: October 19, 2012 SUBJECT: International School of Minnesota Residence Hall Addition 2012 APPLICANT: Harriss Architects OWNER: International School of Minnesota LOCATION: 6385 Beach Road 120 DAY REVIEW: Expires January 28, 2013 REQUEST: • Planned Unit Development Concept Review on 58.29 acres • Planned Unit Development District Amendment with waivers on 58.29 acres • Zoning District Amendment within the Public Zoning District on 58.29 acres • Site Plan Review on 58.29 acres BACKGROUND The Comprehensive Guide Plan shows the properties as Public/Quasi Public. Surrounding properties are guided Parks and Open Space and Low Density Residential. The property is zoned Public. Surrounding zoning is R1-22 and Rural. This project is an amendment to the 1987 Planned Unit Development(PUD). The amendment is for a residence hall with three future phases and administration offices. These are permitted uses in the Public zoning district. SITE PLAN The site plan shows the following: • A 3-story 20,965 sq. ft. residence hall. • 3 future residence hall additions ranging from 10,389-16,731 sq. ft. • A future 16,000 sq. ft. administration office building. Staff Report—International School of Minnesota Residence Hall Addition 2012 October 19, 2012 The building meets the required base area ratio, floor area ratio, and setbacks. PUD WAIVER The project will require the following waiver: 1. Building Height from 30 feet to 42 feet for the residence halls. The building closest to the property lines is 300 feet from the front property line and 78 feet from side property line. The city code requires a minimum 50 foot front yard setback and a 50 foot side yard setback. The additional setback help mitigate the increase in building height. GRADING AND DRAINAGE The plan meets water quality and infiltration requirements. ARCHITECTURE The buildings meet city architectural requirements. The materials and colors are consistent with the existing buildings. UTILITIES The site is connected to utilities from Beach Road. LANDSCAPING AND TREE REPLACMENT The landscaping requirement based on building square footage for all phases of the project is 250 inches. The landscape plan shows 16 inches of trees. Prior to city council review the applicant should submit a plan for an additional 234 inches of trees. The landscaping can be installed per phase. The tree replacement for all phases of the project is 4.5 inches. The tree replacement plan shows 6 inches of trees meeting code. STAFF RECOMMENDATION Recommend approval of the following request: • Planned Unit Development Concept Review on 58.29 acres • Planned Unit Development District Amendment with waivers on 58.29 acres Staff Report—International School of Minnesota Residence Hall Addition 2012 October 19, 2012 • Zoning District Amendment within the Public Zoning District on 58.29 acres • Site Plan Review on 58.29 acres This is based on plans stamp dated October 1, 2012 and the following conditions: 1. Prior to City Council, the proponent shall: A. Revise the landscape plan to include an additional 234 inches of trees. 2. Prior to grading permit issuance, the proponent shall: A. Submit detailed storm water runoff, utility, and erosion control plans for review and approval by the City Engineer and Watershed District. B. Notify the City and Watershed District 48 hours in advance of grading. C. Install erosion control at the grading limits. 3. Prior to building permit issuance for the property, the proponent shall: A. Submit detailed building plans to the Inspections Department and Fire Marshal for their review and approval. B. Provide a tree replacement/landscaping surety equivalent to 150% of the cost of the tree replacement/landscaping plan. C. Provide samples of exterior materials for review and approval. 4. The following waiver is granted through the PUD for the project: • Building Height from 30 feet to 42 feet for the residence halls. Area Location Map - International School of MN Residence Hall Addition Address: 6385 Beach Road, Eden Prairie, MN . . . ..... . . . . , . . f, .-:, (. ' ..›-::... .. .,,,,. ''N- %. , • . ); f i ilkit' . 4i,„ ,_,' ,. ---- -'•- .- ,- ' ' '. - 9 ' • -.; -. .,.., .1:--A ....-. "' , ,P, .:i-f • ..v,N.--'7,..Z.i ',b 40.,• , .. " . . . , , , •••-''' 4', • •••P'• • • ..- '• ,. I: . '''',1 4 -•2.' . , .., _,- . :•, ,-"-<---. -.ii4e;.1 :''.,' 1 .; ' .? '•- r-t,;COY- .144i: ,.:?r'' 144.41, . - ' . .f. ' • :•-•-, lox- 4'.. „p- ,-. • ,,i- '••• ,.' ' ..• :.7'.'';'9 -4.4\44.' f,' - I • -.',*V-''Al -' 1 • :i•- At-. .•. ,,A-14: '4'W •' -- .,4-A* " ' •49 ri -_.4 '. 1 1 1 ; ,,,,,i, •••-:67ak .1,7,-.., 7 .- . - . .---.... ' • ' • • I.:, : _. I= . r• -•. r - , '',11:4:,$ ;_ . .-L,.,::: .! . , si. I . . .. ... ._.„• Crosstown/62 • " :-. .,- ,Y ,ii,, , .'‘ . „ •,.,...-- _. • ' - l' V'...„,,.'.• ,-ii:' Ili r.o.-,, ._:, .116• :....., 321:°'..._ ,q) 62 -- • ' ' •i'L' - .1 • ..."%c . Alt .. . 4--,, 't" IFE.: Lak- •- . .14.744.4,411 t. g .„:4,,,,,,h,. . .: . . ....' :,. ,, -.07 .. (,. ' I :64' .it 41) ' r.4 ' ' i II, ,A,. ; " 1. ,. . •Wir• - % ql.E6 Beach Road •, f: . .' '• Proposed Residence:all and Office Location •,1 ; 74;• _./•\* .. .. _. . -SIT -- . . - . ... . ,... la 11111b,' 0 414101ripAir9A fli vom 1 ' \ - -: Rowland Road ' 41 AllioN a gili II,. . . r. -Norgasitilown, It '' . Tt. * • .. \ \ - gli Plineoni •7:::i- a IL „41 1 .1010‘ 1 , . .I WitlYtilticilliTil N 4 IPA. allSW el lirilk 494 ,llvii. 7 .,., _ _,. . •,, ,.. ,- .•. -.-,-,.....___-_-.-.--;--_i.',I.,V,\•;:-4.4'1.10714:14N11lP10a:rii,,n4lAli1t4 .. , .. . .. ims MI tii WI" .. . . . .,.. .... e . 411110 11111."Bin 411)4 0#4 1 li 11101%,149 I 0 t• i 1/4,. mi wes.444.1.4fig 4 i r" 41-TA *IN offifr a:, .... .. .Ir. 7 MI II P4p Vil WV'S&NO PIA*II . 111.1 BRYANT LAKE .:: .011 11 11=11111/1.111111 V°# M 11111111 .4.,,, N. 010 . Au Ili IlitaitIO 10 II iiiiktil\ III M 4 IL- . • vg.....4 ,F111 rifinna7ppr-B-Tils 1. '16- 14' 14. ft alingtA70: , ,,tr 1 si . ii, 1141 Ng gitfirShitli* . --` ::: Men 111111* .. 0, 1 liliki. IL Is*Ajfklat Lir,'-:.,:.:li otp.,, 41",,,,,- 4112.o 2,500 ' - VEAL, g Vali AIN Rt. 4 kwArfel, . .k --,,,,,4 031,7t *ilmialtaia. mno 44.4kaiiiiksitte.k,_ Ai;titi WRIPTS-tir:kiliir '....'11101ri_AIWAIII r T ' ',/io*di ..,. Iiiiiril:Wigki nip wifirk.. ftw.A. _ Guide Plan Map International School of Minnesota - Residence Hall Addition 6385 Beach Road, Eden Prairie, MN Minnetonka, Minnesota ___ 6 _,„,,,,,,,, ______.-1-- Crosstown/62 r 14 SITE Ia. * till II ItBeach Road v 1 illaik A f ID \ N. Rowland Road 4111 II. . r, 494 4*11 ti I,8 ti City o - ,r s �' • s - • e - 2 , 1 A , '1i p �ietuid ( o In Legend O CityLimits - Industrial Streams N Rural Residential 0.10 Units/Acre Neighborhood Commercial Principal Arterial Low Density Residential 0-2.5 Units/Acre - Community Commercial -A Minor Arterial B Minor Arterial ' + '1 Low Density/Public/Open Space - Regional Commercial DATE Approved 03-19-03 DATE Revised 12-06-06 Ma'or Collector DATE Revised 01-07-05 DATE Revised 06-01-07 1E a E N - Medium Density residential 2.5-10 Units/Acre -Town Center J DATE Revised 1-07-05 DATE Revised 06-01-07 Minor Collector DATE Revised 02-23-06 DATE Revised 10-01-07 Medium Density Residential/Office - Park/Open Space DATE Revised 03-23-06 DATE Revised 03-01-08 DATE Revised 06-23-06 DATE Revised 03-01-09 High Density Residential 10-40 Units/Acre - Public/Quasi-Public PRAIRIE RI Airport Golf Course Office - Church/Cemetary »n 42. .o..m_..®..1 o.a., . . u®YeF . ,,.,o® LIVE•WOKK•OAEAM VA Office/Industrial Lppen Water 0.125 0 (/j Office/Public/Open Space ikiynr-ui-vvay Miles Zoning Map International School of Minnesota - Residence Hall 6385 Beach Road, Eden Prairie MN Minnetonka, Minnesota iii I ._,) Crosstown/62 / i 000H---- 1. / , . SITE 100 ._ . / i (.. = , -.4.1 II \ 0.. ./).) .. P __ ,_____ ,____ . • ., _._ _.. .1 • 1 . ■ r ihr.nBIsl. each Road _ pp- II ir liffr Rowland Road 41111 011 Iltit, ..... 11,44e11. 494 ..#*/406."4 ., - l \ 1 1 • i of tie - ra ' oning Map 1 1. Rural -Regional Commercial Shoreland Management Classifications N R1-44 One Family-44,000 sf.min. n TC-C I NE I Natural Environment Waters R1-22 One Family-22,000 sf min. n TC-R I RD I Recreational Development Waters R1-13.5 One Family-13,500 sf min. an TC-MU I GD I General Development Waters(Creeks Only) t . d R1-9.5 One Family-9,500 sf min. Industrial Park-2 Acre Min, ® 100- Year Floodplain RM-6.5 Multi-Family-6.7 U.P.A.max. Industrial Park- 5 Acre Min. EDEN Up dated through approved Ordinances#26-2008 -RM-2.5 Multi-Family-17.4 U.P.A.max. General Industrial-5 Acre Min. Ordinance#33-2001(BFI Addition)approved,but not shown on this map edition PRAIRIE Office J Public Date:March 1,2009 Neighborhood Commercial I Golf Course In case ofdiscrepencyreatedtoazoningclassitmaeononthiszoningmap,theOrdinance e•wo.aa.mi and attached legal description on file at Eden Paine Ciry Center will prevail. -Community Commercial Water -Highway Commercial Right of Way 0 0.15 0.3 -Regional Service Commercial Milesa_,op..m.., mo..,...,ti4..'o..o.a., ..._.Upla..m ,..,,m„ Aerial Map International School of Minnesota - Residence Hall Addition 6385 Beach Road, Eden Prairie, MN c: ` f "' • ' I` : • :' � a+ ir', • Ma. • .. ` 4 _ • • l� � ., . . S,Z��-'-' r .•' Crosstown/62 t = i Lira T. , \ iii, , T, .; , �. ' ' ti . ,,,4 4141 I P. ' '' '' , , 1111 • ;iiiipii.•. . i: \ f. _' 1 4ik 11i6.Ir•t- :'' i1l, 1ilII1 r vi CcV0. ~ L Y,r ur ,.;.l-airr•.:'':k111141, '4414111 06a6. I,1 wi1dlA0 4lig40l Beach Road 41 ' '; H, 1'; v %, 011M11 111101‘-k. A\\„, ,,,,- i z . - ,,, ai,..... - - -..,-:, . , , ,,,00 vit, A .\ , IV yrisi„,„, *#0, 4.1000010. . . , . p. .,6 • 6Pdi'4*) t 141 I I 11111 I I ill II 1111 I I 111 1 1 I I I I I I I I :-,.5' .,._. ,1-:,,..:4. , ..,. , • .: . Villi W/ti,ti I‘ Ilar . 1,,1 ..,,y, ..,-,..7.:_v..- f► UNAPPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY, OCTOBER 22, 2012 7:00 P.M., CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: Steven Frank, Matt Fyten, John Kirk, Katie Lechelt, Jacob Lee, Jerry Pitzrick, Kevin Schultz, Jon Stoltz, Travis Wuttke STAFF MEMBERS: Michael Franzen, City Planner Rod Rue, City Engineer Stu Fox, Manager of Parks and Natural Resources Julie Krull, Recording Secretary I. PLEDGE OF ALLEGIANCE—ROLL CALL Chair Stoltz called the meeting to order at 7:00 p.m. Kirk, Lee, Pitzrick and Schultz were absent. II. APPROVAL OF AGENDA MOTION by Lechelt, seconded by Frank, to approve the agenda. Motion carried 5-0. III. MINUTES A. PLANNING COMMISSION MEETING HELD ON OCTOBER 8, 2012 MOTION by Frank, seconded by Wuttke, to approve the minutes. Motion carried 3-0. Fyten and Stoltz abstained. IV. INFORMATIONAL MEETINGS V. PUBLIC MEETINGS VI. PUBLIC HEARINGS October 22, 2012 Page 2 A. INTERNATIONAL SCHOOL OF MN RESIDENCE HALL ADDITION by Harriss Architects Location: 6385 Beach Road. Request for: • Planned Unit Development Concept Review on 58.29 acres. • Planned Unit Development District Amendment on 58.29 acres • Zoning District Amendment within the Public Zoning District on 58.29 acres • Site Plan Review on 58.29 acres Trent Mahr, corporate manager of International School of MN, presented the proposal. He stated they would like to build a residence hall on site for this private school that educates students ages 3-18. Mr. Mahr pointed out they need this residence hall for students and their families that are attending the school locally, state wide and globally. He pointed out students can stay on campus during the week while attending school and can go home for the weekends. The school is in a growth mode right now and would really like this residence hall. Chair Stoltz asked Franzen to review the staff report. Franzen stated staff recommendation is for approval based on page 3 of the staff report and the City is okay with the height of the building. Wuttke asked if the residence hall was the only thing being presented tonight as there is reference to a track. Mr. Mahr stated the track started 2 %2 years ago and is completed. The residence hall is the only request for this evening. Chair Stoltz opened the meeting up for public input. Dave Steen, of 6741 Beach Road, said his son attended the school for 15 years and stated he has not seen the map and asked where the dorm would be located. Franzen said it would be in the NE corner of the property. Mr. Steen asked if everything was on top of the hill. Franzen confirmed it was on top of the hill. Greg Burke, of 6601 Beach Road, commented on the elevation and height of the residence hall compared to the other building located there and stated he is concerned that the elevation would be much higher than the other buildings. Franzen stated there would only be about a 10 to 12 foot difference between the other buildings. Mr. Burke said he was concerned the height because he did not want to see it impact the view of the lake. Wuttke asked what type of roof structure would be on the residence hall. Mr. Mahr said it would be a flat roof like the other buildings on campus. Franzen said the residence hall is about 900 to 1000 feet from the lake and showed what it would look like from the lake. Wuttke asked if you were on the lake looking northeast, is there a detrimental difference with the height of the October 22, 2012 Page 3 building. Franzen said you would be looking at some other buildings first before seeing this structure, so it would not be a detrimental difference. Mr. Mahr said going up one floor to fit more students in the residence hall versus going wider and cutting down more trees is the logic behind the height of the building. Mr. Steen asked Franzen about Beach Road down by the school and why is does not exist. Franzen said that is just shows the right away. Rue said it is the corridor for utilities and at this point,there is no development planned for that road. Mr. Burke asked, regarding the variance request from 30 feet to 42 feet, is it justified to allow this or could there be another option. John Harriss, of Harriss Architects, and architect for the project, said he has been involved with this site since 1987. In regards to the height of the building; this project is unique. Because of the typography, it restricts what can be built on the site. Because of the nature of the property, the building has to be more dense. We tried to keep materials very earth toned; not a lot of flash to it, so it blends in more. From the lake, we feel there will be a no view obstruction and should be blending in with the rest of the school. A female resident that lives on Beach Road asked if there was a plan to plant more trees on the site. Mr. Harriss said they are subject to the tree replacement policy set forth by the City. The resident asked what would be the view from Beach Road. Mr. Harriss said you would see the building in the winter, but there would also be other buildings blocking the view. MOTION by Fyten, seconded by Wuttke, to close the public hearing. Motion carried 5-0. MOTION by Fyten, seconded by Wuttke, to recommend approval of the Planned Unit Development Concept Review on 58.29 acres, Planned Unit Development District Amendment on 58.29 acres, Zoning District Amendment within the Public Zoning District on 58.29 acres and Site Plan Review on 58.29 acres based on plans stamped dated October 1, 2012 and the staff report dated October 19, 2012. Motion carried 5-0. VII. PLANNERS' REPORT Franzen stated there will not be a meeting on November 12, in observance of Veterans Day. The next meeting will be November 26 and there will be two items on the agenda. VIII. MEMBERS' REPORT October 22, 2012 Page 4 A. CITIZEN ADVISORY COMMITTEE—LIGHT RAIL Fyten said the draft amendment is out for review. IX. CONTINUING BUSINESS X. NEW BUSINESS XI. ADJOURNMENT MOTION by Frank, seconded by Lechelt, to adjourn the meeting. Motion carried 5-0. There being no further business, the meeting was adjourned at 7:55 p.m. November 9, 2012 Dear Resident, Property owners within 500 feet of the International School property received a notice of public hearing for the October 22, 2012 Planning Commission meeting. At the October 22, 2012 meeting a resident asked if the City Council public notice could be mailed to all residents on Beach Road. The attached map shows the location of the proposed resident hall and administration building. If you would like more information about the project please call 952-949-8490. Sincerely, Regina Rojas Planner II ThreeRivers PARK DISTRICT November 15, 2012 Three Rivers Park District Board of Commissioners Regina Rojas, Planner II City of Eden Prairie 8080 Mitchell Road Sara Wyatt Eden Prairie, MN 55344 District 1 RE: International School District Residence Hall Proposal Dear Ms. Rojas, Marilynn Corcoran, District 2 Three Rivers Park District received a public notification regarding the International School District's proposal for a new residence hall from the City of Eden Prairie in late October. The Park District owns and operates Bryant Lake Regional Park located Joan Peters immediately to the School District's eastern boundary. Upon review of the proposal, District 3 the Park District offers the following comments for the City's consideration. Emergency Access Route As a condition of the International School District's original development, the City Dale Woodbeck, required a secondary emergency access route across Bryant Lake Regional Park. Vice Chair The emergency route crosses Nine Mile Creek. In order to safely cross the creek, the District 4 creek is located within a box culvert. The upstream side of the box culvert is eroding and a snowy winter and/or a rainy spring may cause high flows in the creek putting the access road in jeopardy. John Gibbs Informal review of the emergency route earlier this year by City representatives, District 5 Mary Krause, Engineer and Steve Koering, Assistant Fire Chief, indicated that the City desired upgrades to the emergency route to better accommodate emergency response equipment. The City has not provided the Park District with a list of desired or required improvements. Larry Blackstad,Chair Appointed The Park District is seeking formal confirmation that the secondary emergency route is still needed and requesting that if the City is requiring any upgrades to the route, that these requirements be established as a part of the City review/approval of the residence hall proposal. Timely direction from the City is requested as winter is the Barbara Kinsey ideal time to correct the erosion and the Park District is prepared to correct the Appointed erosion concerns this winter. However, if the City requires significant changes to the emergency route, additional collaboration between the City, School District, and Park District in respect to the scope of work and associated costs is needed. Cris Gears Grading and Stormwater Management Superintendent The grading plans indicate that earthwork will occur in close g g proximately to the western boundary of Bryant Lake Regional Park. To protect the Park's resources, the Park District requests that the School District confirm and take appropriate measures to clearly identify the property line prior to work. Administrative Center,3000 Xenium Lane North, Plymouth, MN 55441-1299 Information 763.559.9000 • TTY 763.559.6719 • Fax 763.559.3287 • www.ThreeRiversParks.org The plans and supplemental material provided to the Park District on Wednesday, November 14, 2012, did not indicate any field verification of soil type or infiltration rates. This information is crucial to designing and implementation of adequate stormwater management facilities and best management practices. Without this information, the infiltration areas appear undersized relative to standard sizing practices. To best protect Bryant Lake Regional Park and its natural resources including but not limited to Nine Mile Creek and Bryant Lake, appropriate soil and infiltration rate testing should be completed and their findings incorporated in the stromwater management plans for the residence hall proposal. Thank you for the opportunity to provide comments. Please contact me at kgrissmanCalthreeriversparkdistrict.org or 763-694-7635 with any questions, concerns, or to arrange a meeting to discuss any changes to the existing emergency route through Bryant Lake Regional Park. Sincerely, Kelly Grissman Director of Planning C: BRY G1 Eric Nelson, Civil Engineer John Barten, Director of Natural Resources J:\PROJECTS\Bryant Lake Regional Park\G1 - Property\International School District Easement Info\11-15- 2012 response to ISD res hall proposal.docx CITY COUNCIL AGENDA DATE: SECTION: Public Hearings November 20, 2012 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.F. Community Goodrich Ramus Barn (Schussler) Development/Planning Janet Jeremiah Heritage Preservation Site Permit and Conditional Use Permit Requested Action Move to: • Close the Public Hearing; and • Adopt the Resolution for Planned Unit Development Concept Review on 2.36 acres; and • Approve 1st Reading of the Ordinance for Plan ned Unit Development District Review with waivers, and Zoning District Amendment in the Rural Zoning District on 2.36 acres; and • Adopt 1st reading of an Ordinance to Designate the Goodrich-Ra mus Barn as a Heritage Preservation Site Synopsis Steven Schussler wants to use the barn as an event center and build a 432 square foot accessory structure in the Rural Zoning District. This requires the property to be designated as a Heritage Preservation Site and a Conditional Use Permit. Background Information The city code allows for adaptive re use of hist orically designated properties for commercial or office uses in the Rural Zoning District by conditional use permit. The property is zoned Rural. The following waivers are required in the rural zoning district. • Lot size from 10 to 2.68 acres. This is an existing condition. • Driveway aisle width from 25 feet to 20 feet. This is an existing condition. • Accessory structure setback from 30 feet to 5. The building could be moved west to meet the setback but would encroach into a drainage easement. • Parking setback on east property line from 10 feet to 4.3 feet. This is an existing condition. • Parking surface from hard surface to gravel. T his is an ex isting condition and part of the historic site character. • Waiver for offsite parking. The required park ing for an event center is based on the num ber of seats (208) or 104 spaces. The site has the capacity for 15 spaces. The applicant has an agreement with Elliot Aviation and Grace Church for additional parking. Second reading of the zoning ordinance, heritage site designation ordinance, site plan review and conditional use permit are located under Ordinances and Resolutions on the agenda. The 120-Day Review Period Expires on December 28, 2012. Heritage Preservation Commission Recommendation The Heritage Preservation Commission first reviewed the proposed designation of the Goodrich Ramus Barn as a Heritage Site Designation at the October 15, 2012 meeting. A public hearing was held on November 19, 2012 to approve the designation. Staff will update the City Council on the vote. Planning Commission Recommendation The Planning Commission voted 6-0 to recommend approval of the PUD, zoning amendment and conditional use permit at the October 22, 2012 meeting. Attachments 1. Resolution—PUD Concept 2. Staff Report dated 10-19-12 3. Location Map 4. Zoning Map 5. Aerial photo 6. Unapproved Planning Commission Minutes 10-22-12 7. HPC Site Registration Packet CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2012- A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF GOODRICH RAMUS BARN FOR SCHUSSLER CREATIVE,INC WHEREAS,the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Development (PUD) Concept of certain areas located within the City; and WHEREAS, the Planning Commission did conduct a public hearing on October 22, 2012 by Schussler Creative, Inc, and considered their request for approval of the PUD Concept plan and recommended approval of the request to the City Council; and WHEREAS,the City Council did consider the request on November 20, 2012. NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. Goodrich Ramus Barn,being in Hennepin County, Minnesota, legally described as outlined in Exhibit A, is attached hereto and made a part hereof. 2. That the City Council does grant PUD Concept approval as outlined in the plans stamp dated November 20, 2012. 3. That the PUD Concept meets the recommendations of the Planning Commission on October 20, 2012. ADOPTED by the City Council of the City of Eden Prairie this 20th day of November, 2012. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk EXHIBIT A PUD Concept- GOODRICH RAMUS BARN Legal Description: That part of Tract B, Registered Land Survey No. 1085, Hennepin County, Minnesota, as recorded with the Registrar of Titles, described as follows: Commencing at the most Easterly corner of said Tract B, said Easterly corner labeled as Judicial Monument No. 5 on said Registered Land Survey No. 1085, thence on an assumed bearing of South 16 degrees 46 minutes 30 seconds West, along the East line of said Tract B, a distance of 89.22 feet to the point of beginning; thence North 72 degrees 33 minutes 56 seconds West, a distance of 46.96 feet; thence South 82 degrees 28 minutes 00 seconds West, a distance of 93.96 feet; thence South 17 degrees 28 minutes 42 seconds West, a distance of 99.67 feet; thence South 66 degrees 58 minutes 41 seconds East, a distance of 111.96 feet; thence South 16 degrees 37 minutes 35 seconds West, a distance of 111.75 feet; thence South 71 degrees 43 minutes 55 seconds East, a distance of 22.23 feet to the East line of said Tract B: thence North 16 degrees 46 minutes 30 seconds East, along said East line to the point of beginning. STAFF REPORT TO: Planning Commission FROM: Michael D. Franzen, City Planner DATE: October 19, 2012 SUBJECT: Schussler Barn APPLICANT: Steven Schussler OWNER: Steven Schussler LOCATION: 14150 Pioneer Trail REQUEST: 1. Planned Unit Development Concept Review on 2.68 acres 2. Planned Unit Development District Review with waivers on 2.68 acres 3. Zoning District Amendment in the Rural Zoning District on 2.68 acres 4. Site Plan Review on 2.68 acres 5. Conditional Use Permit on 2.68 acres Staff Report—Schussler Barn October 19, 2012 BACKGROUND The city code allows for adaptive re use of historically designated properties for corn mercial or office uses in the Rural Zoning District by conditional use permit. The property is zoned Rural. On October 15, 2012, the Heritage Preservation Canmission recommended approval of an historic designation for the property. The City Council makes the final decision on the designation. This is scheduled for November 20. 2012. CONDITIONAL USE PERMIT The applicant wants to use the barn as an ev ent center and build a 432 square foot accessory building. The attached conditional use permit identifies findings and conditions of approval. PLANNED UNIT DEVELOPMENT WAIVERS The following waivers are required in the rural zoning district. • Lot size from 10 to 2.68 acres. This is an existing condition. • Driveway aisle width from 25 feet to 20 feet. This is an existing condition. • Accessory structure setback from 30 feet to 5. The building could be moved west to meet the setback but would encroach into a drainage easement. • Parking setback on east property line from 10 feet to 4.3 feet. This is an existing condition. • Parking surface from hard surface to gravel. This isan existing condition andpart of the historic site character. • Waiver for offsite parking. The required parking for an event center is based on the number of seats (208) or 104 spaces. The site has the capacity for 15 spaces. The applicant has an agreement with Elliot Aviation and Grace Church for additional parking. STAFF RECOMMENDATION Staff recommends approval of the following request: • Planned Unit Development Concept Review on 2.68 acres • Planned Unit Development District Review with waivers on 2.68 acres • Zoning District Amendment in the Rural Zoning District on 2.68 acres • Site Plan Review on 2.68 acres • Conditional Use Permit on 2.68 acres 2 Staff Report—Schussler Barn October 19, 2012 This is based on plans dated October 18, 2012, this Staff Report and the following conditions: 1. Prior to grading permit issuance, the proponent shall: A. Notify the City and Watershed District 48 hours in advance of grading. B. Install erosion control on the property, as well as tree protection fencing at the grading limits in the wooded areas for tr ees to be preserved as part of the development. Said fencing shall be field inspected by the City Forester prior to any grading. C. Submit detailed storm water runoff,utility, and erosion control plans for review and approval by the City Engineer and Watershed District. 2. Prior to building permit issuance for the property, the proponent shall: A. Submit detailed building plans to the Inspections Department and Fire Marshal for their review and approval. B. Submit samples of exterior materials to the Historic Preservation Specialist f or review and approval. 3. The following waivers have been granted through the PUD District Review for the property: • Lot size from 10 to 2.68 acres. • Driveway aisle from 25 feet to 20 feet. • Accessory structure setback from 30 feet to 5 feet. • Parking setback on east property line from 10 feet to 4.3 feet. • Parking surface from hard surface to gravel. • Waiver for offsite parking. 4. The accessory building colors and exterior materials need to match the barn. 3 Area Location Map - Schussler Barn Address: 14150 Pioneer Trail, Eden Prairie, MN 1 Staring Lake rirc ` Pioneer Trail • Z z ,`: _o J Y Q Z Z . i • . Op! • W J O illillftiJ Q Z J Z 0 m N IIIIIIi 0 300 600 1,200 eet Zoning Map Schussler Barn 14150 Pioneer Trail, Eden Prairie MN ISITE Pioneer Trail IT! illi 1.-- Ili'INIIIIMIIIINPN........_: City of Eden Paine Zoning Map Rural -Regional Commercial Shoreland Management Classifications N R1-44 One Family-44,000 sf.min. 1-7TC-C NE I Natural Environment Waters R1-22 One Family-22,000 sf min. n TC-R I RD I Recreational Development Waters R1 13.5 One Family 13,500 sf min. al TC-MU I GD I General Development Waters(Creeks Only) I t . i R1-9.5 One Family-9,500 sf min. I Industrial Park-2 Acre Min, ® 100- Year Floodplain RM-6.5 Multi-Family-6.7 U.P.A.max. Industrial Park- 5 Acre Min. EDEN Up dated through approved Ordinances#26-2008 -RM-2.5 Multi-Family-17.4 U.P.A.max.1.111 General Industrial-5 Acre Min. Ordinance#33-2001(BFI Addition)approved,but not shown on this map edition PRAIRIE Office J Public Date:March 1,2009 Neighborhood Commercial I I Golf Course In case of discrepancy related to a zoning classitmaeon on this zoning map,the ordinance uVE•WOHK•OHEAM and attached legal description on file at Eden Paine Ciry Center will prevail. -Community Commercial Water -Highway Commercial Right of Way 0 0.1 0.2 -Regional Service Commercial Miles _,op..m..,rmo..,..�.,ti4..o..o.a., ...L.1..m ,..,,m„ Aerial Map Schussler Barn 14150 Pioneer Trail, Eden Prairie, MN ,fin Iii, - , i r F1lle ��'Y I T • nn rY , r Pioneer Trail 4 -,.or— . . UNAPPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY, OCTOBER 22, 2012 7:00 P.M., CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: Steven Frank, Matt Fyten, John Kirk, Katie Lechelt, Jacob Lee, Jerry Pitzrick, Kevin Schultz, Jon Stoltz, Travis Wuttke STAFF MEMBERS: Michael Franzen, City Planner Rod Rue, City Engineer Stu Fox, Manager of Parks and Natural Resources Julie Krull, Recording Secretary I. PLEDGE OF ALLEGIANCE—ROLL CALL Chair Stoltz called the meeting to order at 7:00 p.m. Kirk, Lee, Pitzrick and Schultz were absent. II. APPROVAL OF AGENDA MOTION by Lechelt, seconded by Frank, to approve the agenda. Motion carried 5-0. III. MINUTES A. PLANNING COMMISSION MEETING HELD ON OCTOBER 8, 2012 MOTION by Frank, seconded by Wuttke, to approve the minutes. Motion carried 3-0. Fyten and Stoltz abstained. IV. INFORMATIONAL MEETINGS V. PUBLIC MEETINGS VI. PUBLIC HEARINGS A. SCHUSSLER BARN by Steven Schussler Location: 14150 Pioneer Trail. Request for: October 22, 2012 Page 2 • Planned Unit Development Concept Review on 2.68 acres • Planned Unit Development District Review with waivers on 2.68 acres • Zoning District Amendment within the Rural Zoning District on 2.68 acres • Conditional Use Permit Review • Site Plan Review on 2.68 acres Rob Erickson, of Welsh Companies, 4350 Baker Road, Minnetonka, MN, presented the proposal. He said they are here tonight because they want to upgrade the barn on the property. Mr. Erickson utilized the overhead projector to show the barn and parking stalls. He said they would like to use the barn for events and would like to construct a 432 square foot accessory structure to add an elevator to the barn for access to the 2nd floor of the barn. This floor is the primary floor for entertainment. Mr. Erickson pointed out they have taken guidance from the City in regards to this project. Chair Stoltz asked Franzen to review the staff report. Franzen stated staff recommendation if for approval based on pages 2-3 of the staff report and the Conditions of Use Permits. Chair Stoltz opened the meeting up for public input. There was no input. MOTION by Wuttke, seconded by Lechelt, to close the public hearing. Motion carried 5-0. MOTION by Wuttke, seconded by Fyten, to recommend approval of the Planned Unit Development Concept Review on 2.68 acres, Planned Unit Development District Review with waivers on 2.68 acres, Zoning District Amendment within the Rural Zoning District on 2.68 acres, Conditional Use Permit Review, and Site Plan Review on 2.68 acres based on plans stamped Dated October 18, 2012 and the staff report dated October 19, 2012. Motion carried 5-0. VII. PLANNERS' REPORT Franzen stated there will not be a meeting on November 12, in observance of Veterans Day. The next meeting will be November 26 and there will be two items on the agenda. VIII. MEMBERS' REPORT A. CITIZEN ADVISORY COMMITTEE—LIGHT RAIL Fyten said the draft amendment is out for review. IX. CONTINUING BUSINESS October 22, 2012 Page 3 X. NEW BUSINESS XI. ADJOURNMENT MOTION by Frank, seconded by Lechelt, to adjourn the meeting. Motion carried 5-0. There being no further business, the meeting was adjourned at 7:55 p.m. City of Eden Prairie Heritage Preservation Commission Site Registration Goodrich-Ramus Barn .h• Al t. • • Goodrich-Ramus Barn Heritage Preservation Site—page 1 CITY OF EDEN PRAIRIE HERITAGE PRESERVATION SITE NOMINATION GOODRICH-RAMUS BARN This report contains information supporting the nomination of the Goodrich-Ramus Dairy Barn(commonly known as the Schussler Barn) for designation as a Heritage Preservation Site pursuant to City Code §11.05. It identifies and locates the historic property, explains how it m eets the Heritage Preservation Site e ligibility criteria, makes the case f or its historic significance and integrity, and recommends a plan of treatment to guide site preservation and rehabilitation efforts. On ce the Barn has been design ated a Heritage Preservation Site by the Eden Prairie City Council, this document will become part of the official record. The report is divided into five sections: pl anning information, description, significance, sources of inform ation, and treatm ent plan. Maps,plans, photographs, and other supporting documents are included as attachments. Following Heritage Preservation Site designation by the City Council, the State Historic Preservation Officer comment letter, public hearing notice, and a signed copy of the resolution should be added here. The draft report was prepared by Pathfinder CRM, preservation consultants retained by the City of Eden Prairie, who are solely responsible for the information contained herein. Goodrich-Ramus Barn Heritage Preservation Site—page 2 I. PLANNING INFORMATION Name The historic name of the property being nominated is the Goodrich-Ramus Dairy Barn. It is commonly known as the Schussler Barn. Location Township: 116, Range: 22, Section: 27. Street address is 14150 Pion eer Trail, Eden Prairie. SHPO inventory number: HE-EPC-102. Boundaries The heritage preservation site includes the Barn and contiguous land. A storm basin is also located within the Heritage Preservation Site. The legal description of the property is follows below: That part of Tract B, Registered Land Survey No. 1085, Hennepin County, Minnesota, as recorded with the Registrar of Titles, described as follows: Commencing at the most Easterly corner of said Tract B, said Easterly corner labeled as Judicial Monument No. 5 on said Registered Land Survey No. 1085, thence on an assumed bearing of South 16 degrees 46 minutes 30 seconds West, along the East line of said Tract B, a distance of 89.22 feet to the point of beginning; thence North 72 degrees 33 minutes 56 seconds West, a distance of 46.96 feet; thence South 82 degrees 28 minutes 00 seconds West, a distance of 93.96 feet; thence South 17 degrees 28 minutes 42 seconds West, a distance of 99.67 feet; thence South 66 degrees 58 minutes 41 seconds East, a distance of 111.96 feet; thence South 16 degrees 37 minutes 35 seconds West, a distance of 111.75 feet; thence South 71 degrees 43 minutes 55 seconds East, a distance of 22.23 feet to the East line of said Tract B: thence North 16 degrees 46 minutes 30 seconds East, along said East line to the point of beginning. Owner The site is owned by Steven Schussler, Schussler Creative, Inc. Classification For preservation planning purposes, the Goodrich-Ramus Barn is classified as a building. Present Use The historic property is presently used as a storage facility for Schussler Creative, Inc. Goodrich-Ramus Barn Heritage Preservation Site—page 3 II. DESCRIPTION General Character The Goodrich-Ramus Barn is a rehabilitated barn that was constructed in 1942 for use as a dairy barn. Today the barn is the only re maining building from the original Goodrich- Ramus farmstead founded by the Goodrich fa mily in 1867. Current storage use m ay change to an event and entertainm ent use pending approval of a Conditional Use P ermit by the City of Eden Prairie. Physical Setting The historic barn is situ ated along the north side of Pioneer T rail (CSAH 1), approximately midway between Staring Lake Boulevard on the west and State Highway 212 on the east. Flying Cloud Airport occupies land to the south, which now includes the majority of onetime Goodrich-Ramus farmland. The historic property's north side is on land contiguous to the north shore of Staring Lake, land now owned by the City of Eden Prairie, but once part of the original farmstead. Land west of the site is City parkland. To the east is a parcel of land owned by th e Metropolitan A irports Commission, which remains undeveloped. Further east is the City owned historic John R. Cummins property. Generally, the site is now in a suburban park setting. Staring Lake is a typical glacial lake that formed at the clos e of the ice age from the melting of an ice b lock in the ou twash plain. The lake margins were filled with shallow wetlands, also formed by the melting of buried ice, but thes e have mostly been filled in sinc e the ar ea was settled. The surrounding terrain shows abundant evidence of prehistoric glaciation in the form of undulating outwash terraces and valley train landforms. The natural vegetation at the time of the public land survey was maple-basswood forest, oak savannah and tall grass prairie. Today the area north of the site is m ore characteristic of a floodplain forest dominated by maple, cottonwood, ash, and willow. All the rest of the farm stead buildings have been removed. Most vegetation has been removed also with the exception of the existing trees that surround the barn. In the area where the farm's house once stood there is now a large storm water collection basin. The storm water basin has had extensive landscaping done to mitigate its visual impact on the site. Nearby land use is dominated by medium-density residential subdivision tracts. The owner has installed a perimeter fence; white post and rail style, and randomly placed what appear to be plastic, life-size cows on the property. Building The Goodrich-Ramus barn is a two-story dair y barn with a rectangular plan, a Gothic arch roof, and an attached m ilk house on the west side, and a block silo on the east side. The foundation is concrete, while th e first story walls are made of glazed structu ral clay block, with face dimensions of 12-by-5 inches. The sidewalls and the gable-end walls of the haymow level are wood-fra med and finished with horizontal redwood siding. The roof is covered with asphalt shingles and is capped by two sheet metal-clad ventilators. A one-and-one-half story, arch-roofed wing is attached to the west elevation; it has the same Goodrich-Ramus Barn Heritage Preservation Site—page 4 exterior finishes as the barn and houses the milk house on the ground floor-level with living quarters (for the hired m an) above. Directly opposite from the milk house wing, a 14-foot diameter hollow clay bl ock tile silo is attached to the east wall of the barn by means of a short, one-and-on e-half story, arched-roofed structural element which historically contained feed r ooms. One of the curved silo blocks displays the im print: "BUILT BY JOHNSTON CALY WORKS INC. FORT DODGE IA. 1942." Fenestration is symmetrical with the east and we st side stable elevations pierced for six large rectangular windows. At the time of the transfer of title to Schussler Creative, Inc. the windows on the stable walls were boarded up. Mr. Sc hussler has since replaced the windows to closely match in size and style the original six-over-six hopper windows; the traditional dairy sash are preserved intact in the milk house, where the second-floor hired man's room has a west-facing window fitted with a six-over-six double hung sash. The north and south walls of the upper story have service doors at floor-level and pairs of square fixed windows (probably replacements), set high in the gable-end wall to daylight the haymow; a pair of large sliding hay doors are set in the south gable-end underneath a triangular arched hay hood (which also has be nt rafters to match the gothic curve of the main roof). Large ground-level openings at the gable-ends originally provided access to a paved driveway which ran lengthwise down the center of the stable between two parallel rows of stanchions or tie-stalls, with feed alleys along the outer walls. The interior features and finishes reflect its historic function as a dairy barn. The interior walls of the stable area are finish ed with glazed clay tile block and a tight bead-board ceiling. The spaces in th e north end of the stable that that would have traditionally been reserved for maternity pens and other special-use areas now have block and wood framed partition walls, though the cen ter driveway re mains unobstructed. The two-room milk house has block walls,bead-board ceilings, and concrete floors. There are no traces of a milking parlor, indicating that the dairy herd was hand-m ilked. The original stable floor has been replaced with a concrete slab and two rows of transverse tim ber beams supported by square timber posts that carry the weight of the upper floor. The upper level is dominated by a cavernous haymow that is entirely free of trusses and braces. The distinctive rafter system consists of gl ued and lam inated wooden arches on two foot centers, secured to the top of the masonry walls with a unique m etal anchoring system. Each rafter is made of seven-ply, one inch pieces of glued Douglas-fir,joined end-to-end with the grain oriented parallel to length and the joints staggered. Many of the rafters are stenciled with"Mfg. By R ilco INC. Albert Lea, Minn. Pat. 2169474." The "ridge iron" and track hangers at the peak of the roof, fr om which the h ay carrier is suspended, also bear the Rilco na me. The haym ow floor is c overed with a single layer of wide, three- quarter-inch thick, tongue-and-groove fir planking, laid longitudinally and nailed directly onto the floor joists. The walls and ceiling of the hired man's room above the milk house are finished in plywood with batten strips covering seams. Two wooden staircases lead to the upper level, one from the stable area and th e other from the feeding room between stable and silo. Both are open risers, simple construction with handrails. Overall, the barn is in an excellent stat e of preservation, struct urally sound throughout, and altered very little from its historic appearance. Goodrich-Ramus Barn Heritage Preservation Site—page 5 Additions and Alterations Below are listed alterations coin pleted by Schussler Creative, Inc. sin ce acquiring the property in 2010: • The silo recently had a new m etal cap pl aced to preserve the masonry structure and add to its historic appearance. • New flooring has been laid over the orig inal fir, tongue-and-groove flooring on the haymow floor. The fir floor is intact below the new flooring material. • Windows in the stable walls have been replaced with similar six-over-six sash. • Overhead garage doors (non original); ha ve been replaced with appropriate wooden barn doors. • Chandelier lighting has been installed in the haymow. • Electrical Service from street to building has been buried underground. Goodrich-Ramus Barn Heritage Preservation Site—page 6 III. SIGNIFICANCE National Register The subject property has been determ fined eligible for the National Re gister of Historic Places and meets the requirements for listing under Criteria A and C. Built in 1942, it is a notable, well preserved exam ple of a two-st ory, gothic arch-roofed "Wisconsin" type dairy barn, and an important Midwestern property type. The building derives its prim ary significance from its physical design and construction values under Criterion C with reference to its glued and lam inated arch rater system, designed and fabricated by Rilco Laminated Products, Inc. of Albert Lea, Minnesota. Rilco was founded in 1939 as one of the first North Am erican manufacturers of laminated timber products, a building technology that was first introduced into the United States in 1935. Secondarily, the barn is significant under Criterion A on the basis of its association with the broad pattern of agricultural history, representing an important aspect of Eden Prairie's rural heritage. Local Register The property has been evaluated as substantially meeting the criteria for eligibility for local nomination to the City Register of Heritage Preservation Sites as indicated in CITY CODE Chapter 11, SEC. 11.05, Subd. 3., Paragraph B.)HERITAGE PRESERVATION SITES: Criteria for Eligibility. The Comm ission shall recommend to the Council that an area, building, historic dist rict, or object be designate d a Heritage Preservation Site, when: (i) the quality in Am erican history, architect ure, archaeology, engineering, and culture is present in the historic district, site, building, structure or object and(ii) the histor is district, site, building, structure or object possess integrity of location, design, setting, m aterials, workmanship, feeling, and association and(iii) the hist oric district, site,building, structure or object m eets one or more of the criteria listed below. 1. It is associated with events that have made a significant contribution to the broad patterns of our history; or 2. It is associated with the lives of persons significant in our past; or 3. It embodies the distinctive characteristics of a t ype, period, or method of construction, or that rep resent the work of a ma ster, or that possess high artistic values, or that represent a significant a nd distinguishable entity whose components may lack individual distinction; or 4. It has yielded or m ay be likely to yield, inform ation important in prehistory or history. Commission Findings: Goodrich-Ramus Barn Heritage Preservation Site—page 7 The Heritage Preservation Comm ission has determined that the Goodrich-Ram us Barn has been found to substantially m eet criteria 1 and 3 above. Under Cr iteria 1 the barn is associated with the broad patterns of agricultural history, and the Goodrich family; early local farmers that settled in Eden Prairie in 1867 and maintained a farm in the City until the early 1960's when the farm was sold to the Ramus family. Under Criteria 3 the barn is found to embody the distinctive method and st yle of construction utilizing engineered, glued and lam inated wood arch structural m embers. For identification and survey purposes the barn was also found to m eet the registration criteria and definition of a significant agriculture building as found in the City-Wide Cultural Resources Survey of Eden Prairie, Minnesota Yearl: 1992 (Tellu s Consultants, Inc. ), in Context IV: Agricultural Settlement, 1850-1950. The barn retains historic integrity of all features necessary to convey its significance and it is probably one of the best-preserved historic farm barns of its type in the Twin Cities area. Historic Context Dairy barns are an enduring symbol of the state's agricultural heritage and represent perhaps the most recognizable class of farm buildings which make up the rural built environment. Its form and historic function reflect important broad patterns of settlement and agricultural development. The Wisconsin-type dairy barn in particular exhibits certain adaptations to the Upper Midwestern environment but at the same time it shares important traits and physical characteristics that reflect a broader national vernacular pattern. As the name suggests, this type of barn was developed for dairy farmers I the northern dairy region and it incorporates many design features perfected by agricultural engineers and dairy specialists at the Wisconsin Agricultural Experiment Station in Madison. The design reflects not only the state of the art in mid-twentieth century agricultural engineering but the influence of government regulation of the dairy industry through compulsory tuberculin testing and pasteurization. The first common farm buildings designed from the ground up by professionally trained engineers; it incorporated a number of recent scientific improvements and had a profound impact on the barn throughout the Midwest. The barn's design probably also marks the first time in agricultural history where the comfort of the animals housed in the stable was a priority. Evidence of its evolving plan and character can be seen in the University of Wisconsin Dairy Barn on the grounds of the agricultural experiment station in Madison, built in 1897 with additions in 1909 and 1916. Several University of Wisconsin faculty and staff played pivotal roles in the development of the Wisconsin type dairy barn and it was widely promoted as the ideal dairy barn for the north-central states by engineers, agricultural experiment stations, government bureaus,barn planning services, industry groups—and famers. The Goodrich-Ramus Barn is a relatively small barn by contemporary standards and housed about eighteen milk cows in stanchions or tie-stalls. The dairy herd would have been kept in the barn during the winter except for an hour or two of daily exercise in Goodrich-Ramus Barn Heritage Preservation Site—page 8 good weather, and during the spring and summer they were put out to pasture and brought in to the barn at milking time. By the 1940's, swinging stanchions had replaced the old-fashioned rigid stanchions. There is no milking parlor in the barn, as cows were milked one after the other, either by hand or with a milking machine that was transported on a cart—we know that hand milking persisted in rural Hennepin County well after World War II on farms with small herds. The barn stable area was designed to be kept clean as the farm wife's kitchen and the abundance of windows reflected the emerging science of bacteriology, as the increased sunlight reduced bacterial growth in addition to making barn chores easier. Most significantly, the Goodrich-Ramus barn has been evaluated in the context of its association with the history of glued and laminated timber arch construction and specifically its connection with the Rilco Laminated Products Company. According to recent scholarship, the Weyerhaeuser Sales Company (a subsidiary of Weyerhaeuser Timber Company based in St. Paul)became interested in glued and laminated wood manufacturing in the early 1930's. Production of arched barn rafters was begun on an experimental basis by the St. Paul-based Rock Island Sash and Door Works, which in 1937 sold its laminating machinery to Rock Island Lumber Company, another Weyerhaeuser-affiliated enterprise. In 1939 a new company, Rilco Laminated Products, Inc., was formed to manufacture laminated arches for barns and other agricultural structures in leased factory space in Albert Lea, Minnesota. Rilco marketed its arch-roof barns throughout the Upper Midwest and during World War II the company fabricated laminated timbers used in military construction such as airplane hangars. After the war a new manufacturing facility was built in Albert Lea and in 1960 Rilco was acquired by Weyerhaeuser Company, which eventually shut down the Albert Lea plants in 1982. Farm barns like the Goodrich-Ramus Barn represent a set of scarce, non-renewable cultural resources that make an important contribution to the state's distinctive character and regional identity. There are presently no reliable estimates of the number of historic farm barns which remain standing in the state as a whole or in any of its subdivisions, for there has not yet been a comprehensive statewide survey of barns. The State Historic Preservation Office has estimated that 75% of the farm barns built before 1930 had been lost by the year 2000. The prevailing view among preservationists in the Twin Cities is that historic barns are the architectural equivalent of an endangered species in the metropolitan area. Chronology 1867: Horace H. Goodrich acquires farm in Eden Prairie 1960's: Goodrich farm acquired by Clarence and Dorothea Ramus 2005: Section 106 review process begins fo r Hennepin County plans to expand Pioneer Trail (CSAH 1) 2007: Hennepin County Transportation Departm ent circulates construction plans for the Pioneer Trail (CSAH 1) expansion Goodrich-Ramus Barn Heritage Preservation Site—page 9 2007: Hennepin County petitions to condemn farm property (owned by Floyd Sjostrand) for additional right-of-way and storm water treatment basin space 2008: Goodrich-Ramus Barn determined eligible for the National Re gister of Historic Places 2008: Hennepin County completes acquisition of property 2008: Plans for Storm Water Basin B are s ubmitted by the Hennepin County that would allow the barn to remain in place with 20 foot buffer and drive lane access 2010: Property acquired by Steven Schussler, Schussler Creative, Inc. 2010: Barn property purchase agreement includes a historic preservation deed restriction on the title IV. SOURCES OF INFORMATION Original plans for the barn do not exist. Fortunately, Rilco brochures used to market their barns illustrate many similar structures and provide a very complete documentation of how the barn was constructed. Rilco brochures and other company materials are located in the Minnesota Historical Society's library collections. The following published works provide background information related to the property's architectural and historical associations: The 106 Group, Ltd. "Phase I Archaeological Survey and Phase II Architectural History Survey of 14150 Pioneer Trail for CSAH 1 Reconstruction Project, Eden Prairie, Hennepin County, Minnesota."December, 2007. Anderson, Helen Holden. "Eden Prairie the First 100 Years."Viking Press. 1979. Granger, Susan, and Scott Kelly. "Historic Context Study of Minnesota Farms, 1820-1960."Vol. 1 and 3. Prepared for the Minnesota Department of Transportation, June 2005. Hess, Roise and Company. "Goodrich-Ramus Barn MHPR."Prepared in 2008-2009 by Elizabeth A. Gales for the Minnesota Department of Transportation and Minnesota State Historic Preservation Office. Pathfinder CRM, LLC. "Adaptive Reuse Study of the Historic Goodrich-Ramus Barn, 14150 Pioneer Trail, Eden Prairie, Minnesota."August 25, 2008. Prepared for the City of Eden Prairie, Pioneer Trail (CSAH 1) Reconstruction Project. Available at the Minnesota State Historic Preservation Office, Saint Paul. Rhude, Andreas Jordahl. "Structural Glued Laminated Timber: History Development In the United States."APT Bulletin 29 (1998): 11-17. . "Timeline: Rock Island Sash& Door Works and Rilco Laminated Products, Inc."January 7, 1995. Goodrich-Ramus Barn Heritage Preservation Site—page 10 V. TREATMENT PLAN Expectations The Heritage Preservation Commission (HPC ) is responsible for reviewing C OA's involving designated Heritage Preservation Sites. To this end, the HPC has adopted the Secretary of the Interior's Standards for the Treatment of Historic Properties as the basis for its review decisions. Treatment Concept The preferred treatment of the Goodrich-Ram us Barn is rehabilitation, which is defined in the Secretary of the Interior's Standards as the act or process of returning a property to a state of utility th rough repair or alte ration which m akes possible an efficient contemporary use while presery ing those portions or features of the property which are significant to its histo rical, architectural, and cultural values. While city officials will need to ensure that the integrity of existing historic features is preserved, the HPC does not envision significant restoration work to recover architectural details lost prior to 1960. The present use of the historic barn is wholly corn patible with its historic character. For preservation planning purposes, the barn's "period of significance" is 1942 to 1 960. The period of significance begi ns with the date of original construction and spans the length of time when the build ing attained the architectural characteristics and his torical associations which qualify it for registration. Permit Review Standards and Guidelines Design review decisions should give priority to: • Retaining original arches, framing, and m illwork whenever poss ible, with replacement of deteriorated structural members only when necessary. • Repairing or replacing de teriorated interior woodwork and m asonry with new material that duplicates the old as closely as possible. • Preserving the existing ground plan and roof shape. • Retaining the existing window and door openings. • Repair existing windows where possible. If necessary, replacements should match the original in materials, form and function. Goodrich-Ramus Barn Heritage Preservation Site—page 11 • Exterior finishes should be consistent with the barn's historic finishes. • Preserving as much original interior material as possible, except where removal or replacement is essential for safety or efficiency. • Keeping adjacent new construction to a m inimum, making the new work visually unobtrusive or corn patible with the barn and setting. The use of contem porary designs and materials should not be discou raged when they are corn patible with the character of the historic property. • Placing mechanical systems in areas that will require the least possible alteration to the physical appearance of the building. For additional guidance, consult The Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitation, Restoring&Reconstructing Historic Buildings (U.S. Department of the Interior,National Park Service, 1995). Best Management Practices While the Secretary o f the Interior's St andards provide the basis for a regulatory approach to heritage resource protection, the developm ent and use of Best Managem ent Practices (BMP's) can prevent or minimize the impact of routine activities that degrade historical significance and integrity in Her itage Preservation Sites. BMP's should be reasonable, achievable, and cost-effectiv e; and because each preservation resou rce is unique, BMP's also need to be tailored to meet the requirements of individual properties. The development of BMP's for the Goodrich-Ramus Barn shall be a joint responsibility of the current owner, Schussler Creative, Inc. and the HPC. Goodrich-Ramus Barn Heritage Preservation Site—page 12 VI. ADDITIONAL DOCUMENTATION 1) Location Map 2) Archival Photographs 3) Contemporary Photographs 4) Minnesota SHPO Comment Letter 5) Heritage Preservation Site Public Hearing Notice 6) Resolution Goodrich-Ramus Barn Heritage Preservation Site—page 13 R.LndO a r 1 ��11 MIME View s T sg EliLake ���!!! "11 12 �a it Martin Cam. � • � � SouthIS Ur. �i ° 494:1tj Lakelri. c. ,/....4. _ ,..._ 312 I�*� I r �W �12 ' 5�.r,, I „ R•.�, A � ra ri l 79 .r ScenicHe^'-t o s is°� � 6t 13 �� / -ed — a• C *� Pr /a-�� z . And!son SBQ o ° p Via° Rockli am Lak- o� /cP� �°y1 Lake Anderson <a4 eLake Phil- ¢ es i�/ 20 21 tC 22 i ° p%aneer Staring fco rar Lake =° VON', ?. - /' - -EL 409 Oa0 • v ¢ ri a � 2s i9 azs j0 Flying ,a .00iOtd cf !ot1111 — I i 0 /VIng6 212 LLr ` Grass Lake 169 J 32 � 11 \ Riveraa % .. 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Goodrich-Ramus Barn Heritage Preservation Site—page 17 CITY COUNCIL AGENDA DATE: SECTION: Public Hearings November 20, 2012 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.G. Community The Ridge at Riley Creek 5th Addition Development/Planning Janet Jeremiah/Regina Rojas Requested Action Move to: • Close the Public Hearing; and • Adopt the Resolution for Planned Unit Development Concept Review on 0.76 acres; and • Approve 1st Reading of the Ordinance for Plan ned Unit Development District Review with waivers, and Zoning Di strict Amendment within the R1-13.5 Zoning Di strict on 0.76 acres; and • Adopt the Resolution for Preliminary Plat on 0.76 acres into 2 lots; and • Direct Staff to prepare a Developm ent Agreement incorporating Staff and Commission recommendations and Council conditions. Synopsis The Ridge at Riley Creek 5th Addition was given preliminary approval for 5 single family lots at the February 21, 2012 City Council meeting. JMS Custom Homes has recently decided to modify the plan and not include property at 9667 and 9687 Sky Lane. The proposal is to plat one existing lot into two single-family lots. The proposed lots meet the requirements for the R1-13.5 zoning district. Background Information The 120-Day Review Period Expires on December 31, 2012. Planning Commission Recommendation The Planning Commission voted 5-0 to recommend approval of the project at the October 22, 2012 meeting. Attachments 1. Resolution PUD Review 2. Resolution Preliminary Plat 3. Staff Report 4. Location Map 5. Land Use Map 6. Zoning Map 7. Aerial photo 8. Planning Commission Minutes THE RIDGE AT RILEY CREEK 5TH ADDITION CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2012- A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF THE RIDGE AT RILEY CREEK 5TH ADDITION FOR JMS CUSTOM HOMES,LLC WHEREAS,the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Development (PUD) Concept of certain areas located within the City; and WHEREAS, the Planning Commission did conduct a public hearing on October 22, 2012, on The Ridge at Riley Creek 5th Addition by JMS Custom Homes, LLC and considered their request for approval of the PUD Concept plan and recommended approval of the request to the City Council; and WHEREAS,the City Council did consider the request on November 20, 2012. NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. The Ridge at Riley Creek 5th Addition, being in Hennepin County, Minnesota, legally described as outlined in Exhibit A, is attached hereto and made a part hereof. 2. That the City Council does grant PUD Concept approval as outlined in the plans stamp dated September 18, 2012. 3. That the PUD Concept meets the recommendations of the Planning Commission October 22, 2012. ADOPTED by the City Council of the City of Eden Prairie this 20th day of November, 2012 Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk EXHIBIT A PUD Concept- THE RIDGE AT RILEY CREEK 5TH ADDITION Legal Description: Lot 11, Block 2, The Ridge at Riley Creek 2nd Addition THE RIDGE AT RILEY CREEK 5TH ADDITION CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2012- RESOLUTION APPROVING THE PRELIMINARY PLAT OF THE RIDGE AT RILEY CREEK 5TH ADDITION FOR JMS CUSTOM HOMES,LLC BE IT RESOLVED,by the Eden Prairie City Council as follows: That the preliminary plat of The Ridge at Riley Creek 5th Addition for JMS Custom Homes, LLC stamp dated September 18, 2012, and consisting of 0.76 acres into 2 lots, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the 20th day of November, 2012. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk STAFF REPORT TO: Planning Commission FROM: Regina Rojas, Planner II DATE: October 19, 2012 SUBJECT: The Ridge at Riley Creek 5th Addition APPLICANT/ JMS Custom Homes, LLC OWNER: LOCATION: 9567 Sky Lane 120 DAY REVIEW: December 31, 2012 REQUEST: • Planned Unit Development Concept Review on 0.76 acres • Planned Unit Development District Review on 0.76 acres • Zoning District Amendment within the R1-13.5 Zoning District on 0.76 acres • Preliminary Plat of 0.76 acres into 2 lots BACKGROUND The Comprehensive Guide Plan shows the properties and adjacent properties as Low Density Residential for up to 2.5 units per acre. The property is zoned R1-13.5. Surrounding zoning is R1-13.5 and Rural. There is an existing house and garage located on proposed Lot One, Block One. PRELIMINARY PLAT The Ridge at Riley Creek 5th Addition was given preliminary approval for 5 single family lots at the February 21, 2012 City Council meeting. JMS Custom Homes has recently decided to modify the plan and not include property at 9667 and 9687 Sky Lane. The proposal is to plat one existing lot into two single-family lots. The proposed lots meet the requirements for the RI-13.5 zoning district. GRADING AND TREE LOSS There are 86 caliper inches of trees are shown on the plan to meet the original requirement for The Ridge at Riley Creek PUD project. Staff Report—The Ridge at Riley Creek 5th Addition October 19, 2012 Page 2 DRAINAGE AND UTILITIES City sewer and water is available to the properties. FLYING CLOUD AIRPORT Flying Cloud Airport is located approximately one mile to the east of the property. Noise zones are based on noise contours determined from forecasted aircraft operations at the airport and are shown as DNL 60 and DNL 65 contours. All homes are located outside these zones. Due to the projected number of aircraft over-flights to occur in this area, the developer will need to provide a disclosure statement to all first homeowners in the development advising of the proposed airport expansion and associated over-flights. In addition, each home will need to be designed and constructed to provide for an interior noise reduction to 45 dBA based on the Metropolitan Council's Builder Guide. STAFF RECOMMENDATION Recommend approval of the following request: • Planned Unit Development Concept Review on 0.76 acres • Planned Unit Development District Review on 0.76 acres • Zoning District Amendment within the R1-13.5 Zoning District on 0.76 acres • Preliminary Plat of 0.76 acres into two lots This is based on plans stamp dated September 18, 2012 the Staff Report dated October 19, 2012 and the following conditions: 1. Prior to release of the final plat, the proponent shall: A. Submit detailed storm water runoff, utility, and erosion control plans for review and approval by the City Engineer and Watershed District. B. Pay all City sewer and water assessment and connection fees. 2. Prior to grading permit issuance, the proponent shall: A. Notify the City and Watershed District 48 hours in advance of grading. 3. Prior to building permit issuance for the property, the proponent shall: A. Provide building documentation to the Building Official verifying that the houses will meet an interior noise reduction to 45 dBA according to the Metropolitan Council's Builders Guide. B. Provide a disclosure statement to all first homeowners advising of the propose airport expansion and associated over flights. C. Pay the appropriate cash park fee. Area Location Map - Ridge at Riley Creek 5th Addition Address: 9567 Sky Lane, Eden Prairie, MN 55347 lir _____ I %Ilir Sky Lane P4114 ,, 7 1 , J } ,, 9567 Sky Lane SITE ALTO WAY 1 Alto Way / I Stratus Court silaiusc i 9667 &9687 Sky Lane No Longer Part of the Project Request 11.01.1.111111 c--us Cirrus Way •,',oc ik , 11101AVIIIIIIII IIIII MEM 0 175 350 700 Feet 1 I Guide Plan Map Ridge at Riley Creek 5th Addition 9567 Sky Lane, Eden Prairie, MN ‘ 1 4 II r Sky Lane Al >/ / 9567 Sky Lane Stratus Court , Alto Way r A 9667 &9687 Sky Lane INNo Longer Part of the Project Request Avid Cirrus Way 'ty . � - 'eL . c Plan Map � 20 111111.111.11.4111111 Legend N Rural Residential 0.10 Units/Acre Neighborhood Commercial Streams Low Density Residential 0-2.5 Units/Acre - Community Commercial Principal Arterial 1772 Low Density/Public/Open Space - Regional Commercial -A Minor Arterial B Minor Arterial ' ' + 'l 77 Medium Density residential 2.5-10 Units/Acre -Town Center DATE Approved 03-19-03 DATE Revised 12-06-06 Major Collect DATE Revised 01-07-05 DATE Revised 03-01-07 E E N n or Medium Density Residential/Office - Park/Open Space DATE Revised 11-07-05 DATE Revised 06-01-07 Minor Collect or DATE Revised 02 02-23-06 DATE Revised 10-01-07 1 High Density Residential 10-40 Units/Acre - Public/Quasi-Public DATE Revised 03-23-06 DATE Revised 03-01-08 DATE Revised 06-23-06 DATE Revised 03-01-09 WI Airport Golf Course PRAIRIE Office - Church/Cemetary V/� Office/Industrial Open Water II.�_op•.... .o•.m_• ®•�..a•, •. .a ar 1e 0® i�VE•wOx[•pAEAM VA Office/Public/Open Space = fight-Of-Way 0.125 0 - Industrial I I Miles Zoning Map Ridge at Riley Creek 5th Addition 9567 Sky Lane, Eden Prairie MN 2_ . ----� r� - iftip. . / N--------____] ___ ________ .____,,,.._ �_ ._ ( I Sky Lane .. . .,,i( SITE 19567 Sky Lane -i/7_,,.._______ r1 Alto Way Stratus Court \ / 19667&9687 Sky Lane No Longer Part of the Project Request Cirrus Way r / 1 C. y f Eden . - = \ire g Map 4 Rural -Regional Commercial Shoreland Management Classifications N R144 One Family-44,000 sf.min. -TC-C NE I Natural Environment Waters R1-22 One Family-22,000 sf min. MITC-R I RD I Recreational Development Waters R1 13.5 One Family 13,500 sf min. -TC MU I GDI General Development Waters(Creeks Only) f t rp i R1-9.5 One Family-9,500 sf min. 1 Industrial Park-2 Acre Min, ® 100- Year Floodplain i RM-6.5 Multi-Family-6.7 U.P.A.max. - Industrial Park- 5 Acre Min. EDEN Up dated through approved Ordinances#26-2008 -RM-2.5 Multi-Family-17.4 U.P.A.max. -General Industrial-5 Acre Min. Ordinance#33-2001(BFI Addition)approved,but not shown on this map edition PRAIRIE Office -Public Date:March 1,2009 Neighborhood Commercial I I Golf Course In case of discrepancy related to a=oning classlricaticn on this zoning ma,the oMlnance LIVE•w OKK•dFEAM and attached legal descnpron on file at Eden Prelde Clty center wlll prevali. -Community Commercial Water -Highway Commercial Right of Way 0 0.05 0.1 -Regional Service Commercial Miles %-_,op....,rmo,..m.,.®..r..o.a., ..._...1.. N. mo, Aerial Map Ridge at Riley Creek 5th Addition 9567 Sky Lane, Eden Prairie, MN 55347 5 0 ,.,fickillinill1116 41 .. . . . x. - R 111/1, .: i ,.-„. :ftatiNtil 1111111". .7.-:=Norli6i. Allig .i. 11.:>„t "F- Alto Way Stratus Court . I. s ,,., imi. 1 . ,,,,,..,„, . , „. ' 9667 &9687 Sky Lane No Longer Part of the Project Request . %Ill Ar .. . ___ ,. Cirrus Waylib -W°r1111\ � .,[ i Ivo IRO likit Pi 40 3' UNAPPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY, OCTOBER 22, 2012 7:00 P.M., CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: Steven Frank, Matt Fyten, John Kirk, Katie Lechelt, Jacob Lee, Jerry Pitzrick, Kevin Schultz, Jon Stoltz, Travis Wuttke STAFF MEMBERS: Michael Franzen, City Planner Rod Rue, City Engineer Stu Fox, Manager of Parks and Natural Resources Julie Krull, Recording Secretary I. PLEDGE OF ALLEGIANCE—ROLL CALL Chair Stoltz called the meeting to order at 7:00 p.m. Kirk, Lee, Pitzrick and Schultz were absent. II. APPROVAL OF AGENDA MOTION by Lechelt, seconded by Frank, to approve the agenda. Motion carried 5-0. III. MINUTES A. PLANNING COMMISSION MEETING HELD ON OCTOBER 8, 2012 MOTION by Frank, seconded by Wuttke, to approve the minutes. Motion carried 3-0. Fyten and Stoltz abstained. IV. INFORMATIONAL MEETINGS V. PUBLIC MEETINGS VI. PUBLIC HEARINGS A. RIDGE AT RILEY CREEK 5TH ADDITION, by JMS Custom Homes Location: 9567 Sky Lane Request for: October 22, 2012 Page 2 • Planned Unit Development Concept Review on 0.76 acres • Planned Unit Development District Review on 0.76 acres • Zoning District Amendment within the R1-13.5 Zoning District on 0.76 acres • Preliminary Plat of 0.76 acres into two lots. Steve Bona, of Holmstead Partners and Custom Homes, presented the proposal. He said they have modified the previous approved plan to not include the property at 9667 and 9687 Sky Lane. Chair Stoltz asked Franzen to review the staff report. Franzen said staff recommendation is for approval based on page 2 of the staff report. Chair Stoltz opened the meeting up for public approval. There was no input. MOTION by Lechelt, seconded by Fyten, to close the public hearing. Motion carried 5-0. MOTION by Lechelt, seconded by Wuttke, to recommend approval of the Planned Unit Development Concept Review on 0.76 acres, Planned Unit Development District Review on 0.76 acres, Zoning District Amendment within the R1-13.5 zoning district on 0.76 acres and Preliminary Plat on 0.76 acres into two lots based on plans stamped dated September 18, 2012 and the staff report dated October 19, 2012. Motion carried 5-0. VII. PLANNERS' REPORT Franzen stated there will not be a meeting on November 12, in observance of Veterans Day. The next meeting will be November 26 and there will be two items on the agenda. VIII. MEMBERS' REPORT A. CITIZEN ADVISORY COMMITTEE—LIGHT RAIL Fyten said the draft amendment is out for review. IX. CONTINUING BUSINESS X. NEW BUSINESS XI. ADJOURNMENT MOTION by Frank, seconded by Lechelt, to adjourn the meeting. Motion carried 5-0. CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims November 20, 2012 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: X. Sue Kotchevar, Office of the Payment of Claims City Manager/Finance Requested Action Move to: Approve the Payment of Claims as submitted (roll call vote) Synopsis Checks 222034— 222776 Electronic Payments 1001846 1002100 Wire Transfers 4577 - 4605 Purchasing Card October Payment 4597 City of Eden Prairie Council Check Summary 11/20/2012 Division Amount Division Amount General 289,074 315 Economic Development 500,038 100 City Manager 493 502 Park Development 409 101 Legislative 14,251 509 CIP Fund 114,136 102 Legal Counsel 41,045 512 CIP Trails 9,207 110 City Clerk 382 521 Trails Referendum 483 111 Customer Service 15,416 522 Improvement Projects 2006 332 112 Human Resources 117 528 Shady Oak Rd-CR 61 North 2,186 113 Communications 8,150 529 Shady Oak Rd-CR 61 South 27,835 114 Benefits&Training 3,056 Total Capital Project Funds 654,625 130 Assessing 1,746 131 Finance 1,847 601 Prairie Village Liquor 276,599 132 Housing and Community Services 31,132 602 Den Road Liquor 441,272 133 Planning 1,350 603 Prairie View Liquor 282,574 136 Public Safety Communications 72,700 605 Den Road Building 2,516 137 Economic Development 841 701 Water Fund 525,418 138 Community Development Admin. 300 702 Sewer Fund 385,057 150 Park Administration 18,604 703 Storm Drainage Fund 84,724 151 Park Maintenance 42,572 Total Enterprise Funds 1,998,161 153 Organized Athletics 891 154 Community Center 22,039 316 WAFTA 354 156 Youth Programs 8,118 803 Escrow Fund 24,982 157 Special Events 3,908 806 SAC Agency Fund 137,170 158 Senior Center 3,259 807 Benefits Fund 1,363,757 159 Recreation Administration 6,945 809 Investment Fund 6,581 160 Therapeutic Recreation 489 811 Property Insurance 3,500 161 Oak Point Pool 25,162 812 Fleet Internal Service 136,371 162 Arts 6,235 813 IT Internal Service 75,179 163 Outdoor Center 1,201 814 Facilities Capital ISF 155,116 166 CC-Therapeutic Recreation 394 815 Facilites Operating ISF 71,619 167 CC-Youth Programs 1,208 816 Facilites City Center ISF 102,230 168 Arts Center 3,039 817 Facilites Comm.Center ISF 86,268 169 SC-Therapeutic Recreation 10 Total Internal Services Funds 2,163,127 180 Police 48,349 183 Emergency Preparedness 31 Report Totals 5,692,714 184 Fire 28,338 186 Inspections 345 200 Engineering 1,343 201 Street Maintenance 40,972 202 Street Lighting 36,576 Total General Funds 781,924 301 CDBG 87,743 303 Cemetary Operation 2,039 304 Senior Board 385 308 E-911 2,369 309 DWI Forfeiture 292 Total Special Revenue Funds 92,827 428 G.O.Improv.Revolving 2005B 450 431 G.O.Improvement Bonds 2006B 400 434 2008A Capital Equipment Notes 400 435 2008B G.O.Improvement Bonds 800 Total Debt Service Funds 2,050 City of Eden Prairie Council Check Register 11/20/2012 Check# Amount Vendor/Explanation Account Description Business Unit Explanation 222302 500,000 ROSEMOUNT INC Other Contracted Services Economic Development Fund Deed Grant 222420 314,449 METROPOLITAN COUNCIL ENVIRONME MCES User Fee Sewer Utility-General Monthly MCES Fee 222506 311,074 HEALTHPARTNERS Medical/Dental Premiums Health and Benefits Medical/Dental Premium 4591 203,674 CERIDIAN State Taxes Withheld Health and Benefits Taxes Withheld 4601 202,356 CERIDIAN State Taxes Withheld Health and Benefits Taxes Withheld 4583 191,711 CERIDIAN State Taxes Withheld Health and Benefits Taxes Withheld 4604 136,291 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits PERA 4594 133,056 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits PERA 4587 131,349 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits PERA 222491 124,260 XCEL ENERGY Electric Round Lake Monthly Electric 4578 122,185 MINNESOTA DEPT OF REVENUE Cash Over/Short General Fund Sales&Use Tax 1002012 104,685 BOYER TRUCKS Autos Utility Operations-General Tandem Dump Truck 222472 103,674 TNC INDUSTRIES INC Other Contracted Services Facilities Capital Fire Station Exhaust System 222284 89,586 MIDWEST ASPHALT CORPORATION Equipment Repair&Maint Capital Maint.&Reinvestment 222136 86,630 METROPOLITAN COUNCIL Due to Other Governments SAC Agency Fund 1001961 72,141 CHARD TILING&EXCAVATING INC Improvements to Land Parks Referendum 222271 51,581 JOHNSON BROTHERS LIQUOR CO Transportation Prairie View Liquor Store 222715 49,168 METROPOLITAN COUNCIL Due to Other Governments SAC Agency Fund 222567 48,039 JOHNSON BROTHERS LIQUOR CO Transportation Prairie View Liquor Store 4597 42,801 US BANK Deposits Escrow 222065 39,362 COMTECH COMMUNICATIONS INC Capital Under$25,000 Public Safety Communications 1001990 38,965 RESTORATION SYSTEMS INC Other Contracted Services Facilities Capital 222398 38,867 JOHNSON BROTHERS LIQUOR CO Transportation Den Road Liquor Store 222696 37,406 JOHNSON BROTHERS LIQUOR CO Transportation Prairie View Liquor Store 222320 36,599 WIRTZ BEVERAGE MINNESOTA Transportation Prairie View Liquor Store 222117 33,705 JOHNSON BROTHERS LIQUOR CO Wine Domestic Prairie View Liquor Store 222638 32,980 ON CALL SERVICES Prepaid Expenses General Fund 222293 32,645 PARROTT CONTRACTING INC Equipment Repair&Maint Water System Maintenance 222137 30,614 MIDWAY FORD Autos Sewer System Maintenance 222429 30,373 MOELTER GRAIN INC Lime Residual Removal Water Treatment Plant 222660 30,168 COMMERCIAL ASPHALT CO Equipment Repair&Maint Capital Maint.&Reinvestment 222404 30,000 KUECHLE CONSTRUCTION CO Other Contracted Services Rehab 222036 29,573 ADVANCED ENGINEERING&ENVIRON Design&Engineering Water Capital 1001951 29,506 YOCUM OIL COMPANY INC Motor Fuels Fleet Operating 1001997 28,357 SRF CONSULTING GROUP INC Design&Engineering Shady Oak Rd-CR 61 North 222324 26,691 XCEL ENERGY Electric City Hall-CAM 1002050 26,408 YOCUM OIL COMPANY INC Motor Fuels Fleet Operating 1001974 25,733 GREGERSON ROSOW JOHNSON&NILA Legal Legal Council 222459 25,609 SOUTHERN WINE&SPIRITS OF MN Liquor Den Road Liquor Store 1002064 25,564 DIVERSE BUILDING MAINTENANCE Janitor Service Den Road Liquor Store 4586 25,461 ING Deferred Compensation General Fund 222558 24,958 IND SCHOOL DIST 272 Other Contracted Services Oak Point Operations 1001979 24,818 LOGIS Hardware Maintenance IT Operating 222752 23,280 ST CROIX ENVIRONMENTAL INC Design&Engineering Wellhead Protection Plan 4593 22,535 ING Deferred Compensation General Fund 222675 22,197 GE INTELLIGENT PLATFORMS INC Software Water Treatment Plant 4603 21,932 ING Deferred Compensation General Fund Check# Amount Vendor/Explanation Account Description Business Unit Explanation 1001965 21,788 DIVERSE BUILDING MAINTENANCE Janitor Service Fitness/Conference-Cmty Ctr 222751 21,458 SOUTHERN WINE&SPIRITS OF MN Transportation Prairie View Liquor Store 222718 21,295 MIDWEST EXTERIORS PLUS INC Other Contracted Services Rehab 222334 21,034 ABM JANITORIALSERVICES-NORTH C Janitor-Garden Room City Hall-CAM 222501 21,000 RAZMPOUR,BAHMAN Deposits Escrow 1001859 20,843 DIVERSE BUILDING MAINTENANCE Janitor Service Senior Center 222381 20,822 HANSEN THORP PELLINEN OLSON Improvement Contracts Improvement Projects 2006 222306 20,718 SOUTHERN WINE&SPIRITS OF MN Transportation Prairie View Liquor Store 222613 20,557 SOUTHERN WINE&SPIRITS OF MN Wine Imported Den Road Liquor Store 222208 20,206 WIRTZ BEVERAGE MINNESOTA Transportation Prairie Village Liquor Store 222097 20,065 GRAYMONT Treatment Chemicals Water Treatment Plant 222630 18,065 WIRTZ BEVERAGE MINNESOTA Liquor Den Road Liquor Store 222685 18,004 HAMMEL,GREEN AND ABRAHAMSON Design&Engineering Planning&Development 4584 17,976 CERIDIAN State Taxes Withheld Health and Benefits 222184 17,797 SOUTHERN WINE&SPIRITS OF MN Wine Domestic Prairie Village Liquor Store 222770 17,489 WIRTZ BEVERAGE MINNESOTA Transportation Prairie View Liquor Store 222486 17,149 WIRTZ BEVERAGE MINNESOTA BEER Misc Taxable Prairie View Liquor Store 4585 16,937 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 1001999 16,921 THORPE DISTRIBUTING Beer Den Road Liquor Store 222115 16,919 JJ TAYLOR DISTRIBUTING MINNESO Transportation Prairie Village Liquor Store 222349 16,875 BONNER&BORHART LLP Legal Legal Criminal Prosecution 1002023 16,624 ESRI Software Maintenance IT Operating 222448 16,604 PRAIRIE PARTNERS SIX LLP Building Rental Prairie Village Liquor Store 222321 16,602 WIRTZ BEVERAGE MINNESOTA BEER Beer Prairie View Liquor Store 222257 16,549 GRAYMONT Treatment Chemicals Water Treatment Plant 1001891 16,196 THORPE DISTRIBUTING Beer Prairie Village Liquor Store 4602 16,105 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 1001896 15,855 WESTSIDE EQUIPMENT Machinery&Equipment Fleet Operating 222263 15,836 HIGHWAY TECHNOLOGIES INC Contracted Striping Traffic Signs 4592 15,759 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 222611 15,322 SOUTH METRO PUBLIC SAFETY TRAI Other Contracted Services Public Safety Training Facilit 222446 15,178 PHILLIPS WINE AND SPIRITS INC Transportation Den Road Liquor Store 222522 14,279 BARR ENGINEERING COMPANY Design&Engineering Storm Drainage 1001942 13,942 THORPE DISTRIBUTING Beer Den Road Liquor Store 222279 13,699 LAWNS ARE US Other Contracted Services Rehab 222631 13,687 WIRTZ BEVERAGE MINNESOTA BEER Beer Prairie View Liquor Store 222743 13,612 PHILLIPS WINE AND SPIRITS INC Transportation Prairie View Liquor Store 222669 13,595 ENTERPRISE NETWORK SYSTEMS INC Other Assets Public Safety Communications 1002092 13,380 SENIOR COMMUNITY SERVICES Other Contracted Services Housing and Community Service 222550 13,340 GRAYMONT Treatment Chemicals Water Treatment Plant 222379 13,169 GRAYMONT Treatment Chemicals Water Treatment Plant 222640 13,034 ADVANCED ENGINEERING&ENVIRON Process Control Services Water Treatment Plant 222442 12,676 PAUSTIS&SONS COMPANY Transportation Prairie View Liquor Store 222485 12,505 WIRTZ BEVERAGE MINNESOTA Liquor Den Road Liquor Store 222665 12,500 DECISION RESOURCES LTD Other Contracted Services City Council 1002004 12,470 WENCK ASSOCIATES INC Other Contracted Services Storm Drainage 222449 12,468 PRAIRIEVIEW RETAIL LLC Utilities Prairie View Liquor Store 222596 12,455 PHILLIPS WINE AND SPIRITS INC Transportation Prairie View Liquor Store 1002076 12,379 INTEGRITY REMODELING&DESIGN Contract Svcs-General Bldg Dunn Brothers 4595 12,360 GENESIS EMPLOYEE BENEFITS,INC HRA Health and Benefits 1002094 12,228 THORPE DISTRIBUTING Wine Domestic Prairie View Liquor Store Check# Amount Vendor/Explanation Account Description Business Unit Explanation 222570 12,037 KEEPERS Clothing&Uniforms Fire 222714 11,815 METROPOLITAN AIRPORTS COMMISSI Airport Assessments Sewer Capital 222295 11,793 PHILLIPS WINE AND SPIRITS INC Wine Domestic Prairie View Liquor Store 222220 11,551 ABM JANITORIALSERVICES-NORTH C Janitor Service Utility Operations-General 1001874 11,420 LUBRICATION TECHNOLOGIES INC Lubricants&Additives Fleet Operating 1001975 11,392 HAWKINS INC Treatment Chemicals Water Treatment Plant 1001913 11,025 DAY DISTRIBUTING Beer Prairie View Liquor Store 222063 10,967 COMMERCIAL ASPHALT CO Asphalt Overlay Street Maintenance 222163 10,821 PHILLIPS WINE AND SPIRITS INC Transportation Prairie View Liquor Store 1002045 10,364 THORPE DISTRIBUTING Beer Prairie View Liquor Store 222209 10,353 WIRTZ BEVERAGE MINNESOTA BEER Beer Prairie Village Liquor Store 222294 10,260 PAUSTIS&SONS COMPANY Transportation Prairie View Liquor Store 222682 10,067 GRAYMONT Treatment Chemicals Water Treatment Plant 222465 9,980 STANTEC PLANNING/LANDSCAPE ARC Improvements to Land Park Acquisition&Dev Fixed A 222213 9,956 XCEL ENERGY Electric Street Lighting 1001960 9,827 CENTERPOINT ENERGY SERVICES IN Gas Water Treatment Plant 1001857 9,756 DAY DISTRIBUTING Beer Prairie Village Liquor Store 222574 9,565 LIFE INSURANCE COMPANY OF NORT Life Insurance EE/ER Health and Benefits 222392 9,376 JJ TAYLOR DISTRIBUTING MINNESO Transportation Prairie View Liquor Store 222492 9,345 YALE MECHANICAL INC Contract Svcs-HVAC Water Treatment Plant 222693 9,201 JJ TAYLOR DISTRIBUTING MINNESO Transportation Prairie View Liquor Store 1001898 9,078 WSB&ASSOCIATES INC Improvements to Land Capital Impr/Maint Fixed 222375 8,985 FORM&POUR CEMENT WORKS INC Other Contracted Services Rehab 1002018 8,925 DAY DISTRIBUTING Beer Prairie View Liquor Store 1001880 8,745 PAUL'S TWO-WAY RADIO Other Contracted Services Public Safety Communications 1002031 8,412 INTEGRITY REMODELING&DESIGN Contract Svcs-General Bldg Dunn Brothers 222771 8,266 WIRTZ BEVERAGE MINNESOTA BEER Beer Prairie View Liquor Store 1002063 8,235 DAY DISTRIBUTING Beer Prairie View Liquor Store 222269 8,062 JJ TAYLOR DISTRIBUTING MINNESO Transportation Prairie View Liquor Store 222451 7,750 PROP Other Contracted Services Housing and Community Service 222319 7,723 WINE MERCHANTS INC Transportation Den Road Liquor Store 222562 7,695 JJ TAYLOR DISTRIBUTING MINNESO Transportation Prairie View Liquor Store 222047 7,271 BIFFS INC Other Rentals July 4th Celebration 1001933 7,244 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical Police City Center 1002021 7,086 ELECTRIC PUMP Equipment Repair&Maint Sewer Liftstation 222300 6,840 RICHFIELD,CITY OF Autos Utility Operations-General 1001964 6,683 DAY DISTRIBUTING Beer Prairie View Liquor Store 1001927 6,629 MCQUAY INTERNATIONAL Other Contracted Services Facilities Capital 222435 6,581 NORTHSHORE ADVISORS LLC Interest Investment Fund 222748 6,484 RUTLEDGE CONSTRUCTION CO Equipment Repair&Maint Water Treatment Plant 222119 6,300 KAMIDA INC Improvement Contracts Trails Referendum 222457 6,250 SOUTHDALE YMCA YOUTH DEVELOPME Other Contracted Services Housing and Community Service 1002066 6,166 ENVIRONMENTAL PROCESS INC Other Contracted Services Facilities Capital 1001914 6,159 ESS BROTHERS&SONS INC Repair&Maint.Supplies Sewer System Maintenance 1001991 6,000 RIGHTLINE DESIGN LLC Other Contracted Services Communications 1001940 5,980 STREICHERS Protective Clothing Reserves 1002099 5,957 WSB&ASSOCIATES INC Improvements to Land Capital Impr/Maint Fixed 1002056 5,633 BELLBOY CORPORATION Transportation Prairie View Liquor Store 222051 5,626 BRAUN INTERTEC CORPORATION Other Contracted Services Storm Drainage 222639 5,196 US POSTMASTER Postage Community Brochure 222483 5,160 WINE MERCHANTS INC Transportation Prairie View Liquor Store Check# Amount Vendor/Explanation Account Description Business Unit Explanation 222372 5,118 FLEET MAINTENANCE INC Equipment Repair&Maint Fleet Operating 222345 5,108 BAUER BUILT TIRE AND BATTERY Equipment Parts Fleet Operating 222594 5,025 PAUSTIS&SONS COMPANY Transportation Prairie View Liquor Store 222325 4,729 YALE MECHANICAL INC Contract Svcs-HVAC Water Treatment Plant 222331 4,708 A.C.T.CONTRACTING INC Other Contracted Services Rehab 222687 4,694 HENNEPIN COUNTY ACCOUNTS RECEI Board of Prisoner Police 222602 4,395 PVS TECHNOLOGIES INC Treatment Chemicals Water Treatment Plant 222515 4,363 ABSOLUTE RAIN INC. Contract Svcs-Lawn Maint. Fire Station#1 222740 4,293 PAUSTIS&SONS COMPANY Transportation Prairie View Liquor Store 222649 4,248 BIFFS INC Waste Disposal Park Maintenance 1001875 4,196 METRO SALES INCORPORATED* Other Rentals IT Operating 222207 4,183 WINE MERCHANTS INC Transportation Prairie View Liquor Store 1001895 4,180 WALL TRENDS INC Contract Svcs-General Bldg Fire Station#3 1001851 4,172 BELLBOY CORPORATION Transportation Prairie Village Liquor Store 222547 4,143 GLEN LAKE GOLF Instructor Service Spring Skill Development 1001953 4,085 A-SCAPE INC Contract Svcs-Lawn Maint. Den Bldg.-CAM 1002061 4,082 COMPAR INC Capital Under$25,000 Arts Center 1002047 4,019 VAN PAPER COMPANY Cleaning Supplies Fitness/Conference-Cmty Ctr 1002069 4,014 GENUINE PARTS COMPANY Equipment Repair&Maint Park Maintenance 1001945 3,974 VAN PAPER COMPANY Cleaning Supplies Prairie Village Liquor Store 1002055 3,912 ASPEN EQUIPMENT CO. Machinery&Equipment Park and Recreation 1001850 3,856 ASPEN WASTE SYSTEMS INC. Waste Disposal Senior Center 1001946 3,813 VINOCOPIA Transportation Prairie Village Liquor Store 1001911 3,807 CENTERPOINT ENERGY Gas Water Wells 222301 3,769 RIVERS EDGE CONCRETE Asphalt Overlay Street Maintenance 222482 3,759 WINE COMPANY,THE Transportation Prairie View Liquor Store 222708 3,753 MADISON NATIONAL LIFE Disability Ins Employers Health and Benefits 222508 3,743 MADISON NATIONAL LIFE Disability Ins Employers Health and Benefits 222084 3,675 EDEN PRAIRIE ROTARY CLUB Deposits Den Road Liquor Store 222247 3,675 EDEN PRAIRIE ROTARY CLUB Deposits Den Road Liquor Store 222162 3,622 PAUSTIS&SONS COMPANY Transportation Prairie Village Liquor Store 1001973 3,591 GREENSIDE INC Contract Svcs-Lawn Maint. Fire Station#1 222174 3,567 RIVERS EDGE CONCRETE Repair&Maint.Supplies Storm Drainage 222088 3,564 FIRE STATION OUTFITTERS Capital Under$25,000 FF&E-Furn,Fixtures&Equip. 222554 3,547 HOHENSTEINS INC Beer Prairie View Liquor Store 222191 3,533 SURLY BREWING CO Beer Prairie Village Liquor Store 222559 3,500 IND SCHOOL DISTRICT 272 Other Contracted Services Housing and Community Service 222606 3,500 SATTLER,STEVE AND SHERYL Insurance Property Insurance 1002008 3,467 BELLBOY CORPORATION Transportation Prairie View Liquor Store 222610 3,341 SHORT ELLIOTT HENDRICKSON INC Design&Engineering Storm Drainage 222312 3,250 TEENS ALONE Other Contracted Services Housing and Community Service 1001876 3,242 NEW WORLD SYSTEMS Other Contracted Services CIP-Bonds 1001862 3,240 FASTENAL COMPANY Operating Supplies Facilities Staff 1001861 3,205 ESS BROTHERS&SONS INC Repair&Maint.Supplies Storm Drainage 1001855 3,121 CENTURYLINK Telephone IT Telephone 1002059 3,120 CENTURYLINK Telephone IT Telephone 222734 3,058 NORTH STAR PUMP SERVICE Equipment Repair&Maint Sewer Liftstation 222454 3,040 RIVERS EDGE CONCRETE Repair&Maint.Supplies Storm Drainage 222253 3,005 FOREST BIOMEDICAL Laboratory Chemicals Water Treatment Plant 222500 3,000 POSTAGE BY PHONE RESERVE ACCOU Postage Customer Service 222310 2,989 SURLY BREWING CO Beer Prairie View Liquor Store Check# Amount Vendor/Explanation Account Description Business Unit Explanation 222772 2,983 WOODY'S GRILLE Liquor Licenses General Fund 222210 2,902 WM MUELLER AND SONS INC Landscape Materials/Supp Park Maintenance 222656 2,880 CENTERPOINT ENERGY Street Permits General Fund 1002033 2,845 METRO SALES INCORPORATED* Equipment Repair&Maint IT Operating 222747 2,837 RIVERS EDGE CONCRETE Repair&Maint.Supplies Storm Drainage 222317 2,836 VTI Contract Svcs-Security Fitness/Conference-Cmty Ctr 222769 2,835 WINE MERCHANTS INC Transportation Prairie View Liquor Store 222604 2,765 RIVERS EDGE CONCRETE Repair&Maint.Supplies Storm Drainage 222477 2,751 VTI Equipment Repair&Maint Police 222661 2,746 COMMUNITY ACTION PARTNERSHIP Refunds CDBG-Public Service 222265 2,743 HOHENSTEINS INC Beer Prairie View Liquor Store 222064 2,710 COMMVAULT SYSTEMS,INC. Software Maintenance IT Operating 222759 2,697 THYMES TWO INC Contract Svcs-Lawn Maint Arts Center 222316 2,641 VERIZON WIRELESS Wireless Subscription IT Operating 222363 2,607 EARL F ANDERSEN INC Signs Traffic Signs 1001912 2,586 CERIDIAN Ceridian IT Operating 1002097 2,541 USA SECURITY Safety Supplies Water Treatment Plant 222091 2,516 GARDEN ROOM FRATELLI'S GARDEN Other Contracted Services Wine Club 1001955 2,513 BELLBOY CORPORATION Transportation Prairie View Liquor Store 222196 2,500 TREE TRUST Other Contracted Services Staring Lake 1002017 2,498 CERIDIAN Ceridian IT Operating 222521 2,492 B&B PRODUCTS/RIGS AND SQUADS Autos Police 222245 2,478 EARL F ANDERSEN INC Signs Park Maintenance 1002060 2,437 CERIDIAN Ceridian IT Operating 222067 2,437 CONSTRUCTION MATERIALS INC Improvement Contracts CIP Trails 222146 2,433 MINNESOTA VALLEY ELECTRIC COOP Electric Riley Lake 222172 2,378 RETROFIT RECYCLING INC Waste Disposal Fitness/Conference-Cmty Ctr 1002048 2,307 VINOCOPIA Transportation Prairie View Liquor Store 222368 2,270 EMERSON NETWORK POWER Hardware Maintenance IT Operating 222617 2,249 STONEBROOKE Autos Police 222768 2,220 WINE COMPANY,THE Transportation Prairie View Liquor Store 222628 2,216 WINE MERCHANTS INC Transportation Prairie View Liquor Store 222750 2,160 SOUTH METRO PUBLIC SAFETY TRAI Tuition Reimbursement/School Police 222532 2,158 CRETEX SPECIALTY PRODUCTS Repair&Maint.Supplies Sewer System Maintenance 1001860 2,122 EMERGENCY APPARATUS MAINTENANC Equipment Repair&Maint Fire 222348 2,114 BLOOMINGTON,CITY OF Kennel Services Animal Control 222480 2,050 WELLS FARGO BANK MINNESOTA NA Paying Agent 2008A Capital Equipment Notes 222249 2,040 ELECTRICAL INSTALLATION&MAIN Other Contracted Services Sewer Liftstation 222148 2,037 MOBILE RADIO ENGINEERING INC Capital Under$25,000 Public Safety Communications 1002083 2,014 METROPOLITAN FORD Equipment Repair&Maint Fleet Operating 1002051 1,991 A TO Z RENTAL CENTER Equipment Repair&Maint Park Maintenance 1002029 1,955 GRAINGER Supplies-HVAC Ice Arena Maintenance 1001904 1,948 BELLBOY CORPORATION Transportation Prairie View Liquor Store 222561 1,931 INTERNATIONAL UNION OF OPERATI Union Dues Withheld General Fund 4577 1,915 GENESIS EMPLOYEE BENEFITS,INC Other Contracted Services Health and Benefits 222468 1,885 SURLY BREWING CO Beer Prairie View Liquor Store 222154 1,882 NORTHSTAR MUDJACKING SPECIALIS Asphalt Overlay Street Maintenance 222206 1,868 WINE COMPANY,THE Transportation Prairie Village Liquor Store 222474 1,860 US HEALTH WORKS MEDICAL GRP MN Health&Fitness Fire 222627 1,851 WINE COMPANY,THE Transportation Prairie View Liquor Store 222041 1,851 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating Check# Amount Vendor/Explanation Account Description Business Unit Explanation 1002043 1,796 STREICHERS Training Supplies Police 1001968 1,792 FILTRATION SYSTEMS Supplies-HVAC City Hall-CAM 222407 1,790 LEAGUE OF MINNESOTA CITIES Dues&Subscriptions Storm Drainage 222076 1,785 DALE SORENSEN CO Other Contracted Services Water Treatment Plant 222308 1,767 STAPLES ADVANTAGE Office Supplies Elections 222114 1,763 INTEGRITY GLOBAL SOLUTIONS Other Hardware IT Operating 222164 1,744 PIONEER MANUFACTURING COMPANY Operating Supplies Park Maintenance 222086 1,739 FEDERAL SIGNAL CORPORATION Equipment Parts Fleet Operating 222674 1,724 GARDEN ROOM FRATELLI'S GARDEN Other Contracted Services Den Road Liquor Store 222436 1,710 ON CALL SERVICES Other Contracted Services Staring Lake 222495 1,710 BUREAU OF CRIMINAL APPREHENSIO Software Maintenance IT Operating 222380 1,700 GYM WORKS Equipment Repair&Maint Fitness Center 222706 1,700 LOCAL 49 TRAINING CENTER Conference Expense Park Maintenance 1002082 1,698 METRO SALES INCORPORATED* Other Rentals IT Operating 222754 1,695 STAPLES ADVANTAGE Office Supplies Police 222318 1,644 WINE COMPANY,THE Transportation Prairie View Liquor Store 222577 1,637 MAROTTA,VIC Instructor Service Spring Skill Development 222662 1,616 COSTCO Miscellaneous City Council 222519 1,604 ASPEN MILLS Clothing&Uniforms Fire 1002052 1,603 ALLDATA Other Contracted Services Fleet Operating 222236 1,600 BLOOMINGTON,CITY OF Tuition Reimbursement/School Police 222096 1,573 GRAPE BEGINNINGS Transportation Prairie Village Liquor Store 222622 1,552 TRUE FABRICATIONS Transportation Den Road Liquor Store 1001890 1,500 STREICHERS Clothing&Uniforms Police 222758 1,494 SURLY BREWING CO Beer Prairie Village Liquor Store 222111 1,490 IDEAL SERVICE INC Equipment Repair&Maint Water Wells 1002030 1,476 HAWKINS INC Equipment Repair&Maint Water Treatment Plant 222255 1,469 GIRARD'S BUSINESS SOLUTIONS IN Postage Customer Service 222615 1,460 SPRING LAKE PARK FIRE DEPT INC Tuition Reimbursement/School Fire 1001886 1,453 SCHARBER&SONS Equipment Parts Fleet Operating 222315 1,446 USA MOBILITY WIRELESS INC Pager&Cell Phone IT Operating 1001919 1,439 HACH COMPANY Process Control Equipment Water Treatment Plant 1002054 1,436 ANCHOR PAPER COMPANY Office Supplies Customer Service 1001981 1,425 LYNDALE PLANT SERVICES Contract Svcs-Garden Rm/Ca£ City Hall-CAM 222764 1,424 VTI Equipment Repair&Maint Public Safety Communications 222469 1,420 TAYLOR,EMILY Other Contracted Services Arts 1001923 1,411 HORIZON COMMERCIAL POOL SUPPLY Supplies-Pool Pool Maintenance 1001872 1,405 JEFFERSON FIRE&SAFETY INC Equipment Repair&Maint Fire 1001846 1,389 A TO Z RENTAL CENTER Small Tools Fire 1002065 1,383 EMERGENCY APPARATUS MAINTENANC Equipment Repair&Maint Fire 1001978 1,381 KUSTOM SIGNALS INC Equipment Repair&Maint Police 4582 1,365 CERIDIAN Garnishment Withheld General Fund 222059 1,343 CLAREY'S SAFETY EQUIPMENT Equipment Repair&Maint Fire 1001948 1,341 WESTSIDE EQUIPMENT Equipment Parts Fleet Operating 222686 1,300 HARLEY CONSULTING&COACHING Other Contracted Services Street Maintenance 222549 1,289 GRAPE BEGINNINGS Transportation Prairie Village Liquor Store 222422 1,288 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store 4600 1,283 CERIDIAN Garnishment Withheld General Fund 1001928 1,269 METRO ELEVATOR INC Contract Svcs-Elevator City Hall-CAM 222555 1,250 HOMELINE Other Contracted Services Housing and Community Service 222635 1,236 XCEL ENERGY Electric Prairie Village Liquor Store Check# Amount Vendor/Explanation Account Description Business Unit Explanation 222618 1,230 SURLY BREWING CO Beer Prairie View Liquor Store 222238 1,225 CENTURYLINK Maintenance Contracts E-911 Program 1002016 1,210 CDW GOVERNMENT INC. Computers Water Treatment Plant 222165 1,208 PLANET SPIRIT Instructor Service CC-Camps 222620 1,194 TJ CONEVERA'S INC Training Supplies Police 222553 1,190 HILDI INC Audit&Financial Finance 222179 1,182 SEELYE Equipment Repair&Maint Water Treatment Plant 222093 1,169 GENERAL PARTS Supplies-Garden Room Garden Room Repairs 1001971 1,150 GRAINGER Supplies-Electrical Fire Station#1 222590 1,150 NORTHSTAR MUDJACKING SPECIALIS Improvement Contracts CIP Trails 1001884 1,138 R&R SPECIALTIES OF WISCONSIN Contract Svcs-Ice Rink Ice Arena Maintenance 222455 1,135 SAM'S CLUB Operating Supplies Special Initiatives 222256 1,130 GRAPE BEGINNINGS Transportation Den Road Liquor Store 1002025 1,121 FASTSIGNS Office Supplies Fire 222378 1,120 GOPHER STATE ONE-CALL OCS-Leak Detection Utility Operations-General 1002035 1,113 NEW FRANCE WINE COMPANY Transportation Prairie View Liquor Store 222250 1,110 ENVIRONMENTAL EQUIPMENT&SERV Equipment Parts Fleet Operating 222074 1,100 D H EXCAVATING Other Contracted Services Pleasant Hill Cemetery 1001852 1,092 BOUNDLESS NETWORK Advertising Community Center Admin 222552 1,085 HENNEPIN COUNTY TREASURER Operating Supplies-Escrow Planning 222180 1,081 SERVICEMASTER TC Building Repair&Maint. Water Treatment Plant 222217 1,080 GANDRUD,DAVID Deposits Escrow 222071 1,078 CRETEX SPECIALTY PRODUCTS Repair&Maint.Supplies Sewer System Maintenance 222488 1,065 WORK CONNECTION,THE Other Contracted Services Park Maintenance 222619 1,040 TEFLER LAWN&LANDSCAPING Other Contracted Services Park Maintenance 222773 1,037 WORK CONNECTION,THE Other Contracted Services Park Maintenance 1001856 1,035 CERIDIAN Ceridian IT Operating 222145 1,035 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Customer Service 1002067 1,028 FASTENAL COMPANY Operating Supplies Fire 222285 1,015 MIDWEST COCA COLA BOTTLING COM Misc Taxable Prairie View Liquor Store 222776 1,005 YALE MECHANICAL INC Mechanical Permits General Fund 222144 1,001 MINNESOTA PIPE AND EQUIPMENT* Equipment Parts Sewer Utility-General 222344 1,000 BARTEL,JOANNE Refunds Storm Drainage 4589 996 CERIDIAN Garnishment Withheld General Fund 1002020 979 DREW'S CONCESSIONS LLC Merchandise for Resale Concessions 222538 975 EDINA PLUMBING Equipment Repair&Maint Water System Maintenance 222411 962 MARCO INC Operating Supplies IT Operating 222140 961 MINNESOTA CLAY CO.USA Operating Supplies Arts Center 222525 961 CENTURYLINK Process Control Services Water Treatment Plant 222307 954 SPIRIT APPAREL&STUFF Clothing&Uniforms Oak Point Operations 222739 950 PAPCO INC Janitor Service Fitness/Conference-Cmty Ctr 222102 947 HENNEPIN COUNTY ACCOUNTS RECEI Board of Prisoner Police 222159 940 PARK SUPPLY OF AMERICA INC Supplies-Plumbing Facilities Staff 222133 938 MEDICINE LAKE TOURS Special Event Fees Trips 1001947 935 WALL TRENDS INC Contract Svcs-General Bldg Dunn Brothers 222464 930 SPORTS WORLD USA INC Clothing&Uniforms Concessions 1001915 927 FASTENAL COMPANY Small Tools Fire 222246 923 EDEN PRAIRIE FIREFIGHTER'S REL Union Dues Withheld General Fund 1001881 916 POMP'S TIRE SERVICE INC Tires Fleet Operating 222724 907 MINNESOTA VALLEY ELECTRIC COOP Street Permits General Fund 222276 904 LAKE ASSAULT CUSTOM BOATS LLC Equipment Repair&Maint Fire Check# Amount Vendor/Explanation Account Description Business Unit Explanation 1001939 902 STANLEY SECURITY SOLUTIONS INC Supplies-Security Cummins Grill House 1001967 897 FASTSIGNS Operating Supplies Ice Rink#3 222466 879 STAPLES ADVANTAGE Office Supplies Customer Service 222242 879 CONTINENTAL SAFETY EQUIPMENT Supplies-HVAC Ice Arena Maintenance 222266 879 I SPACE Capital Under$25,000 FF&E-Fum,Fixtures&Equip. 1001894 877 VINOCOPIA Transportation Prairie Village Liquor Store 222323 865 WORK CONNECTION,THE Other Contracted Services Park Maintenance 222314 861 US HEALTH WORKS MEDICAL GRP MN Health&Fitness Fire 222087 857 FIRE SAFETY USA INC Protective Clothing Fire 222616 854 STAPLES ADVANTAGE Office Supplies Customer Service 222103 853 HENNEPIN COUNTY UT DEPT Equipment Repair&Maint Public Safety Communications 222211 850 WORK CONNECTION,THE Other Contracted Services Park Maintenance 222633 850 WORK CONNECTION,THE Other Contracted Services Park Maintenance 222169 846 PRINT SOURCE MINNESOTA Printing Police 1002006 841 AMARA WINES LLC Transportation Prairie View Liquor Store 222335 838 ABSOLUTE RAIN INC. Contract Svcs-Lawn Maint. Fire Station#1 222095 833 GRANICUS INC Software Maintenance IT Operating 222680 833 GRANICUS INC Software Maintenance IT Operating 222426 831 MINNESOTA RESTAURANT&COMMERC Other Contracted Services Prairie View Liquor Store 222511 831 3D SPECIALTIES Signs Traffic Signs 222254 825 GE CAPITAL Other Rentals IT Operating 1001877 818 O'REILLY AUTOMOTIVE INC Equipment Parts Fleet Operating 222441 805 PARK SUPPLY OF AMERICA INC Supplies-HVAC Fire Station#3 4579 800 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Operating 222243 791 DALE GREEN COMPANY,THE Landscape Materials/Supp Park Maintenance 1001962 780 COMPRESSED AIR CONCEPTS LLLC Contract Svcs-General Bldg Public Works/Parks 222679 774 GRAND PERE WINES INC Transportation Prairie View Liquor Store 1002014 774 CANNON RIVER WINERY Wine Domestic Den Road Liquor Store 222702 769 LAKE COUNTRY DOOR LLC Contract Svcs-General Bldg 3rd Sheet of Ice 222493 768 YOUNGSTEDTS COLLISION CENTER Equipment Repair&Maint Fleet Operating 222138 764 MIDWEST ASPHALT CORPORATION Waste Blacktop/Concrete Street Maintenance 222694 759 JOHN DEERE LANDSCAPES/LESCO Landscape Materials/Supp Street Maintenance 222052 759 BROOKS OFFICE INTERIORS INC Office Supplies Utility Operations-General 222369 756 EPCO CARBON DIOXIDE PRODUCTS I Treatment Chemicals Water Treatment Plant 222069 753 COSTCO Employee Award Organizational Services 222664 750 DAKOTA COUNTY TECHNICAL COLLEG Other Contracted Services Organizational Services 222346 734 BERRY COFFEE COMPANY Merchandise for Resale Concessions 222387 720 HOME DEPOT CREDIT SERVICES Supplies-General Bldg City Hall-CAM 222357 720 CLAREY'S SAFETY EQUIPMENT Safety Supplies Fleet Operating 1001986 715 MINNESOTA NATIVE LANDSCAPES Other Contracted Services Storm Drainage 222061 715 CLIMB THEATRE Other Contracted Services Safety Camp 222726 708 MIRACLE RECREATION EQUIPMENT C Repair&Maint.Supplies Riley Lake 1001976 705 HORIZON COMMERCIAL POOL SUPPLY Supplies-Pool Pool Maintenance 222641 705 ALEX AIR APPARATUS INC Equipment Testing/Cert. Fire 222419 704 METRO ATHLETIC SUPPLY Operating Supplies Park Maintenance 222113 700 INFORMATION POLICY ANALYSIS Tuition Reimbursement/School Police 222350 697 BOURGET IMPORTS Transportation Prairie View Liquor Store 222188 691 STAPLES ADVANTAGE Office Supplies Customer Service 222322 690 WM MUELLER AND SONS INC Patching Asphalt Street Maintenance 1002011 690 BOUNDLESS NETWORK Advertising Community Center Admin 222681 686 GRAPE BEGINNINGS Transportation Prairie Village Liquor Store Check# Amount Vendor/Explanation Account Description Business Unit Explanation 222394 685 JOHN HENRY FOSTER MINNESOTA IN Maintenance Contracts Water Treatment Plant 1002093 680 STREICHERS Clothing&Uniforms Police 222412 673 MATSON,TOM Small Tools Fleet Operating 222079 671 DEPARTMENT OF HUMAN SERVICES Other Contracted Services Park Maintenance 222377 662 GENERAL PARTS Supplies-Electrical City Hall-CAM 1002084 655 MICHAELSON,ELIZABETH H Operating Supplies Theatre Initiative 1002058 651 CENTERPOINT ENERGY Gas Prairie View Liquor Store 222551 650 HAYNES,TRICIA Other Contracted Services Halloween Party 222583 629 MIDWEST COCA COLA BOTTLING COM Misc Non-Taxable Prairie View Liquor Store 1002077 628 JEFFERSON FIRE&SAFETY INC Protective Clothing Fire 222710 627 MASTER CRAFT LABELS INC Fire Prevention Supplies Fire 1001959 626 CDW GOVERNMENT INC. Office Supplies Customer Service 222374 622 FLYING CLOUD T/S#U70 Waste Disposal Park Maintenance 222704 622 LANO EQUIPMENT INC Equipment Parts Fleet Operating 1001918 620 GRAINGER Small Tools Water Treatment Plant 222432 617 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 222460 611 SOUTHWEST SUBURBAN PUBLISHING- Advertising Art Crawl 1001863 607 FASTSIGNS Operating Supplies Gymnasium(CC) 222526 600 CENTURYLINK Maintenance Contracts E-911 Program 222185 600 SOUTHWEST TRANSIT Other Contracted Services Housing and Community Service 222227 600 AVALON FORTRESS LTD Improvements to Land Park Acquisition&Dev Fixed A 222406 600 LARSEN,STACEY L Conference Expense Parks Administration 222414 600 MBFTE Dues&Subscriptions Fire 222614 600 SPECIAL SERVICES GROUP LLC Other Contracted Services Police 1001984 600 METRO ELEVATOR INC Contract Svcs-Elevator City Hall-CAM 222199 592 US HEALTH WORKS MEDICAL GRP MN Health&Fitness Fire 222592 588 OXYGEN SERVICE COMPANY Operating Supplies Fire 1001882 587 PRAIRIE ELECTRIC COMPANY Equipment Repair&Maint Public Safety Communications 222695 586 JOHN HENRY FOSTER MINNESOTA IN Maintenance Contracts Water Treatment Plant 222094 584 GETTMAN COMPANY Misc Taxable Prairie Village Liquor Store 1002010 580 BOUND TREE MEDICAL LLC EMS Supplies Fire 222327 567 DEPARTMENT OF COMMERCE Deposits Escrow 222336 567 ADVANCED ENGINEERING&ENVIRON Design&Engineering Water Capital 222535 565 DEPARTMENT OF HUMAN SERVICES Other Contracted Services Park Maintenance 1002036 560 NEW WORLD SYSTEMS Other Contracted Services CIP-Bonds 222678 553 GLACIAL RIDGE WINERY Wine Domestic Prairie Village Liquor Store 222576 551 MACQUEEN EQUIPMENT INC Equipment Parts Fleet Operating 222663 550 D H EXCAVATING Other Contracted Services Pleasant Hill Cemetery 222688 549 HENNEPIN COUNTY I/T DEPT Equipment Repair&Maint Public Safety Communications 222653 547 BURNET RELOCATION AR Utility Water Enterprise Fund 1001916 547 FASTSIGNS Signs Special Initiatives 1001902 546 AMARA WINES LLC Transportation Prairie Village Liquor Store 222192 543 THE OASIS GROUP Employee Assistance Organizational Services 222277 541 LAKE COUNTRY DOOR LLC Equipment Repair&Maint Water Treatment Plant 1001970 540 GOVDELIVERY Software Maintenance IT Operating 222055 536 CARLSON,DAN Miscellaneous Health and Benefits 222384 534 HENNEPIN COUNTY I/T DEPT Software Maintenance IT Operating 222677 533 GETTMAN COMPANY Misc Taxable Prairie View Liquor Store 222100 530 HD SUPPLY WATERWORKS LTD Landscape Materials/Supp Water System Maintenance 1001888 529 SHERWIN WILLIAMS Equipment Repair&Maint Traffic Signals 222621 528 TKO WINES,INC Wine Imported Prairie Village Liquor Store Check# Amount Vendor/Explanation Account Description Business Unit Explanation 222147 525 MN DEPT OF TRANSPORTATION Equipment Repair&Maint Traffic Signals 222186 525 SPIRIT APPAREL&STUFF Operating Supplies Special Events(CC) 1001858 525 DE LAGE LANDEN FINANCIAL SERVI Other Rentals IT Operating 222643 518 ANDERBERG INNOVATIVE PRINT SOL Printing Police 222717 513 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store 222283 513 METRO ATHLETIC SUPPLY Awards Softball 222134 513 MENARDS Equipment Repair&Maint Water Treatment Plant 222131 512 MAINTENANCE ENGINEERING LTD Building Repair&Maint. Water Treatment Plant 1001934 508 PROSOURCE SUPPLY Cleaning Supplies Fitness/Conference-Cmty Ctr 1002044 508 TESSCO INC Equipment Parts Fleet Operating 222354 508 CAWLEY COMPANY,THE Clothing&Uniforms Prairie Village Liquor Store 222520 502 AUTO ELECTRIC OF BLOOMINGTON I Equipment Parts Fleet Operating 222109 502 HOVLID,JEFF Miscellaneous Health and Benefits 222585 500 MINNESOTA CHIEFS OF POLICE ASS Tuition Reimbursement/School Police 222689 497 HOHENSTEINS INC Beer Den Road Liquor Store 1001966 496 DMX MUSIC Other Contracted Services Den Road Liquor Store 1001969 495 FIRST SUPPLY Supplies-HVAC Fitness/Conference-Cmty Ctr 222774 483 XCEL ENERGY Electric Outdoor Center 222289 481 MIRACLE RECREATION EQUIPMENT C Equipment Repair&Maint Riley Lake 1001932 481 PAUL'S TWO-WAY RADIO Equipment Repair&Maint Public Safety Communications 222507 477 LYNCH,MICHAEL Deposits Escrow 222438 468 OPPORTUNITY PARTNERS Janitor Service Fire Station#2 222409 468 LONG,THOMAS Refunds Storm Drainage 222366 464 EDEN PRAIRIE NOON ROTARY CLUB Dues&Subscriptions Police 1001977 461 IDEXX DISTRIBUTION CORP Laboratory Chemicals Water Treatment Plant 222698 459 JOHNSTONE SUPPLY Supplies-Pool Pool Maintenance 222053 452 BROWN,THOMAS K. Miscellaneous Health and Benefits 222125 452 LARSON,ALLEN R. Miscellaneous Health and Benefits 222676 451 GET WIRELESS LLC Equipment Repair&Maint Public Safety Communications 222625 451 VERIZON WIRELESS Pager&Cell Phone Park Maintenance 222042 450 BCA/CRIMINAL JUSTICE TRAINING Tuition Reimbursement/School Police 1001893 449 VAN PAPER COMPANY Cleaning Supplies Park Shelters 222563 444 JOHN DEERE LANDSCAPES/LESCO Repair&Maint.Supplies Utility Operations-General 1001849 444 AMERITRAK Other Contracted Services Snow&Ice Control 222291 443 NEW BRIGHTON FORD Equipment Parts Fleet Operating 222077 443 DANCO COMMERCIAL PAINTING Deposits Escrow 222376 440 GE CAPITAL Other Rentals IT Operating 222070 437 COURT SURFACES&REPAIR Deposits Escrow 222182 437 SHAW-LUNDQUIST Deposits Escrow 222646 436 BAUER BUILT TIRE AND BATTERY Equipment Parts Fleet Operating 222049 434 BRACE,LANCE Miscellaneous Health and Benefits 222066 434 CONLEY,JOHN Miscellaneous Health and Benefits 222080 434 DIETZ,EUGENE Miscellaneous Health and Benefits 222410 432 LUDWIG,CHRISTINA Miscellaneous Theatre Initiative 222044 428 BERNICK'S WINE Misc Non-Taxable Den Road Liquor Store 222667 428 EF JOHNSON Equipment Repair&Maint Public Safety Communications 222582 427 MIDWEST ASPHALT CORPORATION Waste Blacktop/Concrete Street Maintenance 222367 422 EDEN PRAIRIE ROTARY CLUB Dues&Subscriptions Administration 222151 417 NEW AMERICAN ACADEMY Other Contracted Services Housing and Community Service 222732 417 NEW AMERICAN ACADEMY Other Contracted Services Housing and Community Service 222557 416 IDEAL SERVICE INC Equipment Repair&Maint Water Wells Check# Amount Vendor/Explanation Account Description Business Unit Explanation 222456 416 SHAMROCK GROUP,INC-ACE ICE Transportation Prairie View Liquor Store 1001867 414 GREATAMERICA LEASING CORP. Postage Customer Service 222591 413 ON TIME LANDCARE LLC Equipment Repair&Maint Storm Drainage 1002091 412 SCHMITZ,THOMAS Conference Expense Fire 222671 411 FIRE SAFETY USA INC Safety Supplies Fire 222530 411 COMMERCIAL DOOR SYSTEMS INC Equipment Repair&Maint Water Treatment Plant 222744 411 QUALITY FLOW SYSTEMS INC Equipment Repair&Maint Sewer Liftstation 222647 410 BERRY COFFEE COMPANY Merchandise for Resale Concessions 222586 410 MN CRIC KET ASSOCIATION Instructor Service Fall Skill Development 222601 409 PROP United Way Withheld General Fund 222453 406 RIGHTWAY GLASS INC Equipment Parts Fleet Operating 222517 405 AMERICAN RED CROSS Licenses,Permits,Taxes,Fees Pool Lessons 222479 403 WATSON CO INC,THE Merchandise for Resale Concessions 222232 400 BCA/CRIMINAL JUSTICE TRAINING Tuition Reimbursement/School Police 222496 397 CENTURYLINK Telephone E-911 Program 4590 394 CERIDIAN Garnishment Withheld General Fund 222296 394 PINNACLE DISTRIBUTING Misc Taxable Prairie View Liquor Store 1001957 393 BOYER TRUCKS Equipment Repair&Maint Fleet Operating 222471 393 TKO WINES,INC Wine Imported Prairie Village Liquor Store 222046 392 BERTELSON TOTAL OFFICE SOLUTIO Office Supplies Utility Operations-General 222259 391 GUSTAD,MARK Tuition Reimbursement/School Police 222364 389 EDEN PRAIRIE MALL LLC Building Rental Police 222657 388 CHISAGO LAKES DISTRIBUTING Beer Den Road Liquor Store 1001954 385 ASPEN WASTE SYSTEMS INC. Waste Disposal Public Works/Parks 222737 374 OURSTON ROUNDABOUT ENGINEERING Design&Engineering Shady Oak Rd-CR 61 North 222122 373 KEEPERS Clothing&Uniforms Police 222212 373 WORLD WIDE CELLARS INC Transportation Den Road Liquor Store 222107 371 HOHENSTEINS INC Beer Den Road Liquor Store 1001943 368 TWIN CITY FILTER SERVICE INC Building Repair&Maint. Water Treatment Plant 222092 366 GAS TANK RENU OF MINNESOTA Equipment Parts Fleet Operating 222652 366 BRIN NORTHWESTERN GLASS COMPAN Building Repair&Maint. Prairie Village Liquor Store 222524 365 BERTELSON TOTAL OFFICE SOLUTIO Office Supplies Utility Operations-General 222421 364 MIDWEST ASPHALT CORPORATION Waste Blacktop/Concrete Street Maintenance 222475 361 VESSCO INC Equipment Repair&Maint Water Treatment Plant 222355 359 CBIZ FINANCIAL SOLUTIONS INC Other Contracted Services Organizational Services 222048 357 BOURGET IMPORTS Transportation Prairie View Liquor Store 222231 356 BAUER BUILT TIRE AND BATTERY Equipment Parts Fleet Operating 222040 350 BATTERIES PLUS Equipment Repair&Maint Public Safety Communications 222766 350 WASHBURN-MCGREAVY CHAPEL Burial&Marker Fees Pleasant Hill Cemetery 1001963 348 CONNEY SAFETY PRODUCTS Office Supplies Customer Service 222057 348 CENTURYLINK Telephone IT Telephone 222132 346 MASTER CRAFT LABELS INC Operating Supplies Den Road Liquor Store 222153 345 NORTHERN AIR CORPORATION Supplies-HVAC Fire Station#4 1001920 345 HAWKINS INC Equipment Repair&Maint Water Treatment Plant 222580 344 MENARDS Operating Supplies Street Maintenance 222204 341 WATSON CO INC,THE Merchandise for Resale Concessions 1001983 340 MCQUAY INTERNATIONAL Contract Svcs-HVAC City Hall-CAM 222626 337 WATSON CO INC,THE Merchandise for Resale Concessions 222200 335 US HEALTHWORKS MEDICAL GROUP P Employment Support Test Organizational Services 1001869 334 HD SUPPLY FACILITIES MAINTENAN Supplies-General Bldg Facilities Staff 222481 333 WILSONS NURSERY INC Landscape Materials/Supp Park Maintenance Check# Amount Vendor/Explanation Account Description Business Unit Explanation 1001949 332 WSB&ASSOCIATES INC Design&Engineering Improvement Projects 2006 222130 331 MACQUEEN EQUIPMENT INC Repair&Maint.Supplies Storm Drainage 222239 330 CHINOOK BOOK Operating Supplies Storm Drainage 222735 327 NORTHLAND CHEMICAL CORP Operating Supplies Street Maintenance 222190 325 STRONGHOLD INDUSTRIES Contract Svcs-Security Police City Center 1001900 324 ADAMS PEST CONTROL INC Contract Svcs-Pest Control Fitness/Conference-Cmty Ctr 1001996 323 SPRINT Computers IT Operating 222371 323 FIRST INDUSTRIAL REALTY TRUST AR Utility Water Enterprise Fund 1002080 321 LOCATORS&SUPPLIES INC Equipment Parts Fleet Operating 222767 319 WATSON CO INC,THE Merchandise for Resale Concessions 222282 316 MENARDS Equipment Repair&Maint Water Treatment Plant 222775 315 XCEL ENERGY Street Permits General Fund 222280 315 LIGHTNING PRINTING INC Advertising Fitness Classes 1002062 311 CONNEY SAFETY PRODUCTS Office Supplies Customer Service 222267 308 IND SCHOOL DIST 272 Building Rental Community Band 222075 308 DALE GREEN COMPANY,THE Landscape Materials/Supp Park Maintenance 222624 305 US HEALTH WORKS MEDICAL GRP MN Health&Fitness Fire 222149 305 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 222400 304 KAISER MANUFACTURING INC Repair&Maint-Ice Rink Ice Arena Maintenance 1002072 303 H M CRAGG CO Equipment Repair&Maint Public Safety Communications 222600 302 PREMIUM WATERS INC Operating Supplies Fire 222142 300 MINNESOTA DEPARTMENT OF HEALTH Licenses&Taxes WAFTA 222157 300 OTTERTUNITY INC. Other Contracted Services Storm Drainage 222313 300 THOM,JOHN Conference Expense Utility Operations-General 222439 300 ORION SYSTEMS Other Contracted Services Police 222462 299 SPECIALIZED ENVIRONMENTAL TECH Landscape Materials/Supp Park Maintenance 222189 295 STRIPING SERVICES INC Equipment Repair&Maint Capital Maint.&Reinvestment 222733 290 NIHCA Other Contracted Services Community Center Admin 1001935 290 R&R SPECIALTIES OF WISCONSIN Repair&Maint-Ice Rink Ice Arena Maintenance 222328 290 CARVER COUNTY SHERIFF'S DEPT. Deposits Escrow 1001982 290 MATHESON TRI-GAS INC Operating Supplies Water Treatment Plant 222338 288 AMERICAN BOTTLING COMPANY,THE Misc Taxable Prairie View Liquor Store 1001929 288 METRO SALES INCORPORATED* Equipment Repair&Maint IT Operating 222723 286 MINNESOTA VALLEY ELECTRIC COOP Electric Traffic Signals 222329 285 PINE COUNTY SHERIFFS OFFICE Deposits Escrow 222581 284 METRO APPLIANCE RECYCLING Waste Disposal Fleet Operating 1002002 282 VAN PAPER COMPANY Cleaning Supplies Prairie Village Liquor Store 1001865 281 G&K SERVICES Clothing&Uniforms Street Maintenance 222705 280 LIFT BRIDGE BREWERY Beer Prairie View Liquor Store 222112 278 IND SCHOOL DIST 272 Printing Art Crawl 222716 277 MIDWEST ASPHALT CORPORATION Waste Blacktop/Concrete Street Maintenance 1002075 275 HORIZON COMMERCIAL POOL SUPPLY Supplies-Pool Pool Maintenance 222228 275 BANK BEER CO Beer Prairie View Liquor Store 222478 275 WACONIA FARM SUPPLY Small Tools Park Maintenance 222370 273 EVIDENT INC Operating Supplies Police 222539 272 ENVIRONMENTAL RESOURCE ASSOCIA Laboratory Chemicals Water Treatment Plant 222195 271 TRANSPORT GRAPHICS Equipment Repair&Maint Fire 222215 269 Z WINES USA LLC Transportation Den Road Liquor Store 1001910 268 CENTER FOR HEALTHY LIVING Instructor Service Senior Center Programs 1002057 267 BOUNDLESS NETWORK Operating Supplies Ice Rink#1 222597 267 PINNACLE DISTRIBUTING Misc Taxable Prairie Village Liquor Store Check# Amount Vendor/Explanation Account Description Business Unit Explanation 222473 267 TWIN CITY SEED CO Landscape Materials/Supp Park Maintenance 222194 266 TOPPERSCOT LLC Transportation Prairie View Liquor Store 222413 265 MATTS AUTO SERVICE INC Equipment Repair&Maint Fleet Operating 222332 265 AAA LAMBERTS LANDSCAPE PRODUCT Landscape Materials/Supp Water System Maintenance 222160 261 PARLEY LAKE WINERY Wine Domestic Den Road Liquor Store 222124 258 KRAFT,MATTHEW E Operating Supplies Theatre Initiative 222709 258 MARCO INC Operating Supplies IT Operating 1002068 255 FIRST SUPPLY Supplies-HVAC Fitness/Conference-Cmty Ctr 222278 254 LANO EQUIPMENT INC Equipment Parts Fleet Operating 1001868 253 HACH COMPANY Equipment Testing/Cert. Water Treatment Plant 222060 251 CLARK,JAMES G Miscellaneous Health and Benefits 222304 251 SHAMROCK GROUP,INC-ACE ICE Transportation Prairie View Liquor Store 222275 250 KONKOLY,AMY M Other Contracted Services Organizational Services 1001924 250 KIDCREATE STUDIO Other Contracted Services Storm Drainage 1002079 250 KIDCREATE STUDIO Instructor Service Arts Center 222347 250 BERTELSON TOTAL OFFICE SOLUTIO Office Supplies Utility Operations-General 1001885 249 RIGID HITCH INCORPORATED Equipment Parts Fleet Operating 222197 249 TRUE FABRICATIONS Transportation Prairie Village Liquor Store 222058 249 CHISAGO LAKES DISTRIBUTING Beer Den Road Liquor Store 222382 248 HD SUPPLY WATERWORKS LTD Equipment Parts Water System Maintenance 1001980 247 LUBRICATION TECHNOLOGIES INC Lubricants&Additives Fleet Operating 222104 244 HENNEPIN COUNTY TREASURER Waste Disposal Park Maintenance 222713 239 METRO FIRE Protective Clothing Fire 222725 239 MINUTEMAN PRESS Advertising Den Road Liquor Store 1001958 238 CBIZ BENEFITS&INSURANCE SERV Other Contracted Services Organizational Services 1002015 237 CARLSON,PAUL Travel Expense Engineering 222609 237 SHAMROCK GROUP,INC-ACE ICE Transportation Prairie View Liquor Store 1001847 235 ADAMS PEST CONTROL INC Contract Svcs-Pest Control Outdoor Center Facilities 222135 234 METRO FIRE Protective Clothing Fire 222540 233 EXTREME BEVERAGE Misc Taxable Prairie View Liquor Store 222487 231 WM MUELLER AND SONS INC Patching Asphalt Street Maintenance 222753 230 ST PAUL,CITY OF Tuition Reimbursement/School Police 1001873 230 LINDAHL,DAVID Conference Expense Economic Development 222497 226 DNR Clothing&Uniforms Theatre Initiative 1002085 225 MINNESOTA ROADWAYS CO Improvement Contracts CIP Trails 222373 224 FLYING CLOUD ANIMAL HOSPITAL Canine Supplies Police 1002040 223 QUINN,RYAN Mileage&Parking Park Maintenance 222623 222 UNITED WAY United Way Withheld General Fund 222383 221 HENNEPIN CO TAXPAYER SERVICES Software Maintenance IT Operating 1002078 220 KARST,JOAN E Mileage&Parking Facilities Staff 222101 220 HENNEPIN CO TAXPAYER SERVICES Software Maintenance IT Operating 1001950 218 WU,LISA Travel Expense IT Operating 222082 217 DUNSMORE,WES Miscellaneous Health and Benefits 222129 217 LUKE,TRACY Miscellaneous Health and Benefits 222193 217 THIELMAN,MARC Miscellaneous Health and Benefits 222205 217 WERTS,SANDY Miscellaneous Health and Benefits 1001956 216 BOBBY&STEVE'S AUTO WORLD EDE Equipment Repair&Maint Police 222222 216 ALEX AIR APPARATUS INC Equipment Repair&Maint Fire 1001906 215 BOYER TRUCKS Equipment Parts Fleet Operating 222418 215 MENARDS Small Tools Park Maintenance 222691 213 I-STATE TRUCK CENTER Equipment Parts Fleet Operating Check# Amount Vendor/Explanation Account Description Business Unit Explanation 222575 211 LIGHTNING PRINTING INC Signs Prairie Village Liquor Store 222533 211 CROFUT FAMILY WINERY Wine Domestic Prairie View Liquor Store 222202 210 WALSER CHRYSLER JEEP Equipment Parts Fleet Operating 222085 210 EDINA,CITY OF Other Contracted Services Communications 222569 210 KAISER,DAVID S Operating Supplies Community Center Admin 222761 210 TWIN CITY SEED CO Asphalt Overlay Street Maintenance 222393 209 JOHN DEERE LANDSCAPES/LESCO Repair&Maint.Supplies Utility Operations-General 222531 209 COMMUNITY HEALTH CHARITIES United Way Withheld General Fund 222264 208 HIRSHFIELD'S Repair&Maint.Supplies Water Treatment Plant 1002019 208 DE LAGE LANDEN FINANCIAL SERVI Other Rentals IT Operating 222062 207 COMCAST Wireless Subscription IT Operating 222181 206 SHAMROCK GROUP,INC-ACE ICE Transportation Prairie Village Liquor Store 1002100 204 ZEP MANUFACTURING CO Repair&Maint.Supplies Utility Operations-General 1002037 204 NORTHERN SAFETY TECHNOLOGY INC Equipment Parts Fleet Operating 222237 203 BOURGET IMPORTS Transportation Prairie Village Liquor Store 222756 201 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 1001909 201 CDW GOVERNMENT INC. Operating Supplies Athletic Programs Admin 222556 200 HOUTZ,STEPHEN J Other Contracted Services Theatre Initiative 222668 200 ENGER,LINDA Refunds Environmental Education 222523 199 BERNICK'S WINE Misc Non-Taxable Den Road Liquor Store 222712 199 MENARDS Operating Supplies Fire 222045 195 BERRY COFFEE COMPANY Merchandise for Resale Concessions 222386 195 HOHENSTEINS INC Beer Den Road Liquor Store 222727 195 MN COMMERCIAL ASSOCIATION OF R Dues&Subscriptions Economic Development 222068 194 CONTINENTAL RESEARCH CORPORATI Equipment Repair&Maint Park Maintenance 1001907 193 BROWNING,RYAN Other Hardware IT Operating 222634 192 WUTTKE,TRAVIS Landscape Materials/Supp Park Maintenance 222405 190 LANO EQUIPMENT INC Equipment Repair&Maint Fleet Operating 222273 190 KAISER,DAVID S Equipment Repair&Maint Fitness Center 1002003 190 VINOCOPIA Transportation Den Road Liquor Store 222745 189 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 222054 187 BTR OF MINNESOTA Equipment Repair&Maint Fire 1001938 186 SINELL,STEVE Mileage&Parking Assessing 222272 185 JOHNSON,DENISE Other Contracted Services Volleyball 1001903 184 AMERICAN SOLUTIONS FOR BUSINES Clothing&Uniforms Community Center Admin 1001853 183 BOYER TRUCKS Equipment Parts Fleet Operating 222648 183 BERTELSON TOTAL OFFICE SOLUTIO Office Supplies Utility Operations-General 1001854 181 CENTERPOINT ENERGY Gas Crestwood Park 222234 180 BERTELSON TOTAL OFFICE SOLUTIO Office Supplies Utility Operations-General 222356 180 CHISAGO LAKES DISTRIBUTING Beer Den Road Liquor Store 1001972 178 GRAYBAR Equipment Repair&Maint Water Treatment Plant 1001897 175 WHITE,NICOLE Mileage&Parking Therapeutic Rec Admin 222510 173 WILLIAMS,COLIN Deposits Escrow 222120 171 KARULF,DEBORAH Operating Supplies Theatre Initiative 222143 170 MINNESOTA DEPT OF LABOR AND IN Licenses&Taxes Water Treatment Plant 222260 169 HARRILL,BETH Deposits-P&R Refunds Community Center Admin 1001987 169 MORAN USA,LLC Transportation Den Road Liquor Store 222230 168 BATTLE LAKE SENIOR CARD PROJEC Supply-Greeting Cards Senior Board 222038 167 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Den Road Liquor Store 222339 167 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Den Road Liquor Store 222642 167 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Den Road Liquor Store Check# Amount Vendor/Explanation Account Description Business Unit Explanation 222516 166 AMERICAN BOTTLING COMPANY,THE Misc Taxable Prairie View Liquor Store 222226 165 ATLANTIC TACTICAL Clothing&Uniforms Police 222402 165 KEEPERS Clothing&Uniforms Police 222225 162 AT&T MOBILITY Pager&Cell Phone Water System Maintenance 1002046 162 TRI COUNTY BEVERAGE&SUPPLY Misc Non-Taxable Prairie View Liquor Store 222546 162 GENERAL REPAIR SERVICE Supplies-Garden Room Garden Room Repairs 1001864 161 FEIDT,ADAM M Mileage&Parking IT Operating 222309 161 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 222593 161 PARLEY LAKE WINERY Wine Domestic Prairie Village Liquor Store 1001993 160 SCRAP METAL PROCESSORS INC Waste Disposal Fleet Operating 1001871 160 HORIZON COMMERCIAL POOL SUPPLY Supplies-Pool Pool Maintenance 1001870 159 HOLMGREN,GRETCHEN Operating Supplies Den Road Liquor Store 222548 159 GOLDEN VALLEY SUPPLY CO Supplies-General Bldg Fitness/Conference-Cmty Ctr 1001899 158 A TO Z RENTAL CENTER Operating Supplies Wine Club 1002086 158 MOTOROLA Equipment Repair&Maint Public Safety Communications 222513 158 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 222749 158 SHAMROCK GROUP,INC-ACE ICE Transportation Prairie View Liquor Store 222654 155 BUSS,DARYL Deposits-P&R Refunds Community Center Admin 222632 153 WOODLAND HILL VINEYARDS LLC Wine Domestic Prairie Village Liquor Store 222035 152 ABSOLUTE RAIN INC. Other Contracted Services Facilities Capital 222039 150 ARMOUR,CYNTHIA J Other Contracted Services Storm Drainage 222126 150 LAWSON,APRIL R Other Contracted Services Theatre Initiative 222156 150 ORION SYSTEMS Other Contracted Services Police 222341 150 ANDERSON,MICHAEL J Other Contracted Services Theatre Initiative 222385 150 HERR,TOM Refunds Environmental Education 222572 150 LANDSCAPE RESTORATION INC Other Contracted Services Storm Drainage 1002001 150 USA SECURITY Maintenance Contracts Water Treatment Plant 222268 150 J H LARSON COMPANY Supplies-Electrical City Hall-CAM 222248 150 EDEN PRAIRIE WINLECTRIC Building Repair&Maint. Park Maintenance 222090 149 FISHER SCIENTIFIC Process Control Equipment Water Treatment Plant 222603 148 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 1002028 147 GINA MARIAS INC Operating Supplies Fire 1001931 145 OFFICE DEPOT CREDIT PLAN Equipment Repair&Maint IT Operating 222223 145 AMERIPRIDE LINEN&APPAREL SER Janitor Service Prairie Village Liquor Store 222177 145 SCHROEDER,BARBARA Deposits-P&R Refunds Community Center Admin 222512 144 440400-NCPERS MINNESOTA PERA Health and Benefits 222672 142 FRISK,PATRICIA AR Utility Water Enterprise Fund 222541 140 FIELDSTONE VINEYARDS Wine Domestic Prairie Village Liquor Store 1002095 140 TOLL GAS AND WELDING SUPPLY Repair&Maint.Supplies Sewer Utility-General 222537 140 EDEN PRAIRIE FIREFIGHTER'S REL Union Dues Withheld General Fund 222105 140 HENNEPIN COUNTY TREASURER Operating Supplies-Escrow Planning 222351 140 BOY SCOUT TROOP 469 Operating Supplies Community Center Admin 222658 140 CLAREY'S SAFETY EQUIPMENT Protective Clothing Fire 222333 138 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 1002024 137 FASTENAL COMPANY Equipment Repair&Maint Water Wells 222288 137 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Customer Service 222127 135 LEROY JOB TRUCKING INC Other Contracted Services Animal Control 222311 135 SUSA ONE-DAY SCHOOL Conference Expense Utility Operations-General 222434 132 NORTHERN PLAINS STATES DISTRIB Operating Supplies Staring Lake 222221 132 ABSOLUTE RAIN INC. Other Contracted Services Facilities Capital 222690 130 HUTCHINS,BRUCE Licenses&Taxes Inspections-Administration Check# Amount Vendor/Explanation Account Description Business Unit Explanation 1002042 130 STOCKWELL,WENDELL Licenses&Taxes Inspections-Administration 222440 129 PAPER DIRECT INC Operating Supplies-General Wine Club 222452 128 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 222763 127 US HEALTH WORKS MEDICAL GRP MN Employment Support Test Organizational Services 222408 127 LIBERTY TIRE RECYCLING LLC Waste Disposal Fleet Operating 222299 126 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 1001905 121 BIGGAR,JERRAD Motor Fuels Fleet Operating 222187 120 SQUARE CUT Instructor Service Senior Center Admin 222514 120 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 222298 120 PRAIRIE LAWN AND GARDEN Repair&Maint.Supplies Utility Operations-General 222425 120 MINNESOTA COUNTY ATTORNEYS ASS Printing Police 1002026 117 FEDEX Postage Human Resources 222584 116 MINNEAPOLIS FINANCE DEPARTMENT Software Maintenance IT Operating 4605 116 OPTUM HEALTH FINANCIAL SERVICE Other Contracted Services Health and Benefits 1001988 116 NUCO2 INC Supplies-Pool Pool Maintenance 1002087 115 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical City Hall-CAM 1001936 112 SCHMIDT,MATT Tuition Reimbursement/School Police 222292 112 OTSEA,BETTY Deposits-P&R Refunds Community Center Admin 1001941 112 TESSCO INC Equipment Repair&Maint Public Safety Communications 4580 112 OPTUM HEALTH FINANCIAL SERVICE Other Contracted Services Health and Benefits 1002039 111 QUICKSILVER EXPRESS COURIER Other Contracted Services Communications 1001887 111 SCHMIDT,MATT Travel Expense Police 1002049 111 WHITE,KEVIN Travel Expense Police 222518 110 AMERIPRIDE LINEN&APPAREL SER Janitor Service Prairie Village Liquor Store 1002027 110 FERRELLGAS Repair&Maint.Supplies Water System Maintenance 222741 109 PETERSON,ADELE AR Utility Water Enterprise Fund 222252 108 FEDERAL SIGNAL CORPORATION Equipment Parts Fleet Operating 222037 106 AMERICAN BOTTLING COMPANY,THE Misc Taxable Prairie View Liquor Store 222121 105 KARULF,RICHARD Other Contracted Services Theatre Initiative 1002081 103 LUBRICATION TECHNOLOGIES INC Equipment Parts Fleet Operating 4588 100 GENESIS EMPLOYEE BENEFITS,INC HRA Health and Benefits 222173 100 RIVERLAND COMMUNITY COLLEGE Tuition Reimbursement/School Fire 222337 100 ALBANESE,THOMAS Refunds Environmental Education 222416 100 MCCOURT,CRAIG Refunds Environmental Education 222498 100 HAGEN,FLOYD Refunds Environmental Education 222499 100 JOHNSON,BONNIE F Refunds Environmental Education 222502 100 ROMO,CONSTANCE Refunds Environmental Education 222543 100 FOERSTER,KERRY D Other Contracted Services Theatre Initiative 222571 100 KRAFT,MATTHEW E Other Contracted Services Theatre Initiative 222588 100 NONES,ABIGAIL Other Contracted Services Theatre Initiative 222608 100 SCHULKE,REED Other Contracted Services Theatre Initiative 222655 100 CARLTON,STEPHEN Refunds Environmental Education 222707 100 LUTZ,STEPHEN Refunds Environmental Education 222760 100 TRAUTWEIN,JUSTIN Refunds Environmental Education 1002032 100 JOHNSTON,ROB Travel Expense Police 1001985 100 METROPOLITAN FORD Equipment Parts Fleet Operating 1001917 100 FERRELLGAS Equipment Parts Fleet Operating 1001866 99 GRAINGER Equipment Repair&Maint Public Safety Communications 222703 99 LAMBERT,PATRICK Refunds Environmental Education 222170 99 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 222261 98 HEERINGA,LOREN Deposits-P&R Refunds Community Center Admin Check# Amount Vendor/Explanation Account Description Business Unit Explanation 1002038 98 PROSOURCE SUPPLY Cleaning Supplies Fitness/Conference-Cmty Ctr 222742 98 PETERSON,PAUL Deposits-P&R Refunds Community Center Admin 222431 97 MPX GROUP,THE Printing Police 222244 96 DIRECTV Cable TV Community Center Admin 222536 96 DIRECTV Cable TV Community Center Admin 1002005 95 A TO Z RENTAL CENTER Equipment Repair&Maint Park Maintenance 222738 93 OXYGEN SERVICE COMPANY Operating Supplies Fire 1002009 93 BONES,DUSTIN Mileage&Parking Water Treatment Plant 1001848 92 AMARA WINES LLC Transportation Prairie View Liquor Store 222721 92 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Customer Service 222673 91 G&K SERVICES-MPLS INDUSTRIAL Other Contracted Services Park Maintenance 222152 90 NIAGARA CONSERVATION Equipment Repair&Maint Water Treatment Plant 1002074 90 HOLMGREN,GRETCHEN Mileage&Parking Prairie Village Liquor Store 222175 89 RUE,SANDRA Miscellaneous Health and Benefits 1001992 88 SCHARBER&SONS Equipment Parts Fleet Operating 222762 88 TYNER,JOSEPH AR Utility Water Enterprise Fund 1002000 88 TWIN CITY FILTER SERVICE INC Equipment Repair&Maint Water Treatment Plant 222166 86 PLUNKETT'S PEST CPMTROL INC Contract Svcs-Pest Control Cummins Grill House 1002007 86 A-SCAPE INC Contract Svcs-Lawn Maint. Fire Station#3 222118 85 KALLIGHER,ANDREA Mileage&Parking Community Center Admin 222141 85 MINNESOTA CONWAY Operating Supplies Fire 1001879 85 OTTEN,DAN Conference Expense Inspections-Administration 222219 84 AAA LAMBERTS LANDSCAPE PRODUCT Landscape Materials/Supp Park Maintenance 1001937 84 SHRED-IT USA MINNEAPOLIS Waste Disposal City Center Operations 1002098 84 VAN PAPER COMPANY Cleaning Supplies Fitness/Conference-Cmty Ctr 222470 83 TIGER TECHNOLOGIES Other Contracted Services Communications 4599 83 VANCO SERVICES Miscellaneous Community Center Admin 1002073 82 HEFFERAN,CINDI Clothing&Uniforms Day Care 222650 82 BOURGET IMPORTS Transportation Prairie Village Liquor Store 1001930 82 NEW FRANCE WINE COMPANY Transportation Den Road Liquor Store 222240 81 CHRISTENSON,CATHERINE Wages No Benefits Elections 1001952 81 AJITAPRASAD,BEENA Mileage&Parking Community Center Admin 1001926 80 LOEHLEIN,KATIE Pager&Cell Phone Fitness Classes 1001889 79 STAR TRIBUNE MEDIA COMPANY LLC Dues&Subscriptions Utility Operations-General 222281 79 MATSON,TOM Small Tools Fleet Operating 222417 79 MEADOW GREEN LAWNS INC Other Contracted Services Storm Drainage 222437 78 OPHOVEN SAW SERVICE Equipment Repair&Maint Senior Center Admin 222476 77 VOLUNTEER FIREFIGHTERS BENEFIT Operating Supplies Fire 222534 76 DAS MANUFACTURING INC Operating Supplies Storm Drainage 4598 76 SAFEGUARD Bank and Service Charges Community Center Admin 222683 76 GROTH MUSIC Operating Supplies Community Band 1002089 76 QUICKSILVER EXPRESS COURIER Other Contracted Services Communications 1001925 75 LAURSEN,ANTHONY Operating Supplies Fire 222545 75 GENERAL PARTS Supplies-Garden Room Garden Room Repairs 222083 75 EDEN PRAIRIE CHAMBER OF COMMER Miscellaneous City Council 222424 74 MINNESOTA CLAY CO.USA Operating Supplies Arts Center 1001921 74 HD SUPPLY FACILITIES MAINTENAN Supplies-Plumbing City Hall-CAM 222428 70 MINNESOTA WANNER COMPANY Operating Supplies Street Maintenance 222560 69 INITIATIVE FOUNDATION Conference Expense Housing and Community Service 1002013 69 BROWN,KEVIN Clothing&Uniforms Police 222034 67 AAA LAMBERTS LANDSCAPE PRODUCT Landscape Materials/Supp Water System Maintenance Check# Amount Vendor/Explanation Account Description Business Unit Explanation 222251 67 EXTREME BEVERAGE Misc Taxable Den Road Liquor Store 1001922 66 HEFFERAN,CINDI Mileage&Parking Community Center Admin 222463 66 SPIRIT APPAREL&STUFF Computers IT Operating 1001995 66 SPRINT Computers IT Operating 1001878 66 OSI BATTERIES INC Operating Supplies Police 222589 65 NORTHERN COLORS Instructor Service Senior Center Programs 222303 64 SAND,KAY Deposits-P&R Refunds Community Center Admin 222360 64 CTS CLEANERS TAILOR&SHOE REP Operating Supplies Police 222443 64 PETSMART Canine Supplies Police 222692 63 J H LARSON COMPANY Supplies-Electrical City Hall-CAM 222494 63 Z WINES USA LLC Transportation Prairie View Liquor Store 222645 61 BATTERIES PLUS Operating Supplies Park Maintenance 222330 60 2012 DULUTH DETECTOR TRIAL Canine Supplies Police 222700 60 KORTUM,KATIE Deposits Community Center Admin 222542 58 FISCHER,MARLENE Deposits-P&R Refunds Community Center Admin 222258 56 GROTH MUSIC Operating Supplies Winter Theatre 222353 54 CAMPBELL KNUTSON,P.A. Legal WAFTA 1001989 54 PRINTERS SERVICE INC Repair&Maint-Ice Rink Ice Arena Maintenance 222390 53 IVERSON,MARGARET Deposits-P&R Refunds Community Center Admin 222415 53 MCCABE,PAM Deposits-P&R Refunds Community Center Admin 1002022 52 ELLIS,ROBERT Mileage&Parking Engineering 1002071 51 GUSTAD,MARK Tuition Reimbursement/School Police 222108 50 HOLSTEN,LEXANDRA Deposits Escrow 222388 50 HORAN,BARB Refunds Environmental Education 222399 50 JOSEPHSON,JEFF Refunds Environmental Education 222433 50 MULLIGAN,KELLY Refunds Environmental Education 222504 50 WISE,JOHN Refunds Environmental Education 222505 50 YOUNG,DAVID J Refunds Environmental Education 222568 50 JOHNSON,GARY Refunds Environmental Education 222605 50 ROMANZI,RAMON Refunds Environmental Education 222607 50 SCHNIRRING,RANDY Refunds Environmental Education 222644 50 BARRON COUNTY INCINERATOR Operating Supplies Police 222670 50 FAZZIO,SHANE Refunds Environmental Education 222684 50 HAGEN,STEVE AND NANCY Refunds Environmental Education 222235 50 BIFFS INC Waste Disposal Park Maintenance 222201 49 VAN BEUSEKOM,CARRIE Deposits-P&R Refunds Community Center Admin 222711 49 MCGUIRE,JOAN Refunds Environmental Education 222155 49 OLSEN COMPANIES Repair&Maint.Supplies Water System Maintenance 222072 48 CUB FOODS EDEN PRAIRIE Operating Supplies Police 222098 48 GROTH MUSIC Operating Supplies Winter Theatre 222423 48 MINN OFFICE OF ENTERPRISE TECH Other Contracted Services Police 1001994 47 SEVENICH,WENDY Mileage&Parking Community Center Admin 222720 46 MILLER,SHANNON AR Utility Water Enterprise Fund 222362 46 DIRECTV Other Contracted Services Police 222544 45 G&K SERVICES-MPLS INDUSTRIAL Cleaning Supplies Utility Operations-General 222326 44 ZEE MEDICAL SERVICE Operating Supplies Outdoor Center 4596 44 DELUXE BUSINESS CHECKS&SOLUT Bank and Service Charges Den Road Liquor Store 222598 42 PRAIRIE LAWN AND GARDEN Repair&Maint.Supplies Utility Operations-General 222178 42 SCOTT COUNTY SHERIFF'S OFFICE Deposits Escrow 222233 42 BERNICK'S WINE Misc Taxable Den Road Liquor Store 222401 41 KAUNE,JENNIFER Operating Supplies Theatre Initiative Check# Amount Vendor/Explanation Account Description Business Unit Explanation 222659 40 COMCAST Dues&Subscriptions City Council 222161 40 PAULSON,DAVID&MARY Deposits Community Center Admin 222765 40 WANG,YINGXIN Deposits Community Center Admin 1002096 39 UPS Equipment Repair&Maint Public Safety Communications 222578 38 MATSON,TOM Small Tools Fleet Operating 222579 38 MCCARTHY,ARDIS Deposits-P&R Refunds Community Center Admin 222729 38 MN PRIMA Office Supplies Customer Service 222447 37 PRAIRIE LAWN AND GARDEN Equipment Parts Fleet Operating 222297 36 PITNEY BOWES Postage Customer Service 222503 35 SOUNDARAJAN,BASHIYAM Deposits-P&R Refunds Community Center Admin 222123 35 KRAFT CONTRACTING&MECHANICAL Mechanical Permits General Fund 1002041 34 SHRED-IT USA MINNEAPOLIS Waste Disposal City Center Operations 1001883 33 QUICKSILVER EXPRESS COURIER Other Contracted Services Communications 222274 31 KEEPERS Clothing&Uniforms Animal Control 222527 30 COMCAST Cable TV Fire 222728 30 MN MAINTENANCE EQUIPMENT INC Equipment Parts Fleet Operating 222050 30 BRASEL,JAMES Deposits Community Center Admin 222305 30 SHERBURNE COUNTY SHERIFF'S OFF Tuition Reimbursement/School Police 222365 30 EDEN PRAIRIE NEWS Dues&Subscriptions Senior Center Admin 222651 30 BRASEL,JAMES Deposits Community Center Admin 222731 30 NCITE Conference Expense Engineering 222509 30 MIKKELSON,GRACE Deposits Escrow 222158 29 PALMISANO,MAGGIE Deposits-P&R Refunds Community Center Admin 1002070 28 GRAINGER Small Tools Water Treatment Plant 222229 27 BATTERIES PLUS Supplies-Electrical City Hall-CAM 222389 27 IND SCHOOL DIST 272 Building Rental Community Band 222224 26 AT&T Telephone E-911 Program 1002090 26 RIGID HITCH INCORPORATED Equipment Parts Fleet Operating 222073 25 CUSTOM HOSE TECH Equipment Parts Fleet Operating 222573 25 LANO EQUIPMENT INC Equipment Parts Fleet Operating 4581 25 MINNESOTA DEPT OF REVENUE Licenses&Taxes Fleet Operating 222342 25 APPRAISAL INSTITUTE Dues&Subscriptions Assessing 222343 24 AT&T MOBILITY Pager&Cell Phone Park Maintenance 1002034 23 METROPOLITAN FORD Equipment Parts Fleet Operating 222287 23 MINNESOTA POLLUTION CONTROL AG Licenses&Taxes Water Treatment Plant 222430 23 MPCA Licenses&Taxes Sewer Utility-General 1002088 23 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Operating 222467 21 STATE OF MINNESOTA Miscellaneous DWI Forfeiture 222755 21 STATE OF MINNESOTA Miscellaneous DWI Forfeiture 222056 20 CASMER,STEPHANIE Deposits Community Center Admin 222110 20 HU,YUNMING Deposits Community Center Admin 222128 20 LESNAU,MARY Deposits Community Center Admin 222150 20 MUIR,MARSHA Deposits Community Center Admin 222168 20 PREMIUM WATERS INC Operating Supplies Fire 222176 20 RYAN,KEVIN J Deposits Community Center Admin 222198 20 TSVETKOVA,PAVLINA Deposits Community Center Admin 222203 20 WARNER,CASSANDRA Deposits Community Center Admin 222214 20 XIAO,QIAN Deposits Community Center Admin 222262 20 HENNEPIN COUNTY TREASURER Licenses&Taxes Police 222286 20 MINNESOTA DEPT OF PUBLIC SAFET Licenses&Taxes Fleet Operating 222340 20 ANDERSON,ANNA Clothing&Uniforms Theatre Initiative Check# Amount Vendor/Explanation Account Description Business Unit Explanation 222361 20 DAKOTA COUNTY ADMINISTRATION C Licenses&Taxes Police 222450 20 PREMIUM WATERS INC Supplies-General Bldg Fitness/Conference-Cmty Ctr 222666 20 DEUEL,RICK Deposits Community Center Admin 222697 20 JOHNSTON,PHYLLIS Deposits Community Center Admin 222699 20 KIRCHOFF,CATHLEEN Deposits Community Center Admin 222701 20 KUYAVA,JOYCE Deposits Community Center Admin 222730 20 MUIR,MARSHA Deposits Community Center Admin 222757 20 SULLIVAN,CHERYL Deposits Community Center Admin 1001908 20 BUSSE,HOLLY Tuition Reimbursement/School Fitness Classes 222116 19 JOHN DEERE LANDSCAPES/LESCO Landscape Materials/Supp Water Treatment Plant 222461 19 SOUVANNASOTH,MINA Clothing&Uniforms Theatre Initiative 222736 18 OLSON-THOMSEN,KAY Deposits-P&R Refunds Community Center Admin 222391 17 J H LARSON COMPANY Supplies-Electrical City Hall-CAM 1001944 16 UPS Equipment Repair&Maint Public Safety Communications 222528 16 COMCAST Wireless Subscription IT Operating 222599 15 PRECISION SMALL ENGINE REPAIR Equipment Parts Fleet Operating 222043 15 BERGMANN,DENNIS Deposits Community Center Admin 222078 15 DE ABREU,RUTA Deposits Community Center Admin 222139 15 MILKE,UTE Deposits Community Center Admin 222171 15 REEDSTROM,MARLIN Deposits Community Center Admin 222719 15 MILKE,UTE Deposits Community Center Admin 222746 15 REEDSTROM,MARLIN Deposits Community Center Admin 222089 14 FISERV INC Bank and Service Charges Water Accounting 222358 13 COMCAST Cable TV Fire 1001892 11 UPS Postage Water Treatment Plant 1001998 11 STREICHERS Clothing&Uniforms Police 222167 11 PRAIRIE LAWN AND GARDEN Equipment Parts Fleet Operating 1002053 11 AMARA WINES LLC Wine Domestic Prairie View Liquor Store 222183 11 SORENSEN,JOHN Miscellaneous Health and Benefits 222722 11 MINNESOTA TROPHIES&GIFTS Operating Supplies Police 222403 11 KRAEMERS HARDWARE INC Repair&Maint.Supplies Water Metering 222099 10 HAGEN,MAIJA Deposits-P&R Refunds Community Center Admin 222106 10 HLB TAUTGES REDPATH LTD Conference Expense Finance 222587 10 MRPA Conference Expense Senior Center Admin 222290 10 MSC INDUSTRIAL SUPPLY CO INC Equipment Parts Fleet Operating 222427 9 MINNESOTA VALLEY ELECTRIC COOP Electric Riley Creek Woods 222529 9 COMCAST Cable TV Fire 222352 8 BROOKSIDE GARDEN CENTER Improvement Contracts CIP Trails 222081 7 DUETSCH,ELIZABETH Deposits-P&R Refunds Community Center Admin 222270 7 JOHN DEERE LANDSCAPES/LESCO Repair&Maint.Supplies Park Maintenance 222241 5 CITY VIEW ELECTRIC INC Cash Over/Short General Fund 222359 2 COMCAST Other Contracted Services Police 5,692,714 Grand Total City of Eden Prairie Purchasing Card Payment Report October 2012 Payment Amount Explanation Vendor Account Description Business Unit 64 US-Supplies NORTHERN TOOL&EQUIPMENT Equipment Repair&Maint Park Maintenance 32 US-Rake Bow-fiberglass MENARDS Operating Supplies Park Maintenance -21 US-Return rake bow MENARDS Operating Supplies Park Maintenance 28 US-Bow rake HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance 100 US-Conference MINNESOTA RURAL WATER ASSOCIAT Conference Expense Water System Maintenance 108 US-Baseball MENARDS Operating Supplies Park Maintenance 11 US-Ball field MENARDS Operating Supplies Park Maintenance 11 US-Baseball MENARDS Operating Supplies Park Maintenance 35 US-Picnic MENARDS Equipment Repair&Maint Park Maintenance 111 US-Rental car HERTZ EQUIPMENT RENTAL CORP Travel Expense Communications 50 US-luggage x2 US AIRWAYS Travel Expense Communications 503 US-Hotel MARRIOTT HOTELS Travel Expense Communications 50 US-iabc event IABC Conference Expense Communications 330 US-membership dues PUBLIC RELATIONS SOCIETY Dues&Subscriptions Communications 27 US-Money magazines BARNES&NOBLE Awards Communications 5 US-Parking MPLSPARKING.COM Mileage&Parking Communications -268 US-Gun Vault GANDER MOUNTAIN Equipment Parts Fleet Operating 322 US-Gun Vault GANDER MOUNTAIN Equipment Parts Fleet Operating 198 US-Café Food WALMART COMMUNITY Merchandise for Resale Concessions 15 US-Café Food WALMART COMMUNITY Merchandise for Resale Concessions 48 US-Café Food CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 39 US-Café Food TARGET Merchandise for Resale Concessions 42 US-Café Supplies CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 35 US-Café Food TARGET Merchandise for Resale Concessions 13 US-EPCC supplies MICHAELS-THE ARTS&CRAFTS S Operating Supplies Community Center Admin 133 US-Café Food TARGET Merchandise for Resale Concessions 131 US-Café Food CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 68 US-Café Food CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 120 US-Enterance Fee SOVEREIGN ESTATE WINE Special Event Fees Trips 21 US-Council Mtg RAINBOW FOODS INC. Special Event Fees Senior Board 15 US-Program supplies WALMART COMMUNITY Operating Supplies Senior Center Programs 196 US-Coffee COFFEE WHOLESALE Operating Supplies Senior Board 80 US-Annual maintenance NCTRC Dues&Subscriptions Senior Center Admin 20 US-Class fee EDEN PRAIRIE SCHOOL Conference Expense Senior Center Admin 461 US-Open house display NORTHERN TOOL&EQUIPMENT Equipment Repair&Maint Water Treatment Plant 238 US-Open house display NORTHERN TOOL&EQUIPMENT Equipment Repair&Maint Water Treatment Plant 64 US-Open house display NORTHERN TOOL&EQUIPMENT Equipment Repair&Maint Water Treatment Plant 90 US-Open house display NIAGARA CONSERVATION Equipment Repair&Maint Water Treatment Plant 1,000 US-Transdover MEASUREMENT SPECIALTIES Equipment Repair&Maint Water Wells 29 US-Supplies MEASUREMENT SPECIALTIES Equipment Repair&Maint Water Wells 28 US-Open house display RAINBOW FOODS INC. Equipment Repair&Maint Water Treatment Plant 6 US-Round lake BBQ's MENARDS Building Repair&Maint. Park Maintenance 33 US-Nozzles for hoses-h20 truck MENARDS Operating Supplies Park Maintenance 27 US-patch/mulch for cemetary HOME DEPOT CREDIT SERVICES Landscape Materials/Supp Park Maintenance 203 US-Supplies MENARDS Repair&Maint.Supplies Utility Operations-General 26 US-Duluth conf OFF THE ROAD BAR AND GRILL Repair&Maint.Supplies Utility Operations-General 629 US-AWWA conf-Duluth THE SUITES HOTEL Travel Expense Utility Operations-General Amount Explanation Vendor Account Description Business Unit 67 US-Heavy equip trng GINA MAMAS INC Operating Supplies Utility Operations-General 20 US-Irrigation supplies MERLINS ACE HARDWARE Operating Supplies Park Maintenance 36 US-AWWA conf-Duluth LITTLE ANGIE'S CANTINA Travel Expense Water Treatment Plant 19 US-AWWA conf-Duluth OLD CHICAGO RESTAURANT Travel Expense Water Treatment Plant -2 US-AWWA conf-Duluth CANAL PARK LODGE Travel Expense Water Treatment Plant 542 US-AWWA conf-Duluth CANAL PARK LODGE Travel Expense Water Treatment Plant 130 US-Conference J Cordes MN SOCIETY OF ARBORICULTURE Conference Expense Tree Disease 204 US-Recruit orientation SUBWAY Operating Supplies Fire 198 US-Supplies VICTORY CORPS Operating Supplies Fire 134 US-Supplies VICTORY CORPS Operating Supplies Fire 79 US-Adaptive Program Supplies MICHAELS-THE ARTS&CRAFTS S Operating Supplies New Adaptive 145 US-Public works pencils AMERICAN PUBLIC WORKS ASSOCIAT Operating Supplies Street Maintenance 30 US-AWWA conf-Duluth OLD CHICAGO RESTAURANT Travel Expense Water Treatment Plant 362 US-AWWA conf-Duluth THE SUITES HOTEL Travel Expense Water Treatment Plant 25 US-Boiler license DEPT OF LABOR&INDUSTRY Licenses,Permits,Taxes Water Treatment Plant 19 US-First aid/cpr recertificati AMERICAN RED CROSS Licenses,Permits,Taxes Pool Lessons 19 US-First aid/cpr recertificati AMERICAN RED CROSS Licenses,Permits,Taxes Pool Lessons 19 US-First aid/cpr recertificati AMERICAN RED CROSS Licenses,Permits,Taxes Pool Lessons 374 US-Stencils for engraving COLD SPRING GRANITE Contributions Park Acquisition&Development 34 US-Pics of playgrounds WOLF CAMERA Contributions Park Acquisition&Development 61 US-Training KOWALSKI'S MARKET Operating Supplies Fire 90 US-Conf-S Olson MINNESOTA HISTORICAL SOCIETY Conference Expense Heritage Preservation 3 US-Equip Maint/repairs MENARDS Equipment Repair&Maint Police -120 US-Operating supplies NAPA AUTO PARTS Operating Supplies Police 120 US-Operating supplies NAPA AUTO PARTS Operating Supplies Police 109 US-Operating supplies NAPA AUTO PARTS Operating Supplies Police -50 US-Credit from cancelled trng PAYPAL INC Tuition Reimbursement/School Police 5 US-Operating supplies HOME DEPOT CREDIT SERVICES Operating Supplies Police 1 US-Irrigation repair SUPERAMERICA Operating Supplies Park Maintenance 21 US-irrigation MENARDS Operating Supplies Park Maintenance 214 US-Disc golf rock ROCK HARD LANDSCAPE Landscape Materials/Supp Staring Lake 161 US-Disc golf rock ROCK HARD LANDSCAPE Landscape Materials/Supp Staring Lake 208 US-Linden Timber Wall MENARDS Improvement Contracts CIP Trails 46 US-Linden Timber Wall MENARDS Improvement Contracts CIP Trails 124 US-Wallace Rd Block Wall MENARDS Improvement Contracts Trails Referendum 46 US-Wallace Rd Block Wall MENARDS Small Tools Park Maintenance 15 US-AWWA conf-Duluth GRANDMA'S SALOON&DELI Travel Expense Water Treatment Plant 12 US-AWWA conf-Duluth OLD CHICAGO RESTAURANT Travel Expense Water Treatment Plant 546 US-AWWA conf-Duluth CANAL PARK LODGE Travel Expense Water Treatment Plant 705 US-Trandover for wells POLLARD WATER Equipment Repair&Maint Water Wells 17 US-Mayors Mtg GAVIIDAE COMMON RAMP Mileage&Parking Community Development Admin. 51 US-Binders OFFICEMAX CREDIT PLAN Operating Supplies Community Development Admin. 74 US-Z post ALUMINUM LADDER COMPANY Equipment Parts Fleet Operating 69 US-Supplies DIVERSIFIED PRODUCTS USA Equipment Parts Fleet Operating 117 US-Chainsaw parts OMEGA INDUSTRIES Equipment Repair&Maint Park Maintenance 146 US-Chainsaw parts A TO Z RENTAL CENTER Equipment Repair&Maint Park Maintenance 42 US-Chainsaw parts OMEGA INDUSTRIES Equipment Repair&Maint Park Maintenance 38 US-C Weinstein-officer engagem CHAMPPS RESTAURANT&BAR Operating Supplies Fire 380 US-VLOS conf DELTA AIR Conference Expense Fire 22 US-Blue Card training PANERA BREAD Operating Supplies Fire 15 US-Blue Card training PANERA BREAD Operating Supplies Fire Amount Explanation Vendor Account Description Business Unit 30 US-Car soap for stations MENARDS Operating Supplies Fire 35 US-UB online processing PAYPAL INC Bank and Service Charges Utility Operations-General 20 US-ePermit Web security PAYPAL INC Equipment Repair&Maint IT Operating 40 US-UB recurring CC PAYPAL INC Bank and Service Charges Utility Operations-General 4,191 US-Aug2012 Bldg Surchgs DEPT OF LABOR&INDUSTRY Building Surcharge General Fund 857 US-Aug2012 Bldg Surchgs DEPT OF LABOR&INDUSTRY Mechanical Surcharge General Fund 636 US-Aug2012 Bldg Surchgs DEPT OF LABOR&INDUSTRY Plumbing Surcharge General Fund -114 US-Aug2012 Bldg Surchgs DEPT OF LABOR&INDUSTRY Other Revenue General Fund 135 US-GAAP update GOVERNMENT FINANCE OFFICERS AS Conference Expense Finance 231 US-GFOA conf T wilson ARROWWOOD RADISSON RESORT Travel Expense Finance 231 US-GFOA conf S Kotchevar ARROWWOOD RADISSON RESORT Travel Expense Finance 50 US-Training GOVERNMENT FINANCE OFFICERS AS Conference Expense Finance 140 US-Skate Lesson office supplie OFFICEMAX CREDIT PLAN Operating Supplies Ice Rink#1 49 US-Itinerant license HENNEPIN COUNTY TREASURER Licenses,Permits,Taxes Heritage on the Prairie 394 US-Café Supplies US FOOD CULINARY EQUIPMENT&S Operating Supplies Concessions 59 US-Skate lesson jackets PILGRIM CLEANERS Operating Supplies Ice Rink#1 39 US-Café Food WALMART COMMUNITY Merchandise for Resale Concessions 39 US-Café Food CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 72 US-Label Tape HAWK LABELING SYSTEMS Operating Supplies Community Center Admin 49 US-Itinerant license HENNEPIN COUNTY TREASURER Licenses,Permits,Taxes Heritage on the Prairie 49 US-Itinerant license HENNEPIN COUNTY TREASURER Licenses,Permits,Taxes Heritage on the Prairie 49 US-Itinerant license HENNEPIN COUNTY TREASURER Licenses,Permits,Taxes Heritage on the Prairie 34 US-Stainless bolts FASTENAL COMPANY Repair&Maint.Supplies Water System Maintenance 368 US-Railvolution conf DELTA AIR Travel Expense Economic Development 24 US-Railvolution conf TRAVEL INSURANCE Travel Expense Economic Development 50 US-Awards Ceremony IABC Miscellaneous Communications 1,168 US-Supplies MEASUREMENT SPECIALTIES Equipment Repair&Maint Water Wells 1,000 US-Supplies MEASUREMENT SPECIALTIES Equipment Repair&Maint Water Wells 47 US-Supplies SHORTRUNPOSTERS.COM Office Supplies Utility Operations-General 66 US-Locker rooms TARGET Office Supplies Utility Operations-General 65 US-locker/kitchen/video room WALMART COMMUNITY Office Supplies Utility Operations-General 404 US-bottle for open house MOTIVATORS.COM Office Supplies Utility Operations-General 174 US-Town hall mtg refreshments PANERA BREAD Miscellaneous City Council 200 US-Council Workshop Food CRUMB GOURMET DELI Miscellaneous City Council 460 US-Expo-S Butcher Wickstrom NATIONAL LEAGUE OF CITIES Conference Expense City Council 254 US-Council Workshop Food QDOBA MEXICAN GRILL Miscellaneous City Council 55 US-Sunshine fund-L Danhauser BACHMANS CREDIT DEPT Deposits Escrow 570 US-Expo-R Case NATIONAL LEAGUE OF CITIES Conference Expense City Council 12 US-L McWaters-CC personal use US BANK Deposits Escrow 47 US-frames for lesson signs WALMART COMMUNITY Operating Supplies Pool Lessons 47 US-frames for lesson signs WALMART COMMUNITY Operating Supplies Oak Point Lessons 35 US-uniforms SWIMOUTLET.COM Clothing&Uniforms Oak Point Lessons 62 US-Program supplies OFFICEMAX CREDIT PLAN Operating Supplies Pool Lessons 48 US-Bandaids ZEE MEDICAL SERVICE Safety Supplies Pool Operations 107 US-facility kickboards LIFEGUARD STORE INC,THE Operating Supplies Pool Operations 556 US-Water supplies SWIMOUTLET.COM Operating Supplies Fitness Classes 56 US-Saw reapir MILWAUKEE ELECTRIC TOOL CORPOR Equipment Repair&Maint Water System Maintenance 20 US-hooks HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Sewer System Maintenance 7 US-flat sms MENARDS Repair&Maint.Supplies Sewer System Maintenance 10 US-oval/flat sms MENARDS Repair&Maint.Supplies Sewer System Maintenance 5 US-cleanout plug/adapter MENARDS Repair&Maint.Supplies Sewer System Maintenance Amount Explanation Vendor Account Description Business Unit 48 US-plumbing SPS COMPANIES Repair&Maint.Supplies Sewer System Maintenance 33 US-pvc cap slip HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Sewer System Maintenance 12 US-pvc cap slip MENARDS Repair&Maint.Supplies Sewer System Maintenance 1,300 US-Recycling containers RECYCLING ASSOCIATION OF MINNE Operating Supplies Storm Drainage 205 US-Office supplies OFFICE DEPOT CREDIT PLAN Office Supplies Recreation Admin 20 US-Comm demographic EDEN PRAIRIE SCHOOL Conference Expense Recreation Admin 42 US-DVD player for workout room MENARDS Office Supplies Utility Operations-General 53 US-CC personal use T Paron HOME DEPOT CREDIT SERVICES Deposits Escrow 8 US-Cups PDQ DELI MART Repair&Maint.Supplies Sewer System Maintenance 318 US-Curb marker supplies DAS MANUFACTURING INC Operating Supplies Storm Drainage 250 US-Conference P Carlson MN GIS/LIS Conference Expense Engineering 22 US-Supplies CONCRETE FASTENING SYSTEMS Operating Supplies Engineering 281 US-ITE Dues-R Newton INSTITUTE OF TRANSPORTATION EN Dues&Subscriptions Engineering 95 US-TZD Conf-R Ellis UNIVERSITY OF MINNESOTA Conference Expense Engineering 95 US-TZD Conf-R Newton UNIVERSITY OF MINNESOTA Conference Expense Engineering 30 US-One year subscription TAUNTON DIRECT INC Dues&Subscriptions Park Maintenance 39 US-Tools MENARDS Small Tools Park Maintenance 42 US-Tools repair/blades BACHMANS CREDIT DEPT Equipment Repair&Maint Park Maintenance 26 US-Tools MENARDS Small Tools Park Maintenance 120 US-Travel expense HERSHEY LODGE Tuition Reimbursement/School Police 92 US-Crime scene tech supplies AMAZON.COM Operating Supplies Police -120 US-Travel expense HERSHEY LODGE Tuition Reimbursement/School Police 14 US-Reserve Calendar CALENDAR WIZ Operating Supplies Reserves 40 US-Training supplies OFFICE DEPOT CREDIT PLAN Training Supplies Fire 228 US-Training supplies HOME DEPOT CREDIT SERVICES Training Supplies Fire 215 US-Office supplies OFFICE DEPOT CREDIT PLAN Office Supplies Fire 49 US-Supplies SKUTT CERAMIC PRODUCTS Repair&Maint.Supplies Arts Center 221 US-Supplies PACE INTERNATIONAL Repair&Maint.Supplies Fitness/Conference-Cmty Ctr 56 US-Washington ave leak repair LITTLE CAESARS Repair&Maint.Supplies Water System Maintenance 316 US-Art crawl signage ONLINE SIGN PURCHASE Advertising Art Crawl 97 US-Art Center supplies ORIENTAL TRADING Operating Supplies Arts Center 5 US-Supplies JERRY'S FOODS Operating Supplies Recreation Admin 9 US-Drinks JERRY'S FOODS Miscellaneous Recreation Admin 112 US-Art Crawl supplies OFFICEMAX CREDIT PLAN Operating Supplies Art Crawl 119 US-Food license HENNEPIN COUNTY TREASURER Licenses,Permits,Taxes Theatre Initiative 268 US-Art Center supplies DISCOUNT SCHOOL SUPPLY Operating Supplies Arts Center 17 US-Refreshments KOWALSKI'S MARKET Miscellaneous Theatre Initiative 33 US-Volumteer Software VOLGISTICS Other Contracted Services Recreation Admin 58 US-Art Crawl supplies OFFICEMAX CREDIT PLAN Operating Supplies Art Crawl 8 US-Art Center supplies MICHAELS-THE ARTS&CRAFTS S Operating Supplies Arts Center 92 US-Art Crawl supplies OFFICEMAX CREDIT PLAN Operating Supplies Art Crawl 368 US-Art Center supplies TRIARCO Operating Supplies Arts Center 51 US-Art Crawl supplies OFFICEMAX CREDIT PLAN Operating Supplies Art Crawl 22 US-Refreshments KOWALSKI'S MARKET Miscellaneous Theatre Initiative 4 US-W Sevenich-CC personal use US BANK Deposits Escrow 330 US-Conf-MN Assoc of Assessing IAAO Conference Expense Assessing 25 US-Bag check DELTA AIR Travel Expense Assessing 138 US-Conf lodging BREEZY POINT RESORT Travel Expense Assessing 25 US-Bag check DELTA AIR Travel Expense Assessing 741 US-Conf lodging MARRIOTT HOTELS Travel Expense Assessing 276 US-Conf lodging BREEZY POINT RESORT Travel Expense Assessing Amount Explanation Vendor Account Description Business Unit 575 US-Conf lodging MARRIOTT HOTELS Conference Expense Communications 69 US-Awards banquet IABC Awards Communications 5 US-Parking MPLSPARKING.COM Awards Communications 75 US-MAGC Conf registration MAGC Conference Expense Communications 78 US-Flat stock for tennis signs STORMS WELDING&MFG INC. Signs Park Maintenance 20 US-Paint for tennis signs MENARDS Equipment Repair&Maint Park Maintenance 921 US-WEF conf HILTON HOTELS Travel Expense Utility Operations-General 100 US-Program trip-outdoor center HOLIDAY STATION STORES INC Program Trips Outdoor Center 64 US-Critter Food PETCO Operating Supplies Outdoor Center 25 US-Critter Food PETCO Operating Supplies Outdoor Center 23 US-Critter Food PETCO Operating Supplies Outdoor Center 24 US-Critter Food PETCO Operating Supplies Outdoor Center 41 US-CC personal use S Tekiela US BANK Deposits Escrow 281 US-49er Trng Ross Brady Scott DAYS INN Conference Expense Engineering 43 US-loppers MENARDS Operating Supplies Park Maintenance 14 US-Dispatch Cable MY CABLE MART Equipment Repair&Maint Public Safety Communications 251 US-BDA Repair ALLIED ELECTRONICS INC Equipment Repair&Maint Public Safety Communications 48 US-BDA Repair DIGI-KEY Equipment Repair&Maint Public Safety Communications 87 US-S Mitchell lodging LE ST GERMAIN SUITE HOTEL Tuition Reimbursement/School Police 87 US-C Rock lodging LE ST GERMAIN SUITE HOTEL Tuition Reimbursement/School Police 87 US-L Vik lodging LE ST GERMAIN SUITE HOTEL Tuition Reimbursement/School Police 70 US-T Brown EMT NATIONAL REGISTRY OF EMTS Tuition Reimbursement/School Police 158 US-Supplies L3 COMMUNICATIONS Training Supplies Police 75 US-L Diethelm registration fee SAFE KIDS WORLDWIDE Tuition Reimbursement/School Police 339 US-Car rental C Millard NATIONAL CAR RENTAL Tuition Reimbursement/School Police 65 US-AIAFS E Stroner AIAFS Tuition Reimbursement/School Police 85 US-AIAFS P Vansickle AIAFS Tuition Reimbursement/School Police 187 US-Food BRUEGGERS BAGEL Miscellaneous Police 33 US-Food CUB FOODS EDEN PRAIRIE Miscellaneous Police 60 US-Food CUB FOODS EDEN PRAIRIE Miscellaneous Police 14 US-Parking for training IMPARK Mileage&Parking Utility Operations-General 583 US-Safety Camp DAVANNI'S PIZZA Operating Supplies Safety Camp -9 US-Refund GOPHER Program Fee Summer Skill Development 481 US-Sign holders FASTSIGNS Signs Special Initiatives 194 US-Supplies for club 204 TARGET Operating Supplies CC-New Adaptive 139 US-Supplies for club 204 MICHAELS-THE ARTS&CRAFTS S Operating Supplies CC-New Adaptive 28 US-Supplies for club 204 WALMART COMMUNITY Operating Supplies CC-New Adaptive 79 US-Heritage Celebration A TO Z RENTAL CENTER Other Rentals Heritage on the Prairie 127 US-MN parks and rec annual con CRAGUNS Travel Expense Recreation Admin 254 US-MN parks and rec annual con CRAGUNS Travel Expense Recreation Admin 33 US-Heritage Celebration TARGET Operating Supplies Heritage on the Prairie 47 US-Event supplies WALMART COMMUNITY Operating Supplies Recreation Admin 17 US-Tickets for around town STAGES THEATRE COMPANY Special Event Fees Around Town 20 US-Program supplies/equip TARGET Operating Supplies Therapeutic Rec Admin 10 US-Saturday night out supplies MICHAELS-THE ARTS&CRAFTS S Operating Supplies SC-Saturday Night Out 33 US-Program supplies TARGET Operating Supplies CC-New Adaptive 583 US-Fitness Equipment POWER SYSTEMS Operating Supplies Fitness Classes 2,146 US-Fitness Equipment POWER SYSTEMS Operating Supplies Fitness Classes 77 US-Supplies TARGET Operating Supplies Aquatics&Fitness Admin 18 US-Fitness Equipment POWER SYSTEMS Operating Supplies Fitness Classes 503 US-Fitness Equipment POWER SYSTEMS Operating Supplies Fitness Classes Amount Explanation Vendor Account Description Business Unit 250 US-Monthy body pump fee SCW FITNESS Licenses,Permits,Taxes Fitness Classes 25 US-WILS membership WOMEN IN LEISURE SERVICES Conference Expense Aquatics&Fitness Admin 139 US-Police property room labels KENCOSTORE.COM Computers IT Operating 43 US-Online book SAFARI BOOKS Conference Expense IT Operating 64 US-Project Mgmt PODIO INC Equipment Repair&Maint IT Operating 443 US-Online lib SAFARI BOOKS Conference Expense IT Operating 20 US-Cables and adapters AMAZON.COM Computers IT Operating 15 US-Cables and adapters AMAZON.COM Computers IT Operating 40 US-Power Supply IT SERVERSUPPLY.COM Computers IT Operating 87 US-IT cable AMAZON.COM Computers IT Operating 181 US-BCA Conference LE ST GERMAIN SUITE HOTEL Tuition Reimbursement/School Police 709 US-PD Chaplain Appreciation lu BIAGGI'S RISTORANTE ITALIANO Operating Supplies Reserves 42,801 Report Total CITY COUNCIL AGENDA DATE: November 20, 2012 SECTION: Ordinances & Resolutions DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XI.A. Community Development/Planning Goodrich Ramus Barn (Schussler) Janet Jeremiah Heritage Preservation Site Designation and Conditional Use Permit Requested Action Move to: • Approve 2nd Reading of the Ordinance for PUD District Review and Zoning District Amendment in the Rural Zoning District; and • Approve 2nd reading of the Ordin ance for Her itage Preservation Site Designation; and • Adopt a Resolution for Site Plan Review; and • Adopt a Resolution for Conditional Use Permit Synopsis Final approval of ordinances and resolutions related to the use of the Goodrich Ramus Barn as Heritage Preservation site and Conditional Use Permit for adaptive reuse.. The 120-Day Review Period Expires on December 28, 2012. Attachments 1. Ordinance for PUD District Review 2. Summary Ordinance PUD District Review 3. Ordinance for Heritage Preservation Site Designation 4. Resolution for Site Plan Review 5. Resolution for Conditional Use Permit 6. Conditional Use Permit GOODRICH RAMUS BARN CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 35-2012-PUD-14-2012 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,AMENDING CERTAIN LAND WITHIN A ZONING DISTRICT,AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT,AND,ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be amended within the Rural Zoning District 35-2012-PUD-14-2012 (hereinafter "PUD-l 4-2012-RURAL). Section 3. The City Council hereby makes the following findings: A. PUD-14-2012-RURAL is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-14-2012-RURAL 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-14-2012-RURAL are justified by the design of the development described therein. D. PUD-14-2012-RURAL is of sufficient size, composition, and arrangement that its construction, marketing, and operation is feasible as a complete unit without dependence upon any subsequent unit. Section 4. The proposal is hereby adopted and the land shall be, and hereby is amended within the Rural Zoning District and shall be included hereafter in the Planned Unit Development 14-2012-RURAL, and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 5. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 6. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 20th day of November 20, 2012, 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 20th day of November 20, 2012. ATTEST: Kathleen A. Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on , 2012. EXHIBIT A PUD Legal Description — Goodrich Ramus Barn That part of Tract B, Registered Land Survey No. 1085, Hennepin County, Minnesota, as recorded with the Registrar of Titles, described as follows: Commencing at the most Easterly corner of said Tract B, said Easterly corner labeled as Judicial Monument No. 5 on said Registered Land Survey No. 1085, thence on an assumed bearing of South 16 degrees 46 minutes 30 seconds West, along the East line of said Tract B, a distance of 89.22 feet to the point of beginning; thence North 72 degrees 33 minutes 56 seconds West, a distance of 46.96 feet; thence South 82 degrees 28 minutes 00 seconds West, a distance of 93.96 feet; thence South 17 degrees 28 minutes 42 seconds West, a distance of 99.67 feet; thence South 66 degrees 58 minutes 41 seconds East, a distance of 111.96 feet; thence South 16 degrees 37 minutes 35 seconds West, a distance of 111.75 feet; thence South 71 degrees 43 minutes 55 seconds East, a distance of 22.23 feet to the East line of said Tract B: thence North 16 degrees 46 minutes 30 seconds East, along said East line to the point of beginning. GOODRICH RAMUS BARN CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO. 35-2012-PUD-14-2012 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,AMENDING THE ZONING OF CERTAIN LAND WITHIN ONE DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99,WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance allows amendment of the zoning of land located at 14150 Pioneer Trail within the Rural Zoning District. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on , 2012. (A full copy of the text of this Ordinance is available from City Clerk.) CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, DESIGNATING CERTAIN PROPERTY WITH IN THE CITY OF E DEN PRAIRIE AS HERITAG E PRESERVATION SITE NUMBER 0007: THE GOODRICH-RAMUS BARN THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: SECTION 1. The legal description and attached boundary map is hereby adopted as the official Heritage Preservati on Site m ap for Heritage Pres ervation Site Num ber 0007: The Goodrich Ramus Barn; SECTION 2. That all lands within the official Heritage Preservation Site Boundary Map for Heritage Preservation Site Number 0007: The Goodrich Ram us Barn and hereby is designated a Heritage Preservation Site as provided in City Code Section 11.05; SECTION 3. This ordinance shall becom e effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 20th day of Nove mber, 2012, finally read and a dopted and ordered publis hed in summary for m as attached hereto at a regular m eeting of the City Council of said City on the 20th day of November, 2012. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on . CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2012- A RESOLUTION GRANTING SITE PLAN APPROVAL FOR GOODRICH RAMUS BARN BY SCHUSSLER CREATIVE, INC WHEREAS, Schussler Creative, Inc, has applied for Site Plan approval of Goodrich Ramus Barn as an entertainment center and to construct a 432 square foot accessory structure, by an Ordinance approved by the City Council on November 20, 2012; and WHEREAS, the Planning Commission reviewed said application at a public hearing at its October 22, 2012 meeting and recommended approval of said site plans; and WHEREAS, the City Council has reviewed said application at a public hearing at its November 20, 2012 meeting. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that site plan approval be granted to Schussler Creative, Inc, reviewed and approved by the City Council on November 20, 2012. ADOPTED by the City Council of the City of Eden Prairie this 20th day of November, 2012. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2012- A RESOLUTION GRANTING A CONDITIONAL USE PERMIT FOR GOODRICH RAMUS BARN BY SCHUSSLER CREATIVE,INC WHEREAS, Schussler creative, Inc, has applied for a Conditional Use Permit for an adaptive reuse of an Heritage Preservation Site by an Ordinance approved by the City Council on November 20, 2012; and WHEREAS, the Heritage Preservation Commission reviewed the application for designation of the property as a Heritage Preservation Site at its meeting on October 15, 2012 and at a public hearing at its November 19, 2012 meeting and recommended approval of the designation of the property as a Heritage Preservation Site; and WHEREAS, the Planning Commission reviewed said application at a public hearing at its October 22, 2012 meeting and recommended approval of said Conditional use Permit; and WHEREAS, the City Council has reviewed said application at a public hearing at its November 20, meeting. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: 1. The recitals set forth above are incorporated herein. 2. That a Conditional Use Permit be granted to Schussler Creative, Inc, reviewed and approved by the City Council on November 20, 2012. ADOPTED by the City Council of the City of Eden Prairie this 20th day of November, 2012. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk Conditional Use Permit#2012-01 Schussler Barn Property 14150 Pioneer Trail Eden Prairie,Minnesota 55347 November 20, 2012 In accordance with the provisions of the Zoning Ordinance of the City of Eden Prairie, a Conditional Use Permit is he reby granted to th e Schussler Creative, Inc for an entertainment center located at located at 14150 Pioneer Trail (`the Property"). The location of said property being legally described as follows: That part of Tract B, Registered Land Survey No. 1085, Hennepin County, Minnesota, as recorded with the Registrar of Titles, described as follows: Commencing at the most Easterly corner of said Tract B, said Easterly corner labeled as Judicial Monument No. 5 on said Registered Land Survey No. 1085, thence on an assumed bearing of South 16 degrees 46 minutes 30 seconds West, along the East line of said Tract B, a distance of 89.22 feet to the point of beginning; thence North 72 degrees 33 minutes 56 seconds West, a distance of 46.96 feet; thence South 82 degrees 28 minutes 00 seconds West, a distance of 93.96 feet; thence South 17 degrees 28 minutes 42 seconds West, a distance of 99.67 feet; thence South 66 degrees 58 minutes 41 seconds East, a distance of 111.96 feet; thence South 16 degrees 37 minutes 35 seconds West, a distance of 111.75 feet; thence South 71 degrees 43 minutes 55 seconds East, a distance of 22.23 feet to the East line of said Tract B: thence North 16 degrees 46 minutes 30 seconds East, along said East line to the point of beginning. The City Council finds that the above described property is zoned Rural and allows historic reuse by Conditional Use Permit is allowed under the City Code. The Council finds that the applican t meets the standard s of is entitle d to the is suance of a Condition al Use Per mit for an entertainment center located on the Property subject to the following findings and conditions. Findings: A. The conditional use permit abuts a public street. B. The conditional use will have available to it adequate and safe supply of water and shall have available and use sanitary sewer which sh all adequately and safely, without harm t o other lands or persons in the area, dispose of all sanitary sewage generated on the land subject to the conditional use permit. C. The conditional use w ill not create an exces sive burden on parks, schools, streets, and other public facilities and utilities which serve or are proposed to serve the area. D. The conditional use will be sufficiently sepa rated by distance or screening from adjacent lands so th at existing homes will not be de preciated in value and there will be no deterrence to development of vacant land. E. The structure and site for the conditional use shall not be altered in app earance so as to have an adverse effect upon adjacent residential properties. F. The conditional use will not cause traffic hazard or congestion. G. Neighboring land and dwellings will not be adversely affected because of traffic generation, noise, glare, or other nuisance characteristics. H. The land subject to the conditional use permit meets the requirements of Section 11.03, Subd. 6, Site Plan and Architectural Design Review. The applicant has requested waivers from the City Code as part of a Planned Unit Development. The waivers are ba sed on existing conditions and needed to maintain the historic character of the property. Conditions: 1. Uses for this Property shall be for entertainment uses permitted by City Code includ ing but not limited to weddings,parties and events. 2. The accessory structure shall be constructed of materials and colors to match the barn. 3. Any changes to the use of the building from those established in these conditions shall require an amended Conditional Use Permit. 4. The property shall be developed in accordan ce with the approved plans dated November 20, 2012, reviewed and approved by the City Council on November 20, 2012. 5. The building shall meet all Building and Fire Codes, State and County health regulations. 6. The owner shall m eet all s tate and local re gulations related to the consum ption and display of alcohol and shall obtain all required licenses. 7. Owner shall obtain an encroachment permit from Hennepin County. 8. The building shall be connected to City sewer and water. 9. Any alterations of the building or property re quired shall conform to a Certif icate of Appropriateness. 10. Owner shall prohibit all visito rs and employees from walking across P ioneer Trail from and to any offsite parking area and the Pr operty except at City or County marked crosswalks. 11. Owner shall have employee monitoring of offsite parking areas across Pioneer Trail from the Property to keep visitors from walking ac ross Pioneer Trail from and to the Property except at City or County marked crosswalks. 12. Owner shall have in place and provide to City prior to initiating operation under this Permit a transportation plan to transport visitors from and to the offsite parking areas and the Property. 13. This permit expires on November 20, 2017. This Conditional Use Permit is issued this 20th day of November, 2012 CITY OF EDEN PRAIRIE Nancy Tyra-Lukens, Mayor Rick Getschow, City Manager STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 2012,by Nancy Tyra-Lukens and Rick Getschow, respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. Notary Public Schussler Creative, Inc hereby acknowledges and accepts this Conditional Use Permit with all the conditions set forth therein. SCHUSSLER CREATIVE, INC By Steven Schussler, President STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2012,by Steven Schussler, the of Schussler Creative, Inc, a Minnesota on behalf of the Notary Public CITY COUNCIL AGENDA DATE: SECTION: Appointments November 20, 2012 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIII.A. Rick Getschow, City Manager Appointment to the SW Light Rail Community Advisory Committee (CAC) Requested Action Move to: Appoint John Miller as a representative for the City of Eden Prairie on the Southwest Light Rail Community Advisory Committee. Synopsis John Miller is Corporate Director of Asset Management for Supervalu and has agreed to replace Patrick Bernal on the CAC who recently retired from Supervalu and moved to Florida. Background The Community Advisory Committee (CAC)was organized by the Metro Council to be a voice for the community and to advise the Southwest LRT Management Committee and the Southwest LRT Community Works Steering Committee during planning and implementation of the Southwest LRT line. The responsibilities of the Community Advisory Committee include: 1. Advising on communications and outreach strategies related to Southwest LRT. 2. Providing input on light rail design and engineering topics including but not limited to station location,parking, access to station and freight rail location. 3. Providing input on station area vision and character for development from a community perspective. 4. Reviewing and commenting on major initiatives and actions of the Southwest LRT Community Works program. S. Identifying potential issues and reviewing strategies to mitigate the impacts of construction and operations on residences, businesses,parks and trails. 6. Serving as an information resource and liaison to the greater corridor community. Meetings are held on the second Thursday of every month from 6:00 to 8:00 p.m. Members represent the diverse interests and stakeholders along the Southwest LRT line, and includes people from neighborhood groups, special interest groups, advocacy groups, educational institutions and ethnic communities. Members are appointed for a one-year term and reconfirmation of membership is requested annually. CITY COUNCIL AGENDA DATE: SECTION: Report of the City Manager November 20, 2012 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.B.1. Office of the City Manager/ Resolution Authorizing Issuance, Finance, Sue Kotchevar Awarding Sale, Prescribing the Form and Details and Providing for the Payment of $10,550,000 General Obligation Permanent Improvement Revolving Fund Bonds, Series 2012C Requested Action Move to: Adopt resolution authorizing issuance, awarding sale,prescribing the form and details and providing for the paym ent of$10,550,000 Gene ral Obligation Perm anent Improvement Revolving Fund Bonds, Series 2012C. Synopsis The 2012C bonds will finance th e Shady Oak Road Project—North. The bonds will be repaid through special assessment. Attachments Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2012- RESOLUTION AUTHORIZING ISSUANCE, AWARDING SALE, PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR THE PAYMENT OF $10,250,000 GENERAL OBLIGATION PERMANENT IMPROVEMENT REVOLVING FUND BONDS, SERIES 2012C BE IT RESOLVED by the City Council of the City of Eden Prairie, Minnesota(the City), as follows: SECTION 1. AUTHORIZATION AND SALE. 1.01. Authorization. Pursuant to Resolution No. 2005-82, adopted on June 21, 2005, the City created a revolving fund as contemplated by Minnesota Statutes, Section 429.091, Subdivision 7a designated as the Permanent Improvement Revolving Fund (the PIR Fund), and established certain accounts within the PIR Fund. The City Council hereby determines that it is in the best interest of the City to issue its $10,250,000 principal amount of General Obligation Permanent Improvement Revolving Fund Bonds, Series 2012C (the Bonds)pursuant to Minnesota Statutes, Chapters 429 and 475 to finance from the PIR Fund the cost of certain "Phase One"public improvement projects (the Projects) described in a Development Agreement dated March 6, 2012, between the City and United HealthCare Services, Inc. (the "Owner"). Pursuant to Resolution No. 2012-50 adopted March 20, 2012, the City has approved the Projects. No appeal pursuant to Minnesota Statutes, Section 429.036 was received within thirty(30) days following said date. 1.02. Sale. Pursuant to the Official Statement prepared on behalf of the City by Northland Securities, Inc., financial advisor to the City, sealed proposals for the purchase of the Bonds were received at or before the time specified for receipt of proposals. The proposals have been opened,publicly read and considered and the purchase price, interest rates and net interest cost under the terms of each proposal have been determined. The most favorable proposal received is that of BMO Capital Markets in Chicago, Illinois (the Purchaser), to purchase the Bonds at a price of$10,675,482.80 plus accrued interest on all Bonds to the day of delivery and payment, on the further terms and conditions hereinafter set forth. SECTION 2. BOND TERMS; REGISTRATION; EXECUTION AND DELIVERY. 2.01. Issuance of Bonds. All acts, conditions and things which are required by the Constitution and laws of the State of Minnesota to be done, to exist,to happen and to be performed precedent to and in the valid issuance of the Bonds having been done, now existing, having happened and having been performed, it is now necessary for the City Council to establish the form and terms of the Bonds, to provide security therefor and to issue the Bonds forthwith. 2.02. Maturities; Interest Rates; Denominations and Payment. The Bonds shall be originally dated as of December 1, 2012, shall be in the denomination of$5,000 each, or any integral multiple thereof, of single maturities, shall mature on January 15 in the years and amounts stated below, and shall bear interest from date of issue until paid or duly called for redemption, at the annual rates set forth opposite such years and amounts, as follows: Year Amount Rate Year Amount Rate 2015 $1,875,000 2.00% 2019 $1,430,000 2.00% 2016 1,525,000 2.00 2020 1,250,000 2.00 2017 1,490,000 2.00 2021 1,225,000 2.00 2018 1,455,000 2.00 The Bonds shall be issuable only in fully registered form. The interest thereon and, upon surrender of each Bond, the principal amount thereof shall be payable by check or draft issued by the Registrar described herein,provided that, so long as the Bonds are registered in the name of a securities depository, or a nominee thereof, in accordance with Section 2.08 hereof, principal and interest shall be payable in accordance with the operational arrangements of the securities depository. 2.03. Dates and Interest Payment Dates. Upon initial delivery of the Bonds pursuant to Section 2.07 and upon any subsequent transfer or exchange pursuant to Section 2.06, the date of authentication shall be noted on each Bond so delivered, exchanged or transferred. Interest on the Bonds shall be payable on January 15 and July 15 in each year, commencing July 15, 2013, each such date being referred to herein as an Interest Payment Date, to the persons in whose names the Bonds are registered on the Bond Register, as hereinafter defined, at the Registrar's close of business on the first day of the month in which the Interest Payment Date occurs, whether or not such day is a business day. Interest shall be computed on the basis of a 360-day year composed of twelve 30-day months. 2.04. Redemption. Bonds maturing in 2019 and later years shall be subject to redemption and prepayment at the option of the City, in whole or in part, in such order of maturity dates as the City may select and, within a maturity, by lot as selected by the Registrar (or, if applicable, by the securities depository in accordance with its customary procedures) in multiples of$5,000, on January 15, 2018, and on any date thereafter, at a price equal to the principal amount thereof and accrued interest to the date of redemption. The City Manager shall cause notice of the call for redemption thereof to be published if and as required by law, and at least thirty days prior to the designated redemption date, shall cause notice of call for redemption to be mailed,by first class mail, to the registered holders of any Bonds to be redeemed at their addresses as they appear on the bond register described in Section 2.06 hereof. No defect in or failure to give such mailed notice of redemption shall affect the validity of proceedings for the redemption of any Bond not affected by such defect or failure. Official notice of redemption having been given as aforesaid, the Bonds or portions of Bonds so to be redeemed shall, on the redemption date,become due and payable at the redemption price therein specified and from and after such date (unless the City shall default in the payment of the redemption price) such Bonds or portions of Bonds shall cease to bear interest. Upon partial redemption of any Bond, a new Bond or Bonds will be delivered to the owner without charge, representing the remaining principal amount outstanding. 2 2.05. Appointment of Initial Registrar. The City hereby appoints Wells Fargo Bank, National Association in Minneapolis, Minnesota, as the initial bond registrar, transfer agent and paying agent(the Registrar). The Mayor and City Manager are authorized to execute and deliver, on behalf of the City, a contract with the Registrar. Upon merger or consolidation of the Registrar with another corporation, if the resulting corporation is a bank or trust company organized under the laws of the United States or one of the states of the United States and authorized by law to conduct such business, such corporation shall be authorized to act as successor Registrar. The City agrees to pay the reasonable and customary charges of the Registrar for the services performed. The City reserves the right to remove the Registrar, effective upon not less than thirty days' written notice and upon the appointment and acceptance of a successor Registrar, in which event the predecessor Registrar shall deliver all cash and Bonds in its possession to the successor Registrar and shall deliver the Bond Register to the successor Registrar. 2.06. Registration. The effect of registration and the rights and duties of the City and the Registrar with respect thereto shall be as follows: (a) Register. The Registrar shall keep at its principal corporate trust office a register(the Bond Register) in which the Registrar shall provide for the registration of ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to be registered, transferred or exchanged. The term Holder or Bondholder as used herein shall mean the person(whether a natural person, corporation, association,partnership, trust, governmental unit, or other legal entity) in whose name a Bond is registered in the Bond Register. (b) Transfer of Bonds. Upon surrender for transfer of any Bond duly endorsed by the Holder thereof or accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by the Holder thereof or by an attorney duly authorized by the Holder in writing, the Registrar shall authenticate and deliver, in the name of the designated transferee or transferees, one or more new Bonds of a like aggregate principal amount and maturity, as requested by the transferor. (c) Exchange of Bonds. At the option of the Holder of any Bond in a denomination greater than $5,000, such Bond may be exchanged for other Bonds of authorized denominations, of the same maturity and a like aggregate principal amount, upon surrender of the Bond to be exchanged at the office of the Registrar. Whenever any Bond is so surrendered for exchange the City shall execute and the Registrar shall authenticate and deliver the Bonds which the Bondholder making the exchange is entitled to receive. (d) Cancellation. All Bonds surrendered for payment, transfer or exchange shall be promptly canceled by the Registrar and thereafter disposed of. The Registrar shall furnish the City at least once each year a certificate setting forth the principal amounts and numbers of Bonds canceled and destroyed. (e) Improper or Unauthorized Transfer. When any Bond is presented to the Registrar for transfer, the Registrar may refuse to transfer the same until it is satisfied that 3 the endorsement on such Bond or separate instrument of transfer is valid and genuine and that the requested transfer is legally authorized. The Registrar shall incur no liability for the refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. (f) Persons Deemed Owners. The City and the Registrar may treat the person in whose name any Bond is at any time registered in the Bond Register as the absolute owner of the Bond, whether the Bond shall be overdue or not, for the purpose of receiving payment of or on account of, the principal of and interest on the Bond and for all other purposes; and all payments made to or upon the order of such Holder shall be valid and effectual to satisfy and discharge the liability upon such Bond to the extent of the sum or sums so paid. (g) Taxes, Fees and Charges. For every transfer or exchange of Bonds (except for an exchange upon a partial redemption of a Bond), the Registrar may impose a charge upon the owner thereof sufficient to reimburse the Registrar for any tax, fee or other governmental charge required to be paid with respect to such transfer or exchange. (h) Mutilated, Lost, Stolen or Destroyed Bonds. In case any Bond shall become mutilated or be destroyed, stolen or lost, the Registrar shall deliver a new Bond of like amount, number, maturity date and tenor in exchange and substitution for and upon cancellation of any such mutilated Bond or in lieu of and in substitution for any Bond destroyed, stolen or lost, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case of a Bond destroyed, stolen or lost, upon filing with the Registrar of evidence satisfactory to it that the Bond was destroyed, stolen or lost, and of the ownership thereof, and upon furnishing to the Registrar of an appropriate bond or indemnity in form, substance and amount satisfactory to it, in which both the City and the Registrar shall be named as obligees. All Bonds so surrendered to the Registrar shall be canceled by it and evidence of such cancellation shall be given to the City. If the mutilated, destroyed, stolen or lost Bond has already matured or been called for redemption in accordance with its terms it shall not be necessary to issue a new Bond prior to payment. (i) Authenticating Agent. The Registrar is hereby designated authenticating agent for the Bonds, within the meaning of Minnesota Statutes, Section 475.55, Subdivision 1, as amended. (j) Valid Obligations. All Bonds issued upon any transfer or exchange of Bonds shall be the valid obligations of the City, evidencing the same debt, and entitled to the same benefits under this Resolution as the Bonds surrendered upon such transfer or exchange. 2.07. Execution, Authentication and Delivery. The Bonds shall be prepared under the direction of the City Manager and shall be executed on behalf of the City by the signatures of the Mayor and the City Manager,provided that the signatures may be printed, engraved or lithographed facsimiles of the originals. In case any officer whose signature or a facsimile of whose signature shall appear on any Bond shall cease to be such officer before the delivery of 4 such Bond, such signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until the date of delivery of such Bond. Notwithstanding such execution, no Bond shall be valid or obligatory for any purpose or entitled to any security or benefit under this Resolution unless and until a certificate of authentication on the Bond, substantially in the form provided in Section 2.09, has been executed by the manual signature of an authorized representative of the Registrar. Certificates of authentication on different Bonds need not be signed by the same representative. The executed certificate of authentication on any Bond shall be conclusive evidence that it has been duly authenticated and delivered under this Resolution. When the Bonds have been prepared, executed and authenticated, the City Manager shall deliver them to the Purchaser upon payment of the purchase price in accordance with the contract of sale heretofore executed, and the Purchaser shall not be obligated to see to the application of the purchase price. 2.08. Securities Depository. (a) For purposes of this section the following terms shall have the following meanings: "Beneficial Owner" shall mean, whenever used with respect to a Bond, the person in whose name such Bond is recorded as the beneficial owner of such Bond by a Participant on the records of such Participant, or such person's subrogee. "Cede & Co." shall mean Cede & Co., the nominee of DTC, and any successor nominee of DTC with respect to the Bonds. "DTC" shall mean The Depository Trust Company of New York,New York. "Participant" shall mean any broker-dealer,bank or other financial institution for which DTC holds Bonds as securities depository. "Representation Letter" shall mean the Representation Letter pursuant to which the City agrees to comply with DTC's Operational Arrangements. (b) The Bonds shall be initially issued as separately authenticated fully registered bonds, and one Bond shall be issued in the principal amount of each stated maturity of the Bonds. Upon initial issuance, the ownership of such Bonds shall be registered in the bond register in the name of Cede & Co., as nominee of DTC. The Registrar and the City may treat DTC (or its nominee) as the sole and exclusive owner of the Bonds registered in its name for the purposes of payment of the principal of or interest on the Bonds, selecting the Bonds or portions thereof to be redeemed, if any, giving any notice permitted or required to be given to registered owners of Bonds under this resolution, registering the transfer of Bonds, and for all other purposes whatsoever; and neither the Registrar nor the City shall be affected by any notice to the contrary. Neither the Registrar nor the City shall have any responsibility or obligation to any Participant, any person claiming a beneficial ownership interest in the Bonds under or through DTC or any Participant, or any other person which is not shown on the bond register as being a registered owner of any Bonds, with respect to the accuracy of any records maintained by DTC or any Participant, with respect to the payment by DTC or any Participant of any amount with respect to the principal of or interest on the Bonds, with respect to any notice which is permitted or required to be given to owners of Bonds under this resolution, with respect to the selection by 5 DTC or any Participant of any person to receive payment in the event of a partial redemption of the Bonds, or with respect to any consent given or other action taken by DTC as registered owner of the Bonds. So long as any Bond is registered in the name of Cede & Co., as nominee of DTC, the Registrar shall pay all principal of and interest on such Bond, and shall give all notices with respect to such Bond, only to Cede & Co. in accordance with DTC's Operational Arrangements, and all such payments shall be valid and effective to fully satisfy and discharge the City's obligations with respect to the principal of and interest on the Bonds to the extent of the sum or sums so paid. No person other than DTC shall receive an authenticated Bond for each separate stated maturity evidencing the obligation of the City to make payments of principal and interest. Upon delivery by DTC to the Registrar of written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., the Bonds will be transferable to such new nominee in accordance with paragraph (e)hereof. (c) In the event the City determines that it is in the best interest of the Beneficial Owners that they be able to obtain Bonds in the form of bond certificates, the City may notify DTC and the Registrar, whereupon DTC shall notify the Participants of the availability through DTC of Bonds in the form of certificates. In such event, the Bonds will be transferable in accordance with paragraph(e) hereof. DTC may determine to discontinue providing its services with respect to the Bonds at any time by giving notice to the City and the Registrar and discharging its responsibilities with respect thereto under applicable law. In such event the Bonds will be transferable in accordance with paragraph (e)hereof. (d) The execution and delivery of the Representation Letter to DTC, if not previously filed with DTC, by the Mayor or City Manager is hereby authorized and directed. (e) In the event that any transfer or exchange of Bonds is permitted under paragraph(b) or(c) hereof, such transfer or exchange shall be accomplished upon receipt by the Registrar of the Bonds to be transferred or exchanged and appropriate instruments of transfer to the permitted transferee in accordance with the provisions of this resolution. In the event Bonds in the form of certificates are issued to owners other than Cede & Co., its successor as nominee for DTC as owner of all the Bonds, or another securities depository as owner of all the Bonds, the provisions of this resolution shall also apply to all matters relating thereto, including, without limitation, the printing of such Bonds in the form of bond certificates and the method of payment of principal of and interest on such Bonds in the form of bond certificates. 2.09. Form of Bonds. The Bonds shall be prepared in substantially the following form: UNITED STATES OF AMERICA STATE OF MINNESOTA CITY OF EDEN PRAIRIE GENERAL OBLIGATION PERMANENT IMPROVEMENT REVOLVING FUND BOND, SERIES 2012C No. R- $ 6 Interest Rate Maturity Date Date of Original Issue CUSIP No. % January 15, 20 December 1, 2012 REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: THOUSAND DOLLARS THE CITY OF EDEN PRAIRIE, Minnesota(the City) acknowledges itself to be indebted and for value received hereby promises to pay to the registered owner specified above, or registered assigns, the principal amount specified above on the maturity date specified above and promises to pay interest thereon from the date of original issue specified above or from the most recent Interest Payment Date (as hereinafter defined)to which interest has been paid or duly provided for, at the annual interest rate specified above, payable on January 15 and July 15 in each year, commencing July 15, 2013 (each such date, an Interest Payment Date), all subject to the provisions referred to herein with respect to the redemption of the principal of this Bond before maturity. The interest so payable on any Interest Payment Date shall be paid to the person in whose name this Bond is registered at the close of business on the first day(whether or not a business day) of the calendar month in which the Interest Payment Date occurs. Interest hereon shall be computed on the basis of a 360-day year composed of twelve 30-day months. The interest hereon and, upon presentation and surrender hereof at the principal office of the agent of the Registrar described below, the principal hereof are payable in lawful money of the United States of America by check or draft drawn on Wells Fargo Bank,National Association in Minneapolis, Minnesota, as bond registrar, transfer agent and paying agent, or its successor designated under the Resolution described herein(the Registrar). For the prompt and full payment of such principal and interest as the same respectively become due, the full faith and credit and taxing powers of the City have been and are hereby irrevocably pledged. This Bond is one of an issue (the Bonds) in the aggregate principal amount of $10,250,000 issued pursuant to a resolution adopted by the City Council on November 20, 2012 (the Resolution), to provide funds to be deposited to the Permanent Improvement Revolving Fund of the City, a permanent fund established for the financing of local improvements for which special assessments may be levied against property specially benefited thereby, and is issued pursuant to and in full conformity with the Constitution and laws of the State of Minnesota thereunto enabling, including Minnesota Statutes, Chapters 429 and 475. The Bonds are issuable only in fully registered form, in the denomination of$5,000 or any integral multiple thereof, of single maturities. Bonds maturing in 2019 and later years shall be subject to redemption and prepayment at the option of the City, in whole or in part, in such order of maturity dates as the City may select and, within a maturity,by lot as selected by the Registrar(or, if applicable, by the bond depository in accordance with its customary procedures) in multiples of$5,000, on January 15, 2018, and on any date thereafter, at a price equal to the principal amount thereof and accrued interest to the date of redemption. The City shall cause notice of the call for redemption thereof to be published as required by law, and at least thirty days prior to the designated redemption date, shall cause notice of call for redemption to be mailed, by first class mail, to the registered holders of any Bonds, at the holders' addresses as they appear on the bond register 7 maintained by the Bond Registrar. No defect in or failure to give such mailed notice of redemption shall affect the validity of proceedings for the redemption of any Bond not affected by such defect or failure. Official notice of redemption having been given as aforesaid, the Bonds or portions of Bonds so to be redeemed shall, on the redemption date,become due and payable at the redemption price therein specified and from and after such date (unless the City shall default in the payment of the redemption price) such Bonds or portions of Bonds shall cease to bear interest. Upon partial redemption of any Bond, a new Bond or Bonds will be delivered to the owner without charge, representing the remaining principal amount outstanding. As provided in the Resolution and subject to certain limitations set forth therein, this Bond is transferable upon the books of the City at the principal office of the agent of the Registrar, by the registered owner hereof in person or by the owner's attorney duly authorized in writing upon surrender hereof together with a written instrument of transfer satisfactory to the Registrar, duly executed by the registered owner or the owner's attorney; and may also be surrendered in exchange for Bonds of other authorized denominations. Upon such transfer or exchange the City will cause a new Bond or Bonds to be issued in the name of the designated transferee or registered owner, of the same aggregate principal amount,bearing interest at the same rate and maturing on the same date; subject to reimbursement for any tax, fee or governmental charge required to be paid with respect to any such transfer or exchange. The City and the Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of receiving payment as herein provided and for all other purposes, and neither the City nor the Registrar shall be affected by any notice to the contrary. Notwithstanding any other provisions of this Bond, so long as this Bond is registered in the name of Cede & Co., as nominee of The Depository Trust Company, or in the name of any other nominee of The Depository Trust Company or other securities depository, the Registrar shall pay all principal of and interest on this Bond, and shall give all notices with respect to this Bond, only to Cede & Co. or other nominee in accordance with the operational arrangements of The Depository Trust Company or other securities depository as agreed to by the City. IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be performed preliminary to and in the issuance of this Bond in order to make it a valid and binding general obligation of the City in accordance with its terms, have been done, do exist, have happened and have been performed as so required; that prior to the issuance hereof the City has levied or agreed to levy special assessments on property specially benefited by the improvements financed by the Bonds, collectible in the years and amounts required to produce sums not less than five percent in excess of the principal of and interest on the Bonds as such principal and interest respectively become due, and has appropriated such special assessments to the Revenue Account(the Revenue Account) of its Permanent Improvement Revolving Fund; that, on or before each date the City is obligated to pay principal of or interest on the Bonds, the City will transfer from its Revenue Account to a separate General Obligation Permanent Improvement Revolving Fund Bonds, Series 2012C Debt Service Account an amount sufficient for the payment of such principal and interest on such date; that if necessary for payment of principal and interest, ad valorem taxes are required to be levied upon all taxable 8 property in the City, without limitation as to rate or amount; and that the issuance of this Bond, together with all other indebtedness of the City outstanding on the date hereof and on the date of its actual issuance and delivery, does not cause the indebtedness of the City to exceed any constitutional or statutory limitation of indebtedness. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Resolution until the Certificate of Authentication hereon shall have been executed by the Registrar by manual signature of one of its authorized representatives. IN WITNESS WHEREOF, the City has caused this Bond to be executed on its behalf by the facsimile signatures of its Mayor and City Manager. CITY OF EDEN PRAIRIE, MINNESOTA (facsimile signature Mayor) (facsimile signature—City Manager) CERTIFICATE OF AUTHENTICATION This is one of the Bonds delivered pursuant to the Resolution mentioned within. Date of Authentication: WELLS FARGO BANK,NATIONAL ASSOCIATION, as Registrar By Authorized Representative The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to the applicable laws or regulations: TEN COM - as tenants in common UTMA as Custodian for (Cust) (Minor) TEN ENT - as tenants by the entireties under Uniform Transfers to Minors Act (State) JT TEN - as joint tenants with right of survivorship and not as tenants in common Additional abbreviations may also be used. 9 ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto the within Bond and all rights thereunder, and does hereby irrevocably constitute and appoint attorney to transfer the said Bond on the books kept for registration of the within Bond, with full power of substitution in the premises. Dated: NOTICE: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or enlargement or any change whatsoever. Signature Guaranteed: Signature(s)must be guaranteed by an "eligible guarantor institution" meeting the requirements of the Registrar, which requirements include membership or participation in STAMP or such other "signature guaranty program" as may be determined by the Registrar in addition to or in substitution for STAMP, all in accordance with the Securities Exchange Act of 1934, as amended. PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE: [end of bond form] SECTION 3. USE OF PROCEEDS. The proceeds of the Bonds received by the City shall be deposited as follows: (a) $10,443,084.00 to the Construction Fund established in Section 4 hereof and used to pay costs of the Projects or such other improvements as proceeds of the Bonds are authorized to be applied to under Minnesota Statutes, Chapters 429 and 475, and(b) $242,648.80 to the Bond Fund created pursuant to Section 5 hereof. SECTION 4. CONSTRUCTION FUND. The City hereby establishes the Permanent Improvement Revolving Fund Series 2012C Construction Fund(the Construction Fund) as a separate bookkeeping account on its books and records. There shall be deposited into the Construction Fund, when and as received, the amount specified in Section 3 hereof. The moneys in the Construction Fund will be disbursed by the City, in accordance with this Resolution and the City's normal procedures, to pay(or reimburse the City for) the costs of the Projects, including the issuance costs of the Bonds. At such time as the Projects or such other improvements as proceeds of the Bonds are authorized to be applied to under Minnesota Statutes, Chapters 429 and 475 are completed, the City shall transfer any remaining balance in the Construction Fund as provided herein. SECTION 5. GENERAL OBLIGATION PERMANENT IMPROVEMENT REVOLVING FUND BONDS, SERIES 2012C BOND FUND. So long as any of the Bonds are outstanding and any principal of or interest thereon unpaid, the City shall maintain a separate debt service fund on its official books and records to be known as the General Obligation Permanent 10 Improvement Revolving Fund Bonds, Series 2012C Bond Fund(the Bond Fund)within the Debt Service Account of the PIR Fund(as described herein, the Debt Service Account), and the principal of and interest on the Bonds shall be payable from the Bond Fund. The City irrevocably appropriates to the Bond Fund(a) any amount received from the Purchaser in excess of the amount required by Section 3 hereof to be deposited in the Construction Fund; (b) all moneys transferred with respect to the Bonds from other accounts within the PIR Fund to the Debt Service Account in accordance with this Resolution; and(c) all other moneys as shall be appropriated by the City Council to the Bond Fund from time to time. On the business day preceding each date on which principal of or interest on the Bonds are to be paid by the City in accordance with this resolution, the City Manager shall, without further direction by the Council, transfer from the Debt Service Account in the PIR Fund to the Bond Fund an amount sufficient to pay such principal and interest. If the aggregate balance in the Bond Fund is at any time insufficient to pay all interest and principal then due on all Bonds payable therefrom, the payment shall be made from any fund of the City which is available for that purpose, subject to reimbursement from the PIR Fund when the balance therein is sufficient, and the City Council covenants and agrees that it will each year levy a sufficient amount of ad valorem taxes to take care of any accumulated or anticipated deficiency, which levy is not subject to any constitutional or statutory limitation. SECTION 6. SPECIAL ASSESSMENTS. The City hereby covenants and agrees that, for the payment of the cost of the Projects, the City has done or will do and perform all acts and things necessary for the final and valid levy of special assessments in an amount not less than 20% of the cost of each of the improvements financed by the Bonds. Pursuant to an Agreement Regarding Special Assessments dated May 8, 2012, between the City and the Owner, the City will levy and collect special assessments with respect to the Projects in the aggregate principal amount of$10,550,000. It is estimated that the principal and interest on such special assessments will be levied and collected in the years and amounts shown on Exhibit A attached hereto. In the event any such assessment shall at any time be held invalid with respect to any lot or tract of land, due to any error, defect or irregularity in any action or proceeding taken or to be taken by the City or by the City Council or by any of the officers or employees of the City, either in the making of such assessment or in the performance of any condition precedent thereto, the City hereby covenants and agrees that it will forthwith do all such further things and take all such further proceedings as shall be required by law to make such assessment a valid and binding lien upon said property. The collections of the special assessments shall be deposited, as received, into the Revenue Account. SECTION 7. PLEDGE OF TAXING POWERS. For the prompt and full payment of the principal of and interest on the Bonds as such payments respectively come due, the full faith, credit and unlimited taxing powers of the City shall be and are hereby irrevocably pledged. However, the City presently estimates that the special assessments described herein, together with any funds to be appropriated by the City to the Bond Fund, will be at least five percent in excess of the amounts needed to meet when due the principal and interest payments on the Bonds and therefore no ad valorem taxes are required to be levied at this time. SECTION 8. DEFEASANCE. When all of the Bonds have been discharged as provided in this Section, all pledges, covenants and other rights granted by this Resolution to the Holders of the Bonds shall cease. The City may discharge its obligations with respect to any Bonds which are 11 due on any date by depositing with the Registrar on or before that date a sum sufficient for the payment thereof in full; or, if any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Registrar a sum sufficient for the payment thereof in full with interest accrued from the due date to the date of such deposit. The City may also at any time discharge its obligations with respect to any Bonds, subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow,with the Registrar or with a bank or trust company qualified by law to act as an escrow agent for this purpose, cash or securities which are authorized by law to be so deposited for such purpose, bearing interest payable at such times and at such rates and maturing or callable at the holder's option on such dates as shall be required to pay all principal and interest to become due thereon to maturity or, if notice of redemption as herein required has been irrevocably provided for, to an earlier designated redemption date,provided, however, that if such deposit is made more than ninety days before the maturity date or specified redemption date of the Bonds to be discharged, the City shall have received a written opinion of Bond Counsel to the effect that such deposit does not adversely affect the exemption of interest on any Bonds from federal income taxation and a written report of an accountant or investment banking firm verifying that the deposit is sufficient to pay when due all of the principal and interest on the Bonds to be discharged on and before their maturity dates or earlier designated redemption date. SECTION 9. TAX COVENANTS; ARBITRAGE MATTERS AND CONTINUING DISCLOSURE. 9.01. General Tax Covenant. The City agrees with the registered owners from time to time of the Bonds that it will not take, or permit to be taken by any of its officers, employees or agents, any action that would cause interest on the Bonds to become includable in gross income of the recipient under the Internal Revenue Code of 1986, as amended(the Code) and applicable Treasury Regulations (the Regulations), and agrees to take any and all actions within its powers to ensure that the interest on the Bonds will not become includable in gross income of the recipient under the Code and the Regulations. All proceeds of the Bonds deposited in the Construction Fund will be expended for payment of the costs of the Projects, except that any excess over that required for the Projects may be expended as provided herein. The Projects are and will be owned and maintained by the City and available for use by members of the general public on a substantially equal basis. The City shall not enter into any lease, management contract, use agreement, capacity agreement or other agreement with any non-governmental person relating to the use of the Projects, or any portion thereof, or security for the payment of the Bonds which might cause the Bonds to be considered"private activity bonds" or"private loan bonds"pursuant to Section 141 of the Code. 9.02. Arbitrage Certification. The Mayor and City Manager being the officers of the City charged with the responsibility for issuing the Bonds pursuant to this Resolution, are authorized and directed to execute and deliver to the Purchaser a certificate in accordance with Section 148 of the Code, and applicable Regulations, stating the facts, estimates and circumstances in existence on the date of issue and delivery of the Bonds which make it reasonable to expect that the proceeds of the Bonds will not be used in a manner that would cause the Bonds to be "arbitrage bonds"within the meaning of the Code and Regulations. 12 9.03. Arbitrage Rebate. The City acknowledges that the Bonds are subject to the rebate requirements of Section 148(f) of the Code. The City covenants and agrees to retain such records, make such determinations, file such reports and documents and pay such amounts at such times as are required under said Section 148(f) and applicable Regulations unless the Bonds qualify for an exception from the rebate requirement pursuant to one of the spending exceptions set forth in Section 1.148-7 of the Regulations and no "gross proceeds" of the Bonds (other than amounts constituting a"bona fide debt service fund") arise during or after the expenditure of the original proceeds thereof. 9.04. Reimbursement. The City certifies that the proceeds of the Bonds will not be used by the City to reimburse itself for any expenditure with respect to the Projects which the City paid or will have paid more than 60 days prior to the issuance of the Bonds unless, with respect to such prior expenditures, the City shall have made a declaration of official intent which complies with the provisions of Section 1.150-2 of the Regulations, provided that this certification shall not apply(i)with respect to certain de minimis expenditures, if any,with respect to the Projects meeting the requirements of Section 1.150-2(f)(1) of the Regulations, or (ii)with respect to "preliminary expenditures" for the Projects as defined in Section 1.150-2(f)(2) of the Regulations, including engineering or architectural expenses and similar preparatory expenses, which in the aggregate do not exceed 20% of the "issue price" of the Bonds. 9.05. Continuing Disclosure. (a) Purpose and Beneficiaries. To provide for the public availability of certain information relating to the Bonds and the security therefor and to permit the Purchaser and other participating underwriters in the primary offering of the Bonds to comply with amendments to Rule 15c2-12 promulgated by the SEC under the Securities Exchange Act of 1934 (17 C.F.R. § 240.15c2-12), relating to continuing disclosure (as in effect and interpreted from time to time, the Rule), which will enhance the marketability of the Bonds, the Issuer hereby makes the following covenants and agreements for the benefit of the Owners (as hereinafter defined) from time to time of the Outstanding Bonds. The City is the only obligated person in respect of the Bonds within the meaning of the Rule for purposes of identifying the entities in respect of which continuing disclosure must be made. The City has complied in all material respects with any undertaking previously entered into by it under the Rule. If the Issuer fails to comply with any provisions of this section, any person aggrieved thereby, including the Owners of any Outstanding Bonds, may take whatever action at law or in equity may appear necessary or appropriate to enforce performance and observance of any agreement or covenant contained in this section, including an action for a writ of mandamus or specific performance. Direct, indirect, consequential and punitive damages shall not be recoverable for any default hereunder to the extent permitted by law. Notwithstanding anything to the contrary contained herein, in no event shall a default under this section constitute a default under the Bonds or under any other provision of this resolution. As used in this section, Owner or Bondowner means, in respect of a Bond, the registered owner or owners thereof appearing in the bond register maintained by the Registrar or any Beneficial Owner(as hereinafter defined) thereof, if such Beneficial Owner provides to the Registrar evidence of such beneficial ownership in form and substance reasonably satisfactory to the Registrar. As used herein, Beneficial Owner means, in respect of a Bond, any person or entity which (i)has the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, such Bond (including persons or entities holding Bonds through nominees, depositories or other intermediaries), or(ii) is treated as the owner of the Bond for federal income tax purposes. 13 (b) Information To Be Disclosed. The City will provide, in the manner set forth in subsection (c) hereof, either directly or indirectly through an agent designated by the Issuer, the following information at the following times: (1) on or before twelve (12)months after the end of each fiscal year of the Issuer, commencing with the fiscal year ending December 31, 2012, the following financial information and operating data in respect of the Issuer(the Disclosure Information): (A) the audited financial statements of the Issuer for such fiscal year,prepared in accordance with generally accepted accounting principles in accordance with the governmental accounting standards promulgated by the Governmental Accounting Standards Board or as otherwise provided under Minnesota law, as in effect from time to time, or, if and to the extent such financial statements have not been prepared in accordance with such generally accepted accounting principles for reasons beyond the reasonable control of the Issuer, noting the discrepancies therefrom and the effect thereof, and certified as to accuracy and completeness in all material respects by the fiscal officer of the Issuer; and (B) to the extent not included in the financial statements referred to in paragraph(A) hereof, the information for such fiscal year or for the period most recently available of the type contained in the Official Statement under headings: "City Property Values"; "City Indebtedness"; and"City Tax Rates, Levies and Collections." Notwithstanding the foregoing paragraph, if the audited financial statements are not available by the date specified, the Issuer shall provide on or before such date unaudited financial statements in the format required for the audited financial statements as part of the Disclosure Information and, within 10 days after the receipt thereof, the Issuer shall provide the audited financial statements. Any or all of the Disclosure Information may be incorporated by reference, if it is updated as required hereby, from other documents, including official statements, which have been submitted to the Municipal Securities Rulemaking Board(MSRB) through its Electronic Municipal Market Access System (EMMA) or to the SEC. If the document incorporated by reference is a final official statement, it must be available from the MSRB. The City shall clearly identify in the Disclosure Information each document so incorporated by reference. If any part of the Disclosure Information can no longer be generated because the operations of the Issuer have materially changed or been discontinued, such Disclosure Information need no longer be provided if the Issuer includes in the Disclosure Information a statement to such effect, provided,however, that if such operations have been replaced by other City operations in respect of which data is not included in the Disclosure Information and the Issuer determines that certain specified data regarding such replacement operations would be a Material Fact(as defined in paragraph(2) hereof), then, from and after such determination, the Disclosure Information shall include such additional specified data regarding the replacement operations. If the Disclosure Information is changed or this section is amended as permitted by this paragraph (b)(1) or subsection(d), then the Issuer shall include in the next Disclosure Information to be delivered 14 hereunder, to the extent necessary, an explanation of the reasons for the amendment and the effect of any change in the type of financial information or operating data provided. (2) In a timely manner not in excess of ten business days after the occurrence of the event, notice of the occurrence of any of the following events (each a Material Fact): (A) Principal and interest payment delinquencies; (B) Non-payment related defaults, if material; (C) Unscheduled draws on debt service reserves reflecting financial difficulties; (D) Unscheduled draws on credit enhancements reflecting financial difficulties; (E) Substitution of credit or liquidity providers, or their failure to perform; (F) Adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability,Notices of Proposed Issue (IRS Form 5701-TEB) or other material notices or determinations with respect to the tax status of the security, or other material events affecting the tax status of the security; (G) Modifications to rights of security holders, if material; (H) Bond calls, if material, and tender offers; (I) Defeasances; (J) Release, substitution, or sale of property securing repayment of the securities, if material; (K) Rating changes; (L) Bankruptcy, insolvency, receivership or similar event of the obligated person; (M) The consummation of a merger, consolidation, or acquisition involving an obligated person or the sale of all or substantially all of the assets of the obligated person, other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material; and (N) Appointment of a successor or additional trustee or the change of name of a trustee, if material. As used herein, for those events that must be reported if material, an event is "material" if it is an event as to which a substantial likelihood exists that a reasonably prudent investor would attach importance thereto in deciding to buy, hold or sell a Bond or, if not disclosed, would significantly alter the total information otherwise available to an investor from the Official Statement, information disclosed hereunder or information generally available to the public. Notwithstanding the foregoing sentence, an event is also "material" if it is an event that would be deemed material for purposes of the purchase, holding or sale of a Bond within the meaning of applicable federal securities laws, as interpreted at the time of discovery of the occurrence of the event. For the purposes of the event identified in(L) hereinabove, the event is considered to occur when any of the following occur: the appointment of a receiver, fiscal agent or similar officer for an obligated person in a proceeding under the U.S. Bankruptcy Code or in any other proceeding under state or federal law in which a court or governmental authority has assumed jurisdiction 15 over substantially all of the assets or business of the obligated person, or if such jurisdiction has been assumed by leaving the existing governing body and officials or officers in possession but subject to the supervision and orders of a court or governmental authority, or the entry of an order confirming a plan of reorganization, arrangement or liquidation by a court or governmental authority having supervision or jurisdiction over substantially all of the assets or business of the obligated person. (3) In a timely manner, notice of the occurrence of any of the following events or conditions: (A) the failure of the Issuer to provide the Disclosure Information required under paragraph (b)(1) at the time specified thereunder; (B) the amendment or supplementing of this section pursuant to subsection (d), together with a copy of such amendment or supplement and any explanation provided by the Issuer under subsection (d)(2); (C) the termination of the obligations of the Issuer under this section pursuant to subsection(d); (D) any change in the accounting principles pursuant to which the financial statements constituting a portion of the Disclosure Information are prepared; and (E) any change in the fiscal year of the Issuer. (c) Manner of Disclosure. (1) The City agrees to make available to the MSRB through EMMA, in an electronic format as prescribed by the MSRB, the information described in subsection(b). (2) All documents provided to the MSRB pursuant to this subsection (c) shall be accompanied by identifying information as prescribed by the MSRB from time to time. (d) Term; Amendments; Interpretation. (1) The covenants of the Issuer in this section shall remain in effect so long as any Bonds are Outstanding. Notwithstanding the preceding sentence, however, the obligations of the Issuer under this section shall terminate and be without further effect as of any date on which the Issuer delivers to the Registrar an opinion of Bond Counsel to the effect that, because of legislative action or final judicial or administrative actions or proceedings, the failure of the Issuer to comply with the requirements of this section will not cause participating underwriters in the primary offering of the Bonds to be in violation of the Rule or other applicable requirements of the Securities Exchange Act of 1934, as amended, or any statutes or laws successory thereto or amendatory thereof. (2) This section(and the form and requirements of the Disclosure Information)may be amended or supplemented by the Issuer from time to time,without notice to or the 16 consent of the Owners of any Bonds,by a resolution of this Board filed in the office of the recording officer of the Issuer accompanied by an opinion of Bond Counsel, who may rely on certificates of the Issuer and others and the opinion may be subject to customary qualifications, to the effect that: (i) such amendment or supplement(a) is made in connection with a change in circumstances that arises from a change in law or regulation or a change in the identity, nature or status of the Issuer or the type of operations conducted by the Issuer, or(b) is required by, or better complies with, the provisions of paragraph(b)(5) of the Rule; (ii) this section as so amended or supplemented would have complied with the requirements of paragraph(b)(5) of the Rule at the time of the primary offering of the Bonds, giving effect to any change in circumstances applicable under clause (i)(a) and assuming that the Rule as in effect and interpreted at the time of the amendment or supplement was in effect at the time of the primary offering; and(iii) such amendment or supplement does not materially impair the interests of the Bondowners under the Rule. If the Disclosure Information is so amended, the Issuer agrees to provide, contemporaneously with the effectiveness of such amendment, an explanation of the reasons for the amendment and the effect, if any, of the change in the type of financial information or operating data being provided hereunder. (3) This section is entered into to comply with the continuing disclosure provisions of the Rule and should be construed so as to satisfy the requirements of paragraph (b)(5) of the Rule. SECTION 10. CERTIFICATION OF PROCEEDINGS. 10.01. Registration of Bonds. The City Manager is hereby authorized and directed to file a certified copy of this resolution with the County Auditor of Hennepin County, together with such additional information as the County Auditor may require, and to obtain from the County Auditor a certificate that the Bonds have been duly entered upon the County Auditor's bond register. 10.02. Authentication of Transcript. The officers of the City and the County Auditor are hereby authorized and directed to prepare and furnish to the Purchaser and to Dorsey&Whitney LLP, Bond Counsel, certified copies of all proceedings and records relating to the Bonds and such other affidavits, certificates and information as may be required to show the facts relating to the legality and marketability of the Bonds, as the same appear from the books and records in their custody and control or as otherwise known to them, and all such certified copies, affidavits and certificates, including any heretofore furnished, shall be deemed representations of the City as to the correctness of all statements contained therein. 10.03. Official Statement. The Preliminary Official Statement relating to the Bonds, dated , 2012, relating to the Bonds prepared and distributed by Northland Securities, Inc., the financial advisor for the City, is hereby approved. Northland Securities, Inc., is hereby authorized on behalf of the City to prepare and distribute to the Purchaser within seven business days from the date hereof, a final Official Statement listing the offering price, the interest rates, selling compensation, delivery date, the underwriters and such other information 17 relating to the Bonds required to be included in the Official Statement by Rule 15c2-12 adopted by the Securities and Exchange Commission (the SEC)under the Securities Exchange Act of 1934. The officers of the City are hereby authorized and directed to execute such certificates as may be appropriate concerning the accuracy, completeness and sufficiency of the Official Statement. ADOPTED by the City Council of the City of Eden Prairie this 20th day of November, 2012. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor 18 EXHIBIT A ASSESSMENT SCHEDULE Assessment Revenues ($) Levy Year Collection Year $ CITY COUNCIL AGENDA DATE: SECTION: Report of the City Manager November 20, 2012 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.B.2. Rick Getschow, City Manager Southwest LRT DEIS Comments Requested Action Move to: Adopt resolution to submit comments on the Southwest Light Rail Transit Draft Environmental Impact Statement. Synopsis Federal and state environmental rules require that an Environmental Impact Statement(EIS)be prepared for the proposed Southwest Transitway Light Rail Transit(LRT)project. The EIS process includes the preparation of a Draft Environmental Impact Statement(DEIS), which must be made available for public review and comment. The DEIS is now available and can be viewed at www.southwesttransitway.org. City staff has reviewed the Southwest Transitway DEIS. The attached draft letter includes 9 general comments in the following areas: • Support of Alternative 3A with recommendations to move the Town Center Station closer to the Town Center or Eden Prairie Center. • Process for locating Operations and Maintenance Facility (OMF). • Park and Ride locations, size and opportunity for city input. • Coordination with SouthWest Transit. • LRT crossings of Valley View Road and Mitchell Road. • Location,placement and screening of Traction Power Sub-Station(TPSS) and other signal cabinets. • Mitigating design and construction impacts of the project. Also, included in the letter are 33 detailed comments on various elements of the DEIS. Written comments on the DEIS will be accepted through December 11, 2012. Following the close of the comment period, FTA and the project sponsor will consider all comments submitted and will respond to those comments in the Final EIS. Attachments 1. Resolution 2. Draft comment letter dated November 15, 2012 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2012- SUBMIT COMMENTS ON THE DRAFT ENVIRONMENTAL IMPACT STATEMENT (DEIS) FOR THE SOUTHWEST TRANSITWAY WHEREAS,the Southwest Transitway is a proposed 15-mile light-rail line serving Eden Prairie, Minnetonka, Hopkins, St. Louis Park and Minneapolis; and WHEREAS,the Federal and state environmental rules require that an Environmental Impact Statement (EIS)be prepared for the proposed Southwest Transitway project. The EIS process includes the preparation of a Draft Environmental Impact Statement(DEIS), which must be made available for public review and comment; and WHEREAS,the Southwest Transitway Draft Environmental Impact Statement(DEIS) is available for public comment through December 11, 2012; and WHEREAS, the City Council appreciates the opportunity to review the DEIS and desires to respectfully submit comments on the DEIS. NOW, THEREFORE, BE IT RESOLVED that the Eden Prairie City Council authorizes the City Manager to submit comments on the DEIS consistent with the November 15, 2012 draft comment letter during the DEIS public comment period. ADOPTED by the Eden Prairie City Council on November 20, 2012. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk November 15, 2012 Hennepin County EDEN Housing, Community Works & Transit PRAIRIE ATTN: Southwest Transitway 701 Fourth Avenue South, Suite 400 LUVE•wORK•DREAM Minneapolis, MN 55415 SUBJECT: Southwest LRT DEIS Comments To Whom It May Concern: The City of Eden Prairie has reviewed the S outhwest Transitway Draft Environm ental Impact Statement(DEIS). We appreciate the opportunity to review the DEIS and respectfully submit the following comments for consideration: General Comments 1) The City of Eden Prairie continues to support Alternative 3A as the preferred alternative as it serves the Major Center Area and Golden Triangle Area and provides the best opportunities for development, redevelopment, and economic development. Alternative 3A clearly has the highest ridership potential and the greatest positive economic impact to Eden Prairie and the region primarily due to its close proximity to existing and future job concentrations. However this alternative could be further improved in these respects by moving the Town Center Station closer to the Town Center or the Eden Prairie Center. 2) In order to better serve the Eden Prairie Town Center and Eden Prairie Center the feasibility of a more centrally located and walkable Town Center Station needs to be evaluated during the Preliminary Engineering process. Attached for reference are several concept location areas for the proposed Town Center Station that should be considered. 3) Consistent with the statements included in the Operations and Maintenance Facility Site Evaluation memorandum(Appendix H of the DEIS), a more thorough and full evaluation of the Southwest LRT line and all potential Operations and Maintenance Facilities (OMF)must occur before the OMF is sited. The evaluation must include all potential sites along the line and not just the sites included in the DEIS OMF documentation. The siting of the OMF must take into account and minimize impacts to local businesses, tax capacity, station area transit oriented development, and adjacent land uses. Furthermore construction and operation of the OMF must meet all applicable zoning codes, building codes and other city requirements for the City in which it is placed. Southwest LRT DEIS Comments November 15, 2012 Page 2 of 7 4) The selection of the location, size and type (at-grade, structured, mix-used, etc.) of the park and ride facilities is a critical issue which must be closely coordinated with the City of Eden Prairie. The City believes there is significant opportunity to improve on the siting and size of the Park and Ride locations shown in the conceptual engineering drawings. In particular the City has the following park and ride related comments: • The City's preference is to minimize or eliminate parking at the Town Center Station. This station is envisioned to be centrally located and walkable to a number of retail and residential properties. In addition, it is anticipated that the park and ride demand at this station can be shifted to adjacent stations. • The City would also prefer to minimize or eliminate the size of the park and ride at the Golden Triangle Station as these additional trips could be better allocated to future development. • The use of the existing Southwest Station Park and Ride must be coordinated with Southwest Transit. This is a large existing park and ride facility and any potential changes in service could affect the available parking supply. • In order to accommodate and allow for station area development all larger park and ride facilities should be built as structured parking. Also,joint development opportunities should be explored at these locations. • In all cases the size of the facility must be balanced with parking demand to assure adequate parking supply for Park and Ride users and to avoid potential parking overflow issues that would impact adjacent businesses or residential neighborhoods. 5) The design of the Southwest LRT must complement and be coordinated with the services offered by Southwest Transit. Future Southwest Transit operations are critical to the design and operation of the Southwest LRT line. Southwest Transit needs to be an active partner in the Preliminary Engineering process. 6) The LRT crossing of Valley View Road at Flying Cloud Drive should be converted to a grade separated crossing. The Valley View Road corridor is a major artery serving Eden Prairie's Golden Triangle and Major Center areas which provides critical access to both I-494 and Highway 212. The operation of this corridor is extremely dependant on and sensitive to effective traffic signal coordination. The traffic analysis included in DEIS indicated failing operations along this corridor making it an inappropriate location for an at-grade LRT crossing. 7) Similarly the City of Eden Prairie has significant concerns about the impacts of an at- grade crossing of Mitchell Road. Mitchell Road is a major north-south artery through Eden Prairie providing access to both Highway 5 and Highway 212. Effective signal coordination is critical to the operation of this corridor. The impacts of this proposed at- grade crossing must be fully evaluated based on actual proposed LRT operating characteristics to determine the true impacts of an at-grade crossing in this location. In addition proposed development in the area including the impacts of the Mitchell Road station and park and ride must be accounted for. Southwest LRT DEIS Comments November 15, 2012 Page 3 of 7 8) The location, placement, and screening of the Traction Power Sub-Stations (TPSS) and other signal cabinets must be closely coordinated with the City of Eden Prairie. This equipment must be located, screened, and designed as appropriate to avoid impacts to existing and future developments. 9) The project must evaluate alternatives and determine solutions for mitigating design and construction impacts of the project on all businesses, residents, and properties along the corridor. Detail Comments 1) Section 3.1.2.2 (Segm ent) -DEIS states that th e selected parcels on the south side of Technology Drive near Southwest Station are zoned Office. These parcels are zoned I-2. 2) Section 3.1.5.2 (Operations and Maintenance Facility)- School Districtland use adjacent to Wallace Road is zoned Public/Quasi Public. 3) Section 4.1.3.6 (Groundwater Sensitivity) - Tritium has been identified within the City's groundwater system which leaves most of our groundwater system as vulnerable and highly sensitive. The Emergency Management Zone has been mapped for our Wellhead Protection Plan and should be evaluated for the DEIS alhis extends beyond the areas referenced in the document. 4) Section 4.1.5.2 (Groundwater) - The document states that groundwater contamination from construction related spills is likely to affect the water table in areas of high and very high sensitivity as identified in Section 4.1.3. This section should be updated to reference the City's local information on sensitivity. 5) Section 4.2.1 (Legal and Regulatory Overview) - The regulations refrenced should include the State's Nondegradation Rules,NPDES regulations and the local stormwater rules 6) Section 4.2.1 (Legal and Regulatory Overview)- Table 4.2-1 should be updated to include the information that Nine Mile Creek Watershed District(NMCW D) has W etland Conservation Act and Stormwater permitting authority within their District. 7) Section 4.2.1.6 (Local: Watershed Districts) - The information within this section should be updated to include NMCWD permitting authorities. 8) Section 4.2.2.2 (Wetlands, Streams and Lakes) - The docuummnt could provide more accurate information regarding potential impacts by using the City's wetland mapping. This could then be used to calculate a m ore accurate representation of wetland im pacts for the remaining sections(such as 4.2.3.5). For exanple,a wetland is located within the vicinity of Southwest LRT DEIS Comments November 15, 2012 Page 4 of 7 the proposed OMF 2. 9) Section 4.10 (Electromagnetic Interference and Utilities) - Short and long term impacts to public utilities must be minimized and mitigated by the project. These utilities provide critical public service which must be maintained at all times. 10)Section 4 (General)—The proposed AlternatiNe 3A alignment passes immediately adjacent to the Eden Prairie Water Plant. The potential effects of vibration and stray current on the facility including the underground storage tanks, collector lines and distribution lines will need to be evaluated and if necessary m itigated. In addition the drive aisle around the outside of the facility is critical to the efficient use of the facility and must be maintained. 11)Section 6.2.2.3 (Traffic Signal Priority and Preemption) —The information in this section indicates that both traf fic signal priority a nd preemption will be used at LRT at-grade crossings. The im pacts of these proposed operations must be fully evaluated based on actual proposed LRT operating characteristics to determ Me the impacts and appropriate mitigation of the proposed at-grade crossings. 12)Section 6.2.2.3 (Intersection LOS Analysis)—This section indicates that the key periods of operational analysis are the AM and PM peak hours. In some locations the noon time rush may be as significant and should be evaluated as well. This is the case in the Eden Prairie Major Center Area(general area bounded by the Prairie Center Drive/Valley View Road ring road). 13)Section 6.2.2.3 (Intersection LOS Analysis)—The Traffic Study included in the appendix indicated that the same growth rate was used for traffic projections throughout the corridor. The proposed LRT project spans a large geographical area with a range of development patterns. Given these differences separate growth rates should be developed for each roadway corridor. 14)Section 6.2.2.3 (Intersection LOS Analysis)—The operational analysis in this section indicates failing operations in the Highway 212/Valley View Road interchange area. The operation of this corridor is extremely dependant on and sensitive to effective traffic signal coordination and any implementation of traffic signal priority or preemption is expected to significantly impact its operation. These factors make the Valley View Road crossing an inappropriate location for an at-grade LRT crossing. 15)Section 6.2.2.3 (Intersection LOS Analysis)—The proposed grade crossing of Mitchell Road must be fully evaluated to determine its true impacts. The methodology used in the DEIS traffic analysis assumed standard priority/preemption impacts to the Mitchell Road traffic signals which may or may not be consistent with what will be required by LRT operations. In addition the analysis must take into account the proposed development in the area including the Mitchell Road station and park and ride, impacts to effective signal coordination which is critical to the operation of the corridor, and impacts Southwest LRT DEIS Comments November 15, 2012 Page 5 of 7 to emergency vehicle pre-emption and operation due to its frequent use and the close proximity of both the police and fire stations. 16)Section 6.2.2.3 (Intersection LOS Analysis)—Ea gle Ridge Academy school is located at 7255 Flying Cloud Drive im mediately adjacent to the proposed LRT crossing of Flying Cloud Drive. The traffic characteristics of this site including the morning and afternoon vehicle queuing need to be accounted for inevaluating and designing the proposed at-grade crossing. 17)Section 6.2.2.4 (Transit Station Access)—The DEIS includes no analysis of the traffic impacts of the proposed stations and park and ride facilities. These facilities must be evaluated to determine the impacts and the appropriate mitigations. 18)Section 6.2.2.4 (Transit Station Access)—The existing Southwest Station commercial site and park and ride currently experiences on-site congestion at peak times that occasionally impacts Technology Drive. Any proposed expansion to this site needs to evaluate both the public street and on-site impacts. 19)Section 6.2.2.5 (Operations and Maintenance Facility)—The section on OMF 3 fails to indicate the long term effects this proposed location will have on development and redevelopment in the Mitchell Road station area. These impacts are in direct conflict with Goal 5 of the project"Support Economic Development". The section also fails to indicate the likely long term wetlands impacts and the expected heavy use of Wallace Road during construction. 20)Section 6.2.2.5 (Operations and Maintenance Facility)—The DEIS includes no analysis of the traffic impacts of the proposed Operations and Maintenance facility. This facility must be evaluated to determine its traffic impacts and any appropriate mitigations. 21)Section 6.2.2.6 (Building Facility Access)—This section does not indicate that the bus access ramps to/from Highway 212 and Southwest Station are anticipated to be impacted. 22)Section 6.2.3 (Short-Term Construction Effects)—Temporary construction impacts must be evaluated and to the extent possible minimized and mitigated. This includes providing viable access to all properties at all times. In particular construction options and techniques for the proposed tunnels and grade crossings must be fully evaluated and coordinated with the City. Also viable access will need to be provided to all properties at all times. 23)Section 6.3.1.4 (Bicycle and Pedestrian Facilities)—Short and long term impacts to the Minnesota River Bluffs LRT Regional Trail must be minimized and mitigated in order to maintain the use of the trail both during and after construction of the LRT. Southwest LRT DEIS Comments November 15, 2012 Page 6 of 7 24)Section 6 (General)—A north-south trail r unning adjacent to the proposed LRT line and connecting Valley View Road and Shady Oak Road should be evaluated during project development. The trail would improve trail and sidewalk connectivity and would enhance pedestrian and bike access to the Golden Triangle station. 25)Section 6 (General) - As currently shown the Town Center Station may require that a new access point to/from the south be developed. This access point will provide a secondary access to Technology Drive businesses both during and after construction. The access will also provide an important and direct connection to the Town Center. 26)Table 9.4 (Reasonably Foreseeable Future Actions)—The City of Eden Prairie is currently proceeding with improvements to Shady OakRoad(County Road 61)between and including the interchange at Highways 62 and 212. The nor them phase of the project is currently under construction. Construction of the southeitiphase is expected to start in 2014 or 2015. The proposed LRT alignment passes through the Shady Oak project just to the east of the Highway 212 interchange. The Southwest LRT project will need to continue to work cooperatively with the City and other project patners to assure that design and construction issues are appropriately coordinated and to keep the Shady Oak Road project on schedule. In addition in order to lim it the combined construction impacts of the projects potential options for accelerating portions of the Southwest LRT project should be investigated. 27)Table 9.4 (Reasonably Foreseeable Future Actions)—Im provements to Highway 5 and Highway 212 between their nerge and I-494 should beincluded in this table. This segnnnt of roadway is currently congested and potential improvements should be considered. The Southwest LRT project needs to work in coordination with MnDOT to assure that therpject does not create a significant impediment to the future improvements along Highway 5 and Highway 212. 28)Section 9.6.11.4 (Water Resources Mitigation) - The use of m itigation bank credits for permanent impacts to wetlands is proposed. This would result in impacts to the immediate watershed where the impacts are located as no mitigation bank credits are available here. The document should state that they will evaluate the immediate watershed and determine if there are potential m itigation opportunities that could be developed that would provide mitigation credits and reduce impacts to the local biota. 29)Table 12.2-2 (Preliminary List of Required Pe rmits) - Add Nine Mile Creek W atershed District to table for Sedim ent/Erosion Control Perm its and W etland Conservation Act Permit. 30)Appendix F (Conceptual Engineering Draw ings) —The existing Lone Oak Center development(southwest quadrant of Highway 212/Mitchell Road interchange) is not shows on the plans. This development needs to be accounted for in the design and developnent of the project. Southwest LRT DEIS Comments November 15, 2012 Page 7 of 7 31)Appendix F (Conceptual Engineering Dr awings) —The existing Gander Mountain development (north side of Technology Driv e between Prairie Center Drive and Flying Cloud Drive) is not shown on the plans. Thisdevelopment needs to be accounted for in the design and development of the project. 32)Appendix F (Conceptual Engineering Drawings)—The United Health Group development (southeast quadrant of Highway 62/ Shady Oa k Road interchange) is not shown on the plans. This development needs to be accounted for in the design and development of the project. 33)Appendix H (Soil, Groundwater,and Dewatering Conditions— b nth page ) -Not all residents in the area are on mznicipal water. Properties on Wllow Creek Road and Willowwood(area west of Highway 212) are served by wells. Then may also be some private irrigation wells. Sincerely, Rick Getschow City Manager Attachment CC: Mayor and City Council CITY COUNCIL AGENDA DATE: SECTION: November 20, 2012 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.B.3. OCM/Police Request Approval of Appointment of Rick Getschow, City Manager/ Prosecuting Attorney Services Rob Reynolds, Police Chief Requested Action Move to: Approve the appointment of and enter into an agreement with Gregerson, Rosow, Johnson &Nilan to provide Prosecuting Attorney Services. Background The current contract for Prosecuting Attorney Services is set to expire at the end of December 2012. This summer staff conducted a Request for Proposal (RFP)process for this service. The process was modeled after the 2009 Prosecuting Attorney Services RFP process. Staff sent RFPs to law firms who submitted proposals to the City during the 2009 process and posted notice of the RFP on the City's website, the Eden Prairie News and the Star Tribune. Five firms submitted proposals: Bonner& Borhart, Campbell Knutson, Chestnut Cambronne, Gregerson, Rosow, Johnson&Nilan and Tallen and Baertschi. In September City Manager Rick Getschow, Police Chief Rob Reynolds and Deputy Chief Jim DeMann interviewed all five firms. They narrowed the list to two finalists: Campbell Knutson and Gregerson, Rosow, Johnson& Nilan, based on the firms' philosophies on prosecution and their municipal prosecution experience. Campbell Knutson is a large firm that provides municipal prosecution services for a number of cities including Burnsville, Lakeville, Plymouth, Chanhassen, Farmington and Northfield. Gregerson, Rosow, Johnson&Nilan currently provides city attorney services for Eden Prairie and provided prosecution services for Eden Prairie from 1978 to 2009. If Gregerson, Rosow, Johnson&Nilan receive the appointment, the City will have the opportunity to provide some input into the selection of the prosecuting attorney. Cost Campbell Knutson's proposal included$125/hour for attorneys and$80/hour for legal assistants and law clerks. Staff contacted the Cities of Burnsville, Lakeville and Plymouth and learned the actual annual costs paid to Campbell Knutson in 2011 ranged from $207,334 (Lakeville) to $290,448 (Plymouth) to $346,800 (Burnsville). Gregerson, Rosow,Nilan& Johnson propose a flat $225,000 for each of the three years in the contract. However, the price may be negotiable depending on the selection of the prosecuting attorney. Recommendation While both firms have a strong record in prosecution services, staff recommends that the contract for prosecution services be awarded to Gregerson, Rosow,Nilan& Johnson. Staff believes the City would benefit from having the same firm provide both prosecution and city attorney services. The two positions need to collaborate on a number of issues that cross between civil and criminal including city code violations. Having just one firm work on these cases provides efficiencies to the firm and the City. In addition, Gregerson, Rosow,Nilan& Johnson would have one attorney dedicated full-time to serving as the City's prosecutor rather than having one person who shares their time with other cities. Having a dedicated attorney who works solely on Eden Prairie cases will allow the attorney to spend more time on smaller cases such as city code violations. While on the surface code violations can seem minor, for many residents these issues are extremely important to them as they can greatly affect their quality of life. Spending more time to resolve these issues can increase the quality of life for all Eden Prairie residents. Lastly, Gregerson, Rosow,Nilan& Johnson has had a longstanding relationship with the City of Eden Prairie, having served as our City Attorney since 1978. They have a proven record of excellence with our community having provided quality work that reflects the City's philosophy on both civil and criminal matters. GREGERSON • ROSOW JOHNSON NILAN I PROPOSAL FOR PROSECUTION SERVICES FOR THE CITY OF EDEN PRAIRIE I • August 17, 2012 Richard F. Rosow GREGERSON, ROSOW, JOHNSON & NILAN, LTD. 650 Third Avenue South Suite 1600 Minneapolis, MN 55402-4337 Telephone: (612) 436-7477 Facsimile: (612) 349-6718 rrosow@grjn.com TABLE OF CONTENTS Title Page 1 Table of Contents ' A. RESUMES 3 1. Firm Profile Attachment I 2. Resume of Richard F. Rosow Attachment 2 ' 3. Resume of Mark J. Johnson Attachment 3 4. Resume of Joseph A. Nilan Attachment 4 5. Resume of Matthew J. Nelson Attachment 5 ' 6. Resume of Emeric J. Dwyer Attachment 6 7. Resume of Sarah E. Schwarzhoff Attachment 7 ' B. AREAS OF EXPERTISE 3 C. CRIMINAL APPELLATE EXPERIENCE 4 D. ACCESSIBILITY TO CITY PERSONNEL 4 ' E. PERSONNEL ASSIGNMENTS 4 F. LEGAL LIBRARY AND RESEARCH CAPABILITIES 4 G. SUPPORT STAFF 5 ' H. RELATED SERVICES 5 I. MUNICIPAL LEGAL SERVICE EXPERIENCE 5-7 ' J. PREVIOUS OR CURRENT SERVICES FOR CITY 7 ' K. POTENTIAL CONFLICTS OF INTEREST 7 L. COMPENSATION SCHEDULE 7 ' M. FINANCIAL REPORT Attachment 8 1 2 I I RESUMES. IA. Please see attached resumes of: 1. Firm Profile (Attachment 1); I 2. Richard F. Rosow (Attachment 2); 3. Mark J. Johnson(Attachment 3); 4. Joseph A. Nilan (Attachment 4); I 5. Matthew J. Nelson(Attachment 5); 6. Emeric J. Dwyer (Attachment 6); and 7. Sarah E. Schwarzhoff(Attachment 7). IB. AREAS OF EXPERTISE. IThe firm is capable of providing a full spectrum of legal services relating to city government. Based on our long history of representing municipalities in both criminal and civil capacities, we are able to provide day to day prosecution services, and training I for police department personnel in a wide variety of law enforcement areas. Our expertise in the area of prosecution will benefit the City by providing a high level of service and representation in the court system. Police officers, victims of crime, and citizens of the ICity of Eden Prairie have the right to expect and will receive an exceptional level of service from our prosecutors who will ensure that public safety concerns receive the I highest priority. The firm is also able to coordinate our efforts in the courtroom with training for law enforcement as to new developments in the law, best practices in the area of case preparation and testimony and any other areas the City wishes to pursue. I Additionally, our long history of representation of municipalities ensures that we are able to provide advice to City staff on issues such as code enforcement and nuisance abatement with, as always, an eye to enhancing the public safety of the community. IC. CRIMINAL APPELLATE EXPERIENCE. I From 1978 through 2009 the firm served as the prosecutor for the City of Eden Prairie. A number of attorneys in the firm served as lead prosecutor over that time, including current shareholders Mark Johnson and Joseph Nilan. However for I approximately thirteen years of our service we assigned one attorney as the lead prosecutor. If awarded the position would seek an experienced and qualified prosecutor to provide the service to Eden Prairie. I propose that the City participate in our entire I selection process including interviews and final selection decision. While the individual will be our employee we will make the decision jointly, thereby ensuring that the City is satisfied with the credentials, experience, communication skills and other personal Iqualities of the lead prosecutor. D. ACCESSIBILITY TO CITY PERSONNEL. ' I Our firm currently maintains 24-hour accessibility to all attorneys through cellular phones and email communication. Additionally, backup personnel are available in the I 3 event that the lead prosecutor is not available. Our depth of experience in prosecution ensures that there is an experienced attorney available to police officers for consultation 111 24 hours a day, 7 days a week. E. PERSONNEL ASSIGNMENTS. ' As stated above in C I propose that the City participate in our entire selection process including interviews and final selection decision. While the individual will be our employee this will assure that the City is satisfied with the credentials, experience, communication skills and other personal qualities of the lead prosecutor. The firm will also provide backup to the lead prosecutor from other attorneys currently part of the firm. For that reason I have attached the resume of each attorney who we believe would conceivable any prosecution service. While Mark Johnson and Joseph Nilan will not provide day to day prosecution services, their prior experience and counsel will always be available to the prosecutor. F. LEGAL LIBRARY AND RESEARCH CAPABILITIES. ' The firm maintains a state of the art computer network integrated with internet technology. The firm routinely utilizes email and voicemail systems, as well as web- based legal systems, when providing services to its clients. All attorneys and support staff have access to current computer resources including the internet which are effective tools in providing our clients efficient service. ' The law firm subscribes to WestLaw through which a multitude of legal issues g g ' can be researched electronically via the internet. The firm maintains its own onsite library consisting of both state and federal statutes, case reporters, State and Federal based law treatises and specific treatises in the area of municipal law; Minnesota Rules of ' Court; Federal Rules of Court; McQuillin Law of Municipal; Minnesota Civil Practice Series; West Legal Forms; Anderson UCC; UCC Pleading and Practice Forms; Bankruptcy Code Rules and Forms; Martindale Hubbell; and many miscellaneous ' publications. Further, the firm is located next to the Hennepin County Government Center which contains an extensive law library. ' G. SUPPORT STAFF. The firm's support personnel include an Office Manager/Finance Manager, a ' Receptionist/Legal Assistant, four Legal Assistants, and an Administrative Assistant. All of the firm's Legal Assistants are qualified Paralegals. t Vicki Hansen who was previously the primary Legal Assistant for the prosecution department of the firm will serve in this capacity. Ms. Hansen graduated from Minnesota School of Business with a Legal Secretarial Certificate and from the Minnesota Paralegal ' Institute with a Paralegal Degree. Ms. Hansen has over 15 years of Legal Assistant experience. She coordinated records requests, witness and officer scheduling, and also provided clerical support to the prosecutors. 4 1 I H. RELATED SERVICES. I In addition to day to day prosecution services, the firm has provided and will continue to provide training for police department personnel in a wide variety of law enforcement areas. The firm will provide training as to new developments in the law, I best practices in the area of case preparation and testimony, and any other areas the city wishes to pursue. We will provide regular updates as to changes in the law and important case decisions. Additionally, our long history of representation of municipalities ensures I that we are able to provide advice to city staff on issues such as code enforcement and nuisance abatement with, as always, an eye to enhancing the public safety of the community. II. MUNICIPAL LEGAL SERVICE EXPERIENCE. I Gregerson, Rosow, Johnson &Nilan, Ltd. has represented municipal governments since 1978, beginning with our representation of the City of Eden Prairie. We served as the prosecutor for the City of Eden Prairie from 1978 to 2009. We have been City IAttorney for Eden Prairie since 1978. Since 1986, we have represented both Southwest Transit and the City of Delano. We have represented the City of Savage since 2004. We were appointed as City Attorney for Prior Lake starting in June, 2012. We also represent Ithe Housing and Redevelopment Authority in and for the City of Eden Prairie,the Delano Economic Development Authority, Savage Economic Development Authority and the I Delano Water, Light, and Power Commission. In our representation of these entities, we provide municipal legal services on an everyday basis. ICONTACTS. City of Eden Prairie: City of Prior Lake IRick Getschow Frank Boyles City Manager City Manager I 8080 Mitchell Road 4646 Dakota Street SE Eden Prairie, MN 55344 Prior Lake, MN 55372 Phone: (612) 949-8410 (952)447-9800 ISouthwest Transit: City of Savage: I Mr. Len Simich CEO Barry Stock City Administrator 13500 Technology Drive 6000 McColl Drive I Eden Prairie, MN 55344 Savage, MN 55378 Phone: (952) 974-3107 Phone: (952) 882-2646 I I S 1 ' City of Delano: ' Phil Kern Administrator 234 Second Avenue North ' PO Box 108 Delano, MN 55328 Phone: (763)972-0565 tJ. PRESENT OR CURRENT SERVICES FOR EDEN PRAIRIE. ' See B and I above. K. POTENTIAL CONFLICTS OF INTEREST. ' We are aware of no conflicts that may affect our ability to serve as the City of Eden Prairie's prosecuting attorney. Any conflicts which may arise with respect to particular defendants are immediately transferred to other experienced prosecutors, who assume representation as Special Assistant City Attorney for the City of Eden Prairie. L. COMPENSATION SCHEDULE. I propose a flat fee of$225,000 per year plus reimbursement of actual expenses as ' set forth below. The fee would increase each year of the contract in the same percentage as the total wages and benefits increase for City employees. In 2009 we proposed a flat ' fee of$240,000 plus expenses. The cost was driven by the cost of wages and benefits for personnel, primarily the lead prosecutor. Based upon the fee proposed, I believe we can retain through the joint interview and selection process described earlier an experienced ' and qualified lead prosecutor. We have a long term relationship with the City which we highly value. The City has placed its trust in us for many years. I believe that trust is the result of providing the highest quality representation possible. If re-selected as tprosecutor we will continue to provide that level of representation. The firm's expense reimbursement processes operate on an actual expense basis. ' Actual expenses incurred as a necessary part of the client's representation will be billed to the client, with a clear and specific explanation of that expense. Those expenses include copies, long distance phone calls and facsimiles, printing of appellate briefs and some delivery and special mail services. 1 6 M. FINANCIAL REPORT. ' See attached Financial Report of Gregerson, Rosow, Johnson & Nilan, Ltd. (Attachment 8). 1 Submitted by, ' GREGERSON, ROSOW, JOHNSON & NILAN, LTD. 1 By 0 ' hard F. R sow 1 1 1 1 1 1 1 7 1 1 ' FIRM PROFILE The Law Offices of Gregerson, Rosow, Johnson&Nilan, Ltd. provide sound legal advice ' and representation to individual, business, insurance, and municipal clients throughout the State of Minnesota in a wide variety of areas, including: ' • Business Planning and Practice • Business and Commercial Litigation • Commercial and Residential Real Estate ' • Construction Law • Creditors Rights, Insolvency, and Bankruptcy • Employment Law Counseling ' • Employment Law Litigation • Environmental Law • Estate Planning ' • Estate, Probate, and Trust Administration • Fidelity and Surety • Insurance Law ' • Litigation and Appeals • Mediation and Arbitration 1 • Municipal Law Gregerson, Rosow, Johnson & Nilan, Ltd. dates its inception back to the mid-1950s, ' when Robert Lang formed a partnership with Daniel Fiedt. Roger Pauly joined them in 1961, and upon Mr. Fiedts retirement, the firm was renamed Lang and Pauly. In 1978, the firm was renamed Lang, Pauly & Gregerson, Ltd. The firms name was changed in 1996 ' to Lang, Pauly, Gregerson Sc. Rosow, Ltd., and to its current designation in April, 2002. Gregerson, Rosow, Johnson & Nilan, Ltd. is dedicated to providing the highest quality ' legal representation while recognizing the need for a practical, cost-effective approach to litigation as well. Our objective is to be large enough to meet the diverse needs of our individual, business, insurance, and municipal clients, yet small enough to provide ' practical solutions tailored to the specific needs and goals of our clients in a timely and efficient manner. Firm attorneys stress a balance of aggressive representation with a recognition of the bottom line. Toward that end, we routinely settle legal disputes by ' means other than traditional litigation, including non-binding mediation, binding arbitration, and early neutral evaluation proceedings. When early resolution is not feasible or contrary to the interests of our clients, we are prepared to aggressively litigate ' cases through trial and appeal. We understand the business world and offer practical solutions to our clients by applying the right combination of creativity, innovation, and commitment. We also strive to spot legal predicaments before they arise, and work with our clients to avoid litigation whenever possible. 111 J RICHARD F. ROSOW ' 650 Third Avenue South Suite 1600 Minneapolis, MN 55402 ' Telephone: (612) 436-7477 Facsimile: (612) 349-6718 rrosow(&,,grin.com Education: University of Minnesota(B.A., 1969); College of St. Thomas (M.A., 1971); ' University of North Dakota(J.D., with distinction, 1976). Phi Delta Phi; Order of the Coi f. Professional: Admitted to bar: 1976, Minnesota; 1977, Michigan; 1978, U.S. District Court, District of Minnesota. Past Chair, Minnesota State Bar Association Environmental and Natural Resource Section; Past Chair, Minnesota State Bar Association ADR ' Section. Past Treasurer, Minnesota Chapter of the Society of Professionals in Dispute Resolution. Member American Bar Association: State and Local Government Law; Environment, Energy and Resources; Public Utility, Commission and Transaction; and Real Property, Trust and Estate Law. Member Minnesota State Bar Association: Public Law and Real Property; Alternative Dispute Resolution; Environmental and Natural Resources. Experience: Gregerson, Rosow,Johnson & Nilan, Ltd. — Minneapolis, Minnesota t Shareholder, 1993 to present Associate, 1978-1983 Travis, Warren,Mayer& Burgoyne—Detroit, Michigan Associate 1977-1978 ' Practice Focus: My practice focus is in the areas of municipal law, real estate (including environmental law) and alternative dispute resolution. I have 34 years of experience in representing cities and units of local government in all aspects of local government law, including planning and development, land use, public improvement projects and activities, finance, park and recreation matters, land acquisition, facility construction, franchising, contracting, employment and personnel, and litigation (including contract, ' land development and construction disputes). My experience in municipal law also includes representing and advising on a wide array of personnel and employments issues, including hiring, discipline, and termination. I am certified by the Minnesota State Bar Association as a Certified Real Property Specialist. My experience in real estate includes representing parties in commercial and industrial real estate transactions, environmental law issues, development of property for residential, commercial and industrial purposes, and serving as a mediator of real estate and local government disputes. Primary Municipal Practice: City Attorney—City of Eden Prairie: Assistant and Lead Attorney 1978-Present City Attorney—City of Savage: Lead Attorney 2004-Present City Attorney—City of Prior Lake: Lead Attorney 7/2012-Present General Counsel —SouthWest Transit: Lead Attorney 1993-Present Reported Cases: United Fire & Cas. Co. v. Fidelity Title Ins. Co., 258 F.3d 714, C.A.8 (Minn.), 2001; Preserve Ass'n v. City of Eden Prairie, 421 N.W.2d 419, (Minn. App., Apr. 5, 1988); Benchmark Crafters, Inc. v. Northwestern Nat. Ins. Co. of Milwaukee, 363 N.W.2d 89 (Minn. App. 1985); St. Paul Fire and Marine Ins. Co. v. Steeple Jac, Inc., 352 N.W.2d 107 (Minn. App., July 31, 1984). Lecturer: "Basics in Environmental Law," Minnesota State Bar Association, April 2005 "Moderator: Legal Foundations for Community Growth and Change," 2000; and "ADR Practice Management," 2000 "Environmental Issues in Property Development," National Business Institute, 1994 "Practical Strategies and Tactics in Major Permit Cases," Hennepin County Bar Association, 1991 "Environmental Law in the 1990's," Minnesota State Bar Association, 1990 MARK J. JOHNSON 650 Third Avenue South Suite 1600 Minneapolis, MN 55402 ' Telephone: (612) 436-7471 Facsimile: (612) 349-6718 mjohnsonc grjn.com ' Education: B.A., Concordia College, 1976, JD., University of Minnesota, cum laude, 1981 ' Professional: Admitted to the Minnesota State Bar Association, 1981; District of Minnesota; 1981; U.S. Court of Appeals — 8th and 9th Circuits; Wisconsin State Bar, 2010; North Dakota State Bar, 2011; United States Supreme Court ' Experience: Gregerson, Rosow, Johnson & Nilan, Ltd. —Minneapolis, Minnesota ' Shareholder, 1987 to present Associate, 1981 to 1986 ' Practice Focus: My practice is in the areas of fidelity law, directors & officers' liability insurance, construction litigation and mechanic's liens, municipal law, and commercial litigation. I represent fidelity insurers and directors and officers' liability insurers on ' coverage issues, coverage litigation, and other matters arising from fidelity insurance policies, financial institution bonds, and directors & officers' liability policies. I also represent contractors, subcontractors, and suppliers in mechanic's lien and other ' construction litigation, including surety performance and payment bond issues, and associated insurance coverage issues. Municipal Practice: City Attorney—City of Delano from 1988 to present ' I have performed a variety of municipal tasks for the City of Eden Prairie, City of Delano, City of Savage, Delano Economic Development Authority, Delano Water, Light & Power ' Commission, the Pine River Area Sanitary District, and the Southwest Metro Transit Commission. Presently, 1 act as primary City Attorney with the City of Delano. I have appeared as legal advisor at meetings of all the above entities. I have extensive experience in ' land use law, ordinance interpretation and drafting, municipal litigation, human resources issues, municipal finance, and building department concerns. Specifically, I have litigated annexation, nuisance, and other civil disputes related to municipal representation. I have ' extensively rewritten the Delano City Code and advised on personnel policies and comprehensive plan issues in several of the cities we represent. In addition, I have negotiated labor contracts, development agreements, and resolved disputes between the public entities we represent and the State of Minnesota. Finally, I have drafted numerous contracts for City 1 infrastructure, improvements, includingnew sanitarysewer and water improvements, street p p ' projects and municipal buildings. Reported Cases: Bank of Bozeman et al. v. BancInsure, Inc., 404 Fed. Appx. 117 (9th ' Cir. 2010); BancInsure, Inc. v. Marshall Bank, N.A., 453 F. 3d 1073, 1076 (8th Cir. 2006); Shaw Acquisition Co. v. Bank of Elk River, 639 N.W. 2d 873 (Minn. 2002); Maitland v. University of Minnesota, 260 F. 3d 959 (8th Cir. 2001); Edward Kraemer & ' Sons, Inc. v. Ashbach Construction Co., 608 N.W. 2d 559 (Minn. App. 2000); Har-Ned Lumber Co. v. Amagineers, Inc., 436 N.W. 2d 811 (Minn. App. 1989); State, City of Eden Prairie v. Liepke, 403 N.W. 2d 252 (Minn. App. 1987); Kulkay v. Allied Cent. Stores, Inc., 398 N.W. 2d 573 (Minn. App. 1986). Publications and Presentations: I am a regular speaker and author for national fidelity and directors & officer's liability conferences, including the following: Securities Fraud, the Financial Institution Bond, and Directors & Officers' Liability ' Policies, author and presenter, 2011 American Bar Association Fidelity, Surety and Law Committee Midwinter Program,New York City. ' Dishonesty and the Policy: Insuring Agreement (A) of the Financial Institution Bond, program presenter, 2010, American Bar Association Fidelity and Surety Law Committee, San Francisco. ' In Search of the D&O Policy's Disappearing Fraud Exclusion, author and presenter, 2011, American Bar Association Fall Fidelity Meeting, Nashville. 1 1 1 1 1 1 1 1 1 1 JOSEPH A. NILAN ' 650 Third Avenue South Suite 1600 Minneapolis, MN 55402 ' Telephone: (612) 436-7470 Facsimile: (612) 349-6718 jnilan(a grjn.com Education: B.A., St. John's University, summa cum laude, 1977; J.D., University of Minnesota, cum laude, 1980 Professional: Admitted to the Minnesota State Bar Association, 1980; Hennepin County ' Bar Association, 1980; Federal Bar Association, 1980; U.S. District Court, District of Minnesota, 1980; American Bar Association, 1981; U.S. Court of Appeals, 8th Circuit, 1989; U.S. Supreme Court, 1992; Wisconsin State Bar, 1995; U.S. Tax Court, 1995; U.S. ' District Court, Western District of Wisconsin, 1998; U.S. Court of Appeals, 7th Circuit 2004; U.S. Court of Appeals, 6th Circuit, 2005; North Dakota State Bar, 2006; U.S. District Court, District of North Dakota, 2006; U.S. District Court, District of Montana, ' 2008; U.S. Court of Appeals, 9th Circuit, 2010; U.S. District Court, Eastern District of Wisconsin, 2010 ' Experience: Gregerson, Rosow, Johnson & Nilan, Ltd.—Minneapolis, Minnesota Shareholder, 1998 to present Associate, 1982-1988 Marker & Associates—Minneapolis, Minnesota Associate 1980-1982 Practice Focus: My practice is predominantly in the litigation area including civil litigation, commercial litigation and appellate advocacy. In addition, I have considerable experience in representing small businesses. I also have experience in eminent domain hearings, annexations and appeals. Reported Cases: Cretex Companies, Inc. v. Construction Leaders, 352 N.W.2d 135 (Minn. 1984); Dorenkemper v. City of Eden Prairie, N.W.2d 546 (Minn.App., 1986); In re Strom, 97 B.R. 532 (Bkrtcy.D.Minn., 1989); Hart Forms & Systems, Inc. v. Goettsch, 1990 WL 195473, (Minn.App. Dec 11, 1990); In re Olson, 916 F.2d 481, (8th Cir. (Minn.) Oct 17, 1990); Solberg v. Inline Corp, 740 F.Supp. 680, (D.Minn. Jun 29, 1990); ' In re Strom, 921 F.2d 836, (8th Cir. (Minn.) Jan 04, 1991); U.S. v. Tri-State Ins. Co. of Minnesota, 945 F.2d 581, (8th Cir.(Minn.) Oct 07, 1991; U.S. v. Tri-State Ins. Co. of Minnesota, 946 F.2d 581 (C.A.8, 1991); Brooks v. Doherty, Rumble & Butler, 481 ' N.W.2d 120, (Minn.App. Feb 18, 1992); Employers Reinsurance Corp. v. United Fire and Cas. Co., 1992 WL 55010, (Minn.App.; Mar 24, 1992); Southtown Plumbing, Inc. v. Har-Ned Lumber Co., Inc., 493 N.W.2d 137, (Minn.App. Dec 08, 1992); Villareal v. Cantebury Lanes of Shakopee, Inc. 1995 WL 165720, (Minn.App. Apr 11, 1995); City of Delano v. Otto Associates, 1996 WL 70097, (Minn.App. Feb 20, 1996); In re Marriage of Wines, 1997 WL 536954, (Minn.App. Sep 02, 1997); Reiter v. Honeywell, Inc., 104 F.3d 1071 (8th Cir. (Minn) Jan 16, 1997); Ringier America, Inc. v. Land O'Lakes, Inc,, 106 F.3d 825 (8th Cir. (Minn.) Feb 07, 1997); American Parkinson Disease Ass'n, Inc. v. First Nat. Bank of Northfield, 584 N.W.2d 437 (Minn.App. Oct 06, 1998); Hein v. Precision Associates, Inc., 609 N.W.2d 916, (Minn.App. May 9, 2000); RPC Properties, Inc. v. Leighton & Crabtree, 2000 WL 343214 (Minn.App. Apr 04, 2000); BancInsure, Inc. v. BNC Nat, Bank, N.A. 263 F.3d 766, (8th Cir.(N.D.) Aug 16, 2001); City of Delano v. Abene, 2001 WL 1570961 (Minn.App. Dec 11, 2001); First Nat. Bank of Fulda, Minnesota v. BancInsure, Inc., 2001 WL 1663872, (D.Minn. Dec 21, 2001); Maitland v. University of Minnesota, 260 F.3d 959 (8th Cir. (Minn.) Aug 15, 2001); Capitol Indem. Corp. v. Especially for Children, Inc, 2002 WL 31002849, (D.Minn. Aug 29, 2002); West Bend Mut. Ins. Co. v. American Legion, Dept. of Minnesota, 2003 WL 22881560, (D.Minn. Dec 01, 2003); McNulty Const. Co. v. City of Deephaven, 2004 WL 78046, (Minn.App. Jan 20, 2004); Mon-Ray, Inc. v. Granite Re, Inc., 677 N.W.2d 434, (Minn.App. Apr 07, 2004); American Business Forms, Inc. v. Rass Trading Corp., 2006 WL 3491163, (Minn.App. Dec 05 2006); Curtis 1000, Inc. v. Martin, 2006 WL 2981305, (M.D.Tenn. Oct 16, 2006); Larson v. Martin, 2006 WL 3437602, (D.N.D. Nov 28, 2006); McNulty Const. Co. v. City of Deephaven, 2006 WL 1738171, (Minn.App. Jun 27, 2006); West Bend Mut. Ins. Co. v. Prairie Senior Cottages, LLC, 2006 WL 777204, (D.Minn. Mar 27, 2006); Larson v, Granite Re. Inc., 532 F.3d 724, (8th Cir. (N.D.) Jul 07, 2008); Capitol Indem. Corp. v. Wonder Years Pre-School, Inc., 2009 WL 57044, (D.Minn. Jan. 07, 2009); Noack v. Colson Const., Inc., 2009 WL 305114 (Minn.App. Feb 10, 2009); Czech v. Little Falls Area Chamber of Commerce, 2010 WL 3396989, (Minn.App. Aug 31, 2010); McNulty Const. Co. v. City of Deephaven, 2010 WL 2899142 (Minn.App. Jul. 27, 2010); Bank of Bozeman v. BancInsure, Inc., 404 Fed.Appx. 117, 2010 U.S.App. LEXIS 24035 (9th Cir. 2010) I MATTHEW J. NELSON I 650 Third Avenue South Suite 1600 Minneapolis, MN 55402 I Telephone: (612) 436-7478 Facsimile: (612) 349-6718 Imnelson(&,grj n.com Education: Saint John's University (B.A., 2006); University of Saint Thomas School of I Law(J.D., Magna Cum Laude, 2010). Professional: Admitted to bar: 2010, Minnesota; 2012, U.S. District Court for the 1 District of Minnesota, Associations: Minnesota State Bar Association; Hennepin County Bar Association; and American Bar Association. I Experience: Gregerson, Rosow, Johnson & Nilan, Ltd. - Minneapolis, Minnesota Associate, 2010-Present. Conduct legal research on a variety of procedural and substantive issues relating to surety, municipal, business, and insurance defense law. Develop case strategies, themes, witness examinations and outlines in preparation for litigation. Attend and participate in I client meetings, various court proceedings, mediations, and depositions. Felhaber, Larson, Fenlon, and Vogt, P.A. - Minneapolis, Minnesota I Law Clerk, May 2009-August 2009 Drafted complaints, answers, motions to dismiss, affidavits, discovery, memoranda of law. Conducted legal research on issues regarding employment law, labor law, real estate I law, probate law, bankruptcy law, and white collar criminal defense. Observed client meetings, various court proceedings, arbitrations, and depositions. I The Legal Rights Center-Minneapolis, Minnesota Law Clerk, May 2008-August 2008 Assisted with trial preparation by providing legal research, and investigative assistance I (contacted witnesses, viewed evidence, watched interrogation and police videos). Represented clients in court as a certified student attorney. Observed client interviews, negotiations, evidentiary hearings, pleas, and sentencing. I I I 1 EMERIC J. DWYER I 650 Third Avenue South Suite 1600 Minneapolis, MN 55402 I Telephone: (612) 436-7487 Facsimile: (612) 349-6718 Iedwyer(a,grjn.com Education: Drake University (B.A., 2005); Queen Mary University, London, England I (Certificate, 2006); Hamline University School of Law (J.D., Cum Laude, 2008). Professional: Admitted to bar: 2008, Minnesota; 2009, U.S. District Court for the I District of Minnesota. Associations: Minnesota State Bar Association; Hennepin County Bar Association; and American Bar Association. I Experience: Gregerson, Rosow, Johnson & Nilan, Ltd. -Minneapolis, Minnesota Associate Attorney, 2012-Present. I Maintain a diverse practice encompassing multiple areas of law, including surety and bond matters, commercial transactions and litigation, general business management, employment matters, intellectual property protection, and municipal law matters. Initiate, defend against I and manage litigation in multiple matters throughout the United States, including orchestrating complex commercial litigation. Draft litigation documents at all stages of proceedings, including memorandum and briefs for summary judgment and trial documents. I Appear on behalf of clients and obtained favorable results at multi-day trials, summary judgment hearings, and other court proceedings. Research substantive points of law from multiple jurisdictions to create comprehensive analysis and advice for clients on a wide range I of issues. Prepare and compile discovery for complex commercial litigation, including conduct and defending depositions. Mansfield, Tanick& Cohen,P.A.—Minneapolis,Minnesota ' Associate Attorney, 2009-2012. Practiced in multiple areas of litigation and transaction law, including real estate, commercial matters, intellectual property, and employment litigation. Conducted all stages of litigation in I multiple matters, including trial and appeals to the Minnesota Court of Appeals. Represented clients in administrative proceedings and trials, agency investigations, arbitration proceedings, and mediations, including obtaining one of the highest MDHR settlements on I record. Advised corporate and non-profit clients on business and employment matters, including best practices used for internal governance and drafting of employee handbooks. Met with clients and managed client relations on matters from initial consultation through I case conclusion. I I I I I Westrick& McDowall-Nix,P.L.L.P.—St. Paul,Minnesota I Associate Attorney, 2008-2009. Maintained a general practice, with particular focus in the areas of real estate law, commercial law, criminal law and family law. Appeared in court for motion hearings and Itrials, including a criminal homicide trial and substantial real estate cases. Drafted appeal forms and appeal briefs to the Minnesota Court of Appeals and the Minnesota Supreme Court following civil and criminal trials. Submitted court documents in litigation and criminal I matters, including complex discovery responses. Law Clerk, 2007-2008. I Researched legal issues and prepared memoranda on multiple issues of law pertaining to litigation matters. Draft court documents in cooperation with firm partners in numerous cases Assisted firm partners with legal agenda and make court appearances as needed. I I I I I I 11 I I I I I Sarah E. Schwarzhoff I 650 Third Avenue South Suite 1600 Minneapolis, MN 55402 I Telephone: (612) 436-7472 Facsimile: (612) 349-6718 IsschwarzhofWgrin.com Education: Drake University (B.A., Magna Cum Laude, 2005); University of Minnesota Law ISchool (J.D., Magna Cum Laude, 2008). Professional: Admitted to Minnesota Bar: 2008;Associations: Minnesota State Bar Association; IHennepin County Bar Association. Experience: I Gregerson, Rosow, Johnson & Nilan, Ltd. - Minneapolis, MN Associate Attorney, April 2012-Present. Practice in municipal law representing Cities. Attend City Council meetings to provide I assistance and advice to clients. Draft and review ordinances, contracts and agreements relating to municipal law matters. Research and prepare memoranda on various municipal matters. I Couri & Ruppe, P.L.L.P. - St. Michael, MN Associate Attorney, August 2008 — February 2012 Maintained a municipal law practice representing both Cities and Townships. Attended City I Council and Town Board meetings. Assisted with litigation on municipal matters. Drafted ordinances and contracts for Cities and Townships. Researched and drafted memoranda on municipal matters. Drafted litigation documents and appellate briefs in municipal matters. IHennepin County Attorney's Office, Adult Services Division - Minneapolis, MN Law Clerk, October 2006 —June 2008 I Drafted petitions to the District Court and reviewed records for the mental health division in civil commitment matters. Researched and drafted memorandum for legal issues related to civil commitment matters. Drafted appellate briefs to the Minnesota Court of Appeals. Observed Iseveral trials. The Hon. Margaret Daly, 4th Judicial District - Minneapolis, MN IJudicial Externship, Summer 2006 Participated in a judicial externship program with Judge Daly who was assigned to the Felony Block in Hennepin County. Researched matters related to felony trials and drafted related orders Iand memoranda of law. Observed felony proceedings in chambers and in the courtroom. Honsa & Michales P.A. - Minneapolis, MN IIntern/Law Clerk (Summers 2004, 2005 and 2006) Assisted attorneys in family law matters. Researched related legal issues and drafted documents Iand motions. Assisted with research and drafting for an appellate brief. I I I I FINANCIAL REPORT OF I GREGERSON, ROSOW, JOHNSON & NILAN, LTD. I I I FINANCIAL REPORT ATTACHED SEPARATELY. CITY COUNCIL AGENDA DATE: SECTION: Report of the Public Works Director November 20, 2012 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.E.1. Robert Ellis/Public Works Report on Policy for Management of Nuisance Drainage Issues on Private Property Requested Action No action required Synopsis Currently, there is no form al policy to guide City pers onnel involved with managing disputes caused by storm water runoff on private pr operty. The lack of a policy makes it difficult for st aff to distinguish when the matter is a public issue versus a private issue. It is proposed that a policy should be developed that clearly defines the City's role and responsibility in managing these affairs. Background Information Each year, the City of Eden Prairie invests a significant amount of resources towards resolving drainage nuisances on private property. These issues are generally the result of one land owner being displeased with another land owner's runoff being conveyed on or across their property. Common causes include landscaping work, retaining wall installation, down spout location, sum p pump discharge and fence installations. It is proposed that when runoff generating the com plaint originates from with in City property, public right-of-way or waters of the state, then the City should play an active role in resolving the m atter. Likewise, when the complaint is the result of the functioning of the public drainage system , the City should play an active role in resolving the matter. An active role is defined as either ordering others to make improvements at their cost or causing them to be made at the City's expense. Conversely, if runoff generating th e complaint originates primarily from private property, and is not being routed through a public drainage system at the point of the nuisance, then the City should act in a facilitating role. A facilitating role is defined as one in which the City participa tes in a dis cussion amongst property owners in an effort to help them recognize the issue, its cause and possible solutions. If facilitation is not working to resolve the issue, private property owners may need to pursue a private remedy such as through private mediation, arbitration or civil litigation. Financial Implications None Attachments None