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HomeMy WebLinkAboutCity Council - 03/03/2015 AGENDA CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY, MARCH 3, 2015 CITY CENTER 5:00 – 6:25 PM, HERITAGE ROOMS 6:30 – 7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Nancy Tyra-Lukens, Council Members Brad Aho, Sherry Butcher Wickstrom, Kathy Nelson, and Ron Case CITY STAFF: City Manager Rick Getschow, Police Chief Rob Reynolds, Fire Chief George Esbensen, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, Communications Manager Joyce Lorenz, City Attorney Ric Rosow, and Recorder Lorene McWaters Workshop - Heritage Room II I. SWLRT Open Podium - Council Chamber II. OPEN PODIUM A. POINT OF SALE ORDINANCE 1. BETSY GALL 2. PAT FUCILE III. ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, MARCH 3, 2015 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Council Members Brad Aho, Sherry Butcher Wickstrom, Kathy Nelson, and Ron Case CITY STAFF: City Manager Rick Getschow, Public Works Director Robert Ellis, City Planner Julie Klima, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, City Attorney Ric Rosow and Council Recorder Jan Curielli I. CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. PROCLAMATIONS / PRESENTATIONS A. DONATION FROM EDEN PRAIRIE SMILES (Resolution) V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, FEBRUARY 17, 2015 B. CITY COUNCIL MEETING HELD TUESDAY, FEBRUARY 17, 2015 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. CLERK’S LICENSE LIST B. AMEND PUD AND DEVELOPMENT AGREEMENT FOR THE APARTMENTS AT CITY WEST by City of Eden Prairie. Second reading of the Ordinance for Planned Unit Development Amendment with waivers on 13.5 acres and Zoning District Amendment on 13.5 Location: 6418, 6425 and 6434 City West Parkway. (Ordinance for PUD District Amendment with waivers and Zoning District Amendment in the RM-2.5 Zoning District) C. AWARD CONTRACT FOR RELOCATION AND CONSTRUCTION OF NEW GARDEN ROOM ENTRANCE ON MAIN FLOOR OF THE CITY CENTER BUILDING TO GARDNER BUILDERS CITY COUNCIL AGENDA March 3, 2015 Page 2 D. AWARD CONTRACT FOR 2015 STREET SWEEPING TO RELIAKOR SERVICES, INC. E. APPROVE A CONTRACT WITH ELECTRICAL INSTALLATION AND MAINTENANCE COMPANY TO UPGRADE ELECTRICAL EQUIPMENT IN WELLS NO. 11 AND NO. 13 F. APPROVE CHANGE ORDER NO. 2 FOR SHADY OAK ROAD NORTH G. ADOPT RESOLUTION APPROVING PARTICIPATION OF HENNEPIN COUNTY HOUSING AUTHORITY IN EDEN PRAIRIE AFFORDABLE HOUSING PROJECTS (7004 SPRING HILL CIRCLE) H. APPROVE COOPERATIVE AGREEMENT WITH HENNEPIN COUNTY HOUSING AND REDEVELOPMENT AUTHORITY TO FURTHER THE GOALS OF THE SOUTHWEST CORRIDOR INVESTMENT FRAMEWORK IX. PUBLIC HEARINGS / MEETINGS A. HIGH POINT AT RILEY CREEK 2ND by DR Horton. Request for Zoning District Change from Rural to R1-13.5 on 5.35 acres and Preliminary Plat into 10 lots, 3 out lots and road right of way on 5.35 acres. Location: 16540 Beverly Drive. (Ordinance for Zoning District Change from Rural to R1-13.5; Resolution for Preliminary Plat) B. 2015 CDBG FUNDING RECOMMENDATIONS (Resolution) X. PAYMENT OF CLAIMS XI. ORDINANCES AND RESOLUTIONS A. RECIND FIRST READING OF POINT OF SALE ORDINANCE XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS A. COMMISSIONS B. BOARD OF APPEAL & EQUALIZATION C. BOARD & COMMISSION CHAIRS AND VICE CHAIRS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER CITY COUNCIL AGENDA March 3, 2015 Page 3 C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT ANNOTATED AGENDA DATE: March 3, 2015 TO: Mayor and City Council FROM: Rick Getschow, City Manager RE: City Council Meeting for Tuesday, March 3, 2015 ___________________________________________________________________________________________ TUESDAY, MARCH 3, 2015 7:00 PM, COUNCIL CHAMBER I. CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION Open Podium is an opportunity for Eden Prairie residents to address the City Council on issues related to Eden Prairie city government before each Council meeting, typically the first and third Tuesday of each month, from 6:30 to 6:55 p.m. in the Council Chamber. If you wish to speak at Open Podium, please contact the City Manager’s office at 952.949.8412 by noon of the meeting date with your name, phone number and subject matter. If time permits after scheduled speakers are finished, the Mayor will open the floor to unscheduled speakers. Open Podium is not recorded or televised. If you have questions about Open Podium, please contact the City Manager’s Office. IV. PROCLAMATIONS / PRESENTATIONS A. DONATION FROM EDEN PRAIRIE SMILES (Resolution) Synopsis: Eden Prairie Smiles will donate to the following programs for a total of $5,000: • Arts in the Park • Hometown Celebration July 3rd and 4th • Starring at Staring Concert Series • KidStock Concert Series • Halloween on the Mall Eden Prairie Smiles will be recognized as a Platinum sponsor for each of these events. MOTION: Move to adopt the resolution accepting the donation from Eden Prairie Smiles for $5,000 for Parks and Recreation special events. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Move to approve the agenda. VI. MINUTES MOTION: Move to approve the following City Council minutes: A. COUNCIL WORKSHOP HELD TUESDAY, FEBRUARY 17, 2015 B. CITY COUNCIL MEETING HELD TUESDAY, FEBRUARY 17, 2015 ANNOTATED AGENDA March 3, 2015 Page 2 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR MOTION: Move approval of items A-H on the Consent Calendar. A. CLERK’S LICENSE LIST B. AMEND PUD AND DEVELOPMENT AGREEMENT FOR THE APARTMENTS AT CITY WEST by City of Eden Prairie. Second reading of the Ordinance for Planned Unit Development Amendment with waivers on 13.5 acres and Zoning District Amendment on 13.5 Location: 6418, 6425 and 6434 City West Parkway. (Ordinance for PUD District Amendment with waivers and Zoning District Amendment in the RM-2.5 Zoning District) C. AWARD CONTRACT FOR RELOCATION AND CONSTRUCTION OF NEW GARDEN ROOM ENTRANCE ON MAIN FLOOR OF THE CITY CENTER BUILDING TO GARDNER BUILDERS D. AWARD CONTRACT FOR 2015 STREET SWEEPING TO RELIAKOR SERVICES, INC. E. APPROVE A CONTRACT WITH ELECTRICAL INSTALLATION AND MAINTENANCE COMPANY TO UPGRADE ELECTRICAL EQUIPMENT IN WELLS NO. 11 AND NO. 13 F. APPROVE CHANGE ORDER NO. 2 FOR SHADY OAK ROAD NORTH G. ADOPT RESOLUTION APPROVING PARTICIPATION OF HENNEPIN COUNTY HOUSING AUTHORITY IN EDEN PRAIRIE AFFORDABLE HOUSING PROJECTS (7004 SPRING HILL CIRCLE) H. APPROVE COOPERATIVE AGREEMENT WITH HENNEPIN COUNTY HOUSING AND REDEVELOPMENT AUTHORITY TO FURTHER THE GOALS OF THE SOUTHWEST CORRIDOR INVESTMENT FRAMEWORK IX. PUBLIC HEARINGS / MEETINGS A. HIGH POINT AT RILEY CREEK 2ND by DR Horton. Request for Zoning District Change from Rural to R1-13.5 on 5.35 acres and Preliminary Plat into 10 lots, 3 out lots and road right of way on 5.35 acres. Location: 16540 Beverly Drive. (Ordinance for Zoning District Change from Rural to R1-13.5; Resolution for Preliminary Plat) Synopsis: This is for a new 10 lot single family subdivision. The applicant has requested to postpone the item so details could be worked out on the project. The City will republish the request and mail new resident notices once the public hearing is rescheduled. The 120-Day Review Period Expires on May 31, 2015. The Planning Commission voted 6-0 to recommend approval of the project at the January 26, 2015, meeting. ANNOTATED AGENDA March 3, 2015 Page 3 B. 2015 CDBG FUNDING RECOMMENDATIONS (Resolution) Official notice of this public hearing was published in the January 29, 2015, Eden Prairie News. Synopsis: CDBG allocation to be $227,139. The regulations stipulate that public service funding may not exceed 15 percent of the City’s total allocation ($227,139), plus 15 percent of the previous year’s program income. The Human Services Review Committee reviewed the 2015 CDBG proposals and recommended the following activities be funded. The discussion of how to distribute the 2015 CDBG funds through the Human Services Review Committee included a complete review of all “Request for Funding” applications and the distribution percentage of funds in 2014. The Committee’s goals were to have the best and highest use of these funds for human services that demonstrated the most direct benefit to the community. MOTION: Move to adopt the Resolution approving the use of 2015 CDBG funds as recommended by the Eden Prairie Human Services Committee. X. PAYMENT OF CLAIMS XI. ORDINANCES AND RESOLUTIONS A. RECIND FIRST READING OF POINT OF SALE ORDINANCE Synopsis: The proposed Point of Sale ordinance is a component of a multi-pronged approach to establishing community wide maintenance standards for buildings in the City of Eden Prairie. The vision is to proactively develop and implement property maintenance codes to: • Decrease the risk of blight • Decrease the concentration of crime • Keep peace within neighborhoods • Maintain property values # Human Services Activity Funding Level County Priority % of Allocation 1 PROP Housing Support Services $19,000 High 10% 2 YMCA Child Care Subsidy $11,000 High 6% 3 HOME (Household & Outside Maintenance for the Elderly) $9,000 High 4% 4 CAPSH (Emergency Vehicle Repair) $15,000 High 7% Subtotal $54,000 Housing Activities Funding Level County Priority 5 Housing Rehabilitation Deferred Loan Program $90,869 High 32% 6 Affordable Housing - WHAHLT $55,000 High 28% 7 Fair Housing Initiative $2,270 High 1% 8 Program Administration $25,000 High 12% Grand Total $227,139 ANNOTATED AGENDA March 3, 2015 Page 4 The intent for implementing property maintenance codes, such as the Point of Sale ordinance, is to proactively protect the City’s housing stock prior to the emergence of significant property maintenance issues in our community. While this is still our philosophy, it is apparent from the feedback we have received that the community does not feel the condition of our existing housing stock has met the threshold for implementing such an ordinance at this time. Staff is therefore recommending that the proposed Point of Sale ordinance brought before you for a first reading at the Feb. 3, 2015, City Council meeting be rescinded. We further recommend that you direct staff to continue soliciting public input to explore the use of other tools, including those previously adopted, to help ensure minimum maintenance standards for all homes in our community and report those findings to the City Council – the purpose of the minimum maintenance standards being: • Enhancing the supply of safe, sanitary and adequate housing • Preventing deterioration of the overall housing stock • Protecting the general health, safety and public welfare of our residents MOTION: Move to rescind the approval of the first reading of an ordinance amending City Code Chapter 9 by adding Section 9.17 relating to Point of Sale inspections. XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS A. COMMISSIONS Synopsis: The City Council hosted Commission interviews on Wednesday, February 24, 2015. There were 9 to 16 openings due to expiration of terms and resignations. The City received 21 applications - 17 from new applicants and 4 from commissioners reapplying for positions. All terms will begin on April 1. A required orientation session for new commissioners will be held on Tuesday, March 24. MOTION: Move to: Appoint to the Conservation Commission Amanda Anderson, Leanne Ashley and Gena Gerard with terms ending March 31, 2018; AND Appoint to the Flying Cloud Airport Advisory Commission Bob Barker, Kurt Schendel and Joseph Sutila with terms ending March 31, 2018; and Victoria Price with a term ending March 31, 2016; AND Appoint to the Heritage Preservation Commission Tara Kalar, Steven Olson and Paul Thorp with terms ending March 31, 2018; AND Appoint to the Human Rights and Diversity Commission Sandra Filardo and Gregory Leeper with terms ending March 31, 2018; AND ANNOTATED AGENDA March 3, 2015 Page 5 Appoint to the Planning Commission Ed Farr and Travis Wuttke with terms ending March 31, 2018 B. BOARD OF APPEAL & EQUALIZATION Synopsis: The Council appointed Lyndon Moquist, Todd Walker and Annette O’Connor at the November 18, 2014, meeting to satisfy the requirement to certify by December 1 of the year prior to the 2015 Board meeting that at least one member had the required training. These two additional proposed members for Council approval are experienced real estate professionals with extensive knowledge of the Southwest metro area. With the appointment of Nate Thompson (Edina Realty) and Denise Kraemer (Edina Realty) the Board will be fully staffed for 2015. MOTION: Move to appoint to the Board of Appeal and Equalization Nate Thompson and Denise Kraemer for the period of March 1, 2015, through May 31, 2015, or until the Board of Appeal and Equalization completes its work. C. BOARD & COMMISSION CHAIRS AND VICE CHAIRS Synopsis: Chairs and Vice Chairs are appointed annually by the City Council following the appointment of members to City Commissions. The City Council hosted Commission interviews on Tuesday, February 24, and determined Chair and Vice Chair assignments for the period of April 1, 2015, through March 31, 2016. MOTION: Move to: Appoint Lyndon Moquist - Chair and Annette O’Connor - Vice Chair of the Board of Appeal & Equalization; AND Appoint Greg Olson - Chair and Laura Jester- Vice Chair of the Conservation Commission; AND Appoint Keith Tschohl – Chair and Caryl Hansen Vice Chair of the Flying Cloud Airport Advisory Commission; AND Appoint Steven Olson - Chair and Ed Muehlberg- Vice Chair of the Heritage Preservation Commission; AND Appoint Sandra Filardo - Chair and P.G. Narayanan - Vice Chair of the Human Rights and Diversity Commission; AND Appoint Larry Link - Chair and Deborah McBride - Vice Chair of the Parks, Recreation and Natural Resources Commission; AND ANNOTATED AGENDA March 3, 2015 Page 6 Appoint Jon Stoltz - Chair and John Kirk - Vice Chair of the Planning Commission. 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 F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Move to adjourn the City Council meeting. CITY COUNCIL AGENDA SECTION: Report of the Parks and Recreation Director DATE: March 3, 2015 DEPARTMENT/DIVISION: Jay Lotthammer, Director, Parks and Recreation ITEM DESCRIPTION: Donation from Eden Prairie Smiles for Parks and Recreation Special Events ITEM NO.: IV.A. Requested Action Move to: Adopt the resolution accepting the donation from Eden Prairie Smiles for $5,000 for Parks and Recreation special events. Synopsis Eden Prairie Smiles will donate to the following programs for a total of $5,000: • Arts in the Park • Hometown Celebration July 3rd and 4th • Starring at Staring Concert Series • KidStock Concert Series • Halloween on the Mall Eden Prairie Smiles will be recognized as a Platinum sponsor for each of these events. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2015- RESOLUTION RELATING TO ACCEPTANCE OF GIFTS BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT: The gift to the City in the amount of $5,000 to be used for Parks and Recreation Special Events from Eden Prairie Smiles is hereby recognized and accepted by the Eden Prairie City Council. Eden Prairie Smiles will donate to the following programs for a total of $5,000: Arts in the Park Hometown Celebration July 3rd and 4th Starring at Staring Concert Series KidStock Concert Series Halloween on the Mall ADOPTED by the City Council of the City of Eden Prairie this 3rd day of March, 2015. ___________________________ Nancy Tyra-Lukens, Mayor ATTEST: ___________________________ Kathleen Porta, City Clerk UNAPPROVED MINUTES CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY, FEBRUARY 17, 2015 CITY CENTER 5:00 – 6:25 PM, HERITAGE ROOMS 6:30 – 7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Nancy Tyra-Lukens, Council Members Brad Aho, Sherry Butcher Wickstrom, Kathy Nelson, and Ron Case CITY STAFF: City Manager Rick Getschow, Police Chief Rob Reynolds, Fire Chief George Esbensen, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, Communications Manager Joyce Lorenz, City Attorney Ric Rosow, and Recorder Lorene McWaters Workshop - Heritage Room II I. VEGETATION MANAGEMENT PLANS FOR MITCHELL AND RED ROCK LAKES Joe Bischoff gave a presentation on the aquatic vegetation management study Wenck Associates Inc. completed for Red Rock and Mitchell Lakes. The objective of the project was to develop an aquatic plant control program that defines problems, identifies quantifiable management goals, and offers actions that can be taken to improve lake conditions. The study found that overabundance of submerged aquatic vegetation is negatively affecting a variety of lake uses including swimming, navigational access, fishing and aesthetics. Bischoff said that two main invasive species have been identified in Red Rock and Mitchell -- Curlyleaf Pondweed and Eurasian Watermilfoil Of the two, Curlyleaf Pondweed is more prevalent. The study also found that species diversity is limited in the lakes. Bischoff noted that DNR regulations do not allow for aquatic plant control for aesthetic purposes. Mechanical control (harvesting) is not allowed to exceed 50% of the littoral area of a lake. Herbicide use is limited to 15% of the littoral area of a lake. Management of “natives” for recreational purposes requires a plant management plan. In addition, Mitchell Lake is classified as a Natural Environment Lake, which requires a variance in order to use herbicides. Property owners are currently allowed to cut a 2,500 ft. swimming area and a 15 ft. channel to open water. Bischoff said the recommended vegetation management plan includes activities aimed at managing invasive species (targeted herbicide application once a year) and increasing recreational uses (mechanical harvesting several times a year). Bischoff reviewed a matrix outlining the costs of the various alternatives. ITEM NO.: VI.A. City Council Workshop Minutes February 17, 2015 Page 2 Bischoff noted that the costs presented are “worst case scenario,” because less management may be required once the invasives are brought under some degree of control. Ellis said the watershed district is partnering with the city to implement the plan’s recommendations. The watershed district is planning to complete herbicide treatments on the invasive species, and the city is planning to complete mechanical harvesting for recreational purposes and invasive management. Ellis indicated that only two years of recreational harvesting has been budgeted, because they want to see if the effort is effective before committing for future years. Stovring said some of the lake associations have indicated they may be willing to contribute toward the costs of the program. Ellis asked for input from the City Council on the proposed measures. There was general support for moving forward with two years of management activities, with an analysis and report back to the City Council after each season. Council Member Nelson wondered if the lake associations could establish a shoreland district to contribute funds toward the lake management programs. Bischoff said this presentation has been given to the lake associations, and it was presented to the watershed district. Council Member Aho asked if the lake associations feel the proposed program is aggressive enough. Bischoff said he felt the lake associations were generally positive about the proposal. II. WATER PROGRAM UPDATES Ellis provided several water-related updates. City Council Workshop Minutes February 17, 2015 Page 3 No-Wake Ordinance Staff is recommending that the City Council adopt an ordinance that triggers no-wake restrictions when water levels reach a certain point in Bryant, Riley and Staring Lakes. This would allow the City to implement a no-wake order without first getting State approval, as was the case during the heavy storms of last summer. Staff plans to hold a public hearing on the proposed ordinance on March 3, and the ordinance will then be sent to the DNR for review. Upon DNR approval, the City Council can formally adopt the ordinance. Stormwater Permit Update The MPCA issued a new stormwater permit to the City effective 2013 to 2018. The permit includes new requirements, a number of which are due by April 2015. Some of the new requirements are: • Post-Construction Stormwater Management Program • Source Water Protection Area Plan • Illicit Discharge Detection and Response Plan • Priority Area Identification • Emergency Response Program • High Priority Education Topic Identification • Facilities Inventory Ellis said staff will be bringing these items before the Planning Commission on March 23. The first reading will take place at the April 21 Council Meeting, and the second reading will be on May 19. Local Water Management Plan Update The City’s Local Water Management Plan must be updated in response to our new stormwater permit and also due to the Riley-Purgatory-Bluff Creek Watershed District’s update. The City will hold an open house on the draft plan, which will be also be presented to the Conservation Commission for input. The plan will also be posted as a topic on City Connect. The draft plan will be submitted to the Metropolitan Council and the City’s watershed districts for comment and approval. Staff plans to present the plan to the City Council for adoption later in the fall. Any resulting ordinance changes would be made after the final plan is adopted. Open Podium - Council Chamber III. OPEN PODIUM A. POINT OF SALE ORDINANCE 1. DONNA AZARIAN Azarian asked why the City Council feels the City needs a point of sale ordinance. She said prospective home buyers have the option of having a private inspection completed, and the State has strict codes. She asked if the City will have to hire an inspector if the ordinance is passed. She asked what interest would be achieved with the ordinance. She said many safeguards already exist that protect both buyers and sellers of homes. She City Council Workshop Minutes February 17, 2015 Page 4 said this type of legislation should be addressed by the state legislature. She said the City should leave residents alone and stay out of their homes. 2. ROXANN JOHNSON Johnson said the proposed ordinance makes her feel like she can’t be trusted to buy or sell her own home. She said a realtor disclosure already has to be signed when a home is sold, and buyers can get their own inspections. She asked how the ordinance would affect entrepreneurs who purchase homes with the intent of upgrading them for resale. She also asked how the ordinance would affect townhome owners. She said she feels like government is intruding on individuals’ lives at all levels. She said the government needs to trust people to keep up their own homes. 3. HOWARD PEARLMAN Pearlman asked how the proposed ordinance will protect the City. He also asked what is more important than individual property rights. He said every impediment to the sale of a property reduces the value of the property, especially when the state already requires disclosures. 4. JEFFREY SIMON Simon said he has lived in Eden Prairie since 1999. He opposes the proposed point of sale ordinance because he believes it falls into the category of government overreach. He fears the ordinance would have unintended consequences. He asked whether or not a property owner would have to bring their home up to code if they did not end up selling it. 5. BRIAN WEISSNER He said this is the first time realtors have heard about the proposed ordinance. They have not been brought into the process. He said there are other ways to solve the issues. He feels the City has avoided having open discussion. He said cities that have these types of ordinances are different from Eden Prairie demographically, and Eden Prairie does not need such an ordinance. 6. NANCY GALLMAN She said she takes the proposed ordinance as an insult. She said everyone she knows in Eden Prairie takes pride in their home. She cannot understand why the City feels it needs to do this. She said there are not a lot of homes that are run down. 7. ELISSA SIMON Simon said the proposed ordinance is disrespectful. She said people in Eden Prairie can be trusted to take charge of the sale of their own homes. IV. ADJOURNMENT UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, FEBRUARY 17, 2015 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 Dan Gregerson, and Council Recorder Jan Curielli I. CALL THE MEETING TO ORDER Mayor Tyra-Lukens called the meeting to order at 7:00 PM. Council Member Case was absent. II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS / PRESENTATIONS V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Tyra-Lukens added Items XIV.A. 1 and 2. MOTION: Butcher Wickstrom moved, seconded by Aho, to approve the agenda as amended. Motion carried 4-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, FEBRUARY 3, 2015 MOTION: Aho moved, seconded by Nelson, to approve the minutes of the Council workshop held Tuesday, February 3, 2015, as published. Motion carried 4-0. B. CITY COUNCIL MEETING HELD TUESDAY, FEBRUARY 3, 2015 MOTION: Nelson moved, seconded by Butcher Wickstrom, to approve the minutes of the City Council meeting held Tuesday, February 3, 2015, as published. Motion carried 4-0. ITEM NO.: VI.B. CITY COUNCIL MINUTES February 17, 2015 Page 2 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. CLERK’S LICENSE LIST B. APPROVE SECOND READING OF ORDINANCE NO. 1-2015 AMENDING CITY CODE CHAPTER 5 RELATING TO REGULATION OF PEDDLERS, SOLICITORS AND TRANSIENT MERCHANTS AND ADOPT RESOLUTION NO. 2015-28 APPROVING PUBLICATION OF SUMMARY ORDINANCE C. APPROVE CONTRACT WITH KEYS WELL DRILLING COMPANY TO SERVICE PUMP EQUIPMENT IN WELLS NO. 11 AND NO. 13 AND INSTALL NEW FLOW METER PUMPING SYSTEM COMPONENTS D. AWARD CONTRACT TO ST. CROIX ENVIRONMENTAL SERVICES, FOR WELL 11 & 13 REHABILITATION WORK E. AWARD CONSTRUCTION CONTRACT FOR BITTERSWEET DRIVE CULVERT REHABILITATION TO INSITUFORM TECHNOLOGIES USA, LLC F. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH WENCK ASSOCIATES, INC. FOR PURGATORY CREEK BANK STABILIZATION NEAR PURGATORY ROAD G. DECLARE OBSOLETE EQUIPMENT AS SURPLUS AND AUTHORIZE THE CITY MANAGER TO DISPOSE OF THE PROPERTY H. AWARD CONTRACT FOR REPAIR OF RINK 1 HVAC AT COMMUNITY CENTER TO NORTHERN AIR CORPORATION I. ADOPT RESOLUTION NO. 2015-29 AUTHORIZING STAFF TO SUBMIT A FUNDING APPLICATION THROUGH HENNEPIN COUNTY’S TRANSIT ORIENTED DEVELOPMENT (TOD) PROGRAM FOR THE WEST 70TH STREET EXTENSION PROJECT MOTION: Butcher Wickstrom moved, seconded by Aho, to approve Items A-I of the Consent Calendar. Motion carried 4-0. IX. PUBLIC HEARINGS / MEETINGS A. RESOLUTION APPROVING MODIFIED TAX INCREMENT FINANCING PLAN, DISTRICT NO. 16, AND AMENDMENT NO. 4 TO THE PROJECT MANAGEMENT AGREEMENT CITY COUNCIL MINUTES February 17, 2015 Page 3 Getschow said this public hearing was continued from the January 20, 2015, meeting. Staff recommends continuing the public hearing to the March 31, 2015, meeting to allow time for continued negotiations with the developer on the length of the extension of the term for the affordable units. MOTION: Nelson moved, seconded by Butcher Wickstrom, to continue the public hearing on the resolution approving Modified Tax Increment Financing Plan, District No. 16, and Amendment No. 4 to the Project Management Agreement to the March 31, 2015, City Council Meeting. Motion carried 4-0. B. AMEND PUD AND DEVELOPMENT AGREEMENT FOR THE APARTMENTS AT CITY WEST by City of Eden Prairie. Request for Planned Unit Development Amendment with waivers on 13.5 acres and Zoning District Amendment on 13.5. Location: 6418, 6425 and 6434 City West Parkway. (Ordinance for PUD District Amendment with waivers and Zoning District Amendment in the RM-2.5 Zoning District) Getschow said with the recent construction associated with Shady Oak Road, the property owner of the City West Apartments and the City have been negotiating regarding additional property needed for easement areas resulting from the Shady Oak Trail construction project. The easement areas will impact parking on the northwest corner of the site. Two impacted parking stalls are able to be relocated and replaced to the east of their current location. Five potentially impacted parking stalls would be eliminated. The waiver to the parking requirement allows the site to remain in conformance with City approvals considering the results of the impacts from the expanded Shady Oak Trail project. The Planning Commission voted 6-0 to recommend approval of the project and waiver to the PUD at the January 26, 2015, meeting. Aho asked if the owner of the apartment complex was amenable to losing these parking stalls. Gregerson said they asked us to consider the waiver and we decided to go back and amend the PUD agreement to avoid potential property issues in the future. There were no comments from the audience. MOTION: Butcher Wickstrom moved, seconded by Aho, to close the public hearing, to approve first reading of the Ordinance for Planned Unit Development District Review with waivers and Zoning District Amendment within the RM 2.5 Zoning District on 13.5 acres, and to direct staff to prepare an amendment to the development agreement incorporating staff and commission recommendations and Council conditions. Motion carried 4-0. X. PAYMENT OF CLAIMS MOTION: Nelson moved, seconded by Aho, to approve the payment of claims as CITY COUNCIL MINUTES February 17, 2015 Page 4 submitted. Motion was approved on a roll call vote, with Aho, Butcher Wickstrom, 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. Letter from Cushman & Wakefield -- Mayor Tyra-Lukens Tyra-Lukens read portions of a letter she received from representatives of Cushman & Wakefield praising City staff who were involved with the leasing of the City Center to Supervalu. 2. City Award Program -- Mayor Tyra-Lukens Tyra-Lukens suggested the City consider implementing a City award for excellence in landscaping and lighting. Many cities have similar awards, such as the Community Image Award in Hopkins. The award could be given to a business, a multi-family residence or a residence for improvements to exterior landscaping, accessibility, lighting, signs or exterior building improvements. If the Council Members are interested, she suggested the idea be passed along to one of the commissions for further research and discussion. She expected it would be a very low cost program. Getschow noted the cost of the program in Hopkins was for staff time for a once-a-year contest and the award itself. Butcher Wickstrom said it would be a great way to get citizen engagement. The consensus of the Council Members was to implement such a program. B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR 1. Resolution No. 2015-30 Supporting Participation in the Open to Business Program Jeremiah said staff is recommending the City be involved in the Open to Business program again this year. The cost of the program is $5000 per year and is matched by Hennepin County. This is the fourth year we have participated in the program, and it continues to be a very successful program. Most of the information is given through the City's advertisements CITY COUNCIL MINUTES February 17, 2015 Page 5 on the website. In 2014 the program helped a total of 18 businesses in the City and 91jobs were retained or created through the program. Butcher Wickstrom commented she loves this home-grown effort and did not think it supplants any other small business program. She noted there are a very large percentage of businesses that are in individual homes. Jeremiah said we have calculated there are 2800 businesses in the City, and close to 30% of those are operated out of homes. She noted this year the program will be marketed more to the home businesses. MOTION: Aho moved, seconded by Nelson, to adopt Resolution No. 2015-30 supporting the City’s participation in the Open to Business program and committing to funding one half of the cost or $5,000. Motion carried 4-0. D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Butcher Wickstrom moved, seconded by Nelson, to adjourn the meeting. Motion carried 4-0. Mayor Tyra-Lukens adjourned the meeting at 7:20 PM. CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: March 3, 2015 DEPARTMENT/DIVISION: Christy Weigel, Police/ Support Unit ITEM DESCRIPTION: Clerk’s License Application List ITEM NO.: VIII.A. These licenses have been approved by the department heads responsible for the licensed activity. Requested Action Motion: Approve the licenses listed below Raffle Organization: The United States Air Force Academy Parents Club of MN Place: Olympic Hills Golf Club 10625 Mount Curve Road Date: April 25, 2015 - 1 - CITY COUNCIL AGENDA SECTION: Consent Agenda DATE: March 3, 2015 DEPARTMENT/DIVISION: Community Development/Planning Janet Jeremiah/Julie Klima ITEM DESCRIPTION: City West Apartments ITEM NO.: VIII.B. Requested Action Move to: • Approve 2nd Reading of the Ordinance for Planned Unit Development District Review with waivers and Zoning District Amendment within the RM 2.5 Zoning District on 13.5 acres; and • Approve the Development Agreement Amendment for City West Apartments. Synopsis This is final approval of the development agreement amendment allowing a waiver to the parking requirements. The waiver is a result of the Shady Oak Trail project. Attachments 1. Ordinance for PUD District Review 2. Summary Ordinance 3. Development Agreement APARTMENTS AT CITY WEST CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 2-2015-PUD-1-2015 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CERTAIN LAND WITHIN THE RM 2.5 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 RM 2.5 Zoning District 2-2015-PUD-1-2015 (hereinafter "PUD-1-2015-RM-2.5). Section 3. The City Council hereby makes the following findings: A. PUD-1-2015-RM-2.5is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-1-2015-RM-2.5 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-1-2015-RM-2.5are justified by the design of the development described therein. D. PUD-1-2015-RM-2.5 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 March 3, 2015, entered into between Park at City West Apartments, LLC, and the City of Eden Prairie, (hereinafter “Development Agreement”). The Development Agreement contains the terms and conditions of PUD-1-2015-RM-2.5, 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 RM 2.5 District and shall be included hereafter in the Planned Unit Development 1-2015-RM-2.5, 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 17th day of February, 2015, 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 3rd day of March, 2015. ATTEST: _____________________________ _______________________________ Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on__________________, 2015. EXHIBIT A PUD Legal Description Lot 8, Block 1, City West, Hennepin County, Minnesota Abstract and Torrens Certificate of Title No. 1188423 Lot 1, Block 1, City West Fourth Addition, Hennepin County, Minnesota Abstract and Torrens Certificate of Title No. 1188423 APARTMENTS AT CITY WEST CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 2-2015-PUD1 -2015 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 6418, 6425, and 6435 City West Parkway within the RM 2.5 Zoning District. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: __________________________ ________________________ Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on ______________________, 2015. (A full copy of the text of this Ordinance is available from City Clerk.) CITY WEST APARTMENTS SUPPLEMENT TO DEVELOPER'S AGREEMENT THIS SUPPLEMENT TO AGREEMENT, is made and entered into as of March 3, 2015, 2007, by PARK AT CITY WEST APARTMENTS LLC, hereinafter referred to as "Developer," its successors and assigns, and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City"; WHEREAS, Developer has applied to City for a PUD Amendment on 13.5 acres, all situated in Hennepin County, State of Minnesota, more fully described in Exhibit A, attached hereto and made a part hereof, and; WHEREAS, the parties desire to amend that certain Development Agreement between The Park at City West Limited Partnership and the City of Eden Prairie for The Park at City West, dated October 15, 1985, (hereinafter the "Development Agreement) attached hereto as Exhibit B, for the Property legally described in Exhibit A, attached hereto and made a part hereof, and depicted on the plans dated December 14, 2014, and made a part hereof; NOW THEREFORE, in consideration of the City adopting Ordinance No. ____, An Ordinance for Planned Unit Development District Review with waivers and Zoning District Amendment within the RM 2.5 Zoning District on 13.5 acres, Developer covenants and agrees as follows: 1. The following waiver has been granted through the PUD District Review for the property: A. Parking Requirements. Required surface parking stalls from 288 to 283. City Code requires 288 surface parking stalls. 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 ________________, 2015, 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 Park At City West Apartments, LLC By ________________________________ Its ________________________________ STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ____ day of ____________, 2015, by _______________________________________, the , of ________________, a _______________________, on behalf of the company. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 EXHIBIT A CITY WEST APARTMENTS Legal Description: Lo t 8, Block 1, City West, Hennepin County, Minnesota Abstract and Torrens Certificate of Title No. 1188423 Lot 1, Block 1, City West Fourth Addition, Hennepin County, Minnesota Abstract and Torrens Certificate of Title No. 1188423 CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: March 3, 2015 DEPARTMENT/DIVISION: Paul Sticha, Administration, Facilities ITEM DESCRIPTION: City Center Relocate Garden Room Entrance ITEM NO.: VIII.C. Requested Action Move to: Award the contract for relocation and construction of a new Garden Room Entrance on the main floor of the City Center building to Gardner Builders. Synopsis Base Bid Diversified Construction $75,332 Gardner Builders $68,931 RJ Marco Construction $89,579 Background Information During the process of leasing the vacancy in the building, our City leasing group agreed it would be prudent to move the Garden Room entrance to make the walk to the Garden Room more obvious for visitors and to improve the possibility of leasing a larger area where the Garden Room Entrance currently exists. Plans and specifications were prepared by Welsh Architecture. Quotes were received and verified with Gardner Builders being the low quote. Attachments • Contract • Drawing Standard Construction Contract This Contract (“Contract”) is made on the 3rd day of March, 2015, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Gardner Builders, a Minnesota Corporation (hereinafter "Contractor") whose business address is 527 Marquette Avenue, Suite 1033, Minneapolis, MN 55402. . 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 relocating and building a new Garden Room Entrance in the City Center building, hereinafter referred to as the "Work". The City and Contractor agree as follows: 1. Scope of Work/Proposal. The Contractor agrees to provide, perform and complete all the provisions of the Work in accordance with attached quote dated February 13, 2015. 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 June 30, 2015. 3. Compensation for Services. City agrees to pay the Contractor a fixed sum of $68,931.00 as full and complete payment for the labor, materials and services rendered pursuant to this Contract and as described in the attached quote. 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 the attached quote, 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 Korey Grant 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 completion of the Work and whether or not fabricated, installed or completed. The Contractor shall bear all costs of correcting such rejected Work. Standard Construction Contract 2014.01 Page 2 of 10 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) 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 Standard Construction Contract 2014.01 Page 3 of 10 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. Performance and Payment Bonds. Not applicable. 17. Subcontractor. The Contractor shall bind every subcontractor and every subcontractor shall agree to be bound by the terms of this Contract as far as applicable to its work, unless specifically noted to the contrary in a subcontract approved in writing as adequate by the City. The Contractor shall pay any subcontractor involved in the performance of this Contract within the ten (10) days of the Contractor's receipt of payment by the City for undisputed services provided by the subcontractor. If the Contractor fails within that time to pay the subcontractor any undisputed amount for which the Contractor has received payment by the City, the Contractor shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Contractor shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Contractor shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 18. Independent Contractor. Contractor is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Contract, who shall be employees, and under the direction, of Contractor and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Contractor an employee of the City. 19. Notice. Required notices to the Contractor shall be in writing, and shall be either hand- delivered to the Contractor, its employees or agents, or mailed to the Contractor by certified mail at the following address: Korey Grant Gardner Builders 527 Marquette Avenue Suite 1033 Minneapolis, MN 55402 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. 20. Insurance. a. General Liability. Prior to starting the Work, Contractor shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Contractor or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. b. Contractor shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker’s Compensation Statutory Limits Employer’s Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General Liability $1,500,000 property damage and bodily injury per occurrence $2,000,000 general aggregate $2,000,000 Products – Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (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. l. 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. 21. Indemnification. Contractor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Contract by Contractor, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Contractor, its agents, contractors and employees, relative to this Contract. City will indemnify and hold Contractor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 22. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Contract (“Information”) shall become the property of the City, but Contractor may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Contractor also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Contract does not relieve any liability on the part of the Contractor, but any use of the Information by the City or the Contractor beyond the scope of this Contract is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 23. Non-Discrimination. During the performance of this Contract, the Contractor shall not discriminate against any employee or applicant for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, 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. 24. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. 25. Audit Disclosure and Data Practices. Any reports, information, data, etc. given to, or prepared or assembled by the Contractor under this Contract which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. The books, records, documents and accounting procedures and practices of the Contractor or other parties relevant to this Contract are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Contract. This Contract is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Contractor in performing any of the functions of the City during performance of this Contract is subject to the requirements of the Data Practice Act and Contractor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Contractor in relation to this Contract shall contain similar Data Practices Act compliance language. 26. Rights and Remedies. The duties and obligations imposed by this Contract and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 27. Assignment. Neither party shall assign this Contract, nor any interest arising herein, without the written consent of the other party. 28. Damages. In the event of a breach of the Contract by City, the Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 29. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Contract or thereafter of any of the rights or remedies of the City under this Contract. Standard Construction Contract 2014.01 Page 9 of 10 30. Severability. The provisions of this Contract are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Contract. 31. Entire Agreement. The entire agreement of the parties is contained herein. This Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 32. Waiver. No action nor failure to act by the City or the Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. 33. Governing Law. This Contract shall be controlled by the laws of the State of Minnesota. 34. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Contract. The violation of this provision renders the Contract void. 35. Counterparts. This Contract may be executed in multiple counterparts, each of which shall be considered an original. 36. Compliance with Laws and Regulations. In providing services hereunder, the Contractor shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of Work to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the Work to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE __________________________________ Mayor ___________________________________ City Manager GARDNER BUILDERS By: ________________________________ Its: _______________________________ Standard Construction Contract 2014.01 Page 10 of 10 711 Ent 30ARD RM SERVER IM C.H. ROBINSON C.H, ROBINSON E- fnJ6 p46.zc-rEm./ Lci r t--1/• u_vd-tN(ar--76-k.) 12_Eb 13f BuiLoiQG Lov./Ei.z Eve: i__ ' 46 CWEr J cx -)1,-- ENvrizAki c E /WI) 11E CITY CENTER UPPER C.H. ROBINSON RGOI-1 E E Ni CLubtl's Lc) v../EP._ 1---v EL E2)(1 -r-- T E_buc. NEEOE_'b SGz L)Af2E: Fw -T -A6E CITY CENTER UPPER CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: March 3, 2015 DEPARTMENT/DIVISION: Mary Krause Public Works/Engineering ITEM DESCRIPTION: I.C. 15-5892 Award Contract for 2015 Street Sweeping to Reliakor Services, Inc. ITEM NO.: VIII.D. Requested Action Move to: Award contract for 2015 Street Sweeping to Reliakor Services, Inc. in the amount of $32,000. Synopsis Quotes were received Friday, February 20, 2015, for the 2015 Street Sweeping. Two quotes were received as follows: Reliakor Services, Inc. $ 32,000 Allied Blacktop Company $ 39,200 Background Information The schedule for street sweeping in the project specifications indicates a start date of April 6, 2015. This early cleaning of the streets prevents sand and debris that has accumulated from the winter snow removal operations from entering into the City’s wetlands, creeks and lakes. Spring sweeping of the streets takes approximately 8-10 working days. Street sweeping after the sealcoat project also is part of this project. Financial Implications Funding for the spring sweeping is from the Storm Water Utility Fund. Street sweeping also takes place after the sealcoating project and is funded from the Operating and Maintenance budget for sealcoating and the CIP fund for pavement maintenance. Prices for 2015 are the same as prices for the 2014 sweeping. Staff recommends award to Reliakor Services, Inc. Attachment Price Comparison 2011-2015 Historical Sweeping Prices 2011 ReliaKor Services Allied Blacktop Spring Sweeping $78.50/hour $80/hour Sealcoat Sweeping $85/hour $100/hour 2012 ReliaKor Services Allied Blacktop Pearson Brothers, Inc. Spring Sweeping $78.50/hour $80/hour $77/hour Sealcoat Sweeping $83.50/hour $95/hour $86.50/hour 2013 ReliaKor Services Allied Blacktop Pearson Brothers, Inc. Spring Sweeping $77/hour $79/hour $79/hour Sealcoat Sweeping $77/hour $94/hour $92/hour 2014 ReliaKor Services, Inc. Allied Blacktop Company Pearson Brothers, Inc. Spring Sweeping $77/hour $79/hour $95/hour Sealcoat Sweeping $89/hour $95/hour $125/hour 2015 ReliaKor Services Allied Blacktop Spring Sweeping $77/hour $98/hour Sealcoat Sweeping $89/hour $98/hour CITY COUNCIL AGENDA SECTION: Consent Agenda DATE: March 3, 2015 DEPARTMENT/DIVISION: Rick Wahlen Public Works/Utilities ITEM DESCRIPTION: Approve Construction Contract with Electrical Installation and Maintenance Company to Upgrade Municipal Wells No. 11 and 13 ITEM NO.: VIII.E. Requested Action Move to: Approve a contract with Electrical Installation & Maintenance Co. to upgrade the electrical equipment in Wells No. 11 and No. 13. Synopsis The City of Eden Prairie Utilities Division obtained proposals from three competent electrical contracting firms for the electrical upgrade work at Municipal Wells No. 11 and No. 13. The least-cost proposal was offered by Electrical Installation and Maintenance Company (EIM). Staff recommends acceptance of the proposal and establishing a project budget in the amount of $65,695.00 to be paid from the water utility fund. Background Information City Well 11 was installed in 1991, and City Well 13 was installed in 1998. Each well has been operated since installation using a 100 HP motor. Both wells and their associated pumping equipment are currently capable of generating the desired yield (1400 gpm) during periods of peak demand. Each well is scheduled for replacement of the existing variable frequency drive (VFD) and associated electrical connections/programming in order to maintain peak operations. The existing flow meters will be replaced with a magnetic flow meter (under a separate contract), and wiring connections made by the electrical contractor under this scope of work. To evaluate our options for maintaining the performance of the wells, we consulted with St. Croix Environmental, Inc. who recommended replacement of the existing VFD’s with Eaton VFDs similar in design and operation to those installed at other well houses during recent electrical upgrades. Attachments • Recommendation Letter • Proposal Tabulation Sheet • Copies of Individual Quotes Water Resource Consulting and Project Management February 16, 2015 Joe Dusek Water Treatment Supervisor City of Eden Prairie – Water Utility 14100 Technology Drive Eden Prairie, MN 55344-2230 Subject: Contractor Recommendation – Electrical Installation and Maintenance Company Electrical Upgrades for Wells 11 and 13 Dear Mr. Dusek: Attached please find the bid tabulation from three independent quotations sought by St. Croix Environmental, Inc. (SCE) on behalf of the City of Eden Prairie (City). The quotations are for providing electrical upgrade services for City Wells 11 and 13. A total of three pre-qualified drilling firms were invited to provide quotations for the project. Firms were selected based upon their ability to perform the requested scope of services, as well as recent experience in performing related work for the City. Each electrical contracting firm was provided the same scope of work and request for quotation. Each firm was allowed the opportunity to visit the well, inspect existing equipment and evaluate site access constraints. Each of the firms responded and provided quotes for the scope of work. The individual cost quotations are summarized on the attached bid tabulation form. Individual proposals are also included in the attachment. Based upon the results of the proposal process, SCE recommends the City retain the services of Electrical Installation and Maintenance Company (EIM) for completion of the project. We recommend establishing a funding level for this portion of the project of $65,595.00, established from the lowest cost quotation provided by EIM. Upon receiving the City’s authorization to proceed, we’ll schedule the well for the recommended upgrades and return each well to service at the earliest opportunity. Please let us know if you have any questions, or require additional supporting information. Sincerely, St. Croix Environmental, Inc. Kevin Miller, PG Principal Consultant Attachments TABULATION REQUEST FOR QUOTATION WELL ELECTRICAL UPGRADES - CITY WELLS 11 AND 13 CITY OF EDEN PRAIRIE, MINNESOTA RFQ DATED: FEBRUARY 03, 2015 QUOTES REVIEWED: FEBRUARY 13, 2015 BIDDER NAME TOTAL QUOTATION ELECTRICAL INSTALLATION AND MAINTENANCE COMPANY $65,695.00 PRAIRIE ELECTRIC, INC. $75,880.00 TOTAL CONSTRUCTIONAND EQUIPMENT, INC. $87,700.00 LOWEST QUOTE $65,695.00 Electrical Installation & Maintenance (NW CC) Phone 763-419-3744 1180 County liOad 90, Maple Plain, MN 55359 fax 763-479-3745 PROJECT PROPOSAL Eden Prairie, MN—Wells 11 .1St 13 VFD Upgrades Due February, 13th, 2015, 5 PM ATTN: Joe Dusek (jdusek@edenprairie.org ) & Kevin Miller (kmiller@stcroixenv.conn) SCOPE OF WORK: in accordance with Request for Quotation dated February 3, 2015 from Kevin Miller with St. Croix Envirionmental, Inc,, Addendum 1, Addendum 2 and Well House Inspection on February 5 1 b, 2015. WELL 11 PROJECT ESTIMATE: Well 11 Electrical Upgrades (All costs are lump sum) Task 1) Mobilize/ Demobilize Task 2) Furnish and Install New VFD and Associated Power and Controls Circuitry Task 3) Provide electrical wiring/programming of magnetic flow meter and display Task 4) Demonstration Testing of New Equipment TOTAL ESTIMATE WELL 11 WELL 13 PROJECT ESTIMATE: Well 13 Electrical Upgrades (All costs are lump sum) Task 1) Mobilize/ Demobilize Task 2) Furnish and Install New VFD and Associated Power and Controls Circuitry Task 3) Provide electrical wiring/programming of magnetic flow meter and display Task 4) Demonstration Testing of New Equipment TOTAL ESTIMATE WELL 13 PROPOSED PROJECT SCHEDULE: Week 1 — Receive Contract from City of Eden Prairie (City/Engineer driven activity) Week 4 - Receive/Submit VFD submittal for engineer approval. Week 6 - Receive submittal approval (City/Engineer driven activity) Week 14— VFD Delivery Week 15— Well 11 VFD installation/start-up/programming/porformance testing Week 16 — Well 13 VFD installation/start-up/programming/performance testing Week 20 — Final O&M and Payment $ 900.00_ $_30,175.00_ $ 370.00 $_500.00 $_31,945.00_ $ 900.00 $3 1 ,980.00_ $ 370.00_ $ 500.00_ $_33,750.00_ Project Installation Description: We will start the demolition at well 11 first once the new VFID's are received. Within that week or the next (depending on day of week received) we will have the new VFD installed, started up and ready for the programmer so performance testing can be completed. After Well 11 is back online we will start the process over at Well 13, including the demo of the existing drive, relocation of the TVSS and pouring a new housekeeping pad for the new CH drive, At this time we expect to get the VFD through the door or skylight and into the building. In order to do this we will have to install picking points inside the well houses for rigging. These will either be left in place for future use or removed if required by the owner and the vent hood my need to be removed and reinstalled. If this cannot be accomplished at well 13 we might need to lay the VFD cabinet down and tilt back up once inside the building. To accomplish this, EIM will work with the equipment within the gear to allow this. www,eimcompany.us Continued on page Electrical Installation & Maintenance (EIM), 1480 County Road 90, Maple Plain, MN 55359 Phone' 763-479-3744 Fax: 763-479-3745 PROJECT PROPOSAL - Eden Prairie, MN — Wells 11 & 13 V14.) Upgrades (continued) There are concerns with voiding the warranty from EATON/Cutler-Hammer that may need to be addressed, but at this time there is no way to get these into the building without tilt/laying them down in some manner And this same installation process has been used in a lot of other installations. Additional Services Schedule (not included in Lump Sum Proposal): Electrician with service vehicle — $95/hour Electrician labor $90/hour Boom/Crane Truck = $150/hour (4 hour minimum) Scissor Lift — $60/day plus $200 mobilization/demobilization charge Items not listed (including materials) will be billed at cost plus 10% for profit and overhead costs. includes; Addendurns 1, 2 -Electrical Permits Excludes: -Bond(s) of any type Contact Kurt Paddock with questions regarding this proposal. Contact info lontpaddockgeimcompany.us, 763- 479-3744. ftseti www.eimcompany.us Proposal To: Kevin Miller Company: St. Croix Environmental E-Mail: From: Brent Fritz Company: Prairie Electric Company Date: 02-13-2015 Number of Pages: 2 Subject: VFD replacement at wells 11 & 13 Kevin, We are pleased to offer the following electrical quotation for your consideration and review. - Electrical Permit - Demo as required Remove existing VFDs Well #11 - Furnish and install 1 – New 100hp Eaton VFD as per specifications 1 – New 2/0 copper feeders 1 – All required control wiring and connections 1 – New Seal tight and connectors between the motor and the ground conduit 1 – Program and start-up 1 – Electrical connection to new flow meter Total: $35,810.00 Well #13 - Furnish and install 1 – New 100hp Eaton VFD as per specifications 1 – New concrete housekeeping pad 1 – New 2/0 copper feeders 1 – All required control wiring and connections 1 – New Seal tight and connectors between the motor and the ground conduit 1 – Program and start-up 1 – Electrical connection to new flow meter Total: $40,070.00 Notes and Exclusions *All work to be performed during normal working hours If you have any questions regarding this quotation please don’t hesitate to call. Sincerely, Brent Fritz Project Manager REQUEST FOR QUOTATION - FEBRUARY 3, 2013 WELL 11 PROJECT ESTIMATE: Well 11 Electrical Upgrades (All costs are lump sum) Task 1) Mobilize/ Demobilize Task 2) Furnish and Install New VFD and Associated Controls Task 3) Provide electrical wiring/programming of magnetic flow meter and display Task 4) Demonstration Testing of New Equipment TOTAL ESTIMATE WELL 11 WELL 13 PROJECT ESTIMATE: Well 13 Electrical Upgrades (All costs are lump sum) Task 1) Mobilize/ Demobilize Task 2) Furnish and Install New VFD and Associated Controls Task 3) Provide electrical wiring/programming of magnetic flow meter and display Task 4) Demonstration Testing of New Equipment TOTAL ESTIMATE WELL 13 Note: The City reserves the right to reject any and all proposals and to waive any irregularities in a proposal. ELECTRICAL CONTRACTOR SERVICES FOR WELL HOUSE UPGRADES - WELLS 11 AND 13 Page 8 TOTAL/ CONSTRUCTION & EQUIPMENT/ INC. 10195 Inver Grove Trail • Inver Grove Heights, MN 55076 • 651-451-1384 BID PROPOSAL PROJECT: Well #11 & #13 electrical upgrades BID DATE: February 13'1 ', 2015 LOCATION: Eden Prairie Public Works ATTN.: Kevin Miller St. Croix Environmental/City of Eden Prairie Utilities Division Our proposal for equipment and services for the above project is based on the applicable sections of the plans and specifications. We acknowledge that the terms and conditions stated in the City of Eden Prairies General Conditions (attachment 3) dated February 3rd, 2015 have been reviewed and are acceptable. WELL 11 Electrical UpErades (all cost are lump sum) Task 1) Mobilize/Demobilize Task 2) Furnish and install new VFD and associated power & control circuitry Task 3) Provide electrical wiring/programming of magnetic flow meter and display Task 4) Demonstrate testing of new equipment TOTAL ESTIMATE WELL 11 $ 1,500.00 $ 35,570.00 $ 3,300.00 $ 2,100.00 $ 42,470.00 WELL 13 Electrical Upgrades (all cost are lump sum -) Task 1) Mobilize/Demobilize $ 1,500.00 Task 2) Furnish and install new VPD and associated power & control circuitry $ 38,330.00 Task 3) Provide electrical wiring/programming of magnetic flow meter and display $ 3,300.00 Task 4) Demonstrate testing of new equipment $ 2,100.00 TOTAL ESTIMATE WELL 13 $ 45,230.00 TOTAL ELECTRICAL BASE BID for BOTH wells 11 & 13: $ 87,700.00 Anticipated Project Schedule: Project Awarded Start Project Submittal Reviews & Approval DEMO & Install work Well #I1 VFD Install & Startup Well #11 DEMO & Install work Well #13 VFD Install & Startup Well #13 March 3,2015 March 6 March 6 to March 27 May 4 to May 8 May 11 to May 15 May 18 to May 22 May 25 to May 29 Clarifications to BID ITEMS above: 1. All work to be done during normal business hours. 2. Proposal is based upon a complete award of both sites, wells 11 & 13. 3. Necessary costs are included for installation and removal of VFD at Well 13, as required due to limited access. 4. Labor rates for additional work to be billed at $96.05 per hour straight time. Material mark-up to be 10%. We acknowledge addendum(s) 1 & 2. We wish to express our gratitude in allowing us this opportunity to submit this proposal. We trust that our offering is clear and meets with your approval. In the event that you have questions or require further clarification, please call our office at 651-451-1384. Proposal is valid for 30 days. Sincerely, Jason L. Johnson Project Manager "Equal Opportunity Employer" CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: March 3, 2015 DEPARTMENT/DIVISION: Carter Schulze Public Works / Engineering ITEM DESCRIPTION: #11-5799 Approve Change Order No. 2 for the northern segment of the Shady Oak Road Improvements ITEM NO.: VIII.F. Requested Action Move to: Approve Change Order No. 2 for the northern segment of the Shady Oak Road Improvements in the amount of $98,452.96. Synopsis Change Order 2 consists of multiple work orders grouped together into a single change order. These additional costs are a result of; Adjusting utilities in the field, signal system changes, paving incentives, unanticipated water main changes, and tree and seed substitutions among other items. Staff recommends approval of the changes. Background Information Construction on the project began in October 2012 and is substantially complete as of November 2013. Change order 2 is a final accumulation of changes that occurred over that period. In general, changes resulting in additional cost stem from unforeseen existing conditions, shortages in available materials, and additional work unidentified in the original bid documents. More detail on each change is included with the attached change order form. Financial Implications With this Change Order, the total contract amount increases from $7,998,360.45 to $8,346,278.92. As defined in the UHG Developer’s Agreement, UHG is responsible for the majority of the costs for the project including all of the change order costs with the exception of the local utility costs, which will be funded by the City. Attachment Change Order No. 2 February 16, 2015 CHANGE ORDER NO. 2 Project: C.S.A.H. 61 (Shady Oak Road) Eden Prairie, Minnesota SP 2773-11 City Project No. 11-5799 To: Max Steininger, Inc. You are hereby directed to make the changes noted below in the contract. ITEM DESCRIPTION OF CHANGES 1. WORK ORDER NO. 9 a. Remove Service Cabinet: The existing MnDOT lights on southbound Shady Oak Road were removed with the project however the service cabinet at sta. 458+92 was omitted in the removal plan. The contractor removed the lighting service cabinet and concrete base. Payment for this item was determined on negotiated unit price. 2. WORK ORDER NO. 13 a. Adjust Handhole: There were five electrical handhole covers and concrete collars (handholes 1, 3, 4, 5 and 6) that needed to be adjusted due to grading changes. The contractor made the necessary elevation adjustments and reset the concrete collars and covers. Payment for this item was determined on negotiated unit prices. 3. WORK ORDER NO. 14 a. Seed Mix Substitution: The plans called for Sodding Type Salt Tolerant however, during construction it was determined that this item was not available. MnDOT recommended substituting MNST12 seed mix and provided application rates for the seed mix, fertilizer and soil stabilizer. Payment for this item was determined on negotiated unit price. 4. WORK ORDER NO. 15 a. Tree Removal Mobilization: During construction, it was determined that additional trees would need to be removed at various locations throughout the project to accommodate watermain, sanitary and storm sewer improvements. The additional trees were not shown in the original plan. Payment for this item was determined on negotiated unit price. 5. WORK ORDER NO. 16 a. Revise Signal System A: During construction, it was determined that the clearance of the signal heads on Mast Arm 3 of Signal System A was less than the specified minimum. The signal heads were raised to be in compliance with specifications. Payment for this item was determined on negotiated unit price. 6. WORK ORDER NO. 17 a. OH Sign Panel Restocking Fee: During construction, an adjacent roadway construction project removed the overhead sign at S.B. Shady Oak Road sta. 464+90. The sign had been fabricated for installation by the Contractor and had to be re-stocked. Payment for this item was determined on negotiated unit price. 7. WORK ORDER NO. 18 a. Bituminous Paving Incentive: The special provisions of the contract documents provides for bituminous pavement construction incentive and disincentive. The incentive is to be included in the Contract. The Owner and contractor have tracked all incentives and disincentives relating to the bituminous pavement construction materials and practices as defined in the Contract Documents. The incentives and disincentives earned, as shown in the attached “Bituminous Paving Incentive/Disincentive Summary”, indicate the contractor achieved a bonus. 8. WORK ORDER NO. 19 a. Watermain Casing at Retaining Wall A (Force Account #1): During construction of Retaining Wall A, it was determined that the existing watermain was in conflict with the footing of the wall. It was determined that the watermain could not be relocated due to the slope of the existing pipe and proximity to an existing parking. Therefore, a split casing was installed that will accommodate future repairs. Payment for this work will be made on a Force Account basis per MnDOT Specification 1904. 9. WORK ORDER NO. 20 a. Tree and Berm Removal (Force Account #2): To accommodate relocation of private utilities and future roadway improvements to the south, removal of the berm and trees along N.B. Shady Oak Road near sta. 335+50 was required. Due to the significant frost in the ground, generator and ground thaw units were needed to thaw the ground prior to removing the berm. Payment for this work will be made on a Force Account basis per MnDOT Specification 1904. 10. WORK ORDER NO. 21 a. Tree Stump and Debris Removal (Force Account #3): During excavation along N.B. Shady Oak Road, sta. 336+60 to sta. 342+50, buried tree stumps and concrete were discovered. These were not shown in the plans and had to be removed from the project. Payment for this work will be made on a Force Account basis per MnDOT Specification 1904. 11. WORK ORDER NO. 22 a. Excavate and Compact Soil for Gate Valve at Sta. 344+11 (Force Account #4): The gate valve located at N.B. Shady Oak Road sta. 344+11 was to be removed and replaced per the plan. However, it was determined that the existing valve was installed by a wet tap, in good condition, and did not need to be replaced. Payment for this work will be made on a Force Account basis per MnDOT Specification 1904. 12. WORK ORDER NO. 23 a. Excavate and Compact Soil for Gate Valve at Sta. 336+70 (Force Account #5): The gate valve located at N.B. Shady Oak Road sta. 336+70 was to be removed and replaced per the plan. However, it was determined that the existing valve was installed by a wet tap, in good condition, 19’ deep and did not need to be replaced. Payment for this work will be made on a Force Account basis per MnDOT Specification 1904. 13. WORK ORDER NO. 24 a. Excavate and Compact Soil Near Gate Valve at Sta. 449+99 (Force Account #6): During construction, it was determined that the gate valve located at S.B. Shady Oak Road sta. 449+99 was 20’ deep, standard depth is 8’. The additional depth was not known prior to bidding. The Contractor will be compensated for additional time spent to excavate and compact the additional depth. Payment for this work will be made on a Force Account basis per MnDOT Specification 1904. 14. WORK ORDER NO. 25 a. Excavate and Compact Soil Near Gate Valve at Sta. 336+70 (Force Account #7): During construction, it was determined that the gate valve located at N.B. Shady Oak Road sta. 336+55 was 12’ deep, standard depth is 8’. The additional depth was not known prior to bidding. The Contractor will be compensated for additional time spent to excavate and compact the additional depth. Payment for this work will be made on a Force Account basis per MnDOT Specification 1904. 15. WORK ORDER NO. 26 a. Relocate Slope Dressing (Force Account #8): During construction, it was determined that the slope dressing stockpile conflicted with the adjacent United Health Group construction activities. The Contractor will relocate the stockpile to a location that does not conflict with construction activities. Payment for this work will be made on a Force Account basis per MnDOT Specification 1904. 16. WORK ORDER NO. 27 a. Pumping Storm Sewer Pond (Force Account #9): During construction, it was determined that the elevation of the United Health Group storm sewer pond was higher than the proposed outlet apron. The contractor will be compensated for pumping the excess water down to an elevation that will accommodate construction of the apron. Payment for this item was determined on negotiated price. 17. WORK ORDER NO. 28 a. Watermain Conflict (Force Account #10): During construction, it was determined that the existing watermain conflicted with the proposed storm sewer. The contractor will be compensated for the delay due to the utility conflict. Payment for this work will be made on a Force Account basis per MnDOT Specification 1904. 18. WORK ORDER NO. 29 a. Leaking Gate Valve (Force Account #11): During construction, it was determined that an existing gate valve was leaking; this prevented the relocation of a hydrant on West 62nd Street sta. 203+22. The contractor will be compensated for delay due to the leaking gate valve. Payment for this work will be made on a Force Account basis per MnDOT Specification 1904. 19. WORK ORDER NO. 30 a. Watermain Offset (Force Account #12): During construction, it was determined that the existing watermain conflicted with the proposed storm sewer. The contractor will be compensated for lowering the watermain under the proposed storm sewer. Payment for this work will be made on a Force Account basis per MnDOT Specification 1904. 20. WORK ORDER NO. 31 a. Construct Temporary Left Turn (Force Account #13): In order to maintain a left turn lane from S.B. Shady Oak Road to E.B. City West Parkway during the second stage of construction, the contractor had to remove existing pavement and subgrade material prior to placing aggregate base class 5. Payment for this work will be made on a Force Account basis per MnDOT Specification 1904. 21. WORK ORDER NO. 32 a. Intersection Grading (Force Account #14): In order to maintain traffic during stage 2, the grading of the City West Parkway and North T.H. 62 Ramp intersections must be revised. The contractor will remove existing pavement and subgrade material prior to constructing the intersection. Payment for this work will be made on a Force Account basis per MnDOT Specification 1904. 22. WORK ORDER NO. 33 a. Watermain Offset (Force Account #16): During construction, it was determined that the existing watermain conflicted with the proposed sanitary sewer on W.B. City West Parkway sta. 607+46. The contractor will be compensated for raising the watermain over the proposed sanitary sewer. Payment for this work will be made on a Force Account basis per MnDOT Specification 1904. 23. WORK ORDER NO. 34 a. Slope Dressing (Force Account #18): The area near N.B. Shady Oak Road sta. 335+50 was disturbed to accommodate utility relocations, described in Work Order No. 20. This area required slope dressing prior to placing permanent seeding. Payment for this work will be made on a Force Account basis per MnDOT Specification 1904. 24. WORK ORDER NO. 35 a. Site Grading (Force Account #20): Throughout the project, the boulevard areas had visible ruts from winter maintenance. The contractor will grade the areas where ruts are present, as directed by the Engineer, prior to re-seeding the areas. Payment for this work will be made on a Force Account basis per MnDOT Specification 1904. 25. WORK ORDER NO. 36 a. Tree Substitution: The plans called for 5’ Ht. Eastern Red Cedar coniferous trees however during construction it was determined that these trees were not available. The Contractor substituted 3’ Ht. Eastern Red Cedar coniferous trees. Payment for this item was determined on negotiated unit price. ADD the following costs to the contract: 1. Work Order #9 a. Remove Service Cabinet 2. Work Order #13 a. Adjust Handhole 3. Work Order #14 a. Sodding Type Salt Tolerant (Base Bid) b. Sodding Type Salt Tolerant (Alternative #1) c. MNST12 Seeding 4. Work Order #15 a. Additional Tree Removal Mobilization 5. Work Order #16 a. Revise Signal System A 6. Work Order #17 a. OH Sign Restocking 7. Work Order #18 a. Bituminous Paving Incentive 8. Work Order #19 a. Watermain Casing at Retaining Wall A (Force Account No. 1) 9. Work Order #20 a. Tree and Berm Removal (Force Account No. 2) 10. Work Order #21 a. Tree Stump and Debris Removal (Force Account No. 3) 11. Work Order #22 a. Excavate and Compact Soil Near Gate Valve at Sta. 344+11 (Force Account No. 4) 12. Work Order #23 a. Excavate and Compact Soil Near Gate Valve at Sta. 336+70 (Force Account No. 5) 13. Work Order #24 a. Excavate and Compact Soil Near Gate Valve at Sta. 449+99 (Force Account #6) 14. Work Order #25 a. Excavate and Compact Soil Near Gate Valve at Sta. 336+70 (Force Account No. 7) 15. Work Order #26 a. Relocate Slope Dressing (Force Account No. 8) Unit Each Each Sq Yd Sq Yd Sq Yd Each System Lump Sum Lump Sum Lump Sum Lump Sum Lump Sum Lump Sum Lump Sum Lump Sum Lump Sum Lump Sum Unit Price $2,472.53 $557.70 $3.25 $3.37 $3.52 $660.00 $1,798.90 $859.31 $1,468.30 $6,576.57 $24,602.42 $4,868.43 $1,151.78 $2,161.22 $6,296.25 $1,391.94 $1,310.37 Measured Quantity 1 5 -10,560 -3,700 14,903 Subtotal 4 1 1 1 1 1 1 1 1 1 1 1 Amount $2,472.53 $2,788.50 ($34,320.00) ($12,469.00) $52,458.56 $5,669.56 $2,640.00 $1,798.90 $859.31 $1,468.30 $6,576.57 $24,602.42 $4,868.43 $1,151.78 $2,161.22 $6,296.25 $1,391.94 $1,310.37 16. Work Order #27 a. Pumping Storm Water Pond (Force Account No. 9) 17. Work Order #28 a. Watermain Conflict (Force Account No. 10) 18. Work Order #29 a. Leaking Gate Valve (Force Account No. 11) 19. Work Order #30 a. Watermain Offset (Force Account No. 12) 20. Work Order #31 a. Construct Temporary Left Turn Lane (Force Account No. 13) 21. Work Order #32 a. Intersection Grading (Force Account No. 14) 22. Work Order #33 a. Watermain Offset (Force Account No. 16) 23. Work Order #34 a. Slope Dressing (Force Account No. 18) 24. Work Order #35 a. Site Grading (Force Account No. 20) 25. Work Order #36 a. Coniferous Tree 5’ Ht Cont b. Coniferous Tree 3’ Ht Cont TOTAL ADDITIONS TOTAL DELETIONS TOTAL CHANGE (THIS CHANGE ORDER) Lump Sum Lump Sum Lump Sum Lump Sum Lump Sum Lump Sum Lump Sum Lump Sum Lump Sum Tree Tree $7,911.75 $1,728.16 $555.26 $2,914.19 $6,108.45 $7,819.09 $3,615.63 $363.28 $1,756.67 $202.60 $140.00 1 1 1 1 1 1 1 1 1 -6 6 Subtotal $7,911.75 $1,728.16 $555.26 $2,914.19 $6,108.45 $7,819.09 $3,615.63 $363.28 $1,756.67 ($1,215.60) $840.00 ($375.60) $146,457.56 $48,004.60 $98,452.96 ORIGINAL CONTRACT AMOUNT $ 7,998,360.45 TOTAL ADDITONS (ALL CHANGE ORDERS) $ 400,998.83 TOTAL DELETIONS (ALL CHANGE ORDERS) $ 53,080.36 TOTAL CHANGES (ALL CHANGE ORDERS) $ 347,918.47 TOTAL CONTRACT VALUE INCLUDING THIS CHANGE ORDER $ 8,346,278.92 THE ABOVE CHANGES ARE APPROVED: SRF CONSULTING GROUP, INC. CITY OF EDEN PRAIRIE By By Project Manager City Manager Date Date THE ABOVE CHANGES ARE ACCEPTED: MAX STEININGER, INC. CITY OF EDEN PRAIRIE By By Mayor Date Date H:\Projects\In-Construction\7891\Contract Changes, WO, CO, SA\Change Order\SAP 181-020-028_Change Order 2.docx CITY COUNCIL AGENDA SECTION: Consent DATE: March 3, 2015 DEPARTMENT/DIVISION: Molly Koivumaki Housing and Community Services ITEM DESCRIPTION: Resolution approving the participation of the Hennepin County Housing Authority in an Eden Prairie affordable housing project at 7004 Springhill Cir.. ITEM NO.: VIII.G. Requested Action Move to: Adopt resolution approving participation of the Hennepin County Housing Authority in an Eden Prairie affordable housing project located at 7004 Springhill Cir. Background The City has agreed to use Community Development Block Grant funds to assist with the purchase of Eden Prairie properties by West Hennepin Affordable Housing Land Trust (WHAHLT). WHAHLT has also been approved to receive funding for these projects by the Hennepin County Housing and Redevelopment Authority (HCHRA). The HCHRA needs City Council approval in order to go forward with the funding and completion of the financing for the projects. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2015- RESOLUTION APPROVING THE PARTICIPATION OF THE HENNEPIN COUNTY HOUSING AUTHORITY IN AN EDEN PRAIRIE AFFORDABLE HOUSING PROJECT WHEREAS, WHAHLT has also been approved for funding of this project by the Hennepin County Housing and Redevelopment Authority (HCHRA); and WHEREAS, The Hennepin County Housing and Redevelopment Authority (HCHRA) in Resolution No. 13-HCHRA-0016 has approved the use of a $120,000 Affordable Housing Incentive Fund loan and in Resolution No. 14-HCHRA-0022 a second $120,000 Affordable Housing Incentive Fund loan for Homes Within Reach contingent upon the City of Eden Prairie City Council’s consent to the HCHRA’s participation in the project; and WHEREAS ,The purchase of eight homes by Homes Within Reach (four homes with 2013 funds and four homes with 2014 funds), of which some of the homes will be located within the city of Eden Prairie and the rest within suburban Hennepin County, will preserve the supply of affordable housing in the city by providing permanent affordability; and WHEREAS, the loan from the HCHRA will complete the financing required for the project to go forward. BE IT RESOLVED, that the participation of the Hennepin County Housing and Redevelopment Authority in the project is hereby approved. ADOPTED by the City Council of the City of Eden Prairie this 3rd day of March, 2015. ___________________________ Nancy Tyra-Lukens, Mayor ATTEST: __________________________ Kathleen Porta, City Clerk CITY COUNCIL AGENDA SECTION: Consent DATE: March 3, 2015 DEPARTMENT/DIVISION: Community Development Janet Jeremiah ITEM DESCRIPTION: Approve Cooperative Agreement with Hennepin County Housing and Redevelopment Authority to further the goals of the Southwest Corridor Investment Framework ITEM NO.: VIII.H. Requested Action Move to: Approve Cooperative Agreement with Hennepin County Housing and Redevelopment Authority to further the goals of the Southwest Corridor Investment Framework Synopsis As a follow up to City and County approval of the Southwest Corridor Investment Framework, the County is requesting the City to enter into this cooperative agreement to further the goals of the Framework. This would allow consideration of multijurisdictional reinvestment funding administered by the County to be used for future Southwest Corridor projects identified in the Framework. Some of the projects are also in Eden Prairie’s Capital Improvement Plan. The City will retain its jurisdiction over all issues of local concern relating to zoning, land usage, building code requirements and compliance with all applicable city codes and ordinance. This does not obligate the City to implement any projects. Any future projects will be described in a future amendment to this Agreement and approved by each of the parties. Attachment: Cooperative Agreement between the City and HCHRA Hennepin County Contract No. A140646 COOPERATIVE AGREEMENT BETWEEN THE HENNEPIN COUNTY HOUSING AND REDEVELOPMENT AUTHORITY AND CITY OF EDEN PRAIRIE This Agreement is between the County of Hennepin Housing and Redevelopment Authority, State of Minnesota (“HCHRA”), 701 Fourth Avenue South, Suite 400, Minneapolis, MN 55415, and the City of Eden Prairie (“CITY”), 8080 Mitchell Road, Eden Prairie, MN 55344. WHEREAS, the HCHRA and the CITY have each approved the Southwest Corridor Investment Framework (“Framework”) dated December 2013 through respective resolutions Hennepin County Resolution 14-0490, and City of Eden Prairie Resolution No. 2014-75; WHEREAS, the HCHRA and the CITY agree that there are financial and strategic benefits of working together to further the goals of the Framework (“Goals”) and wish to document that understanding in a cooperative agreement; WHEREAS, the HCHRA and the CITY plan to develop one or more projects (“Project or Projects”) to further the Goals; WHEREAS, a cooperative agreement and future Projects fit within the criteria of a multijurisdictional reinvestment program authorized under Minnesota Statutes §383B.79; and WHEREAS, the HCHRA and CITY have the authority to participate in a cooperative agreement and Project pursuant to Minnesota Statutes §§383B.79 and 469.001 to 469.047 and other applicable law; and WHEREAS, the COUNTY and the CITY have the authority to contribute to a Project pursuant to Minnesota Statutes §§383B.79 and 469.041 and other applicable law, THEREFORE, the parties agree as follows: 1. Furtherance of Goals. Pursuant to Minnesota Statutes, Section 383B.79, the HCHRA and CITY enter into this cooperative agreement, and agree to work with each other to further the goals of the Framework by attempting to develop one or more Projects subject to the following requirements: a. That the CITY retains its jurisdiction over all issues of local concern relating to zoning, land usage, building code requirements and compliance with all applicable city codes and ordinances. b. That the full faith and credit of the CITY will not be pledged as a source of payment or repayment of said Project financial obligations owed by Hennepin County and/or the HCHRA. This agreement shall commence on March 3, 2015 and expire on December 31, 2020. 2. Future Projects. The details of any Project or Projects developed pursuant to this Agreement shall be described in an amendment to this Agreement and approved by each of the parties. 3. Funds from Hennepin County to the HCHRA. Hennepin County may contribute funds to the HCHRA to be disbursed by the HCHRA for any Project. 4. Merger and Modification. a. The entire Agreement between the parties is contained in this Agreement and supersedes all oral agreements between the parties relating to the subject matter. All items that are referenced or that are attached are incorporated and made a part of this Agreement. If there is any conflict between the terms of this Agreement and referenced or attached items, the terms of this Agreement shall prevail. b. Any alterations, variations, modifications, or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement and signed by the parties. 5. Contract Administration. In order to coordinate the services of the City [and Other Entity] with the activities of the HCHRA so as to accomplish the purposes of this Agreement, Catherine Walker, or her successor, shall manage this Agreement on behalf of the HCHRA and serve as liaison between the HCHRA and the City. Janet Jeremiah or her successor or assigned shall manage this Agreement on behalf of the City. 6. Notices. Any notice or demand which must be given or made by a party under this Agreement or any statute or ordinance shall be in writing, and shall be sent registered or certified mail. Notices to the HCHRA shall be sent to the Deputy Executive Director at the address stated in the opening paragraph of the Agreement. Notice to the City [and Other Entity] shall be sent to the address stated in the opening paragraph of the Agreement. 7. Audits. The books, records, documents, and accounting procedures and practices of the each party relevant to this agreement are subject to examination by the any party and either Legislative Auditor or the State Auditor for a period of six years after the effective date of this Agreement. 8. Termination. Any part y may withdraw from this Agreement upon 30 days’ notice given in writing pursuant to Section 6 hereof, provided however if a party has entered into an amendment relating to future projects under Section 2 hereof, the right to withdraw shall 2 be subject to the terms of said amendment. THIS PORTION OF PAGE INTENTIONALLY LEFT BLANK 3 HCHRA BOARD APPROVAL HENNEPIN COUNTY HOUSING AND REDEVELOPMENT AUTHORITY Reviewed by the County Attorney's Office By: _______________________________ Chair of its Board By: ___________________________ Date: __________________________ Date: _____________________________ And: ______________________________ Executive Director Date: ______________________________ 4 CITY OF EDEN PRAIRIE By: Its: City Manager City Department Review: Its: Community Development Director Approved as to form: City Attorney 5 CITY COUNCIL AGENDA SECTION: Payment of Claims DATE: March 03, 2015 DEPARTMENT/DIVISION: Sue Kotchevar, Office of the City Manager/Finance ITEM DESCRIPTION: Payment of Claims ITEM NO.: X. Requested Action Move to: Approve the Payment of Claims as submitted (roll call vote) Synopsis Checks 237212 - 237436 Wire Transfers 1010007 – 1010139 Wire Transfers 5308 - 5318 City of Eden Prairie Council Check Summary 3/3/2015 Division Amount Division Amount General 75,320 601 Prairie Village Liquor 92,261 100 City Manager 5 602 Den Road Liquor 177,745 101 Legislative 8,980 603 Prairie View Liquor 97,497 102 Legal Counsel 39,876 605 Den Road Building 1,931 110 City Clerk 246 701 Water Fund 58,481 111 Customer Service 5,352 702 Sewer Fund 11,297 112 Human Resources 248 703 Storm Drainage Fund 1,090 114 Benefits & Training 1,218 Total Enterprise Funds 440,302 131 Finance 247 136 Public Safety Communications 2,785 803 Escrow Fund 340 137 Economic Development 28 807 Benefits Fund 386,225 138 Community Development Admin.623 810 Workers Comp Insurance 174,601 150 Park Administration 80 811 Property Insurance 120,484 151 Park Maintenance 6,802 812 Fleet Internal Service 61,214 153 Organized Athletics 1,796 813 IT Internal Service 24,390 154 Community Center 24,418 815 Facilites Operating ISF 21,933 156 Youth Programs 3,240 816 Facilites City Center ISF 26,620 157 Special Events 162 817 Facilites Comm. Center ISF 18,393 158 Senior Center 1,125 Total Internal Service Funds 834,200 159 Recreation Administration 210 160 Therapeutic Recreation 250 162 Arts 2,875 Report Totals 1,842,810 163 Outdoor Center 219 168 Arts Center 749 180 Police 18,801 184 Fire 18,098 186 Inspections 224 200 Engineering 391 201 Street Maintenance 8,345 202 Street Lighting 71,401 Total General Fund 294,115 301 CDBG 3,515 Total Special Revenue Funds 3,515 308 E-911 108 309 DWI Forfeiture 132 315 Economic Development 3,381 502 Park Development 13,643 509 CIP Fund 224,051 526 Transportation Fund 86 527 CIP - Leasing Costs 24,719 528 Shady Oak Rd-CR 61 North 1,056 530 Pool Upgrade/Expansion 3,501 Total Capital Project Funds 270,678 City of Eden Prairie Council Check Register 3/3/2015 Check #Amount Supplier / Explanation Account Description Business Unit Explanation 5309 231,051 CERIDIAN Federal Taxes Withheld Health and Benefits Payroll 237256 224,051 IND SCHOOL DIST 272 Improvements to Land Capital Maint. & Reinvestment Reconstruction of Tennis Courts 237374 174,601 LEAGUE MN CITIES INS TRUST Workers Comp Insurance Workers Comp Insurance Workers Comp Insurance 5312 153,873 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA 237375 118,729 LEAGUE MN CITIES INS TRUST Insurance Property Insurance Property Insurance 5313 101,383 MINNESOTA DEPT OF REVENUE Sales Tax Payable Fleet Operating Sales / Use Tax 1010139 71,372 XCEL ENERGY Electric Outdoor Center 1010118 44,642 GREGERSON ROSOW JOHNSON & NILAN LTD Legal Legal Criminal Prosecution 237261 37,775 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store 237405 32,383 RANGER Autos Fire 237367 27,928 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store 5311 24,704 ING Deferred Compensation General Fund 237412 20,177 SOUTHERN WINE & SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store 237220 19,930 BROTHERS FIRE PROTECTION Other Contracted Services CIP - Leasing Costs 237305 16,542 Stratasys, Inc.Sales Tax Payable-stadium Water Enterprise Fund 237293 16,273 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store 5310 15,046 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 237260 14,816 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store 237431 14,492 WIRTZ BEVERAGE MINNESOTA Liquor Product Received Prairie View Liquor Store 237366 14,214 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store 1010124 13,643 MINNESOTA DIRT WORKS INC Improvements to Land Park Acquisition & Development 237318 12,887 WIRTZ BEVERAGE MINNESOTA BEER INC Liquor Product Received Den Road Liquor Store 237317 12,281 WIRTZ BEVERAGE MINNESOTA Liquor Product Received Prairie Village Liquor Store 237402 11,440 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store 237300 10,522 SOUTHERN WINE & SPIRITS OF MN Liquor Product Received Den Road Liquor Store 1010110 9,780 CENTERPOINT ENERGY Gas Water Treatment Plant 1010134 9,580 THORPE DISTRIBUTING Liquor Product Received Prairie Village Liquor Store 1010051 9,039 HANSEN THORP PELLINEN OLSON Other Contracted Services Sewer Capital 237432 8,990 WIRTZ BEVERAGE MINNESOTA BEER INC Liquor Product Received Prairie Village Liquor Store 237282 8,980 NATIONAL RESEARCH CENTER INC Other Contracted Services City Council 5315 8,939 GENESIS EMPLOYEE BENEFITS, INC HSA General Fund 1010011 8,843 DAY DISTRIBUTING Liquor Product Received Prairie Village Liquor Store 1010079 8,817 DAY DISTRIBUTING Liquor Product Received Prairie Village Liquor Store 237355 8,685 HENNEPIN COUNTY MEDICAL CENTER Employment Support Test Police 1010055 8,632 J&D WINDOW CLEANING Window Washing Ice Arena Maintenance 237269 8,189 LIFE FITNESS Capital Under $25,000 Fitness Center 237350 8,082 GRAYMONT Treatment Chemicals Water Treatment Plant 237319 7,786 XIGENT SOLUTIONS LLC Software Maintenance IT Operating 1010083 7,730 GREENSIDE INC Contract Svcs - Snow Removal Fire Station #1 237424 7,500 ULTIMATE SOFTWARE GROUP, THE Other Assets IT Capital 1010086 7,473 INTEREUM INC Supplies - General Building Fitness/Conference - Cmty Ctr 1010071 7,361 THORPE DISTRIBUTING Liquor Product Received Den Road Liquor Store 1010068 6,839 ST CROIX ENVIRONMENTAL INC Design & Engineering Wellhead Protection Plan 1010017 6,530 GREENSIDE INC Contract Svcs - Snow Removal Fire Station #1 1010105 6,458 A-SCAPE INC Contract Svcs - Snow Removal Den Bldg. - CAM 237271 6,050 M R SIGN Signs Traffic Signs 237354 5,820 HEALTHPARTNERS Health & Fitness Fire 237345 5,355 ENVIRONMENTAL EQUIPMENT & SERVICES Equipment Parts Fleet Operating 237430 4,593 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store 237415 4,470 ST PAUL LINOLEUM AND CARPET CO Contract Svcs - General Bldg CIP - Leasing Costs Check #Amount Supplier / Explanation Account Description Business Unit Explanation 1010047 4,368 CENTERPOINT ENERGY Gas Sewer Liftstation 1010073 4,330 WALL TRENDS INC Contract Svcs - General Bldg City Center Operations 237248 3,988 GRAYMONT Treatment Chemicals Water Treatment Plant 1010019 3,600 JOHN DEERE LANDSCAPES/LESCO Computers Water Capital 1010008 3,501 BRAUN INTERTEC CORPORATION Design & Engineering Pool Upgrade/Expansion 237316 3,290 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store 1010039 3,208 VINOCOPIA Liquor Product Received Den Road Liquor Store 1010111 3,009 CERIDIAN Ceridian IT Operating 237391 3,000 MTOA Tuition Reimbursement/School Police 237225 2,976 CENTURYLINK Elevators IT Telephone 237289 2,974 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store 237395 2,919 NORTH AMERICAN SAFETY INC Clothing & Uniforms Park Maintenance 237346 2,890 EXPLORER POST 925 Miscellaneous Reserves 1010130 2,780 PRAIRIE ELECTRIC COMPANY Contract Svcs - Electrical Fire Station #1 237301 2,711 SOUTHWEST SUBURBAN PUBLISHING-CLASSIFIED Advertising Prairie Village Liquor Store 237386 2,638 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Riley Lake 1010070 2,559 STREICHERS Clothing & Uniforms Police 1010119 2,514 HAWKINS INC Treatment Chemicals Water Treatment Plant 1010043 2,415 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store 1010042 2,388 ANCHOR PAPER COMPANY Office Supplies Customer Service 237252 2,381 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store 237379 2,327 MARCO INC Equipment Repair & Maint IT Telephone 237299 2,306 SIGNSOURCE Equipment Parts Fleet Operating 237381 2,222 MIDWEST COCA COLA BOTTLING COMPANY Liquor Product Received Concessions 1010035 2,220 STONEBROOKE Equipment Parts Fleet Operating 237217 2,211 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store 1010038 2,210 VAN PAPER COMPANY Cleaning Supplies Public Works/Parks 1010074 2,196 WINE COMPANY, THE Liquor Product Received Prairie Village Liquor Store 1010066 2,156 SENIOR COMMUNITY SERVICES Refunds CDBG - Public Service 237406 2,103 RETROFIT COMPANIES, INC, THE Supplies - Electrical Fitness/Conference - Cmty Ctr 1010062 2,083 METRO SALES INCORPORATED*Other Rentals Customer Service 237341 2,056 E A SWEEN COMPANY Merchandise for Resale Concessions 237222 2,000 CAOLA LANDSCAPE SERVICES, INC Other Contracted Services Water Capital 1010028 1,989 POMP'S TIRE SERVICE INC Tires Fleet Operating 237398 1,969 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store 1010095 1,950 PAUL'S TWO-WAY RADIO Equipment Repair & Maint Public Safety Communications 237330 1,949 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating 237347 1,945 FLEET MAINTENANCE INC Equipment Repair & Maint Fleet Operating 237322 1,925 ACROSS THE STREET PRODUCTIONS Tuition Reimbursement/School Fire 1010128 1,818 OENO'S DISTRIBUTION Liquor Product Received Prairie View Liquor Store 237219 1,810 BERNICK'S WINE Liquor Product Received Prairie Village Liquor Store 1010138 1,772 WM MUELLER AND SONS INC Gravel Water System Maintenance 237267 1,755 LEAGUE MN CITIES INS TRUST Insurance Property Insurance 237416 1,733 STAPLES ADVANTAGE Office Supplies Customer Service 1010108 1,717 BOYER TRUCKS Equipment Repair & Maint Fleet Operating 237351 1,700 GYM WORKS Repair & Maint. Supplies Fitness Center 1010060 1,682 MCNEILUS STEEL INC Equipment Parts Fleet Operating 1010125 1,678 MINNESOTA RECREATION & PARK ASSOCIATION Conference/Training Organizational Services 237244 1,648 G&K SERVICES Clothing & Uniforms Utility Operations - General 1010036 1,615 TITAN ENERGY SYSTEMS Contract Svcs - Fire/Life/Safe City Hall - CAM 237229 1,599 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie Village Liquor Store 1010136 1,526 WATSON CO INC, THE Merchandise for Resale Concessions 237396 1,473 NORTHLAND MECHANICAL CONTRACTORS Maintenance Contracts Water Treatment Plant 237392 1,469 NAC Building Repair & Maint.Park Shelters 237259 1,450 JANETSKI, BETH Other Contracted Services Winter Theatre Check #Amount Supplier / Explanation Account Description Business Unit Explanation 1010040 1,430 ADVANCED ENGINEERING & ENVIRONMENTAL SE Design & Engineering Sewer Liftstation 237378 1,369 LUBE-TECH ESI Equipment Repair & Maint Fleet Operating 1010116 1,350 FILTRATION SYSTEMS Supplies - HVAC City Hall - CAM 237302 1,349 SOVEREIGN ESTATE WINE Liquor Product Received Prairie Village Liquor Store 1010018 1,335 INTEREUM INC Contract Svcs - General Bldg Fitness/Conference - Cmty Ctr 237352 1,325 HAMLINE UNIVERSITY Tuition Reimbursement/School Water Treatment Plant 237385 1,320 MINNESOTA SAFETY SERVICES LLC Instructor Service Pool Lessons 1010122 1,294 LANDS END CORPORATE SALES Clothing & Uniforms Police 237380 1,248 MAROTTA, VIC Instructor Service Lesson Skills Development 1010067 1,241 SPS COMPANIES Repair & Maint. Supplies Water System Maintenance 1010113 1,220 ECM PUBLISHERS INC Advertising Community Center Admin 1010120 1,189 HORIZON COMMERCIAL POOL SUPPLY Supplies - Pool Pool Maintenance 237356 1,183 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store 5314 1,135 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Operating 1010106 1,113 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store 237327 1,084 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store 1010041 1,060 AMERITRAK Equipment Parts Fleet Operating 237309 1,050 TWIN CITIES FANTASY FACTORY LLC Instructor Service Camps 1010050 1,024 GRAINGER Supplies - General Building Utility Operations - General 237331 1,001 BOLTON & MENK INC Other Contracted Services Storm Drainage 237275 1,000 MINNESOTA CHAPTER IAAI Conference/Training Fire 237411 1,000 SOUTHDALE YMCA - CHILD CARE Refunds CDBG - Public Service 5317 990 GENESIS EMPLOYEE BENEFITS, INC HSA Health and Benefits 237349 990 GRAPE BEGINNINGS Liquor Product Received Prairie Village Liquor Store 1010121 986 JANEX INC Cleaning Supplies City Hall - Direct Costs 237274 978 MIDWEST COCA COLA BOTTLING COMPANY Merchandise for Resale Concessions 237226 973 CENTURYLINK Telephone IT Operating 237270 950 LIFE SUPPORT INNOVATIONS Conference/Training Utility Operations - General 1010054 941 INTERSTATE POWER SYSTEMS INC Maintenance Contracts Water Wells 237247 926 GRAPE BEGINNINGS Liquor Product Received Prairie Village Liquor Store 1010010 924 DAILEY DATA & ASSOCIATES Equipment Repair & Maint Prairie View Liquor Store 237297 898 RETROFIT COMPANIES, INC, THE Supplies - Electrical CIP - Leasing Costs 1010007 893 BOUNDLESS NETWORK Operating Supplies Facilities Staff 237326 883 APPERT'S FOODSERVICE Merchandise for Resale Concessions 237241 881 E A SWEEN COMPANY Merchandise for Resale Concessions 237283 848 NEW BRIGHTON FORD Equipment Parts Fleet Operating 1010044 840 BMC SOFTWARE INC Software Maintenance IT Operating 237281 829 NATIONAL MARTIAL ARTS ASSOCIATION, INC Instructor Service Lesson Skills Development 237286 808 NORTH AMERICAN SAFETY INC Clothing & Uniforms Utility Operations - General 1010123 788 MENARDS Training Supplies Street Maintenance 237344 753 EMERGENCY AUTOMOTIVE TECHNOLOGY INC Autos Fire 237363 750 INNOVATIVE GRAPHICS Clothing & Uniforms Police 237292 748 PETTY CASH Miscellaneous Inspections-Administration 237408 740 SAFEASSURE CONSULTANTS INC Conference/Training Community Center Admin 1010016 711 FLEETPRIDE INC Equipment Parts Fleet Operating 237288 709 PAPCO INC Cleaning Supplies Fitness/Conference - Cmty Ctr 237254 700 HOUTZ, STEPHEN J Other Contracted Services Winter Theatre 237277 700 MINNESOTA REVENUE Deposits-P&R Refunds Community Center Admin 1010087 667 JOHN HENRY FOSTER MINNESOTA INC Maintenance Contracts Water Treatment Plant 237388 654 MOBILE RADIO ENGINEERING INC Equipment Repair & Maint Public Safety Communications 5316 650 GENESIS EMPLOYEE BENEFITS, INC HSA Health and Benefits 237237 626 COSTCO Miscellaneous Organizational Services 237419 625 SUBURBAN UTILITIES SUPERINTENDENTS ASSOC Dues & Subscriptions Utility Operations - General 237214 623 AMERICAN PLANNING ASSN Dues & Subscriptions Community Development Admin. 237285 595 NORTH AMERICAN RESCUE Protective Clothing Fire Check #Amount Supplier / Explanation Account Description Business Unit Explanation 237370 593 KODIAK CUSTOM LETTERING INC Clothing & Uniforms Day Care 1010101 543 THE OASIS GROUP Employee Assistance Health and Benefits 237223 529 CARGO PROTECTORS INC Repair & Maint. Supplies Sewer Liftstation 1010117 520 GRAINGER Supplies - General Bldg Water Treatment Plant 237334 520 CENTURYLINK Wireless Subscription IT Telephone 237221 503 CALIFORNIA CONTRACTORS SUPPLIES INC Clothing & Uniforms Utility Operations - General 1010046 475 CDW GOVERNMENT INC.Operating Supplies Police 1010090 474 MINNESOTA CLAY CO. USA Operating Supplies Arts Center 237387 473 MINNESOTA WANNER COMPANY Supplies - General Bldg Fire Station #1 237295 467 PLASTIC BAG MART Liquor Product Received Den Road Liquor Store 237413 462 SPEEDPRO IMAGING INC Operating Supplies Ice Operations 1010012 449 DUPONT, BRENT Travel Expense Police 1010132 445 REINDERS INC Chemicals Park Maintenance 237304 442 STERLING FENCE INC Repair & Maint. Supplies Water Wells 1010107 429 BOBBY & STEVE'S AUTO WORLD EDEN PRAIRIE Deposits-P&R Refunds Community Center Admin 1010137 429 WINE COMPANY, THE Liquor Product Received Prairie Village Liquor Store 1010053 404 INDUSTRIAL FLOOR MAINTENANCE INC.Equipment Parts Fleet Operating 1010076 398 ADAMS PEST CONTROL INC Contract Svcs - Pest Control Fitness/Conference - Cmty Ctr 237312 397 VERIZON WIRELESS Telephone Park Maintenance 237231 385 COGNITIVE VENTURES CHANHASSEN LLC Other Contracted Services Senior Center Programs 1010080 368 FASTENAL COMPANY Repair & Maint. Supplies Fleet Operating 1010103 353 VAN PAPER COMPANY Cleaning Supplies Fitness/Conference - Cmty Ctr 237255 350 IACP Dues & Subscriptions Police 1010052 350 HORIZON COMMERCIAL POOL SUPPLY Other Contracted Services Pool Maintenance 1010082 345 GREATAMERICA FINANCIAL SVCS Postage Customer Service 237323 334 ACTION FLEET INC Autos Fire 1010033 334 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie Village Liquor Store 237249 325 GTS Conference/Training Fire 237276 325 MINNESOTA CHIEFS OF POLICE ASSOCIATION Conference/Training Police 237313 325 VERLEY, TARYN Other Contracted Services Winter Theatre 237383 325 MINNESOTA DEPARTMENT OF PUBLIC SAFETY Licenses & Taxes Water Treatment Plant 237242 313 EARL F ANDERSEN INC Signs Traffic Signs 1010015 308 FERGUSON ENTERPRISES #2516 Repair & Maint. Supplies Water System Maintenance 237294 305 PINNACLE DISTRIBUTING Liquor Product Received Prairie Village Liquor Store 237358 300 IACP Dues & Subscriptions Police 237361 297 INDEED BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store 1010104 296 VIK, LISA Tuition Reimbursement/School Police 237321 292 ACCELERATED TECHNOLOGIES LLC Equipment Repair & Maint Fitness Classes 237224 290 CBIZ FINANCIAL SOLUTIONS INC Other Contracted Services Organizational Services 237348 285 FREDRICKSON, CAROL Other Contracted Services Senior Center Programs 1010063 283 NEW FRANCE WINE COMPANY Liquor Product Received Den Road Liquor Store 237284 280 NICOLLET COUNTY SHERIFF'S DEPT Deposits Escrow 237342 280 EATS Training Supplies Police 237410 277 SJF MATERIAL HANDLING INC Operating Supplies Traffic Signs 1010024 275 MINNESOTA CLAY CO. USA Operating Supplies Arts Center 1010075 274 XCEL ENERGY Electric Den Road Liquor Store 1010048 270 FACTORY MOTOR PARTS COMPANY Lubricants & Additives Fleet Operating 1010058 263 KIDCREATE STUDIO Other Contracted Services Environmental Education 237393 261 NEW BRIGHTON FORD Equipment Parts Fleet Operating 237266 260 LAKE MONSTER BREWING Liquor Product Received Prairie Village Liquor Store 5308 259 CERIDIAN Garnishment Withheld General Fund 237278 255 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Fredrick Miller Spring 237273 250 MID-STATES ORGANIZED CRIME INFO CENTER Dues & Subscriptions Police 237353 250 HAMRE, CYNTHIA Other Contracted Services Accessibility 237428 250 UNIVERSITY OF MINNESOTA Conference/Training Fire Check #Amount Supplier / Explanation Account Description Business Unit Explanation 237257 240 INDEED BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 1010027 235 PARK SUPPLY OF AMERICA INC Supplies - Plumbing City Center Operations 1010115 228 FEDEX Postage Human Resources 237280 225 MNIAI Dues & Subscriptions Police 237338 223 COMCAST Wireless Subscription IT Operating 237215 222 AMERIPRIDE LINEN & APPAREL SERVICES Janitor Service Den Road Liquor Store 1010029 222 PROSOURCE SUPPLY Repair & Maint. Supplies Fitness/Conference - Cmty Ctr 237384 220 MINNESOTA PRINT MANAGEMENT LLC Operating Supplies Finance 237262 220 KEEPERS Clothing & Uniforms Fire 1010127 219 NEW FRANCE WINE COMPANY Liquor Product Received Den Road Liquor Store 237234 219 COMCAST Cable TV Fire 237296 210 PRAHA DISTRIBUTING Liquor Product Received Den Road Liquor Store 1010065 210 PRAIRIE ELECTRIC COMPANY Building Repair & Maint.Water Treatment Plant 237314 210 WALSER CHRYSLER JEEP Equipment Parts Fleet Operating 1010077 208 BERTELSON TOTAL OFFICE SOLUTIONS Office Supplies Utility Operations - General 237418 208 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 1010092 206 MUNOZ, CESAR Tuition Reimbursement/School Police 1010030 205 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 237250 200 HAYEN, LINDA Other Contracted Services Winter Theatre 237298 200 RODENZ, SANDRA K Other Contracted Services Winter Theatre 237308 200 SUNDQUIST, EMMETT Deposits-P&R Refunds Community Center Admin 237368 200 JOHNSON, ROGER Refunds Environmental Education 1010045 196 BOYER TRUCKS Equipment Parts Fleet Operating 1010013 196 EXTREME BEVERAGE Liquor Product Received Den Road Liquor Store 1010135 195 US HEALTH WORKS MEDICAL GRP MN, PC Employment Support Test Organizational Services 1010096 195 PORTA, KITTY Mileage & Parking City Clerk 1010034 192 SHRED-IT USA MINNEAPOLIS Other Contracted Services Police 1010133 191 STREICHERS Clothing & Uniforms Police 237372 190 LAKE COUNTRY DOOR LLC Contract Svcs - Security Garden Room Repairs 237403 189 PINNACLE DISTRIBUTING Liquor Product Received Den Road Liquor Store 1010059 175 LOFFLER COMPANIES INC Hardware Maintenance IT Operating 237239 171 DIRECTV Other Contracted Services Community Center Admin 237409 164 SILVER STAR INDUSTRIES Autos Fire 237422 162 THREE RIVERS PARK DISTRICT Other Contracted Services Special Initiatives 1010057 162 JEFFERSON FIRE & SAFETY INC Clothing & Uniforms Fire 1010014 161 FASTENAL COMPANY Repair & Maint. Supplies Traffic Signs 5318 160 GENESIS EMPLOYEE BENEFITS, INC HSA General Fund 237382 160 MINNESOTA COUNTY ATTORNEYS ASSN Printing Police 237311 160 UNIVERSAL ATHLETIC SERVICES INC Awards Touch Football 237427 158 UNITED STATES POSTAL SERVICE Postage Senior Center Admin 1010129 156 O'REILLY AUTOMOTIVE INC Equipment Parts Fleet Operating 237232 154 COMCAST Cable TV Fire 237233 151 COMCAST Cable TV Fire 237272 150 MEMA Dues & Subscriptions Fire 237291 150 PELTOLA, MAX Refunds Environmental Education 1010099 147 SCHULZE, CARTER Mileage & Parking Engineering 237227 146 CINTAS CORPORATION #470 Cleaning Supplies Utility Operations - General 237325 146 AMERIPRIDE LINEN & APPAREL SERVICES Janitor Service Prairie Village Liquor Store 1010097 142 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 1010114 139 FACTORY MOTOR PARTS COMPANY Operating Supplies Fleet Operating 237306 138 SUBURBAN CHEVROLET Equipment Repair & Maint Fleet Operating 237310 138 UNIFORMS UNLIMITED Clothing & Uniforms Police 1010093 138 NEWTON, J. RANDALL Mileage & Parking Transportation Fund 237336 136 CINTAS CORPORATION #470 Cleaning Supplies Utility Operations - General 237265 135 LACOUNT SALES LLC Equipment Repair & Maint Sewer System Maintenance Check #Amount Supplier / Explanation Account Description Business Unit Explanation 237394 135 NOKOMIS SHOE SHOP Clothing & Uniforms Park Maintenance 237359 134 IND SCHOOL DIST 272 Gym Rental Volleyball 237360 134 IND SCHOOL DIST 272 Gym Rental Volleyball 237230 132 CMI INC Miscellaneous DWI Forfeiture 1010061 130 MENARDS Repair & Maint. Supplies Water Treatment Plant 237332 130 BOURGET IMPORTS Liquor Product Received Prairie View Liquor Store 1010109 129 CAWLEY COMPANY, THE Clothing & Uniforms Prairie View Liquor Store 237253 128 HOTSY MINNESOTA Supplies - General Bldg Public Works/Parks 237307 125 SUBURBAN UTILITIES SUPERINTENDENTS ASSOC Dues & Subscriptions Utility Operations - General 1010072 125 UNIQUE PAVING MATERIALS Asphalt Overlay Water System Maintenance 1010085 115 HAYDEN, DOUGLAS E Operating Supplies Fire 237362 115 INDOFF INCORPORATED Office Supplies Customer Service 1010094 114 PARK SUPPLY OF AMERICA INC Supplies - Plumbing Fire Station #1 1010032 113 SAMIDE, RAY Mileage & Parking Skating Rinks/Warming Houses 237337 110 CLEVE, ASHLEE Deferred Revenue General Fund 237376 110 LEITER, KEEFE Deferred Revenue General Fund 1010112 108 COMTECH COMMUNICATIONS INC Equipment Repair & Maint Public Safety Communications 237238 107 CROWN MARKING INC Office Supplies City Clerk 237364 105 J H LARSON COMPANY Repair & Maint. Supplies Park Maintenance 1010102 102 TOLL GAS AND WELDING SUPPLY Equipment Parts Fleet Operating 1010031 101 R & R SPECIALTIES OF WISCONSIN INC Repair & Maint - Ice Rink Ice Arena Maintenance 237246 100 GOPHER STATE ONE-CALL OCS-Leak Detection Utility Operations - General 237251 100 HOFFER, CLETIS Refunds Environmental Education 237264 100 KUDLA, MARK Refunds Environmental Education 237290 100 PEARSON, BARRY Refunds Environmental Education 237420 100 SWANSON, DALE Deposits-P&R Refunds Community Center Admin 237397 98 OXYGEN SERVICE COMPANY EMS Supplies Fire 237425 95 UNDESSER, JOHN Mileage & Parking Inspections-Administration 237421 95 TCALMC Conference/Training Fleet Operating 1010069 86 STAR TRIBUNE MEDIA COMPANY LLC Dues & Subscriptions Utility Operations - General 1010025 85 MPX GROUP, THE Printing Police 1010091 85 MPX GROUP, THE Printing Fire 1010009 81 CLAREY'S SAFETY EQUIPMENT Safety Supplies Senior Center Admin 237245 80 GENERAL MACHINING INC.Equipment Repair & Maint Park Maintenance 237390 80 MRPA Dues & Subscriptions Parks Administration 1010037 75 TOLL GAS AND WELDING SUPPLY Equipment Parts Fleet Operating 1010022 75 MCCALLEY, JAMIE Tuition Reimbursement/School Fitness Classes 1010126 73 MOTOROLA Equipment Repair & Maint Public Safety Communications 1010089 72 KRAUSE, MARY Mileage & Parking Engineering 1010026 71 MY CABLE MART Miscellaneous IT Operating 1010021 69 LOEHLEIR, KATIE Tuition Reimbursement/School Fitness Classes 1010081 69 GANDRUD, DAVID Conference/Training Fire 1010084 69 HANINK, KELLY Conference/Training Fire 237333 67 BUSINESS IMPACT GROUP Clothing & Uniforms Fire 1010100 64 SHRED-IT USA MINNEAPOLIS Waste Disposal City Center Operations 237279 62 MINNESOTA WANNER COMPANY Equipment Parts Fleet Operating 237212 60 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 1010098 58 R & R SPECIALTIES OF WISCONSIN INC Repair & Maint - Ice Rink Ice Arena Maintenance 1010049 51 GINA MARIAS INC Operating Supplies Reserves 237218 50 BERNDT, SUZANNE Refunds Environmental Education 1010078 50 COY, ERICA Tuition Reimbursement/School Police 237434 50 ZENG, JINBO Refunds Environmental Education 1010088 50 KALLIGHER, ANDREA Mileage & Parking Community Center Admin 237340 50 CUB FOODS EDEN PRAIRIE Training Supplies Police 237235 46 COMCAST Cable TV Fire Check #Amount Supplier / Explanation Account Description Business Unit Explanation 237228 46 CLEAN N PRESS MTKA Clothing & Uniforms Police 237213 45 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 237328 45 ASPEN MILLS Clothing & Uniforms Police 237263 45 KRATZ, ROBERT Refunds Environmental Education 237401 42 PETSMART Canine Supplies Police 237436 42 SCHUG, BRYAN Deposits Escrow 1010056 40 JANEX INC Janitor Service City Center Operations 237357 40 HOLMQUIST, DAVID Deposits Community Center Admin 237400 40 PETERSON, JOHN & HARRIET Deposits Community Center Admin 237407 40 ROONEY, PAUL & AUDREY Deposits Community Center Admin 1010023 37 METROPOLITAN FORD Equipment Parts Fleet Operating 237404 35 PLEAA Dues & Subscriptions Police 237315 34 WEBER, ANNETTE Deposits-P&R Refunds Community Center Admin 1010064 34 OSI BATTERIES INC Operating Supplies Police 1010131 32 QUICKSILVER EXPRESS COURIER Operating Supplies Engineering 237369 30 KENDELL DOORS & HARDWARE INC Supplies - General Bldg Fitness/Conference - Cmty Ctr 237243 25 EDEN PRAIRIE CHAMBER OF COMMERCE Conference/Training Engineering 237303 25 STATE OF MINNESOTA DEPT OF PUBLIC SAFETY Licenses & Taxes Pool Maintenance 237287 24 OLSEN CHAIN & CABLE Repair & Maint. Supplies Sewer Liftstation 237240 23 DUNN, BARB Deposits-P&R Refunds Community Center Admin 237268 20 LEAGUE OF MINNESOTA CITIES Conference/Training Human Resources 237324 20 ADAMS, KATHY J Deposits Community Center Admin 237329 20 BALASUBRAMANIAN, THIRUMALAI Deposits Community Center Admin 237335 20 CHEN, MEIYUN Deposits Community Center Admin 237343 20 EDEN PRAIRIE CHAMBER OF COMMERCE Conference/Training Economic Development 237365 20 JIN, BEI Deposits Community Center Admin 237371 20 KOSTELIZ, ANGELA Deposits Community Center Admin 237373 20 LARSON, DOROTHY Deposits Community Center Admin 237377 20 LIU, HOWARD Deposits Community Center Admin 237389 20 MONTAGUE, LUZMERY Deposits Community Center Admin 237399 20 PEA, DEBBIE Deposits Community Center Admin 237414 20 SPRAGUE, LINDA Deposits Community Center Admin 237417 20 STEELE, YVONNE Deposits Community Center Admin 237423 20 TOBIAS, JUDY Deposits Community Center Admin 237429 20 WEBER, JAMES Deposits Community Center Admin 237433 20 WROBLEWSKI, JOANN Deposits Community Center Admin 237435 18 MAHONEY, CONOR P Deposits Escrow 237426 15 UNIFORMS UNLIMITED Clothing & Uniforms Police 237258 13 INDOFF INCORPORATED Office Supplies Customer Service 237320 10 PETTY CASH Mileage & Parking Inspections-Administration 237216 5 ANONDSON, SAWYER Deposits-P&R Refunds Community Center Admin 237236 4 COMCAST Cable TV Fire 237339 2 COMCAST Other Contracted Services Police 1010020 2 KRAEMERS HARDWARE INC Supplies - General Bldg Fitness/Conference - Cmty Ctr 1,842,810 Grand Total CITY COUNCIL AGENDA SECTION: Public Hearings DATE: March 3, 2015 DEPARTMENT/DIVISION: Community Development/Planning Janet Jeremiah/Regina Rojas ITEM DESCRIPTION: High Point at Riley Creek 2nd Addition ITEM NO.: IX.A. Synopsis This is for a new 10 lot single family subdivision. The applicant has requested to postpone the item so details could be worked out on the project. The City will republish the request and mail new resident notices once the public hearing is rescheduled. Background The 120-Day Review Period Expires on May 31, 2015 Planning Commission Recommendation The Planning Commission voted 6-0 to recommend approval of the project at the January 26, 2015 meeting. CITY COUNCIL AGENDA SECTION: Public Hearing DATE: March 3, 2015 DEPARTMENT/DIVISION: Community Development Janet Jeremiah, Director Molly Koivumaki, Housing and Human Services Manager ITEM DESCRIPTION: 2015 CDBG Funding Recommendations ITEM NO.: IX.B. Requested Action Move to: Adopt the Resolution approving the use of 2015 CDBG funds as recommended by the Eden Prairie Human Services Committee. Synopsis The office of Housing and Urban Development (HUD) has announced Eden Prairie’s 2015 CDBG allocation to be $227,139. The regulations stipulate that public service funding may not exceed 15 percent of the City’s total allocation ($227,139), plus 15 percent of the previous year’s program income. The Human Services Review Committee reviewed the 2015 CDBG proposals and recommended the following activities be funded. Background Information 2015 Allocation Process The discussion of how to distribute the 2015 CDBG funds through the Human Services Review Committee included a complete review of all “Request for Funding” applications and the distribution percentage of funds in 2014. The Committee’s goals were to have the best and highest use of these funds for human services that demonstrated the most direct benefit to the community. Attachments Summary of Proposals Resolution # Human Services Activity Funding Level County Priority % of Allocation 1 PROP Housing Support Services $19,000 High 10% 2 YMCA Child Care Subsidy $11,000 High 6% 3 HOME (Household & Outside Maintenance for the Elderly) $9,000 High 4% 4 CAPSH (Emergency Vehicle Repair) $15,000 High 7% Subtotal $54,000 Housing Activities Funding Level County Priority 5 Housing Rehabilitation Deferred Loan Program $90,869 High 32% 6 Affordable Housing - WHAHLT $55,000 High 28% 7 Fair Housing Initiative $2,270 High 1% 8 Program Administration $25,000 High 12% Grand Total $227,139 2015 CDBG Public Service Application Summary Type of Funds Activity Agency 2015 Request 2014 Funding 2015 HSRC Recomme ndation Description Clients Served 2014* Projected Clients 2015 Public Service Emergency Housing Assistance PROP $30,000 $19,000 $19,000 Emergency financial assistance for rent/mortgage payments 10 Households $9,876 19 Households Public Service Household Chore & Main. for elderly Senior Comm. Services (HOME) $9,000 $9,000 $9,000 Provide outside maintenance and chore service to residents 60 and older 21 Households $6,864 25 Households Public Service Vehicle Repair CAPSH $15,000 $9,000 $15,000 Car repair for low-income families. CAPSH pays 75% of repair costs up to $750 per low/mod income resident. 10 Residents $6,915 20 Residents Public Service Childcare subsidy YMCA $20,000 $11,000 $11,000 Subsidize before and after school care for EP low/mod income working families 24 Youth $5000 25 Youth Public Service Childcare subsidy Ind. School Dist 272 $8,000 $0 $0 Materials and support for the Little Eagles Preschool Program Not CDBG Eligible because the program is funded by the general fund. 0 N/A TOTAL $82,000 $48,000 $54,000 *Clients served 7/1/2014 through 12/31/2014 Public Service funds available for 2015 = $54,000 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2015- RESOLUTION APPROVING USE OF FUNDS FOR 2015 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS WHEREAS, the City of Eden Prairie, as an entitlement community, participates in the Community Development Block Grant Program; and WHEREAS, the City of Eden Prairie has developed a proposal for the use of CDBG funds, and held a public hearing on March 3, 2015, to obtain the views of citizens on the proposed use of $227,139 for the 2015 Community Development Block Grant Program. BE IT RESOLVED that the City Council of the City of Eden Prairie approves the following activities for funding from the Block Grant program, and authorizes and directs the Mayor and the City Manager to execute Sub recipient and Third Party Agreements on behalf of the City. ACTIVITIES BUDGET PROP - Emergency Housing Assistance $ 19,000 YMCA - Child Care Subsidy $ 11,000 HOME - Household & Outside Maintenance for Elderly $ 9,000 CAPSH – Vehicle Repair $ 15,000 Housing Rehabilitation Deferred Loan Program $ 90,869 Affordable Housing – WHAHLT $ 55,000 Fair Housing Initiative $ 2,270 Program Administration $ 25,000 Total $ 227,139 ADOPTED by the City Council of the City of Eden Prairie this 3rd day of March, 2015. ___________________________ Nancy Tyra-Lukens, Mayor ATTEST: ________________________ Kathleen Porta, City Clerk CITY COUNCIL AGENDA SECTION: Ordinances & Resolutions DATE: March 3, 2015 DEPARTMENT/DIVISION: George Esbensen, Fire Chief ITEM DESCRIPTION: Rescinding the First Reading of Ordinance Amending City Code Chapter 9 relating to Point of Sale Inspections ITEM NO.: XI.A. Requested Action Move to: Rescind the Approval of the first reading of an ordinance amending City Code Chapter 9 by adding Section 9.17 relating to Point of Sale inspections. Synopsis The proposed Point of Sale ordinance is a component of a multi-pronged approach to establishing community wide maintenance standards for buildings in the City of Eden Prairie. The vision is to proactively develop and implement property maintenance codes to: • Decrease the risk of blight • Decrease the concentration of crime • Keep peace within neighborhoods • Maintain property values Background Information The intent for implementing property maintenance codes, such as the Point of Sale ordinance, is to proactively protect the City’s housing stock prior to the emergence of significant property maintenance issues in our community. While this is still our philosophy, it is apparent from the feedback we have received that the community does not feel the condition of our existing housing stock has met the threshold for implementing such an ordinance at this time. Staff is therefore recommending that the proposed Point of Sale ordinance brought before you for a first reading at the Feb. 3, 2015, City Council meeting be rescinded. We further recommend that you direct staff to continue soliciting public input to explore the use of other tools, including those previously adopted, to help ensure minimum maintenance standards for all homes in our community and report those findings to the City Council – the purpose of the minimum maintenance standards being: • Enhancing the supply of safe, sanitary and adequate housing • Preventing deterioration of the overall housing stock • Protecting the general health, safety and public welfare of our residents CITY COUNCIL AGENDA SECTION: Appointments DATE: March 3, 2015 DEPARTMENT/DIVISION: City Council ITEM DESCRIPTION: 2015 City Commission Appointments ITEM NO.: XIII.A. Requested Action Move to: Appoint to the Conservation Commission _______________ Move to: Appoint to the Flying Cloud Airport Advisory Commission ________________ Move to: Appoint to the Heritage Preservation Commission ________________ Move to: Appoint to the Human Rights and Diversity Commission __________________ Move to: Appoint to the Parks, Recreation and Natural Resources Commission _________________ Move to: Appoint to the Planning Commission ______________________ Synopsis The City Council hosted Commission interviews on Wednesday, February 24, 2015. There were 9 to 16 openings due to expiration of terms and resignations. The City received 21 applications - 17 from new applicants and 4 from commissioners reapplying for positions. All terms will begin on April 1. A required orientation session for new commissioners will be held on Tuesday, March 24. CITY COUNCIL AGENDA SECTION: Appointments DATE: March 3, 2015 DEPARTMENT/DIVISION: City Council ITEM DESCRIPTION: Appointments to 2015 Board of Appeal and Equalization (BAE) ITEM NO.: XIII.B. Requested Action Move to: Appoint to the Board of Appeal and Equalization Nate Thompson and Denise Kraemer for the period of March 1, 2015 through May 31, 2015, or until the Board of Appeal and Equalization completes its work. Synopsis The Council appointed Lyndon Moquist, Todd Walker and Annette O’Connor at the November 18, 2014, meeting to satisfy the requirement to certify by December 1 of the year prior to the 2015 Board meeting that at least one member had the required training. These two additional proposed members for Council approval are experienced real estate professionals with extensive knowledge of the Southwest metro area. With the appointment of Nate Thompson (Edina Realty) and Denise Kraemer (Edina Realty) the Board will be fully staffed for 2015. 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. CITY COUNCIL AGENDA SECTION: Appointments DATE: March 4, 2014 DEPARTMENT/ DIVISION: City Council ITEM DESCRIPTION: 2015 Appointments of Chairs and Vice Chairs to City Commissions ITEM NO.: XIII.C. Requested Action Move to: Appoint ______________ - Chair and ____________ Vice Chair of the Board of Appeal & Equalization. Move to: Appoint __________- Chair and __________- Vice Chair of the Conservation Commission. Move to: Appoint __________- Chair and __________- Vice Chair of the Heritage Preservation Commission. Move to: Appoint __________- Chair and __________- Vice Chair of the Human Rights and Diversity Commission Move to: Appoint __________- Chair and __________- Vice Chair of the Parks, Recreation and Natural Resources Commission. Move to: Appoint __________- Chair and __________- Vice Chair of the Planning Commission. Synopsis Chairs and Vice Chairs are appointed annually by the City Council following the appointment of members to City Commissions. The City Council hosted Commission interviews on Tuesday, February 24, and determined Chair and Vice Chair assignments for the period of April 1, 2015, through March 31, 2016.