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HomeMy WebLinkAboutCity Council - 03/04/2014 AGENDA CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY,MARCH 4, 2014 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. SWLRT INVESTMENT FRAMEWORK(TSAAP) Open Podium - Council Chamber II. OPEN PODIUM III. ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,MARCH 4, 2014 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. PROP SHOP UPDATE V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, FEBRUARY 18, 2014 B. CITY COUNCIL MEETING HELD TUESDAY, FEBRUARY 18, 2014 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. ADOPT RESOLUTION APPROVING FINAL PLAT T OF BLUFFS WEST 1311 ADDITION C. MAC DEVELOPMENT PARCEL 3 by Metropolitan Airports Commission. 2nd Reading of the ordinance for Zoning District Change from Rural &Public to Airport Commercial on 3.04 acres. Location: Flying Cloud Airport D. MAC DEVELOPMENT PARCEL 4 by Metropolitan Airports Commission. 2nd Reading of the ordinance for Zoning District Change from Public to Airport Commercial on 4.53 acres. Location: Flying Cloud Airport CITY COUNCIL AGENDA March 4, 2014 Page 2 E. MAC DEVELOPMENT PARCEL 5 by Metropolitan Airports Commission. 2nd Reading of an ordinance for Zoning District Change from Public to Airport Commercial on 0.45 acres. Location: Flying Cloud Airport F. MAC DEVELOPMENT PARCEL 7 by Metropolitan Airports Commission. 2nd Reading of an ordinance for Zoning District Change from Public to Airport Commercial on 3.17 acres. Location: Flying Cloud Airport G. APPROVE SECOND READING OF ORDINANCE AMENDING CITY CODE CHAPTER 11 RELATING TO DISTRICT STANDARDS AND OFF STREET PARKING FACILITIES FOR THE A-C AND A-OFC DISTRICTS AND ADOPT RESOLUTION APPROVING PUBLICATION OF SUMMARY ORDINANCE H. APPROVE AGREEMENT WITH MINNESOTA DEPARTMENT OF PUBLIC SAFETY BUREAU OF CRIMINAL APPREHENSION FOR FUNDING REIMBURSEMENT FOR ECHARGING ADAPTER I. ADOPT RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR THE EDEN PRAIRIE ROAD IMPROVEMENTS J. APPROVE JOINT POWERS AGREEMENT WITH MAC FOR EDEN PRAIRIE ROAD IMPROVEMENTS (RILEY CREEK TO SOUTH OF FREDERICK PLACE) K. APPROVE PROFESSIONAL SERVICES AGREEMENT FOR 2014 WATER MONITORING PROGRAM L. AWARD CONTRACT FOR ENGINEERING & INSPECTION SERVICES FOR THE BAKER ROAD WATER RESERVOIR RECOATING PROJECT M. APPROVE PURCHASE OF NEW CONTROL ROOM VIDEO PRODUCTION SYSTEM IX. PUBLIC HEARINGS /MEETINGS A. RESOLUTION APPROVING USE OF 2014 CDBG FUNDS B. RESOLUTION APPROVING LAYOUT NO. 4 FOR RECONSTRUCTION OF COUNTY STATE AID HIGHWAY NO. 61 (FLYING CLOUD DRIVE) X. PAYMENT OF CLAIMS XI. ORDINANCES AND RESOLUTIONS A. SECOND READING OF ORDINANCE AMENDING CITY CODE SECTION 5.35 TO REQUIRE A LICENSE FOR THE RETAIL SALE OF E-CIGARETTES CITY COUNCIL AGENDA March 4, 2014 Page 3 B. SECOND READING OF ORDINANCE AMENDING CITY CODE SECTION 9.42 ADDING E-CIGARETTES TO THE PROHIBITIONS AGAINST SMOKING IN LOCATIONS COVERED BY THE EDEN PRAIRIE SMOKE- FREE AIR ORDINANCE OF 2002 AND THE MINNESOTA CLEAN INDOOR AIR ACT XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS A. COMMISSIONS B. COMMISSION CHAIRS AND VICE CHAIRS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Aquatics Design Update 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. CLOSED SESSION FOR CITY MANAGER'S PERFORMANCE REVEIW XVII. ADJOURNMENT ANNOTATED AGENDA DATE: February 28, 2014 TO: Mayor and City Council FROM: Rick Getschow, City Manager RE: City Council Meeting for Tuesday, March 4, 2014 TUESDAY,MARCH 4, 2014 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. PROP SHOP UPDATE Cindy Eddy will provide an update on the Prop Shop. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Move to approve the agenda. VI. MINUTES MOTION: Move to approve the following City Council minutes: A. COUNCIL WORKSHOP HELD TUESDAY, FEBRUARY 18, 2014 B. CITY COUNCIL MEETING HELD TUESDAY, FEBRUARY 18, 2014 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR MOTION: Move approval of items A-M on the Consent Calendar. A. CLERK'S LICENSE LIST ANNOTATED AGENDA March 4,2014 Page 2 B. ADOPT RESOLUTION APPROVING FINAL PLAT OF BLUFFS WEST 1311 ADDITION C. MAC DEVELOPMENT PARCEL 3 by Metropolitan Airports Commission. 2nd Reading of the ordinance for Zoning District Change from Rural &Public to Airport Commercial on 3.04 acres. Location: Flying Cloud Airport D. MAC DEVELOPMENT PARCEL 4 by Metropolitan Airports Commission. 2nd Reading of the ordinance for Zoning District Change from Public to Airport Commercial on 4.53 acres. Location: Flying Cloud Airport E. MAC DEVELOPMENT PARCEL 5 by Metropolitan Airports Commission. 2nd Reading of an ordinance for Zoning District Change from Public to Airport Commercial on 0.45 acres. Location: Flying Cloud Airport F. MAC DEVELOPMENT PARCEL 7 by Metropolitan Airports Commission. 2nd Reading of an ordinance for Zoning District Change from Public to Airport Commercial on 3.17 acres. Location: Flying Cloud Airport G. APPROVE SECOND READING OF ORDINANCE AMENDING CITY CODE CHAPTER 11 RELATING TO DISTRICT STANDARDS AND OFF STREET PARKING FACILITIES FOR THE A-C AND A-OFC DISTRICTS AND ADOPT RESOLUTION APPROVING PUBLICATION OF SUMMARY ORDINANCE II. APPROVE AGREEMENT WITH MINNESOTA DEPARTMENT OF PUBLIC SAFETY BUREAU OF CRIMINAL APPREHENSION FOR FUNDING REIMBURSEMENT FOR ECHARGING ADAPTER I. ADOPT RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR THE EDEN PRAIRIE ROAD IMPROVEMENTS J. APPROVE JOINT POWERS AGREEMENT WITH MAC FOR EDEN PRAIRIE RD. IMPROVEMENTS (RILEY CREEK TO SOUTH OF FREDERICK PLACE) K. APPROVE PROFESSIONAL SERVICES AGREEMENT FOR 2014 WATER MONITORING PROGRAM L. AWARD CONTRACT FOR ENGINEERING & INSPECTION SERVICES FOR THE BAKER ROAD WATER RESERVOIR RECOATING PROJECT M. APPROVE PURCHASE OF NEW CONTROL ROOM VIDEO PRODUCTION SYSTEM ANNOTATED AGENDA March 4,2014 Page 3 IX. PUBLIC HEARINGS/MEETINGS A. RESOLUTION APPROVING USE OF 2014 CDBG FUNDS Official notice of this public hearing was published in the February 27, 2014,Eden Prairie News. Synopsis: The 2014 CDBG allocation has not yet been announced by the office of Housing and Urban Development(HUD). However, the Human Services Review Committee used the conservative estimate of$235,000 to make the funding recommendations as listed below. Once the actual amount is received, the funding for the Housing Rehabilitation Loan Program will be adjusted up or down based on this amount. The regulations stipulate that public service funding may not exceed 15 percent of the City's total allocation ($235,000), plus 15 percent of the previous year's program income. The Human Services Review Committee reviewed the 2014 CDBG proposals and recommended the following activities be funded. # Human Services Activity Funding County % of Level Priority Allocation 1 PROP Housing Support Services $20,000 High 9% 2 Child Care Subsidy—YMCA$District 272 $12,000 High 5% 3 HOME(Household&Outside Maintenance for the $9,000 High 4% Elderly) 4 CAPSH(Emergency Vehicle Repair) $9,000 High 4% Subtotal $50,000 Housing Activities Funding County Level Priority 5 Housing Rehabilitation Deferred Loan Program $104,150 High 44% 6 Affordable Housing-WHAHLT $55,000 High 23% 7 Fair Housing Initiative $2,350 High 1% 8 Program Administration $23,500 High 10% Grand Total $235,000 2014 Allocation Process The discussion of how to distribute the 2014 CDBG funds through the Human Services Review Committee included a complete review of all "Request for Funding" applications and the distribution percentage of funds in 2013. The Committee's goals were to have the best and highest use of these funds for human services that demonstrated the most direct benefit to the community. MOTION: Move to: • Close the public hearing; and • Adopt Resolution approving the use of 2014 CDBG funds as recommended by the Eden Prairie Human Services Committee. B. RESOLUTION APPROVING LAYOUT NO. 4 FOR RECONSTRUCTION OF COUNTY STATE AID HIGHWAY NO. 61 (FLYING CLOUD DRIVE) Official notice of this public hearing was published in the February 27, 2014,Eden Prairie News and sent to 148 property owners. ANNOTATED AGENDA March 4,2014 Page 4 Synopsis: The Public Notice for the Public Hearing was published on February 27, 2014 in the Eden Prairie News. Individual notices were also sent to property owners and tenants along and adjacent to the Flying Cloud Drive corridor. Layout No. 4, which is available at the Engineering Department or on the City's website under the `Community' tab and `Infrastructure Projects' tab, depicts a 3- lane roadway with shoulders, a continuous middle left turn lane and right turn lanes at key intersections. In addition, a multi-use trail will be provided on the north side of Flying Cloud Drive for the entire length of the project. Background Information Hennepin County, in coordination with MnDOT, Carver County, and the cities of Eden Prairie and Chanhassen, is preparing for the reconstruction of Flying Cloud Drive (County Road 61) between Trunk Highway 101 and Charlson Road. This section of Flying Cloud Drive (County Road 61) was a turnback from the State of Minnesota in 2009 and was previously known as Highway 212. When a roadway such as this is turned back to the County, it must be brought up to current safety and operational standards which is what prompted the project. In addition Carver County and MnDOT are currently developing a project to reconstruct the Highway 101 and County Road 61 intersection along with building a new bridge along Highway 101 to Shakopee which will be out of the floodplain. Hennepin County's turnback project begins at the eastern limits of Carver County's project and maintains the profile bringing flood prone areas of Flying Cloud Drive out of the floodplain. Public Involvement Public involvement was an integral element of the layout development process and included the following: • 3 Open Houses held April 18, 2013, August 14, 2013 and December 10, 2013 • Separate meetings with individual property owners along the corridor • City Project Website Updates • Hennepin County Project Website Updates • County and City correspondence with individual property owners Proposed Layout The proposed layout for CSAH 61 (Flying Cloud Drive), which is available through the City's and County's project webpages, is a three-lane roadway with a continuous left turn lane and right turn lanes at Spring Road, Eden Prairie Road and Dell Road. In addition, a multi-use trail is proposed on the north side of Flying Cloud Drive for the entire length of the project connecting to the Carver County project. The layout includes a span bridge over Purgatory Creek just east of Spring Road and sections of the road that will be on land bridges or structurally supported roadways. Also included in the layout are retaining walls along several portions of Flying Cloud Drive adjacent to the multi-use trail. These walls help balance bluff impacts to the north with wetland impacts to the south of Flying Cloud Drive. ANNOTATED AGENDA March 4,2014 Page 5 Renderings showing typical walls along the corridor are provided as attachments to this memo. Although these wall renderings are accurate to the height and location of the proposed walls, the aesthetics are not finalized and subject to change. No new permanent traffic signal systems are included with the project,but the County does plan to realign Spring Road and Dell Road with Flying Cloud Drive to provide safer intersections. Also the City plans to construct the realignment and connection of Eden Prairie Road with Flying Cloud Drive concurrently with the County project. Project Cost The preliminary total project cost is estimated at $49 million. All of the cost, with the exception of the trail and City utilities, is eligible for MnDOT turnback funds. The City of Eden Prairie cost share is approximately$600,000 which is anticipated to be paid through State Aid funding. Schedule Construction on the project is anticipated to begin in the summer of 2015 following Carver County's project and could take up to three construction seasons to complete. Due to extensive soil corrections and bridge construction, full closures of the roadway are anticipated, however, local access will be maintained throughout. With approval of the Layout, Hennepin County plans to begin final design of the project immediately. MOTION: Move to: • Close Public Hearing; and • Adopt Resolution Approving Layout No. 4 for the reconstruction of County State Aid Highway No. 61 (Flying Cloud Drive) between Trunk Highway 101 and Charlson Road. X. PAYMENT OF CLAIMS MOTION: Move approval of Payment of Claims as submitted (Roll Call Vote). XI. ORDINANCES AND RESOLUTIONS A. SECOND READING OF ORDINANCE AMENDING CITY CODE SECTION 5.35 TO REQUIRE A LICENSE FOR THE RETAIL SALE OF E-CIGARETTES Synopsis: The Council determined to adopt an ordinance which adds e cigarettes to the definition of"tobacco-related products"in the City's tobacco licensing ordinance. This will require that those engaged in the retail sale of e cigarettes obtain a City tobacco license and comply with related regulations. ANNOTATED AGENDA March 4,2014 Page 6 MOTION: Move to approve second reading of an ordinance amending City Code Section 5.35 to require a license for the retail sale of e-cigarettes. B. SECOND READING OF ORDINANCE AMENDING CITY CODE SECTION 9.42 ADDING E-CIGARETTES TO THE PROHIBITIONS AGAINST SMOKING IN LOCATIONS COVERED BY THE EDEN PRAIRIE SMOKEFREE AIR ORDINANCE OF 2002 AND THE MINNESOTA CLEAN INDOOR AIR ACT Synopsis: At the previous meeting the Council determined to adopt an Ordinance which adds e cigarettes into the Eden Prairie Smokefree Air Act Ordinance of 2002 prohibiting smoking in parks, city facilities, motor vehicles owned by the city when occupied by two or more persons, and motor vehicles at city parks and facilities. In addition, the Ordinance adds a prohibition against smoking, both tobacco and e cigarettes, in any location the Minnesota Clean Indoor Air Act prohibits smoking. This will prohibit use of e cigarettes in bars, restaurants, retail stores, offices,public transportation, educational facilities, auditoriums, etc. MOTION: Move to approve second reading of an Ordinance amending City Code Section 9.42 adding e-cigarettes to the prohibitions against smoking in locations covered by the Eden Prairie Smokefree Air Ordinance of 2002 and the Minnesota Clean Indoor Air Act. XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS A. COMMISSIONS Synopsis: The City Council hosted Commission interviews on Wednesday, February 26. There were 17 to 21 openings due to expiration of terms and resignations. The City received 18 applications - 10 from new applicants and 8 from commissioners reapplying for positions. All terms will begin on April 1, 2014. A required orientation session for new commissioners will be held on Thursday, March 20. MOTION: Move to appoint . . . B. COMMISSION CHAIRS AND VICE CHAIRS Synopsis: Chairs and Vice Chairs are appointed annually by the City Council following the appointment of members to City Commissions. The City Council hosted Commission interviews on Wednesday, February 26, and determined Chair and Vice Chair assignments for the period of April 1, through March 31, 2015. MOTION: Move to appoint . . . ANNOTATED AGENDA March 4, 2014 Page 7 XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Aquatics Design Update F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. CLOSED SESSION FOR CITY MANAGER'S PERFORMANCE REVEIW XVII. ADJOURNMENT MOTION: Move to adjourn the City Council meeting. ITEM NO.: VI.A. UNAPPROVED MINUTES CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY,FEBRUARY 18, 2014 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. CITY MONUMENT SIGNS Wendy Satterlee and Judy Reishus of Baker reviewed the branding work they have conducted for Eden Prairie since 2004. That work includes design of the City's current logo and tag line as well as related branding modules for various departments. They outlined the process they used to develop the logo and branding, and described how they would propose to work with the City to develop an entry monument program. A spectrum of options is available, from retaining the current logo/brand as it is to creating a completely new identity. Council Member Butcher Wickstrom said she agrees with the list of assets identified during the 2004 process, but would like the City's values of innovation and progressiveness added to the mix. She noted that the City also has 17 lakes and a river, and that the historic Smith- Douglas-More House is a community icon. She said the City has a depth of assets and wants to be sure to keep these in mind going through this process. Council Member Case said he wants the ways in which Eden Prairie is unique to be incorporated in the monument signage. He said one thing that sets Eden Prairie apart is our rich history. He said he sees Eden Prairie as forward leaning but with a foot in history. Council Member Nelson noted that Eden Prairie also has a thriving technology industry, and that is another thing for which we are known. She would like to see that incorporated in the branding. She does not want to an entirely new brand,but would like the current one updated. Council Member Aho said he would like the signs themselves to be unique, and to possibly employ different types of technology such as LED. City Council Workshop Minutes February 18, 2014 Page 2 Butcher said she would like the process of developing the monument signage to be organic. She would love to be able to use the lay of the land in the designs. Mayor Tyra-Lukens would like sustainable materials to be used. Case said he likes the idea of incorporating some sort of lighting. Community Development Director Jeremiah said Baker will produce a creative brief with the input from this workshop. City Manager Getschow said the City Council indicated they want to be involved in this process upfront. He suggested a subcommittee that includes two Council Members be formed to continue the process. That committee would meet approximately six times over the next half-year and report back periodically to the entire City Council. Council Members Butcher Wickstrom and Nelson volunteered to serve on the committee. Council Member Case suggested including feedback from the City's advisory commissions in the process. Nelson said that is a good idea as long as the project keeps moving forward in a timely manner. Council Member Butcher Wickstrom asked if a water feature is possible given the harsh winter weather in Minnesota. Satterlee said a water feature is very possible, as long as it is designed to look attractive even when water is not available due to weather conditions. Open Podium - Council Chamber II. OPEN PODIUM III. ADJOURNMENT ITEM NO.: VI.B. 1 UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, FEBRUARY 18, 2014 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, City Planner Mike Franzen, 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. All Council Members were present. II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS A. RESOLUTION NO. 2014-24 SUPPORTING PARTICIPATION IN THE OPEN TO BUSINESS PROGRAM Getschow said Open to Business is a technical assistance program for small businesses provided through the Metropolitan Consortium of Community Developers (MCCD), a 45 member association committed to increasing opportunities for small business and entrepreneurs. Rob Smolund, representing MCCD, gave an overview of the program that provides technical assistance and financing programs for small businesses and entrepreneurs. He noted the program served a total of 14 entrepreneurs in Eden Prairie in 2013. Nelson said she has talked to some immigrants who were struggling to set up a small business and asked if the program is limited to financing. Mr. Smolund said they primarily provide technical assistance and help to open a business and to set up the business structure. Tyra-Lukens asked who can use the service and who is using it. Mr. Smolund said for Eden Prairie any resident of Eden Prairie or someone planning to open a business here can use it. He noted each city in the program has different demographics. Aho asked about the number of staff members. Mr. Smolund said they have four other business advisors; one for Dakota County, one for Scott County and two in Minneapolis. Aho asked if the divisions are geographic, not by specialties. Mr. Smolund replied the advisors work collaboratively as a team. Aho asked where the money for their direct loans comes from. Mr. Smolund said there are a variety of sources including funds from the Treasury Department and the State. They are always looking for new sources of capital as they expand. Butcher Wickstrom asked how a prospective client would find them. Mr. Smolund said they could call or email him. He holds office hours at Dunn Bros on the first Thursday of the month from 1:00 to 3:00 P.M. They have brochures available and have a number of marketing ideas for this coming year. They are open to any ideas to reach out to a group. Getschow said we do promote it quite a bit on our website, but we might want to establish contact with the Chamber of Commerce to see how they could help the program. Nelson suggested they have brochures available at PROP. MOTION: Aho moved, seconded by Nelson, to adopt Resolution No. 2014-24 supporting the City's participation in the Open to Business program and committing to funding one half of the cost or$5,000. Motion carried 5-0. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Butcher Wickstrom added Item XIV.A.1. MOTION: Butcher Wickstrom moved, seconded by Case, to approve the agenda as amended. Motion carried 5-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY,JANUARY 21, 2014 MOTION: Aho moved, seconded by Butcher Wickstrom, to approve the minutes of the Council workshop held Tuesday, January 21, 2014, as published. Motion carried 5-0. B. CITY COUNCIL MEETING HELD TUESDAY,JANUARY 21, 2014 MOTION: Case moved, seconded by Nelson, to approve the minutes of the City Council meeting held Tuesday, January 21, 2014, as published. Motion carried 5-0. VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. BLUFFS WEST 1311 ADDITION by Lake West Development, LLC. Approval of the Development Agreement. Location: 11480 Riverview Road(Development Agreement) C. SECOND READING OF ORDINANCE NO. 3-2014 AMENDING CITY CODE CHAPTER 11, SECTION 11.06,RELATING TO SCREENING OF GROUND BASED TELECOMMUNICATIONS EQUIPMENT IN PUBLIC RIGHT-OF- WAY AND ADOPT RESOLUTION NO. 2014-25 APPROVING PUBLICATION OF SUMMARY ORDINANCE D. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH HOISINGTON KOEGLER GROUP INC (HKGI) TO PREPARE A TOD ORDINANCE E. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH SRF CONSULTING GROUP FOR DESIGN AND IN-CONSTRUCTION SERVICES FOR THE CITY WEST PARKWAY TRAIL CONNECTION F. AWARD CONTRACT TO ADVANCED ENGINEERING& ENVIRONMENTAL SERVICES FOR PRELIMINARY MODELING AND PLANNING OF NEW DRINKING WATER GROUND STORAGE RESERVOIR G. DECLARE POLICE CANINE AS SURPLUS PROPERTY H. ADOPT RESOLUTION NO. 2014-26 DECLARING PROPERTY AS ABANDONED PROPERTY Rosow noted Item E related to the UHG project. MOTION: Butcher Wickstrom moved, seconded by Aho, to approve Items A-D, and F-H of the Consent Calendar. Motion carried 5-0. MOTION: Nelson moved, seconded by Butcher Wickstrom, to approve Item E of the Consent Calendar. Motion carried 4-0-1,with Case abstaining. Nelson asked what happens to the police canines when they are retired. Getschow said they place the dog in a good home,usually with their handler. IX. PUBLIC HEARINGS/MEETINGS Getschow said there are six public hearings scheduled tonight that relate to six different parcels of property owned by the Metropolitan Airports Commission (MAC). He said this is part of a process that began in 2010 with a Memo of Understanding (MOU) with MAC. We are currently in the middle of that process. Franzen said the process was begun to establish a mutually agreeable review process for the parcels and to develop regulations to guide development of the parcels. There were public hearings at the Planning Commission and the City Council in September of 2012 to approve the plan to designate Airport Commercial and Airport Office sites. Regulations creating the Airport Commercial and Airport Office sites were approved by the City Council in the first part of 2013. The second part of the process began when the Planning Commission recommended approval of all the proposed rezoning with some conditions at their January 24, 2014 meeting. The concept plans developed for the parcels will represent a couple of ways the parcels might be developed in the future. The third stage of the process will occur when a developer and the MAC work out an agreement for development and then come forward to the City with a development concept. The plan will be reviewed to the performance standards of development in Eden Prairie. Franzen said staff and the Planning Commission determined Parcels 2 and 6 are different from the other parcels. Parcel 2 is located on the west end of the runway, and staff recommended rezoning nine acres of the site, not 39 acres as requested by MAC in the application. Staff felt that size would be a better fit with the neighborhood and would allow more of the site to remain in a natural condition. He said Parcel 6 is on the east end of the runway, and staff recommended the development be concentrated on the upper part of the parcel. The Planning Commission and staff recommended all of Parcels 3, 4, 5, and 7 be zoned commercial as they do not have natural features to preserve. Tyra-Lukens asked why we are doing this at this time rather than waiting for an actual proposal to come in. Franzen replied we are separating the rezoning process from the site plan process in accordance with the MOU with MAC. This process gives us two opportunities to be at the table. We still have an opportunity to come back through the site plan process. One of the constant conditions is that the site plans have to conform to the Airport Office and Airport Commercial Zone regulations. Tyra-Lukens asked if, by going through this process, MAC is willing to go along with all of our requirements for how the buildings look. Franzen said that was correct. Tyra-Lukens asked Mr. Rosow to talk about the legal ability we have to say "no" on these parcels. Rosow said when we started the process in 2010, MAC submitted a seven point proposal for the MOU that provided MAC would seek input from the City and would provide property owners notice of proposed development and an opportunity to comment on it. They would incorporate the City's design standards into the development if those were in compliance with their standards. We met with them and said we needed a process that is akin to our normal process that would go through Guide Plan change, zoning and the development process. MAC was willing to go through that process as a compromise as long as they could get zoning before they had to get a developer involved. They wanted an informal process where they were in charge, and we wanted a public process such as tonight's hearing. In order to get that process, we agreed to pre-zone the parcels, unlike our typical development process. Rosow said in 1992 we asked the Attorney General for an opinion on what the City's authority was in regard to the zoning of airport property. The Attorney General said with respect to property that was put to aeronautical use, we had no zoning authority. As to the property they would propose to develop and lease to private development for non- aeronautical use, Rosow said he took the position that was a non-aeronautical use of property. MAC has taken the opposite position. He was convinced if we had not developed the process MAC would have told us that we don't have any right to zone their property and would proceed to develop it as they wanted. If there were one or two parcels that the Council had more trouble with than others, he would recommend that the Council take action on the rezoning for those parcels the Council does agree with and continue the hearing with respect to the others so we can sit down with MAC and cooperatively resolve the issues. Nelson asked if all of the parcels are out of the safety zone. Franzen said Sites 2 and 6 are in the B zones. Aho noted there are many different layers of safety zoning so this is a pretty complicated picture. He serves on the Joint Airport Zoning Board(JAZB). The JAZB had a complicated model that showed all the height and other restrictions involved. Nelson said she assumed anything that gets approved has to comply with those safety zones. Case thought we all understand this is complicated. He understood that if we have serious concerns we should put those items on hold, but he wanted the City to have more than a seat at the table. In a real situation, if we have a problem with a particular zoning category, we need to have a rationale for that. He asked if we have that freedom and flexibility as we go down this road. Rosow said the question is whether we have the zoning authority in the first place. If we do, then we can use all the tools we have available. If we don't have that authority, then they can do whatever they desire in terms of the development. The process was designed to give us a seat at the table and to give us the tools to guide the development in the usual manner. We have not had discussions with MAC staff about what happens if we have issues with some of the six parcels. The Council should continue those parcels that have issues so we can have discussions with MAC and they can hear what the Council concerns are. Case said everyone who is impacted by the potential development needs to understand that the City Council represents the people of Eden Prairie and wants to make sure people around the area are well listened to. However, it is a complicated issue and we also want to keep the City out of court. A. MAC DEVELOPMENT PARCEL 2 by Metropolitan Airports Commission. Request for Zoning District Change from Rural to Airport Office on 39 acres. Location: Flying Cloud Airport (Ordinance for Zoning District Change) Getschow said the MAC request for Parcel 2 is to rezone the entire 39 acres from Rural to Airport Office. Staff and the Planning Commission recommended rezoning approximately 9 acres of the parcel to Airport Office. Bridget Rief, Director of Airport Development for MAC, said this parcel is located west of the airfield between CS 84 and Eden Prairie Road. She said the majority of the 39 acre site is not conducive to development. Both of the concepts they developed are focused on the north end of the site. The first of the two concepts would have a single story office building tucked into the back of the hill with parking access from Eden Prairie Road. The second concept would be a four story office development on the same size parcel that would not exceed any of the height restrictions around the airport. MAC is asking for zoning from Airport to Airport Office tonight. Trisha Tyson, 9841 Frederick Place, said she lives just south of the proposed development. She was concerned about the amount of traffic that would be generated by the proposed development and asked if there would be a signal light at the intersection. Ellis said at this point it would be premature to make a determination if traffic signals were needed; however, turn lanes might be necessary to accommodate some of the increased traffic. Derek Abbey, 16101 Valley Road, said he was concerned that State guidelines have Safety Zone B as Zone A. Rosow said the JAZB zones have not been adopted. The City, in accordance with the amended Comprehensive Guide Plan, adjusted Zones A and B to conform to the Federal zones. Rosow did not think the Council needs to be concerned that we are adopting anything in violation of State guidelines. Jack Matz, 9752 Cupola Lane, said he understood the people at the MAC say they are going to do what they want to do with the parcel. MOTION: Aho moved, seconded by Case, to close the public hearing. Motion carried 5-0. Case said he understood that other cities do pre-zoning but he did not know enough about doing that process. He did not feel comfortable that this is just a proposal. He was concerned about what we are saying when we approve the concept. He asked if MAC could come back with a proposal that had big changes. Rosow replied the Council is approving the zoning of the parcel and is not approving anything with respect to the site plan. If the zoning were to be approved and they came back with an actual proposal, that proposal would have to go through the site plan approval process and, according to the MOU, it has to meet our performance standards. The performance standards are part of the MOU. The purpose of the exercise here is to continue to move forward. They have agreed to be bound by the performance standards if we rezone the property. Case said he was concerned we are setting a precedent for a future Council to deal with. Rosow said development must meet the performance standards if they don't ask for variances. The Council is saying "yes" to the zoning but the performance standards are still part of the site plan approval process. Case said he was concerned that we would be giving some potential political power leverage to MAC that could work against a future City Council. Butcher Wickstrom said she wanted to assure our residents that the Council Members are representatives of our citizens. We have heard from some residents and that is what we are here to do. Her sense is that the MAC is wanting to hear a message from the Council on these concepts and hear the feedback we have received from residents. She said this is one of the parcels that she was not comfortable with. She would like to table this particular plan because the concept of the four story building is disconcerting to her and she has heard from residents who were concerned about the pipeline and the safety zone. Nelson said she would agree with Council Member Butcher Wickstrom. She would like to table the two parcels in the safety zone. She thought we may be able to clarify the language for Parcels 2 and 6. Those two parcels are different from the others and should be tabled with the purpose of determining that we are correctly handling the safety issues for these parcels. Rosow said the Council can move to continue the public hearings to a date certain. If the item is tabled, it won't come up until a Council Member makes a motion to bring it back, and it must be the same Council Member that made the motion to table it. In either event, he would suggest staff be directed to notice it as a public hearing. There would then be a renewed opportunity to comment on anything that might be of concern. Nelson asked if it could be continued until discussion is finished rather than to a date certain. Rosow said the 120 day review period ends April 8. He suggested the discussion be continued for a month to March 18 and staff be directed to notice that date as a public hearing so people have an opportunity to address the City Council. Aho said we need to remember here that we are not approving a specific project, rather we are zoning the parcels. They have given us concepts about what might be possible. As we have discussed, we still have the opportunity to approve any project that is brought forward, and it would have to meet all the requirements. He thought we are getting too proscriptive and worried about the details. We are not giving MAC carte blanche,just zoning the properties to a particular building type. Everything still has to meet all of our zoning and planning requirements and go through our whole process. He didn't see we are giving up anything by changing zoning. Tyra-Lukens asked if we would continue to work cooperatively with MAC if we rezone this. She was concerned they could put in a gas station once it is rezoned. Rosow said if they have the right to go ahead without our approval that would be correct. Butcher Wickstrom said it was her sense that MAC needs to hear our comments about this. She thought it is our privilege to let them know what our residents have said about it. Aho said we need to bring out what our residents have told us about the parcels. MAC is not coming to us with a proposal at this point, rather a request to rezone. We need to make known what our thoughts are about development. Case said he didn't agree because that would make the assumption that their rules are the same, but they aren't. He was concerned about setting up a potential environment that would limit a future City Council to represent the people. He liked the idea of continuing this for a month. MOTION: Case moved, seconded by Butcher Wickstrom, to continue the public hearing to the March 18 meeting of the City Council and to direct staff to re-notice the public hearing. Aho said his question is what do we anticipate we will accomplish during that period and who is going to do what. Nelson said she would like to add a requirement that any development proposal conforms to all safety requirements. Aho said a development has to meet all the safety requirements or it could not be put forward. Case said he would like to know from staff what we would expect if this parcel came in as a regular and normal site given the neighboring residential areas. We should have some definition of what we might want to do if this were not a MAC parcel. Ms Rief said the proposal they put together for all of the parcels was done at the specific request of City staff. They did not want to come with any request that was too nebulous,but these designs are just potentials. MAC worked very closely with staff regarding setbacks so the concept designs would be something that accurately reflects what the City's standards would require of them without the promise of what it is going to look like. A developer would have to come through the City's site plan process. MAC would never propose anything that exceeds safety requirement. Ms Rief said MAC representatives were here tonight to hear the Council's concerns. This is meeting number five in a series of nine potential meetings. She said the pipeline runs all along the northern edge of the airport property, and they are not looking to relocate that. She was also interested in learning who would be responsible for doing what if the public hearing is continued. Butcher Wickstrom thought what we had to say might provide MAC with some additional information about what a proposal might be as it would come forward. Ms Rief said the action requested tonight is the zoning of the parcel and has nothing to do with the actual site plan review. Hearing the concerns of the residents and the Council is a little premature because MAC is only asking for the zoning tonight. Rosow said the question that he thought the Council was asking is: If we granted the zoning would MAC comply with all the performance standards including those related to a variance if one is requested by the developer. There could be discussion about that during the next month, and staff would bring information back to the Council on March 18. VOTE ON THE MOTION: Motion carried 5-0. Aho asked that staff follow up with this and have a plan going forward between this meeting and March 18. Case said he would like to get some kind of a written response to know if MAC will abide by the normal process including the process for variance requests. We need to know if they are willing to go on record they will abide by our process. Rosow said the MOU states if the City rezones each development parcel MAC agrees not to dissent to the City's zoning authority, and the architectural design review process set forth in City code will be followed with respect to any specific development proposed. Case asked what would happen about a variance request. Rosow said the only difficulty is that either party has the right to terminate the agreement. Nothing they have demonstrated shows anything other than they want to develop the parcels in compliance with City standards; however, he thought a little more conversation about this is appropriate. Nelson asked if all of the parcels should be continued. Rosow said the Council could do that and then take them all together. However, if there are no concerns about the other parcels, he thought approving those is a good step to take to show MAC that you want to continue to move forward. B. MAC DEVELOPMENT PARCEL 3 by Metropolitan Airports Commission. Request for Zoning District Change from Rural & Public to Airport Commercial on 3.04 acres. Location: Flying Cloud Airport(Ordinance for Zoning District Change) Ms Rief said this parcel is located at the corner of Pioneer Trail and Mitchell Road and offers the best opportunity for development. Access to the parcel would be off the road into the athletic fields. They have a retail and a convenience store concept for the site and have worked with staff on setbacks and overall looks of the structure. They tried to reduce the impact to the residents across the street with landscaping and other screening options. She noted MAC worked with City staff on the improvements to Mitchell Road, and the site has City sewer and water. They are requesting a rezoning from Airport to Airport Commercial. Nelson said this one seems to make sense, and she would be willing to go forward with this one in good faith. Case thought we would take issue with a gas station coming in if this were a normal zoning situation. By releasing this to commercial it gets into the question of fully utilizing the property. He asked if we can say "no" and what power are we releasing. Butcher Wickstrom said she feels comfortable with this. We have heard there is a deficit of gas stations in the area. She would like to hear comments from our residents. There were no comments from the audience. MOTION: Aho moved, seconded by Butcher Wickstrom, to close the public hearing and to approve 1st reading of the ordinance for Zoning District change from Rural and Public (PUB)to Airport Commercial (A-C) on 3.04 acres, subject to the following condition: Any site plan application will conform to all requirements of the City Code. Motion carried 5-0. C. MAC DEVELOPMENT PARCEL 4 by Metropolitan Airports Commission. Request for Zoning District Change from Public to Airport Commercial on 4.53 acres. Location: Flying Cloud Airport(Ordinance for Zoning District Change) Ms Rief said access to this parcel would be from the existing stoplight that allows access into the athletic fields. There are some similarities in these concepts to those of Parcel 3. They would ensure this parcel is accessible by the public, and would also make sure airport security is retained. Butcher Wickstrom said she felt similarly about this parcel as Parcel 3. It makes a lot of sense, and she would be comfortable with either of the uses. Case said he was treating these requests as if they were normal requests. He was probably more comfortable with this than the other parcels. He wanted to make sure screening and any negative impacts would be mitigated. He thought this is a pretty clean type of commercial project. There were no comments from the audience. MOTION: Nelson moved, seconded by Butcher Wickstrom, to close the public hearing and to approve 1st reading of the ordinance for Zoning District change from Public (PUB)to Airport Commercial (A-C) on 4.53 acres, subject to the following condition: Any site plan application will conform to all requirements of the City Code. Motion carried 5-0. D. MAC DEVELOPMENT PARCEL 5 by Metropolitan Airports Commission. Request for Zoning District Change from Public to Airport Commercial on 0.45 acres. Location: Flying Cloud Airport(Ordinance for Zoning District Change) Ms Rief said this parcel is very small and is not conducive to development. They want to tie this to Parcel 7 and use it as a drainage outlot for Parcel 7. Case asked where it is located. Franzen said it is in front of the SuperAmerica site in the northeast quadrant of Flying Cloud Drive and Pioneer Trail. Case said if this is contiguous with the Barney property there was a potential burial site in this area. Tyra-Lukens asked how it would ever be used, given the shape of the property. Ms Rief said they were interested in having it tied to Parcel 7 to use as a supporting function for drainage issues. There were no comments from the audience. MOTION: Aho moved, seconded by Butcher Wickstrom, to close the public hearing and to approve 1st reading of the ordinance for Zoning District change from Public (PUB)to Airport Commercial (A-C) on 0.45 acres, subject to the following condition: Any site plan application will conform to all requirements of the City Code with the granting of a waiver or a variance to the lot size requirement for the A-C zoning district. Motion carried 5-0. E. MAC DEVELOPMENT PARCEL 6 by Metropolitan Airports Commission. Request for Zoning District Change from Rural &R1-13.5 to Airport Office on 20.02 acres. Location: Flying Cloud Airport(Ordinance for Zoning District Change) Getschow said this is the other office parcel and is a request to rezone the entire 20 acre parcel from Rural to Airport Office. City staff and the Planning Commission recommend that we rezone only 10 of the 20 acres in order to concentrate development on the northern 10 acres. That would fit in better with the neighborhood and minimize the impact to natural areas. Ms Rief said some areas of the parcel are not conducive to development. The existing wetland and flood plain areas of the site are located on the southern portion of the parcel, and they would not allow development in that area. They have two different concept plans that show the buildings tucked into the side of the hill with a more residential look and feel. The southern portion of the proposed concept would require some additional grading and some significant costs for parking. The expectation is that, because of the topography on the site, there aren't a lot of options to develop. They would like to have the entire 20 acre parcel available for a developer to make a decision. Case asked about the land to the west of the parcel. Ms Rief said the radar site comes with a protective zone around it out to 1000 feet. She said the runway protection zone and Zone A would limit the development. The location of the VOR was selected as the only location that wouldn't impact non-MAC property. This VOR serves 64 paths for the MSP airport in addition to the Flying Cloud facility. John Fedora, 9820 Tree Farm Road, said that everything previously discussed about Parcel 2 applies to Parcel 6. This parcel directly touches about 14 residential properties with another five or six separated by a small piece of park land. As a resident he did not want to be harmed in the process nor to have his property values diminished. He thought the separate rezoning process and development proposal doesn't make sense. He would be open to going through the normal process. He would like them to develop the other parcels first because they would learn a lot through that process. He thought this is the least desirable property with the greatest negative impact to the residents. He wanted to wait until there is a real developer with a real plan as this action leaves them in a huge uncertain area. Dan Sheehan, 9836 Tree Farm Road, noted there have been five fairly recent plane crashes at Flying Cloud field in the safety zones. He asked why we would be shortening the safety zones for the benefit of MAC. Tim Conners, 9823 Tree Farm Road, said it is good to see that MAC is willing to listen. Parcel 6 is the only one that truly abuts residential property. Prior to purchasing their homes, all of the residents there understood that the property behind their homes would not be developed, and they are the ones that have the most to lose with a decision. He asked why we are compromising the safety zones because there have been accidents on the ends of the runways. MAC has indicated Parcel 6 is the least desirable for development. He thought Eden Prairie has made every effort to maintain natural habitat, and this area has a lot of wildlife that would be compromised by development. Robin Kleinert, 9772 Tree Farm Road, said she understood MAC owns the land and has the ability to do what they want with it; however, she wanted the City Council to consider the residents there. They were told there would never be anything built behind them. Once building begins behind them their lots are not as valuable. She encouraged the Council to leave Parcel 6 off the development list because it is so close to residential land. Sarah Sheehan, 9836 Tree Farm Road, said this particular parcel sits right next to the homes, and she thought it was important to consider how this will impact the whole community. She was strongly against zoning the parcel commercial. MOTION: Case moved, seconded by Butcher Wickstrom, to close the public hearing. Motion carried 5-0. Butcher Wickstrom said she was not comfortable with either Parcel 6 and Parcel 2. To develop in this area would cause huge heartburn for our residents and would have an impact on all the things mentioned. Over the years she has served on the Council she has heard from a lot of the neighbors in the area about airport noise and the landfill. Even though those things are a part of their everyday lives the residents have chosen to live there because they have a beautiful view. It would be very difficult to locate a development in that area and take away the thing they cherish. She would like to continue this to March 18 as we did Parcel 2. Case said we know nothing is forever and even though government may promise something, the next generation can change that. He thought it is up to the people in government at the moment to be faithful to pledges made in the past. He believed we really thought that area would stay open as airport land and didn't see this coming. Looking at it from his rationale, if this parcel were not airport land, he was not sure we would ever permit something to be developed that would be a four zone separation. The houses are zoned R1-13.5 and this zoning jumps four zoning levels to go to office development. We are shoehorning development into this parcel. He thought the Council Members need to stand up for the neighbors, and he will not vote for any development on this parcel. Aho asked if the VOR could be moved to the west to reduce the crowding. Ms Rief said the VOR is not relocatable. It is sited based on the proximity to the runway. The technology may become obsolete at some point, but it is tied very closely to the municipal airport. Nelson asked why they were not proposing residential development for this parcel. Ms Rief said the site lies in a potential Zone B and that does not allow for residential development. Nelson said it doesn't make sense from a development point of view to have an office development set that far back from a roadway. Ms Rief said this parcel sits farther from the end of the runway than does Parcel 2. She said the Metropolitan Council guidelines state there are areas that are not recommended for residential development but are conducive to other types of development. This is outside of the potential future Zone B, and they don't recommend residential as there would be concerns about access. They have had two different marketing studies done, and both indicated this is a potential development site. MOTION: Butcher Wickstrom moved, seconded by Nelson, to continue the public hearing to the March 18 meeting of the City Council and to direct staff to re-notice the public hearing. Motion carried 3-2,with Aho and Case opposed. F. MAC DEVELOPMENT PARCEL 7 by Metropolitan Airports Commission. Request for Zoning District Change from Public to Airport Commercial on 3.17 acres. Location: Flying Cloud Airport (Ordinance for Zoning District Change) Ms Rief said this parcel has some development potential, and they have one building concept for the site. Case said this makes sense to him but the sad issue is that the public gardens are located there. He thought it would be great to find other areas for the public gardens once this property is developed. There were no comments from the audience. MOTION: Case moved, seconded by Butcher Wickstrom, to close the public hearing. Motion carried 5-0. MOTION: Butcher Wickstrom moved, seconded by Case, to approve 1st reading of the ordinance for Zoning District change from Public (PUB)to Airport Commercial (A-C) on 3.17 acres, subject to the following condition: Any site plan application will conform to all requirements of the City Code. Motion carried 5- 0. G. FIRST READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 11 RELATING TO DISTRICT STANDARDS AND OFF STREET PARKING FACILITIES FOR THE A-C AND A-OFC DISTRICTS Getschow said this amendment adds setbacks, lot sizes, building height, site coverage,parking, etc., requirements for the A-C (Airport Commercial) zoning district and the A-OFC (Airport Office) district. The amendments are the same as other commercial and office zoning districts. The Planning Commission voted 6-0 to recommend approval of the code amendment at the January 13, 2014 meeting. He said part of this goes back to Step 1 of the process with MAC. Tyra-Lukens said she looked at some of the specs and did not see any berming. She thought we had regulations regarding that. Franzen said berming is part of Chapter 11 where we have screening standards. MOTION: Case moved, seconded by Aho, to close the public hearing and to approve 1st reading of the ordinance amending Chapter 11 Section 11.03, Subd 2 Tables 4 and 5. (District Standards), and Section 11.03 Subd 3. H.4 (Parking Requirement Use). Motion carried 5-0. X. PAYMENT OF CLAIMS MOTION: Nelson 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, Case,Nelson, and Tyra-Lukens voting "aye." XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. Snowplowing Efforts--Council Member Butcher Wickstrom Butcher Wickstrom said she has received some feedback from residents who applauded the great efforts of our Public Works Director and the leadership of Mr. Getschow on the difficult issue of snow plowing this winter. B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY 1. Consideration of Adoption of Ordinances Related to E Cigarettes and Hookah Lounges Rosow said he gave a presentation with respect to e cigarettes and the options available to the City at the last Council meeting. The City Council directed staff to bring back the options to consider in a more formal format. He said he had five different options tonight: 1. Approve an ordinance to prohibit smoking of e cigarettes in locations covered by the Eden Prairie Smokefree Air ordinance of 2002; 2. Approve an ordinance to prohibit smoking in locations covered by the Eden Prairie Smokefree Air Ordinance of 2002 and the Minnesota Clean Indoor Air Act; 3. Require a license for retail sale of e cigarettes; 4. Approve an ordinance for a moratorium on retail sales and sampling of e cigarettes 5. Approve an ordinance for a moratorium on hookah lounges and e cigarette lounges. Rosow said State law allows a City to put a moratorium in place for one year. The actual time would depend on how long it takes staff to come back with recommendations. The period can be extended for another six months. Tyra-Lukens said we have been talking about this for a while, and the thing that drives this for her is that we don't know what is in the e cigarettes. She thought people should be able to buy them if they want as long as their use doesn't impact someone else. She asked if there could be a separate moratorium on the sampling of e cigarettes. Rosow said the language could be varied in the moratorium on hookah lounges and e cigarette lounges (Item E)to include the addition of no "sampling" of e cigarettes in retail establishments. Case said he would like to move on this and get ahead of it. He has had some push back from people who say it helps those who are addicted to tobacco products. He would favor passing Items B, C and Item E modified to not allow the sampling of e cigarettes. Nelson said that was what she was going to suggest. E cigarettes are different from regular cigarettes, but they have many of the same issues. MOTION: Case moved, seconded by Butcher Wickstrom, to approve first reading of an ordinance amending City Code Section 9.42 adding e cigarettes to the prohibitions against smoking in locations covered by the Eden Prairie Smokefree Air Ordinance of 2002 and the Minnesota Clean Indoor Air Act. Motion carried 4-1,with Aho opposed. Aho said, although he does not like e cigarettes, he thought there is a lot less risk to people who are using the product. He thought a moratorium is fine to allow time to see what the State and Federal government do. MOTION: Case moved, seconded by Butcher Wickstrom, to approve first reading of an ordinance amending City Code Section 5.35 to require a license for the retail sale of e cigarettes. Motion carried 5-0. MOTION: Nelson moved, seconded by Case, to approve first and second readings of Ordinance No. 4-2014 temporarily prohibiting all hookah lounges, e cigarette lounges and related lounges and the "sampling" of e cigarettes in retail establishments; and to adopt Resolution No. 2014-27 approving publication of the summary ordinance; and to adopt Resolution No. 2014-28 authorizing a study to determine what amendments to City code are required to protect the public health, safety and welfare and to provide for sound planning with respect to all hookah lounges, e cigarette lounges and related lounges and the "sampling" of e cigarettes. Motion carried 5-0. XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Case moved, seconded by Butcher Wickstrom, to adjourn the meeting. Motion carried 5-0. Mayor Tyra-Lukens adjourned the meeting at 9:37 PM. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar March 4, 2014 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: Let's Go Fishing Place: Camp Edenwood 6350 Indian Chief Road Date: March 15, 2014 Organization: Mpls Metro Pheasants Forever Chapter 0011 Place: Arnzen Arms 12494 Plaza Drive Date: May 31, 2014 2014 Renewal Licenses Private Kennel Jamie Stoia - 1 - CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar March 4, 2014 DEPARTMENT/DIVISION: ITEM DESCRIPTION: IEM NO.: VIII.B. Randy L. Slick Final Plat Report of Bluffs West 13th Public Works/Engineering Addition Requested Action Move to: Adopt the resolution approving the final plat of Bluffs West 13th Addition. Synopsis This proposal is for the plat located at 11480 Riverview Road. The plat consists of 1.33 acres to be platted into 4 single family lots. This is a replat of Outlot L, Bluffs West. The preliminary plat was approved by the City Council on January 21, 2014. Second reading of the Rezoning Ordinance and final approval of the Developer's Agreement was completed on February 18, 2014. Approval of the final plat is subject to the following conditions: • Receipt of engineering fee in the amount of$350.00. • Receipt of street lighting fee in the amount of$694.97. • The requirements as set forth in the Developer's Agreement. • Prior to the release of the final plat, Developer shall execute the Special Assessment Agreement for trunk utility improvements in the amount of$9,717.57. • Prior to release of the final plat, Developer shall provide to the City a current title insurance policy • Prior to release of the final plat, Developer shall record and provide proof of filing the Development Agreement at the County Recorder and/or Registrar of Titles. • Prior to release of the final plat, Developer shall pay connection fees for sanitary sewer and water main in the total amount of$38,130.00 for two sets of services. Attachment • Resolution • Final Plat Drawing CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2014- A RESOLUTION APPROVING FINAL PLAT OF BLUFFS WEST 13TH ADDITION WHEREAS, the plat of Bluffs West 13th Addition has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder; and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council: A. Plat approval request for Bluffs West 13th Addition is approved upon compliance with the recommendation of the Final Plat Report on this plat dated March 4,2014. B. That the City Clerk is hereby directed to supply a certified copy of this resolution to the owners of the subdivision of the above named plat. C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the Eden Prairie City Council on March 4, 2014 Nancy Tyra-Lukens, Mayor ATTEST: SEAL Kathleen Porta, City Clerk BLUFFS WEST 13TH ADDITION R.T. DOC. 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William P.S pall,He i Sepik Col l y SI ueynr Sy:_ REGISTRAR OFTITL ES,HENNEPIN COUNTY,MINNESOTA Drainage and Utility Easements ore IlerebyceNl/tlatnWillie W pate W.SLUFFSESTI3TH ADDITION was Ve l N d 6 office nls____day of ___.20__at Moot__M. shown thus: 0 5_Jo Martl1 Mxolm Ltl,RegktarorTItles Sy:_ Depeb/ __i—__ja t a L •Denotes 1/2 inch iron pipe Being 5 feet in width and adjoining monument found. lot lines,unless otherwise shown, O Denotes 1/2 inch by 14 inch iron and 10 feet in width and adjoining pipe monument set and marked by right of way lines as shown on the License No.14376. HEDL UND plat. 30 0 30 60 90 Bearings shown are based upon the East line of Oullol L.BLUFFS WEST,which has an assumed Scale In Feet PLANN/NG ENG/NEER/NG SURVEY/NO bearing of 5 19158'11"W. CITY COUNCIL AGENDA DATE: March 4, 2014 SECTION: Consent Agenda DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.C. Community Development/Planning Rezoning of MAC Development Janet Jeremiah Parcel 3 Requested Action Move to: • Approve 2nd Reading of the Ordinance for Zoning District Change from Rural and Public (PUB) to Airport Commercial (A-C) on 3.04 acres, subject to the following condition: 1. Any site plan application will conform to all requirements of the City Code. Synopsis This is the final approval of the rezoning for this 3.04 acre parcel. The 120-Day Review Period expires on April 8, 2014. Attachment • Ordinance for Zoning District Change from Rural and Public (PUB) to Airport Commercial (A-C). MAC DEVELOPMENT PARCEL 3 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA,REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT,AND ADOPTING BY REFERENCE CITY CODE CHAPTER 11 AND SECTION 11.99 WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the Rural District and Public District and be placed in the Airport-Commercial (A-C) District. Section 3. The proposal is hereby adopted and the land shall be, and hereby is removed from the Rural District and Public District and shall be included hereafter in the Airport —Commercial (A-C) District, and the legal descriptions of land in each District referred to in City Code Section 11.03, Subdivisionl, Subparagraph B, shall be, and are amended accordingly. Section 4. City Code Chapter 1, entitled"General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99, "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 5. This rezoning is subject to the following condition: Any site plan application will conform to all requirements of the City Code. 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 18th day of February, 2014, and finally read and adopted and ordered published as attached hereto at a regular meeting of the City Council of said City on the 4th day of March, 2014. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on , 2014. Exhibit A Legal Description MAC Development Parcel 3 That part of the Southeast Quarter of the Southwest Quarter, and that part of the Northeast Quarter of the Southwest Quarter of Section 21, Township 116 North, Range 22 West, Hennepin County, Minnesota, described as follows: Commencing at the southeast corner of the Southeast Quarter of the Southwest Quarter of said Section 21; thence South 88 degrees 59 minutes 26 seconds West, assumed bearing, along the south line of the said Southeast Quarter of the Southwest Quarter 619.08 feet; thence North 25 degrees 24 minutes 54 seconds East 130.77 feet; thence North 09 degrees 37 minutes 04 seconds East 298.26 feet; thence North 16 degrees 44 minutes 37 seconds East 484.35 feet; thence North 25 degrees 24 minutes 54 seconds East 69.17 feet; thence North 23 degrees 39 minutes 26 seconds West 28.43 feet; thence North 67 degrees 07 minutes 36 seconds West 331.31 feet; thence North 61 degrees 24 minutes 58 seconds West 90.45 feet; thence North 67 degrees 07 minutes 36 seconds West 212.98 feet to the point of beginning of the land to be described; thence continuing North 67 degrees 07 minutes 36 seconds West 73.70 feet; thence North 68 degrees 16 minutes 23 seconds West 227.12 feet; thence North 69 degrees 34 minutes 25 seconds West 30.52 feet; thence North 74 degrees 05 minutes 51 seconds West 62.18 feet; thence South 52 degrees 26 minutes 15 seconds West 43.44 feet; thence South 00 degrees 59 minutes 48 seconds East 186.42 feet; thence South 89 degrees 00 minutes 12 seconds West 4.82 feet more or less to the easterly right of way line of HENNEPIN COUNTY STATE AID HIGHWAY NO. 4, PLAT 60, as filed in the County Recorder's office as Document Number 5060347; thence South 01 degrees 01 minutes 47 seconds East along said right of way line 411.48 feet; thence North 88 degrees 58 minutes 13 seconds East 200.00 feet; thence North 01 degrees 01 minutes 47 seconds West 433.95 feet; thence North 77 degrees 08 minutes 46 seconds East 208.97 feet to the point of beginning. CITY COUNCIL AGENDA DATE: March 4, 2014 SECTION: Consent Agenda DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.D. Community Development/Planning Rezoning of MAC Development Janet Jeremiah Parcel 4 Requested Action Move to: • Approve 2nd Reading of the Ordinance for Zoning District Change from Public (PUB) to Airport Commercial (A-C) on 4.53 acres, subject to the following condition: 1. Any site plan application will conform to all requirements of the City Code. Synopsis This is the final approval of the rezoning for this 4.53 acre parcel. The 120-Day Review Period expires on April 8, 2014. Attachment • Ordinance for Zoning District Change from Public (PUB) to Airport Commercial (A-C). MAC DEVELOPMENT PARCEL 4 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA,REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT,AND ADOPTING BY REFERENCE CITY CODE CHAPTER 11 AND SECTION 11.99 WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the Public District and be placed in the Airport-Commercial (A-C) District. Section 3. The proposal is hereby adopted and the land shall be, and hereby is removed from the Public District and shall be included hereafter in the Airport—Commercial (A-C) District, and the legal descriptions of land in each District referred to in City Code Section 11.03, Subdivisionl, Subparagraph B, shall be, and are amended accordingly. Section 4. City Code Chapter 1, entitled"General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99, "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 5. This rezoning is subject to the following condition: Any site plan application will conform to all requirements of the City Code. 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 18th day of February, 2014, and finally read and adopted and ordered published as attached hereto at a regular meeting of the City Council of said City on the 4th day of March, 2014. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on , 2014. Exhibit A Legal Description MAC Development Parcel 4 That part of the south half of the Southeast Quarter of Section 21, and that part of the north half of the Northeast Quarter of Section 28, Township 116 North, Range 22 West, Hennepin County, Minnesota, described as follows: Commencing at the southeast corner of said Section 21; thence South 89 degrees 00 minutes 14 seconds West, assumed bearing, along the south line of said south half of the Southeast Quarter 1037.26 feet to a point on the southwesterly right of way line of Pioneer Trail, also known as Hennepin County State Aid Highway No. 1; thence North 57 degrees 43 minutes 08 seconds West along said right of way 25.45 feet; thence North 63 degrees 25 minutes 46 seconds West along said right of way 25.89 feet; thence northwesterly along said right of way 195.78 feet along a tangential curve, concave to the southwest, central angle 00 degrees 59 minutes 01 seconds, radius 11,405.16 feet; thence North 64 degrees 24 minutes 47 seconds West along said right of way, tangent to said curve 326.10 feet; thence South 68 degrees 03 minutes 41 seconds West along said right of way 41.17 feet; thence South 24 degrees 58 minutes 15 seconds West 47.31 feet; thence southerly 83.43 feet along a tangential curve, concave to the east, central angle 47 degrees 19 minutes 37 seconds, radius 101.00 feet; thence southerly 118.21 feet along a reverse curve, concave to the west, central angle 47 degrees 18 minutes 52 seconds, radius 143.14 feet; thence South 24 degrees 57 minutes 30 seconds West, along tangent 134.18 feet; thence South 78 degrees 58 minutes 39 seconds East 607.83 feet; thence North 26 degrees 07 minutes 23 seconds East 224.82 feet to said southwesterly right of way line; thence North 63 degrees 25 minutes 46 seconds West along said right of way 7.57 feet; thence North 57 degrees 43 minutes 08 seconds West along said right of way 65.00 feet to the point of beginning. CITY COUNCIL AGENDA DATE: March 4, 2014 SECTION: Consent Agenda DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIILE. Community Development/Planning Rezoning of MAC Development Janet Jeremiah Parcel 5 Requested Action Move to: • Approve 2nd Reading of the Ordinance for Zoning District Change from Public (PUB) to Airport Commercial (A-C) on 0.45 acres, subject to the following condition: 1. Any site plan application will conform to all requirements of the City Code with the granting of a waiver or a variance to the lot size requirement for the A-C zoning district. Synopsis This is the final approval of the rezoning for this 0.45 acre parcel. The 120-Day Review Period expires on April 8, 2014. Attachment • Ordinance for Zoning District Change from Public (PUB) to Airport Commercial (A-C). MAC DEVELOPMENT PARCEL 5 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA,REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT,AND ADOPTING BY REFERENCE CITY CODE CHAPTER 11 AND SECTION 11.99 WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the Public District and be placed in the Airport-Commercial (A-C) District. Section 3. The proposal is hereby adopted and the land shall be, and hereby is removed from the Public District and shall be included hereafter in the Airport—Commercial (A-C) District, and the legal descriptions of land in each District referred to in City Code Section 11.03, Subdivisionl, Subparagraph B, shall be, and are amended accordingly. Section 4. City Code Chapter 1, entitled"General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99, "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 5. This rezoning is subject to the following condition: Any site plan application will conform to all requirements of the City Code with the granting of a waiver or a variance to the lot size requirement for the A-C zoning district. 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 18th day of February, 2014, and finally read and adopted and ordered published as attached hereto at a regular meeting of the City Council of said City on the 4th day of March, 2014. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on March 13, 2014. Exhibit A Legal Description MAC Development Parcel 5 That part of the south 100.00 feet of the West 5/8 of the North '/2 of the South 1/2 of the Northeast Quarter and that part of the West 7/8 of the South 1/4 of the Northeast Quarter of Section 27, Township 116 North, Range 22 West, Hennepin County, Minnesota, described as follows: Beginning at the most southwesterly corner of Lot 1, Block 1, ALICE BARNEY ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota; thence South 46 degrees 07 minutes 50 seconds East, assumed bearing, along the northeasterly right of way line of Pioneer Trail, according to the Highway Easement as recorded as Document#1421934, a distance of 118.76 feet; thence southeasterly 65.39 feet along said right of way, along a tangential curve, concave to the northeast, radius 768.95 feet, central angle 04 degrees 52 minutes 21 seconds; thence northeasterly 116.39 feet along a non tangential curve, concave to the southeast, radius 1000.00 feet, central angle 06 degrees 40 minutes 08 seconds, chord bearing North 64 degrees 45 minutes 48 seconds East to the westerly right of way line of said Highway Easement; thence North 04 degrees 39 minutes 17 seconds East along said right of way 78.23 feet to the south line of said Lot 1, Block 1; thence South 89 degrees 31 minutes 56 seconds West along said south line 246.21 feet to the point of beginning. CITY COUNCIL AGENDA DATE: March 4, 2014 SECTION: Consent Agenda DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.F. Community Development/Planning Rezoning of MAC Development Janet Jeremiah Parcel 7 Requested Action Move to: • Approve 2nd Reading of the Ordinance for Zoning District Change from Public (PUB) to Airport Commercial (A-C) on 3.17 acres, subject to the following condition: 1. Any site plan application will conform to all requirements of the City Code. Synopsis This is the final approval of the rezoning for this 3.17 acre parcel. The 120-Day Review Period expires on April 8, 2014. Attachment • Ordinance for Zoning District Change from Public (PUB) to Airport Commercial (A-C). MAC DEVELOPMENT PARCEL 7 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA,REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT,AND ADOPTING BY REFERENCE CITY CODE CHAPTER 11 AND SECTION 11.99 WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the Public District and be placed in the Airport-Commercial (A-C) District. Section 3. The proposal is hereby adopted and the land shall be, and hereby is removed from the Public District and shall be included hereafter in the Airport—Commercial (A-C) District, and the legal descriptions of land in each District referred to in City Code Section 11.03, Subdivisionl, Subparagraph B, shall be, and are amended accordingly. Section 4. City Code Chapter 1, entitled"General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99, "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 5. This rezoning is approved subject to the following condition: Any site plan application will conform to all requirements of the City Code. 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 18th day of February, 2014, and finally read and adopted and ordered published as attached hereto at a regular meeting of the City Council of said City on the 4th day of March, 2014. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on March 13, 2014. Exhibit A Legal Description MAC Development Parcel 7 That part of the Northeast Quarter of Section 27, Township 116 North, Range 22 West, Hennepin County, Minnesota, described as follows: Commencing on the north line of said Section 27 at a point 5 chains West of the Northeast corner of said Section 27; thence on an assigned bearing of South 00 degrees 23 minutes 16 seconds East, parallel with the east line of said Section 27, a distance of 1985.50 feet to the north line of the South Quarter of said Northeast Quarter; thence South 89 degrees 34 minutes 49 seconds West, along said north line 12.93 feet to the point of beginning of the parcel to be herein described; thence continue South 89 degrees 34 minutes 49 seconds West, along said north line, 647.07 feet to the west line of the East 990.00 feet of said Northeast Quarter; thence North 00 degrees 23 minutes 16 seconds West, along said west line, 100.15 feet to the southeast corner of Lot 1, Block 2, AUGUSTA ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota; thence South 89 degrees 31 minutes 56 seconds West, along the south line of said Block 2, to the southwest corner thereof, also being the easterly right of way line of Pioneer Trail; thence South 04 degrees 39 minutes 17 seconds West, along said easterly right of way line 174.55 feet; thence South 33 degrees 13 minutes 57 seconds East, along said right of way line, 109.77 feet; thence easterly 804.85 feet, along the southerly right of way line of said Pioneer Trail, along a non-tangential curve, concave to the north, radius of 768.94 feet, a central angle of 59 degrees 58 minutes 16 seconds, a chord distance of 768.61 feet, and a chord bearing of North 77 degrees 06 minutes 01 seconds East to the point of beginning. This tract contains 3.17 acres of land more or less and is subject to any and all easements of record. CITY COUNCIL AGENDA DATE: March 4, 2014 SECTION: Consent Agenda DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.G. Community Development/Planning Code Amendment-Airport Office Janet Jeremiah and Airport Commercial district standards and parking. Requested Action Move to: • Approve 2nd Reading of the Ordinance amending Chapter 11 Section 11.03, Subd 2 Tables 4 and 5. (District Standards), and Section 11.03 Subd 3. H.4 (Parking Requirement Use); and • Adopt Resolution Approving the Summary of Ordinance and Ordering the publication of said summary Synopsis This is final approval of an ordinance relating to Airport Office and Airport Commercial district standards and parking. Attachments 1. Ordinance 2. Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2014 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 11 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 11.03, Subd. 2, Table 4 is hereby amended by adding rows "A-C" and"A-OFC" at the end of the table to read as shown on attached Exhibit A. Section 2. City Code Chapter 11, Section 11.03, Subd. 2, Table 5 is hereby amended by adding rows "A-C" and"A-OFC" at the end of the table to read as shown on attached Exhibit B. Section 3. City Code Chapter 11, Section 11.03, Subd. 3, H 4 is hereby amended by adding to row "d"of the table in the District Land Uses column after the words "*OFC"the words ", A-OFC". Section 4. City Code Chapter 11, Section 11.03, Subd. 3, H 4 is hereby amended by adding to row "e" of the table in the District Land Uses column after the words "COMM"the words ", A-C". 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 18th day of February, 2014, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 4th day of March, 2014. City Clerk Mayor Published in the Eden Prairie News on the day of , 2014. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2014- A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO. 2014 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. _-2014 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie held on the 4th day of March, 2014. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, THAT THE CITY COUNCIL FINDS, DETERMINES, AND ORDERS AS FOLLOWS: A. Ordinance No. _-2014 is lengthy. B. The text of summary of Ordinance No. _-2014, attached hereto as Exhibit A, conforms to M.S. § 331A.01, Subd. 10, and is approved, and publication of the title and summary of the Ordinance will clearly inform the public of the intent and effect of the Ordinance. C. The title and summary shall be published once in the Eden Prairie News in a body type no smaller than brevier or eight-point type. D. A printed copy of the Ordinance shall be made available for inspection by any person, during regular office hours, at the office of the City Clerk, and a copy of the entire text of the Ordinance shall be posted in the City offices. E. Ordinance _-2014 shall be recorded in the Ordinance Book, along with proof of publication, within twenty(20) days after said publication. ADOPTED by the City Council on March 4, 2014. Nancy Tyra-Lukens Mayor (Seal) ATTEST: Kathleen Porta, City Clerk EXHIBIT A CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE -2014 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 11, SECTION 11.03; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance amends Chapter 11 Section 11.03, Subd 2 Tables 4 and 5. (District Standards), and Section 11.03 Subd 3. H.4 (Parking Requirement Use) Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen Porta, City Clerk Nancy Tyra- Lukens, Mayor PUBLISHED in the Eden Prairie News on . (A full copy of the text of this Ordinance is available from City Clerk.) CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar 02/18/2014 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.H. Rob Reynolds, Police Chief Joint Powers Agreement for funding Police reimbursement for the eCharging Adapter work Requested Action Move to: Accept the Agreement between the Minnesota Department of Apprehension Bureau of Criminal Apprehension related to funding reimbursement for the eCharging Adapter. Synopsis This agreement will enable the City of Eden Prairie to receive reimbursement from the State of Minnesota for necessary upgrades required for eCharging submission from the Eden Prairie Police police records management system (New World Systems) to the Bureau of Criminal Apprehension and Hennepin County Attorney's Office. Upgrades were required to ensure compatibility of software systems. New World is charging the City of Eden Prairie $10,000 to make build this interface. The State of Minnesota has grant funds available to reimburse for this cost. The documentation submitted is that grant application. Attachments Agreement Joint Powers Agreement State of Minnesota SWIFT Contract No.: 0000000000000000000073043 This agreement is between the State of Minnesota, acting through its Commissioner of Public Safety, Bureau of Criminal Apprehension ("State") and the City of Eden Prairie, Eden Prairie Police Department ("Governmental Unit"). • Recitals 1. Under Minnesota Statute § 471.59, subdivision 10,the State is empowered to engage such assistance as deemed necessary. 2. Under Minn. Stat. § 299C.65, the Commissioner of Public Safety,together with the Criminal Justice Policy Group(MNJIS' governing body)is responsible for the successful completion of statewide criminal justice information system integration Network(CriMNet). 3. While various other Criminal Justice agencies at state and local government levels are working to prepare their individual information systems for the integration process, it is the MNJIS Office that is building the infrastructure required to integrate those systems. 4. The State is in need of the installation'and configuration of software to enable data workflow between the Government Unit and the state courts from the Government Unit's document management system using the BCA's eCharging application. This installation will enable the eCharging Incident/eReferral components by configuring and activating the code within the eCharging eComplaints currently implemented on the Government Unit's records management server. The installation and configuration by the Governmental Unit's RMS vendor,New World will include installation, activation, and configuration of the software on one records management server(RMS host) and at each agency enrolled on the records management server. Agreement 1 Term of Agreement 1.1 Effective date: February 3, 2014, or the date the State obtains all required signatures under Minnesota Statutes Section 16C.05, subdivision 2, whichever is later. 1.2 Expiration date: April 30, 2014 or until all obligations have been satisfactorily fulfilled, whichever occurs first. 2 Agreement between the Parties For this project, the Governmental Unit will work with their Record Management System (RMS) vendor to install their eCharging adapter that will provide eCharging submission capability from the Government Unit's RMS to the eCharging system at the BCA. The effort involved includes installation and testing of the adapter to successful incident submissions from the Governmental Unit's RMS are received and are able to be processed by the eCharging system. The Governmental Unit will be paid a fixed cost for the installation of the adapter at their location as well as at any other agencies/locations served by their RMS. The installation and configuration will include the following functionality: a) Modifications to Eden Prairie Police Department's New World software necessary for it to use the latest version of New World's eCharging adapter. To be specific, this is the version of the New World adapter being developed under separate agreement between the BCA and the City of Brooklyn Park, to meet the specifications of the Hennepin County Attorney's Office. It is understood that the implementation work in this agreement cannot be completed until the work in the other agreement is complete b)The successful submission of incidents from the Eden Prairie agencies New World installation, • using the above components, to eCharging's production environment. c) Project management necessary to complete the above work This agreement does not include the costs associated with annual maintenance charged to the Government Units by the vendor for support for the records management system. Annual support for the additional functionality is the responsibility of the Government Unit. All tasks, services and deliverables for this effort must be provided by the Governmental Unit's vendor(s) in accordance with the State of Minnesota Enterprise Technical Architecture and State of Minnesota's Non-Visual Access Standards available on the website: http://mn.gov/oet/governance/for-agencies/; and in accordance with the Department of Public Safety's Security Architecture (Exhibit A)which is attached and incorporated into this agreement. 2.1 For this effort, as specified above, the Governmental Unit will contract with their RMS vendor to: A. Implement by, April 30, 2014 an adapter to MN BCA eCharging specifications to facilitate the submission of incidents between the Governmental Unit's RMS utilized at the following location(s): • Eden Prairie Police Department B. Test and verify by April 30, 2014, the adapter accommodates successful submissions of incidents from the Governmental Unit's RMS to the eCharging system. C. Implement and support the adapter during the initial deployment of the eCharging system at the Governmental Unit's location. 2.2 The State will NOT provide: A. Resources to test RMS or Case Management System (CMS) applications. The Governmental Units' vendor is responsible for these testing activities. B. Training on the RMS or CMS user adaptor or modifications—the Governmental Units'vendor is responsible for these training activities. 3 Payment The State will pay for all services performed by the Governmental Unit under this agreement as follows: The State agrees to reimburse the Government Unit as follows: $10,000.00 for RMS Server and installation at the Eden Prairie Police Department. The total obligation of the State under this agreement will not exceed $10,000.00. 4 Authorized Representatives The State's Authorized Representative is Diane Bartell, Assistant Director, 1430 Maryland Avenue East, St Paul, MN 55106, 651-793-2590, or his/her successor. The Governmental Unit's Authorized Representative is Robert Reynolds, Chief, Eden Prairie Police Department, 8080 Mitchell Road, Eden Prairie, MN 55344, 952-949-6200. 5 Assignment,Amendments,Waiver, and Contract Complete 5.1 Assignment. The Governmental Unit may neither assign nor transfer any rights or obligations under this agreement without the prior consent of the State and a fully executed Assignment Agreement, executed and approved by the same parties who executed and approved this agreement, or their successors in office. 5.2 Amendments. Any amendment to this agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original agreement, or their successors in office. 5.3 Waiver. If the State fails to enforce any provision of this agreement, that failure does not waive the provision or its right to enforce it. 5.4 Contract Complete. This agreement contains all negotiations and agreements between the State and the Governmental Unit. No other understanding regarding this agreement, whether written or oral, may be used to bind either party. 6 Indemnification In the performance of this contract by the Governmental Unit, or Governmental Unit's agents or employees, the Governmental Unit must indemnify, save, and hold harmless the State, its agents, and employees, from any claims or causes of action, including attorney's fees incurred by the state, to the extent caused by Governmental Unit's: 1) Intentional, willful, or negligent acts or omissions; or 2) Actions that give rise to strict liability; or 3) Breach of contract or warranty. The indemnification obligations of this section do not apply in the event the claim or cause of action is the result of the State's sole negligence. This clause will not be construed to bar any legal remedies the Governmental Unit may have for the State's failure to fulfill its obligation under this contract. 7 State Audits Under Minnesota Statute § 16C.05, subdivision 5, the Governmental Unit's books, records, documents, and accounting procedures and practices relevant to this agreement are subject to examination by the State and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this agreement. 8 Government Data Practices The Governmental Unit and State must comply with the Minnesota Government Data Practices Act, Minnesota Statute Ch. 13, as it applies to all data provided by the State under this agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Governmental Unit under this agreement. The civil remedies of Minnesota Statute § 13.08 apply to the release of the data referred to in this clause by either the Governmental Unit or the State. If the Governmental Unit receives a request to release the data referred to in this Clause, the Governmental Unit must immediately notify the State. The State will give the Governmental Unit instructions concerning the release of the data to the requesting party before the data is released. 9 Venue Venue for all legal proceedings out of this agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in.Ramsey County, Minnesota. 10 Termination 10.1 Termination, The State or the Governmental Unit may terminate this agreement at any time, with or without cause, upon 30 days'written notice to the other party. 10.2 Termination for Insufficient Funding. The State may immediately terminate this agreement if it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination must be by written or fax notice to the Governmental Unit. The State is not obligated to • pay for any services that are provided after notice and effective date of termination. However, the Governmental Unit will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. The State will not be assessed any penalty if the agreement is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds. The State must provide the Governmental Unit notice of the lack of funding within a reasonable time,of the State's receiving that notice. 1. STATE ENCUMBRANCE VERIFICATION 3. STATE AGENCY Individual certifies that finds have been encumbered as required by Minnesota Statute§§16A.15 and 16C.05. By: (with delegated authority) Signed: Title: Date: Date: SWIFT PO#3000025204 4. COMMISSIONER OF ADMINISTRATION As delegated to Materials Management Division 2. GOVERNMENTAL UNIT By: By: Date: • Title: Date: By: • Title: Date: Distribution: Agency Governmental Unit State's Authorized Representative Exhibit A Department of Public Safety's Security Architecture Minnesota Department of Public Safety divisions and their vendors should be aware of the department's security architecture when designing and/or implementing applications or installing network devices on depai linental resources. Web Based Applications and/or Servers Web Based Applications should be based upon Microsoft Internet Information Server unless there is compelling business needs to use some other Web Server environment. Web Servers will be installed on a separate and isolated Ethernet network segment behind a departmental firewall. Web Servers must not host Applications. Applications must reside on a separate Application Server on a separate and isolated Ethernet network segment behind a departmental firewall. The departmental network is TCP/IP based. As the default profile of the firewall is to deny all incoming and outgoing traffic,DPS divisions and/or their vendors must provide all source and destination addresses,port numbers, and protocols required for network communications.In addition,they must provide a written business need for the network communications. Database Applications and/or Servers Database Applications should be based upon Microsoft SQL Server unless there are business needs to use some other Database Server environment. Database Servers will be installed on a separate and isolated Ethernet network segment behind a departmental firewall. The departmental network is TCP/IP based. As the default profile of the firewall is to deny all incoming and outgoing traffic,DPS divisions and/or their vendors must provide all source and destination addresses,port numbers, and protocols required for network communications. In addition,they must provide a written business need for the network communications. Email Based Applications and/or Servers DPS divisions and/or their vendors are encouraged to use the department's email system where appropriate. Email Based Applications should be based upon Microsoft Exchange Server unless there is compelling business needs to use some other Web Server environment. Email Servers will be installed on a separate and isolated Ethernet network segment behind a depai tiaental firewall. The depai turental network is TCP/IP based. As the default profile ofthe firewall is to deny all incoming and outgoing traffic,DPS divisions and/or their vendors must provide all source and destination addresses,port numbers,and protocols required for network communications. In addition,they must provide a written business need for the network communications. Applications and/or Application Servers DPS divisions and/or their vendors will need to discuss with the departmental Security Manager as to the appropriate placement of applications and application servers. Data Privacy Since some depaituiental data is classified as"Not Public"data,this type of data must be protected during transport across public networks and possibly in storage. The department has implemented Virtual Private Network(VPN)technology to aid in the transport of private data. Contact the departmental Security Manager for discussions on the use of this technology. Vendor Remote Access Remote vendor access for technical support will occur when there is a valid business need,through a secured and monitored VPN. If persistent access is required,the VPN will use two-factor authentication.If one time access is required,VPN access may be granted using a strong password. This remote VPN access shall be limited by the firewall and/or VPN server to the specific protocols,ports, and servers needed. Vendor staff may be required to undergo a background criminal history check in accordance with DPS Policy#5100 Information Resources Security and Acceptable Use. (THE REMAINING PORTION OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar March 4, 2014 DEPARTMENT/DIVISION: ITEM DESCRIPTION: #01-5537 ITEM NO.: VIII.I. Mary Krause Approve Plan and Specifications and Order Advertisement for Bids for the Eden Prairie Public Works/Engineering Road Improvements Requested Action Move to: Adopt resolution approving plan and specifications and ordering advertisement for bids for the Eden Prairie Road Improvements, I.C. 01-5537. Synopsis With the assistance of SEH, Inc. the Engineering Division has prepared plans and specifications for the Eden Prairie Road Improvements. Construction of the project is scheduled to begin in June of this year and will extend into the 2015 construction season. Plans for the project include the construction of a new creek crossing at Riley Creek and extend to just south of the Eden Prairie Woods development. Background Information The City Council authorized a feasibility study of street and utility improvements for Eden Prairie Road(south of Riley Creek) on October 16, 2001. The amended feasibility study and resolution regarding special assessments was authorized by City Council on August 20, 2013. Improvements to Eden Prairie Road will include street, curb and gutter, storm sewer and water quality features, trails, sidewalk and sanitary sewer and water lines as well as a new creek crossing at Riley Creek. Financial Implications The construction cost estimate for the Eden Prairie Road Improvements is approximately$4.7 million. The project will be funded through special assessments. Attachments • Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2014- RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR EDEN PRAIRIE ROAD IMPROVEMENTS I.C. 01-5537 WHEREAS, the City Engineer, with the assistance of SEH Inc., has prepared plans and specifications for the following improvements to wit: I.C. 01-5537—Eden Prairie Road Improvements and has presented such plans and specifications to the Council for approval. NOW, THEREFORE,BE IT RESOLVED by the Eden Prairie City Council: 1) That said plans and specifications, a copy of which is on file for public inspection in the City Engineer's Office, are hereby approved. 2) That the City Clerk shall prepare and cause to be inserted in the official paper and in the Finance and Commerce an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published for three weeks, shall specify the work to be done, shall state the date and time that the bids will be publicly opened and the City Council meeting at which they will be considered. No bids will be considered unless sealed and filed with the Engineering Division and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the City of Eden Prairie for 5% (percent) of the amount of such bid. ADOPTED by the Eden Prairie City Council on March 4, 2014. Nancy Tyra-Lukens, Mayor ATTEST: SEAL Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION Consent Calendar March 4, 2014 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 01-5537 ITEM NO.: VIII.J. Mary Krause Approve Joint Powers Agreement with MAC Public Works/Engineering for the Eden Prairie Road Improvements Requested Action Move to: Approve the Joint Powers Agreement with Metropolitan Airport Commission (MAC) for the Eden Prairie Road Improvements Synopsis This agreement defines the cost, maintenance, easement/access rights, and other responsibilities associated with the Eden Prairie Road Improvements from Riley Creek to about 400 feet south of Frederick Place. The City Attorney and MAC's attorney have been working on this agreement and it is anticipated that we will receive the final and signed agreement prior to the council meeting. Background Information The amended feasibility study and resolution regarding special assessments was authorized by City Council on August 20, 2013 for this section of Eden Prairie Road. Improvements to Eden Prairie Road will include street, curb and gutter, storm sewer and water quality features, trails, sidewalk and sanitary sewer and water lines as well as a new creek crossing at Riley Creek. The construction is anticipated to take place beginning in June of this year with substantial completion done by November 2014. Attachment Joint Powers Agreement for Eden Prairie Road Improvements • Exhibit F—Appraisal for Flying Cloud Airport Land Acquisition for EP Rd. Expansion can be viewed at http://www.edenprairie.org/index.aspx?page=17&recordid=2362 JOINT POWERS AGREEMENT Eden Prairie Road Improvements Eden Prairie, MN THIS AGREEMENT, is made and entered into this day of , 2014, by and between the City of Eden Prairie, a Minnesota municipal corporation, hereinafter referred to as the "City", and the Metropolitan Airports Commission, a public corporation of the State of Minnesota hereinafter referred to as "MAC". WITNESSETH: WHEREAS, under Minnesota Statutes 473.601 — 473.679, MAC owns and operates Flying Cloud Airport, hereinafter referred to as the "Airport,"which is located in the City; and WHEREAS, the City has prepared plans and specifications for improvements to Eden Prairie Road adjacent to the Airport, as shown on the City Engineer's plans dated for Improvement Contract I.C. 01-5537, which shall hereinafter be referred to as the "Project"; and WHEREAS, to complete a portion the proposed improvements, the City must acquire temporary easements and permanent right-of-way easements (hereinafter referred to respectively as "Temporary Easements" and "Permanent Easements" and collectively as the "Easements" from MAC at the Airport, generally depicted on Exhibit "A" and specifically described on "B"; and WHEREAS, the City has adopted a preliminary assessment roll for the Project costs, which are to be assessed to the benefitting parcels within the City, including parcels owned by MAC identified as Parcels 28D, 29 and 29A in the Revised Feasibility Report adopted by the City Council August 20, 2013, which includes a Revised Assessment Roll attached hereto as Exhibit "C"; and WHEREAS, MAC and the City have entered into a Memorandum of Understanding Regarding Certain Development Projects at the Flying Cloud Airport, dated December 7, 2010, which includes development of parcels identified therein as Parcel 1 and Parcel 2 adjacent to the Eden Prairie Road corridor. Parcel 1 and Parcel 2 are identified in the Revised Feasibility Report referred to above as 28D, 29 and 29A, and are hereinafter referred to as "Premises"; and WHEREAS, the MAC has determined that the authorized uses under this Agreement will not interfere with airport operations; and WHEREAS, Minn. Stat. § 471.59 authorizes political subdivisions of the state to enter into joint powers agreements for the joint exercise of powers common to each. NOW THEREFORE, MAC and the City, in consideration of the covenants and considerations hereinafter specified, do hereby agree with the other as follows: 1. PURPOSE. The parties have joined together for the purpose of memorializing the terms and conditions relating to the construction of the Project, the assessment of MAC Premises and the granting of the temporary and permanent easements and other matters with respect to the Project. 2. METHOD. The City has completed the preparation of plans and specifications to construct the Project, which have been provided to MAC prior to the execution hereof. The advertisement for bids, the acceptance of all bid proposals and entering into of contracts for the Project shall be performed by the City. The City shall be responsible for all aspects of the implementation and completion of the Project. 3. COST. 1. The cost of the Project shall be paid by the City, including payment to MAC for the permanent and temporary right-of-way easements taking as set forth in paragraph 4 below. However, as a benefitting parcel owner, MAC agrees to the Revised Preliminary Assessment Roll and the payment of assessments against Parcels 28D, 29 and 29A as set forth below. The City hereby agrees that payment of assessments against a parcel which is part of the Premises will be deferred until the parcel located on the Premises receives a building permit for development on the parcel. If a building permit is issued, the full amount of the assessment against that particular parcel will be due and payable at building permit issuance. The final assessment for each parcel shall be subject to interest from the date of the assessment, all as set forth in the Resolution adopting the assessment; provided, however, that interest shall be capped at 50% of the principal amount of the assessment. 2. The Revised Preliminary Assessment Roll set forth a total amount to be assessed against Parcels 28D, 29 and 29A as $794,888.24. The parties agree that the total amount of the assessments shall be divided among Parcels 28D, 29 and 29A as set forth on Exhibit D as follows: Parcel 28D: $38,382.47 Parcel 29: $487,695.94 Parcel 29A: $268,809.83 4. EASEMENT. A. Upon the execution of this Agreement, MAC shall grant to the City the necessary Easements required for the Project, in the form attached hereto as Exhibit E, subject to the terms and conditions hereinafter stated. B. MAC shall tender the executed Easements in recordable form to the City in exchange for payment by the City in the amount of $177,000. The payment of $177,000.00 is the appraised value of the Easements as set forth in that certain appraisal dated March 11, 2013, prepared by Day Group, LLC. A copy of the appraisal is attached as Exhibit F. C. In addition to the Easement, the City has requested temporary use of the existing paved road on MAC property identified on Exhibit F hereto (hereinafter referred to as the "Road"). The Road will be utilized as a detour route while construction activities occur at the intersection of Beverly Drive and Eden Prairie Road. It is expected that the duration of the Road use will be a maximum of two months. Contemporaneous with payment for the Easements as set forth in B above, the City shall pay MAC the sum of $998.00 for the temporary use of the Road. The value of this additional temporary use was calculated in the same manner as the appraised Temporary Easement within the same future residential parcels as identified in Exhibit F. (The Road is 1,356 feet long x 24 feet wide. 8% of $2.30/sf x 1/6 of a year = $998.00.) The total cost for the Easements and Road is $177,000.00 + $998.00= $177,988.00. D. The Permanent Easements are subject to Federal Aviation Administration (FAA) approval for release of the property from aviation uses. The Permanent Easements shall be granted upon MAC receiving FAA approval to allow for grading and construction to begin as requested by the City. The City hereby agrees that if the FAA denies the land release for the Permanent Easements the utilities shall be abandoned, in place or removed, as required by the FAA and the property reestablished as it was prior to the Project. If the City is required to abandon the Permanent Easements, MAC will refund to the City all sums (without interest)paid to MAC to purchase the Permanent Easement. 5. USE. The City may use the Temporary Easements only for construction of the Project as set forth in the plans and specifications for the Project. The City may use the Permanent Easement only for the operation, maintenance, repair and replacement of the utilities, box culvert, street, and trail. 6. CONSTRUCTION. Notification shall be made to Joe Harris, the Airport Manager, at least 72 hours in advance of any contractor or subcontractor mobilizing equipment or beginning work. Airport operations will continue at all times during mobilization and construction. 7. MAINTENANCE. After construction of the Project the City shall restore the Easement to a condition reasonably similar to the condition in which it was prior to construction. All maintenance and repair of the utilities, box culvert, street and trails located within the Easements shall be done at no cost to the MAC which obligation shall survive the termination of this Agreement. The utilities, box culvert, street and trails within the Easement shall be kept in good repair. The City shall not suffer or permit any waste or nuisance on the Easement and shall permit no illegal acts or conduct thereon or such as will constitute a nuisance, provided however City has no responsibility for actions by MAC, its officer, employees, agents or invitees or third parties over which it has no control. 8. INSURANCE and INDEMNIFICATION. A. The City shall either (i) maintain insurance, a standard term policy or policies of insurance, in amounts as hereinafter set out against public liability and property damage, including advertising and products liability, or (ii) provide self-insurance of equivalent protection. Such policy or policies shall be in the amount of statutory limitation provided by Minn. Stat. Section 466.04 or as such statute may be amended or modified from time to time. The current limitations in Minn. Stat. Section 466.04 are five hundred thousand ($500,000) when the claim is one for death by wrongful act or omission and $500,000 to any claimant in any other case and one million five hundred thousand dollars ($1,500,000) for any number of claims arising out of a single occurrence and Such policy or policies shall provide for a minimum of ten (10) days written notice of cancellation. B. If the City allows other contractors, agents or vendors to utilize the area designated in this agreement, the City shall require the following insurance from each. The insurance required below does not limit the liability of contractors, agents or vendors of the City to MAC. a. Worker's Compensation to statutory limits. The policy or policies shall contain a waiver of subrogation against MAC by endorsement or terms and conditions of the policy or policies. b. Employer's Liability with limits of at least $100,000 each accident bodily injury by accident; $500,000 policy limit bodily injury by disease; and $100,000 each employee bodily injury by disease. c. Comprehensive General Liability on an occurrence basis, $1,000,000 each occurrence; $2,000,000 general aggregate; and $3,000,000 excess/umbrella liability each occurrence and aggregate. The policy or policies shall name MAC as an additional insured and be primary and non-contributory by endorsement or terms and conditions to the policy or policies. In lieu of MAC being named as an additional insured on the contractor's comprehensive general liability insurance, the insurance may provide liability coverage for the benefit of MAC by means of an Owner's Protective Liability Policy, issued in the name of MAC, subject to MAC's review and approval of such a Policy. d. Commercial Automobile Liability/Inland Marine, for owned and non-owned, hired, leased or rented vehicles or equipment with limits of at least$1,000,000 single limit. The policy of policies shall name MAC as an additional insured by endorsement or terms and conditions of the policy or policies. e. Property/Inland Marine on an all risk basis to the full replacement cost of the property/inland marine. The policy of policies shall contain a waiver of subrogation against MAC by endorsement or terms and conditions of the policy or policies. f. The City shall provide to MAC prior to and during use of the property by it contractors, agents or vendors a current certificate of insurance using the most current ACORD form evidencing the required insurance is in full force. The City shall provide MAC with written notice at least 10 days prior to cancellation, material change, or non-renewal of any insurance requirement hereunder. 9. ENVIRONMENTAL RESPONSIBILITIES. Subject to the limitation of liability set forth in Minn. Stat. Section 466.04, City shall be responsible for and shall indemnify, defend and hold harmless the MAC against any environmental liabilities, fines, damages, injuries, response costs or claims and attorney fees, and which arise out of or were caused by City's actions, inactions or activities related to the Premises during the term of this Agreement. The provisions of this Section shall survive the termination of this Agreement. 10. COMPLIANCE WITH LAWS. The City shall comply with all laws, ordinance, rules and regulations of the United States of America, the State of Minnesota, or of agencies, departments or divisions thereof and all written ordinances, rules and regulations of MAC relating to Project or relating to control of ground and air traffic, aircraft operations and the general use and operation of the Airport. City shall be responsible for the payment of any and all taxes, assessments, fees or other charges that may be legally levied, assessed or made during the term of this Agreement or any extension of the operation of the utilities installed in the Easement , provided however City is not responsible for any ad valorem taxes, assessments, fees or other charges that may be legally levied, assessed or made on MAC property including the Easement . 11. HEIGHT. The City expressly agrees for itself, its successors and assigns to restrict the height of structures, objects or natural growth, and other objects on the Easement to a height that will not constitute an obstruction as determined by the standards in Federal Aviation Regulation, Part 77. Further, the City agrees that no lights will be permitted (including automobile headlights) or installed on the Easement which will have a detrimental effect on control tower operations or otherwise affect nighttime flight operations. 12. FLIGHT OF AIRCRAFT. The City expressly agrees for itself, its successors and assigns to prevent any use of the Easement which interfere with or constitute a hazard to the flight of aircraft over the Easement or to and from the Airport or interfere with air navigation and communication facilities presently or in the future serving the Airport. 13. WITHOUT PREJUDICE. It is understood that grant of this Agreement and use of the Easement is conditioned upon and shall be without prejudice to the rights of the MAC as owner and operator of the aforesaid public Airport of which the subject Easement constitute a part to use said Easement for any purpose that does not interfere with the use of the Easement for their intended purposes. 14. MAC RIGHT OF ENTRY. MAC shall at all times and through its agents and employees or contractors have a right of entry upon the Easement lands under this Agreement, as may be necessary in the development, maintenance, operation of the Airport. Further, MAC reserves the right to install and maintain within the Easement such utility lines, conduits, pipes and facilities as may be necessary to the development of said Airport, provided MAC shall at its cost and expense, repair any damages and restore any portion of the Easement damaged by reason of such installation and maintenance. MAC shall register with Gopher State One Call as required by Minnesota law all such installations made by it within the Easement. However, if the City causes the need for such repair, construction, installation, or maintenance, MAC will not pay to repair/restore any part of the Easement. City, its agents, employees and contractors shall at all times have a right of ingress and egress across the MAC property to Easement , as may be necessary in the construction, maintenance, repair and operation of the Easement and the utilities, box culvert, street and trail within the Easement . MAC may designate from time to time such areas of its property for the exercise by the City of this right of ingress and egress. 15. NOTICES. All notices, or communications between MAC and City shall be in writing and delivered in person or by courier or mailed by certified mail, return receipt requested by United States mail, postage prepaid addressed as follows: MAC: Metropolitan Airports Commission Director of Airport Development 6040 28th Avenue South Minneapolis, MN 55450 CITY: City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Attention: Rod Rue Any notice shall be deemed to have been given (i) two business days after being deposited in the mail, whether or not the notice is accepted by the named recipient, or (ii) if delivered by any other means, the date such notice is actually received by the named recipient. Either party may change the party's address for notice by providing written notice to the other party. IN TESTIMONY WHEREOF, The parties hereto have caused this Agreement to be executed by their respective duly authorized officers as of the day and year first above written. (The remainder of this page is intentionally left blank.) METROPOLITAN AIRPORTS COMMISSION By: Executive Director/CEO Date: CITY OF EDEN PRAIRIE Date: By: Nancy Tyra-Lukens, Mayor Date: By: Rick Getschow, City Manager EXHIBIT A EASEMENT DEPICTIONS EXHIBIT B EASEMENT DESCRIPTIONS EXHIBIT C ASSESSMENT ROLL Ilxuun,WiM,N,a NunNe Ind xvfnn Nye wn rrn++pwn..er.-u.,.,pu..,.,...hy l•m,n,w za 1 NPI4Rla I[111u1 IAP11 143k ally 0 MM MP 117 +1 1 R11 1 N1pp9I alp u.1W 110u0hlfll'133121 114 3,51111111 I IllAi i sal ,'N•Ril 21222.2 Via+' IPIIPE UP .U4U4ii•u 3i. Ni =PF 1l. 10 t nW mn Iw1IN PPNue N MIS MTh waif U I INiurt IPilll +4r11 111I1 And1193f1111 Ilhwe,w'.[ NUN111t11Wn ma 1vsn.1m 1JN,11 n _ 9/ + plmu I rme 1 9x _ I px 1 • uaa 1•3r u I 1.e115n pe1111- End N•`N111Cn 1.1151I N 1 di I 91911 I 1'199 _ 5911 1111 142111 91914 ` 14FSN 111111.' 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M...all '4 M II 11Kl Iew1N....y.prtN4 e+n132.e15.19...3•911.5N AOtl%U 3,511 Ii'11mV a,....w;111.Ne1 I1_16pbrr 3...Ida r.q AUMP330.4033.rl•'/W1awlo.3.3.03.00.2I5401H N3Nn11 11999ll4Mll «wn 1[I1rm.NI.....44.NwlI11IN•...N..1wlln1rv.1.11.g1N.r nw va1I1..In 1y.N1.wa.111.10.11.S M1.Nr I.IC.N1...nIN W nu.wnly t .4 aYNVY/iNwr,.ra.hw•,p. 1....11^1wl^.ae34,r niftwn.I,wly.1l34l.•m..+I.• _.1.1...pnt 'Pea•+1l elm s.K.ly*Nle.n Pb '149I99E411199k19...w '"Nf9NI%Yyiw1M 11e, EXHIBIT D ASSESSMENT CALCULATION Percent of Revised Estimated Estimated Estimated Allocated Total Sum of 28D, Total Total Assessment to Parcel Assessment 29, 29A Assessment Assessment Each Parcel 28D $35,332.00 $731,714.00 0.0482866256 $794,888.24 $38,382.47 29 $448,936.00 $731,714.00 0.6135402629 $794,888.24 $487,695.94 29A $247,446.00 $731,714.00 0.3381731111 $794,888.24 $268,809.83 $794,888.24 EXHIBIT E EASEMENT DOCUMENTS PERMANENT EASEMENTS EXHIBIT A LEGAL DESCRIPTION [TO BE INSERTED] EXHIBIT B DEPICTION OF THE EASEMENT PARCEL [TO BE INSERTED] TEMPORARY CONSTRUCTION EASEMENT EXHIBIT A LEGAL DESCRIPTION [TO BE INSERTED] 1 EXHIBIT B DEPICTION OF THE EASEMENT PARCEL [TO BE INSERTED] - 1 - EXHIBIT F APPRAISAL - 2 - CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar March 4, 2014 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.K. Leslie Stovring IC# 04-5626 Approve Professional Engineering Services Agreement for 2014 Water Monitoring Program Requested Action Move to: Approve Professional Services Agreement with Blue Water Science for the 2014 water quality monitoring program in the amount of$45,180. Synopsis The proposal from Blue Water Science continues the City's ongoing monitoring program for water quality to help maintain water quality within our lakes. Ongoing monitoring is needed to evaluate water quality trends as many of our lakes are listed as impaired waters by the State of Minnesota for excess nutrients. The costs of lake improvement and monitoring projects are paid out of the stormwater utility. Background Information The budget for the water quality sampling program is established in the City's Local Water Management Plan. City staff met with the Nine Mile Creek (NMCWD) and Riley-Purgatory- Bluff Creek (RPBCWD) Watershed Districts to discuss projects proposed for 2014 in order to coordinate activities. The following actions are proposed: • Water quality sampling for Mitchell Lake and key stormwater ponds to provide information for the City's stormwater pond sampling program. This information will be used to develop baseline data for future water quality improvement projects. • Water quality sampling for Duck, Idlewild, Mitchell and Round Lakes. This will help monitor conditions for the lake for comparison with the water quality improvement projects that are currently ongoing within the watersheds. • Vegetation surveys for Purgatory Creek Park, Lake Idlewild and Round Lake. The work within Purgatory Creek Park will be coordinated with the University of Minnesota's carp management project. • Vegetation assessments for Red Rock and Mitchell Lakes to help coordinate harvesting activities with Midwest Weed Harvesting. RPBCWD will continue to work with the city to help pay for these services in 2014. • Provide an Aquatic Invasive Species (AIS) workshop in conjunction with the City of Minnetonka and the Riley-Purgatory-Bluff and Nine Mile Creek Watershed Districts • Meet with the Conservation Commission to provide results and discuss future actions that could be taken to address AIS. The Consultant is proposing to have Draft reports completed by March 1, 2015 for presentation at a Conservation Commission meeting in the spring. The estimated cost for 2014 is $45,180 and will be paid from the storm water utility fund. Attachments • Attachment 1 —Agreement for 2014 Water Monitoring Program • Attachment 2—Proposal for 2014 Water Monitoring Program Standard Agreement for Professional Services This Agreement ("Agreement") is made on the 1 day of April , 20 13 , between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Blue Water Science, a Minnesota company (hereinafter "Consultant") whose business address is 550 South Snelling Avenue, St. Paul, MN 55116. 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 2014 Sampling Program hereinafter referred to as the "Work". The City and Consultant agree as follows: 1. Scope of Work. The Consultant agrees to provide the professional services shown in Exhibit A ( 2014 Sampling Program ) in connection with the Work. The terms of this Agreement shall take precedence over any provisions of the Consultants proposal and/or general conditions. 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 April 1 through December 31, 2014 the date of signature by the parties notwithstanding. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated. 3. Compensation for Services. City agrees to pay the Consultant on an hourly basis plus expenses in a total amount not to exceed $ 45,180 for the services as described in Exhibit A. A. Any changes in the scope of the work which may result in an increase to the compensation due the Consultant shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. B. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City. C. If Consultant is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. 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. 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 _Steve McComas_ to serve on the Project. They shall be assisted by other staff members as necessary to Standard Agreement for Professional Services 2013.12 Page 2 of 8 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. This Agreement is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Consultant in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the Data Practice Act and Consultant shall comply with those requirements as if it were a government entity. All subcontracts entered into by Consultant in relation to this Agreement shall contain similar Data Practices Act compliance language. 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. 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. Standard Agreement for Professional Services 2013.12 Page 3 of 8 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 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). Standard Agreement for Professional Services 2013.12 Page 4 of 8 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: 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 Standard Agreement for Professional Services 2013.12 Page 5 of 8 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 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. Standard Agreement for Professional Services 2013.12 Page 6 of 8 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 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. Standard Agreement for Professional Services 2013.12 Page 7 of 8 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. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager FIRM NAME: Blue Water Science By: tkiAf 6104 . Its: Owner Standard Agreement for Professional Services 2013.12 Page 8 of 8 Snelling Ave . 550 SouthS e g 651.690.9602 St. Paul, MN 55116 Y TAR mccomas@pclink.com PROPOSAL To: Leslie A. Stovring,Environmental Coordinator From: Steve McComas,Blue Water Science Date: February 20, 2014 Re: 2014 Water Quality Sampling Program Proposal for Eden Prairie This is a proposal to provide sampling services for Eden Prairie's lakes and ponds to establish baseline water quality data for projects and TMDL analyses that may be required in the future. All data collected will be entered into the Minnesota Pollution Control Agency's water quality database,which is currently the STORET system. The sampling program includes the components outlined below. TASK 1—LAKE WATER QUALITY SAMPLING The following samples be collected every other week from May through October for the following lakes. The quote includes a price per lake for water quality sampling and analysis. 1. DUCK/IDLEWILD/MITCHELL/ROUND Parameters to be analyzed in the field: • Secchi disc • Temperature • Dissolved oxygen • Conductivity • pH Parameters to analyzed by a laboratory: • Total phosphorus (top and bottom) • Orthophosphate • Chlorophyll a • Ammonium • Nitrate/nitrite • Total Kjeldahl nitrogen • Total Alkalinity • Total Suspended Solids • Chloride -1- TASK 2—POND WATER QUALITY SAMPLING For three ponds, samples be collected every other week from May through October. The quote includes a price per sampling event for water quality sampling and analysis. • Pond 22-13-B (Staring Lake Watershed) at the inlet(north end) and outlet(southeast corner) • Pond 08-23-A(Round Lake Park northwest) Each pond will be sampled for the following parameters: • Secchi disc • Temperature • Dissolved oxygen • Conductivity • pH • Chlorophyll a • Chloride • Total phosphorus TASK 3—VEGETATION SAMPLING We will conduct point-intercept vegetation surveys(early and late season)to measure the current extent of vegetation for the following: • Purgatory Creek Park marsh (early and late season) • Lake Idlewild(early and late season) • Round Lake (early and late season) Red Rock Delineation and Assessment: We will conduct an aquatic plant delineation and coordinate with the Watershed District and Midwest Weed Harvesting to determine the best time and locations to harvest. Then we will conduct an aquatic plant assessment to evaluate the aquatic plant control results. Mitchell Delineation and Assessment: We will conduct an aquatic plant delineation and coordinate with the Watershed District and Midwest Weed Harvesting to determine the best time and locations to harvest. Then we will conduct an aquatic plant assessment to evaluate the aquatic plant control results. TASK 4—ALUM TREATMENT ASSESSMENT-ROUND LAKE For Round Lake, follow-up sediment sampling will be conducted to evaluate the sediment phosphorus release and the effectiveness of the 2012 alum treatment. TASK 5—AQUATIC INVASIVE SPECIES ASSESSMENT-DUCK LAKE We will conduct an aquatic invasive species (AIS) assessment for Duck Lake. The AIS Assessment will include review of habitat suitability for AIS (such as curlyleaf pondweed,Eurasian watermilfoil,zebra mussels, quagga mussels, and rusty crayfish) and nutrient release potential. The assessment will include review of existing data, collection of bottom substrate samples for analysis (a minimum of phosphorus, iron, sulfate,pH, organic matter, and bulk density)and sediment characterization. TASK 6—COMMUNITY OUTREACH The City would like to provide the following opportunities for the public: • One AIS workshop at the City of Minnetonka Community Center(tentatively scheduled for May 8, 2014). • One meeting with the Conservation Commission to discuss the sampling results and plans for future sampling. -2- TASK 7-REPORT REQUIREMENTS Once the analysis is completed a final report will be prepared which summarizes the results for each individual water body sampled. The report must include the following information: • Analysis of existing conditions • Recommendations for future actions A Draft report will be submitted for each individual lake or lake watershed that sampling or monitoring is conducted on for review and approval prior to finalization of the report. The Drafts will be submitted by November 1, 2014. The Consultant should anticipate one meeting with City Staff to present the results of the project. One(1) original,stapled copies and one(1)PDF copy of each Final Report must be submitted by December 31,2014. -3- Costs for 2014: Lake and Pond Water Sampling and Projects 2/Month 2/Month Costs Total May-Oct May-Oct Costs Secchi,Temp, Diss Secchi disc, oxygen,Conductivity, Temperature, pH,TP,OP,Chl, Dissolved oxygen, Labor For Lab Report NH3,NO3 NO2,TKN, Conductivity,pH,Chi, Sampling Costs Costs Total Alkalinity,TSS, Chloride,TP Chloride TASK 1. LAKE WATER QUALITY SAMPLING Duck 12 sampling trips -- $1,100 12 x$200 $600 $4,100 _$2,400 Idlewild 12 sampling trips -- $1,100 12 x$200 $600 $4,100 _$2,400 Mitchell 12 sampling trips -- $1,100 12 x$200 $600 $4,100 _$2,400 Round 12 sampling trips -- $1,100 12 x$200 $600 $4,100 _$2,400 Subtotal -- $4,400 $9,600 $2,400 $16,400 TASK 2. POND WATER QUALITY SAMPLING Pond 22-13-B-inlet 12 x$75 (Staring Lake watershed) -- 12 sampling trips $1,100 =$900 $600 $2,600 Pond 22-13-B-outlet -- 12 sampling trips $1,100 12 x$75 $600 $2,600 _$900 Pond 08-13-A 12 x$75 (Round Lake Park northeast) -- 12 sampling trips $1,100 =$900 $600 $2,600 Subtotal $7,800 Lake Sediment Lake Sediment Point Intercept Costs Total Collection and Samples to be Plant Surveys Costs Sediment Collected(16 (frequency) Characterization for parameters will be Total Lab Report Non-Native analyzed for each Labor For Costs Costs Colonization sample) Surveys TASK 3. VEGETATION SAMPLING(all surveys will be point-intercept surveys) Purgatory Creek Park Marsh(98 ac) (including 85 ac wetland and 13 ac -- -- 2 surveys $3,200 $0 $700 $3,900 stormwater basin) Idlewild Lake(16 ac) -- -- 2 surveys $2,000 $0 $700 $2,700 Round Lake(33 ac) -- -- 2 surveys $2,200 $0 $700 $2,900 Subtotal $9,500 Aquatic Plant Delineations Mitchell Lake(112 ac) -- -- 2 evaluations $1,800 $0 $600 $2,400 Red Rock Lake(91 ac) -- -- 2 evaluations $1,800 $0 $600 $2,400 Subtotal $4,800 TASK 4. ALUM TREATMENT ASSESSMENT Round Lake(33 ac) 6 hours 8 -- $600 $720 $1,300 $2,620 Subtotal $2,620 TASK 5. AQUATIC INVASIVE SPECIES ASSESSMENT-DUCK LAKE Duck Lake 6 hours 12 -- $600 $960 $1,300 $2,860 Subtotal $2,860 TASK 6. COMMUNITY OUTREACH AIS workshop (May 8,2013) $600 Meeting with the Conservation $300 Commission Subtotal $900 TASK 7. REPORT REQUIREMENTS Report preparation -- -- -- -- -- -- included One meeting -- -- -- -- -- -- $300 Subtotal $300 -4- Summary of Proposed Costs for 2013 for Blue Water Science Total Proposed Costs Task 1: Lake Water Quality Sampling $16,400 Task 2: Pond Water Quality Sampling $7,800 Task 3: Vegetation Sampling $9,500 Aquatic Plant Delineations $4,800 Task 4: Alum Treatment Assessment $2,620 Task 5. Aquatic Invasive Species Assessment $2,860 Task 6: Community Outreach $900 Task 7: Report Requirements $300 Total $45,180 -5- CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda March 4, 2014 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.L. Rick Wahlen Award Contract for Engineering & Public Works/UtilitiesInspection Services for the Baker Road Water Reservoir Recoating Project Requested Action Move to: Award Contract to Kollmer Consulting, Inc. for Preparing Plans and Specifications, Project Administration, Engineering, and Inspection Services for the Sandblasting and Recoating of the Baker Road Water Storage Reservoir. Synopsis Eden Prairie Utilities received proposals from Dixon Engineering ($81,620), KLM Engineering ($61,025), Badger State Inspections ($52,645), and Kollmer Consulting, Inc. ($43,900) for consulting services for this project. The evaluation of the firms' performance for this project was based on statements of qualifications, reviews of similarly sized jobs performed by the consultants, interviews with prior customers, and past experience working with the City of Eden Prairie and other cities. Following and extensive review of each firm's qualifications, staff recommends accepting the least-cost proposal. The attached professional services agreement provides for design, bidding, construction, inspection, and post construction engineering services for the project at a cost not to exceed $43,900. All consultant costs related to cellular phone antenna systems on the tank will be passed along to the cellular phone tenants (estimates vary from $6,570 to $14,000). Background Information Eden Prairie's Baker Road Water Storage Reservoir was constructed in 1973 and was last repainted in two separate years— 1993 (outside) and 1997 (inside). After 21 years of use, the tank is due for sandblasting and painting which protects the steel and extends the life of the tank. Such a project is estimated to cost over 1 million dollars and is best planned and managed by a consulting firm specializing in water supply tank restoration. This project was identified in the utility's capital improvement plan/budget and will be paid from the Water Utility Fund. Attachment Agreement Standard Agreement for Professional Services This Agreement ("Agreement") is made on the 4th day of March , 20 14 , between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Kollmer Consultants, Inc., a Minnesota Corporation (hereinafter "Consultant") whose business address is 7494 253'1 Avenue NE, Stacy, Minnesota 55079 . Preliminary Statement The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of professional services by Consultant for Engineering and Inspection Services for the Recoating of the Baker Road Water Storage Reservoir and Repair of the Concrete Foundation 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 (City of Eden Prairie RFP) and Exhibit B ( Kollmer Consultants, Inc. Proposal ) in connection with the Work. The terms of this Agreement shall take precedence over any provisions of the Consultants proposal 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 March 4, 2014 through _ March 4, 2016 the date of signature by the parties notwithstanding. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated. 3. Compensation for Services. City agrees to pay the Consultant on an hourly basis plus expenses in a total amount not to exceed $ 43,900 for the services as described in Exhibit A. A. Any changes in the scope of the work which may result in an increase to the compensation due the Consultant shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. B. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City. C. If Consultant is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. 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. 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. Standard Agreement for Professional Services 2014.01 Page 2 of 8 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 Robert Kollmer 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. This Agreement is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Consultant in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the Data Practice Act and Consultant shall comply with those requirements as if it were a government entity. All subcontracts entered into by Consultant in relation to this Agreement shall contain similar Data Practices Act compliance language. 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 2014.01 Page 3 of 8 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. b. Consultant shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker's Compensation Statutory Limits Employer's Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General Liability $1,500,000 property damage and bodily injury per occurrence $2,000,000 general aggregate $2,000,000 Products — Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Standard Agreement for Professional Services 2014.01 Page 4 of 8 Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. d. Professional Liability Insurance. In addition to the coverages listed above, Consultant shall maintain a professional liability insurance policy in the amount of $2,000,000. Said policy need not name the City as an additional insured. It shall be Consultant's responsibility to pay any retention or deductible for the professional liability insurance. Consultant agrees to maintain the professional liability insurance for a minimum of two (2) years following termination of this Agreement. e. Consultant shall maintain "stop gap" coverage if Consultant obtains Workers' Compensation coverage from any state fund if Employer's liability coverage is not available. f. All policies, except the Worker's Compensation Policy, shall name the "City of Eden Prairie" as an additional insured on ISO forms CG 20 10 07 04 or CG 20 10 04 13; and CG 20 37 07 04 or CG 20 37 04 13, or their equivalent. g. All policies shall apply on a "per project" basis. h. All polices shall contain a waiver of subrogation in favor of the City. i. All policies shall be primary and non-contributory. j. All polices, except the Worker's Compensation Policy, shall insure the defense and indemnity obligations assumed by Consultant under this Agreement. k. Consultant agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City's written acceptance of the Work. I. It shall be Consultant's responsibility to pay any retention or deductible for the coveraeges required herein. m. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days' prior notice to the City, except that if the cancellation or non- renewal is due to non-payment, the coverages may not be terminated or non- renewed without ten (10) days' prior notice to the City. Standard Agreement for Professional Services 2014.01 Page 5 of 8 n. Consultant shall maintain in effect all insurance coverages required under this Paragraph at Consultant's sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. o. A copy of the Consultant's Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Consultant's Work. Upon request a copy of the Consultant's insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Consultant has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Consultant of any deficiencies in such documents and receipt thereof shall not relieve Consultant from, nor be deemed a waiver of, City's right to enforce the terms of Consultant's obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. p. Effect of Consultant's Failure to Provide Insurance. If Consultant fails to provide the specified insurance, then Consultant will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that this indemnity shall be construed and applied in favor of indemnification. Consultant also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Consultant to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Consultant's insurance company. Consultant will take the action required by the City within fifteen (15) days of receiving notice from the City. 13. Indemnification. Consultant will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney's fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Standard Agreement for Professional Services 2014.01 Page 6 of 8 Consultant, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Consultant, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Consultant harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 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 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. Standard Agreement for Professional Services 2014.01 Page 7 of 8 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. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager FIRM NAME By: Its: Standard Agreement for Professional Services 2014.01 Page 8 of 8 91/ S PROPOSAL FOR ENGINEERING SERVICES • BAKER ROAD 2.0 MMG GROUND STORAGE WATER RESERVOIR RECONDITIONING PROJECT S 0 S Presented to CITY OF EDEN PRAIRIE 14100 TECHNOLOGY DRIVE ® EDEN PRAIRIE, MN 55344 9 By KOLLMER CONSULTANTS, INC. ® 7494 253rd Avenue NE Stacy, Minnesota 55079 111 February 7, 2014 I 4110 0 INTRODUCTION 410 Kollmer Consultants, Inc. (KCI) is pleased to present this proposal for the engineering • and inspection services related to the Baker Road Ground Storage Water Reservoir Project. As requested in the Request for Proposal, KCI is providing not-to-exceed 40 pricing for the design, bidding, project management and field inspection services of the project, along with a fee schedule. Our proposal is discussed in detail in each of the following sections: 101 KCI is excited about this project and looks forward to the opportunity to work with the City of Eden Prairie, Minnesota. 40 A. KOLLMER CONSULTANTS, INC. 7494 253RD AVENUE NE 40 STACY, MINNESOTA 55079 (651) 462-7266 B. Contact Person: Robert E. Kollmer, President KOLLMER CONSULTANTS, INC. (KCI) 7494 253rd Ave. NE Stacy, MN 55079 Office Phone: 651/462-7266 Cellular Phone: 612/810-9675 Facsimile: 651/462-3249 Email: rkollmerP,aoLcom C. Authorized Legal Representative: • Robert E. Kollmer, President KOLLMER CONSULTANTS, INC. (KCI) 7494 253rd Ave. NE Stacy, MN 55079 Office Phone: 651/462-7266 Cellular Phone: 612/810-9675 Facsimile: 651/462-3249 01/ Email: rkollmer@aol.com 0 0 I 4 KCI QUALIFICATIONS Kollmer Consultants, Inc. (KCI) began operations in April 2002. Robert E. Kollmer, President, was an employee of AEC Engineering, Inc in Minneapolis, MN for more than 17 years. During the last 7 years he was the Supervisor/Manager of the Coatings 00 Group. His department's specialties were the inspection of existing structural and coating systems, the design, fabrication (erection) inspection, shop and field coating inspections of potable water storage tanks and other related structures. Kollmer Consultants: Is an engineering, coating's and inspection firm specializing in: ® The inspection and evaluation of protective coatings. ® The inspection and evaluation of elevated water storage tanks, steel and concrete ground storage reservoirs and other related structures. 0 Preparation of project specifications for tank rehabilitation, lead-based abatement and disposal. ® Resident welding inspection during reconditioning or new construction. ® Resident coating inspections during rehabilitation or new construction. ® Coating failure analysis. ® Expert witness testimony. KCI Inspectors: Are NACE International Trained/Certified protective coatings inspectors. ® Are American Welding Society (AWS) Associate/Certified welding inspectors. ® Are experienced journeyman painters, climbers and riggers with proven abilities to perform proper hands on inspection and testing. Are experienced in project management and enforcement of project specifications for quality control and lead-based paint abatement. 0 1 41111 110 SCOPE OF WORK The following is a summary of the Scope of Work. SECTION I — PREDESIGN & PROJECT COORDINATION 410 Kollmer Consultants, Inc. (KCI) will review and confirm the results of the KLM 10 Engineering inspection report. We will also update any Engineering Estimates based upon recent Contractor biddings and present them to the City for their review. Project Startup Meeting The project kick off meeting shall be attended by the Kollmer Consultants, Inc., project manager and any other appropriate staff member. Coordination and project management details, schedule and means of communication will be reviewed along with a listing of data and documents needed. SECTION II - DESIGN & BIDDING PHASE Upon receipt of written authorization from the City of Eden Prairie, Kollmer Consultants, Inc. shall proceed with the Design Phase and preparation of final construction drawings, 0 specifications, and computations. This phase shall include preparation of complete contract documents, drawings, and specifications to permit construction of the Project. 0 The City shall be kept informed of any proposed changes to the Work on the project and O their possible effect on construction costs and schedules. O Kollmer Consultants, Inc. shall submit a set of bidding specifications to the Minnesota Department of Health for their approval. 0 KCI shall deliver to the City, two (2) sets of completed plans and specifications. 0 KCI shall advertise and distribute bid documents to perspective bidders. KCI's Project Manager shall conduct an "on-site" pre-bid meeting and prepare and distribute meeting minutes to all that attend. KCI's Project Manager shall attend the bid opening, evaluate bids and bidder's qualifications and prepare a formal recommendation for award. IP 9111 91) 4111 Specifications KCI's Engineer will design a comprehensive specification package that is specifically designed for your water storage tank-reconditioning project. The more comprehensive the specification is, the more likely it is that a project is completed on-time, on-budget with quality workmanship. Today's protective coating systems are designed to last 20 to 23 years with regular maintenance. Tight project specifications and careful adherence to them give the coating systems the opportunity to realize their intended service life. To initiate the project correctly, the Engineer shall ensure that bids are advertised correctly, bidders are qualified, proposals are evaluated, and a cost effective, qualified 0 contractor is recommended. 10 Issue the specifications to prospective bidders. 0 The Project Specifications for the reconditioning would include: 41/ Section 1 Advertisements for Bids This section provides a concise project description and meets the requirements for legal advertisements. Section 2 Proposal This section contains the bid proposal, legal requirements, and the bidder and subcontractor qualification forms. Section 3 Instructions to Bidders This section provides precise instructions to bidders including the scope of work, pre-bid meeting, insurance, payments, time of completion, bidder qualifications, taxes and permits, legal requirements, performance bond and other important project information. 4110 Section 4 Project Requirements This section provides the project description, intent, project schedule, execution of contract documents, notice to proceed, project meetings, working hours, quality assurance, liquidated damages, application for payment, retainage, substantial completion, project close-out and finial payment application, work to be done by owner, contractor's use of premises, rejected work and materials, and guarantee. 0 Q 1,0 Section 5 Technical Specification This section details the technical particulars of the project: workmanship, structural modification, surface repairs, surface preparation, material selection, coating application, health and safety requirements, unfavorable weather conditions, clean up and sterilization, repair work, containment plan and environmental regulations, superintendent, inspection of work, disposal and required TCLP testing, ventilation and safety requirements, and other procedures that must be adhered to in order to maximize project quality. Because of existingenvironmental regulations and g public concerns, especially for lead and chromium in coatings, the laboratory test results for the existing paints are incorporated into the specifications. The specific laboratory results from the inspection report will be included in the tank reconditioning specifications. Inclusion of the laboratory analysis often serves to satisfy questions and concerns when they are raised from any source. Section 6 Supplemental Conditions This section amends or supplements the General Conditions and other provisions of the Contract Document as required by the owner or project conditions. Section 7 General Conditions This section is commonly referred to as boiler plate. Actually, there are several valuable provisions that can be added here such as authority of the engineer/inspector and final inspection procedures. Section 8 Inspection Report This enclosure gives the prospective bidders a clear idea of the condition of the tank and the scope of work involved. f,. Section 9 Specification Drawings The drawings include information on existing conditions as well as any required repairs or modifications. Section 10 Surface Preparation Requirements This section references industry-accepted standards such as NACE International, SSPC or American Concrete Institute (ACI) for surface preparation requirements. Section 11 Existing Paint Test Results This section contains the laboratory test results from paint chip testing for lead, chromium or other heavy metals in conformance with State regulations. 4 a r3+ 0 411 SECTION III — ANTENNA MANAGEMENT SERVICES a. Review of Lease Agreements b. Preliminary installation review from existing drawings c. Site assessment and survey d. Necessary project meetings e. Engineering review of proposed modifications f. Field and shop inspection services )including inspection during re- installation) g. Project management SECTION IV — CONSTRUCTION PHASE The work performed in this section will include the following: Administrative P Review, correct and approve contractor submitted construction progress schedule, drawings, change orders and pay requests. ® Issue contract document clarifications as required, negotiate change orders, contractor disputes including all time necessary to advocate City's position regarding such disputes. ® Process contract change order requests and make written recommendations to the City. ® Conduct a pre-construction meeting with the client and contractor to clearly define the engineer's role and objectives to discuss the intent of the specifications, the project schedule, and concerns of the City and other project related matters ® Process progress pay requests and make written recommendations to the CITY. ® Prepare record drawings. ® Develop and negotiate construction schedule with the contractor. ® Monitor contractor's progress for conformance with construction schedule. ® Hold and report on weekly job site progress meetings. ® Monitor waste generated at the job site. e ® Review contractor submitted waste disposal plan, TCLP test results and report findings. ® Prepare and execute punch list and project acceptance certificate. Negotiate any disputes with contractor regarding punch list items and project acceptance certificate. e ® Notify the contractor and owner of liquidated damages, if any. S 4 01/ 4 • Resolve/negotiate liquidated damages. 10 • Request and negotiate final pay request at project close-out. • Process documents for warranty start date to the City, contractor and surety. 4 Field Inspection Inspect reconditioning work to include: • Serve as the City's:liaison with the Contractor. • Monitor environmental/weather conditions. 9 • Monitor conformance to environmental regulations. • Examine blasting media and blasting equipment to prevent contamination of tank components with moisture and oil. • Monitor the surface preparation and coating application for conformance with the manufacturer's requirements, good workmanship practices and the project specifications. • Retain coating, surface preparation and abrasive samples. • Monitor mixing and thinning of the coating systems for compliance with the specifications and the manufacture's recommendations. • Communicate continually with the contractor and client. • Prepare a punch list of outstanding items and conduct final inspection. 0 Reports 0 • Submit daily and weekly inspection reports. • Gather and assemble guarantees, certificates, manuals and other required data by the contractors and deliver these to the City. 0 Final Inspection • Conduct, with the City, a final inspection of the project for conformance and compliance with the Contract Documents. • • SECTION V— TOW (2) YEAR WARRANTY INSPECTION Conduct with the City of Eden Prairie, a two (2) year warranty inspection (float-down inspection) of the project for conformance and compliance with the Contract Documents. p I 10 PROPOSED PROJECT SCHEDULE The proposed project schedule is shown below. The promptness of the schedule leading up to the Construction phase is dependent upon the efforts of both KCI and City of Eden Prairie. KCI will manage its workload to ensure compliance with the schedule. We will also maintain regular communications with City to underscore the importance of promptness in City's required activities. In addition, we will also notify the City of any possible schedule slippages and recommend corrective actions while they can still achieve the intended result. Proposed Project Schedule Section - I Predesign & Project kick-off meeting February, 2014 Section - II Prepare specifications Feb - Mar 2014 Deliver Final specifications March 2014 Conduct "on-site" pre-bid meeting March 2014 Attend bid opening (Optional) March 2014 Submit recommendations for award March 2014 Section - III Antenna Management Services March — October 2014 Section - IV Review contractor drawings April 2014 Begin Construction April 2014 Complete Construction — Phase I May, 23, 2014 Complete Construction — Phase II October 17, 2014 Section - V Two (2) year Warranty Inspection Spring 2016 r 1 ryfl 1 1 PROPOSED PROJECT MEETINGS KCI proposes the following meetings for this project: 10 1. Project Kick-off meeting to discuss the City's requirements. 2. Additional meetings as required: with Public Information and City Council 10 3. Conduct a pre-bid meeting with the City and bidding contractors to clearly define the engineer's role and objectives to discuss the intent of the specifications, the project schedule, and concerns of the City and other project related matters. 4. Attend the Bid Opening. Optional 5. Conduct a pre-construction meeting with the City and Contractor. 4 6. Conduct weekly progress meetings with the City and the Contractor 40 7. Conduct a project close-out meeting with the City and the Contractor. 0 0 0 0 0 • go a a • • 111 111 • r 14, IDENTIFICATION AND DESCRIPTION OF ALL PROJECT DELIVERABLES • 1. Preliminary Specification for City's review and approval. 2. Approved Bidding Documents (Specification) submitted the Minnesota Health Department. it 3. Approved Bidding Documents (Specification) two (2) sets to the City. Pit4. All or any addendums to the Specification. 5. Pre-bid meeting minutes. 6. Recommendation of the lowest qualified priced Contractor. 7. Contractor's approved project submittal drawings. 41) 8. Preconstruction meeting minutes. 4110 9. Copies of the daily inspection reports on a weekly basis. 40) 10. Project punch list and project closure. ., 11. Project completion certificate. 411) 12. Two complete sets of the Contractors "As Built Drawings". 40) ENGINEER'S CRITERIA FOR SUCCESSFUL PROJECT COMPLETION KCI has reviewed the supplied Inspection Report conducted by KLM Engineering, Inc. Specifications KCI will prepare a comprehensive specification package that is specifically designed for your water storage tank reconditioning project. The more comprehensive the specification is, the more likely it is that a project is completed on-time, on-budget with quality workmanship. Today's protective coating systems are designed to last 22 to 25 years with regular maintenance. Tight project specifications and careful adherence to them give the coating systems the opportunity to realize their intended service life. To initiate the project correctly, KCI will ensure that bids are advertised correctly,. bidders are qualified, proposals are evaluated, and a cost effective, qualified contractor is recommended. KCI's project manager will do the following: Project Administrative ® Review, correct and approve contractor submitted construction progress schedule, drawings, change orders and pay requests. ® Issue contract document clarifications as required, negotiate change orders, contractor disputes including all time necessary to advocate City's position regarding such disputes. ® Process contract change order requests and make written recommendations to the City. ® Conduct a pre-construction meeting with the client and contractor to clearly define the engineer's role and objectives to discuss the intent of the specifications, the project schedule, and concerns of the City and other project related matters. ® Process progress pay requests and make written recommendations to the City. ® Prepare record drawings. ® Develop and negotiate construction schedule with the contractor. ® Monitor contractor's progress for conformance with construction schedule. • Notify the contractor and owner of liquidated damages, if any. ® Resolve/negotiate liquidated damages. ® Negotiate any disputes with contractor regarding punch list items and project i acceptance certificate. ® Request and negotiate final pay project request at close-out. lib q ® Process documents for warranty start date to the City, contractor and surety. It lb Field Inspection Inspect reconditioning work to include: 14, • Serve as the City's liaison with the Contractor. 11* • Monitor environmental/weather conditions. • Monitor conformance to environmental regulations. qk • Examine blasting media and blasting equipment to prevent contamination of tank components with moisture and oil. K t • Monitor the surface preparation and coating application for conformance with the 41, manufacturer's requirements, good workmanship practices and the project specifications. • • Retain coating, surface preparation and abrasive samples. • Monitor mixing and thinning of the coating systems for compliance with the specifications and the manufacture's recommendations. • Communicate continually with the contractor and client. 10, • Hold and report on weekly job site progress meetings. • Monitor waste generated at the job site. • Review contractor submitted waste disposal plan, TCLP test results and report findings. • Prepare a punch list of outstanding items and conduct final inspection. Project Close-out Submit to the City all "As built drawing", product data sheets and final letter for warranty start date. tit • • • , I REFERENCES The following are short descriptions of some of the recent tank projects KCI has completed or are in the process of reconditioning. 41 CITY OF WOODBURY, MINNESOTA 1.0 MMG Steel Standpipe — 2011 & 2013 Woodlane Tower Scope of Work: 41 KCI was awarded the contract to provide float-down inspection, engineering specifications, project management and field inspection services for this project. The interior wet, exterior will be completely abrasive blasted, repaired and recoated. This is 41) a full containment reconditioning project because of the tower's location. The tower is 41 schedule to be completed in the Spring of 2012. 41 Contact Person: Mr. Dan Hansen, (651) 714-3726 CITY OF MAPLE PLAIN, MINNESOTA 400 MG Single Pedestal — 2011 & 2012 Scope of Work: KCI was awarded the contract to provide float-down inspection, engineering specifications, project management and field inspection services for this project. The interior wet, exterior will be completely abrasive blasted, the interior dry will be spot repaired and recoated. This is a full containment reconditioning project because of the tower's location and is scheduled to be completed this year. Contact Person: Mr. Jason Ziemer, (763) 479-0515. CITY OF CEDAR RAPIDS, IOWA 4.0 MMG Steel Ground Storage Reservoir— 2011 & 2012 41 Scope of Work: KCI was awarded the contract to provide dry tank inspection, engineering specifications, project management and field inspection services for this project. The interior wet will be spot repaired, the exterior will be completely abrasive blasted, and recoated. This is a full containment reconditioning project because of the tower's location. The construction is scheduled for 7 weeks; this tower recondition is in progress to start in 11 May of 2012. Contact Person: Mr. Andrew Lundy, P.E., (319) 286-591368. CITY OF NEW BRIGHTON Two (2) Elevated Water Towers — 2012 & 2013 Scope of Work: KCI was awarded the contractor to provide float-down inspections and field inspection services for this project. KCI has also partnered with Bolton-Menk to write reconditioning specifications and to provide field inspection services. Contact Person: Mr. Dave Olson, (651) 638-2113 1 w 910 CITY OF EDINA, MINNESOTA PAP 1.0 MMG Single Pedestal — 2010 & 2011 10 Scope of Work: KCI was awarded the contract to provide float-down inspection, engineering 10 specifications, project management and field inspection services for this project. The 10 interior wet, exterior will be completely abrasive blasted, the interior dry will be spot repaired and recoated. This is a full containment reconditioning project because of the tower's location. Contact Person: Mr. Roger Glanzer, (952) 862-0311. CITY OF CEDAR RAPIDS, IOWA 2.0 MMG Hydropillar 2009 & 2010 '0 Scope of Work: KCI was awarded the contract to provide float-down inspection, engineering specifications, project management and field inspection services for this project. The 0 interior wet, exterior will be completely abrasive blasted, the interior dry will be spot repaired and recoated. This is a full containment reconditioning project because of the tower's location. The construction is scheduled for 14 weeks; this tower recondition is in progress to start in April and is scheduled to be completed this year. 41 Contact Person: Mr. Andrew Lundy, P.E., (319) 286-591368. 40 CITY OF RAMSEY, MINNESOTA 40 2.0 MMG Hydropillar— 2009 & 2010 40 Scope of Work: 140 KCI was has partnered with Progressive Consulting Engineers, Inc. to provide the shop 40 fabrication and coatings, field erection and field coatings inspection services on a new • 2,000,000 gallon Hydropillar style tank for the City. 0 Contact Person: Mr. Brian Zinnel, (763) 560-9133 40 CITY OF FRIDLEY, MINNESOTA 500 MG Elevated Water tower— 2009 0 Tower No. 1 Scope of Work: O KCI was awarded the contractor to provide float-down inspection and field inspection services for this project. The interior wet, exterior was completely abrasive blasted, and recoated. This was a full containment reconditioning project because of the tower's location. Contact Person: Mr. Mark Rolfs, P.E., (651) 636-4600 0 p 11. ENO CITY OF WOODBURY, MINNESOTA 911) 500 MG Single Pedestal Spheroid — 2009 Woodlane Tower 40 Scope of Work: KCI was awarded the contractor to provide float-down inspection and field inspection services for this project. The interior wet, exterior was completely abrasive blasted, and recoated. This was a full containment reconditioning project because of the tower's location. Contact Person: Mr. Dan Hansen, (651) 714-3726 40 CITY OF NEW BRIGHTON 1.0 MMG Hydropillar-2009 10) Scope of Work: 40 KCI was awarded the contractor to provide float-down inspection and field inspection • services for this project. KCI also partnered with Bolton-Menk to write reconditioning 410 specifications and to provide field inspection services, Contact Person: Mr. Dave Olson, (651) 638-2113 0 40 CITY OF CEDAR RAPIDS, IOWA 3.0 MMG Hydropillar - 2008 40 Scope of Work: KCI was awarded the contractor to provide engineering specifications, project management and field inspection services for this project. The interior wet, exterior was completely abrasive blasted, the interior dry will be spot repaired and recoated. This was a full containment reconditioning project because of the tower's location. The construction schedule was for 19 weeks, the tower was completed on time and under budget. Contact Person: Mr. Bruce A. Jacobs, P.E., (319) 286-5913. 010 • .. IIII J r ;1 ' ' ' i ei 7494 253'd Avenue NE, Engineering, Coatings & Inspection Services Stacy, MN 55079 Itil Phone:(651)462-7266 1411 Fax: (651)462-3249 PROJECT EXPERIENCE The following is a partial listing of municipal, governmental, commercial and consulting engineering clients. Work performed for our clients is usually confidential. Upon request, we can provide specific references that can attest to the usefulness and economic benefit of KCI work. City of Albert Lea, Minnesota Joint Powers Utilities, St. Michael, 3M Company, St. Paul, Minnesota Minnesota City of Brooklyn Park, MN City of Maple Plain, Minnesota 10 City of Cedar Rapids, Iowa Monroe County Water Authority, Rochester, } Centennial,Contractors, Whiteman AFB, New York Missouri City of Mound, Minnesota .10 Mukwonago,of a Centennial Utilities, Circle Pines, Minnesota Village g , Wisconsin 10 Cumberland Municipal Utilities City of New Brighton, Minnesota Cumberland, Wisconsin City of Northfield, Minnesota Dairyland Power Company, Genoa, City of Otsego, Minnesota 10 Wisconsin Ramsey County, Minnesota City of Duluth, Minnesota City of Ramsey, Minnesota City of Edina, Minnesota Saint Paul Regional Water Services, St. Ely Public Utilities Commission, City of Ely, Paul, Minnesota Minnesota US Air Force Reserve, Minneapolis, City of Fairmont, Minnesota Minnesota Gamesa — Blade US, Fairless Hills, US Steel, Mountain Iron, Minnesota Pennsylvania WEB, Aruba NV Village of Germantown, Wisconsin Winkler Canvas LTD., Manitoba, Canada City of Golden Valley, Minnesota City of Winton, Minnesota City of Grand Marais, Minnesota City of Woodbury, Minnesota City of International Falls, Minnesota City of Zimmerman, Minnesota SELECTED CONSULTING ENGINEERING CLIENTS AEC Engineering, Inc., Minneapolis, Minnesota & Richmond, Virginia Ayres Associates, De Pere, Wisconsin Bolton & Menk, Inc., Savage, Fairmont and Mankato, Minnesota Bonestroo Rosene Anderlik &Associates, Roseville, Minnesota Davy Engineering, Inc., La Crosse, Wisconsin Earth Tech, Inc., Minneapolis, Minnesota Foth Infrastructure & Environment, LLC, West Allis, Wisconsin and Oakdale, Minnesota Hakanson Anderson & Associates, Anoka, Minnesota McCombs Frank Roos Associates, Inc., Plymouth, Minnesota Progressive Consulting Engineers, Inc., Minneapolis, Minnesota River Valley Engineering, Van Buren, Arkansas Ruekert Mielke, Waukesha, Wisconsin 1 List of Personnel Associated with this Project tit Project Manager: Robert E. Kollmer, President KCI Certified NACE International Coatings Inspector No. 1291 Project Engineers: KCI Gary Reinhold, P.E. fib Specification's Writer: KCI Robert E. Kollmer 4 Project Inspectors: The inspectors that may work on this project are: KCI Robert J. (Rob) Kollmer, Certified NACE International Coatings Inspector No. 5191 Certified Welding Inspector, AWS No. 05100431 Gary Dyas, Certified Inspector Certified NACE International Coatings Inspector No. 2525 Certified Welding Inspector, AWS No. 99020861 Brian Kollmer, Coatings Inspector Level I Coatings Inspector 40 Kenton Ramgren, Coatings Inspector Level I Coatings Inspector KCI is currently investigating hiring additional NACE Certified or trained Coating Inspectors and CWI Inspectors. KCI may seek the City's permission to use one of the new hires on this project. I I p 0 ts i • _ v • ¶P tisu Coating & Inspections Services Robert E. (Bob) Kollmer President S Academic Credentials Professional Record • NACE Coating and Lining of Concrete I Robert (Bob) Kollmer has worked extensively in the • NACE Basic Corrosion ▪ areas of project management, design, application and • NDE Level II UT, PT, MT and Vacuum Box • NDE Level I VT inspection of protective coatings for structural steel • SSPC Supervisors/Competent Person Training for elevated water towers, steel and concrete ground Deleading of Industrial Structures storage reservoirs, pressure vessels, petrochemical • Engineering Studies-Lakewood Community College storage tanks and other corrosion-resistant lining • University of Minnesota- Extension, Liberal Arts • designs. He is also experienced with fabrication, • University of Wisconsin • Carboline School for Corrosion Protection and Control • construction techniques, and inspection during ® construction phases of elevated water towers, ground Professional Credentials storage reservoirs and other steel structures for compliance with design codes and regulations. • Certified NACE International Coating Inspector No. 1291 He has worked with several municipalities on the construction of new potable water storage reservoirs Employment Record and has acted as the liaison between the owner, the 2002—Present - Kollmer Consultants, Inc. I public, the engineer and the contractor for the 1985-2002 - AEC Engineering, Inc. successful completed these projects. Mr. Kollmer has 1981 1985 Self Employed 0 attended public hearings to address any questions or 1980- 1981 Rainbow, Inc. 1976- 1980 - Schletty McCann Painting, concerns the City Council members or the general Inc. public may have. 1970- 1975 - General Coatings, Inc. 11 Mr. Kollmer has prepared various reports evaluating Principal Areas of Expertise elevated water towers, steel and concrete ground storage reservoirs, and concrete underground reservoirs • Inspection and failure analysis of protective coatings throughout the United States and Canada. These • Inspection and survey of structural conditions on steel and concrete structures reports involve the identification of potential structural • Report and specification writing for reconditioning on problems, compliance with local health codes, OSHA steel and concrete structures Requirements and engineer's reconditioning cost • Inspection and testing of welds estimates, Professional Activities Mr. Kollmer works with customers to design and write g • National Association of Corrosion Engineers(NACE) 10 reconditioning specifications for cleaning, repairing and • American Welding Society(AWS) 1 modifying both existing and new industrial structures. • Society of Protective Coatings(SSPC) • American Water Work Association (AWWA) 1 For several protective coating contractors, Mr. Kollmer • National Rural Water Association (NRWA) 0 has served as project foreman and supervisor for the • American Wind Energy Association (AWEA) RI design and application of specialized coatings for both Teaching History shop and field applications. He has also taught proper surface preparation and coating application techniques • St. Paul Technical College to Owners of all different types of structures and storage • Hennepin County Technical Colleges tanks and new inspection personnel. 1 0 0 0 0 F F 9 +,. Coating & Inspections Services Gary Reinhold, P.E. Engineer Academic Credentials Professional Record • Bachelor of Civil Engineering, Univ. of Minnesota Gary Reinhold has a wide range of practical experience Minneapolis, MN in the analysis, design and evaluation of commercial • Bachelor Degree in Math, Physics &Computers, and industrial steel, concrete and engineered wood st. Cloud State, St. Cloud, MN structures. He is also experienced with fabrication, construction techniques, and inspection during Professional Credentials construction phases for compliance with design codes and regulations. • Active Licensed Professional Engineer in: Wisconsin, Minnesota, Michigan and North Dakota In his current position at Kollmer Consultants, • Inactive Licensed Professional Engineer in: Mr. Reinhold provides structural design services for a Iowa and South Dakota variety of projects, He is also involved in the design, evaluation and inspection of steel plate structures such Employment Record as steel storage tanks and buildings. He also provides 2003—Present - Kollmer Consultants, Inc. research; development and design of shear diaphragms 1999—2003 - Self Employed. using concrete panel, plywood or steel sheathing. 1996—1999 - R.C. Consultants. 1995—1996 - Northland Buildings, Inc. With his wide range of experience withof 1992—1995 - Bauman Construction, Inc. manytypes g p 1990—1992 - Pheonix Steel ' structures and construction materials — including steel, 1988—1990 - Menard Inc. concrete, masonry, aluminum, wood and engineered 1987-1988 - U.S.Wall • wood — Mr. Reinhold offers benefits to clients who have 1984—1987 - Structural Wood Corp. needs for specialized structural systems. 1980—1984 Aero Systems Engineering 1978—1980 - Spancrete Principal Areas of Expertise • Inspection and survey of structural conditions on steel and concrete structures • Plastic design of steel and concrete structures • Industrial and commercial structures design and evaluation • Storage tanks. • p r II t 'oy? s 9 , co Coating & Inspections Services Robert J. (Rob) Kollmer OD Senior Field Inspector Academic Credentials Professional Record • AWS Welding Inspection Course • NDE Level I: UT, PT, MT and Vacuum Box Robert J. (Rob) Kollmer has worked in the areas of ' NACE International Coating Inspector Session III • NACE International Coating Inspector Session II inspection of surface preparation and application of • NACE International Coatings Inspector Session I MI protective coatings on structural steel, elevated water • Virginia"Lead Abatement Work Course" towers steel and concrete ground storage reservoirs and Certificate No. 115678 wastewater treatment plants. He also has experience • 3M Designated Representative with inspection during construction of elevated water towers and ground storage reservoirs for compliance with Professional Credentials design codes and regulations. Mr. Kollmer has training in lead abatement and confined space entry requirements. • Certified NACE International Coating Inspector No. 5191 Rob has worked with several municipalities on the • Certified Welding Inspector, CWI;American Welding construction of new potable water storage reservoirs and Society No, 05100431 has acted as the liaison between the owner, the public, the engineer and the contractor for the successful completed these projects. Employment Record fe He has worked for protective coating contractors, and is 2002—Present - Kollmer Consultants, Inc. 1996-2002 - AEC Engineering, Inc. 0 experienced in proper surface preparation and the field 1995- 1996 - Odland Protective Coatings application of complex coating systems. 1993- 1994 - Weyerhaeuser He has prepared various reports evaluating elevated Princi al Areas of Expertise water towers, steel and concrete ground storage p p 90 reservoirs, and concrete underground reservoirs. These • Inspection and analysis ofprotective coatings ke P Y 9 reports involve the identification of potential structural • Inspection and survey of structural conditions on problems, compliance with local health codes, OSHA steel and concrete structures Requirements and engineer's reconditioning cost Lead Abatement estimates. DI Professional Activities II 0 Mr. Kollmer works with customers to design and writ= reconditioning specifications for cleaning, repairing an. • National Association of Corrosion Engineers(NACE) modifying existing structures. • American welding Society(AWS) i li • Society of Protective Coatings(SSPC) • American Water Work Association (AWWA) ! • National Rural Water Association (NRWA) 0 0 0 0 0 Kol1 ter 'xis t Coating & Inspections Gary G. Dyas Senior Inspector re Academic Credentials Professional Record' le • NACE Coating and Lining of Concrete • Gary Dyas has worked extensively in the areas of project • NACE Basic Corrosion management, design, application and inspection of • NDE Level II UT, PT, MT and Vacuum Box • NDE Level I VT protective coatings for structural steel elevated water • OSHA Lead Supervisor Course 0 towers, steel and concrete ground storage reservoirs, • State of Virginia"Lead Abatement Work Course" ;pressure vessels and other corrosion-resistant lining Certificate No. 115677 ah designs. He is also experienced with fabrication, construction techniques, and,.ifspection during construction Professional Credentials 0 phases of elevated water towers and ground storage • Certified NACE International Coating Inspector No. reservoirs, pipelines for compliance with design codes and 2525 regulations. • Certified Welding Inspector, CWI;American Welding 0 Society No. 99020861 O He has worked with several municipalities on the Employment Record construction of new potable water storage reservoirs and has acted as the liaison between the owner, the 2002—Present - Kolimer Consultants, Inc. 10 public, the engineer and the contractor for the 2000—2002 - Corrpro, Inc successful completed these projects. 1996-2000 AEC Engineering, Inc. 1990 1995 - ICI Gliden 10 Mr. Dyas has prepared various reports evaluating elevated 1980 1990 Val Tex Coatings III water towers, steel and concrete ground storage reservoirs, Principal Areas of Expertise and concrete underground reservoirs throughout the United States, These reports involve the identification of potential • Inspection and failure analysis of protective coatings structural problems, compliance with local health codes, • Inspection and survey of structural conditions on steel OSHA Requirements and engineer's reconditioning cost and concrete structures estimates. • Report and specification writing for reconditioning on steel and concrete structures • Inspection and testing of welds Mr. Dyas works with customers to design and write reconditioning specifications for cleaning, repairing and Professional Activities modifying both existing and new industrial structures. • National Association of Corrosion Engineers (NACE) For several protective coating contractors, he has served as ' American Welding Society (AWS) • Society of Protective Coatings (SSPC) project foreman and supervisor for the design and • American Water Work Association (AWWA) application of specialized coatings for both shop and field • Waste and Environmental Association (WEA) applications. • 0 0 l IRO ikii Coating & Inspections Services Brian J. Kollmer Ili Coatings Inspector Ii Academic Credentials TO Professional Record • NACE International Coatings Inspector Session I T IS Brian Kollmer has worked in the areas of quality Employment Record control in the aircraft industry, inspection of surface preparation and application of protective coatings on 2012-Present -Kollmer Consultants, Inc. structural steel, elevated water towers, and steel 2000-2011 -Wipaire Corp. SO ground storage reservoirs.; Mr. Kollmer has training IS in lead abatement and confined space entry requirements. Professional Credentials li NACE International-Certified Level I Coatings Inspector IS Some of his responsibilities have included the S inspection of structural modifications and repairs, surface preparation and coatings applications within Principal Areas of Expertise IS established specifications and codes, maintenance S of procedures for total job completion, recording • Inspection and analysis of protective coatings S ambient conditions and obtaining qualifications for • Inspection and survey of structural conditions on enclosed space entry permits, steel and concrete structures S Brian has worked with fabricators and protective Professional Activities i! coating contractors, and is experienced in proper • National Association of Corrosion Engineers (NACE) S surface preparation, the field and shop application of • American Wind Energy Association (AWEA) a variety of coating systems. Brian has training in . SI rigging and the installation of full containment and IS scaffolding systems for lead-based and non-leaded IS based paint removal projects. Brian has experience in the shop inspection of the internal components and fiberglass wind turban blades for the compliance with the customer's design specifications. A A A A A 6 A a A l it Coating & Inspections Services Kenton Ramgren Coatings Inspector w � Academic Credentials Professional Record • NACE International Coatings Inspector Session I Kenton Ramgren has worked in the areas of Employment Record inspection of surface preparation and application of VI protective coatings on structural steel, elevated 2002-Present - Kollmer Consultants, Inc. water towers, and steel ground storage reservoirs. 1997-2002 - AEC Engineering, Inc. 1994- 1997 - Blacktie Limousine Mr. Ramgren has training in lead abatement and 1991 - 1994 - Amelias. confined space entry requirements. Some of his responsibilities have included the Professional Credentials inspection of structural modifications and repairs, NACE International-Level I Coatings Inspector surface preparation and coatings applications within established specifications and codes, maintenance of procedures for total job completion, recording Principal Areas of Expertise ambient conditions and obtaining qualifications for • Inspection and analysis of protective coatings enclosed space entry permits. • Inspection and survey of structural conditions on steel and concrete structures Kenton has extensive training in rigging and the • Lead Abatement installation of full containment and scaffolding systems for lead-based paint removal projects. Professional Activities • National Association of Corrosion Engineers (NACE) • • • • IP • 9 p COMPENSATION — REVISED 2/10/14 The following project costs are based upon a similar sized tank reconditioning projects. Title Sub-Total Total Section 1: Predesign & Project Kick-off Meeting: Fixed Fee $500 Section 2: Design & Project Specifications Fixed Fee (includes Prebid meeting and Bid Opening) $5,200 Section 3: Antenna Management Services Services under this Section will be Billed on a Time & Material basis, based upon the Project Fee Schedule and Estimated as: Items a, b, c, and g: Estimated 18 man/hrs billed at $80 per man/hr = $1,440 Item d: Meetings billed at $300 each x 4 = $1,200 Item e: Engineering Review billed at $110 per man/hr x 3 = $ 330 Item f: Shop Inspections at $200 each x 6 = $1,200 Field Inspections at $400 each x 6 = $2,400 Estimated total for both Telecom Company's $6,570 Section 4: Construction Management Review Contractor Submittals: Fixed Fee $600 Project Meetings: Preconstruction and Project Close-out Meetings $300/trip Total amount for 2 trips $600 Field Inspection Services — Level I or II Inspector: Assuming 48 man-hours per week, 6 days per week of field inspection and a 10 week construction schedule. (This includes 3 man/hrs of Project Management per week) Billed as a Specified Fee of $3,700/week Estimated amount for a 10 week schedule $37,000 Estimated Total amount $38,200 TOTAL NOT TO EXCEED PRICE: SECTIONS 1, 2, AND 4 WITHOUT WRITTEN AUTHORIZATION $43,900 MO ill y MI Pe 7494 253rd Avenue NE, Engineering, Coatings & Inspection Services Stacy, MN 55079 1016 Phone: (651) 462-7266 igra Fax: (651) 462-3249 Oft 2014 Fee Schedule 011 RATES STANDARD ItOlk Principal Associates $90.00 per hour D Professional Engineer $110.00 per hour 041 Project Supervisor $80.00 per hour A Certified Inspectors $74.00 per hour Inspectors (Levels I & II) $63.00 per hour 04 Certified Inspectors (Overtime) $93,00 per hour IA Inspectors (Overtime) $79.00 per hour Oil CAD Designer $65.00 per hour 0 Clerical $50.00 per hour A 04 REIMBURSABLE EXPENSES The following expenses are reimbursable to Kollmer Consultants, Inc: wig 1. Portal to portal travel will be billed at hourly travel time, mileage rates plus vehicle charge and per 04 diem per person per day. 04. 2. Actual travel and subsistence expenses of management and administrative personnel when 04 traveling in connection with the project. 0 3. Vehicle mileage at current IRS rate, or rental cost as applicable. 4. On-site Kollmer Consultant's vehicle at $40.00 per day. 5. Actual hotel expense plus $40.00 per day subsistence allowance applies for projects scheduled for one week duration or less. For projects scheduled for over one week, a subsistence allowance of $100.00 per day applies for lodging, meals and incidentals. Higher rates may apply in high cost areas. 1 411, 6. Standby time billed at the labor rates above, with a maximum of 8 hours per day, per person. 11, 7. Project related expenses such as equipment rental, shipping, subcontractors, etc, will be billed at actual cost plus a 10% mark-up, 8, Supplies, duplication, delivery, and facsimile expenses will be billed at the actual cost incurred, 40 with no markup. 40 9. Overtime, when applicable, will be billed in accordance with the terms of each individual contract. 40 3 BILLING q Payment terms are net 30 days. All amounts are quoted in U.S. dollars. Effective Date of Fee Schedule: il, 1/1/2014. j`i j P. Page 1of1 Subj: Addendum No. 1 to RFP for Engineering -City of Eden Prairie Baker Reservoir Recoating Project Pip Date: 2/4/2014 11:25:17 A.M. Central Standard Time From: rwahlenna edenorairie,org Pip To: smulhern(a�klmengineering.com, kmulhern(a�badgerstateinspection.com, rkollmeraol.com, keith.dixon(c�dixonengineerinq.net Everyone, • Please consider this email to be Addendum No. 1 to the city's RFP for Engineering services for the Recoating of Baker Reservoir. "1 After discussing the timeline of the Baker Reservoir project with two of our consultants, the City would like to make the following change to our RFP project timeline: 1) The project shall be considered to be a two-phase project which must be managed in two distinct seasons. 2) The first phase estimated to be 6 weeks in duration will commence as early as weather permits • in the spring of 2014 (expecting a start date of approximately April 14). 3) The second phase estimated to be 5 weeks in duration will commence as early as the city's irrigation demand allows or 15 September 2014 —whichever comes first. 4) Assume the consultant's inspection time to remain 10 weeks in duration. Please acknowledge receipt of this Addendum No, 1 by printing this email, signing it below, and le attaching it to your RFP. Receipt " t •'' !edged By: l Title/Company: ' . 'iPL e Rick Wahien City of Eden Prairie '( Utility Operations Manager EN Public Works 1952)294-5908 t1,r,,r.i., le Mir (507)995-3656 1,11711 ill. tixoiruolt1Y (507)665-2413 Home rwahlen @ edenprairie,org 14100 Technology Drive Eden Prairie, MN 55344 e t Friday, February 07, 2014 AOL: RKollmer CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar March 4, 2014 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.M. Joyce Lorenz, Approve purchase of new Control Room Communications Division video production system. Requested Action Move to: Approve purchase and installation of new Control Room video production system in the amount of$31,495.00. Synopsis The purchase and installation of this new system is a first step in a larger upgrade project — anticipated to occur later in 2014 — that will improve the City's delivery of live meeting broadcasts to cable subscribers. The reasons for installing this equipment now instead of in conjunction with the larger project are: • Resolve existing equipment failures • Purchase of this specific equipment has to be made directly from authorized vendor • The manufacturer (NewTek) regulates pricing so all distribution and installation vendors' prices are the same on the equipment, therefore including it in the bid process for the larger project would make no difference in pricing. Attachment Z Systems, inc. Purchase Agreement pN Li%ERR . 466, Z Systems, inc. Purchase Agreement 3724 Oregon Avenue South u Saint Louis Park, MN 55426 DATE: 2/26/2014 QUOTE #: 26067 ,1 SYSTEMS y' Tel. 952-974-3140 r"� s. Fax. 952-974-3141 P.O. #: FOB: R9r`0" sA`_o. www.zsyst.com TERMS: Net 15 fueling creativity PROJECT: TriCaster Ft Installation Q1 '14 SOLD TO: SHIP TO: City of Eden Prairie City of Eden Prairie 8080 Mitchell Road 8080 Mitchell Road Eden Prairie, MN 55344 Eden Prairie, MN 55344 ITEM DESCRIPTION QTY UNIT COST TOTAL: SYSTEM DESCRIPTION Within the existing Master Control headend, the following equipment would be removed: Extron Seamless Switcher, Compix Character Generator, Extron VSC-150 Scan Converter, and related accessories. Replacing them would be a NewTek TriCaster broadcast production system. Its chassis would be racked underneath the master control console's work surface, on the left-hand side, in approximately the same location as where the Extron Seamless Switcher was. The TriCaster's keyboard, mouse, and tactile switcher panel would all sit atop the work surface, and connect to the TriCaster via USB. Numbering the racks with 1 being the leftmost, the top portions of racks 2, 3, and 4 would be reinstalled. Placed in this newly-liberated space would be a flat-screen television display,which will serve as the TriCaster's multiviewer.The TriCaster chassis connects to the display via DVI/HDMI. Camera outputs,which previously had connected to the inputs of the Seamless Switcher,would instead be connected to inputs of the TriCaster. Outputs from the Seamless Switcher would be connected to the outputs of the TriCaster. All other room functionality remains unchanged. PROJECT SCOPE -An engineering/readiness review meeting with Touchpoint Logic.The purpose of this meeting is to review the planned work and determine if any changes/modifications are required. Z Systems understands that this project is a stepping-stone to a planned larger overhaul of the entire room.As such, final engineering may not have been completed by Touchpoint Logic and CAD drawings may not exist which depict the above-described configuration. In that case, Z Systems installers will create their own pencil sketches while on-site-preserving the existing wire numbering while using descriptive labeling on new connections (such as DVI and USB). -Staging of materials and load-in to jobsite.The TriCaster is assumed As an authorized representative of the organization listed above, I hereby order and agree to purchase Subtotal: these products and/or services from Z Systems based on the terms and conditions set forth in this agreement and the attached or included'Z SYSTEMS INC.Terms and Conditions Rev 3.14.08,'which can be found at www.zsyst.com/terms.pdf. All pricing quoted is subject to change/ management Sales Tax: (0.0%) approval at time of order entry/acceptance. Any returns, if accepted by our vendors,will be subject to a 20%restocking fee. TOTAL: SIGNATURE: Page 1 Thank you for your interest in Z Systems pN Li%ERR Vio,0 q�,❑G Z Systems, Inc. Purchase Agreement A 3724 Oregon Avenue South m u Saint Louis Park, MN 55426 DATE: 2/26/2014 QUOTE #: 26067 SYSTEMS y' Tel. 952-974-3140 Fax. 952-974-3141 P.O. #: FOB: 9r1 0 " sA`_eS CS. www.zsyst.com TERMS: Net 15 fueling creativity PROJECT: TriCaster Ft Installation Q1 '14 SOLD TO: SHIP TO: City of Eden Prairie City of Eden Prairie 8080 Mitchell Road 8080 Mitchell Road Eden Prairie, MN 55344 Eden Prairie, MN 55344 ITEM DESCRIPTION QTY UNIT COST TOTAL: to be drop-shipped or otherwise delivered to the customer site. - Removal of equipment from rack hardware to be deinstalled. Equipment which is remaining in design to be stacked in approximately the same location as it had previously been. Customer understands that this is a temporary solution. - Removal of the tops of racks 2, 3, and 4. - Unpacking of flat-screen display.Assembly onto pedestal base. Labeling of power cord. Placement atop rack in space vacated by deinstalled rack hardware. Some manner of low-tech, temporary support solution may be employed such as metal or plywood panels underneath the display. - Disconnection and removal of legacy scaler unit. - Unpacking and racking-up of TriCaster chassis, in approximately the same space as that vacated by the scaler. Labeling and connection of power cords.Minimal cable dressing. - Unpacking and connection of TriCaster keyboard, mouse, and tactile control panel. Descriptive labeling to be employed. Minimal cable dressing. -Connection of TriCaster chassis to flat-screen display. Descriptive labeling to once again be employed. -Connection of existing camera and signal i/os to TriCaster. Wire ordering to be preserved (i.e. if Camera 1 previously went to input 1 on the scaler, it will connect to input 1 on the TriCaster). - Power-up of TriCaster. Registration of unit to customer. -Any TriCaster software updates as recommended by NewTek/Z Systems. -Verification of signal integrity from cameras through TriCaster and back to router. - Functional testing of TriCaster: switching, CG, still store, DSK, audio. - Up to 10 test recordings to the TriCaster's internal storage. - Four hours of overview on TriCaster operation. As the TriCaster is a complicated product, customer understands that four hours will only provide the basics of operation.This is not to be construed as all-inclusive, "You will know everything about TriCaster when we are finished."Syllabus to be compiled in discussions with customer. - Detailed TriCaster documentation for customer. -Clean-up and load-out. As an authorized representative of the organization listed above, I hereby order and agree to purchase Subtotal: these products and/or services from Z Systems based on the terms and conditions set forth in this agreement and the attached or included'Z SYSTEMS INC.Terms and Conditions Rev 3.14.08,'which can be found at www.zsyst.com/terms.pdf. All pricing quoted is subject to change/ management Sales Tax: (0.0%) approval at time of order entry/acceptance. Any returns, if accepted by our vendors,will be subject to a 20%restocking fee. TOTAL: SIGNATURE: Page 2 Thank you for your interest in Z Systems *pN k.OERR yfo£o 466, Z Systems, inc. Purchase Agreement 3724 Oregon Avenue South u Saint Louis Park, MN 55426 DATE: 2/26/2014 QUOTE #: 26067 SYSTEMS .y¢ Tel. 952-974-3140 so- Fax. 952-974-3141 P.O. #: FOB: 9r1 0 "•sA`_eS www.zsyst.com TERMS: Net 15 fueling creativity PROJECT: TriCaster Ft Installation Q1 '14 SOLD TO: SHIP TO: City of Eden Prairie City of Eden Prairie 8080 Mitchell Road 8080 Mitchell Road Eden Prairie, MN 55344 Eden Prairie, MN 55344 ITEM DESCRIPTION QTY UNIT COST TOTAL: SCOPE DOES NOT INCLUDE -Any tasks not specifically mentioned above. In addition, scope does not include the following: -CAD drawings. - New wiring.All needed wiring is understood to already exist. -Configuration of the TriCaster for streaming. -Troubleshooting/maintenance/repair/upgrades on any other equipment in the entire facility.All other equipment is assumed to be in proper working order. - Unexpected consequences resulting from undocumented wiring.What this means is the following: based on existing CAD drawings, Z Systems has an understanding of how Eden Prairie's equipment is currently connected, and how the TriCaster will integrate into this environment. But some of the gear currently slated for removal may well be connected in ways which are not documented on the drawings.As such, the removal of this equipment may adversely affect Master Control's signal flow. If this happens, a discussion will need to occur between Touchpoint Logic and Z Systems regarding what the issue is, how to best overcome it, and what impact the change will have on the budget. Installation Installation Labor(lot). -Per Scope Above. 1 1,500.00 1,500.00T As an authorized representative of the organization listed above, I hereby order and agree to purchase Subtotal: these products and/or services from Z Systems based on the terms and conditions set forth in this agreement and the attached or included'Z SYSTEMS INC.Terms and Conditions Rev 3.14.08,'which can be found at www.zsyst.com/terms.pdf. All pricing quoted is subject to change/ management Sales Tax: (0.0%) approval at time of order entry/acceptance. Any returns, if accepted by our vendors,will be subject to a 20%restocking fee. TOTAL: SIGNATURE: Page 3 Thank you for your interest in Z Systems pN k0ERR . 466, Z Systems, inc. Purchase Agreement 3724 Oregon Avenue South m u Saint Louis Park, MN 55426 DATE: 2/26/2014 QUOTE #: 26067 ,1 SYSTEMS y' Tel. 952-974-3140 r"� s. Fax. 952-974-3141 P.O. #: FOB: R9r`0" sA`_o. www.zsyst.com TERMS: Net 15 fueling creativity PROJECT: TriCaster Ft Installation Q1 '14 SOLD TO: SHIP TO: City of Eden Prairie City of Eden Prairie 8080 Mitchell Road 8080 Mitchell Road Eden Prairie, MN 55344 Eden Prairie, MN 55344 ITEM DESCRIPTION QTY UNIT COST TOTAL: TC860 NewTek TriCaster" 860(includes Control Surface) 1 29,995.00 29,995.00T "8 simultaneous live video sources in any combination of supported connection types, resolutions and frame rates "2 live inputs via Gigabit connection "Access up to 8 live Pan-Tilt-Zoom (PTZ)robotic cameras via standard serial and network protocols "5 integrated digital media sources for video, graphics and sounds(2 DDRs, GFX and Sound)+ 15 buffers "8 freely configurable M/E channels " 15 content buffers to store and playback video, animations,still images and graphics "2 primary DSK channels, plus 1 additional Key layer per M/E bus "30+HD live virtual sets,with presets, multiple camera angles, real-time reflections, and specular highlights "Configurable video output for up to 12 output connections "Multi-track, multi-format recording of up to 8 simultaneous channels "Native recording in up to 1080p "HD live streaming with simultaneous archive "Audio inputs-8 SDI Embedded, 8 AES/EBU, 8 x 2 Balanced XLR (Mic/Line),Phantom Power Support "Audio outputs-3 SDI Embedded,2 AES3/EBU,4Balanced XLR,4 Balanced XLR" (AUX) 1 Stereo 1/4"(phones) "DVI and HDMI monitor outputs for user interface and multiview displays "Integrated Waveform and Vectorscope LC-42LB150U Sharp 42"LED HDTV- HDMI, DVI, Component and composite inputs. 1 0.00 0.00T Shipping (Shipping Charges Will Be Added To The Final Invoice) 1 0.00 0.00T As an authorized representative of the organization listed above, I hereby order and agree to purchase Subtotal: $31,495.00 these products and/or services from Z Systems based on the terms and conditions set forth in this agreement and the attached or included'Z SYSTEMS INC.Terms and Conditions Rev 3.14.08,'which can be found at www.zsyst.com/terms.pdf. All pricing quoted is subject to change/ management Sales Tax: (0.0%) $0.00 approval at time of order entry/acceptance. Any returns, if accepted by our vendors,will be subject to a 20%restocking fee. TOTAL: $31,495.001 SIGNATURE: Page 4 Thank you for your interest in Z Systems CITY COUNCIL AGENDA DATE: SECTION: Public Hearing March 4, 2014 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.A. Community Development 2014 CDBG Funding Janet Jeremiah, Director Recommendations Molly Koivumaki, Housing and Human Services Manager Requested Action Move to: • Close the public hearing; and • Adopt Resolution approving the use of 2014 CDBG funds as recommended by the Eden Prairie Human Services Committee. Synopsis The 2014 CDBG allocation has not yet been announced by the office of Housing and Urban Development(HUD). However, the Human Services Review Committee used the conservative estimate of$235,000 to make the funding recommendations as listed below. Once the actual amount is received, the funding for the Housing Rehabilitation Loan Program will be adjusted up or down based on this amount. The regulations stipulate that public service funding may not exceed 15 percent of the City's total allocation ($235,000), plus 15 percent of the previous year's program income. The Human Services Review Committee reviewed the 2014 CDBG proposals and recommended the following activities be funded. # Human Services Activity Funding County % of Level Priority Allocation 1 PROP Housing Support Services $20,000 High 9% 2 Child Care Subsidy—YMCA$District 272 $12,000 High 5% 3 HOME (Household & Outside Maintenance for the $9,000 High 4% Elderly) 4 CAPSH(Emergency Vehicle Repair) $9,000 High 4% Subtotal $50,000 Housing Activities Funding County Level Priority 5 Housing Rehabilitation Deferred Loan Program $104,150 High 44% 6 Affordable Housing-WHAHLT $55,000 High 23% 7 Fair Housing Initiative $2,350 High 1% 8 Program Administration $23,500 High 10% Grand Total $235,000 Background 2014 Allocation Process The discussion of how to distribute the 2014 CDBG funds through the Human Services Review Committee included a complete review of all "Request for Funding" applications and the distribution percentage of funds in 2013. The Committee's goals were to have the best and highest use of these funds for human services that demonstrated the most direct benefit to the community. Attachments Resolution 2014 CDBG Summary of Proposals 2014 Action Plan CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2014- RESOLUTION APPROVING USE OF FUNDS FOR 2014 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS WHEREAS, the City of Eden Prairie, as an entitlement community, participates in the Community Development Block Grant Program; and WHEREAS,the City of Eden Prairie has developed a proposal for the use of CDBG funds, and held a public hearing on March 4, 2014, to obtain the views of citizens on the proposed use of $235,000 for the 2014 Community Development Block Grant Program. WHEREAS,processes at the Federal level have not been resolved, the actual amount of the 2014 allocation will be revealed later in 2014; the funding for the Housing Rehabilitation Loan Program will be adjusted up or down based on this amount. BE IT RESOLVED that the City Council of the City of Eden Prairie approves the following activities for funding from the Block Grant program, and authorizes and directs the Mayor and the City Manager to execute Sub recipient and Third Party Agreements on behalf of the City. ACTIVITIES BUDGET PROP - Emergency Housing Assistance $ 20,000 Child Care Subsidy—YMCA and District 272 $ 12,000 HOME - Household& Outside Maintenance for Elderly $ 9,000 CAPSH—Vehicle Repair $ 9,000 Housing Rehabilitation Deferred Loan Program $ 104,150 Affordable Housing—WHAHLT $ 55,000 Fair Housing Initiative $ 2,350 Program Administration $ 23,500 Total $ 235,000 ADOPTED by the City Council of the City of Eden Prairie this 4th day of March, 2014. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk 2014 CDBG Public Service Application Summary 2014 Type of 2014 2013 HSRC Clients Projected Funds Activity Agency Request Funding Recomme Description Served Clients ndation 2013* 2014 Emergency Emergency financial 11 Public Service Housing PROP $25,000 $25,000 $20,000 assistance for rent/mortgage Households 25 Assistance payments $8 851 Households Household Senior Provide outside maintenance 38 Chore& Comm. and chore service to residents 60 and Households 40 Public Service Main. Services $9,000 $9,000 $9,000 older $7,585 Households for elderly (HOME) Car repair for low-income families. 11 Vehicle CAPSH $15,000 $15,000 $9,000 CAPSH pays 75%of repair costs up Residents 20 Public Service Repair to$750 per low/mod income resident. $6,888 Residents YMCA Subsidize before and after school care Childcare Ind. for EP low/mod income working 31 40 Public Service subsidy School $27,000 $15,000 $12,000 families Youth Youth Dist 272 $7635 TOTAL $76,000 $64,000 $50,000 *Clients served 7/1/2013 through 12/31/2013 Public Service funds available for 2014 =$50,000 2014 ACTION PLAN CITY OF EDEN PRAIRIE DUNS # 010488260 Executive Summary The City of Eden Prairie became a Community Development Block Grant (CDBG) entitlement community in 2006. CDBG funds are allocated to the City directly from the U.S. Department of Housing and Urban Development (HUD). The City remains a part of the Hennepin County Consortium for purposes of the Five Year Consolidated Plan and HOME funding. > $159,150, or 68 percent of the City's CDBG allocation will be used for affordable housing to help provide decent housing, while maintaining affordability and sustainability. o CDBG Program Income funds will be used for a first time home buyer program to assist two low/moderate inome households purchase their first homes. o Rehabilitation of six owner-occupied homes, by income eligible homeowners. A small repair grant fund will provide for emergency and/or life safety related repairs for qualifying homeowners. o CDBG funds will be used by the West Hennepin Affordable Housing Land Trust to help acquire one single family home, which will then be sold to a low/mod income first time homebuyer. ➢ $50,000, which does not exceed the public service cap, will be used for public service programs that provide assistance to low/moderate income seniors, families and individuals. These funds help provide access to suitable living environments, maintain affordability, availability and accessibility to housing activities. The regulations stipulate that public service funding may not exceed 15 percent of the City's total allocation ($235,000), plus 15 percent of the previous year's program income ($100,700). For the 2014 program year, Eden Prairie cannot fund public service activities in excess of$50,355. > $2,350 or 1 percent of the City's CDBG allocation will be used for fair housing activities. > $23,500 or 10 percent of the City's CDBG allocation will be used for administration of the CDBG Program. Administration includes general management, oversight, coordination and monitoring of the program. The majority of organizations receiving CDBG funding from the City of Eden Prairie are close to meeting 100 percent of their expected performance for 2013. HOME, CAPSH, YMCA, Ind School District 272 and People Reaching Out to Other People (PROP) are 1 2014 Eden Praire-Action Plan organizations that continuously experience high demand for their services and will meet or exceed their 2013 expected performance goals. CDBG Program Specific Requirements The 2014 allocation is $235,000. It is anticipated that the Housing Rehabilitation Program and the CDBG Loan Program for Affordable Rental Units will generate program income during 2014. Any program income received will be used to cover expenses generated in an existing CDBG Program or activity and not just expenses related to the activity generating the income, as authorized by the City Council. The City of Eden Prairie anticipates receiving $70,000.00 in program income in 2014. The City of Eden Prairie anticipates that there will be $305,000 available in total funds for the 2014 fiscal year. This funding is broken down as follows: Source of Funds 2014 CDBG Allocation $235,000 Program Income from repayment of deferred loans $70,000 Total $305,000 Activities Planned with CDBG Funds: The following is a listing of CDBG activities recommended for funding by the Eden Prairie Human Services Review Committee and approved by the Eden Prairie City Council for the 2014 program year. Details on the proposed activities follow in order of the specific objective/strategy number identified in the Consolidated Plan. Funding for public service activities totals $50,000, which does not exceed the public service cap. 5 Year 2014 Strategy Program Budgeted ID# Project Activity Income Allocation 2.0 Rehab of Private Property Housing Rehabilitation Loan Program $70,000.00 $104,150.00 3.0 Affordable Housing WHAHLT $0 $55,000.00 6.0 Emergency Housing PROP $0 $20,000.00 6.0 Family Services Child Care(YMCA&District 272) $0 $12,000.00 6.0 Family Services CAPSH $0 $9,000.00 7.0 Senior Services H.O.M.E.Program $0 $9,000.00 11.0 Fair Housing Fair Housing Initiative—Consortium $0 $2,350.00 Program Administration Administration $0 $23,500.00 Total $70,000 $235,000.00 2 2014 Eden Praire-Action Plan Annual Objectives Table 3A Summary of Priorities and Specific Annual Objectives Specific Outcome/Objective Sources of Program Expected Actual Percent Obj# Specific Annual Objectives Funds Performance Indicators Year Number Number Complete DH-2 Affordability of Decent Housing ilr An. DH 2.1 Affordable Housing-WHAHLT and the City 1 low/mod income families will receive assistance 2010 1 1 100% assist first time homebuyers with purchasing their CDBG o purchase their first home through WHAHLT. 2011 3 2 67% first home. 2012 2 3 150% 2 First Time Homebuyers will receive down ayment assistance using program income funds. 2013 1 2014 3 TOTAL DH-3 Sustainability of Decent Housing DH-3.1 H.O.M.E.helps maintain independence for elders 35 residents will receive maintenance,chore 2010 40 43 108% and avoid premature nursing home placement by CDBG services and homemaking assistance to help keep 2011 40 43 108% providing homemaker,maintenance,and chore Hennepin them living independently. 2012 40 25 63% services. County 2013 40 United 2014 35 Way TOTAL DH-3.2 The objective of the Single Family Housing 6 households will receive housing rehabilitation, 2010 8 8 100% Rehabilitation Loan Program is to preserve the CDBG accessibility improvements,and/or emergency 2011 6 16 267% existing housing stock. repairs for the purpose of maintaining decent 2012 8 17 213% affordable housing. 2013 8 2014 6 TOTAL SL-3 Sustainability of Suitable Living Environment SL-3.1 People Reaching Out to Other People(PROP)will 20 households will be able to stay in current 2010 100 51 51 % receive CDBG funds to offer emergency housing CDBG housing,increasing family stability,preventing 2011 50 48 96% assistance to protect residents from the threat of Hennepin families from going to homeless shelters. 2012 50 31 62% homelessness or displacement. County 2013 25 2014 20 TOTAL EO-1 Availability/Accessibility of Economic Opportunity EMI EO-1.1 Childcare; The YMCA and Independent School 40 children will have access to affordable before 2010 40 32 80% District 272 provide safe,structured,and CDBG and after school child care allowing parents to 2011 30 32 106% affordable child cares services before and after work or seek employment. 2012 40 48 120% school,all day during summer,and when school's out for Eden Prairie families who need financial 2013 40 help so parents can go to work. 2014 40 TOTAL EO-1.2 Community Action Partnership of Suburban 12 residents will receive grants to make 2010 8 11 140% Hennepin receives CDBG funds to make grants to CDBG emergency repairs to their vehicles in order to 2011 6 14 233% low mod income residents for emergency vehicle maintain economic stability. 2012 10 12 120% repairs. 2013 20 2014 12 3 2014 Eden Praire-Action Plan Description of Activities The activities to be undertaken during the 2014 fiscal year address the priority needs and local objectives as set forth in the Consolidated Plan. The activities that are part of the 2014 Action Plan are to be completed within 12 months from the time funds are allocated to the City of Eden Prairie. Strategy 2.0 Existing Homeowners Citywide Single Family Housing Rehabilitation Program: During the 2014 grant year, we expect to rehabilitate six owner-occupied homes through our Housing Rehabilitation Loan Program. The program provides up to $30,000.00 for eligible repairs through an interest free, deferred loan,payable after 30 years, or when the property is sold. Applications are accepted year round on a"first come, first served" basis. Applicants qualify based on their household income and the amount of equity in their home. The City will continue to offer a Small Emergency Repair Grant fund to be administered through our Housing Rehabilitation Loan Program. The Small Repair Grant fund will access funds through the Housing Rehabilitation Loan Program to be used for emergency repairs for qualifying homeowners. The program allows a maximum of $5,000 per home in grant funds to be used for emergency and small repairs. Both rehabilitation programs are open for residents throughout the City that meet the low/mod income guidelines. No specific geographic area is targeted for this program. The City will continue to identify larger rehab projects outside of the Single Family Rehab Program. These projects will be for non profits that benefit low/mod income Eden Prairie residents. It is anticipated that this will be a grant program that will be funded using program income. Strategy 3.0 Affordable Housing Eden Prairie Affordable Housing: Eden Prairie seeks ways to make homeownership a reality for families of low/moderate income by working with the West Hennepin Affordable Housing Land Trust (WHAHLT). The land trust retains ownership of the land, but sells the home to an income eligible family. Subsequent sales of the home must be to income eligible buyers, and the property must remain affordable for 99 years. Funds will be used for the acquisition of one Eden Prairie property that will then be sold to a low mod income household purchasing their first home. Citywide First Time HomebuyerProgram: The Eden Prairie First Time Homebuyer Program offers a zero interest, deferred loan, with the City of Eden Prairie holding a second mortgage on the property. The deferred loan helps first time homebuyers offset 4 2014 Eden Prairie-Action Plan Draft the cost of purchasing a home by providing assistance with down payment, closing costs, and mortgage principle reduction. Repayment of the loan is required when the home is sold or no longer homesteaded within the first 30 years. After 30 years, the loan becomes due and payable. Funds will be used to assist two low mod income households to purchase their first home. Financial assistance will be provided up to $25,000. Program income will be utilized for the program. This program is open for households that meet the low/mod income guidelines,purchasing a home in Eden Prairie Annual Affordable Housing Goals: During 2014, the City plans to rehabilitate six owner occupied affordable homes,provide downpayment assistance to two low/mod income homebuyers, and provide funds to WHAHLT to purchase one affordable housing unit in Eden Prairie. PROP will provide emergency assistance in the form of rent or mortgage payments to 20 households at risk of becoming homeless. The table on page 17 outlines these goals. Strategy 6.0 Family Services/Facilities PROP: The City has been allocating CDBG assistance to People Reaching Out to People (PROP) for emergency housing assistance activities since 2003. PROP will provide emergency assistance in the form of rent or mortgage payments to households at risk of becoming homeless. This assistance will be provided for up to three months. PROP has provided considerable assistance to low income households in Eden Prairie since 1974. PROP serves nearly 990 Eden Prairie families per year, meeting the immediate and direct basic needs of people experiencing hardship or crisis. During 2014, it is estimated that 20 households will receive emergency housing assistance with CDBG funds. Childcare: The allocation of CDBG funds for childcare assistance has been ongoing for many years. The Eden Prairie School District began it's own school age childcare program during the 2011-2012 school year. During the 2014-2015 school year, both the YMCA and Independent School District 272 will share the childcare duties for the district. Funding will be based on total number of students each organization serves. The CDBG allocation for child care assistance will be used by the YMCA and District 272 to subsidize before and after school childcare for Eden Prairie families who need financial help. The YMCA and Districtt 272 expect to serve approximately 40 households in 2014. CAPSH: The Car Repair Program is administered by Community Action Partnership of Suburban Hennepin. It was created in 2006 to help low/mod income Eden Prairie residents maintain self sufficiency. The car repair program will pay 75% of repairs up to $750. CAPSH expects to serve 12 households during 2014. All of the Family Services Programs listed above are open to all low/mod income residents of Eden Prairie. 5 2014 Eden Prairie Action Plan Strategy 7.0 Senior Services H.O.M.E. Household and Outside Maintenance for Elderly: This service helps maintain independence for elders and avoid premature nursing home placement by providing homemaker, maintenance and chore services. H.O.M.E. expects to serve approximately 35 residents in 2014. The H.O.M.E. program is offered by Senior Community Services and is open to all low/mod senior residents of Eden Prairie. Strategy 11.0 Affirmatively Furthering Fair Housing The City of Eden Prairie will participate in and help to fund fair housing activities through the Fair Housing Implementation Council, which provides support for fair housing activities. Activities include education for property managers, staff training community outreach, and referral to Legal Aid. In 2009, the Consortium, along with other metro-area entitlement jurisdictions and stakeholders working together under the direction of the Fair Housing Implementation Council, prepared a new Regional Analysis of Impediments to Fair Housing. The Analysis is for the 2010-2014 Five-Year Consolidated Plan period. The City of Eden Prairie has taken the identified impediments from this document and the suggested actions to overcome these impediments to find activities to support these actions. The impediments the City addressed are: 1) Lack of sufficient fair housing outreach and education. 2) Lack of understanding of what qualifies as a fair housing issue, particularly as it relates to landlord/tenant disputes and affordable housing production. The city is working with the Met Council on a new program called Racially Concentrated Areas of Poverty(RCAP)which identifies "clusters of opportunity" where investments in affordable housing and jobs can be made to help relieve the concentrations of poverty. As this is a new initiative, the actionable items have not yet been determined. The city's Rental Housing Inspection Program and the Apartment Property Managers Group are two strategies the city uses to address these impediments. These programs are discussed on page 21 of the city's action plan. Meeting Underserved Needs The City is in contact on a regular basis with a number of nonprofit agencies which coordinate and provide assistance for those who have underserved needs. During 2014, the City will continue to be in contact with these agencies to learn about the underserved need in the community and how the City can help meet these needs. An obstacle to meeting underserved needs the City has encountered has been a lack of clients in its First Time Homebuyer Program. Due to the declining housing market in 6 2014 Eden Prairie Action Plan the area, the City has encountered a lack of available housing in the price range that is within reach of young families and individuals who qualify for mortgages in the range of$150,000 to $170,000. According to the Eden Prairie Assessing Department, during 2013, less than 1% of all home sales in Eden Prairie were single family homes priced below $190,000. This lack of single family homes has become a barrier to first time homebuyers looking to purchase a home in Eden Prairie using the First Time Homebuyer Program. Geographic Distribution The activities selected by the City of Eden Prairie are primarily offered on a city wide basis to ensure equal opportunity to all interested, income qualified participants. These city wide activities include PROP, YMCA, Independent School District 272, HOME, CAPSH, the First Time Homebuyer Program, WHAHLT, and the Housing Rehabilitation Loan Program. Estimate for Low and Moderate Income Estimated % of Activity 2014 Budgeted Allocation to Benefit Allocation Low/Moderate Income Affordable Housing $55,000 100% Housing Rehabilitation Loan Program $104,150 100% PROP $20,000 100% Childcare $12,000 100% CAPSH $9,000 100% H.O.M.E. $9,000 100% Fair Housing Activities $2,350 100% Program Administration $23,500 N/A Citizen Participation The City of Eden Prairie is part of the Hennepin County Consortium, and therefore the City's Action Plan is part of the Hennepin County Consortium Action Plan. The City follows Hennepin County's Citizen Participation Plan, which calls for the Hennepin County Consortium Action Plan to be available for public comment 30 days prior to a public hearing before the Hennepin County Board. The Eden Prairie City Council held their own public hearing on March 4, 2014 and allowed the public to comment on the proposed activities. Notice of the public hearing was published in the Eden Prairie News on January 30, 2014. No public comments were received prior to, during or after the public hearing. The City's Human Services Review Committee responds to questions and inquiries about the plan, and makes recommendations to the City Council based on feedback. Consultation Process The City of Eden Prairie has a Development Review Committee comprised of staff from Housing and Human Services, Community Development and Planning, 7 2014 Eden Prairie Action Plan Engineering, Fire and Inspections. This committee meets weekly to review proposals for new development and projects. This group works directly with developers, non- profit agencies and other governmental agencies and transit authorities to ensure that all perspectives are considered throughout the review process. It is anticipated that the South West Light Rail (SWLRT) line that will run from Minneapolis to Eden Prairie will have a significant impact on the community. Several working groups have been formed to work on various components of the project. One such work group is focused on housing along the new transit corridor, and includes staff from Hennepin County, the cities of Minneapolis, St. Louis Park, Hopkins, Minnetonka, Edina and Eden Prairie. Maxfield Research has been contracted to prepare a Corridor-wide housing inventory at the one-half mile, one-mile and two-mile radius surrounding each proposed transit station along the corridor. Eden Prairie is expected to have five transit stations. The inventory will provide analysis on housing conditions,population demographics, employment, education, community trends and so forth. The report will help communities understand where opportunities exist for housing, including affordable housing and other transit oriented development. The City of Eden Prairie has developed many relationships with private and other public agencies from which it gathers input on its activities set out in the Action Plan and also seeks implementation of some of these activities. The City is in contact with non-profit organizations (both those partially funded with City CDBG funds and those that are not) to learn about the changes in their cliental. Many of these organizations have seen an increase in cliental, including those who have never had to access the service in the past. Finally, the City also works with various public agencies including other cities, Hennepin County, and state agencies. This collaboration allows the City to find out more about what these organizations are seeing in their community and help the City prepare for these issues which may arise. Housing and Market Analysis General There are a variety of housing options and choices in Eden Prairie, from Section 8 rental housing for low income residents, to "executive estates" with large single family homes, and many life cycle housing options in between. Of the 24,848 total housing units, 18,139 or 73 percent are ownership and 6,708 or 27 percent are rental. There are 953 subsidized rental units located throughout Eden Prairie, including three Section 8 Project-Based complexes with 355 units. 8 2014 Eden Prairie Action Plan Eden Prairie has a large Somali immigrant population, estimated to number approximately 5,000 people. While most Somali families live in apartment complexes, including the Project-Based Section 8 complexes, there is a trend toward Somali ownership and rentals of single family homes. Eden Prairie has used a "scattered-site" approach to providing affordable housing which requires developers who are seeking financial assistance from the City to set aside 20 percent of their units for low/moderate income people. This approach has prevented the concentration of low income housing in any one part of the City. Eden Prairie has a large number of group homes that provide supportive care for developmentally delayed adults, aftercare treatment for teens with chemical addictions, and memory care support for elderly people. A residential treatment facility for people with HIV/AIDS has existed in Eden Prairie for nearly 20 years. There is no estimate available on the number of abandoned buildings or their prospect for rehabilitation. Abandon properties rarely occur in Eden Prairie. Unoccupied properties may be empty and awaiting redevelopment however they are still on the tax roll and are not considered abandoned. Eden Prairie has a robust Economic Development unit within the Community Development Department that activity monitors businesses moving in and out of the community. Public Housing The City of Eden Prairie does not have a Public Housing Authority; however, through an agreement with the Minneapolis Public Housing Authority, we do have 19 scattered-site public housing units which are managed by the Metropolitan Housing and Redevelopment Authority (HRA). The City of Eden Prairie does not have any oversight or involvement in the operation of the units and therefore does not have a plan to encourage public housing residents to become more involved in management and homeownership. Chronic Homelessness and Other Special Needs Activities Information in this section comes primarily from the Heading Home Hennepin Plan to End Homelessness and 2012 HUD Continuum of Care(COC)Application, and related documents. The Heading Home Hennepin(HHH) Initiative (10-year plan)to End Homelessness, coordinates the implementation of a housing and service system to meet the needs of homeless individuals, families and unaccompanied youth in Hennepin County by engaging all public and private partners in this system. Annual HHH Initiative/CoC community meetings provide a forum for reviewing this system and for input on new and improved strategies for increasing effectiveness in meeting the needs of individuals and families. The 10-year Plan provides the framework, goals, and service and housing gaps which guide development of new and renewing services through Hennepin 9 2014 Eden Prairie Action Plan County's Consolidated Housing RFP, ESG planning and implementation, CoC funding, Family Homeless Prevention and Assistance Program (FHPAP)planning and implementation, and expansion of Long-term Homeless Group Residential Housing (GRH) and services. One-Year Goals & Action Steps Outreach The Hennepin County Office to End Homelessness (OEH), which is responsible for implementing the HHH plan, has developed the following goals and action steps for outreach to engage homeless individuals, families and unaccompanied youth. The Hennepin Housing Consortium will continue to support the following efforts of the Office to End Homelessness (OEH) as appropriate in suburban Hennepin County. • Ongoing implementation of a 24/7, coordinated system of outreach to unsheltered people. In suburban Hennepin county outreach is done primarily by contact through outreach workers at schools, police departments, domestic abuse shelters, emergency and youth service providers. • Increase medical outreach and access to primary care and mental health services. • Facilitate semi-annual Project Homeless Connect events. • Ongoing operation of Adult Opportunity Center to connect homeless individuals to services and housing opportunities. • Ongoing operation of Youth Opportunity Center to connect homeless youth to services and housing opportunities. Targeted Outreach Veterans • Semi-annual Project Homeless Connect events sponsored by Hennepin County Office to End Homelessness. • Annual "Stand Down" for homeless veterans sponsored by Minnesota Assistance Council for Veterans (MACV). • Collaboration with Minneapolis VA Mental Health Homeless Programs and VISN Coordinator to provide outreach services 3-times/week at the Opportunity Center for Homeless Single Adults, 2-times/week at the Salvation Army Harbor Lights Shelter, and weekly at Sharing & Caring Hands and Simpson Shelters. • VA Mental Health Homeless Progs- "Front Porch Group" meets weekly to provide veterans information on its programs, outreach, transitional and HUD- VASH housing. • VA Mental Health Homeless Prog Mobile Outreach program. • In September 2012, the Minneapolis VA Health Care System opened its Community Resource and Referral Center in downtown Minneapolis. 10 2014 Eden Prairie Action Plan Unaccompanied Youth • Prevention&Rapid Exit services of Catholic Charities Hope Street, Project Offstreets, Teens Alone, Point Northwest, & suburban providers through Northwest Hennepin Human Services Council. • Outreach by Hennepin County's Youth Mental Health Outreach, Youth In-reach Worker for under age 25 youth at adult shelters, drop-in centers & family shelters, &the StreetWorks collaborative. • Increase number of youth outreach workers to suburban-area alternative schools. Housing opportunities & services by Hearth Connection, Avenues Host Homes for GLBT Youth, Host Homes for Suburban Youth,YouthLink housing, The Link housing, 24/7 Scattered-Site Housing(YMCA &The Bridge), & Portico Interfaith Housing Collaborative. • Self-support assistance &training by HIRED, The Link Transitional Living Program, & Summit Academy. • Service Delivery Improvement at annual Youth Connect events, the Youth Opportunity Center, &Youth Service Coordination meetings. Basic needs & services by Oasis for Youth, Center of Hope & Compassion, Full Cycle, & Groveland Food Shelf for Youth. • Continue to enhance the Youth Opportunity Center's resources & coordination. Emergency Shelter& Transitional Housing Needs In 2013, there were 1,984 shelter beds, 374 over-flow shelter beds and 1,124 transitional housing beds for single adults, families and unaccompanied youth in Hennepin County. Hennepin County has a "right to shelter" policy that provides accommodation to shelter for any eligible family who needs it. This is one of only a few such shelter policies of its kind in the country. Because of this policy, Hennepin County does not have any family turn-aways. Hennepin County's existing Family Homeless Prevention& Assistance Program(FHPAP)helps rapidly re-house families that end up in shelter. Annually, over 91% of families served by the Rapid-Exit program do not return to county paid shelter within 12 months. With the exception of expanding shelter and transitional housing beds for unaccompanied youth, and housing for homeless people with complicating chronic or sever health problems, there are no plans to increase the number of shelter or transitional housing beds. Instead,priority is placed on homelessness prevention; rapid re-housing from shelter; increasing the number of supportive housing units, especially for families and unaccompanied youth; and improving upon the existing centralized/coordinated assessment & intake system in place for families accessing publicly funded shelter& assistance. The Hennepin County Consortium will continue to support the following efforts of the Office to End Homelessness (OEH) as appropriate in suburban Hennepin County. 11 2014 Eden Prairie Action Plan • Working with the U of M School of Design to plan an effective & comprehensive assessment system that includes all shelters, Rapid Exit system, housing/service providers. • OEH is working with statewide HMIS staff to create &revise assessment& data tools in HMIS to support coordinated assessment. • OEH along with staff in other Twin Cities metro continuum's of care & youth housing/service providers are meeting to recommend elements for these systems &tools to meet the unique needs & situations of youth; • Take steps to expand coordinated assessment & intake to all families with children(entering both the public &private sectors of the homeless services system) & incorporate this population into the whole coordinated system being implemented. • The Hennepin County Consortium five-year housing goals include 11 emergency shelter beds (youth only.) Over the next year it's anticipated that up to 5 Youth Host Homes will open. • Over the next year, Community Action Partnership of Suburban Hennepin (CAPSH) will use FY2011 & 2012 Emergency Solutions Grant(ESG)funds to provide direct assistance and intense case management services to at least 30 households, or approximately 95 people. The City of Eden Prairie does not have a chronically homeless population. However, we recognize that there are residents at risk of becoming homeless. To prevent these individuals from becoming homeless, the City supports the following CDBG and general fund programs. Emergency Housing Funds: PROP (People Reaching Out to Other People) receives CDBG funds to support their Housing Assistance Program, which helps families/individuals who are homeless or who are at risk of being homeless due to a short-term financial crisis. The goal of the program is to end chronic homelessness while stabilizing families and creating a healthy environment for children. In 2013, PROP spent over$200,000 to prevent homelessness by providing: • 22 homeless households received shelter payments (1-3 night hotel stay) to transition to shelter or other more long term housing support • 223 households (unduplicated) received homelessness prevention funding for rent/deposit/mortgage • Over 2,000 duplicated financial related calls and assessments with the majority requesting housing related payments due to threats of eviction. • 345 referrals to Hennepin County Emergency Assistance alone that is related to help with housing emergencies Transition to Permanent Housing & Independent Living For people who are homeless the transition to permanent housing and independent living often begins with street outreach combined with the Housing First Model or rapid exit(re-housing) from emergency shelter. As of August 2012, there were 988 12 2014 Eden Prairie Action Plan households housed through Hennepin County's Housing First Collaborative. Many of them were chronically homeless. Annually, over 91% of families served by the Rapid- Exit program do not return to county paid shelter within 12 months Hennepin County has a "right to shelter" policy that provides accommodation to shelter for any eligible family who needs it. This is one of only a few such shelter policies of its kind in the country. Because of this policy, Hennepin County does not have any family turn-aways. Hennepin County's existing Family Homeless Prevention& Assistance Program (FHPAP)helps rapidly re-house families that end up in shelter. To help ensure housing opportunities are available; • The Hennepin County Consortium five-year housing goals include 236 beds/units of permanent supportive housing. Further, the Hennepin County Consortium will continue to support the following efforts of the Office to End Homelessness (OEH) as appropriate in suburban Hennepin County. Existing transitional housing programs are designed to help people transition from homelessness to some type of permanent housing. Annually, HUD-COC funded programs are evaluated to assess outcomes against goals for the percent of people that exit to some type of permanent housing. The current HUD goal is 65%. Historically, programs in Hennepin County have exceeded this HUD goal. Last year 73% of people that left a transitional housing program moved to permanent housing. To maintain or exceed the current outcome, over the next year, the OEH Heading Home Hennepin Housing Committee will work with transitional housing programs to: • Assist clients in fully utilizing opportunities for financial assistance, education, job training, employment services, health& other services to increase their skills and income to support greater self-determination and housing choice. • Assist clients to access safe, affordable permanent housing in a community of their choice & offer follow-up services as needed. • Facilitate funding applications by eligible organizations for capital and rental subsidies to expand the supply of affordable supportive and affordable housing units. • Encourage improved housing outcomes through enhanced program evaluation, training & other methods. Shortening the period of time that people experience homelessness: • Comprehensive Rapid Exit from Shelter services are provided within 7-days of entering shelter to individuals and families. • Emergency shelters in Hennepin County that participate in Minnesota's Homeless Management Information System(HMIS), information on the length of time in shelter is captured and tracked. The Office to End Homelessness plans to take steps over the next 12 months to encourage and assure greater participation of shelters in HMIS. 13 2014 Eden Prairie Action Plan • Hennepin County's Family Homeless Prevention and Assistance Program (FHPAP) also measures the number of households that re-enter shelter within 12 months of exit from FHPAP programming. Once a household is enrolled in FHPAP, providers track how long it takes from a household's FHPAP entry date to the date the household receives housing. Tracking both the length of homelessness prior to program entry and the length of time it takes to obtain housing once enrolled in FHPAP gives providers a more comprehensive picture of the household's overall length of homelessness. • Hennepin County also tracks any return to shelter for households housed & served by locally funded providers. Stable sources of income, through cash and non-cash benefits including earned income, are important to creating and maintaining permanent housing stability and independent living. Annually, HUD-COC fund programs are evaluated to assess the percentage of participants that exit the program with these benefits. Over the next year work will continue to increase the percentage of participants in HUD-COC funded programs who receive mainstream benefits by continuing to target training to program staff on various types of benefits. One example is the quarterly training on SOAR benefits that's currently done. Other training is regularly done on various types of disability benefits and Veteran's benefits. Veterans & Unaccompanied Youth- The Heading Home Hennepin Plan and Continuum of Care identify goals and actions to assist homeless veterans and unaccompanied youth make the transition from homelessness to permanent housing and independent includes the following; Veterans • Semi-annual Project Homeless Connect events sponsored by Hennepin County Office to End Homelessness. • Annual "Stand Down" for homeless veterans sponsored by Minnesota Assistance Council for Veterans (MACV). • Collaboration with Minneapolis VA Mental Health Homeless Programs and VISN Coordinator to provide outreach services at the Opportunity Center for Homeless Single Adults, the Salvation Army Harbor Lights Shelter, and at Sharing & Caring Hands and Simpson Shelters. • VA Mental Health Homeless Programs- "Front Porch Group" open to the public meets weekly to provide veterans information on its programs, outreach, transitional and HUD-VASH housing. • VA Mental Health Homeless Program Mobile Outreach program. • The newly opened Minneapolis VA Health Care System Community Resource and Referral Center in downtown Minneapolis. • Create new transitonal and supportive housing opportunities targeted to veterans. 14 2014 Eden Prairie Action Plan Unaccompanied Youth • Prevention&Rapid Exit services of Catholic Charities Hope Street, Project • Offstreets, Teens Alone, Point Northwest, & suburban providers through Northwest Hennepin Human Services Council. • Outreach by Hennepin County's Youth Mental Health Outreach, Youth In-reach Worker for under age 25 youth at adult shelters, drop-in centers & family shelters, &the StreetWorks collaborative. • Housing opportunities & services by Hearth Connection, Avenues Host Homes for GLBT Youth, Host Homes for Suburban Youth, YouthLink housing, The Link housing, 24/7 Scattered-Site Housing(YMCA &The Bridge), &Portico Interfaith Housing Collaborative. • Self-support assistance &training by HIRED, The Link Transitional Living Program, & • Summit Academy. Service Delivery Improvement at annual Youth Connect events, the Youth Opportunity Center, &Youth Service Coordination meetings. Basic needs & services by Oasis for Youth, Center of Hope & Compassion, Full Cycle, & Groveland Food Shelf for Youth. • The CoC will continue these efforts & anticipates new opportunities by the Housing First Partnership. The Youth Opportunity Center's resources & coordination will continue to be enhanced. • Hennepin County was selected as one of 9 jurisdictions nationally to conduct a special Homeless Youth Count in January 2014 Point-In-Time Count, bringing several stakeholders to the table to enhance our understanding of youth homelessness. The Eden Prairie school district provides consistent education to students who may be homeless. Eden Prairie schools have a Homeless Liaison who coordinates transportation and food service for students who may need to remain in Eden Prairie schools, but are in shelters or other placements outside of the district boundaries. The Eden Prairie school district currently has approximately 25 homeless students. The City is working to increase the supply of supportive housing in Eden Prairie. The City participates with an agency called Avenues for Youth, which operates a "Host Home" program to provide long term housing for chronically homeless youth, which will enable the youth to remain in the school district. The "Host Home" program uses volunteer families who are willing to open their home to a homeless youth. The family has to participate in a screening process and attend a training program before they are paired with a homeless youth. Currently, Eden Prairie has two families participating in the program, one is paired with a youth, the other is anticipating a pairing in 2014. Prevention Among Individuals & Families Prevention of homelessness is a high priority in the Heading Home Hennepin Plan to End Homelessness and a critical component in the County's Continuum of Care. The following goals are included in current plans and priorities: 15 2014 Eden Prairie Action Plan • Include Homeless Prevention assistance and services in ESG plans. To support this goal, approximately$97,000 of 2011 ESG(Phase II) and 2012 Emergency Solutions Grant(ESG)funds will be used for homeless prevention services and financial assistance over the next year. Approximately 23 households will be assisted. • Expand Hennepin County's Family Homeless Prevention Assistance Program for single adults, youth, and families with children. • Adopt a zero tolerance policy for discharging people from public systems into homelessness. • Increase conflict resolution and other services for at-risk youth and their families. • Prevent and end homelessness for refugee individuals and families. • Align Emergency Assistance funds and Emergency General Assistance funds with other homelessness resources. • Preserve existing affordable housing and increase the number of units &beds that are affordable to households at or below 30% of AMI. • Mitigation of foreclosure impact through prevention and remediation. The City of Eden Prairie has seen an uptick in the number of senior citizen homeowners who have hording issues to such an extreme that the Fire Department has to issue clean-out Orders. Properties not cleaned out to Fire Department specifications will be condemned, leaving the homeowner at risk of homelessness. The Housing & Community Services staff works in collaboration with a senior social worker from Senior Community Services, staff from the Fire and Police Departments, and Building Inspections to devise an action plan to help the elderly homeowner comply with the Order and remain in the home. Discharge from Publically-funded Institutions Foster Care: Hennepin County Human Services &Public Health Dept(HSPHD) approved a "Transition Policy and Protocol for Youth Ages 16 and Over in Foster Care." (6-19-09) The policy, consistent with State mandated policies, applies to all children in placement where HSPHD is legally responsible for the care &placement of the child. This policy assures that transition&, when appropriate, independent living planning is completed for each youth in the care of HSPHD, including plans for appropriate housing & employment options. State policy mandates that the agency assures that"the child has obtained affordable housing with necessary supports, which does not include a homeless shelter" and that the youth can petition to remain in foster care until age 21. Therefore, HSPHD case managers & contracted youth service &housing providers work to transition these youth into appropriate housing. Existing protocols ensure that people are not discharged from publically-funded institutions or systems of care directly into HUD McKinney- Vento homeless assistance programs. 16 2014 Eden Prairie Action Plan Health Care: Hennepin County's Adult Discharge Policy& Planning Coordinator works with the Social Work Manager at Hennepin County Medical Center(HCMC)to assist patients who were homeless prior to being admitted find appropriate housing prior to discharge. Discharged patients with minor medical recuperation needs are referred to SA Harbor Lights medical respite facility. Case Managers work with many of these patients to move into permanent housing with Group Residential Housing subsidies. The Hennepin Health program(Accountable Care Organization) works with County Human Services to address post-discharge housing & service needs of homeless persons with chronic or major medical needs to stabilize housing &prevent re-hospitalization. With a"Money Follows the Person" grant, MN plans to transition about 2,000 people from health care facilities to the community. Existing protocols ensure that people are not discharged from publically-funded institutions or systems of care directly into HUD McKinney-Vento homeless assistance programs. Mental Health Care: Protocol is in place to prevent discharging people to a shelter or streets from a state regional mental health facility. Per state mandate all persons committed to any treatment facility are assigned a mental health case manager through the home county of the person discharged. Discharge planning begins during the commitment process & continues through discharge. Housing stability remains a part of the treatment plan after discharge. The case manager assists in locating appropriate housing. Hennepin County's Adult Discharge Policy& Planning Coordinator works with the Adult Discharge Planning Committee to develop & implement appropriate protocols for homeless patients discharged from the Hennepin County Medical Center and publically supported residential treatment facilities. The Mental Health discharge protocol will help ensure that people are not discharged from publically-funded institutions or systems of care directly into HUD McKinney-Vento homeless assistance programs. Corrections: Minnesota Dept of Corrections (DOC) completes intake on entry& assesses eligibility for county services & income supports. For those homeless upon entering, a correctional officer will coordinate with County personnel for housing search assistance. Hennepin County's Adult Discharge Policy& Planning Coordinator works with the Transition Coordinators for County Corrections Dept. &MN DOC, MN Dept. of Human Services-At Risk Adults Network, DOC Re-Entry Coordinator, DOC Transition Coalition Group, MN Comprehensive Offender Reentry Plan,&Amicus. To facilitate Hennepin County discharges & prevent homelessness, a community-based Discharge Planning Collaborative group works to better align resources & coordinate services & available housing. The Discharge Planner& other representatives of the CoC also attend Re-entry resource fairs at state correctional facilities with information on CoC resources. Existing protocols ensure that people are not discharged from publically-funded institutions or systems of care directly into HUD McKinney- Vento homeless assistance programs. 17 2014 Eden Prairie Action Plan Receiving Assistance from Public & Private Agencies Stable sources of income, through cash and non-cash benefits including earned income, are important to creating and maintaining housing stability and independent living. 1) Each HUD-COC funded program has specialized staff whose primary responsibility is to identify, enroll, and follow-up with homeless persons on participation in mainstream programs. In addition, HMIS is used to screen eligibility for mainstream benefits. 2) Providers supply transportation assistance to clients to attend mainstream benefit appointments, employment training, or jobs. 3) Providers use a single application form for four or more mainstream programs and staff systematically follow-up to ensure mainstream benefits are received. 4) HUD-COC fund programs are evaluated annually to assess the percentage of participants that exit the program with these benefits. 5) Over the next year work will continue to increase the percentage of participants in HUD-COC funded programs who receive mainstream benefits by continuing to target training to program staff on various types of benefits. One example is the quarterly training on SOAR benefits that's currently done. Other training is regularly done on various types of disability benefits and Veteran's benefits. Activities Addressing Housing & Supportive Service Needs of Persons with Special Needs The Hennepin County Consortium 2010-14 Five-Year Plan identified a goal for 175 units to meet the supportive housing and service needs of non-homeless persons with special needs including; frail elderly, severe mental illness, developmentally disabled, physically disabled,persons with alcohol/other drug addictions and,persons with HIV/AIDS. As of June 30, 2012 thirty(30) housing units have been created. Nine (9) for persons with mental illness and twenty-one (21) for developmentally disabled persons. Remove Barriers to Affordable Housing Eden Prairie uses many strategies to remove barriers to affordable housing. By using the land trust model,these properties remain affordable for 99 years. The City uses Tax Increment Financing(TIF) and other tools to help incent developers to build multi-family developments in Eden Prairie. City policy requires developers who receive public financing to set aside 20% of the units as affordable at the 50%Area Median Income (AMI). The City works with developers to incorporate affordable housing in all new proposed developments. The City uses CDBG funds in the single family home rehabilitation program to help homeowners keep their properties viable and structurally sound. Without the home rehabilitation program, some of our residents, particularly senior citizens, could not afford to make the repairs which are necessary to stay in their homes. 18 2014 Eden Prairie Action Plan The City of Eden Prairie allocates general funds for social services programs. These programs support people who are currently homeless, facing homelessness or have other special needs. Antipoverty Strategy The following are actions the City of Eden Prairie is taking to reduce the number of poverty level families • Collaborating with and funding social service agencies in the community that assist families toward self-sufficiency. • Partnering with nonprofits to offer financial management and budgeting classes for the immigrant community, particularly who have accessed financial support in the past. • Job coaching program to assist poverty level adults in finding jobs, particularly those who have barriers with technology. • Providing assistance to help poverty level families find affordable housing. • Pursuing microenterprise pilot program to assist poverty level families in launching small businesses. • Raising the visibility of support services in the community so that families in need can find the help they need to move out of poverty. • Educating the broader population about the needs of poverty level families in the community and holding collaborating events to work together to meet these needs and assist families in becoming self-sufficient City funded (non-CDBG funds) programs for homeless and special needs populations The Following programs, funded by the City of Eden Prairie's general fund, also support the Continuum of Care initiatives Cornerstone Advocacy Services provides services to victims of domestic violence, including emergency shelter, transitional housing, legal services and counseling. The City of Eden Prairie's contract with Cornerstone for the 2014 budget year is $31,000. Teens Alone, serves at-risk homeless youth, families and runaways with services that include shelter, counseling and crisis intervention. Teens Alone goal is to reunite youth with their families. If reunification is not possible, Teens Alone helps provide a safe, decent living situation. The City of Eden Prairie's contract with Teens Alone for the 2014 budget year is $13,000. City staff has taken a leadership role in the implementation of a program called"Host Home"which matches homeowners with homeless teens to provide safe housing within the community. Meals on Wheels, serves Eden Prairie elderly and disabled residents. The City of Eden Prairie's contract with Meals on Wheels for the 2014 budget year is $6,000. 19 2014 Eden Prairie Action Plan YMCA, provides an after school youth leadership development program for at risk youth in grades 7-12. The City of Eden Prairie's contract with the YMCA for the 2014 budget year is $20,000. Family Center Plus, provides support, information, crisis intervention and connections that help families stabilize in the Eden Prairie community. The City of Eden Prairie's contract with Family Center Plus for the 2014 budget year is $15,000. Senior Community Services, serves Eden Prairie senior citizens with services such as outreach, assessment, care/service coordination and family consultations. The City of Eden Prairie's contract with Senior Community Services for the 2014 budget year is $31,000. People Reaching out to Other People (PROP), provides a food shelf and emergency services to low income residents of Eden Prairie. The City of Eden Prairie's contract with PROP for the 2014 budget year is $32,000. HOME Line, provides a Tenant Hotline which provides legal advice and advocacy for tenants and tenant education to first time renters. The City of Eden Prairie's contract with HOME Line for the 2014 budget year is $5,000. Kajoog, provides leadership development for at risk Somali youth in Eden Prairie. The City of Eden Prairie's contract with Kajoog for the 2014 budget year is $5,000. Immigrant Services Contracted Employee The City contracts for a part time position titled"Human Services Technician"to provide resources, referrals, and assistance related to housing and community services. The City of Eden Prairie's contract for the Immigrant Services Technician for the 2014 budget year is $26,000. The primary position responsibilities and areas of impact are: 1) Works with clients to provide resources, referrals, and assistance related to housing and human services such as community orientation, housing issues, education, employment and citizenship. 2) Educates the public on immigrant issues through speaking engagements with various community groups. 3) Facilitates and/or provides resources and support to various immigrant groups and special events. 4) Provides assistance to other City departments on immigrant issues including providing cultural information, conflict resolution, and translation. The City of Eden Prairie will continue to work in partnership with social services agencies, the faith community, business and civic organizations to address the needs of persons experiencing homelessness and other special needs. The City recognizes that access to transportation services is a critical need for low/moderate income residents of 20 2014 Eden Prairie Action Plan Eden Prairie, and allocates a significant amount of staff time to research solutions and options. Other Activities Low Income Minority Concentration: Two project based Section 8 apartment complexes comprise the population of the low income minority concentration. One of these complexes, located in the northern portion of Eden Prairie, is Briarhill with 126 units. The other Section 8 complex, located in the southern portion of Eden Prairie, is Prairie Meadows with 168 units. The City funds social service programs to provide onsite services within these developments. These services include parent education classes, tutoring, Meals on Wheels, and various programs. Managers from these complexes participate in the City's Property Manager's Group. Rental Housing Inspection Program: the City has started an annual inspection of single family rental properties to determine Code compliance and health or safety violations that need correction. This program ensures that rental properties are well maintained and that no substandard rental units are licensed in the City. Apartment Property Managers Group: The City facilitates a group of rental property and apartment managers that meet quarterly to discuss issues, receive updates and training on topics related to fire and life safety, crime prevention, inspections, social services and so forth. These meetings are well attended and have fostered a spirit of cooperation among and between the property managers and the City services. Human Services Review Committee: This committee is comprised of City staff from a variety of departments, including Housing and Human Services, Zoning Enforcement, Police, Administration and Parks and Recreation. This group meets monthly to work on issues related to housing and human services. Each year, this committee reviews requests for funding from service providers and makes funding recommendations to the City Council. There are two sources of funding for human services, the City's general fund ($160,000 in 2014) and CDBG. The recommendations are based on review of written proposals, site visits and other methods to determine the quality of the service and the overall value to the community. Human Rights and Diversity Commission: The Human Rights and Diversity Commission acts in an advisory capacity to the City on matters of diversity, civil and human rights and the Americans with Disabilities Act. The Commission has been involved in such important social issues as identifying needs of the immigrant population and finding solutions to "bullying"in local schools. FamiLink Resource Center: Through a partnership with the Eden Prairie School District, the City houses the FamiLink Resource Center, a resource and referral center for all residents and businesses. FamiLink has been successful in launching many new initiatives, including an English Language Learner (ELL) class for employees of the Eden Prairie Center, and stores within the center, and a work readiness program which 21 2014 Eden Prairie Action Plan pairs people looking for work with volunteer mentors who help with resumes, job applications and mock interviews. Transportation Committee: Housing and Human Services staff coordinates a group of local services providers who meet monthly to address transportation issues within the City. This partnership has resulted in the "Shopping Bus" which provides weekly transportation to seniors and handicapped people living in apartments to selected shopping destinations. The City of Eden Prairie Homeowner's Association Improvement Grant Program: HAIG offers matching grants in an amount up to $50,000 to homeowner's associations in Eden Prairie, whose individual residential owners meet certain income requirements. The grants provide funds for housing improvements for those with low to moderate income that might not otherwise be able to afford the rehabilitation. The goals of this program are to make energy efficient repairs, address accessibility issues and keep the affordable housing stock in Eden Prairie viable into the future. This program uses funds from TIF districts that have decertified. Housing Improvement Areas (HIA) The City of Eden Prairie completed its first HIA in 2013. An HIA is a financing program offered to Home Owners Associations (HOA) to make necessary structural improvements for which no other funding is available. The City provides the financing and is reimbursed through property tax assessments over a fifteen year period. The City believes this tool will be used more often in the future as the housing stock begins to age and HOA's are seeking assistance with needed repairs. Monitoring Actions In order to ensure that the City is meeting its goals and objectives and remaining in compliance with federal regulations, several items have been incorporated into the City's CDBG Program. Subrecipient Agreements For activities carried out by subrecipients, the City enters into a subrecipient agreement with the organization. This agreement covers several items, including: a scope of services, a term for expenditure of the funds, compliance with federal regulations, record-keeping, and others. Subrecipient Monitoring In addition to receiving reports, City staff from the office of Housing and Community Services also conduct an onsite monitoring visit of each subrecipient. These onsite monitoring visits consist of review of files for compliance with federal regulations, general program review with the subrecipient, and follow-up after to ensure any problems found are being resolved. In addition to on-site monitoring, the City 22 2014 Eden Prairie Action Plan periodically reviews all of its active files to make certain subrecipients are expending their funds in a timely manner. As new projects and subrecipients are added the same staff from Housing and Community Services will conduct the monitoring. The primary goals of monitoring subrecipients are to: 1) Ensure production and accountability, 2) Ensure compliance with CDBG and other state and federal requirements and the subrecipient agreement, and 3) Evaluate organizational and project performance 4) Gain a better understanding of the organization The monitoring consists of review of files for compliance with federal regulations, general program review with the subrecipient, and follow-up after to ensure any problems found are being resolved. The City conducts the desk review at least two weeks prior to the site visit. All reviews, conclusions, and follow up are finalized within one month of the on-site visit, through written correspondence in order to have permanent documentation. The desk review examines information and materials provided to the City by the subrecipient, as a means to track performance and identify potential problem areas. Some of the items reviewed during the desk review include: progress reports, copies of audits, internal control and management letters,program budget, activity summary, project status,budget, drawdown requests, proof of compliance, verification of clients' status and income, and others. There are four basic steps to the on-site visit: 1) entrance conference, 2) data gathering and analysis, 3) exit conference, and 4) follow-up. A monitoring form, including checklists are filled out by City staff while at the on-site visit. This form includes reporting requirements, performance evaluation, recordkeeping, fair housing and equal opportunity, financial information, organizational information and other procedural requirements as outlined in the subreceipient agreement. The monitoring is done by City staff who administer the CDBG program. Because of the limited number of subreceipients the City has, as new subreceipients are added or other subreceipients are deleted, staff adjusts their workloads accordingly. Currently there is enough staff to take on the monitoring of all subrecipients; however, this will be reevaluated in the future if staff is not able to keep up its monitoring activities. In addition to the desk review and on-site monitoring, the City periodically reviews all of its active files to make certain subrecipients are expending their funds in a timely manner. If they are not expending their funds in a timely manner, the City provides a written letter to the subrecipient reminding them of their responsibilities to timely spend the funds. During any part of the subreceipient monitoring process, if there is a deficiency found then it is noted and included as part of the final monitoring report issued. If the deficiency arises during the program year, and not during the monitoring period, 23 2014 Eden Prairie Action Plan written notice is given to the subrecipient of the deficiency. In both cases a timeframe for correcting the deficiency is given (usually 30 days) at which time the City will re- review the deficiency. If there are continued problems or a serious problem, then further review is done and recommendations are made for City council action. All subrecipient monitoring reviews, whether through the formal desk review and on- site visit or through a periodic review of documents throughout the year, are kept track of in the subrecipients files. Timetable for Completing Monitoring Monitoring of all subrecipients is completed every two years,unless a subrecipient is underperforming or other concerns arise. This may cause the office of Housing and Community Services to conduct an earlier monitoring. All public service subrecipients will be monitored during FY2013. Monitoring Forms The City uses the Monitoring Checklist to ensure that all parts of the monitoring process are followed. The City uses a Subrecipient Monitoring Program On Site Review form during the monitoring. Both forms are kept in the subrecipients file at the City. Monitoring Follow-Up The City responds to the subrecipient with a follow up letter within 30 days of the on site monitoring. The subrecipient has 30 days to respond to the City and correct any findings. If no corrective action is taken by the subrecipient, the City has the right to terminate the contract as stated in section 9 of the subrecipient agreement. Management of Monitoring Oversight of the monitoring is the responsibility of the Manager of Housing and Community Services. It is the managers duty to report all monitoring procedures and outcomes to the City manager. Documentation of Monitoring The monitoring form is completed and a follow up letter is sent to the subrecipient. Both of these documents are kept in the subrecipient's file and may be accessed for review by a third party after completion of the City's data request form. Timeliness On a monthly basis, the City monitors it's CDBG allocation to ensure that it is meeting its timeliness compliance. Each program year, the City develops a spreadsheet so that 24 2014 Eden Prairie Action Plan it can monitor the funds it expends on a monthly basis making it easy to to see how much money must be spent in order to remain in compliance. The City of Eden Prairie requests that all subrecipients invoice the City quarterly. This will enable the City of Eden Prairie to insure that the subrecipients are meeting their goals and objectives and that they are expending their funds in a timely manner. CAPER Report Annually, the City prepares the Consolidated Annual Performance and Evaluation Report(CAPER)that is required by HUD and included in the Hennepin County Consortium's CAPER. Other Actions As described in the Public Housing section, the City of Eden Prairie does not have oversight of and is not involved in the operation of public housing units, and therefore does not have a plan to address public housing improvements and resident initiatives. However, the City recognizes the new trend in single family homes becoming rental properties. Once owner occupied, the properties are acquired by investors and become rental, often Section 8 certified. When neighborhood issues arise the City's Housing & Community Services staff assess the situation and work with neighbors to help resolve the problems. Further, to help property owners understand the responsibilities of being a landlord, staff organized training for landlords, presented by an attorney from HomeLine, the tenant advocacy agency. The presentation was very well received and will become an annual initiative. The proposed actions the City of Eden Prairie will take to reduce the number of persons below the poverty line are seen in the public services programs we fund, both with our general funds and CDBG funds, which promote self-sufficiency. Funded social services programs such as the vehicle repair program, the emergency housing assistance program, Meals on Wheels, and others listed several times throughout this Action Plan have the common theme of helping people become or remain self sufficient. Helping people become or remain self-sufficient will reduce the likelihood that they will fall below the poverty line. Evaluating and Reducing Lead Based Paint Hazards In order to comply with the Lead-Safe Housing Rule, all homes built prior to 1978 will be tested for lead through the Hennepin County Housing, Community Works and Transit Lead Hazard Control. If lead hazards are found, they must be corrected and a clearance report must be completed. This process is completed following HUD regulations and guidelines. A significantly larger portion of Eden Prairie's housing stock was built after 1978, however, as redevelopment plans take place, the issue of reducing lead-based paint hazards will become more prominent. 25 2014 Eden Prairie Action Plan Resources Available to Address Community Development and Housing Needs Federal Resources • CDBG: The City of Eden Prairie uses CDBG funds to provide affordable rental and homeownership options. Using CDBG funding, the City has worked with developers to set aside affordable rental units in apartment complexes. The City has worked with the West Hennepin Affordable Housing Land Trust (WHAHLT) to construct five new town homes in a new development. The City currently funds a first time homebuyer program to help low/mod income people purchase affordable homes. CDBG Funds will be used to rehabilitate eight single family homes throughout the City. Eligible repairs include interior and exterior repairs. • Section 8: The City of Eden Prairie does not directly receive Section 8 funding. Eden Prairie's Section 8 Program is administered by Metropolitan Council Housing and Redevelopment Authority(HRA). State of Minnesota Resources • Minnesota Housing Finance Agency (MHFA): This agency provides first-time homebuyer programs, housing rehabilitation programs, and development and redevelopment financing through their Consolidated Request for Proposals (RFP) process. Since 1999, 117 loans have been made through the Minnesota City Participation Program (MCPP) First-Time Homebuyer Program to Eden Prairie residents. • Metropolitan Council Family Affordable Housing Program (FAHP): The City of Eden Prairie agreed to allow the Metropolitan Council to acquire, own, manage and operate up to 20 properties as public housing units in Eden Prairie. Currently, there are 19 units in Eden Prairie located in various developments throughout the City and there are no more than two units in any one development. Local Resources • Tax Increment Financing (TIF): The City has TIF agreements with developers of rental housing complexes to provide affordable rental for low/moderate income residents. Over 200 affordable units are in apartments, townhomes and senior living complexes spread across Eden Prairie. 26 2014 Eden Prairie Action Plan TABLE 3B -ANNUAL HOUSING COMPLETION GOALS Grantee Name: Eden Prairie Expected Annual Actual Annual Resources used during the period Number of Units Number of Units Program Year: 2014 To Be Completed Completed CDBG HOME ESG HOPWA ANNUAL AFFORDABLE HOUSING GOALS (SEC. 215) Homeless households ❑ ❑ ❑ ❑ Non-homeless households ❑ ❑ ❑ ❑ Special needs households ❑ ❑ ❑ ❑ ANNUAL AFFORDABLE RENTAL HOUSING GOALS (SEC. 215) Acquisition of existing units ❑ ❑ ❑ Production of new units ❑ ❑ ❑ Rehabilitation of existing units ❑ ❑ ❑ ❑ Rental Assistance 20 X ❑ ❑ Total Sec.215 Affordable Rental 20 X ❑ ❑ ❑ ANNUAL AFFORDABLE OWNER HOUSING GOALS (SEC. 215) Acquisition of existing units 1 X ❑ Production of new units ❑ ❑ Rehabilitation of existing units 6 X El Homebuyer Assistance 2 X ❑ ❑ Total Sec.215 Affordable Owner 9 X ❑ ❑ ❑ ANNUAL AFFORDABLE HOUSING GOALS (SEC. 215) Acquisition of existing units ❑ ❑ ❑ Production of new units ❑ ❑ ❑ Rehabilitation of existing units ❑ ❑ ❑ ❑ Homebuyer Assistance ❑ ❑ ❑ Total Sec.215 Affordable Housing ❑ ❑ ❑ ❑ ANNUAL HOUSING GOALS Annual Rental Housing Goal 20 X ❑ ❑ ❑ Annual Owner Housing Goal 9 X ❑ ❑ ❑ Total Annual Housing Goal 29 X ❑ ❑ ❑ 27 2014 Eden Prairie Action Plan City of Eden Prairie Community Development Block Grant Performance Measurement System 2014 1 STRATEGY A11111, GOALS INPUTS ACTIVITIES OUTPUTS UTCOMES 2.0 Existing Homeowners • Preserve Existing • $104,150 of CDBG • Housing Rehabilitation • 6 rehabilitated homes • 6 households will receive housing Housing Stock • $70,000 of CDBG • Accessibility Improvements rehabilitation,accessibility improvements program income • Emergency Repairs and/or emergency repairs for the purpose (projected) of maintaining decent affordable housing • .5 staff member to administer housing rehabilitation program 3.0 Affordable Hosuing • Create new • $55,000 of CDBG • Provide funds for the acquisition of • 1 household assisted- • 3 households will have new access to homeownership • $50,000 of prior year's property by WHAHLT to be sold to WHAHLT. homeownership for the purpose of creating opportunities. Program Income income eligible people • 2 households assisted-First Time decent affordable housing • .5 staff member to • Provide down payment assistance, Homebuyer administer program closing cost assistance and mortgage principle reduction. 6.0 Family Services • Emergency Housing • $41,000 of CDBG • Provide emergency funds for rent, • 20 families kept from • 20 families will be able to stay in current • Child Care mortgage,to prevent homelessness homelessness or displacement housing,increasing family stability, • Vehicle Rrepair • Provide access to quality and • 40 children receive day care preventing families from going to homeless affordable child care assistance shelters. • Provide tenant counseling services 12 households will receive • 40 children will have access to affordable • Provide emergency funds for vehicle emergency vehicle repairs childcare allowing parents to work or seek repairs employment • 12 families will receive help getting their vehicles repaired,preventing them from missing work or losing their jobs due to transportation needs. 7.0 Senior Services • Help for seniors to • $9,000 of CDBG • Provide seniors with homemaker and • 35 residents will receive • 35 residents will receive maintenance, stay independent. maintenance chore services. household services. chore services and homemaking assistance to help keep them living independently. 28 2014 Eden Prairie Action Plan U.S. Department of Housing OMB Approval No.2506-0117 and Urban Development (Exp.4/30/2011) Table 3C Consolidated Plan Listing of Projects Jurisdiction's Name City of Eden Prairie Priority Need High Project Affordable Housing Activity West Hennepin Affordable Housing Land Trust Description CDBG funds are used for acquisition of the affordable property by West Hennepin Affordable Housing Land Trust(WHAHLT) and then sold to a low/mod income eligible buyer. WHAHLT retains ownership of the property on which the home sits, thereby assuring that it will remain an affordable property for a term of 99 years. Objective category: ❑ Suitable Living Environment X Decent Housing ❑ Economic Opportunity Outcome category: ❑ Availability/Accessibility X Affordability ❑ Sustainability Location/Target Area: City Wide-Eden Prairie, MN Specific Objective Project ID Number Funding Sources: DH 2.1 CDBG $55,000 HUD Matrix Code CDBG Citation ESG 1 570.201(a) HOME Type of Recipient CDBG National Objective HOPWA Nonprofit 570.208(a) (3) Total Formula Start Date Completion Date Prior Year Funds 07/01/2014 06/30/2015 Assisted Housing Performance Indicator Annual Units PHA Housing Units 1 Other Funding Local ID Units Upon Completion Total $55,000 1 The primary purpose of the project is to help:❑ the Homeless❑ Persons with HIV/AIDS❑ Persons with Disabilities❑ Public Housing Needs U.S. Department of Housing OMB Approval No.2506-0117 and Urban Development (Exp.4/30/2011) Table 3C Consolidated Plan Listing of Projects Jurisdiction's Name City of Eden Prairie Priority Need High Project Affordable Housing Activity Eden Prairie First Time Homebuyer Program Description The Eden Prairie First Time Homebuyer Program offers a zero interest, deferred loan with the city of Eden Prairie holding a second mortgage on the property. The deferred loan helps first time homebuyers offset the cost of purchasing a home by providing assistance with down payment, closing costs, and mortgage principle reduction. Repayment of the loan is required when the home is sold or no longer homesteaded within the first 30 years. After 30 years, the loan becomes due and payable. Funds will be used to assist two low mod income households to purchase their first home. Financial assistance will be provided up to $25,000 using prior year's program income. Objective category: n Suitable Living Environment X Decent Housing n Economic Opportunity Outcome category: ❑ Availability/Accessibility X Affordability ❑ Sustainability Location/Target Area: City Wide-Eden Prairie, MN Specific Objective Project ID Funding Sources: Number CDBG DH 2.1 ESG HUD Matrix Code CDBG Citation HOME 13 570.201(n) HOPWA Type of Recipient CDBG National Objective Total Formula Nonprofit 570.208(a) (3) Prior Year Funds $50,000 Start Date Completion Date Assisted Housing 07/01/2014 06/30/2015 PHA Performance Indicator Annual Units Other Funding Households 2 Total $50,000 Local ID Units Upon Completion 2 The primary purpose of the project is to help: n the Homeless n Persons with HIV/AIDS n Persons with Disabilities n Public Housing Needs U.S. Department of Housing OMB Approval No.2506-0117 and Urban Development (Exp.4/30/2011) Table 3C Consolidated Plan Listing of Projects Jurisdiction's Name City of Eden Prairie Priority Need High Project Housing Rehabilitation Loan Activity Single Family Rehabilitation Description During the 2014 grant year, the City of Eden Prairie expects to rehabilitate 6 owner-occupied homes through the Housing Rehabilitation Loan Program. The program provides up to $30,000 for eligible repairs through a interest free, deferred loan, payable after 30 years or when the property is sold. Applications are accepted year round on a"first come, first served"basis. Applicants qualify based on their household income and the amount of equity in their home. Objective category: ❑Suitable Living Environment X Decent Housing ❑ Economic Opportunity Outcome category: ❑ Availability/Accessibility ❑ Affordability X Sustainability Location/Target Area: City Wide - Eden Prairie, MN Specific Objective Project ID Funding Sources: Number CDBG $104,150 DH 3.2 ESG HUD Matrix Code CDBG Citation HOME 14A 570.202 HOPWA Type of Recipient CDBG National Objective Total Formula $104,150 City 570.208(a)(3) Program Income $ 70,000 Start Date Completion Date 07/01/2014 06/30/2015 Assisted Housing Performance Indicator Annual Units PHA Households 6 Other Funding Local ID Units Upon Completion Total $174,150 6 The primary purpose of the project is to help:0 the Homeless 111 Persons with HIV/AIDS 0 Persons with Disabilities 111 Public Housing Needs U.S. Department of Housing OMB Approval No.2506-0117 and Urban Development (Exp.4/30/2011) Table 3C Consolidated Plan Listing of Projects Jurisdiction's Name City of Eden Prairie Priority Need High Project Emergency Housing Assistance Activity People Reaching Out to Other People (PROP) Description Due to a change in the economy, PROP has seen an increased need for mortgage and rental assistance. The Emergency Housing Assistance Program, offered by PROP, will serve approximately 20 households,by providing emergency mortgage and rent payments for up to three months, keeping them from the threat of homelessness or displacement. Objective category: X Suitable Living Environment Decent Housing ❑ Economic Opportunity Outcome category: ❑ Availability/Accessibility Affordability X Sustainability Location/Target Area: City Wide—Eden Prairie, MN Specific Objective Project ID Number Funding Sources: SL 3.1 CDBG $20,000 HUD Matrix Code CDBG Citation ESG 05Q 570.201(e) HOME Type of Recipient CDBG National Objective HOPWA Nonprofit 570.207(b)(4) Total Formula $20,000 Start Date Completion Date Prior Year Funds 07/01/2014 06/30/2015 Assisted Housing Performance Indicator Annual Units PHA Households 20 Other Funding Local ID Units Upon Completion Total $20,000 20 The primary purpose of the project is to help:0 the Homeless 111 Persons with HIV/AIDS 0 Persons with Disabilities 111 Public Housing Needs U.S. Department of Housing OMB Approval No.2506-0117 and Urban Development (Exp.4/30/2011) Table 3C Consolidated Plan Listing of Projects Jurisdiction's Name City of Eden Prairie Priority Need High Project Child Care Services Activity Childcare Description The Southdale YMCA and District 272 provide low-income Eden Prairie parents, who may be working or attending school, with child care fee assistance. Both organizations provide safe, structured, and affordable child care services before and after school, all day during summer, and when school's out for Eden Prairie families. It is estimated that 40 Eden Prairie children will be served between the two organizations. Objective category: n Suitable Living Environment n Decent Housing X Economic Opportunity Outcome category: X Availability/Accessibility I Affordability ❑ Sustainability Location/Target Area: City Wide-Eden Prairie, MN Specific Objective Project ID Number Funding Sources: EO 1.1 CDBG $12,000 HUD Matrix Code CDBG Citation ESG 05L 570.201(e) HOME Type of Recipient CDBG National Objective HOPWA Nonprofit 570.208(a)(2) Total Formula $12,000 Start Date Completion Date Prior Year Funds 07/01/2014 06/30/2015 Assisted Housing Performance Indicator Annual Units PHA Households 40 Other Funding Local ID Units Upon Completion Total $12,000 40 The primary purpose of the project is to help:n the Homeless n Persons with HIV/AIDS n Persons with Disabilities n Public Housing Needs U.S. Department of Housing OMB Approval No.2506-0117 and Urban Development (Exp.4/30/2011) Table 3C Consolidated Plan Listing of Projects Jurisdiction's Name City of Eden Prairie Priority Need High Project Senior Community Services Activity HOME Description H.O.M.E. helps maintain independence for elders and avoid premature nursing home placement by providing homemaker, maintenance and chore services. They expect to serve approximately 35 Eden Prairie residents in 2014. Objective category: X Suitable Living Environment Decent Housing ❑Economic Opportunity Outcome category: ❑ Availability/Accessibility ❑Affordability X Sustainability Location/Target Area: City Wide—Eden Prairie, MN Specific Objective Project ID Number Funding Sources: DH 3.1 CDBG $9,000 HUD Matrix Code CDBG Citation ESG 05A 570.201(e) HOME Type of Recipient CDBG National Objective HOPWA Nonprofit 570.208(a)(2) Total Formula $9,000 Start Date Completion Date Prior Year Funds 07/01/2014 06/30/2015 Assisted Housing Performance Indicator Annual Units PHA Households 35 Other Funding Local ID Units Upon Completion Total $9,000 35 The primary purpose of the project is to help:0 the Homeless 0 Persons with HIV/AIDS 0 Persons with Disabilities 0 Public Housing Needs U.S. Department of Housing OMB Approval No.2506-0117 and Urban Development (Exp.4/30/2011) Table 3C Consolidated Plan Listing of Projects Jurisdiction's Name City of Eden Prairie Priority Need High Project Community Action Partnership of Suburban Hennepin Activity Emergency Vehicle Repair Description The Car Repair Program is administered by Community Action Partnership of Suburban Hennepin. It was created in 2006 to help low/mod income Eden Prairie residents maintain self sufficiency. The car repair program will pay 75% of repairs up to $750. CAPSH expects to serve 12 households during 2014. Objective category: ❑ Suitable Living Environment Decent Housing X Economic Opportunity Outcome category: X Availability/Accessibility nAffordability Sustainability Location/Target Area: City Wide—Eden Prairie, MN Specific Objective Project ID Funding Sources: Number EO 1.2 CDBG $9,000 HUD Matrix Code CDBG Citation ESG 05E 570.201(e) HOME Type of Recipient CDBG National Objective HOPWA Nonprofit 570.208(a)(2) Total Formula $9,000 Start Date Completion Date Prior Year Funds 07/01/2014 06/30/2015 Assisted Housing Performance Indicator Annual Units PHA Households 12 Other Funding Local ID Units Upon Completion Total $9,000 12 The primary purpose of the project is to help:111 the Homeless❑ Persons with HIV/AIDS Persons with Disabilities❑ Public Housing Needs U.S. Department of Housing OMB Approval No.2506-0117 and Urban Development (Exp.4/30/2011) Table 3C Consolidated Plan Listing of Projects Jurisdiction's Name City of Eden Prairie Priority Need High Project Fair Housing Activities Activity Hennepin County Description This initiative provides funding to promote fair housing choice, testing, enforcement, information and referral in suburban Hennepin County. Objective category: Suitable Living Environment X Decent Housing ❑ Economic Opportunity Outcome category: X Availability/Accessibility ❑ Affordability Sustainability Location/Target Area: City Wide—Eden Prairie, MN Specific Objective Project ID Number Funding Sources: CDBG $2,350 HUD Matrix Code CDBG Citation ESG 21D 570.206 HOME Type of Recipient CDBG National Objective HOPWA County Total Formula $2,350 Start Date Completion Date Prior Year Funds 07/01/2014 06/30/2015 Assisted Housing Performance Indicator Annual Units PHA Other Funding Local ID Units Upon Completion Total $2,350 The primary purpose of the project is to help:0 the Homeless 111 Persons with HIV/AIDS 0 Persons with Disabilities 111 Public Housing Needs U.S. Department of Housing OMB Approval No.2506-0117 and Urban Development (Exp.4/30/2011) Table 3C Consolidated Plan Listing of Projects Jurisdiction's Name City of Eden Prairie Priority Need High Project Program Administration Activity Program Administration Description The program administration funds will be used to implement the CDBG Program. The City of Eden Prairie is a HUD entitlement city and there is greater administrative time needed to manage the program. Objective category: Suitable Living Environment ❑ Decent Housing ❑ Economic Opportunity Outcome category: ❑ Availability/Accessibility Affordability Sustainability Location/Target Area: City Wide—Eden Prairie, MN Specific Objective Project ID Number Funding Sources: CDBG $23,500 HUD Matrix Code CDBG Citation ESG 21A 570.206 HOME Type of Recipient CDBG National Objective HOPWA City Total Formula $23,500 Start Date Completion Date Prior Year Funds 07/01/2014 06/30/2015 Assisted Housing Performance Indicator Annual Units PHA Other Funding Local ID Units Upon Completion Total $23,500 1102 The primary purpose of the project is to help:111 the Homeless 0 Persons with HIV/AIDS 111 Persons with Disabilities 0 Public Housing Needs CITY COUNCIL AGENDA DATE: SECTION: Public Hearing March 4, 2014 DEPARTMENT/DIVISION: ITEM DESCRIPTION: #12-5818 ITEM NO.: IX.B. Carter Schulze Approve Layout No. 4 for the Reconstruction of County State Aid Public Works/Engineering Highway No. 61 (Flying Cloud Drive) Requested Action Move to: Close Public Hearing and Adopt Resolution Approving Layout No. 4 for the reconstruction of County State Aid Highway No. 61 (Flying Cloud Drive) between Trunk Highway 101 and Charlson Road. Synopsis The Public Notice for the Public Hearing was published on February 27, 2014 in the Eden Prairie News. Individual notices were also sent to property owners and tenants along and adjacent to the Flying Cloud Drive corridor. Layout No. 4, which is available at the Engineering Department or on the City's website under the `Community' tab and `Infrastructure Projects' tab, depicts a 3-lane roadway with shoulders, a continuous middle left turn lane and right turn lanes at key intersections. In addition, a multi-use trail will be provided on the north side of Flying Cloud Drive for the entire length of the project. Background Information Hennepin County, in coordination with MnDOT, Carver County, and the cities of Eden Prairie and Chanhassen, is preparing for the reconstruction of Flying Cloud Drive (County Road 61) between Trunk Highway 101 and Charlson Road. This section of Flying Cloud Drive (County Road 61) was a turnback from the State of Minnesota in 2009 and was previously known as Highway 212. When a roadway such as this is turned back to the County, it must be brought up to current safety and operational standards which is what prompted the project. In addition Carver County and MnDOT are currently developing a project to reconstruct the Highway 101 and County Road 61 intersection along with building a new bridge along Highway 101 to Shakopee which will be out of the floodplain. Hennepin County's turnback project begins at the eastern limits of Carver County's project and maintains the profile bringing flood prone areas of Flying Cloud Drive out of the floodplain. A. Public Involvement Public involvement was an integral element of the layout development process and included the following: • 3 Open Houses held April 18, 2013, August 14, 2013 and December 10, 2013 • Separate meetings with individual property owners along the corridor • City Project Website Updates • Hennepin County Project Website Updates • County and City correspondence with individual property owners B. Proposed Layout The proposed layout for CSAH 61 (Flying Cloud Drive), which is available through the City's and County's project webpages, is a three-lane roadway with a continuous left turn lane and right turn lanes at Spring Road, Eden Prairie Road and Dell Road. In addition, a multi-use trail is proposed on the north side of Flying Cloud Drive for the entire length of the project connecting to the Carver County project. The layout includes a span bridge over Purgatory Creek just east of Spring Road and sections of the road that will be on land bridges or structurally supported roadways. Also included in the layout are retaining walls along several portions of Flying Cloud Drive adjacent to the multi-use trail. These walls help balance bluff impacts to the north with wetland impacts to the south of Flying Cloud Drive. Renderings showing typical walls along the corridor are provided as attachments to this memo. Although these wall renderings are accurate to the height and location of the proposed walls, the aesthetics are not finalized and subject to change. No new permanent traffic signal systems are included with the project, but the County does plan to realign Spring Road and Dell Road with Flying Cloud Drive to provide safer intersections. Also the City plans to construct the realignment and connection of Eden Prairie Road with Flying Cloud Drive concurrently with the County project. C. Project Cost The preliminary total project cost is estimated at $49 million. All of the cost, with the exception of the trail and City utilities, is eligible for MnDOT turnback funds. The City of Eden Prairie cost share is approximately$600,000 which is anticipated to be paid through State Aid funding. D. Schedule Construction on the project is anticipated to begin in the summer of 2015 following Carver County's project and could take up to three construction seasons to complete. Due to extensive soil corrections and bridge construction, full closures of the roadway are anticipated, however, local access will be maintained throughout. With approval of the Layout, Hennepin County plans to begin final design of the project immediately. Attachments • Resolution • Street View 1 • Street View 2 • Project Information & layouts are online at http://www.edenprairie.org/index.aspx?page=1167 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2014- APPROVE LAYOUT NO. 4 FOR THE RECONSTRUCTION OF COUNTY STATE AID HIGHWAY NO. 61 (FLYING CLOUD DRIVE) FROM TRUNK HIGHWAY 101 IN CHANHASSEN TO CHARLSON RD IN EDEN PRAIRIE I.C. 12-5818 WHEREAS, the City Council of the City of Eden Prairie is the official governing body of the City of Eden Prairie; and WHEREAS, the Hennepin County Transportation Department in coordination with the City of Eden Prairie has prepared Layout No. 4 dated February 14, 2014, Hennepin County Project No. 0904, for the reconstruction of County State Aid Highway No. 61 (Flying Cloud Drive) between Trunk Highway 101 and Charlson Road; and WHEREAS, Layout No. 4 is consistent with the City of Eden Prairie's Transportation Plan; and WHEREAS, Hennepin County and the City of Eden Prairie will continue to work cooperatively toward the final design, construction and completion of this project; and WHEREAS, Hennepin County has requested that the City of Eden Prairie approve Layout No. 4. NOW, THEREFORE, BE IT RESOLVED that the Eden Prairie City Council approves Layout No. 4, for the reconstruction of County State Aid Highway No. 61 (Flying Cloud Drive) between Trunk Highway 101 and Charlson Road and the following: • Hennepin County is hereby authorized to acquire all rights-of-way, permits, and/or easements required for the improvements in accordance with Layout No. 4. • The City of Eden Prairie agrees to ban the parking of motor vehicles at all times and to provide enforcement for the prohibition of on-street parking for those portions of Project 0904 within its corporate limits. • The City of Eden Prairie reserves the right to approve the final construction plans and Construction Cooperative Agreement prior to the construction of the project. ADOPTED by the Eden Prairie City Council on March 4, 2014. Nancy Tyra-Lukens, Mayor ATTEST: SEAL Kathleen Porta, City Clerk Existing View Visual Representation only- Subject To Change +' ' .. s' 4, y' . •s.t V4.4t , . . ,. ,.... I:, .. .- , . ... ,. _ _., ... .05 .#.. . ..V.i.1,0 y• '_;; Final Wall Treatment =�' A.- ' `. To Be Determined • - °�'a '-� . ; ;'' • - ws 4..... 11111110 "-- ., i 1— 1 r. 1 k.,:, ,. .1._,j._ _ 1 ' ' ' :: 11.?-' I, T , S IP; ! rs ;, IN CSAH 61 (Flying Cloud Drive) Looking Westbound between Dell Road and Eden Prairie Road 111 s„ IV, EDE1 Hennepin CSAH 61(Flying Cloud Drive) Reconstruction Project February 4,2014 ti#MIE SEW -a Existing WW1 Visual Representation Only- Subject To Change - C -' = • _yam.; / ,\ - - • r" __ - '•S ^vim.. . .• .�? ''� � _ _ ir-41474 1- :. .,. i :r,, - 1 �' 1y �a Y f y.: Final Wall Treatment -_ ;lit `.. ,,... To Be Determined �� 4. __-- :' n . dill 'ry., I _ ._r _ - ! _ ' • I I . r I ,1 ire eg a s. -s " ■ 1 1, illillt,,,,,... .."------- jr 6rJ'r — ..si tim--i - , Allillk X CSAH 61 (Flying Cloud Drive) Looking Westbound between Spring Road and Riverview Road lill Ili _ill � .. .iv, EDEN Hennepin CSAH 61(Flying Cloud Drive) Reconstruction Project February 4,2014 PRAIRIE SEH CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims March 4, 2014 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 230705 —230951 Wire Transfers 1006391 1006505 Wire Transfers 4959 4971 City of Eden Prairie Council Check Summary 3/4/2014 Division Amount Division Amount General 61,966 803 Escrow Fund 5,500 101 Legislative 5,216 807 Benefits Fund 627,220 102 Legal Counsel 42,109 809 Investment Fund 1,253 111 Customer Service 4,303 810 Workers Comp Insurance 138,877 112 Human Resources 275 811 Property Insurance 101,747 113 Communications 30 812 Fleet Internal Service 43,022 114 Benefits&Training 3,907 813 IT Internal Service 6,657 130 Assessing 85 814 Facilities Capital ISF 839 131 Finance 2,071 815 Facilites Operating ISF 28,861 132 Housing and Community Services 165 816 Facilites City Center ISF 80,289 136 Public Safety Communications 4,043 817 Facilites Comm.Center ISF 50,563 137 Economic Development 5,010 Total Internal Service Funds 1,084,828 151 Park Maintenance 10,717 153 Organized Athletics 1,349 Report Total 2,209,098 154 Community Center 13,848 156 Youth Programs 3,309 158 Senior Center 731 159 Recreation Administration 8,024 160 Therapeutic Recreation 41 162 Arts 4,623 163 Outdoor Center 300 168 Arts Center 444 180 Police 17,979 183 Emergency Preparedness 6,535 184 Fire 12,331 186 Inspections 1,379 200 Engineering 382 201 Street Maintenance 6,236 202 Street Lighting 3,024 Total General Funds 220,431 301 CDBG 9,710 303 Cemetary Operation 18 308 E-911 26,488 309 DWI Forfeiture 241 312 Recycle Rebate 13 Total Special Revenue Funds 36,470 315 Economic Development 15,869 509 CIP Fund 12,711 522 Improvement Projects 2006 1,938 526 Transportation Fund 73,800 528 Shady Oak Rd-CR 61 North 4,705 529 Shady Oak Rd-CR 61 South 930 531 Eden Prairie Road 116 Total Capital Project Funds 110,068 601 Prairie Village Liquor 139,333 602 Den Road Liquor 241,618 603 Prairie View Liquor 164,361 605 Den Road Building 2,907 701 Water Fund 153,011 702 Sewer Fund 2,748 703 Storm Drainage Fund 53,322 Total Enterprise Funds 757,300 City of Eden Prairie Council Check Register 3/4/2014 Check# Amount Supplier/Explanation Account Description Business Unit Explanation 230861 244,952 HEALTHPARTNERS Accounts Receivable Health and Benefits Monthly Health/Dental Premium 4966 224,410 CERIDIAN Federal Taxes Withheld Health and Benefits Taxes Withheld 4969 142,049 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA 230878 138,877 LEAGUE MN CITIES INS TRUST Workers Comp Insurance Workers Comp Insurance Workers Comp Ins 4960 102,597 MINNESOTA DEPT OF REVENUE Sales Tax Payable Facilities Operating ISF Sales&Use Tax 230879 101,747 LEAGUE MN CITIES INS TRUST Insurance Property Insurance Property Insurance 1006504 90,783 XCEL ENERGY Electric Flying Cloud Off Leash Park 230718 73,800 CHANHASSEN,CITY OF Improvement Contracts Transportation Fund 230747 54,446 JOHNSON BROTHERS LIQUOR CO Received not Vouchered Den Road Liquor Store 230769 51,814 NORTH METRO ASPHALT LLC Improvement Contracts Storm Drainage 1006466 46,801 GREGERSON ROSOW JOHNSON&NILAN LTD Legal Rehab 230893 44,713 MN DNR WATERS Licenses&Taxes Water Treatment Plant 230870 42,175 JOHNSON BROTHERS LIQUOR CO Received not Vouchered Prairie Village Liquor Store 230941 38,781 WIRTZ BEVERAGE MINNESOTA Received not Vouchered Den Road Liquor Store 230926 33,960 SOUTHERN WINE&SPIRITS OF MN Received not Vouchered Prairie Village Liquor Store 1006443 33,054 XCEL ENERGY Electric City Hall-CAM 230942 28,377 WIRTZ BEVERAGE MINNESOTA BEER INC Received not Vouchered Prairie Village Liquor Store 1006421 26,488 MOTOROLA Other Contracted Services E-911 Program 4968 22,198 1NG Deferred Compensation General Fund 1006407 19,791 GREENSIDE INC Contract Svcs-Snow Removal City Hall-CAM 230813 18,564 WIRTZ BEVERAGE MINNESOTA Received not Vouchered Prairie Village Liquor Store 230796 18,263 SOUTHERN WINE&SPIRITS OF MN Received not Vouchered Den Road Liquor Store 230814 18,109 WIRTZ BEVERAGE MINNESOTA BEER INC Received not Vouchered Prairie View Liquor Store 230794 17,244 SOUTH METRO PUBLIC SAFETY TRAINING FACIL Training Supplies Public Safety Training Facilit 1006435 16,085 THORPE DISTRIBUTING Received not Vouchered Prairie Village Liquor Store 1006444 15,531 YOCUM OIL COMPANY INC Motor Fuels Fleet Operating 230914 14,704 PRAIRIE PARTNERS SIX LLP Building Rental Prairie Village Liquor Store 4967 14,331 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 1006505 14,164 YOCUM OIL COMPANY INC Motor Fuels City Hall-CAM 230746 13,871 JJ TAYLOR DISTRIBUTING MINNESOTA Received not Vouchered Prairie Village Liquor Store 230894 13,428 MOELTER GRAIN INC Lime Residual Removal Water Treatment Plant 4963 13,281 US BANK-CREDIT CARD MERCHANT ONLY Bank and Service Charges Finance 230915 13,280 PRAIRIEVIEW RETAIL LLC Advertising Prairie View Liquor Store 230910 12,973 PHILLIPS WINE AND SPIRITS INC Received not Vouchered Prairie Village Liquor Store 4970 12,772 LIFE INSURANCE COMPANY OF NORTH AMERICA Life Insurance EE/ER Health and Benefits 230944 12,711 HENNEPIN COUNTY TREASURER Licenses,Permits,Taxes Capital Impr./Maint.Fund 230777 11,850 PHILLIPS WINE AND SPIRITS INC Received not Vouchered Den Road Liquor Store 230862 11,633 HENNEPIN COUNTY TREASURER TIF Revenue Project Fund 230722 10,973 DAILEY DATA&ASSOCIATES Other Contracted Services Prairie Village Liquor Store 1006397 10,314 CENTERPOINT ENERGY Gas Water Enterprise Fund 4971 10,159 GENESIS EMPLOYEE BENEFITS,INC HSA Health and Benefits 1006481 10,000 NOVOTX LLC Maintenance Contracts Utility Operations-General 230869 9,611 JJ TAYLOR DISTRIBUTING MINNESOTA Received not Vouchered Prairie Village Liquor Store 1006470 8,779 J&D WINDOW CLEANING Window Washing Facilities Operating ISF Check# Amount Supplier/Explanation Account Description Business Unit Explanation 230848 8,428 EGAN COMPANY Other Contracted Services Rehab 1006496 8,187 THORPE DISTRIBUTING Received not Vouchered Prairie Village Liquor Store 230951 8,024 US POSTMASTER Postage Community Brochure 230736 7,817 GRAYMONT Treatment Chemicals Water Treatment Plant 1006446 7,430 A-SCAPE INC Contract Svcs-Snow Removal Fire Station#5 4964 7,271 RADIANT SYSTEMS Bank and Service Charges Prairie View Liquor Store 230782 6,535 READY WATT ELECTRIC Equipment Repair&Maint Emergency Preparedness 1006457 6,373 DAY DISTRIBUTING Received not Vouchered Prairie Village Liquor Store 230865 6,345 HOHENSTEINS INC Received not Vouchered Den Road Liquor Store 1006429 6,304 PRAIRIE ELECTRIC COMPANY Building Repair&Maint. Utility Operations-General 230775 6,159 PAUSTIS&SONS COMPANY Received not Vouchered Den Road Liquor Store 230812 6,128 WINE MERCHANTS INC Received not Vouchered Den Road Liquor Store 1006486 5,822 PRAIRIE ELECTRIC COMPANY Equipment Repair&Maint City Hall-CAM 1006401 5,806 DAY DISTRIBUTING Received not Vouchered Prairie View Liquor Store 230902 5,577 NORTHERN AIR CORPORATION Contract Svcs-Plumbing Park Shelters 1006438 5,207 VINOCOPIA Received not Vouchered Den Road Liquor Store 230931 5,200 SUBURBAN RATE AUTHORITY Dues&Subscriptions City Council 230883 5,000 MCCD Other Contracted Services Economic Development 1006501 4,996 WINE COMPANY,THE Received not Vouchered Prairie Village Liquor Store 1006499 4,970 VAN PAPER COMPANY Cleaning Supplies City Hall-CAM 230940 4,899 WINE MERCHANTS INC Received not Vouchered Prairie Village Liquor Store 230909 4,786 PAUSTIS&SONS COMPANY Received not Vouchered Prairie Village Liquor Store 1006442 4,776 WINE COMPANY,THE Received not Vouchered Den Road Liquor Store 230739 4,236 HOFFMAN REFRIGERATION&HTG Other Contracted Services Project Fund 230856 3,836 GRAYMONT Treatment Chemicals Water Treatment Plant 230802 3,805 TECH SALES CO Process Control Equipment Water Treatment Plant 230849 3,719 EMERGENCY RESPONSE SOLUTIONS Protective Clothing Fire 230724 3,600 DISPLAY ARTS Other Contracted Services Storm Drainage 230749 3,500 KDV INC Audit&Financial Finance 1006408 3,253 HANSEN THORP PELLINEN OLSON Design&Engineering Improvement Projects 2006 1006494 3,181 STREICHERS Clothing&Uniforms Police 1006393 3,103 BMC SOFTWARE INC Software Maintenance IT Operating 230949 3,000 POSTAGE BY PHONE RESERVE ACCOUNT Postage Customer Service 230727 2,959 EATS Other Contracted Services Special Events&Trips 230863 2,833 HENNEPIN TECHNICAL COLLEGE Tuition Reimbursement/School Fire 230766 2,770 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Riley Lake 1006456 2,599 DAKOTA SUPPLY GROUP INC Merchandise for Resale Den Road Liquor Store 1006392 2,482 BELLBOY CORPORATION Received not Vouchered Den Road Liquor Store 230831 2,314 BLOOMINGTON,CITY OF Kennel Services Animal Control 230731 2,270 EXPLORER POST 925 Miscellaneous Reserves 4959 2,268 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Operating 1006500 2,226 VINOCOPIA Received not Vouchered Prairie Village Liquor Store 1006502 2,130 WITT,BETH Tuition Reimbursement/School Organizational Services 1006427 2,054 PAUL'S TWO-WAY RADIO Conference/Training Public Safety Communications 1006475 2,032 MENARDS Operating Supplies Park Shelters 1006450 1,985 BELLBOY CORPORATION Received not Vouchered Prairie Village Liquor Store 230945 1,980 HENNEPIN COUNTY TREASURER Licenses&Taxes Riley House 230868 1,968 JANETSKI,BETH Operating Supplies General Fund 1006461 1,922 FASTENAL COMPANY Safety Supplies Utility Operations-General Check# Amount Supplier/Explanation Account Description Business Unit Explanation 1006398 1,904 CERIDIAN Ceridian IT Operating 230735 1,827 GRAPE BEGINNINGS Received not Vouchered Den Road Liquor Store 4961 1,821 GENESIS EMPLOYEE BENEFITS,INC Other Contracted Services Health and Benefits 1006473 1,807 LANDS END CORPORATE SALES Clothing&Uniforms Police 230858 1,782 H&L MESABI Small Tools Fleet Operating 1006455 1,630 CLAREY'S SAFETY EQUIPMENT Safety Supplies Utility Operations-General 1006469 1,603 IDEAL SERVICE INC Equipment Repair&Maint Water Wells 230850 1,600 ERGOMETRICS Other Contracted Services Organizational Services 1006441 1,598 WENCK ASSOCIATES INC Design&Engineering Storm Drainage 230928 1,582 SPORTS WORLD USA INC Capital Under$25,000 Ice Rink#1 230935 1,550 TREES BY FORREST Other Contracted Services Tree Removal 230710 1,550 ARTISAN BEER COMPANY Received not Vouchered Den Road Liquor Store 230824 1,531 ARTISAN BEER COMPANY Received not Vouchered Prairie Village Liquor Store 1006439 1,531 VTI Equipment Repair&Maint Public Safety Communications 1006434 1,475 STREICHERS Clothing&Uniforms Police 230816 1,469 YOUNGSTEDTS COLLISION CENTER Equipment Repair&Maint Fleet Operating 1006468 1,411 HORIZON COMMERCIAL POOL SUPPLY Supplies-Pool Pool Maintenance 230924 1,400 SMITH,SHELLEY Other Contracted Services Winter Theatre 1006465 1,377 GREENSIDE INC Contract Svcs-Snow Removal Fire Station#1 230807 1,349 UNIVERSAL ATHLETIC SERVICES INC Awards Softball 230929 1,316 STAPLES ADVANTAGE Office Supplies City Center Operations 1006423 1,297 NEW FRANCE WINE COMPANY Received not Vouchered Den Road Liquor Store 1006479 1,295 NEW WORLD SYSTEMS Tuition Reimbursement/School Police 1006409 1,272 HAWKINS INC Treatment Chemicals Water Treatment Plant 230733 1,268 GENERAL INDUSTRIAL SUPPLY CO Small Tools Fleet Operating 230936 1,253 US BANK Interest Investment Fund 1006462 1,250 FERGUSON ENTERPRISES#2516 Repair&Maint.Supplies Water Metering 1006437 1,228 USA MOBILITY WIRELESS INC Pager&Cell Phone IT Operating 1006459 1,222 EMERGENCY APPARATUS MAINTENANCE INC Equipment Repair&Maint Fire 230768 1,210 MN DEPT OF TRANSPORTATION Testing-Soil Boring Shady Oak Rd-CR 61 North 230765 1,208 MINNESOTA SAFETY SERVICES LLC Other Contracted Services Pool Lessons 230933 1,200 TITAN ENERGY SYSTEMS Contract Svcs-Fire/Life/Sfty City Hall-CAM 1006463 1,197 GRAINGER Supplies-HVAC Facilities Operating ISF 230758 1,168 MIDWEST COCA COLA BOTTLING COMPANY Received not Vouchered Concessions 1006490 1,167 R&R SPECIALTIES OF WISCONSIN INC Repair&Maint-Ice Rink Ice Arena Maintenance 1006503 1,109 WM MUELLER AND SONS INC Gravel Street Maintenance 230740 1,049 HOHENSTEINS INC Received not Vouchered Den Road Liquor Store 230855 1,045 GRAPE BEGINNINGS Received not Vouchered Prairie Village Liquor Store 230712 1,036 BERNICK'S WINE Received not Vouchered Den Road Liquor Store 1006406 1,023 GRAINGER Cleaning Supplies Water Treatment Plant 1006440 1,020 WATSON CO INC,THE Merchandise for Resale Concessions 230795 1,000 SOUTHDALE YMCA-CHILD CARE Refunds CDBG-Public Service 1006483 977 OENO'S DISTRIBUTION Received not Vouchered Den Road Liquor Store 230947 960 PETTY CASH Mileage&Parking New Adaptive 1006467 929 HD SUPPLY FACILITIES MAINTENANCE Cleaning Supplies Park Shelters 230932 875 SUSA Dues&Subscriptions Utility Operations-General 230860 862 HD SUPPLY WATERWORKS LTD Equipment Parts Water System Maintenance 1006460 839 ENVIRONMENTAL PROCESS INC Other Contracted Services Facilities Capital 230843 833 CONTINENTAL SAFETY EQUIPMENT Repair&Maint-Ice Rink Ice Arena Maintenance Check# Amount Supplier/Explanation Account Description Business Unit Explanation 230829 826 BERRY COFFEE COMPANY Merchandise for Resale Concessions 230908 807 PAPCO INC Janitor Service Fitness/Conference-Cmty Ctr 230946 795 HENNEPIN TECHNICAL COLLEGE Tuition Reimbursement/School Fire 230885 780 MIDWEST COCA COLA BOTTLING COMPANY Merchandise for Resale Concessions 230783 780 RESURRECTION CHURCH Outside Water Sales Escrow 1006491 763 SCHARBER&SONS Tires Fleet Operating 230743 756 J H LARSON COMPANY Repair&Maint.Supplies Park Maintenance 1006489 744 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 230903 700 OLMSTED COUNTY SHERIFF'S DEPARTMENT Deposits Escrow 1006413 679 JOHN HENRY FOSTER MINNESOTA INC Equipment Repair&Maint Water Treatment Plant 230725 668 DOMACE VINO Received not Vouchered Den Road Liquor Store 230880 650 MALONE,MARY Other Contracted Services Winter Theatre 230833 641 BOURGET IMPORTS Received not Vouchered Prairie Village Liquor Store 230943 634 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Board of Prisoner Police 1006453 600 BOYER TRUCKS Equipment Parts Fleet Operating 230867 561 INDEED BREWING COMPANY LLC Received not Vouchered Den Road Liquor Store 1006471 556 JANEX INC Janitor Service City Hall-CAM 1006495 543 THE OASIS GROUP Employee Assistance Organizational Services 230901 541 NORISH ENTERPRISES LLC AR Utility Water Enterprise Fund 230905 523 OLYMPIC HILLS GOLF CLUB Reimbursement Escrow 1006399 504 CLAREY'S SAFETY EQUIPMENT Small Tools Fire 230728 503 EDEN PRAIRIE CHAMBER OF COMMERCE Advertising Prairie Village Liquor Store 230713 503 BERRY COFFEE COMPANY Merchandise for Resale Concessions 230708 500 ALL ENERGY SOLAR Electric General Community Center 230890 483 MINNESOTA SAFETY SERVICES LLC Other Contracted Services Pool Lessons 1006452 471 BOUNDLESS NETWORK Operating Supplies Community Center Admin 230888 466 MINNESOTA DEPT OF PUBLIC SAFETY Office Supplies Customer Service 1006458 465 ECM PUBLISHERS INC Advertising Community Center Admin 1006474 457 LUBRICATION TECHNOLOGIES INC Lubricants&Additives Fleet Operating 1006477 454 MILLARD,CHRIS Conference/Training Police 230854 441 GENERAL MACHINING INC. Operating Supplies Fleet Operating 1006391 438 ASPEN WASTE SYSTEMS INC. Waste Disposal Utility Operations-General 230887 433 MINNESOTA CONWAY Other Contracted Services Fire 230755 403 MATSON,TOM Small Tools Fleet Operating 230872 399 KEEPERS Clothing&Uniforms Fire 4965 395 CERIDIAN Garnishment Withheld General Fund 230711 390 BCA/CRIMINAL JUSTICE TRAINING&EDUCATIO Tuition Reimbursement/School Police 230834 389 CAPREF EDEN PRAIRIE LLC Building Rental Housing and Community Service 230948 385 MINNESOTA CHIEFS OF POLICE ASSOCIATION Tuition Reimbursement/School Police 230721 380 COSTCO Miscellaneous Fitness Classes 230898 379 NAFA Conference/Training Fleet Operating 230882 375 MBFTE Dues&Subscriptions Fire 1006403 375 EXTREME BEVERAGE Received not Vouchered Den Road Liquor Store 230884 366 MIDWAY INDUSTRIAL SUPPLY CO INC Supplies-Plumbing Fire Station#2 1006497 361 ULINE Office Supplies Police 1006451 360 BERTELSON TOTAL OFFICE SOLUTIONS Office Supplies Utility Operations-General 230827 354 BAUER BUILT TIRE AND BATTERY Equipment Parts Fleet Operating 230853 353 GEAR GRID CORPORATION Operating Supplies Fire 230817 350 ZABINSKI BUSINESS SERVICES INC Other Contracted Services Prairie Village Liquor Store Check# Amount Supplier/Explanation Account Description Business Unit Explanation 230950 350 SOUNDS GREAT Instructor Service Special Events&Trips 1006464 345 GREATAMERICA FINANCIAL SVCS Postage Customer Service 230904 330 OLSEN COMPANIES Repair&Maint.Supplies Storm Drainage 230705 330 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 1006478 329 NEW FRANCE WINE COMPANY Received not Vouchered Prairie Village Liquor Store 1006492 327 SCHMIDT,MATT Tuition Reimbursement/School Police 230715 326 BOOM ISLAND BREWING COMPANY Received not Vouchered Den Road Liquor Store 230832 326 BOOM ISLAND BREWING COMPANY Received not Vouchered Den Road Liquor Store 1006418 325 MENARDS Operating Supplies Street Maintenance 230830 317 BLOOMINGTON SECURITY SOLUTIONS Supplies-Security Den Road Liquor Store 1006487 310 PRIME SOURCE ONE LLC Operating Supplies Gymnasium(CC) 230920 300 ROTH,ANDREW J. Instructor Service Outdoor Center 1006414 300 KIDCREATE STUDIO Other Contracted Services Storm Drainage 230789 293 SCHERER BROTHERS LUMBER CO Operating Supplies Street Maintenance 230770 293 NORTHERN AIR CORPORATION Building Repair&Maint. Utility Operations-General 230875 285 LAKE COUNTRY DOOR LLC Supplies-General Bldg Fire Station#3 230866 281 IEDITWEB INC Contract Svcs-Garden Romm Garden Room Repairs 1006395 279 BOYER TRUCKS Equipment Parts Fleet Operating 1006420 275 MINNESOTA CLAY CO.USA Operating Supplies General Fund 1006419 269 METRO SALES INCORPORATED* Office Supplies IT Operating 1006410 258 HD SUPPLY FACILITIES MAINTENANCE Cleaning Supplies City Hall-CAM 230889 251 MINNESOTA POLLUTION CONTROL AGENCY Waste Disposal Fleet Operating 230754 245 LIGHTNING PRINTING INC Printing General Fund 230741 240 IND SCHOOL DIST 272 Other Rentals Staring Lake Concert 230800 239 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 230819 236 AFFILIATED EMERGENCY VETERINARY SERV Other Contracted Services Animal Control 230823 226 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Prairie View Liquor Store 1006448 224 BARR ENGINEERING COMPANY Other Contracted Services Storm Drainage 230784 220 RIGHTWAY GLASS INC Equipment Repair&Maint Fleet Operating 230818 220 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 1006402 218 EMERGENCY APPARATUS MAINTENANCE INC Equipment Repair&Maint Fire 230778 210 PINNACLE DISTRIBUTING Received not Vouchered Den Road Liquor Store 1006417 208 MATHESON TRI-GAS INC Operating Supplies Fleet Operating 230927 206 SOUTHWEST SUBURBAN PUBLISHING-CLASSIFIED Employment Advertising Organizational Services 1006433 206 SCHARBER&SONS Equipment Parts Fleet Operating 230771 200 OLSEN'S EMBROIDERY/COMPANY Clothing&Uniforms Street Maintenance 230919 200 RODENZ,SANDRA K Other Contracted Services Winter Theatre 230781 199 PROP United Way Withheld General Fund 1006488 195 PROSOURCE SUPPLY Cleaning Supplies Fitness/Conference-Cmty Ctr 230753 195 LAKE COUNTRY DOOR LLC Building Repair&Maint. Water Treatment Plant 230842 195 COMCAST Cable TV Fire 1006400 193 COX,KIM Conference/Training Fire 1006480 190 NORTHERN SAFETY TECHNOLOGY INC Equipment Parts Fleet Operating 230846 185 EATS Operating Supplies Organizational Services 230821 183 AIM ELECTRONICS Contract Svcs-Ice Rink Ice Arena Maintenance 230871 179 JOHNSTONE SUPPLY Supplies-HVAC Dunn Brothers 1006405 172 FEDEX Postage Human Resources 230730 170 ERGOMETRICS Other Contracted Services Organizational Services 230852 169 GALLER,MARGARET AR Utility Water Enterprise Fund Check# Amount Supplier/Explanation Account Description Business Unit Explanation 230844 168 CUSHMAN MOTOR COMPANY INC. Equipment Parts Fleet Operating 230757 166 MEUWISSEN,JESSICA Conference/Training Fire 230717 166 CENTURYLINK Telephone IT Telephone 1006431 165 PROSOURCE SUPPLY Cleaning Supplies Fitness/Conference-Cmty Ctr 230719 158 CMI INC Miscellaneous DWI Forfeiture 1006425 156 NORTHERN SAFETY TECHNOLOGY INC Equipment Parts Fleet Operating 230839 155 COMCAST Cable TV Fire 1006428 151 POMP'S TIRE SERVICE INC Equipment Repair&Maint Fleet Operating 230716 150 BUTH,JENNIFER Refunds Environmental Education 230828 150 BCA/CRIMINAL JUSTICE TRAINING&EDUCATIO Tuition Reimbursement/School Police 1006472 150 KIDCREATE STUDIO Instructor Service Arts Center 230840 149 COMCAST Cable TV Fire 230841 149 COMCAST Cable TV Fire 1006493 141 SCHULZE,CARTER Mileage&Parking Engineering 230720 141 COMMUNITY HEALTH CHARITIES OF MINNESOTA United Way Withheld General Fund 230907 141 OXYGEN SERVICE COMPANY EMS Supplies Fire 230937 140 VAN METER&ASSOCIATES Tuition Reimbursement/School Police 1006482 139 NUCO2 INC Supplies-Pool Pool Maintenance 230760 135 MINNESOTA AWWA Tuition Reimbursement/School Water Treatment Plant 230899 135 NELSON,CARL AR Utility Water Enterprise Fund 1006447 134 ASPEN EQUIPMENT CO. Equipment Parts Fleet Operating 4962 132 OPTUM HEALTH Other Contracted Services Health and Benefits 230742 128 IND SCHOOL DIST 272 Building Rental Community Band 230836 127 CENTURYLINK Telephone Water Distribution 230938 123 VANLANGENDON,JEFFREY AR Utility Water Enterprise Fund 230780 120 PRAHA DISTRIBUTING Received not Vouchered Den Road Liquor Store 230811 120 WEBER,ANNETTE Deposits-P&R Refunds Community Center Admin 230925 120 SOUTH CENTRAL TECHNICAL COLLEGE Tuition Reimbursement/School Fire 1006411 118 HENKE,RONNIE Clothing&Uniforms Police 230798 118 STAPLES ADVANTAGE Office Supplies Customer Service 1006416 117 LUBRICATION TECHNOLOGIES INC Lubricants&Additives Fleet Operating 230808 117 US POSTMASTER Postage Senior Center Admin 230803 111 TLO LLC Other Contracted Services Police 230723 105 DEPARTMENT OF NATURAL RESOURCES Licenses&Taxes Park Maintenance 230737 103 GS DIRECT Operating Supplies Engineering 230738 100 HAMILTON,SUE Refunds Environmental Education 230810 100 VOGEL,MONICA Refunds Environmental Education 230815 100 YAN,HONG Deposits Community Center Admin 230864 100 HENNEPIN TECHNICAL COLLEGE Conference/Training Fire 230886 100 MINNESOTA CHAPTER IAAI Dues&Subscriptions Fire 230773 98 OXYGEN SERVICE COMPANY EMS Supplies Fire 230835 96 CENTURY COLLEGE Training Supplies Fire 230930 89 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 1006430 89 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Operating 230806 88 UNITED WAY United Way Withheld General Fund 230764 85 MINNESOTA REAL ESTATE JOURNAL Dues&Subscriptions Assessing 230799 83 STATE OF MINNESOTA Miscellaneous DWI Forfeiture 1006432 81 ROSE,ALECIA Mileage&Parking Human Resources 230825 81 AT&T MOBILITY Pager&Cell Phone Water System Maintenance Check# Amount Supplier/Explanation Account Description Business Unit Explanation 230786 80 ROONEY,PAUL&AUDREY Deposits Community Center Admin 230934 80 TRAFFIC CONTROL CORPORATION Operating Supplies Traffic Signals 1006445 75 ZIEGLER INC Equipment Parts Fleet Operating 1006415 74 KRAUSE,MARY Mileage&Parking Engineering 1006422 73 MPX GROUP,THE Printing Police 230911 70 PHILLIPS,JOHN AR Utility Water Enterprise Fund 230709 70 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Den Road Liquor Store 230790 63 SHAMROCK GROUP,INC-ACE ICE Received not Vouchered Den Road Liquor Store 1006454 61 CENTRAL ENVELOPE CORP Operating Supplies General Fund 1006436 60 TRI COUNTY BEVERAGE&SUPPLY Received not Vouchered Prairie View Liquor Store 1006485 58 PARK SUPPLY OF AMERICA INC Building Repair&Maint. Utility Operations-General 230892 57 MINNESOTA WANNER COMPANY Equipment Parts Snow&Ice Control 230912 57 PIKE,ROBERT AR Utility Water Enterprise Fund 230851 54 G&K SERVICES-MPLS INDUSTRIAL Cleaning Supplies Water Treatment Plant 1006426 53 OTTEN,DAN Mileage&Parking Inspections-Administration 230744 46 J P COOKE CO,THE Operating Supplies Engineering 1006476 46 METROPOLITAN FORD Equipment Parts Fleet Operating 230895 45 MPCA Licenses&Taxes Sewer Utility-General 230826 44 BANK,ELIZABETH AR Utility Water Enterprise Fund 230804 44 TURFWERKS Equipment Parts Fleet Operating 230820 42 AHMANN III,RICHARD AR Utility Water Enterprise Fund 230922 41 SEGAL-CAIRNCROSS,LESLEE AR Utility Water Enterprise Fund 230748 40 KAPACINSKAS,JOSEPH Deposits Community Center Admin 230776 40 PETERSON,JOHN&HARRIET Deposits Community Center Admin 230785 40 ROGERS,LISA Deposits Community Center Admin 230788 40 SARLES,KATHLEEN&DONALD Deposits Community Center Admin 230873 36 KELLEY,DAVID AR Utility Water Enterprise Fund 230913 35 PLEAA Dues&Subscriptions Police 230859 34 HAKALA,ROBERT G AR Utility Water Enterprise Fund 230923 34 SHAMROCK GROUP,INC-ACE ICE Received not Vouchered Den Road Liquor Store 230761 32 MINNESOTA DEPT OF HEALTH Licenses&Taxes Water System Maintenance 230762 32 MINNESOTA DEPT OF HEALTH Licenses&Taxes Water System Maintenance 230763 32 MINNESOTA DEPT OF HEALTH Licenses&Taxes Water System Maintenance 230917 32 RICHFIELD,CITY OF Licenses&Taxes Fleet Operating 1006424 32 NORCOSTCO Operating Supplies Winter Theatre 230767 31 MINNESOTA WANNER COMPANY Equipment Parts Snow&Ice Control 230847 30 EDEN PRAIRIE NEWS Dues&Subscriptions Communications 230939 30 WASHINGTON COUNTY SHERIFF'S OFFICE Tuition Reimbursement/School Police 230897 29 MY CABLE MART Miscellaneous IT Operating 230791 29 SHIPP,ROGER Deposits-P&R Refunds Community Center Admin 230845 27 DAVIDSON,DUFF AR Utility Water Enterprise Fund 1006498 27 UPS Postage Fire 230896 25 MUNICIPALS Dues&Subscriptions Organizational Services 230805 24 UNIFORMS UNLIMITED Equipment Repair&Maint Police 230774 22 PARK JEEP INC Equipment Parts Fleet Operating 230916 22 REISDORF,DWIGHT AR Utility Water Enterprise Fund 230822 21 ALLEY,ELANSON AR Utility Water Enterprise Fund 1006412 21 INTEREUM INC Supplies-General Bldg Fitness/Conference-Cmty Ctr 230707 20 ALDRITT,JACKIE Deposits Community Center Admin Check# Amount Supplier/Explanation Account Description Business Unit Explanation 230714 20 BISCHOFF,CARLOTTA Deposits Community Center Admin 230726 20 DURYEE,PATRICIA Deposits Community Center Admin 230729 20 ELLIOTT,IZAAK Deposits Community Center Admin 230732 20 FAN,LISA Deposits Community Center Admin 230734 20 GIBSON,DAVID Deposits Community Center Admin 230751 20 KRATZ,JANET Deposits Community Center Admin 230752 20 KUHN,MARY J Deposits Community Center Admin 230756 20 MCCARTY,ANDREA Deposits Community Center Admin 230759 20 MILLER,JAMES W. Deposits Community Center Admin 230772 20 O'REILLY,WILLIAM Deposits Community Center Admin 230779 20 PITT,KRYSTN Deposits Community Center Admin 230787 20 SANDVICK,DIANNE Deposits Community Center Admin 230792 20 SNEER,JAMES Deposits Community Center Admin 230793 20 SOMAN,NANCY Deposits Community Center Admin 230797 20 SPRAGUE,LINDA Deposits Community Center Admin 230809 20 VIDMAR,ED Deposits Community Center Admin 230750 19 KOCOUREK,JOAN Clothing&Uniforms Police 230921 18 SAFEGUARD PROPERTIES AR Utility Water Enterprise Fund 1006396 18 CAWLEY COMPANY,THE Clothing&Uniforms Den Road Liquor Store 1006484 18 OSI BATTERIES INC Operating Supplies Police 230857 18 GS DIRECT Operating Supplies Engineering 230881 17 MARTIN,DEANNA AR Utility Water Enterprise Fund 1006449 15 BATTERIES PLUS Supplies-Electrical Den Road Liquor Store 230900 15 NICHOLLS,PAMELA AR Utility Water Enterprise Fund 230906 14 OPHOVEN SAW SERVICE Equipment Repair&Maint Senior Center Programs 230745 13 JERRY'S ENTERPRISES INC Equipment Repair&Maint Senior Center Programs 230874 13 KODIAK CUSTOM LETTERING INC Clothing&Uniforms Day Care 1006394 12 BOUND TREE MEDICAL LLC EMS Supplies Fire 230876 12 LARSON,ANDREW AR Utility Water Enterprise Fund 230918 11 RICHFIELD,CITY OF Licenses&Taxes Fleet Operating 230837 11 CLX DELIVERY Other Contracted Services Organizational Services 230706 10 ALBANESE,MARIANNE Deposits-P&R Refunds Community Center Admin 230801 10 SUEK,PAUL Deposits-P&R Refunds Community Center Admin 230877 10 LAYNE,KIM AR Utility Water Enterprise Fund 230891 9 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Riley Creek Woods 1006404 5 FASTENAL COMPANY Operating Supplies Fleet Operating 230838 2 COMCAST Other Contracted Services Police 2,209,098 Grand Total CITY COUNCIL AGENDA DATE: SECTION: March 4, 2014 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XLA. Richard Rosow, City Attorney Ordinance requiring license for retail sale of e-cigarettes Requested Actions Move to: Approve second reading of an ordinance amending City Code Section 5.35 to require a license for the retail sale of e-cigarettes. Synopsis The Council determined to adopt an ordinance which adds e cigarettes to the definition of "tobacco-related products"in the City's tobacco licensing ordinance. This will require that those engaged in the retail sale of e cigarettes obtain a City tobacco license and comply with related regulations. Attachments Ordinance CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2014 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE SECTION 5.35 AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 5.99 WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS: 1. Section 1. City Code Chapter 5, Section 5.35, Subd. 2 D is hereby deleted in its entirety and replaced with the following: "Tobacco-related products"means any product containing, made, or derived from tobacco that is intended for human consumption, whether chewed, smoked, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, or any component, part, or accessory of a tobacco product, including, but not limited to, cigars; cheroots; stogies; periques; granulated,plug cut, crimp cut, ready rubbed, and other smoking tobacco; snuff; snuff flour; cavendish; plug and twist tobacco; fine-cut and other chewing tobacco; shorts; refuse scraps, clippings, cuttings and sweepings of tobacco, and other kinds and forms of tobacco; but does not include cigarettes as defined in this section. Tobacco-related products excludes any tobacco product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product, as a tobacco dependence product, or for other medical purposes, and is being marketed and sold solely for such an approved purpose. Tobacco—related products includes electronic cigarettes defined as any electronic-smoking device that can be used to deliver nicotine or any other substances to the person inhaling from the device, including but not limited to electronic cigarettes, electronic cigars, electronic pipes or any other similar device. Section 2. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 5.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety,by reference, as though repeated verbatim herein. Section 3. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 18th day of February, 2014, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 4th day of March, 2014. Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor Published in the Eden Prairie News on the day of , 2014. CITY COUNCIL AGENDA DATE: SECTION: Ordinances &Resolutions March 4, 2014 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XI.B. Richard Rosow, City Attorney Ordinance prohibiting e-cigarettes in certain locations Requested Actions Move to: Approve second reading of an Ordinance amending City Code Section 9.42 adding e- cigarettes to the prohibitions against smoking in locations covered by the Eden Prairie Smokefree Air Ordinance of 2002 and the Minnesota Clean Indoor Air Act. Synopsis At the previous meeting the Council determined to adopt an Ordinance which adds e cigarettes into the Eden Prairie Smokefree Air Act Ordinance of 2002 prohibiting smoking in parks, city facilities, motor vehicles owned by the city when occupied by two or more persons, and motor vehicles at city parks and facilities. In addition, the Ordinance adds a prohibition against smoking, both tobacco and e cigarettes, in any location the Minnesota Clean Indoor Air Act prohibits smoking. This will prohibit use of e cigarettes in bars, restaurants, retail stores, offices, public transportation, educational facilities, auditoriums, etc. Attachments Ordinance CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2014 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE SECTION 9.42 AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 9.99 WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS: Section 1. City Code Chapter 9, Section 9.42, Subd. 1 B is hereby amended by adding in alphabetical order a definition for e cigarette which reads as follows: "E Cigarette"means any electronic-smoking device that can be used to deliver nicotine or any other substances to the person inhaling from the device, including but not limited to electronic cigarettes, electronic cigars, electronic pipes or any other similar device. and renumbering the remaining definitions appropriately. Section 2. City Code Chapter 9, Section 9.42, Subd. 1 B is hereby amended by inserting into the definition for"Smoking", after the word"cigarette,"the words "e cigarette,". Section 3. City Code Chapter 9, Section 9.42, Subd. 2 A is hereby amended by adding 5 which reads as follows: 5. All locations where smoking is prohibited by the Minnesota Clean Indoor Air Act. Section 4. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 9.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 5. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 18th day of February, 2014, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 4th day of March, 2014. Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor Published in the Eden Prairie News on the day of , 2014. CITY COUNCIL AGENDA DATE: SECTION: Appointments March 4, 2014 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIII.A. City Council 2014 City Commission Appointments Requested Action Move to: Appoint to the Conservation Commission with a term ending March 31, 2017 Move to: Appoint to the Heritage Preservation Commission and with terms ending March 31, 2017 Move to: Appoint to the Flying Cloud Airport Advisory Commission and with terms ending March 31, 2017 Move to: Appoint to the Human Rights and Diversity Commission with a term ending March 31, 2015 AND and with terms ending March 31, 2017 Move to: Appoint to the Parks, Recreation and Natural Resources Commission and with terms ending March 31, 2016 AND , and with terms ending March 31, 2017 Move to: Appoint to the Planning Commission with a term ending March 31, 2015 , and with terms ending March 31, 2017 Synopsis The City Council hosted Commission interviews on Wednesday, February 26, 2014. There were 17 to 21 openings due to expiration of terms and resignations. The City received 18 applications - 10 from new applicants and 8 from commissioners reapplying for positions. All terms will begin on April 1, 2013. A required orientation session for new commissioners will be held on Thursday, March 20, 2014. CITY COUNCIL AGENDA DATE: SECTION: Appointments March 4, 2014 DEPARTMENT/ ITEM DESCRIPTION: ITEM NO.: XIII.B. DIVISION: 2014 Appointments of Chairs and Vice Chairs to City Council City Commissions Requested Action Move to: Appoint - Chair and - Vice Chair of the Conservation Commission. Move to: Appoint - Chair and -Vice Chair of the Heritage Preservation Commission. Move to: Appoint - Chair and -Vice Chair of the Human Rights and Diversity Commission Move to: Appoint - Chair and - Vice Chair of the Parks, Recreation and Natural Resources Commission. Move to: Appoint - Chair and -Vice Chair of the Planning Commission. Synopsis Chairs and Vice Chairs are appointed annually by the City Council following the appointment of members to City Commissions. The City Council hosted Commission interviews on Wednesday, February 26, 2014, and determined Chair and Vice Chair assignments for the period of April 1, 2014, through March 31, 2015.