Loading...
HomeMy WebLinkAboutCity Council - 09/16/2014 AGENDA CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY, SEPTEMBER 16, 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 H—5:30 p.m. I. 20-40-15 PROGRAM UPDATE Council Chambers— 6:30 p.m. II. OPEN PODIUM III. ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, SEPTEMBER 16, 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 Julie Klima, 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. DONATION FROM ELAINE SAMPSON FOR PURCHASE OF GLASS FUSING EQUIPMENT FOR THE ART CENTER (Resolution) B. DONATION FROM WARREN SAMPSON FOR GRAPHIC ARTS SERVICES FOR THE EDEN PRAIRIE PLAYERS BROCHURE (Resolution) C. DONATION FROM KIT & TY THAYER TO SUPPORT COMMUNITY CENTER PROGRAMMING FOR INDIVIDUALS WITH SPECIAL NEEDS (Resolution) D. ANONYMOUS DONATION FOR PURCHASE OF WIRELESS MICROPHONES FOR THE EDEN PRAIRIE PLAYERS (Resolution) V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, SEPTEMBER 2, 2014 B. CITY COUNCIL MEETING HELD TUESDAY, SEPTEMBER 2, 2014 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. EDEN HEIGHTS EAST by Stewart Land Partners LLC. Second Reading of the Ordinance for Zoning District Change from R1-22 to R1-13.5 on 1.7. Acres. Location: Southwest corner of Pioneer Trail and Eden Prairie Road (Ordinance for Zoning District Change) CITY COUNCIL AGENDA September 16, 2014 Page 2 C. ADOPT THE RESOLUTION AND APPROVE THE FIRST AND SECOND READINGS OF THE ORDINANCE EXTENDING TO JANUARY 21, 2015, THE SATISFACTION DATES FOR THE EDEN GARDEN APPROVALS D. ADOPT RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF SPECIAL ASSESSMENT ROLL AND SETTING HEARING DATE E. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH SRF CONSULTING GROUP FOR DESIGN SERVICES FOR THE WEST 70Tx STREET IMPROVEMENT PROJECT F. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH BLUESTEM HERITAGE GROUP TO PRODUCE INTERPRETIVE SIGNS AND KIOSK STAND FOR THE RILEY-JACOUES FARMSTEAD G. AUTHORIZE SUBMISSION OF A HENNEPIN YOUTH SPORTS GRANT APPLICATION FOR IMPROVEMENTS TO DRY-LAND TRAINING FACILITY AT THE COMMUNITY CENTER H. AWARD CONTRACT FOR CONSTRUCTION OF ENTRANCE TO UPPER LEVEL VACANCY IN CITY CENTER TO INTEGRITY REMODELING I. APPROVE THE SECOND AMENDMENT TO THE REHABILITATION DEFERRED GRANT PROGRAM AGREEMENT BETWEEN THE CITY OF EDEN PRAIRIE AND PROP J. APPROVE CONSTRUCTION CONTRACT WITH VALLEY-RICH CO. FOR DUCK LAKE CULVERT REPLACEMENT AT DUCK LAKE TRAIL IX. PUBLIC HEARINGS/MEETINGS A. LION'S TAP RESTAURANT by John W. Shardlow, FAICP. Request for Amending the Comprehensive Municipal Plan Change from Rural Residential to Neighborhood Commercial on 0.94 acres; Amending the Sewer Plan to extend Municipal services to serve an existing business located outside of the MUSA boundary. Rescind Resolution No 2013-97 (Approving Guide Plan Amendment and MUSA Expansion) and Resolution No 2013-98 (Approving PUD Concept Plan) Location: 16180 Flying Cloud Drive (Resolution for Guide Plan Change; Resolution Rescinding Resolution No. 2013-97 -Approving Guide Plan Amendment and MUSA Expansion and Resolution No. 2013-98 —Approving PUD Concept Plan) B. MACP by Margaret A. Cargill Philanthropies. Request for Planned Unit Development Concept Review on 5.04 acres; Planned Unit Development District Review with waivers on 5.04 acres; Zoning District Amendment within the Office Zoning District on 5.04 acres; Site Plan Review on 5.04 acres; Preliminary Plat of 5.04 acres into 1 lot Location: 6889 Rowland Road (Resolution for PUD Concept Review; Ordinance for PUD District Review with waivers and Zoning District Amendment; Resolution for Preliminary Plat) CITY COUNCIL AGENDA September 16, 2014 Page 3 X. PAYMENT OF CLAIMS XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Lease with True Friends for the Use of Camp Edenwood E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY 1. Watershed District Rules XV. OTHER BUSINESS XVI. ADJOURNMENT ANNOTATED AGENDA DATE: September 16, 2014 TO: Mayor and City Council FROM: Rick Getschow, City Manager RE: City Council Meeting for Monday, September 16, 2014 TUESDAY, SEPTEMBER 16, 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. DONATION FROM ELAINE SAMPSON FOR PURCHASE OF GLASS FUSING EQUIPMENT FOR THE ART CENTER(Resolution) Synopsis: The Art Center facilitates programs for students ages two through adult; in a variety of visual art mediums such as painting, drawing, fiber,pottery, metal jewelry, fused glass and many more. Thanks to the ongoing generosity of the Sampson family the City of Eden Prairie will be able to upgrade the glass fusing and lamp-worked studio to include a lap grinder, belt sander and glass cutter. MOTION: Move to adopt the Resolution accepting the donation in the amount of $5,000 from Elaine Sampson for the purchase of glass fusing equipment for the Eden Prairie Art Center. B. DONATION FROM WARREN SAMPSON FOR GRAPHIC ARTS SERVICES FOR THE EDEN PRAIRIE PLAYERS BROCHURE (Resolution) Synopsis: The Eden Prairie Players produce four shows a year. A summer musical, a winter play, a children's theater workshop and a collection of one act plays. The season is publicized with an annual season brochure. Mr. Sampson's generous donation will go towards the commission of illustrations for this brochure. ANNOTATED AGENDA September 16,2014 Page 2 MOTION: Move to adopt the Resolution accepting the donation in the amount of $1,250 from Warren Sampson to commission a graphic artist to create illustrations for the Eden Prairie Players 2015 season brochure. C. DONATION FROM KIT & TY THAYER TO SUPPORT COMMUNITY CENTER PROGRAMMING FOR INDIVIDUALS WITH SPECIAL NEEDS (Resolution) Synopsis: The Community Center Division in partnership with the Recreation Division provides staff, program supplies and equipment that support the needs of individuals with disabilities. Thanks to the generosity of Kit and Ty Thayer, equipment specifically designed for people with special needs will be available at the Community Center. MOTION: Move to adopt the Resolution accepting the donation in the amount of $1,000 from Kit and Ty Thayer for the purchase of equipment to support programming opportunities for individuals with special needs. D. ANONYMOUS DONATION FOR PURCHASE OF WIRELESS MICROPHONES FOR THE EDEN PRAIRIE PLAYERS (Resolution) Synopsis: The Eden Prairie Players produce four shows a year. A summer musical, a winter play, a children's theater workshop and a collection of one act plays. The addition of eight new wireless microphones will provide the audience with a better experience while cutting down on the cost of rental equipment for the annual summer musical. MOTION: Move to adopt the Resolution accepting the donation in the amount of $5,000 from an anonymous donor for the purchase of wireless microphones. 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,AUGUST 19, 2014 B. CITY COUNCIL MEETING HELD TUESDAY,AUGUST 19, 2014 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR MOTION: Move approval of items A-J on the Consent Calendar. ANNOTATED AGENDA September 16,2014 Page 3 A. CLERK'S LICENSE LIST B. EDEN HEIGHTS EAST by Stewart Land Partners LLC. Second Reading of the Ordinance for Zoning District Change from R1-22 to R1-13.5 on 1.7. Acres. Location: Southwest corner of Pioneer Trail and Eden Prairie Road (Ordinance for Zoning District Change) C. ADOPT THE RESOLUTION AND APPROVE THE FIRST AND SECOND READINGS OF THE ORDINANCE EXTENDING TO JANUARY 21, 2015, THE SATISFACTION DATES FOR THE EDEN GARDEN APPROVALS D. ADOPT RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF SPECIAL ASSESSMENT ROLL AND SETTING HEARING DATE E. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH SRF CONSULTING GROUP FOR DESIGN SERVICES FOR THE WEST 70TH STREET IMPROVEMENT PROJECT F. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH BLUESTEM HERITAGE GROUP TO PRODUCE INTERPRETIVE SIGNS AND KIOSK STAND FOR THE RILEY-JACQUES FARMSTEAD G. AUTHORIZE SUBMISSION OF A HENNEPIN YOUTH SPORTS GRANT APPLICATION FOR IMPROVEMENTS TO DRY-LAND TRAINING FACILITY AT THE COMMUNITY CENTER H. AWARD CONTRACT FOR CONSTRUCTION OF ENTRANCE TO UPPER LEVEL VACANCY IN CITY CENTER TO INTEGRITY REMODELING I. APPROVE THE SECOND AMENDMENT TO THE REHABILITATION DEFERRED GRANT PROGRAM AGREEMENT BETWEEN THE CITY OF EDEN PRAIRIE AND PROP J. APPROVE CONSTRUCTION CONTRACT WITH VALLEY-RICH CO. FOR DUCK LAKE CULVERT REPLACEMENT AT DUCK LAKE TRAIL IX. PUBLIC HEARINGS /MEETINGS A. LION'S TAP RESTAURANT by John W. Shardlow, FAICP. Request for Amending the Comprehensive Municipal Plan Change from Rural Residential to Neighborhood Commercial on 0.94 acres; Amending the Sewer Plan to extend Municipal services to serve an existing business located outside of the MUSA boundary. Rescind Resolution No 2013-97 (Approving Guide Plan Amendment and MUSA Expansion) and Resolution No 2013-98 (Approving PUD Concept Plan) Location: 16180 Flying Cloud Drive (Resolution for Guide Plan Change; Resolution Rescinding Resolution No. 2013-97 -Approving Guide Plan Amendment and MUSA Expansion and Resolution No. 2013-98—Approving PUD Concept Plan) ANNOTATED AGENDA September 16,2014 Page 4 Official notice of this public hearing was published in the September 4, 2014, Eden Prairie News and sent to 12 property owners. Synopsis: This project has two requests: 1. Reguide 0.94 acres from Rural Residential to Neighborhood Commercial. This area is to include anticipated additional property resulting from the realignment of Spring Road and for potential expansion and reconfiguration of the parking lot for Lions Tap. 2. Amend the Comprehensive Sewer Plan to extend municipal services to the Lion's Tap site. The proposed amendment to the sewer plan is in response to an environmental issue with an existing business located in an area of the City intended to remain outside of the MUSA boundary. The sewer plan amendment would allow the City to extend local infrastructure to a single property/business. This is the first step of a multi-step process. The current request addresses the process and ability to extend services to the Lion's Tap parcel. Specific details related to design, capacity, and costs will require subsequent review and agreements. The applicant previously requested and received approval from the City for a Comprehensive Guide Plan Change from Rural Residential to Neighborhood Commercial and a Comprehensive Plan Amendment to extend the MUSA boundary to include the entire 11.5 acres owned by Bert and Bonnie Notermann. City approval was contingent upon Metropolitan Council approval. Upon review of the application, the Metropolitan Council recommended an alternative course of action. The specific recommendation was to amend the sewer plan to provide for the extension of a sewer line to only serve the Lion's Tap site rather than extend the MUSA boundary to include the entire Notermann property. As a result, the proponent has withdrawn the previous request and has submitted the current request. The 120-Day Review Period Expires on October 22, 2014. The Planning Commission voted 5-0 to recommend approval of the project at the August 25, 2014, meeting. MOTION: Move to: • Close the Public Hearing; and • Adopt the Resolution for Guide Plan Change from Rural Residential to Neighborhood Commercial on 0.94 acres and Amending the Sewer Plan to Extend Municipal Services to Serve an Existing Business Located Outside of the MUSA Boundary; and • Adopt the Resolution Rescinding Resolution Nos. 2013-97 (Approving Guide Plan Amendment and MUSA Expansion) and Resolution No. 2013-98 (Approving PUD Concept Plan) ANNOTATED AGENDA September 16,2014 Page 5 B. MACP by Margaret A. Cargill Philanthropies. Request for Planned Unit Development Concept Review on 5.04 acres; Planned Unit Development District Review with waivers on 5.04 acres; Zoning District Amendment within the Office Zoning District on 5.04 acres; Site Plan Review on 5.04 acres; Preliminary Plat of 5.04 acres into 1 lot Location: 6889 Rowland Road (Resolution for PUD Concept Review; Ordinance for PUD District Review with waivers and Zoning District Amendment; Resolution for Preliminary Plat) Official notice of this public hearing was published in the September 4, 2014, Eden Prairie News and sent to 40 property owners. Synopsis: The project proposes the construction of an approximate 65,000 square foot office expansion. The existing structure is approximately 27,000 square feet. The project includes several sustainable features including green roof, photovoltaic systems, geothermal system, water capture for irrigation, solar lighting, low mow landscaping, and permeable pavers. MACP is seeking LEED Platinum certification with this building. Waivers to the maximum building height and parking requirements are requested. The maximum height waiver is requested in order to allow the construction of an elevator and stair penthouse allowing access to the green roof and photovoltaic system that is proposed to be located on the roof. The penthouse is proposed at a maximum height of 43 feet 5 inches, exceeding the height requirement by 13 feet 5 inches. The parking requirement waiver seeks a reduction in the number of parking stalls to be provided on site. City Code would require 426 on-site parking stalls. The proponent is proposing to provide 170 on-site parking stalls. The proposed parking meets the needs of the proponent's projected employee and visitor levels. Granting of the waivers supports the development of the site in a manner that promotes and demonstrates a commitment to green and sustainable practices. The 120-Day Review Period Expires on October 30, 2014. The Planning Commission voted 5-0 to recommend approval of the project at the August 25, 2014 meeting. MOTION: Move to: • Close the Public Hearing; and • Adopt the Resolution for Planned Unit Development Concept Review on 5.04 acres; and • Approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers and Zoning District Amendment within the Office Zoning District on 5.04 acres; • Adopt Resolution for Preliminary Plat of 5.04 acres into one lot; and • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. ANNOTATED AGENDA September 16,2014 Page 6 X. PAYMENT OF CLAIMS XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Lease with True Friends for the Use of Camp Edenwood Synopsis: The City of Eden Prairie owns Camp Eden Wood within Birch Island Woods; and True Friends operates the camps and programs for children and adults with a variety of disabilities property. Originally a part of the Glen Lake Sanatorium, which was owned and operated by Hennepin County, the Camp Eden Wood property and structures housed a children's tuberculosis camp, known as `Glen Lake Children's Camp' until 1950. Ownership of Camp Eden Wood property was transferred to the City of Eden Prairie in 1983. Perpetual use of the property for the benefit of disabled children and adults is a condition of the property transfer to the City of Eden Prairie. The current lease expires at the end of 2014. True Friends would like to continue leasing the property into the future. The following are highlights of the lease terms: • 20 years with the option of the city for a ten year extension • Follow all city ordinances and historic requirements • Continue to operate in a manner that meets the requirements of the deed restrictions • Provide access to city and state inspectors when needed The Historic Preservation Commission and the Parks, Recreation and Natural Resources Commission recently held a meeting on-site at Camp Eden Wood. The meeting included a tour of the site, a presentation from True Friends staff and a discussion of the lease terms. ANNOTATED AGENDA September 16,2014 Page 7 MOTION: Move to authorize lease agreement with True Friends for the use of Camp Eden Wood. E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY 1. Watershed District Rules No action is requested. This is an informational item. Synopsis: At the September 2, 2014 meeting, the City Council requested that the City Attorney research the rulemaking authority of the Riley Purgatory Bluff Creek Watershed District and report back to the City Council at their next meeting. Additionally, the City Manager stated that city staff would provide an update on the overall status of the Riley Purgatory Bluff Creek Watershed District rulemaking process under the same report. XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Move to adjourn the City Council meeting. CITY COUNCIL AGENDA DATE: SECTION: Proclamations & Presentations September 16, 2014 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: W.A. Jay Lotthammer, Director, Glass Fusing Equipment Donation for Art Parks and Recreation Center Requested Action Move to: Adopt the Resolution accepting the donation in the amount of$5,000 from Elaine Sampson for the purchase of glass fusing equipment for the Eden Prairie Art Center. Synopsis The Art Center facilitates programs for students ages two through adult; in a variety of visual art mediums such as painting, drawing, fiber, pottery, metal jewelry, fused glass and many more. Thanks to the ongoing generosity of the Sampson family the City of Eden Prairie will be able to upgrade the glass fusing and lamp-worked studio to include a lap grinder, belt sander and glass cutter. Background The Art Center opened five years ago; in that time class registrations have increased significantly. Glass fusing and lamp-worked glass bead and sculpture classes have become increasingly popular with teen participants. Glass fusing and blowing was a passion of Roger Sampson's and it is exciting to be able to teach this craft to feature generations. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2014- RESOLUTION RELATING TO ACCEPTANCE OF GIFTS BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT: The gift to the City in the amount of $5,000 to be used for the Fused Glass Program at the Eden Prairie Art Center from the Sampson Family is hereby recognized and accepted by the Eden Prairie City Council. ADOPTED by the City Council of the City of Eden Prairie this 16th day of September, 2014. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Proclamation & Presentations September 16, 2014 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IV.B. Jay Lotthammer, Director, Graphic Arts Donation to the Eden Prairie Parks and Recreation Players Requested Action Move to: Adopt the Resolution accepting the donation in the amount of$1,250 from Warren Sampson to commission a graphic artist to create illustrations for the Eden Prairie Players 2015 season brochure. Synopsis The Eden Prairie Players produce four shows a year. A summer musical, a winter play, a children's theater workshop and a collection of one act plays. The season is publicized with an annual season brochure. Mr. Sampson's generous donation will go towards the commission of illustrations for this brochure. Background The Eden Prairie Players, a program of the Parks and Recreation Department, have been producing theater in Eden Prairie since 1992. The mission is to enhance the quality of life for the community of Eden Prairie through: • Inspiring and nurturing theater opportunities for artists and volunteers, and; • Entertaining and challenging theater experiences for audiences. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2014- RESOLUTION RELATING TO ACCEPTANCE OF GIFTS BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT: The gift to the City in the amount of$1,250 to be used for graphic art for the Eden Prairie Players Community Theater Program for various theatre publications from Warren Sampson is hereby recognized and accepted by the Eden Prairie City Council. ADOPTED by the City Council of the City of Eden Prairie this 16th day of September, 2014. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Presentations & Proclamations September 16, 2014 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: W.C. Jay Lotthammer, Director, Accept Donation from Kit and Ty Thayer for Parks and Recreation the purchase of equipment to assist participants with special needs at the Community Center Requested Action Move to: Adopt the Resolution accepting the donation in the amount of$1,000 from Kit and Ty Thayer for the purchase of equipment to support programming opportunities for individuals with special needs. Synopsis The Community Center Division in partnership with the Recreation Division provides staff, program supplies and equipment that support the needs of individuals with disabilities. Thanks to the generosity of Kit and Ty Thayer, equipment specifically designed for people with special needs will be available at the Community Center. Background Adaptive program participants and participants with special needs participate in programs, camps, lessons, and Play Care located at the Community Center will greatly benefit from the equipment. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2014- RESOLUTION RELATING TO ACCEPTANCE OF GIFTS BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT: The gift to the City in the amount of$1,000 to be used for the purchase of equipment to assist participants with special needs at the Community Center from Kit and Ty Thayer is hereby recognized and accepted by the Eden Prairie City Council. ADOPTED by the City Council of the City of Eden Prairie this 16th day of September, 2014. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Proclamation & Presentations September 16, 2014 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IV.D. Jay Lotthammer, Director, Donation for Wireless Microphones for Eden Parks and Recreation Prairie Players Requested Action Move to: Adopt the Resolution accepting the donation in the amount of$5,000 from an anonymous donor for the purchase of wireless microphones. Synopsis The Eden Prairie Players produce four shows a year. A summer musical, a winter play, a children's theater workshop and a collection of one act plays. The addition of eight new wireless microphones will provide the audience with a better experience while cutting down on the cost of rental equipment for the annual summer musical. Background The Eden Prairie Players, a program of the Parks and Recreation Department, have been producing theater in Eden Prairie since 1992. The mission is to enhance the quality of life for the community of Eden Prairie through: • Inspiring and nurturing theater opportunities for artists and volunteers, and; • Entertaining and challenging theater experiences for audiences. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2014- RESOLUTION RELATING TO ACCEPTANCE OF GIFTS BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT: The gift to the City in the amount of$5,000 to be used for wireless microphones for the Eden Prairie Players Community Theater Program for various theatre productions from an anonymous donor is hereby recognized and accepted by the Eden Prairie City Council. ADOPTED by the City Council of the City of Eden Prairie this 16th day of September, 2014. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk ITEM NO.: VLB. UNAPPROVED MINUTES CITY COUNCIL WORKSHOP & OPEN PODIUM MONDAY, SEPTEMBER 2, 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 I. DESIGN STANDARDS REVIEW Project manager Emily Othus was not able to attend the workshop, so Jeremiah made the presentation in her stead. Jeremiah said the topic of design standards was raised by the Council at their 2014 goal setting session. Jeremiah noted that this is the second workshop devoted to reviewing and updating the City's design standards. Four topics identified in the earlier workshop are covered in the presentation: • Architectural Standards —Particularly the challenges posed by rehab and renovation projects • Landscaping and Screening: - Issues posed by the loss of berms through road construction and other projects • Environmental Standards —Use of LEED standards vs. other industry standards • Public Art—How prescriptive/proactive does the City wish to be in encouraging public art? Architectural Standards Jeremiah noted there are currently no architects on the Planning Commission. She suggested the City may want to reach out to individuals with that expertise in future commission recruitments. She said the City has a history of having high standards; however, those standards have not been updated recently. Building design standards typically prescribe maximum building height, fagade articulation, materials and form/entry definition. The most common tools for regulation are the Comprehensive Guide Plan, zoning codes, design guidelines, master planning, and architectural/design review boards. Jeremiah said the Council has indicated they desire design standards that support the following defining characteristics of Eden Prairie: • Durable/sustainable • Timeless/classic • Heritage: settler, prairie, agriculture • Natural amenities: integrated architecture with landscaping City Council Workshop Minutes September 9, 2014 Page 2 • Pedestrian and age-friendly Butcher Wickstrom said her concept of heritage includes more than 150-year-old buildings,but structures from 50 or 75 years ago. She said heritage is not just a snapshot in time. Jeremiah said it is tough to set standards and agree on what exactly is acceptable. She said perhaps it would help to focus on existing Eden Prairie buildings that include elements the Council would like to see more of. She noted that Eden Prairie Mall brought prairie elements into not only outside signage and landscaping, but to interior design elements. Best practices suggest the way to achieve the best architecture possible is to create standards that include exterior materials, fagade articulation, entrance articulation, transparency, and relationship to the street. Eden Prairie's current guidelines call for a minimum of 75 percent of materials to be of face brick, natural stone, glass, cast stone, cultured stone, architectural pre-cast or pre-cast concrete panel with exposed aggregate, and maximum of 25 percent of materials to be of wood, stucco, vinyl, metal and plastic (or a combination of these). Currently any material noted listed in the code falls into the 25 percent category. Jeremiah said staff has received a number of requests to use hardy plank, which can be manufactured to look like a lot of different materials. She said staff recommends updating the code to include hardy plank in the 75 percent category. Jeremiah asked the City Council to think about whether or not they want to keep vinyl and plastic in the 25 percent category, or create a new category for trim and edging that includes plastic and vinyl. She said architectural precast and precast concrete panel with exposed aggregate have a more industrial feel, and the City may want to consider removing it from the 75 percent category. Jeremiah noted that staff's current practice is to apply standards by fagade rather than the totality of a building. Mayor Tyra-Lukens asked if these standards are applied to twin homes and multi-family dwellings with homeowner associations. She said it is very difficult for associations to finance replacement of materials when they go bad. Nelson said she would like to discourage construction of only single-level buildings. She would like to encourage development of some multi-level density in certain areas. Jeremiah said the City is likely to see that kind of development in TOD areas, and that it can be expanded beyond those areas if Council wishes. Nelson said when she was a Planning Commission member, they made sure new buildings were required to adhere to the same high standards as existing buildings. She would like to make sure this practice continues. Aho said he supports having standards, but wants to allow for flexibility in unique designs. He does not want to see creativity being stifled. Jeremiah said perhaps some language to that effect can be added to the ordinance, so that proponents know there are avenues to doing something unique. Developers might be given the opportunity to present a concept to Council for review before actually submitting plans. Jeremiah asked City Council Workshop Minutes September 9, 2014 Page 3 Council to think about who they want to be part of the review process. Tyra-Lukens asked staff to gather information on how other cities do this and bring it back to Council. Jeremiah said the Council could also consider providing loans or some other incentives to encourage higher standards for buildings that are being renovated. LandscapinIz Jeremiah said best practices dictates that landscaping should be multifunctional. Landscaping on private property can be used to manage stormwater and delineate pedestrian access. Landscaping can also be used as screening, provided that pedestrian breaks are provided. Eden Prairie's current landscaping standards include deciduous overstory trees, deciduous understory trees, sod, seeded areas where there is an approved area of future building expansion, and natural vegetation in undisturbed areas and areas designated as open space. Screening standards include earth mounds, walls/fences, hedges/shrubs and compact evergreen trees. Nelson said she would like to have planters with flowers and other site elements added to the landscape standards. Jeremiah asked Council to consider what other materials they would support incorporating in landscaping and screening requirements. Tyra-Lukens asked if proof of parking will be looked at in relation to landscaping standards. Janet said this was updated a few years ago, and it will also be looked at in relation to TOD. Tyra-Lukens said she is concerned with the loss of greenscape. Tavern 4 & 5 is the only location she knows of with parking issues. She asked if training will be offered on the standards. Jeremiah agreed that is a good idea. Environmental Standards Green mandates that apply to purely private development have been enacted by less than 200 out of 89,000 local governments across the United States. In Minneapolis, all new municipal projects utilitize LEED standards. In St. Paul, new construction projects that receive more than $200,000 in City or other government funding programs can choose between environmental rating systems. Jeremiah said staff is still gathering information on what environmental standards other cities are using. This information will be passed along to the City Council. II. OPEN PODIUM III. ADJOURNMENT UNAPPROVED MINUTES ITEM NO.: VLB. EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, SEPTEMBER 2, 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 Attorney Ric Rosow, and Council Recorder Jan Curielli I. CALL THE MEETING TO ORDER Mayor Tyra-Lukens called the meeting to order at 7:00 PM. II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS /PRESENTATIONS V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Case added Item XIV.A.1. Nelson added Item XIV.A.2. MOTION: Nelson moved, seconded by Aho, to approve the agenda as amended. Motion carried 5-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY,AUGUST 19, 2014 MOTION: Butcher Wickstrom moved, seconded by Case, to approve the minutes of the Council workshop held Tuesday, August 19, 2014, as published. Motion carried 4-0-1, with Aho abstaining. B. CITY COUNCIL MEETING HELD TUESDAY,AUGUST 19, 2014 MOTION: Nelson moved, seconded by Case, to approve the minutes of the City Council meeting held Tuesday, August 19, 2014, as published. Motion carried 4- 0-1, with Aho abstaining. VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. ADOPT RESOLUTION NO. 2014-81 APPROVING EXTENSION OF VERIZON WIRELESS TELECOM LEASE AT BAKER ROAD WATER TOWER B. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH BLUESTEM HERITAGE GROUP TO PRODUCE INTERPRETIVE SIGNS AND KIOSK STAND FOR THE RILEY-JACOUES FARMSTEAD C. ADOPT RESOLUTION NO. 2014-82 DECLARING PROPERTY AS ABANDONED PROPERTY Getschow said Item B. should be removed from tonight's Consent Calendar because the agreement with Bluestem needs additional work. MOTION: Butcher Wickstrom moved, seconded by Case, to approve Items A and C of the Consent Calendar. Motion carried 5-0. IX. PUBLIC HEARINGS/MEETINGS X. PAYMENT OF CLAIMS MOTION: Butcher Wickstrom moved, seconded by Aho, to approve the payment of claims as submitted. Motion was approved on a roll call vote, with Aho, Butcher Wickstrom, Case, Nelson, and Tyra-Lukens voting "aye." XI. ORDINANCES AND RESOLUTIONS A. ADOPT RESOLUTION NO. 2014-83 DECLARING PUBLIC NUISANCES AT 19184 KRISTIE LANE Getschow said at the Open Podium portion of the last Council meeting residents approached the Council with concerns about the property at 19184 Kristie Lane. The residents expressed a desire to have it declared a public nuisance. Rosow said staff followed up with the issue brought up at the last Council meeting. He noted at the last meeting he described a possible action for the Council to pass a resolution finding that code violations on the property constitute a public nuisance. The resolution being proposed tonight declares public nuisances at 19184 Kristie Lane and sets out the conditions and code violations we believe constitute a public nuisance. The resolution also orders that permits for abatements of those conditions and violations be applied for by September 13 and that the repairs be completed by November 1, 2014. If the conditions are remedied by November 1, that would be the end of the procedure. If they are not remedied, the resolution also authorizes us to begin an action in District Court concerning the property. We would get an order from the court ordering them to do the repairs and stating that if the repairs are not made, we could go in and make repairs and assess the costs against the property. MOTION: Case moved, seconded by Nelson, to adopt Resolution No. 2014-83 declaring public nuisances at 19184 Kristie Lane, ordering abatement, and authorizing the City Attorney to proceed with an action in District Court if the public nuisances are not abated. Case said clearly the neighborhood has been very concerned about this. There are a couple of leaders who have risen up from the neighborhood about this matter, and he asked that City staff stay in communication with them about the action. Getschow said staff could come up with a protocol to keep everybody informed about the process. VOTE ON THE MOTION: Motion carried 5-0. XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. Concerns of Southwest Metro Lakes Association--Council Member Case Case said Thursday night he and Council Member Nelson met with the Southwest Metro Lakes Association to hear their continued concerns with the actions of the Riley-Purgatory-Bluff Creek Watershed District with impending rule changes. He said the Council, as elected officials, should be kept as knowledgeable as possible on their actions. The Council needs to be involved as an elected body and our actions should not be impeded by an unelected body. He suggested two things: 1) Ask the Riley-Purgatory-Bluff Creek Watershed District to postpone the vote on the new rules that is scheduled for their October meeting. This would give us time to be more involved and find out if actions are being taken that might be in violation of our rights; 2) Have Mr. Rosow look at the documents and give a brief report on his opinion as to whether the new rules might be in violation. The Southwest Metro Lakes Association has obtained some legal opinion that the revised rules might be in violation. Case said there is another longer term issue regarding what goals the Watershed District is trying to accomplish. A majority of the property within the Riley-Purgatory-Bluff Creek Watershed District is in Eden Prairie, but the majority of the Watershed District's funds are not being spent here. He wanted the Council to become involved and become more knowledgeable about this issue. He commented he believed the people of Eden Prairie must have proper access to our lakes. Nelson said the Southwest Metro Lakes group had a map that showed 2300 residential lots potentially affected by the rules. She didn't think the action was fully understood and was concerned about how the rules would affect our planning. She thought we need to slow down and get some reports back on how it will affect our policies. Tyra-Lukens said it would be helpful to know why we even have Watershed Districts. It seems we have authority for making some of these rules but she was unclear if they are supposed to be advisory to us, with what issues they are supposed to be concerned, and how they are supposed to function. Aho said he is also concerned that we have multiple watershed districts in the City. If they each have their own set of rules, it is a very confusing and onerous process to go through for any project that comes through. There could be two standards by which a project would have to abide. Nelson thought there is a question of how these rules would meet the fairness test. Case said he thought cities have statutory powers over watershed districts if cities have passed ordinances. If that is true, we might be ceding some of our powers. Getschow suggested we could get some history of watershed districts and their statutes and authority. We could also review the status of the rules. There was an earlier set of comments the Council voted on in March that had some concerns about the buffers. The City Attorney has already done some research so we should be able to give an overview at the next meeting. He thought a motion would be useful to authorize him to contact the watershed district and ask them to hold off on voting on the rules. MOTION: Case moved, seconded by Aho, to authorize the City Manager to contact the Riley-Purgatory-Bluff Creek Watershed District and ask them to hold off on their vote on the proposed rule changes. Motion carried 5-0. 2. Eden Prairie Named One of the Top Ten Safe Cities--Council Member Nelson Council Member Nelson congratulated City staff, the Police Department and the Fire Department for our being named as one of the top ten safe cities in Minnesota. Case noted we were in ninth place; however, seven of the cities were out state, and they don't have some of the issues we do in the metro area. We were in the top three in the seven-county metropolitan area. B. REPORT OF CITY MANAGER 1. Adopt Resolution No. 2014-84 Certifying Proposed 2015 Property Tax Levy,Accepting Proposed Budget for 2015, and Consenting and Approving 2015 HRA Levy Getschow said the Council has until the end of the month to adopt a preliminary property tax levy. This would be the maximum levy amount and would set the numbers that go out to property owners in October. The request is to set the levy and budget for 2015 and to set December 2, 2014, as the date for a meeting to discuss the budget and to provide an opportunity for public comment. He noted this is the second year of a two-year budget cycle. Every year we need to approve the budget and tax levy for the budget; however, the second year is more fine tuning and tweaking. In July we discussed a total City budget with a 2-2.5% increase and a preliminary tax levy increase from 2-2.7%. Since then, we have been able to fine tune some numbers and are looking at a total City budget of less than 2%. The budget will maintain service levels at the current high level but will not add any new programs or positions. He noted our property tax values are going back up, and a median-value home would see an increase of just over 5% in value. He said we see similar numbers in the commercial area, and staff will share more information towards the end of the year. He noted with the increase in property values Eden Prairie will be back to being valued at$9 billion in 2015. Case asked if we have a sense whether a median value home is back to the value it had before the losses in 2008-2009. Getschow said it is getting quite a bit closer to those levels. Case then noted the projected percentage increase for residential, apartments and commercial is down somewhat and asked if we know the formula to be used. Getschow said we can make calculations because the legislature decides at what rate they tax properties. Nelson commended the staff for keeping the budget within the inflation level and below 2%. Staff is doing innovative things to do more with less; but it takes hard work to keep the budget under control, to keep the service levels and to keep happy residents and employees. MOTION: Case moved, seconded by Butcher Wickstrom, to adopt Resolution 2014-84 that: Certifies the proposed 2015 property tax levy to be $33,792,311; Sets December 2, 2014, as the meeting which will include discussion of the budget and provide for public comment; Accepts the proposed 2015 budget of$44,337,935; and Consents and approves the HRA tax levy of$200,000. Motion carried 5-0. 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 XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Butcher Wickstrom moved, seconded by Nelson, to adjourn the meeting. Motion carried 5-0. Mayor Tyra-Lukens adjourned the meeting at 7:38 PM. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar September 16, 2014 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIILA. Christy Weigel, Clerk's License Application List Police/Support Unit These licenses have been approved by the department heads responsible for the licensed activity. Requested Action Motion: Approve the licenses listed below Private Kennel Dale & Connie Lundtvedt New on-Sale Wine with Strong Beer & 3.2 18453 Tristram Way Beer On-Sale Licenses Licensee Name: Tempus Fugit LLC DBA: Red's Savoy Pizza Temporary Liquor Licenses 582 Prairie Center Drive#260 Organization: City of Eden Prairie Licensee Name: Mansfelder4, Inc Municipal Liquor Stores DBA: Beanie's Kitchen Event: Fall Harvest Celebration 7000 Washington Avenue Wine & Beer Tasting Date: Saturday October 4, 2014 Place: Riley Jacques Barn 9100 Riley Lake Road New On-Sale Liquor License—New Organization: Rotary Club of Eden Prairie Ownership Event: 2014 Vino Classico Licensee Name: Leiserv, LLC Date: Saturday October 11, 2014 (Parent company Brunswick Corporation sold Place: Eden Prairie Community Center its 100% membership interest of Leiserv, LLC 16700 Valley View Road to AMF Bowling Centers, Inc.) DBA: Brunswick Zone XL—Eden Prairie Organization: Eden Prairie Lions Club 12200 Singeltree Lane Event: HTC Fall Gala Date: Saturday October 11, 2014 Place: Hennepin Technical College 13100 College View Drive Organization: HealthPartners Center for Memory & Aging Event: Fundraiser Dinner Date: October 23, 2014 Place: Summit Place, A SilverCrest Community 8505 Flying Cloud Drive - 1 - CITY COUNCIL AGENDA DATE: September 16, 2014 SECTION: Consent Agenda DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIILB. Community Development/Planning Eden Heights East Janet Jeremiah/Julie Klima Requested Action Move to: • Approve 2nd Reading of the Ordinance for Zoning District Change from R1-22 to R1-13.5 on 1.7 acres; and • Approve the Development Agreement for Eden Heights East. Background Information This is the final approval of the development agreement and plans for a 4 lot single family lot subdivision. The 120-Day Review Period Expires on October 10, 2014. Attachments 1. Ordinance for District Review 2. Summary Ordinance 3. Development Agreement EDEN HEIGHTS EAST CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2014 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 R1-22 District and be placed in the R1-13.5 District. Section 3. The proposal is hereby adopted and the land shall be, and hereby is removed from the R1-22 District and shall be included hereafter in the R1-13.5 District, and the legal descriptions of land in each District referred to in City Code Section 11.03, Subdivision 1, Subparagraph B, shall be, and are amended accordingly. Section 4. City Code Chapter 1, entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99, "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 5. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of , 2014, entered into between Stewart Land Partners LLC and the City of Eden Prairie, and which Agreement are hereby made a part hereof. Section 6. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 14th day of July, 2014, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the 16th day of September, 2014. Kathleen A. Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on , 2014. Exhibit A Legal Description Before Final Plat Lot 1, Block 1, Hennepin County Plat No. 2, Hennepin County, Minnesota Legal Description After Final Plat Lots 1-4, Block 1, Eden Heights East, Hennepin County, Minnesota EDEN HEIGHTS EAST CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF 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 1 AND SECTION 11.99, WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: SUMMARY: This ordinance allows rezoning of land located south of Pioneer Trail and west of Eden Prairie Road from R1-22 Zoning District to R1-13.5 Zoning District. Exhibit A, included with this Ordinance, gives the full legal description of this property. EFFECTIVE DATE: This Ordinance shall take effect upon publication. ATTEST: Kathleen A. Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on , 2014. Exhibit A Legal Description Before Final Plat Lot 1, Block 1, Hennepin County Plat No. 2, Hennepin County, Minnesota Legal Description After Final Plat Lots 1-4, Block 1, Eden Heights East, Hennepin County, Minnesota DEVELOPMENT AGREEMENT EDEN HEIGHTS EAST THIS DEVELOPMENT AGREEMENT ("Agreement")is entered into as of August 19, 2014,by Stewart Land Partners LLC,a Minnesota limited liability company hereinafter referred to as "Developer," its successors and assigns, and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City": WITNESSETH: WHEREAS, Developer has applied to City for Zoning District Change from R1-22 to R1- 13.5 on 1.7 acres, and Preliminary Plat of 1.7 acres into 4 lots, legally described on Exhibit A (the "Property"); NOW,THEREFORE,in consideration of the City adopting Ordinance No. for Zoning District Change from R1-22 to R1-13.5 on 1.7 acres, Resolution No. for Preliminary Plat, Developer agrees to construct, develop and maintain the Property as follows: 1. PLANS: Developer shall develop the Property in conformance with the materials revised and stamp dated May 8,2014 reviewed and approved by the City Council on July 14,2014, (hereinafter the "Plans") and identified on Exhibit B, subject to such changes and modifications as provided herein. 2. EXHIBIT C: Developer agrees to the terms, covenants, agreements, and conditions set forth in Exhibit C. 3. DEVELOPER'S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a violation of City Code relating to use of the Land construction thereon or failure to fulfill an obligation imposed upon the Developer pursuant to this Agreement,City shall give 24 hour notice of such violation in order to allow a cure of such violation,provided however, City need not issue a building or occupancy permit for construction or occupancy on the Land while such a violation is continuing, unless waived by City. The existence of a violation of City Code or the failure to perform or fulfill an obligation required by this Agreement shall be determined solely and conclusively by the City Manager of the City or a designee. 4. DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer shall release,defend and indemnify City,its elected and appointed officials,employees and agents from and against any and all claims, demands, lawsuits, complaints, loss, costs (including attorneys' fees), damages and injunctions relating to any acts, failures to act, errors, omissions of Developer or Developer's consultants,contractors,subcontractors,suppliers and agents. Developer shall not be released from its responsibilities to release, defend and indemnify because of any inspection, review or approval by City. 5. FINAL PLAT: The final plat of the Property shall be recorded with the Hennepin County Recorder or Registrar of Titles,as applicable within 90 days of approval by the City Council. If the final plat is not filed within the above referenced 90 days,the City Council may,upon ten days written notice, to the Developer, consider a resolution revoking the approval. 6. GRADING, DRAINAGE, AND STORMWATER POLLUTION PREVENTION PLANS: A. FINAL GRADING AND DRAINAGE PLAN: Developer agrees that the grading and drainage plan contained in the Plans is conceptual. Prior to the release of a land alteration permit for the Property, Developer shall submit and obtain the City Engineer's written approval of a final grading and drainage plan for the Property. The final grading and drainage plan shall include all wetland information, including wetland boundaries,wetland buffer strips and wetland buffer monument locations;all Stormwater Facilities, such as water quality ponding areas, stormwater detention areas, and stormwater infiltration systems; and any other items required by the application for and release of a land alteration permit. All design calculations for storm water quality and quantity together with a drainage area map shall be submitted with the final grading and drainage plan. Prior to release of the grading bond, Developer shall certify to the City that the Stormwater Facilities conform to the final grading plan and that the Stormwater Facilities are functioning in accordance with the approved plans. Developer shall employ the design professional who prepared the final grading plan. The design professional shall monitor construction for conformance to the approved final grading plan and Stormwater Pollution Prevention Plan(SWPPP). The design professional shall provide a final report to the City certifying completion of the grading in conformance the approved final grading plan and SWPPP. In addition,the design professional retained by the Developer to perform the monitoring of the Project shall be responsible for all monitoring, data entry and reporting to the PermiTrack ESC web-based erosion and sediment permit tracking program utilized by the City. B. STORMWATER FACILITY CONSTRUCTION: Stormwater Facilities, including detention basins,retention basins, "Stormwater Infiltration"or"Filtration Systems"(such as rainwater gardens,vegetated swales,infiltration basins,vegetated filters, filter strips, curbless parking lot islands, parking lot islands with curb-cuts, traffic islands, tree box filters, bioretention systems or infiltration trenches) or "Underground Systems" (such as media filters, underground sand filters, underground vaults, sedimentation chambers,underground infiltration systems,pre- manufactured pipes, modular structures or hydrodynamic separators) shall be maintained by the Developer during construction and for a minimum of two (2) full growing seasons after completion of the development to ensure that soil compaction, erosion, clogging, vegetation loss, channelization of flow or accumulation of sediment are not occurring,and thereafter by the Owner of the Property.Planting and Maintenance Plans for the Stormwater Facilities (where appropriate) to ensure that the Stormwater Facilities continue to function as designed in perpetuity must be submitted prior to release of the first building permit for the Development Developer shall employ the design professional who prepared the final grading plan to monitor construction of the Stormwater Facilities for conformance to the Minnesota Pollution Control Agency publication entitled"State of Minnesota Storm Water Manual" dated November 2005, the approved final grading plan and the requirements listed herein. All inspections of underground systems shall be performed by personnel that have approved OSHA confined space training. Maintenance techniques must be used during construction to protect the infiltration capacity of all Stormwater Infiltration Systems by limiting soil compaction to the greatest extent possible. This must include delineation of the proposed infiltration system with erosion control fencing prior to construction; installation of the infiltration system using low-impact earth moving equipment; and not allowing equipment, vehicles, supplies or other materials to be stored or allowed in the areas designated for stormwater infiltration during construction. In areas of structural infiltration Developer shall prior to construction of the infiltration system provide a plan that addresses: (i) construction management practices to assure the infiltration system will be functional; (ii), erosion control measures; (iii) infiltration capacity; (iv) performance specifications that the completed infiltration system must meet to be considered functional by City and(v) corrective actions that will be taken if the infiltration system does not meet the performance specification. All Stormwater Infiltration Systems must be inspected prior to final grading to ensure that the area is infiltrating as proposed and to determine if corrective measures are required to allow infiltration as proposed. Field verification of post-construction infiltration rates must be provided to the City within 30 days after the first rainfall event of 1/2 inch or greater after the Stormwater Infiltration Systems become operational. If infiltration rates are reduced a plan to restore adequate infiltration must be provided within 90-days of the field verification test. The work required to bring the Stormwater Infiltration System back into compliance be implemented within 60 days of City approval of the plan. Pervious surfaces shall be stabilized with seed and mulch or sod and all impervious surfaces must be completed prior to final grading and planting of the Stormwater Infiltration Systems. Stormwater Infiltration Systems that are constructed under a building shall be designed for maintenance access and installed in conformance with the standards outlined in The Minnesota Stormwater Manual (November 2005) and/or the Plans. The System shall be kept off-line until construction is complete. Field verification of post-construction infiltration rates must be provided to the City within 30 days after the first rainfall event of one-half inch or greater following the Storm Water Infiltration Systems becoming operational. If the infiltration rates are reduced by construction, a plan to restore adequate infiltration must be provided within 90-days of the field test C. STORMWATER FACILITY INSPECTION AND MAINTENANCE: A Stormwater Maintenance Plan must be provided for operation and maintenance of all Stormwater Facilities to ensure they continue to function as designed in perpetuity prior to issuance of the Land Alteration Permit. The Stormwater Maintenance Plan must identify and protect the design, capacity and functionality of all Stormwater Facilities. The Maintenance Plan must contain at a minimum: the party(s) responsible for maintenance; access plans; inspection frequency; methods used for field verification of infiltration for Stormwater Infiltration Systems;routine and non- routine inspection procedures; sweeping frequency for all parking and road surfaces; plans for restoration of reduced infiltration for Stormwater Infiltration Systems; and plans for replacement of failed systems, all pursuant to and in accordance with Eden Prairie City Code Section 11.55, Subd. 8. During construction and for two years following completion of construction, all Stormwater Facilities shall be inspected at a minimum of once annually to determine if the Stormwater Facility(s) is treating stormwater as designed and should occur within 72-hours after a rainfall event of one-inch or greater to verify infiltration. All Stormwater Facilities shall be kept free of debris,litter,invasive plants and sediment. Erosion impairing the function or integrity of the Stormwater Facilities,if any,must be corrected and any structural damage impairing or threatening to impair the function of the Stormwater Facilities must be repaired. The following criteria must be included in the inspection: • A storage treatment basin(including retention and detention basins) shall be considered inadequate if sediment has decreased the wet storage volume by 50 percent or dry storage volume by 25 percent of its original design volume. • A Stormwater Infiltration System shall be considered inadequate if sediment has accumulated that impairs or has the potential to impair infiltration of stormwater. • An underground storage chamber shall be considered inadequate if sediment has decreased the storage volume by 50 percent of its original design volume. Based on this inspection,if a Stormwater Facility requires cleanout,the Stormwater Facility shall be restored to its original design and/or the infiltration capacity of the underlying soils must be restored and any surface disturbance must be stabilized within one year of the inspection date. Sediment, debris, litter or vegetation removal in Stormwater Infiltration Systems shall be by hand or with a flat-bottomed shovel or rake during dry periods. Only enough sediment shall be removed as needed to restore hydraulic capacity,leaving as much of the vegetation in place as possible. Any damaged turf or vegetation shallbe reseeded or replaced. After the two year period of maintenance,the Owner of the Property shall continue to be responsible for maintenance of the Stormwater Facilities. This shall include inspections at a minimum of once per every five years. Regular maintenance shall be conducted and must include regular sweeping of private streets,parking lots or drive aisles at a minimum of once per year; debris and litter removal;removal of noxious and invasive plants; removal of dead and diseased plants; maintenance of approved vegetation; re-mulching of void areas; replanting or reseeding areas where dead or diseased plants were removed; and removal of sediment build-up. Sediment build-up in above-ground Stormwater Infiltration or Filtration Systems shall be removed by hand. Areas above Underground Systems shall be kept free of structures that would limit access to the System for inspections, maintenance or replacement. D. STORMWATER POLLUTION PREVENTION PLAN (SWPPP): Prior to issuance of a land alteration permit,Developer shall submit to the City Engineer and obtain City Engineer's written approval of Stormwater Pollution Prevention Plan (SWPPP) for the Property. The SWPPP shall include all boundary erosion control features, temporary stockpile locations, turf restoration procedures, concrete truck washout areas and any other best management practices to be utilized within the Project. Prior to release of the grading bond, Developer shall complete implementation of the approved SWPPP. 7. PERFORMANCE STANDARDS: Developer agrees that the Property will be operated in a manner meeting all applicable noise,vibration,dust and dirt, smoke,odor and glare laws and regulations. Developer further agrees that the facility upon the Property shall be operated so noise,vibration,dust and dirt, smoke,odor and glare do not go beyond the Property boundary lines. 8. RETAINING WALLS: Prior to issuance by the City of any permit for grading or construction on the Property, Developer shall submit to the Chief Building Official, and obtain the Chief Building Official's written approval of detailed plans for the retaining walls identified on the grading plan in the Plans. These plans shall include details with respect to the height,type of materials,and method of construction to be used for the retaining walls. Developer shall complete implementation of the approved retaining wall plan in accordance with the terms and conditions of Exhibit C, attached hereto, prior to issuance of any occupancy permit for the Property. All maintenance and repair of all retaining walls on the Property shall be the responsibility of the Developer, its successors and assigns. 9. SPECIAL ASSESSMENT AGREEMENT: Prior to the release of the final plat for the Property,an assessment agreement,in the form and substance as attached in Exhibit D,shall be signed by the owner(s) of the Property with the City for trunk sewer and water assessments on an assessable area of 1.31 acres in the amount of$9,549.90. 10. STREET AND UTILITY PLANS: Prior to issuance by the City of any permit for the construction of streets and utilities for the Property, Developer shall submit to the City Engineer,and obtain the City Engineer's written approval of plans for public streets,sanitary sewer, water and storm sewer. Plans for public infrastructures shall be of a plan view and profile on 24 x 36 or 22 x 34 plan sheets consistent with City standards. Prior to release of the final plat for the Property, Developer shall furnish to the City Engineer and receive the City Engineer's written approval of a surety equal to 125%of the cost of said improvements prior to the release of the Final Plat. The Developer shall also be responsible to provide security in the amount of 25% of the cost of public infrastructure upon completion and acceptance of the public infrastructure to serve as a warranty for a period of two years upon acceptance of said public infrastructure by the City. A permit fee of five percent of construction value shall be paid to City by Developer prior to the release of the Final Plat. The design engineer shall provide daily inspection, certify completion in conformance to approved plans and specifications and provide record drawings. 11. TEMPORARY EASEMENT: Prior to the release of the final plat, the Developer shall provide to the City Engineer, in form and substance as attached as Exhibit E hereto, a temporary easement on, over, under and across Lot 2, Block 1 and Lot 2, Block 2 of the Property for the grading and construction of the future connection and extension of Serenity Lane to the land to the east of the Property as indicated on the Plans. No permanent structures may be placed within the temporary easement area. The City shall not be responsible for any compensation to the owners of Lot 2, Block 1 or Lot 2, Block 2 for any costs to remove or damage caused by removal of any structure,property,landscaping,or real or personal property improvements of any type(hereinafter referred to as "improvements") that are located within the temporary easement area. If the Developer, its successors or assigns fail to remove any improvements within five (5) days of receiving written notice from the City to do so, the City may remove and dispose of all improvements within the temporary easement area. Upon final construction of Serenity Lane, said temporary easement will be released by the City. After approval by the City Engineer, Developer shall file the temporary easement with the Hennepin County Recorder/Registrar of Title as appropriate immediately after the recording of the final plat and prior to recording of any document affecting the property including but not limited to any mortgage granted by the Developer or owners, their successors and/or assigns. Developer shall provide proof that the easement document has been recorded in the Hennepin County Recorder's Office/Registrar of Titles' Office. 12. TREE LOSS -TREE REPLACEMENT: There are 15 diameter inches of significant trees on the Property. Tree loss related to development on the Property is calculated at 15 diameter inches. Tree replacement required is 20 caliper inches.Prior to the issuance of any grading permit for the Property, Developer shall submit to the City Forester and receive the City Forester's written approval of a tree replacement plan for 20 caliper inches. This approved plan shall include replacement trees of a 3-inch diameter minimum size for a shade tree and a 7-foot minimum height for conifer trees. The approved plan shall also provide that, should actual tree loss exceed that calculated herein, Developer shall provide tree replacement on a caliper inch per caliper inch basis for such excess loss. Prior to issuance of any grading permit for the Property,Developer shall furnish to the City Planner and receive the City Planner's approval of a tree replacement bond equal to 150% of the cost of said improvements as required by City Code. Developer shall complete implementation of the approved tree replacement plan prior to occupancy permit issuance. IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. CITY OF EDEN PRAIRIE By Nancy Tyra-Lukens Its Mayor By Rick Getschow Its City Manager STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 2014, by Nancy Tyra-Lukens and Rick Getschow,respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. Notary Public Stewart Land Partners, LLC By Its STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 2014,by the of a on behalf of the company. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 EXHIBIT A DEVELOPMENT AGREEMENT -EDEN HEIGHTS EAST Legal Description Before Final Plat: Lot 1, Block 1, Hennepin County Plat No. 2 Legal Description After Final Plat Lots 1 and 2, Block 1; and Lots 1 and 2, Block 2, Eden Heights East, Hennepin County, Minnesota. EXHIBIT B DEVELOPMENT AGREEMENT - EDEN HEIGHTS EAST 1. Boundary Topographic Survey dated 10/16/13 by HTPO, Inc 2. Preliminary Plat dated 05/05/14 by Pellinen Professional Services 3. Site Plan dated 05/05/14 by Pellinen Professional Services 4. Grading, Drainage, & Erosion Control dated 05/05/14 by Pellinen Professional Services 5. Interim Grading, Drainage, & Erosion Control dated 05/05/14 by Pellinen Professional Services 6. Ghost Plat& Future Grades dated 05/05/14 by Pellinen Professional Services 7. Utility Plan dated 05/05/14 by Pellinen Professional Services 8. Tree Removal, Preservation & Replacement dated 05/05/14 by Pellinen Professional Services 9. Street, Storm Sewer, Sanitary Sewer, Water Main dated 05/05/14 by Pellinen Professional Services EXHIBIT C DEVELOPMENT AGREEMENT—EDEN HEIGHTS EAST I. Prior to release of any building permit, Developer shall submit to the City Engineer for approval two copies of a development plan(1" =100' scale) showing existing and proposed contours,proposed streets,and lot arrangements and size,minimum floor elevations on each lot,preliminary alignment and grades for sanitary sewer,water main, and storm sewer, 100- year flood plain contours, ponding areas, tributary areas to catch basins, arrows showing direction of storm water flow on all lots,location of walks,trails,and any property deeded to the City. II. Developer shall submit detailed construction and storm sewer plans to the Watershed District for review and approval. Developer shall follow all rules and recommendations of said Watershed District. III. Developer shall pay cash park fees as to all of the Property required by City Code in effect as of the date of the issuance of each building permit for construction on the Property. IV. If Developer fails to proceed in accordance with this Agreement within twenty-four (24) months of the date hereof,Developer,for itself,its successors,and assigns, shall not oppose the City's reconsideration and rescission of any Rezoning, Site Plan review and/or Guide Plan review approved in connection with this Agreement, thus restoring the status of the Property before the Development Agreement and all approvals listed above were approved. V. Provisions of this Agreement shall be binding upon and enforceable against the Property and the Owners, their successors and assigns of the Property. VI. The Developer hereby irrevocably nominates, constitutes, and appoints and designates the City as its attorney-in-fact for the sole purpose and right to amend Exhibit A hereto to identify the legal description of the Property after platting thereof. VII. Developer represents that it has marketable fee title to the Property, except: With respect to any interest in all portions of the Property which Developer is required, pursuant to this Agreement, to dedicate or convey to the City (the "Dedicated Property"), Developer represents and warrants as follows now and at the time of dedication or conveyance: A. That Developer has marketable fee title free and clear of all mortgages, liens, and other encumbrances. Prior to final plat approval,Developer shall provide to the City a current title insurance policy insuring such a condition of title. B. That Developer has not used, employed, deposited, stored, disposed of, placed or otherwise allowed to come in or on the Dedicated Property,any hazardous substance, hazardous waste, pollutant, or contaminant, including, but not limited to, those defined in or pursuant to 42 U.S.C. § 9601,et. seq.,or Minn. Stat.,Sec. 115B.01,et. seq. (such substances, wastes,pollutants, and contaminants hereafter referred to as "Hazardous Substances"); C. That Developer has not allowed any other person to use, employ, deposit, store, dispose of,place or otherwise have,in or on the Property,any Hazardous Substances. D. That no previous owner, operator or possessor of the Property deposited, stored, disposed of, placed or otherwise allowed in or on the Property any hazardous substances. Developer agrees to indemnify, defend and hold harmless City, its successors and assigns, against any and all loss,costs,damage and expense,including reasonable attorneys fees and costs that the City incurs because of the breach of any of the above representations or warranties and/or resulting from or due to the release or threatened release of Hazardous Substances which were, or are claimed or alleged to have been, used,employed,deposited, stored, disposed of, placed, or otherwise located or allowed to be located, in or on the Dedicated Property by Developer, its employees, agents, contractors or representatives. VIII. Developer acknowledges that Developer is familiar with the requirements of Chapter 11, Zoning,and Chapter 12,Subdivision Regulations,of the City Code and other applicable City ordinances affecting the development of the Property. Developer agrees to develop the Property in accordance with the requirements of all applicable City Code requirements and City Ordinances. IX. Prior to release of the final plat,Developer shall pay to City fees for the first three(3)years' street lighting on the public streets adjacent to the Property (including installation costs, if any, as determined by electrical power provider), engineering review, and street signs. X. Developer shall submit detailed water main, fire protection, and emergency vehicle access plans to the Fire Marshal for review and approval. Developer shall follow all the recommendations of the Fire Marshal. XL Developer acknowledges that the rights of City performance of obligations of Developer contemplated in this agreement are special, unique, and of an extraordinary character, and that, in the event that Developer violates, or fails, or refuses to perform any covenant, condition, or provision made herein, City may be without an adequate remedy at law. Developer agrees,therefore,that in the event Developer violates,fails,or refuses to perform any covenant, condition, or provision made herein, City may, at its option, institute and prosecute an action to specifically enforce such covenant, withhold building permits or rescind or revoke any approvals granted by the City. No remedy conferred in this agreement is intended to be exclusive and each shall be cumulative and shall be in addition to every other remedy. The election of anyone or more remedies shall not constitute a waiver of any other remedy. XII. Developer shall,prior to the commencement of any improvements,provide written notice to Comcast of the development contemplated by this Development Agreement. Notice shall be sent to Comcast Cable, 9705 Data Park, Minnetonka, Minnesota 55343. XIH. Prior to building permit issuance,all fees associated with the building permit shall be paid to the Inspections Department,including;Building permit fee,plan check fee,State surcharge, metro system access charge(SAC),City SAC and City water access charge(WAC),and park dedication. Contact Metropolitan Waste Control to determine the number of SAC units. XIV. Prior to building permit issuance, except as otherwise authorized in the approved Plans, existing structures, wells and septic systems (if present) shall be properly abandoned or removed as required by City ordinance and all permits obtained through the Inspections Department. XV. Prior to building permit issuance,provide two copies of an approved survey or site plan(1"_ 200 scale) showing proposed building location and all proposed streets,with approved street names, lot arrangements and property lines. XVL The City shall not issue any building permit for the construction of any building, structure,or improvement on the Property until all requirements listed in this Exhibit C have been satisfactorily addressed by Developer. XVIL No failure of the City to comply with any term,condition,covenant or agreement herein shall subject the City to liability for any claim for damages, costs or other financial or pecuniary charges. No execution on any claim, demand, cause of action or judgment shall be levied upon or collected from the general credit, general fund or taxing powers of the City. XVIH. Prior to issuance of the first building permit for the Property, Developer shall permanently demarcate the location of the boundary of the conservation easement on each lot property line or corner with permanent four-foot tall posts. A 2 1/2 by 6 inch sign or decal reading "Scenic/Conservation Easement Boundary,City of Eden Prairie",will be affixed to the top of the post. XIX. Within 10 days of the approval of the Development Agreement, the Developer shall record the Development Agreement at the County Recorder and/or Registrar of Titles. The final plat shall not be released until proof of filing of the Development Agreement is submitted to the City. XX. The City is hereby granted the option, but not the obligation, to complete or cause completion in whole or part of all of the Developer's obligations under this Agreement for which a bond, letter of credit, cash deposit or other security (hereinafter referred to as the "Security")is required if the Developer defaults with respect to any term or condition in this Agreement for which Security is required and fails to cure such default(s) within ten (10) days after receipt of written notice thereof from the City;provided however if the nature of the cure is such that it is not possible to complete the cure within ten (10) days, it shall be sufficient if the Developer has initiated and is diligently pursuing such cure. The Developer acknowledges that the City does not assume any obligations or duties of the Developer with respect to any such contract agreements unless the City shall agree in writing to do so. The City may draw down on or make a claim against the Security, as appropriate,upon five (5)business days notice to the Developer,for any violation of the terms of this Agreement or if the Security is allowed to lapse prior to the end of the required term. If the obligations for which Security is required are not completed at least thirty(30)days prior to the expiration of the Security and if the Security has not then been renewed, replaced or otherwise extended beyond the expiration date, the City may also draw down or make a claim against the Security as appropriate. If the Security is drawn down on or a claim is made against the Security, the proceeds shall be used to cure the default(s) and to reimburse the City for all costs and expenses, including attorneys' fee, incurred by the City in enforcing this Agreement. XXL The Developer hereby grants the City, it's agents, employees, officers and contractors a license to enter the Property to perform all work and inspections deemed appropriate by the City in conjunction with this Agreement. XXIL This Agreement is a contract agreement between the City and the Developer. No provision of this Agreement inures to the benefit of any third person,including the public at large,so as to constitute any such person as a third-party beneficiary of the Agreement or of any one or more of the terms hereof, or otherwise give rise to any cause of action for any person not a party hereto. XXIII. Except as specifically authorized by the Director of Public Works,no permit shall be issued for the Property until the Developer has recorded the final plat with Hennepin County Recorder's Office/Registrar of Titles' Office. EXHIBIT D DEVELOPMENT AGREEMENT - EDEN HEIGHTS EAST AGREEMENT REGARDING SPECIAL ASSESSMENTS THIS IS AN AGREEMENT MADE THIS 19"'day of August,2014,between the City of Eden Prairie,a municipal corporation,(the "City") and Stewart Land Partners,a Minnesota limited liability company(the "Owner"). A. The Owner holds legal and equitable title to property described as Lots 1-2, Block 1; Lots 1 -2,Block 2,Eden Heights East,Hennepin County,Minnesota,which property is the subject of this Agreement and is hereinafter referred to as the "Property". B. The Owner desires to develop the property in such a manner that relies upon the City's trunk utility system,including trunk sanitary sewers,trunk watermains,wells,elevated storage facilities and a water treatment plant(all of which is hereafter referred to as the "Improvement"). C. The parties hereto desire to enter into an Agreement concerning the financing of the construction of the Improvements all of which will inure to the benefit of the Property. AGREEMENTS IT IS HEREBY AGREED as follows: 1. The Owner consents to the levying of assessments against the Property in the amount of $9,549.90 for the Improvements. 2. The City's assessment records for the Property will show the assessments as a"pending assessment" until levied. 3. The Owner waives notice of any assessment hearing to be held at which hearing or hearings the assessment is to be considered by the City Council and thereafter approved and levied. 4. The Owner concurs that the benefit to the Property by virtue of the Improvements to be constructed exceeds the amount of the assessment to be levied against the Property. The Owner waives all rights it has by virtue of Minnesota Statute 429.081 or otherwise to challenge the amount or validity of the assessments, or the procedures used by the City in apportioning the assessments and hereby releases the City,its officers,agents and employees from any and all liability related to or arising out of the imposition or levying of the assessments. 5. This Agreement shall be effective immediately. 6. This Agreement may not be terminated or amended except in writing executed by both parties hereto,provided however upon the levying of the special assessments contemplated by Paragraph 1 hereof the City may upon request of the owner of the property affected, without the necessity of further City Council approval, unilaterally prepare and provide to the owner for recording a document releasing any property so levied from this Agreement. 7. This Agreement constitutes a lien on the Property in the amount of$9,549.90 until such time as the assessments referred to above are levied. CITY OF EDEN PRAIRIE A Minnesota Municipal Corporation By: NOT TO BE SIGNED Nancy Tyra-Lukens Its Mayor By: NOT TO BE SIGNED Rick Getschow, Its City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 2014, by Nancy Tyra-Lukens,the Mayor,and Rick Getschow,the City Manager,of the City of Eden Prairie,a Minnesota municipal corporation, on behalf of the corporation. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 2014,by the a Minnesota , on behalf of the Notary Public OWNER A Minnesota By: NOT TO BE SIGNED STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 2014,by the a Minnesota , on behalf of the Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 EXHIBIT E DEVELOPMENT AGREEMENT - EDEN HEIGHTS EAST TEMPORARY EASEMENT TEMPORARY CONSTRUCTION EASEMENT FOR VALUABLE CONSIDERATION, Stewart Land Partners,LLC, a Minnesota limited liability company, hereby conveys and warrants to the City of Eden Prairie, Minnesota, a municipal corporation organized under the laws of the State of Minnesota (the "City") and its contractor, a temporary easement over,under and across that part of[Lot 2,Block 1] and [Lot 2,Block 2],Eden Heights East,Hennepin County,Minnesota(the"Property"),according to the recorded plat thereof, described on Exhibit A attached hereto (the"Easement Area"),for for the grading and construction of the future connection and extension of Serenity Lane to the land to the east of the Property as indicated on Exhibit A. No permanent structures may be placed within the temporary easement area. The City shall not be responsible for any compensation to the owner of the Property for any costs to remove or damage caused by removal of any structure,property,landscaping,or real or personal property improvements of any type (hereinafter referred to as "improvements") that are located within the temporary easement area. If the Developer,its successors,or assigns fail to remove any improvements within five (5) days of receiving written notice from the City to do so,the City may remove and dispose of all improvements within the temporary easement area. Upon final construction of Serenity Lane, said temporary easement will be released by the City. This agreement is binding upon the heirs, successors, executors, administrators and assigns of the parties hereto. [signatures on next page] DATED: Stewart Land Partners, LLC By: Its: Approved: City of Eden Prairie By: Rod Rue, P.E. City Engineer STATE OF MINNESOTA) ) SS COUNTY OF ) This instrument was acknowledged before me this day of 2014, by , the of Stewart Partners LLC, on behalf of Stewart Partners, LLC. Notary Public STATE OF MINNESOTA ) ) SS COUNTY OF ) This instrument was acknowledged before me this day of 2014, by the of the City of Eden Prairie, on behalf of the City. Notary Public Drafted By: City of Eden Prairie Engineering Department 8080 Mitchell Road Eden Prairie, MN 55344 CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda September 16, 2014 DEPARTMENT/DIVISION: ITEM DESCRIPTION: Richard Rosow Adopt an Ordinance and Resolution ITEM NO.: VIH.C. City Attorney extending the satisfaction dates for the Eden Garden approvals Requested Action Move to: Adopt the Resolution and approve the First and Second Readings of the Ordinance extending to January 21, 2015, the satisfaction dates for the Eden Garden approvals. Synopsis The closing has been delayed due to an ambiguity identified by Hennepin County in the legal description on the plat. The developer's engineer and Hennepin County are working to revise the legal description. This may then require a revision to the legal description in the proposed deed from MnDOT to the HRA. It is not clear how long the process to revise the legal description will take and as such it is appropriate to extend the satisfaction date to January 21, 2015. Background Information The Council adopted Resolution Nos. 2014-66, 2014-67, and 2014-68 on June 17, 2014 and Ordinance No. 17-2014-PUD-1-2014 on August 19, 2014. The Resolutions contain a satisfaction date of August 31, 2014 and Ordinance contains a satisfaction date of September 12, 2014. The proposed Resolution and Ordinance amendments extend that date to January 21, 2015. Attachment Ordinance Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2014- A RESOLUTION AMENDING RESOLUTION NOS. 2014-66, 2014-67,AND 2014-68 RELATING TO THE EDEN GARDENS DEVELOPMENT WHEREAS, the City of Eden Prairie adopted Resolution No. 2014-66 for Guide Plan Change, Resolution No. 2014-67 for Planned Unit Development Concept Review, and Resolution No. 2014-68 for Preliminary Plat("Resolutions"), all in relation to the Eden Gardens development; and WHERAES, each of the Resolutions includes a number of conditions related to the development and a date by which the conditions must be satisfied ("Satisfaction Date"); and WHEREAS, there has been a delay in the closing due to an ambiguity in the legal description. NOW, THEREFORE, BE IT RESOLVED, by the Eden Prairie City Council as follows: 1. The Resolutions are hereby amended by extending the Satisfaction Date to January 21, 2015. This amendment is retroactive to August 31, 2014. 2. The Resolutions, including the amendments, approvals and conditions, except as amended herein, remain in full force and effect. ADOPTED by the City Council of the City of Eden Prairie this 16th day of September, 2014. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk EDEN GARDENS CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2014 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING ORDINANCE NO. 17-2014-PUD-1-2014 RELATING TO THE EDEN GARDENS DEVELOPMENT WHEREAS, the City of Eden Prairie adopted Ordinance No. 17-2014-PUD-1-2014 for Planned Unit Development District Review and Zoning District Change from Rural to R1-9.5 on 8.39 acres ("Ordinance") in relation to the Eden Gardens development; and WHEREAS, the Ordinance includes a number of conditions related to the development and a date by which the conditions must be satisfied ("Satisfaction Date"); and WHEREAS, there has been a delay in the closing due to an ambiguity in in the legal description. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. The Ordinance is hereby amended by extending the Satisfaction Date to January 21, 2015. This amendment is retroactive to September 12, 2014. Section 2. The Ordinance, including the amendments, approvals and conditions, except as amended herein, remains in full force and effect. FIRST and finally read, adopted, and ordered published at a regular meeting of the City Council of the City of Eden Prairie on the 16th day of September, 2014. ATTEST: Kathleen A. Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on , 2014. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar September 16, 2014 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIILD. Jim Richardson Adopt Resolution Declaring Costs to be Public Works /Engineering Assessed and Ordering Preparation of 2014 Special Assessment Roll and Setting Hearing Date Requested Action Move to: Adopt resolution declaring costs to be assessed and ordering preparation of 2014 Special Assessment Hearing rolls and setting Hearing date. Synopsis A Special Assessment Hearing is conducted annually in late October or early November. The assessments levied are for projects which have reached the point of substantial completion since the previous hearing. This process is conducted in accordance with State Statutes and procedure developed with the assistance of the City Attorney. Attachments • Resolution • Exhibit A - 2014 Special Assessments CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2014- RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF 2014 SPECIAL ASSESSMENT ROLLS AND SETTING HEARING DATE WHEREAS, contracts have been let for the following listed improvements and the total project costs, including expenses incurred, or to be incurred and the City's share, exclusive of that assignable to City Property, are established as shown on the attached Exhibit A. NOW,THEREFORE,BE IT RESOLVED by the Eden Prairie City Council: 1. The costs of such improvements to be specially assessed are hereby declared to be those as set forth in Exhibit A. 2. The City Clerk with the assistance of the City Engineer shall forthwith calculate the proper amount to be assessed for each improvement against every assessable lot, piece or parcel of land within the district affected without regard to cash valuation, as provided by law, and shall file a copy of such proposed assessment in the office of the City Engineer for public inspection. 3. A hearing shall be held on the 21 st day of October, 2014 at the Eden Prairie City Center, 8080 Mitchell Road, at 7:00 p.m., to pass upon such proposed assessments and at such time and place all persons owning property affected by such improvements will be given an opportunity to be heard with reference to such assessments. 4. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessments to be published once in the official newspaper at least two weeks prior to the hearing. The Clerk shall also cause mailed notice to be given to the owner of the record of each parcel described in the assessment roll not less than two weeks prior to the hearing. ADOPTED by the Eden Prairie City Council on September 16, 2014. Nancy Tyra-Lukens, Mayor ATTEST: SEAL Kathleen Porta, City Clerk EXHIBIT A 2014 SPECIAL ASSESSMENTS September 16, 2014 Projects Total Cost City Funds Amt to be Assessed I.C. 11-5799 Shady Oak Road Improvement- CR61 (North Segment) $12,540,000.00 $0 $12,540,000.00 I.C. 11-5803 Bluestem Slope Stabilization $225,449.12 $0 $225,449.12 Supplementals Trunk Sewer&Water $118,805.65 $0 $118,805.65 Connection Fees $38,130.00 $0 $38,130.00 Snow Contracted Removal $612.50 $0 $612.50 Tall Grass/Weed Contracted Removal $1,000.00 $0 $1,000.00 Tree Contracted Removal $12,000.00 $0 $12,000.00 TOTAL $12,935,997.27 $.00 $12,935,997.27 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar September 16, 2014 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 14-5877 ITEM NO.: VIILE. Randy Newton Approve Professional Services Public Works /Engineering Agreement with SRF Consulting Group for Design Services for the West 70 Street Improvement Project Requested Action Move to: Approve Professional Services Agreement with SRF Consulting Group, Inc. for Design Services for the West 70th Street Improvement Project. Synopsis This Professional Services Agreement will provide design services for West 70th Street between Flying Cloud Drive and Shady Oak Road. Background Information The West 70th Street Improvement project includes two segments that have been individually identified in the Capital Improvement Plan and which will result in a continuous West 70th Street roadway connection between Flying Cloud Drive and Shady Oak Road. The west segment is the extension of West 70th Street from its current terminus westerly to Flying Cloud Drive. This segment was indentified in the Liberty Place Developer's Agreement and its costs are the responsibility of Liberty Property Trust. The east segment is an upgrade and potential reconstruction of the existing West 70th Street roadway to match the design of the new roadway extension. The primary funding source for this segment as identified in the Capital Improvement Plan is the Capital Maintenance and Reinvestment Fund. This funding will be allocated to roadway and pedestrian improvements. If additional funding can be identified for the east roadway segment then streetscaping may be added to this project segment. The two segments of West 70th Street are divided by the proposed Southwest LRT alignment and the Golden Triangle LRT Station. Design of the roadway will be coordinated with the Southwest LRT design. Based on recent feedback from Liberty Property Trust there is a desire to construct the western segment of the roadway in 2015 and the project is being advanced to meet this schedule. Although a final determination on schedule has not been made, it is currently anticipated that the construction of the east segment will be scheduled to coincide with Southwest LRT construction. Financial Implications The Professional Services Agreement with SRF has an estimated cost of$282,345. The costs will be split between the east and west segments as described above and paid from Special Assessments and Capital Maintenance and Reinvestment Fund. Attachments 0 Professional Services Agreement Standard Agreement for Professional Services This Agreement ("Agreement") is made on the 16 day of September-, 2014, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and SRF Consulting Group, Inc, a Minnesota Corporation (hereinafter "Consultant") whose business address is One Carlson Parkway, #150, Plymouth, MN 55447. 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 Design of the West 701h Street Improvement Project 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 ( September 11, 2014 Proposal Letter ) 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 September 17, 2014 through October 31, 2015 the date of signature by the parties notwithstanding. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated. 3. Compensation for Services. City agrees to pay the Consultant on an hourly basis plus expenses in a total amount not to exceed $ 282,345 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. Standard Agreement for Professional Services 2014.01 Page 1 of 8 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. Standard Agreement for Professional Services 2014.01 Page 2 of 8 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 Matt Hansen, Rebecca Krugerud & Zack Kartak 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. 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 Standard Agreement for Professional Services 2014.01 Page 3 of 8 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 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 Standard Agreement for Professional Services 2014.01 Page 4 of 8 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 Professional Liability Policy and 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, except the Professional Liability Policy, shall apply on a "per project' basis. h. All polices shall contain a waiver of subrogation in favor of the City. i. All policies, except the Professional Liability Policy and Worker's Compensation Policy, shall be primary and non-contributory. j. All polices, except the Professional Liability Policy and 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 coverages required herein. m. It shall be Consultant's responsibility to notify City of policy cancellations, non- renewal or restrictive modifications and coverages 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 LID91 r NC.INE EH5 P I,A14NE 11S d E S 1 4 N E N 5 Cnnsullink Croup,Inc. September 11,2014 Mr, Randy Newton,PE,PTDE Assistant City Engineer Crag 017 Ent N PRAIR1f. 8080 Mitchell Road Cden Prairie,MN 55344 SUBJECT: PROPOSAL Fott PROFESSIONAL S81nf[CLS PoR W2%,r 70,n-i STrtrt-T I"IN 1L DL5I(;N Dear. Mr. Newton: We are excited for the opportunity to assist the City of Eden Prairie with the visioning and design of West 70th Street in the Chy's Golden `Triangle Area. We unde.wand that the City is interested in starting the corridor design process very soon and is planning for 2015 construction. SCOPE OF WORK Our work will include all tasks necessary for the final design of the roadway and utility improvements. We propose to carry out the work as described in the attached detailed work plan. I PROJECT TEAM We have enlisted many of the same design professionals that successfully completed the Shady Oak Road final design. A brief description of the key staff is presented below. Matthew D. Hansen, PE, LS, Principal j Project Principal Matt has 24 years of experience in a variety of roadway and utility improvement projects, including municipal streets and utilities and County State Aid and Trunk .Fli.ghway design projects. Ile has been the project principal for loth phases of the Shady Oak Road project. Mr. Hansen frequently manages complex municipal improvcment projects and coordinates them through multiple agency reviews and approvals, He previously led the TH 212/Prairie Center Drive Final Design Project in Eden Prairie. Matt will serve as the Project Principal, ensuring QA/QC is completed throughout the project's duration. Rebecca Krugerud, PE, Senior Associate I Project Manager Becky has 14 years of engineering experience related to highway and municipal engineering. She served as the Project Manager for both phases of the Shady Oak Road project. She is skilled in design (profiles, alignments, estimates, and cross-sections) and engineering practices, including defining problems, establishing facts, collecting data and drawing valid conclusions. Becky specializes in State and Federal Aid projects involving complex construction issues and multiagency coordination. She recently served as assistant project =nager for the $17 million Washington County CSAH 2 (Broadway Avenue) preltEtxinary and final design project. With her extensive experience with municipal design projects, Ber-ky will lead the team and serve as Project Manager. www.srfconsulting.com One Carlwri Parkway Nntdh,:.lille'15f1 f Atlnneapnlls.N1N 55447-4441 1 76:1.475.In1lll Fix:763.473.2429 Ali Egr1r11 Opporlrrnily Erylnyer Mr. Randy Newton,PE,PTOE - 2 - September 11, 2014 City of Eden Prairie Zachary Kartak, PE,Associate Roadway and Utilities Zack has 11 years of experience designing municipal street and utility improvements. He was the lead design engineer for both phases of the Shady Oak Road project. His project work includes detailed design preparation and coordination for municipal, State and Federal Aid improvement projects, including preparing construction plans, coordination with private utility companies, and preparing cost estimates. He has construction observation experience in inspecting grading, base, curb and gutter, bituminous pavement, utility installation and traffic control. Zack will lead the roadway and utility design tasks. Robert Leba, PE, Senior Associate Water Resources Bob has 16 years of experience in highway,municipal, and site design with expertise in storm sewer and utility design. He frequently manages preliminary and final design projects for municipalities and has served as the lead roadway/drainage designer for numerous efforts for the Minnesota Department of Transportation. Bob also has extensive experience working with regulatory agencies to successfully obtain water quality, wetland, and erosion control related permits. Bob will lead the Water Resources and stormwater design tasks. Sean Jergens,ASLA, LEED AP,Associate I Landscape Architect Sean has 12 years of experience practicing landscape architecture. His work emphasizes the use of native plantings, low-impact development strategies, and integration with water resources engineering. Sean has experience with the entire design process from conceptual design to design development, construction document preparation, and project construction management. Sean will lead much of the conceptual design tasks as well as streetscape design. SCHEDULE We have developed a project schedule (see attached) that reflects the City's goal of constructing the West segment of West 70th Street in 2015. Our schedule assumes authorization will be given in mid-September. The project schedule is aggressive but will be attainable through close coordination with City staff and project stakeholders. BASIS OF PAYMENT/BUDGET We propose to be reimbursed for our services on an hourly basis for the actual time expended using our established rates for the City of Eden Prairie. Other direct project expenses such as printing, supplies, reproduction, etc. will be billed at cost, and mileage will be billed at the current allowable IRS rate for business miles. Invoices are submitted on a monthly basis for work performed during the previous month. The estimated cost for providing professional services for the West 70th Street project is $282,345 and we have attached a detailed work plan that includes a summary of the costs for each task. We have made every attempt to include a sufficient estimate of hours based on our experience with similar projects, while providing the City of Eden Prairie with a reasonable value. Our fee has been estimated based on our proposed detailed work plan that was reviewed with City staff and our current understanding of the project. Mr.Randy Newton,PE,PTOE - 3 - September 11,2014 City of Eden Prairie CHANGES IN THE SCOPE OF SERVICES It is understood that if the scope or extent of work changes, the cost will be adjusted accordingly. Before any out-of-scope work is iiiidated, however, we wvill submit a budget request for the new work and wiJl not begin work until wve receive authorimt:ion from you. ACCEPTANCE/NOTICE TO PROCEED A signed Professional Services Agreement wvith a copy of this proposal,mailed or emailed to out office, will seive as acceptance of this proposal and our notice to proceed, We sincerely appreciate your consideration of this proposal and look forwvard to working with you on this important project. Please feel free to contact us if yoti have any questions or need additional information. sincerely, SRF CON5UIXINC: Gpoup,ING Mattliewv D. I Iansen,PE(MN ID),L5 (MN IA) James R. Dvorak,PE (MST MI) Principal Vice President MDI I/JRD/bls Attacbments: Ptoje,ct Schedule Detailed Work Plan Rate Schedule This cost proposal is valid for a period of 90 days. SRF reserves the tight to adjust its cost estimate after 90 days from the date of this proposal. SkF P14692 T:�hlnr�rlit�q�l�no�nm�r�2�]1�Praporufi\P 1992 Eden Pmitk Mew lf3rrlTfJll�StFiur�g7rsi�r_OFl�1�,ifvrt I I Schedule- West 7011 Strut -. • Mar -Apr may Jun Jul MR Notice to Proceed(Sept 16) 7}C Topographic surveysfgather as-buiIts Wetland Delineation �- Soil borings Weekly design tear meetings Concept alternative development Stakeholder meeting no.1 -provide project background Stakeholder meeting no.2C -review roadway and typical section alternatives Stakeholder meeting no.3C -refi-�e concepts;work toward preferred alternative Public Open HouseC Stakeholder meeting no.4 �?k -Confirm concept Preliminary layout 30%design -identify construction limits Submit Wed a nd -identify easement needs Permit Wetland permit City and LRT Review Approval Wetland Permitting Stakeholder meeting no.5 Prepare Wetland 60%d es ig n 'West a n d Ea st seg rn ents) Report City and LRT review Stakeholder meeting no.6 95%design West segment City and LRT review 9S%design East segment City and LRT review 100%Plans West segment 100%Plans Eastsegment Advertise West segment Open Bids West segment Construction West segment(July-Nov) CLIENT: CITY OF EDEN PRAIRIE CONSULTANT: SRF CONSULTING GROUP,INC. SUBCONSULTANT: PROJECT: WEST 70TH STREET *****ESTIMATED PERSON-HOURS***** ESTIMATED TASK NO. WORK TASK DESCRIPTION PRINCIPAL SR.ASSOC. ASSOCIATE SR.PROF PROF. TECHNICAL CLERICAL TOTALS FEE 1.0 PROJECT MANAGEMENT Assumptions: This task focuses on effective coordination of the project work to expedite the decision-making process and maintain the scheduled completion dates. It assumes Consultant involvement for 12 months from initial design work(Sept 2014)to Project bidding and award to contractor(Sept 2015). 1.1 General day-to-day project management and administration 24 48 0 0 0 0 0 72 including work-planning,staff scheduling and coordination of tasks(12 months). 1.2 Establish ongoing project coordination With Eden Prairie keeping 0 24 0 0 0 0 0 24 City staff fully informed of the project status for the entire length of the project. Coordinate project activities With the following as necessary(12 months): City of Eden Prairie SWLRT Private and Public Utilities Other Agencies as Required 1.3 Prepare project schedule and update monthly. 0 34 0 0 0 0 0 34 SUBTOTAL-TASK 1 24 106 0 0 0 0 0 130 $17,860 2.0 QUALITY CONTROL/QUALITY ASSURANCE Assumptions: Conduct internal QA/QC peer reviews during the project. Consultant will not submit documents for review prior to completion of internal QC review. 2.1 Perform internal Quality Control following SRF's Basic QMP for 0 40 20 0 0 0 0 60 project deliverables,including peer review of all design components including but not limited to computations,drawings, plans,reports,specifications,and cost estimates. SUBTOTAL-TASK 2 0 40 20 0 0 0 0 60 $7,300 S:\Marketing\Proposals\2014 Proposals\P14692 Eden Prairie West 70th Street\scope\West 70th Street FINAL SCOPE 2014-09.11.xlsx SRF CONSULTING GROUP,INC. PAGE 1 OF 21 CLIENT: CITY OF EDEN PRAIRIE CONSULTANT: SRF CONSULTING GROUP,INC. SUBCONSULTANT: PROJECT: WEST 70TH STREET *****ESTIMATED PERSON-HOURS***** ESTIMATED TASK NO. WORK TASK DESCRIPTION PRINCIPAL SR.ASSOC. ASSOCIATE SR.PROF PROF. TECHNICAL CLERICAL TOTALS FEE 3.0 COORDINATION MEETINGS Prepare for and attend all meetings as necessary including the following: 3.1 Stakeholder informational meetings. Stakeholders include SRF, 18 18 36 0 0 0 0 72 City engineering,City planning,LRT,Nine Mile Creek,adjacent businesses owners/property owners(assume 6 meetings,4 SRF staff per meeting,3 hour per mtg). 3.2 Weekly design review meetings(assume 4 SRF staff per meeting, 56 56 112 0 0 0 0 224 2 hour per mtg for 7 months). Week 1—SRF and City Engineering staff at SRF Week 2—Phone conference(attendees call in as needed) Week 3—SRF and City engineering plus City planning staff plus SWLRT staff at EP city hall Week 4—Phone conference(attendees call in as needed) 3.3 Other meetings as requested by Eden Prairie,includes one on 0 20 20 0 0 0 0 40 one property owner meetings(assume 10 meetings,2 SRF staff per meeting,2 hours per meeting). SUBTOTAL-TASK 3 74 94 168 0 0 0 0 336 $42,440 4.0 SURVEYING AND MAPPING 4.1 Design Surveys:Perform topographic field surveys along the 0 4 0 0 0 32 0 36 project corridor to supplement the LIDAR data. 4.2 Prepare Right of Way basemap showing existing and proposed 0 2 0 0 0 8 0 10 right of way and temporary easements. Includes developing a right of way CAD file from plats provided by City. 4.3 Utility mapping:Conduct utility field surveys to determine the type 0 0 0 0 0 12 0 12 and location of existing utilities within the project area for design purposes. Add existing utilities to basemapping. S:\Market1ng\ProposaIM2014 Proposals\P14692 Eden Prairie West 70th Street\scope\West 70th Street FINAL SCOPE 2014.09.11.xlsx SRF CONSULTING GROUP,INC. PAGE 2 OF 21 CLIENT: CITY OF EDEN PRAIRIE CONSULTANT: SRF CONSULTING GROUP,INC. SUBCONSULTANT: PROJECT: WEST 70TH STREET *****ESTIMATED PERSON-HOURS***** ESTIMATED TASK NO. WORK TASK DESCRIPTION PRINCIPAL SR.ASSOC. ASSOCIATE SR.PROF PROF. TECHNICAL CLERICAL TOTALS FEE 4.4 Proposed easement staking:Perform field surveying to stake 0 0 0 0 0 12 0 12 existing and proposed right of way or easements to assist in appraisals and right of way negoitations. 4.5 Develop a digital terrain model(DTM). 0 1 0 0 0 4 0 5 SUBTOTAL-TASK 4 0 7 0 0 0 68 0 75 $7,030 5.0 CONCEPTUAL LAYOUT AND TYPICAL SECTION ALTERNATIVES Assumptions Concept layout will be developed based on existing RW. Sketches of potential typical sections will be developed and presented to stakeholders for review and comment. 5.1 Work with City staff to prepare a concept level layout to show the 0 4 40 8 0 0 0 52 proposed roadway improvements in the project area,using realistic colors and textures. Layout will be used to help get feedback from stakeholders. 5.2 Work with City staff to prepare up to 4 typical section alternatives, 0 4 48 8 0 0 0 60 including dimensions,proposed landscaping,and streetscape elements,using photo-realistic colors and textures. Cross-section graphics Will be used to help get feedback from stakeholders. SUBTOTAL-TASK 5 0 8 88 16 0 0 0 112 $11,640 6.0 PUBLIC INVOLVEMENT Assumptions Assumes one(1)public information meeting. Meetings to be advertised through mailers,press releases,and postings to City websites. No newsletters are included. -City will prepare mailing list and distribute all mailers. Consultant responsibilities Preparation of mailers. Press release for each meeting. SAMarketing\Proposals\2014 Proposals\P14692 Eden Prairie West 70th Street\scope\West 70th Street FINAL SCOPE 2014-09-11.xisx SRF CONSULTING GROUP,INC. PAGE 3 OF 21 CLIENT: CITY OF EDEN PRAIRIE CONSULTANT: SRF CONSULTING GROUP,INC. SUBCONSULTANT: PROJECT: WEST 70TH STREET *****ESTIMATED PERSON-HOURS***** ESTIMATED TASK NO. WORK TASK DESCRIPTION PRINCIPAL SR.ASSOC. ASSOCIATE SR.PROF PROF. TECHNICAL CLERICAL TOTALS FEE Displays,handouts,sign-in sheets,and comment cards for each public information meeting. Meeting summaries. 6.1 Prepare mailers advertising meetings. Includes draft mailer for 0 2 0 0 0 2 0 4 City review and final for mailing. City will distribute mailers. 6.2 Coordinate with the City of Eden Prairie for posting press releases 0 0 2 0 0 0 0 2 and related information to their websites. 6.3 Prepare displays,handouts,sign-in sheets,and comment cards 0 2 4 0 8 8 0 22 for each public information meeting. Includes drafts for City review and final. 6.4 Attend public information meetings. Assumes open house 4 4 4 0 0 0 0 12 meetings;no formal presentation. Includes travel,set up and meeting time. (3 SRF staff x 4 hours/meeting) 6.5 Prepare summary of each meeting including attendance, 0 0 0 0 2 0 0 2 materials,and comments. Includes draft and final. 6.6 Prepare abbrieviated version of summary and provide with 0 0 0 0 2 0 0 2 meeting materials to City of Eden Prairie for posting on City websites. SUBTOTAL-TASK 6 4 8 10 0 12 10 0 44 $4,630 7.0 TRAFFIC OPERATIONS ANALYSIS 7.1 Review available traffic modeling data for accuracy and 8 0 0 24 0 0 0 32 completeness. Assist with concept layout development including turn assignments and turn lane lengths and intersection control. SUBTOTAL-TASK 7 8 0 0 24 0 0 0 32 $3,400 SAMarketing\Proposals\2014 Proposals\P14692 Eden Prairie West 70th Street\scope\West 70th Street FINAL SCOPE 2014-09-1 t.xlsx SRF CONSULTING GROUP,INC. PAGE 4 OF 21 CLIENT: CITY OF EDEN PRAIRIE CONSULTANT: SRF CONSULTING GROUP,INC. SUBCONSULTANT: PROJECT: WEST 70TH STREET *****ESTIMATED PERSON-HOURS***** ESTIMATED TASK NO. WORK TASK DESCRIPTION PRINCIPAL SR.ASSOC. ASSOCIATE SR.PROF PROF. TECHNICAL CLERICAL TOTALS FEE 8.0 PRELIMINARY LAYOUT(30%DESIGN) 8.1 Engineering support of concept development(Task 5),assumes 0 6 32 0 40 0 0 78 that 4 typical sections Will be analyzed to determine impacts associated With each concept. 8.2 Prepare preliminary geometric layout,profile and cross sections 0 4 32 0 120 52 0 208 based on the approved concept layout. The layout limits Will be Flying Cloud Drive to Shady Oak Road.Preliminary layout and profile Will be prepared using current Mn/DOT State Aid standards. 8.3 Submit layout,profile and cross sections to Eden Prairie for 0 0 2 0 0 4 0 6 review and comment. Make revisions as necessary and submit back for approval. SUBTOTAL-TASK 8 0 10 66 0 160 56 0 292 $26,070 9.0 WETLAND DELINEATION AND MAPPING Assumptions Assumes City of Eden Prairie Will secure all property access permission prior to field work. Assumes wetland delineatin will be limited to 1 00'on each side of West 70th Street and the exisiting right-of-way between Flying Cloud Drive and Shady Oak Road. Assumes one site visit to complete wetland delineation. Assumes previous wetland delineation efforts conducted under the SWLRT project are still valid. Lines supplied by the City will be verified,but not field delineated. City of Eden Prairie Will provide review and approval of the draft and final wetland delineation report prior to submittal to the Technical Evaluation Panel(TEP). -Assumes SRF will distribute the delineation report to the WCA LGU and the U.S.Army Corps of Engineers. Assumes the TEP Will consist of a representative from the Board of Water and Soil Resources(BWSR),Wetland Conservation Act Local Government Unit(WCA LGU),and the Department of Natural Resources(DNR). Additionally,a representative from the Army Corps will be invited to the TEP. SAMarketing\Proposals\2014 Proposals\P14592 Eden Prairie West 70th Street\s cop e\West 70th Street FINAL SCOPE 2014-09.11.xlsx SRF CONSULTING GROUP,INC. PAGE 5 OF 21 CLIENT: CITY OF EDEN PRAIRIE CONSULTANT: SRF CONSULTING GROUP,INC. SUBCONSULTANT: PROJECT: WEST 70TH STREET *****ESTIMATED PERSON-HOURS***** ESTIMATED TASK NO. WORK TASK DESCRIPTION PRINCIPAL SR.ASSOC. ASSOCIATE SR.PROF PROF. TECHNICAL CLERICAL TOTALS FEE Assumes wetland delineation will be completed prior to the end of the 2014 field season. Assumes the City of Eden Prairie will sign all permit applications and pay permit application fees. Assumes one revision to WCA/Section 404 joint permit application in response to agency comments(if necessary). Un-avoidable wetland impacts will be mitigated through the purchase of wetland credits.Actual purchase of wetland credits will be the responsibility of the City of Eden Prairie. Consultant responsibilities Draft wetland delineation report for City of Eden Prairie review. Five(5)copies of the final wetland delineation report. WCA and USACE wetland boundary/type application WCA/Section 404 joint permit application 9.1 Desktop Review 0 0 0 4 0 0 0 4 Gather data from the National Wetland Inventory(NWI), Natural Resources Conservation Service(NRCS)soil database,contour data, recent aerial photography,historical photography,and past delineations for the project area. 9.2 Wetland Type Identification and Delineation(Field Work) 0 0 0 14 0 0 0 14 Delineate wetlands within the project area per the 1987 US Army Corps of Engineers Wetland Delineation Manual;appropriate Supplements,regulatory guidance,and Wetland Conservation Act (WCA)standards. Record the locations of each wetland boundary flag and sampling pit flag With a sub-foot accurate Trimble GeoXH GPS unit. Upload and post-process GPS data.Convert and export shapefiles to Microstation or CAD files as necessary. 9.3 Complete Wetland Delineation Report 0 0 0 24 0 0 0 24 -Complete a wetland delineation report per US Army Corps of Engineers standards and WCA standards.Delineation report to include the following sections: O Cover/Title Page O Background/Introduction O Methods of Determination O Wetland Results/Findings O Conclusions/Recommendations o Additional Information(References Cited) S1Market1ng\Proposals\2014 Proposals\P14692 Eden Prairie West 70th Street\scope\West 70th Street FINAL SCOPE 2014-09-1 t.xlsx SRF CONSULTING GROUP,INC. PAGE 6 OF 21 CLIENT: CITY OF EDEN PRAIRIE CONSULTANT: SRF CONSULTING GROUP,INC. SUBCONSULTANT: PROJECT: WEST 70TH STREET *****ESTIMATED PERSON-HOURS***** ESTIMATED TASK NO. WORK TASK DESCRIPTION PRINCIPAL SR.ASSOC. ASSOCIATE SR.PROF PROF. TECHNICAL CLERICAL TOTALS FEE O Wetland Determination Data Forms O Maps Depicting Surveyed Wetland Boundaries O Historical Wetland Review Prepare draft wetland delineation report for City of Eden Prairie review. - Revise wetland delineation report as per City of Eden Prairie comments.Prepare final wetland delineation report. 9.4 Convene Technical Evaluation Panel Meeting 0 0 0 8 0 0 0 8 Coordination with Nine Mile Creek Watershed District(WCA LGU) Complete WCA and USACE Boundary/Type application and distribute bound copies of the delineation report to the WCA LGU prior to the meeting.Assumes WCA LGU Will submit wetland delineation report to TEP members. Attend TEP meeting in support of boundary/type application approval.Assumes attendance at one(1)TEP meeting. 9.5 Wetland Permitting 0 0 0 40 0 0 0 40 Prepare wetland sections of Nine Mile Creek Watershed District permit application. Complete WCA/Section 404 Joint Wetland Permit Application (includes figures depicting wetland impacts within project area) SUBTOTAL-TASK 9 0 0 0 90 0 0 0 90 $7,650 10.0 EASEMENT DESCRIPTIONS AND SKETCHES Assumptions Assumes the project is split into two segments-a West Segment and and East Segment. The West Segment is assumed to impact 2 parcels and need a permanent ponding easement from 1 parcel and temporary construction easement from both parcels. The East Segment is assumed to impact 6 parcels and need permanent raodway and utility easements AND temporry construction easements from all 6 parcels. SAMarket1ng\Proposals\2014 Proposals\P14692 Eden Prairie West 70th Street\scope\West 70th Street FINAL SCOPE 2014-09-11.xlsx SRF CONSULTING GROUP,INC. PAGE 7 OF 21 CLIENT: CITY OF EDEN PRAIRIE CONSULTANT: SRF CONSULTING GROUP,INC. SUBCONSULTANT: PROJECT: WEST 70TH STREET *****ESTIMATED PERSON-HOURS***** ESTIMATED TASK NO. WORK TASK DESCRIPTION PRINCIPAL SR.ASSOC. ASSOCIATE SR.PROF PROF. TECHNICAL CLERICAL TOTALS FEE 10.1 Prepare sketch drawing for each affected property along the 0 2 0 0 0 12 0 14 project corridor(assume 6 parcels)showing the easements or right of way that will be needed. Each drawing will show existing right of way,proposed right of way,proposed permanent and temporary easements as well as all topographic features. 10.2 Prepare legal description for each proposed permanent and 2 10 0 0 0 0 0 12 temporary easement. SUBTOTAL-TASK 10 2 12 0 0 0 12 0 26 $2,980 11.0 PRIVATE UTILITY COORDINATION 11.1 Conduct Gopher State One Call(GSOC)to identify all utility 0 0 0 0 16 4 0 20 owners within the project area. Collect and complie record drawings provided by utility owners. Identify utilility owner representatives and prepare private utility coordination log to track all utilities within the project area. 11.2 Conduct surveys to locate field marking placed by utility owners 0 0 0 0 0 0 0 0 (hours for this shown in Task 4.3). 11.3 Distribute draft design plans to utility representatives for review 0 0 2 0 4 0 2 8 and comment. 11.4 Identify any significant utilities and coordinate with utility owner to 0 0 2 0 0 0 0 2 collect SUE Quality Level A data. This task assumes that the utility owner has the equipment necessary to expose the actual utility line and allow SRF surveyors to obtain X,Y,Z location. 11.5 Conduct two Utility Coordination meetings to review utility 0 4 8 0 0 0 0 12 locations,communicate project schedule and staging,and respond to utility owner questions and concerns. 11.6 Coordinate and assist utility companies with relocation locations. 0 0 4 0 8 0 0 12 SUBTOTAL-TASK 11 0 4 16 0 28 4 2 54 $4,940 SAMarketing\Proposals\2014 Proposals\P14692 Eden Prairie West 70th Street\scope\West 70th Street FINAL SCOPE 2014-09-11.xisx SRF CONSULTING GROUP,INC. PAGE B OF 21 CLIENT: CITY OF EDEN PRAIRIE CONSULTANT: SRF CONSULTING GROUP,INC. SUBCONSULTANT: PROJECT: WEST 70TH STREET *****ESTIMATED PERSON-HOURS***** ESTIMATED TASK NO. WORK TASK DESCRIPTION PRINCIPAL SR:ASSOC. ASSOCIATE SR.PROF PROF. TECHNICAL CLERICAL TOTALS FEE 12.0 GEOTECHNICAL REVIEW AND COORDINATION Assumptions City will contract directly with Braun Intertec for geotechnical engineering services. 12.1 Coordinate with geotechnical engineer. Identify project limits and 0 4 16 0 0 0 0 20 assist with soil boring layout. Review geotechnical reports and provide review comments. Confirm R value recommendations and sub surface soil corrections. SUBTOTAL-TASK 12 0 4 16 0 0 0 0 20 $2,200 13.0 PRELIMINARY WATER RESOURCES DESIGN Assumptions Stormwater management,including water quality treatment,rate control,and volume retention for the W.70th Street. The project will need to meet State Aid criteria for maximum allowable spread of runoff. Two BMP/Pond will be required to meet the regulatory requirements. Assumes SRF Basic QC procedures 13.1 Collect and review all available drainage data for the corridor, 0 2 12 0 0 0 0 14 including but not limited to: Municipal,MnDOT,County and Watershed District comprehensive storm water planning documents - In-place and proposed utilities Other planned or programmed projects in the area As-built record drawings of highways and other affected infrastructure. 13.2 Determine drainage areas,times of concentration,and runoff 0 2 16 0 16 0 0 34 curve numbers and Manning's coefficients. Perform all BMP design necessary to fulfill the requirements of regulatory agencies. Includes preliminary hydraulic/hydrologic modeling using Hydro CAD. S:\Marketing\Proposals\2014 Proposals\P14692 Eden Prairie West 70th Street�scope\West 70th Street FINAL SCOPE 2014-09.11.xlsx SRF CONSULTING GROUP,INC. PAGE 9 OF 21 CLIENT: CITY OF EDEN PRAIRIE CONSULTANT: SRF CONSULTING GROUP,INC. SUBCONSULTANT: PROJECT: WEST 70TH STREET *****ESTIMATED PERSON-HOURS***** ESTIMATED TASK NO. WORK TASK DESCRIPTION PRINCIPAL SR.ASSOC. ASSOCIATE SR.PROF PROF. TECHNICAL CLERICAL TOTALS FEE 13.3 Prepare a Drainage Overview Map using the proposed roadway 0 2 8 0 12 0 0 22 layout,profiles and staging plans. The layout will include proposed storm trunk alignment,BMP locations,and proposed flow patterns/drainage boundaries. 13.4 Identify easements and right of way needed for drainage. 0 0 2 0 0 0 0 2 13.5 Prepare preliminary cost estimate for water resource elements. 0 0 0 0 2 0 0 2 SUBTOTAL-TASK13 0 6 38 0 30 0 0 74 $7,170 14.0 RIGHT OF WAY ACQUISITION Assumptions SRF right of way acquisition staff will coordinate With design team to acquire permenant and temporary easements from 6 parcels Within the project area. 14.1 Project administration including management of RW field 16 0 0 0 0 0 0 16 agents,title and appraisal personel;coordination with roadway design team;preparation of and updates to Parcel Status Worksheet; preparation of initial property owner contact letters; preparation of Just Compensation Memos(assumes 6 parcels). City Will provide:Titles,Appraisals,Review Appraisals,and recording of documents.As well as mortgage subordination and/ or consent fees. 14.2 Field Title Investigation. 0 0 2 0 10 0 0 12 14.3 Property Owner Negoitations: Prepare offer packages. 8 0 14 12 100 0 0 134 Present offers(review,mail). Good faith negoitations Administrative settlements Mortgage involvement(assumes 6 mortgage companies for parcels With permanent easements).This does not inccude any bank fees. Last written offers SUBTOTAL-TASK 14 24 0 16 12 110 0 0 162 $15,580 SAMarketing\Proposals\2014 Proposals\P14692 Eden Prairie West 70th Street\scope\West 70th Street FINAL SCOPE 2014-09-11.xlsx SRF CONSULTING GROUP,INC. PAGE 10 OF 21 CLIENT: CITY OF EDEN PRAIRIE CONSULTANT: SRF CONSULTING GROUP,INC. SUBCONSULTANT: PROJECT: WEST 70TH STREET *****ESTIMATED PERSON-HOURS***** ESTIMATED TASK NO. WORK TASK DESCRIPTION PRINCIPAL SR.ASSOC. ASSOCIATE SR.PROF PROF. TECHNICAL CLERICAL TOTALS FEE 15.0 CONSTRUCTION COST ESTIMATES 15.1 Develop planning level cost estimate based on Concept Layout. 0 2 4 0 16 0 0 22 Work with City staff to identify project cost subtotals based on City defined segments. 15.2 Prepare an updated planning level construction cost estimate 0 2 4 0 16 0 0 22 associated With the Preliminary Design(60%plan set). 15.3 Prepare an updated construction cost estimate associated with 0 2 4 0 24 0 0 30 the Final Design(95%plan set).Estimate will be based on MnDOT pay items. 15.4 Prepare final engineers estimate of construction costs associated 0 1 2 0 8 0 0 11 with the Final PSE(100%plan set). SUBTOTAL-TASK 15 0 7 14 0 64 0 0 85 $7,500 16.0 STREET LIGHTING DESIGN Assumptions SRF to provide lighting analysis and design per City of Eden Prairie standards for street lighting and sidewalk/trail lighting City Will provide as-builts of existing street lighting Assumes SRF Basic QC procedures 16.1 Meet with City staff and Xcel to coordinate street and 0 0 0 0 4 0 0 4 sidewalk/trail lighting options for the West 70th Street corridor. Coordinate fixture suggestions and recommendations with streetscape design. 16.2 Provide street lighting 60%design for West 70th Street between 0 12 0 0 16 24 0 52 Flying Cloiud Drive and Shady Oak Road. project management -gather as-built and utility information -lighting analysis and report for street and sidewalk/trail -create 60%plan drawings outlining proposed light unit locations,feedpoint locations and basic wire routing S:\Marketing\Proposals\2014 Pro posals\P14692 Eden Prairie West 70th Street\s cop e\West 70th Street FINAL SCOPE 201409.11.xlsx SRF CONSULTING GROUP,INC. PAGE 11 OF 21 CLIENT: CITY OF EDEN PRAIRIE CONSULTANT: SRF CONSULTING GROUP,INC. SUBCONSULTANT: PROJECT: WEST 70TH STREET *****ESTIMATED PERSON-HOURS***** ESTIMATED TASK NO. WORK TASK DESCRIPTION PRINCIPAL SR.ASSOC. ASSOCIATE SR.PROF PROF. TECHNICAL CLERICAL TOTALS FEE 16.3 Provide street lighting 95%design for West 70th Street between 0 16 0 0 16 32 0 64 Flying Cloiud Drive and Shady Oak Road. Provide preliminary plans,specifications and engineers estimate. -project management -respond to comments on 60%drawings -create 95%drawings including cover sheet tab/legend(1),site plan sheets(4),installation detail sheets(2),wiring detail sheet (1)and as-built detail FYI sheets(3) -develop quantities and estimate -develop specifications 16.4 Provide street lighting final design for West 70th Street between 0 6 0 0 6 12 0 24 Flying Cloiud Drive and Shady Oak Road. Finalize plans, specifications and engineers estimate. -project management -respond to comments on 95%drawings -final PS&E documents SUBTOTAL-TASK 16 0 34 0 0 42 68 0 144 $13,900 17.0 TRAFFIC CONTROL PLANS 17.1 Prepare project area traffic control plans for the West Segment 0 0 4 0 12 4 0 20 and the East Segment Present plans to Eden Prairie for review and comment.Incorporate into 60%plans. 17.2 Revise traffic control plans based on City comments. Prepare 0 0 4 0 8 0 0 12 tabulation showing description and estimated quantity of all traffic control devices for each stage of construction. Incorporate all sheets into final roadway design plan. SUBTOTAL-TASK 17 0 0 8 0 20 4 0 32 $2,800 18.0 PRELIMINARY ROADWAY DESIGN(60%PLAN SET) Assumptions Preliminary roadway design will be based on improvements shown in the Approved Layout. Two(2)plan sets will be developed;a plan set for the West Segment and a plan set for the East Segment. SAMarketing\Proposals\2014 Proposals\P14692 Eden Prairie West 70th Street\scope\West 70th Street FINAL SCOPE 2014-09-11.xlsx SRF CONSULTING GROUP,INC. PAGE 12 OF 21 CLIENT: CITY OF EDEN PRAIRIE CONSULTANT: SRF CONSULTING GROUP,INC. SUBCONSULTANT: PROJECT: WEST 70TH STREET *****ESTIMATED PERSON-HOURS***** ESTIMATED TASK NO. WORK TASK DESCRIPTION PRINCIPAL SR.ASSOC. ASSOCIATE SR.PROF PROF. TECHNICAL CLERICAL TOTALS FEE 18.1 Develop Pavement Design and Typical Sections based on the 0 0 1 0 4 0 0 5 following: Current and Projected AADT R Value recommendation from Geotechnical Report Cumulative Design ESALs Approved Alignment and Geometrics -Subsurface soil correction recommendations 18.2 Design roadway superelevation and develop Cross Sections from 0 0 8 0 32 0 0 40 alignment,profile,geometry and superelevation. Cross sections to show existing and proposed right of way and easements, existing private utilities,proposed roadway improvements and subsurface soil correction. 18.3 Prepare necessary construction details and intersection details. 0 0 0 0 2 4 0 6 18.4 Design necessary extentions,relocations,or adjustments of City 0 0 4 0 12 6 0 22 sanitary sewer and watermain from Flying Cloud Drive to Shady Oak Road. 18.5 Develop a 60%construction plan set for the West segment 0 4 12 0 32 16 0 64 including the following items: Title Sheet General Layout Typical Sections Intersection Details-format only Construction Details Existing Topography and Removals Inplace Utilities Construction Staging Traffic Control Detour Plan Alignment Plan and Tabulations Construction Plan and Profiles Drainage and storm sewer plans Superelevation Plans Lighting Cross Sections 18.6 Develop a 60%construction plan set for the East segment 0 4 12 0 32 16 0 64 including the following items: SAMarketing\Propcsalst2014 Proposals\P14692 Eden Prairie West 70th Street\scope\West 70th Street FINAL SCOPE 2014-09-11.xlsx SRF CONSULTING GROUP,INC. PAGE 13 OF 21 CLIENT: CITY OF EDEN PRAIRIE CONSULTANT: SRF CONSULTING GROUP,INC. SUBCONSULTANT: PROJECT: WEST 70TH STREET *****ESTIMATED PERSON-HOURS***** ESTIMATED TASK NO. WORK TASK DESCRIPTION PRINCIPAL SR.ASSOC. ASSOCIATE SR.PROF PROF. TECHNICAL CLERICAL TOTALS FEE Title Sheet General Layout Typical Sections Intersection Details-format only Construction Details Existing Topography and Removals Inplace Utilities Construction Staging Traffic Control Detour Plan Alignment Plan and Tabulations Construction Plan and Profiles Drainage and storm sewer plans Superelevation Plans Lighting Cross Sections 18.7 Submit 60%plan sets(East and West)to City for review and 0 0 4 0 0 4 2 10 comment. SUBTOTAL-TASK 18 0 8 41 0 114 46 2 211 $18,745 19.0 FINAL ROADWAY DESIGN(95%PLANS AND SPECIFICATIONS) 19.1 Perform earthwork computations and balances,create earthwork 0 0 4 0 12 0 0 16 tabulations and summary and prepare construction and soils notes. This includes balances and quantity calculation for any material(common or granular). 19.2 Design and Prepare a permanent turf establishment plan,a 0 0 2 0 4 0 0 6 temporary and permanent erosion and sediment control plan and assemble standard details for turf establishment and temporary and permanent erosion and sediment control measures as required to satisfy MPCA NPDES Phase II General Storm Water Permit. Design will be accomplished by Certified Erosion and Sediment Control Designers. 19.3 Prepare signing and striping and permanent traffic control design. 0 0 2 0 8 0 0 10 SAMarketing\Proposals\2014 Proposals\P14692 Eden Prairie West 70th Street\scope\West 70th Street FINAL SCOPE 2014-09-11.xlsx SRF CONSULTING GROUP,INC. PAGE 14 OF 21 CLIENT: CITY OF EDEN PRAIRIE CONSULTANT: SRF CONSULTING GROUP,INC. SUBCONSULTANT: PROJECT: WEST 70TH STREET *****ESTIMATED PERSON-HOURS***** ESTIMATED TASK NO. WORK TASK DESCRIPTION PRINCIPAL SR.ASSOC. ASSOCIATE SR.PROF PROF. TECHNICAL CLERICAL TOTALS FEE 19.4 Revise and refine construction plan sheets included in 60%plan 0 4 8 0 16 12 0 40 West segment submittal and develop a 95%construction plan including the following additional items: Statement of Estimated Quantities Earthwork Tabulations Earthwork Summary Tabulations Soils and Construction Notes Drainage Plans,Profiles and Tabulations Pond Grading Plans Permanent Turf Establishment Plan Temporary&Permanent Erosion and Sediment Control Plans and Details Signing and striping plans Street Lighting plans 19.5 Revise and refine construction plan sheets included in 60%plan 0 4 8 0 16 6 0 34 East segment submittal and develop a 95%construction plan including the following additional items: Statement of Estimated Quantities Earthwork Tabulations Earthwork Summary Tabulations Soils and Construction Notes Drainage Plans, Profiles and Tabulations Pond Grading Plans Permanent Turf Establishment Plan Temporary&Permanent Erosion and Sediment Control Plans and Details Signing and striping plans Street Lighting plans 19.6 Prepare special provisions and contract documents in a form 0 40 0 0 0 0 4 44 approved by the City. 19.7 Submit 95%Plans,Construction Cost Estimate and Special 0 0 6 0 0 6 4 16 Provisions to City for review and comment. The 95%plans will not be submitted at the same time,the East plans will lag behind the West. 19.8 Review City plan review comments and incorporate necessary 0 4 0 0 0 0 2 6 revisions into the construction plans and Special Provisions. S:\Marketing\Proposals\2014 Proposals\P14692 Eden Prairie West 70th Street\scope\West 70th Street FINAL SCOPE 2014-09-11.xlsx SRF CONSULTING GROUP,INC. PAGE 15 OF 21 CLIENT: CITY OF EDEN PRAIRIE CONSULTANT: SRF CONSULTING GROUP,INC. SUBCONSULTANT: PROJECT: WEST 70TH STREET *****ESTIMATED PERSON-HOURS***** ESTIMATED TASK NO. WORK TASK DESCRIPTION PRINCIPAL SR.ASSOC. ASSOCIATE SR.PROF PROF. TECHNICAL CLERICAL TOTALS FEE SUBTOTAL-TASK 19 0 52 30 0 56 24 10 172 $17,250 20.0 DRAINAGEfWATER RESOURCES DESIGN 20.1 60%Drainage/Water Resource Design Compute allowable spread and place Catch basins to meet State 0 0 8 0 24 0 0 32 Aid spread criteria. Verify the adequacy of right of way and easements of the 0 0 0 0 2 0 0 2 proposed ponding sites. Refine and complete trunk storm sewer layout,and determine 0 0 4 0 16 0 0 20 pipe grades and size requirements. Review cross sections and coordinate special ditch grades if 0 0 0 0 4 0 0 4 necessary Finalize BMP design where applicable. 0 0 10 0 4 0 0 14 Develop grading plans for proposed ponds and other BMPs. 0 0 10 0 0 4 0 14 Complete the HydroCAD model for pond/BMP routing and design 0 0 10 0 0 0 0 10 the appropriate outlet control skimming structures to meet the Nine Mile Creek Watershed criteria. Create Phase 1 60%drainage plans including: 0 6 8 0 16 10 0 40 -Storm sewer layout -Storm sewer trunkline profile -Pond grading plans -Tabulation showing format only(not populated) Create Phase 2 60%drainage plans(includes same as Phase 1 0 4 8 0 16 10 0 38 plans) 20.2 95%Drainage/Water Resource Design Create Phase 1 95%drainage plans including: 0 2 10 0 20 5 0 37 -Complete all drainage profiles -Develop comprehensive drainage tabulations separate from profiles -Update Drainage Construction Plans Sheets -Create Drainage Detail Sheets -Complete Pond/BMP Grading Plans Create Phase 2 95%drainage plans(includes same as Phase 1 0 2 10 0 20 5 0 37 plans) SUBTOTAL-TASK 21 0 14 78 0 122 34 0 248 $22,830 S:\Marketing\Proposals\2014 Proposals\P14692 Eden Prairie West 70th Street\scope\West 70th Street FINAL SCOPE 2014-09-11.xisx SRF CONSULTING GROUP,INC. PAGE 16 OF 21 CLIENT: CITY OF EDEN PRAIRIE CONSULTANT: SRF CONSULTING GROUP,INC. SUBCONSULTANT: PROJECT: WEST 70TH STREET *****ESTIMATED PERSON-HOURS***** ESTIMATED TASK NO. WORK TASK DESCRIPTION PRINCIPAL SR.ASSOC. ASSOCIATE SR.PROF PROF. TECHNICAL CLERICAL TOTALS FEE 21.0 LANDSCAPE AND STREETSCAPE DESIGN Assumptions: If irrigation in median or landscaped areas is required,the irrigation design will be completed by a sub-consultant. 21.1 Review existing site conditions and identify site features which 0 0 8 0 0 0 0 8 may influence streetscape such as vegetation adjacent to ROW, private property characteristics,general land use,and sensitive environmental areas. 21.2 60%Landscape and streetscape design. 0 4 60 16 0 0 0 80 Note:Plans and specifications would be completed to a 60% level,including the following: ADA accessible sidewalks and trails Landscape plantings Site and streetscape furnishings Streetscape plans Streetscape details Costing would be completed to a 60%level of detail. 21.3 95%Landscape and streetscape design. 0 4 40 16 0 0 4 64 Note:Plans and specifications would be completed to a final 100%level. A final estimate of construction costs would be completed. Plans and specifications would be in a format suitable for bidding and compliant with state-aid requirements. SUBTOTAL-TASK 21 0 8 108 32 0 0 4 152 $15,380 22.0 BID READY CONSTRUCTION DOCUMENTS(100%PLANS AND SPECIFICATIONS) 22.1 Address the 95%comments and submit the following to City for 0 2 16 0 20 20 0 58 approvals: Assumes this will occur for both segments,just at different times. 100%Construction Plan Engineer's Opinion of Probable Construction Costs 100%Special Provisions - Required Permits(for signatures)(West segment only) S:\Marketing\Proposals\2014 Proposals\P14692 Eden Prairie West 70th Street\scope\West 70th Street FINAL SCOPE 2014-09.11.xlsx SRF CONSULTING GROUP,INC. PAGE 17 OF 21 CLIENT: CITY OF EDEN PRAIRIE CONSULTANT: SRF CONSULTING GROUP,INC. SUBCONSULTANT: PROJECT: WEST 70TH STREET ""'ESTIMATED PERSON-HOURS""' ESTIMATED TASK NO. WORK TASK DESCRIPTION PRINCIPAL SR.ASSOC. ASSOCIATE SR.PROF PROF, TECHNICAL CLERICAL TOTALS FEE 22.2 Provide City with final 11"x17"plan sheets. In addition,the 0 4 16 0 0 16 0 36 special provisions will be provided in electronic Microsoft Word format and the Engineer's Opinion of Probable Construction Cost will be provided in electronic Microsoft Excel format as well as hard copy. (East and West segments) 22.3 Prepare 11"x 17"construction plan sets,Contract Documents 0 0 4 0 0 0 10 14 and Special Provision and Proposal Forms for distribution to potential bidders. Assist City with posting plans and specifications on-line for contractor review. (West segment only.) SUBTOTAL-TASK 22 0 6 36 0 20 36 10 108 $10,100 23.0 PERMITS Assumptions Over one acre of disturbance will occur and the project Will need to meet the requirements of the NPDES permit issued August 1, 2013. The project will need to meet the requirements of the Nine Mile Creek Watershed District. No FEMA floodplains exist within the project limits. Any storage volume filled in the existing wetland will require compensatory storage. Excavation adjacent to the existing wetland will mitigate for fill volumes. 23.1 Prepare Storm Water Pollution Prevention Plan(SWPPP)and 0 2 8 0 0 0 0 10 submit to City for review and approval to satisfy requirements of MPCA NPDES Phase II General Storm Water Permit. (Preparer/Reviewer is MnDOT-certified designer of Construction SWPPPS.) 23.2 Prepare and Submit Permit Application for MPCA NPDES Phase 0 0 16 0 0 0 0 16 II General Storm Water Discharge Permit. SAMarketing\Proposals\2014 Proposals\P14692 Eden Prairie West 70th Street\scope\West 70th Street FINAL SCOPE 2014-09-11.xlsx SRF CONSULTING GROUP,INC. PAGE 18 OF 21 CLIENT: CITY OF EDEN PRAIRIE CONSULTANT: SRF CONSULTING GROUP,INC. SUBCONSULTANT: PROJECT: WEST 70TH STREET *****ESTIMATED PERSON-HOURS***** ESTIMATED TASK NO. WORK TASK DESCRIPTION PRINCIPAL SR.ASSOC. ASSOCIATE SR.PROF PROF. TECHNICAL CLERICAL TOTALS FEE 23.3 Coordinate,prepare and submit permit application for NMCWD 0 12 32 0 16 0 0 60 Permit,including hydraulic,water quality computations and drainage area map submittal. Includes one meeting during preliminary design With staff of City of Eden Prairie and NMCWD. Does not Include attendance at the NMCWD Board meeting for permit approval. See wetland permitting Task 9.0 for wetland coordination. 23.4 Prepare and submit permit applications to Minn Dept of Health for 0 0 2 0 6 2 0 10 water main improvements and to Minn Pollution Control Agency for sanitary sewer improvements. SUBTOTAL-TASK 23 0 14 58 0 22 2 0 96 $9,850 24.0 BIDDING ADMINISTRATION 24.1 Prepare Advertisement for Bids. 0 0 4 0 0 0 0 4 24.2 Answer bidders questions and issue addenda as necessary. 0 0 10 0 0 0 0 10 24.3 Attend bid opening and prepare bid abstract. Assist City with pre 0 0 2 0 4 0 0 6 and post award processes. SUBTOTAL-TASK 24 0 0 16 0 4 0 0 20 $2,000 TOTAL ESTIMATED PERSON-HOURS 136 442 827 174 804 364 28 2775 AVERAGE HOURLY BILLING RATES $170 $130 $105 $85 $80 $90 $70 ESTIMATED LABOR AND OVERHEAD $23,120 $57,460 $86,835 $14,790 $64,320 $32,760 $1,960 $281,245 ESTIMATED DIRECT NON-SALARY EXPENSES $1,100 TOTAL ESTIMATED FEE $282,345 S:\Marketing\Proposals\2014 Proposals\P14592 Eden Prairie West 70th Street\scope\West 70th Street FINAL SCOPE 2014-09.11.xlsx SRF CONSULTING GROUP,INC. PAGE 19 OF 21 CLIENT: CITY OF EDEN PRAIRIE CONSULTANT: SRF CONSULTING GROUP,INC. SUBCONSULTANT: PROJECT: WEST 70TH STREET *****ESTIMATED PERSON-HOURS***** ESTIMATED TASK NO. WORK TASK DESCRIPTION PRINCIPAL SR.ASSOC. ASSOCIATE SR.PROF PROF. TECHNICAL CLERICAL TOTALS FEE ESTIMATE OF DIRECT NON-SALARY EXPENSES: MILEAGE: Personal Vehicles 1000 Miles @ $0.560 $560 REPRODUCTION: Copy Duplication 400 Copies @ $0.10 $40 MORTGAGE FEES(not included in this proposal) 0 Apps @ $400.00 $0 COMMUNICATIONS: Mail,Express,Etc. $100 SUBCONSULTANTS: $0 PERMIT FEES NPDES $400 $0 $0 ESTIMATED DIRECT NON-SALARY EXPENSES $1,100 SUMMARY 1.0 PROJECT MANAGEMENT $4,080 $13,780 $0 $0 $0 $0 $0 $17,860 2.0 QUALITY CONTROL/QUALITY ASSURANCE $0 $5,200 $2,100 $0 $0 $0 $0 $7,300 3.0 COORDINATION MEETINGS $12,580 $12,220 $17,640 $0 $0 $0 $0 $42,440 4.0 SURVEYING AND MAPPING $0 $910 $0 $0 $0 $6,120 $0 $7,030 5.0 CONCEPTUAL LAYOUT AND TYPICAL SECTION $0 $1,040 $9,240 $1,360 $0 $0 $0 $11,640 ALTERNATIVES 6.0 PUBLIC INVOLVEMENT $680 $1,040 $1,050 $0 $960 $900 $0 $4,630 7.0 TRAFFIC OPERATIONS ANALYSIS $1,360 $0 $0 $2,040 $0 $0 $0 $3,400 8.0 PRELIMINARY LAYOUT(30%DESIGN) $0 $1,300 $6,930 $0 $12,800 $5,040 $0 $26,070 9.0 WETLAND DELINEATION AND MAPPING $0 $0 $0 $7,650 $0 $0 $0 $7,650 10.0 EASEMENT DESCRIPTIONS AND SKETCHES $340 $1,560 $0 $0 $0 $1,080 $0 $2,980 11.0 PRIVATE UTILITY COORDINATION $0 $520 $1,680 $0 $2,240 $360 $140 $4,940 12.0 GEOTECHNICAL REVIEW AND COORDINATION $0 $520 $1,680 $0 $0 $0 $0 $2,200 13.0 PRELIMINARY WATER RESOURCES DESIGN $0 $780 $3,990 $0 $2,400 $0 $0 $7,170 14.0 RIGHT OF WAY ACQUISITION $4,080 $0 $1,680 $1,020 $8,800 $0 $0 $15,580 15.0 CONSTRUCTION COST ESTIMATES $0 $910 $1,470 $0 $5,120 $0 $0 $7,500 16.0 STREET LIGHTING DESIGN $0 $4,420 $0 $0 $3,360 $6,120 $0 $13,900 17.0 TRAFFIC CONTROL PLANS $0 $0 $840 $0 $1,600 $360 $0 $2,800 18.0 PRELIMINARY ROADWAY DESIGN(60%PLAN SET) $0 $1,040 $4,305 $0 $9,120 $4,140 $140 $18,745 19.0 FINAL ROADWAY DESIGN(95%PLANS AND $0 $6,760 $3,150 $0 $4,480 $2,160 $700 $17,250 SPECIFICATIONS) 20.0 DRAINAGEMATER RESOURCES DESIGN $0 $1,820 $8,190 $0 $9,760 $3,060 $0 $22,830 S:\Marketing\Proposals\2014 Proposals\P14692 Eden Prairie West 70th Street\scope\West 70th Street FINAL SCOPE 2014-09-11.xlsx SRF CONSULTING GROUP,INC. PAGE 20 OF 21 CLIENT: CITY OF EDEN PRAIRIE CONSULTANT: SRF CONSULTING GROUP,INC. SUBCONSULTANT: PROJECT: WEST 70TH STREET *****ESTIMATED PERSON-HOURS***** ESTIMATED TASK NO. WORK TASK DESCRIPTION PRINCIPAL SR.ASSOC. ASSOCIATE SR.PROF PROF. TECHNICAL CLERICAL TOTALS FEE 21.0 LANDSCAPE AND STREETSCAPE DESIGN $0 $1,040 $11,340 $2,720 $0 $0 $280 $15,380 22.0 BID READY CONSTRUCTION DOCUMENTS(100%PLANS $0 $780 $3,780 $0 $1,600 $3,240 $700 $10,100 AND SPECIFICATIONS) 23.0 PERMITS $0 $1,820 $6,090 $0 $1,760 $180 $0 $9,850 24.0 BIDDING ADMINISTRATION $0 $0 $1,680 $0 $320 $0 $0 $2,000 ESTIMATED DIRECT NON-SALARY EXPENSES $1,100 TOTAL $282,345 S:\Marketing\Proposals\2014 Proposals\P14692 Eden Prairie West 701h Street\scope\West 70th Street FINAL SCOPE 2014-09-11.xlsx SRF CONSULTING GROUP,INC. PAGE 21 OF 21 SRF CONSULTING GROUP, INC. RANGE OF HOURLY BILLING RATES JANUARY 2014 THROUGH DECEMBER 2014 SENIOR PRINCIPAL $205 PRINCIPAL $ 148 - $ 202 SENIOR ASSOCIATE $ 120 - $ 180 ASSOCIATE $ 103 - $ 160 SENIOR PROFESSIONAL MIS Specialist $ 104 - $ 146 Engineer $ 79 - $ 132 Landscape Architect $ 77 - $ 132 Planner $ 77 - $ 132 GRADUATE Engineer $ 67 - $ 107 Hydrologist $ 67 - $ 107 Landscape Designer $ 67 - $ 107 Planner $ 67 - $ 107 TECHNICAL Safety Specialist $ 103 - $ 160 Engineering Specialist $ 93 - $ 127 Right-of-Way Specialist, Senior $ 81 - $ 123 Right-of-Way Specialist $ 67 - $ 103 CADD/Field Technician, Principal $ 85 - $ 127 CADD/Field Technician, Senior $ 71 - $ 108 CADD/Field Technician $ 45 - $ 90 Survey Technician, Principal $ 85 - $ 127 Survey Technician,Senior $ 71 - $ 108 Survey/Traffic Technician $ 44 - $ 87 PRODUCTION WEB Designer, Principal $ 85 - $ 116 Graphics Technician, Principal $ 79 - $ 121 Graphics Technician,Senior $ 72 - $ 108 Graphics Technician $ 45 - $ 92 Sr. Editor $ 88 - $ 119 Editor $ 71 - $ 105 Administrative Assistant $ 62 - $ 95 Word Processor $ 56 - $ 86 Clerical $ 46 - $ 83 The Range of Hourly Rates schedule is subject to change annually. Direct project related expenses are billed at actual cost and mileage is billed at a rate not to exceed the current allowable IRS rate for business miles. CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda September 16, 2014 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIILF. Community Standard Grant Agreement with Bluestein Development/Planning Heritage Group to produce 4 interpretive Janet Jeremiah/Lori Creamer signs and kiosk stand. Requested Action Move to: Approve the Professional Services Agreement with Bluestein Heritage Group to research, write, design and fabricate four outdoor interpretive panels and construct a four-sided wooden kiosk structure at the Riley-Jacques Farmstead, in the amount of$27,000. Synopsis In July of 2014, the City of Eden Prairie received $27,000 from the MN Historical Society Certified Local Government grant fund. The City will provide a$13,500 match consisting of cash match and in-kind staff services. The grant will be used to hire a consultant, Bluestein Heritage Group, to research, write, design and fabricate four outdoor interpretive panels and construct a four-sided wooden kiosk structure at the Riley-Jacques Farmstead. The consultant will engage in discussion of the proposed design and construction with the Heritage Preservation Commission throughout the process. Background Information The Certified Local Government grant program is a funding resource provided by the MN Historical Society to help local Heritage Preservation programs provide education, local designations and other projects deemed appropriate through certain criteria. In 2013 the City was awarded two additional grants totaling $20,000.00 and has worked with Bluestein Heritage Group on previous grant projects successfully. Attachment Standard Grant Agreement Professional Grant Contract This Contract ("Contract") is made on the 2nd day of September, 2014, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Bluestem Heritage Group, a Minnesota limited liability company (hereinafter "Vendor") whose business address is 857 Great Oaks Trail, Attn: Nancy O'Brien Wagner, St. Paul, MN 55123. Preliminary Statement The City has adopted a policy regarding the selection and hiring of vendors to provide a variety of goods and/or services for the City. That policy requires that persons, firms or corporations providing such goods and/or services enter into written agreements with the City. The purpose of this Contract is to set forth the terms and conditions for the provision of goods and/or services by Vendor for researching the history, significance and preservation of the Dorenkemper House and the Riley-Jacques farm and their context in Eden Prairie and to create four interpretive panels and display kiosks suitable for installation at the site hereinafter referred to as the "Work". The City and Vendor agree as follows: 1. Scope of Work. The Vendor agrees to provide, perform and complete all the provisions of the Work in accordance with attached Exhibit A. The terms of this Contract shall take precedence over any provisions of the Vendor's proposal and/or general conditions. 2. Term of Contract. All Work under this Contract shall be provided, performed and/or completed by July 15, 2015. 3. Compensation for Services. City agrees to pay the Vendor a fixed sum of $27,000 as full and complete payment for the goods, labor, materials and/or services rendered pursuant to this Contract and as described in Exhibit A. 4. Method of Payment. Vendor shall prepare and submit to City, four times during the project period, itemized invoices setting forth work performed under this Contract. Invoices submitted shall be paid in the same manner as other claims made to the City. 5. Staffing. The Vendor has designated Nancy O'Brien Wagner to perform the Work. They shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Vendor may not remove or replace the designated staff without the approval of the City. 6. Standard of Care. Vendor shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. 7. Insurance. a. General Liability. Vendor shall maintain a general liability insurance policy with limits of at least $1,500,000.00 for each person, and each occurrence, for both personal injury and property damage. Vendor shall provide City with a Certificate of Insurance verifying insurance coverage before providing service to the City. b. Worker's Compensation. Vendor shall secure and maintain such insurance as will protect Vendor from claims under the Worker's Compensation Acts and from claims for bodily injury, death, or property damage which may arise from the performance of Vendor's services under this Contract. c. Professional Liability. Vendor 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 Vendor's responsibility to pay any retention or deductible for the professional liability insurance. Vendor agrees to maintain the professional liability insurance for a minimum of two (2) years following termination of this Agreement. 8. Indemnification. Vendor will indemnify City and hold it harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney's fees paid, incurred or for which it may be liable resulting from any breach of this Contract by Vendor or any negligent or intentional act or omission performed, taken or not performed or taken by Vendor, its agents, contractors and employees, relative to this Contract. City will indemnify and hold Vendor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its agents or employees. 9. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Contract ("Information") shall become the property of the City, but Vendort may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Vendor also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Contract ("Project") does not relieve any liability on the part of the Vendor, but any use of the Information by the City or the Vendor 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. 10. Termination. This Contract may be terminated by either party by seven (7) days' written notice delivered to the other party at the addresses written above. Upon termination under this provision if there is no fault of the Vendor, the Vendor shall be paid for services rendered until the effective date of termination. 11. Independent Contractor. At all times and for all purposes herein, the Vendor is an independent contractor and not an employee of the City. No statement herein shall be construed so as to find the Vendor an employee of the City. 12. Non-Discrimination. During the performance of this Contract, the Vendor shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, or age. The Vendor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Vendor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 13. Subcontract or Assignment. Vendor shall not subcontract any part of the services to be provided under this Contract; nor may Vendor assign this Contract, or any interest arising herein, without the prior written consent of the City. Professional Grant Contract Page 2 of 6 14. Services Not Provided For. No claim for services furnished by Vendor not specifically provided for in Exhibit A shall be honored by the City. 15. Compliance with Laws and Regulations. Vendor is responsible for knowing of and abiding by all statutes, ordinances, rules and regulations pertaining to the type of services provided pursuant to this Contract. 16. Audit Disclosure and Data Practices. Any reports, information, data, etc. given to, or prepared or assembled by the Vendor under this Contract which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. The books, records, documents and accounting procedures and practices of the Vendor or other parties relevant to this Contract are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Contract. This Contract 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 Vendor in performing any of the functions of the City during performance of this Contract is subject to the requirements of the Data Practice Act and Vendor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Vendor in relation to this Contract shall contain similar Data Practices Act compliance language. 17. Conflicts. No salaried officer or employee of the City and no member of the Council, or Commission, or Board of the City shall have a financial interest, direct or indirect, in this contract. The violation of this provision renders the contract void. Any federal regulations and applicable state statutes shall not be violated. 18. Damages. In the event of a breach of this Contract by the City, Vendor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 19. Governinq Law. This Contract shall be controlled by the laws of the State of Minnesota. 20. Severability. The provisions of this Contract are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Contract. 21. Entire Agreement. The entire agreement of the parties is contained herein. This Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 22. Grant Compliance. City has received a grant from the Minnesota Historical Society for the Work, attached hereto as Exhibit B (hereinafter the "Grant"). City is required to comply with the terms and conditions of the Grant. Contractor agrees to comply with the terms and conditions of the Grant, including but not limited to Section II Assurances, to the extent the terms and conditions apply to the Contractor's work under this Agreement. Professional Grant Contract Page 3 of 6 Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager VENDOR By: Its: Professional Grant Contract Page 4 of 6 Exhibit A—Scope of Work Project Scope and Products The project scope will include the background research and documentation necessary to plan, write, design and fabricate four outdoor interpretive panels and the construction of a four-sided wooden kiosk structure with a metal roof. The contract professional will provide HPC with relevant research file(s) related to panel themes agreed upon with the HPC, text for panels, and graphics for panels. Contract graphic artist will provide HPC with design lay-out for panels in an agreed-upon format. Final products will be: • Four 36"x48" interpretive panels featuring custom high pressure laminate graphics. Panel design will be National Parks-style, similar to the ones which have been recently installed at the site. • Wooden kiosks stand to display interpretive panels at the farm site. • Two CD's, or similar format, containing the final product interpretive panels files for future use. The contract professional is also expected to provide the following services: • Participate in meetings with City staff and HPC as needed. There is an expectation that some collaborative meetings with the City's Parks and Recreation staff may be needed. • Provide City with monthly progress updates. Professional Grant Contract Page 5 of 6 Exhibit B —Grant Professional Grant Contract Page 6 of 6 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar September 16, 2014 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIILG. Jay Lotthammer, Director, Hennepin Youth Sports Grant Proposal— Parks and Recreation Dryland Training Facility Requested Action Move to: Adopt the resolution authorizing staff to submit a grant request to the Hennepin Youth Sports Grant Program for development and construction of a Dryland Training Facility. Synopsis As a result of reducing the size of rink 2 from Olympic size to a standard size rink, a 20'x180' space became available adjacent to the rink. This created an opportunity to provide a safe environment for the development of dry land training space at the Community Center. This new space will allow for specialized dryland training for a variety of user groups including youth hockey, figure skating and swim clubs along with fit kids club and fitness participants. Hennepin County is seeking local government units (LGU) interested in developing facilities for amateur sports or recreation. Legislation authorizing the building of the new Twins stadium allows Hennepin County to grant up to $2 million dollars each grant cycle to Hennepin County communities to assist with developing these facilities. These grants will be made through the Hennepin Youth Sports Program. In order to apply for the grant it must submitted by a local government organization and a council resolution authorizing the submission of the grant application is required. Staff would complete the application and oversee the construction if the award is successful. The estimated cost of the project is $40,000. Background The purpose of these grants is to allow municipalities,park districts and school districts to create, expand or improve sport or recreational facilities to enhance opportunities for athletics and recreation. No grant awards may be used for ongoing expenses, such as programming services or operating and maintaining the facilities. The criteria considered in evaluating grant applications includes; need for the facility, including recognizing that many changes in youth sports and activities have occurred in the more densely populated cities of Hennepin County, equitable distribution throughout the county, leveraging non-Hennepin County funds and in-kind contributions, sustainability, including ongoing operating funds and inclusion of environmental improvements. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2014- RESOLUTION AUTHORIZING FILING OF APPLICATION AND EXECUTION OF AGREEMENT TO DEVELOP SPORT OR RECREATION FACILITIES UNDER THE PROVISIONS OF THE HENNEPIN YOUTH SPORTS PROGRAM FOR THE DEVELOPMENT OF THE DRYLAND TRAINING SPACE AT THE EDEN PRAIRIE COMMUNITY CENTER WHEREAS, the Hennepin County Board of Commissioners, via the Hennepin Youth Sports Program, provides for capital funds to assist local government units of Hennepin County for the development of sports or recreational facilities; and WHEREAS, the City of Eden Prairie (local government unit, hereinafter LGU) desires to develop and build a Dryland Training Space, hereinafter PROJECT. NOW, THEREFORE BE IT RESOLVED by the Eden Prairie City Council of the City of Eden Prairie. L The estimate of the total cost of developing PROJECT shall be $40,000. The LGU is requesting $30,000 from the Hennepin Youth Sports Program and will assume responsibility for a matching funds requirement of$10,000. II. The City of Eden Prairie agrees to own and assume one hundred (100) percent of operational and maintenance costs for PROJECT. The City of Eden Prairie will operate PROJECT for its intended purpose for the functional life of the facility, which is estimated to be 40 years. III. The City of Eden Prairie agrees to enter into necessary and required agreements with Hennepin County for the specific purpose of developing PROJECT and managing its long-term operation. IV. That the Park and Recreation Director are authorized and directed to execute the application for the Hennepin Youth Sports Program grants. CERTIFICATION I hereby certify that the foregoing resolution is a true and correct copy of the resolution presented to and adopted by the Eden Prairie City Council at a duly authorized meeting thereof held on the 16th day of September, 2014, as shown by the minutes of said meeting in my possession. ADOPTED by the Eden Prairie City Council on this 16th day of September, 2014. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: September 16, 2014 SECTION: Consent Calendar DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIILH. Paul Sticha, Administration, City Center Upper Level Facilities Egress/Entrance Requested Action Move to: Award the contract for construction of an entrance/exit from the upper level vacancy in the City Center building to Integrity Remodeling. Synopsis Since the City Center building was originally owned by a corporation, it was not set up as a multi-tenant building. Consequently, the City's former upper level tenant had to walk through the Education Center suite to access their upper level suite. The proposed construction will modify the common entrance area to provide a separate entrance/exit to the upper level and completely isolate the two suites from each other. Plans and specifications were prepared by Welsh Architecture. Integrity Remodeling was the lowest of three bids received for this project. Base Bid Diversified Construction $44,800 Integrity Remodeling $37,563 RJ Marco Construction $39,987 Construction Proposal Integrity Remodeling & Design Group LLC September 1 , 2014 COEP Lower Level Egress 8080 Mitchell Rd Eden Prairie, MN United States of America 55344-4485 Integrity Remodeling & Design Group LLC 8212 Virginia Circle N St. Louis Park, Minnesota 55426 United States (952) 943-0006 (612) 922-4170 ►1. INTEGRITY REMODELING & DESIGN GROUP LLC Proposal September 1 , 2014 Between the Owner: Paul Sticha 8080 Mitchell Rd Eden Prairie, MN United States of America 55344-4485 (952) 949-8488 And the Contractor: Integrity Remodeling & Design Group LLC 8212 Virginia Circle N St. Louis Park, Minnesota 55426 United States BC-630478 (952) 943-0006 For the Project: COEP Lower Level Egress 8080 Mitchell Rd Eden Prairie, MN United States of America 55344-4485 ►. INTEGRITY REMODELING & DESIGN GROUP LLC SCOPE OF WORK: Modify existing egress in lower level entrance near school entry Remove existing wall and relocate approximately two feet encroaching in to existing hallway. Cut open two masonry wall opening to create passage Finish with lintel and masonry block, tuck point and finish. Install 2x4 reflective lighting to match existing upstairs and cap outlet in floor at the bottom of the stairwell. Remove existing hose bib. SPECIAL CONDITIONS: Does not include any unforeseen condition of the existing structure not visible during the initial walk though. Any issues that arise during the demolition or construction phases of the project will be managed through the Change Order Management Process. ►. INTEGRITY REMODELING & DESIGN GROUP LLC Project Totals: PLANNING Permits Bid Notes: State Surcharges for permit fees based on the final valuation of the project. SUBTOTAL PLANNING $25.00 DEMOLITION Demolition Labor Bid Notes: Demolition labor and miscelaneous materials to remove the existing interior wall at the bottom of the stairs Demolition Removal Bid Notes: Dumpster fees for the duration of the project to collect, haul away and dispose of. SUBTOTAL DEMOLITION $725.00 FOUNDATION Foundation Labor Bid Notes: Labor and materials to remove existing block walls in designated areas, tooth in block were needed, and install lintels over each opening. Concrete Slab Labor Bid Notes: Labor and materials to install concrete slab at the old planter base SUBTOTAL FOUNDATION $8,000.00 ►. INTEGRITY REMODELING & DESIGN GROUP LLC FRAMING Framing Labor Bid Notes: Labor and materials to frame new wall and dispose of existing door at the bottom of the stairs. SUBTOTAL FRAMING $2,198.50 EXT. WINDOWS & DOORS Exterior Doors Bid Notes: Commercial Aluminum Door with fixed side lite as detailed in the current Plan Includes labor for installation SUBTOTAL EXT. WINDOWS & DOORS $4,302.11 ELECTRICAL SYSTEMS Electrical Labor Bid Notes: Labor and materials for lighting and electrical needs as called out by the current plan SUBTOTAL ELECTRICAL SYSTEMS $1,775.00 FIRE LIFE SAFETY Fire Suppression Bid Notes: Allowance for three sprinkler heads to be added in new corridor SUBTOTAL FIRE LIFE SAFETY $500.00 ►. INTEGRITY REMODELING & DESIGN GROUP LLC PLUMBING SYSTEMS Plumbing Labor Bid Notes: Cap Hose Bib SUBTOTAL PLUMBING SYSTEMS $250.00 HVAC SYSTEM HVAC System Bid Notes: Labor and materials to update HVAC in new lower level entry SUBTOTAL HVAC SYSTEM $2,309.00 INSULATION & DRYWALL Insulation Bid Notes: Insulation for soundproofing in new wall of the lower level entry Drywall Labor Bid Notes: Labor and materials to knife, sand and finish ready for paint. SUBTOTAL INSULATION & DRYWALL $6,031.40 INTERIOR TRIM & STAIRS Suspended Ceiling Bid Notes: Supply and install new suspended ceiling in the lower level entry way to match existing ceiling on upper level. SUBTOTAL INTERIOR TRIM & STAIRS $3,350.16 ►. INTEGRITY REMODELING & DESIGN GROUP LLC FLOORCOVERING Carpet Labor Bid Notes: Supply and install commercial grade carpet for new lower level entry way. SUBTOTAL FLOORCOVERING $3,574.30 INTERIOR FINISHES Paint Labor SUBTOTAL INTERIOR FINISHES $4,522.00 TOTAL BASE PRICE: $37,562.47 ►. INTEGRITY REMODELING & DESIGN GROUP LL[ Terms & Conditions This agreement is entered into on this 22nd day of August, 2014 between City Of Eden Prairie c/o Paul Sticha hereinafter referred to as the OWNER, and Integrity Remodeling &Design Group LLc hereinafter referred to as the CONTRACTOR. For consideration hereafter stated to be paid by the OWNER,the CONTRACTOR hereby covenants and agrees with the OWNER to remodel the dwelling house upon the real property of the OWNER at 8080 Mitchell Road Eden Prairie MN 55344 in accordance with the following terms and conditions: 1. PLANS AND SPECIFICATIONS. Commercial Property to be remodeled in accordance with the plans and specifications heretofore agreed upon and approved by the parties, copies of which are attached hereto and made a part hereof"Scope of Work". 2. MECHANICS'S LIEN NOTICES. The OWNER acknowledges that simultaneously with the execution of this agreement that he/she has received all written notices required under M.S.A. 514.011 (Notice of Intention to File Mechanic's Lien). ATTENTION OWNERS a) ANY PERSON OR COMPANY SUPPLYING LABOR OR MATERIALS FOR THIS IMPROVEMENT TO YOUR PROPERTY MAY FILE A LIEN AGAINST YOUR PROPERTY IF THAT PERSON OR COMPANY IS NOT PAID FOR THE CONTRIBUTIONS. b) UNDER MINNESOTA LAW,YOU HAVE THE RIGHT TO PAY PERSONS WHO SUPPLIED LABOR OR MATERIALS FOR THIS IMPROVEMENT DIRECTLY AND DEDUCT THIS AMOUNT FROM OUR CONTRACT PRICE; OR WITHHOLD THE AMOUNTS DUE THEM FROM US UNTIL 120 DAYS AFTER THE COMPLETION OF THE IMPROVEMENT UNLESS WE GIVE YOU A LIEN WAIVER SIGNED BY PERSONS WHO SUPPLIED ANY LABOR OR MATERIAL FOR THE IMPROVEMENT AND WHO GAVE YOU TIMELY NOTICE. c) IN THE EVENT IT BECOMES NECESSARY FOR THE CONTRACTOR TO FILE A MECHANIC'S LIEN STATEMENT BECAUSE OF NON-PAYMENT BY THE OWNER OF ANY SUM REQUIRED UNDER THIS REMODELING CONSTRUCTION CONTRACT,THEN, AND IN THAT EVENT, THE OWNER SHALL PAY IN ADDITION TO ALL SUMS REQUIRED THERE UNDER THE COST OF PREPARATION AND FILING OF THE MECHANICS' LIEN STATEMENT,INCLUDING REASONABLE ATTORNEY'S FEES IN CONNECTION THERE WITH,AS WELL AS ALL OTHER FEES AND COSTS ALLOWED BY STATUTE. THIS SHALL BE CONSIDERED AS THE CONTRACTOR'S TIMELY NOTICE. 3. CHANGE ORDERS. The contracting parties must agree upon any deviation from the contract documents. The signature or verbal agreement of the OWNER'S agent shall be deemed sufficient acceptance of the changes in the construction plans and specifications. Verbal change orders will be priced at time and materials and subcontractors billed at cost plus 25%margin. Labor will be billed at $55 per hour. Change orders not paid in full at signing will be assessed a$75 administration fee. Copyright Integrity Remodeling & Design Group LLC 8 of 9 ►. INTEGRITY REMODELING & DESIGN GROUP LLC 4. ALLOWANCES. The contract price herein contains allowances for certain materials specifically listed in the attached plans and specifications and is billed on a time and materials basis. The cost of items charged against a particular allowance shall include sales tax,labor to install if specified in the contract, and delivery costs. Installation costs over or under the allowance total will include the CONTRACTOR'S normal 25%margin overhead charge and will be billed as incurred. 5. ARBITRATION. All claims or disputes arising out of this building contractor the breach thereof shall be decided by arbitration in accordance with the rules and procedures adopted by the American Arbitration Association or the Better Business Bureau, as applicable. Initiation or use of arbitration proceedings by either party shall no way waive any rights of the CONTRACTOR to pursue remedies available under mechanic's lien laws. 6. PRICE. The OWNER covenants and agrees to pay the CONTRACTOR for the remodeling construction of said building the sum of $37,562.47 ,which sum shall be due and payable as follows: 7. ENTIRE AGREEMENT. This is the entire agreement between the parties hereto relating to the subject matter hereof, and there are no other agreements, representations, statements,promises, warranties, or consideration,neither express nor implied,other than those expressly set forth herein. In entering this agreement,neither parry has relied upon or been induced by any oral representations made or any information given by the other parry. Acceptance of Agreement Owner Signature Date Owner Signature Date Contractor Signature Date Copyright Integrity Remodeling & Design Group LLC 9 of 9 Standard Construction Contract This Contract ("Contract") is made on the 161" day of September, 2014, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Integrity Remodel and Design Group, a Minnesota Limited Liability Corporation (hereinafter "Contractor") whose business address is 8212 Virginia Circle North, St. Louis Park, MN 55426. Preliminary Statement The City has adopted a policy regarding the selection and hiring of contractors to provide a variety of services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Contract is to set forth the terms and conditions for the provision of services by Contractor for construction of an entrance/egress for the upper level of City Center hereinafter referred to as the "Work". The City and Contractor agree as follows: 1. Scope of Work/Proposal. The Contractor agrees to provide, perform and complete all the provisions of the Work in accordance with attached proposal dated September 1, 2014. The terms of this Contract shall take precedence over any provisions of the Contractor's proposal and/or general conditions. 2. Time of Commencement and Completion. The Work to be performed under this Contract shall be commenced immediately after execution of this Contract. The Work shall be completed by December 31, 2014. 3. Compensation for Services. City agrees to pay the Contractor a fixed sum of $37,562.47 as full and complete payment for the labor, materials and services rendered pursuant to this Contract and as described in the attached proposal. a. Any changes in the scope of the work which may result in an increase to the compensation due the Contractor shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. b. If Contractor is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay. 4. Method of Payment. The Contractor shall submit to the City, on a monthly basis, an itemized invoice for services performed under this Contract. Invoices submitted shall be paid in the same manner as other claims made to the City. a. Invoices. Contractor shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Contractor 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. Claims. To receive any payment on this Contract, the invoice or bill must include the following signed and dated statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." c. Final Payment. Final payment, constituting the entire unpaid balance of the Contract Sum, shall be paid by the City to the Contractor when the Work has been completed, the Contract fully performed, and the City accepts the Work in writing. The acceptance of final payment shall constitute a waiver of all claims by the Contractor except those previously made in writing and identified by the Contractor as unsettled at the time of Application for Final Payment. d. Income Tax Withholding. No final payment shall be made to the Contractor until the Contractor has provided satisfactory evidence to the City that the Contractor and each of its subcontracts has complied with the provisions of Minn. Stat. Section 290.92 relating to withholding of income taxes upon wages. A certificate by the Commissioner of Revenue shall satisfy this requirement. 5. Standard of Care. Contractor shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Contractor shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Contractor's breach of this standard of care. Contractor shall put forth reasonable efforts to complete its duties in a timely manner. Contractor shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Contract. Contractor shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 6. Protect Manager, The Contractor has designated Ray Topalof to Manage the Work. They shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Contractor may not remove or replace the designated manager without the approval of the City. 7. Condition and Inspection. All goods and other materials furnished under this Contract shall be new and in current manufacture, unless otherwise specified, and all goods and work shall be of good quality, free from faults and defects and in conformance with this Contract. All goods and work not conforming to these requirements shall be considered defective. Goods shall be subject to inspection and testing by the City. Defective goods or goods not in current manufacture may be returned to the Contractor at the Contractor's expense. 8. Correction of Work. The Contractor shall promptly correct all Work rejected by the City as defective or as failing to conform under this Contract whether observed before or after Standard Construction Contract Page 2 of 10 completion of the Work and whether or not fabricated, installed or completed. The Contractor shall bear all costs of correcting such rejected Work. 9. Warranty. The Contractor expressly warrants and guarantees to the City that all Work performed and all materials furnished shall be in accord with the Contract and shall be free from defects in materials, workmanship, and operation which appear within a period of one year, or within such longer period as may be prescribed by law or in the terms of the Contract, from the date of City's written acceptance of the Work. The City's rights under the Contractor's warranty are not the City's exclusive remedy. The City shall have all other remedies available under this Contract, at law or in equity. Should any defects develop in the materials, workmanship or operation of the system within the specified period, upon notice from the City, the Contractor agrees, within ten (10) calendar days after receiving written notice and without expense to the City, to repair, replace and in general to perform all necessary corrective Work with regard to the defective or nonconforming Work or materials to the satisfaction of the City. THE FOREGOING SHALL NOT IN ANY MANNER LIMIT THE CITY'S REMEDY OR THE CONTRACTOR'S LIABILITY TO THOSE DEFECTS APPEARING WITHIN THE WARRANTY PERIOD. The Contractor agrees to perform the Work in a manner and at a time so as to minimize any damages sustained by the City and so as to not interfere with or in any way disrupt the operation of the City or the public. The corrective Work referred to above shall include without limitation, (a) the cost of removing the defective or nonconforming Work and materials from the site, (b) the cost of correcting all Work of other Contractors destroyed or damaged by defective or nonconforming Work and materials including the cost of removal of such damaged Work and materials form the site, and (c) the cost of correcting all damages to Work of other Contractors caused by the removal of the defective or nonconforming Work or materials. The Contractor shall post bonds to secure the warranties. 10. Private Property. The Contractor shall not enter upon private property for any purpose without having previously obtained permission from the City. The Contractor shall be responsible for the preservation of, and shall use every precaution to prevent damage to all trees, shrubbery, plants, lawns, fences, culverts, bridges, pavements, driveways, sidewalks, etc.; all water, sewer and gas lines; all conduits; all overhead pole lines or appurtenances thereof; and all other public or private property along or adjacent to the work. 11. Removal of Construction Equipment, Tools and Supplies. At the termination of this Contract, before acceptance of the Work by the City, the Contractor shall remove all of Contractor's equipment, tools and supplies from the property of the City. Should the Contractor fail to remove such equipment, tools and supplies, the City shall have the right to remove them and deduct the cost of removal from any amount owed to Contractor. 12. Suspension of Work by City. The City may at any time suspend the Work, or any part thereof, by giving ten (10) days' notice to the Contractor in writing. The work shall be resumed by the Contractor within ten (10) days after the date fixed in the written notice from the City to the Contractor to resume. If the City's suspension of all or part of the Work causes additional expenses not due to the fault or negligence of the Contractor, the City shall reimburse the Contractor for the additional expense incurred due to suspension of the work. Claims for such compensation, with complete substantiating records, shall be filed with the City within ten (10) Standard Construction Contract Page 3 of 10 days after the date of order to resume Work in order to receive consideration. This paragraph shall not be construed as entitling the Contractor to compensation for delays due to inclement weather, failure to furnish additional surety or sureties specified herein, for suspension made at the request of the Contractor, or for any other delay provided for in this Contract. 13. City's Right to Carry Out the Work. If the Contractor defaults or neglects to carry out the Work in accordance with the Contract or fails to perform any provisions of the Contract, the City may, after ten (10) days written notice to the Contractor and without prejudice to any other remedy the City may have, make good such deficiencies. In such case an appropriate Change Order shall be issued deducting from the payment then or thereafter due the Contractor the cost of correcting such deficiencies. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the City. 14. City's Right to Terminate Contract and Complete the Work. The City has the right to terminate this Contract for any of the following reasons: a. The Contractor is adjudged bankrupt, makes a general assignment for the benefit of creditors, or becomes insolvent; b. Failure of Contractor to supply adequate properly skilled workmen or proper materials; c. Failure of Contractor to make prompt payment to subcontractor for material or labor; d. Any disregard of laws, ordinances or proper instructions of the City; e. Assignment or work without permission of the City; f. Abandonment of the work by Contractor; g. Failure to meet the work progress schedule set forth in this Contract; h. Unnecessary delay which, in the judgment of the City, will result in the work not being completed in the prescribed time. Termination of the Contract shall be preceded by ten (10) days written notice by the City to the Contractor and its surety stating the grounds for termination and the measures, if any, which must be taken to assure compliance with the Contract. The Contract shall be terminated at the expiration of such ten (10) day period unless the City Council shall withdraw its notice of termination. Upon termination of the Contract by the City, the City may, without prejudice to any other remedy the City may have, take possession of the site and of all materials, equipment, tools, construction equipment and machinery thereon owned by the Contractor and may finish the Work by whatever methods the City may deem expedient at the Contractor's expense. Upon Contract termination, the Contractor shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the contract price exceeds the expense of finishing the Work, including compensation for additional managerial and administrative services, the excess shall be paid to the Contractor. If such expense exceeds the unpaid balance, the Contractor shall pay the difference to the City. In the event that the Contractor abandons the Work, fails or refuses to complete the Work or fails to pay just claims for labor or material, the City reserves the right to charge against the Contractor all legal, engineering, or other costs resulting from such abandonment, failure or refusal. Legal costs will include the City's cost of prosecuting or defending any suit in connection with such abandonment, failure or refusal, and non-payment of claims wherein the City is made co-defendant, and the Contractor agrees to pay all costs, including reasonable attorney's fees. Standard Construction Contract Page 4 of 10 15. Contractor's Right to Terminate Contract. The Contractor may terminate this Contract upon ten (10) days written notice to the City for any of the following reasons: a. If an order of any court or other public authority caused the Work to be stopped or suspended for a period of 90 days through no act or fault of the Contractor or its employees. b. If the City should fail to pay any undisputed sum owed Contractor within forty-five (45) days after the sum becomes due. 16. Performance and Payment Bonds. Not applicable. 17. Subcontractor. The Contractor shall bind every subcontractor and every subcontractor shall agree to be bound by the terms of this Contract as far as applicable to its work, unless specifically noted to the contrary in a subcontract approved in writing as adequate by the City. The Contractor shall pay any subcontractor involved in the performance of this Contract within the ten (10) days of the Contractor's receipt of payment by the City for undisputed services provided by the subcontractor. If the Contractor fails within that time to pay the subcontractor any undisputed amount for which the Contractor has received payment by the City, the Contractor shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Contractor shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Contractor shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 18. Independent Contractor. Contractor is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Contract, who shall be employees, and under the direction, of Contractor and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Contractor an employee of the City. 19. Notice. Required notices to the Contractor shall be in writing, and shall be either hand- delivered to the Contractor, its employees or agents, or mailed to the Contractor by certified mail at the following address: Ray Topalof Integrity Remodeling and Design Group 8212 Virginia Circle North St. Louis Park, MN 55426 Notices to the City shall be in writing and shall be either hand-delivered or mailed to the City by certified mail at the following address: Paul Sticha City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Standard Construction Contract Page 5 of 10 Notices shall be deemed effective on the date of receipt. Any party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 20. Insurance. a. General Liability. Prior to starting the Work, Contractor shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Contractor or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. The policy(ies) shall name the City as an additional insured for the services provided under this Contract and shall provide that the Contractor's coverage shall be primary and noncontributory in the event of a loss. b. Contractor shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker's Compensation Statutory Limits Employer's Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Comprehensive Liability $1,500,000 property damage per occurrence $2,000,000 general aggregate $2,000,000 Products —Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit (shall include coverage for all owned, hired and non-owed vehicles. Umbrella or Excess Liability $1,000,000 c. The Comprehensive General/Commercial General Liability policy(ies) shall be equivalent in coverage to ISO form CG 0001, and shall include the following: i. Premises and Operations coverage with no explosions, collapse, or underground damage exclusion (XCU). ii. Products and Completed Operations Property Damage coverage. Contractor agrees to maintain this coverage for a minimum of two (2) years following completion of its work. iii. Personal injury with Employment Exclusion (if any) deleted. iv. Broad Form CG0001 0196 Contractual Liability coverage, or its equivalent. v. Broad Form Property Damage coverage, including completed operations, or its equivalent. Standard Construction Contract Page 6 of 10 vi. Additional Insured Endorsement(s) on ISO form CG 2010, or its equivalent, naming "the City of Eden Prairie." The additional insured form needs to extend protection for "product and completed operations". vii. If the Work to be performed is on an attached community, there shall be no exclusion for attached or condominium projects. viii. "Stop gap" coverage for work in those states where Workers' Compensation insurance is provided through a state fund if Employer's liability coverage is not available. ix. Incidental Malpractice and Host Liquor Liability insurance applicable to the Contractor's performance under this Contract. x. Severability of Insureds provision. d. Contractor shall maintain in effect all insurance coverages required under this Paragraph at Contractor's sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. In addition to the requirements stated above, the following applies to the insurance policies required under this Paragraph: i. All polices shall be written on an "occurrence" form ("claims made" and ,'modified occurrence" forms are not acceptable); ii. All polices shall be apply on a "per project" basis; iii. All policies, except the Worker's Compensation Policy, shall contain a waiver of subrogation naming "the City of Eden Prairie"; iv. All policies, except the Worker's Compensation Policiy, shall name "the City of Eden Prairie" as an additional insured; v. All policies, except the Worker's Compensation Policy, shall insure the defense and indemnity obligations assumed by Contractor under this Contract; and vi. All polices shall contain a provision that coverages afforded there under shall not be canceled or non-renewed or restrictive modifications added, without thirty (30) days prior written notice to the City. e. A copy of the Contractor's Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Contractor's Work. Upon request a copy of the Contractor's insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Contractor has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Contractor of any deficiencies in such documents and receipt thereof shall not relieve Contractor from, nor be deemed a waiver of, City's right to enforce the terms of Contractor's obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. f. Effect of Contractor's Failure to Provide Insurance. If Contractor fails to provide the specified insurance, then Contractor will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified Standard Construction Contract Page 7 of 10 insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Contractor, its subcontractors, agents, employees or delegates. Contractor agrees that this indemnity shall be construed and applied in favor of indemnification. Contractor also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Contractor to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Contractor's insurance company. Contractor will take the action required by the City within fifteen (15) days of receiving notice from the City. 21. Indemnification, Contractor will indemnify City and hold it harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney's fees paid, incurred or for which it may be liable resulting from any breach of this Contract by Contractor or any negligent or intentional act or omission performed, taken or not performed or taken by Contractor, its agents, contractors and employees, relative to this Contract. City will indemnify and hold Contractor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its agents or employees. 22. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Contract ("Information") shall become the property of the City, but Contractor may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Contractor also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Contract does not relieve any liability on the part of the Contractor, but any use of the Information by the City or the Contractor beyond the scope of this Contract is 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. 23. Non-Discrimination. During the performance of this Contract, the Contractor shall not discriminate against any employee or applicant for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Contractor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non- discrimination clause and stating that all qualified applicants will receive consideration for employment. The Contractor shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Contractor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Standard Construction Contract Page 8 of 10 Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 24. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the city of one of the Voting Members unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. 25. Audit Disclosure and Data Practices. Any reports, information, data, etc. given to, or prepared or assembled by the Contractor under this Contract which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. The books, records, documents and accounting procedures and practices of the Contractor or other parties relevant to this Contract are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Contract. The Contractor shall at all times abide by Minn. Stat. 13.01 et seq., the Minnesota Government Data Practices Act, to the extent the Act is applicable to data and documents in the possession of the Contractor. 26. Rights and Remedies. The duties and obligations imposed by this Contract and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 27. Assignment. Neither party shall assign this Contract, nor any interest arising herein, without the written consent of the other party. 28. Damages. In the event of a breach of the Contract by City, the Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 29. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Contract or thereafter of any of the rights or remedies of the City under this Contract. 30. Severability. The provisions of this Contract are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Contract. 31. Entire Agreement. The entire agreement of the parties is contained herein. This Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of Standard Construction Contract Page 9 of 10 the provisions of this Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 32. Waiver. No action nor failure to act by the City or the Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. 33. Governinq Law. This Contract shall be controlled by the laws of the State of Minnesota. 34. Conflicts. No salaried officer or employee of the City and no member of the Counci of the City shall have a financial interest, direct or indirect, in this Contract. The violation of this provision renders the Contract void. Any federal regulations and applicable state statutes shall not be violated. 35. Counterparts. This Contract 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 Nancy Tyra-Lukens, Its Mayor Rick Getschow, Its City Manager INTEGRITY REMODELING & DESIGN Ray Topalof, Its Owner Standard Construction Contract Page 10 of 10 CITY COUNCIL AGENDA DATE: SECTION: Consent September 16, 2014 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIILI. Community Development Approve Second Amendment to PROP Janet Jeremiah, Director Rehabilitation Deferred Grant Program Molly Koivumaki, Housing and Agreement Human Services Manager Requested Action Move to: Approve the Second Amendment to the Rehabilitation Deferred Grant Program Agreement between the City of Eden Prairie and PROP. Synopsis PROP received a grant in an amount up to $50,000 in 2012 to replace windows and an HVAC system in their building at 14700 Martin Drive. This grant expired on April 1, 2013 before the funds were expended. The first amendment executed on November 19, 2013, extended the grant through April 30, 2014, to cover the cost of a heater, electrical work, and outdoor lighting. The second amendment will extend the grant through April 30, 2015 to cover the cost of an air conditioner. The second amendment will allow for the expenditure of the remaining funds from the 2012 Grant. The CDBG funds to be used are generated from 2012 program income, and the expenditure will not take funds from any other program and will assist in the city's obligation to expend program income in a timely manner. Attachment Second Amendment SECOND AMENDMENT TO REHABILITATION DEFERRED GRANT PROGRAM AGREEMENT THIS SECOND AMENDMENT TO THE REHABILITATION DEFERRED GRANT PROGRAM AGREEMENT is made as of the 16th day of September, 2014, by and between People Reaching Out to Other People, Inc., a Minnesota non-profit corporation having its principal place of business at 14700 Martin Drive, Eden Prairie, Minnesota 55346 (hereinafter referred to as "Recipient"), and the City of Eden Prairie, a body corporate and politic of the State of Minnesota, having its principal office at 8080 Mitchell Road, Eden Prairie, Minnesota 55344, (hereinafter referred to as the "City"). WHEREAS, the parties entered into an agreement entitled "Rehabilitation Deferred Grant Program Agreement" executed by the Recipient and the City on October 16, 2012 (the "Agreement"); WHEREAS, Recipient owns the parcel of property and the building located thereon legally described in Exhibit A to the Agreement and hereinafter referred to collectively or individually as the "Real Property; WHEREAS, Recipient owns and operates the Real Property for the purpose of providing Eden Prairie residents in need with food and financial assistance and to provide support toward self sufficiency; and WHEREAS, under the Agreement the City provided the Recipient with Fifty Thousand and no/100 dollars ($50,000.00) as a grant (hereinafter referred to as the "Grant") for rehabilitation work on the Real Property; and WHEREAS, the parties desire to amend the Agreement to extend the term of the Agreement and include additional rehabilitation work. NOW THEREFORE, in consideration of said Grant, the sufficiency of which is hereby acknowledged by the Recipient, and in accordance with Minnesota Statutes, the parties hereto do hereby agree as follows: 1. Use of Grant Proceeds. The rehabilitation work ("Work") for which the grant proceeds may be used as set forth in Section 1 and Exhibit B to the Agreement is hereby expanded to include the Work set forth on Exhibit B attached hereto and incorporated herein. 2. Payment of Grant Proceeds. The date by which the Work must be completed as set forth in Section 2 of the Agreement is hereby extended to April 30, 2015. No payment shall be made for Work completed after April 30, 2015. 3. Reaffirmation of Grant Agreement. The parties reaffirm the terms and conditions of the Agreement. The additional Work and extended completion date shall be subject to the terms of the Agreement as amended herein. Except as amended hereby the Agreement remains in full force and effect. CITY OF EDEN PRAIRIE By: Nancy Tyra-Lukens, Mayor By: Rick Getschow, City Manager STATE OF MINNESOTA ) SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this 16th day of September, 2014, by Nancy Tyra-Lukens and Rick Getschow, respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. Notary Public 2 People Reaching Out to Other People, Inc. By: Melissa Musliner, Executive Director STATE OF MINNESOTA ) SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 2014, by Melissa Musliner, the Executive Director of People Reaching Out to Other People, Inc., a Minnesota non-profit corporation, on behalf of said corporation. Notary Public This instrument was drafted by: Gregerson, Rosow, Johnson &Nilan, Ltd. 650 Third Avenue South, Suite 1600 Minneapolis, MN 55402-4337 (612) 338-0755 3 Exhibit A Description of the Real Property Lot 2, Block 1, Edenvale Industrial Park 4th Addition, Hennepin County, Minnesota 4 Exhibit B Work Replace air conditioning unit. 5 CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda September 16, 2014 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 14-5869 ITEM NO.: VIII.J. Carter Schulze Award Contract to Valley-Rich Co., Inc Public Works/Engineering for the Duck Lake Trail Culvert Replacement at Duck Lake Requested Action Move to: Award Contract to Valley-Rich Co., Inc for the Duck Lake Trail Culvert Replacement at Duck Lake in the amount of$40,654. Synopsis Quotes were received the week of September 8, 2014, to replace the failing culvert that carries stormwater runoff under Duck Lake Trail to Duck Lake. The cost of the project will be paid out of the stormwater utility fund. The engineering estimate was $73,190. Three quotes were received and are tabulated as follows: Valley Rich Excavating $40,654 G.F. Jedlicki $66,568 Rachel Contracting $93,000 Background Information The corrugated metal culvert installed in the 1970's carrying stormwater under Duck Lake Trail has deteriorated to the point that the road bed has been compromised and is washing away through holes in the pipe. Since this has been identified as an urgent project, the streets division has patched the depression in the roadway more than once. The City contracted with HTPO, a consulting firm, to complete a design and create bidding documents to replace the culvert. Also as part of this project the neighboring resident is partnering with the City to install a raingarden/landscaping feature to improve the water quality of the stormwater runoff before it enters Duck Lake. Attachments Contract Quote Tab Quote Tab for Duck Lake Trail Emergency Culvert Replacement at 168th IC No. 14-5869 Engineer's Estimate Valley-Rich Co., Inc G.F.Jedlicki, Inc Item No. Item Description Est.Qty Unit Unit Price Total Unit Price Total Unit Price Total 1 Mobilization 1 Lump Sum $7,500.00 $7,500.00 $1,500.00 $1,500.00 $2,060.00 $2,060.00 2 Remove Bituminous Pavement 100 S.Y. $8.00 $800.00 $9.00 $900.00 $5.00 $500.00 3 Remove 24"CMP Storm Sewer, Riser&FES 69 L.F. $15.00 $1,035.00 $10.00 $690.00 $12.00 $828.00 4 Clearing and Grubbing 1.0 Lump Sum $1,000.00 $1,000.00 $1,000.00 $1,000.00 $6,400.00 $6,400.00 5 Dewatering 1 Lump Sum $5,000.00 $5,000.00 $1,000.00 $1,000.00 $6,250.00 $6,250.00 6 Construction Fence 160 L.F. $5.00 $800.00 $4.00 $640.00 $8.00 $1,280.00 7 Sand-Gravel Material (CV) 50 Ton $30.00 $1,500.00 $30.00 $1,500.00 $23.00 $1,150.00 8 Topsoil Borrow(LV) 40 C.Y. $35.00 $1,400.00 $40.00 $1,600.00 $35.00 $1,400.00 9 Aggregate Base Class 5 50 Ton $35.00 $1,750.00 $20.00 $1,000.00 $28.00 $1,400.00 10 Bituminous Wear Course 10 Ton $200.00 $2,000.00 $165.00 $1,650.00 $315.00 $3,150.00 11 Bituminous Base Course 10 Ton $200.00 $2,000.00 $165.00 $1,650.00 $315.00 $3,150.00 12 Bituminous Tack Coat 4 Gal $20.00 $80.00 $10.00 $40.00 $10.00 $40.00 13 Bituminous Trail-2.5"SPWEB240B 5 Ton $200.00 $1,000.00 $165.00 $825.00 $350.00 $1,750.00 14 Bituminous Curb 35 L.F. $25.00 $875.00 $40.00 $1,400.00 $18.00 $630.00 15 72"Sump Catch Basin 1 Each $12000.00 $12,000.00 $3,000.00 $3,000.00 $6,390.00 $6,390.00 16 24" RCP Culvert, Class IV 57 L.F. $90.00 $5,130.00 $100.00 $5,700.00 $80.00 $4,560.00 17 24" RCP Apron 2 Each $2000.00 $4,000.00 $1,100.00 $2,200.00 $1,500.00 $3,000.00 18 Connect to Existing 15"CMP 1 Each $1,500.00 $1,500.00 $500.00 $500.00 $1,200.00 $1,200.00 19 Insulation (4"thick) 32 S.F. $20.00 $640.00 $2.00 $64.00 $5.00 $160.00 20 Pipe Bedding (Binder Stone) 35 Ton $40.00 $1,400.00 $35.00 $1,225.00 $45.00 $1,575.00 21 Riprap, Class IV 35 C.Y. $120.00 $4,200.00 $80.00 $2,800.00 $105.00 $3,675.00 22 Street Sweeping 6 Hrs $150.00 $900.00 $100.00 $600.00 $40.00 $240.00 23 Sediment Control Log (Straw Bioroll) 180 L.F. $6.00 $1,080.00 $4.00 $720.00 $3.00 $540.00 24 Seed Mix25-131 0.10 Acre $10,000.00 $1,000.00 $8,000.00 $800.00 $2,500.00 $250.00 25 Erosion Control Blanket Cat 3 350 S.Y. $3.00 $1,050.00 $3.00 $1,050.00 $4.00 $1,400.00 26 Common Excavation 1 Lump Sum $5000.00 $5,000.00 $3,000.00 $3,000.00 $5,170.00 $5,170.00 27 Flotation Silt Curtain 35 L.F. $50.00 $1,750.00 $20.00 $700.00 $20.00 $700.00 28 6"(or less) PVC Sub-Surface Drain 40 L.F. $25.00 $1,000.00 $15.00 $600.00 $20.00 $800.00 29 Rip Rap, Class I (includes geotextile) 1 C.Y. $600.00 $300.00 $200.00 $100.00 $160.00 $80.00 30 Landscape Area Root Zone Miz(LV) 20 C.Y. $60.00 $1,200.00 $25.00 $500.00 $75.00 $1,500.00 31 Georgia Pine Straw Mulch 300 S.F. $6.00 $1,800.00 $3.00 $900.00 $5.00 $1,500.00 32 Traffic Control 1 Lump Sum 1 $2,500.00 $2,500.00 $800.00 $800.00 1$3,840.00 $3,840.00 Total Base Bid $73,190.00 $40,654.00 $66,568.00 I Standard Construction Contract i i This Contract ("Contract") is made on the 161" day of September, 2014, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344 and Valley-Rich Co., Inc, a Minnesota Corporation (hereinafter "Contractor") whose business address is 147 Jonathan Blvd. N. Chaska, MN, 55318. �i Preliminary Statement The City has adopted a policy regarding the selection and hiring of contractors to provide a variety of services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Contract is to set forth the terms and conditions for the provision of services by Contractor for j Duck Lake Trail Culvert Replacement at Duck Lake hereinafter referred to as the "Work". The City and Contractor agree as follows: 1. Scope of Work/Proposal. The Contractor agrees to provide, perform and complete all the provisions of the Work in accordance with the plans and specifications prepared by the Public Works Department. 2. Time of Commencement and Completion. The Work to be performed under this Contract shall be commenced immediately after execution of this Contract. The Work shall be completed by November 15, 2014. 3. Compensation for Services. City agrees to pay and the Contractor agrees to receive and accept payment in accordance with the prices bid for the unit or lump sum items as set forth in the Proposal Form. The aggregate sum of such prices, based on estimated required quantities is estimated to be $40,654.00. a. Any changes in the scope of the work which may result in an increase to the compensation due the Contractor shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. b. If Contractor is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay. 4. Method of Payment. The Contractor shall submit to the City, on a monthly basis, an itemized invoice for services performed under this Contract. Invoices submitted shall be paid in the same manner as other claims made to the City. a. Invoices. Contractor shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Contractor 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. Claims. To receive any payment on this Contract, the invoice or bill must include the following signed and dated statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." c. Final Payment. Final payment, constituting the entire unpaid balance of the Contract Sum, shall be paid by the City to the Contractor when the Work has been completed, the Contract fully performed, and the City accepts the Work in writing. The acceptance of final payment shall constitute a waiver of all claims by the Contractor except those previously made in writing and identified by the Contractor as unsettled at the time of Application for Final Payment. d. Income Tax Withholding. No final payment shall be made to the Contractor until the Contractor has provided satisfactory evidence to the City that the Contractor and each of its subcontracts has complied with the provisions of Minn. Stat. Section 290.92 relating to withholding of income taxes upon wages. A certificate by the Commissioner of Revenue shall satisfy this requirement. 5. Standard of Care. Contractor shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Contractor shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Contractor's breach of this standard of care. Contractor shall put forth reasonable efforts to complete its duties in a timely manner. Contractor shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Contract. Contractor shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 6. Project Manager. The Contractor has designated Matt Miklya to Manage the Work. They shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Contractor may not remove or replace the designated manager without the approval of the City. i 7. Condition and Inspection. All goods and other materials furnished under this Contract shall be new and in current manufacture, unless otherwise specified, and all goods and work shall be of good quality, free from faults and defects and in conformance with this Contract. All goods and work not conforming to these requirements shall be considered defective. Goods shall be subject to inspection and testing by the City. Defective goods or goods not in current manufacture may be returned to the Contractor at the Contractor's expense. 8. Correction of Work. The Contractor shall promptly correct all Work rejected by the City as defective or as failing to conform under this Contract whether observed before or after completion of the Work and whether or not fabricated, installed or completed. The Contractor shall bear all costs of correcting such rejected Work. Standard Construction Contract 2014.01 Page 2 of 11 Duck Lake Culvert Replacement at Duck Lake 9. Warranty. The Contractor expressly warrants and guarantees to the City that all Work performed and all materials furnished shall be in accord with the Contract and shall be free from defects in materials, workmanship, and operation which appear within a period of one year, or within such longer period as may be prescribed by law or in the terms of the Contract, from the date of City's written acceptance of the Work. The City's rights under the Contractor's warranty are not the City's exclusive remedy. The City shall have all other remedies available under this Contract, at law or in equity. Should any defects develop in the materials, workmanship or operation of the system within the specified period, upon notice from the City, the Contractor agrees, within ten (10) calendar days after receiving written notice and without expense to the City, to repair, replace and in general to perform all necessary corrective Work with regard to the defective or nonconforming Work or materials to the satisfaction of the City. THE FOREGOING SHALL NOT IN ANY MANNER LIMIT THE CITY'S REMEDY OR THE CONTRACTOR'S LIABILITY TO THOSE DEFECTS APPEARING WITHIN THE WARRANTY PERIOD. The Contractor agrees to perform the Work in a manner and at a time so as to minimize any damages sustained by the City and so as to not interfere with or in any way disrupt the operation of the City or the public. The corrective Work referred to above shall include without limitation, (a) the cost of removing the defective or nonconforming Work and materials from the site, (b) the cost of correcting all Work of other Contractors destroyed or damaged by defective or nonconforming Work and materials including the cost of removal of such damaged Work and materials form the site, and (c) the cost of correcting all damages to Work of other Contractors caused by the removal of the defective or nonconforming Work or materials. 1 The Contractor shall post bonds to secure the warranties. 10. Private Property. The Contractor shall not enter upon private property for any purpose without having previously obtained permission from the City. The Contractor shall be responsible for the preservation of, and shall use every precaution to prevent damage to all trees, shrubbery, plants, lawns, fences, culverts, bridges, pavements, driveways, sidewalks, etc.; all water, sewer and gas lines; all conduits; all overhead pole lines or appurtenances thereof; and all other public or private property along or adjacent to the work. 11. Removal of Construction Equipment, Tools and Supplies. At the termination of this Contract, before acceptance of the Work by the City, the Contractor shall remove all of Contractor's equipment, tools and supplies from the property of the City. Should the Contractor fail to remove such equipment, tools and supplies, the City shall have the right to remove them and deduct the cost of removal from any amount owed to Contractor. 12. Suspension of Work by City. The City may at any time suspend the Work, or any part thereof, by giving ten (10) days' notice to the Contractor in writing. The work shall be resumed by the Contractor within ten (10) days after the date fixed in the written notice from the City to the Contractor to resume. If the City's suspension of all or part of the Work causes additional expenses not due to the fault or negligence of the Contractor, the City shall reimburse the Contractor for the additional expense incurred due to suspension of the work. Claims for such i compensation, with complete substantiating records, shall be filed with the City within ten (10) days after the date of order to resume Work in order to receive consideration. This paragraph i shall not be construed as entitling the Contractor to compensation for delays due to inclement I Standard Construction Contract 2014.01 Page 3 of 11 Duck Lake Culvert Replacement at Duck Lake weather, failure to furnish additional surety or sureties specified herein, for suspension made at the request of the Contractor, or for any other delay provided for in this Contract. 13. City's Right to Carry Out the Work. If the Contractor defaults or neglects to carry out the Work in accordance with the Contract or fails to perform any provisions of the Contract, the City may, after ten (10) days written notice to the Contractor and without prejudice to any other remedy the City may have, make good such deficiencies. In such case an appropriate Change Order shall be issued deducting from the payment then or thereafter due the Contractor the cost of correcting such deficiencies. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the City. 14. City's Right to Terminate Contract and Complete the Work. The City has the right to terminate this Contract for any of the following reasons: a. The Contractor is adjudged bankrupt, makes a general assignment for the benefit of creditors, or becomes insolvent; b. Failure of Contractor to supply adequate properly skilled workmen or proper materials; c. Failure of Contractor to make prompt payment to subcontractor for material or labor; d. Any disregard of laws, ordinances or proper instructions of the City; e. Assignment or work without permission of the City; f. Abandonment of the work by Contractor; g. Failure to meet the work progress schedule set forth in this Contract; h. Unnecessary delay which, in the judgment of the City, will result in the work not being completed in the prescribed time. Termination of the Contract shall be preceded by ten (10) days written notice by the City to the Contractor and its surety stating the grounds for termination and the measures, if any, which must be taken to assure compliance with the Contract. The Contract shall be terminated at the expiration of such ten (10) day period unless the City Council shall withdraw its notice of termination. Upon termination of the Contract by the City, the City may, without prejudice to any other remedy the City may have, take possession of the site and of all materials, equipment, tools, construction equipment and machinery thereon owned by the Contractor and may finish the Work by whatever methods the City may deem expedient at the Contractor's expense. Upon Contract termination, the Contractor shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the contract price exceeds the expense of finishing the Work, including compensation for additional managerial and administrative services, the excess shall be paid to the Contractor. If such expense exceeds the unpaid balance, the Contractor shall pay the difference to the City. In the event that the Contractor abandons the Work, fails or refuses to complete the Work or fails to pay just claims for labor or material, the City reserves the right to charge against the Contractor all legal, engineering, or other costs resulting from such abandonment, failure or refusal. Legal costs will include the City's cost of prosecuting or defending any suit in connection with such abandonment, failure or refusal, and non-payment of claims wherein the City is made co-defendant, and the Contractor agrees to pay all costs, including reasonable attorney's fees. Standard Construction Contract 2014.01 Page 4 of 11 Duck Lake Culvert Replacement at Duck Lake i 15. Contractor's Right to Terminate Contract. The Contractor may terminate this Contract upon ten (10) days written notice to the City for any of the following reasons: a. If an order of any court or other public authority caused the Work to be stopped or suspended for a period of 90 days through no act or fault of the Contractor or its employees. b. If the City should fail to pay any undisputed sum owed Contractor within forty-five (45) i days after the sum becomes due. 16. Performance and Payment Bonds. The Contractor shall post a Performance and Payment Bond each in an amount equal to one hundred percent (100%) of the payments due Contractor to insure the prompt and faithful performance of this Contract by Contractor and to insure prompt payment to the subcontractor and suppliers of the Contractor. The Bonds shall be in a form approved by the City. Contractor shall provide the Bond to the City before commencing work and together with the executed contract document. If the Performance and/or Payment Bond are not submitted as provided herein, this Contract shall be considered void. 17. Subcontractor. The Contractor shall bind ever subcontractor and ever subcontractor shall Y Y j agree to be bound by the terms of this Contract as far as applicable to its work, unless specifically noted to the contrary in a subcontract approved in writing as adequate by the City. The Contractor shall pay any subcontractor involved in the performance of this Contract within the ten (10) days of the Contractor's receipt of payment by the City for undisputed services provided by the subcontractor. If the Contractor fails within that time to pay the subcontractor any undisputed amount for which the Contractor has received payment by the City, the Contractor shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Contractor shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Contractor shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. i 18. Independent Contractor. Contractor is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall 1 deem necessary and appropriate for the performance of its obligations pursuant to this Contract, who shall be employees, and under the direction, of Contractor and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Contractor an employee of the City. 19. Notice. Required notices to the Contractor shall be in writing, and shall be either hand- delivered to the Contractor, its employees or agents, or mailed to the Contractor by certified mail at the following address: VA 9-Lk CO,, Al-) 3Q11A-rJNAnl MUD Standard Construction Contract 2014.01 Page 5 of 11 Duck Lake Culvert Replacement at Duck Lake Notices to the City shall be in writing and shall be either hand-delivered or mailed to the City by certified mail at the following address: City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Notices shall be deemed effective on the date of receipt. Any party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 20. Insurance. a. General Liability. Prior to starting the Work, Contractor shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Contractor or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. b. Contractor shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker's Compensation Statutory Limits Employer's Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General 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 a (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 Standard Construction Contract 2014.01 Page 6 of 11 Duck Lake Culvert Replacement at Duck Lake Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. d. Contractor shall maintain "stop gap" coverage if Contractor obtains Workers' Compensation coverage from any state fund if Employer's liability coverage is not available. e. All policies, except the Worker's Compensation Policy, shall name the "City of Eden Prairie" as an additional insured 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. f. All policies shall apply on a "per project" basis. g. All polices shall contain a waiver of subrogation in favor of the City. h. All policies shall be primary and non-contributory. i. All polices, except the Worker's Compensation Policy, shall insure the defense and indemnity obligations assumed by Contractor under this Contract. j. Contractor agrees to maintain all coverage required herein throughout the term of the Contract and for a minimum of two (2) years following City's written acceptance of the Work. k. It shall be Contractor's responsibility to pay any retention or deductible for the coveraeges required herein. I. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days' prior notice to the City, except that if the cancellation or non- renewal is due to non-payment, the coverages may not be terminated or non- renewed without ten (10) days' prior notice to the City. m. Contractor shall maintain in effect all insurance coverages required under this Paragraph at Contractor's sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. n. A copy of the Contractor's Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Contractor's Work. Upon request a copy of the Contractor's insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Contractor has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Contractor of any deficiencies in such documents and receipt thereof shall not relieve Contractor from, nor be deemed a waiver of, City's right to enforce the terms of Contractor's obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. Standard Construction Contract 2014.01 Page 7 of 11 Duck Lake Culvert Replacement at Duck Lake i I o. Effect of Contractor's Failure to Provide Insurance. If Contractor fails to provide j the specified insurance, then Contractor will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Contractor, its subcontractors, agents, employees or delegates. Contractor agrees that this indemnity shall be construed and applied in favor of indemnification. Contractor also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Contractor to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Contractor's insurance company. Contractor will take the action required by the City within fifteen (15) days of receiving notice from the City. 21. Indemnification, Contractor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney's fees paid, incurred or for which it may be liable resulting from any breach of this Contract by Contractor, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Contractor, its agents, contractors and employees, relative to this Contract. City will indemnify and hold Contractor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 22. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Contract ("Information") shall become the property of the City, but Contractor may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Contractor also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Contract does not relieve any liability on the part of the Contractor, but any use of the Information by the City or the Contractor beyond the scope of this Contract is 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. 23. Non-Discrimination. During the performance of this Contract, the Contractor shall not discriminate against any employee or applicant for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, Standard Construction Contract 2014.01 Page 8 of 11 Duck Lake Culvert Replacement at Duck Lake i i disability, sexual orientation or age. The Contractor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non- discrimination clause and stating that all qualified applicants will receive consideration for employment. The Contractor shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Contractor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota j Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 24. Mediation. Each 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. 25. Audit Disclosure and Data Practices. Any reports, information, data, etc. given to, or prepared or assembled by the Contractor under this Contract which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. The books, records, documents and accounting procedures and practices of the Contractor or other parties relevant to this Contract are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Contract. This Contract is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Contractor in performing any of the functions of the City during performance of this Contract is subject to the requirements of the Data Practice Act and Contractor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Contractor in relation to this Contract shall contain similar Data Practices Act compliance language. i 26. Rights and Remedies. The duties and obligations imposed by this Contract and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 27. Assignment. Neither party shall assign this Contract, nor any interest arising herein, without the written consent of the other party. 28. Damages. In the event of a breach of the Contract by City, the Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. Standard Construction Contract 2014.01 Page 9 of 11 Duck Lake Culvert Replacement at Duck Lake 29. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Contract or thereafter of any of the rights or remedies of the City under this Contract. 30. Severability. The provisions of this Contract are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Contract. 31. Entire Agreement. The entire agreement of the parties is contained herein. This Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 32. Waiver. No action nor failure to act by the City or the Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. 33. Governing Law. This Contract shall be controlled by the laws of the State of Minnesota. 34. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Contract. The violation of this provision renders the Contract void. 35. Counterparts. This Contract may be executed in multiple counterparts, each of which shall be considered an original. 36. Compliance with Laws and Regulations. In providing services hereunder, the Contractor shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of Work to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the Work to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. I I i Standard Construction Contract 2014.01 Page 10 of 11 Duck Lake Culvert Replacement at Duck Lake Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager CONTRACTOR Its: F_ . I Standard Construction Contract 2014.01 Page 11. of 11 Duck Lake Culvert Replacement at Duck Lake CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda September 16, 2014 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development/ Local Government Resolution in support of Economic Development Janet DriSteem Corporation applying to the Job Jeremiah/David Lindahl Creation Fund Program Requested Action Move to: Adopt the Resolution to support DriSteem Corporation in applying for the Minnesota Department of Employment and Economic Development's Job Creation Fund. Synopsis DriSteem Corporation, a commercial humidification design and manufacturing corporation located at 14949 Technology Drive, is looking for Eden Prairie's support to apply for the Minnesota Department of Employment and Economic Development's Job Creation Fund. DriSteem currently has around 125 employees, and is looking to both expand its current facility and add approximately 30 new positions. driSteem will still need to go through the necessary planning process when the expansion proposal moves forward. Background Information The Job Creation Fund through the Minnesota Department of Employment and Economic Development provides financial incentives to new and expanding businesses that meet certain job creation and capital investment targets. Companies deemed eligible to participate may receive up to $1 million for creating or retaining high-paying jobs and for constructing or renovating facilities or making other property improvements. To begin the application for the Job Creation Fund,businesses must gain municipal approval. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2014- A RESOLUTION APPROVING THE SUPPORT OF A JOB CREATION FUND APPLICATION IN CONNECTION WITH DRISTEEM CORPORATION WHEREAS, the City of Eden Prairie, Minnesota (the "City"), desires to assist driSteem Corporation, a humidification design and manufacturing corporation, which is proposing to apply for the Minnesota Department of Employment and Economic Development's Job Creation Fund; and WHEREAS, the City of Eden Prairie understands that driSteem Corporation, through and with the support of the City, intends to submit to the Minnesota Department of Employment and Economic Development an application for an award and/or rebate from the Job Creation Fund Program; and WHEREAS, the City of Eden Prairie held a City Council meeting on September 16, 2014, to consider this matter. NOW, THEREFORE, BE IT RESOLVED that, after due consideration, the Mayor and City Manager of the City of Eden Prairie, Minnesota, hereby express their approval of the application proposed by driSteem Corporation and its application for an award and/or rebate from the Job Creation Fund Program. ADOPTED by the City Council of the City of Eden Prairie this 16'h day of September, 2014. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: September 16, 2014 SECTION: Public Hearings DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.A. Community Lions Tap Restaurant Development/Planning Janet Jeremiah/Julie Klima Requested Action Move to: • Close the Public Hearing; and • Adopt the Resolution for Guide Plan Change from Rural Residential to Neighborhood Commercial on 0.94 acres and Amending the Sewer Plan to Extend Municipal Services to Serve an Existing Business Located Outside of the MUSA Boundary; and • Adopt the Resolution Rescinding Resolution Nos. 2013-97 (Approving Guide Plan Amendment and MUSA Expansion) and Resolution No. 2013-98 (Approving PUD Concept Plan) Background Information This project has two requests: 1. Reguide 0.94 acres from Rural Residential to Neighborhood Commercial. This area is to include anticipated additional property resulting from the realignment of Spring Road and for potential expansion and reconfiguration of the parking lot for Lions Tap. 2. Amend the Comprehensive Sewer Plan to extend municipal services to the Lion's Tap site. The proposed amendment to the sewer plan is in response to an environmental issue with an existing business located in an area of the City intended to remain outside of the MUSA boundary. The sewer plan amendment would allow the City to extend local infrastructure to a single property/business. This is the first step of a multi-step process. The current request addresses the process and ability to extend services to the Lion's Tap parcel. Specific details related to design, capacity, and costs will require subsequent review and agreements. The applicant previously requested and received approval from the City for a Comprehensive Guide Plan Change from Rural Residential to Neighborhood Commercial and a Comprehensive Plan Amendment to extend the MUSA boundary to include the entire 11.5 acres owned by Bert and Bonnie Notermann. City approval was contingent upon Metropolitan Council approval. Upon review of the application, the Metropolitan Council recommended an alternative course of action. The specific recommendation was to amend the sewer plan to provide for the extension of a sewer line to only serve the Lion's Tap site rather than extend the MUSA boundary to include the entire Notermann property. As a result, the proponent has withdrawn the previous request and has submitted the current request. Background The 120-Day Review Period Expires on October 22, 2014. Planning Commission Recommendation The Planning Commission voted 5-0 to recommend approval of the project at the August 25, 2014, meeting. Attachments 1. Resolution-Guide Plan Change and Extension of Services 2. Resolution—Rescinding Resolution Nos. 2013-97 and 2013-98 3. Staff Report 4. Location Map 5. Land Use Map-Current 6. Land Use Map-Proposed 7. Zoning Map 8. Aerial photo 9. Unapproved Planning Commission Minutes 10. Edstrom Letter dated August 19, 2014 LION'S TAP RESTAUARNT CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2014- A RESOLUTION AMENDING THE COMPREHENSIVE MUNICIPAL PLAN FROM RURAL RESIDENTIAL TO NEIGHBORHOOD COMMERCIAL ON 0.94 ACRES AND AMENDING THE SEWER PLAN TO EXTEND MUNICIPAL SERVICES TO SERVE AN EXISTING BUSINESS LOCATED OUTSIDE OF THE MUSA BOUNDARY WHEREAS, the City of Eden Prairie has prepared and adopted the Comprehensive Municipal Plan ("Plan"); and WHEREAS, the Plan has been submitted to the Metropolitan Council for review and comment; and WHEREAS, the proposal of John Shardlow on behalf of Bert & Bonnie Notermann is for a Comprehensive Guide Plan Change from Rural Residential to Neighborhood Commercial on 0.94 acres, as legally described on Exhibit A and depicted on Exhibit B, and for the amendment to the sewer plan to extend municipal services to serve an existing business located outside of the MUSA boundary as depicted on Exhibit B. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Eden Prairie, Minnesota, hereby adopts the amendment of the Plan based on plans stamp dated June 24, 2014 and the staff report dated August 22, 2014 and subject to Metropolitan Council approval. ADOPTED by the City Council of the City of Eden Prairie this 16th day of September, 2014. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen A. Porta, City Clerk EXHIBIT A Area to be guided Neighborhood Commercial: Lot 1,Block 1, SPRING HEIGHTS, according to the recorded plat thereof,Hennepin County,Minnesota. TOGETHER WITH that part of Lot 2,Block 1, SPRING HEIGHTS, according to the recorded plat thereof, Hennepin County,Minnesota, described as follows: Beginning at the most northerly corner of Lot 1,Block 1, said plat of SPRING HEIGHTS,thereof;thence South 49 degrees 00 minutes 17 seconds East, assumed bearing along the northeast line of said Lot 1, a distance of 98.15 feet to the easterly line of said Lot 2; thence North 39 degrees 56 minutes 37 seconds East along said easterly line of Lot 2, a distance of 139.79 feet;thence North 89 degrees 40 minutes 58 seconds West,75.27 feet;thence South 63 degrees 59 minutes 43 seconds West,98.54 feet to the point of beginning. TOGETHER WITH that part of Lot 2,Block 1, SPRING HEIGHTS, according to the recorded plat thereof, Hennepin County,Minnesota, described as follows: Commencing at the most northerly corner of Lot 1, Block 1,Hennepin County,Minnesota;thence South 63 degrees 59 minutes 43 seconds West, assumed bearing along the northwesterly line of said Lot 1,Block 1, a distance of 175.62 feet to the point of beginning;thence continuing South 63 degrees 59 minutes 43 seconds along said northwesterly line,21.38 feet;thence North 87 degrees 59 minutes 43 seconds West, along the northerly line of said Lot 1, a distance of 140.00 feet;thence South 30 degrees 59 minutes 43 seconds West, along the northerly line of said Lot 1, a distance of 65.16 feet;thence North 89 degrees 00 minutes 39 seconds West, along the northerly line of said Lot 1,Block 1, a distance of 26.76 feet;thence North 09 degrees 01 minutes 10 seconds East, 103.21 feet;thence South 80 degrees 58 minutes 50 seconds East,205.81 feet to the point of beginning. TOGETHER WITH that part of the Southeast Quarter of Section 29,Township 116,Range 22, and that part of the Northeast Quarter of Section 32,Township 116,Range 22, all of said Hennepin County, Minnesota,described as follows: Beginning at the southeast corner of Lot 1,Block 1, according to the recorded plat thereof,Hennepin County,Minnesota;thence North 39 degrees 56 minutes 37 seconds East, assumed bearing along the easterly line of said Lot 1 and Lot 2,of said plat, a distance of 394.32 feet; thence northeasterly along said easterly line of said Lot 2, a distance of 72.09 feet along a tangential curve concave the northwest having a radius of 318.12 feet and central angle of 12 degrees 59 minutes 03 seconds to a point of cusp;thence southerly 341.22 feet along a tangential curve concave to the southeast having a radius of 2065.00 feet,central angle of 9 degrees 28 minutes 03 seconds and a chord bearing of South 22 degrees 13 minutes 33 seconds West;thence South 17 degrees 29 minutes 31 seconds West,tangent to last described curve,43.97 feet;thence South 59 degrees 22 minutes 16 seconds West,40.22 feet;thence North 82 degrees 14 minutes 40 seconds West, 116.99 feet to the point of beginning. Area to be guided Rural Residential: Lot 2,Block 1, SPRING HEIGHTS, according the recorded plat thereof,Hennepin County,Minnesota, EXCEPT that part of Lot 2,Block 1, SPRING HEIGHTS, according to the recorded plat thereof,Hennepin County,Minnesota,described as follows: Beginning at the most northerly corner of Lot 1,Block 1, said plat of SPRING HEIGHTS,thereof;thence South 49 degrees 00 minutes 17 seconds East, assumed bearing along the northeast line of said Lot 1, a distance of 98.15 feet to the easterly line of said Lot 2;thence North 39 degrees 56 minutes 37 seconds East along said easterly line of Lot 2, a distance of 139.79 feet;thence North 89 degrees 40 minutes 58 seconds West,75.27 feet;thence South 63 degrees 59 minutes 43 seconds West,98.54 feet to the point of beginning. ALSO EXCEPTING that part of Lot 2,Block 1, SPRING HEIGHTS, according to the recorded plat thereof,Hennepin County,Minnesota,described as follows: Commencing at the most northerly corner of Lot 1,Block 1,Hennepin County,Minnesota;thence South 63 degrees 59 minutes 43 seconds West, assumed bearing along the northwesterly line of said Lot 1,Block 1, a distance of 175.62 feet to the point of beginning;thence continuing South 63 degrees 59 minutes 43 seconds along said northwesterly line, 21.38 feet;thence North 87 degrees 59 minutes 43 seconds West, along the northerly line of said Lot 1, a distance of 140.00 feet;thence South 30 degrees 59 minutes 43 seconds West, along the northerly line of said Lot 1, a distance of 65.16 feet;thence North 89 degrees 00 minutes 39 seconds West, along the northerly line of said Lot 1,Block 1, a distance of 26.76 feet;thence North 09 degrees 01 minutes 10 seconds East, 103.21 feet;thence South 80 degrees 58 minutes 50 seconds East,205.81 feet to the point of beginning. EXHIBIT B Narrative prepared by Stantec dated June 17,2014 and stamp dated June 24,2014. Existing Conditions,Exhibit 1,prepared by Stantec dated June 16,2014. Existing Conditions,Exhibit 2,prepared by Stantec dated June 16,2014. Spring Lake Road Realignment&Proposed Right of Way Changes,Exhibit 3,prepared by Stantec dated June 16,2014. Amended Land Use,Exhibit 4,prepared by Stantec dated June 16,2014. Amended Land Use,Lion's Tap Property,Exhibit 5,prepared by Stantec dated June 16,2014. Concept Plan,Exhibit 6,prepared by Stantec dated June 16,2014. Sewer Plan Amendment,Exhibit 7,prepared by Stantec dated June 24,2014. LION'S TAP RESTAURANT CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2014- A RESOLUTION RESCINDING RESOLUTIONS 2013-97 AND 2013-98 WHICH APPROVED AN AMENDMENT TO THE COMPREHENSIVE MUNICAPL PLAN REGUIDING PROPERTY FROM RURAL RESIDENTIAL TO NEIGHBROHOOD COMMERCIAL AND EXPANDING THE MUSA BOUNDARY AND THE PLANNED UNIT CONCEPT OF THE NOTERMANN PROPERTY BE IT RESOLVED, by the Eden Prairie City Council as follows: WHEREAS, an amendment to the Comprehensive Municipal Plan to reguide property from Rural Residential to Neighborhood Commercial and to expand the MUSA boundary was approved by City Council Resolution No. 2013-97 on November 19, 2013; and WHEREAS, the Planned Unit Development Concept of The Notermann Property for a parking lot expansion was approved by City Council Resolution No. 2013-98 on November 19, 2013; and WHEREAS, the Property owner has withdrawn the application for Comprehensive Plan Amendment of the Notermann property; and WHEREAS, the Property owner has submitted a revised request for Comprehensive Plan Amendment for the property; and WHEREAS, the Planning Commission conducted a public hearing on the revised Comprehensive Plan Amendment request on August 25, 2014, and has recommended approval of the revised Comprehensive Plan Amendment; and WHEREAS, in addition to the Comprehensive Plan Amendments, City staff recommended to the Planning Commission the rescission of the PUD Concept Approval granted with Resolution No. 2013-98; and WHEREAS, the Planning Commission took no action on the rescission of Resolution No. 2013- 98; and WHEREAS, the City Council did consider the request on September 16, 2014. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council: Resolution Nos. 2013-97 and 2013-98, approved by the City Council on November 19, 2013 are hereby rescinded. ADOPTED by the Eden Prairie City Council on the 16th day of September, 2014. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen A. Porta, City Clerk STAFF REPORT TO: Planning Commission FROM: Julie Klima, City Planner DATE: August 22, 2014 SUBJECT: Lion's Tap Property APPLICANT: John W. Shardlow, FAICP OWNERS: Bert & Bonnie Notermann LOCATION: 16180 Flying Cloud Drive 120 DAY REVIEW: October 22, 2014 REQUEST: • Comprehensive Guide Plan Change from Rural Residential to Neighborhood Commercial on 0.94 acres • Comprehensive Sewer Plan Amendment to extend municipal services to the Lion's Tap site BACKGROUND The proposal consists of two properties totaling approximately 11.5 acres in size. One parcel (9.5 acres) is currently guided Rural Residential and is vacant. The other parcel is approximately 2 acres in size and is guided Neighborhood Commercial. The Lions Tap restaurant is located on the parcel guided for Neighborhood Commercial. Hennepin County is planning a roadway project that will realign CSAH 4 (Spring Road) and upgrade CSAH 61 (Flying Cloud Drive). As a part of the proposed realignment, it is likely that there will be additional property available to include into the existing Lions Tap property. The applicant previously requested approval of a Comprehensive Guide Plan Change from Rural Residential to Neighborhood Commercial and a Comprehensive Plan Amendment to extend the MUSA boundary to include the entire 11.5 acres. The City Council approved those requests, however, upon submission to the Metropolitan Council, the Metro Council recommended an alternative course of action. The specific recommendation was to amend the sewer plan to provide for the extension of a sewer line to only serve the Lion's Tap site rather than extend the MUSA boundary to include the entire Notermann property. Thus, the proponent has withdrawn the previous request and submitted the current request. DEVELOPMENT REQUEST 1. Comprehensive Guide Plan change from Rural Residential to Neighborhood Commercial on 0.94 acres. Staff Report—Lion's Tap Property August 22, 2014 Page 2 The applicant is seeking to expand the existing Neighborhood Commercial designation to include the potential additional property along the roadway project, as well as, some additional areas on the north and west boundaries of the existing Neighborhood Commercial to reconfigure the existing parking lot and add parking. 2. Amend the Comprehensive Plan to allow the extension of municipal services to the Neighborhood Commercial (Lion's Tap) property (not extension of the MUSA boundary). The proposed amendment to the sewer plan is to address an environmental issue with an existing business located in an area of the City intended to remain outside of the MUSA boundary. The sewer plan amendment would allow the City to provide local infrastructure for a single property/business. This is the first step of a multi-step process. The current request addresses the process and ability to extend services to the Lion's Tap parcel. Specific details related to design, capacity and costs will require subsequent review and agreements. STAFF RECOMMENDATION Recommend approval of the following request: • Comprehensive Guide Plan Change from Rural Residential to Neighborhood Commercial on 0.94 acres • Comprehensive Plan Amendment to amend the sewer plan to extend municipal services to the Neighborhood Commercial parcel. • Rescind the previous approvals of Resolution No. 2013-97 and Resolution No. 2013-98. This is based on plans stamp dated June 24, 2014 and the Staff Report dated August 22, 2014. Area Location Map - Lion's Tap Restaurant (2014-12) Address: 16180 Flying Cloud Drive and NW Quadrant of Spring Road and FIvinq Cloud Drive Eden Prairie MN 55347 / TICKSEED LN °C SW TCHGRASS LN Eden Prairie Road] J Ui Spring Road , SITE Flying Cloud Drive N 0 220 440 880 Feet Guide Plan Map - Lion's Tap 16180 Flying Cloud Drive and NW Quadrant of Spring Road and Flying Cloud Drive, Eden Prairie, MN ERLY DqL— UGE Eden Prairie Road TICKSEED LN SW TCHGRASS LN-` I 0 w Spring Road SITE Flying Cloud Drive Creekwood Park MA E en Prairie Land Use Guide Plan Map 2000-2029 Rural Residential 0.10 Units/Acre Neighborhood Commercial N Low Density Residential 0-2.5 Units/Acre Community Commercial Streams ®Low Density/Public/Open Space - Regional Commercial —Principal Arterial Medium Density residential 2.5-10 Units/Acre ®Town Center A Minor Arterial —B Minor Arterial DATE Approved 03-19-03 DATE Revised 12-06-06 OMedium Density Residential/Office Park/Open Space DATE Revised 01-07-05 DATE Revised 03-01-07 —Major Collector DATE Revised 11-07-05 DATE Revised 06-01-07 High Density Residential 10 40 Units/Acre Public/Quasi-Public —Minor Collector DATE Revised 02-23-06 DATE Revised 10-01-07 DATE Revised 03-23-06 DATE Revised 03-01-08 Airport Golf Course DATE Revised 06-23-06 DATE Revised 03-01-09 Office -Church/Cemetary F ®Office/Industrial Open Water ®Office/Public/Open Space Right-Of-Way 580 290 � ��•.._am..a..._ .p�..,•.,.,_• w•°"n580 Feet - Industrial Proposed Guide Plan { PARKS/OPEN SPACE LOW DENSITY RESIDENTIAL PARKS/OPEN SPACE LOW DENSITY I m-� RESIDENTIAL I b # 1 I' I ;r �'� RURAL RESIDENTIAL RURAL RESIDENTIAL 2 6 I f LOW DENSITY RESIDENTIAL NEIGHBORHOOD �•� �* - i — COMMERCIAL - — - -�.,._,,y, PROPOSED — FLa'111IG , - CLO_Up_p ...a,.—�� �� NEIGHBORHOO t_ COMMERCIA _a PARKS/OPEN SPACE NOTERMANN PROPERTY- EDEN PRAIRIE,MINNESOTA Exhibit 4 - Amended Land Use ® Stantec Comprehensive Plan Amendment Submittal June 16, 2014 Proposed Guide Plan PARKSIOPEN SPACE LOW DENSITY i RESIDENTIAL PARKS/OPEN SPACE LOW DENSITY RESIDENTIAL RURAL RESIDENTIAL U'r RURAL RESIDENTIAL p 2�r yr r LOW DENSITY r� RESIDENTIAL . / NEIGHBORHOOD F COMMERCIAL PROPOSED FLYING- HCIGH80RHflOkS �iJL1DRIVE� �~ � COMMERCIAL, - PARK51QP0- _ -- •3i. ---�_ NOTERMANN PROPERTY-EOEN PRAIRIE,MINNESOTA ExFbit 4- Amended Land Use rJt21IfltEG Comprehensive Plan Amendment Submittal June 16,2014 Zoning Map - Lion's Tap Restuarant 16180 Flying Cloud Drive and NW Quadrant of Spring Road and Flyng Cloud Drive, Eden Prairie, MN TICKSEED LN °C SW TCHGRASS LN Q Eden Prairie Road Spring Road SITE Flying Cloud Drive City of Eden Prairie Zoning Map Rural Regional Commercial Shoreland Management Classifications N R1-44 One Family-44,000 sf.min. -TC-C FNEI Natural Environment Waters R1-22 One Family-22,000 sf min. -TC-R FIRD Recreational Development Waters R1-13.5 One Family-13,500 sf min. -TC-MU FG--D1 General Development Waters(Creeks Only) R1-9.5 One Family-9,500 sf min. Industrial Park-2 Acre Min, ® 100- Year Floodplain RM-6.5 Multi-Family-6.7 U.P.A.max. Industrial Park- 5 Acre Min. -RM-2.5 Multi-Family-17.4 U.P.A.max.-General Industrial-5 Acre Min. Up dated through approved Ordinances#26-2008 0 Office 0 Public Ordinance#33-2001(BFI Addition)approved,but not shown on this map edition Neighborhood Commercial Golf Course Date:March 1,2009 CommunityCommercial Water rasa oraiso,aPa�ov,aia�aam azo�mg massmoa�m�o�mis zo�mg map,ma omma�oa �. a,m anaanaa iaeai aasadpno�o�nia ar eaa�P,ama ciN cama,wm p,a�au. -Highway Commercial Right of Way -Regional Service Commercial 0 0.075 0.15 Milest �..... ..a...._,.A. ..,_,., w.a..,.,m.,m ._,,ma. Aerial Map Lion's Tap 16180 Flying Cloud Drive and NW Quadrant of Spring Road and Flying Cloud Drive, Eden Prairie, MN 55346 o , K r1] Eden Prairie Road TICKSEED LN °C J SW TCHGRASS LN i 0 y�, W - t, Spring Road {, ,-..-,may �•, � Ei^ _ .. ` - •,�.r, *_. ' Flying Cloud Drive '�a.11 ty'af' 1'�L V7 1 I IAk UNAPPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY,AUGUST 25, 2014 7:00 P.M., CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: John Kirk, Jon Stoltz, Travis Wuttke, Steven Frank, Ann Higgins, Mary Egan, Charles Weber, Andrew Pieper STAFF MEMBERS: Julie Klima, City Planner Rod Rue, City Engineer Regina Rojas, Senior Planner Julie Krull, Recording Secretary I. PLEDGE OF ALLEGIANCE—ROLL CALL Acting Chair Kirk called the meeting to order at 7:00 p.m. Stoltz, Frank and Wuttke were absent. II. APPROVAL OF AGENDA MOTION by Higgins, seconded by Egan, to approve the agenda. Motion carried 5-0. III. MINUTES A. PLANNING COMMISSION MEETING HELD ON JULY 28, 2014 MOTION by Pieper, seconded by Weber, to approve the minutes. Motion carried 3-0. Egan and Higgins abstained. IV. INFORMATIONAL MEETINGS V. PUBLIC MEETINGS VI. PUBLIC HEARINGS A. LION'S TAP RESTAURANT by John Shardlow, FAICP Location: 16180 Flying Cloud Drive, Eden Prairie, MN Request: August 11, 2014 Page 2 • Comprehensive Guide Plan Change from Rural Residential to Neighborhood Commercial on 0.94 acres. • Comprehensive Sewer Plan Amendment to extend municipal services to serve the Lion's Tap Restaurant. John Shardlow,planning consultant with Stantec Consulting,presented the plan. With him tonight is Bert Noterman, owners of the Lion's Tap. This is exactly the same application that came before the commission and received approval previously. The only difference between this application and the previous one is this one does not include expansion of the MUSA line. City council approved the previous request unanimously at its November 19, 2013 meeting. If the commission wishes to see the presentation again, Shardlow would be happy to do that. Kirk asked Klima to give the commission the staff's perspective on the project. Klima stated consistent with the information Mr. Shardlow just shared, the previous application was indeed presented and approved by the Commission and City Council last fall, contingent on the final approval of the Metropolitan Council. Once the application was submitted to the Metropolitan Council, they suggested another alternative which is the plan that is before you this evening. The applicant has withdrawn the previous request and we are now dealing with this request. Staff is recommending approval subject to the conditions outlined in the staff report. Kirk asked for public comment. No one commented. MOTION by Weber, seconded by Egan, to close the public hearing. Motion carried 5-0. MOTION by Higgins, seconded by Weber, to recommend approval of the Comprehensive Guide Plan Change from Rural Residential to Neighborhood Commercial on 0.94 acres; Comprehensive Sewer Plan Amendment to extend municipal services to serve the Lion's Tap Restaurant. Motion carried 5-0. VII. PLANNERS' REPORT A. Klima stated the September 8, 2014 meeting has been cancelled. VIII. MEMBERS' REPORT IX. CONTINUING BUSINESS X. NEW BUSINESS August 11, 2014 Page 3 XI. ADJOURNMENT MOTION by Higgins seconded by Weber, to adjourn the meeting. Motion carried 5-0. There being no further business, the meeting was adjourned at 7:40 p.m. DEAN&KARENEDSTROM 10133 EDENPRAIPJE ROAD EDENPRAIRIE,MN 55347 TEL: (952)934-4700 E-mAm: kcedstrom@gmail.com August 19, 2014 Mayor and Members of the City Council Chair and Members of the Planning Commission City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344-4485 Re: Lion's Tap/Notermann Property Dear Mme Mayor and Members of the City Council and Chair and Members of the Planning Commission: k We have received notice of the request for a change and amendment to Eden Prairie's Comprehensive Guide Plan with reference to Lion's Tap which is on the agenda of the Planning Commission for consideration on Monday, August 25, 2014. We understand that in connection 3 with this request the Planning Commission and City Council will also consider rescinding action previously taken with respect to Lion's Tap and the Notermann property generally. Our home is located at 10133 Eden Prairie Road. Our property borders the Notermann property on the west side and for approximately 200 feet on the westerly portion of the north side of the Notermann property. We expect to be out of town on the date of the Planning Commission meeting and will not be able to attend the meeting. We have previously expressed our concerns with respect to the request for a Guide Plan Change, expansion of the MUSA line and Planned Unit Development on the Notermann property 3 and certain changes with respect to the Lion's Tap site. Our views were stated both in correspondence to and in testimony before the Planning Commission and City Council. To the extent that our prior statements remain relevant to the present request, we would appreciate it if you would again consider the concerns we stated in that correspondence and testimony. The purpose of this letter is to state in a very summary fashion our position on the new request. First, we support the extension of sewer and water service to Lion's Tap as contemplated by the new proposal, including the related amendment to the City's sewer plan within the scope of the Metropolitan Council's exception for the failing private wastewater treatment system at Lion's Tap. Second, we support the conveyance of surplus right-of-way to the Lion's Tap site for access and additional parking upon the relocation of County Road 4. it t Mayor and City Council Planning Commission City of Eden Prairie August 19, 2014 Page 2 Third, for reasons that we have previously stated in our correspondence and testimony, we oppose the transfer of any additional bluff land to the Lion's Tap site for additional parking. Fourth, we support the rescission of all action taken by the City Council last year with respect to the Guide Plan Change, expansion of the MUSA line, Planned Unit Development and related matters with respect to the bluff slopes portion of the Notermann property. Thank you for your consideration of our views. a Very truly yours, Dean and Karen Edstrom c s CITY COUNCIL AGENDA DATE: September 16, 2014 SECTION: Public Hearings DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.B. Community Development/Planning MACP Janet Jeremiah/Julie Klima Requested Action Move to: • Close the Public Hearing; and • Adopt the Resolution for Planned Unit Development Concept Review on 5.04 acres; and • Approve 1 st Reading of the Ordinance for Planned Unit Development District Review with waivers and Zoning District Amendment within the Office Zoning District on 5.04 acres; • Adopt Resolution for Preliminary Plat of 5.04 acres into one lot; and • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. Synopsis The project proposes the construction of an approximate 65,000 square foot office expansion. The existing structure is approximately 27,000 square feet. The project includes several sustainable features including green roof, photovoltaic systems, geothermal system, water capture for irrigation, solar lighting, low mow landscaping, and permeable pavers. MACP is seeking LEED Platinum certification with this building. Waivers to the maximum building height and parking requirements are requested. The maximum height waiver is requested in order to allow the construction of an elevator and stair penthouse allowing access to the green roof and photovoltaic system that is proposed to be located on the roof. The penthouse is proposed at a maximum height of 43 feet 5 inches, exceeding the height requirement by 13 feet 5 inches. The parking requirement waiver seeks a reduction in the number of parking stalls to be provided on site. City Code would require 426 on-site parking stalls. The proponent is proposing to provide 170 on-site parking stalls. The proposed parking meets the needs of the proponent's projected employee and visitor levels. Granting of the waivers supports the development of the site in a manner that promotes and demonstrates a commitment to green and sustainable practices. The 120-Day Review Period Expires on October 30, 2014. Planning Commission Recommendation The Planning Commission voted 5-0 to recommend approval of the project at the August 25, 2014 meeting. Attachments 1. Ordinance 2. Resolution for PUD Concept Review 3. Resolution for Preliminary Plat 4. Staff Report 5. Location Map 6. Land Use Map 7. Zoning Map 8. Aerial photo 9. Planning Commission Minutes