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City Council - 11/18/2014
AGENDA CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY,NOVEMBER 18, 2014 CITY CENTER 5:00—6:25 PM, HERITAGE ROOMS 6:30—7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Nancy Tyra-Lukens, Council Members Brad Aho, Sherry Butcher Wickstrom, Kathy Nelson, and Ron Case CITY STAFF: City Manager Rick Getschow, Police Chief Rob Reynolds, Fire Chief George Esbensen, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, Communications Manager Joyce Lorenz, City Attorney Ric Rosow, and Recorder Lorene McWaters Workshop-Heritage Room II—5:30 p.m. I. ENTRY MONUMENT SIGNS Council Chambers—6:30 p.m. II. OPEN PODIUM A. Pat Swenson—Neighbor Issue III. ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,NOVEMBER 18, 2014 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Council Members Brad Aho, Sherry Butcher Wickstrom, 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. ADOPT RESOLUTION ACCEPTING THE DONATIONS FOR HALLOWEEN ON THE MALL EVENT (Resolution) V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, OCTOBER 21, 2014 B. CITY COUNCIL MEETING HELD TUESDAY, OCTOBER 21, 2014 C. SPECIAL COUNCIL MEETING HELD MONDAY, NOVEMBER 10, 2014 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. SOUTHWEST TRANSIT BUS GARAGE ADDITION 2 by LSA Design Inc for Southwest Transit. Second Reading of the Ordinance for Planned Unit Development District Review with waivers on 10.1 acres; Zoning District Amendment within the I-2 Zoning District on 10.1 acres and Site Plan Review on 10.1 acres. Location: 14405 62nd Street West(Ordinance for PUD District Review with waivers and Zoning District Amendment within the I-2 Zoning District; Resolution for Site Plan) C. ADOPT RESOLUTION APPROVING THE FINAL PLAT OF RSOP TWENTY FOURTEEN (MARGARET A. CARGILL PHILANTHROPIES) CITY COUNCIL AGENDA November 18, 2014 Page 2 D. APPROVE PARTIAL ACQUISITION OF PARCEL 34 FOR SOUTHERN SEGMENT OF THE SHADY OAK ROAD IMPROVEMENTS E. APPROVE FENCE ENCROACHMENT AGREEMENT WITH ROWLAND SHADY OAK PROPERTIES,LLC F. AWARD CONTRACT TO MINNESOTA NATIVE LANDSCAPES FOR THE BRYANT LAKE DRIVE CULVERT REPAIR AND CREEK STABILIZATION PROJECT G. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH SRF FOR THE ILLICIT DISCHARGE DETECTION AND RESPONSE PLAN H. APPROVE AGREEMENT WITH BOLTON& MENK FOR UPDATING OF THE STORMWATER POLLUTION PREVENTION PLAN I. APPROVE CONTRACT WITH ULTIMATE SOFTWARE GROUP INC. FOR HRIS AND PAYROLL SYSTEM J. AWARD CONTRACT TO RJ MARCO CONSTRUCTION,INC. FOR CONSTRUCTION OF MAINTENANCE FACILITY OFFICES AND LOBBY REMODEL K. APPROVE PROCLAMATION DESIGNATING NOVEMBER 29 AS SMALL BUSINESS SATURDAY L. APPROVE CHANGE ORDER FOR BITUMINOUS ROADWAYS INC. FOR HOMEWARD HILLS PARKING LOT AND TRAIL RECONSTRUCTION PROJECT M. APPROVE THE FIRST AMENDMENT TO THE SUPERVALU LEASE N. APPROVE PARTNERSHIP AGREEMENT WITH INDEPENDENT SCHOOL DISTRICT NO. 270, THE CITY OF MINNETONKA AND LOGIS REGARDING THE FIBER INFRASTRUCTURE BETWEEN EDEN PRAIRIE AND LOGIS IN GOLDEN VALLEY IX. PUBLIC HEARINGS/MEETINGS A. GREEN ACRES PARKING LOT by Steven Schussler Green Acres LLC. Request for Planned Unit Development Concept Review Amendment on 2.68 acres; Planned Unit Development District Review with waivers on 2.68 acres; Zoning District Amendment within the Rural Zoning District on 2.68 acres; Site Plan Review Amendment on 2.68 acres and Conditional Use Permit Amendment on 2.68 acres. Location: 14150 Pioneer Trail (Resolution for PUD Concept Review; Ordinance for PUD District Review with waivers and Zoning District Amendment within the Rural Zoning District, Resolution for Site Plan Review Amendment, and Resolution for Conditional Use Permit Amendment.) CITY COUNCIL AGENDA November 18, 2014 Page 3 X. PAYMENT OF CLAIMS XI. ORDINANCES AND RESOLUTIONS A. SPECIAL ASSESSMENT— 11175 BLUESTEM LANE (Resolution) XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS A. BOARD OF APPEAL & EQUALIZATION 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 E. REPORT OF PUBLIC WORKS DIRECTOR 1. Eden Prairie Pedestrian and Bicycle Plan F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY 1. First Reading of Ordinance Amending City Code Section 5.35, Prohibiting Sampling of Tobacco-Related Products XV. OTHER BUSINESS XVI. ADJOURNMENT REVISED ANNOTATED AGENDA ANNOTATED AGENDA DATE: November 18, 2014 TO: Mayor and City Council FROM: Rick Getschow, City Manager RE: City Council Meeting for Monday,November 18, 2014 TUESDAY,NOVEMBER 18, 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. ADOPT RESOLUTION ACCEPTING THE DONATIONS FOR HALLOWEEN ON THE MALL EVENT (Resolution) Synopsis: Halloween on the Mall is an annual event held in collaboration with Eden Prairie Center allowing children to `trick or treat' inside the mall from the mall merchants. The free event includes live entertainment, along with a fire truck and firefighters handing out candy, and a police car and police officers handing out candy. For Halloween 2014 over 8,125 people attended the event. Donations for the Halloween on the Mall event were graciously accepted from: $750 Eden Prairie Crime Prevention Fund $400 Optimists Club of Eden Prairie $500 Primrose School of Eden Prairie MOTION: Move to adopt the Resolution accepting the donations in the amount of $1,650 from various donors for the Halloween on the Mall event. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Move to approve the agenda. VI. MINUTES ANNOTATED AGENDA November 18,2014 Page 2 MOTION: Move to approve the following City Council minutes: A. COUNCIL WORKSHOP HELD TUESDAY, OCTOBER 21, 2014 B. CITY COUNCIL MEETING HELD TUESDAY, OCTOBER 21, 2014 C. SPECIAL COUNCIL MEETING HELD MONDAY,NOVEMBER 10, 2014 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR MOTION: Move approval of items A-L on the Consent Calendar. A. CLERK'S LICENSE LIST B. SOUTHWEST TRANSIT BUS GARAGE ADDITION 2 by LSA Design Inc for Southwest Transit. Second Reading of the Ordinance for Planned Unit Development District Review with waivers on 10.1 acres; Zoning District Amendment within the I- 2 Zoning District on 10.1 acres and Site Plan Review on 10.1 acres. Location: 14405 62nd Street West(Ordinance for PUD District Review with waivers and Zoning District Amendment within the I-2 Zoning District; Resolution for Site Plan) C. ADOPT RESOLUTION APPROVING THE FINAL PLAT OF RSOP TWENTY FOURTEEN (MARGARET A. CARGILL PHILANTHROPIES) D. APPROVE PARTIAL ACQUISITION OF PARCEL 34 FOR SOUTHERN SEGMENT OF THE SHADY OAK ROAD IMPROVEMENTS E. APPROVE FENCE ENCROACHMENT AGREEMENT WITH ROWLAND SHADY OAK PROPERTIES, LLC F. AWARD CONTRACT TO MINNESOTA NATIVE LANDSCAPES FOR THE BRYANT LAKE DRIVE CULVERT REPAIR AND CREEK STABILIZATION PROJECT G. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH SRF FOR THE ILLICIT DISCHARGE DETECTION AND RESPONSE PLAN H. APPROVE AGREEMENT WITH BOLTON & MENK FOR UPDATING OF THE STORMWATER POLLUTION PREVENTION PLAN I. APPROVE CONTRACT WITH ULTIMATE SOFTWARE GROUP INC. FOR HRIS AND PAYROLL SYSTEM J. AWARD CONTRACT TO RJ MARCO CONSTRUCTION, INC. FOR CONSTRUCTION OF MAINTENANCE FACILITY OFFICES AND LOBBY REMODEL ANNOTATED AGENDA November 18,2014 Page 3 K. APPROVE PROCLAMATION DESIGNATING NOVEMBER 29 AS SMALL BUSINESS SATURDAY L. APPROVE CHANGE ORDER FOR BITUMINOUS ROADWAYS INC. FOR HOMEWARD HILLS PARKING LOT & TRAIL RECONSTRUCTION PROJECT M. APPROVE THE FIRST AMENDMENT TO THE SUPERVALU LEASE N. APPROVE PARTNERSHIP AGREEMENT WITH INDEPENDENT SCHOOL DISTRICT NO. 270, THE CITY OF MINNETONKA AND LOGIS REGARDING THE FIBER INFRASTRUCTURE BETWEEN EDEN PRAIRIE AND LOGIS IN GOLDEN VALLEY IX. PUBLIC HEARINGS/MEETINGS A. GREEN ACRES PARKING LOT by Steven Schussler Green Acres LLC. Request for Planned Unit Development Concept Review Amendment on 2.68 acres; Planned Unit Development District Review with waivers on 2.68 acres; Zoning District Amendment within the Rural Zoning District on 2.68 acres; Site Plan Review Amendment on 2.68 acres and Conditional Use Permit Amendment on 2.68 acres. Location: 14150 Pioneer Trail (Resolution for PUD Concept Review; Ordinance for PUD District Review with waivers and Zoning District Amendment within the Rural Zoning District, Resolution for Site Plan Review Amendment, and Resolution for Conditional Use Permit Amendment.) Official notice of this public hearing was published in the November 6, 2014,Eden Prairie News and sent to 2 property owners. Synopsis: Steven Schussler is requesting the expansion of parking area on his property at 14150 Pioneer Trail. The site functions as an event center in the Rural Zoning District. The current site provides 14 on-site parking stalls. The applicant utilizes off-site parking facilities and shuttle services to transport event attendees. The expansion of the parking area provides an additional 55 parking spaces and requires the relocation of the existing ponding on site. The applicant is working with other agencies including Hennepin County and Metropolitan Airports Commission, and the Riley Purgatory Bluff Creek Watershed District to address all necessary issues related to the relocation. The property received approval to operate as an event center in 2012. The property is zoned Rural. The following waivers are requested with this application. • Waiver to allow a gravel-surfaced parking lot. City Code requires that parking lots be surfaced with bituminous, concrete, brick pavers or natural stone. This is an existing condition and part of the historic site character; and • Waiver to allow a parking setback of 7 feet from the highway easement line. City Code requires 50 feet. • Waiver to the planting island requirement. City Code requires that planting islands occupy 5% of a parking area. The applicant is not proposing to install planting islands. Granting of the waiver allows additional on-site parking to be incorporated into the site. ANNOTATED AGENDA November 18,2014 Page 4 The 120-Day Review Period Expires on January 3, 2015. The Planning Commission voted 6-0 to recommend approval of the PUD concept review amendment, PUD District Review Amendment with waivers, zoning amendment and conditional use permit amendment, and site plan review amendment at the October 13, 2014 meeting. MOTION: Move to: • Close the Public Hearing; and • Adopt the Resolution for Planned Unit Development Concept Review on 2.68 acres; and • Approve 1st and 2nd Readings of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District Amendment in the Rural Zoning District on 2.68 acres; and • Adopt a Resolution for Site Plan Review Amendment; and • Adopt a Resolution for Conditional Use Permit Amendment. X. PAYMENT OF CLAIMS XI. ORDINANCES AND RESOLUTIONS A. SPECIAL ASSESSMENT— 11175 BLUESTEM LANE (Resolution) Synopsis: The property located at 11157 Bluestem Lane, Eden Prairie ("Property") consists of a residence, an attached deck, and a timber retaining wall. The Property sits atop a slope overlooking Purgatory Creek. In 2012 in cooperation with the property owner, the City obtained a geotechnical report from Braun Intertec which identified causes for the slope failure and provided recommendations for slope stabilization. In 2013 the City obtained a second geotechnical report, this time from Wenck Engineering, which also identified causes for slope instability and provided slope stabilization recommendations. The Wenck report opined that the retaining wall and attached deck were now at risk of imminent failure. In cooperation with the property owner, the City retained engineering and construction services to implement slope stabilization and site restoration at the Property. The total cost of the project was $225,449.12. (See cover memo for background information on this item.) MOTION: Move to adopt the resolution approving a special assessment against 11157 Bluestem Lane. XII. PETITIONS,REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS A. BOARD OF APPEAL & EQUALIZATION Synopsis: The proposed members for Council approval are experienced real estate professionals with extensive knowledge of the Southwest metro area. ANNOTATED AGENDA November 18,2014 Page 5 • Lyndon Moquist of Edina Realty is involved in the sale of single family properties in the southwest metro. • Annette O'Connor of Coldwell Banker Burnet Realty is involved in the sale of single family properties in the southwest metro area. • Todd Walker of Coldwell Banker Burnet Realty is involved in the sale of single family properties in the southwest metro area. From 1992 through 2014,the City has appointed a special Board of Appeal and Equalization(also formerly named the Board of Review). The members are citizen volunteers that are active and knowledgeable,with extensive experience in the real estate market. The members are recruited by the City Manager and City Assessor and appointed annually with confirmation by the City Council. The City pays the members a per diem payment of$50 for all required training sessions and Board meetings. In 2003,the Minnesota legislature passed a law requiring members of Boards of Appeal and Equalization to attend a training session, developed by the Minnesota Department of Revenue, at least once every four years. The law also requires that the City document by December 15t of the year preceding the Board of Appeal and Equalization Meeting that at least one member of the Board has been trained within the last four years. The law also requires that a member of the Board of Appeal and Equalization that attended training must be in attendance at the meeting. As a practical matter we try to have all of the members trained by the Department of Revenue. Todd Walker attended training in 2012 and his training is valid to July 1,2015,Annette O'Connor and City Assessor Steve Sinell attended training in March, 2013 and their training is valid to July 1,2016, and Lyndon Moquist attended training November, 2013 and his training is valid to July 1,2017. The City Manager and City Assessor need to recruit two additional members to fill out the Board. We will forward those names at a future council meeting. MOTION: Move to appoint to the Board of Appeal and Equalization Lyndon Moquist, Annette O'Connor, and Todd L. Walker for the period of March 1, 2015 through May 31, 2015, or until the Board of Appeal and Equalization completes its work. XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR ANNOTATED AGENDA November 18,2014 Page 6 E. REPORT OF PUBLIC WORKS DIRECTOR 1. Eden Prairie Pedestrian and Bicycle Plan Synopsis: The City of Eden Prairie was awarded a Hennepin County Community Transformation Grant through the Centers for Disease Control to develop a Pedestrian and Bicycle Plan. Community Design Group has been assisting the city on this effort. The plan has been recommended for adoption by the Planning Commission and Parks, Recreation and Natural Resources Commission. The plan can be found on-line at www.edenprairiepedbikeplan.org. F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY 1. First Reading of Ordinance Amending City Code Section 5.35, Prohibiting Sampling of Tobacco-Related Products Synopsis: This ordinance prohibits sampling of tobacco-related products in any establishment with a tobacco retail license and adds cigarettes to the definition of tobacco-related products. At the Council meeting on February 18, 2014 the City Council considered several matters related to e cigarettes and hookah lounges. E cigarettes have surged in popularity but information and regulation have lagged behind. Therefore many cities have taken action to regulate e cigarettes. In addition, several neighboring cities have had issues related to hookah lounges. A hookah lounge is an establishment run much like a bar or café where patrons share shisha(flavored tobacco) or other similar products from a communal hookah or nargile or where patrons are served individual hookah pipes, that are smoked on site. As with e cigarettes there is very little existing regulation relating to hookah lounges. At the February 18, 2014, meeting the Council approved the first reading of an ordinance requiring a tobacco license for the retail sales of e cigarettes and of an ordinance prohibiting the use of cigarettes in all locations the Minnesota Clean Indoor Air Act and the Eden Prairie Smokefree Air Ordinance of 2002 prohibit the smoking of tobacco. At the meeting on March 4, 2014, the Council approved the second reading and adopted both ordinances. In addition, at the February 18, 2014, meeting the Council adopted a one-year moratorium on hookah, e cigarette and related lounges. The moratorium adopted by the Council prohibited the establishment of any such lounge in the City to allow the City time to study the issue. The attached memorandum details the study we have compiled in regards to this matter. ANNOTATED AGENDA November 18, 2014 Page 7 MOTION: Move to approve first reading of an ordinance amending City Code Section 5.35, prohibiting the sampling of tobacco-related products. XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Move to adjourn the City Council meeting. CITY COUNCIL AGENDA DATE: SECTION: Presentations &Proclamations November 18, 2014 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IV.A. Jay Lotthammer, Director, Accept Donations for Halloween on the Mall Parks and Recreation Requested Action Move to: Adopt the Resolution accepting the donations in the amount of$1,650 from various donors for the Halloween on the Mall event. Synopsis Donations for the Halloween on the Mall event were graciously accepted from: $750 Eden Prairie Crime Prevention Fund $400 Optimists Club of Eden Prairie $500 Primrose School of Eden Prairie Background Halloween on the Mall is an annual event held in collaboration with Eden Prairie Center allowing children to `trick or treat' inside the mall from the mall merchants. The free event includes live entertainment, along with a fire truck and firefighters handing out candy, and a police car and police officers handing out candy. For Halloween 2014 over 8,125 people attended the event. 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 monetary gifts to the City in the amount of$1,650 were used for the Halloween on the Mall event. $750 Eden Prairie Crime Prevention Fund $400 Optimists Club of Eden Prairie $500 Primrose School of Eden Prairie These donations are hereby recognized and accepted by the Eden Prairie City Council. ADOPTED by the City Council of the City of Eden Prairie this 18th day of November, 2014. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk ITEM NO.: VI.A. UNAPPROVED MINUTES JOINT CITY COUNCIL/PLANNING COMMISSION WORKSHOP & OPEN PODIUM TUESDAY, OCTOBER 21, 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 PLANNING COMMISSION MEMBERS: John Kirk, Jon Stoltz, Travis Wuttke, Steven Frank, Ann Higgins, Mary Egan, Charles Weber, Andrew Pieper CITY STAFF: City Manager Rick Getschow, Police Chief Rob Reynolds, Fire Chief George Esbensen, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, Communications Manager Joyce Lorenz, City Attorney Ric Rosow, and Recorder Lorene McWaters Workshop-Heritage Room II—5:30 p.m. I. SET DATE FOR CANVASS OF ELECTION Getschow said the City Council tentatively set the date for the canvass of the election for 5:00 p.m.,November 10. He asked which Council Members are available to meet at that time. Mayor Tyra-Lukens said she cannot attend because she will be out of town. Council Members Aho,Nelson and Butcher Wickstrom said they can attend. Council Member Case said he might be available, but will not be certain until next week. Since a quorum of members is available, the canvass will be held as originally proposed on November 10 at 5:00 p.m. Getschow said the date should formally be set at the regular Council Meeting later tonight. II. DESIGN STANDARDS Consultant Emily Osthus led a discussion about design standards. She said the current standards discussion does not include residential development, but any standards the City Council sets for commercial buildings can be extrapolated to residential development. Osthus presented photographs of buildings, most in Eden Prairie, that incorporate a variety of architectural forms, materials and colors. Buildings are categorized by industrial, office, retail, restaurant, strip centers. Signs identifying the buildings were removed from the photos so the focus would be on form and materials rather than the owner or tenant. City Council Workshop Minutes October 21, 2014 Page 2 Osthus said one question the Council may want to discuss is the level of detail they want to require for industrial buildings. Are windows enough? Or are there other elements they would like to see? Case asked if it is really necessary to go down this road. He said projects that have been submitted so far seem okay. He said it perhaps the market can be counted on to do projects the right way. Jeremiah said if requirements are not adopted, she believes the Council will eventually be presented with a project they do not want. Case asked if standards really are definable. Of the examples of industrial buildings,Nelson said she likes the differentiation of brick colors/types. She said there should be room between the building and the parking lot for green space. Butcher Wickstrom said she does not like the look of flat-front buildings. She prefers more interesting dimensions. She said diversity can also be achieved through the use of different materials. Aho said flat-front buildings can be attractive if a variety of materials is used. He said he does not think articulation over doorways is necessary. Green space makes a big difference in the perception of a building's attractiveness. Jeremiah said fewer requirements for industrial buildings makes sense. She said she is hearing the City Council Members say they want buildings that provide visual interest, while maintaining flexibility in design. Frank said it would be helpful to the Planning Commission to have minimum design guidelines by which to evaluate development proposals. For small-scale office buildings, Tyra-Lukens likes pitched roofs but does not like one particular example that she felt was too minimalistic. Case said pitched roofs on office buildings make sense if they are near residential areas. He would like to require developers to be sensitive to the surroundings when designing buildings. Nelson said it is important to look at function . Some buildings will need to be two or three stories, depending on use. Butcher Wickstrom did not like the box-like building example. Jeremiah noted that there is nothing in City requirements that prevents box-type design. Aho asked how you define minimum standards. He said much of what is or is not acceptable is in the eye of the beholder. Higgins said she would like to see requirements that relate to context—to what is already there. Egan noted that some of the examples considered less visually appealing cost less to build. She asked if it is fair to have requirements that add costs to projects. Tyra-Lukens said it is not unusual to have such requirements, and in fact, the City already has some standards that drive costs. Jeremiah suggested getting feedback from the development community on proposed standards. Having parameters up front reduces costly back and forth negotiating. She said staff also recommends treating building rehabs and restorations differently. Frank said Eden Prairie has an economic vibrancy that is evidenced in our current development. He believes certain architectural elements promote that feeling. City Council Workshop Minutes October 21, 2014 Page 3 There were differing opinions about the large-scale office examples. One of the buildings was noted as an example of a flat-front structure that successfully incorporated visual interest with windows and materials. Of the retail examples,Nelson said she liked the ones with façade articulation. Osthus said she is hearing the Council say they like elements that provide differentiation. For strip centers, Tyra-Lukens said she liked the example that incorporates curvature, height and angles. Nelson said she also liked that example because it includes an outdoor seating area. She likes that it takes the comfort of visitors into consideration. Aho asked how it is possible to set aside personal preferences when creating standards that apply to the whole community. Frank suggested choosing five outstanding buildings that incorporate the features the City would like to see in future developments. Nelson said for office buildings, she would like to see signs of prosperity that indicate they will be around for a long time. She would like to see texture, colors and materials that look like they will stand up over time. Case thinks there should be flexibility in the types of materials allowed. Jeremiah said staff highly recommends the use of color impregnated materials rather than surface painting. She also asked the Council to consider if they want to impose any kind of threshold for color? Tyra-Lukens said guidelines for color are important. She feels one accent color is acceptable. Butcher Wickstrom said use of multiple colors works if they are in the same family. Jeremiah asked the Council if they want to stay more big picture, or if they would like staff to bring back a draft ordinance with suggested standards. Case asked staff to provide examples of ordinances from other cities for the Council to review. Tyra-Lukens said she would like the standards to include items like setbacks on roads that may be widened in the future as well as bike racks. Council Chambers—6:30 p.m. II. OPEN PODIUM A. RILEY PURGATORY BLUFF CREEK WATERSHED DISTRICT RULES 1. John Tyler—Tyler said he is a member of the Southwest Metro Lakes Coalition. He said there are still questions regarding the Riley Purgatory Bluff Creek Watershed's rule-making authority versus the City's municipal lakeshore rules. He said there appears to be a conflict in interpretations of state statutes. He said he believes watersheds have rule- making authority, but only in the absence of city ordinances. He noted that three different watershed districts cover different areas of the City, City Council Workshop Minutes October 21, 2014 Page 4 and it is illogical to have different rules for each watershed. He said the watershed district board intends to vote on its proposed rules on November 5 despite the City's request that they delay the vote. He requested that the City send a more strongly worded letter to the district, hold public hearings on the proposed rules, and obtain a detailed response from the City Attorney. He said the watershed district should also conduct a gap analysis. He said the watershed has functioned for seven years without rules, and he challenged them to provide any instances in which this has been detrimental. He concluded by saying, "Why rules? Why now?" 2. Jeff Strate— Strate noted that Birch Island Lake was completely dry in 1991, but as of last week the lake was the highest he has seen it in 21 years. He said the turnaround is the result of the watershed district, citizens, the City Council and public works finding a way to make it work. Regarding the proposed Riley Purgatory Bluff Creek Watershed District rules, he said this is just the beginning of a lengthy approval process. The proposed rules will be submitted to BOWSER, at which time the public will be given another opportunity to weigh in. He commends members of the Southwest Metro Lakes Coalition for being involved and showing up to express their concerns. He noted that the watershed district has agreed to change the proposed rules on lake buffers. Strate said lake buffers enhance wildlife on the shore and in the water. He urged the City Council to take the long view regarding the proposed rules. He said when groomed grass grows all the way to the lakeshore,pollution is the result. He urged all lakeshore property owners to voluntarily put in buffers. III. ADJOURNMENT ITEM NO.: VI.B. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, OCTOBER 21, 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 A. JAN CALLISON—HENNEPIN COUNTY COMMISSIONER Hennepin County Commissioner Jan Callison provided handouts and gave an update on the current status of Hennepin County. She noted there is a proposed 2.75% increase in the County's portion of the property tax this year, partly due to the renegotiating of contracts and an increase in staffing levels in certain areas. She reviewed the new initiatives planned for the coming year. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Getschow added Item VIII.L. Case added Item XIV.A.1 and 2. MOTION: Butcher Wickstrom moved, seconded by Case, to approve the agenda as amended. Motion carried 5-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, OCTOBER 7, 2014 MOTION: Butcher Wickstrom moved, seconded by Aho, to approve the minutes of the Council workshop held Tuesday, October 7, 2014, as published. Motion carried 5-0. B. CITY COUNCIL MEETING HELD TUESDAY, OCTOBER 7, 2014 MOTION: Nelson moved, seconded by Case, to approve the minutes of the City Council meeting held Tuesday, October 7, 2014, as published. Motion carried 5- 0. VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. MACP by Margaret A. Cargill Philanthropies. Second Reading of the Ordinance for Planned Unit Development District Review with waivers on 5.04 acres; Zoning District Amendment within the Office Zoning District on 5.04 acres and Site Plan Review on 5.04 acres. Location: 6889 Rowland Road(Ordinance No. 21-2014-PUD-2-2014 for PUD District Review with waivers and Zoning District Amendment; Resolution No. 2014-100 for Site Plan) C. ADOPT RESOLUTION NO. 2014-101 AMENDING TELECOMMUNICATION LICENSE AGREEMENT BETWEEN T- MOBILE AND CITY OF EDEN PRAIRIE AT THE DELL ROAD WATER TANK D. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH BLUESTEM HERITAGE GROUP FOR PRODUCTION OF INTERPRETIVE SIGNS AND KIOSK E. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH WHITE BUFFALO INC. FOR DEER MANAGEMENT PROGRAM F. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH HTPO FOR DESIGN PHASE SERVICES FOR CEDAR HILLS PARK G. APPROVE PROFESSIONAL SERVICES AGREEMENT AND BUSINESS ASSOCIATE AGREEMENT WITH ARTHUR J. GALLAGHER& CO. FOR EMPLOYEE BENEFIT CONSULTING SERVICES H. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH CLIFTONLARSONALLEN FOR AUDITING SERVICES FOR 2014 - 2016 I. APPROVE PURCHASE OF "MICROSOFT SQL SERVER" LICENSES THROUGH STATE OF MINNESOTA AGREEMENT 01E61724 J. DECLARE OBSOLETE COMPUTER EQUIPMENT AS SURPLUS AND AUTHORIZE DISPOSAL K. DECLARE USED VEHICLES AS SURPLUS AND AUTHORIZE DISPOSAL L. ADOPT RESOLUTION NO. 2014-104 SUPPORTING ARCSERVE'S APPLICATION FOR JOB CREATION FUND MOTION: Nelson moved, seconded by Case, to approve Items A-L of the Consent Calendar. Motion carried 5-0. IX. PUBLIC HEARINGS/MEETINGS A. 2014 SPECIAL ASSESSMENTS (RESOLUTION NO. 2014-102) Getschow said each year the City Council holds a public hearing to consider levying the special assessments that have been identified over the previous 12 months. This year the Council will address a list of projects and supplemental assessments for such things as trunk utility assessments and contracted removal assessments. Staff recommends Council approve the list of assessments. He noted the assessments will be sent to the county for levy at the end of November. Official notice of this public hearing was published in the October 2, 2014,Eden Prairie News and sent to 24 property owners. David Zoll, an attorney representing Pat and Wendy Gallagher, distributed copies of a letter from the Gallagher's with written objections to the special assessment. He noted the proposed special assessment against the Gallagher's property is not a typical special assessment. The underlying project was undertaken to stabilize the hillside in order to stop a decade-long failure of the slope. He said the Gallagher's now have a$225,000 assessment for the correction of a slope failure that began on City property. Pat Gallagher, 11157 Bluestem Lane, reviewed the history of the house. He said he bought the house in 1999. At that time there was a small bit of erosion around the creek which increased over the years but remained on City property. By 2005 the erosion had gone up the hill dramatically. A City engineer came out at that time to inspect the erosion and take pictures. In 2008 an entire stand of trees collapsed, and the erosion continued up the slope to his property. In 2009-2010 Braun Engineering came in and gave several options to repair the damage. They continued to work with City staff, but in 2012 the whole hill collapsed, all of the trees slid down to Purgatory Creek, and a sink hole developed next to his house. He said he wants to work with the City to do what is fair. Tyra-Lukens asked what Mr. Gallagher wants the Council to do about the assessment. Mr. Gallagher said he would like to have Council Members come out to the house to look at the damage to the property and treat them fairly and equitably. Case asked about the report done in 2012. Mr. Gallagher said the finding was that there was no water coming down. They were looking to see if the sewers were leaking. He noted the house has been there since 1906 with nothing done to it until all the construction began around it. The topography of the area around the house is now much different from the original property. Aho asked if the cause of the erosion was ever determined. Mr. Gallagher said the engineering studies were looking at how to stop it more than what started it. There was erosion of the bank. The efforts to stabilize it included dropping over 2000 tons of rock in the backyard. The creek makes a right turn and that is what undercuts the property. Aho asked if there was a determination of what would fix the issue. Mr. Gallagher said it has been fully remedied. Tyra-Lukens asked if this was erosion that started from City property and moved up or if there were two different erosion sites. Ellis displayed a cross section of the property from the Braun Intertec report that showed the slope failure area. The Braun report said the cause of the slope failure was groundwater that could not penetrate the granite till layer causing the soils to saturate. He said the City hired Wenck Associates to review the Braun report, to do a site inspection and to make recommendations. Wenck Associates agreed with most of the Braun report. A number of trees removed from the property may have been a contributing factor. They looked at the creek to see if there was scour or erosion along the creek bed and found none. They agreed with the solution to stabilize the slope as recommended by Braun. Tyra-Lukens asked if there were two sites of erosion. Ellis said the Wenck report said there was no erosion by the creek, and that the erosion was entirely caused by groundwater being forced out of the hillside under the Gallagher property. Tyra-Lukens noted the glacial till layer has been there for thousands of years. While there have been some weather-related issues, she asked what could have changed to cause this erosion and if some other properties drain into this area. Ellis said the roof drains may have caused the failure. Mr. Gallagher said the roof drains had two underground egresses down the hill. There was a major erosion at the bottom of the hill along the creek so the erosion started on City property. Ellis said there was a retaining wall installed to create a backyard for the property. Groundwater coming out of the side of the hill is common in the riverside areas and can change with environmental factors. Nelson asked if the trees that came down on the bluff were on City property. Ellis said they ended up on City property but were close to the property line originally. Nelson asked what expectations came out of the meeting with the Gallagher's in 2012 as to who was going to help put the slope back together. Ellis said Braun Intertec had just finished their report, and at that point the slope failure wasn't as severe as it became in 2013. Rosow said Gene Dietz, the previous Director of Public Works, and the Gallagher's reached an agreement to fund the study done by Braun Intertec. The City became more and more concerned about the stability of the slope and the danger it posed to the property and to the Gallagher's. They decided to go ahead with the solution and to determine the cause at a later date. Both the Braun and Wenck reports indicated it was a responsibility of the property owners. The City had the resources and could hire a contractor to go in and do the work and then special assess the costs for the work in order to save the property. The City went through a process to declare a hazardous condition. The Gallagher's gave consent for the City to come onto their property and work with them to solve the problem. The fix to the property was agreed upon and was executed. The City waited until now before bringing it to the Council to be sure the project was complete and all the costs known. City staff believe this was not a condition that was caused by City action or inaction, was not caused by failure of the City storm sewer and was not caused by development of surrounding areas. He said last week the Gallagher's attorney said they wanted to adjourn the hearing to a later date in order to bring testimony to the Council. That process would not be an advantage to either party because the court would conduct a brand new trial. The challenge to the special assessment will be to determine who was responsible for the work. He said we informed Mr. Zoll earlier today we did not intend to adjourn the hearing to a later date. Case asked if staff has walked down to the creek and witnessed there is no erosion. Ellis said he oversaw the construction and staff performed two inspections this summer. The solution appears to have worked. Case asked if we have the pictures from 2005 of the City-owned property near the creek that would show there is no erosion. Ellis said there was no indication of anything down there that was causing the erosion up the hill. Case said he had trouble understanding that there is no relation to erosion down at the creek. We know the creek is eating into slopes in other areas so it seemed highly coincidental we are now having this erosion. He felt we are responsible to help fix it,but paying for it may or may not be a portion of our responsibility. Ellis said there was no erosion down at the creek. The City has reinforced the slope down to the creek. Whenever he was on the site, he could watch the water coming out of the side of the hill. As the water saturated the soil, it would slough off and the bluff could not handle it. Mr. Gallagher said the hill was very gradual. The house is now on an artificial ridge where the road was constructed. The prairie land was much flatter and more gradual up the hill. The trees went all the way to the creek bed. Butcher Wickstrom asked if it was clear to the Gallagher's what the scope of the project would be when the solution was agreed upon. Mr. Gallagher said they received some initial financials, and it was always around $100,000. Nelson said she was not clear about the assumption that the Gallagher's would assume all the costs. She asked if the houses around the property are on the same bed of rock. Ellis said they would need to do a geo-technical exploration to determine that. There are a lot of sandy soils there that don't have the glacial till area. Nelson asked if there was anything new that happened to the property in recent years. Mr. Gallagher said the Brown family sold the property to a developer in 1987. The developer built very large houses on either side of his house. The street itself was dug out, and the houses are on an artificial ridge. Bennett Place was paved and was shaped in at a steeper incline. Nelson asked when the problems started. Mr. Gallagher said in 1998 there was minor erosion near the creek bed. It was 2005 when the trees started going down. Nelson said she was a little unclear about the whole situation. It may be good to postpone this piece of the assessment for a little more background information. Butcher Wickstrom said none of the Council Members are experts about this, so she didn't feel confident dividing responsibility. She said it is interesting there were two companies that seemed to corroborate the same conclusion. Clearly there has been some kind of a progression, and there appears to have been a couple of episodes on the site. Rosow said in May of 2013 staff presented to the City Council a resolution ordering the repair and removal of the hazardous condition. The resolution was filed with the court. Mr. Zoll filed an answer in which they consented to the City coming onto the property but maintained the condition was not caused by them. The conditions of the slope were identified in the report and they reserved their right to object to the assessment. It is not typical for the City to come in and make repairs of this type when we have two reports that say it was not caused by actions of the City. The City wanted to be responsible and responsive to the residents so it was more expedient for the City to go in and do the fix. The ultimate repair may have been more expensive but it was what was necessary. Tyra-Lukens asked if all the repair work has been done on the Gallagher property. Ellis said it has been done all the way down to the creek bed. Aho said he didn't believe that the erosion from the base of the slope went up, so he agreed with the engineering report on the cause. What he did not understand is why there was a change now when the house had been stable for a number of years. He asked if anything in the report addressed whether any development of the surrounding property could cause more water to infiltrate and cause the failure of the slope. Ellis said there is nothing that addresses that. He did not know that anyone would come to a conclusion that any development in the area would cause an increase in the groundwater. Case asked if any of the work was done on City property. Ellis said the City had to re-establish the slope on City property. Case asked if any of that work would help the neighbors at some point. Ellis said it would stabilize the bank on the city's side of the creek. Aho asked if the cost of this project includes the City portion. Ellis said the assessment is for 100% of the total construction cost and engineering. Case said he did not feel competent to say that the two firms were wrong in their determination, but he did wonder if they looked at other factors. He would feel comfortable to send this back to staff to see if there could be any cost sharing for this. Nelson said she agreed this piece should come back with more information about the overall cost on the City's land portion. She agreed it was appropriate to put this off. Getschow said there is one more City Council meeting on November 18 to take action. We could also assess at any time after that, but it would not appear until the 2016 tax statement. Tyra-Lukens suggested a postponement doesn't get us anywhere. She would still not feel comfortable with an allocation of percentages because that needs to be determined by experts in the field. She wanted to be very careful about setting precedent and did not want to come to a decision that is arbitrary and not based on fact. Ellis said this started out as a small problem that would have been more affordable to fix. There was a long discussion about who was going to do the repairs so this could have been solved for a much smaller dollar amount if done earlier. While he did not believe his position would change, staff could look at the unit bid prices and estimate how it could be split along property lines. Rosow said if there was concern about precedent, there would be more flexibility if it were to be resolved inside a litigation. We have time between tonight's meeting and whenever they would have to file their appeal to engage in the kind of discussions suggested. There is more flexibility and reason inside litigation to arrive at settlements. He suggested we could also make a specific request for mediation and dispute resolution. We could levy the assessment, and, if we arrive at a solution that would be less than 100% of the costs, the City would be allowed to change it. Butcher Wickstrom said she would support doing that. That would be a better forum and a better conclusion than something that was arbitrarily placed. Mr. Zoll said at the time of the reports both Braun and Wenck weren't asked the question of causation. They identified the existing risk to the property and possible solutions. It did not make sense for the Gallagher's to determine what caused this. He noted page 13 of the Braun report stated that scouring of the slope from the creek could have also contributed to the erosion underneath the slope. The profile of the slope showed the creek with the slope going up to the house. The photo of the corrective action shows new rock placed at the base of the hill to prevent the creek from further eroding. He said they received estimates of the project from the City, one for$95,000 and one for$144,000. He disagreed with the City Attorney about proceeding to litigation and believed the role of the City Council is to decide whether the entire cost should be assessed to the Gallagher's or if the City should pay for a portion of the cost. The City's restoring of the bank prevented further erosion of the creek so that is a benefit to the community and to the neighbors. He asked the City Council to adjourn the hearing for this assessment and gather more information, but there is no need to go to the court for resolution. The Gallagher's are willing to meet any time to negotiate with the Council, the City Attorney or staff Tyra-Lukens said Mr. Zoll's comments underscore how complex this issue is. It is difficult for the City Council to decide to bear some of the costs because any money the City puts in has to come from the other taxpayers in the City. She takes that responsibility very seriously and wants as much information and discussion as possible. Aho said going to court is a fair way to resolve issues but it does add a lot of cost to the process. They have indicated they would be open to having discussions with City staff and working on a resolution. He suggested we have a first round of meeting with the Gallagher's and City staff to see if we could come up with a mutually agreeable solution. If it is not resolved by November 18, we could make the assessment and then go on to the court system. He would like to give them an opportunity for dialogue and mediation with the City before going to the court system. Tyra-Lukens asked how long the Gallagher's have known the amount of the assessment. Ellis replied it would have been when the assessments were mailed out, so it is fairly recent. Case said he liked Council Member Aho's idea as a compromise that allows both sides to be heard and gives one more opportunity for conversation. Nelson said she also liked Council Member Aho's suggestion. She also would like a policy discussion about when the City would go in to do this kind of thing on a property. Getschow said it is very rare and this was taken by resolution of the Council. This project happened to be very expensive. MOTION: Case moved, seconded by Butcher Wickstrom, to close the public hearing for the approval of the 2014 Special Assessments. Motion carried 5-0. Case said he would like the first item regarding the United Health Services assessment to be pulled for separate action. MOTION: Aho moved, seconded by Nelson, to adopt Part 1 of Resolution No. 2014-12 approving the special assessment for United Healthcare Services, Inc. Motion carried 4-0-1,with Case abstaining. MOTION: Aho moved, seconded by Butcher Wickstrom, to adopt Part 2 of Resolution No. 2014-12 approving the remainder of the special assessments presented in the fall of 2014 with the exception of the assessment for the Gallagher property, and to direct that the assessment to the Gallagher property come back to the Council on November 18 for further review and consideration. Motion carried 5-0. B. SOUTHWEST TRANSIT BUS GARAGE ADDITION 2 by LSA Design Inc. for Southwest Transit. Request for Planned Unit Development Concept Review Amendment on 10.1 acres; Planned Unit Development District Review with waivers on 10.1 acres; Zoning District Amendment within the I-2 Zoning District on 10.1 acres and Site Plan Review on 10.1 acres. Location: 14405 62nd Street West (Resolution No. 2014-103 for PUD Concept Review; Ordinance for PUD District Review with waivers and Zoning District Amendment within the I-2 Zoning District) Getschow said the proposal is to construct an addition of 375 square feet to the existing building and to add an 1,800 square foot fuel canopy over existing fuel pumps. As a part of the request, the proponent is seeking two waivers to City Code requirements. The first is a waiver to the front yard setback from 50 feet to 21 feet for the fuel canopy. The fuel pump location is an existing condition. The proposed canopy is necessary to help prevent rainfall from falling directly onto the fuel pad and is recommended by the Minnesota Pollution Control Agency (MPCA). The second waiver request is to allow an increase in the shoreland impervious surface percentage. The property is in a shoreland area since it is located within 300 feet of Nine Mile Creek. The addition to the building increases the impervious surface percentage from 42.2%to 42.3%. The shoreland code requirement has a 30% impervious surface limitation. The waiver was granted because the building existed prior to the adoption of the shoreland code, a majority of the site is located outside of the 300 foot shoreland area, and a stormwater pond was constructed as mitigation. The Planning Commission voted 8-0 to recommend approval of the project at the September 22, 2014 meeting. Nelson asked if the pond they put on the property is adequate to take the additional runoff from the addition. Joanne Olson, LSA Design, said the pond has the capacity for the addition. There were no comments from the audience. MOTION: Case moved, seconded by Butcher Wickstrom, to close the public hearing; to adopt Resolution No. 2014-103 for Planned Unit Development Concept Review on 10.1 acres; to approve 1st reading of the ordinance for Planned Unit Development District Review with waivers, and Zoning District Amendment within the I-2 Zoning District on 10.1 acres; and to direct staff to prepare a Development Agreement incorporating staff and commission recommendations and Council conditions. Motion carried 5-0. X. PAYMENT OF CLAIMS MOTION: Case moved, seconded by Nelson, to approve the payment of claims as submitted. Motion was approved on a roll call vote,with Aho, Butcher Wickstrom, Case, Nelson, and Tyra-Lukens voting "aye." XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. Implication of Vacant Homes--Council Member Case Case said he had questions regarding the larger implication of vacant homes in the City. He asked for a report back from staff that would address the following questions: 1) Do we have a mechanism in place that would flag these properties, bring them to someone's attention and then track them; 2) Who collates the data; 3) How many foreclosures are there and how many banks are involved; 4) How many homes have been empty for more than a year and is there technology for departments to talk to each other about the vacant homes. Getschow said he would have to come back with the number of foreclosures, but we do have a code enforcement team made up of individuals who cross departments. They keep a database on the intranet site for properties of concern so we could see the history of concerns and comments. The group sometimes meets to discuss concerns about a property. We do receive information on specific foreclosures and do go out to check each home. He said staff could come back at the next meeting with more details about the program and about foreclosure trends. Nelson wanted to make it clear we aren't talking about properties that are vacant for only a few months. 2. Rulemaking Potential of Watershed Districts--Council Member Case Case believed Council Members agree that rules that keep our water clean and help preserve Eden Prairie are good. This discussion is more about what kind of rules and who is ultimately responsible. He said Mr. Tyler's report quotes a State statute that states the watershed districts'rules don't apply if a County or City ordinance applies. Rosow said the statement by Mr. Tyler was read correctly but it is a very complicated statute. That particular statement applies to watershed districts outside the metropolitan area. Another portion of the statute specifically applies to those watershed districts wholly within the metro area and gives those watershed districts the power to make regulations except that the districts'rules apply only when: 1) the City does not have an approved water plan; 2)the City is presented with a request for a waiver of one of our rules; or 3) there has been an agreement that we will enforce their rules. Those are the circumstances under which the watershed districts'rules apply within the City of Eden Prairie. However, the analysis doesn't end there because Eden Prairie has an approved water plan. As the watershed districts amend their plans, we are given a statutory amount of time to bring our plan into agreement with theirs. If we don't bring our plan into agreement with theirs, then they can enforce their rules. The statute gives the watershed district the right to determine if our local water plan is in compliance with theirs. There is no specific guidance in the statute as to what our remedy is as a city if we disagree with the watershed district's determination that our plan is not in compliance. He reviewed two provisions in the statute whereby the City can challenge a rule. Rosow said it is his opinion that the watershed district is required to have a water management plan. We are waiting to finalize our plan until the watershed districts' amended plans are finalized. A watershed district has the right to adopt rules, has the right to levy taxes, and is not advisory to the City Council. Once the watershed district adopts their plan, we will continue to work to finalize our plan. Mr. Ellis and staff are trying to make sure the rules the watershed districts adopt are acceptable to the City. The watershed district has the responsibility to review our plans and make that determination. We could challenge that if we believe their decision is not founded in facts. A number of public hearings have been held by the watershed district, so our citizens could have spoken at the watershed district's public hearings. It is not the City's role to hold public hearings on the watershed district rules. Case said he has listened to this subject over the past few months and he does feel better after having several meetings with staff in the last week. There is a process in place that will protect the lake owners and others. That process includes the fact our staff has two years after the watershed district completes their rules to interact with those rules. There will be a public hearing to align ourselves with the watershed district rules. He was comfortable we have a process to protect our rights and responsibilities. B. REPORT OF CITY MANAGER 1. Set Date for Canvass of 2014 General Election Results Getschow said we need to set the date for the canvass of the 2014 general election results. MOTION: Butcher Wickstrom moved, seconded by Aho, to set a date of November 10, 2014 at 5:00 p.m. for the canvass of the local election results. 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 1. Community EMT Program Fire Chief Esbensen said the Affordable Care Act includes many things that relate to the health care system, such as incentives for hospitals to keep people in their homes and penalties to the health care system when people get re-admitted within 30 days for the same malady. Five city fire departments approached Park Nicollet with a plan to have firefighters check on recently released patients within the first 24 hours of discharge. He reviewed the process and details developed for the program. In order to get help with reimbursement there needs to be a State statute that addressed the Community EMT. A proposed bill is now being considered by the League of Minnesota Cities for their support. He asked the Council for support of their letter to the League encouraging them to give this their final legislative support. Butcher Wickstrom said Council Member Aho and she heard about this idea at a PROP meeting. The data and information are very interesting and the program provides a holistic approach. It would involve a small amount of time that could have a big impact on the quality of a person's life. She asked if the Fire Department has the capacity in terms of numbers as word gets out about this and as our population ages. Esbensen replied they do, depending on what the game-sharing looks like. If we receive funding from the hospital to do this, then it becomes a math equation. Butcher Wickstrom noted it is hard to capture all the other things the firefighters would check on to make the home safe. She commended Chief Esbensen on the innovation of this program. Tyra-Lukens asked if the pilot program is collaboration with the firefighters and Park Nicollet so that everyone is donating time. Esbensen said it is. Tyra-Lukens asked how long the pilot program runs. Esbensen said it was 90 days, and was extended another 90 days through the end of December. Tyra-Lukens asked who is eligible for this program. Esbensen said it is people who have been admitted to the hospital and who were not discharged to a care facility. They also have to opt in. A nurse at Park Nicollet visits with them and describes the program. Tyra-Lukens asked if this is a unique program. Esbensen said other parts of the country have this, and other jurisdictions have shown a decrease in emergency calls. H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Case moved, seconded by Butcher Wickstrom, to adjourn the meeting. Motion carried 5-0. Mayor Tyra-Lukens adjourned the meeting at 9:05 PM. ITEM NO.: VI.C. UNAPROVED MINUTES EDEN PRAIRIE SPECIAL CITY COUNCIL MEETING MONDAY,NOVEMBER 10, 2014 5:00 PM, CITY CENTER CITY COUNCIL: Mayor Nancy Tyra-Lukens, Council Members Brad Aho, Ron Case, Kathy Nelson and Sherry Butcher-Wickstrom CITY STAFF: City Manager Rick Getschow, City Clerk Kathleen Porta I. CALL MEETING TO ORDER Council Member Aho called the meeting to order at 5:00 p.m. Mayor Tyra- Lukens and Council Member Case were absent. A. APPOINTING ACTING MAYOR FOR NOVEMBER 10, 2014 SPECIAL COUNCIL MEETING MOTION: Butcher-Wickstrom moved, seconded by Nelson to appoint Council Member Aho as the Acting Mayor for the November 10, 2014, Special Council Meeting. Motion carried 3-0. B. ADOPT RESOLUTION NO. 2014-105 CANVASSING RESULTS OF THE MUNICIPAL ELECTION HELD ON NOVEMBER 4, 2014 MOTION: Nelson moved, seconded by Butcher-Wickstrom to adopt the resolution canvassing the results of the municipal election held on November 4, 2014. Motion carried 3-0. II. ADJOURNMENT MOTION: Butcher-Wickstrom moved, seconded by Nelson to adjourn the meeting. Motion carried 3-0. Acting Mayor Aho adjourned the meeting at 5:05 p.m. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar November 18, 2014 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.A. Christy Weigel, Clerk's License Application List Police/ Support Unit These licenses have been approved by the department heads responsible for the licensed activity. Requested Action Motion: Approve the licenses listed below Raffle Organization: Eden Prairie Hockey Association Place: Eden Prairie Community Center 16700 Valley View Road Date: February 12, 2015 Temporary Liquor Organization: Eden Prairie Noon Rotary Event: 2015 Winter Wonderfest Date: January 24, 2015 Place: Eden Prairie Community Center 16700 Valley View Road Cigarette & Tobacco Products (new ownership)—2014 & 2015 Lucky's Station, LLC 13991 Anderson Lakes Parkway (previously Carolines LLC) New On-Sale & Sunday Liquor License—2014 & 2015 Licensee name: Aramark Services, Inc DBA:Cafe 11 11000 Optum Circle Amendment to Liquor License 2AM Closing Permit- Renewal Leisery LLC DBA: Brunswick Zone XL - Eden Prairie 12200 Singletree Lane - 1 - CITY COUNCIL AGENDA DATE: November 18, 2014 SECTION: Consent Agenda DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.B. Community Development/Planning Southwest Transit Bus Garage Janet Jeremiah/Regina Rojas Addition 2 Requested Action Move to: • Approve 2nd Reading of the Ordinance for PUD District Review with waivers and Zoning District Amendment within the I-2 Zoning District on 10.1 acres; and • Adopt the Resolution for Site Plan Review on 10.1 acres; and • Approve the Development Agreement for Southwest Transit Bus Garage Addition 2. Synopsis This is final approval to construct a 375 square foot addition to the existing principal building and to add a 1,800 square foot fuel canopy over the existing fuel pumps. The 120-Day Review Period Expires on December 31, 2014. Attachments • Ordinance for PUD District Review • Summary Ordinance • Resolution for Site Plan Review • Development Agreement SOUTHWEST TRANSIT BUS GARAGE ADDITION 2 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2014-PUD- -2014 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA,AMENDING CERTAIN LAND WITHIN A ZONING DISTRICT,AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT,AND,ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be amended within the I-2 Zoning District_-2014-PUD-_-2014 (hereinafter "PUD-_-2014- ). Section 3. The City Council hereby makes the following findings: A. PUD- -2014- is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-_-2014- is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-_-2014- are justified by the design of the development described therein. D. PUD-_-2014- is of sufficient size, composition, and arrangement that its construction, marketing, and operation is feasible as a complete unit without dependence upon any subsequent unit. Section 4. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of November 18, 2014, entered into between Southwest Transit, and the City of Eden Prairie, (hereinafter"Development Agreement"). The Development Agreement contains the terms and conditions of PUD-_-2014- , and are hereby made a part hereof. Section 5. The proposal is hereby adopted and the land shall be, and hereby is amended within the I-2 District and shall be included hereafter in the Planned Unit Development -2014- , and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 6. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. This Ordinance 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 21st day of October, 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 18th day of November, 2014. ATTEST: Kathleen A. Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on , 2014. EXHIBIT A PUD Concept- SouthWest Transit Bus Garage Addition 2 Lot 1, Block 1 Rueter Addition, according to the recorded plat thereof, Hennepin County, Minnesota (Abstract Property) SOUTHWEST TRANSIT BUS GARAGE ADDITION 2 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. -2014-PUD- -2014 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA,AMENDING THE ZONING OF CERTAIN LAND WITHIN ONE DISTRICT,AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99,WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance allows amendment of the zoning of land located at 14405 62nd Street West within the I-2 Zoning District. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on , 2014. (A full copy of the text of this Ordinance is available from City Clerk.) CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2014- A RESOLUTION GRANTING SITE PLAN APPROVAL FOR SOUTHWEST TRANSIT BUS GARAGE ADDITION 2 BY SOUTHWEST TRANSIT WHEREAS, Southwest Transit, has applied for Site Plan approval of SouthWest Transit Bus Garage Addition 2 to construct a bus garage addition and add a fuel island canopy, by an Ordinance approved by the City Council on November 18, 2014; and WHEREAS, the Planning Commission reviewed said application at a public hearing at its September 22, 2014, meeting and recommended approval of said site plans; and WHEREAS, the City Council has reviewed said application at a public hearing at its October 21, 2014, meeting. NOW, THEREFORE,BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,that site plan approval be granted to Southwest Transit, based on the Development Agreement between Southwest Transit and the City of Eden Prairie, reviewed and approved by the City Council on November 18, 2014. ADOPTED by the City Council of the City of Eden Prairie this 18th day of November, 2014. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen A. Porta, City Clerk SUPPLEMENT TO DEVELOPMENT AGREEMENT SOUTHWEST TRANSIT BUS GARAGE ADDITION 2 THIS SUPPLEMENT TO DEVELOPMENT AGREEMENT("Agreement")is entered into as of November 18, 2014, by Southwest Transit, a joint powers entity formed by the Cities of Chanhassen, Chaska, and Eden Prairie, formerly known as SouthWest Metro Transit Commission, hereinafter referred to as "Developer," its successors and assigns, and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City": WITNESSETH: WHEREAS,Developer has applied to City for Planned Unit Development Concept Review on 10.1 acres, Planned Unit Development District Review with waivers on 10.1 acres, Zoning District Amendment within the I-2 Zoning District on 10.1 acres, Site Plan Review on 10.1 acres, legally described on Exhibit A (the "Property"); WHEREAS, the parties desire to amend that certain Development Agreement between Southwest Metro Transit Commission and the City of Eden Prairie for Southwest Metro Transit Bus Garage Addition, dated September 19, 2006 (hereinafter the "Development Agreement) attached hereto as Exhibit D, for that portion of the Property legally described in Exhibit A, attached hereto and made a part hereof, and depicted as the "Amended Area" in the Plans, and made a part hereof; NOW,THEREFORE,in consideration of the City adopting Resolution No. for Planned Unit Development Concept Review, Ordinance No. for Planned Unit Development District Review and Zoning District Amendment within the 1-2 Zoning District on 10.1 acres, Resolution No. for Site Plan Review, developer agrees to construct, develop and maintain the Property as follows: 1. PLANS: Developer shall develop the Amended Area of the Property in conformance with the materials revised and stamp dated August 28,2014,reviewed and approved by the City Council on October 21,2014,(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. EXTERIOR MATERIALS: Prior to building permit issuance,Developer shall submit to the City Planner,and receive the City Planner's written approval of a plan depicting exterior materials and colors to be used on the buildings on the Amended Area. Prior to issuance of any occupancy permit for the Amended Area,Developer shall complete implementation of the approved exterior materials and colors plan in accordance with the terms and conditions of Exhibit C, attached hereto. 6. MECHANICAL EQUIPMENT SCREENING: Developer shall submit to the City Planner,and receive the City Planner's written approval of a plan for screening of mechanical equipment on the Amended Area. For purposes of this paragraph, "mechanical equipment" includes gas meters, electrical conduit,water meters, and standard heating,ventilating, and air-conditioning units. Security to guarantee construction of said screening shall be included with that provided for landscaping on the Amended Area, in accordance with City Code requirements. Developer shall complete implementation of the approved plan prior to issuance of any occupancy permit for the Amended Area. If,after completion of construction of the mechanical equipment screening,it is determined by the City Planner,in his or her sole discretion,that the constructed screening does not meet the Code requirements to screen mechanical equipment from public streets and differing, adjacent land uses, then the City Planner shall notify Developer and Developer shall take corrective action to reconstruct the mechanical equipment screening in order to cure the deficiencies identified by the City Planner. Developer agrees that the City will not release the security provided until Developer completes all such corrective measures. 7. PERFORMANCE STANDARDS: Developer agrees that the Amended Area 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 Amended Area shall be operated so noise,vibration, dust and dirt, smoke, odor and glare do not go beyond the Property boundary lines. 8. PROOF OF PARKING SPACES: Developer and City acknowledge that the 9 proof of parking spaces proposed for the Property, depicted in the Plans and that said spaces are not required to be constructed at this time. At such time as the City Manager,in his or her sole discretion,determines that it is necessary for all or a portion of the proof of parking spaces to be constructed in order to accommodate the use, the City Manager shall notify the Developer in writing of the need to construct additional proof of parking spaces. This notification shall include the number,location and timetable for construction of the additional proof-of-parking spaces. Developer shall comply with all requirements contained in the City Manager's notification. 9. PUD WAIVERS GRANTED: The city hereby grants the following waivers to City Code requirements within the I-2 District through the Planned Unit Development District Review for the Property and incorporates said waivers as part of PUD (list PUD number): A. Front yard setback along Indian Chief Road from 50 feet to 21 feet for the fuel canopy. B. Shoreland impervious surface from 42.2%to 42.3%. 10. SITE LIGHTING: Prior to building permit issuance, Developer shall submit to the City Planner and receive the City Planner's written approval of a plan for site lighting on the Amended Area. All pole lighting shall consist of downcast shoebox fixtures not to exceed 20 feet in height. Developer shall complete implementation of the approved lighting plan prior to issuance of any occupancy permit for the Amended Area. 11. Developer agrees to and reaffirms all of the terms and conditions and accepts the obligations of"Developer"under the Development Agreement except as inconsistent with or amended by this Supplement. 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 SOUTHWEST TRANSIT By Its STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2014,by , the , of SouthWest Transit , a joint powers entity, on behalf of the joint powers entity. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 EXHIBIT A DEVELOPMENT AGREEMENT--SOUTHWEST TRANSIT BUS GARAGE ADDITION 2 Legal Description Lot 1, Block 1, Reuter Addition, according to the recorded plat thereof, Hennepin County, Minnesota. (Abstract Property) EXHIBIT B DEVELOPMENT AGREEMENT - SOUTHWEST TRANSIT BUS GARAGE ADDITION 2 Sheet Number G000—Cover Sheet dated 8/28/14 by LSA Sheet Number G001—Code Diagram& Summary dated 7/31/14 by LSA Sheet 1 of 1—Boundary, Location, Topographic, and Utility Survey dated 07/02/14 by Sunde Land Surveying Sheet Number C000—Civil Abbreviations, Legends, and USGS Quad Map dated 7/31/14 by LSA Sheet Number C100—Erosion Control and Demolition Plan dated 07/31/14 by LSA Sheet Number C200—Site Layout& Surfacing Plan dated 07/31/14 by LSA Sheet Number C300—Grading Plan dated 07/31/14 by LSA Sheet Number A100—Floor Plan dated 07/31/14 by LSA Sheet Number A200—Floor Plan, Reflected Ceiling Plan & Roof Plan dated 07/31/14 by LSA Sheet Number A300—Canopy Plan & Existing Conditions dated 08/27/14 by LSA Sheet Number A400—Canopy Elevation and Section dated 08/27/14 by LSA Sheet Number A500(1)—Canopy Elevations dated 08/27/14 by LSA EXHIBIT C DEVELOPMENT AGREEMENT — SOUTHWEST TRANSIT BUS GARAGE ADDITION 2 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 Amended Area before the Development Agreement and all approvals listed above were approved. V. Provisions of this Agreement shall be binding upon and enforceable against the Property and the Owners, their successors and assigns of the Property. VI. The Developer hereby irrevocably nominates, constitutes, and appoints and designates the City as its attorney-in-fact for the sole purpose and right to amend Exhibit A hereto to identify the legal description of the Property after platting thereof. VII. Developer represents that it has marketable fee title to the Property, except: INSERT ANY NAME/COMPANY LISTED IN ANY OWNER'S SUPPLEMENT TO THE DEVELOPER'S AGREEMENT) With respect to any interest in all portions of the Property which Developer is required, pursuant to this Agreement, to dedicate or convey to the City (the "Dedicated Property"), Developer represents and warrants as follows now and at the time of dedication or conveyance: A. That Developer has marketable fee title free and clear of all mortgages, liens, and other encumbrances. Prior to final plat approval,Developer shall provide to the City a current title insurance policy insuring such a condition of title. B. That Developer has not used, employed, deposited, stored, disposed of, placed or otherwise allowed to come in or on the Dedicated Property,any hazardous substance, hazardous waste, pollutant, or contaminant, including, but not limited to, those defined in or pursuant to 42 U.S.C. § 9601,et. seq.,or Minn. Stat., Sec. 115B.01,et. seq. (such substances, wastes, pollutants, and contaminants hereafter referred to as "Hazardous Substances"); C. That Developer has not allowed any other person to use, employ, deposit, store, dispose of,place or otherwise have,in or on the Property,any Hazardous Substances. D. That 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 Amended Area. Developer agrees to develop the Amended Area in accordance with the requirements of all applicable City Code requirements and City Ordinances. IX. Prior to release of the final plat,Developer shall pay to City fees for the first three(3)years' street lighting on the public streets adjacent to the Property(including installation costs, if any, as determined by electrical power provider), engineering review, and street signs. X. Developer shall submit detailed water main, fire protection, and emergency vehicle access plans to the Fire Marshal for review and approval. Developer shall follow all the recommendations of the Fire Marshal. XI. Developer acknowledges that the rights of City performance of obligations of Developer contemplated in this agreement are special, unique, and of an extraordinary character, and that, in the event that Developer violates, or fails, or refuses to perform any covenant, condition, or provision made herein, City may be without an adequate remedy at law. Developer agrees,therefore,that in the event Developer violates,fails,or refuses to perform any covenant, condition, or provision made herein, City may, at its option, institute and prosecute an action to specifically enforce such covenant, withhold building permits or rescind or revoke any approvals granted by the City. No remedy conferred in this agreement is intended to be exclusive and each shall be cumulative and shall be in addition to every other remedy. The election of anyone or more remedies shall not constitute a waiver of any other remedy. XII. Developer shall,prior to the commencement of any improvements,provide written notice to Comcast of the development contemplated by this Development Agreement. Notice shall be sent to Comcast Cable, 9705 Data Park, Minnetonka, Minnesota 55343. XIII. Prior to building permit issuance,all fees associated with the building permit shall be paid to the Inspections Department,including;Building permit fee,plan check fee,State surcharge, metro system access charge(SAC),City SAC and City water access charge(WAC),and park dedication. Contact Metropolitan Waste Control to determine the number of SAC units. XIV. Prior to building permit issuance, except as otherwise authorized in the approved Plans, existing structures, wells and septic systems (if present) shall be properly abandoned or removed as required by City ordinance and all permits obtained through the Inspections Department. XV. Prior to building permit issuance,provide two copies of an approved survey or site plan(1"= 200 scale)showing proposed building location and all proposed streets,with approved street names, lot arrangements and property lines. XVI. The City shall not issue any building permit for the construction of any building,structure,or improvement on the Amended Area until all requirements listed in this Exhibit C have been satisfactorily addressed by Developer. XVII. No failure of the City to comply with any term,condition,covenant or agreement herein shall subject the City to liability for any claim for damages, costs or other financial or pecuniary charges. No execution on any claim, demand, cause of action or judgment shall be levied upon or collected from the general credit, general fund or taxing powers of the City. XVIII. Prior to issuance of the first building permit for the Amended Area, 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. XXI. The Developer hereby grants the City, it's agents, employees, officers and contractors a license to enter the Property to perform all work and inspections deemed appropriate by the City in conjunction with this Agreement. XXII. This Agreement is a contract agreement between the City and the Developer. No provision of this Agreement inures to the benefit of any third person,including the public at large,so as to constitute any such person as a third-party beneficiary of the Agreement or of any one or more of the terms hereof, or otherwise give rise to any cause of action for any person not a party hereto. XXIII. Except as specifically authorized by the Director of Public Works,no permit shall be issued for the Amended Area until the Developer has recorded the final plat with Hennepin County Recorder's Office/Registrar of Titles' Office. EXHIBIT D DEVELOPMENT AGREEMENT—SOUTHWEST TRANSIT BUS GARAGE ADDITION 2 Copy of Development Agreement Southwest Metro Transit Bus Garage Addition, dated September 19, 2006. (Attached) CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar November 18, 2014 DEPARTMENT/DIVISION: ITEM DESCRIPTION: IEM NO.: VIII.C. Randy L. Slick Final Plat Report of RSOP Twenty Public Works/Engineering Fourteen Requested Action Move to: Adopt the resolution approving the final plat of RSOP Twenty Fourteen. This proposal is for the plat located at 6855 and 6889 Rowland Road. The plat consists of 5.04 acres to be platted into one lot. The project site is currently occupied by the existing Margaret A. Cargill Philanthropies (MACP) office and Albin Funeral Chapel. MACP has acquired the Albin Funeral Chapel property to accommodate its proposed building expansion. Background Information The preliminary plat was approved by the City Council on September 16, 2014. Second reading of the Rezoning Ordinance and final approval of the Developer's Agreement was completed on October 21, 2014. Approval of the final plat is subject to the following conditions: • Receipt of engineering fee in the amount of$806.40 • Revision to plat shall include drainage and utility easements over all wetlands and wetland buffers • The requirements as set forth in the Developer's Agreement. • Prior to release of the final plat, Developer shall provide to the City a current title insurance policy. • Prior to release of the final plat, Developer shall pay to the City 5% of the construction value of the public infrastructure. • Provide a list of areas (to the nearest square foot) of all lots, outlots and right-of ways certified by surveyor. • Prior to release of final plat, Developer shall submit a 1"=200' scale reduction of final plat. Attachment • Resolution • Drawing of final plat CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2014- A RESOLUTION APPROVING FINAL PLAT OF RSOP TWENTY FOURTEEN WHEREAS, the plat of RSOP Twenty Fourteen has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder; and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council: A. Plat approval request for RSOP Twenty Fourteen is approved upon compliance with the recommendation of the Final Plat Report on this plat dated November 18, 2014. B. That the City Clerk is hereby directed to supply a certified copy of this resolution to the owners of the subdivision of the above named plat. C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the Eden Prairie City Council on November 18, 2014. Nancy Tyra-Lukens, Mayor ATTEST: SEAL Kathleen Porta, City Clerk RSOP TWENTY FOURTEEN C.R.DOC.NO. KNOW PILFERSONS BYTHESE PRESENTS:Tot Ttndand Shady Oak Propwtks.LLC a Minna.limited ILNllry EDEN PRAIRIE.MINNSOTA / I company.tee omen,of the following described property slowed In the County at 11EN Tn.STAN•...toT,. / I wit TIN pant of RSOPTWEND,FOURTEEN vas approved am accepted by the CityCnundl of Eden P=Wp,Aines°,ata mENAPO Nng thereof hold ebb_dm of 20 .If appllmbie,the written / Lars Lard2.Block25Xa0Y ON(BULNESS CENTER.aaading touter recorded plat thereof,Hennepin County, Armen¢and recommendations of theCornodmar ofTranyoruam and the County Highway Eng•e•hoa / I Minnesota been recesRd by the ON athe presWbed 30dar period has elapsed without receipt of such commen¢and recommendations.as provided by Soros.,se..SOSO3,Se /b•rkion P. •/ :={ p ea e Nuousad Nevme to h•surveyed end plated.RSOPTWENTY FOURTEEN,and dears hereby dedicate to Ne bllc•r public me forever the emen as shown an NW plat for drainage and utility AMA=eery. I OW CoundL Eden Fralrkt Manse¢ / � j Ip In whom whereof sold Rowland Shady Oak Prop..as...a Minnesota llmtted liability company,has mono.Nese / I 1 +i- rto pr=en¢to rya Opal by its proper°Meer NO day Or BY Maya Y. O Berk a 1 su I UC SIGNED:ROWUXD SHADY OAR MPG:DIES, / J� 1 • Y .as READENTAND REAL ESTATE 5ERN05,Nennepin County,MNnmf I ?0•3'�h 1� 8 ' r. Norm P.Mnnlry ) 1 I -_{ I hereby ANrr that ere payable In PO_and prlayoars haw been paid tor land described an this plat elated Nis / ' •- STATE F MiNNFSOTa / 1 COUNTY OF Mark V.Oupts County AUdnor 1 1 / / 1 I The foregoing Instrument war ec•oviedBed before me Nis_Nora( 20,_.by Ospury I N66'SB 1TE 710.00 / - 11 \ Shywn P.gnnlry, of Rowland Study Oak RopeNq LLC,a Mlnnmmlimhed BNB, By: Lee17.47 } / •�{ 1 company,an behan or the company. - R-194285 ' /ysar. r�3x 1 MO'YY04• -• / :j , 1 SURVEY DNWDX,Nmnryln tourer,Mlnn•aa / r4,,•�' 1 Notary Public County, XomryPrlmed Sensef1 Mr CemmIsslan Evolves Pursuant=Ml0MmMStaates Section 000BS65(1969).NR plat has DR \ / 4�a'�3�/ / \ been approved ON mYof x0_. • _ err CAmfaR Mr -)/• % // NI I 1 1 rang.Namp=n mharebr certify Net this pbtruprepared bYmeaundernry airanaupMdm;thalema - I i \ — PwnaAPIXCADDsgrpce 2%U.N /''- \ duly Licensed Lam Survarwin N•SOO of Minnesum;thathhplet k a contra represemamn of the boundary Chris F.M.W,CoumyOAN yoo _• j'. ; /,�I,vsp I I 11 1 rveythm an mathama.010am andlabeb era crreNyadgmhd on thbplm Net all monuments depletes on ✓ Y NO platheee beeSo9•O be corredlyaat.N.one yar:that ell tenter been...endues lends,asmnned in \ 'err twva / �/ / I J 1 Minnev=Steatas SeNOn SOS.01,Subdt•of[Re date or AN ANS..ere shown and labeled an this Plae or. Ste �' : / / i/ \ _$I / �I all public rryaare shown and lebNed on this plat _ ^ O // - �- Dated thb dal o! _ I •. 1I1 h J / % i 1 Ems• COUNTY RECORDER.Nen.,In County,PNnnvate 6 t there _- / fig/ I _-_ _. \II >� w. Memo F.Hamrecorded M certify that the within plat al RSOP TWENTY FOURTEEN war _ 7. T • 1 Hampton, ri•Bland StewroO emNe NN.OMmthh�day of _ -'` / �i 11 \ Mlniwmmticenre Xaa) O'.oh�M I s 1 t /Y ''// i.. _ \\ .�O11. TE OF MINNESOTA Mahn MSormla.County RocoNer , �+ y.I v / / / T- _ \ [r7'bv .. COUNTY OF U 1 •v // S/ f: \\\ "� foregoing llutamamw=adraw BY- .Deputy ———-� : 4 1 A. ./0. L D T 1 \\ o ✓ Twig.Mare meNls—day or _,by Q m ma F.Pompton.a soared Land Surveyor. I +ter . BLOCK 1 \ SS t Tpn nP0010. � GRIN OR•tr.AAM Namry Pnmud Name " S.ISI, .. . .. ., .'8 _ \\mice --A \ S 1`` R \ a\.. EA a 6 >\\. g \6� = :{ : \ `'JJ�'` SEE ,a lt 1 ?q n\ DETAIL a°4'mcvarlAe Rt'i: \ l LOT 1 1 6 \���"� __ Nml�s ap \\t0 a, e _ s _1_..____________� NORTH BLOCK 1 \ >,LS. e 56836'iTW 253.19 �0.16 567b5'54'E 200.64 m rp'a Ecti l S07bT46'E 507b746•E ® \ N ROWLAND ROAD e 0.16 �.1 56791554E 200,64 H DETAIL .,5885817-W 257.19 • O DENOTES Ina err la INCH IRON MONUMCATSCT / _ AND MARKED BYUCENSE NO.g)ags. • DENOTES VP INOI IRON MONUMENT FOUND. ROAD i / I THE SOUTH UNE OF Ire x,BLOCx;SHADY DAB " BUSINESS CENTER,IS ASSUMED TO HAVER BEARING - Ie'." OF SOUTH Be DEGREES SR MINUTES IT SECONDS _ / �U,i SAMBATEK,INC. ENGINEERING,PLANNING AND LAND SURVEYING CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar November 18, 2014 DEPARTMENT/DIVISION: ITEM DESCRIPTION: 11-5800 ITEM NO.: VIII.D. Carter Schulze Approve acquisition of Parcel 34 for the southern segment of the Shady Oak Public Works/Engineering Road Improvements Requested Action Move to: Approve acquisition of Parcel 34 for the southern segment of the Shady Oak Road Improvements in the amount of$40,750. Synopsis In addition to the $32,500 negotiated value of the land for parcel 34, the total agreed amount includes a tree allowance of$8,250 based on the contract bid value of trees to be replaced on the property. Rather than have the City's contractor plant replacement trees, the owner of the parcel will use the tree allowance to plant their own trees. Background Information The City Council previously authorized the City Engineer and City Attorney to pursue the acquisition of easements for the southern segment of the Shady Oak Road Improvements. After negotiations between the City and the property owner over the value of the land and trees, a settlement amount was agreed to by both parties. Attachments Agreement I E NGINEERS P LANNERS I.11I D ESIGNERS Consulting Group,Inc. SRF No. 7577-0290 AGREEMENT Shady Oak Road Improvements Phase II Project No.: SAP 181-020-030; SAP 027-661-050; CP 11-5800/City of Eden Prairie Parcel No. 34 Fee Owner(s): Rowland Shady Oak Properties, LLC On this V/'" day of N O Ve VYl I,e Y , 2014, Rowland Shady Oak Properties, LLC, a Minnesota limited liability company, Owner(s) of the above described parcel of property located in the City of Eden Prairie, State of Minnesota, did execute and deliver a conveyance to the aforesaid real estate to the City of Eden Prairie. This agreement is now made and entered as a Memorandum of all the terms, and the only terms, agreed upon in connection with the above transaction. It is hereby acknowledged and agreed upon between the parties that: 1. The Owner(s) have been furnished with the approved estimate of just compensation for the property acquired and a summary statement of the basis for the estimate. The Owner(s) understand that the acquired property is for use in connection with the construction of Shady Oak Road project. 2. The Owner(s) have no knowledge that SRF's Representative has any direct, indirect, present or contemplated future personal interest in the property or in any benefits from the acquisition of the property. 3. That in full compensation for the conveyance of said property; the City of Eden Prairie shall pay all interested parties the sum of$40,750.00 for land and damages. Owner(s) understands that payment by the City of Eden Prairie must await approval by the City of Eden Prairie, recording of the conveyance and processing of a voucher. 4. If requested by the acquiring agency, the Owner(s)will cooperate and adjust for clerical errors, any or all documentation if deemed necessary or desirable at the reasonable discretion of the acquiring agency. The Owner(s) agree to comply with this request within 30 days from the date of mailing the request. 5. Additional: a. A tree allowance of$8,250 has been added to the offer of$32,500, for a total of$40,750. No trees will be planted during construction and Cargill will use the$8,250 to plant trees after construction. b. The Bryant Lake sign was moved to the north,therefore, the 20 square foot fee has been eliminated. c. The construction plans do not require relocation of a flag pole and associated lighting on the property. Should such relocation become necessary, the City will coordinate relocation with the Owner(s) and replace or restore the flag pole or associated lighting. d. Attached as Exhibit A is a parcel sketch showing the location of the easements and rights-of-way conveyed by the Owner(s)to the City of Eden Prairie. e. The contractor hired by the City of Eden Prairie to perform construction for the project known as the Shady Oak Road South Improvements will install and maintain a construction fence along the edges of the construction area. The City of Eden Prairie and its contractor will bear the cost of installing, maintaining, and removing the construction fence. f. The Owner(s)will be listed as additional insured on liability coverage carried by the contractor hired by the City of Eden Prairie to perform construction for the project known as the Shady Oak Road South Improvements. g. Attached as Exhibit B is the tree removal plan for the property. It is understood and agreed that the entire agreement of the parties,is contained in this Memorandum of Agreement and the conveyance documents dated Sj Q V VYI}7e- t i ap I 4,- and that these Agreements supersede all oral agreements and negotiations between the,parties. Rowland Shady Oak Properties,LLC City of Eden Prairie By: . e _.r By: Its: 7A----,7--r---, t _°;r± Its: i PROPOSED TEMPORARY EASEMENTy' ® PROPOSED RIGHT OF WAY �'r PROPOSED DRAINAGE & UTITLITY EASEMENT - ter -- - p OAK Rpp.D __ �� 1 r. OSHA i- � I _ 13 ____________ _ r. ;il ( , - F ,1I '' 11 PRELIMINARY M 4 R • SUBJECT TO CHANGE T ' iA ' 1 / 14/2014 ` ` . Oy. r 1 CT U L L• 9 D SD 1D0 sea in-Peer AREA COMPUTATIONS EXISTING PARCEL = 108,561 SF (2.49 ACRE) = PROPOSED R/W = 413 SF (0.01 ACRE) N. APPRAISAL ASSUMPTIONS: -PATIO NOT TO BE DISTURBED. REMAINING PARCEL = 108,048 SF (2.48 ACRE) I. -REMOVAL OF SOME TREES ALONG SHADY OAK ROAD PROPOSED TEMPORARY EASEMENT = 7,276 SF (0.17 ACRE) 6 WILL OCCUR DURING CONSTRUCTION. PROPOSED D/guibinq SF ( 0.01 ACRE) a_ Bli;,i Right of Way Acquisition Parcel 34 Consulting(iroup,lnc. Shady Oak Road Job 7577 City of Eden Prairie 1I1412014 EXHIBIT A GENERAL NOTES: /I y PROTECT AU. TREES THAT ARE NOT MARKED FOR REMOVAL (INCIDENTAL I. • elL pm) �t SEE SIGNING REMOVAL PLANS AND TABS L. - FOR SIGN REMOVALS. ' , \\,.../e//1 ALL TREES TO BE CLEARED AND GRUBBED WILL l BE NARKED BY THE FIELD ENGINEER. {{ SEE TRAFFIC SIGNAL PLANS FOR SIGNAL 1� 4 •`� SYSTEM REMOVALS. Ii if REMOVALBITUMIN CO CURB MARKED FOR REMOVAL CONSIDERED INCIDENTAL. !� • \ ,1;1 I;; r' N.B. SHADY OAK RD. REMOVE SIGN TYPE spEigsL i JI, ■�J +Wl.oeo •• I �-{!I-_ t REMOVE SIGN TYPE '- �0,At' . BEG IN 5.L.F. kal-20-p3I ` `\\ � I r r J 0 41 ''�v"r' G.7.''1 r-G6S-D59 1� rf! iI ©`Z- + y G.?. II-9BOO i' �� . ,�•• ,� E N.3. SHA3T CAR ROAD ff + - STA- 33+03.23 , / aims r'✓ YAF.M nitiAL EX. R/w _•-,4 .;-'S' ,✓f PROP. R/w - ��y .0E1, 6� 1 C� :W[SrAucrrDN Jnrlr� y� a .',,* .0 EX. HA -- i2' - _ _ t ems' y 4 9 T T.E. Q9•-....gilt .-- -._ ~.� ~ :rJ 0° .•f..: y SST l � / 90 . r - � - '" Y ;� •�.4y a y��'_ L �i 1 - visTE: A i F'L-AC SS f 3) --- - 15Q — 1-. - _ : � • Ta,(s'-...�'LT� s��..�:..ra--" �f - �;'`��'.J• �`''t' lr+��,.� ra REM Ilt ]}lymfNrAL Q L. ., --��r r 68 � �_ am' =—> /�-�► r,� EX. D/U I p r 7+fl1'✓:`.ti OAE, F.E. 1J ` ,� ' > 'lF )37 O t T,) CONSTRLCTIOH LIMITS R./ 4�•T50� J g ROWLAND RD. G©y /� rL S.B. SHADY OAK RD. NOTE: 'OR°..W L1 TE IF.th l HL1 NOTES: ® SARING BITUMINOUS PAVEMENT (FULL DEPTH) ENVIRONMENTALLY 7 '0 • -i © REMOVE CHAIN LINK FENCE SENSITIVE AREA Y' �j REMOVE GATE VALVE&BOX ADJUST VALVE BOX r' REMOVE MANHOLE OR CATCH BASIN „ LEGEND (0 ADJUST FRAME AND RING CASTING 1n © SALVAGE HYDRANT 990.500� r . I , REMOVE CURB AND GUTTER CLEAR AND GRUB TREE (TREE) { I ©El REMOVE CASTING IR iI1 C-�1</-� ABANDON PIPE SEWER (SANITARY)ICI REMOVE BITUMINOUS WALK i PROTECT LIGHT POLE TO REMAIN (INCIDENTAL) tt4-/-REMOVE SEWER PIPE (STORM) ti '�.Ta REMOVE CONCRETE DRIVEWAY RECONSTRUCT DRAINAGE STRUCTURE 1 © REMOVE POST -/fVf ABANDON/REMOVE WATERMAIN � REMOVE BITUMINOUS DRIVEWAY 7/-' REMOVE BITUMINOUS PAVEMENT p_�•' REMOVE CONCRETE WALK\MEDIAN 'A f [1 REMOVE CONCRETE PAVEMENT � :1 MILL BITUMINOUS PAVEMENT (2.0") 1 .--,_.., 3I IL CLEAR AND GRUB TREE (ACRE? ▪ REMOVE PAVEMENT \�r {. r .ti'4` ./- v In CITY OF EAR! PRAIRIE SHEET p4'�rw ��,� ENGINEERS R?'H4M rfc _es RTaE a y,.,G _WEAR P LANNERS REMOVAL PLANS 124 y:Ix:c c ECRU u1 �A` TW-�oi•�• a.+ ¢� ..„, „, • , ,p DESIGNER 5 T.H.212 & C.S.A.H.Si(SHADY OAK ROAD)INTERCHANGE OF r .__.rs--+N:+Enrla•LTS:-rra.R,ea, E:a Y Gffi ,,�,� i0n:i Consulting Group,Inc_-_ �-.�+t r,� ;�.� rlo, m,e+-a N.B. SHADY OAK RD. STA. 98+08.23 TO STA. 102+75.D0 354 EXHIBIT B QUITCLAIM DEED STATE DEED TAX DUE HEREON: $ EXEMPT Date: N OVtYMji'Y , 2014 FOR VALUABLE CONSIDERATION, Rowland Shady Oak Properties, LLC, a Minnesota limited liability company, Grantors, hereby conveys and quitclaims to the COUNTY OF HENNEPIN, Grantee, a body politic and corporate under the laws of the State of Minnesota, real property in Hennepin County, Minnesota, together with all hereditaments and appurtenances belonging thereto. The real property described on the attached Exhibit A: Rowiafid Shady Oak roperties, LL,� By: )----L.4 • c Its: President STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this P-14 day of November, 2014, by Paul G. Busch the President of Rowland Shady Oak Properties, LLC, a Minnesota limited liability company, on behalf of the company. /614 n �� Note Public • *aFa EUZABETH CANNEY BORER 4 . • NOTARY PUBLIC-MINNESOTA 1`v My Commission Expires Jan.31,20''[•, 11 .fir•.AAA nM.•.MMl1NL'.• Accepted: Assistant/Deputy/County Administrator Date This Instrument was Drafted by: Tax Statements for the real property SRF Consulting Group,Inc.as Agent for described in this instrument should be sent to: Hennepin County Department of Public Works Hennepin County Department of Public Works Right of Way Division Right of Way Division 1600 Prairie Drive 1600 Prairie Drive Medina,MN 55340-5421 Medina,MN 55340-5421 Page 1 of 2 Parcel 34 EXHIBIT A (Quit Claim Deed to Hennepin County) A perpetual easement for roadway and utility purposes over, under, across and through that part of Lot 1, Block 2, SHADY OAK BUSINESS CENTER, according to the recorded plat thereof, described as beginning at the southeast corner of said Lot 1; thence North 87 degrees 34 minutes 59 seconds West, assumed bearing, along the south line of said Lot 1 a distance of 19.40 feet; thence North 02 degrees 24 minutes 39 seconds West a distance of 43.42 feet to the easterly line of said Lot 1; thence southeasterly along said easterly line a distance of 49.03 feet to the point of beginning. Together with a perpetual easement for roadway and utility purposes over, under, across and through that part of said Lot 1 described as commencing a the southeast corner of said Lot 1; thence northwesterly along the easterly line of said Lot 1 a distance of 104.68 feet to the point of beginning of said perpetual easement; thence South 67 degrees 49 minutes 24 seconds West a distance of 10.00 feet; thence North 22 degrees 10 minutes 36 seconds West a distance of 10.00 feet; thence North 67 degrees 49 minutes 24 seconds East a distance of 9.97 feet to the easterly line of said Lot 1; thence southeasterly along said easterly line a distance of 10.00 feet to the point of beginning. Together with a 4.00 foot perpetual easement for drainage and utility purposes over, under, across and through said Lot 1. Said perpetual easement lies westerly of and adjacent to a line described as commencing at the southeast corner of said Lot 1; thence North 87 degrees 34 minutes 59 seconds West, assumed bearing, along the south line of said Lot 1 a distance of 19.40 feet to the beginning of said line; thence North 02 degrees 24 minutes 39 seconds West a distance of 43.42 feet to the easterly line of said Lot 1 and there terminating. Except that part thereof dedicated as drainage and utility easement in said SHADY OAK BUSINESS CENTER. Page 2 of 2 Parcel 34 TEMPORARY CONSTRUCTION EASEMENT GRANT THIS EASEMENT GRANT is made by Rowland Shady Oak Properties, LLC, a Minnesota limited liability company, (hereinafter referred to as the "Grantor") in favor of and to the City of Eden Prairie, a Minnesota municipal corporation (hereinafter referred to as the "Grantee"). The following recitals of fact are a material part of this instrument: A. The Grantor is the owner of a tract of land described as follows (hereinafter referred to as the "Parcel"): B. The Grantor wishes to grant and convey to Grantee a temporary construction easement over, under, and across those parts of the Parcel described as follows (hereinafter referred to as the "Temporary Construction Easement"): A temporary easement for construction purposes over, under, across and through that part of Lot 1, Block 2, SHADY OAK BUSINESS CENTER, according to the recorded plat thereof, described as commencing at the southeast corner of said Lot 1; thence North 87 degrees 34 minutes 59 seconds West, assumed bearing, along the south line of said Lot 1 a distance of 19.40 feet to the point of beginning of said temporary easement; thence North 02 degrees 24 minutes 39 seconds West a distance of 43.42 feet to the easterly line of said Lot 1; thence northwesterly 55.65 feet along said easterly line to a point distant 104.68 feet northwesterly, as measured along said easterly line, from the southeast corner of said Lot 1; ; thence South 67 degrees 49 minutes 24 seconds West a distance of 10.00 feet; thence North 22 degrees 10 minutes 36 seconds West a distance of 10.00 feet; thence North 67 degrees 49 minutes 24 seconds East a distance of 9.97 feet to the easterly line of said Lot 1; thence northwesterly along said easterly line a distance of 470.12 feet to the northeast corner of said Lot 1; thence southwesterly along the northerly line of said Lot 1 a distance of 27.00 feet; thence South 08 degrees 25 minutes 28 seconds East a distance of 127.08 feet; thence South 89 degrees 59 minutes 06 seconds East a distance of 11.16 feet; thence South 10 degrees 14 minutes 49 seconds East a distance of 30.86 feet; thence North 79 degrees 09 minutes 54 seconds East a distance of 10.00 feet to a line run parallel with and distant 1.00 feet southwesterly of the easterly line of said Lot 1; thence southeasterly along said parallel line a distance of 107.60 feet; thence South 75 degrees 02 minutes 12 seconds West a distance of 9.00 feet to a line run parallel with and distant 10.00 feet southwesterly of Page 1 of 3 Parcel 34 said easterly line; thence southeasterly along said parallel line a distance of 140.95 feet;thence South 69 degrees 39 minutes 42 seconds West a distance of 7.00 feet to a line run parallel with and distant 17.00 feet southwesterly of said easterly line; thence southeasterly along said parallel line a distance of 81.25 feet; thence South 66 degrees 34 minutes 38 seconds West a distance of 3.00 feet to a line run parallel with and distant 20.00 feet southwesterly of said easterly line; thence southeasterly along said parallel line a distance of 72.20 feet to the south line of said Lot 1; thence South 87 degrees 34 minutes 59 seconds East, along said south line, a distance of 3.42 feet to the point of beginning. NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the following grants, agreements, and covenants and restrictions are made: 1. GRANT OF TEMPORARY CONSTRUCTION EASEMENT. The Grantor hereby grants to the Grantee, for its successors and assigns, the Temporary Construction Easement over, under, and across the Parcel. 2. USE OF TEMPORARY CONSTRUCTION EASEMENT. Access for construction purposes including, but not limited to, displacing soil and grading, are permissible over, under, and across the Temporary Construction Easement premises. 3. TERM OF TEMPORARY CONSTRUCTION EASEMENT. The Temporary Construction Easement shall commence on June 1, 2014 and shall expire on June 30, 2016, and any and all right, title, interest, lien or right of possession to the Temporary Construction Easement premises shall thereupon automatically terminate and be of no further legal effect or validity. 4. RESTORATION OF TEMPORARY CONSTRUCTION EASEMENT PREMISES. As a condition of said Temporary Construction Easement grant, Grantee shall, upon completion of construction and prior to termination, restore the ground surface of the Temporary Construction Easement premises to its original condition so far as is reasonably practicable with the exception of any grade changes, bank sloping, ditching, fills, slope construction, cuts and any removal of earth, other materials, trees and other vegetation. 5. WARRANTIES OF TITLE. Grantor warrants and guarantees that Grantor has good and indefeasible fee simple title to the Parcel and Grantor warrants and guarantees that Grantor has the full authority to grant the Temporary Construction Easement provided herein, free and clear of all other claims. 6. RUNNING OF BENEFITS AND BURDENS. All provisions of this instrument, including the benefits and burdens, run with the Parcel and are binding upon and inure to the heirs, assigns, successors, tenants and personal representatives of the parties hereto. Page 2 of 3 Parcel 34 IN WITNESS WHEREOF, the Grantor has hereunto set Grantor's hand this Frrh day of November, 2014. GRANTOR ROWLAND SHADY OAK PROPERTIES, LLC By: ;?2 ��_ �I Its: Pi•-,2_S 1-42_,..4— STATE OF MINNESOTA ) ss COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this W'll day of November, 2014, by Paul G. Busch, the President of Rowland Shady Oak Properties, LLC, a Minnesota limited liability company, on behalf of the company. uL,,,, , : 0.„034A •"isa. ELIZABETH CANNEY BORER Notary ublic 1,,,i, I " f. NOTARY PUBLIC-MINNESOTA �� ,��r My Commission EMpues Jan.3t,?015 r 3J x r NM/�.Mn.M1/`AM-r This Instrument Drafted By: Return to; SRF Consulting Group,Inc.as Agent for Ken Helvey the City of Eden Prairie,MN Principal One Carlson Parkway North,Suite 150 SRF CONSULTING GROUP,INC. Minneapolis,MN 55447-4443 One Carlson Parkway North,Suite 150 Minneapolis,MN 55447-4443 Page 3 of 3 Parcel 34 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar November 18, 2014 DEPARTMENT/DIVISION: ITEM DESCRIPTION: 11-5800 ITEM NO.: VIII.E. Carter Schulze Approve Fence Encroachment Agreement with Rowland Shady Oak Public Works/Engineering Properties, LLC Requested Action Move to: Approve the Fence Encroachment Agreement with Rowland Shady Oak Properties, LLC. Synopsis Rowland Shady Oak Properties, LLC, Owner, wishes to construct and maintain a fence within a City drainage and utility easement on their property. Background Information The southern segment of the Shady Road Improvement project includes the widening and reconstruction of Shady Oak Road from approximately 800 feet north of Rowland Road to 600 feet east of Flying Cloud Drive. Because this roadway widening is occurring along the owner's property, they wish to build a fence for security and privacy purposes within the existing drainage and utility easement. This agreement lists the agreed-upon terms for placing, maintaining, and removing a fence within a drainage and utility easement. Attachments Fence Encroachment Agreement FENCE ENCROACHMENT AGREEMENT This Fence Encroachment Agreement ("Agreement") is made this day of , 2014 by and between the City of Eden Prairie, a Minnesota municipal corporation (hereinafter the "City"), and Rowland Shady Oak Properties, LLC, a Minnesota limited liability company(hereinafter the "Owner"), each of which may hereinafter be referred to as a"Party" or collectively as the"Parties." RECITALS WHEREAS, Owner is the fee owner of real property located in Hennepin County, Minnesota, and legally described as follows: Lot 1,Block 2,Shady Oak Business Center,according to the recorded plat thereof, Hennepin County,Minnesota. (the "Property"). WHEREAS, the City is acquiring by condemnation a perpetual and temporary easement over a portion of the Property, legally described in Exhibit A(the `Basement Area"); WHEREAS, the Owner wishes to construct and maintain a fence within the Easement Area, subject to the terms of this agreement; NOW, THEREFORE, in consideration of the mutual promises and agreements hereinafter set forth, the Parties hereby agree as follows: 1. Fence Encroachment. The Owner, its successors and assigns may construct and maintain a self-supporting fence, fence footings, and fence foundation within two feet (2") to the west from the eastern property line depicted on the plat of RSOP TWENTY FOURTEEN, and subject to the additional terms of this agreement. The Owner is solely responsible for the construction and maintenance of the fence, and the City has no responsibility for the same. 1 2. Fence May Not Interfere With Easement Uses. The fence constructed by the Owner pursuant to Paragraph 1 shall not be constructed in such a way that it interferes with the City's use of and rights under the easements, including but not limited to the following: a. The fence shall not prevent, inhibit, or interfere with the construction, maintenance, and/or use of the trail being constructed by the City in the Easement Area. The fence shall not prevent or inhibit access of the public to the trail. b. The fence shall not prevent, inhibit, or interfere with the placement, maintenance, and use of utilities within the Easement Area, whether such utilities are placed by the City or by a private entity. c. The fence shall not prevent, inhibit, or interfere with traffic or traffic signals within the Easement Area. d. The fence shall not prevent, inhibit, or interfere with the City's construction in the temporary construction easement area, as set forth in Exhibit A. 3. Removal of the Fence. The Owner shall, with thirty(30) day notice from and on request of the City or a utility company, temporarily or permanently remove or relocate some or all of the fence, fence footings, or fence foundation. The City's present and planned use of the Easement Area may change in the future. Use of the Easement Area at a future date may no longer permit a fence to be constructed or maintained in accordance with this agreement. The City and utility companies' use of the Easement area is and shall in the future be paramount and superior to this Encroachment Agreement and the Owner may not object to City or utility company's use of the Easement Area on any grounds, including but not limited to the ground that use of the Easement Area by the City and utility company(s) requires removal or relocation 2 of the fence. Any removal or relocation of the fence shall be at the sole cost and expense of the Owner. 4. Termination of Agreement. Notwithstanding anything to the contrary contained in this Agreement, the City may terminate this Agreement on sixty (60) days written notice to Owner(the "Termination Notice"). Within sixty(60) days of the date of the Termination Notice, the Owner shall remove so much of the Fence as is necessary to remove the encroachment and to comply with any applicable setback requirements then in effect. The Termination Notice shall not affect the Owner's right to submit a petition to the City seeking a variance from the applicable setback requirements, which petition, if so submitted, will be considered by the City in accordance with the City's usual standards for granting or denying petitions for variances. The submission of such a petition shall not extend the 60-day time period for removing the Fence as required by this Agreement. The Owner shall not be permitted to increase the amount or scope of the encroachment. 5. No Further Taking. The Owner and the City hereby agree and stipulate that, in the event the City determines to terminate this encroachment agreement and/or requires removal of the fence, fence footings, or fence foundation such action shall not constitute a taking and the Owner shall not be entitled to compensation under Minnesota Statutes Chapter 117 or Minnesota law. 6. Failure to Remove Fence. In the event the Owner fails to remove or relocate the fence 60 days after demand by the City or after the termination of this agreement pursuant to Paragraph 4, the Parties agree and stipulate that the City may enter the Property and remove or relocate the fence, fence footings, or fence foundation. Owner shall be responsible to reimburse City for any and all costs related to the removal or relocation of the fence, including reasonable 3 administrative and reasonable legal fees and shall pay said costs upon demand. Owner further agrees that the City may assess the Properties any costs and expenses, including reasonable administrative and reasonable legal fees, incurred in the removal or relocation of the fence, fence footings, or fence foundation. 7. Building Permit May Be Required. Prior to constructing a fence, the Owner shall comply with all City Code requirements including any requirements to obtain a building permit pursuant to the City Code for the City of Eden Prairie. This Agreement is not an agreement to issue a building permit. Nothing in this Agreement shall be construed as waiving any portion of the City Code for the City of Eden Prairie. 8. Maintenance. The Owner shall perform, as and when necessary, and pay the cost for, such maintenance of the fence as may be reasonably necessary to maintain the fence in good and aesthetic condition and repair. 9. Indemnity. The Owner shall indemnify, defend and hold the City and its employees, contractors, agents, representatives, elected and appointed officials, and attorneys harmless from any and all claims, damages, losses, costs and expenses, including reasonable attorneys' fees, arising from, based on, or related to the Owner being allowed to continue the encroachment of the fence on the Easement Area, including, but not limited to, any claim asserted against the City as a result of this Agreement, the installation, placement, building, erection, maintenance, occupation or use of the fence and/or failure of the Owner to maintain the fence in such a condition as to prevent against injury to persons or property. 10. Waiver of Claims. The Owner acknowledges City's interest in the Easement Area, and knowingly and voluntarily waives and releases any and all claims against the City arising from, based on, or related.to Owner's being permitted to maintain the encroachment of a 4 fence on the Easement Area as permitted by this Agreement, including but not limited to claims of abandonment, diminution in value, takings and contractual claims arising out of this Agreement, except any claims which are the result of the negligence or willful misconduct of the City or its employees or agents. The Owner acknowledges being represented by legal counsel in connection with this Agreement, and that the Owner has read and understands the terms of this Agreement. 11. Insurance. Owner shall maintain a public liability insurance policy, naming City as an additional insured, which provides coverage for damage to the property of others or injury or death to persons. Such coverage shall be on an occurrence basis and shall include contractual liability coverage with respect to the indemnity obligation in Paragraph 9 above. Said policy shall contain a clause which provides the insurer will not change, non-renew, or materially change the policy without first providing the City thirty(30) days prior written notice. The Owner shall provide the City with a Certificate of Insurance for such coverage that specifically details the conditions of this Agreement. 12. Governing Law. This Agreement shall be construed under Minnesota law. 13. Entire Agreement. This Agreement contains all the terms and conditions relating to the Fence and replaces any oral agreements or other negotiations between the parties. No modifications of this Agreement shall be valid until they have been placed in writing and signed by all parties hereto. 14. Binding Effect. Except as hereinafter provided, this Agreement shall run with the land and bind and inure to the benefit of the parties hereto and their respective heirs, successors and assigns. Notwithstanding anything to the contrary contained in this Agreement, the Owner and each successor owner of the Property shall be fully discharged and relieved of liability under 5 this Agreement upon ceasing to own any interest in the Property; provided, however, that any obligations arising prior to cessation of ownership pursuant to this Agreement shall not be discharged or released by the transfer of the Owner's or successor owner's, as the case may be, interest in the Property. The Owner shall cause this Agreement to be filed for record with the Hennepin County Recorder/Registrar of Title (as applicable) within 30 days of its execution by the Owner and the City. Evidence of filing shall be provided to the City within 30 days thereafter. IN WITNESS WHEREOF, the undersigned have executed this Fence Encroachment Agreement as of the day and year first written above. Rowland Shady Oak Properties, LLC VIlt---1---Q- r --2-- "----IL CI' By: Paul G. Busch Its: President STATE OF MINNESOTA ) ) ss, COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this P16 day of NOveon bQY, 2014,by pottA,t 1221A41 , the pv,Qgcts,RA-- of Rowland Shady Oak Properties, LLC. • 41111*by" ' ' ELIZABETH CANNEY BORER �Q�� 11n1' 1Z f('I I� NOTARY PUBLIC-MINNESOTA �� J`r/��' v V 1 My Commission Expires Jan.31,2015 Notar ublic 4., r 6 The City of Eden Prairie By: Its: STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 2014,by , the of the City of Eden Prairie. • Notary Public This instrument was drafted by: Gregerson, Rosow, Johnson&Nilan, Ltd. 650 Third Avenue South, Suite 1600 Minneapolis, MN 55402-4337 Telephone: (612) 338-0755 7 Exhibit A A perpetual easement for roadway and utility purposes over, under, across and through that part of Lot 1, Block 2, SHADY OAK BUSINESS CENTER, according to the recorded plat thereof, described as beginning at the southeast corner of said Lot 1; thence North 87 degrees 34 minutes 59 seconds West, assumed bearing, along the south line of said Lot 1 a distance of 19.40 feet; thence North 02 degrees 24 minutes 39 seconds West a distance of 43.42 feet to the easterly line of said Lot 1; thence southeasterly along said easterly line a distance of 49.03 feet to the point of beginning. Together with a perpetual easement for roadway and utility purposes over, under, across and through that part of said Lot 1 described as commencing a the southeast corner of said Lot 1; thence northwesterly along the easterly line of said Lot 1 a distance of 104.68 feet to the point of beginning of said perpetual easement; thence South 67 degrees 49 minutes 24 seconds West a distance of 10.00 feet; thence North 22 degrees 10 minutes 36 seconds West a distance of 10.00 feet; thence North 67 degrees 49 minutes 24 seconds East a distance of 9.97 feet to the easterly line of said Lot 1;thence southeasterly along said easterly line a distance of 10.00 feet to the point of beginning. Together with a 4.00 foot perpetual easement for drainage and utility purposes over,under, across and through said Lot 1. Said perpetual easement lies westerly of and adjacent to a line described as commencing at the southeast corner of said Lot 1; thence North 87 degrees 34 minutes 59 seconds West, assumed bearing, along the south line of said Lot 1 a distance of 19.40 feet to the beginning of said line; thence North 02 degrees 24 minutes 39 seconds West a distance of 43.42 feet to the easterly line of said Lot 1 and there terminating. Except that part thereof dedicated as drainage and utility easement in said SHADY OAK BUSINESS CENTER. A temporary easement for construction purposes over, under, across and through that part of Lot 1, Block 2, SHADY OAK BUSINESS CENTER, according to the recorded plat thereof, described as commencing at the southeast corner of said Lot 1; thence North 87 degrees 34 minutes 59 seconds West, assumed bearing, along the south line of said Lot 1 a distance of 19.40 feet to the point of beginning of said temporary easement; thence North 02 degrees 24 minutes 39 seconds West a distance of 43.42 feet to the easterly line of said Lot 1; thence northwesterly 55.65 feet along said easterly line to a point distant 104.68 feet northwesterly, as measured along said easterly line, from the southeast corner of said Lot 1; ; thence South 67 degrees 49 minutes 24 seconds West a distance of 10.00 feet; thence North 22 degrees 10 minutes 36 seconds West a distance of 10.00 feet; thence North 67 degrees 49 minutes 24 seconds East a distance of 9.97 feet to the easterly line of said Lot 1; thence northwesterly along said easterly line a distance of 470.12 feet to the northeast corner of said Lot 1; thence southwesterly along the northerly line of said Lot 1 a distance of 27.00 feet; thence South 08 degrees 25 minutes 28 seconds East a distance of 127.08 feet; thence South 89 degrees 59 minutes 06 seconds East a distance of 11.16 feet; thence South 10 degrees 14 minutes 49 seconds East a distance of 30.86 feet; thence North 79 degrees 09 minutes 54 seconds East a distance of 10.00 feet to a line run parallel with and distant 1.00 feet southwesterly of the easterly line of said Lot 1; thence southeasterly along said parallel line a distance of 107.60 feet; thence South 75 degrees 02 minutes 12 seconds West a distance of 9.00 feet to a line run parallel with and distant 10.00 feet southwesterly of said 8 easterly line; thence southeasterly along said parallel line a distance of 140.95 feet; thence South 69 degrees 39 minutes 42 seconds West a distance of 7.00 feet to a line run parallel with and distant 17.00 feet southwesterly of said easterly line; thence southeasterly along said parallel line a distance of 81.25 feet; thence South 66 degrees 34 minutes 38 seconds West a distance of 3.00 feet to a line run parallel with and distant 20.00 feet southwesterly of said easterly line; thence southeasterly along said parallel line a distance of 72.20 feet to the south line of said Lot 1; thence South 87 degrees 34 minutes 59 seconds East, along said south line, a distance of 3.42 feet to the point of beginning. Said temporary easement to expire on June 30, 2016. 9 CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda November 18, 2014 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 14-5872 ITEM NO.: VIII.F. Leslie Stovring Award Contract to Minnesota Native Public Works/Engineering Landscapes for the Bryant Lake Drive Culvert Repair and Creek Stabilization Project Requested Action Move to: Award Contract to Minnesota Native Landscapes for the Bryant Lake Drive Culvert Repair and Creek Stabilization Project in the amount of$92,475. Synopsis Quotes were received on November 6, 2014 to repair the culvert that carries a section of Nine Mile Creek under Bryant Lake Drive and to stabilize a section of the creek that is downstream from the culvert. The lowest quote was 4% over the engineer's estimate of$88,415. The cost of the project will be paid out of the stormwater utility fund. Four quotes were received and are tabulated as follows: Minnesota Native Landscapes $92,475 Blackstone Contractors $101,312 Veit Contracting $122,000 Rachel Contracting $123,135 Background Information The project was initiated to rehabilitate damaged portions of an existing storm sewer culvert that carries Nine Mile Creek under Bryant Lake Drive. The purpose was to remove and replace the flared end sections of pipe on both sides of Bryant Lake Drive to restore unobstructed flow under the road crossing. Both flared ends had deteriorated and were crushed, forcing the creek to find its way through the pipe that is still intact under the roadway, but eroding the road bank in the process. Earlier this summer, a portion of the embankment for Bryant Lake Drive slumped into the creek and blocked the culvert. At that time the sediment around the culvert was removed and sediment was cleaned out of the creek to minimize flooding. The Nine Mile Creek Watershed District is requiring that the City complete the culvert repair and rehabilitate the creek section that was impacted by this work. The project will rehabilitate the damaged portions of existing storm sewer, replace the flared end sections of pipe on both sides of Bryant Lake Drive, stabilize the creek banks, restore the creek profiles and re-vegetate the disturbed areas. The City contracted with HTPO, a consulting firm, to complete a design and create bidding documents for the project. Attachments Recommendation Letter Quote Tab Z 7 p I Engineering Surveying 71 ;6) Landscape Architecture 1 November 6,2014 M5. Leslie Stovring City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Re: Construction Quotes for the Nine Mile Creek Restoration Project I.C. # 14-5872 Dear Leslie: Quotes (Bids) were received and opened at 10:00 a.m. on Thursday, November 6, 2014 for the above referenced project. The tabulated results are shown on the attached Quote Tabulation. The Engineer's Estimate for this project was $84,915.00. The low bidder, Minnesota Native Landscapes, Inc., came in 3% above the Estimate with a quote of $87,975.00. There was also an Alternate included in the Quotes to perform maintenance of the native turf establishment areas. The City could chose to select the Alternate or to perform the maintenance themselves, Minnesota Native Landscapes gave a Quote of $4,500.00 for the Alternate. If selected, their total Quote for the Project would then be $92,475.00. Recommendation is made that the City Council award E.C. #14-5872 to Minnesota Native Landscapes, Inc., including the Alternate, for the amount of $92,475.00. This recommendation considers that the City Council reserves the right to waive minor irregularities and further reserves the right to award the contract in the best interests of the City. Respectfully, Hansen Thorp Pellinen Olson, inc. ./174" z. Charles J. Howley, PE, CPESC, LEED AP Project Manager 7510 Market Place Drive Eden Prairie, MN 55344 952-829-0700 Enclosures: 952-829-7806 fax Quote Tabulation www.htpo.com HANSEN THORP PELLINEN OLSON, INC. City of Eden Prairie QUOTE TABULATION Hansen Thorp Pellinen Olson,Inc.(HTPO) Nine Mile Creek Stabilization Project-Bryant Lake Drive Culvert Project No.14-054.1 Project 14-5872 Engineer's Estimate Minnesota Native Landscapes Blackstone Contractors Veit and Company Rachel Contracting,Inc. ITEM ESTIMATED UNIT UNIT UNIT UNIT UNIT No. DESCRIPTION UNIT QUANTITY PRICE EXTENSION PRICE EXTENSION PRICE EXTENSION PRICE EXTENSION PRICE EXTENSION 1 Mobilization L.S. 1 $7,500.00 $7,500.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $18,481.25 $18,481.25 $14,000.00 $14,000.00 2 Clearning and Grubbing L.S. 1 $1,000.00 $1,000.00 $1,000.00 $1,000.00 $3,000.00 $3,000.00 $2,900.00 $2,900.00 $10,000.00 $10,000.00 3 In Stream Tree Removal Each 3 $150.00 $450.00 $100.00 $300.00 $300.00 $900.00 $290.00 $870.00 $125.00 $375.00 4 Traffic Control L.S. 1 $1,000.00 $1,000.00 $600.00 $900.00 $300.00 $300.00 $1,160.00 $1,160.00 $4,000.00 $4,000.00 5 Flotation Silt Curtain(Type Moving Water) L.F. 10 $50.00 $500.00 $100.00 $1,000.00 $12.00 $120.00 $31.00 $310.00 $24.00 $240.00 6 Remove and Replace Fence L.F. 20 $30.00 $600.00 $10.00 $200.00 $30.00 $600.00 $58.00 $1,160.00 $35.00 $700.00 7 Removal of Previously Excavated Material C.Y. 110 $25.00 $2,750.00 $60.00 $6,600.00 $100.00 $11,000.00 $38.00 $4,180.00 $42.00 $4,620.00 8 Channel Grading L.F. 275 $5.00 $1,375.00 $10.00 $2,750.00 $18.00 $4,950.00 $9.25 $2,543.75 $27.00 $7,425.00 9 Remove and Replace Metal FES(24") Each 1 $1,500.00 $1,500.00 $400.00 $400.00 $750.00 $750.00 $1,900.00 $1,900.00 $1,100.00 $1,100.00 18 Apron(RCP,36") Each 2 $2,500.00 $5,000.00 $2,200.00 $4,400.00 $1,300.00 $2,600.00 $3,950.00 $7,900.00 $4,195.00 $8,390.00 19 RCP Pipe(36") L.F. 8 $125.00 $1,000.00 $200.00 $1,600.00 $75.00 $600.00 $250.00 $2,000.00 $235.00 $1,880.00 10 Filter Log(Straw Bioroll,6"diameter) L.F. 310 $4.00 $1,240.00 $5.00 $1,550.00 $5.78 $1,791.80 $5.50 $1,705.00 $6.50 $2,015.00 16 Filter Log(Type Coir Bioroll,12"diameter) L.F. 500 $5.00 $2,500.00 $29.00 $14,500.00 $16.80 $8,400.00 $26.00 $13,000.00 $22.00 $11,000.00 11 Topsoil Borrow(LV) C.Y. 200 $40.00 $8,000.00 $30.00 $6,000.00 $55.00 $11,000.00 $33.00 $6,600.00 $20.00 $4,000.00 12 Mediaum Filter Aggregate Borrow(CV) Ton 330 $30.00 $9,900.00 $40.00 $13,200.00 $44.00 $14,920.00 $37.00 $12,210.00 $25.00 $8,250.00 13 Fieldstone Riprap(9"to 15"avg.diameter)(including geotextile C.Y. 50 $120.00 $6,000.00 $92.00 $4,600.00 $95.00 $4,750.00 $115.00 $5,750.00 $127.00 $6,350.00 14 Pipe Bedding(binder stone) Ton 5 $80.00 $400.00 $65.00 $325.00 $50.00 $250.00 $68.00 $340.00 $63.00 $315.00 15 Boulder Cross Vane(including granular filter and riprap) Each 3 $2,500.00 $7,500.00 $500.00 $1,500.00 $2,200.00 $6,600.00 $1,585.00 $4,755.00 $3,200.00 $9,600.00 17 Wattle and Live Stake Restoration L.F. 500 $20.00 $10,000.00 $10.00 $5,000.00 $15.23 $7,615.00 $27.00 $13,500.00 $18.00 $9,000.00 20 Seeding Acre 0.2 $2,000.00 $400.00 $10,000.00 $2,000.00 $2,363.00 $472.60 $5,350.00 $1,070.00 $2,600.00 $520.00 21 Seed Mixture(MN Native Landscapes Woodland Shade) Pound 2 $200.00 $400.00 $200.00 $400.00 $472.50 $945.00 $210.00 $420.00 $550.00 $1,100.00 22 Seed Mixture(34-171,including fertilizer) Pound 1 $200.00 $200.00 $100.00 $100.00 $2.63 $2.63 $95.00 $95.00 $300.00 $300.00 23 Erosion Control Blanket(Category 5) S.Y. 1800 $3.00 $5,400.00 $3.00 $5,400.00 $2.25 $4,050.00 $2.50 $4,500.00 $3.00 $5,400.00 24 Tree-2.5"Diameter B&B(including tree protection) Each 5 $400.00 $2,000.00 $500.00 $2,500.00 $550.00 $2,750.00 $685.00 $3,425.00 $600.00 $3,000.00 25 Tree-#10 Container(including tree protection) Each 13 $300.00 $3,900.00 $250.00 $3,250.00 $185.00 $2,405.00 $355.00 $4,615.00 $200.00 $2,600.00 26 Wood Mulch(Type 6) S.F. 300 $6.00 $1,800.00 $3.00 $900.00 $2.00 $600.00 $1.20 $360.00 $2.50 $750.00 27 Street Sweeping Hours 4 $150.00 $600.00 $250.00 $1,000.00 $110.00 $440.00 $125.00 $500.00 $140.00 $560.00 28 Buckthorn Removal and Treatment Acre 0.2 $5,000.00 $1,000.00 $5,000.00 $1,000.00 $4,000.00 $800.00 $9,500.00 $1,900.00 $2,150.00 $430.00 29 Temporary Turf Establishment(Hydromulch) Acre 0.2 $5,000.00 $1,000.00 $5,000.00 $1,000.00 $4,000.00 $800.00 $5,000.00 $1,000.00 $9,200.00 $1,840.00 Total of Extensions for Quote Items= $84,915.00 $87,975.00 $98,012.03 $119,150.00 $119,760.00 Alternate 1 30 Maintenance of Turf Establishment L.S. 1 $3,500.00 $3,500.00 $4,500.00 $4,500.00 $3,000.00 $3,000.00 $2,850.00 $2,850.00 $3,375.00 $3,375.00 Total of Extensions for Quote Items of Alternate 1= $3,500.00 $4,500.00 $3,000.00 $2,850.00 $3,375.00 TOTAL Project w/Alternate 1= $88,415.00 $92,475.00 $101,012.03 $122,000.00 $123,135.00 CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda November 18, 2014 DEPARTMENT/DIVISION: ITEM DESCRIPTION: IC 14-5874 ITEM NO.: VIII.G. Leslie Stowing Approve Agreement for Preparation of Public Works/Environmental an Illicit Discharge Detection and Response Plan with SRF Consultants Requested Action Move to: Approve the Professional Services Agreement with SRF for the Illicit Discharge Detection and Response Plan in the amount of$60,193. Synopsis The proposal from SRF is to provide an Illicit Discharge Detection and Response (IDDR) Plan. This Plan is required as part of the City's Municipal Separate Storm Sewer Systems (MS4) Permit Program. The cost of the IDDR Plan will be paid out of the stormwater utility. Background Information The Minnesota Pollution Control Agency(MPCA) added a number of new requirements to the City's MS4 Permit Program, including a requirement to develop an IDDR Plan. The scope of work that will be used to complete the IDDR Plan was approved by the MPCA on April 3, 2014. Following are items that will be included in the IDDR Plan: • Review and update regulatory programs that prohibit illicit discharges to the City's storm sewer system and update them as needed. • Prepare methods to incorporate illicit discharge detection inspections for all city staff who work in the field. • Train all field staff to recognize illicit discharge. This will include all staff who work in the field, including utilities, streets, parks, police, fire, building inspection,planning and assessing staff. • Identify priority areas likely to produce illicit discharges. • Develop response plans and emergency response procedures for detecting, remediating and eliminating illicit discharges. • Develop procedures to document all activities focused on detection and elimination of illicit discharges. • Prepare a video for new employee training. • Prepare an IDDR Plan document to incorporate into the City's Stormwater Pollution Prevention Plan (SWPPP)that must be updated by April 3, 2015. The estimated cost is $45,216 to $60,193. Costs will be paid from the storm water utility fund. Attachments Professional Services Agreement Standard Agreement for Professional Services This Agreement ("Agreement") is made on the lat. day of November 2014 between the City of Eden Prairie, Minnesota (hereinafter "City") whose business address is 808D Mitchell Road, Eden Prairie, MN 55344, and SRF Consulting Group, Inc., a Minnesota Corporation (hereinafter "Consultant") whose business address is One Carlson Parkway North, Suite 150, Plymouth, MN, 55447. Preliminary Statement The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of professional services by Consultant for Illicit Discharge Detection and Elimination Proeect 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 ( dated September 10, 2014, revised October 27, 2014 ) 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 November 18, 2014 through December 31, 2014 the date of signature by the parties notwithstanding. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated. 3. Compensation for Services. City agrees to pay the Consultant on an hourly basis plus expenses in a total amount not to exceed $60,193.00 for the services as described in Exhibit A. A. Any changes in the scope of the work which may result in an increase to the compensation due the Consultant shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization_ B. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City. C. If Consultant is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. 4_ City Information. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services: A. Access to the Area. Depending on the nature of the Work, Consultant may from time to time require access to public and private lands or property. As may be necessary, the City shall obtain access to and make all provisions for the Consultant to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work. B_ Consideration of the Consultant's Work. The City shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Consultant, and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the Consultant. C. Standards. The City shall furnish the Consultant with a copy of any standard or criteria, including but not limited to, design and construction standards that may be required in the preparation of the Work for the Project. D. City's Representative. A person shall be appointed to act as the City's representative with respect to the work to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the services provided or materials, equipment, elements and systems pertinent to the work covered by this Agreement. 5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an itemized invoice for professional services performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City for: A. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall indicate for each employee, his or her name, job title, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Consultant shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Consultant shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City's project number and a progress summary sh❑wing 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 2014.04 Page 2 of B 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 Walter Eshenaur and Leah Smith 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 2014.04 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 2014,04 Page 4 of c_ Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. d_ Professional Liability Insurance. In addition to the coverages listed above, Consultant shall maintain a professional liability insurance policy in the amount of $2,000,000. Said policy need not name the City as an additional insured. It shall be Consultant's responsibility to pay any retention or deductible for the professional liability insurance. Consultant agrees to maintain the professional liability insurance for a minimum of two (2) years following termination of this Agreement. e. Consultant shall maintain "stop gap" coverage if Consultant obtains Workers' Compensation coverage from any state fund if Employer's liability coverage is not available. f, All policies, except the Worker's Compensation Policy, Automobile Policy, and Professional Liability 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 for the Worker's Compensation Policy and the Professional Liability 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. 1 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 afforded 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 2014.04 Page 5 of$ 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 AM, 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 2014.04 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 2014.04 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: SRF CONSULTING.GROUP, INC. By: il • Its: ,:,,.. L.,,,f Standard Agreement for Professional Services 2014.04 Page 8 of 8 Exhibit A I it September 10,2014(Revised November 5,2014) Ms. Leslie Stovring Environmental Coordinator City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 SUBJECT: SELECTING THE RIGHT TEAM FOR THE ILLICIT DISCHARGE DETECTION AND RESPONSE PLAN PROJECT-REVISED Dear Ms.Stovring: The following proposal includes a revised budget range and schedule;no other changes have been made, SRF is pleased to submit this proposal to provide professional services for developing an Illicit Discharge Detection and Response(IDDR)Plan for the City of Eden Prairie. Please find our project understanding and scope of work contained in the letter as well as several other pertinent attachments. PROJECT UNDERSTANDING Detecting illicit discharges into storm sewer and ultimately Into the waters of the City and State is an important element in the City of Eden Prairies Municipal Separate Storm Sewer Systems(MS4)program. The Minnesota Pollution Control Agency(MPCA)recently revised the M54 permit for which each city must apply for reauthori- zation. The major component of the MS4 permit is the Storm Water Pollution Prevention Plan(SWPPP), Among other items,the SWPPP must address six Minimum Control Measures(MCM). The City is requesting professional assistance to specifically evaluate and update MCM#3—Illicit Discharge Detection and Elimination(IDDE). In order to address IDDE in its entirety,an IDDR Plan must be developed that will provide several simple tools and training sessions that the City can use in detecting,eliminating,and reporting on illicit discharges. In general,illicit discharges are those that"are not composed entirely of stormwater,'with a couple of exceptions based either on an approved NPDES permit or that are caused by firefighting (General Permit,August,2013), Ex- cept for what has just been mentioned,it is any discharge to the storm sewer system that is harmful to the health or welfare of citizens,to the environment,surface waters,or storm sewer system,Illicit discharges could be sewage,wash water,chemical,or oil spills. ;.,'? �.rs - ` �s ,f; ' While most instances are one-time discharges such as oil or paint that enter 1 4'�'' t 1 !''I rt., , storm sewer or that discharge directly to a water body,In some cases,Illicit ►.�_ �+ c.• .. ; � { discharges can occur over a longer period of time,and may be associated with industrial wastes or sewage, Discharges could be caused by an illegal connection to the storm sewer system creating a direct entry into the storm ' }' ,ram sewer system or by an indirect entry through storm sewer inlets or infiltra- . '. - • • �! •tion with groundwater through joints or cracks in the sewer. As noted earlier, A �•, � llt" illicit discharges can be intermittent,(only occurring a few hours per day or a • " I few days per year),continuous,or transitory,only occurring once, 6. tt ',4! �. , , Detection of illicit discharges to storm sewer or directly to a water body ' ' y -, can either be simple(and sometimes dramatic as illustrated by the photo!) r. •,t*y :.,� ;ir � � or more difficult. High turbidity,presence of odors,floatables,oil film,or _.. ' unusual colors are all signs of an easily detected potential illicit discharge. ;, . `ate L 1441 www.srfconsulting.com One Carlson Parkway North,Suite 150 I Minneapolis,MN 55447-4443 1765.475,0010 Fax:763.475.2429 An Equal Opportunity Employer More difficult situations may include low volumes of turbid discharges that are diluted with storm water,transitory discharges that occur only once,or odorless,colorless chemicals may not be easily detected unless substantial testing is completed. Elimination of illicit discharge may be as simple as removing the source of discharge or as complex as taking legal action against offenders. In most cases,when an illicit discharge is detected,tracking it to the source and then dealing with the owner or removing the source is relatively straight forward, In rare cases,enforcement response procedures must be followed and enforcement actions taken. The following are specific components of an IDDR Plan: • Storm sewer inventory and system map, • Promulgation of regulatory mechanisms that prohibit illicit discharges. • incorporation of illicit discharge detection inspections in all maintenance and inspection activities. • Detecting and tracking illicit discharge sources. • Training of all field staff to recognize illicit discharges. • Identification of priority areas that are likely to produce illicit discharges. • Development of response plans and emergency response procedures for detecting and eliminating illicit dis- charges. • Documentation of all activities focused on detection and elimination of illicit discharges. SCOPE OF WORK In order to update the City's current IDDE program,an IDDR Plan must be developed. The following are our proposed tasks that will result in a well developed,simple to use IDDR Plan. These tasks follow those that were identified In the RFP Additional sub-tasks have been added as necessary—and are identified as such In italics — to complete the work that is necessary to develop an IDDR Plan. SRF's approach to developing the IDDR Plan includes a great deal of communication and collaboration with City staff. Our commitment to quality products centers on high level communication with the project manager and other many others who have a stake in the success of this project, From interviews with City staff to shooting video on City streets,communication is key,and SRF staff have been handpicked to provide just that. A well writ- ten,high quality IDDR Plan and the educational materials and staff training that accompany it are the Cfity's most important goals for this project. SRF's experienced staff lend themselves well to this endeavor. TASK 1 — BACKGROUND INFORMATION 1 .1-REvIEw EXISTING CODES AND DOCUMENTS • City Codes • Existing field inspection forms • Non-degradation Assessment • Existing GIS storm sewer system data • Draft Facilities Inventory • Stormwater Inventory Assessments 1 .2-MEtTiNG5 A number of meetings are outlined in the RFP. They areas follows: • Scoping meeting with the Engineering Department to clarify SRF's scope of work and to identify additional areas of work if needed,set specific schedule deadlines and milestones,and to obtain contacts in other departments. • Conservation Commission meeting • Organize and lead up to six meetings with City departments wwwsriconsultIng.com One Carlson Parkway North,5ulte 1501 Minneapolis,MN 55447-4443 l 763.475.0010 Fax:763.475.2429 2 An Equa!Opportunity Employer 1 .3-MCM #6 DOCUMENT REVIEW MCM 16-Pollution Prevention and Good Housekeeping-relates to the detection of illicit discharges and specifically to potential priority areas to be targeted in Task 2. Review of the facilities inventory is already noted in Task 1.1. Additional work will include reviews of industrial permits,source water protection areas,and pond assessment procedures to iden tilt other potential priority areas. TASK 2 — PRIORITY AREA I DEN IIFICATION 2..1-REVIEW AND ANALYZE LAND USES ASSOCIATED WITH COMMERCIAL AND INDUSTRIAL ACTiVITIES, Based on the work completed during Task 1,this work will identify specific commercial or Industrial priority areas. 2.2•WELLHEAD PROTECTION AREAS This work will include identification of Wellhead and Drinking Water Supply Management Areas(DWSMA)and will overlay these areas with what is accomplished in Task 2.1. This work is similar to and will build upon the Potential Contaminant Source Inventory(PCSI)that was done by the City for the DWSMA designations. 2.3-REVIEW OF CITY RECORDS FOR PAST ILLICIT DISCHARGE VIOLATIONS While documentation review for this work will have been accomplished in Task 1,this task will take the next steps to Interview key staff who were involved in detecting and eliminating the illicit discharge. 2.4-UP TO THREE FIELD VISITS Field visits will be conducted to identify areas where large quantities of materials are being stored and to confirm that the areas Identified In Tasks 2.1 through 2.3 should be prioritized. TASK 3 — IDDR PLAN DEVELOPMENT 3.1 -PLAN PREPARATION. Prepare a report,the contents of which MI be utilized by the City to develop a draft IDDR Plan. The report will include the following sections • Analysis of existing conditions • Priority Area Identification • Inspection schedule and inspection checklists • Procedures for investigating,locating and eliminating illicit discharges. • Emergency Response Plans(ERR)for preventing,containing,and correcting spills. These Plans may be geo- graphically based or chemical based,depending upon the results of the Task 1 and 2 priority area and past spills identification effort. • An IDDE Employee Education Plan. Employee education will comprise a number of events and/or sessions using several learning techniques-lecture,demonstration,video,PowerPoint or Prezi,and discussions. This is address more completely in Task 4. • An IDDE Public Education Plan utilizing various media such as video,the City's Living Green Website,and other social media distribution methods. 3.2-RECOMMENDATIONS FOR ACTIONS OVER AND ABOVE THE IDDR PLAN • Recommendations for revising City Code 5.75. While it does not appear that the City Code needs to be revised, the IDDR Plan exercise may uncover some minor revisions that will need to be adopted. www.srfcansultIng.com One Carlson Parkway North,Suite 150 I Minneapolis,MN 55447-4443 I 763.475.0010 Fax:763.475.2474 3 An Equal Opporrunlry Employer • A recommended data and information tracking system that is easy to use and can be remotely accesses If necessary. The recommendation will also include a list of reports that are necessary for the MPCA and other regulatory agencies to review. - An article on IDDE for the June 2015 Living Green newsletter, The article will be similar to what SRF lust com- pleted for the internal employee e-mail blast. • Future actions that may need to be taken as a result of this exercise. TASK 4 — EDUCATION AND OUTREACH This Is perhaps the most important element of the IDDR Plan, An effective educational and training program for both City employees and City residents can result in a significant increase of awareness of IDDE and can result in reduced spills and the need for corrective actions. Since this is an important goal of this project,we have, put a significant amount of time and budget Into this task, 4.1 CITY STAFF TRAINING This task Includes the development of training materials and training City staff,and especially field staff,to bring them up to speed on IDDE. The training program will include elements such as the definitions of IDDE and 1DDR, what IDDE is and,just as importantly,what it isn't,the protocols for investigating and identifying sources of illicit discharge,municipal codes,procedures for locating and eliminating illicit discharges,notification procedures and individual contacts when an Illicit discharge is located,how to take corrective actions,authorities of City and State offices such as the Police,State Duty Officer and Public Safety Duty Officer,and how to document the process. Training will be completed over a period of time for engineering,utilities,parks,streets,fire,and public safety departments. City maintenance crews and those who travel throughout the city on a regular basis such as fire and police will receive particular attention. Up to 12 training sessions with fire and public safety and one session for each of the other departments will be conducted. 4,2 EDtJCATFONA. VIDEO This video will be developed primarily for City staff,but could be useful for public education a well. We propose to produce a 10- 15 minute long video that can be accessed and watched from any City computer,played on a DVD player,and that can be linked to the City's Living Green website if so desired. The video would be a combination of live action and colorful presentations that will convey important IDDE Information. Specifically,we propose to: • Write the script • Plan,select,and shoot live video within the City • Conduct brief City official and public interviews • Utilize professional voice-over narration where needed • Develop and animate graphics of procedures and other content,perhaps utilizing Prezi if appropriate We propose to provide the video in formats that are appropriate for DVD,computer,and web access. Please contact us If you have any questions or concerns regarding this proposal.We can be reached at 763.475.0010 or weshenaur@srfconsulting.com_ Sincerely, CUaff././C Walter Eshenaur,PE I Senior Associate David Filipiak, PE,CFM I Principal SRF promo Na P!4642 www.sr1consulting.com One Cadson Parkway North,Suite 1501 Minneapolis,MN 55447-4443 1763.475.001 C Fax;763,475,2429 4 An Equol Opportunity Emproyer PROJECT SCHEDULE AND BUDGET ESTIMATED TASK COMPLETION DATE FEE RANGE Task 1 - Background Information _Assumptions GIS data is current and there is no need to - - revise or update it. _ Client Deliverables Documents are listed in RFP plus MCM#6 - - documentation. SRFDeliverables Revised scope as agreed to with the City. - - Meeting minutes. - - December 12,2014 $3,802-$9,228 Task 2 - Priority Area Identification Assumptions No updates to the City GIS database is antici- pated to be completed by SRF=. Recommen- dations will be made for any revisions that might be needed. Client Deliverables Data such as wellhead and drinking water - - supply management areas(GIS). SRF Deliverables Priority areas identified and noted as GIS - - layer/shape file. January 16,2015 $9,638-$15,279., Task 3 Plan Preparation Assumptions Two drafts and one final plan document will -be developed. Client Deliverables IDDIR Plan review comments. - - SRFDeliverables IDDR Plan draft 1,draft 2,and final docu- ment electronically(pdf)and hard copy. Recommendations for additional actions and timeframe. February 20,2015-Final Draft Plan $12,143-$14,045 March 30,2015-Final Plan Submittal Task 4 - Education and Outreach Assumptions Educational materials developed in electron- - - ic form for distribution.Hardcopy of educa- tional materials up to 250 copies, SRFDeliverables Training materials - - Training video - - 16 training events - - May 29,2015 $1 R,826-$20,392 Budget Expenses _ $707-$1.249 Total Estimated Fee $45,216-$60,193 www.srfconsuIting-com One Carlson Parkway North,Suite 150 I Minneapolis,MN 55447-4443 1763.475.0010 Fax:763.475.2429 An Equal Opportunity Employer SRF EXPERIENCE AND EXPERTISE Creating an IDDR Plan as envisioned by the City of Eden Prairie is somewhat new—having been required by the MS4 permitting process only recently. Therefore,most consultants,including SRF,are not experienced in devel- oping a full IDDR Plan. However,the elements that make up the plan are well known and have been developed individually by a number of municipalities through previous MS4 permits and SWPPPs. SRF has a great deal of experience in assisting clients with each of the elements that comprise an IDDR Plan. This section will demonstrate SRF's expertise and experience in developing the components of the IDDR Plan and other elements of MCM#3. SRF STAFF Each staff member below has been carefully selected to provide the City and this project with our best and bright- est. The following provides information on the specific roles and responsibilities each staff member will have within this project. Resumes can be found at the end of this proposal. DAVID FILIPIAK, PE, CFM David will serve as the Principal-In-Charge,and will be responsible for quality control and quality assurance(QA/ QC) for all products that are submitted to the City. David also brings expertise and experience In developing pro- cedures and checklists. WALTER ESI•IENAUR, PE Walter will lead the project as the Project Manager and will serve as the primary liaison to the City for coordination, scheduling,and reporting. Walter brings many years of experience in developing SWPPPs In general and specifi- cally in developing regulatory mechanisms,emergency response plans and procedures,identifying potential illicit discharge locations and priority areas,tracking illicit discharges,visual inspections,and training. Because of his experience in teaching at the University level,Walter will also play a role in developing the materials needed for City staff training. ROGER CLAY, PE, PH With his experience in all aspects of IDDE through projects both here in Minnesota and in Oregon,Roger will serve as the IDDE technical expert in the Identification of priority areas,Inspections,procedures and inspection check- lists.Roger manages SRF's Minot office and will provide technical experience from either Minot or Minneapolis.We do not anticipate any problems with him working remotely. ANDREW MiELKE, AICP Andy will serve as the ERP technical expert for developing the various Emergency Response Plans(ERPs)that will be needed. Andy's experience in developing incident management and emergency response plans and proce- dures for DOTS and Municipalities will serve well in developing the ERPs for the City of Eden Prairie's IDDR Plan. Andy's resume LEAH SMITH Leah will serve as the project engineer and will lead the priority area identification efforts. With her educational background and experience in developing educational curricula,she will also lead the development of the educa- tional materials for City staff training. Leah will also take primary responsibility for document and data review and CITY OF EorN PRAIRIE 6 ILLICIT DISCHARGE DETECTION GIS database review,and,with her experience in developing the emergency response plan for the Hartley Dam in Duluth,will work with Andy to develop the various ERPs that are needed for the IDDR Plan. DAN TINKLcNBERG Dan will serve as our GIS expert. Fle is SRF's GIS unit lead and has worked with the City of Eden Prairie's GIS databas- es on previous occasions. Dans variety of experience lends itself well to GIS database review and especially to the priority area identification effort. LOWELL WAGONER As the graphics and video expert,Lowell will assist Walter,Leah,and others on the team to develop educational and training materials. Lowell is an expert in both graphics and video production,and has produced educational and training videos for numerous clients that are similar to what is envisioned for the IDDR Plan. SRF EXPERTISE AND EXPERIENCE MATRIX The table below utilizes a visual method for representing a significant amount of information in a simple,easily understood format. We have selected a number of projects that best fit the skills needed to develop the IDDR Plan and to educate City staff and the public on IDDE. The projects selected are only representative and are not exhaus- tive. There are many more that could be referenced. SRF TEAM STAFF PROJECT PARTICIPATION MATRIX F's IDDR PLAN COMPONENTS }Numbers correspond to list of projects-see list below Walter David Roger Leah Dan Andrew Lowell Eshenaur Filipiak Clay Smith Tinklenberg Mielke Wagoner Mapping 8 8, 11 Priority Area identification 31- 1 4 8 • Regulatory Mechanisms 4 2 Detection,Elimination, 9 9 4 Inspections_ Education and Training 5,6 5 _ 12 Emergency Response Plan 3 7 2 Documentation and 10 10 4 Tracking 1. Stormwater Maintenance BMP Resource Guide-see attached project example. 2. Traffic Incident Management and Alternative Route Planning-see attached project example. 3. Design-Build Environmental Management Planning and Environmental Compliance-see attached project example. 4. City of Eugene,Oregon IDDE inspections and documentation. 5. City of Eden Prairie,IDDE e-mail blast. 6. University of Minnesota,Bloproducts and Biosytems Engineering Department- Ecological Engineering Design. 7. City of Duluth Tischer Creek Emergency Flood Response Plan (Client: DNR). 8, GIS Mapping Services. 9. 35W Tunnel Study-connection Identification,mapping,modeling. 10. TH100/Tl-IT Turbidity and Storm Sewer Discharge Monitoring and Reporting(Client:C.S.McCrossan,MnDOT). 11. University of Minnesota Athlete's Village issues identification and planning. 12, video Production Services CITY OF EDEN PRAIRIE 7 ILLICIT DISCHARGE DETECTION TRAFFIC INCIDENT MANAGEMENT AND ALTERNATE ROUTE PLANNING EXPERTISE 7 . y - - �?•m off; If I L • in 1. .y p u' j • Most metropolitan areas and state departments of • WisDOT Emergency Alternate Route Program. Since transportation(DOTs)have some experience with traffic the early 2000s, SRF has worked with all WisDOT incident management(TIM),Maintaining a safe and regions to develop and implement a comprehensive efficient freeway system not only reduces the duration emergency alternate system along the vast majority of and impact of incidents,but also improves the safety Wisconsin's interstate system.This work included the of the motoring public,crash victims,and incident development of a WisDOT emergency alternate route responders. guide template and an electronic interactive guide,The Since the early 2000s,SRF has developed an in-depth use of predetermined emergency alternate routes has understanding of traffic incident management and its proven to save time and promotes responder safety. many operations,procedures,techniques,and strategies. • WisDOT II-143 Work Zone Incident Management A national leader in this area,SRF works with a variety Plan,Sheboygan and Manitowoc Counties,Wisconsin. of clients,including state DOTs,metropolitan planning SRF performed a work zone incident management plan organizations,and local cities and counties to develop (WZIMP) for construction projects along II3 43 and WIS TIM programs. 42. Below is a list of projects that SRF has completed. • Statewide Traffic Operations Plan,MnDOT.The state • I-39/I-90 Traffic Incident Management Program, patrol consolidated nine Transportation Operation and WisDOT,SRF is developing innovative and complex Communication Centers (iUGCs) in greater Minnesota TIM approaches for the 45-mile corridor during the into two regional centers located in Duluth and construction phase for this major reconstruction. Rochester.SRF was responsible for documenting current best practices for traffic operations and establishing • MnDOT 1-35 Emergency Alternate Route and Signing protocol for distributing traveler information from the Plan.This proactive approach will help minimize traffic two regional TOCCs. impacts and motorist delays when major incidents occur in addition to increasing responder safety and • Traffic Operations Incident Management Strategy, minimizing the chances of secondary crashes.SRF Fargo and Moorhead. SRF assisted in developing a developed three Alternate Route Operations Guides and Traffic Operations Incident Management Strategy, a comprehensive signing plan. which developed a list of roadway/ITS improvements, policies,and protocols that will enhance the • I-70 and I-270/255 Alternate Route and Signal Timing movement of people and goods within and out of the Study,MoDOT.SRF helped develop an emergency Fargo-Moorhead area in the event of art incident or alternate route and signal re-timing plan for the I-7Q emergency. and 1-270/255 corridors through metropolitan St.Louis. These are the first two corridors completed.MoDOT Client Reference for MnDOT 135 Emergency Alternative anticipates having all interstate corridors completed in Route and Signing Plan: Michael Schweyen,District Traffic Engineer the St.Louis district. MnDOT,Rochester-District 6 2900 48th Street NW Rochester,MN 55901 (507)280-5044 1 Michael.5chweyen@dot.statement.us CITY OF EDEN PRAIRIE S ILLICIT DISCHARGE DETECTION STORMWATER MAINTENANCE BMP RESOURCE GUIDE The use of stormwater treatment strategies,often referred to as CIO Best Management Practices(BMPs),has increased significantly due to new stormwater regulations.These regulations also require i governmental units to develop a systematic approach for the - c}.'19 RIC 12 documentation of BMP inspection and maintenance as BMPs �I�'Eter maintenance require ongoing inspection and maintenance to ensure that they are 1'I Resource Guide achieving their desired treatment goals, ®. Mi SRF was selected by the LRRB to assemble a resource guide I—. _•i to supplement the MN Stormwater Manual in regards to local �' government inspection and maintenance activities associated with various BMP categories,It can be used as a tool by city staff and -r,. policy makers for evaluating various BMPs to install based on _: anticipated long-term maintenance requirements. The reference guide focuses primarily on BM-Ps that have been heavily used in Minnesota(Stormwater Ponds,Bioretention ii ii Basins,Underground Treatment Devices,Underground Detention, —,—is- "" Infiltration)and concludes with a brief section covering BMPs that are newer to Minnesota and have been less commonly used to date(Sand/Media Filtration,Pervious Pavements,Tree Pits and Stormwater Planters).This section provides a description of the BMPs,a list of some Minnesota smrmw.lo-r Molnrrnoncc AM,poroulcr.cvldc F Nwnirizlin 1 nci n , ri applications of the BMPs and resource documents for further exploration. , w 1 .•,••w- U .hmona•IMP Iatoulre cwrr. P sre e� i�rrT;;� .- Client Reference: ri ^... 'Y;,,» _ Mark Maloney - _ x"" — ----r. -r1eSI9►. 'y- ".": s - r,:^ -sue;� Public Works Director - , ° r;f City of Shoreview w""r r r-.. 1 __ _ g500Victoria Street North ...........,....�.-,_4 r-- • --T � .� Shoreview,MN 55126 S$l7 = w" k-— • 4:�=--.L..., ,, " �.. .1.� u.,..,,A • mmaloney@shoreviewmn.gov u'-=•= -: " ;,.,..' ;:•••' : 4 • ': -''-..w'-.. - '«. +y�i — .,ter 0 C."S�SP_...� CITY OF EDEN PRAIRIE 9 ILLICIT DISCHARGE DETECTION ENVIRONMENTAL MANAGEMENT PLANNING, MONITORING, AND COMPLIANCE Environmental management and compliance is a growing ■ Development of erosion control and sediment area of service that focuses on minimizing environmental management plans and protocols specific to the project impacts and responding to discoveries of materials that • Development of materials and delivery of training to may be of environmental concern during the construction project personnel and owner representatives of highways,utilities,buildings,and developments. • Identification of all permits required for successful Often,a project owner will incorporate specific project execution environmental planning and management efforts in areas • Development also environmental monitoring program where sensitive environmental areas such as wetland and that includes schedule,personnel,and reporting forms streams are present,or when potential harmful materials and protocols could be discovered.For example,project owners such • as the Minnesota Department of Transportation,will Development of an enforcement plan that includes responsible personnel and their authorities include very specific environmental measures that must be undertaken for Design-Build projects.Environmental In addition to the Environmental Management Management and Compliance efforts typically begin with Plan development,SRF has developed a number of the development of an Environmental Management Plan. Environmental Management Plans related to design-build This Plan includes the following major components: projects.We have also developed and implemented storm water monitoring plans for construction sites.Finally, • Description of potential environmental sensitive or SRF has implemented Plans that we have developed hazardous areas through the Environmental Compliance efforts.These • Identification of specific environmental measures that include frequent construction site visits to monitor must be undertaken such as abatement, remediation,or well abandonment Below is a list of projects that SRF has developed and/or Identification of non-disturbance timeframes for wildlife implemented Environmental Management flans: • or fish spawning • TH 212 Design-Build—approximately 12 miles of new } Development of several emergency response plans that roadway constructed through the Cities of Eden Prairie, outline specific protocols that are enacted if various Chanhassen and Chaska. SRF's role included prevention items are discovered or occur.Each plan identifies a of potential sediment laden discharges to storm sewer, procedure to be followed and specific individuals to be and all water resources related permitting and reporting, contacted depending upon what the item of concern is. Typical items of concern that require an individual plan and procedure include: v o Regulated material spills or discoveries o Discovery of human remains • ti / • s o Discovery of historic or cultural artifacts _ • o Disturbance of threatened or endangered animal species or injury to wildlife o Illicit discharges into storm water or receiving -• waters TH 212 Design-Build CITY OF EDEN PRAIRIE 10 ILLICIT DISCHARGE DETECTION • TH 610 Design-Build--approximately three miles of new roadway constructed within the Cities of _ �- - } ' Brooklyn Park and Maple Grove.SRF's role included r ^ __ development of the Environmental Management 'gam Y. Plan,conducting all environmental monitoring and .y r' enforcement,and reporting. `-, }. I' - • CSAH '14 Design Build—approximately two miles E j of roadway reconstruction within the Cities of Blaine „ • and Coon Rapids.SRF's role included development . of the Environmental Management Plan,conducting • �i-_ - - - - • all environmental monitoring and enforcement,and Aur f/ �: f ' � - reporting. rr ;-o — 11 . . Wit - • TH 2 Design-Build—approximately seven acres TH 610 Design-Build of slope stability construction to arrest a landslide adjacent to the Red Lake River within the City of _ :.- Crookston.SRF's role included development of the - .' - - _ - "� Environmental Management Plan, conducting all w x:-•..' -ti " - ' environmental monitoring and enforcement,and - - reporting. � • TH 100/TH 7/TH 5—reconstruction of TH 100 r.. _- • - � within the City of St.Louis Park.SRF developed - .- a detailed erosion control plan and a stormwater -. . turbidity monitoring plan,installed turbidity and depth • sensors at"key outfalls,"installed a rain gage at one a -.,.- of the key outfalls,obtained real-time data utilizing "` .. ' * ,.. t, ,:.4 �.' fi*•r, t,.. remote sensing,conducted site monitoring visits and ''� , monitored real time data,identified high turbidity and/or rainfall events,and provided guidance for the CSAH 14 Design-Build response plans. Client Reference: Andrew Witter Assistant County Engineer Anoka County Highway Department 1440 Bunker Lake Blvd.NW Andover,MN 55304 (763)862-4249 andrew.witter@co.anoka.mn.us i CITY OF EDEN PRAIRIE 11 ItWICIT DISCHARGE DETECTION SRF' s RECENT VIDEO EXPERIENCE SPEED LIMITS: WHY ❑o WE HAVE THEM? http://yautu.be/8edH-toBesM STOP SmNs: WHY Do WE HAVE THEM ON RESIDENTIAL ROADS? http://youtu.bell SmbL50o 15c DEVELOPING FREIGHT RAIL ACCESS TO SUPPORT ECONOMIC DEVELOPMENT, MINNESOTA DEPARTMENT Of TRANSPORTATION http;//youtu.be/8ymr03wQQ9Q RAILROAD MEANS BUSINESS IN MINNESOTA, MINNESOTA ❑EPARTMENT 0r TRANSPORTATION http://youtu.be/FBT2AT-I n30 THE GATEWAY CORRIDOR SCOPING VIDEO httpliyoutu.be/1oASS_eN4Ig WHY AREN'T THEY WORKING ON MY ROAD? http://yautu.be/VIpBFYV2jvE CITY Of EDEN PRAIRIE 12 ILLICIT DISCHARGE DETECTION ❑AVID FILIPIAK, PE, CFM Principal David leads the water resource practice at SRF,providing leadership and guidance with 30 years of experience for all things water within SRF. The group focuses on developing environmentally friendly solutions for complex engineering and ecological challenges.His expertise includes stormwater management planning for site and highway projects, hydrologic and hydraulic modeling of both urban and rural watersheds, AREAS OF EXPERTISE preliminary and final design for major storm sewer projects,regional • Hydrologic Modeling and Engineering and site-specific Best Management Practice design,and major wetland • Hydraulic Engineering restoration projects.David excels at developing innovative stormwater • Drainage Design treatment solutions for both linear and site projects. All of these projects • Water Quality Modeling and Assessment involve complex pennitting requirements,which are obtained through • Water Resources Planning early coordination with the regulatory agencies. • Wetland Mitigation Site Evaluation/ Design David have served on numerous research committees funded by the Local Road Research Board (LRRB)and the Minnesota Pollution Control EDUCATION Agency(MT'CA)as well as other research projects on stormwater. He is B.C.E.,University of Minnesota,1983 currently serving on an advisory committee studying effective impervious REGISTRATION area with the University of Minnesota funded through the LRRB. Professional Engineer:Minnesota#19596 WATER RESOURCES AND ENVIRONMENTAL PLANNING PROJECTS CERTIFICATION • City of Saint Paul Green Infrastructure,Saint Paul and Minneapolis, Certified Floodp]ain Manager(CFM) Minnesota PROFESSIONAL AFFILIATIONS • Stormwater Maintenance BMP Resource Guide LRRB Report MN/RL 12 American Society of Civil Engineers 20091*iC Association of State 1loodplin Managers • Decision Tree for Stormwater BMPs,LRRB Report MN/RL-2011 RIC 01 • TH 100/TH 7/TH 5, City of St.Louis Park. • Snelling Greenstreets Workshop.Modeling/Stormwater Management,St.Paul,Minnesota • Big Marine Park Reserve.Storrnwater ManagementfBMP Design, Washington County,Minnesota • Silverwood Park Stormwater Management/BMP Design,New Brighton,Minnesota • Grand Forks Water Resource Ordinance Review,Grand Forks, Minnesota • Baker Park Reserve Stormwater Erosion and Drainage Study, Three Rivers Park District • 1-35W Tunnel Study,Minneapolis,Minnesota CITY OF EDEN PRAIRIE 13 ILLICIT DISCHARGE DETECTION WALTER ESHENAUR, PE Senior Associate Walter has 25 years of experience in water resources related to site development, j,,_ it including environmental management planning, monitoring,and compliance, ri+ r and design of stormwater management and treatment systems;stormwater )11' ''. conveyance design via open channels and storm sewer;and erosion control and sediment management for both temporary and permanent applications.He also ' has experience assessing and treating water duality and applying innovative best management practices(BMPs)and bioengineering solutions to the treatment AREAS OF EXPERTISE of surface water runoff. Walter has in-depth knowledge and experience in • Environmental Management Planning, permitting water resources solutions and wetland mitigation through watershed Monitoring,and Compliance districts and other local government units such as counties and municipalities, • Hydrologic and Hydraulic Modeling and through federal agencies such as USACE and USFWS. Walter also has • Water Quality Hydrologic and extensive knowledge of major hydrologic and hydraulic computer applications Hydraulic Model Calibration and models,and is a certified SWPPP designer. • Surface Water Runoff Quantity and Quality Data Collection and Analysis • TH 212 Design Build—approximately 12 miles of new roadway constructed • Surface Water Management, through the Cities of Eden Prairie,Chanhassen and Chaska.SRF's role Catchment and Conveyance Systems included prevention of potential sediment laden discharges to storm sewer, • Hydrology and Flood Routing and all water resources related permitting and reporting.Walter served as the • Stormwater Conveyance System project manager for ail water resource related tasks. Design • TH 810 Design Build—approximately three miles of new roadway • Surface Water Treatment Systems and constructed within the Cities of Brooklyn Park and Maple Grove,SRF's role Trains included development of the Environmental Management Plan,conducting • Stream Realignment and Bank Stabilization all environmental monitoring and enforcement,and reporting,Walter served • Bioengineering/Best Managementas the environmental compliance officer for all water resource related tasks. Practices • CSAH 14 Design Build—approximately two miles of roadway reconstruction • Floodplain,Floodway and Flood Stage within the Cities of Blaine and Coon Rapids. SRF's role included Analysis development of the Environmental Management Plan,conducting all • Hydraulic Structure Analysis and environmental monitoring and enforcement,and reporting.Walter served as Design the environmental compliance officer for all water resource related tasks. • Groundwater Resource Development • TH 2 Design Build—approximately seven acres of slope stability construction EDUCATION to arrest a landslide adjacent to the Red Lake River within the City Masters of Agricultural in Engineering, of Crookston.SRF's role included development of the Environmental Water Resources and International Management Plan,conducting all environmental monitoring and Development Emphasis, University of enforcement,and reporting.Walter served as the environmental compliance Minnesota,1985 officer for all water resource related tasks. Bachelors of Agricultural in Engineering, • TH 100/TH 7/TH 5—reconstruction of TH 100 within the City of St.Louis Water Resources Emphasis,University of Park.SRF developed a detailed erosion control plan and a stormwater Minnesota,1982 turbidity monitoring plan, installed turbidity and depth sensors at"key REGISTRATION outfalls," installed a rain gage at one of the key outfalls, obtained real-time Professional Engineer: Minnesota data utilizing remote sensing,conducted site monitoring visits and monitored #40929, North Dakota#8651 real time data,identified high turbidity and/or rainfall events,and provided CERTIFICATIONguidance for the response plans.Walter served as the environmental compliance officer for all water resource related tasks, SWPPP Design CITY Of EDEN PRAIRIE 14 ILLICIT DISCHARGE DETECTION ROGER CLAY, PE, PH Senior Associate/Stor>nrvater Engineer Roger is dedicated to providing comprehensive stormwater quality management services to municipal and industrial clients ' and implementing technically sound and environmentally sustainable practices.He develops creative solutions to complex challenges that meet client needs in a visionary and functional Il 'rny basis.He builds,aligns and coaches Interdisciplinary teams to provide professional services that meet client needs in a cost AREAS OF EXPERTISEeffective arid timely basis. • Planning for Growth ILLICIT DISCHARGE DETECTION AND RESPONSE • Pollution Prevention • For City of Eugene Oregon plan and implement a City wide • Monitoring Programs program to evaluate all stormwater outfalls for illicit and illegal • IDD Programs discharges including City Public Works facilities.The project • Training Programs involved inspecting all stormwater outfalls,recording results • t3MP Design and when potential illicit or illegal discharges were found • Public Involvement complete field monitoring and investigation of discharge source. • Construction Site Erosion Control Prepare summary report detailing results and recommended • Permit Application and Compliance corrective actions. Programs • For multiple industrial sites conduct illicit discharge inspection • Treatment Systems programs to ensure compliance with NPDES permits. Prepare • TMUI.Programs documentation of results and make recommendations for • Lake Water Quality Management corrective actions when illicit discharges were found.Prepare • Financing/Grants designs and provide oversight of construction for corrective actions.Representative clients:Weyerhaeuser Corporation EDUCATION (paper mills,wood product manufacturing facilities,box plants, Master of Science in Civil Engineering, recycling facilities—nationally in over 30 states),Cargill,CNN University of Wisconsin-Madison, 1987 Railroad. Master of Science in Water Resources Management,University of Wisconsin- STORMWATER POLLUTION PREVENTION Madison, 1981 • Prepared stormwater pollution prevention plans for numerous Bachelor of Science in Water Resources and industrial and City public works facilities.Identify significant Biology,University of Wisconsin-Stevens pollutant sources and conduct field monitoring for illicit or Point,1977 illegal discharges.Provide recommendations far management REGISTRATIONS of potential pollutant sources,illicit or illegal discharges Professional Engineer:North Dakota#4781 and develop compliance programs for their control.Provide Minnesota#23452,South Dakota#7726, training to facility staff on pollutant prevention and illicit Wisconsin#3O291,Washington#269133, discharge control measures.Prepare guidance documents Oregon#16336,and AK#8557 for implementation of pollution prevention measures_ Professional Hydrologist:Wisconsin#39 Representative clients:Representative clients:Weyerhaeuser Corporation (paper mills,wood product manufacturing PR0Ft;g$IONAL AFFICIATIQNS facilities, box plants,recycling facilities—nationally in over American Society of Civil Engineers 30 states),Cargill, CNN Railroad,Michael Foods,Potlatch Water Environment Federation Corporation,Nalley's Fine Foods,Black Hills Power,United Society of American Military EngineersAirlines,Minnesota Energy Ethanol,City of Shoreview,City of Maplewood, CiTY Or EDEN PRAIRIE' 15 ILLICIT DISCHARGE DETECTION ROGER CLAY, PE, PH Senior Associate /Storinwater Engineer SPILL PREVENTION COUNTERMEASURES AND CONTROL PLANNING • Prepare SPCC or Facility Response Plans for the management of petroleum products and other hazardous liquids or gases.Provide training to facility personnel on prevention, counteirneasure and control measures.Representative clients: Weyerhaeuser Corporation, Cargill,CNN Railroad,Highwater Ethanol, MUNICIPAL STORMWATER MANAGEMENT, MULTIPLE CITIES/ STATES. • Provide surface water planning;permitting and/or design services to municipalities for the design of new or upgrading existing stormwater facilities to provide water quality and runoff rate controls and other activities required by infrashruchtre problems or NPDES permit requirements_ Preparegrant applications for implementation of water quality controls, Prepare Stormwater/Surface Water Master Plans and plans/specifications for construction of facilities. Design and provide construction oversight for a wide range of stomiwater Best Management Practices(BMPs)such as grass swates,biofilters,infiltration trenches and basins,rain gardens, pretreatment systems,wet ponds,underground detention and constructed wetlands.Provide field investigation and identification of nonstormwater discharges from storm sewers. Work closely with City staff to support reporting to city councils in the planning,design and implementation of stormwater management projects.Provide reviews for development plans and provide comments to City staff.Representative municipalities:Alexandria,Bayport,Bloomington,Burnsville, Glencoe,Hugo,Hutchinson,Minneapolis,New Prague,North Saint Paul, Mountain Iron,Rogers,Virginia,Worthington, and Zimmerman,MN;Altoona,Appleton,Barron,Birchwood, Slack River Fails,Caledonia Township,Chippewa Falls, Chippewa County,Ladysmith and Mondavi,WI;Grand Forks, North Dakota;Sioux Falls,South Dakota. CITY of ED N PRAIRIE 16 ILLICIT DISCHARGE DETECTION ANDREW MjELKE, AICP Principal Andy has 15 years of experience working on a variety of transportation planning F projects for cities,counties and state agencies. Over the past 10 years, he has ,5 established himself as one of SRF's leaders in traffic incident management strategies and emergency response procedures to improve safety and operations.Iris projects include emergency response planning efforts in Iowa,Minnesota,Missouri and ,'',14.le. Wisconsin.Highlights of his work include his involvement assisting WisDOT's Central Office and all five regions on the development of Emergency Alternate Route AREAS OF EXPERTISE Guides and various policy issues as they relate to traffic incident management. As • Incident Management Plans/ a member of the National Traffic Incident Management Coalition (NTTMC),Andy Alternate Route Studies is familiar with many of the leading initiatives at the federal level and incident • Corridor Studies management initiatives other states are pursuing. • Interchange Justification Reports • Community Transportation Planning PROJECT EXPERIENCE • Train Whistle Quiet Zones • WisDO,l,Emergency Alternate Route Programs.Andrew has managed the • Transportation and Transit Needs development of numerous WisDOT studies,including: Analysis - STRAHNET Emergency Alternate Route Project,Wisconsin • Transportation System and Travel -WisDOT Southwest Region Alternate Route Study Demand Management • Transportation Research -WIsDOT North Central Region Alternate Route Study • Parking Studies -WisDOT Alternate Route Study,Wisconsin Dells Area,Wisconsin • Transit Planning -WisDOT Alternate Route Study,Janesville,Wisconsin to Rockford,Illinois -WisDOT Traffic Incident Management and Enhancement(TIME) EDUCATION Program Support Masters of Urban and Regional PIanning,University of Minnesota, ► Traffic Operations Incident Management Strategy,Fargo,North Dakota, 2000 Moorhead,Minnesota.As project manager, Andrew led all phases of project B.S.,Public Administration and development and stakeholder involvement, Geography,University of Wisconsin- • Emergency Alternate Routes Along f-35,MnDOT District 6.As a member of La Crosse,799$ the project team,Andrew is working on this pilot project to develop emergency CERTIFICATION alternate route guides for the corridor. American Institute of Certified Planners • I-70 Alternate Route/Sigual Timing Study, Missouri DOT,Andrew is a member of the project team working with the Missouri DOT to develop an interactive guide to PROFESSIONAL AFFILIATIONS identify and adjust signal timing on alternate routes during a freeway incident. Minnesota Operation Lifesaver Hoard of Directors • I-39/I-90 Traffic Incident Management Program,WisDOT.Andrew is a member of the project team involved in developing innovative and complex TIM American Institute of Certified Planners approaches for the 45-mile corridor during the construction phase for this major American Planning Association reconstruction in Wisconsin. National Traffic Incident Management • Statewide Traffic Operations Plan,MnDOT.The State Patrol consolidated nine Coalition Transportation Operation and Communication Centers (TOCCs)in greater CONTINUING EDUCATION Minnesota into two regional centers located in Duluth and Rochester.Andrew was Hear Every Voice Program a member of the team responsible for documenting current best practices for traffic SRF Quality Management Training operations and establishing protocol for distributing traveler information from the two regional TOCCS,Enhanced traffic incident management procedures are also anticipated as a result of this project, CITY OF EDEN PRAIRIE 17 ILLICIT DIScIiAuGE DETECTION LE_AH SMITH Engineer 414 Leah has seven years of experience in water resources engineering, receiving a B.S.in Civil Engineering from Southern Illinois University and an M.S.in Water Resources Science from University of Minnesota. 4.- She has worked for the MNDNR and the U.S.Peace Corps as well ' as three years for a consulting firm in the Chicago are.At SRF,she is focusing on mapping, modeling,and BMP design.She is proficient in ArcGIS,Microstatiori,and AutoCAD She has worked on the Emergency EDUCATION Action Plan for the Hartley Dam in Duluth,University of Minnesota Masters of Science in Water Resources Athletics Village District Study,and has advised and trained middle Science,University of Minnesota,2014 school educators for an NSF funded grant on engineering education for Bachelor of Science in Civil Engineering, the University of Minnesota.For this project,Leah will provide mapping, Southern Illinois University,2007 prioritization, and staff training. REGISTRATION Engineer in Training CITY OF EDEN PRAIRIE 18 ILLICIT DISCHARGE DETECTION I DAN TINKLENBERG Senior GIS Analyst Dan has 14 years of experience in a wide variety of GIS applications, including data creation, manipulation,and analysis in the entire range of r ti{ AEGIS products.Additionally, he has experience with map publishing, web map services,dynamic segmentation,travel-time networks, model building,and numerous ArcGIS extensions.Dan has extensive experience working with transportation spatial data for analysis in regional,county and city transportation plans. AREAS OF EXPERTISE BUSINESS/SITE SERVICES • Geographic Information Systems(GIS) • AreGIS(ArcINFO • Business Relocating Services for The Keewaydin Group,Inc. • ArcGIS Sewer • Potential Historic Building Identification,TH 169 WC Study, St.Peter • GIS to AutoCAD/Microstation Area,Minnesota lnteroperability • Minnesota State Colleges and Universities GIS Campus Mapping • Ge4database Design/ArcSDE ■ University of Minnesota Athletics Village District Study • Map Production/Cartography • Map Services/Custom Web Applications GIS SUPPORT/ANALYSIS FOR TRANSIT AND TRANSPORTATION PLANS • Spatiall3DfNetwork Analyst • Metropolitan Council Minor Arterial System Evaluation EDUCATION Bottineau Corridor Alternative Analysis Bachelor of Arts in Geography, St.Cloud • Washington County Comprehensive and Transit Plans State University,1998 • St. Louis Park Active Community and Transportation Plans CONTINUING EDUCATION • St.Cloud SSUNA Master Plan SRF Quality Management Training G15 SUPPORT/ANALYSIS TOR CORRIDOR AND BELTWAY STUDIES • I-77 HOT Lane GIS Mapping,Mecklenburg County, North Carolina • CSAH 7 Corridor Study,St. Cloud,Minnesota • CSAH 24-US 52 to TH 19, Cannon Falls,Minnesota GIS SUPPORT/ANALYSIS FOR UTILITY PROJECTS • Freeborn County Wind Project,Avant Energy,Inc. • Steele County Wind Project-Stage 1,Avant Energy,Inc • 345KV St,Cloud to Fargo,Xcel Energy, Inc. • Transmission Line Maintenance,Xcel Energy,Inc, VIEWStiED ANALv is USING DIGITAL ELEVATION MODEL (DEM) • St.Croix River Crossing EIS,Stillwater,Minnesota • Wisconsin Statewide Advanced Traveler Information System and ITS Architecture,Wisconsin Department of Transportation CITY OF EDEN PRAIRIE 19 ILLICIT DISCHARGE DETECTION LOWELL WAGONER Senior Graphic Designer/Creative Strategist Lowell is a Senior Graphic Designer/Creative Strategist at SRF with extensive experience designing and producing print materials,interactive r} tools,and other web-based products.He is known for his ability to communicate effectively by developing stakeholder engagement strategies and delivering a wide range of materials.Using print,web and social media,Lowell is able to engage audiences through multiple communication channels.He is responsible for strategic direction of AREAS of ExrERTISF creative projects from the planning phase to the execution phase.Lowell + Digital&Aerial Photography has 13 years of experience in creative direction and graphic design and is • Video Filming&Editing an expert in Adobe Creative Suite including HTML and CSS_ • Time Lapse Video VIDEO FILMING AND PRODUCTION • Graphic Design • Brochures.Newsletters&other Lowell has had a primary role in all phases of video production for several Collateral Materials projects.His involvement includes script writing and development, • Project Branding interviews,lighting,video recording,graphics, editing,and production. • Logo Design Completed videos include: • Rendering&Visualization • The Cutewoy Corridor Scoping Video.Washington County,Minnesota • Website5&Interactive Media • W72y Aren't They Working On My Road?Minnesota Local Road • E-mail Communications Research Board • Social Media • Reports& Executive Summaries • Stop Signs: Why Do We Have Thera On Residential Roads?Minnesota Local Road Research Board • Public Engagement Materials • Large Format Display Graphics • Speed Limits: Why Do We Have Them?Minnesota Local Road Research Board EDUCATION • Developing Freight Rail Access to Support Economic Development,MnDOT Bachelor of Fine Arts,University of • Railroad Means Business in Minnesota,MnDOT Wisconsin-Stevens Point AWARDS AND HIGHLIGHTS DESIGN EXPERIENCE • ASCE 2014 Bridges Calendar—Photo • ADA Transition Plan For Public Rights Of Way,Minnesota Local Road featured. Research Board.Provides step-by-step guidance on ADA Transition • ASCE 2013 International'Bridge Photo Plans for Public Rights of Way.The document includes navigation by Contest—Viewer's Choice Award. section topics and links for downloading supporting content. • 2013 National Local Technical Assistance Program Poster Contest s Best Practices:Managing interaction Behmen Local Authorities and Major Winner.Reaching Out to Your Traffic Generators,Minnesota Local Road Research Board.Design of an Community:Turn to YouTube. online document that presents step-by-step guidelines for Minnesota • Bridge Design&Engineering Magazine, county engineers on how to interact with developers of wind farms. Dark Arts Lighting the Lowry Avenue The final product has a wide range on information contained in a BridgeIssue No.70,2013 - Photos published. single,downloadable interactive document. • 2012 Northern Lights Contest- • We Arc MOOT,The Insider's Guide,MnDOT.Intended to help Minnesota Association of Government employees gain a better understanding of how MnDOT supports and Communicators,Award of Excellence. enhances Minnesotans'quality of life.Produced a collection of digital We are.MnDOT:A Look inside eBrochure. and print materials with MnDOT information. CITY OF EDEN PRAIRIE 20 ILLICIT ❑ISCFIARGE DETECTION CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda November 18, 2014 DEPARTMENT/DIVISION: ITEM DESCRIPTION: IC 14-5874 ITEM NO.: VIII.H. Leslie Stowing Approve Agreement for Updating the Public Works/Environmental Stormwater Pollution Prevention Plan with Bolton&Menk Requested Action Move to: Approve Agreement for Updating the Stormwater Pollution Prevention Plan with Bolton & Menk in the amount of$24,860. Synopsis The proposal from Bolton&Menk is to provide Stormwater Pollution Prevention(SWPP)Plan. This Plan is required as part of the City's Municipal Separate Storm Sewer Systems (MS4) Permit Program. The cost of the SWPP Plan will be paid out of the stormwater utility. Background Information The City's Stormwater Pollution Prevention(SWPP) Plan needs to be updated to meet new requirements established in the Minnesota Pollution Control Agency(MPCA) for the City's MS4 Permit Program. The scope of work that will be used to complete the SWPP Plan Update was approved by the MPCA on April 3, 2014. The SWPP Plan modifications must be completed by April 3, 2015. Following are items that will be included in the Plan. • Review and update the City's regulatory program for construction and post-construction stormwater runoff management. • Identify priority areas and develop a plan for public education. • Develop emergency response procedures for construction site management. • Evaluate stormwater mitigation options for proposed development and develop procedures for documenting stormwater mitigation projects and establishing stormwater mitigation review. • Review existing procedures the city uses to ensure long-term maintenance of stormwater infrastructure and provide recommendations for modifications. • Prepare written procedures and tools for inspection of stormwater facilities, storage areas and construction sites and train staff responsible for inspections on the new tools and permit requirements. • Review and incorporate the various elements being developed for the stormwater program, such as the facilities inventory and illicit discharge detection plans. • Update the Best Management Practices (BMPs) and SWPP Plan to meet the new permit requirements. An update to the Conservation Commission on the plan will be provided. The estimated cost is $24,860. Costs will be paid from the storm water utility fund. Attachments Professional Services Agreement Standard Agreement for Professional Services This Agreement ("Agreement") is made on the 18th day of November, 2014 between the City of Eden Prairie, Minnesota(hereinafter"City"),whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Bolton & Menk, Inc., a Minnesota Corporation (hereinafter"Consultant") whose business address is 1224 Nicollet Avenue, Burnsville, MN 55337. Preliminary Statement The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of professional services by Consultant for MS4 SWPPP Assistance 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(Proposal for MS4 SWPPP Assistance) 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 November 18,2014 through April 2,2015 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 $24,860.00 for the services as described in Exhibit A. A. Any changes in the scope of the work which may result in an increase to the compensation due the Consultant shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. B. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City. C. If Consultant is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. 4. City Information. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services: A. Access to the Area. Depending on the nature of the Work, Consultant may from time to time require access to public and private lands or property. As may be necessary, the City shall obtain access to and make all provisions for the Consultant to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work. B. Consideration of the Consultant's Work. The City shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Consultant, and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the Consultant. C. Standards. The City shall furnish the Consultant with a copy of any standard or criteria, including but not limited to, design and construction standards that may be required in the preparation of the Work for the Project. D. City's Representative. A person shall be appointed to act as the City's representative with respect to the work to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the services provided or materials, equipment, elements and systems pertinent to the work covered by this Agreement. 5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an itemized invoice for professional services performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City for: A. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall indicate for each employee, his or her name,job title,the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Consultant shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Consultant shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City's project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract. B. Suspended Work. If any work performed by the Consultant is suspended in whole or in part by the City, the Consultant shall be paid for any services set forth on Exhibit A performed prior to receipt of written notice from the City of such suspension. C. Payments for Special Consultants. The Consultant shall be reimbursed for the work of special consultants, as described herein, and for other items when authorized in writing by the City. D. Claims. To receive any payment on this Agreement,the invoice or bill must include the following signed and dated statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." Standard Agreement for Professional Services 2014.04 Page 2 of 8 6. Project Manager and Staffing.The Consultant has designated Lanol Leichtv 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 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. Standard Agreement for Professional Services 2014.04 Page 3 of 8 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 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 Standard Agreement for Professional Services 2014.04 Page 4 of 8 form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. d. Professional Liability Insurance. In addition to the coverages listed above, Consultant shall maintain a professional liability insurance policy in the amount of $2,000,000. Said policy need not name the City as an additional insured. It shall be Consultant's responsibility to pay any retention or deductible for the professional liability insurance. Consultant agrees to maintain the professional liability insurance for a minimum of two (2) years following termination of this Agreement. e. Consultant shall maintain "stop gap" coverage if Consultant obtains Workers' Compensation coverage from any state fund if Employer's liability coverage is not available. f. All policies, except the Worker's Compensation Policy, Automobile Policy, and Professional Liability 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 for the Worker's Compensation Policy and the Professional Liability Policy, shall be primary and non-contributory. j. All polices, except the Worker's Compensation Policy, shall insure the defense and indemnity obligations assumed by Consultant under this Agreement. k. Consultant agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City's written acceptance of the Work. I. It shall be Consultant's responsibility to pay any retention or deductible for the coverages required herein. m. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days' prior notice to the City, except that if the cancellation or non- renewal is due to non-payment, the coverages may not be terminated or non-renewed without ten (10) days' prior notice to the City. 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 Standard Agreement for Professional Services 2014.04 Page 5 of 8 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 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 Standard Agreement for Professional Services 2014.04 Page 6 of 8 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 stati g that all qualified applicants will receive consideration for employment. The Consultant shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Consultant further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 16. Compliance with Laws and Regulations. In providing services hereunder, the Consultant shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 17. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. 18. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 19. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City. 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. Standard Agreement for Professional Services 2014.04 Page 7 of 8 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: Bolton 8,_Menk, Inc_ A 7l +n.s _ Its: Eruct Standard Agreement for Professional Services 2014.04 Page 8 of 8 7:), k , \,,,., ..\__ pic__. �o' 4, BC LTC) c NA N., k , I Ill ,: p'`� Consulting Engineers & Surveyors ll efi 12224 Nicollet Avenue•Burnsville, MN 55337 ` � . Phone(952)890-0509•Fax(952)890-8065 www.bolton-menk.com November 6,2014 Leslie Stowing Environmental Coordinator City of Eden Prairie _ 8080 Mitchell Road Eden Prairie,MN 55344 RE: Proposal for MS4 SWPPP Assistance Eden Prairie,MN Dear Ms. Stowing: Bolton & Menk, Inc. is pleased to present this proposal for professional consulting engineering services relative to your request for assistance in completing your Storm Water Pollution Prevention Plan(SWPPP) to be in compliance with the reissued National Pollutant Discharge Elimination System/State Disposal System(NPDES/SDS)Permit for Municipal Separate Storm Sewer Systems(MS4s). Our proposal is based on the discussions we had regarding your SWPPP during an October 24th meeting at your office. This proposal defines our scope of work and cost of services in a task oriented format. Thank you again for considering Bolton &Menk,Inc.for your civil engineering needs. Please feel free to contact me if you have any questions or if you require any additional information. Sincerely, I3OLTON&MENK,INC. . , - . . � . , Lanai Leichty,P.E. Tim Olson,P.E.,CFM Project Manager Water Resource Engineer Enclosures: Scope of Services Estimated Fee DESCRIPTION OF PROPOSED PROJECT The City of Eden Prairie needs to update its policies,procedures and documentation practices to be in compliance with the newly approved Municipally Separate Storm Sewer System(MS4)permit. As part of the permit renewal,the city committed to enacting these updates within 12 months of MPCA approving the permit. In particular, we propose to assist city staff with the following: I.Review and recommend updates to City Code 11.55,including: a. Construction and post-construction site stormwater runoff control requirements. This will include: i. Conditions for post construction stormwater management. ii. Stormwater management limitations and exceptions. iii. Mitigation provisions. iv. Long-term maintenance of structural stormwater BMPs. II. Assist in development of Enforcement Response Procedures(ERPs) for stormwater runoff management. The exception to these work tasks is the Illicit Discharge Detection and Elimination (IDDE)program per MCM 3 and the facility inventory as required per MCM 6. These two tasks are being completed by other consultants. These plans will be incorporated as Appendices in the final SWPPP. The current rules,policies and standards will be reviewed and compared to the new MS4 permit requirements to see what changes may be required to the current City SWPPP and ordinances. SCOPE OF WORK Our procedure for assisting the City of Eden Prairie with its MS4 permit compliance includes the following tasks: I. Existing Stormwater Ordinance Revisions The new permit requires your ordinance to be as stringent as the MPCA general permit to Discharge Stormwater Associated with Construction Activity. We will work with Staff to review and update City code Section 11.55 to meet these requirements. The new permit has specific limitations on runoff volume,TP loading and TSS loading for new and redevelopment projects. The permit also has limitations in the use of infiltration techniques in regards to where these practices are located and the conditions under which they may be used. Exceptions are allowed under certain circumstances for linear projects that lack right-of-way to install volume control practices. Our assessment and recommended ordinance revisions will directly address these items. The new permit allows for off-site mitigation options when the TSS and/or TP requirements of the post-construction stormwater management criteria cannot be met. We will prepare ordinance language that addresses these permit requirements. In addition, we will use the Wellhead Protection Plan and available groundwater depth information to prepare a map of areas where infiltration practices must be prohibited. The new permit requires the establishment of legal mechanism(s)between the City and owner/operators responsible for the long-term maintenance of structural stormwater BMPs not owned by the City. We will recommend ordinance language that meets this permit requirement, along with preparing a draft stormwater maintenance agreement for staff review. Bolton&Menk will compare your current stormwater management ordinances and prepare a draft ordinance with recommended modifications for staff consideration. We propose to forward these draft ordinances to your staff for consideration prior to scheduling a meeting to discuss the recommended revisions. Based on the outcome and consensus modifications,we anticipate developing final revised ordinance recommendations for staff and ultimately City Council consideration. II. Develop Enforcement Response Procedures(ERPs) The new permit requires the development of ERPs associated with discovered violations to the various new ordinances being reviewed and revised. To meet this need,Bolton &Menk will work with staff to develop a table of violations vs. enforcement procedures. The table could potentially be referenced in the proposed new ordinances so that it can be revised as needed without Council action. III. Address Permit Changes for the Minimum Control Measures(MCMs) Bolton &Menk has reviewed your SWPPP reauthorization application and noted the following commitments to the MCMs that are above and beyond the items described in Tasks I and II above that we will provide assistance with: MCM 1 - Public Education and Outreach - create a list of high-priority education topics - develop a plan to provide storm water impact education to residents within the source water protection area MCM 4 - Construction Site Stormwater Runoff Control - establish written procedures for receipt and consideration of reports for noncompliance of stormwater related activities. - revise the existing program to include written procedures for: o Identifying priority sites for inspection. o Develop a checklist(for use electronically or on paper)to document construction site inspection during compliance inspections. - update procedures to retain construction site inspection checklists or other written materials used to document site inspections. MCM 5 - Post-Construction Stormwater Management - establish procedures for documenting post-construction stormwater management, including: o Supporting documentation for authorized mitigation projects. o Payments received and used for mitigation purposes. o Legal mechanisms used for long-term maintenance, including dates of the agreement and all responsible parties involved. - develop a plan to evaluate mitigation options for TSS and TP treatment for circumstances where it cannot be cost-effectively managed onsite. MCM 6 - Pollution Prevention/Good Housekeeping for Municipal Operations - develop written procedures and checklists for inspecting stockpiles and material handling areas. - review and update the existing employee training program to ensure it meets the new permit requirements. - use the Facility Inventory to develop a plan to prioritize activities and provide BMPs for inventoried facilities. - develop BMPs that can be used to protect drinking water source areas. - develop and implement a general staff training program to meet the permit requirements relative to good housekeeping for municipal operations according to their job duties. - Develop one general educational piece for 201 j on the stor nwat€r-program for all employees. Bolton &Menk will assist your staff in preparing the appropriate procedures and training techniques to ensure that the City meets these additional commitments as detailed in your SWPPP reauthorization application. IV. Additional City Assignments The City has asked for help with the following tasks to help with the update of the City's SWPPP to be in compliance with the reissued NPDES/SDS Permit for Municipal Separate Storm Sewer Systems (MS4s)Permit MNR040000: a) Update the existing BMP sheets—this task has been started by the City,Bolton&Menk will update the remaining BMP sheets and add new ones as needed in accordance with the submitted SWPPP Application for Reauthorization. b) Develop a BMP checklist that can be used in the field and will be a template for developing an application for use with mini iPads. This checklist will be used as a tool to document construction site inspections, stockpile inspections.Bolton&Menk can also help the city by facilitating discussions with internal staff to develop electronic forms. c) Review the draft Local Water Management Plan(LWMP)—we will review the draft LWMP and provide feedback to the City on how it fits in with the City's SWPPP. d) Meet with the Conservation Commission to present the final SWPPP and introduce the final SWPPP to the members V. Coordination Meetings &SWPPP Revisions We propose up to 3 meetings with City Staff during the course of this project as follows: 1. A project initiation meeting will be held to exchange and gather information. 2. After draft documents and ordinances have been submitted to the City for review we propose to meet to discuss your comments and recommendations. Revisions will be made to the SWPPP documents after the first submittal. 3. An additional meeting has been planned to go over the first revisions and finalize written procedures. After a second review by the City, subsequent revisions will be made by Bolton &Menk, as necessary. SCHEDULE This proposal is based on our intent to assist the City of Eden Prairie to fulfill the commitments made in its SWPPP reauthorization application before April 2,2015. We anticipate beginning work within 7 days of receiving authorization to proceed. FEES Bolton&Menk,Inc. will provide the above outlined services in accordance with the following Table. Task Description Hours Proposed Fee I Review Stnrmwater Ordinance Revisions 10 $1,100 - GIS mapping(Prohibited Infiltration Zone Map) 4 $440 II Develop Enforcement Response Procedures 30 $3,300 III Address Permit Changes for the MCMs - MCM 1 16 $1,760 -MCM 4 16 $1,760 -MCM 5 26 $2,860 -MCM 6 26 $2,860 IV Additional City Assignments a) Review the existing BMP sheets 16 $1,760 b)Add new BMP sheets 10 $1,100 c)Develop a BMP checklist 16 $1,760 d)Review the draft Local Water Plan 12 $1,320 e) Conservation Commission meeting 4 $440 V Coordination Meetings &SWPPP Revisions 40 $4,400 Total $24,860 ADDITIONAL SERVICES Bolton&Menk has abundant experience in conducting pond and outfall inventories for MS4's. We are available to assist the City with these tasks if support is needed. Any requested additional work or services will be performed at our regular hourly rates. If requested,we can provide our schedule of fees. CITY COUNCIL AGENDA DATE: November 18, 2014 SECTION: Consent Calendar DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.I. Administration Approve Contract with the Ultimate Software Alecia Rose, Human Resources Group, Inc. as a Human Resources Information Manager System (HRIS) and Payroll Service Provider. Requested Action Move to: Approve the Contract with the Ultimate Software Group, Inc. as a Human Resources Information System (HRIS) and Payroll Service Provider. Synopsis Three years ago the City's current HRIS and Payroll Service Provider, Ceridian, changed their customer service model which has added to the time and expense it takes the City to effectively process payroll for employees. Additionally, the current Ceridian product the City uses is not supported as it once was by Ceridian as they focus on new technology. At this point in time the Human Resources Division can no longer operate with the current system due to the complexity of the problems that are arising and the lack of customer support. The City issued a Request for Proposal (RFP) for HRIS/Payroll software services in August. Five vendors responded to the RFP and three were invited for an in-depth interview and software demo, including the incumbent, Ceridian Corporation. Ceridian was interviewed regarding their new web-based solution, Dayforce. After additional software demonstrations and client reference checks, the City has selected Ultimate Software Group, Inc to provide this important service. Ultimate Software Group, Inc. has over 2,700 customers with employees in 160 countries. Their customer service model includes an Account Manager that is each customer's primary point of contact who is paid by performance relating to how well they solve their customer's issues. With this move, the City of Eden Prairie would be the first public sector organization in Minnesota to contract this type of service, although Ultimate Software Group, Inc services several other public sector entities across the United States. Ultimate Software Group, Inc's HRIS and payroll services would provide greater functionality at a slightly higher cost than Ceridian. Ultimate Software Group, Inc is offering a three year contract, with no price increases through the first 3 years. Any increase thereafter has a 5% cap annually. Ultimate Software Ceridian -Dayforce Implementation Costs Estimated$89,250 Estimated $123,620 Ongoing Costs Estimated$94,848 Estimated $85,216 Ultimate Software Group, Inc's software would offer the following additional functionality: • Completely integrated web-based HRIS,payroll, time and attendance; • One supported system for over 20 years that is upgraded—no need to change systems or worry that it will become unsupported in the future with added costs; • Scheduling features that will possibly eliminate other software products used within the City; • A fully configurable web-based system with free upgrades twice per year that will not impact configurations (as opposed to the customizations we currently have with Ceridian Corporation); • Employee self-service which will allow employees to request time off,update dependents, change their address, change their tax deduction or to enroll in benefits online; • Manager views which allow managers to run reports on hours worked,pay, leaves, etc; and • 24/7 web-based access from any location and mobile devices. The move to Ultimate Software Group, Inc. will be mostly beneficial for the Human Resources Division with additional, smaller benefits for managers and the Finance Division. We expect this software change to eliminate the need for overtime hours currently worked by our Payroll Specialist and create additional efficiencies in Human Resources with data entry so that we may spend our time more effectively. Attachments SaaS Services Agreement SaaS Services Agreement 1.CUSTOMER. Organization Name: City of Eden Prairie Billing Address: 8080 Mitchell Road City: Eden Prairie State: MN Zip: 55344 Phone: 952-949-8300 Fax: Contact Name: Christine Ruzek Title: Human Resources Supervisor Contact Email: cruzek@edenprairie.org Legal Name: City of Eden Prairie State of Incorporation: MN 2. Number of Compensated Employees 650 Minimum Number of HR Only Employees 0 3. Effective Date of the Agreement November 18,2014 The Ultimate Software Group, Inc. ("Ultimate Software")makes available certain software for its customers to purchase as a service. The software and service are subject to the attached General Terms and Conditions and Exhibits attached hereto all collectively hereinafter referred to as the "Agreement". Ultimate Software and CUSTOMER (as outlined in Section 1 above)may each individually be referred to as a"Party"and may collectively be referred to as the"Parties". 4.A. Subscription Offering (as defined below and in the General Terms and Conditions)and pricing: UltiPro Agreement Subscription Fee $15.20 per Compensated Employee per month Plus $4.00 per HR Only Employee per month UltiPro includes the following Software Modules only: UltiPro Core Complete human resource and payroll administration delivered through the secure UltiPro portal which includes human resources, payroll administration, benefits administration, employee self-service, standard and adhoc reports library, customer specific interfaces for general ledger, and W-2 print services. Role-based access for managers to view or update team information, review/approve employee requests or changes, and run key standard reports for better management decisions.Web services application allows customers to exchange trusted, real-time workforce data. Federal, state, and local tax filing and deposit service, check printing service (live checks only), wage attachment service pursuant to the Payment Services Exhibit I attached hereto. Career Development which includes tools needed to chart employee professional growth and effectively manage development opportunities to help employees develop the skills, knowledge, and qualifications necessary to contribute to the company's success. Web-based open enrollment setup and reporting for administrators;web-based benefit elections and life event changes for employees. Access to an online human resource and benefits library containing human resource content and tools for two (2) users (currently powered by HR360). Human resource record keeping only for CUSTOMER's non-United States/Canadian persons who are not compensated or paid using the UltiPro software or services but are active in the UltiPro software for purposes of tracking demographic information. In addition, CUSTOMER shall be charged a Subscription Fee of $1.00 per Terminated Web Employee per month (as defined in Section 1 of the General Terms and Conditions) commencing on the First Live Date. UltiPro Time Management Provides time reporting through various data collection methods, including time-clocks and web-based timesheets; allows supervisor administration through electronic approval of timesheets and time off requests; provides consistent application of company pay rules for overtime, holiday pay and differentials as well as equal enforcement of absence policies. Purchase of time-clocks is an additional charge and subject to terms of a separate Purchase Order. B. One Time Activation Fee Per Compensated Employee $105.00 Per HR Only Employee $10.00 One Time Activation Fee shall be for the services as set forth in the UltiPro Services Activation & Deployment Overview which is incorporated by reference. C. Training—Web-based instructor led training and eLearning courseware is available for unlimited use at no charge. D. Interfaces—CUSTOMER specific interface files for General Ledger data export are included at no charge. Creation of additional interface files will be$2,000.00 per interface file format. E. Business Intelligence("BI") reporting tools include the functionality as indicated above plus the following included at no charge: BI Administrators—Two(2)named users designated as UltiPro Report Administrators with rights to create and manage content in Query Studio, Report Studio,Analysis Studio, and Event Studio. BI Authors—Eight(8)named users designated as UltiPro Authors with rights to create content in Query Studio and Report Studio. BI Consumers—Fifty(50)named users designated as UltiPro Consumers with rights to access the business intelligence portal,and view and execute content originating from any studio created by an author. This role does not allow the user to create content in Query Studio, Report Studio,Analysis Studio, or Event Studio. BI Recipients—All Compensated Employees (as defined in Section 1 of the General Terms and Conditions)are eligible to view saved or static report content and alerts generated from UltiPro BI that are made available outside of the business intelligence portal, or distributed through email. F. Additional Optional Consulting Services: (i) Consulting Services which are not included in the standard scope of services as set forth herein shall be performed pursuant to a mutually agreed upon Work Order between the Parties. (ii) Custom Cognos reports—$750.00 per report. (iii) Additional data conversion pricing for the following services: Data Type to Convert Price Employee Status History -for each 7 Year period $3,666.00 Job History—for each 7 Year period $3,666.00 Recruitment—candidate personal data;attachments— $3,666.00 resume, cover letters, and requisitions. In the event CUSTOMER wants additional data conversion and/or interface files after the First Live Date, those services will be performed at a price to be agreed upon in writing at the time and will be billed as incurred. Optional Direct Deposit Advice("DDA")printing service—$0.50 per DDA Any Consulting Services or DDA printing services will be billed on a monthly basis as incurred. CUSTOMER is also responsible for Ultimate Software's preapproved reasonable travel and expenses. 5. Payment Terms: A. One Time Activation Fee The amount due on the Effective Date of this Agreement $68,250.00 B. Subscription Fee 520 Compensated Employees x$15.20=$7904.00 x 3 months=$23,712.00 The Subscription Fees are due quarterly and invoiced thirty(30)days in advance of the quarter. The amount due ninety(90)days from the Effective Date of the Agreement is payment for the quarter commencing on the First Live Date. $23,712.00 Total Fees Due on the Effective Date of this Agreement(A) $68,250.00 Page 2 of 20 IN WITNESS WHEREOF,the Parties hereby confirm and agree that the Agreement shall be effective as of the date set forth above and that all terms and conditions have been agreed upon. City of Eden Prairie The Ultimate Software Group, Inc. Name: Name: Title: Title: Signature: Signature: Date: Date: City of Eden Prairie Name: Title: Signature: Date: Page 3 of 20 GENERAL TERMS AND CONDITIONS Preamble: This Agreement is effective as of the Effective Date outlined above between The Ultimate Software Group Inc. ("Ultimate Software"), a Delaware Corporation with offices at 2000 Ultimate Way, Weston, FL 33326 and the organization specified as CUSTOMER as referenced above. Ultimate Software is engaged in the business of providing software, support, activation, consulting, training and Software as a Service type ("SaaS") services, and CUSTOMER wishes to use Ultimate Software's UltiPro software, support, activation, consulting, training and SaaS services on a subscription basis (the "Subscription Offering"). In consideration of the covenants and agreements contained herein, CUSTOMER and Ultimate Software hereby agree as follows: 1. Fees and Payment Terms "Subscription Fees" — The Subscription Fee is quoted on a Per Employee Per Month ("PEPM") basis. The computed monthly PEPM amount (number of Compensated Employees, HR Only Employees and Terminated Web Employees (all as defined below) multiplied by the applicable Subscription Fee) may increase or decrease if the number of Compensated Employees, HR Only Employees, or Terminated Web Employees increases or decreases but in no event will the Subscription Fee be calculated on less than five hundred and twenty(520)Compensated Employees. "Compensated Employees" are defined as persons employed by or being compensated by the CUSTOMER(i.e., persons receiving a check, advice of deposit, or otherwise compensated by CUSTOMER using the UltiPro software). "HR Only Employees"are defined as all persons who do not have a terminated status in the UltiPro software and are not Compensated Employees. "Terminated Web Employees"are defined as persons with a status of terminated who have access to the UltiPro portal at any time during a month. CUSTOMER acknowledges that it will use the software modules as set forth on Page 1, Section 4.A. of this Agreement for both human resource record keeping and payroll processing activities. Ultimate Software may utilize a script, program, sequence of instructions or functional equivalent to determine an accurate number of Compensated Employees, HR Only Employees, and Terminated Web Employees. Such internal electronic audit shall be conducted in conformity with the Confidential Information paragraph outlined in this Agreement. Commencing on the First Live Date and for a period of thirty-six (36) months thereafter, Ultimate Software agrees not to increase the Subscription Fees.Any increase thereafter shall not exceed five percent(5%)per annum. CUSTOMER agrees to pay Ultimate Software for all fees due pursuant to this Agreement plus any applicable federal, state, and local taxes.All invoices and expense reimbursements are due within thirty-five (35)days of invoice date.All invoices and expense reimbursements not paid within thirty-five(35)days after the date such amounts are due and payable shall bear interest at a rate of one and one half percent(1.5%)per month. Ultimate Software hereby declares that all bills and invoices submitted to Customer are deemed to include the following 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." Payments may be wired to: Wells Fargo Bank, N.A. 420 Montgomery Street, San Francisco, CA 94104 ABA#121000248 Account#2000029434105 Beneficiary Name: The Ultimate Software Group, Inc. Payment may be mailed to: The Ultimate Software Group, Inc. P.O. Box 930953 Atlanta, Georgia 31193-0953 2. Term and Termination This Agreement shall commence on the Effective Date and shall continue in effect from that date until thirty-six (36) months from the First Live Date ("Initial Term")which, for all functionality and services being provided pursuant hereto, is defined as the first date when payroll processing commences for a Compensated Employee to receive a check or advice of deposit from the UltiPro software or the UltiPro software is used for human resource record keeping for an HR Only Employee. CUSTOMER may not cancel the Agreement during the Initial Term except as set forth below. Thereafter, this Agreement shall automatically renew for successive renewal terms of one (1)year each. The CUSTOMER may terminate this Agreement after the Initial Term at any time for any reason by serving written notice of its intention at least ninety(90) days prior to the date of termination. In the event of cancellation, Ultimate Software shall be entitled to compensation for any amounts due to it including, but not limited to, compensation for hours worked as well as outstanding expenses up to the termination date. In addition, either Party shall have the right to terminate this Agreement upon thirty (30) days prior written notice upon any breach hereof by the other Party, provided the party in breach shall not have cured such breach during such thirty(30)day period. Upon termination of this Agreement, all rights granted to CUSTOMER will terminate and revert to Ultimate Software. Page 4 of 20 Within five (5) business days of termination or expiration of this Agreement, Ultimate Software shall provide to CUSTOMER a copy of CUSTOMER's database in a standard structured query language ("SQL") server format via secured file transfer protocol ("SFTP")server at a cost of$500.00 to be billed as incurred. 3. Service Level Objective for Production SaaS Services Ultimate Software's service level objective for the production SaaS environment, including, but not limited to, access to UltiPro software programs and SaaS Services, is to make these services available a minimum of ninety nine and one-half percent(99.5%)of the time as measured over any three(3)consecutive months. In the event all users have no access to the UltiPro software and SaaS Services, these calls will receive the highest priority and Ultimate Software will make best efforts to return these calls within one(1)hour. 4. Proprietary Protection and Restrictions Ultimate Software has and shall have sole and exclusive ownership of all rights, title, and interest in the UltiPro software programs and all modifications and enhancements thereof (including ownership of all trade secrets copyrights, and intellectual property rights pertaining thereto). CUSTOMER is only permitted to use the UltiPro software or any services provided by Ultimate Software for its own employees and is not permitted to provide service bureau, data processing, time sharing services or to otherwise provide payroll or human resource record keeping for third parties. To the extent that any third party software is provided herein, CUSTOMER agrees that it shall only use such software in conjunction with the UltiPro software programs and SaaS services and CUSTOMER acknowledges that it is prohibited from engaging in, causing, assisting or permitting, the reverse engineering, disassembly, translation, adaption or recompilation of any such third party software and that it shall not attempt to obtain or create the source code from the object code of any such software provided to it pursuant to the Agreement, unless explicitly permitted by applicable and mandatory law. CUSTOMER acknowledges that it will not use the UltiPro software programs and SaaS services or any third party software for any illegal purpose or activity. Ultimate Software hereby represents and warrants to CUSTOMER that the services provided will not violate the patent, copyright, or other proprietary rights of any third party, and that Ultimate Software will defend, indemnify and hold harmless CUSTOMER from any claim of copyright, patent or similar infringement provided CUSTOMER notifies Ultimate Software in writing immediately upon notice of such claim and cooperates fully in the defense of such claim. Ultimate Software shall have full and exclusive control of any such defense and settlement of the claim. 5. UltiPro Product Support Services Ultimate Software shall maintain a National Customer Support Center(NCSC)capable of receiving telephone,fax, modem or Internet transmission reports of software irregularities. CUSTOMER may report software or operator problems and seek assistance in the use of the UltiPro software. Ultimate Software will maintain a product-trained and knowledgeable staff capable of rendering the services set forth in this Agreement. Ultimate Software will use all reasonable diligence to correct verifiable and reproducible errors when reported to the NCSC. Performance of UltiPro Product Support Services or other services is contingent upon all payments, due to Ultimate Software pursuant to this Agreement or any other agreement between the Parties, being paid in a timely manner. 6. SaaS Services and Responsibilities "SaaS Services" consist of providing the necessary network infrastructure, computer hardware, third party software, database administration services and connectivity point at the SaaS environment in accordance with Ultimate Software's then standard SaaS procedures. CUSTOMER will be responsible to provide for the specified connectivity between the CUSTOMER's location(s) to the Internet. CUSTOMER agrees that Ultimate Software will have no liability for and CUSTOMER will not be excused from any of its obligations under the Agreement as a result of the quality, speed or interruption of the communication lines from the CUSTOMER's location(s)to the Internet. Provided CUSTOMER supplies the communication connectivity to the Internet, Ultimate Software shall provide the CUSTOMER access to the SaaS environment servers and the UltiPro software as needed with support personnel being available as stated under the UltiPro Product Support Services section above. 7. Audits Ultimate Software will have, at a minimum, an annual site audit of its facility's Information Technology General Controls including, but not limited to, information security controls, performed by a recognized third-party audit firm based on the recognized audit standard SSAE 16 or equivalent. Upon request, Ultimate Software will make available to CUSTOMER for review annually, its SSAE 16 audit report or equivalent. Ultimate Software asserts that data included in the audit report is trade secret data and should be treated as Confidential Data pursuant to Paragraph 9. Except as required by the Minnesota Data Practices Act, Customer agrees to treat such audit data as Confidential Data. Any control exceptions noted in the SSAE 16 or equivalent will be addressed in the report with management's corrective action. Page 5 of 20 Ultimate Software will perform a network-level vulnerability assessment, once every twelve (12) months. This audit shall be performed by either a recognized third-party audit firm engaged by Ultimate Software or by Ultimate Software's in- house information security team. 8. Sale,Assignment and Delay CUSTOMER'S rights may not be transferred, leased or assigned except in its entirety to (1) a successor in interest of CUSTOMER'S entire business which assumes the obligations of this Agreement (provided the successor is, after the transfer or assignment, similar in size and nature to CUSTOMER) or (2) any other party who is reasonably acceptable to Ultimate Software, who enters into a substitute version of this Agreement and who pays an administrative fee intended to cover attendant costs. Ultimate Software shall not be liable for any delays in the performance of any of its obligations hereunder due to causes beyond its reasonable control, including, but not limited to,fire, strike,war, riots, acts of civil or military,judicial actions, acts of God, or any other casualty or natural calamity. Ultimate Software reserves the right to commence charging the Subscription Fee to the CUSTOMER prior to the First Live Date if the CUSTOMER by its willful action, inaction or lack of cooperation causes the First Live Date to be delayed. 9. Confidential Information Except as required by the Minnesota Data Practices Act and except as otherwise permitted under this Agreement, Ultimate Software and CUSTOMER will not knowingly disclose to any third party, or make use of any Confidential Information during the term of this Agreement and for three (3) years thereafter. For purposes of this Agreement, "Confidential Information"will mean non-public information of a Party to this Agreement. In addition to the foregoing and except as required by the Minnesota Data Practices Act, the Parties agree to not, at any time, during or at any time after the term of this Agreement, in any fashion,form or manner, either directly or indirectly, divulge, disclose or communicate to any person, firm, or corporation in any manner whatsoever any information of any kind, nature or description concerning any matters relating to each other's business, including, but not limited to, names of employees, CUSTOMER companies, its manner of operation, the nature, or descriptions of, its plans, processes or data of any other kind. This Agreement shall not be deemed to prevent the disclosures of information after having received prior consent from the other Party. This Agreement does not apply to information in the public domain at the time of disclosure, or which is or becomes publicly available without breach of the Agreement, or which is known to the Parties receiving it at the time of disclosure, or which is received from a third party who has not breached any Agreement with the Party claiming confidentiality, or which is disclosed by the Party claiming confidentiality to third parties on a non-restricted basis. Notwithstanding anything to the contrary, although Ultimate Software remains responsible for the confidentiality obligations as set forth in this Agreement, Ultimate Software reserves the right to have Confidential Information processed, managed and/or stored with third parties. 10. Customer Data CUSTOMER shall retain ownership of the entire right, title and interest in and to all materials, data and information provided by CUSTOMER to Ultimate Software, including without limitation, the CUSTOMER data and CUSTOMER Confidential Information, and all intellectual property rights thereto. No ownership rights in such materials, data and information are transferred to Ultimate Software. 11. Ownership and Use of Intellectual Property During the term of this Agreement, as a result of Ultimate Software's efforts under this Agreement, Ultimate Software may generate ideas, inventions, suggestions, copyrightable materials or other information ("Intellectual Property"). Ultimate Software shall have title to such Intellectual Property. To the extent such Intellectual Property is incorporated into work product to be produced by Ultimate Software and delivered to Customer under this Agreement, Ultimate Software grants and Customer hereby accepts a royalty-free, non-exclusive license to use all such Intellectual Property as incorporated into the Ultimate Software work product. 12. Limited Warranty a. Ultimate Software warrants that it has the right to license the use of the UltiPro software, and that there are no pending liens, claims, or encumbrances against the software. b. Ultimate Software warrants to the CUSTOMER that it is solvent, not in bankruptcy proceedings or receivership, nor is it engaged in any proceedings, which would have an adverse effect on its ability to perform its obligations under this Agreement. c. ULTIMATE SOFTWARE WARRANTS THAT THE SERVICES RENDERED WILL CAUSE THE ULTIPRO SOFTWARE MODULES TO SUBSTANTIALLY PERFORM IN ACCORDANCE WITH THE ULTIMATE SOFTWARE ONLINE DOCUMENTATION. ULTIMATE SOFTWARE WILL MAKE ALL NECESSARY CORRECTIONS TO FULFILL THE FOREGOING WARRANTY WITHOUT ADDITIONAL COST TO THE CUSTOMER. DURING THE TERM OF THIS AGREEMENT, THE CUSTOMER'S SOLE AND EXCLUSIVE REMEDY FOR ANY MATERIAL BREACH OF ANY PROVISION OF THIS AGREEMENT (EXCEPT FOR MATERIAL BREACHES: (I) RESULTING OR ARISING FROM THE GROSS NEGLIGENCE OF WILLFUL MISCONDUCT OF ULTIMATE SOFTWARE; (II) RESULTING IN PERSONAL INJURY OR PROPERTY DAMAGE; AND (III) RESULTING OR ARISING OUT OF VIOLATIONS OF INTELLECTUAL PROPERTY RIGHTS, IN WHICH CASES ALL REMEDIES AT LAW OR IN EQUITY SHALL BE AVAILABLE TO CUSTOMER)OR FOR ANY WARRANTY SHALL NOT, UNDER ANY CIRCUMSTANCES, EXCEED THE AMOUNT OF THE SUBSCRIPTION FEE FOR THE TWELVE MONTH PERIOD PRIOR TO THE ALLEGED BREACH. REFERENCE TO BREACH OF THIS AGREEMENT SHALL INCLUDE ANY SUPPLEMENT, ADDITIONS OR AMENDMENTS TO THIS AGREEMENT. IN NO EVENT SHALL ULTIMATE SOFTWARE BE LIABLE FOR ANY Page 6 of 20 LOST REVENUES OR LOST PROFITS, OR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY NATURE WHATSOEVER. THIS DAMAGE EXCLUSION IS INDEPENDENT OF ANY REMEDIES PROVIDED FOR HEREIN. d. ULTIMATE SOFTWARE HEREBY DISCLAIMS ALL WARRANTIES, OTHER THAN THOSE SET FORTH IN THIS AGREEMENT, EXPRESSED OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ULTIMATE SOFTWARE DISCLAIMS ALL WARRANTIES AND RESPONSIBILITY FOR THIRD PARTY SOFTWARE WHICH SHALL BE THE SOLE OBLIGATION OF THE PROVIDER OF THE THIRD PARTY SOFTWARE. 13. Source Code Escrow Agreement. The Parties shall enter into the Escrow Agreement as set forth in Exhibit II simultaneous with the execution of this Agreement. 14. Audit Disclosure and Data Practices. Any reports, information, data, etc. given to, or prepared or assembled by Ultimate Software under this Agreement which the CUSTOMER requests to be kept confidential, shall not be made available to any individual or organization without the CUSTOMER's prior written approval. The books, records, documents and accounting procedures and practices of Ultimate Software or other parties relevant to this Agreement (except for the Customer Data provided by CUSTOMER to Ultimate Software) are subject to examination by the CUSTOMER 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 Ultimate Software in performing any of the functions of the CUSTOMER during performance of this Agreement is subject to the requirements of the Data Practice Act and Ultimate Software shall comply with those requirements as if it were a government entity. To the extent practical all subcontracts entered into by Ultimate Software in relation to this Agreement shall contain similar Data Practices Act compliance language. 15. Independent Contractor. At all times and for all purposes herein, Ultimate Software is an independent contractor and not an employee of the CUSTOMER. No statement herein shall be construed so as to find Ultimate Software an employee of the CUSTOMER. 16. Non-Discrimination. During the performance of this Agreement, Ultimate Software 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. Ultimate Software 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. Ultimate Software further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 17. Insurance. a. General Liability. Ultimate Software shall maintain a commercial general liability insurance policy on form CG0001 (10-01 edition) with limits of at least $1,500,000.00 for each occurrence, for both personal injury and property damage. Ultimate Software shall provide CUSTOMER with a Certificate of Insurance verifying insurance coverage before providing service to the CUSTOMER. b. Worker's Compensation. Ultimate Software shall secure and maintain such insurance as will protect Ultimate Software from claims under the Worker's Compensation Acts. c. Umbrella/Excess. Ultimate Software shall maintain an umbrella or excess policy with limits of at least $10,000,000.00. Ultimate Software shall provide CUSTOMER with a Certificate of Insurance verifying insurance coverage before providing service to the CUSTOMER. 18. Indemnification. Ultimate Software will defend and indemnify CUSTOMER, 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 claims arising out of its gross negligence or willful misconduct, personal injury or tangible personal property damage, and intellectual property claims. CUSTOMER will indemnify and hold Ultimate Software harmless from and against any loss for injuries or damages arising out of the willfully negligent acts of the CUSTOMER, its officers, agents or employees. 19. Subcontract or Assignment. Ultimate Software shall not subcontract any part of the services to be provided under this Agreement except for its Customer Support ticket logging portal, currently SalesForce.com, and its SaaS site providers where its hardware and servers are stored and maintained; nor may Ultimate Software assign this Agreement except for a merger or sale of all or substantially all of Ultimate Software's assets, or any interest arising herein,without the prior written consent of the CUSTOMER which consent shall not be unreasonably withheld. 20. Services Not Provided For. No claim for services furnished by Ultimate Software not specifically provided for in Exhibit A shall be honored by the CUSTOMER. 21. Compliance with Laws and Regulations. Ultimate Software is responsible for knowing of and abiding by all statutes,ordinances, rules and regulations pertaining to the type of services provided pursuant to this Agreement. Page 7 of 20 22. Conflicts. No salaried officer or employee of the CUSTOMER and no member of the Council, or Commission, or Board of the CUSTOMER shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. Any federal regulations and applicable state statutes shall not be violated. 23. Damages. In the event of a breach of this Agreement by the CUSTOMER, Ultimate Software shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 24. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 25. Entire Agreement. This Agreement represents the entire understanding of the Parties with respect to its subject matter, and supersedes and extinguishes all prior oral or written communications between the Parties about its subject matter. No modification of this Agreement will be effective unless it is in writing, is signed by each Party. 26. Publicity. Both Parties agree that Ultimate Software shall be entitled to refer to the existence of this Agreement, and the fact that CUSTOMER is a customer of Ultimate Software. 27. Governing Law. This Agreement shall be governed by and construed in accordance with the internal laws of the state of Minnesota and jurisdiction and venue for any action regarding this Agreement or for breach of it shall be in Hennepin County, Minnesota. The prevailing Party in any such action shall be entitled to recover its reasonable attorneys'fees and costs from the non-prevailing Party. Page 8 of 20 Exhibit I Payment Services Ultimate Software Responsibilities: 1. Prepare,deposit and file CUSTOMER's payroll taxes for those federal, state, and local jurisdictions listed by CUSTOMER on the Company Tax Verification Report(provided to and filled out by CUSTOMER during the payroll implementation process)and any updates provided to Ultimate Software by the CUSTOMER. 2. Prepare a quarterly tax statement for each Federal Employer Identification Number(FEIN).This statement will include a summary of tax liabilities reported throughout the quarter, account reconciliation, and printed returns filed at quarter end. 3. Provide CUSTOMER with a Tax Representative. 4. Answer tax agency correspondence for tax deposits and returns filed by Ultimate Software. 5. File amended returns as required for returns processed by UltiPro Tax Filing Services. 6. Provide W2 agency filings. 7. Investment of Funds Ultimate Software has the obligation to pay CUSTOMER's tax liabilities and wage attachments (to the extent that CUSTOMER has deposited funds with Ultimate Software). The funds held by Ultimate Software will be segregated from other funds of Ultimate Software, but may be commingled with funds of other tax filing customers. Ultimate Software will be entitled to receive all net income generated on any funds held pursuant hereto. 8. Wage Attachments Ultimate Software will prepare and deposit CUSTOMER's wage attachment liabilities for those federal, state, and local payment processing units and any individual third party to which an employee of CUSTOMER owes a debt and has agreed or is compelled by appropriate governmental authority to resolve via attachment of employee's wages. Ultimate Software will make available a report of wage attachment activity to CUSTOMER summarizing funds collection and disbursement transactions completed. Ultimate Software is not obligated to commence providing the Payment Services until Ultimate Software has received all information necessary to disburse wage attachment liabilities. Ultimate Software is not responsible for providing additional administrative services, including, but not limited to, agency research, account reconciliation,wage attachment data input and adjustments. CUSTOMER is solely responsible for the setup of the wage attachments in the UltiPro software in accordance with the UltiPro online documentation and Ultimate Software is not responsible for same. Ultimate Software is not responsible for any pre-existing errors or similar matters arising prior to commencement of these services by Ultimate Software or for any errors that may occur in the event the CUSTOMER fails to provide Ultimate Software with all necessary, complete, and accurate information. 9. Check Printing Ultimate Software will print checks, and if the option pursuant to the Agreement is selected, direct deposit advices for CUSTOMER based on the information from each completed payroll as set forth in the Data Remittance section below. Ultimate Software shall be responsible for providing printed checks and optional direct deposit advices to the commercial overnight carrier provided by CUSTOMER. 10. Reporting for Cash Collection One (1) business day prior to the applicable check date, Ultimate Software shall make available payment service data to CUSTOMER which is applicable to any given payroll closed within the defined parameters as set forth herein, to allow CUSTOMER to generate reports based on such data at the open of normal business hours. Page 9 of 20 CUSTOMER responsibilities: 1. Data remittance CUSTOMER will complete its payroll before 12:00 noon (CUSTOMER's local time), no less than two (2) business days prior to the applicable check date(s). CUSTOMER acknowledges that the data and all information from the completed payroll from UltiPro software will be the basis for the Payment Services as provided for herein. CUSTOMER acknowledges and agrees that Ultimate Software will conduct an internal electronic audit of CUSTOMER's masterfile(s)database in order to review and export data, on an as needed basis, in order to prepare quarterly or annual tax filings for CUSTOMER. 2. Funds collection One (1) business day prior to the payroll check date(s) for tax liabilities not requiring a "next day" payment date, Ultimate Software will initiate an automated clearing house ("ACH") debit from the CUSTOMER's designated bank account for the total tax liabilities and wage attachments associated with the given pay period. For any tax liability within a given pay period requiring a "next day" payment, Ultimate Software will initiate a reverse wire from the CUSTOMER's designated bank account for the total tax liabilities associated with the CUSTOMER's payroll. At the times specified above, Ultimate Software will collect funds to cover the total payroll tax liability (to include any applicable penalties and interest, etc.) of CUSTOMER. Ultimate Software will direct the transfer of funds from CUSTOMER's designated bank account to Ultimate Software's account by electronic funds transfer. CUSTOMER agrees to maintain good and sufficient collected funds in the CUSTOMER's designated bank account to cover all funding transactions to be made under this Payment Services Exhibit. In the event CUSTOMER fails to maintain such good and sufficient collected funds, Ultimate Software may terminate performance of the Payment Services only upon notice to CUSTOMER and charge CUSTOMER for any applicable fees, penalties, and interest. 3. Record of Tax Disbursement and Wage Attachments Ultimate Software will not be liable for any invalidity or inaccuracy caused by CUSTOMER unless CUSTOMER so notified Ultimate Software within one (1)business day of CUSTOMER's completion of payroll for the applicable check date or within ten (10)days of quarterly records from Ultimate Software. Upon Ultimate Software making available to CUSTOMER any and all records of tax disbursements prepared and wage attachments by Ultimate Software pursuant to this Payment Services Exhibit, CUSTOMER will examine all records for validity and accuracy according to CUSTOMER's records. CUSTOMER will immediately notify Ultimate Software of any inaccuracies or inconsistencies. The specific record retention schedules established by governmental entities applicable to CUSTOMER are the responsibility of CUSTOMER and are not the responsibility of Ultimate Software or the services being provided under this Agreement. Ultimate Software has no responsibility or liability for maintaining or retaining said records for CUSTOMER. CUSTOMER agrees to timely execute any and all documents presented by Ultimate Software in order to effectuate carrying out the Payment Services. Ultimate Software, in its discretion, may terminate the Payment Services only in the event CUSTOMER fails to execute such documents when requested by Ultimate Software. CUSTOMER agrees that it will timely respond to any and all requests made by Ultimate Software. Ultimate Software may amend or update the terms of this Payment Services Exhibit only as reasonably determined by Ultimate Software or as mandated by any governmental agency or taxing authority provided same does not adversely impact CUSTOMER's normal business operations and in such an event, then CUSTOMER shall have the option to reject this change, in good faith, within thirty (30) days of receipt of notice of such change by providing written notice to Ultimate Software. Upon such rejection, Ultimate Software shall have the option to not make said change or terminate this Payment Services Exhibit only. CUSTOMER agrees to cooperate and diligently perform its responsibilities as set forth in this Payment Services Exhibit and acknowledges that failure to do so may result in additional fees or costs to CUSTOMER. Ultimate Software shall provide CUSTOMER with ten (10)days advanced written notice of its intent to charge such additional fees and/or costs, and CUSTOMER shall have the opportunity to cure same during such ten (10)day period. 4. Tax Information Acknowledgment: As required by the Internal Revenue Service,the following information must be disclosed to taxpayers that utilize a third party to perform tax filing services on its behalf: CUSTOMER acknowledges that it is responsible for the timely filing of employment tax returns and the timely payment of employment taxes for its employees,notwithstanding,that CUSTOMER has authorized Ultimate Software to file the returns and make the payments on its behalf. The Internal Revenue Service recommends enrollment in the U.S.Treasury Department's Electronic Federal Tax Payment System (EFTPS)to monitor your account and ensure that timely tax payments are being made. Enrollment in the EFTPS may be done online at www.eftps.gov,or call(800)555-4477 for an enrollment form. State tax authorities generally offer similar means to verify tax payments. Contact the appropriate state offices directly for details. Page 10 of 20 Exhibit II ESCROW AGREEMENT BETWEEN THE ULTIMATE SOFTWARE GROUP,INC.("Ultimate") AND City of Eden Prairie("CUSTOMER") Recognizing that CUSTOMER has elected to use Ultimate's Software as a Service ("SaaS") services, Ultimate hereby agrees to place in escrow with Becker & Poliakoff, P.A. ("Escrow Agent") the source code and documentation ("Documentation") of the UltiPro Software ("Software"). Ultimate further agrees to update the Documentation,at the expense of Ultimate,on at least a quarterly basis. The Escrow Agent will release the Software and related Documentation to the CUSTOMER in the event that Ultimate permanently ceases business operations as a result of bankruptcy and/or receivership and/or discontinues to support and maintain the product for all or substantially all of its customers, but not as a result of merger, sale or other reorganization if the product continues to be supported by the successor or surviving company. EXCEPT AS REQUIRED BY THE DATA PRACTICES ACT, UNDER NO CONDITION SHALL CUSTOMER MAKE DOCUMENTATION OR DERIVATIVE PRODUCTS AVAILABLE TO ANY THIRD PARTY. THE DOCUMENTATION OR KNOWLEDGE GAINED FROM THE DOCUMENTATION MAY NOT BE USED BY CUSTOMER FOR THE CREATION OF ANY SIMILAR PRODUCT. THE CUSTOMER MAY CONTINUE TO USE THE SOFTWARE ONLY FOR ITS INTENDED PURPOSE UNDER THE ULTIPRO AGREEMENT. Escrow Agent's duties, obligations and liabilities are solely limited to holding the source code and documents pursuant to this Agreement. In the event of doubt as to Escrow Agent's duties or liabilities under this Agreement, Escrow Agent may, in Escrow Agent's sole discretion,either (i) continue to hold the source code and documents until the parties mutually agree, in writing, to a resolution of any disagreement as to distribution of the source code and documents, or until a judgment of a court of competent jurisdiction shall determine the rights of the parties or (ii) deposit the source code and documents with the Clerk of the Circuit Court having jurisdiction of the dispute, and upon notifying the parties concerned of such action, all obligations and liability on the part of Escrow Agent shall terminate. In the event of any dispute or suit wherein Escrow Agent is made a party by virtue of acting as Escrow Agent hereunder, or in the event of any suit wherein Escrow Agent interpleads the subject matter of this escrow, the parties agree to pay Escrow Agent its reasonable attorneys' fees and costs including reasonable attorneys' fees and costs for post judgment proceedings. All parties agree that Escrow Agent shall not be liable to any party or person whomsoever for any reason whatsoever, except for Escrow Agent's failure to perform the duties, obligations and liabilities hereunder, and the parties agree to indemnify and hold the Escrow Agent harmless from any claims, demands, causes of action, liability, damages or judgments, including the cost of defending any action against it, together with any reasonable attorneys'fees incurred therewith. All parties agree that Escrow Agent may represent itself with respect to this transaction and matters arising out of this transaction. The Escrow Agent may act in reliance upon any writing or instrument or signature which it, in good faith, believes to be genuine, may assume the validity and accuracy of any statements or assertions contained in such writing or instrument, and may assume that any person purporting to give any writing, notice, advice or instruction in connection with the provisions of this Agreement have been duly authorized to do so. The Escrow Agent undertakes to perform only such duties as are expressly set forth herein, and no implied duties or obligations shall be read into this Agreement against the Escrow Agent. Upon the Escrow Agent's being paid its reasonable fees(not to exceed $1,000.)for acting as Escrow Agent (which shall be payable by the party to whom the source code and documents are being distributed), and its distributing the source code and documents in accordance with the provisions of the second full paragraph of this Agreement,the Escrow shall terminate and Escrow Agent shall thereafter be released of all liability hereunder. In the event Ultimate discontinues the services of the above named escrow agent, Ultimate will notify CUSTOMER and engage a new escrow agent within seven(7)business days. The ULTIMATE SOFTWARE GROUP, INC. City of Eden Prairie City of Eden Prairie By: By: By: Signature Signature Name: Name: Name: Title: Title: Title: Date: Date: Date: ESCROW AGENT BECKER&POLIAKOFF, P.A. By: Signature Name: Title: Date: Page 11 of 20 U Iti Pro Services Activation and Deployment Overview The Ultimate Software Group, Inc. 2000 Ultimate Way Weston, Florida 3326 Phone: 800-432-1729 Fax: 954-331-7300 www.ultimatesoftware.com Page 12 of 20 TABLE OF CONTENTS 1 WELCOME TO ULTIMATE SOFTWARE 2 INTRODUCTION TO ULTIPRO ACTIVATION SERVICES 2.1 DEPLOYMENT STRATEGY 2.2 PROJECT MANAGEMENT PROCESSES 2.3 DEPLOYMENT LIFECYCLE 2.4 PROJECT TEAM COMPOSITION 2.5 ITERATIVE SOFTWARE CONFIGURATION 2.6 TRAINING AND KNOWLEDGE TRANSFER Page 13 of 20 Welcome to Ultimate Software Thank you for selecting Ultimate Software as your human capital management(HCM) partner.We are excited to have the opportunity to work with you and your project team to implement your UltiPro solution. At Ultimate, we take pride in our company, culture, solutions, and the services we deliver to our customers.We have an unwavering commitment to excellence that will ensure a successful deployment and continued support of the UltiPro solutions your organization has chosen to take advantage of. By selecting UltiPro, you have chosen an award winning HCM solution. Now, we are excited to show you why we are the best service team in the industry. The UltiPro service team has completed hundreds of successful deployments. Our project successes are credited to Ultimate's proven activation and deployment methodology and our disciplined approach to project execution. As you read this document and participate in your UltiPro deployment, you will learn that we have assembled industry accepted tools and techniques to create a proven and effective activation methodology. Using best practices and our proprietary activation methodology,we are able to ensure a successful deployment and enable the fastest return on your investment in UltiPro. Once again,thank you and welcome!We are looking forward to a long and successful partnership. About this Guide The purpose of this document is to provide you with an overview of the activation methodology Ultimate Software uses to deploy UltiPro. An activation methodology is a collection of best practices, policies, procedures, tools, and templates used to implement products and services. The activation and deployment methodology described in this document is based on methodology that is generally accepted by HCM and project management experts. Additionally, this guide can also be used as a training tool for your project team. Page 14 of 20 Introduction to UltiPro Activation Services Deployment Strategy The deployment of a human capital management software solution is a complex endeavor that must be guided by strategic objectives. Ultimate's activation and deployment strategy is designed to reduce overall project complexity and ensure our customers achieve the following common goals: ■ Realize a rapid return on investment ■ Provide a lower total cost of ownership ■ Deliver sophisticated solutions to small and mid-market organizations ■ Enable Employee and Manager Self-Service and self-configuration ■ Command a high user adoption rate across the solution To achieve the goals listed above, we have engineered a best practice product deployment schedule and a software configuration sequence for each product. The product deployment schedule depicts the best practice sequence and duration to deliver each product that can be purchased from Ultimate Software. This sequence and durations can be tailored to meet your specific business needs. The best practice product deployment schedule is as follows: ■ Core UltiPro HR/payroll contract date+ 16 weeks ■ Time Management contract date+ 16 weeks ■ Life Events contract date+ 18 weeks ■ Recruiting contract date+ 18 weeks ■ Onboarding contract date+ 18 weeks ■ Performance Management contract date+20 weeks ■ Benefits Open Enrollment seasonal ■ Compensation Management seasonal The software configuration sequence for each solution details logical segments of full functioning software that supports your business processes. Each segment is referred to as configuration iteration. Each iteration consists of the following steps: ■ Collecting and profiling relevant data elements ■ Analyzing the data elements ■ Configuring features and functions ■ Unit testing Each iteration is segmented in to a manageable but meaningful set of features. For example, your first deployment iteration consists of the project team configuring all required components to calculate a gross hours to net paycheck for all employees. All iterations are easily recognized by human resource and payroll professionals. For clarification, please refer to the figure below. It shows a sample of the overall product deployment schedule, product offering, and configuration iterations: Page 15 of 20 (---- ----- Product Deployment Schedule : Week 16 Week 16 Week 18 Week 18 Week 20 Seasonal its Core UltiPro UltiPro Time Recruitment Onboarding Performance Bene� HR/PR Management •Iteration 1: •Iteration 1: Management Enrollment and Analysis of Analysis of new Compensation •Iteration 1: •Iteration 1: Y Y Iteration 1: Analysis Analysis Recruitment employees Analysis of •Iteration 1: •Iteration 2: •Iteration 2: Processes onboarding Review Analysis of Configuration System •Iteration 2: Processes Processes Review Processes •Iteration 3:Data Configuration Configuration of •Iteration 2: •Iteration 2: ■Iteration 2: Conversion and Clocks Processes and Configuration of Configuration of Configuration of Configuration Business Rules Processes and Processes and Processes and •Iteration4: Business Rules Testing •Iteration 3: •Iteration 3: Business Rules Business Rules •Iteration 5:Go Testing Recruiting •Iteration 3: •Iteration 3: ■Iteration 3: Live on Ultipro •Iteration4:Go Process Onboarding Performance Performance Live Process Review Process Review Process Deploying UltiPro in this iterative and incremental manner minimizes the amount of change introduced to your technical systems and business processes at points in time, therefore reducing your change management risk exposure. This approach also allows your project team and end users to understand and effectively use one component before introducing the next component. The initial UltiPro deployment will focus on transferring your existing products,features, processes, and data in place with your legacy provider's system to UltiPro. These components are typically payroll processing centric (and if applicable, time and attendance). Upon request, however, the scope of the initial deployment can be extended to include human resources data elements. Once the activation team has migrated your legacy provider's components to UltiPro, the team will continue to optimize the solution by adding new products, features, and data in order to the complete the solution. Components that should be considered for subsequent deployments include Recruiting, Onboarding, Performance Management, Advanced Employee and Manager Self- Service, additional employee data conversion items that are not stored in your legacy system, Benefits Open Enrollment, and Compensation Management. Ultimate will partner with you to develop the right product deployment sequence for your organization. The UltiPro Activation methodology is composed of business methods, tools, processes, best practices, policies and standards. This document does not detail the entire methodology but does, however, provide a comprehensive overview of the following key components: Project Management Processes, Project Team Composition, Deployment Life Cycle, Iterative Configuration, Training and Knowledge Transfer. All of these items are co-dependent; therefore, a change to one of these items will result in a change to all items. Ultimate Software provides general project oversight for the duration of the project through a Regional Manager or Project Manager dependent on size and complexity. Your Regional Manager or Project Manager will partner with your project lead to manage these types of changes and the overall project risk. Page 16 of 20 Project Team Composition I Project Training and Knowledge Management DeploymentLifecycle Transfer Processes Iterative Configuration Project Management Processes Defining the scope is the process of reviewing all contract documents and confirming deliverables the project team will complete. The scope is defined with the Scope Confirmation Document during the planning phase. This is a project initiation activity. Planning for resources is the process of assembling the project team. It is imperative that the proper resources with the right skills are available for specific tasks when needed. The resource plan is a combination of the roles and responsibilities detailed in the kick off presentation and the milestone schedule. This is a project initiation activity. Developing the project schedule is the process of creating a list of tasks and placing them in sequence with due dates. The project schedule also includes identifying critical tasks and milestones so the project team knows where to focus their efforts and can track their progress. The project schedule is documented in the Project Workbook. This is a project execution activity. Creating and maintaining the action log is the process of creating then maintaining a list of open action items that have been identified but not resolved. The Action Log is documented in the Project Workbook. This is a project execution activity. Facilitating status meetings is the process of scheduling and executing recurring team meetings to review the project schedule, action log, and project risks. The purpose of the meeting is to present an overall status to the team. This process does not include working sessions to address open items. Working sessions to resolve items will be scheduled outside of the status meetings. This is a project control activity. Conducting quality assurance tests is the process where project team members execute test plans against your configuration to verify that all components execute and record transactions successfully. Quality assurance tests include unit testing, system testing, and user acceptance testing. This is a project control activity. Managing change is the process of identifying, approving, and authorizing new scope to the existing project once the product deployment schedule has been agreed to and documented in the Scope Confirmation Document. A change must be material to invoke the change control process.All immaterial changes will be managed through the action log. This is a project control activity. Closing the project is the process of confirming that all project deliverables included in the Scope Confirmation Document have been delivered and accepted by an authorized team member. It also includes a lessons learned session that is optional for project team members to attend, but critical for Ultimate Software so that we may work even better on future projects.This is a project close activity. Deployment Lifecycle The deployment lifecycle provides a road map that generally describes how the project will progress from the start to finish. The project team follows this roadmap to transition your existing HCM functions from Page 17 of 20 your legacy provider to UltiPro. It also includes details about the iterative progressions of design, configure, test and deploy. The deployment lifecycle description provides you and your team with enough information to estimate your team's level of effort and time required throughout the project. Plan This project phase is designed to introduce all project team members to the project and its scope. It is also intended to establish general work agreements that are acceptable to all project team members. Prototype This phase is designed to profile your configuration through review of existing reports, analyze requirements to develop a solution design, and configure the solution. This is inclusive of all UltiPro solutions intended to be deployed on your first live date. This phase will also provide unit testing to ensure that each iteration delivers a fully configured component of the system. Validate This phase is designed to provide comprehensive testing for all components that will be deployed on first live date. Deploy This phase is designed to finalize configuration and data in order to execute a first live payroll process. *Optimize This phase is designed to implement additional products and services purchased but deferred to a later deployment date. Execution during this phase is critical in achieving the full value from the unified solution. Layering in additional features, functions, and product on top of your core UltiPro solution produces the highest efficiency yields and the largest return on your investment. Page 18 of 20 The following figure depicts the high-level deployment lifecycle: Plan - Project Initiation -Scope Confirmation - Resourcing - Project Schedule -QualityAssurance Plan -Communication Plan Validate -Training Plan -Convert EEs Optimize -Action Items log - User Acceptance Testing -Deploy Other Products C.; IC; Prototype Deploy -Profile -Introduction to Support -Analyze -YTD Conversion -Configure -System Initialization -QualityAssurance Tests -Initial Deployment • Unit Test -Close the Project •System Testing Project Team Composition The project team is assembled using team members from your company and Ultimate Software or an Ultimate Software Activation Partner. The project team exists for the duration of the project. Prior to the end of the project, an ongoing support team will also be introduced. All project tasks are completed through our virtual (offsite)deployment model. All activation and deployment resources are available virtually.Additionally,your team is not required to travel to Ultimate Software for any part of the activation process. Unless otherwise agreed to in an authorized work order, Ultimate Software's team members will not travel to your locations to complete the project. If onsite work is preferred or required, please discuss this exception with the Ultimate Software Regional Manager.We have consulting service solutions that are not included with the infrastructure and activation fee, but can be purchased as a value added service. The day-to-day project coordination effort will be facilitated by the UltiPro Consultant or Project Manager and your project leader. UltiPro Consultants and/or Project Managers are ultimately responsible for project deliverables and the timeliness of these deliverables. They will also facilitate the change control process and engage executive leadership from our respective organizations as needed. The Regional Manager will be the single point of coordination and escalation for all Ultimate Software resources throughout your deployment. The UltiPro Consultant or Project Manager will work with your project leader to provide project leadership to your team members. The following table is provided to list the roles required for the project: Page 19 of 20 Project Team Customer Team Ultimate Software Team Executive Sponsor Regional Manager/Project Manager Project Leader UltiPro Consultant Payroll Subject Matter Expert Time Management Consultant Human Resources Subject Matter Expert Talent Management Consultant Benefits Administrator Benefits Consultant Iterative Software Configuration As previously described, the UltiPro Services team uses a modified agile software configuration approach. By definition this approach is iterative in nature. The process begins with your strategic goals, our best practice product deployment schedule, our product configuration sequence, and your existing system's configuration profile as a baseline. Doing so provides the project team with a tremendous amount of insight to your software requirements. It also creates momentum on the project and ensures that our incremental approach allows the project team to be mindful of the long term goals of the solution. As described above, each configuration iteration provides a full-functioning UltiPro component. These components serve as a prototype that the project team can perform unit tests on and approve for production. We believe that the use of prototypes during configuration is the best way to ensure that we can meet your requirements with the least amount of resource investment and rework from both of our teams. To arrive at each prototype, we will begin by profiling your requirements by reviewing reports and documentation that you can provide to us that describes how you use that component. For example, payroll registers offer us a tremendous amount of insight in to how your payroll system is currently configured. From this we can determine which earning codes, deduction codes, locations, and taxes code that need to be configured along with several attributes of these codes. Once we have profiled the component, we will analyze the data provided to offer advice and suggestions on how to best configure these components within UltiPro. Once we have agreed upon a design, your consultants will configure a prototype for acceptance. At the core of our iterative software configuration is our desire to collaborate with you and to provide you with a hands-on approach to configure the solution.We believe that this method will produce a product that is more closely aligned with your business process, will be higher in quality, and will enable your team to learn your UltiPro solutions as we configure them. Training and Knowledge Transfer We believe that effective training and knowledge transfer are the keys to high user adoption rates. Not having your team effectively trained can quickly erode any benefits received from the solution. Training that results in self-sufficient administrators, managers, and employees increases the efficiency of the solution and your business processes. Our training portfolio includes Web-based instructor led training and online tutorials. You can register for virtual instructor led training through the Training page of the Customer Success Portal. These classes are scheduled regularly and are best attended from the trainees work location. The online tutorials can be viewed at any time by the trainee through the product itself. These online tutorials can be played and replayed as often as the trainee desires at no additional cost.All courses are role specific and have a practical application for each role. Ultimate's training model includes a role-based learning plan for you. Each role within your organization has a specific set of courses required at specific points in the activation process. Having role-based training classes ensures your team members are trained on the processes they will use in their day-to-day interactions with the system. Timing this training is key. We aim to provide the training with as little time between training delivery date and system usage as possible. This ensures your users have an opportunity to reinforce the training through real- life application before they begin to lose the skills gained in training. Page 20 of 20 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar November 18, 2014 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.J. Paul Sticha, Administration, Maintenance Facility Front Office Facilities Remodel Requested Action Move to: Award the contract for construction of offices and lobby remodel at the Maintenance Facility to RJ Marco Construction, Inc. Synopsis Recent staffing changes led to a small reorganization in Streets and Parks, including moving two Parks staff from City Hall to the Maintenance Facility. These changes necessitate the modification of the existing lobby area, creation of a new office and relocation of several workstations. Plans and specifications were prepared by DSO Architecture. Three firms submitted bids. Base Bid Diversified Construction $46,200.00 Integrity Remodeling $43,124.11 RJ Marco Construction $39,833.00 Staff recommends awarding the contract to the lowest bidder, RJ Marco Construction. Standard Construction Contract This Contract ("Contract") is made on the 18th day of November, 2014, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and RJ Marco Construction, Inc., a Minnesota Corporation (hereinafter "Contractor") whose business address is 75 West Viking Drive, Suite 104, Little Canada, MN 55117. 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 the Eden Prairie Maintenance Building Front Office Remodel, 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 plans by DSO Architecture dated 07/10/14 and Contractor's Proposal attached. 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 April 30, 2015. 3. Compensation for Services. City agrees to pay the Contractor a fixed sum of $39,833.00 as full and complete payment for the labor, materials and services rendered pursuant to this Contract and as described in Scope of Work/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. Project Manager. The Contractor has designated Jim Lee to Manage the Work. He 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 2014.01 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 2014.01 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 2014.01 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. 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. 17. 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. 18. 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: Jim Lee RJ Marco Construction, Inc. 75 West Viking Drive, Suite 104 Little Canada, MN 55117 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 2014.01 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. 19. 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 (shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. d. Contractor shall maintain "stop gap" coverage if Contractor obtains Workers' Compensation coverage from any state fund if Employer's liability coverage is not available. Standard Construction Contract 2014.01 Page 6 of 10 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 coverages 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. o. Effect of Contractor's Failure to Provide Insurance. If Contractor fails to provide the specified insurance, then Contractor will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of Standard Construction Contract 2014.01 Page 7 of 10 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. 20. 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. 21. 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. 22. 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 2014.01 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. 23. 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. 24. 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. 25. Rights and Remedies. The duties and obligations imposed by this Contract and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 26. Assignment. Neither party shall assign this Contract, nor any interest arising herein, without the written consent of the other party. 27. 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. 28. 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. Standard Construction Contract 2014.01 Page 9 of 10 29. 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. 30. 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. 31. 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. 32. Governing Law. This Contract shall be controlled by the laws of the State of Minnesota. 33. 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. 34. Counterparts. This Contract may be executed in multiple counterparts, each of which shall be considered an original. 35. 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. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Nancy Tyra-Lukens, Its Mayor Rick Getschow, Its City Manager RJ MARCO CONSTRUCTION, INC. Jim Lee, Its Vice President Standard Construction Contract 2014.01 Page 10 of 10 CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda November 18, 2014 DEPT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.K. Rick Getschow/City Small Business Saturday Proclamation Manager This is the fourth year the City of Eden Prairie is supporting the Small Business Saturday initiative by approving a proclamation. Small Business Saturday is a national initiative that marks a day to support the local businesses that create jobs, boost the economy and preserve neighborhoods around the country. The inaugural Small Business Saturday was held in 2010 and involved 130 small business advocate groups, 1.2M Facebook users,public and private organizations, and local governments. PROCLAMATION DECLARING NOVEMBER 29, 2014 AS SMALL BUSINESS SATURDAY IN EDEN PRAIRIE WHEREAS,the government of the City of Eden Prairie, celebrates our local small businesses and the contribution they make to our local economy and community; and WHEREAS,according to the United States Small Business Administration,there are currently 23 million small businesses in the United States,representing more than 99 percent of American companies,creating two-thirds of the net new jobs, and generating 46 percent of private gross domestic product; and Whereas, small businesses employ half of the employees in the private sector in the United States; and Whereas 89 percent of consumers in the United States agree that small businesses contribute positively to the local community by supplying jobs and generating tax revenue; and Whereas 86 percent of consumers in the United States have small businesses in their community that the consumers would miss if the small businesses closed; and Whereas 93 percent of consumers in the United States agree that it is important for people to support the small businesses that they value in their community; and Whereas 90 percent of consumers in the United States are willing to pledge support for a "buy local" movement; and WHEREAS, the City of Eden Prairie supports our local businesses that create jobs, boost our local economy and preserve our neighborhoods; and WHEREAS, advocacy groups and public and private organizations across the country have endorsed the Saturday after Thanksgiving as Small Business Saturday. NOW,THEREFORE,the Eden Prairie City Council does hereby proclaim,November 29, 2014, as: SMALL BUSINESS SATURDAY Nancy Tyra-Lukens Mayor CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar November 18, 2014 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.L. Stuart Fox, Parks and Natural Approve Change Order for Homeward Hills Resources Manager, Parks and Parking Lot and Trail Reconstruction Work Recreation done by Bituminous Roadways, Inc. Motion Move to: Approve the change order for the reconstruction of parking lots and trails within Homeward Hills Park done by Bituminous Roadways, Inc. in the amount of $41,498.50. Synopsis The City awarded the contract to Bituminous Roadways for the reconstruction of 3,999 square yards of parking lot, 1,230 lineal feet of existing 8 foot wide trail and the construction of 625 lineal feet of new 8 foot wide trail at Homeward Hills Park in April 2014. While the contractor was preforming the paving work this fall, it was discovered that there had been a math error by City Staff in tallying the parking lot square yardage total. 2,509 square yards of paving for the park entry drive was not included in the project bid total. The contractor was in the process of finishing this large paving project and verbally committed to honoring their square yard unit bid price to complete the work without any delays. The work was completed in a timely manner and resulted in an increase of$41,498.50 to the project cost. Staff recommends that the City Council approve the change order. Attachment Letter from the Bituminous Roadways . Y.-.—. + .00 BITUMINOUS ROADWAYS, INC. 1520 COMMERCE DRIVE MENDOTA HEIGHTS,MN 55120 PHONE(651)686-7001 FAX(651)687-9857 October 17,2014 Mr.Stuart Fox 8080 Mitchell Rd Eden Prairie MN 55344 Re: Homeward Hill Park project Mr. Fox, There was a bust in the quantities for the Homeward Hill Park project. Dissecting the project with Doug Ernst we determined the driveway off of Silverwood Dr. did not get included in the square yard quantities on the bid form. This created the increase of the invoice of$41,498.50. Please contact me with any questions in this matter. Sincerely, _ ,./.7 Jason Krause Project Manager Affirnialive Action Employer/Cor7traclor www,bitroads.com CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda November 18, 2014 DEPARTMENT/DIVISION: ITEM DESCRIPTION: City Manager, Rick Getschow AMENDMENT TO SUPERVALU ITEM NO.: VIII. M. LEASE Motion Move to: Approve the First Amendment to the SuperValu Lease. Background Information The City and SuperValu entered into a Lease Agreement("Lease Agreement")executed October 7, 2014, whereby SuperValu leased from the City 40,513 square feet of space in City Center. SuperValu is in the process of building out that space. Pursuant to Article 43 of the Lease Agreement, SuperValu may elect to expand the Premises to include space described as the Expansion Area. The Expansion Area is approximately 33,000 square feet and is composed of four areas described as Areas II, III, IV and V. Area II is 3,483 square feet. SuperValu has elected to expand the Premises to include Area II of the Expansion Area. Exhibit D to the Lease identifying the parking area for SuperValu was amended to add additional spaces based on the square feet of Area II. Attachment First Amendment to Lease Amended Exhibit D Exhibit B to Lease identifying Expansion Areas FIRST AMENDMENT TO LEASE AGREEMENT This First Amendment to Lease Agreement ("First Amendment") is made and entered into this day of November, 2014, by and between the City of Eden Prairie, a Minnesota municipal corporation (hereinafter called "Landlord"), having an office at 8080 Mitchell Road, Eden Prairie, Minnesota 55344 and SUPERVALU INC., a Delaware corporation (hereinafter called "Tenant"), having an office at 11840 Valley View Road, Eden Prairie, MN 55344. RECITALS WHEREAS, Landlord and Tenant entered into a Lease Agreement ("Lease Agreement") executed October 7, 2014, whereby Tenant leased from Landlord the Premises (as defined in paragraph 3 of the Basic Definitions of Lease Agreement) located at 8080 Mitchell Road, Eden Prairie, Minnesota 55344, commonly known as "Eden Prairie City Center"; and WHEREAS, pursuant to Article 43 of the Lease Agreement, Tenant may elect to expand the Premises to include any Area in the Expansion Area as depicted on Exhibit B to the Lease Agreement; and WHEREAS, Tenant has elected to expand the Premises to include Area II as depicted on Exhibit B to the Lease Agreement, which Area II includes 3,483 square feet; and WHEREAS, the parties to the Lease Agreement agreed that the lease may be modified and amended in writing executed by each party pursuant to Article 37 of the Lease Agreement; and WHEREAS, the parties wish to amend the Lease Agreement for their mutual benefit and interest; and WHEREAS, this First Amendment modifies and changes certain terms and conditions of the Lease Agreement in accordance with the terms set forth hereunder; and WHEREAS, unless otherwise provided herein, all capitalized words and terms used in this First Amendment shall have the same meanings ascribed to such words and terms as in the Lease Agreement. All references to the Lease Agreement shall mean the Lease Agreement, as hereby Amended, whether or not such reference shall expressly refer to this First Amendment. NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter set forth, and other good and valuable consideration the receipt of which is hereby acknowledged, the patties agree to amend the Lease Agreement as follows: BASIC DEFINITIONS 1. Paragraph 3.a of the Basic Definitions is deleted in its entirety and replaced by the following Paragraph 3.a of the Basic Definitions: Approximately 40,513 square feet of•Rentable Area in the Building as identified in green on attached Exhibit B and approximately 3,483 square feet of Rentable Area in the Building as identified in tan on attached Exhibit B ("Leased Premises"). 2. Paragrapb 3.c of the Basic Definitions is deleted in its entirety and replaced by the following Paragraph 3.c of the Basic Definitions: Parking Rights ("Parking Rights") as follows: The right, for the benefit of the Benefited Parties, to park automobiles, light trucks, vans, motorcycles, bicycles and similar vehicles ("General Vehicles") in 265 parking stalls of the "Designated Parking Area". The Designated Parking Area is composed of Area A, which contains 153 parking stalls designated for Tenant, and Area B, of which Tenant may use 112parking stalls. Both Area A and Area B are identified in blue on attached Amended Exhibit D. The locations in Parking Area A highlighted and marked as HC are not part of the 153 parking stalls and are reserved for other purposes allowed by Landlord, currently the Hennepin County Ambulance service. The 265 Tenant parking stalls include handicapped and visitor parking stalls. The Benefited Parties shall have no right to park in any other area on the Land, including but not limited to areas for City parking, guests and other tenants leasing space within the Building. All Tenants will be informed that their employees, guests and invitees should not park in the Designated Parking Area. 3. Paragraph 4 of the Basic Definitions entitled Rentable Area is amended by deleting the first sentence of paragraph 4 of the Basic Definitions and replacing it with the following first sentence: The Rentable Area of the Premises is 43,996 square feet. 4. Paragraph 8 of the Basic Definitions entitled Annual Gross Rent is deleted in its entirety and replaced by the following Paragraph 8 of the Basic Definitions: ANNUAL GROSS RENT: Annual Pro-Rated Monthly Mo 1-5 373,966.00 155,819.17 31,163.83 Mo 6-12 846,923.00 494,038.42 70,576.92 Lease Year 2 868,041.08 868,041.08 72,336.76 Lease Year 3 889,599.12 889,599.12 74,133.26 Lease Year 4 912,037.08 912,037.08 76,003.09 Lease Year 5 934,915.00 934,915.00 77,909.58 5. Paragraph 11 of the Basic Definitions entitled Tenant Improvement Allowance is amended to change the Tenant Allowance amount from $810,260 to $879,920 and the Space Plan Allowance amount from $4,051.30 to $4,399.60, based on the new total square footage of 43,996. 6. Except as hereby amended above, Landlord and Tenant reaffirm all terms, provisions and covenants set forth in the Lease Agreement executed October 7, 2014. IN WITNESS WHEREOF, Landlord and Tenant have caused this First Amendment to be signed, sealed and delivered this day of November, 2014. LANDLORD: City of Eden Prairie By: Nancy Tyra-Lukens Its: Mayor By: Rick Getschow Its: City Manager TENANT: SUPERVALU INC. By: /"`/4 Its: 41 'M/74f14// (ice &sad P:\hone\1604.101-SuperValu Lease at City Center\Docmnents\2014 11 14-First Amendment to SuperValu Lease.doc H ti H f \/ ' \<, , ` ) 7\:: ; 1 . � I A . VOID I : YOID2 : YOID3 : \ -1 - U = 195SF U = 189SF U - 1 ,012SF - - - AN/ - KI , „„ -- - •• l \. _i_ , • /to/ / , 'I 7 \ , .... - •„ s . , - , ,,, --- - / ./ ../ ,, ,./ • _ p _ , � .• p n 0 � . °W----= t�71 AREA it I - ' \ / 1 \, 0. / / U = 2 ,835 31= f A - •t; / i I R - 3 ,483 Sr I Il I1Illl \ � \ I .. — p . , / / — — I L = 15 ,9�02 SF — ;1 . T "\\\ \ lb : 1: A _ , \ . . wm earn r \ r /\ \ • e, 4. \ • i --j- --a 11 -. \ \.‘ / j • . . .. I / 3 � t i11 I � �� ] 1 II I j � � �J IL_ JL_JI % 1 MiaMS \/ 4 rill r / , I I I I r , \ ® p 0 A • ® i d� p II. p 0 I ,...\ _ ` n n n n n n 0 ® 'L JL-III • -____ A, _e") ..1-7- :::-A ---- 1 I r \\\14 ) 0 �'. ` \ : ''* Vol • m. \% I _ I11 \ a • IMP tF iJ iii: r. C \ < INIMI is• • 11 ..- . 1 . ____/:\z. -:.• si i ... .� *� •{yam'^y4,..), ,v,.. _ /0. ♦ II J - hr- 1, �; ' I \ / , e„ ora 41/4„, u, - — I C - - __ . „ . I __ i ._. 1 , _ _ . _ _ L_ _ _ _ .... a 0 Jr 1 4.,—, r r, , a , _, [ 1 C 7,4" AREA I : / r414 \ —H - I U - 38,200 SF �'1 - 5, 13 SF i -L± RJ a - - HA U/ ° i - — , , , \ 1 44-4 Y: I \ I, , AREA IY : I -' - "U_ � I I _ - ' I I I I I PI I r 1° 1 1 1 1 � 1 I I0 R - 3,9 I S1- R n ,lam 6 3 �� Jo * C SHMAND NORTH MARQ :� i. WReal Estate Services LOCATION OF THE PREMISES PLAN SCALE : 1 " = 16 ' - 0 " DRAWN BY : TGW !. THE EDR4WINON AND / ORIflfDEN FOR: SUPERVALU JOB: 2013.522 .0 DATE : 12 AUG. ' 14 C L J n SPECIFICATIONS CONTAINED NE REVISION : DATE P ARE THE EXCLUSIVE SUPER/Atli.:ARCHITECTURE PRO GENESISPERTY OF ENESIS EDEN PRAIRIE CITY CENTER Flr 2 ARCHITECTURE AND SHALL NOT 1if so., MITCNELL ROAD - UPPER LEVEL 435o Baker Rnad suite400 BE UTILIZED OR COPIED BY Minnetonka, MN 55343 OTHER PARTIES WITHOUT PRIOR (I . I . urti • ticIzi. EDEN PRAIRIE, MN - 55344 952.897.7874 Fax: 952.897.7740 WRITTEN CONSENT. AMENDED EXHIBIT D TECHNOLOGY DRIVE [ e1. o o / `RI 7--NVj------ I01H MOU M1tl6L ROID OIY MML I@v !0!U 1�111F1L PND A 7 AREA A p I I ml v i cl. 1 ft 153 of 153 Stalls in this Area �'S ji_______.. . . .1.,,----c-fillilili Ni i k 1k - 1k Fli VIIMMW- Im.-----_, .,, , / implat ,, 41I1 / -F-F-T3 dil............411 .. IIIIIIII AREA B ' A 01-* il W IIIII11 ' 112 Stalls in this Area 0* IIIII�II V/ 1. FED I J SCENIC HEIGHTS ROAD \ -_N CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar November 18, 2014 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.N. Kristi Etter, IT Manager iNet Agreement for Fiber to LOGIS Requested Action Move to: Approve partnership agreement with Independent School District No. 270, the City of Minnetonka and LOGIS regarding the fiber infrastructure between Eden Prairie and LOGIS in Golden Valley. Synopsis This agreement will enable the collaboration for fiber connectivity between the respective fiber optic networks to expand current networks, and to enable sharing of resources. In the agreement the City agrees to equal cost sharing between the three parties (The district, Eden Prairie, & Minnetonka) for the cost of locates and fiber maintenance, as well as, an estimated $1,000 to the City of Minnetonka for fiber splices that enable the City's connectivity. Background Information This is the final step in completing the fiber connection to LOGIS. Attachment iNet Agreement AGREEMENT BETWEEN INDEPENDENT SCHOOL DISTRICT NO 270, CITY OF MINNETONKA, CITY OF EDEN PRAIRIE AND LOCAL GOVERNMENT INFORMATION SYSTEMS This Agreement(the"Agreement")is made this day of ,2014(the "Effective Date")by and among Independent School District No 270(hereafter"District"), a Minnesota public corporation, City of Minnetonka(hereafter"Minnetonka"),a Minnesota municipal corporation, City of Eden Prairie(hereafter"Eden Prairie"), a Minnesota municipal corporation, and Local Government Information Systems (hereafter"LOGIS"). WHEREAS, Minnetonka is constructing a fiber optic network to provide a diverse path to connect its buildings to each other and to the LOGIS network. In addition,Minnetonka has existing fiber that is not in use and that it is willing to allow the other parties to use; WHEREAS, Eden Prairie is constructing a fiber optic network to connect its buildings to the LOGIS network; WHEREAS,the District has existing unused fiber in the ground along the paths between some facilities which it is willing to allow the other parties to use. In addition,the District has the desire to connect the Omegon School to its fiber network; WHEREAS, LOGIS provides fiber optic networking design, installation, and management for Minnetonka and Eden Prairie; WHEREAS, collectively the existing fiber optic networks of Minnetonka,Eden Prairie, and the District, identified within this document are referred to as the"Network"; WHEREAS,this agreement is for the right to use the strands of fiber specified: NOW THEREFORE, in consideration of the mutual covenants and agreements set forth herein, and other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged,the parties agree as follows: 1. Responsibilities of the District. Together with District's other obligations and responsibilities under this agreement,the District agrees as follows: a) To allocate the long-term use of eight(8) fiber strands from the District located at 1001 Highway 7,Hopkins,MN,to the existing splice point at the Northeast corner of Minnetonka Blvd and Hopkins Crossroad as follows: 1. Two(2) strands will be used to transport traffic and provide a redundant network connection between Minnetonka and LOGIS facilities. 2. Two(2) strands will be used to transport traffic between Eden Prairie and LOGIS through Minnetonka's fiber. Hopkins, Minnetonka, Eden Prairie, LOGIS Agreement Page 1 3. Two(2) strands will be used to transport traffic from District between the hand hole at Minnetonka Fire Station 2, 1815 Hopkins Crossroad,Minnetonka,MN 55305 for future use at Omegon School. 4. Two(2) strands will be used to transport traffic from District to the Northeast corner of Excelsior and Woodhill. b) To allocate the long-term use of two (2) fiber strands from the District located at 1001 Highway 7,Hopkins,MN,to the Interconnect point at the Glen Lake Activity Center, 14350 Excelsior Boulevard, Minnetonka,MN,that will be constructed by a mutually agreed upon vendor. These strands will be used to transport traffic between Minnetonka and LOGIS facilities. c) To provide the other parties to this agreement with contractor agreements and the contractor contact information for the purpose of 24/7 repair and maintenance. d) To schedule maintenance that would have an impact on the other parties to this agreement during agreed upon maintenance windows to reduce the impact of the maintenance on the Network. e) To provide seven days' advanced written notice to the other parties prior to performing maintenance of the Network that would have an impact on the other parties, except in the case of emergencies. f) To notify the other parties in a reasonable time period when emergency repairs are being performed that would have an impact on them. 2. Responsibilities of Minnetonka. Together with Minnetonka's other obligations and responsibilities under this Agreement, Minnetonka agrees: a) To allocate the long-term use of four(4) fiber strands from the existing splice point at the Northeast corner of Minnetonka Blvd and Hopkins Crossroad to their public works facility. a. Two(2) strands will be used to transport traffic between Minnetonka and LOGIS facilities. b. Two(2) strands will be used to transport traffic between Eden Prairie and LOGIS through Minnetonka infrastructure. b) To allocate the long-term use of two (2) fiber strands from the existing splice point at the Northeast corner of Minnetonka Blvd and Hopkins Crossroad to the Interconnect point at Glen Lake Activity Center to transport District traffic. c) To allocate the long-term use of two (2) fiber strands from the existing splice point at the Northeast corner of Minnetonka Blvd and Hopkins Crossroad to the hand hole by Minnetonka Fire Station 2 to transport District traffic. d) Minnetonka will contract with a vendor that is mutually agreed upon with the District to perform the splicing needed in the Minnetonka Blvd and Hopkins Crossroad splice case. e) Minnetonka will contract with a vendor that is mutually agreed upon with the District to create the Interconnect point needed in the Glen Lake Activity Center at Excelsior and Woodhill. f) To provide the other parties to this agreement with contractor agreements and the contractor contact information for the purpose of 24/7 repair and maintenance. Hopkins, Minnetonka, Eden Prairie, LOGIS Agreement Page 2 g) To schedule maintenance that would have an impact on the other parties to this agreement during maintenance times to reduce the impact of the maintenance on the Network. h) To provide seven days' advanced notice to the other parties prior to performing maintenance of the Network that would have an impact on the other parities, except in the case of emergencies. i) To notify the other parties in a reasonable time period when emergency repairs are being performed that would have an impact on them. 3. Responsibilities of Eden Prairie. Eden Prairie agrees: a) To reimburse Minnetonka for the eight(8) fiber splices that are required at the northeast corner of Minnetonka Blvd and Hopkins Crossroad(Estimated at$1,000.00.) b) To share infrastructure related costs as it relates to the capital replacement of switches to provide a connection to LOGIS. (Allocated based on number of cities using the equipment.) 4. Cost Sharing: The Parties shall share in the cost of the fiber connection as follows: a) The costs of the splicing at Hopkin Crossroad will be the responsibility of the City of Eden Prairie. b) The costs of creating the Glen Lake Interconnect will be the responsibility of the City of Minnetonka. c) The three parties, (The District, Eden Prairie, and Minnetonka)_will equally share in the cost of the locates and maintenance of the shared fiber components of these links. Where three parties are utilizing the fiber, each of the three parties will pay 1/3of the costs. Where two parties are utilizing the fiber, each of the two parties will pay'/2 of the costs. d) Costs for relocates and expansion of the fiber network will be put forward as a joint venture project should they occur. 5. Design.Minnetonka and the District will jointly and cooperatively design the changes to the interconnect point at Glen Lakes Activity Center and the splice point at the northeast corner of Minnetonka Blvd. and Hopkins Crossroad. Both parties agree and acknowledge that the other intends to utilize the Network for its own separate purposes. Each agrees that to the extent possible,the Network design will accommodate the respective purposes of both organizations. 6. Right of Access.Minnetonka and the District and their respective authorized designees may access the Network for the purposes described in this Agreement, subject to all necessary governmental approvals and terms defined in this Agreement. 7. Insurance. Each party represents that it carries the insurance coverage it deems necessary for municipal, school, or joint powers organizations under Minnesota law and has and will maintain Hopkins, Minnetonka, Eden Prairie, LOGIS Agreement Page 3 coverage for its Network operation. None of the parties waives its immunities under Chapter 466. 8. Term. The term of this Agreement shall be for ten years from the date this agreement is accepted by the parties.At the end of the term,the Agreement shall be automatically extended each year until terminated by one of the parties under section 8 of this Agreement. 9. Termination. This Agreement may be terminated by any party for any reason at the end of the initial term or at the end of any annual renewal„by giving at least 180 days' written notice to the other parties prior to the end of the initial term or renewal year. In addition, any party may terminate this Agreement at any time for material breach by another. The non-breaching party shall provide written notice to the other parties describing in reasonable detail the nature, scope, and extent of the breach. In the case of a material breach for nonpayment of amounts due,the breaching party shall be entitled to a grace period of not greater than ten(10) days after the date of delivery by the non-breaching party to the breaching party of such notice. In the case of material breach for other than nonpayment of amounts due, the breaching party shall be entitled to a grace period of not greater than thirty(30) days after the date of delivery by the non-breaching party to the breaching party of such notice;provided, however, in the event of a material breach which is not reasonably susceptible to a cure within such thirty(30) day period, and the breaching party has promptly commenced a cure of such breach prior to expiration of such period and has diligently continued to prosecute such cure to completion without interruption or delay, such grace period shall be automatically extended for such period as may be reasonably necessary to fully and properly cure such breach;provided further,however, in no event shall a grace period be automatically be extended for period of greater than sixty(60) days absent the written consent of the non-breaching party. In all cases the non-breaching party may unilaterally extend any grace period by written notice to the breaching party. In the event, following expiration of any grace period,the applicable breach remains uncured,the non-breaching party may immediately terminate this Agreement upon delivery of written notice of termination to the other parties. 10. Survival of Rights.Notwithstanding any provision to the contrary,the parties agree that their respective ownership rights in the Network to continued access to the Network, shall survive any termination of this Agreement by material breach or otherwise. In the event this Agreement is terminated, each party shall have the right of first refusal to purchase any portion of the Network sought to be transferred by any other party at a price equaling any fair market value, verifiable offer received. The parties further agree that they will do nothing to hinder or obstruct the other parties' reasonable access to the Network. 11. Dispute Resolution. If the parties cannot agree on any matter arising out of this Agreement, after a reasonable period of good faith negotiations, they agree to engage a qualified third party to mediate the disagreement, and share the costs of the mediator on an equal basis. If a dispute involves less than all of the parties, only those parties involved in the dispute are required to participate in and share the costs of mediation. The parties will work in good faith with the mediator to find an acceptable solution and must reduce any settlement agreement to writing. Hopkins, Minnetonka, Eden Prairie, LOGIS Agreement Page 4 Any such agreement must be incorporated into and made a part of this Agreement. If a mediated agreement cannot be reached, each party has available to it all rights in law or equity. 12. Contract Administration and Change Management. Any changes to the Network must be coordinated through the appropriate parties' representatives. The party requesting the change is responsible for any costs incurred to effect the change. Upon request of any party during the term of this Agreement,the parties agree to meet to review operations and issues raised. 13. Covenant of Mutual Cooperation and Continued Access. Notwithstanding any provision in this Agreement to the contrary, the parties agree that the intent of this Agreement is to allow the parties to share the use and cost of the Network. This includes the operation,maintenance,repair and expansion on fair and equitable terms and that each party will cooperate in effectuating the fulfillment of the intent of this Agreement, including but not limited to allowing continued access to the Network whether or not this Agreement remains in existence. 14. Authorized Representatives. Each party must designate a representative for purposes of administration of this Agreement(the"Authorized Representative"). Each Authorized Representative will be the point of contact for all payments due under this Agreement. Any party changing the designation of its Authorized Representative must notify the other parties pursuant to the notice provision of this Agreement. District's Authorized Representative: Director of Technology Hopkins School District 1001 Highway 7 Hopkins,MN 55305 Minnetonka Authorized Representative: IT Manager 14600 Minnetonka Boulevard Minnetonka,MN 55345 Eden Prairie Authorized Representative: IT Manager City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 LOGIS Authorized Representative: Manager of Network Services LOGIS 5750 Duluth St Golden Valley, MN 55422 15. Assignment. Except as specifically provided herein,no party may assign,transfer or delegate any rights or obligations under this Agreement either directly or indirectly by any means Hopkins, Minnetonka, Eden Prairie, LOGIS Agreement Page 5 without the prior written consent of the other parties,which consent may not be unreasonably withheld. 16. Indemnification. Subject to Section 16 below, each party agrees to indemnify and hold harmless the other from and against any and all claims,damages, liabilities, losses, and expenses, including reasonable attorney's fees incurred in defense or otherwise arising from the indemnifying party's negligent or unlawful use,or intentional misuse, of the Network. 17. Limitation of Liability.None of the parties waive their liability limitations under law. In the event of any material breach of this Agreement,the liability of each party to the other shall be limited only to those actual and direct damages resulting from such breach. Subject to recovery of attorney's fees under Section 15,none of the parties shall be responsible to another for attorney's fees. 18. Amendments. Any amendments to this Agreement must be in writing and executed by the same parties (or their successors in interest)who executed this Agreement. 19. Confidentiality. Subject to obligations of the parties under Minnesota Data Practices Act and other applicable laws governing public and private information,the parties shall use their best efforts to ensure that any and all information and documents obtained from the other party during the term of this Agreement will be held in strict confidence at a level and in the means used by the receiving party for its own most important trade secret materials.,and will not be used by them,their employees, subcontractors, or agents for any purpose other than its performance required by this Agreement, or as otherwise required by law. 20. Governing Law. This Agreement is governed by the laws of the State of Minnesota. 21. Notices. All notices and other communications required or permitted hereunder must be given in writing and must be: a)personally delivered; b) sent by telecopier, facsimile transmission or other electronic means of transmitting written documents; or(c) sent to the parties at their respective addresses indicated here by registered or certified U.S. mail,return receipt requested and postage prepaid, or by private overnight mail courier service. If personally delivered, such communication shall be deemed delivered upon actual receipt; if electronically transmitted, such communication shall be deemed delivered the next business day after transmission; if sent by overnight courier, such communication shall be deemed delivered upon receipt; and if sent by U.S. mail, such communication shall be deemed delivered as of the date of delivery indicated on the receipt issued by the relevant postal service. Any partyto this Agreement may change its address for the purposes of this Agreement by giving notice to the other parties in accordance with this section. 22. Force Majeure. The parties understand that Acts of God, acts of civil or military authority, government regulations not required at the time of this Agreement, embargoes, epidemics,war, terrorist acts,riots, fires, explosions, earthquakes, floods or other unusually severe weather conditions or other environmental disturbances, strikes, or other circumstances not under the control of the parties("Force Majeure")may delay performance as set forth in this Agreement. Hopkins, Minnetonka, Eden Prairie, LOGIS Agreement Page 6 In the event a Force Majeure event materially limits any party's or the parties' ability to perform under this Agreement such limitation shall not be considered a breach of the terms of this Agreement. 23. Miscellaneous. a) The failure of any party to give notice of default, or to enforce or insist upon compliance with any of the terms or conditions of this Agreement,the waiver of any term of condition of this Agreement, or the granting of any extension of time for performance, shall not constitute the permanent waiver of any term or condition of this Agreement, and this Agreement and each of its provisions shall remain at all times in full force and effect until modified by the parties in writing. b) This Agreement sets forth the entire understanding of the parties. c) This Agreement shall be binding and inure to the benefit of the parties hereto and their respective successors and assigns. d) Each party warrants and represents that it is duly authorized to execute this Agreement. IN WITNESS WHEREOF,the parties have caused this Agreement to be duly executed intending to be bound thereby. INDEPENDENT SCHOOL DISTRICT NO. 270 MINNETONKA By By Printed Name Printed Name Title Title Date Date EDEN PRAIRIE LOGIS By By Printed Name Printed Name Title Title Date Date Hopkins, Minnetonka, Eden Prairie, LOGIS Agreement Page 7 CITY COUNCIL AGENDA DATE: SECTION: Public Hearings November 18, 2014 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.A. Community Green Acres Parking Expansion Development/Planning Janet Jeremiah/JulieKlima Requested Action Move to: • Close the Public Hearing; and • Adopt the Resolution for Planned Unit Development Concept Review on 2.68 acres; and • Approve 1st and 2nd Readings of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District Amendment in the Rural Zoning District on 2.68 acres; and • Adopt a Resolution for Site Plan Review Amendment; and • Adopt a Resolution for Conditional Use Permit Amendment. Synopsis Steven Schussler is requesting the expansion of parking area on his property at 14150 Pioneer Trail. The site functions as an event center in the Rural Zoning District. The current site provides 14 on-site parking stalls. The applicant utilizes off-site parking facilities and shuttle services to transport event attendees. The expansion of the parking area provides an additional 55 parking spaces and requires the relocation of the existing ponding on site. The applicant is working with other agencies including Hennepin County and Metropolitan Airports Commission, and the Riley Purgatory Bluff Creek Watershed District to address all necessary issues related to the relocation. Background Information The property received approval to operate as an event center in 2012. The property is zoned Rural. The following waivers are requested with this application. • Waiver to allow a gravel-surfaced parking lot. City Code requires that parking lots be surfaced with bituminous, concrete, brick pavers or natural stone. This is an existing condition and part of the historic site character; and • Waiver to allow a parking setback of 7 feet from the highway easement line. City Code requires 50 feet. • Waiver to the planting island requirement. City Code requires that planting islands occupy 5% of a parking area. The applicant is not proposing to install planting islands. Granting of the waiver allows additional on-site parking to be incorporated into the site. The 120-Day Review Period Expires on January 3, 2015. Planning Commission Recommendation The Planning Commission voted 6-0 to recommend approval of the PUD concept review amendment, PUD District Review Amendment with waivers, zoning amendment and conditional use permit amendment, and site plan review amendment at the October 13, 2014 meeting. Attachments 1. Resolution—PUD Concept Amendment 2. Ordinance PUD with waivers and Zoning District Amendment 3. Ordinance Summary 4. Resolution—Site Plan Amendment 5. Resolution—Conditional Use Permit Amendment 6. Staff Report dated 10-10-14 7. Location Map 8. Zoning Map 9. Aerial photo 10. Approved Planning Commission Minutes 10-13-14 11. Plans dated November 7, 2014 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2014- A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT AMENDMENT FOR GREEN ACRES PARKING EXPANSION FOR SCHUSSLER CREATIVE, INC WHEREAS,the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Development(PUD) Concept of certain areas located within the City; and WHEREAS, the Planning Commission did conduct a public hearing on October 13, 2014 by Schussler Creative, Inc, and considered their request for approval of the PUD Concept plan amendment and recommended approval of the request to the City Council; and WHEREAS,the City Council did consider the request on November 18, 2014. NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. Green Acres Event Center being in Hennepin County, Minnesota, legally described as outlined in Exhibit A, is attached hereto and made a part hereof. 2. That the City Council does grant PUD Concept approval as outlined in the plans stamp dated November 7, 2014. 3. That the PUD Concept meets the recommendations of the Planning Commission on October 13, 2014 and revised as follows: This is based on plans dated November 7,2014,the November 18,2014 Staff Report and the following conditions: 1. Prior to grading permit issuance, the proponent shall: A. Submit a petition requesting the improvements on Pioneer Trail and sign a Special Assessment Agreement. B. Obtain all required approvals from Hennepin County;Riley Purgatory Bluff Creek Watershed District; MAC; and Minnesota Historical Society or provide the city with instruments from affected agencies agreeing to authorize the work prior to receipt of final approvals. C. Notify the City and Watershed District 48 hours in advance of grading. D. Install erosion control on the property,as well as tree protection fencing at the grading limits in the wooded areas for trees to be preserved as part of the development. Said fencing shall be field inspected by the City Forester prior to any grading. 2. The following waivers have been granted through the PUD District Review for the property: A.Parking surface from hard surface to gravel. B.Waiver to the requirement for planting islands within parking areas. C.Waiver to allow a parking setback of 7 feet from the highway easement line. City Code requires 50 feet from the street or property line. ADOPTED by the City Council of the City of Eden Prairie this 18th day of November, 2014. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk EXHIBIT A PUD Concept- GREEN ACRES PARKING EXPANSION Legal Description: That part of Tract B, Registered Land Survey No. 1085, Hennepin County, Minnesota, as recorded with the Registrar of Titles, described as follows: Commencing at the most Easterly corner of said Tract B, said Easterly corner labeled as Judicial Monument No. 5 on said Registered Land Survey No. 1085, thence on an assumed bearing of South 16 degrees 46 minutes 30 seconds West, along the East line of said Tract B, a distance of 89.22 feet to the point of beginning; thence North 72 degrees 33 minutes 56 seconds West, a distance of 46.96 feet; thence South 82 degrees 28 minutes 00 seconds West, a distance of 93.96 feet; thence South 17 degrees 28 minutes 42 seconds West, a distance of 99.67 feet; thence South 66 degrees 58 minutes 41 seconds East, a distance of 111.96 feet; thence South 16 degrees 37 minutes 35 seconds West, a distance of 111.75 feet; thence South 71 degrees 43 minutes 55 seconds East, a distance of 22.23 feet to the East line of said Tract B: thence North 16 degrees 46 minutes 30 seconds East, along said East line to the point of beginning. GREEN ACRES PARKING EXPANSION CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 22-2014-PUD-3-2014 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,AMENDING CERTAIN LAND WITHIN A ZONING DISTRICT,AMENDING THE LEGAL DESCRIPTIONS OF LAND IN THE RURAL DISTRICT,AND,ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be amended within the Rural Zoning District22-2014-PUD-3-2014 (hereinafter "PUD-3-2014-RURAL). Section 3. The City Council hereby makes the following findings: A. PUD-3-2014-RURAL is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-32014-RURAL is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-3-2014-RURAL are justified by the design of the development described therein. D. PUD-3-2014-RURAL is of sufficient size, composition, and arrangement that its construction, marketing, and operation is feasible as a complete unit without dependence upon any subsequent unit. Section 4. The proposal is hereby adopted and the land shall be, and hereby is amended within the Rural Zoning District and shall be included hereafter in the Planned Unit Development 3-20142-RURAL, and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 5. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 6. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 18th day of November, 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 18th day of November, 2014. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on , 2014. EXHIBIT A PUD Legal Description — Green Acres Parking Expansion That part of Tract B, Registered Land Survey No. 1085, Hennepin County, Minnesota, as recorded with the Registrar of Titles, described as follows: Commencing at the most Easterly corner of said Tract B, said Easterly corner labeled as Judicial Monument No. 5 on said Registered Land Survey No. 1085, thence on an assumed bearing of South 16 degrees 46 minutes 30 seconds West, along the East line of said Tract B, a distance of 89.22 feet to the point of beginning; thence North 72 degrees 33 minutes 56 seconds West, a distance of 46.96 feet; thence South 82 degrees 28 minutes 00 seconds West, a distance of 93.96 feet; thence South 17 degrees 28 minutes 42 seconds West, a distance of 99.67 feet; thence South 66 degrees 58 minutes 41 seconds East, a distance of 111.96 feet; thence South 16 degrees 37 minutes 35 seconds West, a distance of 111.75 feet; thence South 71 degrees 43 minutes 55 seconds East, a distance of 22.23 feet to the East line of said Tract B: thence North 16 degrees 46 minutes 30 seconds East, along said East line to the point of beginning. GREEN ACRES PARKING EXPANSION CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 22-2014-PUD-3-2014 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA,AMENDING THE ZONING OF CERTAIN LAND WITHIN ONE DISTRICT,AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99,WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance allows amendment of the zoning of land located at 14150 Pioneer Trail within the Rural Zoning District. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on , 2014. (A full copy of the text of this Ordinance is available from City Clerk.) CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2014- A RESOLUTION GRANTING SITE PLAN AMENDMENT APPROVAL FOR GREEN ACRES PARKING EXPANSION BY SCHUSSLER CREATIVE,INC WHEREAS, Schussler Creative, Inc, has applied for Site Plan Amendment approval of expansion of the parking area at Green Acres event center at 14150 Pioneer Trail,by an Ordinance approved by the City Council on November 18, 2014; and WHEREAS, the Planning Commission reviewed said application at a public hearing at its October 13, 2014 meeting and recommended approval of said site plans; and WHEREAS, the City Council has reviewed said application at a public hearing at its November 18, 2014 meeting. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,that site plan amendment approval be granted to Schussler Creative, Inc, reviewed and approved by the City Council on November 18, 2014. ADOPTED by the City Council of the City of Eden Prairie this 18th day of November, 2014. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2014- A RESOLUTION GRANTING A CONDITIONAL USE PERMIT AMENDMENT FOR GREEN ACRES PARKING EXPANSION BY SCHUSSLER CREATIVE,INC WHEREAS, Schussler Creative, Inc, has applied for a Conditional Use Permit for an adaptive reuse of an Heritage Preservation Site by an Ordinance approved by the City Council on November 20, 2012; and WHEREAS, the Heritage Preservation Commission reviewed the application for designation of the property as a Heritage Preservation Site at its meeting on October 15, 2012 and at a public hearing at its November 19, 2012 meeting and recommended approval of the designation of the property as a Heritage Preservation Site; and WHEREAS, the Planning Commission reviewed said application at a public hearing at its October 22, 2012 meeting and recommended approval of said Conditional use Permit; and WHEREAS, the City Council has reviewed said application at a public hearing at its November 20, 2012 meeting; and WHEREAS, Schussler Creative, Inc. has applied for an amendment to the Conditional Use Permit to allow an expansion of the parking area; and WHEREAS,the Planning Commission reviewed said application at a public hearing at its October 13, 2014 meeting and recommended approval of said amendment to the Conditional Use Permit; and WHEREAS,the City Council has reviewed said application at a public hearing at is November 18, 2014 meeting. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: 1. The recitals set forth above are incorporated herein. 2. That Conditional Use Permit Amendment No. 1 to #2012-01 be granted to Schussler Creative, Inc, reviewed and approved by the City Council on November 20, 2012. ADOPTED by the City Council of the City of Eden Prairie this 18th day of November, 2014. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk Conditional Use Permit Amendment No. 1 to #2012-01 Schussler Barn Property 14150 Pioneer Trail Eden Prairie, Minnesota 55347 November 18, 2014 In accordance with the provisions of the Zoning Ordinance of the City of Eden Prairie, a Conditional Use Permit is hereby granted to the Schussler Creative, Inc for an entertainment center located at located at 14150 Pioneer Trail (`the Property"). The location of said property being legally described as follows: That part of Tract B, Registered Land Survey No. 1085, Hennepin County, Minnesota, as recorded with the Registrar of Titles, described as follows: Commencing at the most Easterly corner of said Tract B, said Easterly corner labeled as Judicial Monument No. 5 on said Registered Land Survey No. 1085, thence on an assumed bearing of South 16 degrees 46 minutes 30 seconds West, along the East line of said Tract B, a distance of 89.22 feet to the point of beginning; thence North 72 degrees 33 minutes 56 seconds West, a distance of 46.96 feet; thence South 82 degrees 28 minutes 00 seconds West, a distance of 93.96 feet; thence South 17 degrees 28 minutes 42 seconds West, a distance of 99.67 feet; thence South 66 degrees 58 minutes 41 seconds East, a distance of 111.96 feet; thence South 16 degrees 37 minutes 35 seconds West, a distance of 111.75 feet; thence South 71 degrees 43 minutes 55 seconds East, a distance of 22.23 feet to the East line of said Tract B: thence North 16 degrees 46 minutes 30 seconds East, along said East line to the point of beginning. The City Council finds that the above described property is zoned Rural and allows historic reuse by Conditional Use Permit is allowed under the City Code. The Council finds that the applicant meets the standards of is entitled to the issuance of a Conditional Use Permit for an entertainment center located on the Property subject to the following findings and conditions. Findings: A. The conditional use permit abuts a public street. B. The conditional use will have available to it adequate and safe supply of water and shall have available and use sanitary sewer which shall adequately and safely, without harm to other lands or persons in the area, dispose of all sanitary sewage generated on the land subject to the conditional use permit. C. The conditional use will not create an excessive burden on parks, schools, streets, and other public facilities and utilities which serve or are proposed to serve the area. D. The conditional use will be sufficiently separated by distance or screening from adjacent lands so that existing homes will not be depreciated in value and there will be no deterrence to development of vacant land. E. The structure and site for the conditional use shall not be altered in appearance so as to have an adverse effect upon adjacent residential properties. F. The conditional use will not cause traffic hazard or congestion. G. Neighboring land and dwellings will not be adversely affected because of traffic generation, noise, glare, or other nuisance characteristics. H. The land subject to the conditional use permit meets the requirements of Section 11.03, Subd. 6, Site Plan and Architectural Design Review. I. The applicant has requested waivers from the City Code as part of a Planned Unit Development. The waivers are based on existing conditions and needed to maintain the historic character of the property. Conditions: 1. Uses for this Property shall be for entertainment uses permitted by City Code including but not limited to weddings, parties and events. 2. The accessory structure shall be constructed of materials and colors to match the barn. 3. Any changes to the use of the building from those established in these conditions shall require an amended Conditional Use Permit. 4. The property shall be developed in accordance with the approved plans dated November 12, 2012, reviewed and approved by the City Council on November 20, 2012, as amended by the plans dated November 7, 2014, reviewed and approved by the City Council on November 18, 2014. 5. The building shall meet all Building and Fire Codes, State and County health regulations. 6. The owner shall meet all state and local regulations related to the consumption and display of alcohol and shall obtain all required licenses. 7. Owner shall obtain an encroachment permit from Hennepin County. 8. The building shall be connected to City sewer and water. 9. Any alterations of the building or property required shall conform to a Certificate of Appropriateness. 10. Owner shall prohibit all visitors and employees from walking across Pioneer Trail from and to any offsite parking area and the Property except at City or County marked crosswalks. 11. Owner shall have employee monitoring of offsite parking areas across Pioneer Trail from the Property to keep visitors from walking across Pioneer Trail from and to the Property except at City or County marked crosswalks. 12. Owner shall have in place and provide to City prior to initiating operation under this Permit a transportation plan to transport visitors from and to the offsite parking areas and the Property. 13. This permit expires on November 20, 2017. This Conditional Use Permit is issued this 18th day of November, 2014 CITY OF EDEN PRAIRIE Nancy Tyra-Lukens, Mayor Rick Getschow, City Manager STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 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 Schussler Creative, Inc hereby acknowledges and accepts this Conditional Use Permit with all the conditions set forth therein. SCHUSSLER CREATIVE, INC By Steven Schussler, President STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2014,by Steven Schussler, the of Schussler Creative, Inc, a Minnesota on behalf of the Notary Public STAFF REPORT TO: Planning Commission FROM: Julie Klima, City Planner DATE: October 10, 2014 SUBJECT: Green Acres Parking Expansion APPLICANT: Steven Schussler OWNER: Steven Schussler LOCATION: 14150 Pioneer Trail REQUEST: 1. Planned Unit Development Concept Review on 2.68 acres 2. Planned Unit Development District Review with waivers on 2.68 acres 3. Zoning District Amendment in the Rural Zoning District on 2.68 acres 4. Site Plan Review on 2.68 acres 5. Conditional Use Permit on 2.68 acres BACKGROUND The City granted approval to this property in 2012 to allow for the adaptive re-use of a historically designated property for a commercial use in the Rural Zoning District. The property is zoned Rural. The applicant received these approvals to allow the barn to be used as an event center and allow for the construction of a 432 square foot accessory building. The current site provides 14 on-site parking stalls. The applicant utilizes off-site parking facilities and shuttle services to transport event attendees. The applicant is proposing to relocate the existing ponding facility to the north of its existing location. The existing ponding area would then be converted to an on-site parking. CONDITIONAL USE PERMIT If approved, the conditional use permit would be amended to reference the drawings depicting the expanded parking area. All existing findings and conditions of approval would remain in effect. Staff Report—Green Acres Parking Expansion October 10, 2014 PLANNED UNIT DEVELOPMENT WAIVERS The following waivers are requested with this application: • Waiver to allow a gravel surfaced parking lot. City Code requires that parking lots be surfaced with bituminous, concrete, brick pavers or natural stone. This is an existing condition and part of the historic site character; and • Waiver to allow a parking setback of 7 feet from the highway easement line. City Code requires 50 feet. • Waiver to the planting island requirement. City Code requires that planting islands occupy 5%of a parking area. The applicant is not proposing to install planting islands. Granting of the waiver allows additional on-site parking to be incorporated into the site. REVIEW BY OTHER AGENCIES This project will require review and approval by other agencies, such as Hennepin County, Riley Purgatory Bluff Creek Watershed District,Minnesota Historical Society,and Metropolitan Airports Commission. City staff has been in contact with these agencies. Hennepin County and the watershed district have commented that additional details will need to be addressed prior to final approval. The proponent is continuing to work through these issues toward resolution. The majority of these issues are construction detail related. Hennepin County has commented that it will require the driveway location to remain in its existing location. The applicant is aware of this and is working to revise its plan consistent with Hennepin County comments. Staff is recommending that a revised drawing consistent with Hennepin County's comments be provided prior to City Council review of the application. STAFF RECOMMENDATION Staff recommends approval of the following request: • Planned Unit Development Concept Review on 2.68 acres • Planned Unit Development District Review with waivers on 2.68 acres • Zoning District Amendment in the Rural Zoning District on 2.68 acres • Site Plan Review on 2.68 acres • Conditional Use Permit Amendment on 2.68 acres 2 Staff Report—Green Acres Parking Expansion October 10, 2014 This is based on plans dated September 5, 2014, this Staff Report and the following conditions: 1. Prior to City Council review, the proponent shall: A. Submit revised drawings consistent with Hennepin County comments. 2. Prior to grading permit issuance, the proponent shall: A. Obtain approval of a vacation of the existing ponding easement. B. Record a new easement over the expanded pond area on MAC property and over the proposed relocated storm sewer line. C. Submit a petition requesting the improvements on Pioneer Trail and sign a Special Assessment Agreement. D. Obtain all required approvals from Hennepin County; Riley Purgatory Bluff Creek Watershed District; MAC; and Minnesota Historical Society. E. Notify the City and Watershed District 48 hours in advance of grading. F. Install erosion control on the property, as well as tree protection fencing at the grading limits in the wooded areas for trees to be preserved as part of the development. Said fencing shall be field inspected by the City Forester prior to any grading. 3. The following waivers have been granted through the PUD District Review for the property: 1. Parking surface from hard surface to gravel. 2. Waiver to the requirement for planting islands within parking areas. 3. Waiver to allow a parking setback of 7 feet from the highway easement line. City Code requires 50 feet from the street or property line. 3 Area Location Map for - Green Acres parking Lot (file #2014-15) Address: 14150 Pioneer Trail, Eden Prairie, Minnesota 55347 Staring Lake SITE N HWY 5 0 62.5 325 650 Feet 1 1 I 1 1 1 I Zoning Map - Green Acres Parking Lot 14150 Pioneer Trail, Eden Prairie, MN SITE Pioneer Trail City of Eden Prairie Zoning Map =Rural -Regional Commercial Shoreland Management Classifications N R1-44 One Family-44,000 sf.min. -TC-C I NE I Natural Environment Waters R1-22 One Family-22,000 sf min. -TC-R I RD I Recreational Development Waters R1-13.5 One Family-13,500 sf min. -TC-MU I GD I General Development Waters(Creeks Only) f I fl R1-9.5 One Family-9,500 sf min. -Industrial Park-2Acre Min, ® 100- Year Floodplain RM-6.5 Multi-Family-6.7 U.P.A.max. ^Industrial Park-5Acre Min. -RM-2.5 Multi-Family-17.4 U.P.A.max.-General Industrial-5 Acre Min. Up dated through approved Ordinances#26-2008 EDEN Office l l Public Ordinance#33-2001(BFI Addition)approved,but not shown on this map edition PRAIRIE Neighborhood Commercial 1-1 GolfCourse Date:March 1,2009 Community Commercial Water In case of discrepancy related to a toning classitmaaon on this zoning map,the ordinance LIVE•11408R•98EAM and attached legal description on file at Eden Paine Ciry Center will prevail. -Highway Commercial I Right of Way -Regional Service Commercial 0 0,075 0.15 Miles °A-L-1—g--=m._"--g..o.a.,a ..o..il�..m ,..,,mo, Aerial Map Green Acres Parking Lot 14150 Pioneer Trail, Eden Prairie, MN Eden Prairie, MN 55347 II s i !■ Pioneer Trail a , - ic;i0 , 7 ' ,�. +f• it '• 4, ' ( .,.:, � iriF . g. . , , Illegliwir--- — A ._ : ________ _, _ t. ,_ . , ___ -_ Ir. 7 .. - fir. _ _ APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY, OCT. 13, 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 Stu Fox, Manager of Parks and Natural Resources Rod Rue, City Engineer Julie Krull, Recording Secretary I. PLEDGE OF ALLEGIANCE—ROLL CALL Chair Stoltz called the meeting to order at 7:00 p.m. Kirk and Wuttke were absent. II. APPROVAL OF AGENDA MOTION by Higgins, seconded by Frank, to approve the agenda. Motion carried 6-0. III. MINUTES A. PLANNING COMMISSION MEETING HELD ON SEPT. 22, 2014 MOTION by Frank, seconded by Egan, to approve the minutes. Motion carried 6-0. IV. INFORMATIONAL MEETINGS V. PUBLIC MEETINGS VI. PUBLIC HEARINGS A. GREEN ACRES PARKING LOT by Steven Schussler Green Acres LLC Location: 14150 Pioneer Trail Request for: • Planned Unit Development Concept Review Amendment on 2.68 acres. October 13, 2014 Page 2 • Planned Unit Development District Review Amendment with waivers on 2.68 acres • Zoning District Amendment within the Rural Zoning District on 2.68 acres • Site Plan Review Amendment on 2.68 acres • Conditional Use Permit Amendment on 2.68 acres Bob Erickson, Senior Executive for Welsh Companies presented the proposal. He stated there are multi-agency requirements on this proposal and they are seeking PUD waivers that have been previously granted. They accept the recommendations from Staff. He pointed out in 2014, 57 events have taken place with 17 more planned for this year and over 30 planned for 2015 to date. One of these events will include the Eden Prairie Gala. Chair Stoltz asked Klima to review the staff report. Klima said they want to expand the surface parking lot which requires relocating a pond on site. This is a multi-agency proposal. There are 3 waivers with this proposal. Staff recommendation is for approval. Egan asked, being a multi-agency endeavor, what is the protocol on that. Klima said comments and concerns from other agencies will be required to be addressed prior to the issuance of a land alteration permit. Chair Stoltz opened the meeting up for public input. There was no input. MOTION by Pieper, seconded by Weber, to close the public hearing. Motion carried 6-0. MOTION by Pieper, seconded by Egan, to recommend approval of the Planned Unit Development Concept Review Amendment on 2.68 acres; Planned Unit Development District Review Amendment with waivers on 2.68 acres; Zoning District Amendment within the Rural Zoning District on 2.68 acres; Site Plan Review Amendment on 2.68 acres and Conditional Use Permit Amendment on 2.68 acres based on plans stamp dated September 5, 2015 and the information and conditions included in the staff report dated October 10, 2014. Motion carried 6-0. VII. PLANNERS' REPORT A. Presentation of the draft Bicycle and Pedestrian Plan Presented by Robert Ellis, Public Works Director Klima said staff will be seeking a recommendation at the end of this presentation. Robert Ellis, Public Works Director, said he and Antonio Rossell of Community Design Group are here tonight to present the Bicycle and Pedestrian Plan. The October 13, 2014 Page 3 City has received a grant from Hennepin County to promote healthy living. He pointed out there has already been a lot of public input involved in this plan. Antonio Rossell, Urban Planner and Civil Engineer, said they are very happy to be presenting tonight and pointed out this is collaboration between Hennepin County and Eden Prairie. He gave an overview of the plan which consists of: 1. Background 2. Community Engagement 3. Existing Conditions and Analysis 4. Recommendations 5. Toolbox 6. Appendix: Reports and Best Practices In regards to the background, Mr. Rossell said they had a workshop in April and also several additional meetings, or listening sessions, and on-line engagement. For Community Engagement, they are receiving feedback both on-line and in person, from residents. Mr. Rossell stated they took conditions and made an analysis of the bike paths in Eden Prairie. They took difficult conditions and made recommendations to lower the difficulties in the area. For recommendations, they took these from the City. They want to make Eden Prairie a city where walking and biking are safe, comfortable and inviting and convenient for everyday activities. Frank asked how they see the comparable role of cars versus biking and walking, and is this plan an upgrade of something that has been passive. Mr. Rossell said the automobile has also been a priority, but the plan aims not to ditch the auto but create an opportunity to walk or bike. Driving is the most logical option to get around but we want to make walking and biking more safe, enjoyable and comfortable. Eden Prairie has a great system in place but we need to work on the cross sections or intersections to make it safe. We need to find solutions for these intersections. Mr. Ellis said the plan is to be a guide. Chair Stoltz asked Mr. Ellis what they are asking of the Commission this evening. Mr. Ellis said they need to have more connectivity to make paths safer. They have been working on intersections and doubling up the paths by putting them on both sides of the road versus just one side. Frank asked if this takes into account motor bikes or just bicycles. Mr. Rossell said it is just bicycles. Frank asked what happens after we approve the plan and what the cost to implement the project is. Mr. Ellis said this plan does not come October 13, 2014 Page 4 with a Capital Improvement contribution. Frank asked how long this will take. Mr. Ellis said it will take many years for this project to be completed. Weber said there is a lot of information and if this is going to be over many years, what would be the rush to approve it this evening. Mr. Ellis said because of the grant, they need to move on getting this approved. He stated this plan is meant to be a used as a guide. Chair Stoltz asked everyone if they were comfortable with all of the information in the packet. Higgins said it was a lot of information and she has not gotten through all of it and feels like the Commission is taking a big step without spending a lot of time on this. Fox said this plan takes the next step and gives us a fresh look where we have issues and can guide us to where we want to proceed to the next level. Pieper said he agrees with Weber and is not comfortable approving this plan without going through it. Mr. Ellis said approving this will not obligate the City to do any certain projects or hire any consultants. Pieper said he would like more time to review the plan. Frank said he does not doubt it is an excellent plan but stated if we move it on to the Council then he would like more time to review so it would be helpful when making recommendations to the Council. Weber said he also agrees with Frank. He asked, in regards to tools, is that specific or to a general area. Mr. Ellis said initially it would be specific intersections. Weber said he would like to see this tabled for two weeks. Egan said it would have been advantageous for the Planning Commission to have been brought in earlier with joint meetings. Chair Stoltz asked Klima if this presentation could be postponed for two weeks. Klima said that is fine to postpone this presentation for two weeks. She said since this is not a public hearing, no motion needs to be made. B. Council Workshop, October 21, 2014 Klima said the City Council has invited the Commission to attend the Council Workshop on Tuesday, October 21, 2014. Meeting will start at 5:00 pm with the topic being on Design Standards. C. Planning Commission Meeting, October 27, 2014 and 2015 Work Plan Klima said staff is asking for a list of topics the Commission is interested in reviewing or obtaining additional information on. Staff will utilize this October 13, 2014 Page 5 information to create a draft work plan for 2015. Please contact staff directly with any suggestions or comments. VIII. MEMBERS' REPORT IX. CONTINUING BUSINESS X. NEW BUSINESS XI. ADJOURNMENT MOTION by Higgins, seconded by Pieper, to adjourn the meeting. Motion carried 6-0. There being no further business, the meeting was adjourned at 8:06 p.m. CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims November 18, 2014 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: X. Sue Kotchevar, Office of the Payment of Claims City Manager/Finance Requested Action Move to: Approve the Payment of Claims as submitted (roll call vote) Synopsis Checks 235137 - 235636 Wire Transfers 1008953 - 1009230 Wire Transfers 5195 - 5215 September Purchasing Card Report City of Eden Prairie Council Check Summary 11/18/2014 Division Amount Division Amount General 490,217 315 Economic Development 3,000 100 City Manager 2,720 445 Cable PEG 879 101 Legislative 7,941 502 Park Development 2,260 102 Legal Counsel 53,471 509 CIP Fund 2,672 104 Contingency 95 512 CIP Trails 26,863 110 City Clerk 507 513 CIP Pavement Management 1,269 111 Customer Service 11,058 526 Transportation Fund 36,544 112 Human Resources 905 527 CIP-Leasing Costs 53,008 113 Communications 7,406 528 Shady Oak Rd-CR 61 North 411,042 114 Benefits&Training 12,447 529 Shady Oak Rd-CR 61 South 614,060 130 Assessing 294 531 Eden Prairie Road 25,071 131 Finance 854 532 EP Road Connect Flying Cloud 510 132 Housing and Community Services 2,880 534 West 70TH St.Extension 6,374 133 Planning 25,527 Total Capital Project Funds 1,183,552 136 Public Safety Communications 10,914 137 Economic Development 410 601 Prairie Village Liquor 209,406 138 Community Development Admin. 240 602 Den Road Liquor 320,716 150 Park Administration 5,513 603 Prairie View Liquor 218,052 151 Park Maintenance 35,541 605 Den Road Building 2,919 152 Parks Capital Outlay 3,604 701 Water Fund 281,297 153 Organized Athletics 69 702 Sewer Fund 313,578 154 Community Center 15,104 703 Storm Drainage Fund 283,211 156 Youth Programs 6,221 Total Enterprise Funds 1,629,180 157 Special Events 2,022 158 Senior Center 2,960 316 WAFTA 250 159 Recreation Administration 209 803 Escrow Fund 117,554 160 Therapeutic Recreation 21 806 SAC Agency Fund 17,395 162 Arts 1,811 807 Benefits Fund 998,230 163 Outdoor Center 782 809 Investment Fund 14,030 164 Park Rental Facilities 267 812 Fleet Internal Service 89,403 168 Arts Center 906 813 IT Internal Service 100,188 180 Police 18,319 814 Facilities Capital ISF 24,342 183 Emergency Preparedness 2,654 815 Facilites Operating ISF 68,188 184 Fire 36,124 816 Facilites City Center ISF 108,209 186 Inspections 260 817 Facilites Comm.Center ISF 76,954 200 Engineering 2,686 Total Internal Service Funds 1,614,744 201 Street Maintenance 153,507 202 Street Lighting 2,839 Report Totals 5,395,175 Total General Funds 919,308 301 CDBG 29,776 303 Cemetary Operation 1,232 308 E-911 308 309 DWI Forfeiture 13,074 312 Recycle Rebate 701 317 Eden Prairie Players 1,250 Total Special Revenue Funds 46,342 428 G.O.Improv.Revolving 2005B 450 431 G.O.Improvement Bonds 2006B 400 434 2008A Capital Equipment Notes 400 435 2008B G.O.Improvement Bonds 800 Total Debt Service Funds 2,050 City of Eden Prairie Council Check Register 11/18/2014 Check# Amount Supplier/Explanation Account Description Business Unit explanations 235344 666,632 C S MCCROSSAN CONSTRUCTION INC Improvement Contracts Shady Oak Road/CR 61 SOUTH Shady Oak Road/CR 61 SO 1009150 293,079 NORTHWEST ASPHALT Improvement Contracts Escrow Eden Prairie Rd Improvements 235363 288,827 METROPOLITAN COUNCIL ENVIRONMENTAL SERVI MCES User Fee Sewer Utility-General MCES monthly fee 235355 238,190 HEALTHPARTNERS Accounts Receivable Health and Benefits Health/Dental premium 5198 230,180 CERIDIAN Federal Taxes Withheld Health and Benefits Taxes withheld 5209 220,334 CERIDIAN Federal Taxes Withheld Health and Benefits Taxes withheld 235224 198,904 RACHEL CONTRACTING LLC Improvement Contracts Storm Drainage Riverview Road Purgatory Creek 1009213 197,189 MINNESOTA DIRT WORKS INC Improvement Contracts Shady Oak Rd-CR 61 North Shady Oak Road/CR 61 N 1009030 151,936 XCEL ENERGY Electric City Hall-CAM Monthly Utility Billing 5212 144,627 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA 5201 143,276 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA 235421 130,814 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Machinery&Equipment Shady Oak Rd-CR 61 North Shady Oak Road/CR 61 N 235477 110,250 CARLSTON REAL ESTATE Deposits Escrow Mitchell Crossings Apt.refund 235537 85,547 BITUMINOUS ROADWAYS INC Asphalt Overlay Street Maintenance 235365 64,349 PGJ PROPERTIES LLC&MJJ PROPERTIES,LLC Right of Way&Easement Shady Oak Rd-CR 61 North 1009080 58,850 GREGERSON ROSOW JOHNSON&NILAN LTD Legal Rehab 235481 45,577 CUSHMAN&WAKEFIELD/NORTHMARQ Other Contracted Services CIP-Leasing Costs 235400 44,841 CARGILL SALT Salt Snow&Ice Control 235182 43,574 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store 235292 42,287 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store 235612 40,609 SHORT ELLIOTT HENDRICKSON INC Other Contracted Services EP Rd Connect to Flying Cloud 5204 40,103 US BANK Operating Supplies Utility Operations-General 235584 39,345 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store 235431 37,399 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store 235237 34,860 TRAFFIC CONTROL CORPORATION Improvement Contracts Transportation Fund 235205 34,155 MOELTER GRAIN INC Lime Residual Removal Water Treatment Plant 235322 27,710 SOUTHERN WINE&SPIRITS OF MN Liquor Product Received Prairie View Liquor Store 1009083 27,407 LOGIS LOGIS IT Operating 235618 26,159 SOUTHERN WINE&SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store 235620 25,000 SPOTLESS&SEAMLESS EXTERIORS,INC Other Contracted Services Rehab 235591 24,321 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating 235243 23,456 WIRTZ BEVERAGE MINNESOTA BEER INC Liquor Product Received Prairie Village Liquor Store 5200 23,143 ING Deferred Compensation General Fund 235438 22,585 MOELTER GRAIN INC Lime Residual Removal Water Treatment Plant 5211 22,428 ING Deferred Compensation General Fund 235453 21,581 SOUTHERN WINE&SPIRITS OF MN Liquor Product Received Den Road Liquor Store 235465 20,417 WIRTZ BEVERAGE MINNESOTA Liquor Product Received Prairie View Liquor Store 1009023 19,261 THORPE DISTRIBUTING Liquor Product Received Den Road Liquor Store 235242 19,253 WIRTZ BEVERAGE MINNESOTA Liquor Product Received Den Road Liquor Store 235155 19,111 CARVER COUNTY LICENSE CENTER Licenses&Taxes Police 1009070 19,065 DIVERSE BUILDING MAINTENANCE Janitor Service Prairie Village Liquor Store 235607 19,064 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store 235266 18,694 COMMERCIAL ASPHALT CO Repair&Maint.Supplies Water Wells 1009199 18,680 DIVERSE BUILDING MAINTENANCE Janitor Service Prairie Village Liquor Store 235592 18,553 MARCO INC Other Assets IT Telephone 235313 17,597 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store 235338 17,462 WIRTZ BEVERAGE MINNESOTA BEER INC Liquor Product Received Prairie View Liquor Store 235191 17,458 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating 235367 17,350 PRAIRIE PARTNERS SIX LLP Waste Disposal Prairie Village Liquor Store 235197 17,221 METROPOLITAN COUNCIL Other Revenue SAC Agency Fund Check# Amount Supplier/Explanation Account Description Business Unit explanations 235452 17,008 SOUTH METRO PUBLIC SAFETY TRAINING FACIL Other Contracted Services Public Safety Training Facilit 235228 16,951 SOUTHERN WINE&SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store 1009155 16,519 THORPE DISTRIBUTING Liquor Product Received Prairie Village Liquor Store 235196 16,225 METRO CONCRETE RAISING INC Other Contracted Services Facilities Capital 235635 16,223 WIRTZ BEVERAGE MINNESOTA Liquor Product Received Den Road Liquor Store 1009143 16,054 HANSEN THORP PELLINEN OLSON Other Contracted Services Storm Drainage Projects 1009020 15,899 ST CROIX ENVIRONMENTAL INC Design&Engineering Storm Drainage 235219 15,530 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store 1008961 15,490 GREENSIDE INC Contract Svcs-Lawn Maint. City Hall-CAM 1009039 14,629 DAY DISTRIBUTING Liquor Product Received Prairie View Liquor Store 1009163 14,285 DAY DISTRIBUTING Liquor Product Received Den Road Liquor Store 5213 13,862 RADIANT SYSTEMS Bank and Service Charges Prairie View Liquor Store 235337 13,853 WIRTZ BEVERAGE MINNESOTA Liquor Product Received Prairie View Liquor Store 1009137 13,678 CENTERPOINT ENERGY SERVICES INC Gas Water Treatment Plant 5210 13,665 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 5199 13,545 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 235368 13,280 PRAIRIEVIEW RETAIL LLC Advertising Prairie View Liquor Store 5195 13,148 LIFE INSURANCE COMPANY OF NORTH AMERICA Life Insurance EE/ER Health and Benefits 235492 12,655 JP MORGAN CHASE BANK N A Miscellaneous DWI Forfeiture 235340 12,313 ADVANTUS CAPITAL MANAGEMENT INC Interest Investment Fund 1009097 11,904 THORPE DISTRIBUTING Liquor Product Received Den Road Liquor Store 235281 11,721 GRAYMONT Treatment Chemicals Water Treatment Plant 1009145 11,407 MAX STEININGER INC Improvement Contracts Shady Oak Rd-CR 61 North 1009095 11,376 SRF CONSULTING GROUP INC Other Contracted Services Shady Oak Road/CR 61 NORTH 235181 11,339 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store 235471 11,130 ALL PRO XTERIORS INC Contract Svcs-Roof Park Shelters 1009166 10,873 GREENSIDE INC Contract Svcs-Lawn Maint. City Hall-CAM 235442 10,673 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store 1009061 10,595 ADVANCED ENGINEERING&ENVIRONMENTAL SE Process Control Services Sewer Liftstation 235517 10,563 ACTIVE NETWORK INC,THE Software Maintenance IT Operating 235490 10,229 HOISINGTON KOEGLER GROUP INC Other Contracted Services Planning 235578 10,084 HOISINGTON KOEGLER GROUP INC Other Contracted Services Planning 1009019 10,024 SHI CORP Software Maintenance IT Operating 1009153 9,774 SRF CONSULTING GROUP INC Design&Engineering WEST 70TH ST.EXTENSION 1009224 9,743 THORPE DISTRIBUTING Liquor Product Received Den Road Liquor Store 235636 9,676 WIRTZ BEVERAGE MINNESOTA BEER INC Liquor Product Received Prairie View Liquor Store 235374 9,565 VALLEY RICH CO INC Equipment Repair&Maint Water System Maintenance 235583 9,210 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store 1009066 8,840 BARR ENGINEERING COMPANY Design&Engineering Storm Drainage Projects 1009058 8,669 WENCK ASSOCIATES INC Design&Engineering Storm Drainage 5196 8,533 GENESIS EMPLOYEE BENEFITS,INC HSA General Fund 5203 8,533 GENESIS EMPLOYEE BENEFITS,INC HSA General Fund 235436 8,434 MINNESOTA UI FUND Unemployment Compensation Organizational Services 1009089 8,293 NORTHWEST ASPHALT Other Contracted Services CIP Trails 235466 8,195 WIRTZ BEVERAGE MINNESOTA BEER INC Liquor Product Received Prairie View Liquor Store 235258 7,981 BITUMINOUS ROADWAYS INC Improvement Contracts CIP Trails 235170 7,971 GENERAL REPAIR SERVICE Equipment Parts Water Treatment Plant 235171 7,912 GRAYMONT Treatment Chemicals Water Treatment Plant 235572 7,891 GRAYMONT Treatment Chemicals Water Treatment Plant 235291 7,854 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store 235430 7,747 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store 235417 7,734 GRAYMONT Treatment Chemicals Water Treatment Plant 235316 7,670 PRAIRIE RESTORATIONS INC Other Contracted Services Water Capital Check# Amount Supplier/Explanation Account Description Business Unit explanations 235229 7,542 SOUTHWEST SUBURBAN CABLE COMMISSION Dues&Subscriptions City Council 1009151 7,455 PRAIRIE ELECTRIC COMPANY Contract Svcs-HVAC City Center Operations 1009206 7,390 HAWKINS INC Treatment Chemicals Water Treatment Plant 235485 7,033 EDEN PRAIRIE ROTARY CLUB Deposits Den Road Liquor Store 235605 6,870 PAUSTIS&SONS COMPANY Liquor Product Received Den Road Liquor Store 235624 6,790 STEVENS ENGINEERS Other Contracted Services Facilities Capital 235552 6,733 COMMERCIAL ASPHALT CO Repair&Maint.Supplies Street Maintenance 1009174 6,585 PAUL'S TWO-WAY RADIO Equipment Repair&Maint Public Safety Communications 235500 6,470 PRAIRIE RESTORATIONS INC Other Contracted Services Water Capital 5206 6,340 GENESIS EMPLOYEE BENEFITS,INC HRA Health and Benefits 235319 6,250 RIGHTLINE DESIGN LLC Other Contracted Services Communications 235241 6,217 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store 1008954 6,023 BRAUN INTERTEC CORPORATION Testing-Soil Boring Eden Prairie Road 1009018 5,990 SHADYWOOD TREE EXPERTS INC Improvement Contracts Storm Drainage 1009147 5,779 METRO SALES INCORPORATED* Other Rentals Prairie Village Liquor Store 235239 5,778 VERIZON WIRELESS Wireless Subscription IT Operating 235143 5,716 ALTERNATIVE BUSINESS FURNITURE INC Capital Under$25,000 FF&E-Furn,Fixtures&Equip. 235156 5,585 CELLEBRITE USA CORP Hardware Maintenance IT Operating 1008957 5,389 DAY DISTRIBUTING Liquor Product Received Den Road Liquor Store 235356 5,360 HEALTHPARTNERS Health&Fitness Fire 235533 5,318 BELAIR COMPANY LLC Contract Svcs-General Bldg Historical Buildings 235375 5,300 VERIZON WIRELESS Operating Supplies Fire 1009015 5,053 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical City Hall-CAM 1009106 4,999 XCEL ENERGY Electric Traffic Signals 1009014 4,998 POMP'S TIRE SERVICE INC Tires Fleet Operating 1009190 4,930 BIFFS INC Waste Disposal Park Maintenance 235464 4,641 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store 235369 4,617 RTL CONSTRUCTION INC Other Contracted Services CIP-Leasing Costs 1008987 4,594 ASPEN WASTE SYSTEMS INC. Waste Disposal Utility Operations-General 235336 4,586 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store 235509 4,470 VALLEY RICH CO INC Equipment Repair&Maint Water System Maintenance 1009157 4,340 VAN PAPER COMPANY Cleaning Supplies Outdoor Center Facilities 1009127 4,304 VINOCOPIA Liquor Product Received Den Road Liquor Store 235177 4,246 HENNEPIN TECHNICAL COLLEGE Conference/Training Fire 235634 4,102 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store 235441 4,084 PAUSTIS&SONS COMPANY Liquor Product Received Den Road Liquor Store 1009112 4,081 DAY DISTRIBUTING Liquor Product Received Den Road Liquor Store 1009063 4,017 A-SCAPE INC Contract Svcs-Lawn Maint. Fire Station#5 235422 4,000 HENNEPIN COUNTY TREASURER Other Contracted Services Storm Drainage 235581 3,940 INFRARED CONSULTING SERVICES INC Contract Svcs-Electrical City Hall-CAM 1008998 3,824 ESS BROTHERS&SONS INC Repair&Maint.Supplies Sewer System Maintenance 1009229 3,674 WINE COMPANY,THE Liquor Product Received Den Road Liquor Store 1009154 3,664 STREICHERS Operating Supplies Police 1009084 3,605 LUBRICATION TECHNOLOGIES INC Lubricants&Additives Fleet Operating 235317 3,604 REHRIG PACIFIC COMPANY Operating Supplies Capital Outlay Parks 1009026 3,604 VAN PAPER COMPANY Cleaning Supplies Fire Station#4 235627 3,566 VALLEY RICH CO INC Equipment Repair&Maint Water System Maintenance 235603 3,503 ORACLE AMERICA INC Software Maintenance IT Operating 235312 3,466 PAUSTIS&SONS COMPANY Liquor Product Received Prairie View Liquor Store 1009035 3,432 BOUNDLESS NETWORK Operating Supplies Facilities Staff 1009072 3,424 EMERGENCY APPARATUS MAINTENANCE INC Equipment Repair&Maint Fire 235556 3,395 COUNTY MATERIALS CORPORATION Repair&Maint.Supplies Storm Drainage 1009198 3,381 DAIKIN APPLIED Contract Svcs-HVAC City Hall-CAM Check# Amount Supplier/Explanation Account Description Business Unit explanations 1009069 3,280 CDW GOVERNMENT INC. Other Hardware IT Operating 235577 3,258 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store 235253 3,238 AVR INC Asphalt Overlay CIP Trails 235147 3,229 AVR INC Asphalt Overlay Storm Drainage 235286 3,217 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store 1008986 3,203 A-SCAPE INC Contract Svcs-Lawn Maint Den Bldg.-CAM 1009208 3,195 J&D WINDOW CLEANING Maintenance Contracts Water Treatment Plant 235576 3,150 HENNEPIN TECHNICAL COLLEGE Conference/Training Fire 235559 3,100 DELANEY CONSULTING Other Contracted Services Prairie Village Liquor Store 235426 3,095 IMPACT PROVEN SOLUTIONS Other Contracted Services Water Accounting 235222 3,000 POSTAGE BY PHONE RESERVE ACCOUNT Postage Customer Service 235254 3,000 BAKER Other Contracted Services Economic Development Fund 235353 3,000 GW LAND DEVELOPMENT OF MINNESOTA Deposits Escrow 235366 3,000 POSTAGE BY PHONE RESERVE ACCOUNT Postage Customer Service 235610 3,000 ROAD MACHINERY&SUPPLIES CO Equipment Repair&Maint CIP Trails 1009073 3,000 EMERSON NETWORK POWER Inside Equipment Repair&Main IT Operating 235545 2,977 CENTURYLINK Elevators IT Telephone 1009132 2,968 BARR ENGINEERING COMPANY Other Contracted Services Purgatory Creek Park 1008988 2,934 BARR ENGINEERING COMPANY Design&Engineering Storm Drainage 235216 2,884 PAUSTIS&SONS COMPANY Liquor Product Received Prairie Village Liquor Store 1009043 2,830 GREENSIDE INC Contract Svcs-Lawn Maint. Fire Station#1 1008995 2,730 DAIKIN APPLIED Contract Svcs-HVAC City Hall-CAM 235204 2,726 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Riley Lake 235357 2,708 HENNEPIN COUNTY TREASURER Licenses,Permits,Taxes Storm Drainage 235598 2,704 MN DEPT OF TRANSPORTATION Equipment Repair&Maint Shady Oak Rd-CR 61 South 235138 2,630 A-1 STRIPES INC Improvement Contracts Capital Maint.&Reinvestment 235178 2,619 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store 235188 2,500 LANO EQUIPMENT INC Repair&Maint.Supplies Storm Drainage 235446 2,500 R.A.SMITH NATIONAL Other Contracted Services Storm Drainage 235539 2,500 BLUESTEM HERITAGE GROUP Other Contracted Services Heritage Preservation 235288 2,428 INDIAN SPRINGS MFG CO INC Equipment Parts Water Treatment Plant 235325 2,407 STAPLES ADVANTAGE Office Supplies Fire 1009021 2,372 ST CROIX RECREATION FUN PLAYGRAOUNDS INC Operating Supplies Park Maintenance 235327 2,272 STERLING FENCE INC Equipment Repair&Maint Water Wells 235528 2,257 AVR INC Asphalt Overlay Street Maintenance 1009002 2,209 GRAINGER Supplies-General Bldg Pool Maintenance 1009029 2,195 WM MUELLER AND SONS INC Gravel Sewer System Maintenance 235462 2,129 WAUSAU TILE INC Improvements to Land Round Lake 1009104 2,111 WINE COMPANY,THE Liquor Product Received Prairie View Liquor Store 235334 2,050 WELLS FARGO BANK MINNESOTA NA Paying Agent 2008A Capital Equipment Notes 235593 2,028 MIDWEST COCA COLA BOTTLING COMPANY Liquor Product Received Prairie View Liquor Store 235329 1,993 SUMMIT COMMERCIAL FACILITIES GROUP Contract Svcs-HVAC Garden Room Repairs 1009003 1,979 HANSEN THORP PELLINEN OLSON Design&Engineering Storm Drainage 1009158 1,962 WINE COMPANY,THE Liquor Product Received Den Road Liquor Store 1009186 1,943 A TO Z RENTAL CENTER Other Rentals Internal Events 235209 1,929 NORTHSTAR MUDJACKING&MORE LLC Mudjacking Curbs Drainage 1009037 1,917 CLAREY'S SAFETY EQUIPMENT Repair&Maint.Supplies Emergency Preparedness 1009160 1,899 XCEL ENERGY Electric Prairie Village Liquor Store 235534 1,896 BERNICK'S WINE Liquor Product Received Den Road Liquor Store 235525 1,885 APRONS PLUS CONSTRUCTION Other Contracted Services Rehab 235227 1,884 SIGNSOURCE Other Contracted Services CIP-Leasing Costs 235457 1,865 TRI STATE BOBCAT INC. Equipment Parts Fleet Operating 235424 1,863 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store Check# Amount Supplier/Explanation Account Description Business Unit explanations 235309 1,857 OUTDOOR ENVIRONMENTS INC Other Contracted Services Park Maintenance 235279 1,857 GOPHER STATE ONE-CALL OCS-Leak Detection Utility Operations-General 1009216 1,854 PARLEY LAKE WINERY Liquor Product Received Den Road Liquor Store 1009195 1,833 CERIDIAN Ceridian IT Operating 235571 1,798 GRAPE BEGINNINGS Liquor Product Received Den Road Liquor Store 5215 1,797 GENESIS EMPLOYEE BENEFITS,INC Other Contracted Services Health and Benefits 1008992 1,794 CENTERPOINT ENERGY Gas Water Treatment Plant 235407 1,794 COUNTY MATERIALS CORPORATION Equipment Parts Storm Drainage 1008983 1,788 YOUNGSTEDTS COLLISION CENTER Equipment Repair&Maint Police 235564 1,739 EATS Operating Supplies Organizational Services 1009111 1,733 COX,KIM Tuition Reimbursement/School Organizational Services 1009129 1,731 ADVANCED ENGINEERING&ENVIRONMENTAL SE Design&Engineering Water Treatment Plant 235626 1,718 US BANK Interest Investment Fund 235262 1,710 BUREAU OF CRIMINAL APPREHENSION Software Maintenance IT Operating 235308 1,710 OLSEN'S EMBROIDERY/COMPANY Operating Supplies Street Maintenance 1009027 1,690 WALL TRENDS INC Contract Svcs-General Bldg Park Shelters 1009188 1,678 A-SCAPE INC Contract Svcs-Lawn Maint. Fire Station#2 1009189 1,669 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store 1009081 1,668 KIDS TEAM TENNIS LLC Instructor Service Tennis 1008989 1,618 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store 235148 1,602 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating 235352 1,600 EDEN PRAIRIE SOCCER CLUB INC Deposits-P&R Refunds Community Center Admin 235295 1,583 KRISS PREMIUM PRODUCTS INC Contract Svcs-HVAC Fitness/Conference-Cmty Ctr 235484 1,530 DSO ARCHITECTURE INC Contract Svcs-Gener Fire Station#2 235404 1,517 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store 1009133 1,514 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store 235210 1,500 OAKES,KAREN Refunds Storm Drainage 235494 1,500 MEALS ON WHEELS Other Contracted Services Housing and Community Service 1009085 1,500 METRO ELEVATOR INC Contract Svcs-Elevator City Hall-CAM 235531 1,496 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating 235230 1,458 SPARTAN STAFFING LLC Other Contracted Services Park Maintenance 1009082 1,440 LANDS END CORPORATE SALES Clothing&Uniforms Police 1009028 1,428 WINE COMPANY,THE Liquor Product Received Prairie Village Liquor Store 1009218 1,415 PRAIRIE ELECTRIC COMPANY Maintenance Contracts Fitness/Conference-Cmty Ctr 235350 1,400 DON STODOLA WELL DRILLING CO INC Contract Svcs-Plumbing Riley House 235454 1,378 SPARTAN STAFFING LLC Other Contracted Services Park Maintenance 235391 1,374 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store 235271 1,346 DEZURIK Equipment Parts Water Treatment Plant 235306 1,344 NORTHERN AIR CORPORATION Contract Svcs-HVAC City Hall-CAM 1009046 1,334 LYNDALE PLANT SERVICES Contract Svcs-Int.Landscape City Hall-CAM 1009087 1,327 MINNESOTA ROADWAYS CO Contract Svcs-Asphalt/Concr. City Hall-CAM 235252 1,322 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store 235526 1,321 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store 1009209 1,304 KIDS TEAM TENNIS LLC Instructor Service Tennis 235269 1,269 CRETEX CONCRETE PRODUCTS MIDWEST INC Repair&Maint.Supplies Storm Drainage 1009109 1,269 BRAUN INTERTEC CORPORATION Testing-Soil Boring CIP Pavement Management 1009004 1,268 INTERSTATE POWER SYSTEMS INC Equipment Repair&Maint Water Wells 235373 1,267 STEVENS ENGINEERS Other Contracted Services Facilities Capital 235324 1,267 SPARTAN STAFFING LLC Other Contracted Services Park Maintenance 235608 1,260 PLANET SPIRIT Instructor Service Camps 235152 1,250 BRENT SCHOONOVER ILLUSTRATION LLC Other Contracted Services Eden Prairie Players 235358 1,250 HOMELINE Other Contracted Services Housing and Community Service 235514 1,214 3D SPECIALTIES Signs Tree Disease Check# Amount Supplier/Explanation Account Description Business Unit explanations 235543 1,210 BRYAN ROCK PRODUCTS INC Gravel Storm Drainage 235320 1,200 ROBERT C VOGEL Other Contracted Services Heritage Preservation 235611 1,200 ROBERT C VOGEL Other Contracted Services Heritage Preservation 235249 1,199 ALTERNATIVE BUSINESS FURNITURE INC Supplies-General Building City Center Operations 235619 1,182 SPARTAN STAFFING LLC Other Contracted Services Park Maintenance 235527 1,182 ARVIG Wireless Subscription IT Operating 235339 1,170 Z WINES USA LLC Liquor Product Received Prairie View Liquor Store 1009050 1,159 PARK SUPPLY OF AMERICA INC Supplies-Plumbing Fitness/Conference-Cmty Ctr 1009183 1,147 VINOCOPIA Liquor Product Received Den Road Liquor Store 235613 1,147 SIGNSOURCE Contract Svcs-Gen.Bldg City Center Operations 235523 1,140 AMAZING ATHLETES OF SOUTHWEST METRO Instructor Service Preschool Events 235301 1,127 MIDWEST COCA COLA BOTTLING COMPANY Liquor Product Received Prairie View Liquor Store 235141 1,126 ABSOLUTE RAIN INC. Contract Svcs-Lawn Maint. City Hall-CAM 235573 1,106 GS DIRECT Equipment Repair&Maint Engineering 235161 1,100 CO2 SYSTEMS INC Equipment Repair&Maint Water Treatment Plant 235476 1,094 CARLIN,EMMA Refunds Storm Drainage 235303 1,078 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Water Accounting 235361 1,073 IZZO,LEONARD&STACY AR Utility Water Enterprise Fund 1009067 1,071 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store 1008981 1,067 VINOCOPIA Liquor Product Received Prairie Village Liquor Store 235280 1,064 GRAPE BEGINNINGS Liquor Product Received Prairie View Liquor Store 235443 1,061 PLASTIC BAG MART Liquor Product Received Prairie View Liquor Store 235263 1,057 BUSINESS IMPACT GROUP Clothing&Uniforms Fire 235428 1,048 INTERNATIONAL UNION OF OPERATING Union Dues Withheld General Fund 235398 1,045 BUSINESS IMPACT GROUP Clothing&Uniforms Fire 235235 1,027 TEAM LABORATORY CHEMICAL CORPORATION Repair&Maint.Supplies Sewer Liftstation 235383 1,021 SAM'S CLUB Operating Supplies Halloween Party 1009223 1,017 STREICHERS Clothing&Uniforms Police 235330 1,014 TKO WINES,INC Liquor Product Received Prairie View Liquor Store 235575 1,000 HENNEPIN COUNTY UT DEPT Software Maintenance IT Operating 235617 1,000 SOUTHDALE YMCA-CHILD CARE Refunds CDBG-Public Service 235491 992 HOME DEPOT CREDIT SERVICES Operating Supplies City Center Operations 235429 992 INTERNATIONAL UNION OF OPERATING Union Dues Withheld General Fund 235203 985 MINNESOTA SAFETY SERVICES LLC Other Contracted Services Pool Lessons 235149 983 BERG-JOHNSON ASSOCIATES INC Equipment Parts Water Treatment Plant 235413 980 EDINA,CITY OF Other Contracted Services Communications 235470 975 ADVANCED CONCRETE SERVICES INC Equipment Repair&Maint Water System Maintenance 1009200 973 EMERGENCY APPARATUS MAINTENANCE INC Equipment Repair&Maint Fire 235546 972 CENTURYLINK Telephone IT Operating 235185 950 KRAFT TREE SERVICE INC Other Contracted Services Tree Removal 1009228 947 WATSON CO INC,THE Merchandise for Resale Concessions 235231 943 STAPLES ADVANTAGE Office Supplies Elections 235260 939 BRIN NORTHWESTERN GLASS COMPANY Contract Svcs-General Bldg Dunn Brothers 235335 930 WELSH COMPANIES Other Contracted Services CIP-Leasing Costs 235145 920 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store 1009001 910 FILTRATION SYSTEMS Supplies-HVAC City Hall-CAM 235167 903 EATS Training Supplies Police 235606 900 PETTY CASH-EPCC Petty Cash&Change Funds General Fund 235343 895 BIG SKY PLUMBING,LLC Other Contracted Services Rehab 235498 888 PITNEY BOWES Postage Customer Service 235261 886 BROTHERS FIRE PROTECTION Contract Svcs-Fire/Life/Safe Fitness/Conference-Cmty Ctr 1009205 879 GRANICUS INC Equipment Repair&Maint Cable PEG 235440 875 OLSEN COMPANIES Small Tools Fleet Operating Check# Amount Supplier/Explanation Account Description Business Unit explanations 235173 874 HD SUPPLY WATERWORKS LTD Repair&Maint.Supplies Storm Drainage 235208 865 NORTHERN AIR CORPORATION Contract Svcs-HVAC Police City Center 235392 854 AVR INC Improvement Contracts CIP Trails 235256 853 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating 1009094 849 SCHWAB VOLLHABER LUBRATT SERVICE CORO Supplies-HVAC City Hall-CAM 235255 835 BARTON SAND&GRAVEL CO Repair&Maint.Supplies Storm Drainage 235503 833 SEASONAL SERVICES ON LAKE MINNETONKA Other Contracted Services Smetana Park 235555 823 CONTINENTAL SAFETY EQUIPMENT Repair&Maint-Ice Rink Ice Arena Maintenance 235278 813 FLYING CLOUD T/S#U70 Waste Disposal Park Maintenance 235565 810 EDEN GARDENS Outside Water Sales Escrow 235467 805 XYLEM WATER SOLUTIONS USA INC Equipment Parts Water Treatment Plant 1009074 798 ESS BROTHERS&SONS INC Repair&Maint.Supplies Storm Drainage 1009139 797 FACTORY MOTOR PARTS COMPANY Equipment Parts Fleet Operating 235282 796 HD SUPPLY WATERWORKS LTD Repair&Maint.Supplies Storm Drainage 235625 789 TIMBERWALL LANDSCAPE&MASONRY PRODUCTS Building Materials Round Lake 235250 785 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Fire 235538 776 BLOOMINGTON SECURITY SOLUTIONS Contract Svcs-Security Utility Operations-General 235289 765 INTERTECH INC Other Contracted Services IT Operating 1009211 765 MENARDS Repair&Maint.Supplies Fire 1009222 762 SHI CORP Hardware Maintenance IT Operating 1009168 753 HACH COMPANY Treatment Chemicals Water Treatment Plant 235495 750 MEDICINE LAKE TOURS Special Event Fees Trips 235264 746 CAPITAL SIDING&WINDOWS Building Permits General Fund 235590 737 MANOR HOMES OF CINNAMON RIDGE Refunds Storm Drainage 235496 735 MULTIVENTURE PROPERTIES Landscape Materials/Supp Storm Drainage 1009204 727 GRAINGER Supplies-General Bldg Water Treatment Plant 235557 724 CRETEX CONCRETE PRODUCTS MIDWEST INC Repair&Maint.Supplies Sewer System Maintenance 235211 720 OFFICE OF THE SECRETARY OF STATE Licenses&Taxes Police 1009128 715 YOUNGSTEDTS COLLISION CENTER Equipment Repair&Maint Fleet Operating 235163 700 DIETHELM,TAMMY L Other Contracted Services Pleasant Hill Cemetery 235416 700 GRAPE BEGINNINGS Liquor Product Received Prairie View Liquor Store 1009227 696 WALL TRENDS INC Contract Svcs-General Bldg Fitness/Conference-Cmty Ctr 1009207 695 IDEAL SERVICE INC Repair&Maint.Supplies Water Wells 1009162 690 BERTELSON TOTAL OFFICE SOLUTIONS Office Supplies Utility Operations-General 1009217 690 PETERSON BROS ROOFING AND CONSTRUCTION I Contract Svcs-Roof Public Works/Parks 235240 689 WALSER CHRYSLER JEEP Equipment Parts Fleet Operating 1009022 683 STREICHERS Clothing&Uniforms Police 1009130 680 ASPEN EQUIPMENT CO. Equipment Repair&Maint Fleet Operating 1009045 679 JOHN HENRY FOSTER MINNESOTA INC Maintenance Contracts Water Treatment Plant 235394 679 BOOM ISLAND BREWING COMPANY Liquor Product Received Den Road Liquor Store 235157 678 CEMSTONE PRODUCTS COMPANY Improvement Contracts CIP Trails 1009165 668 FASTENAL COMPANY Equipment Parts Water System Maintenance 235632 653 WATER CONSERVATION SERVICES INC Other Contracted Services Water System Maintenance 235501 650 PREMIER FENCE INC Improvement Contracts Storm Drainage 235310 649 OXYGEN SERVICE COMPANY EMS Supplies Fire 235520 642 AGGREGATE INDUSTRIES Repair&Maint.Supplies Storm Drainage 235486 640 FIRE SAFETY USA INC Equipment Repair&Maint Fire 235395 633 BOURGET IMPORTS Liquor Product Received Den Road Liquor Store 1009008 628 METRO SALES INCORPORATED* Equipment Repair&Maint IT Operating 235160 627 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store 235179 627 INDEED BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 1009009 624 MULCAHY COMPANY INC Contract Svcs-HVAC Water Treatment Plant 1009194 617 CENTERPOINT ENERGY Gas Prairie View Liquor Store Check# Amount Supplier/Explanation Account Description Business Unit explanations 235251 615 ANDERBERG INNOVATIVE PRINT SOLUTIONS INC Printing Police 235542 600 BROOKSIDE INC Waste Blacktop/Concrete Street Maintenance 1008976 593 SLETTEN,DAN Travel Expense IT Operating 235139 593 AAA STRIPING SERVICE CO Contracted Striping Traffic Signs 235376 592 PETTY CASH Mileage&Parking Senior Center Admin 235560 591 DEPARTMENT OF HUMAN SERVICES Other Contracted Services Park Maintenance 1008999 576 ETHANOL PRODUCTS LLC Treatment Chemicals Water Treatment Plant 235540 574 BOURGET IMPORTS Liquor Product Received Prairie View Liquor Store 235384 570 SCOTT COUNTY SHERIFF'S OFFICE Deposits Escrow 1009078 567 GOVDELIVERY Software Maintenance IT Operating 235397 560 BSN SPORTS Operating Supplies Lesson Skills Development 235284 556 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Equipment Repair&Maint Public Safety Communications 235530 555 BARTON SAND&GRAVEL CO Waste Blacktop/Concrete Street Maintenance 235614 554 SMALL LOT MN Liquor Product Received Prairie Village Liquor Store 1009099 554 USA SECURITY Maintenance Contracts Water Treatment Plant 1009000 551 FASTSIGNS Advertising Special Events Admin 1009125 543 THE OASIS GROUP Accounts Receivable Organizational Services 235277 542 FIRE SAFETY USA INC Small Tools Fire 1009098 535 US HEALTHWORKS MEDICAL GROUP PC Employment Support Test Organizational Services 235553 534 COMMUNITY ACTION PARTNERSHIP Refunds CDBG-Public Service 235270 528 DALE GREEN COMPANY,THE Asphalt Overlay Street Maintenance 1009210 525 KUSTOM SIGNALS INC Equipment Repair&Maint Police 1009184 523 W P&R S MARS CO Equipment Repair&Maint Fleet Operating 235290 522 ITL PATCH COMPANY INC Miscellaneous Police 1009071 516 DMX MUSIC Operating Supplies Prairie View Liquor Store 1009134 514 BOUND TREE MEDICAL LLC EMS Supplies Fire 235198 514 MIDWEST COCA COLA BOTTLING COMPANY Merchandise for Resale Concessions 1009051 511 PHYSIO CONTROL INC EMS Supplies Fire 235371 510 SOUTH METRO PUBLIC SAFETY TRAINING FACIL Tuition Reimbursement/School Police 1009079 507 GRAINGER Lab Supplies City Center Operations 235137 507 PETTY CASH-POLICE DEPT Operating Supplies Police 1009131 501 ASPEN WASTE SYSTEMS INC. Waste Disposal Public Works/Parks 235506 500 TRANSPORT GRAPHICS Office Supplies Fire 235562 498 DOMACE VINO Liquor Product Received Prairie Village Liquor Store 1009102 495 WALL TRENDS INC Contract Svcs-General Bldg Fire Station#3 235257 489 BERNICK'S WINE Liquor Product Received Prairie Village Liquor Store 235247 487 AFPS DBA LIFE SUPPORT INNOVATIONS Supplies-Fire/Life/Safety Fitness/Conference-Cmty Ctr 1009193 471 CDW GOVERNMENT INC. Miscellaneous IT Operating 1009196 470 COMPRESSED AIR CONCEPTS LLLC Contract Svcs-General Bldg Public Works/Parks 1009159 468 WM MUELLER AND SONS INC Patching Asphalt Street Maintenance 235437 466 MN DEPT OF TRANSPORTATION Testing-Soil Boring Shady Oak Road/CR 61 SOUTH 235493 466 LUBE-TECH ESI Equipment Testing/Cert. Fleet Operating 235275 464 EDEN PRAIRIE NOON ROTARY CLUB Dues&Subscriptions Police 235596 461 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Traffic Signals 235332 458 WALSER CHRYSLER JEEP Equipment Parts Fleet Operating 235382 450 RICHARD ALAN PRODUCTIONS Other Contracted Services Halloween Party 235158 441 CENTURYLINK Wireless Subscription IT Telephone 235218 440 PHANTOM PRODUCTS INC Operating Supplies Fire 235314 437 PINNACLE DISTRIBUTING Liquor Product Received Prairie Village Liquor Store 235297 432 MACQUEEN EQUIPMENT INC Equipment Parts Sewer System Maintenance 235380 432 DEPARTMENT OF COMMERCE Cash Over/Short Community Center Admin 235579 431 INDEED BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 235144 431 APPERT'S FOODSERVICE Merchandise for Resale Concessions Check# Amount Supplier/Explanation Account Description Business Unit explanations 1009149 430 NORTH CENTRAL LABORATORIES Laboratory Chemicals Water Treatment Plant 1008997 429 EF JOHNSON Equipment Repair&Maint Public Safety Communications 1008953 428 ADAMS PEST CONTROL INC Maintenance Contracts Fitness/Conference-Cmty Ctr 235140 425 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 235381 424 KIRST,JEFFREY Deposits Escrow 1009096 420 STREICHERS Clothing&Uniforms Police 1009062 415 AMERITRAK Other Contracted Services Snow&Ice Control 1009187 415 AMERITRAK Other Contracted Services Snow&Ice Control 235622 415 STAPLES ADVANTAGE Office Supplies Customer Service 1009126 413 TWIN CITY SEED CO Landscape Materials/Supp Park Maintenance 235236 408 TKO WINES,INC Liquor Product Received Prairie View Liquor Store 235195 407 METRO APPLIANCE RECYCLING Waste Disposal Fleet Operating 235468 405 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 235415 405 EMERGENCY RESPONSE SOLUTIONS Equipment Parts Emergency Preparedness 235323 401 SOUTHWEST SUBURBAN PUBLISHING-CLASSIFIED Advertising Art Crawl 235458 400 TURNER,ANDY Other Contracted Services Summer Theatre 235142 395 AFPS DBA LIFE SUPPORT INNOVATIONS Safety Supplies Senior Center Admin 1009192 393 CARDIAC SCIENCE CORPORATION EMS Supplies Police 235212 391 OHNSORG TRUCK BODIES INC Equipment Parts Fleet Operating 235187 390 LAKE MONSTER BREWING Liquor Product Received Prairie Village Liquor Store 235345 389 CAPREF EDEN PRAIRIE LLC Building Rental Housing and Community Service 1008991 388 CDW GOVERNMENT INC. Other Hardware IT Operating 1009076 387 FORKLIFTS OF MINNESOTA INC Maintenance Contracts Utility Operations-General 235544 371 CBIZ FINANCIAL SOLUTIONS INC Other Contracted Services Organizational Services 235296 370 LANO EQUIPMENT INC Equipment Parts Fleet Operating 235318 367 RETROFIT COMPANIES,INC,THE Supplies-Electrical Fitness/Conference-Cmty Ctr 1009040 359 EXTREME BEVERAGE Liquor Product Received Prairie Village Liquor Store 235412 356 EATS Training Supplies Police 235518 356 ADESA MPLS Miscellaneous DWI Forfeiture 235535 354 BEST BUY Hardware Maintenance IT Operating 235409 350 DEALER AUTOMOTIVE SERVICES INC Equipment Repair&Maint Fleet Operating 1009103 348 WATSON CO INC,THE Merchandise for Resale Concessions 1008960 345 GREATAMERICA FINANCIAL SVCS Postage Customer Service 1009053 341 PROSOURCE SUPPLY Cleaning Supplies Ice Arena Maintenance 1008956 339 CLAREY'S SAFETY EQUIPMENT Clothing&Uniforms City Center Operations 235524 334 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Den Road Liquor Store 235628 333 VEOLIA Waste Disposal Fleet Operating 235207 329 MULCAHY INC Supplies-HVAC Fitness/Conference-Cmty Ctr 1009181 327 TITAN ENERGY SYSTEMS Contract Svcs-Fire/Life/Safe Fire Station#1 1008996 324 DAKOTA SUPPLY GROUP INC Repair&Maint.Supplies Water Metering 235563 321 E A SWEEN COMPANY Merchandise for Resale Concessions 235447 320 ROOT 0 MATIC Equipment Repair&Maint Sewer System Maintenance 235473 320 BEARPATH GOLF AND COUNTRY CLUB Outside Water Sales Escrow 1009086 319 METRO SALES INCORPORATED* Other Rentals IT Operating 1009138 319 EDEN PRAIRIE FIREFIGHTER'S RELIEF ASSOC Union Dues Withheld General Fund 1009056 318 SHAMROCK GROUP,INC-ACE ICE Liquor Product Received Prairie View Liquor Store 235504 317 SETON IDENTIFICATION PRODUCTS Safety Supplies Water Treatment Plant 235629 314 VERIZON WIRELESS Telephone Park Maintenance 1009146 314 MENARDS Operating Supplies Water System Maintenance 1009113 311 DUNGAN,TRACY Mileage&Parking Concessions 235399 310 CALIFORNIA CONTRACTORS SUPPLIES INC Clothing&Uniforms Utility Operations-General 1009006 309 LUBRICATION TECHNOLOGIES INC Lubricants&Additives Fleet Operating 235259 301 BOURGET IMPORTS Liquor Product Received Prairie View Liquor Store Check# Amount Supplier/Explanation Account Description Business Unit explanations 235580 299 INDOFF INCORPORATED Office Supplies Customer Service 235388 296 AFPS DBA LIFE SUPPORT INNOVATIONS Safety Supplies Utility Operations-General 1008993 294 CONCRETE CUTTING&CORING INC Equipment Parts Sewer System Maintenance 235287 291 INDEED BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 235362 290 KODIAK CUSTOM LETTERING INC Operating Supplies Ice Rink#3 1009093 287 PREMIUM WATERS INC Operating Supplies Fire 235153 283 BUSINESS IMPACT GROUP Clothing&Uniforms Fire 235201 281 MINNESOTA CONWAY Contract Svcs-Fire/Life/Safe Fire Station#1 1009036 281 CARLSTON,BRANDON Tuition Reimbursement/School Police 235351 280 EATS Training Supplies Police 235268 278 CONTECH ENGINEERED SOLUTIONS LLC Repair&Maint.Supplies Storm Drainage 235333 278 WATER CONSERVATION SERVICES INC OCS-Utility Locates Water System Maintenance 235418 278 H&L MESABI Equipment Parts Fleet Operating 235455 276 STAPLES ADVANTAGE Office Supplies Customer Service 235189 275 LEIFELD FRAMING Operating Supplies Police 1009065 275 BANK BEER CO Liquor Product Received Den Road Liquor Store 235451 274 SHORT ELLIOTT HENDRICKSON INC Other Contracted Services Storm Drainage 235600 272 NOVAK STUMP REMOVAL Other Contracted Services Tree Removal 1008967 269 MY CABLE MART Miscellaneous IT Operating 235221 266 PLASTIC BAG MART Liquor Product Received Prairie View Liquor Store 235425 265 HOTSY MINNESOTA Equipment Repair&Maint Fleet Operating 235186 262 LAKE COUNTRY DOOR LLC Contract Svcs-General Bldg Fire Station#2 1009049 261 MPX GROUP,THE Fire Prevention Supplies Fire 5197 259 CERIDIAN Garnishment Withheld General Fund 5208 259 CERIDIAN Garnishment Withheld General Fund 1009100 254 VAN PAPER COMPANY Cleaning Supplies Fitness/Conference-Cmty Ctr 1008958 251 EXTREME BEVERAGE Liquor Product Received Prairie View Liquor Store 235151 250 BIG PICTURE,THE Other Contracted Services Arts 235194 250 MERCURY MOSAICS Other Contracted Services Arts Center 235202 250 MINNESOTA DEPARTMENT OF HEALTH Licenses&Taxes WAFTA 1009175 250 PROSOURCE SUPPLY Supplies-General Bldg Fire Station#4 1009214 247 NEW FRANCE WINE COMPANY Liquor Product Received Prairie Village Liquor Store 235586 246 KEEPERS Clothing&Uniforms Police 1008994 245 CONTINENTAL RESEARCH CORPORATION Operating Supplies Park Maintenance 235401 240 CENTURYLINK Telephone E-911 Program 1009092 240 PRAIRIE ELECTRIC COMPANY Contract Svcs-HVAC Police City Center 1008979 238 TWIN CITY SEED CO Landscape Materials/Supp Storm Drainage 235192 237 MATSON HOLDINGS INC Small Tools Fleet Operating 1009108 233 BERTELSON TOTAL OFFICE SOLUTIONS Office Supplies Utility Operations-General 1009101 233 VTI Equipment Repair&Maint Public Safety Communications 235597 230 MN COMMERCIAL ASSOCIATION OF REAL ESTATE Dues&Subscriptions Economic Development 1009148 223 NEW FRANCE WINE COMPANY Liquor Product Received Den Road Liquor Store 235450 221 SAFELITE FULFILLMENT INC Equipment Repair&Maint Fleet Operating 235162 220 COMCAST Wireless Subscription IT Operating 1009172 219 METROPOLITAN FORD Equipment Repair&Maint Fleet Operating 1009010 219 NEW FRANCE WINE COMPANY Liquor Product Received Den Road Liquor Store 1009088 218 MN SUPPLY Contract Svcs-Fire/Life/Safe Fitness/Conference-Cmty Ctr 1009169 217 JOHN DEERE LANDSCAPES/LESCO Landscape Materials/Supp Park Maintenance 235569 217 GE CAPITAL Other Rentals IT Operating 235272 217 E A SWEEN COMPANY Merchandise for Resale Concessions 1008973 216 SHAMROCK GROUP,INC-ACE ICE Liquor Product Received Prairie Village Liquor Store 235349 214 COMCAST Cable TV Fire 235315 210 PRAHA DISTRIBUTING Liquor Product Received Prairie View Liquor Store Check# Amount Supplier/Explanation Account Description Business Unit explanations 235393 209 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating 235234 208 SUMMIT COMMERCIAL FACILITIES GROUP Contract Svcs-HVAC Prairie Village Liquor Store 235456 208 SUMMIT COMMERCIAL FACILITIES GROUP Contract Svcs-HVAC Den Road Liquor Store 1009177 204 RUE,RODNEY Mileage&Parking Engineering 235554 203 COMPASS CONSULTANTS INC Other Contracted Services IT Capital 235630 203 VINE LINE DISTRIBUTION LLC Liquor Product Received Prairie Village Liquor Store 1008984 200 ZEP MANUFACTURING CO Repair&Maint.Supplies Utility Operations-General 235594 200 MILIO'S SANDWICHES Merchandise for Resale Concessions 235461 198 WALSER CHRYSLER JEEP Equipment Parts Fleet Operating 235206 196 MRPA Conference/Training Recreation Admin 235190 195 LIBSACK,SHAUNA Deposits-P&R Refunds Community Center Admin 235299 195 MATTS AUTO SERVICE INC Equipment Repair&Maint Fleet Operating 1009017 193 SCHWAB VOLLHABER LUBRATT SERVICE CORO Supplies-HVAC City Hall-CAM 1009221 193 SHERWIN WILLIAMS CO Repair&Maint.Supplies Park Maintenance 1009185 192 WITT,BETH Mileage&Parking Aquatics Admin. 1009230 191 XCEL ENERGY Electric Forest Hills Park 235513 187 PETTY CASH-EPCC Operating Supplies Community Center Admin 1009011 187 NUCO2 INC Supplies-Pool Pool Maintenance 1009212 182 METRO ELEVATOR INC Contract Svcs-Elevator Fitness/Conference-Cmty Ctr 1009176 181 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 235396 180 BROTHERS FIRE PROTECTION Contract Svcs-Fire/Life/Sfty City Hall-CAM 235519 178 AFPS DBA LIFE SUPPORT INNOVATIONS Safety Supplies Prairie Village Liquor Store 235444 177 PROP United Way Withheld General Fund 235445 177 PROP United Way Withheld General Fund 235480 177 CRETEX CONCRETE PRODUCTS MIDWEST INC Repair&Maint.Supplies Sewer System Maintenance 1009105 173 WM MUELLER AND SONS INC Patching Asphalt Street Maintenance 235174 173 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Board of Prisoner Police 235411 172 E A SWEEN COMPANY Merchandise for Resale Concessions 1009191 170 BOYER TRUCKS Equipment Parts Fleet Operating 235402 166 CINTAS CORPORATION #470 Cleaning Supplies Utility Operations-General 235516 165 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 1009215 162 OENO'S DISTRIBUTION Liquor Product Received Prairie Village Liquor Store 235285 162 HENNEPIN COUNTY RESIDENT&REAL ESTATE Other Contracted Services Engineering 1009144 162 KUSTOM SIGNALS INC Equipment Repair&Maint Police 1008974 161 SHRED-IT USA MINNEAPOLIS Waste Disposal City Center Operations 235515 160 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 235200 160 MINNESOTA CHIEFS OF POLICE ASSOC Printing Police 235214 160 OMEGA INDUSTRIES Equipment Repair&Maint Park Maintenance 1009107 159 BERRY COFFEE COMPANY Merchandise for Resale Concessions 1009005 158 LEROY JOB TRUCKING INC Other Contracted Services Animal Control 235601 157 OLSEN COMPANIES Operating Supplies Park Maintenance 235522 156 ALTERNATIVE BUSINESS FURNITURE INC Supplies-General Building City Center Operations 235154 156 CALIFORNIA CONTRACTORS SUPPLIES INC Repair&Maint.Supplies Utility Operations-General 235248 156 AIM ELECTRONICS Hardware Maintenance IT Operating 235267 155 CONSTRUCTION MATERIALS INC Small Tools Street Maintenance 235410 155 DODGE OF BURNSVILLE Equipment Repair&Maint Fleet Operating 1008970 155 RUZEK,CHRISTINE Mileage&Parking Organizational Services 235346 154 COMCAST Cable TV Fire 1009122 154 SHAMROCK GROUP,INC-ACE ICE Liquor Product Received Den Road Liquor Store 235265 152 CINTAS CORPORATION #470 Cleaning Supplies Utility Operations-General 235347 152 COMCAST Cable TV Fire 235348 152 COMCAST Cable TV Fire 235359 150 IAFCI Dues&Subscriptions Police Check# Amount Supplier/Explanation Account Description Business Unit explanations 235599 150 MSSA Prepaid Expenses General Fund 235434 150 LANO EQUIPMENT INC Equipment Parts Fleet Operating 1008965 150 KARST,JOAN E Clothing&Uniforms Facilities Staff 235166 149 EARL F ANDERSEN INC Signs Traffic Signs 1009121 148 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 235427 147 INDEED BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store 235390 146 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Den Road Liquor Store 1009048 146 MINNESOTA CLAY CO.USA Equipment Repair&Maint Arts Center 235223 145 PRAIRIE RESTORATIONS INC Other Contracted Services Storm Drainage 1009054 144 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 235305 143 MINNESOTA WANNER COMPANY Equipment Parts Snow&Ice Control 1009114 142 EXTREME BEVERAGE Liquor Product Received Prairie View Liquor Store 5202 140 OPTUM HEALTH Other Contracted Services Health and Benefits 1008980 140 VANDENBERGHE,MARK Travel Expense Fire 235463 139 WHEELER LUMBER LLC Operating Supplies Traffic Signs 235307 138 OLSEN COMPANIES Repair&Maint.Supplies Sewer System Maintenance 1009038 138 DANHAUSER,LINDSEY Mileage&Parking Arts 1008968 138 PARK SUPPLY OF AMERICA INC Supplies-Plumbing Fitness/Conference-Cmty Ctr 235183 136 KEEPERS Clothing&Uniforms Police 235159 136 CINTAS CORPORATION #470 Cleaning Supplies Utility Operations-General 235547 136 CINTAS CORPORATION #470 Cleaning Supplies Utility Operations-General 235585 135 JUSTIFIED HOME CONSTRUCTION IN Fire Prevention Supplies Fire 1009117 133 LANZI,BOB Mileage&Parking Ice Rink#1 235274 132 EDEN PRAIRIE NEWS Dues&Subscriptions Police 1009059 132 2ND WIND EXERCISE Supplies-General Bldg Police City Center 235294 129 KEEPERS Clothing&Uniforms Fire 1009042 129 FASTENAL COMPANY Equipment Parts Street Maintenance 235405 129 COMMUNITY HEALTH CHARITIES OF MINNESOTA United Way Withheld General Fund 235406 129 COMMUNITY HEALTH CHARITIES OF MINNESOTA United Way Withheld General Fund 1009141 126 FILTRATION SYSTEMS Supplies-HVAC Fitness/Conference-Cmty Ctr 1008982 124 WILSON,JOHN D. Operating Supplies Police 1008959 124 FASTENAL COMPANY Repair&Maint.Supplies Storm Drainage 1009142 123 GRAINGER Cleaning Supplies Utility Operations-General 1009116 123 HACH COMPANY Laboratory Chemicals Water Treatment Plant 1009201 123 FEDEX Postage Escrow 235184 120 KODIAK CUSTOM LETTERING INC Clothing&Uniforms Community Center Admin 235621 120 SQUARE CUT Instructor Service Senior Center Programs 235478 120 CENTURYLINK Telephone Sewer Liftstation 1008977 119 STOCKWELL,WENDELL Dues&Subscriptions Inspections-Administration 1009041 119 FADDEN,TIMOTHY Licenses&Taxes Inspections-Administration 1009167 118 GROVES,TODD Travel Expense Police 1009170 118 KUFFEL,RYAN Travel Expense Police 1009171 118 LOWERY,THOMAS Travel Expense Police 1009136 116 CDW GOVERNMENT INC. Miscellaneous IT Operating 5207 116 VANCO SERVICES Miscellaneous Community Center Admin 235568 113 G&K SERVICES-MPLS INDUSTRIAL Other Contracted Services Park Maintenance 235165 112 E A SWEEN COMPANY Merchandise for Resale Concessions 235532 111 BECKER ARENA PRODUCTS INC Contract Svcs-Ice Rink Ice Arena Maintenance 235238 111 TRANSUNION RISK&ALTERNATIVE DATA Other Contracted Services Police 1009118 110 METROPOLITAN FORD Equipment Parts Fleet Operating 1009152 109 SPRINT Computers IT Operating 235311 108 PAPCO INC Janitor Service Fitness/Conference-Cmty Ctr 1008990 108 BOYER TRUCKS Equipment Parts Fleet Operating Check# Amount Supplier/Explanation Account Description Business Unit explanations 235220 107 PIRTEK PLYMOUTH Equipment Repair&Maint Sewer System Maintenance 235233 106 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 235300 105 MEADOW GREEN LAWNS INC Other Contracted Services Storm Drainage 1009091 105 POMP'S TIRE SERVICE INC Tires Fleet Operating 1009044 104 JOHN DEERE LANDSCAPES/LESCO Repair&Maint.Supplies Water Wells 235408 104 CUSHMAN MOTOR COMPANY INC. Equipment Parts Fleet Operating 235387 104 ABLE HOSE&RUBBER INC Repair&Maint.Supplies Water Treatment Plant 1008971 102 SCHRAM,JUSTIN Training Supplies Fire 5205 102 VANCO SERVICES Miscellaneous Community Center Admin 1008969 102 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 1009164 101 EXTREME BEVERAGE Liquor Product Received Prairie Village Liquor Store 1009180 100 STARK,BOB Operating Supplies Street Maintenance 1009013 100 PITNEY BOWES Postage Customer Service 5214 100 GENESIS EMPLOYEE BENEFITS,INC HRA Health and Benefits 235293 100 JOSEPH,HEATHER Deposits-P&R Refunds Community Center Admin 235469 100 ABERNATHY,WILLIAM Refunds Environmental Education 235474 100 BELL,THOMAS Refunds Environmental Education 235497 100 PIETZ,KRIS Refunds Environmental Education 235499 100 POST,CAROLYN Refunds Environmental Education 235507 100 TYMCHUCK,KATHERINE Refunds Environmental Education 235511 100 VOHNOUTKA,BOB Refunds Environmental Education 235512 100 WEINREIS,JANIS Refunds Environmental Education 235587 100 KNUTSON,ROBERT Refunds Environmental Education 235615 100 SMITH,RAYMOND Refunds Environmental Education 235631 100 WALLACE,ANDREA Refunds Environmental Education 1009182 100 VANDENBERGHE,MARK Conference/Training Public Safety Communications 1009055 99 SCHULZE,CARTER Mileage&Parking Engineering 1009031 99 ADAMS PEST CONTROL INC Contract Svcs-Pest Control Riley House 1009135 99 BOYER TRUCKS Equipment Parts Fleet Operating 235616 98 SONG,OSHIK AR Utility Water Enterprise Fund 1008962 98 HENDERSON,THOMAS Travel Expense Police 1008964 98 JOHNSTON,ROB Travel Expense Police 235164 98 DIRECTV Cable TV Community Center Admin 235561 98 DIRECTV Cable TV Community Center Admin 235403 96 CLEAN N PRESS MTKA Clothing&Uniforms Police 1009220 96 RIGID HITCH INCORPORATED Equipment Parts Fleet Operating 235414 95 ELECTRICAL INSTALLATION&MAINTENANCE Equipment Repair&Maint Water Treatment Plant 1009052 95 PRINTERS SERVICE INC Contract Svcs-Ice Rink Ice Arena Maintenance 235508 94 UNIFORMS UNLIMITED Clothing&Uniforms Police 235529 92 BANNIE,SHARON Deposits-P&R Refunds Community Center Admin 1009064 91 ASPEN EQUIPMENT CO. Operating Supplies Park Maintenance 1009110 90 CLAREY'S SAFETY EQUIPMENT Clothing&Uniforms Street Maintenance 235199 86 MINNEAPOLIS FINANCE DEPARTMENT Software Maintenance IT Operating 235589 86 LANO EQUIPMENT INC Equipment Parts Fleet Operating 1009120 85 MYERS,THERESA Tuition Reimbursement/School Fitness Classes 1009173 84 MPX GROUP,THE Printing Police 235146 82 AT&T MOBILITY Pager&Cell Phone Water System Maintenance 235439 80 OFFICE OF MN IT SERVICES Other Contracted Services Police 235566 80 FIRE SAFETY USA INC Repair&Maint.Supplies Fire 235168 79 ESBENSEN,GEORGE Mileage&Parking Fire 1008972 78 SCHWERM,JACKIE Mileage&Parking Human Resources 235372 78 SOUTHWEST SUBURBAN PUBLISHING-CLASSIFIED Legal Notices Publishing City Clerk 235370 78 SENIOR COMMUNITY SERVICES Other Contracted Services Senior Center Programs Check# Amount Supplier/Explanation Account Description Business Unit explanations 1009075 77 FERRELLGAS Equipment Parts Fleet Operating 235459 76 UNITED WAY United Way Withheld General Fund 235460 76 UNITED WAY United Way Withheld General Fund 235483 76 DRAKE,THOMAS AR Utility Water Enterprise Fund 235354 75 HAUER,HOWARD Other Contracted Services Rehab 235595 75 MINNEAPOLIS FINANCE DEPARTMENT Software Maintenance IT Operating 1008978 74 STOVRING,LESLIE Mileage&Parking Storm Drainage 1009047 73 METROPOLITAN FORD Equipment Parts Fleet Operating 1009034 71 BERRY COFFEE COMPANY Merchandise for Resale Concessions 235570 70 GERTENS Landscape Materials/Supp Community Center 235588 70 KUSKE,LARRY Refunds Environmental Education 1008975 70 SINON,CORY Tuition Reimbursement/School Police 1008966 69 MPX GROUP,THE Printing Police 235321 69 SNEEN,NICOLE D Other Contracted Services Softball 1009178 68 RUNNING,DEAN Mileage&Parking Ice Rink#1 1009197 68 CONCRETE CUTTING&CORING INC Equipment Repair&Maint Park Maintenance 235423 68 HENNEPIN COUNTY TREASURER Operating Supplies-Escrow Planning 235276 67 ELFTMANN,SYLVIA Accounts Receivable Community Center Admin 1009119 66 MINNESOTA CLAY CO.USA Operating Supplies Arts Center 235389 66 AGARWAL,GITU Deposits-P&R Refunds Community Center Admin 1009123 66 SHRED-IT USA MINNEAPOLIS Other Contracted Services Community Center Admin 1009140 66 FERRELLGAS Equipment Parts Fleet Operating 1009032 61 AJITAPRASAD,BEENA Mileage&Parking Community Center Admin 235505 60 STEVENS ENGINEERS Other Contracted Services Facilities Capital 235342 59 BARROW,JOHN AR Utility Water Enterprise Fund 235213 58 OLSEN COMPANIES Equipment Parts Water Treatment Plant 1009068 57 BOBBY&STEVE'S AUTO WORLD EDEN PRAIRIE Equipment Repair&Maint Police 1008955 57 CAMPBELL,CHRISTINA Operating Supplies Wine Club/Events 1009025 55 US HEALTH WORKS MEDICAL GRP MN,PC Employment Support Test Organizational Services 1009179 54 SHAMROCK GROUP,INC-ACE ICE Liquor Product Received Prairie View Liquor Store 235551 53 COMCAST Cable TV Fire 235435 52 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Customer Service 235364 50 MN DEPT.OF LABOR AND INDUSTRY Licenses&Taxes Water Treatment Plant 235475 50 BIEHL,JOHN Refunds Environmental Education 235521 50 AJ CONCEPTS Deposits-P&R Refunds Community Center Admin 235536 50 BIEHL,JOHN Refunds Environmental Education 235604 50 PAUNE,ANDREA Refunds Environmental Education 1009124 50 STONEBROOKE Equipment Parts Fleet Operating 235487 49 GRAHAM,BILL Refunds Environmental Education 235488 49 HED,DOUGLAS S Refunds Environmental Education 235510 49 VALLEY VIEW COOPERATIVE Refunds Environmental Education 235482 49 DIRECTV Other Contracted Services Police 235385 48 440400-NCPERS MINNESOTA PERA Health and Benefits 235386 48 440400-NCPERS MINNESOTA PERA Health and Benefits 235378 47 COMCAST Cable TV Fire 235169 45 FIRE SAFETY USA INC Clothing&Uniforms Fire 1009161 44 BATTERIES PLUS Supplies-Electrical Sewer Liftstation 235226 42 SCHWALBE STONEWORK INC Other Contracted Services Capital Maint.&Reinvestment 235217 42 PETSMART Canine Supplies Police 235623 42 STATE OF MINNESOTA Miscellaneous DWI Forfeiture 1009077 41 FRONTIER PRECISION INC Operating Supplies Engineering 235215 40 PATANKAR,CHIRAG Deposits-P&R Refunds Community Center Admin 1009057 39 TWIN CITY SEED CO Repair&Maint.Supplies Water Wells Check# Amount Supplier/Explanation Account Description Business Unit explanations 1008985 37 A TO Z RENTAL CENTER Landscape Materials/Supp Street Maintenance 235609 36 PRAHA DISTRIBUTING Liquor Product Received Prairie Village Liquor Store 235193 35 MCFOA Dues&Subscriptions City Clerk 1009203 35 FERRELLGAS Equipment Parts Fleet Operating 235558 35 CREW 2 INC Building Permits General Fund 1008963 35 JOHN DEERE LANDSCAPES/LESCO Operating Supplies Park Maintenance 1009219 33 QUICKSILVER EXPRESS COURIER Miscellaneous Heritage Preservation 235298 29 MATSON HOLDINGS INC Small Tools Fleet Operating 1009202 29 FEDEX KINKO'S OFFICE AND PRINT SERVICES Training Supplies Police 235549 27 COMCAST Wireless Subscription IT Operating 1009016 27 PRIORITY COURIER EXPERTS Equipment Parts Fleet Operating 235574 26 HD SUPPLY WATERWORKS LTD Small Tools Water System Maintenance 235582 26 JERRY'S ENTERPRISES INC Operating Supplies Senior Center Programs 1009115 26 FASTENAL COMPANY Operating Supplies Traffic Signs 235225 26 ROBINSON,TERESE Deposits-P&R Refunds Community Center Admin 1009060 25 A TO Z RENTAL CENTER Equipment Repair&Maint Storm Drainage 235176 25 HENNEPIN COUNTY TREASURER Operating Supplies-Escrow Planning 235273 25 EDEN PRAIRIE CHAMBER OF COMMERCE Miscellaneous Economic Development 235419 25 HAMLINE UNIVERSITY Operating Supplies Environmental Education 235472 25 APPRAISAL INSTITUTE Dues&Subscriptions Assessing 235331 24 UNIFORMS UNLIMITED Clothing&Uniforms Police 235341 23 AT&T MOBILITY Pager&Cell Phone Park Maintenance 235633 23 WEST,PAT Deposits-P&R Refunds Community Center Admin 235328 22 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 235175 22 HENNEPIN COUNTY TREASURER Licenses&Taxes Police 235489 22 HENNEPIN COUNTY TREASURER Postage Police 235548 21 COMCAST Other Contracted Services Police 235232 21 STATE OF MINNESOTA Miscellaneous DWI Forfeiture 235283 20 HEITKAMP,JOYCE Deposits Community Center Admin 235502 20 RAMSEY COUNTY Licenses&Taxes Police 235433 19 KOSTER,DON AR Utility Water Enterprise Fund 235377 19 COMCAST Cable TV Fire 235172 18 GUIDARINI,SYLVIA Deposits-P&R Refunds Community Center Admin 235180 18 IVERSON,MARGARET Deposits-P&R Refunds Community Center Admin 235449 17 RUPP,GAYLE Accounts Receivable Community Center Admin 235420 16 HASSAN,HAWOLUL Accounts Receivable Community Center Admin 235379 16 COMCAST Cable TV Fire 235432 15 JOHNSON,PAUL Deposits Community Center Admin 1009033 15 BATTERIES PLUS Repair&Maint.Supplies Sewer Liftstation 235602 15 OPHOVEN SAW SERVICE Equipment Repair&Maint Senior Center Programs 1009225 14 UPS Equipment Repair&Maint Public Safety Communications 235244 13 ZENG,LINA Deposits-P&R Refunds Community Center Admin 235567 10 FISERV INC Bank and Service Charges Water Accounting 235302 10 MINNESOTA DEPT OF LABOR AND INDUSTRY Licenses,Permits,Taxes Fire Station#4 235448 10 RUMFORD,JOAN Accounts Receivable Community Center Admin 235541 10 BRIARHILL APARTMENTS Deferred Revenue General Fund 1009007 10 MENARDS Landscape Materials/Supp Street Maintenance 235304 9 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Riley Creek Woods 1009024 9 UPS Postage Fire 1009156 7 UPS Deposits Human Resources 235150 7 BESSELIEVRE,ILEENE Deposits-P&R Refunds Community Center Admin 1009226 7 VAN PAPER COMPANY Cleaning Supplies Fitness/Conference-Cmty Ctr 235360 6 IND SCHOOL DIST 272 Operating Supplies General Fund Check# Amount Supplier/Explanation Account Description Business Unit explanations 235550 4 COMCAST Cable TV Fire 235479 2 COMCAST Other Contracted Services Police 5,395,175 Grand Total City of Eden Prairie Purchasing Card Payment Report September Purchases Amount Explanation Vendor Account Description Business Unit 18 US-trails MENARDS Operating Supplies Park Maintenance 21 US-trails MENARDS Operating Supplies Park Maintenance 203 US-grills MENARDS Landscape Materials/Supp Cummins Grill 28 US-fall festival MENARDS Operating Supplies Park Maintenance 14 US-vets memorial flag clips MENARDS Repair&Maint.Supplies Purgatory Creek Park 55 US-watering/hort MENARDS Operating Supplies Park Maintenance 28 US-hort MENARDS Small Tools Park Maintenance 71 US-hort clean up MENARDS Operating Supplies Park Maintenance 12 US-supplies OFFICEMAX CREDIT PLAN Operating Supplies Fleet Operating 60 US-cert training food EINSTEIN BROTHERS BAGELS Operating Supplies Emergency Preparedness 156 US-test tube ENVIRONICS USA Repair&Maint.Supplies Emergency Preparedness 138 US-R Berkbigler-CC disputing BODEN Deposits Escrow 5 US-charitable giving supplies WALGREEN'S#5080 Operating Supplies Internal Events 25 US-WILS membership PAYPAL INC Conference/Training Senior Center Admin 14 US-drivers safety class KOWALSKI'S MARKET Operating Supplies Senior Center Programs 11 US-charitable giving supplies WALMART COMMUNITY Operating Supplies Internal Events 6 US-napkins DOLLAR TREE STORES,INC. Operating Supplies Senior Center Admin 84 US-red hat faribault trip HISTORIC HUTCHINSON HOUSE Special Event Fees Red Hat 80 US-nctrc membership app NCTRC Dues&Subscriptions Senior Center Admin 99 US-fort Snelling trip MINNESOTA HISTORICAL SOCIETY Special Event Fees Trips 15 US-drivers safety class WALMART COMMUNITY Operating Supplies Senior Center Admin 2 US-bridge supplies MICHAELS-THE ARTS&CRAFTS S Operating Supplies Senior Center Programs 4 US-bridge tournament WALGREEN'S#5080 Operating Supplies Senior Center Programs 9 US-poke a pumpkin-nicole MENARDS Operating Supplies Park Maintenance 35 US-rope-outdoor ctr MENARDS Operating Supplies Outdoor Center 29 US-AWWA convention OLD CHICAGO Travel Expense Utility Operations-General 48 US-food AMAZING GRACE BAKERY Travel Expense Utility Operations-General 643 US-awwa conf HARTFORD NUT Travel Expense Utility Operations-General -80 US-conf refund PAYPAL INC Conference/Training Utility Operations-General 110 US-batteries MENARDS Repair&Maint.Supplies Utility Operations-General 21 US-duluth conf APPLEBEE'S RESTAURANTS NORTH Travel Expense Water Treatment Plant 17 US-duluth conf TEXAS ROADHOUSE Travel Expense Water Treatment Plant 544 US-duluth conf HOLIDAY INN Travel Expense Water Treatment Plant 75 US-supplies MENARDS Repair&Maint.Supplies Water Treatment Plant 27 US-RL splash pad MENARDS Operating Supplies Round Lake 125 US-fall conf MN SOCIETY OF ARBORICULTURE Dues&Subscriptions Tree Disease 829 US-plantings-historic KNECHT'S NURSERIES&LANDSCAPI Landscape Materials/Supp Cummins Grill 146 US-K Cox flowers-Harrison BACHMANS CREDIT DEPT Deposits Escrow 146 US-K cox flowers-maynard BACHMANS CREDIT DEPT Deposits Escrow 142 US-K cox flowers-lowe BACHMANS CREDIT DEPT Deposits Escrow 660 US-fire presentation-laskey EXPEDIA Travel Expense Fire 306 US-K cox VCOS conf DELTA AIR Travel Expense Fire 42 US-adopt a hydrant-open house MICHAELS-THE ARTS&CRAFTS S Operating Supplies Fire 12 US-labeling shelves MENARDS Operating Supplies Street Maintenance 14 US-supplies W W GRAINGER INC Operating Supplies Street Maintenance Amount Explanation Vendor Account Description Business Unit 26 US-café food CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 21 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 13 US-café supplies FRATTALONE CO Operating Supplies Concessions 18 US-café food TARGET Merchandise for Resale Concessions 121 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 49 US-license fee HENNEPIN COUNTY TREASURER Licenses,Permits,Taxes,Fees Concessions -732 US-refund US FOOD CULINARY EQUIPMENT&S Operating Supplies Concessions 133 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 166 US-sac state books OWP Training Supplies Water Treatment Plant 365 US-safety videos SAFETY VIDEO DIRECT Safety Supplies Water Treatment Plant 57 US-gym supplies SPORTS UNLIMITED Operating Supplies Gymnasium(CC) 39 US-conf supplies MY CABLE MART Capital Under$25,000 Conference Rooms 395 US-apwa conf-R Ellis UNIVERSITY OF MINNESOTA Conference/Training Engineering 395 US-apwa conf r rue UNIVERSITY OF MINNESOTA Conference/Training Engineering 45 US-staples fd funeral THE SPOT CAFE Operating Supplies Fire 28 US-staples fd funeral NEW FOUR SEAS BUFFET Operating Supplies Fire 31 US-staples fd funeral THE SPOT CAFE Operating Supplies Fire 23 US-staples fd funeral THE SPOT CAFE Operating Supplies Fire 8 US-vehicle cleaning supplies NAPA AUTO PARTS Operating Supplies Fire 93 US-staples fd funeral AMERICINN Operating Supplies Fire 9 US-staples fd funeral SUPERAMERICA Operating Supplies Fire 41 US-staples fd funeral BATTERY STORE INC,THE Operating Supplies Fire 107 US-fallen FF ceromony HILTON GARDEN INN Operating Supplies Fire 4 US-leg meeting STANDARD PARKING Operating Supplies Fire 20 US-corded phone AMAZON.COM Operating Supplies IT Telephone 74 US-toner cartridges AMAZON.COM Miscellaneous IT Operating 16 US-surge protector AMAZON.COM Miscellaneous IT Operating 16 US-microsoft lync MICROSOFT CORPORATE Software IT Operating 24 US-logitech mouse AMAZON.COM Miscellaneous IT Operating 140 US-ipad cases AMAZON.COM Miscellaneous IT Operating 29 US-coaxial amplifier AMAZON.COM Miscellaneous IT Operating 17 US-tv remote AMAZON.COM Miscellaneous IT Operating 7 US-silicon ipad case AMAZON.COM Miscellaneous IT Operating 36 US-usb car chargers AMAZON.COM Miscellaneous IT Operating 133 US-mtg rm keyboards/mice AMAZON.COM Miscellaneous IT Operating 21 US-facebook health posts IDEA HEALTH&FITNESS Dues&Subscriptions Communications 415 US-national league of cities DELTA AIR Travel Expense Administration 367 US-council food BUCA Miscellaneous City Council 10 US-railvolution parking MPLSPARKING.COM Mileage&Parking Administration 8 US-railvolution parking MPLSPARKING.COM Mileage&Parking Administration 48 US-Its name tags OFFICE DEPOT CREDIT PLAN Operating Supplies Ice Rink#1 111 US-supplies TARGET Operating Supplies Ice Rink#1 20 US-Its name tags OFFICE DEPOT CREDIT PLAN Operating Supplies Ice Rink#1 354 US-phone upgrade VERIZON WIRELESS Miscellaneous IT Operating 293 US-cables/video display MY CABLE MART Miscellaneous IT Operating 110 US-Breakfast-30 people PANERA BREAD Operating Supplies Police -19 US-return HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Park Maintenance 34 US-tools HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Park Maintenance 73 US-irrigation/tools HOME DEPOT CREDIT SERVICES Small Tools Park Maintenance Amount Explanation Vendor Account Description Business Unit 100 US-ir,:/winterizing MENARDS Operating Supplies Park Maintenance 22 US-in-single tree MENARDS Repair&Maint.Supplies Park Maintenance 206 US-vehicle/fire training HOTWIRE Travel Expense Fire 25 US-baggage fee DELTA AIR Conference/Training Fire 73 US-trng does B white NFPA Training Supplies Fire 21 US-fire trng course supplies STAPLES Conference/Training Fire 8 US-fire trng course supplies STAPLES Conference/Training Fire 61 US-fuel-rental vehicle ALAMO CAR RENTAL Travel Expense Fire 450 US-trng hotel COMFORT INN Conference/Training Fire 25 US-baggage fee DELTA AIR Conference/Training Fire 136 US-shop supplies MENARDS Operating Supplies Park Maintenance 45 US-license renewal DEPARTMENT OF LABOR&INDUSTRY Licenses,Permits,Taxes,Fees Utility Operations-General 8 US-railvolution meeting SUBWAY Miscellaneous Community Development Admin. 127 US-bosu equip BOSU Operating Supplies Fitness Classes 35 US-chargers AMAZON.COM Operating Supplies Aquatics Admin. 80 US-water equip AMAZON.COM Operating Supplies Pool Lessons 37 US-ear plugs AMAZON.COM Operating Supplies Fitness Center 80 US-shop tools MENARDS Operating Supplies Park Maintenance 13 US-rec meeting CUB FOODS EDEN PRAIRIE Miscellaneous Recreation Admin 26 US-supplies TARGET Operating Supplies Community Center Admin 9 US-supplies AMAZON.COM Operating Supplies Community Center Admin 175 US-J Schwerm dues ICMA RETIREMENT TRUST-457 Dues&Subscriptions Human Resources 349 US-c ruzek conf SHRM MN STATE CONFERENCE Conference/Training Human Resources 219 US-K hoogenakker dues AMERICAN PAYROLL ASSOCIATION Dues&Subscriptions Human Resources 13 US-leadership trng CARIBOU COFFEE Training Supplies Organizational Services 213 US-wellness challenge TAVI HEALTH Other Contracted Services Organizational Services 276 US-payroll specialist INDEED INC Employment Advertising Organizational Services 80 US-J Schwerm conf 25LIVE Conference/Training Human Resources 30 US-mentor program URBAN LAND INSTITUTE Dues&Subscriptions Planning 30 US-notary stamp CROWN MARKING INC Office Supplies Planning 120 US-notary MINNESOTA SECRETARY OF STATE Licenses,Permits,Taxes,Fees Planning 135 US-GAAP live streaming GOVERNMENT FINANCE OFFICERS AS Conference/Training Finance 7,387 US-Aug2014 bldg surchgs DEPT OF LABOR&INDUSTRY Building Surcharge General Fund 1,072 US-Aug2014 bldg surchgs DEPT OF LABOR&INDUSTRY Mechanical Surcharge General Fund 703 US-Aug2014 bldg surchgs DEPT OF LABOR&INDUSTRY Plumbing Surcharge General Fund -183 US-Aug2014 bldg surchgs DEPT OF LABOR&INDUSTRY Other Revenue General Fund 346 US-conf-s kotchevar ARROWWOOD RADISSON RESORT Travel Expense Finance 346 US-conf T wilson ARROWWOOD RADISSON RESORT Travel Expense Finance 174 US-gateway fees NCR SPECIALTY Bank and Service Charges Prairie Village Liquor Store 330 US-gateway fees NCR SPECIALTY Bank and Service Charges Den Road Liquor Store 201 US-gateway fees NCR SPECIALTY Bank and Service Charges Prairie View Liquor Store 828 US-subscription renewal NCR SPECIALTY Equipment Repair&Maint Prairie Village Liquor Store 828 US-subscription renewal NCR SPECIALTY Equipment Repair&Maint Den Road Liquor Store 828 US-subscription renewal NCR SPECIALTY Equipment Repair&Maint Prairie View Liquor Store 40 US-UB recurring PAYPAL INC Bank and Service Charges Utility Operations-General 20 US-epermit web security PAYPAL INC Equipment Repair&Maint IT Operating 81 US-UB online PAYPAL INC Bank and Service 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Operating Supplies Youth Programs Admin 47 US-fall harvest event TARGET Operating Supplies Fall Harvest 16 US-fall harvest event CUB FOODS EDEN PRAIRIE Operating Supplies Fall Harvest 346 US-fall harvest event MARSHALL FAMILY FARM MARKET Operating Supplies Fall Harvest 21 US-club 204 supplies TARGET Operating Supplies New Adaptive 104 US-club 204 supplies MICHAELS-THE ARTS&CRAFTS S Operating Supplies Fall Harvest 6 US-fall harvest event MARSHALL FAMILY FARM MARKET Operating Supplies Fall Harvest 480 US-supplies ID WHOLESALER Operating Supplies Community Center Admin 15 US-WILS meeting PAYPAL INC Tuition Reimbursement/School Aquatics Admin. 35 US-membership renewal SOCIETY FOR HUMAN RESOURCE MAN Tuition Reimbursement/School Aquatics Admin. 250 US-license fee SCW FITNESS Licenses,Permits,Taxes,Fees Fitness Classes 25 US-fee HENNEPIN COUNTY TREASURER Operating Supplies Wine Club/Events 367 US-fraud US BANK Deposits Escrow 32 US-machete MENARDS Small Tools Storm Drainage 8 US-grinding wheel MENARDS Equipment Parts Utility Operations-General 40,103 Report Total CITY COUNCIL AGENDA DATE: November 18, 2014 SECTION: Appointments DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIII.A. City Council Appointments to 2015 Board of Appeal and Equalization(BAE) Requested Action Move to: Appoint to the Board of Appeal and Equalization Lyndon Moquist,Annette O'Connor, and Todd L.Walker for the period of March 1,2015 through May 31,2015, or until the Board of Appeal and Equalization completes its work. Synopsis The proposed members for Council approval are experienced real estate professionals with extensive knowledge of the Southwest metro area. Lyndon Moquist of Edina Realty is involved in the sale of single family properties in the southwest metro. Annette O'Connor of Coldwell Banker Burnet Realty is involved in the sale of single family properties in the southwest metro area. Todd Walker of Coldwell Banker Burnet Realty is involved in the sale of single family properties in the southwest metro area. Background From 1992 through 2014,the City has appointed a special Board of Appeal and Equalization(also formerly named the Board of Review). The members are citizen volunteers that are active and knowledgeable,with extensive experience in the real estate market. The members are recruited by the City Manager and City Assessor and appointed annually with confirmation by the City Council. The City pays the members a per diem payment of$50 for all required training sessions and Board meetings. In 2003,the Minnesota legislature passed a law requiring members of Boards of Appeal and Equalization to attend a training session,developed by the Minnesota Department of Revenue, at least once every four years. The law also requires that the City document by December 1st of the year preceding the Board of Appeal and Equalization Meeting that at least one member of the Board has been trained within the last four years. The law also requires that a member of the Board of Appeal and Equalization that attended training must be in attendance at the meeting. As a practical matter we try to have all of the members trained by the Department of Revenue. Todd Walker attended training in 2012 and his training is valid to July 1,2015,Annette O'Connor and City Assessor Steve Sinell attended training in March,2013 and their training is valid to July 1,2016, and Lyndon Moquist attended training November, 2013 and his training is valid to July 1,2017. Recruiting New Members The City Manager and City Assessor need to recruit two additional members to fill out the Board. We will forward those names at a future council meeting. CITY COUNCIL AGENDA DATE: SECTION: Ordinances &Resolutions November 18, 2014 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XLA. Robert Ellis, Public Works Special Assessment Hearing to assess Director and Richard Rosow, project costs against 11157 Bluestem City Attorney Lane, Eden Prairie, Minnesota Requested Action Move to: Adopt the resolution approving a special assessment against 11157 Bluestem Lane. Synopsis The property located at 11157 Bluestem Lane, Eden Prairie ("Property") consists of a residence, an attached deck, and a timber retaining wall. The Property sits atop a slope overlooking Purgatory Creek. In 2012 in cooperation with the property owner, the City obtained a geotechnical report from Braun Intertec which identified causes for the slope failure and provided recommendations for slope stabilization. In 2013 the City obtained a second geotechnical report, this time from Wenck Engineering, which also identified causes for slope instability and provided slope stabilization recommendations. The Wenck report opined that the retaining wall and attached deck were now at risk of imminent failure. In cooperation with the property owner, the City retained engineering and construction services to implement slope stabilization and site restoration at the Property. The total cost of the project was $225,449.12. Background Information In April 2012, the City retained Braun Intertec to provide a geotechnical report to identify causes for the slope failure and provide recommendations for slope stabilization. The Braun report identified three factors that are the contributing causes. The property owners place much emphasis on the final sentence not identified by Braun in its lists of three factors that "are" contributing factors. The report stated: "Our analysis indicates several factors are contributing to the exiting instability and risk of continued instability. The identified factors, which are also interrelated are discussed below: • Geology. The natural occurring interface between the glacial outwash and till is a natural barrier for trapping groundwater. Furthermore, the sand-clay interface also appears to have a slight gradient towards the existing slope, where it intersects the slope between approximate elevations of 780 and 790. • Groundwater. The presence of groundwater within and at the surface of the slope is a key contributing favor to the instability. The ground water saturates and weakens surface soils, reduces resisting shear strength and increases driving stresses. Although annual and seasonal fluctuations are anticipated, groundwater appears to be present year round at the sand-clay interface and subsequently within the slope. • Topography and Site Conditions. The natural gradient of the existing slope is approximately 2:1 (horizontal to vertical) or slightly steeper. Unreinforced, engineered slopes are generally constructed at gradients flatter than 2:1 to reduce the risk of instability. Furthermore, without the present of the existing slope, and also the proximity of the residence to the slope, the site geology and groundwater conditions might not warrant concern. Scouring of the slope from the creek could also have contributed to slope instability by undercutting and removing support from soils higher up the slope. Based upon that comment, the Property owners allege that the liability of the slope failure should be borne by the City. In April 2013, following discussion with the Property owner regarding additional slope failure, the City retained Wenck Engineering to provide an updated geotechincal report regarding the slope failure. The Wenck report identified causes for slope instability and provided slope stabilization recommendations. The Wenck report stated: Based on my professional opinion, I believe the slope instability was caused by the following: 1. The natural slope angle than greater of 2:1 is conducive to slope erosion and instability. 2. The presence of groundwater within the slope saturates and wakens the soil, thus creating instability issues. 3. The collection of water from the roof drains will continue to saturate the slope and cause erosion, which then leads to slope instability. 4. The removal of the trees may have caused some slope instability as the roots from the large trees have a tendency to hold and reinforce the slope. 5. Slope failures are typically progressive in nature, and it appears there may have been multiple failures that continue to move towards the residence. This is consistent with the surface subsidence now being seen at the toe of the retaining wall. 6. There was no evidence of slope movement at the creek. In fact, no slope failure surfaces were identified until about 10-15 vertical feet above the water level. Therefore, I do not believe that scour or erosion contributed to the movement. In item 6, the Wenck report states there was no evidence of slope movement at the creek and that they do not believe that scour or erosion contributed to the movement. The Wenck report noted causes in addition to those cited by Braun including that the property roof drains swill continue to saturate the slop and cause erosion, which then leads to slope instability. In a report on Slope Stabilization Wenck stated the following interrelated factors are contributing to the existing instability and risk of continued instability: Wenck's previous work at the Property indicates that the following interrelated factors are contributing to the existing instability and risk of continued instability: • Soil Stratigraphy. The glacial outwash/glacial till interface is a natural barrier for trapping groundwater. Furthermore, this interface also appears to be tipping slightly towards the face of the slope, where it intersects the slope slightly above the vertical midpoint. • Groundwater. Continued groundwater seepage saturates and weakens surface soils, reduces resisting shear strength and increases driving stresses. Although annual and seasonal fluctuations are anticipated, groundwater appears to be present year round at the sand-clay interface and subsequently within the slope. This must be accounted for in the final design, to prevent future undermining of any corrective action that is limited in scope or areal extent. • Erosion. The existing scarp is unvegetated and is therefore prone to erosion from precipitation falling directly within this area and from run-on from adjacent drainage areas. As soils erode away,particularly in the downslope areas, the failure will continue to progress. • Natural Site Topography and proximity of bearing structures. The natural slope is approximately 2H: 1 V or slightly steeper. Unreinforced engineered slopes are generally constructed flatter to reduce the risk of instability and erosion. The induced loads from the time retaining wall and enclosed deck footing proximate to the crest of the slope add additional loading conditions that may exceed the natural slope's ability to support. The Wenck report stated that the attached deck and timber retaining wall located on the Property were at risk of imminent failure. The City retained Wenck Engineering and Sunram Construction to design, stabilize, and restore slope. Sunram's initial slope stabilization and site restoration cost was $95,285. After construction started, Sunram advised that additional rock and other materials were needed to complete the project based upon further slope erosion. Following Sumram's statement that additional materials were needed, on July 3, 2013, the City attorney's office advised the Property owner's attorney in writing that the construction cost would increase approximately$90,000 to $100,000. The Property owner's attorney requested all documentation regarding the project. The documents were provided on November 7, 2014. A previous request for documents was made in 2012 by the property owners attorney was made in 2012 and documents existing at that time were provided. The total cost for slope stabilization and site restoration was $149,294.50. The engineering costs for the project were $48,321.64. The City's normal fee for administering the project was applied and is $17,784.45. Interest charged on costs incurred to perform the project was $10,049.53. The total cost of the project is $225,449.12. The City Attorney offered, subject to council approval, to decrease the total assessment to $197,615.14 by eliminating the administrative fee and interest charges, lower the interest rate to 2.85% and extend the term to 20 years. The Property owner countered with an offer to pay $95,000.00 assessed over 20 years at 2.85%. The City Attorney responded that this offer was not acceptable. The City Manager, Public Works Director and City Attorney recommend assessing the Property in the original amount of$225,449.12 over 15 years at 4.85% interest. Project Cost Summary Phase I—slope stabilization- $128,384.50—Sunram Construction Phase II—Site restoration- $20,910.00—Sunram Construction Engineering costs - $48,321.64—Wenck Engineering Administration fee - $17,784.45 Interest- $10,049.53 Total Project Cost- $225,449.12 Attachments • Resolution • Braun Report dated March 7, 2012 (Exhibit E of David Zoll Letter) • Wenck Report dated April 30, 2012 • Wenck Stabilization Report dated May 2013 (Exhibit E of David Zoll Letter) • Wenck Construction Documentation Report dated July 2014 • Letter& Exhibits dated November 12, 2014, from David Zoll - Lockridge, Grindal Nauen, PLLP CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2014- WHEREAS, pursuant to proper notice duly given as required by law, the council has met and heard and passed upon all objections to the proposed assessment for the following improvements to wit: (See Exhibit A attached) NOW, THEREFORE,BE IT RESOLVED by the City Council of Eden Prairie: 1. Such proposed assessments are hereby accepted and shall constitute the special assessment against the lands in the final assessment rolls, and each tract of land therein included is hereby found to be benefited by the improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of years as shown on Exhibit A. Installments shall bear interest at the rates shown on Exhibit A, except no interest shall be charged if the entire assessment is paid within 30 days of the adoption of this resolution. To the first installment shall be added interest on the entire assessment from November 1, 2014 until December 31, 2015. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. The Clerk shall forthwith transmit a certified duplicate of this assessment to the county Auditor to be extended on the property tax lists of the County, and such assessments shall be collected and paid over in the same manner as other municipal taxes beginning in 2015. 4. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the city treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and he/she may, at any time thereafter, pay to the city treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. 5. It is hereby declared to be the intention of the Council to reimburse itself in the future for the portion of the cost of this improvement paid for from municipal funds by levying additional assessments, on notice and hearings as provided for the assessments being made, upon any properties abutting on the improvements but not herein assessed for the improvement when changed conditions relating to such properties make such assessment feasible. ADOPTED by the Eden Prairie City Council on the 18th day of November, 2014. Nancy Tyra-Lukens, Mayor ATTEST: SEAL Kathleen Porta, City Clerk EXHIBIT A 2. I.C. 11-5803 Bluestem Lane Slope Stabilization Project Cost: $225,449.12 City Share: $0.00 Net Assessment: $225,449.12 Parcel PID# Property Owner Years/ % Amount 26-116-22-44-0030 Gallagher 15 Years at 4.85% $225,449.12 Wenck Associates,Inc. 3310 Fiechtner Dr,Suite 110 Fargo,ND 50103 (701)297-9600 Fax(701)297-9601 Engineers • Scientists E-mail:wenckmp@wenek.com April 30, 2012 Mr. Richard F. Rosow Gregerson, Rosow, Johnson and Nilan, LTD. 650 Third Avenue South, Suite 1600 Minneapolis, MN 55402 Re: Gallagher Property • ,11157 Bluestem Lane P ' Eden Prairie, MN Wenck File#0232-09 Dear Mr. Rosow: As requested Wr nek Associates,Inc.(Wenck) has completed a site evaluation of a slope behind a residence located at 11157 Bluestein Lane in Eden Prairie,Minnesota. The site evaluation consisted of a review of a Geotechnical Evaluation Report completed by Braun Intertec Corporation (dated March 7,2012), and a,site inspection conducted on Thursday afternoon,April 26, 2012. The results of our findings are discussed below. The report review and site inspection was conducted by Mr. Rodney Ambrosie,who has extensive experience in slope evaluations. The Braun report provided an excellent description of the issue, summarized the site conditions and gave three alternatives to stabilize the slope. The site inspection was conducted by Mr. Rodney Ambrosie on April 26, 2012, at 3:00 P.M. in the afternoon. Mr.Ambrosie was accompanied by Mr.Richard Ellis, Public Works Director from Eden Prairie. Mr. Ambrosie and Mr. Ellis completed a site inspection that consisted of traversing up and down the slope all the way down to the creek. Based on the site inspection a number of observations were made: • The exposed slope is poorly vegetated, bare in some spots, and exhibits erosion and some slope instability features, mainly on the upper portions of the slope. • Water from roof drains is collected and routed to a swale that is located adjacent to the area of instability. U:\Technical\0232\Ltl RR Re Gallagher Property_04302012Rev 1 doe- Mr. Richard F.Rosow Rosow, Johnson and Nilen, LTD. May 11, 2012 Page 2 • Groundwater is seeping from the uppermost face of the slope where the original failure slump was located. • Limited vegetation(grasses) appears to be growing on the lower portions of the slope. • It appears that multiple trees have previously been cut on the slope. • A careful examination was conducted at the creek. There was no evidence of slope instability at the creek. • There were areas of subsidence or movement at the bottom of the retaining wall, that was evidence of movement. Based on the above of the observations, it is my opinion that the slope continues to erode and move. In addition,the continued erosion of the sand and silt soils occurs from the water draining from the face of the exposed slope,rain water, and the water from the roof drainages that is directed to the swale. Based on my professional opinion, I believe the slope instability was caused by the following: 1. The natural slope angle than greater of 2:1 is conducive to slope erosion and instability. 2. The presence of groundwater within the slope saturates and weakens the soil,thus creating instability issues. 3. The collection of water from the roof drains will continue to saturate the slope and cause erosion,which then leads to slope instability. 4. The removal of the trees may have caused some slope instability as the roots from the large trees have a tendency to hold and reinforce the slope. 5. Slope failures are typically progressive in nature, and it appears there may have been multiple failures that continue to move towards the residence. This is consistent with the surface subsidence now being seen at the toe of the retaining • wall. 6. There was no evidence of slope movement at the creek. In fact,no slope failure surfaces were identified until about 10-15 vertical feet above the water level. Therefore, I do not believe that scour or erosion contributed to the movement. U:\Techafealb232\LII RR Re Gallagher Propttty_04302012Rev I.doc Mr.Richard F. Rosow Rosow, Johnson and Nilen,LTD. May 11, 2012 Page 3 7. I am in agreement with the proposed recommendations presented by Braun for reconstruction and repair of the slope. If you have any questions,please call Mr.Rodney Ambrosie at 612-889-0764. Sincerely, WENCK ASSOCIATES,INC. Rodney Ambrosie, P.E. Executive Vice President Geotechnical Engineer Enclosures U:\TeclwcaP0232\I.l1 RR Re dellegher Property 04302012Rev I.doe ,I'r " ,.. f r }•_ - ' ?' te ,'' ,• ,` rp .i' rY�.4 �{a '•ll'-iI• h. `4 If.41:11i $, . 1:. .I.,:•4.. i . 1 ,. e' ;•, r..,,,,;64, 4/,'..'1$••?`'. eioit. ,f .. ly I t•-. • i Failure scarp looking up slope towards residence. • • 4• ly. + .. ... 1 - -. _ - I y�,i 4 I 't. + rp n: :- J -t !1 I _ 1 % �— -k.)-►• - , am• .�� _ -+ i yam_,. • 1., •_.A 4..E '-' 1'. •....k' 1+•7 Failure zone, sandy silty soils and downed trees. �-- Wenck File #0094-35-2 e n July 2014 Engineers • Scientists s Business Professionals • r Advice I i hence Construction Documentation Report Slope Stabilization Project 11157 Blue Stem Lane Prepared for: CITY OF EDEN PRAIRIE 8080 Mitchell Road Eden Prairie, MN 55344 Prepared by: WENCK ASSOCIATES, INC. 1800 Pioneer Creek Center P.O. Box 249 Maple Plain, Minnesota 55359-0249 (763) 479-4200 1-800.472-2232 Corporate Headquarters:1800 Pioneer Creek Center,PO Box 249,Maple Plain,MN 55359 www.wenck-com Maple Plain,MN Woodbury,MN Windom,MN Roswell,GA Fargo,ND Mandan,ND Minot,ND Cheyenne,WY Buffalo,WY 763-479-4200 651-294-4580 507-831-2703 678-987-5840 701-297-9600 701-751-3370 701-858-9999 307-634-7848 307-684-7953 _ Table of Contents 1.0 SUMMARY 1-1 1.1 Background Information 1-1 2.0 PHASE I CONSTRUCTION 2-1 2.1 Introduction 2-1 2.2 Site Preparation 2-1 2.3 Riprap Installation Z-2 2.4 Abandoned Structures 2-4 2.5 Soil Anchor Installation 2-4 3.0 PHASE II CONSTRUCTION 3-1 3.1 Summer Revegetation 3-1 3.2 Fall Revegetation 3-2 3.3 Site Restoration 3-4 3.4 2014 Work 3-5 4.0 CERTIFICATION 4-1 FIGURES Figure 1 Site Map APPENDICES Appendix A Atlas Calibration Sheet and Calculated Anchor Capacities ENCLOSURE CD of Project Photos - - i July, 2014 T:\0094 Eden Prairie\35 11157 Bluestem Lane\Construction Oversight\Documentation Report\Report Text.docx --j_ Wencl< 1.0 Summary 1.1 BACKGROUND INFORMATION A slope failure was located in the back yard of a residence located at 11157 Blue Stem Lane, in Eden Prairie, Minnesota (the "Property"). The Property consists of a residence,an enclosed deck, and a timber retaining wall. The slope failure was approximately 70 feet vertically and extended to City of Eden Prairie(the "City") owned property,which is downslope of the Property,and ultimately terminated near an outside bend in Purgatory Creek(the "Creek"). At its widest,the slope failure was approximately 30 feet wide as shown on Figure 1. In the early spring of 2012,the slope failure was within approximately 20 feet(horizontally)of the timber retaining wall,or approximately 40 feet south of the residence, and extended down to the Creek. In March, 2012, Braun Intertec prepared a geotechnical evaluation report for the City,as there was concern that the slope failure had progressed to the point where it posed a risk of instability to the Property. In April, 2013,the City retained Wenck Associates to re-evaluate the slope failure and assess the risk of imminent failure, as evidence had shown that the instability of the slope had worsened since the spring of 2012. The City provided Wenck with the 2012 Braun report and Wenck used that report as background for the evaluation. Wenck visited the Property and performed a topographic survey of the failure area. This data,along with the geologic data in the Braun Report,were used to re-evaluate the stability of the slope at its current state. The results of the evaluation showed that the site conditions warranted immediate remedial action. Several remedial options were evaluated and a final configuration was recommended that included minor slope reshaping, riprap installation in the slide area,soil anchor support for the retaining wall, and re- vegetation. The results of the evaluation were reported to the City on May 7, 2013 in a report titled "Geotechnical Evaluation—Slope Stabilization, 11157 Blue Stem Lane". As a result of the evaluation,the City retained Wenck to provide construction plans and specifications and construction oversight for the proposed remedial construction. The project was issued for public bid and the contract was awarded to Sunram Construction, Inc. This report documents the construction activities at the site. 1-1 July, 2014 T:\0094 Eden Prairie\35 11157 Bluestem Lane\Construction Oversight\Documentation Report\Report Text.docx Wenck 2.0 Phase I Construction 2.1 INTRODUCTION The project was divided into two phases. Phase 1 involved site preparation,grading,geotextile and riprap installation,and soil anchor installation. Phase 2 included site restoration and re-vegetation. 2.2 SITE PREPARATION Site preparation began on June 27, 2013. Trees and underbrush were removed and an access trail was created to allow equipment and material delivery. A rock delivery site was created at the top of the slope along the property line between the Property and the neighboring house. Once at trail had been established,geotextile and Class Ill riprap were delivered to the site. Rock trucks dumped rock at the dump site at the top of the slope and skid loaders were used to transport the rock to the bottom of the slope along the cleared trail. 1. k'ir w • fi r,; f' 1 r r.: IIV ' f�w _ I Access Trail Location Prior to Site Preparation Access Trail and Rock Delivery Site Developed 2-1 July,2014 T:\0094 Eden Prairie\3511157 Bluestem Lane\Construction Oversight\Documentation Report\Report Text.docx - Wencl< 2.3 RIPRAP INSTALLATION To begin material installation, a rock ledge was constructed across the bottom of the slope that was wide enough to allow equipment to drive on. Rock was initially placed as proposed in the plans and specifications with rock contoured to the shape of the slope to avoid excessive thickness. As equipment began to drive out on the installed rock,the soft ground beneath the rock failed and the equipment and rock began to slide downslope. In addition, as brush and vegetation were removed from the slope face, several seeps were encountered near the interface of the upper sand outwash soils and the glacial till material below. As the area below the seeps was cleared it was discovered that the failure area was nearly twice as wide as what had been observed during the initial site visit. It became clear that the rock would not support equipment traffic when installed as proposed and that the failure area had become much larger than when initially investigated. i` _ S. ti +I .ti> �•�.h� - y 444, 4I(/.i . .r. - A V_ 4 i r: � � -. St.c,__ . �4 �W.• is a a e404E t 4:- -; _ USX 1 {,1:41 *0 • \w 4.- ' ?s .+'_ a .y- _ rr . .,r. TES r .fie ;i; ,-1,• t 11, r. Excavator On Unstable Initial Riprap 2-2 July, 2014 T:\0094 Eden Prairie\35 11157 Bluestem Lane\Construction Oversight\Documentation Report\Report Text.decn :441Wenck A site meeting was held with Wenck and Sunram Construction representatives to discuss equipment access and the increased size of the failure area. Several options including thickened rock terraces and sheet pile were discussed to allow equipment access.The cost implications of each option were weighed with regard to the increased size if the failed area and site accessibility. It was determined that thickened rock terraces were the most cost effective alternative. The issues and options were discussed with the City who approved the thickened rock terraces and the expanded project area. Rock was placed in three thickened terraces across the slope. The first terrace was placed at the bottom of the slope. The lighter skid loader equipment was able to drive out onto the thickened terrace as it was constructed, allowing construction all the way across the approximately 50 foot wide failure area. r -- tl ., . l: . 1 >4 = y`. - - :r its;. -.-R'-41 ip • ' 4 '4 -,-m L/4 1 Y Mil ... Skid Loader Installing Bottom Thickened Riprap Terrace As the thickened terraces were placed,the weight of the thickened rock caused the terraces to sink into the soft subsoil until they reached equilibrium and became stable. The larger excavator was able to drive out on the stabilized terraces without issue. The terraces served as buttresses to support the rock placed on the slope above. This method worked well and rock installation continued until the top terrace was reached, approximately three quarters of the way up the slope. 2-3 July, 2014 T:\0094 Eden Prairie\3511157 Bluestem Lane\Construction Oversight\Documentation Report\Report Text.docx IWencl< 2.4 ABANDONED STRUCTURES As rock installation progressed,the rock delivery area became increasingly dug out as the skid loaders took a small quantity of soil with each bucket load of rock. During one round, a skid loader noticed a small hole had opened up in the ground in the rock loading area. Upon further investigation the hole was discovered to be an underground manhole structure. The City was notified and conducted a site visit with a licensed well driller. It was determined that the structure was an abandoned sewage basin likely used by a horse barn facility that had occupied the site prior to residential development. Upon this verification,the City authorized Sunram Construction to fill the structure in with sand. While filling this structure,two more structures were found. These structures were also determined to be abandoned sewage structures and were filled by Sunram Construction. 2.5 SOIL ANCHOR INSTALLATION Atlas Foundation Company(Atlas) mobilized to the site on July 17, 2013 and began soil anchor installation. The anchors consisted of 20 foot long helical soil screws placed 5 feet on center. The anchors were installed using a mini excavator with a hydraulically driven torque head to screw the anchors into the slope at an angle approximately 20 degrees from horizontal, as specified. 4-.S.F., -'• .. irf,... ;J 1, ;0xr- -Y s e n! r y ll f •- t— '1 I 4 _ „. ... . ‘,1 4,,,,,.?„... .i. .,-._ , . ._ , . , . , , „....,_ . , ..... 'e _. {_.—, c::) -1/ :V441116A 1.:41..1. .... Atik.„ / , ...„.1 k f•.,,fy:— ;4..-„..;- .-, 1 '. - ir ,ii ..,,,,,:, ,j,t--r• - • , r f• ; � �a ern - Soil Anchor Installation Between the Top Rock Terrace and Bottom of the Retaining Wall 2-4 July, 2014 T:\0094 Eden Prairie\35 11157 Bluestem Lane\Construction Oversight\Documentation Report\Report Text.docx Wencl< it: l soy '- • r11✓r„ �'^ - 4.'t , ,•{I'ti '' ' . .r' 44 ,� �.' �`T 1- yS�cr 'Y, . -°`;-V` �;''ry4� I n.I t•• �;,,'•.4 4.. -1 ,,1:if . ;;'s .I'.N.-',;ih}_.r :iyr• 1:,t,7i3 7.' •i',%-.*L fly ..�a+• .r .e.' .i•.. - 'tr.�. 1� .'{:E• ��'!w� r ., . •�• -� ����' l�x�.S�"c•?7'� .'Y. •i-:a.��� 'i: .� ."V�/� *L e'' r Y _� _ \ • i i i,.r•a i r:- -r.r.- �. 5 2l' .S i .3 •-:-iy1 •r r1 }ir .. ^S YY i R 1 r Ir P ` .y 'f V, ,i ce- _ .. - .L "_. i • i- r ,, '• ,11 �S I. s , s. t. ,- . f, _ 1 1!.4, •,.r AP'• 7 je 14 . •ti_) , .' ?.,f �. ''' Z•- 1 • . its .,. 1 11 'T it 4 • ,• . X :i _ 1 rn �[;••r., L , • ., 1.L 'YI. .r. ,'� yam . 1. 4 �it�� :a�i' �ri � 'l 1' FYI >�'-r _ 1 1. ./" • f • '•-:V• ',- ' ,-.0. iv%,(:111:f lit ;It \ija`k• + t ►r .. 4tii „�h' t . .....- it; .' . - ,..,,t,.:•._'• .`"rt4.-' f• ''. q_ •:• , . , . Lit.\ Soil Anchor Installation Approximately 20 Degrees Above Horizontal Each row was lengthened, adding anchors as needed to cover the wider failure area. In all, 26 soil screw anchors were installed with working capacities ranging from 11.8 to 17.5 kips using a factor of safety(FS)of 2. This is well above the minimum design capacity of 8.4 kips per anchor. The Atlas calibration sheet and calculated anchor capacities are given in Appendix A. Following anchor installation, riprap placement was completed to the bottom of the existing retaining wall. This completed Phase I Construction at the site. 2-5 July, 2014 T:\0094 Eden Prairie\35 11157 Bluestem Lane\Construction Oversight\Documentation Report\Report Text.docx Wencl< 3.0 Phase II Construction 3.1 SUMMER REVEGETATION Phase II of the construction involved installation of vegetation and restoration of the site. Due to the expanded project area and the extent of riprap coverage, it was determined that the riprap would be too thick to support the growth of the proposed live stakes and compost with grass seed. In addition,the availability of viable live stakes and bushes would be limited until the fall planting season. A revised planting plan was developed with summer and fall planting events. The summer planting event involved the installation of seeded soil wedges and erosion mat on the rock terraces and the installation of seed and erosion mat on the access trails. The proposed installation of compost was eliminated because it was anticipated that it would dry out and wash down through the thick riprap. The home owner also favored the look of the riprap terraces and wanted them to remain visible. - atf'��' 'gyp-L�+:'"' •.►.. .r . i � �f. ice y.- , - 47•F _• - -- Soil Wedges Installed on the Rock Terraces — -- -- — 3-1 July, 2014 T:\0094 Eden Prairie\35 11157 Bluestem Lane\Construction Oversight\Documentation Report\Report Textdocx ;AadliWencl< • . _ ., Y 's f i I I 'I i s • .-„ fir. �-�`i• , �r �:i.µ.. .,.' ,i,:i4:-.-, r�. - Y3,.".',_ t_SY. y3_1 e:I Fr t�.0 � •: � ' '-�''�'n :fir. k o �,� Yt t 4.4' '` , 9+'.i4 Y. * -• . 11 1_•� :ar +.iP `r f'so ,.i _ Sf ,.kr q Z Imo_4,..e.0, } f V •Sti - _ .l... • 4, :4 iP• L4�a `. I t� , ri:i•, {,;' y t Z= rye F - - �'w�•!ys..Fr����.%i;sa� �' ��Jr:• .7 ,��y. jr r '4 i"3isdi ~ A-� —t — Iv ,II, , v• ttc II i... or i,ya I:, i:: ft,, .P',.atc- • „_.-xt . . . 41,1r,,,,_,itt . , , _.,-;,. , _ ._,. . ,,, , _ ., At • /NMI LOLA Vegetated Soil Wedges Fall 2013 3.2 FALL REVEGETATION Live stakes and plantings were installed in areas of thin or no riprap in November 2013.Varieties planted included: • Red Osier Dogwood bare root shrubs • Willow live stakes • Riverbank Grape Once established these plantings will provide stabilizing root mass on the slope. Wenck was present during installation and photographed several representative plantings as shown below. 3-2 July, 2014 T:\0094 Eden Prairie\35 11157 eluestem Lane\Construction Oversight\Documentation Report\Report Text.docx Wenck ‘,. •-3- • -"'l 1.'7.11.;'-'-4-i„,....,, r.•1 • ...., ,... tTre---. '40C47-- ..-7'.-•••• ••. '=-• . --'----1 . . /' :hig;*4----D ' . 4." 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IL. 3.3 SITE RESTORATION Site restoration involved repair of the sprinkler system, installation of sod disturbed by construction in the front yard of the residence,and replacement of the asphalt driveway and concrete curb. These repairs were substantially completed in August 2013. A picture of the restored construction access route is included below to illustrate the completion of these activities. Compare this photo with the first two photos of the report showing the area before construction and after access road installation. f 164tik. .tk..".,,,.tfitl-44 • • I • i M 4, • Restored Construction Access 3-4 July,2014 T:\0094 Eden Prairie\35 11157 Bluestem Lane\Construction Oversight\Documentation Report\Report Text.doa Wenck 3.4 2014 WORK In May, 2014 the site was re-visited to observe the establishment of the livestakes, plants and seeding. The plants and seeding all looked to be healthy, but delayed in growth due to the abnormally cold spring. The live stakes showed that greater than 1/3 of the stakes were showing no signs of growth,so Sunram installed another 35 live stakes in the area. In July, 2014 after a significant rainstorm, another site visit was made to see if the slope was adversely affected by the rain event. During that site visit,some small erosion was noted on the east side of the repair area and the homeowner requested some black dirt be delivered for their own use in making minor landscaping repairs. Sunram came back and hand placed some additional riprap in the erosion area, extended a drainage tubing outlet down to the lower bench and provided the black dirt as requested. All plantings appeared to be healthy during this site visit. 3-5 July, 2014 T:\0094 Eden Prairie\3511157 Bluestem Lane\Construction Oversight\Documentation Report\Report Text.docx Wencl< Figures 4.0 Certification Based on my professional judgment and information obtained through on-site observation of construction and field test results of the soil anchor installations,the Slope Stabilization Project at 11157 Bluestem Lane in Eden Prairie, MN is judged to have been performed in substantial accordance with the approved plans and specifications. d- -, Dave Parenteau, PE, Certifying Engineer Minnesota Registration No.41243 4-1 July, 2014 T:\0094 Eden Prairie\35 11157 Bluestem Lane\Construction Oversight\Documentation Report\Report Text.docx /Wencl< Appendix A Atlas Calibration Sheet and Calculated Anchor Capacities Atlas Foundation Company CIIAI10EM Since 1912 11730 Brockton Lane North•Osseo,Minnesota 55369 (763)428-2261 • Fax:(763)428-4754 Website:www.atlasfoundation.com Certified Helical Pier Installation Contractor 4,000 Torque Head w/ Kabota KX121-3 Motor#: 1159 m= 1.748720137 Calibrated By: Structural Anchor Supply b= -527.0904437 Date Calibrated: 5/15/2012 R= 0.983424843 Gage Measured Normalized Working Ultimate Pressure Torque Torque Load Capacity (psi) (ft-lbs) (ft-lbs) (kips) (kips) 900 1100 1000 5.0 10.0 1000 1200 6.0 12.0 1100 1700 1400 7.0 14.0 1200 1600 8.0 16.0 1300 1700 8.5 17.0 1400 1900 9.5 19.0 1500 1900 2100 10.5 21.0 _ 1600 2300 11.5 23.0 1700 2200 2400 12.0 24.0 1800 2600 13.0 26.0 1900 2700 2800 14.0 28.0 2000 3000 3000 15.0 30.0 2100 3100 15.5 31.0 2200 3200 3300 16.5 33.0 2300 3300 3500 17.5 35.0 2400 3800 3700 18.5 37.0 _ 2500 4050 3800 19.0 38.0 2600 4150 4000 20.0 40.0 2700 4200 21.0 42.0 2800 4400 22.0 44.0 *10 to 1 ratio for SS Helical Piers r •ew Anchor Installed Capacity Cal' 'Itions ' Bluestem Lane, Eden Prairie Max. gage pressure (psi) during installation Anchors Left to Right Row 1 2 3 4 5 6 7 4(top) Not Installed 1800 1800 1800 1900 2000 1900 3 Not Installed 1650 1750 1750 1750 2000 1900 2 1750 1750 1800 1900 1950 2000 1850 1 (bottom) 1750 1750 1750 1900 2150 2300 2100 Normalized Torque (ft-Ibs) according to ATLAS calibration information Anchors Left to Right Row 1 2 3 4 5 6 7 4(top) Not Installed 2600 2600 2600 2800 3000 2800 3 Not Installed 2350 2500 2500 2500 3000 2800 2 2500 2500 2600 2800 2900 3000 2700 1 (bottom) 2500 2500 2500 2800 3200 3500 3100 Working Load (kips) according to ATLAS calibration information Anchors Left to Right Row I 2 3 4 5 6 7 4(top) Not Installed 13.0 13.0 13.0 14.0 15.0 14.0 3 Not Installed 11.8 12.5 12.5 12.5 15.0 14.0 2 12.5 12.5 13.0 14.0 14.5 15.0 13.5 1 (bottom) 12.5 12.5 12.5 14.0 16.0 17.5 15.5 ft N r i I ' N V _c2 c vg wriihn --,,,, i t2 1,2 CD —N � O C UI III r lit ,� R a. fin} B 5 .g w o It - O U Ppp p }{�{ u B m m 11 a ,,,,, § Ig. ____ .., gym.. - .4 Mir ,,.. -47„ „L._ /4 ,. . . f412 i N E1 x C E 0 lir r • W CC CC w z 2 o aD W •t ' l U... vJ a�i 0 CD c.i `° U a r c O.g rn 1 / (0 0 t N T CO m A N Q E'' a O O N fl �� a m g ga o °' 3 m m v m 0) •5 ON T c E rn a a m 0 m p 1p -a A r a m a 'J ;g a v < 0 0 c ro � aa®®• i� d J• LOCKRIDGE MINNEAPOLIS WASHINGTON,D.C. GRINDAL Suite 2200 Suitezlo 100 Washington Avenue South 415 Second Street,N.E. NAUEN Minneapolis,MN 55401-2179 Washington,DC 20002-4900 T 612.339.6900 T 202.544.9840 P. L . L . P. F 612.339.0981 F 202.544.9850 Attorneys at Law www.Iocklaw.com David J.Zoll Direct:612-596-4028 djzoll@locklaw.com November 12, 2014 REPLY TO MINNEAPOLIS Eden Prairie City Council 8080 Mitchell Road Eden Prairie, MN 55344 Re: Proposed Special Assessment Against 11157 Bluestem Lane Dear Council Members: As you know, I represent Pat and Wendy Gallagher with respect to the proposed special assessment relating to the slope stabilization project completed behind their home. We appreciate the careful consideration the Council gave this matter at its October 21, 2014 meeting and would like to provide the following additional information as the Council prepares to address the matter on November 18, 2014. As we stated previously, the Gallaghers are prepared to pay their share of the engineering and construction costs relating to the project. However, because of the special circumstances surrounding this project —the cause of the slope failure, the location of the work performed, and the shared benefits of the project — it is neither fair nor equitable to require the Gallaghers to be solely responsible for the project costs. The Problem Originated on City-Owned Property At the October 21 meeting, Public Works Director Robert Ellis stated that erosion along the bank of Purgatory Creek was unrelated to the slope failure. In fact, Mr. Ellis stated there was no erosion of the creek bank near the Gallaghers' property. This is not correct. Purgatory Creek, while flowing generally west to east, flows almost directly north towards the Gallagher property before abruptly turning back to the east at the base of the slope. Water flowing in the creek, particularly after major rainfall events, eroded the creek bank at the point of this turn at the base of the slope. This is confirmed in the Affidavit of Thomas B. Heffelfinger, the Gallaghers' former neighbor, who observed the creek bank erosion over a period of ten years. Exhibit A. It also is consistent with the erosion occurring at similar bends up and down the creek including behind a neighbor's property three houses to the west of the Gallaghers where a large section of the City's path collapsed into the creek earlier this summer taking dozens of trees with it. Exhibits B (area of path collapse) and C (other areas with creek 487939.1 Eden Prairie City Council November 12, 2014 Page 2 bank erosion). The assertion that there was no erosion along the creek bank simply is not credible.' The reliance on the Braun Intertec report commissioned jointly by the City and the Gallaghers to support the assertion that the erosion is unrelated to the slope failure is similarly misplaced. To the extent the report says anything about the creek bank erosion, it suggests that the erosion may have contributed to the slope failure: "Scouring of the slope from the creek could also have contributed to slope instability by undercutting and removing support from soils higher up the slope." Exhibit E at 13. Even if the report were silent with respect to the erosion, that does not mean that the report can be interpreted as stating that the erosion did not contribute to the slope failure. The Braun Intertec report focused on identifying the immediate risk of additional slope failures and potential remedies; not on identifying the underlying or original causes of the problem. Exhibit E (transmittal letter for the report states "The purpose of our evaluation was to develop recommendations for reconstructing or stabilizing the existing unstable slope on the property."). Indeed, the Gallaghers' home stood above Purgatory Creek for over 100 years before the creek bank erosion triggered a cascading series of slope failures — beginning along the City- owned creek bank and advancing up the hill—which threatened the home. A Significant Portion of the Work was Performed on City-owned Property The project began with the placement of rock to stabilize the creek bank and the adjacent City-owned land which would support the reconstructed slope — essentially restoring the condition before the creek had undermined the soils supporting the hillside. Exhibits F (construction photo) and G (Wenck Report) at 4-2. This initially phase of the work was performed entirely on City-owned property. Exhibit G at Figure 1. It also is the phase of the project responsible for much the costs increases over the initial $95,000 bid as significantly more rock was required than initially expected to rebuild the creek bank and base of the slope. Exhibits H (email regarding need for additional riprap) and I (change order including$43,472 for increased riprap quantity). Completion of the project required the placement of additional rock to reconstruct the slope and the installation of large soil anchors and geotextile fabric to hold in place the face of the slope immediately below the Gallaghers' retaining wall. In total, the project engineering performed by Wenck Associates and the project construction performed by Sunram amounted to approximately $197,000. Exhibit J. ' The erosion and loss of trees at the base of the slope also is evident in aerial photos of the property from 2000, 2004, and 2009. Exhibit D. 487939.1 Eden Prairie City Council November 12, 2014 Page 3 These costs likely would have been far less if the City had taken action to correct the problem when the Gallaghers first alerted the City to the issue after a substantial portion of the slope on City-property fell away approximately ten years ago. In fact, there may not have been a problem at all if the City had acted at that time. However, the City declined to investigate potential solutions or take any action at that time and the project costs increased substantially. The Project Benefits Extend Beyond the Gallaghers. First, the project included substantial work to restore the creek bank and will prevent further erosion and damage to the City-owned property. Second, it will prevent future slope failures which, over time, could threaten neighboring properties. Finally, the project prevented the loss of a prominent century-old home — a loss which would have impacted not only the Gallaghers but also the neighborhood and the community as a whole. The work is complete and the Gallaghers continue to seek a collaborative resolution. The facts that the slope failure originated with erosion on City-owned property, that much of the project was performed on City-owned property, and That the City and neighboring property owners benefited from the project all suggest that the no more than one-half of the project costs should be assessed against property. We appreciate your careful consideration of this matter and respectfully request that the City approve a special assessment of no more than $95,000 for the project costs. Thank you. Very my yours, LOC D INDAL NAUEN P.L.L.P. vid J. Enclosures c: E. Patrick and Wendy Gallagher Ric Rosow 2 Mr. Ellis noted that, in 2012, the City had offered to fund the construction work through a special assessment. Then, as now, the Gallaghers believed that they should not be solely responsible for the costs of the project and expressed their ongoing desire to address the problem in a collaborative manner. 487939.1 TABLE OF EXHIBITS Exhibit A Affidavit of Thomas B. Heffelfinger Exhibit B Photographs of area where erosion along Purgatory Creek caused collapse of City trail. Exhibit C Photographs of areas of erosion along Purgatory Creek Exhibit D Aerial photographs of 11157 Bluestem Lane (2000, 2004, and 2009) Exhibit E Braun Intertec Geotechnical Evaluation Report(March 7, 2012) Exhibit F Photograph of beginning of construction project (June 28, 2013) Exhibit G Wenck Associates, Geotechnical Evaluation — Slope Stabilization 11157 Bluestem Lane (May 2013) Exhibit H E-mail regarding Bluestem Lane project(July 1, 2013) Exhibit I Change Order No. 1 (August 23, 2013) Exhibit J Spreadsheet of project costs AFFIDAVIT OF THOMAS B. HEFFELFINGER THOMAS B. HEFELFINGER, being first duly sworn on oath, deposes and states as follows: 1. I resided at 11145 Bluestem Lane from September 1992 to August 2012. 2. At least once every two years during this time, I would walk Purgatory Creek during low-water conditions to observe the condition of the slope and stream bank below my property and the property of each of my neighbors. 3. I observed that Purgatory Creek, which generally flows from west to east, flowed directly toward the base of the slope behind the neighboring home owned by Pat and Wendy Gallagher before making an abrupt turn to the right. 4. I observed significant erosion impacts at the point where the Creek made this abrupt turn to the right. 5. The erosion impacts were present at or near the water level of the creek and, based on my observations, the most significant erosion occurred after major rain events. 6. While residing at 11145 Bluestem Lane, I observed that portions of the slope behind the Gallaghers' home had failed. These failures began with the collapse of the slope and trees immediately adjacent to the Creek. 7. I observed the erosion along Purgatory Creek before the slope failures occurred. FURTHER YOUR AFFIANT SAYETH NOT. \ 7<x/0. A4 Thomas B. Heffelfing‘ __ .J Subscribed and sworn to before me, a Notary Public, thisVh day of November, 2014. ▪ � �',1 "0M JEANNE MARIE TROUP k IiiY .i NOTARY PUBLIC-MINNESOTA 5, / j 'U,i,. ,� My Com r.iss cn E.pues Jan.71,2015 ✓ r EXHIBIT A . • . .1. ' .1 1.1.. ; P 4.2.. •; :-'-',.:••••••••••-':- •••..•••••'••L'• •:••••••11 •••'•e: '.1.1.; .•...7119.• ..V. ,'.. I • • ...- Z-...C1.,...3i....,ve;v:,.La. -.4 - --. -.: -...-•: 4.--..x. - -,_-. 1 ._I..L. .•': -..•. a. •...L.... . •7 4, •• ' 1-- -.1-,,iiT•% , •.. „ ,•l• f ..r.•. ••_ia' f• V11 ... •11 ..• .er} • . " .. C, . v.?.--Y ...e. '‘'. ... 1 1 e•. - • ' - •-NI r• I - • . .. 11. k . . ••. Ir .. .•• ..L 1 .. kil:v •5••••- . '..AF. • •-•=.6.11 . 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' mow ��� "f � � ' � : -_. w'� ' _ EXHIBIT`"C-2_ �yw�' 4 /11 , . ,..._......_i__.,.......4...„.;4.1 . ,,..„4.:7!:1.11,,,',,..,':1"/ zii.IN.11/ "—.—.s. _ .,,,,...:1' , . • . it Ilki till ., • .10 - 0— -, . I, / .1,f i i } •.. '� - t T' + r �! R F s. L. ,, J V 1 —_ � 1100. .1 / • \ \ . , r 11157 Bluestem Lane N 2000 Aerial Photo + IN EDEN PRAIRIE 0 25 50 100 Feet City_000258 EXHIBIT D + .._ . ., 4 i1 .. ' ,. . ___ . ''LL . r I fi -/, ri. . - ry '4 �I , �r } I. , r Iff . I. If; 411,1.....p. I I.,_ _ . ... / •�., �� ,� Air . _ ,., 4 I . • a I. �i EMI /� - — idle 01 i t_.,iip, Il w 1i1. ' _.._ r. ♦ . . tt, ,..:ii`T ,•' � `• '�n • + r �` •ice �'I� \ ,..1. ,, ' , ",4 iii,dty--, •. , 4,.,141,,,i,.,*, 1 • I i 11157 Bluestem Lane N 2004 Aerial Photo + ff" EDEN PRAIRIE w1.Ndlo-eu+u a 25 50 100 Feet City_000257 51, -; fly 41/ . •� 3. : r- • 46 . . , ...,IV, 7 . r r ., w \ . �, S ,fir yhgr •• 4 • N. �1� 1 •' W 1• ' y� I If' fY'yflT r, r F'rY f .. . , • r 1 It•fi 1' I r. 5'. ,ti5 - - '''-f,54 'r ,�'yAr ' '4 `-•.. - `'I*.]• t + A'l y��-,7 Ie I.r r u00,1" • . •.'.' . - �.f./a, '. - 1 •' _' ~may • . _,1)q,' • r - / lir , LL r ` y. ., ,• .a.-. ,vim ti, r ;, e • . / °rr .. ••:_, . • P eh. .h , ! ' ` • l c fl' I.T Y1 tir „rC _l-'• _ • 400 114 - \ + o r ' • ,l rx r' i,l • , r I'.. 40 11157 Bluestem Lane N 2009 Aerial Photo EDEN PRAIRIE 0 25 50 100 .1.r..r1...1.14. per:— Feet City_000256 Geotechnical Evaluation Report Slope Stabilization 11157 Blue Stem Lane Eden Prairie, Minnesota Prepared far City of Eden Prairie Professional Certification: I hereby certify that this plan, specification,or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Eniieer under the laws of the State of Minnesok40,43 .i: ►t, ,r'r+f� •••4*1.2 n•' ' " -149""(z-L � e• e � LICENSED ▪ PR❑FE'SIONAL,: Joshua J.Van Abel, PE ▪ = ENGINEER •N• 45108 ' �= Associate Principal/Senior Engineer %.7.5,1. , License Number: 45108 4p March 7,2012 Project BL-10-00054A Braun Intertec Corporation EXHIBIT E B R A U N Braun Intertec Corporation Phone:952.995.2000 INTERTEC noom Hampshire Ave S Fax: 952.995.2o2o Minneapolis,MN 55438 Web:braunintertec.com March 7, 2012 Project BL-10-00054A Mr. Rod Rue, PE City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Re: Geotechnical Evaluation Slope Stabilization 11157 Blue Stem Lane Eden Prairie, Minnesota Dear Mr. Rue: We have completed our geotechnical evaluation of the existing slope located on the property at 11157 Blue Stem Lane in Eden Prairie, Minnesota. The purpose of our evaluation was to develop recommendations for reconstructing or stabilizing the existing unstable slope on the property. Please see the attached report fora detailed discussion on the field exploration results and our recommendations. The report should be read in its entirety. We appreciate the opportunity to be of service to you on this project. If you have any questions regarding this report, please contact Josh Van Abel at 952.995.2310 or Chuck Hubbard at 651.487.7060. Sincerely, BRAUN INTERTEC CORPORATION CiF1/4-e -- LJ Joshua J.Van Abel, PE Associate Principal/Senior Engineer /67 Charles D. H bard, PE, PG Principal Engineer/Geologist c: Robert Ellis, PE, City of Eden Prairie GeoRpt-Gallagher Residence 1/[,r}E Providing engineering and environmental solutions since 1957 Table of Contents Description Page A. Introduction 1 A.1. Project Description 1 A.2. Goals 1 A.3. Background Information and Reference Documents 2 A.4. Scope of Services 2 A.4.a. Review of Existing Information 2 A.4.b. Soil borings 2 A.4.c. Utility Clearance and Staking of Borings 3 A.4.d. Laboratory Testing 3 A.4.e. Slope Stability Analyses 3 A.4.e.1. Analytical Tools 3 A.4.e.2. Analytical Procedures 3 A.4.f. Reporting 4 B. Results 4 B.1. Site Conditions 4 B.1.a. General Site Conditions 4 B.1.b. Current Failure Characteristics 5 B.2. Exploration Logs 5 B.2.a. Log of Boring Sheets 5 B.2.b. Geologic Origins 5 B.3. Fence Diagram 6 B.4. Geologic Profile 6 B.4.a. Geologic Materials 6 B.4.b. Topsoil and Slopewash 6 B.4.c. Pavement 6 B.4.d. Existing Fill 7 B.4.e. Glacial Soils 7 B.4.f. Penetration Resistances 7 B.4.g. Groundwater 8 B.S. Laboratory Test Results 9 B.6. Material Properties 9 B.7. Stability Analysis Results 9 B.7.a. Criteria 9 B.7.b. Analytical Results—Existing Features 10 B.7.c. Analytical Results—Reconstruction/Stabilization Options 10 B.7.d. Analytical Assumptions 11 C. Discussion of Analytical Results 12 C.1. Factors Contributing to Instability 12 Table of Contents (continued) Description Page C.2. Risk to Adjacent Property/Structures 13 C.3. Reconstruction Options 13 D. Recommendations 14 D.1. Stabilization Area 14 D.1.a. Limits 14 D.1.b. Slope Regrading 15 D.1.c. Erosion Protection 15 D.2. Soil Anchors 15 D.2.a. Anchor Parameters 15 D.2.b. Soil Parameters 16 D.3. Surface Reinforcement System 16 D.3.a. Limits 16 D.3.b. Materials 17 D.3.c. Surface Reinforcement Anchors 17 D.4. Slope Drainage 17 D.S. Construction Quality Control 18 D.5.a. Site Observations 18 D.5.b. Materials Testing 18 D.5.c. Cold Weather Precautions 18 E. Procedures 18 E.1. Penetration Test Borings 18 E.2. Continuous Push Borings 18 E.3. Hand Auger Borings 19 E.4. Material Classification and Testing 19 E.4.a. Visual and Manual Classification 19 E.4.b. Laboratory Testing 19 E.S. Groundwater Measurements 19 F. Qualifications 20 F.1. Variations in Subsurface Conditions 20 F.1.a. Material Strata 20 F.1.b. Groundwater Levels 20 F.2. Continuity of Professional Responsibility 20 F.2.a. Plan Review 20 F.2.b. Construction Observations and Testing 21 F.3. Use of Report 21 F.4. Standard of Care 21 BRAUN INTERTEC Table of Contents (continued) Description Page Appendix A Soil Boring Location Sketch Log of Boring Sheets ST-1 and GP-1 to GP-7 Log of Hand Auger Boring Sheets HA-1 to HA-5A Fence Diagram Descriptive Terminology Appendix B Figure 1. Global Stability Analysis: Existing Conditions- Existing Slope Figure 2. Global Stability Analysis: Existing Conditions-Yard/Deck Figure 3. Global Stability Analysis: Existing Conditions- Residence Figure 4. Global Stability Analysis: Reconstruction Option-Soil Anchors Figure 5. Global Stability Analysis: Reconstruction Option-Soil Solidification Figure 6. Global Stability Analysis: Reconstruction Option-Slope Reconstruction B Rau N INTERTEC A. Introduction A.1. Project Description This Geotechnical Evaluation Report addresses the existing slope failure located within and beyond a residence located at 11157 Blue Stem Lane in Eden Prairie, Minnesota. The existing slope,which is approximately 70 feet in height, extends from just south of the residence down to Purgatory Creek. We understand the lower portion of the slope, down to Purgatory Creek, is City property. The existing failure currently approaches to within approximately 20 feet(horizontally) south of an existing exterior timber retaining wall, or approximately 40 feet south of the existing residence, and extends down to the creek. The existing failure has progressed to the point where it poses a risk of instability to the private property and residence. To aid in our evaluation and in the future reconstruction or stabilization of the slope,the City of Eden Prairie has contracted Braun Intertec to perform this geotechnical evaluation. We had been previously contracted by the property owner of 11157 Blue Stem Lane, Mr. Pat Gallagher, to perform subsurface exploration and laboratory testing services and limited engineering analyses, in regards to the slope failure. The results of this previous geotechnical effort were also utilized for this evaluation. A.2. Goals The goals of this geotechnical evaluation were to provide: ■ Additional subsurface information to supplement our previous geotechnical evaluation. ■ Engineering opinions in regards to factors influencing the progression of the slope failure to this point in time. ■ Geotechnical recommendations for mitigating future instability. City of Eden Prairie Project BL-10-00054A March 7, 2012 Page 2 A.3. Background Information and Reference Documents To facilitate our evaluation,we were provided with, reviewed or utilized the following information or documents: ■ Previous Geotechnical Information. We previously performed one standard penetration test boring(denoted as ST-1), two continuous push borings (denoted as GP-1 and GP-2) and nine hand auger borings (denoted as HA-1 to HA-5A, including HA-3A, HA-3B, HA-4A and HA- 5A) on the project site. Other previous services included a site reconnaissance and engineering analyses. This work was performed for Mr. Pat Gallagher under Braun Intertec project number BL-10-00054. Results of the work are included in the appendices and were utilized for this evaluation. ■ Site Topography.The City also provided electronic topographic survey data of the project area. The provided topography is included on the Soil Boring Location Map included in Appendix A. ■ Surficial Geology Map.We reviewed the Surficial Geology Map for the St. Paul 30x60 Minute Quadrangle prepared by the University of Minnesota, Minnesota Geological Survey. The map is denoted as Miscellaneous Map Series, Map M-106, Surficial Geology,St. Paul Quadrangle, dated 2000. ■ Aerial Maps. We reviewed aerial photographs of the project area using Google Earth®. A.4. Scope of Services Our scope of services for this project was originally submitted as a Proposal for Additional Geotechnical Evaluation Services dated August 16, 2011,to the City of Eden Prairie. Tasks performed in accordance with our authorized scope of services are outlined in the following subsections. A.4.a. Review of Existing Information We reviewed the results of our previous subsurface information,site reconnaissance and engineering analyses performed for Mr. Gallagher, and utilized these for this evaluation. A.4.b. Soil borings To supplement our previous geotechnical information,we performed five additional continuous push probe borings within the project site and the adjacent City owned road (Blue Stem Lane). The push probe borings were extended to depths of 25 to 30 feet below grade. The push probe borings were BRAUN INTERTEC City of Eden Prairie Project BL-10-00054A March 7, 2012 Page 3 denoted as GP-3 to GP-7, in sequence with the previous push probe borings performed for the project, and were performed at the approximate locations shown on the Soil Boring Location Sketch included in the Appendix A. A.4.c. Utility Clearance and Staking of Borings Prior to field exploration, we coordinated the clearing of public utilities at the boring locations. The boring locations were selected in the field by a Braun Intertec Geotechnical Engineer and were staked by Braun Intertec personnel. Exploration locations and surface elevations were determined using GPS(Global Positioning System)technology that utilizes the Minnesota Department of Transportation's permanent GPS Virtual Reference Network(VRN). A.4.d. Laboratory Testing Laboratory testing was performed on select jar samples recovered from the borings to establish engineering properties to aid our stability and engineering analyses. The laboratory testing performed included moisture content and sieve analysis tests. A.4.e. Slope Stability Analyses A.4.e.1. Analytical Tools We used Slope/W,version 7.17, by Geo-Slope International,to perform our stability analyses of the slope. Slope/W computes associated factors of safety based on finite element or limit equilibrium methods. A.4.e.2. Analytical Procedures For this project,we first analyzed the current existing conditions with respect to the existing site features (remaining slope, retaining wall,yard and residence).The analyses were performed assuming steady- state effective stress conditions. We also analyzed various alternative slope reconstruction or stabilization options. The analyzed options are listed below. Details regarding each reconstruction or stabilization are provided in subsequent sections of the report. ■ Reinforcement of the upper portion of the failure through soil anchors. ■ Grout or chemical solidification of the soils within the upper portion of the failure. ■ Full slope reconstruction with traditional construction methods. BRAUN INTERTEC City of Eden Prairie Project BL-10-00054A March 7, 2012 Page 4 All of the proposed options were assumed to include surface reinforcement as well. Other remediation options considered, but ultimately not pursued, included a driven pile retention system, sheet piling, and a groundwater cutoff system. A.4.f. Reporting The sum of the geotechnical and project data, and our laboratory and analytical efforts was used to develop engineering opinions regarding slope stability, and to provide recommendations for slope reconstruction or stabilization. B. Results B.1. Site Conditions B.1.a. General Site Conditions The existing slope is approximately 70 feet tall (from the creek to the yard) and exhibits gradients as steep as approximately 2:1 (horizontal to vertical), excluding the exposed scarp faces in the failure area, which are steeper. A short timber retaining wall less than 4 feet in height is located at the top of the slope,which partially retains the adjacent yard. The homeowner's residence is located approximately 20 feet north of the retaining wall. The exception is a second floor enclosed deck,which extends as close as about 8 feet horizontally from the retaining wall. The yard between the retaining wall and residence is generally flat, but rises in elevation around the sides of the house towards the north. The lower level of the residence is a walk out to the south (toward the slope).The backyard area is near elevation 810 and the creek is near elevation 740. Although design information of the existing residence was not provided,we anticipate the existing structure and associated deck are supported on typical frost depth spread footing foundations. Outside of the failure area,the slope is moderately to well vegetated, including medium to large trees. A surface, and likely subsurface, drainage feature is present within the slope directly to the west of and entering into the failure area. The drainage feature, identified during the site reconnaissance, is an elongated swale and was noted as having surface soils that were saturated or wet. The estimated limits of the drainage swale are shown on the Soil Boring Location Sketch in Appendix A. BRAUN INTERTEC City of Eden Prairie Project BL-10-00054A March 7, 2012 Page 5 B.1.b. Current Failure Characteristics Details regarding the origin or location of the original slope failure are unknown. As of the summer/fall of 2011,the failure area (at its highest point) extends from the creek up to within approximately 20 feet of the existing timber retaining wall.The failure scrap varies in depth from approximately a few feet to greater than 8 feet at the top of the failure and is up to approximately 30 feet wide near the base. A rough outline of the failure area is depicted on the Soil Boring Location Sketch included in Appendix A. During multiple site visits,groundwater was observed weeping from the scarp face at multiple locations, including the head of the failure and the outlet of the drainage swale. B.2. Exploration Logs B.2.a. Log of Boring Sheets Log of Boring sheets for our standard penetration test (SPT), continuous push probe (GP) and hand auger (HA) borings are included in the Appendix A.The logs identify and describe the geologic materials that were penetrated,and present the results of penetration resistance tests (SPT only), laboratory tests performed on penetration test samples retrieved from them, and groundwater measurements. Strata boundaries were inferred from changes in the penetration test samples and the auger cuttings. Because sampling was not performed continuously,the strata boundary depths are only approximate. The boundary depths likely vary away from the boring locations, and the boundaries themselves may also occur as gradual rather than abrupt transitions. Geologic origins presented for each stratum on the Log of Boring sheets are based on the soil types and available common knowledge of the depositional history of the site. Because of the complex glacial and post-glacial depositional environments,geologic origins can be difficult to ascertain. A detailed investigation of the geologic history of the site was not performed. B.2.b. Geologic Origins Geologic origins assigned to the materials shown on the logs and referenced within this report were based on: (1) a review of the background information and reference documents cited above, (2) visual classification of the various geologic material samples retrieved during the course of our subsurface exploration, (3) penetration resistance tests (SPT boring), (4) laboratory test results,and (5) available common knowledge of the geologic processes and environments that have impacted the site and surrounding area in the past. BRAUN INTERTEC City of Eden Prairie Project BL-10-00054A March 7, 2012 Page 6 B.3. Fence Diagram A fence diagram of Borings GP-2 to GP-7 is also located in Appendix A. The fence diagram is a point-to-point diagram,depicting soil layers and observed groundwater conditions at the selected boring locations shown. Vertically the soil strata are shown to scale. However,the horizontal distances between the borings are not to scale. The fence diagrams should not be used for estimating purposes. B.4. Geologic Profile B.4.a. Geologic Materials Our review of the Minnesota Geological Survey Maps indicates the surface geology in the project area likely consists of glacial deposited sands associated with the Des Moines lobe glacial advance overlying clayey glacial till of the similar glacial period. Closer to the Minnesota River, alluvial deposited soils of the Richfield terrace may also be present overlying the glacial till. Within the Purgatory Creek Valley,fine- grained floodplain deposited soils are also likely present. Bedrock is anticipated to be 150 to 250 feet below grade in the project area. The general geologic profile encountered at the boring locations and observed within the slope and failure faces was similar to the published geology and consisted mainly of outwash sand overlying glacial till. Within the slope and failure area, a thin layer of slopewash was also encountered overlying the glacial soils. Previously placed fill was also present across the developed portion of the private property. The following subsections discuss the strata in greater detail. B.4.b. Topsoil and Slopewash Filled and natural topsoil was generally present across the yard and slope areas. The topsoil generally consisted of silty sand and ranged in depth from approximately 1/2 to 1 1/2 feet at the boring locations. Within areas of the slope and failure area, slopewash (soils deposited by gravity or water along the slope) was typically present below the topsoil (the topsoil itself likely originated from the slope). The slopewash generally consisted of poorly graded sand, poorly graded sand with silt, and silty sand,and ranged in depth from about 1/2 to 2 1/2 feet. B.4.c. Pavement The borings located along Blue Stem Lane encountered a pavement section consisting of approximately 6 inches of bituminous pavement over 6 inches of aggregate base. BRAUN INTERTEC City of Eden Prairie Project BL-10-00054A March 7, 2012 Page 7 B.4.d. Existing Fill Previously placed fill was encountered at the borings within the road and yard. The fill ranged in depth from approximately 4 to 8 feet across the yard and from about 8 to 9 feet within the road. The fill generally consisted of poorly graded sand with silt, and silty sand,with lesser amounts of clayey sand. The fill also contained variable amounts of gravel. At specific locations the fill also contained wood chips, roots and plastic fragments. B.4.e. Glacial Soils As mentioned,outwash and glacial till were encountered below the previously described near surface materials. The glacial outwash generally consisted of poorly graded sand and poorly graded sand with silt. At a few boring locations towards the north, layers of finer-grained silty sand,silt with sand,silt, lean clay with silt, and lean clay,were also encountered within the outwash. The underlying glacial till generally consisted of clayey sand and sandy lean clay. The boundary between the more permeable outwash and the less permeable glacial till ranged from approximately 4 to 28 feet below grade, between elevations in the range of 782 to 792 at the boring locations. The glacial soils generally only contained trace amounts of gravel, but have the potential to contain significant amounts of gravel, cobbles and boulders. B.4.f. Penetration Resistances The results of our penetration resistance testing from Boring ST-1 (SPT boring) are summarized below in Table 1. Comments are provided to qualify the significance of the results. Table 1. Penetration Resistance Data Range of Penetration Geologic Material Classification Resistances* Comments Existing Fill SM WH** Poorly compacted Locally very loose to Glacial Outwash SP,SP-SM 1 to 12 BPF medium dense,generally loose to medium dense Glacial Till SC 10 to 14 BPF Generally rather stiff to stiff *BPF—Blows per Foot. **WH—Weight of Hammer BRAUN INTERTEC City of Eden Prairie Project BL-10-00054A March 7, 2012 Page 8 B.4.g. Groundwater Groundwater observations at the boring locations during drilling operations, prior to backfilling, are provided in the table below. Please note,these observations are based on a limited observation period and should be considered approximate. Annual and seasonal fluctuations of groundwater levels should also be expected. Table 2.Approximate Observed Groundwater Levels at the Borings Surface Approximate Boring Observed Depth During Observed Elevation Boring Elevation Termination Elevation Drilling(feet) During Drilling ST-1 810.1 779 -GP-1 810.0 780 23 787 GP-2 808.3 768 19 789 1/2 GP-3 809.4 779 1/2 19 790 1/2 GP-4 815.5 785.5 25 790 1/2 GP-5 812.3 782 1/2 17 795 1/2 GP-6 811.0 786 15 796 GP-7 809.9 780 13 796 HA-1 809.4 803 1/2 - - HA-2 804.5 8041/2 - - HA-3 787.5 780 1/2 - - HA-3A 787.0 781 31/2 7831/2 HA-3B 781.0 777 - - HA-4 775.0 7701/2 21/2 7721/2 HA-4A 770.0 7671/2 surface 7671/2 HA-5 760.2 756 - - HA-5A 755.0 752 - - During all site observations, groundwater was also observed weeping from the drainage swale and the failure scarp surface at multiple locations. In general across the project area, groundwater appears to be perched at and above the low permeability glacial till. At the point where the glacial till intersects with the slope, groundwater seems from the exposed boundary and flows down to the creek. Within the project area the groundwater appears to have a general downslope gradient towards the south as well, and possibly west towards the drainage swale, as the boundary of the glacial till slopes similarly; however,this finding is based on the limited localized subsurface information. For additional groundwater information, a long-term groundwater monitoring or a hydrological study could be performed. BRAUN INTERTEC City of Eden Prairie Project BL-10-00054A March 7, 2012 Page 9 B.S. Laboratory Test Results To aid in soil classification and analysis of engineering properties,we performed moisture content, hand penetrometer (unconfined compression) and sieve analysis tests on select samples recovered from the borings in accordance with ASTM procedures. The laboratory test results are shown on the Log of Boring Sheets included in Appendix, across from the associated soil sample. B.6. Material Properties A summary of the shear strength and hydraulic properties assigned to the materials described above and used in our stability analyses are provided below in Table 3. Assigned material properties were derived from laboratory test results, or were estimated from penetration test boring data or other geotechnical data from local projects. Table 3. Material Parameter Summary Moist Unit Effective Stress Material Weight(pcf) 4)' (deg) C' (psf) Existing Fill (SM) 115 26 - Engineered Fill (SP/SP-SM)* 118 34 - Engineered Fill (SC/CL-S)* 125 - 2000 Slopewash/Alluvial (SM/SC) 110 18 - Glacial Outwash (SP-SM) 115 31 - Glacial Outwash (SP) 118 34 - Chemically Solidified Fill (SP/SP-SM) 130 45 - Glacial Till—Upper Zone(SC/CL-S) 125 - 2000 Glacial Till—Lower Zone(SC/CL-S) 130 - 3000 *Assumed to be compacted to a minimum of 95 percent of standard Proctor density. B.7. Stability Analysis Results B.7.a. Criteria The generalized factor of safety value presented in the following tables is the summation of the resisting stresses over the driving stresses for a given area or plane. A value of 1.0 indicates these stresses are equal, and therefore the risk of failure is high. Most geotechnical references recommend a minimum factor of safety for stability of 1.5 for structures. We recommend this minimum factor of safety be applied by others evaluating possible stabilization or reconstruction alternatives. BRAUN INTERTEC City of Eden Prairie Project BL-10-00054A March 7, 2012 Page 10 B.7.b. Analytical Results- Existing Features The results of our steady-state effective stress model, used to evaluate the current risk of future instability to the remaining slope, adjacent property and residence, are shown below in Table 4. Companion graphics,demonstrating our analyses, showing the location and configuration of the critical failure surfaces,are included in Appendix B. Table 4.Summary of Stability Analyses Results-Risk to Existing Features Model Lowest Factor of Safety Range Current Slope-with respect to slope below retaining wall 1.0 Current Slope-with respect to retaining wall/yard 1.2* Current Slope-with respect to deck foundation 1.2* Current Slope-with respect to residence 1.4* *Continued exposure would likely reduce these factors of safety over time,increasing the risk to the residence. B.7.c. Analytical Results- Reconstruction/Stabilization Options The slope reconstruction and stabilizations options considered were also analyzed based steady-state effective stress conditions,the results of which are presented in Table 5. Supporting graphics are provided in Appendix B. The range of factors of safety shown in Table 5 reflect variations in anchor spacing or capacity, or stabilization or reconstruction limits as described below;we anticipate the actual repair/reconstruction parameters will vary somewhat from those we selected. Graphics for each iteration of each option are not included in the Appendix, but can be provided if desired. Table 5.Summary of Stability Analyses Results-Reconstruction/Stabilization Options Option Area Lowest Factor of Safety Yard/Deck 1.6-2.1 Stabilization with soil anchors - Residence 1.9-2.1 Yard/Deck 1.5- 1.8 Chemical soil solidification — Residence 1.6-2.2 Full slope reconstruction with traditional Yard/Deck 1.3-1.4 construction methods Residence 1.5-1.8 Final design and evaluation of the chosen reconstruction option would need to be determined by a specialty contractor or design consultant. The design parameters used in our analysis of each option are detailed below. BRAUN INTERTEC City of Eden Prairie Project BL-10-00054A March 7, 2012 Page 11 Soil Anchors ■ Design/working capacity per anchor was 10 to 20 kips, with estimated optimum capacity of 15 kips. ■ Maximum spacing of 5 feet on center. ■ Minimum installation depth of 20 feet. ■ Based on failure plane limits and geometry, optimum anchor installation angle appears to be 20 degrees from horizontal. ■ Slope between failure and retaining wall will be cut down to 1:1 gradient. ■ Surface reinforcement system would be used. Chemical Soil Solidification ■ Microfine cement grout used for solidification. ■ Grouted areas analyzed included zones from the slope face (bottom of failure scarp)to the retaining wall, deck or residence. Grout extended from clay/sand interface to near surface. ■ Continuity of grout mass being relatively uniform. ■ Improved friction angle of solidified sand mass to 45 degrees,with a moist unit weight of 130 pcf. ■ Groundwater flow would still be possible around or through the solidified mass. ■ Surface reinforcement system would be used. Traditional Slope Reconstruction ■ Would include reconstruction of entire failure area of slope (or to a bulkhead). ■ Reconstructed slope would have slope geometry and gradient similar to adjacent non-failed slopes. ■ Soils similar to existing soils would be used for reconstruction, consisting of granular materials above clay/sand interface and cohesive soils below. ■ All residual,slopewash or alluvial soils would be removed from the reconstruction area. ■ Draintile or reinforced drainage areas would be provided. ■ Surface reinforcement system would be used. B.7.d. Analytical Assumptions For our analyses,the following assumptions were made regarding the geological conditions or construction procedures. BRAUN INTERTEC City of Eden Prairie Project BL-10-00054A March 7, 2012 Page 12 ■ Groundwater and surface water conditions were modeled similar to the conditions observed within the borings and during site observations. ■ Slopes will be properly vegetated and erosion protection (temporary and permanent) will be provided upon reconstruction. ■ Geotechnical engineer will be onsite full time during slope reconstruction/stabilization operations. If these assumptions are not correct,we should be consulted to review our analyses. C. Discussion of Analytical Results C.1. Factors Contributing to Instability Given the lack of information regarding the history of the existing failure and the original slope conditions prior to the instability, determination of the origin of the existing failure would be difficult and is not necessarily critical in evaluating remediation options. However, review of our analyses,geology and available site information does indicate the existing failure is, and likely originated as, a progressive failure, consisting of multiple small or shallow areas of instability occurring over time from an initial area of instability, rather than one or two large singular events. Our analysis indicates several factors are contributing to the existing instability and risk of continued instability. The identified factors,which are also interrelated, are discussed below. ■ Geology. The naturally occurring interface between the glacial outwash and till is a natural barrier for trapping groundwater. Furthermore,the sand-clay interface also appears to have a slight gradient towards the existing slope,where it intersects the slope between approximate elevations of 780 to 790. ■ Groundwater. The presence of groundwater within and at the surface of the slope is a key contributing factor to the instability. The groundwater saturates and weakens surface soils, reduces resisting shear strength and increases driving stresses. Although annual and seasonal fluctuations are anticipated,groundwater appears to be present year round at the sand-clay interface and subsequently within the slope. BRAUN INTERTEC City of Eden Prairie Project BL-10-00054A March 7, 2012 Page 13 ■ Topography and Site Conditions. The natural gradient of the existing slope is approximately 2:1 (horizontal to vertical) or slightly steeper. Unreinforced, engineered slopes are generally constructed at gradients flatter than 2:1 to reduce the risk of instability. Furthermore, without the presence of the existing slope, and also the proximity of the residence to the slope,the site geology and groundwater conditions might not warrant concern. Scouring of the slope from the creek could also have contributed to slope instability by undercutting and removing support from soils higher up the slope. C.2. Risk to Adjacent Property/Structures Stability analyses of theoretical failure surfaces extending beyond the current upslope failure limits and toward the adjacent property and structure yielded results of 1.0 for the adjacent slope, 1.2 for the retaining wall and deck,and 1.4 to 1.6 for the residence, respectively. The results for the remaining slope above the existing failure indicate continued sloughing or future localized failures are likely, if not expected. Although the stability results for the retaining wall, deck and residence do not indicate failure is immediately probable with the current geometry and conditions,the risk of instability to these features will increase if further instability of the existing slope occurs and encroaches further upslope, which is anticipated. C.3. Reconstruction Options All of the explored reconstruction/stabilization options yield increased stability,factors of safety above recommended criteria,and lower the risk to the existing private property and residence. However, as it is our opinion,slope stabilization with soil anchors is the most straightforward and potentially lowest cost and lowest risk approach for improved slope stability. Table 6 provides a summary of the anticipated advantages,disadvantages and risks associated with each option. The balance of this report(Section D) provides our recommendations to aid in design and construction of this option.As discussed,actual design and completion of this system will need to be completed by a specialty contractor. Locally, qualified contractors would include Veit Company,Atlas Foundation Company and Carl Bolander and Sons. BRAUN INTERTEC City of Eden Prairie Project BL-10-00054A March 7, 2012 Page 14 Table 6.Summary of Improvement Options Improvement Option Advantages Potential Disadvantages • Relatively fast installation. • Requires excavation of slope Soil Anchors • Mostly manual installation. face for installation and surface • Potentially lowest cost. reinforcement. • Minimal risk of vibration to • Does not remediate downslope adjacent property. failure area. • Potential risk associated with • Least risk of vibration to adjacent unknown impact to Soil Solidification property. groundwater flow. • Fast installation. • Cost variable. • Does not remediate downslope failure area. • Most comprehensive • Most invasive. reconstruction option,could be • May require access to adjacent Traditional applied to entire height of slope property. Reconstruction (or bulkhead would be needed). • High risk of vibration. • Would allow of slope to be • Likely highest cost. reconstructed to original • Longest construction time conditions. frame. D. Recommendations The following sections contain recommendations for slope stabilization using soil anchors to increase the shear strength of the slope mass and a surface reinforcement system to vegetate the slope, provide surface reinforcement and limit erosion. These recommendations are intended to be guidelines for the specialty contractor,who would perform the actual design and provide design documents. Prior to construction,we recommend the City/Owner require the design contractor to submit design documents for review by the City/Owner and geotechnical engineer. D.1. Stabilization Area D.1.a. Limits We recommend the stabilization (through soil anchors and surface reinforcement) be applied through the minimum extent of the area shown below in Figure 1, however,this should be verified in the field prior to design and will ultimately be determined cooperatively by the geotechnical engineer and design contractor. BRAUN INTERTEC City of Eden Prairie Project BL-10-00054A March 7, 2012 Page 15 Figure 1.Stabilization Extents TIMBER RETAINING WALL APPROXIMATE PERIMETER OF FAILURE AREAC___________ ' DECK �� MINIMUM SLOPE 1/ STABILIZATION AREA i�_,�i RESIDENCE •�%NA / • APPROXIMATE SLOPE ANCHORING SURFACE AREA / / t • APPROXIMATE PERIMETER / OF DRAINAGE SWALE-41 -� 10' 0 20' - - D.1.b. Slope Regrading To improve stability and provide a working surface,we recommend the existing slope be flattened by removing the existing scarp at the head of the failure. The excavation area should roughly include the area depicted in Figure 1. We recommend the slope be flattened to a gradient of 1:1 or flatter.The exposed slope is only intended to be a temporary condition prior to installation of the soil anchors and surface reinforcement system. D.1.c. Erosion Protection During construction,the contractor should provide temporary erosion protection to exposed areas of the slope and adjacent undisturbed portions of the slope. D.2. Soil Anchors D.2.a. Anchor Parameters The final design of the soil anchors chosen for slope stabilization, including type,size,capacity and spacing,will need to be completed by the contractor performing the work,with the assistance of a BRAUN INTERTEC City of Eden Prairie Project BL-10-00054A March 7, 2012 Page 16 licensed engineer. To qualify the anchors to improve the stability of the slope,we recommend the chosen soil anchors meet the following criteria: ■ Anchors should have a minimum embedment depth of 20 feet from the permanent slope face to extend beyond potential failure surfaces. ■ Installation process should include proof testing of the design anchor capacity. D.2.b. Soil Parameters For design of the slope stabilization system,we recommend the use of soil strength parameters provided in Table 7. The parameters shown below have not been reduced by safety factors. For design,we recommend groundwater be assumed near elevation 795. We saturated unit weights for all materials for design. Buoyant unit weights and hydrostatic pressures are recommended for outwash sands below the recommended groundwater elevation. The thickness of the soil layers should be interpolated from the Log of Boring sheets. Table 7. Design Soil Strength Parameters Saturated Effective Unit Density Friction Angle Cohesion Name (pcf) (degrees) (psf) KA Ko Kp Glacial Outwash (SP-SM) 122/60* 30 - 0.33 0.50 3.0 Glacial Outwash (SP)* 123/63* 34 - 0.28 0.44 3.5 Glacial Till—Upper Zone 130 - 2000 0.36 0.53 2.8 (SC/CL-S) Glacial Till—Lower Zone 132 3000 0.31 0.47 3.2 (SC/CL-S) *Recommend using saturated conditions for soil layer,including buoyant weight of soil and include hydrostatic pressure. D.3. Surface Reinforcement System D.3.a. Limits At a minimum,we recommend the limits of permanent surface reinforcement meet the following criteria: BRAUN INTERTEC City of Eden Prairie Project BL-10-00054A March 7, 2012 Page 17 ■ Entire area defined in Section D.1.a. ■ A minimum of 10 feet downslope of the bottom of the existing scarp within the existing failure area (scarp is defined as the area outlined in Section D.1.a). ■ Any slope areas disturbed or re-graded during the project. Although not currently critical to stabilization of the private property and yard, application of the surface reinforcement to the entire exposed failure area (down to the creek, not just 10 feet below the scarp) will reduce the risk of future progressive failure in other areas, reduce surface erosion and improve appearance. D.3.b. Materials The surface reinforcement should be intended to provide permanent surface stabilization,while allowing for draining, reducing erosion and allowing for surface vegetation. We recommend the surface reinforcement meet the following requirements: ■ Federal Highway Administration (FHWA)Specification FP-03 Section 713.18 Type 5.0 for Permanent Rolled Erosion Control Mats,with the provision the material is suitable for slopes with gradients up to 1:1. ■ Material should be three-dimensional, including layers for reinforcement and a fiber matrix to limit erosion and promote vegetation. ■ Material should be suitable to be mechanically fastened to the slope through the primary slope soil anchors (Section D.2) and anchors specifically designed to retain the surface reinforcement(See Section D.3.c). D.3.c. Surface Reinforcement Anchors The surface reinforcement should be mechanically fastened to the slope through anchors specifically installed to retain the surface reinforcement, as well as through the primary soil anchors.The anchors for the surface reinforcement should have a minimum embedment depth of 24 inches. D.4. Slope Drainage We recommend provisions be made to slope yard areas to provide positive drainage away from the reinforced slope area. Roof and sump drains should also be routed to areas away from and downslope of the reinforced slope area. BRAUN INTERTEC City of Eden Prairie Project BL-10-00054A March 7, 2012 Page 18 D.S. Construction Quality Control D.5.a. Site Observations We recommend having a geotechnical engineer observe all excavations related to slope subgrade preparation and construction.The purpose of the observations is to evaluate the competence of the geologic materials exposed in the excavations, and the adequacy of required excavation oversizing. We also recommend a geotechnical engineer be onsite during installation of all soil anchors to evaluation installation process, depth and capacity. D.5.b. Materials Testing We recommend density tests be taken in excavation backfill and additional required fill placed within or below the slope. D.5.c. Cold Weather Precautions If site grading and construction is anticipated during cold weather, all snow and ice should be removed from cut and fill areas prior to additional grading. No fill should be placed on frozen subgrades. No frozen soils should be used as fill. E. Procedures E.1. Penetration Test Borings The penetration test borings were drilled with a tracked vehicle-mounted core and auger drill equipped with hollow-stem auger.The borings were performed in accordance with ASTM D 1586. Penetration test samples were taken at 2 1/2-or 5-foot intervals. Actual sample intervals and corresponding depths are shown on the boring logs. E.2. Continuous Push Borings The continuous push soil borings were advanced using a track-mounted direct-push (GeoProbe) sampling rig. Using the direct-push rig, a plastic soil-retention sleeve was placed into a 3.25-inch outside-diameter by 5-foot-long sampling tool. The borehole was advanced using a dual-tube system,which allows for the inner sampling tool to be pushed through a larger outer diameter rod a total penetration depth of 5 feet. BRAUN INTERTEC City of Eden Prairie Project BL-10-00054A March 7, 2012 Page 19 After advancing the tooling,the sampler was removed from the borehole but the outer rod remains, leaving the borehole open. The soil sample was retrieved inside the plastic sleeve for visual inspection. The process is then repeated on a continuous basis to the termination depths of the borings. E.3. Hand Auger Borings The hand auger borings were advanced using 1 1/2 and 2 1/2 inch pigtail and bucket augers. Samples were recovered from the auger cuttings and changes in strata were noted. Representative samples were recovered and collected for additional testing. E.4. Material Classification and Testing E.4.a. Visual and Manual Classification The geologic materials encountered in the borings were visually and manually classified in accordance with ASTM Test Method D 2488. A chart explaining the classification system is attached. Samples were sealed in jars or bags and returned to our facility for review and storage. Preliminary estimates of soil consistency and density were also evaluated based on resistance to penetration of the hand auger, and the turning resistance. E.4.b. Laboratory Testing The results of the laboratory tests performed on geologic material samples are noted on or follow the appropriate attached exploration logs.The tests were performed in accordance with ASTM or AASHTO procedures. E.S. Groundwater Measurements The field crews checked for groundwater as the borings were advanced, and again after auger withdrawal.The boreholes were then backfilled. BRAUN INTERTEC City of Eden Prairie Project BL-10-00054A March 7, 2012 Page 20 F. Qualifications F.1. Variations in Subsurface Conditions F.1.a. Material Strata Our evaluation,analyses and recommendations were developed from a limited amount of site and subsurface information. It is not standard engineering practice to retrieve material samples from exploration locations continuously with depth, and therefore strata boundaries and thicknesses must be inferred to some extent. Strata boundaries may also be gradual transitions,and can be expected to vary in depth, elevation and thickness away from the exploration locations. Variations in subsurface conditions present between exploration locations may not be revealed until additional exploration work is completed, or construction commences. If any such variations are revealed, our recommendations should be re-evaluated. Such variations could increase construction costs, and a contingency should be provided to accommodate them. F.1.b. Groundwater Levels Groundwater measurements were made under the conditions reported herein and shown on the exploration logs,and interpreted in the text of this report. It should be noted that the observation period was relatively short,and groundwater can be expected to fluctuate in response to rainfall,flooding, irrigation,seasonal freezing and thawing, surface drainage modifications and other seasonal and annual factors. F.2. Continuity of Professional Responsibility F.2.a. Plan Review This report is based on a limited amount of information, and a number of assumptions were necessary to help us develop our recommendations. It is recommended that our firm review the geotechnical aspects of the designs and specifications, and evaluate whether the design is as expected, if any design changes have affected the validity of our recommendations, and if our recommendations have been correctly interpreted and implemented in the designs and specifications. BRAUN INTERTEC City of Eden Prairie Project BL-10-00054A March 7, 2012 Page 21 F.2.b. Construction Observations and Testing It is recommended that we be retained to perform observations and tests during construction.This will allow correlation of the subsurface conditions encountered during construction with those encountered by the borings, and provide continuity of professional responsibility. F.3. Use of Report This report is for the exclusive use of the parties to which it has been addressed. Without written approval,we assume no responsibility to other parties regarding this report. Our evaluation, analyses and recommendations may not be appropriate for other parties or projects. F.4. Standard of Care In performing its services, Braun Intertec used that degree of care and skill ordinarily exercised under similar circumstances by reputable members of its profession currently practicing in the same locality. No warranty,express or implied, is made. BRAUN INTERTEC Appendix A BRAUN f NTE RTEC i do. If - _ III BRAYN I 16. ` . $ #i • ,�106, & INTERTEC iki --.4.77 10 *giLIII * lk> -4 ` € # 11001 Hampshire Avenue So. * * ' Minneapolis,MN 55438 ■ tt ‘ \ PH.(952)995-2000 y ; • li a 4 i 4 �"'� FAX(952)995-2020 iviltill i 0 III . ' ••10 : ` di 0 lop A �► 4:$ I. At , fr. i 611%.• O. f + V - 11.i Illi . MIrit ‘ 9s \ I 111111111tr 1.'6 l'"ril '4/1 %Nub MP q 41114 it '1,,L, II al" idll 11114 T 41 I :1°:,01.,1 •• 'lls it — asink 141.1"A 1 ip 0 ,.* ir . -* 4 '4- 11 04. N . Mr 11 Villii lir A iill , k r ,i1' cP It_ 1 • ' -.IV N.. ,. .i4iiiifije.. ._., . i A . . °E---1 414r. q , .,IN , tille,b1. fa?, it' 4.ofb ite-A,-, • - iNlie 1. IF, Ito,. NI. T Q• Z .. ) . ic.!44 , ILI. . _ lig: P7._ wilvi Jilir: s I( � �..�..- Ho 1114111 I II ilj I 11 it ' - .11 lika. " j At a* . pli imincr4 1 :OM 7 1, , Mi. .Lik1/47: I -,. •,,,,exadia" Asift :111800."8,0.0 o U ' rill f 1 90.0 4�•u:1a 111 di 4.141141.41.1 -soloyoiniiiiitaii.71 sINI1110%.1111".°1Pr %"0106..of 7- 11111111%1;111115%1111.111111.1%11141. 1141111111111.111%11111111111141111"1.11141111111111411111111111111111r"1%1 IPilhil";8166.11111.1'1.4111111.1r1:11 :-Ialrill.11 `-imr•NO , - ... :1/41:411E%- - - . S DENOTES APPROXIMATE LOCATION OF ! 4111. 770.00 1 N PZIP%plibrEl "V'll .11M4711W440/4Nismi.. 11444\vAleigii . T1‘-`= ",.........simioniti- ' il.k- - 1 ' - # STANDARD PENETRATION TEST BORING 1111. I #1,,� \� OR GEOPROBE jllik. ii‘%i„ :° I ' . 4 N 11�� _ e . . DENOTES APPROXIMATE LOCATION OF o )„, -OXI AT 1 - ‘la7Vr 1 il • i HAND AUGER BORING Illp_ rho. # 4 • .- + 3 i iffinselallaledbha ' le°3° :Ake 4� ` 4% Project No: �� No, BL1000054A 11$45iiviii, -14111.1111 i �� ,,. Drawing No: 1h41 m 48 ` BL1000054A 4 4A r50,00aScale: 1"=30' 111. L $ t� Drawn By: BJB Date Drawn: 10/21/11 , j40.00_ 15' 0 30' Checked By: JJV o l " ff\1\a 4 Last Modified: 3/1/12 J0� + ` SCALE: 1"=30' LL P _foot ��t Sheet Fig: BRAUNs' LOG OF BORING I NTE RTEC Braun Project BL-10-00054 BORING: ST-1 jGeotechnical Evaluation LOCATION: See attached sketch. u> Gallager Residence Slope 0 11157 Blue Stem Lane Eden Prairie, Minnesota 2 DRILLER: D. Bailey METHOD: 3 1/4"HSA,Autohammer DATE: 3/31/10 SCALE: 1"=4' m o Elev. Depth o feet feet Description of Materials BPF WL qu MC Tests or Notes c 810.1 0.0 Symbol (Soil-ASTM D2488 or D2487, Rock-USACE EM1110-1-2908) tsf % co 809 6 0 5 ,FILL FILL: Silty Sand,fine-grained, black. X— FILL \ (Topsoil Fill) o FILL: Silty Sand,fine-to medium-grained, dark brown - and brown, moist. - L_ _u- WH 9 P200=20% a _ a 806.1 4.0 c SP- POORLY GRADED SAND with SILT, fine-to t— SM medium-grained, light brown, moist, very loose to medium dense. 1 8 a - (Glacial Outwash) X N d o_ _u 5 10 P200=6% - co Y13 Benchmark: /\ Elevations were 798.1 12.0 obtained using GPS and the State SP POORLY GRADED SAND,fine-to coarse-grained, of Minnesota's with a trace of Gravel to with Gravel, light brown, moist, -V 10 permanent base loose to medium dense. /- station network. (Glacial Outwash) - 9. o x9 m 1- - Z _ V- 11 7 1 - With Poorly Graded Sand with Silt seams from 20 to 22 V 12 8 P200=6% . - feet. /� 788.1 22.0 I *Water not m SC !//. CLAYEY SAND,fine-to medium-grained,with a trace _ observed with 29 - /% of Gravel, with occasional Silty Sand lenses from 23 to -X 11 1 3/4 14 1/2 feet of 26 feet, gray,wet, rather stiff to stiff. - hollow-stem auger N - '% (Glacial Till) - in the ground. 0 w 10 1 1/2 14 Water not Z j X observed to - cave-in depth of - 21 feet o - _ immediately after _V 14 2 withdrawal of Z — -L auger. Z Boring Z immediate)y ▪ 779.1 31.0 /// X 14 2 1/2 backfilled with 8 END OF BORING. * bentonite grout. 0 0 BL-10-00054 Braun Intertec Corporation ST-1 page 1 of 1 BRAUNs' LOG OF BORING I NTE RTEC Braun Project BL-10-00054 BORING: GP-1 Geotechnical Evaluation LOCATION: See attached sketch. u> Gallager Residence Slope 0 11157 Blue Stem Lane Eden Prairie, Minnesota DRILLER: D. Bailey METHOD: Geoprobe DATE: 3/31/10 SCALE: 1"=4' m o Elev. Depth o feet feet Description of Materials BPF WL qu MC Tests or Notes c 810.0 0.0 Symbol (Soil-ASTM D2488 or D2487, Rock-USACE EM1110-1-2908) tsf % FILL •�..• FILL: Silty Sand,fine-to medium-grained, slightly 0 809.0 1.0 '$ \organic,with wood chips, black, I Fimoist. FILL T FILL: Silty Sand,fine-to medium-grained, dark brown, /— moist. — ♦�♦ E 805.0 5.0 SP- POORLY GRADED SAND with SILT,fine-to _ SM medium-grained, brown to light brown, moist. a (Alluvium/Glacial Outwash) 0_ _ 10 m 0 0— — m co 798.0 12.0 SP POORLY GRADED SAND,fine-to coarse-grained, with a trace of Gravel to with Gravel, light brown, moist. _ (Glacial Outwash) 0 0 n M C Z s U I >1 6 P200=4% — — 0 788.0 22.0 SC !//. CLAYEY SAND,fine-to medium-grained,with a trace 2 _ // of Gravel,with waterbearing Silty Sand seam at 23 _ V feet, brown to 23 feet then gray,wet. 1 3/4 — // (Glacial Till) 1 — — 1 1/2 1 1/2 — o 1 1/2 16 *Water observed at 23 feet while 2 drilling. z 1 1/2 'D 780.0 30.0 Boring END OF BORING. * immediately backfilled. 0 — 0 0 BL-10-00054 Braun Intertec Corporation GP-1 page 1 of 1 BRAUNs' LOG OF BORING I NTE RTEC Braun Project BL-10-00054 BORING: GP-2 Geotechnical Evaluation LOCATION: See attached sketch. u> Gallager Residence Slope 0 11157 Blue Stem Lane Eden Prairie, Minnesota DRILLER: D. Bailey METHOD: Geoprobe DATE: 3/31/10 SCALE: 1"=4' m o Elev. Depth o feet feet Description of Materials BPF WL qu MC Tests or Notes c 808.3 0.0 Symbol (Soil-ASTM D2488 or D2487, Rock-USACE EM1110-1-2908) tsf % Q FILL •�..• FILL: Silty Sand,fine-to medium-grained, slightly 0 807.3 1.0 FILL ��4�4 \organic, black, moist.(Topsoil Fill) r 806.3 2.0 FILL FILL: Poorly Graded Sand with Silt,fine-to $$: (medium-grained, light brown, moist. FILL: Silty Sand,fine-to medium-grained,with a trace — �:�� of Gravel, dark brown and black, moist. _ E 803.3 5.0 SM SILTY SAND,fine-to medium-grained, dark brown to 9 — brown, moist. — a 801.3 7.0 (Alluvium) a SP- POORLY GRADED SAND with SILT,fine-to 9 _ SM medium-grained, brown, moist. — can (Glacial Outwash) 793.3 15.0 9. SP POORLY GRADED SAND,fine-to medium-grained, — with a trace of Gravel, brown, moist. — 791.3 17.0 (Glacial Outwash) SP- POORLY GRADED SAND with SILT,fine-to z — SM coarse-grained,with a trace of Gravel to with Gravel, — brown, moist to 19 feet then waterbearing. — (Glacial Outwash) 6 c — a a — 0 0 0 0 — _ P200=7% 783.8 24.5 _ SC CLAYEY SAND,fine-to medium grained,with a trace Z f of Gravel,with waterbearing Poorly Graded Sand and — 1 18 P200=41% Silty Sand seams and lenses, gray,wet to 781.8 26.5 // waterbearing. w _ SC /; (Glacial Till) %/ CLAYEY SAND,fine-to medium-grained,with a trace Z — of Gravel, gray, wet. 1 11 P200=38% _ (Glacial Till) — Z /0 r BL-10-00054 Braun Intertec Corporation GP-2 page 1 of 2 BRAUNSM LOG OF BORING I NTE RTEC Braun Project BL-10-00054 BORING: GP-2 (cont.) Geotechnical Evaluation LOCATION: See attached sketch. Gallager Residence Slope 0 11157 Blue Stem Lane Eden Prairie, Minnesota DRILLER: D. Bailey METHOD: Geoprobe DATE: 3/31/10 SCALE: 1"=4' o• Elev. Depth o feet feet Description of Materials BPF WL qu MC Tests or Notes c 776.3 32.0 Symbol (Soil-ASTM D2488 or D2487, Rock-USACE EM1110-1-2908) tsf % co • 775.3 33.0 CL % SANDY LEAN CLAY,with a trace of Gravel, gray,wet. _ (Glacial Till) co 2 o— — / j >— j aa 768.3 40.0 END OF BORING. co Water observed at 19 feet while drilling. Boring immediately backfilled. m _ _ O 0 U H Z _ U co z• _ 00 m• — a a• _ O O C O N _ _ O Q _ z Z O ac Z_ C7 Z C7 Z a O m (7 9 BL-10-00054 Braun Intertec Corporation GP-2 page 2 of 2 BRAUNs' LOG OF BORING I NTE RTEC Braun Project BL-10-00054A BORING: GP-3 GEOTECHNICAL EVALUATION LOCATION: See attached sketch. _J Slope Stabilization u> 0 111 Blue Stem Lane Eden Prairie, Minnesota DRILLER: M. Barber METHOD: Geoprobe DATE: 10/5/11 SCALE: 1"=4' (15 o Elev. Depth o feet feet Description of Materials BPF WL MC P200 Tests or Notes c 809.4 0.0 Symbol (Soil-ASTM D2488 or D2487, Rock-USACE EM1110-1-2908) % % X 808 9 0 5 FILL 'p• FILL: Silty Sand,fine-grained, black, moist. Benchmark: • — FILL (Topsoil Fill) Elevations were FILL: Silty Sand,fine-to medium-grained,with a trace obtained using — of Gravel, roots and plastic fragments,with occasional GPS and the State Clayey Sand seams, brown and dark brown, moist. of Minnesota's permanent base o station network. o— c Q 5 802.4 7.0 a SP- POORLY GRADED SAND with SILT,fine-to — SM medium grained, light brown, moist. a) (Glacial Outwash) With Clayey Sand seam at 10 feet. 0 6 8 r _ 0 I r z 790.4 19.0 V c' SP- POORLY GRADED SAND with SILT,fine-to An open triangle in z' SM coarse-grained,with a trace of Gravel, brown, 15 10 the water level waterbearing. (WL)column 788.4 21.0 (Glacial Outwash) indicates the depth SM SILTY SAND,fine-grained, with a trace of Gravel, at which — brown,waterbearing. — groundwater was 786.4 23.0 (Glacial Till) observed while CL LEAN CLAY with SAND,with a trace of Gravel, brown drilling. to gray,wet. _ Groundwater (Glacial Till) 0 levels fluctuate. a — 22 73 z z _ *Water observed at 19 feet while drilling. • 779.4 30.0 Boring o END OF BORING. ' immediately m backfilled with o — — bentonite grout. 9 BL-10-00054A Braun Intertec Corporation GP-3 page 1 of 1 BRAUNs' LOG OF BORING I NTE RTEC Braun Project BL-10-00054A BORING: GP-4 GEOTECHNICAL EVALUATION LOCATION: See attached sketch. Slope Stabilization u> 0 111 Blue Stem Lane Eden Prairie, Minnesota DRILLER: M. Barber METHOD: Geoprobe DATE: 10/5/11 SCALE: 1"=4' o• Elev. Depth o feet feet Description of Materials BPF WL MC P200 Tests or Notes c 815.5 0.0 Symbol (Soil-ASTM D2488 or D2487, Rock-USACE EM1110-1-2908) Q FILL •�.• FILL: Silty Sand,fine-to medium-grained, black, moist. • 814.5 1.0 S�S \ (Topsoil Fill) 7- FILL �$$ FILL: Clayey Sand,fine-to medium-grained,with a ▪— �.�� trace of Gravel and plastic, brown and dark brown,wet. — 19 ♦�♦ ♦♦ > 809.5 6.0 • • Q SP POORLY GRADED SAND,fine-to medium-grained, N_ light brown, moist. — 5 3 (Glacial Outwash) — co 801.5 14.0 ML SILT with SAND,fine-grained, brown, moist to wet. (Glaciofluvium) 25 87 799.5 16.0 SP- POORLY GRADED SAND with SILT,fine-to o _ SM medium-grained, light brown to brown, moist. F (Glacial Outwash) Z 0 795.0 20.5 _ CL LEAN CLAY with SAND,with Silty Sand lenses, brown, _ A wet. 793.5 22.0 % (Glaciofluvium) 7- SP- POORLY GRADED SAND with SILT,fine-grained, light SM brown, moist. — 791.5 24.0 (Glacial Outwash) SP POORLY GRADED SAND,fine-to coarse-grained, a — with Gravel, brown, moist to waterbearing. V 18 5 z (Glacial Outwash) U _ *Water observed SIE 787.5 28.0 at 25 feet while Z — CL j SANDY LEAN CLAY,with a trace of Gravel, gray,wet. — drilling. (Glacial Till) Boring Z 785.5 30.0 % o END OF BORING. * immediately backfilled with o — — bentonite grout. 9 BL-10-00054A Braun Intertec Corporation GP-4 page 1 of 1 BRAUNs' LOG OF BORING I NTE RTEC Braun Project BL-10-00054A BORING: GP-5 GEOTECHNICAL EVALUATION LOCATION: See attached sketch. Slope Stabilization u> 0 111 Blue Stem Lane Eden Prairie, Minnesota DRILLER: M. Barber METHOD: Geoprobe DATE: 10/5/11 SCALE: 1"=4' m o Elev. Depth o feet feet Description of Materials BPF WL MC P200 Tests or Notes 812.3 0.0 Symbol (Soil-ASTM D2488 or D2487, Rock-USACE EM1110-1-2908) % % 811 8 0 5 FILL •44: FILL: Silty Sand,fine-grained, black, moist. r — FILL $ \ (Topsoil Fill) FILL: Poorly Graded Sand with Silt,fine-to — medium-grained,with Silty Sand seams, brown and — 4. dark brown, moist. o 0. 804.3 8.0 i� CL % LEAN CLAY,with Silt lenses, brown and light brown, — / wet. 802.3 10.0 (Glaciofluvium) SP POORLY GRADED SAND,fine-to medium-grained, light brown, moist. (Glacial Outwash) 796.8 _ 15.5 _ ML SILT,with Lean Clay lenses, brown, moist to — m waterbearing. o — (Glaciofluvium) — V I- Z — 39 99 793.3 19.0 SM SILTY SAND,fine-to medium-grained, brown, waterbearing. (Glacial Outwash) 0 l7 a — — 29 40 0 788.3 24.0 o SP POORLY GRADED SAND,fine-to coarse-grained, 16 4 a — with Gravel, brown,waterbearing. Z 786.3 26.0 (Glacial Outwash) CL j SANDY LEAN CLAY,with a trace of Gravel, gray,wet. — w - (Glacial Till) o % *Water observed F _ _ at 17 feet while — j — drilling. Boring Z 782.3 30.0 END OF BORING. ' o immediately 0 backfilled with — — bentonite grout. 0 BL-10-00054A Braun Intertec Corporation GP-5 page 1 of 1 BRAUNs' LOG OF BORING I NTE RTEC Braun Project BL-10-00054A BORING: GP-6 GEOTECHNICAL EVALUATION LOCATION: See attached sketch. Slope Stabilization u> 0 111 Blue Stem Lane Eden Prairie, Minnesota DRILLER: M. Barber METHOD: Geoprobe DATE: 10/5/11 SCALE: 1"=4' (15 o Elev. Depth o feet feet Description of Materials BPF WL Tests or Notes m 811.0 0.0 Symbol (Soil-ASTM D2488 or D2487, Rock-USACE EM1110-1-2908) co 810.0 1.0 PAV 6 inches of bituminous over 6 inches of aggregate base. FILL ,%* T FILL: Poorly Graded Sand with Silt,fine-to — ���� medium-grained,with occasional Lean Clay lenses, — brown with dark brown, moist. ♦�♦ _ ♦♦ aa) 803.0 8.0 a) SP- POORLY GRADED SAND with SILT,fine-to SM medium-grained,with occasional Lean Clay lenses, _ brown, moist. (Glacial Outwash) 798.0 13.0 SP POORLY GRADED SAND,fine-to coarse-grained, with a trace of Gravel, brown, moist to 15 feet then _ waterbearing. (Glacial Outwash) V _ l7 z z 792.0 19.0 c' CL j SANDY LEAN CLAY,with a trace of Gravel, gray,wet. (Glacial Till) a j — m _ 0. — j 0 786.0 25.0 j END OF BORING. Water observed at 15 feet while drilling. U Boring immediately backfilled with bentonite grout. co z 0 o — 0 0 BL-10-00054A Braun Intertec Corporation GP-6 page 1 of 1 BRAUNs' LOG OF BORING I NTE RTEC Braun Project BL-10-00054A BORING: GP-7 GEOTECHNICAL EVALUATION LOCATION: See attached sketch. _J Slope Stabilization 0 111 Blue Stem Lane Eden Prairie, Minnesota DRILLER: M. Barber METHOD: Geoprobe DATE: 10/5/11 SCALE: 1"=4' m o Elev. Depth o feet feet Description of Materials BPF WL MC P200 Tests or Notes c 809.9 0.0 Symbol (Soil-ASTM D2488 or D2487, Rock-USACE EM1110-1-2908) % % co 808.9 1.0 PAV 6 inches of bituminous over 6 inches of aggregate a base. FILL -���� \base. FILL: Poorly Graded Sand with Silt,fine-to - ��� medium-grained, brown and dark brown, moist. - C >- a N— o_ ♦♦ _ 800.9 9.0 • • SP- POORLY GRADED SAND with SILT,fine-to SM medium-grained,with occasional Silty Sand and Lean Clay lenses, brown, moist to 13 feet then waterbearing. (Glacial Outwash) - V 0 793.9 16.0 CL % LEAN CLAY, brown to gray,wet. o = (Glaciofluvium) _ Z 790.4 19.5 Z ML SILT,with frequent Lean Clay and Poorly Graded Sand_ lenses,with a trace of Gravel, brown,waterbearing. - (Glaciofluvium) - l7 a 0 - - 36 97 785.9 24.0 SM SILTY SAND,fine-grained, with a trace of Gravel,with Lean Claylenses, brown,waterbearing, — Z 783.9 26.0 (Glaciofluvium) SP- POORLY GRADED SAND with SILT,fine-to - SM coarse-grained,with Gravel, reddish brown, o waterbearing. *Water observed 781.9 28.0 (Glacial Outwash) at 13 feet while CL % SANDY LEAN CLAY,with a trace of Gravel, gray,wet. drilling. Z - j (Glacial Till) - 779.9 30.0 / Boring o END OF BORING. * immediately backfilled with o - - bentonite grout. 9 BL-10-00054A Braun Intertec Corporation GP-7 page 1 of 1 BRAUNs' HAND AUGER BORING I NTE RTEC Braun Project BL-10-00054 HAND AUGER: HA-1 Geotechnical Evaluation LOCATION: See attached sketch. Gallager Residence Slope 11157 Blue Stem Lane Eden Prairie, Minnesota DRILLER: J.Van Abel METHOD: 2 1/2"Hand Auger DATE: 3/30/10 SCALE: 1"=4' Elev. Depth feet feet ASTM Description of Materials BPF WL Tests or Notes 809.4 0.0 Symbol (ASTM D2488 or D2487) 809 1 0 31 FILL \FILL: Wood chips. 808 4_ 1 0 FILL FILL: Sandy Lean Clay, slightly organic, black,wet. 7- FILL FILL: Silty Sand,fine-to medium-grained,with occasional Clayey Sand seams, dark brown, moist. — 805.9 3.5 FILL FILL: Silty Sand,fine-grained, dark brown, moist. 803.4 6.0 O END OF BORING. 02 Water not observed while drilling. o Boring immediately backfilled. 0 a 0 0. x O — — rem 0 0 o — 0 ti • — Z in U — O cc H — Z_ Z Z — 0 O m C7 Q — 0 BL-10-00054 Braun Intertec Corporation HA-1 page 1 of 1 BRAUNs' HAND AUGER BORING I NTE RTEC Braun Project BL-10-00054 HAND AUGER: HA-2 Geotechnical Evaluation LOCATION: See attached sketch. Gallager Residence Slope 11157 Blue Stem Lane Eden Prairie, Minnesota DRILLER: J.Van Abel METHOD: 2 1/2"Hand Auger DATE: 3/30/10 SCALE: 1"=4' Elev. Depth feet feet ASTM Description of Materials BPF WL Tests or Notes 804.5 0.0 Symbol (ASTM D2488 or D2487) 804 2„ 0 31 FILL ..•• FILL: Silty Sand,fine-grained, slightly organic, black, / FILL $+ \wet. FILL: Silty Sand,fine-to medium-grained,with occasional Sandy Silt and Clayey Sand seams, dark — brown and brown with a trace of black, moist.799.5 5.0 • • SP POORLY GRADED SAND,fine-to medium-grained, o _ light brown, moist, loose to medium dense. •`6 797.5 7.0 (Glacial Outwash) END OF BORING. o Water not observed while drilling. Boring immediately backfilled. rem 0 0 o — 0 ti _ Z in U _ _ cc _ Z Z — 0 O m C7 Q BL-10-00054 Braun Intertec Corporation HA-2 page 1 of 1 BRAUNs' HAND AUGER BORING I NTE RTEC Braun Project BL-10-00054 HAND AUGER: HA-3 Geotechnical Evaluation LOCATION: See attached sketch. Gallager Residence Slope 11157 Blue Stem Lane Eden Prairie, Minnesota DRILLER: J.Van Abel METHOD: 2 1/2"Hand Auger DATE: 3/30/10 SCALE: 1"=4' Elev. Depth feet feet ASTM Description of Materials BPF WL Tests or Notes 787.5 0.0 Symbol (ASTM D2488 or D2487) SM SILTY SAND,fine-to medium-grained, non-to slightly organic, dark brown, moist. 786.0 1.5 (Topsoil/Slopewash) SP POORLY GRADED SAND,fine-to medium-grained, — light brown, moist, loose. (Glacial Outwash) — 783.5 4.0 SP POORLY GRADED SAND,fine-to coarse-grained, with a trace of Gravel and occasional Silty Sand 782.0 _ 5.5 seams, light gray, moist, loose to medium dense. 0 781.5 6.0 3. SP- I : \ (Glacial Outwash) `6 780.5 7 0 I SM POORLY GRADED SAND with SILT,fine-to • 1 SC coarse-grained,with Gravel, brown, moist, medium T dense.— (Glacial Outwash) 0 o _ CLAYEY SAND,fine-to medium-grained,with a trace — of Gravel, brown,wet, rather stiff to stiff. END OF BORING. 0. a) — Water not observed while drilling. — Boring immediately backfilled. rem 0 0 — 0 ti _ Z in U _ _ cc H _ _ Z Z — c7 O m C7 Q BL-10-00054 Braun Intertec Corporation HA-3 page 1 of 1 BRAUNs' HAND AUGER BORING I NTE RTEC Braun Project BL-10-00054 HAND AUGER: HA-3A Geotechnical Evaluation LOCATION: See attached sketch. Gallager Residence Slope 11157 Blue Stem Lane Eden Prairie, Minnesota DRILLER: J.Van Abel METHOD: 2 1/2"Hand Auger DATE: 3/30/10 SCALE: 1"=4' Elev. Depth feet feet ASTM Description of Materials BPF WL Tests or Notes 787.0 0.0 Symbol (ASTM D2488 or D2487) 786 9_ 0 5 SM SILTY SAND,fine-grained, slightly organic, black, SM (moist. 1 (Topsoil/Slopewash) 785.0 2.0 SILTY SAND,fine-to medium-grained, dark brown and SM SP- (brown, most. ' (Slopewash) 783.3 3.7 POORLY GRADED SAND with SILT,fine-to ■ - An open triangle in the water SM coarse-grained, brown, moist to waterbearing, loose. level (WL)column indicates (Glacial Outwash) the depth at which 781.5 5.5 SC 0 781.0 6.0 \ CL , POORLY GRADED SAND with SILT,fine-grained, light i groundwater was observed brown,waterbearing, loose. while drilling. Groundwater (Glacial Outwash) levels fluctuate. 02 CLAYEY SAND,fine-to medium-grained,with a trace _ of Gravel, brown,wet, rather stiff to stiff. o (Glacial Till) o — SANDY LEAN CLAY,with a trace of Gravel, gray,wet, soft. o (Glacial Till) a� END OF BORING. • — 1 _ Water observed at 3 1/2 feet while drilling. Boring immediately backfilled. rem z x a• — 0 0 0 0 — 0 0 N _ _ Q z Z_ in U _ 6 cc _ zZ_ z U Z a 0 0 0 C7 Q 0 Z BL-10-00054 Braun Intertec Corporation HA-3A page 1 of 1 BRAUNSM HAND AUGER BORING I NTE RTEC Braun Project BL-10-00054 HAND AUGER: HA-3B Geotechnical Evaluation LOCATION: See attached sketch. Gallager Residence Slope 11157 Blue Stem Lane Eden Prairie, Minnesota DRILLER: J.Van Abel METHOD: 2 1/2"Hand Auger DATE: 3/30/10 SCALE: 1"=4' Elev. Depth feet feet ASTM Description of Materials BPF WL Tests or Notes 781.0 0.0 Symbol I (ASTM D2488 or D2487) 780 5 0 5 SP- I POORLY GRADED SAND with SILT,fine-to ISM " coarse-grained, brown,waterbearing, very loose. SC � I (Slopewash) CLAYEY SAND,fine-to medium-grained, gray,wet, medium to stiff. (Glacial Till) 777.0 4.0 END OF BORING. N Water observed at surface while drilling. 0 Boring immediately backfilled. > — 0 0 x —0 a 0. x 0 — — rem 0 0 o — 0 ti _ Z in U _ _ cc _ Z Z — 0 O m C7 Q BL-10-00054 Braun Intertec Corporation HA-3B page 1 of 1 BRAUNs' HAND AUGER BORING I NTE RTEC Braun Project BL-10-00054 HAND AUGER: HA-4 Geotechnical Evaluation LOCATION: See attached sketch. Gallager Residence Slope 11157 Blue Stem Lane Eden Prairie, Minnesota DRILLER: J.Van Abel METHOD: 2 1/2"Hand Auger DATE: 3/30/10 SCALE: 1"=4' Elev. Depth feet feet ASTM Description of Materials BPF WL Tests or Notes 775.0 0.0 Symbol (ASTM D2488 or D2487) 774 5_ 0 SM 1. SILTY SAND,fine-grained, slightly organic, black, SP- \moist. 1 SM (Topsoil/Slopewash) 772.5 2.5 POORLY GRADED SAND with SILT,fine-to medium-grained, brown, moist, loose. 772.0 3.0 CP \ (Slopewash)L _ / POORLY GRADED SAND,fine-to coarse-grained, I 770.5 _ 4.5 j brown,waterbearing, loose. (Slopewash) SANDY LEAN CLAY,with a trace of Gravel, gray,wet, o — medium to rather soft. co (Glacial Till) > — lu END OF BORING. a o Water observed at 2 1/2 feet while drilling. IBoring immediately backfilled. — 43: tr_ 0 0 0 o 0 ti N _ _ Z in U _ cc _ Z Z 0 O m C7 Q BL-10-00054 Braun Intertec Corporation HA-4 page 1 of 1 BRAUNSM HAND AUGER BORING I NTE RTEC Braun Project BL-10-00054 HAND AUGER: HA-4A Geotechnical Evaluation LOCATION: See attached sketch. Gallager Residence Slope 11157 Blue Stem Lane Eden Prairie, Minnesota DRILLER: J.Van Abel METHOD: 2 1/2"Hand Auger DATE: 3/30/10 SCALE: 1"=4' Elev. Depth feet feet ASTM Description of Materials BPF WL Tests or Notes 770.0 0.0 Symbol (ASTM D2488 or D2487) 769 9_ 0 5, SC CLAYEY SAND,fine-to medium-grained, gray, wet, CL j soft. \very (Slopewash) 767.5 2.5 % SANDY LEAN CLAY, gray,wet, medium. (Glacial Till) END OF BORING. Water observed at surface while drilling. Boring immediately backfilled. 0 0 x — 0 O• — — rer a• — 0 0 0 o — 0 ti Q — Z in U — O cc — Z_ Z Z — 0 O m C7 Q — 0 BL-10-00054 Braun Intertec Corporation HA-4A page 1 of 1 BRAUNs' HAND AUGER BORING I NTE RTEC Braun Project BL-10-00054 HAND AUGER: HA-5 Geotechnical Evaluation LOCATION: See attached sketch. Gallager Residence Slope 11157 Blue Stem Lane Eden Prairie, Minnesota DRILLER: J.Van Abel METHOD: 2 1/2"Hand Auger DATE: 3/30/10 SCALE: 1"=4' Elev. Depth feet feet ASTM Description of Materials BPF WL Tests or Notes 760.2 0.0 Symbol I (ASTM D2488 or D2487) SM SILTY SAND,fine-grained, slightly organic, black, 759.2 1.0 \moist. SM (Topsoil/Slopewash) 757.7 2.5 SILTY SAND,fine-to medium-grained, dark brown, CL % \moist to waterbearing, very loose. A (Slopewash) 756.2 4.0 / SANDY LEAN CLAY,with a trace of Gravel, gray,wet, \medium to rather stiff. (Glacial Till) END OF BORING. c _ 0 co Water not observed while drilling. > - 0 Boring immediately backfilled. as — 0 c — 0 a c a a x a — 1 43: 1 g un _ t I S 0 D Q 0 z Q x a — 0 0 0 — 0 , 0 N _ N O _ Q Z Z_ in F O cc H Z_ O Z O Z — Fc O m cc w D Q _ 0 Z Q I I BL-10-00054 Braun Intertec Corporation HA-5 page 1 of 1 BRAUNSM HAND AUGER BORING I NTE RTEC Braun Project BL-10-00054 HAND AUGER: HA-5A Geotechnical Evaluation LOCATION: See attached sketch. Gallager Residence Slope 11157 Blue Stem Lane Eden Prairie, Minnesota DRILLER: J.Van Abel METHOD: 2 1/2"Hand Auger DATE: 3/30/10 SCALE: 1"=4' Elev. Depth feet feet ASTM Description of Materials BPF WL Tests or Notes 755.0 0.0 Symbol (ASTM D2488 or D2487) SC //j CLAYEY SAND,fine-to medium-grained, gray, wet, — /�// very soft. 753.0 2.0 (Slopewash) CL f SANDY LEAN CLAY,with a trace of Gravel, gray,wet, 752.0 3.0 / medium. (Glacial Till) END OF BORING. — Water not observed while drilling. O Boring immediately backfilled. 0 0 x — 0 O• — rem 0 0 o — 0 ti — Z in U — O cc H — Z_ Z Z — 0 O m C7 Q — 0 BL-10-00054 Braun Intertec Corporation HA-5A page 1 of 1 820 GP-4 815 FIL 0.0 FILL•1$ GP-5 •�►• FILL OM 0.5 GP-6 ♦► FILL •j�j. •�••• PAV o.0 810 GP-3 •.'• •� 60 •••• FILL GP-2 FILL ..0 SP •••• •• FILL 00 •FILL❖• ••• �.�. FILL 0 •• •j•• � jj• FILL •.o •�•� �•• •�•� •♦ •♦ •v. • SM •• 5.0 • • SP-SM:6.0 SP-SM:7.0 _.r.'_ SP 10.0. SP-SM 7.0 ML 14.0 800 10.0 SP-SM-16.0' ., SP-13.0' 0) w ML 15.5 c Q o 795 CL 0.57 Sp"15.0. SP-SM 22.0 SM'19.0 W -17.0r 114 CL SP SP-SM �': � -24.0.' � 790 —SP-SM-19.01- 1 SM 211 .0' .�'�:' SP,241t`.0' 3.d CL 7 e.d "' CL; CL 25.0 cr 785 j 30.0 ai o m $C 1/e 3 o Sc/2•5, z 780 z / 30.0 cc u Ucc /// coi >I a 775 CL- w w 0 cr 770 0 4/ 0 N N 0.0. 765 a z z z L. Fence Diagram (Horizontal distance not to scale) 1- Braun Project BL-10-00054A B R A IJ N 5M GEOTECHNICAL EVALUATION N Slope Stabilization 0 111 Blue Stem Lane I N T E RT E C w Eden Prairie, Minnesota L. BL-10-00054A B R A U N Descriptive Terminology of Soil Standard D 2487-00 NTERTECI Classification of Soils for Engineering Purposes NIF,�,.�rION,L (Unified Soil Classification System) Criteria for Assigning Group Symbols and Soils Classification — Particle Size Identification Group Names Using Laboratory Tests a Group Boulders over 12" Symbol Group Name b Cobbles 3"to 12" o Gravels Clean Gravels C. 4 and 1 C.< 3 c GW Well-graded gravely Gravel w a More than 50%of 5%or less fines a Coarse 3/4"to 3" a c m coarse fraction C"<4 and/or 1 >C.>3 d GP Poorly graded gravel Fine No.4 to 3/4" -a a a', retained on Gravels with Fines Fines classify as ML or MH GM Silty gravel d f g Sand c .N No.4 sieve More than 12%fines° Fines classify as CL or CH GC Clayey gravel d fg Coarse No.4 to No.10 1O o o Medium No.10 to No.40 `or uo N Sands Clean Sands C.z 6 and 1 < C. <3 a SW Well-graded sand h Fine No.40 to No.200 md m d 50%or more of 5%or less fines' C <6 and/or 1>Cc>3 a SP Poorly graded sand h Silt <No.200,PI<4 or w Z coarse fraction ° o Fines classifyas ML or MH SM Siltysand f d h below"A"line V o passes Sands with FinesClay <No.200,PI z 4 and E No.4 sieve More than 12%' Fines classify as CL or CH SC Clayey sand fg h on or above"A"line a Inorganic PI>7 and plots on or above"A"line' CL Lean clay k I m Silts and ClaysPI<4 or plots below"A"linef ML Silt k m Relative Density of o a a Liquid limit Cohesionless Soils a m.ep less than 50 Organic Liquid limit-oven dried < 0.75 OL Organic clay k m" d 0. Liquid limit-not dried OL Organic silt k I m° Very loose 0 to 4 BPF E o a PI plots on or above"A"line CH Fat clay k I m Or Loose 5 to 10 BPF E Silts and clays Inorganic Medium dense 11 to 30 BPF d o z Liquid limit PI plots below"A"line MH Elastic silt k I m q Dense 31 to 50 BPF ao 50 or more Organic Liquid limit-oven dried < 0.75 OH Organic clay k 1 m a Very dense over 50 BPF o Liquid limit-not dried OH Organic silt k I m a Highly Organic Soils Primarily organic matter,dark in color and organic odor PT Peat Consistency of Cohesive Soils a. Based on the material passing the 3-in(75mm)sieve. Very soft 0 to 1 BPF b. If field sample contained cobbles or boulders,or both,add"with cobbles or boulders or both"to group name. Soft 2 to 3 BPF c. C,, = D /Di Cc=(D30)2 Rather soft 4 to 5 BPF 60 Medium 6 to 8 BPF D10 X D60 Rather stiff 9 to 12 BPF d. If soil contains15%sand,add"with sand"to group name. Stiff 13 to 16 BPF e. Gravels with 5 to 12%fines require dual symbols: GW-GM well-graded gravel with silt Very stiff 17 to 30 BPF GW-GC well-graded gravel with clay Hard over 30 BPF GP-GM poorly graded gravel with silt GP-GC poorly graded gravel with clay f. If fines classify as CL-ML,use dual symbol GC-GM or SC-SM. g. If fines are organic,add"with organic fines"to group name. h. If soil contains 15%gravel,add"with gravel"to group name. i. Sands with 5 to 12%fines require dual symbols: Drilling Notes SW-SM well-graded sand with silt SW-SC well-graded sand with clay Standard penetration test borings were advanced by 3 1/4"or 6 1/4" SP-SM poorly graded sand with silt ID hollow-stem augers unless noted otherwise,Jetting water was used SP-SC poorly graded sand with clay to clean out auger prior to sampling only where indicated on logs. j. If Atterberg limits plot in hatched area,soil is a CL-ML,silty clay. Standard penetration test borings are designated by the prefix"ST" k If soil contains 10 to 29%plus No.200,add"with sand"or"with gravel"whichever is predominant. (Split Tube). All samples were taken with the standard2"OD split-tube I. If soil contains Z 30%plus No.200,predominantly sand,add"sandy"to group name. m. If soil contains 30%pIus No.200 predominantly gravel,add"gravelly"to group name. sampler,except where noted. n. PI 4 and plots on or above"A"line. o. PI <4 or plots below"A"line. Power auger borings were advanced by 4"or 6"diameter continuous- p. PI plots on or above"A"line. flight,solid-stem augers.Soil classifications and strata depths were in- q. PI plots below"A"line. ferred from disturbed samples augered to the surface and are,therefore, somewhat approximate. Power auger borings are designated by the 60 prefix"B." 50 a �' Hand auger borings were advanced manually with a 1 1/2"or 3 1/4" �?ci diameter auger and were limited to the depth from which the auger could J / .\:oe - 40 . eV be manually withdrawn. Hand auger borings are indicated by the prefix - � ,P d i of -a / rP BPF: Numbers indicate blows per foot recorded in standard penetration c 30 - / test,also known as"N"value. The sampler was set 6"into undisturbed Z i" - soil below the hollow-stem auger. Driving resistances were then counted .v , for second and third 6"increments and added to get BPF. Where they O\ differed significantly,they are reported in the following form: 2/12 for the 20 / — .c. and third 6"increments,respectively. E ,' G>' MH or OH WH: WH indicates the sampler penetrated soil under weight of hammer 10 - and rods alone;driving not required. I ML or OL 4 . �����' �� I WR: WR indicates the sampler penetrated soil under weight of rods 0 alone;hammer weight and driving not required. 0 10 16 20 30 40 50 60 70 80 90 100 110 TW indicates thin-walled(undisturbed)tube sample. Liquid Limit(LL) Laboratory Tests Note: All tests were run in general accordance with applicable ASTM standards. DD Dry density,pcf OC Organic content,% WD Wet density, pcf S Percent of saturation,% MC Natural moisture content, % SG Specific gravity LL Liqiuid limit,% C Cohesion,psf PL Plastic limit,% 0 Angle of internal friction PI Plasticity index, % qu Unconfined compressive strength,psf P200 %passing 200 sieve qp Pocket penetrometer strength,tsf Rev.7/07 Appendix B BRAUN f NTE RTEC Figure 1 . Global Stability Analysis Existing Conditions - Slope Slope Stabilization Evaluation Eden Prairie, MN BL-1 0-00054A 1.0 830 820 Building Deck 8101 Fill(SM) ��Timber Retaining Wall Glacial Outwash(SP-SM) 800 •------ Glacial Outwash(SP) Existing Failure Surface 790 - --------------------- - IIliI 780 c 770 (� Glacial Till(SC/CL-S) 2 760 w Creek 750 AI/ 740 730 Slopewash(SM/SC) 720 710 700 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 -50 -40 -30 -20 -10 0 10 20 30 40 50 60 70 80 90 100 110 120 130 140 150 160 170 180 190 200 Distance Figure 2. Global Stability Analysis Existing Conditions - Yard/Deck Slope Stabilization Evaluation Eden Prairie, MN BL-1 0-00054A 1.2 • 830 820 Building Deck 8101 Fill(SM) 1 �____________—Timber Retaining Wall Glacial Outwash(SP-SM) 800 II •-------- Glacial Outwash(SP) `IIIIII Existing Failure Surface NI 780 c .2 770 tii Glacial Till(SC/CL-S) N 760 W Creek 750 A./ 740 730 Slopewash(SM/SC) 720 710 700 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 -50 -40 -30 -20 -10 0 10 20 30 40 50 60 70 80 90 100 110 120 130 140 150 160 170 180 190 200 Distance Figure 3. Global Stability Analysis Existing Conditions - Residence Slope Stabilization Evaluation Eden Prairie, MN BL-1 0-00054A 1.4 830 820 Building Deck 810 Fill(SM) Timber Retaining Wall Glacial Outwash(SP-SM) ��1I IIII � II --------- 800 I IIIII1 '------------------------Glacial Outwash(SP) III Existing Failure Surface ---------------------- Glacial Till(SC/CL-S) 780 C O 770 Cl Glacial Till(SC/CL-S) Q) 760 W Creek 750 )/ IIIIIIIIIIIIIII14 740 ,• 730 Slopewash(SM/SC( 720 710 700 i i i i i i i i i i i -50 -40 -30 -20 -10 0 10 20 30 40 50 60 70 80 90 100 110 120 130 140 150 160 170 180 190 200 Distance Figure 4. Global Stability Analysis Reconstruction Option - Soil Anchors Slope Stabilization Evaluation Eden Prairie, MN BL-1 0-00054A 2.0 i 830 820 Building Deck 810 Fill(SM) IIII Timber Retaining Wall Glacial Outwash(SP-SM) II �I�Ilk �I ; 80o OEM". •............ Glacial Outwash SP i�uIIIi III1I` A;. Soil Anchors ----- ---------------- _______ _ `` 790 Glacial Till(SC/CL S) %� �I������Ir�„w� 780 Glacial Till(SC/CL-S) C O 770 CZ N 760 LJJ - Creek 750 */ 740 730 Slopewash(SM/SC) 720 710 700 1 1 1 1 1 1 1 1 1 1 1 1 -50 -40 -30 -20 -10 0 10 20 30 40 50 60 70 80 90 100 110 120 130 140 150 160 170 180 190 200 Distance Figure 5. Global Stability Analysis Reconstruction Option - Soil Solidification Slope Stabilization Evaluation Eden Prairie, MN BL-1 0-00054A 1.9 • 830 820 Building Deck 8101 Fill(SM) Timber Retaining Wall Glacial Outwash(SP-SM) Solidified Soil Mass 800 •-------- Glacial Outwash(SP) 790 ---- 780 C 770 jGlacial Till(SC/CL-S) N 760 L1J Creek 750 / 74 740 730 Slopewash(SM/SC) 720 710 700 1 1 1 1 1 1 1 1 1 1 1 1 -50 -40 -30 -20 -10 0 10 20 30 40 50 60 70 80 90 100 110 120 130 140 150 160 170 180 190 200 Distance Figure 6. Global Stability Analysis Reconstruction Option - Slope Reconstruction Slope Stabilization Evaluation Eden Prairie, MN BL-1 0-00054A 1.6 • 830 820 Building Deck 6 6 - r 8101 - Fill(SM) Timber Retaining Wall Glacial Outwash(SP-SM) \ 800 N Reconstructed Slope •...........................Outwash(SP) 790 I— Glacial Till /CL-S)(Sc ---. 780 C 770c . -14 Glacial Till(SC/CL-S) '•,1- N 760 W Creek 750 --1141 ."*/ • 740 730 Slopewash(SM/SC) 720 710 700 1 1 1 1 1 1 1 1 1 1 1 1 1 1 -50 -40 -30 -20 -10 0 10 20 30 40 50 60 70 80 90 100 110 120 130 140 150 160 170 180 190 200 Distance la r • ra. • ' - _ :�+ y _ • - ..,� y ,'1 ' _ � L+=tip _ R I _ ./....d.vir._ , :ri. - • A - 4.-4 ...m: -• 1 -Lc ••••17—• .67ot b • ,.. 11467--004. . . -_4„.1-.3 ,ar. . • it•‘C11' .. . -Mi.- • .4"P_ di Jtow.orpaii• .a•-.__7 7.-Ile At . . . . , .. . .. ..!. am . .d. "r1:1 - • . '.4- ,. :, -,... • ..r -... I 1"1r _ y _� _ *•11. • L ' *r =.�.r • -• i 1_ T q• • = ` let.,Ya -mal # ram � F, r - - ¢ _4 ; • • • r_ cif' zr' ; �. , ��.- r _ - _ it - _ i I' , .. : . e'.•illita111P •1-4-- ..Al*- •;• .3,&„_ .4 11- gc.•.6:p-: L .....7. : 1 i ' .7: :Lir. -6- -. .. - I• ..11,;.71:, - . - _ -.......• :.....-..4-6;.0 . - . . • Niv ... I":-. • ....._.: I- LA 7.1 a • ...4441.7 . . ... 0 _ -._. .- . ._. ar 1-...-,:::,.- -... .....„... il: .._ 1141 - is._ ice Lie:. ,,,,i ` I 'Y k' i- 1 rr - •; • -yam i 1ft 1 r{ k7}" jitt ' i • - • •• • - ' Y -- . : _ ,, '� - M _ -11, --tt. M._•. .. :.L'7•• • r'''..--.--..• '• c,. �• r _ 'trill _,,,,,, , . ,. J.. .....,__ . , • '` , - -s. 91. •7 - - 5jti-*�7 • _• _-� • k T. • '.-'• - • • -.. • •--11114rp- lc ~l JS J' -111 {j� I -I. ; t !1;41112:41( . 40-7.00.-- '''". ... itifo . .: ' 1." _4._...: . _ .• -• .•q• : •. • •GLI- •;A:%. ' .. .:*...:.' ‘ Vrr," 114 a ( 'F.-.41174;.„ • ly.I -die AA• ti - , tiaiR' ` - • ' •f '� ■ .y'LR. ti ' I' .L • •.fr • ...el, �4 ,rt 1 `�- r ■ _ 4 J • �J� ••AL _ - -I- l'111466-r._91(ew 9 1 IOW a . ir Ilk--,:-.0. \ .111:, . 4. •414i1 • - I' r EXHIBIT F x ' _ i \/Venc k Wend< File#0094-35 MAY 2013 Engineers • Scientists Business Professionals 0,:,i[P rnr,.nrr-4:Fx�el:cncv Geotechnical Evaluation - Slope Stabilization 11157 Blue Stem Lane Prepared for: CITY OF EDEN PRAIRIE 8080 Mitchell Road Eden Prairie, MN 55344 Prepared by: WENCK ASSOCIATES, INC. 1800 Pioneer Creek Center P.O. Box 249 Maple Plain, Minnesota 55359-0249 (763)479-4200 1-800.472-7232 Corporate Headquarters:1500 Pioneer Creek Center,PO Box 249,Maple Plain,MN 55359 www.wenck,COM [lapis Plain,MN Woodbury,MN Windom.MN Roswell,GA Fargo,NO Mandan,NC Minot,ND Cheyenne,WY Buffalo.WY 763-479-4280 851-294-4580 507.831.2703 678-987 5846 701.297.5600 701.78 .3370 70`.4358-9999 307.534.7848 307-684-7953 City_000128 EXHIBIT G Table of Contents 1.0 SUMMARY 1-1 1.1 Property Description 1-1 1.2 Site Visits and Background Information 1-1 1.3 Objectives 1-1 2.0 SITE CONDITIONS 2-1 2.1 General Site Conditions 2-1 2.2 Failure Characteristics 2-1 2.3 Site Soil and Groundwater Conditions 2-2 3.0 STABILITY ANALYSIS RESULTS 3-1 3.1 Methodology 3-1 3.1.1 Analysis of Existing Features 3-1 3.2 instability Causation/Contributing Factors 3-2 3.3 Risk to Adjacent Property/Structures 3-2 4.0 RECOMMENDATIONS 4-1 4.1 Site Monitoring 4-1 4.2 Slope Stabilization 4-1 4.3 Slope Drainage 4-3 4.4 Construction Quality Control 4-3 5.0 QUALIFICATIONS 5-1 5.1 Variations in Subsurface Conditions 5-1 5.2 Standard of Care 5-1 FIGURES Figure 1 Site Map APPENDICES Apendix A Slope Stability Results iVlay 2013 4r'IDGs4 Ecen Pr441035 111.19lucclem La nelAepertIFl nal Reran 11501131Nra1144u it 9S071a dorx City_000129 1.0 Summary • 1.1 PROPERTY DESCRIPTION This Report discusses a slope failure located in the back yard of a residence located at 11157 Blue Stem Lane,in Eden Prairie,Minnesota(the"Property"). The Property consists of a residence,an enclosed deck, and a timber retaining wall. The slope failure is approximately 70 feet vertically and extends to City of Eden Prairie(the"City")owned property,which is downslope of the Property,and ultimately terminates near an outside bend In Purgatory Creek(the"Creek"). At its widest,the slope failure is approximately 30 feet wide. In the early spring of 2012,the slope failure was within approximately 20 feet(horizontally)of the timber retaining wall,or approximately 40 feet south of the residence,and extended down to the Creek. In March,2012,Braun Intertec prepared a geotechnical evaluation report for the City,as there was concern that the slope failure had progressed to the point where it posed a risk of instability to the Property. in April,2013,the City retained Wenck Associates to re-evaluate the slope failure and assess the risk of Imminent failure,as evidence had shown that the instability of the slope had worsened since the spring of 2012. The City provided Wenck with the 2012 Braun report and Wenck used that report as background for this evaluation. 1.2 SITE VISITS AND BACKGROUND INFORMATION Wenck met with City staff on April 24,2013 to discuss an evaluation of the slope failure by Wenck and repair of the same(the"Project"). The objectives of the sioper evaluation are discussed below. Wenck visited the Property,met with the property owners,the Gallaghers,and discussed a proposed course of action. On April 26 2013,we visited the Property to obtain up to date survey Information in the failure area and meet with a contractor that has experience in similar slope stabilization projects with difficult terrain and limited access and to discuss practical solutions given some of the Property limitations. 1.3 OBJECTIVES The objectives of this evaluation were to provide: • A current survey of slope failure area; • An evaluation of risk of failure to the timber retaining wall,enclosed deck area,and the residence; and • Recommendations for corrective action,including a discussion of timing and/or the necessity for immediate action, 1-1 May 2073 r:Wdad Eden FalnAl'i 11157 slnrsiem lane1Nowl Firpal Haaart usan'ICto:•cptrt_p}vrIt3.poa Wenck City_000130 2.0 Site Conditions 2.1 GENERAL SITE CONDITIONS The pre-failure grade of the slope was approximately 2H:IV and approximately 70 feet tail(from the edge of the Creek—approx.elev 740 to the top of the timber retaining wall approx.eiev 810). The timber retaining wall was reported to be less than 4 feet in height;however the exposed face is between 5.5 and 6 feet in height. This difference in reported height is likely due to the fact that the slope failure has extended to the base of the timber retaining wall. This timber retaining wall retains a portion of the adjacent back yard. The residence itself is approximately 20 feet north of the timber retaining wall,and the second floor enclosed deck extends to within approximately 8 feet horizontally from the timber retaining wall. The yard between the timber retaining wall and residence is generally flat,but rises in elevation around the sides of the residence towards the north. Although design Information of the existing residence was not provided,discussions with the Galiaghers Indicate that the older portion of the residence(nearest the timber retaining wall)is on a stone and grout foundation and subsequent additions,including the enclosed deck,are supported on typical frost depth spread footing foundations. On either side of the failure area,the slope is moderately to well vegetated,including a variety of trees with trunk diameters ranging from 4 inches to over 24 inches. A drainage way,likely a combination of surficial and subsurface flow has eroded a channel diagonally from the west toe of the failure area and extending north and west. The soils in this area are soft,wet,and possibly saturated. 2.2 FAILURE CHARACTERISTICS Details regarding the origin or location of the original slope failure are unknown. Observations during our April 2013,Property visits indicate that the slope failure area extends from the Creek up to the base of the timber retaining wail. The scarp varies in depth from approximately a few feet to greater than 8 feet at the top of the slope failure and is up to approximately 30 feet wide near the base.A rough outline of the failure area is depicted on Figure 1. During both Property visits,groundwater was observed weeping from the scarp face,in multiple locations, but primarily at the Outwash/Till interface(soil types as described in March 2012 Braun Report). There are signs of timber retaining wall movement,as the exposed base of the timber retaining wall has an outward bow of approximately%of an inch and the ends of the tiebacks that are generally flush with the 2-1 May 2013 r 4.m4&den P.4lr OS'$1157 litnIVIllpOrArrIi.01RApOlt 43i5V3s,WflliniflporLeKf713.Jocx . Wenck City_000131 face of the timber retaining wall at the time of construction are now recessed in approximately 31 to 3A of an inch. The pictures below depict these observations. } l! T ,r ,: . . ) Base of Timber Retaining Wail Tiebacks Recessed Inward 2.3 SITE SOIL AND GROUNDWATER CONDITIONS The 2012 Braun Report provides a comprehensive description of the soils encountered,their geologic origin and the applicable engineering properties. These will be briefly summarized below: Surface geology at the Property appears to consist of glacial sands underlain by a clayey glacial till. Bedrock is anticipated to be 150 to 250 feet below grade in the project area.The general geologic profile observed within the slope and failure faces was similar to the published geology and consisted mainly of nutwash sand overlying glacial till. Fill Previously placed fill was reported within the road and yard,ranging in depth from 4 feet to 9 feet. Reported composition of the fill was poorly graded sand with silt,and silty sand,with lesser amounts of clayey sand. Penetration resistance from previous investigation work indicates that this material Is poorly compacted. 2-2 May 2013 rvc9d Cden Pralrle135 11157&ustam[ay171epprtlF n&geoprl 0507:3\FInal report j60713 dd. 44i Wenck City_000132 Glacial Outwash The glacial outwash generally consisted of poorly graded sand and poorly graded sand with silt. The boundary between the more permeable outwash and the less permeable glacial till ranged from approximately 4 to 28 feet below grade at the boring locations provided in the Braun Report. Penetratlon resistance from previous investigation work indicates that this material is generally loose to medium dense. Glacial Till The underlying glacial till generally consisted of clayey sand and sandy lean clay. Penetration resistance from previous investigation work indicates that this material is stiff to rather stiff. Groundwater In the vicinity of the Property,it appears as though groundwater is generally perched above the lower permeability glacial till and is contained within the glacial outwash. Seepage From the face of the scarp appears to be at this interface. The groundwater appears to generally move to the south and southwest along the outwash till interface. Soil Engineering Properties A summary of the shear strength and hydraulic properties assigned to the materials described above and used in previous stability analyses are provided below in Table 3.Wenck reviewed the assigned properties and is in general agreement with them. Moist Unit Effective Stress Soil Weight(pcf) cp'(deg) C'(psf) Existing Fill 115 26 Giaclai Outwash 115 31 Glacial Outwash 118 34 - Glacial Tif l-Upper Zone 125 2000 Glacial Till-Lower Zone 130 3000 2-3 May 2013 T-41O94 FJen PykteliS 1.1157 O:uesizmianeVR�pe.`%Heel kapalt tam 300/repml 11719 done •iWenck City_000133 3.0 Stability Analysis Results 3.1 METHODOLOGY Wenck evaluated the stability of the embankment by first analyzing the slope configuration as presented in the March 2012 Braun report to use as a'calibration"of our analysis input files. Wenck performed a 2- dimensional limit equilibrium analysis of the stability of the slope. A 2D limit equilibrium analysis consists of generation of a trial failure surface,subdivision of that trial surface into several slices,computation of the various forces and moments for each slice,and then sums the moments and forces that are resisting rotation or movement,and divides by the moments and forces that are causing rotation or movement. This ratio is called the Factor of Safety or FS. A FS of 1.0 Indicates these forces or moments are approximately equal and the risk of imminent failure is high. Most geotechnical references recommend a minimum factor of safety for stability of 1.5 for structures. Braun recommended that this minimum factor of safety be applied by others evaluating possible stabilization or reconstruction alternatives and we concur with that recommendation. Slope/W software program was used to perform this analysis because It has the ability to quickly evaluate thousands of trial surfaces and efficiently determine the most critical surface through the search algorithms programmed into the software. 3.1,1 Analysis of Existing Features The table below presents the results of the effective stress model used to evaluate the current risk slope failure and presents the factors of safety presented by Braun as a point of reference for how the instability has worsened overtime.Analyses results are graphically presented in Appendix A. Summary of Stability Analyses Results-Risk to Existing Features Model FS(Braun,March 2012) FS(Wenck,May,2013) Current Slope With Respect to — 1.2 0.9-10 Retaining Wall/Yard Current Slope with Respect to Deck 1.2 0.9-1.0* ` Foundation Current Slope with Respect to House 1.4 1.2 **This poses an imminent risk of failure and corrective action should be taken immediately. The consequences of failure of the retaining wail are likely to negatively affect the bearing capacity of the enclosed deck's focting(s). 3-1 May 2013 7:'111:R.1[den 7.3l4 u531157 ei,.ee!em Lan.lrreeort',:fnal Repv.t 1150113 ima1 feP-,t 050713.do,' Wenck City_000134 3.2 I N STABI UTY CAUSATION/CONTRIBUTING FACTORS There is little information available regarding the history of the existing slope failure and the original slope conditions prior to the instability. Although the history of the slope is not necessarily critical in evaluating remediation options,an understanding of factors causing or contributing to the slope failure is necessary for a successful Project. Previous reports(Braun and Wenck) indicated that the existing slope failure is, and likely originated as,a progressive failure consisting of multiple small or shallow areas of Instability occurring over time from an initial area of Instability,rather than one or two large singular events and some isolated triggering mechanism. Wenck's previous work at the Property indicates that the folllwing interrelated factors are contributing to the existing instability and risk of continued instability: • Soil Stratigraphy.The glacial outwash/glacial till interface is a natural barrier for trapping groundwater. Furthermore,this interface also appears to be tipping slightly towards the face of the slope,where it intersects the slope slightly above the vertical midpoint. • Groundwater.Continued groundwater seepage saturates and weakens surface soils,reduces resisting shear strength and increases driving stresses.Although annual and seasonal fluctuations are anticipated,groundwater appears to be present year round at the sand-clay interface and subsequently within the slope. This must be accounted for in the final design,to prevent future undermining of any corrective action that is limited in scope or areal extent. • Erosion.The existing scarp is unvegetated and is therefore prone to erosion from precipitation falling directly within this area and from nin-on from adjacent drainage areas. As soils erode away, particularly in the downslope areas,the failure will continue to progress. ■ Natural Site Topography and proximity of bearing structures.The natural slope is approximately 2H: 1V or slightly steeper.Unreinforced engineered slopes are generally constructed flatter to reduce the risk of instability and erosion, The Induced toads from the timber retaining wall and enclosed deck footing proximate to the crest of the slope add additional loading conditions that may exceed the natural slope's ability to support. 3.3 RISK TO ADJACENT PROPERTY/STRUCTURES Stability analysis indicates an imminent threat of failure of the timber retaining wall and enclosed deck. Modeling of a post-failure scenario of the timber retaining wall and enclosed deck indicates and a resulting increased risk to the residence because of the removal of a wedge of soil that is primarily a driving force of the failure. Under such circumstances the theoretical failure surface gets very near to the foundation of the residence and undermining of that foundation is possible,especially with continued progression of the slope failure that is occurring. 3-2 May 2013 r:wo,.,5]ep°rp ineL2.911157Nonstnin 4nclKr[wnli-Mor Report C.`L to trol r.p4n.457173.dnvr Wenck City_000135 4.0 Recommendations Our recommendations for remediation are twofold given the factors of safety determined and the potential consequences of such failure. First,a monitoring program,as described below should be implemented. Second,Wenck's recommended remediation should be implemented as soon as possible. 4.1 SITE MONITORING An imminent slope failure appears probable without intervention.Therefore,a site monitoring system is recommended to protect the Gallaghers. A set of 3-5 stakes with high visibility flagging should be installed along the top of the timber retaining wall with measurements taken to the nearest 3;of an inch from key points on the residence to monitor for movement. Also,any subsidence in the back yard area or cracking appearing in the soli that parallels the face of the timber retaining wall is cause for immediate concern that active movement is occurring. 4.2 SLOPE STABILIZATION It is our professional opinion that the failure of the slope has progressed to the point where Braun's recommended stabilization method(March 2012 Report)is n❑longer sufficient,The progression of the failure since Braun's observations indicates that correction of the lower portion of the slope must also be done to prevent undermining any corrective action taken. Wenck,and a contractor we met with an site in April 2013,believe that a combination of traditional slope reconstruction using riprap and helical anchors is a feasible and cost effective method of remediation. Wenck's recommended remediation is to install approximately 4 rows of helical anchors in the 20 feet immediately below the timber retaining wall and then to re-establish the original slope grade with angular riprap(riprap field stone would not be allowed). This riprap would then be vegetated by installing a mix of blown in compost/topsoil and then seeded with an appropriate grass mixture that doesn't require mowing. Long live stakes would be inserted at strategic locations as the construction progresses. Actual species selected would be determined at the time of construction and be based on local availability and consultation with a nursery. A conceptual sketch of this proposed stabilization method is shown on the figure on the next page. 4-1 May 2013 emei Eden',ewe 11157 blWI I,n tmWlle*XPK TtMI IppnrI 03n7tIV1Ml%pert esG r13.doa Wenck City_000136 Building •a`: Deck S r upA� ': >.. { Retaining Wall Sol!Anchors -- Upper iill - nlprep Lower rlll Riprap can be shuttled using a small bobcat or similar skid-steer type loader from the street to the approximate midpoint of the slope by going between the row of evergreens and the residence to the west of the Property. ❑iscussions with the Gallaghers suggest that this property owner would be amenable to granting a temporary construction easement provided appropriate restoration is completed. Riprap would then be placed from the toe of the slope upsiope,possibly with a geotextile underlayment, including filling in the previously discussed drainage way,to prevent further erosion and potential progressive slope failure of this area. In the area where the seepage outlets the face of the scarp, additional smaller riprap may be placed as a rock filter to prevent migration of fines,while still allowing flow In lieu of a geotextile filter. 1 he high hydraulic conductivity of the rack high enough that it would allow for continued seepage at the outwash/till interface to occur,and direct it towards the bottom of the slope, with no softening and subsequent slumping of soil,as the weight of the rock would hold the underlying soils in place. The progression of riprap filling in the existing scarp would serve as a working platform for small equipment,such as a mini-excavator or small bobcat and it is likely that some material would need to be hand placed. The helical anchors would be installed using a hydraulic torque driven installation head fitted on the end of a small excavator and would be advanced to a specified depth. Actual length,spacing,and diameter of the helical anchors would be determined during the design phase. Restoration would include a blown compost/topsoil mix to allow for a vegetated riprap slope,combined with live stakes that will eventually develop into shrub like plantings. Given that there is water seeping 4-2 May 2013 T19091 Eden Prennt13511151&WostBm Lon.-\rpaHV.rwl gcrurt 65.07131,FInitl rrpor_0.A733 doh., AdikWenck City_000137 along the slope,the likelihood of live stakes surviving and establishing themselves is high,provided appropriate installation methods are employed,Including planting soon after harvesting,keeping the ends wet and treating with the proper enzymes and fertilizers prior to planting. Ail other disturbed areas would be dressed with topsail,and seeded. Turf Reinforcement Mat(TRM),or erosion control blankets would be installed as appropriate. Wenck performed an analysis of the stability of this solution and determined that the factor of safety exceeds the recommended minimums. Wenck recommends that the City take whatever actions are necessary to comply with internal protocols and legal requirements to initiate construction as soon as possible. One method to accelerate the design/bid/build process would be to pursue the"Des€gn-Build"project delivery method,which allows construction without complete bid document preparation,and has been shown to be an effective means of reducing cost and time forconstruction. Another method would be to obtain quotes based on a less formal set of bid documents,such as 2-3 drawings and some brief technical specifications,rather than the typical set of detailed bid documents with the appropriate formal bidding procedures. If either method is employed,Wenck recommends that a larger than usual contingency be set aside. Wenck has made a preliminary estimate of the costs and believe the direct construction costs would be on the order of$100,000 to$250,000. 4.3 SLOPE DRAINAGE Roof and sump drains in the area should be fit with leaders made from corrugated polyethylene tubing and extended ail the way to the bottom of the slope to prevent erosion and possible subsequent localized softening of the slope,which could then lead to instability. 4.4 CONSTRUCTION QUALITY CONTROL We recommend having a qualified construction observer observe all work related to slope subgrade preparation and construction,The purpose of the observations is to evaluate any potential change in subsurface condition that would require field modification to the proposed design. 4-3 May 2013 r',ve$LHenPntdala55U tl6.,h,i k.oiol•mArhml i rl(MITI 31,4141,e VIZ7L3-dtOr .4MWenck City_000138 5.0 Qualifications 5.1 VARIATIONS IN SUBSURFACE CONDITIONS Our evaluation,analysis and recommendations were developed from Property observations and a limited amount of subsurface information,provided by others. It is not standard practice to collect soil samples continuously with depth,and therefore the interface between soil layers and their estimated thicknesses are inferred somewhat. Soil layer boundaries may also be gradual transitions,and can be expected to vary in depth,elevation and thickness away from the exploration locations. Variations in subsurface conditions,including the location and presence of groundwater,determined between exploration locations may not be revealed until additional exploration work is completed,or construction commences. If any such variations are revealed,our recommendations should be re- evaluated.Such variations could increase construction costs,and a contingency should be provided to accommodate them. Groundwater can also be expected to fluctuate in response to seasonal and annual factors such as precipitation events or extended arid periods. 5.2 STANDARD OF CARE In performing its services,Wenck used a degree of care and skill ordinarily exercised under similar circumstances by similar professionals working under similar circumstances in the same general geographic area and at the same time.No warranty,express or implied,is made, David M.Parenteau,P.E. Principal MN PE#41243 Rodney Ambrosie,P.E. Executive Vice President MN PE#18627 5-1 May 2013 :\0+Nr Ed.n Pz=rkA9511157 5Final Rrpon 0071AF1u rl r.•p411I 11,0"71 1 don Wench City_000139 Figures Site Map City_000140 . - - -- - - \ n IrWr / \ / w % % $ « \ '`. � � # . f I U#\g 7 �!�kk§ 2 % lR ~ $,i g. i ) / R ) ) § g 9 k{ § $ \$: > . ^� .• 2 2 /� . 2 � , 7 !k $ ] . ` J! -• ..! _ °:• 4 ` ~ i$�> « > . • I;: : : ' .mom y - % \ —a:- • � . I 3 �� w ± ¥ ± ` ,i. 0- a ■ / / & 7 } ± S O ! � I ) d 2 % F. ) No ,' k ' \ v § % « ƒ / \ \ f { 0 2 7 ! § $ 6 $ - §: \Of ' liN J Cit_000141 Appendix A Slope Stability Results City_000142 - m E 7 Q O\ L 0 a . N a - a a)a O d -O U C 0 N U , a a m o oa N s - Ol cii 0) ft j/ ! D U C7 n CCI fA *C 0 I 0 — o 0. O u 1 I 8 \ wir. 711' , - s I �1 - MO fT♦ 41O :4iT.. as �It 1•�i 1:441i •• y/1ii111: ^ N i.•4• 1.1 1:1••+:•i 41 M 14i413♦ r MOM Ikf 1F+ 0 i iiii'•1+'�+' � �.1V •••• CM m y*i••••••••••••N G I•i1••K.1.1 0 TO *f111 coi•••1\ _CCcll '•.1 f.1i141f1, •ti•i i�:i Y �•••444 i•:•i4 n] 1f}i•I f•1•t i��1i/11•i 1!.1•... C 1+1••Ii••i1% 0 F' .••••M.X. ••4•,QA1f M M i*,I.1 i i i -ii f11 4 J 0 '414:•:0••fi.•.•1•i uo o °5 .0 o m al CaN CIcN. m ._ ra ° x l I Y! — J 1 .1 I 1 r W('3 W o o n n m m m m n n (1SW i})uo!renaI City_000143 M \\ g m 2 p�\ L U \i 3 — o n. 0 d a 0 d -o c Ot UI i1Q L co Ta N _A r/ m o o o C I al f r C Q N —+ O f O_ ir / 0_ i f U I In N I �•••I•r•••I•i•4 4i I •Oaa•••i�a4�. , ♦4• ♦ia•rl 16a•1.4414 1:•.•.1,1� I r444/ .0•4•••••••1 I 0, WVIN 44i / A �•O/4:: *:1 I I ♦ a • .. o 1: _ •••aaaaf (�I/)CU • ar1.4 _ N '•i•JF•i`s i•4.: 0 C a •�•li4•.ih I I .6 1 J c Mi.:0a`aOa. a1 U ZO .4I;r4PJ�1 ya;: ,.. s 17 °' o •" 2 g dice ny a a " '0 ° I I I _1__— 1 I - I I I t I WC3W 0 0, 0 W I `n `' (lsw ID uo AeIa City_000144 LI T-" 1 \.. V 3 N a 0 — a o lij / d 1 O 'i •rel'i U al0 e. d m 01 Q m 6 d r N m 4) )Y co C N t .,� 0 ( o a i � `j 1 I - N S)1 v w o '.,-p'..-•-.r' I �i••ta•d••1+1�•i .••.•.•.i•.•••{1 — N i..•1�•!•••••-~1 a..❖••a.•11 }�•••�i•1:4❖••!1•a� I y.••••.••• C n +••:a 41:' a i.1 no • • IS a•kaair.' 9 d ` •...•a. r��1..., G J J •❖•• 1 iii+. `o a,d'i o Y O — CO a N c ct i 1 �a p.O • ` -- -- — • I I ,- —. r•W �' co '� om o o ^ M �� �. P. m m m P. r P. (-ISH}})uoi}ena13 City_000145 Robert Ellis From: Dave M. Parenteau[dparenteau@wenck.com] Sent: Monday,July 01,2013 7:41 AM To: Robert Ellis Cc: Ed A. Matthiesen; Rod W.Ambrosie;Jason M.Warne Subject: Bluestem lane project Robert, Ed Mathiessen,Jason Warne and I met with Ryan Sunram out at the site Saturday morning to evaluate current site conditions and the proposed repair. Due to the amount of rain over the last month or so, the failure area has grown significantly in width. Some areas are now 60'wide,and the seepage coming out of the face of the slope is more widespread and at a faster rate causing excessive softening of the lower reaches of the slope. The contractor was unable to place the riprap as originally proposed on the lower areas of the slope without equipment sliding towards the stream or without the rock being pushed into the saturated underlying soils. We discussed several options such as sheet pile,geotextile wrapped lightweight fill,or modifications to our current strategy. Sheetpile was discarded as there is no way to access this area with equipment capable of driving sheetpile to a sufficient depth,and there is the risk of vibration damage to the homes. Geotextile wrapped lightweight fill,such as tire shreds or wood chips was discarded due to concerns with long term stability and the ability to support subsequent riprap placement equipment. Timing was also factored in,as this is a much slower process and the material source(s)would have to be identified. We believe that with larger riprap(class IV)that the lower platform can be made stable,provided we increase the thickness of the riprap in that area. Once that lower platform is constructed,we recommend excavation and construction of a rock filled keyway immediately upslope of this initial working platform. We discussed potentially constructing one or two more of these"keyways"as the work progresses up the slope. The cost increase from the current Class III riprap to Class IV riprap is relatively minor("$5-$10/ton according to discussions with Ryan Sunram), however the total quantity of rock needed is expected to be nearly 2.5 times what was originally on the bid form due to this larger platform at the base and the larger affected area. We can work to reduce some of this overage,by shaping the riprap slightly concave across the repair area,however a large quantity increase is still expected. There is currently approximately 100 tons of class III riprap placed or on site and the contractor is securing a source of Class IV riprap this morning. We directed them to begin import of Class IV riprap. Please call me on my cell phone at your earliest convenience this morning(612 708 3735)to discuss how you would like to proceed at this point. Regards, Dave Parenteau,P.E.,Principal Wenck Associates Inc., 1800 Pioneer Creek Ctr., P.O. Box 249,Maple Plain, MN 55359-9000 www.wenck.com I doarenteau(thwenck.com I D 763.479.4243 I G 763.479.4200 I C 612.708.3735 125 City_000670 EXHIBIT H �� August 23,2013 CHANGE ORDER 1\4tt.1 l Project: Slope Stabilization 11157 Bluestein Lane Eden Prairie,Minnesota City Project No. I.C.#11-5083—Pb e 1 lope Stabilization To: Sunram Construction Inc. You are hereby directed to make the changes noted below in the contract. NATURE OF CHANGE TO CONTRACT 1. Furnish and Install Drain Tile 2. Fill Existing Cistern Structure(s) 3. Furnish and Install Angle Iron at Base of Timber Retaining Wall to Restrain Soil Beneath Lower Timber 4. Increase Geotextile Quantity 5. Increase Riprap Quantity 6. Increase Soil Anchor Quantity 7. Delete Rock Entrance 8. Delete Biolog ADD the following costs to the contract: 1I Unit Price ON Amount 1. Furnish and Install Drain Tile L.S. $2,500.00 1 $2,500.00 2. Fill Existing Cistern Structure(s) L.S. $1,000.00 1 $ 1,000.00 3. Furnish and Install Angle Iron at Base of Timber L.F. $50.00 50 $ 750.00 Retaining Wall to Restrain Soil Beneath Lower Timber S.F. $3.50 175 $612.50 4. Increase Geotextile Quantity 5. Increase Riprap Quantity Ton $71.50 608 $43,472.00 6. Increase Soil Anchor Quantity Each $750.00 6 $4,500.00 TOTAL ADDITIONS $52,834.50 REMOVE the following costs to the contract: Unit Unit Price Otv Amount 7. Rock Entrance L.S. $100.00 1 ($100.00) 8. Biolog L.F. $8.00 100 ($800.00) TOTAL DELETIONS ($900.00) ORIGINAL CONTRACT AMOUNT $76,450.00 TOTAL ADDITONS $52,834.50 TOTAL DELETIONS -$ 900.00 TOTAL CHANGE RESULTING FROM THIS CHANGE ORDER $51,934.50 TOTAL CONTRACT VALUE INCLUDING THIS CHANGE ORDER $128,384.50 THE ABOVE CHANGES ARE APPROVED: WENCK ASSOCIATES,INC. CITY OF EDEN PRAIRIE — � ---. -1074 By / (( By Project Engineer Public Works Director • Date August,23.2013 Date 23 (3 City_000315 EXHIBIT I 3 -� o n tD 10 N F+ 00 V O1 to A W N I� N I� G 00 y fD w W N 1 O tan O in • N w , 7 ID o D �. 0 .4 0 ^ 0 m IA ACD v j n O to 7 3 3 v ID ID m m m m � .' 9' fD 7 n .D 7• 'O S 7 7 7 3 3 3 3 3 N N 9 ID 3 U. in r► N •'! 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A W 71' f1 Ot F"' A 00 N V t00 A ONt ONO O ,-71' A V V tf1 t0 A I„t V Ol 0 yt O A • t0 1..n N 0 V 00 A 0 t0 V co 1� 01 O 0 O1 V t0 0 to)• Fr 01 F+ IA •+ O Ol F+ W t0 N A 0o) .4 N t00 et. •* Obt V t00 St N ... t0 O J 0 CO N t0 Ol In O I 0 O ID O City_000285 EXHIBIT J CITY COUNCIL AGENDA DATE: SECTION: Report of the Public Works Director November 18, 2014 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.E.1. Public Works Presentation of the Eden Prairie Pedestrian and Bicycle Plan Requested Action No action requested Synopsis The City of Eden Prairie was awarded a Hennepin County Community Transformation Grant through the Centers for Disease Control to develop a Pedestrian and Bicycle Plan. Community Design Group has been assisting the city on this effort. The plan has been recommended for adoption by the Planning Commission and Parks, Recreation and Natural Resources Commission. The plan can be found on-line at www.edenprairiepedbikeplan.org Background Information Over the past year the city has engaged the public through numerous meetings, listening sessions and an open house. We also received an impressive outpouring of comments and suggestions through our interactive website. This public engagement process helped develop a plan that considers the needs of walkers, runners and bikers at various levels of age and ability. Chapter 4 of the plan lists recommendations that are being made based on public comment and an analysis of existing conditions. This chapter makes five categorical recommendations which are: • Recommended Low-Stress Walking and Biking Network —Outlines where future trail, sidewalk and neighborhood slow streets should be considered. • Recommended On-Street Bicycle Lane Network—Outlines four routes for consideration of on-street bicycle lanes. • Priority Intersection/Crossing Improvements—Describes eight intersections for safety, convenience or comfort enhancements. • Priority Route Improvements—Outlines six corridors for trail installation consideration. • Southwest Light Rail Station Area Improvements—Outlines trail and sidewalk access improvements to light rail stations which are consistent with Hennepin County's Transitional Station Area Action Plan. Chapter 5 provides a toolbox of approaches, system components, and other considerations that can be deployed to address existing or future needs, leverage current city assets, or achieve success in carrying out the vision of the plan. This chapter contains a variety of tools which have been used in other communities, that may or may not be useful in Eden Prairie, but are included in the plan as a means of generating ideas when issues arise. The items within the toolbox are not specific recommendations for implementation, but rather a clearinghouse of approaches that could assist with enhancing the pedestrian and bicycle experience within our community. Attachments Prairie Pedestrian and Bicycle Plan CITY COUNCIL AGENDA DATE: SECTION: Old Business November 18, 2014 ITEM DESCRIPTION: DEPARTMENT/DIVISION: ITEM NO.: XIV.H.1. First reading of an Ordinance prohibiting Richard Rosow, City Attorney sampling of Tobacco-Related Products. Requested Action Move to: Approve first reading of an ordinance amending City Code Section 5.35,prohibiting the sampling of tobacco-related products. Synopsis This ordinance prohibits sampling of tobacco-related products in any establishment with a tobacco retail license and adds cigarettes to the definition of tobacco-related products. Background Information At the Council meeting on February 18,2014 the City Council considered several matters related to e cigarettes and hookah lounges. E cigarettes have surged in popularity but information and regulation have lagged behind. Therefore many cities have taken action to regulate e cigarettes. In addition, several neighboring cities have had issues related to hookah lounges. A hookah lounge is an establishment run much like a bar or café where patrons share shisha (flavored tobacco) or other similar products from a communal hookah or nargile or where patrons are served individual hookah pipes,that are smoked on site. As with e cigarettes there is very little existing regulation relating to hookah lounges. At the February 18,2014,meeting the Council approved the first reading of an ordinance requiring a tobacco license for the retail sales of e cigarettes and of an ordinance prohibiting the use of cigarettes in all locations the Minnesota Clean Indoor Air Act and the Eden Prairie Smokefree Air Ordinance of 2002 prohibit the smoking of tobacco. At the meeting on March 4,2014,the Council approved the second reading and adopted both ordinances. In addition, at the February 18, 2014, meeting the Council adopted a one-year moratorium on hookah, e cigarette and related lounges. The moratorium adopted by the Council prohibited the establishment of any such lounge in the City to allow the City time to study the issue. The attached memorandum details the study we have compiled in regards to this matter. Attachments • Memorandum • Ordinance CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2014 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE SECTION 5.35 AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 5.99 WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS: Section 1. City Code Chapter 5, Section 5.35, Subd. 2 D is hereby amended by adding the word "cigarettes,"before the word"cigars" in line 4 and deleting the following phrase "; but does not include cigarettes as defined in this section" from line 7. Section 2. City Code Chapter 5, Section 5.35, Subd. 5 is hereby amended by deleting the title "Prohibited Sales" and replacing it with the title "Prohibited Acts". Section 3. City Code Chapter 5, Section 5.35, Subd. 5 is hereby amended by inserting D as follows: D. Smoking for the purposes of sampling tobacco-related products is prohibited. It shall be unlawful for any person to light, inhale, or exhale tobacco-related products within the indoor area of any establishment licensed under this Section, or for any person to allow the same. Section 4. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 5.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety,by reference, as though repeated verbatim herein. Section 5. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the day of , 2014, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of , 2014. Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor Published in the Eden Prairie News on the day of , 2014. GREGERSON, ROSOW, JOHNSON & NILAN, LTD. ATTORNEYS AT LAW DAVID H.GREGERSON* 650 THIRD AVENUE SOUTH ROBERT I.LANG(1922-2012) RICHARD F.ROSOW+ SUITE 1600 ROGER A.PAULY(RETIRED) MARK J.JOHNSON*1 JOSEPH A.NILAN*t MINNEAPOLIS,MINNESOTA 55402-4337 #Also admitted in Illinois DANIEL R.GREGERSON* TELEPHONE:(612)338-0755 *Also admitted in Wisconsin JOSHUA A.DOROTHYt FAX:(612)349-6718 tAlso admitted in North Dakota EMERIC J.DWYER WWW.GRJN.COM +MSBA Board Certified Real Property Specialist SARAH E.SCHWARZHOFF DANIEL A.ELLERBROCK# JENNIFER M.SPALDING Writer's Direct Dial: 612-436-7472 T.JAMEs POWER Writer's E-mail: sschwarzhoff@grjn.com MARGARET L.EVAVOLD MEMORANDUM To: Eden Prairie City Council From: Richard Rosow and Sarah Schwarzhoff Date: October 6, 2014 Re: Hookah and E-Cigarette Lounge Moratorium Generally there are 3 areas of regulation relating tobacco and e cigarettes (1) licensing; (2) smoking prohibitions; and(3) lounges. Licensing The City has already incorporated e cigarettes into its tobacco licensing ordinance. Retailers must obtain a tobacco license to sell e cigarettes. Smoking Prohibition The City has already amended its smokefree ordinance to prohibit the smoking e cigarettes in all areas where the smoking of tobacco is prohibited by the Eden Prairie Smokefree Air Ordinance of 2002 and the Minnesota Clean Indoor Air Act. Lounges At the Council meeting on February 18, 2014 the Council adopted a moratorium on hookah, e cigarette and related lounges. The MN Clean Indoor Air Act excepts "sampling" from the its prohibitions against smoking. Sampling is not defined. Tobacco shops and hookah lounges have used this exception for sampling in a broad manner to permit smoking in retail locations. These establishments are generally licensed as tobacco retail shops and treat all smoking within the shop as "sampling". This has led to issues in neighboring cities where the city ordinances are not sufficient to address this lounge type of use. We have reviewed various MN cities to determine what approaches have been taken in regards to hookah and e cigarette lounges. There are four major approaches. Those approaches are set forth below and we have copies of the referenced ordinances for review. 1. The City can prohibit all indoor smoking including sampling. This would prohibit all sampling in all businesses that sell tobacco including lounges and tobacco shops. The City could apply this prohibition only to tobacco, only to e cigarettes or to both. Cities who have taken this approach generally place a prohibition against sampling in the tobacco licensing code. • Roseville—prohibits all indoor smoking • Faribault—prohibits all sampling • Shoreview—prohibits all smoking in indoor tobacco shops • Hopkins—prohibits all smoking in retail establishments • St. Louis Park—prohibits sampling in tobacco shops • St Anthony—Licensing includes all types of tobacco; prohibits all sampling and use in all retail stores (does not state e cigarettes but if it contains tobacco it would be covered) • Arden Hills—no smoking in retail stores, sampling prohibited • Oakdale -no smoking in retail stores, sampling prohibited • Shakopee—no smoking in retail stores, except for sampling of electronic delivery devices (e cigarettes) • Savage— at a recent workshop directed an ordinance be drafted which would prohibit all smoking in retail stores and prohibit sampling 2. The City can limit lounges by prohibiting all indoor smoking and sampling unless the person purchases the item at the retail store at the time of the smoking or sampling. This would prohibit lounges unless the person bought an item each time. This limits the use of lounges as it can become expensive for a person to purchase an item each time they enter the lounge. Again, this could be applied to only tobacco, only e cigarettes or both. • Minneapolis — licensing includes all types of tobacco, prohibits sampling in a tobacco products shop licensed under the code except for a bona fide sale of a smoking device; prohibits providing an indoor seating area for a fee or other consideration 3. The City can permit lounges (tobacco, e cigarette or both) but regulate them through licensing. The City can either amend its tobacco licensing ordinance or adopt a new ordinance which includes regulations specifically directed at this lounge type of use. • Burnsville—Imposes regulations on shops that allow sampling—size, ventilation etc. 4. The City can take no action, which will permit the continuation of both tobacco and e cigarette sampling and lounges with no regulation. • Many cities have not taken any action on hookah or e cigarette lounges. These cities may have determined that the lounges do not need regulation, they may be waiting for the State to take action, or they may not have had any issues at this point. • Columbia Heights — adopted moratorium for smoke shops on May 1, 2014, the moratorium expires October 12, 2014, they are considering licensing type regulations • Prior Lake—adopted a moratorium on lounges, no action taken yet