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Home My WebLink AboutCity Council - 05/03/2016 AGENDA CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY,MAY 3, 2016 CITY CENTER 5:00—6:25 PM, HERITAGE ROOMS 6:30—7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Nancy Tyra-Lukens, Council Members Brad Aho, Sherry Butcher Wickstrom, Kathy Nelson, and Ron Case CITY STAFF: City Manager Rick Getschow, Police Chief Rob Reynolds, Fire Chief George Esbensen, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, Communications Manager Joyce Lorenz, City Attorney Ric Rosow, and Recorder Lorene McWaters Workshop-Heritage Room II(5:30 p.m.) I. 2015 COMPREHENSIVE ANNUAL FINANCIAL REPORT/AUDIT (5:30) II. POLICE DEPARTMENT UPDATE (6:00) Open Podium - Council Chamber (6:30 p.m.) III. OPEN PODIUM IV . ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,MAY 3, 2016 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, 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. TOUR DE TONKA PRESENTATION B. 2015 COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. COUNCIL GOAL SETTING WORKSHOP HELD TUESDAY, MARCH 22, 2016 B. COUNCIL WORKSHOP HELD TUESDAY,APRIL 5, 2016 C. CITY COUNCIL MEETING HELD TUESDAY,APRIL 5, 2016 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. STARBUCKS by Told Development Company. Second Reading of the Ordinance for Planned Unit Development District Review with waivers on 1.38 acres and Zoning District Change from R1-13.5 to Highway Commercial (C- HWY) on 0.44 acres; Site Plan Review on 1.38 acres and Preliminary Plat of three lots into two lots on 1.38 acres. Location: 11190 West 62nd St. (Ordinance for PUD District Review with waivers and Zoning District Change; Resolution for Site Plan Review) CITY COUNCIL AGENDA May 3, 2016 Page 2 C. PARK NICOLLET HEALTH SERVICES by BWBR. Second Reading of the Ordinance for Planned Unit Development District Review with waivers on 4.61 acres and Zoning District Amendment within the Office Zoning District on 4.61 acres and Site Plan Review on 4.61 acres. Location: 8455 Flying Cloud Drive (Ordinance for PUD District Review with waivers and Zoning District Amendment; Resolution for Site Plan Review) D. CAMP EDEN WOOD RESPITE CENTER by True Friends. Second Reading of the Ordinance for Planned Unit Development District Review with waivers on 51.81 acres and Zoning District Amendment within the Public Zoning District on 51.81 acres and Site Plan Review on 51.81 acres. Location: 6350 Indian Chief Rd. Ordinance for PUD District Review with waivers and Zoning District Amendment; Resolution for Site Plan Review) E. OPTUM PUD AMENDMENT by United Health Group. Second Reading of the Ordinance for Planned Unit Development District Review with waivers on 89.63 acres and Zoning District Amendment within the I-5 Zoning District on 89.63 acres and Site Plan Review on 89.63acres. Location: 13625 Technology Drive (Ordinance for PUD District Review with waivers and Zoning District Amendment; Resolution for Site Plan Review) F. ADOPT RESOLUTION APPROVING LIMITED-USE PERMIT FOR MUNICIPAL ENTRY MONUMENT SIGNS IN THE RIGHT- OF-WAY OF TH 169 AT ANDERSON LAKES PARKWAY, TH 5 AT DELL RD., AND TH 212 AT DELL RD. G. AWARD CONTRACT FOR MILLER PARK #8 IMPROVEMENTS TO MINNESOTA ROADWAYS H. AWARD CONTRACT FOR MILLER PARK#10 RENOVATION TO DUNINICK I. APPROVE MAINTENANCE AGREEMENT WITH RILEY PURGATORY BLUFF CREEK WATERSHED DISTRICT FOR MILLER PARK#10 PROJECT J. AWARD CONTRACT FOR ROUND LAKE IRRIGATION TO GREEN ACRES SPRINKLER COMPANY K. AWARD CONTRACT FOR WILLOW PARK TENNIS COURT RENOVATION TO DERMCO-LAVINE CONSTRUCTION L. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH HTPO FOR TRAIL PROJECT DESIGN M. REJECT BIDS FOR STARING LAKE PLAY AREA RENOVATION CITY COUNCIL AGENDA May 3, 2016 Page 3 N. AWARD CONTRACT FOR 4TH OF JULY FIREWORKS TO RES SPECIALTY PYROTECHNICS O. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH WEITZMAN STUDIOS,INC. FOR LRT BRIDGE PIER RELIEF DESIGNS P. ADOPT RESOLUTION IN SUPPORT OF IMPROVEMENTS TO HIGHWAY 101 BETWEEN PIONEER TRAIL AND FLYING CLOUD DRIVE IN THE CITY OF CHANHASSEN Q. DECLARE POLICE VEHICLE #265 AS SURPLUS EQUIPMENT AND AUTHORIZE PURCHASE OF A REPLACEMENT VEHICLE R. AWARD CONTRACT FOR 2016 SEALCOAT PROJECT TO ALLIED BLACKTOP COMPANY S. AWARD CONTRACT FOR 2016 BITUMINOUS MILL & OVERLAY PROJECT TO PARK CONSTRUCTION, INC. T. AWARD CONTRACT FOR 2016 BITUMINOUS CRACK SEAL PROJECT TO AMERICAN PAVEMENT SOLUTIONS U. APPROVE LICENSE AGREEMENT WITH HENNEPIN COUNTY FOR ELECTION EQUIPMENT V. ADOPT RESOLUTION SUPPORTING APPOINTMENT OF PETER IVERSEN TO THE RILEY-PURGATORY-BLUFF CREEK WATERSHED DISTRICT BOARD OF MANAGERS IX. PUBLIC HEARINGS/MEETINGS A. EDEN PRAIRIE SENIOR LIVING by Kaas Wilson Architects. Request for Comprehensive Guide Plan Change from Low Density Residential and Office to High Density Residential on 3.11 acres; Planned Unit Development Concept Review on 3.11 acres; Planned Unit Development District Review with waivers on 3.11 acres; Zoning District Change from Rural to Office and RM-2.51 on 3.11 acres; Site Plan Review on 3.11 acres and Preliminary Plat of five lots into one lot and one outlot on 3.11 acres. Location: 10220, 10240 & 10280 Hennepin Town Rd. (Resolution for Guild Plan Change; Resolution for PUD Concept; Ordinance for PUD District Review with waivers and Zoning District Change; Resolution for Preliminary Plat) X. PAYMENT OF CLAIMS M. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS AND COMMUNICATIONS CITY COUNCIL AGENDA May 3, 2016 Page 4 XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR 1. Policy for Vegetation Management within Right-of-way and Drainage, Utility or Trail Easements F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT ANNOTATED AGENDA DATE: May 3, 2016 TO: Mayor and City Council FROM: Rick Getschow, City Manager RE: City Council Meeting for Tuesday, May 3, 2016 TUESDAY,MAY 3, 2016 7:00 PM, COUNCIL CHAMBER I. CALL THE MEETING TO ORDER II. COLOR GUARD/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. TOUR DE TONKA PRESENTATION Jenny Bodurka from Minnetonka Community Education will give an update on the 2016 Tour de Tonka. B. 2015 COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) Synopsis: Minnesota statutes require that the City prepare an annual financial report and statements in accordance with Generally Accepted Accounting Principles. The attached report meets these requirements. The report was prepared by the Finance Division and audited by the independent auditing firm of Clifton Larson Allen. Clifton Larson Allen issued an unmodified opinion which is the highest level of opinion the City can receive and means the auditor believes the financial statements are fairly presented in all material respects. Chris Knopik, principal in the accounting firm,will make a presentation of the financial report. MOTION: Move to accept the 2015 Comprehensive Annual Financial Report (CAFR). V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Move to approve the agenda. ANNOTATED AGENDA May 3,2016 Page 2 VI. MINUTES MOTION: Move to approve the following City Council minutes: A. COUNCIL GOAL SETTING WORKSHOP HELD TUESDAY, MARCH 22, 2016 B. COUNCIL WORKSHOP HELD TUESDAY,APRIL 5, 2016 C. CITY COUNCIL MEETING HELD TUESDAY, APRIL 5, 2016 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR MOTION: Move approval of items A-V on the Consent Calendar. A. CLERK'S LICENSE LIST B. STARBUCKS by Told Development Company. Second Reading of the Ordinance for Planned Unit Development District Review with waivers on 1.38 acres and Zoning District Change from R1-13.5 to Highway Commercial (C-HWY) on 0.44 acres; Site Plan Review on 1.38 acres and Preliminary Plat of three lots into two lots on 1.38 acres. Location: 11190 West 62nd St. (Ordinance for PUD District Review with waivers and Zoning District Change; Resolution for Site Plan Review) C. PARK NICOLLET HEALTH SERVICES by BWBR. Second Reading of the Ordinance for Planned Unit Development District Review with waivers on 4.61 acres and Zoning District Amendment within the Office Zoning District on 4.61 acres and Site Plan Review on 4.61 acres. Location: 8455 Flying Cloud Drive (Ordinance for PUD District Review with waivers and Zoning District Amendment; Resolution for Site Plan Review) D. CAMP EDEN WOOD RESPITE CENTER by True Friends. Second Reading of the Ordinance for Planned Unit Development District Review with waivers on 51.81 acres and Zoning District Amendment within the Public Zoning District on 51.81 acres and Site Plan Review on 51.81 acres. Location: 6350 Indian Chief Rd. Ordinance for PUD District Review with waivers and Zoning District Amendment; Resolution for Site Plan Review) E. OPTUM PUD AMENDMENT by United Health Group. Second Reading of the Ordinance for Planned Unit Development District Review with waivers on 89.63 acres and Zoning District Amendment within the I-5 Zoning District on 89.63 acres and Site Plan Review on 89.63acres. Location: 13625 Technology Drive (Ordinance for PUD District Review with waivers and Zoning District Amendment; Resolution for Site Plan Review) F. ADOPT RESOLUTION APPROVING LIMITED-USE PERMIT FOR MUNICIPAL ENTRY MONUMENT SIGNS IN THE RIGHT- OF-WAY OF ANNOTATED AGENDA May 3,2016 Page 3 TH 169 AT ANDERSON LAKES PARKWAY, TH 5 AT DELL RD.,AND TH 212 AT DELL RD. G. AWARD CONTRACT FOR MILLER PARK#8 IMPROVEMENTS TO MINNESOTA ROADWAYS H. AWARD CONTRACT FOR MILLER PARK#10 RENOVATION TO DUNINICK I. APPROVE MAINTENANCE AGREEMENT WITH RILEY PURGATORY BLUFF CREEK WATERSHED DISTRICT FOR MILLER PARK#10 PROJECT J. AWARD CONTRACT FOR ROUND LAKE IRRIGATION TO GREEN ACRES SPRINKLER COMPANY K. AWARD CONTRACT FOR WILLOW PARK TENNIS COURT RENOVATION TO DERMCO-LAVINE CONSTRUCTION L. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH HTPO FOR TRAIL PROJECT DESIGN M. REJECT BIDS FOR STARING LAKE PLAY AREA RENOVATION N. AWARD CONTRACT FOR 4TH OF JULY FIREWORKS TO RES SPECIALTY PYROTECHNICS O. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH WEITZMAN STUDIOS, INC. FOR LRT BRIDGE PIER RELIEF DESIGNS P. ADOPT RESOLUTION IN SUPPORT OF IMPROVEMENTS TO HIGHWAY 101 BETWEEN PIONEER TRAIL AND FLYING CLOUD DRIVE IN THE CITY OF CHANHASSEN Q. DECLARE POLICE VEHICLE #265 AS SURPLUS EQUIPMENT AND AUTHORIZE PURCHASE OF A REPLACEMENT VEHICLE R. AWARD CONTRACT FOR 2016 SEALCOAT PROJECT TO ALLIED BLACKTOP COMPANY S. AWARD CONTRACT FOR 2016 BITUMINOUS MILL & OVERLAY PROJECT TO PARK CONSTRUCTION, INC. T. AWARD CONTRACT FOR 2016 BITUMINOUS CRACK SEAL PROJECT TO AMERICAN PAVEMENT SOLUTIONS U. APPROVE LICENSE AGREEMENT WITH HENNEPIN COUNTY FOR ELECTION EQUIPMENT ANNOTATED AGENDA May 3,2016 Page 4 V. ADOPT RESOLUTION SUPPORTING APPOINTMENT OF PETER IVERSEN TO THE RILEY-PURGATORY-BLUFF CREEK WATERSHED DISTRICT BOARD OF MANAGERS IX. PUBLIC HEARINGS/MEETINGS A. EDEN PRAIRIE SENIOR LIVING by Kaas Wilson Architects. Request for Comprehensive Guide Plan Change from Low Density Residential and Office to High Density Residential on 3.11 acres; Planned Unit Development Concept Review on 3.11 acres; Planned Unit Development District Review with waivers on 3.11 acres; Zoning District Change from Rural to Office and RM-2.51 on 3.11 acres; Site Plan Review on 3.11acres and Preliminary Plat of five lots into one lot and one outlot on 3.11 acres. Location: 10220, 10240 & 10280 Hennepin Town Rd. (Resolution for Guild Plan Change; Resolution for PUD Concept; Ordinance for PUD District Review with waivers and Zoning District Change; Resolution for Preliminary Plat) Synopsis: The project proponent has determined that additional time is needed to incorporate various changes into the proposed plan. As a result, the project proponent is requesting that the public hearing for this item be continued indefinitely. The proponent has provided and indefinite extension to the 120-Day review period. The property owners within 500 feet of the subject properties have been notified of the request to continue the public hearing and will be notified prior to scheduling of any future public hearing. X. PAYMENT OF CLAIMS MOTION: Move approval of Payment of Claims as submitted (Roll Call Vote). XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR 1. Policy for Vegetation Management within Right-of-way and Drainage, Utility or Trail Easements ANNOTATED AGENDA May 3,2016 Page 5 Synopsis: The purpose of this policy is to provide for the safety and protection of right-of-way users and their property, to allow for the proper maintenance of roads, trails, sidewalks, and utilities, and to protect below ground and above ground utility infrastructure. This policy establishes standards that should be considered when pruning or removing vegetation which conflicts with intended uses of the right-of-way and drainage, utility or trail easements. Typical reasons the City prunes or removes vegetation within the right-of-way and drainage, utility or trail easements are: • A tree or tree limb has fallen on a street, trail, sidewalk, above ground utility or boulevard. • Vegetation is interfering with vehicles such as snow plow trucks, street sweepers, garbage trucks, school buses and pavement/utility maintenance equipment. • Vegetation is blocking adequate sight lines within an intersection sight triangle. • Vegetation is interfering with a right-of-way user's ability to see traffic signals and traffic signs, or is unduly blocking a street light. • Vegetation is preventing the ability to safely maintain or operate water, wastewater or stormwater infrastructure. • A tree is determined to be a hazardous tree by the City Forester because it endangers public health, safety or welfare. All vegetation pruning and removal done in accordance with this policy will be performed at no cost to the property owner. The procedures used for vegetation management within right-of-way and easements have also been included for the Council's information. MOTION: Move to adopt the policy for vegetation management within the right-of-way and drainage, utility or trail easements. F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVII. ADJOURNMENT MOTION: Move to adjourn the City Council meeting. CITY COUNCIL AGENDA DATE: SECTION: Presentations May 3, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IV.B. Sue Kotchevar, Office of the 2015 Comprehensive Annual Financial City Manager/Finance Report(CAFR) Requested Action Move to: Accept the 2015 Comprehensive Annual Financial Report (CAFR). Synopsis Minnesota statutes require that the City prepare an annual financial report and statements in accordance with Generally Accepted Accounting Principles. The attached report meets these requirements. The report was prepared by the Finance Division and audited by the independent auditing firm of Clifton Larson Allen. Clifton Larson Allen issued an unmodified opinion which is the highest level of opinion the City can receive and means the auditor believes the financial statements are fairly presented in all material respects. Chris Knopik,principal in the accounting firm will make a presentation of the financial report. Attachments • 2015 CAFR • Internal Control Communication Letter • Independent Auditor's Report •. s„._. _ , 10 'A EDEN 4_A...i.1 p PRAIRIE ) LIVE•WORK•DREAM ., e', w r , *r �s .. '4 :of /I ,. alo . ? 1- . 1 t lh, k • ii It, : 1 ,_ .. I. * , 1 11Y / a 1 1 r i _/ z7v,e'deedeG r . ,t-. ,„ : LI, -.1: 11114,.: iiiiv' I t�-:.,� ! 7 1`:=..�=='tea,,, r_ e i - •-'* . 41'. - ----LAI C.I. , _ ' L-,-;•.---1 -. air COMPREHENSIVEFINANCIAL REPORT FOR THE YEAR ENDED DECEMBER 31 , 2015 CITY OF EDEN PRAIRIE, MINNESOTA COMPREHENSIVE ANNUAL FINANCIAL REPORT of the CITY OF EDEN PRAIRIE MINNESOTA For The Year Ended December 31, 2015 Rick Getschow, City Manager Prepared by THE FINANCE DIVISION Sue Kotchevar, Chief Financial Officer City of Eden Prairie, Minnesota For the Year Ended December 31, 2015 Table of Contents Page Introductory Section Letter of Transmittal 7 GFOA Certificate of Achievement 15 Organizational Chart 16 List of Principal Officials 17 Financial Section Independent Auditors' Report 19 Management's Discussion and Analysis 22 Basic Financial Statements Government-wide Financial Statements Statement of Net Position 38 Statement of Activities 40 Fund Financial Statements Balance Sheet-Governmental Funds 43 Reconciliation of the Balance Sheet of Governmental Funds to the Statement of Net Position 45 Statement of Revenues, Expenditures and Changes in Fund Balances - Governmental Funds 46 Reconciliation of the Statement of Revenues, Expenditures and Changes in Fund Balances of Governmental Funds to the Statement of Activities 48 Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual - General Fund 49 Statement of Net Position - Proprietary Funds 52 Statement of Revenues, Expenses and Changes in Net Position - Proprietary Funds 53 Statement of Cash Flows - Proprietary Funds 54 Statement of Fiduciary Net Position-Agency Funds 56 Notes to Financial Statements 57 City of Eden Prairie, Minnesota For the Year Ended December 31, 2015 Page Required Supplemental Information Modified Approach for Infrastructure Assets 109 Other Post-Employment Benefits Plan-Schedule of Funding Progress 110 Schedule of Proportionate Share of Net Pension Liability Public Employees General Employees Retirement Fund 111 Public Employees Police and Fire Fund 112 Eden Prairie Fire Relief 113 Schedule of Contributions Public Employees General Employees Retirement Fund 114 Public Employees Police and Fire Fund 115 Eden Prairie Fire Relief 116 Combining Fund Statements Combining Balance Sheet- Nonmajor Governmental Funds 124 Combining Statement of Revenues, Expenditures and Changes in Fund Balances -Nonmajor Governmental Funds 133 Combining Statement of Net Position - Internal Service Funds 143 Combining Statement of Revenues, Expenses and Changes in Net Position - Internal Service Funds 145 Combining Statement of Cash Flows - Internal Service Funds 147 Combining Statement of Fiduciary Net Position -Agency Funds 152 Combining Statement of Changes in Assets and Liabilities - Agency Funds 153 Statistical Section Government-wide Net Position by Category 156 Changes in Net Position - Total 157 Changes in Net Position - Governmental Activities 158 Changes in Net Position - Business-type Activities 159 Fund Balances - Governmental Funds 160 Changes in Fund Balances - Governmental Funds 161 Assessed/Tax Capacity Value and Estimated Market Value of Property 162 Direct and Overlapping Property Tax Rates 163 Principal Property Taxpayers 164 Property Tax Levies and Collections 165 Legal Debt Margin 166 Ratios of Outstanding Debt by Type 167 Ratios of Total Debt Outstanding by Type 168 City of Eden Prairie, Minnesota For the Year Ended December 31, 2015 Computation of Direct and Overlapping Bonded Debt 169 Demographic and Economic Statistics 170 Principal Employers 171 Employees by Function 172 Operating Indicators 179 Capital Assets Statistics by Function 180 6 11/4,„ EDEN PRAIRIE April 27,2016 [ vE.olonooRrAm To the Honorable Mayor, Members of the City Council and the Citizens of the City of Eden Prairie: The comprehensive annual financial report of the City of Eden Prairie, Minnesota, for the year ended December 31, 2015, is hereby submitted. The report was prepared in accordance with accounting principles generally accepted in the United States of America (GAAP) as established by the Governmental Accounting Standards Board and meets the requirements of the State Auditor's Office. The report consists of management's representations concerning the finances of the City. Consequently management assumes full responsibility for the completeness and reliability of all information presented within this report. To provide a reasonable basis for making these representations, management of the City has established internal controls designed to protect the City's assets from loss, theft or misuse and to provide sufficient information for the preparation of these financial statements in conformity with GAAP. Because the cost of internal controls should not outweigh the benefits, the City's internal controls have been designed to provide reasonable rather than absolute assurance that the financial statements will be free from material misstatements. As management, we assert that to the best of our knowledge and belief this financial report is complete and reliable in all material respects. The City's financial statements have been audited by CliftonLarsonAllen LLP, Certified Public Accountants. The goal of the independent audit was to provide reasonable assurance that the financial statements of the City for the year ended December 31, 2015, are free of material misstatement. The independent audit involved examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements, assessing the accounting principles used and significant estimates used by management; and evaluating the overall financial statement presentation. Based upon the audit, the independent auditor concluded that there was reasonable basis for rendering an unmodified opinion that the City's financial statements, for the year ended December 31, 2015, are fairly presented in conformity with GAAP. The independent auditors' report is present in the financial section of this report. GAAP requires that management provide a narrative introduction, overview, and analysis to accompany the basic financial statements in the form of Management's Discussion and Analysis (MD&A). This letter of transmittal is designed to complement the MD&A and should be read in conjunction with it. The City's MD&A can be found in the financial section of this report immediately following the report of the independent auditors. City Profile Eden Prairie is a suburban community of 62,593 people located in the southwest corner of Hennepin County in a setting of rolling hills and picturesque lakes and creeks. Eden Prairie has a convenient location, a comprehensive system of highways, and is a short distance from downtown Minneapolis and St. Paul and the Minneapolis-St. Paul International Airport. Incorporated in 1974 as a city, the City of Eden Prairie operates under a Statutory Plan B form of government. Policymaking and legislative authorities are vested in the governing council, which consists of a mayor and a four-member council. The governing council is responsible, among other things, for passing ordinances, adopting the budget, appointing committees and hiring the government's manager and attorney. The council is elected on a nonpartisan basis. The mayor and council members are elected to four-year staggered terms. The City Manager is responsible for carrying out the policies and ordinances of the governing council, for overseeing the day-to- day operations of the government, and to assign appropriate responsibility and authority to City staff for the efficient and effective delivery of City services. The City provides its residents and businesses with a full range of municipal services consisting of police and fire protection, street maintenance, recreation programs, park maintenance, community and economic development,building inspections, and a water and sewer utility. The City is also financially accountable for the Housing and Redevelopment Authority (HRA), which is included in the City's financial statements as a blended component unit. Additional information on the HRA can be found in Note 1 in the notes to the financial statements. The biennial budget serves as the foundation for the City's financial planning and control. Departments submit budget requests to Finance in May and the City Manager presents the proposed budget to the City Council for review prior to September 30th of each year. Budget workshops are usually held with the City Council in June or July and in August. The City Council holds a public meeting on the proposed budget and adopts the final budget in December each year. During the first year of the two year budget process, both years' budgets are developed and the first year's budget is adopted by the council. During the second year of the two year budget 8 process, budget work is minimized. Staff updates the budget for any significant budget developments and the council then reviews and adopts the second year budget. The budget is prepared by department and division. The City's directors and division managers may make transfers of appropriations within a division. Transfers of appropriations between departments require the approval of the City Manager. Any changes in the total budget must be approved by the City Council. Economic Conditions and Outlook The City of Eden Prairie is located in the southwest corner of the Minneapolis/St. Paul Metropolitan area. With the last update of the comprehensive plan and the trend towards condensed multi-family housing in the downtown area, it is expected that Eden Prairie's population will grow to 84,800 by 2040. Year Population Increase 1960 Census 3,233 134% 1970 Census 6,938 115% 1980 Census 16,263 134% 1990 Census 39,311 142% 2000 Census 54,901 40% 2010 Census 60,797 11 2015 Estimate 62,593 3% Below summarizes City market value since 2007. Market Value -Year Taxes Payable 10,000,000,000 8,000,000,000 6,000,000,000 4,000,000,000 2,000,000,000 0 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 ■Market Value 9 The City's tax base increased from $8.6 billion to $9.1 billion from 2014 to 2015. In 2016, the market value increased to $9.6 billion. The business environment in Eden Prairie is good. Eden Prairie's unemployment rate is 2.3% which is less than the State rate of 3.7% and the US rate of 5.0%. Business continues to invest in Eden Prairie including the following new development this past year: • Optum remodel- $4,256,000 valuation • North Memorial Clinic interior finish- $1,290,000 valuation • MN Jet/CH Robinson Hanger- $1,153,120 valuation • Byerlys remodel- $1,050,000 valuation • Lifetime Fitness addition - $1,000,000 valuation • Rogers Behavioral Health interior finish$1,000,000 valuation • Wand Corporation tenant finish - $850,000 valuation • SW Metro Bus Garage remodel- $887,224 valuation • ALDI's remodel - $760,584 valuation • New Aircraft Hangers - $1,153,120 and$750,000 valuation • EdgeConnex interior finish - $750,000 valuation • Statasys interior finish - $734,000 valuation • Mission Animal Hospital interior finish - $672,000 valuation We expect businesses to continue to invest in Eden Prairie and to remain a favorable location to conduct business. Light Rail Transit(LRT) The proposed Southwest Light Rail Transit (LRT) line is a high-frequency train serving Eden Prairie, Minnetonka, Hopkins, St. Louis Park, and Minneapolis. It is part of the Green Line which includes the Central Corridor LRT currently under construction. Therefore, riders of Southwest LRT will be able to continue into St. Paul via the Central Corridor without changing trains. The Southwest LRT line will also connect to other rail lines (Hiawatha, Northstar, and the future Bottineau) and high-frequency bus routes in downtown Minneapolis, providing access to the University of Minnesota, Minneapolis-St. Paul Airport, Mall of America, the State Capitol, downtown St. Paul, Big Lake, and eventually the northern Twin Cities suburbs. Connections to other rail lines will occur at the Intermodal Station in downtown Minneapolis. At this time, the Southwest LRT is projected to open in 2019 or 2020; the project schedule depends on securing federal and local funds. 10 There are currently three proposed Light Rail stations in Eden Prairie. Eden Prairie's LRT projects include planning and development of the stations,park-and-ride facilities,local roadway improvements, sidewalks, trails, streetscape and other infrastructure. The station areas also have great potential for additional housing, employment and shopping opportunities via infill or redevelopment. United Health Group The northeast corner of Eden Prairie has been transformed with the construction of the United Health Group (UHG) campus and substantial road improvements along Shady Oak Road. The first phase of the UHG project included the construction of two eight story buildings and a parking ramp in 2013. The second phase was completed in 2014 with the completion of the third building and the third phase is expected to be completed in the future with the completion of a fourth building. The total project includes four new buildings totaling almost 1.5 million square feet of office space on 71 acres. The $240 M redevelopment project is transforming the wooded area just bordering Eden Prairie into a state-of-the-art walkable corporate campus with space for a light rail transit station. Eden Prairie serves as the corporate headquarters location for many national and international businesses including CH Robinson World Wide, GE Capital, United Healthcare Services, numerous multi-tenant office building partnerships, Lifetouch Inc., SuperValu Inc, American Family Mutual Insurance, MTS systems Corporation, and others. Eden Prairie also has key locations for retailing including the City's mall which has approximately 1.5 million square feet of shopping. The mall is part of the City's "Major Center Area" or downtown. Stores include a 160,000 square foot Von Maur Department Store, a Barnes and Noble Bookstore, an 18-screen AMC movie theater, and numerous restaurants. The Southwest Station is also part of the City's downtown and includes the Southwest metro transit hub and offices, 900 car parking structure, multiple restaurants and a luxury 236 unit condominium complex. Long-term Financial Planning The City has implemented various financial/budget policies to guide the Council and staff when making financial decisions to ensure the long-term stability and flexibility of City finances and operations. These policies include the following: • The original budget should be balanced with revenues equal to expenditures, 11 • One-time revenues will be used for one-time expenditures, • The City will maintain fund balance for working capital in the general fund at 50% of the next year's tax levy, • The City will also maintain 10% of the next year's budget in fund balance for budget stabilization and 5% of the next year's budget for budget balancing in the general fund, • The City will confine long-term debt to capital improvements or projects that cannot be financed from current revenues,and • The City will maintain a ten-year capital improvement plan to provide for capital asset acquisition,maintenance, replacement, and retirement. Adherence to these polices has helped the City maintain a stable financial operations and also to maintain our Aaa and AAA bond rating from Moody's Investors Services and Standard and Poors, respectively. Major Initiatives Shady Oak Road In conjunction with United Health Group's business expansion in Eden Prairie, the City in coordination with Hennepin County, MnDOT, and the City of Minnetonka is in the process of constructing improvements of Shady Oak Road (County Road 61) between and including the interchanges of Highway 62 and Highway 212. The project is being constructed in two phases called North and South. The northern phase of the project which starts approximately 800 feet north of Rowland Road and extends northerly through the Highway 62 interchange was completed in 2013. The project cost approximately $10 million dollars and was 100% assessed. The southern phase of the project,which includes the full reconstruction of Shady Oak Road from the intersection of Flying Cloud Drive to the limits of the north phase (800 feet north of Rowland Road),is currently under construction and substantially complete as of the end of 2015. The project will cost approximately $30 million dollars. This phase of the project is funded by State grant funds, municipal state aid,Hennepin County, and special assessment. Aquatics&Fitness Expansion After a long review process, the Eden Prairie City Council approved a $20M Aquatics & Fitness Expansion at the Community Center. Initially a feasibility study identified facility deficiencies, challenges in programming and user group access, and changing demographic trends. Improvements to the facility include the following: 12 Pools • The current pool was replaced with the following pools: o An 8-lane competition pool which has water depths from 4.5 to 7 feet. o A second competition pool which has water depths of 3.5 to 12 feet. This pool also has two diving boards and a climbing wall. • A recreational pool with zero-depth entry • A water slide with plunge pool • A hot tub • Spectator seating for 300 • Men's and women's wet locker rooms Fitness • Expansion of the fitness floor and cardiovascular equipment • Additional fitness studio • Expansion of current fitness studio • Accessible fitness area restrooms The expansion addresses the challenges identified in the feasibility study and provides improved aquatic service to the community. The project was completed in April of 2016. Certificate of Achievement The Government Finance Officers Association of the United States and Canada (GFOA) awarded a Certificate of Achievement for Excellence in Financial Reporting to the City of Eden Prairie for its Comprehensive Annual Financial Report (CAFR) for the fiscal year ended December 31,2014. The Certificate of Achievement is a prestigious national award-recognizing conformance with the highest standards for preparation of state and local government financial reports. In order to be awarded a Certificate of Achievement, a government unit must publish an easily readable and efficiently organized comprehensive annual financial report whose contents conform to program standards. Such comprehensive annual financial report must satisfy both generally accepted accounting principles and applicable legal requirements. A Certificate of Achievement is valid for a period of one year. The City of Eden Prairie has received a Certificate of Achievement every year since 1990. We believe our current report continues to conform to the Certificate of Achievement program requirements, and we are submitting it to GFOA. In addition, the Government Finance Officers Association of the United States and Canada (GFOA) presented the Distinguished Budget Presentation award to the City of Eden Prairie for its Two Year Budget for the fiscal years beginning January 1, 2014 and 2015. In order to receive this award, a government unit must publish a budget document that meets program criteria as a policy document, as an operations guide, as a financial plan and a communications device. The 13 award is valid for a period of two years only. The City of Eden Prairie has received a Distinguished Budget Presentation award for every budget since 1998. Also,the Government Finance Officers Association of the United States and Canada (GFOA) has given an Award for Outstanding Achievement in Popular Annual Financial Reporting to the City of Eden Prairie for its Popular Annual Financial Report for the fiscal year ended December 31, 2014. The Award for Outstanding Achievement in Popular Annual Financial Reporting is a national award recognizing conformance with the highest standards for preparation of state and local government financial reports. In order to receive an Award for Outstanding Achievement in Popular Annual Financial Reporting, a government unit must publish a Popular Annual Financial Report, whose contents conform to program standards of creativity, presentation, understandability, and reader appeal. An Award for Outstanding Achievement in Popular Annual Financial Reporting is valid for a period of one year only. The City of Eden Prairie has received the award annually since 1998. We believe our current report continues to conform to the Popular Annual Financial Reporting requirements, and we are submitting it to GFOA. Acknowledgements We would like to thank the Mayor and Council Members for their continued support in planning and conducting the financial operations of the City in a responsible and progressive manner. We would also like to express our appreciation to the employees of the Finance Division for their contribution to the preparation of this report. Respectfully submitted, W, )-It .joi,,.,_ kdir't- .P -- Rick Getschow Sue Kotchevar City Manager Chief Financial Officer 14 City of Eden Prairie, Minnesota For the Year Ended December 31, 2015 G[) Government Finance Officers Association Certificatef Achievement for Excellence in Financial Reporting Presented to City of Eden Prairie Minnesota For its Comprehensive Annual Financial Report for the.Fiscal Year Ended December 31, 2014 Executive Director/CF 15 City of Eden Prairie, Minnesota For the Year Ended December 31, 2015 Citizens Housing&Redevelopment Boards and Commissions City Council Authority(HRA)' • Board of Appeals and Equalizalian 'City Council serves in this capaciL} • Conservation Commission • Flying Cloud Airport Advisory Commission • Heritage Preservation Commission • Human Rights and Diversity Commission CityManager Office of the City Manager • Parks,Rey&Natural Resources Commission • Planning Commission • Administration 1 City Clerk • Communications • Facilities • Finance I Liquor Operations Departments • H amnan Resources)Customer Service • IT Community Fire Parks and Recreation Police Pubic Works Dev<elopinen t . Assessing . [tuihling[nspeuions . CommanityCenLrr . Office ot the Police Chief . Engineering . FoonoinicDevelopreent . LmcrgencyPreparedness . Parks&Natural Resources . Investigations . Fleet Services . Housi tag& . FirePrevention . RecrcaLionServices • Patrol . SlrretsMaintenan:� Conmm unity Services . Fire Suppression • SuppoILOperations . LTtilityOperations . Planning 16 City of Eden Prairie, Minnesota For the Year Ended December 31, 2015 Principal Officials Elected Officials: Mayor (Term expiration 12/31/18) Nancy Tyra-Lukens Council Member (Term expiration 12/31/16) Ron Case Council Member (Term expiration 12/31/16) Brad Aho Council Member (Term expiration 12/31/18) Sherry Butcher Wickstrom Council Member (Term expiration 12/31/18) Kathy Nelson Appointed Officials: City Manager Rick Getschow City Attorney Richard Rosow Departments: Chief of Police Rob Reynolds Community Development Director Janet Jeremiah Fire Chief George Esbensen Parks and Recreation Director Jay Lotthammer Public Works Director Robert Ellis 17 18 4/11‘ CliftonLarsonAllen LLP CLAconnect.com CliftonLarsonAllen INDEPENDENT AUDITORS' REPORT Honorable Mayor and Members of the City Council City of Eden Prairie Eden Prairie, Minnesota Report on the Financial Statements We have audited the accompanying financial statements of the governmental activities, the business- type activities, each major fund, and the aggregate remaining fund information of the City of Eden Prairie (the City), as of and for the year ended December 31, 2015, and the related notes to the financial statements, which collectively comprise the City's basic financial statements as listed in the table of contents. Management's Responsibility for the Financial Statements Management is responsible for the preparation and fair presentation of these financial statements in accordance with accounting principles generally accepted in the United States of America; this includes the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error. Auditors'Responsibility Our responsibility is to express opinions on these financial statements based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free from material misstatement. An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial statements. The procedures selected depend on the auditors' judgment, including the assessment of the risks of material misstatement of the financial statements, whether due to fraud or error. In making those risk assessments, the auditor considers internal control relevant to the City's preparation and fair presentation of the financial statements in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the City's internal control. Accordingly, we express no such opinion. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinions. NEXIAAn independent member of Nexia International INTERNATIONAL 19 Honorable Mayor and Members of the City Council City of Eden Prairie Opinions In our opinion, the financial statements referred to above present fairly, in all material respects, the respective financial position of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information of the City of Eden Prairie as of December 31, 2015, and the respective changes in financial position, the budgetary comparison for the general fund, and, where applicable, cash flows thereof for the year then ended in accordance with accounting principles generally accepted in the United States of America. Emphasis of a Matter During the year ended December 31, 2015, the City adopted the provisions of Governmental Accounting Standards Board Statement (GASB) No. 68, Accounting and Financial Reporting for Pensions and the related GASB Statement No. 71, Pension Transition for Contributions Made Subsequent to the Measurement Date—an amendment of GASB Statement No. 68. As a result of the implementation of these standards, the City reported a restatement for the change in accounting principle (see Note 17). Our auditors' opinion was not modified with respect to the restatement. Report on Summarized Comparative Information We have previously audited the City of Eden Prairie's 2014 financial statements of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information, and we expressed unmodified opinions on those financial statements in our report dated May 11, 2015. In our opinion, the summarized comparative information presented herein as of and for the year ended December, 31 2014 is consistent, in all material respects, with the audited financial statements from which it has been derived. Other Matters Required Supplementary Information Accounting principles generally accepted in the United States of America require that the management's discussion and analysis, modified approach for infrastructure assets, other post- employment benefits plan — schedule of funding progress, schedule of the City's proportionate share of net pension liability, and schedule of the City's contributions, as listed on the table of contents, be presented to supplement the basic financial statements. Such information, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. We have applied certain limited procedures to the required supplementary information in accordance with auditing standards generally accepted in the United States of America, which consisted of inquiries of management about the methods of preparing the information and comparing the information for consistency with management's responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We do not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance. Other Information Our audit was conducted for the purpose of forming opinions on the financial statements that collectively comprise the City of Eden Prairie's basic financial statements. The introductory section, combining and individual nonmajor fund financial statements, and statistical information are presented for purposes of additional analysis and are not a required part of the basic financial statements. 20 Honorable Mayor and Members of the City Council City of Eden Prairie Other Matters (Continued) Other Information (Continued) The combining and individual nonmajor fund financial statements are the responsibility of management and were derived from and relate directly to the underlying accounting and other records used to prepare the basic financial statements. Such information has been subjected to the auditing procedures applied in the audit of the basic financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the basic financial statements or to the basic financial statements themselves, and other additional procedures in accordance with auditing standards generally accepted in the United States of America. In our opinion, the information is fairly stated, in all material respects, in relation to the basic financial statements as a whole. The introductory and statistical sections have not been subjected to the auditing procedures applied in the audit of the basic financial statements, and accordingly, we do not express an opinion or provide any assurance on it. Other Reporting Required by Government Auditing Standards In accordance with Government Auditing Standards, we have also issued our report dated April 22, 2016, on our consideration of the City of Eden Prairie's internal control over financial reporting and on our tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements and other matters. The purpose of that report is to describe the scope of our testing of internal control over financial reporting and compliance and the result of that testing, and not to provide an opinion on internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards in considering City of Eden Prairie's internal control over financial reporting and compliance. Ne/41-7e/a--(4-0-7(-,1--/Z‘or_ CliftonLarsonAllen LLP Minneapolis, Minnesota April 22, 2016 21 City of Eden Prairie, Minnesota Management's Discussion and Analysis As management of the City of Eden Prairie, this section of the City's comprehensive annual financial report presents a discussion and analysis of the City's financial activities during the fiscal year ended December 31, 2015. This discussion and analysis should be read in conjunction with the transmittal letter in the introductory section of this report. Financial Highlights The City as a Whole • The assets and deferred outflow of resources of the City exceeded liabilities and deferred inflows of resources by $387,164,591. Of this amount, $46,703,487 (unrestricted net position)may be used to meet the City's ongoing obligations to citizens and creditors, $317,348,385 is invested in capital assets, and$23,112,719 is restricted. • The City's total net position increased by$3,946,436 or 1%. The key factors in this increase were the collection of the TED grant and Hennepin County's share of construction costs at Shady Oak Road South. • The City's total long-term liabilities increased by $22,650,553 or 38% in comparison with the prior year. Contributing to the increase was the implementation of GASB 68 - Accounting and Financial Reporting for Pensions. The City's liability for pensions is $21,914,397. Fund Financial Statements • The City's governmental funds reported combined ending fund balances of$52,075,211, a decrease of $16,079,394 or 24% in comparison with the prior year. The changes in fund balance can be contributed to changes to various funds including the following: • Increase in fund balance of$550,726 in the General fund. The increase is needed to maintain the City's fund balance policy. • Decrease in fund balance of$1,414,667 in the Capital Improvement Maintenance fund, of which details can be found in the "Other Major Funds"section. • Decrease in fund balance of $149,770 in the Public Improvement Construction fund due to planned construction costs. • Increase in fund balance of$234,042 in the Shady Oak Road North fund due to the collection of special assessment revenue. • Increase in fund balance of $1,405,317 in the Shady Oak Road South fund due mainly to the collection of special assessments, MSA and a state grant. These funds will be spent in the future on construction costs. 22 City of Eden Prairie, Minnesota Management's Discussion and Analysis • Decrease in fund balance of $12,629,540 in the Aquatics & Fitness Expansion fund due to planned construction costs. • Increase in fund balance of $607,334 in the Eden Prairie Road fund due to the collection of special assessments to fund construction costs. • Other governmental funds had an overall decrease in fund balance of$4,682,836 due mainly to the following increases and decreases: • Decrease in fund balance of$3,426,957 in the General Obligation Bonds 2006B fund due to the bonds reaching the crossover date and being paid off. • Increase in fund balance of$406,962 in the General Obligation Refunding Bonds 2012B due mainly to the closing of the G.O. Improvement Bonds 2006B and transferring the remaining money to this fund. • Increase in fund balance of $467,868 in the Park Improvement fund due mainly to the collection of cash park fees. This money will be used for future park improvements. • Decrease in fund balance of $1,542,168 in the Project fund due to planned project expenditures. • Decrease in fund balance of$1,133,162 in the West 70th Street Extension fund. This fund will be funded with special assessments. • Approximately 75% of the combined fund balances in the governmental funds is unrestricted and therefore available to meet the City's current and future needs. Using This Annual Report This annual report consists of a series of financial statements. The Statement of Net Position and the Statement of Activities provide information about the activities of the City as a whole and present a longer-term view of the City's finances. For governmental activities, the fund financial statements tell how these services were financed in the short term as well as what remains for future spending. Fund financial statements also report the City's operations in more detail than the government-wide statements by providing information about the City's most significant funds. The remaining statements provide financial information about activities for which the City acts solely as a trustee or agent for the benefit of those outside of the government. Reporting the City as a Whole The Statement of Net Position and the Statement of Activities One of the most important questions asked about the City's finances is "Is the City as a whole better off or worse off as a result of the year's activities?" The Statement of Net Position and the Statement of Activities report information about the City as a whole and about its activities in a way that helps answer 23 City of Eden Prairie, Minnesota Management's Discussion and Analysis this question. These statements include all assets, deferred outflows of resources, liabilities and deferred inflows of resources using the accrual basis of accounting, which is similar to the accounting used by most private-sector companies. All of the current year's revenues and expenses are taken into account regardless of when cash is received or paid. These two statements report the City's net position and changes in them. You can think of the City's net position - the difference between assets, deferred outflows of resources, liabilities, and deferred inflows of resources - as one way to measure the City's financial health, or financial position. Over time, increases or decreases in the City's net position is one indicator of whether its financial health is improving or deteriorating. You will need to consider other nonfinancial factors, however, such as changes in the City's property tax base and the condition of the City's roads, to assess the overall health of the City. In the Statement of Net Position and the Statement of Activities, we divide the City into two kinds of activities: • Governmental Activities - Most of the City's basic services are reported here, including general government, public safety, public works, and parks and recreation. Property taxes, charges for services, and capital grants and contributions finance most of these activities. • Business-type Activities - The City charges a fee to customers to help it cover all or most of the cost of certain services it provides. The City's utility system (Water, Sewer and Storm Drainage Funds) and liquor operations are reported here. Reporting the City's Most Significant Funds Fund Financial Statements The fund financial statements provide detailed information about the most significant funds - not the City as a whole. Some funds are required to be established by State law and by bond covenants. However, the City Council establishes many other funds to help it control and manage money for particular purposes or to show that it is meeting legal responsibilities for using certain grants and other money. The City's two kinds of funds - governmental and proprietary - use different accounting approaches. • Governmental funds - Most of the City's basic services are reported in governmental funds, which focus on how money flows into and out of those funds and the balances left at year-end that are available for spending. These funds are reported using an accounting method called modified accrual accounting, which measures cash and all other financial assets that can readily be converted 24 City of Eden Prairie, Minnesota Management's Discussion and Analysis to cash. The governmental fund statements provide a detailed short-term view of the City's general government operations and the basic services it provides. Governmental fund information helps to determine whether there are more or fewer financial resources that can be spent in the near future to finance the City's programs. We describe the relationship between governmental activities (reported in the Statement of Net Position and the Statement of Activities) and governmental funds in a reconciliation provided after the fund financial statements. • Proprietary funds - When the City charges customers for the services it provides - these services are generally reported in proprietary funds. Proprietary funds are reported in the same way that all activities are reported in the Statement of Net Position and the Statement of Activities. The City of Eden Prairie maintains two different types of proprietary funds. • Enterprise funds are the same as the business-type activities reported in the government-wide statements but provide more detail and additional information, such as cash flows. • Internal service funds are an accounting device used to accumulate and allocate costs internally among the City's various functions. The City uses internal service funds to account for activities pertaining to employee benefits, workers compensation, personal time off accruals, property insurance,facilities,fleet services,and information technology. The City as Trustee Reporting the City's Fiduciary Responsibilities All of the City's fiduciary activities are reported in a separate Statement of Fiduciary Net Position. The City is fiduciary for resources collected and owed to others including developers and governmental agencies. We exclude these activities from the City's other financial statements because the City cannot use these assets to finance operations. The City is responsible for ensuring that the assets reported in these funds are used for their intended purposes. The accounting used for fiduciary funds is much like that used for proprietary funds. The City as a Whole The City's combined net position decreased from $401,673,531 to $387,164,591 but still maintained its financial position. A large part of this decrease was due to restating net position for the implementation of GASB 68 - Accounting and Financial Reporting for Pensions. Net position was decreased by $18,455,376 due to this implementation. By far the largest portion of the City of Eden Prairie's net position, $317,348,385 (approximately 82%) reflects its investment in capital assets (e.g. land, buildings, 25 City of Eden Prairie, Minnesota Management's Discussion and Analysis machinery, and equipment) less any related debt used to acquire those assets that is still outstanding. The City of Eden Prairie uses these capital assets to provide services to citizens; consequently, these assets are not available for future spending. Although the City's investment in its capital assets is reported net of related debt, it should be noted that the resources needed to repay this debt must be provided from other sources, since the capital assets themselves cannot be used to liquidate these liabilities. An additional portion of the City's net position $23,112,719 (approximately 6%), represents resources that are subject to external restrictions on how they may be used. The remaining balance of unrestricted net position, $46,703,487 (approximately 12%), may be used to meet the City's ongoing obligations to citizens and creditors. At the end of the current fiscal year, the City is able to report positive balances in all of the categories of net position reported for the government as a whole. The following schedule provides a summary of the City's net position as of December 31, 2015 (in thousands): Governmental Activities Business-Type activities Total 2015 2014 2015 2014 2015 2014 Current and Other Assets $ 83,803 $ 100,202 $ 19,238 $ 16,720 $ 103,041 $ 116,922 Capital Assets 233,594 220,826 130,597 134,072 364,191 354,898 Total Assets 317,397 321,028 149,835 150,792 467,232 471,820 Deferred Outflows 4,728 231 358 - 5,086 231 Total Assets and Deferred Outflows 322,125 321,259 150,193 150,792 472,318 472,051 Long-Term Liabilities Outstanding 67,209 54,772 5,510 3,382 72,719 58,154 Other Liabilities 8,078 10,397 1,480 1,827 9,558 12,224 Total Liabilities 75,287 65,169 6,990 5,209 82,277 70,378 Deferred Inflows 2,596 - 281 - 2,877 - Total Liabilities and Deferred Inflows 77,883 65,169 7,271 5,209 85,154 70,378 Invested in Capital Assets 189,217 181,976 128,131 131,144 317,348 313,120 Restricted 23,113 13,773 _ _ 23,113 13,773 Unrestricted 31,912 60,341 14,792 14,439 46,704 74,780 Total Net Position $ 244,242 $ 256,090 $ 142,923 $ 145,583 $ 387,165 $ 401,673 Key elements of these changes are shown on the following page. 26 City of Eden Prairie, Minnesota Management's Discussion and Analysis Governmental Activities Business-Type Total 2015 2014 2015 2014 2015 2014 Revenues: Program Revenues Charges for Services $ 11,066 $ 11,620 $ 26,071 $ 26,756 $ 37,137 $ 38,376 Operating Grants and Contributions 1,818 1,742 133 131 1,951 1,873 Capital Grants and Contributions 19,028 20,504 1,126 1,448 20,154 21,952 General Revenues Property Taxes 33,709 32,781 - - 33,709 32,781 Tax Increment 3,249 3,071 - - 3,249 3,071 Grants and Contributions 742 484 - - 742 484 Investment Income 273 210 58 47 331 257 Total Revenues 69,885 70,412 27,388 28,382 97,273 98,794 Expenses: Administration 5,579 4,921 - - 5,579 4,921 Community Development 7,730 5,369 - - 7,730 5,369 Police 14,119 13,534 - - 14,119 13,534 Fire 6,324 6,094 - - 6,324 6,094 Public Works 17,652 13,321 - - 17,652 13,321 Parks and Recreation 12,862 12,947 - - 12,862 12,947 Interest on Long Term Debt 1,136 984 - - 1,136 984 Water - - 8,906 9,856 8,906 9,856 Sewer - - 6,566 6,403 6,566 6,403 Storm - - 2,082 2,546 2,082 2,546 Liquor - - 10,370 11,015 10,370 11,015 Total Expenses 65,402 57,170 27,924 29,820 93,326 86,990 Changes in Net Position Before Transfers 4,483 13,242 (536) (1,438) 3,947 11,804 Internal Transfers (278) 1,415 278 (1,415) - - Change in Net Position 4,205 14,657 (258) (2,853) 3,947 11,804 Net Position, January 1 256,090 241,433 145,583 148,436 401,673 389,869 Prior Period Adjustment (16,053) - (2,402) - (18,455) - Net Position, January 1 Restated 240,037 241,433 143,181 148,436 383,218 389,869 Net Position, December 31 $ 244,242 $ 256,090 $ 142,923 $ 145,583 $ 387,165 $ 401,673 27 City of Eden Prairie, Minnesota Management's Discussion and Analysis Governmental Activities Revenue by Source Governmental Activity-Revenue by Source Other Charges for 1% Services 16% Property Taxes and Grants and Tax ]ncrement 51% Contributions 32% • For the year, property taxes totaled $33,708,909 which is an increase of$927,169 or 2.8% from 2014. For 2015,the City budgeted for a 2.4% increase in property taxes. The 2015 increase allows the City maintain service levels. • Charges for services decreased by $553,990 or 5% from 2014. This was due mainly to decreased building permits and fees. Offsetting the decrease is an increase in revenue for Engineering overhead fees. • Operating grants and contributions increased by$76,388 or 4% from 2014. This was mainly due to TIF loan from Edenvale. • Capital grants and contributions decreased by$1,476,130 or 7% from 2014. This was due mainly to the issuance of special assessments for the Shady Oak Road North project. 28 City of Eden Prairie, Minnesota Management's Discussion and Analysis Expenses by Program Governmental Activity-Expenses by Source Administration Parks& Other 80/0 recreation 2% �a Community 2 Development 12% Police 22% Public works 26% Fire 10% Expenses and Program Revenues-Governmental Activities (in Thousands) 525.000 $2 0.00 0 m 515.000 - ■expenses $10.000 - ®program revenues $5,000 L r Patin g yp paC�O� Fy 1. �'IS � 60C- a*$ lis$��an G fi P ps 1T 29 City of Eden Prairie, Minnesota Management's Discussion and Analysis Business-type Activities For the business-type activities, charges for services accounts for 95% of revenues. The Water Fund and Sewer Fund had a negative change to net position of$895,623 and $358,428 respectively. The negative changes were primarily due to depreciation. The Liquor operations had a positive change in net position of$154,238. Expenses and Program Revenues - Business-type Activities (in Thousands) $12,000 - 0,0O0 $8,000 _71_ $6,000 - ■Expenses ®Program revenues $4,000 - - $2O00 — — $11 . Water Sewer Storm Drainage Liquor 30 City of Eden Prairie, Minnesota Management's Discussion and Analysis The City's Funds The General fund is the chief operating fund of the City of Eden Prairie. The General fund had positive financial performance and the fund balance increased by $550,726. The table below reflects the changes to the City's General fund balance. 2015 2014 Difference Fund Balance: Nonspendable $ 22,947 $ 39,844 $ (16,897) Unassigned Budget Stabilization 6,482,372 6,239,620 242,752 Working Capital 16,276,650 15,854,695 421,955 Unassigned 100,788 197,872 (97,084) Total Fund Balance $ 22,882,757 $ 22,332,031 $ 550,726 Nonspendable Balances The amounts classified as nonspenable consist of amounts that are not in spendable form, such as prepaid assets. Unassigned Balances The unassigned fund balance consists of the budget stabilization balance and the working capital balance. Budget Stabilization In compliance with City policy, $4,321,581 or 10% of the 2015 budget was maintained for budget stabilization to be used for emergencies and maintenance of the City's Aaa bond rating. Also, $2,160,791 or 5% of the 2015 budget was maintained for budget balancing to be used for short term volatility in the City's finances. Working Capital In compliance with City policy, 50% of the next year's tax levy or $15,999,437 is maintained for working capital. This amount represents the amount needed to fund operations for the first six months of the year. The City receives a tax settlement in December that funds operations until the next settlement in June of the next year. An additional$277,213 was assigned to cover the planned 2016 budget deficit. 31 City of Eden Prairie, Minnesota Management's Discussion and Analysis Other Major Funds The Capital Improvement Maintenance fund decreased by$1,414,667 in 2015. Revenue of$903,370 was collected which includes the tax levy, special assessments, building rental income, contributions, and investment income. The costs for the year pertained to the purchase of a E-ONE Ladder truck, parks parking lot maintenance, Franlo Park tennis court renovation and tenant improvements for Supervalue and the School District. Transfers in includes $336,338, and $800,000 from the General fund and Liquor funds respectively, due to positive operating results. Transfers out includes $260,000 to the CIP Trails fund for various trail improvement. The Public Improvement Construction fund decreased by $149,770 in 2015. Special assessments of $183,044 were collected. As of December 31, 2015, the fund had a negative fund balance of$2,455,907. The deficit will be reduced with the collection of special assessments and state aid. The Shady Oak Road North fund increased by$234,042 in 2015. The Shady Oak Road North project will reconstruct Shady Oak Road from Rowland Road through the Highway 62 interchange. This project will be completed in 2016. The negative fund balance will be repaid by additional special assessments. The Shady Oak Road South fund increased by$1,405,317 in 2015. Revenue of$11,509,557 was collected which includes special assessments, State Aid and Hennepin County contribution. The Shady Oak Road South project will reconstruct Shady Oak Road from Flying Cloud Drive to Rowland Road. This project will be completed in 2016. The Aquatics & Fitness Expansion fund decreased by $12,629,540. The pool project upgraded the existing pool and also added a pool to the Community Center. This project was completed with the grand opening in April 2016. The Eden Prairie Road fund increased by$607,334. Revenue of$1,001,126 was collected which consisted of special assessments. The Eden Prairie Road project will reconstruct Eden Prairie Road and also add a new creek crossing at Riley Creek. This project will be completed in 2016. The City's proprietary funds provide the same type of information found in the government-wide financial statements,but in more detail. Water fund sales through December 31, 2015 totaled $7,162,040 which is a decrease of$144,033 or 2% from 2014 due to the following: • Increase in sales by approximately$142,000 due to increased tier rates. • Increase in sales by approximately$46,000 due to the increase in the base charge. 32 City of Eden Prairie, Minnesota Management's Discussion and Analysis • Decrease in sales by approximately$332,000 due to the decrease in water use. Sewer fund sales through December 31, 2015 totaled $5,636,680 which is an increase of$69,729 or 1% from 2014 due to the following: • Increase in sales by approximately$153,000 due to the rate increase. • Increase in sales by approximately$46,000 due to the increase in the base charge. • Decrease in sales by approximately$129,000 due to decrease in sewer use. Storm Drainage fund sales through December 31, 2015 totaled $1,887,440 which is an increase of $230,623 or 14% from 2014. The increase is due to the rate increase. Liquor operations profit of $800,000 was transferred to the Capital Improvement Maintenance Fund. Sales totaled $11,024,719 which is a decrease of $905,074 or 7% over 2014. Increased competition impacted sales growth. The operation continues to provide value to customers and maintain customer loyalty. Budgetary Highlights The General fund had positive operating results. Total revenues equaled $42,319,727 or 104% of the amount budgeted. The positive performance is due to conservative budgeting including a 2% allowance for uncollectible taxes, positive development revenue and grants. Other items had positive and negative variances. Total expenditures equaled $41,559,128 or 100% of the budget. All departments except Police, Fire and Park and Recreation have spent less than 100% of the amounts budgeted. The police have spent 101.8% of their budget due primarily to overtime. The additional overtime was the result of covering extra shifts due to officers on medical leave. The fire have spent 103.6% of their budget due to the purchase of turn-out gear and self-contained breathing apparatus (SCBA) gear that was damaged in a chemical fire. The majority of these costs were reimbursed by the League of MN Cities, our insurance carrier. Another additional cost to the department was the "Nozzle Forward" training held by the Fire department. The majority of these costs were reimbursed by other city participants. Parks and Recreation has spent 101.2% of their budget due mainly to one-time costs for projects that were funded with grants and contributions. 33 City of Eden Prairie, Minnesota Management's Discussion and Analysis Capital Assets and Debt Administration Capital Assets At the end of 2015,the city had$364 million invested in capital assets. Major capital assets added during the current fiscal year by fund include the following: 2015 Fund Project Name Additions West 70th Street Extension Fund W.70th St -West Portion $ 1,331,373 Aquatics & Fitness Expansion CmtyCtr Pool Upgrade/Expansion 12,662,119 Shady Oak Road - South Shady Oak Rd / CR 61 -SOUTH 718,371 Capital Improvement/Maintenance 2015 E-One Ladder Truck HP78 730,000 Franlo- new BB,Tennis,PB crts 188,968 #115 Loader Mount Snowblower 154,183 Miracle Field - part 1 140,108 1,213,259 Fleet #182 Freightliner 108SD 201,575 #181 Freightliner 108SD 201,575 #409, Belos Sidewalk Machine 120,875 #186, 2015 Dodge Ram 5500 114,390 #353 2015 Chevy Tahoe 86,083 #732 Ford Transit T-350 51,335 #405 Bobcat S-650 (parks) 48,812 824,644 $ 16,749,766 34 City of Eden Prairie, Minnesota Management's Discussion and Analysis Capital Assets (net of depreciation, in thousands) Governmental Activities Business-type Activities Total 2015 2014 2015 2014 2015 2014 Land & Land !mprov. $ 31,814 $ 32,469 $ 884 $ 890 $ 32,698 $ 33,359 Infrastructure 128,699 126,445 - - 128,699 126,445 Work in Progress 28,153 16,310 127 1,494 28,280 17,804 Distribution System - - 96,211 97,324 96,211 97,324 Buildings 35,921 36,999 28,466 29,807 64,387 66,806 Leasehold Improvements 19 25 405 490 424 515 Machinery& Equipment 1,169 1,197 4,258 3,803 5,427 5,000 Autos 4,049 3,291 239 248 4,288 3,539 Other Assets 3,770 4,090 7 16 3,777 4,106 Total $ 233,594 $ 220,826 $ 130,597 $ 134,072 $ 364,191 $ 354,898 The City has chosen to maintain infrastructure using the modified approach. This means the City does not depreciate the cost of infrastructure but maintains the system at a "good condition" level or higher. Additional information on the modified approach can be found in Note 1 of this report and additional information on the City's capital assets can be found in Note 4 of this report. The City's policy is to achieve an average rating of 60 (good condition) for all streets and trails. In the summer of 2013, the City conducted a physical condition assessment. This assessment will be performed every three years. As of December 31, 2015, the City's infrastructure system was rated at a Pavement Condition Index (PCI) of 78.8%, which is higher than the City's policy level. The City's infrastructure are constantly deteriorating resulting from the following factors: (1) traffic using the system; (2) the sun's ultra-violet rays drying out and breaking down the top layer of pavement; (3) utility company/private development trenching operations; (4) water damage from natural precipitation; and (5) frost heave. The City is continuously taking actions to prolong the life of the system through short- term maintenance activities such as pothole patching, crack sealing, seal coating, and overlaying. The City expended $2,451,829 on infrastructure maintenance for the year ending December 31, 2015. These expenditures delayed deterioration; however, the overall condition of the system was not improved through these maintenance expenditures. The City has estimated that the amount of annual expenditures required to maintain the City's infrastructure at the average PCI rating of good is approximately$1,661,000. Debt At year-end, the City had approximately $73 million in bonds and other long-term liabilities outstanding versus $58 million last year. The increase in other long-term liabilities is due mainly to the implementation of GASB 68 - Accounting and Financial Reporting for Pensions which increased the 35 City of Eden Prairie, Minnesota Management's Discussion and Analysis liability by $22 million. Refer to Note 11 in the Notes to Financial Statements for a detailed schedule showing the City's long-term debt activity. Economic Factors and Next Year's Budgets The City's elected officials consider many factors when adopting the budget and determining fees for service and fees that will be charged for the business-type activities. These factors include service levels, the tax impact on the median value home, commercial/industrial and household growth, and inflation. Currently, the 2016 general fund budgeted appropriations are $43,065,812 which is an increase of $1,628,347 or 4% from the 2015 budget. Budgeted revenues less expenditures total ($277,213). The City plans to use fund balance for the difference. Contacting the City's Financial Management This financial report is designed to provide a general overview of the City's finances for those interested in the government's finances. If you have questions about this report or need additional financial information, contact the Finance Division at City of Eden Prairie, 8080 Mitchell Road, Eden Prairie, MN 55344. 36 37 City of Eden Prairie, Minnesota Statement of Net Position December 31, 2015 Primary Government Governmental Business-type Activities Activities Total ASSETS Cash and Cash Equivalents $ 61,299,843 $ 15,257,411 $ 76,557,254 Receivables Accounts 1,878,191 2,441,227 4,319,418 Interest 96,997 20,137 117,134 Due From Other Governments 309,928 49,008 358,936 Delinquent Taxes 136,247 - 136,247 Unremitted Special Assessments 952 5,581 6,533 Delinquent Special Assessments 6,266 313,327 319,593 Special Assessments 14,831,099 542,288 15,373,387 Unavailable Special Assessments 1,452,737 293,200 1,745,937 Internal Balances 1,414,534 (1,414,534) - Inventories 109,215 1,384,195 1,493,410 Net Pension Asset 1,354,054 - 1,354,054 Prepaid Items 273,892 346,500 620,392 Land Held for Resale 537,181 - 537,181 Restricted Cash and Cash Equivalents 102,188 - 102,188 Capital Assets Nondepreciable Land 22,022,728 809,333 22,832,061 Infrastructure 128,699,323 - 128,699,323 Work in Progress 28,152,508 127,456 28,279,964 Depreciable Buildings, Property and Equipment, Net 54,719,020 129,660,179 184,379,199 Total Assets 317,396,903 149,835,308 467,232,211 DEFERRED OUTFLOWS OF RESOURCES Loss on Refunding of Debt 208,484 - 208,484 Pensions 4,519,221 358,289 4,877,510 Total Deferred Outflows of Resources 4,727,705 358,289 5,085,994 Total Assets and Deferred Outflows of Resources 322,124,608 150,193,597 472,318,205 The notes to financial statements are an integral part of this statement 38 City of Eden Prairie, Minnesota Statement of Net Position December 31, 2015 Primary Government Governmental Business-type Activities Activities Total LIABILITIES Accounts and Contracts Payable 6,053,128 1,267,901 7,321,029 Salaries Payable 329,854 54,387 384,241 Investment Interest Payable 11,070 599 11,669 Interest Payable 521,842 6,048 527,890 Due to Other Governments 548,688 146,709 695,397 Unearned Revenue 612,975 4,588 617,563 Net OPEB Due in More Than One Year 1,330,283 218,483 1,548,766 Net Pension Due in More Than One Year 19,373,542 2,540,855 21,914,397 Bonds Payable Due Within One Year 3,370,000 455,000 3,825,000 Due in More Than One Year 41,214,416 2,011,230 43,225,646 Capital lease payable Due Within One Year 45,369 - 45,369 Compensated Absences Due Within One Year 916,828 139,229 1,056,057 Due in More Than One Year 958,571 144,911 1,103,482 Total Liabilities 75,286,566 6,989,940 82,276,506 DEFERRED INFLOWS OF RESOURCES Pensions 2,596,455 280,653 2,877,108 Total Deferred Inflows of Resources 2,596,455 280,653 2,877,108 NET POSITION Net Investment in Capital Assets 189,217,647 128,130,738 317,348,385 Restricted for Perpetual Care, Nonexpendable 142,049 - 142,049 Restricted for Debt Service 4,918,180 - 4,918,180 Restricted for Special Assessments 10,567,673 - 10,567,673 Restricted for Tax Increment 3,215,406 - 3,215,406 Restricted for Police 52,108 - 52,108 Restricted for Public Works 3,601,445 - 3,601,445 Restricted for Parks and Recreation 607,444 - 607,444 Restricted for Historical and Cultural 8,414 8,414 Unrestricted 31,911,221 14,792,266 46,703,487 Total Net Position $ 244,241,587 $ 142,923,004 $ 387,164,591 The notes to financial statements are an integral part of this statement 39 City of Eden Prairie, Minnesota Statement of Activities For the Year Ended December 31, 2015 Program Revenue Operating Capital Charges for Grants and Grants and Expenses Services Contributions Contributions FUNCTIONS/PROGRAMS Primary Government Governmental Activities Administration $ 5,579,070 $ 1,132,606 $ - $ - Community Development 7,730,338 93,195 647,566 12,194 Police 14,118,565 1,063,129 610,014 82,948 Fire 6,324,124 2,571,830 455,443 89,501 Public Works 17,652,163 975,701 68,865 18,585,981 Parks and Recreation 12,862,402 5,229,060 36,445 257,444 Interest on Long Term Debt 1,135,979 - - - Total Governmental Activities 65,402,641 11,065,521 1,818,333 19,028,068 Business-Type Activities Water 8,905,768 7,162,740 11,958 703,626 Sewer 6,565,966 5,661,990 - 325,040 Storm 2,082,594 1,933,572 116,366 97,084 Liquor 10,369,717 11,312,822 4,871 - Total Business-Type Activities 27,924,045 26,071,124 133,195 1,125,750 Total Primary Government $ 93,326,686 $ 37,136,645 $ 1,951,528 $ 20,153,818 General Revenues Taxes Property Taxes, Levied for General Purposes Property Taxes, Levied for Debt Service Tax Increment Grants and Contributions Not Restricted to Specific Programs Investment Income Transfers Total General Revenues and Transfers Change in Net Position Net Position - Beginning Prior Period Adjustment (See Note 17) Net Position - Beginning Restated Net Position - Ending The notes to financial statements are an integral part of this statement 40 Net (Expense) Revenue and Changes in Net Position Governmental Business-type Activities Activities Total $ (4,446,464) $ - $ (4,446,464) (6,977,383) - (6,977,383) (12,362,474) - (12,362,474) (3,207,350) - (3,207,350) 1,978,384 - 1,978,384 (7,339,453) - (7,339,453) (1,135,979) - (1,135,979) (33,490,719) - (33,490,719) (1,027,444) (1,027,444) - (578,936) (578,936) 64,428 64,428 - 947,976 947,976 - (593,976) (593,976) (33,490,719) (593,976) (34,084,695) 31,085,077 - 31,085,077 2,623,832 - 2,623,832 3,249,355 - 3,249,355 741,828 - 741,828 272,989 58,050 331,039 (278,484) 278,484 - 37,694,597 336,534 38,031,131 4,203,878 (257,442) 3,946,436 256,090,701 145,582,830 401,673,531 (16,052,992) (2,402,384) (18,455,376) 240,037,709 143,180,446 383,218,155 $ 244,241,587 $ 142,923,004 $ 387,164,591 The notes to financial statements are an integral part of this statement 41 42 CITY OF EDEN PRAIRIE,MINNESOTA BALANCE SHEET GOVERNMENTAL FUNDS DECEMBER 31,2015 Capital Projects Capital Public Shady Oak Shady Oak Improvement Improvement Road Road General Maintenance Construction North South ASSETS Cash and Investments $ 23,605,821 $ 6,240,139 $ - $ - $ 7,525,225 Receivables Accounts 371,001 26,063 - 20,000 - Interest 24,035 16,612 - - 10,828 Due From Other Governments 70,779 - - - - Delinquent Taxes 135,815 432 - - - Unremitted Special Assessments - - 864 - - Delinquent Special Assessments - 1,572 3,796 - - Deferred Special Assessments - - 601,206 9,663,185 - Special Deferred Special Assessments - 97,093 206,254 - - Due From Other Funds - 4,961,576 - - - Advances to Other Funds - 1,257,364 - - - Prepaid Items 22,947 - - - - Land Held for Resale - - - - - Notes Receivable - - - - - Loan Receivable - - - - - Cash and Investments With Escrow Agent - - - - - Total Assets $ 24,230,398 $ 12,600,851 $ 812,120 $ 9,683,185 $ 7,536,053 LIABILITIES Accounts and Contracts Payable $ 450,231 $ 60,896 $ 15,601 $ 54,983 $ 2,383,478 Salaries Payable 300,869 - - - - Investment Interest Payable - - 3,374 220 - Due to Other Governments 361,772 735 - - 1,374 Due to Other Funds - - 2,437,796 543,156 - Unearned Revenue 97,810 93,095 - - - Total Liabilities 1,210,682 154,726 2,456,771 598,359 2,384,852 DEFERRED INFLOWS OF RESOURCES Unavailable Revenue-Grants 1,144 - - - - Unavailable Revenue-Property Taxes 135,815 432 - - - Unavailable Revenue-Revolving Loan - - - - - Unavailable Revenue-Special Assessments - 98,665 811,256 9,663,185 - Total Deferred Inflows of Resources 136,959 99,097 811,256 9,663,185 - FUND BALANCES Nonspendable 22,947 1,257,364 - - - Restricted - - - - 3,084,357 Assigned - 11,089,664 - - 2,066,844 Unassigned 22,859,810 - (2,455,907) (578,359) - Total Fund Balance 22,882,757 12,347,028 (2,455,907) (578,359) 5,151,201 Total Liabilities,Deferred Inflows of Resources,and Fund Balance $ 24,230,398 $ 12,600,851 $ 812,120 $ 9,683,185 $ 7,536,053 The notes to financial statements are an integral part of this statement 43 CITY OF EDEN PRAIRIE,MINNESOTA BALANCE SHEET GOVERNMENTAL FUNDS DECEMBER 31,2015 Capital Projects Aquatics Eden Other Total &Fitness Prairie Governmental Governmental Expansion Road Funds Funds ASSETS Cash and Investments $ 2,076,480 $ - $ 15,616,736 $ 55,064,401 Receivables Accounts - - 599,459 1,016,523 Interest 12,251 - 24,674 88,400 Due From Other Governments - - 238,994 309,773 Delinquent Taxes - - - 136,247 Unremitted Special Assessments - - 88 952 Delinquent Special Assessments - - 898 6,266 Deferred Special Assessments - 1,087,947 3,478,761 14,831,099 Special Deferred Special Assessments - 1,028,629 120,761 1,452,737 Due From Other Funds - - 1,414,781 6,376,357 Advances to Other Funds - - - 1,257,364 Prepaid Items - - 2,034 24,981 Land Held for Resale - - 537,181 537,181 Notes Receivable - - 243,739 243,739 Loan Receivable - - 178,729 178,729 Cash and Investments With Escrow Agent - - 102,188 102,188 Total Assets $ 2,088,731 $ 2,116,576 $ 22,559,023 $ 81,626,937 LIABILITIES Accounts and Contracts Payable $ 1,708,943 $ 175,966 $ 566,678 $ 5,416,776 Salaries Payable - - 3,416 304,285 Investment Interest Payable - 3,602 3,874 11,070 Due to Other Governments - - 18,420 382,301 Due to Other Funds - 1,823,454 1,414,781 6,219,187 Unearned Revenue 178,117 - 242,863 611,885 Total Liabilities 1,887,060 2,003,022 2,250,032 12,945,504 DEFERRED INFLOWS OF RESOURCES Unavailable Revenue-Grants - - - 1,144 Unavailable Revenue-Property Taxes - - - 136,247 Unavailable Revenue-Revolving Loan - - 178,729 178,729 Unavailable Revenue-Special Assessments - 2,116,576 3,600,420 16,290,102 Total Deferred Inflows of Resources - 2,116,576 3,779,149 16,606,222 FUND BALANCES Nonspendable - - 681,264 1,961,575 Restricted - - 7,807,257 10,891,614 Assigned 201,671 - 9,577,002 22,935,181 Unassigned - (2,003,022) (1,535,681) 16,286,841 Total Fund Balance 201,671 (2,003,022) 16,529,842 52,075,211 Total Liabilities,Deferred Inflows of Resources,and Fund Balance $ 2,088,731 $ 2,116,576 $ 22,559,023 $ 81,626,937 The notes to financial statements are an integral part of this statement 44 City of Eden Prairie, Minnesota Governmental Funds Reconciliation of the Balance Sheet of Governmental Funds to the Statement of Net Position December 31, 2015 Amounts Reported for Governmental Activities in the Statement of Net Position are Different Because: Total Fund Balance- Governmental Funds $ 52,075,211 1. Capital assets used in Governmental Activities are not financial resources and therefore are not reported as assets in governmental funds. Cost of Capital Assets 262,409,935 Less Accumulated Depreciation (34,398,460) 2. Long term liabilities, including bonds payable, are not due and payable in the current period and therefore are not reported as liabilities in the funds. Long-term liabilities at year end consist of: Bond Principal Payable Net (44,584,416) Capital Lease (45,369) Deferred Loss on Refunding 208,484 Net Pension Liability and Related Deferred Inflows of Resources (21,969,997) 3. Long term receivables are not due and payable in the current period and therefore are not reported as liabilities in the funds. Long-term receivables at year end consist of: Net Pension Asset and Related Deferred Outflows of Resources 5,873,275 4. Taxes and special assessment receivable will be collected in future years, but are not available soon enough to pay for the current period's expenditures and therefore are deferred in the funds. 16,426,350 5. Grants and loan receivable will be collected in future years, but are not available soon enough to pay for the current period's expenditures and therefore are deferred in the funds. 179,872 6. Governmental funds do not report a liability for accrued interest on long-term debt until due and payable. (521,842) 7. Internal Service Funds are used by management to charge the costs of employee benefits to individual funds. The assets and liabilities of the Internal Service Fund are included in Governmental Activities in the Statement of Net Position. 8,588,544 Net Position - Governmental Activities $ 244,241,587 The notes to financial statements are an integral part of this statement 45 City of Eden Prairie,Minnesota Statement of Revenues,Expenditures and Changes in Fund Balances Governmental Funds For the Year Ended December 31,2015 Capital Projects Capital Public Shady Oak Shady Oak Improvement Improvement Road Road General Maintenance Construction North South REVENUES General Property Taxes $ 30,667,752 $ 94,802 $ - $ - $ - Special Assessments - 4,088 183,044 2,994,272 2,410,737 Penalties and Interest 19,615 - - - - Licenses and Permits 4,467,194 - - - - Intergovernmental Revenue 1,428,239 - - - 4,059,794 Charges for Services 4,864,818 - - - - Fines and Forfeits 337,759 - - - - Investment Income 69,284 56,880 - - 39,026 Rental - 675,337 - - - Other 465,066 72,263 - 20,000 5,000,000 Total Revenues 42,319,727 903,370 183,044 3,014,272 11,509,557 EXPENDITURES Current Administration 3,809,732 - - - - Community Development 2,191,062 - - - - Police 13,474,840 - - - - Fire 5,754,747 - - - - Public Works 5,687,743 - - - - Parks and Recreation 10,555,392 - - - - Interest on Interfund Borrowing - - 9,220 1,900 - Capital Outlay Administration - 1,223,925 - - - Police - - - - - Fire - 730,000 - - - Public Works - 223,911 323,594 578,330 10,104,240 Parks and Recreation 39,067 1,016,539 - - - Debt Service Principal 44,224 - - - - Interest 2,321 - - - - Fiscal Agent Fees - - - - - Total Expenditures 41,559,128 3,194,375 332,814 580,230 10,104,240 Excess of Revenues Over(Under)Expenditures 760,599 (2,291,005) (149,770) 2,434,042 1,405,317 OTHER FINANCING SOURCES(USES) Payment to Refunded Bond Escrow - - - - - Sale of Capital Assets 4,600 - - - - Transfers In 271,865 1,136,338 - - - Transfers Out (486,338) (260,000) - (2,200,000) - Total Other Financing Sources(Uses) (209,873) 876,338 - (2,200,000) - Net Change in Fund Balances 550,726 (1,414,667) (149,770) 234,042 1,405,317 Fund Balance(Deficit)-Beginning 22,332,031 13,761,695 (2,306,137) (812,401) 3,745,884 Fund Balance(Deficit)-Ending $ 22,882,757 $ 12,347,028 $ (2,455,907) $ (578,359) $ 5,151,201 The notes to financial statements are an integral part of this statement 46 City of Eden Prairie,Minnesota Statement of Revenues,Expenditures and Changes in Fund Balances Governmental Funds For the Year Ended December 31,2015 Capital Projects Aquatics Eden Other Total &Fitness Prairie Governmental Governmental Expansion Road Funds Funds REVENUES General Property Taxes $ - $ - $ 6,070,606 $ 36,833,160 Special Assessments - 1,001,126 813,282 7,406,549 Penalties and Interest - - - 19,615 Licenses and Permits - - 2,219,283 6,686,477 Intergovernmental Revenue - - 811,807 6,299,840 Charges for Services - - - 4,864,818 Fines and Forfeits - - 6,625 344,384 Investment Income 39,645 - 71,341 276,176 Rental - - 66,491 741,828 Other 4,118 - 795,188 6,356,635 Total Revenues 43,763 1,001,126 10,854,623 69,829,482 EXPENDITURES Current Administration - - - 3,809,732 Community Development - - 5,475,220 7,666,282 Police - - 229,956 13,704,796 Fire - - - 5,754,747 Public Works - - 181,984 5,869,727 Parks and Recreation - - 16,466 10,571,858 Interest on Interfund Borrowing - 13,110 15,053 39,283 Capital Outlay Administration - - 32,975 1,256,900 Police - - 174,600 174,600 Fire - - - 730,000 Public Works - 380,682 3,611,557 15,222,314 Parks and Recreation 12,673,303 - 152,640 13,881,549 Debt Service Principal - - 3,930,000 3,974,224 Interest - - 1,302,626 1,304,947 Fiscal Agent Fees - - 22,517 22,517 Total Expenditures 12,673,303 393,792 15,145,594 83,983,476 Excess of Revenues Over(Under)Expenditures (12,629,540) 607,334 (4,290,971) (14,153,994) OTHER FINANCING SOURCES(USES) Payment to Refunded Bond Escrow - - (3,000,000) (3,000,000) Sale of Capital Assets - - - 4,600 Transfers In - - 2,963,169 4,371,372 Transfers Out - - (355,034) (3,301,372) Total Other Financing Sources(Uses) - - (391,865) (1,925,400) Net Change in Fund Balances (12,629,540) 607,334 (4,682,836) (16,079,394) Fund Balance(Deficit)-Beginning 12,831,211 (2,610,356) 21,212,678 68,154,605 Fund Balance(Deficit)-Ending $ 201,671 $ (2,003,022) $ 16,529,842 $ 52,075,211 The notes to financial statements are an integral part of this statement 47 City of Eden Prairie, Minnesota Reconciliation of the Statement of Revenues and Expenditures,and Changes in Fund Balances of Governmental Funds to the Statement of Activities For the Year Ended December 31,2015 Total net change in fund balances-governmental funds $ (16,079,394) Amounts Reported for Governmental Activities in the Statement of Activities are Different Because: 1. Capital outlays are reported in Governmental Funds as expenditures. However, in the Statement of Activities,the cost of those assets is allocated over the estimated useful life's as depreciation expense. Contributed from Internal Service funds 22,264 Capital Outlays 17,234,910 Depreciation Expense (3,026,510) The net effect of the disposal of capital assets Contributed to Enterprise funds (1,348,484) Disposals (1,357,659) Accumulated Depreciation on Disposals 895,409 2. Principal payments of long-term debt consumes the current financial resources of Governmental 3,974,224 Funds, However they have no effect on Net Position. 3. Interest on long-term debt in the statement of activities differs from the amount reported in the Governmental Funds because interest is recognized as an expenditure in the funds when it is due thus requires use of current financial resources. In the Statement of Activities, however interest expense is recognized as the interest accrues, regardless of when it is due. 99,195 4. Governmental Funds report debt issuance premiums and discounts as another financing source or use at the time of issuance. Premiums and discounts are reported as an unamortized asset or liability in the Government-wide financial statements. Amortization of Premiums/Discounts 115,208 5. Debt service bonds were refunded during the year.The amount paid off with the new funding is reported in the governmental funds as a use of financing. However,the payments are not expenditures in the statement of activities, but rather a reduction on long-term liabilities in the statement of net position. 3,000,000 6. Refunding losses are recognized when paid in the governmental funds but amortized over the life of the debt in the Statement of Activities. (22,918) 7. Taxes and special assessments receivable will be collected in future years, but are not available soon enough to pay for the current period's expenditures, and therefore are deferred in the funds. (101,493) 8. Grants and loan receivable will be collected in future years, but are not available soon enough to pay for the current period's expenditures, and therefore are deferred in the funds. 159,097 9. Some pension expenses reported in the Statement of Activities do not require the use of current financial resources and,therefore are not reported as expenditures. Change in Net Pension Asset/Liability and Related Deferred Outflows/Inflows of Resources (43,730) 10. Internal Service Funds are used by management to charge the costs of employee benefits to individual funds.The net revenue of these activities is reported in Governmental Activities. 683,759 Change in Net Position-Governmental Activities $ 4,203,878 The notes to financial statements are an integral part of this statement 48 City of Eden Prairie,Minnesota General Fund Statement of Revenues,Expenditures and Changes in Fund Balance-Budget and Actual For the Year Ended December 31,2015 With Comparative Actual Amounts For the Year Ended December 31,2014 2015 2014 Budget Budget Variance Original Final Actual Over/(Under) Actual REVENUES Taxes and Special Assessments General Property Taxes $ 30,520,531 $ 30,520,531 $ 30,667,752 $ 147,221 $ 29,876,453 Penalty and Interest 50,000 50,000 19,615 (30,385) 36,416 Total Taxes and Special Assessments 30,570,531 30,570,531 30,687,367 116,836 29,912,869 Licenses and Permits Liquor,Beer and Wine Licenses 322,400 322,400 323,592 1,192 329,388 Business Licenses 38,025 38,025 36,060 (1,965) 38,060 Dog Registration Licenses 18,020 18,020 15,957 (2,063) 19,433 Building Permits and Fees 2,000,000 2,000,000 3,059,075 1,059,075 3,496,417 Cable TV 813,000 813,000 841,950 28,950 820,975 Other Permits 304,418 304,418 190,560 (113,858) 189,442 Total Licenses and Permits 3,495,863 3,495,863 4,467,194 971,331 4,893,715 Intergovernmental Revenue Police Pension Aid 415,000 415,000 515,091 100,091 500,116 Fire Relief Association Aid 381,000 381,000 435,948 54,948 414,343 State Street Aid 68,866 68,866 68,865 (1) 68,865 Police Training 20,000 20,000 22,323 2,323 19,952 Grants - - 217,830 217,830 169,831 PERA Aid 52,384 52,384 52,384 - 52,384 School Liaison 116,955 116,955 115,798 (1,157) 115,798 Total Intergovernmental Revenue 1,054,205 1,054,205 1,428,239 374,034 1,341,289 Charges for Services Public Safety 83,500 83,500 127,491 43,991 97,369 Recreation Community Center 3,704,826 3,704,826 3,648,608 (56,218) 3,661,991 Organized Athletics 299,260 299,260 231,173 (68,087) 245,536 Youth Programs 305,200 305,200 339,777 34,577 329,246 Oak Point Pool 108,153 108,153 115,694 7,541 124,284 Outdoor Center 62,300 62,300 63,980 1,680 69,544 Park Facilities 74,600 74,600 108,080 33,480 93,718 Arts Center 68,900 68,900 69,122 222 70,129 Senior Center 57,000 57,000 105,777 48,777 103,752 Arts 24,360 24,360 23,659 (701) 22,715 Special Events 1,000 1,000 - (1,000) 532 Therapeutic Recreation 21,120 21,120 31,457 10,337 23,041 Total Recreation 4,726,719 4,726,719 4,737,327 10,608 4,744,488 Total Charges for Services 4,810,219 4,810,219 4,864,818 54,599 4,841,857 Fines and Forfeits 577,000 577,000 337,759 (239,241) 391,010 Investment Income 100,000 100,000 69,284 (30,716) 52,185 Other Revenue 254,263 254,263 465,066 210,803 500,883 Total Revenues $ 40,862,081 $ 40,862,081 $ 42,319,727 $ 1,457,646 $ 41,933,808 The notes to financial statements are an integral part of this statement 49 City of Eden Prairie,Minnesota General Fund Statement of Revenues,Expenditures and Changed in Fund Balance-Budget and Actual For the Year Ended December 31,2015 Continued With Comparative Actual Amounts For year Ended December 31,2014 2015 2014 Budget Budget Variance Original Final Actual Over/(Under) Actual EXPENDITURES Current Administration Legislative $ 273,909 $ 273,909 $ 271,666 $ (2,243) $ 276,361 Office of the City Manager 417,041 417,041 365,239 (51,802) 372,488 Legal Counsel 502,963 502,963 473,612 (29,351) 502,727 City Clerk 176,071 176,071 141,467 (34,604) 264,366 Communications 521,458 521,458 507,396 (14,062) 504,809 Finance 820,997 820,997 817,520 (3,477) 821,564 Customer Service 380,239 380,239 355,511 (24,728) 365,134 Human Resources 897,236 897,236 877,321 (19,915) 839,082 Total Administration 3,989,914 3,989,914 3,809,732 (180,182) 3,946,531 Community Development Assessing 985,949 985,949 974,127 (11,822) 958,214 Planning 579,066 654,066 553,042 (101,024) 600,890 Community Development Administration 233,642 233,642 222,024 (11,618) 219,114 Economic Development 115,353 131,353 122,765 (8,588) 113,084 Housing&Community Services 334,569 334,569 319,104 (15,465) 312,665 Total Community Development 2,248,579 2,339,579 2,191,062 (148,517) 2,203,967 Police 13,236,544 13,236,544 13,474,840 238,296 12,833,058 Fire Fire 4,179,289 4,179,289 4,486,962 307,673 4,395,075 Inspections 1,195,318 1,195,318 1,120,321 (74,997) 1,123,776 Public Safety Communications 182,580 182,580 147,464 (35,116) 178,584 Total Fire 5,557,187 5,557,187 5,754,747 197,560 5,697,435 Public Works Engineering 1,342,802 1,357,029 1,340,326 (16,703) 1,233,749 Street Maintenance 3,647,156 3,652,701 3,505,161 (147,540) 3,530,194 Street Lighting 991,463 991,463 842,256 (149,207) 914,003 Total Public Works 5,981,421 6,001,193 5,687,743 (313,450) 5,677,946 The notes to financial statements are an integral part of this statement 50 City of Eden Prairie,Minnesota General Fund Statement of Revenues,Expenditures and Changed in Fund Balance-Budget and Actual For the Year Ended December 31,2015 Continued With Comparative Actual Amounts For year Ended December 31,2014 2015 2014 Budget Budget Variance Original Final Actual Over/(Under) Actual EXPENDITURES(Continued) Current(Continued) Parks and Recreation Park Maintenance 3,784,183 3,784,183 3,701,939 (82,244) 3,703,370 Community Center 3,760,225 3,842,325 4,031,290 188,965 3,778,909 Youth Programs 438,084 438,084 443,878 5,794 439,943 Senior Center 384,704 384,704 384,945 241 371,060 Park Administration 387,221 387,221 382,658 (4,563) 378,652 Organized Athletics 282,462 282,462 252,591 (29,871) 260,451 Recreation Administration 286,959 286,959 283,562 (3,397) 259,945 Arts Center 251,647 251,647 268,259 16,612 262,634 Therapeutic Recreation 176,790 176,790 192,350 15,560 175,989 Outdoor Center 182,676 182,676 200,606 17,930 202,467 Oak Point Pool 132,631 132,631 126,912 (5,719) 144,852 Arts 114,160 114,160 124,608 10,448 105,358 Special Events 85,657 85,657 100,680 15,023 96,193 Park Facilities 52,083 52,083 52,511 428 53,425 Beaches 57,793 62,793 47,670 (15,123) 58,175 Total Parks and Recreation 10,377,275 10,464,375 10,594,459 130,084 10,291,423 Debt Service Principal 44,224 44,224 44,224 - 43,107 Interest 2,321 2,321 2,321 - 3,437 Total Debt Service 46,545 46,545 46,545 - 46,544 Total Expenditures 41,437,465 41,635,337 41,559,128 (76,209) 40,696,904 Excess(Deficiency)of Revenues Over Expenditures (575,384) (773,256) 760,599 1,533,855 1,236,904 OTHER FINANCING SOURCES/(USES) Transfers In 406,610 406,610 271,865 (134,745) 271,295 Transfers Out (160,000) (160,000) (486,338) (326,338) (724,435) Proceeds from Disposition of Capital Assets - - 4,600 4,600 14,024 Total Other Financing Sources/(Uses) 246,610 246,610 (209,873) (456,483) (439,116) Net Change in Fund Balance $ (328,774) $ (526,646) 550,726 $ 1,077,372 797,788 Fund Balance,January 1 22,332,031 21,534,243 Fund Balance,December 31 $ 22,882,757 $ 22,332,031 The notes to financial statements are an integral part of this statement 51 CITY OF EDEN PRAIRIE,MINNESOTA PROPRIETARY FUNDS STATEMENT OF NET POSITION DECEMBER 31,2015 Governmental Activities Internal Water Sewer Storm Drainage Liquor Service Fund Fund Fund Fund Totals Fund ASSETS Current Assets: Cash and Investments $ 9,698,236 $ 4,098,147 $ - $ 1,461,028 $ 15,257,411 $ 6,235,442 Receivables: Accounts 972,782 1,110,201 357,636 608 2,441,227 439,200 Interest 12,463 5,608 - 2,066 20,137 8,597 Due From Other Governments - - 49,008 - 49,008 155 Unremitted Special Assessments 4,483 1,098 - - 5,581 - Delinquent Special Assessments 306,974 6,353 - - 313,327 - Deferred Special Assessments 140,742 211,113 190,433 - 542,288 - Special Deferred Special Assessments 117,280 175,920 - - 293,200 - Due From Other Funds 101,506 - - - 101,506 - Inventory - - - 1,384,195 1,384,195 109,215 Prepaid Items 2,551 311,946 60 31,943 346,500 248,911 Total Current Assets 11,357,017 5,920,386 597,137 2,879,840 20,754,380 7,041,520 Noncurrent Assets Capital Assets: Property,Plant and Equipment 131,560,304 81,278,218 47,060,225 3,310,168 263,208,915 8,014,805 Less Accumulated Depreciation (67,714,536) (42,576,861) (21,246,323) (1,074,227) (132,611,947) (2,432,701) Total Noncurrent Assets 63,845,768 38,701,357 25,813,902 2,235,941 130,596,968 5,582,104 Total Assets 75,202,785 44,621,743 26,411,039 5,115,781 151,351,348 12,623,624 DEFERRED OUTFLOWS OF RESOURCES Pensions 178,984 73,708 17,045 88,552 358,289 - Total Deferred Outflows of Resources 178,984 73,708 17,045 88,552 358,289 - Total Assets and Deferred Outflows of Resources 75,381,769 44,695,451 26,428,084 5,204,333 151,709,637 12,623,624 LIABILITIES Current Liabilities: Accounts Payable 269,239 52,757 196,011 749,894 1,267,901 636,352 Salaries Payable 26,470 11,992 1,726 14,199 54,387 25,569 Investment Interest Payable - - 599 - 599 - Interest Payable 4,923 1,125 - - 6,048 - Due to Other Governments 13,440 - 1,925 131,344 146,709 166,387 Due to Other Funds - - 258,676 - 258,676 - Unearned Revenue - - - 4,588 4,588 1,090 Current Portion of Bonds Payable 370,000 85,000 - - 455,000 - Current Portion of Compensated Absences 87,088 21,179 13,969 16,993 139,229 916,828 Total Current Liabilities 771,160 172,053 472,906 917,018 2,333,137 1,746,226 Noncurrent Liabilities: Net OPEB 113,553 64,527 11,458 28,945 218,483 1,330,283 Net Pension 1,269,288 522,710 120,877 627,980 2,540,855 - Bonds Payable 1,625,025 386,205 - - 2,011,230 - Advances from Other Funds - - 1,257,364 - 1,257,364 - Compensated Absences 90,643 22,043 14,539 17,686 144,911 958,571 Total Noncurrent Liabilities 3,098,509 995,485 1,404,238 674,611 6,172,843 2,288,854 Total Liabilities 3,869,669 1,167,538 1,877,144 1,591,629 8,505,980 4,035,080 DEFERRED INFLOWS OF RESOURCES Pensions 140,200 57,737 13,352 69,364 280,653 - Total Deferred Inflows of Resources 140,200 57,737 13,352 69,364 280,653 - Total Liabilities and Deferred Inflows of Resources 4,009,869 1,225,275 1,890,496 1,660,993 8,786,633 4,035,080 NET POSITION Net Investment in Capital Assets 61,850,743 38,230,152 25,813,902 2,235,941 128,130,738 5,582,104 Unrestricted 9,521,157 5,240,024 (1,276,314) 1,307,399 14,792,266 3,006,440 Total Net Position $ 71,371,900 $ 43,470,176 $ 24,537,588 $ 3,543,340 $ 142,923,004 $ 8,588,544 The notes to financial statements are an integral part of this statement 52 CITY OF EDEN PRAIRIE,MINNESOTA PROPRIETARY FUNDS STATEMENT OF REVENUES,EXPENSES AND CHANGES IN NET POSITION FOR THE YEAR ENDED DECEMBER 31,2015 Governmental Activities- Internal Water Sewer Storm Drainage Liquor Service Fund Fund Fund Fund Total Fund SALES AND COST OF SALES Sales $ - $ - $ - $ 11,024,719 $ 11,024,719 $ - Cost of Sales - - - (8,102,770) (8,102,770) - Gross Profit - - - 2,921,949 2,921,949 - OPERATING REVENUE Sales 7,162,040 5,636,680 1,887,440 - 14,686,160 - Charges for Services - - - - - 15,849,472 Rental - - - 235,033 235,033 627,288 Other 7,677 - - 53,070 60,747 - Total Operating Revenues 7,169,717 5,636,680 1,887,440 288,103 14,981,940 16,476,760 OPERATING EXPENSE Personal Services 2,267,734 861,679 205,341 1,024,776 4,359,530 5,302,473 Supplies Supplies 96,259 8,762 39,700 34,454 179,175 502,756 Motor Fuel - - - - - 422,246 Tires - - - - - 55,518 Chemicals 573,935 - - - 573,935 - Merchandise For Sale 33,310 - - - 33,310 - Contractual Services Contractual Services 654,058 50,436 537,354 157,272 1,399,120 1,704,705 Lime Residual Removal 226,749 - - - 226,749 - Insurance - - - 12,413 12,413 3,531,333 Janitorial Services/Cleaning Supplies 70,233 - - 36,695 106,928 936,002 LOGIS 48,516 48,516 - - 97,032 464,359 Process Control Services 11,542 3,016 - - 14,558 - Building Rent - - - 322,836 322,836 - Licenses,Permits,Taxes 160,040 90 (13,767) 76,964 223,327 198,534 Bank and Credit Card Fees 65,781 3,270 - 208,350 277,401 - Repairs and Maintenance 528,947 173,705 282,491 44,950 1,030,093 902,310 Utilities 611,442 3,449,572 1,186 81,141 4,143,341 1,172,411 User Charges 577,339 159,279 107,178 144,760 988,556 - Total Operating Expenses 5,925,885 4,758,325 1,159,483 2,144,611 13,988,304 15,192,647 Operating Income(Loss)Before Depreciation 1,243,832 878,355 727,957 1,065,441 3,915,585 1,284,113 Depreciation 2,922,908 1,796,044 907,394 122,336 5,748,682 974,618 Operating Income(Loss)Before Nonoperating Revenue/Expense (1,679,076) (917,689) (179,437) 943,105 (1,833,097) 309,495 NONOPERATING REVENUE(EXPENSE) Grants - - 78,394 - 78,394 600 Investment Income 39,148 15,239 (2,599) 6,262 58,050 37,200 Interest (67,930) (15,838) (15,717) - (99,485) - Bond Issuance Cost 12,005 4,241 - - 16,246 - Fiscal Agent Fees (1,050) - - - (1,050) - Gain/(Loss)on Disposition of Capital Assets (6,977) 25,310 46,132 - 64,465 104,606 Miscellaneous 11,958 - 37,972 4,871 54,801 231,858 Total Nonoperating Revenues(Expenses) (12,846) 28,952 144,182 11,133 171,421 374,264 Income(Loss)Before Contributions and Transfers (1,691,922) (888,737) (35,255) 954,238 (1,661,676) 683,759 Contributions-from Governmental Activities 352,673 205,269 790,542 - 1,348,484 - Contributions-fromDevelopers 120,212 139,717 95,932 - 355,861 - Capital Access Charges 498,210 139,880 - - 638,090 - Capital Special Assessments 85,204 45,443 1,152 - 131,799 - Transfers Out (260,000) - (10,000) (800,000) (1,070,000) - Change in Net Position (895,623) (358,428) 842,371 154,238 (257,442) 683,759 Net Position-Beginning 73,467,637 44,322,828 23,809,507 3,982,858 145,582,830 7,904,785 Prior Period Adjustment(See Note 17) (1,200,114) (494,224) (114,290) (593,756) (2,402,384) - Net Position-Beginning(Restated) 72,267,523 43,828,604 23,695,217 3,389,102 143,180,446 7,904,785 NetPosition-Ending $ 71,371,900 $ 43,470,176 $ 24,537,588 $ 3,543,340 $ 142,923,004 $ 8,588,544 The notes to financial statements are an integral part of this statement 53 City of Eden Prairie,Minnesota Proprietary Funds Statement of Cash Flows For the Year Ended December 31,2015 Page 1 of 2 Governmental Activities- Internal Water Sewer Storm Drainage Liquor Service Fund Fund Fund Fund Totals Fund CASH FLOWS FROM OPERATING ACTIVITIES Receipts From Customers $ 7,436,908 $ 5,826,167 $ 1,895,007 $ 11,312,956 $ 26,471,038 $ 15,408,342 Payments to Vendors (3,800,246) (3,899,394) (708,243) (9,257,487) (17,665,370) (9,911,815) Payments to Employees (2,279,891) (852,307) (202,761) (1,023,046) (4,358,005) (5,210,240) Other Receipts 7,677 - - - 7,677 833,293 Net Cash Provided(Used)By Operating Activities 1,364,448 1,074,466 984,003 1,032,423 4,455,340 1,119,580 CASH FLOWS FROM INVESTING ACTIVITIES Investment Income 39,192 14,986 (2,465) 6,195 57,908 38,838 Net Cash Provided(Used)By Investing Activities 39,192 14,986 (2,465) 6,195 57,908 38,838 CASH FLOWS FROM NONCAPITAL FINANCING ACTIVITIES Grants - - 78,394 - 78,394 600 Payments From Other Funds 881,791 - 101,506 - 983,297 - Payments to Other Funds (101,506) - (1,038,961) - (1,140,467) - Transfers(Out) (260,000) - (10,000) (800,000) (1,070,000) - Net Cash Provided(Used)By Noncapital Financing Activities 520,285 - (869,061) (800,000) (1,148,776) 600 CASH FLOWS FROM CAPITAL FINANCING ACTIVITES Acquisition and Construction of Capital Assets (101,297) (323,584) (144,643) - (569,524) (1,322,233) Proceeds From Sale of Equipment (6,977) 25,310 46,132 - 64,465 104,606 Access Charges 498,210 139,880 - - 638,090 - Special Assessments 85,204 45,443 1,152 - 131,799 - Principal Paid on Debt (355,077) (83,875) - - (438,952) - Interest and Fiscal Agent Paid on Debt (74,708) (17,176) (15,118) - (107,002) - Net Cash Provided(Used)By Capital Financing Activities 45,355 (214,002) (112,477) - (281,124) (1,217,627) Net Increase(Decrease)in Cash and Cash Equivalents 1,969,280 875,450 - 238,618 3,083,348 (58,609) Cash and Cash Equivalents,January 1 7,728,956 3,222,697 - 1,222,410 12,174,063 6,294,051 Cash and Cash Equivalents,December 31 $ 9,698,236 $ 4,098,147 $ - $ 1,461,028 $ 15,257,411 $ 6,235,442 The notes to financial statements are an integral part of this statement 54 City of Eden Prairie,Minnesota Proprietary Funds Statement of Cash Flows For the Year Ended December 31,2015 Page 2 of 2 Governmental Activities- Internal Water Sewer Storm Drainage Liquor Service Fund Fund Fund Fund Totals Fund RECONCILIATION OF OPERATING INCOME (LOSS)TO NET CASH PROVIDED(USED) BY OPERATING ACTIVITIES: Operating Income(Loss) $ (1,679,076)$ (917,689) $ (179,437) $ 943,105 $ (1,833,097)$ 309,495 Adjustments to Reconcile Operating Income(Loss) to Net Cash Provided(Used)by Operating Activities: Depreciation 2,922,908 1,796,044 907,394 122,336 5,748,682 974,618 Miscellaneous 11,958 - 37,972 4,871 54,801 231,858 (Increase)Decrease in Assets and Deferred Outflows: Accounts Receivable 167,029 39,432 1,000 226 207,687 (428,894) Special Assessments Receivable 107,839 150,055 6,567 - 264,461 - Due From Other Governments 10,000 - 272,269 - 282,269 24,960 Inventory 29,224 - - (32,822) (3,598) (55) Prepaid Items (876) (26,553) 70 (626) (27,985) 244,196 Pensions(Deferred Outflow) (126,992) (52,297) (12,094) (62,828) (254,211) - Increase(Decrease)in Liabilities and Deferred Inflows: Accounts Payable (202,717) 23,805 (66,337) (16,368) (261,617) (180,246) Salaries Payable (61,250) (15,370) (4,213) (25,837) (106,670) (60,748) Unearned Revenue - - - (92) (92) (12,236) Due to Other Governments 10,316 - 1,925 10,063 22,304 (136,349) Net Other Post Employment Benefits 12,388 3,248 1,487 3,179 20,302 158,329 Net Pension 17,182 7,075 1,636 8,500 34,393 - Pensions(Deferred Inflow) 140,200 57,737 13,352 69,364 280,653 - Compensated Absences 6,315 8,979 2,412 9,352 27,058 (5,348) Net Cash Provided(Used)by Operating Activities $ 1,364,448 $ 1,074,466 $ 984,003 $ 1,032,423 $ 4,455,340 $ 1,119,580 Noncash Investing,Capital and Financing Activities: Purchase of Equipment on Account $ 19,042 $ 11,022 $ 51,445 $ - $ 81,509 $ - Contributions of Capital Assets from Governmental Activities 352,673 205,269 790,542 - 1,348,484 - Contributions of Capital Assets from Developers 120,212 139,717 95,932 - 355,861 - Contribution of Capital Assets to Government Funds - - - - - (22,265) Amortization of Bond Premium (12,005) (4,241) - - (16,246) - The notes to financial statements are an integral part of this statement 55 City of Eden Prairie, Minnesota Agency Funds Statement of Fiduciary Net Position December 31, 2015 Total ASSETS Cash and Investments $ 1,250,759 Total Assets $ 1,250,759 LIABILITIES Accounts Payable $ 1,032,342 Due to Other Governments 218,417 Total Liabilities $ 1,250,759 The notes to financial statements are an integral part of this statement 56 57 City of Eden Prairie, Minnesota Notes to Financial Statements Note 1—Summary of Significant Accounting Policies Reporting Entity The City of Eden Prairie is a municipal corporation governed by an elected mayor and four-member council. The accompanying financial statements consist of the primary government and organizations for which the primary government is financially accountable. In addition,the primary government may determine through exercise of management's professional judgment that the inclusion of an organization that does not meet the financial accountability criteria is necessary in order to prevent the financial statements from being misleading. The criteria used to determine if the primary government is financially accountable for a potential component unit include whether or not the primary government appoints the voting majority of the potential component unit's board, is able to impose its will on the potential component unit, is in a relationship of financial benefit or burden with the potential component unit, or is fiscally depended upon by the potential component unit. Blended Component Unit The Housing and Redevelopment Authority (H.R.A.) is a body organized and existing under the laws of the State of Minnesota. The Authority was established in 1980 by the City to carry out certain redevelopment projects within the City and is governed by the City Council and the Mayor. The H.R.A. has a December 31 year-end and does not issue financial statements. This unit is included within the H.R.A., 3rd Rink Lease Revenue Bonds 2007A and Economic Development funds. Government-Wide and Fund Financial Statements The government-wide financial statements (i.e., the Statement of Net Position and the Statement of Activities) report information on all of the nonfiduciary activities of the City. Governmental activities, which normally are supported by taxes and intergovernmental revenues, are reported separately from business-type activities,which rely to a significant extent on fees and charges for support. The statement of activities demonstrates the degree to which the direct expenses of a given function or segment are offset by program revenues. Direct expenses are those that are clearly identifiable with a specific function or segment. Program revenues include 1) charges to customers or applicants who purchase, use or directly benefit from goods, service or privileges provided by a given function or segment and 2) grants and contributions that are restricted to meeting the operational or capital requirements of a particular function or segment. Taxes and other items not properly included among program revenues are reported instead as general revenues. 58 City of Eden Prairie, Minnesota Notes to Financial Statements Note 1—Summary of Significant Accounting Policies (Continued) Measurement Focus, Basis of Accounting and Statement Presentation Separate financial statements are provided for governmental funds, proprietary funds, and fiduciary funds, even though the latter are excluded from the government-wide financial statements. Major individual governmental funds and major individual proprietary funds are reported as separate columns in the fund financial statements. The government-wide financial statements are reported using the economic resources measurement focus and the accrual basis of accounting, as are the proprietary fund financial statements. The fiduciary fund financial statements include Agency funds, which utilize the accrual basis of accounting, but do not have a measurement focus. Revenues are recorded when earned and expenses are recorded when a liability is incurred, regardless of the timing of the related cash flows. Property taxes are recognized as revenues in the year for which they are levied. Grants and similar items are recognized as revenue as soon as all eligibility requirements imposed by the provider have been met. Governmental fund financial statements are reported using the current financial resources measurement focus and the modified accrual basis of accounting. Revenues are recognized as soon as they are both measurable and available. Revenues are considered to be available when they are collectible within the current period or soon enough thereafter to pay liabilities of the current period. For this purpose, the City considers revenues to be available if they are collected within 60 days of the end of the current fiscal period. Expenditures generally are recorded when a liability is incurred, as under accrual accounting. However, debt service expenditures, as well as expenditures related to compensated absences and claims and judgments, are recorded only when payment is due. Property taxes, licenses, interest and special assessments are all considered to be susceptible to accrual and so have been recognized as revenues of the current fiscal period. All other revenue items are considered to be measurable and available only when payment is received by the City. The City reports the following major governmental funds: • The General fund is the City's primary operating fund. It accounts for the proceeds of specific revenue sources that are restricted or committed to expenditures for specified purposes other than debt service and capital projects. • The Capital Improvement Maintenance fund accounts for the accumulation of resources to be used for capital improvements and maintenance of City property. 59 City of Eden Prairie, Minnesota Notes to Financial Statements Note 1—Summary of Significant Accounting Policies (Continued) • The Public Improvement Construction fund accounts for proceeds of bonds sold and special assessments collected to finance street, drainage, and lateral utility construction within the City. • The Shady Oak Road North fund accounts for the accumulation of resources to be used for the reconstruction of Shady Oak Road from Rowland Road through the Highway 62 interchange. • The Shady Oak Road South fund accounts for the accumulation of resources to be used for the reconstruction of Shady Oak Road from Flying Cloud Drive to Rowland Road. • The Aquatics & Fitness Expansion fund accounts for the accumulation of resources to be used for an upgrade to the Community Center pool. • The Eden Prairie Road fund accounts for proceeds of bonds sold to finance the construction of Eden Prairie Road. The City reports the following major proprietary funds: • The Water fund accounts for the operations of the City water system. • The Sewer fund accounts for the operations of the City sewer service. • The Storm Drainage fund accounts for the operations of the City's storm drainage system. • The Liquor fund accounts for the operations of the City's three retail liquor stores and the operations of the City-owned Den Road building which is leased to City liquor operations and other tenants. Additionally, the city reports the following fund types: Internal Service funds: • The Health & Benefits fund accounts for the activities pertaining to health, dental, life and disability insurance. This fund also accounts for the employer's portion of pension, FICA and medicare contributions. • The Severance fund accounts for unused vacation and sick leave for governmental fund employees. • The Workers Compensation fund accounts for insurance payments and cost reimbursement from other departments. • The Property Insurance fund accounts for insurance payments and cost reimbursement from other departments. • The Facilities fund accounts for the accumulation of resources to be used for the maintenance of the city's buildings. 60 City of Eden Prairie, Minnesota Notes to Financial Statements Note 1—Summary of Significant Accounting Policies (Continued) • The Fleet fund accounts for the accumulation of resources to be used for the purchase and maintenance of machinery and equipment for the City. • The Information Technology funds accounts for planning, designing and implementing information systems and cost reimbursement from other departments. Fiduciary funds: • Agency funds account for various deposits, collections and remittances of expenses for accumulating donations and contributions in the Escrow fund, WAFTA and Metropolitan Council Environmental Services funds. As a general rule the effect of interfund activity has been eliminated from the government-wide financial statements. Exceptions to this rule are payments in-lieu of taxes and other charges between the City's water and sewer function and various other functions of the City. Elimination of these charges would distort the direct costs and program revenues reported from the various functions concerned. Proprietary funds distinguish operating revenues and expenses from nonoperating items. Operating revenues and expenses generally result from providing services and producing and delivering goods in connection with a proprietary fund's principal ongoing operations. The principal operating revenue of the City's proprietary funds are charges to customers for sales and services. Operating expenses for proprietary funds include the cost of sales and services, administrative expenses, and depreciation on capital assets. All revenues and expenses not meeting this definition are reported as nonoperating revenues and expenses. Cash and Investments Cash and investments, except for small amounts of cash on hand, are deposited in pooled accounts of the City. The City invests cash surpluses in these accounts; and investment earnings, as well as gains and losses on sales of securities, are allocated to the various funds on the basis of average cash balances. Funds with deficit cash balance averages (interfund payable) are charged interest equivalent to the average investment earnings lost if financing the deficits. For purposes of the statement of cash flows,the Proprietary funds consider all unrestricted investments held in the pooled accounts of the City to be cash equivalents because this pool is used essentially as a demand deposit account. The pooled investments are recorded at fair value in accordance with GASB 31, and are based on quoted market prices at year end. 61 City of Eden Prairie, Minnesota Notes to Financial Statements Note 1—Summary of Significant Accounting Policies (Continued) Assets, Liabilities, Deferred Outflows/Inflows of Resources, and Net Position/Fund Balance Cash and Investments with Escrow Agent Certain resources set aside for repayment of lease revenue bond proceeds are classified as cash and investments with escrow agent on the balance sheet because their use is limited by applicable bond covenants. Interfund Receivables/Payables Activity between funds that are representative of lending/borrowing arrangements outstanding at the end of the fiscal year are referred to as "due to/from other funds" (i.e., the current portion of interfund loans) or advances to/from other funds. All other outstanding balances between funds are reported as "due to/from other funds." Any residual balances outstanding between the governmental activities and business-type activities are reported in the government-wide financial statements as "internal balances." Inventories and Prepaid Items Liquor fund inventories are valued at average cost. The Fleet fund's inventories are valued at cost. All inventories use the first-in/first-out (FIFO) method. Inventories of governmental funds are recorded as expenditures when consumed rather than when purchased. Certain payments to vendors reflect costs applicable to future accounting periods and are recorded as prepaid items in both government-wide and fund financial statements. Capital Assets Capital assets, which include property, plant, equipment and infrastructure assets (e.g., roads, bridges, sidewalks, and similar items), are reported in the applicable governmental or business-type activities columns in the government-wide financial statements. Capital assets are defined by the City as assets with an initial, individual cost of more than $25,000 and an estimated useful life in excess of 1 year. Such assets are recorded at historical cost or estimated historical cost if purchased or constructed. Donated capital assets are recorded at estimated fair market value at the date of donation. The costs of normal maintenance and repairs that do not add to the value of the asset or materially extend assets lives are not capitalized. 62 City of Eden Prairie, Minnesota Notes to Financial Statements Note 1—Summary of Significant Accounting Policies (Continued) The City has chosen to use the modified approach for its infrastructure assets, which means the following criteria will take place: • The City will preserve and maintain infrastructure assets at a condition level of 60. • The Engineering department will be in charge of determining the appropriate condition level at which these assets are to be maintained. • The City will maintain an inventory of these assets and perform a condition assessment every 3 years to establish that the condition level of 60 is being maintained. • The City will make annual estimates of the amounts that must be expended to preserve and maintain these assets at the condition level of 60. Property, plant, and equipment, except for infrastructure, of the City are depreciated using the straight line method over the following estimated useful lives: Buildings 5-50 years Land improvements 10-50 years Leasehold improvements 10-25 years Equipment 5-30 years Autos 5-20 years Other assets 5-30 years Distribution system 50 years Intangible assets 3 years Deferred Outflows/Inflows of Resources In addition to assets, the statement of financial position will sometimes report a separate section for deferred outflows of resources. This separate financial statement element,deferred outflows of resources, represents a consumption of net position that applies to a future period(s) and will not be recognized as an outflow of resources (expense/ expenditure) until then. The City has two items that qualify for reporting in this category. It is the deferred charge on refunding reported in the government-wide statement of net position and the deferred charge for pensions (see Pension section below for explanation). A deferred charge on refunding results from the difference in the carrying value of refunded debt and its reacquisition price. This amount is deferred and amortized over the shorter of the life of the refunded or refunding debt. In addition to liabilities, the statement of financial position will sometimes report a separate section for deferred inflows of resources. This separate financial statement 63 City of Eden Prairie, Minnesota Notes to Financial Statements Note 1—Summary of Significant Accounting Policies (Continued) element, deferred inflows of resources, represents an acquisition of net position that applies to a future period(s) and will not be recognized as an inflow of resources (revenue) until that time. The City has one item that qualifies for reporting in this category. It is the deferred charge for pensions (see Pension section below for explanation). The City also has one type of item,which arises under a modified accrual basis of accounting that qualifies for reporting in this category. Accordingly, the item, unavailable revenue, is reported only in the governmental funds balance sheet. The governmental funds report unavailable revenues from four sources: property taxes, special assessments, loans and grants. These amounts are deferred and recognized as an inflow of resources in the period that the amounts become available. Pensions For purposes of measuring the net pension liability, deferred outflows/inflows of resources, and pension expense, information about the fiduciary net position of the Public Employees Retirement Association (PERA) and additions to/deductions from PERA's fiduciary net position have been determined on the same basis as they are reported by PERA except that PERA's fiscal year end is June 30. For this purpose, plan contributions are recognized as of employer payroll paid dates and benefit payments and refunds are recognized when due and payable in accordance with the benefit terms. Investments are reported at fair value. For purposes of measuring the liability, deferred outflows of resources and deferred inflows of resources, and expense associated with the City's requirement to contribute to the Eden Prairie Firefighter Relief Association, information about the Plan's fiduciary net position and additions to/deductions from the Eden Prairie Firefighter Relief Association Plan's fiduciary net position have been determined on the same basis as they are reported by the Plan. For this purpose, benefit payments (including refunds of contributions) are recognized when due and payable in accordance with the benefit terms. Investments are reported at fair value. Compensated Absences The City compensates employees upon termination for unused PTO. Such pay will be reflected as a liability in the government-wide financial statement and accrued as an expense as it is earned in an internal service fund. 64 City of Eden Prairie, Minnesota Notes to Financial Statements Note 1—Summary of Significant Accounting Policies (Continued) General Property Taxes Property tax levies are set by the City Council in December each year and are certified to Hennepin County for collection in the following year. In Minnesota, counties act as collection agents for all property taxes. The County spreads all levies over taxable property. Such taxes become a lien on January 1 and are recorded as receivables by the City at that date. Revenues are accrued and recognized in the year collectible,net of delinquencies. Real property taxes may be paid by taxpayers in two equal installments on May 15 and October 15. Personal property taxes may be paid on February 28 and June 30. The County provides tax settlements to taxing districts in February,June,and December. In the governmental fund financial statements, taxes that remain unpaid at December 31 are classified as delinquent taxes receivable and are fully offset by unavailable revenue because they are not available to finance current expenditures. Special Assessment Levies Special assessments represent the financing for public improvements paid for by the benefiting property owner. In the fund financial statements, special assessment revenue and related interest income is generally recognized in the year collected. Hennepin County acts as the billing and collection agent. Amounts collected by the County during the year that have not yet been remitted to the City are considered collections for purposes of revenue recognition. Deferred special assessments receivable represents principal amounts due in future years. Special deferred assessments receivable includes Green Acres, disability, senior citizen owned property or other qualified hardship properties. These special assessments are deferred until such time the property loses its exempt status. While these taxes remain a valid receivable, the timing of their collection is uncertain. Interest accrues from the year of the deferment. Delinquent special assessments receivable represents special assessments principal and interest that are past due. In the governmental fund financial statements, deferred and delinquent special assessments receivable are fully offset by deferred inflows of resources because such assessment revenue is not available currently. 65 City of Eden Prairie, Minnesota Notes to Financial Statements Note 1—Summary of Significant Accounting Policies (Continued) Long-term Obligations In the government-wide financial statements and proprietary fund financial statements, long-term debt and other long-term obligations are reported as liabilities in the statement of net position. Bond premiums and discounts are amortized over the life of the bonds using the effective interest method. Bonds payable are reported net of the applicable bond premium or discount. In the fund financial statements, governmental fund types recognize bond premiums and discounts, as well as bond issuance costs, during the current period. The face amount of debt issued is reported as other financing sources. Premiums and discounts on debt issuances are reported as other financing sources/uses. Issuance costs, whether or not withheld from the actual debt proceeds received, are reported as debt service expenditures. Fund Balance Classifications In the fund financial statements, governmental funds report fund balance in classifications that disclose constraints for which amounts in those funds can be spent. These classifications are as follows: • Nonspendable-consists of amounts that are not in spendable form, such as prepaid assets and assets that are legally or contractually required to be maintained intact. • Restricted-consists of amounts related to externally imposed constraints established by creditors, grantors or contributors;or constraints imposed by state statutory provisions. • Committed-consists of internally imposed constraints. These constraints are established by Resolution of the City Council. • Assigned-consists of internally imposed constraints. These constraints reflect the specific purpose for which it is the City's intended use. These constraints are established by the City council and/or management. Pursuant to City Council Resolution, the City's City Manager or Finance Manager is authorized to establish assignments of fund balance. • Unassigned-is the residual classification for the general fund and also reflects negative residual amounts in other funds. When both restricted and unrestricted resources are available for use, it is the City's policy to first use restricted resources, and then use unrestricted resources as they are needed. When unrestricted resources are available for use, it is the City's policy to use resources in the following order: 1)committed 2)assigned 3)unassigned. 66 City of Eden Prairie, Minnesota Notes to Financial Statements Note 1—Summary of Significant Accounting Policies (Continued) The City's fund balance policy requires the unassigned for working capital fund balance component to equal 50% of the next year's budgeted tax revenue. In recognition that the amount for working capital only covers operating costs for the first six months of the year, the City will maintain an unassigned fund balance component for budget stabilization which is 15% of the next year's budget. If the balance falls below 15%, a plan would be developed and implemented to replenish the fund. Prior Period Comparative Financial Information/Reclassification The financial statements include certain prior year partial comparative information but not at the level of detail required for a presentation in conformity with accounting principles generally accepted in the United States of America. Accordingly, such information should be read in conjunction with the City's financial statements for the year ended December 31, 2014, from which the summarized information was derived. Also, certain amounts presented in the prior year data have been reclassified in order to be consistent with the current year's presentation. Note 2—Stewardship, Compliance and Accountability Budgetary Information An annual budget is adopted on a basis consistent with generally accepted accounting principles for the General fund. The City does not budget for its Special Revenue funds. All annual appropriations lapse at fiscal year end. The proposed budget is presented to the City Council for review. The Council then holds truth-in- taxation hearings after which a final General Fund annual budget is legally adopted by no later than December 31. The appropriated budget is prepared by department and division. The City's directors and division managers may make transfers of appropriations within a division. Transfers of appropriations between departments require the approval of the City Manager. The legal level of budgetary control is the fund level. Any changes in the total budget of each fund must be approved by a majority vote of the City Council. During the year, adjustments between the original and final General fund amended budget resulted in an increase of$197,872. Following are changes made to the original budget during the year: 67 City of Eden Prairie, Minnesota Notes to Financial Statements Note 2—Stewardship, Compliance and Accountability (Continued) Economic Development Business Survey $ 16,000 Round Lake Capital Canoes 5,000 Planning Comprehensive Plan 75,000 Fitness Center Equipment for Cardio Area 82,100 Street Lighting Valley View Rd & Hames Way 14,227 Street Signs Two Dynamic Speed Display Signs 5,545 $ 197,872 General fund expenditures equal $41,559,128 or 99.8% of the annual amount budgeted of$41,635,337. All departments except Police, Fire and Park and Recreation have spent less than 100% of the amounts budgeted. Police has spent 101.8% of their budget due primarily to overtime. The additional overtime was the result of covering extra shifts due to officers on medical leave. Fire has spent 103.6% of their budget due to the purchase of turn-out gear and self- contained breathing apparatus (SCBA) gear that was damaged in a chemical fire. The majority of these costs were reimbursed by the League of MN Cities, our insurance carrier. Another additional cost to the department was the "Nozzle Forward" training held by the Fire department. The majority of these costs were reimbursed by other city participants. Parks and Recreation has spent 101.2% of their budget due to an increase in the minimum wage and also due to an increase in wages for additional staff time and training needed to implement the new Park and Rec software. Deficit Fund Equity The following governmental funds had deficit fund balance/net position at December 31, 2015: Major Funds: Public Improvement Construction $ 2,455,907 Shady Oak Road North 578,359 Eden Prairie Road 2,003,022 Non-Major Governmental Funds: Eden Prairie Rd Connect to Flying Cloud 92,291 Homeowners Improvements Area 74,285 West 70th Street Extension 1,225,507 TC Station/NS Road 27,173 General LRT 116,295 Internal Service Funds: Health and Benefits 688,314 Severance 524,111 68 City of Eden Prairie, Minnesota Notes to Financial Statements Note 2—Stewardship, Compliance and Accountability (Continued) The fund balance deficits of these individual Capital Project funds will be financed by property tax levies and special assessments. The fund balance deficit of the Severance Internal Service fund will be financed by user charges. The fund balance deficit of the Health and Benefits fund is due to the OPEB liability which the City will not fund since it pertains only to the Implicit Rate. Note 3—Cash and Investments Components of Cash and Investments Cash and investments at year-end consist of the following: Investments $ 77,898,712 Cash on hand 11,489 Total $ 77,910,201 Cash and investments are presented in the financial statements as follows: Statement of Net Position Cash and cash equivalents $ 76,557,254 Restricted cash and cash equivalents 102,188 Statement of Fiduciary Net Position Cash and investments 1,250,759 $ 77,910,201 Deposits In accordance with Minnesota Statutes, the City maintains deposits at those depository banks authorized by the City Council, including checking accounts and certificates of deposits. The following is considered the most significant risk associated with deposits: 69 City of Eden Prairie, Minnesota Notes to Financial Statements Note 3—Cash and Investments (Continued) Custodial Credit Risk: In the case of deposits,this is the risk that in the event of a bank failure,the City's deposits may be lost. Minnesota Statutes require that all deposits be protected by federal deposit insurance, corporate surety bond, or collateral. The market value of collateral pledged must equal 110% of the deposits not covered by federal deposit insurance or corporate surety bonds. Authorized collateral includes treasury bills, notes, and bonds; issues of U.S. government agencies; general obligation rate "A" or better; revenue obligations rate "AA" or better; irrevocable standard letters of credit issued by the Federal Home Loan Bank; and certificated of deposit. Minnesota Statues require that securities pledged as collateral be held in safekeeping in a restricted account at the Federal Reserve Bank or in an account at a trust department of a commercial bank or other financial institution that is not owned or controlled by the financial institution furnishing the collateral. It is the City's policy to limit collateral to what is authorized by Minnesota Statutes. At year-end, the carrying amount of the City's deposits was $0 while the balance on the bank records was $0. At December 31, 2015, all deposits were fully covered by federal depository insurance, surety bonds, or by collateral held by the City's agent in the City's name. Investments As of December 31, 2015, the city had the following investments and maturities: Investment Maturities (in Years) Fair Less 1 to 5 Value Than 1 Year Years U.S. Agencies $ 29,358,399 $ 4,425,671 $ 24,932,728 Municipal Bonds 818,114 400,012 418,102 Commercial Paper 1,006,027 1,006,027 - Negotiable Certificat 13,258,587 9,270,820 3,987,767 Mutual Funds 33,457,585 33,457,585 - Total $ 77,898,712 $ 48,560,115 $ 29,338,597 70 City of Eden Prairie, Minnesota Notes to Financial Statements Note 3—Cash and Investments (Continued) Negotiable US Municipal Commercial Certificate Mutual Agencies Bonds Paper of Deposit Funds Total Moodys AAA $ 29,358,399 $ - $ - $ 500,995 $ - $ 29,859,394 AA1 - 400,012 - - - 400,012 AA2 - 216,744 - - - 216,744 N/A - - 1,006,027 4,637,935 - 5,643,962 N/R - - - 8,119,657 33,457,585 41,577,242 S&P - A+ - 201,358 - - - 201,358 $ 29,358,399 $ 818,114 $ 1,006,027 $ 13,258,587 $ 33,457,585 $ 77,898,712 Moody's Investors Service was used as the primary agency for the municipal bond ratings, in the case that Moody's did not provide a rating a Standard&Poor's was used. Investments are subject to various risks,the following of which are considered the most significant. Interest Rate Risk Per City policy, the City will match its investments with anticipated cash flow requirements. Unless matched to a specific cash flow, the City will not directly invest in securities maturing more than five (5) years from the date of purchase. Reserve funds and other funds with longer-term investment horizons may be invested in securities exceeding five (5) years if the maturities of such investments are made to coincide as nearly as practicable with the expected use of funds. The intent to invest in securities with longer maturities will be disclosed to the City Council. Currently, the City does not have any investments maturing more than five years from the date of purchase. Credit Risk It is the City's policy to limit its investments to the following types as authorized by Minnesota Statutes: • Direct obligations or obligations guaranteed by the United States or its agencies, its instrumentalities or organizations created by an act of congress, excluding mortgage-backed securities defined as high risk. 71 City of Eden Prairie, Minnesota Notes to Financial Statements Note 3—Cash and Investments (Continued) • Shares of investment companies registered under the Federal Investment Company Act of 1940 and whose only investments are in securities described above or in general obligation tax exempt securities, or repurchase or reverse repurchase agreements. • Repurchase or reverse repurchase agreements with banks that are members of the Federal Reserve System with capitalization exceeding$10,000,000: a primary reporting dealer in U.S. government securities to the Federal Reserve Bank of New York; certain Minnesota securities broker-dealers, or, a bank qualified as a depositor. • Commercial paper issued by United States corporations or their Canadian subsidiaries, of the higher quality, and maturing in 270 days or less. • Banker's acceptance of U.S.banks eligible for purchase by the Federal Reserve System. • General obligations of a state of local government. • Money market mutual funds meeting the conditions of rule 2a-7 of the Securities and Exchange Commission. The fair value of the position in the pool is the net asset value per share provided by the pool. Custodial Credit Risk For an investment, custodial credit risk is the risk that in the event of the failure of the counterparty, the city will not be able to recover the value of its investments or collateral securities that are in the possession of an outside party. The City's investments are held in safe keeping. The City's investment policy does not further address this risk, but the City typically limits its exposure by purchasing insured or registered investments, or by the control of who holds the securities. Concentration Risk This is the risk associated with investing a significant portion of the City's investment (considered 5 percent or more) in the securities of a single issuer, excluding U.S. guaranteed investments (such as Treasuries), investment pools, and mutual funds. The City's investment policy does not limit the concentration of investments. At year end, the City did not have any investments in securities with a single issuer which exceeded 5%. 72 City of Eden Prairie, Minnesota Notes to Financial Statements Note 4-Capital Assets Capital asset activity for the year ended December 31, 2015 was as follows: 2015 2015 Beginning Ending Balance Transfers Increases Decreases Balance GOVERNMENTAL ACTIVITIES Capital Assets, Not Being Depreciated: Land $ 22,006,728 $ - $ 16,000 $ - $ 22,022,728 Infrastructure 126,444,316 1,917,843 355,776 18,612 128,699,323 Work in Progress 16,310,180 (3,367,035) 15,466,076 256,713 28,152,508 Total Capital Assets, Not Being Depreciated 164,761,224 (1,449,192) 15,837,852 275,325 178,874,559 Capital Assets, Being Depreciated: Buildings 51,293,164 - 49,275 59,856 51,282,583 Land Improvements 16,297,320 - 189,221 48,630 16,437,911 Leasehold Improvements 77,318 - - - 77,318 Machinery and Equipment 4,351,374 - 403,451 142,075 4,612,750 Autos 9,814,406 (23,858) 1,688,387 466,351 11,012,584 Other Assets 8,018,295 100,708 431,204 423,172 8,127,035 Total Capital Assets, Being Depreciated 89,851,877 76,850 2,761,538 1,140,084 91,550,181 Total Capital Assets,Cost 254,613,101 (1,372,342) 18,599,390 1,415,409 270,424,740 Less Accumulated Depreciation for: Buildings 14,294,546 - 1,126,143 59,856 15,360,833 Land Improvements 5,834,701 - 861,044 48,630 6,647,115 Leasehold Improvements 52,687 - 5,054 - 57,741 Machinery and Equipment 3,154,011 - 431,820 142,075 3,443,756 Autos 6,522,917 (23,858) 898,479.00 433,289 6,964,249 Other Assets 3,928,206 - 681,140 251,879 4,357,467 Total Accumulated Depreciation 33,787,068 (23,858) 4,003,680 935,729 36,831,161 Total Capital Assets, Being Depreciated,Net 56,064,809 100,708 (1,242,142) 204,355 54,719,020 Governmental Activities Capital Assets,Net $ 220,826,033 $ (1,348,484) $ 14,595,710 $ 479,680 $ 233,593,579 73 City of Eden Prairie, Minnesota Notes to Financial Statements Note 4-Capital Assets (Continued) 2015 2015 Beginning Ending Balance Transfers Increases Decreases Balance BUSINESS-TYPE ACTIVITIES Capital Assets, Not Being Depreciated: Land $ 809,333 $ - $ - $ - $ 809,333 Work in Progress 1,468,233 (1,449,390) 108,613 - 127,456 Total Capital Assets, Not Being Depreciated 2,277,566 (1,449,390) 108,613 - 936,789 Capital Assets, Being Depreciated: Land Improvements 107,304 - - - 107,304 Buildings 58,989,884 - - 10,708 58,979,176 Distribution System 192,091,083 2,293,627 439,058 - 194,823,768 Leasehold Improvements 847,866 - - - 847,866 Machinery and Equipment 5,555,217 504,247 301,249 9,000 6,351,713 Autos 1,142,082 23,858 87,173 328,314 924,799 Other Assets 237,500 - - - 237,500 Total Capital Assets, Being Depreciated 258,970,936 2,821,732 827,480 348,022 262,272,126 Total Capital Assets,Cost 261,248,502 1,372,342 936,093 348,022 263,208,915 Less Accumulated Depreciation for: Land Improvements 27,118 - 4,950 - 32,068 Buildings 29,182,729 - 1,330,255 - 30,512,984 Distribution System 94,741,295 - 3,871,740 - 98,613,035 Leasehold Improvements 358,131 - 84,398 - 442,529 Machinery and Equipment 1,751,802 - 351,688 9,000 2,094,490 Autos 893,740 23,858 96,371 328,314 685,655 Other Assets 221,906 - 9,280 - 231,186 Total Accumulated Depreciation 127,176,721 23,858 5,748,682 337,314 132,611,947 Total Capital Assets,Being Depreciated, Net 131,794,215 2,797,874 (4,921,202) 10,708 129,660,179 Business-Type Activities Capital Assets,Net $ 134,071,781 $ 1,348,484 $ (4,812,589) $ 10,708 $ 130,596,968 74 City of Eden Prairie, Minnesota Notes to Financial Statements Note 4—Capital Assets (Continued) Depreciation expense was charged to functions/programs of the City as follows: Governmental Activities: General Government $ 397,925 Community Development 26,080 Police 226,313 Fire 323,688 Public Works 321,405 Parks and Recreation 1,733,652 Capital Assets Held by the Government's Internal Service Funds are Charged to the Various Functions Based on their Usage of the Assets 974,617 Total Depreciation Expense - Governmental Activities $ 4,003,680 Business-Type Activities: Water $ 2,922,908 Sewer 1,796,044 Storm 907,394 Liquor 122,336 Total Depreciation Expense - Business-Type Activities $ 5,748,682 Note 5—Notes/Loans Receivable The City has entered into note agreements with Eden Prairie residents to either improve the quality of housing and/or to increase the availability of affordable housing. These note agreements are secured by a secured lien that is placed on the property. The note is interest free and is due either when the home sells or 30 years,whichever occurs first. The City has also entered into a loan agreement with Edenvale Housing for the repayment of Tax Increment Financing that they have received over the past fifteen years. The Borrower will be obligated to make semiannual payments only to the extent that there is "Available Cash" (which is calculated by a formula in the loan agreement) or in full by March 1, 2039. 75 City of Eden Prairie, Minnesota Notes to Financial Statements Note 5—Notes/Loans Receivable (Continued) Notes Loans Project Receivable Receivable Home Buyer Assistance Program $ 86,014 $ - Rehabilitation Assistance Program 157,725 - Tax Increment Finance Repayment - 178,729 $ 243,739 $ 178,729 Note 6—Interfund Receivables and Payables The composition of due to/from balances as of December 31, 2015, is as follows: Due From Due To Advances From Advances To Other Funds Other Funds Other Funds Other Funds Capital Improvement Maintenance $ 4,961,576 $ - $ 1,257,364 $ - Public Improvements Construction - 2,437,796 - - Shady Oak Road North - 543,156 - - Eden Prairie Road - 1,823,454 - - Non-Major Governmental Funds 1,414,781 1,414,781 - - Water Fund 101,506 - - - Storm Drainage Fund - 258,676 - 1,257,364 Total $ 6,477,863 $ 6,477,863 $ 1,257,364 $ 1,257,364 The funds will be repaid as special assessment revenue,taxes and grants are received. Interfund payables and receivables are representative of lending/borrowing arrangements to cover deficit cash balances. 76 City of Eden Prairie, Minnesota Notes to Financial Statements Note 7—Interfund Transfers The composition of interfund transfers as of December 31, 2015, is as follows: Transfers In Transfers Out Amount General Water Fund $ 260,000 Storm Drainage Fund 10,000 Non-Major Governmental Funds 1,865 Capital Improvement Maintenance General 336,338 Liquor Fund 800,000 Non-Major Governmental Funds General 150,000 Capital Improvement Maintenance 260,000 Shady Oak Road North 2,200,000 Non-Major Governmental Funds 353,169 Total of transfers $ 4,371,372 Interfund transfers allow the City to allocate financial resources to the funds that receive benefit from services provided by another fund. All of the City's interfund transfers fall under that category. All of the 2015 transfers are considered routine and consistent with previous practices. 77 City of Eden Prairie, Minnesota Notes to Financial Statements Note 8—Pension Plan Defined Benefit Pension Plans Plan Description The City participates in the following cost-sharing multiple-employer defined benefit pension plans administered by the Public Employees Retirement Association of Minnesota (PERA). PERA's defined benefit pension plans are established and administered in accordance with Minnesota Statutes, Chapters 353 and 356. PERA's defined benefit pension plans are tax qualified plans under Section 401 (a) of the Internal Revenue Code. General Employees Retirement Fund (GERF) All full-time and certain part-time employees of the City of Eden Prairie are covered by the General Employees Retirement Fund (GERF). GERF members belong to either the Coordinated Plan or the Basic Plan. Coordinated Plan members are covered by Social Security and Basic Plan members are not. The Basic Plan was closed to new members in 1967. All new members must participate in the Coordinated Plan. Public Employees Police and Fire Fund (PEPFF) The PEPFF, originally established for police officers and firefighters not covered by a local relief association, now covers all police officers and firefighters hired since 1980. Effective July 1, 1999, the PEPFF also covers police officers and firefighters belonging to local relief associations that elected to merge with and transfer assets and administration to PERA. Benefits Provided PERA provides retirement, disability, and death benefits. Benefit provisions are established by state statute and can only be modified by the state legislature. Benefit increases are provided to benefit recipients each January. Increases are related to the funding ratio of the plan. Members in plans that are at least 90% funded for two consecutive years are given 2.5% increases. Members in plans that have not exceeded 90% funded, or have fallen below 80%, are given 1% increases. 78 City of Eden Prairie, Minnesota Notes to Financial Statements Note 8—Pension Plan (Continued) The benefit provisions stated in the following paragraphs of this section are current provisions and apply to active plan participants. Vested, terminated employees who are entitled to benefits but are not receiving them yet are bound by the provisions in effect at the time they last terminated their public service. GERF Benefits Benefits are based on a member's highest average salary for any five successive years of allowable service, age, and years of credit at termination of service. Two methods are used to compute benefits for PERA's Coordinated and Basic Plan members. The retiring member receives the higher of a step-rate benefit accrual formula (Method 1) or a level accrual formula (Method 2). Under Method 1, the annuity accrual rate for a Basic Plan member is 2.2% of average salary for each of the first ten years of service and 2.7% for each remaining year. The annuity accrual rate for a Coordinated Plan member is 1.2% of average salary for each of the first ten years and 1.7% for each remaining year. Under Method 2, the annuity accrual rate is 2.7% of average salary for Basic Plan members and 1.7% for Coordinated Plan members for each year of service. For members hired prior to July 1, 1989, a full annuity is available when age plus years of service equal 90 and normal retirement age is 65. For members hired on or after July 1, 1989, normal retirement age is the age for unreduced Social Security benefits capped at 66. PEPFF Benefits Benefits for the PEPFF members first hired after June 30, 2010, but before July 1, 2014, vest on a prorated basis from 50% after five years up to 100% after ten years of credited service. Benefits for PEPFF members first hired after June 30, 2014, vest on a prorated basis from 50% after ten years up to 100% after twenty years of credited service. The annuity accrual rate is 3% of average salary for each year of service. For PEPFF who were first hired prior to July 1, 1989, a full annuity is available when age plus years of service equal at least 90. Contributions Minnesota Statutes Chapter 353 sets the rates for employer and employee contributions. Contribution rates can only be modified by the state legislature. 79 City of Eden Prairie, Minnesota Notes to Financial Statements Note 8—Pension Plan (Continued) GERF Contributions Basic Plan members and Coordinated Plan members were required to contribute 9.1% and 6.50%, respectively, of their annual covered salary in calendar year 2015. The City was required to contribute 11.78% of pay for Basic Plan members and 7.50% for Coordinated Plan members in calendar year 2015. The City's contributions to the GERF for the year ended December 31, 2015, were $1,164,110. The City's contributions were equal to the required contributions as set by state statute. PEPFF Contributions Plan members were required to contribute 10.8% of their annual covered salary in calendar year 2015. The City was required to contribute 16.20% of pay for PEPFF members in calendar year 2015. The City's contributions to the PEPFF for the year ended December 31, 2015,were $1,215,450. The City's contributions were equal to the required contributions as set by state statute. Pension Costs GERF Pension Costs At December 31, 2015, the City reported a liability of $13,085,859 for its proportionate share of the GERF's net pension liability. The net pension liability was measured as of June 30, 2015, and the total pension liability used to calculate the net pension liability was determined by an actuarial valuation as of that date. The City's proportion of the net pension liability was based on the City's contributions received by PERA during the measurement period for employer payroll paid dates from July 1, 2014, through June 30, 2015, relative to the total employer contributions received from all of PERA's participating employers. At June 30, 2015,the City's proportion share was .2525 %which was a decrease of.0223 % from its proportion measured as of June 30, 2014. For the year ended December 31, 2015, the City recognized pension expense of $1,482,428 for its proportionate share of the GERF's pension expense. At December 31, 2015, the City reported its proportionate share of the GERF's deferred outflows of resources and deferred inflows of resources related to pensions from the following sources: 80 City of Eden Prairie, Minnesota Notes to Financial Statements Note 8—Pension Plan (Continued) Deferred Outflow Deferred Inflow of Resources of Resources Differences Between Expected and Actual Economic Experience $ - $ 659,750 Changes in Actuarial Assumptions - - Difference Between Projected and Actual Investment Earnings 1,238,778 - Changes in Proportion - 785,657 Contriubtions Paid to PERA Subsequent to the Measurement Date 606,473 - Total $ 1,845,251 $ 1,445,407 $606,473 reported as deferred outflows of resources related to pensions resulting from the City's contributions subsequent to the measurement date will be recognized as a reduction of the net pension liability in the year ended December 31, 2016. Other amounts reported as deferred outflows and inflows of resources related to pensions will be recognized in pension expense as follows: Pension Expense Year Ended Dec 31: Amount 2016 $ (172,108) 2017 (172,108) 2018 (172,108) 2019 309,694 2020 - Thereafter - PEPFF Pension Costs At December 31, 2015, the City reported a liability of $8,828,538 for its proportionate share of the PEPFF's net pension liability. The net pension liability was measured as of June 30, 2015, and the total pension liability used to calculate the net pension liability was determined by an actuarial valuation as of that date. The City's proportion of the net pension liability was based on the City's contributions received by PERA during the measurement period for employer payroll paid dates from July 1, 2014, through June 30, 2015, relative to the total employer contributions received from all of PERA's participating employers. At June 30, 2015, the City's proportion was .7777% which was an increase of .0010% from its proportion measured as of June 30, 2014. 81 City of Eden Prairie, Minnesota Notes to Financial Statements Note 8—Pension Plan (Continued) For the year ended December 31, 2015, the City recognized pension expense of $1,523,166 for its proportionate share of the PEPFF's pension expense. The City also recognized $69,930 for the year ended December 31, 2015, as pension expense (and grant revenue) for its proportionate share of the State of Minnesota's on-behalf contributions to the PEPFF. Legislation passed in 2013 required the State of Minnesota to begin contributing $9 million to the PEPFF each year, starting in fiscal year 2014. At December 31, 2015, the City reported its proportionate share of the PEPFF's deferred outflows of resources and deferred inflows of resources related to pensions from the following sources: Deferred Outflow Deferred Inflow of Resources of Resources Differences Between Expected and Actual Economic Experience $ - $ 1,431,700 Changes in Actuarial Assumptions - - Difference Between Projected and Actual Investment Earnings 1,538,227 - Changes in Proportion 9,000 - Contriubtions Paid to PERA Subsequent to the Measurement Date 638,411 - Total $ 2,185,638 $ 1,431,700 $638,411reported as deferred outflows of resources related to pensions resulting from City contributions subsequent to the measurement date will be recognized as a reduction of the net pension liability in the year ended December 31, 2016. Other amounts reported as deferred outflows and inflows of resources related to pensions will be recognized in pension expense as follows: Pension Expense Year Ended Dec 31: Amount 2016 $ 100,017 2017 100,017 2018 100,017 2019 100,017 2020 (284,540) Thereafter - 82 City of Eden Prairie, Minnesota Notes to Financial Statements Note 8—Pension Plan (Continued) Actuarial Assumptions The total pension liability in the June 30, 2015, actuarial valuation was determined using the following actuarial assumptions: Inflation 2.75% per year Active Member Payroll Growth 3.50%per year Investment Rate of Return 7.90% Salary increases were based on a service-related table. Mortality rates for active members, retirees, survivors and disabilitants were based on RP-2000 tables for males or females, as appropriate,with slight adjustments. Cost of living benefit increases for retirees are assumed to be: 1% effective every January 1st until 2034,then 2.5% for GERF and PEPFF, and 2.5% for all years (PECF). Actuarial assumptions used in the June 30, 2015, valuation were based on the results of actuarial experience studies. The experience study in the GERF was for the period July 1, 2004, through June 30, 2008, with an update of economic assumptions in 2014. The experience study for PEPFF was for the period July 1, 2004,through June 30, 2009. Experience studies have not been prepared for the PECF,but assumptions are reviewed annually. There were no changes in actuarial assumptions in 2015. The long-term expected rate of return on pension plan investments is 7.9%. The State Board of Investment, which manages the investments of PERA, prepares an analysis of the reasonableness of the long-term expected rate of return on a regular basis using a building-block method in which best- estimate ranges of expected future rates of return are developed for each major asset class. These ranges are combined to produce an expected long-term rate of return by weighting the expected future rates of return by the target asset allocation percentages. The target allocation and best estimates of arithmetic real rates of return for each major asset class are summarized in the following table: 83 City of Eden Prairie, Minnesota Notes to Financial Statements Note 8—Pension Plan (Continued) Asset Class Target Allocation Long-Term Expected Real Rate of Return Domestic Stocks 45% 5.50% International Stocks 15% 6.00% Bonds 18% 1.45% Alternative Assets 20% 6.40% Cash 2% 0.50% Discount Rate The discount rate used to measure the total pension liability was 7.9%. The projection of cash flows used to determine the discount rate assumed that employee and employer contributions will be made at the rate specified in statute. Based on that assumption, each of the pension plan's fiduciary net position was projected to be available to make all projected future benefit payments of current active and inactive employees. Therefore, the long-term expected rate of return on pension plan investments was applied to all periods of projected benefit payments to determine the total pension liability. Pension Liability Sensitivity The following presents the City's proportionate share of the net pension liability for all plans it participates in, calculated using the discount rate disclosed in the preceding paragraph, as well as what the City's proportionate share of the net pension liability would be if it were calculated using a discount rate 1 percentage point lower or 1 percentage point higher than the current discount rate: 1% Decrease 1% Increase in Discount Discount in Discount Rate (6.9%) Rate (7.9%) Rate (8.9%) City's Proportionate Share of the GERF Net Pension Liability $ 20,575,624 $ 13,085,859 $ 6,900,466 City's Proportionate Share of the PEPFF Net Pension Liability 17,206,914 8,828,538 1,906,540 84 City of Eden Prairie, Minnesota Notes to Financial Statements Note 8—Pension Plan (Continued) Pension Plan Fiduciary Net Position Detailed information about each pension plan's fiduciary net position is available in a separately-issued PERA financial report that includes financial statements and required supplementary information. That report may be obtained on the Internet at www.mnpera.org. Defined Contribution Plan Council members of the City of Eden Prairie are covered by the Public Employees Defined Contribution Plan (PEDCP), a multiple-employer deferred compensation plan administered by PERA. The PEDCP is a tax qualified plan under Section 401(a) of the Internal Revenue Code and all contributions by or on behalf of employees are tax deferred until time of withdrawal. Plan benefits depend solely on amounts contributed to the plan plus investment earnings, less administrative expenses. Minnesota Statutes, Chapter 353D.03, specifies plan provisions, including the employee and employer contribution rates for those qualified personnel who elect to participate. An eligible elected official who decides to participate contributes 5 percent of salary which is matched by the elected official's employer. Employer and employee contributions are combined and used to purchase shares in one or more of the seven accounts of the Minnesota Supplemental Investment Fund. For administering the plan, PERA receives 2 percent of employer contributions and twenty-five hundredths of 1% (.0025) of the assets in each member's account annually. Total contributions made by the City of Eden Prairie during the year ending December 31,2015 were: Amount % of Covered Payroll Required Employee Employer Employee Employer Rates $ 2,823 $ 2,823 5.00% 5.00% 5.00% 85 City of Eden Prairie, Minnesota Notes to Financial Statements Note 8—Pension Plan (Continued) Defined Benefit Pension Plans - Volunteer Fire Fighter's Relief Association Plan Description Firefighters of the City of Eden Prairie are members of the Eden Prairie Firefighter Relief Association. The Association is the administrator of the single-employer defined benefit pension plan available to firefighters. The plan is administered pursuant to Minnesota Statutes Chapter 69, Chapter 424A, and the Association's by-laws. As of December 31, 2014, membership includes 95 active participants, 95 retirees and beneficiaries currently receiving benefits, and 14 terminated employees entitled to benefit but not yet receiving them. The plan issues a stand-alone financial statement. Benefits Provided Authority for payment of pension benefits is established in Minnesota Statutes §69.77 and may be amended only by the Minnesota State Legislature. Each member who is at least 50 years of age; has retired from the Eden Prairie Fire Department; has served at least 10 years of active service with such department before retirement; and, has been a member of the Association in good standing for at least 10 years prior to such retirement; shall be entitled to receive a service pension based on the vested amount of service time accrued. Full vesting occurs at 10 years of service, with no provision for partial vesting. Upon retirement, an irrevocable election for one of the following two plan options must be made. • Monthly Service Pension - Each eligible member electing this plan is entitled to receive a monthly service pension calculated by multiplying $56 times each year that member has been an active firefighter in the Fire Department and member in good standing of the Relief Association, up to a maximum monthly pension of$1,792. • Lump Sum Service Pension - each eligible member electing this plan is entitled to receive a one- time lump sum service pension calculated by multiplying $10,000 times the years of service which the member would be entitled. Pursuant to Minnesota Statutes§424A.02, Subds. 2 and 4, members who retire with 10 years of service and have reached the age of 50 years are eligible for a retirement benefit. Members who retire before full retirement age and years of service requirements are eligible for a reduced benefit, based on the vesting schedule as set forth in Minnesota Statutes Statutes§424A.02, Subd. 2(c). During the time a member is on early vested pension,they will not be eligible for disability benefits. 86 City of Eden Prairie, Minnesota Notes to Financial Statements Note 8—Pension Plan (Continued) A member, who is disabled with a fire service related disability, shall be eligible to collect a disability benefit. The member shall be eligible to receive the disability benefit immediately upon approval of the Board of Trustees. The disability benefit amount shall be equal to the service pension amount in effect on the date of the disability for each year of active service. A member must apply for and meet all the requirements for disability as defined in the bylaws in order to receive such benefits. A member currently receiving a disability benefit shall receive all approved increases in the monthly service pension applicable to that member's number of years of active firefighting service. In the event of the death of an active or deferred member of the Association, the surviving spouse, if any, shall be paid 100% of the lump sum benefit for each year of service. If such member who has no surviving spouse leaves a surviving child or children, such child or children as a group shall be paid 100% of the lump sum benefit for each year of active service. If such member has no spouse and no surviving children but has a designated beneficiary on file, such beneficiary shall be paid 100% of the lump sum benefit for each year of active service. If such member has no spouse, no surviving children, and no designated beneficiary, the member's estate shall be paid 100% of the lump sum benefit. Such death benefits are payable without regard to minimum or partial vesting requirements. If an active member dies before completing one year of active service, the Association shall pay a death benefit to his or her surviving spouse, surviving children or designated beneficiary on file in the same order and procedure as describe above of$10,000. In the event of the death of a retired member of the Association, the surviving spouse, if any, shall be paid until death or remarriage of the surviving spouse, monthly, two-thirds of the monthly service pension for each year of active service. If such member leave a surviving child or children in the addition to a spouse, such child or children, in the aggregate, shall be paid, monthly, the sum of one-third of the monthly service pension. If such member is survived only by a child or children, such child or children, in the aggregate, shall be paid, monthly, the sum of 100% of the monthly service pension for each year of active service. 87 City of Eden Prairie, Minnesota Notes to Financial Statements Note 8—Pension Plan (Continued) Minnesota Statutes Section 424A.10 provides for the payment of a supplemental benefit equal to 10% of a regular lump sum distribution up to a maximum of$1,000. The supplemental benefit is in lieu of state income tax exclusion for lump sum distributions and will no longer be available if state tax law is modified to exclude lump sum distributions from state income tax. The Association qualifies for these benefits. Contributions Minnesota Statues Chapter 424A.093 specifies minimum support rates required on an annual basis. The significant actuarial assumptions used to compute the municipal support are the same as those used to compute the accrued pension liability. The association is comprised of volunteers; therefore, there are no payroll expenditures (i.e. there are no covered payroll percentage calculations). The minimum contribution from the City of Eden Prairie and state aid is determined as follows: Normal Cost for the Next Year + Amortization of Unfunded Actuarial Liability as Reported in the Latest Actuarial Valuation + Administrative Expenses for the Prior Year Multiplied by a Factor of 1.035 - Anticipated State Aid (Not to Exceed the Fire Aid Received in the Prior Year Multiplied by a Factor of 1.035) - Anticipated Contributions Required by the Association Bylaws from Active Members of the Association = Minimum Municipal Obligation The Plan is funded in part by fire state aid and, if necessary, City contributions. The State of Minnesota distributed to the City $414,343 in fire state aid paid by the City to the Relief Association for the year ended December 31, 2014. Required employer contributions are calculated annually based on statutory provisions. The City's statutorily-required contribution to the plan for the year ended December 31, 2014 was $488,073. The City used December 31, 2014 amounts since December 31, 2015 were not available yet. 88 City of Eden Prairie, Minnesota Notes to Financial Statements Note 8—Pension Plan (Continued) Pension Costs At December 31, 2015, the City reported an asset of$1,354,054 for the Association's net pension asset. The net pension asset was measured as of December 31, 2014, and the total pension liability used to calculate the net pension liability was determined by an actuarial valuation as of that date. As a result of its requirement to contribute to the Relief Association, the City recognized fire expense of $19,744 for the year ended December 31, 2015. At December 31, 2015, the City reported deferred outflows of resources and deferred inflows of resources from the following sources: Deferred Outflows of Deferred Inflows Description Resources of Resources Differences Between Expected and Actual Economic Experience $ - $ - Changes in Actuarial Assumptions - - Net Difference Between Projected and Actual Earnings on Pension Plan Investments 453,556 - City Contributions Subsequent to the Measurement Date 393,065 - Total $ 846,621 $ - The City contributions to the Association subsequent to the measurement date of$393,065, reported as deferred outflows of resources, will be recognized as a reduction of the net pension liability in the year ended December 31, 2016. Other amounts reported as deferred outflows and inflows of resources related to the Association's pension will be recognized in pension expense as follows: Pension Expense Year Ended December 31 Amount 2016 $ 113,389 2017 113,389 2018 113,389 2019 113,389 2020 - Thereafter - 89 City of Eden Prairie, Minnesota Notes to Financial Statements Note 8—Pension Plan (Continued) Actuarial Assumptions The actuarial total pension liability was determined as of December 31, 2014, using the following actuarial assumptions, applied to all periods included in the measurement: Valuation Date 12/31/14 Actuarial Cost Method Entry Age Normal Amortization Method Level Dollar Closed Actuarial Assumptions: Discount Rate 6.00% Investment Rate of Return 6.00% 20-Year Municipal Bond Yield 3.50% Age of Service Retirement Later of Age 50 or 10 years of service Assumed life expectancies were Mortality based on the RP-2014 Generational mortality table projected with Improvement Scale MP-2014. 25% of active disabilities are assumed to be in the Disability line of duty or fire service related. 6% withdrawal assumed at age 20, decreasing Withdrawal 0.24% each year until 0% at age 45, with no withdrawal after age 45. Percent Married 85.00% Age Difference 3 years Form of Payment 80% Annuity (66 2/3% J&S for married), 20% Lump Sum The long-term expected rate of return on pension plan investments was determined using a building- block method in which best-estimates of expected future real rates of return (expected returns, net of pension plan investment expense and inflation) are developed for each major asset class. These asset class estimates are combined to produce the portfolio long-term expected rate of return by weighting the expected future real rates of return by weighting the expected future real rates of return by the current asset allocation percentage (or target allocation, if available) and by adding expected inflation. 90 City of Eden Prairie, Minnesota Notes to Financial Statements Note 8—Pension Plan (Continued) The best-estimate of expected future real rates of return were developed by aggregating data from several published capital market assumption surveys and deriving a single best-estimate based on the average survey values. These capital market assumptions reflect both historical market experience as well as diverse views regarding anticipated future returns. The expected inflation assumption was developed based on an analysis of historical experience blended with forward-looking expectations available in market data. Best estimates of geometric real and nominal rates of return for each major asset class included in the pension plan's asset allocation as of December 31, 2015 are summarized in the following table: Allocation at Long-Term December 31, Expected Expected Nominal Asset Class 2014 Portfolio Weight Rate of Return Equities 48.38% 43.00% 8.00% Fixed Income 49.81% 42.00% 4.00% Real Assets 0.00% 5.00% 6.50% Alternatives 1.81% 10.00% 6.00% Total Portfolio 100.00% 100.00% 6.00% Discount Rate The discount rate used to measure the total pension liability was 6.00%. Assets were projected using expected benefit payments and expected asset returns. Expected benefit payments were discounted by year using expected assets return assumption for years in which the assets were sufficient to pay all benefit payments. Any remaining benefit payments after the trust fund is exhausted are discounted at the municipal bond rate of return. The equivalent single rate is the discount rate. Based on those assumptions, the pension plan's fiduciary net position was projected to be available to make all projected future benefit payments of current plan members. 91 City of Eden Prairie, Minnesota Notes to Financial Statements Note 8—Pension Plan (Continued) Pension Liability Sensitivity The following presents the City of Eden Prairies proportionate share of the net pension liability of the Association, calculated using the discount rate of 6.00%, as well as what the Association's net pension liability would be if it were calculated using a discount rate that is one percentage point lower (5.00%) or one percentage point higher (7.00%) than the current rate: Selected 1% Decrease Discount Rate 1% Increase Net Pension Liability (Asset) $ 1,064,660 $ (1,354,054) $ (3,331,606) Discount Rate 5.00% 6.00% 7.00% Plan's Fiduciary Net Position Detailed information about the Plan's fiduciary's net position is available in a separately-issued report. That report may be obtained by writing to Eden Prairie Firefighter's Association, 14800 Scenic Heights Rd., Eden Prairie, MN 55344 or by calling(952)949-8367. 92 City of Eden Prairie, Minnesota Notes to Financial Statements Note 8—Pension Plan (Continued) Information about the changes in the Plan's net pension liability(asset) is as follows: 2014 Total Pension Asset Service Cost $ 413,646 Interest 1,083,202 Differences Between Expected and Actual Experience - Changes of Assumptions - Changes of Benefit Terms - Benefit Payments, Including Member Contribution Refunds (1,027,216) Other Changes Net Change in Total Pension Liability 469,632 Total Pension Liability- Beginning 18,577,319 Total Pension Liability- Ending (a) 19,046,951 Plan Fiduciary Net Position Municipal Contributions 569,966 State Contributions 414,343 Net Investment Income 646,363 Benefit Payments (1,027,216) Administrative Expenses (37,158) Other Changes Net Change in Fiduciary Net Position 566,298 Fiduciary Net Position - Beginning 19,834,707 Fiduciary Net Position - Ending (b) 20,401,005 Association's Net Pension Liability/(Asset) - Ending (a) - (b) $ (1,354,054) 93 City of Eden Prairie, Minnesota Notes to Financial Statements Note 9—Other Post-Employment Benefits Plan Plan Description The City provides post-employment insurance benefits to certain eligible employees through the City's Other Post-Employment Benefits Plan, a single-employer defined benefit plan administered by the City. All post-employment benefits are based on contractual agreements with employee groups. These contractual agreements do not include any specific contribution or funding requirements. The Plan does not issue a separate report. As of December 31, 2015, membership included 15 retirees and others currently receiving benefits, 5 spouses receiving payments and 263 active plan members. These benefits are summarized as follows: Post-Employment Insurance Benefits All retirees of the City have the option under state law to continue their medical insurance coverage through the City from the time of retirement until the employee reaches the age of eligibility for Medicare. For members of all employee groups, the retiree must pay the full premium to continue coverage for medical and dental insurance. The City is legally required to include any retirees for whom it provides health insurance coverage in the same insurance pool as its active employees, whether the premiums are paid by the City or the retiree. Consequently, participating retirees are considered to receive a secondary benefit known as an "implicit rate subsidy." This benefit relates to the assumption that the retiree is receiving a more favorable premium rate than they would otherwise be able to obtain if purchasing insurance on their own, due to being included in the same pool with the City's younger and statistically healthier active employees. Funding Policy The required contribution is based on projected pay-as-you-go financing requirements, with additional amounts to pre-fund benefits as determined annually by the City. Annual OPEB Cost and Net OPEB Obligation The City's annual OPEB cost (expense) is calculated based on annual required contributions (ARC) of the City, an amount determined on an actuarially determined basis in accordance with the parameters of GASB Statement Nos. 43 and 45. The City prospectively implemented these statements during 2008. The ARC represents a level funding that, if paid on an ongoing basis, is projected to cover normal costs each year and amortize any unfunded actuarial liabilities (or funding excess) over a period not to exceed 30 years. The following table shows the components of the City's annual OPEB cost for the year, the amount actually contributed to the plan, and the changes in the City's net OPEB obligation to the plan: 94 City of Eden Prairie, Minnesota Notes to Financial Statements Note 9—Other Post-Employment Benefits Plan (Continued) Annual required contribution $ 347,967 Interest on net OPEB obligation 54,805 Adjustment to annual required contribution (77,696) Annual OPEB cost expense 325,076 Contributions made 146,442 Increase in net OPEB obligation 178,634 Net OPEB obligation-beginning of year 1,370,132 Net OPEB obligation-end of year $ 1,548,766 Other post-employment benefits are generally liquidated through the Health and Benefits Internal Service funds. The City's annual OPEB cost, the percentage of annual OPEB cost contributed to the plan, and the net OPEB obligation for the year are as follows: % of Annual Fiscal Annual Employer OPEB Cost Net OPEB Year Ended OPEB Cost Contribution Contributed Obligation 12/31/13 $ 314,750 $ 137,237 43.6% $ 1,166,410 12/31/14 325,343 121,621 37.4% 1,370,132 12/31/15 325,076 146,442 45.0% 1,548,766 Funded Status and Funding Progress As of January 1, 2014, the plan was zero percent funded. The actuarial accrued liability for benefits was $3,121,974, and the actuarial value of assets was $0, resulting in an unfunded actuarial accrued liability (UAAL) of$3,121,974. The covered payroll (annual payroll of active employees covered by the plan) was $18,585,719, and the ratio of the UAAL to the covered payroll was 16.8%. Actuarial valuations of an ongoing plan involve estimates of the value of reported amounts and assumptions about the probability occurrence of events far into the future. Examples include assumptions about future employment, mortality, and the healthcare cost trend. Amounts determined regarding the funded status of the plan and ARCs of the employer are subject to continual revision as actual results are compared with past expectations and new estimates are made about the future. The Schedule of Funding Progress immediately following the notes to the basic financial statements presents multi-year trend information about whether the actuarial value of plan assets is increasing or decreasing over time relative to the actuarial accrued liabilities for benefits. 95 City of Eden Prairie, Minnesota Notes to Financial Statements Note 9—Other Post-Employment Benefits Plan (Continued) Actuarial Methods and Assumptions Projections of benefits for financial reporting purposes are based on the substantive plan (the plan as understood by the employer and the plan members) and include the types of benefits provided at the time of each valuation and the historical pattern of sharing of benefit costs between the employer and plan members to that point. The actuarial methods and assumptions used include techniques that are designed to reduce the effects of short-term volatility in actuarial accrued liabilities and the actuarial value of assets, consistent with the long-term perspective of the calculations. In the January 1, 2014 actuarial valuation, the projected unit credit actuarial cost method was used. The actuarial assumptions included: a 4% percent investment rate of return (net of investment expenses) based on the City's own investments; an annual healthcare cost trend rate of 7.5% initially, reduced by decrements to an ultimate rate of 5% after ten years for medical insurance. Both rates included a 2.5% inflation assumption. The UAAL is being amortized on a level dollar basis over a closed period. The remaining period at January 1, 2014 is 30 years or less. Note 10—Leases As Lessee The City has entered into lease agreements for two space leases in connection with its liquor store operations. Rental expense, excluding a prorated share of real estate taxes and common area operating costs,for the year ended December 31, 2015,was approximately$227,000. The following is an annual schedule of future minimum lease payments under these leases: Year Ended Prairie Prairie December 31, Village View 2016 $ 138,454 $ 94,176 2017 142,630 94,176 2018 121,800 96,180 2019 - 96,180 $ 667,808 $ 565,056 The City has entered into a lease agreement with the Metropolitan Airports Commission for expanded athletic fields. Rental expense for the year ended December 31, 2015,was $4,057. The City will continue to pay this amount, escalating 3% per year for the remaining lease term, which expires September 1, 2016. 96 City of Eden Prairie, Minnesota Notes to Financial Statements Note 10—Leases (Continued) The City has entered into a lease agreement with CAPREF Eden Prairie LLC for office space used on the lower level of Eden Prairie Center. Rental expense for the year ended December 31, 2015 was $4,667. The City will continue to pay $4,667 per year for the remaining lease term, which expires March 31, 2019. As Lessor The City occupies approximately one-third of the City Center building. The remaining two-thirds were leased to the Eden Prairie Independent School District and SuperValu during 2015: The School District began paying base rent on 9/1/15 and the City received $119,735 of rental revenue between 9/1/15 and 12/31/15. The City will receive rent annually through 8/31/24. Annual rent will be $359,205 in 2016, 2017, and 2018; $362,284 in 2019; $371,349 in 2020; $380,415 in 2021; $390,165 in 2022; $399,915 in 2023; $270,943 in 2024. The City also received the School District's portion of Common Area Maintenance (CAM) for maintenance, insurance and taxes. SuperValu started paying a lump sum gross rent amount on 3/1/15. The City received $508,703.75 in gross rent between 3/1/15 and 12/31/15. This gross rent amount is intended to cover both base rent and CAM. The City has calculated SuperValu's 2015 CAM (based on the building's CAM budget and SuperValu's square footage) at $311,638, leaving $197,065 as Rental Revenue. The City will receive Gross Rent annually through 6/30/2021. Gross rent received will be $1,002,901 in 2016, $1,149,192 in 2017, $1,178,103 in 2018, $1,207,013 in 2019, $1,235,924 in 2020, and$621,576 in 2021. The City has entered into a lease agreement with Pure Grace for the rental of space located at the Smith Douglas More House. Rental income for the year ended December 31, 2015 was $51,292. This lease will expire on December 31, 2021. The City will receive $34,000 annually through 2021. The City will also receive additional rent if sales exceed$450,000. The City has entered into a lease agreement with Ace Daycare -- which was then transferred to Lighthouse Daycare on November 1, 2013 -- for the rental of space located at 8098 Glen Lane. Rental income for the year ended December 31, 2015 was $66,500. This lease with Lighthouse Daycare was extended until September 30, 2020. The City will receive $66,600 annually through September 30,2020. 97 City of Eden Prairie, Minnesota Notes to Financial Statements Note 10—Leases (Continued) The City has entered into a lease agreement with Nguyen Family Inc d/b/a Lotus Nails Spa for 1,402 square feet of rental of space located in the Den Road Liquor store building. Rental income for the year ended December 31, 2015 was $28,040. The City will receive rent annually through 2024. Annual rent will be $29,676 in 2016, $30,844 in 2017 and 2018, $31,078 in 2019, $32,246 from 2020 to 2023, and $26,872 in 2024. The City has entered into a lease agreement with Jeneka LLC d/b/a Encore Consignment Boutique 3,662 square feet of rental of space located in the Den Road Liquor store building.. Rental income for the year ended December 31, 2015 was $84,475. The City will receive rent annually through 2018. Annual rent will be $84,480 in 2016, and$91,236 in 2017 and 2018. The City has entered into a lease agreement with a tenant for the rental of space located at 9100 Riley Lake Road (the "Riley House"). Rental income for the year ended December 31, 2015 was $6,600. This lease expires on June 30,2016. The City will receive $3,300 through June 2016. The City has entered into a lease agreement with True Friends, a Minnesota non-profit corporation, for the use of Camp Eden Wood. Base rent received was $1 and covers the entire 20 year lease term from January 1,2015 until December 31, 2034. The City has entered into a lease agreement with Eden Prairie Historical Society for the use of Cummins-Phipps-Grill House. Base rent received is $1/year and will continue through March 31, 2020. The assets acquired for these lease agreements is as follows: 2015 2015 Governmental Liquor Activities Fund Asset: Land $ 2,628,813 $ 536,659 Building 12,995,052 1,900,408 Less: Accumulated depreciation (5,276,199) (606,463) Total $ 10,347,666 $ 1,830,604 Depreciation Expense $ 288,478 $ 37,936 98 City of Eden Prairie, Minnesota Notes to Financial Statements Note 11—Long Term Debt Bonds The City issues general obligation bonds to provide funds for the acquisition and construction of major capital facilities. General obligation bonds have been issued for both governmental and business-type activities. General obligation bonds are direct obligations and pledge the full faith and credit of the City. The City also issues assessment debt with governmental commitment to provide funds for the construction of streets and utilities. These bonds will be repaid from amounts levied against the property owners benefited by this construction. In the event that a deficiency exists because of unpaid or delinquent assessments at the time a debt service payment is due, the City must provide resources to cover the deficiency until other resources are received. Assessment debt with governmental commitment has been issued for governmental activities. The City also issues lease revenue bonds where the government pledges income derived from lease agreements to pay debt service. The City also issues tax abatement bonds. These bonds and interest thereon are payable from abatements collected from certain property in the City. If abatement revenues are insufficient to meet principal and interest due, the City is required to levy ad valorem taxes without limit as to rate or amount on all taxable property in the City to make up the deficiency. 99 City of Eden Prairie, Minnesota Notes to Financial Statements Note 11—Long Term Debt (Continued) Bonds currently outstanding (in thousands of dollars) are as follows: 2015 Interest Original Amount Maturities Rates Issue Outstanding Governmental Activity General Obligation Bonds G.O. Equip Notes of 2008A 2018 3.00-4.00% $ 3,120 $ 1,025 G.O. Equip Notes of 2009B 2018 3.00% 2,455 185 G.O. Bonds 2011 B 2016 2.50-3.00% 415 85 G.O. Refunding Bonds 2011 C 2021 1.25-2.10% 4,455 3,775 G.O. Refunding Bonds 2012A 2026 2.00-2.63% 5,110 5,080 G.O. Refunding Bonds 2012B 2027 2.00-2.50% 3,170 3,170 Lease Revenue Bonds Public Facility Bonds of 2007A 2028 3.60-4.50% 1,630 1,220 Assess Debt With Govt Commit G.O. Revolving Bonds of 2008B 2023 3.50-4.50% 1,845 1,110 G.O. Revolving Bonds of 2010A 2025 2.00-4.00% 1,190 845 G.O. Revolving Bonds of 2011D 2025 2.00-2.63% 1,805 1,645 G.O. Revolving Bonds of 2012C 2021 2.00% 10,250 8,375 Tax Abatement Bonds G.O. Tax Abatement Bonds 2014A 2035 2.00-3.75% 17,155 17,155 Total Governmental Activity 52,600 43,670 Business Type Activitiy G.O. Water& Sewer Bonds 2011A 2020 .50-3.80% 1,260 665 G.O. Bonds 2011B 2020 2.50-3.00% 3,320 1,720 Total Business Type Activity 4,580 2,385 Capital Lease 2016 2.56% 220 45 Total $ 57,400 $ 46,100 100 City of Eden Prairie, Minnesota Notes to Financial Statements Note 11-Long Term Debt (Continued) Annual debt service requirements to maturity for governmental activity bonds (in thousands of dollars) are as follows: Assessment Debt with Govt Years Commitment Ending G.O.Bonds Lease Revenue Bonds Improv Bonds Tax Abatement Bonds Total 12/31 Principal Interest Principal Interest Principal Interest Principal Interest Principal Interest 2016 $ 1,430 $ 279 $ 75 $ 53 $ 1,865 $ 267 $ - $ 549 $ 3,370 $ 1,148 2017 1,360 248 80 50 1,845 226 350 545 3,635 1,069 2018 1,410 217 80 46 1,820 187 460 537 3,770 987 2019 1,005 191 85 42 1,805 146 445 526 3,340 905 2020 1,030 172 85 39 1,630 108 900 506 3,645 825 2021 1,050 152 90 35 1,615 71 910 479 3,665 737 2022 1,100 129 95 31 415 46 925 451 2,535 657 2023 1,135 106 100 26 425 32 920 423 2,580 587 2024 1,150 80 100 22 275 17 930 396 2,455 515 2025 1,165 52 100 17 280 9 815 369 2,360 447 2026 1,205 22 110 12 - - 850 344 2,165 378 2027 280 4 110 7 - - 865 319 1,255 330 2028 - - 110 3 - - 885 292 995 295 2029 - - - - - - 1,210 261 1,210 261 2030 - - - - - - 1,025 225 1,025 225 2031 - - - - - - 1,060 188 1,060 188 2032 - - - - - - 1,100 151 1,100 151 2033 - - - - - - 1,130 110 1,130 110 2034 - - - - - - 1,165 67 1,165 67 2035 - - - - - - 1,210 23 1,210 23 Total $ 13,320 $ 1,652 $ 1,220 $ 383 $ 11,975 $ 1,109 $ 17,155 $ 6,761 $ 43,670 $ 9,905 101 City of Eden Prairie, Minnesota Notes to Financial Statements Note 11—Long Term Debt (Continued) Annual debt service requirements to maturity for business-type activity bonds (in thousands of dollars) are as follows: Years Ending Revenue Bonds 12/31 Principal Interest Total 2016 $ 455 $ 73 $ 528 2017 465 60 525 2018 475 46 521 2019 485 32 517 2020 505 16 521 Total $ 2,385 $ 227 $ 2,612 Capital Lease In 2012, the City entered into a new lease for financing the purchase of turn out gear for the Fire department. The lease agreement qualifies as a capital lease for accounting purposes and, therefore, has been recorded at the present value of their future minimum lease payments as of the inception date. This equipment was not capitalized by the City. The future minimum lease obligations and the net present value of these minimum lease payments as of December 31, 2015,were as follows: Year Ended December 31, 2016 $ 46,544 Net Minimum Lease Payments 46,544 Less Amount Representing Interest 1,175 Present Value of Net Minimum Lease Payments $ 45,369 102 City of Eden Prairie, Minnesota Notes to Financial Statements Note 11-Long Term Debt (Continued) Changes in Long Term Debt Long-term debt activity for the year ended December 31, 2015, (in thousands of dollars) was as follows: Due Beginning Ending Within Balance Additions Reductions Balance One Year Governmental Activity G.O. Bonds $ 17,695 $ - $ 4,375 $ 13,320 $ 1,430 Lease Revenue Bonds 1,290 - 70 1,220 75 Assess. Debt With Govt Commit Improvement Bonds 14,460 - 2,485 11,975 1,865 Tax Abatement Bonds 17,155 - - 17,155 - Issuance Premium/Discount 1,030 - 116 914 - Total Bonds 51,630 - 7,046 44,584 3,370 Compensated Absences 1,881 1,815 1,821 1,875 917 Capital Lease 90 - 45 45 45 Total $ 53,601 $ 1,815 $ 8,912 $46,504 $ 4,332 Business Type Activity Revenue Bonds $ 2,830 $ - $ 445 $ 2,385 $ 455 Issuance Premium/Discount 98 - 17 81 - Total Bonds 2,928 - 462 2,466 455 Compensated Absences 257 277 250 284 139 Total $ 3,185 $ 277 $ 712 $ 2,750 $ 594 For the governmental activities, the capital lease is generally paid with unassigned fund balances within the General fund. Compensated absences will be paid out of the Internal Service fund. There are a number of limitations and restrictions contained in the various bond indentures. The City is in compliance with all significant limitations and restrictions. Call provisions are applicable to certain general obligation and special assessment bond issues. 103 City of Eden Prairie, Minnesota Notes to Financial Statements Note 11—Long Term Debt (Continued) Changes in Long Term Debt During 2012 the City issued $3,170,000 G.O. Refunding Bonds 2012B to provide for the redemption of the G.O. Bonds 2006B. The refunding reduced total debt payment by $304,967 and resulted in an economic gain of$257,382. The proceeds of the crossover refunding were placed in an irrevocable escrow account and were used to purchase U.S. government securities. The escrow account investments will provide the resources to cover principal and interest payments on the refunding bonds until the crossover date. The refunding bonds cross over on the dates the refunded bonds are callable. Until the crossover dates, both the refunded and refunding bonds will be reported in the financial statements. $3,000,000 of principal was refunded in 2015. Note 12—Risk Financing and Related Insurance Issues The City is exposed to various risk of loss related to torts; thefts of, damage to and destruction of assets; errors and omissions; injuries to employees; and natural disasters. In order to protect against these risks of loss, the City purchases commercial insurance through the League of Minnesota Cities Insurance Trust, a public entity risk pool, for property insurance and workers compensation. This pool currently operates as a common risk management and insurance program for municipal entities. The City pays an annual premium to the League for its insurance coverage. The League of Minnesota Cities Insurance Trust is self-sustaining through commercial companies for excess claims. The City is covered through the pool for any claims incurred but unreported, however, retains risk for the deductible portion of its insurance policies. The amount of these deductibles is considered immaterial to the financial statements. During the year ended December 31, 2015, these were no significant reductions in insurance coverage from the prior year. Settled claims have not exceeded the City's commercial coverage in any of the past three years. 104 City of Eden Prairie, Minnesota Notes to Financial Statements Note 13—Contingencies The City has been named in various legal actions. At the present time, there is no significant litigation pending that would cause a material effect on the financial statements if unfavorable rulings would result. While it is not possible to provide any probability of success or estimate of potential loss in defending any of these legal actions, the City expects to contest the allegations vigorously and does not believe these actions will have a material effect on the financial statements. A potential claim may be asserted against the City arising out of its membership in the Western Area Firing Training Academy (WAFTA). WAFTA is a joint powers entity consisting of 11 member cities that was formed in 1974 to purchase property to be used and operated as a fire training facility. In the late 1980's, WAFTA became aware that the site was contaminated. Since that time, WAFTA has been working with the Minnesota Pollution Control Agency (MPCA) and other responsible parties to address the contamination issues on the site. At this time, there is not an estimated dollar amount of the cost to remediate the site nor has a claim been asserted against WAFTA or the City. Note 14—Contract Commitments At December 31, 2015, the City had commitments on various construction projects. These commitments totaled approximately$2,483,090. Note 15—Conduit Debt Obligations From time to time, the City has issued Industrial Revenue and Housing bonds to provide financial assistance to private-sector entities for the acquisition and construction of industrial and commercial facilities deemed to be in the public interest. The bonds are secured by the property financed and are payable solely from payments received on the underlying mortgage loans. Upon repayment of the bonds, ownership of the acquired facilities transfers to the private-sector entity served by the bond issuance. Neither the City, the State, nor any political subdivision thereof is obligated in any manner for repayment of the bonds. Accordingly, the bonds are not reported as liabilities in the accompanying financial statements. As of December 31, 2015, there were 10 series of Industrial Revenue Bonds outstanding,with outstanding balances of$74,532,461. 105 City of Eden Prairie, Minnesota Notes to Financial Statements Note 16—Fund Balance Classification At December 31,2015, a summary of the governmental fund balance classifications are as follows: Capital Public Shady Oak Shady Oak Aquatics Eden Other Improvement Improvement Road Road &Fitness Prairie Govt General Maintenance Construction North South Expansion Road Funds Total Nonspendable: Prepaid Items $ 22,947 $ - $ - $ - $ - $ - $ - $ 2,034 $ 24,981 Cemetery Perpetual Care - - - - - - - 142,049 142,049 Advances to Other Funds - 1,257,364 - - - - - - 1,257,364 Land Held for Resale - - - - - - - 537,181 537,181 Total Nonspendable 22,947 1,257,364 - - - - - 681,264 1,961,575 Restricted for: Debt Service - - - - - - - 2,968,950 2,968,950 Special Assessments - - - - - - - 437,847 437,847 Grants - - - - 3,084,357 - - - 3,084,357 Franchise Fee - - - - - - - 502,401 502,401 Cemetary - - - - - - - 141,212 141,212 Recycling - - - - - - - 14,687 14,687 E-911 - - - - - - - 52,108 52,108 Park Dedication Fees - - - - - - - 466,232 466,232 Historical and Cultural - - - - - - - 8,414 8,414 Tax Increment - - - - - - - 3,215,406 3,215,406 - - - - 3,084,357 - - 7,807,257 10,891,614 Assigned to: Capital Projects - 11,089,664 - - - - - 401,157 11,490,821 Improvement Projects - - - - 2,066,844 201,671 - 9,175,845 11,444,360 Total Assigned - 11,089,664 - - 2,066,844 201,671 - 9,577,002 22,935,181 Unassigned: Budget Stabilization 6,482,372 - - - - - - - 6,482,372 Working Capital 16,276,650 - - - - - - - 16,276,650 Unassigned 100,788 - (2,455,907) (578,359) - - (2,003,022) (1,535,681) (6,472,181) Total Unassigned 22,859,810 - (2,455,907) (578,359) - - (2,003,022) (1,535,681) 16,286,841 Total Fund Balance $22,882,757 $12,347,028 $(2,455,907) $ (578,359) $5,151,201 $ 201,671 $(2,003,022) $16,529,842 $52,075,211 106 City of Eden Prairie, Minnesota Notes to Financial Statements Note 17—Prior Period Adjustment During fiscal year ended December 31, 2015, the City adopted GASB Statement No. 68, Accounting and Financial Reporting for Pensions and the related Statement No. 71. As a result, the City's net position as of December 31, 2014 has been restated to reflect the recognition of the City's proportionate share of the Public Employees' Retirement Association of Minnesota General Employees' Retirement Fund's (GERF) and Public Employees' Police and Fire Fund's (PEPFF) net pension liability and related deferred inflows and outflows of resources as well as the Eden Prairie Firefighter's Relief Association's net pension asset and related deferred inflows and outflows of resources. Governmental Business-Type Activities Activities Net Position,December 31,2014,as Previously Reported $ 256,090,701 $ 145,582,830 Cumulative Affect of Application of GASB 68,Net Pension Liability (18,783,383) (2,506,462) Cumulative Affect of Application of GASB 68,Net Pension Asset 1,257,388 - Cumulative Affect of Application of GASB 71,Deferred Outflow of Resources for District Contributions Made to the Plan During Fiscal Year Ending December 31,2014 1,473,003 104,078 Net Position,December 31,2014,as Restated $ 240,037,709 $ 143,180,446 107 108 City of Eden Prairie, Minnesota Required Supplemental Information Modified Approach for Infrastructure Assets Condition Rating of the City's Street System: Average PCI 2013 78.80% 2010 81.10% 2007 81.30% 2004 80.40% 2001 80.50% Comparison of Needed-to-Actual Maintenance/Preservation: 2015 2014 2013 2012 2011 Budget $2,759,586 $2,769,586 $2,767,000 $2,397,000 $2,304,079 Actual 2,451,829 2,234,331 2,263,758 2,172,757 1,711,894 Difference $ (307,757) $ (535,255) $ (503,242) $ (224,243) $ (592,185) The condition of road pavement is measured using Good Pointe's Icon pavement management system. Each of the pavements in the City of Eden Prairie was visually inspected using the Paver-based Pavement Condition Index (PCI) methodology. The methodology is based on a numeric rating system ranging from 100 for a newly surfaced pavement to 0 for a failed pavement. The condition index is used to classify roads in excellent condition (85-100), very good condition (70-84), good condition (55-69), fair condition (40-54), poor condition (25-39), very poor condition (10-24) and failed condition (0-9). It is the City's policy to maintain an average PCI of 60 percent. 109 City of Eden Prairie, Minnesota Required Supplemental Information Other Post-Employment Benefits Plan Schedule of Funding Progress Unfunded Unfunded Actuarial Actuarial Actuarial Actuarial Liability Fiscal Valuation Accrued Value of Accrued Funded Covered as a % of Year Ended Date Liability Plan Assets Liability Ratio Payroll Payroll 12/31/08 1/1/08 $ 1,781,809 $ - $ 1,781,809 0.0% $ 16,945,552 10.5% 12/31/09 1/1/08 1,781,809 - 1,781,809 0.0% 16,945,552 10.5% 12/31/10 1/1/10 2,438,910 - 2,438,910 0.0% 17,127,274 14.2% 12/31/11 1/1/10 2,438,910 - 2,438,910 0.0% 17,127,274 14.2% 12/31/12 1/1/12 2,814,481 - 2,814,481 0.0% 17,746,102 15.9% 12/31/13 1/1/12 2,814,481 - 2,814,481 0.0% 17,746,102 15.9% 12/31/14 1/1/14 3,121,974 - 3,121,974 0.0% 18,585,719 16.8% 12/31/15 1/1/14 3,121,974 - 3,121,974 0.0% 18,585,720 16.8% 110 City of Eden Prairie, Minnesota Required Supplemental Information Schedule of Proportionate Share of Net Pension Liability Public Employees General Employees Retirement Fund Last Ten Years* Employer's Employer's Proportionate Share Employer's Proportionate of the Net Pension Plan Fiduciary Proportion Share (Amount) Employer's Liability(Asset)as a Net Position as a (Percentage) of the of the Net Covered Percentage of its Percentage of Fiscal Year Net Pension Liability Pension Liability Payroll** Covered Payroll the Total Ending (Asset) (Asset) (a) (b) (a/b) Pension Liability June 30, 2015 0.2525% $13,085,860 $14,836,066 88.20% 78.2% *This schedule is provided prospectively beginning with the fiscal year ended December 31, 2015. **For purposes of this schedule, covered payroll is defined as "pensionable wages." 111 City of Eden Prairie, Minnesota Required Supplemental Information Schedule of Proportionate Share of Net Pension Liability Public Employees Police and Fire Fund Last Ten Years Employer's Employer's Proportionate Share Employer's Proportionate of the Net Pension Plan Fiduciary Proportion Share(Amount) Employer's Liability(Asset)as a Net Position as a (Percentage)of the of the Net Covered Percentage of its Percentage of Fiscal Year Net Pension Liability Pension Liability Payroll** Covered Payroll the Total Ending _ (Asset) (Asset)(a) (b) (a/b) _ Pension Liability June 30, 2015 0.7770% $8,828,538 $7,116,963 124.05% 86.6% *This schedule is provided prospectively beginning with the fiscal year ended December 31, 2015. **For purposes of this schedule, covered payroll is defined as "pensionable wages." 112 City of Eden Prairie, Minnesota Required Supplemental Information Schedule of Proportionate Share of Net Pension Liability Eden Prairie Fire Relief 2014 Total Pension Asset Service Cost $ 413,646 Interest 1,083,202 Differences Between Expected and Actual Experience - Changes of Assumptions - Changes of Benefit Terms - Benefit Payments, Including Member Contribution Refunds (1,027,216) Other Changes Net Change in Total Pension Liability 469,632 Total Pension Liability- Beginning 18,577,319 Total Pension Liability- Ending (a) 19,046,951 Plan Fiduciary Net Position Municipal Contributions 488,073 State Contributions 414,343 Net Investment Income 646,363 Benefit Payments (1,027,216) Administrative Expenses (37,158) Other Changes 81,893 Net Change in Fiduciary Net Position 566,298 Fiduciary Net Position - Beginning 19,834,707 Fiduciary Net Position - Ending (b) 20,401,005 Association's Net Pension Liability/(Asset) - Ending (a) - (b) $ (1,354,054) Fiduciary Net Position as a Percentage of the Total Pension Liability 107.11% Covered-Employee Payroll N/A Net Pension Liability/(Asset) as a Percentage of Covered-Employee Payroll N/A 113 City of Eden Prairie, Minnesota Required Supplemental Information Schedule of Contributions Public Employees General Employees Retirement Fund Last Ten Years* Contributions in Relation to Contributions Statutorily the Statutorily Contribution as a Required Required Deficiency Covered Percentage of Contributions Contributions (Excess) Payroll** Covered Year Ending (a) (b) (a-b) (d) Payroll (b/d) December 31, 2015 $1,164,110 $1,164,110 $0 $15,528,311 7.50% * This schedule is provided prospectively beginning with the fiscal year ended December 31, 2015. **For purposes of this schedule, covered payroll is defined as "pensionable wages." 114 City of Eden Prairie, Minnesota Required Supplemental Information Schedule of Contributions Public Employees Police and Fire Fund Last Ten Years* Contributions in Relation to Contributions Statutorily the Statutorily Contribution as a Required Required Deficiency Covered Percentage of Contributions Contributions (Excess) Payroll** Covered Year Ending (a) (b) (a-b) (d) Payroll (b/d) December 31, 2015 $1,215,450 $1,215,450 $0 $7,509,128 16.2% * This schedule is provided prospectively beginning with the fiscal year ended December 31, 2015. **For purposes of this schedule, covered payroll is defined as "pensionable wages." 115 City of Eden Prairie, Minnesota Required Supplemental Information Schedule of Contributions Eden Prairie Fire Relief Last Eight Years 2015 2014 2013 2012 Statutorily Required Contribution $ 398,395 $ 488,073 $ 582,972 $ 625,910 Contributions in Relation to the Statutorily Required Contribution (393,065) (488,073) (582,972) (625,910) Contribution Deficiency(Excess) $ 5,330 $ - $ - $ - 2011 2010 2009 2008 Statutorily Required Contribution $ 830,077 $1,129,002 $ 270,566 $ 218,982 Contributions in Relation to the Statutorily Required Contribution (830,077) (1,129,002) (462,805) (411,221) Contribution Deficiency(Excess) $ - $ - $ (192,239) $ (192,239) 116 117 City of Eden Prairie, Minnesota Nonmajor Governmental Funds Special Revenue Funds Special revenue funds are used to account for and report the proceeds of specific revenue sources that are restricted or committed to expenditures for specified purposes other than debt service or capital projects. Housing Redevelopment Authority (HRA Grant) - This fund accounts for monies received under Title I of the Housing and Community Development Act of 1974 and other related housing activities. Pleasant Hills Cemetery - This fund accounts for the current operations of the City cemetery including maintenance costs and lot sales. Recycling - This fund accounts for monies received from Hennepin County's household waste rebate programs. All dollars received are to be refunded to eligible households within Eden Prairie. Historical and Cultural - This fund accumulates revenue from the sale of a book on Eden Prairie's 100- year history. The book was donated to the City by the Eden Prairie Historical Society, with revenues earmarked for expenditure on the preservation of the history of Eden Prairie. 118 City of Eden Prairie, Minnesota Nonmajor Governmental Funds Debt Service Funds Debt service funds are used to account for all financial resources that are restricted, committed, or assigned to expenditures for principal and interest. General Obligation Improvement Revolving 2005A - This fund is used to account for the accumulation of tax revenues needed to repay bonds issued to pay the construction projects for the ADC project. General Obligation Bonds 2006B - This fund is used to account for the accumulation of tax revenues needed to repay bonds issued to pay the construction projects for the new Fire station. 3rd Rink Lease Revenue Bonds 2007A - This fund is used to account for the accumulation of tax revenues needed to repay bonds issued to pay the construction projects for the 3rd Sheet of Ice at the community center. Capital Equipment Notes 2008A - This fund is used to account for the accumulation of tax revenues needed to repay certificates issued to finance the 20/40/15 project, regional radio conversion project and two fire trucks. General Obligation Bonds 2008B - This fund is used to account for the accumulation of resources needed to repay bonds issued to finance the construction of streets, lateral utilities, and drainage for the Flying Cloud Drive construction project. The primary sources of repayment on these bonds are special assessments levied on benefited properties. Capital Equipment Notes 2009B - This fund is used to account for the accumulation of tax revenues needed to repay certificates issued to finance the 20/40/15 project and the regional radio conversion project. General Obligation Improvement Bonds 2010A - This fund is used to account for the accumulation of tax revenues needed to repay bonds issued to pay the construction costs for the Singletree Lane project. General Obligation Improvement Bonds 2011B - This fund is used to account for the accumulation of tax revenues needed to repay bonds issued to finance the Self Contained Breathing Apparatus Gear for the fire department. 119 City of Eden Prairie, Minnesota Nonmajor Governmental Funds Debt Service Funds (Continued) General Obligation Refunding 2011C - This fund accounts for the refunding of the G.O. Park Referendum Bonds which accounted for the accumulation of tax revenues needed to repay bonds issued to finance construction projects for various trails,park improvements and the community center. General Obligation Refunding 2011D - This fund accounts for the refunding of the G.O. Improvement Revolving Bonds which accounted for the accumulation of tax revenues needed to repay bonds issued to finance the construction at 212 and Charleston Road. General Obligation Refunding 2012A - This fund accounts for the refunding of the G.O. Bonds 2005C which accounted for the accumulation of tax revenues needed to repay bonds issued to finance construction projects for various trails,park improvements and the community center. General Obligation Refunding 2012B - This fund accounts for the refunding of the G.O. Bonds 2006B which accounted for the accumulation of tax revenues needed to repay bonds issued to finance construction projects for the new fire station. General Obligation Improvement Bonds 2012C- This fund is used to account for the accumulation of special assessments needed to repay bonds issued to finance the Shady Oak Road North project. General Obligation Tax Abatement 2014A - This fund accounts for the accumulation of tax revenues needed to repay bonds issued to finance construction of the Aquatics &Fitness Expansion. 120 City of Eden Prairie, Minnesota Nonmajor Governmental Funds Capital Project Funds Capital projects funds are used to account for all financial resources that are restricted, committed, or assigned to expenditures for capital outlay. Police - This fund accounts for all confiscated money, and / or property obtained through drug-related criminal arrests and compliance fines. The funds are earmarked for expenditures on law enforcement operations. E-911 - This fund accounts for monies received from the State of Minnesota to be used for the E-911 emergency system. Senior Board - This fund was established to account for monies received for Senior Awareness Week. Park Improvement - This fund accounts for the park dedication fees, grants, and other contributions earmarked for expenditure on park acquisition and development. CIP Trails - This fund accounts for the accumulation of resources to be used for capital improvements and maintenance of City trails. CIP Pavement Management - This fund accounts for the accumulation of resources to be used for capital improvements and maintenance of City streets. Economic Development - This fund accounts for money set aside to assist in the redevelopment of the City. Project - This fund accounts for tax increment revenue set aside to assist in the redevelopment of the City. HRA - This fund accounts for the accumulation of resources to be used for economic development projects. Flying Cloud Drive - This fund accounts for proceeds of bonds sold to finance the construction of a three lane road from south of Shady Oak Road to the south end of the Liberty Plaza campus. Transportation - This fund accounts for proceeds of state aid. This revenue is used to finance street improvements. 121 City of Eden Prairie, Minnesota Nonmajor Governmental Funds Capital Project Funds (Continued) Cable PEG (Public, Educational, and Government) - This fund accounts for the revenues collected from Comcast. These funds will be used for the production of PEG Access programming. Eden Prairie Rd Connect to Flying Cloud - This fund accounts for the accumulation of resources to be used for the construction of road from Frederick Place to north of Riley Creek. Homeowners Improvements Area - This fund accounts for the accumulation of resources to be used for Housing Improvements to the Fairway Woods II Condominiums. West 70th Street Extension - This fund accounts for the accumulation of resources to be used for the extension of West 70th from its existing cul-de-sac to Flying Cloud Drive. TC Station / NS Road - This fund accounts for the accumulation of resources to be used for the completion of the Town Center Station and Urban Grid roadway system. General LRT - This fund accounts for the accumulation of resources to be used for the upgrade/betterments of amenities within Eden Prairie beyond the base project. 122 City of Eden Prairie, Minnesota Nonmajor Governmental Funds Permanent Funds Permanent funds are used to account for resources that are restricted to the extent that only earnings, and not principal, may be used for purposes that support the City's programs that is, for the benefit of the City or its citizens. Cemetery Perpetual Care - This fund was established to account for funds dedicated for cemetery maintenance in accordance with state statutes. Historical and Cultural - This fund accumulates revenue from the sale of a book on Eden Prairie's 100- year history. The book was donated to the City by the Eden Prairie Historical Society, with revenues earmarked for expenditure on the preservation of the history of Eden Prairie. This fund was reclassed to a Special Revenue Fund in 2015. 123 City of Eden Prairie,Minnesota Combining Balance Sheet Nonmajor Governmental Funds Page 1 of 9 December 31,2015 Special Revenue Pleasant Historical HRA Hills and Grant Cemetery Recycling Cultural Total ASSETS Cash and Investments $ 12,860 $ 19,480 $ 17,569 $ 8,402 $ 58,311 Receivables Accounts 10,000 - - - 10,000 Interest - 21 - 12 33 Due from Other Governments 27,434 - - - 27,434 Unremitted Special Assessments - - - - - Delinquent Special Assessments - - - - - Deferred Special Assessments - - - - - Special Deferred Special Assessments - - - - - Due from Other Funds - - - - - Prepaid Items 130 - - - 130 Land Held for Resale - - - - - Notes Receivable - - - - - Loan Receivable - - - - - Cash and Investments with Escrow Agent - - - - - Total Assets $ 50,424 $ 19,501 $ 17,569 $ 8,414 $ 95,908 LIABILITIES Accounts and Contracts Payable $ 47,165 $ 216 $ 2,882 $ - $ 50,263 Salaries Payable 489 - - - 489 Investment Interest Payable - - - - - Due to Other Governments 2,770 - - - 2,770 Due to Other Funds - - - - - Unearned Revenue - - - - - Total Liabilities 50,424 216 2,882 - 53,522 DEFERRED INFLOWS OF RESOURCES Unavailable Revenue-Revolving Loan - - - - - Unavailable Revenue-Special Assessments - - - - - Total Deferred Inflows of Resources - - - - - FUND BALANCES Nonspendable 130 - - - 130 Restricted - 19,285 14,687 8,414 42,386 Assigned - - - - - Unassigned (130) - - - (130) Total Fund Balance - 19,285 14,687 8,414 42,386 Total Liabilities,Deferred Inflows of Resources,and Fund Balances $ 50,424 $ 19,501 $ 17,569 $ 8,414 $ 95,908 124 City of Eden Prairie,Minnesota Combining Balance Sheet Nonmajor Governmental Funds Page 2 of 9 December 31,2015 Debt Service General 3rd Rink Obligation General Lease Capital General Improv. Obligation Revenue Equip Obligation Revolving Bonds Bonds Notes Bonds 2005A 2006B 2007A 2008A 2008B ASSETS Cash and Investments $ - $ - $ - $ 163,478 $ 687 Receivables Accounts - - - - - Interest - - - 96 - Due from Other Governments - - - - - Unremitted Special Assessments - - - - - Delinquent Special Assessments - - - - - Deferred Special Assessments - - - - - Special Deferred Special Assessments - - - - - Due from Other Funds - - - 871 - Prepaid Items - - - - - Land Held for Resale - - - - - Notes Receivable - - - - - Loan Receivable - - - - - Cash and Investments with Escrow Agent - - 102,188 - - Total Assets $ - $ - $ 102,188 $ 164,445 $ 687 LIABILITIES Accounts and Contracts Payable $ - $ - $ 186 $ 186 $ 186 Salaries Payable - - - - - Investment Interest Payable - - 17 - 20 Due to Other Governments - - - 873 - Due to Other Funds - - 871 - - Unearned Revenue - - - - - Total Liabilities - - 1,074 1,059 206 DEFERRED INFLOWS OF RESOURCES Unavailable Revenue-Revolving Loan - - - - - Unavailable Revenue-Special Assessments - - - - - Total Deferred Inflows of Resources - - - - - FUND BALANCES Nonspendable - - - - - Restricted - - 101,114 163,386 481 Assigned - - - - - Unassigned - - - - - Total Fund Balance - - 101,114 163,386 481 Total Liabilities,Deferred Inflows of Resources,and Fund Balances $ - $ - $ 102,188 $ 164,445 $ 687 125 City of Eden Prairie,Minnesota Combining Balance Sheet Nonmajor Governmental Funds Page 3 of 9 December 31,2015 Debt Service General General General Capital Obligation General Obligation Obligation Equip Improvement Obligation Refunding Refunding Notes Bonds Bonds Bonds Bonds 2009B 2010A 2011B 2011C 2011D ASSETS Cash and Investments $ 85,513 $ 116,818 $ 39,046 $ 979,191 $ 282,956 Receivables Accounts - - - - - Interest 142 176 82 726 378 Due from Other Governments - - - - - Unremitted Special Assessments - - - - - Delinquent Special Assessments - - - - 465 Deferred Special Assessments - 754,726 - - 1,595,120 Special Deferred Special Assessments - - - - 120,761 Due from Other Funds - - - - - Prepaid Items - 400 - 525 - Land Held for Resale - - - - - Notes Receivable - - - - - Loan Receivable - - - - - Cash and Investments with Escrow Agent - - - - - Total Assets $ 85,655 $ 872,120 $ 39,128 $ 980,442 $ 1,999,680 LIABILITIES Accounts and Contracts Payable $ 186 $ 186 $ 186 $ 186 $ 186 Salaries Payable - - - - - Investment Interest Payable - - - - - Due to Other Governments 166 - 212 255 - Due to Other Funds - - - - - Unearned Revenue - - - - - Total Liabilities 352 186 398 441 186 DEFERRED INFLOWS OF RESOURCES Unavailable Revenue-Revolving Loan - - - - - Unavailable Revenue-Special Assessments - 754,726 - - 1,716,346 Total Deferred Inflows of Resources - 754,726 - - 1,716,346 FUND BALANCES Nonspendable - 400 - 525 - Restricted 85,303 116,808 38,730 979,476 283,148 Assigned - - - - - Unassigned - - - - - Total Fund Balance 85,303 117,208 38,730 980,001 283,148 Total Liabilities,Deferred Inflows of Resources,and Fund Balances $ 85,655 $ 872,120 $ 39,128 $ 980,442 $ 1,999,680 126 City of Eden Prairie,Minnesota Combining Balance Sheet Nonmajor Governmental Funds Page 4 of 9 December 31,2015 Debt Service General General General General Obligation Obligation Obligation Obligation Refunding Refunding Improvement Tax Abatement Bonds Bonds Bonds Bonds 2012A 2012B 2012C 2014A Total ASSETS Cash and Investments $ 414,592 $ 439,927 $ 38,221 $ 312,472 $ 2,872,901 Receivables Accounts - - - - - Interest 500 356 - 116 2,572 Due from Other Governments - - - - - Unremitted Special Assessments - - - - - Delinquent Special Assessments - - - - 465 Deferred Special Assessments - - - - 2,349,846 Special Deferred Special Assessments - - - - 120,761 Due from Other Funds - - - - 871 Prepaid Items - - - - 925 Land Held for Resale - - - - - Notes Receivable - - - - - Loan Receivable - - - - - Cash and Investments with Escrow Agent - - - - 102,188 Total Assets $ 415,092 $ 440,283 $ 38,221 $ 312,588 $ 5,450,529 LIABILITIES Accounts and Contracts Payable $ 186 $ 186 $ 186 $ 186 $ 2,232 Salaries Payable - - - - - Investment Interest Payable - - 2,818 - 2,855 Due to Other Governments 51 707 - 1,360 3,624 Due to Other Funds - - - - 871 Unearned Revenue - - - - - Total Liabilities 237 893 3,004 1,546 9,582 DEFERRED INFLOWS OF RESOURCES Unavailable Revenue-Revolving Loan - - - - - Unavailable Revenue-Special Assessments - - - - 2,471,072 Total Deferred Inflows of Resources - - - - 2,471,072 FUND BALANCES Nonspendable - - - - 925 Restricted 414,855 439,390 35,217 311,042 2,968,950 Assigned - - - - - Unassigned - - - - - Total Fund Balance 414,855 439,390 35,217 311,042 2,969,875 Total Liabilities,Deferred Inflows of Resources,and Fund Balances $ 415,092 $ 440,283 $ 38,221 $ 312,588 $ 5,450,529 127 City of Eden Prairie,Minnesota Combining Balance Sheet Nonmajor Governmental Funds Page 5 of 9 December 31,2015 Capital Projects Senior Park CIP Police E-911 Board Improvement Trails ASSETS Cash and Investments $ 53,392 $ 289,849 $ 15,136 $ 2,781,569 $ 30,963 Receivables Accounts - - - - - Interest 133 411 24 3,707 - Due from Other Governments - 6,826 - - - Unremitted Special Assessments - - - - - Delinquent Special Assessments - - - - - Deferred Special Assessments - - - - 165,000 Special Deferred Special Assessments - - - - - Due from Other Funds - - - - - Prepaid Items - - - - - Land Held for Resale - - - 181 - Notes Receivable - - - - - Loan Receivable - - - - - Cash and Investments with Escrow Agent - - - - - Total Assets $ 53,525 $ 297,086 $ 15,160 $ 2,785,457 $ 195,963 LIABILITIES Accounts and Contracts Payable $ 8,674 $ 166,900 $ 78 $ 4,424 $ - Salaries Payable 502 - - - - Investment Interest Payable - - - - 355 Due to Other Governments - - - 181 - Due to Other Funds - - - - - Unearned Revenue - - - 242,863 - Total Liabilities 9,176 166,900 78 247,468 355 DEFERRED INFLOWS OF RESOURCES Unavailable Revenue-Revolving Loan - - - - - Unavailable Revenue-Special Assessments - - - - 165,000 Total Deferred Inflows of Resources - - - - 165,000 FUND BALANCES Nonspendable - - - 181 - Restricted - 52,108 - 466,232 18,526 Assigned 44,349 78,078 15,082 2,071,576 12,082 Unassigned - - - - - Total Fund Balance 44,349 130,186 15,082 2,537,989 30,608 Total Liabilities,Deferred Inflows of Resources,and Fund Balances $ 53,525 $ 297,086 $ 15,160 $ 2,785,457 $ 195,963 128 City of Eden Prairie,Minnesota Combining Balance Sheet Nonmajor Governmental Funds Page 6 of 9 December 31,2015 Capital Projects CIP Economic Pavement Development Project Flying Cloud Management Fund Fund HRA Drive ASSETS Cash and Investments $ 140,855 $ 4,593,539 $ 3,113,597 $ 266,674 $ 474,789 Receivables Accounts 563,732 - - - - Interest 1,136 6,582 7,652 325 873 Due from Other Governments - - - - - Unremitted Special Assessments - - - - - Delinquent Special Assessments - - - - - Deferred Special Assessments - - - - 880,000 Special Deferred Special Assessments - - - - - Due from Other Funds - - 1,413,910 - - Prepaid Items - - - - - Land Held for Resale - 537,000 - - - Notes Receivable - - 243,739 - - Loan Receivable - - 178,729 - - Cash and Investments with Escrow Agent - - - - - Total Assets $ 705,723 $ 5,137,121 $ 4,957,627 $ 266,999 $ 1,355,662 LIABILITIES Accounts and Contracts Payable $ - $ 750 $ 158 $ - $ 186 Salaries Payable - - - 2,425 - Investment Interest Payable - - - - - Due to Other Governments - - 10,103 1,501 241 Due to Other Funds - - - - - Unearned Revenue - - - - - Total Liabilities - 750 10,261 3,926 427 DEFERRED INFLOWS OF RESOURCES Unavailable Revenue-Revolving Loan - - 178,729 - - Unavailable Revenue-Special Assessments - - - - 880,000 Total Deferred Inflows of Resources - - 178,729 - 880,000 FUND BALANCES Nonspendable - 537,000 - - - Restricted 401,875 - 3,215,406 - 419,321 Assigned 303,848 4,599,371 1,553,231 263,073 55,914 Unassigned - - - - - Total Fund Balance 705,723 5,136,371 4,768,637 263,073 475,235 Total Liabilities,Deferred Inflows of Resources,and Fund Balances $ 705,723 $ 5,137,121 $ 4,957,627 $ 266,999 $ 1,355,662 129 City of Eden Prairie,Minnesota Combining Balance Sheet Nonmajor Governmental Funds Page 7 of 9 December 31,2015 Capital Projects Eden Prairie Rd Connect to Homeowners West 70th Cable Flying Improvements Street Transportation PEG Cloud Area Extension ASSETS Cash and Investments $ 574,314 $ 87,249 $ - $ - $ - Receivables Accounts - 25,727 - - - Interest 775 73 - - - Due from Other Governments 4,734 - - - 200,000 Unremitted Special Assessments - - - 88 - Delinquent Special Assessments - - - 433 - Deferred Special Assessments - - - 83,915 - Special Deferred Special Assessments - - - - - Due from Other Funds - - - - - Prepaid Items - 979 - - - Land Held for Resale - - - - - Notes Receivable - - - - - Loan Receivable - - - - - Cash and Investments with Escrow Agent - - - - - Total Assets $ 579,823 $ 114,028 $ - $ 84,436 $ 200,000 LIABILITIES Accounts and Contracts Payable $ - $ 11,948 $ - $ - $ 268,863 Salaries Payable - - - - - Investment Interest Payable - - 101 123 439 Due to Other Governments - - - - - Due to Other Funds - - 92,190 74,250 1,156,205 Unearned Revenue - - - - - Total Liabilities - 11,948 92,291 74,373 1,425,507 DEFERRED INFLOWS OF RESOURCES Unavailable Revenue-Revolving Loan - - - - - Unavailable Revenue-Special Assessments - - - 84,348 - Total Deferred Inflows of Resources - - - 84,348 - FUND BALANCES Nonspendable - 979 - - - Restricted - 100,526 - - - Assigned 579,823 575 - - - Unassigned - - (92,291) (74,285) (1,225,507) Total Fund Balance 579,823 102,080 (92,291) (74,285) (1,225,507) Total Liabilities,Deferred Inflows of Resources,and Fund Balances $ 579,823 $ 114,028 $ - $ 84,436 $ 200,000 130 City of Eden Prairie,Minnesota Combining Balance Sheet Nonmajor Governmental Funds Page 8 of 9 December 31,2015 Capital Projects TC Station/ General NS Road LRT Total ASSETS Cash and Investments $ - $ - $ 12,421,926 Receivables Accounts - - 589,459 Interest - - 21,691 Due from Other Governments - - 211,560 Unremitted Special Assessments - - 88 Delinquent Special Assessments - - 433 Deferred Special Assessments - - 1,128,915 Special Deferred Special Assessments - - - Due from Other Funds - - 1,413,910 Prepaid Items - - 979 Land Held for Resale - - 537,181 Notes Receivable - - 243,739 Loan Receivable - - 178,729 Cash and Investments with Escrow Agent - - - Total Assets $ - $ - $ 16,748,610 LIABILITIES Accounts and Contracts Payable $ 5,935 $ 46,267 $ 514,183 Salaries Payable - - 2,927 Investment Interest Payable - 1 1,019 Due to Other Governments - - 12,026 Due to Other Funds 21,238 70,027 1,413,910 Unearned Revenue - - 242,863 Total Liabilities 27,173 116,295 2,186,928 DEFERRED INFLOWS OF RESOURCES Unavailable Revenue-Revolving Loan - - 178,729 Unavailable Revenue-Special Assessments - - 1,129,348 Total Deferred Inflows of Resources - - 1,308,077 FUND BALANCES Nonspendable - - 538,160 Restricted - - 4,673,994 Assigned - - 9,577,002 Unassigned (27,173) (116,295) (1,535,551) Total Fund Balance (27,173) (116,295) 13,253,605 Total Liabilities,Deferred Inflows of Resources,and Fund Balances $ - $ - $ 16,748,610 131 City of Eden Prairie,Minnesota Combining Balance Sheet Nonmajor Governmental Funds Page 9 of 9 December 31,2015 Permanent Fund Cemetery Total Historical Perpetual Nonmajor and Care Governmental Cultural Fund Total Funds ASSETS Cash and Investments $ - $ 263,598 $ 263,598 $ 15,616,736 Receivables - Accounts - - - 599,459 Interest - 378 378 24,674 Due from Other Governments - - - 238,994 Unremitted Special Assessments - - - 88 Delinquent Special Assessments - - - 898 Deferred Special Assessments - - - 3,478,761 Special Deferred Special Assessments - - - 120,761 Due from Other Funds - - - 1,414,781 Prepaid Items - - - 2,034 Land Held for Resale - - - 537,181 Notes Receivable - - - 243,739 Loan Receivable - - - 178,729 Cash and Investments with Escrow Agent - - - 102,188 Total Assets $ - $ 263,976 $ 263,976 $ 22,559,023 LIABILITIES Accounts and Contracts Payable $ - $ - $ - $ 566,678 Salaries Payable - - - 3,416 Investment Interest Payable - - - 3,874 Due to Other Governments - - - 18,420 Due to Other Funds - - - 1,414,781 Unearned Revenue - - - 242,863 Total Liabilities - - - 2,250,032 DEFERRED INFLOWS OF RESOURCES Unavailable Revenue-Revolving Loan - - - 178,729 Unavailable Revenue-Special Assessments - - - 3,600,420 Total Deferred Inflows of Resources - - - 3,779,149 FUND BALANCES Nonspendable - 142,049 142,049 681,264 Restricted - 121,927 121,927 7,807,257 Assigned - - - 9,577,002 Unassigned - - - (1,535,681) Total Fund Balance - 263,976 263,976 16,529,842 Total Liabilities,Deferred Inflows of Resources,and Fund Balances $ - $ 263,976 $ 263,976 $ 22,559,023 132 City of Eden Prairie,Minnesota Combining Statement of Revenues, Expenditures,and Changes in Fund Balances Nonmajor Governmental Funds Page 1()PP For the Year Ended December 31,2015 Special Revenue Pleasant Historical HRA Hills and Grant Cemetery Recycling Cultural Total REVENUES General Property Taxes $ - $ - $ - $ - $ - Special Assessments - - - - - Licenses and Permits - - - - - Intergovernmental Revenue 305,058 - 174,832 - 479,890 Fines and Forfeits - - - - - Investment Income(Loss) - 71 - - 71 Rental - - - - - Other Fees - 22,220 - - 22,220 Contributions and Donations - - - - - Miscellaneous - - - - - Total Revenues 305,058 22,291 174,832 - 502,181 EXPENDITURES Current Community Development 305,058 - - - 305,058 Police - - - - - Public Works - - 172,115 - 172,115 Parks and Recreation - 11,322 - - 11,322 Interest on Interfund Borrowing - - - - - Capital Outlay Administration - - - - - Police - - - - - Public Works - - - - - Parks and Recreation - - - - - Debt Service Principal - - - - - Interest - - - - - Fiscal Agent Fees - - - - - Total Expenditures 305,058 11,322 172,115 - 488,495 Excess of Revenues Over(Under)Expenditures - 10,969 2,717 - 13,686 OTHER FINANCING SOURCES(USES) Payment to Refunded Bond Escrow - - - - - Transfers In - - - 8,414 8,414 Transfers Out - - - - - Total Other Financing Sources(Uses) - - - 8,414 8,414 Net Change in Fund Balances - 10,969 2,717 8,414 22,100 Fund Balances(Deficit)-Beginning - 8,316 11,970 - 20,286 Fund Balances(Deficit)-Ending $ - $ 19,285 $ 14,687 $ 8,414 $ 42,386 133 City of Eden Prairie,Minnesota Combining Statement of Revenues, Expenditures,and Changes in Fund Balances Nonmajor Governmental Funds Page 2 of For the Year Ended December 31,2015 Debt Service General 3rd Rink Obligation General Lease Capital General Improv. Obligation Revenue Equip Obligation Revolving Bonds Bonds Notes Bonds 2005A 2006B 2007A 2008A 2008B REVENUES General Property Taxes $ 108,105 $ - $ - $ 391,758 $ - Special Assessments 175,376 - - - - Licenses and Permits - - - - - Intergovernmental Revenue - - - - - Fines and Forfeits - - - - - Investment Income(Loss) 405 662 - 351 - Rental - - - - - Other Fees - - - - - Contributions and Donations - - - - - Miscellaneous - - - - - Total Revenues 283,886 662 - 392,109 - EXPENDITURES Current Community Development - - - - - Police - - - - - Public Works - - - - - Parks and Recreation - - - - - Interest on Interfund Borrowing - - 47 - 60 Capital Outlay Administration - - - - - Police - - - - - Public Works - - - - - Parks and Recreation - - - - - Debt Service Principal 280,000 200,000 70,000 320,000 115,000 Interest 9,940 70,810 55,705 45,830 52,635 Fiscal Agent Fees 3,635 - 2,336 586 3,686 Total Expenditures 293,575 270,810 128,088 366,416 171,381 Excess of Revenues Over(Under)Expenditures (9,689) (270,148) (128,088) 25,693 (171,381) OTHER FINANCING SOURCES(USES) Payment to Refunded Bond Escrow - (3,000,000) - - - Transfers In - - 130,000 - 170,000 Transfers Out (17,946) (156,809) - - - Total Other Financing Sources(Uses) (17,946) (3,156,809) 130,000 - 170,000 Net Change in Fund Balances (27,635) (3,426,957) 1,912 25,693 (1,381) Fund Balances(Deficit)-Beginning 27,635 3,426,957 99,202 137,693 1,862 Fund Balances(Deficit)-Ending $ - $ - $ 101,114 $ 163,386 $ 481 134 City of Eden Prairie,Minnesota Combining Statement of Revenues, Expenditures,and Changes in Fund Balances Nonmajor Governmental Funds Page 3 of9 For the Year Ended December 31,2015 Debt Service General General General Capital Obligation General Obligation Obligation Equip Improvement Obligation Refunding Refunding Notes Bonds Bonds Bonds Bonds 2009B 2010A 2011B 2011C 2011D REVENUES General Property Taxes $ 74,384 $ - $ 95,311 $ 745,302 $ - Special Assessments - 119,066 - - 266,803 Licenses and Permits - - - - - Intergovernmental Revenue - - - - - Fines and Forfeits - - - - - Investment Income(Loss) - 544 245 2,100 1,237 Rental - - - - - Other Fees - - - - - Contributions and Donations - - - - - Miscellaneous - - - - - Total Revenues 74,384 119,610 95,556 747,402 268,040 EXPENDITURES Current Community Development - - - - - Police - - - - - Public Works - - - - - Parks and Recreation - - - - - Interest on Interfund Borrowing 6 - - - - Capital Outlay Administration - - - - - Police - - - - - Public Works - - - - - Parks and Recreation - - - - - Debt Service Principal 60,000 70,000 85,000 680,000 145,000 Interest 7,350 31,710 5,100 63,533 39,538 Fiscal Agent Fees 3,686 586 186 711 3,811 Total Expenditures 71,042 102,296 90,286 744,244 188,349 Excess of Revenues Over(Under)Expenditures 3,342 17,314 5,270 3,158 79,691 OTHER FINANCING SOURCES(USES) Payment to Refunded Bond Escrow - - - - - Transfers In - - - - - Transfers Out - - - - - Total Other Financing Sources(Uses) - - - - - Net Change in Fund Balances 3,342 17,314 5,270 3,158 79,691 Fund Balances(Deficit)-Beginning 81,961 99,894 33,460 976,843 203,457 Fund Balances(Deficit)-Ending $ 85,303 $ 117,208 $ 38,730 $ 980,001 $ 283,148 135 City of Eden Prairie,Minnesota Combining Statement of Revenues, Expenditures,and Changes in Fund Balances Nonmajor Governmental Funds Page 4 of For the Year Ended December 31,2015 Debt Service General General General General Obligation Obligation Obligation Obligation Refunding Refunding Improvement Tax Abatement Bonds Bonds Bonds Bonds 2012A 2012B 2012C 2014A Total REVENUES General Property Taxes $ 149,096 $ 317,374 $ - $ 742,502 $ 2,623,832 Special Assessments - - - - 561,245 Licenses and Permits - - - - - Intergovernmental Revenue - - - - - Fines and Forfeits - - - - - Investment Income(Loss) 1,598 396 - 390 7,928 Rental - - - - - Other Fees - - - - - Contributions and Donations - - - - - Miscellaneous - - - - - Total Revenues 150,694 317,770 - 742,892 3,193,005 EXPENDITURES Current Community Development - - - - - Police - - - - - Public Works - - - - - Parks and Recreation - - - - - Interest on Interfund Borrowing - - 11,493 - 11,606 Capital Outlay Administration - - - - - Police - - - - - Public Works - - - - - Parks and Recreation - - - - - Debt Service Principal 30,000 - 1,875,000 - 3,930,000 Interest 118,556 66,906 186,250 548,763 1,302,626 Fiscal Agent Fees 711 711 936 936 22,517 Total Expenditures 149,267 67,617 2,073,679 549,699 5,266,749 Excess of Revenues Over(Under)Expenditures 1,427 250,153 (2,073,679) 193,193 (2,073,744) OTHER FINANCING SOURCES(USES) Payment to Refunded Bond Escrow - - - - (3,000,000) Transfers In - 156,809 2,200,000 - 2,656,809 Transfers Out - - - - (174,755) Total Other Financing Sources(Uses) - 156,809 2,200,000 - (517,946) Net Change in Fund Balances 1,427 406,962 126,321 193,193 (2,591,690) Fund Balances(Deficit)-Beginning 413,428 32,428 (91,104) 117,849 5,561,565 Fund Balances(Deficit)-Ending $ 414,855 $ 439,390 $ 35,217 $ 311,042 $ 2,969,875 136 City of Eden Prairie,Minnesota Combining Statement of Revenues, Expenditures,and Changes in Fund Balances Nonmajor Governmental Funds Page 5 of9 For the Year Ended December 31,2015 Capital Projects Senior Park CIP Police E-911 Board Improvement Trails REVENUES General Property Taxes $ - $ - $ - $ - $ - Special Assessments - - - - 26,284 Licenses and Permits - - - - - Intergovernmental Revenue - 81,917 - 40,000 - Fines and Forfeits 6,625 - - - - Investment Income(Loss) 136 1,201 76 10,712 - Rental - Other Fees - - - 421,000 - Contributions and Donations - - 5,694 64,050 - Miscellaneous 38,669 - - 64,746 - Total Revenues 45,430 83,118 5,770 600,508 26,284 EXPENDITURES Current Community Development - - - - - Police 156,789 73,167 - - - Public Works - - - - - Parks and Recreation - - 5,144 - - Interest on Interfund Borrowing - - - - 870 Capital Outlay Administration - - - - - Police 8,000 166,600 - - - Public Works - - - - 6,888 Parks and Recreation - - - 152,640 - Debt Service Principal - - - - - Interest - - - - - Fiscal Agent Fees - - - - - Total Expenditures 164,789 239,767 5,144 152,640 7,758 Excess of Revenues Over(Under)Expenditures (119,359) (156,649) 626 447,868 18,526 OTHER FINANCING SOURCES(USES) Payment to Refunded Bond Escrow - - - - - Transfers In - - - 20,000 260,000 Transfers Out - - (1,865) - - Total Other Financing Sources(Uses) - - (1,865) 20,000 260,000 Net Change in Fund Balances (119,359) (156,649) (1,239) 467,868 278,526 Fund Balances(Deficit)-Beginning 163,708 286,835 16,321 2,070,121 (247,918) Fund Balances(Deficit)-Ending $ 44,349 $ 130,186 $ 15,082 $ 2,537,989 $ 30,608 137 City of Eden Prairie,Minnesota Combining Statement of Revenues, Expenditures,and Changes in Fund Balances Nonmajor Governmental Funds Page 6 of9 For the Year Ended December 31,2015 Capital Projects CIP Economic Pavement Development Project Flying Cloud Mgmt Fund Fund HRA Drive REVENUES General Property Taxes $ - $ - $ 3,249,355 $ 197,419 $Special Assessments - - - - 171,878 Licenses and Permits 2,116,252 - - - - Intergovernmental Revenue - - - - - Fines and Forfeits - - - - - Investment Income(Loss) 3,601 19,230 21,762 963 2,165 Rental - 66,491 - - - Other Fees - - - - - Contributions and Donations - - - - - Miscellaneous - - 159,060 - - Total Revenues 2,119,853 85,721 3,430,177 198,382 174,043 EXPENDITURES Current Community Development - 6,319 4,972,345 191,498 - Police - - - - - Public Works - - - - - Parks and Recreation - - - - - Interest on Interfund Borrowing - - - - - Capital Outlay Administration - - - - - Police - - - - - Public Works 2,062,656 - - - - Parks and Recreation - - - - - Debt Service Principal - - - - - Interest - - - - - Fiscal Agent Fees - - - - - Total Expenditures 2,062,656 6,319 4,972,345 191,498 - Excess of Revenues Over(Under)Expenditures 57,197 79,402 (1,542,168) 6,884 174,043 OTHER FINANCING SOURCES(USES) Payment to Refunded Bond Escrow - - - - - Transfers In - - - - 17,946 Transfers Out - - - - (170,000) Total Other Financing Sources(Uses) - - - - (152,054) Net Change in Fund Balances 57,197 79,402 (1,542,168) 6,884 21,989 Fund Balances(Deficit)-Beginning 648,526 5,056,969 6,310,805 256,189 453,246 Fund Balances(Deficit)-Ending $ 705,723 $ 5,136,371 $ 4,768,637 $ 263,073 $ 475,235 138 City of Eden Prairie,Minnesota Combining Statement of Revenues, Expenditures,and Changes in Fund Balances Nonmajor Governmental Funds Page 7 of9 For the Year Ended December 31,2015 Capital Projects Eden Prairie Rd Connect to Homeowners West 70th Cable Flying Improvements Street Transportation PEG Cloud Area Extension REVENUES General Property Taxes $ - $ - $ - $ - $ - Special Assessments 38,657 - - 15,218 - Licenses and Permits - 103,031 - - - Intergovernmental Revenue 10,000 - - - 200,000 Fines and Forfeits - - - - - Investment Income(Loss) 2,125 231 - - - Rental - - - - - Other Fees - - - - - Contributions and Donations - - - - - Miscellaneous 15,793 - - - - Total Revenues 66,575 103,262 - 15,218 200,000 EXPENDITURES Current Community Development - - - - - Police - - - - - Public Works 9,869 - - - - Parks and Recreation - - - - - Interest on Interfund Borrowing - - 349 434 1,788 Capital Outlay Administration - 32,975 - - - Police - - - - - Public Works 21,690 - 45,487 - 1,331,374 Parks and Recreation - - - - - Debt Service Principal - - - - - Interest - - - - - Fiscal Agent Fees - - - - - Total Expenditures 31,559 32,975 45,836 434 1,333,162 Excess of Revenues Over(Under)Expenditures 35,016 70,287 (45,836) 14,784 (1,133,162) OTHER FINANCING SOURCES(USES) Payment to Refunded Bond Escrow - - - - - Transfers In - - - - - Transfers Out - - - - - Total Other Financing Sources(Uses) - - - - - Net Change in Fund Balances 35,016 70,287 (45,836) 14,784 (1,133,162) Fund Balances(Deficit)-Beginning 544,807 31,793 (46,455) (89,069) (92,345) Fund Balances(Deficit)-Ending $ 579,823 $ 102,080 $ (92,291) $ (74,285) $ (1,225,507) 139 City of Eden Prairie,Minnesota Combining Statement of Revenues, Expenditures,and Changes in Fund Balances Nonmajor Governmental Funds Page 8 of9 For the Year Ended December 31,2015 Capital Projects TC Station/ General NS Road LRT Total REVENUES General Property Taxes $ - $ - $ 3,446,774 Special Assessments - - 252,037 Licenses and Permits - - 2,219,283 Intergovernmental Revenue - - 331,917 Fines and Forfeits - - 6,625 Investment Income(Loss) - - 62,202 Rental - - 66,491 Other Fees - - 421,000 Contributions and Donations - - 69,744 Miscellaneous - - 278,268 Total Revenues - - 7,154,341 EXPENDITURES Current Community Development - - 5,170,162 Police - - 229,956 Public Works - - 9,869 Parks and Recreation - - 5,144 Interest on Interfund Borrowing 1 5 3,447 Capital Outlay Administration - - 32,975 Police - - 174,600 Public Works 27,172 116,290 3,611,557 Parks and Recreation - - 152,640 Debt Service Principal - - - Interest - - - Fiscal Agent Fees - - - Total Expenditures 27,173 116,295 9,390,350 Excess of Revenues Over(Under)Expenditures (27,173) (116,295) (2,236,009) OTHER FINANCING SOURCES(USES) Payment to Refunded Bond Escrow - - - Transfers In - - 297,946 Transfers Out - - (171,865) Total Other Financing Sources(Uses) - - 126,081 Net Change in Fund Balances (27,173) (116,295) (2,109,928) Fund Balances(Deficit)-Beginning - - 15,363,533 Fund Balances(Deficit)-Ending $ (27,173) $ (116,295) $ 13,253,605 140 City of Eden Prairie,Minnesota Combining Statement of Revenues, Expenditures,and Changes in Fund Balances Nonmajor Governmental Funds Page 9 of9 For the Year Ended December 31,2015 Permanent Fund Cemetery Total Historical Perpetual Nonmajor and Care Governmental Cultural Fund Total Funds REVENUES General Property Taxes $ - $ - $ - $ 6,070,606 Special Assessments - - - 813,282 Licenses and Permits - - - 2,219,283 Intergovernmental Revenue - - - 811,807 Fines and Forfeits - - - 6,625 Investment Income(Loss) 36 1,104 1,140 71,341 Rental - - - 66,491 Other - - Fees 76 3,880 3,956 447,176 Contributions and Donations - - - 69,744 Miscellaneous - - - 278,268 Total Revenues 112 4,984 5,096 10,854,623 EXPENDITURES Current Community Development - - - 5,475,220 Police - - - 229,956 Public Works - - - 181,984 Parks and Recreation - - - 16,466 Interest on Interfund Borrowing - - - 15,053 Capital Outlay Administration - - - 32,975 Police - - - 174,600 Public Works - - - 3,611,557 Parks and Recreation - - - 152,640 Debt Service Principal - - - 3,930,000 Interest - - - 1,302,626 Fiscal Agent Fees - - - 22,517 Total Expenditures - - - 15,145,594 Excess of Revenues Over(Under)Expenditures 112 4,984 5,096 (4,290,971) OTHER FINANCING SOURCES(USES) Payment to Refunded Bond Escrow - - - (3,000,000) Transfers In - - - 2,963,169 Transfers Out (8,414) - (8,414) (355,034) Total Other Financing Sources(Uses) (8,414) - (8,414) (391,865) Net Change in Fund Balances (8,302) 4,984 (3,318) (4,682,836) Fund Balances(Deficit)-Beginning 8,302 258,992 267,294 21,212,678 Fund Balances(Deficit)-Ending $ - $ 263,976 $ 263,976 $ 16,529,842 141 City of Eden Prairie, Minnesota Internal Service Funds Internal Service Funds Internal service funds are used to account for the financing of goods or services provided by one department or agency to other departments or agencies of the government and to other government units, on a cost reimbursement basis. Health & Benefits — This fund accounts for the activities pertaining to health, dental, life and disability insurance. This fund also accounts for the employer's portion of pension, FICA and medicare contributions. Severance — This fund accounts for the payment of unused personal time off for governmental fund employees. Workers Compensation — This fund accounts for the costs associated with workers' compensation. Revenues are primarily charges to other funds, interest earnings and insurance checks. Expenditures will consist of insurance premiums. Property Insurance — This fund accounts for the costs associated with the City's property and casualty insurance program. Revenues are primarily charges to other funds and interest earnings. Expenditures will consist of insurance premiums. Facilities — This fund accounts for the costs associated with maintaining city owned buildings. Revenues are primarily charges to other funds and interest earnings. Fleet — These funds account for the costs associated with maintaining machinery and equipment for the City. Revenues are primarily charges to other funds and interest earnings. Information Technology — These funds account for the costs associated with maintaining and upgrading the network, computer infrastructure and communications service technologies that support the City's mission-critical operations. Revenues are primarily charges to other funds and interest earnings. 142 City of Eden Prairie, Minnesota Internal Service Funds Combining Statement of Net Position December 31,2015 Health& Workers Property Benefits Severance Compensation Insurance ASSETS Current Assets Cash and Investments $ 749,553 $ 1,349,182 $ 168,716 $ 185,688 Receivables Accounts 1,512 - - - Interest 891 2,106 97 63 Due From Other Governments 155 - - - Inventory - - - - Prepaid Items - - 108,827 85,070 Total Current Assets 752,111 1,351,288 277,640 270,821 Noncurrent Assets: Capital Assets Property, Plant and Equipment - - - - Less Accumulated Depreciation - - - - Total Noncurrent Assets - - - - Total Assets $ 752,111 $ 1,351,288 $ 277,640 $ 270,821 LIABILITIES Current Liabilities: Accounts Payable $ 53,736 $ - $ - $ 25,000 Salaries Payable - - 553 553 Due to Other Governments 163,024 - - - Unearned Revenue - - - - Current Portion of Compensated Absences - 916,828 - - Total Current Liabilities 216,760 916,828 553 25,553 Noncurrent Liabilities: Net OPEB 1,223,665 - 3,843 3,843 Compensated Absences - 958,571 - - Total Noncurrent Liabilities 1,223,665 958,571 3,843 3,843 Total Liabilities 1,440,425 1,875,399 4,396 29,396 Net Position Net Investment in Capital Assets - - - - Unrestricted (688,314) (524,111) 273,244 241,425 Total Net Position (688,314) (524,111) 273,244 241,425 Total Liabilities and Net Position $ 752,111 $ 1,351,288 $ 277,640 $ 270,821 143 City of Eden Prairie, Minnesota Internal Service Funds Combining Statement of Net Position December 31,2015 Information Facilities Fleet Technology Total ASSETS Current Assets Cash and Investments $ 1,275,007 $ 2,014,680 $ 492,616 $ 6,235,442 Receivables Accounts 437,507 181 - 439,200 Interest 1,740 2,989 711 8,597 Due From Other Governments - - - 155 Inventory - 109,215 - 109,215 Prepaid Items 150 1,500 53,364 248,911 Total Current Assets 1,714,404 2,128,565 546,691 7,041,520 Noncurrent Assets: Capital Assets Property, Plant and Equipment 3,215,384 4,314,974 484,447 8,014,805 Less Accumulated Depreciation (559,393) (1,745,919) (127,389) (2,432,701) Total Noncurrent Assets 2,655,991 2,569,055 357,058 5,582,104 Total Assets $ 4,370,395 $ 4,697,620 $ 903,749 $ 12,623,624 LIABILITIES Current Liabilities: Accounts Payable $ 377,053 $ 78,583 $ 101,980 $ 636,352 Salaries Payable 12,569 5,452 6,442 25,569 Due to Other Governments - 2,211 1,152 166,387 Unearned Revenue 1,090 - - 1,090 Current Portion of Compensated Absences - - - 916,828 Total Current Liabilities 390,712 86,246 109,574 1,746,226 Noncurrent Liabilities: Net OPEB 45,912 25,490 27,530 1,330,283 Compensated Absences - - - 958,571 Total Noncurrent Liabilities 45,912 25,490 27,530 2,288,854 Total Liabilities 436,624 111,736 137,104 4,035,080 Net Position Net Investment in Capital Assets 2,655,991 2,569,055 357,058 5,582,104 Unrestricted 1,277,780 2,016,829 409,587 3,006,440 Total Net Position 3,933,771 4,585,884 766,645 8,588,544 Total Liabilities and Net Position $ 4,370,395 $ 4,697,620 $ 903,749 $ 12,623,624 144 City of Eden Prairie,Minnesota Internal Service Funds Combining Statement of Revenues Expenses and Changes in Net Position For the Year Ended December 31,2015 Health& Workers Property Benefits Severance Compensation Insurance OPERATING REVENUE Charges for Services $ 5,161,400 $ 14,899 $ 793,325 $ 642,423 Rental - - - - Total Operating Revenues 5,161,400 14,899 793,325 642,423 OPERATING EXPENSE Personal Services 3,070,808 101,202 45,053 45,053 Supplies Supplies - - 11 40 Motor Fuel - - - - Tires - - - - Contractual Services Contractual Services 24,930 - 1,087 392 Insurance 2,209,361 - 677,641 644,331 Janitorial Services/Cleaning Supplies - - - - LOGIS - - - - Licenses, Permits,Taxes - - - - Repairs and Maintenance - - - - Utilities - - - - Total Operating Expenses 5,305,099 101,202 723,792 689,816 Operating Income(Loss)Before Depreciation (143,699) (86,303) 69,533 (47,393) Depreciation - - - - Operating Income(Loss)Before Nonoperating Revenue/Expense (143,699) (86,303) 69,533 (47,393) NONOPERATING REVENUE(EXPENSE) Grants - - - - Investment Income 2,788 5,903 152 296 Gain/(Loss)on Disposition of Capital Assets - - - - Miscellaneous 12,470 - 13,677 179,858 Total Nonoperating Revenues(Expenses) 15,258 5,903 13,829 180,154 Change in Net Position (128,441) (80,400) 83,362 132,761 Net Position-Beginning (559,873) (443,711) 189,882 108,664 Net Position-Ending $ (688,314) $ (524,111) $ 273,244 $ 241,425 145 City of Eden Prairie,Minnesota Internal Service Funds Combining Statement of Revenues Expenses and Changes in Net Position For the Year Ended December 31,2015 Information Facilities Fleet Technology Total OPERATING REVENUE Charges for Services $ 4,494,385 $ 2,645,520 $ 2,097,520 $ 15,849,472 Rental 627,288 - - 627,288 Total Operating Revenues 5,121,673 2,645,520 2,097,520 16,476,760 OPERATING EXPENSE Personal Services 977,620 465,238 597,499 5,302,473 Supplies Supplies 123,195 86,351 293,159 502,756 Motor Fuel 8,109 414,137 - 422,246 Tires - 55,518 - 55,518 Contractual Services Contractual Services 1,438,720 8,437 231,139 1,704,705 Insurance - - - 3,531,333 Janitorial Services/Cleaning Supplies 936,002 - - 936,002 LOGIS - - 464,359 464,359 Licenses, Permits,Taxes 197,805 729 - 198,534 Repairs and Maintenance 207,758 297,849 396,703 902,310 Utilities 1,138,966 2,357 31,088 1,172,411 Total Operating Expenses 5,028,175 1,330,616 2,013,947 15,192,647 Operating Income(Loss)Before Depreciation 93,498 1,314,904 83,573 1,284,113 Depreciation 141,837 764,346 68,435 974,618 Operating Income(Loss)Before Nonoperating Revenue/Expense (48,339) 550,558 15,138 309,495 NONOPERATING REVENUE(EXPENSE) Grants 600 - - 600 Investment Income 17,473 8,946 1,642 37,200 Gain/(Loss)on Disposition of Capital Assets - 104,606 - 104,606 Miscellaneous 4,648 20,837 368 231,858 Total Nonoperating Revenues(Expenses) 22,721 134,389 2,010 374,264 Change in Net Position (25,618) 684,947 17,148 683,759 Net Position-Beginning 3,959,389 3,900,937 749,497 7,904,785 Net Position-Ending $ 3,933,771 $ 4,585,884 $ 766,645 $ 8,588,544 146 City of Eden Prairie,Minnesota Internal Service Funds Combining Statement of Cash Flows For the Year Ended December 31,2015 Health& Workers Property Benefits Severance Compensation Insurance CASH FLOWS FROM OPERATING ACTIVITIES Receipts From Customers $ 5,161,796 $ 14,899 $ 793,325 $ 645,112 Payments to Vendors (2,132,725) - (676,485) (623,797) Payments to Employees (2,910,002) (108,704) (45,771) (45,771) Other Receipts 12,470 - 13,677 179,858 Net Cash Provided(Used)By Operating Activities 131,539 (93,805) 84,746 155,402 CASH FLOWS FROM INVESTING ACTIVITIES Investment Income 2,676 6,273 281 199 Net Cash Provided(Used)By Investing Activities 2,676 6,273 281 199 CASH FLOWS FROM NONCAPITAL FINANCING ACTIVITIES Grants - - - - Net Cash Provided(Used)By Noncapital Financing Activities - - - - CASH FLOWS FROM CAPITAL AND RELATED FINANCING ACTIVITES Acquisition and Construction of Capital Assets - - - - Proceeds From Sale of Equipment - - - - Net Cash Provided(Used)By Capital and Related Financing Activities - - - - Net Increase(Decrease)in Cash and Cash Equivalents 134,215 (87,532) 85,027 155,601 Cash and Cash Equivalents,January 1 615,338 1,436,714 83,689 30,087 Cash and Cash Equivalents,December 31 $ 749,553 $ 1,349,182 $ 168,716 $ 185,688 147 City of Eden Prairie,Minnesota Internal Service Funds Combining Statement of Cash Flows For the Year Ended December 31,2015 Page 1 of 2 Information Facilities Fleet Technology Total CASH FLOWS FROM OPERATING ACTIVITIES Receipts From Customers $ 4,049,431 $ 2,646,259 $ 2,097,520 $ 15,408,342 Payments to Vendors (3,911,421) (1,076,942) (1,490,445) (9,911,815) Payments to Employees (1,006,941) (481,158) (611,893) (5,210,240) Other Receipts 627,288 - - 833,293 Net Cash Provided(Used)By Operating Activities (241,643) 1,088,159 (4,818) 1,119,580 CASH FLOWS FROM INVESTING ACTIVITIES Investment Income 18,370 8,951 2,088 38,838 Net Cash Provided(Used)By Investing Activities 18,370 8,951 2,088 38,838 CASH FLOWS FROM NONCAPITAL FINANCING ACTIVITIES Grants 600 - - 600 Net Cash Provided(Used)By Noncapital Financing Activities 600 - - 600 CASH FLOWS FROM CAPITAL AND RELATED FINANCING ACTIVITES Acquisition and Construction of Capital Assets (62,968) (1,111,148) (148,117) (1,322,233) Proceeds From Sale of Equipment - 104,606 - 104,606 Net Cash Provided(Used)By Capital and Related Financing Activities (62,968) (1,006,542) (148,117) (1,217,627) Net Increase(Decrease)in Cash and Cash Equivalents (285,641) 90,568 (150,847) (58,609) Cash and Cash Equivalents,January 1 1,560,648 1,924,112 643,463 6,294,051 Cash and Cash Equivalents,December 31 $ 1,275,007 $ 2,014,680 $ 492,616 $ 6,235,442 148 Internal Service Funds Combining Statement of Cash Flows For the Year Ended December 31,2015 Health& Workers Property Benefits Severance Compensation Insurance RECONCILIATION OF OPERATING INCOME (LOSS)TO NET CASH PROVIDED(USED) BY OPERATING ACTIVITIES: Operating Income(Loss) $ (143,699)$ (86,303) $ 69,533 $ (47,393) Adjustments to Reconcile Operating Income(Loss) to Net Cash Provided(Used)by Operating Activities: Depreciation - - - - Miscellaneous 12,470 - 13,677 179,858 (Increase)Decrease in Assets: Accounts Receivable 396 - - 2,689 Due From Other Governments 2,234 - - - Inventory - - - - Prepaid Items 259,432 - 8,069 650 Increase(Decrease)in Liabilities: Accounts Payable (23,990) - (5,815) 20,316 Salaries Payable - (2,154) (1,233) (1,233) Due to Other Governments (136,110) - - - Unearned Revenue - - - - Net Other Post Employment Benefits 160,806 - 515 515 Compensated Absences - (5,348) - - Net Cash Provided(Used)by Operating Activities $ 131,539 $ (93,805) $ 84,746 $ 155,402 Noncash Investing,Capital and Financing Activities: Contribution of Capital Asset to Governmental Funds $ - $ - $ - $ - 149 Internal Service Funds Combining Statement of Cash Flows For the Year Ended December 31,2015 Page 2 of 2 Information Facilities Fleet Technology Total RECONCILIATION OF OPERATING INCOME (LOSS)TO NET CASH PROVIDED(USED) BY OPERATING ACTIVITIES: Operating Income(Loss) $ (48,339) $ 550,558 $ 15,138 $ 309,495 Adjustments to Reconcile Operating Income(Loss) to Net Cash Provided(Used)by Operating Activities: Depreciation 141,837 764,346 68,435 974,618 Miscellaneous 4,648 20,837 368 231,858 (Increase)Decrease in Assets: Accounts Receivable (432,718) 739 - (428,894) Due From Other Governments 22,726 - - 24,960 Inventory - (55) - (55) Prepaid Items 1,175 - (25,130) 244,196 Increase(Decrease)in Liabilities: Accounts Payable 110,585 (233,298) (48,044) (180,246) Salaries Payable (26,454) (13,510) (16,164) (60,748) Due to Other Governments - 952 (1,191) (136,349) Unearned Revenue (12,236) - - (12,236) Net Other Post Employment Benefits (2,867) (2,410) 1,770 158,329 Compensated Absences - - - (5,348) Net Cash Provided(Used)by Operating Activities $ (241,643) $ 1,088,159 $ (4,818)$ 1,119,580 Noncash Investing,Capital and Financing Activities: Contribution of Capital Asset to Governmental Funds $ - $ (22,265) $ - $ (22,265) 150 City of Eden Prairie, Minnesota Agency Funds Agency Funds Agency funds are used to account for assets held by the government as an agent for individuals, private organizations, other governments, or other funds. Escrow - This fund is used to account for various deposits (mainly contractor's deposits to guarantee payment of special assessments for water, sewer, streets and other improvements) required by the City. This fund is also used for accumulating donations and other contributions for specific purposes. WAFTA — This fund accounts for the collection and remittance of expenses pertaining to the fire training facility owned by 11 member cities. MCES - This fund accounts for the collection and remittance of sewer availability charges to the Metropolitan Council Environmental Services. 151 City of Eden Prairie, Minnesota Agency Funds Combining Statement of Fiduciary Net Position December 31,2015 Escrow 2015 Fund WAFTA MCES Total ASSETS Cash and Investments $ 1,032,405 $ 171,139 $ 47,215 $ 1,250,759 Total Assets $ 1,032,405 $ 171,139 $ 47,215 $ 1,250,759 LIABILITIES Accounts Payable $ 1,032,342 $ - $ - $ 1,032,342 Due to Other Governments 63 171,139 47,215 218,417 Total Liabilities $ 1,032,405 $ 171,139 $ 47,215 $ 1,250,759 152 City of Eden Prairie,Minnesota Agency Funds Combining Statement of Changes in Assets and Liabilities For the Year Ended December 31,2015 Balance Balance January 1 December 31 2015 Additions Deductions 2015 Escrow Assets Cash and Investments $ 1,151,603 $ 331,321 $ 450,519 $ 1,032,405 Accounts Receivable 7,549 4,351 11,900 - Total Assets $ 1,159,152 $ 335,672 $ 462,419 $ 1,032,405 Liabilities Accounts Payable $ 1,159,089 $ 678,979 $ 805,726 $ 1,032,342 Due to Other Governments 63 - - 63 Total Liabilities $ 1,159,152 $ 678,979 $ 805,726 $ 1,032,405 WAFTA Assets Cash and Investments $ 150,725 $ 23,096 $ 2,682 $ 171,139 Accounts Receivable - 22,000 22,000 - Total Assets $ 150,725 $ 45,096 $ 24,682 $ 171,139 Liabilities Accounts Payable $ - $ 2,682 $ 2,682 $ - Due to Other Governments 150,725 23,096 2,682 _ 171,139 Total Liabilities $ 150,725 $ 25,778 $ 5,364 $ 171,139 MCES Assets Cash and Investments $ 17,395 $ 467,180 $ 437,360 $ 47,215 Total Assets $ 17,395 $ 467,180 $ 437,360 $ 47,215 Liabilities Due to Other Governments $ 17,395 $ 989,030 $ 959,210 $ 47,215 Total Liabilities $ 17,395 $ 989,030 $ 959,210 $ 47,215 Totals-All Agency Funds Assets Cash and Investments $ 1,319,723 $ 821,597 $ 890,561 $ 1,250,759 Accounts Receivable 7,549 4,351 11,900 - Total Assets $ 1,327,272 $ 825,948 $ 902,461 $ 1,250,759 Liabilities Accounts Payable $ 1,159,089 $ 681,661 $ 808,408 $ 1,032,342 Due to Other Governments 168,183 1,012,126 961,892 218,417 Total Liabilities $ 1,327,272 $ 1,693,787 $ 1,770,300 $ 1,250,759 153 154 City of Eden Prairie, Minnesota Statistical Section (Unaudited) This part of the City of Eden Prairie's comprehensive annual financial report presents detailed information as a context for understanding this year's financial statements, note disclosures, and supplementary information. This information has not been audited by the independent auditor. Contents Page Financial Trends 156-161 These tables contain trend information that may assist the reader in assessing the City's current financial performance by placing it in historical perspective. Revenue Capacity 162-165 These tables contain information that may assist the reader in assessing the viability of the City's most significant"own-source" revenue,the property tax. Debt Capacity 166-169 These tables present information that may assist the reader in analyzing the affordability of the City's current levels of outstanding debt and the City's ability to issue additional debt in the future. Demographic and Economic Information 170-178 These tables offer economic and demographic indicators that are commonly used for financial analysis and that can increase one's understanding of the City's present and ongoing financial status. Operating Information 179-180 These tables contain service and infrastructure indicators that can increase one's understanding of how the information in the City's financial statements relates to the services the City provides and the activities it performs. Source: Unless otherwise noted,the information in these tables is derived from the comprehensive annual financial reports for the relevant year. 155 City of Eden Prairie, Minnesota Government-wide Net Position by Category (accrual basis of accounting) Last Ten Years 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 GOVERNMENTAL ACTIVITIES Net Investment in Capital Assets $ 133,041,891 $ 155,494,482 $ 162,522,110 $ 165,578,857 $ 169,874,219 $ 178,022,468 $ 182,115,707 $ 177,981,232 $ 181,975,764 $ 189,217,647 Restricted 6,298,693 6,090,520 6,231,872 9,470,494 8,882,954 9,190,791 7,324,699 6,175,774 13,773,554 23,112,719 Unrestricted 64,133,581 53,052,529 56,235,986 49,907,035 50,954,497 48,843,723 55,746,593 57,276,140 60,341,383 31,911,221 Governmental Activities Net Position 203,474,165 214,637,531 224,989,968 224,956,386 229,711,670 236,056,982 245,186,999 241,433,146 256,090,701 244,241,587 BUSINESS-TYPE ACTIVITIES Net Investment in Capital Assets 140,872,743 142,849,627 143,504,412 142,093,191 138,307,152 138,397,769 134,140,863 132,801,426 131,144,305 128,130,738 Unrestricted 10,575,056 9,249,768 7,050,651 6,301,188 5,224,848 9,452,826 12,357,974 15,634,317 14,438,525 14,792,266 Business-Type Activities Net Position 151,447,799 152,099,395 150,555,063 148,394,379 143,532,000 147,850,595 146,498,837 148,435,743 145,582,830 142,923,004 PRIMARY GOVERNMENT Net Investment in Capital Assets 273,914,634 298,344,109 306,026,522 307,672,048 308,181,371 316,420,237 316,256,570 310,782,658 313,120,069 317,348,385 Restricted 6,298,693 6,090,520 6,231,872 9,470,494 8,882,954 9,190,791 7,324,699 6,175,774 13,773,554 23,112,719 Unrestricted 74,708,637 62,302,297 63,286,637 56,208,223 56,179,345 58,296,549 68,104,567 72,910,457 74,759,133 46,703,487 Primary Government Net Position $ 354,921,964 $ 366,736,926 $ 375,545,031 $ 373,350,765 $ 373,243,670 $ 383,907,577 $ 391,685,836 $ 389,868,889 $ 401,652,756 $ 387,164,591 156 City of Eden Prairie, Minnesota Changes in Net Position-Total (accrual basis of accounting) Last Ten Years Source 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 EXPENSES Governmental Activities $ 38,902,477 $ 41,926,473 $ 45,881,058 $ 47,397,022 $ 45,701,477 $ 45,294,566 $ 49,206,494 $ 58,843,210 $ 57,169,862 $ 65,402,641 Business-type Activities 22,634,036 24,768,351 25,265,911 25,599,664 26,739,072 27,530,501 29,553,823 29,692,124 29,820,423 27,924,045 Total Expenses 61,536,513 66,694,824 71,146,969 72,996,686 72,440,549 72,825,067 78,760,317 88,535,334 86,990,285 93,326,686 PROGRAM REVENUES Governmental Activities 14,693,423 15,020,071 16,270,317 12,361,210 13,032,144 14,786,027 20,610,978 16,622,065 33,865,654 31,911,922 Business-type Activities 21,513,949 25,894,561 23,669,165 24,115,894 23,654,183 25,863,662 29,336,671 32,870,365 28,335,144 27,330,069 Total Program Revenues 36,207,372 40,914,632 39,939,482 36,477,104 36,686,327 40,649,689 49,947,649 49,492,430 62,200,798 59,241,991 Net(Expense)Revenue (25,329,141) (25,780,192) (31,207,487) (36,519,582) (35,754,222) (32,175,378) (28,812,668) (39,042,904) (24,789,487) (34,084,695) GENERAL REVENUES AND TRANSFERS Governmental Activities 35,967,055 38,069,768 39,963,178 35,002,230 37,424,617 36,853,851 37,725,533 38,467,292 37,961,763 37,694,597 Business-type Activities (405,749) (474,614) 52,414 (676,914) (1,777,490) (1,230,687) (1,134,606) (1,241,335) (1,367,634) 336,534 Total General Revenues and Transfers 35,561,306 37,595,154 40,015,592 34,325,316 35,647,127 35,623,164 36,590,927 37,225,957 36,594,129 38,031,131 Change in Net Position $ 10,232,165 $ 11,814,962 $ 8,808,105 $ (2,194,266)$ (107,095)$ 3,447,786 $ 7,778,259 $ (1,816,947) $ 11,804,642 $ 3,946,436 157 City of Eden Prairie, Minnesota Changes in Net Position-Governmental Activities (accrual basis of accounting) Last Ten Years SOURCES 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 EXPENSES General Government $ 14,280,765 $ 14,424,872 $ 15,308,258 $ 9,506,104 $ 9,183,334 $ 9,263,991 $ - $ - $ - $ - Administration - - - - - - 4,008,338 5,854,425 4,921,044 5,579,070 Community Development - - - - - - 6,251,288 5,678,694 5,368,762 7,730,338 Public Safety 11,713,095 13,883,325 15,808,506 19,346,668 17,985,648 17,538,536 - - - - Police - - - - - - 12,413,470 12,846,206 13,534,150 14,118,565 Fire - - - - - - 5,646,926 5,724,342 6,093,772 6,324,124 Public Works 7,313,935 5,960,154 7,048,819 8,128,507 7,522,749 7,665,875 8,226,283 16,288,862 13,321,459 17,652,163 Parks and Recreation 4,396,128 6,087,328 6,212,450 8,606,431 9,769,235 9,617,076 10,815,390 11,113,811 12,947,006 12,862,402 Interest on Long Term Debt 1,198,554 1,570,794 1,503,025 1,809,312 1,240,511 1,209,088 1,844,799 1,336,870 983,669 1,135,979 Total Expenses 38,902,477 41,926,473 45,881,058 47,397,022 45,701,477 45,294,566 49,206,494 58,843,210 57,169,862 65,402,641 PROGRAM REVENUES Charges for Services General Government 2,859,961 2,573,708 2,506,269 948,287 958,005 966,931 - - - - Administration - - - - - - 1,695,035 1,176,919 1,314,271 1,132,606 Community Development - - - - - - 154,858 122,263 73,929 93,195 Public Safety 3,425,626 3,349,520 3,005,158 2,351,256 3,135,082 3,264,191 - - - - Police - - - - - - 1,338,079 1,223,836 1,130,020 1,063,129 Fire - - - - - - 3,450,431 4,236,114 3,502,952 2,571,830 Public Works 403,363 390,731 443,640 210,606 230,390 322,561 518,365 497,720 411,144 975,701 Parks and Recreation 2,687,876 3,050,852 3,470,985 3,774,815 4,285,057 4,327,323 4,759,919 5,005,917 5,187,195 5,229,060 Interest on Long Term Debt - - - - - - - - - - Operating Grants and Contributions 1,443,708 1,558,981 2,002,207 1,735,599 1,320,014 1,435,321 1,567,265 1,459,859 1,741,945 1,818,333 Capital Grants and Contributions 3,872,889 4,096,279 4,842,058 3,340,647 3,103,596 4,469,700 7,127,026 2,899,437 20,504,198 19,028,068 Total Program Revenues 14,693,423 15,020,071 16,270,317 12,361,210 13,032,144 14,786,027 20,610,978 16,622,065 33,865,654 31,911,922 Net(Expense)Revenue (24,209,054) (26,906,402) (29,610,741) (35,035,812) (32,669,333) (30,508,539) (28,595,516) (42,221,145) (23,304,208) (33,490,719) GENERAL REVENUES AND TRANSFERS Taxes Property Taxes 28,545,219 31,222,834 31,907,308 31,687,277 31,527,570 31,310,140 32,144,443 32,674,010 32,781,740 33,708,909 Tax Increment 2,407,638 2,689,433 3,034,260 3,250,611 3,450,291 3,139,080 3,353,556 3,535,459 3,070,936 3,249,355 Gain(Loss)on Sale of Capital Assets 1,431,440 - 2,883,897 (1,505,613) - 121,916 33,848 - - - Grants and Contributions Not Restricted to Specific Programs 190,446 225,295 195,478 206,907 229,510 752,907 836,646 862,288 483,914 741,828 Investment Income 2,574,984 3,049,185 1,751,418 672,822 427,377 259,808 186,676 137,890 210,373 272,989 Transfers 817,328 883,021 190,817 690,226 1,789,869 1,270,000 1,170,364 1,257,645 1,414,800 (278,484) Total General Revenues and Transfers 35,967,055 38,069,768 39,963,178 35,002,230 37,424,617 36,853,851 37,725,533 38,467,292 37,961,763 37,694,597 Change in Net Position $ 11,758,001 $ 11,163,366 $ 10,352,437 $ (33,582)$ 4,755,284 $ 6,345,312 $ 9,130,017 $ (3,753,853)$ 14,657,555 $ 4,203,878 158 City of Eden Prairie, Minnesota Changes in Net Position-Business-type Activities (accrual basis of accounting) Last Ten Years SOURCE 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 EXPENSES Water/Sewer $ 12,137,487 $ 13,161,533 $ 13,418,071 $ 13,462,844 $ 14,035,916 $ - $ - $ - $ - $ - Water - - - - - 8,162,292 9,570,579 9,564,793 9,856,001 8,905,768 Sewer - - - - - 6,671,324 6,685,442 6,532,297 6,403,264 6,565,966 Storm 1,256,092 1,986,557 1,725,629 1,523,876 1,983,337 1,915,249 2,051,178 2,420,535 2,545,818 2,082,594 Liquor 9,240,457 9,620,261 10,122,211 10,612,944 10,719,819 10,781,636 11,246,624 11,174,499 11,015,340 10,369,717 Total Expenses 22,634,036 24,768,351 25,265,911 25,599,664 26,739,072 27,530,501 29,553,823 29,692,124 29,820,423 27,924,045 PROGRAM REVENUES Charges for Services Water/Sewer 10,415,372 11,553,501 11,551,147 11,487,634 11,103,035 - - - - - Water - - - - - 7,743,061 9,920,853 9,659,385 7,315,328 7,162,740 Sewer - - - - - 4,926,624 5,654,186 6,265,514 5,566,951 5,661,990 Storm 644,131 614,590 818,987 910,568 831,731 1,054,077 1,327,159 1,499,405 1,656,817 1,933,572 Liquor 10,454,446 10,741,799 11,299,031 11,717,692 11,687,919 11,724,900 12,381,069 12,404,920 12,216,404 11,312,822 Operating Grants and Contributions - - - - 31,498 - - - 131,600 133,195 Capital Grants and Contributions - 2,984,671 - - - 415,000 53,404 3,041,141 1,448,044 1,125,750 Total Program Revenues 21,513,949 25,894,561 23,669,165 24,115,894 23,654,183 25,863,662 29,336,671 32,870,365 28,335,144 27,330,069 Net(Expense)Revenue (1,120,087) 1,126,210 (1,596,746) (1,483,770) (3,084,889) (1,666,839) (217,152) 3,178,241 (1,485,279) (593,976) GENERAL REVENUES AND TRANSFERS Grants and Contributions Not Restricted - - - - - 4,016 - - - - to Specific Programs Investment Income 411,579 408,407 243,231 13,312 12,379 35,297 35,758 16,310 47,166 58,050 Transfers (817,328) (883,021) (190,817) (690,226) (1,789,869) (1,270,000) (1,170,364) (1,257,645) (1,414,800) 278,484 Total General Revenues and Transfers (405,749) (474,614) 52,414 (676,914) (1,777,490) (1,230,687) (1,134,606) (1,241,335) (1,367,634) 336,534 Change in Net Position $ (1,525,836)$ 651,596 $ (1,544,332)$ (2,160,684)$ (4,862,379)$ (2,897,526)$ (1,351,758)$ 1,936,906 $ (2,852,913)$ (257,442) Prior to 2011,Water and Sewer were combined. 159 City of Eden Prairie, Minnesota Fund Balances-Governmental Funds Last Ten Years 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 GENERAL FUND Reserved $ 1,145,293 $ 253,954 $ 138,507 $ 55,864 $ 66,238 $ - $ - $ - $ - $ - Unreserved 18,042,399 19,392,450 20,292,813 20,535,345 20,877,251 - - - - - Nonspendable - - - - - 18,266 52,190 24,702 39,844 22,947 Unassigned - - - - - 21,162,123 21,069,050 21,509,541 22,292,187 22,859,810 Subtotal General Fund 19,187,692 19,646,404 20,431,320 20,591,209 20,943,489 21,180,389 21,121,240 21,534,243 22,332,031 22,882,757 General Fund%Change (10.1%) 2.4% 4.0% 0.8% 1.7% 1.1% (0.3%) 2.0% 3.7% 2.5% ALL OTHER GOVT FUNDS Reserved 6,299,082 6,314,553 159,698 141,011 118,186 - - - - - Unreserved Special Revenue 579,738 587,431 516,296 556,462 548,831 - - - - - Debt Service (223) (1,162) 6,352,188 5,084,425 4,383,750 - - - - - Capital Projects 31,749,345 18,556,887 18,912,365 18,890,716 19,775,005 - - - - - Permanent 139,106 139,965 142,094 143,045 140,584 - - - - - Nonspendable - - - - - 812,151 537,530 538,620 542,619 1,938,628 Restricted - - - - - 15,261,699 22,281,089 20,876,780 23,065,276 10,891,614 Assigned - - - - - 17,951,086 34,326,050 28,275,391 28,510,594 22,935,181 Unassigned - - - - - (3,687,585) (4,308,281) (3,859,192) (6,295,915) (6,572,969) Subtotal All Other Govt'Funds 38,767,048 25,597,674 26,082,641 24,815,659 24,966,356 30,337,351 52,836,388 45,831,599 45,822,574 29,192,454 TOTAL GOVT.FUNDS Reserved 7,444,375 6,568,507 298,205 196,875 184,424 - - - - - Unreserved 50,510,365 38,675,571 46,215,756 45,209,993 45,725,421 - - - - - Nonspendable - - - - - 830,417 589,720 563,322 582,463 1,961,575 Restricted - - - - - 15,261,699 22,281,089 20,876,780 23,065,276 10,891,614 Assigned - - - - - 17,951,086 34,326,050 28,275,391 28,510,594 22,935,181 Unassigned - - - - - 17,474,538 16,760,769 17,650,349 15,996,272 16,286,841 Total Govt'Funds $ 57,954,740 $ 45,244,078 $ 46,513,961 $ 45,406,868 $ 45,909,845 $ 51,517,740 $ 73,957,628 $ 67,365,842 $ 68,154,605 $ 52,075,211 All Govt Funds%Change 26.1% (21.9%) 2.8% (2.4%) 1.1% 12.2% 43.6% (8.9%) 1.2% (23.6%) GASB 54 was implemented in 2011 160 City of Eden Prairie, Minnesota Changes in Fund Balances-Governmental Funds (modified accrual basis of accounting) Last Ten Years SOURCE 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 REVENUES Taxes and Special Assessments $ 33,053,204 $ 35,309,781 $ 36,036,370 $ 36,547,460 $ 36,494,481 $ 35,876,027 $ 37,518,214 $ 38,119,497 $ 37,189,846 $ 44,259,324 Licenses and Permits 3,484,074 3,414,545 3,318,249 2,386,956 3,119,449 3,363,293 5,631,529 7,956,114 7,084,975 6,686,477 Intergovernmental Revenue 4,347,179 3,064,142 4,332,864 4,114,295 2,437,441 5,215,943 7,368,558 1,886,954 8,582,993 6,299,840 Charges for Services 3,011,863 2,881,485 4,106,763 3,506,697 3,919,848 4,202,734 4,394,544 4,532,269 4,841,857 4,864,818 Fines and Forfeits 419,745 433,369 384,509 444,979 496,449 557,512 603,126 420,552 406,210 344,384 Investment Income 2,807,250 3,101,558 1,811,199 638,483 406,281 224,379 195,657 140,303 216,895 276,176 Miscellaneous Revenue 2,950,874 4,597,037 2,386,186 1,556,312 1,609,244 1,488,991 2,469,125 2,265,545 1,647,534 7,098,463 Total Revenues 50,074,189 52,801,917 52,376,140 49,195,182 48,483,193 50,928,879 $ 58,180,753 55,321,234 59,970,310 69,829,482 EXPENDITURES General Government 14,420,850 13,579,878 14,236,199 9,152,896 8,726,894 8,768,528 - - - - Administration - - - - - - 3,634,743 3,634,004 3,946,531 3,809,732 Community Development - - - - - - 6,228,446 5,661,300 5,224,034 7,666,282 Public Safety 12,065,308 12,252,120 14,712,895 16,175,725 16,789,050 16,822,991 - - - - Police - - - - - - 12,362,179 12,696,678 13,079,303 13,704,796 Fire - - - - - - 5,190,539 5,300,536 5,664,111 5,754,747 Public Works 5,457,284 5,867,387 5,368,645 5,541,838 5,277,652 5,278,935 5,448,793 5,685,295 5,915,849 5,869,727 Parks and Recreation 4,598,217 4,969,495 6,106,885 8,671,355 8,874,758 8,790,806 9,591,618 9,949,401 10,255,620 10,571,858 Capital Outlay 10,000,224 25,478,947 13,517,922 8,188,289 5,919,859 8,696,679 8,558,743 13,946,660 21,000,674 31,265,363 Miscellaneous 242,555 275,397 210,039 130,251 42,967 17,256 29,641 7,996 25,547 39,283 Debt Service Principal 3,284,606 3,608,823 3,887,918 4,308,577 3,910,749 4,077,751 4,415,603 3,182,019 3,178,107 3,974,224 Interest 1,162,050 1,486,112 1,448,514 1,588,937 1,361,443 1,250,401 1,194,117 1,480,194 1,127,862 1,304,947 Other 154,805 38,908 55,872 118,782 44,075 96,169 249,671 8,937 144,530 22,517 Total Expenditures 51,385,899 67,557,067 59,544,889 53,876,650 50,947,447 53,799,516 56,904,093 61,553,020 69,562,168 83,983,476 Excess of Revenues Over (Under)Expenditures (1,311,710) (14,755,150) (7,168,749) (4,681,468) (2,464,254) (2,870,637) 1,276,660 (6,231,786) (9,591,858) (14,153,994) Other Financing Sources(Uses) 13,309,047 2,960,721 8,438,632 3,574,375 2,967,231 8,478,532 21,163,228 (360,000) 10,380,621 (1,925,400) Net Change in Fund Balance $ 11,997,337 $ (11,794,429) $ 1,269,883 $ (1,107,093) $ 502,977 $ 5,607,895 $ 22,439,888 $ (6,591,786) $ 788,763 $ (16,079,394) Debt Service as a%of Noncapital Expenditures 10.9% 11.6% 11.2% 12.3% 11.1% 11.5% 11.0% 8.0% 7.5% 7.9% Prior to 2012 General Government included Administration and Community Development;Public Safety included Police and Fire. 161 City of Eden Prairie, Minnesota Assessed/Tax Capacity Value and Estimated Market Value of Property Last Ten Years Tax Capacity Tax Tax Capacity Less: Less: Total Total Estimated Annual Payable Personal Commercial Farm& Before Fiscal Tax Assessed Direct Market % Dec.31 Property Residential Apartments &Industrial Other Deductions Disparities Increment Value Tax Rate Value Change 2006 $ 1,202,194 $ 65,779,883 $ 5,700,405 $ 30,783,022 $ 1,187,555 $ 104,653,059 $ 11,557,916 $ 2,396,480 $ 90,698,663 28.782$ 8,593,444,425 10.8% 2007 1,316,149 71,553,209 6,443,883 35,401,780 1,005,179 115,720,200 12,573,128 2,804,557 100,342,515 28.050 9,439,037,100 9.8% 2008 1,282,145 76,169,571 6,657,437 39,973,888 53,761 124,136,802 14,480,546 3,145,493 106,510,763 27.177 9,961,912,400 5.5% 2009 1,262,207 76,242,150 6,418,903 41,524,663 58,691 125,506,614 16,186,185 3,239,713 106,080,716 27.271 10,019,575,800 0.6% 2010 1,250,594 72,344,688 5,912,957 40,911,206 63,679 120,483,124 16,806,832 3,274,193 100,402,099 28.742 9,577,402,500 (4.4%) 2011 1,329,101 67,232,552 5,459,256 37,490,576 59,884 111,571,369 16,432,584 2,863,585 92,275,200 31.239 8,899,287,500 (7.1%) 2012 1,358,537 62,647,985 5,522,804 36,820,370 62,140 106,411,836 15,040,117 2,860,791 88,510,928 33.250 8,647,405,200 (2.8%) 2013 1,480,936 59,466,380 5,959,818 36,840,974 51,531 103,799,639 14,637,037 2,990,202 86,172,400 34.617 8,483,358,400 (1.9%) 2014 1,536,795 59,699,056 6,723,391 37,928,219 75,620 105,963,081 14,732,733 3,137,785 88,092,563 34.709 8,627,122,700 1.7% 2015 1,581,718 63,907,631 7,045,373 38,765,135 49,597 111,349,454 15,719,259 2,933,721 92,696,474 33.954 9,078,339,200 5.2% Percentages 2006 1.1% 62.9% 5.4% 29.4% 1.1% 12.7% 2.6% 2007 1.1% 61.8% 5.6% 30.6% 0.9% 12.5% 2.8% 2008 1.0% 61.4% 5.4% 32.2% 0.0% 13.6% 3.0% 2009 1.0% 60.7% 5.1% 33.1% 0.0% 15.3% 3.1% 2010 1.0% 60.0% 4.9% 34.0% 0.1% 16.7% 3.3% 2011 1.2% 60.3% 4.9% 33.6% 0.1% 17.8% 3.1 2012 1.3% 58.9% 5.2% 34.6% 0.1% 17.0% 3.2% 2013 1.4% 57.3% 5.7% 35.5% 0.0% 17.0% 3.5% 2014 1.5% 56.3% 6.3% 35.8% 0.1% 16.7% 3.6% 2015 1.4% 57.4% 6.3% 34.8% 0.0% 17.0% 3.2% Source: City Assessing Department and Hennepin County 162 City of Eden Prairie, Minnesota Direct and Overlapping Property Tax Rate Last Ten Years Tax Capacity Rates Direct Rates Overlapping Rates Year Total School School School Watershed Watershed Watershed Ended City HRA City Hennepin Special District District District District District District Dec.31 Rate Rate Rate County Districts(1) #270 #272 #276 #1 #2 #4 2006 28.561 0.221 28.782 41.016 6.998 21.565 23.187 22.952 1.106 0.315 0.787 2007 27.861 0.189 28.050 39.110 7.480 19.019 23.727 24.793 1.107 0.291 0.743 2008 26.998 0.179 27.177 38.571 7.397 19.218 23.425 17.980 1.149 0.432 1.302 2009 27.092 0.179 27.271 40.413 7.154 20.080 24.691 17.186 1.246 0.936 1.246 2010 28.553 0.189 28.742 42.640 8.138 23.050 25.959 18.657 1.293 0.520 1.279 2011 31.034 0.205 31.239 45.840 9.172 26.456 28.420 21.274 1.317 0.264 1.352 2012 33.036 0.214 33.250 48.231 9.523 29.270 29.292 23.015 1.388 0.445 1.387 2013 34.397 0.220 34.617 49.461 10.089 29.730 29.067 24.487 1.394 0.634 1.561 2014 34.493 0.216 34.709 49.959 10.561 32.358 27.817 24.374 1.490 0.759 1.880 2015 33.749 0.205 33.954 46.398 10.785 30.340 22.030 25.093 1.315 0.686 1.855 Market Value Rates Overlapping Rates Year City School School School Ended Direct District District District Dec.31 Rate #270 #272 #276 2006 0.0177 0.151 0.173 0.177 2007 0.0183 0.141 0.156 0.165 2008 0.0172 0.138 0.146 0.203 2009 0.0171 0.130 0.145 0.202 2010 0.0173 0.139 0.157 0.202 2011 0.0187 0.148 0.162 0.226 2012 0.0155 0.160 0.158 0.225 2013 0.0146 0.162 0.165 0.246 2014 0.0122 0.197 0.167 0.270 2015 0.0100 0.179 0.244 0.264 (1)Special Districts include Metropolitan Council, Regional Transit Board, Metropolitan Mosquito Control, County Park Museum, & Hennepin Suburban Parks 163 City of Eden Prairie, Minnesota Principal Property Taxpayers For the Year Ended December 31, 2015 and 2006 2015 2006 Percentage Percentage Tax of Total Tax of Total Taxpayer Capacity Tax Capacity Taxpayer Capacity Tax Capacity United Healthcare Sery Inc $ 2,376,870 2.1% Eden Prairie Mall, LLC $ 1,976,760 1.9% CAPREF Eden Prairie, LLC(Eden Prairie Mall) 2,170,680 1.9% Liberty Property Ltd Partnership 1,959,620 1.9% Liberty Property Limited Partnership 1,008,380 0.9% First Industrial LP 908,552 0.9% AGNL Health 815,130 0.7% ADC Telecommunications, Inc 891,650 0.9% PRIT Core Realty Holdings LLC 790,691 0.7% Lifetouch, Inc. 726,480 0.7% CPE Holding 32607 LLC, Etal 640,090 0.6% United Healthcare Service Inc. 589,280 0.6% Lifetouch Inc. 610,762 0.5% Gelco Corp. 518,830 0.5% Gelco Corp. 553,420 0.5% Well-Prop(Multi) LLC 498,620 0.5% Windsor Plaza LLC 536,298 0.5% Eden Prairie RPF III Ltd Partnership 487,438 0.5% Krause-Anderson, Inc. 505,990 0.5% IRET Properties 447,176 0.4% Total Principal Taxpayers 10,008,311 9.0% 9,004,406 8.6% All Other Taxpayers 101,341,143 91.0% 95,648,653 91.4% Total $ 111,349,454 100.0% $ 104,653,059 100.0% Source: City of Eden Prairie Assessing Department 164 City of Eden Prairie, Minnesota Property Tax Levies and Collections Last Ten Years Collected Within the Year Current Year Levy Collections Total Collections to Date Ended Taxes % of in Subsequent % of Dec. 31 Levied Amount Levy Years Amount Levy 2006 $ 28,468,831 $ 28,242,002 99.20% $ 226,829 $ 28,468,831 100.00% 2007 30,657,304 30,422,094 99.23% 235,210 30,657,304 100.00% 2008 31,514,657 31,263,472 99.20% 251,185 31,514,657 100.00% 2009 31,773,143 31,278,850 98.44% 448,433 31,727,283 99.86% 2010 31,719,631 31,299,275 98.67% (76,994) 31,222,281 98.43% 2011 31,719,631 31,355,647 98.85% (19,643) 31,336,004 98.79% 2012 32,458,990 32,193,272 99.18% (68,851) 32,124,421 98.97% 2013 32,749,320 32,519,542 99.30% (10,332) 32,509,211 99.27% 2014 33,220,111 32,881,280 98.98% 57,664 32,938,944 99.15% 2015 33,992,311 33,675,337 99.07% - 33,675,337 99.07% Source: Hennepin County 165 City of Eden Prairie, Minnesota Legal Debt Margin Last Ten Years 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 Estimated Market Value $ 8,593,444,425 $ 9,439,037,100 $ 9,961,912,400 $ 10,019,575,800 $ 9,577,402,500 $ 8,899,287,500 $ 8,647,405,200 $ 8,483,358,400 $ 8,627,122,700 $ 9,078,339,200 Legal Debt Margin: Debt Limit:3%of Market Value(1) 171,868,889 188,780,742 298,857,372 300,587,274 287,322,075 266,978,625 259,422,156 254,500,752 258,813,681 272,350,176 Amount of Debt Applicable to Debt Limit: General Obligation Bonds 23,412,349 21,880,492 23,362,852 25,475,910 23,222,670 25,866,940 31,874,239 29,464,744 17,906,759 13,499,232 Tax Abatement Bonds - - - - - - - - 17,598,269 17,575,537 Deductions: Amt Available for Repayment of Bonds(2) 1,145,695 1,585,677 1,825,816 4,998,653 4,819,457 6,013,879 4,207,601 2,650,363 1,715,750 2,032,109 Total Debt Applicable to Limit 22,266,654 20,294,815 21,537,036 20,477,257 18,403,213 19,853,061 27,666,638 26,814,381 33,789,278 29,042,660 Legal Debt Margin $ 149,602,235 $ 168,485,927 $ 277,320,336 $ 280,110,017 $ 268,918,862 247,125,564 231,755,518 227,686,371 225,024,403 243,307,516 As a%of Debt Limit 87.0% 89.2% 92.8% 93.2% 93.6% 92.6% 89.3% 89.5% 86.9% 89.3% 1-In 2008 Debt Limit was changed from 2%to 3% 2-Amt Available for Repayment of Bonds only includes"Restricted Debt"of General Obligation and Tax Abatement Bonds 166 City of Eden Prairie, Minnesota Ratios of Outstanding Debt by Type Last Ten Years Business-Type Governmental Activities Activities Special Year General Lease Assessments Tax Total Percentage Ended Obligation Revenue Improvement Abatement Contract Capital Loans Govt' Revenue of Personal Per Dec.31 Bonds Bonds Bonds Bonds for Deed Lease Payable Bonds Bonds Total Income(1) Capita(2) 2006 $ 23,412,349 $ 8,195,000 $ 7,842,178 $ - $ - $ 142,773 $ 968 $ 39,593,268 $ 5,642,841 $ 45,236,109 * $ 706 2007 21,880,492 8,790,000 6,722,485 - - 115,918 - 37,508,895 2,880,400 40,389,295 * 619 2008 23,362,852 7,695,000 7,528,073 - - 123,076 - 38,709,001 - 38,709,001 * 618 2009 25,475,910 4,885,162 6,362,675 - - 83,500 - 36,807,247 - 36,807,247 * 581 2010 23,222,670 3,815,884 6,981,020 - - 42,751 - 34,062,325 - 34,062,325 * 543 2011 25,866,940 2,686,606 8,143,367 - - - - 36,696,913 4,271,215 40,968,128 * 670 2012 31,874,239 1,425,000 18,137,531 - - 174,719 - 51,611,489 3,829,969 55,441,458 * 894 2013 29,464,744 1,360,000 15,658,107 - - 132,700 - 46,615,551 3,383,723 49,999,274 * 806 2014 17,906,759 1,290,000 14,834,596 17,598,269 - 89,593 - 51,719,217 2,927,476 54,646,693 * 871 2015 13,499,232 1,220,000 12,289,647 17,575,537 - 45,369 - 44,629,785 2,466,230 47,096,015 * 752 (1)See Demographic and Economic Statistics for personal income (2)See Demographic and Economic Statistics for population *Information is not available 167 City of Eden Prairie, Minnesota Ratios of Total Debt Outstanding by Type Last Ten Years Ratio of Net Year General Tax Less Amounts Bonded Debt Ended Obligation Abatement Available in Debt to Estimated Per Dec. 31 Debt (1) Bonds Service Fund Total Market Value (2) Capita (3) 2006 $ 23,412,349 (4) - $ 1,145,695 $ 22,266,654 0.26% $ 343 2007 21,880,492 - 1,585,677 20,294,815 0.22% 311 2008 23,362,852 - 1,825,816 21,537,036 0.23% 344 2009 25,475,910 - 4,998,653 20,477,257 0.20% 323 2010 23,222,670 - 4,819,457 18,403,213 0.19% 294 2011 25,866,940 - 6,013,879 19,853,061 0.22% 325 2012 31,874,239 - 4,207,601 27,666,638 0.32% 446 2013 29,464,744 - 2,650,363 26,814,381 0.32% 432 2014 17,906,759 17,598,269 1,715,750 33,789,278 0.39% 539 2015 13,499,232 17,575,537 2,032,109 29,042,660 0.32% 464 (1)Amount Does not Include Special Assessment Improvement or Revenue Bonds. (2) See "Taxable Assessed Value and Estimated Actual Value of Property"for Market Value (3) See Demographic and Economic Statistics for Population (4) 2006 Includes $8.4 million in Debt for the Park Referendum 168 City of Eden Prairie, Minnesota Computation of Direct and Overlapping Bonded Debt December 31, 2015 Percent Debt of Debt Net Debt Gross Service Net Applicable Applicable Governmental Unit Debt(1) Funds Debt to City(2) to City Direct Debt: City of Eden Prairie $ 44,629,785 $ 4,918,180 $ 39,711,605 100.00% $ 39,711,605 Overlapping Debt: Hopkins ISD 270 $ 167,575,000 2,266,113 $ 165,308,887 5.71% $ 9,439,137 Eden Prairie ISD 272 66,315,000 8,322,793 57,992,207 97.71% 56,664,185 Minnetonka ISD 276 108,315,169 16,444,590 91,870,579 2.64% 2,425,383 Hennepin County 706,625,000 17,108,816 689,516,184 7.40% 51,024,198 Henn Suburban Park District 63,510,000 13,913,503 49,596,497 10.09% 5,004,287 Henn Regional RR Authority 34,695,000 305,502 34,389,498 10.09% 3,469,900 Metropolitan Council 206,020,000 138,855,520 67,164,480 3.44% 2,310,458 Total Overlapping Debt 1,353,055,169 197,216,837 1,155,838,332 130,337,549 Total Direct and Overlapping Debt $ 1,397,684,954 $ 202,135,017 $ 1,195,549,937 $ 170,049,154 Notes: 1 -Excluding general obligation bonds reported in the enterprise funds 2-The percentage of overlapping debt applicable is estimated using taxable assessed property values. Applicable percentages were estimated by determining the portion of the county's taxable assessed value that is within the City's boundaries and dividing it by the county's total taxable assessed value. 169 City of Eden Prairie, Minnesota Demographic and Economic Statistics Last Ten Years Governmental Activities Household Per Median Capita Median School Unemployment Year Population Income Income Age Enrollment Rate 2006 64,846 * * * 9,771 2.9% 2007 65,257 * * * 9,806 3.4% 2008 62,210 (1) * * * 9,702 4.0% 2009 63,314 (1) * * * 9,689 6.4% 2010 62,683 (1) $ 85,509 * 37.2 9,620 6.1 2011 61,151 (1) * * * 9,260 5.2% 2012 62,004 (1) * * * 9,129 4.6% 2013 62,004 (1) * * * 9,141 4.0% 2014 62,729 (1) * * * 9,017 2.4% 2015 62,593 (1) * * * 8,857 2.3% Sources: City of Eden Prairie Planning Department Minnesota Department of Trade and Economic Development "Community Profile" Minnesota Local Area Unemployment Statistics File Minnesota Workforce Center Eden Prairie School District 272 - Enrollment History Website * Data is not available 1) Using Met Council numbers 170 City of Eden Prairie, Minnesota Principal Employers For the Year Ended December 31, 2015 and 2006 2015 2006 Percentage Percentage of Total of Total Employer Employees City Employment Employer Employees City Employment Optum 6,375 11.2% EP School District#272 1,400 2.5% Rosemount- Emerson 1,900 3.3% GE Capital 1,200 2.2% CH Robinson 1,706 3.0% Rosemount 1,200 2.2% Starkey Labs 1,700 3.0% CH Robinson 1,076 2.0% EP School District#272 1,580 2.8% Super Valu Stores Inc. 900 1.6% Super Valu Stores Inc. 1,200 2.1% Deli Express 842 1.5% Cigna 954 1.7% MTS Systems Corp. 791 1.4% Eaton Corp. 850 1.5% Life Touch 558 1.0% Kroll On-Track 808 1.4% Eaton Corp. 500 0.9% MTS Systems Corp. 838 1.5% Digital River 500 0.9% Total Principal Employer 17,911 31.5% 8,967 16.3% Other Employers 38,913 68.5% 46,033 83.7% Total Employers 56,824 100.0% 55,000 100.0% Source: City Community Development Division Included 2006 Data Which is the First Year that Data was Available. 171 City of Eden Prairie, Minnesota Employees by Function Last Ten Years 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 Governmental Funds: Administration City Manager City Manager 1 1 1 1 1 1 1 1 1 1 Assistant to the City Manager 1 1 1 - - - - - - - Administrative Assistant 1 1 1 1 1 1 1 1 1 1 3 3 3 2 2 2 2 2 2 2 City Clerk City Clerk 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Communication Services Communications Manager 1 1 1 1 1 1 1 1 1 1 Sr.Communications Coordinator 1 1 1 1 1 1 1 1 1 Communications Coordinator 1 1 1 1 1 1 1 1 1 1 Technician II 1 - - - - - - - - - Assistant Communications Coordinator - - - - - - - 0.50 0.50 0.50 3 3 3 3 3 3 3 3.50 3.50 3.50 Finance Finance Manager 1 1 1 1 1 1 1 1 1 1 Finance Supervisor 1 1 1 1 1 1 1 1 1 1 Accountant 1.50 1.50 1.50 1.50 1.50 1.50 1.50 1.50 1.50 1.50 Accounts Payable Technician I 1 1 1 1 1 1 1 1 1 1 Senior Accounting Clerk 1 1 1 - - - - - - - Payroll Technician III 1 1 1 1 - - - - - - Technician I 1 1 1 1 1 1 1 1 1 1 7.50 7.50 7.50 6.50 5.50 5.50 5.50 5.50 5.50 5.50 Source: Human Resource department 172 City of Eden Prairie, Minnesota Employees by Function Last Ten Years 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 Governmental Funds: Administration Customer Service Customer Service/Office 3.80 4.05 4.05 4.05 4.05 3.55 3 3 3 3 3.80 4.05 4.05 4.05 4.05 3.55 3 3 3 3 Human Resources Human Resources Manager 1 1 1 1 1 1 1 1 1 1 Human Resources Supervisor 1 1 1 1 1 1 1 1 1 1 Human Resources Representative 1 1 0.60 0.75 0.75 0.75 0.75 1 1.70 1.80 Organization Development Specialist 0.50 0.50 0.60 1 - - - - - - Human Resources Tech II 0.75 0.75 1 1 1 1 1 1 1 1 Payroll Technician Ill - - - - 1 1 1 1 1 1 4.25 4.25 4.20 4.75 4.75 4.75 4.75 5 5.70 5.80 Community Development Assessing City Assessor 1 1 1 1 1 1 1 1 1 1 Appraiser 5 5 5 5 5 5 5 5 5 5 Technician I 1 1 1 1 1 1 1 1 1 1 7 7 7 7 7 7 7 7 7 7 Planning Planning City Planner 1 1 1 1 1 1 1 1 1 1 Senior Planner 1 1 1 1 1 1 1 2 1 1 Planner 1.65 1.65 2.15 1.50 1.50 1.50 1.50 0.60 1.60 1.70 Heritage Preservation Specialist 1 1 0.50 - - - - - - - Administrative Assistant I 1 1 1 1 1 1 1 1 1 1 5.65 5.65 5.65 4.50 4.50 4.50 4.50 4.60 4.60 4.70 Community Development Community Development Director 1 1 1 0.90 0.90 1 1 1 1 1 Administrative Assistant I 1 1 1 - - - 0.50 1 1 1 2 2 2 0.90 0.90 1 1.50 2 2 2 Economic Development Manager of Economic Development 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Source: Human Resource department 173 City of Eden Prairie, Minnesota Employees by Function Last Ten Years 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 Governmental Funds: Administration Housing and Community Services Manager of Housing&Community Sry 1 1 1 1 1 1 1 1 1 1 Community Services Coordinator 1 1 0.50 0.50 0.50 0.50 0.25 0.25 - - Community Services Technician 1 1 1 0.50 0.50 0.50 0.75 0.75 0.75 0.75 3 3 2.50 2 2 2 2 2 1.75 1.75 Parks and Recreation Park Administration Park and Recreation Director 1 1 1 1 1 1 1 1 1 1 Administrative Assistant II 1 1 1 1 1 1 1 1 1 1 2 2 2 2 2 2 2 2 2 2 Park&Natural Resources Manager of Parks and Natural Resource 1 1 1 1 1 1 1 1 1 1 Forestry Technician 1 1 1 1 1 1 1 1 1 1 Supervisor of Park Maintenance 1 1 1 1 1 1 1 1 1 1 Supervisor Park Construction/Repair 1 1 1 1 1 1 1 1 1 1 Maintenance Worker Parks 16 16 16 16 16 16 16 16 16 16 20 20 20 20 20 20 20 20 20 20 Recreation Programming Recreation Manager 1 1 1 1 1 1 1 1 1 1 Recreation Supervisor 4 4 4 3.50 3.50 3.50 3.25 3.25 3.25 3.25 Outdoor Center/Nature Programmer 0.60 0.60 0.60 0.60 0.60 0.60 0.60 0.60 0.60 0.60 5.60 5.60 5.60 5.10 5.10 5.10 4.85 4.85 4.85 4.85 Community Center Recreation Supervisor 2 2 2 2 2 2 2 2 2 2 Community Center Manager 1 1 1 1 1 1 1 1 1 1 Customer Support/Accounting Tech 2 2.50 2.50 2.50 2.50 2.50 2.50 2.50 2.50 2.50 5 5.50 5.50 5.50 5.50 5.50 5.50 5.50 5.50 5.50 Art Center Manager-Art Center - - 0.50 0.50 0.50 0.50 0.75 0.75 0.75 0.75 0 0 0.50 0.50 0.50 0.50 0.75 0.75 0.75 0.75 Source: Human Resource department 174 City of Eden Prairie, Minnesota Employees by Function Last Ten Years 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 Governmental Funds: Parks and Recreation Senior Center Recreation Supervisor Recreation Coordinator 1 1 1 1 1 1 1 1 1 1 Administrative Assistant I 1 1 1 1 1 1 1 1 1 1 2 2 2 2 2 2 2 2 2 2 Police Police Police Chief 1 1 1 1 1 1 1 1 1 1 Deputy Police Chief 1 1 1 1 1 1 1 1 1 1 Lieutentants 4 3 3 3 3 3 3 3 3 3 Sergeants 12 12 12 12 12 12 12 12 12 12 Police Officers 47 48 49 48 48 48 49 49 49 49 Animal Control Officer 2 2 2 2 2 2 2 2 2 2 Telecommunications Supervisor 1 1 1 1 1 1 1 1 1 1 Telecommunicators 9.50 9.50 10 10 10 10 10.50 10.50 10.50 10.50 Records Supervisor 1 1 1 1 1 1 1 1 1 1 Records Tech 6.75 6.75 6.75 6.75 6.75 6.75 6 6 6 6 Investigative Aide 1 1 1 1 1 1 1 1 1 1 Administrative Assistant 1 1 1 1 1 1 1 1 1 1 Customer Service/Office Assistant 1 1 1 1 1 1 - - - - Law Enforcement Analyst - 1 1 1 1 1 1 1 1 1 Projects Coordinator 0.60 0.60 0.60 0.60 0.60 0.60 0.60 0.50 0.50 0.50 Zoning Administrator 0.80 1 1 1 1 1 1 1 1 1 89.65 90.85 92.35 91.35 91.35 91.35 91.10 91 91 91 Fire Fire Fire Chief 1 1 1 1 1 1 1 1 1 1 Assistant Fire Chief 0.50 1 1 1 1 2 2 2 2 2 Fire Marshal 1 1 1 0.80 0.80 - - - - - Fire Prevention Specialist 3 3 3 3 3 3 3 3 3 3 Rental Housing Inspector 1 1 1 1 1 1 1 1 1 1 Electronic Communications Specialist 1 1 1 1 1 1 1 1 1 1 Administrative Assistant II 1 1 1 1 1 1 1 1 1 1 8.50 9 9 8.80 8.80 9 9 9 9 9 Source: Human Resource department 175 City of Eden Prairie, Minnesota Employees by Function Last Ten Years 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 Governmental Funds: Fire Inspections Manager of Building Inspections 1 1 1 1 1 1 1 1 1 1 Building Inspectors II 7 7 7 6 6 6 6 6 6 6 Technician I 2 2 2 2 2 2 2 2 2 2 Technician II 1 1 1 - - - - - - - 11 11 11 9 9 9 9 9 9 9 Public Works Engineering Public Works Director 0.80 0.80 0.80 0.80 0.80 0.80 0.80 0.80 0.80 0.80 City Engineer 1 1 1 1 1 1 1 1 1 1 Assistant City Engineer 1 1 1 1 1 1 1 1 1 1 Engineering Technician I 1 1 1 1 1 1 1 1 1 1 Engineering Technician II 1 1 1 - - - - - - - Senior Project Engineer 1 1 1 1 1 1 1 1 1 2 Senior Traffic Engineer 1 1 1 - - - - - - - Engineering Project Coordinator 1 1 1 1 - - - - - - Senior Engineering Tech 3.50 3.50 3.50 3.50 3.50 3.50 3.50 3.50 3.50 3.50 Administrative Assistant II 1 1 1 - - - - - - - 12.30 12.30 12.30 9.30 8.30 8.30 8.30 8.30 8.30 9.30 Streets&Traffic Manager of Street Maintenance 1 1 1 1 1 1 1 1 1 1 Maintenance Workers 14 14 14 13 13 13 13 13 13 13 Administrative Assistant I 1 1 1 1 1 1 1 1 0.50 0.50 16 16 16 15 15 15 15 15 14.50 14.50 Total Governmental Funds Administration 22.55 22.80 22.75 21.30 20.30 19.80 19.25 20.00 20.70 20.80 Community Development 18.65 18.65 18.15 15.40 15.40 15.50 16.00 16.60 16.35 16.45 Parks&Recreation 34.60 35.10 35.60 35.10 35.10 35.10 35.10 35.10 35.10 35.10 Police 89.65 90.85 92.35 91.35 91.35 91.35 91.10 91.00 91.00 91.00 Fire 19.50 20.00 20.00 17.80 17.80 18.00 18.00 18.00 18.00 18.00 Public Works 28.30 28.30 28.30 24.30 23.30 23.30 23.30 23.30 22.80 23.80 213.25 215.70 217.15 205.25 203.25 203.05 202.75 204.00 203.95 205.15 Source: Human Resource department 176 City of Eden Prairie, Minnesota Employees by Function Last Ten Years 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 Enterprise Funds: Liquor Liquor Operations Manager 1 1 1 1 1 1 1 1 1 1 Purchasing/Event Manager - - - - - - - 1 1 1 Managers 3 3 3 3 3 3 3 3 3 3 Assistant Manager 2 2 2 2 2 2 3 3 3 3 Leads - - - - - - - 1 1 1 Senior Assistant Manager 1 1 1 1 1 1 - - - - Inventory Control Clerk 1 1 1 1 1 1 1 - - - 8 8 8 8 8 8 8 9 9 9 Utilities Public Works Director 0.20 0.20 0.20 0.20 0.20 0.20 0.20 0.20 0.20 0.20 Manager of Utilities 1 1 1 1 1 1 1 1 1 1 Water Treatment Supervisor 1 1 1 1 1 1 1 1 1 1 Water Treatment Lead - - 1 1 1 1 1 1 1 1 Water Treatment Maintenance Lead 1 1 1 1 1 1 1 1 1 1 Water Treatment Operators 8 8 8 8 8 9 9 9 9 9 Utility Field Operations Supervisor 1 1 1 1 1 1 1 1 1 1 Utility Field Operations Lead 1 1 1 1 1 1 1 1 1 1 Water Treatment Maintenance Techniciai 2 2 2 2 2 2 2 2 1 1 Utility Field Operators 11 11 11 11 11 11 11 11 11 11 Utility Meter Lead - - - - - - - - 1 1 Utility Operations Project Manager 1 1 1 - - - - - - - Project Coordinator - - - - 1 1 1 1 1 1 Storm Utility Maintenance Operator 1 1 1 1 1 1 1 1 1 Administrative Assistant 1 1 1 1 1 1 1 1 1 1 Technician II 1 1 1 1 1 1 1 1 1 1 Customer Service/Office Assistant 1 1 1 1 1 1 1 1 1 1 Environmental Coordinator 1 1 1 1 1 1 1 1 1 1 Senior Engineering Tech 0.50 0.50 0.50 0.50 0.50 0.50 0.50 0.50 0.50 0.50 31.70 32.70 33.70 32.70 33.70 34.70 34.70 34.70 34.70 34.70 Source: Human Resource department 177 City of Eden Prairie, Minnesota Employees by Function Last Ten Years 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 Internal Service Funds: Workers Compensation Risk and Safety Analyst 0.50 0.50 0.50 0.50 0.50 0.50 0.50 0.40 0.50 0.50 0.50 0.50 0.50 0.50 0.50 0.50 0.50 0.40 0.50 0.50 Property Insurance Risk and Safety Analyst 0.50 0.50 0.50 0.50 0.50 0.50 0.50 0.40 0.50 0.50 0.50 0.50 0.50 0.50 0.50 0.50 0.50 0.40 0.50 0.50 Fleet Services Public Works Superintendent 1 1 1 1 1 1 1 1 1 - Fleet Services Supervisor - - - - - - - 1 1 1 Administrative Assistant I - - - - - - - - 0.50 0.50 Maintenance Worker 6 6 5 5 5 5 5 4 4 4 7 7 6 6 6 6 6 6 6.50 5.50 Facilities Facilities Manager 1 1 1 1 1 1 1 1 1 1 Facilities Supervisor 2 2 2 2 2 2 2 2 2 2 Facilities Engineer 2 2 3 3 3 3 3 3 4 4 Facilities Technician 2 2 2 2 2 2 2 2 2 2 Technician I 0.50 0.50 0.50 0.50 0.50 0.50 0.50 0.50 0.88 0.88 7.50 7.50 8.50 8.50 8.50 8.50 8.50 8.50 9.88 9.88 Information Technology Information Technology Manager 1 1 1 1 1 1 1 1 1 1 Technology Business Analyst 1 1 1 1 1 1 1 1 1 IT Systems Engineer 1 1 2 2 2 2 2 2 2 2 GIS Specialist - - 1 1 1 1 1 1 1 1 IT Systems Administrator 2 2 2 2 2 2 2 2 2 2 Technician I 0.50 0.50 0.50 0.50 0.50 0.50 - - - - 5.50 5.50 7.50 7.50 7.50 7.50 7 7 7 6 Grand Total 273.95 277.40 281.85 268.95 267.95 268.75 267.95 270.00 272.03 271.23 Source: Human Resource department 178 City of Eden Prairie, Minnesota Operating Indicators Last Ten Years 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 General Government Bond Rating-Moody's Investor Service Aaa Aaa Aaa Ma Ma Ma Ma Ma Ma Ma Bond Rating-Standard&Poors n/a n/a n/a n/a n/a n/a n/a n/a AAA AAA Housing and Human Services Number of Residents Served 2,500 2,500 3,000 3,000 3,100 3,000 3,300 3,300 3,500 3,500 Assessing: Number of Appraisals Completed 5,300 5,300 5,643 5,276 5,517 4,827 4,871 5,002 5,291 5,320 Parks and Recreation Avg Monthly Community Center Memberships n/a n/a 843 1,751 2,100 2,300 2,573 n/a n/a n/a Program Registrations 14,027 15,281 15,844 15,689 16,213 15,010 15,403 17,783 18,269 17,531 Public Safety Fire Number of Calls 888 1,011 1,233 1,247 1,633 1,143 1,169 1,601 1,614 1,617 Inspection Permits Issued 6,590 7,042 6,157 5,225 6,446 6,531 6,043 9,500 7,469 6,405 Building permit revenue $2,472,948 $2,583,884 $2,132,716 $1,287,258 $1,936,566 $2,094,901 $3,786,592 $4,410,616 $3,496,417 $3,059,075 Police Number of Calls 47,190 52,543 54,483 59,470 52,041 59,544 60,632 53,746 50,380 49,921 Public Works: Patching Materials(Tons) 2,500 2,500 1,900 2,500 2,800 2,700 2,000 2,500 2,400 1,555 Overlays(Tons) 26,027 19,900 24,600 31,800 26,300 22,400 23,200 24,000 26,488 29,602 Crack Filling Materials(Lbs) 200,000 200,000 112,000 200,000 200,000 200,000 328,000 200,000 154,944 32,000 Seal Coating(Sq Yards) 402,258 360,535 324,000 427,000 392,000 475,300 389,698 400,000 375,500 411,700 Water System: Number of Connections 18,607 18,745 18,794 18,800 18,948 18,971 19,076 19,195 19,269 19,312 Water Main Repairs 15 153 35 28 41 56 23 15 9 28 Number of Hydrant Flushed 4,062 3,998 4,122 4,234 4,224 4,158 4,267 4,217 4,326 4,311 Average Daily Usage 8.0 MGD 8.0 MGD 8.0 MGD 9.0 MGD 7.7 MGD 8.1 MGD 8.5 MGD 7.9 MGD 7.25 MGD 6.99 MGD Sewer System: Number of Connections 18,307 18,445 18,557 18,600 18,355 18,416 18,474 18,525 18,578 18,644 Miles of Sanitary Sewer Cleaned 60 65 50 75 80 94 85 65 75 81 Storm System: Number of Storm Sumps Maintained 138 63 157 101 93 61 70 61 103 78 Sources:Various City Departments MGD-Million Gallons Daily N/A-Not Available 179 City of Eden Prairie, Minnesota Capital Assets Statistics by Function Last Ten Years 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 Public Safety Fire Protection Number of Stations 4 4 4 4 4 4 4 4 4 4 Number of Volunteer Firefighters 79 95 95 95 96 93 89 95 90 92 Police Protection Number of Stations 1 1 1 1 1 1 1 1 1 1 Public Works Miles of City Streets 225 225 232 231 229 230 231 232 233 234 Parks and Recreation City Parks 43 43 43 43 43 43 43 43 43 43 Conservation Areas 5 15 15 15 15 15 15 15 15 15 Historic Sites 5 5 5 5 5 5 5 5 5 5 Special Use Areas 5 5 5 5 5 5 5 5 5 5 Miles of Trails 110 112 112 114 114 120 122 122 128 128 Water System Number of Wells 14 14 14 15 15 15 15 15 15 15 Total Pumping Capacity 22 MGD 22 MGD 22 MGD 22 MGD 24 MGD 24 MGD 26 MGD 28 MGD 28 MGD 28 MGD Total Storage Capacity 8.5M gals 8.5M gals 8.5M gals 8.5M gals 8.5M gals 8.5M gals 8.5M gals 8.5M gals 8.5 MG 8.5 MG Miles of Water Mains 264 265 265 268 269 317 321 323 326 326 Sewer System Miles of Sanitary Sewer 241 242 242 244 244 256 258 258 262 264 Miles of Storm Sewer 166 168 168 171 172 174 179 180 186 189 Sources:Various City Departments Note: No Capital Asset Indicators are Available for the General Government Functions. MGD - Million Gallons Daily 180 trg CliftonLarsonAllen LLP / CLAconner.com CliftonLarsonAllen INDEPENDENT AUDITORS' REPORT ON INTERNAL CONTROL OVER FINANCIAL REPORTING AND ON COMPLIANCE AND OTHER MATTERS BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS Honorable Mayor and Members of the City Council City of Eden Prairie, Minnesota We have audited, in accordance with the auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States, the financial statements of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information of the City of Eden Prairie, Minnesota (the City), as of and for the year ended December 31, 2015, and the related notes to the financial statements, which collectively comprise City's basic financial statements, and have issued our report thereon dated April 22, 2016. Internal Control Over Financial Reporting In planning and performing our audit of the financial statements, we considered the City's internal control over financial reporting (internal control) to determine the audit procedures that are appropriate in the circumstances for the purpose of expressing our opinions on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the City's internal control. Accordingly, we do not express an opinion on the effectiveness of the City's internal control. A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control, such that there is a reasonable possibility that a material misstatement of the entity's financial statements will not be prevented, or detected and corrected on a timely basis. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance. Our consideration of internal control was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control that might be material weaknesses or significant deficiencies. Given these limitations, during our audit we did not identify any deficiencies in internal control that we consider to be material weaknesses. However, material weaknesses may exist that have not been identified. NEXTAAn independent rrerrberof NeadaInternational IN T F,RN ATI ON AI. Honorable Mayor and Members of the City Council City of Eden Prairie, Minnesota Compliance and Other Matters As part of obtaining reasonable assurance about whether the City's financial statements are free from material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the determination of financial statement amounts. However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards. Purpose of this Report The purpose of this report is solely to describe the scope of our testing of internal control and compliance and the result of that testing, and not to provide an opinion on the effectiveness of the entity's internal control or on compliance. This report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the entity's internal control and compliance. Accordingly, this communication is not suitable for any other purpose. CliftonLarsonAllen LLP Minneapolis, Minnesota April 22, 2016 aiftonLarsonAlIen LLP CLAconnect.com CliftonLarsonAllen INDEPENDENT AUDITORS' REPORT ON MINNESOTA LEGAL COMPLIANCE Honorable Mayor and Members of the City Council City of Eden Prairie, Minnesota We have audited, in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Governmental Auditing Standards, issued by the Comptroller General of the United States, the financial statements of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information of the City of Eden Prairie, Minnesota (the City), as of December 31, 2015, and the related notes to the financial statements, which collectively comprise the City's basic financial statements and have issued our report thereon dated April 22, 2016. The Minnesota Legal Compliance Audit Guide for Cities promulgated by the State Auditor pursuant to Minnesota Statutes § 6.65 contains seven categories of compliance to be tested: contracting and bidding, deposits and investments, conflicts of interest, public indebtedness, claims and disbursements, miscellaneous provisions and tax increment financing. Our study included all of the listed categories. In connection with our audit, nothing came to our attention that caused us to believe that the City, Minnesota failed to comply with the provisions of the Minnesota Legal Compliance Audit Guide for Cities, except as described in the Schedule of Findings and Responses as item 2015-001. However, our audit was not directed primarily toward obtaining knowledge of such noncompliance. Accordingly, had we performed additional procedures, other matters may have come to our attention regarding the City's noncompliance with the above referenced provisions, insofar as they relate to accounting matters. The City's written response to the legal compliance finding identified in our audit is described in the Schedule of Findings and Recommendations. The City's response was not subjected to the auditing procedures applied in the audit of the financial statements and, accordingly, we express no opinion on it. The purpose of this report is solely to describe the scope of our testing of compliance relating to the provisions of the Minnesota Legal Compliance Audit Guide for Cities and the results of that testing and not to provide an opinion on compliance. Accordingly, this report is not suitable for any other purpose. Ne-7-4-,e_Za4-40-76mIZZe-,<_ CliftonLarsonAllen LLP Minneapolis, Minnesota April 22, 2016 NEXIAAn independent rreltercf NedaInternational IN T F,RN ATI ON AI. CITY OF EDEN PRAIRIE, MINNESOTA SCHEDULE OF FINDINGS AND RECOMMENDATIONS YEAR ENDED DECEMBER 31, 2015 Minnesota Legal Compliance Findings 2015-001 Condition: During 2015, the City made final payment to a contractor on a street project before obtaining a Form IC134. Criteria or specific requirement: Minnesota Statutes §16C.285 requires that before making settlement with a contractor, political subdivisions must obtain a contractor affidavit (or Form IC134) showing that said contractor and any subcontractors have fulfilled the requirements of Minnesota withholding tax laws. Context: We selected seven projects for testing; three of these projects were completed during the fiscal year. One of these three projects had not obtained a Form IC134 prior to making final settlement with the contractor. Effect: The City is not in compliance with Minnesota Statutes. Cause: Not obtaining the IC134 prior to making final payment on this project was simply an oversight by City staff. Recommendation: We recommend the City review its procedures to ensure it obtains the required documentation prior to making final payments on completed projects. Views of responsible officials and planned corrective actions: There is no disagreement with this finding. aiftonLarsonAllen LLP CLAconnect.com CliftonLarsonAllen Honorable Mayor and Members of the City Council City of Eden Prairie, Minnesota Eden Prairie, Minnesota We have audited the financial statements of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information of the City of Eden Prairie, Minnesota (the City) as of and for the year ended December 31, 2015, and have issued our report thereon dated April 22, 2016. We have previously communicated to you information about our responsibilities under auditing standards generally accepted in the United States of America and Government Auditing Standards, as well as certain information related to the planned scope and timing of our audit. Professional standards also require that we communicate to you the following information related to our audit. Significant audit findings Qualitative aspects of accounting practices Accounting policies Management is responsible for the selection and use of appropriate accounting policies. The significant accounting policies used by the City are described in Note 1 to the financial statements. As described in Note 1, during the fiscal year ended December 31, 2015, the City changed accounting policies related to its accounting for pensions by adopting Statement of Governmental Accounting Standards (GASB Statement) No. 68, Accounting and Financial Reporting for Pensions, and the related GASB Statement No. 71, Pension Transition for Contributions Made Subsequent to the Measurement Date-an amendment of GASB Statement No. 68. Accordingly, this change in principle resulted in the restatement of beginning net position related to the recognition of the City's proportionate share of the Public Employees' Retirement Association (PERA) of Minnesota General Employees' Retirement Fund's (GERF) and Public Employees' Police and Fire Fund's (PEPFF) net pension liabilities as well as the City's proportionate share of the Eden Prairie Fire Relief net pension liability. We noted no transactions entered into by the City during the year for which there is a lack of authoritative guidance or consensus. All significant transactions have been recognized in the financial statements in the proper period. Accounting estimates Accounting estimates are an integral part of the financial statements prepared by management and are based on management's knowledge and experience about past and current events and assumptions about future events. Certain accounting estimates are particularly sensitive because of their significance to the financial statements and because of the possibility that future events affecting them may differ significantly from those expected. The most sensitive estimates affecting the financial statements were: the useful lives of capital assets, the valuation of investments, other postemployment benefits, land held for resale and the City's proportionate share of the PERA's GERF and PEPFF and Eden Prairie Fire Relief's net pension liabilities, as well as the related deferred inflows and outflows. Management's estimate of the useful lives of capital assets is based on authoritative guidance and past experience. Management's estimate of the investments at fair value is based on published market values at December 31, 2015. • NEXIAAn independent nerty&ofNemIntemational NTER N ATI()N Al Honorable Mayor and Members of the City Council City of Eden Prairie, Minnesota Page 2 Management's estimate for other postemployment benefits is based on the actuarial valuation conducted by an independent third-party. Land held for resale is recorded using either the lower of historical cost or estimated resale value as estimated by the City's market value assessment. Management's estimate of the City's proportionate share of the PERA's GERF and PEPFF and Eden Prairie Fire Reliefs net pension liabilities, as well as the related deferred inflows and outflows, is based on guidance from GASB Statement No. 68, GASB Statement No. 71, and the plans' allocation tables. The plans' allocation tables allocate a portion of the plans' net pension liabilities based on the City's contributions during the plan's fiscal years as a percentage of total contributions received for the related fiscal year by the plans. We evaluated the key factors and assumptions used to develop these estimates in determining that they are reasonable in relation to the financial statements take as a whole. Financial statement disclosures Certain financial statement disclosures are particularly sensitive because of their significance to financial statement users. There were no particularly sensitive financial statement disclosures. The financial statement disclosures are neutral, consistent, and clear. Difficulties encountered in performing the audit We encountered no significant difficulties in dealing with management in performing and completing our audit. Uncorrected misstatements Professional standards require us to accumulate all misstatements identified during the audit, other than those that are clearly trivial, and communicate them to the appropriate level of management. Management has determined that the effects of uncorrected misstatements are immaterial, both individually and in the aggregate, to the financial statements taken as a whole. The following summarizes uncorrected misstatements of the financial statements: • During 2015, City management noted that the City had provided proceeds for a TIF revolving loan in 2014 in the amount of$159,060. The City should have recorded a receivable at the time the loan was issued. This resulted in receivables and fund balance/net position being understated by $159,060 as of December 31, 2014 in the Project's non-major capital projects fund/governmental activities. This also resulted in the net change in fund balance/change in net position being overstated in the Project's non-major capital projects fund/governmental activities, for the year ended December 31, 2015. Corrected misstatements Management did not identify and we did not notify them of any financial statement misstatements detected as a result of audit procedures. Disagreements with management For purposes of this letter, a disagreement with management is a financial accounting, reporting, or auditing matter, whether or not resolved to our satisfaction, that could be significant to the financial statements or the auditors' report. No such disagreements arose during our audit. Honorable Mayor and Members of the City Council City of Eden Prairie, Minnesota Page 3 Management representations We have requested certain representations from management that are included in the management representation letter dated April 22, 2016. Management consultations with other independent accountants In some cases, management may decide to consult with other accountants about auditing and accounting matters, similar to obtaining a "second opinion" on certain situations. If a consultation involves application of an accounting principle to the City's financial statements or a determination of the type of auditors' opinion that may be expressed on those statements, our professional standards require the consulting accountant to check with us to determine that the consultant has all the relevant facts. To our knowledge, there were no such consultations with other accountants. Significant issues discussed with management prior to engagement We generally discuss a variety of matters, including the application of accounting principles and auditing standards, with management each year prior to engagement as the City's auditors. However, these discussions occurred in the normal course of our professional relationship and our responses were not a condition to our engagement. Other information in documents containing audited financial statements With respect to the required supplementary information (RSI) accompanying the financial statements, we made certain inquiries of management about the methods of preparing the RSI, including whether the RSI has been measured and presented in accordance with prescribed guidelines, whether the methods of measurement and preparation have been changed from the prior period and the reasons for any such changes, and whether there were any significant assumptions or interpretations underlying the measurement or presentation of the RSI. We compared the RSI for consistency with management's responses to the foregoing inquiries, the basic financial statements, and other knowledge obtained during the audit of the basic financial statements. Because these limited procedures do not provide sufficient evidence, we did not express an opinion or provide any assurance on the RSI. With respect to the combining and individual nonmajor fund financial statements (collectively, the supplementary information) accompanying the financial statements, on which we were engaged to report in relation to the financial statements as a whole, we made certain inquiries of management and evaluated the form, content, and methods of preparing the information to determine that the information complies with accounting principles generally accepted in the United States of America, the method of preparing it has not changed from the prior period or the reasons for such changes, and the information is appropriate and complete in relation to our audit of the financial statements. We compared and reconciled the supplementary information to the underlying accounting records used to prepare the financial statements or to the financial statements themselves. We have issued our report thereon dated April 22, 2016. The introductory and statistical sections accompanying the financial statements, which are the responsibility of management, were prepared for purposes of additional analysis and are not a required part of the financial statements. Such information was not subjected to the auditing procedures applied in the audit of the financial statements, and, accordingly, we did not express an opinion or provide any assurance on it. Honorable Mayor and Members of the City Council City of Eden Prairie, Minnesota Page 4 Our auditors' opinion, the audited financial statements, and the notes to financial statements should only be used in their entirety. Inclusion of the audited financial statements in a document you prepare, such as an annual report, should be done only with our prior approval and review of the document. This communication is intended solely for the information and use of the Mayor, members of the City Council, and management of the City, and is not intended to be, and should not be, used by anyone other than these specified parties. LLB CliftonLarsonAllen LLP Minneapolis, Minnesota April 22, 2016 ITEM NO.: VI.A. UNAPPROVED MINUTES CITY COUNCIL GOAL SETTING WORKSHOP TUESDAY, MARCH 22,2016 CITY CENTER 5:00 P.M.,HERITAGE ROOMS 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, City Attorney Ric Rosow, and Recorder Lorene McWaters Fire Chief George Esbensen was absent. I. GOAL SETTING DISCUSSION Getschow reviewed work plan accomplishments and goals for each department. He noted that for the past couple of years the City Council's goal setting workshop has taken place later in the year than usual—March or April rather than January. He said this seems to work well because it provides time for community survey results to be compiled and it fits well with budget and CIP processes. Council Member Nelson requested that photos of play equipment be added to the"Park Finder" portion of the City website to help people locate age-appropriate playgrounds.Nelson likes the idea put forward by a commission candidate who suggested of using Facebook to provide timely information on Splash Pad closures, etc. Council Member Butcher Wickstrom asked if the public is allowed to use the grounds at Camp Eden Wood when True Friends programs are not in session. Getschow noted that True Friends has a lease for the property. He does not know whether or not they allow access to the property when it is not in use. Mayor Tyra-Lukens asked for an update on drug abuse in the community. Chief Reynolds said Eden Prairie, like the rest of the state,has seen an uptick in heroin use as a direct result of prescription drug abuse. Council Member Case asked for a workshop devoted to crime in Eden Prairie, including drug abuse and human trafficking. Mayor Tyra-Lukens asked for details on the ground reservoir that is planned for 2016. Public Works Director Robert Ellis said the reservoir,which will have a 5 million gallon capacity, will complete the City's water supply infrastructure. The reservoir will mainly provide water for irrigation and firefighting. Tyra-Lukens asked if it is possible to use captured groundwater runoff instead of building a new reservoir. Ellis said that would be prohibitively expensive. City Council Goal Setting Workshop March 22, 2016 Page 2 Council Member Aho said he would like to focus on watershed rules and related issues. Getschow explained the process for forwarding proposed candidates to the County Commissioners' for appointment. Getschow said the Riley Purgatory Bluff Creek Watershed District has a Citizen Advisory Committee(CAC), and the City could contact Eden Prairie residents who serve on the CAC to see if they are interested in being nominated. Council Member Case said he would like the City Council to pass a unanimous resolution supporting a candidate. Getschow said he will forward the names of Eden Prairie CAC members to the City Council. Mayor Tyra-Lukens said she would like to see continued progress on design guidelines (including landscaping) and the monument sign project. She said she would like to see concerted efforts to increase public art above and beyond LRT-related public art. Council Member Aho said he would like to have holiday decorations(wreaths and lights)in the Market Center area. Council Member Nelson said she would especially like to see lights around the mall. Case said he would like street banners in the Market Center area. Case also asked staff to produce a one-page document with tax comparisons to other similar cities. Nelson wants to make sure staff knows how much the City Council appreciates the cost-saving innovative ideas they have proposed over the past several years, and to encourage them to continue to think innovatively. Butcher Wickstrom wants to look at ways increase opportunities for citizen involvement and to work on building the sense of Eden Prairie as a special place. II. CLOSED SESSION FOR CITY MANAGER'S PERFORMANCE REVIEW The City Council moved to closed session to discuss the City Manager's performance review at 7:07 p.m. They announced they would not come back into open session before adjourning the meeting. III. ADJOURNMENT The meeting was adjourned at 8:10 p.m. ITEM NO.: V I.B. UNAPPROVED MINUTES CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY,APRIL 5, 2016 CITY CENTER 5:00—6:25 PM, HERITAGE ROOMS 6:30—7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Nancy Tyra-Lukens, Council Members Brad Aho, Sherry Butcher Wickstrom, Kathy Nelson, and Ron Case CITY STAFF: City Manager Rick Getschow, Police Chief Rob Reynolds, Fire Chief George Esbensen, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, Communications Manager Joyce Lorenz, City Attorney Ric Rosow, and Recorder Lorene McWaters I. LRT ART Recreation Coordinator Lindsey Danhauser provided an update on the LRT bridge pier designs for Prairie Center Drive. She said two artists submitted proposals for the project, and Steven Weitzman has been chosen for the work. She said Weitzman has experience doing large-scale concrete work at sites across the country. She displayed several examples of stamped concrete designs Weitzman created for bridges. She said Weitzman tailors his work to each community. His proposed designs will be reviewed by staff and the City Council later in the year. Mayor Tyra-Lukens noted that there will be a number of bridge piers on Prairie Center Drive, and asked if the same design will be used for all of the piers. Danhauser said staff is hoping to incorporate different designs, since not all of the piers will be the same size. II. TREE REPLACEMENT POLICIES Parks and Natural Resources Manager Matt Bourne and City Planner Julie Klima reviewed the City's tree-related ordinances and policies. Staff is looking for Council input on ways in which future development and redevelopment can be accommodated. Bourne said Ordinance 11.55 subd. 4 outlines tree replacement requirements. He noted this is a replacement rather than a preservation policy. The ordinance requires an inventory of significant trees, list of trees removed, and a replacement plan that includes location of replacement trees as well as sizes and types. Trees exempt from replacement include dead or diseased trees, trees down due to natural causes, as well as elm, willow,box elder and aspen trees. Exemptions from Ordinance 11.55 Subd. 4 include: • Non-residential Lots—Cutting, removal or killing of less than 10% of significant trees within a 5-year period. • Residential Lots - Cutting, removal or killing of 10%, or one significant tree, whichever is greater, within a 5-year period. • Home lawn or landscape installation, repair and/or maintenance. City Council Workshop Minutes April 5, 2016 Page 2 • Public works projects undertaken by the City. Council Member Butcher Wickstrom asked why Cottonwood trees are on the list of trees that have to be replaced. She said the "cotton"they shed every year is problematic and unsightly. Council Member Aho and Nelson agreed that Cottonwood trees are undesirable and should be removed from the list. Nelson asked if there is a provision for preservation of"heritage"trees. Bourne said there is currently no definition of heritage trees in the City's ordinance, but staff can look at what other communities are doing. Klima said a homeowner on Croixwood Lane recently removed numerous trees in their front yard last year, which drew complaints from some neighbors; however, staff found the removal was acceptable under current City code. Getschow noted that Chanhassen is the only nearby community that regulates removal of trees on residential lots post-development. He asked the City Council for input on that. Aho said he is not enthusiastic about regulating private residences. Nelson said perhaps a permit should be required if a residential property owner plans to take down more than 10 trees. Tyra-Lukens said this is a tricky to balance to strike. Bourne said when staff receives inquiries regarding tree preservation or removal they determine whether the trees are within a conservation easement or inside a shore or bluff impact zone. Staff also conducts a site visit and determines whether the tree(s)must be replaced. If the property is subject to a Development Agreement, the amount of caliper inches that must to be planted to meet the tree replacement is memorialized in the agreement. Any tree not included in the tree replacement plan must be replaced on an inch-for-inch basis. Post-development tree-related questions staff has encountered in recent years include: • How long are trees included in a tree replacement plan protected? • Do general exemptions apply to trees that were preserved in a previous tree replacement plan? • Do homeowners need a land alteration permit to do tree work on private property? • How are tear downs of homes that will be replaced with buildings with a larger footprint handled? Klima noted that most of the remaining developable parcels in the City are infill projects on heavily wooded sites, which makes tree preservation difficult. In addition, new stormwater management rules have in many cases increased the number of trees that have to be removed and/or limited the area for replacement trees to be planted. Klima noted that it is sometimes difficult to find a balance between landscape requirements and tree replacement requirements. For instance, the developer of a recently proposed senior living project has found it cannot City Council Workshop Minutes April 5, 2016 Page 3 meet both tree replacement(1,048 caliper inches) and landscape requirements (293 caliper inches). Tyra-Lukens said she would like to address the Cub and Wells Fargo situations. Klima said if the removed trees part of an approved landscape plan they will have to be replaced. Butcher Wickstrom said she would like to explore implementing a heritage tree program. The replacement ratio for single-family residential development is 133%. Nelson asked about size requirements for replacement trees. Bourne said the rule is 3 caliper inches for deciduous trees and 7' tall for coniferous trees. Nelson asked why the City does not require large trees to be replaced with trees of similar sizes. Bourse said large transplanted trees often do not thrive as well as smaller transplanted trees. Tyra-Lukens asked if the City is encouraging a diversity of trees. Bourne said the list of trees was recently revised to help increase diversity. Staff research shows that most metro area cities shows have tree preservation ordinances for development projects, but very few have regulations outside of development. Aho asked about the City's stance on downed trees in wooded public areas. He said some fallen trees are unsightly. Bourne said it is the City's policy to leave to "leave them as they lay" unless they are dangerous or blocking trails. He said fallen trees promote healthy ecosystems. III. OPEN PODIUM IV. ADJOURNMENT ITEM NO.: VI.C. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, APRIL 5, 2016 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Council Members Brad Aho, Sherry Butcher Wickstrom, Ron Case, and Kathy Nelson CITY STAFF: City Manager Rick Getschow, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, City Attorney Ric Rosow, and Council Recorder Jan Curielli I. CALL THE MEETING TO ORDER Mayor Tyra-Lukens called the meeting to order at 7:00 PM. All Council Members were present. II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS /PRESENTATIONS A. EDEN PRAIRIE GIVES WEEK PROCLAMATION Mayor Tyra-Lukens read a proclamation proclaiming April 24-30, 2016, as "Eden Prairie Gives Week."Mark Weber, Executive Director of the Eden Prairie Community Foundation thanked the Mayor for the proclamation and said there will be 12 new grant recipients this year. The recipients will be recognized at a gala on Saturday, April 30, at the Green Acres Event Center. He noted this week is meant to recognize all of the organizations that give back to the community. Tyra-Lukens noted the Eden Prairie Community Foundation is a great conduit to the community organizations. B. ARBOR DAY PROCLAMATION Mayor Tyra-Lukens read a proclamation proclaiming May 7, 2016, as Arbor Day. She said Eden Prairie has a long history of stewardship of our trees, and noted the Council held a workshop earlier this evening to discuss tree preservation. CITY COUNCIL MINUTES April 5, 2016 Page 2 C. LIONESS CLUB DONATION FOR THE ART CRAWL (RESOLUTION NO. 2016-52) Lotthammer said the Eden Prairie Lioness Club is donating $500 to go towards the Art Crawl to be held in September. MOTION: Aho moved, seconded by Case, to adopt Resolution No. 2016-52 accepting the donation in the amount of$500 from the Eden Prairie Lioness Club towards the Eden Prairie Art Crawl. Motion carried 5-0. D. AMERICAN LEGION POST 580 DONATION FOR THE SENIOR CENTER (RESOLUTION NO. 2016-53) Lotthammer said American Legion Post 580 has made a $2,500 donation to be used for woodworking equipment at the Eden Prairie Senior Center and for veteran and senior programs. MOTION: Nelson moved, seconded by Butcher Wickstrom, to adopt Resolution No. 2016-53 accepting the donation in the amount of$2,500 from the American Legion Post 580 towards the Eden Prairie Senior Center woodshop and to help with veterans and senior programs. Motion carried 5-0. E. POLICE DEPARTMENT LETTER OF RECOGNITION Deputy Police Chief Jim DeMann gave letters of recognition to five Eaton Corp. employees who worked together to save the life of another employee, Tim Larocque, on December 17, 2015. The five employees recognized were Sam Shukla, Lawrence Harer, Leah Glynn, Jon Herbst, and Mark Ellis. Mayor Tyra- Lukens assisted with distributing the letters of recognition. F. SUSTAINABILITY PRESENTATION BY GREAT PLAINS INSTITUTE Getschow said the City has retained Great Plains Institute (GPI) to work with us on a sustainability plan chapter to be part of the upcoming Comprehensive Guide Plan update. GPI will also help with the Sustainable Eden Prairie program that will be developed to follow the successful 20-40-15 program completed last year. Brian Ross, Senior Program Director of GPI, gave a PowerPoint presentation about his company and some of the plans and processes regarding sustainability and resiliency as it relates to Eden Prairie. He said metropolitan communities are encouraged to develop sustainability chapters in their comprehensive plans that are compatible with the Met Council's Thrive MSP 2040. He reviewed the sustainability and resiliency components proposed to be included in the new Guide Plan chapter and in the Sustainable Eden Prairie program. He noted Minnesota law states such plans for metropolitan communities must include an element for protection and development of access to direct sunlight for solar energy components. He said they will be working with the community, City staff, the Conservation Commission and the City Council to define goals and strategies for CITY COUNCIL MINUTES April 5, 2016 Page 3 the program in order to achieve the desired outcomes. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Getschow said Item VIII.T. should be removed from the Consent Calendar and additional information regarding Item XIV.A.3 was provided on goldenrod paper. MOTION: Butcher Wickstrom moved, seconded by Aho, to approve the agenda as amended. Motion carried 5-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, MARCH 8, 2016 MOTION: Nelson moved, seconded by Aho, to approve the minutes of the Council workshop held Tuesday, March 8, 2016, as published. Motion carried 5-0. B. CITY COUNCIL MEETING HELD TUESDAY,MARCH 8, 2016 MOTION: Aho moved, seconded by Nelson, to approve the minutes of the City Council meeting held Tuesday, March 8, 2016, as published. Motion carried 5-0. VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. ADOPT RESOLUTION NO. 2016-54 DECLARING CITY'S INTENT TO REIMBURSE ITSELF FOR EXPENDITURES OUT OF PROCEEDS OF SUBSEQUENTLY ISSUED BONDS (MARKET CENTER WATER TOWER RECOATING) C. APPROVE 2015 UNBUDGETED FUND TRANSFERS D. ADOPT RESOLUTION NO. 2016-55 RELATING TO THE CITY'S PARTICIPATION IN THE RETIREMENT ENHANCEMENT AND BENEFITS ALTERNATIVES PROGRAM E. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH HAY DOBBS FOR DRAFTING OF DESIGN STANDARDS ORDINANCE F. AWARD CONTRACT FOR 2016 STREET STRIPING PROJECT TO SIR LINES-A-LOT G. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH GOODPOINTE TECHNOLOGY FOR PAVEMENT EVALUATION SERVICES CITY COUNCIL MINUTES April 5, 2016 Page 4 H. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH BLUE WATER SCIENCE FOR WATER QUALITY MONITORING PROGRAM I. APPROVE AGREEMENT FOR CONTRACT SERVICES WITH REPUBLIC SERVICES FOR ANNUAL COMMUNITY CLEAN UP DAY J. AWARD CONTRACT FOR 2016 SUPPLY OF CRACK SEALANT MATERIAL TO MIDSTATES EQUIPMENT AND SUPPLY K. AWARD BASE BID AND ADD ALTERNATES -2 AND 2A AND DEDUCT ALTERNATE-3 FOR THE FOR CONSTRUCTION OF THE MOSS UNHEATED STORAGE BUILDING PROJECT TO RJ MARCO CONSTRUCTION,INC. L. AMEND PROFESSIONAL SERVICES AGREEMENT WITH SRF CONSULTING GROUP FOR IN-CONSTRUCTION SERVICES FOR WEST 70TH STREET EXTENSION PROJECT M. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH SRF CONSULTING GROUP FOR SHADY OAK ROAD SIGNAL TIMING N. DECLARE SURPLUS EQUIPMENT O. APPROVE PURCHASE OF MICROSOFT OFFICE LICENSES P. APPROVE ENTERPRISE AGREEMENT AND RENEWAL OF MICROSOFT LICENSES Q. APPROVE UPDATED GUIDELINES FOR COMMUNITY USE OF PARKS AND RECREATION RENTAL FACILITIES R. APPROVE UPDATED GUIDELINES FOR PRIORITY USE OF PUBLIC FACILITIES BY COMMUNITY ATHLETIC ASSOCIATIONS AND GROUPS S. AWARD CONTRACT FOR RECONSTRUCTION OF ROUND LAKE PARK PHASE II TO MINNESOTA DIRTWORKS T. AWARD CONTRACT FOR REPLACEMENT OF ROUND LAKE PARK IRRIGATION TO GREEN ACRES SPRINKLER COMPANY U. APPROVE MAINTENANCE AGREEMENT WITH RILEY PURGATORY BLUFF CREEK WATERSHED FOR STARING LAKE PARK IMPROVEMENT PROJECT V. AWARD CONTRACT FOR RECONSTRUCTION OF PHEASANT WOODS PARK PARKING LOT & TRAILS TO MIDWEST ASPHALT CITY COUNCIL MINUTES April 5, 2016 Page 5 W. AWARD CONTRACT FOR RECONSTRUCTION OF PIONEER PARK TENNIS COURTS TO LAVINE CONSTRUCTION X. APPROVE PAYMENT FOR THE ACQUISITION OF PARCELS 26 & 27 FOR SOUTHERN SEGMENT OF THE SHADY OAK ROAD IMPROVEMENTS MOTION: Butcher Wickstrom moved, seconded by Case, to approve Items A-S and U-X on the Consent Calendar. Motion carried 5-0. IX. PUBLIC HEARINGS/MEETINGS A. PARK NICOLLET HEALTH SERVICES by BWBR. Request for Planned Unit Development District Review with waivers on 4.61 acres; Zoning District Amendment within the Office Zoning District on 4.61 acres and Site Plan Review on 4.61 acres Location: 8455 Flying Cloud Drive (Ordinance for PUD District Review with waivers and Zoning District Amendment) Getschow said the proposed project is for the construction of a 12,000 square foot, 2 story medical office addition. The project will remodel the interior of the existing structure and construct a 12,048 square foot, 2 story addition to the existing structure. Additional parking area is also proposed to be constructed. The building will continue to be utilized as a medical office building with the addition of dental services. The proponent is seeking PUD waivers to the parking setbacks for existing conditions on the north and west property lines. A waiver is also requested for the overall parking count. The structure proposed exceeds the requirements for construction materials on all facades and for landscaping on the site. The plan also includes bicycle racks. Erin McKiel, BWBR Engineer, gave a PowerPoint overview of the project reviewing both the interior and exterior plans for the project. She said the project will provide Park Nicollet Health Services a more visible entry and easier access and will include a dental clinic. Tyra-Lukens said a group of seniors living nearby have made comments about difficult pedestrian access to the building. She asked if this project addresses that situation. Ms McKiel said there will be a sidewalk along Flying Cloud Drive, the sidewalk along Medcom Blvd will be extended, and there will be striped areas along the front parking to direct pedestrians. Case said the amount of impervious surface is impacted when there is a small lot like this one. He asked if we have some kind of code mitigating greater amounts of impervious surfaces such as this project has. Ellis responded the City of Eden Prairie and the Watershed District have requirements based on the amount of disturbance and the amount of impervious surface being added. There must be some type of abstraction or infiltration on site. The City will also be required to have infiltration for the Medcom Blvd. improvements. CITY COUNCIL MINUTES April 5, 2016 Page 6 Case asked about the engineering on this project. John Donovan, Civil Engineer, said the existing site will have underground treatment centers that will allow the project to meet City and Watershed District requirements. There were no comments from the audience. MOTION: Aho moved, seconded by Case, 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 Office Zoning District on 4.61 acres; and to direct staff to prepare a development agreement incorporating staff and commission recommendations and Council conditions. Motion carried 5-0. Aho asked how many additional employees will be added with this project. Liz Narum, Park Nicollet Engineer, said about 60 employees will be added over time. B. RILEY BLUFFS by Norton Homes, LLC. Request for Planned Unit Development Concept Review on 5.9 acres; Planned Unit Development District Review with waivers on 5.9 acres; Zoning District Change from Rural to R1-9.5 on 5.9 acres and Preliminary Plat of 1 lot into 10 lots and 6 outlots on 5.9 acres. Location: 18900 Pioneer Tr. (Resolution for PUD Concept; Ordinance for PUD District Review with waivers and Zoning District Change; Resolution for Preliminary Plat) Getschow said this project is the subdivision of 5.9 acres into 10 lots and 6 outlots. The preliminary plat shows 10 single-family lots at a gross density of 1.7 units per acre. The lot sizes range from 7822 square feet to 12,105 square feet. Waivers are requested for required lot size and lot width of the R1-9.5 zoning district; frontage on a public street; setback waivers and garage lot coverage. The Planning Commission voted 4-0-1 to recommend approval of the project at the February 22, 2016 meeting. Pat Hiller, representing Norton Homes, requested that the public hearing be continued to May 24, 2016. Tyra-Lukens asked if that timing is okay with the City calendar. Jeremiah said that date would give sufficient time to meet the deadlines involved. MOTION: Case moved, seconded by Butcher Wickstrom, to continue the public hearing to May 24. Motion carried 5-0. C. CERTIFICATE OF APPROPRIATENESS (COA)FOR GLEN LAKE CHILDREN'S CAMP Getschow said Items VIII.0 and D.pertain to one project. The first public hearing is for the COA needed for the project because this is an historic site. The second public hearing is for a request for PUD review with waivers to demolish an existing non-historic, non-contributing building and to erect a 12-bed respite center. He noted the camp and property are leased to the non-profit organization, True Friends. CITY COUNCIL MINUTES April 5, 2016 Page 7 Randy Boser, representing True Friends, said the Glen Lake Children's Camp is their closest camp to the metropolitan area which makes it one of their most used camp sites for the disabled community. The request is to replace a non-functioning building with a new building that would allow additional services to be provided that would meet the needs of the disabled community. The building would provide housing, kitchen facilities, and the medical facility for the whole camp. It would provide a safe and secure space for programs. The proposed building is within the historic district that is a component of the camp. He said they worked with the Heritage Preservation Commission(HPC) on the design features and exterior materials to make sure it fits in with the other historic buildings on the property, and the HPC approved the request. True Friends also worked with the State Preservation office about materials and colors to be used for the project. The state asked that a Phase I archeological survey be completed and, after the survey was completed, gave their approval. In addition, True Friends worked with the Park and Recreation Department and other City staff to make sure the design and other elements met requirements. Tyra-Lukens commented the Council has received a couple of proposals for things to do with Camp Eden Wood in the last couple of years. She noted we want to make sure it remains on the National Register. She asked Mr. Boser to give insight into their plans for the next ten years. Mr. Boser said a 2008 Comprehensive Plan was completed and was approved by the City and the state. At that time, they hoped to get a grant from the state for the project. They did not receive a grant from the state, so they have been forced to move ahead as funding becomes available. This proposed building is the most critical need for the camp. They constructed a playground improvement on the site last fall. There are currently five components that contribute to the historic site. There are a couple of other buildings on the site that are non-contributing to the historic nature but are not designed for functioning well. He said they see the possibility down the road of replacing one of those buildings as funding becomes available, however that would take a considerable amount of funding. Butcher Wickstrom suggested there might be grant funding because this is such a unique and historic site. Mr. Boser said it is a good possibility and is worthy of exploration. Butcher Wickstrom asked if this site is ever available to Eden Prairie residents. Mr. Boser said it is public, and there is a trail along the lake. True Friends uses the facilities almost all the time from mid-June to mid-August. While there are very few campers there the rest of the year, they do provide respite activities on weekends year round. There are also some office workers at the site. The site is fairly accessible along the railroad tracks and along the wetlands area, and the playground will be open to the public for use. Case noted the HPC included in their minutes a motion to approve the project with a condition that the new building be no closer than 25 feet from the historic garage. Mr. Boser said the building was moved about seven feet to comply. Case CITY COUNCIL MINUTES April 5, 2016 Page 8 commented this is the City's only property on the National Historic Register that is a concept and not just a building. He would like to have all groups involved partner to pursue grants in order to preserve this valuable asset because he was concerned that in 20-30 years it might fall into decay. He suggested this could be made a major piece of the HPC's work plan this year to work with the renters on this site and preserve this amazing asset. Mr. Boser said he was not sure where the funding for the 2006 project came from. Ed Stracke, President and CEO of True Friends, said the dormitory building was threatened with condemnation by the Health Department and the rehabilitation of that was an outstanding project. He thought True Friends would be open to having a conversation around a partnership for rehabilitation of the dining hall,but could not be the primary funding source. Case noted he was not suggesting that True Friends would be the funding agent but rather would serve as the motivator and caretaker. Mr. Stracke noted there are a number of different groups that have used the facility. Case said it is great having True Friends there to meet needs that are similar to those of the original camp. Butcher Wickstrom asked about the condition of the fireplace in the dining room. Mr. Stracke said it is still standing. Rosow noted the lease negotiated in 2014 contains a provision that True Friends shall maintain the premises so as to preserve the historical architecture and archeology of the premises in order to protect the qualities for listing on the National Register. He noted it sounds like those protections are included in the lease. Butcher Wickstrom asked if the HPC has anyone with expertise that inspects the building condition. Jeremiah said we do an annual survey of our historic properties and make notes about what type of maintenance should be done. She said she will bring up the fireplace issue at the next review. Butcher Wickstrom asked for a copy of the last condition report. Case said he would be comfortable if Paul Sticha were the one to inspect the fireplace and, if Paul thought it was necessary, we may want to get a more exhaustive report to make sure things are being done to preserve it. Butcher Wickstrom noted it is good for the HPC to know how interested the Council is in pursuing a grant for the property. Rosow noted the lease also states True Friends agrees that the State Historical Society Preservation Officer has the authority to visit the premises at any time to make sure the condition is being preserved. Case noted several of the Council Members are concerned about the condition of the property now and what needs to be done to preserve and protect the property going forward. CITY COUNCIL MINUTES April 5, 2016 Page 9 There were no comments from the audience. MOTION: Butcher Wickstrom moved, seconded by Nelson, to close the public hearing and to adopt the Findings of Fact and approve Certificate of Appropriateness 2016-01-009 for demolition of existing non-historic, non- contributing Boulay building and the construction of a 12-bed respite center on the National Register Glen Lake Children's Camp. Motion carried 5-0. D. CAMP EDEN WOOD RESPITE CENTER by True Friends. Request for Planned Unit Development District Review with waivers on 51.81 acres; Zoning District Amendment within the Public Zoning District on 51.81 acres and Site Plan Review on 51.81 acres Location: 6350 Indian Chief Road. (Ordinance for PUD District Review with waivers and Zoning District Amendment) Tyra-Lukens said this is a public hearing to consider the request for the PUD with waivers for the Camp Eden Wood respite center which was reviewed and discussed in Item XIV.0 above. There were no comments from the audience. MOTION: Case moved, seconded by Butcher Wickstrom, 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 Public Zoning District on 51.81 acres; and to direct staff to prepare a development agreement incorporating staff and commission recommendations and Council conditions. Motion carried 5-0. E. HAMPTON INN by Cities Edge Architects. Request for Planned Unit Development Concept Review on 1.7 acres; Planned Unit Development District Review with waivers on 1.7 acres; Zoning District Change from Commercial Regional Service to Town Center Commercial on 1.7 acres and Site Plan Review on 1.7 acres. Location: 11825 Technology Dr. (Resolution No. 2016-56 for PUD Concept; Ordinance for PUD District Review with waivers and Zoning District Change) Getschow said the proposed project is for the construction of a 5 story, 105 guest room hotel at the current International House of Pancakes site. The Major Center Area study identified this parcel for hospitality/lodging. The proposal includes the removal of the existing structures and redeveloping the site for the hotel use incorporating surface and underground parking areas. The proponent is seeking rezoning from Regional Commercial Services to Town Center-Commercial, as well as PUD approval for the proposed development. Due to the unique character of the Town Center Zoning and the requirements for the shoreland area, several PUD waivers are sought for the site. The structure proposed meets or exceeds the requirements for construction materials on all facades as does the landscaping for the site. The project also includes the relocation of the pedestrian trail along Lake Idlewild. CITY COUNCIL MINUTES April 5, 2016 Page 10 John Hafner, architect with Cities Edge, gave a PowerPoint review of the project. He noted the site has a very challenging topography and a large drainage and utility easement. There is a shared entry with the Extended Stay America hotel next door. There will be surface and underground parking. He reviewed the interior layout and exterior plans for the building and noted it will conform to City requirements for architectural materials. They submitted a revised landscaping plan after the Planning Commission meeting, and they believe that is in compliance. One of the waivers requested was for a free-standing monument sign at the entrance; however, they have agreed to remove that request for a monument sign. There will be benches added on the trail by Lake Idlewild, and they will incorporate some bike racks near the entry. They plan to continue to work with the Watershed District because they are in compliance with all their requirements with the exception of the buffer. They will move the building in order to increase the buffer and align with the drainage easement. They expect to meet with the Watershed District for approval at their May 3rd meeting. Nelson asked if the mechanical equipment on the roof will be screened. Mr. Hafner replied it will be screened. Nelson asked if they believe they have found a way to make the building attractive and noticeable. Mr. Hafner replied it is not an "out of the box"Hampton Inn because they have enhanced the basic building with the materials incorporated. He thought it will be a very handsome building and will be successful as well. There were no comments from the audience. MOTION: Aho moved, seconded by Nelson, to close the public hearing; to adopt Resolution No. 2016-56 for Planned Unit Development concept review on 1.7 acres; to approve first reading of the ordinance for Planned Unit Development District review with waivers, and Zoning District change from Commercial Regional Services to Town Center—Commercial on 1.7 acres; and to direct staff to prepare a development agreement incorporating staff and commission recommendations and Council conditions. Motion carried 5-0. X. PAYMENT OF CLAIMS MOTION: Case moved, seconded by Butcher Wickstrom, to approve the payment of claims as submitted. Motion was approved on a roll call vote,with Aho, Butcher Wickstrom, Case,Nelson and Tyra-Lukens voting "aye." XI. ORDINANCES AND RESOLUTIONS A. FIRST READING OF ORDINANCE AMENDING CITY CODE CHAPTER 4 TO LICENSE SALE OF ALCOHOL IN RESTAURANT MOVIE THEATERS Getschow said AMC is intending to remodel the existing AMC Eden Prairie 18 theater. AMC would like to have a dedicated bar at which only alcohol would be served to be consumed on the premises in the screening rooms as well as at the bar itself. Anyone purchasing alcohol would be required to show proof of age. No CITY COUNCIL MINUTES April 5, 2016 Page 11 alcohol would be served at the regular food and beverage counters. He said City Attorney Rosow drafted an amendment to the City code that creates a category of restaurant/movie theater and includes several conditions to which the theater agrees, such as a limit to the number of tables. Much of this code is predicated on a remodel of the theater to vastly reduce the number of seats and to provide larger stadium seats. He noted other similar theaters allow the sale of alcohol. He said, if this is approved, second reading of the ordinance would need to come back at the first meeting in May. Tyra-Lukens said this project has been discussed at several City Council workshops. Council Members expressed concerns about control of the sale of alcoholic beverages. The Police Department and City staff researched other facilities and believe the code amendment has laid to rest many of the Council Member's concerns. MOTION: Butcher Wickstrom moved, seconded by Case, to approve first reading of an ordinance amending City Code Chapter 4 to license the sale of alcohol in restaurant movie theaters. Tyra-Lukens noted this code amendment gives the City the ability to license a restaurant/movie theater to serve alcohol, so AMC does not control their license. VOTE ON THE MOTION: Motion carried 5-0. XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. Resolution No. 2016-57 Supporting "Wyland Mayor's Challenge for Water Conservation" Tyra-Lukens said this resolution commits Eden Prairie to participate again in the Wyland Mayor's Challenge for Water Conservation as we have for several years. She said anyone interested in conserving water or in winning a Prius can go to our website, click on the link to the Wyland Foundation, take a survey and sign the pledge. She noted conserving water advances our sustainability efforts. MOTION: Nelson moved, seconded by Case, to adopt Resolution No. 2016-57 supporting the Mayor's Challenge for Water Conservation. Motion carried 5-0. Tyra-Lukens commented she checked out the newly opened Phase 2 of the pool expansion, and it is fabulous. CITY COUNCIL MINUTES April 5, 2016 Page 12 2. Authorize Submission of an Application to Commissioner of Administration for a Waiver related to the Salary Cap Rosow said state law provides that no employee of a political subdivision of the state can earn more than 10%more than the Governor's salary. A number of cities similar to Eden Prairie have experienced the situation where their City Manager is bumping up against the salary cap. There is a mechanism by which a request for waiver of the cap can be filed with the Minnesota Commissioner of Management and Budget. Many cities, including Edina, have applied for and received such a waiver. He noted that without the waiver the salary cap for the City Manager would be limited to a total of$165,333, and Mr. Getschow is just $1900 under that. He said the salary amount specified in the request to file a waiver is blank because he was not sure of the Council's wishes as to the exact amount. The state law allows for increases in the amount granted in accordance with the CPI. He noted Edina included in their request that such an increase be built into the amount, but they did not get a CPI increase and got a set amount of increase instead. Case thought it would be responsible to set it for the amount we see for this year's increase and then return next year, if only to make a point to the legislature about raising the Governor's salary. He understood that Minnesota is the only state with such a limit or cap, and he thought that is the larger issue. Rosow noted Edina requested$173,250 and was granted$170,285. He thought their situation was fairly comparable to Eden Prairie's in terms of the salary level. Tyra-Lukens asked if Mr. Rosow was suggesting we have a better argument for asking for$170,000. Rosow commented the Council should ask for a waiver for the amount of salary we want to provide. Nelson thought that would be an appropriate amount to use. She suggested we also discuss at a separate meeting passing a motion to encourage the state to consider this matter. Case said his first thought would be to remove the cap. He noted school superintendents do not have a cap, and he thought we are at a point where the City Manager is deserving of a raise like this. MOTION: Case moved, seconded by Butcher Wickstrom, to direct the City Attorney to file an application to request a waiver of the current maximum salary allowed under Minn. Stat. § 43A.17 from the Commissioner of Minnesota Management and Budget to allow the City Council to compensate the position of the City Manager at an annual salary of up to $170,000 to accommodate a salary increase for 2016. Motion carried 5-0. CITY COUNCIL MINUTES April 5, 2016 Page 13 3. Summary of the City Council's Evaluation of the City Manager Tyra-Lukens said the Council each year has discussions about the City Manager's performance review and salary increase. Information regarding those discussions was provided on the goldenrod handout. At a closed session, the Council reviewed the goals set for Mr. Getschow last year and received input from his direct reports regarding his performance. She reviewed the accomplishments and goals met by Mr. Getschow last year which included: • Exceeding the 20-40-15 goals • Leading a team of over 300 employees • Developing a budget that keeps and expands City services at a high level while keeping taxes low • Providing great outreach to residents and the community • Keeping the Council members fully informed of City matters. In addition, she reviewed the priorities the Council identified for the City Manager in 2016 which included such items as: • More sustainability measures • Design standards • Enhancing public art • Representing the City in the final design plans for the Southwest LRT • Watershed District matters • Marketing the City's success. MOTION: Nelson moved, seconded by Butcher Wickstrom, to raise the salary of the City Manager to the current cap of$165,333. Tyra-Lukens said this will raise the salary to the maximum until we get an answer on the waiver of the current cap. VOTE ON THE MOTION: Motion carried 5-0. 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 CITY COUNCIL MINUTES April 5, 2016 Page 14 XVI. ADJOURNMENT MOTION: Butcher Wickstrom moved, seconded by Case, to adjourn the meeting. Motion carried 5-0. Mayor Tyra-Lukens adjourned the meeting at 8:39 PM. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar May 3, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.A. Christy Weigel, Clerk's License Application List Police/ Support Unit These licenses have been approved by the department heads responsible for the licensed activity. Requested Action Motion: Approve the licenses listed below Private Kennel Clara Aas 6505 Rowland Road New Wine with Strong Beer & 3.2 Beer On-Sale License Licensee name: EDEN PRAIRIE 888 INC. DBA: Kyoto Sushi 8242 Commonwealth Drive - 1 - CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda May 3, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.B. Community Development/Planning Starbucks & BP Station Janet Jeremiah/Julie Klima Requested Action Move to: • Approve 2nd Reading of the Ordinance for Planned Unit Development District Review with waivers on 1.38 acres, and Zoning District Change from R1-13.5 to Highway Commercial (C-HWY) on 0.44 acres; and • Approve Resolution for Site Plan Review on 1.38 acres; and • Approve the Development Agreement. Synopsis This is final approval of the Development Agreement and plans for the construction of a Starbucks and car wash at 11190 West 62nd Street. Background Information The 120-Day Review Period Expires on June 26, 2016. Attachments 1. Ordinance for PUD District Review 2. Summary Ordinance 3. Resolution for Site Plan Review 4. Development Agreement STARBUCKS & BP STATION CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 7-2016-PUD-4-2016 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA,REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT,AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the R1-13.5 Zoning District and be placed in the Highway Commercial Zoning District 7-2016- PUD-4-2016 (hereinafter "PUD-4-2016-C-HWY"). Section 3. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of May 3, 2016 entered into between Ridgecrest Eden Prairie I, LLC, and the City of Eden Prairie, (hereinafter"Development Agreement"). The Development Agreement contains the terms and conditions of PUD-4-2016-C-HWY, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-4-2016-C-HWY is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-4-2016-C-HWY 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-4-2016-C-HWY are justified by the design of the development described therein. D. PUD-4-2016-C-HWY is of sufficient size, composition, and arrangement that its construction, marketing, and operation are feasible as a complete unit without dependence upon any subsequent unit. Section 5. The proposal is hereby adopted and the land shall be, and hereby is removed from the R1-13.5 Zoning District, and placed in the Highway Commercial Zoning District and shall be included hereafter in the Planned Unit Development PUD-4-2016-C-HWY 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 8th day of March, 2016, 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 May, 2016. ATTEST: Kathleen Porta, City Clerk Ron Case, Acting Mayor PUBLISHED in the Eden Prairie News on , 2016. EXHIBIT A LEGAL DESCRIPTION - STARBUCKS & BP STATION PROPERTY TO BE REZONED FROM R1-13.5 TO HIGHWAY COMMERCIAL: Parcel 2 That part of the Southwest Quarter of the Southwest Quarter of Section 36, Township 117, Range 22, Hennepin County, Minnesota, described as follows: Commencing at the Northwest corner of Section 1, Township 116, Range 22; thence on an assumed bearing of North 87 degrees 01 minute 59 seconds East along the South line of said Southwest Quarter of the Southwest Quarter, a distance of 47.27 feet to the point of beginning of the tract of land to be described; thence North 6 degrees 16 minutes 29 seconds West , a distance of 7.74 feet; thence North 56 degrees 19 minutes 50 seconds East a distance of 96.26 feet; thence North 77 degrees 06 minutes 08 seconds East, a distance of 198.93 feet; thence South 29 degrees 35 minutes 59 seconds East, a distance of 102.01 feet to the South line of said Southwest Quarter of the Southwest Quarter; thence South 87 degrees 01 minute 59 seconds West along said South line, a distance of 324.00 feet to the point of beginning. PROPERTY SUBJECT TO THE PUD: Parcel 1 That part of Lot 1, Block 1, Shady Oak Crosstown Addition, embraced within the West 282.5 feet of the Northwest Quarter of the Northwest Quarter of Section 1, Township 116, Range 22 as measured along the North and South lines of said Northwest Quarter of the Northwest Quarter. Torrens Property Being registered las as evidenced by Certificate of Title No. 1178482. Parcel 2 That part of the Southwest Quarter of the Southwest Quarter of Section 36, Township 117, Range 22, Hennepin County, Minnesota, described as follows: Commencing at the Northwest corner of Section 1, Township 116, Range 22; thence on an assumed bearing of North 87 degrees 01 minute 59 seconds East along the South line of said Southwest Quarter of the Southwest Quarter, a distance of 47.27 feet to the point of beginning of the tract of land to be described; thence North 6 degrees 16 minutes 29 seconds West , a distance of 7.74 feet; thence North 56 degrees 19 minutes 50 seconds East a distance of 96.26 feet; thence North 77 degrees 06 minutes 08 seconds East, a distance of 198.93 feet; thence South 29 degrees 35 minutes 59 seconds East, a distance of 102.01 feet to the South line of said Southwest Quarter of the Southwest Quarter; thence South 87 degrees 01 minute 59 seconds West along said South line, a distance of 324.00 feet to the point of beginning. Parcel 3 Lot 1, Block 1, Shady Oak Crosstown Addition, according to the recorded plat thereof, and situate in Hennepin County, Minnesota EXCEPTING that portion embraced within the West 282.5 feet of the Northwest Quarter of the Northwest Quarter of Sectionl, Township 116, Range 22 as measured along the North and South lines of said Northwest Quarter of the Northwest Quarter. STARBUCKS & BP STATION CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 7-2016-PUD-4-2016 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER,AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT,AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99,WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance allows amendment of the zoning of land located at 11190 West 62nd Street within the Highway Commercial 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 Ron Case, Acting Mayor PUBLISHED in the Eden Prairie News on , 2016. (A full copy of the text of this Ordinance is available from City Clerk.) CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2016- A RESOLUTION GRANTING SITE PLAN APPROVAL FOR STARBUCKS & BP STATION BY TOLD DEVELOPMENT COMPANY WHEREAS, Told Development Company, has applied for Site Plan approval of Starbucks to construct a new carwash at existing BP station and new freestanding Starbucks with drive thru, by an Ordinance approved by the City Council on May 3, 2016; and WHEREAS, the Planning Commission reviewed said application at a public hearing at its February 8, 2016 meeting and recommended approval of said site plans; and WHEREAS, the City Council has reviewed said application at a public hearing at its March 8, 2016 meeting. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,that site plan approval is granted to Starbucks based on the Development Agreement between Ridgecrest Eden Prairie I, LLC and the City of Eden Prairie, reviewed and approved by the City Council on May 3, 2016. ADOPTED by the City Council of the City of Eden Prairie this 3rd day of May, 2016. Ron Case, Acting Mayor ATTEST: Kathleen Porta, City Clerk DEVELOPMENT AGREEMENT STARBUCKS & BP STATION THIS DEVELOPMENT AGREEMENT("Agreement")is entered into as of , 2016,by Ridgecrest Investors,LLC,a Minnesota limited liability company,hereinafter referred to as "Developer," its successors and assigns, and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City": WITNESSETH: WHEREAS, Developer has applied to City for Guide Plan Change from Low Density Residential to Regional Commercial on 0.44 acres,Planned Unit Development Concept Review on 1.38 acres,Planned Unit Development District Review with waivers on 1.38 acres,Zoning District Change from R1-13.5 Zoning District to Highway Commercial Zoning District on 0.44 acres, Site Plan Review on 1.38 acres, and Preliminary Plat of 1.38 acres into 2 lots, legally described on Exhibit A(the "Property"); NOW, THEREFORE, in consideration of the City adopting Resolution No.2016-49 for Guide Plan Change, Resolution No.2016-50 for Planned Unit Development Concept Review, Ordinance No. for Planned Unit Development District Review(hereinafter the PUD) and Zoning District Change from R1-13.5 Zoning District to Highway Commercial on 0.44 acres, Resolution No. for Site Plan Review, and Resolution No. for Preliminary Plat, Developer agrees to construct, develop and maintain the Property as follows: 1 Starbucks &BP Station Development Agreement 1. PLANS: Developer shall develop the Property in conformance with the materials revised and stamp dated February 22,2016,reviewed and approved by the City Council on March 8, 2016, (hereinafter the "Plans") and identified on Exhibit B, subject to such changes and modifications as provided herein. 2. EXHIBIT C: Developer agrees to the terms, covenants, agreements, and conditions set forth in Exhibit C. 3. CROSS ACCESS AND MAINTENANCE AGREEMENT: Prior to release of the final plat for the Property,Developer shall provide to the City Engineer for review a Cross Access Easement,Private Utility and Maintenance Agreement between Lots 1 and 2 of the Property for the private driveway, private utilities and the storm water facilities located on the Property. The form of the Agreement is subject to approval in writing by the City Engineer. This Agreement shall address joint vehicle access and maintenance over the private driveway,utilities,and stormwater facilities. All of these facilities shall be privately owned and maintained by the Developer or Owner. After approval by the City Engineer,Developer shall file the Cross Access Easement, Private Utility and Maintenance Agreement with the Hennepin County Recorder/Registrar of Title as appropriate immediately after the recording of the final plat and prior to recording of any document affecting the property including but not limited to any mortgage granted by the Developer or owners, their successors and/or assigns. Prior to the issuance of the first building permit for the Property,Developer shall submit to the City Engineer proof that the Cross Access Easement, Private Utility and Maintenance Agreement has been recorded in the Hennepin County Recorder's Office/Registrar of Titles' Office. 4. DEVELOPER'S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a violation of City Code relating to use of the Land construction thereon or failure to fulfill an obligation imposed upon the Developer pursuant to this Agreement,City shall give 24 hour notice of such violation in order to allow a cure of such violation, provided however, City need not issue a building or occupancy permit for construction or occupancy on the Land while such a violation is continuing,unless waived by City. The existence of a violation of City Code or the failure to perform or fulfill an obligation required by this Agreement shall be determined solely and conclusively by the City Manager of the City or a designee. 5. DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer shall release,defend and indemnify City,its elected and appointed officials,employees and agents from and against any and all claims, demands, lawsuits, complaints, loss, costs (including attorneys' fees), damages and injunctions relating to any acts, failures to act, errors, omissions of Developer or Developer's consultants,contractors,subcontractors,suppliers and 2 Starbucks &BP Station Development Agreement agents. Developer shall not be released from its responsibilities to release, defend and indemnify because of any inspection, review or approval by City. 6. EXTERIOR MATERIALS: Prior to building permit issuance,Developer shall submit to the City Planner,and receive the City Planner's written approval of a plan depicting exterior materials and colors to be used on the buildings on the Property. Prior to issuance of any occupancy permit for the Property, Developer shall complete implementation of the approved exterior materials and colors plan in accordance with the terms and conditions of Exhibit C, attached hereto. 7. FINAL PLAT: The final plat of the Property shall be recorded with the Hennepin County Recorder or Registrar of Titles,as applicable within 90 days of approval by the City Council or within 2 years of approval of the Preliminary Plat,whichever occurs first. If the final plat is not filed within the specified time,the City Council may,upon ten days written notice,to the Developer, consider a resolution revoking the approval. 8. GRADING, DRAINAGE, AND STORMWATER POLLUTION PREVENTION PLANS: A. FINAL GRADING AND DRAINAGE PLAN: Developer agrees that the grading and drainage plan contained in the Plans is conceptual. Prior to the release of a land alteration permit for the Property, Developer shall submit and obtain the City Engineer's written approval of a final grading and drainage plan for the Property. The final grading and drainage plan shall include all wetland information, including wetland boundaries,wetland buffer strips and wetland buffer monument locations;all Stormwater Facilities, such as water quality ponding areas, stormwater detention areas, and stormwater infiltration systems; and any other items required by the application for and release of a land alteration permit. All design calculations for storm water quality and quantity together with a drainage area map shall be submitted with the final grading and drainage plan. Prior to release of the grading bond, Developer shall certify to the City that the Stormwater Facilities conform to the final grading plan and that the Stormwater Facilities are functioning in accordance with the approved plans. Developer shall employ the design professional who prepared the final grading plan. The design professional shall monitor construction for conformance to the approved final grading plan and Stormwater Pollution Prevention Plan(SWPPP). The design professional shall provide a final report to the City certifying completion of the grading in conformance the approved final grading plan and SWPPP. In addition,the design professional retained by the Developer to perform the monitoring of the Project shall be responsible for all monitoring, data entry and reporting to the PermiTrack ESC web-based erosion and sediment permit tracking program utilized 3 Starbucks &BP Station Development Agreement by the City. B. STORMWATER FACILITY CONSTRUCTION: Stormwater Facilities, including detention basins,retention basins,"Stormwater Infiltration"or"Filtration Systems"(such as rainwater gardens,vegetated swales,infiltration basins,vegetated filters, filter strips, curbless parking lot islands, parking lot islands with curb-cuts, traffic islands, tree box filters, bioretention systems or infiltration trenches) or "Underground Systems" (such as media filters, underground sand filters, underground vaults,sedimentation chambers,underground infiltration systems,pre- manufactured pipes, modular structures or hydrodynamic separators) shall be maintained by the Developer during construction and for a minimum of two(2) full growing seasons after completion of the development to ensure that soil compaction, erosion, clogging, vegetation loss, channelization of flow or accumulation of sediment are not occurring,and thereafter by the Owner of the Property.Planting and Maintenance Plans for the Stormwater Facilities (where appropriate)to ensure that the Stormwater Facilities continue to function as designed in perpetuity must be submitted prior to release of the first building permit for the Development Developer shall employ the design professional who prepared the final grading plan to monitor construction of the Stormwater Facilities for conformance to the Minnesota Pollution Control Agency publication entitled"State of Minnesota Storm Water Manual" dated November 2005, the approved final grading plan and the requirements listed herein. All inspections of underground systems shall be performed by personnel that have approved OSHA confined space training. Maintenance techniques must be used during construction to protect the infiltration capacity of all Stormwater Infiltration Systems by limiting soil compaction to the greatest extent possible. This must include delineation of the proposed infiltration system with erosion control fencing prior to construction; installation of the infiltration system using low-impact earth moving equipment; and not allowing equipment,vehicles, supplies or other materials to be stored or allowed in the areas designated for stormwater infiltration during construction. In areas of structural infiltration Developer shall prior to construction of the infiltration system provide a plan that addresses: (i) construction management practices to assure the infiltration system will be functional; (ii), erosion control measures; (iii) infiltration capacity; (iv) performance specifications that the completed infiltration system must meet to be considered functional by City and(v) corrective actions that will be taken if the infiltration system does not meet the performance specification. 4 Starbucks &BP Station Development Agreement All Stormwater Infiltration Systems must be inspected prior to final grading to ensure that the area is infiltrating as proposed and to determine if corrective measures are required to allow infiltration as proposed. Field verification of post-construction infiltration rates must be provided to the City within 30 days after the first rainfall event of inch or greater after the Stormwater Infiltration Systems become operational. If infiltration rates are reduced a plan to restore adequate infiltration must be provided within 90-days of the field verification test. The work required to bring the Stormwater Infiltration System back into compliance be implemented within 60 days of City approval of the plan. Pervious surfaces shall be stabilized with seed and mulch or sod and all impervious surfaces must be completed prior to final grading and planting of the Stormwater Infiltration Systems. Stormwater Infiltration Systems that are constructed under a building shall be designed for maintenance access and installed in conformance with the standards outlined in The Minnesota Stormwater Manual (November 2005) and/or the Plans. The System shall be kept off-line until construction is complete. Field verification of post-construction infiltration rates must be provided to the City within 30 days after the first rainfall event of one-half inch or greater following the Storm Water Infiltration Systems becoming operational. If the infiltration rates are reduced by construction,a plan to restore adequate infiltration must be provided within 90-days of the field test C. STORMWATER FACILITY INSPECTION AND MAINTENANCE: A Stormwater Maintenance Plan must be provided for operation and maintenance of all Stormwater Facilities to ensure they continue to function as designed in perpetuity prior to issuance of the Land Alteration Permit. The Stormwater Maintenance Plan must identify and protect the design, capacity and functionality of all Stormwater Facilities. The Maintenance Plan must contain at a minimum: the party(s) responsible for maintenance; access plans; inspection frequency; methods used for field verification of infiltration for Stormwater Infiltration Systems;routine and non- routine inspection procedures; sweeping frequency for all parking and road surfaces; plans for restoration of reduced infiltration for Stormwater Infiltration Systems;and plans for replacement of failed systems,all pursuant to and in accordance with Eden Prairie City Code Section 11.55, Subd. 8. During construction and for two years following completion of construction, all Stormwater Facilities shall be inspected at a minimum of once annually to determine if the Stormwater Facility(s) is treating stormwater as designed and should occur within 72-hours after a rainfall event of one-inch or greater to verify infiltration. All Stormwater Facilities shall be kept free of debris,litter,invasive plants and sediment. Erosion impairing the function or integrity of the Stormwater Facilities,if any,must 5 Starbucks &BP Station Development Agreement be corrected and any structural damage impairing or threatening to impair the function of the Stormwater Facilities must be repaired. The following criteria must be included in the inspection: • A storage treatment basin(including retention and detention basins)shall be considered inadequate if sediment has decreased the wet storage volume by 50 percent or dry storage volume by 25 percent of its original design volume. • A Stormwater Infiltration System shall be considered inadequate if sediment has accumulated that impairs or has the potential to impair infiltration of stormwater. • An underground storage chamber shall be considered inadequate if sediment has decreased the storage volume by 50 percent of its original design volume. Based on this inspection,if a Stormwater Facility requires cleanout,the Stormwater Facility shall be restored to its original design and/or the infiltration capacity of the underlying soils must be restored and any surface disturbance must be stabilized within one year of the inspection date. Sediment, debris, litter or vegetation removal in Stormwater Infiltration Systems shall be by hand or with a flat-bottomed shovel or rake during dry periods. Only enough sediment shall be removed as needed to restore hydraulic capacity,leaving as much of the vegetation in place as possible. Any damaged turf or vegetation shall be reseeded or replaced. After the two year period of maintenance,the Owner of the Property shall continue to be responsible for maintenance of the Stormwater Facilities. This shall include inspections at a minimum of once per every five years. Regular maintenance shall be conducted and must include regular sweeping of private streets,parking lots or drive aisles at a minimum of once per year; debris and litter removal;removal of noxious and invasive plants;removal of dead and diseased plants; maintenance of approved vegetation; re-mulching of void areas; replanting or reseeding areas where dead or diseased plants were removed;and removal of sediment build-up. Sediment build-up in above-ground Stormwater Infiltration or Filtration Systems shall be removed by hand. Areas above Underground Systems shall be kept free of structures that would limit access to the System for inspections, maintenance or replacement. D. STORMWATER POLLUTION PREVENTION PLAN (SWPPP): Prior to issuance of a land alteration permit,Developer shall submit to the City Engineer and obtain City Engineer's written approval of Stormwater Pollution Prevention Plan (SWPPP) for the Property. The SWPPP shall include all boundary erosion control features, temporary stockpile locations, turf restoration procedures, concrete truck 6 Starbucks &BP Station Development Agreement washout areas and any other best management practices to be utilized within the Project. Prior to release of the grading bond, Developer shall complete implementation of the approved SWPPP. 9. IRRIGATION PLAN: Developer shall submit to the City Planner and receive the City Planner's written approval of a plan for irrigation of the landscaped areas on the Property. The irrigation plan shall be designed so that water is not directed on or over public trails and sidewalks. Developer shall complete implementation of the approved irrigation plan in accordance with the terms and conditions of Exhibit C prior to issuance of any occupancy permit for the Property. 10. LANDSCAPE PLAN: Prior to building permit issuance,the Developer shall submit to the City Planner and receive the City Planner's written approval of a final landscape plan for the Property depicting a total of 10.5 caliper inches. The approved landscape plan shall be consistent with the quantity,type,and size of plant materials shown on the landscape plan on the Plans. Developer shall furnish to the City Planner and receive the City Planner's written approval of a security in the form of a bond,cash escrow,or letter of credit,equal to 150%of the cost of said improvements as required by City Code. Prior to issuance of any occupancy permit for the Property, Developer shall complete implementation of the approved landscape plan in accordance with the terms and conditions of Exhibit C. 11. MECHANICAL EQUIPMENT SCREENING: Developer shall submit to the City Planner,and receive the City Planner's written approval of a plan for screening of mechanical equipment on the Property. For purposes of this paragraph, "mechanical equipment" includes gas meters, electrical conduit,water meters, and standard heating,ventilating, and air-conditioning units. Security to guarantee construction of said screening shall be included with that provided for landscaping on the Property, in accordance with City Code requirements. Developer shall complete implementation of the approved plan prior to issuance of any occupancy permit for the Property. If,after completion of construction of the mechanical equipment screening,it is determined by the City Planner,in his or her sole discretion,that the constructed screening does not meet the Code requirements to screen mechanical equipment from public streets and differing, adjacent land uses, then the City Planner shall notify Developer and Developer shall take corrective action to reconstruct the mechanical equipment screening in order to cure the deficiencies identified by the City Planner. Developer agrees that the City will not release the security provided until Developer completes all such corrective measures. 12. OWNER'S SUPPLEMENT TO DEVELOPMENT AGREEMENT: The Owner's 7 Starbucks &BP Station Development Agreement Supplements to this Agreement executed by and between the City of Eden Prairie and the following are attached hereto and made a part hereof A. BP Products North America, Inc. B. P & T Ventures, LLC 13. PARK DEDICATION: The park dedication fees shall be paid at the City's standard rate as set forth in Exhibit C. 14. PERFORMANCE STANDARDS: Developer agrees that the Property will be operated in a manner meeting all applicable noise,vibration,dust and dirt,smoke,odor and glare laws and regulations. Developer further agrees that the facility upon the Property shall be operated so noise,vibration,dust and dirt,smoke,odor and glare do not go beyond the Property boundary lines. 15. PREVIOUS DEVELOPMENT AGREEMENT: This Development Agreement supersedes in its entirety the Development Agreement entered into on March 1, 1983 between A&E Properties, Inc. and the City of Eden Prairie (the "Prior Development Agreement"). Upon execution and filing of this Agreement the Prior Development Agreement is terminated. 16. PUD WAIVERS GRANTED: The city hereby grants the following waivers to City Code requirements within the Highway Commercial Zoning District through the Planned Unit Development District Review for the Property and incorporates said waivers as part of PUD: 1. Parking stall size on Lot 1 for existing parking stalls adjacent to the C-Store from of 9' by 14'. City Code requires 9' x 19'. 2. Peaked roofs for gasoline/convenience stores and canopies. The roofs shall be allowed to be flat roofs as depicted in the Exhibit B plans. 3. Front yard structure setback from 35 feet to 24 feet along 62nd Street. 17. RETAINING WALLS: Prior to issuance by the City of any permit for grading or construction on the Property, Developer shall submit to the Chief Building Official, and obtain the Chief Building Official's written approval of detailed plans for the retaining walls identified on the grading plan in the Plans. These plans shall include details with respect to the height,type of materials,and method of construction to be used for the retaining walls. Developer shall complete implementation of the approved retaining wall plan in accordance with the terms and conditions of Exhibit C, attached hereto, prior to issuance of any 8 Starbucks &BP Station Development Agreement occupancy permit for the Property. All maintenance and repair of all retaining walls on the Property shall be the responsibility of the Developer, its successors and assigns. 18. SIDEWALK AND TRAIL CONSTRUCTION: Prior to issuance by City of any building permit on the Property, Developer shall submit to the Director of Parks and Recreation Services and obtain the Director's written approval of detailed plans for a five foot wide sidewalk located on the north side of West 62nd Street between Shady Oak Road and Optum Way. Prior to release of any portion of the final plat, Developer shall convey to the city easements for the sidewalk in such locations as determined by the Director of Parks and Recreation Services. Easement form document is attached as Exhibit D. After approval by the City, Developer shall file the access easements with the Hennepin County Recorder/Registrar of Title as appropriate immediately after the recording of the final plat and prior to recording of any document affecting the property including but not limited to any mortgage granted by the Developer or owners, their successors and/or assigns. Prior to the issuance of the first building permit for the Property,Developer shall submit to the City Engineer proof that the access easements have been recorded in the Hennepin County Recorder's Office/Registrar of Titles'Office in accordance with the requirements of this paragraph. Developer shall complete implementation of the approved plans in accordance with the terms of Exhibit C prior to issuance of any occupancy permit for the Property. Bonding in accordance with City Code shall be required for sidewalk construction. 19. SIGNS: Developer agrees that for each sign which requires a permit by Eden Prairie City Code, Section 11.70,Developer shall file with the City Planner and receive the City Planner's written approval of an application for a sign permit. The application shall include a complete description of the sign and a sketch showing the size, location,the manner of construction, and other such information as necessary to inform the City of the kind, size, material construction,and location of any such sign,consistent with the sign plan shown on the Plans and in accordance with the requirements of City Code, Section 11.70, Subdivision 5a. 20. SITE ACCESS: The western most access point from 62nd Street to Lot 1 shall be redesigned as a right out only as depicted in the Exhibit B plans. 21. SITE LIGHTING: Prior to building permit issuance, Developer shall submit to the City Planner and receive the City Planner's written approval of a plan for site lighting on the Property. All pole lighting shall consist of downcast shoebox fixtures not to exceed 20 feet in height. Developer shall complete implementation of the approved lighting plan prior to issuance of any occupancy permit for the Property. 9 Starbucks &BP Station Development Agreement 22. STACKING FOR DRIVE THROUGH: The Developer has submitted a contingency plan for drive through stacking that has been reviewed and approved in concept by the City Engineer. The Developer shall put in place measures to implement the contingency plan and any other measures necessary to protect the public right of way from the encroachment of vehicles from the drive through. If it is determined, at the sole discretion of the City Engineer, that drive through stacking encroaches into the West 62nd Street public right-of-way, the Developer shall implement a plan(approved by the City Engineer)to correct the encroachment issue. Corrective actions are not limited to a single implementation solution and shall ultimately result in the elimination of impacts to the public right-of-way. 23. TRASH: Developer agrees that all trash, trash receptacles and recycling bins shall at all times be located inside of the building enclosures depicted on the Plans. 24. TRASH ENCLOSURE: Developer has submitted to the City Planner, and obtained the City Planner's written approval of a plan for the design and construction of the outside trash enclosure for the Property. This trash enclosure shall be constructed with face brick to match the building,include a roof,and heavy duty steel gates that completely screen the interior of the enclosure. Developer shall complete implementation of the trash enclosure plan prior to issuance of any occupancy permit for the Property. 25. TREE LOSS - TREE REPLACEMENT: There are 148 diameter inches of significant trees on the Property. Tree loss related to development on the Property is calculated at 104 diameter inches. Tree replacement requirements are 97 caliper inches. Prior to the issuance of any grading permit for the Property, Developer shall submit to the City Forester and receive the City Forester's written approval of a tree replacement plan for 97 caliper inches. This approved plan shall include replacement trees of a 3-inch diameter minimum size for a shade tree and a 7-foot minimum height for conifer trees. The approved plan shall also provide that, should actual tree loss exceed that calculated herein, Developer shall provide tree replacement on a caliper inch per caliper inch basis for such excess loss. Prior to issuance of any grading permit for the Property,Developer shall furnish to the City Planner and receive the City Planner's approval of a tree replacement bond equal to 150%of the cost of said improvements as required by City Code. Developer shall complete implementation of the approved tree replacement plan prior to occupancy permit issuance. IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. 10 Starbucks &BP Station Development Agreement CITY OF EDEN PRAIRIE By Ron Case Its Acting Mayor By Rick Getschow Its City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2016, by Ron Case and Rick Getschow,respectively the Acting Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. Notary Public 11 Starbucks &BP Station Development Agreement RIDGECREST INVESTORS, LLC By Its STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2016, 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 12 Starbucks &BP Station Development Agreement EXHIBIT A - STARBUCKS & BP STATION DEVELOPMENT AGREEMENT LEGAL DESCRIPTION—PRIOR TO FINAL PLAT Parcel 1 That part of Lot 1, Block 1, Shady Oak Crosstown Addition, embraced within the West 282.5 feet of the Northwest Quarter of the Northwest Quarter of Section 1, Township 116, Range 22 as measured along the North and South lines of said Northwest Quarter of the Northwest Quarter. Torrens Property Being registered las as evidenced by Certificate of Title No. 1178482. Parcel 2 That part of the Southwest Quarter of the Southwest Quarter of Section 36, Township 117, Range 22, Hennepin County, Minnesota, described as follows: Commencing at the Northwest corner of Section 1, Township 116, Range 22; thence on an assumed bearing of North 87 degrees 01 minute 59 seconds East along the South line of said Southwest Quarter of the Southwest Quarter, a distance of 47.27 feet to the point of beginning of the tract of land to be described; thence North 6 degrees 16 minutes 29 seconds West , a distance of 7.74 feet; thence North 56 degrees 19 minutes 50 seconds East a distance of 96.26 feet; thence North 77 degrees 06 minutes 08 seconds East, a distance of 198.93 feet; thence South 29 degrees 35 minutes 59 seconds East, a distance of 102.01 feet to the South line of said Southwest Quarter of the Southwest Quarter; thence South 87 degrees 01 minute 59 seconds West along said South line, a distance of 324.00 feet to the point of beginning. Parcel 3 Lot 1, Block 1, Shady Oak Crosstown Addition, according to the recorded plat thereof, and situate in Hennepin County, Minnesota EXCEPTING that portion embraced within the West 282.5 feet of the Northwest Quarter of the Northwest Quarter of Sectionl, Township 116, Range 22 as measured along the North and South lines of said Northwest Quarter of the Northwest Quarter. LEGAL DESCRIPTION—FOLLOWING FINAL PLAT Lots 1 and 2, Block 1, Shady Oak Crosstown Second Addition, Hennepin County, Minnesota. 13 Starbucks &BP Station Development Agreement EXHIBIT B-STARBUCKS &BP STATION DEVELOPMENT AGREEMENT Cover Sheet(C0-1)dated 01/27/16 by Loucks Associates Site Demolition Plan(C1-2) dated 01/27/16 by Loucks Associates Site Plan(C2-1) dated 01/27/16 by Loucks Associates Grading Plan(C3-1) dated 01/27/16 by Loucks Associates SWPP Plan(C3-3) dated 01/27/16 by Loucks Associates Utility Plan(C4-1) dated 01/27/16 by Loucks Associates Civil Details (C8-1) dated 01/27/16 by Loucks Associates Civil Details (C8-2) dated 01/27/16 by Loucks Associates Civil Details (C8-3) dated 01/27/16 by Loucks Associates Landscape Plan(L1-1) dated 01/27/16 by Loucks Associates Landscape Details (L1-2) dated 01/27/16 by Loucks Associates Tree Preservation Plan(L2-1) dated 01/27/16 by Loucks Associates ALTA/ACSM Land Title Survey dated 03/23/15 by Loucks Associates Preliminary Plat dated 01/26/16 by Loucks Associates Lighting Plan dated 01/26/16 by Viking Electric Supply Renderings Sheet No. Z-003 stamp dated received 01/27/16 by Design Form Engineering Renderings Sheet No. Z-002 stamp dated received 01/27/16 by Design Form Engineering Exterior Elevations at BP Gas Station, Car Wash& Trash Enclosures dated 01/27/16 by Architectural Consortium LLC Stacking& Signage Contingency Plan B (EX-1) dated 12/28/15 by Loucks Associates 14 Starbucks &BP Station Development Agreement EXHIBIT C—STARBUCKS &BP STATION DEVELOPMENT AGREEMENT I. Prior to release of any building permit, Developer shall submit to the City Engineer for approval two copies of a development plan(1"=100'scale) showing existing and proposed contours,proposed streets,and lot arrangements and size,minimum floor elevations on each lot,preliminary alignment and grades for sanitary sewer,water main,and storm sewer, 100- year flood plain contours, ponding areas, tributary areas to catch basins, arrows showing direction of storm water flow on all lots,location of walks,trails,and any property deeded to the City. II. Developer shall submit detailed construction and storm sewer plans to the Watershed District for review and approval. Developer shall follow all rules and recommendations of said Watershed District. III. Developer shall pay cash park fees as to all of the Property required by City Code in effect as of the date of the issuance of each building permit for construction on the Property. IV. If Developer fails to proceed in accordance with this Agreement within twenty-four (24) months of the date hereof,Developer,for itself,its successors,and assigns,shall not oppose the City's reconsideration and rescission of any Rezoning, Site Plan review and/or Guide Plan review approved in connection with this Agreement, thus restoring the status of the Property before the Development Agreement and all approvals listed above were approved. V. Provisions of this Agreement shall be binding upon and enforceable against the Property and the Owners, their successors and assigns of the Property. VI. The Developer hereby irrevocably nominates, constitutes, and appoints and designates the City as its attorney-in-fact for the sole purpose and right to amend Exhibit A hereto to identify the legal description of the Property after platting thereof. VII. Developer represents that it has marketable fee title to the Property, except: Subject to that certain Purchase Agreement dated June 5, 2014 by and between Ridgecrest Investors LLC and P&T Ventures, LLC. With respect to any interest in all portions of the Property which Developer is required, pursuant to this Agreement, to dedicate or convey to the City (the "Dedicated Property"), Developer represents and warrants as follows now and at the time of dedication or conveyance: A. That Developer has marketable fee title free and clear of all mortgages, liens, and other encumbrances. Prior to final plat approval,Developer shall provide to the City a current title insurance policy insuring such a condition of title. 15 Starbucks &BP Station Development Agreement B. That Developer has not used, employed, deposited, stored, disposed of, placed or otherwise allowed to come in or on the Dedicated Property,any hazardous substance, hazardous waste, pollutant, or contaminant, including, but not limited to, those defined in or pursuant to 42 U.S.C. § 9601,et. seq.,or Minn. Stat., Sec. 115B.01,et. seq. (such substances, wastes, pollutants, and contaminants hereafter referred to as "Hazardous Substances"); C. That Developer has not allowed any other person to use, employ, deposit, store, dispose of,place or otherwise have,in or on the Property,any Hazardous Substances. D. That no previous owner, operator or possessor of the Property deposited, stored, disposed of, placed or otherwise allowed in or on the Property any hazardous substances. Developer agrees to indemnify, defend and hold harmless City, its successors and assigns, against any and all loss,costs,damage and expense,including reasonable attorneys fees and costs that the City incurs because of the breach of any of the above representations or warranties and/or resulting from or due to the release or threatened release of Hazardous Substances which were, or are claimed or alleged to have been,used, employed, deposited, stored, disposed of, placed, or otherwise located or allowed to be located, in or on the Dedicated Property by Developer, its employees, agents, contractors or representatives. VIII. Developer acknowledges that Developer is familiar with the requirements of Chapter 11, Zoning,and Chapter 12, Subdivision Regulations,of the City Code and other applicable City ordinances affecting the development of the Property. Developer agrees to develop the Property in accordance with the requirements of all applicable City Code requirements and City Ordinances. IX. Prior to release of the final plat,Developer shall pay to City fees for the first three(3)years' street lighting on the public streets adjacent to the Property(including installation costs, if any, as determined by electrical power provider), engineering review, and street signs. X. Developer shall submit detailed water main, fire protection, and emergency vehicle access plans to the Fire Marshal for review and approval. Developer shall follow all the recommendations of the Fire Marshal. XI. Developer acknowledges that the rights of City performance of obligations of Developer contemplated in this agreement are special, unique, and of an extraordinary character, and that, in the event that Developer violates, or fails, or refuses to perform any covenant, condition, or provision made herein, City may be without an adequate remedy at law. Developer agrees,therefore,that in the event Developer violates,fails,or refuses to perform any covenant, condition, or provision made herein, City may, at its option, institute and 16 Starbucks &BP Station Development Agreement prosecute an action to specifically enforce such covenant, withhold building permits or rescind or revoke any approvals granted by the City. No remedy conferred in this agreement is intended to be exclusive and each shall be cumulative and shall be in addition to every other remedy. The election of anyone or more remedies shall not constitute a waiver of any other remedy. XII. Developer shall,prior to the commencement of any improvements,provide written notice to Comcast of the development contemplated by this Development Agreement. Notice shall be sent to Comcast Cable, 9705 Data Park, Minnetonka, Minnesota 55343. XIII. Prior to building permit issuance,all fees associated with the building permit shall be paid to the Inspections Department,including;Building permit fee,plan check fee,State surcharge, metro system access charge(SAC),City SAC and City water access charge(WAC),and park dedication. Contact Metropolitan Waste Control to determine the number of SAC units. XIV. Prior to building permit issuance, except as otherwise authorized in the approved Plans, existing structures, wells and septic systems (if present) shall be properly abandoned or removed as required by City ordinance and all permits obtained through the Inspections Department. XV. Prior to building permit issuance,provide two copies of an approved survey or site plan(1"= 200 scale)showing proposed building location and all proposed streets,with approved street names, lot arrangements and property lines. XVI. The City shall not issue any building permit for the construction of any building,structure,or improvement on the Property until all requirements listed in this Exhibit C have been satisfactorily addressed by Developer. XVII. No failure of the City to comply with any term,condition,covenant or agreement herein shall subject the City to liability for any claim for damages, costs or other financial or pecuniary charges. No execution on any claim, demand, cause of action or judgment shall be levied upon or collected from the general credit, general fund or taxing powers of the City. XVIII. Prior to issuance of the first building permit for the Property, Developer shall permanently demarcate the location of the boundary of the conservation easement on each lot property line or corner with permanent four-foot tall posts. A 2 '/2 by 6 inch sign or decal reading "Scenic/Conservation Easement Boundary,City of Eden Prairie",will be affixed to the top of the post. XIX. Within 10 days of the approval of the Development Agreement,the Developer shall record the Development Agreement at the County Recorder and/or Registrar of Titles. The final plat shall not be released until proof of filing of the Development Agreement is submitted to the City. 17 Starbucks &BP Station Development Agreement XX. The City is hereby granted the option, but not the obligation, to complete or cause completion in whole or part of all of the Developer's obligations under this Agreement for which a bond, letter of credit, cash deposit or other security(hereinafter referred to as the "Security")is required if the Developer defaults with respect to any term or condition in this Agreement for which Security is required and fails to cure such default(s) within ten (10) days after receipt of written notice thereof from the City;provided however if the nature of the cure is such that it is not possible to complete the cure within ten (10) days, it shall be sufficient if the Developer has initiated and is diligently pursuing such cure. The Developer acknowledges that the City does not assume any obligations or duties of the Developer with respect to any such contract agreements unless the City shall agree in writing to do so. The City may draw down on or make a claim against the Security,as appropriate,upon five (5)business days notice to the Developer,for any violation of the terms of this Agreement or if the Security is allowed to lapse prior to the end of the required term. If the obligations for which Security is required are not completed at least thirty(30)days prior to the expiration of the Security and if the Security has not then been renewed,replaced or otherwise extended beyond the expiration date, the City may also draw down or make a claim against the Security as appropriate. If the Security is drawn down on or a claim is made against the Security, the proceeds shall be used to cure the default(s) and to reimburse the City for all costs and expenses, including attorneys' fee, incurred by the City in enforcing this Agreement. XXI. The Developer hereby grants the City, it's agents, employees, officers and contractors a license to enter the Property to perform all work and inspections deemed appropriate by the City in conjunction with this Agreement. XXII. This Agreement is a contract agreement between the City and the Developer. No provision of this Agreement inures to the benefit of any third person,including the public at large,so as to constitute any such person as a third-party beneficiary of the Agreement or of any one or more of the terms hereof, or otherwise give rise to any cause of action for any person not a party hereto. XXIII. Except as specifically authorized by the Director of Public Works,no permit shall be issued for the Property until the Developer has recorded the final plat with Hennepin County Recorder's Office/Registrar of Titles' Office. 18 Starbucks &BP Station Development Agreement EXHIBIT D—STARBUCKS & BP STATION DEVELOPMENT AGREEMENT TRAIL EASEMENT The undersigned Grantor(s) for good and valuable consideration, the receipt whereof is hereby acknowledged, do hereby grant and convey to City of Eden Prairie, a municipal corporation of the State of Minnesota, (Grantee), a permanent trail easement("Easement") for the following uses and purposes and subject to the following terms and conditions on, over, under and across real property in the County of Hennepin, State of Minnesota, which Easement is described on Exhibit A, depicted in Exhibit B (if used) and made a part hereof. 1. Uses and Purposes. The Easement shall be for the following purposes and uses: A. For construction, operation, maintenance, and replacement of a trail and/or sidewalk and associated appurtenances; B. For pedestrian uses of a sidewalk and trail by the public as authorized by the Grantee; C. For travel by the public in or on motorized vehicles authorized by the Grantee; D. To remove, cut and trim trees, shrubs and vegetation. 2. Nonexclusive. The Easement shall be nonexclusive;provided,however,this Easement shall be prior to and superior to any other easement hereinafter granted. Any future easement shall be subject to and subordinate to,and shall not interfere with,the Easement without the consent,in writing, of Grantee. 3. Duration of Easement. The Easement shall be perpetual, shall run with the land, shall be binding upon Grantor and its successors and assigns and shall be for the benefit of Grantee and its successors and assigns. 19 Starbucks &BP Station Development Agreement 4. Grantor Ownership. Grantor(s) warrant they are the owners of the real property subject to this Easement and have the lawful right and authority to convey and grant the Easement herein granted. Executed this day of 20_ GRANTOR [insert name] By: It's STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) This instrument was acknowledged before me on ,20_,by the of , a company organized under the laws of the State of , on behalf of the company. Notary Public Drafted By: City of Eden Prairie Engineering Department 8080 Mitchell Road Eden Prairie,MN 55344 20 Starbucks &BP Station Development Agreement DEVELOPMENT AGREEMENT - STARBUCKS & BP STATION OWNERS' SUPPLEMENT TO DEVELOPMENT AGREEMENT BETWEEN RIDGECREST INVESTORS, LLC AND THE CITY OF EDEN PRAIRIE THIS AGREEMENT,made and entered into as of ,2016 by and between P& T Ventures dated ,2016("Owner"),and the CITY OF EDEN PRAIRIE("City"): For, and in consideration of, and to induce City to adopt Resolution No. 2016-49 for Guide Plan Change, Resolution No. 2016-50 for Planned Unit Development Concept Review, Ordinance No. for Planned Unit Development District Review and Zoning District Change from to , Resolution No. for Site Plan Review, and Resolution No. for Preliminary Plat, as more fully described in that certain Development Agreement entered into as of , 2016,by and between Ridgecrest Investors, LLC, a Minnesota limited liability company, and City("Development Agreement")pertaining to that certain Property described on Exhibit A hereto,Owner agrees with City as follows: 1. If Ridgecrest Investors, LLC, fails to commence development in accordance with the Development Agreement and fails to obtain an occupancy permit for all of the improvements referred to in the Development Agreement within 24 months of the date of this Owners' Supplement, Owner shall not oppose the City's reconsideration and rescission of Resolution No. 2016-49 for Guide Plan Change, Resolution No. 2016-50 for Planned Unit Development Concept Review, Ordinance No. for Planned Unit Development District Review and Zoning District Change from to , Resolution No. for Site Plan Review, and Resolution No. for Preliminary Plat, identified above, thus restoring the status of the Property before the Development Agreement and all approvals listed above were approved. 2. This Agreement and the Development Agreement shall be binding upon and enforceable against the Property and the Owner, their successors and assigns of the Property. 3. If Owner transfers this Property, Owner shall obtain an agreement from the transferee requiring that such transferee agree to all of the terms, conditions and obligations of"Developer" in the Development Agreement. Neither the Owner or transferee are required to develop the property in accordance with this Agreement, so long as Owner or transferee obtain such approvals as are required by City Code to develop the Property in a manner other than as set forth in this Agreement. 21 Starbucks &BP Station Development Agreement 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 Ron Case Its Acting Mayor By Rick Getschow Its City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2016, by Ron Case and Rick Getschow,respectively the Acting Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. Notary Public 22 Starbucks &BP Station Development Agreement P &V Ventures,LLC STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2016,by dated , 2016. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 23 Starbucks &BP Station Development Agreement EXHIBIT A - OWNERS SUPPLEMENT - STARBUCKS & BP STATION Legal Description Before Final Plat Parcel 1 That part of Lot 1, Block 1, Shady Oak Crosstown Addition, embraced within the West 282.5 feet of the Northwest Quarter of the Northwest Quarter of Section 1, Township 116, Range 22 as measured along the North and South lines of said Northwest Quarter of the Northwest Quarter. Torrens Property Being registered las as evidenced by Certificate of Title No. 1178482. Parcel 2 That part of the Southwest Quarter of the Southwest Quarter of Section 36, Township 117, Range 22, Hennepin County, Minnesota, described as follows: Commencing at the Northwest corner of Section 1, Township 116, Range 22; thence on an assumed bearing of North 87 degrees 01 minute 59 seconds East along the South line of said Southwest Quarter of the Southwest Quarter, a distance of 47.27 feet to the point of beginning of the tract of land to be described; thence North 6 degrees 16 minutes 29 seconds West , a distance of 7.74 feet; thence North 56 degrees 19 minutes 50 seconds East a distance of 96.26 feet; thence North 77 degrees 06 minutes 08 seconds East, a distance of 198.93 feet; thence South 29 degrees 35 minutes 59 seconds East, a distance of 102.01 feet to the South line of said Southwest Quarter of the Southwest Quarter; thence South 87 degrees 01 minute 59 seconds West along said South line, a distance of 324.00 feet to the point of beginning. Parcel 3 Lot 1, Block 1, Shady Oak Crosstown Addition, according to the recorded plat thereof, and situate in Hennepin County, Minnesota EXCEPTING that portion embraced within the West 282.5 feet of the Northwest Quarter of the Northwest Quarter of Sectionl, Township 116, Range 22 as measured along the North and South lines of said Northwest Quarter of the Northwest Quarter. Legal Description After Final Plat Lots 1 and 2, Block 1, Shady Oak Crosstown Second Addition, Hennepin County, Minnesota. 24 Starbucks &BP Station Development Agreement CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda May 3, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.C. Community Development/Planning Park Nicollet Health Services Janet Jeremiah/Julie Klima Requested Action Move to: • Approve 2nd Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District Amendment within the Office Zoning District on 4.61 acres; and • Approve Resolution for Site Plan Review on 4.61 acres; and • Approve the Development Agreement. Synopsis This is final approval of the Development Agreement and plans for the construction of an addition to the existing Park Nicollet facility at 8455 Flying Cloud Drive. Background Information The 120-Day Review Period Expires on June 5, 2016. Attachments 1. Ordinance for PUD District Review 2. Summary Ordinance 3. Resolution for Site Plan Review 4. Development Agreement PARK NICOLLET HEALTH SERVICES CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 8-2016-PUD-5-2016 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA,AMENDING CERTAIN LAND WITHIN A ZONING DISTRICT,AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT,AND,ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be amended within the Office Zoning District 8-2016-PUD-5-2016 (hereinafter "PUD-5-2016-OFC). Section 3. The City Council hereby makes the following findings: A. PUD-5-2016-OFC is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-5-2016-OFC 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-5-2016-OFC are justified by the design of the development described therein. D. PUD-5-2016-OFC 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 May 3, 2016, entered into between Park Nicollet Clinic, a Minnesota nonprofit corporation, and the City of Eden Prairie, (hereinafter"Development Agreement"). The Development Agreement contains the terms and conditions of PUD-5-2016- OFC, 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 Office Zoning District and shall be included hereafter in the Planned Unit Development 5-2016-OFC, 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 5th day of April, 2016, 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 May, 2016. ATTEST: Kathleen Porta, City Clerk Ron Case, Acting Mayor PUBLISHED in the Eden Prairie News on , 2016. EXHIBIT A PUD Legal Description — Tract A, Registered Land Survey No. 1394, Hennepin County, Minnesota Registered Land—Certificate of Title No. 1125703 PARK NICOLLET HEALTH SERVICES CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 8-2016-PUD-5-2016 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 8455 Flying Cloud Drive within the Office 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 Ron Case, Acting Mayor PUBLISHED in the Eden Prairie News on , 2016. (A full copy of the text of this Ordinance is available from City Clerk.) CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2016- A RESOLUTION GRANTING SITE PLAN APPROVAL FOR PARK NICOLLET HEALTH SERVICES BY BWBR WHEREAS, BWBR has applied for Site Plan approval of Park Nicollet Health Services to construct an addition to the existing Park Nicollet Health Services facility by an Ordinance approved by the City Council on May 3, 2016; and WHEREAS, the Planning Commission reviewed said application at a public hearing at its February 22, 2016 meeting and recommended approval of said site plans; and WHEREAS, the City Council has reviewed said application at a public hearing at its April 5, 2016 meeting. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,that site plan approval is granted to Park Nicollet Health Services based on the Development Agreement between Park Nicollet Clinic and the City of Eden Prairie, reviewed and approved by the City Council on May 3, 2016. ADOPTED by the City Council of the City of Eden Prairie this 3rd day of May, 2016. Ron Case, Acting Mayor ATTEST: Kathleen Porta, City Clerk DEVELOPMENT AGREEMENT PARK NICOLLET HEALTH SERVICES THIS DEVELOPMENT AGREEMENT ("Agreement") is entered into as of May 3, 2016, by Park Nicollet Clinic, a Minnesota nonprofit corporation, hereinafter referred to as "Developer," its successors and assigns, and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City": WITNESSETH: WHEREAS,Developer has applied to City for Planned Unit Development District Review with waivers and Zoning District Amendment within the Office Zoning District on 4.61 acres and Site Plan Review on 4.61 acres, legally described on Exhibit A(the "Property"); NOW,THEREFORE,in consideration of the City adopting Ordinance No. for Planned Unit Development District Review with waivers and Zoning District Amendment within the Office Zoning District on 4.61 acres and Resolution No. for Site Plan Review on 4.61 acres, Developer agrees to construct, develop and maintain the Property as follows: 1. PLANS: Developer shall develop the Property in conformance with the materials revised and stamp dated March 30, 2016, reviewed and approved by the City Council on May 3, 2016, (hereinafter the "Plans") and identified on Exhibit B, subject to such changes and modifications as provided herein. 1 Park Nicollet Development Agreement 2. EXHIBIT C: Developer agrees to the terms, covenants, agreements, and conditions set forth in Exhibit C. 3. DEVELOPER'S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a violation of City Code relating to use of the Land construction thereon or failure to fulfill an obligation imposed upon the Developer pursuant to this Agreement,City shall give 24 hour notice of such violation in order to allow a cure of such violation, provided however, City need not issue a building or occupancy permit for construction or occupancy on the Land while such a violation is continuing,unless waived by City. The existence of a violation of City Code or the failure to perform or fulfill an obligation required by this Agreement shall be determined solely and conclusively by the City Manager of the City or a designee. 4. DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer shall release,defend and indemnify City,its elected and appointed officials,employees and agents from and against any and all claims, demands, lawsuits, complaints, loss, costs (including attorneys' fees), damages and injunctions relating to any acts, failures to act, errors, omissions of Developer or Developer's consultants,contractors,subcontractors,suppliers and agents. Developer shall not be released from its responsibilities to release, defend and indemnify because of any inspection, review or approval by City. 5. EXTERIOR MATERIALS: Prior to building permit issuance,Developer shall submit to the City Planner,and receive the City Planner's written approval of a plan depicting exterior materials and colors to be used on the buildings on the Property. Prior to issuance of any occupancy permit for the Property, Developer shall complete implementation of the approved exterior materials and colors plan in accordance with the terms and conditions of Exhibit C, attached hereto. 6. GRADING, DRAINAGE, AND STORMWATER POLLUTION PREVENTION PLANS: A. FINAL GRADING AND DRAINAGE PLAN: Developer agrees that the grading and drainage plan contained in the Plans is conceptual. Prior to the release of a land alteration permit for the Property, Developer shall submit and obtain the City Engineer's written approval of a final grading and drainage plan for the Property. The final grading and drainage plan shall include all wetland information, including wetland boundaries,wetland buffer strips and wetland buffer monument locations;all Stormwater Facilities, such as water quality ponding areas, stormwater detention areas, and stormwater infiltration systems; and any other items required by the application for and release of a land alteration permit. All design calculations for storm water quality and quantity together with a drainage area map shall be submitted 2 Park Nicollet Development Agreement with the final grading and drainage plan. Prior to release of the grading bond, Developer shall certify to the City that the Stormwater Facilities conform to the final grading plan and that the Stormwater Facilities are functioning in accordance with the approved plans. Developer shall employ the design professional who prepared the final grading plan. The design professional shall monitor construction for conformance to the approved final grading plan and Stormwater Pollution Prevention Plan(SWPPP). The design professional shall provide a final report to the City certifying completion of the grading in conformance the approved final grading plan and SWPPP. In addition,the design professional retained by the Developer to perform the monitoring of the Project shall be responsible for all monitoring, data entry and reporting to the PermiTrack ESC web-based erosion and sediment permit tracking program utilized by the City. B. STORMWATER FACILITY CONSTRUCTION: Stormwater Facilities, including detention basins,retention basins,"Stormwater Infiltration"or"Filtration Systems"(such as rainwater gardens,vegetated swales,infiltration basins,vegetated filters, filter strips, curbless parking lot islands, parking lot islands with curb-cuts, traffic islands, tree box filters, bioretention systems or infiltration trenches) or "Underground Systems" (such as media filters, underground sand filters, underground vaults,sedimentation chambers,underground infiltration systems,pre- manufactured pipes, modular structures or hydrodynamic separators) shall be maintained by the Developer during construction and for a minimum of two(2) full growing seasons after completion of the development to ensure that soil compaction, erosion, clogging, vegetation loss, channelization of flow or accumulation of sediment are not occurring,and thereafter by the Owner of the Property.Planting and Maintenance Plans for the Stormwater Facilities (where appropriate)to ensure that the Stormwater Facilities continue to function as designed in perpetuity must be submitted prior to release of the first building permit for the Development Developer shall employ the design professional who prepared the final grading plan to monitor construction of the Stormwater Facilities for conformance to the Minnesota Pollution Control Agency publication entitled"State of Minnesota Storm Water Manual" dated November 2005, the approved final grading plan and the requirements listed herein. All inspections of underground systems shall be performed by personnel that have approved OSHA confined space training. Maintenance techniques must be used during construction to protect the infiltration capacity of all Stormwater Infiltration Systems by limiting soil compaction to the greatest extent possible. This must include delineation of the proposed infiltration system with erosion control fencing prior to construction; installation of the infiltration system using low-impact earth moving equipment; and not allowing 3 Park Nicollet Development Agreement equipment,vehicles, supplies or other materials to be stored or allowed in the areas designated for stormwater infiltration during construction. In areas of structural infiltration Developer shall prior to construction of the infiltration system provide a plan that addresses: (i) construction management practices to assure the infiltration system will be functional; (ii), erosion control measures; (iii) infiltration capacity; (iv) performance specifications that the completed infiltration system must meet to be considered functional by City and(v) corrective actions that will be taken if the infiltration system does not meet the performance specification. All Stormwater Infiltration Systems must be inspected prior to final grading to ensure that the area is infiltrating as proposed and to determine if corrective measures are required to allow infiltration as proposed. Field verification of post-construction infiltration rates must be provided to the City within 30 days after the first rainfall event of inch or greater after the Stormwater Infiltration Systems become operational. If infiltration rates are reduced a plan to restore adequate infiltration must be provided within 90-days of the field verification test. The work required to bring the Stormwater Infiltration System back into compliance be implemented within 60 days of City approval of the plan. Pervious surfaces shall be stabilized with seed and mulch or sod and all impervious surfaces must be completed prior to final grading and planting of the Stormwater Infiltration Systems. Stormwater Infiltration Systems that are constructed under a building shall be designed for maintenance access and installed in conformance with the standards outlined in The Minnesota Stormwater Manual (November 2005) and/or the Plans. The System shall be kept off-line until construction is complete. Field verification of post-construction infiltration rates must be provided to the City within 30 days after the first rainfall event of one-half inch or greater following the Storm Water Infiltration Systems becoming operational. If the infiltration rates are reduced by construction,a plan to restore adequate infiltration must be provided within 90-days of the field test C. STORMWATER FACILITY INSPECTION AND MAINTENANCE: A Stormwater Maintenance Plan must be provided for operation and maintenance of all Stormwater Facilities to ensure they continue to function as designed in perpetuity prior to issuance of the Land Alteration Permit. The Stormwater Maintenance Plan must identify and protect the design, capacity and functionality of all Stormwater Facilities. The Maintenance Plan must contain at a minimum: the party(s) responsible for maintenance; access plans; inspection frequency; methods used for field verification of infiltration for Stormwater Infiltration Systems;routine and non- 4 Park Nicollet Development Agreement routine inspection procedures; sweeping frequency for all parking and road surfaces; plans for restoration of reduced infiltration for Stormwater Infiltration Systems;and plans for replacement of failed systems,all pursuant to and in accordance with Eden Prairie City Code Section 11.55, Subd. 8. During construction and for two years following completion of construction, all Stormwater Facilities shall be inspected at a minimum of once annually to determine if the Stormwater Facility(s) is treating stormwater as designed and should occur within 72-hours after a rainfall event of one-inch or greater to verify infiltration. All Stormwater Facilities shall be kept free of debris,litter,invasive plants and sediment. Erosion impairing the function or integrity of the Stormwater Facilities,if any,must be corrected and any structural damage impairing or threatening to impair the function of the Stormwater Facilities must be repaired. The following criteria must be included in the inspection: • A storage treatment basin(including retention and detention basins)shall be considered inadequate if sediment has decreased the wet storage volume by 50 percent or dry storage volume by 25 percent of its original design volume. • A Stormwater Infiltration System shall be considered inadequate if sediment has accumulated that impairs or has the potential to impair infiltration of stormwater. • An underground storage chamber shall be considered inadequate if sediment has decreased the storage volume by 50 percent of its original design volume. Based on this inspection,if a Stormwater Facility requires cleanout,the Stormwater Facility shall be restored to its original design and/or the infiltration capacity of the underlying soils must be restored and any surface disturbance must be stabilized within one year of the inspection date. Sediment, debris, litter or vegetation removal in Stormwater Infiltration Systems shall be by hand or with a flat-bottomed shovel or rake during dry periods. Only enough sediment shall be removed as needed to restore hydraulic capacity,leaving as much of the vegetation in place as possible. Any damaged turf or vegetation shall be reseeded or replaced. After the two year period of maintenance,the Owner of the Property shall continue to be responsible for maintenance of the Stormwater Facilities. This shall include inspections at a minimum of once per every five years. Regular maintenance shall be conducted and must include regular sweeping of private streets,parking lots or drive aisles at a minimum of once per year; debris and litter removal;removal of noxious and invasive plants;removal of dead and diseased plants; maintenance of approved 5 Park Nicollet Development Agreement vegetation; re-mulching of void areas; replanting or reseeding areas where dead or diseased plants were removed;and removal of sediment build-up. Sediment build-up in above-ground Stormwater Infiltration or Filtration Systems shall be removed by hand. Areas above Underground Systems shall be kept free of structures that would limit access to the System for inspections, maintenance or replacement. D. STORMWATER POLLUTION PREVENTION PLAN (SWPPP): Prior to issuance of a land alteration permit,Developer shall submit to the City Engineer and obtain City Engineer's written approval of Stormwater Pollution Prevention Plan (SWPPP) for the Property. The SWPPP shall include all boundary erosion control features, temporary stockpile locations, turf restoration procedures, concrete truck washout areas and any other best management practices to be utilized within the Project. Prior to release of the grading bond, Developer shall complete implementation of the approved SWPPP. 7. IRRIGATION PLAN: Developer shall submit to the City Planner and receive the City Planner's written approval of a plan for irrigation of the landscaped areas on the Property. The irrigation plan shall be designed so that water is not directed on or over public trails and sidewalks. Developer shall complete implementation of the approved irrigation plan in accordance with the terms and conditions of Exhibit C prior to issuance of any occupancy permit for the Property. 8. LANDSCAPE PLAN: Prior to building permit issuance,the Developer shall submit to the City Planner and receive the City Planner's written approval of a final landscape plan for the Property depicting a total of 38 caliper inches. The approved landscape plan shall be consistent with the quantity,type,and size of plant materials shown on the landscape plan on the Plans. Developer shall furnish to the City Planner and receive the City Planner's written approval of a security in the form of a bond,cash escrow,or letter of credit,equal to 150%of the cost of said improvements as required by City Code. Prior to issuance of any occupancy permit for the Property, Developer shall complete implementation of the approved landscape plan in accordance with the terms and conditions of Exhibit C. 9. MECHANICAL EQUIPMENT SCREENING: Developer shall submit to the City Planner,and receive the City Planner's written approval of a plan for screening of mechanical equipment on the Property. For purposes of this paragraph, "mechanical equipment" includes gas meters, electrical conduit,water meters, and standard heating,ventilating, and air-conditioning units. Security to guarantee construction of said screening shall be included with that provided for landscaping on the Property, in accordance with City Code requirements. Developer shall complete implementation of the approved plan prior to 6 Park Nicollet Development Agreement issuance of any occupancy permit for the Property. If,after completion of construction of the mechanical equipment screening,it is determined by the City Planner,in his or her sole discretion,that the constructed screening does not meet the Code requirements to screen mechanical equipment from public streets and differing, adjacent land uses, then the City Planner shall notify Developer and Developer shall take corrective action to reconstruct the mechanical equipment screening in order to cure the deficiencies identified by the City Planner. Developer agrees that the City will not release the security provided until Developer completes all such corrective measures. 10. OTHER AGENCY APPROVALS: Prior to the issuance of any land alteration permit for the Property, the Developer shall submit to the City Planner, copies of all necessary approvals issued by other agencies for the project. The agencies issuing such approvals include,but are not necessarily limited to, the following: the Minnesota Pollution Control Agency, Metro Waste Control Commission, and Watershed District. 11. PUD WAIVERS GRANTED: The city hereby grants the following waivers to City Code requirements within the Office Zoning District through the Planned Unit Development District Review for the Property and incorporates said waivers as part of PUD: 1. Parking setback along Flying Cloud Drive. City Code requires a 35 foot parking setback. The existing condition includes the 2 northern most parking stalls along the west property line that encroach within the setback area. The proponent is seeking a waiver to reflect the existing condition of a 22 foot setback. 2. Parking setback of 10 feet along the western property line. The existing parking encroaches into the required 10 foot setback. The proponent is seeking a waiver to reflect the existing condition of a 7 foot setback. 3. Parking count. A waiver to allow 159 parking stalls. City Code requires 182 parking stalls. 12. RETAINING WALLS: Prior to issuance by the City of any permit for grading or construction on the Property, Developer shall submit to the Chief Building Official, and obtain the Chief Building Official's written approval of detailed plans for the retaining walls identified on the grading plan in the Plans. These plans shall include details with respect to the height,type of materials,and method of construction to be used for the retaining walls. Developer shall complete implementation of the approved retaining wall plan in accordance with the terms and conditions of Exhibit C, attached hereto, prior to issuance of any occupancy permit for the Property. All maintenance and repair of all retaining walls on the Property shall be the responsibility of 7 Park Nicollet Development Agreement the Developer, its successors and assigns. 13. SIDEWALK AND TRAIL CONSTRUCTION: Prior to issuance by City of any building permit on the Property, Developer shall submit to the Director of Parks and Recreation Services and obtain the Director's written approval of detailed plans for sidewalks and trails to be constructed. Sidewalks and trails shall be constructed in the following locations: A. A five-foot wide concrete sidewalk or an eight-foot wide bituminous trail, as determined by City in its sole discretion, to be located from the existing trail at the intersection of Medcom Blvd and Flying Cloud Drive south along Medcom Blvd to the south property line as depicted in the Plans. The City will determine whether a sidewalk or trail will be required as part of the City's design process for Medcom Blvd.. Developer shall complete implementation of the approved plans in accordance with the terms of Exhibit C prior to issuance of any occupancy permit for the Property. Bonding in accordance with City Code shall be required for sidewalk construction. 14. MEDCOM BOULEVARD: The City has initiated design work for the extension of Medcom Boulevard to Franlo Road. Based on preliminary design information the limits of the Developer's project are anticipated to overlap with the proposed Medcom Boulevard project. The Developer shall coordinate their final design and construction activities with the City's Design for Medcom Boulevard.In particular modifications to the Plans shall be made by Developer if the City Engineer determines,in his sole discretion,that modification of the Plans is necessary to address the interface of the Plans with the Design for Medcom Boulevard. 15. SIGNS: Developer agrees that for each sign which requires a permit by Eden Prairie City Code, Section 11.70,Developer shall file with the City Planner and receive the City Planner's written approval of an application for a sign permit. The application shall include a complete description of the sign and a sketch showing the size, location,the manner of construction, and other such information as necessary to inform the City of the kind, size, material construction,and location of any such sign,consistent with the sign plan shown on the Plans and in accordance with the requirements of City Code, Section 11.70, Subdivision 5a. 16. SITE LIGHTING: Prior to building permit issuance, Developer shall submit to the City Planner and receive the City Planner's written approval of a plan for site lighting on the Property. All pole lighting shall consist of downcast cut off fixtures not to exceed 25 feet in height. Illumination shall be limited to 0.5 footcandle at the property line. Developer shall complete implementation of the approved lighting plan prior to issuance of any occupancy permit for the Property. 17. TRAIL AND SIDEWALK EASEMENTS:Prior to the release of a building permit for the 8 Park Nicollet Development Agreement Property,Developer shall submit a Trail and Sidewalk Easement,attached as Exhibit D,for review and written approval by the Director of Parks and Recreation Services, over that portion of the Property,as delineated on the Plans for the proposed sidewalk or trail adjacent to Medcom Boulevard and for a portion of the existing trail at the intersection of Flying Cloud Drive and Medcom Boulevard.. After approval by the City,Developer shall file the Trail and Sidewalk Easement with the Hennepin County Recorder/Registrar of Title as prior to recording of any document affecting the property including but not limited to any mortgage granted by the Developer or owners, their successors and/or assigns. Prior to the issuance of the first building permit for the Property,Developer shall submit to the City Engineer proof that the Trail and Sidewalk Easement has been recorded in the Hennepin County Recorder's Office/Registrar of Titles' Office. 18. TRASH ENCLOSURE: Developer has submitted to the City Planner, and obtained the City Planner's written approval of a plan for the design and construction of the outside trash enclosure for the Property. This trash enclosure shall be constructed with heavy duty steel gates that completely screen the interior of the enclosure. Developer shall complete implementation of the trash enclosure plan prior to issuance of any occupancy permit for the Property. 19. TRAVEL DEMAND MANAGEMENT PLAN: Prior to issuance of the building permit for the Property, Developer shall submit to the Traffic Engineer and receive the Traffic Engineer's approval of a Travel Demand Management (TDM) Plan. The Developer shall implement the TDM Plan at the site to help reduce traffic congestion. Prior to issuance of the building permit for the Property, Developer shall furnish to the Traffic Engineer and receive the Traffic Engineer's approval of a TDM performance bond, cash escrow, letter of credit with a corporation approved by the City Manager or other guarantee acceptable to the City Manager(hereinafter referred to as the"Security")equal to 100% of the cost ($30,000) of implementing the first two (2) years of the TDM Plan. The Developer shall initiate implementation of the TDM Plan, including active marketing to its employees and all building tenants and their employees 3 months after a certificate of occupancy has been issued. In order to enable the City to determine when the Property has achieved the above occupancy rate, the Developer shall provide to the City upon request a Rent Roll certified by the Property manager identifying the current tenants,the number of rentable square feet leased by each tenant; and the total number of rentable square feet in the Property. The Security will be reduced to the Developer on a "draw-down" basis, in the following manner: A. The City will consider reduction or release of the Security at the following times: 9 Park Nicollet Development Agreement - Upon completion of items associated with plan start up. - After 1 calendar year of TDM plan implementation - After 2 calendar years of TDM plan implementation and completion of the plan evaluation. B. To request a reduction or release of the Security the Developer shall submit to the Traffic Engineer a letter requesting a reduction and a summary of the TDM activities completed to date. A summary of the required information can be obtained for the Traffic Engineer upon request. C. The City shall have 30 business days to review requests for reduction or release of the Security and provide indication of approval or objection to any part of the request. If the Developer fails to implement the TDM plan in accordance with its terms,the City may draw upon the Security in whole or in part to pay the cost of implementation. 20. TREE LOSS - TREE REPLACEMENT: There are 477 diameter inches of significant trees on the Property. Tree loss related to development on the Property is calculated at 185 diameter inches. Tree replacement requirements are 102 caliper inches.Prior to the issuance of any grading permit for the Property, Developer shall submit to the City Forester and receive the City Forester's written approval of a tree replacement plan for 102 caliper inches. This approved plan shall include replacement trees of a 2.5 inch diameter minimum size for a shade tree and a 6 foot minimum height for conifer trees. The approved plan shall also provide that, should actual tree loss exceed that calculated herein, Developer shall provide tree replacement on a caliper inch per caliper inch basis for such excess loss. Prior to issuance of any grading permit for the Property,Developer shall furnish to the City Planner and receive the City Planner's approval of a tree replacement bond equal to 150%of the cost of said improvements as required by City Code. Developer shall complete implementation of the approved tree replacement plan prior to occupancy permit issuance. 21. UTILITY EASEMENTS: Prior to the release of the building permit for the Property, Developer shall convey a 20'wide drainage and utility easement to the City over the existing storm sewer as depicted in the Plans. 22. WETLAND PLAN: Prior to release of the land alteration permit for any portion of the Property, Developer shall submit to the Environmental Coordinator and receive the Environmental Coordinator's approval of a Wetland Plan. The approved Wetland Plan shall be consistent with the materials and requirements shown on the Plans and as required by City Code. The Plan shall include the following elements. 10 Park Nicollet Development Agreement A. Wetland Delineation and Wetland Buffer Strip Evaluation: Developer shall submit to the City a Wetland Buffer Strip Evaluation Report("Buffer Report") and Wetland Delineation Report in accordance with the Wetland Plan and City Code requirements. If the Delineation or Buffer Reports identify any unacceptable vegetation or other conditions, the wetland and/or wetland buffer strip shall be graded, treated, reseeded and/or replanted (thereon known as "Landscaping", or "Landscaped")by the Developer within 90 days of submission of the Buffer Report or within 90 days after receipt of a wetland permit for wetland alteration. If the Wetland Plan is submitted after September 30th,the Landscaping must be completed by June 30th of the following year. If Landscaping of the wetland and/or wetland buffer strip is required,the Developer shall submit a signed statement by a qualified wetland consultant, as determined by the City Manager, stating that the wetland and/or wetland buffer strip vegetation complies with all City requirements within 30 days of completion of the Landscaping of the wetland and/or wetland buffer strip. B. Annual Wetland and Wetland Buffer Strip Evaluation: Developer shall submit a signed contract with a qualified wetland consultant, as determined by the City Manager and/or designee,for preparation of an Annual Wetland and Wetland Buffer Strip Evaluation Report(Annual Buffer Report) that evaluates the condition of the wetland(s)and wetland buffer strip(s)and to determine if they are in compliance with all City requirements. The Annual Buffer Report shall provide both an action plan and proposed cost for correction of all problems identified within the wetland(s) and/or wetland buffer strip(s). The first Annual Buffer Report shall be submitted no later than November 1 of the calendar year in which construction of the wetland and/or wetland buffer strip is commenced. Thereafter, this report shall be submitted annually until two full growing seasons following completion of the development have passed, at which point a final Annual Report shall be submitted. The final Annual Buffer Report shall evaluate the wetland(s) and wetland buffer strip(s) to determine if the wetland(s) and/or wetland buffer strip(s)remain in compliance with all City requirements. If any unacceptable conditions or vegetation are identified within the Annual Buffer Reports or final Annual Buffer Report, the Developer shall correct the area(s) identified within 90 days of submission of the Annual Buffer Report. C. Conservation Easement: Developer shall submit a Conservation Easement attached as Exhibit E,for review and written approval by the Environmental Coordinator,for the area(s) delineated on the Plans. After approval by the City, Developer shall file the Conservation Easement with the Hennepin County Recorder/Registrar of Title as appropriate immediately after the recording of the final plat and prior to recording of any document affecting the property including but not limited to any mortgage 11 Park Nicollet Development Agreement granted by the Developer or owners, their successors and/or assigns. Prior to the issuance of the first building permit for the Property, Developer shall submit to the Environmental Coordinator proof that the Conservation Easement has been recorded in the Hennepin County Recorder's Office/Registrar of Titles'Office. D. Wetland Buffer Strip Monuments: The Wetland Plan shall include a plan to install all wetland buffer strip monuments for the property prior to release of the first building permit for any portion of the Property. The Security referred to in paragraph E below shall include the cost for location, including surveying, and installation of the monuments. Wetland buffer strip monument locations shall be shown on the final grading plan and final plat. The monument shall consist of a post and a wetland buffer strip sign. The post shall be a 1.12 to 2.0 pounds per foot (1.12 pounds per foot is preferred) green steel channel post or other material pre-approved in writing by the City Manager. The post shall be a minimum of 2.25 inches wide and 6 feet 6 inches long (2.25"x 6.5'). The sign shall have a minimum size of 3 inch by 8 inch (3"x 8"). The sign shall be mounted flush with the top of the post and shall include the statement"Conservation Easement:No Mowing Allowed Wetlands and buffers filter pollutants,reduce flooding and provide habitat". The post shall be mounted to a height of four feet above grade and set at least 2.5 feet in the ground. Removal of the wetland buffer strip monuments is prohibited. E. Wetland Performance Bond: Developer shall furnish to the Environmental Coordinator and receive the Environmental Coordinator's approval of a Wetland Plan performance bond,cash escrow,or letter of credit with a corporation approved by the City Manager or other guarantee acceptable to the City Manager(hereinafter referred to as the"Security")equal to 150%of the cost,as estimated by the City Manager,of completing said Wetland Plan requirements and/or Landscaping as depicted on the Plans and as required by City Code. Said Security shall cover costs associated with the Wetland Plan during development and for two full growing seasons following completion of the development. If the Developer fails to implement the Wetland Plan in accordance with its terms, the City may draw upon the Security in whole or in part to pay the cost of implementation. 12 Park Nicollet Development Agreement 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 Ron Case Its Acting Mayor By Rick Getschow Its City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2016, by Ron Case and Rick Getschow,respectively the Acting Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. Notary Public 13 Park Nicollet Development Agreement Park Nicollet Clinic, a Minnesota nonprofit corporation By Its STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2016,by , the , of Park Nicollet Clinic, a Minnesota nonprofit corporation, on behalf of the corporation. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 14 Park Nicollet Development Agreement EXHIBIT A — PARK NICOLLET DEVELOPMENT AGREEMENT Tract A, Registered Land Survey No. 1394, Hennepin County, Minnesota 15 Park Nicollet Development Agreement EXHIBIT B - PARK NICOLLET DEVELOPMENT AGREEMENT Title Sheet dated 3/29/16 by BWBR Existing Conditions dated 3/29/16 by BWBR Site Demolition Plan dated 3/29/16 by BWBR Civil Site Plan dated 3/29/16 by BWBR Grading and Drainage Plan dated 3/29/16 by BWBR Storm Water Pollution Prevention Plan dated 3/29/16 by BWBR Utility Plan Sanitary Sewer&Watermain dated 3/29/16 by BWBR Utility Plan Storm Sewer dated 3/29/16 by BWBR Civil Details Sheet 250.CD dated 3/29/16 by BWBR Civil Details Sheet 251.CD dated 3/29/16 by BWBR Civil Details Sheet 252.CD dated 3/29/16 by BWBR Landscape Plan dated 3/29/16 by BWBR Tree Inventory Plan dated 3/29/16 by BWBR Landscape Details dated 3/29/16 by BWBR First and Second Floor Plans dated 3/29/16 by BWBR Exterior Elevations dated 3/29/16 by BWBR Electrical Site Plan dated 1/12/16 by BWBR 16 Park Nicollet Development Agreement EXHIBIT C — PARK NICOLLET DEVELOPMENT AGREEMENT I. Prior to release of any building permit, Developer shall submit to the City Engineer for approval two copies of a development plan(1"=100'scale) showing existing and proposed contours,proposed streets,and lot arrangements and size,minimum floor elevations on each lot,preliminary alignment and grades for sanitary sewer,water main,and storm sewer, 100- year flood plain contours, ponding areas, tributary areas to catch basins, arrows showing direction of storm water flow on all lots,location of walks,trails,and any property deeded to the City. II. Developer shall submit detailed construction and storm sewer plans to the Watershed District for review and approval. Developer shall follow all rules and recommendations of said Watershed District. III. Developer shall pay cash park fees as to all of the Property required by City Code in effect as of the date of the issuance of each building permit for construction on the Property. IV. If Developer fails to proceed in accordance with this Agreement within twenty-four (24) months of the date hereof,Developer,for itself,its successors,and assigns,shall not oppose the City's reconsideration and rescission of any Rezoning, Site Plan review and/or Guide Plan review approved in connection with this Agreement, thus restoring the status of the Property before the Development Agreement and all approvals listed above were approved. V. Provisions of this Agreement shall be binding upon and enforceable against the Property and the Owners, their successors and assigns of the Property. VI. The Developer hereby irrevocably nominates, constitutes, and appoints and designates the City as its attorney-in-fact for the sole purpose and right to amend Exhibit A hereto to identify the legal description of the Property after platting thereof. VII. Developer represents that it has marketable fee title to the Property, except: INSERT ANY NAME/COMPANY LISTED IN ANY OWNER'S SUPPLEMENT TO THE DEVELOPER'S AGREEMENT) With respect to any interest in all portions of the Property which Developer is required, pursuant to this Agreement, to dedicate or convey to the City (the "Dedicated Property"), Developer represents and warrants as follows now and at the time of dedication or conveyance: A. That Developer has marketable fee title free and clear of all mortgages, liens, and other encumbrances. Prior to final plat approval,Developer shall provide to the City 17 Park Nicollet Development Agreement a current title insurance policy insuring such a condition of title. B. That Developer has not used, employed, deposited, stored, disposed of, placed or otherwise allowed to come in or on the Dedicated Property,any hazardous substance, hazardous waste, pollutant, or contaminant, including, but not limited to, those defined in or pursuant to 42 U.S.C. § 9601,et. seq.,or Minn. Stat., Sec. 115B.01,et. seq. (such substances, wastes, pollutants, and contaminants hereafter referred to as "Hazardous Substances"); C. That Developer has not allowed any other person to use, employ, deposit, store, dispose of,place or otherwise have,in or on the Property,any Hazardous Substances. D. That no previous owner, operator or possessor of the Property deposited, stored, disposed of, placed or otherwise allowed in or on the Property any hazardous substances. Developer agrees to indemnify, defend and hold harmless City, its successors and assigns, against any and all loss,costs,damage and expense,including reasonable attorneys fees and costs that the City incurs because of the breach of any of the above representations or warranties and/or resulting from or due to the release or threatened release of Hazardous Substances which were, or are claimed or alleged to have been,used, employed, deposited, stored, disposed of, placed, or otherwise located or allowed to be located, in or on the Dedicated Property by Developer, its employees, agents, contractors or representatives. VIII. Developer acknowledges that Developer is familiar with the requirements of Chapter 11, Zoning,and Chapter 12, Subdivision Regulations,of the City Code and other applicable City ordinances affecting the development of the Property. Developer agrees to develop the Property in accordance with the requirements of all applicable City Code requirements and City Ordinances. IX. Prior to release of the final plat,Developer shall pay to City fees for the first three(3)years' street lighting on the public streets adjacent to the Property(including installation costs, if any, as determined by electrical power provider), engineering review, and street signs. X. Developer shall submit detailed water main, fire protection, and emergency vehicle access plans to the Fire Marshal for review and approval. Developer shall follow all the recommendations of the Fire Marshal. XI. Developer acknowledges that the rights of City performance of obligations of Developer contemplated in this agreement are special, unique, and of an extraordinary character, and that, in the event that Developer violates, or fails, or refuses to perform any covenant, condition, or provision made herein, City may be without an adequate remedy at law. Developer agrees,therefore,that in the event Developer violates,fails,or refuses to perform 18 Park Nicollet Development Agreement any covenant, condition, or provision made herein, City may, at its option, institute and prosecute an action to specifically enforce such covenant, withhold building permits or rescind or revoke any approvals granted by the City. No remedy conferred in this agreement is intended to be exclusive and each shall be cumulative and shall be in addition to every other remedy. The election of anyone or more remedies shall not constitute a waiver of any other remedy. XII. Developer shall,prior to the commencement of any improvements,provide written notice to Comcast of the development contemplated by this Development Agreement. Notice shall be sent to Comcast Cable, 9705 Data Park, Minnetonka, Minnesota 55343. XIII. Prior to building permit issuance,all fees associated with the building permit shall be paid to the Inspections Department,including;Building permit fee,plan check fee,State surcharge, metro system access charge(SAC),City SAC and City water access charge(WAC),and park dedication. Contact Metropolitan Waste Control to determine the number of SAC units. XIV. Prior to building permit issuance, except as otherwise authorized in the approved Plans, existing structures, wells and septic systems (if present) shall be properly abandoned or removed as required by City ordinance and all permits obtained through the Inspections Department. XV. Prior to building permit issuance,provide two copies of an approved survey or site plan(1"= 200 scale)showing proposed building location and all proposed streets,with approved street names, lot arrangements and property lines. XVI. The City shall not issue any building permit for the construction of any building,structure,or improvement on the Property until all requirements listed in this Exhibit C have been satisfactorily addressed by Developer. XVII. No failure of the City to comply with any term,condition,covenant or agreement herein shall subject the City to liability for any claim for damages, costs or other financial or pecuniary charges. No execution on any claim, demand, cause of action or judgment shall be levied upon or collected from the general credit, general fund or taxing powers of the City. XVIII. Prior to issuance of the first building permit for the Property, Developer shall permanently demarcate the location of the boundary of the conservation easement on each lot property line or corner with permanent four-foot tall posts. A 2 '/2 by 6 inch sign or decal reading "Scenic/Conservation Easement Boundary,City of Eden Prairie",will be affixed to the top of the post. XIX. Within 10 days of the approval of the Development Agreement,the Developer shall record the Development Agreement at the County Recorder and/or Registrar of Titles. The final plat shall not be released until proof of filing of the Development Agreement is submitted to 19 Park Nicollet Development Agreement the City. XX. The City is hereby granted the option, but not the obligation, to complete or cause completion in whole or part of all of the Developer's obligations under this Agreement for which a bond, letter of credit, cash deposit or other security(hereinafter referred to as the "Security")is required if the Developer defaults with respect to any term or condition in this Agreement for which Security is required and fails to cure such default(s) within ten (10) days after receipt of written notice thereof from the City;provided however if the nature of the cure is such that it is not possible to complete the cure within ten (10) days, it shall be sufficient if the Developer has initiated and is diligently pursuing such cure. The Developer acknowledges that the City does not assume any obligations or duties of the Developer with respect to any such contract agreements unless the City shall agree in writing to do so. The City may draw down on or make a claim against the Security,as appropriate,upon five (5)business days notice to the Developer,for any violation of the terms of this Agreement or if the Security is allowed to lapse prior to the end of the required term. If the obligations for which Security is required are not completed at least thirty(30)days prior to the expiration of the Security and if the Security has not then been renewed,replaced or otherwise extended beyond the expiration date, the City may also draw down or make a claim against the Security as appropriate. If the Security is drawn down on or a claim is made against the Security, the proceeds shall be used to cure the default(s) and to reimburse the City for all costs and expenses, including attorneys' fee, incurred by the City in enforcing this Agreement. XXI. The Developer hereby grants the City, it's agents, employees, officers and contractors a license to enter the Property to perform all work and inspections deemed appropriate by the City in conjunction with this Agreement. XXII. This Agreement is a contract agreement between the City and the Developer. No provision of this Agreement inures to the benefit of any third person,including the public at large,so as to constitute any such person as a third-party beneficiary of the Agreement or of any one or more of the terms hereof, or otherwise give rise to any cause of action for any person not a party hereto. XXIII. Except as specifically authorized by the Director of Public Works,no permit shall be issued for the Property until the Developer has recorded the final plat with Hennepin County Recorder's Office/Registrar of Titles' Office. 20 Park Nicollet Development Agreement EXHIBIT D — PARK NICOLLET DEVELOPMENT AGREEMENT TRAIL AND SIDEWALK EASEMENT The undersigned Grantor(s) for good and valuable consideration, the receipt whereof is hereby acknowledged, do hereby grant and convey to City of Eden Prairie, a municipal corporation of the State of Minnesota, (Grantee), a permanent trail and sidewalk easement ("Easement") for the following uses and purposes and subject to the following terms and conditions on, over,under and across real property in the County of Hennepin, State of Minnesota, which Easement is described on Exhibit A, depicted in Exhibit B (if used) and made a part hereof. 1. Uses and Purposes. The Easement shall be for the following purposes and uses: A. For construction, operation, maintenance, and replacement of a trail and/or sidewalk and associated appurtenances; B. For pedestrian uses of a sidewalk and trail by the public as authorized by the Grantee; C. For travel by the public in or on motorized vehicles authorized by the Grantee; D. To remove, cut and trim trees, shrubs and vegetation. 2. Nonexclusive. The Easement shall be nonexclusive;provided,however,this Easement shall be prior to and superior to any other easement hereinafter granted. Any future easement shall be subject to and subordinate to,and shall not interfere with,the Easement without the consent,in writing, of Grantee. 3. Duration of Easement. The Easement shall be perpetual, shall run with the land, shall be binding upon Grantor and its successors and assigns and shall be for the benefit of Grantee and its successors and 21 Park Nicollet Development Agreement assigns. 4. Grantor Ownership. Grantor warrants it is the owner of the real property subject to this Easement and has the lawful right and authority to convey and grant the Easement herein granted. Executed this day of 2016. GRANTOR Park Nicollet Clinic By: It's STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) This instrument was acknowledged before me on ,2016,by the of Park Nicollet Clinic, a Minnesota nonprofit corporation organized under the laws of the State of , on behalf of the corporation. Notary Public Drafted By: City of Eden Prairie Engineering Department 8080 Mitchell Road Eden Prairie,MN 55344 22 Park Nicollet Development Agreement EXHIBIT E - PARK NICOLLET DEVELOPMENT AGREEMENT CONSERVATION/SCENIC EASEMENT THIS EASEMENT AGREEMENT is made this day of , 2016, by and between Park Nicollet Clinic, a Minnesota nonprofit corporation, hereinafter referred to as "Grantor," and the CITY OF EDEN PRAIRIE, a Minnesota municipal corporation, hereinafter referred to as "City"; WHEREAS,Grantor is the fee owner of land located in Hennepin County,Minnesota,more fully described in Exhibit A, attached hereto and made a part hereof, and said land hereinafter referred to as "the Property"; and, WHEREAS, Grantor has marketable title to the Property, free and clear of all liens, mortgage, and encumbrances, except: WHEREAS, Grantor and City wish to enter into an agreement which will grant to City a conservancy/scenic easement for conservation and preservation of the terrain and vegetation,and to prohibit certain destructive acts thereon,over that portion of the Property as described in Exhibit B, hereinafter referred to as the "Easement Area, attached hereto; NOW,THEREFORE,in consideration of the premises contained herein,it is agreed by the parties as follows: 1. Grantor hereby conveys to City and its successors and assigns a conservation and scenic easement in,under, on, and over the Easement Area and City hereby accepts such conveyance. 2. The following terms and conditions shall apply to the Easement Area: A. The Easement Area shall be preserved predominantly in its natural condition. No trees, shrubs, or other vegetation shall be planted or removed from the Easement Area without the prior written consent of the City. The City will consider removal of noxious weeds, as defined by Minnesota Statutes Sections 18.76-18.88, upon submission and approval of a Vegetation Management Plan. No vegetation cutting,fertilizer application or placement of turfgrass, such as Kentucky bluegrass, shall occur within the Easement Area. B. No building,road,sign,billboard,utility,or other structure shall be placed in the Easement Area without the prior written consent of City. 23 Park Nicollet Development Agreement C. No trash, waste, or other offensive material, soil, or landfill shall be placed upon or within the Easement Area without the prior written consent of the City. D. No change in the general topography of the Easement Area landscape, including,but not limited,to excavation, dredging,movement, and removal or placement of soil, shall be allowed within the Easement Area without the prior written consent of the City. 3. With respect to the Easement Area, Grantor represents and warrants as follows: A. That Grantor has marketable title free and clear of all liens, encumbrances and mortgages. B. That Grantor has not used, employed,deposited, stored,disposed of, placed or otherwise allowed to come in or on the Easement Area,any hazardous substance, hazardous waste, pollutant, or contaminant, including, but not limited to, those defined in or pursuant to 42 U.S.C. § 9601, et. seq., or Minn. Stat., Sec. 115B.01, et. seq. (such substances,wastes,pollutants,and contaminants hereafter referred to as "Hazardous Substances"); C. That Grantor has not allowed any other person to use, employ, deposit, store, dispose of, place or otherwise have, in or on the Easement Area, any Hazardous Substances; D. That no previous owner, operator or possessor of the easement area, deposited, stored, disposed of,placed, or otherwise allowed in or on the Easement Area any Hazardous Substances; Grantor agrees to indemnify,defend and hold harmless City,against any and all loss, costs, damage and expense, including reasonable attorney's fees and costs that City incurs because of the breach of any of the above representations or warranties and/or resulting from or due to the inaccuracy or falsity of any representation or warranty herein. 4. Grantor agrees to permanently demarcate the location of the boundary of the conservation easement on each lot property line or corner with permanent four-foot tall posts. A 2 1/2 by 6 inch sign or decal reading "Scenic/Conservation Easement Boundary, City of Eden Prairie", will be affixed to the top of the post. 5. Grantor agrees to maintain the Easement Area subject to the provisions stated herein. 24 Park Nicollet Development Agreement 6. The duration of this easement is perpetual and shall bind and inure to the benefit of the parties, their successors, and assigns. 7. Nothing contained herein shall impair any right of City now held or hereafter acquired to construct or maintain public utilities in or on the Easement Area. 8. Provisions of this Easement shall be binding upon and enforceable against the Property and the Grantor, their successors and assigns of the Property. 25 Park Nicollet Development Agreement IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. GRANTOR CITY OF EDEN PRAIRIE NOT TO BE SIGNED By NOT TO BE SIGNED Ron Case Its Acting Mayor NOT TO BE SIGNED By NOT TO BE SIGNED Rick Getschow Its City Manager STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2016 by Ron Case and Rick Getschow,respectively the Acting Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2016, by , the , a Minnesota , on behalf of the corporation. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 26 Park Nicollet Development Agreement EXHIBIT F — PARK NICOLLET DEVELOPMENT AGREEMENT DRAINAGE AND UTILITY EASEMENT Park Nicollet, a Minnesota non-profit corporation, organized under the laws of the State of ("Grantor")hereby grants and conveys this_day of , 20_to City of Eden Prairie, a municipal corporation organized under the laws of the State of Minnesota("Grantee")an easement("Easement")for the following uses and purposes and subject to the following terms and conditions on, over,under and across real property in the County of Hennepin, State of Minnesota and described in Exhibit A, shown in Exhibit B and made a part of("Easement Parcel"). 1. Uses and Purposes. The Drainage and Utility Easement shall be for: A. Drainage and Utility. The construction,reconstruction,maintenance, and access for the storm sewer, sanitary sewer and watermain. 2. Nonexclusive. The Easement shall be nonexclusive;provided,however,this Easement shall be prior to and superior to any other easement hereinafter granted. Any future easement shall be subject to and subordinate to, and shall not interfere with, the Easement without the consent, in writing, of Grantee. 3. Duration of Easement. The Easement shall be perpetual, shall run with the land, shall be binding upon Grantor and its successors and assigns and shall be for the benefit of Grantee and its successors and assigns. 27 Park Nicollet Development Agreement WITNESS WHEREOF,the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. PARK NICOLLET CITY OF EDEN PRAIRIE, a Minnesota non-profit corporation a Minnesota municipal corporation By: By: Ron Case It's: It's Acting Mayor By: Rick Getschow It's City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) This instrument was acknowledged before me on this day of , 20_, by Ron Case and Rick Getschow, the Acting Mayor and City Manager, respectively, of the City of Eden Prairie, a municipal corporation organized under the laws of the State of Minnesota, on behalf of said corporation. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF ) This instrument was acknowledged before me on this day of , 2016, by , as of , a organized under the laws of the State of , on behalf of said . Notary Public 28 Park Nicollet Development Agreement 311 Park Nicollet 6500 Excelsior Blvd. Park Nicollet 31 St.Louis Park,MN 55426 parknicollet.com HealthPartners. 311 31 311 Traffic Demand Management Plan Park Nicollet Clinic -Prairie Center November 2, 2015 31 Park Nicollet subscribes to sustainable practices in delivery of care to the community. Polluting cars and traffic congestion are contrary to our mission of supporting and caring for those we serve. Supporting efforts to reduce traffic demand on our roadways is one way Park Nicollet contributes to community health. Park Nicollet is proposing a 37,000 square foot facility at 8455 Flying Cloud Drive in Eden Prairie. This facility will include the existing two-story clinic and a 10,000 square foot one-story addition that will house a dental clinic.Approximately 48 full time employees (FTEs)will be working at the site when it opens with approximately 65 FTEs anticipated within 5 years of completion. Eden Prairie's Southwest Station is located at the intersection of Highway 5 and Eden Prairie Drive, approximately 15 minutes via 690 or 684 bus lines from the Prairie Center Clinic.Another public transportation option, Southwest Prime, serves Eden Prairie, Chaska and Chanhassen. 31 Key TDM measures we support include: 31 1) Bicycling to work.In addition to providing staff shower rooms,we reduce employee healthcare premiums for those who commit to and report multiple weekly exercise activities. 2) Providing a 7-bicycle parking rack for staff members and patients. 31 3) Offering access to discounted transit passes. 4) Providing a pre-tax savings account to employees for bicycle,public transit, and vanpool expenses. 5) Providing a designated carpool parking space near the staff entrance. We will add more carpool parking spots as approved carpools are registered. 6) Displaying commuter and transit information in the lunchroom of the building. 7) Engaging services of Commuter Services to assist in consulting and/or administering carpooling incentive programs and to help communicate carpool and other mass-transit options. 8) Making it possible for employees to work from home, where feasible,by providing resources such as laptops,VPN,mobile access security, etc. 9) Offering a bicycle to check out to run lunchtime errands. Park Nicollet is committed to the health and wellness of its employees and patients.A goal of 10% of employees at the site not commuting alone is expected once the TDM plan strategies have been in place 3 for two or more years. Once the clinic expansion has been completed and is operating normally,Park 3 3 3 31 Traffic Demand Management Plan—Park Nicollet Page 2 31 311 Nicollet will be able to better understand the commuting habits and needs of their employees and will commit to continuing to evolve appropriate initiatives to reduce the transportation demand over time. Program goals will include: 311 1) Education and Awareness.Inform and educate all employees at Park Nicollet Clinic—Prairie 311 Center about the availability of alternatives to commuting by single-occupant vehicle.Inform 4111 employees about the resources and incentives available to alternative mode users. 2) Create a Sustainable Commute Program. Significantly increase the convenience, availability and 311 attractiveness of alternatives to single occupant vehicle commuting and provide for reductions in 31 single occupant vehicle trips through programs that support transit, carpooling,bicycling,walking and working from home.Programs will include staff shower rooms,bicycle racks,transit pass 3 discounts,pre-tax savings accounts, designated carpool spaces, access to commuter and transit information, engaging Commuter Services, and providing telecommuting resources. 31 3) Parking Management.Develop and manage parking assets in ways that reduce the demand for F parking spaces. 4) Incentives.Establish an incentive-based TDM program which is available to all employees. Incentives to include: 31 a. Transit pass subsidy, b. Quarterly prize for non-drive-alone commuters, c. Gas gift card for carpoolers, and, d. Special incentive prizes for employees participating in the regional"Try It"campaigns: Commuter Challenge, Carpool to Work month, Switch My Trip,Twin Cities Telework 3 week and Bike to Work week. 31 5) Community Impact. Mitigate negative impacts of employee-generated vehicle trips on the surrounding community,including traffic congestion and parking spillover into adjacent areas and on adjacent community features. 6) Commitment to Resources.Determine the costs and resources needed to develop and administer the TDM plan and develop mechanisms by which to commit needed resources. 31 7) Continuing Evaluation.Evaluate performance on an ongoing basis. Program performance measurements will include: 31 a. The number of bikes parked in the bike rack, b. The number of registered carpools, c. The number of employees participating in the transit pass program, d. The number of employees registered for the regional Guaranteed Ride Home program, and, e. An annual survey to determine how many employees are not driving alone and how 31 often. I 3 3 3 I I a a 31 Park Nicollet Prairie Center Clinic and Health Partners Dental Clinic Traffic Demand Management-Estimated Budget a Item Measure Start-up Year 1 Year 2 Total 1 Bike Racks (housing up to 8 bikes) $ 1,900 $ - $ - $ 1,900 31 2 Interior Secure Bike Storage $ 1,500 $ - $ - $ 1,500 a Operational Budget for transit pass assistance 3 (subsidy)(to patients and/or staff) and staff $ - $ 1,200 $ 1,200 $ 2,400 I incentives program 4 Carpool space signage $ 500 $ - $ - $ 500 31 5 TDM Coordinator(5%of FTE) $ - $ 6,240 $ 6,240 $ 12,480 31 6 Commuter Fair Budget $ - $ 600 $ 600 $ 1,200 Communication Materials (Communications are primarily electronic as part of Park r 7 Nicollet's Sustainability endeavor.) $ - $ - $ - $ - 5 Pre-tax savings for transit (already an $ - $ $ $ employee benefit) I Commuter/Transit Info in lunch room and 6 consult services (free service offered by $ - $ - $ - $ - Commuter Services) 31 7 Work-from-home options for employees $ - $ - $ - $ - 3 Clinic-owned bicylce check out option for 3, 8 employees (lunch time errands, etc.) $ 600 $ 25 $ 25 $ 650 3 9 Employee shower $ 12,000 $ - $ - $ 12,000 $ 16,500 $ 8,065 $ 8,065 I $ 32,630 I 3 3 / 3 3 I 1 3 3 I I 1 CITY COUNCIL AGENDA DATE: May 3, 2016 SECTION: Consent Agenda DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.D. Community Development/Planning Camp Edenwood Respite Center Janet Jeremiah/Steve Durham Requested Action Move to: • Approve 2nd Reading of the Ordinance for Planned Unit Development District Review with waivers and Zoning District Amendment within the Public (PUB) Zoning District on 51.81 acres; and • Approve Resolution for Site Plan Review on 51.81 acres; and • Approve the Development Agreement for Camp Edenwood Respite Center. Synopsis This is final approval of the development agreement and plans to construct a twelve (12)bed respite care cabin at Camp Eden Wood. Attachments 1. Ordinance for PUD District Review 2. Summary Ordinance 3. Resolution for Site Plan Review 4. Development Agreement CAMP EDENWOOD RESPITE CENTER CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 9-2016-PUD-6-2016 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA,AMENDING CERTAIN LAND WITHIN A ZONING DISTRICT,AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT,AND,ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be amended within the Public Zoning District 9-2016-PUD-6-2016 (hereinafter "PUD-6-2016-PUB). Section 3. The City Council hereby makes the following findings: A. PUD-6-2016-PUB is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-6-2016-PUB 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-6-2016-PUB are justified by the design of the development described therein. D. PUD-6-2016-PUB 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 May 3, 2016, entered into between True Friends, and the City of Eden Prairie, (hereinafter"Development Agreement"). The Development Agreement contains the terms and conditions of PUD-6-2016-PUB, 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 Public Zoning District and shall be included hereafter in the Planned Unit Development 6-2016-PUB, 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 5th day of April, 2016, 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 May, 2016. ATTEST: Kathleen Porta, City Clerk Ron Case, Acting Mayor PUBLISHED in the Eden Prairie News on , 2016. EXHIBIT A PUD Legal Description That part of the Northeast Quarter of Section 4, Township 116, Range 22, Hennepin County, Minnesota, lying northerly of the right-of-way of the Chicago, Milwaukee, St. Paul and Pacific Railroad Company and westerly of the centerline of Birch Island Road(now Indian Chief Road); EXCEPT that part thereof described as follows: Beginning at the northwest corner of said Northeast Quarter, thence east along the north line of said Northeast Quarter to the center line of Birch Island Road(now Indian Chief Road); thence southerly along said center line to a point distant 1000 feet south from the north line of said Northeast Quarter as measured at a right angle to said north line; thence westerly to a point on the west line of the Northeast Quarter of the Northeast Quarter of said section, distant 1000 feet south along said west line from the northwest corner of said Northeast Quarter of the Northeast Quarter; thence continue along said line to the west line of said Northeast Quarter; thence north along said west line to the point of beginning. Hennepin County, Minnesota. CAMP EDENWOOD RESPITE CENTER CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 9-2016-PUD-6-2016 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 6350 Indian Chief Road within the Public (PUB) 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 Ron Case, Acting Mayor PUBLISHED in the Eden Prairie News on , 2016. (A full copy of the text of this Ordinance is available from City Clerk.) CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2016- A RESOLUTION GRANTING SITE PLAN APPROVAL FOR CAMP EDENWOOD RESPITE CENTER BY TRUE FRIENDS WHEREAS, True Friends, has applied for Site Plan approval of Camp Edenwood Respite Center to construct a twelve (12)bed camp facility, by an Ordinance approved by the City Council on May 3, 2016; and WHEREAS, the Planning Commission reviewed said application at a public hearing at its March 14, 2016 meeting and recommended approval of said site plans; and WHEREAS, the City Council has reviewed said application at a public hearing at its April 5, 2016 meeting. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,that site plan approval is granted to True Friends based on the Development Agreement between True Friends and the City of Eden Prairie, reviewed and approved by the City Council on May 3, 2016. ADOPTED by the City Council of the City of Eden Prairie this 3th day of May, 2016. Ron Case, Acting Mayor ATTEST: Kathleen Porta, City Clerk DEVELOPMENT AGREEMENT Camp Edenwood Respite Center THIS DEVELOPMENT AGREEMENT ("Agreement") is entered into as of May 3, 2016,by True Friends,a Minnesota nonprofit corporation,hereinafter referred to as"Developer,"its successors and assigns, and the CITY OF EDEN PRAIRIE, a municipal corporation,hereinafter referred to as "City": WITNESSETH: WHEREAS,Developer has applied to City for Planned Unit Development District Review with waivers on 51.8 acres, Zoning District Amendment on 51.8 acres, and Site Plan Review on 51.8 acres, legally described on Exhibit A (the"Property"); WHEREAS, Friendship Ventures and the City entered into that certain Development Agreement between the parties dated as of December 3, 1996,pertaining to the property, attached hereto as Exhibit D. WHEREAS, Friendship Ventures and the City entered into that certain Development Agreement between the parties dated as of October 20, 1998, pertaining to the property, attached hereto as Exhibit E. NOW,THEREFORE,in consideration of the City adopting Ordinance No. for Planned Unit Development District Review and Zoning District Amendment and Resolution No. for Site Plan Review, Developer agrees to construct, develop and maintain the Property as follows: 1. PLANS: Developer shall develop the Property in conformance with the materials revised 1 Camp Edenwood Development Agreement and stamp dated March 7,2016 reviewed and approved by the City Council on May 3,2016, (hereinafter the "Plans") and identified on Exhibit B, subject to such changes and modifications as provided herein. 2. EXHIBIT C: Developer agrees to the terms, covenants, agreements, and conditions set forth in Exhibit C. 3. DEVELOPER'S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a violation of City Code relating to use of the Land construction thereon or failure to fulfill an obligation imposed upon the Developer pursuant to this Agreement,City shall give 24 hour notice of such violation in order to allow a cure of such violation, provided however, City need not issue a building or occupancy permit for construction or occupancy on the Land while such a violation is continuing,unless waived by City. The existence of a violation of City Code or the failure to perform or fulfill an obligation required by this Agreement shall be determined solely and conclusively by the City Manager of the City or a designee. 4. DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer shall release,defend and indemnify City,its elected and appointed officials,employees and agents from and against any and all claims, demands, lawsuits, complaints, loss, costs (including attorneys' fees), damages and injunctions relating to any acts, failures to act, errors, omissions of Developer or Developer's consultants,contractors,subcontractors,suppliers and agents. Developer shall not be released from its responsibilities to release, defend and indemnify because of any inspection, review or approval by City. 5. EXTERIOR MATERIALS: Prior to building permit issuance,Developer shall submit to the City Planner,and receive the City Planner's written approval of a plan depicting exterior materials and colors to be used on the buildings on the Property. Prior to issuance of any occupancy permit for the Property, Developer shall complete implementation of the approved exterior materials and colors plan in accordance with the terms and conditions of Exhibit C, attached hereto. 6. FINAL ORDER NO. 1987-30: In 1987 the Property was granted approval from the Board of Appeals and Adjustments for variances from City Code requirements within the Public District to move a building for administrative and caretaking purposes on the Property as depicted in the Plans. This approval has been granted through Final Order #1987-30, attached hereto as Exhibit F. Developer shall comply with all requirements of said Final Order No. 1987-30. FINAL ORDER NO.2007-20: In 2007 the Property was granted approval from the Board 2 Camp Edenwood Development Agreement of Appeals and Adjustments for variances from City Code requirements within the Public District for a water-oriented accessory structure adjacent to the lake for the purposes of storage as depicted in the Plans. This approval has been granted through Final Order#2007- 20, attached hereto as Exhibit G. Developer shall comply with all requirements of said Final Order No. 2007-020. 7. GRADING, DRAINAGE, AND STORMWATER POLLUTION PREVENTION PLANS: A. FINAL GRADING AND DRAINAGE PLAN: Developer agrees that the grading and drainage plan contained in the Plans is conceptual. Prior to the release of a land alteration permit for the Property, Developer shall submit and obtain the City Engineer's written approval of a final grading and drainage plan for the Property. The final grading and drainage plan shall include all wetland information, including wetland boundaries,wetland buffer strips and wetland buffer monument locations;all Stormwater Facilities, such as water quality ponding areas, stormwater detention areas, and stormwater infiltration systems; and any other items required by the application for and release of a land alteration permit. All design calculations for storm water quality and quantity together with a drainage area map shall be submitted with the final grading and drainage plan. Prior to release of the grading bond, Developer shall certify to the City that the Stormwater Facilities conform to the final grading plan and that the Stormwater Facilities are functioning in accordance with the approved plans. Developer shall employ the design professional who prepared the final grading plan. The design professional shall monitor construction for conformance to the approved final grading plan and Stormwater Pollution Prevention Plan(SWPPP). The design professional shall provide a final report to the City certifying completion of the grading in conformance the approved final grading plan and SWPPP. In addition,the design professional retained by the Developer to perform the monitoring of the Project shall be responsible for all monitoring, data entry and reporting to the PermiTrack ESC web-based erosion and sediment permit tracking program utilized by the City. B. STORMWATER FACILITY CONSTRUCTION: Stormwater Facilities, including detention basins,retention basins,"Stormwater Infiltration"or"Filtration Systems"(such as rainwater gardens,vegetated swales,infiltration basins,vegetated filters, filter strips, curbless parking lot islands, parking lot islands with curb-cuts, traffic islands, tree box filters, bioretention systems or infiltration trenches) or "Underground Systems" (such as media filters, underground sand filters, underground vaults,sedimentation chambers,underground infiltration systems,pre- manufactured pipes, modular structures or hydrodynamic separators) shall be 3 Camp Edenwood Development Agreement maintained by the Developer during construction and for a minimum of two(2) full growing seasons after completion of the development to ensure that soil compaction, erosion, clogging, vegetation loss, channelization of flow or accumulation of sediment are not occurring,and thereafter by the Owner of the Property.Planting and Maintenance Plans for the Stormwater Facilities (where appropriate)to ensure that the Stormwater Facilities continue to function as designed in perpetuity must be submitted prior to release of the first building permit for the Development Developer shall employ the design professional who prepared the final grading plan to monitor construction of the Stormwater Facilities for conformance to the Minnesota Pollution Control Agency publication entitled"State of Minnesota Storm Water Manual" dated November 2005, the approved final grading plan and the requirements listed herein. All inspections of underground systems shall be performed by personnel that have approved OSHA confined space training. Maintenance techniques must be used during construction to protect the infiltration capacity of all Stormwater Infiltration Systems by limiting soil compaction to the greatest extent possible. This must include delineation of the proposed infiltration system with erosion control fencing prior to construction; installation of the infiltration system using low-impact earth moving equipment; and not allowing equipment,vehicles, supplies or other materials to be stored or allowed in the areas designated for stormwater infiltration during construction. In areas of structural infiltration Developer shall prior to construction of the infiltration system provide a plan that addresses: (i) construction management practices to assure the infiltration system will be functional; (ii), erosion control measures; (iii) infiltration capacity; (iv) performance specifications that the completed infiltration system must meet to be considered functional by City and(v) corrective actions that will be taken if the infiltration system does not meet the performance specification. All Stormwater Infiltration Systems must be inspected prior to final grading to ensure that the area is infiltrating as proposed and to determine if corrective measures are required to allow infiltration as proposed. Field verification of post-construction infiltration rates must be provided to the City within 30 days after the first rainfall event of inch or greater after the Stormwater Infiltration Systems become operational. If infiltration rates are reduced a plan to restore adequate infiltration must be provided within 90-days of the field verification test. The work required to bring the Stormwater Infiltration System back into compliance be implemented within 60 days of City approval of the plan. Pervious surfaces shall be stabilized with seed and mulch or sod and all impervious surfaces 4 Camp Edenwood Development Agreement must be completed prior to final grading and planting of the Stormwater Infiltration Systems. Stormwater Infiltration Systems that are constructed under a building shall be designed for maintenance access and installed in conformance with the standards outlined in The Minnesota Stormwater Manual (November 2005) and/or the Plans. The System shall be kept off-line until construction is complete. Field verification of post-construction infiltration rates must be provided to the City within 30 days after the first rainfall event of one-half inch or greater following the Storm Water Infiltration Systems becoming operational. If the infiltration rates are reduced by construction,a plan to restore adequate infiltration must be provided within 90-days of the field test C. STORMWATER FACILITY INSPECTION AND MAINTENANCE: A Stormwater Maintenance Plan must be provided for operation and maintenance of all Stormwater Facilities to ensure they continue to function as designed in perpetuity prior to issuance of the Land Alteration Permit. The Stormwater Maintenance Plan must identify and protect the design, capacity and functionality of all Stormwater Facilities. The Maintenance Plan must contain at a minimum: the party(s) responsible for maintenance; access plans; inspection frequency; methods used for field verification of infiltration for Stormwater Infiltration Systems;routine and non- routine inspection procedures; sweeping frequency for all parking and road surfaces; plans for restoration of reduced infiltration for Stormwater Infiltration Systems;and plans for replacement of failed systems,all pursuant to and in accordance with Eden Prairie City Code Section 11.55, Subd. 8. During construction and for two years following completion of construction, all Stormwater Facilities shall be inspected at a minimum of once annually to determine if the Stormwater Facility(s) is treating stormwater as designed and should occur within 72-hours after a rainfall event of one-inch or greater to verify infiltration. All Stormwater Facilities shall be kept free of debris,litter,invasive plants and sediment. Erosion impairing the function or integrity of the Stormwater Facilities,if any,must be corrected and any structural damage impairing or threatening to impair the function of the Stormwater Facilities must be repaired. The following criteria must be included in the inspection: • A storage treatment basin(including retention and detention basins)shall be considered inadequate if sediment has decreased the wet storage volume by 50 percent or dry storage volume by 25 percent of its original design volume. • A Stormwater Infiltration System shall be considered inadequate if sediment has accumulated that impairs or has the potential to impair infiltration of stormwater. 5 Camp Edenwood Development Agreement • An underground storage chamber shall be considered inadequate if sediment has decreased the storage volume by 50 percent of its original design volume. Based on this inspection,if a Stormwater Facility requires cleanout,the Stormwater Facility shall be restored to its original design and/or the infiltration capacity of the underlying soils must be restored and any surface disturbance must be stabilized within one year of the inspection date. Sediment, debris, litter or vegetation removal in Stormwater Infiltration Systems shall be by hand or with a flat-bottomed shovel or rake during dry periods. Only enough sediment shall be removed as needed to restore hydraulic capacity,leaving as much of the vegetation in place as possible. Any damaged turf or vegetation shall be reseeded or replaced. After the two year period of maintenance,the Owner of the Property shall continue to be responsible for maintenance of the Stormwater Facilities. This shall include inspections at a minimum of once per every five years. Regular maintenance shall be conducted and must include regular sweeping of private streets,parking lots or drive aisles at a minimum of once per year; debris and litter removal;removal of noxious and invasive plants;removal of dead and diseased plants; maintenance of approved vegetation; re-mulching of void areas; replanting or reseeding areas where dead or diseased plants were removed;and removal of sediment build-up. Sediment build-up in above-ground Stormwater Infiltration or Filtration Systems shall be removed by hand. Areas above Underground Systems shall be kept free of structures that would limit access to the System for inspections, maintenance or replacement. C. STORMWATER POLLUTION PREVENTION PLAN (SWPPP): Prior to issuance of a land alteration permit,Developer shall submit to the City Engineer and obtain City Engineer's written approval of Stormwater Pollution Prevention Plan (SWPPP) for the Property. The SWPPP shall include all boundary erosion control features, temporary stockpile locations, turf restoration procedures, concrete truck washout areas and any other best management practices to be utilized within the Project. Prior to release of the grading bond, Developer shall complete implementation of the approved SWPPP. 8. IRRIGATION PLAN: Developer shall submit to the City Planner and receive the City Planner's written approval of a plan for irrigation of the landscaped areas on the Property. The irrigation plan shall be designed so that water is not directed on or over public trails and sidewalks. Developer shall complete implementation of the approved irrigation plan in accordance with the terms and conditions of Exhibit C prior to issuance of any occupancy permit for the 6 Camp Edenwood Development Agreement Property. 9. LANDSCAPE PLAN: Prior to building permit issuance,the Developer shall submit to the City Planner and receive the City Planner's written approval of a final landscape plan for the Property depicting a total of 19.5 caliper inches. The approved landscape plan shall be consistent with the quantity,type,and size of plant materials shown on the landscape plan on the Plans. Developer shall furnish to the City Planner and receive the City Planner's written approval of a security in the form of a bond,cash escrow,or letter of credit,equal to 150%of the cost of said improvements as required by City Code. Prior to issuance of any occupancy permit for the Property, Developer shall complete implementation of the approved landscape plan in accordance with the terms and conditions of Exhibit C. 10. MECHANICAL EQUIPMENT SCREENING: Developer shall submit to the City Planner,and receive the City Planner's written approval of a plan for screening of mechanical equipment on the Property. For purposes of this paragraph, "mechanical equipment" includes gas meters, electrical conduit,water meters, and standard heating,ventilating, and air-conditioning units. Security to guarantee construction of said screening shall be included with that provided for landscaping on the Property, in accordance with City Code requirements. Developer shall complete implementation of the approved plan prior to issuance of any occupancy permit for the Property. If,after completion of construction of the mechanical equipment screening,it is determined by the City Planner,in his or her sole discretion,that the constructed screening does not meet the Code requirements to screen mechanical equipment from public streets and differing, adjacent land uses, then the City Planner shall notify Developer and Developer shall take corrective action to reconstruct the mechanical equipment screening in order to cure the deficiencies identified by the City Planner. Developer agrees that the City will not release the security provided until Developer completes all such corrective measures. 11. OTHER AGENCY APPROVALS: Prior to the issuance of any Land Alteration permit for the Property, the Developer shall submit to the City Planner, copies of all necessary approvals issued by other agencies for the project. The agencies issuing such approvals include, but are not necessarily limited to, the following: the Minnesota Pollution Control Agency, Metro Waste Control Commission, and the Watershed District. 12. PERFORMANCE STANDARDS: Developer agrees that the Property will be operated in a manner meeting all applicable noise,vibration,dust and dirt,smoke,odor and glare laws and regulations. Developer further agrees that the facility upon the Property shall be operated so noise,vibration,dust and dirt,smoke,odor and glare do not go beyond the Property boundary lines. 7 Camp Edenwood Development Agreement 13. PUD WAIVERS GRANTED: The city hereby grants the following waivers to City Code requirements within the Public(Pub)Zoning District through the Planned Unit Development District Review for the Property and incorporates said waivers as part of PUD 1.) A waiver to permit a rear yard setback of ten (10) feet. City code requires a 50' rear yard setback in the Public Zoning District. 2.) A waiver to permit wood as the primary exterior building material. City code requires exterior building materials to be 75%face brick,natural stone,glass,cast stone,cultured stone, architectural precast, or precast concrete panel and not more than 25%wood, stucco, vinyl, metal, plastic. 14. REAFFIRMING CONDITIONS OF DEVELOPMENT AGREEMENT: Developer agrees to all of the terms,conditions and obligations of"Developer"under the Development Agreement dated December 3, 1996 and the Development Agreement dated October 20, 1998. In the event of a conflict or inconsistency between this Agreement and the Original Development Agreements, this Agreement shall control. 15. RETAINING WALLS: Prior to issuance by the City of any permit for grading or construction on the Property, Developer shall submit to the Chief Building Official, and obtain the Chief Building Official's written approval of detailed plans for the retaining walls identified on the grading plan in the Plans. These plans shall include details with respect to the height,type of materials,and method of construction to be used for the retaining walls. Developer agrees that the materials to be used shall be compatible with those used on adjacent lands within the Camp Edenwood property. Developer shall complete implementation of the approved retaining wall plan in accordance with the terms and conditions of Exhibit C, attached hereto, prior to issuance of any occupancy permit for the Property. All maintenance and repair of all retaining walls on the Property shall be the responsibility of the Developer, its successors and assigns. 16. SIGNS: Developer agrees that for each sign which requires a permit by Eden Prairie City Code, Section 11.70,Developer shall file with the City Planner and receive the City Planner's written approval of an application for a sign permit. The application shall include a complete description of the sign and a sketch showing the size, location,the manner of construction, and other such information as necessary to inform the City of the kind, size, material construction,and location of any such sign,consistent with the sign plan shown on the Plans and in accordance with the requirements of City Code, Section 11.70, Subdivision 5a. 8 Camp Edenwood Development Agreement 17. SITE LIGHTING: Prior to building permit issuance, Developer shall submit to the City Planner and receive the City Planner's written approval of a plan for site lighting on the Property. Developer shall complete implementation of the approved lighting plan prior to issuance of any occupancy permit for the Property. 18. STREET AND UTILITY PLANS: Prior to issuance by the City of any permit for the construction of streets and utilities for the Property, Developer shall submit to the City Engineer,and obtain the City Engineer's written approval of plans for public streets,sanitary sewer, water and storm sewer. Plans for public infrastructures shall be of a plan view and profile on 24 x 36 plan sheets consistent with City standards. Prior to release of the final plat for the Property,Developer shall furnish to the City Engineer and receive the City Engineer's written approval of a surety equal to 125%of the cost of said improvements. A permit fee of five percent of construction value shall be paid to City by Developer. The design engineer shall provide daily inspection, certify completion in conformance to approved plans and specifications and provide record drawings. 19. TRASH: Developer agrees that all trash, trash receptacles and recycling bins shall at all times be located inside of the building enclosures depicted on the Plans. 20. TREE LOSS -TREE REPLACEMENT: There are 3,204 diameter inches of significant trees on the Property. Tree loss related to development on the Property is calculated at 173 diameter inches. Tree replacement required is 12.5 caliper inches. Prior to the issuance of any grading permit for the Property,Developer shall submit to the City Forester and receive the City Forester's written approval of a tree replacement plan for 12.5 caliper inches. This approved plan shall include replacement trees of a 3-inch diameter minimum size for a shade tree and a 7-foot minimum height for conifer trees. The approved plan shall also provide that, should actual tree loss exceed that calculated herein, Developer shall provide tree replacement on a caliper inch per caliper inch basis for such excess loss. Prior to issuance of any grading permit for the Property,Developer shall furnish to the City Planner and receive the City Planner's approval of a tree replacement bond equal to 150%of the cost of said improvements as required by City Code. Developer shall complete implementation of the approved tree replacement plan prior to occupancy permit issuance. 21. WETLAND PLAN: Prior to release of the land alteration permit for any portion of the Property,Developer shall submit to the Environmental Coordinator and receive the Environmental Coordinator's approval of a Wetland Plan. The approved Wetland Plan shall be consistent with the 9 Camp Edenwood Development Agreement materials and requirements shown on the Plans and as required by City Code. The Plan shall include the following elements. A. Wetland Delineation and Wetland Buffer Strip Evaluation: Developer shall submit to the City a Wetland Buffer Strip Evaluation Report("Buffer Report") and Wetland Delineation Report in accordance with the Wetland Plan and City Code requirements. If the Delineation or Buffer Reports identify any unacceptable vegetation or other conditions, the wetland and/or wetland buffer strip shall be graded, treated, reseeded and/or replanted (thereon known as "Landscaping", or "Landscaped")by the Developer within 90 days of submission of the Buffer Report or within 90 days after receipt of a wetland permit for wetland alteration. If the Wetland Plan is submitted after September 30th,the Landscaping must be completed by June 30th of the following year. If Landscaping of the wetland and/or wetland buffer strip is required,the Developer shall submit a signed statement by a qualified wetland consultant, as determined by the City Manager, stating that the wetland and/or wetland buffer strip vegetation complies with all City requirements within 30 days of completion of the Landscaping of the wetland and/or wetland buffer strip. B. Annual Wetland and Wetland Buffer Strip Evaluation: Developer shall submit a signed contract with a qualified wetland consultant, as determined by the City Manager and/or designee,for preparation of an Annual Wetland and Wetland Buffer Strip Evaluation Report(Annual Buffer Report) that evaluates the condition of the wetland(s)and wetland buffer strip(s)and to determine if they are in compliance with all City requirements. The Annual Buffer Report shall provide both an action plan and proposed cost for correction of all problems identified within the wetland(s) and/or wetland buffer strip(s). The first Annual Buffer Report shall be submitted no later than November 1 of the calendar year in which construction of the wetland and/or wetland buffer strip is commenced. Thereafter, this report shall be submitted annually until two full growing seasons following completion of the development have passed, at which point a final Annual Report shall be submitted. The final Annual Buffer Report shall evaluate the wetland(s) and wetland buffer strip(s) to determine if the wetland(s) and/or wetland buffer strip(s)remain in compliance with all City requirements. If any unacceptable conditions or vegetation are identified within the Annual Buffer Reports or final Annual Buffer Report, the Developer shall correct the area(s) identified within 90 days of submission of the Annual Buffer Report. D. Wetland Buffer Strip Monuments: The Wetland Plan shall include a plan to install all wetland buffer strip monuments for the property prior to release of the first building permit for any portion of the Property. The Security referred to in paragraph E below shall include the cost for location, including surveying, and installation of 10 Camp Edenwood Development Agreement the monuments. Wetland buffer strip monument locations shall be shown on the final grading plan and final plat. The monument shall consist of a post and a wetland buffer strip sign. The post shall be a 1.12 to 2.0 pounds per foot (1.12 pounds per foot is preferred) green steel channel post or other material pre-approved in writing by the City Manager. The post shall be a minimum of 2.25 inches wide and 6 feet 6 inches long (2.25"x 6.5'). The sign shall have a minimum size of 3 inch by 8 inch (3" x 8"). The sign shall be mounted flush with the top of the post. The sign shall include the statement"Conservation Easement:No Mowing Allowed"and"wetlands and buffers filter pollutants,reduce flooding and provide habitat". The final design must be pre-approved in writing by the City. The post shall be mounted to a height of four feet above grade and set at least 2.5 feet in the ground. Removal of the wetland buffer strip monuments is prohibited. E. Wetland Performance Bond: Developer shall furnish to the Environmental Coordinator and receive the Environmental Coordinator's approval of a Wetland Plan performance bond,cash escrow,or letter of credit with a corporation approved by the City Manager or other guarantee acceptable to the City Manager(hereinafter referred to as the"Security")equal to 150%of the cost,as estimated by the City Manager,of completing said Wetland Plan requirements and/or Landscaping as depicted on the Plans and as required by City Code. Said Security shall cover costs associated with the Wetland Plan during development and for two full growing seasons following completion of the development. If the Developer fails to implement the Wetland Plan in accordance with its terms, the City may draw upon the Security in whole or in part to pay the cost of implementation. 11 Camp Edenwood Development Agreement 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 Ron Case Its Acting Mayor By Rick Getschow Its City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2016, by Ron Case and Rick Getschow,respectively the Acting Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. Notary Public 12 Camp Edenwood Development Agreement True Friends By Its STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2016, by , the , of True Friends, a Minnesota nonprofit company, on behalf of the company. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 13 Camp Edenwood Development Agreement EXHIBIT A Camp Edenwood Respite Center That part of the Northeast Quarter of Section 4, Township 116, Range 22, Hennepin County, Minnesota, lying northerly of the right-of-way of the Chicago, Milwaukee, St. Paul and Pacific Railroad Company and westerly of the centerline of Birch Island Road(now Indian Chief Road); EXCEPT that part thereof described as follows: Beginning at the northwest corner of said Northeast Quarter, thence east along the north line of said Northeast Quarter to the center line of Birch Island Road(now Indian Chief Road); thence southerly along said center line to a point distant 1000 feet south from the north line of said Northeast Quarter as measured at a right angle to said north line; thence westerly to a point on the west line of the Northeast Quarter of the Northeast Quarter of said section, distant 1000 feet south along said west line from the northwest corner of said Northeast Quarter of the Northeast Quarter; thence continue along said line to the west line of said Northeast Quarter; thence north along said west line to the point of beginning. Hennepin County, Minnesota. 14 Camp Edenwood Development Agreement Exhibit B Site Plan dated 02/29/16 by Miller Architects and Builders Floor Plans dated 01/19/16 by Miller Architects and Builders Code Summary dated 01/16/16 by Miller Architects and Builders Elevations dated 02/29/16 by Miller Architects and Builders Title Sheet/Drawing Index dated 01/19/16 by VAA Overall Site Location dated 01/19/16 by VAA Existing Tree Inventory dated 01/19/16 by VAA Existing Conditions and Removals Plan dated 01/19/16 by VAA Grading, Drainage, Erosion, and Sediment Control Plan dated 01/19/16 by VAA Tree Replacement Plan dated 01/19/16 by VAA Site Utility Plan dated 01/19/16 by VAA Civil Details dated 01/19/16 by VAA 15 Camp Edenwood Development Agreement EXHIBIT C DEVELOPMENT AGREEMENT—Camp Edenwood Respite Center I. Prior to release of any building permit, Developer shall submit to the City Engineer for approval two copies of a development plan(1"=100'scale) showing existing and proposed contours,proposed streets,and lot arrangements and size,minimum floor elevations on each lot,preliminary alignment and grades for sanitary sewer,water main,and storm sewer, 100- year flood plain contours, ponding areas, tributary areas to catch basins, arrows showing direction of storm water flow on all lots,location of walks,trails,and any property deeded to the City. II. Developer shall submit detailed construction and storm sewer plans to the Watershed District for review and approval. Developer shall follow all rules and recommendations of said Watershed District. III. Developer shall pay cash park fees as to all of the Property required by City Code in effect as of the date of the issuance of each building permit for construction on the Property. IV. If Developer fails to proceed in accordance with this Agreement within twenty-four (24) months of the date hereof, Developer, for itself, its successors, and assigns, shall not oppose the City's reconsideration and rescission of any Rezoning, Site Plan review and/or Guide Plan review approved in connection with this Agreement,thus restoring the status of the Property before the Development Agreement and all approvals listed above were approved. V. Provisions of this Agreement shall be binding upon and enforceable against the Property and the Owners, their successors and assigns of the Property. VI. The Developer hereby irrevocably nominates, constitutes, and appoints and designates the City as its attorney-in-fact for the sole purpose and right to amend Exhibit A hereto to identify the legal description of the Property after platting thereof. VII. Developer represents that it leases the Property from the City of Eden Prairie With respect to any interest in all portions of the Property which Developer is required, pursuant to this Agreement, to dedicate or convey to the City (the "Dedicated Property"), Developer represents and warrants as follows now and at the time of dedication or conveyance: A. That Developer has marketable fee title free and clear of all mortgages, liens, and other encumbrances. Prior to final plat approval,Developer shall provide to the City 16 Camp Edenwood Development Agreement a current title insurance policy insuring such a condition of title. B. That Developer has not used, employed, deposited, stored, disposed of, placed or otherwise allowed to come in or on the Dedicated Property,any hazardous substance, hazardous waste, pollutant, or contaminant, including, but not limited to, those defined in or pursuant to 42 U.S.C. § 9601,et. seq.,or Minn. Stat., Sec. 115B.01,et. seq. (such substances, wastes, pollutants, and contaminants hereafter referred to as "Hazardous Substances"); C. That Developer has not allowed any other person to use, employ, deposit, store, dispose of,place or otherwise have,in or on the Property,any Hazardous Substances. D. That no previous owner, operator or possessor of the Property deposited, stored, disposed of, placed or otherwise allowed in or on the Property any hazardous substances. Developer agrees to indemnify, defend and hold harmless City, its successors and assigns, against any and all loss,costs,damage and expense,including reasonable attorneys fees and costs that the City incurs because of the breach of any of the above representations or warranties and/or resulting from or due to the release or threatened release of Hazardous Substances which were, or are claimed or alleged to have been,used, employed, deposited, stored, disposed of, placed, or otherwise located or allowed to be located, in or on the Dedicated Property by Developer, its employees, agents, contractors or representatives. VIII. Developer acknowledges that Developer is familiar with the requirements of Chapter 11, Zoning,and Chapter 12, Subdivision Regulations,of the City Code and other applicable City ordinances affecting the development of the Property. Developer agrees to develop the Property in accordance with the requirements of all applicable City Code requirements and City Ordinances. IX. Prior to release of the final plat,Developer shall pay to City fees for the first three(3)years' street lighting on the public streets adjacent to the Property(including installation costs, if any, as determined by electrical power provider), engineering review, and street signs. X. Developer shall submit detailed water main, fire protection, and emergency vehicle access plans to the Fire Marshal for review and approval. Developer shall follow all the recommendations of the Fire Marshal. XI. Developer acknowledges that the rights of City performance of obligations of Developer contemplated in this agreement are special, unique, and of an extraordinary character, and that, in the event that Developer violates, or fails, or refuses to perform any covenant, condition, or provision made herein, City may be without an adequate remedy at law. Developer agrees,therefore,that in the event Developer violates,fails,or refuses to perform 17 Camp Edenwood Development Agreement any covenant, condition, or provision made herein, City may, at its option, institute and prosecute an action to specifically enforce such covenant, withhold building permits or rescind or revoke any approvals granted by the City. No remedy conferred in this agreement is intended to be exclusive and each shall be cumulative and shall be in addition to every other remedy. The election of anyone or more remedies shall not constitute a waiver of any other remedy. XII. Developer shall,prior to the commencement of any improvements,provide written notice to Comcast of the development contemplated by this Development Agreement. Notice shall be sent to Comcast Cable, 9705 Data Park, Minnetonka, Minnesota 55343. XIII. Prior to building permit issuance,all fees associated with the building permit shall be paid to the Inspections Department,including;Building permit fee,plan check fee,State surcharge, metro system access charge(SAC),City SAC and City water access charge(WAC),and park dedication. Contact Metropolitan Waste Control to determine the number of SAC units. XIV. Prior to building permit issuance, except as otherwise authorized in the approved Plans, existing structures, wells and septic systems (if present) shall be properly abandoned or removed as required by City ordinance and all permits obtained through the Inspections Department. XV. Prior to building permit issuance,provide two copies of an approved survey or site plan(1"= 200 scale)showing proposed building location and all proposed streets,with approved street names, lot arrangements and property lines. XVI. The City shall not issue any building permit for the construction of any building,structure,or improvement on the Property until all requirements listed in this Exhibit C have been satisfactorily addressed by Developer. XVII. No failure of the City to comply with any term,condition,covenant or agreement herein shall subject the City to liability for any claim for damages, costs or other financial or pecuniary charges. No execution on any claim, demand, cause of action or judgment shall be levied upon or collected from the general credit, general fund or taxing powers of the City. XVIII. Prior to issuance of the first building permit for the Property, Developer shall permanently demarcate the location of the boundary of the conservation easement on each lot property line or corner with permanent four-foot tall posts. A 2 '/2 by 6 inch sign or decal reading "Scenic/Conservation Easement Boundary,City of Eden Prairie",will be affixed to the top of the post. XIX. Within 10 days of the approval of the Development Agreement,the Developer shall record the Development Agreement at the County Recorder and/or Registrar of Titles. The final plat shall not be released until proof of filing of the Development Agreement is submitted to 18 Camp Edenwood Development Agreement the City. XX. The City is hereby granted the option, but not the obligation, to complete or cause completion in whole or part of all of the Developer's obligations under this Agreement for which a bond, letter of credit, cash deposit or other security(hereinafter referred to as the "Security")is required if the Developer defaults with respect to any term or condition in this Agreement for which Security is required and fails to cure such default(s) within ten (10) days after receipt of written notice thereof from the City;provided however if the nature of the cure is such that it is not possible to complete the cure within ten (10) days, it shall be sufficient if the Developer has initiated and is diligently pursuing such cure. The Developer acknowledges that the City does not assume any obligations or duties of the Developer with respect to any such contract agreements unless the City shall agree in writing to do so. The City may draw down on or make a claim against the Security,as appropriate,upon five (5)business days notice to the Developer,for any violation of the terms of this Agreement or if the Security is allowed to lapse prior to the end of the required term. If the obligations for which Security is required are not completed at least thirty(30)days prior to the expiration of the Security and if the Security has not then been renewed,replaced or otherwise extended beyond the expiration date, the City may also draw down or make a claim against the Security as appropriate. If the Security is drawn down on or a claim is made against the Security, the proceeds shall be used to cure the default(s) and to reimburse the City for all costs and expenses, including attorneys' fee, incurred by the City in enforcing this Agreement. XXI. The Developer hereby grants the City, it's agents, employees, officers and contractors a license to enter the Property to perform all work and inspections deemed appropriate by the City in conjunction with this Agreement. XXII. This Agreement is a contract agreement between the City and the Developer. No provision of this Agreement inures to the benefit of any third person,including the public at large,so as to constitute any such person as a third-party beneficiary of the Agreement or of any one or more of the terms hereof, or otherwise give rise to any cause of action for any person not a party hereto. XXIII. Except as specifically authorized by the Director of Public Works,no permit shall be issued for the Property until the Developer has recorded the final plat with Hennepin County Recorder's Office/Registrar of Titles' Office. 19 Camp Edenwood Development Agreement EXHIBIT D DEVELOPMENT AGREEMENT—Camp Edenwood Respite Center Development Agreement Dated December 3, 1996 20 Camp Edenwood Development Agreement EXHIBIT E DEVELOPMENT AGREEMENT—Camp Edenwood Respite Center Development Agreement Dated October 20, 1998 21 Camp Edenwood Development Agreement EXHIBIT F FINAL ORDER NO. 1987-30 22 Camp Edenwood Development Agreement EXHIBIT G FINAL ORDER NO. 2007-20 23 Camp Edenwood Development Agreement CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda May 3, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.E. Community Development/Planning Optum PUD Amendment Janet Jeremiah/Julie Klima Requested Action Move to: • Approve 2nd Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District Amendment within the I-5 Zoning District on 89.63 acres; and • Approve Resolution for Site Plan Review on 89.63 acres; and • Approve the Sixth Amendment to the Development Agreement, subject to the City obtaining a conservation easement and amendment acceptable to the City Engineer. Synopsis This is final approval of the Amendment to the Development Agreement and plans for the construction of surface parking at 13625 Technology Drive. Background Information The 120-Day Review Period Expires on June 5, 2016. Attachments 1. Ordinance for PUD District Review 2. Summary Ordinance 3. Resolution for Site Plan Review 4. Development Agreement OPTUM PUD AMENDMENT CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 10-2016-PUD-7-2016 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA,AMENDING CERTAIN LAND WITHIN A ZONING DISTRICT,AND,ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be amended within the I-5 Zoning District 10-2016-PUD-7-2016 (hereinafter "PUD-7-2016-I-5). Section 3. The City Council hereby makes the following findings: A. PUD-7-2016-1-5 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-7-2016-I-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-7-2016-I-5 are justified by the design of the development described therein. D. PUD-7-2016-I-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 Sixth Amendment to Developments Agreement dated as of May 3, 2016, entered into between United HealthCare Services and the City of Eden Prairie, (hereinafter"Development Agreement"). The Development Agreement contains the terms and conditions of PUD-7-2016-I-5, and is hereby made a part hereof. The Development Agreement states as follows: SIXTH AMENDMENT TO DEVELOPERS AGREEMENT UNITED HEALTH GROUP THIS SIXTH AMENDMENT TO AGREEMENT, made and entered into as of this 3rd day of May, 2016, by United HealthCare Services, Inc., a Minnesota corporation, hereinafter referred to as "Developer," and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City": WHEREAS, Developer has applied to City for an Amendment to the Planned Unit Development to allow surface parking on property legally described on Exhibit A (the "Property"); RECITALS: A. Developer's predecessor and City entered into a Developers Agreement as of July 20, 1999, filed on December 15, 2003 as Document Number 3892828 with the Office of the Registrar of Titles, Hennepin County, Minnesota (the "Original Developers Agreement"). B. The parties entered into the First Amendment to Developers Agreement as of September 18, 2001, filed on December 15, 2003 as Document Number 3892830 with the Office of the Registrar of Titles, Hennepin County, Minnesota. C. The parties entered into the Second Amendment to Developers Agreement as of May 15, 2001 filed on December 15, 2003 as Document Number 3892831 with the Office of the Registrar of Titles, Hennepin County, Minnesota. D. The parties entered into the Third Amendment to Developers Agreement as of February 5, 2002 filed on June 8, 2005 as Document Number 4122211 with the Office of the Registrar of Titles. E. The parties entered into the Fourth Amendment to Developers Agreement as of April 12, 2005 filed on June 8, 2005 as Document Number 4122212 with the Office of the Registrar of Titles. F. Developer and City entered into the Fifth Amendment to Developers Agreement as of August 19, 2008 filed on August 25, 2008 as Document Number 4524263 with the Office of the Registrar of Titles. G. The Original Developers Agreement together with the amendments and this 6th Amendment are described above are hereafter collectively called the "Developers Agreement." NOW, THEREFORE, in consideration of the City adopting Ordinance No. for Planned Unit Development District Review and Zoning District Amendment (hereinafter the PUD) and Resolution No. for Site Plan Review, Developer agrees to construct upon, develop and maintain the Property as follows: 1. PLANS: Developer shall develop the Property in conformance with the materials stamp dated January 28, 2016, reviewed and approved by the City Council on March 8, 2016, (hereinafter the "Plans") and identified on Exhibit B, subject to such changes and modifications as provided herein. 2. GRADING, DRAINAGE, AND STORMWATER POLLUTION PREVENTION PLANS: A. FINAL GRADING AND DRAINAGE PLAN: Developer agrees that the grading and drainage plan contained in the Plans is conceptual. Prior to the release of a land alteration permit for the Property, Developer shall submit and obtain the City Engineer's written approval of a final grading and drainage plan for the Property. The final grading and drainage plan shall include all wetland information, including wetland boundaries, wetland buffer strips and wetland buffer monument locations; all Stormwater Facilities, such as water quality ponding areas, stormwater detention areas, and stormwater infiltration systems; and any other items required by the application for and release of a land alteration permit. All design calculations for storm water quality and quantity together with a drainage area map shall be submitted with the final grading and drainage plan. Prior to release of the grading bond, Developer shall certify to the City that the Stormwater Facilities conform to the final grading plan and that the Stormwater Facilities are functioning in accordance with the approved plans. Developer shall employ the design professional who prepared the final grading plan or a design professional acceptable to City (the "Design Professional"). The Design Professional shall monitor construction for conformance to the approved final grading plan and Stormwater Pollution Prevention Plan (SWPPP). The Design Professional shall provide a final report to the City certifying completion of the grading in conformance the approved final grading plan and SWPPP. In addition, the Design Professional shall be responsible for all monitoring, data entry and reporting to the PermiTrack ESC web-based erosion and sediment permit tracking program utilized by the City. B. STORMWATER FACILITY CONSTRUCTION: Stormwater Facilities, including detention basins, retention basins, "Stormwater Infiltration" or "Filtration Systems" (such as rainwater gardens, vegetated swales, infiltration basins, vegetated filters, filter strips, curbless parking lot islands, parking lot islands with curb-cuts, traffic islands, tree box filters, bioretention systems or infiltration trenches) or "Underground Systems" (such as media filters, underground sand filters, underground vaults, sedimentation chambers, underground infiltration systems, pre- manufactured pipes, modular structures or hydrodynamic separators) shall be maintained by the Developer during construction and for a minimum of two (2) full growing seasons after completion of the development to ensure that soil compaction, erosion, clogging, vegetation loss, channelization of flow or accumulation of sediment are not occurring, and thereafter by the owner of the Property. Planting and Maintenance Plans for the Stormwater Facilities (where appropriate) to ensure that the Stormwater Facilities continue to function as designed in perpetuity must be submitted prior to release of the first building permit for the Development The Developer shall employ the Design Professional to monitor construction of the Stormwater Facilities for conformance to the Minnesota Pollution Control Agency publication entitled "State of Minnesota Storm Water Manual" dated November 2005, the approved final grading plan and the requirements listed herein. All inspections of underground systems shall be performed by personnel that have approved OSHA confined space training. Developer shall use maintenance techniques during construction to protect the infiltration capacity of all Stormwater Infiltration Systems by limiting soil compaction to the greatest extent possible. This must include delineation of the proposed infiltration system with erosion control fencing prior to construction; installation of the infiltration system using low-impact earth moving equipment; and not allowing equipment, vehicles, supplies or other materials to be stored or allowed in the areas designated for stormwater infiltration during construction. In areas of structural infiltration Developer shall prior to construction of the infiltration system provide a plan that addresses: (i) construction management practices to assure the infiltration system will be functional; (ii), erosion control measures; (iii) infiltration capacity; (iv) performance specifications that the completed infiltration system must meet to be considered functional by City and (v) corrective actions that will be taken if the infiltration system does not meet the performance specification. All Stormwater Infiltration Systems must be inspected prior to final grading to ensure that the area is infiltrating as proposed and to determine if corrective measures are required to allow infiltration as proposed. Field verification of post-construction infiltration rates must be provided to the City within 30 days after the first rainfall event of inch or greater after the Stormwater Infiltration Systems become operational. If infiltration rates are reduced a plan to restore adequate infiltration must be provided within 90-days of the field verification test. The work required to bring the Stormwater Infiltration System back into compliance shall be implemented within 60 days of City approval of the plan, which may be extended at Developer's request in the City's sole discretion. Developer shall stabilize pervious surfaces with seed and mulch or sod and all impervious surfaces must be completed prior to final grading and planting of the Stormwater Infiltration Systems. Stormwater Infiltration Systems that are constructed under a building shall be designed for maintenance access and installed in conformance with the standards outlined in The Minnesota Stormwater Manual (November 2005) and/or the Plans. The System shall be kept off-line until construction is complete. Field verification of post-construction infiltration rates must be provided to the City within 30 days after the first rainfall event of one-half inch or greater following the Storm Water Infiltration Systems becoming operational. If the infiltration rates are reduced by construction, a plan to restore adequate infiltration must be provided within 90-days of the field test C. STORMWATER FACILITY INSPECTION AND MAINTENANCE: Developer shall prepare and provide to the City a Stormwater Maintenance Plan for the operation and maintenance of all Stormwater Facilities to ensure they continue to function as designed in perpetuity prior to issuance of the Land Alteration Permit. The Stormwater Maintenance Plan must identify and protect the design, capacity and functionality of all Stormwater Facilities. The Maintenance Plan must contain at a minimum: the party(s) responsible for maintenance; access plans; inspection frequency; methods used for field verification of infiltration for Stormwater Infiltration Systems; routine and non-routine inspection procedures; sweeping frequency for all parking and road surfaces; plans for restoration of reduced infiltration for Stormwater Infiltration Systems; and plans for replacement of failed systems, all pursuant to and in accordance with Eden Prairie City Code Section 11.55, Subd. 8. During construction and for two years following completion of construction, all Stormwater Facilities shall be inspected at a minimum of once annually to determine if the Stormwater Facility(s) is treating stormwater as designed and should occur within 72-hours after a rainfall event of one-inch or greater to verify infiltration. All Stormwater Facilities shall be kept free of debris, litter, invasive plants and sediment. Erosion impairing the function or integrity of the Stormwater Facilities, if any, must be corrected and any structural damage impairing or threatening to impair the function of the Stormwater Facilities must be repaired. The following criteria must be included in the inspection: • A storage treatment basin (including retention and detention basins) shall be considered inadequate if sediment has decreased the wet storage volume by 50 percent or dry storage volume by 25 percent of its original design volume. • A Stormwater Infiltration System shall be considered inadequate if sediment has accumulated that impairs or has the potential to impair infiltration of stormwater. • An underground storage chamber shall be considered inadequate if sediment has decreased the storage volume by 50 percent of its original design volume. Based on this inspection, if a Stormwater Facility requires cleanout the Stormwater Facility shall be restored to its original design and/or the infiltration capacity of the underlying soils shall be restored and any surface disturbance must be stabilized within one year of the inspection date. Sediment, debris, litter or vegetation removal in Stormwater Infiltration Systems shall be by hand or with a flat-bottomed shovel or rake during dry periods. Only enough sediment shall be removed as needed to restore hydraulic capacity, leaving as much of the vegetation in place as possible. Any damaged turf or vegetation shall be reseeded or replaced. After the two year period of maintenance, the owner of the Property shall continue to be responsible for maintenance of the Stormwater Facilities. This shall include inspections at a minimum of once per every five years. Regular maintenance shall be conducted and must include regular sweeping of private streets, parking lots or drive aisles at a minimum of once per year; debris and litter removal; removal of noxious and invasive plants; removal of dead and diseased plants; maintenance of approved vegetation; re-mulching of void areas; replanting or reseeding areas where dead or diseased plants were removed; and removal of sediment build-up. Sediment build-up in above-ground Stormwater Infiltration or Filtration Systems shall be removed by hand. Areas above Underground Systems shall be kept free of structures that would limit access to the System for inspections, maintenance or replacement. D. STORMWATER POLLUTION PREVENTION PLAN (SWPPP): Prior to issuance of a land alteration permit, Developer shall submit to the City Engineer and obtain City Engineer's written approval of Stormwater Pollution Prevention Plan (SWPPP) for the Property. The SWPPP shall include all boundary erosion control features, temporary stockpile locations, turf restoration procedures, concrete truck washout areas and any other best management practices to be utilized within the Project. Prior to release of the grading bond, Developer shall complete implementation of the approved SWPPP. 3. LANDSCAPE PLAN: Prior to land alteration permit issuance, the Developer shall submit to the City Planner and receive the City Planner's written approval of a final landscape plan for the Property. The approved landscape plan shall be consistent with the quantity, type, and size of plant materials shown on the landscape plan on the Plans. Developer shall furnish to the City Planner and receive the City Planner's written approval of a security in the form of a bond, cash escrow, or letter of credit, equal to 150% of the cost of said improvements as required by City Code. Developer shall complete implementation of the approved landscape plan in accordance with the terms and conditions of Exhibit C. 4. OTHER AGENCY APPROVALS: Prior to the issuance of any land alteration permit for the Property, the Developer shall submit to the City Engineer, copies of all necessary approvals issued by other agencies for the project. The agencies issuing such approvals include, but are not necessarily limited to, the following: the Minnesota Pollution Control Agency, Metro Waste Control Commission, Riley Purgatory Bluff Creek Watershed District 5. PUD WAIVERS GRANTED: The City hereby grants the following waivers to City Code requirements within the I-5 Zoning District through the Planned Unit Development District Review for the Property and incorporates said waivers as part of the off-site surface parking facility to be located on Lot 1, Block 1, Technology Campus 4th Addition to support Lot 2, Block 1, Technology Campus 4th Addition. The surface parking facility on Lot 1, Block 1 is granted a waiver as a temporary use which shall automatically terminate as set forth below. Upon termination of the waiver the surface parking lot on Lot 1, Block 1, Technology Campus 4th Addition shall be removed as set forth below: a. Developer's lease of the premises at 13625 Technology Drive terminates. In such event the surface parking lot on Lot 1, Block 1, Technology Campus 4th Addition shall be removed and restored with turf at Developer's sole cost and expense no later than ninety(90) days after termination of the lease. b. If a proposal for development on Lot 1, Block 1, Technology Campus 4th Addition is granted final approved by the Eden Prairie City Council. In such event the surface parking lot shall be removed at Developer's sole cost and expense prior to occupancy of any structure. Capacity of the surface parking lot shall be incorporated into a new structured parking ramp supporting the existing and new development. c. Developer conveys Lot 1, Block 1 Technology Campus 4th Addition to any third party, the surface parking lot on Lot 1, Block 1, Technology Campus 4th Addition shall be removed and restored with turf at Developer's sole cost and expense prior to closing on the conveyance of said lot. 6. SITE LIGHTING: Prior to building permit issuance, Developer shall submit to the City Planner and receive the City Planner's written approval of a plan for site lighting on the Property. All pole lighting shall consist of downcast shoebox fixtures not to exceed 25 feet in height. Developer shall complete implementation of the approved lighting plan prior to issuance of any occupancy permit for the Property. 7. TECHNOLOGY DRIVE TRAIL RESTORATION: Developer will retain an engineer and geotechnical services to provide analysis and recommendations for a solution to the soil sloughing and groundwater leaching onto the trail west of the access point onto Technology Drive. The proposed solution should be provided and submitted to the City for review, discussion and approval no later than December 31, 2016 with construction and implementation of the agreed upon project to be completed by October 1, 2017. 8. WETLAND PLAN: Prior to issuance of a Land Alteration Permit for any portion of the Property, Developer shall submit to the Environmental Coordinator and receive the Environmental Coordinator's approval of a Wetland Plan. The approved Wetland Plan shall be consistent with the materials and requirements shown on the Plans and as required by City Code. The Plan shall include the following elements. A. Wetland Buffer Strip Vegetation Evaluation: Developer shall submit to the City a Wetland Buffer Strip Evaluation Report ("Buffer Report") in accordance with the Wetland Plan and City Code requirements prior to release of the Land Alteration Permit for any portion of the Property. If the Buffer Report identifies any unacceptable vegetation or other conditions, the wetland buffer strip shall be graded, treated, reseeded and/or replanted (thereon known as "Landscaping", or "Landscaped") by the Developer within 90 days of submission of the Buffer Report. If the Wetland Plan is submitted after September 30th, the Landscaping must be completed by June 30th of the following year. If Landscaping of the wetland buffer strip is required, the Developer shall submit a signed statement by a qualified wetland consultant, as determined by the City Manager, stating that the wetland and/or wetland buffer strip vegetation complies with all City requirements within 30 days of completion of the Landscaping of the wetland and/or wetland buffer strip. B. Annual Wetland and Wetland Buffer Strip Evaluation: Developer shall submit a signed contract with a qualified wetland consultant, as determined by the City Manager and/or designee, for preparation of an Annual Wetland and Wetland Buffer Strip Evaluation Report (Annual Buffer Report) that evaluates the condition of the wetland(s) and wetland buffer strip(s) and to determine if they are in compliance with all City requirements. The Annual Buffer Report shall provide both an action plan and proposed cost for correction of all problems identified within the wetland(s) and/or wetland buffer strip(s). The first Annual Buffer Report shall be submitted no later than November 1 of the calendar year in which construction of the wetland and/or wetland buffer strip is commenced. Thereafter, this report shall be submitted annually until two full growing seasons following completion of the development have passed, at which point a final Annual Report shall be submitted. The final Annual Buffer Report shall evaluate the wetland(s) and wetland buffer strip(s) to determine if the wetland(s) and/or wetland buffer strip(s)remain in compliance with all City requirements. If any unacceptable conditions or vegetation are identified within the Annual Buffer Reports or final Annual Buffer Report, the Developer shall correct the area(s) identified within 90 days of submission of the Annual Buffer Report. C. Conservation Easement: Developer shall submit an Amendment to Conservation Easement attached as Exhibit C, for review and written approval by the Environmental Coordinator, for the area(s) delineated on the Plans. Developer shall be responsible for ensuring that the Amendment is executed by Developer and the owner of Lot 1, Block 1, Technology Campus 4th Addition. After approval by the City, Developer shall file the Amendment to Conservation Easement with the Hennepin County Recorder/Registrar of Title as appropriate. Prior to the issuance of the Land Alteration Permit for the Property, Developer shall submit to the Environmental Coordinator proof that the Amendment to Conservation Easement has been recorded in the Hennepin County Recorder's Office/Registrar of Titles' Office. D. Wetland Buffer Strip Monuments: The Wetland Plan shall include a plan to install all wetland buffer strip monuments for the property prior to release of the first building permit for any portion of the Property. The Security referred to in paragraph E below shall include the cost for location, including surveying, and installation of the monuments. Wetland buffer strip monument locations shall be shown on the final grading plan. The monument shall consist of a post and a wetland buffer strip sign. The post shall be a 1.12 to 2.0 pounds per foot (1.12 pounds per foot is preferred) green steel channel post or other material pre-approved in writing by the City Manager. The post shall be a minimum of 2.25 inches wide and 6 feet 6 inches long (2.25" x 6.5'). The sign shall have a minimum size of 3 inch by 8 inch (3" x 8"). The sign shall be mounted flush with the top of the post and shall include the statement "Conservation Easement: No Mowing Allowed" or "Conservation Easement: Vegetation Clearing Limit" or other language pre-approved in writing by the City Manager. The post shall be mounted to a height of four feet above grade and set at least 2.5 feet in the ground. Removal of the wetland buffer strip monuments is prohibited. Removal of the wetland buffer strip monuments is prohibited. E. Wetland Performance Bond: Developer shall furnish to the Environmental Coordinator and receive the Environmental Coordinator's approval of a Wetland Plan performance bond, cash escrow, or letter of credit with a corporation approved by the City Manager or other guarantee acceptable to the City Manager (hereinafter referred to as the "Security") equal to 150% of the cost, as estimated by the City Manager, of completing said Wetland Plan requirements and/or Landscaping as depicted on the Plans and as required by City Code. Said Security shall cover costs associated with the Wetland Plan during development and for two full growing seasons following completion of the development. If the Developer fails to implement the Wetland Plan in accordance with its terms, the City may draw upon the Security in whole or in part to pay the cost of implementation. 9. The Developers Agreement remains in full force and effect except as modified herein. EXHIBIT A DEVELOPMENT AGREEMENT - OPTUM PUD AMENDMENT Legal Description: Lots 1 and 2,Block 1,Technology Campus 4th Addition,Hennepin County,Minnesota EXHIBIT B DEVELOPMENT AGREEMENT - OPTUM PUD AMENDMENT Cover Sheet dated 1/28/16 by Westwood Professional Services, Inc. North Existing Conditions—Removals dated 1/2/16 by Westwood Professional Services, Inc. South Existing Conditions—Removals dated 1/2/16 by Westwood Professional Services, Inc. North Tree Preservation- Inventory Plan dated 1/28/16 by Westwood Professional Services, Inc. South Tree Preservation- Inventory Plan dated 1/28/16 by Westwood Professional Services, Inc. North Site Plan dated 1/28/16 by Westwood Professional Services, Inc. South Site Plan dated 1/28/16 by Westwood Professional Services, Inc. North Grading and Utility Plan dated 1/28/16 by Westwood Professional Services, Inc. South Grading and Utility Plan dated 1/28/16 by Westwood Professional Services, Inc. North Landscape Plan dated 1/28/16 by Westwood Professional Services, Inc. South Landscape Plan dated 1/28/16 by Westwood Professional Services, Inc. Details C7.0 of 15 dated 1/28/16 by Westwood Professional Services, Inc. Details C7.1 of 15 dated 1/28/16 by Westwood Professional Services, Inc. North Lighting Plan dated 1/28/16 by Westwood Professional Services, Inc. South Lighting Plan dated 1/28/16 by Westwood Professional Services, Inc. Aerial Overlay dated 1/12/16 by Westwood Professional Services, Inc. Rendering dated 1/12/16 by Westwood Professional Services, Inc. EXHIBIT C DEVELOPMENT AGREEMENT - OPTUM PUD AMENDMENT AMENDMENT TO CONSERVATION/SCENIC EASEMENT THIS AMENDMENT TO CONSERVATION/SCENIC EASEMENT (the "Amendment") is made this day of , by and between AGNL Health, L.L.C. a Delaware limited liability company, individually referred to as AGNL, and United HealthCare Services, Inc., a Minnesota corporation, individually referred to as UHG hereinafter collectively referred to as "Grantor", and the CITY OF EDEN PRAIRIE, a Minnesota municipal corporation, hereinafter referred to as "City". WHEREAS, UHG and City entered into a Conservation/Scenic Easement dated October 20, 2011 and filed on October 20, 2011 as Document Number T4895097 with the Office of the Registrar of Titles, Hennepin County, Minnesota (the"Conservation/Scenic Easement"); WHEREAS, at the time of execution of the Conservation/Scenic Easement, UHG was the fee owner of land located in Hennepin County, Minnesota, legally described as Lots 1 and 2, Block 1, TECHNOLOGY CAMPUS 4TH ADDITION, Hennepin County, Minnesota, said land is hereinafter referred to as the "Property"; WHEREAS, UHG has since transferred to AGNL Lot 1, Block 1, TECHNOLOGY CAMPUS 4TH ADDITION, as of public record Hennepin County, Minnesota; WHEREAS, Grantor and City desire to amend the Conservation/Scenic Easement NOW, THEREFORE, for good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree to amend the Conservation/Scenic Easement as follows: 1. Exhibit B legally describing the Easement Area and Exhibit B-1 depicting the Easement Area are deleted in their entirety and replaced with Exhibit C and Exhibit C-1 respectively, attached hereto and made a part hereof. 2. Except as amended herein, the Conservation/Scenic Easement shall remain in full force and effect. Section 5. The proposal is hereby adopted and the land shall be, and hereby is amended within the I-5 Zoning District and shall be included hereafter in the Planned Unit Development_-2016-I-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 8th day of March, 2016, 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 May, 2016. ATTEST: Kathleen Porta, City Clerk Ron Case, Acting Mayor PUBLISHED in the Eden Prairie News on , 2016. EXHIBIT A PUD Legal Description Lots 1 & 2, Block 1, Technology Campus 4th Addition, Hennepin County. OPTUM PUD AMENDMENT CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO.10-2016-PUD7-2016 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 13625 Technology Drive within the I5 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 Ron Case, Acting Mayor PUBLISHED in the Eden Prairie News on , 2016. (A full copy of the text of this Ordinance is available from City Clerk.) CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2016- A RESOLUTION GRANTING SITE PLAN APPROVAL FOR OPTUM PUD AMENDMENT BY UNITED HEALTH GROUP WHEREAS, United Health Group, has applied for Site Plan approval of Optum PUD Amendment to construct a two surface parking lots, by an Ordinance approved by the City Council on May 3, 2016; and WHEREAS, the Planning Commission reviewed said application at a public hearing at its February 8, 2016 meeting and recommended approval of said site plans; and WHEREAS, the City Council has reviewed said application at a public hearing at its March 8, 2016 meeting. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,that site plan approval is granted to United Health Group based on the Development Agreement between United HealthCare Services and AGNL Health and the City of Eden Prairie, reviewed and approved by the City Council on May 3, 2016. ADOPTED by the City Council of the City of Eden Prairie this 3rd day of May, 2016. Ron Case, Acting Mayor ATTEST: Kathleen Porta, City Clerk SIXTH AMENDMENT TO DEVELOPERS AGREEMENT UNITED HEALTH GROUP THIS SIXTH AMENDMENT TO AGREEMENT, made and entered into as of this 3rd day of May, 2016, by United HealthCare Services, Inc., a Minnesota corporation, hereinafter referred to as "Developer," and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City": WHEREAS, Developer has applied to City for an Amendment to the Planned Unit Development to allow surface parking on property legally described on Exhibit A (the "Property"); RECITALS: A. Developer's predecessor and City entered into a Developers Agreement as of July 20, 1999, filed on December 15, 2003 as Document Number 3892828 with the Office of the Registrar of Titles, Hennepin County, Minnesota(the "Original Developers Agreement"). B. The parties entered into the First Amendment to Developers Agreement as of September 18, 2001, filed on December 15, 2003 as Document Number 3892830 with the Office of the Registrar of Titles, Hennepin County, Minnesota. C. The parties entered into the Second Amendment to Developers Agreement as of May 15, 2001 filed on December 15, 2003 as Document Number 3892831 with the Office of the Registrar of Titles, Hennepin County, Minnesota. D. The parties entered into the Third Amendment to Developers Agreement as of February 5, 2002 filed on June 8, 2005 as Document Number 4122211 with the Office of the Registrar of Titles. E. The parties entered into the Fourth Amendment to Developers Agreement as of April 12, 2005 filed on June 8, 2005 as Document Number 4122212 with the Office of the Registrar of Titles. F. Developer and City entered into the Fifth Amendment to Developers Agreement as of August 19, 2008 filed on August 25, 2008 as Document Number 4524263 with the Office of the Registrar of Titles. G. The Original Developers Agreement together with the amendments and this 6th Amendment are described above are hereafter collectively called the "Developers Agreement." NOW, THEREFORE, in consideration of the City adopting Ordinance No. for Planned Unit Development District Review and Zoning District Amendment (hereinafter the PUD) and Resolution No. for Site Plan Review, Developer agrees to construct upon, develop and maintain the Property as follows: 1. PLANS: Developer shall develop the Property in conformance with the materials stamp dated January 28, 2016, reviewed and approved by the City Council on March 8, 2016, (hereinafter the "Plans") and identified on Exhibit B, subject to such changes and modifications as provided herein. 2. GRADING, DRAINAGE, AND STORMWATER POLLUTION PREVENTION PLANS: A. FINAL GRADING AND DRAINAGE PLAN: Developer agrees that the grading and drainage plan contained in the Plans is conceptual. Prior to the release of a land alteration permit for the Property, Developer shall submit and obtain the City Engineer's written approval of a final grading and drainage plan for the Property. The final grading and drainage plan shall include all wetland information, including wetland boundaries, wetland buffer strips and wetland buffer monument locations; all Stormwater Facilities, such as water quality ponding areas, stormwater detention areas, and stormwater infiltration systems; and any other items required by the application for and release of a land alteration permit. All design calculations for storm water quality and quantity together with a drainage area map shall be submitted with the final grading and drainage plan. Prior to release of the grading bond, Developer shall certify to the City that the Stormwater Facilities conform to the final grading plan and that the Stormwater Facilities are functioning in accordance with the approved plans. Developer shall employ the design professional who prepared the final grading plan or a design professional acceptable to City (the "Design Professional"). The Design Professional shall monitor construction for conformance to the approved final grading plan and Stormwater Pollution Prevention Plan (SWPPP). The Design Professional shall provide a final report to the City certifying completion of the grading in conformance the approved final grading plan and SWPPP. In addition, the Design Professional shall be responsible for all monitoring, data entry and reporting to the PermiTrack ESC web-based erosion and sediment permit tracking program utilized by the City. B. STORMWATER FACILITY CONSTRUCTION: Stormwater Facilities, including detention basins, retention basins, "Stormwater Infiltration" or "Filtration Systems" (such as rainwater gardens, vegetated swales, infiltration basins, vegetated filters, filter strips, curbless parking lot islands, parking lot islands with curb-cuts, traffic islands, tree box filters, bioretention systems or infiltration trenches) or "Underground Systems" (such as media filters, underground sand filters, underground vaults, sedimentation chambers, underground infiltration systems, pre-manufactured pipes, modular structures or hydrodynamic separators) shall be maintained by the Developer during construction and for a minimum of two (2) full growing seasons after completion 2 Optum PUD Amendment Development Agreement of the development to ensure that soil compaction, erosion, clogging, vegetation loss, channelization of flow or accumulation of sediment are not occurring, and thereafter by the owner of the Property. Planting and Maintenance Plans for the Stormwater Facilities (where appropriate) to ensure that the Stormwater Facilities continue to function as designed in perpetuity must be submitted prior to release of the first building permit for the Development The Developer shall employ the Design Professional to monitor construction of the Stormwater Facilities for conformance to the Minnesota Pollution Control Agency publication entitled "State of Minnesota Storm Water Manual" dated November 2005, the approved final grading plan and the requirements listed herein. All inspections of underground systems shall be performed by personnel that have approved OSHA confined space training. Developer shall use maintenance techniques during construction to protect the infiltration capacity of all Stormwater Infiltration Systems by limiting soil compaction to the greatest extent possible. This must include delineation of the proposed infiltration system with erosion control fencing prior to construction; installation of the infiltration system using low-impact earth moving equipment; and not allowing equipment, vehicles, supplies or other materials to be stored or allowed in the areas designated for stormwater infiltration during construction. In areas of structural infiltration Developer shall prior to construction of the infiltration system provide a plan that addresses: (i) construction management practices to assure the infiltration system will be functional; (ii), erosion control measures; (iii) infiltration capacity; (iv) performance specifications that the completed infiltration system must meet to be considered functional by City and (v) corrective actions that will be taken if the infiltration system does not meet the performance specification. All Stormwater Infiltration Systems must be inspected prior to final grading to ensure that the area is infiltrating as proposed and to determine if corrective measures are required to allow infiltration as proposed. Field verification of post-construction infiltration rates must be provided to the City within 30 days after the first rainfall event of 1/2 inch or greater after the Stormwater Infiltration Systems become operational. If infiltration rates are reduced a plan to restore adequate infiltration must be provided within 90-days of the field verification test. The work required to bring the Stormwater Infiltration System back into compliance shall be implemented within 60 days of City approval of the plan, which may be extended at Developer's request in the City's sole discretion. Developer shall stabilize pervious surfaces with seed and mulch or sod and all impervious surfaces must be completed prior to final grading and planting of the Stormwater Infiltration Systems. 3 Optum PUD Amendment Development Agreement Stormwater Infiltration Systems that are constructed under a building shall be designed for maintenance access and installed in conformance with the standards outlined in The Minnesota Stormwater Manual (November 2005) and/or the Plans. The System shall be kept off-line until construction is complete. Field verification of post-construction infiltration rates must be provided to the City within 30 days after the first rainfall event of one-half inch or greater following the Storm Water Infiltration Systems becoming operational. If the infiltration rates are reduced by construction, a plan to restore adequate infiltration must be provided within 90-days of the field test C. STORMWATER FACILITY INSPECTION AND MAINTENANCE: Developer shall prepare and provide to the City a Stormwater Maintenance Plan for the operation and maintenance of all Stormwater Facilities to ensure they continue to function as designed in perpetuity prior to issuance of the Land Alteration Permit. The Stormwater Maintenance Plan must identify and protect the design, capacity and functionality of all Stormwater Facilities. The Maintenance Plan must contain at a minimum: the party(s) responsible for maintenance; access plans; inspection frequency; methods used for field verification of infiltration for Stormwater Infiltration Systems; routine and non- routine inspection procedures; sweeping frequency for all parking and road surfaces; plans for restoration of reduced infiltration for Stormwater Infiltration Systems; and plans for replacement of failed systems, all pursuant to and in accordance with Eden Prairie City Code Section 11.55, Subd. 8. During construction and for two years following completion of construction, all Stormwater Facilities shall be inspected at a minimum of once annually to determine if the Stormwater Facility(s) is treating stormwater as designed and should occur within 72-hours after a rainfall event of one-inch or greater to verify infiltration. All Stormwater Facilities shall be kept free of debris, litter, invasive plants and sediment. Erosion impairing the function or integrity of the Stormwater Facilities, if any, must be corrected and any structural damage impairing or threatening to impair the function of the Stormwater Facilities must be repaired. The following criteria must be included in the inspection: • A storage treatment basin (including retention and detention basins) shall be considered inadequate if sediment has decreased the wet storage volume by 50 percent or dry storage volume by 25 percent of its original design volume. • A Stormwater Infiltration System shall be considered inadequate if sediment has accumulated that impairs or has the potential to impair infiltration of stormwater. 4 Optum PUD Amendment Development Agreement • An underground storage chamber shall be considered inadequate if sediment has decreased the storage volume by 50 percent of its original design volume. Based on this inspection, if a Stormwater Facility requires cleanout the Stormwater Facility shall be restored to its original design and/or the infiltration capacity of the underlying soils shall be restored and any surface disturbance must be stabilized within one year of the inspection date. Sediment, debris, litter or vegetation removal in Stormwater Infiltration Systems shall be by hand or with a flat-bottomed shovel or rake during dry periods. Only enough sediment shall be removed as needed to restore hydraulic capacity, leaving as much of the vegetation in place as possible. Any damaged turf or vegetation shall be reseeded or replaced. After the two year period of maintenance, the owner of the Property shall continue to be responsible for maintenance of the Stormwater Facilities. This shall include inspections at a minimum of once per every five years. Regular maintenance shall be conducted and must include regular sweeping of private streets, parking lots or drive aisles at a minimum of once per year; debris and litter removal; removal of noxious and invasive plants; removal of dead and diseased plants; maintenance of approved vegetation; re-mulching of void areas; replanting or reseeding areas where dead or diseased plants were removed; and removal of sediment build-up. Sediment build-up in above-ground Stormwater Infiltration or Filtration Systems shall be removed by hand. Areas above Underground Systems shall be kept free of structures that would limit access to the System for inspections, maintenance or replacement. D. STORMWATER POLLUTION PREVENTION PLAN (SWPPP): Prior to issuance of a land alteration permit, Developer shall submit to the City Engineer and obtain City Engineer's written approval of Stormwater Pollution Prevention Plan (SWPPP) for the Property. The SWPPP shall include all boundary erosion control features, temporary stockpile locations, turf restoration procedures, concrete truck washout areas and any other best management practices to be utilized within the Project. Prior to release of the grading bond, Developer shall complete implementation of the approved SWPPP. 3. LANDSCAPE PLAN: Prior to land alteration permit issuance, the Developer shall submit to the City Planner and receive the City Planner's written approval of a final landscape plan for the Property. The approved landscape plan shall be consistent with the quantity, type, and size of plant materials shown on the landscape plan on the Plans. Developer shall furnish to the City Planner and receive the City Planner's written approval of a security in the form of a bond, cash escrow, or letter of credit, equal to 150% of the cost of said improvements as required by City Code. 5 Optum PUD Amendment Development Agreement Developer shall complete implementation of the approved landscape plan in accordance with the terms and conditions of Exhibit C. 4. OTHER AGENCY APPROVALS: Prior to the issuance of any land alteration permit for the Property, the Developer shall submit to the City Engineer, copies of all necessary approvals issued by other agencies for the project. The agencies issuing such approvals include, but are not necessarily limited to, the following: the Minnesota Pollution Control Agency, Metro Waste Control Commission, Riley Purgatory Bluff Creek Watershed District 5. PUD WAIVERS GRANTED: The City hereby grants the following waivers to City Code requirements within the I-5 Zoning District through the Planned Unit Development District Review for the Property and incorporates said waivers as part of the off-site surface parking facility to be located on Lot 1, Block 1, Technology Campus 4th Addition to support Lot 2, Block 1, Technology Campus 4th Addition. The surface parking facility on Lot 1, Block 1 is granted a waiver as a temporary use which shall automatically terminate as set forth below. Upon termination of the waiver the surface parking lot on Lot 1, Block 1, Technology Campus 4th Addition shall be removed as set forth below: a. Developer's lease of the premises at 13625 Technology Drive terminates. In such event the surface parking lot on Lot 1, Block 1, Technology Campus 4th Addition shall be removed and restored with turf at Developer's sole cost and expense no later than ninety(90) days after termination of the lease. b. If a proposal for development on Lot 1, Block 1, Technology Campus 4th Addition is granted final approved by the Eden Prairie City Council. In such event the surface parking lot shall be removed at Developer's sole cost and expense prior to occupancy of any structure. Capacity of the surface parking lot shall be incorporated into a new structured parking ramp supporting the existing and new development. c. Developer conveys Lot 1, Block 1 Technology Campus 4th Addition to any third party, the surface parking lot on Lot 1, Block 1, Technology Campus 4th Addition shall be removed and restored with turf at Developer's sole cost and expense prior to closing on the conveyance of said lot. 6. SITE LIGHTING: Prior to building permit issuance, Developer shall submit to the City Planner and receive the City Planner's written approval of a plan for site lighting on the Property. All pole lighting shall consist of downcast shoebox fixtures not to exceed 25 feet in height. Developer shall complete implementation of the approved lighting plan prior to issuance of any occupancy permit for the Property. 7. TECHNOLOGY DRIVE TRAIL RESTORATION: Developer will retain an engineer and geotechnical services to provide analysis and recommendations for a solution to the soil sloughing and groundwater leaching onto the trail west of the access 6 Optum PUD Amendment Development Agreement point onto Technology Drive. The proposed solution should be provided and submitted to the City for review, discussion and approval no later than December 31, 2016 with construction and implementation of the agreed upon project to be completed by October 1, 2017. 8. WETLAND PLAN: Prior to issuance of a Land Alteration Permit for any portion of the Property, Developer shall submit to the Environmental Coordinator and receive the Environmental Coordinator's approval of a Wetland Plan. The approved Wetland Plan shall be consistent with the materials and requirements shown on the Plans and as required by City Code. The Plan shall include the following elements. A. Wetland Buffer Strip Vegetation Evaluation: Developer shall submit to the City a Wetland Buffer Strip Evaluation Report ("Buffer Report") in accordance with the Wetland Plan and City Code requirements prior to release of the Land Alteration Permit for any portion of the Property. If the Buffer Report identifies any unacceptable vegetation or other conditions, the wetland buffer strip shall be graded, treated, reseeded and/or replanted (thereon known as "Landscaping", or "Landscaped") by the Developer within 90 days of submission of the Buffer Report. If the Wetland Plan is submitted after September 30th, the Landscaping must be completed by June 30th of the following year. If Landscaping of the wetland buffer strip is required, the Developer shall submit a signed statement by a qualified wetland consultant, as determined by the City Manager, stating that the wetland and/or wetland buffer strip vegetation complies with all City requirements within 30 days of completion of the Landscaping of the wetland and/or wetland buffer strip. B. Annual Wetland and Wetland Buffer Strip Evaluation: Developer shall submit a signed contract with a qualified wetland consultant, as determined by the City Manager and/or designee, for preparation of an Annual Wetland and Wetland Buffer Strip Evaluation Report (Annual Buffer Report) that evaluates the condition of the wetland(s) and wetland buffer strip(s) and to determine if they are in compliance with all City requirements. The Annual Buffer Report shall provide both an action plan and proposed cost for correction of all problems identified within the wetland(s) and/or wetland buffer strip(s). The first Annual Buffer Report shall be submitted no later than November 1 of the calendar year in which construction of the wetland and/or wetland buffer strip is commenced. Thereafter, this report shall be submitted annually until two full growing seasons following completion of the development have passed, at which point a final Annual Report shall be submitted. The final Annual Buffer Report shall evaluate the wetland(s) and wetland buffer strip(s) to determine if the wetland(s) and/or wetland buffer strip(s) remain in compliance with all City 7 Optum PUD Amendment Development Agreement requirements. If any unacceptable conditions or vegetation are identified within the Annual Buffer Reports or final Annual Buffer Report, the Developer shall correct the area(s) identified within 90 days of submission of the Annual Buffer Report. C. Conservation Easement: Developer shall submit an Amendment to Conservation Easement attached as Exhibit C, for review and written approval by the Environmental Coordinator, for the area(s) delineated on the Plans. Developer shall be responsible for ensuring that the Amendment is executed by Developer and the owner of Lot 1, Block 1, Technology Campus 4th Addition. After approval by the City, Developer shall file the Amendment to Conservation Easement with the Hennepin County Recorder/Registrar of Title as appropriate. Prior to the issuance of the Land Alteration Permit for the Property, Developer shall submit to the Environmental Coordinator proof that the Amendment to Conservation Easement has been recorded in the Hennepin County Recorder's Office/Registrar of Titles' Office. D. Wetland Buffer Strip Monuments: The Wetland Plan shall include a plan to install all wetland buffer strip monuments for the property prior to release of the first building permit for any portion of the Property. The Security referred to in paragraph E below shall include the cost for location, including surveying, and installation of the monuments. Wetland buffer strip monument locations shall be shown on the final grading plan. The monument shall consist of a post and a wetland buffer strip sign. The post shall be a 1.12 to 2.0 pounds per foot (1.12 pounds per foot is preferred) green steel channel post or other material pre- approved in writing by the City Manager. The post shall be a minimum of 2.25 inches wide and 6 feet 6 inches long (2.25" x 6.5'). The sign shall have a minimum size of 3 inch by 8 inch (3" x 8"). The sign shall be mounted flush with the top of the post and shall include the statement "Conservation Easement: No Mowing Allowed" or "Conservation Easement: Vegetation Clearing Limit" or other language pre-approved in writing by the City Manager. The post shall be mounted to a height of four feet above grade and set at least 2.5 feet in the ground. Removal of the wetland buffer strip monuments is prohibited. Removal of the wetland buffer strip monuments is prohibited. E. Wetland Performance Bond: Developer shall furnish to the Environmental Coordinator and receive the Environmental Coordinator's approval of a Wetland Plan performance bond, cash escrow, or letter of credit with a corporation approved by the City Manager or other guarantee acceptable to the City Manager (hereinafter referred to as the "Security") equal to 150% of the cost, as estimated by the City Manager, of completing said Wetland Plan requirements and/or Landscaping as depicted on the Plans and as required by City Code. Said 8 Optum PUD Amendment Development Agreement Security shall cover costs associated with the Wetland Plan during development and for two full growing seasons following completion of the development. If the Developer fails to implement the Wetland Plan in accordance with its terms, the City may draw upon the Security in whole or in part to pay the cost of implementation. 9. The Developers Agreement remains in full force and effect except as modified herein. (signatures on following pages) 9 Optum PUD Amendment Development Agreement IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. UNITED HEALTHCARE SERVICES, INC. By: Name: Restor Johnson Its: Vice President, Real Estate STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2016, by Restor Johnson, the Vice President, Real Estate, of United HealthCare Service, Inc., a Minnesota Corporation. Notary Public 10 Optum PUD Amendment Development Agreement CITY OF EDEN PRAIRIE Ron Case, Acting Mayor Rick Getschow, City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2016, by Ron Case and Rick Getschow, respectively the Acting Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. Notary Public 11 Optum PUD Amendment Development Agreement EXHIBIT A DEVELOPMENT AGREEMENT - OPTUM PUD AMENDMENT Legal Description: Lots 1 and 2, Block 1,Technology Campus 4th Addition,Hennepin County, Minnesota 12 Optum PUD Amendment Development Agreement EXHIBIT B DEVELOPMENT AGREEMENT - OPTUM PUD AMENDMENT Cover Sheet dated 1/28/16 by Westwood Professional Services, Inc. North Existing Conditions—Removals dated 1/2/16 by Westwood Professional Services, Inc. South Existing Conditions—Removals dated 1/2/16 by Westwood Professional Services, Inc. North Tree Preservation- Inventory Plan dated 1/28/16 by Westwood Professional Services, Inc. South Tree Preservation- Inventory Plan dated 1/28/16 by Westwood Professional Services, Inc. North Site Plan dated 1/28/16 by Westwood Professional Services, Inc. South Site Plan dated 1/28/16 by Westwood Professional Services, Inc. North Grading and Utility Plan dated 1/28/16 by Westwood Professional Services, Inc. South Grading and Utility Plan dated 1/28/16 by Westwood Professional Services, Inc. North Landscape Plan dated 1/28/16 by Westwood Professional Services, Inc. South Landscape Plan dated 1/28/16 by Westwood Professional Services, Inc. Details C7.0 of 15 dated 1/28/16 by Westwood Professional Services, Inc. Details C7.1 of 15 dated 1/28/16 by Westwood Professional Services, Inc. North Lighting Plan dated 1/28/16 by Westwood Professional Services, Inc. South Lighting Plan dated 1/28/16 by Westwood Professional Services, Inc. Aerial Overlay dated 1/12/16 by Westwood Professional Services, Inc. Rendering dated 1/12/16 by Westwood Professional Services, Inc. 13 Optum PUD Amendment Development Agreement EXHIBIT C DEVELOPMENT AGREEMENT - OPTUM PUD AMENDMENT AMENDMENT TO CONSERVATION/SCENIC EASEMENT THIS AMENDMENT TO CONSERVATION/SCENIC EASEMENT (the "Amendment") is made this 3rd day of May,2016 by and between AGNL Health, L.L.C. a Delaware limited liability company, individually referred to as AGNL, and United HealthCare Services, Inc., a Minnesota corporation, individually referred to as UHG hereinafter collectively referred to as "Grantor", and the CITY OF EDEN PRAIRIE, a Minnesota municipal corporation, hereinafter referred to as "City". WHEREAS, UHG and City entered into a Conservation/Scenic Easement dated October 20, 2011 and filed on October 20, 2011 as Document Number T4895097 with the Office of the Registrar of Titles, Hennepin County, Minnesota(the "Conservation/Scenic Easement"); WHEREAS, at the time of execution of the Conservation/Scenic Easement, UHG was the fee owner of land located in Hennepin County, Minnesota, legally described as Lots 1 and 2, Block 1, TECHNOLOGY CAMPUS 4TH ADDITION, Hennepin County, Minnesota, said land is hereinafter referred to as the "Property"; WHEREAS, UHG has since transferred to AGNL Lot 1, Block 1, TECHNOLOGY CAMPUS 4TH ADDITION, as of public record Hennepin County, Minnesota; WHEREAS, Grantor and City desire to amend the Conservation/Scenic Easement NOW, THEREFORE, for good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree to amend the Conservation/Scenic Easement as follows: 1. Exhibit B legally describing the Easement Area and Exhibit B-1 depicting the Easement Area are deleted in their entirety and replaced with Exhibit C and Exhibit C-1 respectively, attached hereto and made a part hereof. 2. Except as amended herein, the Conservation/Scenic Easement shall remain in full force and effect. [Remainder of page left intentionally blank.] 14 Optum PUD Amendment Development Agreement IN WITNESS WHEREOF,the parties to this Amendment have caused these presents to be executed as of the day and year aforesaid. UNITED HEALTHCARE SERVICES, INC. By: NOT FOR SIGNATURE Name: Restor Johnson Its: Vice President, Real Estate STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2016, by Restor Johnson, the Vice President, Real Estate, of United HealthCare Service, Inc., a Minnesota Corporation. NOT FOR SIGNATURE_ Notary Public 15 Optum PUD Amendment Development Agreement AGNL HEALTH,L.L.C., a Delaware limited liability company By: AGNL Manager II, Inc., a Delaware corporation, its manager By: NOT FOR SIGNATURE Name: Gordon J. Whiting Its: President and Managing Director STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2016, by Gordon J. Whiting, the President and Managing Director of AGNL Manager II, Inc., a Delaware corporation, the manager of AGNL HEALTH, L.L.C., a Delaware limited liability company. NOT FOR SIGNATURE_ Notary Public 16 Optum PUD Amendment Development Agreement CITY OF EDEN PRAIRIE NOT FOR SIGNATURE Nancy Tyra-Lukens, Mayor NOT FOR SIGNATURE Rick Getschow, City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2016, 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. NOT FOR SIGNATURE_ Notary Public 17 Optum PUD Amendment Development Agreement EXHIBIT C "EASEMENT AREA" 18 Optum PUD Amendment Development Agreement EXHIBIT C-1 "DEPICTION OF EASEMENT AREA" 19 Optum PUD Amendment Development Agreement OWNERS' SUPPLEMENT TO DEVELOPER'S AGREEMENT BETWEEN UNITED HEALTHCARE SERVICES, INC. AND THE CITY OF EDEN PRAIRIE THIS OWNER'S SUPPLEMENT TO THE SIXTH AMENDMENT TO DEVELOPER'S AGREEMENT, is made and entered into as of May 3, 2016, by and between AGNL HEALTH, L.L.C., a Delaware limited liability company ("Owner"), and the CITY OF EDEN PRAIRIE ("City"): For, and in consideration of and to induce the City to adopt Ordinance No. for Planned Unit Development District Review and Zoning District Amendment (hereinafter the PUD) and Resolution No. for Site Plan Review, as more fully described in that certain Sixth Amendment to Developer's Agreement entered into as of May 3, 2016, by and between United HealthCare Services, Inc., a Minnesota corporation ("Developer"), and the City (the "Sixth Amendment"), Owner agrees with City as follows: 1. If Developer fails to complete construction and development in accordance with the Developer's Agreement (as the same is defined in the Sixth Amendment) and fails to obtain an occupancy permit for all of the improvements referred to in the Developer's Agreement within 24 months of the date of this Owners' Supplement, Owner shall not oppose the City's reconsideration and rescission of the Sixth Amendment and the Site Plan Review identified above, thus restoring the status of the Property before the Sixth Amendment and all approvals listed above were approved. 2. This Agreement shall be binding upon and enforceable against Owner, its successors, and assigns of the Property. 3. If Owner transfers this Property, Owner shall obtain an agreement from the transferee requiring that such transferee agree to all of the terms, conditions and obligations of"Owner"in this Agreement. [Signature and acknowledgment pages follow] 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 Ron Case, Acting Mayor Rick Getschow, City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 2016, by Ron Case and Rick Getschow, respectively the Acting Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. Notary Public AGNL HEALTH,L.L.C., a Delaware limited liability company By: AGNL Manager II, Inc., a Delaware corporation, its manager By: Name: Gordon J. Whiting Its: President and Managing Director STATE OF NEW YORK ) ) ss. COUNTY OF NEW YORK ) The foregoing instrument was acknowledged before me this day of , 2016, by Gordon J. Whiting, the President and Managing Director of AGNL Manager II, Inc., a Delaware corporation, the manager of AGNL HEALTH, L.L.C., a Delaware limited liability company. Notary Public Exhibit A Legal Description Lot 2, Block 1, Technology Campus 4th Addition, Hennepin County, Minnesota CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar May 3, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.F. Community Development, Resolution Requesting a Limited-Use Permit Janet Jeremiah for Municipal Entry Monument Signs Motion Move to: Adopt the resolution requesting a Limited Use Permit(LUP) for municipal entry monument signs. Synopsis The City must enter into a Limited Use Permit(LUP) for construction, operation, and maintenance of municipal entry monument signs in Minnesota State Right of Way(ROW). Adopting this resolution is the first step in developing this LUP document. This LUP resolution is for the proposed signs located in the highway ROW at the following locations: Trunk Highway 169 at Anderson Lakes Parkway, Trunk Highway 5 at Dell Road, and Trunk Highway 212 at Dell Road. With passage of the resolution,the Mayor and City Manager will be authorized to sign the final LUP on behalf of the City after its preparation by MnDOT staff. The proposed monument signs in the ROW of Interstate 494 are being reviewed by the Federal Highway Administration and the proposed sign on Trunk Highway 212 at Trunk Highway 62 needs additional analysis for access/maintenance of the sign. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2016- RESOLUTION AUTHORIZING LIMITED-USE PERMIT FOR MUNICIPAL ENTRY MONUMENT SIGNS IN THE RIGHT- OF-WAY OF TRUNK HIGHWAY 169 AT ANDERSON LAKES PARKWAY, TRUNK HIGHWAY 5 AT DELL ROAD,AND TRUNK HIGHWAY 212 AT DELL ROAD WHEREAS, the City Council of the City of Eden Prairie is the official governing body of the City of Eden Prairie; and WHEREAS, the City of Eden Prairie desires to construct municipal entry monument signs in the right-of way of Trunk Highway 169 at Anderson Lakes Parkway, Trunk Highway 5 at Dell Road, and Trunk Highway 212 at Dell Road to promote identity and geographical awareness; and WHEREAS, the State of Minnesota Department of Transportation requires a limited-use permit for the construction and utilization of said municipal entry monument signs. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Eden Prairie hereby approves a limited-use permit to construct, operate and maintain municipal entry monument signs within the right- of- way of Trunk Highway 169 at Anderson Lakes Parkway, Trunk Highway 5 at Dell Road, and Trunk Highway 212 at Dell Road. The City of Eden Prairie shall construct, operate and maintain said signs in accordance with the Limited Use Permit granted by the Minnesota Department of Transportation. BE IT FURTHER RESOLVED that the Mayor and the City Manager are authorized to execute the Limited Use Permit and any amendments to the Permit. ADOPTED by the Eden Prairie City Council on May 3, 2016. Ron Case, Acting Mayor SEAL ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar May 3, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.G. Matt Bourne, Parks and Contract for Improvements for Field 8 at Miller Natural Resources Manager Park Requested Action Move to: Award the contract for Improvements for Field 8 at Miller Park to Minnesota Roadways Company in the amount of$617,798.35. Synopsis Beginning in 2015, the City began to replace the aging bituminous surfaces throughout Miller Park. Last year the majority of the parking lots were milled and overlaid and this project involves replacing the bituminous in two of the final parking lots, mill and overlay all trails throughout the park as well as the plaza areas adjacent to the ballfields. The City took this opportunity to redesign the plaza area behind field#8 and this new configuration will reduce the amount of impervious surface and add some spectator friendly features. The design and specifications for the project were prepared by our consultant HTPO and the City received bids from six contractors. Background This project was originally bid last year as a replacement of the parking lot and plaza area around field#8 at Miller Park and an addition of a storage building on the east side of the parking lot. Only two bids were received and both were rejected because they were nearly$200,000 over the engineer's estimate. After discussing the project with our consultant, it was decided we may receive better pricing if we waited until 2016 to re-bid and combined the bituminous work in this project with our planned project to replace all of the trails and plaza areas within the park. Bid Summary and Recommendation The summary of the bids submitted is as follows: Bidder Base Bid Amount Add Alternate Amount Grand Total MN Roadways $414,778.35 $203,020.00 $617,798.35 Midwest Asphalt $434,616.00 $188,960.00 $623,576.00 Park Construction Co.$442,037.40 $226,428.00 $668,465.40 Custom Builders Inc. $471,574.00 $213,364.00 $684,938.00 Sunram Construction $508,288.00 $237,290.00 $745,578.00 Urban Companies $513,723.25 $260,700.00 $774,423.25 Award Bid for Improvements for Field 8 at Miller Park May 3, 2016 Page 2 The Engineers estimate for the project was $754,790.00. Each of the submitters has met the guidelines as detailed in the bid specifications. Staff and consulting engineer recommends the contract for the base bid plus the bid alternate be awarded to Minnesota Roadways Company. Funding for the construction work will come from the Capital Improvement Program (Capital Maintenance and Reinvestment Fund). The project is anticipated to begin in early August. Attachments Recommendation Letter and Summary of Bids Contract Z p II Engineering Surveying ) Landscape Architecture April 25, 2016 Mr. Matt Bourne City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Re: Construction Bids for Improvements for Field 8 at Miller Park Dear Mr. Bourne, Bids were received and opened at 10:30 a.m. on Thursday, April 7, 2016, for the above referenced project.The bids are shown on the attached Summary of Bids. The Engineer's Estimate for this project was $486,290.00 for the Base Bid and $268,500.00 for Bid Alternate #1. The low bidder, Minnesota Roadways Co. came in 14.7% below the Engineer's Estimate with a Base Bid of $414,778.35 and 24.4% below the Engineer's Estimate with a Bid Alternate #1 of $203,020.00. Recommendation is made that the City Council awards this project to Minnesota Roadways Co. in the total amount of $617,798.35, $414,778.35 for the Base Bid and $203,020.00 for Bid Alternate #1. This recommendation considers that the City Council reserves the right to waive minor irregularities and further reserves the right to award the contract in the best interests of the City. Respectfully, Hansen Thorp Pellinen Olson, Inc. /-4ea_ Adam Pawelk, P.E. 7510 Market Place Drive Eden Prairie, MN 55344 Enclosures 952-829-0700 952-829-7806 fax www.htpo.com HANSEN THORP PELLINEN OLSON, INC. Summary of Bids p 1 Engineering•5urveying Landscape Architecture 1 Project Title: Improvements for Field 8 at Miller Park City of Eden Prairie,MN Date: 4/7/2016 Time: 10:30 a.m. Responsible 5%Bid Addendum Addendum Bid Alternate#1 Bond Contractor No.1 No.2 Base Bid Total Total Planholders Verification Form Engineer's Estimate $486,290.00 $268,500.00 Minnesota Roadways Company X X X X $414,778.35 $203,020.00 Midwest Asphalt Corp X X X X $434,616.00 $188,960.00 Park Construction Company X X X X $442,037.40 $226,428.00 Custom Builders Inc. X X X X $471,574.00 $213,364.00 Sunram Construction,Inc. X X X X $508,288.50 $237,290.00 Urban Companies X X X X $551,472.00 $260,700.00 HTPO 14-080 FORM OF CONTRACT THIS AGREEMENT, made and executed this 3rd day of May, 2016 by and between the City of Eden Prairie, hereinafter referred to as the "City" and Minnesota Roadways Company, hereinafter referred to as the"Contractor". WITNES SETH: CITY AND CONTRACTOR, for the consideration hereinafter stated, agree as follows: I. CONTRACTOR hereby covenants and agrees to perform and execute all the provisions of the Plans and Specifications prepared by the City Engineer for the Parks and Recreation Department referred to in Paragraph IV, as provided by the CITY for: Improvements for Field 8 at Miller Park CONTRACTOR further agrees to do everything required by this Agreement and the Contract Document. II. CITY agrees to pay and CONTRACTOR agrees to receive and accept payment in accordance with the prices bid for the unit or lump sum items as set forth in the Proposal Form attached hereto which prices conform to those in the accepted CONTRACTOR'S proposal on file in the office of the City Engineer. The aggregate sum of such prices, based on estimated required quantities is estimated to be$617,798.35. III. Payments to CONTRACTOR by CITY shall be made as provided in the Contract Documents. IV. The Contract Documents consist of the following component parts: 1) Legal and Procedural Documents a) Advertisement for Bids b) Instruction to Bidders c) Accepted Proposal d) Contract Agreement e) Contractor's Performance Bond f) Contractor's Payment Bond 2) Special Conditions 3) Detail Specifications 4) General Conditions 5) Plans 6) Addenda and Supplemental Agreements The Contract Documents are hereby incorporated with this Agreement and are as much a part of this Agreement as if fully set forth herein. This Agreement and the Contract Documents are the Contract. V. CONTRACTOR agrees to fully and satisfactorily complete the work contemplated by this Agreement in accordance with the following schedule: or in accordance with the Contract Documents. VI. This Agreement shall be executed in two (2) copies. IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands and seals as of the date first above written. In Presence Of: CITY OF EDEN PRAIRIE, MN By: Ron Case Its Acting Mayor By: Rick Getschow Its City Manager CONTRACTOR In Presence Of: By: Title: By: Title: CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar May 3, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.H. Matt Bourne, Parks and Award Contact for Reconstruction of Soccer Field Natural Resources Manager #10 at Miller Park Requested Action Move to: Award the contract for Reconstruction of Soccer Field#10 at Miller Park to Duininck, Inc. in the amount of$412,545. Synopsis The City advertised for the reconstruction of the Soccer Field#10 at Miller Park. Specifications for the construction work were prepared by our consultant HTPO and the City received bids from nine contractors. The proposed reconstruction work is to remove 12 inches of existing topsoil of the field and replace it with four inches of drainage rock, a drain tile network and 18 inches of engineered topsoil. Background The five original soccer fields at Miller Park were built in 1994 using the native soils from the property. Unfortunately, the native soils are a very fine silty/sand material and the playing surfaces have been subject to drainage and compaction issues from the beginning. This has resulted in very poor turf conditions and unsafe or unplayable conditions which have resulted in the fields being closed for portions of various sport seasons. In 2009, the decision was made to renovate Miller Park soccer fields 12 and 13. These two fields were reconstructed using similar engineered soils and a subsurface drain tile system. The improvement to those two fields has resulted in excellent field playability conditions with no surface compaction or water drainage issues. For that reason staff has requested funding within the Capital Improvement Plan for the systematic renovation of the three remaining soccer fields over the next 6 years. This reconstruction project is the second phase of the plan to fully reconstruct these fields, with Miller#9 having been renovated in 2014. Bid Summary and Recommendation The summary of the bids submitted is as follows: Duininck, Inc. $412,545.00 Minnesota Dirt Works $421,225.00 Sunram Constuction, Inc. $457,504.00 K.A.Witt Construction,Inc. $466,022.00 New Look Contracting, Inc. $472,849.00 Peterson Companies $511,299.50 G.F. Jedlicki, Inc. $517,387.00 Max Steiniger, Inc. $544,445.04 Frattalone Companies $551,317.65 Award Contact for Reconstruction of Soccer Field#10 at Miller Park May 3, 2016 Page 2 The Engineers estimate for the project was $465,850.00. Each of the submitters has met the guidelines as detailed in the bid specifications. Staff and consulting engineer recommends the contract be awarded to Duininck, Inc. Funding for the construction work will come from the Capital Improvement Program (Park Improvement Funds). The project is anticipated to begin the end of May with a final completion date of August 15th. Attachments HTPO Recommendation Letter and Summary of Bids Contract Z "7 p I Engineering Surveying ;1 Landscape Architecture 1 ] April 25, 2016 Mr. Matt Bourne City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Re: Construction Bids for Reconstruction of Soccer Field#10 at Miller Park Dear Mr. Bourne, Bids were received and opened at 11:00 a.m. on Thursday, April 7, 2016, for the above referenced project.The bids are shown on the attached Summary of Bids. The Engineer's Estimate for this project was $465,850.00. The low bidder, Duininck, Inc. came in 11.4% below the Engineer's Estimate with a bid of $412,545.00 Recommendation is made that the City Council awards this project to Duininck, Inc. in the amount of $412,545.00. This recommendation considers that the City Council reserves the right to waive minor irregularities and further reserves the right to award the contract in the best interests of the City. Respectfully, Hansen Thorp Pellinen Olson, Inc. Adam Pawelk, P.E. Enclosures 7510 Market Place Drive Eden Prairie, MN 55344 952-829-0700 952-829-7806 fax www.htpo.corn HANSEN THORP PELLINEN OLSON, INC. Summary of Bids 1 1 1 Engineering-Surveying 1 Landscape Architecture Project Title: Reconstruction of Soccer Field#10 at Miller Park City of Eden Prairie,MN Date: 4/7/2016 Time: 11:00 a.m. 5%Bid Responsible Bond Contractor Base Bid Total Planholders Verification Form Engineer's Estimate $465,850.00 Duininck,Inc. X X $412,545.00 Minnesota Dirt Works,Inc. X X $421,225.00 Sunran Construction,Inc. X X $457,504.00 K.A.Witt Construction,Inc. X X $466,022.00 New Look Contracting,Inc. X X $472,849.00 Max Steiniger,Inc. X X $505,430.04 Peterson Companies X X $511,299.50 G.F.Jedlicki,Inc. X X $517,387.00 Frattalone Companies X X $551,317.65 HTPO 14-009.3 FORM OF CONTRACT THIS AGREEMENT, made and executed this 3rd day of May, 2016 by and between the City of Eden Prairie, hereinafter referred to as the "City", and Duininck, Inc., hereinafter referred to as the "Contractor". WITNESSETH: CITY AND CONTRACTOR, for the consideration hereinafter stated, agree as follows: I. CONTRACTOR hereby covenants and agrees to perform and execute all the provisions of the Plans and Specifications prepared by the City Engineer for the Parks and Recreation Department referred to in Paragraph IV, as provided by the CITY for: Reconstruction of Soccer Field#10 at Miller Park CONTRACTOR further agrees to do everything required by this Agreement and the Contract Document. II. CITY agrees to pay and CONTRACTOR agrees to receive and accept payment in accordance with the prices bid for the unit or lump sum items as set forth in the Proposal Form attached hereto which prices conform to those in the accepted CONTRACTOR'S proposal on file in the office of the City Engineer. The aggregate sum of such prices, based on estimated required quantities is estimated to be$412,545.00. III. Payments to CONTRACTOR by CITY shall be made as provided in the Contract Documents. IV. The Contract Documents consist of the following component parts: 1) Legal and Procedural Documents a) Advertisement for Bids b) Instruction to Bidders c) Accepted Proposal d) Contract Agreement e) Contractor's Performance Bond f) Contractor's Payment Bond 2) Special Conditions 3) Detail Specifications 4) General Conditions 5) Plans 6) Addenda and Supplemental Agreements The Contract Documents are hereby incorporated with this Agreement and are as much a part of this Agreement as if fully set forth herein. This Agreement and the Contract Documents are the Contract. V. CONTRACTOR agrees to fully and satisfactorily complete the work contemplated by this Agreement in accordance with the following schedule: or in accordance with the Contract Documents. VI. This Agreement shall be executed in two (2) copies. IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands and seals as of the date first above written. In Presence Of: CITY OF EDEN PRAIRIE, MN By: Nancy Trya-Lukens Its Mayor By: Rick Getschow Its City Manager CONTRACTOR In Presence Of: By: Title: By: Title: CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar May 3, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.I. Matt Bourne, Parks and Approve Maintenance Agreement for the Natural Resources Manager, Wetland Buffer Areas at Miller#10 Parks and Recreation Motion Move to: Approve maintenance agreement for the wetland buffer areas at Miller#10. Synopsis Due to the amount of earthwork needed for the Miller Park Field#10 Renovation, the Riley- Purgatory-Bluff Creek Watershed District is requiring that all wetlands located on this parcel be delineated and an agreement be made outlining maintenance and reporting requirements to be conducted by the City for the buffer areas of the wetlands. This agreement must be executed as a condition of the Watershed District permit for the renovation of field#10. Background According to RPBCWD rules,because a wetland is located on the same parcel and downgradient of the proposed project, a wetland delineation, type determination, and function and values assessment using MnRAM is needed for the wetlands to determine the buffer location and average/minimum width. After this has been determined, the City must clearly mark this buffer area with permanent signs that state no mowing is allowed and include the RPBCWD website. An agreement must also be made that the City is to maintain this buffer. Attachment Maintenance Agreement Exhibit A MAINTENANCE AGREEMENT Between the Riley Purgatory Bluff Creek Watershed District and The City of Eden Prairie This Maintenance Agreement (Agreement) is made by and between the Riley Purgatory Bluff Creek Watershed District, a watershed district with purposes and powers set forth at Minnesota Statutes chapters 1 03B and 1 03D (RPBCWD), and the City of Eden Prairie, a statutory city and body corporate and politic of the State of Minnesota (City). Recitals and Statement of Purpose WHEREAS pursuant to Minnesota Statutes section 1 03D.345, the RPBCWD has adopted and implements the Wetland and Creek Buffers Rule, the Waterbody Crossings and Structures Rule and the Stormwater Management Rule; WHEREAS under the Wetland and Creek Buffers Rule, certain land development activity triggers the requirement that the landowner record a declaration establishing the landowner's perpetual obligation to protect undisturbed buffer adjacent to a creek or wetland; WHEREAS under the Stormwater Management Rule, certain land development activity triggers the requirement that the landowner record a declaration establishing the landowner's perpetual obligation to inspect and maintain stormwater-management facilities WHEREAS in each case, a public landowner, as an alternative to a recorded instrument, may meet the maintenance requirement by documenting its obligations in an unrecorded written agreement with the RPBCWD; WHEREAS in accordance with the RPBCWD rules and as a condition of permit , the City's perpetual obligation to maintain stormwater facilities must be memorialized in a maintenance agreement specifying requirements and restrictions; WHEREAS City and the RPBCWD execute this Agreement to fulfill the condition of permit no. , and concur that it is binding and rests on mutual valuable consideration; 1 THEREFORE City and RPBCWD agree as follows that City, at its cost, will inspect and maintain the wetland buffer as shown in the site plan attached to and incorporated into this Agreement as Exhibit A in perpetuity as follows: 1) BUFFER AREAS a) Buffer vegetation must not be cultivated, cropped, pastured, mowed, fertilized, subject to the placement of mulch or yard waste, or otherwise disturbed, except for periodic cutting or burning that promotes the health of the buffer, actions to address disease or invasive species, mowing for purposes of public safety, temporary disturbance for placement or repair of buried utilities, or other actions to maintain or improve buffer quality and performance, each as approved by the District in advance in writing or when implemented pursuant to a written maintenance plan approved by the District. b) Diseased, noxious, invasive or otherwise hazardous trees or vegetation may be selectively removed from buffer areas and trees may be selectively pruned to maintain health. c) Pesticides and herbicides may be used in accordance with Minnesota Department of Agriculture rules and guidelines. d) No fill, debris or other material will be placed within a buffer. e) No structure or impervious cover (hard surface) may be created within a buffer area beyond that shown in the scaled site plan attached to this declaration as Exhibit A. f) Permanent wetland buffer markers will be maintained in the locations shown on the approved site plan attached as Exhibit A. Language shall indicate the purpose of the buffer, restrictions, and the name and website address of the Riley Purgatory Bluff Creek Watershed District. 2) Property Transfer. If City conveys into private ownership a fee interest in the property that is the subject of this Agreement, it shall require as a condition of sale, and enforce: (a) that the purchaser record a declaration on the property incorporating the maintenance requirements of this Agreement; and (b) that recordation occur either before any other encumbrance is recorded on the property or, if after, only as accompanied by a subordination and consent executed by the encumbrance holder ensuring that the declaration will run with the land in 2 perpetuity. If City conveys into public ownership a fee interest in any property that has become subject to this Agreement, it shall require as a condition of the purchase and sale agreement that the purchaser accept an assignment of all obligations vested under this Agreement. 3) This Agreement may be amended only in a writing signed by the parties. 4) Authority to Contract. The person executing this Agreement on behalf of City represents that he is duly authorized to execute this Agreement on behalf of City and represents and warrants that this Agreement is a legal, valid and binding obligation enforceable according to its terms. 5) The recitals are incorporated as a part of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. RILEY PURGATORY BLUFF CREEK WATERSHED DISTRICT By Date: President, Board of Managers City of City By: Date: Nancy Tyra-Lukens Its Mayor By: Date: Rick Getschow Its City Manager 3 Exhibit A Site Map Site and Grading Plan 4 City of Eden Prairie $#7 _ • • r. ) .— ' • • LI Wetland Area - •; `' _ "' _s. . .:)±_. ___. . ,, . . ... _ . I. .. „.•..r. I.: ,,, a Delineation in Progress ' = ��. • , 1.11 t 1 i �APPORAIMIIIII ! Project Area _f • ti •� - _ . �� ite • # ....._ I' -4,;•• . -•-•••-..: ,, -..s . ".... .. .. Min ;t it - . IC• 1 s d. • Y • • -rt Description -iii J t•• �` - 4 ;i • R ��'++v••4. • I y°g 0 0.0175 0.035 .. ,'.,Y- it,- ; • d . Miles I I 1 l 1 Miles uscia.tirn TMcholee.nvr...aenner..,�1.In..e..r�,rhe�T..¢o�..¢n.. �m.i..c¢n.e �b. y 5 N ..e..eyl.whom a e.mi ne.PM Mee I. r -er e•.,cex.er p rn..nre.T0110/L inoemmel I Tee CM er Wen PM...In MO.M eeT es.40.. �� Feet I I I I I Feetnnm:.ob..ere�.,�.wla. :.: :::...wen.brerwar..o,.e....e.: �` ,- •inr.e.bre^vrp�aphr Jed Henn.yin CC .�¢II tre...r,.vun.r.b.3re♦r inght.�n.rn..IM...vl lh.mlv e.fv.nle...mns �r •'' 0 110 220 Seale: 1 1,739.06 •••o La m.�.ye.>..Ar... ...nee...eree... ,...e m r.•a+n.en Melee.WOmIwna4uh.the.asee.ee..Maier,.arer�.n.loLI.r I,r, a e e,.er.. by mm�.oimOone%mule e...parcwee The Cy or EYm Pda.r. NOTES 1. EROSION CONTROL SHALL BE INSTALLED PRIOR TO COMMENCING / CONSTRUCTION AND MAINTAINED THROUGHOUT CONSTRUCTION.SEE SWPPP NARRATIVE SHEETS FOR ADDITIONAL INFORMATION. 2. ALL TREE REMOVAL SHALL BE FIELD VERIFIED AND APPROVED BY THE CITY.PRIOR TO EXCAVATION,SEVER POTENTIAL TREE ROOTS WITHIN OA THE EXCAVATION AREA WITH AN APPROVED ROOT CUTTER. EMI w0 CONTRACTOR SHALL BE RESPONSIBLE FOR TREE PRUNING AS NEEDED. hip pOp --) INSTALL TEMPORARY �Vy�V) ;a 3. CONTRACTOR SHALL FIELD VERIFY EXISTING ELEVATIONS AND CONSTRUCTION TOPOGRAPHY PRIOR TO COMMENCING GRADING OPERATIONS,IF CLOSE PARKING IDENTIFICATION SIGN DISCREPANCIES OCCUR BETWEEN PLAN AND ACTUAL SITE CONDITIONS, LOT ENTRANCE NOTIFY ENGINEER IMMEDIATELY, CLOSE PARKING PROTECT BIT.TRAIL AND �"LJ 4. SR M 831.31- IP V 869.51 `\ a El • I a �l � , _8E4 _ / - - -: � ° AREAS WITH SEED,FERTILIZER,AND HYDRAULIC SOIL STABILIZER OR y 1 •e/•• -�✓ / /� , � � AS DIRECTED BY THE ENGINEER. SEED MIX SHALL BE MNDOT MIXTURE 10®--�... 0 er. - -�'G� i- rs• = ,r a!::. 8$i..Z•e =`-�i; r�,em - �" A e s.0. i P >� _ • a� / r� "-- \,ppp �� 25-131 APPLIED AT A RATE OF 220 LBS/AC(MNDOT 3876). FERTILIZER l_) I �� !{�� '� `O\ ...../` SHALL BE TYPE 3SLQW-RELEASE,NPK 10-10-10(MNDOT3881)AND (� i �� 881' ' t ' �,_ i 14 37�i 7 i r y //� # APPLIED AT A RATE OF 300 LBS/AC. HYDRAULIC SOIL STABILIZER =�1 RIM.)t6.41 "E' I , 1 1 1/: P V d 3 \ �\i / / / u SHALL BE TYPE HYDRAULIC MULCH(MNDOT 3884.2 B.2)AND APPLIED 48.09 , ` co ' 1 I m V 87 6 N 7� I if ff { INV 87 9 m r 882. 8 1.1I I� I / / I �, y�",� AT A RATE OF 2100 LBS/AC. ?.0 i \ /k I rn >�81.0 v'oo I \ \r �� // / i / � ` -/ ,I \ \1 I x �rn`j \ `�� \r i-- �/- �,/ //, /1, i RI h1 873.80 6. CONTRACTOR SHALL REMOVE ALL TEMPORARY EROSION AND SEDIMENT INV 367.4 S,E f I I,m .+ (\ �� \� i /, - \ CONTROL MEASURES UPON FINAL STABILIZATION. `.�r' ) x...,, j ^ to i 1 rr\ ♦ i - / ///� ' / _ INV 894.5 SUMP ^ PROTECT LI�HT POLE WIfjING co I \03 f rr \r Nr1 \ / 1/ {' \ n LEGEND 1 IN-PLACE.WIRING TQ BE \ I \ i r\ \/ /P /1 % / RIM 874.58 ADJUSTED AS NEEDED BY OTHERS.I . \ J �. I r PROYE(TL GHT P®Cry WIRING, /, INV 868.43 N -*r 3•- •- TREE PROTECTION FENCE I \ I I COORDINATE WITH'CITY(TI'P.)1 , xe I v l' IN PLA E.vJ1E(1PI TQ$E / /� N 0 1 I r�•^ I f i\ \• AC�]USTEq AS NEEDED BY�THFRS) �a r 11 11 D1P - o c c SILT FENCE �: EMOVAL OF I RIGATION LINES, ,rp i co LOCATED IN FIELb IS)NCIDENYAL; p °a r I 1 r- ` COOTiDxNA��WITH CII1Y(TYP j I �\ '� I I I `� /f . % SEDIMENT CONTROL INLET-TYPE A OR B J SPRINKLER HEADS'TO E REMOVED '! I 1 N IN �♦ I�� /� / i / p xt"'° mY OTHERS,NEW SINES AND HEAD ill" fO l- - rr ` \' rr\/ /�/ //� ^ _�-I-I...� m m I �^ `� ' /, \ ROCK CONSTRUCTION ENTRANCE 1.)" LIIII °r0 BE INSTALLED BY ETHERS(TYP.� I 011.7 io �; ::._ IN I w ' I-, �8s1:Q , � 0 cif✓ 11 1 /\J �, l� ){ \� ��l,or il.p /` I STREET SWEEPING ,,,,s �o;a f,,u //` L/ /L �� `� (AS REQUIRED OR AS DIRECTED BY ENGINEER) 1 ^� \' R�1 880.48 ^ SOCCER (8£0.5) � � IE LCC R N�"nt� /`i i /` �`\ �\J 900� CONTOUR LINE I V s74.1 I ( FIELD#11j y (- FIEL4`#1b °j�t / L /50CCE�t = \ �, ` N,� 1 ( L r/ L//`/ /4 FIE�6 #9� ,\ �\\J \*\j,, 1^ 880.3 SPOT ELEVATION ♦a�� xc,e i� 'co'l �o I co / /• /L / �, (880.3) SPOT ELEVATION-MATCH EXISTING -'-\ I 4 xb,.,: I If w ,� l RI f88033 m- L4 / /l /\JJ \ \, \ I f v 1 IN 868 03 m JI / / i LTI \ I f i/L I//L �* 1UM 82'/�0 ,s SLOPE GRADE I ' I I I "P' ¢ /L ,if x, INV.873.3,W G- 1 � rn I J I P� /L /L >NV0OhS�, �/ I 1 l m q� 1 I/ /L/ L / i nJ kJ ` » DRAINAGE FLOW 1rr 1.� `I� 1 j x `� -�- , r- ,25i� -�' m I I �k L �� ,� ' - SOD 1 / � �r�{ 1 I ADJUST GRADE AROUND ; yp I ' / // / / • \ �c 1 j I LIGHT POLE),PROTECT i rr,. ` I / 1� /LL i e/ / ` ~ �� \'`j z �.•� I BASE IN-PLACE(TYP.) ' �'�� :.r._, I. < 1 n� l e. -- - -- t� -,�� \ 7t y TREE TO BE REMOVED _ 8 > 8;,2 881.0 \RIP1 876.15 RIM 877.90 ✓tff f �4 f 1 r "" -• / ) 881,0 • ��INV 873.7 N -' INV 870.98 V a INV 371.75 W,E is"HOP » ` �- RNV8 6�50 88p1-______.3� 880�'i •i fj 0 6, BENCHMARK2 BENCHMARK 5 `J/ _-INV 872J,80� 1 >Z I �">j - = % » �i o TNH 879.94 _ ".C11 ' A 15 HOPE -I ., �. -_ --_ ___ 1, RCP ��_ le 4 r - > BENCHMARK 1:TNH(TOP NUT OF HYDRANT), ELEVATION=866.41(NAVD88) \ 'ti"" --_ �" 'ur=14pgs _ ��` Jt.IHS EGRADE AROUND �rriF b \ BENCHMARK 2:TNH(TOP NUT OF HYDRANT), ELEVATION=879.94(NAVD88) �1_-_�>---"-_ > _--RIt4-87S3Lf= �83538 - -- LIGHT--P6LE,PROTECT - =_-- _ _-��=- ___ �� E3`ILP- LACE(TYP.) RIM 879.32 'ru. 15"FES� s55�- ---------=- __ _ -_ = INV 876.02 Si -_____ ems_= - __- X_x---x- INV(865.ONW) �� - 7 __ _ --___-__-=__- = x- x_x x x INV(846.9E-IN) `--EE _� -=-844- �x_x-x x x x�x-_x x x TRUNK HIGHWAY NO. 212 a 2 3 d Scale in feet e 0 50 100 150 m-� .?o. Project No. 14-009.3 Dote Issues/Revisions I hereby certify that this plan, specification or STATE AID PROJECT NO. REMOVALS GRADING EROSION AND SEDIMENT SHEET 5 `66 1`II D Engineering Surveying03-25-16 BID SET report was prepared by me or under my direct r r o W N I 9 9 Drawn by AMP supervision and that I am a duly Licensed STATE PROJECT NO. CONTROL, AND TURF ESTABLISHMENT PLAN 0, x ;) Landscape Architecture Professional Engineer under the laws of the of I J Design by AMP COUNTY PROJECT NO. St o Minneso ��- HANSEN THORP PELLINEN OLSON,Inc. Checked by CJH �w, .� CITY PROJECT NO. RECONSTRUCTION OF SOCCER FIELD #10 AT MILLER PARK 3 a gw'm 7510 Market Mace nrhe•Eden Praise,MN 55344 dam Powelk 7 SHEETS 452-829-0700•952-829-7806 fax 49990 03-25-16 CLIENT PROJECT NO. EDEN PRAIRIE, MINNESOTA 8 N 6 L . No. Date: R _ CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar May 3, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.J. Matt Bourne, Parks and Award Contract for Round Lake Park Irrigation to Natural Resources Manager Green Acres Sprinkler Co. Requested Action Move to: Award the contract for Round Lake Park irrigation upgrade to Green Acres Sprinkler Company in the amount of$69,780. Synopsis After Phase II of the Round Lake Park Renovation is complete, all of the irrigation on the ballfields and surrounding area will be updated. This update will allow us to install a much more efficient irrigation system and connect it to our Baseline control system that was installed as part of Phase I of the Round Lake Park Renovation. Background The current irrigation system at Round Lake ballfields is over 20 years old and will be abandoned during the renovation of those fields. The new system will be installed with much more efficient heads and will be connected to our existing control system that monitors soil moisture to better gauge the need for supplemental water. Quote Summary The summary of the quotes submitted is as follows: Green Acres Sprinkler Co. $69,780 Arteka Companies $77,100 Attachments Contract Exhibit A Standard Agreement for Contract Services This Agreement ("Agreement") is made on the 3rd day of May, 2016, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Green Acres Sprinkler Co., a Minnesota business corporation (hereinafter "Contractor") whose business address is 6518 Cambridge St, St. Louis Park, MN 55426. Preliminary Statement The City has adopted a policy regarding the selection and hiring of contractors to provide a variety of services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of services by Contractor for the installation of irrigation system at Round Lake Park ballfields hereinafter referred to as the "Work". The City and Contractor agree as follows: 1. Scope of Work. The Contractor agrees to provide, perform and complete all the provisions of the Work in accordance with attached Exhibit A. The terms of this Agreement shall take precedence over any provisions of the Contractor's proposal and/or general conditions. 2. Effective Date and Term of Agreement. This Agreement shall become effective as of May 3, 2016. The Work shall be completed by September 16, 2016. 3. Obligations of Contractor. Contractor shall conform to the following obligations: a. Contractor shall provide the materials and services as set forth in Exhibit A. b. Contractor and its employees will park in service areas or lots and use entries and exits as designated by City. c. Care, coordination and communication by Contractor is imperative so that guests and employees in the park are not disturbed or inconvenienced during the performance of the contracted services. d. Contractor's personnel must be neat appearing, wear a uniform and badge that clearly identifies them as a service contractor, and abide by City's no smoking policies. e. Contractor must honor the City's request to reassign an employee for cause. Cause may include performance below acceptable standards or failure to present the necessary image or attitude, in the judgment of the owner, to present a first class operation. f. Contractor should coordinate schedule of work and completion dates with the City and the General Contractor of the Round Lake Phase II project. 4. City's Obligations. City will do or provide to Contractor the following: a. Provide access to City properties as appropriate. b. Provide restroom facilities as appropriate. 5. Compensation for Services. City agrees to pay the Contractor a fixed sum of $69,780.00 as full and complete payment for the labor, materials and services rendered pursuant to this Agreement and as described in Exhibit A. a. Any changes in the scope of the work which may result in an increase to the compensation due the 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. 6. Method of Payment. a. Contractor shall prepare and submit to City, on a monthly basis, itemized invoices setting forth work performed under this Contract. Invoices submitted shall be paid in the same manner as other claims made to the City. 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. No fuel surcharges or surcharges of any kind will be accepted nor will they be paid. 7. Project Manager. The Contractor has designated Rob Cooper to Manage the Work. They shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Contractor may not remove or replace the designated manager without the approval of the City. 8. 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. 9. 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 Standard Agreement for Contract Services 2014.01 Page 2 of 9 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. 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 Agreement. j. Contractor agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City's written acceptance of the Work. Standard Agreement for Contract Services 2014.01 Page 3 of 9 k. It shall be Contractor's responsibility to pay any retention or deductible for the coveraeges required herein. I. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days' prior notice to the City, except that if the cancellation or non- renewal is due to non-payment, the coverages may not be terminated or non- renewed without ten (10) days' prior notice to the City. m. Contractor shall maintain in effect all insurance coverages required under this Paragraph at Contractor's sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. n. A copy of the Contractor's Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Contractor's Work. Upon request a copy of the Contractor's insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Contractor has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Contractor of any deficiencies in such documents and receipt thereof shall not relieve Contractor from, nor be deemed a waiver of, City's right to enforce the terms of Contractor's obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. 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 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. Standard Agreement for Contract Services 2014.01 Page 4 of 9 Contractor will take the action required by the City within fifteen (15) days of receiving notice from the City. 10. 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 Agreement 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 Agreement. 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. 11. Termination. a. This Agreement may be terminated at any time by either party for breach or non- performance of any provision of this Agreement in accordance with the following. The party ("notifying party") who desires to terminate this Agreement for breach or non-performance of the other party ("notified party") shall give the notified party notice in writing of the notifying party's desire to terminate this Agreement describing the breach or non-performance of this Agreement entitling it to do so. The notified party shall have five (5) days from the date of such notice to cure the breach or non- performance. Upon failure of the notified party to do so, this Agreement shall automatically terminate. b. Upon the termination of this Agreement, whether by expiration of the original or any extended term or terms hereof, or for any other reason, Contractor shall have the right, within a reasonable time after such termination to remove from City's premises any and all of Contractor's equipment and other property. Except for liability resulting from acts or omissions of a party, arising, taken or omitted prior to such termination, the rights and obligations of each party resulting from this Agreement shall cease upon such termination. Any prior liability of a party shall survive termination of this Agreement. c. In the event of dissolution, termination of existence, insolvency, appointment of a receiver, assignment for the benefit of creditors, or the commencement of any proceeding under any bankruptcy or insolvency law, or the service of any warrant, attachment, levy or similar process involving Contractor, City may, at its option in addition to any other remedy to which City may be entitled, immediately terminate this Agreement by notice to Contractor, in which event, this Agreement shall terminate on the notice becoming effective. 12. 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: Rob Cooper Green Acres Sprinkler Co. 6518 Cambridge Street St Louis Park, MN 55426 Standard Agreement for Contract Services 2014.01 Page 5 of 9 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: Matt Bourne City of Eden Prairie 15150 Technology Dr Eden Prairie, MN 55344 Notices shall be deemed effective on the date of receipt. Any party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 13. 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 Agreement, 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. 14. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 15. Audit Disclosure and Data Practices. Any reports, information, data, etc. given to, or prepared or assembled by the Contractor under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. The books, records, documents and accounting procedures and practices of the Contractor or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement. This Agreement is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Contractor in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the Data Practice Act and Contractor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Contractor in relation to this Agreement shall contain similar Data Practices Act compliance language. 16. Non-Discrimination. During the performance of this Agreement, 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 Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. Standard Agreement for Contract Services 2014.01 Page 6 of 9 17. Conflicts. No salaried officer or employee of the City and no member of the Council, or Commission, or Board of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the agreement void. 18. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to termination of this Agreement and for one (1) year thereafter, without prior written consent of the former employer in each case. 19. Rights and Remedies. The duties and obligations imposed by this Agreement 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. 20. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 21. 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 Agreement or thereafter of any of the rights or remedies of the City under this Agreement. 22. 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. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Contract. 25. 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 Agreement, 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. 26. Entire Agreement. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between Standard Agreement for Contract Services 2014.01 Page 7 of 9 the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 27. Compliance with Laws and Regulations. In providing services hereunder, the Contractor shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager CONTRACTOR By: Its: Standard Agreement for Contract Services 2014.01 Page 8 of 9 Exhibit A 1. Irrigation Plan 2. Green Acres Sprinkler Company proposal Standard Agreement for Contract Services 2014.01 Page 9 of 9 a o 0 0 f f s •' ° o s 0 0 Ne • o o o e e111111111 . eI 0 /I, H° Ili o v \ a o o u i \•...‘ 0 0 o r It(0/") 4 D r,f___, _ 7- 0\,5V I - 1 e one entente as a MI _ '1 :i 'i=l('if tl ii"'+�_.11q�-af'tee"' a dui; 'Li 14 t [ { f s iir x i tr f Round Lake Park p t ,1 r)xj rrirri § i ij 9r.v)Z I I 1 1,:;I.,� !I I'11 1' icf • r'1+1 �.;Ii ! ';' Lawn Irrigation Pr "osall A69O32 I '; i Ili BALL FIELDS �� Prepared on 2/25/2016 for: ACRES Round Lake Park SPRINKLlu CO Eden Prairie, MN I have prepared this proposal utilizing the most efficient technology available today. Green Acres Sprinkler Company strives to be innovative in all aspects of business. Our equipment for installing your automatic lawn sprinkler system is the best available, After 40 years in the business,we feel our installation techniques and quality of workmanship cannot be surpassed by anyone in the industry. Included with this installation are these exceptional services and features: •EFFICIENT and QUICK-- Usually a FIFTEEN DAY installation for systems like yours ! • "As Built" professional drawing of the system, done to scale, will show where all heads, valves,pipes, and wires have been installed and how the system is zoned. • UTILITY LOCATES will be arranged by Green Acres. The property owner must inform Green Acres of any private utilities(ie. gas grills, lighting, invisible fences, drain tile, etc.). ▪ PLUMBING will be done by a licensed plumber in compliance with local plumbing codes. Water will be plumbed from near the water meter to the outside. • BACKFLOW PROTECTION will be brass,heavy duty,and installed by the plumber. • BORING and SLEEVING under sidewalks and drives will be provided by the company. • VALVE BOXES will house all automatic control valves for protection and service access. • WIRE will be 2 WIRE 14 gauge copper irrigation wire with weatherproof connections. • CLEANUP will be thorough and timely so your yard can look its best. • WARRANTY for ONE year on ALL materials and workmanship. •FREE Winterization for the first year. • CEMENT PAD BY OTHER. NOT INCLUDED. •ELECTRICAL WIRING TO PUMP BY ELECTRICIAN. • INCLUDES 2 WIRE FROM WARMING HOUSE TO ENCLOSURE. The sprinkler system installed at the above address will include the following components: 1 Berkly B74463 5HP Pump 1 Pentek 208-230v 3Ph VFD 2 Baseline Lightning Arrestor 1 2 1/2" Wilkins RPZ 1 Baseline Remote Control 15 Baseline BL5201 Decoder 1 Baseline Water Meter I Enclosure 1 Baseline Soil Moister Sensor 1 Irrotrol Wireless Rain Sensor 3 3 Inch Manual Gate Valve 15 Rainbird PGA Series Valve 21 Hunter I-25 Stainless Steel HS 87 Hunter I-25 Stainless Steel IRRigATIgN SpArsitlirkWykyVER IORTy y[AR5 6 518 CAINbRidgE STREET Si. Louis Pak, MN 55426 (952) 929-1232 W WW.CIREENACRESSI)RI N ER.CUM 2000 1 112" PVC Pipe Installed 1800 2" PVC Pipe Installed 1300 2 1/2" PVC Pipe 600 3" PVC Pipe 600 3" PVC Pipe cno 4" nvr u;,P Your complete cost: $69,780.00. I thank you for the opportunity of presenting this proposal and look forward to hearing from you soon. If you have any questions,please contact me,Rob Cooper,at 952-929-1232. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar May 3, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.K. Bill Olmschenk, Award Bid for Willow Park Tennis Court Parks Construction Supervisor, Tiles to DERMCO-LaVINE Construction Parks and Recreation Motion Move to: Award contract for the Tennis Court Tiles at Willow Park at 7402 Butterscotch Road to DERMCO-LaVINE Construction in the amount of$34,750. Synopsis Willow Park Tennis/Basketball Courts have many structural cracks in the existing asphalt as it sits next to a wetland. We have received many complaints from court users of the existing conditions and potential for injury. We have crack filled and resurfaced these courts numerous times with the same cracks showing up in the next year or two. Without total pavement reconstruction of this location, which would cost approximately$90,000, Snapsports courts surfacing would give the users a new court surface in a couple weeks' time. It has a 16 year warranty versus the 10 year Mateflex court system. The City received 2 quotes factory trained and approved Snapsports courts installation contractors. Background The scope of this project is to mill raised cracks flush with the surrounding surface, clean and wash surface as required, fill all cracks to support the tile system. Install Snapsports tile system over the entire surface. The courts will be lined for 1 USTA tennis court 1 Basketball court. The funding for this rehabilitation project comes from our general Park Maintenance Fund under the Parks and Recreation Department. Bid Summary and Recommendation The summary of the bids submitted is as follows: DERMCO-LaVINE Construction $34,750 Snapsports Athletics Surfaces $37,863 Attachments Contract Exhibit A Standard Agreement for Contract Services This Agreement ("Agreement") is made on the 3rd day of May, 2016, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and DERMCO-LaVINE Construction, a Minnesota company (hereinafter "Contractor") whose business address is 3417 48th Avenue North, Minneapolis, MN 55429. 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 Agreement is to set forth the terms and conditions for the provision of services by Contractor for Pioneer Park Tennis Court Resurfacing hereinafter referred to as the "Work". The City and Contractor agree as follows: 1. Scope of Work. The Contractor agrees to provide, perform and complete all the provisions of the Work in accordance with attached Exhibit A. The terms of this Agreement shall take precedence over any provisions of the Contractor's proposal and/or general conditions. 2. Effective Date and Term of Agreement. This Agreement shall become effective as of May 3rd 2016. The work shall be completed by August 15, 2016. 3. Obligations of Contractor. Contractor shall conform to the following obligations: a. Contractor shall provide the materials and services as set forth in Exhibit A. b. Contractor and its employees will park in service areas or lots and use entries and exits as designated by City. c. Care, coordination and communication by Contractor is imperative so that guests and employees in the park are not disturbed or inconvenienced during the performance of the contracted services. d. Contractor's personnel must be neat appearing, wear a uniform and badge that clearly identifies them as a service contractor, and abide by City's no smoking policies. e. Contractor must honor the City's request to reassign an employee for cause. Cause may include performance below acceptable standards or failure to present the necessary image or attitude, in the judgment of the owner, to present a first class operation. f. When necessary, Contractor's personnel will be provided with keys or access cards in order to perform their work. Any lost keys or cards that result in rekeying a space or other cost to the City will be billed back to the Contractor. 4. City's Obligations. City will do or provide to Contractor the following: a. Provide access to City properties as appropriate. b. Provide restroom facilities as appropriate. 5. Compensation for Services. City agrees to pay the Contractor a fixed sum of $34,750.00 as full and complete payment for the labor, materials and services rendered pursuant to this Agreement and as described in Exhibit A. a. Any changes in the scope of the work which may result in an increase to the compensation due the 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. 6. Method of Payment. a. Contractor shall prepare and submit to City, on a monthly basis, itemized invoices setting forth work performed under this Contract. Invoices submitted shall be paid in the same manner as other claims made to the City. 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. No fuel surcharges or surcharges of any kind will be accepted nor will they be paid. 7. Project Manager. The Contractor has designated John Charles to Manage the Work. They shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Contractor may not remove or replace the designated manager without the approval of the City. 8. 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. 9. 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 Standard Agreement for Contract Services 2014.01 Page 2 of 9 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. 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 Agreement. j. Contractor agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City's written acceptance of the Work. Standard Agreement for Contract Services 2014.01 Page 3 of 9 k. It shall be Contractor's responsibility to pay any retention or deductible for the coveraeges required herein. I. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days' prior notice to the City, except that if the cancellation or non- renewal is due to non-payment, the coverages may not be terminated or non- renewed without ten (10) days' prior notice to the City. m. Contractor shall maintain in effect all insurance coverages required under this Paragraph at Contractor's sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. n. A copy of the Contractor's Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Contractor's Work. Upon request a copy of the Contractor's insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Contractor has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Contractor of any deficiencies in such documents and receipt thereof shall not relieve Contractor from, nor be deemed a waiver of, City's right to enforce the terms of Contractor's obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. 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 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. Standard Agreement for Contract Services 2014.01 Page 4 of 9 Contractor will take the action required by the City within fifteen (15) days of receiving notice from the City. 10. 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 Agreement 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 Agreement. 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. 11. Termination. a. This Agreement may be terminated at any time by either party for breach or non- performance of any provision of this Agreement in accordance with the following. The party ("notifying party") who desires to terminate this Agreement for breach or non-performance of the other party ("notified party") shall give the notified party notice in writing of the notifying party's desire to terminate this Agreement describing the breach or non-performance of this Agreement entitling it to do so. The notified party shall have five (5) days from the date of such notice to cure the breach or non- performance. Upon failure of the notified party to do so, this Agreement shall automatically terminate. b. Upon the termination of this Agreement, whether by expiration of the original or any extended term or terms hereof, or for any other reason, Contractor shall have the right, within a reasonable time after such termination to remove from City's premises any and all of Contractor's equipment and other property. Except for liability resulting from acts or omissions of a party, arising, taken or omitted prior to such termination, the rights and obligations of each party resulting from this Agreement shall cease upon such termination. Any prior liability of a party shall survive termination of this Agreement. c. In the event of dissolution, termination of existence, insolvency, appointment of a receiver, assignment for the benefit of creditors, or the commencement of any proceeding under any bankruptcy or insolvency law, or the service of any warrant, attachment, levy or similar process involving Contractor, City may, at its option in addition to any other remedy to which City may be entitled, immediately terminate this Agreement by notice to Contractor, in which event, this Agreement shall terminate on the notice becoming effective. 12. 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: John Charles DERMCO-LaVINE Construction 3417 48th Avenue North Minneapolis, MN 55429 Standard Agreement for Contract Services 2014.01 Page 5 of 9 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: Bill Olmschenk City of Eden Prairie 15150 Technology Drive Eden Prairie, MN 55344 Notices shall be deemed effective on the date of receipt. Any party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 13. 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 Agreement, 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. 14. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 15. Audit Disclosure and Data Practices. Any reports, information, data, etc. given to, or prepared or assembled by the Contractor under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. The books, records, documents and accounting procedures and practices of the Contractor or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement. This Agreement is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Contractor in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the Data Practice Act and Contractor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Contractor in relation to this Agreement shall contain similar Data Practices Act compliance language. 16. Non-Discrimination. During the performance of this Agreement, 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 Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. Standard Agreement for Contract Services 2014.01 Page 6 of 9 17. Conflicts. No salaried officer or employee of the City and no member of the Council, or Commission, or Board of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the agreement void. 18. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to termination of this Agreement and for one (1) year thereafter, without prior written consent of the former employer in each case. 19. Rights and Remedies. The duties and obligations imposed by this Agreement 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. 20. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 21. 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 Agreement or thereafter of any of the rights or remedies of the City under this Agreement. 22. 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. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Contract. 25. 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 Agreement, 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. 26. Entire Agreement. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between Standard Agreement for Contract Services 2014.01 Page 7 of 9 the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 27. Compliance with Laws and Regulations. In providing services hereunder, the Contractor shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager CONTRACTOR By: Its: Standard Agreement for Contract Services 2014.01 Page 8 of 9 Exhibit A DERMCO-LaVINE Construction Proposal —Willow Park Standard Agreement for Contract Services 2014.01 Page 9 of 9 4. D E RM CO- LaVI N E ter,, CONSTRUCTION . _ Recreational & Outdoor Services ssFi,. 3417 48th Avenue North • Minneapolis, MN 55429 C. • Office: (763) 535-8250 • Fax: (763) 535-8335 www.dermco-lavine.com Bill Olmschenk Job: Snapsports or Mateflex Tile System 15150 Technology Drive Location: Willow Park - Eden Prairie Eden Prairie, MN 55344 7402 Butterscotch Road 952.949.8536 Date: 3/18/2016 bolmschenk@edenprairie.org Bill, We are pleased to submit a quote for tiling the tennis court at Willow Park. Work to consist of the following: ➢ Clean surface as required ➢ Fill all structural cracks to support the tile system ➢ Patch all possible low areas ➢ Rework Net poles and center tie down ➢ Provide and install Snapsports or Mateflex tile system over entire surface. Tile color: To Be Determined ➢ 2" white tennis lines to be painted on. Basketball lines to be painted on, color to be determined ➢ Provide and install new tennis net and center strap ➢ Clean up site Total: $34,750.00 Notes: ➢ Any water required to accomplish job, is to be supplied by customer. ➢ A Material Deposit is Required before work can begin on the project. ➢ The SnapSport tile system comes with a 16 year warranty, and is maintenance free. ➢ Aging asphalt, improper base material and/or compaction, moisture, temperature fluctuations, vegetation and tree debris all have the ability to cause structural cracks and discoloration/imperfections to form and appear on all asphalt surfaces. After repairing cracks/resurfacing, these cracks and other imperfections can and will return due to the aforementioned reasons. ➢ If excessive delaminating/peeling occurs during the resurfacing process, an additional charge of $45 per man-hour will be added to address the peeling surface. (Not to exceed $1,400 per court) DERMCO-LaVINE, the Midwest's Recreational Expert for Four Generations Thank you Prepared by: Philip Thompson Accepted by: Date: If this bid is accepted, please sign and return the copy to us within 15 days. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar May 3, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.L. Matt Bourne, Parks and Professional Services Agreement with HTPO Natural Resources Manager, for 2016 New Trail Construction Projects Parks and Recreation Motion Move to: Approve the Standard Agreement for Professional Services with HTPO for engineering and design services for new trails to be constructed in 2016 at a cost not to exceed $73,000. Synopsis Laurie Johnson of Hansen, Thorp, Pellinen and Olson Inc. has provided two Scope of Services proposals that address the City's request for engineering and design services related to trail projects that are schedule to be constructed in 2016. Their proposal for the projects include; survey work, soil borings, preliminary design, construction documents, cost estimates and administration work with a not to exceed cost of$39,000 for the Valley View Trail at Washington Avenue and $34,000 for the Valley View Trail at CR 101. Recommendation The proposal from HTPO is in line with our estimate and staff recommends approval of this contract. Attachment Professional Services Agreement Exhibit A Standard Agreement for Professional Services This Agreement ("Agreement") is made on the 3rd day of May, 2016 between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Hansen, Thorp, Pellinen, Olson, Inc., a Minnesota Cooperation (hereinafter "Consultant") whose business address is 7510 Market Place Drive, Eden Prairie, MN 55344. Preliminary Statement The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of professional services by Consultant for engineering and design work related to 2016 new trail construction projects hereinafter referred to as the "Work". The City and Consultant agree as follows: 1. Scope of Work. The Consultant agrees to provide the professional services shown in Exhibit A in connection with the Work. The terms of this Agreement shall take precedence over any provisions of the Consultants proposal and/or general conditions. If the Consultants proposal is attached as the Exhibit A Scope of Work, City reserves the right to reject any general conditions in such proposal. 2. Term. The term of this Agreement shall be from May 3, 2016 through the acceptance of bid the date of signature by the parties notwithstanding. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated. 3. Compensation for Services. City agrees to pay the Consultant on an hourly basis plus expenses in a total amount not to exceed $73,000.00 for the services as described in Exhibit A. A. Any changes in the scope of the work which may result in an increase to the compensation due the Consultant shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. B. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City. C. If Consultant is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. 4. City Information. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services: A. Access to the Area. Depending on the nature of the Work, Consultant may from time to time require access to public and private lands or property. As may be necessary, the City shall obtain access to and make all provisions for the Consultant to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work. B. Consideration of the Consultant's Work. The City shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Consultant, and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the Consultant. C. Standards. The City shall furnish the Consultant with a copy of any standard or criteria, including but not limited to, design and construction standards that may be required in the preparation of the Work for the Project. D. City's Representative. A person shall be appointed to act as the City's representative with respect to the work to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the services provided or materials, equipment, elements and systems pertinent to the work covered by this Agreement. 5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an itemized invoice for professional services performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City for: A. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall indicate for each employee, his or her name, job title, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Consultant shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Consultant shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City's project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract. B. Suspended Work. If any work performed by the Consultant is suspended in whole or in part by the City, the Consultant shall be paid for any services set forth on Exhibit A performed prior to receipt of written notice from the City of such suspension. C. Payments for Special Consultants. The Consultant shall be reimbursed for the work of special consultants, as described herein, and for other items when authorized in writing by the City. Standard Agreement for Professional Services 2014.04 Page 2 of 9 D. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." 6. Project Manager and Staffing. The Consultant has designated Laurie Johnson to serve on the Project. They shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Consultant may not remove or replace the designated staff from the Project without the approval of the City. 7. Standard of Care. Consultant shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Consultant shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Consultant's breach of this standard of care. Consultant shall put forth reasonable efforts to complete its duties in a timely manner. Consultant shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Consultant shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 8. Audit Disclosure and Data Practices. Any reports, information, data, etc. given to, or prepared or assembled by the Consultant under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. The books, records, documents and accounting procedures and practices of the Consultant or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement. This Agreement is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Consultant in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the Data Practice Act and Consultant shall comply with those requirements as if it were a government entity. All subcontracts entered into by Consultant in relation to this Agreement shall contain similar Data Practices Act compliance language. 9. Termination. This Agreement may be terminated by either party by seven (7) days written notice delivered to the other party at the address written above. Upon termination under this provision, if there is no fault of the Consultant, the Consultant shall be paid for services rendered and reimbursable expenses until the effective date of termination. If however, the City terminates the Agreement because the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant, and the City may retain another consultant to undertake or complete the Work identified herein. 10. Subcontractor. The Consultant shall not enter into subcontracts for services provided under this Agreement except as noted in the Scope of Work, without the express written consent of the City. The Consultant shall pay any subcontractor involved in the Standard Agreement for Professional Services 2014.04 Page 3 of 9 performance of this Agreement within ten (10) days of the Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. If the Consultant fails within that time to pay the subcontractor any undisputed amount for which the Consultant has received payment by the City, the Consultant shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Consultant shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Consultant shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 11. Independent Consultant. Consultant is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Agreement, who shall be employees, and under the direction, of Consultant and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Consultant an employee of the City. 12. Insurance. a. General Liability. Prior to starting the Work, Consultant shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Consultant or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. b. Consultant shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker's Compensation Statutory Limits Employer's Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General Liability $1,500,000 property damage and bodily injury per occurrence $2,000,000 general aggregate $2,000,000 Products — Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 Standard Agreement for Professional Services 2014.04 Page 4 of 9 c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. d. Professional Liability Insurance. In addition to the coverages listed above, Consultant shall maintain a professional liability insurance policy in the amount of $2,000,000. Said policy need not name the City as an additional insured. It shall be Consultant's responsibility to pay any retention or deductible for the professional liability insurance. Consultant agrees to maintain the professional liability insurance for a minimum of two (2) years following termination of this Agreement. e. Consultant shall maintain "stop gap" coverage if Consultant obtains Workers' Compensation coverage from any state fund if Employer's liability coverage is not available. f. All policies, except the Worker's Compensation Policy, Automobile Policy, and Professional Liability Policy, shall name the "City of Eden Prairie" as an additional insured on ISO forms CG 20 10 07 04 or CG 20 10 04 13; and CG 20 37 07 04 or CG 20 37 04 13, or their equivalent. g. All policies, except the Professional Liability Policy, shall apply on a "per project" basis. h. All polices shall contain a waiver of subrogation in favor of the City. i. All policies, except for the Worker's Compensation Policy and the Professional Liability Policy, shall be primary and non-contributory. j. All polices, except the Worker's Compensation Policy, shall insure the defense and indemnity obligations assumed by Consultant under this Agreement. k. Consultant agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City's written acceptance of the Work. I. It shall be Consultant's responsibility to pay any retention or deductible for the coveraeges required herein. m. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days' prior notice to the City, except that if the cancellation or non- renewal is due to non-payment, the coverages may not be terminated or non- renewed without ten (10) days' prior notice to the City. Standard Agreement for Professional Services 2014.04 Page 5 of 9 n. Consultant shall maintain in effect all insurance coverages required under this Paragraph at Consultant's sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. o. A copy of the Consultant's Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Consultant's Work. Upon request a copy of the Consultant's insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Consultant has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Consultant of any deficiencies in such documents and receipt thereof shall not relieve Consultant from, nor be deemed a waiver of, City's right to enforce the terms of Consultant's obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. p. Effect of Consultant's Failure to Provide Insurance. If Consultant fails to provide the specified insurance, then Consultant will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that this indemnity shall be construed and applied in favor of indemnification. Consultant also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Consultant to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Consultant's insurance company. Consultant will take the action required by the City within fifteen (15) days of receiving notice from the City. 13. Indemnification. Consultant will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney's fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Consultant, its agents, contractors and employees, or any negligent or intentional act or Standard Agreement for Professional Services 2014.04 Page 6 of 9 omission performed, taken or not performed or taken by Consultant, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Consultant harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 14. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement ("Information") shall become the property of the City, but Consultant may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Consultant also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Agreement ("Project") does not relieve any liability on the part of the Consultant, but any use of the Information by the City or the Consultant beyond the scope of the Project is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 15. Non-Discrimination. During the performance of this Agreement, the Consultant shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Consultant shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Consultant shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Consultant further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 16. Compliance with Laws and Regulations. In providing services hereunder, the Consultant shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 17. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. 18. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. Standard Agreement for Professional Services 2014.04 Page 7 of 9 19. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City. 20. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 21. Entire Agreement. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 22. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. 25. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager Hansen, Thorp, Pellinen, Olson, Inc. By: Its: Standard Agreement for Professional Services 2014.04 Page 8 of 9 EXHIBIT A SCOPE OF SERVICES —Valley View Trail at Washington Avenue SCOPE OF SERVICES —Valley View Trail at 101 Standard Agreement for Professional Services 2014.04 Page 9 of 9 Engineering Surveying 17) Landscape Architecture April 8, 2016 Mr. Matt Bourne City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Re: Valley View Road Trail at Washington Avenue Dear Matt, HTPO is pleased to provide this proposal for civil engineering and surveying services for the design of approximately 1600 linear feet of trail from 9977 Valley View Road to Washington Avenue. SCOPE OF SERVICES We propose to provide the following services: 1. Existing Conditions Survey Includes field topography of the corridor, utility locates, location of significant trees, boundary computations, location of wetland delineation flags, and staking soil boring locations. 2. Wetland Delineation Wetland delineation by Kjolhaug Environmental Services. 3. Soil Borings Soil borings by Braun Intertec include two 15' borings for retaining walls, if required. 4. Preliminary Design Includes preliminary design for determination of wetland impacts, easement needs, retaining wall locations,and utility conflicts. 5. Construction Documents Includes wetland impact and mitigation plan, preparation of grading and erosion control plan, Stormwater Pollution Prevention Plan (SWPPP), specifications, drainage computations for storm sewer extension at low area, engineers estimate, permit applications to Watershed District and MPCA, and assistance with wetland fill/mitigation permitting. 7510 Market Place Drive 6. Easement Documents Eden Prairie, MN 55344 Includes preparation of legal descriptions and plan exhibits for 952 829 0700 up to three properties, and staking easement locations, if 952-829-7806 fax required. www.htpo,com HANSEN THORP PELLINEN! OLSON, INC. Bourne/Johnson April 8, 2016 Page 2 7. Easement Acquisition Assistance. Includes up to six hours for assistance in communications with the property owners regarding easement acquisition. 8. Bid Administration Includes posting bid advertisement on Quest CDN, answering bidder questions, attendance at bid opening, and preparation of bid tabulation. ASSUMPTIONS • Wetland mitigation will be within the trail corridor. • A boulevard will be maintained between the curb and trail so that stormwater management will not be required. • Retaining walls will be design-build. SCHEDULE We assume that this work will be completed in 2016. COMPENSATION Compensation for those items described in the Scope of Services above are estimated as follows: Services Estimated Fee 1. Existing Conditions Survey $ 7,500 2. Wetland Delineation $ 2,000 3. Soil Borings $ 3,500 4. Preliminary Design $ 4,000 5. Construction Documents $ 15,000 6. Easement Documents $ 3,000 7. Easement Acquisition Assistance $ 1,000 8. Bid Administration $ 1,500 Subtotal $37,500 Estimated Reimbursable Expenses $ 1,500 Total $39,000 PAYMENT: Invoices will be submitted based on actual hours worked using a 2.4 multiplier times direct personal expense, and reimbursable expenses incurred (printing, courier, and other out-of-house documents and fees). We will keep you informed of our work progress and the above fee estimate will not be exceeded without prior approval from your office. We invoice our services monthly payable within 30 days. Bourne/Johnson April 8, 2016 Page 3 Thank you for this opportunity to provide our services. Sincerely, HANSEN THORP PELLINEN OLSON, INC. Laurie A.Johnson, P.E. President Engineering Surveying 6 Landscape Architecture 0 April 8, 2016 Mr. Matt Bourne City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Re: Valley View Road Trail at 101 Dear Matt, HTPO is pleased to provide this proposal for civil engineering and surveying services for the design of approximately 1100 linear feet of trail and 1100 feet of sidewalk from County Road 101 to Tartan Curve. SCOPE OF SERVICES We propose to provide the following services: 1. Existing Conditions Survey Includes field topography of the corridor, utility locates, location of significant trees, boundary computations, and staking soil boring locations. 2. Soil Borings Soil boring by Braun Intertec includes one 15' boring for retaining wall, if required. 3. Preliminary Design Includes preliminary design for determination of easement needs, retaining wall locations, and utility conflicts. 4. Construction Documents Includes preparation of grading and erosion control plan, Stormwater Pollution Prevention Plan (SWPPP), specifications, engineer's estimate, permit applications to Watershed District and MPCA, and assistance with State and County coordination/permitting at Co. Rd. 101. 5. Easement Documents. Includes preparation of legal descriptions and plan exhibits for 7510 Market Place Drive up to two properties, and staking easement locations, if required. Eden Prairie, MN 55344 952-829-0700 952-829-7806 fax www.htpo.com Bourne/Johnson April 8, 2016 Page 2 6. Easement Acquisition Assistance. Includes up to six hours for assistance in communications with the property owners regarding easement acquisition. 7. Bid Administration Includes posting bid advertisement on Quest CDN, answering bidder questions, attendance at bid opening, and preparation of bid tabulation. ASSUMPTIONS • A boulevard will be maintained between the curb and trail/sidewalk so that stormwater management will not be required. • Retaining walls will be design-build. SCHEDULE We assume that this work will be completed in 2016. COMPENSATION Compensation for those items described in the Scope of Services above are estimated as follows: Services Estimated Fee 1. Existing Conditions Survey $ 6,800 2. Soil Boring $ 3,000 3. Preliminary Design $ 3,500 4. Construction Documents $ 14,700 5. Easement Documents $ 2,000 6. Easement Acquisition Assistance $ 1,000 7. Bid Administration $ 1,500 Subtotal $32,500 Estimated Reimbursable Expenses $ 1,500 Total $34,000 PAYMENT: Invoices will be submitted based on actual hours worked using a 2.4 multiplier times direct personal expense, and reimbursable expenses incurred (printing, courier, and other out-of-house documents and fees). We will keep you informed of our work progress and the above fee estimate will not be exceeded without prior approval from your office. We invoice our services monthly payable within 30 days. Bourne/Johnson April 8, 2016 Page 3 Thank you for this opportunity to provide our services. Sincerely, HANSEN THORP PELLINEN OLSON, INC. Laurie A.Johnson, P.E. President Engineering Surveying 17) Landscape Architecture April 8, 2016 Mr. Matt Bourne City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Re: Valley View Road Trail at Washington Avenue Dear Matt, HTPO is pleased to provide this proposal for civil engineering and surveying services for the design of approximately 1600 linear feet of trail from 9977 Valley View Road to Washington Avenue. SCOPE OF SERVICES We propose to provide the following services: 1. Existing Conditions Survey Includes field topography of the corridor, utility locates, location of significant trees, boundary computations, location of wetland delineation flags, and staking soil boring locations. 2. Wetland Delineation Wetland delineation by Kjolhaug Environmental Services. 3. Soil Borings Soil borings by Braun Intertec include two 15' borings for retaining walls, if required. 4. Preliminary Design Includes preliminary design for determination of wetland impacts, easement needs, retaining wall locations,and utility conflicts. 5. Construction Documents Includes wetland impact and mitigation plan, preparation of grading and erosion control plan, Stormwater Pollution Prevention Plan (SWPPP), specifications, drainage computations for storm sewer extension at low area, engineers estimate, permit applications to Watershed District and MPCA, and assistance with wetland fill/mitigation permitting. 7510 Market Place Drive 6. Easement Documents Eden Prairie, MN 55344 Includes preparation of legal descriptions and plan exhibits for 952 829 0700 up to three properties, and staking easement locations, if 952-829-7806 fax required. www.htpo,com HANSEN THORP PELLINEN! OLSON, INC. Bourne/Johnson April 8, 2016 Page 2 7. Easement Acquisition Assistance. Includes up to six hours for assistance in communications with the property owners regarding easement acquisition. 8. Bid Administration Includes posting bid advertisement on Quest CDN, answering bidder questions, attendance at bid opening, and preparation of bid tabulation. ASSUMPTIONS • Wetland mitigation will be within the trail corridor. • A boulevard will be maintained between the curb and trail so that stormwater management will not be required. • Retaining walls will be design-build. SCHEDULE We assume that this work will be completed in 2016. COMPENSATION Compensation for those items described in the Scope of Services above are estimated as follows: Services Estimated Fee 1. Existing Conditions Survey $ 7,500 2. Wetland Delineation $ 2,000 3. Soil Borings $ 3,500 4. Preliminary Design $ 4,000 5. Construction Documents $ 15,000 6. Easement Documents $ 3,000 7. Easement Acquisition Assistance $ 1,000 8. Bid Administration $ 1,500 Subtotal $37,500 Estimated Reimbursable Expenses $ 1,500 Total $39,000 PAYMENT: Invoices will be submitted based on actual hours worked using a 2.4 multiplier times direct personal expense, and reimbursable expenses incurred (printing, courier, and other out-of-house documents and fees). We will keep you informed of our work progress and the above fee estimate will not be exceeded without prior approval from your office. We invoice our services monthly payable within 30 days. Bourne/Johnson April 8, 2016 Page 3 Thank you for this opportunity to provide our services. Sincerely, HANSEN THORP PELLINEN OLSON, INC. Laurie A.Johnson, P.E. President Engineering Surveying 6 Landscape Architecture 0 April 8, 2016 Mr. Matt Bourne City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Re: Valley View Road Trail at 101 Dear Matt, HTPO is pleased to provide this proposal for civil engineering and surveying services for the design of approximately 1100 linear feet of trail and 1100 feet of sidewalk from County Road 101 to Tartan Curve. SCOPE OF SERVICES We propose to provide the following services: 1. Existing Conditions Survey Includes field topography of the corridor, utility locates, location of significant trees, boundary computations, and staking soil boring locations. 2. Soil Borings Soil boring by Braun Intertec includes one 15' boring for retaining wall, if required. 3. Preliminary Design Includes preliminary design for determination of easement needs, retaining wall locations, and utility conflicts. 4. Construction Documents Includes preparation of grading and erosion control plan, Stormwater Pollution Prevention Plan (SWPPP), specifications, engineer's estimate, permit applications to Watershed District and MPCA, and assistance with State and County coordination/permitting at Co. Rd. 101. 5. Easement Documents. Includes preparation of legal descriptions and plan exhibits for 7510 Market Place Drive up to two properties, and staking easement locations, if required. Eden Prairie, MN 55344 952-829-0700 952-829-7806 fax www.htpo.com Bourne/Johnson April 8, 2016 Page 2 6. Easement Acquisition Assistance. Includes up to six hours for assistance in communications with the property owners regarding easement acquisition. 7. Bid Administration Includes posting bid advertisement on Quest CDN, answering bidder questions, attendance at bid opening, and preparation of bid tabulation. ASSUMPTIONS • A boulevard will be maintained between the curb and trail/sidewalk so that stormwater management will not be required. • Retaining walls will be design-build. SCHEDULE We assume that this work will be completed in 2016. COMPENSATION Compensation for those items described in the Scope of Services above are estimated as follows: Services Estimated Fee 1. Existing Conditions Survey $ 6,800 2. Soil Boring $ 3,000 3. Preliminary Design $ 3,500 4. Construction Documents $ 14,700 5. Easement Documents $ 2,000 6. Easement Acquisition Assistance $ 1,000 7. Bid Administration $ 1,500 Subtotal $32,500 Estimated Reimbursable Expenses $ 1,500 Total $34,000 PAYMENT: Invoices will be submitted based on actual hours worked using a 2.4 multiplier times direct personal expense, and reimbursable expenses incurred (printing, courier, and other out-of-house documents and fees). We will keep you informed of our work progress and the above fee estimate will not be exceeded without prior approval from your office. We invoice our services monthly payable within 30 days. Bourne/Johnson April 8, 2016 Page 3 Thank you for this opportunity to provide our services. Sincerely, HANSEN THORP PELLINEN OLSON, INC. Laurie A.Johnson, P.E. President CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar May 3, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.M. Matt Bourne, Parks and Reject Bids for Staring Lake Play Area Natural Resources Manager Renovation Requested Action Move to: Reject the bids for the Staring Lake Play Area Renovation. Synopsis The City advertised for bids for the Staring Lake Park play area renovation. Specifications for the work were prepared by our consultant WSB &Associates and bids were opened on April 21st. Due to bidders not fully submitting the required documents to be considered an eligible bidder, staff recommends rejecting all bids and opening the project back up for bid with added language in the Bid Proposal documents to help clear any confusion. Recommendation Staff recommends the bids be rejected and the bid surety be returned to the bidders. CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda May 3, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.N. Jay Lotthammer, Director, 4th of July Fireworks Professional Services Parks and Recreation Agreement—RES Specialty Pyrotechnics Requested Action Move to: Approve Professional Services Agreement RES Specialty Pyrotechnics to provide Fireworks at the 4th of July Hometown Celebration at Round Lake Park at a cost of$25,000. Synopsis The City of Eden Prairie has provided a high quality 4th of July Hometown Celebration for the past 30 years. RES Specialty Pyrotechnics has been a part of that celebration for 13 years. The Parks and Recreation Department would like to contract with RES Specialty Pyrotechnics again in 2016, with a budget of$25,000. Background In January of 2015, Parks and Recreation staff asked for proposals from two fireworks companies, RES Specialty Pyrotechnics and Pyrotechnic display for both 2015 and 2016. After reviewing the proposals closely and meeting with representatives from both companies, we have decided to work with RES Specialty Pyrotechnics again this year. RES has always provided an outstanding fireworks display in Eden Prairie. They also work well with the Parks and Recreation staff and the Fire Department. Over 10,000 people gather around Round Lake Park and the surrounding area on the 4th of July to view and enjoy the spectacular fireworks display shot off over the lake. An impressive fireworks display adds tremendous value to the event, invoking a since of community pride. Attachment Professional Services Agreement Standard Agreement for Professional Services July 4th Fireworks This Agreement ("Agreement") is made on the third day of May, 20 16, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and RES Specialty Pyrotechnics a Minnesota pyrotechnics company (hereinafter "Consultant") whose business address is 21595 2861 Street, Belle Plaine, MN 56011. Preliminary Statement The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of professional services by Consultant for Providing Fireworks and Pyrotechnic Operations for the 41 of July Celebration at Round Lake Park hereinafter referred to as the "Work". The City and Consultant agree as follows: 1. Scope of Work. The Consultant agrees to provide the professional services shown in Exhibit A (Fireworks Proposal) in connection with the Work. The terms of this Agreement shall take precedence over any provisions of the Consultants proposal and/or general conditions. If the Consultants proposal is attached as the Exhibit A Scope of Work, City reserves the right to reject any general conditions in such proposal. 2. Term. The term of this Agreement shall be from May 3, 2016 through July 4, 2016 the date of signature by the parties notwithstanding. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated. 3. Compensation for Services. City agrees to pay the Consultant on an hourly basis plus expenses in a total amount not to exceed $25,000 for the services as described in Exhibit A. A. Any changes in the scope of the work which may result in an increase to the compensation due the Consultant shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. B. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City. C. If Consultant is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. 4. City Information. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services: A. Access to the Area. Depending on the nature of the Work, Consultant may from time to time require access to public and private lands or property. As may be necessary, the City shall obtain access to and make all provisions for the Consultant to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work. B. Consideration of the Consultant's Work. The City shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Consultant, and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the Consultant. C. Standards. The City shall furnish the Consultant with a copy of any standard or criteria, including but not limited to, design and construction standards that may be required in the preparation of the Work for the Project. D. City's Representative. A person shall be appointed to act as the City's representative with respect to the work to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the services provided or materials, equipment, elements and systems pertinent to the work covered by this Agreement. 5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an itemized invoice for professional services performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City for: A. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall indicate for each employee, his or her name, job title, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Consultant shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Consultant shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City's project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract. B. Suspended Work. If any work performed by the Consultant is suspended in whole or in part by the City, the Consultant shall be paid for any services set forth on Exhibit A performed prior to receipt of written notice from the City of such suspension. Pyrotechnics for July 4th Fireworks Standard Agreement for Professional Services 2014.04 Page 2 of 8 C. Payments for Special Consultants. The Consultant shall be reimbursed for the work of special consultants, as described herein, and for other items when authorized in writing by the City. D. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." 6. Project Manager and Staffing. The Consultant has designated Kent Orwell to serve on the Project. They shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Consultant may not remove or replace the designated staff from the Project without the approval of the City. 7. Standard of Care. Consultant shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Consultant shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Consultant's breach of this standard of care. Consultant shall put forth reasonable efforts to complete its duties in a timely manner. Consultant shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Consultant shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 8. Audit Disclosure and Data Practices. Any reports, information, data, etc. given to, or prepared or assembled by the Consultant under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. The books, records, documents and accounting procedures and practices of the Consultant or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement. This Agreement is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Consultant in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the Data Practice Act and Consultant shall comply with those requirements as if it were a government entity. All subcontracts entered into by Consultant in relation to this Agreement shall contain similar Data Practices Act compliance language. 9. Termination. This Agreement may be terminated by either party by seven (7) days written notice delivered to the other party at the address written above. Upon termination under this provision, if there is no fault of the Consultant, the Consultant shall be paid for services rendered and reimbursable expenses until the effective date of termination. If however, the City terminates the Agreement because the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant, and the City may retain another consultant to undertake or complete the Work identified herein. Pyrotechnics for July 4th Fireworks Standard Agreement for Professional Services 2014.04 Page 3 of 8 10. Subcontractor. The Consultant shall not enter into subcontracts for services provided under this Agreement except as noted in the Scope of Work, without the express written consent of the City. The Consultant shall pay any subcontractor involved in the performance of this Agreement within ten (10) days of the Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. If the Consultant fails within that time to pay the subcontractor any undisputed amount for which the Consultant has received payment by the City, the Consultant shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Consultant shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Consultant shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 11. Independent Consultant. Consultant is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Agreement, who shall be employees, and under the direction, of Consultant and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Consultant an employee of the City. 12. Insurance. a. General Liability. Prior to starting the Work, Consultant shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Consultant or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. b. Consultant shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker's Compensation Statutory Limits Employer's Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General Liability $1,500,000 property damage and bodily injury per occurrence $2,000,000 general aggregate $2,000,000 Products — Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Pyrotechnics for July 4th Fireworks Standard Agreement for Professional Services 2014.04 Page 4 of 8 Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. d. Professional Liability Insurance. In addition to the coverages listed above, Consultant shall maintain a professional liability insurance policy in the amount of $2,000,000. Said policy need not name the City as an additional insured. It shall be Consultant's responsibility to pay any retention or deductible for the professional liability insurance. Consultant agrees to maintain the professional liability insurance for a minimum of two (2) years following termination of this Agreement. e. Consultant shall maintain "stop gap" coverage if Consultant obtains Workers' Compensation coverage from any state fund if Employer's liability coverage is not available. f. All policies, except the Worker's Compensation Policy, Automobile Policy, and Professional Liability Policy, shall name the "City of Eden Prairie" as an additional insured on ISO forms CG 20 10 07 04 or CG 20 10 04 13; and CG 20 37 07 04 or CG 20 37 04 13, or their equivalent. g. All policies, except the Professional Liability Policy, shall apply on a "per project" basis. h. All polices shall contain a waiver of subrogation in favor of the City. i. All policies, except for the Worker's Compensation Policy and the Professional Liability Policy, shall be primary and non-contributory. j. All polices, except the Worker's Compensation Policy, shall insure the defense and indemnity obligations assumed by Consultant under this Agreement. k. Consultant agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City's written acceptance of the Work. I. It shall be Consultant's responsibility to pay any retention or deductible for the coveraeges required herein. m. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, Pyrotechnics for July 4th Fireworks Standard Agreement for Professional Services 2014.04 Page 5 of 8 without thirty (30) days' prior notice to the City, except that if the cancellation or non- renewal is due to non-payment, the coverages may not be terminated or non- renewed without ten (10) days' prior notice to the City. n. Consultant shall maintain in effect all insurance coverages required under this Paragraph at Consultant's sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. o. A copy of the Consultant's Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Consultant's Work. Upon request a copy of the Consultant's insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Consultant has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Consultant of any deficiencies in such documents and receipt thereof shall not relieve Consultant from, nor be deemed a waiver of, City's right to enforce the terms of Consultant's obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. p. Effect of Consultant's Failure to Provide Insurance. If Consultant fails to provide the specified insurance, then Consultant will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that this indemnity shall be construed and applied in favor of indemnification. Consultant also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Consultant to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Consultant's insurance company. Consultant will take the action required by the City within fifteen (15) days of receiving notice from the City. Pyrotechnics for July 4th Fireworks Standard Agreement for Professional Services 2014.04 Page 6 of 8 13. Indemnification. Consultant will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney's fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Consultant, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Consultant, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Consultant harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 14. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement ("Information") shall become the property of the City, but Consultant may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Consultant also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Agreement ("Project") does not relieve any liability on the part of the Consultant, but any use of the Information by the City or the Consultant beyond the scope of the Project is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 15. Non-Discrimination. During the performance of this Agreement, the Consultant shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Consultant shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Consultant shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Consultant further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 16. Compliance with Laws and Regulations. In providing services hereunder, the Consultant shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 17. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated Pyrotechnics for July 4th Fireworks Standard Agreement for Professional Services 2014.04 Page 7 of 8 settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. 18. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 19. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City. 20. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 21. Entire Agreement. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 22. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. 25. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager FIRM NAME By: Its: Pyrotechnics for July 4th Fireworks Standard Agreement for Professional Services 2014.04 Page 8 of 8 FIREWORKS DISPLAY PROPOSAL FOR CITY OF EDEN PRAIRIE 7/4/ 2015 *4' .. RES Specialty Pyrotechnics MAGIC IN THE AIR NONDISCLOSURE The material contained in this document is confidential and is for review only by those directly involved in awarding this bid. This document may not be copied or reproduced in any fashion without written consent of RES Specialty Pyrotechnics, Inc. CONFIDENTIALITY Our ideas, concepts and creativity are our livelihood. Your respect for our confidentiality is appreciated. RES Specialty Pyrotechnics MAGIC IN THE AIR Fireworks Display Proposal for City of Eden Prairie 7/4/2015 Display Design Philosophy Our selection of display fireworks for the City of Eden Prairie includes a broad spectrum of styles and origin. We carefully select the best variety of Chinese, Taiwanese, Japanese and Domestic product. We balance these selections with our own custom manufactured product to provide the best assortment possible. We strongly feel that the quality of our products is the best that is available anywhere. There may be modifications to the listed effects due to inventory availability, nature of the site, and upgrade of product. Virtually all of our shells incorporate a tailed or rising effect providing additional impact and allowing the audience to follow the shells on their rise into the air. Display Presentation Frequently overlooked by the display purchaser, the aspect of how the display is "shot" or presented is the most critical aspect after safety to a successful display. This is the area where a company that understands choreography demonstrates true pyrotechnic artistry. To achieve maximum customer and audience appreciation we have found that by using a "V" rack setup we are able to cover a greater area of the sky. In addition, many like effects are shot simultaneously into the air in a "V" pattern, filling two separate areas of the sky with identical patterns. Our choreography for the City of Eden Prairie will allow the audience to appreciate the show better since they pick up on the themes that are presented with the fireworks. This sets up the audiences' expectations. In other words, there is rhyme to the reason. To accomplish this, all of the effects exhibited for City of Eden Prairie will be shot by a sophisticated computer firing system allowing us to have: • Precision timing of firing. • No large gaps of time when there is nothing but black sky. • Easier control of show pacing. • Multiple firing not possible via hand firing. • Added safety for the audience and our staff due to the increased control of execution. Electrical firing allows us to have the show preloaded beforehand. This allows us the opportunity to precisely choreograph the show. Preloading the show allows us to better protect the show beforehand against weather and eliminates having to handle shells in the dark to reload thereby increasing safety. Fireworks display proposal for the City of Eden Prairie Main Body - Grouped and Combined along the following Themes • Color and report shells • Pattern shells, e.g., hearts, hourglass, stars, butterflies, rings • Effect shells, e.g., whistles, serpents, tourbillions • Strobe and shimmer effects • Glitter and tremalon shells • Crackling and crossette shells • Traditional Japanese shells, e.g., diadems, Saturns, palms, chrysanthemums • Shells from the following manufacturers will be displayed: Lidu, Glorious, Kanto, Panda, Sunny, An Ping, Legion, San Tai, Yung Feng, U.S. Designer, AM Pyro, 86 RES Specialty Pyrotechnics. ❖ For the City of Eden Prairie we will also incorporate a unique segment of Signature Pattern shells. The shells shot in this segment will follow one another. In this way the audience will be quick to realize that they have to watch each effect closely as it breaks in the sky above. Some of the signature patterns that will be exhibited are as follows: Saturn rings, colored stars with rings, smiley faces, jellyfish, concentric rings, poinsettia, 86 hearts. ss In addition, a Red, White 86 Blue Patriotic segment will be exhibited to showcase our country's colors. Many different shell effects 86 designs will be used to highlight the colors of our flag. Finale There is no mistake when our finales start. The sky is filled with color and sound that builds in intensity as it progresses. Multiple levels of effects appear as the finale unfolds. The colors and effects appear to "morph" from one color to the next into glitter into larger color to the next into glitter into larger color into larger glitter culminating in waves of tailed titanium salutes that increase in intensity. As the thunder from the salutes reach their peak, they are complimented by an increasing scale of fancy color shells overhead. Fireworks display proposal for the City of Eden Prairie Shows for Reference City of Edina Belle Plaine BBQ Days Dick Crockett Jim Lange 952-833-9573 952-873-4310 City of Lakeville Excelsior Chamber of Commerce Patty Dexter Laura Hotvet 952-985-4610 952-474-6461 City of Apple Valley City of Becker Scott Breuer Jamie Cassidy 952-953-2311 763-262-0400 Elk River Saint Paul Saints Baseball Jim Boyle Derek Sharrer 763-241-3670 651-644-3517 Slice of Shoreview Minnesota Twins Baseball Jacci Krebsbach Matt Hoy 651-483-2416 612-659-3651 Woodbury Days City of Vadnais Heights Theresa Janechek Brigid Nault 651-735-3322 651-204-6000 City of Bloomington City of Minnetonka Mark Morrison Sara Woeste 952-563-8693 952-939-8316 Maple Grove Days City of Highland Park Mike Kinnan Calida Cogan 763-424-4365 651-699-9042 Savage Chamber of Commerce Prior Lake Chamber of Commerce Ann Masis Sandy Fleck 952-894-8876 952-440-1000 Rosanne Bump LeSueur Chamber of Commerce St. Paul Festival & Heritage Foundation Julie Boyland 651-223-4700 507-665-2501 MN Recreation & Parks Assn New Prague NPCL Michelle Snider Carol Weiers 763-571-1305 952-758-5964 City of Eden Prairie 7/4/2015 $25,000 Total Materials Used by Size 3 Inch 752 4 Inch 429 5 Inch 278 6 Inch 218 Barrages 7 1684 Grand Total of Effects in Display 3137 City of Eden Prairie 7/4/2015 Opening Barrage Size Qty Finale Titanium Salute w/Silver Strobing Tail 3 100 Finale Red Blue Green Gold Peony & 6 Titanium Salutes w/Tails 3 24 Silver Wave to Green w/Coconut Pistil & Silver Tail 4 3 Glittering Gold Chrysanthemum to Multicolor 4 2 Lemon Chrysanthemum w/Cyan Pistil & Brocade Tail 4 2 Silver to Grass Green to Seablue Peony w/Silver Tail 4 3 White Twinkling Chrysanthemum w/Purple Pistil & Purple Tail 4 2 Red to White Flash w/Brocade Green Pistil & Green Tail 4 3 Gold Coconut Tree to Purple w/Gold Tail 4 2 Amber to Grass Green Chrysanthemum w/Silver Tail 5 2 Red Peony w/Silver Strobing Pistil & Red Tail 5 2 Blue to Silver Chrysanthemum w/Crackling Pistil & Silver Tail 5 2 Glittering Silver to Yellow to Green w/Green Tail 5 3 Aqua to Purple Chrysanthemum w/Silver Tail 5 2 Silver Palm w/Blue Tip w/Crackling Pistil & Crackling Tail 5 2 Silver Spider to Red w/Silver Strobing Pistil & Red Tail 5 2 Brocade Crown w/Variegated Double Pistil & Silver Tail 5 2 Gold Flashing w/Eight Pieces Chrysanthemum Pistil & Gold Tail 6 2 Gold Wave to Cherry w/Seablue Pistil & Seablue Tail 6 2 Red to Green w/White Strobe Pistil & Silver Tail 6 2 Brocade Crown to White Flashing w/Silver Strobe Pistil 6 1 Total Opening Barrage Effects in Display 165 City of Eden Prairie 7/4/2015 3 Inch Main Show Size Qty Turquoise Chrysanthemum w/Mag Red Psitil 3 2 Gold to Green Chrysanthemum w/Silver Tail 3 2 Magenta to Chartreuse Chrysanthemum w/Silver Tail 3 3 Turquoise Peony w/Popping Flower Pistil & Crackling Tail 3 3 Purple Chrysanthemum w/Blinking White Pistil 3 3 Gold Wave to Red Chrysanthemum 3 2 Half Red Half Blue w/Silver Tail 3 2 Orange Chrysanthemum w/Magenta Pistil 3 2 Half Purple Half Green w/Silver Tail 3 2 Violet Chrysanthemum w/Chartreuse Pistil 3 2 Silver Wave to Green Chrysanthemum 3 2 Green Chrysanthemum w/Blinking White Pistil 3 3 Magenta Peony w/Blinking White Pistil & Silver Tail 3 3 Violet Waves w/Silver Tail 3 2 Lemon Chrysanthemum w/Mag Purple Pistil 3 2 Aqua to Orange Chrysanthemum w/Silver Tail 3 3 Orange Chrysanthemum w/Mag Green Pistil 3 2 Silver to Red Chrysanthemum w/Silver Tail 3 2 White Strobing Peony w/White Strobing Tail 3 4 Lemon Chrysanthemum w/Cyan Pistil 3 2 Lemon Waves w/Silver Tail 3 2 Silver to Blue Chrysanthemum w/Silver Tail 3 2 Purple Peony w/Silver Fish Pistils 3 3 Violet to Lemon Chrysanthemum w/Silver Tail 3 3 Kamuro Circle w/Purple Pistil & Gold Tail 3 3 Smiley Face (Multicolor) w/Red Tail 3 3 Gold Wave & Green Ring w/Peach Pistil & Gold Tail 3 3 Brocade Crown Ring w/Brocade Tail 3 2 Multicolor Mag Dahlia w/Silver Tail 3 2 Multicolor Flying Stars 3 4 Silver Glittering Palm w/Silver Tail 3 2 Green Glittering Palm w/Gold Tail 3 2 Kamuro w/Blinking Pistil & Brocade Tail 3 3 Diadem to Blue w/Gold Tail 3 3 Nishiki Kamuro Niagara Falls 3 3 Total 3 inch Main Show Effects in Display 88 City of Eden Prairie 7/4/2015 4 Inch Main Show Size Qty Brocade Gold Chrysanthemum w/Chartreuse Pistil & Gold Tail 4 3 Gold Flash to Purple to White Flash Peony & Gold Tail 4 4 Turquoise & Magenta Chrysanthemum w/White Blinking Pistil 4 3 Cyan Peach Violet Chrysanthemum w/Popping Flower Pistil 4 3 Magenta Chrysanthemum w/Aqua Pistil & Brocade Tail 4 3 Purple Dark Silver Peony w/Silver Tail 4 4 Violet to Mag Green Chrysanthemum w/Silver Tail 4 3 Red Gamboge to Seablue w/Green Pistil & Red Tail 4 3 Lemon to Mag Red Chrysanthemum w/Silver Tail 4 3 Silver Wave to White Flash Big Willow w/Silver Tail 4 3 Half Lemon Half Purple Peony w/Purple Tail 4 3 White Strobing Peony w/White Strobing Tail 4 6 Green Dark Red Peony w/Green Tail 4 4 Red Wave w/White Strobe Pistil & Red Tail 4 3 Cyan Peony w/Peach Pistil & Rising Silver Tail 4 4 Green to Gold Crackling Chrysanthemum Flower & Purple Tail 4 4 Magenta Orange Chartreuse Chrysanthemum w/Blinking Pistil 4 3 Gold Wave to Blue Chrysanthemum w/Crackling Flower Pistil 4 3 Half Red Half Blue Chrysanthemum w/Red Tail 4 3 Gold Wave to Blue to Yellow Chrysanthemum w/Red Tail 4 3 Gold Wave & Grass Green Ring w/Violet Pistil & Gold Tail 4 4 Glittering Blue to Silver w/Crackling Pistil & Blue Tail 4 3 Gold & Silver Time Rain Peony w/Coconut Pistil & Silver Tail 4 4 Blue Chrysanthemum w/Blinking White Pistil & Silver Tail 4 4 Silver Wave to Two Color Ring (Seablue & Orange) w/Silver Tail 4 4 Lemon Peony w/Grass Green Pistil & Silver Tail 4 4 Lemon Chrysanthemum w/Big Magenta Pistil & Brocade Tail 4 4 Orange Lemon Seablue Peony w/Silver Tail 4 4 Aqua to Purple Chrysanthemum w/Silver Tail 4 3 Half Orange Half Seablue Peony w/Silver Tail 4 3 Lemon Chrysanthemum w/Mag Green Pistil & Brocade Tail 4 3 Strobing Ring w/Alt Red & White Strobe w/Red Tail 4 3 Red Heart w/Silver Stars (Angel Heart Shape) 4 3 Stained Glass w/Twilight Glitter Pistil & Gold Tail 4 3 Red Shooting Star (Red Star Shape w/Silver Shooting Stars) 4 3 Kamuro Circle w/Purple Pistil & Brocade Tail 4 4 Smiley Face (Multicolor) w/Brocade Tail 4 4 City of Eden Prairie 7/4/2015 Flower Ring (Peach, Lemon & Grass Green) w/Silver Tail 4 3 Red Cover Green Ring w/White Strobe Pistil & Silver Tail 4 3 Yellow to Red to Silver Change Ring w/Silver Tail 4 4 Magenta Ring in Turquoise Ring w/Brocade Tail 4 4 Rainbow Ring w/Silver Tail 4 3 Seablue & Orange Double Rings w/Silver Whirl & Orange Tail 4 4 Purple Ring w/Popping Flower Pistil & Brocade Tail 4 3 Gold Brocade Bowtie in Red Ring w/Gold Brocade Tail 4 3 Red Five Pointed Star 4 4 Poinsettia Multicolor (Magenta Aqua Cyan Lemon) w/Purple Tail 4 4 Lemon Ring in Orange Ring in Aqua Ring w/Rising Flowers 4 3 Hourglass w/Circle (Kamuro to White Strobe w/Magenta Ring) 4 3 Silver Wave to Double Cyan & Purple Ring w/Silver Tail 4 4 Brocade Crown Ring Cover Blue Ring w/Blue Tail 4 3 Yellow & Blue Double Rings w/Silver Tail 4 4 Green Crossette w/Crackling Tail 4 4 Multicolor Bees w/Whistles & Whistling Tail 4 5 Orange & White Strobe w/Strobe Tail 4 3 New Color Crossette w/White Flash Pistil & White Tail 4 4 Cylinder Silver Turbulence w/Green Stars 4 4 Purple Dahlia w/Crackling Pistil & Gold Tail 4 3 Rainbow Dahlia w/White Strobe Pistil & Red Tail 4 4 Glitter Silver to Blue Crossette w/Cracking Pistil 4 3 Magenta Dahlia w/Crackling Pistil & Red Tail 4 4 Kiddy Fishes in Crowds w/Gold Tail 4 3 Varigated Crossette w/Glitter Coconut Core & Glitter Tail 4 4 Cylinder Red Color Report 4 4 Cylinder Brocade Crown Silver Wave Blue Star White Flash Flower 4 4 Red Crossette w/Crackling Tail 4 4 Silver Dahlia to Green w/Green Tail 4 3 Orange Dahlia w/White Strobe Pistil & Silver Tail w/Purple Tail 4 3 Magenta Crossette w/Brocade Tail 4 4 Silver Spider w/Mag Red Pistil & Gold Tail 4 4 Silver Coconut Tree w/Violet Pistil & Brocade Tail 4 4 Gold Spider w/Mag Green Pistil & Gold Tail 4 4 Silver Palm w/Red Tip & Silver Strobe Pistil & Red Tail 4 3 Red Coconut Tree w/Blue Pistil & Red Tail 4 3 Gold Palm Tree w/Orange Strobe Pistil & Gold Tail 4 3 City of Eden Prairie 7/4/2015 Silver Time Rain Coconut Tree w/Crackling Tail 4 4 Rainbow Palm Tree w/Red Tail 4 3 Crackling Spider w/Coconut Pistil & Crackling Tail 4 4 Multicolor Falling Leaves w/Gold Tail 4 5 Wave Coconut Tree to White Crossette w/Red Tail 4 3 Gold Kamuro w/Blue Pistil & Gold Tail 4 3 Diadem Chrysanthemum w/Reports & Whistling Tail 4 4 Gold Willow w/Violet Tips & Crackling Pistil & Brocade Tail 4 3 Brocade Crown to Rainbow w/Whistling Tail 4 4 Kamuro Ending w/Turquoise Tips & Blinking Pistil & Brocade Tail 4 4 Color Changing Kamuro w/Silver Tail 4 3 Blue Diadem w/Red Pistil & Red Tail 4 4 Red Gamboge Crown w/Glitter Coconut Core & Red Tail 4 4 Cracking Nishiki Kamuro w/Blue Pistil & 3 Tails 4 4 Red to Green Flashing Big Willow w/Silver Tail 4 4 Red Crown w/Flower Coconut Pistil & Red Tail 4 4 Gold Brocade w/Violet Pistil & Gold Tail 4 3 Red Diadem to Yellow w/Whistling Tail 4 4 Blue to Red to Silver Crown w/Silver Tail 4 3 Total 4 inch Main Show Effects in Display 334 City of Eden Prairie 7/4/2015 5 Inch Main Show Size Qty Yellow Chrysanthemum w/Green Pistil & Whistling Tail 5 3 Silver Wave to Lemon to Cherry w/Silver Tail 5 4 Brocade Chrysanthemum w/Red to Blue Pistil & Rising Flowers 5 3 Red to Silver Peony w/Blue to Red Pistil & Red Tail 5 4 Rainbow Chrysanthemum w/Coconut Pistil & Silver Tail 5 3 White Strobing Peony w/White Strobing Tail 5 4 Gold Wave to Violet Chrysanthemum w/Popping Pistil 5 4 Magenta Orange Chartreuse Chrysanthemum w/White Blinking 5 3 Half Orange Half Grass Green Peony w/Silver Tail 5 3 Green Dark Cherry Peony w/Silver Tail 5 3 Blue Wave to Gold Chrysanthemum w/Gold Tail 5 4 Grass Green to Silver Chrysanthemum w/Strobing Silver Pistil 5 3 Pink Peony w/White Strobe Pistil 5 4 Turquoise Peony w/Popping Flower Pistil & Crackling Tail 5 3 Purple Dark Yellow Peony w/Yellow Tail 5 3 Silver Wave to Magenta w/Blinking Pistil & Silver Tail 5 4 Red Chrysanthemum w/Blinking White Pistil & Brocade Tail 5 3 Dark Green Peony w/White Strobe Pistil 5 3 Red Wave w/White Strobe Pistil & Red Tail 5 4 Glittering Orange to Aqua & Lemon w/Blue Pistil & Orange Flowers 5 4 Half Red Half Kamuro w/Silver Tail 5 3 Violet Turquoise & Lemon Chrysanthemum w/Popping Flower Pistil 5 3 Red Gamboge to Seablue w/Cherry Pistil & Silver Tail 5 3 Cyan Peony w/Lemon Pistil & Brocade Tail 5 3 Silver Dark Orange Peony w/Silver Tail 5 3 Brocade Gold to Mag Lime Chrysanthemum w/Silver Tail 5 4 Half Purple to Green & Half Green to Purple w/Gold Tail 5 3 Red to Blue to Gold Crackling Chrysanthemum Flower w/Whistling 5 3 Red to Yellow to Silver Flashing Chrysanthemum w/Silver Tail 5 3 Red Cover Green Ring w/White Strobe Pistil & Silver Tail 5 3 Kamuro Circle w/Green Pistil 5 3 Brocade Crown Cover Grass Green Ring w/Brocade Tail 5 3 Butterfly in Circle w/Green Tail 5 3 Yellow & Purple Cube w/Purple Tail 5 3 Silver Wave Ring w/Turquoise Pistil 5 3 Half Red & Blue Ring w/Red to Blue & Blue to Red Pistil 5 3 Kaleidoscope w/Strobing Pistil & Rising Flowers 5 3 City of Eden Prairie 7/4/2015 Falling Small Flowers in Red Circle w/Rising Flowers 5 3 Lemon Ring in Orange Ring in Aqua Ring w/Rising Flowers 5 3 Cherry Cover Seablue Ring w/Silver Tail 5 3 Smiley Face (Multicolor) w/Red Tail 5 3 Poinsettia Multicolor (Magenta Aqua Cyan Lemon) w/Silver Tail 5 3 Purple to Silver w/Grass Green Crossette Pistil & Silver Tail 5 4 Silver Time Rain Crossette w/Silver Tail 5 3 New Color Crossette w/White Flash Pistil & White Tail 5 4 Blue Dahlia w/Silver Coconut Pistil & Silver Tail 5 3 Silver Crackling Flower Crossette w/Crackling Tail 5 3 Lemon w/Crackling Dahlia w/White Strobe Pistil & Silver Tail 5 3 Green Flashing Dahlia w/Red Pistil & Whistling Tail 5 3 Golden Coconut Tree to Aqua w/Gold Tail 5 3 Multicolor Color Falling Leaves 5 4 Glittering Coconut Tree w/Silver Tail 5 3 Silver Palm w/Red Tip w/Silver Strobing Pistil & Red Tail 5 3 Gold Spider w/Mag Red Pistil & Gold Tail 5 3 Wave Coconut Tree to White Crossette w/Red Tail 5 3 Silver Crackling Rain Palm Tree w/Crackling Tail 5 3 Silver Coconut Tree w/Blue to Red Pistil & Brocade Tail 5 3 Gold Glitter Palm Tree w/Gold Tail 5 4 Crackling Spider w/White Blinking Pistil & Crackling Tail 5 3 Silver Spider w/Red Tips & Gold Tail 5 3 Gold Palm Tree w/Strobing Silver Pistil & Red Tail 5 3 Brocade Crown w/Red Core w/Red Tail 5 4 Red Diadem to Yellow w/Blue Pistil & Whistling Tail 5 3 Kamuro Ending w/Purple Tips & Blinking Pistil & Silver Tail 5 4 Brocade Diadem Chrysanthemum to Twinkle w/Strobing Pistil 5 3 White Flashing Crackling Big Willow w/Silver Tail 5 4 Blue to White Flashing Big Willow w/Blue Tail 5 3 Silver to Red to Silver Crown w/Silver Tail 5 3 Silver Crown to Orange w/Magenta Pistil & Brocade Tail 5 4 Gold Willow w/Violet Tips & Crackling Pistil & Brocade Tail 5 3 Brocade Crown to Crackling Willow w/Crackling Tail 5 3 Gold Kamuro w/Blue Pistil & Gold Tail 5 4 Blue Diadem to Yellow w/Green Pistil & Blue Tail 5 3 Total 5 inch Main Show Effects in Display 238 City of Eden Prairie 7/4/2015 6 Inch Main Show Size Qty Violet Chrysanthemum w/Chartreuse Pistil & Silver Tail 6 2 Lemon Chrysanthemum w/Purple Pistil 6 2 Turquoise to Mag Orange Chrysanthemum 6 3 Silver Wave to Violet to Aqua w/White Blinking Pistil & Silver Tail 6 2 Orange to Cyan Chrysanthemum w/Blinking White Pistil & Silver 6 3 Silver to Blue w/Strobing Silver Pistil & Silver Tail 6 2 Orange & Dark Green Peony w/Crackling Pistil & Crackling Tail 6 3 Peach to Magenta Peony w/White Blinking Pistil & Brocade Tail 6 3 Rainbow Chrysanthemum w/White Flashing Pistil & Red Tail 6 3 Silver Wave to Red w/Popping Flower Pistil & Silver Tail 6 3 Glittering Silver to Cherry w/Blue Pistil & Brocade Tail 6 2 Red to Blue to White Flashing Peony w/Red Tail 6 3 Peach to Magenta Peony w/Crackling Pistil & Crackling Tail 6 3 Brocade Chrysanthemum w/Red to Green Pistil & Silver Tail 6 3 Red Wave w/White Strobe Pistil & Red Tail 6 2 Thousands Color Chrysanthemum w/Crackling & Whistling Tail 6 2 Cyan Peony w/Lemon Pistil & Silver Tail 6 3 Half Green to Yellow Half Yellow to Green Chrysanthemum 6 2 Gold Wave to Silver w/Green Flash Pistil & Green Tail 6 2 Yellow to Blue to White Flash w/Brocade Purple Pistil & Blue Tail 6 3 Silver Dark Red w/Whistling Tail 6 3 Glittering to Purple to Orange & Spangle Pistil & Whistling Tail 6 3 Purple to Orange Chrysanthemum w/Drifting Green Flare Moon 6 3 Gold Wave to Peach to Purple w/Popping Flower Pistil & Gold Tail 6 3 Glittering Gold Chrysanthemum to Purple w/Gold Tail 6 2 Red Wave w/Gold Crack Chrysanthemum Pistil & Crackling Tail 6 2 Half Orange Half Green Peony w/Silver Tail 6 2 Red Gamboge to Green to Purple w/Palm Core & Silver Tail 6 2 White Strobing Peony w/White Strobing Tail 6 4 Red Cover Green Ring w/White Strobe Pistil & Silver Tail 6 3 Purple & Green Cube w/Purple Tail 6 2 Red to Blue Crossette Ring w/Crackling Pistil & Flowers 6 3 Silver Wave Ring w/Seven Red Stars & Silver Tail 6 3 Brocade Lemon & Grass Green Double Rings w/Rising Rings 6 3 Poinsettia Multicolor (Magenta Aqua Cyan Lemon) w/Purple Tail 6 3 Red to White Strobe Parallel Ring w/Strobe Tail 6 3 Brocade Chartreuse & Violet Double Ring w/Sea Blue Pistil 6 2 City of Eden Prairie 7/4/2015 Thousands Color Rings w/Rising Rings 6 3 Silver Whirl Flower Ring w/Green Strobe Pistil & Silver Tail 6 2 Green w/White Strobe Dahlia & Crackling Pistil & Crackling Tail 6 4 Orange Dahlia w/White Strobe Pistil & Silver Tail 6 3 Silver Time Rain Crossette w/Whistling Tail 6 4 Green to Gold Strobe Flower to Green w/Gold Tail 6 3 Violet Dahlia w/Blinking White Pistil & Strobe Tail 6 3 Multicolor Dahlia w/White Strobe Pistil & Red Tail 6 3 New Color Crossette w/White Flash Pistil & White Tail 6 3 Mag Red Dahlia w/Silver Strobe Pistil w/Red Tail 6 3 Red & Gold Crossette Chrysanthemum w/Red Tail 6 4 Gold Glitter Crown Crossette w/Gold Tail 6 4 Gold Spider w/Mag Red Pistil & Gold Tail 6 3 Silver Spider w/Cherry Strobe Pistil & Cherry Tail 6 3 Yellow Falling Leaves 6 4 Wave Coconut Tree to White Crossette w/Red Tail 6 3 Glittering Coconut Tree w/Crackling Tail 6 3 Golden Coconut Tree to Green w/Gold Tail 6 3 Silver to Purple Palm w/Violet Pistil & Silver Tail 6 3 Silver Crackling Flower Palm Tree w/Crackling Tail 6 3 Crackling Spider w/Coconut Pistil & Crackling Tail 6 3 Gold Coconut Tree w/Violet Pistil & Brocade Tail 6 3 Gold Willow w/Red Tips & Blinking White Pistil & Red Tail 6 3 Brocade Crown w/Variegated Double Pistil & Silver Tail 6 3 Red Willow w/Multicolor Flower Pistil & Red Tail 6 3 Kamuro to Magenta w/Blinking White Pistil & Brocade Tail 6 4 Gold Willow w/Green Strobe Pistil & Green Tail 6 3 Seagreen Diadem to Cherry w/Seablue Pistil & Silver Tail 6 3 Purple Diadem to White Flashing w/Purple Tail 6 3 Brocade Gold Diadem to Violet w/Peach to Magenta Pistil 6 3 Silver to Red to Silver Crown w/Silver Tail 6 3 Total 6 inch Main Show Effects in Display 195 City of Eden Prairie 7/4/2015 Multiple Effects Barrages Shots Qty 300 Shot Fan Color Silver Tail w/Red Mines 300 x 1 1 210 Shot X Purple & Orange Scenery 210 x 1 1 250 Shot Fan Brocade Tail Brocade Crown Crossette 250 x 1 1 100 Shot Purple & Green Chrys New Color Crossette & Happy Star 100 x 1 1 15x10 3X 5X Brocade Crown Crossette 150 x 1 1 150 Shot Red Time Rain & Crackling Stars 150 x 1 1 300 Shot 0 Purple Lemon & Seablue Scenery 300 x 1 1 Total Multiple Effects Barrages in Display 1460 7 City of Eden Prairie 7/4/2015 Patriotic Shell Segment Size Qty Silver Wave to Blue w/Brocade Red Pistil & Red Tail 4 2 Gold Wave Blue to Red Chrysanthemum w/Red Tail 4 2 Red White & Blue Chrysanthemum w/Silver Strobing Pistil 4 2 Red White & Blue Chrysanthemum w/Silver Tail 5 2 Red to Silver Chrysanthemum w/Blue to Red Pistil & Silver Tail 5 2 Glittering Silver to Red & Blue w/Coconut Pistil & Silver Tail 6 1 Red to Blue to Gold Crackling Chrysanthemum w/Crackling Tail 6 1 Total Patriotic Shell Segment Effects in Display 12 City of Eden Prairie 7/4/2015 Signature Pattern Shell Segment Size Qty Red to Blue Cross Ring w/Silver Crackling Pistil & Blue Tail 5 2 Green & Gold Glittering Brocade to Silver Ring w/Gold Tail 5 2 Green to White Strobe Parallel Ring w/Silver Strobe Tail 5 2 Blue Atomic Circle w/Small Strobe Pistil & Silver Tail 6 1 Red Blue Green Ring w/Silver Crackling Chrysanthemum Flower 6 1 Silver Wave to Four Color Ring w/Gold Chrysanthemum Pistil 6 1 Purple 7 Stars w/Gold Wave Green Ring & Purple Tail 6 1 Total Signature Pattern Shell Segment Effects in Display 10 City of Eden Prairie 7/4/2015 Finale Size Qty Finale Titanium Salute w/Silver Tail 3 48 Finale Turquoise Peony w/Magenta Pistil & Brocade Tail 3 36 Finale Titanium Linear Cylindrical Salute w/Strobing Tail 3 72 Finale Titanium Salute w/Blue Glittering Tail 3 60 Finale Titanium Salute w/Red Glittering Tail 3 60 Finale Dispark Chrysanthemum w/Crack Tail 3 24 Finale Gold Spider w/Gold Tail 3 24 Finale Crackling Spider w/Crackling Tail 3 24 Finale Cyan Violet & Peach Chrysanthemum w/Brocade Tail 3 24 Finale Kamuro w/Blinking White Strobe Pistil & Brocade Tail 3 36 Finale Rainbow Mag Color Dahlia w/White Strobe Pistil 3 36 Finale Green Chrysanthemum w/White Blinking Pistil & Tail 3 36 Finale Red White & Blue Variegated Chrysanthemum w/Red Tail 3 36 Finale Orange Aqua & Purple Chrysanthemum w/Purple Tail 3 24 Rainbow Chrysanthemum w/Coconut Pistil & Silver Tail 4 4 Gold Wave to Multicolor w/Gold Tail 4 3 Red Wave w/Gold Crackling Chrysanthemum Pistil & Red Tail 4 3 Finale Gold Spider w/Gold Tail 4 18 Finale Crackling Spider w/Crackling Tail 4 18 Diadem Chrysanthemum w/Red Strobing Pistil & Whistling Tail 4 4 Silver Willow w/Sea Blue Tips & Silver Strobe Pistil & Silver Tail 4 6 Kamuro Ending w/Red Tips & Silver Tail 4 6 Brocade Chrysanthemum w/Red to Blue Pistil & Brocade Tail 4 6 Kamuro to White Strobe w/Brocade Tail 4 4 Brocade Gold Chrysanthemum w/Purple Pistil 5 2 Red Gamboge to Green to Purple w/Palm Core & Silver Tail 5 2 Red Crackling Coconut Tree w/Strobe Pistil & Red Tail 5 2 Color Changing Kamuro w/Silver Tail 5 3 Crackling Willow w/Strobing Silver Pistil & Crackling Tail 5 2 Brocade Crown to Green Flash Big Willow & Silver Tail 5 2 Silver Wave to Green Flash Flower w/Purple Pistil & Purple Tail 6 2 Brocade Coconut Tree w/Bright Red Pistil & Brocade Tail 6 2 Brocade Crown to Silver Time Rain Coconut Tree w/Silver Tail 6 2 Kamuro Ending w/Blue Tips & Blinking White Pistil & Brocade Tail 6 2 Gold Kamuro to White Twinkling w/Orange Pistil & Gold Tail 6 2 Total Finale Effects in Display 635 CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda May 3, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.O. Jay Lotthammer, Director, Professional Service Agreement with Parks and Recreation Weitzman Studios, Inc. for LRT Bridge Pier Relief Designs Requested Action Move to: Approve Professional Service Agreement with Weitzman Studios, Inc. for LRT Bridge Pier Relief Designs. Synopsis The City of Eden Prairie has chosen Seven Weitzman from Weitzman Studio, Inc. (WSI) to design the public art that will appear on the Prairie Center Drive LRT bridge piers. There are 8 total piers that will have designs front and back. WSI will complete the conceptual designs with citizen input. Once designs are approved WSI will submit Final Design which includes: dimensioned plans; elevations; sections and notes; Special Provisions; use &handling instructions for subsequent form liners; key plans/elevations; layouts showing nomenclature and other relevant details; quantities for all liners to be used; Federal ID #(s) for selected stain colors; and/or any other means to carefully explain the intent, materials, method, and theme of the work. WSI shall furnish Client and Engineers with all electronic CAD files of the project design and plans in AutoCAD 2013. WSI's submittal will be reviewed and incorporated by Client and Engineers into the overall construction plans. Background In December of 2015 the City of Eden Prairie sent out a request for qualifications for artists to design public art to be a part of the Prairie Center Drive LRT bridge piers. Two artists were selected by staff to provide preliminary concepts and costs. Of the two artists Steven Weitzman was selected because of his abundant experience, favorable references and the aesthetics of his past work. City staff has worked with WSI and the SW LRT project office to come up with a scope of work that includes the possibility of 2-6 unique designs for each pier. The height of each design could be divided into modular sections that can be arranged in numerous versions, as well as creating the additional ability to expand the design to 'grow'with each pier. Attachments Professional Service Agreement Exhibit A - Scope of Work Exhibit B-Pricing THIS AGREEMENT is made and entered into this_ day of , 2016 by and between the City of Eden Prairie, 8080 Mitchell Road, Eden Prairie, MN 55344 (the "CITY"), and Weitzman Studios, Inc., 3413 Windom Road, Brentwood, MD 20722 ("WSI"). WITNESSETH: WHEREAS, on December 2, 2015, WSI replied to a Request for Qualifications to design "concepts for one or more pier relief designs' for the Southwest Light Rail Transit project (the "Project"), WHEREAS, on April 11, 2016, WSI was notified by the CITY that WSI was selected to design one or more pier relief designs for the Project, and WHEREAS, WSI is qualified and possesses sufficient skills and the necessary capabilities including artistic, technical, and professional expertise, to perform the work required by this Agreement. NOW, THEREFORE, in consideration of the terms, conditions, covenants, and performance contained herein, the parties hereto agree as follows: 1. SCOPE OF WORK: WSI shall provide, perform, and complete the services and tasks that are set forth in the "Scope of Services" in Exhibit A of this Agreement (the "Work"). 2. TERM: Time is of the essence in the performance of this Agreement. This Agreement shall commence on the date of execution and be effective until: A. The Work is completed by WSI and is accepted by the CITY and WSI has received final payment pursuant to the terms of Section 3; or B. This Agreement is terminated pursuant to the terms of Sections 10 or 12. 3. COMPENSATION AND METHOD OF PAYMENT: The CITY agrees to pay WSI according to the terms set forth in Exhibit B to this Agreement. Such payment shall constitute full and complete payment for WSI's performance and completion of the Work, including, but not limited to, WSI's design services and reimbursable expenses for labor, supplies, materials, travel, and all other necessary incidentals. A. Any changes in the Work which may result in an increase to 1 the compensation due to WSI shall require prior written approval by an authorized representative of the CITY or by the CITY Council. CITY will not pay additional compensation for services or work that do not have prior written authorization. B. WSI shall not be responsible for any costs associated with the alteration of construction plans and/or alterations to existing structures to accommodate the Work. C No interest or other costs shall accrue on any amounts owed to WSI under this Agreement. 4. REPRESENTATIONS AND WARRANTIES: WSI represents and warrants to the CITY, that: A It owns or has permission to use all art, designs, drawings, components, and materials that it utilizes in connection with the performance of the Work under this Agreement; B. All art, designs, drawings, components, and materials that it uses in connection with the performance of the Work do not violate any applicable law or regulation; do not have false, misleading, defamatory, or obscene content; and will not infringe on, violate, or misappropriate the privacy, proprietary, intellectual property, contract, or tort rights of any person; C All art, designs, drawings, components, and materials that it uses in connection with the performance of the Work shall transfer to the CITY, subject to the provisions of Section 5, upon receipt of final payment by WSI, as defined in Exhibit B. and D It will include low-maintenance, cost-effective and safe designs, in accordance with the standard of care in Section 7 of this Agreement that will increase the quality of life and promote community involvement. 5. REPRODUCTION RIGHTS: WSI shall retain the copyrights of any aesthetic designs which it creates in the performance of the Work and which are presented to and accepted by the CITY. T he CITY and its designees have permission to use the designs that WSI creates in connection with the performance of the Work for any purpose, including but not limited to printing and/or publishing copies of the designs. Nothing in this Section shall preclude media printing and/or publication of photographs of the designs. The City shall 2 endeavor to use reasonable efforts to credit the designs to "Weitzman Studios, Inc." when printing or publishing images highlighting the designs. WSI remains the author of the designs and may use the designs produced under this Agreement to promote its work through advertisement. The designs may not be used for the purposes of a third party without the consent of the City. Notwithstanding the foregoing, any designs presented to the CITY by WSI, but rejected by the CITY, may not be used by the CITY for any purpose without the express written consent of WSI. 6. PROJECT MANAGER: WSJ has designated (the "Project Manager") to manage the Work. The Project Manager shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. WSI may not remove or replace the Project Manager without the approval of the CITY. 7. STANDARD OF CARE: WSI shall exercise the same degree of care, skill and diligence in the performance of the Work as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. WSI shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by WSI's breach of this standard of care. WSI shall put forth reasonable efforts to complete its duties in a timely manner. WSI shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. 8. INSURANCE: A. General Liability. WSI shall maintain a general liability insurance policy with limits of at least $1,000,000.00 for each person, and each occurrence, for both personal injury and property damage. WSI shall provide the CITY with a Certificate of Insurance verifying insurance coverage before beginning the Work, B. Worker's Compensation. WSI shall secure and maintain such insurance as will protect WSI from claims under the Worker's Compensation Acts and from claims for bodily injury, death, or property damage which may arise from the performance of WSI's services under this Agreement. 9. INDEMNIFICATION: WSI will defend and indemnify the 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 alleged or actual violation of, infringement upon, or 3 misappropriation of the proprietary or intellectual property rights of any person in connection with WSI's performance of the Work under this Agreement. 10. COMPLIANCE WITH LAWS: In completing the Work under this Agreement, WSI shall abide by all federal, state and local statutes, laws, ordinances, rules, and regulations pertaining to the Work to be provided. Any violation of statutes, laws, ordinances, rules, and regulations pertaining to the Work to be provided by WSI shall constitute a material breach of this Agreement and shall entitle the CITY to immediately terminate this Agreement. 11. CHANGES: Either party may request changes to the scope of the Work and performance to be provided hereunder However, no change or addition to this Agreement shall be valid or binding upon either party unless such change or addition is in writing and is signed by all parties. Any such change or addition shall be attached to and made part of this Agreement. 12. TERMINATION: A. This Agreement may be terminated at any time by either party by providing thirty (30) days' notice (the "Termination Notice") to the other party. B. If a party intends to terminate this Agreement for cause due to the other party's breach of a term or condition of this Agreement, the party who desires to terminate this Agreement shall specify the grounds for termination in the Termination Notice. The defaulting party shall then have thirty (30) days after receipt of the Termination Notice to cure the default. If the default is cured within thirty (30) days, then the Agreement shall not be terminated. If the default is not cured within thirty (30) days, this Agreement shall be terminated. If the defaulting party needs additional time to cure the default, it may request an extension on the deadline to cure from the other party, who may grant or deny the extension. C In the event that (i) WSi terminates this Agreement based on the default by the CITY or (ii) the CITY chooses to terminate this Agreement for its convenience and not for cause, the CITY shall compensate WSI for all the Work that WSI completed prior to termination. In such an event, all finished and unfinished art, designs, drawings, sketches, photographs and other Work prepared by WSI under this Agreement shall remain WSI's property and no right to fabricate or execute the Work shall pass to CITY. D. In the event that (i) the CITY terminates this Agreement based on the default by WSI or (ii) WSI chooses to terminate this Agreement for its 4 convenience and not for cause, all finished and unfinished drawings, sketches, photographs and other Work prepared by WSI under this Agreement shall at the CITY's option become the CITY's property. WSI shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by WSI. 13. INDEPENDENT CONTRACTOR: WSI is an independent contractor engaged by the CITY to perform the Work and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations under this Agreement, who shall be employees, and under the direction, of WSI and in no respect employees of the CITY, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of the CITY, or otherwise bind or obligate the CITY. No statement herein shall be construed so as to find WSI an employee of the CITY. 14. SUBCONTRACTOR: WSI shall not enter into subcontracts for the Work to be completed under this Agreement without the express written consent of the CITY. WSI shall pay any subcontractor involved in the performance of this Agreement within ten (10) days of WSI's receipt of payment by the CITY for undisputed services provided by the subcontractor. If WSI fails within that time to pay the subcontractor any undisputed amount for which WSI has received payment by the CITY, WSI 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, WSI shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from WSI shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 15. NOTICE: Required notices to WSI shall be in writing, and shall be either hand- delivered to WSI, its employees or agents, or mailed to WSJ by certified mail at the following address: 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: 5 City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Notices shall be deemed effective on the date of receipt. Any party may change its address for the service of notice by giving notice of such change to the other party, in any manner above specified, ten (10) days prior to the effective date of such change. 16. ASSIGNMENT: Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 17. AUDIT DISCLOSURE AND DATA PRACTICES: Any reports, information, data, etc. given to, or prepared or assembled by WSI under this Agreement which the CITY requests to be kept confidential, shall not be made available to any individual or organization without the CITY's prior written approval. The books, records, documents and accounting procedures and practices of WSI or other parties relevant to this Agreement are subject to examination by the CITY and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement. This Agreement is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd. 7, which is created, collected, received, stored, used, maintained, or disseminated by WSl in performing any of the functions of the CITY during performance of this Agreement is subject to the requirements of the Data Practice Act and WSI shall comply with those requirements as if it were a government entity. All subcontracts entered into by WSI in relation to this Agreement shall contain similar Data Practices Act compliance language. 18. NON-DISCRIMINATION: During the performance of this Agreement, WSI 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. WSI 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. WSl shall incorporate the foregoing requirements of this Section 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. WSI further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 6 19_ CONFLICTS: No salaried officer or employee of the CITY and no member of the Council, or Commission, or Board of the CITY shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders this Agreement void. 20. EMPLOYEES: WSI agrees not to hire any employee or former employee of the CITY and the CITY agrees not to hire any employee or former employee of WSI prior to termination of this Agreement and for one (1) year thereafter, without prior written consent of the former employer in each case. 21. DAMAGES: In the event of a breach of this Agreement by the CITY, WSI shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. In no event shall the CITY's liability exceed the limitations set forth in Minn. Stat. § 466.01, et seq. 22. SERVICES NOT PROVIDED FOR: No claim for services or work furnished by WSI not specifically provided for herein shall be honored by the CITY. 23. ENFORCEMENT: If suit or action is filed by either party to enforce the provisions of this Agreement or otherwise with respect to the subject matter of this Agreement, the prevailing party in such suit or action shall be entitled to recover its reasonable attorneys' fees and costs. 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. GOVERNING LAW AND JURISDICTION: This agreement shall be governed by and construed in accordance with the laws of the state of Minnesota. in the event of any dispute or litigation arising out of or relating to this Agreement, the Parties agree that the 7 same shall be venued in Hennepin County District Court for the State of Minnesota and that Hennepin County District Court shall be the exclusive venue of any litigation whether or not such venue is or subsequently becomes inconvenient. WSI and the CITY agree that Hennepin County District Court shall have personal jurisdiction over it and subject matter jurisdiction over all matters arising from or relating to this Agreement. 26. SEVERABILITY: The provisions of this Agreement are severable. If, for any reason, any part, term, or provision of this Agreement is held by a court of the United States to be illegal, void or unenforceable, the validity of the remaining provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular provision held to be invalid 27. WAIVER: No action nor failure to act by the CITY or WSI shall constitute a waiver of any right or duty afforded any of them under the Agreement, 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. 28. FORCE MAJURE: If any party shall be delayed or prevented from the performance of any act required under this Agreement by reason of a strike, labor trouble, acts of God, or any other cause beyond the reasonable control of such party (financial inability excepted), and such party is otherwise without fault, then performance of such act shall be excused for the period of the delay. 29. COUNTERPARTS: This Agreement may be executed in multiple counterparts, each of which shall be considered an original. 30. ENTIRE AGREEMENT: The parties agree that this Agreement is the complete expression of the terms hereto and any oral representatives or understandings not incorporated herein are excluded. Further, any modification of this Agreement shall be in writing and signed by all parties. IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed the day and year first hereinabove written. Dated this day of ,2016. [SIGNATURE PAGE FOLLOWS] City of Eden Prairie 8 7 Mayor City Manager Date Weitzman Studios,Inc /By:St- n -rtz eside and -O Date //02-a4/4 9 Exhibit A Scope of Work weitzman studios, inc.www.weitzmanstudios.com info@weitzmanstudios.com 3413 windom road brentwood, maryland 20722 p(301) 699-0873 f(301) 699-0389 City of Eden Prairie: Bridge Pier Designs RFQ Proposed Budget Below please find the proposed budget for the Bridge Pier Designs RFQ. Please consider that there are many ways to approach this type of project all of which are driven by the ultimate budget. For example, you could take these two designs and put one on the front and one of the back on a pier, reverse their location on the next pier and continue the alternating scheme on the remaining piers. Or, the height of each design could be divided into modular sections that can be arranged in numerous versions, as well as creating the additional ability to expand the design to 'grow'with each pier. This method allows for a minimum investment in pattern work while also achieving a different look per pier by using the same pattern components. Of course you can also increase the number of pattern designs you commission to give you even more variations and options to affect each pier differently. So you can see, all these choices are mostly budget driven, but I would be very happy to work with you and your committee to come up with the most attractive and strongest design solution that your budget will allow. Conceptual Aesthetic Design In this stage, WSI will conduct research, community outreach, review the supplied plans, discuss the primary areas for aesthetics with the Client, build computer models to develop design, develop at least three feasible concepts or themes, and provide details of the major elements that are integral parts of the concept. Two (2) Conceptual Designs $35,000 Three (3) Conceptual Designs . $52,500 Four(4) Conceptual Designs $70,000 Six (6) Conceptual Designs . $105,000 Intermediate Aesthetic Design: In Intermediate Aesthetic Design, WSI will refine the selected theme and aesthetic pier treatments based on the comments and direction by the stakeholders and the community. WSI will apply these designs to the locations for final approval as a precursor to the final design phase. This will also include augmenting or adjusting the computer models and any other necessary visuals to display the intended design solutions as directed by the Client. At this point, costs estimates for form liners, aesthetic features and any other enhancements will be provided for review to clarify the elements to assist the committee in their final decision. Two (2)Intermediate Designs $21,000 Three (3) Intermediate Designs . $23,000 Four(4) Intermediate Designs $26,000 Six (6) Intermediate Designs . $32,000 Final Aesthetic Design: Once the Intermediate Design has been submitted and approved by the Client, WSI will provide the Final Design submission which includes: dimensioned plans; elevations; sections and notes; Special Provisions; use &handling instructions for subsequent form liners; key plans/elevations; layouts showing nomenclature and other relevant details; quantities for all liners to be used; Federal ID#(s) for selected stain colors; and/or any other means to carefully explain the intent, materials, method, and theme of the work. WSI shall furnish Client and Engineers with all electronic CAD files of the project design and plans in AutoCAD 2013. WSI's submittal will be reviewed and incorporated by Client and Engineers into the overall construction plans Two (2)Final Designs $12,000 Three (3) Final Designs $15,000 Four(4) Final Designs $18,000 Six (6) Final Designs $24,000 One Community PI Meeting• $3,500 Travel (Portal to Portal)• $1,500 For one trip to the City of Eden Prairie that will include the cost of airfare, hotel, rental, gas, and any related travel expenses. Total: Two (2)Aesthetic Designs . $73,000 Three (3)Aesthetic Designs $95,000 Four(4)Aesthetic Designs $119,000 Six (6) Aesthetic Designs .. $166,000 Exhibit B Pricing Information, 2 designs steven weitzman weitzman studios, inc. www.weitzmanstudios.com info @veitzmanstudios.com 3413 windom road brentwood, maryland 20722 p(301) 699-0873 f(301) 699-0389 City of Eden Prairie: Bridge Pier Designs RFQ Proposed Budget Below please find the proposed budget for the Bridge Pier Designs RFQ. Please consider that there are many ways to approach this type of project all of which are driven by the ultimate budget. For example, you could take these two designs and put one on the front and one of the back on a pier, reverse their location on the next pier and continue the alternating scheme on the remaining piers. Or, the height of each design could be divided into modular sections that can be arranged in numerous versions, as well as creating the additional ability to expand the design to 'grow'with each pier. This method allows for a minimum investment in pattern work while also achieving a different look per pier by using the same pattern components. Of course you can also increase the number of pattern designs you commission to give you even more variations and options to affect each pier differently. So you can see, all these choices are mostly budget driven, but I would be very happy to work with you and your committee to come up with the most attractive and strongest design solution that your budget will allow. Conceptual Aesthetic Design .. $35,000 In this stage, WSI will conduct research, community outreach, review the supplied plans, discuss the primary areas for aesthetics with the Client, build computer models to develop design, develop at least three feasible concepts or themes, and provide details of the major elements that are integral parts of the concept. Intermediate Aesthetic Design- $21,000 In Intermediate Aesthetic Design, WSI will refine the selected theme and aesthetic pier treatments based on the comments and direction by the stakeholders and the community. WSI will apply these designs to the locations for final approval as a precursor to the final design phase. This will also include augmenting or adjusting the computer models and any other necessary visuals to display the intended design solutions as directed by the Client. At this point, costs estimates for form liners, aesthetic features and any other enhancements will be provided for review to clarify the elements to assist the committee in their final decision. Final Aesthetic Design- $12,000 Once the Intermediate Design has been submitted and approved by the Client, WSI will provide the Final Design submission which includes: dimensioned plans; elevations; sections and notes; Special Provisions; use &handling instructions for subsequent form liners; key plans/elevations; layouts showing nomenclature and other relevant details; quantities for all liners to be used; Federal ID#(s) for selected stain colors; and/or any other means to carefully explain the intent, materials, method, and theme of the work. WSI shall furnish Client and Engineers with all electronic CAD files of the project design and plans in AutoCAD 2013. WSI's submittal will be reviewed and incorporated by Client and Engineers into the overall construction plans. One Community PI Meeting- $3,500 Travel (Portal to Portal). $1,500 For one trip to the City of Eden Prairie that will include the cost of airfare, hotel, rental, gas, and any related travel expenses. Total. $73,000 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar May 3, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: IEM NO.: VIII.P. Robert Ellis Resolution of Support for Improvements Public Works/Engineering to Highway 101 Between Pioneer Trail and Flying Cloud Drive in the City of Chanhassen Requested Action Move to: Adopt resolution supporting improvements to Highway 101 between Pioneer Trail and Flying Cloud Drive in the City of Chanhassen. Background Information The City of Eden Prairie has been contacted by the City of Chanhassen regarding support of the Chanhassen's application for state bonding funds to make improvements to Highway 101 from Pioneer Trail to Flying Cloud Drive. Highway 101 is a critical north-south transportation link for the region. Highway 101 from Flying Cloud Drive to Pioneer Trail has safety issues, geometric problems and capacity constraints that need to be addressed. Carver County, the City of Chanhassen and the Minnesota Department of Transportation recently completed reconstruction of the Highway 101 bridge over the Minnesota River and Flying Cloud Drive from east of the roundabout to west of Bluff Creek Drive as part of the Minnesota River Flood Mitigation project. The next phase of this project involves reconstructing Flying Cloud Drive in Hennepin County and Eden Prairie from east of the roundabout at Highway 101 to Charlson Road. This phase is expected to begin in 2017. The City of Chanhassen would like to complete safety improvements to Highway 101 from Flying Cloud Drive to Pioneer Trail so that all major highways in this area are updated to current safety standards and are capable of providing capacity for future development needs. This will require the assistance of state bonding funds. Through this resolution the City offers its support to the City of Chanhassen in requesting those funds. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2016- A RESOLUTION IN SUPPORT FOR IMPROVEMENTS TO HIGHWAY 101 BETWEEN PIONEER TRAIL AND FLYING CLOUD DRIVE IN THE CITY OF CHANHASSEN, CARVER COUNTY WHEREAS, the City of Eden Prairie has been contacted by the City of Chanhassen regarding support of the City's application for state bonding funds to make improvements to Highway 101; and WHEREAS, Highway 101 is a critical north-south transportation link for the region; and WHEREAS, Highway 101 from Flying Cloud Drive to Pioneer Trail has safety issues, geometric problems and capacity constraints that need to be addressed; and WHEREAS, the Highway 101 improvements would also include a grade separated crossing for the Minnesota River Bluff Regional Trail and a multipurpose trail along Highway 101; and WHEREAS, the City of Eden Prairie is a partner on the Flying Cloud Drive reconstruction project from east of the roundabout at Highway 101 to Charlson Road; and WHEREAS, Carver County, the City of Chanhassen and the Minnesota Department of Transportation completed reconstruction of the Highway 101 bridge over the Minnesota River and Flying Cloud Drive from east of the roundabout to west of Bluff Creek Drive. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council: A. State bonding funds are necessary for advancement of this project which will provide needed safety improvements. B. The City of Eden Prairie supports the City of Chanhassen's state bonding fund request for making improvements to Highway 101. ADOPTED by the Eden Prairie City Council on May 3, 2016. Ron Case, Acting Mayor ATTEST: SEAL Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: May 3, 2016 SECTION: Consent Calendar DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.Q. Paul Schlueter Declare Police Vehicle 265 as Surplus Equipment and Authorize Purchase of a Fleet Services Replacement Vehicle Requested Action Move to: Declare Police Vehicle#265 as surplus equipment and authorize the sale of the salvage for $3,026 and authorize purchase of replacement vehicle for $26,821.95. Synopsis Police Department vehicle#265 was involved in single vehicle accident on April 14, 2016. Vehicle#265 is a 2013 Ford Explorer Utility with 55,800 miles on it. The initial estimate to repair the damage on this vehicle is $8,146.31 and would likely go higher once the vehicle was disassembled for repair. This repair amount is below our insurance deductible and the City would incur 100% of this expense if repairs are made. Vehicle#265 is currently scheduled to be replaced in calendar year 2017. Fleet Services is requesting to replace this vehicle one year early as the most cost effective approach given the current circumstances. Typical auction proceeds when selling this type of vehicle at its normal replacement interval range between $8,000 to $9,000. It doesn't make sense to spend $8,000 to $9000 to repair this vehicle for one more year of use. Repairing vehicles with this much damage is never easy and this repair would result in the vehicle having a salvage title that would also reduce its resale value. The more cost effective approach would be to sell the damaged vehicle now for the high salvage bid of $3026.00 and order the scheduled 2017 model year replacement vehicle now. Funds for the replacement of this vehicle are included in the 2017 Fleet Capital Internal Service Fund and adequate dollars are currently available to fund this purchase early. The City of Eden Prairie participates in the State of Minnesota Cooperative Purchasing Venture (CPV). This enables the City to buy vehicles and equipment under the terms of contracts already negotiated by the State of Minnesota. This replacement vehicle will be purchased using the State of Minnesota CPV program. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar May 3, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 16-5932 ITEM NO.: VIII.R. Mary Krause Award Contract to Allied Blacktop Public Works/Engineering Company, for the 2016 Sealcoating Project Requested Action Move to: Award the Contract for 2015 Sealcoating Project to Allied Blacktop Company, in the amount of$537,311.40. Synopsis Bids were received on Thursday, April 21, 2016 for the 2016 Sealcoating project. Two bids were received and are tabulated as follows: Allied Blacktop Company $537,311.40 Pearson Brothers, Inc. $581,105.50 Background Information Street sealcoating is an annual street maintenance project. The unit prices for sealcoat this year are slightly lower than 2015 prices. The 2016 Operating and Maintenance budget for sealcoating is $215,000. The balance between the actual project costs and the budgeted amount will be taken from the CIP pavement maintenance fund. Attachments • Bid Tabulation • Contract 2016 Seal Coating City of Eden Prairie I.C. #16-5932 Pearson Brothers, Inc. Allied Blacktop Co. EST. UNIT UNIT NO DESCRIPTION QTY. UNIT PRICE TOTAL PRICE TOTAL 1 Streets-Chips Seal 48,000 Sq.Yd. $1.30 $62,400.00 $1.29 $61,920.00 FA-3,C1.A (0.34 gal/sq.yd. CRS-2P) Bit. Seal Coat gray or black only 20 lbs/sq.yd./FA-3,C1.A 2 Streets-Chip Seal 340,000 Sq.Yd. $1.23 $418,200.00 $1.18 $401,200.00 FA-2,Modified (0.24 gal/sq.yd/CRS-2) Cl.A(1/8"Trap Rock) (20 lbs/sq.yd.FA-2 Mod) Bituminous Seal Coat 3 Streets-Fog Seal 180,000 Sq.Yd. $0.42 $75,600.00 $0.15 $27,000.00 (0.12 gal/sq.yd./CSS-1H) Bituminous Seal Coat 4 CRS-2P, 12"wide strip at 1,821 L.F. $1.00 $1,821.00 $1.00 $1,821.00 centerline,applied at 0.34 gal./sq.yd. 5 CRS-2 12"wide strip at centerline, 12,338 L.F. $0.25 $3,084.50 $0.80 $9,870.40 applied at 0.34 gal/sq.yd. 6 Traffic Control 1 L.S. $20,000.00 $20,000.00 $35,500.00 $35,500.00 TOTAL BASE BID $581,105.50 $537,311.40 FORM OF CONTRACT THIS AGREEMENT, made and executed this day of , 2016, by and between the City of Eden Prairie, hereinafter referred to as the "CITY", and Allied Blacktop Company, hereinafter referred to as the "CONTRACTOR", WITNESSETH: CITY AND CONTRACTOR, for the consideration hereinafter stated, agree as follows: I. CONTRACTOR hereby covenants and agrees to perform and execute all the provisions of the Plans and Specifications prepared by the Public Works Department referred to in Paragraph IV, as provided by the CITY for: I.C.# 16-5932, 2016 Sealcoating CONTRACTOR further agrees to do everything required by this Agreement and the Contract Documents. II. CITY agrees to pay and CONTRACTOR agrees to receive and accept payment in accordance with the prices bid for the unit or lump sum items as set forth in the Proposal Form attached hereto which prices conform to those in the accepted CONTRACTOR'S proposal on file in the office of the City Engineer. The aggregate sum of such prices,based on estimated required quantities is estimated to be $537,311.40. III. Payments to CONTRACTOR by City shall be made as provided in the Contract Documents. IV. The Contract Documents consist of the following component parts: (1) Legal and Procedural Documents a. Advertisement for Bids b. Instruction to Bidders c. Accepted Proposal d. Contract Agreement e. Contractor's Performance Bond f. Contractor's Payment Bond (2) Special Conditions (3) Addenda and Supplemental Agreements The Contract Documents are hereby incorporated with this Agreement and are as much a FC-1 part of this Agreement as if fully set forth herein. This Agreement and the Contract Documents are the Contract. V. CONTRACTOR agrees to fully and satisfactorily complete the work contemplated by this Agreement in accordance with the following schedule: or in accordance with the Contract Documents. VI. This Agreement shall be executed in two (2) copies. IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands and seals as of the date first above written. In Presence Of: CITY OF EDEN PRAIRIE, MN. By Its City Mayor And Its City Manager CONTRACTOR In Presence Of: By Title And Title FC-2 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar May 3, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 16-5933 ITEM NO.: VIII.S. Mary Krause Award Contract for the 2016 Public Works/Engineering Bituminous Mill and Overlay Project to Park Construction Company Requested Action Move to: Award the Contract for 2016 Street Bituminous Mill and Overlay Project to Park Construction Company in the amount of$1,298,715. Synopsis Sealed bids were received on Thursday, April 21, 2016 for the 2016 Bituminous Mill and Overlay Project. Six bids were received and are summarized in the attached bid tab. The low bid in the amount of$1,298,715 was submitted by Park Construction Company. Staff has reviewed the bids and recommends awarding the contract for the project to Park Construction Company in the amount of$1,298,715. Background Information The Bituminous Mill and Overlay Project is an annual street maintenance project. The bituminous prices for this year's overlay project are slightly lower than the 2015 overlay bituminous prices. The 2016 Operating and Maintenance budget for milling and overlay is $219,000. In addition, funds generated from the Pavement Management CIP are utilized. The Pavement Management CIP is funded through franchise fees collected from Centerpoint Energy, Xcel Energy and Minnesota Valley Electric collecting approximately$2,000,000 annually for pavement maintenance. In addition to the overlay project, the pavement maintenance CIP fund also finances seal coating and other pavement improvement projects. Attachments • Bid Tabulation • Contract 2016 Bituminous Overlay City of Eden Prairie, I.C.#16-5933 COMPANY: Park Construction Co. Hardrives,Inc. WM Mueller&Sons,Inc. Bituminous Roadways,Inc. GMH Asphalt Northwest Asphalt l EST. UNIT UNIT UNIT UNIT UNIT NO DESCRIPTION QTY. UNIT PRICE TOTAL PRICE TOTAL PRICE TOTAL PRICE TOTAL PRICE TOTAL PRICE TOTAL 1 MnDOT Mix SPWEA230B 17,000 Tons $49.35 $838,950.00 $49.37 $839,290.00 $49.10 $834,700.00 $47.50 $807,500.00 $52.89 $899,130.00 $48.86 $830,620.00 2 MnDOT Mix SPNWB240B 500 Tons $52.50 $26,250.00 $56.57 $28,285.00 $50.30 $25,150.00 $47.50 $23,750.00 $52.84 $26,420.00 $44.80 $22,400.00 3 MnDOT Mix SPNWB430B 3,830 Tons $42.50 $162,775.00 $45.13 $172,847.90 $45.65 $174,839.50 $45.00 $172,350.00 $41.58 $159,251.40 $44.53 $170,549.90 4 MnDOT Mix SPWEA44OB 2,300 Tons $52.30 $120,290.00 $54.94 $126,362.00 $52.15 $119,945.00 $48.50 $111,550.00 $51.47 $118,381.00 $52.97 $121,831.00 Bituminous Pavement 5 Rehabilitation-Full Depth Mill 1,100 Tons $1.00 $1,100.00 $3.07 $3,377.00 $3.35 $3,685.00 $5.00 $5,500.00 $1.36 $1,496.00 $3.35 $3,685.00 6 Bituminous Edge Milling 5,000 L.F. $1.10 $5,500.00 $0.84 $4,200.00 $1.85 $9,250.00 $1.10 $5,500.00 $1.02 $5,100.00 $1.92 $9,600.00 7 Bituminous Full Depth Milling 165,000 Sq.Yd. $0.61 $100,650.00 $0.73 $120,450.00 $0.77 $127,050.00 $1.10 $181,500.00 $0.68 $112,200.00 $1.10 $181,500.00 8 Aggregate Base Cl.5(100 crushed quarry rock) 800 Tons $20.00 $16,000.00 $24.53 $19,624.00 $13.25 $10,600.00 $18.00 $14,400.00 $16.65 $13,320.00 $16.33 $13,064.00 9 Common Excavation 450 Cu.Yds. $20.00 $9,000.00 $18.65 $8,392.50 $16.00 $7,200.00 $8.00 $3,600.00 $21.10 $9,495.00 $18.15 $8,167.50 10 Joint Adhesive(mastic) 14,000 L.F. $0.55 $7,700.00 $0.51 $7,140.00 $0.65 $9,100.00 $0.50 $7,000.00 $0.56 $7,840.00 $0.55 $7,700.00 11 Traffic Control Lump Sum Lump Sum $10,500.00 $10,500.00 $13,940.00 $13,940.00 $33,000.00 $33,000.00 $34,100.00 $34,100.00 $20,000.00 $20,000.00 $39,477.00 $39,477.00 TOTAL BASE BID $1,298,715.00 $1,343,908.40 $1,354,519.50 $1,366,750.00 $1,372,633.40 $1,408,594.40 FORM OF CONTRACT THIS AGREEMENT,made and executed this day of 2016 by and between City of Eden Prairie hereinafter referred to as the "CITY", and Parks Construction Company hereinafter referred to as the "CONTRACTOR", WITNESSETH: CITY AND CONTRACTOR, for the consideration hereinafter stated, agree as follows: I. CONTRACTOR hereby covenants and agrees to perform and execute all the provisions of the Plans and Specifications prepared by the Public Works Department referred to in Paragraph IV, as provided by the CITY for: I.C. 16-5933—2016 Bituminous Overlays CONTRACTOR further agrees to do everything required by this Agreement and the Contract Document. II. CITY agrees to pay and CONTRACTOR agrees to receive and accept payment in accordance with the prices bid for the unit or lump sum items as set forth in the Proposal Form attached hereto which prices conform to those in the accepted CONTRACTOR'S proposal on file in the office of the City Engineer. The aggregate sum of such prices, based on estimated required quantities is estimated to be $1,298,715.00. III. Payments to CONTRACTOR by City shall be made as provided in the Contract Documents. IV. The Contract Documents consist of the following component parts: (1) Legal and Procedural Documents a. Advertisement for Bids b. Instruction to Bidders c. Accepted Proposal d. Contract Agreement e. Contractor's Performance Bond f. Contractor's Payment Bond (2) Special Conditions (3) Detail Specifications (4) General Conditions (5) Map (6) Addenda and Supplemental Agreements The Contract Documents are hereby incorporated with this Agreement and are as much a part of this Agreement as if fully set forth herein. This Agreement and the Contract Documents are the Contract. V. CONTRACTOR agrees to fully and satisfactorily complete the work contemplated by this Agreement in accordance with the Contract Documents. VI. This Agreement shall be executed in two (2) copies. IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands and seals as of the date first above written. In Presence Of: CITY OF EDEN PRAIRIE, MN. By Its City Mayor And Its City Manager CONTRACTOR In Presence Of: By Title And Title CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar May 3, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 16-5930 ITEM NO.: VIII.T. Mary Krause Award Contract for 2016 Crack Seal Project Public Works/Engineering to American Pavement Solutions Requested Action Move to: Award contract for 2016 crack sealing project to American Pavement Solutions in the amount of$74,228. Synopsis Sealed bids were received Thursday, April 14, 2016 for the 2016 Crack Sealing project. Six bids were received as indicated in the attached bid tab; however the bid from Northwest Asphalt & Maintenance was disqualified as the completed Responsible Contractor forms were not submitted along with the bid. The low bid in the amount of$74,228 was submitted by American Pavement Solutions. Staff has reviewed the bids and recommends awarding the contract to American Pavement Solutions in the amount of$74,228. Background Information Street bituminous cracksealing is an annual street maintenance project in preparation for the 2016 sealcoat project. Cracksealing for bituminous trails has also been included in the project. The street quantities include some of the recent overlay areas. The 2016 operating and maintenance budget for street cracksealing is $135,000 under budget item 1707-6339. The trail and parking lots cracksealing portion of the project is funded through the Parks Division under maintenance. The crack sealant material has been purchased by the Streets Maintenance Division directly; this contract award is for the placement of the sealant material. Attachments: • 2016 Bid Tab • Contract 2016 City Cracksealing City of Eden Prairie I.C. #16-5930 American Pavement Solutions Precision Sealcoating Inc. *Northwest Asphalt&Maint. Fahrner Asphalt Sealers LLC ASTECH Allied Blacktop Co. EST. UNIT UNIT _ UNIT UNIT UNIT UNIT NO DESCRIPTION QTY. UNIT PRICE TOTAL PRICE TOTAL PRICE TOTAL PRICE TOTAL PRICE TOTAL PRICE TOTAL Installation of Joint Sealant 1 on Bituminous Streets(Route and Seal) 5,000 Lb. $0.96 $4,800.00 $1.169 $5,845.00 $1.320 $6,600.00 $1.69 $8,450.00 $1.700 $8,500.00 $4.00 $20,000.00 Installation of Joint Sealant 2 on Bituminous Streets(Blow and Go) 64,000 Lb. $0.96 $61,440.00 $1.169 $74,816.00 $1.700 $108,800.00 $1.69 $108,160.00 $1.690 $108,160.00 $1.14 $72,960.00 Installation of Joint Sealant 3 on Bituminous Trails(Blow and Go) 7.800 I.b. $0.96 $7,488.00 $1.169 $9,118.20 $1.320 $10,296.00 $1.69 $13,182.00 $1.850 $14,430.00 $1.14 $8,892.00 3 Traffic Control Lump Sum $500.00 $500.00 $0.00 $0.00 $0.00 $0.00 $1,250.00 $1,250.00 $5,000.00 $5,000.00 $50,000.00 $50,000.00 TOTAL BASE BID $74,228.00 $89,779.20 $125,696.00 $131,042.00 $136,090.00 $151,852.00 *disqualified for lack of Responsible Contractor Verification Forms FORM OF CONTRACT THIS AGREEMENT, made and executed this day of , 2016, by and between City of Eden Prairie, hereinafter referred to as the "CITY", and American Pavement Solutions,hereinafter referred to as the "CONTRACTOR", WITNESSETH: CITY and CONTRACTOR, for the consideration hereinafter stated, agree as follows: I. CONTRACTOR hereby covenants and agrees to perform and execute all the provisions of Plans and Specifications prepared by the City of Eden Prairie referred to in Paragraph IV, and as provided by the CITY for: Improvement Contract 16-5930: Installation of Hot-Poured Bituminous Crack Sealant CONTRACTOR further agrees to do everything required by this Agreement and the Contract Documents. II. CITY agrees to pay and CONTRACTOR agrees to receive and accept payment in accordance with the prices bid for the unit or lump sum items as set forth in the Proposal Form attached hereto which prices conform to those in the accepted CONTRACTOR'S proposal on file in the office of the Director of Public Works. The aggregate sum of such prices, based on estimated required quantities is $74,228.00 shall be paid to the CONTRACTOR. III. Payments to CONTRACTOR by CITY shall be made within 30 days after approval of invoice. IV. The Contract Documents consist of the following component parts: (1) Legal and Procedural Documents a. Advertisement for Bids b. Accepted Proposal c. Contract Agreement d. Contractor's Performance Bond e. Contractor's Payment Bond (2) Detail Specifications (3) Addenda and Supplemental Agreements The Contract Documents are hereby incorporated with this Agreement and are as much a part of this Agreement as if fully set forth herein. This Agreement and the Contract Documents are the Contract. V. CONTRACTOR agrees to fully and satisfactorily complete the work contemplated by this Agreement in accordance with the project specifications VI. This Agreement shall be executed in two (2) copies. IN WITNESS WHEREOF,the parties to this Agreement have hereunto set their hands and seals as of the date first above written. In Presence Of: CITY OF EDEN PRAIRIE, MINNESOTA Its City Mayor And Its City Manager In Presence of: CONTRACTOR Firm By: Title And CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar May 3, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.U. OCM/City Clerk Approve License Agreement with Hennepin County for Election Equipment Requested Action Move to: Approve License Agreement with Hennepin County for Election Equipment. Synopsis In 2014, the state legislature authorized the use of electronic poll books. These devices are secure tablet computers that replace the current paper voter check-in process. Hennepin County will provide to the City 118 KNOWiNK Poll Pad Hardware and Software units, 20 Verizon Jetpack Hotspot(s) and 2 MR 34 Cisco Meraki wireless access points exclusively for official election use and grants a limited, revocable, non-exclusive, royalty-free license. Hennepin County will pay the purchase cost for the election equipment and license. Attachment License Agreement 111 POLL PAP: .11.m...eaxnau' Lew— • �. POLL PAD Agreement No. A165102 AGREEMENT THIS AGREEMENT, made by and between the COUNTY OF HENNEPIN, a political subdivision of the State of Minnesota ("County"), and the CITY OF EDEN PRAIRIE ("City"). 1. TERM OF THE AGREEMENT This Agreement shall commence on June 6, 2016 and expire on February 28, 2023, unless cancelled or terminated earlier in accordance with the provisions of this Agreement. 2. EQUIPMENT LICENSE During the term of this Agreement and subject to the terms herein, County hereby provides to City and grants City a limited, revocable, non-exclusive, royalty-free license to use 118 KNOWiNK Poll Pad Hardware and Software units, 20 Verizon Jetpack Hotspot(s) and 2 MR 34 Cisco Meraki wireless access point(s) (the "Election Equipment") exclusively for official election use. County otherwise agrees in writing, said license is restricted to access and use of the Election Equipment by City's employees, contracted personnel and duly authorized election officials performing election duties and responsibilities on behalf of City. The parties may agree by written addendum executed by all the parties to modify the quantity or definition of the Election Equipment included within the scope of this agreement. County hereby delegates authority to execute such an addendum to the Hennepin County Elections Manager. City hereby delegates authority to execute such an addendum to its City Manager. Unless the parties otherwise agree, City shall provide and/or maintain, at City's sole cost and expense, secure wireless and other telecommunications necessary for the operation of the Election Equipment. Further and as necessary, City shall acquire or otherwise provide all subscriptions, accounts or other licenses necessary for the operation of the Election Equipment. City shall secure, safeguard and control the Election Equipment, including but not limited to system authentication and passwords, in the same manner that City secures, safeguards and controls its own critical or confidential equipment, systems, software, data, passwords or other information. While the Election Equipment is in City's possession, custody and/or control, City shall exercise best efforts to (i) use and handle the Election Equipment in a manner that avoids damage or harm to the Election Equipment; (ii) use and handle the Election Equipment in accordance with County Page 1 of 6 direction and any third-party specification; and (iii) safeguard and secure the Election Equipment from theft, loss or other damage. City shall be responsible for implementation of the Election Equipment. Unless the parties otherwise agree, County or its designated third-party vendor shall be perform all maintenance and repair of the Election Equipment. City shall not repair, change, modify or alter the Election Equipment unless expressly authorized by County or its designee. If any Election Equipment needs repair or maintenance, City shall follow the direction and process provided by County. City acknowledges and agrees that, as directed by County, (i) City may be required to deliver, at City's sole cost and expense, Election Equipment to County or its designee for maintenance and repair; and (ii) City may be required to provide access to the Election Equipment for inspection, maintenance or repair during City's regular business hours, including but not limited to granting the right to enter into and upon the premises where the Election Equipment is located. Upon reasonable notice, County shall have the right to enter into and upon the premises where the Election Equipment is located for the purposes of inspecting the Election Equipment or observing its use. On an annual basis, during the term of this Agreement, shall comply with County's request for verification of Election Equipment inventory. Upon the express written permission of County's Election Manager, or her/his designee, City may sub-lease Election Equipment to a school district within City's territorial boundaries. Said lease shall be made pursuant to a written agreement, between City and the school district and shall include substantially the same terms as those contained herein. 3. OWNERSHIP County represents and warrants and City acknowledges and agrees that County is duly authorized to grant the license herein exclusively for use by City in its official elections. Pursuant thereto, use of the Election Equipment for any other purpose other than that authorized herein is strictly prohibited absent express written consent of County. City acknowledges and agrees that the Election Equipment may contain proprietary and trade secret information that is owned by a third party and is protected under state and federal patent, copyright law or other laws, rules, regulations and decisions. City shall protect and maintain the proprietary and trade secret status of the Election Equipment. 4. DISCLAIMER, LIABILITY AND LIMITATION OF LIABILITY COUNTY, BY AND THROUGH ITS DULY AUTHORIZED VENDOR, IS PROVIDING THE ELECTION EQUIPMENT ON AN AS-IS BASIS WITH NO SUPPORT WHATSOEVER. THERE IS Page 2 of 6 NO WARRANTY OF MERCHANTABILITY, NO WARRANTY OF FITNESS FOR PARTICULAR USE, NO WARRANTY OF NON-INFRINGEMENT, NO WARRANTY REGARDING THE USE OF THE INFORMATION OR THE RESULTS THEREOF AND NO OTHER WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. CITY ACKNOWLEDGES AND AGREES THAT COUNTY DOES NOT OWN OR CONTROL THE DATA SOURCE/SYSTEM NECESSARY FOR OPERATION OF THE ELECTION EQUIPMENT. WITHOUT LIMITING THE FOREGOING, COUNTY DOES NOT WARRANT THE PERFORMANCE OF THE ELECTION EQUIPMENT OR RELATED COMMUNICATIONS OR CONNECTIONS TO ANY DATA SOURCE/SYSTEM, THAT THE DATA SOURCE/SYSTEM WILL BE UNINTERRUPTED OR ERROR FREE, THAT THE DATA IS ACCURATE, COMPLETE AND CURRENT OR THAT DATA DEFECTS WILL BE CORRECTED, OR THAT THE DATA SOURCE/SYSTEM IS FREE OF HARMFUL CODE. IN NO EVENT SHALL COUNTY BE LIABLE FOR ACTUAL, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL DAMAGES OR LOSS OF PROFIT, LOSS OF BUSINESS OR ANY OTHER FINANCIAL LOSS OR ANY OTHER DAMAGES EVEN IF COUNTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. COUNTY'S SOLE LIABILITY AND CITY'S SOLE AND EXCLUSIVE REMEDY FOR ANY DAMAGES RELATED TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO LIABILITY FOR ELECTION EQUIPMENT NONPERFORMANCE, ERRORS OR OMISSIONS, SHALL BE LIMITED TO RESTORING OR CORRECTING THE ELECTION EQUIPMENT TO THE EXTENT AND DEGREE COUNTY IS CAPABLE OF PERFORMING THE SAME AND AS IS REASONABLY POSSIBLE UNDER THE PERTINENT CIRCUMSTANCES. Subject to the foregoing limitation of liability and to the provisions (below) regarding responsibility for the costs related to lost, stolen, destroyed or damaged Election Equipment, each party shall be responsible for their own acts and omissions and the results thereof to the extent authorized by law. The parties are not agreeing, in any manner whatsoever, to be responsible for the acts or omissions of the other party. As applicable, County's liability is governed by the provisions of Minnesota Statutes, Chapter 466 and City's liability is governed by the provisions of Minnesota Statutes, Chapter 466. The statutory limits of liability for the parties may not be added together or stacked to increase the maximum amount of liability for either or both parties. 5. ROYALTY FREE LICENSE - OTHER COSTS Except as expressly set forth below, City shall not pay County any amount for the license granted herein. City shall be responsible for the cost and expense of Election Equipment delivery from and to a location as directed by County. Page 3 of 6 Except for routine wear and tear resulting from use in conformance with the terms herein, City shall be responsible for and shall pay all costs, including but not limited to shipping costs, necessary for the repair or replacement of lost, stolen, destroyed or damaged Election Equipment. Upon expiration or termination of this Agreement for any reason, City shall, at City's sole cost and expense, deliver, or have delivered, the Election Equipment to County or its designee, complete and in good order and working condition. 6. TERMINATION This Agreement may be terminated by either party upon seven (7) day written notice to the other. Termination of this Agreement by either party and for any reason shall not relieve City of any duties or obligations hereunder including but not limited to the obligation to safely and securely return and deliver the Election Equipment as set forth above. 7. DATA PRACTICES The parties, their officers, agents, owners, partners, employees, volunteers and subcontractors shall abide by the provisions of the Minnesota Government Data Practices Act, Minnesota Statutes, chapter 13 (MGDPA) and all other applicable state and federal laws, rules, regulations and orders relating to data privacy or confidentiality, which may include the Health Insurance Portability and Accountability Act of 1996 (HIPAA). 8. ADDITIONAL PROVISIONS The parties shall comply with all applicable federal, state and local statutes, regulations, rules and ordinances currently in force or later enacted including but not limited to the MGDPA, Minnesota Statutes section 16C.05, subd 5 and Minnesota Statutes section 471.425, subd. 4a and, as applicable, COUNTY's Affirmative Action Policy. No delay or omission by either party hereto to exercise any right or power occurring upon any noncompliance or default by the other party with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof unless the same is consented to in writing. A waiver by either of the parties hereto of any of the covenants, conditions, or agreements to be observed by the other shall not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition, or agreement herein contained. All remedies provided for in this Agreement shall be cumulative and in addition to, and not in lieu of, any other remedies available to either party at law, in equity, or otherwise. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. Page 4 of 6 It is understood and agreed that the entire Agreement between the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof. Except as expressly provided herein, 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 signed by the parties hereto. City shall not assign, sublicense or transfer this Agreement or the rights, duties and obligations herein, either in whole or in part, without the prior written consent of County, and any attempt to do so shall be void and of no force and effect. It is expressly understood and agreed that the obligations and warranties of City and County hereof shall survive the completion of performance and termination or cancellation of this Agreement. THE REMAINDER OF THIS PAGE IS BLANK. Page 5 of 6 APPROVAL COUNTY OF HENNEPIN Reviewed by the County Attorneys Office STATE OF MINNESOTA County Administrator Date: Date: CONTRACTOR CONTRACTOR warrants that the person who executed this Agreement is authorized to do so on behalf of CONTRACTOR as required by applicable articles, bylaws, resolutions or ordinances*. CITY OF EDEN PRAIRIE By: Name: Nancy Tyra-Lukens Title: Mayor Date: 5/3/2016 CITY OF EDEN PRAIRIE By: Name: Rick Getschow Title: City Manager Date: 5/3/2016 Page 6 of 6 CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda May 3, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: IEM NO.: VIII.V. Rick Getschow, City Manager Resolution Supporting the Appointment of Peter Iversen to the Board of Managers for the Riley-Purgatory-Bluff Creek Watershed District Requested Action Move to: Adopt the resolution supporting the appointment of Peter Iversen to the Board of Managers for the Riley-Purgatory-Bluff Creek Watershed District. Background Information A Manager position on the Riley-Purgatory-Bluff Creek Watershed District(RPBCWD) is set to expire in July of 2016. The City Council has previously expressed its desire to have Eden Prairie residents serve on the RPBCWD's Board of Managers because approximately fifty-eight percent of Eden Prairie's land mass falls within the boundaries of the District. Appointments to a watershed district's board of managers are made by the county commission in which the district falls. The attached resolution officially proclaims the City Council's support for the appointment of Peter Iversen, currently a Citizens Advisory Committee member to RPBCWD, to the Board of Managers. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2016- A RESOLUTION SUPPORTING THE APPOINTMENT OF PETER IVERSEN TO THE BOARD OF MANAGERS FOR THE RILEY-PURGATORY-BLUFF CREEK WATERSHED DISTRICT WHEREAS, appointments to the Riley-Purgatory-Bluff Creek Watershed District Board of Managers are made by the County Commission in which the District falls; and WHEREAS, approximately fifty-eight (58) percent of Eden Prairie's land mass falls within the boundaries of the Riley-Purgatory-Bluff Creek Watershed District; and WHEREAS, approximately forty-four (44) percent of Riley-Purgatory-Bluff Creek Watershed District's landmass falls within the boundaries of Eden Prairie; and WHEREAS, the City of Eden Prairie desires to have citizen representation from Eden Prairie on the Riley-Purgatory-Bluff Creek Watershed District; and WHEREAS, Peter Iversen of 8002 Island Road, Eden Prairie, Minnesota lives within the Purgatory Creek sub-watershed of the Riley-Purgatory-Bluff Creek Watershed District; and WHEREAS, Peter Iversen currently serves on the Riley-Purgatory-Bluff Creek Watershed District's Citizens Advisory Committee. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council, that Peter Iversen is recommended for appointment to the Board of Managers for the Riley-Purgatory-Bluff Creek Watershed District. ADOPTED by the Eden Prairie City Council on May 3, 2016. Ron Case,Acting Mayor ATTEST: SEAL Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Public Hearings May 3, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.A. Community Eden Prairie Senior Living Development/Planning Janet Jeremiah/Julie Klima Synopsis The proposed project is for the construction of a 3 story, 116 unit senior living project that incorporates independent living, assisted living, and memory care units. The project is seeking approval of the following: • Guide Plan Change from Low Density Residential and Office to High Density Residential. • Planned Unit Development Concept Review. • Planned Unit Development District Review with waivers. • Zoning District Change from Rural and Office to RM-2.5. • Site Plan Review. • Preliminary Plat of five lots into one lot and one outlot. The project proponent has determined that additional time is needed to incorporate various changes into the proposed plan. As a result, the project proponent is requesting that the public hearing for this item be continued indefinitely. The proponent has provided and indefinite extension to the 120-Day review period. The property owners within 500 feet of the subject properties have been notified of the request to continue the public hearing and will be notified prior to scheduling of any future public hearing. Attachment Request to Continue Public Hearing PARKER I ROSEN April 25, 2016 By Email ik]iwa 7a,edenprairie.org Julie Klima City Planner City of Eden Prairie 8080 Mitchell Road Eden Prairie, Minnesota 55344 Re: Eden Prairie Senior Living 10220, 10240 & 10280 Hennepin Town Road Dear Ms. Klima: This will confirm our telephone conversation last week. As we continue to refine and enhance our project, we have concluded that additional time is needed to incorporate various changes into our plans and for staff to review the changes. Accordingly, we request that the public hearing on our application currently scheduled for May 3, 2016 be continued indefinitely. We will contact you to set up a meeting to review the revised plans. Thank you for your continued courtesy and cooperation. Very truly yours, ,r I Marrk . Kiperstin r , , • II Parker Rosen,LLC 880 Colwell Buiiding 123 North Third Street Minneapolis,MN 55401 www.pa rkerrosen.cor Tel 612 767 3000 Fax 612 767 3001 CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims May 03, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: X. Sue Kotchevar, Office of the Payment of Claims City Manager/Finance Requested Action Move to: Approve the Payment of Claims as submitted (roll call vote) Synopsis Checks 245719 - 246222 Wire Transfers 113660 - 1013876 Wire Transfers 5723 —5753 Purchasing card 5743 City of Eden Prairie Council Check Summary 5/3/2016 Division Amount Division Amount 36,300 601 Prairie Village Liquor 187,752 100 City Manager 293 602 Den Road Liquor 321,128 101 Legislative 28,670 603 Prairie View Liquor 211,149 102 Legal Counsel 24,113 605 Den Road Building 3,984 110 City Clerk 253 701 Water Fund 177,751 111 Customer Service 4,785 702 Sewer Fund 16,324 112 Human Resources 850 703 Storm Drainage Fund 48,604 113 Communications 8,863 Total Enterprise Fund 966,690 114 Benefits&Training 5,426 130 Assessing 600 803 Escrow Fund 1,215 131 Finance 7,952 806 SAC Agency Fund 69,580 132 Housing and Community Services 14,676 807 Benefits Fund 1,176,513 133 Planning 2,420 811 Property Insurance 7,068 136 Public Safety Communications 1,610 812 Fleet Internal Service 143,252 137 Economic Development 128 813 IT Internal Service 73,323 138 Community Development Admin. 179 814 Facilities Capital ISF 16,211 150 Park Administration 499 815 Facilites Operating ISF 45,248 151 Park Maintenance 20,711 816 Facilites City Center ISF 139,583 153 Organized Athletics 1,120 817 Facilites Comm.Center ISF 110,008 154 Community Center 30,596 Total Internal Svc/Agency Funds 1,782,002 156 Youth Programs 690 157 Special Events 124 Report Total 5,029,531 158 Senior Center 3,042 159 Recreation Administration 14,538 160 Therapeutic Recreation 244 162 Arts 3,308 163 Outdoor Center 2,553 168 Arts Center 1,695 180 Police 60,950 184 Fire 103,355 186 Inspections 5,230 200 Engineering 1,054 201 Street Maintenance 28,737 202 Street Lighting 141,550 Total General Fund 557,113 301 CDBG 34,550 303 Cemetary Operation 567 312 Recycle Rebate 105 Total Special Revenue Fund 35,222 308 E-911 271,181 309 DWI Forfeiture 1,217 314 Liquor Compliance 1,500 315 Economic Development 6,216 445 Cable PEG 14,150 502 Park Development 5,498 506 Improvment Bonds 1996 73 509 CIP Fund 80,635 522 Improvement Projects 2006 19,572 526 Transportation Fund 578 528 Shady Oak Rd-CR 61 North 2,364 529 Shady Oak Rd-CR 61 South 373,069 530 Pool Upgrade/Expansion 738,471 531 Eden Prairie Road 5,825 534 WEST 70TH ST.EXTENSION 134,615 535 TC Station/NS Road 228 536 General LRT 33,312 804 100 Year History 2 Total Capital Projects Fund 1,688,504 City of Eden Prairie Council Check Register by GL 5/3/2016 Check# Amount Supplier/Explanation Account Description Business Unit Comments 246191 695,291 RIM CONSTRUCTION INC Building Aquatics&Fitness Expansion Aquatics addition 245910 261,611 NEATON&PUKCLICH PLLP Right of Way&Easement Shady Oak Rd-CR 61 South Final acquisition for Shady Oak parcel 26-27 245764 255,243 HEALTHPARTNERS Accounts Receivable Health and Benefits Premiums April 2016 246008 254,489 INDEPENDENT EMERGENCY SERVICES LLC Equipment Repair&Maint E-911 Program New 911 system and maint. 5730 236,921 ULTIMATE SOFTWARE GROUP,THE Federal Taxes Withheld Health and Benefits Ultimate-payroll taxes 5746 234,728 ULTIMATE SOFTWARE GROUP,THE Federal Taxes Withheld Health and Benefits Ultimate-payroll taxes 5744 156,656 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA 5728 155,852 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA 245900 134,615 MEYER CONTRACTING,INC Improvement Contracts WEST 70TH ST.EXTENSION W 70th St.improvement estimate. 5733 105,737 MINNESOTA DEPT OF REVENUE Sales Tax Payable Historical Culture Mn Dept of Rev-sales tax 1013816 94,595 XCEL ENERGY Electric City Hall-CAM 246118 93,653 C S MCCROSSAN CONSTRUCTION INC Improvement Contracts Shady Oak Rd-CR 61 South 1013876 84,750 XCEL ENERGY Electric Flying Cloud Off Leash Park 1013708 74,475 XCEL ENERGY Electric Street Lighting 1013860 62,483 MOTOROLA Supplies-General Bldg Public Safety Communications 246045 59,347 NORTH CENTRAL BUS AND EQUIPMENT CO.INC Autos Park and Recreation 246155 58,133 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store 246170 56,583 METROPOLITAN COUNCIL Other Revenue SAC Agency Fund 245772 51,431 INDEPENDENT SCHOOL DISTRICT 272 CAM School City Hall-CAM 5727 46,544 USBANCORP Principal Fire 5743 43,480 US BANK Repair&Maint.Supplies General Fund 246012 40,260 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store 245893 37,019 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store 1013870 36,021 SRF CONSULTING GROUP INC Design&Engineering Storm Drainage 1013681 33,776 CENTERPOINT ENERGY SERVICES INC Gas Water Treatment Plant 246028 33,540 METRO TRANSIT Design&Engineering TC Station/NS Road 245940 32,611 VIDEOTRONIX INC Supplies-Security Aquatics&Fitness Expansion 1013855 31,520 LOGIS Network Support IT Operating 1013846 26,748 DIVERSE BUILDING MAINTENANCE Janitor Service Prairie Village Liquor Store 246043 26,055 NELSON AUTO CENTER,INC Autos Police 1013686 25,532 HANSEN THORP PELLINEN OLSON Design&Engineering Capital Impr/Maint Fixed 246196 24,759 SOUTHERN WINE&SPIRITS OF MN Liquor Product Received Prairie View Liquor Store 246162 24,113 LEAGUE MN CITIES INS TRUST Legal Legal Council 245929 23,916 SOUTHERN WINE&SPIRITS OF MN Liquor Product Received Prairie View Liquor Store 1013737 23,429 DIVERSE BUILDING MAINTENANCE Janitor Service Public Works/Parks 246011 22,731 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store 245756 22,443 EXECUTIVE TITLE Refunds CDBG-Public Service 5732 22,141 EMPOWER Deferred Compensation Health and Benefits 5748 21,920 EMPOWER Deferred Compensation Health and Benefits 1013684 21,908 ENVIRONMENTAL PROCESS INC Other Contracted Services Facilities Capital 245769 20,030 I-494 CORRIDOR COMMISSION TREASURER Dues&Subscriptions City Council 245780 19,826 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store 245961 19,760 BLUE WATER SCIENCE Other Contracted Services Storm Drainage 246184 19,742 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store 245834 18,592 ABM ONSITE SERVICES-MIDWEST Cleaning Supplies Utility Operations-General 246114 17,629 BREAKTHRU BEVERAGE MINNESOTA WINE&SPIR Liquor Product Received Prairie View Liquor Store 245892 16,975 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store 1013872 16,952 THORPE DISTRIBUTING Liquor Product Received Prairie View Liquor Store 1013749 16,829 PARROTT CONTRACTING INC Equipment Repair&Maint Water System Maintenance 5731 16,769 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits 246053 16,734 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store 245851 16,644 BREAKTHRU BEVERAGE MINNESOTA WINE&SPIR Liquor Product Received Prairie View Liquor Store 5747 16,322 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits Check# Amount Supplier/Explanation Account Description Business Unit Comments 245779 15,659 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store 1013743 15,427 MENARDS Equipment Repair&Maint Street Maintenance 246189 15,328 REHBEIN'S AGRICULTURAL SERVICES Lime Residual Removal Water Treatment Plant 245878 15,321 HENNEPIN COUNTY TREASURER Licenses,Permits,Taxes Capital Impr./Maint.Fund 5737 14,459 LIFE INSURANCE COMPANY OF NORTH AMERICA Life Insurance EE/ER Health and Benefits 245817 13,979 SOUTHERN WINE&SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store 246066 13,866 SOUTHERN WINE&SPIRITS OF MN Liquor-Incentives Prairie Village Liquor Store 246214 13,727 WASHINGTON COUNTY Other Assets E-911 Program 245886 13,629 HOUSE OF PRINT Printing Community Brochure 245973 13,500 CLIFTONLARSONALLEN LLP Audit&Financial Finance 245965 13,358 BREAKTHRU BEVERAGE MINNESOTA BEER LLC Liquor Product Received Prairie Village Liquor Store 1013850 13,194 GENUINE PARTS COMPANY Equipment Parts Fleet Operating 245897 13,148 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating 246113 13,125 BREAKTHRU BEVERAGE MINNESOTA BEER LLC Liquor Product Received Prairie View Liquor Store 245958 13,000 AVI SYSTEMS INC Other Contracted Services Cable PEG 245869 12,920 FIRE SAFETY USA INC Small Tools Fire 245814 12,904 SHORT ELLIOTT HENDRICKSON INC Design&Engineering Improvement Projects 2006 1013682 12,130 CORVAL CONSTRUCTORS INC Equipment Repair&Maint Water Treatment Plant 1013754 12,051 THORPE DISTRIBUTING Liquor Product Received Prairie Village Liquor Store 5738 11,946 RADIANT SYSTEMS Bank and Service Charges Prairie View Liquor Store 1013702 11,903 THORPE DISTRIBUTING Liquor Product Received Prairie Village Liquor Store 5740 11,817 US BANK-CREDIT CARD MERCHANT ONLY Bank and Service Charges Finance 246154 11,198 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store 245726 11,100 BAKER Other Contracted Services Prairie Village Liquor Store 245966 10,823 BREAKTHRU BEVERAGE MINNESOTA WINE&SPIR Liquor Product Received Prairie Village Liquor Store 245952 10,521 ACCELERATED TECHNOLOGIES LLC Building Community Center Admin 1013675 10,331 VAN PAPER COMPANY Waste Disposal Fitness/Conference-Cmty Ctr 245850 10,184 BREAKTHRU BEVERAGE MINNESOTA BEER LLC Liquor Product Received Prairie View Liquor Store 1013805 9,892 KUSTOM SIGNALS INC Capital Under$25,000 Police 5735 9,545 GENESIS EMPLOYEE BENEFITS,INC HSA Health and Benefits 246015 9,500 KLM ENGINEERING INC Design&Engineering Water Capital 1013751 9,437 PRAIRIE ELECTRIC COMPANY Building Repair&Maint. City Hall-CAM 245918 9,300 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store 5724 8,905 GENESIS EMPLOYEE BENEFITS,INC HSA-Employer Health and Benefits 5750 8,895 SELECT ACCOUNT HSA-Employer Health and Benefits 246024 8,518 MACQUEEN EQUIPMENT INC Equipment Parts Utility Operations-General 245733 8,502 BREAKTHRU BEVERAGE MINNESOTA WINE&SPIR Liquor Product Received Prairie View Liquor Store 1013680 8,447 CDW GOVERNMENT INC. Hardware-Rpr&Mtc IT Operating 246059 8,375 PROP Other Contracted Services Housing and Community Service 245873 8,340 GRAYMONT Treatment Chemicals Water Treatment Plant 246143 8,261 GRAYMONT Treatment Chemicals Water Treatment Plant 246222 8,105 SOUTHWEST SUBURBAN CABLE COMMISSION Dues&Subscriptions City Council 5751 7,826 SELECT ACCOUNT Other Deductions Health and Benefits 1013813 7,402 THORPE DISTRIBUTING Liquor Product Received Den Road Liquor Store 245801 7,361 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store 245835 6,924 ACE TRAILER SALES Autos Storm Capital 245732 6,755 BREAKTHRU BEVERAGE MINNESOTA BEER LLC Liquor Product Received Prairie Village Liquor Store 246216 6,326 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store 1013692 6,289 METRO SALES INCORPORATED* Other Rentals IT Operating 245758 6,263 GALE-TEC ENGINEERING INC Design&Engineering Storm Drainage 246062 6,250 RIGHTLINE DESIGN LLC Other Contracted Services Communications 245947 6,216 DORSEY&WHITNEY LLP Other Contracted Services TIF-COLUMBINE ROAD HOUSING 5726 5,860 GENESIS EMPLOYEE BENEFITS,INC Disability Ins Employers Health and Benefits 246212 5,781 VERIZON WIRELESS Other Contracted Services IT Operating 246131 5,720 EARL F ANDERSEN INC Operating Supplies Traffic Signs 246163 5,703 LEAGUE MN CITIES INS TRUST Insurance Property Insurance 5739 5,587 AMERICAN EXPRESS Bank and Service Charges Inspections-Administration Check# Amount Supplier/Explanation Account Description Business Unit Comments 5741 5,512 SAGE PAYMENT SOLUTIONS Bank and Service Charges Sewer Utility-General 245944 5,482 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store 5749 5,330 CITY OF EDEN PRAIRIE FIRE RELIEF Fire Relief Pension Payment Fire 245766 5,250 HENNEPIN COUNTY MEDICAL CENTER Tuition Reimbursement/School Police 1013759 4,890 XCEL ENERGY Electric Water Wells 1013687 4,788 HAWKINS INC Treatment Chemicals Water Treatment Plant 246051 4,771 PAUSTIS&SONS COMPANY Liquor Product Received Den Road Liquor Store 246134 4,557 EXPLORER POST 925 Miscellaneous Reserves 245921 4,542 PROP Refunds CDBG-Public Service 1013752 4,535 SHI CORP Hardware-Rpr&Mtc IT Operating 245724 4,345 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store 246148 4,140 HENNEPIN COUNTY MEDICAL CENTER Tuition Reimb-College Dept Tra Fire 1013843 4,140 CENTERPOINT ENERGY Gas Water Treatment Plant 245763 4,135 GRAYMONT Treatment Chemicals Water Treatment Plant 1013815 4,109 WINE COMPANY,THE Liquor Product Received Prairie Village Liquor Store 245990 4,105 GRAYMONT Treatment Chemicals Water Treatment Plant 1013791 4,037 CDW GOVERNMENT INC. Computers-Monitors IT Capital 1013784 3,958 VAN PAPER COMPANY Cleaning Supplies Outdoor Center Facilities 245969 3,956 CARVER COUNTY LICENSE CENTER Licenses&Taxes Park and Recreation 246087 3,907 CENTURYLINK Telephone Cummins Grill 246135 3,797 FIRE SAFETY USA INC Small Tools Fire 245992 3,779 HEALTHPARTNERS Health&Fitness Fire 245887 3,726 IMPACT PROVEN SOLUTIONS Other Contracted Services Environmental Education 245825 3,710 VIDEOTRONIX INC Equipment Repair&Maint Public Safety Communications 245981 3,565 ESCH CONSTRUCTION SUPPLY INC Building Materials Street Maintenance 245828 3,556 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store 246009 3,544 INTERTECH INC Contract Development IT Operating 246126 3,535 COMMUNITY ACTION PARTNERSHIP Refunds CDBG-Public Service 1013871 3,472 STREICHERS Clothing&Uniforms Police 245800 3,426 PAUSTIS&SONS COMPANY Liquor Product Received Prairie Village Liquor Store 246020 3,320 LANO EQUIPMENT OF NORWOOD Capital Under$25,000 Fleet Operating 1013835 3,283 VINOCOPIA Liquor Product Received Prairie View Liquor Store 246000 3,281 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store 246040 3,250 MOVEFWD INC Other Contracted Services Housing and Community Service 1013792 3,220 DAKOTA SUPPLY GROUP INC Merchandise for Resale Water Metering 246177 3,181 NAC Supplies-HVAC City Hall-CAM 246183 3,117 PAUSTIS&SONS COMPANY Liquor Product Received Prairie View Liquor Store 246158 3,113 KEEPRS INC. Clothing&Uniforms Fire 246100 3,025 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store 245949 3,015 3D SPECIALTIES Signs Capital Maint.&Reinvestment 246206 3,000 TWIN CITIES PUBLIC TELEVISION Refunds CDBG-Public Service 1013700 3,000 ST CROIX ENVIRONMENTAL INC OCS-Well Field Mgmt Water Wells 1013736 2,994 DAKOTA SUPPLY GROUP INC Repair&Maint.Supplies Water Metering 246038 2,941 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Riley Lake 1013750 2,924 POMP'S TIRE SERVICE INC Tires Fleet Operating 245876 2,883 HENNEPIN COUNTY MEDICAL CENTER EMS Supplies-EMS Supplies Police 1013777 2,875 GREENSIDE INC Contract Svcs-Snow Removal City Hall-CAM 246109 2,851 BERNICK'S WINE Liquor Product Received Prairie View Liquor Store 1013753 2,840 STREICHERS Clothing&Uniforms Police 246207 2,805 ULTIMATE SOFTWARE GROUP,THE Ultimate(prey.Ceridian) IT Operating 246213 2,751 VIDEOTROND{INC Equipment Repair&Maint E-911 Program 245955 2,695 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store 246149 2,675 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store 245805 2,674 PRECISION FINISHING Signs Traffic Signs 246084 2,653 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store 246058 2,650 PRINT SOURCE MINNESOTA Advertising Prairie Village Liquor Store 246140 2,628 GENERAL OFFICE PRODUCTS COMPANY Supplies-General Bldg Fire Station#1 Check# Amount Supplier/Explanation Account Description Business Unit Comments 245778 2,571 JENEKA,LLC Den Road Bldg-Tenant#2 Encr Den Bldg.-CAM 246108 2,564 Bent Creek Golf Club Miscellaneous Reserves 245915 2,545 PAUSTIS&SONS COMPANY Liquor Product Received Prairie View Liquor Store 1013793 2,522 DREW'S CONCESSIONS LLC Merchandise for Resale Concessions 245753 2,490 DPC INDUSTRIES INC Treatment Chemicals Water Treatment Plant 246067 2,371 SOUTHWEST NEWS MEDIA Printing Communications 246204 2,353 TARGETSOLUTIONS LEARNING,LLC Training Supply-Operating Fire 245750 2,325 DAVE'S FLOOR SANDING&INSTALLING INC Contract Svcs-General Bldg Dunn Brothers 1013834 2,319 VAN PAPER COMPANY Tenant 1-Janitor Service Fire Station#2 1013790 2,309 ADVANCED ENGINEERING&ENVIRONMENTAL SE Process Control Services Sewer Liftstation 1013676 2,288 VINOCOPIA Liquor Product Received Prairie Village Liquor Store 246157 2,272 KEEPERS Clothing&Uniforms Fire 245783 2,200 LAKELAND ENGINEERING EQUIP CO Repair&Maint.Supplies Purgatory Creek Park 245875 2,196 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Board of Prisoner Police 245757 2,100 FIRE SAFETY USA INC Equipment Repair&Maint Fire 245767 2,087 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store 1013701 2,059 STREICHERS Training Supplies Police 245838 2,055 ANDERBERG INNOVATIVE PRINT SOLUTIONS INC Printing Police 246005 2,043 HYDRO-VAC INC Equipment Repair&Maint Storm Drainage 1013707 2,008 WINE COMPANY,THE Liquor Product Received Prairie Village Liquor Store 246171 2,002 MIDWEST COCA COLA BOTTLING COMPANY Liquor Product Received Concessions 245883 1,990 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store 245877 1,980 HENNEPIN COUNTY TREASURER Licenses&Taxes Riley House 245905 1,978 MINNESOTA PIPE AND EQUIPMENT* Equipment Parts Water System Maintenance 1013694 1,962 POMP'S TIRE SERVICE INC Tires Fleet Operating 1013796 1,934 FILTRATION SYSTEMS Supplies-HVAC Fitness/Conference-Cmty Ctr 1013728 1,919 VAN PAPER COMPANY Waste Disposal Fitness/Conference-Cmty Ctr 245774 1,910 INTERNATIONAL UNION OF OPERATING Union Dues Withheld Health and Benefits 1013842 1,867 CDW GOVERNMENT INC. Software Maintenance IT Operating 1013831 1,802 SACKETT,MATTHEW Tuition Reimbursement/School Organizational Services 1013735 1,801 CENTERPOINT ENERGY Gas Prairie View Liquor Store 1013685 1,740 GRAINGER Supplies-General Bldg Senior Center 246117 1,710 BUREAU OF CRIMINAL APPREHENSION Software Maintenance IT Operating 1013758 1,694 WINE COMPANY,THE Liquor Product Received Prairie View Liquor Store 1013837 1,692 ADVANCED ENGINEERING&ENVIRONMENTAL SE Design&Engineering Storm Drainage 245793 1,670 MUSIC THEATRE INTERNATIONAL Licenses,Permits,Taxes Summer Theatre 246198 1,669 SPOK,INC. Pager&Cell Phone IT Operating 246201 1,628 STATE OF MINNESOTA Autos Police 1013740 1,619 GRAINGER Repair&Maint.Supplies Pool Maintenance 245730 1,612 BOURGET IMPORTS Liquor Product Received Prairie Village Liquor Store 1013691 1,567 METRO ELEVATOR INC Contract Svcs-Elevator City Hall-CAM 245846 1,535 BERNICK'S WINE Liquor Product Received Prairie View Liquor Store 245899 1,500 MEALS ON WHEELS Other Contracted Services Housing and Community Service 245917 1,500 PETTY CASH-POLICE DEPT Miscellaneous Liquor Compliance 246076 1,495 TYLER TECHNOLOGIES INC Conference/Training IT Operating 246101 1,492 ARVIG Fiber Lease Payments IT Operating 1013733 1,485 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store 245956 1,484 ASPEN MILLS Clothing&Uniforms Fire 1013857 1,450 MENARDS Supplies-General Building Police City Center 246050 1,445 PATHFINDER CRM,LLC Other Contracted Services Heritage Preservation 246055 1,408 PLASTIC BAG MART Liquor Product Received Prairie Village Liquor Store 1013730 1,406 VINOCOPIA Liquor Product Received Prairie View Liquor Store 246001 1,375 HOMELINE Other Contracted Services Housing and Community Service 246164 1,365 LEAGUE MN CITIES INS TRUST Insurance Property Insurance 246152 1,350 INTERTECH INC Contract Development IT Operating 245729 1,290 BETHEL UNIVERSITY Tuition Reimbursement/School Fire 245866 1,289 ENVIRONMENTAL EQUIPMENT&SERVICES Equipment Parts Fleet Operating Check# Amount Supplier/Explanation Account Description Business Unit Comments 1013693 1,278 NUCO2 INC Supplies-Pool Pool Maintenance 245964 1,255 BOURGET IMPORTS Liquor Product Received Prairie Village Liquor Store 246194 1,250 SHELBY DON Other Contracted Services Senior Center Programs 245896 1,244 LANGADVERTISING&DESIGN Other Contracted Services Prairie Village Liquor Store 1013678 1,207 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store 246127 1,207 COSTCO Operating Supplies Street Maintenance 246071 1,200 SUBURBAN WILDLIFE CONTROL INC Equipment Repair&Maint Storm Drainage 246086 1,200 XTREME INTEGRATION Supplies-General Building Fleet Operating 1013667 1,196 INTOXIMETERS Miscellaneous DWI Forfeiture 1013819 1,188 CLAREY'S SAFETY EQUIPMENT Equipment Repair&Maint Sewer System Maintenance 1013861 1,181 MTI DISTRIBUTING INC Equipment Parts Park Maintenance 245841 1,164 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store 245786 1,148 MIDWEST COCA COLA BOTTLING COMPANY Liquor Product Received Concessions 245920 1,092 PRAIRIEVIEW RETAIL LLC Other Contracted Services Prairie View Liquor Store 1013808 1,088 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 245781 1,035 KEEPRS INC. Clothing&Uniforms Fire 245794 1,007 NGUYEN FAMILY INC/DBA LOTUS NAILS SPA Den Road Bldg-Tenant#1 Lotus Den Bldg.-CAM 1013695 1,002 PRAIRIE ELECTRIC COMPANY Supplies-Electrical Fitness/Conference-Cmty Ctr 245904 1,000 MINNESOTA HOUSING PARTNERSHIP Refunds CDBG-Public Service 1013710 999 BOUNDLESS NETWORK Operating Supplies Pool Operations 1013705 996 WALL TRENDS INC Contract Svcs-General Bldg Pool Maintenance 1013875 989 WINE COMPANY,THE Liquor Product Received Prairie View Liquor Store 245855 988 CENTURYLINK Telephone IT Operating 1013841 984 BIFFS INC Other Contracted Services Park Maintenance 1013741 979 GRANICUS INC Equipment Repair&Maint Cable PEG 1013771 962 CLAREY'S SAFETY EQUIPMENT Equipment Repair&Maint Sewer System Maintenance 245970 961 CEMSTONE CONTRACTOR SUPPLY Repair&Maint.Supplies Utility Operations-General 246042 943 NAC Contract Svcs-Plumbing Fire Station#1 246060 929 RANDY'S ENVIRONMENTAL SERVICES Waste Disposal City Hall-CAM 1013786 922 VINOCOPIA Liquor Product Received Prairie Village Liquor Store 1013858 909 METRO SALES INCORPORATED* Office Supplies IT Operating 246200 909 STAPLES ADVANTAGE Office Supplies Customer Service 246138 901 FOREMOST PROMOTIONS Fire Prevention Supp-Pub Ed/PR Fire 245768 900 HOISINGTON KOEGLER GROUP INC Other Contracted Services Planning 246168 900 MARTIN-MCALLISTER Employment Support Test Organizational Services 246202 900 SUBURBAN WILDLIFE CONTROL INC Equipment Repair&Maint Storm Drainage 246096 896 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Fire 1013840 886 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store 1013746 873 OENO'S DISTRIBUTION Liquor Product Received Prairie View Liquor Store 245865 851 EARL F ANDERSEN INC Signs Traffic Signs 246165 846 LEMKE LINDA Operating Supplies Fitness Classes 1013766 845 BRAUN INTERTEC CORPORATION Other Contracted Services Capital Maint.&Reinvestment 245721 843 AERO DRAPERY AND BLIND Contract Svcs-General Bldg Fire Station#3 1013820 838 CUSTOM HOSE TECH Equipment Repair&Maint Fleet Operating 1013747 825 OSI BATTERIES INC Operating Supplies Police 245967 817 BUDS POLICE SUPPLY Capital Under$25,000 Police 1013666 805 HANINK,KELLY Conference/Training Fire 1013836 803 YOUNGSTEDTS COLLISION CENTER Autos Police 245997 795 HILDI INC Audit&Financial Finance 1013794 780 ECM PUBLISHERS INC Employment Advertising Organizational Services 246139 779 GARELICK STEEL CO INC Equipment Parts Fleet Operating 245845 775 BCA/CRIMINAL JUSTICE TRAINING&EDUCATIO Tuition Reimbursement/School Police 245854 773 CARVER COUNTY LICENSE CENTER Autos Police 1013787 769 W P&R S MARS CO Operating Supplies Fleet Operating 245827 766 WHEELER LUMBER LLC Building Materials Street Maintenance 246190 747 RETROFIT COMPANIES,INC,THE Contract Svcs-Electrical Fitness/Conference-Cmty Ctr 245844 739 BAUHAUS BREW LABS,LLC Liquor Product Received Prairie View Liquor Store Check# Amount Supplier/Explanation Account Description Business Unit Comments 245983 724 FIRE SAFETY USA INC Protective Clothing Fire 245853 716 CALIFORNIA CONTRACTORS SUPPLIES INC Safety Supplies Utility Operations-General 246075 707 TURFWERKS Equipment Parts Fleet Operating 246141 705 GOPHER STATE ONE-CALL OCS-Leak Detection Utility Operations-General 1013800 703 HANSEN THORP PELLINEN OLSON Other Contracted Services Storm Drainage Projects 1013690 692 MENARDS Equipment Parts Facilities Staff 246006 679 INDEED BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store 245857 669 CINTAS CORPORATION #470 Cleaning Supplies Utility Operations-General 5752 668 SELECT ACCOUNT Other Contracted Services Health and Benefits 245737 661 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie Village Liquor Store 246002 650 HORIZON CPO SEMINARS Conference/Training Pool Maintenance 1013668 644 MINNESOTA CLAY CO.USA Lessons&Classes Arts Center 1013864 642 PARLEY LAKE WINERY Liquor Product Received Prairie View Liquor Store 246018 640 LAKE COUNTRY DOOR LLC Contract Svcs-General Bldg Public Works/Parks 5734 634 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Operating 1013854 632 LEROY JOB TRUCKING INC Other Contracted Services Animal Control 245911 623 OLSEN'S EMBROIDERY/COMPANY Safety Supplies Fleet Operating 1013824 617 HACH COMPANY Laboratory Chemicals Water Treatment Plant 1013802 614 HORIZON COMMERCIAL POOL SUPPLY Supplies-Pool Pool Maintenance 1013696 609 SHI CORP Software Maintenance IT Operating 245979 608 ENKI BREWING COMPANY INC Liquor Product Received Prairie Village Liquor Store 1013798 606 GRAINGER Supplies-Fire/Life/Safety Facilities Staff 1013732 605 ASPEN WASTE SYSTEMS INC. Waste Disposal Fleet Operating 1013731 605 YOUNGSTEDTS COLLISION CENTER Equipment Repair&Maint Fleet Operating 246178 604 NARTEC INC Operating Supplies Police 245976 603 E A SWEEN COMPANY Merchandise for Resale Concessions 245994 600 HENNEPIN COUNTY SHERIFF'S OFFICE Tuition Reimbursement/School Police 245996 600 HENNEPIN TECHNICAL COLLEGE Tuition Reimb-College Core Fire 245858 598 CITY OF SAINT PAUL Tuition Reimbursement/School Police 245765 596 HENNEPIN COUNTY I/T DEPT Equipment Repair&Maint Public Safety Communications 245980 594 ENVIRONMENTAL EQUIPMENT&SERVICES Equipment Repair&Maint Fleet Operating 246218 578 WORKS COMPUTING INC Hardware-Rpr&Mtc IT Operating 245864 576 E A SWEEN COMPANY Merchandise for Resale Concessions 1013866 574 PRAIRIE ELECTRIC COMPANY Equipment Repair&Maint Water Wells 246010 571 J H LARSON COMPANY Repair&Maint.Supplies Park Maintenance 246090 569 ACCELERATED TECHNOLOGIES LLC Building Aquatics&Fitness Expansion 1013677 563 ASPEN EQUIPMENT CO. Equipment Parts Fleet Operating 245748 558 CONSTRUCTION MATERIALS INC Repair&Maint.Supplies Street Maintenance 246120 558 CENTURYLINK Other Broadband Internet IT Telephone 245933 556 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions 245820 551 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 245749 550 D H EXCAVATING Other Contracted Services Pleasant Hill Cemetery 1013671 549 R&R SPECIALTIES OF WISCONSIN INC Supplies-Pool Ice Arena Maintenance 245872 548 GRAPE BEGINNINGS Liquor Product Received Prairie View Liquor Store 1013849 547 FORKLIFTS OF MINNESOTA INC Equipment Repair&Maint Utility Operations-General 1013745 545 NEW FRANCE WINE COMPANY Liquor Product Received Prairie View Liquor Store 1013833 543 THE OASIS GROUP Employee Assistance Organizational Services 245819 530 STAPLES ADVANTAGE Office Supplies Customer Service 245790 525 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Traffic Signals 1013783 523 TEKIELA,STAN Operating Supplies Outdoor Center 245815 510 SMALL LOT MN Liquor Product Received Prairie Village Liquor Store 245736 506 CHASKA VALLEY FAMILY THEATRE Special Event Fees Trips 245919 501 PRAIRIE LAWN AND GARDEN Repair&Maint.Supplies Park Maintenance 245830 500 PAINTERTAINMENT Special Event Fees Arts Center 245922 500 RAMSEY COUNTY SHERIFF'S OFFICE Deposits Escrow 1013760 497 ADAMS PEST CONTROL INC Contract Svcs-Pest Control Riley House 1013809 494 NUCO2 INC Repair&Maint.Supplies Pool Maintenance Check# Amount Supplier/Explanation Account Description Business Unit Comments 246089 494 PETTY CASH-POLICE DEPT Motor Fuels Reserves 245901 490 MIDWEST COCA COLA BOTTLING COMPANY Liquor Product Received Den Road Liquor Store 1013744 486 METRO SALES INCORPORATED* Equipment Rentals IT Operating 245843 481 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating 245802 481 PITNEY BOWES Postage Customer Service 246039 473 MOBILE RADIO ENGINEERING INC Equipment Repair&Maint Public Safety Communications 246167 473 MARCO INC Other Contracted Services IT Telephone 1013838 471 AMERITRAK Other Contracted Services Snow&Ice Control 1013779 469 METROPOLITAN FORD Equipment Repair&Maint Fleet Operating 246151 465 INDEED BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 245974 458 COSTCO Merchandise for Resale Fitness Classes 245829 450 XIGENT SOLUTIONS LLC Hardware-Rpr&Mtc IT Operating 246142 449 GRAPE BEGINNINGS Liquor Product Received Prairie View Liquor Store 246107 446 BECKER ARENA PRODUCTS INC Repair&Maint-Ice Rink Ice Arena Maintenance 245989 445 GRAPE BEGINNINGS Liquor Product Received Prairie Village Liquor Store 1013803 432 KIDCREATE STUDIO Instructor Service Arts Center 245909 428 NAC Contract Svcs-HVAC City Hall-CAM 246124 425 COMCAST Cable TV Fire 1013688 419 JEFFERSON FIRE&SAFETY INC Small Tools Fire 1013859 415 MINNESOTA ROADWAYS CO Patching Asphalt Street Maintenance 246220 413 Z WINES USA LLC Liquor Product Received Prairie View Liquor Store 1013712 408 CLAREY'S SAFETY EQUIPMENT Supplies-Fire/Life/Safety Den Road Liquor Store 1013748 402 PARLEY LAKE WINERY Liquor Product Received Prairie View Liquor Store 246128 400 CREATURE ENCOUNTERS INC Other Contracted Services Outdoor Center 246169 400 MEDICINE LAKE TOURS Special Event Fees Trips 246125 399 COMMERCIAL DOOR SYSTEMS INC Building Repair&Maint. Utility Operations-General 245808 397 RETROFIT COMPANIES,INC,THE Supplies-Electrical Facilities Staff 245924 397 RETROFIT COMPANIES,INC,THE Supplies-Electrical Fitness/Conference-Cmty Ctr 246048 397 PAPCO INC Cleaning Supplies Fitness/Conference-Cmty Ctr 246057 394 PRAIRIE LAWN AND GARDEN Equipment Repair&Maint Park Maintenance 1013847 390 ECM PUBLISHERS INC Employment Advertising Organizational Services 245806 385 PRINT SOURCE MINNESOTA Printing Arts in the Park 246068 384 SPIRIT APPAREL AND STUFF Clothing&Uniforms Community Center Admin 245782 375 LACKEY,SHARI Refunds Storm Drainage 246093 375 ADVANCED PUBLIC SAFETY INC Software Maintenance IT Operating 245735 373 CENTURYLINK Prepaid Expenses IT Telephone 1013804 371 KIDS TEAM TENNIS LLC Instructor Service Tennis 245908 370 MUEHLBAUER,THOMAS G Other Contracted Services Community Band 1013679 369 BOUND TREE MEDICAL LLC EMS Supplies-EMS Supplies Fire 1013812 369 STREICHERS Clothing&Uniforms Police 1013797 365 GRAFIX SHOPPE Autos Police 245912 365 ORGANIX SOLUTIONS Waste Disposal City Center Operations 1013669 362 PROSOURCE SUPPLY Supplies-Pool Fitness/Conference-Cmty Ctr 1013807 361 MENARDS Operating Supplies Park Maintenance 245818 360 SPORTS PRO LLC Equipment Repair&Maint Police 1013868 348 SCHWAB VOLLHABER LUBRATT SERVICE CORO Supplies-HVAC City Hall-CAM 1013852 347 JANEX INC Equipment Repair&Maint Fire 246137 346 FLYING CLOUD T/S#U70 Waste Disposal Park Maintenance 1013822 345 GREATAMERICA FINANCIAL SVCS Postage Customer Service 245867 340 EZ SHARP Operating Supplies Ice Operations 1013823 335 GREENSIDE INC Contract Svcs-Lawn Maint. City Hall-CAM 245810 335 RJM CONSTRUCTION INC Improvements to Land Capital Impr/Maint Fixed 246102 334 ASPEN MILLS Clothing&Uniforms Fire 1013757 333 WATSON CO INC,THE Merchandise for Resale Concessions 245927 327 SIGNSOURCE Supplies-General Bldg Fitness/Conference-Cmty Ctr 245939 326 VERIZON WIRELESS Telephone Park Maintenance 245879 325 HENNEPIN COUNTY TREASURER Licenses&Taxes Garden Room Repairs Check# Amount Supplier/Explanation Account Description Business Unit Comments 1013801 324 HD SUPPLY FACILITIES MAINTENANCE Supplies-General Bldg Fitness/Conference-Cmty Ctr 1013726 320 SHAMROCK GROUP,INC-ACE ICE Liquor Product Received Prairie View Liquor Store 246209 320 UNIVERSAL ATHLETIC SERVICES INC Awards Basketball 246078 320 UNIVERSAL ATHLETIC SERVICES INC Awards Broomball 1013663 319 CHEMSEARCH Contract Svcs-Ice Rink Ice Arena Maintenance 1013770 319 CHEMSEARCH Contract Svcs-Ice Rink Ice Arena Maintenance 1013683 317 EDEN PRAIRIE FIREFIGHTERS RELIEF ASSOC Union Dues Withheld Health and Benefits 246081 313 VAISALA Other Contracted Services Snow&Ice Control 5745 312 ULTIMATE SOFTWARE GROUP,THE Garnishment Withheld Health and Benefits 245870 311 GARELICK STEEL CO INC Equipment Parts Fleet Operating 245885 302 HOPKINS SCHOOL DISTRICT ISD270 Fiber Lease Payments IT Operating 246136 300 FLYING CLOUD ANIMAL HOSPITAL Canine Supplies Police 245731 300 BRAAKSMA DESIGN INC Other Contracted Services Arts 245785 300 LEMKE LINDA Training Supplies Community Center Admin 245948 300 RAMSEY COUNTY SHERIFFS OFFICE Deposits Escrow 246187 300 RAMSEY COUNTY SHERIFF'S OFFICE Deposits Escrow 245881 300 HENNESSY KARLA AR Utility Water Enterprise Fund 1013863 300 NORTH CENTRAL LABORATORIES Laboratory Chemicals Water Treatment Plant 1013699 299 SPS COMPANIES Equipment Repair&Maint Park Maintenance 1013778 297 HANINK,KELLY Travel Expense Fire 1013788 297 WHITE,BECKI Travel Expense Fire 1013781 295 PROSOURCE SUPPLY Cleaning Supplies Pool Maintenance 1013832 295 SHAMROCK GROUP,INC-ACE ICE Liquor Product Received Prairie View Liquor Store 245882 294 HERMAN'S LANDSCAPE Landscape Materials/Supp Storm Drainage 1013856 293 LUBRICATION TECHNOLOGIES INC Lubricants&Additives Fleet Operating 5729 291 ULTIMATE SOFTWARE GROUP,THE Garnishment Withheld Health and Benefits 1013874 291 US HEALTH WORKS MEDICAL GRP MN,PC Employment Support Test Organizational Services 245942 290 WHELEN ENGINEERING COMPANY,INC Equipment Repair&Maint Fleet Operating 246070 286 STAPLES ADVANTAGE Operating Supplies Customer Service 246122 280 COMCAST Other Broadband Internet IT Operating 1013711 280 CARLSTON,BRANDON Operating Supplies Police 246203 278 SUMMIT COMPANIES Operating Supplies Fire 246014 277 KEEPERS Clothing&Uniforms Animal Control 1013734 275 BOBBY&STEVE'S AUTO WORLD EDEN PRAIRIE Equipment Repair&Maint Police 246147 272 HD SUPPLY WATERWORKS LTD Equipment Repair&Maint Round Lake 245807 271 PROP-DO NOT USE United Way Withheld Health and Benefits 245823 270 TRILLIUM TOWER DEVELOPMENT INC Equipment Repair&Maint Public Safety Communications 246077 268 UNIFORMS UNLIMITED Clothing&Uniforms Animal Control 246111 267 BOURGET IMPORTS Liquor Product Received Prairie Village Liquor Store 245734 261 BROADWAY AWARDS Operating Supplies Reserves 1013709 260 BERRY COFFEE COMPANY Merchandise for Resale Concessions 5742 260 SAGE PAYMENT SOLUTIONS Bank and Service Charges Sewer Utility-General 245809 257 RIFFLAND SOLUTIONS Operating Supplies Storm Drainage 245727 255 BAUHAUS BREW LABS,LLC Liquor Product Received Prairie View Liquor Store 246197 253 SOUTHWEST NEWS MEDIA Legal Notices Publishing City Clerk 1013867 252 PREMIUM WATERS INC Operating Supplies-Water Fire 245957 250 ATOM Dues&Subscriptions Police 245930 248 STAPLES ADVANTAGE Office Supplies Customer Service 245747 243 COMMUNITY HEALTH CHARITIES OF MINNESOTA United Way Withheld Health and Benefits 1013851 241 GRAINGER Supplies-HVAC Purgatory Creek Park 245874 240 H&L MESABI Equipment Parts Fleet Operating 245938 240 ST.CROIX COUNTY SHERIFF'S OFFICE Training Supplies Police 245951 240 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 245796 238 OHNSORG TRUCK BODIES INC Equipment Parts Fleet Operating 245837 237 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Prairie Village Liquor Store 245977 232 EDEN PRAIRIE NOON ROTARY CLUB Dues&Subscriptions Police 1013689 228 MCNEILUS STEEL INC Repair&Maint.Supplies Storm Drainage Check# Amount Supplier/Explanation Account Description Business Unit Comments 245822 225 TRAFFIC CONTROL CORPORATION Small Tools Traffic Signals 246145 225 HARLEY CONSULTING&COACHING Conference/Training Finance 1013661 223 BERRY COFFEE COMPANY Merchandise for Resale Concessions 1013719 223 GREENSIDE INC Contract Svcs-Lawn Maint. City Hall-CAM 1013789 223 WOOD,CHRIS Tuition Reimbursement/School Police 1013662 222 BOUNDLESS NETWORK Operating Supplies Community Center Admin 245862 222 DAHL JASON&STACEY Refunds Environmental Education 245884 220 HOME DEPOT CREDIT SERVICES Supplies-General Bldg Dunn Brothers 1013782 219 QUALITY PROPANE Motor Fuels Fleet Operating 245742 219 COMCAST Cable TV Fire 1013785 217 VIK,LISA Travel Expense Police 246176 215 MRA-THE MANAGEMENT ASSOCIATION Other Contracted Services Organizational Services 246105 214 BAUHAUS BREW LABS,LLC Liquor Product Received Prairie Village Liquor Store 245868 213 FEDERAL SIGNAL CORPORATION Equipment Parts Fleet Operating 245803 210 PRAHA DISTRIBUTING Liquor Product Received Prairie Village Liquor Store 245795 210 NOKOMIS SHOE SHOP Clothing&Uniforms Inspections-Administration 1013723 207 PARK SUPPLY OF AMERICA INC Supplies-General Bldg Fire Station#1 245723 206 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Prairie Village Liquor Store 245863 206 DANA GOLDAMER Mileage&Parking Ice Show 1013818 205 BERTELSON TOTAL OFFICE SOLUTIONS Office Supplies Utility Operations-General 246199 205 SPORTS WORLD USA INC Equipment Repair&Maint Ice Operations 245925 203 SAFELITE FULFILLMENT INC Equipment Repair&Maint Fleet Operating 1013862 203 NEW FRANCE WINE COMPANY Liquor Product Received Prairie View Liquor Store 245842 202 ASPEN MILLS Protective Clothing Fire 246073 200 T-MOBILE USA Other Contracted Services Police 245804 200 PRAIRIE LAWN AND GARDEN Small Tools Utility Operations-General 245771 199 INDEED BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store 1013674 197 STREIFF,CHAD Conference/Training Police 1013670 193 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 1013672 190 SACKETT,MATTHEW Tuition Reimbursement/School Organizational Services 1013697 190 SOCIETY FOR HUMAN RESOURCE MANAGEMENT Dues&Subscriptions Human Resources 245894 189 KEEPRS INC. Clothing&Uniforms Police 1013660 185 BATTERIES PLUS Equipment Parts Fleet Operating 245962 182 BOB BARKER COMPANY Operating Supplies Police 245759 182 GARELICK STEEL CO INC Equipment Parts Fleet Operating 1013762 181 BERRY COFFEE COMPANY Merchandise for Resale Concessions 1013817 180 AMERICAN SOLUTIONS FOR BUSINESS Clothing&Uniforms Community Center Admin 1013865 180 POMP'S TIRE SERVICE INC Tires Fleet Operating 246110 178 BIOSYSTEMS Operating Supplies Fleet Operating 1013821 178 FASTENAL COMPANY Equipment Parts Fleet Operating 1013665 177 FASTENAL COMPANY Repair&Maint.Supplies Fleet Operating 1013806 177 MATHESON TRI-GAS INC Operating Supplies Fleet Operating 1013664 177 ESBENSEN,GEORGE Travel Expense Fire 245784 176 LAND EQUIPMENT INC Equipment Parts Fleet Operating 246132 175 EDEN PRAIRIE COMMUNITY EDUCATION Building Rental Community Band 1013755 173 US HEALTH WORKS MEDICAL GRP MN,PC Employment Support Test Organizational Services 246023 172 M R SIGN Operating Supplies Community Center Admin 1013799 171 GRANICUS INC Equipment Repair&Maint Cable PEG 1013727 170 TYRA-LUKENS,NANCY Mileage&Parking City Council 1013706 169 WESTWOOD PROFESSIONAL SERVICES INC Design&Engineering Improvement Projects 2006 245889 168 INDELCO PLASTICS CORP Repair&Maint.Supplies Purgatory Creek Park 1013742 167 HORIZON COMMERCIAL POOL SUPPLY Supplies-Pool Pool Maintenance 246029 165 MILLENDER LARRY Mileage&Parking Aquatics Admin. 246210 163 UNIVERSITY OF MINNESOTA,VMC Canine Supplies Police 246166 163 LIFE SUPPORT INNOVATIONS EMS Supplies Fire 1013829 161 PROSOURCE SUPPLY Cleaning Supplies Facilities Staff 245832 160 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs Check# Amount Supplier/Explanation Account Description Business Unit Comments 1013772 158 COX,KIM Travel Expense Fire 245954 155 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Prairie Village Liquor Store 245740 154 COMCAST Cable TV Fire 245739 153 COMCAST Cable TV Fire 245741 153 COMCAST Cable TV Fire 245856 151 CHANKASKA CREEK RANCH&WINERY,LLC Liquor Product Received Den Road Liquor Store 1013853 151 JEFFERSON FIRE&SAFETY INC Repair&Maint.Supplies Fire 1013769 151 CARLSTON,BRANDON Clothing&Uniforms Police 245932 150 STONE CHARLES Deposits-P&R Refunds Community Center Admin 245770 150 IACP Dues&Subscriptions Police 245773 150 INTEGRATED MANUFACTURING SOLUTIONS LLC Equipment Repair&Maint Water System Maintenance 246004 150 HOUTZ,STEPHEN J Other Contracted Services Summer Theatre 246041 150 MSANI Tuition Reimbursement/School Police 246160 150 LACKEY,SHARI Refunds Environmental Education 1013704 150 USA SECURITY Maintenance Contracts Water Treatment Plant 245959 148 BACAL,AGNIESZKA Operating Supplies Outdoor Center 246195 147 SONETICS CORPORATION Equipment Repair&Maint Public Safety Communications 5753 147 OPIUM HEALTH Other Contracted Services Health and Benefits 245776 146 J H LARSON COMPANY Repair&Maint.Supplies Staring Lake 245744 146 COMCAST Equipment Repair&Maint E-911 Program 1013756 145 WALL TRENDS INC Contract Svcs-General Bldg Police City Center 245935 144 TKO WINES,INC Liquor Product Received Den Road Liquor Store 1013763 142 BERTELSON TOTAL OFFICE SOLUTIONS Office Supplies Utility Operations-General 245760 140 GENERAL OFFICE PRODUCTS COMPANY Contract Svcs-General Bldg Senior Center 1013739 139 GINA MARIAS INC Operating Supplies Reserves 1013717 135 FASTENAL COMPANY Operating Supplies Fleet Operating 1013716 135 EIDE,CHRISTINA Conference/Training Community Center Admin 1013673 133 SHAMROCK GROUP,INC-ACE ICE Liquor Product Received Den Road Liquor Store 246133 132 EXECUTIVE OCEAN Employee Award Internal Events 246065 129 SITEONE LANDSCAPE SUPPLY,LLC Landscape Materials/Supp Park Maintenance 245888 128 INDEED BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 1013722 128 METROPOLITAN FORD Equipment Parts Fleet Operating 1013845 126 DAIKIN APPLIED Supplies-HVAC City Hall-CAM 1013873 126 ULINE Operating Supplies Police 5736 125 GENESIS EMPLOYEE BENEFITS,INC Other Contracted Services Health and Benefits 245916 125 PERFORMANCE KENNELS INC Training Supplies Police 1013825 125 HIGGINS,RYAN Mileage&Parking IT Operating 245840 124 ANDERSON MEREDITH Operating Supplies July 4th Celebration 245953 122 AFFILIATED EMERGENCY VETERINARY SERV Other Contracted Services Animal Control 245761 122 GENERAL PARTS LLC Supplies-Garden Room Garden Room Repairs 246056 120 PRAHA DISTRIBUTING Liquor Product Received Prairie Village Liquor Store 1013810 120 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical City Center Operations 1013715 119 DUNGAN,TRACY Mileage&Parking Concessions 245745 118 COMCAST Cable TV Fire 1013768 118 BROWN,KEVIN Training Supplies Police 246208 116 UNIFORMS UNLIMITED Clothing&Uniforms Animal Control 245791 115 MINT CONDITION DETAILING INC Equipment Repair&Maint Fleet Operating 245847 115 BLOOMINGTON,CITY OF Kennel Services Animal Control 245937 114 UNIFORMS UNLIMITED Clothing&Uniforms Animal Control 246159 113 KNIGHTLEY JENNIFER Deposits-P&R Refunds Community Center Admin 1013713 111 CUSTOM HOSE TECH Equipment Repair&Maint Fleet Operating 245995 111 HENNEPIN COUNTY TREASURER Waste Disposal Park Maintenance 1013725 110 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 245798 109 OXYGEN SERVICE COMPANY EMS Supplies-Oxygen Supplies Fire 246047 109 OXYGEN SERVICE COMPANY EMS Supplies-Oxygen Supplies Fire 1013698 109 SPRINT Computers IT Operating 1013869 109 SPS COMPANIES Supplies-Plumbing Fire Station#1 Check# Amount Supplier/Explanation Account Description Business Unit Comments 245752 108 DIRECTV Cable TV Community Center Admin 246153 105 JERRY'S ENTERPRISES INC Repair&Maint.Supplies Organizational Services 245833 105 AARP DRIVERS SAFETY Other Contracted Services Senior Center Admin 246185 105 PLEAA Licenses&Taxes Police 245831 105 M-R SIGN CO INC Operating Supplies Recycle Rebate 245725 105 AT&T MOBILITY Pager&Cell Phone Park Maintenance 245871 102 GENERAL OFFICE PRODUCTS COMPANY Supplies-General Building Pool Maintenance 1013721 101 LANZI,BOB Mileage&Parking Ice Admin. 245722 100 AMERICAN PRESSURE INC Repair&Maint.Supplies Water Treatment Plant 245797 100 OVERLINE,BARBRA DEJONGE Refunds Environmental Education 245811 100 ROMANZI,CATHERINE Refunds Environmental Education 245821 100 THIER STACY Refunds Environmental Education 245826 100 VONDERHARR,PATTY Refunds Environmental Education 245913 100 OUTDOOR ENVIRONMENTS INC Other Contracted Services Park Maintenance 245923 100 REILLY DAVID Refunds Environmental Education 245926 100 SCOTT LYNN Refunds Environmental Education 245950 100 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 245968 100 CARBALLO FERNANDO Refunds Environmental Education 245991 100 Guo Jiawei Deposits Community Center Admin 246016 100 Knoll Patricia Deposits Community Center Admin 246052 100 PETERSON KATHLEEN Deposits Community Center Admin 246173 100 MINNESOTA POLICE&PEACE OFFICERS ASSOC Dues&Subscriptions Police 246150 99 HOTSY MINNESOTA Equipment Parts Fleet Operating 1013718 98 FITZGERALD,MAUREEN Tuition Reimbursement/School Fitness Classes 245762 98 GRAPE BEGINNINGS Liquor Product Received Prairie Village Liquor Store 1013827 98 LINDAHL,DAVID Mileage&Parking Economic Development 245861 98 CONSTRUCTION MATERIALS INC Operating Supplies Street Maintenance 1013774 97 FAGNANT,SUSAN Operating Supplies Outdoor Center 1013811 96 SHERWIN WILLIAMS CO Operating Supplies Park Maintenance 246144 96 GROTH MUSIC Operating Supplies Community Band 246119 96 CARLSON TOM Deferred Revenue Housing Inspections 245812 95 SAFETY-KLEEN Building Repair&Maint. Utility Operations-General 246044 95 NOKOMIS SHOE SHOP Clothing&Uniforms Inspections-Administration 246215 95 WAYTEK INC Operating Supplies Park Maintenance 1013776 94 GOLDENSTEIN,JAMES Conference/Training IT Operating 5725 92 VANCO SERVICES Miscellaneous Community Center Admin 1013830 90 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 246099 90 ARNOLD CHRIS Deposits-P&R Refunds Community Center Admin 245849 90 BOURGET IMPORTS Liquor Product Received Prairie Village Liquor Store 245943 85 WILDER,LYNN AR Utility Water Enterprise Fund 246123 84 COMCAST Cable TV Fire 246130 84 E A SWEEN COMPANY Merchandise for Resale Concessions 246103 84 AT&T MOBILITY Pager&Cell Phone Water System Maintenance 1013795 80 FASTSIGNS Operating Supplies-Dept Events Fire 245934 80 TIMBERWALL LANDSCAPE&MASONRY PRODUCTS Repair&Maint.Supplies Senior Center 245813 80 SHEA ELIZABETH AR Utility Water Enterprise Fund 245945 80 WU,XIAOMING Deposits-P&R Refunds Community Center Admin 246025 80 MALIK SANJAY Deposits Community Center Admin 246026 80 McGrath Michelle M Deposits Community Center Admin 246205 80 TRIWEST RENOVATIONS INC AR Utility Water Enterprise Fund 245824 78 UNITED WAY United Way Withheld Health and Benefits 246088 78 CENTURYLINK Other Broadband Internet IT Operating 1013720 78 HUNT,JASON Training Supplies Police 245859 77 COBORNS Merchandise for Resale Concessions 246180 76 OMEGA INDUSTRIES Equipment Repair&Maint Park Maintenance 245775 75 IPMA-HR MN Conference/Training Human Resources 245880 75 HENNEPIN COUNTY TREASURER Operating Supplies-Escrow Planning Check# Amount Supplier/Explanation Account Description Business Unit Comments 246182 75 PAINTERTAINMENT Other Contracted Services Arts Center 246064 75 SHRED RIGHT Waste Disposal City Center Operations 245792 74 MNFIAM BOOK SALES Tuition Reimb-College Tuition Fire 1013767 73 BRINK,LORI Mileage&Parking Recreation Admin 245891 73 J H LARSON COMPANY Operating Supplies Park Maintenance 245839 72 ANDERSON JAMIE Deposits-P&R Refunds Community Center Admin 246129 72 DIVINSKI LINDA Deposits-P&R Refunds Community Center Admin 246049 70 PARK NICOLLET OPTICAL Equipment Parts Emergency Preparedness 245907 66 MINNESOTA WANNER COMPANY Equipment Parts Snow&Ice Control 1013729 65 VERLEY,VALERIE Mileage&Parking Community Center Admin 246106 65 BCA/CRIMINAL JUSTICE TRAINING&EDUCATIO Tuition Reimbursement/School Police 245946 64 ZHANG ELLEN Deposits-P&R Refunds Community Center Admin 245719 64 440400-NCPERS MINNESOTA PERA Health and Benefits 246003 64 HOSEK,KAROLINE Deposits-P&R Refunds Community Center Admin 246021 64 LEDUC MARGARET Deposits-P&R Refunds Community Center Admin 246054 64 PINCK MARLENE Deposits-P&R Refunds Community Center Admin 246174 63 MINNESOTA TROPHIES&GIFTS Operating Supplies Police 245848 63 BLUE TARP FINANCIAL INC Equipment Parts Sewer System Maintenance 1013780 62 PARK SUPPLY OF AMERICA INC Supplies-Plumbing Fitness/Conference-Cmty Ctr 246112 62 BRAZIL GREG AND ELIZABETH AR Utility Water Enterprise Fund 245816 62 Solem Nancy A Deposits-P&R Refunds Community Center Admin 245985 61 FLECK JAMIE Deposits Escrow 246080 60 Vaala Kathryn J Deposits Community Center Admin 246092 60 ADAMS,THOMAS&MAUREEN Deposits-P&R Refunds Community Center Admin 1013826 60 KRUEGER,MARK Operating Supplies Reserves 246175 60 MJOLSNESS ROBERT Operating Supplies Reserves 1013839 60 ANCHOR PAPER COMPANY Office Supplies Customer Service 246072 59 TIMBERWALL LANDSCAPE&MASONRY PRODUCTS Landscape Materials/Supp Senior Center 245788 57 MINNESOTA STATE FIRE CHIEFS ASSN Dues&Sub-Memberships Fire 246091 56 ACE TRAILER SALES Equipment Repair&Maint Fleet Operating 246181 55 OWENS,JOHN Deferred Revenue General Fund 245914 54 PARKER,MARCIE Deposits-P&R Refunds Community Center Admin 246146 54 HARRINGTON TODD Deposits-P&R Refunds Community Center Admin 245975 53 DIRECTV Cable TV Community Center Admin 245738 53 COMCAST Other Broadband Internet IT Operating 1013724 52 PROSOURCE SUPPLY Supplies-Fire/Life/Safety Pool Maintenance 245936 52 TURFWERKS Equipment Parts Fleet Operating 246027 50 MECA Dues&Subscriptions Street Maintenance 246063 50 ROSEMOUNT SAW&TOOL CO Equipment Repair&Maint Fleet Operating 245799 47 PARRAGUE DARLA AR Utility Water Enterprise Fund 1013738 46 FERRELLGAS Repair&Maint.Supplies Utility Operations-General 245972 46 CLEAN N PRESS MTKA Clothing&Uniforms Police 246034 45 MINNESOTA POLLUTION CONTROL AGENCY Licenses&Taxes Sewer Utility-General 246035 45 MINNESOTA POLLUTION CONTROL AGENCY Licenses&Taxes Sewer Utility-General 246036 45 MINNESOTA POLLUTION CONTROL AGENCY Licenses&Taxes Sewer Utility-General 245754 44 EDEN PRAIRIE FOUNDATION United Way Withheld Health and Benefits 246074 44 TOSTENSON,AARON Deposits Escrow 245941 43 Weinberger Nancy Deposits-P&R Refunds Community Center Admin 1013765 41 BOLD,PAULINE Operating Supplies Outdoor Center 245988 40 Gooding Patricia Deposits Community Center Admin 245998 40 Hiller Pamela S Deposits Community Center Admin 246017 40 KRAEMER KENNETH Deposits Community Center Admin 246019 40 LAMBERTY,DAVID Deposits Community Center Admin 246079 40 Urbanski John A Deposits Community Center Admin 246082 40 Veldkamp Dean E Deposits Community Center Admin 246085 40 WU,XIAOMING Deposits Community Center Admin 246094 40 AGRAWAL,SURYA Deposits-P&R Refunds Community Center Admin Check# Amount Supplier/Explanation Account Description Business Unit Comments 246161 40 Lauro Susanna E Deposits-P&R Refunds Community Center Admin 246192 40 ROONEY,PAUL&AUDREY Deposits-P&R Refunds Community Center Admin 246193 40 SCHLECK BRENT Deposits-P&R Refunds Community Center Admin 246219 40 YUAN,JIANPING Deposits-P&R Refunds Community Center Admin 246221 40 ZIEBOL,FRED Deposits-P&R Refunds Community Center Admin 245993 39 HENG KIM Deposits-P&R Refunds Community Center Admin 1013848 38 FERRELLGAS Repair&Maint.Supplies Water System Maintenance 245902 38 MINNEAPOLIS FINANCE DEPARTMENT Software Maintenance IT Operating 245755 37 EDEN PRAIRIE NEWS Dues&Subscriptions Communications 245777 37 JCB PRODUCTS Operating Supplies Fitness Center 1013775 35 FASTENAL COMPANY Signs Traffic Signs 245743 34 COMCAST Cable TV Fire 246037 33 MINNESOTA TROPHIES&GIFTS Operating Supplies Police 245928 33 SNAP-ON TOOLS Small Tools Fleet Operating 1013814 33 UPS Equipment Parts Prairie Village Liquor Store 246022 33 LIFE SUPPORT INNOVATIONS EMS Supplies-AED Fire 245787 32 MINNESOTA DEPT OF HEALTH Licenses&Taxes Water Treatment Plant 246031 32 MINNESOTA DEPT OF HEALTH Licenses&Taxes Water Treatment Plant 1013764 31 BOHNSACK,SUE Mileage&Parking Senior Center Admin 245728 31 BECKER ARENA PRODUCTS INC Repair&Maint-Ice Rink Ice Arena Maintenance 245898 30 MCPA Tuition Reimbursement/School Police 245960 30 BLUE TARP FINANCIAL INC Equipment Repair&Maint Street Maintenance 1013773 27 DAILEY DATA&ASSOCIATES Other Hardware Prairie Village Liquor Store 246046 25 OFFICE OF MN IT SERVICES Other Contracted Services Police 245890 25 IPMA-HR MN Dues&Subscriptions Human Resources 245903 25 MINNESOTA CHAPTER IAAI Dues&sub-Memberships Fire Inspections Admin 246032 23 MINNESOTA DEPT OF HEALTH Licenses&Taxes Water Treatment Plant 246033 23 MINNESOTA DEPT OF HEALTH Licenses&Taxes Water Treatment Plant 246172 23 MINNESOTA DEPT OF HEALTH Licenses&Taxes Water Treatment Plant 246095 22 AHLBERG MAREN Deposits-P&R Refunds Community Center Admin 245931 21 STATE OF MINNESOTA Miscellaneous DWI Forfeiture 245906 20 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Prairie Bluff Conservation 1013761 20 AMERICAN SOLUTIONS FOR BUSINESS Clothing&Uniforms Community Center Admin 245836 20 Ahmed Farhan Deposits Community Center Admin 245852 20 BROWN,SHELLY Deposits-P&R Refunds Community Center Admin 245963 20 BOLLIG,HARRIET Deposits Community Center Admin 245978 20 Eidem Kris Deposits Community Center Admin 245982 20 Firdaus Shadabi Deposits Community Center Admin 245986 20 Gabbert Barbara L Deposits Community Center Admin 245987 20 Gavin Mark Deposits Community Center Admin 245999 20 HOFFER,LINDA Deposits Community Center Admin 246030 20 MILLS DEBRA Deposits Community Center Admin 246061 20 Reinhardt-Sondrall Linda Deposits Community Center Admin 246069 20 SPRAGUE,LINDA Deposits Community Center Admin 246083 20 Wilson Lori J Deposits Community Center Admin 246097 20 ANDERSON YANMEI Deposits-P&R Refunds Community Center Admin 246104 20 BAKER MOLLY Deposits-P&R Refunds Community Center Admin 246116 20 BROWN,THOMAS D Deposits-P&R Refunds Community Center Admin 246179 20 OGAMBA LAVERNE Deposits-P&R Refunds Community Center Admin 246211 20 UTING,RODNEY Deposits-P&R Refunds Community Center Admin 246217 20 WOODARD,DALE Deposits-P&R Refunds Community Center Admin 246188 18 REGAN KELLEY Deposits-P&R Refunds Community Center Admin 245789 15 MINNESOTA TROPHIES&GIFTS Operating Supplies Police 246013 15 JOHNSON,JAMES Deposits Community Center Admin 246115 15 BRENNA WILLIAM Deposits-P&R Refunds Community Center Admin 246007 15 INDELCO PLASTICS CORP Repair&Maint.Supplies Round Lake 245746 13 COMCAST Cable TV Fire Check# Amount Supplier/Explanation Account Description Business Unit Comments 1013703 11 UPS Equipment Repair&Maint Public Safety Communications 246186 11 PRAIRIE LAWN AND GARDEN Equipment Repair&Maint Park Maintenance 245720 11 ACTIVAR PLASTIC PRODUCTS GROUP INC Repair&Maint.Supplies Water Treatment Plant 246098 10 ANDERSON,MARTHA Deposits-P&R Refunds Community Center Admin 246156 10 JOHNSTON,PHYLLIS Deposits-P&R Refunds Community Center Admin 245984 9 FISERV INC Bank and Service Charges Water Accounting 245895 5 LANDSTEINER,LINDA Deposits-P&R Refunds Community Center Admin 1013844 4 CONCRETE CUTTING&CORING INC Equipment Parts Street Maintenance 245860 3 COMCAST Cable TV Fire 246121 2 COMCAST Other Contracted Services Police 1013828 2 METROPOLITAN FORD Equipment Parts Fleet Operating 5,029,531 Grand Total City of Eden Prairie Purchasing Card Payment Report 5/3/2016 Amount Explanation Vendor Account Description Business Unit 2,094 US-displays ACCESS DISPLAY GROUP INC Capital Under$25,000 Den Road Liquor Store 1,762 US-Jan16 Bldg Surchgs DEPT OF LABOR&INDUSTRY Building Surcharge General Fund 1,400 US-trng-several employees SOTA Tuition Reimbursement/School Police 1,350 US-Dean Behl crime scene schoo BURNSVILLE,CITY OF Tuition Reimbursement/School Police 1,250 US-handgun trng TPCB INC Tuition Reimbursement/School Police 1,250 US-handgun trng TPCB INC Tuition Reimbursement/School Police 1,008 US-TV in lower lobby for facil AMAZON.COM Repair&Maint.Supplies City Center Operations 995 US-fleet conf UNIVERSITY OF WISCONSIN,MADIS Conference/Training Fleet Operating 975 US-parts SEALBOSS CORP Repair&Maint.Supplies Sewer System Maintenance 870 US-ping pong tables SEARS EDEN PRAIRIE Capital Under$25,000 Gymnasium(CC) 839 US-new metal locator POLLARD WATER Small Tools Water System Maintenance 800 US-rec admin printing PEACHJAR Printing Community Brochure 750 US-storm water trng jeff tony UNIVERSITY OF MINNESOTA Conference/Training Utility Operations-General 731 US-active 911 ACTIVE 911 INC Other Contracted Services Fire 714 US-supplies CARROT TOP Operating Supplies Fire 699 US-parts ENDEAVOR TOOL CO Small Tools Water System Maintenance 670 US-new bars GOPHER PERFORMANCE Capital Under$25,000 Fitness Center 650 US-Davis trng FBI-LEEDA Tuition Reimbursement/School Police 650 US-Vik trng FBI-LEEDA Tuition Reimbursement/School Police 645 US-construction site mgmt-rase UNIVERSITY OF MINNESOTA Conference/Training Storm Drainage 605 US-I Raser water utility mgmt HAMLINE UNIVERSITY Conference/Training Utility Operations-General 605 US-Adie water utility mgmt ins HAMLINE UNIVERSITY Conference/Training Utility Operations-General 600 US-fire st 2/3 move alarm pane CLOSED CIRCUIT SPECIALISTS INC Equipment Repair&Maint Public Safety Communications 597 US-freezer kit repair RIDGE TOOL COMPANY Equipment Repair&Maint Water System Maintenance 563 US-preschool table and chairs SCHOOL'S IN Capital Under$25,000 Outdoor Center 493 US-lights for streets PAYPAL INC Capital Under$25,000 Fleet Operating 481 US-ipad cases BEST BUY Repair&Maint. Supplies Utility Operations-General 450 US-conf-Good,Reichman,Andrew EVENTBRITE Tuition Reimbursement/School Police 446 US-Jan16 Bldg Surchgs DEPT OF LABOR&INDUSTRY Mechanical Surcharge General Fund 443 US-IWCE conf SUN COUNTRY Conference/Training Public Safety Communications 428 US-Fraud T Schultz APPLE.COM Deposits Escrow 395 US-annual membership ICE SKATING INSTITUTE Dues&Subscriptions Ice Lessons 375 US-monthly billing NIMBLE SCHEDULE Other Contracted Services Community Center Admin 372 US-30 day challenge LANDS END CORPORATE SALES Operating Supplies Special Events(CC) 370 US-C Suedbeck membership AMERICAN PAYROLL ASSOCIATION Dues&Subscriptions Human Resources 355 US-Morrow executive trng insti MINNESOTA CHIEFS OF POLICE ASS Tuition Reimbursement/School Police 338 US-cables MY CABLE MART Miscellaneous IT Operating 328 US-gateway fees NCR SPECIALTY Bank and Service Charges Den Road Liquor Store 327 US-tire chains WHEELCO Equipment Parts Fleet Operating 319 US-travel expense AMERICAN AIRLINES Travel Expense Fire 312 US-gym rental EDEN PRAIRIE SCHOOL DISTRICT Gym Rental Volleyball 300 US-training expense ENTERPRISE RENT-A-CAR Conference/Training Fire 290 US-ICC conf Carrane INTERNATIONAL CODE COUNCIL Tuition Reimbursement/School Fire Inspections Admin 285 US-indoor tri REALM PROMOTIONS Operating Supplies Special Events(CC) 285 US-member giveaway REALM PROMOTIONS Retention Program Community Center Admin 281 US-sign tools HOME DEPOT CREDIT SERVICES Small Tools Traffic Signs Amount Explanation Vendor Account Description Business Unit 268 US-new dryer-shop EDEN PRAIRIE APPLIANCE Repair&Maint. Supplies Utility Operations-General 264 US-boots-uniform acct BASS PRO SHOPS Clothing&Uniforms Police 260 US-IAAI conf buchanan IAAI Tuition Reimbursement/School Fire Inspections Admin 255 US-24 hr battery HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Water Treatment Plant 253 US-hardware-evience storage MICROSOFT CORPORATE Computers IT Operating 250 US-henn co chiefs assoc SURVEYMONKEY.COM Dues&Subscriptions Fire 250 US-erosion/storm water mgmt ce UNIVERSITY OF MINNESOTA Conference/Training Storm Drainage 249 US-operating-café GEHL FOODS Operating Supplies Concessions 243 US-microwave KATOM RESTAURNT SUPPLY Repair&Maint.Supplies City Center Operations 242 US-supplies MENARDS Repair&Maint.Supplies Flying Cloud Fields 240 US-sand blasting sand-sweeper MENARDS Equipment Repair&Maint Park Maintenance 240 US-sand blasting sand-sweeper MENARDS Equipment Repair&Maint Traffic Signs 240 US-Jan16 Bldg Surchgs DEPT OF LABOR&INDUSTRY Plumbing Surcharge General Fund 234 US-membership INT'L ASSOC OF FIRE CHIEFS Dues&Subscriptions Fire 228 US-supplies TOLL GAS AND WELDING SUPPLY Operating Supplies Park Maintenance 225 US-flight SUN COUNTRY Tuition Reimbursement/School Police 217 US-office supplies OFFICE DEPOT CREDIT PLAN Operating Supplies Water Metering 215 US-datacard color ribbon-EPCC AMAZON.COM Process Control Equipment IT Operating 214 US-parts RG DAVIS AND CO Repair&Maint.Supplies Water Treatment Plant 209 US-gateway fees NCR SPECIALTY Bank and Service Charges Prairie Village Liquor Store 203 US-police gear LA POLICE GEAR Training Supplies Police 200 US-MCFOA conf MCFOA Deposits Escrow 200 US-training resource PAYPAL INC Dues&Subscriptions Youth Programs Admin 195 US-forestry education UNIVERSITY OF MINNESOTA Conference/Training Tree Disease 195 US-P8 modeling class D Modrow UNIVERSITY OF MINNESOTA Conference/Training Engineering 195 US-holsters AMAZON.COM Training Supplies Police 193 US-ripcord CABELA'S Training Supplies Police 191 US-plumbing code training manu CONTRACTOR RESOURCE Operating Supplies Inspections-Administration 190 US-C Ruzek membership SHRM MN STATE CONFERENCE Dues&Subscriptions Human Resources 180 US-club 204-brunswick outing BRUNSWICK BOWLING LANES Special Event Fees New Adaptive 180 US-aquatics conf CLUBASSISTANT.COM Conference/Training Aquatics Admin. 180 US-aquatics conf CLUBASSISTANT.COM Conference/Training Aquatics Admin. 176 US-department meeting-food CRUMB GOURMET DELI Miscellaneous Community Development Admin. 173 US-gateway fees NCR SPECIALTY Bank and Service Charges Prairie View Liquor Store 170 US-M Koivumaki conf EVENTBRITE Conference/Training Housing and Community Service 167 US-bank service charge PLUG N PAY Bank and Service Charges Community Center Admin 161 US-council workshop DAVANNI'S PIZZA Miscellaneous City Council 155 US-council workshop CRUMB GOURMET DELI Miscellaneous City Council 153 US-preschool trip TARGET CENTER Special Event Fees Community Center Admin 151 US-parts for 782 WALMART COMMUNITY Equipment Parts Fleet Operating 150 US-printer for Kelly H(fire) AMAZON.COM Office Supplies Fire 150 US-document protector TRAINER'S WAREHOUSE Operating Supplies Fire 144 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 140 US-bank service charge PLUG N PAY Bank and Service Charges Community Center Admin 135 US-parts CARROLL PARTS Repair&Maint.Supplies Water Treatment Plant 135 US-conf AWWA-MINNESOTA SECTION Tuition Reimbursement/School Water Treatment Plant 131 US-safety kit FULL SOURCE LLC Training Supplies Police 131 US-stamps SIMONS STAMP Operating Supplies Inspections-Administration 123 US-parts CARROLL PARTS Repair&Maint.Supplies Water Treatment Plant 123 US-new employee lunch DAVANNI'S PIZZA Miscellaneous Administration Amount Explanation Vendor Account Description Business Unit 121 US-active 911 ACTIVE 911 INC Other Contracted Services Fire 120 US-pump school Andy G,Tony P MINNESOTA POLLUTION CONTROL AG Conference/Training Sewer Liftstation 120 US-30 day challenge CUTIESPIESCOUTURE.COM Operating Supplies Special Events(CC) 119 US-shop floor drains MENARDS Repair&Maint.Supplies Utility Operations-General 119 US-operating-café HOCKENBERGS Operating Supplies Concessions 113 US-shop supplies SJF MATERIAL HANDLING INC Repair&Maint.Supplies Utility Operations-General 112 US-group fit-fix body bars BODY BAR SYSTEMS,INC Equipment Repair&Maint Fitness Center 106 US-supplies for lifeguard stan HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Riley Lake 105 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 102 US-snacks TARGET Operating Supplies Skating Rinks/Warming Houses 102 US-lamp for micro-fiche reader SHEL/DON BUSINESS SOLUTIONS Operating Supplies Engineering 100 US-Sinell membership MAAO Dues&Subscriptions Assessing 100 US-Buswell membership MAAO Dues&Subscriptions Assessing 100 US-J Sams membership MAAO Dues&Subscriptions Assessing 100 US-J Pike membership MAAO Dues&Subscriptions Assessing 100 US-J Thompson membership MAAO Dues&Subscriptions Assessing 100 US-J Carlson membership MAAO Dues&Subscriptions Assessing 99 US-office supplies AMAZON.COM Office Supplies Police 99 US-case#8648-09mar16-fraud AMAZON.COM Deposits Escrow 96 US-comp mounting brackets-EPCC AMAZON.COM Computers IT Operating 92 US-sunshine fund J Pike BACHMANS CREDIT DEPT Deposits Escrow 88 US-flushing MENARDS Repair&Maint.Supplies Water System Maintenance 85 US-end of season broomball mtg GREEN MILL PLYMOUTH Operating Supplies Broomball 83 US-plastic mailbox MENARDS Building Materials Street Maintenance 81 US-fire alerting system B&H PHOTO Equipment Repair&Maint Public Safety Communications 79 US-maple syrup program MILLS FLEET FARM Operating Supplies Outdoor Center 77 US-indoor tri ANDON BALLOONS&SIGNS Operating Supplies Special Events(CC) 75 US-cleaning supplies MENARDS Cleaning Supplies Utility Operations-General 75 US-subscription MAGC Dues&Subscriptions Communications 75 US-MAGC Membership MAGC Dues&Subscriptions Communications 75 US-HTCIA membership HTCIA Tuition Reimbursement/School Police 75 US-dues/membership mn park and MPSTMA Dues&Subscriptions Park Maintenance 75 US-training MACIA Tuition Reimbursement/School Police 73 US-café food CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 73 US-receipt books DELUXE Operating Supplies Senior Center Admin 71 US-batteries BATTERY BROKERS Equipment Parts Fleet Operating 70 US-pavement school UNIVERSITY OF MINNESOTA Conference/Training Street Maintenance 70 US-pavement training UNIVERSITY OF MINNESOTA Conference/Training Street Maintenance 69 US-lodging SUPERIOR SHORES RESORT Travel Expense Water Treatment Plant 66 US-cash drawer mounting bracke AMAZON.COM Computers IT Operating 65 US-supplies ANCHOR PAPER COMPANY Operating Supplies Prairie Village Liquor Store 65 US-supplies ANCHOR PAPER COMPANY Operating Supplies Den Road Liquor Store 65 US-supplies ANCHOR PAPER COMPANY Operating Supplies Prairie View Liquor Store 63 US-pool lesson operating suppl AMAZON.COM Operating Supplies Pool Lessons 63 US-supplies STROBES N'MORE Equipment Parts Fleet Operating 63 US-mayors health and wellness BYERLYS Operating Supplies Parks Administration 60 US-training expense DELTA AIR Conference/Training Fire 60 US-membership renewal-kotcheva GOVERNMENT FINANCE OFFICERS AS Dues&Subscriptions Finance 60 US-membership renewal-wilson GOVERNMENT FINANCE OFFICERS AS Dues&Subscriptions Finance 60 US-2016 dues GOVERNMENT FINANCE OFFICERS AS Dues&Subscriptions Finance Amount Explanation Vendor Account Description Business Unit 60 US-mn park an dsports turf wor MPSTMA Conference/Training Park Maintenance 60 US-training PDHENGINEER.COM Conference/Training Engineering 59 US-training expense AMERICAN AIR SUPPLY Conference/Training Fire 58 US-shop supplies MENARDS Repair&Maint.Supplies Sewer Utility-General 58 US-misc parts MENARDS Repair&Maint.Supplies Water Treatment Plant 57 US-membership MINNESOTA FIRE CHIEFS ASSOCIAT Dues&Subscriptions Fire 56 US-staff trng/meeting GINA MARIAS INC Operating Supplies Community Center Admin 56 US-indoor tri CROWN TROPHY Operating Supplies Special Events(CC) 55 US-AP Styleguard subscription APBOOKSTORE.COM Dues&Subscriptions Communications 54 US-tools HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance 53 US-cleaner ZITCO Repair&Maint.Supplies Sewer Utility-General 52 US-café food SPORTS WORLD USA INC Merchandise for Resale Concessions 52 US-misc parts MENARDS Repair&Maint.Supplies Water Treatment Plant 50 US-aquatics conf US MASTERS SWIMMING Special Event Fees Aquatics Admin. 50 US-trng C Rock PAYPAL INC Tuition Reimbursement/School Police 50 US-office supplies AMAZON.COM Office Supplies Police 50 US-office supplies AMAZON.COM Office Supplies Police 50 US-indoor tri WALMART COMMUNITY Operating Supplies Special Events(CC) 49 US-café food CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 49 US-parts MAGNUM ELECTRONIS Equipment Parts Fleet Operating 48 US-toner cartridge FS# AMAZON.COM Process Control Equipment IT Operating 47 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 46 US-toner for LS 1 AMAZON.COM Process Control Equipment IT Operating 40 US-hydrant wrench MENARDS Repair&Maint.Supplies Water System Maintenance 40 US-food DAVANNI'S PIZZA Operating Supplies Ice Operations 40 US-UB recurring PAYPAL INC Bank and Service Charges Utility Operations-General 40 US-wireless keyboard-Denise C AMAZON.COM Computers IT Operating 39 US-emergency diapers TARGET Operating Supplies Day Care 39 US-café food KOWALSKI'S MARKET Merchandise for Resale Concessions 39 US-call response refreshments CARIBOU COFFEE Operating Supplies Police 38 US-training expense DELTA AIR Conference/Training Fire 38 US-fan blade RG DAVIS AND CO Repair&Maint.Supplies Water Treatment Plant 37 US-fleet/facilities YOYO DONUTS&COFFEE BAR Operating Supplies Fire 36 US-team sanction fee MINNESOTA RECREATION&PARK AS Special Event Fees Volleyball 36 US-shop supplies MENARDS Repair&Maint.Supplies Sewer Utility-General 36 US-morning coffee for jay KOWALSKI'S MARKET Operating Supplies Recreation Admin 36 US-council workshop CUB FOODS EDEN PRAIRIE Miscellaneous City Council 36 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 35 US-critter food PETCO Operating Supplies Outdoor Center 35 US-outdoor ctr trip EXXON Program Trips Outdoor Center 35 US-club 204 prog TARGET Operating Supplies New Adaptive 34 US-shop supplies MENARDS Operating Supplies Park Maintenance 34 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 34 US-training unit MIDWAY USA Training Supplies Police 34 US-lumber for lifeguard stands HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Riley Lake 33 US-lunch mtg with volleyball o CRUMB GOURMET DELI Operating Supplies Volleyball 33 US-squad 214 EXXON Motor Fuels Fleet Operating 32 US-supplies JO-ANN FABRIC Clothing&Uniforms Winter Theatre 32 US-critter food PETCO Operating Supplies Outdoor Center 30 US-feb monthly meeting GOVERNMENT FINANCE OFFICERS AS Conference/Training Finance Amount Explanation Vendor Account Description Business Unit 30 US-chamber luncheon PAYPAL INC Conference/Training Economic Development 30 US-Operating costs OFFICE DEPOT CREDIT PLAN Operating Supplies Community Center Admin 30 US-new floor MENARDS Repair&Maint. Supplies Utility Operations-General 30 US-adaptive program-dining clu OLD CHICAGO RESTAURANT Operating Supplies New Adaptive 29 US-café food KOWALSKI'S MARKET Merchandise for Resale Concessions 29 US-winter play concessions CUB FOODS EDEN PRAIRIE Operating Supplies Winter Theatre 29 US-chalk board markers-refills WALMART COMMUNITY Operating Supplies Den Road Liquor Store 29 US-winter play CUB FOODS EDEN PRAIRIE Operating Supplies Winter Theatre 28 US-parts BDS Repair&Maint.Supplies Fire Station#1 28 US-batteries BATTERIES PLUS Repair&Maint.Supplies Water Treatment Plant 26 US-mounts,wrench-facilities AMAZON.COM Repair&Maint.Supplies City Center Operations 25 US-training expense DELTA AIR Conference/Training Fire 25 US-training expense DELTA AIR Conference/Training Fire 25 US-ice show enorsement ICE SKATING INSTITUTE Licenses,Permits,Taxes,Fees Ice Show 25 US-EPCC Operating OFFICE DEPOT CREDIT PLAN Operating Supplies Community Center Admin 25 US-extrication videos MOTOR CITY EXTRICATION Training Supplies Fire 25 US-new floor MENARDS Repair&Maint.Supplies Utility Operations-General 24 US-pop/supplies WALGREEN'S#5080 Operating Supplies Senior Center Admin 23 US-survival program FRATTALLONE'S/MINNETONKA ACE Operating Supplies Outdoor Center 23 US-quartermaster supply AMAZON.COM Operating Supplies Police 22 US-indoor tri FRATTALLONE'S/MINNETONKA ACE Operating Supplies Special Events(CC) 22 US-DOC tray-bldg inspections PRECISION ROLLER Process Control Equipment IT Operating 21 US-flying cloud candy shack MENARDS Repair&Maint.Supplies Flying Cloud Fields 21 US-metal for shop projects METAL SUPERMARKETS Repair&Maint.Supplies Sewer System Maintenance 21 US-supplies TARGET Office Supplies Senior Center Admin 21 US-drill bits for shop HOME DEPOT CREDIT SERVICES Repair&Maint. Supplies Water System Maintenance 20 US-outdoor ctr trip KWIK TRIP STORES Program Trips Outdoor Center 20 US-boiler license-B Peterson DEPT OF LABOR&INDUSTRY Licenses,Permits,Taxes,Fees Water Treatment Plant 20 US-EMS bag repair REPAIR LAIR EMS Supplies Fire 20 US-café food KOWALSKI'S MARKET Merchandise for Resale Concessions 20 US-UB online PAYPAL INC Bank and Service Charges Utility Operations-General 20 US-epermit web security PAYPAL INC Equipment Repair&Maint IT Operating 20 US-B Krebs degree verify NATIONAL STUDENT CLEARINGHOUSE Other Contracted Services Organizational Services 18 US-café food HOLIDAY STATION STORES INC Merchandise for Resale Concessions 18 US-charger 5.11 TACTICAL Equipment Parts Fleet Operating 18 US-shop supplies NORTHERN TOOL&EQUIPMENT Repair&Maint.Supplies Sewer Utility-General 18 US-hort mag for shop STATE BY STATE GARDENING Dues&Subscriptions Park Maintenance 16 US-Emilys drawing class MICHAELS-THE ARTS&CRAFTS S Operating Supplies Arts Center 16 US-hex wrench HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Water Treatment Plant 15 US-shop supplies NAPA AUTO PARTS Repair&Maint.Supplies Sewer Utility-General 14 US-connies adult bead class MENARDS Operating Supplies Arts Center 14 US-filter for shop vac MENARDS Repair&Maint.Supplies Utility Operations-General 14 US-ice packs AMAZON.COM Operating Supplies Athletic Programs Admin 14 US-operating supplies OFFICE DEPOT CREDIT PLAN Operating Supplies Community Center Admin 14 US-reserve calendar CALENDAR WIZ Operating Supplies Reserves 14 US-Govenors water summit-parki CAP CITY-DAILY Mileage&Parking Utility Operations-General 14 US-supplies GOODWILL CHANHASSEN Clothing&Uniforms Winter Theatre 14 US-chalk board markers WALMART COMMUNITY Operating Supplies Prairie Village Liquor Store 14 US-chalk board markers WALMART COMMUNITY Operating Supplies Prairie View Liquor Store 13 US-lumber for lifeguard stands HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Riley Lake Amount Explanation Vendor Account Description Business Unit 13 US-council workshop PARTY CITY Miscellaneous City Council 13 US-key tags AMAZON.COM Training Supplies Police 13 US-supplies BUREAU OF BUSINESS PRACTICE Repair&Maint. Supplies Sewer Utility-General 12 US-supplies HANCOCK FABRICS Operating Supplies Winter Theatre 12 US-shop supplies MENARDS Repair&Maint.Supplies Sewer Utility-General 10 US-venter fan blade RG DAVIS AND CO Repair&Maint.Supplies Water Treatment Plant 10 US-café food HOLIDAY STATION STORES INC Merchandise for Resale Concessions 10 US-Fraud T Schultz APPLE.COM Deposits Escrow 9 US-mounts,wrench-facilities AMAZON.COM Repair&Maint.Supplies City Center Operations 9 US-adult drawing class TRIARCO Operating Supplies Arts Center 9 US-boat pump AMAZON.COM Small Tools Fire 9 US-rock on ice event TARGET Operating Supplies Skating Rinks/Warming Houses 8 US-bench MENARDS Repair&Maint.Supplies Purgatory Creek Park 8 US-café food CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 8 US-paper cups AMAZON.COM Miscellaneous IT Operating 8 US-training resource AMAZON.COM Operating Supplies Youth Programs Admin 8 US-wire hook MENARDS Repair&Maint.Supplies Water Treatment Plant 7 US-supplies CUB FOODS EDEN PRAIRIE Operating Supplies Winter Theatre 7 US-talking shower RADIOSHACK Repair&Maint.Supplies Water Treatment Plant 6 US-water use report UNITED STATES POSTAL SERVICE Postage Water Treatment Plant 6 US-pest control products TARGET Operating Supplies Housing and Community Service 6 US-critter food CUB FOODS EDEN PRAIRIE Operating Supplies Outdoor Center 5 US-office remodel MENARDS Repair&Maint.Supplies Utility Operations-General 5 US-bday party supplies-art ctr MICHAELS-THE ARTS&CRAFTS S Operating Supplies Arts Center 4 US-shop supplies HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Sewer Utility-General 3 US-water for dept meeting WALGREEN'S#5080 Miscellaneous Community Development Admin. 2 US-switch ELECTRONIC CENTER Repair&Maint. Supplies Water Treatment Plant 1 US-supplies DOLLAR TREE STORES,INC. Operating Supplies Senior Center Admin -7 US-sales tax refund SHEL/DON BUSINESS SOLUTIONS Operating Supplies Engineering -8 US-McCarville CC fraud AMAZON.COM Deposits Escrow -15 US-return MENARDS Operating Supplies Park Maintenance -20 US-A Kalligher CC refund WOMEN IN LEISURE SERVICES Deposits Escrow -49 US-Jan16 Bldg Surchgs DEPT OF LABOR&INDUSTRY Other Revenue General Fund -91 US-McCarville CC fraud AMAZON.COM Deposits Escrow -108 US-refund DELTA AIR Tuition Reimbursement/School Police -149 US-refund-30 day challenge LANDS END CORPORATE SALES Operating Supplies Special Events(CC) -200 US-MCFOA conf MCFOA Deposits Escrow -225 US-boots-uniform acct BASS PRO SHOPS Clothing&Uniforms Police -500 US-McCarville CC fraud FURR'S BUFFET Deposits Escrow -605 US-refund HAMLINE UNIVERSITY Conference/Training Utility Operations-General -2,811 US-Purchasing Card Rebate US BANK Other Revenue General Fund 43,480 Report Total CITY COUNCIL AGENDA DATE: SECTION: Director of Public Works May 3, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: IEM NO.: XIV.E.1. Robert Ellis, Public Works Policy for vegetation management within the right-of-way and drainage, utility or trail easements Requested Action Move to: Adopt the policy for vegetation management within the right-of-way and drainage, utility or trail easements. Background Information The purpose of this policy is to provide for the safety and protection of right-of-way users and their property, to allow for the proper maintenance of roads, trails, sidewalks, and utilities, and to protect below ground and above ground utility infrastructure. This policy establishes standards that should be considered when pruning or removing vegetation which conflicts with intended uses of the right-of-way and drainage,utility or trail easements. Typical reasons the City prunes or removes vegetation within the right-of-way and drainage, utility or trail easements are: • A tree or tree limb has fallen on a street, trail, sidewalk, above ground utility or boulevard. • Vegetation is interfering with vehicles such as snow plow trucks, street sweepers, garbage trucks, school buses and pavement/utility maintenance equipment. • Vegetation is blocking adequate sight lines within an intersection sight triangle. • Vegetation is interfering with a right-of-way user's ability to see traffic signals and traffic signs, or is unduly blocking a street light. • Vegetation is preventing the ability to safely maintain or operate water, wastewater or stormwater infrastructure. • A tree is determined to be a hazardous tree by the City Forester because it endangers public health, safety or welfare. All vegetation pruning and removal done in accordance with this policy will be performed at no cost to the property owner. The procedures used for vegetation management within right-of-way and easements have also been included for the Council's information. Attachments • Policy(procedures included for Council's information) • Exhibits POLICY AND PROCEDURES FOR VEGETATIVE MANAGEMENT A. POLICY FOR VEGETATION MANAGEMENT WITHIN THE PUBLIC RIGHT- OF-WAY AND DRAINAGE, UTILITY OR TRAIL EASEMENTS 1. POLICY PURPOSE: The purpose of this policy concerning vegetation management, which includes pruning and removal of vegetation, is to provide for the safety and protection of right-of-way users and their property, to allow for the proper maintenance of roads, trails, sidewalks and utilities, and to protect below ground and above ground utility infrastructure. The City has limited employee and financial resources and cannot reasonably address all vegetation in need of pruning or removal. Vegetation management can be costly. Comprehensive vegetation surveys are expensive and require the use of limited resources including City personnel, finances, equipment and other resources. Accordingly, the Directors of the City departments that are responsible for vegetative management, the Director of Public Works and Director of Parks and Recreation Services (hereinafter collectively referred to as "Director") must exercise both discretion and professional judgment in determining whether and when to perform vegetation management. The City expects that its agents, employees, and City officials will exercise discretion in identifying conditions requiring pruning or removal of vegetation and in scheduling and establishing priorities for pruning and removal of vegetation. 2. ESTABLISHMENT OF VEGETATIVE INSPECTION PROCEDURES The Director shall establish procedures for undertaking vegetative management. Such procedures may include: (a) An initial survey of City roads, trails, sidewalks and utilities for vegetative management. (b) A schedule for routine vegetative management inspections which may include a seven year minimum rotation throughout the entire community that corresponds to the pavement management schedule. (c) A schedule and map of the City's annual vegetation management program published on the City website. (d) Information on the vegetation management program mailed to all residents within a proposed work area normally prior to the start of management activities. This information may include a description of the program, schedule, contact information and City web address for accessing more information about the program. Exhibit A describes a sample information letter. Adopted: (e) Criteria for determining whether a particular City road, trail, sidewalk or utility is in need of vegetative management. Those criteria may include, but not necessarily be limited to the following considerations: improve sight lines, increase safety, and maintain public and private property and infrastructure. (f) Implementation of a training program for City maintenance employees and their designees undertaking vegetative management. Such training may include proper tree care standards, use of equipment and work zone protection. (g) Identification of priority situations and locations for vegetative management. B. PROCEDURES FOR VEGETATION MANAGEMENT WITHIN THE PUBLIC RIGHT-OF-WAY AND DRAINAGE, UTILITY OR TRAIL EASEMENTS. The following procedures have been established by the Director in accordance with the "Policy for Vegetation Management within the Public Right-Of-Way and Drainage, Utility or Trail Easements." 1. PRIORITY SITUTATIONS /LOCATIONS FOR VEGETATIVEMANAGEMENT The following are considered priority situations or locations for managing vegetation: (a) A fallen tree or tree limb located on a street, trail, sidewalk, above ground utility or boulevard. (b) Parts of tree located less than sixteen feet above the street and five feet beyond the curb. (See Exhibit B) (c) Parts of tree located less than ten feet above the trail or sidewalk and two feet beyond the edge of pavement. (See Exhibit B). (d) Vegetation located between two and six feet above the ground in an intersection sight triangle. (See Exhibit C). (e) Vegetation that interferes with a right-of-way user's ability to see traffic signals and traffic signs. (f) Vegetation that interferes with the passage of light from an overhead street light. Adopted: (g) Vegetation that interferes with the maintenance or operation of water, wastewater or stormwater infrastructure. (h) Any tree or portion of a standing tree which is determined to be a hazardous tree by the City Forester because it endangers public health, safety or welfare. 3. PROCESS PROCEDURES: The following process procedures are established for managing vegetation: (a) A schedule and map of the City's annual vegetation management program shall be posted on the City website. This information shall be kept up-to- date. (b) Information on the vegetation management program shall be mailed to all residents within the proposed work area prior to any management activities starting. This information shall include a description of the program, schedule, contact information and City web address for accessing more information about the program. Exhibit C describes a sample information letter. (c) The City shall not enter onto private property to prune or remove trees without first obtaining the necessary right-of-entry authorization as shown in Exhibit D. (d) Trees and shrubs should be pruned to promote proper growth, as well as improve health and appearance of the vegetation. If the property owner does not grant a right-of-entry to prune outside the right-of-way then the City shall only prune those branches located within the public right-of- way. (e) All tree debris will be disposed of off-site by the City. The City shall take care to protect and restore turf to its original condition. (f) All vegetation pruning and removal shall be done at no cost to the property owner. (g) The City will not replace any vegetation that is removed for reasons included in this policy. 4. PROCEDURES FOR MANAGEMENT OF VEGETATION LOCATED WHOLLY WITHIN THE RIGHT-OF-WAY: The following procedures are established for managing vegetation located wholly within the right-of-way: Adopted: (a) Trees with a trunk diameter greater than six inches (measured at a height of 4 '/2 feet above the ground) may be pruned to a height of sixteen feet above the street and five feet beyond the curb, and also pruned to a height of ten feet above trails or sidewalks and two feet beyond the edge of pavement. This prevents branches from interfering with vehicles such as plows, street sweepers, garbage trucks, school buses and pavement and utility maintenance equipment. (b) Woody shrubs and coniferous trees with a trunk diameter less than six inches (measured at a height of 4 '/2 feet above the ground) and located five feet from the face of curb may be removed if the City believes it will mitigate current or future sightline and right-of-way user interference issues. (c) Vegetation located in an intersection sight triangle within the right-of-way, as shown in Exhibit B, may be pruned to create a clear sight line in the area located between two and six feet above the ground. (d) Vegetation blocking street lighting, traffic signals and traffic signs may also be pruned. (e) Provide notice to property owners by a certified mail prior to the complete removal of any tree or woody shrub. 5. PROCEDURES FOR MANAGEMENT OF VEGETATION LOCATED ON PRIVATE PROPERTY: The following procedures are established for managing vegetation located on private property: (a) The City shall identify addresses where pruning outside of the right-of- way is appropriate and provide notification via a door hanger to the property owner as shown in Exhibit E. The City shall describe on the door hangar, as well as demonstrate on the tree with florescent pink flagging ribbon, the branch or branches to be pruned. The City shall also provide the homeowner with a right-of-entry form allowing the City to prune vegetation. This shall occur at least seven days prior to any work being initiated. (b) If the property owner provides the necessary right-of-entry authorization then the City may perform the pruning work. (c) If the property owner fails to provide timely right-of-entry authorization then pruning shall only occur on vegetation located within the right-of- way. If the property owner chooses to provide a right-of-entry Adopted: authorization after the City has pruned in the right-of-way then the City may choose not to make a second trip to prune on private property in order to avoid inefficient operations caused by making multiple job site visits. 6. PROCEDURES FOR MANAGEMENT OF VEGETATION LOCATED WITHIN A DRAINAGE, UTILITY OR TRAIL: The following procedures are established for managing vegetation located within a drainage, utility or trail easement: (a) Vegetation located in a drainage, utility or trail easement may be pruned or removed when it impairs the operation or ability to maintain the system for which the easement was created for. If it does not, then a property owner right-of-entry authorizatoin must be secrued prior to any work being initiated. (b) The City shall notify property owners in writing, mailed by US Post Office certificte mail,prior to removing any tree or woody shrub. POLICY EXHIBITS: Exhibit A: Information Letter Exhibit B: Pruning above Roads, Trails, and Sidewalks Exhibit C: Intersection Sight Triangle Exhibit D: Right-of-Entry Authorization Exhibit E: Door Hangers Adopted: Exhibit A: Informational Letter # qi EDEN PRAIRIE LIVE W UR K•EKEA Pd Dear Resident: As part of the City's annual vegetation management program, City maintenance personnel or their designee will soon begin pruning trees, branches and shrubs located within the right-of-way in your neighborhood.This pruning project will begin (Date) and continue through (Month). Pruning improves intersection sight lines, eliminates branches that interfere with vehicles on the road or pedestrians on trails/sidewalks, and removes vegetation that impairs the City's ability to perform maintenance and operation of utilities. The City performs this necessary pruning at no cost to the home owner.These activities may include pruning or removing: • Vegetation that blocks traffic signs,traffic signals or roadway lighting • Branches that impair intersection sight lines for vehicles and trail/sidewalk users • Tree limbs located less than 16 feet above the roadway and 5 beyond the curb • Tree limbs less than 10 feet above the trail/sidewalk and 2 feet beyond the edge of pavement • Vegetation that impedes utility maintenance and operation • Diseased trees or trees infected with injurious pests • Dead tree limbs Your property MAY OR MAY NOT be affected by this project. For more information about the City's vegetation management program, please visit edenprairie.org/(friendlyURL). If you have questions or concerns about how this project may affect your individual property, please contact the City(Name) Division at (952)XXX-XXXX. Sincerely, City of Eden Prairie (Name) Division Adopted 5/3/16 Exhibit B: Pruning Above Roads, Trails and Sidewalks I r r L..._-_7 „NI. lit i t k . . i fi "fr- .....„.____-- \ r if --- . ..._ .Alitifirliti A .. ; . + 1 i : ddle: :- A 4 P:01111hk '. l'Or . 4 f � f { 16' 10' i 2' 2' 5' 5' 4. Trail/Sidewalk Roadway Pruning Area Adopted 5/3/16 Exhibit C: Intersection Sight Triangle . „ , - ,.„.,..*.•- 0 I•..'""•"V.11,10 el:A, ,, 1 '-;••••". ',.., .41,4, i..,,-....,.,4,.. 0,.01.e..4 , .. .. . '. ... • .•• Clear Sight Line Between 2'and 6' ,I, t 411)..•4.•.'1,'/ .A....k..'.1.k..1• ' .•r'4.—•'NiiliP-' .. . 4,1,4, •^',.0%•?:•:•_,.._ ' $ff' .' . r,•' II, ' .--':" '•;-'.' I . I ol ,,U4 t• . • -- ' -..;:- .i .. •••-?-.. • ,• • .. 1 • •'-,:'-- 4.-:'. . I • 7:Si.''.4 , 1 • r A 6' * , 1 25' , :.-_,,F__,.•,'Zrz,', ..,44 4' 2' . ----,.,':- =.. ----: '1 '''':.1'2-0'—.3 .r _F-l' ._ ....-.--` Y. •. :r--.-- ' I , . - . I 0 , , I• „ , . , , , f I I I i:- Pruning Area Intersection Sight Triangle Adopted 5/3/16 Exhibit D: Right of Entry Right of Entry License and Waiver EDEN I (we) , owner(s) in fee simple PRAIE or as lessees of certain real estate located in the City of Eden Prairie, Minnesota at: LIVE.WORK•OFEAM (address) and legally described as: do hereby grant to the City of Eden Prairie, Minnesota, and any agents, employees or others as may be designated by the City of Eden Prairie, a license for the purpose of entering upon and using the above described premises as may be necessary for public safety. I (we)further agree to hold the City harmless from any and all property damages on the above described premises or other injury as may be caused by any entry permitted under this license. This license shall expire on: (date) Signed Date Witness Date Adopted 5/3/16 Exhibit E: Door Hangers Street Division Park Division Dear Homeowner, Dear Homeowner, City crews will be trimming trees in your City crews will be trimming trees in your neighborhood. We will be trimming trees EDEN neighborhood. We will be trimming trees EDEN that have branches extending out into the that have branches extending out into the city right-of-way as well as trees adjacent to PRAIRIE city right-of-way as well as trees adjacent to PRAIRIE LIVE•tvoRK•LREAM LIVE•WORN•UREAEE sidewalks and trails. sidewalks and trails. Tree trimming will allow for greater sight distances and Pruning is done to give proper safety clearance and avoid help eliminate hazards. Work will include trimming trees accidents and injuries. Proper pruning protects the health above roads, trails and sidewalks as well as those around of the trees and will result in a nice clean appearance. street name signs, traffic signs, traffic lights and street lights. We attempt to prune trees at an early age to minimize the cutting of large diameter branches. It is also important to We attempt to prune trees at an early age so they can shape the tree to maintain proper safety clearances for use mature with an appropriate branching pattern that will be and maintenance of the trail or sidewalk. compatible with the utilization of the street. Proper pruning protects the health of the trees and will result in a If you have any questions, please contact the Park nice clean appearance. Maintenance Division at 952-949-XXXX or visit our website at edenprairie.org/(friendly URL). If you have any questions, please contact the Streets Division at 952-949-XXXX or visit our website at Thank you. edenprairie.org/(friendly URL). TURN OVER Thank you. TURN OVER (Back Side) Date Time (Back Side) Address Date Time Problem Address Problem Employee Employee Adopted 5/3/16