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City Council - 11/19/2013
AGENDA CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY,NOVEMBER 19, 2013 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 I. UTILITY OPERATIONS (5:30-6:00 p.m.) II. BEE KEEPING ORDINANCE (6:15-6:30 p.m.) Open Podium - Council Chamber III. OPEN PODIUM A. Friends of Red Rock Lake Association IV. ADJOURNMENT Air 9 gi• 0-.1 ita& ..—•Fnmmmmmmm\. City of Eden Prairie Utility Rate Study * " F City Council HE2s November 19, 2013 Think Big. Go Beyond. OBJECTIVES • Review Water Utility Revenue Requirements — Current 2013 Rates — Utility Overview • Determine Irrigation Cost of Service • Evaluate Water Utility Rate Structure Alternatives — Fixed (Meter Charge) — Volumetric • Prepare a 10-year Revenue Adequacy Evaluation Model and Develop Rate Adjustment ProjectionsC°.<> — Water — Sanitary Sewer — Storm Drainage EDEN PRAIRIE UTILITY RATES MyCuSloroef 1401 Wefnul SL vicksDutg,MS 39180 111dd61i11d6ddiddiu1IIIi6J6111Id11dJl ���� �� �� �� ���� 2013 UTILITY BILL Average (18,000 gal/Quarter) Residential WATER $46.50 le Quarterly SEWER $59. 10 Bill STORM $7.00 TOTAL $112.60 WATER UTILITY RATES • Operation, Maintenance, and Refurbishment/Replacement of: ; ., . ,� � — 15 Deep Wells •'f: — 28 MGD WTF (lime-softening) — 3 Water Towers (ranging from 1 to 2 MG) .— e-260 miles of water main . - '` � • Regulatory Compliance • Meter Reading and Invoicing • Customer Service and Administration (19,000 accounts) SEWER UTILITY RATES • Operation, Maintenance, and Refurbishment/Replacement of: — 21 Wastewater lift stations — ^'270 miles of sewer pipelines \ ,::::::=0 - WW fees paid to MCES for transport and treatment i..'FL (r $3.5M in 2014) T : - • Regulatory Compliance _._, ,,. ,, _ i, ----_--- ,0 _____ _ = = s, ..,____,_, • Customer Service and _ i§ Administration R - ift�k STORM DRAINAGE UTILITY RATES • Operation, Maintenance, and Refurbishment/Replacement of: — 5 storm water lift stations — —172 miles of pipelines — 913 storm water retention bodies (constructed ponds, wetlands, lakes, BMP facilities) • System Growth -� • Regulatory Compliance — Water Quality Studies /Monitoring /Assessments — Water Quality Improvement Projects — Water Quality Management Programs — Educations Programs • Customer Service and Administration MINNEAPOLIS/ST. PAUL METRO AREA Maple Grove,MN $28.43 •Water White Bear Lake,MN $31.21 Eagan,MN�� $32.10 ■Wastewater Cottage Grove,MN $33.48 k Stormwater Brooklyn Park,MN $33.53 II New Brighton,MN $35.90 I TINE 2013 Mounds View,MN $36.33 Minnetonka,MN $36.40 2013 Annual North Central Oakdale,MN $37.36 UtilityRate Survey IEden Prairie,MN $37.53 I : Spring Lake Park,MN $38.32 . _ r Apple Valley,MN $38.60 0 w'. r - • Plymouth,MN $39.65 -Lo - - Ramsey,MN�= $40.501119111 - ` _ �� Fridley,MN�■ $40.97 - =.� �a�a���= Hopkins,MN�4 $41.05 - 'IL- Farmington,MN- $41.30 - - 111.kb 4� _ C] Inver Grove Heights,MN�M $41.34 -- := ' - ar` 7-�r Richfield,MN $45.93 __- - 2-f- v _ _ -' �s �� - - .. -�� St Louis Park,MN $47.83 - .� _ `BM. ` Edina,MN $48.70 maw Z-‘... 10:° Fti Prior Lake,MN $50.44 - F 38.54 7 Forest Lake,MN $52.56 - -3 1 93-89 127�r 4 Columbia Heights,MN $53.57 - f�8 ® $54.61 -� 72.52 ,.- -2. Victoria,MN -3�� :- Falcon Heights,MN $55.60 -- 8•74 /2 0 _3•j s. 5 ,__ Robbinsdale,MN $56.56 ti 7.38 21 Mahtomedi,MN-E $60.88 LI _6•�'-' West St. Paul,MN $61.53 ---.�.3 1 /0 _�. ' North St Paul,MN $62.66 iA , Waconia,MN I$66.52 ,.NEXUS OE P.R Minneapolis,MN $68.92 '"'`" New Hope,MN $69.90 Mound,MN $81.93 j $0.00 $24.00 $48.00 $72.00 $96.00 $120.00 COST OF SERVICE ANALYSIS ( COSA) Purpose: Assign costs to cost causative elements Steps: Functionalization Classification Allocation COSA RESULTS Cost Percentage Revenue Percentage IRRIGATION IRRIGATION $3,077,054 $3,225,919 45.95% REGULAR USE Regular Use $3,619,978 47.30/ $3,600,541 54.05% 52.70% I No Recommended Adjustments ■ through Rate Design REVENUE ADEQUACY AND PROPOSED RATE ADJUSTMENTS Financial Models : — Expenses: • Operations and Maintenance Budget • Capital Improvement Projects • Debt Service Obligations ry Q — Revenue i) • Rate Revenue ,' ryh„0 • • WAC / SAC 1/ * • Other — "Savings" ,, 1,1 • Reserve Funding o 4. 0 `� * Utility Cash Balance(s) �� �� 3z� 06 RESERVES Operating v Bond Reserve ., ,,, , _ — Equal to Following ) , % „......: ,,4, K Years Payment ' �� I �� v � 3 Capital Reserve Fund 1 {/ • � r„ 1 , — Water and Sewer: 2 Years ` — Storm Drainage: 1 Year . . REVENUE ASSUMPTIONS Meter Growth = 0.25% annually Flow Growth = 0% annually Irrigation Only Meters = 0% WAC/SAC Growth Factor= 0.65% 1- FINANCIAL PROJECTIONS Baseline q.„,w Roman — "Do Nothing" Rate Adjustment75 — Self-Sustaining :0/ — Reinvestment =_ T — Reserve Funds — Conservation Focus Sufficient Revenue for Long-Term Vision WATER UTILITY RATE DESIGN Meter Charge Evaluation Rate Adjustments Scenarios — Current Structure (5-Tier) "Conservation" Structure 4 rQ — Modified 5-Tier Structure q � - cam ,% c3 u , O S A H U O 1 • + O n O O O Ft L R p p •> 2 ,0E 288 p p 4 b /OGr�/4 . 1PN . /' \` f RATE DESIGN FIXED CHARGE 1- "Repair and Operating Charge" — Current (2013) - $4.10 — Previously Proposed (2014) - $5. 10 Proposed "Base Charge" — Title Consistent with Neighboring Cities — Proposed (2014) - $4.22 (2013 + 3%) — Generates Sufficient Revenue to Cover "Administrative" Expenses ("$1.2M ) — Supports Conservation Approach SCENARIO DESCRIPTION Three Scenarios • Scenario 1 — Current Structure: maintain current 5-Tier rate residential/irrigation rate structure • Scenario 2 — Conservation Structure: institute a 4-Tier structure equally distributing accounts by 4th quarter usage • Scenario 3 — Modified 5-Tier Structure: institute a 5-Tier structure with a smaller first tier to recognize conservation Constant "Base Charge" for all Scenarios • $4.22/month (2013 + 3%) RATE SCENARIO 3 r1LIIMES • Maintains 5-tier structure • Promotes improved distribution between tiers • New 5-tier structure trending toward "conservation" Flow Range Percent of 4th (kgal/quarter) Quarter Accounts 2013 2014 2013 2014 Tier 1 0-36 0-24 61% 49% Tier 2 36-48 25-40 8% 15% Tier 3 49-60 41-60 7% 12% Tier 4 61-78 61-90 8% 12% Tier 5 78+ 90+ 16% 11% RATE SCENARIO 3 . S Recommended 2014 Rates Base Charge $/mo WAC Pr "11111.11 2013 2014 2013 2014 Residential $4.10 r$2,590 $2,670 [Commercial/Other $4.90 $5.05 $3,380 $3,480 Residential Volumetric Irrigation Commercial / Apartments Rate ($/kgal) Volumetric Rate Volumetric Rate ($/kgal) ($/kgal) li 2013 ! ARM 0134111WI4 2013 MI 2014 Tier 1 $1.90 $1.90 $2.90 $2.50 1 Tier 2 $2.90 $2.50 1111 $3.40 $3.45 Tier 3 $3.40 $3.45J $3.9 k $4.25 $1.90 $1.95 Tier 4 $3.90 $4.25U_.40 $4.60 Tier 5 $4.40 $4.6011 RESIDENTIAL RATE INCREASE (%) COMPARED TO 2013 RATES 9.00% .00% 7.00% Pl\---------- _ Ell 6.001 — CO CIJ 61 5.00% c qa 4.00 CIJ61 a 3.00% 2.00% 1.00% 0.00% 6iimmunimmiumnimmunimmiummiumminummiumminnummummmommiummininimminimmilumminuniumminunumunimiumunimminummiimmiummimmumminiummium - q omW ir,1Lr, oa - h. omDrnr1Lnoo .1n0mDo r.ILnoa nom ri IN 4D m O ri m le vn r, co rn O rw m 4 r co O %i rw m 1-n L.0 h. 67 0 ri m I' rl rl rl rl rl rl rl rl N 1-,4 r.4 rs.1 N 1-,4 r MMMMMMMM t• t• Billed Water Usage (kgal) RATE SCENAR 03 Fl RATE ADJ TMENTS .. . .. ye.. - _, ' ro ected Future Rate In il ; 1 ._. _ 2015 2016 2017 2018 2019 2020 2021 2022 2023 Base Charge 111111 3.0% (inflation) __ Volumetric 3.0% 4.0% 4.0% 4.0% 3.0% 3.0% 3.0% 3.0% 3.0941 WAC 3.0% (inflation) 9 �-. <— ._____-, _ . N i,,,, 4116 • • 1111 ' �, .C: ` +'` 0 .AID �+ op - scELNARio 3 _ SUMMARY Total Water Utility Cash Balance Rate Design Scenario - Modified 5-Tier Structure $12,000,000 - - - 4% • $10,000,000 00 t • li ICI -- 3% $8,000,000 I I _ Lir $6,000,000 I - 2% $4,000,000 I I I I $2,000,000 - / um, 1% I $- b a I �� I I m• $(2,000,000) - - 0% rb �O �0 el/0 �O �O �O ,LO �Or1' �O0' �O�� �O�� Operating Reserve($) o Capital Reserve ($) WAC Reserve($) I I Bond Reserve($) Operating Reserve Target($) Capital Reserve Target($) Average Residential Rate Change (%) ANIT4 SR UTILITY SEWER UTII STY REVENUE ADEQUACY MODEL Base Year Data and Flow Projections • Pro-forma flows estimates: I • 2013 Jan-Jun (Actual) • Jul-Dec estimated using average of 2011 and 2012 • Flows held constant moving forward (no flow increase)I ► • Similar to conservative approach for the Water Utility O&M Expense Projections I • 2014 Budget year • Indexed annual adjustments (approx. 3% annually) J�' - RATE PROJE " T1ONS 2014 Rates Base Charge Volumetric Charge SAC 01 201 01 2014 iggqiir 2014 Residential .10 $4.22 r $590 $610 Commercial/ $2.70 Other $4.90 $5.05 $1,070 $1,100 Recommended Future Rate Increases 2015 2016 2017 2018 2019 2020 2021 2022 2023 Base Charge __AM3.0% (inflation) MIIMEMlrfllrMTF% 3.0% 3.0% 3.0% IWO 3.0% (inflation) IlIv_ UTILITY - SUMMARY 1 Total Sewer Utility Cash Balances Rate Design Scenario 57,000,000 I 4.0% - 56,000,000 3.5% Mr- 3.0% 55,000,000 12.5% $4,000,000 — - 2.0% $3,000,000 il - 1.5% 52,000,000 - - r Ill l . 51,000,000 0.5% ■ ■ $- - I - -, 0.0% n, o Operating Reserve ($) I i Capital Reserve($) SAC Reserve($) Operating Reserve Target($) Capital Reserve Target($) Average Residential Rate Change* PHErS J *Projected rate increase of 3 percent annually then adjusted to round to the nearest$0.05 STORM DRAINAGE UTILITY COMMEND )JUSTMENTS • Significant increases in planned capital expenditures. • Model includes total revenue requirements, both "Capital" and "Operating" projections from 10-year budget. 2021 & 2014 2015 2016 2017 2018 2019 2020 Be and 14.0% 14.0% 12.0% 12.0% 10.0% 10.0% 3.0% 3.0% • Revenue requirements result in a projected rate increase of 14 percent in 2014, tapering to 3 percent by 2020. JJ F TE ADJUSTMENT Y LAND US . . __Am. Land Use Type Actual Proposed Difference 2013 Rate 2014 Rate (%) Single-Family home (each) $ 2.33 $ 2.67 14 Multi-Family home / acre $ 23.18 $ 26.43 14 IIIndustrial / acre $ 23.18 $ 26.43 14 Commercial/Office/ acre $ 29.62 $ 33.77 14 Institutions/ acre $ 26.27 $ 29.95 14 Airport/Landfill / acre $ 5.77 $ 6.57 14 Parks/Open Space/Golf Course / acre $ 3.23 $ 3.68 14 pit Undeveloped Land (each) $ 7.73 $ 8.82 14 v .... fa iip -A4 ft. • III yek y ,I1 STORM D RA S $5,000,000 16% $4,500,000 • 14.0% 14.0% 11-- 14 • • $4,000,000 • .1z.D% 12.0% • - - - - • - 12% $3,500,000 • • — -- • 40.0% 10.0% $3,000,000 • • • • $2,500,000 • -- —_ -- 8% • $2,000,000 J� �� -- — — - 6% $1,500,000 • - , -I 4% $1,000,000 3•0% 3.0% 3.0% %3.0 • l i $500,000 4 —ILL s_ 2%- o r,o ro i h L I I I 92 (1/o r1/0 10 �o �o`L �o`L �o`L �o`L Operating Reserve ($) CI Capital Reserve ($) -Operating Reserve Target ($) -Capital Reserve Target ($) PJ R MENDED 2014 RATE6 Base Charge (per Volumetric Charge (per kgal) month) Sewer Residential $4.22 $2.70 Commercial/Other $5.05 Water Residential Tier 1 $1 Ell J Tier 3 — $3.4 Tier 4 $4.2 Tier 5 $4.6- Commercial/Other $ $1.95 Stor ingle Family N/A Drain ome $2.67 111.1ED 2014 RATES Combined Utility Bill Percent Increase 7.00% 6.00% 5.001 4.001 3.00% 2.00% 1.00% 0.00 ' II rl m an a� rl m Ln f- a� rl m Ln f a'1 rl rn Ln f aI rl m Ln f a� rl m Ln f- en rl m Ln f- an rl m O N- CC al a) r m L+'1 LO CC a'1 a3 rl N Ln tD I- CO ci, %-I N m to I- CO a'] a3 N m rl rl rl rl rl r-I r r ,-,i ry ry r- r i rw IN ry m m m m m m m m m Billed Usage (kgal) 2013 Quarter) Bill 2014 Quarter) Bill Usage Water Sewer Storm Total Water Sewer Storm Total 18 kgal $46.50 $59.10 $7 $112.60 $46.86 $61.26 $8.00 $116.12 36 kgal $80.70 $105.90 $7 $193.60 $88.26 $109.86 $8.00 $206.12 L72 kgal $203.10 $199.50 $7 $409.60 $218.26 $207.06 $8.00 $433.32 ,..„..., FillE2S FUTURE UTILITY RATE RECOMMENDATIONS ,i1 _ • pp. , . ,....„„ . -vir ., ____ '4' ft . Ni .a. ALIN 1111 2014 2015 2016 20 2018 2019 2020 2021 and beyond (annually) Water N/A 3% 4% 4% 4% 3% 3% I 3% Sewer 3%* 3% 3% 3% 3% 3% 3% 3% Storm 14% 14% 12% 12% 10% 10% 3% 3% ote: Water and Sewer Utility Base Charges recommended at 3 percen r nnual increase to recognize inflation . , k...t7 - *Projected rate increase of 3 percent annually then adjusted to round to the nearest $0.05 _ P4 R 0 .;. STUDY RECOMMENDATION • Implement Recommended Utility Rate Adjustments — Support Recommended CIP — Fully Fund Operating, Debt Service, and Capital Reserves • Monitor Near-Term Revenue Stability • \ I STUDY RECOMMENDATION • Adopt Annual Rate Indexing • Annually Evaluate Misc. Utility Charges • Review Revenue Adequacy Annually • Review Water COSA Every 5 Years • Communicate Changes in Rate Structure to the _� r''" Public wr --` 9 ''' HANK YOU ve' •• „<lisic . • AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, NOVEMBER 19, 2013 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 III. COUNCIL FORUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS A. LETTER OF RECOGNITION FROM THE EDEN PRAIRIE POLICE DEPARTMENT B. ACCEPT GIFT OF HISTORIC PLANTER FROM THE WUTTKE FAMILY(Resolution) C. PRESENTATION OF NATIONAL AWARD FOR FIRE PREVENTION PROGRAM EFFECTIVENESS D. SOUTHWEST LRT COMMUNITY WORKS CORRIDOR-WIDE HOUSING STRATEGY UPDATE V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, OCTOBER 15,2013 B. CITY COUNCIL MEETING HELD TUESDAY, OCTOBER 15, 2013 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. APPROVE PURCHASE OF REPLACEMENT VEHICLES AND EQUIPMENT AS LISTED IN THE 2014 BUDGET C. APPROVE SHADY OAK CHANGE ORDER NO. 1 CITY COUNCIL AGENDA November 19, 2013 Page 2 D. DECLARE OBSOLETE EQUIPMENT AS SURPLUS AND AUTHORIZE CITY MANAGER TO DISPOSE OF PROPERTY E. APPROVE LETTER OF AGREEMENT WITH GENESIS FOR HEALTH SAVINGS ACCOUNT ADMINISTRATION F. ADOPT RESOLUTION DIVIDING AND ESTABLISHING BOUNDARIES FOR PRECINCT 19 G. APPROVE PROCLAMATION DESIGNATING NOVEMBER 30 AS SMALL BUSINESS SATURDAY IN THE CITY OF EDEN PRAIRIE H. APPROVE AMENDMENT TO REHABILITATION DEFERRED GRANT PROGRAM AGREEMENT BETWEEN CITY OF EDEN PRAIRIE AND PROP I. APPROVE AGREEMENT BETWEEN THE CITY OF EDEN PRAIRIE, AND MOTOROLA FOR ONGOING SERVICE OF CITY'S 911 DISPATCH CONSOLES SYSTEM IX. PUBLIC HEARINGS/MEETINGS A. FAIRWAY WOODS II CONDO HOMEOWNERS ASSOCIATION HOUSING IMPROVEMENT AREA—FIRST READING OF AN ORDINANCE AND ADOPTION OF RESOLUTION B. NOTERMANN PROPERTY by John W. Shardlow, FAICP. Request for Comprehensive Guide Plan Change from Rural Residential to Neighborhood Commercial on 1.07 acres, Comprehensive Guide Plan Amendment to expand the MUSA boundary to include 11.5 acres, Planned Unit Development Concept Review on 11.5 acres. Location: 16180 Flying Cloud Drive (Resolution for Guide Plan Amendment and Extending MUSA Boundary; Resolution for PUD Concept Review) C. FIRST READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 11, SECTIONS 11.02, 11.03,AND 11.70 RELATING TO SCULPTURES AND STATUARY AS ACCESSORY STRUCTURES D. VACATION OF PUBLIC DRAINAGE AND UTILITY EASEMENTS LYING OVER, UNDER AND ACROSS LOT 1, BLOCK 1, CITY WEST CORPORATE ADDITION (RESOLUTION) X. PAYMENT OF CLAIMS XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS AND COMMUNICATIONS CITY COUNCIL AGENDA November 19, 2013 Page 3 XIII. APPOINTMENTS A. 2014 BOARD OF APPEAL AND EQUALIZATION (BAE) XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR 1. Joint Powers Agreement with Port Authority of the City of St. Paul for Implementation of the Minnesota Property Assessed Clean Energy Program (MN PACE) (Resolution) D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Aquatics Design Update 2. Professional Services Agreement for Aquatics Design E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT REVISED ANNOTATED AGENDA DATE: November 15, 2013 TO: Mayor and City Council FROM: Rick Getschow, City Manager RE: City Council Meeting for Tuesday,November 19, 2013 TUESDAY,NOVEMBER 19, 2013 7:00 PM, COUNCIL CHAMBER I. CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION Open Podium is an opportunity for Eden Prairie residents to address the City Council on issues related to Eden Prairie city government before each Council meeting, typically the first and third Tuesday of each month, from 6:30 to 6:55 p.m. in the Council Chamber. If you wish to speak at Open Podium,please contact the City Manager's office at 952.949.8412 by noon of the meeting date with your name,phone number and subject matter. If time permits after scheduled speakers are finished, the Mayor will open the floor to unscheduled speakers. Open Podium is not recorded or televised. If you have questions about Open Podium, please contact the City Manager's Office. IV. PROCLAMATIONS/PRESENTATIONS A. LETTER OF RECOGNITION FROM THE EDEN PRAIRIE POLICE DEPARTMENT Chief Reynolds will read the Police Department Letter of Recognition being presented to three citizens who provided life-saving CPR to a heart attack victim in an Eden Prairie business parking lot in October. Both the heart attack survivor and the three citizens receiving the award will be present. Mayor Tyra-Lukens and Chief Reynolds will present the award. B. ACCEPT GIFT OF HISTORIC PLANTER FROM THE WUTTKE FAMILY(Resolution) Norma and Travis Wuttke will give an overview of the history of the planter along with their motivations and desires for donating the planter to the City of Eden Prairie. Synopsis: Council Members and staff were approached by Mr. Wuttke with an offer to donate a historic planter to the City. Staff visited the site and determined it to be of historical value and significance. Due to the grading work occurring on the Wuttke site, the planter needed to be immediately removed. The planter ANNOTATED AGENDA November 19, 2013 Page 2 currently sits in the front yard of the Cummins-Phipps-Grill House and has been used as a backdrop and support for holiday decorations. MOTION: Move to adopt the resolution accepting the gift of a historic planter from the Wuttke family for display and historical interpretation. C. PRESENTATION OF NATIONAL AWARD FOR FIRE PREVENTION PROGRAM EFFECTIVENESS State Fire Marshal, Jerry Rosendahl will be on hand to present the award. Synopsis: The Eden Prairie Fire Department is being recognized with an award from the National Association of State Fire Marshals for effective fire prevention and education strategy for our Rental Housing Inspection Program. Only 17 departments in Minnesota received this award for exceptional performance. To qualify for the award, fire departments must: • Have zero fire deaths in residential structures or a 10 percent reduction from the previous year. Eden Prairie had zero fire deaths • Demonstrate commitment to preventing residential fires in their communities • Have an active fire prevention program • Prove that the department's fire prevention efforts increased and made a positive impact D. SOUTHWEST LRT COMMUNITY WORKS CORRIDOR-WIDE HOUSING STRATEGY UPDATE Cathy Bennett of the Urban Land Institute-Minnesota and Kerri Pearce Ruch of Hennepin County will present a report on a housing inventory for the communities along the Southwest LRT Corridor that was completed by Maxfield Research. Synopsis: The complete inventory can be found on the Southwest Transitway website at: http://www.southwesttransitway.org/dmdocuments/SW-Housing-Inventory-Final.pdf The Southwest LRT Community Works Steering Committee approved a Southwest LRT Corridor-Wide Housing Strategy Work Plan in 2012. The purpose is to "partner with Southwest LRT Corridor Community Works and regional partners to recommend joint policies, tools and financing strategies that help to achieve a full range of housing choices along the corridor in conjunction with future transit investments." Maxfield Research was hired to complete the inventory, noted above, which included collecting information on demographics, employment/commuter, school data, housing characteristics, housing inventory, city policies, housing programs and financial tools. ANNOTATED AGENDA November 19, 2013 Page 3 While this inventory provides an in-depth analysis of what currently exists, another study will be conducted to analyze the gaps that exist in housing availability along the corridor. The Gaps Analysis will help communities along the corridor plan for future housing development. 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 15, 2013 B. CITY COUNCIL MEETING HELD TUESDAY, OCTOBER 15, 2013 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR MOTION: Move approval of items A-I on the Consent Calendar. A. CLERK'S LICENSE LIST B. APPROVE PURCHASE OF REPLACEMENT VEHICLES AND EQUIPMENT AS LISTED IN THE 2014 BUDGET C. APPROVE SHADY OAK CHANGE ORDER NO. 1 D. DECLARE OBSOLETE EQUIPMENT AS SURPLUS AND AUTHORIZE CITY MANAGER TO DISPOSE OF PROPERTY E. APPROVE LETTER OF AGREEMENT WITH GENESIS FOR HEALTH SAVINGS ACCOUNT ADMINISTRATION F. ADOPT RESOLUTION DIVIDING AND ESTABLISHING BOUNDARIES FOR PRECINCT 19 G. APPROVE PROCLAMATION DESIGNATING NOVEMBER 30 AS SMALL BUSINESS SATURDAY IN THE CITY OF EDEN PRAIRIE H. APPROVE AMENDMENT TO REHABILITATION DEFERRED GRANT PROGRAM AGREEMENT BETWEEN CITY OF EDEN PRAIRIE AND PROP I. APPROVE AGREEMENT BETWEEN THE CITY OF EDEN PRAIRIE, AND MOTOROLA FOR ONGOING SERVICE OF CITY'S 911 DISPATCH CONSOLES SYSTEM ANNOTATED AGENDA November 19, 2013 Page 4 IX. PUBLIC HEARINGS/MEETINGS A. FAIRWAY WOODS II CONDO HOMEOWNERS ASSOCIATION HOUSING IMPROVEMENT AREA—FIRST READING OF AN ORDINANCE AND ADOPTION OF RESOLUTION Official notice of this public hearing was published in the November 7, 2013,Eden Prairie News. Synopsis: On October 1, 2013, the City Council held a public hearing regarding the petition put forth by the Fairway Woods II Condominium Association requesting the establishment of a Housing Improvement Area. Owners were notified by mail, and a legal notice was published on November 7, 2013, in accordance with procedures outlined in Minn. Stat. 471.345. The hearing notice included the time and place of the hearing, estimated cost of improvements, amount to be charged against each housing unit, the owner's right to prepay the total fee, the right to objects and the compliance requirements per Minnesota Statute 428A.12. MOTION: Move to: • Close the Public Hearing; and • Approve the first reading of an Ordinance establishing the Fairway Woods II Condominium Association Housing Improvement Area pursuant to Minnesota Statutes 428A.11 to 428A.21; and • Adopt the Resolution approving the Housing Improvement Fee for the Fairway Woods II condominium Association Housing Improvement Area Pursuant to Minnesota Statutes 428A.11 to 428A.21. B. NOTERMANN PROPERTY by John W. Shardlow, FAICP. Request for Comprehensive Guide Plan Change from Rural Residential to Neighborhood Commercial on 1.07 acres, Comprehensive Guide Plan Amendment to expand the MUSA boundary to include 11.5 acres, Planned Unit Development Concept Review on 11.5 acres. Location: 16180 Flying Cloud Drive (Resolution for Guide Plan Amendment and Extending MUSA Boundary; Resolution for PUD Concept Review) Official notice of this public hearing was published in the November 7, 2013,Eden Prairie News and sent to 7 property owners. Synopsis: This project has three requests: 1. Reguide 1.07 acres from Rural Residential to Neighborhood Commercial. This area is for expansion and reconfiguration of the parking lot for Lions Tap. ANNOTATED AGENDA November 19, 2013 Page 5 2. Amend the MUSA Line to add 11.5 acres. This covers both the Lions Tap Property with expansion and a vacant 9.9 acre Rural Residential guided property. Both properties are owned by Noterman. 3. PUD Concept approval for the expansion and reconfiguration of the Lions Tap site and one Rural Residential lot. The 120-Day Review Period Expires on January 14, 2013. The Planning Commission voted 6-1 to recommend approval of the project at the October 14, 2013 meeting. MOTION: Move to: • Close the Public Hearing; and • Adopt the Resolution for Guide Plan Change from Rural Residential to Neighborhood Commercial on 1.07 acres and expand the MUSA boundary to include 11.5 acres; and • Adopt the Resolution for Planned Unit Development Concept Review on 11.5 acres. C. FIRST READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 11, SECTIONS 11.02, 11.03,AND 11.70 RELATING TO SCULPTURES AND STATUARY AS ACCESSORY STRUCTURES Official notice of this public hearing was published in the November 7, 2013,Eden Prairie News. Synopsis: The city code identifies statuary and sculptures as signs permitted in all districts according to setback, height, and size. Some residential developers and businesses want to display public art separately or as part of an identification sign, but because of the limitation on number and size of signs, choose sign over art, or ask for a waiver. The Planning Commission and City Council recently recommended approval of a sign waiver for United Health Group for a larger sign that included a sculpture. The code amendment is as follows: 1. Add sculpture and statuary to the definition of accessory structures 2. Delete sculpture and statuary from the definition of a sign 3. Add setback requirements 4. Add height requirement 5. Limits the number of sculptures and statuaries in commercial, office, industrial,public and airport zoning districts MOTION: Move to: • Close the Public Hearing; and • Approve the 1st Reading of the Ordinance amending chapter 11 relating to sculptures and statuary. ANNOTATED AGENDA November 19, 2013 Page 6 D. VACATION OF PUBLIC DRAINAGE AND UTILITY EASEMENTS LYING OVER, UNDER AND ACROSS LOT 1, BLOCK 1, CITY WEST CORPORATE ADDITION (RESOLUTION) Official notice of this public hearing was published in the October 31, 2013,Eden Prairie News and sent to 6 property owners. Synopsis: The Property Owners have requested the vacation of the drainage and utility easements to facilitate the plat of City West Corporate 2nd Addition for new building construction. The drainage and utility easements to be vacated were originally dedicated with the plat of City West Corporate Addition. In order to accommodate a new building on the lot, the property owners would like these underlying easements vacated and will dedicate all new drainage and utility easements with the plat of City West Corporate 2nd Addition. The release of the resolution vacating the drainage and utility easements shall be conditioned on the recording new dedicated drainage and utility easements on the plat of City West Corporate 2nd Addition. MOTION: Move to: • Close the public hearing; and • Adopt the resolution vacating the public Drainage and Utility Easements lying over, under and across Lot 1, Block 1, City West Corporate Addition, Hennepin County, Minnesota. X. PAYMENT OF CLAIMS MOTION: Move approval of Payment of Claims as submitted (Roll Call Vote). XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS A. 2014 BOARD OF APPEAL AND EQUALIZATION (BAE) Synopsis: From 1992 through 2013,the City has appointed a special Board of Appeal and Equalization(also formerly named the Board of Review). The members are citizen volunteers that are active and knowledgeable,with extensive experience in the real estate market. The members are recruited by the City Manager and City Assessor and appointed annually with confirmation by the City Council. The City pays the members a per diem payment of$50 for all required training sessions and Board meetings. In 2003,the Minnesota legislature passed a law requiring members of Boards of Appeal ANNOTATED AGENDA November 19, 2013 Page 7 and Equalization to attend a training session, developed by the Minnesota Depailuient of Revenue, at least once every four years. The law also requires that the City document by December 1st of the year preceding the Board of Appeal and Equalization Meeting that at least one member of the Board has been trained within the last four years. The law also requires that a member of the Board of Appeal and Equalization that attended training must be in attendance at the meeting. As a practical matter we try to have all of the members trained by the Department of Revenue. Todd Walker attended training in 2012,Annette O'Connor and City Assessor Steve Sinell attended training in March, 2013, and Lyndon Moquist will be attending the Department of Revenue training session on November 19, 2013 in Plymouth. Patricia Pidcock and Jim Johnson both have conflicts with the November 19th training session and will not be in attendance. MOTION: Move to appoint to the Board of Appeal and Equalization Jim Johnson, Lyndon Moquist, Annette O'Connor, Patricia Pidcock and Todd L. Walker for the period of March 1, 2014, through May 31, 2014, or until the Board of Appeal and Equalization completes its work. XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR 1. Joint Powers Agreement with Port Authority of the City of St. Paul for Implementation of the Minnesota Property Assessed Clean Energy Program (MN PACE) (Resolution) Synopsis: The Port Authority of the City of Saint Paul has established the Property Assessed Clean Energy Program (MN PACE)to finance the acquisition and construction or installation of energy efficiency and conservation improvements on properties located throughout the State of Minnesota through the use of special assessments. One or more energy efficient projects have been identified within the City of Eden Prairie that are in need of financing, including Southwest Crossing's $1.9 million energy efficient project, focusing on using less electrical heat in their facility. To finance such improvements, the St. Paul Port Authority has proposed a Joint Powers Agreement with the City to implement the PACE program in Eden Prairie. The Joint Powers Agreement would designate the Port Authority as the implementing entity to implement and administer the PACE program on behalf of the City to finance energy efficient property improvements. The City would be responsible for placing special assessments on the properties. ANNOTATED AGENDA November 19, 2013 Page 8 MOTION: Move to adopt the Resolution approving the Joint Powers Agreement between the Port Authority of the City of St. Paul and the City of Eden Prairie to implement the Minnesota Property Assessed Clean Energy Program (MN PACE) in Eden Prairie. D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Aquatics Design Update 2. Professional Services Agreement for Aquatics Design Synopsis: Following the Feasibility Study and at the direction of the City Council, staff conducted interviews with architectural firms to determine the most appropriate and best value firm. At the May 7, 2013 City Council Meeting,the City Council approved entering into a professional services agreement with Hammel, Green and Abrahamson, Inc. (HGA) for architectural design services for the Aquatics Expansion. Instead of entering into an agreement for the development of full design and bidding documents, staff proposed a method where design and the costs associated with it would be approached on an incremental basis. The first phase that was entered into was the development of construction documents for phase I. This portion of the process has allowed for greater public and user group feedback along with specific drawings that have added to the confidence level of the cost estimates. This action would authorize the expansion of the agreement to include the development of all design and bidding documents. These documents would be completed and bids could be opened in March 2014. At that time,the City Council would be in a position to evaluate the bids and determine if the project should move forward to construction. Potential Timeline Nov. 19, 2013 Proceed with design and bidding documents Nov. 2013 —March 2014 Document development and public input March 2014 Present bids to City Council MOTION: F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT ANNOTATED AGENDA November 19, 2013 Page 9 MOTION: Move to adjourn the City Council meeting. CITY COUNCIL AGENDA DATE: SECTION: Proclamations and Presentations November 19, 2013 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IV.A. Jay Lotthammer, Director, Accept Gift of Historic Planter from the Parks and Recreation Wuttke Family Requested Action Move To: Adopt the resolution accepting the gift of a historic planter from the Wuttke family for display and historical interpretation. Synopsis Norma and Travis Wuttke will give an overview of the history of the planter along with their motivations and desires for donating the planter to the City of Eden Prairie. Council Members and staff were approached by Mr. Wuttke with an offer to donate a historic planter to the City. Staff visited the site and determined it to be of historical value and significance. Due to the grading work occurring on the Wuttke site, the planter needed to be immediately removed. The planter currently sits in the front yard of the Cummins-Phipps-Grill House and has been used as a backdrop and support for holiday decorations. Attachments Photo Resolution • ,y t f .� sr • A '/..yam•1r • ' � y,•I _ �{l -4� r; • • • _ .y .I .�.i,�• �: r� r _•F i-rye. -i�}�. •r .y. •ram-. r'.`•�1�� ,g - ri r' !� _ _ • r'. ,w • . _• ,,; _ _ ; �- N, .- �d3 .�'r'' ....It ' • }• ^rr - f ^� .tom ., • . . , �=- R - •! r " FT _ • i., _.R- �.•y`.' .amp ^,i"rt _ -�__ if .. • • •a F ' 1`• •3F _ • ,.r • s _ • • % *"� • h; x ✓ C• zi • i r K__ . .i. :- • --..;.2.4 4 .,_ . . . ,... .,._. .. 4,......._ _ .... .„. . .. ....,._ . . .4... .....,.r.„.„,. • . ...t.. ______ ..— • Ali. -r. II ,r 4 to 411, Ili' . . . • ,,...i.,. -...„ 4. . .. .. r . • • r. f • yam' . � y ._ .. _ • -;7I fir . r� .I r I . - _ .Y•` - • . --:......<-',..:0110..!IP-. . o.‘ ... .-.,,-r :1:, 7.,4-1,-,..=.:-.:•!....•• ... - 7-',-•-'-likfc."- : r .;rt '.;ram._ / t . _ - _ y • • j VFW:-: r �:s . • - . =• ,- - .rr} • •T ".'-fir Yr+;.' '.'�' f-: _ [ l tr,L; ,7...i y. .- ..- F/ _ _• • - Yr: ,].• �I, y1 J_ ! r; _ - 'fy. . . ..- .. ..: ....,".._ -•. JJ .i r- _ .7 • •r 7 r: i ;ti` 'a F..Ar F:).`f- kA,•.4•_ _.P - _ ',jam • , _,mod. r 1Y `ry. _ .1 V:C_t-tea C3. pr - r. . _ / CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2013- RESOLUTION RELATING TO ACCEPTANCE OF GIFTS BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT: The gift to the City a historic planter to be displayed at the Cummins-Phipps-Grill Homestead is hereby recognized and accepted by the Eden Prairie City Council. ADOPTED by the City Council of the City of Eden Prairie this 19th day of November, 2013. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Presentations November 19, 2013 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IV.B. George Esbensen, Fire Chief Presentation of National Award for Fire Prevention Program Effectiveness Requested Action No action is requested. State Fire Marshal, Jerry Rosendahl will be on hand to present the award. Synopsis The Eden Prairie Fire Department is being recognized with an award from the National Association of State Fire Marshals for effective fire prevention and education strategy for our Rental Housing Inspection Program. Only 17 departments in Minnesota received this award for exceptional performance. To qualify for the award, fire departments must: • Have zero fire deaths in residential structures or a 10 percent reduction from the previous year. Eden Prairie had zero fire deaths • Demonstrate commitment to preventing residential fires in their communities. • Have an active fire prevention program. • Prove that the department's fire prevention efforts increased and made a positive impact. "While funding for fire suppression efforts will always be necessary, spending money and time preventing a fire or significantly reducing its impact is preferable to having to respond after a fire has occurred," said Jim Narva,NASFM Foundation executive director. "Our award recipients recognize that and fight for more fire prevention resources every chance they get." Background Information EPFD fire inspector Rick Hammerschmidt focuses on rental housing inspections. His primary responsibilities include getting into rental properties on a regular basis, identifying reoccurring fire safety issues, enforcing codes and ordinances, educating property management and tenants on codes and ordinances and helping management companies with fire safety and prevention needs. Prior to the program EP had regular and significant multi-family dwelling fires: Lake Place, Bay Point Lake, Eden Place Broadmoor, Parkway, and Shadow Green etc. Since the program's inception EP has not suffered a significant multi-family structure fire. CITY COUNCIL AGENDA DATE: SECTION: Presentations November 19, 2013 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IV.C. Community Development Southwest LRT Corridor-Wide Housing Strategy Janet Jeremiah, Director Update Molly Koivumaki, Housing and Human Services Manager Requested Action No action is requested. Cathy Bennett of the Urban Land Institute-Minnesota and Kerri Pearce Ruch of Hennepin County will present a report on a housing inventory for the communities along the Southwest LRT Corridor that was completed by Maxfield Research. Synopsis The complete inventory can be found on the Southwest Transitway website at: http://www.southwe sttransitway.org/dmdocuments/S W-Housing-Inventory-Final.pdf Background Information The Southwest LRT Community Works Steering Committee approved a Southwest LRT Corridor-Wide Housing Strategy Work Plan in 2012. The purpose is to "partner with Southwest LRT Corridor Community Works and regional partners to recommend joint policies, tools and financing strategies that help to achieve a full range of housing choices along the corridor in conjunction with future transit investments." Maxfield Research was hired to complete the inventory, noted above, which included collecting information on demographics, employment/commuter, school data, housing characteristics, housing inventory, city policies, housing programs and financial tools. While this inventory provides an in-depth analysis of what currently exists, another study will be conducted to analyze the gaps that exist in housing availability along the corridor. The Gaps Analysis will help communities along the corridor plan for future housing development. Attachment 2013 Income and Rent Limits Presentation INCOME AND RENT LIMITS 2013 Income Limits (Defined and updated annually by the U.S. Department of Housing&Urban Development) 2013 area median income (AMI) for a family of four in the Twin cities MSA: $82,300 1 2 3 4 5 6 7 8 Person Persons Persons Persons Persons Persons Persons Persons 80% $45,100 $51,550 $58,000 $64,400 $69,600 $74,750 $79,900 $85,050 AMI 60% $34,620 $39,540 $44,460 $49,380 $53,340 $57,300 $61,260 $65,220 AMI 50% $28,850 $32,950 $37,050 $41,150 $44,450 $47,740 $51,050 $54,350 AMI 30% $17,300 $19,800 $22,250 $24,700 $26,700 $28,700 $30,650 $32,650 AMI 2013 Rent limits (Updated annually by Minnesota Housing using updated income limits) 0 Bedroom 1 Bedroom 2 Bedrooms 3 Bedrooms 4 Bedrooms 30%AMI $432 $463 $555 $642 $716 50%AMI $721 $772 $926 $1,070 $1,193 60%AMI $865 $927 $1,111 $1,284 $1,432 *Rent is gross rent,which includes utilities paid by the tenant and other non-optional charges. , • is RP nit! 114 green meons go . nb Corridor-Wide Housing 08A StrategyUp' Iate mime- Presented to : City of Eden Prairie - November 19, 2013 Presented by: Southwest Corridor Community Works — Housing Work Group - Cathy Bennett, ULI MN/RCM - Kerri Pearce Ruch, Hennepin County - Molly Koivumaki, City of Eden Prairie SWLRT Corridor —Wide Housing 4*-1 Strategy ePMML!TI!T Presentation Topics Southwest LRT Community Works Why Housing Strategy is Important Key Points - Completed Housing Inventory Next Steps SWLRT Corridor —Wide Housing I9 Strateg ce §pmxpwcw SW LRT Community Works EDEN PRAIRIE i MINNETOIKA M EDINA HOPKINS ST LOUIS PARK i MINNEAPOLIS ULI MN —I MnnehahaVVatershed District METROPOLITAN COUNCIL IVinneapolis Parks and Recreation • Southwest Transit Hennepin County Housing Work Group - Participants • Housing staff from Southwest cities • ULI MN • Hennepin County Housing and Community Works staff • MN Housing — Assistant Commissioner • Twin Cities LISC • Met Council — SW Project Office and Housing staff rr' , SWLRT Corridor -Wide Housing �- Strategy ePMML!TI!T Why is a Corridor Housing Strategy Important? • Maximize Benefits to the Community and Region due to Future LRT • Important part of SW Lrt Community Works Vision and Guiding Principles • Critical to being Competitive for :ederal Funding Support for the LRT 4100)ffH"ii SWLRT Corridor —Wide Housing Strateg MIWINRSIPT Why Its Important? SOUTHWEST COMMUNITY WORKS VISION Collaborate and partner so that Southwest Corridor becomes a premier destination that is accessible, livable and vibrant. SOUTHWEST COMMUNITY WORKS GUIDING PRINCIPLE Provide a Full Range of Housing Choices Positioning the Southwest LRT communities as a place for all to live Hennepin SWLRTCorridor —Wide Housing -; -10 � Strategy � PMW4PT Why Its Important? Federal (FTA) New Starts Guidance (issued in August 2013) • FTA wants to "have the fundamentals in place to ensure that as service is improved over time there is a mix of housing options for exiting and future residents. " • For the first time, affordable housing is included as a measure in the Land Use score calculation & will measure "legally binding affordability restricted housing" • An update to the FTA New Starts application due in May/June 2014 Hennepin SWLRT Corridor —Wide Housing I OBPL 1 _ Strategy --e Wiliffingckig k. gIRMAI Corridor Wide Principles & City Housing & Corridor Wide Development Goals Housing Strategy / Stakeholder Completed in March InventoryCommunity____J Input October— Gap I Market Ilk January Analysis Feasibility OPP. October— r Housing & Development Opportunities EInyf rsarnel pd Stakeholder October- Corridor Wide Collaborative Strategies Input January Influence . ... ''��f New dtr Starts L' T, r ' Implement Ci + rs"� �# a�i SWLRT Corridor —Wide Housing 410e-ii____A Strategy ce WilignWcMg Housing Inventory as the first step in the overall strategy All research in this study Southwest Corridor HousingStrategy- supports the housing The Coo LIC inventory section of the grunt covers overall strategy: Tra i tion reemum Plans ollsing Inventor} Inventor i:mirlesinrcttoT� APs the yellow Collect&Understand ExistingCondition highlighted • Demographics f —I Household D nographi s taSkstc the • Employment left and_ MarkekF asibilily&Accessibility —1EHlstingavailaMHousing • School Data Develaprnent Ass6ssirent&T P below. This • Housing Characteristics �C rnmuGg LaaorShQd strategywilt • For-Sale Real Estate " —I Housing Trarsp�rnti❑n index be refined as Market GapAnalysis the process Pia n darketrFinancingWDisplaceme.nt S Mool Day, continues. • Multifamily Rental Inventory , -fCity Tools& aLgies • Housing Programs _[Strategi Is --iLallatoration& upparr. • City Policies 1 _{Stakehalder En g�rr�ont j J • Financing Tools Hennepin 4SWLRi T Corridor —Wide Housing �I 9 rpn Nu Strate : ft §ow HOUSING INVENTORY ,' : iiiy 1ul/r In u• Rim iiinf ulu iU� NUM -'r Van White �II� imj119liln.. EE!l»�t-- Station 1IIIII IMlili gi 1 1i = i Illllp Hl111111 �� Ell lY,lll 11 Penn 11 1!!11lIV' ril I '1' iikl!r i;�I I Ian " 'liin n11V1 Station • iiliiiii'r'.':Ir11 17 stations along the :i1il1�Ol4..i.• 1 11•l ii 11, 1 1111 111' _ 'intnulul� SWLRT Corridor fit ` West Lake —1 • Station GOLDEN -- analyzed together VALLEY , 416 - Royalston r i-- Station and individually - Blake Station - il - 1 ' , \' 21st Street ` MINNETONKA ST.LOU IS' Station „�•-• Stations by City `' ; - 4110.E F� r 111l111 fillilk 1 11111 Y111 le MINNEAPOUS lnll°ull� nu+rurrnu••- Ho Hopkins Station �n� nn • Minneapolis — 5 P .'��W�.111 , 13eltline ..01l1 .r Shad Oak _ � 1111f• 1i .nti11 • St. Louis Park — 3 �- Station „! M Y,IY.YII:..,r111,.1 Y '{{I�jlil; NIIIMje'��" �, Station Wooddale Station t • Hopkins — 2 + 1 share City West 1- Station ��` �� Opus �,..-. J--`.• --- • Minnetonka — 1 + 1 share l l— jo Station • Eden Prairie — 5 _ Louisiana ,. Ifili� Station , 1 Golden Mitchell Triangle • SWLRT Stations Station Station SWLRT Alignment 1 EDEN Southwest Iw �:' Half Mile Buffer PRAIRIE .Y�` Eden Prairie ti�iD i Station _e_i k. Town Center 1 Mile Buffer Station �•w Station ' 2 Mile Buffer Hennepin 4100)ffH"ii SWLRT Corridor —Wide Housing Strategy WARNMAPT HOUSING INVENTORY Demographic Y2-mile highlights... • Corridor accounts for 4% of Hennepin Co's population and 5% of households • Corridor-wide growth 2000-2010: +15% (pop) & +16% (hhds) • Overall Younger demographic: 52% of pop under age 35 (25-34 large cohort) — (45%- 46% @ CW/GT, 66% @ TC/SW, 55% @ MT) • Population density highest at Blake Road Station then decreases moving west. • Non-White population = 27% Corridor wide (13% @CW/GT, 50% @ TC/SW, 18% @ MT) • Smaller household sizes = avg. 1.83 Corridor (In EP — highest at Golden Triangle 1.93) • Higher % Rent Overall = 54% of hhds. (vs. 36% Hennepin Co.; 80% @ TC/SW) • Corridor Median Income = $50,580 in 2012 ($107,000 @ CW/GT, $54,000 @ TC/SW, $61,000 MT) SWLRT Corridor —Wide Housing �- - Strategy §Priumwmg Key takeaway: Younger Demographics are attracted to the SW Cities & LRT. • What kind of housing does the younger demographic desire and need to live in the corridor? ( Gaps Analysis ) SWLRT Corridor —Wide Housing I9 Strategy HOUSING INVENTORY Employment %-mile highlights... • 107,200 corridor-wide jobs I 13% of all Hennepin County & 7% of all Metro Area • 14% of corridor jobs - Professional, Scientific & Technical Svs jobs • Higher wages & educational attainment than Metro Area avg. • 52% earn more than $40,000/year vs. 47% in Metro Area (43%@CW, 64%@GT, 58%@TC, 48%@SW, 70% @ MT) • 31% with a bachelor's degree or higher vs. 28% in Metro Area • Royalston has the most jobs (10K+) I City West also significant (7K+) • Fewest jobs near the Penn & 21st St. Stations (<500); In Eden Prairie, SW has fewest @ 2,800 jobs • Of the workers within a half-mile of stations areas in Eden Prairie — 9.4%, live in Eden Prairie, 8% Minneapolis, 3.2% Minnetonka, 2.3% St. Louis Park, and 1% Hopkins. SWLRT Corridor -Wide Housing Strategy ePMML!TI!T Keyta keaway: SW Corridor is Job Rich • What kind of housing do current and future workers choose or need ? ( Gaps Analysis ) SWLRT Corridor —Wide Housingli *.____J Strategy ce WilignWcMg HOUSING INVENTORY Education Highlights... - T. “ -; Public School Districts: • Enrollment: Minneapolis (31,750 students) . ..;. , . ' r. I Eden Prairie (9,260) . .} ' , 1- - - ' F fl • Minority students: Minneapolis (65%) .P .,,...''''' �'n, ° '. • r r I Eden Prairie (28%) . _ ,=-lei i -{ �� . kh • Free/reduced lunches: Minneapolis (64%) o '`• ` ,- _ , �. L i','`-tip s # r. ` Po -_' y•-.-'-- • I Eden Prairie (20%) -� _ .-¢ - ., . • 4-year graduation rates: Minneapolis (47%) - '" r I Eden Prairie (85%) �SOW; amen! Private and Charter Schools: r .00 Hall Mil.A.di.5 EMI• 28private schools with 7,900 students ' ma"' " °' , within 2-miles of transit stations V.. ` .__LIL .. A . Schools within %2-mile of stations... x Elementary - ZElementary and Middle • Public — 4 Middle ] -- • Charter — 7 — Eagle Ridge Academy : Senior High • Private — 10 — Montessori Learning 4 Charter School - d Private School +� Of l — 41110)1 SWLRT Corridor —Wide Housing Strategy §PrigliMMI Key takeaway: SW LRT will be accessible (1/2 mile) from several public, private & charter schools • Are there opportunities to attract a new student population to the corridor due to the new accessibility? (Gaps Analysis) SWLRT Corridor —Wide Housing oq .. Strategy e Wiliffingctff HOUSING INVENTORY Rental Housing Highlights • 29,300 rental units 1401 properties • 80% of units are general occupancy market rate I 11.7% subsidized affordable I 8.1% senior • Minneapolis accounts for 43.5% of all units; Eden Prairie 14.8% • Over 4,500 units in Minneapolis are closer to existing LRT stations than the SWLRT Rental Units by City Within SWLRT Corridor Corridor-wide Rental Units by Housing Type 25,000 23,527 St. Louis Park 5,853 20,000 Minnetonka iM 1,512 Mpls. 12,764 .5,000 — m i Hopkins 4, 47 10,000 Golden Valley 207 5,000 Edina 409 1,525 1,036 1,770 603 726 149 0 Eden Prairie 4 344 G.O. MR <30% <50% <60% <80% SR. MR SR.Aff. Housing Type 0 5,000 10,000ti Units SWLRT Corridor —Wide Housing Strategy WilignWcMg Rental Housing Highlights•"" 12,000 Corridor-wide Rental Units by Distance to SWLRT Station 11,214 •Market Rate • 12% of units I < 1/4 mile of 10,000 ■Affordable/Subsidized proposed stations 8,000 • 51% of units 11/2 to 3/4 miles = 6,000 — n 4,578 of proposed stations 4,000 3,304 2,588 2,000 • 84% of units I 1-mile or less of 409 587 627 iiiikn o proposed stations 0.0-0.24 0.25-0.49 0.50-0.99 1.0-2.0 Distance to Station • Only 5 stations have rental Rental Units by Proximity to Station housing within % mile of the Royalston 1 station - Eden Prairie Towne Van White Penn Center21st St. West Lake •1.0-0.24 Beltline •1.25-0.49 Wooddale • 6 stations have no rental C Louisiana ■1.50-0.99 Bake housing units within 1/2-mile of N Hopkins ■i 0 20 station — Southwest & Mitchell Shady Oak us t . City Wes olden Triangle E.P.Twn.Ctr. Southwest Mitchell 0 500 1,000 1,500 2,000 2,500 3,000 3,500 4,000 Units 14,10)-1 SWLRT Corridor —Wide Housing �- Strategy wwwwcw Key takeaway: Limited rental housing options within '4 mile of proposed stations • Are there ways to improve connections to existing housing? (TSAAP) • What kind of housing is needed and where to provide more choices in close proximity to stations? (Gaps Analysis/TSAAP) SWLRT Corridor —Wide Housing Strategy ce §pmxpwcw Rental Housing Highlights... Corridor-wide Affordability (1/2-mile): • 34% of HHDS < $35k • 13% at City West/Golden Triangle SWLRT MR Rental Projects & Units Built Prior to 1980 90.0% • 31% at Town Center/Southwest 80.0% k Pct. of projects built prior to 1980 • 50% of H H DS > $50k 70.0% nits built prior to 60.0% 1980 50.0% ■ Naturally Occurring Affordable 40.0i ■ Housing: 30.0% ■ 20.0/ 1. • High proportion of market rate 10.0% I • M—M rentals have "affordable rents" o.o% primarily because they are older E.P. Edina G.V. Hopkins Mpls. Mtka. SLP • 71% of projects & 53% of total units were built prior to 1980 Hennepin 4SWLRi T Corridor —Wide Housing 9 Strate • - ,pir„,,,,„,. City West Station : Affordable Rental Housing �4 . r7L-._ #/; Summary: City West one `` t'"' � '" + -.- -- �' i - ' `, Naturally Occurring _ . • ,; ,; . . ~ Affordable Housingcomplex 1111'7. - ��� � '- �'' :,` ' ,5. 'I p .• �� ' &Ia.1. l- LA. t fin. • Park at City West — 280 units - ,.0l' - - only property within 10- . -—7-11 If, • — rill 7 r' ' ;, �_4 _,' 1 . minute walk shed r . 'r.-." �';i . t I4. 1 • A mix of rents affordable at ` 1 � " _,_. ':,�, Maki r' 60% - 80% AMI • ' • /7 ik. , . ' — iaippi _f.,-.-...0,-,-601..:. - Saulhmcsl LRT1=ardor Ner_ralr GccuargAPoma6lc Ho�`srg t �; `.iPxk* .m ,', ', Orin J' ..uItraesl LRT Slauons &mottles Househo5os Ewing •+ tf Jr. 3 I a _.Kn Ifa Mlh Parer n 3a`}:or go-kw Arca Harlan Im-arne ~-r. dal , 9ako I f2 NM&1kr -5[4C or 9eiorArca Median Inoomv �" .'':` { ' J _ r f '—. ;o Mhicc Whlle hheo or 9olorArca Moelan Inrarc I* 'I L Wit we l 4. F7 0rtoroado Har'g -MX or Below Arca Medan Inuom. [ - - nUM orElotorArca Medan Inrarnc• " + `' i. _ t 41iiiii'', SWLRT Corridor —Wide Housing e §gropowzm Strat - • Golden Triangle Station: Affordable Rental Housing Summary: Golden Triangle a4.,. '.'# : es. -. S {' Station - Bluffs at Nine {• V... r -4 ` 13-7 Mile Creek, mix of -.' - • ._ '' , s_ ,. II Vim. r subsidized & market rate . • :I ':..' housing _ , f : _ - • 163 units just within the0. '� ' '` .JIinI - 10 m i fl Ut e wa I k shed 4..17,410E'FC:_. • •r.. ' • -• .. 1. . 4111$4 -- .{ r • • 63 unit income restricted '' - . '_ • -... I ' .- ' _r 7 P I.! @ 50% AMI • - • fi -rye-I� iR4 m£--4�, L � ` , • Remaining units are r f e y _ _ . h "' >�• ,', . . _ , market rate r;: . --. . I r; . _ .___.__ _ - - • „tea.iliplinli Ir— , - .i .'Is01, ..t riiii 4.•111 : i ; 1 .I .I I 0 I LI I 4"7 l'.1." • ' F�',t--' Hine Mile{reek f 7 ,.^. '- - ' 1' :- :r 163 {, _ - • ' 4 Y4 Southwest LRT Corridor Haifa-ally Occumng ARordable Housing VP � Southwest LRT Stollens Available to Households Earning:- '^ • Cclden Teeangie tid Mile Butter I 130%or Below Area Median Income r Cdden Triangle 1.r2 Mee Buffer SO%or Behove Area Median Income p ' S' *.., 16 Minuteoute Wallished GO%or Below Area Median Income s ¢ - I r it I I I.rrhVabhe Housing HO%a Below Area Median Income '-! -.'r 1..I. T- .J, - I- 1107%cc Below Area Median Income - 11 SWLRT Corridor —Wide Housing � . OBP I L �' Strategy .� §pmnpowcw E.P. Town Center Station: Affordable Rental Housing Coni.rehensive Plan Station Location x : ''''.1. : . : ' , 41.—.1 .•. Summary: EP Town Center v- - r, `•..=�--- '_.`y ,',, :-lem1 has mix of subsidized and - • ..• naturally occurring ` � ;� .,-,\t" affordable housing "• t -k T J• - -•�. _ mob-.- _ - Y • $ ,I.; • __ . = °. • 1 property with a mix of - � i i affordability - at or below -- -- • �-.---- � ;;:4 :.i.:: 60% and AMI .}--. - �• _• • 1 property affordable - at w.'K11'VPr l ii i or below 80% AMI • ' • 2 properties affordable - - [ ._:...., 7 ;OA • `' `'.. ;;;: at or below60% AMI . :_ ., .Y y "'I'1. •- •1 :4 ' I s • • 1 property receiving 1,. Ir, �� �.. . /• - �11-,a }i state/federal subsidy for �' *' 38 units at or below 50% .Southwest LRT Corridor I Nanrally Ocnrring Affordable Housing . . I - A M El Southwest LRT Stations Available to Households Earning: "ti:Wi y.. ti,'• �' Y a F =Comp Plan 114 Mile Buffer I 130%or Beow Area Median Income % :" _ _ _ �G =CompPlan 112 Mile Buffer-50%or Below Area Median Income ��� # , r 10 Minute Walkshed -SO%or Behw Area Median Income _ ni"� I - • J Affordable Housing -90%or Below Area Median Income i ,I ii' I.irr Lommarn I1100%or Below Area Median Income -i.', 1�G +la ,:V 4100)2 SWLRT Corridor -Wide Housing Strategy ce §pfpxowcw1 Southwest Station: Affordable Rentar Housing .- r T...1...4. 'f # fe� 1 °_ • Summary: SW Station . to • _ no units within walk • k- r - f -� try - - • • : :�:� • r",_: _ 4 r �• _ _ shed or 1 mile radius f. t_ ��s, _, .r . ., . „ , l 1 ! _s,.- _ _ •_•. _ ..._:,_ t Southwes__. i � i - _ '. • r4. __ - - 0, f ' .-- ti. .1�Ware o ee .H, . , . . . .. . .., . . , . . . . . . • • . . ..., _. .. • , . .. . .• .. -TI4 Sautrv,Nest LP T Candor Kansan).Scarring Affordable Hausing • . I f CISaid-west LRT S1atlans Available to Households Earrrry_ • . Mg =Southwest 11d Mlle Buffer I 13o9-or Below Area Meuan!dome 7`•n•"'} Southwest 112 Mlle Buffer-SB9b or Below Area Meuan Income i 5 40 Mlrute Waaslred -B(r:or Below Area Median Income + o- ® ratf AIIoae Housig -31:19b or Below Area Mesas Incomew...4111110t .. T11r169L,nr Relrwr Aran F.4vian Inrrnw v - r, , - ,a 7 e SWLRT Corridor —Wide Housing OBP ..... ,,...,., ,,,,,,f,,,,,,. . • Mitchell Station: Affordable Rental Housing City Center Station Location :`r ' .. - - _ } . • — �, � • ' Summary: Mitchell — i . .4A:.,- . - . � , , . .+, `:�:- naturally occurring '.rt1.1 .;� affordable housing but - 4 : ._ _ ii. _. { '; no income restricted: "' - units • i••. ,:••,••!&&•'y---.-''Z—'••i:r-,4''N1 7:5,-,--7-rc*...1t.7..-,•-.'4•.7• .t‘-...-..i r.t:.,‘'.3i..'..4-,• 1 i6Ec”- • : : :.':. 'f?- 1 pro pert 'ust within the 4 _ =., , . i-,1 , {} _';. - 1 mile radius - affordable ,*. 1-1,. S,'L 4,-1*1•'2 1, ` `, • N -F• at or below 50% AMI fi . • i 1 'ti.li "' ,. 5 � _, i r . - . t�heII rf_- -�___-- - 4 • r ,,. • , i .4. elk gh et;••.-. • ‘47. lorArk.--:tte-lik 44 ' LA I,1' .9:. . illr'::ALL 4Iiir . Pr ' ••• ,14 n wWnIiL r * ' • ' c.--: 1.thitrisr 3�4p1'�'7F'� 'f 1 7 a 't y • i i•L. A. ....• . 0 4 .4 4 .` . in 4 � • 'r • y ' r r Y a; ' B 1- .6le 4 SWLRT Corridor —Wide Housing Strategy MiNgisiLIPT Key takeaway : Large Supply of "naturally occurring" affordable housing (unsubsidized rental) - but much of it tends to be older. • How to preserve & maintain the existing housing stock? (Housing Workgroup/Regional Partners/Gaps Analysis) • What tools are available to cities, county and the region to enhance & preserve naturally affordable housing? (Housing Workgroup/Regional Partners/Gaps Analysis) i ', � ; SWLRT Corridor —Wide Housing I9 Strategy - §pmnimmcmg HOUSING INVENTORY Development ri jeliric. Other Key Data Points: • 9,700 units in pipeline (4,200 units after • Low vacancy rates across SWLRT Corridor excluding projects closer to other LRT stations) • 18,000 condos 1371 projects I 28% Non- homestead units; most in Minneapolis • 70% is G.O. market rate rental I 12% affordable/subsidized • Non-homestead units comprise 21.5% of all units in SWLRT Corridor • 80% of units in Minneapolis • 11% of single-family homes are non- • Only 20% are within %-mile of stations homesteaded Pipeline Sumary by Housing Type 8,000 •Planned/Proposed 7,000 6,000 ■Under Construction 5,000 4,000 3,000 2,000 1,000 0 — Hennepin GO Aff/Sub. Senior- Senior- Condo Student SF Rental Rental MR Aff/Sub. Housing Type 4100)ffH"ii SWLRT Corridor —Wide Housing Strategy ePMML!TI!T Key takeaway: Development pipeline is led by the luxury sector • How to we get a mix of housing to meet the needs of current residents & new people who want to live/work along a transit line ? (Gaps Analysis) SWLRT Corridor -Wide Housing I9 Strategy ePMML!TI!T HOUSING INVENTORY Review of city plans anu policies Financial tools review Seven jurisdictions: • MN tools are limited compared to • Corridor cities have adopted other states specifically related to policies to address SWLRT TOD potential markets • Important to seek new tools to • Policies support higher-density assist with TOD development and mixed-uses along the Corridor • Some cities have potential competing interests in their development policies • Most plans were prepared in early to mid- 2000s • Mix of housing policies across the corridor Hennepin 4100)ffH"ii SWLRT Corridor —Wide Housing Strategy ePMML!TI!T Key takeaway: An array of city housing policies are evident along the Corridor • Are there opportunities for collaboration and the potential to strengthen tools that are targeted at station areas? (Gaps Analysis) SWLRT Corridor —Wide Housing I9 Mims trateg Next Step: Gap Analysis Scope of Work: Four Proposed Tasks: 1. Review & Answer Questions L. Seek Inpu. 3. Summarize 4. Provide Recommendations & is P Due to the LRT Opportunity— • What are the Housing Needs? • What are the Preservation Needs? • What is Missing to ensure a "Full Range of Housing Choices"? A "gap analysis"is the difference • What are the Housing Development between the current housing stock Opportunities? (supply) and projected • What Tools & Strategies might be most housing demand along the SW LRT helpful in "Closing the Gap"? Corridor. In addition it is an exercise • What is most impactful for Federal New to consider the current path, the Starts? preferred path and the difference between the two. • fr SWLRT Corridor -Wide Housing Strategy Ce mown/ Gap Analysis - Process • Seek Proposals — October • Review Proposals & Select Consultant — November • Process — Complete 1 St Quarter 2014 4iire m.o. ..... SWLRT Corridor —Wide Housing A Strategy Additional Housing Committee Work: • Continue to Enhance Housing f' 4411400/A Corridor Wide Principles&City Housing& MapsCorridor Wide Development Goals Housing Strategy Stakeholder • Present/Gain Feedback from SW Completed , in Me rcli '---- 11# Inventory & i Community Input Corridor City Leaders — e ()etcher- Gap Market Councils . ._ Analysts t— ;. Feasibility EDA Planning , _ Commissions. October- November I 13 r 1 Housing&Development Opportunities • Develop Proposed Corridor-Wide --' Stakeholder Tool & Strategies October--1. January 1— corridor wide collaborative strategies Input !rill lei , • Connect to the TSAAP work i.,7,d,--._ r ipiiimps . . . 17:17rit '2014 q30 Packs& • Monitor & Shape Gap Analysis Oct 2013 Programs Work Henn.p.. 4100)ffH"il SWLRT Corridor -Wide Housing Strategy ePMML!TI!Tti I I itjlit I IWg " sogingEsT I ilk , • green moons ga. www.southwesttransitway.c,. b Questions & Comments http://www.southwesttransitway.org/dmdoc uments/SW-Housing-Inventory-Final.pdf H ITEM NO.: VI.A. UNAPPROVED MINUTES CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY, OCTOBER 15, 2013 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 Council Member Case was absent. I. SOUTHWEST LRT Public Works Director Robert Ellis provided an update on progress on the Southwest LRT project since the September 3 Council Workshop. He said the Corridor Management Commission has recommended a budget of$1.553 billion. In addition, the Mitchell Road station has been eliminated from the plan, and the end of the line is now shown to be at Southwest Station. Ellis said Governor Dayton met with Met Council representatives and other project stakeholders earlier this week. The result of this meeting was to delay the Met Council's vote on the Southwest LRT recommendations for 60 to 90 days. Ellis presented a PowerPoint that steps through the entire Eden Prairie alignment. He provided details on changes to the project. He said the at-grade crossing at Nine Mile Creek has been redesigned as an overpass, and another overpass is being recommended at Valley View Road and Flying Cloud Drive. The Golden Triangle Station has been moved to the north. Economic Development Manager David Lindahl said that Kraus Anderson has expressed concerns about the views from the freeway to their buildings due to the height of the LRT bridge in this area. He said staff has scheduled another meeting with Kraus Anderson for next week to discuss the issue. Lindahl noted that the proposed bridge is entirely in MnDOT right-of-way. Ellis said the City of Minnetonka pushed for a cut and cover tunnel at Highway 62. Construction of the tunnel may require reduction of some lanes of traffic but not a complete shutdown of the roadway. Lindahl said he will be meeting with Liberty Property Trust to discuss the possibility of leasing space for LRT parking. They have indicated they may be willing to support such an arrangement. City Council Workshop Minutes October 15, 2013 Page 2 Community Development Director Janet Jeremiah said the discussion of betterments for Eden Prairie has not taken place yet. She said the City will likely seek trail connections and better access to Shady Oak and the Golden Triangle Station. Representatives of First Western Bank were concerned about the proximity of the proposed railway bridge. The Residence Inn owners have expressed concerns about visibility, sound and vibrations. Council Member Aho asked if there will be dinging sounds at the intersection. He felt that could potentially disturb hotel guests. Ellis said he will follow-up with more information about what kind of ringing or other sounds will occur at intersections. Council Member Nelson said some type of sound proofing may have to be provided to buildings near the alignment. The tracks will be at-grade at Technology Drive and Flying Cloud. This will require a full taking of the Eden Prairie Convenience Center strip mall that houses Kinkos/Fed Ex and several other businesses. Lindahl said there may be residual property from that taking available for development. Ellis said the extension of Eden Road will include on street parking, and will provide for better walkability. Aho asked how many at-grade crossings will be in the Town Center area. Ellis said there are three. Aho said he is concerned about the amount of noise generated at those crossings. He feels it could be very disruptive. Ellis said the newly designated end-of-the-line is Southwest Station. He said the SPO is struggling to find a way to get the alignment on the east side of Prairie Center Drive. Going down the center of Prairie Center Drive would require reconstruction of the road, and the addition of a third lane in each direction. That would also likely involve the taking of Ruby Tuesday and Anchor Bank. The project office has expressed reservations about doing that. Lindahl said Culvers has indicated they would be okay with a taking. They are concerned with traffic and circulation if the alignment is moved to the east. Santorini's is also concerned with the location of the final alignment and would probably want a full taking if it is moved to the east. Ellis said the Project Office has indicated they may offer to do some "above and beyond,"to make the alignment with Purgatory Park more palatable. Ellis noted that all of the projected LRT work would be in the right-of-way, and not in the park itself. Aho noted that the renderings do not show the wires that will run above the tracks. He said those will make a big difference in how it looks. Ellis said City staff has not given up pushing for Mitchell Road being the end of the line. They are pushing the Project Office for more information on what environmental impacts they are concerned about with that location. Open Podium - Council Chamber City Council Workshop Minutes October 15, 2013 Page 3 II. OPEN PODIUM III. ADJOURNMENT ITEM NO.: VI.B. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, OCTOBER 15, 2013 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, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, Finance Director Sue Kotchevar, 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 7:00 PM. Council Member Case was absent. II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS A. PROCLAMATION RECOGNIZING THE 50TH ANNIVERSARY OF THE EDEN PRAIRIE EAGLES HIGH SCHOOL MARCHING BAND Mayor Tyra-Lukens read a proclamation proclaiming October 28, 2013, as Eden Prairie Eagles Marching Band Day. She presented the proclamation to representatives of the band. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Getschow said there are changes on goldenrod paper for Item VIII.J.,Item IX.C., and Item XIV.C.1. An additional item, Item VIII.K., on goldenrod paper was added to the Consent Calendar. MOTION: Nelson moved, seconded by Aho, to approve the agenda as amended. Motion carried 4-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, OCTOBER 1, 2013 CITY COUNCIL MINUTES October 15, 2013 Page 2 MOTION: Aho moved, seconded by Nelson, to approve the minutes of the Council workshop held Tuesday, October 1, 2013, as published. Motion carried 3-0-1,with Tyra-Lukens abstaining. B. CITY COUNCIL MEETING HELD TUESDAY, OCTOBER 1, 2013 MOTION: Butcher Wickstrom moved, seconded by Aho, to approve the minutes of the City Council meeting held Tuesday, October 1, 2013, as published. Motion carried 3-0-1,with Tyra-Lukens abstaining. VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. ADOPT RESOLUTION NO. 2013-88 APPROVING FINAL PLAT OF CITY WEST CORPORATE 2ND ADDITION C. UNITED HEALTH GROUP 2013 AMENDMENT by United Health Services, Inc. Second Reading of Ordinance No. 16-2013-PUD-8-2013 for Planned Unit District Review and Zoning District Amendment within the Office Zoning District on 71 acres. Location: 11155 62nd St W. (Ordinance No. 16-2013-PUD-8-2013 for PUD District Review and Zoning District Amendment) D. PEOPLE'S ORGANIC COFFEE & WINE BAR by WCL Associates. Second Reading of Ordinance 17-2013-PUD-9-2013 for Planned Unit District Review with waivers and Zoning District Amendment within the Commercial Regional Service Zoning District on 1.25 acres and Resolution 2013-89 for Site Plan Review on 1.25 acres. Location: Corner of Prairie Center Drive &Valley View Road. (Ordinance No. 17-2013-PUD-9-2013 for PUD District Review and Zoning District Amendment, Resolution No. 2013-89 for Site Plan Review) E. APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE ADVERTISEMENT FOR BIDS FOR OLYMPIC HILLS GOLF COURSE STORMWATER IMPROVEMENT PROJECT F. AWARD CONTRACT TO EUELL'S MANUFACTURING CO. INC. FOR PURCHASE OF MATERIALS FOR RECONSTRUCTION OF 168TH AVENUE RETAINING WALL G. APPROVE APPRAISED VALUES FOR SHADY OAK ROAD SOUTH ACQUISITIONS H. APPROVE THE UPDATED CAPITAL ASSET POLICY I. APPROVE LETTER OF AGREEMENT WITH HEALTHPARTNERS FOR EMPLOYEE HEALTH INSURANCE CITY COUNCIL MINUTES October 15, 2013 Page 3 J. APPROVE AGREEMENT WITH COMPASS CONSULTING FOR PHASE 2 SERVICES FOR EXPANSION OF THE FIBER OPTIC NETWORK TO CITY REMOTE SITES K. APPROVE CONTRACT WITH ARVIG ENTERPRISES FOR CONSTRUCTION SERVICES FOR PHASE 2 OF THE FIBER NETWORK EXPANSION PROJECT MOTION: Aho moved, seconded by Nelson, to approve Items A-K of the Consent Calendar. Motion carried 4-0. IX. PUBLIC HEARINGS/MEETINGS A. RESOLUTION NO. 2013-90 APPROVING ALL SPECIAL ASSESSMENTS PRESENTED IN THE FALL OF 2013 Getschow said each year the City Council holds a public hearing to consider levying the Special Assessments that have been identified over the previous 12 months. This year, the Council will address a list of supplemental assessments such as trunk assessments and contracted removal assessments. He noted almost 80% of the assessments were due to the recent project at Reeder Ridge. The City Council establishes the assessment amount and conducts the hearing for the special assessments. The assessments are levied on the properties for the following year. There were no comments from the audience. MOTION: Nelson moved, seconded by Butcher-Wickstrom, to close the public hearing for the approval of the 2013 Special Assessments, and to adopt Resolution No. 2013-90 approving all Special Assessments presented in the fall of 2013. Motion carried 4-0. B. RESOLUTION NO. 2013-91 VACATING DRAINAGE AND UTILITY EASEMENTS AS DEDICATED IN PLAT OF LOTS 3 AND 4,BLOCK 2, CEDAR HILLS WEST Getschow said the property owners have requested the vacation of the drainage and utility easements to facilitate the plat of Reeder Ridge for new home construction. The drainage and utility easements to be vacated were originally dedicated with the plat of Cedar Hills West.New drainage and utility easements will be dedicated with the plat of Reeder Ridge. The release of the resolution vacating the drainage and utility easements shall be conditioned on the recording of the plat of Reeder Ridge. There were no comments from the audience. MOTION: Aho moved, seconded by Nelson, to close the public hearing, and to adopt Resolution No. 2013-91 vacating the drainage and utility easements as CITY COUNCIL MINUTES October 15, 2013 Page 4 dedicated in the plat of Cedar Hills West embraced within Lots 3 and 4, Block 2, Cedar Hills West, Hennepin County, Minnesota. Motion carried 4-0. C. ST. ANDREW HAVEN by J. David Management, LLC. Request for Planned Unit Development Concept Review on 1.716 acres, Planned Unit District Review with waivers on 1.716 acres, Zoning District Change from R1-22 to R1-13.5 on 1.716 acres and Preliminary Plat of 1.716 acres into 4 lots and 1 outlot. Location: 13618 St. Andrew Drive. (Resolution No. 2013-92 for PUD Concept Review, Ordinance for PUD District Review and Zoning District Change,Resolution No. 2013-93 for Preliminary Plat) Getschow said official notice of this public hearing was published in the October 3, 2013,Eden Prairie News and sent to 76 property owners. This development proposes creation of 4 single family lots and an outlot. The outlot will be deeded to the City for protection of the wetland area. The net density of the project is 2.67 units per acre. Waivers to lot frontage, lot width and setbacks are being requested. The Planning Commission voted 8-0 to recommend approval of the project at the September 23, 2013 meeting. Peter Knaeble, representing Terra Engineering, said they are requesting setback variances because of the unique shape of the property. The variances will allow them to keep the houses closer to the street and to keep some trees in the rear. He said the prices of the homes will range from $425,000 to $575,000. Tyra-Lukens asked if the developer plans to save all of the trees that provide a great barrier along Baker Road. Mr. Knaeble said they intend to save all of the trees. Nelson was concerned about the five foot setback for Lot 2 as that seems to be very close to the other home, especially for the large homes they plan to build. She asked about the justification for moving from a ten foot setback to a five foot setback. Mr. Knaeble said they are trying to use standard home packages, and the smaller setback will allow them to do that. Nelson said she believes that setback is too close for the large homes they propose, and she was not willing to support that. She asked about Lot 1. Mr. Knaeble said Lot 1 is near an open area. He said the home could be pushed back five or ten feet. The bulk of the tree mass would be on Lots 1 and 2, and they would have to take additional trees down if the house were moved back. Aho asked if the home on Lot 2 could be shifted a little more to the northeast or if they could do 7-1/2 foot setbacks for each of the two homes. Mr. Knaeble said that would be fine with the proponent. Tyra-Lukens asked about the driveway locations. Mr. Knaeble said they could be moved because all of the homes will be custom designed. Nelson said for 20 years Eden Prairie has kept our setbacks at ten feet for large homes unless we are trying to do something special. She was concerned that a precedent would be set that could result in five-foot setbacks everywhere, and she did not see any mitigating reason for the five-foot variance for this one. She thought CITY COUNCIL MINUTES October 15, 2013 Page 5 these custom-built homes could be made five feet narrower. Getschow said this is a plat and hasn't been developed yet. The property lines haven't been drawn so they may have room to maneuver the property lines. Tyra-Lukens asked if that was something that could be done at second reading. Getschow said that was correct. Jeremiah said it would also be possible to condition the variance on that portion of the house that is the garage. There were no comments from the audience. MOTION: Nelson moved, seconded by Butcher Wickstrom, to close the public hearing; to adopt Resolution No. 2013-92 for Planned Unit Development Concept Review on 1.7 acres; to approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District Change from R1- 22 to R1-13.5 on 1.7 acres; to adopt Resolution No. 2013-93 for Preliminary Plat on 1.7 acres into 4 lots and 1 outlot; and to direct staff to prepare a development agreement incorporating staff and commission recommendations and with the Council condition that Lot 2 have at least a ten foot setback. Motion carried 4-0. X. PAYMENT OF CLAIMS MOTION: Aho moved, seconded by Butcher Wickstrom, to approve the payment of claims as submitted. Motion was approved on a roll call vote, with Aho, Butcher Wickstrom, Nelson, and Tyra-Lukens voting "aye." XI. ORDINANCES AND RESOLUTIONS A. RESOLUTION NO. 2013-94 APPROVING SUBMITTAL OF I-35W/I-494 INTERCHANGE IMPROVEMENT PROJECT FOR CONSIDERATION BY THE STATE OF MINNESOTA 2013 CORRIDORS OF COMMERCE PROGRAM Getschow said Eden Prairie is being asked by the I-494 Corridor Commission to pass a resolution supporting the I-35W/I-494 interchange improvements. The improvement project would be part of the new Corridors of Commerce program from the State of Minnesota. The program provides funding to larger highway, transit and railroad corridors that are moving many goods and services through Minnesota. While the physical location of these improvements would not be in Eden Prairie, it would be a benefit to residents and the business community. Aho said he is chair of the I-494 Corridor Commission, and one of his big priorities with that organization is the I-35W/I-494 interchange. That interchange affects many of our residents, and MnDOT does not have it on their schedule for improvement. The new program offers hope we could gain funding for the project. The I-494 Corridor Commission wanted to press forward with this to have cities approve this letter and send the recommendation to MnDOT and Commissioner CITY COUNCIL MINUTES October 15, 2013 Page 6 Zelle. He noted 500,000 vehicles travel through the interchange every day, and the accident rate there is more than double the metropolitan average. Tyra-Lukens commented it sounds like a worthwhile project and is just another in a long string of needed transportation improvements. MOTION: Butcher Wickstrom moved, seconded by Aho, to adopt Resolution No. 2013-94 approving the submittal of portions of the I-35W/I-494 interchange improvement project for consideration by the state of Minnesota 2013 Corridors of Commerce program. Motion carried 4-0. XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR 1. Lease Assignment for City Owned Property at 8098 Glen Lane (Ace Day Care) Jeremiah said the current tenants of the property at 8098 Glen Lane are selling the business to Roda Farrah Mohamed of Lighthouse Day Care. Ms Mohamed is an Eden Prairie resident and has a lot of experience running a day care. The current lease requires the City to approve any assignment. The lease assignment would not change any terms of the agreement. Tyra-Lukens said the City acquired the property because of improvements to Singletree Lane, but she did not think the City should own it for any length of time. She asked if the new tenants know that we intend to sell this in the near future. Jeremiah replied the tenants are aware that the City may decide to sell the property. She said we decided to hold it for a couple of reasons: the price to pay for the right-of-way was very high, and we were not certain where the LRT station and LRT parking might be located. The issue with the LRT does not seem to be a factor now. Tyra-Lukens asked if the property could be added to other property to do a major redevelopment in the area. Jeremiah said it would be difficult to do anything substantial on it other than redevelopment. MOTION: Aho moved, seconded by Nelson, to approve the lease assignment between the City of Eden Prairie and Lighthouse Daycare for the City owned property located at 8098 Glen Lane. Motion carried 4-0. CITY COUNCIL MINUTES October 15, 2013 Page 7 D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Butcher Wickstrom moved, seconded by Aho, to adjourn the meeting. Motion carried 4-0. Mayor Tyra-Lukens adjourned the meeting at 7:34 PM. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar November 19, 2013 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 Raffle Organization: Foundation for Eden Prairie Schools Event: Taste of Eden Prairie Place: MN Vikings Fieldhouse 9520 Viking Drive Date: February 22, 2014 Temporary Liquor Organization: Foundation for Eden Prairie Schools Event: Taste of Eden Prairie Date: February 22, 2014 Place: MN Vikings Fieldhouse 9520 Viking Drive Amendment to Liquor License 2AM Closing Permit-Renewal IESANDERS, LLC DBA: Panino Brothers 8335 Crystal View Road Champps Operating Corporation DBA: Champps Americana 8080 Glen Lane - 1 - CITY COUNCIL AGENDA DATE: November 19, 2013 SECTION: Consent Calendar DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.B. Cliff Cracauer 2014 Vehicle &Equipment Replacement Public Works/Fleet Services Fund Schedule Requested Action Move to: Approve purchase of replacement vehicles and equipment as listed in the 2014 Budget and as itemized in the attached schedule. Synopsis The Equipment Replacement Fund was developed by Fleet Services to provide a 15-year projection of equipment needs and a corresponding replacement schedule for each vehicle. Annual budget requests are created from this schedule, which determines a spending amount that is included for approval in the operating budget. When the details of each replacement/purchase are finalized, including testing the vehicles against our replacement policy guidelines, the final list is prepared and submitted for approval—the requested action. The attachment for the 2014 Vehicle and Equipment Purchase List shows a net impact to the Internal Service Fund reserve of$12,633, in addition to the spending level established in 2014 budget of $751,117. The $12,633 will come from the internal service fund reserve that allows us to level out the annual spending and eliminate the spikes and valleys that can occur with high value equipment purchases. Attachment 2014 Replacement Vehicle and Equipment Purchase List TO: Robert Ellis FROM: Cliff Cracauer DATE: November 5, 2013 SUBJECT: 2014 Replacement Vehicle Purchases—Fleet Capital Internal Service Fund Here is the list of replacement vehicles and equipment for the year 2014 these costs include vehicle set-up, special equipment, lighting and taxes: Service Area MI Replacement Total Cost Streets 102 Mower $ 57,000.00 134 Roller $ 21,000.00 167 Class 8 Truck $ 210,000.00 169 Class 8 Truck $ 202,000.00 Subtotal $ 490,000.00 Police 219 SUV $ 37,000.00 223 Automobile $ 32,000.00 251 Automobile $ 30,000.00 262 Automobile $ 36,000.00 268 Pickup 4x4 $ 30,000.00 280 Automobile $ 30,000.00 294 Automobile $ 32,750.00 Subtotal $ 227,750.00 Fire 357 SUV $ 43,000.00 310 CUV $ 25,000.00 Subtotal $ 68,000.00 Park Maintenance 408 Mower $ 15,000.00 423 Bus $ 50,000.00 426 Mower $ 28,000.00 442 Pickup 4x4 $ 43,000.00 448 Pickup 2wd $ 25,000.00 Subtotal $ 161,000.00 Facilities 515 Pickup 2wd $ 21,000.00 Engineering 601 CUV AWD $ 25,000.00 615 CUV $ 21,000.00 Subtotal $ 46,000.00 K:\Maintenance Facility\Cliff\Consent Calendar--2014 Replacement Vehicle Purchases-11-05-13 Total all purchases $ 1,013,750.00 Less salvage value $ 250,000.00 Total Equipment Fund $ 763,750.00 K:\Maintenance Facility\Clift\Consent Calendar--2014 Replacement Vehicle Purchases-11-05-13 TO: Robert Ellis FROM: Cliff Cracauer DATE: November 5, 2013 SUBJECT: 2014 Replacement Vehicle Purchases—Utilities Enterprise Fund (Water, Sewer, Storm) Here is the list of replacement vehicles and equipment for the year 2014: Service Area OW Replacement Total Cost Water/Utility 702 Pickup $ 38,000.00 726 Pickup $ 38,000.00 $ 76,000.00 Salvage (25,000.00) Total S 51,000.00 K:\Maintenance Facility\Clift\Consent Calendar--2014 Replacement Vehicle Purchases-11-05-13 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar November 19, 2013 DEPARTMENT/DIVISION: ITEM DESCRIPTION: #11-5799 ITEM NO.: VIII.C. Carter Schulze Approve Change Order No. 1 for the Public Works/Engineering northern segment of the Shady Oak Road Improvements Requested Action Move to: Approve Change Order No. 1 for the northern segment of the Shady Oak Road Improvements in the amount of$249,465.51. Synopsis Change Order 1 consists of additional costs resulting from; repair of deteriorating water main discovered during construction, United Health Group (UHG) requesting that the City's contractor remove and replace storm sewer that was in conflict with the roadway connection to their campus, and changes to field conditions during construction. Staff recommends approval of the changes. Background Information Construction on the project began in October 2012 and will be substantially complete as of November 2013. Change order 1 is an accumulation of several changes that occurred over that period. During the course of construction, the contractor discovered a section of deteriorated water main that was leaking. It was determined that the entire length of water main along Shady Oak Road between W 62nd St and City West Pkwy should be replaced with the project since it was all originally constructed at the same time. The total cost for this work is $67,011.44. The roadway profile connecting UHG's site to City West Pkwy was changed after storm sewer had already been installed. UHG requested the storm sewer be relocated by the City's contractor and include the cost with the roadway project thereby including the costs in UHG's special assessment budget. The total cost for this work is $95,408.10. Field changes resulting in additional cost include; Signal systems changes, temporary pavement repairs, Shady Oak Center sign relocation, addition of a small retaining wall, relocation of two Super America signs, and relocating of signal conduit to allow for UHG trees in the boulevard. More detail on each change is included with the attached change order form. Financial Implications With this Change Order, the total contract amount increases from$7,998,360.45 to $8,247,825.96. As defined in the UHG Developer's Agreement, UHG is responsible for the majority of the costs for the project including all of the change order costs with the exception of the water main, which will be funded by the City. Attachments • Change Order No. 1 November 12,2013 CHANGE ORDER NO. 1 Project: C.S.A.H. 61 (Shady Oak Road) Eden Prairie,Minnesota SP 2773-11 City Project No. 11-5799 To: Max Steininger,Inc. You are hereby directed to make the changes noted below in the contract. ITEM DESCRIPTION OF CHANGES 1. SUPPLEMENTAL AGREEMENT NO.1 a. Repairs to Existing Watermain: During installation of the gate valve at southbound Shady Oak Road sta. 449+99, it was discovered that the existing watermain was pitted, crushed, leaking and in excess of 15' deep. The City of Eden Prairie requested that the watermain along southbound Shady Oak Road,from Old Shady Oak Road to sta.451+55,be replaced and installed at normal depth. There were two deep connections at sta. 450+45 and sta. 451+55. The city reviewed the condition of the existing gate valves and pipe at the north end to determine the extent of the replacement. Payment for this item was determined on negotiated unit prices. 2. SUPPLEMENTAL AGREEMENT NO.2 a. Storm Sewer Relocation: The storm sewer on the north leg of the City West Parkway Roundabout,from northbound UHG Drive sta. 901+13 to sta. 902+20,was installed by a private development and in conflict with the proposed pavement section. The existing 36"storm sewer was removed and the structure at sta. 901+41 was salvaged. The Contractor installed new 36" storm sewer, the salvaged structure, and two new structures. The relocation of the storm sewer included removing bituminous pavement, placing aggregate base and grading the area prior to paving. Payment for this item was determined on negotiated unit prices. 3. WORK ORDER NO. 1 a. Signal System B and West 6r1 Street Lighting Source of Power Change: Xcel Energy did not locate the source of power for Signal System B (West 62nd Street intersection)and the West 62nd Street Lighting System per plan. Additional conduit and wiring was required to supply power to these systems. Payment for this item was determined on negotiated unit prices. 4. WORK ORDER NO.2 a. Repairs to Temporary Pavement: An increase in truck traffic hauling material to/from an adjacent private construction site damaged the temporary pavement along southbound Shady Oak Road from sta. 464+00 to sta. 465+35. The damaged pavement and subgrade was removed and replaced with 12" of aggregate base and 6" of bituminous pavement. Pavement for this item was determined on negotiated unit prices. 5. WORK ORDER NO.3 a. Shady Oak Center Sign Relocation: During construction, the Shady Oak Center sign at northbound sta. 344+54 was not relocated by the property owner and had to be completed by the project in order to construct the road and trail. The existing sign panel was salvaged and installed on a new concrete base with pattern and color to match the retaining walls along the corridor. Payment for this item was determined on negotiated lump sum price. 6. WORK ORDER NO.4 a. Construct Limestone Retaining Wall: The plans called for the commercial sign at northbound Shady Oak Road sta. 363+04, to be relocated by others. The sign was not relocated by the property owner and a retaining wall was needed between the sign and trail.A limestone retaining wall,matching an existing planting bed,was constructed in lieu of relocating the sign.Payment for this item was determined on negotiated lump sum price. 7. WORK ORDER NO.6 a. MnDOT TMS Source of Power Change: Xcel Energy did not locate the source of power for MnDOT TMS per plan. Additional conduit and wiring was required to supply power to this system.Payment for this item was determined on negotiated unit prices. 8. WORK ORDER NO.7 a. Revise Temporary Signal System: During construction the relocation of the Xcel overhead power line along West 62nd Street was behind schedule and in conflict with Temporary Signal System B (West 62nd Street intersection). This required revising the signal system until the overhead line was relocated.Payment for this item was determined on negotiated lump sum price. 9. WORK ORDER NO.8 a. Relocate Sign Type A: The location of the Super America Car Wash sign at southbound Shady Oak Road sta. 447+00,was too close to the excavation of Retaining Wall A and had to be removed to safely construct the wall.To comply with current electrical code,a new concrete base,conduit and wiring was required.Payment for this item was determined on negotiated unit price. 10. WORK ORDER NO.10 a. Design H Light Base Foundations: The plans called for Light Base Design E for the installation of salvaged light poles along the T.H. 62 ramps. These bases are for light poles up to 40' in height; however the existing light poles are 49' and require a Design H base. Payment for this item was determined on negotiated unit prices. 11. WORK ORDER NO.11 a. Relocate Sign Type B: The location of the Super America Entrance sign along Old Shady Oak Road was in conflict with the proposed sidewalk and had to be relocated.The sign was salvaged,concrete base removed,conduit&wiring revised to the new concrete base and sign installed.Payment for this item was determined on negotiated unit price. 12. WORK ORDER NO.12 a. Relocate Utility: During construction, the adjacent private development requested to plant trees in the boulevard along the south side of West 62nd Street. The 2"rigid steel conduit was already installed per the plan and had to be excavated and moved to the back of curb to allow for tree plantings.Payment for this item was determined on negotiated lump sum price. Measured ADD the following costs to the contract: Unit Unit Price Quantity Amount 1. Supplemental Agreement#1 a. Remove Water Main Lin Ft $16.50 166 $2,739.00 b. Abandon Water Main Lin Ft $8.80 470 $4,136.00 c. Connect to Existing Water Main Each $2,145.00 3 $6,435.00 d. 6"Gate Valve&Box Each $1,394.80 1 $1,394.80 e. 8"Gate Valve&Box Each $1,828.20 4 $7,312.80 f. 6"Watermain Ductile Iron CL 52 Lin Ft $60.50 59 $3,569.50 g. 8"Watermain Ductile Iron CL 52 Lin Ft $65.45 610 $39,924.50 h. Watermain Fittings Pound $1.65 909 $1,499.84 Subtotal $67,011.44 2. Supplemental Agreement#2 a. Relocate 36"Storm Sewer Lump Sum $86,549.10 1 $86,549.10 b. Adjust CB's in Curb Line Each $2,559.70 2 $5,119.40 c. Project Management Hours $165.00 10 $1,650.00 d. Adjust Frame&Ring Casting Each $275.00 2 $550.00 e. Aggregate Base Class 5 Ton $38.50 36 $1,386.00 f. Fine Grading for Paving Sq Yd $0.60 256 $153.60 Subtotal $95,408.10 3. Work Order#1 a. 1.5"Non-Metallic Conduit Lin Ft $6.73 20 $134.60 b. Underground Wire 1 Cond No 1 Lin Ft $3.76 60 $225.60 c. Underground Wire 1 Cond No 3 Lin Ft $3.01 840 $2,528.40 d. Underground Wire 1 Cond No 6 Lin Ft $1.89 20 $37.80 e. 2"Rigid Steel Conduit Lin Ft $20.34 280 $5,695.20 Subtotal $8,621.60 4. Work Order#2 a. Remove Bituminous Shoulder Pavement Sq Ft $1.71 2330 $3,984.30 b. Excavation-Common Cu Yd $15.65 101 $1,580.65 c. Subgrade Preparation Sq Yd $2.95 259 $764.05 d. Aggregate Base Class 5 Ton $15.25 156 $2,379.00 e. Type SP 12.5 Wearing Course Mix(3,B) Ton $115.50 88 $10,164.00 Subtotal $18,872.00 5. Work Order#3 a. Relocate Shady Oak Center Sign Lump Sum $22,615.84 1 $22,615.84 6. Work Order#4 a. Construct Limestone Retaining Wall Lump Sum $4,895.00 1 $4,895.00 7. Work Order#6 a. 2"Non-Metallic Conduit Lin Ft $8.23 256 $2,106.88 b. Power Cable 1 Conductor No 6 Lin Ft $1.89 768 $1,451.52 Subtotal $3,558.40 8. Work Order#7 a. Revise Temporary Signal System System $3,064.07 1 $3,064.07 9. Work Order#8 a. Relocate Sign Type A Each $1,288.50 1 $1,288.50 10. Work Order#10 a. Light Base Design E Each $634.47 -8 -$5,075.76 b. Light Base Design H Each $1,687.04 8 $13,496.32 Subtotal $8,420.56 11. Work Order#11 a. Relocate Sign Type B Each $1,910.00 1 $1,910.00 12. Work Order#12 a. Relocate Utility Lump Sum $13,800.00 1 $13,800.00 TOTAL ADDITIONS $254,541.27 TOTAL DELETIONS $5,075.76 ORIGINAL CONTRACT AMOUNT $ 7,998,360.45 TOTAL ADDITONS $ 254,541.27 TOTAL DELETIONS $ 5,075.76 TOTAL CHANGE RESULTING FROM THIS CHANGE ORDER $ 249,465.51 TOTAL CONTRACT VALUE INCLUDING THIS CHANGE ORDER $ 8,247,825.96 THE ABOVE CHANGES ARE APPROVED: SRF CONSULTING GROUP, INC. CITY OF EDEN PRAIRIE By By Project Manager City Manager Date Date THE ABOVE CHANGES ARE ACCEPTED: MAX STEININGER,INC. CITY OF EDEN PRAIRIE By By Mayor Date Date H.•IProjectslln-Construction178911Contract Changes, WO,CO,SAIChange OrderISAP 181-020-028_Change Order 1.docx CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar November 19, 2013 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.D. Office of City Manager Declare obsolete computer equipment as Kristi Etter, IT Manager surplus Requested Action Move to: Declare obsolete equipment as surplus and authorize the City Manager to dispose of property to manage end of life computers, monitors and electronics using Asset Recovery Corporation's services and the State of Minnesota as authorized under City Code Section 2.86, Subd. 3. Synopsis The City has a surplus of obsolete computer equipment. The equipment is of no use and will be recycled for the cost of$.14 or $.17 per pound, depending on the type, as shown below. Misc. electronics $0.14 per pound Monitors and TVs $0.17 per pound There will be a credit given of$0.15 per pound for PCs (desktops and towers). All equipment will be disposed of as authorized by City Code Section 2.86, Subd. 3. Attachment List of surplus equipment Item Make Model Laptop Dell Latitude D600 Laptop Dell Latitude D400 Laptop Dell Latitude D400 Laptop Dell Latitude D400 Laptop Dell Latitude D400 Laptop Dell Latitude D610 Laptop Dell Latitude D600 Laptop Dell Inspiron 500m Laptop Dell Latitude D620 Laptop Dell Latitude D620 Laptop Dell Latitude D620 Laptop Dell Latitude D630 Laptop Dell Latitude D400 Laptop Toshiba Portege M200 Laptop Dell Latitude D400 Laptop Dell Latitude D600 Laptop Dell Latitude D620 Laptop Dell Latitude D400 Laptop Dell Latitude D400 Laptop Dell Latitude D400 Laptop Dell Latitude D400 Laptop Toshiba Portege M200 Laptop Toshiba Portege M200 Laptop Toshiba Portege M200 Laptop Dell Inspiron 5000 Laptop Toshiba Portege 3500 Laptop Dell Latitude D400 Laptop Toshiba Portege M200 Laptop Dell Latitude D600 Laptop Toshiba Portege 3500 Laptop Toshiba Portege M200 Laptop Toshiba Portege M200 Laptop Toshiba Portege M200 Laptop Toshiba Portege M200 Laptop Dell Latitude D400 Laptop Dell Latitude D400 Laptop Dell Latitude D400 Laptop Dell Latitude D600 Laptop Dell Latitude D600 Laptop Dell Latitude D600 Laptop Dell Latitude D600 Laptop Dell Latitude D620 Netbook HP Mini 110-3098NR Netbook HP Mini 210-1076NR Netbook HP Mini 210-1076NR Netbook HP Mini 210-1076NR Netbook HP Mini 210-1076NR Netbook HP Mini 210-1076NR Netbook Dell Inspiron Mini 10 PP19S Netbook Dell Inspiron Mini 10 PP19S Netbook Dell Inspiron Mini 10 PP19S Netbook HP Mini 210-1076NR Backroom Typewriter IBM Correcting Selectric II Monitor Dell 1707FPt Phone Premier 7150 HAC Phone Telematrix TMX 550 Printer Canon BJC-4300 Phone Telematrix TMX 550 Mouse Logitech C-BF16-MSE Mouse HP M-SBF96 Power Supply HP PC6019 Switch Linksys EZXS88W Keyboard HP KU-0316 Keyboard HP KU-0316 Keyboard HP KU-0316 Keyboard HP KB-0316 Keyboard Dell SK-8115 Keyboard Dell SK-8115 Mouse Dell M-UVDEL1 Modem MultiTech MT202TD Modem MultiTech MT202TD Modem WestTell 28MA31 Monitor Dell P793 Monitor Dell E770s Battery Backup Liebert GXT2-700RT120 Battery Backup Liebert GXT2-700RT120 Laser Printer Brother MFC4800 Laser Printer Dell 4500-0d2 Camera Control Unit Sony CCU-M5 Monitor Dell E77p Battery Backup MinuteMan Enterprise E 1100 Video Monitor Ademco AMM17 Computer HP Vectra VE Computer HP Vectra XM Monitor Dell M782p Monitor Dell M782p TV GE 19TVR60 Computer Dell Optiplex GX520 Computer Dell Dimension 2400 Computer Dell Optiplex 755 Computer Dell Optiplex 745 Computer Dell Optiplex GX270 Computer Dell Optiplex GX620 Computer Dell Optiplex 745 Computer Dell Optiplex 745 Computer Dell Dimension 2400 Computer Dell Optiplex GX620 Computer Dell Optiplex GX520 Computer Dell Optiplex GX620 Computer Dell Optiplex 745 Computer Dell Optiplex 745 Computer Dell Optiplex 745 Computer Dell Optiplex 745 Computer Dell Optiplex 745 Computer Dell Optiplex 745 Computer Dell Optiplex 745 Computer Dell Optiplex GX620 Computer Dell Optiplex 745 Computer Dell Optiplex GX520 Computer Dell Optiplex GX520 Computer Dell Optiplex 745 Computer Dell Optiplex GX620 Computer Dell Optiplex GX280 Computer Dell Optiplex 755 Computer Dell Dimension 4550 Computer Dell Optiplex GX270 TV Sony FWD42PV1 TV Sony FWD42PV1 TV Sony FWD42PV1 TV Sony FWD42PV1 DVD Optical Drive Toshiba TS-H653 Surge Protector TORO 52002 Surge Protector Perma Power RT610 Surge Protector ELECTRIPAK E60767 Surge Protector EFI Electronics PowerTracker 1000 P-1ES Mouse Dell HS74913OH8V Keyboard Dell SK-8115 Keyboard Microsoft X800121-100 Keyboard Dell SK-8115 Mouse Dell M-UVDEL1 Video Card ATI 102A9240520 000005 Video Card ATI 102A9240520 000005 Phone Vtech IA5879 Phone Panasonic KX-TGA248S Mouse HP MOAFUO AC Adapter RadioShack AD-352 Phone RadioShack 07A00 AC Adapter Dell HP-AF065B83 Keyboard Dell RT7D50 Surge Protector Sears 5769 Laptop Dock Dell PR01X Impulse Sealer Midwest Pacific MP-8 Switch Linksys SD208 Monitor Dell E176FPc Computer Dell Optiplex 170L Keyboard Dell SK-8115 Keyboard Pelco 5211AU Switch Linksys EG008W v3 Finger Print Scanner Identix DFR 2100 Mouse Dell M-UK DEL3 Mouse Pelco M-UAE96 Mouse Dell M056U0A AC Adapter Dell LA90PS0-00 Surge Protector MGE UPS SYSTEMS 83501 Laptop Dock Dell PR01X Laptop Dock Dell Laptop Dell Latitude D620 Computer Compaq Presario SR1030NX Blade Server HP Agency Series ES1016 Blade Server Dell PowerEdge 650 Blade Server Dell PowerEdge 2650 Blade Server HP Agency Series ES1016 Blade Server HP Agency Series ES1016 Blade Server HP HSTN5-1015 LTO Library Dell Power Vault 132T Computer Dell Optiplex GX620 Computer Dell Optiplex 745 Computer Dell Optiplex 745 Computer Dell Optiplex GX270 Computer Dell Optiplex GX620 Computer Dell Optiplex GX620 Computer Dell Precision 370 Computer Dell Optiplex 745 Computer Dell Optiplex 745 Computer Dell Optiplex 755 Computer Dell Optiplex GX620 Computer Dell Optiplex 745 Computer Dell Optiplex GX280 Laptop Dell PP18L Computer Dell Optiplex GX620 Computer Dell Optiplex GX280 Printer HP LaserJet 1012 Battery Backup Liebert GXT2-700RT120 Blade Server Dell PowerEdge 860 Power Lock ESP D113Z6T Serial # PC Name/Login CN-0G5152-48643-4AD-5291 SM8548-LAP CN-0K8077-70166-531-A06W FRMU12 CN-0K8077-70166-531-A06D user-PC CN-0K8077-70166-531-A04Y FRMU08 CN-0W0327-70166-370-A081 laptop CN-0C4708-48643-547-0720 PSPOWERPOINT CN-0G5152-48643-462-1035 COMMLAP CN-04Y212-48643-37H-3767 IN8356 CN-0TD761-12961-68N-3839 PS6238-NOTEBOOK CN-0KX350-12961-74G-2821 Doesn't Boot (Bad Motherboard?) CN-OKX350-12961-6CJ-8984 Doesn't Boot (Bad Motherboard?) CN-0KU 184-12961-891-BB63 IN8352 CN-0K8077-70166-531-A066 FRMU10 14124945PU epsqd22 CN-0K8077-70166-531-A06J FRINV01 CN-0G5152-48643-46F-4252 IT-LAP2 (NO HDD) CN-0TD761-12961-696-D587 No Bootable Devices CN-0W0327-70166-370-A087 IT-PAGER CN-0W0327-70166-370-A08O FRMU01 CN-0W0327-70166-370-A08Z Cannot Boot- User: epsqd25 CN-0K8077-70166-531-A05Q FRMU07 34092789PU EPSQD01 PSLRD3 34126934PU EPSQD01 PSLRD2 14080529PU EPSQD01 PSLRD4 Service Tag: 256-876-45 Hanson 4? IT DEPT LAPTOP 2 33125329P Citymap CN-0K8077-70166-531-A05B FRMU11 24041450PU EPSQD01 PSLRD1 CN-0G5152-48643-46F-4273 IT-LAP4 33125230P JUNDESSER 34126959PU EPIT-PAGER 34020699PU EP-PAGER 34093266PU PSMU15? 14111648PU EPSQD23 CN-0K8077-70166-531-A06G user-c3cc4987a1 CN-0W0327-70166-370-A09C FRMU04 CN-0W0327-70166-370-A08M FRMU02 CN-0G5152-48643-46F-4270 Does Not Boot CN-0D2125-48643-4BK-3825 FR8337-LAP CN-0G5152-48643-46F-4242 Does Not Boot CN-0G5152-48643-462-0954 POWERPOINT IT-LAP8 CN-0TD761-12961-68N-2566 IT-LAPTOP3A 5CH1040CMB Joyce CNF0285QFB it8551-netbbok/Andy CNF0276VWT Ntyra-Lutkins CNF0285QJ7 Bill W CNF0264J4V cmember CNF0285QF3 Does Not Boot. No OS? Service Tag: GFSG4L1 FCMIN102 Service Tag: 8NRG4L1 Cannot Power On (No AC Adapter) Service Tag: GCSG4L1 FCMIN101 CNF0276HQF dispatch 3796208 C N-0CC 280-71618-61 C-A E R H OROX-51GQ7 372 T05913412HK ENH62778 T05913412HK LZB40354101 417441-001 460974-001 BAUHPOGVBYSEOH BAUHPOGVBY5G7P BDAGPONGA3Q41Q BAU DROJVBZCT80 CN-0DJ 331-71616-7C 1-OCK7 C N-0 DJ 3 31-71616-71 Q-O N 6A HC652000EXF 2992653 2992620 A90-28MA31 MY-04D025-47603-DBP8 MY-02010V-47603-146-B R5 E 521800057AF011 06269R0099AF011 U56578K1J704702 KR-07Y599-05958-430-955X CG 722349 MX-0419TG-47801-1AN-B26F EC60021101141 M 1100188 U573727279 U562351069 CN-01K525-47803-319-L59M CN-01K525-47803-292-GCPP 818215120 GKTMC91 CN-0Y0919-70821-36N-39PF 3TNvwC1 H88MYC1 241FB31 9R6WKB1 C3SQWC1 83F0BC1 C7S9631 3GHXBB1 FKTMC91 26XV5B1 5QQJ5D1 DWNVWC1 JQXJNCI FYXWCD1 5ZOMYC1 239L9C1 22QJ5D1 JQ6WKB1 525LVC1 FTN3W91 DKTMC91 FVNVWC1 FH7WKB1 4H56381 HYPWMF1 4CJN621 2FRKG51 6709903 6709953 6710023 6709990 Q2686GBQ753285 0000-147 4695 C57-71-24063 8242-0441B XN966 CN-0DJ331-71616-7C6-0E51 7421700050540 CN-0 DJ 331-71616-748-0T28 LNA41397426 260713004695 260709000138 DV500338603 6DANB037213 265986-011 4017383 CN-0KC529-47890-685-0469 CN-0W7658-37172-66C-045A CN-02 U442-48643-45 H-1771 E150458 REG10FA09493 CN-OM C040-64180-598-OH N L B8KQY81 CN-014628-71616-59 N-064D G8070025638 RDV20G400822 GGB1508 JJ 01889 HCD54197055 LZ814AA0125 FORO1N91 CN-0DF266-71615-694-1904 115193 CN-02U442-48643-45H-1783 CN-0UC795-42940-6AA-00L6 CN-0TD761-12961-666-4216 MXK4210X69 EABLKJNZ3T 3PJR241 8Z26M11 D315LDN1H490 EALPLJC12L 2UX60202BC 472J313011210 3TN6W91 80PVWC1 DZNVWC1 C34C551 4CHXBB1 1W7WKB1 71W6F61 J15LVC1 72FOBC1 GWKN3H1 HW7WKB1 235LVC1 CMPNR71 CN-0W M416-12961-811 5V7WKB1 GGOCS71 CNFB416156 0521800052AF011 H5T8DF1 135943 CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda November 19, 2013 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO: VIII.E. Administration, Alecia Rose, Letter Agreement with Genesis for Health Human Resources Manager Savings Account Administration Requested Action Move to: Approve Letter of Agreement with Genesis for Health Savings Account Administration. Synopsis As part of the overall health insurance strategy, the City will be offering Health Savings Accounts coupled with insurance options in 2014. City staff worked with CBIZ (health insurance consultants) and received four quotes from Genesis, US Bank, Wells Fargo, and HSA Bank. The fees for account administration, account holders, and investment options varied between the banks. Genesis offered the greatest ease of administration for employees and the City as our Health Reimbursement Arrangements, Retiree Medical Savings Accounts, and Flexible Spending Accounts are already administered by them. Attachment Letter of Agreement Genesis and the City of Eden Prairie HEALTH SAVINGS ACCOUNT ADMINISTRATION AGREEMENT effective January 1, 2014 between Genesis Employee Benefits, Inc. ("Administrator") and City of Eden Prairie ("Employer") WHEREAS, Employer contributes to health savings accounts on behalf of its eligible employees; and WHEREAS, Administrator performs services with respect to establishing and operating health savings account programs; and WHEREAS, Employer desires that Administrator furnish certain services described in this Agreement in the operation and administration of its health savings account program. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, and the exhibits, if any, attached hereto, Employer and Administrator hereby agree as follows: I. Definitions The following definitions shall apply to this Agreement: A. Administrative Services - means those services relating to the administration of the HSA Program to be performed by Administrator as set forth in this Agreement and the exhibits hereto. B. Administrator — means Genesis Employee Benefits, Inc., an independent contractor designated to perform certain administrative services pursuant to this Agreement with respect to the HSA Program. C. Agreement - means this Health Saving Account Administration Agreement and any exhibits attached hereto and any outside agreements specifically incorporated by reference. D. Code - means the Internal Revenue Code of 1986 and regulations thereunder, as amended from time to time. E. Custodian/Trustee — means Healthcare Bank, an entity qualified to be a custodian or trustee of health savings accounts as provided in Code Section 223. ©2013 Genesis Employee Benefits, Inc. 1 Health Savings Account Administration Agreement (No. 13.0.0.0) F. Effective Date - means the date upon which this Agreement is first effective, January 1, 2014. G. Employer — means City of Eden Prairie. H. HSA — means a health savings account, as defined in Code Section 223, established by or on behalf of a Participant as part of the HSA Program. To constitute an HSA for purposes of this Agreement, the HSA must be established with the Custodian/Trustee. I. HSA Program — means a program established by Employer by which Employer makes contributions to health savings accounts established by or for certain eligible employees of Employer. J. Participant — means an employee or former employee of Employer participating in the HSA Program in accordance with the terms thereof. II. Administrator Responsibilities A. Status of Administrator. Employer shall not (1) name Administrator as the trustee or custodian of the HSAs, nor (2) hold out to third parties that Administrator serves in such capacity. In addition, Administrator does not intend to assume any of the responsibilities commensurate with such designation. B. Capacity of Administrator. In fulfilling its duties and obligations under this Agreement, Administrator shall act as the administrative agent of Employer and does not intend to be a trustee or custodian of the HSA assets. C. HSA Eligibility. Administrator shall assist Employer's employees to determine whether they are eligible for contributions to a health savings account based upon information provided by such employees. Notwithstanding the foregoing, it shall be the ultimate responsibility of each employee to determine whether he or she is eligible for contributions to a health savings account. D. Establishing HSAs. Administrator shall provide to the Participants instructions regarding establishing their HSAs with the Custodian/Trustee. Administrator shall input participant data from Employer necessary for the establishment of the HSAs into the Custodian/Trustee's system. E. Debit Cards. Administrator shall obtain and transfer to the debit card issuer all information necessary for the issuance of debit cards (if any) to the Participants. F. Custodian/Trustee Information. Administrator shall provide to the Participants information regarding contacts at the Custodian/Trustee to ©2013 Genesis Employee Benefits, Inc. 2 Health Savings Account Administration Agreement (No. 13.0.0.0) allow the Participants to make changes to their account information on file with the Custodian/Trustee. Notwithstanding the foregoing, it shall be the responsibility of the Participant to ensure his/her account information is up-to-date. G. Contributions. Administrator shall instruct Employer regarding the manner in which contributions will be transferred to the Participants' HSAs (including contributions made via salary reduction through Company's Section 125 cafeteria plan), along with such information as is necessary for the Custodian/Trustee to allocate such contributions to the correct HSAs. In performing this service, Administrator is entitled to rely upon the information provided by Employer. H. Contribution Limits. Administrator shall respond to inquiries from Employer regarding whether the contributions described above exceed the contribution limit established by the Code. In performing this service, Administrator is entitled to rely upon the information provided by Employer. Notwithstanding the foregoing, Employer is responsible for all applicable tax reporting (e.g., Form W-2) and withholding responsibilities resulting from excess contributions. I. Comparable Contributions. If Employer's HSA contributions are subject to the comparable contribution requirements of Section 4980G of the Code, Administrator shall assist Employer, based upon information provided by Employer, with determining whether such contributions are comparable. Administrator may rely upon the information provided by Employer in performing this service. Notwithstanding the foregoing, it shall be Employer's ultimate responsibility for ensuring its contributions comply with the comparable contributions rules, if applicable. J. Participant Inquiries. Administrator shall provide customer service with respect to inquiries from Participants regarding their HSAs. Administrator shall provide a website that Participants may access for the purpose of obtaining HSA account balance information. K. Distributions. Distributions from an HSA are made via debit cards, checks, or direct deposit. For distributions made other than by debit card, Administrator will make available to Participants a website through which reimbursements may be requested and will process such requests, in cooperation with the Custodian/Trustee. Notwithstanding the foregoing, in no case will Administrator review or otherwise substantiate the reason or purpose of the request for distribution. Participants are able to request a distribution for any purpose and are solely responsible for determining and reporting any tax applicable to a distribution. ©2013 Genesis Employee Benefits, Inc. 3 Health Savings Account Administration Agreement (No. 13.0.0.0) L. Account Servicing and Employee Communication. Administrator shall make available to Employer a client service representative to respond to questions regarding general administrative issues. M. Compliance with Applicable Law. Administrator shall comply with alle federal and state laws and regulations applicable to Administrator's responsibilities under this Agreement. N. Insurance. Administrator shall maintain professional liability and errors and omissions insurance in the amount of $2,000,000.00. O. Subcontractors. Administrator may hire subcontractors to perform any of the services required of it under this Agreement and to act as its designee for purposes of this Agreement. ©2013 Genesis Employee Benefits, Inc. 4 Health Savings Account Administration Agreement (No. 13.0.0.0) III. Duties of Employer A. Establishment and Maintenance. Employer shall establish and maintain the HSA Program. If necessary, Employer shall obtain the high deductible health plan coverage that qualifies employees to make or receive HSA contributions and determine that such coverage meets the requirements of Code Section 223. In accordance with this Agreement, Administrator shall provide Administrative Services to Employer in connection with the operation and administration of the HSA Program. B. Contributions. Employer is solely responsible for funding and making contributions to the HSAs as required by the HSA Program. Employer shall authorize Administrator to make ACH transfers from an Employer bank account to the Custodian/Trustees for the purpose of making HSA contributions (including contributions made via salary reduction through Employer's Section 125 Cafeteria Plan) to a Participant's HSA. Administrator shall make such transfers at the appropriate times. However, Administrator is not responsible for ensuring Employer's bank account has sufficient funds to cover such transfers. In the event Employer fails to make sufficient funds available, Administrator will have no responsibility or liability whatsoever for making the contributions on Employer's behalf. C. Custodian/Trustee Fees. If such fees are not deducted directly from the HSAs, Employer shall pay all applicable fees charged by the Custodian/Trustee with respect to the HSAs. D. Payment of Administrative Services Fees. In consideration of Administrator's performance of the services described in this Agreement, Employer shall pay to Administrator the administrative fees described in Exhibit A. 1. Failure to Pay. Fees are due fifteen (15) days from the date of the invoice. Any failure to pay any such fees within thirty (30) days of the date upon which they are due may, at Administrator's option, result in (1) the imposition by Administrator of a late fee equal to the lesser of (i) 1.5% of the outstanding balance or $75 per month, whichever is greater, or (ii) the maximum amount allowed by the usury laws of the applicable state, and/or (2) the suspension of performance of Administrator's services under this Agreement until such time as such fees are paid or this Agreement is terminated. 2. Increases. Administrator reserves the right to charge additional fees for repeating, or expanding the scope of, its services due to inaccurate, incomplete, or unusable data supplied by Employer. ©2013 Genesis Employee Benefits, Inc. 5 Health Savings Account Administration Agreement (No. 13.0.0.0) 3. Fees for Additional Services. In the event additional services that are not part of the normal Administrative Services contemplated by this Agreement are required, Administrator may charge Employer an additional fee commensurate with the additional services provided. Such additional services may include, but are not limited to, the provision of notices or other related services required by or related to an amendment to applicable law occurring after the Effective Date. Administrator will inform Employer of the amount of the additional fee in advance of conducting the additional services. E. Regulatory Compliance. Employer shall be responsible for compliance with applicable laws and regulations pertaining to the HSA Program, including the requirement to report all HSA contributions on a Participant's Form W-2. Employer shall be responsible for any and all governmental or regulatory charges resulting from Employer's establishment and operation of the HSA Program. This provision does not relieve Administrator from any statutory or agency requirements placed directly on it as a result of performing services under this Agreement. F. HSA Program Eligibility. Employer possesses and exercises ultimate authority and responsibility for determining eligibility for the HSA Program. G. Information. Employer shall comply with all requests for information made by Administrator reasonably necessary for Administrator to fulfill its duties under this Agreement. Any documentation received by Employer that should have been provided to Administrator shall be promptly forwarded to Administrator. H. Authorized Representatives. Until otherwise advised in writing by Employer, Administrator may accept the authority and rely upon the instructions of, or documents signed by, any representatives of Employer listed in Exhibit B. Additional documentation, specifying persons authorized for various purposes, may also be executed by the parties from time to time, and Administrator shall be entitled to rely upon such documentation without questions, unless it has actual knowledge that such person's authority has been revoked. I. Legal Obligations. Employer shall possess ultimate responsibility and authority for the operation of the HSA Program and for its compliance with all applicable laws and regulations applicable to the HSA Program. IV. Records & Information A. Maintenance and Access. Administrator and HSA Program Administrator shall maintain adequate records relating to the terms and operation of the HSA Program for at least an eight (8) year period. Each ©2013 Genesis Employee Benefits, Inc. 6 Health Savings Account Administration Agreement (No. 13.0.0.0) party shall have access to the records relating to the HSA Program maintained by the other party during normal business hours and upon reasonable notice and request and subject to applicable laws and regulations. The parties shall maintain the confidentiality of any information relating to Participants and the HSA Program in accordance with applicable laws and regulations. B. Record Use. Administrator and Employer agree that the names, addresses, telephone numbers, Social Security numbers, and other personal information relating to Participants, which Administrator may obtain as a result of performing Administrative Services, may be collected, maintained, and used by Administrator and Employer as necessary to administer the HSA Program. All parties agree that such information shall be considered confidential and protected as required under applicable law. C. Confidential Business Information. Administrator and Employer shall each take all necessary steps to protect the other party's confidential business information. Such information shall not be disclosed to third parties without the express written consent of the other parties unless required by law or court order. D. Nonpublic Data. Administrator and Employer shall comply with applicable state law governing the use and disclosure of nonpublic, private, and/or confidential data to the extent applicable. E. Transfer of Records. When this Agreement ends, Administrator may transfer to Employer and/or any successor administrator those records Administrator determines are reasonably necessary to effectuate a smooth transition of administration of the HSA Program and any other records Administrator possesses that relate to the HSA Program. Administrator intends that this transfer of records will satisfy its obligation to maintain such records as described above. Administrator shall provide Employer an opportunity to review the records and obtain copies of any such records in addition to the records Administrator has identified as necessary for a smooth transition or otherwise transferred. The details of such transfer including, but not limited to, the means, method and timing, shall be agreed to by the parties. All costs associated with such a record review and transfer will be paid by Employer. V. Indemnification and Limitation of Liability A. Administrator's Duty to Indemnify. Administrator shall indemnify, hold harmless, and defend Employer and its directors, officers, employees, and agents from and against any and all liabilities, losses or damages arising out of any claims, lawsuits, or causes of action, and any costs and expenses associated therewith (including any attorneys' fees Employer may incur or be asked to pay), which arise, directly or indirectly, from ©2013 Genesis Employee Benefits, Inc. Health Savings Account Administration Agreement (No. 13.0.0.0) Administrator's act or omission to act in its administration of the HSA Program, including, but not limited to, any liability, losses, damages, claims, lawsuits, or causes of action and any costs and expenses associated therewith (including any attorneys' fees Employer may incur or be asked to pay) arising under any law. B. Indemnification for HSA Program Design/Interpretation. Administrator is not engaged in the practice of law. The resolution of any legal issues concerning the HSA Program is the responsibility of Employer and its legal counsel. Employer shall indemnify, hold harmless, and defend Administrator from and against any and all liabilities, losses, damages, claims, lawsuits, or causes of action, and any costs and expenses associated therewith (including any attorneys' fees Administrator may incur or be asked to pay), arising, directly or indirectly, out of the design and/or interpretation of the HSA Program, including, but not limited to, any liability, losses, damages, claims, lawsuits, or causes of action and any costs and expenses associated therewith (including any attorneys' fees Administrator may incur or be asked to pay) arising under any state, federal or local law or regulation. C. General Indemnification. Employer shall indemnify, hold harmless, and defend Administrator and its directors, officers, employees, and agents from and against any and all liabilities, losses or damages arising out of any claims, lawsuits, or causes of action, and any costs and expenses associated therewith (including any attorneys' fees Administrator may incur or be asked to pay), which arise, directly or indirectly, from Employer's act or omission to act in its administration of the HSA Program, including, but not limited to, any liability, losses, damages, claims, lawsuits, or causes of action and any costs and expenses associated therewith (including any attorneys' fees Administrator may incur or be asked to pay) arising under any law. D. Indemnification for Prior Administration. If a party other than Administrator previously provided administrative services to Employer with respect to the HSA Program, Employer shall indemnify, hold harmless, and defend Administrator and its directors, officers, employees, and agents from and against any and all liabilities, losses or damages arising out of any claims, lawsuits, or causes of action, and any costs and expenses associated therewith (including any attorneys' fees Administrator may incur or be asked to pay), which arise, directly or indirectly, from such prior administrative services, including, but not limited to, any liability, losses, damages, claims, lawsuits, or causes of action and any costs and expenses associated therewith (including any attorneys' fees Administrator may incur or be asked to pay) arising under any law. ©2013 Genesis Employee Benefits, Inc. 8 Health Savings Account Administration Agreement (No. 13.0.0.0) E. Limitation of Administrator's Liability. Administrator shall exercise, in the performance of its duties, reasonable care and shall be liable for loss only when caused by Administrator's (or Administrator's subcontractors') negligence, gross negligence, fraud, willful misconduct, criminal conduct or a material breach of this Agreement. Administrator shall be responsible for direct damages caused by its failure to satisfy its duties hereunder; provided, however, that Administrator shall not be liable for any incidental or consequential damages caused by its failure to satisfy its duties hereunder or for any benefits payable under the HSA Program. Administrator shall not be liable for the processing of HSA Program activity that is delayed due to circumstances beyond its reasonable control, including, but not limited to, national, state, or city disaster, acts of God, severe weather, or any other circumstances that would affect Administrator or its software or Internet systems. Administrator shall also not be liable for processing of HSA Program activity where such processing directly or indirectly relates to or is conditioned upon on the actions of a party that previously provided administrative services to the HSA Program if Administrator has not received accurate information regarding the prior actions of such other party in a timely manner and/or the prior actions of such other party were in error. F. Reliance on Data & Direction. Notwithstanding any provision of this Agreement to the contrary, Administrator is not responsible or liable for any acts or omissions made pursuant to any direction, consent or other request reasonably believed by Administrator to be genuine and from an authorized representative of Employer. Administrator is not responsible or liable for acts or omissions made in reliance on erroneous data provided by Employer to the extent Administrator's acts or omissions are attributable to the erroneous data, or for the failure of Employer to perform their obligations under this Agreement. VI. Term and Termination A. Term. This Agreement is effective as of the date first written hereinabove and shall continue for a period of twelve (12) consecutive months and for each twelve (12) consecutive month period thereafter until the termination of this Agreement pursuant to this Section VI of the Agreement. B. Termination. This Agreement may be terminated as of the expiration of a term of this Agreement by either party giving written notice of intention to terminate not less than sixty (60) days from the expiration of said term. C. Termination For Cause. Either party shall have the right to immediately terminate the Agreement upon: ©2013 Genesis Employee Benefits, Inc. 9 Health Savings Account Administration Agreement (No. 13.0.0.0) 1. The material breach of the terms of this Agreement, by either Administrator or Employer, including failure to remit service fees due Administrator, if such material breach is not corrected within ten (10) days of receipt of written notice specifying the nature of the breach to the satisfaction of the non-breaching party; 2. The bankruptcy or insolvency of Employer or Administrator; or 3. The enactment of any law, promulgation of any regulation or action of any State or Federal agency or authority which makes or declares illegal the continuance of this Agreement or the performance of any of the services of Administrator hereunder. D. Post-Termination Obligations. Administrator may, as mutually agreed upon by Employer and Administrator, provide certain administrative services following the termination of this Agreement. ©2013 Genesis Employee Benefits, Inc. 10 Health Savings Account Administration Agreement (No. 13.0.0.0) VII. Miscellaneous A. Agreement Amendment. This Agreement may be amended in writing by mutual agreement executed by all parties. In addition, upon notification to Employer, Administrator may amend this Agreement at any time to the extent necessary to comply with applicable federal, state or local laws or regulations. Furthermore, Administrator may amend the rates, fees, and charges to be paid by Employer and other terms of this Agreement effective as of the start of any term described in Section VI.A. Administrator shall notify Employer of (a) the new rates, fees, and charges at least ninety (90) days prior to the start of the new term, and (b) any changes in other terms of this Agreement at least thirty (30) days prior to the start of a new term. B. Notices. All notices, requests, consents and other communications required or permitted under this Agreement shall be in writing and delivered personally, or sent by registered or certified mail or nationally recognized overnight carrier, postage prepaid, electronic transmission, or by facsimile transmission, to the address set forth below, or to such other address set forth in a notice given in the manner herein provided. All such notices, requests, information or other communications shall be deemed to have been given (i) when delivered if personally delivered, (ii) three business days after having been placed in the mail, if delivered by registered or certified mail, (iii) the business day after having been placed with a nationally recognized overnight carrier, if delivered by nationally recognized overnight carrier, and (iv) the business day after transmittal by facsimile if transmitted with electronic confirmation of receipt. If to Employer: City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Telephone: 952-949-8589 If to Administrator: Genesis Employee Benefits, Inc. Attn: President One Braemar Office Park 8000 West 78th Street, Suite 320 Minneapolis, MN 55439-2506 Telephone: 888-308-8322 Fax: 866-680-0614 ©2013 Genesis Employee Benefits, Inc. 11 Health Savings Account Administration Agreement (No. 13.0.0.0) Upon the occurrence of a change in any of the above address information, each party shall notify the other party(ies) of such change within five (5) business days of the effective date of the change. C. Severability. The provisions of this Agreement are severable. If any provision of this Agreement is held invalid by a court of law or other tribunal, the invalidity of any provision will not affect any other provision of this Agreement. D. Survival. The rights and obligations described in Sections IV, V, and VI shall survive termination of this Agreement. E. No Waiver of Rights. Nothing in this Agreement shall be deemed to limit or abrogate any right or remedy available under law. The failure of any party to insist upon the strict observation or performance of any provision of this Agreement or to exercise any right or remedy shall not impair or waive any such right or remedy. F. Copyrighted Works. The Employer acknowledges that Administrator and its agents are the sole copyright owners of all administrative guides and forms and all other materials provided under the terms of this Agreement and that such materials are proprietary to Administrator. Administrator grants Employer a nonexclusive, nontransferable right to copy such materials provided such copies are needed for the sole purpose of collecting and reporting information regarding Participants or notifying Participants of information regarding the HSA Program. Other materials provided by Administrator shall not be copied or reproduced by Employer without Administrator's prior written consent. G. Non-Assumption of Liabilities. Unless specifically provided in this Agreement, the parties do not assume the existing or future obligations, liabilities or debts of the other party. H. Entire Agreement. This Agreement shall supersede and replace any and all other agreements between the parties relating to the same subject matter. This Agreement contains the entire agreement and understanding of the parties relating to the subject matter hereof, except as otherwise provided in this Agreement. I. Authority. This Agreement is the valid and binding obligation of Employer, enforceable in accordance with its terms. The execution and performance of this Agreement has been duly authorized by all necessary action of Employer's governing body. The Employer has the full legal right, power and authority to enter into and perform the Agreement. Each party represents that this Agreement has been executed by a duly authorized representative. ©2013 Genesis Employee Benefits, Inc. 12 Health Savings Account Administration Agreement (No. 13.0.0.0) J. Governing Law. The Agreement shall be governed by and interpreted in accordance with applicable federal law. To the extent the federal law does not govern, this Agreement shall be governed by the laws of the State of Minnesota and the courts in such state shall have sole and exclusive jurisdiction of any dispute related hereto and arising hereunder. K. Independent Contractors. Administrator shall be construed to be acting as an independent contractor and not as an employee of Employer. Administrator and Employer shall not have the power or authority to act for or on behalf of, or to bind the other party, except as set forth in this Agreement. L. Third Party Beneficiaries. The obligations of each party to this Agreement shall inure solely to the benefit of the other signatory party(ies). Except as expressly provided in this Agreement, no person or entity is intended to be or shall be construed or deemed to be a third party beneficiary of this Agreement. M. Successors and Assigns. This Agreement shall be binding on any successors, assigns and subcontractors of the parties authorized under this Agreement. N. Audit Rights. The parties agree to cooperate in all reasonable audits. Audit fees shall be payable by the party initiating the audit. Audits shall be conducted using procedures mutually agreed upon by the parties. Results of the audit may be shared with the party being audited at the sole discretion of the party initiating the audit. 0. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. P. Force Majeure. Neither party shall be liable for any delay or failure to perform its obligations under this Agreement arising out of a cause beyond its control or without its fault or negligence. Such causes may include, but are not limited to, fires, floods, and natural disasters. Q. Acceptance of Agreement. Payment to Administrator by Employer (either through direct check or electronic funds transaction) made at least seven (7) days following receipt of this Agreement for services described in this Agreement will signify Employer's acceptance of all terms, conditions, and obligations of this Agreement. Acceptance will be effective on the Effective Date. ©2013 Genesis Employee Benefits, Inc. 13 Health Savings Account Administration Agreement (No. 13.0.0.0) IN WITNESS WHEREOF, the parties have executed this Agreement to be effective as of the effective date indicated above. EMPLOYER CLAIMS ADMINISTRATOR IY)41A-14z1AF By: By: Authorized Representative of Title: Genesis Employee Benefits, Inc. Its: ©2013 Genesis Employee Benefits, Inc. 14 Health Savings Account Administration Agreement (No. 13.0.0.0) EXHIBIT A Administrative Fees The following standard administrative fees shall be paid by Employer: EMPLOYER FEES Description of Standard Service Fee Initial Set-Up Fee N/C Monthly Account Fee $3.50 HSA Account Setup Fee-Online N/C HSA Account Setup Fee—Paper(per enrollment keyed) $2.00 125 Document Fee (by request: initial here ) $375.00 125 SPD Fee (by request: initial here ) $100.00 Minimum monthly fee (FSA minimum is $125, but monthly minimum across all products with $125/month Genesis is$250) ACCOUNT HOLDER TRANSACTIONAL FEES(as applicable) Debit Card Transaction N/C Card Replacement(per card) $5.00 Non-sufficient Funds $25.00 Stop Check Service $25.00 HSA Paper Check Distribution $2.00 HSA Closure Fee $25.00 Printed HSA Account Summary $1.50 ©2013 Genesis Employee Benefits, Inc. 15 Health Savings Account Administration Agreement (No. 13.0.0.0) EXHIBIT B Authorized Representatives Name: _ Signature: Name: Signature: Name: Signature: Name: Signature: ©2013 Genesis Employee Benefits, Inc. 16 Health Savings Account Administration Agreement (No. 13.0.0.0) CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda November 19, 2013 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.F. Office of City Manager Resolution Dividing Precinct 19 and Kathleen Porta, City Clerk Establishing New Boundaries Requested Action Move to: Adopt the resolution dividing and establishing boundaries for Precinct 19. Synopsis Precinct 19 has over 3000 registered voters. This number will increase with additional housing development. In 2013, Grace Church agreed to provide two separate rooms for polling places. State Statute 204B.14 requires the boundary to be a visible, clearly recognizable physical feature and the new precincts be assigned names which include the name of the former precinct. Attachments Resolution Map CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION 2013- RESOLUTION DIVIDING AND ESTABLISHING BOUNDARY LINES FOR PRECINCT 19 BE IT RESOLVED by the City Council of the City of Eden Prairie that Precinct 19 has been divided and the following boundary lines established: Precinct 19A(Grace Church, 9301 Eden Prairie Road) is within the following described line: Beginning at the intersection of Hennepin County Road 1[a.k.a. Pioneer Trail] and the West Boundary of Eden Prairie; thence easterly and northeasterly along Hennepin County Road 1[a.k.a. Pioneer Trail] to the intersection with Hennepin County Road 4[a.k.a. Eden Prairie Road]; thence southerly along Hennepin County Road 4[a.k.a. Eden Prairie Road] to the intersection with Hennepin County Road 4[a.k.a. Spring Road]; thence southwesterly along Eden Prairie Road to Riley Creek; thence northerly, westerly and southwesterly along Riley Creek to Dell Road; thence southerly along Dell Road to Hennepin County Road 61[a.k.a. Flying Cloud Drive]; thence westerly along Hennepin County Road 61[a.k.a. Flying Cloud Drive]to the West Boundary of Eden Prairie; thence North to the beginning. Precinct 19B (Grace Church, 9301 Eden Prairie Road) is within the following described line: Beginning at the intersection of Hennepin County Road 1[a.k.a. Pioneer Trail] and Hennepin County Road 4[a.k.a. Eden Prairie Road]; thence easterly along Hennepin County Road l[a.k.a. Pioneer Trail] to Hennepin County Road 61[a.k.a. Flying Cloud Drive]; thence southwesterly and westerly along Hennepin County Road 61[a.k.a. Flying Cloud Drive] to Riley Creek; thence southerly and southeasterly along Riley Creek to the northwest edge of Grass Lake; thence southwesterly, southerly and southeasterly along the westerly edge of Grass Lake to the Grass Lake Outlet; thence southerly and southwesterly along the Grass Lake Outlet to the South Boundary of Eden Prairie [approximately the Minnesota River]; thence westerly along the South Boundary of Eden Prairie to the West Boundary of Eden Prairie; thence North along the West Boundary of Eden Prairie to Hennepin County Road 61[a.k.a. Flying Cloud Drive]; thence easterly along Hennepin County Road 61[a.k.a. Flying Cloud Drive] to Dell Road; thence northerly along Dell Road to Riley Creek; thence northeasterly, northerly and easterly along Riley Creek to Eden Prairie Road; thence northeasterly along Eden Prairie Road to Hennepin County Road 4[a.k.a. Eden Prairie Road] ; thence North along Hennepin County Road 4[a.k.a. Eden Prairie Road] to the beginning. 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S H A iOii P L L �c 0� � LIVE•WOAK•DREAM ini _ — ma - — November 8,2013 CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda November 19, 2013 DEPT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.G. Rick Getschow/City Small Business Saturday Proclamation Manager This is the third 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 30, 2013, AS SMALL BUSINESS SATURDAY IN EDEN PRAIRIE WHEREAS,the government of the City of Eden Prairie, celebrates our local small businesses and the contribution they make to our local economy and community; and WHEREAS,according to the United States Small Business Administration,there are currently 28 million small businesses in the United States,representing more than 99 percent of American companies, creating two-thirds of the net new jobs, and generating half of private gross domestic product; and Whereas, small businesses employ half of the employees in the private sector in the United States; and Whereas 89 percent of consumers in the United States agree that small businesses contribute positively to the local community by supplying jobs and generating tax revenue; and Whereas 86 percent of consumers in the United States have small businesses in their community that the consumers would miss if the small businesses closed; and Whereas 93 percent of consumers in the United States agree that it is important for people to support the small businesses that they value in their community; and Whereas 90 percent of consumers in the United States are willing to pledge support for a "buy local" movement; 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 does hereby proclaim,November 30, 2013, as: SMALL BUSINESS SATURDAY 4174,.iL Nancy Tyra-Lukens Mayor CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar November 19, 2013 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.H. Community Development Approve Amendment to PROP Janet Jeremiah, Director Rehabilitation Deferred Grant Program Molly Koivumaki, Housing and Agreement Human Services Manager Requested Action Move to: Approve the Amendment to the Rehabilitation Deferred Grant Program Agreement between the City of Eden Prairie and PROP. Synopsis PROP received a grant in an amount up to $50,000 in 2012 to replace windows and an HVAC system in their building at 14700 Martin Drive. This grant expired on April 1, 2013 before the funds were expended. The amendment would extend the grant through April 30, 2014 to cover the cost of a heater, electrical work, and outdoor lighting. The CDBG funds to be used are generated from 2012 program income, and the expenditure will not take funds from any other program and will assist in the city's obligation to expend program income in a timely manner. Attachment Amendment to the Rehabilitation Deferred Grant Program Agreement FIRST AMENDMENT TO REHABILITATION DEFERRED GRANT PROGRAM AGREEMENT THIS FIRST AMENDMENT TO THE REHABILITATION DEFERRED GRANT PROGRAM AGREEMENT is made as of the day of , 2013, by and between People Reaching Out to Other People, Inc., a Minnesota non-profit corporation having its principal place of business at 14700 Martin Drive, Eden Prairie, Minnesota 55346 (hereinafter referred to as "Recipient"), and the City of Eden Prairie, a body corporate and politic of the State of Minnesota, having its principal office at 8080 Mitchell Road, Eden Prairie, Minnesota 55344, (hereinafter referred to as the "City"). WHEREAS, the parties entered into an agreement entitled "Rehabilitation Deferred Grant Program Agreement" executed by the Recipient and the City on October 16, 2012 (the "Agreement"); WHEREAS, Recipient owns the parcel of property and the building located thereon legally described in Exhibit A to the Agreement and hereinafter referred to collectively or individually as the "Real Property; WHEREAS, Recipient owns and operates the Real Property for the purpose of providing Eden Prairie residents in need with food and financial assistance and to provide support toward self sufficiency; and WHEREAS, under the Agreement the City provided the Recipient with Fifty Thousand and no/100 dollars ($50,000.00) as a grant (hereinafter referred to as the "Grant") for rehabilitation work on the Real Property; and WHEREAS, the parties desire to amend the Agreement to extend the term of the Agreement and include additional rehabilitation work. NOW THEREFORE, in consideration of said Grant, the sufficiency of which is hereby acknowledged by the Recipient, and in accordance with Minnesota Statutes, the parties hereto do hereby agree as follows: 1. Use of Grant Proceeds. The rehabilitation work ("Work") for which the grant proceeds may be used as set forth in Section 1 and Exhibit B to the Agreement is hereby expanded to include the Work set forth on Exhibit B attached hereto and incorporated herein. 2. Payment of Grant Proceeds. The date by which the Work must be completed as set forth in Section 2 of the Agreement is hereby extended to April 30, 2014. No payment shall be made for Work completed after April 30, 2014. 3. Reaffirmation of Grant Agreement. The parties reaffirm the terms and conditions of the Agreement. The additional Work and extended completion date shall be subject to the terms of the Agreement as amended herein. Except as amended hereby the Agreement remains in full force and effect. CITY OF EDEN PRAIRIE By: Nancy Tyra-Lukens,Mayor By: Rick Getschow, City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this 19th day of November, 2013, 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 2 People Reaching Out to Other People,Inc. By: Melissa Musliner, Executive Director STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2013, by Melissa Musliner, the Executive Director of People Reaching Out to Other People, Inc., a Minnesota non-profit corporation, on behalf of said corporation. Notary Public This instrument was drafted by: Gregerson, Rosow, Johnson&Nilan, Ltd. 650 Third Avenue South, Suite 1600 Minneapolis, MN 55402-4337 (612) 338-0755 3 Exhibit A Description of the Real Property Lot 2, Block 1, Edenvale Industrial Park 4th Addition, Hennepin County, Minnesota 4 Exhibit B Work Replace heater in the loading dock area Install exterior lighting in parking lot Replace light switches in all bathrooms Install energy saving thermostat 5 CITY COUNCIL AGENDA DATE: November 19, 2013 SECTION: Consent Calendar DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.I. George Esbensen Fire Department Motorola Service Agreement Requested Action Move to: Approve agreement between the City of Eden Prairie and Motorola for ongoing service of the City's 911 dispatch consoles 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 an annual agreement and will be reviewed each year. This expenditure will be paid from the E911 fund. ► OTOR LASOLUTIONSSERVICES AGREEMENT Attn:National Service Support/4th fl Contract Number: S00001013903 1301 East Algonquin Road Contract Modifier: RN11-JUL-13 00:32:54 (800)247-2346 Date: 10/17/2013 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: 11/01/2013 Customer Contact: Mark Vandenberghe Contract End Date: 10/31/2014 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 -The City of Eden Prairie is part of the MN Grand Total $992.19 $11,906.28 Metro/ARMER System. Special taxation terms and Negotiated T&Cs apply. THIS SERVICE AMOUNT IS SUBJECT TO STATE AND LOCAL TAXING JURISDICTIONS WHERE APPLICABLE,TO BE VERIFIED BY MOTOROLA. Customer receives TSO,SSA and PTSS services under the pricing,terms and conditions of the 2012 Minnesota State Support Contract, D.O.A. Contract No.444484, Release No.S-914(5)(SLC #S00001004167)and 2013 Minnesota State Support Contract, D.O.A.SWIFT Contract No. 16494, Release No.S-914(5);(SLC #S00001004167). 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 Burnsville MN 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. K AUTHORIZED CUSTOMER SIGNATURE TITLE DATE CUSTOMER(PRI NAME) 64-17\11/ d /0,7/3 TOR A R PRESENTATIVE(SIGNATURE) TIT DATE Gary Range 612-490-3092 MOTOROLA REPRESENTATIVE(PRINT NAME) PHONE Company Name: Eden Prairie Fire Dept, City Of Contract Number: S00001013903 Contract Modifier: RN11-JUL-13 00:32:54 Contract Start Date: 11/01/2013 Contract End Date: 10/31/2014 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 21, 2013, 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 Partv'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 V2%) 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. MOTOROLA LUTIONS, INC. CITY OF EDEN PRAIRIE By By Its Customer Support Manager Its Mayor By Its City Manager 3 la MTRLA 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 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 IDO 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 , � t SERVICES AGREEMENT Ark MO ,Attn:National Service Support/4th fi Contract Number: S00001018255 1301 East Algonquin Road Contract Modifier: RN09-JUL-13 18:29:18 (800)247-2346 Date: 10/24/2013 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: 11/01/2013 Customer Contact: Mark Vandenberghe Contract End Date: 10/31/2014 Phone: (952)949-8368 Anniversary Day: Oct 31st Payment Cycle: IMMEDIATE PO# : Not Required QTY MODEL/OPTION SERVICES DESCRIPTION MONTHLY EXTENDED EXT AMT ***** Recurring Services ***** SVCO2SVC0126A NICE GOLD-LITE PACKAGE $1,215.11 $14,581.32 1 SITE(S) SPECIAL INSTRUCTIONS -ATTACH Subtotal - Recurring Services $1,215.11 $14,581.32 STATEMENT OF WORK FOR PERFORMANCE DESCRIPTIONS Subtotal -One-Time Event Services $ .00 $ .00 Total $1,215.11 $14,581.32 Taxes - The City of Eden Prairie is part of the MN Grand Total $1,215.11 $14,581.32 Metro/ARMER System. Special taxation terms and negotiated T&Cs apply. THIS SERVICE AMOUNT IS SUBJECT TO STATE AND LOCAL TAXING JURISDICTIONS WHERE APPLICABLE,TO BE VERIFIED BY MOTOROLA. Customer receives TSO,SMA and SUS services under the pricing,terms and conditions of the 2012 Minnesota State Support Contract,D.O.A. Contract No.444484,Release No.S-914(5)(SLC #S00001004167)and 2013 Minnesota State Support Contract,D.O.A.SWIFT Contract No. 16494,Release No.S-914(5);(SLC #500001004167). Subcontractor(s) City State NICE SYSTEMS INC RESTON VA I received Statements of Work that describe the services provided on this Agreement. Motorola's Service Terms iand Conditions, a copy of which is attached to this Service Agreement, is incorporated herein by this reference. f AUTHORIZED CUSTOMER SIGNATURE TITLE DATE CUST MER (PRINT E) IVI5TOROL REPRESENTATIVE(SIGNATURE) TI DATE Gary Ledin 952-979-1418 MOTOROLA REPRESENTATIVE(PRINT NAME) PHONE Company Name: Eden Prairie Fire Dept, City Of Contract Number: S00001018255 Contract Modifier: RN09-J U L-13 18:29:18 Contract Start Date: 11/01/2013 Contract End Date: 10/31/2014 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 21, 2013, 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." Section 11 LIIVIITATION 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, 1 Minn. Stat. § 13.01,et seq.. 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. § 176.18.1, 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 %%) 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 2 penalty payment for an unpaid balance of $100.00 or more is $10.00. For an unpaid 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. MOTOROLA LUTIONS, INC. CITY OF EDEN PRAIRIE A By By Its Customer Support Manager Its Mayor By - Its City Manager 3 0 MOTOROLA SOLUTIONS Statement of Work Prepared For : EDEN PRAIRIE FIRE DEPT, CITY OF 14800 SCENIC HEIGHTS RD EDEN PRAIRIE, MN 55344 MOTOROLA SOLUTIONS Statement of Work Definitions 1.0 Definitions These defined terms might not apply to every Statement of Work. Capitalized terms below and not otherwise defined within the Statement of Work,or in the Communications System Agreement or other applicable agreement (collectively,"Agreement")have the following meanings: 1.1. Box Unit Test:Unit is tested in a fixture that simulates the functions for which it was designed, engineered,or manufactured to insure that it meets manufacturer specifications. 1.2. Case: Electronic tracking document for requests for service through the System Support Center. 1.3. Case Status: Identifier of the status of a Case from beginning to end. 1.4. Component(s): Motorola new or refurbished parts of equal quality. 1.5. Configuration Change Support: A change in a user-defined parameter,which may include a change in the placement of a dispatch console talkgroup window.Fleet mapping is not included in Configuration Change Support. 1.6. Connectivity: Establishment of remote access to the System via dial up or fixed dedicated links. 1.7. Continuously/Continuous: Seven(7)days per week,twenty-four(24)hours a day,including holidays. 1.8. Customer: The end-user Customer as identified in the Agreement. 1.9. Customer Support Plan: A document mutually developed by Motorola and the Customer that provides information about the Customer and the System and describes the specific processes by which Motorola will deliver and the Customer will receive the services described in this Statement of Work. 1.10.Elements: Those device types present on the Customer's System whose status may be communicated to the SSC. 1.11.Equipment: The equipment specified in the Equipment List as set forth in the Agreement,including any additions to the Equipment List during the Warranty Period. 1.12.Enhanced System Support(ESS)Period: The 12 month period commencing at the start of the Warranty Period for Equipment and Software as defined by the Agreement. 1.13.Event: An alarm or informational notification received by Motorola through the Network Management tools. 1.14.Feature:A Software functionality 1.15.Federal Technical Center: A Motorola facility located in Lanham,Maryland,the purpose of which is to serve as Motorola's centralized location for radio repair for United States Federal Government Customers. 1.16.Firmware: Software in object code form that is implanted or embedded in hardware. 1.17.FRU:Field Replaceable Unit,typically a board or module,contained within the Infrastructure. 1.18.Infrastructure:The fixed Equipment excluding mobiles,portables,and accessories. 1.19.Infrastructure Depot Operations(IDO): A Motorola facility,which serves as Motorola's centralized location for infrastructure repair. 1.20.Loaner: Infrastructure that is owned by Motorola and serves as a temporary replacement while the Customer's Infrastructure is being repaired. 1.21.Maintenance: The process for determining the cause of Equipment failure,removing,repairing,or replacing Components necessary to conform the Equipment with the manufacturer's specifications along with system-specific specifications,delivering and reinstalling the Components„and placing the Equipment back into operation. 1.22.MCNS:Mission Critical Network Services 1.23.Motorola Software: Software whose copyright is owned by Motorola or its affiliated company 1.24.Non-Motorola Software: Software whose copyright is owned by a party other than Motorola or its affiliated company. 1.25.Notification: The point in time when the Customer contacts Motorola and requests service. 1.26.Optional Feature:An additional Feature issued with a System Release that is available to Customer at additional cost. 1.27.Radio Support Center(RSC):A Motorola facility which serves as Motorola's centralized location for radio repair. 1.28.Response: The event when a technician,a remote systems technologist or a remote network specialist begins actively to work on the technical issue,remotely or on-site,as determined by Motorola. 1.29.Restore/Restoration/Restoral:The effort required to bring Equipment to the level for which it was designed, engineered and adjusted for performance in accordance with the manufacturer's published specifications, although such Equipment may not necessarily be malfunctioning. 1.30. Servicer:A Motorola Authorized Service Station or Motorola Field Service personnel. 1.31. Severity Level: The degree of adverse impact of an issue or Event. 1.32. Software: The software furnished with the System,including any Motorola Software and Non-Motorola Software. 1.33. Software License Agreement: The agreement or portion of an agreement pursuant to which Motorola licenses Software to Customer,including System Releases. 1.34. Special Product Feature:A Feature that is specially developed for Customer and which contains a functionality that is unique to Customer. 1.35. Standard Business Day:Monday through Friday,8:30 a.m.to 4:30 p.m.,local time,excluding Motorola holidays. 1.36. Standard Feature:A software functionality for components of Customer's System that is available to Customer in the standard software release 1.37. Start Date:Effective start date as listed on the Agreement. 1.38. System:The communications system as defined in the Communications System Agreement or other applicable Agreement. 1.39. System Acceptance:Unless otherwise defined in the Communications System Agreement,the date upon which Motorola has successfully completed all of the System Tests as described in the acceptance test plan. 1.40. System Support Center(SSC):A Motorola facility which serves as Motorola's centralized system support facility to compliment the field support resources 1.41. System Release: One software version release on a particular platform. ASTRO 25 6.3 example is where 6 is the platform indicator and.3 is software version release indicator. 1.42. System Test:Unit is tested in a Motorola manufactured system of similar type from which the unit was designed to test all functionality of the unit to insure that it meets manufacturer specifications. 1.43. Systemic:A recurring Software or hardware defect that significantly affects the operation of the System. 1.44. Technical Support Operations(TSO):A centralized telephone support help desk that provides technical support for Motorola customers who have purchased products from Motorola(Networks&Enterprise)or who have a contract for technical support services. 1.45.Vendor:Any manufacturer(other than Motorola)or third party that services or repairs Infrastructure or subscriber equipment 1.46.Verification:Contacting the appropriate designated person to verify the System is operational(original problem resolved)and closing the Case. 1.47.Work-around:A change in the followed procedures or data supplied by Vendor to avoid error without substantially impairing use of the Equipment. 1.48.Work Flow:A step-by-step process including instruction or direction for routing,handling,and processing information at a given agency. Definitions Approved by Motorola Contracts& Compliance 10-31-2006 '' rORoLA 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 la) mor000LA 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-Twenty-four(24)hours,seven(7)days per week On-Site Support-Eight(0)hours,five(5)days per week.(8 to 5) Call Back Response Time Sixty(60)minutes after receipt of call from authorized representative On-Site Response Time for Six(6)hours Priority 1 Service Issues Gold-Lite Available Anywhere Priority I Priority 2 Priority 3 Priority 4 Phone Availability 24*7 24*7 24*7'' i`.24 7 Support:Coverage 8.-5*5 8 5*5 8-5 5 8 5*5 - Call Back Response Time 60 minutes 120 minutes 24 hours 24 hours On Site Response Times* 6 hours 24 hours 48.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 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 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 Infr, s i 1.i�'e ure htbx ` ITnglusians °+gelulions �L Z_IStions ancltNoles _'+"_,z1—f' i^7 1 r r�.�t}-zF t f r -� {r 41 !'" 3 >k e .. TC i.'�i '�"3�,�tlr p."- ,'ir `t'}- e ,.,. -f—L�;fi'i .y , ., FtP 1 i �. �.--��� r� � � `� -3k;1"�'�;m'''' -„ ,s�2'# � �'`�F�'mr;ncr ,��4 may, �}tip 4�-H ,7.�,-"tea rv��3 -L�-s a-,� ,.�, .} -i� 7 l,�7��T } iio r a ul�, '� *-f 3''�_xd r tr�"��' #f',t}i"xb d�` -�- i i e-`'r L ylr- .s-G ''�,rt `'. , �„i i r f r y r, ,.; r�)�ufras--4— ne ReN, ir � .„ , 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 • CITY COUNCIL AGENDA DATE: SECTION: November 19, 2013 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.A. Community Development Public Hearing for Housing Improvement Area Janet Jeremiah, Director for Fairway Woods II Condominium Molly Koivumaki, Housing and Association Human Services Manager Requested Action Move to: • Close the Public Hearing; and • Approve the first reading of an Ordinance establishing the Fairway Woods II Condominium Association Housing Improvement Area pursuant to Minnesota Statutes 428A.11 to 428A.21; and • Adopt the Resolution approving the Housing Improvement Fee for the Fairway Woods II condominium Association Housing Improvement Area Pursuant to Minnesota Statutes 428A.11 to 428A.21. Synopsis On October 1, 2013, the City Council held a public hearing regarding the petition put forth by the Fairway Woods II Condominium Association requesting the establishment of a Housing Improvement Area. Owners were notified by mail, and a legal notice was published on November 7, 2013, in accordance with procedures outlined in Minn. Stat. 471.345. The hearing notice included the time and place of the hearing, estimated cost of improvements, amount to be charged against each housing unit, the owner's right to prepay the total fee, the right to objects and the compliance requirements per Minnesota Statute 428A.12. Attachments • Ordinance • Resolution • Notice of Public Hearing NOTICE OF PUBLIC HEARING 2013 CITY OF EDEN PRAIRIE FAIRWAY WOODS II CONDOMINIUM ASSOCIATION HOUSING IMPROVEMENT AREA Notice is hereby given that the City of Eden Prairie, pursuant to Minnesota Statutes Sections 428A.11- 428A.21, is holding a public hearing on November 19, 2013, at 7:00 p.m. in the Eden Prairie City Council Chambers, 8080 Mitchell Road, Eden Prairie, Minnesota, in regards to the imposition of fees on housing units within the Fairway Woods II HIA. The City held a public hearing on the establishment of the HIA area on October 1, 2013. 1. Persons to be heard: All interested persons, will be given an opportunity to be heard at the hearing. 2. Estimated cost of Improvements to be paid in whole or in part by Housing Improvement Fee: The total estimated project cost is $145,000.00. 3. Amount to be charged against each housing unit: Each of the 20 housing units that comprise the Fairway Woods II Condominium Association will be assessed $7,250 for the improvements. Such assessment is proposed to be payable in equal annual installments extending over a period of 15 years and will bear interest at the rate of 5.4 percent per annum from the effective date of the assessment resolution ("Assessment"). The first installment shall be payable in 2015 and to the first installment shall be added interest on the entire assessment from the effective date of the assessment resolution until December 31, 2015. 4. Owner's right to prepay the total fee: The owners may, at any time prior to the certification of the Assessment to the County Auditor, pay to the City the entire assessment on such unit, with interest accrued to the date of payment. No interest shall be charged if the entire assessment is paid within 30 days from the adoption of this assessment. The owners may at any time thereafter, pay to the City the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. 5. Objections: Prior to the adoption of the ordinance, or during the public hearing, Owners may object that their property does not benefit from the improvement and should not be included in the Housing Improvement Area. 6. Compliance with Petition Requirement: Owners of more than 50 percent of the housing units that would be subject to the proposed Housing Improvement Fee in the Fairway Woods II HIA have filed a petition with the City requesting a public hearing on the proposed Housing Improvement fee. This meets the requirement for a public hearing under Minn. Stat. 428A.12. For additional information on the proposed Housing Improvement Fee, contact the City of Eden Prairie at 952- 949-8439 . This material can be provided to you in different forms on request, such as large print, if you call 952-949-8300 (voice) or 952-949-8399 (TTD/TTY). CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. -2013 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA ESTABLISHING THE FAIRWAY WOODS II CONDOMINIUM ASSOCIATION HOUSING IMPROVEMENT AREA PURSUANT TO MINNESOTA STATUTES 428A.11 to 428A.21. WHEREAS, The City of Eden Prairie ("City") is authorized under Minn. Stat. 428A.11 to 428A.21, as amended to establish by ordinance a housing improvement area within which housing improvements are made or constructed and the costs of the improvements are paid in whole or in part from fees imposed within the area; and WHEREAS, the City has determined a need to establish the Fairway Woods II Condominium Association Housing Improvement Area, as further defined herein, in order to facilitate certain improvements to property known as the Fairway Woods II Condominium; and WHEREAS, as required by Minn. Stat. 428A.13,the City held a duly noticed public hearing on October 1, 2013 to consider the establishment of the Fairway Woods II Condominium Association Housing Improvement Area. All interest parties were given an opportunity to be heard; and THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS: Section 1. Recitals. The Recitals set forth above are incorporated herein as if fully set forth. Section 2. Findings. The City Council hereby finds based on the petition, the public hearing held on October 1, 2013, and all other information provided: A. Owners of the housing units within the proposed Fairway Woods II Condominium Association Housing Improvement Area have filed a petition with the City Clerk, requesting a public hearing regarding establishment of such housing improvement area and the imposition of related fees. The City Council finds that 100% of the owners of housing units within the Fairway Woods II Condominium Association Housing Improvement Area signed the petition and that the petition complies with the requirements of Minn. Stat. 428A.12. B. Without establishment of the Fairway Woods II Condominium Association Housing Improvement Area, the Housing Improvements (as hereinafter defined) could not be made by the Association or the owners of the housing units. C. Designation of the Fairway Woods II Condominium Association Housing Improvement Area is needed to maintain and preserve the housing units within the area. D. All requirements of Minn. Stat. 428A.11 through Minn. Stat. 428A.21 have been met and it is appropriate to establish the Fairway Woods II Condominium Association Housing Improvement Area. Section 3. Implementing Entity. The City will be the implementing entity for the Fairway Woods II Condominium Association Housing Improvement Area. Section 4. Housing Improvement Area. The Fairway Woods II Condominium Association Housing Improvement Area is hereby established on the property legally described on attached Exhibit A. As of the date of adoption of this ordinance, the Fairway Woods II Condominium Association Housing Improvement Area contains 20 housing units, along with garage units and common areas. Section 5. Housing Improvements. The Housing Improvements shall consist of the following: • Siding: Installation of new Variform Vortex Double 5" traditional lap siding on the front of the building. • Gutters: Installation of new 5" pre-finished aluminum seamless gutters on the upper and lower sections of the front of the building as well as commercial grade downspouts. Gutter-only replacement on the back of the building. • Front Doors: Installation of 4 new front entry doors and sidelights. • Garage Doors: Painting 20 garage doors. • Driveway: Asphalt repairs and seal coating. • Bat extermination and proofing of entire structure. Section 6. Housing Improvement Fee. A. The City may, by resolution adopted in accordance with the hearing and notice procedures required under Minn. Stat. 428A.14, impose a fee on the housing units within the Fairway Woods II Condominium Association Housing Improvement Area, at a rate,term or amount sufficient to produce revenues required to finance the construction of the Housing Improvements ("Housing Improvement Fee"). B. The Housing Improvement Fee shall be imposed on a per unit basis. The City Council finds that imposing the fee on a per unit basis is more fair and reasonable than using a tax capacity or square footage basis due to the style of the units and the location of all units in the same building. C. The Housing Improvement Fee shall be imposed and payable for a period no greater than 15 years after the first installment is due and payable. Owners of housing units shall be permitted to prepay the Housing Improvement Fee in accordance with the terms specified in the resolution imposing the fee. The Housing Improvement Fee shall not exceed the amount specified in the notice of public hearing regarding the approval of such fee. Section 7. Annual Reports. Prior to August 15 of each year the Fairway Woods II Condominium Association Housing Improvement Area is in existence, the Association (and any successor in interest) shall submit to the City Clerk a copy of the Association's audited financial statements. Section 8. Notice of Right to File Objections. Within five days after the adoption of this ordinance, the City Clerk is directed to mail to the owner of each housing unit in the Fairway Woods II Condominium Association Housing Improvement Area the following: a summary of this ordinance; notice that owners subject to the proposed Housing Improvement Fee have a right to veto this ordinance if owners of 45% or more of the housing units within the Fairway Woods II Condominium Association Housing Improvement Area file objections with the City Clerk before the effective date of this ordinance; and notice that a copy of this ordinance is on file with the City Clerk for public inspection. Section 9. Amendment. This ordinance may be amended by the City Council upon compliance with the public hearing and notice requirements set forth in Minn. Stat. 428A.13. Section 10. Effective Date. This ordinance shall be effective 45 days after adoption hereof, provided, however, that if owners of 45% or more of the housing units within the Fairway Woods II Condominium Association Housing Improvement Area file objections with the City Clerk within 45 days of the adoption of the ordinance,the ordinance shall not become effective. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the day of , 2013, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of , 2013. Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor Published in the Eden Prairie News on the day of , 2013. Exhibit A Fairway Woods II Condominium Association Housing Improvement Area Legal Description Legal Description House Street Tax Parcel ID Nbr Nbr Name Apartment No. 14303,Apartment Ownership No. 15 Fairway Wood 14303 Fairway 10-116-22-32-0029 Condominium No. 2, located in Hennepin County. Dr Apartment No. 14305,Apartment Ownership No. 15, Fairway Wood 14305 Fairway 10-116-22-32-0030 Condominium No. 2, located in Hennepin County. Dr Apartment No. 14307,Apartment Ownership No. 15, Fairway Wood 14307 Fairway 10-116-22-32-0031 Condominium No. 2, located in Hennepin County. Dr Apartment No. 14309,Apartment Ownership No. 15, Fairway Wood 14309 Fairway 10-116-22-32-0032 Condominium No. 2, located in Hennepin County. Dr Apartment No. 14301,Apartment Ownership No. 15, Fairway Wood 14301 Fairway 10-116-22-32-0028 Condominium No. 2, located in Hennepin County. Dr Apartment No. 14311,Apartment Ownership No. 15, Fairway Wood 14311 Fairway 10-116-22-32-0033 Condominium No. 2, located in Hennepin County. Dr Apartment No. 14313,Apartment Ownership No. 15, Fairway Wood 14313 Fairway 10-116-22-32-0034 Condominium No. 2, located in Hennepin County. Dr Apartment No. 14315,Apartment Ownership No. 15, Fairway Wood 14315 Fairway 10-116-22-32-0035 Condominium No. 2, located in Hennepin County. Dr Apartment No. 14317,Apartment Ownership No. 15, Fairway Wood 14317 Fairway 10-116-22-32-0036 Condominium No. 2, located in Hennepin County. Dr Apartment No. 14319,Apartment Ownership No. 15, Fairway Wood 14319 Fairway 10-116-22-32-0037 Condominium No. 2, located in Hennepin County. Dr Apartment No. 14321,Apartment Ownership No. 15, Fairway Wood 14321 Fairway 10-116-22-32-0038 Condominium No. 2, located in Hennepin County. Dr Apartment No. 14323,Apartment Ownership No. 15, Fairway Wood 14323 Fairway 10-116-22-32-0039 Condominium No. 2, located in Hennepin County. Dr Apartment No. 14325,Apartment Ownership No. 15, Fairway Wood 14325 Fairway 10-116-22-32-0040 Condominium No. 2, located in Hennepin County. Dr Apartment No. 14327,Apartment Ownership No. 15, Fairway Wood 14327 Fairway 10-116-22-32-0041 Condominium No. 2, located in Hennepin County. Dr Apartment No. 14329,Apartment Ownership No. 15, Fairway Wood 14329 Fairway 10-116-22-32-0042 Condominium No. 2, located in Hennepin County. Dr Apartment No. 14331,Apartment Ownership No. 15, Fairway Wood 14331 Fairway 10-116-22-32-0043 Condominium No. 2, located in Hennepin County. Dr Apartment No. 14333,Apartment Ownership No. 15, Fairway Wood 14333 Fairway 10-116-22-32-0044 Condominium No. 2, located in Hennepin County. Dr Apartment No. 14335,Apartment Ownership No. 15, Fairway Wood 14335 Fairway 10-116-22-32-0045 Condominium No. 2, located in Hennepin County. Dr Apartment No. 14337,Apartment Ownership No. 15, Fairway Wood 14337 Fairway 10-116-22-32-0046 Condominium No. 2, located in Hennepin County. Dr Apartment No. 14339,Apartment Ownership No. 15, Fairway Wood 14339 Fairway 10-116-22-32-0047 Condominium No. 2, located in Hennepin County. Dr CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2013- A RESOLUTION APPROVING THE HOUSING IMPROVEMENT FEE FOR THE FAIRWAY WOODS II CONDOMINIUM ASSOCIATION HOUSING IMPROVEMENT AREA PURSUANT TO MINNESOTA STATUTES 428A.11 to 428A.21. WHEREAS, the City of Eden Prairie ("City") pursuant to Minn. Stat. 428A.11 to 428A.21, as amended, established by ordinance a housing improvement area on the property legally described on attached Exhibit A known as the "Fairway Woods II Condominium Association Housing Improvement Area"by adoption of Ordinance No. ("Enabling Ordinance"); and WHEREAS, pursuant to Minn. Stat. 428A.14, the City is authorized to impose fees on the housing units within a housing area in order to produce sufficient revenue to provide housing improvements and reimburse the City; and WHEREAS, as required by Minn. Stat. 428A.14,the City held a duly noticed public hearing on November 19, 2013 to consider the imposition of fees on the Fairway Woods II Condominium Association Housing Improvement Area. All interest parties were given an opportunity to be heard; and WHEREAS, the Fairway Woods II Condominium Association ("Association") has submitted to the City a financial plan prepared by Michael P. Mullen, CPA, PLLC, an independent 3rd party as required by Minn. Stat. 428A.14. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNSEL OF THE CITY OF EDEN PRAIRIE, THAT THE CITY COUNCIL FINDS, DETERMINES, AND ORDERS AS FOLLOWS: Section 1. Recitals. The Recitals set forth above are incorporated herein as if fully set forth. Section 2. Findings. The City Council hereby finds based on the petition, the Enabling Ordinance, the public hearing held on November 19,2013, and all other information provided: A. The petition and Enabling Ordinance comply with the requirements in Minn. Stat. 428A.11 through 428A.21. B. The Association has submitted to the City a financial plan prepared by , an independent third party, which plan is acceptable to the City and the Association, that provides for the Association to finance maintenance and operation of the common elements in the Fairway Woods II Condominium Association Housing Improvement Area and a long-range plan to conduct and finance capital improvements, all in accordance with Minn. Stat. 428A.14. C. Imposing the fee on a per unit basis is more fair and reasonable than using a tax capacity or square footage basis due to the style of the units and the location of all units in the same building. Section 2. Housing Improvement Fee Imposed. A. The estimated cost of the housing improvements is $145,000. The City hereby imposes a fee on each housing unit within the Fairway Woods II Condominium Association Housing Improvement Area in an amount of$7,250 per unit (the "Housing Improvement Fee"). If the cost of the housing improvements exceed the estimated amount, the City may charge additional fees against the units by complying with the notice and hearing requirements in Minn. Stat. 428A.14. If the costs of the housing improvements are less than the estimated amount,the City will reduce the Housing Improvement Fee against each unit on a pro rata basis. The City shall take the appropriate steps necessary to ensure the reduction of the Housing Improvement Fee against each unit. B. The Housing Improvement Fee shall be assessed against each housing unit in equal annual installments extending over a period of 15 years from the date the first installment is due and payable and will bear interest at the rate of 5.35 percent per annum from the effective date of this resolution("Assessment"). The first installment shall be payable in 2015 and to the first installment shall be added interest on the entire Assessment from the date of this resolution until December 31, 2015. C. The owners of the housing units may, at any time prior to the certification of the Assessment to the County Auditor,pay to the City the entire Assessment on such unit, with interest accrued to the date of payment. No interest shall be charged if the entire Assessment is paid within 30 days from the effective date of this resolution. The owners may at any time thereafter, pay to the City the entire amount of the Assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. Unless prepaid the Assessment shall be payable at the same time and in the same manner as provided for payment and collection of ad valorem taxes, as provided in Minnesota Statutes, Sections 428A.15 and 428A.05. The Housing Improvement Fee is not included in the calculation of levies or limits on levies imposed under any law or charter. Section 3. Notice of Right to File Objections. Within five days after the adoption of this resolution, the City Clerk is directed to mail to the owner of each housing unit in the Fairway Woods II Condominium Association Housing Improvement Area the following: a summary of this resolution; notice that owners subject to the proposed Housing Improvement Fee have a right to veto this resolution if owners of 45% or more of the housing units within the Fairway Woods II Condominium Association Housing Improvement Area file objections with the City Clerk before the effective date of this resolution; and notice that a copy of this resolution is on file with the City Clerk for public inspection. Section 4. Effective Date. This resolution shall be effective 45 days after adoption hereof, provided, however,that if owners of 45% or more of the housing units within the Fairway Woods II Condominium Association Housing Improvement Area file objections with the City Clerk within 45 days of the adoption of the resolution,the resolution shall not become effective. Section 5. Filing of Housing Improvement Fee. After the effective date of this resolution, but no later than November 15, 2015, the City Clerk shall file a certified copy of this resolution together with attached Exhibit B, the Assessment Roll, to the Hennepin County Director of Taxation to be recorded on the property tax lists of the county for taxes payable in 2015 and thereafter. ADOPTED by the City Council on , 2013. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen Porta, City Clerk Exhibit A Fairway Woods II Condominium Association Housing Improvement Area Legal Description Legal Description House Street Tax Parcel ID Nbr Nbr Name Apartment No. 14303,Apartment Ownership No. 15 Fairway Wood 14303 Fairway 10-116-22-32-0029 Condominum No. 2, located in Hennepin County. Dr Apartment No. 14305,Apartment Ownership No. 15, Fairway Wood 14305 Fairway 10-116-22-32-0030 Condominum No. 2, located in Hennepin County. Dr Apartment No. 14307,Apartment Ownership No. 15, Fairway Wood 14307 Fairway 10-116-22-32-0031 Condominum No. 2, located in Hennepin County. Dr Apartment No. 14309,Apartment Ownership No. 15, Fairway Wood 14309 Fairway 10-116-22-32-0032 Condominum No. 2, located in Hennepin County. Dr Apartment No. 14301,Apartment Ownership No. 15, Fairway Wood 14301 Fairway 10-116-22-32-0028 Condominum No. 2, located in Hennepin County. Dr Apartment No. 14311,Apartment Ownership No. 15, Fairway Wood 14311 Fairway 10-116-22-32-0033 Condominum No. 2, located in Hennepin County. Dr Apartment No. 14313,Apartment Ownership No. 15, Fairway Wood 14313 Fairway 10-116-22-32-0034 Condominum No. 2, located in Hennepin County. Dr Apartment No. 14315,Apartment Ownership No. 15, Fairway Wood 14315 Fairway 10-116-22-32-0035 Condominum No. 2, located in Hennepin County. Dr Apartment No. 14317,Apartment Ownership No. 15, Fairway Wood 14317 Fairway 10-116-22-32-0036 Condominum No. 2, located in Hennepin County. Dr Apartment No. 14319,Apartment Ownership No. 15, Fairway Wood 14319 Fairway 10-116-22-32-0037 CondominumNo. 2, located in Hennepin County. Dr Apartment No. 14321,Apartment Ownership No. 15, Fairway Wood 14321 Fairway 10-116-22-32-0038 Condominum No. 2, located in Hennepin County. Dr Apartment No. 14323,Apartment Ownership No. 15, Fairway Wood 14323 Fairway 10-116-22-32-0039 Condominum No. 2, located in Hennepin County. Dr Apartment No. 14325,Apartment Ownership No. 15, Fairway Wood 14325 Fairway 10-116-22-32-0040 Condominum No. 2, located in Hennepin County. Dr Apartment No. 14327,Apartment Ownership No. 15, Fairway Wood 14327 Fairway 10-116-22-32-0041 Condominum No. 2, located in Hennepin County. Dr Apartment No. 14329,Apartment Ownership No. 15, Fairway Wood 14329 Fairway 10-116-22-32-0042 Condominum No. 2, located in Hennepin County. Dr Apartment No. 14331,Apartment Ownership No. 15, Fairway Wood 14331 Fairway 10-116-22-32-0043 Condominum No. 2, located in Hennepin County. Dr Apartment No. 14333,Apartment Ownership No. 15, Fairway Wood 14333 Fairway 10-116-22-32-0044 Condominum No. 2, located in Hennepin County. Dr Apartment No. 14335,Apartment Ownership No. 15, Fairway Wood 14335 Fairway 10-116-22-32-0045 Condominum No. 2, located in Hennepin County. Dr Apartment No. 14337,Apartment Ownership No. 15, Fairway Wood 14337 Fairway 10-116-22-32-0046 Condominum No. 2, located in Hennepin County. Dr Apartment No. 14339,Apartment Ownership No. 15, Fairway Wood 14339 Fairway 10-116-22-32-0047 Condominum No. 2, located in Hennepin County. Dr Exhibit B Assessment Roll Unit Address Assessed Amount 1 14301 Fairway Drive $7,250.00 2 14303 Fairway Drive $7,250.00 3 14305 Fairway Drive $7,250.00 4 14307 Fairway Drive $7,250.00 5 14309 Fairway Drive $7,250.00 6 14311 Fairway Drive $7,250.00 7 14313 Fairway Drive $7,250.00 8 14315 Fairway Drive $7,250.00 9 14317 Fairway Drive $7,250.00 10 14319 Fairway Drive $7,250.00 11 14321 Fairway Drive $7,250.00 12 14323 Fairway Drive $7,250.00 13 14325 Fairway Drive $7,250.00 14 14327 Fairway Drive $7,250.00 15 14329 Fairway Drive $7,250.00 16 14331 Fairway Drive $7,250.00 17 14333 Fairway Drive $7,250.00 18 14335 Fairway Drive $7,250.00 19 14337 Fairway Drive $7,250.00 20 14339 Fairway Drive $7,250.00 CITY COUNCIL AGENDA DATE: November 19, 2013 SECTION: Public Hearings DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.B. Community Notermann Property Development/Planning Janet Jeremiah/Julie Klima Requested Action Move to: • Close the Public Hearing; and • Adopt the Resolution for Guide Plan Change from Rural Residential to Neighborhood Commercial on 1.07 acres and expand the MUSA boundary to include 11.5 acres; and • Adopt the Resolution for Planned Unit Development Concept Review on 11.5 acres. Background Information This project has three requests: 1. Reguide 1.07 acres from Rural Residential to Neighborhood Commercial. This area is for expansion and reconfiguration of the parking lot for Lions Tap. 2. Amend the MUSA Line to add 11.5 acres. This covers both the Lions Tap Property with expansion and a vacant 9.9 acre Rural Residential guided property. Both properties are owned by Notermann. 3. PUD Concept approval for the expansion and reconfiguration of the Lions Tap site and one Rural Residential lot. Background The 120-Day Review Period Expires on January 14, 2013. Planning Commission Recommendation The Planning Commission voted 6-1 to recommend approval of the project at the October 14, 2013 meeting. Attachments 1. Resolution-Guide Plan Change 2. Resolution -PUD 3. Staff Report 4. Location Map 5. Land Use Map-Current 6. Land Use Map-Proposed 7. Zoning Map 8. Aerial photo 9. Planning Commission Minutes 10. Carlson Letter dated 10-10-13 11. Edstrom Letter dated 10-11-13 12. Wiegert Letter dated 10-11-13 13. Edstrom Letter dated 11-13-13 14. Wiegert Letter dated 11-13-13 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2013- A RESOLUTION AMENDING THE COMPREHENSIVE MUNICIPAL PLAN FROM RURAL RESIDENTIAL TO NEIGHBORHOOD COMMERCIAL ON 1.07 ACRES AND EXPANDING THE MUSA BOUNDARY TO INCLUDE 11.5 ACRES WHEREAS,the City of Eden Prairie has prepared and adopted the Comprehensive Municipal Plan ("Plan"); and WHEREAS,the Plan has been submitted to the Metropolitan Council for review and comment; and WHEREAS,the proposal of John Shardlow on behalf of Bert& Bonnie Notermann is for a Comprehensive Guide Plan Change from Rural Residential to Neighborhood Commercial on 1.07 acres, as legally described on Exhibit A and depicted on Exhibit B, and for the extension of the MUSA boundary to include the property described on Exhibit A. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Eden Prairie, Minnesota, hereby adopts the amendment of the Plan based on plans stamped dated September 5, 2013 and the staff report dated October 11, 2013 and subject to Metropolitan Council approval. ADOPTED by the City Council of the City of Eden Prairie this 19`h day of November, 2013. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk EXHIBIT A Area to be guided Neighborhood Commercial: Lot 1,Block 1, SPRING HEIGHTS,according to the recorded plat thereof,Hennepin County,Minnesota. TOGETHER WITH that part of Lot 2,Block 1,SPRING HEIGHTS,according to the recorded plat thereof, Hennepin County,Minnesota,described as follows:Beginning at the most northerly corner of Lot 1,Block 1, said plat of SPRING HEIGHTS,thereof;thence South 49 degrees 00 minutes 17 seconds East,assumed bearing along the northeast line of said Lot 1,a distance of 98.15 feet to the easterly line of said Lot 2;thence North 39 degrees 56 minutes 37 seconds East along said easterly line of Lot 2,a distance of 139.79 feet;thence North 89 degrees 40 minutes 58 seconds West,75.27 feet;thence South 63 degrees 59 minutes 43 seconds West,98.54 feet to the point of beginning. TOGETHER WITH that part of Lot 2,Block 1, SPRING HEIGHTS,according to the recorded plat thereof, Hennepin County,Minnesota,described as follows: Commencing at the most northerly corner of Lot 1,Block 1, Hennepin County,Minnesota;thence South 63 degrees 59 minutes 43 seconds West,assumed bearing along the northwesterly line of said Lot 1,Block 1,a distance of 175.62 feet to the point of beginning;thence continuing South 63 degrees 59 minutes 43 seconds along said northwesterly line,21.38 feet;thence North 87 degrees 59 minutes 43 seconds West,along the northerly line of said Lot 1,a distance of 140.00 feet;thence South 30 degrees 59 minutes 43 seconds West,along the northerly line of said Lot 1,a distance of 65.16 feet;thence North 89 degrees 00 minutes 39 seconds West,along the northerly line of said Lot 1,Block 1, a distance of 26.76 feet;thence North 09 degrees 01 minutes 10 seconds East, 103.21 feet;thence South 80 degrees 58 minutes 50 seconds East,205.81 feet to the point of beginning. TOGETHER WITH that part of the Southeast Quarter of Section 29,Township 116,Range 22,and that part of the Northeast Quarter of Section 32,Township 116,Range 22,all of said Hennepin County,Minnesota,described as follows: Beginning at the southeast corner of Lot 1,Block 1,according to the recorded plat thereof,Hennepin County,Minnesota;thence North 39 degrees 56 minutes 37 seconds East,assumed bearing along the easterly line of said Lot 1 and Lot 2,of said plat,a distance of 394.32 feet;thence northeasterly along said easterly line of said Lot 2,a distance of 72.09 feet along a tangential curve concave the northwest having a radius of 318.12 feet and central angle of 12 degrees 59 minutes 03 seconds to a point of cusp;thence southerly 341.22 feet along a tangential curve concave to the southeast having a radius of 2065.00 feet,central angle of 9 degrees 28 minutes 03 seconds and a chord bearing of South 22 degrees 13 minutes 33 seconds West;thence South 17 degrees 29 minutes 31 seconds West,tangent to last described curve,43.97 feet;thence South 59 degrees 22 minutes 16 seconds West,40.22 feet; thence North 82 degrees 14 minutes 40 seconds West, 116.99 feet to the point of beginning. Area to be guided Rural Residential: Lot 2,Block 1,SPRING HEIGHTS,according the recorded plat thereof,Hennepin County,Minnesota,EXCEPT that part of Lot 2,Block 1, SPRING HEIGHTS,according to the recorded plat thereof,Hennepin County, Minnesota,described as follows:Beginning at the most northerly corner of Lot 1,Block 1,said plat of SPRING HEIGHTS,thereof;thence South 49 degrees 00 minutes 17 seconds East,assumed bearing along the northeast line of said Lot 1,a distance of 98.15 feet to the easterly line of said Lot 2;thence North 39 degrees 56 minutes 37 seconds East along said easterly line of Lot 2,a distance of 139.79 feet;thence North 89 degrees 40 minutes 58 seconds West,75.27 feet;thence South 63 degrees 59 minutes 43 seconds West,98.54 feet to the point of beginning. ALSO EXCEPTING that part of Lot 2,Block 1, SPRING HEIGHTS,according to the recorded plat thereof, Hennepin County,Minnesota,described as follows: Commencing at the most northerly corner of Lot 1,Block 1, Hennepin County,Minnesota;thence South 63 degrees 59 minutes 43 seconds West,assumed bearing along the northwesterly line of said Lot 1,Block 1,a distance of 175.62 feet to the point of beginning;thence continuing South 63 degrees 59 minutes 43 seconds along said northwesterly line,21.38 feet;thence North 87 degrees 59 minutes 43 seconds West,along the northerly line of said Lot 1,a distance of 140.00 feet;thence South 30 degrees 59 minutes 43 seconds West,along the northerly line of said Lot 1,a distance of 65.16 feet;thence North 89 degrees 00 minutes 39 seconds West,along the northerly line of said Lot 1,Block 1, a distance of 26.76 feet;thence North 09 degrees 01 minutes 10 seconds East, 103.21 feet;thence South 80 degrees 58 minutes 50 seconds East,205.81 feet to the point of beginning. EXHIBIT B Narrative prepared by Stantec dated August 23,2013 and stamp dated September 5,2013. Existing Conditions,Exhibit 1,prepared by Stantec dated August 23,2013. Existing Conditions,Exhibit 2,prepared by Stantec dated August 23,2013. Spring Lake Road Realignment&Proposed Right of Way Changes,Exhibit 3,prepared by Stantec dated August 23, 2013. Existing/Proposed MUSA Line,Exhibit 4,prepared by Stantec dated August 23,2013. Amended Land Use,Exhibit 5,prepared by Stantec dated August 23,2013. Amended Land Use,Lions Tap Property,Exhibit 6,prepared by Stantec dated August 23,2013. Concept Plan,Exhibit 7,prepared by Stantec dated August 23,2013. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2013- A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT FOR THE NOTERMANN PROPERTY 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 14, 2013, for the Notermann Property 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 19, 2013. NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. Notermann Property,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 5, 2013 and attached as Exhibit B. 3. That the PUD Concept Plan meets the recommendations of the Planning Commission. ADOPTED by the City Council of the City of Eden Prairie this 19th day of November, 2013. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk EXHIBIT A PUD Concept- Notermann Property Legal Description: Lot 1, Block 1, SPRING HEIGHTS, according the recorded plat thereof, Hennepin County, Minnesota. Lot 2, Block 1, SPRING HEIGHTS, according to the recorded plat thereof, Hennepin County, Minnesota. EXHIBIT B Narrative prepared by Stantec dated August 23, 2013 and stamp dated September 5, 2013. Existing Conditions, Exhibit 1,prepared by Stantec dated August 23, 2013. Existing Conditions, Exhibit 2,prepared by Stantec dated August 23, 2013. Spring Lake Road Realignment&Proposed Right of Way Changes, Exhibit 3,prepared by Stantec dated August 23, 2013. Existing/Proposed MUSA Line, Exhibit 4, prepared by Stantec dated August 23, 2013. Amended Land Use, Exhibit 5,prepared by Stantec dated August 23, 2013. Amended Land Use, Lions Tap Property, Exhibit 6, prepared by Stantec dated August 23, 2013. Concept Plan, Exhibit 7, prepared by Stantec dated August 23, 2013. STAFF REPORT TO: Planning Commission FROM: Julie Klima, Senior Planner DATE: October 11, 2013 SUBJECT: Notermann Property APPLICANT: John W. Shardlow, FAICP OWNERS: Bert & Bonnie Notermann LOCATION: 16180 Flying Cloud Drive 120 DAY REVIEW: January 14, 2014 REQUEST: • Comprehensive Guide Plan Change from Rural Residential to Neighborhood Commercial on 1.07 acres • Comprehensive Guide Plan Amendment to expand the MUSA boundary to include 11.5 acres • Planned Unit Development Concept Review on 11.5 acres BACKGROUND The proposal consists of two properties totaling approximately 11.5 acres in size. One parcel (9.5 acres) is currently guided Rural Residential and is vacant. The other parcel is approximately 2 acres in size and is guided Neighborhood Commercial. The Lions Tap restaurant is located on the parcel guided for Neighborhood Commercial. Hennepin County is planning a roadway project that will realign CSAH 4 (Spring Road) and CSAH 61 (Flying Cloud Drive). As a part of the proposed realignment, it is likely that there will be additional property available to include into the existing Lions Tap property. DEVELOPMENT REQUEST 1. Comprehensive Guide Plan change from Rural Residential to Neighborhood Commercial on 1.07 acres. The applicant is seeking to expand the existing Neighborhood Commercial designation to include the potential additional property along the roadway project, as well as, some additional areas on the north and west boundaries of the existing Neighborhood Commercial to reconfigure the existing parking lot and add parking. Staff Report—Notermann Property October 11, 2013 Page 2 2. Expand the MUSA Line by 11.5 acres. This is needed so that municipal sewer and water may be extended to serve the site. The applicant is not proposing any changes to the 9.5 acre parcel guided for Rural Residential use. PUD CONCEPT REVIEW This PUD concept review proposes the reconfiguration of the existing parking lot and adding parking at the Lions Tap site. Along with the proposed reconstruction of CSAH 4 and CSAH 61, it is expected that the current access from CSAH 61 to the Lions Tap site will be closed. This closure will result in the loss of parking stalls. Since the specific boundaries of the expansion areas may be altered as a part of the road reconstruction process, it is possible that the property owner may need to submit revised land use applications reflecting the final size of the property. STAFF RECOMMENDATION Recommend approval of the following request: • Comprehensive Guide Plan Change from Rural Residential to Neighborhood Commercial on 1.07 acres • Comprehensive Guide Plan Amendment to expand the MUSA boundary to include 11.5 acres • Planned Unit Development Concept Review on 11.5 acres This is based on plans stamp dated September 5, 2013 and the Staff Report dated October 11, 2013. Area Location Map - Notermann Property (2013-07) Address: 16180 Flying Cloud Drive Eden Prairie, Minnesota 55347 Q / �U TICKSE: r w fSWITCHGRAZen Prairie Road] 0w w Spring Road Aisom\iiiilli2e il....„ -...leA _ _ Flying Cloud Drive N 0 220 440 880 Feet I 1 1 1 1 1 1 1 1 Guide Plan Map Notermann Property 16180 Flying Cloud Drive, Eden Prairie, MN 55347 miff mm=m um i.r,I R EN P. IMI ellr LA < NIItaya III 111 Eden Prairie Road PIP Z w iii Wir rAlil fig11111 . 4 I �0 Spring Road iiier ilia" I N. Flying Cloud Drive and Use Guide Map 2000-2020 Rural Residential 0.10 Units/Acre Neighborhood Commercial Principal Arterial N Low Density Residential 0-2.5 Units/Acre MI Community Commercial -A Minor Arterial Low Density/Public/Open Space - Regional Commercial -B Minor Arterial Medium Density residential 2.5-10 Units/Acre ®Town Center -Major Collector e i 1l Minor Collector DATE Approved 03-19-03 DATE Revised 12-06-06 r----1 Medium Density Residential/Office - Park/Open Space DATE Revised 01-07-05 DATE Revised 03-01-07 DATE Revised 11-07-05 DATE Revised 0-01-07 1 E a E N High Density Residential 10-40 Units/Acre Public/Quasi-Public DATE Revised 02-23-06 DATE Revised 0-01-07 DATE Revised 03-23-06 DATE Revised 03-01-08 nAirport Golf Course DATE Revised 06-23-06 DATE Revised 03-01-09 Office - Church/Cemetary PRAIRIE Y/Z Office/Industrial Open Water M f� Office/Public/Open Space Right-Of-Way 550 275 Oogamm�Me molNmmlNM®1�XnpneB1 1 ..,®650^tl Feet - Industrial Guide Plan Map Notermann Property 16180 Flying Cloud Drive, Eden Prairie, MN 55347 Eden Prairie Road Mir ,_��� prin Roadeilm lit' 11,- ' 4.4,-.........)if MI ' 4111SITES Lii TQ Bs iftlUded ii1side 11 USA ---_ % Flying Cloud Drive City of Ede Prairie Land Use Guide Map 2000-2020 Rural Residential 0.10 Units/Acre Neighborhood Commercial Principal Arterial N Low Density Residential 0-2.5 Units/Acre MI Community Commercial -A Minor Arterial Low Density/Public/Open Space - Regional Commercial -B Minor Arterial Medium Density residential 2.5-10 Units/Acre ®Town Center -Major Collector ' . + 1l Minor Collector DATE Approved 03-19-03 DATE Revised 12-06-06 r---1 Medium Density Residential/Office - Park/Open Space DATE Revised 01-07-05 DATE Revised 03-01-07 DATE Revised 11-07-05 DATE Revised 0-01-07 1 E a E N High Density Residential 10-40 Units/Acre Public/Quasi-Public DATE Revised 02-23-06 DATE Revised 0-01-07 DATE Revised 03-23-06 DATE Revised 03-01-08 nAirport Golf Course DATE Revised 06-23-06 DATE Revised 03-01-09 Office - Church/Cemetary PRAIRIE Y// Office/Industrial Open Water L16E•WORK•DHEAM f� Office/Public/Open Space Right-Of-Way 260 130 M OoAamm�Me molNmmlNM®1�XnpneB1 1 .., 260 Feet - Industrial Zoning Map Notermann Property 16180 Flying Cloud Drive, Eden Prairie MN 55347 I10' w wEden Prairie Road / _ A Spring Road ....daligmar.„ 1 SITE .4. r All Flying Cloud Drive . WI' ' 6 r 01, P v / Shoreland Management Classifications N Rural -Regional Commercial I NE I Natural Environment Waters R1-44 One Family-44,000 sf.min. -TC-C I RDI Recreational Development Waters R1-22 One Family-22,000 sf min. -TC-R I GD I General Development Waters(Creeks Only) R1-13.5 One Family-13,500 sf min. -TC-MU R1-9.5 One Family-9,500 sf min. Industrial Park-2Acre Min, i� OO- Year Floodplain EDEN RM-6.5 Multi-Family-6.7 U.P.A.max. -Industrial Park-5 Acre Min. 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 Office -Public Date:March 1,2009 PRAIRIE In case of discrepancy related to a zoning aassOmaeon on this zoning map.the Ordinance iNeighborhood Commercial n Golf Course and attached legal descdpron on file at Eden Paide city center will prevail. -Community Commercial i I Water UVE•wpB1C•pFE11M -Highway Commercial i I Right of Way 0 0.1 0.2 -Regional Service Commercial Miles .wa_,o...m..,=,..=4..t..o.a.,a ..,_.„,=..m ,..,,m„ Aerial Map Notermann Property (2013-07) 16180 Eden Prairie Road, Eden Prairie, MN 55347 C S ITCHGI z 4 : - . ..- :: -._ ,, -. . .-�a� � Eden Prairie Road :'`VS, WSpring Road ,.' r ,,„, r; ( ,i,„,P • jr 0 a r ,• .'F.s, 5 d� lit •... *et • • 44 .. AVOI— • '-',''', n'e. " 1 to ' . "° llikit : " • ..- 1 ..i -s -'fi `•'; ^�. _z 7- - ..zr, - l�� } pry • •- �.. :d., _ _- r , . Flying Cloud Drive - r , 1. ' ,'gyp. ... � I .. ..r .A.. . -- ... - ,.d!' y,1K R.•'1F 'TEL: I APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY, OCTOBER 14, 2013 7:00 P.M., CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: John Kirk, Jon Stoltz, Katie Lechelt, Jacob Lee, Travis Wuttke, Steven Frank, Ann Higgins, Mary Egan STAFF MEMBERS: Michael Franzen, City Planner Julie Klima, Senior Planner Stu Fox, Manager of Parks and Natural Resources Rod Rue, City Engineer Julie Krull, Recording Secretary I. PLEDGE OF ALLEGIANCE—ROLL CALL Chair Stoltz called the meeting to order at 7:00 p.m. Kirk was absent. II. APPROVAL OF AGENDA MOTION by Higgins, seconded by Lee, to approve the agenda. Motion carried 7-0. III. MINUTES A. PLANNING COMMISSION MEETING HELD ON SEPTEMBER 23, 2013 MOTION by Frank, seconded by Higgins, to approve the minutes. Motion carried 7-0. Lechelt abstained. IV. INFORMATIONAL MEETINGS V. PUBLIC MEETINGS VI. PUBLIC HEARINGS B. NOTERMANN PROPERTY by John Shardlow, FAICP Location: 16180 Flying Cloud Drive Request for: • Comprehensive Guide Plan Change from Rural Residential to Neighborhood Commercial on 1.07 acres October 14, 2013 Page 2 • Comprehensive Guide Plan Amendment to expand the MUSA boundary to include 11.5 acres • Planned Unit Development Concept Review on 11.5 acres John Shardlow, consultant and representing Bert and Bonnie Notermann, presented the proposal. He gave a summary of the proposal as they want to have a land use change of 1.07 acres of Rural Residential to Neighborhood Commercial. They would also like to expand the MUSA Line to include 11.5 acres. Mr. Shardlow pointed out the parking expansion would be for Lions Tap only. There is no residential rezoning requested with this application; it is not included in the PUD. He pointed out the Notermann's have owned Lions Tap since 1977 and have made no improvements since 1985. They would like to straighten out Spring Road and this would only be 7/10's of an acre allowance to be added to the Lions Tap parking. They would also like to add sewer and water to the site and to do this they would like to expand the MUSA Line by 11.5 acres. Mr. Shardlow said the best way to sewer the property would be to have a lift station that would drain into the facility at Riley Crossing. He stated what they would like to do with this improvement is to move the parking away from Flying Cloud. The parking access would then be from the north. There are 76 existing spots and they would like to increase it to 121 spots,which would be an additional 45 spots. Mr. Shardlow said they have seen letters from the neighbors in regards to the MUSA line and future applications. In regards to future applications, Mr. Shardlow said they want to focus on now and not the future. Also, there was concern that expansion of the parking lot would have an impact on wildlife but they feel the work on Flying Cloud would be more of an issue on wildlife. In conclusion, Mr. Shardlow said they think the realignment of Spring Road is a great opportunity to expand the parking lot and make it safer. They would also be eliminating the septic system with sewer and water. Chair Stoltz asked Klima to review the staff report. Klima said staff recommends approval subject to the recommendations on page 2 of the staff report. Wuttke asked if the City had seen the Hennepin County letter consenting to this application. Klima said the City has seen the letter and they do consent to this application. Chair Stoltz opened the meeting up for public input. Dean Edstrom, of 10133 Eden Prairie Road, said he is adjacent to the property on the west side. He said he and his wife have some concerns with this proposal because they are trying to protect the bluff. He pointed out if the bluff is developed in the area, they will lose a lot; the concept of the bluff will be lost. If the MUSA line is not extended into the bluff, then the bluff could be protected. Also, if there needs to be a PUD have it for Lions tap only and not October 14, 2013 Page 3 impact the bluff. We are concerned that the only reason for including the bluff within the MUSA line and establishing a PUD to include the bluff would be to permit future development on the bluff. We would like the City to protect the bluff. We are also concerned with the wildlife on the bluff and the impacts this proposal would have on that. We also recently found out this proposal includes an expansion of the Lions Tap parking lot. This would be an additional encroachment on the bluff and would require the construction and expansion of retaining walls along most of the perimeter of the parking lot. We feel this would definitely have an impact on the wildlife, and especially the deer, in the area. In conclusion, we are opposed to the expansion of the parking lot because of the impact it would have on the bluff, the extension of the MUSA line to the bluff area, and the creation of a PUD that would include any part of the bluff on the Notermann property. Mr. Shardlow responded by stating that the Notermann's have a right to develop on their property and if this proposal is approved tonight, they would be spending $200,000 or more to improve the sewer and water in the area. Franzen said in the past Eden Prairie had codes in place to protect the wetland areas. He pointed out the last time the MUSA line was adjusted was in the 1990's. He also stated there used to be a Bluff Committee to protect the bluffs in the area. He stated the best way to protect the bluff is to purchase them. Lechelt asked what the minimum requirement for parking is at Lions Tap. Franzen said what they would be adding would be adequate. Lechelt said what they have then is less. Franzen stated that was a correct statement. Wuttke asked about the sewer and water; where would it be coming from and what is the cost structure. Rue said in regards to sewer what is being proposed is there would be a lift station by Lions Tap that would pump up the sewage to the Spring Road lift station. The water main would be taken down Spring Road and then west on Flying Cloud Drive to Eden Prairie Road; so it would create a loop. This would all be coordinated with the County project on Flying Cloud Drive. The study for Spring Road has not been completed yet. A feasibility study will be done to determine who pays for sewer and water; and the City will only pay for water on Flying Cloud Drive. Wuttke asked how many developmental acres would be on this land. Franzen said he is unsure at this point. It may be 2 to 2 Y2 units per acre if the land is flat and less for more slopped land. Egan asked about the retaining walls and where they would be located. Mr. Shardlow utilized the map to show where the retaining wall would be located. Mr. Shardlow also pointed out they are not applying to rezone the residential area. October 14, 2013 Page 4 Joel Wiegert, of 10131 Ede Prairie Road, said the problem is he does not know what the current application is for. He also would like to know what is really going to happen if this proposal is granted tonight. He thinks they are getting set up for development to happen in the future. As far as the parking lot expansion, he said he believes it is invasive. There would be a lot of dirt when they are building the retaining walls. The solution would be to extend the sewer and water down to Lions Tap and that's it. Mr. Shardlow commented the Notermann's want the sewer line on their property and want to add the MUSA line expansion. Rue said, in regards to Spring Road, he wanted to point out the City and County had hoped to straighten this road out. They are also not committed to the location of the driveway. Sever Peterson, of 15900 Flying Cloud Drive, said he is the owner that is losing property for realigning of Spring Road. He said they feel it would be safer to have this road aligned even though they are losing land and they support the Notermann's in their proposal tonight. Chair Stoltz asked for feedback from the Commission. Wuttke said he feels we should move forward on this project in regards to water and sewer and feels it would be a benefit to all. Lee is also in favor of the proposal. Lechelt said she is in favor of changing the MUSA line but not for changing the density plan and feels there can be a compromise. She feels the underdeveloped land should remain as is. Higgins said she is in favor of the project and does not want to limit the current owners of the property. Frank said he supports the proposal as presented but understands the neighbors' concerns about damage to the bluff and development in the area. Egan said she is struggling with the extension of the MUSA line to include the residential area because we don't know the future intentions of this property. She asked if that portion could be excluded. Frank asked the project proponent to address Egan's concern. Mr. Shardlow said they need the guide plan change and rezoning and would like to add water and sewer to the area. He stated they will work with the neighbors. Mr. Shardlow said they could live with just granting the MUSA line, but they would really like the density change. Wuttke asked how accurate acreage numbers were. He said he has 9.9 acres and asked if a guide plan change would be needed for under 10 acres. Mr. Shardlow said it is based on alignment. Chair Stoltz asked Wuttke to explain this. Wuttke said he wants to serve the rural portion and work with the project proponent. He would like to see sewer and water developed in the area. Mr. Shardlow stated that is what they are asking for in their proposal tonight. He said if the Commission does not approve the guide plan change tonight they would be limited to one lot. They would have to come back with a change and it would be for more than one. October 14, 2013 Page 5 Chair Stoltz said he is not sure where he stands on this project. His issue is what is the end game for this property? Stoltz said he knows the Notermann's want to put some homes on the property but how many homes would that be. Frank said the owners have the right to develop their property, so that should not be the issue tonight. What the Commission needs to be concerned about would be are we minimizing damage to the bluff. Lechelt said she understands about development but asked if they have to grant a guide plan change. Franzen said he has an observation that there doesn't seem to be information about development on the property. He sees the Commission doesn't have a comfort level with this project, but he also knows the owners don't want to keep spending money on a septic system. Bert Notermann, the owner of the property, said they have asked for many years to get sewer and water on their property. In regards to development, they may put 6, 8, or 4 houses up on the property, but he does not know at this time. He said it is actually up to the Commission. They would just like to get sewer and water out there. Higgins asked Franzen if they just put in the MUSA line in one spot and not the whole area, what happens if development proposals come forward. Franzen said the property on its own can handle the septic tanks now,but they need to look at what is most cost effective. Frank said he is not clear on what specific damage there will be to the 11.5 acres of MUSA boundary. Rue said we can serve Rural Residential with sewer and water but we cannot serve a unit outside of the MUSA line. Frank asked would there be any damage for expanding this line and said it really does not seem there would be any. Chair Stoltz said the Commission can take Franzen's recommendation to take the MUSA line just down to Lions Tap. Wuttke said he would be in favor of what is proposed by the project proponent this evening. Egan said she is concerned with the expansion of the MUSA line. Rue said the MUSA line allows sewer to come into the area. The future issues of what can come on the property would have to come before the Commission. Egan said she is only comfortable with extending the line to Lions tap. Lechelt said she is in favor of the MUSA line, but is not in favor of the guide plan change from Rural to Low Density Residential. Wuttke said it is really just a redesign of their property line. It is only on 1.07 acres. Franzen said on page October 14, 2013 Page 6 2 of the staff report under staff recommendations are the correct figures. It is not on 11.5 acres but on 1.07 acres. It stated if there is some confusion then to go by the numbers listed on page 2 of the staff report; that is what is getting proposed tonight. Mr. Wiegert asked the Commission what they were voting on because he stated they don't have a plan. Chair Stoltz said the owners will come forward in the future with a plan and it will be decided on then. Wuttke said the Commission was confused because they were looking at two different things and apologized for that. MOTION by Wuttke, seconded by Lechelt, to close the public hearing. Motion carried 7-0. MOTION by Wuttke, seconded by Lee, to recommend approval of the Comprehensive Guide Plan Change from Non-Neighborhood Commercial to Neighborhood Commercial on 1.07 acres; Comprehensive Guide Plan Amendment to expand the MUSA boundary to include 11.5 acres; Planned Unit Development Concept Review on 11.5 acres based on plans stamped dated September 5, 2013 and the staff report dated October 11, 2013. Motion carried 6-1. Egan was not in favor of it because she felt the Commission had enough information for expanding the MUSA for the Lions Tap area only but not enough to make an informed decision on adding the residential piece to the MUSA VII. PLANNERS' REPORT A. CELL TOWER MECHANICAL EQUIPMENT SCREENING Klima presented a power point presentation on cell tower mechanical equipment screening. The City Council directed staff to prepare a code amendment to address screening of ground mounted mechanical equipment. Staff will ask for direction on screening solutions and return to the Commission on October 28th with a draft amendment. Staff recommendation is; within right of way the cabinet is the best approach since space is limited. On private property, a fence, cabinet, building and landscaping can work since space is not as limited. Chair Stoltz asked if there are any reports of vandalism with these options. Klima said they have not had any. Frank said one solution would be zero visibility. Chair Stoltz asked if there are any safety concerns with exposed wires. Klima said there was not. October 14, 2013 Page 7 Frank said to box and camouflage the equipment would be the best solution. Franzen said the industry standards are a box because there is a safety issue. If it is in the right of way, a box that blends is best. Rue said you have to be aware of the site lines and there is always limited space. Higgins asked when the boxes are damaged, how and who fixes them. Franzen said they have a record of the permit, so they would have all of the contact information. Frank said on private property, landscaping would have to be kept up so he asked if they should go with a building. Franzen said on private property this is already being done. Frank said he would like to eliminate landscaping and fence options from private property. Wuttke suggested private property should be eliminated from the ordinance. Chair Stoltz asked Klima if she had enough information from the Commission to come back with a draft amendment. Klima confirmed she did have enough information. VIII. MEMBERS' REPORT A. CITIZEN ADVISORY COMMITTEE—LIGHT RAIL Lechelt said the Eden Prairie stations were shortened. There is not going to be a station on Mitchell Road. There will be a vote this week recommending running shallow tunnels. Franzen said on October 28th there will be a light rail presentation. Chair Stoltz thanked Lee for all of his hard work on the Commission. This will be his last meeting. IX. CONTINUING BUSINESS X. NEW BUSINESS XI. ADJOURNMENT MOTION by Lechelt, seconded by Frank, to adjourn the meeting. Motion carried 7-0. There being no further business, the meeting was adjourned at 9:20 p.m. Mary Lou Carlson 10129 Eden Prairie Road Eden Prairie, MN 55347 October 10, 2013 Ms. Julie Kilma Senior Planner Community Development Department 8080 Mitchell Rd Eden Prairie, MN 55344-4485 Dear Julie Kilma and the Community Development Department, Below are my questions and comments regarding the Notermann Property Project: 1. MUSA line Why is it necessary to expand the MUSA boundary on 11.5 acres? Are there development plans in the future? If not,why not just go down the west side of Spring Rd., across, and up the east side of Spring Rd.? 2. River Bluff Isn't it protected from development? It is very important to keep this area prairie, as it will soon be all that is left in Eden Prairie. Residences and commercial buildings add to the economy but prairie grasslands, wildlife and the river valley add to our peace of mind by connecting us to nature. 3. Retaining Walls There are deer and wild turkeys that have a major trail system through our properties that cross the road to the river valley. Will their access be blocked by retaining walls? They cannot survive in the river valley all year round. Some park systems have wildlife bridges that allows for travel back and forth. Please seriously consider the whole of Eden Prairie and how the parks, prairies and wildlife are important to the community. Save the river bluffs. Sincerely, Mary Lou Carlson Property owner DEAN 8C KARENEDSTROM 10133 EDEN PRAIRIE ROAD EDEN PRAIRIE,MN 55347 TEL: (952)934-4700 E-MAIL: kcedstrom@gmail.com October 11, 2013 Members of the Planning Commission City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344-4485 Re: Notermann Property Dear Members of the Planning Commission: We are writing to express our concerns regarding the request for a Guide Plan Change, expansion of the MUSA line and Planned Unit Development on the Notermann property which is on your agenda for consideration this coming Monday, October 14, 2013. Our home is located at 10133 Eden Prairie Road. Our property borders the Notermann property on the west side and for approximately 200 feet on the westerly portion of the north side of the site. We would like to point out initially that the notice of the public hearing on this proposal was mailed to us just last Friday, October 4. Neither the City Staff nor the Notermanns contacted us to discuss the matter in advance of the notice or the preparation of the staff report on the subject. In our opinion, there are a number of very important policy issues that should have been addressed and discussed with affected neighbors before the staff recommendation, notice and hearing. History of the Site We have not had the time this week to research the entire history of the Notermann property. However, in general, and subject to correction on the details, we understand that Lion's Tap (formerly Lyon's) began as a vegetable stand at the corner of then Hwy 169-212 and Spring Road/County Road 4 some 80 years ago and evolved into a small restaurant specializing in hamburgers. As the Village of Eden Prairie became a city and ordinances were adopted, the status of the site and business was, legally or practically, a non-conforming use located in a rural zone, presumably entitled to some grandfather rights to continue. Planning Commission City of Eden Prairie October 11, 2013 Page 2 Our recollection is that the Notermanns acquired the site and business in the 1970's. The parcel on which the restaurant was located, between 1 and 2 acres in size, was acquired by them. We do not recall whether additional land, located on the bluff to the north and west of the Tap, was also sold to the Notermanns at that time. Some years thereafter, the Notermanns requested permission from the City to expand the restaurant and parking lot. At that time, some or all of the bluff land, principally including the area of the site north of the Tap, was sold to the Notermanns by Lynn Charlson or the Charlson estate. That property sale may have been required by the City as part of its approval of the proposed expansion project. Whatever approvals were required were presumably given, the bluff immediately to the north of the Tap was excavated and graded, and the building and parking lot were expanded. We are not familiar with all of the terms of these transactions, the requirements of the City in regard thereto, or the past or present zoning and Guide Plan status of the Tap and adjacent property. We believe that this history is pertinent to the present proposal and should be considered by the City and shared with neighbors affected by the proposal. The Bluff Our primary concern with this proposal is the impact that it would have on the Minnesota River bluff. The City of Eden Prairie has long had a policy of protecting the scenic vistas and sensitive slopes and soils of the bluff. Over the years,the bluff has been studied by and on behalf of the City by staff, consultants and citizen's committees (one of which I served as Co-Chair). Development proposals, rezonings and land exchanges have been structured to save the bluff. Recent such instances include the preservation of the bluff slopes from the Sever Peterson farm to Charlson Road and the dedication of land between Eden Prairie Road and Dell Road. It is also worth noting that the MUSA line in the area between Spring Road and Eden Prairie Road was drawn by the City and approved by the Metropolitan Council to follow what was deemed to be the natural bluff ridge and specifically did not include any of the Notermann property. The Notermann proposal would in at least two specific respects endanger the bluff. First, the expansion of the MUSA Line to include the entirety of the Notermann property would presumably permit the extension of sewer and water lines to development on the bluff. That would make it more likely that development on the bluff would occur. The only thing that might protect against development in that case would be Eden Prairie's slopes ordinance, the enforcement of which is never a certainty. If the MUSA is not extended to the bluff, it is far more likely that the bluff can be protected. Second, the creation of a PUD to encompass the bluff would also threaten to open the bluff for development because the existence of a PUD would allow all sorts of bargaining and possible density tradeoffs that would permit development. Frankly, it is our view that the only purpose for including the bluff within the MUSA line and establishing a PUD to cover the bluff is to permit future development on the bluff. We believe that the City should continue to protect the bluff. Planning Commission City of Eden Prairie October 11, 2013 Page 3 Wildlife Impact As we are sure you are aware, the bluff is also prime habitat for all kinds of wildlife. That is also a reason to protect the bluff. But there are special impacts on wildlife that the proposal for the Notermann property would exacerbate. First, we understand (but also did not learn until this past Tuesday evening) that the proposal includes an expansion of the parcel on which the Tap is located presumably to once again expand the parking footprint for the Tap. This would require an additional encroachment on the bluff beyond the existing parking lot and require the construction and expansion of retaining walls along most, if not all, of the perimeter of the parking lot. That would impact the ability of wildlife, particularly the local deer, from freely moving along the perimeter of the parking lot and would tend to funnel the deer to the east onto Spring Road/County Road 4 or west and south to a more constricted route across Flying Cloud Drive/County Road 61. In that regard, we also note that the retaining walls proposed in Hennepin County's plans for upgrading Flying Cloud Drive/County Road 61 will further constrict the movement of deer back and forth between the bluff and the Minnesota River Valley. The result will create a hardship for the wildlife and probably increase the likelihood of vehicle collisions with deer in the constricted passages created by all of the retaining walls. In short, we believe that not only should the bluff be preserved as a natural resource itself, but also because it is habitat for a variety of wildlife in the area. Thus, we oppose the expansion of the Lion's Tap parking lot to the extent that it would involve further excavation of the bluff and addition of retaining walls. Conclusion In conclusion, we oppose the extension of the MUSA line to the bluff area of the Notermann property, we oppose the expansion of the Lion's Tap parking area to the extent that it would involve any excavation of the bluff or construction of retaining walls adjacent to the bluff, and we oppose the creation of a PUD that includes any portion of the bluff on the Notermann property. Thank you for your consideration of our views. Very truly yours, kovu,,,ve, .141 -2-41/1/1' Dean and Karen Edstrom Project: Notermann Property Project No.: 2013-07 Ms. Julie Klima, Sr. Planner City of Eden Prairie Ms. Klima: Please accept this as our written comment in response to the Public Hearing Notice regarding the "Notermann Property"Project. As a preliminary matter, the public hearing notice for this particular project is incredibly vague with no detail, and after having an opportunity to see the limited information that was available to the public, the Notice is borderline misleading. It is difficult to provide written comment without sufficient information, and we are left feeling very skeptical about how the City has approached this Project and its duty to the public. However, based on the Description, it appears that the Applicant is asking the City to gerrymander the MUSA line down to Flying Cloud Drive to include 11.5 acres of bluff land that is not developable. It further appears, although not mentioned in the Notice, that the Tap intends to expand. We vigorously oppose the Project. One of the purposes of the MUSA line is that it provides the Met Council with the means to prevent wasteful urban sprawl. There is no question as to why the MUSA line is currently located where it is. The line follows the crest of the bluff in order to prevent development, in accordance with numerous other regulations designed to protect the natural habitat and environment of that unique feature of the City. The City obviously recognizes this fact, as its 2030 comprehensive plan protects the bluff and does not modify—or plan for any such modification—of the MUSA line. The City's Planned Land Use for this area also does not change in its 2030 comprehensive plan. The reason being the City recognizes the inherent value in protecting and maintaining the bluffs, and the little benefit that would be derived in opening them to development. Yet development appears to be precisely the goal of the Applicant. The Tap is an institution because it is set out from the city. And, quite frankly, we do not see the utility of such efforts solely to make accommodations for one business. If it is necessary to move the MUSA line, and the actual objective of the Tap's owners is to get connected to sewer and water, then rather than needlessly including nearly 12 acres (so that it can soon be developed)the logical solution is to extend the line down Spring Road and include the neighborhood commercial property only, with restrictions on any further extension. There is absolutely no reason to include an additional 12 acres within the MUSA line solely to serve the Tap. Further, were the City to amend its comprehensive plan and request that the MUSA line be moved solely to accommodate one owner, it seems that it would have to demonstrate that the property to be included will meet the Met Council's standard of a minimum 3 dwellings per net residential acre. That would mean nearly 36 homes would need to be put on this property. One can imagine the remaining parcels moving down the bluff would quickly follow suit. That is simply an unacceptable scenario and contrary to everything that the City and Met Council have stood for to-date. The MUSA line has been in place for a long time, and was put there based upon a well-reasoned, focused process that concluded where the City could, and would, tolerate that the necessary density standards. Naturally, the bluff does not fit within that plan, and never has. It never should. Finally, although not part of the public hearing notice, it also appears that the Tap has submitted a proposal to cut into the bluff so that it can create a larger, non-permeable asphalt surface. Given the level of detail provided with respect to this project, it is difficult to ascertain the propriety or basis as to why it is necessary to further destroy the bluff even though the Tap appears set to receive more land than it currently has when the ROW and Spring Road access is modified. What alternative plans have been provided? Surely there are other viable options that would not require destroying more of the bluff. And what is the basis/need for increasing parking by 60% from what is currently in place? Is the Tap planning on adding on to the building? Today, a full parking lot means a long line of customers waiting for a seat—why are additional parking stalls necessary? We love the Tap and eat there every few weeks, but cannot help but feel as though the Tap and City are attempting to strike while the iron is hot and try to get away with something that would otherwise not be tolerable. We are confident that with what appears to be a land exchange the Tap can come up with a viable alternative to any perceived parking problem without destroying the bluff beyond what it did in its last improvement. (In this regard, we would like to know if representations and concessions were made to the City in connection with the last improvement, and ask that the City enforce them). We fully appreciate the fact that, as a private property owner, the Tap is entitled to exercise its rights and to do with its property as it pleases, within the law. We have no desire to interfere with another property owner's rights. But although private property owners should be entitled to use and modify their property to maximize their enjoyment, there is a significant distinction here—the private property(which is commercial, not residential) is the bluff and numerous restrictions and regulations apply to protect the larger,public interest that the City has recognized, and until more recently, consistently enforced. The Tap and its owners were well aware of these restrictions when the property was purchased. We now have a road being proposed(Cty 61) to destroy the bluffs and create a concrete corridor. It appears that Eden Prairie Road is vying to compete with its own concrete cavern at the south end. Rather than protecting the bluffs, which has always been part of the City's comprehensive plan and one of the reasons it has achieved the rankings and notoriety that it has, it seems it is now content to see them destroyed. We are hopeful that the City will get back to remaining grounded and true to the comprehensive plan, and further recognize that every square inch of available space in this City does not have to be a park or developed. This is not a restriction on any private landowner's rights—the restrictions already existed when the landowner purchased those rights. Please enforce them and stay off the slippery slope. We have rules, regulations, and comprehensive plans for a reason. Respectfully submitted, Joel and Kelly Wiegert 10131 Eden Prairie Road DEAN&KAREN EDSTROM 10133 EDEN PRAIRIE ROAD EDEN PRAIRIE,MN 55347 TEL: (952)934-4700 E-MAIL: kcedstrom@gmail.com November 12, 2013 u Mayor and Members of the City Council uH�CLu v Planning Department City of Eden Prairie 8080 Mitchell Road NOV 1 2013 Eden Prairie, MN 55344-4485 Re: Notermann Property City of Eden Prairie Dear Mme Mayor and Members of the City Council: We are writing to express our concerns regarding the request for a Guide Plan Change, expansion of the MUSA line and Planned Unit Development on the Notermann property which is on your agenda for consideration on Tuesday, November 19, 2013. Our home is located at 10133 Eden Prairie Road. Our property borders the Notermann property on the west side and for approximately 200 feet on the westerly portion of the north side of the site. The Bluff Our primary concern with this proposal is the impact that it would have on the Minnesota River bluff. The City of Eden Prairie has long had a policy of protecting the scenic vistas and sensitive slopes and soils of the bluff. Over the years, the bluff has been studied by and on behalf of the City by staff, consultants and citizen's committees (one of which I served as Co- Chair). Development proposals, rezonings and land exchanges have been structured to save the bluff. Recent such instances include the preservation of the bluff slopes from the Sever Peterson farm to Charlson Road and the dedication of land between Eden Prairie Road and Dell Road. It is also worth noting that the MUSA line in the area between Spring Road and Eden Prairie Road was drawn by the City and approved by the Metropolitan Council to follow what was deemed to be the natural bluff ridge and specifically did not include any of the Notermann property. The Notermann proposal would in at least two specific respects endanger the bluff. First, the expansion of the MUSA Line to include the entirety of the Notermann property would presumably permit the extension of sewer and water lines to development on the bluff That would make it more likely that development on the bluff would occur. The only thing that might protect against development in that case would be Eden Prairie's slopes ordinance, the enforcement of which is never a certainty. If the MUSA is not extended to the bluff, it is far more likely that the bluff can be protected. Second, the creation of a PUD to encompass the bluff would also threaten to open the bluff for development because the existence of a PUD would allow all sorts of bargaining and possible density tradeoffs that would permit development. The only purpose for including the bluff within the MUSA line and establishing a PUD to cover the bluff at this time is to permit future development on the bluff. We believe that the City should continue to protect the bluff, which it could do as part of an extension of the MUSA to serve Lion's Tap. Mayor and City Council City of Eden Prairie November 12, 2013 Page 2 Wildlife Impact As you know, the bluff is also prime habitat for all kinds of wildlife. That is also a good to protect bluff.ff i addition, special impacts wildlife that l f___ reason the vilill. In there are on the proposal for the Notermann and Lion's Tap property would exacerbate. Specifically, the proposal includes an expansion of the parcel on which the Tap is located to once again expand the parking footprint for the Tap. This would require an additional encroachment on the bluff beyond the existing parking lot and require the construction and expansion of retaining walls along most, if not all, of the perimeter of the parking lot. That would impact the ability of wildlife, particularly the local deer, from freely moving along the perimeter of the parking lot and would tend to funnel the deer to the east onto Spring Road/County Road 4 or west and south to a more constricted route across Flying Cloud Drive/County Road 61. The retaining walls proposed in Hennepin County's plans for upgrading Flying Cloud Drive/County Road 61 will further constrict the movement of deer back and forth between the bluff and the Minnesota River Valley. The result will create a hardship for the wildlife and increase the likelihood of vehicle collisions with deer in the constricted passages created by all of the retaining walls. In short, we believe that not only should the bluff be preserved as a natural resource itself, but also because it is habitat for a variety of wildlife in the area. Thus, we oppose the expansion of the Lion's Tap parking lot to the extent that it would involve further excavation of the bluff and addition of retaining walls. Policy Considerations When the Planning Commission, Parks, Recreation and Natural Resources Commission and City Council approved the expansion of Lion's Tap in 1983 and 1984, the minutes of the meetings of those bodies record the desire and policy of the City to protect the bluff. The minutes of the Planning Commission dated August 26, 1985 make reference to the City's Bluff Preservation Policy; unfortunately, the City staff has not been able to locate a copy of that policy or any current version of the policy or any related ordinance. We encourage the Council to consider protection of the bluff, the history of the expansion of Lion's Tap in 1983 and 1984 and any past or present bluff preservation policy in determining whether to take any action that would allow or encourage construction on the bluff. Conclusion In conclusion, we oppose the extension of the MUSA line to the bluff area of the Notermann property, we oppose the expansion of the Lion's Tap parking area to the extent that it would involve any excavation of the bluff or construction of retaining walls adjacent to the bluff, and we oppose the creation of a PUD that includes any portion of the bluff on the Notermann property. Thank you for your consideration of our views. Very truly yours, g Dean and Karen Edstrom RECEIWEB Planning Department NOV 132013 November 13, 2013 City of Eden Prairie Project: Notermann Property Project No.: 2013-07 Eden Prairie Community Development Department To whom it may concern: Please accept this as our written comment in response to the Public Hearing Notice regarding the "Notermann Property"Project, scheduled for hearing before the City Council on November 19, 2013. The undersigned has an unavoidable scheduling conflict and unfortunately will be out of town for the hearing. However, we wish to express our extreme concern regarding certain aspects of the Project and how it is being presented to the City. Initially, as was noted during the Planning Commission hearing, what is actually being proposed has been far from clear. The notices and information publically available have been less than forthright, and it was not until the end of the Planning Commission meeting that it was even clarified what was before the Commission. At present, it appears that the proposal is to expand the Tap with additional parking that the City was uncomfortable with, in light of the effect on the bluff,the last time this request was before it in 1983-85. The second aspect is to extend the MUSA line to include not only the Tap property, but the surrounding rural property. We do not oppose extending the MUSA line to include the Tap's Neighborhood Commercial property. This is a reasonable, natural, and necessary extension to ease a financial burden and nuisance. What we do oppose, greatly, is the needless and haphazard extension of the MUSA line to encompass the surrounding property. There is only one purpose for this proposed extension, as admitted by the applicant during the Planning Commission meeting—to develop the property that it encompasses. But despite the stated intention,there is no plan or other indication of the extent of the development the applicant intends to undertake. Extending the MUSA line to encompass the bluffs is not an issue that should be addressed without any plan,proposal, or other information that would allow the City to make an educated decision about the threshold that it is crossing. Nor is there any reason to do so now;the applicant conceded that it would be amenable to simply extending the MUSA line down to the Tap's commercial property. Blindly extending the line to include the surrounding property is akin to handing car keys to your 16-year-old and saying"let me know where you went when you get home." As one of the Commissioners noted, it puts the cart before the horse. The City needs to make a decision on extending the MUSA line to include the bluffs based on policy, not a whim. The bluffs are a very unique and natural feature to the City. The entire corridor from the airport west is one of the most scenic drives, and natural areas, in the metro. It seems that protecting the bluffs has been, and should continue to be, a priority to the City. And knowing the ramifications, extending the MUSA line to include the bluffs (i.e., open them up for development) is a decision that should be dealt with directly. Here,there should be a specific reason presented to the City as to why it is necessary to include this property within the MUSA so that the City, and Met Council, can determine whether the planned use conforms with their objectives and missions, such as the Met Council's density requirements for MUSA property.' Finally,during the Planning Commission meeting a comment was made by the applicant about spending a lot of money to acquire property. There is no doubt bluff property is expensive, and worth every penny. Indeed, after spending a lot of time researching the restrictions,zoning, ordinances, etc. on our property and the surrounding properties, we too spent a lot of money, and our decision to do so was based on those encumbrances. Our understanding of the regulations is that landowners have the right to construct one residence per 10 acres of rural property. We have no basis to interfere with that right. We also recognize that there is a process by which to modify those restrictions, and perhaps someday the City will decide, after the proper requests are made and studies done,that it is beneficial to destroy the bluffs and develop every possible square inch. But again,that decision should be made with full disclosure and knowledge of the consequences;to be able to discard a significant part of the overall restrictions (the MUSA line) based merely on a broad request is disconcerting. In sum, we do not oppose extending the MUSA line to service the Tap. We do oppose extending it to service the remaining 9+acres of rural property. Refusing to extend the MUSA line is not a restriction on any rights the restrictions already exist. The time to make a determination on moving the MUSA line for the remaining property is when the City is presented with a reason for doing so, at which time it can assess the propriety and consequences of such a decision. Respectfully submitted, Joel and Kelly Wiegert 10131 Eden Prairie Road FMTECEHED Planning Department f NOV 1 3 2013 City of Eden Prairie ' Were the City to amend its comprehensive plan and request that the MUSA line be moved solely to accommodate one owner, it seems that it would have to demonstrate that the property to be included will meet the Met Council's standard of a minimum three dwellings per net residential acre. That would mean nearly 36 homes would need to be put on this property. Seeing this, there is no doubt the remaining parcels moving down the bluff would quickly follow suit. That is an unacceptable scenario and underscores the danger in haphazardly extending the MUSA line without any reason to do so. CITY COUNCIL AGENDA DATE: November 19, 2013 SECTION: Public Hearings DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.C. Community Code Amendment Sculpture and Development/Planning Statuary Janet Jeremiah/ Requested Action Move to: • Close the Public Hearing; and • Approve the 1st Reading of the Ordinance amending chapter 11 relating to sculptures and statuary. Synopsis The city code identifies statuary and sculptures as signs permitted in all districts according to setback, height, and size. Some residential developers and businesses want to display public art separately or as part of an identification sign,but because of the limitation on number and size of signs, choose sign over art, or ask for a waiver. The Planning Commission and City Council recently recommended approval of a sign waiver for United Health Group for a larger sign that included a sculpture. The code amendment is as follows: 1. Add sculpture and statuary to the definition of accessory structures. 2. Delete sculpture and statuary from the definition of a sign. 3. Add setback requirements. 4. Add height requirement. 5. Limits the number of sculptures and statuaries in commercial, office, industrial, public and airport zoning districts Background • Sculpture and statuary would be considered accessory structures subject to setbacks and height requirements for the district in which they are located. • The code currently does not permit accessory structures in the front yard. This amendment would allow sculptures and statuary in the front yards at the same setback as signs. (either 10 or 20 feet depending on the zoning district) • Accessory structure height requirements vary in all districts from 15 feet in residential to 40 feet in commercial. The fifteen foot height recommendation is for scale. • The amendment does not limit the number of statuaries or sculptures in residential districts. • The amendment limits the number of sculptures and statuaries to one per street frontage in the commercial, office, industrial, public and airport zoning districts. (this is a new requirement not previously discussed at the Planning Commission) • A sign placed on a sculpture or statuary would be subject to height, size, and setback requirements for the district in which the sign is located. Planning Commission Recommendation The Planning Commission voted 7-0 to recommend approval of the code amendment at the October 14, 2013 meeting. Attachments 1. Ordinance 2. Staff Reports 3. Planning Commission Minutes CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. -2013 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 11, SECTIONS 11.02, 11.03 AND 11.70; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS: Section 1. City Code Chapter 11, Section 11.02, 1. "Accessory Structure" is hereby amended by adding the words "sculptures and statuary," to the second sentence after the words "water oriented accessory structures,". Section 2. City Code Chapter 11, Section 11.02 Definitions is hereby amended by inserting the following definition in alphabetical order and renumbering the Definitions section accordingly. "`Sculptures and Statuary' — Sculptures and statuary are three-dimensional works of art, as representations or abstract forms, created by sculpturing, modeling, carving, casting or welding." Section 3. City Code Chapter 11, Section 11.03, Subd. 3 is hereby amended by adding N "Sculptures and Statuary"to read as follows: "N. Sculptures and Statuary. 1. Setbacks. In all zoning districts accessory structures must meet the required setbacks, except for the following: (a) The front yard setback for sculptures and statuary is 10 feet in the residential, office, industrial, golf course, airport and public districts. (b) The front yard setback for statuary and sculptures is 20 feet in the commercial districts." 2. Height. In all zoning districts the maximum height allowed for sculptures and statuary is 15 feet." 3. One sculpture or statuary per street frontage in the commercial, office, industrial,public, and airport zoning districts. Section 4. City Code Chapter 11, Section 11.70, Subd. 2, 35. "Sign" is hereby amended by deleting the word"statuary". 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 day of , 2013, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of , 2013. Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor Published in the Eden Prairie News on the day of , 2013. STAFF REPORT: TO: Planning Commission FROM: Michael D. Franzen, City Planner DATE: October 5, 2013 SUBJECT: Discussion Item- Code Change Statuary— Sculptures BACKGROUND: The city code identifies statuary and sculptures as signs permitted in all districts according to setback, height, and size limitations. Some businesses want to display public art separately or as part of an identification sign,but because of the limitation on number and size of signs, choose sign over art, or ask for a waiver. The Planning Commission recently recommended approval of a sign waiver for United Health Group to permit a sculpture. CODE CHANGE 1. Add sculpture and statuary to the definition of accessory structures. 2. Delete sculpture and statuary from the definition of a sign. 3. Add setback requirements. 4. Add height requirement. A sign placed on a sculpture or statuary would be subject to height, size, and setback requirements for the district in which the sign is located. APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY, OCTOBER 14, 2013 7:00 P.M., CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: John Kirk, Jon Stoltz, Katie Lechelt, Jacob Lee, Travis Wuttke, Steven Frank, Ann Higgins, Mary Egan STAFF MEMBERS: Michael Franzen, City Planner Julie Klima, Senior Planner Stu Fox, Manager of Parks and Natural Resources Rod Rue, City Engineer Julie Krull, Recording Secretary I. PLEDGE OF ALLEGIANCE—ROLL CALL Chair Stoltz called the meeting to order at 7:00 p.m. Kirk was absent. II. APPROVAL OF AGENDA MOTION by Higgins, seconded by Lee, to approve the agenda. Motion carried 7-0. III. MINUTES A. PLANNING COMMISSION MEETING HELD ON SEPTEMBER 23, 2013 MOTION by Frank, seconded by Higgins, to approve the minutes. Motion carried 7-0. Lechelt abstained. IV. INFORMATIONAL MEETINGS V. PUBLIC MEETINGS VI. PUBLIC HEARINGS C. CODE AMENDMENT - SCULPTURES by City of Eden Prairie Location: 7485 Office Ridge Circle & 7490 Market Place Drive Request to: October 14, 2013 Page 2 • Amend City Code to define sculptures as accessory structures Franzen said the City code identifies statuary and sculptures as signs permitted in all districts according to setback, height, and size limitations. There are some businesses that want to display public art separately,but because of the limitation on number and size of signs they sometimes have to choose a sign over art or ask for a waiver. The code change would to: 1. Add sculpture and statuary to the definition of accessory structures. 2. Delete sculpture and statuary from the definition of a sign. 3. Add setback requirements for 10 feet in residential and 20 feet in commercial areas. 4. Add height requirement at 15 feet. A sign placed on a sculpture or statuary as part of an entrance monument sign would be subject to height size and setback requirements for the district in which the sign is located Chair Stoltz opened the meeting up for public input. There was no input. Lechelt asked about front yard setbacks and does the City have a concern on site line triangles. Franzen said he does not feel that would be a problem. MOTION by Lechelt, seconded by Wuttke, to close the public hearing. Motion carried 7-0 MOTION by Lechelt, seconded by Wuttke, to move to recommend approval of the code amendment related to statuary and sculptures. Motion carried 7-0. VII. PLANNERS' REPORT A. CELL TOWER MECHANICAL EQUIPMENT SCREENING Klima presented a power point presentation on cell tower mechanical equipment screening. The City Council directed staff to prepare a code amendment to address screening of ground mounted mechanical equipment. Staff will ask for direction on screening solutions and return to the Commission on October 28th with a draft amendment. Staff recommendation is; within right of way the cabinet is the best approach since space is limited. On private property, a fence, cabinet, building and landscaping can work since space is not as limited. Chair Stoltz asked if there are any reports of vandalism with these options. Klima said they have not had any. Frank said one solution would be zero visibility. Chair Stoltz asked if there are any safety concerns with exposed wires. Klima said there was not. October 14, 2013 Page 3 Frank said to box and camouflage the equipment would be the best solution. Franzen said the industry standards are a box because there is a safety issue. If it is in the right of way, a box that blends is best. Rue said you have to be aware of the site lines and there is always limited space. Higgins asked when the boxes are damaged, how and who fixes them. Franzen said they have a record of the permit, so they would have all of the contact information. Frank said on private property, landscaping would have to be kept up so he asked if they should go with a building. Franzen said on private property this is already being done. Frank said he would like to eliminate landscaping and fence options from private property. Wuttke suggested private property should be eliminated from the ordinance. Chair Stoltz asked Klima if she had enough information from the Commission to come back with a draft amendment. Klima confirmed she did have enough information. VIII. MEMBERS' REPORT A. CITIZEN ADVISORY COMMITTEE—LIGHT RAIL Lechelt said the Eden Prairie stations were shortened. There is not going to be a station on Mitchell Road. There will be a vote this week recommending running shallow tunnels. Franzen said on October 28th there will be a light rail presentation. Chair Stoltz thanked Lee for all of his hard work on the Commission. This will be his last meeting. IX. CONTINUING BUSINESS X. NEW BUSINESS XI. ADJOURNMENT MOTION by Lechelt, seconded by Frank, to adjourn the meeting. Motion carried 7-0. There being no further business, the meeting was adjourned at 9:20 p.m. CITY COUNCIL AGENDA DATE: SECTION: Public Hearing November 19, 2013 DEPARTMENT/DIVISION: ITEM DESCRIPTION: Vacation 13-07 ITEM NO.: IX.D. Denise Christensen Vacation of public Drainage and Utility Public Works /Engineering Easements over Lot 1, Block 1, CITY WEST CORPORATE ADDITION Requested Action Move to: • Close the public hearing; and • Adopt the resolution vacating the public Drainage and Utility Easements lying over,under and across Lot 1, Block 1, City West Corporate Addition, Hennepin County, Minnesota. Synopsis The Property Owners have requested the vacation of the drainage and utility easements to facilitate the plat of City West Corporate 2nd Addition for new building construction. Background Information The drainage and utility easements to be vacated were originally dedicated with the plat of City West Corporate Addition. In order to accommodate a new building on the lot, the property owners would like these underlying easements vacated and will dedicate all new drainage and utility easements with the plat of City West Corporate 2nd Addition. The release of the resolution vacating the drainage and utility easements shall be conditioned on the recording new dedicated drainage and utility easements on the plat of City West Corporate 2nd Addition. Attachments • Resolution • Location Map • Site Plan • Published Notice • Notification List CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2013- VACATION OF PUBLIC DRAINAGE AND UTILITY EASEMENTS LYING OVER, UNDER AND ACROSS LOT 1, BLOCK 1, CITY WEST CORPORATE ADDITION, HENNEPIN COUNTY,MINNESOTA VACATION 13-07 WHEREAS, the City of Eden Prairie has certain Drainage and Utility Easements described as follows: The public Drainage and Utility Easements lying over,under and across Lot 1, Block 1, CITY WEST CORPORATE ADDITION, Hennepin County, Minnesota. WHEREAS, a Public Hearing was held on November 19, 2013, after due notice was given to affected property owners and published in accordance with M.S.A. 412.851; and WHEREAS, the Council has been advised by City Staff that the proposed vacation of the above described Drainage and Utility Easements has no relationship to the comprehensive municipal plan; and WHEREAS, it has been determined that the said Drainage and Utility Easements are not necessary and have no interest to the public, therefore, should be vacated. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows: 1. Said Drainage and Utility Easements described above are hereby vacated. 2. The City Clerk shall prepare a Notice of Completion of Proceedings in accordance with M.S.A. 412.851. 3. This Resolution is contingent upon and shall not be effective until the subdivision City West Corporate 2nd Addition has been recorded with the County Recorder/Registrar of Titles as applicable. The City Clerk shall not present the Notice of Completion of Proceedings to the County Auditor or file it with the County Recorder/Registrar of Titles until the subdivision City West Corporate 2nd Addition is recorded. ADOPTED by the Eden Prairie City Council on November 19, 2013. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk \ ETON A 61 62, YELLOW CIRCLE DR. c/c:' W. 62nd S . CIR. \\\ \\\ J W Q W C' H Z r\oRNy/C1,( E``= ~ 2 o R. a a 62 DR I F r If, 16 ~o 4 v CITY o O > zkNi I T ic �' � �N oU ix RBAY 5 a- Ci �N �F \ C0'ik yR r0 oo ,PC.) c '''%o (44, D'PP R t �w 0 `4 qNp BE p O ii RD. CH�� o �� JO 0 .G GAO RD. Ie.) akik 4,1, � , sy o<v 40Y "PC Ov C.) T --------- -----) 0 2 1 Ili_ 11 12 99 ht T116 R22W 100. W. 69tI 101� MEL'S - 102. 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LOT 1 z rQ'x' 2 }•orn-..,'• �f, te �Am o. ff Mn ..A ,�"M I✓rLOCK 1 11 "y' . ..�„.u.- ���' Y rd. iT� .._ a .. � MILLI GAIROA • z °w a 1 F �e� WIWI A AAA+nn '.'3 1 n, / ..w 'um� $Q�, Wplp gar=p �wi tr.Ar. f eAvn c1 a :r- 4' - .� _ _ r.•rr• MVP.JVP.12 9FldFGf RSOINAIYe ze R. r I 1 kie - \ `'`\ I r .YN•,.- ' A II t 4 ... .:.. I) smear ace xcaa } r 1 1 d i -_.... I - amor o I M oJILQT H '.�� i -OP-m7--- Q. I � i .A`v� r _ _ `Y",Neu.. 1,.�s, _ .• �V. r�.F�`; •.,f,� tee.!r9 E . J n. Y 1414 - — ` J. Y T a I 1 nr -- !A:: a '• ' g.. A�„� i • — � it YYY 4 •g a �i-11�` 1° M y'., I- �a .-10° ~-HiM1,...- _I {. °` a , .,,.v, ..u.e,._-%, , 1 p ' .c—"..1' ' ---- - -'`-----f'_ -111'ri""te .�.�.r; x a-e,' lu.r2 K.^,�» b .L �,11v �'� 1 ,, �4. I. ~S -I,- 1 WR[1T•.9 r` ; I\ «u.. �4 OlJT T C P., • I -� - � Pr ' : • r _, \ --1 ,} 5a9°f13.7'E 1149.21 TORRENS ` ABSTRACT NOT FOR CO NSTRI�T ON.. IShady Oak Road TELAMnITLE xHrnrr Ir WIOl1r Ivwe7,,54,. r Y VeAvm.1 -..--.I awe.w..c - s+ w- ��yM�_ Property S r�` !` °A v..m.,MMo°a 1.01 BLOCK IT CITY WEST CORPORATE ADDITION 1F3 I CITY WEST CORPORATE ADDITION R.T. DOC. NO. -- INSET A C.R. DOC. NO. _ ae rml°2775/F -C .nti,.,a I —� -s YR: 1 1II1 1 iw ` p1l1LOT 1 _•rv�.e.'� 1 x ar I I.1; 1 r 7 1 l Rro S i Wrwo 1 m o ea rza Ten '4,!,,./ i _ _ at .rit. pg 'ry l rt'S.t 1 s, s?� T. I 4 IX SOP°.iP'2O' Y r- � n'x::u: :'° '; a .SF .r i �- -- —ll' — — --I ---•rum---•-" -- .� Yix -s.' ZF °' — -- � �- `.T— 1— �`/'' p,•1� R7�.. � r �y� x vi 1&y '''e1 L..... rbylf I LOT I 1 1 • 1 '• 10 Fi '\ a; t PROPOSED I BLOCK 1 :� ° ASEMENT J`A �, 1 — -— .., _— a: iro<�a a VACATION c %i-'s 1 il • 'AL ywl— -_______ - -_ • .••0 ri. r .d. b ` � - � _T e f s a — ,e.n.,rc I.e.e J - 157.86 �wrc r::.''' or 47s�� Spyai7'fR E p�`2 me w.l r .+,. r/.d M.rvw N b.el ar It R. p.h oaawnM 2. OF2 3 dwx k ar°7r+9-k.n 4P.o a^�.+!l born r/2 i1N,by fl 1,[/,20,eronunen! x a!S aANr, • a.r and smiled by bey..ft.Q•S3 • bmalea ea mo....r..a..ancr r,a..e Westwood ...iS 21965 or 0Me•va Ne.. pcolersiunal Services,Inc. CITY WEST CORPORATE ADDITION R.T. DOC NO._ . 01, "_ G.R. DOC. NO. aura ...,. I r_ y. f qR y -...,,---1; • .a dq`1*i a ^,"]`, 7 y a ' ".y,, rm•gran .c.w Y4V /� .r l DIlROT H Lie 1 A..�:. N a r ,,. ...w\ 16 Of/tl.U1 9 34 a ar f . rora f. ;�, .:r• j. .r.BLOLYf 1Tr wrr rnrxr _,— kZt l j 3 o . M r ? rn w O3c t, 4 1 � k I( MIB 7f 3g� q'+S� 4 — l rr n. iu___ -- 1 !rM 6 eJ f2.3 MO r':. ,rY. b7 A tih�ry A@ % ti t Y f f' mn r....f.r ! 1, :Irk'.7 i r ..,_„,„,... ,.. \ , ......, 4, , , ,,,,.. , ....,..a \ \ 11 o : 5-' - - - -� _ _ „� �' PROPOSED tV.g { ix fs�......0........,' p�. __ 4 °7 x+I ; EASEMENT e .r,.� 1 °-' t. y VACATION A .-rl 4 , _ r k A. p M1 :rap,.�� ;� ' w,, a ,irk Yis I b' '''';,,z ear 1 , " T.... :u'"�' MOCKr o J y l s'o, '.ya - -—— —— Orl ord — 3 —— — i I ..,r,w,n R...a.wry w.°.ma he r/r or M.rQI f °i... '.t r A 1/.of c.F.1 1UF,P.22 i.arvm.'fe 1 � how a!?]73'I{ iAme.en am i .1 I •.hq w wr wfme.i 1 r - o wnvr,rf acfr ar r.am, on...a.' of em m«..n ay txn,,.Mx 4S0.1.3 3 OF 3 J - • 7...trm mn.ummr fond and mm.wf n1. - - - T � OA iS 2I969 r armor a.Mom. - 1 Westwood 6 ^" "' n Prufesaional Services,Inc- CITY WEST CORPORATE 2ND ADDITION R.T. DOC. - .,..: :. ' ,., %• ..�. ;;Y C.R. DOC. NO.. K. . : •. 7.5 e 1 �r" ` INSET A r DETAIL N f 47 / I / p' ' !, i I i . ,E� 1 r , ` y r �; '4 a " 1 1 • �t '• i i it - rr' i + r !ni � - v°m I� / i' y;•Ivry..wrr- i j Ili ! .6 xo��yac7 + rVV f/ """yyy��'���''' 1 •r as _ rar. l�l _ •jil, : aYU'LULDT Ip.�u �1' -��- ♦ 1 IMI le fraW�Jr�! aa]O t 1u I'Igf a IAA oacaaoi neit t• ]0.�r — 5 ~• 'ALM 01 i d4 If ee 1 'rr _ n M1 in M1ae 1 E '"a + o '�'^7/A\L '. M••,a mn.e,Yr lkmh ab J 'I ♦.f J l amYkb 2 . A.M..Ian mwnnl 1.4.4 nvFrtl •1 I' ,"yy ]SSS /�a•� .0,,{IyS+*Me..eMwwh+ef.e.. .n 1i+' IV i- 'I 1 w�ovut,n�_ N xxYnomt raan '1 ",:1,-.1 ryry edLel1•F 1• � f C1nY1•a�ll•IJq'FI.I A + �' " �,+ w�.•YV-. ww..le a...NNr°rr'M'I �r y Vl, i i• ; • �? ''l1t 1 .1 . } AO)4 Tla*ar3. "1 VIV't.a►tkrM,cU I- Y OISUri �a s i peseIi.CUS F ! E•IF'R.}} �/IaCM'le3 E.'1Pg ic".lfj 1 tU1-00c] rl W� ..I .:� ' . rl. j wn wN• + �rx •�� 1 �+ 1 1 i i r.,... r W}ttY hi C3T 7. 4 ,I, ;fr.:. SNEM Li e' .1f-11Lw9a e$. It ,o}.'+3 y i- - .earn 1...1 __ ,.�, 1 r n `1 J li f }` i1►0J + i "xi';}A' ' -•)'ur rf CAA' _ E7450 lei rt f !S „Yr1,", }r �000uv 1 l Ole if 1� N J u R 1 l" . M.'avlk+c.lflla 1 Mtrh. 1 5 VIC E rr�i r a.. 4'"1 v`'° i '„ . r e.rpaQl'f1- +r i ii f ti y M�rJuM r c.m 10.1-. t"1 �r x IG r •• ]r- maaonvr . anar _ v3� 1 I..+a r— re N,iwa-.•[ti- +. rn r1r i 1, f c t l f i r �- �• 1�r+Ydr✓' +tit W1I hyr^!.l.r ,r I ---r�9. - •..WI W.-- x ,,,¢¢¢Zy y! 4 r /.1.71160-..,--• V d••rp'II. - (y : 1 MO! ', ..•.MfeKsb if r rr ti•.14.•In•11 ' N ,1 1� � 24/1. 7'S Mr,nl i. i� Ia.r Ir y ' ' I 1-0135J W lase- •'• .- !J y MON1Y11• :t arty r� �,. 1 r -... `EE Di MN IJ iw N...y'.•'.. I'',' f !', /tl •�'i-° "3i"a; r.1 ' >.Vr -- - -�'_,�- Y.a„ /•n ,1IYestwood r rrN/I1.MY NJ a�'aea'°UM !.r _ 1 /"raww�m't ryolalymal$enlrn,mt. VACATION 13-07 NOTICE OF VACATION OF PUBLIC DRAINAGE AND UTILITY EASEMENTS LYING OVER, UNDER AND ACROSS LOT 1,BLOCK 1, CITY WEST CORPORATE ADDITION, HENNEPIN COUNTY,MINNESOTA Notice is hereby given that a public hearing will be held before the Eden Prairie City Council at the Eden Prairie City Hall, 8080 Mitchell Road, Eden Prairie, Minnesota, on November 19, 2013 at 7:00 p.m. to hear all persons present upon the proposed vacation of public drainage and utility easements described as follows: The public Drainage and Utility Easements lying over,under and across Lot 1,Block 1, CITY WEST CORPORATE ADDITION, Hennepin County, Minnesota. By Order of the City Council Published in the Eden Prairie News on October 31, 2013 NOTIFICATION LIST VACATION REQUEST 13-07 A copy of the Public Hearing Notice has been sent to owner of the following parcels: 0111622210005 0111622210006 0111622220013 0111622220014 0111622220015 0111622220016 A copy of the Public Hearing Notice has been sent to the following Utilities: CenterPoint Energy Century Link Communications Comcast Cable Xcel Energy CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims November 19, 2013 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 228658—229247 Wire Transfers 1005140 — 1005482 Wire Transfers 4848 —4875 4862 September Purchasing Card Payment City of Eden Prairie Council Check Summary 11/19/2013 Division Amount Division Amount General 877,197 601 Prairie Village Liquor 235,890 100 City Manager 3,170 602 Den Road Liquor 348,498 101 Legislative 8,054 603 Prairie View Liquor 242,391 110 City Clerk 3,044 605 Den Road Building 688 111 Customer Service 9,132 701 Water Fund 197,288 112 Human Resources 1,963 702 Sewer Fund 316,414 113 Communications 2,905 703 Storm Drainage Fund 53,031 114 Benefits&Training 9,199 Total Enterprise Funds 1,394,199 130 Assessing 1,301 131 Finance 202 316 WAFTA 350 132 Housing and Community Services 19,242 803 Escrow Fund 685,093 133 Planning 39 806 SAC Agency Fund 849,815 136 Public Safety Communications 1,300 807 Benefits Fund 1,389,944 137 Economic Development 6,640 809 Investment Fund 6,627 138 Community Development Admin. 1,155 812 Fleet Internal Service 114,016 151 Park Maintenance 30,391 813 IT Internal Service 47,063 153 Organized Athletics 1,538 814 Facilities Capital ISF 149,865 154 Community Center 107,122 815 Facilites Operating ISF 16,186 156 Youth Programs 39,767 816 Facilites City Center ISF 46,246 157 Special Events 2,160 817 Facilites Comm.Center ISF 52,021 158 Senior Center 3,728 Total Internal Service Funds 3,357,226 159 Recreation Administration 8,518 160 Therapeutic Recreation 213 Report Total 6,322,713 161 Oak Point Pool 36,301 162 Arts 1,242 163 Outdoor Center 783 168 Arts Center 1,900 180 Police 20,368 184 Fire 38,000 186 Inspections 1,333 200 Engineering 4,952 201 Street Maintenance 77,528 202 Street Lighting 1,939 Total General Funds 1,322,325 301 CDBG 62,387 303 Cemetary Operation 1,191 308 E-911 385 309 DWI Forfeiture 2,073 312 Recycle Rebate 550 Total Special Revenue Funds 66,586 428 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 800 445 Cable PEG 933 Total Debt Service Funds 2,983 315 Economic Development 2,584 502 Park Development 267 509 CIP Fund 4,365 512 CIP Trails 9,604 513 CIP Pavement Management 2,210 522 Improvement Projects 2006 47,919 528 Shady Oak Rd-CR 61 North 22,305 530 Pool Upgrade/Expansion 83,150 531 Eden Prairie Road 1,726 532 EP Road Connect Flying Cloud 5,264 Total Capital Project Funds 179,394 City of Eden Prairie Council Check Register 11/19/2013 Check# Amount Supplier/Explanation Account Description Business Unit Explanation 228752 850,959 METROPOLITAN COUNCIL Other Revenue SAC Agency Fund Monthly SAC Charges 4863 664,060 RDL INVESTMENTS LLC Deposits Escrow Olympic Hills Golf Club 228855 593,573 NEW LOOK CONTRACTING INC Improvements to Land Park Acquisition&Dev Fixed A Riley Lake Park Reconstruct 228944 310,004 HEALTHPARTNERS Accounts Receivable Health and Benefits Medical/Dental Premium 228967 288,047 METROPOLITAN COUNCIL ENVIRONMENTAL SERVI MCES User Fee Sewer Utility-General Monthly MCES Fee 4858 217,090 CERIDIAN Federal Taxes Withheld Health and Benefits Taxes Withheld 4850 216,692 CERIDIAN Federal Taxes Withheld Health and Benefits Taxes Withheld 4872 206,707 CERIDIAN Federal Taxes Withheld Health and Benefits Taxes Withheld 228668 149,865 BECKER ARENA PRODUCTS INC Other Contracted Services Facilities Capital Rink 2 Dasher Boards 4861 138,374 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA 4875 138,003 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA 4853 133,770 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA 4855 119,796 MINNESOTA DEPT OF REVENUE Sales Tax Payable Fleet Operating 229057 90,327 FIRE SAFETY USA INC Protective Clothing CIP-Bonds 229171 83,150 HAMMEL,GREEN AND ABRAHAMSON Design&Engineering Pool Upgrade/Expansion 228838 80,838 LIFE FITNESS Machinery&Equipment Fitness Center 228832 77,565 KOENIG&SONS EQUIPMENT INC Autos Park and Recreation 1005178 73,756 MINNESOTA DIRT WORKS INC Improvements to Land Capital Impr/Maint Fixed 228703 61,050 JOHNSON BROTHERS LIQUOR CO Wine Domestic Prairie View Liquor Store 229147 49,031 CARGILL SALT Salt Snow&Ice Control 228859 47,919 O'MALLEY CONSTRUCTION INC Improvement Contracts Improvement Projects 2006 4862 46,349 US BANK Deposits Sewer System Maintenance 228827 45,639 JOHNSON BROTHERS LIQUOR CO Wine Imported Den Road Liquor Store 229001 41,411 SOUTHERN WINE&SPIRITS OF MN Liquor Prairie Village Liquor Store 229077 37,954 JOHNSON BROTHERS LIQUOR CO Wine Domestic Prairie Village Liquor Store 228822 35,893 IND SCHOOL DIST 272 Other Contracted Services Oak Point Operations 229184 34,241 JOHNSON BROTHERS LIQUOR CO Liquor Prairie View Liquor Store 228892 33,596 WIRTZ BEVERAGE MINNESOTA Wine Domestic Den Road Liquor Store 228955 33,489 JOHNSON BROTHERS LIQUOR CO Wine Imported Den Road Liquor Store 228872 32,748 SKYHAWKS SPORTS ACADEMY INC Instructor Service Camps 228975 30,896 MOELTER GRAIN INC Lime Residual Removal Water Treatment Plant 228771 25,000 ALL AMERICAN TILE CO.,INC Other Contracted Services Rehab 228896 24,808 ABM JANITORIALSERVICES-NORTH CENTRAL INC Janitor Service City Hall-CAM 228713 22,798 MIDWEST EXTERIORS PLUS INC Other Contracted Services Rehab 1005157 21,776 DIVERSE BUILDING MAINTENANCE CH Robinson Janitor Service Den Road Liquor Store 229121 21,646 WIRTZ BEVERAGE MINNESOTA BEER INC Misc Taxable Prairie Village Liquor Store 4860 21,303 ING Deferred Compensation General Fund 4874 21,157 ING Deferred Compensation General Fund 4852 20,563 ING Deferred Compensation General Fund 228772 20,394 AMERICAN ENGINEERING TESTING INC Testing-Soil Boring Shady Oak Rd-CR 61 North 228873 19,871 SOUTHERN WINE&SPIRITS OF MN Wine Imported Den Road Liquor Store 229017 18,842 WIRTZ BEVERAGE MINNESOTA Liquor Prairie Village Liquor Store 229106 18,770 SOUTHERN WINE&SPIRITS OF MN Wine Imported Prairie Village Liquor Store 229120 17,997 WIRTZ BEVERAGE MINNESOTA Liquor Prairie Village Liquor Store 228735 17,782 SOUTHERN WINE&SPIRITS OF MN Wine Imported Prairie View Liquor Store 229243 17,243 WIRTZ BEVERAGE MINNESOTA Transportation Den Road Liquor Store 228893 16,940 WIRTZ BEVERAGE MINNESOTA BEER INC Beer Den Road Liquor Store 228989 16,938 PRAIRIE PARTNERS SIX LLP Waste Disposal Prairie Village Liquor Store 228748 16,771 WIRTZ BEVERAGE MINNESOTA Liquor Prairie View Liquor Store 228837 16,204 LAVAN FLOOR COVERING Contract Svcs-General Bldg Ice Arena Maintenance 229000 15,848 SOUTH METRO PUBLIC SAFETY TRAINING FACIL Other Contracted Services Public Safety Training Facilit 229206 15,757 NORTHERN AIR CORPORATION Contract Svcs-HVAC Ice Arena Maintenance 4859 14,666 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 228941 14,540 GRAYMONT Treatment Chemicals Water Treatment Plant 4851 14,503 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund Check# Amount Supplier/Explanation Account Description Business Unit Explanation 4873 14,466 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 229244 13,821 WIRTZ BEVERAGE MINNESOTA BEER INC Beer Prairie View Liquor Store 228749 13,772 WIRTZ BEVERAGE MINNESOTA BEER INC Beer Prairie View Liquor Store 228959 13,005 KEYS WELL DRILLING COMPANY Equipment Repair&Maint Water Capital 228953 12,885 JJ TAYLOR DISTRIBUTING MINNESOTA Beer Den Road Liquor Store 4864 12,845 LIFE INSURANCE COMPANY OF NORTH AMERICA Life Insurance EE/ER Health and Benefits 229010 12,832 TRAFFIC CONTROL CORPORATION Equipment Repair&Maint Traffic Signals 229018 12,740 WIRTZ BEVERAGE MINNESOTA BEER INC Misc Taxable Prairie View Liquor Store 228990 12,732 PRAIRIEVIEW RETAIL LLC Advertising Prairie View Liquor Store 1005166 12,639 HAWKINS INC Treatment Chemicals Water Treatment Plant 228701 12,597 JJ TAYLOR DISTRIBUTING MINNESOTA Beer Prairie View Liquor Store 4867 12,210 GENESIS EMPLOYEE BENEFITS,INC HRA Health and Benefits 229165 12,000 FRSECURE LLC Other Contracted Services IT Capital 228923 11,917 COMMERCIAL ASPHALT CO Asphalt Overlay Storm Drainage 229181 11,808 JJ TAYLOR DISTRIBUTING MINNESOTA Beer Prairie View Liquor Store 228734 11,533 SHORT ELLIOTT HENDRICKSON INC Design&Engineering Storm Drainage 228810 11,111 GRAYMONT Treatment Chemicals Water Treatment Plant 228691 11,071 GRAYMONT Treatment Chemicals Water Treatment Plant 229168 11,002 GRAYMONT Treatment Chemicals Water Treatment Plant 229209 10,484 PHILLIPS WINE AND SPIRITS INC Liquor Prairie View Liquor Store 228985 9,832 PHILLIPS WINE AND SPIRITS INC Liquor Prairie Village Liquor Store 228865 9,786 PHILLIPS WINE AND SPIRITS INC Wine Imported Den Road Liquor Store 228863 9,729 PAUSTIS&SONS COMPANY Wine Imported Den Road Liquor Store 228768 9,710 ACTIVE NETWORK INC,THE Software Maintenance IT Operating 229075 9,386 JJ TAYLOR DISTRIBUTING MINNESOTA Beer Prairie Village Liquor Store 228936 8,835 GENERAL REPAIR SERVICE Repair&Maint.Supplies Water Treatment Plant 228825 8,829 JJ TAYLOR DISTRIBUTING MINNESOTA Beer Prairie Village Liquor Store 229154 8,658 COMMERCIAL ASPHALT CO Repair&Maint.Supplies CIP Trails 229016 8,606 WINE MERCHANTS INC Wine Imported Den Road Liquor Store 229101 8,506 PHILLIPS WINE AND SPIRITS INC Wine Imported Prairie Village Liquor Store 229239 8,500 WATER TOWER CLEAN&COAT INC Other Contracted Services Water Storage 228731 7,750 PROP Other Contracted Services Housing and Community Service 229127 7,585 ACCELERATED TECHNOLOGIES LLC Capital Under$25,000 Fitness Center 228727 7,556 PHILLIPS WINE AND SPIRITS INC Liquor Prairie View Liquor Store 228874 7,505 SOUTHWEST SUBURBAN CABLE COMMISSION Dues&Subscriptions City Council 228787 7,424 CNA CONSULTING ENGINEERS Design&Engineering Storm Drainage 229223 7,385 SOUTHERN WINE&SPIRITS OF MN Wine Imported Prairie View Liquor Store 229064 7,365 GRAYMONT Treatment Chemicals Water Treatment Plant 1005155 7,297 DAY DISTRIBUTING Beer Prairie View Liquor Store 228823 7,040 INFRATECH Equipment Repair&Maint Sewer System Maintenance 228675 6,997 COMMERCIAL ASPHALT CO Patching Asphalt Street Maintenance 229137 6,981 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating 229092 6,836 MINNESOTA UT FUND Unemployment Compensation Organizational Services 1005147 6,685 BIFFS INC Waste Disposal Park Maintenance 228978 6,627 NORTHSHORE ADVISORS LLC Interest Investment Fund 229083 6,600 LOCAL 49 TRAINING CENTER Conference/Training Utility Operations-General 228745 6,500 TS WORLDWIDE LLC Other Contracted Services Economic Development 229222 6,250 SOUTHDALE YMCA YOUTH DEVELOPMENT PROGRAM Other Contracted Services Housing and Community Service 228891 6,243 WINE MERCHANTS INC Wine Imported Den Road Liquor Store 229013 5,865 WATER CONSERVATION SERVICES INC OCS-Utility Locates Water System Maintenance 228730 5,691 PROP Refunds CDBG-Public Service 228933 5,639 EDEN PRAIRIE ROTARY CLUB Deposits Den Road Liquor Store 229237 5,241 US POSTMASTER Postage Community Brochure 228897 5,094 ACTIVE NETWORK INC,THE Software Maintenance IT Operating 228993 5,077 RICHFIELD,CITY OF Autos Park and Recreation 228913 4,763 BRYAN ROCK PRODUCTS INC Gravel Storm Drainage 229059 4,489 FLEET MAINTENANCE INC Equipment Repair&Maint Fleet Operating 228781 4,390 BETHEL UNIVERSITY Tuition Reimbursement/School Fire 229139 4,375 BECKERING,DARIN Deposits Escrow Check# Amount Supplier/Explanation Account Description Business Unit Explanation 229175 4,375 HILSON,DANIEL Deposits Escrow 228907 4,340 BARR ENGINEERING COMPANY Design&Engineering Storm Drainage 228686 4,321 FLEET MAINTENANCE INC Equipment Parts Fleet Operating 229148 4,319 CENTERPOINT ENERGY Other Contracted Services Rehab 228947 4,140 HENNEPIN COUNTY MEDICAL CENTER Tuition Reimbursement/School Fire 229056 4,140 FINLEY BROS INC Other Contracted Services Park Maintenance 229192 4,107 MACQUEEN EQUIPMENT INC Equipment Repair&Maint Sewer System Maintenance 229030 4,035 BARR ENGINEERING COMPANY Design&Engineering Storm Drainage 229093 4,000 NADYBSKA,ANIA K Miscellaneous Communications 229069 3,993 HOHENSTEINS INC Beer Prairie Village Liquor Store 228780 3,986 BEST BUY Capital Under$25,000 Fitness Center 229108 3,954 ST CROIX TREE SERVICE INC Other Contracted Services Tree Removal 228856 3,949 NORTHERN AIR CORPORATION Contract Svcs-HVAC Fitness/Conference-Cmty Ctr 229208 3,942 PAUSTIS&SONS COMPANY Wine Imported Prairie View Liquor Store 228670 3,928 CO2 SYSTEMS INC Equipment Repair&Maint Water Treatment Plant 229242 3,874 WINE MERCHANTS INC Wine Imported Prairie View Liquor Store 228747 3,767 WINE MERCHANTS INC Wine Imported Prairie View Liquor Store 228888 3,732 VERIZON WIRELESS Wireless Subscription IT Operating 228835 3,627 LANO EQUIPMENT INC Equipment Parts Storm Drainage 229015 3,588 WHAT WORKS INC Other Contracted Services Prairie Village Liquor Store 1005140 3,477 ASPEN WASTE SYSTEMS INC. Waste Disposal Fitness/Conference-Cmty Ctr 229011 3,473 US HEALTH WORKS MEDICAL GRP MN,PC Health&Fitness Fire 228788 3,308 COHEN,RICHARD AR Utility Water Enterprise Fund 229138 3,287 BEARPATH HOMEOWNERS ASSOCIATION AR Utility Water Enterprise Fund 229037 3,287 BUSINESS IMPACT GROUP Clothing&Uniforms Fire 228951 3,286 IMPACT PROVEN SOLUTIONS Other Contracted Services Sewer Accounting 228807 3,268 GLEN LAKE GOLF Instructor Service Lesson Skills Development 228999 3,160 SIDEKICK Microfilming/scanning Engineering 229052 3,137 DYNAMIC IMAGING SYSTEMS INC Software Maintenance IT Operating 228672 3,095 CENTURYLINK Telephone IT Telephone 229150 3,088 CENTURYLINK Elevators IT Telephone 228987 3,000 POSTAGE BY PHONE RESERVE ACCOUNT Postage Customer Service 228658 2,963 A-1 STRIPES INC Improvement Contracts Capital Maint.&Reinvestment 1005154 2,832 DAKOTA SUPPLY GROUP INC Merchandise for Resale Water Metering 228696 2,817 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Board of Prisoner Police 229189 2,672 LANO EQUIPMENT INC Other Rentals Storm Drainage 228965 2,624 LYNCH,MIKE Instructor Service Camps 229112 2,609 TRANSPORT GRAPHICS Repair&Maint.Supplies Fire 228929 2,604 DPC INDUSTRIES INC Treatment Chemicals Water Treatment Plant 1005158 2,584 DORSEY&WHITNEY LLP Other Contracted Services Project Fund 229081 2,532 LAVAN FLOOR COVERING Capital Under$25,000 FF&E-Furn,Fixtures&Equip. 229201 2,500 MN CIT OFFICERS ASSOCIATION Tuition Reimbursement/School Police 228818 2,497 HOHENSTEINS INC Beer Prairie View Liquor Store 229099 2,369 PAUSTIS&SONS COMPANY Wine Imported Prairie Village Liquor Store 228709 2,350 MEALS ON WHEELS Other Contracted Services Housing and Community Service 229034 2,289 BERNICK'S WINE Beer Prairie Village Liquor Store 228938 2,210 GOODPOINTE TECHNOLOGY (C/O ZOOM) Design&Engineering CIP Pavement Management 228852 2,195 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Riley Lake 229227 2,180 STRAND MANUFACTURING CO INC Repair&Maint.Supplies Water Treatment Plant 228804 2,138 GARY CARLSON EQUIPMENT Repair&Maint.Supplies Storm Drainage 228779 2,132 BERNICK'S WINE Misc Non-Taxable Prairie View Liquor Store 228910 2,123 BLOOMINGTON,CITY OF Kennel Services Animal Control 229191 2,100 LONDON CHIMNEY SWEEPS Other Contracted Services Rehab 228663 2,071 ARTISAN BEER COMPANY Beer Prairie View Liquor Store 229014 2,050 WELLS FARGO BANK MINNESOTA NA Paying Agent 2008A Capital Equipment Notes 1005149 2,047 BOYER TRUCKS Equipment Parts Fleet Operating 228725 2,047 PAUSTIS&SONS COMPANY Wine Imported Prairie View Liquor Store 4870 2,039 GENESIS EMPLOYEE BENEFITS,INC Other Contracted Services Health and Benefits 228939 1,997 GOPHER STATE ONE-CALL OCS-Leak Detection Utility Operations-General Check# Amount Supplier/Explanation Account Description Business Unit Explanation 228799 1,934 DOMACE VINO Wine Imported Den Road Liquor Store 229119 1,934 WINE MERCHANTS INC Wine Imported Prairie Village Liquor Store 228940 1,917 GRAPE BEGINNINGS Wine Imported Prairie Village Liquor Store 228719 1,911 MN DEPT OF TRANSPORTATION Testing-Soil Boring Shady Oak Rd-CR 61 North 229177 1,889 HOHENSTEINS INC Beer Den Road Liquor Store 229002 1,879 SOUTHWEST SUBURBAN PUBLISHING-CLASSIFIED Legal Notices Publishing Recreation Admin 228882 1,861 T-MOBILE USA Developer Fees Escrow 4869 1,837 GENESIS EMPLOYEE BENEFITS,INC Other Contracted Services Health and Benefits 228977 1,833 NORTH STAR PUMP SERVICE Equipment Repair&Maint Sewer Liftstation 228963 1,790 LEAGUE OF MINNESOTA CITIES Dues&Subscriptions Storm Drainage 228898 1,773 ADESA MPLS Miscellaneous DWI Forfeiture 229091 1,722 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Customer Service 229074 1,687 INTERNATIONAL UNION OF OPERATING Union Dues Withheld General Fund 229027 1,683 ARTISAN BEER COMPANY Beer Prairie Village Liquor Store 229132 1,664 ARTISAN BEER COMPANY Beer Prairie View Liquor Store 228659 1,621 AGGREGATE INDUSTRIES Asphalt Overlay Capital Maint.&Reinvestment 229103 1,620 PLEHAL BLACKTOPPING INC Improvement Contracts Street Maintenance 229145 1,608 BRYAN ROCK PRODUCTS INC Landscape Materials/Supp Park Maintenance 228979 1,598 NORTHSTAR MUDJACKING SPECIALISTS Mudjacking Curbs Drainage 228705 1,582 KODIAK CUSTOM LETTERING INC Clothing&Uniforms Fitness Center 228984 1,581 PAUSTIS&SONS COMPANY Wine Imported Prairie Village Liquor Store 1005152 1,540 CERIDIAN Ceridian IT Operating 229149 1,535 CENTRAL ROOFING COMPANY Other Contracted Services Rehab 229202 1,513 MRPA Special Event Fees Softball 228861 1,500 OVERLAND CONTRACTING INC Developer Fees Escrow 228814 1,457 HENNEPIN TECHNICAL COLLEGE Tuition Reimbursement/School Fire 229089 1,443 MIDWEST COCA COLA BOTTLING COMPANY Misc Taxable Concessions 228841 1,400 MARTIN-MCALLISTER Employment Support Test Organizational Services 228902 1,388 ARTISAN BEER COMPANY Beer Den Road Liquor Store 229122 1,350 XIGENT SOLUTIONS LLC Other Contracted Services IT Operating 229005 1,323 STAPLES ADVANTAGE Office Supplies Customer Service 229025 1,303 AMES CONSTRUCTION INC Improvement Contracts Storm Drainage 229214 1,298 RETROFIT COMPANIES,INC,THE Supplies-Electrical City Hall-CAM 228796 1,292 CUSHMAN MOTOR COMPANY INC. Equipment Parts Fleet Operating 1005181 1,258 ODESA II LLC Other Contracted Services Round Lake 228819 1,250 HOMELINE Other Contracted Services Housing and Community Service 229211 1,205 POWERPLAN OIB Equipment Parts Fleet Operating 228821 1,184 ICMA Dues&Subscriptions Administration 228996 1,182 SAM'S CLUB Operating Supplies Special Initiatives 229035 1,170 BEST BUY Miscellaneous IT Operating 228875 1,163 SPEEDPRO IMAGING OF SHAKOPEE Protective Clothing Fire 228962 1,150 KUSSKE CONSTRUCTION Waste Blacktop/Concrete Street Maintenance 228739 1,145 STRAND MANUFACTURING CO INC Repair&Maint.Supplies Water Treatment Plant 228869 1,141 RETROFIT COMPANIES,INC,THE Supplies-Electrical Fitness/Conference-Cmty Ctr 228667 1,115 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating 228945 1,110 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Board of Prisoner Police 229136 1,100 BARTON SAND&GRAVEL CO Waste Blacktop/Concrete Street Maintenance 228777 1,096 BARR ENGINEERING COMPANY Design&Engineering Storm Drainage Projects 229065 1,069 HALLER,RYAN Refunds Storm Drainage 229044 1,065 CRETEX SPECIALTY PRODUCTS Repair&Maint.Supplies Sewer Fund 228884 1,050 TWIN CITIES FANTASY FACTORY LLC Instructor Service Camps 4856 1,047 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Operating 229190 1,036 LINDQUIST,TOM Refunds Storm Drainage 228950 1,033 HOHENSTEINS INC Beer Den Road Liquor Store 228710 1,005 MEDICINE LAKE TOURS Special Event Fees Trips 229090 1,000 MIN.UNG Insurance Claims Sewer Utility-General 229033 975 BCA/CRIMINAL JUSTICE TRAINING&EDUCATIO Tuition Reimbursement/School Police 228834 957 LAKE COUNTRY DOOR LLC Contract Svcs-General Bldg Public Works/Parks 228845 955 MIDWEST COCA COLA BOTTLING COMPANY Misc Taxable Den Road Liquor Store Check# Amount Supplier/Explanation Account Description Business Unit Explanation 229226 953 STAPLES ADVANTAGE Office Supplies Customer Service 228680 946 DEPARTMENT OF HUMAN SERVICES Other Contracted Services Park Maintenance 228778 934 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating 1005164 933 GRANICUS INC Equipment Repair&Maint Cable PEG 228952 931 J H LARSON COMPANY Supplies-Electrical City Hall-CAM 229008 925 SUPERIOR STRIPING INC Contract Svcs-Asphalt/Concr. Fitness/Conference-Cmty Ctr 1005144 921 BELLBOY CORPORATION Misc Taxable Prairie View Liquor Store 229102 888 PITNEY BOWES Other Rentals Customer Service 228717 880 MINNESOTA SAFETY SERVICES LLC Instructor Service Pool Lessons 229086 855 MEDICINE LAKE TOURS Special Event Fees Trips 228685 850 FIRE RESCUE ALLIANCE Tuition Reimbursement/School Fire 228690 836 GRAPE BEGINNINGS Wine Imported Prairie View Liquor Store 228660 834 ALTERNATIVE BUSINESS FURNITURE INC Contract Svcs-Gen.Bldg City Center Operations 229204 833 NEW AMERICAN ACADEMY Other Contracted Services Housing and Community Service 229023 830 ACTIVE NETWORK INC,THE Other Hardware IT Operating 228942 830 GREEN MEADOWS INC Other Contracted Services Park Maintenance 228982 823 OUTDOOR ENVIRONMENTS INC Other Contracted Services Park Maintenance 228912 819 BOURGET IMPORTS Wine Imported Prairie Village Liquor Store 1005141 812 ASSOCIATED BAG COMPANY Operating Supplies Inspections-Administration 1005176 810 MENARDS Supplies-General Bldg Fire Station#3 229045 805 DAILEY DATA&ASSOCIATES Other Contracted Services Prairie Village Liquor Store 229195 802 METRO CLEANING Contract Svcs-Garden Romm Garden Room Repairs 228844 792 MHSRC/RANGE Tuition Reimbursement/School Police 228915 780 CEMSTONE PRODUCTS COMPANY Repair&Maint.Supplies Storm Drainage 228815 780 HENNEPIN TECHNICAL COLLEGE Tuition Reimbursement/School Police 229151 779 CENTURYLINK Telephone Water Distribution 229135 778 BADER DEVELOPMENT Reimbursement Escrow 1005180 766 NEW WORLD SYSTEMS Software Maintenance IT Operating 229129 765 ALTERNATIVE BUSINESS FURNITURE INC Capital Under$25,000 FF&E-Furn,Fixtures&Equip. 228792 750 COMMUNITY ACTION PARTNERSHIP Refunds CDBG-Public Service 228956 735 KAISER,DAVID S Operating Supplies Fitness Center 228935 732 FLYING CLOUD T/S#U70 Waste Disposal Park Maintenance 229032 728 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating 228688 726 GAS TANK RENU OF MINNESOTA Equipment Repair&Maint Fleet Operating 228698 722 HOHENSTEINS INC Beer Den Road Liquor Store 229164 720 FIRE SAFETY USA INC Repair&Maint.Supplies Fire 228851 714 MINNESOTA RESTAURANT SERVICES Contract Svcs-Electrical Garden Room Repairs 228769 704 ADVANCED ROOFING&SIDING Building Permits General Fund 228681 700 DIETHELM,TAMMY L Other Contracted Services Pleasant Hill Cemetery 228889 690 VINE LINE DISTRIBUTION LLC Wine Domestic Prairie Village Liquor Store 229245 690 XTREME INTEGRATION Cable TV Arts Center 229024 687 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Fire 229048 686 DEPARTMENT OF HUMAN SERVICES Other Contracted Services Park Maintenance 229225 684 ST CROIX TREE SERVICE INC Other Contracted Services Prairie East Park 229131 680 AQUA ENGINEERING INC Grounds Maintenance Utility Operations-General 1005163 676 GRAINGER Safety Supplies City Hall-CAM 229134 675 AUTHENTIC EDGE LLC Conference/Training IT Operating 228899 670 AGGREGATE INDUSTRIES Asphalt Overlay Street Maintenance 229107 668 SPIRIT APPAREL&STUFF Operating Supplies Special Events(CC) 229012 660 VINE LINE DISTRIBUTION LLC Wine Domestic Den Road Liquor Store 229019 660 WORKING FIRE TRAINING Training Supplies Fire 4849 658 CERIDIAN Garnishment Withheld General Fund 228737 655 STAPLES ADVANTAGE Operating Supplies City Center Operations 228876 655 ST PAUL,CITY OF Tuition Reimbursement/School Police 228949 650 HINDING,CHRIS Instructor Service Special Initiatives 1005182 648 PARLEY LAKE WINERY Wine Domestic Prairie View Liquor Store 229031 643 BARTNIK,JULENE Refunds Water Accounting 229219 640 SHORT ELLIOTT HENDRICKSON INC Other Contracted Services Storm Drainage 229246 639 ZACKS INC Operating Supplies Park Maintenance Check# Amount Supplier/Explanation Account Description Business Unit Explanation 1005179 624 MPX GROUP,THE Operating Supplies Police 229180 617 J H LARSON COMPANY Building Repair&Maint. Park Maintenance 228842 607 MASTER CRAFT LABELS INC Fire Prevention Supplies Fire 229003 600 SOUTHWEST TRANSIT Other Contracted Services Housing and Community Service 229110 600 STORK,ALEX Other Contracted Services Water Treatment Plant 1005169 598 KUSTOM SIGNALS INC Equipment Repair&Maint General Fund 228664 597 B&B PRODUCTS/RIGS AND SQUADS Equipment Parts Fleet Operating 229109 576 STAPLES ADVANTAGE Office Supplies City Center Operations 229236 574 US HEALTH WORKS MEDICAL GRP MN,PC Health&Fitness Fire 229068 556 HENNEPIN COUNTY UT DEPT Equipment Repair&Maint Public Safety Communications 228917 550 CHINOOK BOOK Operating Supplies Recycle Rebate 229073 550 INFRATECH Equipment Repair&Maint Sewer System Maintenance 228903 547 ASTLEFORD EQUIPMENT COMPANY INC Equipment Parts Fleet Operating 229140 544 BERNICK'S WINE Beer Prairie View Liquor Store 228908 541 BERNICK'S WINE Beer Den Road Liquor Store 228776 540 ATLANTIC SAFETY PRODUCTS Operating Supplies Police 228662 537 APPLIANCE OUTLET CENTER Cleaning Supplies Utility Operations-General 228812 534 HENNEPIN COUNTY I/T DEPT Software Maintenance IT Operating 228946 534 HENNEPIN COUNTY UT DEPT Software Maintenance IT Operating 229217 531 SEASONAL SERVICES ON LAKE MINNETONKA Other Contracted Services Park Maintenance 229020 527 RAY,LEE Deposits Escrow 228983 513 OXYGEN SERVICE COMPANY Operating Supplies Fire 228782 500 BOARD OF WATER&SOIL RESOURCES Miscellaneous Storm Drainage 228969 500 MINDMIXER Other Contracted Services Communications 229156 489 CONTINENTAL SAFETY EQUIPMENT Supplies-HVAC Ice Arena Maintenance 229061 483 GARDEN ROOM FRATELLI'S GARDEN INC,THE Training Supplies Organizational Services 228918 481 COHEN,RICHARD Refunds Water Enterprise Fund 228803 473 FLEETPRIDE INC Equipment Parts Fleet Operating 228986 470 PINNACLE DISTRIBUTING Misc Taxable Prairie Village Liquor Store 228932 464 EDEN PRAIRIE NOON ROTARY CLUB Dues&Subscriptions Police 228881 455 TKO WINES,INC Wine Imported Den Road Liquor Store 228702 453 JOHN DEERE LANDSCAPES/LESCO Repair&Maint.Supplies Park Maintenance 229063 450 GORMAN,TRESSA Deferred Revenue General Fund 229124 450 PUTRAH,LINDA Deferred Revenue General Fund 228805 449 GE CAPITAL Other Rentals IT Operating 1005151 443 CENTERPOINT ENERGY Gas Crestwood Park 228742 439 TITAN ENERGY SYSTEMS Contract Svcs-Fire/Life/Safe Public Works/Parks 228848 432 MINNESOTA ELEVATOR INC Contract Svcs-Elevator Fitness/Conference-Cmty Ctr 229104 432 PROP United Way Withheld General Fund 228943 428 GYM WORKS Equipment Repair&Maint Utility Operations-General 228905 425 AUTHENTIC EDGE LLC Conference/Training IT Operating 228751 424 YOUNGSTEDTS COLLISION CENTER Equipment Repair&Maint Fleet Operating 229028 423 ASPEN MILLS Clothing&Uniforms Fire 228699 420 IND SCHOOL DIST 272 Other Rentals Outdoor Center 229159 419 CUB FOODS EDEN PRAIRIE Operating Supplies Human Resources 228754 418 PETTY CASH-POLICE DEPT Operating Supplies Police 228802 417 FLEET MAINTENANCE INC Equipment Repair&Maint Fleet Operating 229230 410 TKO WINES,INC Wine Imported Prairie View Liquor Store 228729 409 POWERPLAN OIB Equipment Parts Fleet Operating 228966 405 MEADOW GREEN LAWNS INC Other Contracted Services Storm Drainage 228775 403 ARTISAN BEER COMPANY Beer Den Road Liquor Store 229051 402 DOMACE VINO Wine Domestic Den Road Liquor Store 228854 400 MUSIC THEATRE INTERNATIONAL Licenses,Permits,Taxes Summer Theatre 228998 400 SHORT ELLIOTT HENDRICKSON INC Other Contracted Services Storm Drainage 229021 400 FREEBORN CNTY SHERIFF'S DEPT Deposits Escrow 228720 393 MNFIAM BOOK SALES Tuition Reimbursement/School Fire 229167 392 GR MECHANICAL INC Outside Water Sales Escrow 229162 389 EDEN PRAIRIE MALL LLC Building Rental Police 229178 385 IDEA CREEK LLC,THE Operating Supplies Fire Check# Amount Supplier/Explanation Account Description Business Unit Explanation 228997 378 SHAMROCK GROUP,INC-ACE ICE Misc Non-Taxable Prairie Village Liquor Store 228870 377 SHAMROCK GROUP,INC-ACE ICE Misc Non-Taxable Prairie View Liquor Store 228695 370 HD SUPPLY WATERWORKS LTD Repair&Maint.Supplies Park Maintenance 4857 368 CERIDIAN Garnishment Withheld General Fund 4871 368 CERIDIAN Garnishment Withheld General Fund 228794 367 CONTECH ENGINEERED SOLUTIONS LLC Equipment Parts Storm Drainage 228809 363 GRAPE BEGINNINGS Wine Domestic Den Road Liquor Store 228676 363 COSTCO Operating Supplies Fitness Classes 229115 362 VERIZON WIRELESS Pager&Cell Phone Park Maintenance 228786 362 CBIZ FINANCIAL SOLUTIONS INC Other Contracted Services Organizational Services 229215 361 ROAD MACHINERY&SUPPLIES CO Improvement Contracts CIP Trails 228930 359 EARL F ANDERSEN INC Signs Traffic Signs 229141 358 BERRY COFFEE COMPANY Merchandise for Resale Concessions 228669 357 BRO-TEX INC Equipment Parts Fleet Operating 228828 354 KAISER MANUFACTURING INC Repair&Maint-Ice Rink Ice Arena Maintenance 228971 350 MINNESOTA DEPARTMENT OF HEALTH Licenses&Taxes WAFTA 229170 350 GYM WORKS Equipment Repair&Maint Utility Operations-General 228750 348 YALE MECHANICAL INC Contract Svcs-HVAC Utility Operations-General 228909 348 BERRY COFFEE COMPANY Merchandise for Resale Concessions 229196 340 MIDWEST COCA COLA BOTTLING COMPANY Misc Taxable Prairie Village Liquor Store 229080 339 LAKE COUNTRY DOOR LLC Contract Svcs-Gen.Bldg City Center Operations 228784 338 BRIN NORTHWESTERN GLASS COMPANY Contract Svcs-General Bldg Park Shelters 228697 334 HENNEPIN COUNTY TREASURER Waste Disposal Park Maintenance 228774 333 AQUA ENGINEERING INC Landscape Materials/Supp Water Treatment Plant 229142 333 BOARD OF WATER&SOIL RESOURCES Miscellaneous Storm Drainage 229125 330 A-1 STRIPES INC Improvement Contracts Capital Maint.&Reinvestment 229172 328 HD SUPPLY WATERWORKS LTD Equipment Repair&Maint Park Maintenance 229199 324 MINNESOTA ELEVATOR INC Contract Svcs-Elevator Fitness/Conference-Cmty Ctr 228712 322 MIDWEST COCA COLA BOTTLING COMPANY Merchandise for Resale Concessions 228733 320 SHAMROCK GROUP,INC-ACE ICE Misc Non-Taxable Prairie View Liquor Store 229221 314 SNELL,LYN AR Utility Water Enterprise Fund 228916 313 CENTURYLINK Telephone E-911 Program 229203 312 MY CABLE MART Miscellaneous IT Operating 1005165 312 GREENSIDE INC Contract Svcs-Lawn Maint. City Hall-CAM 229071 309 HOME DEPOT CREDIT SERVICES Supplies-General Bldg Fitness/Conference-Cmty Ctr 229078 308 KEEPERS Clothing&Uniforms Fire 228928 307 DISPLAY SALES Supplies-General Bldg Ice Arena Maintenance 228924 307 CONSTRUCTION MATERIALS INC Small Tools Street Maintenance 1005175 307 MARCHAND-TAUER,ANNE Travel Expense Fire 228673 304 CENTURYLINK Telephone IT Telephone 229143 303 BOURGET IMPORTS Wine Imported Prairie View Liquor Store 228722 301 NOKOMIS SHOE SHOP Clothing&Uniforms Inspections-Administration 228970 300 MINNESOTA CONWAY EMS Supplies Fire 228716 300 MINNESOTA RURAL WATER ASSOCIATION Tuition Reimbursement/School Water Treatment Plant 228829 300 KAISER,DAVID S Operating Supplies Ice Rink#1 229205 299 NIHCA Other Contracted Services Community Center Admin 228678 293 DALE GREEN COMPANY,THE Improvement Contracts CIP Trails 1005153 292 CUSTOM HOSE TECH Equipment Parts Fleet Operating 228767 292 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 1005162 285 GETSCHOW,RICK Mileage&Parking Administration 229228 279 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 228744 275 TPCB INC Licenses&Taxes Engineering 229070 274 HOLTAN,ART Refunds Environmental Education 229200 273 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Fredrick Miller Spring 228724 270 NORTHSTAR MUDJACKING SPECIALISTS Repair&Maint.Supplies Escrow 228728 268 PINNACLE DISTRIBUTING Misc Taxable Prairie Village Liquor Store 228991 267 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION Pension-PERA Health and Benefits 228718 266 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Fredrick Miller Spring 229158 265 CRETEX CONCRETE PRODUCTS MIDWEST INC Repair&Maint.Supplies Storm Drainage Check# Amount Supplier/Explanation Account Description Business Unit Explanation 229009 263 TKO WINES,INC Wine Imported Prairie Village Liquor Store 1005170 262 LAWN RANGER,INC,THE Contract Svcs-Lawn Maint. City Hall-CAM 228741 260 TIRE TOWN INC Contract Svcs-Ice Rink Ice Arena Maintenance 228864 260 PETTY CASH Petty Cash&Change Funds General Fund 229144 258 BROTHERS FIRE PROTECTION Contract Svcs-Fire/Life/Safe Fire Station#3 229026 252 ANCOM COMMUNICATIONS INC Equipment Repair&Maint Public Safety Communications 228800 250 EXPLORER POST 925 Operating Supplies Reserves 228824 250 IRELANDS COLOR RESTORATIONS Auto Repair&Maint. Water Treatment Plant 229235 250 UPS FREIGHT Miscellaneous IT Operating 229218 246 SHAMROCK GROUP,INC-ACE ICE Misc Non-Taxable Den Road Liquor Store 228849 244 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Customer Service 228937 243 GERTENS Landscape Materials/Supp Park Maintenance 1005148 242 BOUND TREE MEDICAL LLC EMS Supplies Fire 228895 242 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 1005177 236 MILLARD,CHRIS Travel Expense Police 228894 234 AAA LAMBERTS LANDSCAPE PRODUCTS INC Landscape Materials/Supp Storm Drainage 229166 232 G&K SERVICES-MPLS INDUSTRIAL Other Contracted Services Storm Drainage 228994 227 RIGHTWAY GLASS INC Equipment Parts Fleet Operating 229212 226 PRAIRIE LAWN AND GARDEN Equipment Repair&Maint Park Maintenance 228981 225 OLSEN,RAY L Equipment Repair&Maint Fleet Operating 229130 224 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Prairie View Liquor Store 229042 224 COMMUNITY HEALTH CHARITIES OF MINNESOTA United Way Withheld General Fund 228711 223 METRO APPLIANCE RECYCLING Waste Disposal Fleet Operating 228925 221 CRETEX CONCRETE PRODUCTS MIDWEST INC Repair&Maint.Supplies Storm Drainage 228789 211 COMCAST Wireless Subscription IT Operating 228858 209 OLSEN COMPANIES Repair&Maint.Supplies Storm Drainage 228921 206 COMCAST Operating Supplies Fire 228808 205 GOLDEN VALLEY SUPPLY CO Supplies-General Bldg Fitness/Conference-Cmty Ctr 228694 204 HAYEN,LINDA Other Contracted Services General Fund 229113 202 UNITED WAY United Way Withheld General Fund 228665 200 BALDINGER,WENDY Other Contracted Services Staring Lake Concert 228871 200 SHEAHAN,FREDERICK Refunds Environmental Education 1005156 200 DEANE,KIMBERLEY Tuition Reimbursement/School Fitness Classes 228976 200 NORTH COUNTRY WOODSHOP Instructor Service Senior Center Programs 228797 197 DEPARTMENT OF COMMERCE AR Utility Escrow 228826 196 JOHN DEERE LANDSCAPES/LESCO Landscape Materials/Supp Storm Drainage 229210 194 PINNACLE DISTRIBUTING Misc Taxable Prairie View Liquor Store 228693 190 GYM WORKS Equipment Repair&Maint Fitness Center 228890 190 VINOANDES Wine Imported Prairie Village Liquor Store 228831 189 KODIAK CUSTOM LETTERING INC Clothing&Uniforms Community Center Admin 1005174 189 MAHTANI,TANIA Conference/Training Community Development Admin. 229085 182 MATTS AUTO SERVICE INC Equipment Repair&Maint Fleet Operating 1005168 182 INTOXIMETERS Miscellaneous DWI Forfeiture 228783 177 BOARD OF WATER&SOIL RESOURCES Miscellaneous Storm Drainage 229198 177 MINNESOTA CITY/COUNTY MANAGEMENT ASSOCIA Dues&Subscriptions Administration 229231 176 TMS JOHNSON Supplies-HVAC Public Works/Parks 228795 176 CUB FOODS EDEN PRAIRIE Clothing&Uniforms Police 228661 173 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Den Road Liquor Store 228900 173 AMERIPRIDE LINEN&APPAREL SERVICES Repair&Maint.Supplies Den Road Liquor Store 229123 168 YOUNG,MARTI Deposits-P&R Refunds Community Center Admin 229116 167 VINOANDES Wine Imported Prairie Village Liquor Store 228740 167 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 228846 167 MINNEAPOLIS FINANCE DEPARTMENT Software Maintenance IT Operating 229050 165 DOGWATCH OF THE TWIN CITIES Equipment Repair&Maint Storm Drainage 229117 164 WAYTEK INC Operating Supplies Park Maintenance 228919 162 COMCAST Operating Supplies Fire 228980 160 NOVAK STUMP REMOVAL Other Contracted Services Tree Removal 229213 160 REGENTS OF THE UNIVERSITY OF MINNESOTA Lime Residual Removal Water Treatment Plant 228773 160 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Prairie Village Liquor Store Check# Amount Supplier/Explanation Account Description Business Unit Explanation 228879 159 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 229233 156 TRUCK UTILITIES MFG CO Equipment Parts Fleet Operating 228920 155 COMCAST Operating Supplies Fire 228922 155 COMCAST Operating Supplies Fire 228883 155 TMS JOHNSON Supplies-Electrical City Hall-Direct Costs 228886 153 UNIVERSITY OF MINNESOTA,VMC Canine Supplies Police 228880 150 THOM,JOHN Tuition Reimbursement/School Water Treatment Plant 229152 150 CHRISTIANSEN,ERIC Refunds Environmental Education 4848 142 OPTUM HEALTH Other Contracted Services Health and Benefits 1005173 140 LUBRICATION TECHNOLOGIES INC Lubricants&Additives Fleet Operating 229207 140 NORTHWEST LIGHTING SYSTMES CO. Supplies-Electrical City Hall-CAM 228806 137 GENERAL MACHINING INC. Equipment Repair&Maint Fleet Operating 228723 137 NORTHERN TOOL Operating Supplies Traffic Signals 229007 137 STRAND MANUFACTURING CO INC Repair&Maint.Supplies Water Wells 229182 137 JOHN DEERE LANDSCAPES/LESCO Repair&Maint.Supplies Sewer System Maintenance 228948 136 HENNEPIN COUNTY TREASURER Software Maintenance IT Operating 229096 135 OUTDOORS AGAIN INC Other Contracted Services Park Maintenance 229169 135 GROTH MUSIC Operating Supplies Community Band 1005142 135 ATLANTIC TACTICAL Clothing&Uniforms Police 229126 134 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 228689 133 GERTENS Landscape Materials/Supp Park Maintenance 1005150 132 CANNON RIVER WINERY Wine Domestic Prairie View Liquor Store 229224 130 SOUTHWEST STATION MGMT Improvement Contracts CIP Trails 229022 128 440400-NCPERS MINNESOTA PERA Health and Benefits 228692 127 GS DIRECT Operating Supplies Engineering 228836 126 LARSON,RICHARD Refunds Environmental Education 1005146 125 BEUTZ,KARI Tuition Reimbursement/School Fitness Classes 229179 124 INDUSTRIAL SUPPLY CO INC Repair&Maint.Supplies Water Treatment Plant 229038 122 CENTURYLINK Telephone IT Telephone 228766 120 AAA LAMBERTS LANDSCAPE PRODUCTS INC Landscape Materials/Supp Storm Drainage 228736 120 SQUARE CUT Instructor Service Senior Center Programs 1005171 115 LEVERSON,DEANNA Tuition Reimbursement/School Fitness Classes 229163 114 EDEN PRAIRIE WINLECTRIC Operating Supplies Traffic Signals 229088 113 MICRO CENTER A/R Miscellaneous IT Operating 1005161 113 FORCE AMERICA Equipment Parts Fleet Operating 1005159 113 FASTENAL COMPANY Equipment Parts Park Maintenance 228743 113 TLO LLC Other Contracted Services Police 228753 110 SCHMIEG,KEVIN Licenses&Taxes Inspections-Administration 228885 110 UNDESSER,JOHN Licenses&Taxes Inspections-Administration 229053 110 EDEN PRAIRIE CHAMBER OF COMMERCE Miscellaneous Economic Development 229133 109 ASPEN MILLS Clothing&Uniforms Fire 229004 106 SPECIALIZED ENVIRONMENTAL TECHNOLOGIES I Landscape Materials/Supp Community Center 228964 105 LORENZ LUBRICANT COMPANY Equipment Parts Fleet Operating 229176 104 HITT CONTRACTING INC Building Permits General Fund 228687 104 G&K SERVICES-MPLS INDUSTRIAL Other Contracted Services Park Maintenance 228974 103 MINNESOTA WANNER COMPANY Supplies-Plumbing City Center Operations 228798 102 DIRECTV Cable TV Community Center Admin 229049 102 DIRECTV Cable TV Community Center Admin 228816 100 HERZOG,LINDA Refunds Environmental Education 228843 100 MCHALE,JACKIE Refunds Environmental Education 228866 100 RADHAKRISHNAN,MURALI Refunds Environmental Education 228878 100 STEVENS,DEBBIE Refunds Environmental Education 229079 100 LABONNE,ANN Instructor Service Youth Programs Admin 229098 100 PAGE,ERIN Refunds Environmental Education 229157 100 COONEY,THOMAS Refunds Environmental Education 229160 100 CZERNIECKI,STEPHANIE Refunds Environmental Education 228995 99 ROSEMOUNT SAW&TOOL CO Equipment Repair&Maint Fleet Operating 229097 98 OXYGEN SERVICE COMPANY Operating Supplies Fire 229043 98 CRETEX CONCRETE PRODUCTS MIDWEST INC Repair&Maint.Supplies Storm Drainage Check# Amount Supplier/Explanation Account Description Business Unit Explanation 228840 98 MALLO,JOHN E Operating Supplies Arts Center 229036 97 BOGREN,ANN Conference/Training Police 1005172 97 LOCATORS&SUPPLIES INC Operating Supplies Park Maintenance 228791 97 COMMITTEE TO ELECT YVONNE SELCER,THE Deposits-P&R Refunds Community Center Admin 229046 95 DELEGARD TOOL CO Operating Supplies Fleet Operating 1005145 92 BERTELSON TOTAL OFFICE SOLUTIONS Office Supplies Utility Operations-General 4866 90 VANCO SERVICES Miscellaneous Community Center Admin 228684 90 FENN,CLAUDIA Deposits-P&R Refunds Community Center Admin 228868 90 REMAKEL,JOHN Deposits-P&R Refunds Community Center Admin 228862 90 OXYGEN SERVICE COMPANY Operating Supplies Fire 229238 89 VERIZON WIRELESS Telephone E-911 Program 229183 86 JOHN J MORGAN COMPANY Supplies-HVAC Fire Station#4 228820 85 IAFCI MN CHAPTER Tuition Reimbursement/School Police 228850 85 MINNESOTA REAL ESTATE JOURNAL Dues&Subscriptions General Fund 228931 85 EDEN PRAIRIE CHAMBER OF COMMERCE Miscellaneous Assessing 229216 84 SAFEGUARD PROPERTIES AR Utility Water Enterprise Fund 4865 83 DELUXE BUSINESS FORMS AND SUPPLIES Bank and Service Charges Arts Center 228904 81 AT&T MOBILITY Pager&Cell Phone Water System Maintenance 228726 80 PETSMART Canine Supplies Police 229105 78 SHAMROCK GROUP,INC-ACE ICE Misc Non-Taxable Prairie View Liquor Store 228813 78 HENNEPIN COUNTY TREASURER Operating Supplies-Escrow Planning 229039 77 CMI INC Miscellaneous DWI Forfeiture 229076 75 JOHN DEERE LANDSCAPES/LESCO Landscape Materials/Supp Street Maintenance 228860 75 OMEGA INDUSTRIES Equipment Repair&Maint Park Maintenance 229128 74 ACME TOOLS Operating Supplies Senior Center Programs 228830 73 KEEPERS Clothing&Uniforms Reserves 229247 72 CENTURYLINK Process Control Services Water Treatment Plant 228746 70 UNIVERSITY OF MINNESOTA Conference/Training Engineering 228857 69 NOVAK STUMP REMOVAL Repair&Maint.Supplies Sewer Liftstation 229067 69 HD SUPPLY WATERWORKS LTD Repair&Maint.Supplies Sewer Fund 228958 69 KEEPERS Clothing&Uniforms Reserves 229155 68 CONSTRUCTION MATERIALS INC Building Materials Round Lake 229047 67 DELUXE BUSINESS CHECKS&SOLUTIONS Bank and Service Charges Finance 228704 63 KEEPERS Clothing&Uniforms Police 228877 62 STAPLES ADVANTAGE Office Supplies Customer Service 229060 61 G&K SERVICES-MPLS INDUSTRIAL Cleaning Supplies Utility Operations-General 229197 61 MINN OFFICE OF ENTERPRISE TECHNOLOGY Other Contracted Services Police 229188 60 LAMBERT,CHERISE AR Utility Water Enterprise Fund 228666 60 BARTON SAND&GRAVEL CO Repair&Maint.Supplies Storm Drainage 228811 58 HALL,BRANDI Deposits-P&R Refunds Community Center Admin 1005143 58 BATTERIES PLUS Supplies-Electrical Senior Center 229095 56 OLSON,HEATHER Deposits-P&R Refunds Community Center Admin 229241 53 WEAVER,MARY AR Utility Water Enterprise Fund 228934 53 EDEN PRAIRIE WINLECTRIC Building Repair&Maint. Park Maintenance 228961 52 KODIAK CUSTOM LETTERING INC Clothing&Uniforms Ice Rink#1 228677 51 CRAFT MASTERS REMODELING INC Building Permits General Fund 228833 50 KRAFT,MATTHEW E Operating Supplies Theatre Initiative 228785 50 CARLSON,RACHEL Refunds Environmental Education 228839 50 MAHONEY,DANIEL P Refunds Environmental Education 228887 50 US HEALTH WORKS MEDICAL GRP MN,PC Employment Support Test Organizational Services 229118 50 WILLIAMS,DENNIS A Refunds Environmental Education 229185 50 KACHELMEIER,MARK Refunds Environmental Education 229173 50 HIGGINS,MONICA AR Utility Water Enterprise Fund 228927 49 DIRECTV Other Contracted Services Police 229087 49 MEYER,GRETEL Refunds Environmental Education 229229 49 SWENSON,ANN Refunds Environmental Education 229232 49 TRAN,ANDY AR Utility Water Enterprise Fund 229193 48 MATSON,TOM Small Tools Fleet Operating 228960 45 KOCHER,SUSAN Instructor Service Outdoor Center Check# Amount Supplier/Explanation Account Description Business Unit Explanation 228715 45 MINNESOTA POLLUTION CONTROL AGENCY Licenses&Taxes Sewer Utility-General 228914 45 BUSINESS IMPACT GROUP Clothing&Uniforms Fire 229146 45 BUSINESS IMPACT GROUP Clothing&Uniforms Fire 228679 43 DAVANNI'S PIZZA Merchandise for Resale Concessions 229161 43 DELEGARD TOOL CO Small Tools Fleet Operating 229006 42 STATE OF MINNESOTA Miscellaneous DWI Forfeiture 228988 41 PRAIRIE LAWN AND GARDEN Equipment Parts Fleet Operating 228926 40 DAVANNI'S PIZZA Merchandise for Resale Concessions 228707 40 LLOYD,ABRAHAM&KRYSTN PITT Deposits Community Center Admin 229040 40 COMCAST Operating Supplies Fire 1005160 38 FERRELLGAS Equipment Parts Fleet Operating 228706 38 KOTIFANI,JUDY Deposits-P&R Refunds Community Center Admin 228817 36 HESBY, MELISSA Deposits-P&R Refunds Community Center Admin 228847 35 MINNESOTA DEPT OF HEALTH Licenses,Permits,Taxes,Fees Concessions 228968 35 MGWA Dues&Subscriptions Utility Operations-General 228793 34 CONSTRUCTION MATERIALS INC Repair&Maint.Supplies Storm Drainage 228708 34 MANION,GAYL Deposits-P&R Refunds Community Center Admin 229054 32 EDEN PRAIRIE NEWS Dues&Subscriptions Police 228853 31 MORROW,LORI Deposits-P&R Refunds Community Center Admin 228972 30 MINNESOTA MUNICIPAL BEVERAGE ASSOCIATION Conference/Training Prairie Village Liquor Store 229072 30 IND SCHOOL DIST 272 Building Rental Summer Theatre 229082 30 LEAGUE OF MINNESOTA CITIES Dues&Subscriptions City Council 229114 30 VALLEY VIEW COOPERATIVE Refunds Environmental Education 229234 30 UNIFORMS UNLIMITED Clothing&Uniforms Police 229111 28 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 229194 25 MCGRATH,PEGGY AR Utility Water Enterprise Fund 4854 25 MINNESOTA DEPT OF REVENUE Licenses&Taxes Fleet Operating 228683 25 EDEN PRAIRIE CHAMBER OF COMMERCE Miscellaneous Economic Development 228901 25 APPRAISAL INSTITUTE Dues&Subscriptions Assessing 228714 23 MINNESOTA DEPT OF HEALTH Tuition Reimbursement/School Water Treatment Plant 229029 22 AT&T MOBILITY Pager&Cell Phone Park Maintenance 229220 22 SLIPPER,CAROL AR Utility Water Enterprise Fund 228671 20 CARLSON,LINDA R Deposits Community Center Admin 228674 20 CLAUS,CARRIE Deposits Community Center Admin 228682 20 DONG,NAIBIN Deposits Community Center Admin 228732 20 SCHLECK,BRENT Deposits Community Center Admin 228738 20 STOUFF,ALICIA Deposits Community Center Admin 228906 20 AXEL,RICHARD Deposits Community Center Admin 228957 20 KALIHER,SANDRA Deposits Community Center Admin 229187 20 KOLB,RON City Building Rental City Center Operations 229094 19 OLSEN COMPANIES Repair&Maint.Supplies Fire 229084 17 MATSON,TOM Small Tools Fleet Operating 229153 16 COMCAST Wireless Subscription IT Operating 228867 16 REI PROPERTY MANAGEMENT AR Utility Water Enterprise Fund 229240 15 WATSON,MATTHEW AR Utility Water Enterprise Fund 228700 14 INNOVATIVE OFFICE SOLUTIONS Operating Supplies Elections 229066 14 HARRIS,ANGELA SMITH Deposits-P&R Refunds Community Center Admin 228992 11 RICHFIELD,CITY OF Licenses&Taxes Fleet Operating 1005167 10 HD SUPPLY FACILITIES MAINTENANCE Supplies-Electrical City Hall-Direct Costs 228801 10 FISCHER,MARLENE Deposits-P&R Refunds Community Center Admin 229062 10 GONYEA HOMES INC Building Permits General Fund 229100 10 PETERSON,ED Deposits-P&R Refunds Community Center Admin 228973 9 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Riley Creek Woods 229058 9 FISERV INC Bank and Service Charges Water Accounting 229186 7 KEEPERS Operating Supplies Fire 229174 7 HILLGERS,JAMES AR Utility Water Enterprise Fund 228721 7 MUSE,YASMIN Deposits-P&R Refunds Community Center Admin 229041 5 COMCAST Operating Supplies Fire 229055 4 EDEN PRAIRIE WINLECTRIC Building Repair&Maint. Park Maintenance Check# Amount Supplier/Explanation Account Description Business Unit Explanation 228790 2 COMCAST Other Contracted Services Police 228770 2 AIRCRAFT SPRUCE&SPECIALTY CO Safety Supplies Water Treatment Plant 228954 1 JOHN DEERE LANDSCAPES/LESCO Repair&Maint.Supplies Park Maintenance 6,322,713 Grand Total CITY COUNCIL AGENDA DATE: November 12, 2013 SECTION: Appointments DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIII.A. City Council Appointments to 2014 Board of Appeal and Equalization(BAE) Requested Action Move to: Appoint to the Board of Appeal and Equalization Jim Johnson,Lyndon Moquist, Annette O'Connor,Patricia Pidcock and Todd L.Walker for the period of March 1, 2014 through May 31,2014, or until the Board of Appeal and Equalization completes its work. Synopsis The proposed members for Council approval are experienced real estate professionals with extensive knowledge of the Southwest metro area. Jim Johnson of The Realty House is involved in the sale of single family properties in the southwest metro. Lyndon Moquist of Edina Realty is involved in the sale of single family properties in the southwest metro. Annette O'Connor of Coldwell Banker Burnet Realty is involved in the sale of single family properties in the southwest metro area. Patricia Pidcock of Edina Realty is involved in the sale of single family properties in the southwest metro area and a former member of the City of Eden Prairie City Council. Todd Walker of Coldwell Banker-Burnett is involved in the sale of single family properties in the southwest metro area. Background From 1992 through 2013,the City has appointed a special Board of Appeal and Equalization(also formerly named the Board of Review). The members are citizen volunteers that are active and knowledgeable,with extensive experience in the real estate market. The members are recruited by the City Manager and City Assessor and appointed annually with confirmation by the City Council. The City pays the members a per diem payment of$50 for all required training sessions and Board meetings. In 2003,the Minnesota legislature passed a law requiring members of Boards of Appeal and Equalization to attend a training session,developed by the Minnesota Department of Revenue, at least once every four years. The law also requires that the City document by December 1st of the year preceding the Board of Appeal and Equalization Meeting that at least one member of the Board has been trained within the last four years. The law also requires that a member of the Board of Appeal and Equalization that attended training must be in attendance at the meeting. As a practical matter we try to have all of the members trained by the Department of Revenue. Todd Walker attended training in 2012,Annette O'Connor and City Assessor Steve Sinell attended training in March, 2013, and Lyndon Moquist will be attending the Department of Revenue training session on November 19, 2013 in Plymouth. Patricia Pidcock and Jim Johnson both have conflicts with the November 19th training session and will not be in attendance. CITY COUNCIL AGENDA DATE: SECTION: Report of Community Development Director November 19, 2013 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO. XIV.C.1. Community Development: PACE—Joint Powers Agreement with the St. Janet Jeremiah/David Lindahl Paul Port Authority Requested Council Action Move to: Adopt the Resolution approving the Joint Powers Agreement between the Port Authority of the City of St. Paul and the City of Eden Prairie to implement the Minnesota Property Assessed Clean Energy Program(MN PACE) in Eden Prairie. Synopsis The Port Authority of the City of Saint Paul has established the Property Assessed Clean Energy Program(MN PACE)to finance the acquisition and construction or installation of energy efficiency and conservation improvements on properties located throughout the State of Minnesota through the use of special assessments. One or more energy efficient projects have been identified within the City of Eden Prairie that are in need of financing, including Southwest Crossing's $1.9 million energy efficient project, focusing on using less electrical heat in their facility. To finance such improvements, the St. Paul Port Authority has proposed a Joint Powers Agreement with the City to implement the PACE program in Eden Prairie. The Joint Powers Agreement would designate the Port Authority as the implementing entity to implement and administer the PACE program on behalf of the City to finance energy efficient property improvements. The City would be responsible for placing special assessments on the properties. Background The PACE program was created in 2008 to address barriers of retrofitting buildings to be more energy efficient. The program allows property owners to borrow money from newly established municipal financing districts to finance energy retrofits (efficiency and renewable energy measures) and repay the loan through an annual special tax on their property bill. 31 states and the District of Columbia have adopted legislation that enables local governments to offer PACE benefits to building owners. The 2010 Minnesota legislation specific to PACE allows local governments to offer PACE programs and to designate another authority as the implementing entity. Attachment Resolution Joint Powers Agreement with St. Paul Port Authority CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2013- A RESOLUTION APPROVING THE JOINT POWERS AGREEMENT BY AND BETWEEN THE CITY OF EDEN PRAIRIE AND THE PORT AUTHORITY OF THE CITY OF SAINT PAUL RELATING TO THE MN PACE PROGRAM AND DESIGNATING THE PORT AUTHORITY AS THE IMPLEMENTING ENTITY TO ADMINISTER THE PROGRAM ON BEHALF OF THE CITY WHEREAS, Minnesota Statutes, Sections 216C.435 and 216C.436 (the "Act") authorize the City to provide for the financing of the acquisition and construction or installation of energy efficiency and conservation improvements (the "Improvements") on qualifying real property located within the boundaries of the City through the use of Minnesota Statutes, Chapter 429 special assessments; and WHEREAS, the Act authorizes the City to designate an authority other than the City to implement the program under the Act on behalf of the City; and WHEREAS, the Port Authority of the City of Saint Paul ("Port Authority") has created a program under the Act known as the Property Assessed Clean Energy Program ("MN PACE") for purposes of implementing and administering the activities described in the Act, and the Port Authority is willing to implement and administer that program on behalf of the City; and WHEREAS, the City and the Port Authority desire to enter into a written Joint Powers Agreement pursuant to Minnesota Statutes section 471.59, subd. 1, whereby the City will designate the Port Authority as the implementing entity to implement and administer the MN PACE program on behalf of the City to finance the Improvements. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that execution of the Joint Powers Agreement by and between the City and the Port Authority is hereby approved and that the Port Authority is hereby designated as the implementing entity to implement and administer the MN PACE program on behalf of the City. ADOPTED by the City Council of the City of Eden Prairie this day of November, 2013. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk JOINT POWERS AGREEMENT This Agreement, made and entered into as of the day of , 20_, by and between the Port Authority of the City of Saint Paul (the "Port Authority"), a body corporate and politic, and the City of Eden Prairie, Minnesota, a municipal corporation (the "City"), provides as follows: WHEREAS, the Port Authority has been engaged in governmental programs for providing financing in the City of Saint Paul and in other areas of the State of Minnesota (the "State") by making loans evidenced by various financing leases and loan agreements, and in the process of operating these programs the Port Authority has developed a high degree of financial expertise and strength; and WHEREAS, Minnesota Statutes, Sections 216C.435 and 216C.436 (the "Act") authorize the City to provide for the financing of the acquisition and construction or installation of energy efficiency and conservation improvements (the "Improvements") on qualifying real property located within the boundaries of the City through the use of Minnesota Statutes, Chapter 429 special assessments; and WHEREAS, the Act authorizes the City to designate a an authority other than the City to implement the program under the Act on behalf of the City; and WHEREAS, the City has potentially identified one or more projects within the boundaries of the City that will result in certain Improvements that are in need of financing, and has adopted its Resolution No. (a copy of which is attached hereto as Exhibit A) to designate the Port Authority as the implementing entity to implement and administer a program on behalf of the City to finance such Improvements; and WHEREAS, the Port Authority has created a program under the Act known as the Property Assessed Clean Energy Program ("MN PACE") for purposes of implementing and administering the activities described in the Act, and the Port Authority is willing to implement and administer that program on behalf of the City as requested herein; and WHEREAS, the parties are authorized to enter into this Agreement pursuant to Minnesota Statutes, Section 471.59, subd. 1, wherein two or more governmental units may enter into an agreement to cooperatively exercise any power common to the contracting parties, and one of the participating governmental units may exercise its powers on behalf of the other governmental units. NOW THEREFORE, in consideration of the mutual covenants herein made, the parties to this Agreement hereby agree as follows: 1. The Port Authority shall exercise the powers of the Act on behalf of the City by providing financing for certain Improvements located within the boundaries of the City. Except 1 as otherwise provided in this Joint Powers Agreement, the Port Authority shall be solely responsible for the implementation and administration of MN PACE and the financing of the Improvements. 2. In connection with its implementation and administration of MN PACE, and its financing of the Improvements located within the boundaries of the City, it is anticipated that the Port Authority will enter into various agreements with property owners seeking to obtain financing and sources of financing for certain Improvements located within the boundaries of the City(collectively the "Program Documents"). 3. The Port Authority will charge a fee for its implementation and administration of MN PACE, which fee will be described in, and payable under, the Program Documents. 4. The Port Authority will have the sole duty and responsibility to comply with or enforce covenants and agreements contained in the Program Documents. This power shall specifically include the responsibility for monitoring and enforcing compliance with the provisions of the Program Documents. 5. As permitted by the Act, the source of funds to finance the Improvements shall be a taxable special assessment revenue bond (the "Bond") issued by the Port Authority in favor of Bremer Bank (the "Lender"), pursuant to which the Lender will advance funds under the Program Documents. 6. The Bond shall be a special/limited obligation of the Port Authority, payable solely from special assessments levied by the City as provided herein. The Bond and interest thereon shall neither constitute nor give rise to a general indebtedness or pecuniary liability, or a general or moral obligation, or a pledge or loan of credit of the Port Authority, the City, the City of Saint Paul or the State of Minnesota, within the meaning of any constitutional or statutory provision. To that end, the Port Authority hereby agrees to indemnify and hold harmless the City from and against any claims or losses arising out of the failure of the Port Authority to provide for the payment of principal of, and the interest or any premium on the Bond, from special assessment payments actually paid to the Port Authority by the City. This indemnity shall not, however, be construed to relate to any claims or losses which might arise by virtue of the exercise, by the City, of its governmental powers in connection with the Project, or by virtue of the failure of the City to levy and collect special assessments with respect to the Improvements or promptly remit such special assessment payments to the Port Authority as provided in the Program Documents. 7. As and for its contribution to the financing of the Improvements, and as provided in the Act, the City shall impose and collect special assessments pursuant to Minnesota Statutes, Chapter 429, which are necessary to pay debt service on that portion of the Bond attributable to the Improvements located within the boundaries of the City. Evidence that the City has imposed such special assessments is a precondition to the Port Authority's obligation to provide financing to any Improvements located within the boundaries of the City. 2 8. Once the City has imposed special assessments to finance the Improvements located within the boundaries of the City, the City shall collect and transfer all collections of the assessments upon receipt to the Port Authority for application to the payment of the Bond. The City will take all actions permitted by law to recover the assessments, including without limitation, for tax forfeit parcels, reinstating the outstanding balance of assessments when the property returns to private ownership, in accordance with Minnesota Statutes, Section 429.071, Subd. 4. The City acknowledges that the Lender is a third-party beneficiary of the City's covenants herein with respect to the imposition, collection, and transfer of special assessments described herein. 9. Unless otherwise provided by concurrent action of the Port Authority and the City, this Agreement shall terminate upon the retirement or defeasance of the Bond, and this Agreement may not be terminated in advance of such retirement or defeasance. 10. This Agreement may be amended by the Port Authority and the City, at any time, by an instrument executed by both of them. No amendment hereof may be entered into by the Port Authority or the City, however, if the effect of such amendment would impair the rights of the holder of the Bond, unless such holder has consented to such amendment. 11. This Agreement may be executed in any number of counterparts, each of which when taken together shall constitute a single agreement. [Remainder of page intentionally left blank] 3 IN WITNESS WHEREOF, the Port Authority and the City have caused this Agreement to be executed on their behalf, by their duly authorized officers, as of the day and year first above written. PORT AUTHORITY OF THE CITY OF SAINT PAUL By: Its: President By: Its: Chief Financial Officer CITY OF EDEN PRAIRIE, MINNESOTA By: Its: Mayor,Nancy Tyra-Lukens By: Its: City Manager, Rick Getschow EXHIBIT A RESOLUTION NO. RESOLUTION DESIGNATING THE PORT AUTHORITY TO IMPLEMENT AND ADMINISTER A PROJECT ASSESSED CLEAN ENERGY IMPROVEMENT FINANCING ON BEHALF OF THE CITY, AND PROVIDING FOR THE IMPOSITION OF SPECIAL ASSESSMENTS AS NEEDED IN CONNECTION WITH THAT PROGRAM WHEREAS, the Port Authority of the City of Saint Paul (the "Port Authority") has established the Property Assessed Clean Energy Program ("MN PACE") to finance the acquisition and construction or installation of energy efficiency and conservation improvements (the "Improvements"), on properties located throughout the State of Minnesota through the use of special assessments pursuant to the authority granted by Minnesota Statutes, Sections 216C.435 and 216C.436 ("the Act") and Minnesota Statutes, Chapter 429; and WHEREAS, the City anticipates receiving one or more applications from owners of property located in the City desiring to participate in and receive financing pursuant to the Act; and WHEREAS, in order to finance the Improvements, the City finds that it is beneficial to participate in MN PACE, and to designate the Port Authority as the "implementing entity" pursuant to Minnesota Statutes, Section 216C.435, subd. 6, to implement and administer the program on behalf of the City for purposes of financing the Improvements located within the City; and WHEREAS, the City understands that the Port Authority will issue its MN PACE special assessment revenue bond to finance the Improvements, and that the sole security for that bond will be special assessments imposed by the other cities participating in MN PACE; WHEREAS, the parties have agreed to enter into a Joint Powers Agreement to memorialize the agreement. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Eden Prairie, County of Hennepin, and State of Minnesota as follows: 1. That the City shall enter into a Joint Powers Agreement with the St. Paul Port Authority for the purposes described in the Act and hereby authorizes the execution of the Joint Powers Agreement; and 2. That the City hereby designates the St. Paul Port Authority as the "implementing entity" under Minnesota Statutes, Section 216C.435, subd. 6, to implement and administer programs described in Minnesota Statutes, Section 216C.436. A-1 3. That in order to facilitate and encourage the financing of the Improvements located within the City, the City covenants to levy assessments for said Improvements on the property so benefitted, in accordance with Minnesota Statutes, Chapter 429 and the Program Documents, as defined in the Joint Powers Agreement, as approved by the Port Authority. The interest rate on the special assessments shall be the interest rate on the Bond,plus %. 4. After imposition of the special assessments, the City agrees to collect such assessments and remit them to the Port Authority for use in the repayment of the Bond. The City will take all actions permitted by law to recover the assessments, including without limitation, for tax-forfeit parcels, reinstating the outstanding balance of assessments when the property returns to private ownership, in accordance with Minnesota Statutes, Section 429.071, Subd. 4. Passed this day of , 2013. Nancy Tyra-Lukens, Mayor Attest: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Report of the Parks and Recreation Director November 19, 2013 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.D.2. Jay Lotthammer, Director, Aquatic Addition—Expansion of Parks and Recreation Professional Services Agreement for Architectural Services Requested Action Move To: Approve amending the scope and fees of the current professional services agreement with Hammel, Green and Abrahamson, Inc. (HGA)to complete architectural design and bidding documents for Phase I and II of the Aquatics Addition project as identified on Amended Exhibit A at a total amended cost not to exceed$639,150. Synopsis At the May 7, 2013, City Council Meeting, the City Council approved entering into a professional services agreement with Hammel, Green and Abrahamson, Inc. (HGA) for architectural design services for the Aquatics Expansion. This action authorizes the expansion of the agreement to include the development of all design and bidding documents. Background Following the Feasibility Study and at the direction of the City Council, staff conducted interviews with architectural firms to determine the most appropriate and best value firm. At the May 7, 2013 City Council Meeting,the City Council approved entering into a professional services agreement with Hammel, Green and Abrahamson, Inc. (HGA) for architectural design services for the Aquatics Expansion. Instead of entering into an agreement for the development of full design and bidding documents, staff proposed a method where design and the costs associated with it would be approached on an incremental basis. The first phase that was entered into was the development of construction documents for phase I. This portion of the process has allowed for greater public and user group feedback along with specific drawings that have added to the confidence level of the cost estimates. This action would authorize the expansion of the agreement to include the development of all design and bidding documents. These documents would be completed and bids could be opened in March 2014. At that time,the City Council would be in a position to evaluate the bids and determine if the project should move forward to construction. Potential Timeline Nov. 19, 2013 Proceed with design and bidding documents Nov. 2013 —March 2014 Document development and public input March 2014 Present bids to City Council Attachment Current Professional Services Agreement • Standard Agreement for Professional Services June 2013, between the City Agreement ( Agreement") is made on the 5th day of of Eden Prairie. Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Hammel, Green and Abrahamson, Inc_ a Minnesota corporation (hereinafter "Consultant") whose business address is 420 5t1' Street North, Suite 100, Minneapolis MN 55401. 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 Architectural Design Services for the Aquatics Expansion at the Eden Prairie Community Center 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 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 May 28`", 2013 through September 1, 2015 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 a stipulated sum basis in the amount of $243,000. plus Reimbursable Expenses for the Master Plan Phase (Phase I and II) and Phase I-Design Phase Services as described in the attached Exhibit A. Compensation for Part I-Construction Documents, Bidding/Negotiation, and construction Administration Phases will be negotiated at a future date based upon final definition of Project scope and construction cost, and when the City authorizes such Phases. 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. d B. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City. C. If Consultant is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. 4. City Information. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services: A. Access to the Area. Depending on the nature of the Work, Consultant may from time to time require access to public and private lands or property. As may be necessary, the City shall obtain access to and make all provisions for the Consultant to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work. B. Consideration of the Consultant's Work. The City shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Consultant, and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the Consultant. C. Standards. The City shall furnish the Consultant with a copy of any standard or criteria, including but not limited to, design and construction standards that may be required in the preparation of the Work for the Project. D. City's Representative. A person shall be appointed to act as the City's representative with respect to the work to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the services provided or materials, equipment, elements and systems pertinent to the work covered by this Agreement. 5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an itemized invoice for professional services performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City for: A. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall indicate for each employee, his or her name, job title, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Consultant shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Consultant shall provide an itemized listing and such 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. Standard Agreement for Professional Services Page 2 of 17 B. Suspended Work. If any work performed by the Consultant is suspended in whole or in part by the City, the Consultant shall be paid for any services set forth on Exhibit A performed prior to receipt of written notice from the City of such suspension. C. Payments for Special Consultants. The Consultant shall be reimbursed for the work of special consultants, as described herein, and for other items when authorized in writing by the City. D. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." 6. Project Manager and Staffing. The Consultant has designated Victor Pechaty 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 herein. Consultant may not remove or replace the 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 and Data Practices. 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 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 Agreement may be terminated by either party by seven (7) days written notice delivered to the other party at the address written above. Upon termination under this provision, if there is no fault of the Consultant, the Consultant shall be paid for services rendered and reimbursable expenses until the effective date of termination. If however, the City terminates the Agreement because the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant, and the City may retain another consultant to undertake or complete the Work identified herein. Standard Agreement for Professional Services Page 3 of 17 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 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. Consultant is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Agreement, who shall be employees, and under the direction, of Consultant and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Consultant an employee of the City. 12. Insurance, A. General Liability. Prior to starting the Work, Consultant shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Consultant or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. 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 Standard Agreement for Professional Services Page 4 of 17 s ' 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 forms CG 2010 07 04 and CG 2037 07 04, or their equivalent. 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: Standard Agreement for Professional Services Page 5 of 17 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, 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 Standard Agreement for Professional Services Page 6 of 17 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. 13. 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 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. 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 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. 15. 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. 16. Compliance with Laws and Regulations. In providing services hereunder, the Consultant shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and Standard Agreement for Professional Services Page 7 of 17 regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 17. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. 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 furnished by the Consultant not specifically provided for herein shall be honored by the City. 20. 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. 21. 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. 22. 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. 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, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. 25. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. Standard Agreement for Professional Services Page 8 of 17 Executed as of the day and year first written above. CITY OF EN PRAIRIE City anager HAMM' , GREr AN!) ABRAHAMSON, INC. By: tollgiffi pis y Its: „as TNtslosor Attachments: EXHIBIT A—SCOPE OF SERVICES EXHIBIT B—APPROXIMATE SCOPE OF PHASE I CONSTRUCTION - IMAGE EXHIBIT C-APPROXIMATE SCOPE OF PHASE II CONSTRUCTION- IMAGE Standard Agreement for Professional Services Page 9 of 17 , EXHIBIT A SCOPE OF SERVICES DESCRIPTION OF PROJECT The Project includes a Master Plan Phase for Phase I and Phase II, and Design Documents, Construction Documents, Bidding/Negotiation, and Construction Administration Phase Services for Phase I for a New Aquatic Facility Addition to the existing Eden Prairie Community Center in Eden Prairie, Minnesota. The City's Budget for the Construction Cost of the Work for the Project is approximately $10,000,000 for Phase I and approximately $6,500,000 for Phase II. Phase I consists of a new lap pool addition constructed south of the existing gymnasium. Program elements include: 1. A 12-lane, 25 yard lap swim pool 2. A deep water area for diving and climbing wall feature 3. New aquatics lobby 4. Locker rooms 5. Pool mechanical 6. Aquatics dryland training/meeting spaces 7. Aquatics office and storage 8. Expanded fitness areas at the upper level The approximate scope is illustrated in Exhibit B—Approximate Scope of Phase I Construction - Image. Phase II consists of a renovation and expansion of the existing Community Center Pool. Phase II Design Services in this Agreement are limited to Master Planning only. Phase II Program elements include: 1. Demolition of existing pool while retaining the north, east and west walls and roof structure 2. Construction of a new Recreational Pool with water slide and adjacent multi- purpose meeting rooms The approximate scope is illustrated in Exhibit C —Approximate Scope of Phase II Construction - Image. Consultants retained by City: Cost Consultant services to be provided by City's Construction Manager Special Consultants retained by Consultant under Basic Services: Aquatic Design Consultants, Inc. 33400 Cold Water Rd. Louisburg, Kansas 66053 Tel. -913.937.0025 Standard Agreement for Professional Services Page 10 of 17 , SCOPE OF BASIC SERVICES Based upon our understanding of the Project, the Consultant agrees to provide the following Basic Services for the Project, which will include normal architectural design services, normal mechanical, electrical, civil and structural engineering services, and limited interior design services (not including furniture or equipment procurement or installation). 1.1 Master Plan Design Phase (To include Phase I and Phase II Scope) 1.1.1 Consultant will review previously prepared Concept Documents and recommend option for Phase II expansion. The intent of the Master Plan is to provide floor plans and sectional analysis to allow for efficient connection of Phase II and minimize disruption to Phase I work. 1.1.2 The Master Plan Documents will include the Space Needs Program, governing code assessment and a recommended building concept for both Phase I and II construction. 1.2 Phase I - Design Phase 1.2.1 Based on the City's approval of the Master Plan Documents and on the City's authorization of any adjustments in the Project requirements and the budget for the Cost of the Work, the Consultant shall prepare Design Documents for the City's approval. The Design Documents shall illustrate and describe the development of the approved Master Plan Documents and shall consist of drawings and other documents including plans, sections, elevations, typical construction details, and diagrammatic layouts of building systems to fix and describe the size and character of the Project as to architectural, structural, mechanical and electrical systems, and such other elements as may be appropriate. Design Services are limited to the scope of Phase I Construction and required connections to existing building infrastructure. Analysis of existing Community Center architectural, structural, mechanical, electrical, and civil engineering systems is not included. The Design Documents shall also include Outline Specifications that identify major materials and systems and establish in general their quality levels. 1.2.2 The Consultant shall coordinate its services with, but not the services of, the City and the City's consultants. The Consultant shall be entitled to rely on the accuracy and completeness of services and information furnished by the City and the City's consultants. The Consultant shall provide prompt written notice to the City if the Consultant becomes aware of any error, omission or inconsistency in such services or information. 1.2.3 The Consultant shall, at appropriate times, contact the governmental authorities required to approve the Construction Documents and the entities providing utility services to the Project. In designing the Project, the Consultant shall respond to applicable design requirements imposed by such governmental authorities and by such entities providing utility services. 1.2.4 The Consultant shall consider the value of alternative materials, building systems and equipment, together with other considerations based on program and aesthetics in developing a design for the Project that is consistent with the City's schedule and budget for the Cost of the Work. Standard Agreement for Professional Services Page 11 of 17 1.2.5 The Consultant shall submit the Design Documents to the City and the City's Cost Consultant. The Consultant shall meet with the Cost Consultant to review the Design Documents. 1.2.6 The Consultant shall request the City's approval of the Design Documents if the Cost Consultant's estimate at the conclusion of the Design Phase exceeds the City's budget for the Cost of the Work, the Consultant shall make appropriate recommendations to the City to adjust the Project's size, quality, or budget, and the City shall cooperate with the Consultant in making such adjustments. If revisions to the Design Documents are required to comply with the City's budget for the Cost of the Work at the conclusion of the Design Phase, the Consultant shall incorporate the required revisions in the Construction Document Phase. 1.3 Phase I - Construction Documents Phase [Not Currently Authorized at Time of Agreement Execution] 1.3.1 Based on the City's approval of the Design Documents, and on the City's authorization of any adjustments in the Project requirements and the budget for the Cost of the Work, the Consultant shall prepare Construction Documents for the City's approval. The Construction Documents shall illustrate and describe the further development of the approved Design Documents and shall consist of Drawings and Specifications setting forth in detail the quality levels of materials and systems and other requirements for the construction of the Work. The City and Consultant acknowledge that in order to construct the Work, the Contractor(s) will provide additional information, including Shop Drawings, Product Data, Samples and other similar submittals, which the Consultant shall review. 1.3.2 The Consultant shall incorporate into the Construction Documents the design requirements of governmental authorities having jurisdiction over the Project. 1.3.3 The Consultant shall also compile a Project Manual that includes the Specifications and may include bidding requirements and sample forms. 1.3.4 Prior to the conclusion of the Construction Documents Phase, the Consultant shall submit the Construction Documents to the City and the City's Cost Consultant. The Consultant shall meet with the City's Cost Consultant to review the Construction Documents. 1.3.5 If the Cost Consultant's estimate exceeds the City's budget for the Cost of the Work at the conclusion of the Construction Documents Phase, the Consultant shall make appropriate recommendations to the City to adjust the Project's size, quality, or budget, and the City shall cooperate with the Consultant in making such adjustments. If the City requests revisions to the Construction Documents to comply with the City's budget for the Cost of the Work at the conclusion of the Construction Documents Phase, the Consultant shall incorporate the required revisions in the final Construction Documents Phase as an Additional Service. 1.4 Phase I - Bidding/Negotiation Phase [Not Currently Authorized at Time of Agreement Execution] 1.4.1 Assist the City or City's representative or Construction Manager in obtaining bids. It is anticipated that the City will secure the services of a Construction Manager, City's Standard Agreement for Professional Services Page 12 of 17 Representative or like agency to facilitate bidding of Construction Documents, Contractor procurement and City-Contractor negotiations. 1.4.2 Bidding Documents shall consist of bidding requirements and proposed Contract Documents. 1.4.3 The Consultant will participate in a pre-bid conference for prospective bidders. 1.4.4 The Consultant will prepare responses to questions from prospective bidders and provide clarifications and interpretations of the Bidding Documents in the form of addenda. 1.4.5 The Consultant shall consider requests for substitutions, if the Bidding Documents permit substitutions, and shall prepare and distribute addenda identifying approved substitutions to all prospective bidders. 1.4.6 If the City's budget for the Cost of the Work is exceeded by the bids or negotiated proposals received, the City will bear the cost of any requested redesign by the Consultant to bring the Project within the City's budget. 1.5 Phase I - Construction Administration Phase [Not Currently Authorized at Time of Agreement Execution] 1.5.1 Visit the site up to twenty (20) times to keep the City informed about the progress and quality of the Work completed, and to determine in general if the Work is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. Additional site visits will be compensated as an Additional Service. 1.5.2 The Consultant shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's responsibility. The Consultant shall not be responsible for the Contractor's schedules or failure to carry out the Work in accordance with the Contract Documents. The Consultant shall not have control over or charge of acts or omissions of the Contractor, Subcontractor, or their agents or employees, or of any other persons performing portions of the Work. 1.5.3 Conduct inspections to determine the date or dates of Substantial Completion and the date of final completion. 1.5.4 Certificates for Payment to Contractor .1 The Consultant shall review and certify the amounts due the Contractor(s) and shall issue certificates in such amounts. The Consultant's certification for payment shall constitute a representation to the City, based on the Consultant's evaluation of the Work and on the data comprising the Contractor's Application for Payment, that, to the best of the Consultant's knowledge, information and belief, the Work has progressed to the point indicated and that the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject (1) to an evaluation of the Work for conformance with Standard Agreement for Professional Services Page 13 of 17 the Contract Documents upon Substantial Completion, (2) to results of subsequent tests and inspections, (3) to correction of minor deviations from the Contract Documents prior to completion, and (4) to specific qualifications expressed by the Consultant. .2 The issuance of a Certificate for Payment shall not be a representation that the Consultant has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the City to substantiate the Contractor's right to payment, or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. 1.5.5 Review or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. 1.5.6 If the Contract Documents specifically require the Contractor to provide professional design services or certifications by a design professional related to systems, materials or equipment, the Consultant shall specify the appropriate performance and design criteria that such services must satisfy. The Consultant shall review shop drawings and other submittals related to the Work designed or certified by the design professional retained by the Contractor that bear such professional's seal and signature when submitted to the Consultant. The Consultant shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications and approvals performed or provided by such design professionals. 1.5.7 The Consultant shall review and respond to requests for information about the Contract Documents. The Consultant shall set forth in the Contract Documents the requirements for requests for information. Requests for information shall include, at a minimum, a detailed written statement that indicates the specific Drawings or Specifications in need of clarification and the nature of the clarification requested. The Consultant's response to such requests shall be made in writing within any time limits agreed upon, or otherwise with reasonable promptness. If appropriate, the Consultant shall prepare and issue supplemental Drawings and Specifications in response to requests for information. 1.5.8 The Consultant shall maintain a record of submittals and copies of submittals supplied by the Contractor(s) in accordance with the requirements of the Contract Documents. ADDITIONAL SERVICES 2.1 Additional Services listed below are not included in Basic Services but may be required for the Project. Additional Services may be provided after execution of this Agreement, without invalidating the Agreement. Except for services required due to the fault of the Consultant, any Additional Services provided in accordance with this Agreement shall entitle the Consultant to compensation pursuant to their hourly rates and an appropriate adjustment in the Consultant's schedule. 2.2 The following Additional Services are not included in Basic Services: Standard Agreement for Professional Services Page 14 of 17 • 2.2.1 Existing facilities surveys 2.2.2 Building information modeling 2.2.3 As-Constructed Record drawings 2.2.4 Post occupancy evaluation 2.2.5 Coordination of City's consultants 2.2.6 Telecommunications/data design 2.2.7 Commissioning 2.2.8 Furniture, Furnishings, and Equipment Design 2.2.9 Audio-Visual Design 2.2.10 Life cycle costing evaluation 2.2.11 Providing Phase II Design, Construction Documents, Bidding/Negotiation, and Construction Administration Phase Services. 2.3 Upon recognizing the need to perform the following Additional Services, the Consultant shall notify the City with reasonable promptness and explain the facts and circumstances giving rise to the need. The Consultant shall not proceed to provide the following services until the Consultant receives the City's written authorization: 2.3.1 Services necessitated by a change in the Initial Information, previous instructions or approvals given by the City, or a material change in the Project including, but not limited to, size, quality, complexity, the City's schedule or budget for Cost of the Work, or procurement or delivery method, or changes in delivery method 2.3.2 Services necessitated by the City's request for extensive environmentally responsible design alternatives, such as unique system designs, in-depth material research, energy modeling, or LEED®certification; 2.3.3 Changing or editing previously prepared Instruments of Service necessitated by the enactment or revision of codes, laws or regulations or official interpretations; 2.3.4 Services necessitated by decisions of the City not rendered in a timely manner or any other failure of performance on the part of the City or the City's consultants or contractors or necessary third parties; 2.3.5 Preparing digital data for transmission to the City's consultants and contractors, or to other City authorized recipients; 2.3.6 Preparation of design and documentation for alternate bid or proposal requests proposed by the City; Standard Agreement for Professional Services Page 15 of 17 2.3.7 Preparation for, and attendance at a dispute resolution proceeding or legal proceeding, except where the Consultant is party thereto; 2.3.8 Evaluation of the qualifications of bidders or persons providing proposals; 2.3.9 Consultation concerning replacement of Work resulting from fire or other cause during construction; or 2.3.10 Providing the services of special inspectors. 2.4 To avoid delay in the Construction Phase, the Consultant may provide the following Additional Services, notify the City with reasonable promptness, and explain the facts and circumstances giving rise to the need. If the City subsequently determines that all or parts of those services are not required, the City shall give prompt written notice to the Consultant, and the City shall have no further obligation to compensate the Consultant for those services and the Consultant shall not be required to continue such services: 2.4.1 Reviewing a Contractor's submittal out of sequence from the submittal schedule agreed to by the Consultant; 2.4.2 Responding to the Contractor's requests for information that are not prepared in accordance with the Contract Documents or where such information is available to the Contractor from a careful study and comparison of the Contract Documents, field conditions, other City provided information, Contractor-prepared coordination drawings, or prior Project correspondence or documentation; 2.4.3 Preparing Change Orders, and Construction Change Directives that require evaluation of Contractor's proposals and supporting data, or the preparation or revision of Instruments of Service; 2.4.4 Evaluating an extensive number of Claims as the Initial Decision Maker; 2.4.5 Evaluating substitutions proposed by the City or Contractor and making subsequent revisions to Instruments of Service resulting therefrom; or 2.5 The Consultant shall provide Construction Phase Services exceeding the limits set forth below as Additional Services. When the limits below are reached, the Consultant shall notify the City: 2.5.1 two (2) reviews of each Shop Drawing, Product Data item, sample and similar submittals of the Contractor 2.5.2 up to twenty (20) visits to the site by the Consultant over the duration of the Project during construction 2.5.3 two (2) inspections for any portion of the Work to determine whether such portion of the Work is substantially complete in accordance with the requirements of the Contract Documents 2.5.4 one (1) inspections for any portion of the Work to determine final completion Standard Agreement for Professional Services Page 16 of 17 2.6 If the services covered by this Agreement have not been completed September 1, 2015, through no fault of the Consultant, extension of the Consultant's services beyond that time shall be compensated as Additional Services. MISCELLANEOUS 3.1 The scope of Basic Services and compensation provisions assume that there will be no major infrastructure or code complications with the building. Addressing any such issues will be considered Additional Services. 3.2 The City understands and acknowledges that in the remodeling or rehabilitation of existing structures, certain design and technical decisions are made on assumptions based upon readily available documents and easily observed existing conditions. Unless specifically directed in writing by the City, the Consultant shall not perform or cause to be performed any destructive testing or open any concealed portions of the building in order to ascertain its actual condition. Because of the inexact nature of the existing documentation and observation, Change Orders and/or Construction Change Directives can be expected. The City agrees that the Consultant shall not be held responsible for any additional Work or costs required to correct any ensuing problems based upon such assumptions and agrees to include a reasonable budget contingency for such changes. The City shall expect to expend such contingency for the cost of changes in the Work and Additional Services of the Consultant. COMPENSATION 4.1 Compensation to the Consultant for Basic Services through completion of Phase I — Design Phase Documents as provided in this Agreement will be on a Stipulated Sum basis in the amount of$243,000, plus Reimbursable Expenses as identified below, to be billed monthly based on percentage of services completed. This sum includes all travel expenditures. 4.2 In addition to compensation for Basic Services, the Consultant will be reimbursed for its Reimbursable Expenses at 1.05 times their cost to the Consultant. Reimbursable Expenses are defined as the actual expenditures made by the Consultant in the interest of the Project for expenses such as long-distance communications, reproductions and mailing, data processing, and any state or local taxes imposed where the Project is located. Standard Agreement for Professional Services Page 17 of 17 r - F _ r I - . ..__- _ _I__... ._. ._...— 4 _ . ..]- ..... I I .._---_... . ,, - ... li 1 • 'V -\14111111110 I I 1 ' , 'et,)h.- '.. VIM 4111 0 -_ #{ •A� ,-;. r---t '; • //.- sue/mil pi ......, ..., Lai . sat' essuint ro 1 ,. _ ... ...-"" "..:.---ttp.___ . .. . , ' .., . . ,_ f { i ,.i ems._fir^ ..�„ [ .....,.1 . ;qua le--; , .' ...::- ,• ,a irp. . _ , . "...-1.-*— - _ FAA'+el lir- I t • I _ , ;A. , ._ •.., , - , .4 ..... ,,,, 46 +,yam`� ...- ' f 1i. _ .. .,._ _._ •`.. • _ pip'...-�_ __l. _ �. ►r -- I( ,.• 11 • .•. \S:\\\ \ r_ rr % '-i , AO L mem L one: • OrAiri - r .-... .P ` N.. .la J�\ \..,:\Ng,_ MR �,- '' WFEi1Y47� ` ode • Y II ', DR '''. 4 .. 1 41 GI G,nnivy — r r�., it • r'i J�ill �'' k ft i }�••�K7� Ecrwa�a FrFwune - •......_ ■. iv,,- , v PHASE 1 - Level 1 \ �) -� -' a -r .,i 7.-- NN. ' / �. , . . .7 • - .. 1i l. , I _.- - . . _ - �- _ � ' • Io1 [-. .... .7, .. .... .. .... • ... • _ .. , ... i iiiiii..„ . ._. . ,_ . • ... i 1 I. _ .. . ..... . _ _ • .. . . ,.... , _ t. ', Iq WYAT[ixQ-nr4a - 014ET'S r RaCCATE Peon rE ~ 1-t;N' , rf f. 1 N7aL YEGi INTO - - -, `` tt"WI j i " -S — i XPlit'-'..- E _ - - _ 4T{7RLr.0 OP wit } IL.: _ ,.._. 7.. RE-C.POOL i r — _ FO.'a:91l,Lrl + :� �FICL L4'J:�R. L R . 111.-- Ll....-I J vdi 1- 1-•-- AO WRY V.!. 5 t� MOMS 1o06"JM .... ... � G�DICPY ��� n' soo �� wort , MIS ue�rrirorL ca \\:\ Z- SEATING POGL wITN �-� i1 1+ _ _ _- 3 -•LJ1P&5MY r ---- x-'a=s�t7U`E� ,* ill I* T _' g}YIRD% 1 ■ III �I fell 25d 11, It { 7 I�_ �� POC4.HE•• ' ' 1 \ \ L I f �� a11 .� • frJ� k � 4 ACr Afi� {l . •` cL,mING 'i i rro ra 1: ro w 1] — —_ —1,1, i i 1 , 44.{ I PHASE \2 - Level 1 \ 41 r` / ,__} ,-- ? it"R. Architecture I Engineering I Planninc November 12,2013 WRITER'S DIRECT DIAL(612)758-4226 Mr.Jay Lotthammer City of Eden Prairie Parks and Recreation Director 8080 Mitchell Road Eden Prairie,Minnesota 55344 Re: City of Eden Prairie Fee Proposal for Continuation of Aquatics Facility Project HGA Commission Number 2004-003-00 Dear Jay: Hammel,Green and Abrahamson,Inc. (HGA)is pleased to submit to you this Proposal for providing professional design services for the Eden Prairie Community Center—Aquatics Facility Project. The tabulations below describe proposed design fees for continuation of Phase I only,or the combination of Phase I and Phase II to concur concurrently. ■ EPPC Aquatics Facility Proposal: December 20,2012 Phase I Design Services % of Construction Estimated Construction Cost Total Proposed Fee Value $10,000,000 $607,500 6.075% Includes all Phases—Design Phase, Construction Documents,Bidding and Construction Administration. $243,000 of total authorized to date. • Revised Fees Based on Design Development Documents:November 4,2013 Phase I Design Services %of Construction Estimated Construction Cost Total Fee Value $11,468,000 $696,680 6.075% (Per RJM Cost Estimate) Authorized to Date 243,000 Fee Remaining to Completion $453,680 For Breakdown by Phase: Construction Documents 258,680 Bidding 18,000 Construction Administration 177,000 Design Fees through Bid Phase: $276,600 Hammel, Green and Abrahamson, inc. 420 5th Street North • Suite 100 • Minneapolis, Minnesota USA 55401-233E iiGA Architects and Engineers, LI_C HGA Architects and Engineers, Ltp Telephone 612.758.4000 Facsimile 612.758.4199 HGA Architecture and Engineering, PC HGA Mld•Atlantic, Inc, Visit our Website: hga.com Mr.Jay Lotthammer November 12,2013 Page 2 Phase II Design Services %of Construction Estimated Construction Cost Total Fee Value $6,600,000 6.075% (Per RJM Cost Estimate) $445,500 Includes all Phases: Design 133,650 Construction Documents 178,200 Bid 14,000 Construction Administration 119,650 Design Fees through Bid Phase: $325,850 • Additional Service Fees Enhanced Civil Engineering Requirement (Research $11,700 Documentation for Regulatory Agencies,Survey ($7,360 Phase 1; $4,340 Phase II) Continuation,Site Retention/Retaining Wall Design) Design/Documentation of Bid Alternatives $25,000 Contingency ($15,000 Phase I; $10,000 Phase II) • Total Design Fees Through Bid Phase Option 1 These figures summarize total design fees to advance the project through the bid phase which is the next likely decisions point for City Council. Phase I Only $276,600 7,360 (Civil Engineering Add Service) 15,000 (Held by Owner as Contingency) $298,960 Option 2 Phase I and II Phase I $298,960 Phase II $325,850 4,340 (Civil Engineering Add Service) 10,000 (Held by Owner as Contingency) $639,150 Based upon City Council decision/approval on November 19,2013,this Proposal will be the basis for a contract amendment authorizing HGA to proceed with the Construction Document and Bid Phases. Thank you for the opportunity to propose our services on this Project. It has been a wonderful process,and our entire team is ready and excited to see the project through to completion. Sincerely, Victor Pechaty cc: Nancy Blankfard,Jennifer Bradley,Margaret Ricci,HGA