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City Council - 06/14/2016
AGENDA CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY,JUNE 14, 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 I. 2017-2026 CAPITAL IMPROVEMENT PLAN Open Podium - Council Chamber II. OPEN PODIUM A. SYDNEY ASHTON—TOBACCO SAMPLING ORDINANCE B. ROBERT DWYER-TOBACCO SAMPLING ORDINANCE III. ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,JUNE 14, 2016 7:00 PM, CITY CENTER Council Chambers 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. DONATION FROM KROMMINGA FAMILY FOR VETERANS MEMORIAL (Resolution) V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY,MAY 24, 2016 B. CITY COUNCIL MEETING HELD TUESDAY, MAY 24, 2016 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. APPROVE SECOND READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 6, RELATING TO RIGHT-OF-WAY AND ADOPT RESOLUTION APPROVING SUMMARY ORDINANCE. C. APPROVE AMENDMENT TO EDEN GARDENS DEVELOPMENT AGREEMENT D. ADOPT RESOLUTION APPROVING APPOINTMENT OF ELECTION JUDGES FOR 2016 ELECTIONS CITY COUNCIL AGENDA June 14, 2016 Page 2 E. ADOPT RESOLUTION REGARDING SOUTHWEST LRT CORRIDOR- WIDE HOUSING STRATEGY F. ADOPT RESOLUTION APPROVING MASTER JOINT POWERS AGREEMENT WITH MINNESOTA INTERNET CRIMES AGAINST CHILDREN TASK FORCE (MICAC) G. APPROVE WETLAND BUFFER MAINTENANCE AGREEMENT WITH RILEY-PURGATORY-BLUFF CREEK WATERSHED DISTRICT FOR SUNNYBROOK ROAD BASIN IMPROVEMENTS PROJECT H. APPROVE SUBMITTAL OF ANNUAL REPORT TO MPCA FOR PHASE II NPDES STORM WATER PERMIT PROGRAM I. APPROVE CITY ENTRY MONUMENT SIGNS AGREEMENT WITH VISUAL COMMUNICATIONS FOR CONSTRUCTION AND ENGINEERING PLANS J. AUTHORIZE PROFESSIONAL SERVICES AGREEMENT WITH WSB FOR STARING LAKE PLAY AREA K. AWARD CONTRACT TO DULUTH COATING SOLUTIONS FOR FLOOR RESTORATION AT FIRE STATIONS 2 AND 4 L. AWARD CONTRACT TO MIDWEST ASPHALT CORPORATION FOR 2016 BITUMINOUS TRAIL REHABILITATION AND PEDESTRIAN RAMP INSTALLATION M. AWARD CONTRACT TO BLACKSTONE CONTRACTORS, LLC FOR SUNNYBROOK ROAD BASIN IMPROVEMENTS PROJECT N. AWARD CONTRACT TO SEBCO, INC. FOR 2016 BUILDING ENVELOPE RESTORATION O. AWARD CONTRACT TO LAVAN FLOORING FOR CITY CENTER CARPET REPLACEMENT P. AWARD CONTRACT TO CAVE CAFE,LLC FOR FOOD SERVICES IN THE GARDEN ROOM Q. ADOPT RESOLUTION APPROVING PARTICIPATION IN THE PERFORMANCE MEASUREMENT PROGRAM ESTABLISHED BY THE COUNCIL ON LOCAL RESULTS AND INNOVATION R. APPROVAL OF CONTRACT WITH NATIONAL RESEARCH CENTER FOR 2016 COMMUNITY SURVEY CITY COUNCIL AGENDA June 14, 2016 Page 3 IX. PUBLIC HEARINGS/MEETINGS A. PRAIRIE VIEW ENCLAVE by Dave Weekley Homes-Minnesota Request for Planned Unit Development Concept Review on 10.71 acres; Planned Unit Development District Review with waivers on 10.71 acres; Zoning District change from Rural to R1-13.5 on 10.71 acres and Preliminary Plat of 18 lots and 1 outlot on 10.71 acres Location: 12701 Pioneer Trail (Ordinance for Zoning District Change; Resolution for Preliminary Plat) B. APPROVING ISSUANCE BY THE CITY OF GREENWOOD, MINNESOTA OF CHARTER SCHOOL LEASE REVENUE BONDS, SERIES 2016A AND SERIES 2016B (MAIN STREET SCHOOL OF PERFORMING ARTS PROJECT) (Resolution) X. PAYMENT OF CLAIMS XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS A. STUDENTS ON COMMISSIONS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT ANNOTATED AGENDA DATE: June 14, 2016 TO: Mayor and City Council FROM: Rick Getschow, City Manager RE: City Council Meeting for Tuesday, June 14, 2016 TUESDAY,JUNE 14,2016 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. HRA MEETING HRA I. ROLL CALL /CALL THE HRA MEETING TO ORDER HRA II. APPROVE MINUTES OF HRA MEETING HELD ON JANUARY 5, 2016 HRA III. ADOPT RESOLUTION APPROVING AMENDMENT 3 TO HOUSING PROJECT AGREEMENT AND AUTHORIZING EXECUTION BY CHAIR EXECUTIVE DIRECTOR Synopsis: The HRA and Developer entered into the Housing Project Agreement in August 19, 2014. The Agreement was amended by Amendment 1 to Housing Project Agreement, dated April 21, 2015, and Amendment 2 to Housing Project Agreement, dated January 5, 2016. The Amended Agreement provides for the sale of moderate income units with specific affordable housing prices. The Developer has sold seven (7) Moderate Income Units since the execution of the Housing Project Agreement. The Developer believes that it is reasonable to anticipate the sale of an additional three (3) Moderate Income Units prior to the expiration of the obligation as set forth in paragraph 12 of the Housing Project Agreement. ANNOTATED AGENDA June 14,2016 Page 2 This Amendment 3 reduces the number of Moderate Income Units required to ten (10), waives the repayment of profit requirements of paragraph 6 for all ten (10) Moderate Income Units, and requires the payment of park dedication fees for the ten (10) units removed from the category of Moderate Income Units. MOTION: Move to adopt Resolution Approving Amendment 3 to Housing Project Agreement and Authorizing Execution by Chair Executive Director. HRA IV. ADJOURNMENT MOTION: Move to adjourn the HRA. COUNCIL MEETING IV. PROCLAMATIONS /PRESENTATIONS A. DONATION FROM KROMMINGA FAMILY FOR VETERANS MEMORIAL (Resolution) MOTION: Move to adopt the Resolution accepting the donation in the amount of $1000 from the Kromminga family for the Eden Prairie Veterans Memorial. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Move to approve the agenda. VI. MINUTES MOTION: Move to approve the following City Council minutes: A. COUNCIL WORKSHOP HELD TUESDAY, MAY 24, 2016 B. CITY COUNCIL MEETING HELD TUESDAY, MAY 24, 2016 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR MOTION: Move approval of items A-R on the Consent Calendar. A. CLERK'S LICENSE LIST ANNOTATED AGENDA June 14,2016 Page 3 B. APPROVE SECOND READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 6, RELATING TO RIGHT-OF-WAY AND ADOPT RESOLUTION APPROVING SUMMARY ORDINANCE. C. APPROVE AMENDMENT TO EDEN GARDENS DEVELOPMENT AGREEMENT D. ADOPT RESOLUTION APPROVING APPOINTMENT OF ELECTION JUDGES FOR 2016 ELECTIONS E. ADOPT RESOLUTION REGARDING SOUTHWEST LRT CORRIDOR- WIDE HOUSING STRATEGY F. ADOPT RESOLUTION APPROVING MASTER JOINT POWERS AGREEMENT WITH MINNESOTA INTERNET CRIMES AGAINST CHILDREN TASK FORCE (MICAC) G. APPROVE WETLAND BUFFER MAINTENANCE AGREEMENT WITH RILEY-PURGATORY-BLUFF CREEK WATERSHED DISTRICT FOR SUNNYBROOK ROAD BASIN IMPROVEMENTS PROJECT H. APPROVE SUBMITTAL OF ANNUAL REPORT TO MPCA FOR PHASE II NPDES STORM WATER PERMIT PROGRAM I. APPROVE CITY ENTRY MONUMENT SIGNS AGREEMENT WITH VISUAL COMMUNICATIONS FOR CONSTRUCTION AND ENGINEERING PLANS J. AUTHORIZE PROFESSIONAL SERVICES AGREEMENT WITH WSB FOR STARING LAKE PLAY AREA K. AWARD CONTRACT TO DULUTH COATING SOLUTIONS FOR FLOOR RESTORATION AT FIRE STATIONS 2 AND 4 L. AWARD CONTRACT TO MIDWEST ASPHALT CORPORATION FOR 2016 BITUMINOUS TRAIL REHABILITATION AND PEDESTRIAN RAMP INSTALLATION M. AWARD CONTRACT TO BLACKSTONE CONTRACTORS,LLC FOR SUNNYBROOK ROAD BASIN IMPROVEMENTS PROJECT N. AWARD CONTRACT TO SEBCO,INC. FOR 2016 BUILDING ENVELOPE RESTORATION O. AWARD CONTRACT TO LAVAN FLOORING FOR CITY CENTER CARPET REPLACEMENT P. AWARD CONTRACT TO CAVE CAFE,LLC FOR FOOD SERVICES IN THE GARDEN ROOM ANNOTATED AGENDA June 14,2016 Page 4 Q. ADOPT RESOLUTION APPROVING PARTICIPATION IN THE PERFORMANCE MEASUREMENT PROGRAM ESTABLISHED BY THE COUNCIL ON LOCAL RESULTS AND INNOVATION R. APPROVAL OF CONTRACT WITH NATIONAL RESEARCH CENTER FOR 2016 COMMUNITY SURVEY IX. PUBLIC HEARINGS/MEETINGS A. PRAIRIE VIEW ENCLAVE by Dave Weekley Homes-Minnesota Request for Planned Unit Development Concept Review on 10.71 acres; Planned Unit Development District Review with waivers on 10.71 acres; Zoning District change from Rural to R1-13.5 on 10.71 acres and Preliminary Plat of 18 lots and 1 outlot on 10.71 acres Location: 12701 Pioneer Trail (Resolution for PUD Concept Review; Ordinance PUD District Review; Resolution for Preliminary Plat) Official notice of this public hearing was publishing in the June 2, 2016,Eden Prairie News and sent to 99 property owners. Synopsis: This project is the subdivision of 10.71 acres into 18 lots and 1 outlot. The preliminary plat shows 18 single-family lots at a gross density of 1.7 units per acre. The lot sizes range from 13,706 square feet to 22,191 square feet. The applicant is proposing a sidewalk along Surrey Street and connecting that sidewalk to the trail along Pioneer Trail. The plat includes the Fraser property(parcel on west side) in order to eliminate the creation of a remnant parcel. The proposal also includes a landscape buffer between Surrey Street and Pioneer Trail. MOTION: Move to: • Close the Public Hearing; and • Approve 1st Reading of the Ordinance for a Zoning District Change from Rural to R1-13.5 Zoning District on 10.71 acres; and • Adopt the Resolution for Preliminary Plat on 10.71 acres into 18 lots, 1 outlot and road right-of-way; and • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. B. RESOLUTION APPROVING THE ISSUANCE BY THE CITY OF GREENWOOD, MINNESOTA OF CHARTER SCHOOL LEASE REVENUE BONDS, SERIES 2016A AND SERIES 2016B (MAIN STREET SCHOOL OF PERFORMING ARTS PROJECT) Official notice of this public hearing was publishing in the May 26, 2016,Eden Prairie News. ANNOTATED AGENDA June 14,2016 Page 5 Synopsis: The Main Street School of Performing Arts has plans to finance the acquisition, construction, reconstruction, improvement, betterment or extension of an approximately 77,548 square foot charter school facility (the "Facilities") located at 7255 Flying Cloud Drive. The City of Greenwood will issue the bonds and the City of Eden Prairie is the host City. Because the funds used to construct the improvements are the result of a tax-exempt financing, Minnesota Statutes requires the "host community" of the facility to hold a public hearing to approve the projects. MOTION: Move to: • Close the public hearing; and • Adopt Resolution approving the issuance by the City of Greenwood, Minnesota of Charter School Lease Revenue Bonds, Series 2016A AND Series 2016B (Main Street School of Performing Arts Project) 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 A. STUDENTS ON COMMISSIONS MOTION: Move to: • Appoint to the Conservation Commission — Emilie Cleveland, Zoe Pettit, Annika Quam, and Hayden Bunn • Appoint to the Flying Cloud Airport Advisory Commission — Connor Pesheck, Ben Shephard, and James Hilton • Appoint to the Heritage Preservation Commission — Carolyn Mason, Alyssa Meiners, Taylor Wolf, and Sienna Gambino • Appoint to the Human Rights and Diversity Commission — Nia Colebrooke, Asiya Gelle, Ashwin Senthilkumar, Adrienne Retzlaff, Angela Lin, and Carter Rislove • Appoint to the Parks, Recreation, and Natural Resources Commission — William Hemier, Phillip Kuhn, Conor Reding, Stephan Wenc, and Kirsten Johnson ANNOTATED AGENDA June 14,2016 Page 6 XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVII. ADJOURNMENT MOTION: Move to adjourn the City Council meeting. AGENDA CITY OF EDEN PRAIRIE HOUSING AND REDEVELOPMENT AUTHORITY TUESDAY,JUNE 14, 2016 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road HOUSING AND REDEVELOPMENT AUTHORITY MEMBERS: Chair Nancy Tyra- Lukens, Council Members Brad Aho, Ron Case, Sherry Butcher Wickstrom, and Kathy Nelson CITY STAFF: City Manager Rick Getschow, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, City Attorney Ric Rosow, Finance Director Sue Kotchevar and Recorder Jan Curielli I. ROLL CALL /CALL THE HRA MEETING TO ORDER II. APPROVE MINUTES OF HRA MEETING HELD ON JANUARY 5, 2016 III. ADOPT RESOLUTION APPROVING AMENDMENT 3 TO HOUSING PROJECT AGREEMENT AND AUTHORIZING EXECUTION BY CHAIR EXECUTIVE DIRECTOR IV. ADJOURNMENT HRA ITEM NO.: II. UNAPPROVED MINUTES HOUSING AND REDEVELOPMENT AUTHORITY TUESDAY,JANUARY 5, 2016 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road HOUSING AND REDEVELOPMENT AUTHORITY MEMBERS: Chair 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. ROLL CALL /CALL THE HRA MEETING TO ORDER Chair Tyra-Lukens called the meeting to order at 7:03 PM. All HRA members were present. II. APPROVE MINUTES OF HRA MEETING HELD ON DECEMBER 1, 2015 MOTION: Case moved, seconded by Nelson, to approve the minutes of the HRA meeting held December 1, 2015. Motion carried 5-0. III. APPROVE AMENDMENT 2 TO THE HOUSING PROJECT AGREEMENT FOR EDEN GARDENS Getschow said this will be the second amendment to the housing project agreement for Eden Gardens. The project has seen quite a bit of development of homes in the neighborhood, but there are 14 lots remaining out of the total of 36. A portion of the homes have been built in the mid-market range in addition to the higher priced homes. This amendment would allow more flexibility with a certain number of sites and would have the 14 remaining homes priced from under $372,000 to $440,000. Currently, the agreement sets $400,000 as the top of the range. He noted some buyers are limited in their ability to finance homes, and this would offer more of a range of home prices. Nelson asked if the homes are going up in price because people want more green amenities or because they want larger homes than expected. Getschow replied there can be a mix of both,but the green features are available to each home and are standard to the neighborhood Matt Hamish, Homestead Partners, said the price range was started in 2013. Since then there has been inflation of costs as well as potential buyers who want additional amenities, but there is a standard price cap in place. All of the homes would be Green Path certified homes. They have found ways to tighten up the requirements for that certification even more as they have continued to build the homes. Nelson said she thought all the homes would be solar ready. Mr. Haven said all of the homes can have solar as one of the options HRA MINUTES January 5, 2016 Page 2 available. Thus far one home has used that option. The homes are built to support solar panels and the wiring is in place so it could be added at any time. MOTION: Case moved, seconded by Butcher Wickstrom, to approve Amendment 2 to the Housing Project Agreement for Eden Gardens. Motion carried 5-0. IV. ADJOURNMENT MOTION: Aho moved, seconded by Butcher Wickstrom, to adjourn the HRA meeting. Motion carried 5-0. Chair Tyra-Lukens adjourned the HRA meeting at 7:09 PM. HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY DATE: COUNCIL AGENDA June 14, 2014 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Janet Jeremiah, Community Development Director/Molly Amendment 3 to Housing Project Agreement III. Koivumaki, Housing Manager Requested Action Move to: Adopt Resolution Approving Amendment 3 to Housing Project Agreement and Authorizing Execution by Chair Executive Director. Synopsis The HRA and Developer entered into the Housing Project Agreement in August 19, 2014. The Agreement was amended by Amendment 1 to Housing Project Agreement, dated April 21, 2015, and Amendment 2 to Housing Project Agreement, dated January 5, 2016. The Amended Agreement provides for the sale of moderate income units with specific affordable housing prices. The Developer has sold seven (7) Moderate Income Units since the execution of the Housing Project Agreement. The Developer believes that it is reasonable to anticipate the sale of an additional three (3) Moderate Income Units prior to the expiration of the obligation as set forth in paragraph 12 of the Housing Project Agreement. This Amendment 3 reduces the number of Moderate Income Units required to ten (10), waives the repayment of profit requirements of paragraph 6 for all ten (10) Moderate Income Units, and requires the payment of park dedication fees for the ten (10) units removed from the category of Moderate Income Units. Attachment Resolution HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE COUNTY OF HENNEPIN STATE OF MINNESOTA H.R.A. RESOLUTION NO. 2016- A RESOLUTION APPROVING AMENDMENT 3 TO THE HOUSING DEVELOPMENT AGREEMENT AND AUTHORIZING ITS EXECUTION BY THE CHAIR AND EXECUTIVE DIRECTOR BE IT RESOLVED by the Board of Commissioners of the Housing and Redevelopment Authority("HRA") in and for the City of Eden Prairie, Minnesota, as follows: RECITALS WHEREAS, the HRA established a housing development project ("Project") and set moderate income limits for the Project by H.R.A. Resolution No. 2014-01; WHEREAS, the HRA and Developer entered into that certain document entitled "Housing Project Agreement" dated August 19, 2014, filed on October 2, 2014 as Document Number A10123210 with the Office of the Co9unty Recorder, Hennepin County, Minnesota ("Agreement"). WHEREAS, the HRA and Developer entered into that certain document entitle "Amendment 1 to Housing Project Agreement, dated April 21, 2015, filed on January7, 2016 as Document Number A10275521 with the Office of the County Recorder, Hennepin County, Minnesota. WHEREAS, the HRA and Developer entered into that certain document entitle "Amendment 2 to Housing Project Agreement, dated January 5, 2016, filed on January 8, 2016 as Document Number A140276218 with the Office of the County Recorder, Hennepin County, Minnesota. The Agreement, Amendment 1 and Amendment 2 are referred to collectively herein as the Amended Agreement. WHEREAS, the Developer has sold seven (7) Moderate Income Units since the execution of the Housing Project Agreement. WHEREAS, the HRA and Developer believe that it is reasonable to anticipate the sale of an additional three (3) Moderate Income Units prior to the expiration of the obligation as set forth in paragraph 12 of the Housing Project Agreement. WHEREAS, the requirements of Paragraph 6 of the Housing Project Agreement requiring the repayment of profits from a subsequent sale of a Moderate Income Unit has discouraged the sale of Moderate Income Units. WHEREAS, the HRA has determined that the sale of ten (10) Moderate Income Units from this property is sufficient to help it achieve its goal of alleviating the shortage of decent, safe, and sanitary housing for persons of moderate income and their families. WHEREAS, all parcels no longer subject to the Moderate Income Units requirements should be responsible for the payment of Park Dedication Fees. NOW THEREFORE, THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE HEREBY RESOLVES AS FOLLOWS: 1. The WHEREAS recitals set forth above are incorporated herein. 2. It is prudent and advisable in working to achieve its goal of alleviating the shortage of decent, safe, and sanitary housing for persons of moderate income and their families that Amendment 3 to the Housing Project Agreement be adopted. 3. Amendment 3 to the Housing Project Agreement is hereby approved and the Chair and Executive Director are authorized to execute Amendment 3 and such other documents and certificates that may be required to effectuate its purpose. ADOPTED by the Housing and Redevelopment Authority in and for the City of Eden Prairie this 14th day of June, 2016. Nancy Tyra-Lukens, Chair ATTEST: Rick Getschow, Executive Director CERTIFICATION I, Rick Getschow, Executive Director of the Housing and Redevelopment Authority in and for the City of Eden Prairie, County of Hennepin, Minnesota, hereby certify that the foregoing is a true and correct copy of H.R.A. Resolution No. 2016 — 0_ passed by the Authority on the 14th day of June, 2016. Executive Director AMENDMENT 3 TO HOUSING PROJECT AGREEMENT THIS AMENDMENT 3 TO HOUSING PROJECT AGREEMENT, made as of the 14th day of June, 2016, by and between the Housing Redevelopment Authority in and for the City of Eden Prairie, Minnesota, a municipal corporation and political subdivision organized and existing under the Constitution and the laws of the State of Minnesota (the "HRA") and Eden Gardens, LLC, a Minnesota limited liability company(the "Developer"), WITNESSETH: WHEREAS,the HRA and Developer entered into that certain document entitled"Housing Project Agreement" dated August 19, 2014, filed on October 2, 2014 as Document Number A10123210 with the Office of the County Recorder,Hennepin County,Minnesota("Agreement"). WHEREAS, the HRA and Developer entered into that certain document entitled "Amendment 1 to Housing Project Agreement, dated April 21, 2015, filed on January7, 2016 as Document Number A10275521 with the Office of the County Recorder, Hennepin County, Minnesota. WHEREAS, the HRA and Developer entered into that certain document entitled "Amendment 2 to Housing Project Agreement, dated January 5, 2016, filed on January 8, 2016 as Document Number A140276218 with the Office of the County Recorder, Hennepin County, Minnesota. The Agreement, Amendment 1 and Amendment 2 are referred to collectively herein as the Amended Agreement. WHEREAS,the Amended Agreement provides for the sale of moderate income units with specific affordable housing prices. WHEREAS,the Developer has sold seven(7) Moderate Income Units since the execution of the Housing Project Agreement. WHEREAS, the HRA and Developer believe that it is reasonable to anticipate the sale of an additional three (3) Moderate Income Units prior to the expiration of the obligation as set forth in paragraph 12 of the Housing Project Agreement. 1 WHEREAS, the parties desire to amend the provisions of the Amended Agreement by reducing the number of Moderate Income Units required to ten (10), waiving the requirements of paragraph 6 for all ten(10) Moderate Income Units, and requiring the payment of park dedication fees for the ten(10)units removed from the category of Moderate Income Units. WHEREAS,as of the date of this Amendment 3 the following seven(7)single family units have sold as Moderate Income Units: Lot 1, Block 5; Lot 1, Block 4; Lot 1, Block 2; Lot 5, Block 2; Lot 2, Block 2; Lot 4, Block 2; Lot 2, Block 4. WHEREAS, the remaining three (3) single family units required to be sold as Moderate Income Units shall be selected from the following thirteen(13) single family units: Lot 3, Block 2; Lot 1, Block 3; Lot 2, Block 3; Lot 3, Block 3; Lot 4, Block 3; Lot 5, Block 3; Lot 3, Block 4; Lot 4, Block 4; Lot 5, Block 4; Lot 2, Block 5; Lot 3, Block 5; Lot 4, Block 5; Lot 5, Block 5; NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties hereto, the parties do hereby covenant and agree with the other as follows: 1. The WHERAS recitals are incorporated herein as part of this Amendment 3. 2. Paragraph 6 of the Housing Project Agreement is deleted in its entirety. 3. Paragraph 7 of the Housing Project Agreement is amended in its entirety as follows: 7. Park Dedication Fee. The park dedication fee of$6,500.00 per unit is waived for only the ten (10) Moderate Income Units required by the terms of this Amendment 3. All of the remaining single family units not required to be Moderate Income Units by this Amendment 3 shall pay park dedication in accordance with City Code Section 12.40, Subd 7. 2 3 4. Paragraph 12 of the Housing Project Agreement is amended from the adoption hereof in its entirety to read as follows: 12. Moderate Income Units. Notwithstanding any contrary provision herein, the Developer's obligation to sell the Moderate Income Units subject to the requirements in Paragraph 1, and the conditions applicable to the Developer's sale of any Moderate Income Units in Paragraph 4, shall terminate after the sale of ten(10)Moderate Income Units. As of the date hereof seven (7) Moderate Income Units have sold. All obligations in the Amended Agreement as amended by this Amendment 3 not specifically amended or terminated by this Paragraph,the Amended Agreement or this Amendment 3 shall survive. 5. Paragraph 1 D. of Amendment 2 is amended from the adoption hereof in its entirety as follows: Initial Sale Affordable Housing Prices. Notwithstanding the foregoing and based on the moderate income limits established by the HRA in Resolution No. 2014-01, the HRA determines that the affordable housing prices for the initial sale price for the remaining three (3) Moderate Income Units shall be no more than $440,000.00. 6. Except as amended herein the Amended Agreement remains in full force and effect. IN WITNESS WHEREOF, the parties to this Amendment 1 have caused these presents to be executed as of the day and year aforesaid. (Signatures on following pages) 4 HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE By Nancy Tyra-Lukens Its Chair By Rick Getschow Its Executive Director STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this 14th day of June, 2016, by Nancy Tyra-Lukens and Rick Getschow, respectively the Chair and Executive Director of the Housing and Redevelopment Authority in and for the City of Eden Prairie, on behalf of said authority. Notary Public 5 EDEN GARDENS, LLC By Date: Vice President STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this 14th day of June, 2016, , the Vice President, of Eden Gardens, LLC, a Minnesota limited liability company, on behalf of the company. Notary Public THIS INSTRUMENT WAS DRAFTED BY: Gregerson, Rosow, Johnson&Nilan, LTD 100 Washington Ave S, Suite 1550 Minneapolis, MN 55401 6 CONSENTS [INSERT CONSENTS OF 7 MODERATE INCOME PROPERTY OWNERS] CONSENT TO HOUSING PROJECT AGREEMENT AMENDMENT 1,AMENDMENT 2, AND AMENDMENT 3 AND FIRST AMENDMENT TO DEVELOPMENT AGREEMENT The undersigned, owner of the property described as Lot 1,Block 5,Eden Gardens, situated in the County of Hennepin, State of Minnesota, does hereby consent to that certain Amendment 1 to Housing Project Agreement, dated April 21, 2015, filed on January 7, 2016 as Document Number A10275521 with the Office of the County Recorder, Hennepin County, Minnesota; that certain Amendment 2 to Housing Project Agreement, dated January 5, 2016, filed on January 8, 2016 as Document Number A140276218 with the Office of the County Recorder, Hennepin County, Minnesota; Amendment 3 to the Housing Project Development Agreement by and between Eden Gardens, LLC, a Minnesota limited liability company, and the Housing and Redevelopment Authority in and for the City of Eden Prairie dated the 14 day of June,2016; and First Amendment to Development Agreement by and between Eden Gardens, LLC, a Minnesota limited liability company and the City of Eden Prairie, a municipal corporation, dated June 14, 2016,to which this Consent is attached and agree to be bound by the same. The undersigned consent to the recording of this Consent in real estate records of the Office of the County Recorder, Hennepin County, Minnesota. In testimony thereof, the undersigned has hereunto executed this instrument this day of , 2016. OWNER VICTORIA HUGEN STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me this day of , 2016, by Victoria Hugen. Notary Public CONSENT TO HOUSING PROJECT AGREEMENT AMENDMENT 1,AMENDMENT 2, AND AMENDMENT 3 AND FIRST AMENDMENT TO DEVELOPMENT AGREEMENT The undersigned, owner of the property described as Lot 1,Block 4,Eden Gardens, situated in the County of Hennepin, State of Minnesota, does hereby consent to that certain Amendment 1 to Housing Project Agreement, dated April 21, 2015, filed on January 7, 2016 as Document Number A10275521 with the Office of the County Recorder, Hennepin County, Minnesota; that certain Amendment 2 to Housing Project Agreement, dated January 5, 2016, filed on January 8, 2016 as Document Number A140276218 with the Office of the County Recorder, Hennepin County, Minnesota; Amendment 3 to the Housing Project Development Agreement by and between Eden Gardens, LLC, a Minnesota limited liability company, and the Housing and Redevelopment Authority in and for the City of Eden Prairie dated the 14 day of June,2016; and First Amendment to Development Agreement by and between Eden Gardens, LLC, a Minnesota limited liability company and the City of Eden Prairie, a municipal corporation, dated June 14,2016,to which this Consent is attached and agree to be bound by the same. The undersigned consent to the recording of this Consent in real estate records of the Office of the County Recorder, Hennepin County, Minnesota. In testimony thereof, the undersigned has hereunto executed this instrument this day of , 2016. OWNER CHANDRA VALAVOJU STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me this day of , 2016,by Chandra Valavoju. Notary Public CONSENT TO HOUSING PROJECT AGREEMENT AMENDMENT 1,AMENDMENT 2, AND AMENDMENT 3 AND FIRST AMENDMENT TO DEVELOPMENT AGREEMENT The undersigned, owner of the property described as Lot 1,Block 2,Eden Gardens, situated in the County of Hennepin, State of Minnesota, does hereby consent to that certain Amendment 1 to Housing Project Agreement, dated April 21, 2015, filed on January 7, 2016 as Document Number A10275521 with the Office of the County Recorder, Hennepin County, Minnesota; that certain Amendment 2 to Housing Project Agreement, dated January 5, 2016, filed on January 8, 2016 as Document Number A140276218 with the Office of the County Recorder, Hennepin County, Minnesota; Amendment 3 to the Housing Project Development Agreement by and between Eden Gardens, LLC, a Minnesota limited liability company, and the Housing and Redevelopment Authority in and for the City of Eden Prairie dated the 14 day of June,2016; and First Amendment to Development Agreement by and between Eden Gardens, LLC, a Minnesota limited liability company and the City of Eden Prairie, a municipal corporation, dated June 14,2016,to which this Consent is attached and agree to be bound by the same. The undersigned consent to the recording of this Consent in real estate records of the Office of the County Recorder, Hennepin County, Minnesota. In testimony thereof, the undersigned has hereunto executed this instrument this day of , 2016. OWNER ANTHONY NGUYEN STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me this day of , 2016,by Anthony Nguyen. Notary Public CONSENT TO HOUSING PROJECT AGREEMENT AMENDMENT 1,AMENDMENT 2, AND AMENDMENT 3 AND FIRST AMENDMENT TO DEVELOPMENT AGREEMENT The undersigned, owner of the property described as Lot 5,Block 2,Eden Gardens, situated in the County of Hennepin, State of Minnesota, does hereby consent to that certain Amendment 1 to Housing Project Agreement, dated April 21, 2015, filed on January 7, 2016 as Document Number A10275521 with the Office of the County Recorder, Hennepin County, Minnesota; that certain Amendment 2 to Housing Project Agreement, dated January 5, 2016, filed on January 8, 2016 as Document Number A140276218 with the Office of the County Recorder, Hennepin County, Minnesota; Amendment 3 to the Housing Project Development Agreement by and between Eden Gardens, LLC, a Minnesota limited liability company, and the Housing and Redevelopment Authority in and for the City of Eden Prairie dated the 14 day of June,2016; and First Amendment to Development Agreement by and between Eden Gardens, LLC, a Minnesota limited liability company and the City of Eden Prairie, a municipal corporation, dated June 14,2016,to which this Consent is attached and agree to be bound by the same. The undersigned consent to the recording of this Consent in real estate records of the Office of the County Recorder, Hennepin County, Minnesota. In testimony thereof, the undersigned has hereunto executed this instrument this day of , 2016. OWNER VIJAY KANDIKATLE STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me this day of , 2016,by Vijay Kandikatle. Notary Public CONSENT TO HOUSING PROJECT AGREEMENT AMENDMENT 1,AMENDMENT 2, AND AMENDMENT 3 AND FIRST AMENDMENT TO DEVELOPMENT AGREEMENT The undersigned, owner of the property described as Lot 2,Block 2,Eden Gardens, situated in the County of Hennepin, State of Minnesota, does hereby consent to that certain Amendment 1 to Housing Project Agreement, dated April 21, 2015, filed on January 7, 2016 as Document Number A10275521 with the Office of the County Recorder, Hennepin County, Minnesota; that certain Amendment 2 to Housing Project Agreement, dated January 5, 2016, filed on January 8, 2016 as Document Number A140276218 with the Office of the County Recorder, Hennepin County, Minnesota; Amendment 3 to the Housing Project Development Agreement by and between Eden Gardens, LLC, a Minnesota limited liability company, and the Housing and Redevelopment Authority in and for the City of Eden Prairie dated the 14 day of June,2016; and First Amendment to Development Agreement by and between Eden Gardens, LLC, a Minnesota limited liability company and the City of Eden Prairie, a municipal corporation, dated June 14, 2016,to which this Consent is attached and agree to be bound by the same. The undersigned consent to the recording of this Consent in real estate records of the Office of the County Recorder, Hennepin County, Minnesota. In testimony thereof, the undersigned has hereunto executed this instrument this day of , 2016. OWNER BRANDON HAYES STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me this day of , 2016,by Brandon Hayes. Notary Public CONSENT TO HOUSING PROJECT AGREEMENT AMENDMENT 1,AMENDMENT 2, AND AMENDMENT 3 AND FIRST AMENDMENT TO DEVELOPMENT AGREEMENT The undersigned, owners of the property described as Lot 4, Block 2, Eden Gardens, situated in the County of Hennepin, State of Minnesota, do hereby consent to that certain Amendment 1 to Housing Project Agreement, dated April 21, 2015, filed on January 7, 2016 as Document Number A10275521 with the Office of the County Recorder, Hennepin County, Minnesota; that certain Amendment 2 to Housing Project Agreement, dated January 5, 2016, filed on January 8, 2016 as Document Number A140276218 with the Office of the County Recorder, Hennepin County, Minnesota; Amendment 3 to the Housing Project Development Agreement by and between Eden Gardens, LLC, a Minnesota limited liability company, and the Housing and Redevelopment Authority in and for the City of Eden Prairie dated the 14 day of June,2016; and First Amendment to Development Agreement by and between Eden Gardens, LLC, a Minnesota limited liability company and the City of Eden Prairie, a municipal corporation, dated June 14,2016,to which this Consent is attached and agree to be bound by the same. The undersigned consent to the recording of this Consent in real estate records of the Office of the County Recorder, Hennepin County, Minnesota. In testimony thereof, the undersigned have hereunto executed this instrument this day of , 2016. OWNERS CRAIG HIRSCHEY HEATHER HIRSCHEY STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me this day of 2016,by Craig Hirschey and Heather Hirschey. Notary Public CONSENT TO HOUSING PROJECT AGREEMENT AMENDMENT 1,AMENDMENT 2, AND AMENDMENT 3 AND FIRST AMENDMENT TO DEVELOPMENT AGREEMENT The undersigned, owners of the property described as Lot 2, Block 4, Eden Gardens, situated in the County of Hennepin, State of Minnesota, do hereby consent to that certain Amendment 1 to Housing Project Agreement, dated April 21, 2015, filed on January 7, 2016 as Document Number A10275521 with the Office of the County Recorder, Hennepin County, Minnesota; that certain Amendment 2 to Housing Project Agreement, dated January 5, 2016, filed on January 8, 2016 as Document Number A140276218 with the Office of the County Recorder, Hennepin County, Minnesota; Amendment 3 to the Housing Project Development Agreement by and between Eden Gardens, LLC, a Minnesota limited liability company, and the Housing and Redevelopment Authority in and for the City of Eden Prairie dated the 14 day of June,2016; and First Amendment to Development Agreement by and between Eden Gardens, LLC, a Minnesota limited liability company and the City of Eden Prairie, a municipal corporation, dated June 14,2016,to which this Consent is attached and agree to be bound by the same. The undersigned consent to the recording of this Consent in real estate records of the Office of the County Recorder, Hennepin County, Minnesota. In testimony thereof, the undersigned have hereunto executed this instrument this day of , 2016. OWNERS BRIAN GOTTSCHALK LAURA GOTTSCHALK STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me this day of , 2016,by Brian Gottschalk and Laura Gottschalk. Notary Public CITY COUNCIL AGENDA DATE: SECTION: Proclamations and Presentations June 14, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Jay Lotthammer, Director, Donation from Kromminga Family for IV.A. Parks and Recreation Veterans Memorial Requested Action Move to: Adopt the Resolution accepting the donation in the amount of$1000 from the Kromminga family for the Eden Prairie Veterans Memorial. Synopsis The Eden Prairie Veterans Memorial is located in Purgatory Creek Park and was dedicated on Veterans Day 2008. The City of Eden Prairie owns the park and is the memorial's custodian. The Veterans Wall of the Memorial honors individuals who have served in the U.S. military and the Honor Wall pays tribute to those from Eden Prairie who have laid down their life in order to ensure our freedom. All veterans are welcome and are not required to be from Eden Prairie to be included in this memorial. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2016- RESOLUTION RELATING TO ACCEPTANCE OF GIFTS BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT: The gift to the City in the amount of$1000 to be towards the Eden Prairie Veterans Memorial from the Kromminga family is hereby recognized and accepted by the Eden Prairie City Council. ADOPTED by the City Council of the City of Eden Prairie this 14th day of June, 2016. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk ITEM NO.: VI.A. UNAPPROVED MINUTES CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY, MAY 24, 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 Recorders Lorene McWaters and Jan Curielli Workshop-Heritage Room II I. SOUTHWEST LRT CORRIDOR HOUSING STUDY Kerri Pearce Ruch of Hennepin County, and Cathy Bennett of ULI MN presented the Southwest Corridor Housing Strategy report. The report was produced by the Community Works Steering Committee, which provides guidance and direction for the SWLRT Community Works program. The Southwest Community Works' vision is to collaborate and partner to make the Southwest Corridor a premier destination that is accessible, livable and vibrant. The goal of the strategy is position the Southwest LRT communities as a place for all to live and to provide a full range of housing choices. Outreach for this process began in August 2015 with a roundtable with housing developers and funders. Additional meetings were held with housing advocates, the community and business advisory committees, city authorities and Met Council. The program's new construction target is approximately 11,200 new units within 1/2 mile of the corridor by 2030. The preservation target is 3,800 unsubsidized affordable rental units within 1/2 mile of the corridor by 2030. The corridor housing strategy targets represent about 35 percent of Met Council's need allocation for the five corridor cities. The strategy outlines implementation guidelines for cities and partner organizations, including Southwest LRT Community Works, Hennepin County, funders, advocates, Met council, developers and employers. Next steps for the housing workgroup include: • Developing a plan to move implementation strategies forward • Tracking progress on strategy implementation • Continuing engagement with policymakers and stakeholders II. TREE POLICIES UPDATE Matt Bourne, Julie Klima and Jay Lotthammer presented proposed updates to the City's tree policies based on input the City Council provided at the April 5 workshop. City Council Workshop Minutes May 24, 2016 Page 2 Bourne said staff is recommending adding Heritage Tree protection language to the City Code. What qualifies as a Heritage Tree needs to be determined. Staff is suggesting any tree over 27 inches in circumference can qualify as a heritage tree. Nelson said 27 inches is not very big, and suggested a larger circumference. Council Members had many questions about how trees would be designated and what type of protection the designation would provide. Aho said it sounds like it could be costly to maintain such a program. Council Member Butcher Wickstrom said the program would be about a community value. She suggested the forming a commission to help coordinate the program. Tyra-Lukens said she is in favor of a program as long as it is workable. Council Member Nelson asked about the process for taking down diseased trees. Bourne said property owners need to obtain a permit to remove diseased trees. Council Member Aho said the process seems very time consuming. Tyra-Lukens suggested that the City communicate with property owners periodically about the rules relating to tree removal. Bourne said the City also uses social media and the City's website to keep residents informed. Lotthammer said he has the impression that the Council Members are of the opinion that homeowners should be able to take down trees on their private property. Mayor Tyra-Lukens said it seems as if a lot of property owners already take down trees anyway. Council Member Case said there are a number of items that require further discussion. He suggested scheduling another workshop to address them. III. PRESENTATION OF HISTORICAL PHOTO PROJECT Heritage Preservation Commission Member Cindy Evert described how the historical photo project was conceived and brought to life. She thanked the City Council and City staff for their support, and talked about how the Heritage Preservation Commission and Eden Prairie Historical Society partnered to locate and choose photos, and the process of designing the final product. Open Podium - Council Chamber IV. OPEN PODIUM A. TOM MADDEN—TOBACCO SAMPLING ORDINANCE -AGAIN Tom Madden, 19260 Lake Avenue, Deephaven, MN, said he had additional information to bring to the Council in hopes the ordinance regarding sampling of e cigarettes could be amended. He said there are 16 locations in Eden Prairie that are selling e cigarettes. He noted he has had discussions with City Attorney Rosow and City Manager Getschow regarding information from the FDA and Homeland Security that indicates the FDA did not have enough data on which to base their recommendations against the use of e cigarettes. V. ADJOURNMENT ITEM VI.B. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,MAY 24, 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 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. SENIOR AWARENESS PROCLAMATION Tyra-Lukens read a proclamation proclaiming May 2016 to be Senior Awareness Month. She said Eden Prairie has a long standing tradition to recognize seniors during this month each year. C. HUMAN RIGHTS AWARDS (taken out of sequence) Human Rights &Diversity Commission(HRDC)member Greg Leeper presented a Business Award to Wynne Anderson of World Auto because of World Auto's inclusive, fair-minded, and `above and beyond' support to many residents who access the car repair assistance program. The staff at World Auto model what it looks like to offer respectful, sensitive and compassionate service to families who are facing barriers and are often in a time of crisis. Along with their extra mile support to families, World Auto is an outstanding partner with PROP and has proactively built relationships with the case management team there to best serve their mutual customers. CITY COUNCIL MINUTES May 24, 2016 Page 2 HRDC student commissioner Turner Gunderson presented a Business Award to Brunswick Zone to recognize Brunswick Zone and its staff for being an inclusive, accommodating, and supportive business for adults and children with disabilities. The Brunswick Zone staff works with AR&LE that serves individuals with disabilities in Bloomington, Edina, Eden Prairie and Richfield and TRAIL, a local nonprofit. Brunswick staff are welcoming,know many of the participants by name, and make each of their adaptive bowlers feel comfortable and very special. HRDC student commissioner Adrienne Retzlaff presented the Individual Award to Hanadi Chehabeddine. She said Ms Chehabeddine upholds the values of the Manifesto through her work to build bridges of unity by dismantling misinformation and fear about Muslims. She seeks to counteract the negativity in much of the media by living out and speaking about the peacefulness of Islam. Tyra-Lukens congratulated the award recipients and thanked them for all they do for the community. B. HERITAGE PRESERVATION AWARD Tyra-Lukens said the Heritage Preservation Award recognizes an individual, family or business that has gone above and beyond their usual responsibilities to promote, preserve, rehabilitate or restore Eden Prairie's heritage resources. Heritage Preservation Commission Chair Steve Olson said many people care about the City of Eden Prairie and our heritage, and this award was initiated in recognition of those who help to preserve those resources and promote the use of the historic sites. He said the recipient of the 2016 Heritage Preservation Award is Steven Schussler for his preservation of the Goodrich-Ramus Barn, now known as the Green Acres Event Center. Olson noted the barn was destined to be demolished, but it was found to be of historic significance because of certain features of its construction. Mr. Schussler read about the barn in the Minneapolis newspaper and offered to purchase it, and, after an investment of$1.5 million, opened the event center in 2013. He thanked Mr. Schussler for his investment in the community. Steven Schussler thanked the City Council and City staff for their support of the project. He noted it was a dream of many members of the community, including the HPC and the Eden Prairie Historical Society, to restore and preserve the barn. D. ACCEPT TREE DONATION (RESOLUTION NO. 2016-65) Lotthammer said in the spirit of Arbor Day, the VanLangendon family would like to donate $510 to purchase three Serbian spruce trees to be planted at Rice Marsh Lake Park. MOTION: Case moved, seconded by Aho, to adopt Resolution No. 2016-65 accepting the donation in the amount of$510 from the VanLangendon family towards the purchase and planting of three Serbian Spruce trees at Rice Marsh Lake Park. Motion carried 5-0. CITY COUNCIL MINUTES May 24, 2016 Page 3 V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Aho moved, seconded by Case, to approve the agenda as published. Motion carried 5-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, MAY 3, 2016 MOTION: Butcher Wickstrom moved, seconded by Aho, to approve the minutes of the Council workshop held Tuesday, May 3, 2016, as published. Motion carried 5- 0. B. CITY COUNCIL MEETING HELD TUESDAY, MAY 3, 2016 MOTION: Butcher Wickstrom moved, seconded by Case, to approve the minutes of the City Council meeting held Tuesday, May 3, 2016, as published. Motion carried 5-0. VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR Case asked that Item VIII.F. be considered separately as he planned to abstain from voting on that item A. CLERK'S LICENSE LIST B. APPROVE SECOND READING OF ORDINANCE NO. 11-2016 AMENDING CITY CODE CHAPTER 4 TO LICENSE SALE OF ALCOHOL IN RESTAURANT MOVIE THEATERS AND ADOPT RESOLUTION NO. 2016- 66 APPROVING PUBLICATION OF SUMMARY ORDINANCE C. ADOPT RESOLUTION NO. 2016-67 APPROVING FINAL PLAT OF SHADY OAK CROSSTOWN SECOND ADDITION D. DECLARE ABANDONED PROPERTY E. AWARD CONTRACT FOR 2016 CONCRETE SUPPLY TO CEMSTONE F. APPROVE CHANGE ORDER NO. 2 FOR SOUTHERN SEGMENT OF THE SHADY OAK RD. IMPROVEMENTS G. APPROVE CHANGE ORDER NO. 1 FOR WEST 70TH ST. EXTENSION IMPROVEMENT PROJECT CITY COUNCIL MINUTES May 24, 2016 Page 4 H. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH WENCK ASSOCIATES, INC. FOR PURGATORY CREEK BANK STABILIZATION NEAR 11193 BLUESTEM LANE I. APPROVE AGREEMENT WITH WENCK ASSOCIATES FOR PHASE VI POND INVENTORY AND INSPECTION PROGRAM J. APPROVE LEASE FOR COMMUNITY GARDENS AT PIONEER TRAIL K. REJECT BIDS FOR MILLER PARK STORAGE BUILDING L. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH HTPO FOR ROUND LAKE PHASE II M. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH HTPO FOR MILLER FIELD 8 IMPROVEMENTS N. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH HTPO FOR RECONSTRUCTION OF FIELD 10 AT MILLER PARK O. AWARD CONTRACT FOR STARING LAKE PLAY AREA RENOVATION P. APPROVE MAINTENANCE AGREEMENT WITH RILEY PURGATORY BLUFF CREEK WATERSHED DISTRICT FOR ROUND LAKE PHASE II Q. AWARD CONTRACT FOR WATERFORD ROAD AREA AND LARKSPUR LANE AREA SUMP PUMP COLLECTION SYSTEM PROJECT TO VALLEY RICH CO., INC. MOTION: Case moved, seconded by Aho, to approve Items A-E and G-Q on the Consent Calendar. Motion carried 5-0. MOTION: Nelson moved, seconded by Butcher Wickstrom, to approve Item F on the Consent Calendar. Motion carried 4-0-1,with Case abstaining. IX. PUBLIC HEARINGS/MEETINGS A. RESOLUTION NO. 2016-68 VACATING PUBLIC DRAINAGE & UTILITY EASEMENTS OVER LOT 1, BLOCK 1, SHADY OAK CROSSTOWN ADDITION Getschow said this is a vacation of easements related to the BP and Starbucks project in the Shady Oak Crosstown 2nd Addition. These easements will be vacated, and new ones will be dedicated. The City is required to hold a public hearing to consider vacating utility easements. There were no comments from the audience. CITY COUNCIL MINUTES May 24, 2016 Page 5 MOTION: Butcher Wickstrom moved, seconded by Case, to close the public hearing, and to adopt Resolution No. 2016-68 vacating the public Drainage and Utility Easements lying over,under and across Lot 1, Block 1, Shady Oak Crosstown Addition, Hennepin County, Minnesota. Motion carried 5-0. B. CLIMATECH by Climatech. Request for Site Plan Review on 6.98 acres. Location: 6950 Washington Ave. S. (Resolution No. 2016-69 for Site Plan Review) Getschow said a few months ago the Council passed a resolution authorizing an application for a Department of Employment and Economic Development (DEED) loan to Climatech through DEED's Minnesota Investment Fund(MIF). This item is a site plan review of the project. The proposed plan includes exterior improvements, a new office and visitor parking entrance,parking lot re- configuration inclusive of a storm-water infiltration pond, and a new silo. It is a one-story office/warehouse building of approximately 90,000 square feet that was constructed on site in 1974. The current structure meets the current required exterior building materials and structure setback requirements for the I-5 Zoning District. The Planning Commission voted 6-0 to recommend approval of the project at the April 25, 2016, meeting. Scott Ringlan, COO of Climatech, reviewed the proposal, and noted the site fit perfectly with their requirements. He said Climatech is 100% employee owned. Jeremiah Simones, architect,reviewed the site plan and landscaping plans for the project which will update the parking, add new dock doors, and add new windows and a vestibule. Tyra-Lukens asked if what they refer to as the silo abuts the building itself. Mr. Simones replied it is next to the building and is about eight feet higher than the building. Butcher Wickstrom asked if there will be noise associated with use of the silo. Mr. Ringlan said trucks will pull up and empty their loads into the silo. The material will then be fed into the plant. Tyra-Lukens noted this will be a big improvement over what is there today. There were no comments from the audience. MOTION: Aho moved, seconded by Butcher Wickstrom, to close the public hearing, and to adopt Resolution 2016-69 for Site Plan Review on 6.98 acres. Motion carried 5-0. CITY COUNCIL MINUTES May 24, 2016 Page 6 X. PAYMENT OF CLAIMS MOTION: Case moved, seconded by Nelson, to approve the payment of claims as submitted. Motion was approved on a roll call vote, with Aho,Butcher Wickstrom, Case, Nelson and Tyra-Lukens voting "aye." XI. ORDINANCES AND RESOLUTIONS A. FIRST READING OF AN ORDINANCE AMENDING CITY CODE SECTIONS 6.01 TO 6.03 AND 6.05 TO 6.07, RELATING TO RIGHT-OF-WAY Getschow said this item deals with utility work in the right-of-way and updates the standards for those that work in the City's right-of-way. Recent concerns about the number of public and private utilities vying for space in the right-of-way and the manner in which project areas are being restored has led to the need to amend the code to set more specific and stringent standards. In addition to a number of editorial changes, the following specific changes were made: permit application information requirements; standards for underground utility installation; standards for above ground system installations; standards for notification of affected property owners prior to work starting; standards for site restoration; addressing failure to perform work in a safe and expeditious manner. He said staff believes this would be a positive update to the City code. Nelson said she has had a couple of complaints about this and asked how fast the utilities are required to restore the area. Ellis replied the ordinance does not specify a number of days because a lot of the restoration work depends on the time of the year. Staff plans to address that through the permitting process with specific restrictions put on each individual permit. The specific restrictions will vary widely depending on the circumstances. He noted some work is City-wide and other work is just done on a specific location. The ordinance will require notification to the property owners, expedient installation of the facility, and restoration after the project is completed. Nelson asked if we would try to have utilities put underground. Ellis replied the City does not have the authority to require that companies pay to do that,but we do try to find ways to bury them as much as possible. Aho asked if work done on both public and private property easements would require remediation of the damage. Ellis said this chapter is specific to the public right-of-way. He was not sure we would have authority if the work is done entirely on private property. Aho said he had a recent incident where a utility truck was driven through his yard leaving deep ruts and damaging the lawn. He met with a representative of the utility company, and they said they were committed to having their tree vendor remediate the damage. He was concerned that the ordinance will protect our residents against such incidents. Ellis said that would be true to a certain extent. Both Xcel Energy and CenterPoint do a lot of work in Eden Prairie, CITY COUNCIL MINUTES May 24, 2016 Page 7 so we reach out to both of those companies when we get phone calls related to this subject. MOTION: Case moved, seconded by Nelson, to approve first reading of an ordinance amending City Code Sections 6.01 through 6.03 and 6.05 through 6.07, relating to the right-of-way. Motion carried 5-0. 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 F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Case moved, seconded by Aho, to adjourn the meeting. Motion carried 5-0. Mayor Tyra-Lukens adjourned the meeting at 7:37 PM. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar June 14, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Christy Weigel, Clerk's License Application List VIII.A. Police/ Support Unit These licenses have been approved by the department heads responsible for the licensed activity. Requested Action Motion: Approve the licenses listed below Raffle Amendment to Liquor License Organization: Northern Star Council, Boy 2AM Closing Permit -Renewal Scouts of America Last Call Operating Co II Inc. Place: Bearpath Golf& Country Club DBA: Champps Americana 18100 Bearpath Trail Date: July 25, 2016 Temporary Liquor Organization: Wings of the North New On-Sale & Sunday Liquor License Event: Beer&Wine Tasting @ Air Expo with Optional 2AM Closing License Date: July 16, 2016 Licensee Name: American Multi-Cinema, Inc Place: Flying Cloud Airport DBA: AMC of Eden Prairie Mall 18 14801 Pioneer Trail 8251 Flying Cloud Drive, #4000 New On-Sale & Sunday Liquor License with Optional 2AM Closing License Licensee Name: Compass Group USA, Inc DBA: Cafeleven 11000 Optum Circle New On-Sale & Sunday Liquor License with Optional 2AM Closing License— New Ownership Licensee Name: KRG, LLC (Formerly Purple Star, Inc) DBA: Green Mill of Eden Prairie 8266 Commonwealth Drive - 1 - CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar June 14, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: Approve Second ITEM NO.: Public Works/Engineering Reading of an Ordinance Amending City Code VIII.B. Robert Ellis Sections 6.01 through 6.03 and 6.05 through 6.07, Relating to the Right-of-Way Requested Action Move to: Approve Second Reading of an Ordinance Amending City Code Sections 6.01 through 6.03 and 6.05 through 6.07, Relating to the Right-of-Way and adopt Resolution approving Summary Ordinance. Synopsis City Code Sections 6.01 through 6.03 and 6.05 through 6.07 are being amended to provide better controls over work performed within the right-of-way(ROW). The amended code will provide standards for private utility installation above ground and below ground. It also sets standards for site restoration, public notification and traffic control. As rights-of-way become more crowded with above and below ground infrastructure, there is an added need to improve how this space in managed. This ordinance amendment establishes expectations for how work is accomplished,where facilities can be located,and how sites must be restored upon completion. Background Information The origins of much of Chapter Six of the Eden Prairie City Code can be traced back to 1982 with substantial additions and revisions made in 2006. Recent concerns about the number of public and private utilities vying for space in the ROW and the manner in which project areas are being restored has lead to the need to amend the code to set more specific and stringent standards. In addition to a number of editorial changes, the following specific changes were made: • Permit application information requirements. • Standards for underground utility installation. • Standards for above ground system installations. • Standards for notification of affected property owners prior to work starting. • Standards for site restoration. • Addressing failure to perform work in a safe and expeditious manner. Attachments • Ordinance • Ordinance Summary CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 12-2016 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE CHAPTER 6 RELATING TO RIGHT-OF-WAY PERMITS; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 6.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. City Code Chapter 6, Sections 6.01, 6.02, and 6.03 are hereby amended by deleting Sections 6.01, 6.02, and 6.03 in their entirety and replacing them with the following: SECTION 6.01. DEFINITIONS. Except as otherwise defined in the City Code or where the context clearly indicates a contrary intent, the words and terms defined in Minnesota Statutes Chapter 169, Minnesota Statutes Chapter 237, and Minnesota Administrative Rules Chapter 7819, all as amended from time to time, shall be applicable to City Code Chapters 5, 6, 7 and 8. Wherever reference is made to an individual or position in this Chapter, it shall mean the individual or person or his/her designee. The following words, terms and phrases, as used herein, have the following meanings unless the context clearly indicates otherwise: Subd. 1. "Abandoned Facility" - a facility no longer in service or physically disconnected from a portion of the operating facility, or from any other facility, that is in use or still carries service; or a facility that is declared abandoned by the right-of-way user. Subd. 2. "Applicant" - any person requesting permission from the City to excavate or obstruct a right-of-way. Subd. 3. "Commercial Wireless Telecommunication Facility" - a tangible asset used to provide commercial wireless telecommunication services as defined in City Code Section 11.02, including all antennas, support devices, and telecommunications mechanical equipment including ground-mounted equipment, associated cables, and attachments. Subd. 4. "Delay Penalty" - the monetary penalty imposed by the City as a result of unreasonable delays in permitted work within the right-of-way, including but not limited to construction, excavation, obstruction, patching, or restoration. Subd. 5. "Director" -the City's Director of Public Works or his or her designee. Subd. 6. "Emergency" - a condition that poses a clear and immediate danger to life or health; may result in a significant loss of property; or requires immediate repair or replacement in order to restore service to a customer. Subd. 7. "Equipment" - any tangible asset located within the right-of-way that is used in the process of construction, installation, repair, or maintenance. Subd. 8. "Excavate" - to dig into or in any way remove, physically disturb, or penetrate any part of a public right-of-way. Subd. 9. "Facility" or "Facilities" - any tangible asset(s) in the right-of-way required to provide utility service. The term does not include facilities to the extent the location and relocation of such facilities are preempted by Minnesota Statutes Section 161.45 governing utility facility placement in state trunk highways. Subd. 10. "Ground-Mounted Equipment" — equipment used in the operation of commercial wireless telecommunication facilities that is located on the ground and protrudes above the surface elevation of the ground. Subd. 11. "High Density Corridor" - a designated portion of the public right- of-way within which telecommunications right-of-way users having multiple and competing facilities may be required to build and install facilities in a common conduit system or other common structure. Subd. 12. "Local Guide Specifications and Standard Details" - the following rules and regulations of the City: General Conditions to the Standard Specifications for Construction; Standard Detail Specifications for Sanitary and Storm Sewer Systems; Standard Detail Specifications for Watermain Systems; Standard Detail Specifications for Sanitary and Storm Sewer and Watermain Systems Excavation, Installation and Non-Pavement Restoration Procedures; and Standard Detail Specifications for Street Construction, Walkways, and Pavement Restoration. Subd. 13. "Obstruct" - to place any tangible object upon a public right-of-way so as to hinder free and open passage over that or any part of the right-of-way. Subd. 14. "Patch or Patching" - a method of pavement replacement that is temporary in nature. A patch consists of: (1) the compaction of the subbase and aggregate base, and (2) the replacement, with the same grade of material, of the existing pavement for a minimum of two feet beyond the edges of the excavation in all directions. Subd. 15. "Pavement" - any type of improved surface that is within the public right-of-way and that is paved or otherwise constructed with paver blocks, bituminous, concrete, aggregate, or gravel. Subd. 16. "Permit Holder" - any person to whom a permit to excavate or obstruct a right-of-way has been granted by the City. Subd. 17. "Person" - all firms, partnerships, associations, limited liability companies, corporations, and natural persons. Subd. 18. "Potholing" - excavating the area above an underground facility to determine the precise location of the underground facility without damage to it, before excavating within two feet of the marked location of the underground facility. Subd. 19. "Public Right-of-Way" - the area on, below, or above a public roadway, highway, street, cartway, bicycle lane, trail, and public sidewalk in which the City has an interest, including other dedicated rights-of-way for travel purposes and utility easements of the City. Subd. 20. "Public Utility Structure" — a structure or pole supporting wires for communication or transmission of data, electricity, roadway lighting, or commercial wireless telecommunication facilities. Subd. 21. "Restore" or "Restoration" - the process by which the right-of-way and surrounding area, including pavement, foundation, surfacing, and ground vegetation are returned to the same condition and life expectancy that existed before excavation. Subd. 22. "Right-of-Way Permit" — a permit to perform work in a public right- of-way, whether to excavate or obstruct the right-of-way. Subd. 23. "Right-of-Way User" — (1) a telecommunications right-of-way user; or (2) a person owning or controlling a facility in the public right-of-way that is used or is intended to be used for providing utility service, and who has a right under law, franchise, or ordinance to use the public right-of-way. Subd. 24. "Service" or "Utility Service" - includes (1) services provided by a public utility as defined in Minnesota Statutes section 216B.02, subdivisions 4 and 6; (2) services of a telecommunications right-of-way user, including the transporting of voice or data information; (3) services provided by a cable communications system as defined in Minnesota Statutes, Chapter 238; (4) natural gas or electric energy or telecommunications services provided by a local government unit; (5) services provided by a cooperative electric association organized under Minnesota Statutes, Chapter 308A; (6) water, sewer, steam, cooling, or heating services; (7) pipeline, community antenna television, fire and alarm communications, electricity, light, energy, or power services; (8) the services provided by a public service corporation organized pursuant to Minnesota Statutes, Chapter 301B; and (9) the services provided by a district heating or cooling system. Subd. 25. "Service Lateral" - an underground facility that is used to transmit, distribute, or furnish gas, electricity, communications, or water from a common source to an end-use customer. A service lateral is also an underground facility that is used in the removal of wastewater from a customer's premises. Subd. 26. "Telecommunications Right-of-Way User" — a person owning or controlling a facility in the public right-of-way, or seeking to own or control a facility in the public right-of-way, that is used or intended to be used for transporting telecommunications or other voice or data information. Subd. 27. "Trench" - an excavation in the right-of-way having a length equal to or greater than the width of the right-of-way for the sections of roadway where the work is occurring, including a directional bore. SECTION 6.02. APPLICATION AND SCOPE. Except as otherwise stated therein, the provisions of Chapters 5, 6, 7, and 8 are applicable to all users of the streets, public ways, rights-of-way and roadways within the City, including but not limited to those owned or operated by the United States, the State of Minnesota, or any county, town, city, district, or other political subdivision located wholly or partially within the corporate limits of the City. SECTION 6.03. RIGHT-OF-WAY PERMITS. Subd. 1. Permit Required. Except as otherwise provided in the City Code, no person may temporarily or permanently obstruct or excavate any public right-of-way without first having obtained a right-of-way permit from the City. Subd. 2. Permit Applications. A. A written application for a right-of-way permit shall be submitted to the Public Works Department at least two weeks prior to the anticipated project start date. The application shall be made on a form provided by the City and shall include all required attachments, a scaled drawing showing the location and area of the proposed project and the location of all proposed facilities, a traffic control plan, a restoration plan, a timeline for the proposed project, and, if requested by the Director, a scaled drawing showing the location of all known existing facilities and a public notification plan. All such applications shall be consistent with the provisions of this Chapter and good engineering, safety, and maintenance practices shall be followed for the work or activity conducted under the right-of- way permit. B. The application shall require the applicant to defend, indemnify and hold the City harmless from all liability or claims of liability for bodily injury or death to persons, or for property damage, for those claims specified in Minnesota Rule 7819.1250, subpart 2. C. If the City has suffered any undisputed loss, damage, or expense because of the applicant's prior excavations or obstructions of the public right-of-way or any emergency actions relating thereto, the Director may require the applicant to reimburse the City for such expense before considering a new permit application for approval. D. Before granting any permit under any of the provisions of this Chapter, the Director may impose such insurance, bonding, letter of credit, cash deposit, or other financial security requirements thereon as deemed necessary to properly safeguard persons or property exposed to the work or activity. Such insurance shall also protect the City and its employees from any suit, action or cause of action arising by reason of such work or activity. E. If requested by the Director, an applicant for a right-of-way permit shall provide mapping information in accordance with Minnesota Rules 7819.4000 and 7819.4100. Subd. 3. Issuance of Permit and Conditions. Upon the Director's determination that the applicant has satisfied the requirements of this Section, the Director shall issue the right-of-way permit subject to the terms and conditions of this Chapter. The Director may impose reasonable conditions upon the issuance of the right-of-way permit and the performance of the permit holder to protect the health, safety, and welfare or when necessary to protect the right-of-way and its current use. In addition, a permit holder shall comply with all requirements of local guide specifications and standard details as well as all local, state and federal laws, including but not limited to Minnesota Statutes Chapter 216D and Minnesota Rules Chapter 7560 (Gopher One Call Excavation Notice System). Subd. 4. Permit Fees. The City shall establish a right-of-way permit fee in an amount sufficient to recover City costs. The City shall impose the permit fee at the time it issues a right-of-way permit. The City, in its sole discretion, may require payment of the permit fee: (1) at the time of permit issuance; (2) within thirty(30) days of billing; or(3) through an annual billing. Failure to pay permit fees when due may result in suspension or revocation of a right-of-way permit. Permit fees paid for a permit that has been revoked by the Director are not refundable. Unless otherwise agreed to in a franchise agreement, permit fees may be charged separately from and in addition to the franchise fees imposed on a right-of-way user in the franchise agreement. Subd. 5. Permit Display. Right-of-way permits issued under this Chapter shall be conspicuously displayed or otherwise available at all times at the indicated work site and shall be available for inspection by the Director. Subd. 6. Permit Extensions. A right-of-way permit is valid only for the area of the public right-of-way specified in the permit and for the dates specified in the permit. No permit holder may do any work outside of the area specified in the permit or begin its work before the permit start date or continue working after the permit end date. Any permit holder desiring to obstruct or excavate an area greater than that specified in the permit or desiring to perform work on dates not specified in the permit shall apply for a new or extended right-of-way permit and pay any additional fees required by the City. The permit holder shall obtain the new or extended permit before performing any work not allowed by the original permit. Subd. 7. Denial of Permit. The City may deny a right-of-way permit for failure to meet the requirements and conditions of this Section or if the City determines that the denial is necessary to protect the health, safety, and welfare of the public or when necessary to protect the right-of-way and its current use. Subd. 8. Standards for Construction or Installation. A. General Standards. Excavation, backfilling, patching, restoration, and all other work performed in the right-of-way must be done in conformance with all applicable Minnesota Statutes and Administrative Rules, including without limitation Rules 7819.5000 and 7819.5100, all requirements of the City Code, and local guide specifications and standard details that are consistent with Minnesota Statutes Sections 237.162 and 237.163. Installation of service laterals must be performed in accordance with Minnesota Rules Chapter 7560 and the City Code. The permit holder shall comply with the following additional standards when performing the work authorized under the right-of-way permit: 1. Take such precautions as are necessary to avoid creating unsanitary conditions. 2. Conduct the operations and perform the work in a manner that insures the least obstruction to and interference with traffic. 3. Take adequate precautions to insure the safety of the general public and those who require access to abutting property. 4. Notify adjoining property owners prior to commencement of work which may disrupt the use of and access to such adjoining properties. 5. Comply with the Minnesota Manual of Uniform Traffic Control Devices at all times during construction or installation. 6. Exercise caution at all times for the protection of persons, including employees, and property. 7. Protect and identify excavations and work operations with barricade flags and, if required, by a flag person in the daytime and by warning lights at night. 8. Provide proper trench protection as required by the Occupational Safety and Health Administration in order to prevent cave-ins endangering life. 9. Protect the root growth of trees and shrubbery. 10. If possible, provide for space in the installation area for other right-of-way users. 11. Maintain access to all properties and cross streets as possible during construction and installation and maintain emergency vehicle access at all times. 12. Maintain alignment and grade unless otherwise authorized by the City. Changes not approved by the City will require removal and reconstruction. 13. During plowing or trenching of facilities, a warning tape must be placed at a depth of twelve (12) inches above copper cables with over two hundred (200)pairs and above fiber facilities. 14. Below concrete or bituminous paved road surfaces, directional bore facilities must be installed in conduit of a type determined by the permit holder. 15. The placing of all facilities must comply with the National Electric Safety Code, as incorporated by reference in Minnesota Statutes section 326B.35. 16. At the direction of the Director, facilities being installed or relocated within a high density corridor shall be placed in a common conduit system or share other common structures. 17. A Minnesota licensed surveyor shall be used to locate property lines, install property pins, and replace any destroyed property pins at corners. 18. Excavations, trenches, and jacking pits off the roadway or adjacent to the roadway or curbing shall be sheathed and braced depending upon location and soil stability and as directed by the City. 19. Excavations, trenches, and jacking pits shall be protected when unattended to prevent entrance of surface drainage. 20. All backfilling must be placed in six inch (6") layers at optimum moisture and compacted with the objective of attaining ninety-five percent (95%) of Standard Proctor. Compaction shall be accomplished with hand, pneumatic, or vibrating compactors as appropriate. 21. Backfill material shall be subject to the approval of the Director. The Director may permit backfilling with the material from the excavation provided such material is acceptable to the Director. 22. Compacted backfill shall be brought to bottom of the aggregate base of the approved street section. 23. All work performed in the right-of-way shall be done in conformance with local guide specifications and standard details, unless a less stringent standard is approved by the Director. 24. Street and pedestrian traffic shall be maintained throughout construction unless provided otherwise by the permit. 25. No lugs damaging to roadway surfaces may be used. 26. Dirt or debris must be periodically removed during construction, which may require the use of a mechanical sweeper. 27. Above-ground utility markers may not be installed except as authorized by the Director. 28. Other reasonable standards and requirements of the Director. B. Standards for Installation of Underground Utilities. The permit holder shall comply with the following standards when installing facilities underground: 1. Buried fiber facilities shall be at a minimum depth of three (3) feet and a maximum depth of four (4) feet unless an alternate location is approved in advance by the Director. Buried copper facilities below concrete or bituminous paved road surfaces must be placed at a minimum depth of three (3) feet and a maximum depth of four (4) feet. Other buried copper facilities must be placed at a minimum depth of thirty (30) inches and a maximum depth of four(4) feet. 2. Crossing of streets and hard surfaced driveways shall be directional bored unless otherwise approved by the Director. 3. If construction is open cut, the permit holder must install the visual tracers within twelve (12) inches and over buried facilities. If other construction methods are used, substitute location methods will be considered. 4. The permit holder shall register with Gopher State One Call and comply with the requirements of that system. 5. Compaction in a trench shall be ninety-five percent (95%) of Standard Proctor and copies of test results must be submitted to the Director. Tests will be required at the discretion of the Director. Tests must be conducted by an independent testing firm at locations approved by the Director. The Director may require recompaction and new tests if densities are not met. 6. The facilities shall be located so as to avoid traffic signals and signs, which are generally placed a minimum of three (3) feet behind the curb. 7. When utilizing trenchless installation methods to cross an area in which a municipal utility is located, and when directed by the City, the permit holder shall excavate an observation hole over the utility to ensure that the City utility is not damaged. 8. All junction boxes or access points shall be located no closer than ten (10) feet from City hydrants, valves, manholes, lift stations, or catch basins unless an alternate location is approved by the City. 9. Underground facilities shall not be installed between a hydrant and an auxiliary valve. 10. Buried telecommunications facilities must have a locating wire or conductive shield, except for di-electric cables. 11. Buried fiber facilities must be placed in a conduit of a type determined by the right-of-way user unless the permit holder obtains a waiver from the City. C. Standards for Installation of Overhead Facilities. The permit holder shall comply with the following standards when installing facilities overhead: 1. All wires shall be a minimum of eighteen (18) feet above paved surfaces and at a location that does not interfere with traffic signals, overhead signs, or street lights. 2. Facilities shall be co-located on poles where possible. 3. Placing overhead facilities on both sides of the right-of-way is prohibited unless specifically approved by the Director. D. Trenchless Excavation. A permit holder employing trenchless excavation methods, including but not limited to horizontal directional drilling, shall follow all requirements set forth in Minnesota Statutes Chapter 216D and Minnesota Rules Chapter 7560, and shall employ potholing or open cutting over existing underground utilities before excavating as determined by the City. E. Location of Facilities. 1. Location. Placement, location, and relocation of facilities must comply with local guide specifications and standard details and other applicable laws, and with Minnesota Rules 7819.3100, 7819.5000, and 7819.5100. 2. Corridors. The City may assign specific corridors within the right-of- way, or any particular segment thereof, for each type of facility that is or, pursuant to current technology, the City expects will someday be located within the right-of-way. All right-of-way permits issued by the City involving the installation or replacement of facilities shall designate the proper corridor for the facilities at issue. Facilities being installed or relocated within a high density corridor shall be placed in a common conduit system or share other common structures. 3. Limitation of Space. To protect the health, safety, and welfare of the public or when necessary to protect the right-of-way and its current use, the Director shall have the power to prohibit or limit the placement of new or additional facilities within the right-of-way. The Director shall strive to accommodate all existing and potential users of the right-of-way, but shall be guided primarily by considerations of the public interest, the public's needs for the particular utility service, the condition of the right-of-way, the time of year with respect to essential utilities, the protection of existing facilities in the right-of-way, and future City plans for public improvements and development projects. F. Standards for Commercial Wireless Telecommunication Facilities. 1. Purpose and Findings. The City desires high quality commercial wireless telecommunication services to accommodate the needs of residents and businesses. At the same time, the City strives to minimize the negative impacts that commercial wireless telecommunication facilities can have on aesthetics and public safety. Due to the many services that must be delivered within its limited area, the City also strives to avoid unnecessary encumbrances within the public right-of-way. The City allows and regulates commercial wireless telecommunication facilities through performance standards and height limits as prescribed in Chapter 11, Section 11.06. The purpose of this section is to regulate the installation of commercial wireless telecommunication facilities within the public right-of-way in a manner that balances desire for service with aesthetic, public safety, and right-of-way flexibility concerns. Public rights-of-way are appropriate locations for commercial wireless telecommunication facilities that present minimal impacts (i.e. small tower attachments that do not require new poles, do not require pole extensions, and do not have associated ground-mounted equipment). Commercial wireless telecommunication facilities that require greater heights than can be afforded by existing poles in the public right-of-way and those that require ground-mounted equipment are more appropriately sited outside of the public right-of-way in accordance with the performance standards contained in Chapter 11. The City recognizes that, as wireless technology advances, some residential areas of the City may be hard to serve with wireless technology due to the lack of siting alternatives in the immediate vicinity. In such areas, where no alternative non-right-of-way locations are available, commercial wireless telecommunication facilities that require pole extensions and ground-mounted equipment will be allowed in the public right-of-way subject to the requirements of this Section, which are meant to protect the public health, safety, and welfare. 2. Commercial Wireless Telecommunication Facilities as Attachments to Existing Public Utility Structures. Commercial wireless telecommunication facilities that comply with the following requirements may be attached to existing public utility structures within the right-of- way after issuance of a right-of-way permit: (a) The commercial wireless telecommunication facility shall not extend above the top of the existing public utility structure and the height of the existing public utility structure shall not be increased to accommodate the commercial wireless telecommunication facility. (b) If the public utility structure must be replaced to structurally accommodate the commercial wireless telecommunication facility, the height of the replacement public utility structure shall not exceed the height of the existing public utility structure and the diameter of the replacement public utility structures shall not exceed the diameter of the existing public utility structure by more than 50 percent. Once the diameter of a replacement public utility structure has been increased under the provisions of this paragraph, the diameter shall not be further increased. (c) Excluding electrical meter and mounting hardware, the commercial wireless telecommunication facility shall not have an aggregate volume greater than seven (7) cubic feet and no one device shall have a volume greater than three (3) cubic feet. (d) The commercial wireless telecommunication facility shall not have any individual surface area face greater than three (3) square feet except that an individual face of a cylindrical device shall not exceed ten (10) square feet. (e) The commercial wireless telecommunication facility shall not extend outward from the existing public utility structure or arm thereof by more than eighteen (18) inches, except that an antenna one-half(1/2) inch or less in diameter may extend an additional six (6) inches. (f) The commercial wireless telecommunication facility shall include no ground-mounted equipment within the right-of-way. (g) The commercial wireless telecommunication facility shall have limited exposed cabling and mounting hardware. It shall also match the public utility structure it is attached to in color and, as close as practicable, in material and design. (h) The City may refuse to allow commercial wireless telecommunication facilities to be attached to decorative public utility facilities. (i) The commercial wireless telecommunication facility shall not interfere with public safety wireless telecommunications. (j) Commercial wireless telecommunication facilities in the right-of- way shall be removed and relocated at the City's request and at no cost to the City when the Director determines that removal and relocation is necessary to prevent interference with: (1) present or future City use of the right-of-way for a public project; (2) the public health or safety; or (3) the safety and convenience of travel over the right-of-way. (k) A commercial wireless telecommunication facility attached to an existing public utility structure shall not block light emanating from the public utility structure and shall not otherwise interfere with the original use of the public utility structure. (1) A telecommunications right-of-way user who desires to place commercial wireless telecommunication facilities on City-owned public utility structures shall enter into a license agreement with the City, upon terms and conditions required by the City, for use of space. 3. Commercial Wireless Telecommunication Facilities as Extensions to Existing Public Utility Structures or with Ground-Mounted Equipment. Commercial wireless telecommunication facilities that require increased public utility structure height or that have ground- mounted equipment may be erected in the public right-of-way only when in compliance with the following provisions and after issuance of a right- of-way permit: (a) The applicant shall demonstrate to the satisfaction of the Director that the commercial wireless telecommunication facility cannot be placed in a location outside of the right-of-way within one quarter (1/4) mile of the proposed location. (b) The extension to the existing public utility structure, including lightning rods and all other attachments, shall not exceed the height of the existing public utility structure by more than fifteen (15) feet. Once the height of a public utility structure has been increased under the provisions of this paragraph, the height shall not be further increased. (c) The extension to the existing public utility structure shall not increase the diameter of the public utility structure by more than fifty (50) percent. Once the diameter of a public utility structure has been increased under the provisions of this paragraph, the diameter shall not be further increased. (d) Excluding electrical meter and mounting hardware, the commercial wireless telecommunication facility shall not have an aggregate volume greater than seven (7) cubic feet and no one device shall have a volume greater than three (3) cubic feet. (e) The commercial wireless telecommunication facility shall not have any individual surface area face greater than three (3) square feet except that an individual face of a cylindrical device shall not exceed ten (10) square feet. (f) The commercial wireless telecommunication facility shall not extend horizontally from the existing public utility structure or arm thereof by more than eighteen (18) inches, except that an antenna one-half(1/2) inch or less in diameter may extend an additional six (6) inches, and shall not extend vertically from the top of the public utility structure by more than thirty-six (36) inches. (g) The extension to the existing public utility structure shall match the original and surrounding public utility structures in materials and color, as determined by the Director. (h) The commercial wireless telecommunication facility shall not interfere with public safety wireless telecommunications. (i) The commercial wireless telecommunication facility should have limited exposed cabling and mounting hardware. It shall also match the public utility structure it is attached to in color and, as close as practicable, in material and design. (j) The City may refuse to allow commercial wireless telecommunication facilities to be attached to decorative public utility structures. (k) A right-of-way permit for a commercial wireless telecommunication facility that has ground-mounted equipment will be issued only if the City finds the following: (i) the ground-mounted equipment will not disrupt traffic or pedestrian circulation; (ii) the ground-mounted equipment will not interfere with vehicle and pedestrian intersection sight lines; (iii) the ground-mounted equipment will not create a safety hazard; (iv) the location of the ground-mounted equipment minimizes impacts on adjacent property; and (v) the ground-mounted equipment will not adversely impact the health, safety, or welfare of the community. (1) Ground-mounted equipment associated with the commercial wireless telecommunication facility shall comply with the provisions of Code Section 11.06, subdivision 9, and shall also meet the following performance standards: (i) be separated from the nearest ground-mounted wireless telecommunication equipment installation on the same block face by a minimum of 330 feet unless the equipment is placed underground, or unless waived by the Director; (ii) if located adjacent to residential uses, ground-mounted equipment shall be limited to three (3) feet in height above grade and twenty-seven (27) cubic feet in cumulative size; and (iii) if located adjacent to non-residential uses, ground-mounted equipment shall be limited to five (5) feet in height above grade and eighty-one (81) cubic feet in cumulative size. (m) Commercial wireless telecommunication facilities in the right-of- way shall be removed and relocated at the City's request and at no cost to the City when the Director determines that removal and relocation is necessary to prevent interference with: (1) present or future City use of the right-of-way for a public project; (2) the public health or safety; or (3) the safety and convenience of travel over the right-of-way. (n) A telecommunications right-of-way user who desires to place commercial wireless telecommunication facilities on City-owned public utility structures shall enter into a license agreement with the City, upon terms and conditions required by the City, for use of space. 4. New Structures. The erection in the public right-of-way of a new public utility structure to support commercial wireless telecommunication facilities is prohibited, except where the Director determines there is a need for additional roadway lighting, emergency warning siren, or other public infrastructure that must be supported by a public utility structure. Any new public utility structure erected to support commercial wireless telecommunication facilities allowed by the City under this paragraph and any associated or attached equipment must comply with the requirements of this Section. 5. Charges. In addition to the permit fees outlined in this Chapter, the City reserves the right to charge telecommunications right-of-way users to the extent that such charges are allowed under state law. Telecommunications right-of-way users shall be responsible for payment of real or property taxes attributable to their equipment in the public right-of-way. Subd. 9. Compliance with Chapter 11. In addition to the requirements of this Section, persons placing facilities in the public right-of-way shall comply with all applicable permitting and other requirements imposed under Chapter 11 of this Code. Where the provisions of this Section are more restrictive than the provisions of Chapter 11, the provisions of this Section shall apply. Subd. 10. Restoration of Right-of-Way. The permit holder shall patch and restore the right-of-way to the satisfaction of the Director. A. Timing. All work to be done under the right-of-way permit and all required patching and restoration of the right-of-way must be completed within the dates specified in the right-of-way permit. B. Duty to correct defects. The permit holder shall correct any defects in patching or restoration performed by the permit holder or its agents. Upon notification from the Director, the permit holder shall correct all such defects as required by the Director. Correction work shall be completed within five (5) calendar days of the receipt of the notice from the Director, not including days during which work cannot be done because of circumstances constituting force majeure. C. Failure to restore. If the permit holder fails to restore the right-of-way in the manner and to the condition required by the Director, or fails to satisfactorily and timely complete all restoration required by the Director, the City may complete the restoration. The permit holder shall reimburse the City for its reasonable costs incurred in completing the restoration and shall pay any delay penalty and/or degradation fee imposed by the City within thirty (30) days of invoice from the City. If a permit holder fails to pay as required, the City may deny future right-of- way permit applications. Subd. 11. Delay Fee. The City may establish and impose a delay fee for unreasonable delays in right-of-way excavation, obstruction, patching, or restoration, or for work not completed prior to right-of-way permit expiration. The delay fee and associated fees shall be established from time to time by City Council resolution. No delay fee shall be imposed if the delay is due to circumstances beyond the control of the permit holder, including without limitation inclement weather, acts of God, or civil strife. Subd. 12. Inspection. A. Notice of Completion. When the work under any right-of-way permit is completed, the permit holder shall furnish a completion certificate and as-built drawings in accordance with Minnesota Rule 7819.1300 if requested by the Director. B. Site Inspection. The permit holder shall make the work site available for inspection by the Director or other City personnel and to all others authorized by law at all times during the execution of and upon completion of the work. C. Authority of Director. 1. The Director may order the immediate cessation of any work which the Director determines, in the Director's sole discretion, poses a serious threat to the life, health, safety, or well-being of the public. 2. The Director may issue an order to the permit holder requiring the correction of any work that does not conform to the terms of the right-of- way permit or other applicable laws, standards, conditions, or codes. The order shall inform the permit holder that failure to correct the violation may result in revocation of the right-of-way permit. If the permit holder does not correct the violation to the satisfaction of the Director within ten (10) days after issuance of the order, the Director may revoke the right-of- way permit. Subd. 13. Work Done Without a Permit. Except as provided in this subdivision 13, any person who obstructs or excavates the public right-of-way without a right-of-way permit issued by the City shall be guilty of a misdemeanor as provided in Chapter 1 and in Section 6.99 of this Chapter. A. Emergency Situations. A right-of-way user shall immediately notify the City of any event concerning its facilities that it considers to be an emergency and may take any actions reasonable and necessary to respond to the emergency. Within two (2)business days after the occurrence of the emergency, the right-of-way user shall apply to the City for the necessary right-of-way permit(s), pay the fees associated therewith, and fulfill the rest of the requirements necessary to bring itself into compliance with this Chapter for the actions it took in response to the emergency. If the City becomes aware of an emergency concerning facilities in the right-of- way, the City will make reasonable attempts to contact the owner of each facility affected, or potentially affected, by the emergency. In any event, the City may take whatever action it deems necessary to respond to the emergency. If the emergency was caused by a facility or facilities, the owner thereof shall reimburse the City for its costs in responding to the emergency. B. Non-Emergency Situations. Except in an emergency, any person who obstructs or excavates a public right-of-way without first having obtained a right-of-way permit must subsequently obtain a right-of-way permit. The fee for a subsequently issued right-of-way permit shall be established from time to time by City Council resolution. The permit holder shall also pay all the other fees required by the City Code, deposit with the City the fees necessary to correct any damage to the right-of-way, and comply with all other requirements of this Chapter. Subd. 14. Damage to Other Facilities. A. When the City performs work in the right-of-way that requires the alteration or relocation of an existing facility, the Director shall notify the facility owner as soon as is reasonably possible. The facility owner shall reimburse the City for its costs associated with such alteration or relocation within thirty(30) days from the date of billing. B. Each facility owner shall be responsible for the cost of repairing any facilities in the right-of-way which it or its facilities damage. Each facility owner shall be responsible for the cost of repairing any damage to the facilities of another caused during the City's response to an emergency caused by that owner's facilities. Subd. 15. Revocation of Permits. A. Substantial Breach. The City may revoke any right-of-way permit if the permit holder substantially breaches any of the terms and conditions of any applicable statute, ordinance, rule or regulation, or any condition of the right-of-way permit. A substantial breach includes, but is not limited to, the following: 1. The violation of any material provision of the right-of-way permit; 2. The attempt to evade any material provision of the right-of-way permit or the perpetration or attempt to perpetrate any fraud or deceit upon the City or its citizens; 3. Any material misrepresentation of fact in the permit application; 4. The failure to complete the work in a timely manner unless a permit extension has been obtained or unless the failure to complete work is due to reasons beyond the permit holder's control; or 5. The failure to timely correct work that is the subject of an order issued by the Director under subdivision 12.0 of this section. B. Written Notice of Breach. If the Director determines that the permit holder has committed a substantial breach of a term or condition of any statute, ordinance, rule, regulation, or any condition of the right-of-way permit, the Director may notify the permit holder of the breach in writing and demand that the permit holder remedy the violation. The notice and demand shall inform the permit holder that continued violations may result in revocation of the right-of-way permit. In the notice and demand, the Director may also impose additional or revised conditions on the right-of-way permit to mitigate and remedy the breach. C. Response to Notice of Breach. Within two (2) business days of receiving the written notice and demand, the permit holder shall provide the City with its plan to cure the breach. Any failure to respond to the notice, to submit an acceptable plan, or to implement the approved plan shall be grounds for immediate revocation of the right-of-way permit. D. Reimbursement of City Costs. Upon revocation of a right-of-way permit, the permit holder shall reimburse the City for its reasonable costs incurred because of the revocation, including but not limited to restoration costs, collection costs, and attorney fees. Subd. 16. Exemptions. The following persons are exempt from the requirements of this Section: A. City employees acting within the course and scope of their employment and contractors acting within the course and scope of a contract with the City; B. Persons who install mailboxes in the public right-of-way in accordance with requirements of the U.S. Postal Service; C. Persons who temporarily place residential household refuse containers in the public right-of-way for the collection of solid waste or recyclables in accordance with the provisions of Sections 5.36 and 9.01 of the City Code. Subd. 17. Right-of-Way Vacation. If the City vacates a public right-of-way that contains facilities, the facility owner's rights in the vacated right-of-way are governed by Minnesota Rule 7819.3200. Subd. 18. Abandoned Facilities. A right-of-way user shall notify the City when facilities are to be abandoned. A right-of-way user who has abandoned facilities in a public right-of-way shall remove them from the right-of-way if required in conjunction with other right-of-way repair, excavation, or construction, unless the Director waives this requirement. Subd. 19. Non-Completion or Abandonment of Work. Work shall progress expeditiously to completion in accordance with any time limitation specified in the right- of-way permit so as to avoid unnecessary inconvenience to the public. In the event that the permit holder fails to timely complete the work in accordance with the terms of the right-of-way permit or ceases or abandons the work without due cause, the City may, after six (6) hours' notice in writing to the permit holder of its intention to do so, correct the work, fill the excavation and repair the public right-of-way in a manner that it deems necessary to protect the safety and welfare of the public. The City shall make or contract for all temporary and permanent repairs, including but not limited to backfilling, compacting, and resurfacing, and the permit holder shall reimburse the City for all costs incurred for such work. If the permit holder fails to reimburse the City within thirty (30) days of billing, the City may do any or all of the following: (1) reimburse itself from the proceeds from any cash deposit, letter of credit, bond, or other security given by the permit holder; (2) deny the permit holder any future right-of-way permits; and(3) impose a delay penalty. Subd. 20. Right-of-Way Prohibitions. The following actions are prohibited in the public right-of-way: A. Dumping in Streets. It is a misdemeanor for any person to throw or deposit in any public right-of-way any solid, recyclable, or yard waste, including but not limited to nails, dirt, glass, cans, discarded cloth or clothing, construction debris, metal scraps, garbage, leaves, grass or tree limbs, paper or paper products, shreds or rubbish, oil, grease, petroleum products or other automotive fluids or to empty any water containing salt or other injurious chemical thereon. It is a violation of this Section to haul any such material inadequately enclosed or covered thereby permitting the same to fall upon the street. B. Fires. It is a misdemeanor for any person to build or maintain a fire upon a public right-of-way. C. Signs. It is a misdemeanor for any person to place or maintain a sign within any public right-of-way except as otherwise permitted by City Code Section 11.70, subdivision 3.D. D. Placing Snow or Ice in a Public Right-of-Way. It is a misdemeanor for any person not acting under a specific contract with the City or without written permission from the Director to remove snow or ice from private property or a private driveway and cause the same to obstruct, encroach upon, encumber, or interfere wholly or partially with any public right-of-way, including but not limited to a public roadway, street, sidewalk, walkway, bike or trail way, easement, park, or other public property. Where permission is not granted by the Director, the City may remove the snow or ice from the public right-of-way and the person shall be initially responsible for payment of all direct and indirect costs of removing the snow or ice from the street. If not paid within thirty (30) days of invoice, collection shall be by civil action or assessment against the property as any other special assessment. E. Each day that any person continues in violation of this subdivision 20 shall be a separate offense and punishable as such. Subd. 21. Indemnification and Liability. By applying for and accepting a right-of-way permit under this section, a permit holder agrees to defend and indemnify the City in accordance with the provisions of Minnesota Rule 7819.1250. Subd. 22. Appeal. A right-of-way user or potential right-of-way user that has been denied a right-of-way permit or has had a right-of-way permit revoked may appeal the denial or revocation to the City Manager. Such appeal shall be taken by filing with the City Clerk within ten (10) days after the denial or revocation, a written statement requesting a hearing before the City Manager and setting forth fully the grounds for the appeal. A hearing shall be held within fifteen (15) days of receipt of the request. Notice of the hearing shall be given by the City Clerk in writing, setting forth the time and place of hearing. Such notice shall be mailed, postage prepaid, to the applicant or permit holder at his/her/its last known address at least five (5) days prior to the date set for hearing. Subd. 24. Reservation of Regulatory and Police Powers. A permit holder's rights are subject to the regulatory and police powers of the City to adopt and enforce general ordinances necessary to protect the health, safety and welfare of the public. Section 2. City Code Chapter 6, Sections 6.05, 6.06, and 6.07 are hereby deleted in their entirety. Section 3. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 6.99 entitled "Violation a Misdemeanor or Petty Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 4. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council for the City of Eden Prairie on the 24th day of May, 2016, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of , 2016. Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on the day of , 2016. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2016- A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO. 12-2016 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 12-2016 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie held on the 24th day of May, 2016. NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,THAT THE CITY COUNCIL FINDS,DETERMINES,AND ORDERS AS FOLLOWS: A. Ordinance No. 12-2016 is lengthy. B. The text of summary of Ordinance 12-2016, attached hereto as Exhibit A, conforms to Minn. Stat. § 331A.01, Subd. 10,and is approved,and publication of the title and summary of the Ordinance will clearly inform the public of the intent and effect of the Ordinance. C. The title and summary shall be published once in the Eden Prairie News in a body type no smaller than brevier or eight-point type. D. A printed copy of the Ordinance shall be made available for inspection by any person, during regular office hours, at the office of the City Clerk, and a copy of the entire text of the Ordinance shall be posted in the City offices. E. Ordinance 12-2016 shall be recorded in the Ordinance Book, along with proof of publication, within twenty(20) days after said publication. ADOPTED by the City Council on , 2016. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk EXHIBIT A CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 12-2016 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,AMENDING CITY CODE CHAPTER 6 RELATING TO RIGHT-OF-WAY PERMITS; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 6.99 WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. The following is only a summary of Ordinance No. 12-2016. The full text is available for public inspection by any person during regular office hours at the Office of the City Clerk. SUMMARY: The Ordinance deletes and replaces City Code Sections 6.01,6.02,and 6.03 relating to definitions and permit requirements for obstruction or excavation of the public right-of-way;deletes City Code Sections 6.05, 6.06, and 6.07; and incorporates, by reference, City Code Chapter 1 and City Code Section 6.99, which contain provisions relating to penalties. The new Section 6.01 contains expanded definitions relating to obstruction or excavation of the public right-of-way. The new Section 6.03 contains detailed requirements relating to right-of-way permits, including provisions related to permit application, issuance, denial, revocation, and appeal; permit fees; standards for construction, excavation, and installation of underground and overhead facilities; location of facilities; standards for commercial wireless telecommunication facilities;restoration of the right-of-way;City inspection;exemptions;right-of-way vacation;abandonment of facilities;and prohibition of certain actions in public right-of-way. EFFECTIVE DATE. This Ordinance shall take effect upon publication. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on . CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar June 14, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Janet Jeremiah, Community Approve Amendment to Eden Gardens Development Director/Molly Development Agreement VIII.C. Koivumaki, Housing Manager Requested Action Move to: Approve Amendment to Development Agreement to add Amendmentl, Amendment 2 and Amendment 3 to Housing Project Agreement attached as Exhibit E to the Development Agreement. Synopsis The City and Eden Gardens, LLC entered into a Development Agreement dated August 19, 2014 for the Eden Gardens development. Exhibit E to the Development Agreement is the Housing Agreement between the HRA and Eden Gardens, LLC entered into on August 19, 2014. The Housing Project Agreement was amended by Amendment 1 to Housing Project Agreement, dated April 21, 2015 and Amendment 2 to Housing Project Agreement, dated January 5, 2016. The Amended Agreement provides for the sale of moderate income units with specific affordable housing prices. The Developer has sold seven (7) Moderate Income Units since the execution of the Housing Project Agreement. The Developer believes that it is reasonable to anticipate the sale of an additional three (3) Moderate Income Units prior to the expiration of the obligation as set forth in paragraph 12 of the Housing Project Agreement. Amendment 3 is before the HRA for approval before the City Council meeting. Amendment 3 reduces the number of Moderate Income Units required to ten (10), waives the repayment of profit requirements of paragraph 6 for all ten (10) Moderate Income Units, and requires the payment of park dedication fees for the ten (10) units removed from the category of Moderate Income Units. The City Attorney advises it is appropriate at this time to amend the Development Agreement so that Exhibit E is amended by the addition of Amendment 1, Amendment 2 and Amendment 3. Attachment Agreement FIRST AMENDMENT TO DEVELOPMENT AGREEMENT EDEN GARDENS THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT("Agreement")is entered into as of June 14, 2016, by Eden Gardens, 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 entered into that certain Development Agreement dated August 19, 2014 with respect to the property legally described on Exhibit A hereto Minnesota(the"Property"); WHEREAS,Exhibit E to the Development Agreement is a Housing Project Agreement to be entered into between the Developer and the Housing And Redevelopment Authority in and for the City of Eden Prairie. WHEREAS,the HRA and Developer entered into that certain document entitled"Housing Project Agreement" dated August 19, 2014, filed on October 2, 2014 as Document Number A10123210 with the Office of the County Recorder,Hennepin County,Minnesota("Agreement"). WHEREAS, the HRA and Developer entered into that certain document entitled "Amendment 1 to Housing Project Agreement, dated April 21, 2015, filed on January7, 2016 as 1 Document Number A10275521 with the Office of the County Recorder, Hennepin County, Minnesota. WHEREAS, the HRA and Developer entered into that certain document entitled "Amendment 2 to Housing Project Agreement, dated January 5, 2016, filed on January 8, 2016 as Document Number A140276218 with the Office of the County Recorder, Hennepin County, Minnesota. The Agreement,Amendment 1 and Amendment 2 are referred to collectively herein as the Amended Agreement. WHEREAS, the HRA and Developer entered into that certain document entitled "Amendment 3 to Housing Project Agreement,dated June 14,2016,filed on _,2016 as Document Number with the Office of the County Recorder,Hennepin County, Minnesota. WHEREAS,it is appropriate for the Development Agreement to be amended by amending Exhibit E thereto by the addition of Amendment 1,Amendment 2 and Amendment 3 to the Housing Project Agreement. WHEREAS,Amendment 1 to the Housing Project Agreement, Amendment 2 to the Housing Project Agreement and Amendment 3 to the Housing Project Agreement are attached hereto as Exhibits B, C and D respectively. NOW, THEREFORE, the parties agree that the Development Agreement is amended by amending Exhibit E thereto by the addition of: (i) Amendment 1 to Housing Project Agreement dated April 21, 2015, filed on January7,2016 as Document Number A10275521 with the Office of the County Recorder, Hennepin County, Minnesota; (ii) "Amendment 2 to Housing Project Agreement,dated January 5,2016,filed on January 8,2016 as Document Number A140276218 with the Office of the County Recorder, Hennepin County, Minnesota; and Amendment 3 to Housing Project Agreement dated June 14, 2016, filed on _, 2016 as Document Number with the Office of the County Recorder, Hennepin County, Minnesota IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. 2 CITY OF EDEN PRAIRIE By Nancy Tyra-Lukens Its Mayor By Rick Getschow Its City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this 14h day of June,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. Notary Public 3 EDEN GARDENS, LLC By Date: Its: STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of June, 2016, , the , of Eden Gardens, LLC, a Minnesota limited liability company, on behalf of the company. Notary Public THIS INSTRUMENT WAS DRAFTED BY: Richard Rosow Gregerson, Rosow,Johnson&Nilan 100 Washington Ave. South Suite 1550 Minneapolis, MN 55401 4 EXHIBIT A DEVELOPMENT AGREEMENT—EDEN GARDENS Lot 1, Block 1; Lots 1-5, Block 2; Lots 1-5, Block 3; Lots 1-5, Block 4; Lots 1-5, Block 5; Lots 1-6; Block 6; Lots 1-9, Block 7; and Outlots A, B, C, D, E, F, and G, Eden Gardens, Hennepin County. 5 EXHIBIT B [Insert Amendment 1 to Housing Project Agreement] 6 EXHIBIT C [Insert Amendment 2 to Housing Project Agreement] 7 EXHIBIT D [Insert Amendment 3 to Housing Project Agreement] 8 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar June 14, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Office of City Manager Resolution Approving Appointment of Election VIII.D. Kathleen Porta, City Clerk Judges for the 2016 Elections Requested Action Adopt the resolution approving the appointment of election judges for the primary election, August 9, 2016 and general election,November 8, 2016. Synopsis State Statute 204B.21, Subd.2 requires appointment of election judges by the City Council at least 25 days before the election. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2016- WHEREAS, Minnesota Election Law 204B.21 requires that persons serving as election judges be appointed by the Council at least 25 days before the election. BE IT RESOLVED by the City Council of the City of Eden Prairie that the following persons have agreed to serve as election or alternate judges and are appointed for the Primary Election to be held August 9, 2016, and/or the General Election to be held November 8, 2016. Daniel Abraira Pete Connors Jeanne Hauge Jodeen LaFrenz Scot Adams Ellen Crump Glenda Hawkins Cheryl Larson Londa Amundson Janice Curielli Linda Hayen Christine Lasley Janelle Anderson Allison Curtis Joanne Heck Robert Lattimore Leanne Ashley Gene Dahlke Susan Hedberg Kelly Laurie Linda Baillie Jayne Dakay Thomas Heller Ruth Lawless Manjit Bajwa Susan Dickman Laurie Hemstock Nancy C. Little Martha Balfanz Mike Diede Robert Hennessey Gail Lindblom Jessica Ballantine Lorraine Dilling Ann Higgins Marjorie Loomis Fred Baumer Sarah DuBord Rosemarie Hilk Elaine MacDonald Bernadine Beauvais Joseph Dupont Mary Hoch John Mallo Donna Bechthold Daniel Dylla Karen Hollingsworth Steve Marshall Lisa Bengston Gary Eckhardt Latha lyer Diane Martin Kenneth E. Berg Joyce Edwards Phyllis Jackson Mike McCann Jon Beusen Janet Eian Linda Jenkins Leslie McDonald Denise Beusen Christina Eide Kyle Johnson Philip McDonald Michael Biermaier Loretta M. Ellison Mark Johnson Phillip McGovern Judith Bissonett Patrice Erickson Joyce Johnson Mary McKelvey Nancy Bollweg Diane Falkum Tracy L. Johnson Gregory Mead Sharon Borine Margaret Francazio Jill Kamphoff Jean Myers Burt Boudreaux Monica Frischkorn Farida Kathawalla Joyce Myhre Stacy Bowen Donnamae Fritz Tracy Keibler Pamela Nesbitt Michael Boyd Ram Gada Colleen Kennealy Mary Ness Mary Boyd Yuanita Gamauf Robert Kennedy John Newton Shirley Boyington Raphaela Garton John Kingery Paul Nierman Stacey Bozanich Nancy Geiger Kathy Kinghorn Victoria Nipper Wilson Bryce Norbert Gernes Jeffrey Kirst Richard Nondorf Walter Brynteson Gordon . Gilbert Barbara Kistle Sue Oftelie Norma Buchanan June Gilbert Rebecca Klang Ronald Olney Barbara Buehl Jane Goke Kathleen Klevesahl James Olson Joyce C. Butler Kristine Goldman Doreen Kloth Alan K. Olson Joyce Byers Diane Gotham Kathy Knutson Kristen Olson Wendy Campbell Kent Granowski Gary Kodekuhr Margaret Olson-Thomsen Eileen Canakes Carol Gregoire Laurie Koering Jackie Ostenson Carol Cansdale Arlyn Grussing Molly Koivumaki Jeri Ostenson Karen Carl Bonnie Grussing Anne Kollmeyer Sara Parrington Fay E. Clark Diane Hamblin Alvin Krause William Patrek James G. Clark Matthew Hansen Mark Krueger Matthew Pellowski David Clausen Caryl Hansen Thomas Krueger John Peters Nancy Conboy Feiona Hansen Margaret Krueger Robert Peterson John Conley Katherine Hanson Joyce Kuyava Wendi Peterson Donna Piras Karen Schechter Gail Stroinski Benedict Webber Brooke Pischke Maggie Schultz Wesley Sund Robert Webster Donald Pitsch Kristianne Schultz Eleanor Taggatz Maurice Weiler Cheryl Poling Richard Schutrop Julie Toskey Michael Wencl Allan Radke Jackie Schwerm Kristin Traughber Mary Weston Lori Rau Katherine Seger Patricia Vagnoni June Weston Robyn Riley William Shogren Karen Vickman Margaret Williamson Dawn Rischmiller Patrick Slator Nancy Virnig JoAnne M. Wilson John Roschen Scott Smith Mary Vogel Jack Winslow Vickie Rudolph Lisa Smith Baker Mark Voorhees Jane Wittich Rod Rue Peter Smyth Carol Wach David Witzig Rosa Rummel Brad Starr Linda Wallace Christine Wolf Vikram Saini V. Bruce Stenswick Donnita Ward Cynthia Wolfe Sumita Saini Bret Stiles Richard Weaver Norman York James Sander Tong Stone Lauren Weaver Barbara Young Kay Schaffler Charles Stone Connie Lee Webber BE IT FURTHER RESOLVED that the City Clerk is with this, authorized to make any substitutions or additions as deemed necessary. ADOPTED by the Eden Prairie City Council on this 14th day of June, 2016. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk I CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar June 14, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development Adopt Resolution regarding the Southwest LRT VIII.E. Janet Jeremiah, Director Corridor-Wide Housing Strategy Molly Koivumaki, Housing and Human Services Manager Requested Action Motion: Adopt Resolution regarding the Southwest LRT Corridor-Wide Housing Strategy. Synopsis At the May 24, 2016 Council Workshop, Cathy Bennett of the Urban Land Institute-Minnesota and Kerri Pearce Ruch of Hennepin County presented a report from the Southwest LRT Community Works called the Corridor Housing Strategy; A plan to support and encourage a full range of housing choices in METRO Green Line Extension stations areas. The document can be found on the Southwest Transitway website at: http://www.swlrtcommunityworks.org/—/media/S W%20Corridor/Document%20Archive/housing /sw-corridor-housing-strategy-final-draft.pdf The six cities along the SWLRT Corridor have been asked to accept the Housing Strategy to inform future housing planning the stations areas. The City of Hopkins accepted the resolution in April, 2016, the City of St. Louis Park accepted the resolution in May, 2016. Other cities along the corridor are receiving presentations at workshops and council meetings in anticipation of taking action to accept the resolution. A Resolution to accept the Southwest Corridor-wide Housing Strategy in the station areas is attached. Background Information In May 2012, the Southwest LRT Community Works Steering Committee endorsed the creation of a housing strategy for the Southwest Corridor and directed the program's Housing Workgroup to carry out the development process. The purpose of this strategy is to help fulfill the Southwest Community Work's vision, goals and investment guiding principles to position corridor communities as places for all to live,providing a full range of housing choices, especially within a half-mile of the METRO Green Line Extension. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2016- A RESOLUTION TO ACCEPT THE SOUTHWEST CORRIDOR HOUSING STRATEGY AND INCORPORATE THE STRATEGY INTO HOUSING PLANNING FOR THE CITY OF EDEN PRAIRIE WHEREAS,the Hennepin County Board of Commissioners adopted resolution No. 09-0596 in 2009 to establish the Southwest LRT Community Works program in consultation with the cities of Eden Prairie, Edina, Minnetonka, Hopkins, St. Louis Park, and Minneapolis, and other Southwest LRT partners; and WHEREAS,the Southwest LRT Community Works Steering Committee, composed of Southwest LRT Community Works partners from cities and other agencies along the Southwest corridor, was formed in 2010 to provide overall guidance and direction for the Southwest LRT Community Works Project; and WHEREAS, Southwest LRT Community Works goals and guiding principles for investment call for positioning the Southwest communities as a place for all to live and providing a full range of housing choices; and WHEREAS,the Southwest LRT Community Works Steering Committee endorsed the creation of a corridor-wide housing strategy in May 2012, consisting of a housing inventory, gaps analysis and strategy document to support housing development along the Southwest LRT corridor; and WHEREAS,representatives from the City of Eden Prairie have been active participants in the Southwest Housing Workgroup, which provided oversight and guidance for the development of the Housing Strategy, the Technical Implementation Committee, which provided feedback on the Strategy and the Community Works Steering Committee, which provided overall policy direction and guidance; and WHEREAS,the Southwest Community Works Steering Committee accepted the Corridor Housing Strategy at its January 2016 meeting and referred the document to member cities and partner organizations for individual action as appropriate; and WHEREAS,there are numerous benefits that may come from working collaboratively, including increasing the corridor's ability to be competitive, adding leverage to secure public and philanthropic resources, sending a positive message to the development community about the desire for a mix of housing choices, and aligning to achieve regional goals; and WHEREAS,the Federal Transit Administration(FTA) in its most recent New Starts Guidance, now considers policies,planning and programs that support development and retention of affordable housing along transit corridors as part of its project evaluation criteria for funding; and WHEREAS,the Southwest Corridor Housing Strategy contains objectives that can inform housing planning, including comprehensive plan updates, in Southwest LRT Corridor communities as well as suggested implementation strategies that may assist in creation of a full range of housing choices around Southwest LRT stations, increasing LRT ridership and supporting economic development and healthy communities. NOW, THEREFORE BE IT RESOLVED that the City of Eden Prairie accepts the Southwest Corridor Housing Strategy as a document to provide input and options for ongoing collaborative housing work, and directs staff to incorporate the Southwest Corridor Housing Strategy into community planning efforts in the City of Eden Prairie as appropriate. ADOPTED by the City Council of the City of Eden Prairie on this 14th day of June, 2016. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk HENNEPIN COUNTY SOUTHWEST LRT COMMUNITY WORKS , ..... . _. . . .. . ..-4. inir 7141, rj.:-..:.-_-:.; ! ,.%:.17 ....e. . .. *1.7, ' 1411kArt ,,,. .,-:•,,,:4,....;24, ,„. • ," . - .... . ,,... -----, - -. - :...,,,. _,._, .. ,.-„i...-;7.-,:i..i ._•. .T. ,:.. . 1111 Ail 15 , i • iit VVI d I 1 -Ix EEE r `* ii • a El 7rre. . . - ii , .,- •.1,1.."4...jaeig-'• -r';-L k '::‘;l'„<.: . Corridor Housingtrategy A plan to support and encourage a full range of housing choices in METRO Green Line Extension station areas January 2016 www.hennepin.us/southwestlrt MP A Hennepin a �� . <.> EDEN %®0, Minneapolis minnetonka . PRAIRIE ``. . City of Hopkins City of Lakes h'St. Louis ParkLS .01,&R., ` ... (I) JiVrUrban land Minnesota N Institute METRO AN 164 VeV�� MINNEHAHACREEK 51151 f111Y 4.si IRai sr1 C O U N C L Q wgrExsn Eo o sii.ici O •Tif .>ri-c--- L__‘.' C1W,\I O O N'+ ry . Dm Dl O A rtrt O 2 0 C • r • m z rfz _ * D 0 0 N 7 •�, I 0 • n o , e - 4 ‘ .. Z 00 o f 4 ., N D Erz 00 D rF I e C � D e -- Io I .... ,.,, z AMP D oC o; 70 J" 4 Z T F5 _< 4 z 0 ��a z O -0 111 CO �`?' m 2 _• 7° 4.a Cy �.�.�I��� fii. - LL II — '411.41. 4o z �— 404, .t. b -I% e timis) Zi 41111:4041 4 --, Q Q� :r r , c , m a Qq c 11 z 0 cc. D O z g N �` z [_]' • ' R s ` ` t []� m v 3 1 t ti a E c C E. C C s .1.11/ '27 etf** ; i;, g D O RH • J.a o E t 0- Z ID-_ m a� e ®1 ms z roFst m , > > o oao, a s N‘l°114111 Hi EEC iii, Cli / 1 g:-' \ --11Pi . lit) -° 2 IIIW z ;_____/r..:_. ____._._._.../ 3 mior mr T ©� t m _ _ .. Idi TABLE OF CONTENTS Acknowledgments 4 About the strategy About the Housing Workgroup Housing Workgroup members Vision—goals—investment guiding principle Background 6 Why a coordinated housing strategy? Why work together? Successful collaboration and shared benefits How was the strategy created? Housing goal and affordability targets 10 Allocating housing along the Southwest Corridor How much do people pay for"affordable"housing? Why set corridor affordability targets? Achieving the goal 16 Corridor-wide objectives Implementation strategies Partners in implementation Next steps Southwest LRT Community Works Corridor Housing Strategy 1 3 ACKNOWLEDGEMENTS About the strategy In May 2012,the Southwest LRT Community Works Steering Committee endorsed the creation of a housing strategy for the Southwest Corridor and directed the program's Housing Workgroup to carry out the development process.The purpose of this strategy is to help fulfill the Southwest Community Work's vision,goals and investment guiding principles to position corridor communities as places for all to live, providing a full range of housing choices, especially within a half-mile of the METRO Green Line Extension. Southwest LRT Community Works Vision Collaborate and partner so that Southwest Corridor becomes a premier destination that is accessible,livable and vibrant. About the Housing Workgroup The Housing Workgroup for Southwest LRT Community Works comprises staff from all six corridor cities, Hennepin County, Family Housing Fund,Twin Cities LISC, Minnesota Housing,Metropolitan Council,the Southwest Corridor Project Office and ULI-Minnesota. Workgroup members have collaborated on background research and funding to support development of a corridor housing strategy for the Southwest Corridor(METRO Green Line Extension).It is acknowledged that there may be many ways for communities to meet local and regional housing goals and that each community,through its elected and appointed leaders,will have its own legitimate priorities,funding and policy choices and may seek different balances at different points in time. We present this document to identify options for strategies and goals and to provide considered staff input on a coordinated approach.There is no single or particular vision of urban development,and corridor communities have leeway to adopt various policies necessary to achieve their valid interests. It is also recognized that multiple factors go into investment decisions and locations for constructing or renovating housing units. 4 Southwest LRT Community Works Corridor Housing Strategy Southwest LRT Community Works Adopted Goals Economic competitiveness and job growth promote opportunities for business and employment growth Housing choices position the Southwest LRT communities as a place for all to live Quality neighborhoods create unique, vibrant,safe, beautiful, and walkable station areas Critical connections improve affordable regional mobility for all users Housing Workgroup members Tara Beard, Metropolitan Council Cathy Bennett, ULI-Minnesota Theresa Cunningham,City of Minneapolis Margo Geffen, Hennepin County Elise Durbin,City of Minnetonka Kathryn Hansen,Southwest Project Office Margaret Kaplan, Minnesota Housing Molly Koivumaki,City of Eden Prairie Tania Mahtani,City of Eden Prairie Alysen Nesse,City of Eden Prairie Gretchen Nicholls,Twin Cities LISC Kerri Pearce Ruch, Hennepin County Joyce Repya,City of Edina Elizabeth Ryan, Family Housing Fund Brian Schaffer,City of Minneapolis Michele Schnitker,City of St. Louis Park Libby Starling, Metropolitan Council Stacy Unowsky,City of Hopkins Katie Walker, Hennepin County For additional information on Southwest LRT Community Works, its members, partners and initiatives,as well as contact information, please visit www.swlrtcommunityworks.org. Southwest LRT Community Works Corridor Housing Strategy 5 BACKGROUND Southwest LRT Community Works and its funding partners have been working together since 2012 to inventory existing housing options in the corridor, understand what the future housing demand may be and the likely demographics of people interested in living along the corridor. Southwest LRT In addition,the work includes developing a deep understanding of the current and potential local,county,state and federal technical and Community Works financial resources to support a full range of housing choices. Informing Guiding Principle this work was a series of stakeholder engagement activities in 2015 to for investment gather feedback from groups including funders,developers,housing —Housing advocates,city councils and commissions,along with Southwest Corridor-specific studies listed in the box below. Additionally,individual cities have undertaken housing studies,outlined Providing a full range tools and strategies in their comprehensive plans and set individual of housing choices— housing goals.These efforts,along with other resources and technical positioning the assistance,have been compiled and taken into consideration to inform Southwest LRT a Southwest Corridor Housing Strategy along the Green Line Extension. communities Southwest LRT Community Works envisions this corridor strategy as as a place for all to live a complement to other housing planning and policy work. It provides objectives,suggested housing targets and potential implementation strategies that are options to help Corridor stakeholders work towards a full range of housing choices in LRT station areas. Recent Southwest Corridor housing studies Southwest Corridor-wide Housing Inventory(2013) a chronicle of existing housing and demographics along the corridor Southwest LRT New Starts Affordable Housing Rating Evaluation Summary,MZ Strategies(2013) an outline of existing SW Corridor Cities plans and programs that support affordable and workforce housing that can be applied to the LRT Corridor Southwest Corridor Investment Framework(2013) Transitional Station Area Action Plans for each of the 17 station areas, including recommendations on likely sites for housing development Southwest Corridor Housing Gaps Analysis(2014) projects future housing demand, provides market analysis and outlines recommendations and tools to achieve a full range of housing choices. Southwest LRT New Starts Submittal (2014) updated information on costs, ridership and land use/ economic development both current and future,as part of the federal LRT funding process 6 Southwest LRT Community Works Corridor Housing Strategy Why a coordinated housing strategy? The Southwest LRT Corridor is well known as job-rich,with over 270,000 jobs expected by 2030. Housing will play a key role in maximizing economic development and supporting job growth along the Southwest Corridor,as well as in helping the LRT line to be successful.Workers who can live close to their jobs save money in transportation costs;a full range of housing choices within station areas will help support a balanced employment base;and lifecycle housing in communities and increased housing density around transit stations will support the LRT line with consistent or increased ridership. However,studies along Southwest Corridor point to the majority of new "Ensuring that there is housing being high-end/luxury development.This leads to a concern a full range of housing that without a coordinated strategy,development in station areas may choices with access to not produce a full range of housing choices,either by cost or unit size transit in our cities builds and type. Recent studies by the Dukakis Center for Urban and Regional economic prosperity Policy of 42 neighborhoods and 12 metropolitan areas revealed that and competitiveness by when transit is added, housing stock becomes more expensive.These attracting and retaining and other studies indicate that existing and future housing located residents to support strategically near light rail transit experiences a rise in value and rents key employers. " at a more rapid pace than the general market.This increase helps to spur economic development and at the same time has a tendency to reduce the opportunities for lower-to-moderate income people and —Family Housing Fund, transit-dependent individuals who may desire and benefit most by "Working Doesn't Always Pay living in station areas. Rising housing costs generally hit low-income fora Home" working households the hardest,which elevates the risk of involuntary displacement for people already living in those areas,who may no longer be able to afford to own or rent due to the increase in values. Why work together? '... we must act now to ensure that the housing built in Creating a full range of housing choices is a difficult challenge,yet it these locations provides for will be one measure of the success of Southwest LRT(METRO Green a mix of incomes or a once- Line Extension)and the communities it serves.Collaboration is key to adequately addressing the challenges,particularly in developing in-a-lifetime opportunity affordable housing. will be lost." A collaborative approach increases the corridor's ability to be —Center for Transit competitive and adds leverage to secure public and philanthropic resources. It also sends a positive message to the development Oriented Development, community that the corridor cities are"all-together"in supporting a "TOD 201:Mixed Income mix of housing choices,and helps to create alignment to achieve Housing and Transit" regional housing goals. Southwest LRT Community Works Corridor Housing Strategy 1 7 Successful collaboration and shared benefits A Housing Strategy for the Southwest Corridor may enable corridor cities, Hennepin County and other public and private partners to do more—better—together than they can do alone. For instance, it may help them to: Create and sustain healthy communities By providing a full range of housing choices all along the Southwest corridor,cities will be better able to create and sustain the livable, vibrant neighborhoods that contribute to overall city well-being. Housing that is affordable to a mix of incomes around all station areas increases choices for residents looking to live near work,family or educational opportunities. It also reduces transportation costs and creates equity in communities. Provide lifecycle housing for existing residents Whether it's housing for young people just out of college, move-up housing for growing families or housing options for seniors looking to age in place,the right mix of housing can help cities retain residents and build strong,stable communities.A Corridor Housing Strategy will help cities respond to the needs of their existing residents and accommodate community needs. Achieve individual city goals: The Housing Strategy will assist cities in meeting their individually adopted housing goals and may allow them to increase their Housing Performance Score to qualify for resources from the Metropolitan Council including the Livable Communities Demonstration Account program (LCDA)and other sources. Leverage resources Southwest Corridor cities and Hennepin County can use the housing strategy to leverage additional public and private resources,compete better for limited grant funds and philanthropic dollars and attract greater private development than any entity may be able to do in acting alone. Increase economic competitiveness There is an economic case for providing the best opportunities for access to quality housing for those with modest incomes.If essential workers along the corridor cannot afford to live there anymore,it impacts not just individual cities but also the economic growth and competitiveness of the corridor and entire region. 8 Southwest LRT Community Works Corridor Housing Strategy Offer consistency of approach Quality developers have a limited capacity to pursue projects. Project costs increase when inconsistent visions,goals and processes result in developers spending substantial time pursuing needed capital and regulatory approvals. By contrast,developers may be drawn to a redevelopment-ready area that has a collaborative housing approach and consistency of vision.This reduces the complexities of development, helps to solve problems and manages development risks.A corridor Housing Strategy can provide clarity and consistency to the local and national development community,allowing cities and the County to take full advantage of unique transit-oriented development(TOD) opportunities and to be creative in development near transit that will grow the tax base now and into the future. Sustain and improve the Southwest LRT New Starts Score The Federal Transit Administration (FTA)considers policies, planning "The region appears to and programs that support development and retention of affordable have one of the most housing along transit corridors. In its most recent New Starts ranking, comprehensive sets the FTA spoke highly of the coordinated planning efforts and programs of affordable housing along Southwest Corridor, noting that"The region appears to have initiatives in the country." one of the most comprehensive sets of affordable housing initiatives in the country."FTA ranked Southwest LRT"high"based on coordination —Capital Investment and planning efforts around affordable housing,but ranked it only "medium-low"based on the formula for counting legally-binding Program Project affordable housing along the corridor. In order to make the LRT project Profiles,Federal Transit as competitive as possible for federal funding, FTA will be looking for Administration,2016 further action,such as adoption of a corridor housing strategy,when it reviews Southwest LRT for the Full Funding Grant Agreement. How was the strategy created? The Southwest LRT Community Works Steering Committee has adopted goals and guiding principles for investment that ground the work of this Housing Strategy.They provide the overarching strategy goal,as well as the basis for recommended targets for constructing and preserving housing and implementation strategies. This document aims to provide one measure of what a"full range of housing choices"means within a specific time period. It also lays out a menu of implementation strategies and action steps as well as identifies key partner roles.While no one entity is likely to take on all of the implementation strategies,cities along the corridor can work together to share resources and information and use the strategies that best meet their community's needs. Southwest LRT Community Works Corridor Housing Strategy 9 HOUSING GOAL AND AFFORDABILITY TARGETS The Housing Gaps Analysis examined each station area and suggested development scenarios.These included potential numbers for new construction and also identified existing rental units in need of preservation.These scenarios form the baseline for unit targets along Southwest corridor by 2030,ten years after METRO Green Line Extension LRT service begins operations. The Gaps Analysis suggests that if housing development is left solely to market forces, new development around station areas will be market- rate and luxury rental options—not the mix of housing types desired by corridor communities.Therefore,this housing strategy pays particular attention to tools and resources that support affordable housing development and preservation. The Gaps Analysis also took a fiscally constrained approach to affordable housing recommendations in the corridor,which means that affordability targets may be lower than measures of affordability need. However,the implementation strategies include options to bring new resources to affordable housing development and preservation.Success with these strategies could allow additional units above the baseline targets to be created. There is a need for a variety of options in terms of housing unit sizes, for-sale as well as rental opportunities and affordability levels.A key reason for this is the desire to retain community residents as their housing needs change and evolve over a lifetime. Larger housing sizes, especially three-and four-bedroom units, may be of particular need,as well as senior housing and entry-level home ownership opportunities. Additionally units for those earning 30%of area median income are particularly needed. These baseline targets may be modified over time to respond to market conditions and new housing policy direction,including 2018 comprehensive planning.While cities are not expected to plan for all of their affordable housing need to be located in areas within a half-mile METRO Green Line Extension stations,this LRT transit investment provides unique opportunities to increase the likelihood that all income levels have access to TOD housing. 10 Southwest LRT Community Works Corridor Housing Strategy Southwest LRT Community Works Housing Goal: Position the Southwest LRT communities as a place for all to live. Southwest LRT Community Works guiding principle for investment: Provide a full range of housing choices. New Construction:Add 11,200 new units within 1/2 mile of the Corridor, Corridor Preservation Target including 3,520 units affordable for low to moderate income households Unsubsidized affordable (up to 100%AMI),with 2,265 of those units affordable to those at rental=6700 units 80%AMI or below by 2030.This target also includes 1,314 new home ownership units,with 950 of those affordable to entry-level and mid- 43% market owners. Remaining Preservation: Preserve 3,800 unsubsidized affordable (<60%AMI) rental unsubsidized units by 2030,out of 6,700 unsubsidized affordable units within / mile of the Corridor. 57% • • target Affordability targets for new construction: 0-30% AMI Rental 6.4% r 31-60% AMI 6.4% 61-80% AMI Defining "affordable": Afiii 11; •Area Median Income(AMI) is a calculation that funders and policymakers use to 4111111111111 gauge affordability. >100% AMI 81-100% AMI •Affordable housing is 64.7% off 12.5% typically defined as housing that is affordable to low-or moderate-income families. Homeownership •Affordable housing costs should,in general,comprise 36% no more than 30%of 120% AMI household income. or less 64% 120% AMI+ Southwest LRT Community Works Corridor Housing Strategy 11 Allocating housing along the Southwest Corridor About allocation of need: The affordable housing strategy targets for Southwest LRT Corridor represent about about 35%of Metropolitan Council's Need Allocation The Metropolitan Council for the five Corridor cities. developed a process of forecasting the region's need Southwest Corridor Housing Strategy new development target rental for housing units affordable housing:2,265 units affordable at 80%AMI or below* to low-and moderate- 0-30%AMI:635 units 7,000- income households.Local 31 -60%AMI:635 units governments use these 6,000- "need"numbers to aid 61 -80%AMI:995 units 5,000- them in fulfilling their 81 -100%AMI: 1,255 units affordable housing planning >100%AMI:6,402 units 4,000- responsibilities. 6,402 Total units:9,922 3,000 units 1,255 2,000 995 units 635 635 units units units 1,000 0 0-30% 31-60% 61-80% 81-100% >100% of Area Median Income(AMI) Metropolitan Council allocation of need for affordable housing within five of six corridor cities 2021-2030:6,495* City-wide allocation of 7,000 need for affordable housing in five of six corridor cities, 6,000 per Metropolitan Council 5,000 0—30%AMI:3,124 units 4,000 3,125 1,443 1,928 6,495 31 -50%AMI: 1,443 units units units units units 3,000 51 -80%AMI: 1,928 units 2,000 1,000 0 0-30%AMI 31-50%AMI 51-80%AMI Total units *new development is allocated to the five corridor cities with METRO Green Line Extension LRT stations:Eden Prairie,Hopkins,Minneapolis,Minnetonka and St.Louis Park.Edina is a corridor city but does not have a LRT station within its boundaries. 12 Southwest LRT Community Works Corridor Housing Strategy Note on Edina: No Southwest LRT stations are located in the City of Edina citywide allocation of Edina.However,a small portion of Edina falls within 1/2 mile of the Blake need:878 units and Downtown Hopkins stations.Portions of Edina also fall within 1 mile 0-30%AMI:365 units of the Shady Oak,City West and Golden Triangle stations.Affordable housing development in Edina can contribute to affordable housing 31 -50%AMI:234 units availability in the larger Southwest LRT Corridor area. 51 -80%AMI:279 units How much do people pay for "affordable" housing? $82,833 Area median income(AMI)for a family of four in the Minneapolis/ St. Paul/Bloomington Metropolitan Statistical Area (MSA) Based on area median income(AMI)for a four-person household* Monthly rent AMI Annual income $0-$621 0-30% up to$24,850 $622-$1244 31%-60% $24,851 -$49,740 $1,245-$1,598 61%-80% $49,741 -$63,900 $1,599-$2,071 81%-100% $63,901 -$82,833 $50,580 Corridor household median income** $1,250 Southwest Corridor median income for workers monthly income Household Percent of Affordable 1,200 income corridor workers monthly rent $1,250 and less 21% $375 900 $875 $1251 -$3333 27% $376-$1,111 $3,334 and greater 52% > $1,112 600 *United States Department of Housing and Urban Development 2014 300 **Southwest Corridor-wide Housing Inventory,2013 $375 rent 0 Affordable rents, based on sample occupations and their average salaries $776 assembly worker $595 home health aide $772 nursing assistant $755 teacher assistant $844 school bus driver $571 restaurant cook $640 bank teller Source:Family Housing Fund,Southwest Housing Gaps Analysis,2014 Southwest LRT Community Works Corridor Housing Strategy 13 Why set corridor affordability targets? The diverse cities along the corridor are each taking steps to plan for land uses;they also have housing strategies and goals outlined in their comprehensive plans. In addition,all of the corridor cities work toward housing goals that were negotiated with the Metropolitan Council. So what are the benefits of setting affordability targets together? There are many,including the following: Respond to regional and federal funders • Federal Sustainable Communities Grant: In 2011,Hennepin County was a sub-recipient of a federal Sustainable Communities Grant.Combined with Living Cities resources through Corridors of Opportunity,the Southwest Corridor was tasked with developing a set of measurable unit goals for housing along the corridor. • Corridors of Opportunity Transit Recipients need to address Fair and Affordable Housing: In September 2011,the Corridors of Opportunity Policy Board adopted several recommendations for regional transit corridors to address Fair and Affordable Housing in their overall TOD strategies.The primary recommendation was for the adoption of measurable,corridor-wide goals and strategies to ensure sufficient housing, both new production and preservation, to serve a full range of incomes. The Sustainable Communities grant and Corridors of Opportunity program have both ended.However,their guidance and best practices are still applicable for work in the Southwest Corridor. There are also important funding opportunities in the future,both for the LRT project and for competitive development resources. Competitiveness for Federal Transit Administration (FTA)funding of infrastructure The FTA seeks to"ensure In 2013,the FTA released new guidance for scoring transit projects that as service is improved that includes existing and future plans for affordable housing.The FTA over time, there is a mix of seeks to"ensure that as service is improved over time,there is a mix of housing options for existing housing options for existing and future residents." In anticipation of and future residents." the METRO Green Line Extension's FTA application for the Full Funding Grant Agreement(FFGA),commitment and progress toward meeting —New and Small Starts affordable housing goals is essential,as this will be viewed competitively against other regions seeking the same limited funds. Evaluation and Rating Process Final Policy Alignment with Metropolitan Council Housing Policies Guidance,August2013 A coordinated strategy along the corridor that aligns with Metropolitan Council's housing policies, including the Housing Policy Plan (2014), will help cities in planning,tracking progress and addressing regional housing needs.Metropolitan Council has allocated new affordable housing need numbers,and will be negotiating affordable and life- cycle housing goals with participating cities in the future.A corridor- wide strategy that aligns with regional housing policies will help cities improve their competitiveness when seeking council resources. 14 Southwest LRT Community Works Corridor Housing Strategy Align development policies and resources throughout the corridor Corridor-wide affordable housing targets,developed in collaboration and tied to existing city plans and Metropolitan Council allocation of need,will allow partners to focus efforts and public resources to identified gaps.Collaboration between partners will allow sharing of tools and information,while preserving each entity's unique identity and role in housing creation. Track progress over time Similar to the work being done along the along the METRO Green Line's Central Corridor,an affordable housing target in the Southwest Corridor will allow cities, Hennepin County and funders to track progress over time to help determine whether the corridor is moving towards its policy goals.Having specific numeric targets allows measurement against a baseline and can also help identify where targets may need adjustment due to market trends or development activity. Promote fair housing The Fair Housing Act of 1968 prohibits discrimination in housing and also requires recipients of federal funding to affirmatively further fair housing.A housing strategy may assist all Southwest Corridor communities in reducing barriers to and promoting fair housing and equal opportunity,while recognizing that each community will be balancing many policy options and may have multiple ways to meet its fair housing requirements. Southwest LRT Community Works Corridor Housing Strategy 15 ACHIEVING THE GOAL Corridor-wide objectives To promote the corridor-wide goal and housing unit targets,Southwest LRT Community Works supports four objectives. Each objective has related implementation strategies,which are offered as options among a range of tools,in support of the corridor-wide objectives.Through public/private partnerships,the implementation strategies detailed below may help achieve the objectives. Objective 1 Develop new housing opportunities Create new housing that includes a mix of unit types with values and rents affordable to people with a full range of incomes. Focus on creating mixed income neighborhoods as well as opportunities for mixed income projects. Support opportunities in home ownership as well as rental units. Implementation strategies Develop coordinated mixed-income(inclusionary housing) policies. • These policies would apply to new housing development within corridor cities, particularly in areas targeted for new transit oriented development. • Seek support for policy adoption by corridor cities. Leverage private and philanthropic investments locally,regionally and nationally,along the corridor through a TOD Housing Fund. • Link development prospects to Regional Pre-development Funders Roundtable to assist developments in navigating complex financing challenges. • Participate in the development of private/public TOD Housing fund. • Work with private lenders to evaluate underwriting criteria for TOD projects. Engage large corridor employers to strategically invest in the preservation and production of housing opportunities for low-to- moderate income employees. • Engage employer groups in the corridor on workforce housing needs. • Encourage employers to participate in private/public TOD Housing fund or other strategies to increase mixed income housing. 16 Southwest LRT Community Works Corridor Housing Strategy Develop and adopt a clear and consistent vision,goals and affordability targets for housing development within a half-mile of LRT stations. • Increase developers'knowledge of city and county expectations in advance, rather than negotiating on every project. Maintain and enhance policies around station areas to promote increased density and include a mix of uses consistent with federal and regional transportation policies. • Provide flexibility to allow less parking around transit areas. Implement infrastructure recommendations from the Southwest Corridor Investment Framework to provide connectivity in and around station areas and maximize development potential at station sites. Utilize creative tools and resources to engage the public and policy leaders around key development opportunity sites. Objective 2 Preserve existing housing opportunities Preserve and enhance existing subsidized and unsubsidized housing stock to reduce the involuntary displacement of residents with low to moderate incomes. Develop preservation criteria for unsubsidized housing stock. Maintain opportunities to use Housing Choice vouchers in corridor units. Implementation strategies Review existing affordability agreements for subsidized properties. • Determine length of contracts and assess conversion risk. • Develop policies to preserve legally binding affordable housing units along the Corridor. • Engage owners early in maintaining affordability and extending agreements. • Pay particular attention to preserving units affordable to the lowest- income households:30%AMI and below, up to 60%AMI. Prioritize preservation at lowest income levels. • Track use of Housing Choice vouchers along the corridor and actively work to preserve units accepting vouchers. Southwest LRT Community Works Corridor Housing Strategy 1 17 Maintain and improve the quality of existing aging rental and ownership housing stock. • Focus primarily on properties that are at values and rents affordable for low to moderate income people. • Develop programs together with regional partners that provide for strategic acquisitions,low-interest loans and public-private partnerships. • Work with owners to match lower income residents with unsubsidized affordable housing units and create a structure to maintain that affordability. Objective 3 Expansion and Improvement of Technical, Financial and Regulatory tools Utilize existing resources and develop new resources to achieve corridor housing targets by seeking funding sources and technical expertise to support the development and preservation of a full range of housing choices. Modify regulatory tools to support housing development and preservation.Actively seek opportunities for land-banking, land trusts, and use of public land for affordable housing development. Examine legislative changes to language that inhibits higher-density home ownership opportunities. Implementation strategies Evaluate corridor cities'interest in exploring the costs/benefits, mechanics and legislative authority for joint-financing mechanisms such as corridor-wide tax increment financing (TIF),fiscal disparities sharing,and other forms of value capture. • Identify opportunity for large-scale TIF agreement rather than project-by-project TIF. • Expand housing tax increment with a particular focus on TOD locations. • Explore changes to fiscal disparities policy that would allow net payer cities to receive credit that could be used towards housing development. • Explore creative financing tools for mixed income projects (e.g.4%tax credits, mezzanine loans) in collaboration with Community Development Financial Institutions (CDFIs). 18 Southwest LRT Community Works Corridor Housing Strategy Objective 4 Market the corridor Create a marketing plan to attract developers and new residents and draw existing residents and employees to TOD neighborhoods and a TOD lifestyle. Implementation strategies Provide marketing resources and expertise to promote the corridor and its housing vision to developers,employers,schools and future residents. Develop metrics to track progress towards unit targets over time, using existing partners and resources. Seek non-and for-profit developers with proven expertise in providing quality long-term affordable housing to the lowest income households. Implementation strategies Implementation strategies are offered as options among a range of tools in support of the corridor-wide objectives.Through stakeholder feedback, implementation strategies have been grouped into primary and secondary categories.Primary strategies have seen strong interest or agreement in terms of their usefulness in achieving the corridor- wide goal. Additionally,strategies are identified as"corridor-wide"or"city/county- specific."Corridor-wide strategies can be pursued collaboratively, while city/county-specific ones pertain to authorities held by cities or Hennepin County. Primary Strategies • Evaluate corridor cities'interest in exploring the costs/benefits, mechanics and legislative authority for joint financing mechanisms such as corridor-wide tax increment financing (TIF),fiscal disparities sharing,and other forms of value capture. (corridor-wide) • Maintain and improve the quality of existing aging rental and ownership housing stock. (corridor-wide) • Leverage private and philanthropic investments locally, regionally and nationally,along the corridor through a TOD Housing Fund. (corridor-wide) • Provide marketing resources and expertise to promote the corridor and its housing vision to developers,employers,schools and future residents. (corridor-wide) Southwest LRT Community Works Corridor Housing Strategy 19 • Develop metrics to track progress towards unit targets over time, using existing partners and resources.(corridor-wide) • Develop and adopt a clear and consistent vision,goals and affordability targets for housing development within a half-mile of LRT stations. (city/county specific) • Implement infrastructure recommendations from the Southwest Corridor Investment Framework to provide connectivity in and around station areas and maximize development potential at station sites. (city/county specific) • Maintain and enhance policies around station areas to promote increased density and include a mix of uses consistent with federal and regional transportation policies.(city/county specific) Secondary Strategies • Develop coordinated mixed-income(inclusionary housing) policy language.(corridor-wide) • Review existing affordability agreements(subsidized properties). (corridor-wide) • Engage large corridor employers to strategically invest in the preservation and production of housing opportunities for employees with low to moderate incomes.(corridor-wide) • Utilize creative tools and resources to engage the public and policy leaders around key development opportunity sites. (city/county specific) • Seek non-and for-profit developers with proven expertise in providing quality long-term affordable housing to the lowest income households. (city/county specific) • Explore creative financing tools for mixed income projects(e.g. 4%tax credits, mezzanine loans) in collaboration with Community Development Financial Institutions (CDFIs). (city/county specific) Partners in implementation Creating a full range of housing choices in the Southwest Corridor can be enhanced through partnership and cooperation between the public sector and private partners,each with unique perspectives and implementation roles. Southwest LRT Community Works The primary role of this partnership is as a convener of policymakers and technical staff, including housing staff.Southwest LRT Community Works can offer guidance and technical assistance to partners as well as track progress on the Corridor-wide Housing Strategy. 20 Southwest LRT Community Works Corridor Housing Strategy Cities Cities are on the front line in housing development and preservation and are key players in land use and zoning control necessary to achieve individual and corridor housing goals. It will be important to align the corridor strategy with local housing planning and comprehensive plan efforts and to provide tools and resources to support a full range of housing options—all while recognizing different development markets and constraints on city resources to support housing,along with other TOD infrastructure needs. Hennepin County The county is a funder of affordable housing, primarily through AHIF and TOD grants. It also provides staff support to Southwest LRT Community Works.This strategy can be one of the factors considered in how the County allocates these funds. Metropolitan Council/Southwest Project Office The Metropolitan Council provides regional guidance on the Housing Policy Plan;works with cities on planning housing need through comprehensive plan implementation; negotiates housing goals; provides technical assistance on tools and policies;and provides funding to support affordable housing development through the Livable Communities program.The Southwest Project Office provides LRT project information to support developers/city infrastructure coordination requirements. Developers For-profit and non-profit developers have a crucial role in investing in the development and preservation of housing units in the Southwest Corridor. Developers can work with cities and other partners to meet affordability targets and create station-area developments consistent with the strategy.They also provide critical input regarding market conditions,challenges and opportunities as they relate to implementing strategies along the corridor. Employers Corridor employers have a strong interest in recruiting and retaining top talent.Housing can be a key component in developing a stable workforce.Identifying ways to have continued dialogue with employers will be important to identify workforce housing needs. Funders Private, public and philanthropic funders play a key role in providing critical resources to support investment in a mix of housing types along the corridor.It will be critical to continue dialogue on financing criteria that support a mix of housing types in station areas and ensure that resources are aligned for preservation and creation of affordable housing along the corridor.Examples include: private financial institutions, public financial institutions,foundations/intermediaries, syndicators,and entities involved in site acquisition. Southwest LRT Community Works Corridor Housing Strategy 21 Advocates Housing advocates have provided valuable feedback on the development of this Strategy and will continue to play an important role in identifying tools and resources for affordable housing development. The advocacy community can also help connect the Southwest Corridor Housing Strategy with larger housing policy agendas moving forward. Next steps Housing Workgroup • Develop a work plan to move implementation strategies forward. • Track progress on corridor-wide strategy implementation. • Engage regularly with policymakers and stakeholders to ensure the housing strategy reflects current goals and market conditions. Seek city/county support for the four key Corridor-wide Objectives • Encourage integration of strategy tools within zoning and development plan review. • Encourage use of strategy goals as a factor in in funding allocation decisions. • Incorporate and align the Corridor Housing Strategy in the development of or updates to individual housing policies and comprehensive plans. Determine mix of unit types and affordability for the corridor • Ask cities to identify station area mix of housing units,types and values. • Pay particular attention to targets for larger unit sizes,senior housing and housing affordable to 30%AMI and below. • Calculate amount of public/private subsidy necessary to fully achieve the housing targets. Seek city goals for preservation and new construction at various affordability levels for each station area,to apply to corridor targets • Adopt corridor targets that are consistent with city goals. • Align with comprehensive plans. • Embed station area targets in city housing plans,taking into account affordable housing targets as well as market-rate unit needs. 22 Southwest LRT Community Works Corridor Housing Strategy Southwest LRT Community Works Corridor Housing Strategy 1 23 Southwest Corridor Housing Strategy Compiled by Southwest LRT Community Works'housing workgroup Southwest LRT Community Works partners Hennepin County Hennepin County Regional Railroad Authority Eden Prairie Minnetonka Hopkins Edina St. Louis Park Minneapolis Metropolitan Council Urban Land Institute Minnesota Minneapolis Park and Recreation Board Minnehaha Creek Watershed District South West Transit Hennepin County Southwest LRT Community Works 701 Fourth Ave.S.,Suite 400 Minneapolis,MN 55415 swcorridor@hennepin.us Phone:612-348-9260 w w w.s o u th we s tl r tco m m u n i t y wo rks.o MOWN Hennepin 35-204-06-15 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar June 14, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Rob Reynolds, Police Chief Master Joint Powers Agreement with VIII.F. Police Minnesota Internet Crimes Against Children Task Force (MICAC) Requested Action Move to: Adopt the resolution approving the joint powers agreement which will establish a relationship between the City of Eden Prairie and the Minnesota Internet Crimes Against Children Task Force (MICAC). Synopsis The MICAC Task Force is funded though the Department of Justice and is one of the sixty task forces in the United States that work to provide timely and integrated responses to internet- related issues that might involve the exploitation of children. The program has six objectives: 1. Identify and rescue children being exploited by sexual predators. 2. Reactive investigations regarding technology-based exploitation of children 3. Proactive investigative efforts to identify child sexual predators 4. Public outreach and education regarding the safe use of technology by our children 5. The analysis of computer-related evidence 6. Building capacity through partnerships with other law enforcement agencies, prosecuting attorney, probations, educators, faith bases, etc. Once the enclosed resolution is signed by the Eden Prairie governing body, the document will allow Chief of Police to sign all future Joint Powers Agreements with the MICAC Task Force. Attachments Resolution Joint Powers Agreement CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2016- RESOLUTION APPROVING STATE OF MINNESOTA JOINT POWERS AGREEMENTS WITH THE CITY OF EDEN PRAIRIE ON BEHALF OF ITS CITY ATTORNEY AND POLICE DEPARTMENT WHEREAS,the City of Eden Prairie on behalf of its Prosecuting Attorney and Police Department desires to enter into Joint Powers Agreements with the State of Minnesota, Department of Public Safety, Bureau of Criminal Apprehension to use systems and tools available over the State's criminal justice data communications network for which the City is eligible. The Joint Powers Agreements further provide the City with the ability to add, modify and delete connectivity, systems and tools over the five year life of the agreement and obligates the City to pay the costs for the network connection. NOW, THEREFORE,BE IT RESOLVED by the City Council of Eden Prairie, Minnesota as follows: 1. That the State of Minnesota Joint Powers Agreements by and between the State of Minnesota acting through its Department of Public Safety, Bureau of Criminal Apprehension and the City of Eden Prairie on behalf of its Prosecuting Attorney and Police Department, are hereby approved. Copies of the Joint Powers Agreement are attached to this Resolution and made a part of it. 2. That the Chief or his or her successor, is designated the Authorized Representative for the Police Department. The Authorized Representative is also authorized to sign any subsequent amendment or agreement that may be required by the State of Minnesota to maintain the City's connection to the systems and tools offered by the State. To assist the Authorized Representative with the administration of the agreement,the Deputy Chief is appointed as the Authorized Representative's designee. 3. That the Attorney or his or her successor, is designated the Authorized Representative for the Prosecuting Attorney. The Authorized Representative is also authorized to sign any subsequent amendment or agreement that may be required by the State of Minnesota to maintain the City's connection to the MICAC Task Force. 4. That the Mayor for the City of Eden Prairie and the City Manager are authorized to sign the State of Minnesota Joint Powers Agreements. ADOPTED by the City Council of the City of Eden Prairie on June 14, 2016. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk SWIFT Contract Number: 109834 ORI # MN0272600 ,rt',. Minnesota Internet Crimes Against Children Task Force Multi-Agency Law Enforcement Joint Powers Agreement This Multi-Agency Law Enforcement Joint Powers Agreement, and amendments and supplements thereto, ("Agreement") is between the State of Minnesota, acting through its Commissioner of Public Safety on behalf of the Bureau of Criminal Apprehension ("Grantee"), empowered to enter into this Agreement pursuant to Minnesota Statutes § 471.59, subdivisions 10 and 12, and Eden Prairie PD 8080 Mitchell Road Eden Prairie, MN 55344 ("Undersigned Law Enforcement Agency"), empowered to enter into this Agreement pursuant to Minnesota Statutes § 471.59, subdivision 10. WHEREAS, the above subscribed parties have joined together in a multi-agency task force intended to investigate and prosecute crimes committed against children and the criminal exploitation of children that is committed and/or facilitated by or through the use of computers, and to disrupt and dismantle organizations engaging in such activity; and WHEREAS, the undersigned agencies agree to utilize applicable state and federal laws to prosecute criminal, civil, and forfeiture actions against identified violators, as appropriate; and P. WHEREAS, the Grantee is the recipient of a federal grant, attached and incorporated into this Agreement as Exhibit A, disbursed by the Office of Juvenile Justice and Delinquency Prevention ("OJJDP") in Washington, D.C. to assist law enforcement in investigating and combating the exploitation of children which occurs through the use of computers by providing funding for equipment, training, and expenses, including travel and overtime funding, which are incurred by law enforcement as a result of such investigations; and WHEREAS, the OJJDP Internet Crimes Against Children ("ICAC") has established a Working Group of Directors representing each of the existing ICAC Task Forces to oversee the operation of the grant and sub-grant recipients; and the State of Minnesota, acting through its Commissioner of Public Safety on behalf of the Bureau of Criminal Apprehension ("BCA") has li designated Donald Cheung as the Commander of the Minnesota ICAC Task Force; '':'::,'-l'' NOW THEREFORE, the parties agree as follows: 1. The Undersigned Law Enforcement Agency approves, authorizes, and enters into this Agreement with the purpose of implementing a three-pronged approach, prevention, education, and enforcement, to combat Internet Crimes Against Children; and 2. The Undersigned Law Enforcement Agency shall adhere to the Minnesota ICAC Task Force Program Standards identified in Exhibit B, attached and incorporated into this Agreement, in addition to complying with applicable Minnesota state and federal laws in the performance of this Agreement, including conducting undercover operations relative to ICAC (a list of Regional ICAC Task Force, Minnesota State Affiliate Agency and Training & Technical Assistance Program contact information is available at http://www.ojjdp.gov/programs/progsummary.asp?pi=3#Resources); and 3. Exhibits A and B are incorporated into this Agreement and made a part thereof. In the event of a conflict between this Agreement and the Exhibits, the terms of the Exhibits ICAC JPA_MN Political Subdivision Page 1 of 4 SWIFT Contract Number: 109834 ORI # MN0272600 prevail; and 4. The Undersigned Law Enforcement Agency and the Grantee agree that each party will be responsible for its own acts and the results thereof to the extent authorized by law and shall not be responsible for the acts of any others and the results thereof. The Grantee's liability shall be governed by provisions of the Minnesota Tort Claims Act, Minnesota Statutes § 3.736, and other applicable law. The Undersigned Law Enforcement Agency's liability shall be governed by provisions of the Municipal Tort Claims Act, Minnesota Statutes §§ 466.01-466.15, and other applicable law; and 5. All members and representatives of the Undersigned Law Enforcement Agency shall continue to be employed and directly supervised by the same law enforcement agency employer which currently employs the member performing Minnesota ICAC Task Force assignments; and all services, duties, acts or omissions performed by the member will be within the course and duty of that employment, and therefore, are covered by the Workers Compensation programs of that employer; will be paid by that employer and entitled to that employer's fringe benefits; and 6. The Undersigned Law Enforcement Agency must first submit a written request for funds and receive approval for the funds from the Grantee to receive any funds from the Grantee; and 7. The Undersigned Law Enforcement Agency must supply original receipts to be reimbursed on pre-approved requests. Approved reimbursement will be paid directly by the Grantee to the Undersigned Law Enforcement Agency within thirty (30) calendar days of the date of invoice, with payment made to Eden Prairie PD 8080 Mitchell Road Eden Prairie, MN 55344; and 8. The Undersigned Law Enforcement Agency shall maintain accurate records pertaining to prevention, education, and enforcement activities, to be collected and forwarded monthly to the Minnesota ICAC Task Force Commander, or his successor or designee, for statistical reporting purposes; and 9. The Undersigned Law Enforcement Agency shall participate fully in any audits required by the OJJDP. In addition, under Minnesota Statutes § 16C.05, subdivision 5, the Undersigned Law Enforcement Agency's books, records, documents, and accounting procedures and practices relevant to this Agreement are subject to examination by the Grantee and/or the Minnesota State Auditor and/or the Legislative Auditor, as appropriate, for a minimum of six (6) years from the end date of this Agreement; and 10. The Undersigned Law Enforcement Agency shall make a reasonable good faith attempt to be represented at any scheduled regional meetings in order to share information and resources amongst the multiple entities; and 11. The Undersigned Law Enforcement Agency shall be solely responsible for forwarding information relative to investigative targets to the Child Pornography Pointer System ("CPPS") pursuant to the OJJDP guidelines; and 12. In the event future federal funding is no longer available, or if this Agreement is terminated ( ICAC JPA_MN Political Subdivision Page 2 of 4 by either the State or the Undersigned Law Enforcement Agency, or if the Undersigned Law Enforcement Agency breaches this Agreement, then the Undersigned Law Enforcement Agency shall, at the request of the Minnesota (CAC Task Force Commander or his successor or designee, return all investigative equipment acquired through OJJDP funding within sixty (60) calendar days of such request. :- 13. That the Grantee may reimburse, the Undersigned Law Enforcement Agency for the following duties: A. Investigations by the Undersigned Law Enforcement Agency under this Agreement shall be conducted in accordance with the OJJDP ICAO Task Force Program Standards identified in Exhibit B, and concluded in a timely manner. The Undersigned Law Enforcement Agency will only be reimbursed by the Grantee for overtime hours inclusive of fringe benefits of actual hours and/or actual expenses incurred related to performing Minnesota ICAO Task Force assignments and/or training approved by the Minnesota ICAO Task Force Commander, or his successor or designee, through the term of this Agreement or until all federal funds under the OJJDP grant have been expended, whichever comes first. B. The Undersigned Law Enforcement Agency participating in.the Minnesota ICAC Task Force investigations will be reimbursed by the Grantee for actual costs as defined in Clause 13, Section A, to the extent such actual costs have been reviewed and approved by the Minnesota ICAO Task Force Commander, or his successor or designee. 14. Any amendment to this Agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original agreement, or their successors in office. 15, The Undersigned Law Enforcement Agency and the Grantee may terminate this Agreement at any time, with or without cause, upon 30 days written notice to the other party. 16. Term of this Agreement This Agreement shall be effective on the date the Grantee and the Undersigned Law Enforcement Agency obtain all required signatures under Minnesota Statutes § 16C.05, subdivision 2, and shall remain in effective through May 31, 2019 unless terminated or canceled. Upon the effective date of this Agreement, the Undersigned Law Enforcement Agency will be entitled to reimbursements approved by the Grantee dating back to June 1, 2016 for overtime salary including fringe benefits, equipment, training and expenses to the extent Grantee has available funds to pay such and they have been approved consistent with Clause 13, Sections A and B. Nothing inis this Agreement shall otherwise limit the jurisdiction, powers, and responsibilities normally possessed by an employee as a member of the Undersigned Law Enforcement Agency. 17. Venue Venue for all legal proceedings arising out of this Agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. ICAC JPA_MN Political Subdivision Page 3 of 4 1. Undersigned Law Enforcement Agency Undersigned Law Enforcement Agency certifies that the appropriate person(s) have executed the Agreement on behalf of the Undersigned Law Enforcement Agency and its jurisdictional government entity as required by applicable articles, laws, by-laws, reso tions, or ordin nces. By and Title Date Undersigned Law Enfor ement Agency {Name}, {Title} Date {Name}, {Title} Date {Mayor or Board Chair} Date 2. Department or Public Safety; Bureau of Criminal Apprehension Name: Signed: Title: (With delegated authority) Date 3. Commissioner of Administration As delegated to Materials Management Division By and Title Date ICAC JPA_MN Political Subdivision Page 4 of 4 EXHIBIT A a`.. , Department of Justice - Office of Justice Programs Office of the Assistant Attorney General rvasdrngron,D.C. 20531 September 16,2013 Mr.Wade Setter Minnesota Department of Public Safety 1430 Maryland Avenue E Saint Paul,MN 55106-2802 Dear Mr.Setter: On behalf of Attorney General Eric Holder,it is my pleasure to infomt you that the Office of Justice Programs has approved your application for funding under the FY 13 Internet Crimes Against Children Task Force Invited Awards in the amount of $347,101 for Minnesota Department of Public Safety. Enclosed you will find the Grant Award and Special Conditions documents. This award is subject to all administrative and financial requirements,including the timely submission of all financial and programmatic reports,resolution of all interim audit findings,and the maintenance of a minimum level of cash-on-hand. Should you not adhere to these requirements,you will be in violation of the terms of this agreement and the award will be subject to termination for cause or other administrative action as appropriate. If you have questions regarding this award,please contact: - Program Questions,Scott Pestridge,Program Manager at(202)514-5655;and - Financial Questions,the Office of the Chief Financial Officer,Customer Service Center(CSC)at (800)458-0786,or you may contact the CSC at ask.ocfo@usdoj.gov. Congratulations,and we look forward to working with you. Sincerely, . Karol Virginia Mason Assistant Attorney General Enclosures CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar June 14,2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 14-5879 ITEM NO.: Dave Modrow Approve Wetland Buffer Maintenance Agreement VIII.G. with the Riley-Purgatory-Bluff Creek Watershed Public Works/Engineering District for the Sunnybrook Road Basin Improvements Project. Motion Move to: Approve Wetland Buffer Maintenance Agreement with the Riley-Purgatory-Bluff Creek Watershed District for the for the Sunnybrook Road Basin Improvements Project. Synopsis Due to the proposed maintenance work within a jurisdictional wetland related to the Sunnybrook Road Basin Improvements Project, the Riley-Purgatory-Bluff Creek Watershed District is requiring an agreement outlining continued maintenance of the existing wetland buffer areas. This agreement must be executed as a condition of the Watershed District permit for the Sunnybrook Road Basin Improvement project. Background This project consists of the dredging, cleanout, and restabilization of four wetland and stormwater basins that are currently in series and subject to frequent flooding concerns. The work will be substantially completed by Spring of 2017 with the majority of the work taking place in Fall/Winter of 2016. The agreement is a requirement of the Watershed to obtain a permit for that work. Attachments 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 103B and 103D (RPBCWD), and the City of Eden Prairie, (City). Recitals and Statement of Purpose WHEREAS pursuant to Minnesota Statutes section 103D.345, the RPBCWD has adopted and implements the Wetland and Creek Buffers Rule, the Waterbody Crossings and Structure 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 the City, 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 the City is completing work on private property that is within an existing conservation easement granted to the City for which the RPBCWD has issued a permit; WHEREAS in accordance with the RPBCWD rules and as a condition of permit 201 5- 01 1 , the City's perpetual obligation to inspect and enforce the wetland and creek buffer that is within an existing conservation easement 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. 201 5-01 1 , and concur that it is binding and rests on mutual valuable consideration; THEREFORE City and RPBCWD agree that City, at its cost, will inspect and enforce the terms and conditions of the those wetland areas within the existing conservation 1 easements as shown in the Easements and Wetland Boundaries Diagram attached to and incorporated into this Agreement as Exhibit A in perpetuity as follows: 1 . CONSERVATION EASEMENT AREAS a. Vegetation within the Conservation Easement 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 vegetation within the conservation easement, 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 vegetation quality or performance within the conservation easement, each as approved by the City 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 the conservation easement 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 conservation easement beyond that shown in the scaled site plan attached to this declaration as Exhibit A. e. No structure or impervious cover (hard surface) may be created within a conservation easement area beyond that shown in the Easements and Wetland Boundaries diagram attached to this declaration as Exhibit A. f. Permanent conservation easement markers will be maintained in the locations shown on the Easements and Wetland Boundaries diagram attached as Exhibit A. The language on the markers shall indicate the purpose of the easement and the name of the City. 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 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 Company RPBCWD or the City in performing any of the functions of RPBCWD or the City during performance of this Agreement is subject to the requirements of the Data Practices Act and Company RPBCWD and the City shall comply with those requirements as if it were a government entity. All subcontracts entered into by Company RPBCWD or the City in relation to this Agreement shall contain similar Data Practices Act compliance language. 4. This Agreement may be amended only in a writing signed by the parties. 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 Eden Prairie By Date: Its Mayor By Date: Its City Manager 3 \ \ 1, C' / - - — Q _ / w _ - I� //// / / - -\ / a -- APPROXIMATE PROPERTY LINE (TYP) \v \ \ / 1 375 COLD STREAM LN \ �W� 12623 SUNNYBROOK RD \BASIN 23-33—C�3 / 10* �G \ 1/ PURGATORY CREEK Z \ \ I{ 1 CENTERLINE ?0 - \ — \ — - -r" \ t — — / \\ \\ 12641 S NYBROOK ;D 12640 SUNNYBROOK RD \ / / /i 938 COLD SIR LN I / i ----- . \11\11 \ \ '---..-'---- 0 // 1 \ / /i. \ >�I /c.,*, / -: ........ .R4'1: „ �\ 9398 COLD STREAM LN r, 7/%j �y`\ ^M\/* 9377 NEMEC KNOLLS RD ØRANIS \ 7 '/ / // `\\\ BASIN33-A �� W/mow /// 7 / 9399 COLD STREA N , \\\\\ \\\ 9298 \ ` w��.�M I \\ \ RANCIS LN\ \� �\``� * —� \\ \ \\ V \4,4k„ _ -- - — 9290 \ \ \ �s,A \FRANCIS N \\\ / \44 a � // I 1 r I -- - - J \\\\\\ \ \� / L r,� MJ/ I I I r / M' / // • � >,�..7 '-7 so M�M� / I I AP OXIMATE EAs Nr(iw) \ S./'M - �, / BASIN 23-33—B /A I I v — — , I 9353 NEMEC LLS RD / -)z/ \ \ 12699 SUN BROOK RD // 9$79 CREEK KNOLL RD / / / I Z ' // I9368 NEMEC KNOLLS RD BASIN 23-33-G ; :� / I / yi\\; ` - / 1I DELINEATED WETLAND BOUNDARY(NP) / / / \ —M�MJ \ 12 3 SUNNYBROOK R I / / �M / // -"' !—z—' II / / / 0 30 60 / / / GRAPHIC SCALE IN FEET LEGEND I / / / / i / - - - - - APPROXIMATE EASEMENT ❑ PROPOSED CONSERVATION EASENEIViMONUvENT — — APPROXIMATE PROPERTY LINE 111 DI STING CCNSERVAT1ONEASENFJVTMONUMENT SEAL PRIME CONSULTANT PROJECT TITLE SHEET TITLE r /� BASIN 23-33 A-G IMPROVEMENTS EXHIBIT A e —W—W— DELINEATED WETLAND BOUNDARY EJaSTINGCONISERVAT10NfASBVENT ■ w WEN`�r K EASEMENTS AND APPROXIMATE DRIVEWAY/BUILDING OUTLINE WETLAND BOUNDARIES — — — — TEMPORARY ACCESS EASEMENT A ASSOCIATES CITY OF EDEN PRAIRIE DWN BY CHK'D APP'D DWG DATE SEPT 2015 i PURGATORY CREEK CENTER LINE CITY IC NO. 14-5879 MJS TES TES SCALE AS SHOWN Responsive partner.Exceptional outcomes. PROJECT NO. SHEET NO. r� REV NO. REV REVISION DESCRIPTION DWN APP REV DATE 0094-97 C-102 A CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda June 16, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C.# 13-5843 ITEM NO.: Leslie Stowing Approve submittal of the Annual Report VIII.H. Engineering/Environmental to the MPCA for the Phase II NPDES Storm Water Permit Program Requested Action Move to: Approve submittal of the Annual Report to the Minnesota Pollution Control Agency for the Phase II NPDES Storm Water Permit Program Synopsis The City of Eden Prairie is required to submit an Annual Report to the Minnesota Pollution Control Agency(MPCA) documenting how the City progressed on the Best Management Practices (BMPs) outlined in our Storm Water Pollution Prevention Plan(SWPPP). Background Information The City's Phase II NPDES Permit was renewed in 2013. The City's application included a SWPPP Document with a set of Best Management Practices (BMPs) which the City must undertake to assist in improving water quality within the City. The Annual Report provides the MPCA with the actions that the City took during the previous year to meet the goals outlined in our BMPs. The MPCA has switched to an online reporting mechanism for the annual reports. There are a large variety of actions the city must take to meet their obligations under the stormwater permit program. Actions taken in 2014 to meet these objectives included items such as: • Annual Public Meeting — The meeting was held on March 19, 2016, during the Chamber of Commerce Home, Landscape & Garden Expo. It is estimated that approximately 1,500 visitors attended the event. • Chamber of Commerce Home, Landscape & Garden Expo — Worked with the Chamber to add environmental messages to the Expo. The City sponsored a children's activity area as a way to add these messages to the event. Over 250 kids stopped at the children's activity area. The City helped advertise the event by inserting a flyer in the January, February and March utility bills. • Citizen Assisted Monitoring Program — Volunteers monitored water quality in Duck, Mitchell, Red Rock and Riley Lakes. The program is provided by the Metropolitan Council. • City Clean Up Day—Approximately 1,400 residents attended and dropped off 138 tons of trash plus yard waste. • Compost Bin&Rain Barrel Sales Event—Worked with Hennepin County and the Recycling Association of Minnesota to promote distribution events held that were held during the spring. • Conservation Commission — The Commission held a number of discussions on topics such as the Local Water Management Plan Update; planning for the Annual Meeting, the Chamber Expo and the Green Fair; and regulatory updates for the stormwater permit program. • Environmental Learning Center— 30 classes or groups toured the Center, or approximately 750 students plus teachers and volunteers. • Living Green Newsletter— The Living Green newsletter was provided as an insert in the Life in the Prairie newsletter in June and December, which is mailed to city residents. Articles were provided in a range of topics, including the annual drinking water report, recycling, reducing food waste, watershed monitoring efforts, aquatic invasive species, planning for no-waste holidays, the use of flushable wipes, disposal of unwanted or unneeded medications, and actions to take to improve water quality. • Lake Projects —Worked continued with the Riley-Purgatory-Bluff Creek Watershed District to manage carp in Staring Lake. The District also provided a grants to implement a watercraft inspection program on city lakes with boat landings. • Metro Children's Water Festival — Participated in this annual educational festival which provides educational opportunities to approximately 1,500 fifth grade students on one day in September. The Festival is designed to provide students with hands-on opportunities to learn about water and its importance to people and the natural environment. • Municipal Cities Stormwater Coalition — Participated in a coalition that was formed by the League of Minnesota Cities that includes cities that are required to have a Stormwater Permit. This group provides information and assistance to cities on items such as annual report requirements, upcoming legislative changes and general information on the stormwater permit program and how it impacts city programs. • Report Requirements — Completed the Facilities Inventory, Illicit Discharge & Detection, and Stormwater Pollution Prevention Plans that were required in the stormwater permit. • Seminars — Worked with the University of Minnesota Extension, Riley-Purgatory-Bluff Creek Watershed District and the Nine Mile Creek Watershed District to provide seminars on shallow lakes, Project NEMO, protecting pollinators, how to incorporate sustainable lawns into the landscape, shoreland restoration and greening your congregation. City staff also co-presented at the 2015 StormCon conference about the Town Center Stormwater Study with Wenck Associates. • Stormwater Inspections — Inspected 304 water bodies (including ponds, wetlands, infiltration basins and creek segments); 507 water body inlets; and 698 stormwater sumps. • Stormwater U— Three city staff provided classroom instruction for a new certification program offered by the University of Minnesota Extension on stormwater maintenance practices. This program was jointly developed with city staff from Eden Prairie and others. • Street Sweeping—All City streets are swept at a minimum of once annually. • Water Quality Rebates — Provided ten rebates for infiltration projects (such as raingardens), pervious surfaces and shoreland restoration projects. • Wetland Health Evaluation Program—Fourteen volunteers monitored 4 wetlands. Attachment Annual Report Form 2015 MS4 Annual Report Tuesday,June 07,2016 9:23 AM MS4 Page 1 MS4 Anuunl Report for 2015 https:;lmw.snaps-irvevs.coin/whlsiani'surveylandine/printerviewer... Ilillr 011X).4 Minnesota Pollution Control Agency 9 Y You are currently logged in as: Eden Erairie City MS4 If this is correct, click the 'Next' button. If this information is incorrect, contact Cole Landgraf (651-757-2880, cole.landgraf©state.mn.us) or Rachel Stangl (651-757-2879, rachel.stangl@state.mn.us). Before you begin... A fillable Microsoft Word document with all of the questions is available at https://www.pca.state.mn.us/sitesidefault/files/wq-strm4-06a.doc (for personal use only, not for submittal). The MS4 Annual Report for 2015 will automatically save your answers when you hit the 'Next' button at the bottom of each page. If you wish to leave the MS4 Annual Report for 2015 and complete the document at another time, you may do so by hitting 'Next' at the bottom of your current page to save your progress before exiting the document. Return to the survey by following the previously used web link, and again login using your email and assigned password credentials. Once you successfully log in, your previous answers will appear. The MPCA will email a PDF of your MS4 Annual Report for 2015 information to you in a confirmation email within three business days after you submit this form You may print a copy of the MS4 Annual Report for 2015 for your records at any time by pressing the `Print' button at the bottom of the page. Additionally, it is possible to save a PDF copy of the MS4 Annual Report for 2015 if you are working on a computer with OneNote (a program often included in Microsoft Office packages). Detailed saving instructions are available at stormwater.pca.state.m n.usiin dex.ph p 1 of 17 6/7/2016 9:22 AM MS4 Page 2 MS4 Annual Report for 201.5 https:/iwww.snapsiuveys.cum/whisiam'surveylandinglprinterviewer... /Guidance for saving MS4 annual reports. MS4 Annual Report for 2015 Reporting period: January 1 , 2015 to December 31 , 2015 Due: June 30, 2016 Instructions: Complete this annual report to provide a summary of your activities under the 2013 MS4 Permit (Permit) between January 1, 2015 and December 31, 2015. MPCA staff may contact you for additional information. Fillable document available at https://www.pca.state.mn_us/sites/default/files /wq-strm4-06a.doc (for personal use only, not for submittal). Questions: Contact Cole Landgraf at 651-757-2880 or cole,landgraf@state,mn.us or Rachel Stangl at 651-757-2879 or rachei.stangl@state.mn.us. MS4 General Contact Information Full name ie=;ie A. stovring Title En _ronmental Coordinator Maiiing 8DED Mitchell P.oaa address City Eden Prairie State MN Zip code 55344 Phone 952-949-6327 Email isrovring@edenprair'_ .Ira Preparer Contact Information (if different from the MS4 General Contact) Full name Title Organization 1 Mailing address City State i 4, 6/7/2016 9:22 AM MS4 Page 3 MS4 Annual Repnri for 2015 hops:/www.snapsurvevs.cumlwlilsiam'sunieviantling piinreiviewc,,. Zip code Phone Email MCM 1: Public Education and Outreach The following questions refer to Part I11.D.1 . of the Permit. Q2 Did you select a stormwater-related issue of high priority to be emphasized during this Permit term? [Part 111.D.1.a.(1)] Yes No Q3 What is your stormwater-related issue(s)? Check all that apply. TMDL(s) Local businesses Residential BMPs Pet waste Yard waste Deicing materials Household chemicals Construction activities Post-construction activities • Other Describe: Illicit Discharge Reporting 04 Have you distributed educational materials or equivalent outreach to the public focused on illicit discharge recognition and reporting? [Part I11.D.1.a.(2)] • Yes Na Q6 Do you have an implementation plan as required by the Permit? [Part IIl.D.1.b.J - Yes No 06 How did you distribute educational materials or equivalent outreach? Check all that apply and provide circulation/audience associated with each item_ [Part III.D.1 .a.] • Brochure Newsletter Utility bill insert Newspaper ad Radio ad 972 AM MS4 Page 4 MS4 Anew!Report tiir 201.5 https:// ww.suapsurveys.coin/wh/siam'survevlamling/pruiterviewer,. Television ad Cable access channel • Stormwater-related event • School presentation or project Website Other(1) • Other(2) Other(3) Other(1) Facebook Fostin describe: Other(2), Targeted mailings (flyers) describe' 07 Intended audience? Check ail that apply. Local Residents Businesses Developers Students Employees Other Brochure Newsletter Utility bill insert Stormwater- related event School presentation or project Other(1) Other(2) 08 Enter the total circulationlaudience (if unknown, use best estimate). Brochure 5 • Newsletter ':e3 Utility bill lsuaa insert Stormwater- related event -.. School presentation 150 or project Other(!) I ;._:'' Other(2) Provide a brief description of each activity related to public education and outreach (e.g. rain garden workshop, school presentation, public works open house) held and the date each activity was held from January 1, 2015 to 4or17 r, 720169:22AM MS4 Page 5 MS4 Annual Report far 2015 https://www.snapstuveys.cumlwhlsiam'surveylsndine/pnaterviewer... December 31, 2015. [Part II1.D.1.c.(4)] Q9Date of activity Q1°Description of activity Date City Council Workshop on water resources program (mmldd 02/17/2415 updates. Also provided information at 11/17/2015 Council workshop on water resource planking and fYyyy) the local water plan update process. • Date Presentation at the Wild Ones meeting about (mm/dd 03/11/2015 stormwater impacts and landscaping for water /riyy) duality rebates_ Date Chamber of Commerce Home, Landscape & Garden (mmldd Expo City booths were for the annual meeting and a3/21/2015 water resources and also the Conservation lYyYy) Commission Date Planned and sponsored a Shallow Lakes Forum at (mmldd 412512015 the MN Landscape Arboretum that included Water quality protection topics and provided IYYYY) information on water quality issues - Date Green Fair / Arbor Day Walk - Water Resource (mmJdd 5/212015 and the Conservation Commission provided information on water quality and solid waste IYYYY) management issues Date Lake Riley Association Meeting - spoke on the (mm/dd 4/17/2015 atormwater rules and local water plan update. lyyyy) Also spoke at Mitchell Lake Assn on 9/17/2015. Date _ Conservation Commission Meeting - provided a (mm/dd 5/12/2015 stormwater program and local water plan update. lyyyy) - Follow up was on 11/10/2015. Date Greening Your Congregation Workshop - provided (mmldd 10I15/2015 stormwater and landscaping for water quality discussion. Also spoke at League of MN Women /Yyyy) Voters on 10/10/2015 on these topics. Q11 Between January 1, 2015 and December 31, 2015, did you modify your BMPs, measurable goals, or future plans for your public education and outreach program? [Part IV.B.] Yes No MCM 2: Public Participation/Involvement The following questions refer to Part III.D.2.a. of the Permit. 012 You must provide a minimum of one opportunity each year for the public to provide input on the adequacy of your Stormwater Pollution Prevention Program (SWPPP). Did you provide this opportunity between January 1, 2015 and December 31, 2015? [Part III.D.2.a.(1)] 5 4 17 6/7/2016 9:22 AM MS4 Page 6 MS4 AnutwI Repori 3ar2015 hops:/'www.snapszuveys.eomlwhlsiam'surveylandiagptuiterviewer;. 1 Yes • No 013 What was the opportunity that you provided? Check all that apply. I J Public meeting IV! Public event Other 015 Public event Chamber of Commerce home, L r.•::._.__ze & Garden Expo_ Water Resources had a booth at the event to provide information Describe: regarding the 2015 permit program and to provide general information on water resou=a issues and water quality rebate opportunities. Enter the date of the public 1 i_i1t event(mmldd /yYyy): Enter the number of citizens that attended and were informed about your swPPP: 017 Between January 1, 20-15 and December 31, 2015, did you receive any input regarding your SWPPP? Yes . 1 No 019 Between January 1, 2015 and December 31, 2015, did you modify your BMPs, measurable goals, or future plans for your public participation/involvement program? [Part IV.B.] Yes No MCM 3: Illicit Discharge Detection and Elimination The following questions refer to Part II1.D.3. of the Permit. Q20 As of December 31, 2015, have you enacted a regulatory mechanism which prohibits non-stormwater discharges to your MS4? Yes No I 712i.h I. 9:22 AM MS4 Page 7 MS4 Annual Report for 2015 littps:/'www.snapslzrveys.coca/wh/siam'surveylanding piinteiviewer,. 021 Provide either a website address to the above regulatory mechanism or upload a copy. How will you provide this regulatory mechanism? Website address Upload 022 Website address: J-- ,.://www.edenprairie.org/home/showdocument?ad=83 024 Did you identify any illicit discharges between January 1, 2015 and December 31, 2015? [Part II1.D.3.h.(4)} . Yes No 025 Enter the number of illicit discharges detected: 026 How did you discover these illicit discharges? Check all that apply and enter the number of illicit discharges discovered by each category. Public complaint Staff 027 Enter the number discovered by the public: Q29 Did any of the discovered illicit discharges result In an enforcement action (this includes verbal warnings)? Yes Na 033 Do you have written Enforcement Response Procedures (ERPs) to compel compliance with your illicit discharge regulatory mechanisms)? [Part III.B.] • Yes No 034 Provide either a website address to the above ERPs or upload a copy. How will you provide these ERPs? Website address Upload 035 Website address: !:•ttp: 1/www_ednprairie_orgi...ommuni_2/-- na-green/managing-our-water- _esaurces/st.ormwater 7.117 k,/7/211 I h'1'_2 AM MS4 Page 8 MS4 Aantlal Report for 2015 hgps:i www.suapsurveys.eomlwhlsiam'sunieyiandinelprimerviewer.: 037 Did you train all field staff in illicit discharge recognition (including conditions which could cause illicit discharges) and reporting illicit discharges for further investigations? [Part III.D.3,e.] • Yes No Q38 How did you train your field staff? Check all that apply. Email PowerPoint • Presentation Video Field Training Other The following questions refer to Part IUl.C.1. of the Permit. 039 Did you update your storm sewer system map between January 1, 2015 and December 31, 2015? [Part I ll.C.1.] Yes No 040 Does your storm sewer map include all pipes 12 inches or greater in diameter and the direction of stormwater flow in those pipes? [Part III.C.1.a.] Yes No Q41 Does your storm sewer map include outfalls, including a unique identification (ID) number and an associated geographic coordinate? [Part III.C.1.b.] Yes No 042 Does your storm sewer map include all structural stormwater BMPs that are part of your MS4? [Part IIl.C.1.c.] Yes No 043 Does your storm sewer map include all receiving waters? [Part 111.C.1.d.] Yes No Q44 In what format is your storm sewer map available? Hardcopy only . GIS CAD Other �,•I i' (,'7/20 I r,972 AM MS4 Page 9 MS4 Annual Report for 201~ llaps:i www.snapsurveys.comhrAt/Siam'sunTeylamlinelpriuterviewer.. 045 Between January 1, 2015 and December 31, 2015, did you modify your BMPs, measurable goals, or future plans for your illicit discharge detection and elimination (IDDE) program'? [Part IV.B.] Yes • No MCM 4: Construction Site Stormwater Runoff Control The following questions refer to Part IH.D.4. of the Permit. 046 As of December 31, 2015, have you enacted a regulatory mechanism that is at least as stringent as the Agency's general permit to Discharge Stormwater Associated with Construction Activity (CSW Permit) No. MN R100001 (http://www.pca.state.mn.us/index.php!view-document.html?gid=18984) for erosion and sediment controls and waste controls? [Part ll 1.D.4.a.] . Yes No 047 Have you developed written procedures for site plan reviews as required by the Permit? [Part III.D.4.b.] Yes No Q48 Have you documented each site plan review as required by the Permit? [Pal Ili.D.4.f,] Yes No 049 Enter the number of site plan reviews conducted for sites an acre or greater of soil disturbance between January 1, 2015 and December 31, 2015: 050 What types of enforcement actions do you have available to compel compliance with your regulatory mechanism? Check all that apply and enter the number of each used from January 1, 2015 to December 31, 2015. Verbal warnings Notice of violation Administrative orders Stop-work orders Fines Forfeit of security of bond money Withholding of certificate of occupancy Criminal actions Civil penalties i 4' r, ; 20 16'7 2.2 ANI MS4 Page 10 MS4 Annual Report tor 20t5 htlps:/iv ww.suapstuyeys.eoua/whlsiam'surveylandiag.pruiterviewer.. Other Enter the number of verbal warnings issued: Enter the number of notice of violations issued: Enter the number of administrative orders issued: Enter the number of _ stop-work orders o issued: Enter the number of L fines issued: Enter the number of forfeitures of security bond money issued: Enter the number of withholdings of certificate of occupancy issued: Enter the number criminal actions issued: Enter the number of civil penalties issued: _. Q51 Do you have written Enforcement Response Procedures (ERPs)to compel compliance with your construction site stormwater runoff control regulatory mechanism(s)? [Part III.B.] » Yes No 052 Enter the number of active construction sites an acre or greater that were in your jurisdiction between January 1, 2015 and December 31, 2015: Q53 Do you have written procedures for identifying priority sites? [Part III,D.4.d,(1)] - Yes No 054 How are sites prioritized? Check all that apply. Site topography Soil characteristics Types of receiving water(s) Stage of construction lip l? 6/7/201 9:22 AM MS4 Page 11 MS4 Annual Report for 20t5 Mips:/.'www.snapsTuveys.enrolwf>fsiam'survey1undine/priuter®iewer.. • Compliance history Weather conditions Other Q55 Do you have a checklist or other written means to document site inspections when determining compliance? [Part IIl.D.4.d.(4)1 - Yes Na Q56 Enter the number of site inspections conducted for sites an acre or greater between January 1, 2015 and December 31, 2015: 057 Enter the frequency at which site inspections are conducted (e.g. daily, weekly, monthly): [Part Ili.D.4.d.(2) Weekly and after 1/2 inch rainfall events. Additional inspections are rag-aired by the contractor using the on-line PermiTrack software. 058 Enter the number of trained inspectors that were available for construction site inspections between January 1, 2015 and December 31, 2015: Q59 Provide the contact information for the inspector(s) and/or organization that conducts construction stormwater inspections for your MS4. List your primary construction stormwater contact first if you have multiple inspectors. (1)Inspector name Randy slick Organization City of Eden Prairie Phone (Office) 952-945-e322 Phone (Work Cell) 612-2315-73O3 Email RSlick@edenprairle.org Preferred contact Phone method (2)Inspector name Fred tiebal Organization City of Eden Prairie Phone (Office) 952-949-8317 Phone (Work Cell) E.l2-875-1855 Email f.1-ilool@edennrairie.org Preferred contact method phone (3)Inspector name Isaac Racer Organization City of Eden Prairie 11of17 W712f169:22AM MS4 Page 12 MS4 Annual Report for 21)1.5 https:i'www.svapsizrvevs.cum'wb/Siam'survevlantliagiprinLerviewer.. Phone (Office) n =-goy-a3a.' Phone (Work Cell) 12-z::i-E.a67 Email irar@ednprairie.arg Preferred contact method Q60 What training did inspectors receive? Check all that apply. University of Minnesota Erosion and Stormwater Management Certification Program Qualified Compliance Inspector of Stormwater(QCIS) Minnesota Laborers Training Center Stormwater Pollution Prevention Plan Installer or Supervisor Minnesota Utility Contractors Association Erosion Control Training Certified Professional in Erosion and Sediment Control (CPESC) Certified Professional in Stormwater Quality (CPSWQ) Certified Erosion. Sediment and Storm Water Inspector (CESSWI) Other Other, describe: University of Minnesota )extension Stormwater Practices Inspection and Maintenance Certification (Isaac) 061 Between January 1, 2015 and December 31, 2015, did you modify your BMPs. measurable goals, or future plans for your construction site stormwater runoff control program? [Part IV.B.] Yes No MCM 5: Post-Construction Stormwater Management The following questions refer to Part Ill 0.5. of the Permit. 062 As of December 31, 2015, have you enacted a regulatory mechanism to incorporate all requirements as specified in Part 111.D.5.a. of the Permit? - Yes No Q63 What approach are you using to meet the performance standard for Volume, Total Suspended Solids (TSS), and Total Phosphorus (TP) as required by the Permit? [Part IIl.B.5.a.(2)] Check all that apply. Refer to the link http://www.pca.state.mn.us/index.phplview- document.html?raid=17615 for guidance on stormwater management approaches. Retain a runoff volume equal to one inch times the area of the proposed increase of impervious surfaces on-site 12.117 r, 7 2016 9:22 AM MS4 Page 13 MS4 Annual Repnri fin•21)1 5 rvevs.c1 i ! h/Siam'sure•evlanding•pimrervi ver.: Retain the post-construction runoff volume on site for the 95th percentile storm Match the pre-development runoff conditions Adopt the Minimal Impact Design Standards (MIDS) An approach has not been selected Other method (Must be technically defensible--e.g. based on modeling, research and acceptable engineering practices) Q64 Do you have written Enforcement Response Procedures (ERPs)to compel compliance with your post-construction stormwater management regulatory mechanisms)? [Part III.B-] Yes No Q65 Between January 1, 2015 and December 31, 2015, did you modify your BMPs, measurable goals, or future plans for your post-construction stormwater management program? [Part tV.B.] Yes No MCM 6: Pollution Prevention/Good Housekeeping for Municipal Operations The following questions refer to Part 111.0.6. of the Permit. Q66 Enter the total number of structural stormwater BMPs, outfalls (excluding underground outfalls), and ponds within your MS4 (exclude privately owned). Structural stormwater v BMPs Duffel's 14 . Ponds Eoe Q67 Enter the number of structural stormwater BMPs, outfalls (excluding underground outfalls), and ponds that were inspected from January 1, 2015 to December 31: 2015 within your MS4 (exclude privately owned). [Part 111-D.6.e.] Structural stormwater 69e• BMPs Outfalls Ponds Q68 Have you developed an alternative inspection frequency for any structural stormwater BMPs. as allowed in Part lll.D-6-e.(1) of the Permit? Yes ,,t•I% r, 7 2iilr,9.,2 :1\1 MS4 Page 14 MS4 AnmL1I Report for2015 Titlps:/.'www.suapsTuveys.com/wb/siam'sur cyI:indiag.prunterviewer,, No 469 Based on inspection findings, did you conduct any maintenance on any structural stormwater BMPs? [Part III.D.6.e.(1)] - Yes No 070 Briefly describe the maintenance that was conducted: 7S stormwater sumps (of the e98 inspected) were serviced and 15a yards of sediment and debris were removed. A number of minor stormwater repairs (including outfall clearing and sediment removal, out-fall repairs. etc.) Were also conducted in response to inspection results and citizen requests. 071 Do you own or operate any stockpiles. and/or storage and material handling areas? [Part Ill.D.6.e.(3)] . Yes No 072 Did you inspect all stockpiles and storage and material handling areas quarterly? [Part III•D.6.e.(3)) Yes No 073 Based on inspection findings, did you conduct maintenance at any of the stockpiles and/or storage and material handling areas? Yes No 475 Between January 1. 2015 and December 31, 2015, did you modify your BMPs. measurable goals, or future plans for your pollution prevention/good housekeeping for municipal operations program? [Part IV.B.] Yes Na Partnerships 084 Did you rely on any other regulated MS4s to satisfy one or more Permit requirements? Yes No Additional Information If you would like to provide any additional files to accompany your annual report, use the space below to upload those files. For each space, you may attach one t I% 7 Irl69:22AM MS4 Page 15 MS4 Animal Repoli 161.2015 litlps:i/www.snapsurvevs.eom wh/siam'survevlanding/priuterviewer.. file. You may provide additional explanation and/or information in an email with the subject YourMS4NameHere_2015AR to ms4perm itprogram.pca@state.m n.us_ 086 Click the "up arrow" icon below to upload a file. When it has uploaded successfully, a unique ID will appear in the box. Only files less than 10 MB in size will upload. Q87 Click the "up arrow" icon below to upload a file. When it has uploaded successfully, a unique ID will appear in the box. Only files less than 10 MB in size will upload. Q88 Click the "up arrow" icon below to upload a file. When it has uploaded successfully, a unique ID will appear in the box. Only files less than 1❑ MB in size will upload. u Q89 Optional, describe the file(s) uploaded: Owner or Operator Certification The person with overall administrative responsibility for SWPPP implementation and Permit compliance must certify this MS4 Annual Report. This person must be duly authorized and should be either a principal executive (i.e., Director of Public Works, City Administrator) or ranking elected official (i.e., Mayor, Township Supervisor). I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons who 15n'17 r, 21/169:22nM MS4 Page 16 MS4 Annual Report for 2015. littp ://Imwsnaps-urvevs.coin/whisiatir'surveylanding•pi interviewer.. manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete (Minn. R. 7001.0070). I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment (Minn. R. 7001.0540), Yes By typing my name in the following box, I certify the above statements to be true and correct, to the best of my knowledge, and that information can be used for the purpose of processing my MS4 Annual Report. Name. Title: Date: (mmldd IYYYY) When you are ready to submit, you must click the 'Submit' button at the bottom of this page. Provide the email(s) of the individual(s) you would Pike to receive the MS4 Annual Report for 2015 submittal confirmation email from the MPCA. After you click the Submit button below, please allow up to three business days to receive this email. Email (1) Email (2) Email (3) Print or save a copy of your completed MS4 Annual Report for 2015 for your records. The MPCA will email a PDF of your MS4 Annual Report for 2015 information in a confirmation email within three business days after you submit this form to the email(s) you provided above. You may print a copy of the MS4 Annual Report for 2015 for your records by pressing the 'Print' button at the bottom of the page. Additionally, it is possible to save a PDF copy of the MS4 Annual Report for 2015 if you are working on a computer with OneNote (a program often included in Microsoft Office packages). Detailed saving instructions are available at 16 of i? 6/7/2016 9:22 AM MS4 Page 17 MS4 Annual Report for 2015 https:lls►ww.snapsurvev.cum/whisiani'surveylandinelprinterviewer... stormwater.pca.state.mn.us/index.php /Guidance for saving MS4 annual reports. If you have any questions, contact MPCA staff Cole Landgraf (cole.landgraf©state.mn.us, 651-757-2880) or Rachel Stangl (rachel.stangl@state.mn_us, 651-757-2879). 17 }t i7 6i7/20169:22AM MS4 Page 18 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar June 14, 2016 DEPARTMENT: ITEM DESCRIPTION: ITEM NO.: City Entry Monument Signs Agreement with Community Development Visual Communications for Construction and VIII.I. Janet Jeremiah Engineering Plans Requested Action: Move to approve the Agreement with Visual Communications for the development of sign construction and engineering plans for five unique City Entry Monument Signs Synopsis: Visual Communications worked with Baker and Associates and the City to prepare a proposal for the development of sign construction and engineering plans for new City entry monument signs at the following locations: > Hwy. 5 Eastbound east of Dell Rd. > I-494 Southbound south of County Rd. 62 > Anderson Lakes Parkway west of the Hwy. 169 exit ramp > I-494 Westbound east of the Prairie Center Drive exit ramp > Hwy. 212 Eastbound west of Dell Rd. Background Information: The City of Eden Prairie previously contracted with Baker and Associates to develop concept plans for six City entry monument signs including the above locations and one along 212 Westbound south of Hwy. 62. The latter is on hold while a maintenance access route is determined, which will likely involve procuring easements. The City has obtained Limited Use Permits from MNDOT for three signs along Highways 5 and 212. Permits for the I-494 locations are awaiting federal approval of MNDOT's updated policies for such signs. The City's draft updated CIP anticipates construction of five sigs in 2016 and 2017 with flexibility regarding how many are done in each year. The sixth sign is proposed for a future year when access is determined. In addition to the contract with Visual Communications, the City will be contracting for certain engineering services in association with the project. These services are noted as exclusions in Visual Communications Scope of Work. Attachments: > Agreement with Visual Communications for City Entry Monument Sign Services > Exhibit A Scope of Work for City Entry Monument Sign Construction Plans Standard Agreement for Professional Services This Agreement ("Agreement") is made on the 14th day of June, 2016, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Visual Communications, a Minnesota corporation (type c), (hereinafter "Consultant") whose business address is 475 Cleveland Avenue North, Suite 223, St. Paul, MN 55343. 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 City Entry Monument Sign Construction and Engineering Plans 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 (Scope of Work Phase 1 and 2) 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 June 14, 2016 through September 14, 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 $38,135 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. Agreement for City Entry Monument Sign Services 2016-06-14 Page 2 of 8 D. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." 6. Project Manager and Staffing. The Consultant has designated Richard Lang to serve on the Project. He 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 Agreement for City Entry Monument Sign Services 2016-06-14 Page 3 of 8 performance of this Agreement within ten (10) days of the Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. If the Consultant fails within that time to pay the subcontractor any undisputed amount for which the Consultant has received payment by the City, the Consultant shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Consultant shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Consultant shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 11. Independent Consultant. Consultant is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Agreement, who shall be employees, and under the direction, of Consultant and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Consultant an employee of the City. 12. Insurance. a. General Liability. Prior to starting the Work, Consultant shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Consultant or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. b. Consultant shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker's Compensation Statutory Limits Employer's Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General Liability $1,500,000 property damage and bodily injury per occurrence $2,000,000 general aggregate $2,000,000 Products —Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 Agreement for City Entry Monument Sign Services 2016-06-14 Page 4 of 8 c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. d. Professional Liability Insurance. In addition to the coverages listed above, Consultant shall maintain a professional liability insurance policy in the amount of $2,000,000. Said policy need not name the City as an additional insured. It shall be Consultant's responsibility to pay any retention or deductible for the professional liability insurance. Consultant agrees to maintain the professional liability insurance for a minimum of two (2) years following termination of this Agreement. e. Consultant shall maintain "stop gap" coverage if Consultant obtains Workers' Compensation coverage from any state fund if Employer's liability coverage is not available. f. All policies, except the Worker's Compensation Policy, Automobile Policy, and Professional Liability Policy, shall name the "City of Eden Prairie" as an additional insured on ISO forms CG 20 10 07 04 or CG 20 10 04 13; and CG 20 37 07 04 or CG 20 37 04 13, or their equivalent. g. All policies, except the Professional Liability Policy, shall apply on a "per project" basis. h. All polices shall contain a waiver of subrogation in favor of the City. i. All policies, except for the Worker's Compensation Policy and the Professional Liability Policy, shall be primary and non-contributory. j. All polices, except the Worker's Compensation Policy, shall insure the defense and indemnity obligations assumed by Consultant under this Agreement. k. Consultant agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City's written acceptance of the Work. I. It shall be Consultant's responsibility to pay any retention or deductible for the coverages required herein. m. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days' prior notice to the City, except that if the cancellation or non- renewal is due to non-payment, the coverages may not be terminated or non- renewed without ten (10) days' prior notice to the City. Agreement for City Entry Monument Sign Services 2016-06-14 Page 5 of 8 n. Consultant shall maintain in effect all insurance coverages required under this Paragraph at Consultant's sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. o. A copy of the Consultant's Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Consultant's Work. Upon request a copy of the Consultant's insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Consultant has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Consultant of any deficiencies in such documents and receipt thereof shall not relieve Consultant from, nor be deemed a waiver of, City's right to enforce the terms of Consultant's obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. p. Effect of Consultant's Failure to Provide Insurance. If Consultant fails to provide the specified insurance, then Consultant will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that this indemnity shall be construed and applied in favor of indemnification. Consultant also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Consultant to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Consultant's insurance company. Consultant will take the action required by the City within fifteen (15) days of receiving notice from the City. 13. Indemnification. Consultant will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney's fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Consultant, its agents, contractors and employees, or any negligent or intentional act or Agreement for City Entry Monument Sign Services 2016-06-14 Page 6 of 8 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. Agreement for City Entry Monument Sign Services 2016-06-14 Page 7 of 8 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 VISUAL COMMUNICATIONS By: Its: Agreement for City Entry Monument Sign Services 2016-06-14 Page 8 of 8 Exhibit A Scope of Work Professional Services Agreement for City Entry Monument Signs Construction and Engineering Plans by Visual Communications for City of Eden Prairie June 14, 2016 SCOPE OF SERVICES visual Communications anticipates services and fees as follows: Phase 1: Design Development Sign Placement.Size,and Content,Landscape Analysis Principal Sr.Des_ Graphic Des. - Provide artwork far site demonstration,full size 6 8 2 patterns for five (5) unique sizes and locations. - Provide fabrication of all patterns and actual banners 2 4 including all vendor coordination. • Site Analysis: 6 6 6 Includes site surveys of each location with EP,Baker and SRF team members to determine final location and angle of each sign per EP/MNDOT location guidance On site study of letter size,style,spacing, and contrast of lull size patterns with copy "Eden Prairie Live-Work-Dream"digitally printed on heavy duty material In color. • Provide revisions and final prospective sign drawings for 2 24 0 each location depicting front,back,end,and top views and all pertinent sign views thereof. - Provide final placement on MnDOT/City of 2 4 8 Eden Prairie documents. (Baker/EP City to supply drawings From MnDOT for VCI use) • Provide final visual placement and sign configuration 2 4 8 documents to the EP City.and MNDOT for approval. • Provide up to two meeting with the city in this phase 6 6 26 56 24 $3.900 $7,000 $2,400 Phase 1 Services 13,300.00 Expenses 5,000.00 Total $18,300.00 Assumptions 1. City has prepared and received a permit from MNDOT to design and install gateway monuments in MNDO1 right of way at the locations provided to Baker. 2. City will be primary liaison with 1v1NDOT representatives during the design process.City will review monument locations to ensure they are in compliance with MNDOT sight line requirements. 3. City and Visual Communications wit perform a Gopher State Ono Call Locate and will share information received. 4. Cily will provide base files in AutoCAD,.ai,and .pelf format,including existing and proposed topography, parcel boundaries,existing vegetation, utilities,planimetrics,and aerial photography. 5. City will prepare site grading concepts for each site and share with the consultant team. 6. VCI or its consultants will not be performing soil borings or geotechnical analysis.City will provide. 7. Soils information for each location will be needed for footings,plantings,and needed for the selection of plants_ 8. City will provide feedback on preferred alternative that will be translated to other monument sites and construction plans. Exhibit A: Scope of Work Professional Services Agreement for City Entry Monument Signs Construction and Engineering Plans by Visual Communications for City of Eden Prairie June 14, 2016 Page 2 Phase 2:Construction Documentation Principal Sr. Des. Graphic Des. Specifications for Signage and Landscaping for live (5) unique monument signs. Signage Construction Drawings: Includes complete construction documentation including sign placement, materials,colors,lighting,electrical requirements,footings, landscape design &specifications,general fabrication and installation standards. • Includes design and material research 8 16 8 • Includes implementation of Civil Drawings 2 8 (provided by City of Eden Proirie/MnDOT) • Includes Engineering/Structural Documents 8 60 8 for five (5) unique signs and locations • Includes assembly of all documents(MNDOT, 4 2 8 Landscape, Engineering) documents. and electronic transmittal--one hard copy • Provide bid documents to EP for public bid 2 • Provide base bid form for EP use in creating public 2 2 bid advertisement. • Provide bid review and complete bid spread sheet 2 I 2 and vendor recommendation, • Provide up to two (2) Presentation Meetings. 6 6 $4,800 $10,875 $3,960.00 Phase 1 Services 19,635.00 Expenses 200.00 Total $19,835.00 Documents not included Civil Engineering-The City of Eden Prairie to provide per Tanya Mahtani, Eden Prairie City Planner 3/21/2016. Assumptions ]. VC!will assomble planting plans,details,special provisions, and estimated construction costs into 30 percent, 90 percent and final construction bid packages. 2. City will prepare erosion control plans for inclusion into the construction documents. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar June 14, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Matt Bourne, Parks and Professional Services Agreement with WSB VIII.J. Natural Resources Manager, for Construction Administration of the Parks and Recreation Staring Lake Play Area Renovation Project Motion Move to: Authorize entering into a Standard Agreement for Professional Services with WSB &Associates, Inc. for construction administration for Staring Lake Play Area Renovation at a cost not to exceed $43,852.00. Synopsis Staff recommends entering into a professional services agreement with WSB &Associates for construction administration of the Staring Lake Play Area Renovation project. The proposed project is scheduled in the Capital Improvement Program for 2016. Background City staff entered into an agreement with WSB for the design phase services for this project late last year. Bids were received and the construction contract was awarded to Odesa II at the May 24th Council Meeting. WSB has performed similar work for the Round Lake Phase I project and staff feels very comfortable recommending them for this project. Recommendation The proposal from WSB &Associates is in line with our estimate and staff recommends approval of this contract. Attachment Standard Agreement for Professional Services WSB &Associates Scope of Service Proposal Standard Agreement for Professional Services This Agreement ("Agreement") is made on the 14th day of June, 2016, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and WSB & Associates, Inc., a Minnesota Corporation (hereinafter "Contractor") whose business address is 701 Xenia Avenue South, Suite 300 Minneapolis, MN 55416. 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 Improvements to Staring Lake Play Area 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 (Construction Administration) 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 June 14, 2016 through the completion of the Staring Lake Play Area Renovation Project the date of signature by the parties notwithstanding. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated. 3. Compensation for Services. City agrees to pay the Consultant on an hourly basis plus expenses in a total amount not to exceed $43,852.00 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 8 D. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." 6. Project Manager and Staffing. The Consultant has designated Jason Amberg to serve on the Project. They shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Consultant may not remove or replace the designated staff from the Project without the approval of the City. 7. Standard of Care. Consultant shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Consultant shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Consultant's breach of this standard of care. Consultant shall put forth reasonable efforts to complete its duties in a timely manner. Consultant shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Consultant shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 8. Audit Disclosure and Data Practices. Any reports, information, data, etc. given to, or prepared or assembled by the Consultant under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. The books, records, documents and accounting procedures and practices of the Consultant or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement. This Agreement is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Consultant in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the Data Practice Act and Consultant shall comply with those requirements as if it were a government entity. All subcontracts entered into by Consultant in relation to this Agreement shall contain similar Data Practices Act compliance language. 9. Termination. This Agreement may be terminated by either party by seven (7) days written notice delivered to the other party at the address written above. Upon termination under this provision, if there is no fault of the Consultant, the Consultant shall be paid for services rendered and reimbursable expenses until the effective date of termination. If however, the City terminates the Agreement because the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant, and the City may retain another consultant to undertake or complete the Work identified herein. 10. Subcontractor. The Consultant shall not enter into subcontracts for services provided under this Agreement except as noted in the Scope of Work, without the express written consent of the City. The Consultant shall pay any subcontractor involved in the Standard Agreement for Professional Services 2014.04 Page 3 of 8 performance of this Agreement within ten (10) days of the Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. If the Consultant fails within that time to pay the subcontractor any undisputed amount for which the Consultant has received payment by the City, the Consultant shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Consultant shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Consultant shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 11. Independent Consultant. Consultant is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Agreement, who shall be employees, and under the direction, of Consultant and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Consultant an employee of the City. 12. Insurance. a. General Liability. Prior to starting the Work, Consultant shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Consultant or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. b. Consultant shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker's Compensation Statutory Limits Employer's Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General Liability $1,500,000 property damage and bodily injury per occurrence $2,000,000 general aggregate $2,000,000 Products — Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 Standard Agreement for Professional Services 2014.04 Page 4 of 8 c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. d. Professional Liability Insurance. In addition to the coverages listed above, Consultant shall maintain a professional liability insurance policy in the amount of $2,000,000. Said policy need not name the City as an additional insured. It shall be Consultant's responsibility to pay any retention or deductible for the professional liability insurance. Consultant agrees to maintain the professional liability insurance for a minimum of two (2) years following termination of this Agreement. e. Consultant shall maintain "stop gap" coverage if Consultant obtains Workers' Compensation coverage from any state fund if Employer's liability coverage is not available. f. All policies, except the 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 8 n. Consultant shall maintain in effect all insurance coverages required under this Paragraph at Consultant's sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. o. A copy of the Consultant's Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Consultant's Work. Upon request a copy of the Consultant's insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Consultant has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Consultant of any deficiencies in such documents and receipt thereof shall not relieve Consultant from, nor be deemed a waiver of, City's right to enforce the terms of Consultant's obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. p. Effect of Consultant's Failure to Provide Insurance. If Consultant fails to provide the specified insurance, then Consultant will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that this indemnity shall be construed and applied in favor of indemnification. Consultant also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Consultant to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Consultant's insurance company. Consultant will take the action required by the City within fifteen (15) days of receiving notice from the City. 13. Indemnification. Consultant will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney's fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Consultant, its agents, contractors and employees, or any negligent or intentional act or Standard Agreement for Professional Services 2014.04 Page 6 of 8 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 8 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 WSB & Associates, Inc. By: Its: Standard Agreement for Professional Services 2014.04 Page 8 of 8 ■ WSB Building a legacy—your legacy. 701 Xenia Avenue South Suite 300 Minneapolis,MN 55416 Tel: 763-541-4800 Fax: 763-541-1700 May 31, 2016 Mr. Matt Bourne Park and Natural Resource Manager City of Eden Prairie 15150 Technology Drive Eden Prairie, MN 55344 Re: Professional Services Proposal: Staring Lake Play Area—Construction Administration Services City of Eden Prairie, MN Mr. Bourne: WSB &Associates, Inc. (WSB) is pleased to present this proposal for Construction Administration services related to the Staring Lake Play Area Project. The scope of services presented in this proposal is based our phone discussions in conjunction with the recent planning and design services associated with this site.WSB will coordinate with all of their subconsultants.The following subconsultant fees are included in this fee proposal: ■ Main Line Consulting's proposal for irrigation items ■ EDI's proposal for electrical items PROJECT UNDERSTANDING: Construction of the improvements defined in the bid documents will be performed between June 2016 and October 2016. SCOPE OF SERVICES A. SCOPE OF SERVICES 'A' 1. Contract Administration and Site Progress Meetings: a. Conduct Pre-construction Conference: Facilitate the pre-construction conference. Meeting minutes will be prepared and distributed to all the attendees. b. Weekly Site Progress Meetings: Attend up to 18 weekly site progress meetings during periods of active construction to allow for proactive communication with the Contractor and Owner, which will maximize efficiency during the construction. Meeting minutes will be prepared and distributed to all the attendees. These meetings will allow WSB to: Become generally familiar with and to keep the Owner informed about the progress and the quality of the portion of the work completed. Note—this does not include exhaustive or continuous on-site inspections to check the quality or quantity of the work. Equal Opportunity Employer wsbeng.com K IPersonallBob SlipkalProposalslEden PrairielStaring Lake CA Proposal Mr. Matt Bourne May 31, 2016 Page 2 ii. Generally determine if the work is being performed in a manner indicating that when fully completed the work will be in accordance with the Contract Documents. iii. Report to the Owner known deviations from the Contract Documents. c. Review submittals and shop drawings. d. Answer Contractor questions and provide design intent and clarification for any issues that may arise during the project. e. Review pay applications prepared by Contractor and make recommendations regarding payment. f. In the event of changed conditions during the project, WSB will prepare and distribute any necessary change orders to expedite the work in the field. g. Substantial completion meeting and punch list. h. Final Project Completion review meeting. Attend up to 7 site meetings above and beyond weekly progress meetings for review of immediate construction needs including but not limited to staking and/or layout of formwork. 2. Irrigation Related Services: a. See attached scope of services from Main Line Consulting for detailed description of services. 3. Electrical Related Services: a. See attached scope of services from EDI for detailed description of services. B. SCOPE OF SERVICES 'B' 1. Additional Services a. Any additional work or change in project scope will be completed on an hourly basis to be billed in accordance with WSB's hourly rates at the time work is completed. C. PROJECT MANAGEMENT: 1. Robert Slipka, Sr. Landscape Architect,will act as the main project manager for this project.The Owner reserves the right to review/reject alternate project manager if workload requires an alternate staff member to take over project management duties. D. PROPOSED FEE: All proposed fees are based on the scope of services defined in this proposal. 1. SCOPE OF SERVICES'A':WSB and their identified team of subconsultants will provide the services as outlined in Scope of Services A above for an estimated hourly not to exceed fee of$43,852.00. See fee breakdown on the table below. 2. SCOPE OF SERVICES'B' (Additional Services):WSB and will provide the services as outlined in Scope of Services B above and as requested by the City on an hourly basis. K IPersonallBob SlipkalProposalslEden PrairielStaring Lake CA Proposal Mr. Matt Bourne May 31, 2016 Page 3 A WSBPersonnel Proj. Mgr. Land. Engineerin Associate / I Arch/ g/ /Sr. Land. Sr. Land. Technical Environme Specialty Arch Arch Support ntal Clerical Service Avg.Hourly Rate: $137 $109 $89 $109 $75 Fee Scope of Services'A' Item Construction Administration Budgeted Hours Est. Fee Services 1 Project Management 4 10 5 $ 2,013.00 2 Pre-Construction Meeting 6 4 I $ 1,010.00 3 Submittals and shop drawing 2 20 30 6 $ 5,778.00 review Formal weekly progress 4 meetings 108 108 $21,384.00 (up to 18 meetings) Additional Site Visits to 5 Review Work 28 28 $ 5,544.00 (up to 7 visits) 6 Process pay apps,change 1 6 6 $ 1,325.00 orders,etc. 7 Substantial Completion 2 4 6 $ 1,244.00 meeting and punch list 8 Final project completion 1 4 4 5 $ 1,304.00 review meeting 9 Irrigation related $2,500.00 $ 2,500.00 10 Electrical related $ 750.00 $ 750.00 11 Reimbursables $ 500.00 $ 500.00 Total Estimated Hours 10 186 186 6 10 Scope of Services'A'-Est.Fee $1,370.00 $20,2074.0 $16,5054.0 $654.00 $750.00 $3,750.00 $43,352.00 Scope of Services'A'Fee Total $43,352.00 K:IPersonallBob SlipkalProposalslEden PrairielStaring Lake CA Proposal Mr. Matt Bourne May 31, 2016 Page 4 The proposed scope and fee presented herein represents our complete understanding of the project based on available information. If you have any questions or need additional information, please feel free to contact me at(763) 231-4844. Once again, we appreciate the opportunity to submit this proposal and look forward to working with you and your staff. Sincerely, WSB&Associates, Inc. e .,11 ,,e4r;10&:— Robert Slipka, RLA, ASLA Sr. Landscape Architect Attachments: ■ Main Line Consulting's proposal for irrigation design ■ EDI's proposal for electrical design ACCEPTED BY: City of Eden Prairie, MN By Date K IPersonallBob SlipkalProposalslEden PrairielStaring Lake CA Proposal NILO IRRIGATION CONSULTANTS Water,solved. Friday, May 27, 2016 To: WSB Robert Slipka 701 Xenia Avenue South Suite 300 Minneapolis, MN 55416 Re: Staring Lake Eden Prairie, MN After our review of the pdf preliminary Master Plan of this project please find below the estimate of our fees for the project listed above. These numbers are estimates only and actual costs, depending on individual job requirements, changes to scope,site,etc.could vary. Revisions to plan,after submittal as complete,will be billed on an hourly basis. Site Visits—Pre-Construction,Staking, Mid-Construction &Final Walk-thru with Punch List: $2,500.00 • Plans and details will be submitted in an AutoCAD 2016 format. • Specifications will be in a Microsoft Word format or required format if different. • Main Line Consulting, Inc.will maintain liability insurance through the life of the project. • Project Management,additional Site visits and other services requested will be billed at$125.00/hr.,plus expenses. • Project will be billed monthly based on percentage complete. Terms are net due 30 days from invoice date—no further work/revisions will be done on projects that are not current. Sincerely, SZ-E22_. Jim Ruzicka President 7620 JENNIFER LANE PRIOR LAKE, MN 55372 (952) 447-2053 WWW.M AI N LINE CONSULTING.NET ech engineering design initiative 27 May 2016 WSB &Associates, Inc. Mr. Robert Slipka, 701 Xenia Ave. South, Suite#300 Minneapolis, MN 55416 Re: Proposal for Electrical Engineering Construction Administration Starring Lake— Eden Prairie, Minnesota Dear Mr. Slipka: On behalf of Engineering Design Initiative(EDI)I thank you for the opportunity to submit this proposal for electrical engineering Construction Administration services. It is our understanding that this includes: Construction Administration Services: • Site Inspections • Shop Drawing Review • Preparation of field directives and change orders as required • Project completion(final site visit and punch list) • Electronic As-built Record Drawings with installed equipment locations identified as well as routing paths based upon contractor mark-ups. We propose to accomplish the above scope of services at a lump sum fee of$750 which includes reimbursable expenses. We again thank you for this opportunity. If you have any questions please do not hesitate to contact me. Sincerely, Engineering Design Initiative,Ltd. Jay Hruby, PE President 1112 north 5tr,street • minneapolis, mn 55411 • phone 612.343.5965 • fax 612.343.5982 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar June 14, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Dzevad Mahmutovic, Floor Restoration for Fire Stations VIII.K. Administration, Facilities Requested Action Move to: Award the contract for floor restoration at Fire Stations 2 and 4 to Duluth Coating Solutions. Synopsis Floor restoration at Fire Stations is part of the City's ongoing maintenance program. Base Bid Wall Trends $53,590 Duluth Coating $43,870 Attachment Contract Standard Construction Contract This Contract ("Contract") is made on the 14th day of June, 2016, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Duluth Coating Solutions Inc. a pRAIRIE Minnesota Corporation (hereinafter "Contractor") whose business address is 4785 South Shore Drive, Duluth, Minnesota 55811. LIVE•WE1RK-DREAM Preliminary Statement The City has adopted a policy regarding the selection and hiring of contractors to provide a variety of services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Contract is to set forth the terms and conditions for the provision of services by Contractor for sealing floors in Fire Stations, hereinafter referred to as the "Work". The City and Contractor agree as follows: 1. Scope of Work/Proposal. The Contractor agrees to provide, perform and complete all the provisions of the Work in accordance with attached Exhibit A. The terms of this Contract shall take precedence over any provisions of the Contractor's proposal and/or general conditions. 2. Time of Commencement and Completion. The Work to be performed under this Contract shall be commenced immediately after execution of this Contract. The Work shall be completed by August 21, 2016. 3. Compensation for Services. City agrees to pay the Contractor a fixed sum of $43.870.00 as full and complete payment for the labor, materials and services rendered pursuant to this Contract 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. 4. Method of Payment. The Contractor shall submit to the City, on a monthly basis, an itemized invoice for services performed under this Contract. Invoices submitted shall be paid in the same manner as other claims made to the City. a. Invoices. Contractor shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Contractor shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City's project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract. Each invoice shall be accompanied by general lien waiver and further lien waivers from all subcontractors on the project waiving liens for work for which payment was requested by Contractor and paid for by City on the preceding invoice. b. Claims. To receive any payment on this Contract, pursuant to Minn. Stat. 471.38, the invoice or bill must include the following signed and dated statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." c. Final Payment. Contractor's request for final payment shall be accompanied by Contractor's affidavit that all payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the City or its property might in any way be responsible, have been paid or otherwise satisfied. Final payment, constituting the entire unpaid balance of the Contract Sum, shall be paid by the City to the Contractor when the Work has been completed, the Contract fully performed, and the City accepts the Work in writing. The acceptance of final payment shall constitute a waiver of all claims by the Contractor except those previously made in writing and identified by the Contractor as unsettled at the time of Application for Final Payment. d. Income Tax Withholding. No final payment shall be made to the Contractor until the Contractor has provided satisfactory evidence to the City that the Contractor and each of its subcontracts has complied with the provisions of Minn. Stat. Section 290.92 relating to withholding of income taxes upon wages. A certificate by the Commissioner of Revenue shall satisfy this requirement. 5. Standard of Care. Contractor shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Contractor shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Contractor's breach of this standard of care. Contractor shall put forth reasonable efforts to complete its duties in a timely manner. Contractor shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Contract. Contractor shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 6. Project Manager. The Contractor has designated Aaron Strom to Manage the Work. He shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Contractor may not remove or replace the designated manager without the approval of the City. 7. Condition and Inspection. All goods and other materials furnished under this Contract shall be new and in current manufacture, unless otherwise specified, and all goods and work shall be of good quality, free from faults and defects and in conformance with this Contract. All goods and work not conforming to these requirements shall be considered defective. Standard Construction Contract 2015.07 Page 2 of 10 Goods shall be subject to inspection and testing by the City. Defective goods or goods not in current manufacture may be returned to the Contractor at the Contractor's expense. 8. Correction of Work. The Contractor shall promptly correct all Work rejected by the City as defective or as failing to conform under this Contract whether observed before or after completion of the Work and whether or not fabricated, installed or completed. The Contractor shall bear all costs of correcting such rejected Work. 9. Warranty. The Contractor expressly warrants and guarantees to the City that all Work performed and all materials furnished shall be in accord with the Contract and shall be free from defects in materials, workmanship, and operation which appear within a period of one year, or within such longer period as may be prescribed by law or in the terms of the Contract, from the date of City's written acceptance of the Work. The City's rights under the Contractor's warranty are not the City's exclusive remedy. The City shall have all other remedies available under this Contract, at law or in equity. Should any defects develop in the materials, workmanship or operation of the system within the specified period, upon notice from the City, the Contractor agrees, within ten (10) calendar days after receiving written notice and without expense to the City, to repair, replace and in general to perform all necessary corrective Work with regard to the defective or nonconforming Work or materials to the satisfaction of the City. THE FOREGOING SHALL NOT IN ANY MANNER LIMIT THE CITY'S REMEDY OR THE CONTRACTOR'S LIABILITY TO THOSE DEFECTS APPEARING WITHIN THE WARRANTY PERIOD. The Contractor agrees to perform the Work in a manner and at a time so as to minimize any damages sustained by the City and so as to not interfere with or in any way disrupt the operation of the City or the public. The corrective Work referred to above shall include without limitation, (a) the cost of removing the defective or nonconforming Work and materials from the site, (b) the cost of correcting all Work of other Contractors destroyed or damaged by defective or nonconforming Work and materials including the cost of removal of such damaged Work and materials form the site, and (c) the cost of correcting all damages to Work of other Contractors caused by the removal of the defective or nonconforming Work or materials. The Contractor shall post bonds to secure the warranties. 10. Private Property. The Contractor shall not enter upon private property for any purpose without having previously obtained permission from the City. The Contractor shall be responsible for the preservation of, and shall use every precaution to prevent damage to all trees, shrubbery, plants, lawns, fences, culverts, bridges, pavements, driveways, sidewalks, etc.; all water, sewer and gas lines; all conduits; all overhead pole lines or appurtenances thereof; and all other public or private property along or adjacent to the work. 11. Removal of Construction Equipment, Tools and Supplies. At the termination of this Contract, before acceptance of the Work by the City, the Contractor shall remove all of Contractor's equipment, tools and supplies from the property of the City. Should the Contractor fail to remove such equipment, tools and supplies, the City shall have the right to remove them and deduct the cost of removal from any amount owed to Contractor. 12. Suspension of Work by City. The City may at any time suspend the Work, or any part thereof, by giving ten (10) days' notice to the Contractor in writing. The work shall be resumed Standard Construction Contract 2015.07 Page 3 of 10 by the Contractor within ten (10) days after the date fixed in the written notice from the City to the Contractor to resume. If the City's suspension of all or part of the Work causes additional expenses not due to the fault or negligence of the Contractor, the City shall reimburse the Contractor for the additional expense incurred due to suspension of the work. Claims for such compensation, with complete substantiating records, shall be filed with the City within ten (10) days after the date of order to resume Work in order to receive consideration. This paragraph shall not be construed as entitling the Contractor to compensation for delays due to inclement weather, failure to furnish additional surety or sureties specified herein, for suspension made at the request of the Contractor, or for any other delay provided for in this Contract. 13. City's Right to Carry Out the Work. If the Contractor defaults or neglects to carry out the Work in accordance with the Contract or fails to perform any provisions of the Contract, the City may, after ten (10) days written notice to the Contractor and without prejudice to any other remedy the City may have, make good such deficiencies. In such case an appropriate Change Order shall be issued deducting from the payment then or thereafter due the Contractor the cost of correcting such deficiencies. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the City. 14. City's Right to Terminate Contract and Complete the Work. The City has the right to terminate this Contract for any of the following reasons: a. The Contractor is adjudged bankrupt, makes a general assignment for the benefit of creditors, or becomes insolvent; b. Failure of Contractor to supply adequate properly skilled workmen or proper materials; c. Failure of Contractor to make prompt payment to subcontractor for material or labor; d. Any disregard of laws, ordinances or proper instructions of the City; e. Assignment or work without permission of the City; f. Abandonment of the work by Contractor; g. Failure to meet the work progress schedule set forth in this Contract; h. Unnecessary delay which, in the judgment of the City, will result in the work not being completed in the prescribed time. Termination of the Contract shall be preceded by ten (10) days written notice by the City to the Contractor and its surety stating the grounds for termination and the measures, if any, which must be taken to assure compliance with the Contract. The Contract shall be terminated at the expiration of such ten (10) day period unless the City Council shall withdraw its notice of termination. Upon termination of the Contract by the City, the City may, without prejudice to any other remedy the City may have, take possession of the site and of all materials, equipment, tools, construction equipment and machinery thereon owned by the Contractor and may finish the Work by whatever methods the City may deem expedient at the Contractor's expense. Upon Contract termination, the Contractor shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the contract price exceeds the expense of finishing the Work, including compensation for additional managerial and administrative services, the excess shall be paid to the Contractor. If such expense exceeds the unpaid balance, the Contractor shall pay the difference to the City. In the event that the Contractor abandons the Work, fails or refuses to complete the Work or fails to pay just claims for labor or material, the City reserves the right to charge against the Standard Construction Contract 2015.07 Page 4 of 10 Contractor all legal, engineering, or other costs resulting from such abandonment, failure or refusal. Legal costs will include the City's cost of prosecuting or defending any suit in connection with such abandonment, failure or refusal, and non-payment of claims wherein the City is made co-defendant, and the Contractor agrees to pay all costs, including reasonable attorney's fees. 15. Contractor's Riqht to Terminate Contract. The Contractor may terminate this Contract upon ten (10) days written notice to the City for any of the following reasons: a. If an order of any court or other public authority caused the Work to be stopped or suspended for a period of 90 days through no act or fault of the Contractor or its employees. b. If the City should fail to pay any undisputed sum owed Contractor within forty-five (45) days after the sum becomes due. 16. Performance and Payment Bonds. Not required 17. Subcontractor. The Contractor shall bind every subcontractor and every subcontractor shall agree to be bound by the terms of this Contract as far as applicable to its work, unless specifically noted to the contrary in a subcontract approved in writing as adequate by the City. The Contractor shall pay any subcontractor involved in the performance of this Contract within the ten (10) days of the Contractor's receipt of payment by the City for undisputed services provided by the subcontractor. If the Contractor fails within that time to pay the subcontractor any undisputed amount for which the Contractor has received payment by the City, the Contractor shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Contractor shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Contractor shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 18. Responsible Contractor. Not Required 19. Independent Contractor. Contractor is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Contract, who shall be employees, and under the direction, of Contractor and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Contractor an employee of the City. 20. 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: Aaron Strom Duluth Coating Solutions, Inc 4785 South Shore Drive Duluth, MN 55811 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: Standard Construction Contract 2015.07 Page 5 of 10 Dzevad Mahmutovic City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Notices shall be deemed effective on the date of receipt. Any party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 21. 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, required by law, or the insurance coverage actually obtained by Contractor, whichever is greater. b. Contractor shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker's Compensation Statutory Limits Employer's Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General Liability $1,500,000 property damage and bodily injury per occurrence $2,000,000 general aggregate $2,000,000 Products — Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. Standard Construction Contract 2015.07 Page 6 of 10 d. Contractor shall maintain "stop gap" coverage if Contractor obtains Workers' Compensation coverage from any state fund if Employer's liability coverage is not available. e. All policies, except the Worker's Compensation Policy, shall name the "City of Eden Prairie" as an additional insured on ISO forms CG 20 10 07 04 or CG 20 10 04 13; and CG 20 37 07 04 or CG 20 37 04 13, or their equivalent. f. All policies shall apply on a "per project" basis. g. All polices shall contain a waiver of subrogation in favor of the City. h. All policies shall be primary and non-contributory. i. All polices, except the Worker's Compensation Policy, shall insure the defense and indemnity obligations assumed by Contractor under this Contract. j. Contractor agrees to maintain all coverage required herein throughout the term of the Contract and for a minimum of two (2) years following City's written acceptance of the Work. k. It shall be Contractor's responsibility to pay any retention or deductible for the coverages required herein. I. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days' prior notice to the City, except that if the cancellation or non- renewal is due to non-payment, the coverages may not be terminated or non- renewed without ten (10) days' prior notice to the City. m. Contractor shall maintain in effect all insurance coverages required under this Paragraph at Contractor's sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. n. A copy of the Contractor's Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Contractor's Work. Upon request a copy of the Contractor's insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Contractor has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Contractor of any deficiencies in such documents and receipt thereof shall not relieve Contractor from, nor be deemed a waiver of, City's right to enforce the terms of Contractor's obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. o. Effect of Contractor's Failure to Provide Insurance. If Contractor fails to provide the specified insurance, then Contractor will defend, indemnify and hold harmless the Standard Construction Contract 2015.07 Page 7 of 10 City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Contractor, its subcontractors, agents, employees or delegates. Contractor agrees that this indemnity shall be construed and applied in favor of indemnification. Contractor also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Contractor to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Contractor's insurance company. Contractor will take the action required by the City within fifteen (15) days of receiving notice from the City. 22. Indemnification. Contractor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney's fees paid, incurred or for which it may be liable resulting from any breach of this Contract by Contractor, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Contractor, its agents, contractors and employees, relative to this Contract. City will indemnify and hold Contractor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 23. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Contract ("Information") shall become the property of the City, but Contractor may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Contractor also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Contract does not relieve any liability on the part of the Contractor, but any use of the Information by the City or the Contractor beyond the scope of this Contract is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 24. Non-Discrimination. During the performance of this Contract, the Contractor shall not discriminate against any employee or applicant for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Contractor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non- discrimination clause and stating that all qualified applicants will receive consideration for Standard Construction Contract 2015.07 Page 8 of 10 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. 25. 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. 26. Audit Disclosure and Data Practices. Any reports, information, data, etc. given to, or prepared or assembled by the Contractor under this Contract which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. The books, records, documents and accounting procedures and practices of the Contractor or other parties relevant to this Contract are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Contract. This Contract is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Contractor in performing any of the functions of the City during performance of this Contract is subject to the requirements of the Data Practice Act and Contractor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Contractor in relation to this Contract shall contain similar Data Practices Act compliance language. 27. Rights and Remedies. The duties and obligations imposed by this Contract and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 28. Assignment. Neither party shall assign this Contract, nor any interest arising herein, without the written consent of the other party. 29. Damages. In the event of a breach of the Contract by City, the Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 30. 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 Standard Construction Contract 2015.07 Page 9 of 10 enforcement by the City during the term of this Contract or thereafter of any of the rights or remedies of the City under this Contract. 31. Severability. The provisions of this Contract are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Contract. 32. Entire Agreement. The entire agreement of the parties is contained herein. This Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 33. Waiver. No action nor failure to act by the City or the Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. 34. Governing Law. This Contract shall be controlled by the laws of the State of Minnesota. 35. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Contract. The violation of this provision renders the Contract void. 36. Counterparts. This Contract may be executed in multiple counterparts, each of which shall be considered an original. 37. Compliance with Laws and Regulations. In providing services hereunder, the Contractor shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of Work to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the Work to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Nancy Tyra-Lukens, its Mayor Rick Getschow, Its City Manager DULUTH COATING By: Its: Standard Construction Contract 2015.07 Page 10 of 10 1 HI8 ) 1 DULUTH COATING SOLUTIONS, INC . PROJECT PROPOSAL 4785 South Shore Drive Duluth, MN 55811 Ph, 218-729-4585 Fax: 218-729-9330 Job Number: 16-2486 Date: 4119/16 _ Phone: 952-949-8329 Email: dmahmutovicaOedenprarie.org Attn: Dzevad Mahrnutovic Job Location: Eden Prairie, MN Project: Eden Prairie Fire Stations#2  Install Dates: TBD 2016 Floor Restoration Site Phone: Scope of Work Description- Fluid Applied Flooring Floor System— Sika Quartzite 6000 Approx Size— Fire Station #2-4985 SF Fire Station#4- 5345 SF Installation Details-Provide labor, materials and equipment for: 1) Mechanical Preparation of Working Area. ie: shot blast/ Diamond Grind 2) Inspection of Work Areas 3) Repair Cracks, Chips or Spalls 4) Install Floor System Per Manuf. Specs. 5) Line Striping to Match Existing Pricing Fire Station#2 Quartz Floor- $19.935.00 Qntiorn Polvaspartic Topcoat $ 230_ 00 MMA Acrylic at Exterior of Overhead Doors $ 1,,49O,QQ Fire Station#4 Quartz floor• $213$5,00 Option Polyaspartic Topcoat $ 2,780.00 MMA Acrylic al Exterior of Overhead Doors $ 1,150.00 Thank you for the opportunity, Respectfully. Aaron Strom Duluth Coating Solutions, Inc. cell 218-590-1300 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar June 14, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Bill Olmschenk, Contract for Bituminous Trail Rehabilitation and MILL. Parks Construction Supervisor, Pedestrian Ramp Installation with Midwest Parks and Recreation Asphalt Corporation Motion Move to: Authorize entering into contract with Midwest Asphalt Corporation for trail rehabilitation and pedestrian ramp installation work in the amount of$148,522.50. Synopsis The City advertised for the rehabilitation of 9550 lineal feet of existing 8 foot wide trail, and the installation of eighteen new pedestrian ramps at various roadway crossings. Pioneer Trail from Stable Path to Cedar Forest Road, Hennepin Town Road from Bluff Road to Normandy Crest, and Candlewood Parkway from Scenic Heights to Eden Prairie Road. The City received sealed bids from four contractors. Background The scope of this project is to replace the surface of existing 8 foot wide bituminous bike trail segments where the surface is rough, severely degraded and in extremely poor condition. In 2014, these trail segments ranked as being in poor condition(PCI under 70) in a city wide trail and sidewalk assessment. These trail sections cannot be renovated using the standard surface treatment of a rock chip seal coat; these bituminous portions must be rebuilt to provide a safe and useable trail surface for the next 20+years. The funding for this project comes from the Capital Reinvestment Program. Bid Summary and Recommendation The summary of the bids submitted is as follows: Midwest Asphalt Corp. $148,522.50 Bituminous Roadways, Inc. $149,782.50 Northwest Asphalt, Inc. $177,452.50 Minnesota Roadways Co. $178,030.00 The estimate for this bituminous trail rehabilitation project, based on 2015 bid/quote information, was $160,000. Each of the submitters met the guidelines as detailed in the bid specification document. Staff recommends the contract be awarded to Midwest Asphalt Corporation. Bituminous Trail Rehabilitation and Pedestrian Ramp Installation June 14, 2016 Page 2 The bituminous parking lot and trail rehabilitation and project work will begin July 5 with completion by October 7, 2016. City staff will do the work of restoring the private property lawn areas disturbed by this trail work. Attachment Agreement FORM OF CONTRACT THIS AGREEMENT, made and executed this 14th day of June, 2016, by and between City of Eden Prairie, hereinafter referred to as the CITY, and Midwest Asphalt Corporation, 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 Parks and Natural Resources Services referred to in Paragraph IV, as provided by the CITY for: 2016 Bituminous Trail Rehabilitation and Pedestrian Ramp Installations 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 Park Project Supervisor. 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 the Agreement as if fully set forth herein. This Agreement and 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 CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda June 14, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: LC. 14-5879 ITEM NO.: Dave Modrow Award Contract for Sunnybrook Road Basin VIII.M. Public Works/Engineering Improvements Requested Action Move to: Award the Contract for the Sunnybrook Road Basin Improvements Project to Blackstone Contractors, LLC in the amount of$60,998.25. Synopsis The plans and specifications were distributed for the Sunnybrook Road Basin Improvements project to 9 (nine) contractors on May 9th, 2016. A pre-bid meeting was held on site May 18th and was attended by three contractors. A minor addendum to the specifications was issued to clarify some scope and timing issues following the pre-bid meeting. The final engineer's estimate prepared by Wenck Associates came in at $65,710. Three quotes were received and publically opened on Thursday, May 25, 2016. Quotes were favorable with the low bidder being Blackstone Contractors, LLC at $60,988.25. Background Information This project consists of the dredging, cleanout, and restabilization of four wetland and stormwater basins that are currently in series and subject to frequent flooding concerns. Wenck Associates were hired in October 2014 to prepare plans for permitting and construction. The work will be substantially completed by Spring of 2017 with the majority of the work taking place in Fall/Winter of 2016. Financial Implications Funding for this project will be through the Storm Water Management Fund. Attachments • Bid Tabulation • Form of Contract • Consultant's Recommendation to Award ^V W -'' - Pond 22-33 A-G Improvements Repo��vePat�e..ExePto�aouttomes. Eden Prairie Bid Tabulation ENGINEER'S ESTIMATE BLACKSTONE SUNRAM RACHEL Line No. Base Bid Item Units Quantity Unit Price Sub Total Unit Price Sub Total Unit Price Sub Total Unit Price Sub Total 1 Mobilization/Demobilization LS 1 $3,000.00 $3,500.00 $2,500.00 $2,500.00 $4,700.00 $4,700.00 $20,000.00 $20,000.00 2 Dewatering(MNDOT 3875) LS 1 $9,000.00 $9,000.00 $1,000.00 $1,000.00 $1,500.00 $1,500.00 $1,500.00 $1,500.00 3 Traffic Control LS 1 $1,300.00 $1,300.00 _ $800.00 $800.00 $500.00 $500.00 $2,000.00 $2,000.00_ 4 Inlet Protection(MNDOT 2573.530) EA 2 $250.00 $500.00 $110.00 $220.00 $200.00 $400.00 $300.00 $600.00 5 Silt Fence(MNDOT 3886) LF 60 $6.00 $360.00 $5.00 $300.00 $7.00 $420.00 $8.00 $480.00 6 12"Bioroll(MNDOT 3897.2-E) LF 100 $6.00 $600.00 $10.00 $1,000.00 $7.00 $700.00 $10.00 $1,000.00 7 Street Sweeper with Pickup Broom HR 5 $150.00 $750.00 $120.00 $600.00 $150.00 $750.00 $170.00 $850.00 8 Clearing and Grubbing LS 1 $1,500.00 $1,500.00 $3,750.00 $3,750.00 $3,050.00 $3,050.00 $4,000.00 $4,000.00 9 Temporary Construction Entrance(Type 6 Wood Chip Mulch) EA 3 $1,500.00 $4,500.00 $800.00 $2,400.00 $1,500.00 $4,500.00 $500.00 $1,500.00 10 Excavation and Haul of Level 2 Sediment(Basin 23-33-A) TON 205 $50.00 $10,250.00 $51.15 $10,485.75 $45.00 $9,225.00 $55.00 $11,275.00 11 Muck Excavation-Offsite(LV)(Basin 23-33-B, C,&G) CY 175 $25.00 $4,375.00 $54.50 $9,537.50 $45.00 $7,875.00 $40.00 $7,000.00 12 Site Grading - LS 1 _ $1,500.00 $1,500.00 _ $3,900.00 _ $3,900.00 $1,500.00 _ $1,500.00 _ $5,000.00 _ $5,000.00 1-3 Jet/Clean 18"Culvert 204 $0400 $0:00 $0400 $0.00 $0400 $0.00 $0-09 $0.00 _ 14 _ Sodding(MNDOT 3878 A) _ SY 25 $10.00 _ $250.00 _ $6.00 _ $150.00 _ $15.00 _ $375.00 _ $20.00 _ $500.00 15 Category 3 Erosion Control Blanket(MNDOT 3885-3) SY 1,600 $3.00 $4,800.00 $2.00 $3,200.00 $1.75 $2,800.00 $1.00 $1,600.00 16 Seed(MN State Mix 34-171) SY 1,600 $1.00 $1,600.00 $0.50 $800.00 $0.30 $480.00 $0.50 $800.00 17 Install Buffer Monuments EA 9 $200.00 $1,800.00 $150.00 $1,350.00 $200.00 $1,800.00 $200.00 $1,800.00 18 Two Year Vegetation Warranty and Maintenance YEAR 2 $2,000.00 $4,000.00 $250.00 $500.00 $1,850.00 $3,700.00 $1,000.00 $2,000.00 19 Class 2 Riprap(MNDOT 3133D) TON 19 $125.00 $2,375.00 $85.00 $1,615.00 $103.00 $1,957.00 $100.00 $1,900.00 20 Remove&Dispose 6-8"Sediment and River Rock LS 1 $1,000.00 _ $1,000.00 $1,500.00 $1,500.00 $1,575.00 $1,575.00 _ $2,000.00 $2,000.00 21 2"-4"River Rock(6"depth) TON 18 $75.00 $1,350.00 $60.00 $1,080.00 $103.00 $1,854.00 $70.00 $1,260.00 22 Remove&Replace 6"Concrete Driveway SF 1,300 $8.00 $10,400.00 $11.00 $14,300.00 $12.50 $16,250.00 $0.01 _ $13.00 TOTAL BASE BID $65,710.00 $60,988.25 $65,911.00 $67,078.00 V:\Technical\0094 Eden Prairie\0104 Ponds 23-33 A-G Construction\02 Project Bidding\Bid Tabulation.xls 5/26/2016 SECTION 00520 FORM OF CONTRACT THIS AGREEMENT, made and executed this day of 20 , by and between City of Eden Prairie hereinafter referred to as the "CITY", and hereinafter referred to as the"CONTRACTOR", WITNESSETH: CITY AND CONTRACTOR,for the consideration hereinafter stated,agree as follows: I. CONTRACTOR hereby covenants and agrees to perform and execute all the provisions of the Plans and Specifications prepared by the Public Works Department referred to in Paragraph IV, as provided by the CITYfor: I.C. CONTRACTOR further agrees to do everything required by this Agreement and the Contract Document. II. CITY agrees to pay and CONTRACTOR agrees to receive and accept payment in accordance with the prices bid for the unit or lump sum items as set forth in the Proposal Form attached hereto which prices conform to those in the accepted CONTRACTOR'S proposal on file in the office of the City Engineer. The aggregate sum of such prices, based on estimated required quantities is estimated to be$ . 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. Notice to Contractors b. Instruction to Bidders c. Accepted Proposal d. Contract Agreement (2) Special Conditions (3) Detail Specifications (4) General Conditions FC-I Form of Contract (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 Its City Mayor And Its City Manager CONTRACTOR In Presence Of: By Title And Title FC-2 Form of Contract vAy WENCK ASSOCIATES Responsive partner. Exceptional outcomes. June 7, 2016 Mr. Dave Modrow City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 RE: Sunnybrook Road Basin Improvements (Basins 23-33 A-G) Mr. Modrow: The City of Eden Prairie proposes to improve the pollutant removal capacity and conveyance capacity of the Sunnybrook Road Basins (Ponds 23-33 A-G) by excavating accumulated sediment, removing flow obstructions, and revegetating with a native seed mix. The basins are located north and south of Sunnybrook Road between Creek Knoll Road and Cold Stream Lane. The downstream-most basin discharges to Purgatory Creek approximately 700 feet east of Creek Knoll Road. On behalf of the City, Wenck issued a request for quotes to nine contractors on May 9, 2016. The City received quotes from three contractors on May 25, 2016. Blackstone Contractors, LLC was the low bidder at $60,988.25, and the Engineer's Estimate was $65,710.00. Wenck has reviewed their quote and recommends the City enter into a contract with Blackstone Contractors, LLC to complete the project as designed in the plans and specifications. Sincerely, Wenck Associates, Inc. o�X Todd Shoemaker, PE, CFM Principal, Water Resources Engineer 651-294-4585 tshoemaker@wenck.com Wenck Associates, Inc. I 1802 Wooddale Drive I Woodbury, MN 55125-2937 Toll Free 800-472-2232 Main 651-294-4580 Email wenckmp@wenck.com Web wenck.com CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar June 14, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Paul Sticha, Administration, 2016 Building Envelope Restoration VIII.N. Facilities Requested Action Move to: Award the contract for 2016 Building Envelope Restoration to Sebco, Inc., for the base bid, in the amount of$67,438.00. Synopsis Base Bid Restoration Systems $69,015 Sebco $67,438 Western Waterproofing No Bid American Masonry No Bid A.J. Spanjers Company $91,015 Flag Builders No Bid Total Budgeted $123,000.00 Background Information • Plans and specifications were prepared by EPI. • We have restoration work at 12 buildings this year. Work includes, caulking, tuckpointing, weather seals, metal repair,brick and block repair or replacement, concrete repair,painting, etc. • Six restoration contractors requested plans and specs and said they would bid. • Four contractors attended the pre-bid meeting. • Three bids were received. • The other three contractors all declined to bid just prior to due date, stating they were too busy to prepare proposals or to take on additional work. Attachment Letter of Recommendation for Sebco, Inc. and Bid Tabulation from EPI S.Y+,+F+,i}r ENVIRONMENTAL PROCESS, INC. 3 4 Q= 715 Florida Ave.S.,Suite 111 18382 FM 302,Suite 103 Golden Valley,MN 55426 Fax: 763-398-0121 Canyon Lake,TX 78133 763-398-3040 Phone: 888-733-3050 830-935-4909 epimpls@go-epi.com www.go-epi.com epitx@go-epi.com June 2, 2016 Mr. Paul Sticha Facilities Manager City of Eden Prairie 8080 Mitchell Road Eden Prairie, Minnesota 55344-4485 Re: City of Eden Prairie 2016 Exterior Building Envelope Maintenance EPI No.: 2016-740 Dear Mr. Sticha: Environmental Process, Inc. (EPI) reviewed the City of Eden Prairie - 2016 Exterior Building Envelope Maintenance project work scope with Mr. Jerry Larson of Sebco, Inc. and there were no questions. Jerry Larson indicated that they fully understand the work scope that they will be ready to start work as in the tentative schedule or earlier. The work schedule will be discussed at the preconstruction meeting. Sebco, Inc. is based in Minneapolis, Minnesota. EPI has worked with Sebco, Inc. in the past on Projects with a similar work scope that was successfully completed. Based on the review of project work scope with Sebco, Inc. and the fact that they are the low bidder we recommend awarding the project to them. EPI recommends that the base bid cost of $67,438.00 for the City of Eden Prairie 2016 Exterior Building Envelope Maintenance project be accepted from Sebco, Inc. Please call (763) 398-3040 with any questions, comments. Sincerely, ENVIRONMENTAL PROCESS, INC. 040-.0 Denny Langer, PE Project Manager Attachment: Recap of Bids An Equal Opportunity Employer CITY OF EDEN PRAIRIE 2016 EXTERIOR BUILDING ENVELOPE MAINTENANCE EPI 16-740 RECAP OF BIDS Bid Due Date: Thursday, June 2, 2016 Time: 10:00 AM CONTRACTOR BASE BID AFFIDAVIT CONTRACTOR Tuck-pointing Control Joint/ Caulk Replacement of (Appendices A-L) OF NON- RESPONSIBILITY (CMUBrick) Expansion Joint door/window, Concrete COLLUSION AFFIDAVIT (Per Linear Replacement head/jambs/ Sidewalk/Patio Ft.) (Per Linear Ft.) sills(Per Linear (Per Square ft.) Ft.) A.J.Spanjers $91,800.00 Yes Yes $12.00 $7.00 $7.00 $14.00 Company,Inc. American No Bid Masonry Restoration Flag Builders of No Bid Minnesota Restoration $69,015.00 Yes Yes $15.00 $20.00 $15.00 $30.00 Systems,Inc. Sebco,Inc. $67,438.00 Yes Yes $22.00 $8.00 $6.00 $18.50 Western No Bid Specialty Contractors CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar June 14, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Joan Karst, Administration, Recarpet Lower Level Public Areas, Conference VIII.O. Facilities Rooms, Police Lobby and IT Office Space at City Hall Requested Action Move to: Award the contract for the replacement of the lower level public area, conference rooms, IT office area carpet in City Hall to LaVan Floor Covering. Synopsis Base Bid St. Paul Linoleum and Carpet Company $104,176.00 LaVan Floor Covering $ 88,064.00 Mars Carpet Sales $102,156.00 Background • Plans and specifications were prepared by Baker Associates for carpet replacement for upper and lower level City Hall. The carpet replacement will be done in stages over four years as budgeted in the CIP. • This second stage includes lower level public areas, conference rooms, police lobby, and IT office space. • Three quotes were received. Attachment Construction Contract with contractor's quote attached as Exhibit A. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar June 14, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Paul Sticha, Administration Food Service Contractor in The Garden Room VIII.P. Department, Facilities Division Restaurant Requested Action Move to: Award the contract for Food Services in The Garden Room to The Cave Café, LLC. Background Information Staff"interviewed" representatives and received presentations from The Cave Café and Catered by Colette. They proposed using the kitchen as a commissary for their businesses and serving breakfast and lunch to building occupants while they are in the kitchen using it as a commissary. Staff felt The Cave Café had the proposal that most closely matched the needs of the City. Worked with Sarah Schwarzhoff in JRGN office to modify the kitchen contract so there would be no interference with Mintahoe Catering. Sarah also created an amendment to the Mintahoe contract clarifying that The Cave Café had exclusive use of the kitchen Monday—Friday from 6:00am to 2:00 pm. Both the Cave Café contract and the Mintahoe amendment are attached. Attachments Cafeteria Service Agreement First Amendment to Catering and Liquor Services Agreement CAFETERIA SERVICE AGREEMENT THIS AGREEMENT is made as of this 14th day of June, 2016, by and between THE CAVE CAFE LLC, a Minnesota limited liability company ("Contractor"), and City of Eden Prairie, a Minnesota municipal corporation ("City"). RECITALS: A. City is the owner of a building known as the City Center ("Building") and land located at 8080 Mitchell Road, Eden Prairie, Minnesota. The Building contains a cafeteria identified on Exhibit 1 attached hereto, consisting of kitchen area, food service area, garden conference room, garden room, storage area, hallways and restrooms (collectively the "Garden Room"). B. The City owns all of the furniture, fixtures, equipment, cookware and tableware in the Garden Room ("City food service equipment"). Contractor is permitted to bring personal furniture, equipment and/or cookware into the Garden Room, but must provide the City with a list of personal items owned by the Contractor. Any furniture, equipment and/or cookware provided by the Contractor shall remain the sole property of the Contractor C. City desires to engage Contractor to operate the Garden Room in order to provide cafeteria services for breakfast and lunch on weekdays ("Cafeteria Services"). D. Contractor desires to operate the Garden Room in order to provide the Cafeteria Services in exchange for use of the kitchen area identified on Exhibit A to prepare food for Contractor's food truck and off-site catering. WITNESSETH: In consideration of the mutual promises of each to the other, City hereby authorizes Contractor, and Contractor hereby agrees to provide Cafeteria Services in the Garden Room upon the following terms and conditions: 1. Effective Date and Term of Agreement. This Agreement shall become effective as of May 24, 2016 ("Effective Date"), and shall continue through December 31, 2017, except that this Agreement may be terminated as provided herein. The Agreement then automatically renews for continuous one year terms, with no action from either party required. 2. Services to be Provided by and Obligations of Contractor Contractor shall provide the following services and perform, and conform to, the following obligations: a. Operate the Garden Room to provide Cafeteria Services for breakfast and lunch as set forth in Contractor's Proposal attached as Exhibit 2, except that food 1 of 11 service for breakfast and lunch shall be provided from 7:00 a.m. through 1:00 p.m. on weekdays excluding holidays, and that Contractor shall clean and vacate the Garden Room by 2:00 p.m. each weekday. Contractor's daily cleaning shall include but not be limited to putting away all food and beverage products, cleaning and putting away all dishes, cookware and kitchen equipment, wiping down the kitchen area and food service area, sweeping and moping the kitchen area and food service area and taking out the trash. Contractor may not use the Garden Room after 2:00 p.m. on weekdays nor may Contractor use the Garden Room on weekends. b. Intentionally Omitted (Rental Fee Schedule). c. Operate, keep and maintain the Garden Room, together with all equipment, furniture and fixtures therein in a first class, clean and sanitary manner, and in compliance with all Federal, State and City laws, rules and regulations relating to sanitation, health, preparation and serving of food and food products, and its employees including, but not limited to, the Occupational Safety and Health Act of 1970, as amended, wages, hours of employment and withholding of taxes. d. Intentionally Omitted (Cleaning/Janitorial). e. Abide by all rules and regulations fixed and set by City relating to the receipt and delivery of goods, supplies and catered foods and beverages and the use of the Garden Room, the Building and surrounding land on which the Building is situated. f. At its sole cost and expense obtain all government licenses and permits required for the operations and services set forth herein. g. Repair or replace in a condition comparable to that existing as of the Effective Date of this Agreement, the Garden Room and the City food service equipment in the event of damage or destruction thereof caused by the willful act or negligence of Contractor, its employees, agents, customers or invitees within a reasonable time after such damage or destruction and in any case not more than 30 days after such occurrence. h. Refrain from leaving garbage or other material on the loading docks and in the compacting system and arrange for proper grease disposal. i. Obtain and pay for all food, beverages, candies, and consumable supplies and material of every kind and employ all labor and management personnel necessary for the Cafeteria Services. j. Obtain and pay for all operating supplies and linens, laundry and uniforms, and miscellaneous costs required in the Cafeteria Services. k. Contractor and its employees will park in service areas or lots and use entries and exits as designated by City. Contractor's personnel will contact the appropriate person (i.e. receptionist, maintenance personnel, security, etc,) 2 of 11 immediately upon entering the building, and will sign in and out if required by City. I. Care, coordination and communication by Contractor is imperative so that guests and employees in the buildings are not disturbed or inconvenienced during the performance of the contracted services. m. Contractor's personnel must be neat appearing and wear a uniform and badge that clearly identifies them as a service contractor and abide by the City's no smoking policies. n. 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 City, to present a first class operation. o. When necessary, Contractor's personnel will be provided with keys or access cards in order to perform their work. Any lost keys or cards or other situation that result in rekeying a space or other cost to the City will be billed back to the Contractor. Upon termination of this Agreement, Contractor shall return all keys and access cards to the City. p. Intentionally Omitted (Marketing Program). 3. City's Obligations. City will do or provide to Contractor the following: a. Provide the City food service equipment existing in the Garden Room as of the Effective Date. Except as to damage or destruction caused by the willful act or negligence of Contractor, its employees, agents, customers or invitees, repair or replace the City food service equipment, in a condition comparable to that existing on the Effective Date of this Agreement, but only if Contractor shall have first given notice to City of the need to repair or replace. In no event is Contractor authorized to make or cause any repair or replacement without the written consent of City. If Contractor does so without such written consent, City shall not be obligated to reimburse Contractor for the cost thereof. Contractor has inspected the Garden Room and is familiar with the condition of the City food service equipment. b. Provide utilities including heating, cooling, lighting, electricity, and gas energy, hot and cold water and pest extermination reasonably necessary for Cafeteria Services. The obligation to provide heating and cooling shall be limited to that necessary to support normal daily operations. Additional heating, cooling, lighting, etc. for events may be charged back to the Contractor. c. Provide general cleaning services in the Garden Room and adjacent common areas, Monday through Friday. Maintain and clean walls, ceilings, windows, lights, exhaust fans and floors, except maintaining and cleaning to be performed by Contractor pursuant to Section 2 a above. 3 of 11 d. Providing parking for Contractor's staff vehicles in the "City Employee Parking Lot". 4. Exclusive Rights for Cafeteria Services. a. Contractor shall, during the term of this Agreement, have the exclusive right to provide Cafeteria Services within the Garden Room during the hours specified in this Agreement; provided however, the City reserves the right to locate and operate vending machines within the Garden Room and throughout the Building. Access to loading dock will be provided as needed. b. City contracts with another entity to provide catering services for events in the Garden Room ("Catering Provider"). Contractor shall not provide any catering services for events in the Garden Room. Contractor shall coordinate all use of the Garden Room and City food service equipment with the Catering Provider. The Contractor shall have priority to use the Garden Room and City food service equipment weekdays from 7:00 a.m. to 1:00 p.m. The Catering Provider shall have priority to use the Garden Room and City food service equipment at all other times. c. Contractor shall not use, operate, relocate or otherwise interfere with equipment of the Catering Provider without permission from the Catering Provider. 5. Monthly Accounting and Payment. a. No commission or fee will be paid by Contractor to the City for the use of the Garden Room. In consideration for allowing Contractor to utilize the Garden Room Contractor shall operate the Cafeteria Services for breakfast and lunch pursuant to the terms of this Agreement. b. Contractor shall not receive any subsidy or payment from the City for provision of the Cafeteria Services. 6. Liquor Contractor shall not be permitted to provide or serve alcoholic beverages. 7. 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: 4 of 11 Worker's Compensation Statutory Limits Employer's Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General Liability $1,500,000 property damage and bodily injury per occurrence $2,000,000 general aggregate $2,000,000 Products — Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. d. Contractor shall maintain "stop gap" coverage if Contractor obtains Workers' Compensation coverage from any state fund if Employer's liability coverage is not available. 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 5 of 11 acceptance of the Work. k. It shall be Contractor's responsibility to pay any retention or deductible for the coverages required herein. I. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days' prior notice to the City, except that if the cancellation or non-renewal is due to non-payment, the coverages may not be terminated or non-renewed without ten (10) days' prior notice to the City. m. Contractor shall maintain in effect all insurance coverages required under this Paragraph at Contractor's sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. n. A copy of the Contractor's Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Contractor's Work. Upon request a copy of the Contractor's insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Contractor has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Contractor of any deficiencies in such documents and receipt thereof shall not relieve Contractor from, nor be deemed a waiver of, City's right to enforce the terms of Contractor's obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. o. Effect of Contractor's Failure to Provide Insurance. If Contractor fails to provide the specified insurance, then Contractor will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of 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. 6 of 11 If a claim arises within the scope of the stated indemnity, the City may require Contractor to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Contractor's insurance company. Contractor will take the action required by the City within fifteen (15) days of receiving notice from the City. 8. Indemnification. Contractor will indemnify City and hold it harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney's fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Contractor or any negligent or intentional act or omission performed, taken or not performed or taken by Contractor, its agents, contractors and employees, relative to this 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 agents or employees. 9. Termination. a. Either party may terminate this Agreement without cause at any time by giving notice of its intention to do so, to the other, as provided herein, at least sixty (60) days prior to the intended date of termination. b. Alternatively, 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. Immediately prior to termination of this Agreement, Contractor shall have restored, cleaned and maintained the Garden Room and the City food service equipment in a manner and condition in which it existed on the date hereof, reasonable wear and tear excepted. 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, including, but not limited to, those described in Section 7 of this Agreement (prior liability), 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. 7 of 11 10.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: The Cave Café LLC 13553 Heather Hills Drive Burnsville, MN 55337 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: Facilities Manager City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Notices shall be deemed effective on the date of receipt. Any party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 11.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. 12.Assignment Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 13.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 8 of 11 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. 14.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. 15.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. 16.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. 17.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. 18.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. 9 of 11 19.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. 20.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. 21.Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 22.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. 23.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. 24.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. 10 of!! 25.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. CITY OF EDEN PRAIRIE Nancy Tyra-Lukens, Its Mayor Rick Getschow, Its City Manager THE CAVE CAFE LLC Tewodros Negash, Its Manager and Registered Agent 11of11 First Amendment to Catering and Liquor Services Agreement This First Amendment to Catering and Liquor Services Agreement ("First Amendment") is made on the 14th day of June, 2016, between Mintahoe, Inc., a Minnesota corporation, d/b/a Mintahoe Catering & Events ("Contractor"), and City of Eden Prairie, a Minnesota municipal corporation ("City"). WHEREAS, Contractor and City entered into that certain Catering and Liquor Services Agreement dated November 17, 2015 relating to the use of the Garden Room at the City Center for catering services ("Agreement"); WHEREAS, Contactor and City desire to amend the terms of the Agreement to allow a third party to provide cafeteria services out of the Garden Room. NOW THEREFORE, Contractor and City agree as follows: 1. The final sentence of Paragraph 4 b is deleted and replaced with the following: "The Cafeteria Provider shall have priority to use the Garden Room and City food service equipment weekdays from 6:00 a.m. to 2:00 p.m. Contractor shall have priority to use the Garden Room and City food service equipment at all other times." 2. The terms and conditions of the Agreement remain in full force and effect except as modified by this First Amendment. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Nancy Tyra-Lukens, Its Mayor Rick Getschow, Its City Manager MINTAHOE CATERING & EVENTS By: Its: By: Its: CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar June 14, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Rick Getschow, City Manager Resolution approving participation in the VIII.Q. Performance Measurement Program established by the Council on Local Results and Innovation Requested Action Move to: Adopt the resolution approving participation in the performance measurement program established by the Council on Local Results and Innovation. Synopsis The City of Eden Prairie has already implemented the required 10 measures with the majority of them coming from the Quality of Life Survey. We will be updating the current Goals and Results page on the City website to reflect the new data. This resolution is a formality to adopt the measures and approve using results we already have for a state program in order to receive financial benefit. Background In February 2012, the Council on Local Results and Innovation created a voluntary performance measurement program. Requirements of the program include officially adopting and implementing the ten minimum performance measures, reporting the results to the residents through at least one of the following means: publication, direct mailing,posting on the entity's website, or through a public hearing at which the budget and levy will be discussed and public input allowed, and submission of the resolution and results to the Office of the State Auditor. Benefits to the City of Eden Prairie for participation include a reimbursement of$0.14 per capita annually and exemption from levy limits for taxes, if levy limits are in effect. The intention is to use the funds to support participation in the ICMA Insights performance management and analytics program. This will help staff to advance our current goals and results performance measures increasing transparency. Attachments • Resolution • Performance Measurement Report Submittal • Performance Measurement System Requirements • List of Standard Measures for Cities CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2016- _ RESOLUTION APPROVING PARTICIPATION IN THE PERFORMANCE MEASUREMENT PROGRAM ESTABLISHED BY THE COUNCIL ON LOCAL RESULTS AND INNOVATION WHEREAS, the Council on Local Results and Innovation established by the Minnesota Legislature has implemented a voluntary performance measurement and reporting program; and WHEREAS,benefits to the City of Eden Prairie for participation include a reimbursement of $0.14 per capita annually and exemption from levy limits for taxes, if levy limits are in effect; and WHEREAS, the Council on Local Innovations and Results has established a standard set of measures for cities to adopt and report; and WHERAS, the City has adopted and implemented at least 10 of the measures in order to satisfy the program's requirements. NOW, THEREFORE,BE IT RESOLVED by the Eden Prairie City Council: The City of Eden Prairie will report the results of the performance measures to its citizenry by the end of the year through publication, direct mailing, posting on the city's/county's website, or through a public hearing at which the budget and levy will be discussed and public input allowed. BE IT FURTHER RESOLVED, the City Council of Eden Prairie will submit to the Office of the State Auditor the actual results of the performance measures adopted by the City. ADOPTED by the Eden Prairie City Council on the 14th day of June, 2016. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda June 14, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Rick Getschow, City Manager Approval of Agreement with National VIII.R. Research Center for the 2016 Community Survey Requested Action Move to: Approve Agreement with the National Research Center(NRC) to conduct the 2016 Community Survey. Background As the Council is aware, the City conducts a Community Survey every other year in even- numbered years. From 2006—2012 the City hired Decision Resources, a local polling firm to conduct this survey. In 2014, the City changed to the National Resource Center out of Colorado, as they could deliver a more robust product that included greater detail, more comparisons and additional follow-up services. The NRC has been conducting community feedback surveys for cities and counties across the country for twenty years. They have worked with more than 20 different Minnesota communities including the cities of Maple Grove and Bloomington. Additionally, they have the ability to compare the survey data we will collect in 2016 with the data we have collected in the previous five surveys. In addition, the NRC has survey response data from 500 jurisdictions in the United States that can be compared to Eden Prairie's data. Similar to 2014, The NRC utilizes a mail in survey, instead of a phone survey, which was used with Decision Resources. There are several benefits to the mail-in format including the ability to ask more questions and to include complete geographic coverage of the city that does not rely upon phone numbers (this is particularly important due to the high number of homes without a land line). In addition to presenting the survey results to the Council in early March, the NRC will also conduct a Next Steps Workshop for the Council and staff where the survey results will be used to create action steps. New to the 2016 survey is that the City will receive and promote a URL, which would allow all residents an opportunity to complete the Quality of Life Survey. The NRC will evaluate the quality of the data collected via this opt-in survey to determine if it can be integrated into the scientifically sampled mailed survey. Regardless of if the data can be integrated, the NRC will provide tables of results for the survey. The timing of the survey will be the same as it has been in the past. The surveys will be mailed in early November after the election. The total cost of the survey, including the Next Steps Workshop, is $32,790. For comparison purposes, the cost of the 2014 Community Survey was $27,960. This price increase is due to the increase in the number of randomly selected households the survey will be sent to (2,000 in 2016 vs. 1,200 in 2014) as well as the opt-in survey available to all residents. Attached is a copy of a contract drafted by the NRC for the survey work. Staff recommends approval of the contract. Attachments NRC Contract AGREEMENT BETWEEN NATIONAL RESEARCH CENTER, INC. AND THE CITY OF EDEN PRAIRIE THIS AGREEMENT, made and entered into this day of June, 2016 by and between the City of Eden Prairie hereinafter referred to as "The Client", and National Research Center, Inc., hereinafter referred to as "Consultant," WITNESSETH: WHEREAS, the Client plans to undertake a survey of residents in Eden Prairie, and; WHEREAS, the Client desires to retain the services of the Consultant to conduct the project relative thereto and the planning and designing thereof as set forth in this agreement. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the parties hereto agree as follows: 1. The Client hereby retains the Consultant for the project, to perform the services on the terms and conditions specified herein and the Consultant agrees so to serve. The parties agree that the Consultant shall be an independent contractor and shall not be an employee of the Client. The Consultant, as an independent contractor, is not entitled to workers' compensation benefits and unemployment insurance benefits, and the Consultant is obligated to pay federal and state income tax on any moneys earned pursuant to the contract relationship. 2. The budget and work plan are attached hereto as Exhibit A and made a part of this agreement. Consultant agrees to perform the work described in Exhibit A in compliance with all provisions of this agreement. Consultant represents that it has the requisite authority and capacity to perform all terms and conditions on Consultant's part to be performed hereunder. Consultant adjusts its rates in response to the cost of doing business. On an annual basis, the rates for staff time are evaluated. Other rates, including postage, are increased by consultant as soon as they are increased by the vendor/supplier. Should a postage increase by the United States Postal Service occur during the project at such a point that project mailings are affected; the cost increase will be passed through directly to the client. The budget in Exhibit A presumes that the project activities will be completed according to the timeline in Exhibit A. The client will be notified immediately of any potential cost increase due to work that threatens to extend past that timeframe. 3. The work will begin and be completed in accordance with Exhibit A. 4. The Client agrees to pay Consultant for services rendered pursuant to this agreement the sums set forth in the manner set forth as follows, as adjusted to reflect the omission or addition of any of the tasks set forth therein. One initial payment of $9,000 shall be made upon signing of the contract. Further payments shall be made upon billing by the Consultant, which billing shall Page 1 occur not more frequently than twice per month, and which shall identify the tasks performed for each task. Payment will be made to the Consultant within 30 calendar days. 5. The Client reserves the right to monitor and evaluate the progress and performance of the Consultant to ensure that the terms of this agreement are being satisfactorily met in accordance with the Client monitoring and evaluating criteria and standards. Consultant shall cooperate with the Client relating to such monitoring and evaluation. 6. Insurance Requirements (a) Comprehensive General Liability, The Consultant shall procure and keep in force during the duration of this contract a policy of Comprehensive General Liability insurance insuring the Consultant against any liability for personal injury, bodily injury, or death arising out of the performance of services hereunder and against liability for property damage with a combined single limit of at least $1,000,000 each occurrence and $2,000,000 aggregate (b) Comprehensive Automobile Liability, The Consultant shall procure and keep in force during the duration of this contract a policy of Comprehensive Automobile Liability insurance insuring the Consultant against any liability for personal injury, bodily injury, or death arising from the use of motor vehicles and shall cover operations on or off the site of all vehicles controlled by the Consultant whether they are owned, non- owned, or hired with a combined single limit of at least $1,000,000. Policies described in (a) and (b) above shall be for the mutual and joint benefit and protection of the Consultant and The Client. (c) Other Insurance, The Consultant shall procure and keep in force during the term of the contract Workmen's Compensation and such other insurance as may be required by any law, ordinance or governmental regulation. (d) Prior to commencement of work, the Consultant shall furnish to The Client certificates of insurance policies evidencing the required coverages if the Client so desires. The Client reserves the right to approve variations in the above requirements upon request of Consultant if, in the Client's opinion, such variations do not substantially affect the Client's interests. 7a.Indemnification, The Consultant hereby covenants and agrees to indemnify, defend, save, and hold the Client harmless from any and all liability, loss, costs, charges, obligations, expenses, attorneys' fees, litigation, judgments, damages, claims and demands of any kind whatsoever in connection with, arising out of Consultant's negligence or any material violation of the contract or of any law, ordinance or regulation by the Consultant, his agents, Page 2 employees, servants, subcontractors, business invitees; or by reason of any injury or damage caused by Consultant's negligence occurring to any person or persons whomever (including the Consultant, his agents, employees, servants, subcontractors or business invitees) or to property of any kind whatsoever and to whomever belonging (including the Consultant, his agents, employees, servants, subcontractor or business invitees). 7b.Indemnification, the Client hereby covenants and agrees to indemnify, defend, save, and hold the Consultant harmless from any and all liability, loss, costs, charges, obligations, expenses, attorneys' fees, litigation, judgments, damages, claims and demands of any kind whatsoever in connection with, arising out of Client's negligence or any material violation of the contract or of any law, ordinance or regulation by the Client, its agents, employees, servants, subcontractors, business invitees; or by reason of any injury or damage caused by the Client's negligence occurring to any person or persons whomever (including the Client, its agents, employees, servants, subcontractors or business invitees) or to property of any kind whatsoever and to whomever belonging (including the Client, its agents, employees, servants, subcontractor or business invitees). 8. This agreement may be terminated by either party upon five (5) days' written notice. In the event of termination by the Client, the Client shall be liable to pay to Consultant fees for services and expenses incurred to date of termination. 9. This agreement shall be binding upon, and shall inure to the benefit of, the parties hereto, their successors and assigns. 10. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 11. Audit Disclosure and Data Practices. Any reports, information, data, etc. given to, or prepared or assembled by the Consultant under this Agreement which the Client requests to be kept confidential, shall not be made available to any individual or organization without the Client'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 Client 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 Client 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. Page 3 12. Non-Discrimination. During the performance of this Agreement, the Consultant 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 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. 13. Conflicts. No salaried officer or employee of the Client and no member of the Council, or Commission, or Board of the Client shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the agreement void. 14. Employees. Consultant agrees not to hire any employee or former employee of Client and Client agrees not to hire any employee or former employee of Consultant prior to termination of this Agreement and for one (1) year thereafter, without prior written consent of the former employer in each case. 15. 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. 16. Damages. In the event of a breach of this Agreement neither party shall be entitled to recover punitive, special or consequential damages or damages for loss of business. 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 Client 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. Page 4 CITY OF EDEN PRAIRIE By Its Mayor By Its City Manager Date: NATIONAL RESEARCH CENTER, INC Signature: Print: Date: Title: (State of Colorado) (County of Boulder) Page 5 Exhibit A Scope of Work National Research Center, Inc. (NRC) proposes to administer a five-page mailed survey. Following data collection, the report of results will summarize the attitudes and opinions of residents city-wide, provide select crosstabulations by respondent demographics (e.g., respondent age, gender, length of residency) as well as the geographic location of respondents place of residency. Where possible, the report of results also will provide benchmark comparisons for service ratings to the nation and a custom set of peers, as well as comparisons to previous survey years where applicable. Following is an outline of NRC's proposed. • Update and fmalize the survey to measure resident opinion, using the 2014 Quality of Life Survey as the starting point and to include one open-ended question. • Mail the survey to 2,000 randomly selected Eden Prairie households utilizing NRC's multi- contact approach: prenotification postcard and two waves of the survey. Residents from the random sample will be able to respond online, if preferred. • Manage all aspects of data collection. • Weight the data to more closely match the Eden Prairie 2010 Census population profile. • Produce a report of results including basic frequencies of results, comparisons to previous years, benchmark comparisons, crosstabulations by select respondent demographics and geographic location and key driver analyses (to reveal service importance). The report will include an executive summary and report of results, including data presented in tables and charts, along with detailed survey methodology notes. • Prepare presentation materials and make a presentation of results to the City and prepare and conduct a Next Step Workshop either that same day or the following day to the City. • All residents in the community will be given the opportunity to complete the Quality of Life Survey online. The City will promote the survey URL through its communication channels. NRC will evaluate the quality of the data collected via this opt-in survey to determine if it can be integrated into the scientifically sampled mailed survey. Regardless if the data can be integrated, NRC will provide tables of results for this survey. Cost of Services For the preceding scope of work, the total cost is $32,790, inclusive of printing/postage costs. Project Timeline Begin survey development September 15 Design mailing materials through October 14 Design survey sample through October 14 Complete survey development through October 21 Mail pre-notification postcard November 11 Mail first wave survey November 18 Mail second wave of surveys November 25 Data collection, cleaning and coding of surveys through January 23 Electronic data entry through January 26 Data analysis and report writing through February 15 Draft report sent to Eden Prairie via email for review February 15 Feedback from Eden Prairie on draft report due to NRC February 22 Report finalized by NRC February 27 Final report emailed to Eden Prairie February 27 (approximately one week after feedback) Presentation of results and Next Steps Workshop Mid-March(TBD) Page 6 CITY COUNCIL AGENDA DATE: SECTION: Public Hearings 06/14/16 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development/Planning Prairie View Enclave IX.A. Janet Jeremiah/Beth Novak-Krebs Requested Action Move to: • Close the Public Hearing; and • Approve 1st Reading of the Ordinance for a Zoning District Change from Rural to R1-13.5 Zoning District on 10.71 acres; and • Adopt the Resolution for Preliminary Plat on 10.71 acres into 18 lots, 1 outlot and road right- of-way; and • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. Background Information This project is the subdivision of 10.71 acres into 18 lots and 1 outlot. The preliminary plat shows 18 single-family lots at a gross density of 1.7 units per acre. The lot sizes range from 13,706 square feet to 22,191 square feet. The applicant is proposing a sidewalk along Surrey Street and connecting that sidewalk to the trail along Pioneer Trail. the plat includes the Fraser property(parcel on west side) in order to eliminate the creation of a remnant parcel. The proposal also includes a landscape buffer between Surrey Street and Pioneer Trail. The preliminary plat shows one outlot. Outlot A is a remnant parcel separated from the rest of the property by Pioneer Trail. The developer will retain ownership of the outlot. Based on the information presented at a neighborhood meeting, the residents expressed concerns about traffic and providing a secondary access into the proposed neighborhood from County Road 1 (Pioneer Trail). In addition, city staff has requested the developer to investigate temporary access from County Highway 1 for construction activities to minimize the impact of construction on the existing neighborhood. The 120-Day Review Period Expires on August 19, 2016. Planning Commission Recommendation At their May 23, 2016 meeting, the Planning Commission voted 7-0, with 1 abstention, to recommend approval of the project with the condition that secondary access is provided to County Road 1 if a secondary access is feasible and approved by both the City and the County. At the direction of the Planning Commission, staff has been working with the developer and the County to explore the possibility of including secondary access to County Road 1. The revised plat submitted for Council review and date stamped June 7, 2016 includes a right-in and right-out only secondary access to County Road 1. This access point is located in the southwest portion of the property. This location and configuration with the addition of a right turn lane on County Road 1 has been approved by both the City and Hennepin County. The plat was originally published as a PUD with waivers for over length cul-de-sacs. The plat as presented with the secondary access eliminates the need for waivers and a PUD approval. Therefore; the requested action does not include the PUD approvals. The attached preliminary plat and plan set includes a revised plat, site plan and landscaping plan that reflect the addition of the secondary access to County Road 1. The balance of the plans will require minor modifications as a result of the secondary access. Those changes will be made prior to the second reading before the City Council. The layout and improvements for the secondary access will be required to conform to Hennepin County standards. Attachments 1. Ordinance 2. Resolution Preliminary Plat 3. Staff Report 4. Location Map 5. Zoning Map 6. Aerial photo 7. Unapproved Planning Commission Minutes PRAIRIE VIEW ENCLAVE CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -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 11 AND SECTION 11.99 WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the Rural Zoning District and be placed in the R1-13.5 Zoning District. Section 3. The proposal is hereby adopted and the land shall be, and hereby is removed from the Rural Zoning District and shall be included hereafter in the R1-13.5 Zoning District, and the legal descriptions of land in each District referred to in City Code Section 11.03, Subdivisionl, Subparagraph B, shall be, and are amended accordingly. Section 4. City Code Chapter 1, entitled"General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99, "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 5. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of , 2016, entered into between David Weekley Homes, and the City of Eden Prairie, and which Agreement are hereby made a part hereof. Section 6. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 14th day of June, 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 day of , 2016. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on , 2016. Exhibit A Legal Description PRAIRIE VIEW ENCLAVE Legal Description Prior to Final Plat That part of the Southwest Quarter of the Northwest Quarter of Section 26, Township 116,Range 22, West of the 5th Principal Meridian, described as follows: Commencing at a point on the West line of said Section 26 distant 1765.9 feet South from the Northwest corner thereof;thence continuing South along said West line a distance of 514.04 feet;thence at a right angle East a distance of 561.33 feet; thence at a right angle North a distance of 514.04 feet; thence at a right angle West along a line which if extended passes through the point of beginning a distance of 270 feet;thence at a right angle North 323 feet more or less to the center line of County Road No. 1;thence West along the center line of said County Road No. 1 to the West line of Section 26;thence South along West line of said Section 26 to the point of beginning, except the West 31.5 feet thereof and subject to easement for road over the North 33 feet thereof. And, Outlot A,FRASER CHARLSON ADDITION Hennepin County, Minnesota Abstract Property Legal Description Following Final Plat Lots 1-16,Block 1;Lots 1-2,Block 2; Outlots A,Prairie View Enclave. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2016- RESOLUTION APPROVING THE PRELIMINARY PLAT OF PRAIRIE VIEW ENCLAVE FOR DAVID WEEKLEY HOMES BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Prairie View Enclave for David Weekley Homes stamp dated May 7, 2016, and consisting of 10.71 acres into 18 lots and 1 outlot, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the 14th day of June, 2016. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk TO: Planning Commission FROM: Beth Novak-Krebs DATE: May 18, 2016 SUBJECT: Prairie View Enclave APPLICANT: David Weekley Homes OWNER: Cynthia L. Schoenebauer and Fraser Community Services LOCATION: 12701 Pioneer Trail 120 DAY REVIEW: August 19, 2016 REQUEST: • Zoning District Change from Rural to R1-13.5 on 10.71 acres • Planned Unit Development Concept Review on 10.71 • Planned Unit Development District Review with waivers on 10.71 acres • Preliminary Plat of 10.71 acres into 18 lots, 1 outlot and road right of way COMPREHENSIVE PLAN & ZONING The Comprehensive Guide Plan shows the proposed site guided Low Density Residential allowing a density of up to 2.5 units per acre. The property is zoned Rural. The project proponent is requesting a rezoning to R1-13.5. The surrounding properties are guided for Low Density, Medium Density Residential, Industrial and Airport development. The surrounding properties are zoned R1-13.5 to the east, Rural to the south, A-C Airport Commercial and I-2 Industrial Park to the west, and RM-6.5 to the north. PRELIMINARY PLAT This project proposes the creation of 18 single family lots at a gross density of 1.68 units per acre. The lot sizes range from 13,706 square feet to 22,191 square feet, exceeding the size requirement of the R1-13.5 zoning district. The project also proposes the creation of 1 outlot. The outlot is located north of County Highway 1 (Pioneer Trail) and is a wooded remnant piece of property separated from the rest of the property by the dedication of right-of-way for County Highway 1. The developer is proposing to maintain ownership of the outlot. Any future development of the outlot will likely require some review process. STREETS/TRAFFIC/NEIGHBORHOOD MEETING Access is proposed to be provided by an extension of Surrey Street from Tree Farm Road. The project as proposed does not take access from County Highway 1 (Pioneer Trail). Staff Report—Prairie View Enclave May 23, 2016 Page 2 The proposal includes two cul-de-sac streets. One street is an extension of Surrey Street extending to the west and the other is a street extending to the south off of Surrey Street. Typically, connectivity to adjacent lands is encouraged. However, the Metropolitan Airports Commission (MAC) owns property directly to the south of the subject property and it is guided for Airport Land Use. The airport is planning airport office uses for that property in the future. Rather than providing connectivity to the south and allowing future office traffic to traverse through a residential neighborhood, the plat includes two cul-de-sac streets. Access to the airport property will have to come from Pioneer Trail to allow for separation of office and residential traffic. The proposed pedestrian network in the neighborhood includes a sidewalk along the south side of Surrey Street that will run approximately 550 feet to the west and connects with the trail along the south side of Pioneer Trail. The proposed neighborhood is expected to generate approximately 170 trips in a day and 20 in the peak hour(see attached). By comparison there are 72 existing homes on Woodridge Dr., Tree Farm Rd., and Jedlicki Ct. which are estimated to generate approximately 700 trips in a day and 70 in the peak hour. The subject property is guided low-density residential and the transportation system in and around this property is anticipated to accommodate this additional traffic. Nearby residents have raised concerns about traffic volumes and turning movements at the intersection of County Highway 1 and Woodridge Drive at certain times of the day. City staff will discuss these concerns with Hennepin County. In addition, city staff has requested the developer to investigate temporary access from County Highway 1 for construction activities to minimize the impact of construction on the existing neighborhood. The residents have also expressed concern about the traffic control at the intersection of Surrey Street and Woodridge Drive and the amount of on-street parking on Woodridge Drive near Pioneer Trail. Although these issues were brought to staff's attention as a result of this project, these issues should be discussed through other City processes. The Assistant City Engineer has been discussing these concerns with some of the neighbors and has explained the processes to request a review of these issues. On May 3, 2016, the applicant held a neighborhood meeting with the nearby residents. As a result, concerns related to traffic and a request to explore the possibility of the proposed project providing an additional access from County Highway 1 (Pioneer Trail) have emerged. In response to this request, the applicant, the County, and City staff have been discussing the possibility of a secondary access to County Highway 1 and possible locations for the secondary access point. On May 17, the applicant provided staff with a sketch of a potential solution for the secondary access point onto County Highway 1. Additional time is necessary for staff to review the material submitted, review with the County, and provide meaningful comment for the Planning Commission to consider. Therefore, staff is recommending a continuance of the public hearing for the following request until June 13, 2016 to allow time for further discussion and review of this issue. Staff Report—Prairie View Enclave May 23, 2016 Page 3 PLANNED UNIT DEVEOPMENT WAIVERS (PUD) Both cul-de-sac streets exceed the maximum cul-de-sac length. Therefore, the following waiver is being requested through the PUD approval: 1. Cul-de-sac. City Code requires maximum length of 500 feet a. Surrey Street; 1,103 feet b. Liberty Court; 990 feet The granting of the waivers eliminates the potential for commercial traffic to impact existing and proposed residents. To justify granting of the waiver, the applicant is proposing a sidewalk along Surrey Street and connecting that sidewalk to the trail along Pioneer Trail. In addition, the applicant has included the Fraser property(parcel on west side), which eliminates the creation of a remnant parcel. Lastly, a landscape buffer is being installed between Surrey Street and Pioneer Trail. TREE REPLACEMENT & LANDSCAPING There are 2,177 diameter inches of significant trees on the property. Tree loss is 1154 diameter inches, or 53%. The required tree replacement is 859 caliper inches. The tree replacement plan includes 861 caliper inches. The tree replacement plan meets code requirement. SPECIAL ASSESSMENTS A special assessment agreement is required for the trunk assessments and deferred assessments will be required to be paid. UTILITIES City sewer and water will need to be extended through the site by the developer. For illustrative purposes, the developer has provided a ghost or very conceptual plan showing a potential development pattern for the 1.53 acre property to the north between the subject property and Pioneer Trail. The scenario included three single family lots. Because this property is not subject to this application, any future development of this site will be subject to the public review process. WATER QUALITY The proposed plan provides the required storm water treatment. A wetland study was conducted on the property and there is a determination of no wetlands on the property. This was confirmed in the field by the City. AIRPORT Staff Report—Prairie View Enclave May 23, 2016 Page 4 The subject property is located just east of Flying Cloud Airport. The question of zoning authority in this area is complex. In 2010, a draft Flying Cloud Airport Zoning Ordinance was prepared by a Joint Airport Zoning Board and includes the subject property. However, the zoning ordinance has not yet been adopted so the airport does not have zoning authority over this area. In this situation, State Statute allows the Minnesota DOT Office of Aeronautics to exercise airport zoning in this area; however, MnDOT is not enforcing the State Model Zoning Ordinance for Flying Cloud Airport at this time. Therefore, MnDOT does not have zoning authority either. The City sent plans to MAC for comment and MAC forwarded the plans to the MnDOT Office of Aeronautics for comment. Both organizations reviewed the plans against their respective zoning standards, whether draft or enforced, and provided comments. The MAC and MnDOT letters reference the property being located in Safety Zones A and/or B. These safety zones do not exist until either the draft Flying Cloud Airport Zoning Ordinance is adopted or MnDOT exercises their zoning authority. Assuming the ordinance Flying Cloud Airport Zoning Ordinance is adopted, staff has analyzed the proposed project with the draft ordinance and has determined that it is consistent with the draft ordinance. In addition, the residential buildings will comply with the airport's maximum construction height limitations. STAFF RECOMMENDATION Staff recommends a continuance of the public hearing for the following requests: • Zoning District Change from Rural to R1-13.5 on 10.71 acres • Planned Unit Development Concept Review on 10.71 acres • Planned Unit Development District Review with waivers on 10.71 acres • Preliminary Plat of 10.71 acres into 18 lots, 1 outlot and road right of way Area Location Map - Prairie View Enclave Site Address: 12701 Pioneer Trail, Eden Prairie, MN WP - WV Yorkshire Point 44,0N/ 4,4 A _ ig Grey Widgeon Place e44IF - il. / a rias . Woodridge Drive LP.* 4ST ___j 1_\ ._ -__:_i-- 11111 onom•— 0- Surrey Street l Pioneer Trail MI Lree Farm Road - elif _4 *a \ _ 0 190 380 60 Fe- Guide Plan Map - Prairie View Enclave 12701 Pioneer Trail, Eden Prairie, MN 55347 r . II w-r ‘w ‘w4 ki IM I kr41,4‘, 4 f Yorkshire Point *Tio Grey Widgeon Place 1„ ___A el) ' iih__ __. Woodridge Drive , .1 IIII ,1111111 isimirelfrilik c: =1 :::000.i n Surrey Street] Pioneer Trail al SITE V II ,- II iik Tree Farm Road all 1 II - i,, INF City of Eden Prairie Land Use Guide PIaielap 2000-2030 .dai_ a - - Rural Residential 0.10 Units/Acre Neighborhood Commercial N Low Density Residential 0-2.5 Units/Acre nip Community Commercial Streams 17.7 Low Density/Public/Open Space - Regional Commercial Principal Arterial -A Minor Arterial - Medium Density residential 2.5-10 Units/Acre ®Town Center '•i . $ +;. ,i -B Minor Arterial DATE Approved 03-19-03 DATE Revised 12-06-06 nMedium Density Residential/Office - Park/Open Space —Major Collector DATE Revised 01-07-05 DATE Revised 03-01-07 DATE Revised 11-07-05 DATE Revised 06-01-07 E a E N I High Density Residential 10-40 Units/Acre Public/Quasi-Public DATE Revised 02-23-06 DATE Revised 3-01-0 Minor Collector1 DATE Revised 03-23-06 DATE Revised03-01-08 1-1 AirportGolf Course DATE Revised 06-23-06 DATE Revised 03-01-09 Office - Church/Cemetary PRAIRIE Y// Office/Industrial Open Water EIVE•wORK•QAEAM 2 Office/Public/Open Space Right-Of-Way 390 195 M O ogamm�Me mo1.m_o.„®o�o..o.a, o MBoµ 390 Feet - Industrial CICityLimits Zoning Map - Prairie View Enclave 12701 Pioneer Trail Eden Prairie, MN 55347 v , 11 iii I I 1 1 ,, m4 ,fr 1 1 t • ,. • "41 ill I 4 I I ri rd*11 10 1 et rl I I tilli"'• 1111111,.- 1 I$ -4. - s� Yorkshire Point e- A ii o��� ' Grey Widgeon Place Woodridge Drive --1, - ---1 1 6........,Ata „F. 7, 20 111111111 � I� ,a R,....sii -- — PI TRL PIONEE ONEERRT r,40 „, P\ONE6�TRL ,, ____ 1 Surrey Street `-J o-SUKREIe Pioneer Trail i / SITE o o I. Tree Farm Road ,I ity of Eden Prairie Zoni i i =Rural -Regional Commercial Shoreland Management Classifications N R1-44 One Family-44,000 sf.min. -TC-C I NE I Natural Environment Waters R1-22 One Family-22,000 sf min. -TC-R I RD I Recreational Development Waters R1-13.5 One Family-13,500 sf min. -TC-MU I GD I General Development Waters(Creeks Only) 1 1 ,f. t R1-9.5 One Family-9,500 sf min. _Industrial Park-2 Acre Min, ® 100- Year Floodplain RM-6.5 Multi-Family-6.7 U.P.A.max. ll Industrial Park-5Acre Min. -RM-2.5 Multi-Family-17.4 U.P.A.max. -General Industrial-5 Acre Min. Up dated through approved Ordinances#26-2008 EDE Office AI Public Ordinance#33-2001(BFI Addition)approved,but not shown on this map edition PRAIRIE iIF t Neighborhood Commercial n Golf Course Date:March 1,2009 Community Commercial l I Water In case of discrepancy related to a toning classitmaaon on this zoning map,the Ordinance tIVE•WOBIC•tlfi EI1M and attached legal description on file at Eden Paine Ciry Center will prevail. -Highway Commercial I I Right of Way -Regional Service Commercial 0 0,075 0.15 Milesm°a=op..m..=m._..®..g..o.a.,a ..o...ia..m ,..,,mo, Aerial Map: Prairie View Enclave Address: 12701 Pioneer Trail, Eden Prairie, Minnesota 55347 61 '0 �,° GF 1' Yorkshire Point G, , iii ,o,' . Pm.° Grey Widgeon Place ° x J° 111) ill& Woodridge Drive G G * .. _ unkAm. Ilili Sll° 0. -- p10NEER TRH A • ti -r Surrey Street f ' 817RR Y 8T r r h ' Pioneer Trail 2. 7 O M 4 4 ,, C n • n �` '+ r • 0-` r Ike ." jilitle 41 ►°. Tree Farm Road t I' .,4 w A.ate+ r - . N -6 • , 0 212.5 425 850 F,0Tt \ I I \ UNAPPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY,MAY 23, 2016 7:00 P.M., CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: Jon Stoltz, John Kirk, Travis Wuttke, Ann Higgins, Charles Weber, Andrew Pieper, Ed Farr, Mark Freiberg, Tom Poul CITY STAFF: Beth Novak-Krebs, Senior Planner Rod Rue, City Engineer Matt Bourne, Manager of Parks and Natural Resources Julie Krull, Recording Secretary I. PLEDGE OF ALLEGIANCE—ROLL CALL Vice Chair Pieper called the meeting to order at 7:00 p.m. Stoltz was absent. II. APPROVAL OF AGENDA MOTION: Kirk moved, seconded by Higgins, to approve the agenda. Motion carried 8-0. III. MINUTES A. PLANNING COMMISSION MEETING HELD ON MAY 9, 2016 MOTION: Higgins moved, seconded by Farr, to approve the Planning Commission Minutes. Motion carried 8-0. IV. INFORMATIONAL MEETINGS V. PUBLIC MEETINGS VI. PUBLIC HEARINGS A. PRAIRIE VIEW ENCLAVE Location: 12701 Pioneer Trail Request for: • Planned Unit Development Concept Review on 10.71 acres • Planned Unit Development District Review with waivers on 10.71 acres • Zoning District Change from Rural to R1-13.5 on 10.71 acres • Preliminary Plat of 18 lots and 1 outlot on 10.71 acres PLANNING COMMISSION MINUTES May 23, 2016 Page 2 Ian Peterson, representing the owner,presented the proposal. He stated they would like to develop 18 single family units on approximately 10 acres. Mr. Peterson said there were a few concerns raised from the May 3rd neighborhood meeting. The concerns were related to traffic and it was requested to look into the possibility of having additional access from County Highway 1 (Pioneer Trail). Because of this request, they have been working with Hennepin County and City Staff to discuss the possibility of full access or right in/right out onto County Highway 1.. There was also a concern regarding storm water. There is an existing easement on site and they will have a catch basin on site tied to the sewer system; they will have to remove a portion of the fence and a tree. Mr. Peterson said he reviewed the staff report and they are in agreement with everything except the continuance. Farr asked the project proponent is he could show the alternative accesses. Mr. Peterson utilized the overhead projector to show the extension to Surrey Street, the right in/right out option off of County Highway 1 and stated if the MAC proposal would go through this would change to full access on the MAC property with a connection to this project. Poul asked if there were other impacts to development if this was continued. Mr. Peterson said yes, it would be a delay in construction because there is only one council meeting in June. Vice Chair Pieper asked Novak-Krebs to review the staff report. Novak-Krebs said this is an 18 lot single family subdivision with 2 cul-de-sacs that provide access. Both cul-de-sacs are longer than what is allowed by the City so that is why the proponent is asking for a waiver. On May 17, the proponent gave City Staff a potential solution for the secondary access point onto County Highway 1. Staff would like additional time to review this with the County. Staff is recommending a continuance of the public hearing until June 13, 2016 to allow time for further discussion and review of this issue. Kirk asked if this secondary access would be permanent or temporary. Rue said it would be temporary until things would change with the MAC property. Farr commented this proposal was submitted in February but not completed until the end of April, and asked if that was applicant or City error. Novak-Krebs said there were a number of issues that delayed this proposal. One issue was the field verification of the wetland delineation, which could not be looked at until the spring when the snow melted. Traffic issues with the secondary access also delayed this. Farr asked if there were changes to the design. Mr. Peterson said there were no changes to the design. He said they had to wait until April 23rd so the wetlands could be verified. They have continued to work with the storm water issues. Tonight they would like to be granted approval with the access out of County Highway 1 to keep the project moving. Farr asked Staff what choices of actions the Commission has this evening. Novak- Krebs said it can be moved forward in regards to the secondary access but City PLANNING COMMISSION MINUTES May 23, 2016 Page 3 Staff would like a little more time to work with the County and the other option is that is can be continued. If it is continued, the public hearing can be opened tonight and left open until the next meeting, which is on June 13th. Vice Chair Pieper opened the meeting up for public input. John Fedora, residing at 9820 Tree Farm Road, said traffic in this area is a huge issue and commented if we can do a right turn in and right turn out that would help and it should be a permanent solution. In regards to safety zones by the airport, the topic of the distance of 1,000 from the radar has never been discussed. Also, traffic should be the main concern with this project and is should be continued so this gets addressed. Vice Chair Pieper asked staff to address the issue of the safety zones and distance from the radar. Novak-Krebs said this plan was sent to MAC for review and comment and they did not say anything about it. She stated she can specifically ask them about this situation. Clark Wicklund, civil engineer working on this project, said they made an application with the FAA, who in turn, will provide review and commentary in regards to this project. Padina Bandanpalie, of 9692 Tree Farm Road, stated she has concerns about the storm water issue because they will be digging 20 to 25 feet by her house. They will be digging up her property and she would like them to replace the sprinkler and fence and any other damage they do. Mr. Peterson showed the location of the the sewer connection and where they would be digging. It would impact the fence and lilac bushes in the area. He said the disturbance will be minimal and they will be replacing a portion of the fence, sod and the irrigation system. Kelly Artz, of 9636 Ridgewood Drive, said he had a question about the traffic counter that was placed in the area and asked what the results were. Rue said a counter was set up and there were 172 weekday trips anticipated with the 18 lots. Existing traffic was looked at and with 72 units traffic was counted for two days with a total county of 804. This was slightly over what was anticipated, which was around 700. With the additional units, it would be 172 more a day. Kevin Johnson, of 9672 Ridgewood Drive, said he is concerned about traffic and safety and pointed out there is a neighborhood to the east that uses the same access road to avoid the light. He commented, having the additional traffic coming in is a lot. The right hand turn coming into the development should be a minimum, but a full access would be best. Kirk asked in regards to the MAC intersection, can anything happen until that is developed? Rue confirmed nothing can happen until MAC would like to develop on the property. Kirk said what would be acceptable to the neighbors is the right in and right out and confirmed the City needs more time to develop. Rue confirmed PLANNING COMMISSION MINUTES May 23, 2016 Page 4 that the City has more work to do on this project and needs more time in order to present it to the County. Mr. Peterson stated that is not completely accurate. They have been in contact with the County in regards to the right in and right out. In regards to access points, Homeward Hills has full access and there are many additional access points out there. Mr. Peterson pointed out that the County said the right in right/out option would be best located furthest to the west. He also stated it seemed unfair that the picture that is painted is there is a lot of work still left to do and pointed out they were discussing the issues just this morning and the County was agreeable to the access issue. Vice Chair Pieper asked if the Commission puts a condition on the right in and right out, would that impact anything. Rue said it would not impact anything but the City would like more time to discuss the access issues. Farr asked the project proponent to show the entire neighborhood on site, including the four access points already there and asked if they were on the margin and if a fifth access point is required. Rue said when this project came in months ago; it was discussed to have a secondary access point. After the neighborhood meeting, the project proponent was asked to address this. Farr stated he did not want the applicant to be charged with solving traffic issues in the area. Mr. Peterson said when they started the project and up until the neighborhood meeting, everyone knew traffic would be an issue. He stated they are where they are today from the direction giving by the City since August 3rd of 2015. They have been working on it and are here tonight seeking approval. The reason they are in a PUD situation is because of an over length cul-de-sac. They were forced into a PUD because Staff said there would be no access point to Pioneer Trail. Kirk commented it had been a good public hearing and the Commission needs to put a balance between staff, developers and neighbors. What he is hearing from the neighbors is that they would like a secondary access off of County Highway 1. The question for the Commission is to continue the project or move it on to City Council. He point out this is only an advisory decision to Council. Freiberg asked how long it would be for the County to get back to the City and project proponent in regards to the secondary access. Rue said they have a meeting every Tuesday but will need more detail to approve the connection. Vice Chair Pieper asked Freiberg where he was in regards to approving this project. Freiberg said he acknowledges the need for a continuance but would like to see what can be moved on gets moved on to City Council. Farr commented he does not want to see the secondary access be forced. Wuttke stated he cannot see the rational for the right in/right out access with all of the other access points so close to each other and does not think it is reasonable. PLANNING COMMISSION MINUTES May 23, 2016 Page 5 Higgins stated she is satisfied with the conversation tonight and does not want to hold up the project but said she wanted the City Council to be aware there may be an issue with the right in/right out access. Kirk also agreed to move the project forward and let the City Council know there may be discussions in regards to the secondary access. Poul said he is in favor of moving forward but is not in favor of the secondary access. Novak-Krebs said if the Commission decides to move this project forward to the City Council, they have conditions for the City Council. Novak-Krebs distributed a sheet to the Commission listing all of the conditions. Kirk commented it would have been advantageous to have these conditions prior to the meeting. MOTION: Farr moved, seconded by Freiberg, to close the public hearing. Motion carried 8-0. MOTION: Farr moved, seconded by Poul, to recommend approval of the Zoning District Change from Rural to R1-13.5 on 10.71 acres; Planned Unit Development Concept Review on 10.71 acres; Planned Unit Development District Review with waivers on 10.71 acres; and Preliminary Plat of 10.71 acres into 18 lots, 1 outlot and road right of way,based on plans stamped dated April 29th, 2016 and a recommendation to the City Council that a secondary vehicular access from the development to Pioneer Trail be provided if feasible and approved by City Staff and Hennepin County; as well as the 5 conditions itemized in the City Staff's written report distributed to the Planning Commission. Motion carried 7-0-1 abstention. VII. PLANNERS' REPORT VIII. MEMBERS' REPORT IX. CONTINUING BUSINESS X. NEW BUSINESS XI. ADJOURNMENT MOTION: Kirk moved, seconded by Wuttke, to adjourn the Planning Commission meeting. Motion carried 8-0. Vice Chair Pieper adjourned the meeting at 8:33p.m. CITY COUNCIL AGENDA DATE: SECTION: Public Hearings June 17, 2016 DEPARTMENT: ITEM DESCRIPTION: ITEM NO.: Resolution Approving the Issuance by the City of City Manager, Rick Getschow Greenwood, Minnesota of Charter School Lease IX.B. Revenue Bonds, Series 2016A AND Series 2016B (Main Street School of Performing Arts Project) Requested Action Move to: • Close the Public Hearing; and • Adopt Resolution approving the issuance by the City of Greenwood, Minnesota of Charter School Lease Revenue Bonds, Series 2016A AND Series 2016B (Main Street School of Performing Arts Project) Synopsis The Main Street School of Performing Arts has plans to finance the acquisition, construction, reconstruction, improvement, betterment or extension of an approximately 77,548 square foot charter school facility (the "Facilities") located at 7255 Flying Cloud Drive. The City of Greenwood will issue the bonds and the City of Eden Prairie is the host City. Because the funds used to construct the improvements are the result of a tax-exempt financing, Minnesota Statutes requires the "host community" of the facility to hold a public hearing to approve the projects. Staff recommends the Council grant the necessary approval for this item. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2016- _ RESOLUTION APPROVING THE ISSUANCE BY THE CITY OF GREENWOOD, MINNESOTA OF ITS CHARTER SCHOOL LEASE REVENUE BONDS, SERIES 2016A AND SERIES 2016B (MAIN STREET SCHOOL OF PERFORMING ARTS PROJECT) BE IT RESOLVED by the City Council (the "Council") of the City of Eden Prairie, Minnesota(the"City"), as follows: Section 1. Recital. This Council has received notice that the City of Greenwood, Minnesota(the"Issuer") intends to issue revenue bonds for the purpose of financing the acquisition, construction, reconstruction, improvement,betterment or extension of an approximately 77,548 square foot charter school facility(the "Facilities") located at 7255 Flying Cloud Drive in the City of Eden Prairie, Minnesota on behalf of Main Street School of Performing Arts ABC, a Minnesota nonprofit corporation (the"Corporation"), and leased to and operated by Main Street School of Performing Arts (the "Academy"), a public charter school sponsored by the University of St. Thomas. Section 2. Findings. At a public hearing, duly noticed and held on the date hereof, in accordance with Section 147(f) of the Internal Revenue Code of 1986, on the proposal to approve the financing of the Project, all parties who appeared at the hearing were given an opportunity to express their views with respect to the proposal to refinance the Project and interested persons were given the opportunity to submit written comments to the City Clerk before the time of the hearing. Based on the public hearing, such written comments (if any) and such other facts and circumstances, as this Council deems relevant, this Council hereby finds, determines and declares as follows: (a) The Issuer intends to issue revenue bonds on behalf of the Corporation for a public education facility. Based on the representations of the Corporation and the Academy, the Project will consist of the issuance of the City of Greenwood, Minnesota Charter School Lease Revenue Bonds (Main Street School of Performing Arts Project), Series 2016A(the "Series 2016A Bonds") and its Taxable Charter School Lease Revenue Bonds (Main Street School of Performing Arts Project) Series 2016B (the "Series 2016B Bonds, and collectively with the Series 2016A Bonds, the "Bonds") for the purpose of (i) financing the acquisition, construction, reconstruction, improvement, betterment or extension of the Facilities; (ii) funding a debt service reserve fund; (iii)paying a portion of the interest on the Bonds; and(iv)paying a portion of the costs of issuing the Bonds. (b) The maximum aggregate face amount of the Bonds is $10,500,000. (c) The Project is owned by the Corporation and leased to and operated by the Academy. Section 3. Approval. The City hereby approves the issuance of the Bonds by the City of Greenwood, Minnesota to finance the Project. ADOPTED by the Eden Prairie City Council on this 14th day of June, 2016. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk 2 CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims June 14, 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 246575 - 246952 Wire Transfers 1014050 - 1014232 Wire Transfers 5775 5793 Purchasing Card 5787 City of Eden Prairie Council Check Summary 6/14/2016 Division Amount Division Amount 24,617 100 City Manager 1,690 304 Senior Board 355 101 Legislative 12,641 308 E-911 249 102 Legal Counsel 52,329 309 DWI Forfeiture 17,981 110 City Clerk 1,556 315 Economic Development 2,220 111 Customer Service 3,479 445 Cable PEG 170 112 Human Resources 272 502 Park Development 1,045 113 Communications 486 509 CIP Fund 560,681 114 Benefits&Training 5,362 512 CIP Trails 1,750 130 Assessing 3,226 522 Improvement Projects 2006 34,004 131 Finance 1,851 527 CIP-Leasing Costs 276,500 132 Housing and Community Services 130 528 Shady Oak Rd-CR 61 North 62,381 133 Planning 4,679 529 Shady Oak Rd-CR 61 South 239,528 136 Public Safety Communications 3,950 530 Pool Upgrade/Expansion 563 137 Economic Development 792 531 Eden Prairie Road 1,529 151 Park Maintenance 44,153 536 General LRT 24,700 153 Organized Athletics 794 804 100 Year History 352 154 Community Center 19,858 Total Capital Projects 1,224,007 156 Youth Programs 11,934 157 Special Events 64 601 Prairie Village Liquor 152,331 158 Senior Center 3,329 602 Den Road Liquor 242,482 159 Recreation Administration 397 603 Prairie View Liquor 173,417 160 Therapeutic Recreation 443 605 Den Road Building 862 162 Arts 3,184 701 Water Fund 152,104 163 Outdoor Center 245 702 Sewer Fund 645,899 164 Park Rental Facilities 320 703 Storm Drainage Fund 8,092 168 Arts Center 257 Total Enterprise Fund 1,375,188 180 Police 33,820 184 Fire 38,035 803 Escrow Fund 23,839 186 Inspections 373 807 Benefits Fund 1,141,937 200 Engineering 4,636 809 Investment Fund 1,118 201 Street Maintenance 62,659 812 Fleet Internal Service 81,018 202 Street Lighting 2,771 813 IT Internal Service 87,565 Total General Fund 344,329 814 Facilities Capital ISF 73,348 815 Facilites Operating ISF 36,770 301 CDBG 34,282 816 Facilites City Center ISF 178,950 312 Recycle Rebate 423 817 Facilites Comm.Center ISF 52,616 Total Special Revenue Fund 34,705 Total Internal Svc/Agency Funds 1,677,160 434 2008A Capital Equipment Notes 349,915 Report Total 5,067,020 435 2008B G.O.Improvement Bonds 26,793 437 G.O.Perm.Improv.2010A 14,805 438 G.O.Bonds(SCBA)2011B 1,275 440 GO Penn Impr Ref Bonds 2011D 18,319 442 2012B G.O.Refund Capital Imp 525 Total Debt Service Fund 411,631 Council Check Register by GL June 14,2016 Check# Amount Supplier/Explanation Account Description Business Unit Comments 246792 623,891 METROPOLITAN COUNCIL ENVIRONMENTAL SERVI MCES User Fee Sewer Utility-General Wastewater Fee May/Jun 5793 447,394 WELLS FARGO BANK MINNESOTA NA Principal Sewer Capital Bond payments 1014153 290,981 MOTOROLA Equipment Repair&Maint Capital Maint.&Reinvestment Fire Radio/parts/chargers 246939 276,500 SUPERVALU Other Contracted Services CIP-Leasing Costs Tenant improvement allowance 246894 253,906 HEALTHPARTNERS Accounts Receivable Health and Benefits June Premiums 5790 247,274 ULTIMATE SOFTWARE GROUP,THE Federal Taxes Withheld Health and Benefits Payroll Taxes 5781 238,167 ULTIMATE SOFTWARE GROUP,THE Federal Taxes Withheld Health and Benefits Payroll Taxes 246600 178,330 C S MCCROSSAN CONSTRUCTION INC Improvement Contracts Shady Oak Rd-CR 61 South TH 212&Shady Oak Rd 5788 157,401 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA 5779 156,202 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA 246822 122,374 SOUTH METRO PUBLIC SAFETY TRAINING FACIL Other Contracted Services Public Safety Training Facilit Training Facililty 1014217 96,755 MOTOROLA Other Assets Public Safety Communications 1014162 95,405 SRF CONSULTING GROUP INC Design&Engineering Shady Oak Rd-CR 61 South 246923 70,000 PLAYPOWER LT FARMINGTON INC Building Materials Capital Maint.&Reinvestment 1014224 67,329 ST CROIX RECREATION FUN PLAYGRAOUNDS INC Building Materials Capital Maint.&Reinvestment 1014213 61,399 MAX STEININGER INC Improvement Contracts Shady Oak Rd-CR 61 North 1014147 57,618 GREGERSON ROSOW JOHNSON&NILAN LTD Legal Legal Criminal Prosecution 246640 50,925 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store 5787 45,910 US BANK Conference/Training Storm Drainage 246781 45,879 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store 246599 42,296 BREAKTHRU BEVERAGE MINNESOTA WINE&SPIR Liquor Product Received Prairie Village Liquor Store 246793 38,488 MIDSTATES EQUIPMENT&SUPPLY Crack Filling Street Maintenance 1014069 36,840 WSB&ASSOCIATES INC Design&Engineering Capital Maint.&Reinvestment 1014150 35,649 LOGIS Network Support Assessing 246905 35,647 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store 1014160 32,274 SHI CORP Software Maintenance IT Operating 246823 30,639 SOUTHERN WINE&SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store 246705 27,686 WELSH COMPANIES Contract Svcs-Gen.Bldg Public Works/Parks 1014141 27,342 DIVERSE BUILDING MAINTENANCE Tenant 1-Janitor Service Prairie View Liquor Store 246671 27,066 NELSON AUTO CENTER,INC Autos Police 1014103 26,777 XCEL ENERGY Electric City Hall-CAM 246904 25,298 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store 1014139 24,898 CENTERPOINT ENERGY SERVICES INC Gas Water Treatment Plant 246687 24,751 SOUTHERN WINE&SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store 246840 24,700 WEITZMAN STUDIOS INC Design&Engineering General LRT 5783 21,364 EMPOWER Deferred Compensation Health and Benefits 5792 21,160 EMPOWER Deferred Compensation Health and Benefits 246932 20,339 SOUTHERN WINE&SPIRITS OF MN Liquor Product Received Den Road Liquor Store 1014077 19,865 CLAUDE'S CERAMIC TILE INC Other Contracted Services Fitness/Conference-Cmty Ctr 246676 19,562 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store 246726 18,819 BREAKTHRU BEVERAGE MINNESOTA BEER LLC Liquor Product Received Prairie Village Liquor Store 246748 18,275 EDINA REALTY Refunds CDBG-Public Service 246811 18,072 PRAIRIE PARTNERS SIX LLP Waste Disposal Prairie Village Liquor Store 246711 17,960 JP MORGAN CHASE BANK N A Miscellaneous DWI Forfeiture 246672 17,212 NORTHLAND RECREATION LLC Landscape Materials/Supp Capital Maint.&Reinvestment 1014165 16,877 THORPE DISTRIBUTING Liquor Product Received Prairie Village Liquor Store 246867 16,628 BREAKTHRU BEVERAGE MINNESOTA BEER LLC Liquor Product Received Den Road Liquor Store 246621 16,000 EMERGENCY COMMUNICATIONS NETWORK INC Dues&Subscriptions Emergency Preparedness 246801 15,835 NAC Contract Svcs-HVAC Facilities Capital Check# Amount Supplier/Explanation Account Description Business Unit Comments 5782 15,805 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits 5791 15,540 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits 246816 15,429 REHBEIN'S AGRICULTURAL SERVICES Lime Residual Removal Water Treatment Plant 246639 15,391 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store 246780 15,087 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Den Road Liquor Store 246789 14,553 MANSFIELD OIL COMPANY Reimbursement Fleet Operating 246813 14,030 PRAIRIEVIEW RETAIL LLC Building Rental Prairie View Liquor Store 1014226 12,965 THORPE DISTRIBUTING Liquor Product Received Prairie View Liquor Store 246891 12,394 GRAYMONT Treatment Chemicals Water Treatment Plant 246648 12,030 LANDMARK REMODELING LLC Other Contracted Services Rehab 246670 11,996 NAC Contract Svcs-Plumbing Ice Arena Maintenance 246750 11,916 EMERGENCY AUTOMOTIVE TECHNOLOGY INC Autos Police 246598 11,770 BREAKTHRU BEVERAGE MINNESOTA BEER LLC Liquor Product Received Prairie Village Liquor Store 1014078 11,600 DAKOTA SUPPLY GROUP INC Repair&Maint.Supplies Water Metering 246922 11,318 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store 246933 10,793 SOUTHWEST SUBURBAN CABLE COMMISSION Deposits Escrow 246808 10,741 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store 1014205 9,788 ENVIRONMENTAL PROCESS INC Other Contracted Services Facilities Capital 1014095 9,309 STREICHERS Clothing&Uniforms Police 246868 9,108 BREAKTHRU BEVERAGE MINNESOTA WINE&SPIR Liquor Product Received Den Road Liquor Store 1014096 9,064 THORPE DISTRIBUTING Liquor Product Received Prairie Village Liquor Store 5785 8,860 SELECT ACCOUNT HSA-Employer Health and Benefits 246628 8,250 GRAYMONT Treatment Chemicals Water Treatment Plant 246688 8,105 SOUTHWEST SUBURBAN CABLE COMMISSION Dues&Subscriptions City Council 246727 8,089 BREAKTHRU BEVERAGE MINNESOTA WINE&SPIR Liquor Product Received Prairie Village Liquor Store 1014229 7,558 WALL TRENDS INC Contract Svcs-General Bldg Fitness/Conference-Cmty Ctr 1014202 7,233 CDW GOVERNMENT INC. Hardware-Rpr&Mtc IT Operating 1014215 6,741 METRO SALES INCORPORATED* Equipment Rentals Customer Service 246819 6,377 SITEONE LANDSCAPE SUPPLY,LLC Repair&Maint.Supplies Park Maintenance 246807 5,660 PAUSTIS&SONS COMPANY Liquor Product Received Prairie Village Liquor Store 246929 5,166 SOCCER SHOTS Instructor Service Lesson Skills Development 246948 5,140 UNITED TRUCK BODY CO.INC Autos Park and Recreation 246703 5,094 VERIZON WIRELESS Other Contracted Services IT Operating 246767 4,669 HEALTHPARTNERS Health&Fitness Fire 1014170 4,500 WALL TRENDS INC Other Contracted Services City Center Operations 5777 4,483 SAGE PAYMENT SOLUTIONS Bank and Service Charges Sewer Utility-General 1014223 4,478 ST CROIX ENVIRONMENTAL INC OCS-Well Field Mgmt Water Wells 1014210 4,409 HAWKINS INC Treatment Chemicals Water Treatment Plant 246618 4,129 EARL F ANDERSEN INC Signs Traffic Signs 246762 4,117 GRAYMONT Treatment Chemicals Water Treatment Plant 246666 4,069 MINTAHOE INC Miscellaneous City Council 246635 4,013 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store 1014102 3,976 WM MUELLER AND SONS INC Gravel Water System Maintenance 246788 3,900 LUTHY SANDBLASTING&PAINTING INC Equipment Repair&Maint Fleet Operating 246945 3,869 TRUE FABRICATIONS Liquor Product Received Den Road Liquor Store 246706 3,851 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store 246740 3,747 COMMERCIAL ASPHALT CO Repair&Maint.Supplies Water System Maintenance 246895 3,742 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store 246938 3,715 SUPERIOR STRIPING INC Contract Svcs-Asphalt/Concr. City Hall-CAM 1014085 3,678 LITTLE FALLS MACHINE INC Equipment Repair&Maint Fleet Operating 1014093 3,660 REINDERS INC Chemicals Park Maintenance 1014128 3,594 VAN PAPER COMPANY Cleaning Supplies Fitness/Conference-Cmty Ctr 246870 3,580 CENTERPOINT ENERGY Other Contracted Services Rehab Check# Amount Supplier/Explanation Account Description Business Unit Comments 1014076 3,559 CENTERPOINT ENERGY Gas Miller Park 246926 3,548 SHORT ELLIOTT HENDRICKSON INC Design&Engineering Improvement Projects 2006 246717 3,487 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store 1014159 3,470 RIVERS EDGE CONCRETE Asphalt Overlay Street Maintenance 246851 3,467 ACOUSTICS ASSOCIATES INC Building Repair&Maint. Utility Operations-General 246917 3,461 NORTHSTAR MUDJACKING&MORE LLC Mudjacking Curbs Drainage 1014129 3,338 VINOCOPIA Liquor Product Received Prairie Village Liquor Store 246604 3,325 CLIFTONLARSONALLEN LLP Audit&Financial Finance 1014221 3,315 RIVERS EDGE CONCRETE Repair&Maint.Supplies Street Maintenance 1014212 3,303 ITRON INC. Maintenance Contracts Water Metering 246636 3,243 IMPACT PROVEN SOLUTIONS Other Contracted Services Water Accounting 1014133 3,199 ADVANCED ENGINEERING&ENVIRONMENTAL SE Design&Engineering Sewer Liftstation 246803 3,161 NORTON HOMES Reimbursement-legal notices Escrow 246633 3,150 HENNEPIN COUNTY MEDICAL CENTER Tuition Reimbursement/School Police 1014211 3,080 INTERSTATE POWER SYSTEMS INC Equipment Repair&Maint Water Wells 246952 3,055 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store 246912 3,037 MIDWEST COCA COLA BOTTLING COMPANY Liquor Product Received Concessions 246664 3,020 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Riley Lake 1014231 2,986 WINE COMPANY,THE Liquor Product Received Den Road Liquor Store 246853 2,953 ALADTEC INC Other Contracted Services Fire 1014136 2,929 ASPEN WASTE SYSTEMS INC. Waste Disposal Utility Operations-General 246730 2,883 BRYAN ROCK PRODUCTS INC Gravel Water System Maintenance 246772 2,820 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store 1014183 2,805 GREENSIDE INC Contract Svcs-Lawn Maint. City Hall-CAM 246765 2,757 HAY DOBBS Other Contracted Services Planning 246802 2,709 NORTHSTAR MUDJACKING&MORE LLC Mudjacking Curbs Capital Maint.&Reinvestment 246584 2,655 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store 246921 2,650 PAUSTIS&SONS COMPANY Liquor Product Received Den Road Liquor Store 246877 2,649 CONSTRUCTION MATERIALS INC Operating Supplies Street Maintenance 1014197 2,645 A-SCAPE INC Contract Svcs-Lawn Maint. Fire Station#4 246653 2,603 M R SIGN Signs Traffic Signs 246778 2,599 INTERTECH INC Contract Development IT Operating 1014173 2,582 XCEL ENERGY Electric City Hall-CAM 246910 2,557 LEGACY GYMNASTICS Instructor Service Lesson Skills Development 246888 2,538 FLEET MAINTENANCE INC Equipment Repair&Maint Fleet Operating 246764 2,495 HAWK ANALYTICS INC Other Contracted Services Police 246615 2,490 DPC INDUSTRIES INC Treatment Chemicals Water Treatment Plant 246834 2,482 TYLER TECHNOLOGIES INC Software Maintenance IT Operating 246859 2,475 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store 246812 2,440 PRAIRIE RESTORATIONS INC Other Contracted Services Park Maintenance 246857 2,428 ANCHOR INDUSTRIES Operating Supplies Riley Lake 1014079 2,420 FASTSIGNS Operating Supplies Ice Operations 1014195 2,379 VAN PAPER COMPANY Cleaning Supplies Fitness/Conference-Cmty Ctr 246828 2,357 SUPERIOR STRIPING INC Contract Svcs-Asphalt/Concrt Fitness/Conference-Cmty Ctr 1014073 2,354 BIFFS INC Waste Disposal Park Maintenance 1014145 2,304 GENUINE PARTS COMPANY Repair&Maint-Ice Rink Fleet Operating 1014067 2,293 VAN PAPER COMPANY Supplies-General Building Fitness/Conference-Cmty Ctr 246842 2,272 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store 1014156 2,261 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical City Center Operations 246766 2,261 HD SUPPLY WATERWORKS LTD Repair&Maint.Supplies Water System Maintenance 246641 2,200 JOHNSON CONTROLS Licenses&Taxes Facilities Staff 1014206 2,192 ESS BROTHERS&SONS INC Repair&Maint.Supplies Sewer System Maintenance 1014140 2,191 DAKOTA SUPPLY GROUP INC Merchandise for Resale Water Metering Check# Amount Supplier/Explanation Account Description Business Unit Comments 1014082 2,184 IDENTISYS Equipment Repair&Maint Public Safety Communications 246593 2,140 BERNICK'S WINE Liquor Product Received Prairie Village Liquor Store 1014171 2,100 WINE COMPANY,THE Liquor Product Received Prairie Village Liquor Store 246916 2,090 NORTHLAND RECREATION LLC Landscape Materials/Supp Park Maintenance 246790 2,063 MARK J TRAUT WELLS INC Repair&Maint.Supplies Water Wells 1014189 2,014 ROTO-ROOTER Contract Svcs-Plumbing Fire Station#4 1014232 1,939 XCEL ENERGY Electric Traffic Signals 246900 1,895 INTERNATIONAL UNION OF OPERATING Union Dues Withheld Health and Benefits 246757 1,889 GENERAL CORROSION CORPORAITON Design&Engineering Engineering 246674 1,884 PAUSTIS&SONS COMPANY Liquor Product Received Prairie Village Liquor Store 1014192 1,853 STRONER,ELIZABETH Tuition Reimbursement/School Organizational Services 246632 1,819 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Board of Prisoner Police 246681 1,812 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Prairie Village Liquor Store 246865 1,807 BLUE TARP FINANCIAL INC Operating Supplies Park Maintenance 246723 1,793 BLUESTEM HERITAGE GROUP Other Contracted Services Heritage Preservation 1014068 1,771 VINOCOPIA Liquor Product Received Prairie Village Liquor Store 1014148 1,763 HORIZON COMMERCIAL POOL SUPPLY Supplies-Pool Pool Maintenance 1014164 1,732 STREICHERS Clothing&Uniforms Reserves 246749 1,720 EHLERS&ASSOCIATES INC Other Contracted Services TIF-COLUMBINE ROAD HOUSING 246645 1,678 KJOLHAUG ENVIRONMENTAL SERVICES Other Contracted Services Capital Maint.&Reinvestment 5784 1,603 SELECT ACCOUNT Other Contracted Services Health and Benefits 1014130 1,599 WENCK ASSOCIATES INC Other Contracted Services Storm Drainage 1014101 1,597 WINE COMPANY,THE Liquor Product Received Prairie View Liquor Store 246889 1,562 GLOBAL EQUIPMENT COMPANY Operating Supplies Elections 1014158 1,555 REINDERS INC Operating Supplies Park Maintenance 1014198 1,550 ASPEN EQUIPMENT CO. Autos Utility Operations-General 246882 1,549 EARL F ANDERSEN INC Signs Park Maintenance 1014196 1,545 VINOCOPIA Liquor Product Received Den Road Liquor Store 246915 1,518 NORTH STAR PUMP SERVICE Repair&Maint.Supplies Water Treatment Plant 1014092 1,515 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical Pool Maintenance 246689 1,449 SPARTAN STAFFING LLC Other Contracted Services Park Maintenance 246585 1,435 ARVIG Fiber Lease Payments IT Operating 1014108 1,410 BOUNDLESS NETWORK Operating Supplies Pool Operations 246729 1,399 BROTHERS FIRE PROTECTION Supplies-Fire/Life/Safety City Center Operations 246950 1,387 VINE LINE DISTRIBUTION LLC Liquor Product Received Den Road Liquor Store 1014074 1,386 BOYER TRUCKS Equipment Repair&Maint Fleet Operating 246820 1,337 SMALL LOT MN Liquor Product Received Prairie Village Liquor Store 1014120 1,334 LYNDALE PLANT SERVICES Contract Svcs-Int.Landscape City Hall-CAM 246760 1,327 GOPHER STATE ONE-CALL OCS-Leak Detection Utility Operations-General 246776 1,320 ICMA Dues&Subscriptions Administration 246825 1,304 SPARTAN STAFFING LLC Other Contracted Services Park Maintenance 246931 1,295 SOUTH METRO PUBLIC SAFETY TRAINING FACIL Tuition Reimbursement/School Police 246935 1,279 STAPLES ADVANTAGE Office Supplies Police 1014143 1,275 ETHANOL PRODUCTS LLC Treatment Chemicals Water Treatment Plant 246753 1,270 EXTRACTOR CORPORATION Supplies-Pool Pool Maintenance 246805 1,260 OVERLINE&SON INC Equipment Repair&Maint Storm Drainage 246837 1,252 W L HALL CO Contract Svcs-Gen.Bldg City Center Operations 246629 1,193 GS DIRECT Operating Supplies Engineering 246864 1,181 BERNICK'S WINE Liquor Product Received Den Road Liquor Store 246704 1,178 VOICE&DATA NETWORKS INC Hardware-Rpr&Mtc IT Operating 246934 1,159 SPARTAN STAFFING LLC Other Contracted Services Park Maintenance 246768 1,158 HENNEPIN COUNTY UT DEPT Software Maintenance Public Safety Communications 1014137 1,139 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store Check# Amount Supplier/Explanation Account Description Business Unit Comments 246773 1,120 HOPKINS SCHOOL DISTRICT ISD270 Fiber Lease Payments IT Operating 246701 1,118 US BANK Interest Investment Fund 246827 1,045 STAY KAL Reimbursement-legal notices Escrow 246708 981 XTREME INTEGRATION Hardware-Cabling IT Operating 246722 977 BERNICK'S WINE Liquor Product Received Prairie Village Liquor Store 1014058 975 MINNESOTA NATIVE LANDSCAPES Other Contracted Services Storm Drainage 246759 973 GLEWWE DOORS INC Building Materials Flying Cloud Fields 246622 969 EPHS Facility Rentals Ice Operations 1014174 968 ZARNOTH BRUSH WORKS INC. Equipment Repair&Maint Park Maintenance 246815 963 PROFESSIONAL FOOD SERVICE Special Event Fees Senior Center Programs 246850 950 ACCELERATED TECHNOLOGIES LLC Operating Supplies Ice Operations 246791 936 MEDICINE LAKE TOURS Special Event Fees Trips 246610 903 CUMMINS NORTH CENTRAL INC Equipment Parts Fleet Operating 246941 900 T-MOBILE USA Other Contracted Services Police 1014218 899 NUCO2 INC Supplies-Pool Pool Maintenance 1014181 895 FASTENAL COMPANY Operating Supplies Fleet Operating 246657 891 MIDWEST COCA COLA BOTTLING COMPANY Liquor Product Received Concessions 1014199 887 ASPEN WASTE SYSTEMS INC. Waste Disposal Utility Operations-General 246783 880 KEEPRS INC. Clothing&Uniforms Fire 246575 879 3D SPECIALTIES Operating Supplies Capital Outlay Parks 1014099 874 WALL TRENDS INC Contract Svcs-Gen.Bldg City Center Operations 1014214 865 MENARDS Repair&Maint.Supplies City Center Operations 246890 858 GRAPE BEGINNINGS Liquor Product Received Den Road Liquor Store 246775 850 ICE CASTLES LLC Deposits Escrow 246596 839 BOLTON&MENK INC Design&Engineering Storm Drainage 246685 837 SITEONE LANDSCAPE SUPPLY,LLC Repair&Maint.Supplies Park Maintenance 246839 828 WATER CONSERVATION SERVICES INC OCS-Utility Locates Water System Maintenance 1014052 828 BRAUN INTERTEC CORPORATION Building CmtyCtr Pool Upgrade/Expansion 1014230 817 WATSON CO INC,THE Merchandise for Resale Concessions 246886 805 FIRE SAFETY USA INC Protective Clothing Fire 1014131 803 YOUNGSTEDTS COLLISION CENTER Autos Police 246597 795 BOURGET IMPORTS Liquor Product Received Prairie Village Liquor Store 1014144 790 FRONTIER PRECISION INC Equipment Repair&Maint IT Operating 1014066 767 SVOBODA,ANTHONY Tuition Reimbursement/School Organizational Services 246846 763 180 COLLISION INC Equipment Repair&Maint Capital Outlay Parks 246908 759 LAKE COUNTRY DOOR LLC Contract Svcs-General Bldg Public Works/Parks 246911 756 MALECHA KAYLA Instructor Service Special Events&Trips 246655 738 MALECHA KAYLA Instructor Service Lesson Skills Development 1014203 736 DREWS CONCESSIONS LLC Merchandise for Resale Concessions 246678 733 PLASTIC BAG MART Liquor Product Received Prairie Village Liquor Store 246724 733 BOLTON&MENK INC Reimbursement Escrow 246609 731 COSTCO Operating Supplies-Station sup Organizational Services 246893 722 HD SUPPLY WATERWORKS LTD Repair&Maint.Supplies Water System Maintenance 246716 720 AMERIPRIDE LINEN&APPAREL SERVICES Operating Supplies-Linens Prairie Village Liquor Store 1014135 711 A-SCAPE INC Contract Svcs-Lawn Maint Fire Station#5 1014097 683 TWIN CITY SEED CO Repair&Maint.Supplies Storm Drainage 246581 670 ALPINE DIVERSIFIED SERVICES INC Contract Svcs-Garden Romm Garden Room Repairs 246714 650 ALISCO MUSIC LLC Other Contracted Services Arts in the Park 246777 650 INDEED BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 246817 647 RETROFIT COMPANIES,INC,THE Supplies-Electrical Fire Station#2 246756 646 FLYING CLOUD T/S#U70 Waste Disposal Park Maintenance 246679 644 POPE DOUGLAS SOLID WASTE MANAGEMENT Other Contracted Services Police 1014106 641 BERRY COFFEE COMPANY Merchandise for Resale Concessions Check# Amount Supplier/Explanation Account Description Business Unit Comments 246627 630 GRAPE BEGINNINGS Liquor Product Received Prairie Village Liquor Store 246814 625 PRECISION FINISHING Operating Supplies Traffic Signs 246761 623 GRAPE BEGINNINGS Liquor Product Received Den Road Liquor Store 246686 606 SMALL LOT MN Liquor Product Received Prairie Village Liquor Store 1014055 601 CHEMSEARCH Contract Svcs-HVAC City Hall-CAM 1014088 597 METRO SALES INCORPORATED* Equipment Rentals IT Operating 1014060 594 PARK SUPPLY OF AMERICA INC Supplies-Plumbing Historical Buildings 1014080 593 GRAINGER Supplies-General Bldg Water Metering 246940 588 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions 246896 582 I\O SOLUTIONS INC Employment Support Test Organizational Services 246878 574 CRETEX SPECIALTY PRODUCTS Repair&Maint.Supplies Sewer System Maintenance 246944 560 TRI STATE BOBCAT INC. Building Aquatics&Fitness Expansion 246920 556 ORGANIX SOLUTIONS Cleaning Supplies City Center Operations 246649 544 LANO EQUIPMENT INC Equipment Parts Fleet Operating 246881 542 E A SWEEN COMPANY Merchandise for Resale Concessions 1014089 540 MINNESOTA ATHLETIC APPAREL Clothing&Uniforms Fire 246872 539 CINTAS CORPORATION #470 Cleaning Supplies Utility Operations-General 246720 525 BARTON SAND&GRAVEL CO Waste Blacktop/Concrete Street Maintenance 246841 525 WELLS FARGO BANK MINNESOTA NA Paying Agent 2012B GO Refund Capital Improv 246654 524 MACQUEEN EQUIPMENT INC Equipment Parts Fleet Operating 1014155 514 NUCO2 INC Supplies-Pool Pool Maintenance 1014100 512 WATSON CO INC,THE Merchandise for Resale Concessions 246608 500 COMPAS Other Contracted Services Arts in the Park 246667 500 MONROE,MICHAEL Other Contracted Services Arts in the Park 246892 500 GREGORY'S PAINTING SERVICES LLC Other Contracted Services TIF-EDEN SHORES SENIOR HOUSING 246586 498 ASPEN MILLS Protective Clothing Fire 1014191 498 STONEBROOKE Autos Police 246751 498 ENKI BREWING COMPANY INC Liquor Product Received Prairie Village Liquor Store 246866 496 BOURGET IMPORTS Liquor Product Received Den Road Liquor Store 246694 488 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions 1014051 487 BERRY COFFEE COMPANY Merchandise for Resale Concessions 1014163 486 STAR TRIBUNE MEDIA COMPANY LLC Dues&Subscriptions Communications 1014107 485 BERTELSON TOTAL OFFICE SOLUTIONS Office Supplies Utility Operations-General 246602 482 CENTURYLINK Other Broadband Internet IT Telephone 246769 478 HENNEPIN COUNTY MEDICAL CENTER EMS Supplies Police 1014200 478 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store 246873 473 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store 1014134 471 AMERITRAK Other Contracted Services Snow&Ice Control 246691 465 STAPLES ADVANTAGE Office Supplies Customer Service 1014087 459 MENARDS Building Repair&Maint. Park Maintenance 246644 454 KENDELL DOORS&HARDWARE INC Supplies-Security City Hall-CAM 246624 451 FIRE SAFETY USA INC Small Tools Fire 5778 450 SELECT ACCOUNT HRA Health and Benefits 246582 450 AMAZING ATHLETES OF SOUTHWEST METRO Instructor Service Preschool Events 246682 450 RICHARD ALAN PRODUCTIONS LLC Other Contracted Services Arts in the Park 246623 444 FELLING TRAILERS Equipment Repair&Maint Fleet Operating 1014216 444 MINNESOTA ROADWAYS CO Patching Asphalt Street Maintenance 1014168 440 US HEALTH WORKS MEDICAL GRP MN,PC Employment Support Test Organizational Services 246637 437 INDEED BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store 246725 437 BOURGET IMPORTS Liquor Product Received Prairie Village Liquor Store 246732 435 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie Village Liquor Store 1014225 429 STERICYCLE INC Supplies-Fire/Life/Safety Fitness/Conference-Cmty Ctr 246845 422 PETTY CASH-POLICE DEPT Operating Supplies Police Check# Amount Supplier/Explanation Account Description Business Unit Comments 246752 417 EXECUTIVE OFFICE CONCEPTS,LTD Computer-Accessories IT Operating 246836 410 VETERAN SHREDDING Special Event Fees Senior Center Programs 246835 407 VAISALA Other Contracted Services Snow&Ice Control 246899 405 INTERNATIONAL ECONOMOC DEVELOPMENT COUNC Dues&Subscriptions Economic Development 1014127 404 SHAMROCK GROUP,INC-ACE ICE Liquor Product Received Prairie Village Liquor Store 246830 404 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions 246707 400 WONDERWEAVERS Other Contracted Services Arts in the Park 246715 400 ALLIANT ENGINEERING INC Reimbursement Escrow 246829 396 SWIM POSSIBLE Other Contracted Services New Adaptive 246643 393 KELLY GREEN IRRIGATION Landscape Materials/Supp Street Maintenance 246617 389 E A SWEEN COMPANY Merchandise for Resale Concessions 246731 389 CAPREF EDEN PRAIRIE LLC Refunds Housing and Community Service 246826 375 STAPLES ADVANTAGE Office Supplies Customer Service 246871 372 CENTURYLINK Telephone IT Telephone 1014157 369 PREMIUM WATERS INC Operating Supplies-Water Fire 1014208 362 GRAINGER Repair&Maint.Supplies Water Treatment Plant 1014071 361 ASPEN WASTE SYSTEMS INC. Other Rentals Arts 1014227 361 UPS Deposits Historical Culture 246742 360 DALE GREEN COMPANY,THE Landscape Materials/Supp Street Maintenance 1014185 358 PARK SUPPLY OF AMERICA INC Supplies-Plumbing City Center Operations 1014121 354 METROPOLITAN FORD Equipment Parts Fleet Operating 246782 352 JOHNSTONE SUPPLY Supplies-Electrical Utility Operations-General 1014056 350 CLAREY'S SAFETY EQUIPMENT Equipment Repair&Maint Emergency Preparedness 246800 350 MOST DEPENDABLE FOUNTAINS Repair&Maint.Supplies Park Maintenance 246906 350 KAISER,DAVID S Operating Supplies Concessions 1014118 345 GREATAMERICA FINANCIAL SVCS Postage Customer Service 246797 345 MINNESOTA POLLUTION CONTROL AGENCY Licenses,Permits,Taxes Water Wells 1014126 332 ROTO-ROOTER Equipment Repair&Maint Utility Operations-General 1014190 331 SHAMROCK GROUP,INC-ACE ICE Liquor Product Received Den Road Liquor Store 246614 330 DODGE OF BURNSVILLE Equipment Repair&Maint Fleet Operating 246747 329 EDEN PRAIRIE SCHOOL Printing Recreation Admin 246630 320 HD SUPPLY WATERWORKS LTD Repair&Maint.Supplies Water Metering 246690 320 SPIRIT APPAREL AND STUFF Clothing&Uniforms Park Facilities 246818 320 ROOT 0 MATIC Equipment Repair&Maint Sewer System Maintenance 1014152 319 METRO SALES INCORPORATED* Equipment Rentals IT Operating 1014149 316 LEROY JOB TRUCKING INC Other Contracted Services Animal Control 246863 316 BAUHAUS BREW LABS,LLC Liquor Product Received Prairie Village Liquor Store 1014098 306 US HEALTH WORKS MEDICAL GRP MN,PC Employment Support Test Organizational Services 1014176 301 XCEL ENERGY Electric Traffic Signals 5775 300 SELECT ACCOUNT HRA Health and Benefits 5776 300 SELECT ACCOUNT HRA Health and Benefits 246844 300 STEARNS COUNTY SHERIFF'S DEPARTMENT Deposits Escrow 246611 300 DEALER AUTOMOTIVE SERVICES INC Autos Utility Operations-General 5789 293 ULTIMATE SOFTWARE GROUP,THE Garnishment Withheld Health and Benefits 1014075 291 CDW GOVERNMENT INC. Computers Utility Operations-General 1014064 290 STONEBROOKE Autos Police 1014204 288 EDEN PRAIRIE FIREFIGHTER'S RELIEF ASSOC Union Dues Withheld Health and Benefits 246605 280 COMCAST Other Broadband Internet IT Operating 1014113 274 COX,KIM Travel Expense Fire 246746 272 E A SWEEN COMPANY Merchandise for Resale Concessions 1014146 269 GINA MARIAS INC Operating Supplies Police 246925 269 PROP-DO NOT USE United Way Withheld Health and Benefits 1014228 268 US HEALTH WORKS MEDICAL GRP MN,PC Employment Support Test Organizational Services Check# Amount Supplier/Explanation Account Description Business Unit Comments 246601 264 CARLOS CREEK WINERY Liquor Product Received Den Road Liquor Store 5780 264 ULTIMATE SOFTWARE GROUP,THE Garnishment Withheld Health and Benefits 246745 256 DOMACE VINO Liquor Product Received Prairie Village Liquor Store 246591 240 BCA/CRIMINAL JUSTICE TRAINING&EDUCATIO Tuition Reimbursement/School Police 246876 238 COMMUNITY HEALTH CHARITIES OF MINNESOTA United Way Withheld Health and Benefits 246642 238 KEEPRS INC. Clothing&Uniforms Fire 246583 237 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Prairie Village Liquor Store 246856 237 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Prairie Village Liquor Store 1014059 234 MY CABLE MART Hardware-Rpr&Mtc IT Operating 246665 229 MINNESOTA WANNER COMPANY Operating Supplies Park Maintenance 1014201 226 BIFFS INC Waste Disposal Park Maintenance 246914 225 MONROE,MICHAEL Other Contracted Services Arts in the Park 246754 222 FIRE SAFETY USA INC Small Tools Fire 246927 222 SITEONE LANDSCAPE SUPPLY,LLC Building Aquatics&Fitness Expansion 1014086 219 LOFFLER COMPANIES INC Hardware-Rpr&Mtc IT Operating 246736 219 COMCAST Cable TV Fire 246668 217 MOST DEPENDABLE FOUNTAINS Repair&Maint.Supplies Park Maintenance 1014072 217 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store 246913 216 MN DEPT OF TRANSPORTATION Testing-Soil Boring Shady Oak Rd-CR 61 South 246741 215 CUB FOODS EDEN PRAIRIE Operating Supplies Reserves 1014167 214 ULINE Office Supplies Police 246578 214 ABLE HOSE&RUBBER INC Equipment Repair&Maint Water Metering 246898 212 INDEED BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store 1014193 208 THOMPSON JONATHAN Travel Expense Assessing 246879 204 DEPARTMENT OF HUMAN SERVICES Other Contracted Services Park Maintenance 246663 200 MINNESOTA LANDSCAPE ARBORETUM Conference/Training Storm Drainage 246697 200 T-MOBILE USA Other Contracted Services Police 246700 200 UNIVERSAL ATHLETIC SERVICES INC Awards Volleyball 1014070 200 ZIEBOL,MATTHEW Conference/Training Human Resources 246924 199 PRINT SOURCE MINNESOTA Printing City Council 246595 198 BLOOMINGTON SECURITY SOLUTIONS Building Repair&Maint. Park Maintenance 246861 195 BATTLE LAKE SENIOR CARD PROJECT Supply-Greeting Cards Senior Board 1014166 194 TOWMASTER INC Equipment Parts Fleet Operating 1014220 191 PRAIRIE ELECTRIC COMPANY Equipment Repair&Maint Water Treatment Plant 246862 190 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating 246928 189 SMALL LOT MN Liquor Product Received Den Road Liquor Store 246613 189 DIRECTV Cable TV Community Center Admin 246942 186 TRAFFIC CONTROL CORPORATION Equipment Repair&Maint Traffic Signals 246619 185 EDEN PRAIRIE CHAMBER OF COMMERCE Miscellaneous Economic Development 246804 184 OLSEN'S EMBROIDERY/COMPANY Clothing&Uniforms Storm Drainage 246625 181 G&K SERVICES-MPLS INDUSTRIAL Operating Supplies Park Maintenance 246576 180 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 246698 180 TRI STATE BOBCAT INC. Landscape Materials/Supp Flying Cloud Fields 1014219 180 OENO'S DISTRIBUTION Liquor Product Received Den Road Liquor Store 246809 172 PLASTIC BAG MART Liquor Product Received Den Road Liquor Store 5786 172 OPTUM HEALTH Other Contracted Services Health and Benefits 1014154 171 NEW FRANCE WINE COMPANY Liquor Product Received Den Road Liquor Store 1014188 168 R&R SPECIALTIES OF WISCONSIN INC Repair&Maint-Ice Rink Ice Arena Maintenance 246709 163 Z WINES USA LLC Liquor Product Received Prairie Village Liquor Store 246589 162 AVI SYSTEMS INC Equipment Parts Cable PEG 1014062 162 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 1014187 162 QUALITY PROPANE Motor Fuels Fleet Operating 1014114 162 DANHAUSER,LINDSEY Operating Supplies Arts in the Park Check# Amount Supplier/Explanation Account Description Business Unit Comments 246662 160 MINNESOTA FIRE SERVICE CERTIFICATION BOA Dues&Sub-Cert&Licensing Fire 246848 160 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 246739 155 COMCAST Equipment Repair&Maint Public Safety Communications 246734 154 COMCAST Cable TV Fire 246887 151 FIRST STATE TIRE RECYCLING Waste Disposal Fleet Operating 246810 150 PRAHA DISTRIBUTING Liquor Product Received Prairie Village Liquor Store 1014169 150 USA SECURITY Maintenance Contracts Water Treatment Plant 246590 144 BAUHAUS BREW LABS,LLC Liquor Product Received Prairie Village Liquor Store 246786 141 LANCE BARBARA AR Utility Water Enterprise Fund 246577 140 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 1014132 137 A TO Z RENTAL CENTER Operating Supplies Fire 246770 131 HENNEPIN COUNTY RESIDENT&REAL ESTATE Other Contracted Services Engineering 1014090 131 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 246947 130 UNIFORMS UNLIMITED Operating Supplies Police 246631 129 HD WATERWORKS SUPPLY Repair&Maint.Supplies Water System Maintenance 1014053 128 BUCHANAN,KURT Operating Supplies Fire 1014117 128 FICCADENTI,JENNY Travel Expense Police 1014122 128 MITTELSTADT,SCOTT Travel Expense Police 246594 125 BETZ GERARD Refunds Environmental Education 246833 122 TURFWERKS Equipment Parts Fleet Operating 246579 122 AFFILIATED EMERGENCY VETERINARY SERV Other Contracted Services Animal Control 246852 122 AFFILIATED EMERGENCY VETERINARY SERV Other Contracted Services Animal Control 246909 120 LAVAN FLOOR COVERING Contract Svcs-Gen.Bldg City Center Operations 1014138 119 CAREER TRACK Conference/Training Community Center Admin 246784 118 KOCOUREK,JOAN Clothing&Uniforms Police 246758 117 GENERAL OFFICE PRODUCTS COMPANY Supplies-General Bldg Fire Station#1 246779 115 IVANOV PAVEL Deferred Revenue Housing Inspections 1014172 113 WM MUELLER AND SONS INC Patching Asphalt Street Maintenance 246798 112 MINNESOTA TROPHIES&GIFTS Operating Supplies Police 246832 110 TRANSUNION RISK&ALTERNATIVE DATA Other Contracted Services Police 1014177 110 ADAMS PEST CONTROL INC Contract Svcs-Pest Control Public Works/Parks 1014222 110 SPRINT Computers IT Operating 246785 107 LACROIX,MICHAEL Operating Supplies Senior Center Programs 246675 104 PETSMART Canine Supplies Police 1014180 104 BERTELSON TOTAL OFFICE SOLUTIONS Office Supplies Utility Operations-General 1014184 102 MPX GROUP,THE Printing Police 246650 100 LEACH,JOHN Refunds Environmental Education 246652 100 LUX JEAN Refunds Environmental Education 246683 100 RIVARD ROBERT Refunds Environmental Education 246692 100 STRITESKY WADE Refunds Environmental Education 246699 100 TRINTER,ANN Refunds Environmental Education 246794 100 MINNESOTA 100 CLUB Dues&Subscriptions Fire 246855 100 ALLEN RICHARD Refunds Environmental Education 246918 100 NOVAK STUMP REMOVAL Other Contracted Services Park Maintenance 1014124 100 PRINTERS SERVICE INC Contract Svcs-Ice Rink Ice Arena Maintenance 246806 100 OXYGEN SERVICE COMPANY EMS Supplies-Oxygen Supplies Fire 246821 98 SNAP-ON TOOLS Small Tools Fleet Operating 246702 96 VAYNSHENK SAMUEL Deferred Revenue Housing Inspections 246943 95 TRANS ALARM INC Development Fire Permits General Fund 1014061 94 PROSOURCE SUPPLY Supplies-General Bldg Fitness/Conference-Cmty Ctr 1014179 94 BERRY COFFEE COMPANY Merchandise for Resale Concessions 1014091 93 OENO'S DISTRIBUTION Liquor Product Received Prairie Village Liquor Store 246592 93 BEITHON JOHN AR Utility Water Enterprise Fund Check# Amount Supplier/Explanation Account Description Business Unit Comments 1014119 92 LINDAHL,DAVID Mileage&Parking Economic Development 246907 91 KEEPRS INC. Clothing&Uniforms Fire 1014207 91 FEDEX Postage Human Resources 1014111 90 CARLSTON,BRANDON Training Supplies Police 246659 90 MINNESOTA BD OF PEACE OFFICER STANDARDS Dues&Subscriptions Police 246849 90 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 246824 86 SOUTHWEST NEWS MEDIA Legal Notices Publishing City Clerk 246735 84 COMCAST Cable TV Fire 246737 84 COMCAST Cable TV Fire 1014123 83 PARKER,WARD Operating Supplies Police 246588 83 AT&T MOBILITY Pager&Cell Phone Water System Maintenance 1014151 82 MENARDS Operating Supplies Street Maintenance 1014054 80 CAMPBELL,CHRISTINA Operating Supplies Arts Center 1014125 80 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 246796 80 MINNESOTA FIRE SERVICE CERTIFICATION BOA Dues&Sub-Cert&Licensing Fire 1014186 79 PERRY NICHOLAS L Mileage&Parking Park Maintenance 1014065 78 STRONER,ELIZABETH Operating Supplies Police 246838 78 WANG RUIYUN Deposits-P&R Refunds Community Center Admin 246949 78 UNITED WAY United Way Withheld Health and Benefits 246869 77 CARVER COUNTY LICENSE CENTER Licenses&Taxes Police 1014109 77 BROWN,TRAVIS Travel Expense Police 1014115 77 EICHMAN,NATHAN Travel Expense Police 246612 75 DEKONING ANDREW Refunds Environmental Education 246684 72 SHIELY,KIM Refunds Environmental Education 1014083 72 KIDCREATE STUDIO Instructor Service Arts Center 1014112 68 CHOUINARD STACY Mileage&Parking Recreation Admin 1014194 68 TITAN ENERGY SYSTEMS Contract Svcs-Fire/Life/Safe Fire Station#4 1014081 67 HORIZON COMMERCIAL POOL SUPPLY Supplies-Pool Pool Maintenance 246774 65 HORIZON CPO SEMINARS Conference/Training Facilities Staff 246847 64 440400-NCPERS MINNESOTA PERA Health and Benefits 246634 63 HENNEPIN COUNTY TREASURER Operating Supplies-Escrow Planning 1014104 62 ZIEGLER INC Equipment Parts Fleet Operating 1014142 62 DMX MUSIC Other Contracted Services Prairie Village Liquor Store 246930 62 Solem Nancy A Deposits-P&R Refunds Community Center Admin 246712 60 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 246902 59 JCB PRODUCTS Operating Supplies Fitness Classes 1014110 59 CAMPBELL,CHRISTINA Operating Supplies Arts Center 1014063 58 STAR EQUIPMENT INC Equipment Repair&Maint Fleet Operating 246763 58 GUDURI SRINIVASA Inspection Fee Housing Inspections 246744 53 DIRECTV Other Contracted Services Police 246733 53 COMCAST Other Broadband Internet IT Operating 246771 51 HENNEPIN COUNTY TREASURER Operating Supplies-Escrow Planning 246696 51 TASER INTERNATIONAL Operating Supplies Police 246620 50 ELLEM ILYA Refunds Environmental Education 246693 50 SUPPOGU PREM Refunds Environmental Education 246884 50 ELLERN ILYA Refunds Environmental Education 246937 50 STEIDL PATRICK Refunds Environmental Education 1014105 47 BATTERIES PLUS Supplies-HVAC Fire Station#1 246738 46 COMCAST Cable TV Fire 246713 45 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 246854 45 ALATOMA CHRISTINE Refunds Environmental Education 246883 44 EDEN PRAIRIE FOUNDATION United Way Withheld Health and Benefits 246787 44 LANO EQUIPMENT INC Equipment Parts Fleet Operating Check# Amount Supplier/Explanation Account Description Business Unit Comments 246626 42 GERTENS Landscape Materials/Supp Riley Lake 246728 40 BROOKS THOMAS Deposits-P&R Refunds Community Center Admin 246743 40 DIEDRICH,PATRICK Deposits-P&R Refunds Community Center Admin 246885 40 FELKER,BARBARA Deposits-P&R Refunds Community Center Admin 246951 40 WICHTEMAN'S LTD INC Equipment Repair&Maint Fire 246880 40 DODGE OF BURNSVILLE Equipment Parts Fleet Operating 246580 40 ALATOMA CHRISTINE Refunds Environmental Education 246673 39 OLSEN CHAIN&CABLE Repair&Maint.Supplies Sewer System Maintenance 246903 38 JERON PROPERTIES Inspection Fee Housing Inspections 246658 38 MINNEAPOLIS FINANCE DEPARTMENT Software Maintenance IT Operating 1014175 37 ZIEGLER INC Equipment Parts Fleet Operating 246651 37 LOATS,KATHY Refunds Environmental Education 246919 37 OLSEN CHAIN&CABLE Equipment Parts Street Maintenance 246587 35 ASSOCIATION OF RECYCLING MANAGERS Conference/Training Recycle Rebate 246656 35 MCFOA Dues&Subscriptions Administration 246897 35 IEDITWEB INC Contract Svcs-Garden Romm Garden Room Repairs 246946 33 TURFWERKS Equipment Parts Fleet Operating 246646 30 KNUDTSON,STEVE Conference/Training Softball 246901 30 IVERSON,MARGARET Deposits-P&R Refunds Community Center Admin 246603 28 CLEAN N PRESS MTKA Clothing&Uniforms Police 246875 27 COMCAST Other Contracted Services Police 246638 26 JERRY'S ENTERPRISES INC Repair&Maint.Supplies Water System Maintenance 246718 25 AUTOMATIC SYSTEMS CO. Deposits Escrow 1014057 25 FASTENAL COMPANY Repair&Maint.Supplies Storm Drainage 1014182 24 GEHRING CRYSTAL Mileage&Parking Park Maintenance 246660 23 MINNESOTA DEPT OF HEALTH Licenses&Taxes Water Treatment Plant 246661 23 MINNESOTA DEPT OF HEALTH Licenses&Taxes Water System Maintenance 246669 23 'VIP CA Licenses&Taxes Sewer Utility-General 246795 23 MINNESOTA DEPT OF HEALTH Licenses&Taxes Water System Maintenance 246860 22 AT&T MOBILITY Pager&Cell Phone Park Maintenance 1014178 22 BATTERIES PLUS Equipment Parts Emergency Preparedness 246936 21 STATE OF MINNESOTA Miscellaneous DWI Forfeiture 1014050 20 AMERICAN SOLUTIONS FOR BUSINESS Clothing&Uniforms Community Center Admin 246719 20 BAKER MOLLY Deposits-P&R Refunds Community Center Admin 246721 20 BENNETT SUSAN Deposits-P&R Refunds Community Center Admin 1014094 19 SPS COMPANIES Supplies-Plumbing Facilities Staff 1014161 17 SPS COMPANIES Supplies-Plumbing Fitness/Conference-Cmty Ctr 246710 15 BERGMAN JENNIFER Deposits Escrow 1014084 15 LANDS END CORPORATE SALES Clothing&Uniforms Police 246606 14 COMCAST Cable TV Fire 246874 13 COMCAST Cable TV Fire 1014116 12 FASTENAL COMPANY Repair&Maint.Supplies Storm Drainage 246755 11 FISERV INC Bank and Service Charges Water Accounting 246680 10 PRAIRIE LAWN AND GARDEN Repair&Maint.Supplies Utility Operations-General 246799 10 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Riley Creek Woods 246695 9 SZARZYNSKI KYLE Mileage&Parking Special Events(CC) 1014209 7 GRANICUS INC Equipment Repair&Maint Cable PEG 246831 7 TORZA ALEXA AR Utility Water Enterprise Fund 246616 3 DYNAMIC RECYCLING INC Miscellaneous IT Operating 246607 2 COMCAST Other Contracted Services Police 5,067,020 Grand Total Purchasing Card Payment Report 6/14/2016 Amount Explanation Vendor Account Description Business Unit 236 US-municipals-4 employees MUNICIPALS Conference/Training Utility Operations-General 17 US-round lake ERIK'S BIKE SHOP Operating Supplies Round Lake 13 US-playgrounds-RL/Staring HOME DEPOT CREDIT SERVICES Operating Supplies Staring Lake 43 US-irrigation/playgrounds MENARDS Operating Supplies Park Maintenance 55 US-soccer MENARDS Operating Supplies Park Maintenance 13 US-towels MENARDS Operating Supplies Park Maintenance 24 US-mowing PLASTICS INTERNATIONAL Operating Supplies Park Maintenance 180 US-candy shack LOWE'S Building Repair&Maint. Flying Cloud Fields 5 US-glue MENARDS Operating Supplies Park Maintenance 807 US-trees for rice marsh park GERTENS Landscape Materials/Supp Park Maintenance 12 US-clean truck MENARDS Repair&Maint. Supplies Sewer System Maintenance 167 US-liquor store facebook ad FACEBOOK Advertising Prairie Village Liquor Store 167 US-liquor store facebook ad FACEBOOK Advertising Den Road Liquor Store 167 US-liquor store facebook ad FACEBOOK Advertising Prairie View Liquor Store 133 US-liquor store facebook ad FACEBOOK Advertising Prairie Village Liquor Store 133 US-liquor store facebook ad FACEBOOK Advertising Den Road Liquor Store 133 US-liquor store facebook ad FACEBOOK Advertising Prairie View Liquor Store 29 US-zoo cable for siren AMAZON.COM Equipment Parts Fleet Operating 40 US-parts STROBES N'MORE Equipment Parts Fleet Operating 408 US-computer mount NPI/RAM MOUNTS Equipment Parts Utility Operations-General 17 US-carburetor AMAZON.COM Equipment Parts Fleet Operating 620 US-FDIC conf FDIC Conference/Training Emergency Preparedness 10 US-taxi for trng TAXI Conference/Training Emergency Preparedness 832 US-hotel for trng EMBASSY SUITES Conference/Training Emergency Preparedness -5 US-rec trac testing EDEN PRAIRIE COMMUNITY CENTER Deposits Escrow -1 US-rec trac testing EDEN PRAIRIE COMMUNITY CENTER Deposits Escrow 5 US-rec trac testing EDEN PRAIRIE COMMUNITY CENTER Deposits Escrow 1 US-rec trac testing EDEN PRAIRIE COMMUNITY CENTER Deposits Escrow 52 US-volunteer recognition TARGET Special Event Fees Senior Center Programs 16 US-Sr Awareness WALMART COMMUNITY Operating Supplies Senior Board 60 US-step stool-bus AMAZON.COM Miscellaneous Senior Board 24 US-Sr Awareness PARTY CITY Operating Supplies Senior Board 18 US-bus equip bag AMAZON.COM Miscellaneous Senior Board 42 US-paper cutter AMAZON.COM Operating Supplies Senior Board 157 US-coffee COFFEE WHOLESALE Operating Supplies Senior Center Programs 28 US-supplies TARGET Operating Supplies Senior Center Admin 95 US-pruning tools HOME DEPOT CREDIT SERVICES Small Tools Park Maintenance 64 US-door knob bags PLASTIC BAG MART Repair&Maint. Supplies Water System Maintenance 64 US-tank sprayer MENARDS Repair&Maint. Supplies Water Treatment Plant 10 US-zumba kick off PARTY CITY Operating Supplies Fitness Classes 36 US-staff training SUBWAY Training Supplies Community Center Admin 28 US-staff training KOWALSKI'S MARKET Training Supplies Community Center Admin 497 US-april license SCW FITNESS Licenses,Permits,Taxes,Fees Fitness Classes 100 US-1/12 license fee WATER IN MOTION Licenses,Permits,Taxes,Fees Fitness Classes 174 US-digital scale AMAZON.COM Capital Under$25,000 Fitness Center 337 US-yoga mat holders AMAZON.COM Capital Under$25,000 Fitness Classes 497 US-may license SCW FITNESS Licenses,Permits,Taxes,Fees Fitness Classes Amount Explanation Vendor Account Description Business Unit 11 US-sliding door latch MENARDS Small Tools Street Maintenance 370 US-concrete trailer toolbox NORTHERN TOOL&EQUIPMENT Small Tools Street Maintenance 28 US-irrigation HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Flying Cloud Fields -68 US-round lake splash DAKOTA SUPPLY GROUP INC Repair&Maint.Supplies Round Lake -13 US-irrigation HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Flying Cloud Fields 216 US-basin window repair GLASS DOCTOR Building Repair&Maint. Utility Operations-General 216 US-basin window repair GLASS DOCTOR Building Repair&Maint. Utility Operations-General 44 US-garbage bags-cleanup event MENARDS Operating Supplies Park Maintenance 3 US-parking-arbor day event U OF M PARKING Mileage&Parking Park Maintenance 82 US-recruit interviews MILIO'S SANDWICHES Operating Supplies Fire 87 US-Kim Cox CC-flowers-J Anders BACHMANS CREDIT DEPT Deposits Escrow 25 US-baggage fee DELTA AIR Travel Expense Fire 25 US-baggage fee DELTA AIR Travel Expense Fire 119 US-Kim Cox CC-flowers-R Uting BACHMANS CREDIT DEPT Deposits Escrow 10 US-J Demann CC-to be refunded EDEN PRAIRIE SCHOOL Deposits Escrow 37 US-battery tender MILLS FLEET FARM Equipment Parts Fleet Operating 80 US-parts-track NORTHERN TOOL&EQUIPMENT Equipment Parts Fleet Operating 69 US-parts MENARDS Equipment Parts Fleet Operating 12 US-art center open house OFFICE DEPOT CREDIT PLAN Operating Supplies Arts Center 34 US-clocks for art ctr classroo OFFICE DEPOT CREDIT PLAN Operating Supplies Arts Center 71 US-operating supplies-café HOCKENBERGS Operating Supplies Concessions 84 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 10 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 50 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 16 US-operating supplies-café HOME DEPOT CREDIT SERVICES Operating Supplies Concessions 72 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 70 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 110 US-operating supplies-café HOCKENBERGS Operating Supplies Concessions 86 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 63 US-operating-parks/crl OFFICE DEPOT CREDIT PLAN Operating Supplies Concessions 12 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 83 US-café food CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 8 US-operating supplies-café CONTAINER STORE Operating Supplies Concessions 58 US-food CUB FOODS EDEN PRAIRIE Training Supplies Utility Operations-General 16 US-bakery goods KOWALSKI'S MARKET Training Supplies Utility Operations-General 19 US-bakery goods CUB FOODS EDEN PRAIRIE Training Supplies Utility Operations-General 22 US-WILS conf WOMEN IN LEISURE SERVICES Conference/Training Pool Operations 22 US-WILS conf WOMEN IN LEISURE SERVICES Conference/Training Community Center Admin 30 US-conf MINNESOTA RECREATION&PARK AS Conference/Training Community Center Admin 30 US-conf MINNESOTA RECREATION&PARK AS Conference/Training Aquatics Admin. 54 US-staff training treats MILIO'S SANDWICHES Operating Supplies Pool Operations 125 US-first aid kit/rescue tube MARINE RESCUE PRODUCTS INC Operating Supplies Pool Operations 44 US-misc supplies AMAZON.COM Operating Supplies Pool Operations 23 US-travel expense BP OIL Travel Expense Aquatics Admin. 302 US-travel expense DOUBLETREE HOTEL Travel Expense Aquatics Admin. 101 US-misc supplies COLORADO TIME SYSTEMS Operating Supplies Pool Operations 26 US-misc supplies AMAZON.COM Operating Supplies Pool Operations 29 US-misc supplies AMAZON.COM Operating Supplies Pool Operations 90 US-misc supplies AMAZON.COM Operating Supplies Pool Operations 44 US-misc supplies AMAZON.COM Operating Supplies Pool Operations Amount Explanation Vendor Account Description Business Unit 122 US-certificate BOARD OF AELSLAGID Licenses,Permits,Taxes,Fees Engineering 3 US-parking STANDARD PARKING Operating Supplies Fire 8 US-parking STANDARD PARKING Operating Supplies Fire 7 US-parking STANDARD PARKING Operating Supplies Fire 18 US-G Esbensen-CC personal use A&W Deposits Escrow 3 US-auger box HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance 180 US-paint for candy shack LOWE'S Building Repair&Maint. Flying Cloud Fields 400 US-LMC Conf ALLIANCE FOR INNOVATION Conference/Training Administration 10 US-partnership breakfast EDEN PRAIRIE SCHOOL Miscellaneous Administration 48 US-padidng for skate TARGET Operating Supplies Ice Operations 26 US-taxi TAXI Conference/Training IT Operating 66 US-airport parking MSP AIRPORT PARKING Conference/Training IT Operating 35 US-taxi SUPER SHUTTLE Conference/Training IT Operating 159 US-lake fountain MENARDS Equipment Repair&Maint Purgatory Creek Park 27 US-tools MENARDS Operating Supplies Park Maintenance 18 US-lake fountain HOME DEPOT CREDIT SERVICES Equipment Repair&Maint Purgatory Creek Park -15 US-return supplies HOME DEPOT CREDIT SERVICES Equipment Repair&Maint Purgatory Creek Park 51 US-irrigation MENARDS Operating Supplies Park Maintenance 302 US-video and photo supplies GTAINTERNAT Video&Photo Supplies Fire 25 US-baggage fee AMERICAN AIRLINES Travel Expense Fire 25 US-baggage fee AMERICAN AIRLINES Travel Expense Fire 1,632 US-FDIC FAIRFIELD INN Travel Expense Fire 54 US-miracle field supplies MENARDS Repair&Maint.Supplies Flying Cloud Fields 14 US-RTA signs MENARDS Repair&Maint.Supplies Richard T.Anderson Cons.Area -83 US-return HOME DEPOT CREDIT SERVICES Operating Supplies Water Metering 175 US-J Thompson-seminar MAAO Conference/Training Assessing 520 US-4 barres WAYFAIR Capital Under$25,000 Fitness Classes 135 US-20 yoga blocks YOGAACCESSORIES.COM Capital Under$25,000 Fitness Classes 126 US-lawn mower ramps NAPA AUTO PARTS Operating Supplies Park Maintenance 653 US-food JIMMY JOHNS Employee Award Organizational Services 53 US-safety regulations pocketbo J J KELLER&ASSOCIATES INC Office Supplies Customer Service 320 US-APA membership-Beth N APA MINNESOTA Dues&Subscriptions Planning 7,290 US-March 2016 Bldg Surchgs DEPT OF LABOR&INDUSTRY Building Surcharge General Fund 335 US-March 2016 Bldg Surchgs DEPT OF LABOR&INDUSTRY Mechanical Surcharge General Fund 279 US-March 2016 Bldg Surchgs DEPT OF LABOR&INDUSTRY Plumbing Surcharge General Fund -158 US-March 2016 Bldg Surchgs DEPT OF LABOR&INDUSTRY Other Revenue General Fund 15 US-GFOA Luncheon-T Wilson GOVERNMENT FINANCE OFFICERS AS Conference/Training Finance 192 US-gateway fees NCR SPECIALTY Bank and Service Charges Prairie Village Liquor Store 362 US-gateway fees NCR SPECIALTY Bank and Service Charges Den Road Liquor Store 245 US-gateway fees NCR SPECIALTY Bank and Service Charges Prairie View Liquor Store -5 US-gateway fees NCR SPECIALTY Bank and Service Charges Prairie Village Liquor Store -5 US-gateway fees NCR SPECIALTY Bank and Service Charges Den Road Liquor Store -5 US-gateway fees NCR SPECIALTY Bank and Service Charges Prairie View Liquor Store 20 US-epermit web security PAYPAL INC Equipment Repair&Maint IT Operating 21 US-table tennis supplies TARGET Operating Supplies Gymnasium(CC) 102 US-pickleball awards CROWN TROPHY Operating Supplies Gymnasium(CC) 106 US-sign-café MENARDS Operating Supplies Concessions 110 US-continuing ed trng-Lindahl CONTINUING EDUCATION Conference/Training Economic Development 34 US-office printer OFFICE DEPOT CREDIT PLAN Office Supplies Water Treatment Plant 100 US-training ARROWWOOD RADISSON RESORT Travel Expense Water Treatment Plant Amount Explanation Vendor Account Description Business Unit 405 US-leadership training lunch CRUMB GOURMET DELI Training Supplies Utility Operations-General 405 US-leadership training lunch CRUMB GOURMET DELI Training Supplies Utility Operations-General 314 US-leadership training lunch DAVANNI'S PIZZA Training Supplies Utility Operations-General 73 US-Sunshine fund A Schuster TLF BELLADONNA FLORIST Deposits Escrow 165 US-retirement gift-B Kaszynski HALLMARK INSIGHTS Employee Award Organizational Services 99 US-sunshine fund Uting FLOWERS BY LEGACY Deposits Escrow -75 US-service award refund HALLMARK INSIGHTS Employee Award Internal Events 110 US-sunshine fund Carl Jullie LIFE TRIBUTES Deposits Escrow 267 US-council workshop RUBY TUESDAY Miscellaneous City Council 82 US-computer forensics MICRO CENTER A/R Operating Supplies Police 75 US-computer forensics MICRO CENTER A/R Operating Supplies Police 89 US-office supplies AMAZON.COM Office Supplies Police 160 US-office supplies AMAZON.COM Office Supplies Police 76 US-office supplies AMAZON.COM Office Supplies Police 14 US-office supplies AMAZON.COM Office Supplies Police 27 US-office supplies AMAZON.COM Office Supplies Police 49 US-fuel-drug disposal SIMONSON STATION Motor Fuels Fleet Operating 56 US-toys/art supplies TARGET Operating Supplies Day Care 43 US-art supplies MICHAELS-THE ARTS&CRAFTS S Operating Supplies Day Care 88 US-pitch forks HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance 72 US-pitch forks HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance 35 US-prepaid cell BEST BUY Pager&Cell Phone Park Maintenance -35 US-return cell BEST BUY Pager&Cell Phone Park Maintenance 71 US-fleet/fire LIONS TAP Operating Supplies Fire 127 US-thermal clips REI Small Tools Fire 188 US-W Parker CC-personal use DELTA AIR Deposits Escrow 188 US-W Parker CC-personal use DELTA AIR Deposits Escrow 620 US-FDIC FDIC Conference/Training Fire 240 US-W Parker CC-personal use US BANK Deposits Escrow 832 US-FDIC EMBASSY SUITES Travel Expense Fire 837 US-stations 1,2,3,4 AMAZON.COM Operating Supplies Fire 974 US-turbo flare TURBO FLARE INTERNATIONAL Small Tools Fire 69 US-EMS bags RESCUE ESSENTIALS Small Tools Fire 197 US-c/b supplies HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Sewer System Maintenance 467 US-new trailer set up MENARDS Repair&Maint.Supplies Storm Drainage 72 US-ID badge clip reels ID SUPERSTORE Operating Supplies Community Center Admin 235 US-APWA conf-Rod UNIVERSITY OF MINNESOTA Conference/Training Engineering 81 US-rubber ducks ORIENTAL TRADING Operating Supplies Environmental Education 517 US-APWA conf-Rod GRAND VIEW LODGE Conference/Training Engineering 50 US-health dept clean up day HENNEPIN COUNTY TREASURER Operating Supplies Recycle Rebate 289 US-grocery supplies CHICO BAG Operating Supplies Recycle Rebate 22 US-scanner parts PRECISION ROLLER Equipment Repair&Maint IT Operating 16 US-flash drives AMAZON.COM Computers IT Operating 21 US-wireless keyboard/mouse AMAZON.COM Computers IT Operating 75 US-webcam AMAZON.COM Computers IT Operating 45 US-trimble/gps VERIZON WIRELESS Telephone IT Telephone 36 US-ipad mini case AMAZON.COM Computers IT Operating 13 US-headset AMAZON.COM Computers IT Operating 130 US-LED TV AMAZON.COM Computers IT Operating 188 US-LED TV AMAZON.COM Computers IT Operating Amount Explanation Vendor Account Description Business Unit -118 US-return tv AMAZON.COM Computers IT Operating 175 US-LED TV AMAZON.COM Repair&Maint.Supplies City Center Operations 40 US-NAFA meeting NAFA Conference/Training Fleet Operating 208 US-training LOWELL CENTER Conference/Training Fleet Operating 5 US-MN DPS licensing ALLIED PARKING Mileage&Parking Fleet Operating 66 US-safety equip ELVEXSAFETY Operating Supplies Street Maintenance 20 US-CC personal use M Schmidt STANDARD PARKING Deposits Escrow 197 US-books IAPMO Operating Supplies Inspections-Administration 176 US-books IAPMO Operating Supplies Inspections-Administration 26 US-café food CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 21 US-café food CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 18 US-café food CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 25 US-café food CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 8 US-vactor HOME DEPOT CREDIT SERVICES Repair&Maint. Supplies Sewer System Maintenance 32 US-snacks for umps CUB FOODS EDEN PRAIRIE Operating Supplies Softball 532 US-shirts for umps BOONBAH Clothing&Uniforms Softball 139 US-continuing ed trng-Buswell APPRAISAL UNIVERSITY Conference/Training Assessing 54 US-distance measurer LOWE'S Miscellaneous Assessing 159 US-quartermaster supply AMAZON.COM Operating Supplies Police 390 US-new hire supply AMAZON.COM Clothing&Uniforms Police 12 US-training supply AMAZON.COM Training Supplies Police 134 US-quartermaster supply AMAZON.COM Operating Supplies Police 535 US-training supply BROWNELLS INC. Training Supplies Police 14 US-reserve calendar CALENDAR WIZ Operating Supplies Reserves 745 US-training-S Elsenpeter METRO TESTING Conference/Training Park Maintenance 71 US-supplies MENARDS Operating Supplies Park Maintenance 53 US-trash bags PLASTICPLACE.COM Operating Supplies Park Maintenance 69 US-in project supplies OFFICE DEPOT CREDIT PLAN Operating Supplies Water Metering 20 US-critter food PETCO Operating Supplies Outdoor Center 28 US-critter food PETCO Operating Supplies Outdoor Center 26 US-critter food PETCO Operating Supplies Outdoor Center 33 US-critter food PETCO Operating Supplies Outdoor Center 15 US-ball fields MENARDS Operating Supplies Park Maintenance 25 US-players bench MENARDS Repair&Maint.Supplies Flying Cloud Fields 21 US-picnic tables MENARDS Operating Supplies Park Maintenance 96 US-picnic tables SHERWIN WILLIAMS Repair&Maint.Supplies Park Maintenance 2 US-bolt MENARDS Operating Supplies Park Maintenance 15 US-hose clamps MENARDS Repair&Maint.Supplies Water Treatment Plant 262 US-misc parts MILLS FLEET FARM Repair&Maint. Supplies Water Treatment Plant -16 US-parts return MILLS FLEET FARM Repair&Maint. Supplies Water Treatment Plant 3 US-hardware MENARDS Repair&Maint. Supplies Water Treatment Plant 33 US-plywood for shelves HOME DEPOT CREDIT SERVICES Operating Supplies Prairie Village Liquor Store 7 US-ink for invoice stamp OFFICE DEPOT CREDIT PLAN Operating Supplies Prairie Village Liquor Store 7 US-ink for invoice stamp OFFICE DEPOT CREDIT PLAN Operating Supplies Prairie View Liquor Store -12 US-return EDEN PRAIRIE LIQUOR Deposits Escrow 12 US-return EDEN PRAIRIE LIQUOR Deposits Escrow 37 US-ultrac project ALLIED ELECTRONICS INC Equipment Repair&Maint Public Safety Communications 292 US-card access ID ENHANCEMENTS INC Equipment Repair&Maint Public Safety Communications 225 US-alarm CLOSED CIRCUIT SPECIALISTS INC Equipment Repair&Maint Public Safety Communications 375 US-monthly billing NIMBLE SCHEDULE Other Contracted Services Community Center Admin Amount Explanation Vendor Account Description Business Unit 47 KOWALSKI'S MARKET Deposits Escrow 699 US-under desk bike HEALTHSTYLES EXERCISE EQUIPMEN Equipment Repair&Maint Police 22 US-WILS event WOMEN IN THE FIRE SERVICE INC Conference/Training Youth Programs Admin 35 US-staff training tool AMERICAN CAMPING ASSOCIATION Conference/Training Youth Programs Admin 75 US-staff training tool AMERICAN CAMPING ASSOCIATION Conference/Training Youth Programs Admin 119 US-mother/son ORIENTAL TRADING Operating Supplies Youth Programs Admin 335 US-camp supplies S&S WORLDWIDE Operating Supplies Playgrounds 59 US-mother/son WALMART COMMUNITY Operating Supplies Youth Programs Admin 183 US-mother/son PARTY CITY Operating Supplies Youth Programs Admin 686 US-archery SPORT SUPPLY GROUP Operating Supplies Lesson Skills Development 9 US-adaptive program outing NAF NAF GRILL Operating Supplies New Adaptive 8 US-adaptive program outing SAWATDEE Operating Supplies New Adaptive 31 US-summercamp supplies TARGET Operating Supplies Accessibility 145 US-bank service charges PLUG N PAY Bank and Service Charges Community Center Admin 166 US-bank service charges PLUG N PAY Bank and Service Charges Community Center Admin 49 US-buttons for special events NEIL ENTERPRISES INC Operating Supplies Storm Drainage 49 US-buttons for special events NEIL ENTERPRISES INC Operating Supplies Recycle Rebate 25 US-baggage fee DELTA AIR Travel Expense Fire 34 US-taxi TAXI Travel Expense Fire 25 US-baggage fee DELTA AIR Travel Expense Fire 75 US-food for trng JIMMY JOHNS Tuition Reimbursement/School Police 64 US-food for trng JIMMY JOHNS Tuition Reimbursement/School Police 16 US-training supplies LAW ENFORCMENT TARGETS INC Training Supplies Police 756 US-training-K White LIFELINE TRAINING LTD Tuition Reimbursement/School Police 262 US-trng-T Serafin GRAND VIEW LODGE Tuition Reimbursement/School Police 223 US-C Wood training BEST WESTERN Tuition Reimbursement/School Police 223 US-C Wood training BEST WESTERN Tuition Reimbursement/School Police 200 US-training BEST WESTERN Tuition Reimbursement/School Police 344 US-E Coy training COURTYARD MARRIOTT Tuition Reimbursement/School Police 349 US-B Dupont training COURTYARD MARRIOTT Tuition Reimbursement/School Police 149 US-training supplies CHANNING BETE COMPANY,INC Training Supplies Police 200 US-J Morrow training BEST WESTERN Tuition Reimbursement/School Police 646 US-rifle case/strap LA POLICE GEAR Training Supplies Police 26 US-luggage tags OFFICE DEPOT CREDIT PLAN Training Supplies Police 350 US-training class GLOCK PROFESSIONAL INC Tuition Reimbursement/School Police 338 US-L Perez trainng LIFELINE TRAINING LTD Tuition Reimbursement/School Police -675 US-cancelled trng A Behl BURNSVILLE,CITY OF Tuition Reimbursement/School Police 175 US-equipment AMAZON.COM Clothing&Uniforms Police 73 US-equipment AMAZON.COM Clothing&Uniforms Police 32 US-supplies OFFICE DEPOT CREDIT PLAN Training Supplies Police 72 US-equipment AMAZON.COM Clothing&Uniforms Police -80 US-overpayment refund LIFELINE TRAINING LTD Tuition Reimbursement/School Police 25 US-food license HENNEPIN COUNTY TREASURER Operating Supplies Wine Club/Events 25 US-uniform acct RADIOPARTS.COM Clothing&Uniforms Police 11 US-return-SWAT UPS STORE,THE Training Supplies Police 49 US-uniform acct LA POLICE GEAR Clothing&Uniforms Police -106 US-return LA POLICE GEAR Clothing&Uniforms Police 134 US-uniform acct LA POLICE GEAR Clothing&Uniforms Police 44 US-uniform acct LA POLICE GEAR Clothing&Uniforms Police 6 US-gas for training HOLIDAY STATION STORES INC Tuition Reimbursement/School Police Amount Explanation Vendor Account Description Business Unit 146 US-hotel,training CRAGUNS Tuition Reimbursement/School Police 88 US-K-9 Equip ELITE K-9 INC Training Supplies Police 71 US-K-9 Equip AMAZON.COM Canine Supplies Police 327 US-Mn Chiefs conf BEST WESTERN Tuition Reimbursement/School Police 32 US-tamper MENARDS Repair&Maint.Supplies Water System Maintenance 59 US-trailer set up MENARDS Repair&Maint.Supplies Storm Drainage 45,910 Report Total CITY COUNCIL AGENDA DATE: SECTION: Appointments June 14, 2016 DEPARTMENT: ITEM DESCRIPTION: ITEM NO.: Rick Getschow, Student on Commissions Appointments XIII.A. City Manager for the 2016-2017 School Year Requested Action Move to: • Appoint to the Conservation Commission—Emilie Cleveland, Zoe Pettit, Annika Quam, and Hayden Bunn • Appoint to the Flying Cloud Airport Advisory Commission—Connor Pesheck, Ben Shephard, and James Hilton • Appoint to the Heritage Preservation Commission—Carolyn Mason, Alyssa Meiners, Taylor Wolf, and Sienna Gambino • Appoint to the Human Rights and Diversity Commission—Nia Colebrooke, Asiya Gelle, Ashwin Senthilkumar, Adrienne Retzlaff, Angela Lin, and Carter Rislove • Appoint to the Parks,Recreation, and Natural Resources Commission—William Hemier, Phillip Kuhn, Conor Reding, Stephan Wenc, and Kirsten Johnson Synopsis Applications for Students on Commissions positions were accepted from mid-April to the end of May. Twenty-three applications were received this year. Commission Staff Liaisons met in early June to review and discuss the applications. The attached appointment recommendations are based on the students' stated Commission preferences and the quality of their applications. An orientation session will be held in late August. Background Information In 1992, the City Council initiated a program to provide student residents in Eden Prairie with the opportunity to serve on City Commissions as non-voting members. The program has grown and changed over time to reflect modifications made to the City's Commissions, the addition of Commissions eligible for student appointments, and the desire to include more students in the program.