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HomeMy WebLinkAboutCity Council - 01/17/2017 AGENDA CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY,JANUARY 17, 2017 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 James DeMann, Fire Chief George Esbensen, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, Communications Manager Joyce Lorenz, City Attorney Ric Rosow, and Recorder Lorene McWaters Workshop-Heritage Room H(5:30) I. COMMISSION WORK PLANS A. CONSERVATION COMMISSION (5:30-5:40) B. FLYING CLOUD AIRPORT ADVISORY COMMISSION (5:40-5:50) C. HUMAN RIGHTS AND DIVERSITY COMMISSION (5:50-6:00) D. HERITAGE PRESERVATION (6:00-6:10) E. PARKS,RECREATION & NATURAL RESOURCES COMMISSION (6:10-6:20) F. PLANNING COMMISSION (6:20-6:30) Open Podium - Council Chamber (6:35) II. OPEN PODIUM III. ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,JANUARY 17, 2017 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Council Members Brad Aho, Sherry Butcher Wickstrom, Kathy Nelson, and Ron Case CITY STAFF: City Manager Rick Getschow, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, City Attorney Ric Rosow and Council Recorder Jan Curielli I. CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS A. POLICE DEPARTMENT COMMENDATION AWARD B. DONATION FROM MIRACLE FIELD FUNDRAISING GROUP (RESOLUTION) C. DONATION FROM EDEN PRAIRIE SMILES FOR 2017 SPECIAL EVENTS (RESOLUTION) D. DONATION FROM LIONS TAP FOR 2017 SPECIAL EVENTS (RESOLUTION) E. DR. MARTIN LUTHER KING,JR., PROCLAMATION V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. CITY COUNCIL MEETING HELD TUESDAY, JANUARY 3, 2017 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST CITY COUNCIL AGENDA January 17, 2017 Page 2 B. ADOPT RESOLUTION SUPPORTING TIMBERLAND PARTNERS APPLICATION TO HENNEPIN COUNTY TRANSIT ORIENTED DEVELOPMENT PROGRAM C. REVOKE SPECIAL ASSESSMENT ADOPTED BY RESOLUTION NO. 2015-111 WITH REPSECT TO PROPERTY ID NO. 13-116-22-22-0013, ONE SOUTHWEST CROSSING (OSWX) D. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH SRF CONSULTING GROUP, INC. FOR DESIGN SERVICES FOR EDEN PRAIRIE ROAD EXTENSION PROJECT E. APPROVE COOPERATIVE AGREEMENT WITH NINE MILE CREEK WATERSHED DISTRICT FOR CHAMBERLAIN-CHEROKEE STORMWATER MODELING PROJECT F. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH SRF CONSULTING GROUP FOR FINAL DESIGN SERVICES FOR PRESERVE BOULEVARD IMPROVEMENT PROJECT G. APPROVE RESIDENTIAL RECYCLING GRANT AGREEMENT AND ADOPT RESOLUTION AUTHORIZING RENEWAL OF HENNEPIN COUNTY RESIDENTIAL RECYCLING GRANT AGREEMENT H. ADOPT RESOLUTION AUTHORIZING SETTLEMENT OF ACQUISITION FOR PARCEL 30, SHADY OAK ROAD IMPROVEMENT,I.C. 11-5800 I. APPROVE AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH WSB FOR DESIGN PHASE SERVICES FOR LAKE RILEY PARK RENOVATION J. SET HEARING DATE FOR ERS DOCK APPEAL IX. PUBLIC HEARINGS /MEETINGS A. PRAIRIE MEADOWS Authorizing Sale and Delivery of Revenue Bonds for Prairie Meadows Multi-Family Housing Development (Resolution) X. PAYMENT OF CLAIMS XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS A. APPOINTMENTS TO 2017 BOARD OF APPEAL AND EQUALIZATION CITY COUNCIL AGENDA January 17, 2017 Page 3 XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Pickleball Update 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: January 13, 2017 TO: Mayor and City Council FROM: Rick Getschow, City Manager RE: City Council Meeting for Tuesday, January 17, 2017 TUESDAY,JANUARY 17, 2017 7:00 PM, COUNCIL CHAMBER I. CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. SWEARING IN OF COUNCIL MEMBERS AHO AND CASE 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 DECEMBER 6, 2016 MOTION: Move to approve the HRA minutes from December 6, 2016. HRA III. APPROVING ASSIGNMENT OF DEVELOPMENT AGREEMENT AND TIF NOTE FOR WINDSOR PLAZA MOTION: Move to: Approve the Assignment of Development Agreement and TIF Note for Windsor Plaza HRA IV. ADJOURNMENT MOTION: Move to adjourn the HRA. COUNCIL MEETING V. PROCLAMATIONS/PRESENTATIONS ANNOTATED AGENDA January 17, 2017 Page 2 A. POLICE DEPARTMENT COMMENDATION AWARD Chief DeMann will present the Police Department's Commendation Award to two civilians who helped save the life of a man who was threatening to jump from the Shady Oak Bridge onto Hwy. 212 last October. After Chief DeMann reads the award, the Mayor is welcome to join him at the podium to present the awards and for photos. B. DONATION FROM MIRACLE FIELD FUNDRAISING GROUP (RESOLUTION) Motion: Move to: Adopt the resolution accepting the donation from the Eden Prairie Miracle League Field Fundraising Committee. Synopsis: At the September 17, 2013 City Council Meeting, Council Members authorized staff to develop a partnership and support a fundraising effort to pursue the construction of a Miracle League Field. This is the second donation from the committee. C. DONATION FROM EDEN PRAIRIE SMILES FOR 2017 SPECIAL EVENTS (RESOLUTION) Dr. Mesa will be in attendance at the Council Meeting for recognition of the $5,000 donation from Eden Prairie Smiles. MOTION: Move to: Adopt the resolution accepting the donation from Eden Prairie Smiles for $5,000 for Parks and Recreation special events. Synopsis: Eden Prairie Smiles will donate to the following programs for a total of $5,000: • Arts in the Park • Hometown Celebration July 3rd and 4th • Starring at Staring Concert Series • KidStock Concert Series • Halloween on the Mall Eden Prairie Smiles will be recognized as a Platinum sponsor for each of these events. D. DONATION FROM LIONS TAP FOR 2017 SPECIAL EVENTS (RESOLUTION) MOTION: Move to: Adopt the resolution accepting the donation in the amount of$1,600 from Lions Tap to be used towards 2017 Special Events. Synopsis: Lions Tap gave $1,600 to be used to enhance the following programs: $100 Halloween on the Mall $100 Animal Open House $100 Arts in the Park ANNOTATED AGENDA January 17, 2017 Page 3 $100 A Collection of One Acts $100 Staring Lake Concert Series $100 Summer Musical $100 Art Crawl $100 3rd and 4th of July $100 Fall Harvest $100 Kidstock $100 Rock On Ice $100 Spooky Saturday $100 Winter Theatre $100 Flick 'n' Floats $100 Floating Pumpkin Patch $100 Indoor Triathlon E. DR. MARTIN LUTHER KING,JR., PROCLAMATION • The Mayor will read the proclamation; and • PG Narayanan, Chair of the Human Rights & Diversity Commission will also announce the opening of the application process for the Human Rights Awards. VI. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Move to approve the agenda. VII. MINUTES MOTION: Move to approve the following City Council minutes: A. CITY COUNCIL MEETING HELD TUESDAY, JANUARY 3, 2017 VIII. REPORTS OF ADVISORY BOARDS & COMMISSIONS IX. CONSENT CALENDAR MOTION: Move approval of items A-J on the Consent Calendar. A. CLERK'S LICENSE LIST B. ADOPT RESOLUTION SUPPORTING TIMBERLAND PARTNERS APPLICATION TO HENNEPIN COUNTY TRANSIT ORIENTED DEVELOPMENT PROGRAM C. REVOKE SPECIAL ASSESSMENT ADOPTED BY RESOLUTION NO. 2015-111 WITH REPSECT TO PROPERTY ID NO. 13-116-22-22-0013, ONE SOUTHWEST CROSSING(OSWX) ANNOTATED AGENDA January 17, 2017 Page 4 D. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH SRF CONSULTING GROUP, INC. FOR DESIGN SERVICES FOR EDEN PRAIRIE ROAD EXTENSION PROJECT E. APPROVE COOPERATIVE AGREEMENT WITH NINE MILE CREEK WATERSHED DISTRICT FOR CHAMBERLAIN-CHEROKEE STORMWATER MODELING PROJECT F. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH SRF CONSULTING GROUP FOR FINAL DESIGN SERVICES FOR PRESERVE BOULEVARD IMPROVEMENT PROJECT G. APPROVE RESIDENTIAL RECYCLING GRANT AGREEMENT AND ADOPT RESOLUTION AUTHORIZING RENEWAL OF HENNEPIN COUNTY RESIDENTIAL RECYCLING GRANT AGREEMENT H. ADOPT RESOLUTION AUTHORIZING SETTLEMENT OF ACQUISITION FOR PARCEL 30, SHADY OAK ROAD IMPROVEMENT,I.C. 11-5800 I. APPROVE AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH WSB FOR DESIGN PHASE SERVICES FOR LAKE RILEY PARK RENOVATION J. SET HEARING DATE FOR ERS DOCK APPEAL X. PUBLIC HEARINGS/MEETINGS A. PRAIRIE MEADOWS Authorizing Sale and Delivery of Revenue Bonds for Prairie Meadows Multi-Family Housing Development (Resolution) MOTION: Move to: Close the public hearing; AND Adopt a Resolution Adopting a Housing Program with respect to a Multifamily Housing Project; Authorizing the Issuance, Sale and Delivery of Multifamily Housing Revenue Bonds (Prairie Meadows Townhomes Project), Series 2017; Approving the Form of and Authorizing the Execution and Delivery of Such Bonds and Related Documents; and Providing for the Security, Rights, and Remedies with respect to such Bonds. Synopsis: Pursuant to Minnesota Statutes, Chapter 462C, as amended(the "Act"), the City of Eden Prairie, Minnesota (the "City") is authorized to develop and administer programs to finance the acquisition and construction of multifamily housing developments under the circumstances and within the limitations set forth in the Act. Section 462C.07 of the Act provides that such programs for multifamily housing developments may be financed through the issuance of revenue obligations issued by the City. Prairie Meadows Limited Partnership, a Minnesota limited partnership (the "Borrower"), has proposed that the City provide financial assistance through the ANNOTATED AGENDA January 17, 2017 Page 5 issuance of conduit revenue bonds in an aggregate principal amount not to exceed $18,000,000, in one or more series (the "Bonds"), for the purpose of loaning the proceeds thereof to the Borrower to finance the acquisition, construction, and rehabilitation of an existing 168-unit multifamily rental housing development, comprised of twenty-eight (28) town home buildings located at 11345 Westwind Drive in the City (the "Project"). The Project is currently owned by the Borrower, the general partner of which is CHDC Prairie Meadows GP LLC, a Minnesota limited liability company. As a condition to the issuance of the Bonds, Minnesota Statutes, Chapter 462C, as amended, requires the City to prepare a housing program (the "Housing Program"), and hold a duly noticed public hearing on the Housing Program and the Bonds. In addition, under Section 146 of the Internal Revenue Code of 1986, as amended, the Bonds must receive an allocation of the bonding authority of the State of Minnesota before the City may issue the Bonds. The Project is a major renovation of the existing townhomes and includes significant upgrades to landscaping and the outdoor play area. The Borrower has indicated its willingness to consider participation in the City's fire suppression program as component of the renovation. Under that program, the City offers financing to install fire suppression sprinklers and then specially assesses the property for the cost of the installation. Borrower will continue to work with staff regarding its participation in the program. XI. PAYMENT OF CLAIMS MOTION: Move approval of Payment of Claims as submitted (Roll Call Vote). XII. ORDINANCES AND RESOLUTIONS XIII. PETITIONS, REQUESTS AND COMMUNICATIONS XIV. APPOINTMENTS A. APPOINTMENTS TO 2017 BOARD OF APPEAL AND EQUALIZATION Requested Action: Move to: Appoint to the Board of Appeal and Equalization Lyndon Moquist, Annette O'Connor, Todd L. Walker, Nate Thompson and Kristin Rial for the period of March 1, 2017 through May 31, 2017, or until the Board of Appeal and Equalization completes its work. Synopsis: The proposed members for Council approval are Eden Prairie residents and experienced real estate professionals with extensive knowledge of the Southwest metro area. Lyndon Moquist of Edina Realty is involved in the sale of residential properties in the southwest metro area and manages the Eden Prairie office of Edina Realty. ANNOTATED AGENDA January 17, 2017 Page 6 Annette O'Connor of Coldwell Banker Burnet Realty is involved in the sale of residential properties in the southwest metro. Todd Walker of Coldwell Banker Burnet Realty is involved in the sale of residential properties in the southwest metro. Nate Thompson of Edina Realty is involved in the sale of residential properties in the southwest metro. Kristin Rial of Edina Realty is involved in the sale of residential properties in the southwest metro. XV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Pickleball Update Synopsis: Representatives of the Southwest Metro Pickleball Association attended the November 7, 2016 Parks, Recreation and Natural Resources Commission meeting to provide an overview of their recent activities and the evolution and growth of pickleball. During the meeting, the representatives requested an analysis of sites in Eden Prairie where multiple courts could be located. The representatives indicated that if a site capable of accommodating eight or more courts was available and the city was willing to partner with them that the Southwest Pickleball Association would explore a funding proposal. Commission members asked staff to explore potential locations and associated costs. Parks and Recreation Director, Jay Lotthammer will review the findings with Council Members and seek input on the fundraising proposal. E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XVI. OTHER BUSINESS XVII. ADJOURNMENT MOTION: Move to adjourn the City Council meeting. AGENDA CITY OF EDEN PRAIRIE HOUSING AND REDEVELOPMENT AUTHORITY TUESDAY, JANUARY 17, 2017 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, City Planner Julie Klima, 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 DECEMBER 6, 2016 III. ADOPT RESOLUTION APPROVING ASSIGNMENT OF DEVELOPMENT AGREEMENT AND TIF NOTE FOR WINDSOR PLAZA IV. ADJOURNMENT HRA ITEM II. UNAPPROVED MINUTES HOUSING AND REDEVELOPMENT AUTHORITY TUESDAY,DECEMBER 6, 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, Finance Director Sue Kotchevar, 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 7:01 PM. All HRA Members were present. II. APPROVE MINUTES OF HRA MEETING HELD ON September 6, 2016 MOTION: Butcher Wickstrom moved, seconded by Case, to approve the minutes of the HRA meeting held September 6, 2016. Motion carried 5-0. III. ADOPT RESOLUTION HRA 2016-04 CERTIFYING THE 2017 HRA PROPERTY TAX LEVY TO BE $200,000 AND APPROVING THE 2017 HRA BUDGET OF $200,000 Getschow said the preliminary levy was set by the Council in September, and this item will approve the final 2017 HRA property tax levy and HRA budget. He noted the amount of the levy and budget has remained the same at $200,000 for many years. MOTION: Nelson moved, seconded by Butcher Wickstrom, to adopt Resolution HRA 2016-04 to approve the proposed 2017 property tax levy to be $200,000 and to accept the proposed 2017 budget of$200,000. Motion carried 5-0. IV. ADJOURNMENT MOTION: Butcher Wickstrom moved, seconded by Case, to adjourn the HRA meeting. Motion carried 5-0. Chair Tyra-Lukens adjourned the HRA meeting at 7:03 PM. HRA AGENDA DATE: January 17, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: HRA ITEM NO.: Richard Rosow, City Attorney Approving Assignment of Development III. Agreement and TIF Note for Windsor Plaza Requested Action Move to: Approve Assignment of Development Agreement and TIF Note for Windsor Plaza. Synopsis Windsor Plaza is a mixed-use development containing retail and office space located at 11995 Singletree Lane in Eden Prairie. Windsor Plaza is part of Redevelopment Project Area No. 5 and Town Center Phase One TIF District. The HRA and Windsor Plaza, LLC (the "Developer") are parties to a TIF Development Agreement originally executed in 2007, pertaining to the terms of Tax Increment financing in connection with the development and construction of Windsor Plaza. Pursuant to the TIF Development Agreement, the HRA executed and tendered to the Developer a TIF Note in the amount of $4,500,000. The Developer recently refinanced the property. The new lender has required that the Developer assign all of its rights under the TIF Development Agreement and the TIF Note to the lender and that the HRA consent to the terms of the Assignment. Under the Assignment of the Development Agreement and TIF Note, attached hereto, the HRA consents to the assignment, agrees to make all further TIF payments to the lender, and represents and warrants to the lender that the TIF Development Agreement and TIF Note are valid and enforceable, and that neither party is in default. Attachment Assignment of Development Agreement and TIF Note ASSIGNMENT OF DEVELOPMENT AGREEMENT AND TIF NOTE THIS ASSIGNMENT OF DEVELOPMENT AGREEMENT AND TIF NOTE (this "Agreement"), is made and entered into as of the day of December, 2016, by and among THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE, MINNESOTA, a public body corporate and politic organized and existing under the laws of the State of Minnesota (the "HRA"), WINDSOR PLAZA, LLC, a Minnesota limited liability company(the "Borrower"), and BMO HARRIS, BANK N.A. a national banking association (the"Lender"). WITNESSETH: WHEREAS, the HRA and the Borrower entered into that certain Development Agreement dated September 4, 2007 (the "Agreement"), as amended by that certain First Amended Development Agreement dated September 2, 2008 (the "Amendment" and, together with the Agreement, the "Development Agreement"), pertaining to the development and construction of the project located in Eden Prairie, Minnesota, legally described on Exhibit A attached hereto and hereby made a part hereof(the"Project"); and WHEREAS, the Agreement was filed of record in the office of the Hennepin County Registrar of Titles on September 9, 2007, as Document No. 4423820 and the Amendment was filed of record in the office of the Hennepin County Registrar of Titles on December 2, 2008, as Document No. 4548462; and WHEREAS, pursuant to the terms and subject to the conditions of the Development Agreement, the HRA executed and delivered to the Borrower that certain Tax Increment Revenue Note dated as of September 4, 2007, in the original principal amount of$4,500,000 (the"TIF Note"); and WHEREAS, the Borrower and the Lender have entered into that certain Loan Agreement of even date herewith (the "Loan Agreement") concerning the extension by the Lender to the Borrower of a loan in the original principal amount of$15,840,000 (the"Loan"); and WHEREAS, the obligation of the Borrower to repay the Loan is evidenced by that certain Promissory Note of even date herewith (the "Lender Note") executed by the Borrower in favor of the Lender in the original principal amount of$15,840,000.00; and WHEREAS, the Borrower has executed and delivered to the Lender that certain Mortgage, Security Agreement, Assignment of Leases and Rents and Fixture Filing of even date herewith (the "Mortgage") encumbering the Project to secure payment of amounts advanced under the Loan Agreement; and WHEREAS, the Lender has required, as an express condition to extending the Loan, that the Borrower assign all of its rights under the TIF Agreement to the Lender to secure the obligations of the Borrower under the Lender Note. NOW, THEREFORE, in consideration of the foregoing recitals and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto hereby agree as follows: 1. The Borrower hereby assigns to the Lender all of its right, title and interest under and pursuant to the Development Agreement and the TIF Note to secure the Borrower's obligations under the Lender Note, the Loan Agreement and the documents related thereto. In connection with the foregoing, the Borrower has endorsed and delivered to the Lender the Original TIF Note. 2. The Borrower hereby represents and warrants to the Lender that there have been no prior assignments of the Development Agreement or the TIF Note, that the Development Agreement and the TIF Note are valid and enforceable agreements and that neither the Borrower nor the HRA is in default thereunder and that all covenants, conditions and agreements have been performed as required therein, except those not due to be performed until after the date hereof The Borrower agrees not to assign, sell, pledge, mortgage or otherwise transfer or encumber its interest in the Development Agreement or the TIF Note so long as this Assignment is in effect. The Borrower hereby irrevocably constitutes and appoints the Lender as its attorney-in-fact to demand, receive and enforce the Borrower's rights with respect to the TIF Agreement for and on behalf of and in the name of the Borrower or, at the option of the Lender, in the name of the Lender, with the same force and effect as the Borrower could do if this Assignment had not been made. 3. This Assignment shall constitute a perfected, absolute and present assignment, provided that the Bank shall have no right under this Assignment to enforce the provisions of the Development Agreement or the TIF Note or exercise any rights or remedies under this Assignment until an Event of Default (as that term is defined in the Loan Agreement) shall occur or be continuing. 4. Upon the occurrence of any Event of Default, the Lender may, without affecting any of its rights or remedies against the Borrower under any other instrument, document or agreement, exercise its rights under this Assignment as the Borrower's attorney-in-fact in any manner permitted by law and in addition the Lender shall have the right to exercise and enforce any and all rights and remedies available after default to a secured party under the Uniform Commercial Code, as adopted in the State of Minnesota. If notice to the Borrower of any intended disposition of the collateral or of any intended actions required by law in any particular instance, such notice shall be deemed commercially reasonable if given at least ten (10) days prior to the date of intended disposition or other action. 2 5. The HRA agrees to make all further payments under the TIF Note directly to Account No. with the Lender. 6. The HRA hereby consents and agrees to the terms and conditions of this Assignment. The HRA further represents and warrants to the Lender that the Development Agreement and the TIF Note are valid and enforceable agreements and that neither the Borrower nor the HRA is in default thereunder and that all covenants, conditions and agreements have been performed as required therein, except those not due to be performed until after the date hereof. 7. The Borrower and the HRA agree that no change or amendment shall be made to the terms of the Development Agreement or the TIF Note without the prior written consent of the Lender. 8. This Assignment can be waived, modified, amended, terminated or discharged only explicitly in a writing signed by the Lender. A waiver by the Lender shall be effective only in a specific instance and for the specific purpose given. Mere delay or failure to act shall not preclude the exercise or enforcement of any of the Lender's rights or remedies hereunder. All rights and remedies of the Lender shall be cumulative and shall be exercised singularly or concurrently, at the Lender's option, and any exercise or enforcement of any one such right or remedy shall neither be a condition to nor bar the exercise or enforcement of any other. 9. No provision of this agreement shall be deemed or construed to alter, amend or modify, in any way, the rights and obligations of the HRA contained in the Development Agreement or the TIF Note. 10. Any notice, request, demand or other communication permitted or required hereunder shall be deemed duly given if delivered or mailed postage prepaid, certified or registered, addressed to the party as set forth below: If to the HRA: Housing and Redevelopment Authority in and for the City of Eden Prairie, Minnesota 8080 Mitchell Road Eden Prairie, MN 55347 Attention: Executive Director of HRA If to the Borrower: Windsor Plaza, LLC c/o Olympus Ventures LLC 3033 Excelsior Blvd., Suite 525 Minneapolis,MN 55416 Attention: Chris C. Keenan, CCIM, and Doug Lo Pinto If to the Lender: BMO Harris Bank N.A. 50 South Sixth Street, Suite 1000 Minneapolis,MN 55402 Attention: Joseph C. Schweitzer 3 11. This Assignment shall be governed by and construed in accordance with the laws of the State of Minnesota. IN WITNESS WHEREOF, the parties hereto have made and entered into this Assignment as of the day and year first above written. 12747318v1 8636.387 [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 4 [SIGNATURE PAGE TO ASSIGNMENT OF DEVELOPMENT AGREEMENT AND TIF NOTE] HRA: THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE, MINNESOTA, a public body corporate and politic organized and existing under the laws of the State of Minnesota By: Name: Title: STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of December, 2016, by , the of The Housing and Redevelopment Authority in and for the City of Eden Prairie, Minnesota, a public body corporate and politic organized and existing under the laws of the State of Minnesota, on behalf of said public body. WITNESS my hand and official seal. Notary Public [SEAL] My commission Expires: S-1 [SIGNATURE PAGE TO ASSIGNMENT OF DEVELOPMENT AGREEMENT AND TIF NOTE] BORROWER: WINDSOR PLAZA, LLC, a Minnesota limited liability company By: Name: Title: STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of December, 2016, by , the of Windsor Plaza, LLC, a Minnesota limited liability company, on behalf of said limited liability company. WITNESS my hand and official seal. Notary Public [SEAL] My commission Expires: S-2 [SIGNATURE PAGE TO ASSIGNMENT OF DEVELOPMENT AGREEMENT AND TIF NOTE] LENDER: BMO HARRIS BANK N.A., a national banking association By: Joseph C. Schweitzer Its Director STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of December, 2016, by Joseph C. Schweitzer, the Director of BMO Harris Bank N.A., a national banking association, on behalf of said national banking association. WITNESS my hand and official seal. Notary Public [SEAL] My commission Expires: THIS INSTRUMENT WAS DRAFTED BY: Winthrop&Weinstine, P.A. (JJH) 225 South Sixth Street, Suite 3500 Minneapolis, MN 55402 S-3 EXHIBIT A (Legal Description) A-1 CITY COUNCIL AGENDA DATE: SECTION: PROCLAMATIONS /PRESENTATIONS January 17, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Police Police Department Commendation Award IV.A. James DeMann, Police Chief Background Chief DeMann will be at tonight's meeting to present the Police Department's Commendation Award to two civilians who helped save the life of a man who was threatening to jump from the Shady Oak Bridge onto Hwy. 212 last October. After Chief DeMann reads the award, the Mayor is welcome to join him at the podium to present the awards and for photos. CITY COUNCIL AGENDA DATE: SECTION: Proclamations and Presentations January 17, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Jay Lotthammer, Director, Donation from Eden Prairie Miracle League IV.B. Parks and Recreation Field Fundraising Committee Motion Move to: Adopt the resolution accepting the donation from the Eden Prairie Miracle League Field Fundraising Committee. Synopsis At the September 17, 2013 City Council Meeting, Council Members authorized staff to develop a partnership and support a fundraising effort to pursue the construction of a Miracle League Field. This is the second donation from the committee. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2017- 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$ to be used towards the Miracle League Field from the Eden Prairie Miracle League Field Fundraising Committee is hereby recognized and accepted by the Eden Prairie City Council. ADOPTED by the City Council of the City of Eden Prairie this 17th day of January, 2017. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Proclamations and Presentations January 17, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Jay Lotthammer, Director, Donation from Eden Prairie Smiles for Parks IV.C. Parks and Recreation and Recreation Special Events Requested Action Move to: Adopt the resolution accepting the donation from Eden Prairie Smiles for$5,000 for Parks and Recreation special events. Synopsis Eden Prairie Smiles will donate to the following programs for a total of$5,000: • Arts in the Park • Hometown Celebration July 3rd and 4th • Starring at Staring Concert Series • KidStock Concert Series • Halloween on the Mall Eden Prairie Smiles will be recognized as a Platinum sponsor for each of these events. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2017- RESOLUTION RELATING TO ACCEPTANCE OF GIFTS BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT: The gift to the City in the amount of $5,000 to be used for Parks and Recreation Special Events from Eden Prairie Smiles is hereby recognized and accepted by the Eden Prairie City Council. Eden Prairie Smiles will donate to the following programs for a total of$5,000: Arts in the Park Hometown Celebration July 3rd and 4th Starring at Staring Concert Series KidStock Concert Series Halloween on the Mall ADOPTED by the City Council of the City of Eden Prairie this 17th day of January, 2017. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Proclamations and Presentations January 17, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Jay Lotthammer, Director, Donation from Lions Tap I V.D. Parks and Recreation Requested Action Move to: Adopt the resolution accepting the donation in the amount of$1,600 from Lions Tap to be used towards 2017 Special Events. Synopsis Lions Tap gave $1,600 to be used to enhance the following programs: $100 Halloween on the Mall $100 Animal Open House $100 Arts in the Park $100 A Collection of One Acts $100 Staring Lake Concert Series $100 Summer Musical $100 Art Crawl $100 3rd and 4th of July $100 Fall Harvest $100 Kidstock $100 Rock On Ice $100 Spooky Saturday $100 Winter Theatre $100 Flick 'n' Floats $100 Floating Pumpkin Patch $100 Indoor Triathlon Background These contributions make enhancements to programs, along with allowing several programs to be available to the community that would not otherwise be possible. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2017- RESOLUTION RELATING TO ACCEPTANCE OF GIFTS BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT: The gift to the City in the amount of $1,600 to be used for various Parks and Recreation Special Events from Lions Tap is hereby recognized and accepted by the Eden Prairie City Council. ADOPTED by the City Council of the City of Eden Prairie this 17th day of January, 2017. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk ITEM NO.: IV.E. PROCLAMATION City of Eden Prairie Hennepin County, Minnesota WHEREAS, the City of Eden Prairie's City Council and Human Rights & Diversity Commission sponsors the Human Rights Award program, recognizing those who work to create an inclusive community spirit through their actions, activities, and programs; and WHEREAS, the City of Eden Prairie recognizes that Dr. Martin Luther King, Jr., had a dream and dedicated his life to helping freedom exist for all people through his commitment to human rights and his non- violent philosophy; and WHEREAS, the City of Eden Prairie reaffirms its commitment to fostering diversity in our community through the Eden Prairie Manifesto. NOW, THEREFORE, be it resolved, that the City of Eden Prairie hereby proclaims 2017 as a year to celebrate human rights and diversity, and asks all residents to continue their commitment and concern for equal rights for all persons, to dedicate themselves to helping those who do not yet share in that freedom, and to join the City of Eden Prairie in recognizing and celebrating Dr. Martin Luther King, Jr.'s dream. */e,...,,,.... Nanc ra-Lukens, Mayor Y Y City of Eden Prairie ITEM NO.: VI.A. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,JANUARY 3, 2017 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Council Members Brad Aho, Sherry Butcher Wickstrom, Ron Case, and Kathy Nelson CITY STAFF: City Manager Rick Getschow, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, City Attorney Ric Rosow, and Council Recorder Jan Curielli I. CALL THE MEETING TO ORDER Mayor Tyra-Lukens called the meeting to order at 7:02 PM. Council Member Nelson was absent. II. PLEDGE OF ALLEGIANCE III. SWEARING IN OF COUNCIL MEMBERS AHO AND CASE City Attorney Rosow swore in Council Members Aho and Case. Mayor Tyra-Lukens congratulated Council Members Aho and Case and noted she was delighted both of them were reelected to the Council. IV. OPEN PODIUM INVITATION V. PROCLAMATIONS/PRESENTATIONS A. SHERIFF STANEK Hennepin County Sheriff Rick Stanek gave a PowerPoint presentation reviewing the structure and work of the Sheriff's Office. He reviewed some demographics for Hennepin County and the operations and leadership of the divisions within the Sheriff's Office. He noted they expect the analysis of violent crimes in 2016 to show an increase of 2-3% for the County. Aho asked if there has been a rise in human trafficking in Hennepin County, and what the plans might be to curb such trafficking. Sheriff Stanek believed there is a greater awareness of the problem now, and there are more services provided for the victims of human trafficking. His office works with the County Attorney and CITY COUNCIL MINUTES January 3, 2017 Page 2 local law enforcement agencies to provide education for employees at hotels, restaurants and other locations. Tyra-Lukens thanked Sheriff Stanek for the presentation. B. LOCAL GOVERNMENT INNOVATION AWARD Tyra-Lukens said the City of Eden Prairie has long been a proponent of innovation to improve the way we provide services to the community. Getschow said we strive for innovation, and Eden Prairie was recognized with a Local Government Innovation award at the end of 2016. He said a group of Utility Division employees designed and built a vacuum dredge box that can be used to remove sediment from ponds without having to move very large equipment in to the pond area. John Carlon, Utility Division, described the dredge box and showed a video of the device being used. The device has helped to reduce many of the access problems that occurred when the heavy equipment was needed to dredge the ponds. They have worked with the University of Minnesota to share the idea with other cities. Use of the device saves a lot of money because of reduced restoration costs and less time involved in the dredging process. Getschow said this award involved a competitive application with many other applicants. He noted the award included a grant which will be used to reinvest in innovation. Tyra-Lukens presented the award to the group of Utility Division employees: Andy Allman, Isaac Raser, John Carlon and Rick Wahlen. VI. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Getschow said there is a revised Payment of Claims (Item XI)on goldenrod paper. MOTION: Butcher Wickstrom moved, seconded by Case, to approve the agenda as published. Motion carried 4-0. VII. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, DECEMBER 6, 2016 MOTION: Aho moved, seconded by Case, to approve the minutes of the Council workshop held Tuesday, December 6, 2016, as published. Motion carried 4-0. B. CITY COUNCIL MEETING HELD TUESDAY,DECEMBER 6,2016 MOTION: Case moved, seconded by Butcher Wickstrom, to approve the minutes of CITY COUNCIL MINUTES January 3, 2017 Page 3 the City Council meeting held Tuesday, December 6, 2016, as published. Motion carried 4-0. VIII. REPORTS OF ADVISORY BOARDS & COMMISSIONS IX. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. ADOPT RESOLUTION 2017-01 AUTHORIZING CITY OFFICIALS TO TRANSACT BANKING BUSINESS C. ADOPT RESOLUTION 2017-02 DESIGNATING DEPOSITORIES D. ADOPT RESOLUTION 2017-03 AUTHORIZING USE OF FACSIMILE SIGNATURES BY PUBLIC OFFICIALS E. ADOPT RESOLUTION 2017-04 AUTHORIZING TREASURER OR DEPUTY TREASURER TO INVEST CITY OF EDEN PRAIRIE FUNDS F. ADOPT RESOLUTION 2017-05 AUTHORIZING TREASURER OR DEPUTY TREASURER TO MAKE ELECTRONIC FUND TRANSFERS FOR CITY OF EDEN PRAIRIE G. ADOPT RESOLUTION 2017-06 AUTHORIZING PAYMENT OF CERTAIN CLAIMS BY FINANCE DEPARTMENT WITHOUT PRIOR COUNCIL APPROVAL H. ADOPT RESOLUTION 2017-07 ESTABLISHING MEETING DATES AND TIMES FOR CITY BOARDS AND COMMISSIONS FOR 2017 I. DECLARE EQUIPMENT AS SURPLUS AND AUTHORIZE DISPOSAL MOTION: Butcher Wickstrom moved, seconded by Aho, to approve Items A-I on the Consent Calendar. Motion carried 4-0. X. PUBLIC HEARINGS/MEETINGS XI. PAYMENT OF CLAIMS MOTION: Butcher Wickstrom moved, seconded by Case, to approve the payment of claims as submitted. Motion was approved on a roll call vote,with Aho,Butcher Wickstrom, Case, and Tyra-Lukens voting "aye." XII. ORDINANCES AND RESOLUTIONS CITY COUNCIL MINUTES January 3, 2017 Page 4 XIII. PETITIONS, REQUESTS AND COMMUNICATIONS XIV. APPOINTMENTS Getschow said these are the usual appointments required at the beginning of each year. A. RESOLUTION 2017-08 DESIGNATING OFFICIAL CITY NEWSPAPER MOTION: Case moved, seconded by Butcher Wickstrom, to adopt Resolution 2017-08 designating the Eden Prairie News as the official City newspaper for the year 2017. Motion carried 4-0. B. RESOLUTION 2017-09 DESIGNATING OFFICIAL MEETING DATES, TIME AND PLACE FOR THE EDEN PRAIRIE CITY COUNCIL IN 2017 AND APPOINTING ACTING MAYOR Tyra-Lukens noted the Council discussed a couple of changes in tonight's workshop session. Getschow said the August meeting would be moved from August 15 to August 8, and the November meeting would be moved from November 21 to November 14. MOTION: Butcher Wickstrom moved, seconded by Aho, to adopt Resolution 2017-09 designating the official meeting dates, time and place for the City of Eden Prairie Council in 2017 and appointing Councilmember Case the Acting Mayor. Motion carried 4-0. C. RESOLUTION 2017-10 APPOINTING COMMISSIONERS TO THE EDEN PRAIRIE HOUSING AND REDEVELOPMENT AUTHORITY MOTION: Aho moved, seconded by Butcher Wickstrom, to adopt Resolution 2017-10 appointing City Council Members to serve as Commissioners for the Eden Prairie Housing and Redevelopment Authority; and appointing Nancy Tyra- Lukens as Chair; Rick Getschow as Executive Director and Council Member Nelson as Secretary for calendar year 2017. Motion carried 4-0. D. RESOLUTION 2017-11 APPOINTING DIRECTOR AND ALTERNATE DIRECTOR TO THE SUBURBAN RATE AUTHORITY MOTION: Butcher Wickstrom moved, seconded by Aho, to adopt Resolution 2017-11 designating Robert Ellis as the Director and Council Member Case as the Alternate Director to the Suburban Rate Authority. Motion carried 4-0. E. APPOINTMENT OF MAYOR TYRA-LUKENS AS DELEGATE AND COUNCIL MEMBERS AS ALTERNATES TO NATIONAL LEAGUE OF CITIES MOTION: Case moved, seconded by Aho, to approve appointment of the Mayor CITY COUNCIL MINUTES January 3, 2017 Page 5 as Delegate and Council Members as Alternates to the National League of Cities. Motion carried 4-0. F. APPOINTMENT OF MAYOR TYRA-LUKENS TO MUNICIPAL LEGISLATIVE COMMISSION MOTION: Aho moved, seconded by Case, to approve appointment of the Mayor to the Municipal Legislative Commission. Motion carried 4-0. G. APPOINTMENT TO SOUTHWEST CABLE COMMISSION MOTION: Butcher Wickstrom moved, seconded by Case, to approve appointment of Council Member Nelson to the Southwest Cable Commission. Motion carried 4-0. H. APPOINTMENT TO EDEN PRAIRIE COMMUNITY FOUNDATION MOTION: Aho moved, seconded by Butcher Wickstrom, to approve appointment of Council Member Case to the Eden Prairie Community Foundation. Motion carried 4-0. I. APPOINTMENT TO I-494 CORRIDOR COMMISSION MOTION: Case moved, seconded by Butcher Wickstrom, to approve appointment of Council Member Aho to the I-494 Corridor Commission. Motion carried 4-0. J. APPOINTMENT TO CITY AND SCHOOL FACILITIES USE TASK FORCE MOTION: Case moved, seconded by Aho, to approve appointment of Council Member Butcher Wickstrom to the City and School Facilities Use Task Force. Motion carried 4-0. K. APPOINTMENT OF ASSISTANT WEED INSPECTOR MOTION: Butcher Wickstrom moved, seconded by Aho, to appoint Jeff Cordes as Assistant Weed Inspector for the City of Eden Prairie. Motion carried 4-0. L. RESOLUTION 2017-12 APPOINTING MUNICIPAL REPRESENTATIVES TO THE FIRE RELIEF ASSOCIATION BOARD OF TRUSTEES MOTION: Aho moved, seconded by Butcher Wickstrom, to adopt Resolution 2017- 12 appointing Council Member Case and Sue Kotchevar to the Eden Prairie Fire Relief Association. Motion carried 4-0. XV. REPORTS A. REPORTS OF COUNCIL MEMBERS CITY COUNCIL MINUTES January 3, 2017 Page 6 B. REPORT OF CITY MANAGER 1. Board and Commission Recruitment Getschow said we recruit members of our Boards and Commissions in the first three months of the year. The six Boards and Commissions play a big role in advising the City Council on a variety of topics. The Council will hear from all of the commissions in two weeks when they present their work plans for 2017 at the Council workshop. The Council interviews and then appoints the applicants to these positions. Getschow reviewed the schedule for 2017 recruitment, as follows: application process opens on January 11 with a deadline for applications on February 6; interviews with the Council on February 28 and appointments made on March 7; and appointees attend an orientation at the end of March and take their places on the Boards and Commissions in April. MOTION: Butcher Wickstrom moved, seconded by Aho, to approve the attached timeline for recruitment of Board and Commission candidates and set February 28 as the date for commission interviews. Motion carried 4- 0. C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR 1. Approve Subordinate Funding Agreement 08 for Local Work Construction with Metropolitan Council for the Southwest Light Rail Transit (SWLRT) Project Ellis said the Federal Transit Administration approved the SWLRT project for entry into engineering on December 21, 2016. This means the SWLRT project office can finalize the plans and advertise for bids. He reviewed the locally requested improvements to be made in conjunction with the SWLRT project, which included items primarily related to aesthetics of the project. The City of Eden Prairie's commitment is to pay for the improvements at a total cost of approximately$7 million. He said we approved $10 million for the improvements in the 2017-2027 Capital Improvement Plan(CIP)budget, so we are well under budget. There are grant-matching funds budgeted for adding back in the Town Center Station. Staff is asking the Council to approve the agreement with the SWLRT project office for the local work construction. MOTION: Case moved, seconded by Butcher Wickstrom, to approve Subordinate Funding Agreement 08 for Local Work Construction with CITY COUNCIL MINUTES January 3, 2017 Page 7 Metropolitan Council for the Southwest Light Rail Transit Project. Motion carried 4-0. F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XVI. OTHER BUSINESS XVII. ADJOURNMENT MOTION: Butcher Wickstrom moved, seconded by Aho, to adjourn the meeting. Motion carried 4-0. Mayor Tyra-Lukens adjourned the meeting at 7:46 PM. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar January 17, 2017 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 Commercial Kennel Paws LLC 6340 Industrial Drive #100 2017 Renewal Licenses Private Kennel Ken& Becky Beiersdorf Frank& Lyndy Newcomb Clara(Aas) Severson Robert&Lorraine Stanton Binh Vuong - 1 - CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar January 17, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development/ Adopt Resolution Supporting Timberland VIII.B. Economic Development Partners Transit Oriented Development Grant Janet Jeremiah/David Lindahl Application Requested Action Move to: Adopt resolution supporting Timberland Partners application to the Hennepin County Transit Oriented Development Program Synopsis Hennepin County's transit oriented development(TOD)program offers grants and loans for redevelopment area projects that increase ridership along transit corridors and routes. As part of the application requirements, Hennepin County requires a resolution of support from the municipality. Timberland Partners plans to redevelop 12900 and 12950 Technology Drive near SouthWest Station, which is an eligible site in the TOD program. The project includes a vertically integrated mixed use development with housing above commercial and retail space. The TOD Grant will assist Timberland Partners with acquisition of the site and infrastructure improvements. Background Hennepin County's TOD Program is an annual funding program that awarded approximately$27 million to over 100 TOD Projects since 2003. This year, $2.2 million is available with no minimum or maximum award amount. Applicants must demonstrate support from the municipality (or governing body) for their project as part of the application process. If the application is approved and funding is awarded, the City of Eden Prairie will need to approve participation in a multi jurisdictional agreement with the Hennepin County Housing and Redevelopment Authority. Eden Prairie passed a TOD Ordinance in 2016, which promotes complex land uses that are attractive, compact, pedestrian-friendly, high density, environmentally and economically sustainable. The site, which is the former location of Anchor Bank and Ruby Tuesday's, is adjacent to the future SouthWest Light Trail Transit Station and located in a TIF Redevelopment Project Area, making it a prime candidate for TOD redevelopment. Timberland Partners estimates that the development will include 222 units above approximately 10-15,000 sq. ft. of commercial space. Twenty percent of the units will be affordable to households at 50% of the area median income (AMI). Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2017- A RESOLUTION IN SUPPORTOF AN APPLICATION FOR A HENNEPIN COUNTY TRANSIT ORIENTED DEVELOPMENT (TOD) GRANT SUBMITTED BY TIMBERLAND PARTNERS FOR REDEVELOPMENT AT 12900 AND 12950 TECHNOLOGY DRIVE WHEREAS, The City of Eden Prairie acknowledges that Hennepin County Board of Commissioners has authorized approximately$2.2 million in the 2017 budget for transit oriented development projects; and WHEREAS, Timberland Partners is submitting an application requesting grant funds from the Hennepin County Transit Oriented Development Program; and WHEREAS, the grant funds will be used for eligible costs associated with the proposed redevelopment project at 12900 and 12950 Technology Drive in the City of Eden Prairie; and WHEREAS, the Hennepin County Transit Oriented Development Program Guidelines require support by the governing body of the City of Eden Prairie for submission of a grant application to the Hennepin County Transit Oriented Development Program. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,that the City of Eden Prairie, in accordance with Minnesota Statute 383B.77, subd. 3., supports Timberland Partner's submission of a Transit Oriented Development Program grant application to Hennepin County. ADOPTED by the City Council of the City of Eden Prairie this 17th day of January, 2017. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar January 17, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Finance Department Revoke the Special Assessment Adopted by VIII.C. Sue Kotchevar Resolution No. 2015-111 With Respect to Property ID Number 13-116-22-22-0013, One Southwest Crossing(OSWX). Requested Action Move to: Revoke the special assessment adopted in resolution No. 2015-1111 with respect to property ED number 13-116-22-22-0013 for One Southwest Crossing(OSWX). Synopsis To finance and manage PACE improvements, the City entered into a joint powers agreement on 11/19/2013 with the St. Paul Port Authority to implement the PACE program in Eden Prairie. This agreement was amended on 11/17/2015. As part of the agreement the City agreed to place special assessments on the properties to finance PACE projects. The St. Paul Port Authority has completed its second PACE project for the City of Eden Prairie with OSWX Property, LLC located at 11095 Viking Drive. The project was a $2,000,000 energy retrofit of mechanical, DDC controls and lighting systems. The St. Paul Port Authority is now requesting the City revoke the related special assessment for the project as the project is not going to move forward. Background The PACE program was created in 2008 to address barriers of retrofitting buildings to be more energy efficient. The program allows property owners to borrow money from newly established municipal financing districts to finance energy retrofits (efficiency and renewable energy measures) and repay the loan through an annual special tax on their property bill. 31 states and the District of Columbia have adopted legislation that enables local governments to offer PACE benefits to building owners. The 2010 Minnesota legislation specific to PACE allows local governments to offer PACE programs and to designate another authority as the implementing entity. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2017- REVOKING SPECIAL ASSESSMENT WHEREAS, Minnesota Statues §§ 216C.435 and 216C.436 ("the Act") authorizes the City of Eden Prairie to finance energy improvements using special assessments on residential, commercial and industrial properties where owners have petitioned for special assessments to repay the financing; and WHEREAS, the City of Eden Prairie entered into an Amended and Restated Joint Powers Agreement with the Port Authority of the City of Saint Paul on or about November 17, 2015, to administer the Act on behalf of the City; and WHEREAS, the City of Eden Prairie agreed to impose special assessments pursuant to Minnesota Statutes, Chapter 429 to pay for the energy improvements; and WHEREAS, on or about November 6, 2015, the City of Eden Prairie received a Special Assessment Petition from OSWX Property, LLC ("Property Owner"), an Arizona Limited Liability Company, signed by Michael M. Moore, Manager of OSWX Property, LLC through separate LLC, waiving its rights to a special assessment hearing and petitioning for a special assessment to repay the cost of certain energy improvements; and WHEREAS, the City of Eden Prairie received a Special Assessment Waiver, waiving Property Owner's rights to appeal the assessment; and WHEREAS, on November 17, 2015, the City Council adopted Resolution No. 2015-111 approving the Special Assessment Agreement with the Property Owner and adopting a special assessment in the principal amount of$2,000,000; and WHEREAS, the Property Owner has decided to not proceed with the energy improvements and has requested that the City revoke the special assessment. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA: 1. The special assessment adopted in Resolution No. 2015-111 with respect to Property ID Number 13-116-22-22-0013 is hereby revoked. 2. The City Clerk shall forthwith transmit a certified duplicate of this Resolution to the County to remove the assessment from the property tax lists of the County. ADOPTED by the City Council of the City of Eden Prairie, on this 17t''day of January,2017. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar January 17, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: #13-5844 ITEM NO.: Rod Rue Approve Professional Services Agreement VIII.D. Public Works/Engineering with SRF Consulting Group, Inc. for Design Services for the Eden Prairie Road Extension Project Requested Action Move to: Approve Professional Services Agreement with SRF Consulting Group, Inc. for Design Services for the Eden Prairie Road Extension Project. Synopsis This Professional Services Agreement will provide design services for the extension of Eden Prairie Road from its current roadway reconstruction location which is approximately 400 feet south of Frederick Place to CSAH No. 61 (Flying Cloud Drive). In addition, the design work will include the extension of city utilities to serve the adjacent residential properties and the Lion's Tap restaurant site. The Feasibility Report for these improvements will be presented to the public and the City Council within the next month or two. The early design work will help to define project costs particularly with grading and retaining wall options. The anticipated schedule is to construct the proposed improvements in 2018 concurrent with the CSAH No. 61 (Flying Cloud Drive) improvements. Background Information The city staff has been discussing with the area residents and Lion's Tap owners the anticipated street and utility improvements for this area. The engineering design work will provide a better understanding of project impacts to adjacent properties in order to address solutions. The proposed schedule for the design portion of the project is to present the feasibility report in late winter, complete the preliminary design by early spring, identify and acquire right-of-way this spring/summer, complete the final project design by late summer, and bid the project next winter. Financial Implications The Professional Services Agreement with SRF Consulting Group has an estimated cost of $315,856. The preliminary construction cost estimate $3.3 million with the total project costs being approximately$4.4M. The primary funding sources for the project will be from Municipal State Aid funds, city utility funds, and special assessments. Attachment Professional Services Agreement Standard Agreement for Professional Services This Agreement ("Agreement") is made on the 17th day of January 20 17 , between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and SRF Consulting Group, Inc. , a Minnesota corporation (hereinafter "Consultant") whose business address is One Carlson Parkway North, Plymouth, MN 5447-4443. 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 Final Design Services for Eden Prairie Road Extension to CSAH No. 61 (Flying Cloud Drive) (I.C. 13-5844) 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 ( attached scope of services ) 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 January 17, 2017 through March 31, 2018 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 $315,856.00 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 _Matt Hansen and Steve Miller 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 SRF Consulting Group, Inc. By: Its: C Standard Agreement for Professional Services 2014.04 Page 8 of 8 EXHIBIT A 5111 t4 Mr. Rodney Rue, PE January 10, 2017 City Engineer City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 Subject: Proposal for Professional Services for Eden Prairie Road Final Design Dear Mr. Rue: It is SRF Consulting Group, Inc.'s (SRF) understanding that the City is currently nearing completion of the Feasibility Study for Eden Prairie Road from Flying Cloud Drive to approximately 500 feet south of Frederick Place. Based on our recent discussions,we understand that the City is requesting our professional engineering services to advance the design process from the feasibility phase to the final design phase, allowing for bidding in Fall 2017. SCOPE OF WORK We propose to carry out the work as described in the attached detailed scope of services. Our work will include all design tasks necessary to deliver a final plan, specification and estimate for the reconstruction of Eden Prairie Road. The proposed project includes Eden Prairie Road street and utilities and the sanitary lift station facilities in the area near the Lions Tap Restaurant at Spring Road. PROJECT TEAM A brief description of our key team members is presented on the following pages. City of Es - Project Partners Rod Rue,PE • City of Eden Prairie Matt Hansen,PE,LS • Riley-Purgatory Creek Watershed District Project Principal • Hennepin County Steven Miller,PE Project Manager Survey Water Resources Roadway& Utilities Michael Juliff Dean Dusheck,L5 Bob Leba,PE Frank Brodeen Retaining Walls Lift Station Right of Way Geotechnical Review Steve McHenry,PE Jamison Beisswenger,PE Ken Helvey Joe Korzilius,PE Walter Eshenaur,PE www.srfconsulting.com One Carlson Parkway North,Suite 150 I Minneapolis,MN 55447-4443 1763.475.0010 Fax:763.475.2429 An Equal Opportunity Employer Mr.Rodney Rue,PE -2- January 10,2017 City of Eden Prairie Matthew Hansen, PE, LS, Principal I Project Principal Matt has 26 years of experience with roadway and utility improvement projects, including municipal streets and utilities and County State Aid and Trunk Highway design projects. He frequently manages complex municipal improvement projects and coordinates them through multiple agency reviews and approvals. He previously oversaw the Shady Oak Road and West 70th Street Projects in Eden Prairie. Matt will serve as the Project Principal,ensuring QA/QC is completed throughout the project's duration. Steven Miller, PE, Senior Associate I Project Manager Steve has 20 years of civil engineering experience involving municipal and highway projects. His engineering background includes project management, site design, roadway design, drainage, construction document preparation and construction observation. Steve has extensive experience in preparing contract documents for federally funded projects. Steve also has 13 years of municipal and highway construction experience and applies that experience to practical design. With his extensive experience with municipal design projects, Steve will lead the team and serve as Project Manager. Bob Leba, PE, Senior Associate I Water Resources Bob has 19 years of experience in civil engineering,with expertise in drainage design. In addition,he has experience working with regulatory agencies to successfully obtain wetland, water quality, and erosion control related permits. His expertise includes the design of storm sewer systems, retention ponds, and open channels as well as hydraulic/hydrologic modeling and implementing best management practices for rural and urban highway projects. Steve McHenry, PE, Senior Associate I Electrical Controls Design for Lift Station Steve is an experienced electrical engineer with 30 years of design and management expertise in electrical engineering, ITS, National Transportation Communication for ITS Protocol, control systems for lift stations, and solar power systems. Steve has expert knowledge in solar power systems for portable equipment and small-scale (<4kW) off-grid installations including battery power (FLA,AGM, GEL) and inverter/UPS variations. Walter Eshenaur, PE, Senior Associate I Sanitary Lift Station Design Walter has 30 years of experience in water resources, including hydrology, hydraulics and design of stormwater management systems and highway and watershed erosion control methods. He also has experience assessing and treating water quality and applying innovative best management practices (BMPs) and bioengineering solutions to the treatment of surface water runoff. Walter has designed lift stations for the Cities of Eden Prairie,Moorhead,Arden Hills,Wayzata, and Eagan. Jamison Beisswenger, PE, PTOE, Senior Associate I Retaining Walls Jamison has 13 years of experience designing and managing structural engineering projects. He has been involved in a wide variety of projects ranging from designing MSE and CIP retaining walls to post- tensioned concrete box bridges and steel and prestress concrete bridges, to load rating steel trusses, rehabilitation of fracture-critical bridges, and performing structural evaluation inspections. Ken Helvey, Principal I Right of Way Ken leads SRF's Real Estate Services Group and manages the acquisition, relocation, and appraisal processes for infrastructure projects. Ken has worked closely with the Minnesota Department of Transportation as well as many local, municipal, county and state agencies and non-profit associations. Mr.Rodney Rue,PE -3- January 10,2017 City of Eden Prairie SCHEDULE We have developed a project schedule (see attached) that reflects the City's goal of bidding Eden Prairie Road in 2017. The project schedule is attainable through close coordination with City staff and project stakeholders. BASIS OF PAYMENT/BUDGET We propose to be reimbursed for our services on an hourly basis for the actual time expended using our established rates for the City. Other direct expenses such as printing, supplies, reproduction, etc. will be billed at cost, and mileage will be billed at the current allowable IRS rate for business miles. Invoices are submitted on a monthly basis for work performed during the previous month. The estimated cost for providing services for the Eden Prairie Road project is $315,856 and we have attached a detailed work plan that includes a cost summary for each task. We have included an estimate of hours based on our experience with similar projects. Our fee is based on our proposed detailed work plan that was reviewed with City staff and our current understanding of the project. CHANGES IN SCOPE OF SERVICES It is understood that if the scope or extent of work changes, the cost will be adjusted accordingly. Before any out-of-scope work is initiated,however,we will submit a budget request for the new work and will not begin work until we receive authorization from you. ACCEPTANCE/NOTICE TO PROCEED A signed Professional Services Agreement with a copy of this proposal,mailed or emailed to our office, will serve as acceptance of this proposal and our notice to proceed. We sincerely appreciate your consideration of this proposal and look forward to working with you on this important project. Please contact us if you have any questions or need additional information. Sincerely, Matthew D. Hansen,PE (MN ID),LS (MN IA) Kenneth A. Holte,PE (MN WI IA) Principal Vice President Attachments: Project Schedule Rate Schedule Detailed Work Plan This cost proposal is valid for a period of 90 days. SRF reserves the right to adjust its cost estimate after 90 days from the date of this proposal. SRF Proposal#10150.PP PROJECT SCHEDULE Eden Prairie Road - City of Eden Prairie 2017 Schedule I in Feb Mar Apr May Jun , July Aug Sep Oct Nov le Authorization to Proceed * Gather Data/Site Visit Preliminary Design: Roadway, Utilities, Retaining Wall Geotechnicol Coordination Construction Limits Established Final Design (Plans,Specs,and Estimate) Permitting Right-of-Way -Finalize RW Needs; Prepare Exhibits and Sketches -Appraisals -Make Offers -Negotiations -File Condemnation -Tide and Possession Plan Approval -Advertise for Bids-Bid Opening -Award Contract Construction T} SR F CONSULTING GROUP,INC. RANGE OF HOURLY BILLING RATES JANUARY 2017 THROUGH DECEMBER 2017 SENIOR PRINCIPAL $229 PRINCIPAL $148 - $226 SENIOR ASSOCIATE $120 - $197 ASSOCIATE $103 - $176 SENIOR PROFESSIONAL MIS Specialist $104 - $164 Engineer $ 79 - $148 Landscape Architect $ 77 - $148 Banner $ 77 - $148 GRADUATE Engineer $ 67 - $120 Hydrdogist $ 67 - $120 Landscape Designer $ 67 - $120 Banner $ 67 - $120 TECHNICAL Safety Specialist $103 - $178 Engineering Specialist $ 93 - $143 Right-of-Way Specialist,Senior $ 81 - $138 Right-of-Way Specialist $ 67 - $115 CADD/Field Technician,Principal $ 85 - $143 CADD/Field Technician,Senior $ 71 - $120 CADD/Field Technician $ 45 - $100 Survey Technician,Principal $ 85 - $143 Survey Technician,Senior $ 71 - $120 Survey/Traffic Technician $ 44 - $ 96 PRODUCTION WEB Designer,Principal $ 85 - $130 Graphics Technician,Principal $ 79 - $136 Graphics Technician,Senior $ 72 - $120 Graphics Technician $ 45 - $101 Sr.Editor $ 88 - $134 Editor $ 71 - $116 MmnistrativeAssistant $ 62 - $107 Word Processor $ 56 - $ 94 Clerical $ 46 - $ 91 The Range of Hourly Rates schedule is subject to change annualy. Direct protect related expenses are bulled at actual cost and mieage is died at a rate riot to exceed the current allowable IRS rate for busness miles. 1/10/2017 Page 1 of 15 SRF Consulting Group, Inc. Work Tasks and Person-Hour Estimates 11141414 Client: CITY OF EDEN PRAIRIE Project: FINAL PS&E FOR EDEN PRAIRIE ROAD FROM FLYING CLOUD DRIVE TO 400 FEET SOUTH OF FREDRICK PLACE Consulting Group,Inc. 10150.PP Subconsultants: TASK NO. SUMMARY OF TASKS Proiect Overview: 1 PROJECT MANAGEMENT THIS PROJECT IS THE FINAL DESIGN PHASE THAT WILL RECONSTRUCT APPROXIMATELY 1,600'OF EDEN PRAIRIE ROAD 2 QUALITY CONTROL/QUALITY ASSURANCE FROM FLYING CLOUD ROAD TO APPROXIMATELY 400'FEET SOUTH OF FREDRICK PLACE. PREVIOUS DESIGN WORK 3 DESIGN COORDINATION MEETINGS/PUBLIC INVOLVEMENT INCLUDED COMPLETION OF THE FEASIBILITY PHASE FOR THE IMPROVEMENTS(FEASIBILITY REPORT BY OTHERS). THE 4 SURVEYING AND MAPPING PROJECT INCLUDES LENGTHENING OF THE EXISTING ROADWAY TO MINIMIZE THE GRADE ALONG THE STEEP 5 EASEMENT DESCRIPTIONS AND SKETCHES TOPOGRAPHY,RETAINING WALL CONSTRUCTION,PEDESTRIAN TRAIL FACILITIES,A SANITARY PUMP STATION,SANITARY 6 RIGHT OF WAY ACQUISTION SEWER AND WATER MAIN CONSTRUCTION. CONSTRUCTION OF THE PROJECT IS ANTICIPATED TO BE CONCURRENT WITH 7 PRIVATE UTILITY COORDINATION THE RECONSTRUCTION OF FLYING CLOUD DRIVE BY HENNEPIN COUNTY IN LATE 2017 AND THROUGHOUT 2018. 8 GEOTECHNICAL REVIEW AND COORDINATION 9 SANITARY LIFT STATION DESIGN 10 LIFT STATION ELECTRICAL/CONTROLS DESIGN 11 RETAINING WALL TYPE STUDY 12 STRUCTURAL DESIGN/RETAINING WALLS 13 WATER RESOURCES DESIGN 14 PRELIMINARY ROADWAY DESIGN(60%PLAN SET) 15 FINAL ROADWAY DESIGN(95%PLANS AND SPECIFICATIONS) 16 BID READY CONSTRUCTION DOCUMENTS(100%PLANS AND SPECIFICATIONS) 17 PERMITS 18 BIDDING ADMINISTRATION FINAL_10150.PP Eden Prairie Road Scope_170110.xlsx SRF CONSULTING GROUP,INC. ENGINEERS AND PLANNERS MINNEAPOLIS.MN 1/10/2017 Page 2 of 15 SRF Consulting Group, Inc. Work Tasks and Person-Hour Estimates t � Client: CITY OF EDEN PRAIRIE Project: FINAL PS&E FOR EDEN PRAIRIE ROAD FROM FLYING CLOUD DRIVE TO 400 FEET SOUTH OF FREDRICK PLACE Consulting Group,Inc. 1111111 10150.PP TASK NO. TASK DESCRIPTION PRINCIPAL SR.ASSOC. ASSOCIATE SR.PROF PROF. TECHNICAL CLERICAL TOTALS EST.FEE 1.0 PROJECT MANAGEMENT This task focuses on effective coordination of the project work to expedite the decision-making process and maintain the scheduled completion dates. It assumes Consultant involvement from initial design work to Project bidding and award to contractor(December 2017),to the beginning of the construction phase (March 2017). Assumptions: -Project will be designed using MnDOT State Aid and City of Eden Prairie Standards. -Final construction documents will be completed by September 1,2017. -Project will be bid in fall 2017 and constructed in late 2017 and throughout 2018. -Project will be funded by local funding mechanisms and project plan approvals involve State Aid and the City of Eden Prairie. -Plan development submittals to the City of Eden Prairie will be made at the 60%, 95%and 100%stages of design. 1.1 General day-to-day project management and administration including work 24 80 0 0 0 0 0 104 $16,128 planning,staff scheduling and coordination of tasks. 1.2 Establish on-going project coordination with Eden Prairie keeping city staff 0 24 0 0 0 0 0 24 $3,528 informed of the project status for the entire length of the project.Coordinate project activities with the following as necessary: -City of Eden Prairie -Hennepin County -Riley Purgatory Bluff Creek Watershed District -Private utilities within the project area -Property owners along the project corridor -Other agencies as required 1.3 Prepare monthly progress reports. 12 0 0 0 0 0 0 12 $2,184 SRF Deliverables: Monthly progress reports SUBTOTAL-TASK 1 36 104 0 0 0 0 0 140 $21,840 FINAL_10150.PP Eden Prairie Road Scope_170110.xlsx SRF CONSULTING GROUP,INC. ENGINEERS AND PLANNERS MINNEAPOLIS.MN 1/10/2017 Page 3 of 15 SRF Consulting Group, Inc. Work Tasks and Person-Hour Estimates le ;�Client: CITY OF EDEN PRAIRIEProject: FINAL PS&E FOR EDEN PRAIRIE ROAD FROM FLYING CLOUD DRIVE TO 400 FEET SOUTH OF FREDRICK PLACE Group,Inc. 1111111 10150.PP TASK NO. TASK DESCRIPTION PRINCIPAL SR.ASSOC. ASSOCIATE SR.PROF PROF. TECHNICAL CLERICAL TOTALS EST.FEE 2.0 QUALITY CONTROL/QUALITY ASSURANCE Assumptions: Conduct internal QA/QC peer reviews during the project.Assumes over the shoulder QA/QC review process. 2.1 The project team will perform QA/QC functions throughout the project duration to 1 8 0 0 0 0 0 9 $1,358 ensure delivery of a quality product in a timely manner.Set up QA/QC plan. (Actual hours for QC included in design tasks.) SUBTOTAL-TASK2 1 8 0 0 0 0 0 9 $1,358 3.0 DESIGN COORDINATION MEETINGS/PUBLIC INVOLVEMENT Assumptions: -SRF to prepare for and attend design and coordination meetings as necessary -Assumes no organized public information meetings are anticipated. 3.1 Design review meetings.Assume 3 SRF staff per meeting,2 hours per mtg,2 4 64 0 32 0 0 0 100 $13,496 times a month for 8 months(January thru August). 3.2 Design coordination meetings with stakeholders. Stakeholders include City staff, 2 12 0 6 0 0 0 20 $2,758 Hennepin County,Riley Purgatory Bluff Creek Watershed District,and adjacent property owners as needed(assume 3 meetings,3 SRF staff per meeting,2 hour per mtg). 3.3 Meetings with individual property owners(8 meetings assumed,1 staff,3 hours 0 24 0 0 0 4 0 28 $3,928 each) SUBTOTAL-TASK 3 6 100 0 38 0 4 0 148 $20,182 4.0 SURVEYING AND MAPPING Client Deliverables: -City to provide all available base mapping,including plats. 4.1 Perform topographic field surveys as required for design purposes.Locate visible 0 4 0 0 0 60 0 64 $6,588 above ground utilities and field markings left by utility owners.Includes tree survey to locate significant trees(12-inch and larger deciduous,8-inch and larger coniferous);includes identification of heritage trees.Does not include tree identification. 4.2 Prepare existing right of way basemap showing property lines and existing right of 0 12 0 0 0 30 0 42 $4,764 way.Includes developing a right of way CAD file from plats provided by City. FINAL_10150.PP Eden Prairie Road Scope_170110.xlsx SRF CONSULTING GROUP,INC. ENGINEERS AND PLANNERS MINNEAPOLIS.MN 1/10/2017 Page 4 of 15 SRF Consulting Group, Inc. Work Tasks and Person-Hour Estimates le ;�Client: CITY OF EDEN PRAIRIEProject: FINAL PS&E FOR EDEN PRAIRIE ROAD FROM FLYING CLOUD DRIVE TO 400 FEET SOUTH OF FREDRICK PLACE Group,Inc. 11111 10150.PP TASK NO. TASK DESCRIPTION PRINCIPAL SR.ASSOC. ASSOCIATE SR.PROF PROF. TECHNICAL CLERICAL TOTALS EST.FEE 4.3 Based on project design and construction limits,add proposed right of way and 0 4 0 0 0 20 0 24 $2,588 necessary permanent and/or temporary easements to right of way basemap. 4.4 Proposed easement staking:Perform field surveying to stake existing and 0 8 0 0 0 16 0 24 $2,776 proposed right of way or easements to assist in appraisals and right of way negotiations.Assume 8 parcels. 4.5 Prepare a digital terrain model(DTM). 0 2 0 0 0 8 0 10 $1,094 SUBTOTAL-TASK 4 0 30 0 0 0 134 0 164 $17,810 5.0 EASEMENT DESCRIPTIONS AND SKETCHES Assumptions: -Assume easements will be needed from 8 parcels within project area. 5.1 Prepare easement descriptions and exhibits. 0 12 0 0 0 12 2 26 $3,116 SRF Deliverables: -Easement descriptions and exhibits for 8 parcels. SUBTOTAL-TASK 5 0 12 0 0 0 12 2 26 $3,116 6.0 RIGHT OF WAY ACQUISTION Assumptions: -8 Parcels.Each parcel has a Temporary Easement and a Permanent Easement or Fee acquisition -Appraisals and Titles furnished by the City.(Typically these items have been provide by the City or City Attorney.)The City will also record documents and pay any recording fees. -Assumes that SRF will obtain one lender consent/subordination per parcel (including up to$350 per parcel in service fees to the bank) Client Deliverables: -Appraisals and Titles furnished by the City. 6.1 Project Administration including the following: 8 18 0 0 0 0 0 26 $4,102 -Project Management -Initial contact letter -Monthly Project Status Worksheet -Just Compensation Memos 6.2 Negotiation Services including the following: 0 30 0 0 85 0 0 115 $11,805 -Field Title -Offer packages -Offers(review-mail) -Good Faith Negotiations -Administrative Settlements FINAL_10150.PP Eden Prairie Road Scope_170110.xlsx SRF CONSULTING GROUP,INC. ENGINEERS AND PLANNERS MINNEAPOLIS.MN 1/10/2017 Page 5 of 15 SRF Consulting Group, Inc. Work Tasks and Person-Hour Estimates le ;�Client: CITY OF EDEN PRAIRIEProject: FINAL PS&E FOR EDEN PRAIRIE ROAD FROM FLYING CLOUD DRIVE TO 400 FEET SOUTH OF FREDRICK PLACE Group,Inc. 1111111 10150.PP TASK NO. TASK DESCRIPTION PRINCIPAL SR.ASSOC. ASSOCIATE SR.PROF PROF. TECHNICAL CLERICAL TOTALS EST.FEE -Mortgage Involvement(assumed 8 mortgage companies-permanent easement parcels) -Last Written Offers SRF Deliverables: -Completed parcel files ready for audit. SUBTOTAL-TASK 6 8 48 0 0 85 0 0 141 $15,907 7.0 PRIVATE UTILITY COORDINATION Assumptions: -Utility information and mapping will correspond to Utility Quality Level D as defined in Cl/ASCE 38-02"Standard Guidelines for the Collection and Depiction of Existing Subsurface Utility Data" -Assume 2 meetings with private utility company representatives prior to bidding. -Any relocation of private utilities will be coordinated by the utility owners. 7.1 Coordinate with Gopher State One Call to locate all utilities in the project area. 0 0 0 0 10 8 0 18 $1,670 Prepare final utility plans and tabulations showing identified inplace public and private utilities located within the proposed construction limits. 7.2 Conduct surveys to locate field marking placed by utility owners(hours for this 0 0 0 0 0 0 0 0 $0 shown in Task 4.1). 7.3 Distribute draft design plans to utility representatives for review and comment. 0 0 0 0 8 2 0 10 $896 7.4 Prepare for,arrange,and conduct two Utility Coordination meetings to review 0 4 0 0 8 0 0 12 $1,284 utility locations,communicate project schedule and staging,and respond to utility owner questions and concerns.Assume 1 SRF staff person and 2 hours per meeting. 7.5 Coordinate and assist utility companies with relocation locations.Assume 0 4 0 0 8 0 0 12 $1,284 relocations can be accommodated within boulevard of proposed roadway. SUBTOTAL-TASK 7 0 8 0 0 34 10 0 52 $5,134 FINAL_10150.PP Eden Prairie Road Scope_170110.xlsx SRF CONSULTING GROUP,INC. ENGINEERS AND PLANNERS MINNEAPOLIS.MN 1/10/2017 Page 6 of 15 SRF Consulting Group, Inc. Work Tasks and Person-Hour Estimates Client: CITY OF EDEN PRAIRIE Project: FINAL PS&E FOR EDEN PRAIRIE ROAD FROM FLYING CLOUD DRIVE TO 400 FEET SOUTH OF FREDRICK PLACE Consulting Group,Inc. 11111 10150.PP TASK NO. TASK DESCRIPTION PRINCIPAL SR.ASSOC. ASSOCIATE SR.PROF PROF. TECHNICAL CLERICAL TOTALS EST.FEE 8.0 GEOTECHNICAL REVIEW AND COORDINATION Assumptions: -City will contract directly with Braun Intertec for geotechnical engineering services. -Soil borings for proposed retaining wall will be taken in two phases.Phase one will include borings in the general location of the proposed wall.Phase two borings will be taken after the wall type and approximate location have been determined. 8.1 Coordinate with geotechnical engineer and participate in a project field visit. 2 2 0 0 0 0 0 4 $658 Identify project limits and assist with soil boring layout.Assume 2 SRF staff and 2 hour field meeting. 8.2 Review geotechnical reports and provide review comments. Confirm R value 0 28 0 0 0 0 0 28 $4,116 recommendations and sub surface soil corrections.Also includes review of the FADR/MDR letters. SUBTOTAL-TASK 8 2 30 0 0 0 0 0 32 $4,774 9.0 SANITARY LIFT STATION DESIGN Assumptions: -Lift station will be located approximately as shown on the SEH plan dated 9/30/2016. -Forcemain and gravity main along CSAH 61 will be constructed with the Henn Co CSAH 61 project and are assumed to be in place for the Eden Prairie Road project. Extending forcemain to final discharge point will be necessary. -Lift station will consist of round concrete structures,duplex submersible pumps, custom designed top slabs with hatches,no grinder. -Average and peak sanitary flows will be determined together with the City. -In-construction support is not included in this work. Client Deliverables: -Sanitary pipeshed for determining flows. Signature on MPCA sanitary permit application and any associated fees. -Soil borings 9.1 Work with the City to determine sanitary sewer pipeshed and calculate average 1 2 0 32 0 0 0 35 $3,836 and peak sanitary flows. Review soil boring logs and reports and other data pertinent to lift station design. Includes site visit and meeting with public works utilities staff to discuss their design requirements.Assume 2 SRF staff at 2 meetings and 2 hours per meeting. 9.2 Finalize lift station and valve vault locations and connections with existing gravity 1 2 0 8 0 0 0 11 $1,316 and forcemain pipes. Includes coordination of final forcemain discharge point with City. FINAL_10150.PP Eden Prairie Road Scope_170110.xlsx SRF CONSULTING GROUP,INC. ENGINEERS AND PLANNERS MINNEAPOLIS.MN 1/10/2017 Page 7 of 15 SRF Consulting Group, Inc. Work Tasks and Person-Hour Estimates le ;�Client: CITY OF EDEN PRAIRIEProject: FINAL PS&E FOR EDEN PRAIRIE ROAD FROM FLYING CLOUD DRIVE TO 400 FEET SOUTH OF FREDRICK PLACE Group,Inc. 1111111 10150.PP TASK NO. TASK DESCRIPTION PRINCIPAL SR.ASSOC. ASSOCIATE SR.PROF PROF. TECHNICAL CLERICAL TOTALS EST.FEE 9.3 Lift station design. Includes sizing of lift station wet well and valve vault, 1 4 0 40 0 0 0 45 $4,970 buoyancy calculations,and preliminary point elevations. Structural design included in Task 9.9. 9.4 Complete pump design and selection using Flygt pumps,coordinate with Flygt 0 4 0 20 0 0 0 24 $2,688 pump supplier for final selection and specifications. Lift Station Control Panel Design and Electrical design included in Task 10. 9.5 Prepare lift station construction drawings including site plan,final lift station 1 4 4 20 0 50 0 79 $8,334 elevations and sections,details,grading and point elevations,forcemain extension plan and profile. 9.6 Complete MCES Sanitary Sewer Extension permit,submit to City for signatures 0 2 0 8 0 0 0 10 $1,134 and formal submittal,respond to questions from City and MCES.Assume City pays any permit fees. 9.7 Develop lift station special provisions. 0 4 0 16 0 0 0 20 $2,268 9.8 Write and submit a brief lift station Basis of Design matrix. Includes one revision 1 2 0 16 0 0 2 21 $2,308 based on City staff review. 9.9 Design and prepare lift station structural drawings and specifications for: 0 2 16 0 32 20 0 70 $6,934 -1 wet well and 1 valve vault precast top slab with hatches -1 foundation/buoyancy slab placed underneath wet well manhole -1 Slab on grade apron that surrounds the lift station SRF Deliverables: Lift station construction drawings and specifications Lift station Basis of Design matrix SUBTOTAL-TASK 9 5 26 20 160 32 70 2 315 $33,788 10.0 LIFT STATION ELECTRICAL/CONTROLS DESIGN Assumptions: -Lift station will be located approximately as shown on the SEH plan dated 9/30/2016. -Lift station electrical equipment and controls to be contained in a pad mounted lockable electrical enclosure(no building) -Design to include PS&E for electrical service&power distribution equipment, conduit and wiring;VFD and motor design with sensor and control equipment callouts,conduit and wiring;control system descriptive,operational and performance specification. Control system detail documentation will be required as part of submittal,SRF to review and approve. No PLC programming will be done by SRF. -Shop drawing review of electrical equipment and control system is not included, but will be required in the Construction Administration phase -Assumes no area lighting -Assumes no area security cameras -Assumes backup generator receptacle only FINAL_10150.PP Eden Prairie Road Scope_170110.xlsx SRF CONSULTING GROUP,INC. ENGINEERS AND PLANNERS MINNEAPOLIS.MN 1/10/2017 Page 8 of 15 SRF Consulting Group, Inc. Work Tasks and Person-Hour Estimates le ;�Client: CITY OF EDEN PRAIRIEProject: FINAL PS&E FOR EDEN PRAIRIE ROAD FROM FLYING CLOUD DRIVE TO 400 FEET SOUTH OF FREDRICK PLACE Group,Inc. 11111 10150.PP TASK NO. TASK DESCRIPTION PRINCIPAL SR.ASSOC. ASSOCIATE SR.PROF PROF. TECHNICAL CLERICAL TOTALS EST.FEE Client Deliverables: -Plan review and comments. 10.1 Site visit and meeting with public works utilities staff to discuss their design, 0 4 0 0 4 0 0 8 $936 operations and maintenance requirements and one follow-up meeting.Assumes 2 meetings total,2 SRF staff per meeting and 2 hours/mtg&travel. 10.2 Electrical service and utility coordination 0 2 0 0 4 0 0 6 $642 10.3 Construction plans(60%,90%and 100%submittals)for site electrical service, 0 10 0 0 24 32 0 66 $6,758 equipment cabinet,VFD/motor,control equipment,conduit and wiring 10.4 Incorporate review comments and update plans.Submit 100%plans for approval. 0 4 0 0 8 12 0 24 $2,484 10.5 Preliminary and final engineers cost estimate 0 2 0 0 4 4 0 10 $1,042 10.6 Electrical and controls equipment specifications 0 4 0 0 8 0 0 12 $1,284 SRF Deliverables: Lift station electrical equipment construction drawings,specifications,and engineers estimate of construction costs. SUBTOTAL-TASK 10 0 26 0 0 52 48 0 126 $13,146 11.0 RETAINING WALL TYPE STUDY Assumptions: -Retaining wall under consideration is based on the wall location shown on the preliminary Eden Prairie Rd and Flying Cloud Dr.Connection Feasibility Plan and Profile Drawing. Client Deliverables: -Soil Boring Information 11.1 Prepare preliminary wall layouts(plan&profile)figures for the following wall 0 0 40 0 40 80 0 160 $16,120 types/options: -Single Cast-In-Place Concrete Retaining Wall -Tiered Cast-In-Place Concrete Retaining Wall -Anchored Soldier Pile Retaining Wall -Mechanically Stabilized Earth Retaining Wall -Graded Slope(No Wall) FINAL_10150.PP Eden Prairie Road Scope_170110.xlsx SRF CONSULTING GROUP,INC. ENGINEERS AND PLANNERS MINNEAPOLIS.MN 1/10/2017 Page 9 of 15 SRF Consulting Group, Inc. Work Tasks and Person-Hour Estimates le ;�Client: CITY OF EDEN PRAIRIEProject: FINAL PS&E FOR EDEN PRAIRIE ROAD FROM FLYING CLOUD DRIVE TO 400 FEET SOUTH OF FREDRICK PLACE Group,Inc. 11111 10150.PP TASK NO. TASK DESCRIPTION PRINCIPAL SR.ASSOC. ASSOCIATE SR.PROF PROF. TECHNICAL CLERICAL TOTALS EST.FEE 11.2 Develop preliminary(concept-level)cost estimates for each wall type in Task 0 8 16 0 0 0 0 24 $3,032 11.1. 11.3 Prepare a retaining wall type study memo/report describing each wall type/option 0 8 24 0 0 0 8 40 $4,568 in Task 11.1.The memo/report will give cost estimates for each wall type/option and recommend a wall type. SRF Deliverables: -Retaining Wall Type Study Memo/Report SUBTOTAL-TASK 11 0 16 80 0 40 80 8 224 $23,720 12.0 STRUCTURAL DESIGN/RETAINING WALLS Assumptions: -For scoping purposes,assumes the structural design of a tiered Cast-In-Place Retaining Wall with a combined total length of up to 2000 Linear Feet. Client Deliverables: -Selected Wall Type -Geotechnical Report 12.1 Prepare 60%wall construction plans for the selected retaining wall option. Plans 0 8 12 0 40 50 0 110 $11,048 will include: -General Plan&Elevation Sheet(2) -Wall Geometry -Wall Aesthetic Details 12.2 Prepare 95%wall construction plans which will include information in the 60% 0 8 36 0 80 50 0 174 $17,312 plan,review comments from the 60%submittal,and: -Reinforcement Details -Pile Layouts(if required) -Summary of Retaining Wall Quantities 12.3 Prepare 100%wall construction plans revised per the City's comments 0 4 8 0 8 8 0 28 $3,012 12.4 Prepare retaining wall technical special provisions. 0 4 24 0 0 0 4 32 $3,676 12.5 Prepare engineer's cost estimate for selected retaining wall option. 0 4 8 0 0 0 0 12 $1,516 SRF Deliverables: -Retaining Wall Plans,Specifications,and Estimates SUBTOTAL-TASK 12 0 28 88 0 128 108 4 356 $36,564 FINAL_10150.PP Eden Prairie Road Scope_170110.xlsx SRF CONSULTING GROUP,INC. ENGINEERS AND PLANNERS MINNEAPOLIS.MN 1/10/2017 Page 10 of 15 SRF Consulting Group, Inc. Work Tasks and Person-Hour Estimates Client: CITY OF EDEN PRAIRIE Project: FINAL PS&E FOR EDEN PRAIRIE ROAD FROM FLYING CLOUD DRIVE TO 400 FEET SOUTH OF FREDRICK PLACE Consulting Group,Inc. 1111111 10150.PP TASK NO. TASK DESCRIPTION PRINCIPAL SR.ASSOC. ASSOCIATE SR.PROF PROF. TECHNICAL CLERICAL TOTALS EST.FEE 13.0 WATER RESOURCES DESIGN Assumptions: -HydroCAD will be utilized for hydrologic and hydraulic modeling of storm water BMPs. -Treatment efficiencies of storm water BMPs,as needed to verify compliance with applicable rules,permits and ordinances,will be determined utilizing the MIDS calculator. -No hydraulic report is required.A drainage area map,hydraulic modeling results, storm sewer and catch basin spacing computations,and a treatment summary will be provided for documentation -One BMP will be required to meet the requirements of the regulatory agencies -The BMP will be designed to meet the infiltration and water quality requirements of the Riley Purgatory Bluff Creek Watershed District. The ponds designed by Hennepin County located at the CSAH 61 and Eden Prairie Rd.intersection will provide rate control for the Eden Prairie Rd.construction project.Any modifications to the County designed ponds will require a plan revision by Hennepin County -Separate plan,tabulation,and profile sheets will be prepared. -Tabs will not be separated by funding source.This information will be shown in the SEQ only. -Assumes use of Atlas 14 rainfall data -No major culvert crossings(>48")within the project and therefore no hydraulic memo or risk assessment is needed. -Assume proposed storm pipe is RCP and no pipe alternates will be specified -Submittal for State Aid Drainage review will be required. -A permit from the RPBCWD will be required. A copy of the submittal will be sent to the LMRWD for cursory review.Any associated fee to be paid by the City. Client Deliverables: -Water quality(P8)and hydraulic modeling for proposed CR 61 ponding -Drainage report for CR 61 -Proposed grading TIN or surface model for CR 61 ponds -Plan and specification review and comment -Any required permit application fees 13.1 Drainage/Water Resource Design(60%plan set) -Collect and review inplace and proposed utility information 0 0 0 0 8 2 0 10 $896 -Coordinate,prepare for and attend 1 water resources meeting with RPBCWD, 0 4 0 0 0 0 0 4 $588 City of Eden Prairie,and Hennepin County. (Assumes 1 SRF staff person and 2 hour mtg.) FINAL_10150.PP Eden Prairie Road Scope_170110.xlsx SRF CONSULTING GROUP,INC. ENGINEERS AND PLANNERS MINNEAPOLIS.MN 1/10/2017 Page 11 of 15 SRF Consulting Group, Inc. Work Tasks and Person-Hour Estimates le ;�Client: CITY OF EDEN PRAIRIEProject: FINAL PS&E FOR EDEN PRAIRIE ROAD FROM FLYING CLOUD DRIVE TO 400 FEET SOUTH OF FREDRICK PLACE Group,Inc. 11111 10150.PP TASK NO. TASK DESCRIPTION PRINCIPAL SR.ASSOC. ASSOCIATE SR.PROF PROF. TECHNICAL CLERICAL TOTALS EST.FEE -Compute allowable spread and place catch basins to meet State Aid spread 0 4 0 0 30 0 0 34 $3,198 criteria. -Verify the adequacy of right of way and easements of the proposed ponding 0 0 0 0 4 2 0 6 $548 sites. -Refine and complete trunk storm sewer layout,and determine pipe grades and 0 6 0 0 20 0 0 26 $2,622 size requirements. -Review cross sections and coordinate special ditch grades if necessary 0 4 0 0 20 0 0 24 $2,328 -Finalize BMP design. Complete the HydroCAD model for pond/BMP routing and 0 35 0 0 60 0 0 95 $10,365 design the appropriate outlet control skimming structures to meet RPBCWD criteria. Verify removal efficiencies with MIDS calculator or supplement Hennepin County P8 model -Develop grading plans for proposed BMPs. 0 0 0 0 16 4 0 20 $1,792 -Create 60%Drainage Construction Plans Sheets 0 0 0 0 20 20 0 40 $3,740 -Prepare Drainage Area and Treatment Area Maps 0 0 0 0 4 2 0 6 $548 -Prepare 60%cost estimate for water resources elements 0 0 0 0 2 0 0 2 $174 13.2 Drainage/Water Resource Design(95%plan set);Incorporate 60%plan review comments. -Complete all drainage profiles 0 2 0 0 10 4 0 16 $1,564 -Develop comprehensive drainage tabulations. 0 2 0 0 10 0 0 12 $1,164 -Update Drainage Construction Plans Sheets 0 2 0 0 10 4 0 16 $1,564 -Create Drainage Detail Sheets 0 2 0 0 4 2 0 8 $842 -Complete Pond/BMP Design and Grading Plans 0 10 0 0 20 2 0 32 $3,410 -Prepare State Aid Drainage Design Review Package 0 2 0 0 4 2 0 8 $842 -Cost estimate for drainage related items 0 2 0 0 2 0 0 4 $468 -Special provision for drainage related items 0 8 0 0 2 0 2 12 $1,502 13.3 Final Water Resource Design(100%plan set) 0 4 0 0 15 10 2 31 $3,045 13.4 Erosion Control Shear stress calculations to verify capacity of erosion control features. 0 10 0 0 20 0 0 30 $3,210 Erosion control plans 0 0 0 0 10 15 0 25 $2,370 SRF Deliverables: 60%,95%,100%Plans,specifications and cost estimates SUBTOTAL-TASK 13 0 97 0 0 291 69 4 461 $46,780 FINAL_10150.PP Eden Prairie Road Scope_170110.xlsx SRF CONSULTING GROUP,INC. ENGINEERS AND PLANNERS MINNEAPOLIS.MN 1/10/2017 Page 12 of 15 SRF Consulting Group, Inc. Work Tasks and Person-Hour Estimates le ;�Client: CITY OF EDEN PRAIRIEProject: FINAL PS&E FOR EDEN PRAIRIE ROAD FROM FLYING CLOUD DRIVE TO 400 FEET SOUTH OF FREDRICK PLACE Group,Inc. 1111111 10150.PP TASK NO. TASK DESCRIPTION PRINCIPAL SR.ASSOC. ASSOCIATE SR.PROF PROF. TECHNICAL CLERICAL TOTALS EST.FEE 14.0 PRELIMINARY ROADWAY DESIGN(60%PLAN SET) Assumptions: -Preliminary roadway design will be based on improvements shown in the feasibility study and the Eden Prairie Road and Flying Cloud Drive Connection Feasibility concept plan and profile shown on the SEH plan dated 6\12\15. -Roadway will be designed to meet Municipal State Aid standards. -Utilities will be designed to meet City of Eden Prairie standards. -Assume access is limited to adjacent residents during construction and no thru traffic will be allowed. Client Deliverables: -City staff to review and comment on 60%plan submittals. City to provide area record drawings for reference during design. Incorporate the feasibility phase design elements into a draft plan set.Plan set to include: 14.1 Title sheet and general layout 0 1 0 0 1 2 0 4 $434 14.2 Statement of Estimated Quantities(format only) 0 0 0 0 0 1 0 1 $100 14.3 Typical sections. Includes pavement design recommendation 0 1 0 0 2 4 0 7 $721 14.4 Horizontal and vertical alignments and geometrics 0 2 0 0 24 2 0 28 $2,582 14.5 Existing utility plan and tabulations 0 0 0 0 4 8 0 12 $1,148 14.6 Construction limits(shown on both the inplace topography and construction 0 0 0 0 1 1 0 2 $187 plans) 14.7 Removal plans 0 0 0 0 16 1 0 17 $1,492 14.8 City owned utility relocation plans as necessary 0 0 0 0 0 1 0 1 $100 14.9 Preliminary construction staging to include access for local traffic during 0 1 0 0 8 4 0 13 $1,243 construction. 14.10 Preliminary Drainage plans.(Drainage scope addressed separately.) 0 0 0 0 0 24 0 24 $2,400 14.11 Preliminary trail design plans. 0 4 0 0 40 20 0 64 $6,068 14.12 Proposed sanitary sewer(gravity and FM)and water main plans 0 2 0 0 16 4 0 22 $2,086 14.13 Striping plan(Signing included in final design.) 0 0 0 0 0 2 0 2 $200 14.14 Cross sections(with inplace right of way shown) 0 0 0 0 40 0 0 40 $3,480 14.15 Preliminary Engineers Opinion of Probable Cost. 0 1 0 0 40 0 0 41 $3,627 14.16 Compile a 60%plan submittal that includes Roadway,drainage,structural,and 0 4 0 0 20 12 0 36 $3,528 lift station design.Submit to City for review and comment. SUBTOTAL-TASK 14 0 16 0 0 212 86 0 314 $29,396 FINAL_10150.PP Eden Prairie Road Scope_170110.xlsx SRF CONSULTING GROUP,INC. ENGINEERS AND PLANNERS MINNEAPOLIS.MN 1/10/2017 Page 13 of 15 SRF Consulting Group, Inc. Work Tasks and Person-Hour Estimates le ;�Client: CITY OF EDEN PRAIRIEProject: FINAL PS&E FOR EDEN PRAIRIE ROAD FROM FLYING CLOUD DRIVE TO 400 FEET SOUTH OF FREDRICK PLACE Group,Inc. 11111 10150.PP TASK NO. TASK DESCRIPTION PRINCIPAL SR.ASSOC. ASSOCIATE SR.PROF PROF. TECHNICAL CLERICAL TOTALS EST.FEE 15.0 FINAL ROADWAY DESIGN(95%PLANS AND SPECIFICATIONS) Assumptions: -Review submittals to City and State Aid. Client Deliverables: -City staff to review and comment on 95%plan submittals. 15.1 Incorporate City review comments and input and subsequent design work of the 0 2 0 0 8 24 0 34 $3,390 60%plans into the 95%construction plans.The plans will include all elements of the 60%plans plus further developed items. 95%plans to include all the plan sheets of the plan set. 15.2 Perform earthwork computations and balances,create earthwork tabulations and 0 4 0 0 32 4 0 40 $3,772 summary and prepare construction and soils notes. This includes balances and quantity calculation for any material(common or granular). 15.3 Complete the Statement of Estimated Quantities. 0 2 0 0 16 0 0 18 $1,686 15.4 Update the Engineers Opinion of Probable Cost. 0 2 0 0 8 2 0 12 $1,190 15.5 Prepare special provisions and contract documents in a form approved by the 0 40 0 0 4 0 8 52 $6,836 City. 15.6 Submit 95%Plans,Construction Cost Estimate and Special Provisions to City and 0 2 0 0 8 0 0 10 $990 MnDOT State Aid for review and comment. 15.7 Review City and MnDOT State Aid plan review comments and incorporate 0 4 0 0 30 8 0 42 $3,998 necessary revisions into the construction plans and Special Provisions. SUBTOTAL-TASK 15 0 56 0 0 106 38 8 208 $21,862 16.0 BID READY CONSTRUCTION DOCUMENTS(100%PLANS AND SPECIFICATIONS) 16.1 Obtain comments from 95%submittal and perform revisions as necessary. Re- 0 4 0 0 20 8 0 32 $3,128 submit final plans for approval. 16.2 Provide City with final 11"x17"plan sheets. In addition,the special provisions will 0 0 0 0 1 4 0 5 $487 be provided in electronic Microsoft Word format and the Engineer's Opinion of Probable Construction Cost will be provided in electronic Microsoft Excel format as well as hard copy. 16.3 Prepare 11"x 17"construction plan sets,Contract Documents and Special 0 4 0 0 8 0 4 16 $1,588 Provision and Proposal Forms for distribution to potential bidders. SRF Deliverables: Final construction documents in hard copy and PDF ready for public bidding. FINAL_10150.PP Eden Prairie Road Scope_170110.xlsx SRF CONSULTING GROUP,INC. ENGINEERS AND PLANNERS MINNEAPOLIS.MN 1/10/2017 Page 14 of 15 SRF Consulting Group, Inc. Work Tasks and Person-Hour Estimates le ;�Client: CITY OF EDEN PRAIRIEProject: FINAL PS&E FOR EDEN PRAIRIE ROAD FROM FLYING CLOUD DRIVE TO 400 FEET SOUTH OF FREDRICK PLACE Group,Inc. 1111111 10150.PP TASK NO. TASK DESCRIPTION PRINCIPAL SR.ASSOC. ASSOCIATE SR.PROF PROF. TECHNICAL CLERICAL TOTALS EST.FEE SUBTOTAL-TASK 16 0 8 0 0 29 12 4 53 $5,203 17.0 PERMITS Assumptions: Any permit fees to be paid by the City. Client Deliverables: -City to provide necessary permit signatures. 17.1 Prepare and submit plan review application to Minn Dept of Health for water main 0 0 0 0 1 0 0 1 $87 improvements. 17.2 Prepare and submit permit application to Minn Pollution Control Agency for 0 0 0 0 2 0 0 2 $174 sanitary sewer improvements. 17.3 Prepare Storm Water Pollution Prevention Plan(SWPPP)to satisfy requirements 0 1 0 0 4 0 0 5 $495 of MPCA NPDES Phase II General Storm Water Permit. (Preparer/Reviewer is MnDOT-certified designer of Construction SWPPPs.)SWPPP will be integrated into the construction plans. 17.4 Prepare and Submit Permit Application for MPCA NPDES Phase II General Storm 0 1 0 0 4 0 0 5 $495 Water Discharge Permit. Permit to be shared electronically with the contractor to complete upon contract award. Fee paid for by contractor. 17.5 Coordinate,prepare and submit permit application for RPBCWD Permit,including 0 30 0 0 40 10 0 80 $8,890 hydraulic,water quality computations and drainage area map submittal.Does not include attendance at the RPBCWD Board meeting for permit approval. SUBTOTAL-TASK 17 0 32 0 0 51 10 0 93 $10,141 18.0 BIDDING ADMINISTRATION Client Deliverables: Provide bid opening location and attend bid opening. 18.1 Post plans on Quest Contract Data Network to solicit bids. 0 0 0 0 1 0 0 1 $87 18.2 Bid administration,answer contractor bid question,addendum preparation, 0 4 0 0 10 0 0 14 $1,458 facilitate bid opening,tabulate bids and recommendation for an award. SRF Deliverables: Bid tabulation and award recommendation. SEQ with funding participation splits provided to the City in Excel format. SUBTOTAL-TASK 18 0 4 0 0 11 0 0 15 $1,545 FINAL_10150.PP Eden Prairie Road Scope_170110.xlsx SRF CONSULTING GROUP,INC. ENGINEERS AND PLANNERS MINNEAPOLIS.MN 1/10/2017 Page 15 of 15 SRF Consulting Group, Inc. Work Tasks and Person-Hour Estimates le ;�Client: CITY OF EDEN PRAIRIEProject: FINAL PS&E FOR EDEN PRAIRIE ROAD FROM FLYING CLOUD DRIVE TO 400 FEET SOUTH OF FREDRICK PLACE Group,Inc. 1111111 10150.PP TASK NO. TASK DESCRIPTION PRINCIPAL SR.ASSOC. ASSOCIATE SR.PROF PROF. TECHNICAL CLERICAL TOTALS EST.FEE TOTAL ESTIMATED PERSON-HOURS 58 649 188 198 1071 681 32 2877 AVERAGE HOURLY BILLING RATES $182 $147 $116 $105 $87 $100 $76 ESTIMATED LABOR AND OVERHEAD $10,556 $95,403 $21,808 $20,790 $93,177 $68,100 $2,432 $312,266 ESTIMATED DIRECT NON-SALARY EXPENSES $3,590 TOTAL ESTIMATED FEE $315,856 ESTIMATE OF DIRECT NON-SALARY EXPENSES: MILEAGE: Personal Vehicles 1000 Miles @ $0.540 $540 REPRODUCTION: Copy Duplication 500 Copies @ $0.10 $50 MORTGAGE FEES 8 Applications @ $350.00 $2,800 SUPPLIES: $100 COMMUNICATIONS: Mail,Express,Etc. $100 SUBCONSULTANTS: $0 ESTIMATED DIRECT NON-SALARY EXPENSES $3,590 SUMMARY OF COSTS: PRINCIPAL SR.ASSOC. ASSOCIATE SR.PROF PROF. TECHNICAL CLERICAL TOTALS 1.0 PROJECT MANAGEMENT $ 6,552 $ 15,288 $ - $ - $ - $ - $ - $ 21,840 2.0 QUALITY CONTROL/QUALITY ASSURANCE $ 182 $ 1,176 $ - $ - $ - $ - $ - $ 1,358 3.0 DESIGN COORDINATION MEETINGS/PUBLIC INVOLVEMENT $ 1,092 $ 14,700 $ - $ 3,990 $ - $ 400 $ - $ 20,182 4.0 SURVEYING AND MAPPING $ - $ 4,410 $ - $ - $ - $ 13,400 $ - $ 17,810 5.0 EASEMENT DESCRIPTIONS AND SKETCHES $ - $ 1,764 $ - $ - $ - $ 1,200 $ 152 $ 3,116 6.0 RIGHT OF WAY ACQUISTION $ 1,456 $ 7,056 $ - $ - $ 7,395 $ - $ - $ 15,907 7.0 PRIVATE UTILITY COORDINATION $ - $ 1,176 $ - $ - $ 2,958 $ 1,000 $ - $ 5,134 8.0 GEOTECHNICAL REVIEW AND COORDINATION $ 364 $ 4,410 $ - $ - $ - $ - $ - $ 4,774 9.0 SANITARY LIFT STATION DESIGN $ 910 $ 3,822 $ 2,320 $ 16,800 $ 2,784 $ 7,000 $ 152 $ 33,788 10.0 LIFT STATION ELECTRICAL/CONTROLS DESIGN $ - $ 3,822 $ - $ - $ 4,524 $ 4,800 $ - $ 13,146 11.0 RETAINING WALL TYPE STUDY $ - $ 2,352 $ 9,280 $ - $ 3,480 $ 8,000 $ 608 $ 23,720 12.0 STRUCTURAL DESIGN/RETAINING WALLS $ - $ 4,116 $ 10,208 $ - $ 11,136 $ 10,800 $ 304 $ 36,564 13.0 WATER RESOURCES DESIGN $ - $ 14,259 $ - $ - $ 25,317 $ 6,900 $ 304 $ 46,780 14.0 PRELIMINARY ROADWAY DESIGN(60%PLAN SET) $ - $ 2,352 $ - $ - $ 18,444 $ 8,600 $ - $ 29,396 15.0 FINAL ROADWAY DESIGN(95%PLANS AND SPECIFICATIONS) $ - $ 8,232 $ - $ - $ 9,222 $ 3,800 $ 608 $ 21,862 16.0 BID READY CONSTRUCTION DOCUMENTS(100%PLANS AND SPECIFICATIONS) $ - $ 1,176 $ - $ - $ 2,523 $ 1,200 $ 304 $ 5,203 17.0 PERMITS $ - $ 4,704 $ - $ - $ 4,437 $ 1,000 $ - $ 10,141 18.0 BIDDING ADMINISTRATION $ - $ 588 $ - $ - $ 957 $ - $ - $ 1,545 $312,266 FINAL_10150.PP Eden Prairie Road Scope_170110.xlsx SRF CONSULTING GROUP,INC. ENGINEERS AND PLANNERS MINNEAPOLIS.MN CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar January 17, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: #15-5916 ITEM NO.: Dave Modrow Approve Cooperative Agreement with Nine Mile VIII.E. Public Works/Engineering Creek Watershed District for the Chamberlain- Cherokee Stormwater Modeling Project. Requested Action Move to: Approve Cooperative Agreement with the Nine Mile Creek Watershed District for the Chamberlain-Cherokee Stormwater Modeling Project. Synopsis This Cooperative Agreement between the Nine Mile Creek Watershed District(NMCWD) and the City was created to document the mutual understanding as to the scope of the Chamberlain- Cherokee Stormwater Modeling Project(the Project) and facilitate communication and cooperation to successfully complete the Project. NMCWD will enter into a professional- services contract with Barr Engineering for completion of the tasks specified and the submission of work product described in Exhibit A of the agreement. Among other items, the agreement identifies procedures for collaboration, payment and use of the scope deliverables. Background Information The City of Eden Prairie has had flooding complaints for several years from residents on Chamberlain Court. In 2015, the City hired a consultant to conduct a localized drainage study including field verification of critical elevations and flood routing of the immediate area based on available data. The existing corrugated metal culvert under Old Shady Oak Road was found to be in a deteriorated state and needs to be replaced or rehabilitated. In addition, other improvements were identified that could be implemented upstream of the culvert. However, due to the lack of information both upstream and downstream of the flood prone area, the localized study provided limited insight into the flooding problem. At this time, the City staff is not comfortable moving forward with improvements to that drainage infrastructure without further analysis on possible downstream impacts. A previous study was completed in 1990 as part of the Rowland Road and Old Shady Oak Road improvements. The report concluded, among other things, that the 24" culvert under Old Shady Oak Road in question should be upsized to 36". For reasons unknown, the pipe was not upsized as recommended with the Rowland Road project and survey information shows significant changes have since occurred within the complex watershed that actually further restrict drainage to the Old Shady Oak Road crossing. Due to the size of the watershed and the complexity of the system, the City requested that the NMCWD partner on the analysis to identify a solution to the flooding problem. The NMCWD and its board have received a proposal from Barr Engineering to complete the study and provide recommendations. Financial Implications The proposal by Barr Engineering provided in Exhibit A of the agreement is for$7,440. Per the agreement, the City will be billed by NMCWD 50 percent of the project costs with a total not to exceed $4,000. Attachment Cooperative Agreement(includes Exhibit A) COOPERATIVE AGREEMENT Between Nine Mile Creek Watershed District and City of Eden Prairie Chamberlin-Cherokee Stormwater Modeling This agreement us made by and between the City of Eden Prairie, a Minnesota municipal corporation (Eden Prairie) and Nine Mile Creek Watershed District, a watershed organization with purposes and powers set out in Minnesota Statutes chapters io3B and io3D (NMCWD) for purposes of supporting the modification and application of NMCWD's stormwater model to better understand hydrologic and hydraulic conditions in the Chamberlin-Cherokee catchment area in Eden Prairie. WHEREAS the Chamberlin-Cherokee catchment area lies entirely within the Nine Mile Creek watershed and the corporate limits of the City of Eden Prairie; WHEREAS NMCWD has developed a stormwater hydraulic model that can be used to generate stormwater flow volume and rate information, flood elevations, floodplain delineations and related data (the Model) for application to the evaluation of the local consequences of redevelopment and public infrastructure projects; WHEREAS in response to a request from Eden Prairie, the NMCWD Board of Managers directed NMCWD staff and the engineer, Barr Engineering, to develop a scope of work that includes data acquisition, in consultation with Eden Prairie, and updating of the Model to support detailed analysis of hydraulic and hydrologic conditions in the Chamberlin-Cherokee catchment (the Project), and the resulting November 21, 2016, scope of work is attached hereto and incorporated herein as Exhibit A; and WHEREAS Eden Prairie and NMCWD are authorized by Minnesota Statutes section 471.59 to enter into this cooperative agreement for the Project. Agreement NOW, THEREFORE, EDEN PRAIRIE AND NMCWD enter into this agreement to document their mutual understanding as to the scope of the Project and facilitate communication and cooperation to successfully complete the Project. i. Conduct of the Project a. NMCWD will enter into a professional-services contract with Barr Engineering for completion of the tasks specified and the submission of work product described in Exhibit A. Notwithstanding the foregoing, NMCWD makes no warranty to Eden Prairie regarding the NMCWD engineer's or any other party's performance in completing the Project. b. The professional services contract with Barr Engineering for the Project will identify Eden Prairie as an intended beneficiary of the Project, will extend the Nine Mile Creek Watershed District-City of Eden Prairie 1 Chamberlin-Cherokee model duty of care, insurance and indemnification requirements to Eden Prairie, and will state that Eden Prairie and NMCWD share the right to use the work product and rights in the event of a breach of the contract by Barr Engineering. c. NMCWD, in collaboration with the representative of Eden Prairie identified in section 4, below, will direct Barr Engineering's completion of the Project. Eden Prairie will have input in the conduct of the Project through the structured meetings and review opportunities described in Exhibit A. Each party to this agreement will be provided with reasonable opportunity to review, comment on, request changes to and approve work product, except that no single party may materially revise or amend the scope of work to be completed under the terms of this agreement. NMCWD retains its discretion as the principal contracting party to direct the performance of the Project; to approve, in consultation with Eden Prairie change orders, except that Eden Prairie's obligation to reimburse NMCWD will not exceed the amount specified in paragraph 2.0 of this agreement; and to administer the contract with Barr Engineering. d. Any written communication between any party to this agreement and Barr Engineering related to the subject matter of this agreement will be concurrently copied to the other party. e. NMCWD and Eden Prairie will facilitate Barr Engineering's performance of the Project by all reasonable means within their administrative capacity. If Barr Engineering requires entry onto public or private property for the purpose of the Project, Eden Prairie, as appropriate, will assist in securing any necessary permissions, provided however nothing herein obligates NMCWD or Eden Prairie to undertake purchase or acquisition of such access or to the expenditure of any funds acquire access to such property. f. The parties to this agreement may use the work product of the Project in good faith to explore stormwater-management and flood-management practices, designs, projects and other such opportunities, which may be pursued jointly or individually. However, nothing in this agreement obligates any of NMCWD or Eden Prairie to any specific further undertaking or any commitment of funds beyond the funding of and participation in the Project as set forth herein. g. The exercise of regulatory authority by the NMCWD Board of Managers and, as delegated, NMCWD staff, and by Eden Prairie and, as delegated, Eden Prairie staff, may not be and is not modified in any way by this agreement. NMCWD's participation in the Project notwithstanding, no representation or warranty is made as to whether specific land-disturbing activities undertaken in reliance on the work products of the Project will comply with NMCWD rules. Further, neither party hereto warrants and neither party will be liable to the other for the actions of or failure to act by any third-party regulatory entity. Nine Mile Creek Watershed District-City of Eden Prairie 2 Chamberlin-Cherokee model 2. Cost Sharing a. NMCWD will pay the costs of completion of the scope of work in Exhibit A in accordance with its contract with Barr Engineering and applicable state law. b. Work product created for the Project will acknowledge financial support from each of NMCWD and Eden Prairie. c. Within 35 days of written notification from NMCWD of NMCWD's payment of a Barr Engineering invoice for the Project, Eden Prairie will reimburse NMCWD 5o percent of the invoice amount, up to an aggregate total for the Project not to exceed $4,000. d. Each party will pay its own internal and incidental costs of its participation in the Project not otherwise specified as subject to cost-sharing as specified in herein, including but not limited to costs of staff time and materials for participation in and facilitation of the Project. 3. Independent relationship; liability;no warranty. This agreement does not create a joint powers board or organization within the meaning of Minnesota Statutes section 471.59, and no party agrees to be responsible for the acts or omissions of the any other pursuant to subdivision i(a) of the statute. Only contractual remedies are available for the failure of a party to fulfill the terms of this agreement. NMCWD and Eden Prairie enter this agreement solely for the purposes of the Project.Accordingly, with respect to any and all activity undertaken pursuant to this agreement: (1) Eden Prairie each shall hold harmless, defend and indemnify the NMCWD, its officers, employees and agents for all claims, damages, liabilities, losses and expenses asserted against either or both parties at any time by a third party, including any governmental body, which arise out of Eden Prairie's acts and omissions; and (2) NMCWD each shall hold harmless, defend and indemnify the Eden Prairie, its officers, employees and agents for all claims, damages, liabilities, losses and expenses asserted against either or both parties at any time by a third party, including any governmental body, which arise out of NMCWD's acts and omissions This agreement creates no right in and waives no immunity, defense or liability limitation with respect to any third party. The parties do not waive any the limitation of liability provided under Minnesota Statutes chapter 466. 4. The representatives of the parties with respect to this agreement are as follows: NMCWD: Administrator Nine Mile Creek Watershed District ranhorn@ninemilecreek.org 952-835-2078 12800 Gerard Dr. Eden Prairie MN 55346 Nine Mile Creek Watershed District-City of Eden Prairie 3 Chamberlin-Cherokee model Eden Prairie: Dave Modrow City of Eden Prairie dmodrow@edenprairie.org 952-949-836o 8o8o Mitchell Road Eden Prairie MN 55344 5. Data Practices.All data created, collected, received, maintained or disseminated for any purpose in the course of this agreement is governed by the Data Practices Act, Minnesota Statutes chapter 13, any other applicable state statute, or any state rules adopted to implement the act, as well as federal regulations on data privacy. 6. Entire agreement. This agreement contains the complete and entire agreement among the parties relating to the subject matter hereof, and supersedes all prior negotiations, agreements, representations and understandings, if any, among the parties respecting such matters. The recitals stated at the outset are incorporated into and are a part of the agreement. 7. Waiver. The waiver by NMCWD or Eden Prairie of any breach or failure to comply with any provision of this agreement by either or both of the other parties will not be construed as nor will it constitute a continuing waiver of such provision or a waiver of any other breach of or failure to comply with any other provision of this agreement. 8. Term; termination. This agreement is effective on execution by all three parties and will terminate one year from the date of execution of the latest amendment hereto or on the written agreement of all three parties. IN WITNESS WHEREOF, the parties have caused the agreement to be duly executed intending to be bounded thereby. (Signature page follows.) Nine Mile Creek Watershed District-City of Eden Prairie 4 Chamberlin-Cherokee model CITY OF EDEN PRAIRIE Date: By Nancy Tyra-Lukens Its Mayor Date: By Rick Getschow Its City Manager NINE MILE CREEK WATERSHED DISTRICT Date: By Randy Anhorn Its administrator Approved as to form & execution: NMCWD counsel Nine Mile Creek Watershed District-City of Eden Prairie 5 Chamberlin-Cherokee model Exhibit A Scope of Work November 21, 2016 Project Name: Old Shady Oak Road Modeling Assistance RRR Client Name: Nine Mile Creek Watershed District �7�t Date: 1012512016 Revised 1112112016 Percent Subtotal Subtotal Project age of Hours Labor Total Total Job 1 Task 1- Data gatheringw/EP • 4 $ 400.00 $ 400.00 Task 2- Update model subwatersheds &hydro parameters to reflect recent development • 8 $ 600.00 $ 600.00 Task 3- Update model with new storage and pipe info • 14 $ 1,080.00 $ 1,080.00 Task 4- Model OA/QC ▪ 4 $ 360.00 $ 360.00 r Tasks- Run model for100-year, Discuss results (team meeting) 7 $ 690.00 $ 690.00 r Task 6- Run preliminary pipe modification scenarios 8 $ 800.00 $ 800.00 Task 7- Summarize results for City • 7 $ 650.00 $ 650.00 Task 8- Meeting with City • 5 $ 670.00 $ 670.00 Task 9- One round of revised modeling • 9 $ 870.00 $ 870.00 Task 10- Summary memo with figure and table • 12 $ 1,320.00 $ 1,320.00 Subtotal 78 $ 7,440.00 $ 7,440.00 100% Project Subtotal 78 $ 7,440.00 $ 7,440.00 Project Total $ 7,440.00 Nine Mile Creek Watershed District-City of Eden Prairie 6 Chamberlin-Cherokee model CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar January 17, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: #16-5940 ITEM NO.: Randy Newton Approve Professional Services Agreement with VIII.F. Public Works/Engineering SRF Consulting Group for Final Design Services for the Preserve Boulevard Improvement Project Requested Action Move to: Approve Professional Services Agreement with SRF Consulting Group, Inc. for Final Design Services for the Preserve Boulevard Improvement Project. Synopsis This Professional Services Agreement will provide final design services for the Preserve Boulevard Improvement Project. Preliminary design work for the project is nearing completion and the current schedule is to construct the proposed improvements in 2018 with a potential late 2017 start date. Background Information Based on the preliminary design work and the public feedback that has been provided over the past year the Preserve Boulevard Improvement Project is proposed to include the following significant components: • Prairie Center Drive/Preserve Boulevard intersection improvements including dual left turn lanes for westbound to southbound traffic, flatten the existing cross slope, improve pedestrian and bicycle crossings, line up left turn lanes and provide left turn signal phasing on Preserve Boulevard. • Eliminate southbound lane drop on Preserve Boulevard. • Provide median and left turn lanes throughout the Preserve Boulevard corridor. • Anderson Lakes Parkway/Preserve Boulevard intersection improvements including a longer westbound to northbound right turn lane and improved pedestrian and bicycle crossings. • Provide median refuge for pedestrian and bicycle crossings at Franlo Road and Grier Lane. • Install a pump station between Eden Lake and Neill Lake to reduce drawdown time of Eden Lake. The project is currently scheduled for construction primarily in 2018. Depending on the specific details of the project, construction could begin in the fall of 2017. Financial Implications The Professional Services Agreement with SRF has an estimated cost of$353,321. The total estimated project cost estimate is approximately$6 million. Primary funding for the project will be from Municipal State Aid funds. Attachment Professional Services Agreement Standard Agreement for Professional Services This Agreement ("Agreement") is made on the 17 day of January , 20 17 , between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and SRF Consulting Group, Inc. a Minnesota Corporation (hereinafter "Consultant") whose business address is One Carlson Parkway North, Suite 150, Minneapolis, MN 5547-4443 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 Final Design for Preserve Boulevard Improvements 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 ( SRF Proposal Letter dated January 9, 2017 ) 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 January 17, 2017 through December 31, 2017 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 $ 353,321 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 _Matt Hansen and Rebecca Krugerud 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 SRF CONSULTING GROUP By: Its: Standard Agreement for Professional Services 2014.04 Page 8 of 8 Mr. Randy Newton,PE,PTOE January 9, 2017 Assistant City Engineer CITY OF EDEN PRAIRIE 8080 Mitchell Road Eden Prairie,MN 55344 SUBJECT: PROPOSAL FOR PROFESSIONAL SERVICES FOR PRESERVE BOULEVARD FINAL DESIGN Dear Mr. Newton: Over the past few years, SRF Consulting Group,Inc. (SRF) has assisted the City with preliminary traffic and water resources studies along the Preserve Boulevard corridor. Based on our recent discussions,we understand that the City is interested in transitioning the design process from preliminary to final design, allowing for bidding in Fall 2017. SCOPE OF WORK We propose to carry out the work as described in the attached detailed scope of services. Our work will include all design tasks necessary to deliver a final plan, specification and estimate for the reconstruction of Preserve Boulevard. The proposed project area includes Preserve Boulevard,parts of Anderson Lakes Parkway,Prairie Center Drive, and the storm water facilities in the area including the connection between Eden Lake and Neill Lake. PROJECT TEAM The design team that is currently working on the preliminary design will be able to move forward with the final design, providing a smooth, efficient transition. A brief description of our key team members is presented on the following pages. Team Organization—Preserve Boulevard City of Eden Prairie Project Partners Randy Newton,PE •City of Eden Prairie • Nine Mile Creek WD Matt Hansen,PE,LS • Riley-Purgatory Creek WD Project Prinupol • Eden Prairie Center Mail Rebecca Krugerud,PE Project Mono get Public Meetings Water Resources Roadway&Utilities Matt Hansen,PE,LS Walter Eshenaur,PE Peter Engelmeyer Rebecca Krugerud,PE Bob Leba,PE Survey Traffic Signals Electrical Right of Way Geotechnical Review Dean Dusheck,LS Adrian Potter, Scott Martins PE,PTOE Steve McHenry,PE Ken Helvey Joe Korzilius,PE www.srfconsulting.com One Carlson Parkway North,Suite 150 I Minneapolis,MN 55447-4443 1763.475.0010 Fax:763.475.2429 An Equal Opportunity Employer Mr.Randy Newton,PE,PTOE -2- January 9,2017 City of Eden Prairie Matthew Hansen, PE, LS, Principal I Project Principal Matt has 26 years of experience with roadway and utility improvement projects, including municipal streets and utilities and County State Aid and Trunk Highway design projects. He frequently manages complex municipal improvement projects and coordinates them through multiple agency reviews and approvals. He previously oversaw the Shady Oak Road and West 70th Street Projects in Eden Prairie. Matt will serve as the Project Principal,ensuring QA/QC is completed throughout the project's duration. Rebecca Krugerud, PE, Senior Associate I Project Manager Becky has 16 years of engineering experience related to highway and municipal engineering. She is skilled in managing multi-discipline design teams. Becky specializes in State and Federal Aid projects involving complex construction issues and multiagency coordination. She recently served as Project Manager for the Preserve Boulevard preliminary design, and Shady Oak Road and West 70th Street preliminary and final design. With her extensive experience with municipal design projects, Becky will lead the team and serve as Project Manager. Peter Engelmeyer, PE, Senior Engineer I Roadway and Utilities Peter has five years of civil engineering experience. His expertise includes roadway design, drainage design, construction inspection and administration, and construction plan preparation. Peter has performed a wide range of roadway design tasks such as preliminary design, final design, and cost estimates. Additionally, he has completed drainage design tasks, including the design of storm sewer systems,hydraulic and hydrologic modeling, and specification preparation. Walter Eshenaur, PE, Senior Associate I Water Resources Walter has 30 years of experience in water resources, including hydrology, hydraulics and design of stormwater management systems and highway and watershed erosion control methods. He also has experience assessing and treating water quality and applying innovative best management practices (BMPs) and bioengineering solutions to the treatment of surface water runoff. Walter is a certified SWPPP designer. Bob Leba, PE, Senior Associate I Water Resources Bob has 19 years of experience in civil engineering,with expertise in drainage design. In addition,he has experience working with regulatory agencies to successfully obtain wetland, water quality, and erosion control related permits. His expertise includes the design of storm sewer systems, retention ponds, and open channels as well as hydraulic/hydrologic modeling and implementing best management practices for rural and urban highway projects. Adrian Potter, PE, PTOE, Senior Associate I Traffic Signals Adrian has 18 years of experience in traffic and transportation engineering. His responsibilities include pavement marking and signing plan design, signal timing, traffic forecasting, signal justification reports, work zone traffic control design, benefit-cost analysis studies, ITS design, and preparation of plans and estimates for traffic signal systems. Ken Helvey, Principal I Right of Way Ken leads SRF's Real Estate Services Group and manages the acquisition, relocation, and appraisal processes for infrastructure projects. Ken has worked closely with the Minnesota Department of Transportation as well as many local,municipal, county and state agencies and non-profit associations. Mr.Randy Newton,PE,PTOE -3- January 9,2017 City of Eden Prairie SCHEDULE We have developed a project schedule (see attached) that reflects the City's goal of bidding Preserve Boulevard in 2017. The project schedule is aggressive but will be attainable through close coordination with City staff and project stakeholders. BASIS OF PAYMENT/BUDGET We propose to be reimbursed for our services on an hourly basis for the actual time expended using our established rates for the City. Other direct expenses such as printing, supplies, reproduction, etc. will be billed at cost, and mileage will be billed at the current allowable IRS rate for business miles. Invoices are submitted on a monthly basis for work performed during the previous month. The estimated cost for providing services for the Preserve Boulevard project is $353,321.00 and we have attached a detailed work plan that includes a cost summary for each task. We have included an estimate of hours based on our experience with similar projects. Our fee has been estimated based on our proposed detailed work plan that was reviewed with City staff and our current understanding of the project. CHANGES IN SCOPE OF SERVICES It is understood that if the scope or extent of work changes, the cost will be adjusted accordingly. Before any out-of-scope work is initiated, however, we will submit a budget request for the new work and will not begin work until we receive authorization from you. ACCEPTANCE/NOTICE TO PROCEED A signed Professional Services Agreement with a copy of this proposal, mailed or emailed to our office, will serve as acceptance of this proposal and our notice to proceed. We sincerely appreciate your consideration of this proposal and look forward to working with you on this important project. Please contact us if you have any questions or need additional information. Sincerely, p_bie Rebecca Krugerud,PE Kenneth A. Holte, PE Senior Associate Vice President Attachments: Project Schedule Detailed Work Plan Rate Schedule This cost proposal is valid for a period of 90 days. SRF reserves the right to adjust its cost estimate after 90 days from the date of this proposal. SRF Proposal#9173.PP PROJECT SCHEDULE Dec-16 I Jan-17 I Feb-17 I Mar-17 1 Apr-17 I May-17 I Jun-17 I Jul-17 I Aug-17 I Sept-17 I Oct-17 ! Nov-17 I Dec-17 I Jan-18 I Feb-18 1 Mar-18 Public/Agency Involvement 711.111111r lt ii Open Houses 11111g11111113111111111111111111111111[31.111111111111111 Data Collection Utility Coordination 111 1111111111111111111111111111111111111111 Geometric Layout(30%Design) Ponds/Limits/ROW Needs/Access 11111111111111111111111111111111111111111111111111111111 60%Design Plans Design Generally Complete 11111111 111111111111111111111111111111111111111111111111 City Review 1111111111111111 1111111111111111111111111111111111111111111111 90%Design Plans I Quantities computed 1111111111111111 1111111111111111111111111111111111111111 City Review 11 1111111111111111 111111111111111111111111111111111111111 100%PS&E Final Plans,Specs and Estimate 111111111111111111 1111111111111111111111111111111111 City and State Aid Review 1 111111111111111111111 111111111111111111111111111111 Final Revisions/Signatures 1111111111111111111111111 1111111111111111111111111111 Permits Watershed&DNR/USACOE 1111111111111111111111111111 I Right of Way Process Determine Limits 1111111111 11111 11 Legal Descriptions/Parcel Sketches ' 111111111111 111111 11 Notify Landowners ' 11111111111 111Q 1 Appraisals(Provided by City) ' 111111111111 1111 Purchase Offers/Negotiations(60 Iii 11111111111 II days,30 min) Commence Condemnation(90 day) 1 11111111111 111111111/ 1 rtle and Possession - 11111111111I =MI 11111111111 11 Construction Process Advertise(3 weeks) 111111111111111111111111111111111111 111111111111111 Award 1111111111111111111111111111111111111111 1111111111111 Construct 111111111111111111111111111111111111111111 SR F CONSULTING GROUP,INC. RANGE OF HOURLY BILLING RATES JANUARY 2017 THROUGH DECEMBER 2017 SENIOR PRINCIPAL $229 PRINCIPAL $ 148 - $226 SENIOR ASSOCIATE $ 120 - $ 197 ASSOCIATE $ 103 - $ 176 SENIOR PROFESSIONAL MIS Specialist $ 104 - $ 164 Engineer $ 79 - $ 148 Landscape Architect $ 77 - $ 148 Planner $ 77 - $ 148 GRADUATE Engineer $ 67 - $ 120 Hydrologist $ 67 - $ 120 Landscape Designer $ 67 - $ 120 Planner $ 67 - $ 120 TECHNICAL Safety Specialist $ 103 - $ 178 Engineering Specialist $ 93 - $ 143 Right-of-Way Specialist,Senior $ 81 - $ 138 Right-of-Way Specialist $ 67 - $ 115 CADD/Field Technician,Principal $ 85 - $ 143 CADD/Field Technician,Senior $ 71 - $ 120 CADD/Field Technician $ 45 - $ 100 Survey Technician,Principal $ 85 - $ 143 Survey Technician,Senior $ 71 - $ 120 Survey/Traffic Technician $ 44 - $ 96 PRODUCTION WEB Designer,Principal $ 85 - $ 130 Graphics Technician,Principal $ 79 - $ 136 Graphics Technician,Senior $ 72 - $ 120 Graphics Technician $ 45 - $ 101 Sr.Editor $ 88 - $ 134 Editor $ 71 - $ 116 Administrative Assistant $ 62 - $ 107 Word Processor $ 56 - $ 94 Clerical $ 46 - $ 91 The Range of Hourly Rates schedule is subject to change annually. Direct project related expenses are billed at actual cost and mileage is billed at a rate not to exceed the current allowable IRS rate for business miles. CLIENT: CITY OF EDEN PRAIRIE CONSULTANT: SRF CONSULTING GROUP,INC. SUBCONSULTANT: PROJECT: PRESERVE BLVD-FINAL DESIGN *****ESTIMATED PERSON-HOURS***** ESTIMATED TASK NO. WORK TASK DESCRIPTION PRINCIPAL SR.ASSOC.ASSOCIATE SR.PROF PROF. TECHNICAL CLERICAL TOTALS FEE 1.0 PROJECT MANAGEMENT Assumptions: This task focuses on effective coordination of the project work to expedite the decision-making process and maintain the scheduled completion dates. It assumes Consultant involvement for 12 months from initial design work(Jan 2017) to Project bidding and award to contractor(Jan 2018). 1.1 General day-to-day project management and administration 12 80 0 0 0 0 0 92 including work-planning,staff scheduling and coordination of tasks(12 months,6 months of design and 6 months of availability as needed). 1.2 Establish ongoing project coordination with Eden Prairie 6 42 0 0 0 0 0 48 keeping City staff fully informed of the project status for the entire length of the project. Coordinate project activities with the following as necessary(12 months,6 months of design and 6 months of availability as needed): - City of Eden Prairie - Stakeholders along the corridor(EP Center Mall) - Private and Public Utilities - Other Agencies as Required(MnDOT State Aid,Watershed Districts) 1.3 Prepare project schedule and update monthly during design 3 12 0 0 0 0 0 15 timeframe. SUBTOTAL-TASK 1 21 134 0 0 0 0 0 155 $23,520 2.0 QUALITY CONTROL/QUALITY ASSURANCE Assumptions: Conduct internal QA/QC peer reviews during the project. Consultant will not submit documents for review prior to completion of internal QC review. 2.1 Perform internal Quality Control following SRF's Basic QMP 3 40 20 0 0 0 0 63 for project deliverables,including peer review of all design components including but not limited to computations, drawings,plans,reports,specifications,and cost estimates. SUBTOTAL-TASK 2 3 40 20 0 0 0 0 63 $8,746 C:\Users\rkrugerudWppData\Local\Temp\Bluebeam Soflware77376545.xlex SRF CONSULTING GROUP.INC. PAGE 1 OF 18 CLIENT: CITY OF EDEN PRAIRIE CONSULTANT: SRF CONSULTING GROUP,INC. SUBCONSULTANT: PROJECT: PRESERVE BLVD-FINAL DESIGN *****ESTIMATED PERSON-HOURS***** ESTIMATED TASK NO. WORK TASK DESCRIPTION PRINCIPAL SR.ASSOC.ASSOCIATE SR.PROF PROF. TECHNICAL CLERICAL TOTALS FEE 3.0 COORDINATION MEETINGS Prepare for and attend all meetings as necessary including the following: 3.1 Stakeholder informational meetings. Stakeholders include 0 27 0 0 0 0 6 33 City Engineering,City Living Streets Group,Nine Mile Creek Watershed District,Riley Purgatory Bluff Creek Watershed District,adjacent businesses owners/property owners (assume 3 meetings,3 SRF staff per meeting,3 hour per mtg). Meetings specific to the lift station are included in Task 14. 3.2 Weekly design review meetings(assume 3 SRF staff per 0 72 0 36 0 0 0 108 meeting,2 hours per mtg,3 times a month for 6 months). SUBTOTAL-TASK 3 0 99 0 36 0 0 6 141 $18,789 4.0 PUBLIC INVOLVEMENT Assumptions - Assumes one(1)public information meeting. - Meetings to be advertised through mailers,press releases, and postings to City websites. No newsletters are included. - City will prepare mailing list and distribute all mailers. Consultant responsibilities - Preparation of mailers. - Press release for each meeting. - Displays,handouts,sign-in sheets,and comment cards for each public information meeting. - Meeting summaries. 4.1 Prepare mailers advertising meetings. Includes draft mailer 0 2 0 0 0 2 0 4 for City review and final for mailing. City will distribute mailers. 4.2 Coordinate with the City of Eden Prairie for posting press 0 1 2 0 0 0 0 3 releases and related information to their websites. 4.3 Prepare displays,handouts,sign-in sheets,and comment 0 2 2 0 6 6 0 16 cards for each public information meeting. Includes drafts for City review and final. C:\Users\rkrugerud AppData\Local\Temp\Bluebeam Soflware77376545.xlex SRF CONSULTING GROUP.INC. PAGE2 OF 18 CLIENT: CITY OF EDEN PRAIRIE CONSULTANT: SRF CONSULTING GROUP,INC. SUBCONSULTANT: PROJECT: PRESERVE BLVD-FINAL DESIGN *****ESTIMATED PERSON-HOURS***** ESTIMATED TASK NO. WORK TASK DESCRIPTION PRINCIPAL SR.ASSOC.ASSOCIATE SR.PROF PROF. TECHNICAL CLERICAL TOTALS FEE 4.4 Attend public information meetings. Assumes open house 4 8 0 0 4 0 0 16 meetings;no formal presentation. Includes travel,set up and meeting time. (4 SRF staff x 4 hours/meeting) 4.5 Prepare summary of each meeting including attendance, 0 0 0 0 3 0 1 4 materials,and comments. Includes draft and final. 4.6 Prepare abbrieviated version of summary and provide with 0 0 0 0 2 0 0 2 meeting materials to City of Eden Prairie for posting on City websites. SUBTOTAL-TASK 4 4 13 4 0 15 8 1 45 $5,284 5.0 SURVEYING AND MAPPING 5.1 Design Surveys:Perform supplementry topographic field 0 5 0 0 0 40 0 45 surveys as required. 5.2 Prepare Right of Way basemap showing existing and 0 32 0 0 0 0 0 32 proposed right of way and temporary easements. Includes developing a right of way CAD file from plats provided by City. 5.3 Prepare easement descriptions and exhibits.Assume 18 0 40 0 0 0 40 0 80 parcels. 5.4 Proposed easement staking:Perform field surveying to stake 0 5 0 0 0 36 0 41 existing and proposed right of way or easements to assist in appraisals and right of way negoitations.Assume 18 parcels. 5.5 Update a digital terrain model(DTM). 0 0 0 0 0 4 0 4 SUBTOTAL-TASK 5 0 82 0 0 0 120 0 202 $24,054 C:\Users\rkrugerud\AppData\Local\Temp\Bluebeam Soflware77376545.xlex SRF CONSULTING GROUP.INC. PAGE3 OF 18 CLIENT: CITY OF EDEN PRAIRIE CONSULTANT: SRF CONSULTING GROUP,INC. SUBCONSULTANT: PROJECT: PRESERVE BLVD-FINAL DESIGN *****ESTIMATED PERSON-HOURS***** ESTIMATED TASK NO. WORK TASK DESCRIPTION PRINCIPAL SR.ASSOC.ASSOCIATE SR.PROF PROF. TECHNICAL CLERICAL TOTALS FEE 6.0 TRAFFIC OPERATIONS ANALYSIS 6.1 Assist with roadway geometric development as design 0 4 8 0 0 0 0 12 progresses. SUBTOTAL-TASK 6 0 4 8 0 0 0 0 12 $1,516 7.0 PRIVATE UTILITY COORDINATION 7.1 Conduct Gopher State One Call(GSOC)to identify all utility 0 0 0 0 10 8 0 18 owners within the project area. Collect and complie record drawings provided by utility owners. Identify utilility owner representatives and prepare private utility coordination log to track all utilities within the project area. 7.2 Conduct surveys to locate field marking placed by utility 0 0 0 0 0 0 0 0 owners(hours for this shown in Task 5.1). 7.3 Distribute draft design plans to utility representatives for 0 0 2 0 4 0 2 8 review and comment. 7.4 Identify any significant utilities and coordinate with utility owner 0 0 0 2 0 0 0 2 to collect SUE Quality Level A data. This task assumes that the utility owner has the equipment necessary to expose the actual utility line and allow SRF surveyors to obtain X,Y,Z location. 7.5 Conduct two Utility Coordination meetings to review utility 0 8 8 0 0 0 0 16 locations,communicate project schedule and staging,and respond to utility owner questions and concerns. Assumes 4 hours/meeting time and prep. 7.6 Coordinate and assist utility companies with relocation 0 0 4 0 6 0 0 10 locations. SUBTOTAL-TASK 7 0 8 14 2 20 8 2 54 $5,702 CSUsers\rkrugerud\AppData\Local\Temp\Bluebeam Soflware77376545.xlex SRF CONSULTING GROUP.INC. PAGE4 OF 18 CLIENT: CITY OF EDEN PRAIRIE CONSULTANT: SRF CONSULTING GROUP,INC. SUBCONSULTANT: PROJECT: PRESERVE BLVD-FINAL DESIGN *****ESTIMATED PERSON-HOURS***** ESTIMATED TASK NO. WORK TASK DESCRIPTION PRINCIPAL SR.ASSOC.ASSOCIATE SR.PROF PROF. TECHNICAL CLERICAL TOTALS FEE 8.0 GEOTECHNICAL REVIEW AND COORDINATION Assumptions City will contract directly with Braun Intertec for geotechnical engineering services. 8.1 Coordinate with geotechnical engineer. Identify project limits 0 4 12 0 0 0 0 16 and assist with soil boring layout. Review geotechnical reports and provide review comments. Confirm R value recommendations and sub surface soil corrections. SUBTOTAL-TASK 8 0 4 12 0 0 0 0 16 $1,980 9.0 RIGHT OF WAY ACQUISITION Assumptions - 20 Parcels.Each parcel has a Temporary Easement and a Permanent Easement - Appraisals and Titles furnished by the City.These could be added as an additional tasks. Typically these items have been provied by the City or City Attorney.City will record signed documents - Assumes that SRF will obtain one lender consent/ subordination for up to 6 parcels.No consents will be obtained for Temporary Easements 9.1 Project administration including management of RW field 0 10 90 0 0 0 0 100 agents,title and appraisal personel;coordination with roadway design team;preparation of and updates to Parcel Status Worksheet; preparation of initial property owner contact letters;preparation of Just Compensation Memos(assumes 20 parcels). 9.2 Field Title Investigation. 0 0 0 0 10 0 0 10 9.3 Property Owner Negoitations: Prepare offer packages. 0 10 70 0 120 0 0 200 Present offers(review,mail). Good faith negoitations Administrative settlements Mortgage involvement(assumes 6 mortgage companies for parcels with permanent easements).This does not inlcude any bank fees. Last written offers SUBTOTAL-TASK 9 0 20 160 0 130 0 0 310 $32,810 C:\Users\rkrugerud AppData\Local\Temp\Bluebeam Soflware77376545.xlex SRF CONSULTING GROUP.INC. PAGE50F 18 CLIENT: CITY OF EDEN PRAIRIE CONSULTANT: SRF CONSULTING GROUP,INC. SUBCONSULTANT: PROJECT: PRESERVE BLVD-FINAL DESIGN *****ESTIMATED PERSON-HOURS***** ESTIMATED TASK NO. WORK TASK DESCRIPTION PRINCIPAL SR.ASSOC.ASSOCIATE SR.PROF PROF. TECHNICAL CLERICAL TOTALS FEE 10.0 TRAFFIC CONTROL PLANS 10.1 Prepare project area traffic control plans. Present plans to 0 1 4 0 12 4 0 21 Eden Prairie for review and comment.Incorporate into 60% plans. Assumes that sanitary sewer and watermain trunklines will not be reconstructed with this project. 10.2 Revise traffic control plans based on City comments. Prepare 0 0 4 0 16 8 0 28 tabulation showing description and estimated quantity of all traffic control devices for each stage of construction. Incorporate all sheets into final roadway design plan. SUBTOTAL-TASK 10 0 1 8 0 28 12 0 49 $4,711 11.0 PRELIMINARY ROADWAY DESIGN(60%PLAN SET) Assumptions Preliminary roadway design will be based on improvements shown in the Approved Layout. 11.1 Develop Pavement Design and Typical Sections based on the 0 0 1 0 8 0 0 9 following: -Current and Projected AADT -R Value recommendation from Geotechnical Report -Cumulative Design ESALs -Approved Alignment and Geometrics -Subsurface soil correction recommendations 11.2 Design roadway superelevation and develop Cross Sections 0 2 0 32 0 0 0 34 from alignment,profile,geometry and superelevation. Cross sections to show existing and proposed right of way and easements,existing private utilities,proposed roadway improvements and subsurface soil correction. 11.3 Prepare necessary construction details and intersection 0 0 4 0 16 0 0 20 details. C:\Users\rkrugerud AppData\Local\Temp\Bluebeam Soflware77376545.xlex SRF CONSULTING GROUP.INC. PAGES OF 18 CLIENT: CITY OF EDEN PRAIRIE CONSULTANT: SRF CONSULTING GROUP,INC. SUBCONSULTANT: PROJECT: PRESERVE BLVD-FINAL DESIGN *****ESTIMATED PERSON-HOURS***** ESTIMATED TASK NO. WORK TASK DESCRIPTION PRINCIPAL SR.ASSOC.ASSOCIATE SR.PROF PROF. TECHNICAL CLERICAL TOTALS FEE 11.4 Design necessary extentions,relocations,or adjustments of 0 2 0 8 0 4 0 14 City sanitary sewer and watermain. Assumes that reconstruction of sanitary sewer or watermain is not necessary. 11.5 Develop a 60%construction plan set including the following 0 6 16 40 60 60 0 182 items: Title Sheet General Layout Typical Sections Intersection Details-format only Construction Details Existing Topography and Removals Inplace Utilities Construction Staging Traffic Control Detour Plan Alignment Plan and Tabulations Construction Plan and Profiles Drainage and storm sewer plans Superelevation Plans Signal Plans Lighting Plans Cross Sections 11.6 Submit 60%plan set to City for review and comment. 0 2 0 0 0 2 2 6 SUBTOTAL-TASK 11 0 12 21 80 84 66 2 265 $26,660 12.0 FINAL ROADWAY DESIGN(95%PLANS AND SPECIFICATIONS) 12.1 Perform earthwork computations and balances,create 0 0 2 16 24 0 0 42 earthwork tabulations and summary and prepare construction and soils notes. This includes balances and quantity calculation for any material(common or granular). 12.2 Design and Prepare a permanent turf establishment plan,a 0 0 2 0 4 0 0 6 temporary and permanent erosion and sediment control plan and assemble standard details for turf establishment and temporary and permanent erosion and sediment control measures as required to satisfy MPCA NPDES Phase II General Storm Water Permit. Design will be accomplished by Certified Erosion and Sediment Control Designers. 12.3 Prepare signing and striping and permanent traffic control 0 0 0 4 8 6 0 18 design. 12.4 Revise and refine construction plan sheets included in 60% 0 0 40 40 60 16 0 156 plan submittal and develop a 95%construction plan including the following additional items: Statement of Estimated Quantities Earthwork Tabulations Earthwork Summary Tabulations C:\Users\rkrugerud AppData\Local\Temp\Bluebeam Soflware77376545.xlex SRF CONSULTING GROUP.INC. PAGE?OF 18 CLIENT: CITY OF EDEN PRAIRIE CONSULTANT: SRF CONSULTING GROUP,INC. SUBCONSULTANT: PROJECT: PRESERVE BLVD-FINAL DESIGN *****ESTIMATED PERSON-HOURS***** ESTIMATED TASK NO. WORK TASK DESCRIPTION PRINCIPAL SR.ASSOC.ASSOCIATE SR.PROF PROF. TECHNICAL CLERICAL TOTALS FEE Soils and Construction Notes Intersection&Pedestrian Ramp Details Drainage Plans,Profiles and Tabulations Pond Grading Plans Permanent Turf Establishment Plan Temporary&Permanent Erosion and Sediment Control Plans and Details Signing and striping plans 12.5 Prepare special provisions and contract documents in a form 0 40 8 0 0 0 8 56 approved by the City. 12.6 Submit 95%Plans,Construction Cost Estimate and Special 0 2 0 0 0 4 2 8 Provisions to City and MnDOT State Aid for review and comment. SUBTOTAL-TASK 12 0 42 52 60 96 26 10 286 $30,218 13.0 FINAL WATER RESOURCES DESIGN Assumptions - The project will need to meet State Aid criteria for maximum allowable spread of runoff. - Two watershed districts will permit this project-Riley Purgatory Bluff Creek Watershed District(RPBCWD)and Nine Mile Creek Watershed District(NMCWD). We will confirm the watershed district boundaries adjacent to the project area,and explore the possibility for NMCWD to defer permitting to RPBCWD so only one permit will need be obtained. C:\Users\rkrugerud\AppData\Local\Temp\Bluebeam Soflware77376545.xlex SRF CONSULTING GROUP.INC. PAGE8 OF 18 CLIENT: CITY OF EDEN PRAIRIE CONSULTANT: SRF CONSULTING GROUP,INC. SUBCONSULTANT: PROJECT: PRESERVE BLVD-FINAL DESIGN *****ESTIMATED PERSON-HOURS***** ESTIMATED TASK NO. WORK TASK DESCRIPTION PRINCIPAL SR.ASSOC.ASSOCIATE SR.PROF PROF. TECHNICAL CLERICAL TOTALS FEE - HydroCAD will be utilized for hydrologic and hydraulic modeling of storm water BMPs. - Treatment efficiencies of stormwater BMPs,as needed to verify compliance with applicable rules,permits and ordinances,will be determined utilizing the MIDS calculator. - No hydraulic report is required. A drainage area map, hydraulic modeling results,storm sewer and catch basin spacing computations,and a treatment summary will be provided for documentation - One BMP will be required to meet the requirements of the regulatory agencies - Separate plan,tabulation,and profile sheets - Tabs will not be separated by funding source. This information will be shown in the SEQ only. -Assumes use of Atlas 14 rainfall data - No major culvert crossings(>48")within the project and therefore no hydraulic memo or risk assessment is needed. - Assume no pipe alternates - Submittal for State Aid Drainage review will be required. 13.1 Collect and review all available drainage data for the corridor. 0 2 0 0 8 0 0 10 Assemble a regulatory matrix that identifies the water quality and quantity issues and requirements for the project. Information to be collected includes the following: - Municipal and Watershed District comprehensive stormwater planning documents - In-place and proposed utilities - As-built record drawings of the existing storm water facilities, including ponds,storm sewer,and culverts;roadway;Mall entrance areas;and other affected infrastructure. 13.2 Complete existing conditions analysis.Delineate drainage 0 2 1 0 12 8 0 23 areas and create an existing conditions hydrologic and hydraulic model for the roadway drainage system.Develop an existing conditions drainage overview map that includes drainage areas,flow arrows,existing storm sewer,culverts, and other stormwater facilities. 13.3 Proposed conditions analysis.Delineate proposed drainage 0 2 2 0 20 6 0 30 areas and create a proposed conditions hydrologic and hydraulic model for the roadway drainage system.Develop a proposed conditions drainage overview map that includes the proposed drainage areas,intended location of trunk storm sewers and culverts,and locations of stormwater BMPs to treat the roadway project. 13.4 Determine pond or other BMP strategies as mitigation to meet 0 8 0 0 32 8 0 48 watershed district and city water quality and quantity requirements. Identify potential pond/BMP sizes based on modeling and spreadsheet analysis. Determine preliminary grading/construction limits of the proposed BMPs associated with the roadway reconstruction project. CSUsers\rkrugerud AppData\Local\Temp\Bluebeam Soflware77376545.xlex SRF CONSULTING GROUP.INC. PAGE90F 18 CLIENT: CITY OF EDEN PRAIRIE CONSULTANT: SRF CONSULTING GROUP,INC. SUBCONSULTANT: PROJECT: PRESERVE BLVD-FINAL DESIGN *****ESTIMATED PERSON-HOURS***** ESTIMATED TASK NO. WORK TASK DESCRIPTION PRINCIPAL SR.ASSOC.ASSOCIATE SR.PROF PROF. TECHNICAL CLERICAL TOTALS FEE 13.5 Drainage/Water Resource Design(60%plan set) -Coordinate,prepare for and attend 1 water resources 0 0 4 0 0 0 0 4 meeting with RPBCWD,NMCWD,and City of Eden Prairie. (Assumes 1 person) -Compute allowable spread and place catch basins to meet 0 0 4 0 30 0 0 34 State Aid spread criteria. -Verify the adequacy of right of way and easements of the 0 0 0 0 4 2 0 6 proposed ponding sites. -Refine and complete trunk storm sewer layout,and 0 0 2 0 20 0 0 22 determine pipe grades and size requirements. -Finalize BMP design. Complete the HydroCAD model for 0 0 15 0 20 0 0 35 pond/BMP routing and design the appropriate outlet control skimming structures to meet RPBCWD criteria. Verify removal efficiencies with MIDS calculator. -Develop grading plans for proposed BMPs. 0 0 0 0 10 4 0 14 -Create 60%Drainage Construction Plans Sheets 0 0 0 0 20 20 0 40 -Prepare Drainage Area and Treatment Area Maps 0 0 0 0 4 2 0 6 -Prepare 60%cost estimate for water resources elements 0 0 0 0 2 0 0 2 13.6 Drainage/Water Resource Design(95%plan set) -Complete all drainage profiles 0 0 2 0 25 4 0 31 -Develop comprehensive drainage tabulations. 0 0 12 0 30 0 0 42 -Update Drainage Construction Plans Sheets 0 0 12 0 20 4 0 36 -Create Drainage Detail Sheets 0 0 2 0 4 2 0 8 -Complete Pond/BMP Design and Grading Plans 0 0 2 0 10 2 0 14 -Prepare State Aid Drainage Design Review Package 0 0 2 0 4 2 0 8 -Cost estimate for drainage relatd items 0 0 0 0 2 0 0 2 -Special provision for draiange related items 0 0 6 0 0 0 0 6 13.7 Final Water Resource Design addressing 95%comments 0 0 2 0 10 5 0 17 (100%plan set) SUBTOTAL-TASK 13 0 14 68 0 287 69 0 438 $41,815 14.0 EDEN LAKE STORMWATER LIFT STATION Assumptions - Lift station will be located on west side of Preserve Blvd north of Anderson Lakes Blvd adjacent to Eden Lake. - Forcemain alignment will be roughly along existing storm sewer alignment. - Lift station will consist of round concrete structures,duplex submerssible pumps,custom designed top slabs with hatches,concrete pad surrounding the MHs,access from Preserve Blvd. - In-construction support is not included in this work. - At least one soil boring will be completed at lift station location (by others). - It is assumed that the location of the lift station will not require piling or other special foundation preparation methods. - Utility information will be obtained through a separate Utility Coordination scope item. - The manufacturer will provide pump and fitting details for inclusion in the plan sheets. - Storm sewer redesign to accommodate the lift station is included in storm sewer design task 13. C:\Users\rkrugerud\AppData\Local\Temp\Bluebeam Soflware77376545.xlex SRF CONSULTING GROUP.INC. PAGE100F 18 CLIENT: CITY OF EDEN PRAIRIE CONSULTANT: SRF CONSULTING GROUP,INC. SUBCONSULTANT: PROJECT: PRESERVE BLVD-FINAL DESIGN *****ESTIMATED PERSON-HOURS***** ESTIMATED TASK NO. WORK TASK DESCRIPTION PRINCIPAL SR.ASSOC.ASSOCIATE SR.PROF PROF. TECHNICAL CLERICAL TOTALS FEE Client Deliverables - Final decision on FM alignment. - Lead the Neill Lake and Eden Lake homeowner association coordination effort. 14.1 Review soil boring logs and reports and other data pertinent to 0 6 0 0 6 0 0 12 lift station design. Includes site visit and meeting with public works utilities staff to discuss their design requirements. Includes additional field survey request. 14.2 Finalize basic design parameters including exact location in 1 4 0 2 32 0 1 40 relation to stormwater BMP,modeling,peak pumping flows based on drawdown time,etc. Prepare a brief Basis of Design matrix for City review and approval. Includes draft report and incorporation of City comments. Final matrix will be completed after final design is complete(see below). 14.3 Determine lift station and valve vault orientation and 0 4 0 4 40 0 0 48 connections with gravity and forcemain pipes. Includes coordination of final forcemain alignment and discharge point with City. Includes coordination with Preserve Blvd storm sewer designers,assessment of wetland impacts,and coordination with R/W as needed. 14.4 Prepare 60%,95%and 100%cost estimates. Assumes the 0 2 0 2 6 0 0 10 lift station will be bid as a lump sum cost as part of the overall Preserve Blvd bid package. 14.5 Lift station design. Includes final sizing of lift station wet well 0 4 0 4 24 0 0 32 and valve vault,bouyancy calculations,and preliminary point elevations. See structural and electrical tasks below for their design scopes. 14.6 Complete pump design and selection using Flygt pumps, 0 4 0 4 24 0 0 32 coordinate with Flygt pump supplier for final selection and specifications. See Lift Station Control Panel Design task for EE work. 14.7 Prepare lift station construction drawings including site plan, 1 4 0 4 20 50 0 79 final lift station elevations and sections,details,grading and point elevations,forcemain extension plan and profile,and landscaping. See tasks below for structural and EE drawings/ details. Includes 60%,95%,100%plans. 14.8 Develop lift station special provisions. See structural and EE 0 1 0 2 16 0 0 19 tasks below for their special provisions. 14.9 Finalize the lift station Basis of Design matrix. Includes final 1 1 0 1 6 0 0 9 design details. CnUsers\rkrugerud\AppData\Local\Temp\Bluebeam Soflware77376545.xlex SRF CONSULTING GROUP.INC. PAGE11 OF 18 CLIENT: CITY OF EDEN PRAIRIE CONSULTANT: SRF CONSULTING GROUP,INC. SUBCONSULTANT: PROJECT: PRESERVE BLVD-FINAL DESIGN *****ESTIMATED PERSON-HOURS***** ESTIMATED TASK NO. WORK TASK DESCRIPTION PRINCIPAL SR.ASSOC.ASSOCIATE SR.PROF PROF. TECHNICAL CLERICAL TOTALS FEE 14.10 Meetings with Neill Lake homeowners association and with 0 6 0 0 6 0 1 13 Eden Lake homeowners. Assumes one meeting each and time to prepare materials for each meeting and writing minutes afterwards.(2 people for 3 hours each) 14.11 Design and prepare lift station structural drawings for up to: 0 2 16 0 32 20 0 70 -2 Top slabs -1 foundation/bouyancy slabs -1 Slab on grade SUBTOTAL-TASK 14 3 38 16 23 212 70 2 364 $35,999 15.0 ELECTRICAL DESIGN Assumptions - SRF to provide lighting recommendations per City of Eden Prairie standards for street lighting and sidewalk/trail lighting. All recommendations will be implemented by Xcel Energy, lighting plan sheets will show location of lighting unit only. - No temporary lighting - Lift station electrical equipment and controls to be contained in a pad mounted lockable electrical enclosure(no building) - Design to include PS&E for storm water lift station near Anderson Lakes Parkway:electrical service&power distribution equipment,conduit and wiring;VFD and motor design with sensor and control equipment callouts,conduit and wiring;control system descriptive,operational and performance specification. Control system detail documentation will be required as part of vendor submittal, SRF to review and approve. No PLC programming will be done by SRF. - Shop drawing review of electrical equipment and control system is not included,but will be required in the Construction Administration phase - City will provide as-builts of existing street lighting - Plans to call for reconnecting any private property lighting distrurbed by the project - Assumes SRF Basic QC procedures 15.1 Meet with City staff and Xcel to coordinate street and 0 0 0 0 0 0 0 0 sidewalk/trail lighting options for the Preserve Blvd corridor. Coordinate fixture suggestions and recommendations with streetscape design.(hours in Task 3) 15.2 Lift Station site visit and meeting with public works utilities staff 0 0 0 0 0 0 0 0 to discuss their design,operations and maintenance requirements and one follow-up meeting(hours in Task 14.1) 15.3 Provide street lighting recommendations for Preserve Blvd 0 2 0 0 8 8 0 18 between Prairie Center Drive and Anderson Lakes Parkway. Provide lighting plan sheets(60%,90%submittals,Xcel recommendations,reconnect private lighting)for Preserve Blvd between Prairie Center Drive and Anderson Lakes Parkway. Provide preliminary plans,specifications and engineers estimate. -project management CSUsers\rkrugerud AppData\Local\Temp\Bluebeam Soflware77376545.xlex SRF CONSULTING GROUP.INC. PAGE12 OF 18 CLIENT: CITY OF EDEN PRAIRIE CONSULTANT: SRF CONSULTING GROUP,INC. SUBCONSULTANT: PROJECT: PRESERVE BLVD-FINAL DESIGN *****ESTIMATED PERSON-HOURS***** ESTIMATED TASK NO. WORK TASK DESCRIPTION PRINCIPAL SR.ASSOC.ASSOCIATE SR.PROF PROF. TECHNICAL CLERICAL TOTALS FEE -create 60%plan drawings outlining proposed light unit(by others)locations and affected private lighting units. -respond to comments on 60%submittals -create 90%plan drawings 15.4 Provide lift station design(60%,90%submittals)for storm 0 14 0 0 32 50 0 96 water lift station near Anderson Lakes Parkway. Provide preliminary plans,specifications and engineers estimate. -project management -create 60%plan drawings outlining lift station electrical service,equipment locations and details. -respond to comments on 60%drawings -create 90%plan drawings -develop quantities and estimate -develop specifications for lift station controls and equipment 15.5 Finalize plans,specifications and engineers estimate. 0 4 0 0 10 10 0 24 -project management -respond to comments on 95%drawings -final PS&E documents SUBTOTAL-TASK 15 0 20 0 0 50 68 0 138 $14,090 16.0 TRAFFIC SIGNAL DESIGN Assumptions - SRF to provide temporary&permanent signal design per MnDOT standards and City of Eden Prairie design - Temporary signal plans will be developed at both intersections for each construction stage(assumes 2 construction stages will be needed for the project). - Assumes no interconnect between Preserve Blvd/Prairie Center Drive and Preserve Blvd/Anderson Lakes Parkway. -Assumes existing interconnect along Prairie Center Drive will either be salvaged and reinstalled or will be replaced in kind to maintain interconnect along the corridor. - City will provide as-builts of existing signal designs. - Assumes an SJR,and not an ICE report,will be prepared for the Preserve Blvd/Prairie Center Drive and Preserve Blvd/Anderson Lakes Parkway intersections,consistent with current State Aid requirements.Document assumed to be reviewed by the City and MnDOT State Aid. - Assumes SRF Basic QC procedures 16.1 Develop two(2)Signal Justification Reports,one each for the 0 4 0 0 28 2 0 34 Preserve Blvd/Prairie Center Drive and Preserve Blvd/Anderson Lakes Parkway intersections.Includes gathering 16-hour turning movement counts at each intersection.Prepare draft SJR,submit for review,address review comments,and submit for signatures and final approval. C:\Users\rkrugerud\AppData\Local\Temp\Bluebeam Soflware77376545.xlex SRF CONSULTING GROUP.INC. PAGE13 OF 18 CLIENT: CITY OF EDEN PRAIRIE CONSULTANT: SRF CONSULTING GROUP,INC. SUBCONSULTANT: PROJECT: PRESERVE BLVD-FINAL DESIGN *****ESTIMATED PERSON-HOURS***** ESTIMATED TASK NO. WORK TASK DESCRIPTION PRINCIPAL SR.ASSOC.ASSOCIATE SR.PROF PROF. TECHNICAL CLERICAL TOTALS FEE 16.2 Develop two(2)permanent signal designs,one each for the 0 20 0 0 48 130 0 198 Preserve Blvd/Prairie Center Drive and Preserve Blvd/Anderson Lakes Parkway intersections.Assumes Accessible Pedestrian Systems(APS)and Emergency Vehicle Preemption(EVP)will be included in the design of the permanent signals.Deliverables include signal plans,special provisions and engineer's estimate,to be incorporated into the overall project construction documents package.Does not include time for preordering signal poles prior to bidding. Includes 60%,90%,100%submittals. 16.3 Develop two(2)construction temporary signal designs,one 0 16 0 0 40 125 0 181 each for the Preserve Blvd/Prairie Center Drive and Preserve Blvd/Anderson Lakes Parkway intersections.Assumes one layout and wiring diagram per stage at each location, assuming 2 stages.Deliverables include temporary signal plans,special provisions and engineer's estimate,to be incorporated into the overall project construction documents package.Includes 60%,90%,100%submittals. 16.4 Provide permanent interconnect design along Prairie Center 0 2 0 0 8 12 0 22 Drive. Deliverables include permanent interconnect plans, special provisions and engineer's estimate,to be incorporated into the overall project construction documents package. Includes 60%,90%,100%submittals. SUBTOTAL-TASK 16 0 42 0 0 124 269 0 435 $43,862 17.0 LANDSCAPE DESIGN Assumptions: If irrigation in median or landscaped areas is required,the irrigation design will be completed by a sub-consultant for an additional fee. 17.1 Review existing site conditions and identify site features which 0 0 2 0 0 0 0 2 may influence streetscape such as vegetation adjacent to ROW,private property characteristics,general land use,and sensitive environmental areas. 17.3 60%Landscape and streetscape design. 0 2 0 0 36 0 0 38 Note:Plans and specifications will be completed to a 60% level,including the following: -Attend 1 meeting with City to discuss maintenance requirements,neighborhood concerns,and aesthetic goals (hours in Task 3) - Attend 1 meeting with City to present design recommendations and examples of landscape imagery(hours in Task 3) - ADA Accessible Sidewalks and Trails - Landscape plantings - Streetscape plans - Streetscape details - Coordinate landscape removal and restoration at Eden Prairie Mall. - Costing will be completed to a 60%level of detail. C:\Users\rkrugerud AppData\Local\Temp\Bluebeam Soflware77376545.xlex SRF CONSULTING GROUP.INC. PAGE14 OF 18 CLIENT: CITY OF EDEN PRAIRIE CONSULTANT: SRF CONSULTING GROUP,INC. SUBCONSULTANT: PROJECT: PRESERVE BLVD-FINAL DESIGN *****ESTIMATED PERSON-HOURS***** ESTIMATED TASK NO. WORK TASK DESCRIPTION PRINCIPAL SR.ASSOC.ASSOCIATE SR.PROF PROF. TECHNICAL CLERICAL TOTALS FEE 17.4 95%Landscape and streetscape design. 0 2 12 0 40 0 0 54 Note:Plans and specifications will be completed to a final 100%level. A final estimate of construction costs will be completed. Plans and specifications will be in a format suitable for bidding and compliant with state-aid requirements. SUBTOTAL-TASK 17 0 4 14 0 76 0 0 94 $8,824 18.0 BID READY CONSTRUCTION DOCUMENTS(100% PLANS AND SPECIFICATIONS) 18.1 Address the 95%comments and submit the following to City 0 2 0 16 16 8 0 42 for approvals: - 100%Construction Plan - Engineer's Opinion of Probable Construction Costs - 100%Special Provisions - Required Permits(for signatures) 18.2 Provide City with final 11"x17"plan sheets. In addition,the 0 2 0 8 0 0 0 10 special provisions will be provided in electronic Microsoft Word format and the Engineer's Opinion of Probable Construction Cost will be provided in electronic Microsoft Excel format as well as hard copy. 18.3 Prepare 11"x 17"construction plan sets,Contract Documents 0 2 0 12 0 0 0 14 and Special Provision and Proposal Forms for distribution to potential bidders. Assist City with posting plans and specifications on-line for contractor review. SUBTOTAL-TASK 18 0 6 0 36 16 8 0 66 $6,854 C:\Users\rkrugerud AppData\Local\Temp\Bluebeam Soflware77376545.xlex SRF CONSULTING GROUP.INC. PAGE15 OF 18 CLIENT: CITY OF EDEN PRAIRIE CONSULTANT: SRF CONSULTING GROUP,INC. SUBCONSULTANT: PROJECT: PRESERVE BLVD-FINAL DESIGN *****ESTIMATED PERSON-HOURS***** ESTIMATED TASK NO. WORK TASK DESCRIPTION PRINCIPAL SR.ASSOC.ASSOCIATE SR.PROF PROF. TECHNICAL CLERICAL TOTALS FEE 19.0 PERMITS Assumptions Over one acre of disturbance will occur and the project will need to meet the requirements of the NPDES permit issued August 1,2013. The project will need to meet the requirements of the Riley Purgatory Bluff Creek Watershed District(RPBCWD). The portion of the project within the Nine Mile Creek Watershed District will be permitted through the RPBCWD. 19.1 Prepare Storm Water Pollution Prevention Plan(SWPPP)to 0 1 0 0 4 0 0 5 satisfy requirements of MPCA NPDES Phase II General Storm Water Permit. (Preparer/Reviewer is MnDOT-certified designer of Construction SWPPPs.) SWPPP will be integrated into the construction plans. 19.2 Prepare and Submit Permit Application for MPCA NPDES 0 1 0 0 4 0 0 5 Phase II General Storm Water Discharge Permit. Permit to be shared electronically with the contractor to complete upon contract award. Fee paid for by contractor. 19.3 Coordinate,prepare and submit permit application for 0 20 2 0 20 5 0 47 RPBCWD Permit,including hydraulic,water quality computations and drainage area map submittal.Does not include attendance at the RPBCWD Board meeting for permit approval. 19.4 Prepare and submit permit applications to Minn Dept of Health 0 0 1 0 3 0 0 4 for water main improvements and to Minn Pollution Control Agency for sanitary sewer improvements. Assume adjustments to utilities and not full reconstruction. SUBTOTAL-TASK 19 0 22 3 0 31 5 0 61 $6,779 20.0 CONSTRUCTION COST ESTIMATES 20.1 Prepare an updated planning level construction cost estimate 0 1 6 0 16 0 0 23 associated with the Preliminary Design(60%plan set). 20.2 Prepare an updated construction cost estimate associated 0 2 6 0 24 0 0 32 with the Final Design(95%plan set).Estimate will be based on MnDOT pay items. 20.3 Prepare final engineers estimate of construction costs 0 1 2 0 8 0 0 11 associated with the Final P,S&E(100%plan set). SUBTOTAL-TASK 20 0 4 14 0 48 0 0 66 $6,388 C:\Users\rkrugerud AppData\Local\Temp\Bluebeam Soflware77376545.xlex SRF CONSULTING GROUP.INC. PAGE 16 OF 18 CLIENT: CITY OF EDEN PRAIRIE CONSULTANT: SRF CONSULTING GROUP,INC. SUBCONSULTANT: PROJECT: PRESERVE BLVD-FINAL DESIGN *****ESTIMATED PERSON-HOURS***** ESTIMATED TASK NO. WORK TASK DESCRIPTION PRINCIPAL SR.ASSOC.ASSOCIATE SR.PROF PROF. TECHNICAL CLERICAL TOTALS FEE 21.0 BIDDING ADMINISTRATION 21.1 Prepare Advertisement for Bids. 0 0 4 0 0 0 0 4 21.2 Answer bidders questions and issue addenda as necessary. 0 0 0 10 0 0 0 10 21.3 Attend bid opening and prepare bid abstract. Assist City with 0 0 0 6 0 0 0 6 pre and post award processes. SUBTOTAL-TASK 21 0 0 4 16 0 0 0 20 $2,144 TOTAL ESTIMATED PERSON-HOURS 31 609 418 253 1217 729 23 3280 AVERAGE HOURLY BILLING RATES $182 $147 $116 $105 $87 $100 $76 ESTIMATED LABOR AND OVERHEAD $5,642 $89,523 $48,488 $26,565 $105,879 $72,900 $1,748 $350,745 ESTIMATED DIRECT NON-SALARY EXPENSES $2,576 TOTAL ESTIMATED FEE $353,321 ESTIMATE OF DIRECT NON-SALARY EXPENSES: MILEAGE: Personal Vehicles 400 Miles @_ $0.540 $216 REPRODUCTION: Copy Duplication 400 Copies a $0.10 $40 MORTGAGE FEES-Assume fees to 6 banks 6 Apps @ $350.00 $2,100 COMMUNICATIONS: Mail,Express,Etc. 40 Letter t i $0.49 $20 20 Certified @ $10.00 $200 ESTIMATED DIRECT NON-SALARY EXPENSES $2,576 C:\Users\rkrugerud\AppData\Local\Temp\Bluebeam Soflware77376545.xJ*x SRF CONSULTING GROUP.INC. PAGE 17 OF 18 CLIENT: CITY OF EDEN PRAIRIE CONSULTANT: SRF CONSULTING GROUP,INC. SUBCONSULTANT: PROJECT: PRESERVE BLVD-FINAL DESIGN *****ESTIMATED PERSON-HOURS***** ESTIMATED TASK NO. WORK TASK DESCRIPTION PRINCIPAL SR.ASSOC.ASSOCIATE SR.PROF PROF. TECHNICAL CLERICAL TOTALS FEE SUMMARY 1.0 PROJECT MANAGEMENT $3,822 $19,698 $0 $0 $0 $0 $0 $23,520 2.0 QUALITY CONTROL/QUALITY ASSURANCE $546 $5,880 $2,320 $0 $0 $0 $0 $8,746 3.0 COORDINATION MEETINGS $0 $14,553 $0 $3,780 $0 $0 $456 $18,789 4.0 PUBLIC INVOLVEMENT $728 $1,911 $464 $0 $1,305 $800 $76 $5,284 5.0 SURVEYING AND MAPPING $0 $12,054 $0 $0 $0 $12,000 $0 $24,054 6.0 TRAFFIC OPERATIONS ANALYSIS $0 $588 $928 $0 $0 $0 $0 $1,516 7.0 PRIVATE UTILITY COORDINATION $0 $1,176 $1,624 $210 $1,740 $800 $152 $5,702 8.0 GEOTECHNICAL REVIEW AND COORDINATION $0 $588 $1,392 $0 $0 $0 $0 $1,980 9.0 RIGHT OF WAY ACQUISITION $0 $2,940 $18,560 $0 $11,310 $0 $0 $32,810 10.0 TRAFFIC CONTROL PLANS $0 $147 $928 $0 $2,436 $1,200 $0 $4,711 11.0 PRELIMINARY ROADWAY DESIGN(60%PLAN SET) $0 $1,764 $2,436 $8,400 $7,308 $6,600 $152 $26,660 12.0 FINAL ROADWAY DESIGN(95%PLANS AND $0 $6,174 $6,032 $6,300 $8,352 $2,600 $760 $30,218 SPECIFICATIONS) 13.0 FINAL WATER RESOURCES DESIGN $0 $2,058 $7,888 $0 $24,969 $6,900 $0 $41,815 14.0 EDEN LAKE STORMWATER LIFT STATION $546 $5,586 $1,856 $2,415 $18,444 $7,000 $152 $35,999 15.0 ELECTRICAL DESIGN $0 $2,940 $0 $0 $4,350 $6,800 $0 $14,090 16.0 TRAFFIC SIGNAL DESIGN $0 $6,174 $0 $0 $10,788 $26,900 $0 $43,862 17.0 LANDSCAPE DESIGN $0 $588 $1,624 $0 $6,612 $0 $0 $8,824 18.0 BID READY CONSTRUCTION DOCUMENTS(100%PLANS $0 $882 $0 $3,780 $1,392 $800 $0 $6,854 AND SPECIFICATIONS) 19.0 PERMITS $0 $3,234 $348 $0 $2,697 $500 $0 $6,779 20.0 CONSTRUCTION COST ESTIMATES $0 $588 $1,624 $0 $4,176 $0 $0 $6,388 21.0 BIDDING ADMINISTRATION $0 $0 $464 $1,680 $0 $0 $0 $2,144 ESTIMATED DIRECT NON-SALARY EXPENSES $2,576 TOTAL $353,321 CSUsers\rkrugerud\AppData\Local\Temp\Bluebeam Soflware77376545.xlex SRF CONSULTING GROUP.INC. PAGE 18 OF 18 CITY COUNCIL AGENDA DATE: SECTION: Ordinances and Resolutions January 17,2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Leslie Stovring Approve the Residential Recycling Grant Public Works/Engineering Agreement and Adopt a Resolution authorizing VIII.G. renewal of the Hennepin County Residential Recycling Grant Agreement Requested Action Move to: Approve the Residential Recycling Grant Agreement Adopt a Resolution authorizing renewal of the Residential Recycling Grant Application for 2017 through 2020. Synopsis The City of Eden Prairie submits an annual report to Hennepin County. This information is used to determine the amount of recycling grant funds distributed to the City. The majority of these funds are distributed to residents with individual service as a recycling rebate on their utility bills. The funding will be less than the amount provided in 2016 and will continue to decrease until the City adds curbside collection of organics to the residential recycling program. Hennepin County has requested a Resolution for years 2017-2020 in order to process the Recycling Grant. A copy of the Resolution must be on file with Hennepin County prior to distribution of the Recycling Grant funds to the City. Background Information Hennepin County has renewed their recycling grant program for an additional four (4) years. The grant funds are distributed to cities to manage their recycling programs. As the City has an open hauling system,the majority of the funds are distributed to residential customers who are able to recycle curbside. Remaining funds are used for the summer drop off, education materials and programs, and administration of the recycling and solid waste program. Hennepin County will gradually shift more funds to support organics recycling. In 2016 the City received $170,278 for recycling. Starting in 2017, 20% of the funding will be allocated to support organics recycling. By 2020 half of the funding will be dedicated to support of organics recycling. Following are some key points. • The projected recycling grant for 2017 is $154,043 (80% of the amount available to municipalities for basic recycling). • Annual grant applications are due by February 15th to receive funding for that year. • All grant funds must be used for waste reduction and recycling capital and operating funds. If the City does not contract for curbside recycling services, at least 90% of the funds received must be credited back to the residents. The additional 10% can be used for municipal administrative and promotional expenses. • County terminology and images must be used when describing or promoting recycling. The County must pre-approve any print materials that provide recycling guidelines. Social media posts and promotion of waste reduction or reuse are not included in this requirement. • The City's website must provide recycling information, including links to county resources and the haulers that provide recycling services in the city. • An annual recycling guide must be prepared and mailed to all residents. This is typically included with the Living Green newsletter distributed in June along with the annual drinking water report. • Two educational activities pre-approved by the County must be provided per year. • The City must demonstrate that a reasonable effort has been made to maintain and increase the pounds of recyclables per household collected. Attachments • Recycling Resolution • Residential Recycling Grant Agreement • Hennepin County Residential Recycling Funding Policy(Jan. 1,2017—Dec. 31,2020) CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2017- RESOLUTION AUTHORIZING SUBMITTAL OF AN APPLICATION FOR THE HENNEPIN COUNTY MUNICIPAL RECYCLING GRANT APPLICATION WHEREAS, pursuant to Minnesota Statute 115A.551, each county must develop and implement or require political subdivisions within the county to develop and implement programs, practices, or methods designed to meet its recycling goal; and WHEREAS, Hennepin County Ordinance 13 requires each city to implement a recycling program to enable the County to meet its recycling goals; and WHEREAS, the County has adopted a Hennepin County Residential Recycling Funding Policy to distribute funds to cities for the development and implementation of waste reduction and recycling programs from January 1, 2017 through December 31, 2020; and WHEREAS,to be eligible to receive these County funds, cities must meet the conditions set forth in the"funding policy." NOW, THEREFORE, BE IT RESOLVED, that the City Council authorizes the submittal of Municipal Recycling Grant Applications for 2017 through 2020 for the Hennepin County Residential Recycling Programs. BE IT FURTHER RESOLVED, that as a condition to receive funds under the Hennepin County Residential Recycling Funding Policy the City agrees to implement recycling programs as committed to by its submission of the Hennepin County Municipal Residential Recycling Grant Application. ADOPTED by the Eden Prairie City Council on January 17, 2017. Nancy Tyra Lukens, Mayor SEAL ATTEST: Kathleen Porta, City Clerk Contract No: A166395 RESIDENTIAL RECYCLING GRANT AGREEMENT This Agreement is between the COUNTY OF HENNEPIN, STATE OF MINNESOTA, A-2300 Government Center, Minneapolis, Minnesota 55487 ("COUNTY"), on behalf of the Hennepin County Environment and Energy Department, 701 Fourth Avenue South, Minneapolis, Minnesota 55415-1600 ("DEPARTMENT") and the CITY OF EDEN PRAIRIE, 8080 Mitchell Road, Eden Prairie, Minnesota 55344 ("CITY"). The parties agree as follows: 1. TERM AND COST OF THE AGREEMENT This Agreement shall commence upon execution and expire on December 31, 2020,unless cancelled or terminated earlier in accordance with the provisions herein. Annual grant payments shall be calculated as set forth in Section 3. 2. SERVICES TO BE PROVIDED The CITY shall apply for annual grant funds and operate its Recycling Program as more fully described in Attachment A, the Residential Recycling Funding Policy. 3. ALLOCATION OF FUNDS The COUNTY will distribute to Hennepin County municipalities 100% of SCORE funds that the COUNTY receives from the state. SCORE funds will be dedicated to two different purposes: 1) curbside recycling and 2) curbside organics recycling. SCORE funds are based on revenue received by the State of Minnesota from the solid waste management(SWM) tax on garbage services. SCORE funds are subject to change based on the SWM tax revenue received by the state and funds allocated by the legislature. Funds distributed to municipalities for the current calendar year will be based on SCORE funds received by the COUNTY in the state's corresponding fiscal year. Recycling The following formula will be utilized to determine a CITY'S recycling SCORE grant each year. Percent of SCORE funds allocated to curbside recycling: 2017 80% 2018 70% 2019 60% 2020 50% 1 CITY recycling grant calculation: Number of households with curbside recycling in city Total SCORE Recycling grant x funds available = amount available Total number of households for recycling to the city with curbside recycling in county Eligible residential households are defined as single family through eight-plex residential buildings or other residential buildings where each housing unit sets out its own recycling container for curbside collection. The number of eligible households will be determined by counting the number of eligible households on January 1 of each funding year. The CITY will report the number in its application for funding. The COUNTY will make two equal payments to the CITY. One payment will be made after the COUNTY receives the application, which consists of the web-based report and the planning document. A second payment will be made after basic program requirements, education and outreach requirements, and recycling performance have been confirmed and approved. If the CITY meets the COUNTY requirements,both payments will be made during the same calendar year. Funding will be withheld until the CITY meets the requirements of the Residential Recycling Funding Policy. Organics The following formula will be utilized to determine a CITY'S organics recycling SCORE grant each year. Percent of SCORE funds allocated to curbside organics recycling: 2017 20% 2018 30% 2019 40% 2020 50% CITY organics recycling grant calculation: Number of households with curbside organics in city Total SCORE Organics grant x funds available = amount available Total number of households for organics to the city with curbside organics in county 2 If the formula above results in the CITY receiving a grant where the dollar amount per participating household is greater than$25 per year, then a cap will apply. The funding cap per participating household is $25 per year. The most the COUNTY will grant a CITY is $25 per participating household per year. If funds are left over because of the cap, those funds will carry over into the following year's SCORE funds. Eligible residential households are defined as single family through eight-plex residential buildings or other residential buildings where the household is signed up for organics service and the household sets out its own container with organics for curbside collection. The number of eligible households will be determined by counting the number of eligible households on September 1 of each funding year. The CITY will report the number in the application for funding. The COUNTY will make one organics grant payment to the CITY each year. The payment will be made after the COUNTY receives the application and confirms that the CITY meets the requirements of the Residential Recycling Funding Policy. 4. PROFESSIONAL CREDENTIALS INTENTIONALLY OMITTED 5. INDEPENDENT CITY CITY shall select the means, method, and manner of performing the services. Nothing is intended nor should be construed as creating or establishing the relationship of a partnership or a joint venture between the parties or as constituting CITY as the agent, representative, or employee of COUNTY for any purpose. CITY is and shall remain an independent contractor for all services performed under this Agreement. CITY shall secure at its own expense all personnel required in performing services under this Agreement. CITY's personnel and/or subcontractors engaged to perform any work or services required by this Agreement will have no contractual relationship with COUNTY and will not be considered employees of COUNTY. COUNTY shall not be responsible for any claims that arise out of employment or alleged employment under the Minnesota Unemployment Insurance Law or Minnesota Statutes, chapter 176 (which may be referred to as the "Workers' Compensation Act"), on behalf of any personnel, including, without limitation, claims of discrimination against CITY, its officers, agents, contractors, or employees. Such personnel or other persons shall neither accrue nor be entitled to any compensation, rights, or benefits of any kind from COUNTY, including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, workers' compensation, unemployment compensation, disability, severance pay, and retirement benefits. 3 6. INDEMNIFICATION CITY shall defend, indemnify, and hold harmless COUNTY, its present and former officials, officers, agents, volunteers and employees from any liability, claims, causes of action,judgments, damages, losses, costs, or expenses, including reasonable attorney's fees, resulting directly or indirectly from any act or omission of CITY, a subcontractor, anyone directly or indirectly employed by them, and/or anyone for whose acts and/or omissions they may be liable in the performance of the services required by this Agreement, and against all loss by reason of the failure of CITY to perform any obligation under this Agreement. For clarification and not limitation, this obligation to defend, indemnify and hold harmless includes but is not limited to any liability, claims or actions resulting directly or indirectly from alleged infringement of any copyright or any property right of another, the employment or alleged employment of CITY personnel, the unlawful disclosure and/or use of protected data, or other noncompliance with the requirements of the provisions set forth herein. 7. INSURANCE A. With respect to the services provided pursuant to this Agreement, CITY shall at all times during the term of this Agreement and beyond such term when so required have and keep in force the following minimum insurance coverages or CITY's actual insurance limits for primary coverage and excess liability or umbrella policy limits, whichever is greater: Limits 1. Commercial General Liability on an occurrence basis with contractual liability coverage: General Aggregate $2,000,000 Products—Completed Operations Aggregate 2,000,000 Personal and Advertising Injury 1,500,000 Each Occurrence—Combined Bodily Injury and Property Damage 1,500,000 2. Workers' Compensation and Employer's Liability: Workers' Compensation Statutory Employer's Liability. Bodily injury by: Accident—Each Accident 500,000 Disease—Policy Limit 500,000 Disease—Each Employee 500,000 4 3. Professional Liability—Per Claim 1,500,000 Aggregate 2,000,000 The professional liability insurance must be maintained continuously for a period of two years after the expiration, cancellation or termination of this Agreement. B. An umbrella or excess policy is an acceptable method to provide the required commercial general insurance coverage. The above establishes minimum insurance requirements. It is the sole responsibility of CITY to determine the need for and to procure additional insurance which may be needed in connection with this Agreement. Upon written request, CITY shall promptly submit copies of insurance policies to COUNTY. CITY shall not commence work until it has obtained required insurance and filed with COUNTY a properly executed Certificate of Insurance establishing compliance. The certificate(s) must name Hennepin County as the certificate holder, and as an additional insured for the commercial general liability coverage required herein. A self-insured retention(SIR) applicable to the commercial liability coverage is not acceptable,unless expressly agreed to in writing by COUNTY. If the certificate form contains a certificate holder notification provision, the certificate shall state that the insurer will endeavor to mail to COUNTY thirty(30) day prior written notice in the event of cancellation/termination of any described policies. If CITY receives notice of cancellation/termination from an insurer, CITY shall fax or email a copy of the notice to COUNTY within two business days. CITY shall furnish to COUNTY updated certificates during the term of this Agreement as insurance policies expire. If CITY fails to furnish proof of insurance coverages, COUNTY may withhold payments and/or pursue any other right or remedy allowed under contract, law, equity, and/or statute. CITY waives all rights against COUNTY, its officials, officers, agents, volunteers, and employees for recovery of damages to the extent that damages are covered by insurance of CITY. 8. DUTY TO NOTIFY CITY shall promptly notify COUNTY of any claim, action, cause of action or litigation brought against CITY, its employees, officers, agents or subcontractors, which arises out of the services described in this Agreement. CITY shall also notify COUNTY whenever CITY has a reasonable basis for believing that CITY and/or its employees, officers, agents or subcontractors, and/or COUNTY, might become the subject of a claim, action, cause of action, administrative action, 5 criminal arrest, criminal charge or litigation arising out of and/or related to the services described in this Agreement. 9. DATA CITY, its officers, agents, owners,partners, employees, volunteers and subcontractors shall, to the extent applicable, abide by the provisions of the Minnesota Government Data Practices Act, Minnesota Statutes, chapter 13 (MGDPA) and all other applicable state and federal laws, rules, regulations and orders relating to data privacy or confidentiality, which may include the Health Insurance Portability and Accountability Act of 1996 (HIPAA). CITY shall promptly notify COUNTY if CITY becomes aware of any potential claims, or facts giving rise to such claims,under the MGDPA or other data or privacy laws. Classification of data as trade secret data will be determined pursuant to applicable law and, accordingly, merely labeling data as "trade secret" does not necessarily make the data protected as such under any applicable law. 10. RECORDS—AVAILABILITY/ACCESS Subject to the requirements of Minnesota Statutes section 16C.05, subd. 5, COUNTY, the State Auditor, or any of their authorized representatives, at any time during normal business hours, and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents,papers, records, etc., which are pertinent to the accounting practices and procedures of CITY and involve transactions relating to this Agreement. CITY shall maintain these materials and allow access during the period of this Agreement and for six (6) years after its expiration, cancellation or termination. 11. SUCCESSORS, SUBCONTRACTING AND ASSIGNMENTS A. CITY binds itself, its partners, successors, assigns and legal representatives to COUNTY for all covenants, agreements and obligations herein. B. CITY shall not assign, transfer or pledge this Agreement and/or the services to be performed, whether in whole or in part, nor assign any monies due or to become due to it without the prior written consent of COUNTY. A consent to assign shall be subject to such conditions and provisions as COUNTY may deem necessary, accomplished by execution of a form prepared by COUNTY and signed by CITY, the assignee and COUNTY. Permission to assign, however, shall under no circumstances relieve CITY of its liabilities and obligations under the Agreement. C. CITY shall not subcontract this Agreement and/or the services to be performed, whether in whole or in part, without the prior written consent of COUNTY. Permission to subcontract, however, shall under no circumstances relieve CITY of its liabilities and obligations under the Agreement. Further, CITY shall be fully 6 responsible for the acts, omissions, and failure of its subcontractors in the performance of the specified contractual services, and of person(s) directly or indirectly employed by subcontractors. Contracts between CITY and each subcontractor shall require that the subcontractor's services be performed in accordance with this Agreement. CITY shall make contracts between CITY and subcontractors available upon request. For clarification and not limitation of Section 15E, none of the following constitutes assent by COUNTY to a contract between CITY and a subcontractor, or a waiver or release by COUNTY of CITY's full compliance with the requirements of this Section: (1) COUNTY's request or lack of request for contracts between CITY and subcontractors; (2) COUNTY's review, extent of review or lack of review of any such contracts; or (3) COUNTY's statements or actions or omissions regarding such contracts. D. As required by Minnesota Statutes section 471.425, subd. 4a, each contract of the City with a vendor(Contractor) to perform services funded through this Agreement shall include a provision that CONTRACTOR shall pay any subcontractor within ten (10) days of CONTRACTOR's receipt of payment from COUNTY for undisputed services provided by the subcontractor, and CONTRACTOR shall comply with all other provisions of that statute. 12. MERGER, MODIFICATION AND SEVERABILITY A. The entire Agreement between the parties is contained herein and supersedes all oral agreements and negotiations between the parties relating to the subject matter. All items that are referenced or that are attached are incorporated and made a part of this Agreement. If there is any conflict between the terms of this Agreement and referenced or attached items, the terms of this Agreement shall prevail. B. Any alterations, variations or modifications of the provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by the parties. Except as expressly provided, the substantive legal terms contained in this Agreement including but not limited to Indemnification, Insurance, Merger, Modification and Severability, Default and Cancellation/Termination or Minnesota Law Governs may not be altered, varied, modified or waived by any change order, implementation plan, scope of work, development specification or other development process or document. C. If any provision of this Agreement is held invalid, illegal or unenforceable, the remaining provisions will not be affected. 13. DEFAULT AND CANCELLATION/TERMINATION A. If CITY fails to perform any of the provisions of this Agreement, fails to administer the work so as to endanger the performance of the Agreement or 7 otherwise breaches or fails to comply with any of the terms of this Agreement, it shall be in default. Unless CITY's default is excused in writing by COUNTY, COUNTY may upon written notice immediately cancel or terminate this Agreement in its entirety. Additionally, failure to comply with the terms of this Agreement shall be just cause for COUNTY to delay payment until CITY's compliance. In the event of a decision to withhold payment, COUNTY shall furnish prior written notice to CITY. B. For purposes of this subsection, "Data"means any data or information, and any copies thereof, created by CITY or acquired by CONTACTOR from or through COUNTY pursuant to this Agreement, including but not limited to handwriting, typewriting,printing, photocopying, photographing, facsimile transmitting, and every other means of recording any form of communication or representation, including electronic media, email, letters, works,pictures, drawings, sounds, videos, or symbols, or combinations thereof. Upon expiration, cancellation or termination of this Agreement: 1. At the discretion of COUNTY and as specified in writing by the Contract Administrator, CITY shall deliver to the Contract Administrator all Data so specified by COUNTY. 2. COUNTY shall have full ownership and control of all such Data. If COUNTY permits CITY to retain copies of the Data, CITY shall not, without the prior written consent of COUNTY or unless required by law, use any of the Data for any purpose or in any manner whatsoever; shall not assign, license, loan, sell, copyright,patent and/or transfer any or all of such Data; and shall not do anything which in the opinion of COUNTY would affect COUNTY's ownership and/or control of such Data. 3. Except to the extent required by law or as agreed to by COUNTY, CITY shall not retain any Data that are confidential, protected,privileged, not public, nonpublic, or private, as those classifications are determined pursuant to applicable law. C. Notwithstanding any provision of this Agreement to the contrary, CITY shall remain liable to COUNTY for damages sustained by COUNTY by virtue of any breach of this Agreement by CITY. Upon notice to CITY of the claimed breach and the amount of the claimed damage, COUNTY may withhold any payments to CITY for the purpose of set-off until such time as the exact amount of damages due COUNTY from CITY is determined. Following notice from COUNTY of the claimed breach and damage, CITY and COUNTY shall attempt to resolve the dispute in good faith. D. The above remedies shall be in addition to any other right or remedy available to COUNTY under this Agreement, law, statute, rule, and/or equity. 8 E. COUNTY's failure to insist upon strict performance of any provision or to exercise any right under this Agreement shall not be deemed a relinquishment or waiver of the same, unless consented to in writing. Such consent shall not constitute a general waiver or relinquishment throughout the entire term of the Agreement. F. This Agreement may be canceled/terminated with or without cause by either party upon thirty(30) day written notice. G. If this Agreement expires or is cancelled or terminated, with or without cause, by either party, at any time, CITY shall not be entitled to any payment, fees or other monies except for payments duly invoiced for then-delivered and accepted deliverables/milestones pursuant to this Agreement. In the event CITY has performed work toward a deliverable that COUNTY has not accepted at the time of expiration, cancellation or termination, CITY shall not be entitled to any payment for said work including but not limited to incurred costs of performance, termination expenses, profit on the work performed, other costs founded on termination for convenience theories or any other payments, fees, costs or expenses not expressly set forth in this Agreement. H. Upon written notice, COUNTY may immediately suspend or cancel/terminate this Agreement in the event any of the following occur: (i) COUNTY does not obtain anticipated funding from an outside source for this project; (ii) funding for this project from an outside source is withdrawn, frozen, shut down, is otherwise made unavailable or COUNTY loses the outside funding for any other reason; or (iii) COUNTY determines, in its sole discretion, that funding is, or has become, insufficient. COUNTY is not obligated to pay for any services that are provided or costs or expenses or obligations incurred or encumbered after the notice and effective date of the suspension or cancellation/termination. In the event COUNTY suspends, cancels or terminates this Agreement pursuant to this paragraph, COUNTY shall pay any amount due and payable prior to the notice of suspension or cancellation/termination except that COUNTY shall not be obligated to pay any amount as or for penalties, early termination fees, charges, time and materials for services not then performed, costs, expenses or profits on work done. I. CITY has an affirmative obligation,upon written notice by COUNTY that this Agreement may be suspended or cancelled/terminated, to follow reasonable directions by COUNTY before incurring or making further costs, expenses, obligations or encumbrances arising out of or related to this Agreement. 14. SURVIVAL OF PROVISIONS Provisions that by their nature are intended to survive the term, cancellation or termination of this Agreement do survive such term, cancellation or termination. Such 9 provisions include but are not limited to: SERVICES TO BE PROVIDED (as to ownership of property); INDEPENDENT CITY; INDEMNIFICATION; INSURANCE; DUTY TO NOTIFY; DATA; RECORDS-AVAILABILITY/ACCESS; DEFAULT AND CANCELLATION/TERMINATION; MEDIA OUTREACH; and MINNESOTA LAW GOVERNS. 15. CONTRACT ADMINISTRATION In order to coordinate the services of CITY with the activities of the Environment and Energy Department so as to accomplish the purposes of this Agreement, Ben Knudson, Waste Reduction and Recycling Specialist, or his successor, shall manage this Agreement on behalf of COUNTY and serve as liaison between COUNTY and CITY. 16. COMPLIANCE AND NON-DEBARMENT CERTIFICATION A. CITY shall comply with all applicable federal, state and local statutes, regulations, rules and ordinances currently in force or later enacted. B. CITY shall comply with all applicable conditions of the COUNTY grant. 17. PAPER RECYCLING COUNTY encourages CITY to develop and implement an office paper and newsprint recycling program. 18. NOTICES Unless the parties otherwise agree in writing, any notice or demand which must be given or made by a party under this Agreement or any statute or ordinance shall be in writing, and shall be sent registered or certified mail. Notices to COUNTY shall be sent to the County Administrator with a copy to the originating COUNTY department at the address given in the opening paragraph of this Agreement. Notice to CITY shall be sent to the address stated in the opening paragraph of this Agreement or to the address stated in CITY's Form W-9 provided to COUNTY. 19. CONFLICT OF INTEREST CITY and COUNTY both affirm that to the best knowledge of each, that each party's involvement in this Agreement does not result in a conflict of interest with any party or entity which may be affected by the terms of this Agreement. Should any conflict or potential conflict of interest become known to a Party, that Party shall immediately notify the other Party of the conflict or potential conflict, specifying the part of this Agreement giving rise to the conflict or potential conflict, and advise the other Party whether the notifying Party will or will not resign from the other engagement or representation. Unless waived by the Party receiving the notice, a conflict or potential conflict may, in either party's discretion, be cause for cancellation or termination of this Agreement. 10 20. MEDIA OUTREACH CITY shall notify COUNTY,prior to publication, release or occurrence of any Outreach (as defined below). The parties shall coordinate to produce collaborative and mutually acceptable Outreach. For clarification and not limitation, all Outreach shall be approved by COUNTY, by and through the Public Relations Officer or his/her designee(s),prior to publication or release. As used herein, the term "Outreach" shall mean all media, social media, news releases, external facing communications, advertising, marketing, promotions, client lists, civic/community events or opportunities and/or other forms of outreach created by, or on behalf of, CITY that directly or indirectly relate to, reference or concern the County of Hennepin in relationship to this Agreement or the services performed hereunder. 21. MINNESOTA LAWS GOVERN The laws of the state of Minnesota shall govern all questions and interpretations concerning the validity and construction of this Agreement and the legal relations between the parties and their performance. The appropriate venue and jurisdiction for any litigation will be those courts located within the County of Hennepin, state of Minnesota. Litigation, however, in the federal courts involving the parties will be in the appropriate federal court within the state of Minnesota. THIS PORTION OF PAGE INTENTIONALLY LEFT BLANK 11 COUNTY BOARD AUTHORIZATION County warrants that the person who executed this Agreement is authorized to do so on behalf of COUNTYY as required by applicable articles, bylaws, resolutions or ordinances.* Reviewed by the County Attorney's COUNTY OF HENNEPIN Office STATE OF MINNESOTA By: Assistant County Attorney Chair of Its County Board Date: ATTEST: Deputy/Clerk of County Board Date: By: County Administrator Date: Recommended for Approval By: By: Acting Director, Assistant County Administrator Environment and Energy Department -Public Works Date: Date: MUNICIPALITY MUNICIPALITY CITY warrants that the person who CITY warrants that the person who executed this Agreement is authorized to do so executed this Agreement is authorized to do so on on behalf of CITY as required by applicable behalf of CITY as required by applicable articles,bylaws, resolutions or ordinances.* articles, bylaws, resolutions or ordinances.* Printed Name: Printed Name: Signed: Signed: Title: Title: Date: Date: 12 *COUNTY AND CITY shall submit applicable documentation(articles, bylaws, resolutions or ordinances) that confirms the signatory's delegation of authority. This documentation shall be EXCHANGED BY EACH at the time CITY returns the Agreement to the COUNTY. Documentation is not required for a sole proprietorship. 13 Hennepin County Residential Recycling Funding Policy January 1, 2017 — December 31, 2020 Board Adopted: November 29, 2016 Hennepin Public Works Environment and Energy Department I. Policy Description A. Background The Hennepin County Board of Commissioners has determined that curbside collection of recyclables and organics from Hennepin County residents is an effective strategy to reduce reliance on landfills, prevent pollution, conserve natural resources and energy, improve public health, support the economy, and reduce greenhouse gases. Therefore, the county adopted the goals established in State Statute and by the Minnesota Pollution Control Agency (MPCA) in its Metropolitan Solid Waste Management Policy Plan and developed a Residential Recycling Funding Policy to help reach a 75% recycling rate by 2030. The county will distribute all Select Committee on Recycling and the Environment (SCORE) funds received from the state to cities for curbside collection of residential recyclables and organics. If cities form a joint powers organization responsible for managing a comprehensive recycling and waste education system for the residents of those cities, the county will distribute recycling and organics grants to that organization. Cities are expected to fulfill the conditions of the policy. B. Term of the Policy Hennepin County is committed to implement this policy and continue distributing all SCORE funds received from the state for the purpose of funding curbside residential recycling and organics programs from January 1, 2017 through December 31, 2020. The county may revise this policy if it determines changes are needed to assure compliance with state law and MPCA goals established for metropolitan counties. In the event that SCORE funds are eliminated from the state budget or significantly reduced, the county will consult with municipalities at that time and develop a subsequent recommendation to the board on continuation of this policy and future funding of curbside recycling and organics programs. C. Grant Agreements Each municipality seeking funding under the terms of the Residential Recycling Funding Policy must enter into a recycling grant agreement with the county for a term concurrent with the expiration of this policy, December 31, 2020. The grant agreement must be accompanied by a resolution authorizing the city to enter into such an agreement. D. Fund Distribution The county will distribute to Hennepin County municipalities 100% of SCORE funds that the county receives from the state. SCORE funds will be dedicated to two different purposes: 1) 1 curbside recycling and 2) curbside organics recycling. SCORE funds are based on revenue received by the State of Minnesota from the solid waste management (SWM) tax on garbage services. SCORE funds are subject to change based on the SWM tax revenue received by the state and funds allocated by the legislature. Funds distributed to municipalities for the current calendar year will be based on SCORE funds received by the county in the state's corresponding fiscal year. II. Recycling A. Allocation of Funds The following formula will be utilized to determine a city's recycling SCORE grant each year. Percent of SCORE funds allocated to curbside recycling: 2017 80% 2018 70% 2019 60% 2020 50% City recycling grant calculation: Number of households with curbside recycling in city Total SCORE Recycling grant x Funds available = amount available Total number of households for recycling to the city with curbside recycling in county Eligible residential households are defined as single family through eight-plex residential buildings or other residential buildings where each housing unit sets out its own recycling container for curbside collection. The number of eligible households will be determined by counting the number of eligible households on January 1 of each funding year. The city will report the number in its application for funding. B. Application for Funding Each municipality must complete an annual grant application by February 15 to receive funding for that year. The application consists of a web-based report and a planning document provided by the county. The web-based report asks for contract, program, tonnage, and financial 2 information. The participation rate for the curbside recycling program must also be included in the web-based report. The municipality must calculate its participation rate during the month of October. The methodology for measuring participation must be provided to the county upon request. The planning document asks for a description of activities the city will implement to increase recycling and make progress toward county objectives. C. Use of Funds The following requirements apply to the use of recycling funds: 1. All grant funds accepted from the county must be used for waste reduction and recycling capital and operating expenses in the year granted. The county will not reimburse any funds in excess of actual expenses. 2. A municipality or joint powers organization may not charge its residents through property tax, utility fees, or any other method for the portion of its recycling program costs that are funded by county grant funds. 3. Municipalities must establish a separate accounting mechanism, such as a project number, activity number, or fund that will separate recycling revenues and expenditures from other municipal activities, including solid waste and yard waste activities. 4. Recycling and waste reduction activities, revenues, and expenditures are subject to audit. 5. Municipalities that do not contract for curbside recycling services will receive grant funds provided that at least 90% of the grant funds are credited back to residents and the city meets all minimum program requirements. The additional 10% may be used for municipal administrative and promotional expenses. D. City Requirements 1. Materials Accepted At a minimum, the following materials must be collected curbside: • Metal food and beverage cans; • Glass food and beverage containers; • Cardboard boxes; • Newspaper and inserts; • Mail, office and school papers; 3 • Cereal, cracker, pasta, cake mix, shoe, gift, and electronics boxes; • Boxes from toothpaste, medications and other toiletries; • Magazines and catalogs; • Aseptic and gable-topped containers; and • Plastic bottles and containers, #1 — Polyethylene Terephthalate (PET, PETE), #2 High Density Polyethylene (HDPE), #4— Low Density Polyethylene (LDPE) and #5 — Polypropylene (PP) plastic bottles, except those that previously contained hazardous materials or motor oil. The county may add materials to this list and require municipalities to begin collection within one year of receiving notification from the county. Municipalities will notify the county if materials not found on this list will be collected. 2. Education and Outreach The partnership between the county and municipalities has been highly effective in educating residents and motivating behavior change. In order to continue this partnership and increase these efforts, program activities of municipalities must be coordinated with county and regional efforts. Municipalities must adhere to the following requirements: a. Use county terminology when describing recycling guidelines, including the description of materials accepted and not accepted, preparation guidelines, and promotional materials; b. Use images provided by the county or the Solid Waste Management Coordinating Board (SWMCB) if using images of recyclables; c. Provide recycling information on the city's website, including materials accepted and not accepted, a recycling calendar, and links to county resources; d. Mail a recycling guide to residents each year using a template developed jointly with the county. The county will design and print the guide. If a municipality does not use the template produced by the county, the municipality may develop its own guide at the municipality's expense, but it must be approved by the county. If the municipality relies on the hauler to provide the recycling guide, this guide requires approval by the county. e. Complete two educational activities from a menu of options developed by the county. 4 Any print material that communicates residential recycling guidelines that were not provided by the county template will require county approval. This does not apply to waste reduction and reuse, articles on recycling that do not include guidelines, or social media posts. The county will respond within five business days to any communication piece submitted. 3. Recycling Performance On an annual basis, municipal recycling programs must demonstrate that a reasonable effort has been made to maintain and increase the pounds of recyclables per household collected from their residential recycling programs. If a municipality does not demonstrate measureable progress, a recycling improvement plan must be submitted by the municipality within 90 days of being notified by the county. The recycling improvement plan must be negotiated with the county and specify the efforts that will be undertaken by the municipality to improve its recycling program to yield the results necessary to achieve county objectives. In cooperation with the county, the municipality may be required to participate in waste and recycling sorts to identify recovery levels of various recyclables in its community. Based on the results of the study, the county and municipality will collaborate to increase the recovery of select recyclable materials being discarded in significant quantities. E. Grant Payments The county will make two equal payments to the municipality. One payment will be made after the county receives the application, which consists of the web-based report and the planning document. A second payment will be made after basic program requirements, education and outreach requirements, and recycling performance have been confirmed and approved. If the municipality meets the county requirements, both payments will be made during the same calendar year. Funding will be withheld until the municipality meets the requirements of this policy. III. Organics Recycling A. Allocation of Funds The following formula will be utilized to determine a city's organics recycling SCORE grant each year: 5 Percent of SCORE funds allocated to curbside organics recycling: 2017 20% 2018 30% 2019 40% 2020 50% City organics recycling grant calculation: Number of households with curbside organics in city Total SCORE Organics grant x funds available for = amount available Total number of households organics to the city with curbside organics in county If the formula above results in cities receiving grants where the dollar amount per participating household is greater than $25 per year, then a cap will apply. The funding cap per participating household is $25 per year. The most the county will grant a city is $25 per participating household per year. If funds are left over because of the cap, those funds will carry over into the following year's SCORE funds. Eligible residential households are defined as single family through eight-plex residential buildings or other residential buildings where the household is signed up for organics service and the household sets out its own container with organics for curbside collection. The number of eligible households will be determined by counting the number of eligible households on September 1 of each funding year. The city will report the number in the application for funding. B. Application for Funds Each municipality must complete an annual application provided by the county by September 1 to receive funding. As a part of the application, a city must submit the number of households signed up for and receiving curbside organics service. C. Use of Funds The grant funds may be used for program expenses, including the following: • Discount to new customers • Discount to existing customers • Referral incentives • City contract costs 6 • Education and outreach • Compostable bags • Kitchen containers • Carts Program administration is not an eligible expense. Yard waste expenses are not eligible. If organics are co-collected with other waste, the organics expenses must be tracked separately. If a city passes funds through to a hauler, 100% of those funds must be credited to residents' bills. In addition, the following requirements apply: • All grant funds must be used during the term of the agreement. Funds not spent must be returned to the county. • Funds must be expended on eligible activities per Minnesota State Statute 115A.557. • A municipality or joint powers organization may not charge its residents through property tax, utility fees, or any other method for the portion of its organics program costs that are funded by county grant funds. • Municipalities must account for organics expenditures separately upon request by the county. Expenditures are subject to audit. D. Education and Outreach Requirements The partnership between the county and municipalities has been highly effective in educating residents and motivating behavior change. In order to continue this partnership and increase these efforts, program activities of municipalities must be coordinated with county and regional efforts. The following requirements apply: 1. Use county terminology when describing organics recycling guidelines, including the description of materials accepted and not accepted, preparation guidelines, and promotional materials; 2. Use images provided by the county or the SWMCB if using images of organic materials; 3. Provide organics recycling information on the city's website, including material accepted and not accepted, service options, and links to county resources; 4. Work with the county to develop promotional resources to increase participation. 7 E. Reporting A report on the city's organics program must be submitted electronically to the county by February 15 following each year. The report must include, but is not limited to, the following: Basic Program Information • Hauler(s) • Collection method • Where organics were delivered to and processed • Is service opt-in or opt-out • Cost of service to residents; contract cost for city • How the service was billed • Items included in service, such as curbside collection, cart, compostable bags, etc. Results • Tons • Number of households signed up • Average pounds per household per year • Participation (set-out rate on pickup day) • Program costs • How funds were used F. Grant Payment The county will make one organics grant payment to a municipality each year. The payment will be made after the county receives the application and confirms that the municipality meets the requirements of this policy. 8 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar January 17, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: #11-5800 ITEM NO.: Randy Newton Adopt Resolution Authorizing Settlement of VIII.H. Public Works/Engineering Easement Acquisitions for Parcel 30 for the Shady Oak Road South Improvements Project Requested Action Move to: Adopt a resolution authorizing settlement regarding acquisition costs for easements over and across certain real property in Eden Prairie, MN, related to the Shady Oak Road South Improvements project in the amount of$115,000.00. Synopsis A proposed settlement in the amount of$115,000.00, subject to Council approval, has been reached regarding the acquisition costs for a temporary construction easement and a permanent easement for roadway and utility purposes over and across real property commonly known as 6640 Shady Oak Rd., Eden Prairie, MN (the "Property"), which the City previously acquired by condemnation for the Shady Oak Road South Improvement project. The settlement amount of $115,000 includes all claims and costs associated with the easement acquisition, including attorney's fees. Background Information The City commenced a condemnation action in Hennepin County District Court related to Project I.C. 11-5800, which is commonly known as the Shady Oak Road South Improvements project(the "Project"). The Project includes acquiring permanent and temporary easements over and across the Property. The Court awarded the City possession of the easements, and the sole remaining issue is resolution of the acquisition cost for the easements. The City authorized acquisition of the necessary easements over the Property for$51,050.00, which was based on an appraisal obtained by the City Attorney. The Property owner rejected the City's appraisal valuation, and after further negotiation and consultation the City Attorney and City Engineer recommend that the City Council agree to settle for$115,000.00, which includes all claims and costs associated with the easement acquisition, including attorney's fees. The settlement is conditioned upon the execution of a settlement agreement to be drafted by the City Attorney. The Mayor, City Manager, and the City Attorney are authorized to execute documents as necessary to achieve such settlement. A 5 (five) day commissioners' hearing is scheduled for the week of July 17, 2017. Upon settlement, the City will save additional on legal fees and expert witness fees associated with the upcoming commissioners' hearing. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2017- RESOLUTION AUTHORIZING SETTLEMENT OF EASEMENT ACQUISITIONS FOR PARCEL 30 OF THE SHADY OAK ROAD SOUTH IMPROVEMENTS I.C. 11-5800 WHEREAS, the City of Eden Prairie ("City") commenced a condemnation action related to project number I.C. 11-5800, commonly known as the Shady Oak Road South Improvements project(the "Project"); and WHEREAS, the Project included taking permanent and temporary construction easements from a parcel located in Eden Prairie and commonly known as 6640 Shady Oak Road, Eden Prairie, Minnesota("Parcel 30" or the "Property"); and WHEREAS, the District Court awarded the City possession of the easements on April 28, 2014; and WHEREAS,the sole remaining issue is resolution of the acquisition cost for the easements; and WHEREAS, the City previously authorized acquisition of the easements for the sum total of $51,050.00 based upon an appraisal valuation; and WHEREAS,the Property owner rejected the City's appraisal valuation; and WHEREAS, after negotiations between the parties the City Engineer and City Attorney recommend that the City Council agree to settle for $115,000.00, which includes all claims and costs associated with the easement acquisition, including attorneys' fees. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council that: 1. The Recitals set forth above are incorporated herein; 2. The City Council approves the settlement for easement acquisition in the amount of$115,000.00 which includes all claims and costs associated with the easement acquisition, including attorneys' fees and which is conditioned upon the execution of a settlement agreement to be drafted by the City Attorney. ADOPTED by the Eden Prairie City Council on January 17, 2017. Nancy Tyra Lukens, Mayor SEAL ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar January 17, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Matt Bourne, Parks and Amend Professional Services Agreement VIII.I. Natural Resources Manager, with WSB for Design Phase Services for Parks and Recreation Riley Lake Park Renovation Motion Move to: Authorize the Amendment to Standard Agreement for Professional Services with WSB &Associates, Inc. for Design Phase Services for Riley Lake Park Renovation at a cost not to exceed $119,875.00. Synopsis Staff recommends amending the professional services agreement with WSB &Associates for development of design and construction documents for improvements to Riley Lake Park. The original agreement did not include design and construction planning for many features and amenities that have been identified through the master plan. Background WSB &Associates was selected to complete a master plan and construction documents for the Riley Lake Park boat launch redevelopment. After completing the master plan, additional park features and amenities were identified that were not included in the original scope of work for the project and staff would like WSB to continue to develop designs and construction documents for these areas. These additional areas and features are listed in the amendment document. WSB &Associates has performed similar work with the development of the Round Lake master plan and staff recommends them for this project. Recommendation The proposal from WSB &Associates is in line with our estimate and staff recommends approval of this amendment. Attachments First Amendment to Standard Agreement for Professional Services Contract Amendment Request Letter from WSB &Associates First Amendment To Standard Agreement for Professional Services This First Amendment to Standard Agreement for Professional Services (Amendment) is made on the 17th day of January, 2017, 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 Company (hereinafter "Consultant") whose business address is 701 Xenia Avenue South, Suite 300, Minneapolis, MN 55416. WHEREAS City and Consultant entered into a Standard Agreement for Professional Services on the 16th day of August, 2016 for the work described in Exhibit A thereto; and WHEREAS City and Consultant desire to amend paragraphs 1 and 3 of the Agreement relating to the Scope of Work and Compensation to be paid to the Consultant. NOW THEREFORE THE PARTIES AGREE AS FOLLOWS: 1. SCOPE OF Work: The Scope of Work identified in Paragraph 1, Exhibit A, is amended to include the following additional services: A. Additional topographic survey B. Design and construction documents for the following elements/areas; a. New entrance drive b. Regional trail revisions c. Schematic grading of the future plaza/beach building area to confirm fit for beach expansion improvements d. Overlook shelter e. Seating overlook without shelter f. Boater picnic area g. Relocation of storage buildings h. Group picnic areas i. Expanded interior park trails 2. Compensation for Services: Paragraph 3 is amended to state that the City agrees to pay the Consultant on an hourly basis plus expenses in a total amount not to exceed $119,875 for the services as described in Exhibit A as amended hereby. 3. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. 4. Entire Agreement. This Amendment constitutes the entire agreement between the parties with respect to the matter herein contained and all prior negotiations with respect to the subject matter herein contained are merged into and incorporated into this Amendment, and all prior documents and correspondence between the parties with respect to the subject matter herein contained (other than the Agreement) are superseded and of no further force or effect. 5. Binding. This Amendment shall be binding upon and unsure to the benefit of the parties hereto. 1 Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager WSB &Associates, Inc. By: Its: 2 WSB 701 Xenia Avenue South I Suite 300 I Minneapolis,MN 55416 I(763)541-4800 December 21, 2016 Mr. Matt Bourne Parks & Natural Resources Manager City of Eden Prairie 15150 Technology Drive Eden Prairie, MN 55344 Re: Riley Lake Park— Request for Contract Amendment Related to Project Scope Expansion City of Eden Prairie, MN WSB Project No. 02127-070 Dear Mr. Bourne: WSB is very pleased that the City of Eden Prairie is happy with the Riley Lake Park site plan development that our team recently completed with you. We are also excited to move into final design of the proposed improvements. We are providing this contract amendment request to expand the project scope to reflect the adjusted vision and budget for the Phase One development as discussed with you and Mr. Lotthammer last week, Elements/areas of expanded scope: • New entrance drive • Regional trail revisions • Schematic grading of the future plaza/ beach building area to confirm fit for beach expansion improvements • Overlook shelter(we will work with a vendor to customize a pre-fabricated product) • Seating overlook without shelter • Boater picnic area • Relocation of storage buildings • Group picnic areas • Expanded interior park trails We understand that the city will coordinate the new entrance drive with Three Rivers Park District as this will require their formal approval to cross their property and regional trail in a new location. The originally defined budget in the 2015 issued RFP was $800,000. The adjusted target construction budget for the development of Phase One 'base bid' is $1.5 million. The project will also include select 'alternate bid items' with a target budget of$500,000. The target total for all designed improvements ('base bid' plus 'alternate bid items') is $2 million. Although building architecture is not included in this amendment request, we would be happy to add this service at additional fee if desired by the City of Eden Prairie. The following table provides a summary of scope expansion and related fees. Building a legacy—your legacy. Equal Opportunity Employer I wsbeng.com K:\02127-070Wdmin\Contract\2016-12-21 MattBourne-Contract Amendment Request.docx Mr. Matt Bourne December 21, 2016 Page 2 Item Description of Added/ Modified Service Fee 1 Topographic survey for areas impacted by proposed new entrance road and trail $2,500.00 expansion Design development(30% Review)for the elements/areas of expanded scope 2 identified above in this letter. This will involve suggested materials, colors, textures for $16,500.00 expanded features. Construction documents (60% Review) for the elements/areas of expanded scope 3 identified above in this letter. These elements include, but are not limited to, expanded $16,500.00 removals, layout, grading, restoration, details, specifications, quantities and estimates. Construction documents (100% Final) for the elements/areas of expanded scope 4 identified above in this letter. These elements include, but are not limited to, expanded $22,250.00 removals, layout, grading, restoration, details, specifications, quantities and estimates. Total contract amendment request(hourly-not-to-exceed) $57,750.00 Project Summary: Original contract amount $62,125 Contract amendment request $57,750 Total contract upon approval $119,875 Thank you again for this opportunity. We look forward to hearing from you and continuing with this very exciting community project. Please contact me at 763-231-4841 if you have any questions or would like to discuss further. Sincerely, WSB &Associates, Inc. Jason L. Amberg, RLA Principal / Landscape Arch. Group Manager C\02127-070\Admin\Contract\2016-12-21 MattBourne-Contract Amendment Request.docx CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar January 17, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Richard Rosow, City Attorney Set Date for Consideration of Appeal From VIII.J. Order of Planning Commission Acting as Board of Adjustments and Appeals Requested Action Move to: • Set date of February 14, 2017 for hearing on appeal of ERS, Development LLC from the January 9, 2017 Order of Planning Commission acting as the Board of Adjustments and Appeals. Synopsis In 2016 the City received an application appealing a staff determination regarding a non- conforming use located on Beach Circle. In 2016 the property owner of 12551 Beach Circle sought confirmation from City staff that the non-conforming use of a second dock serving property not abutting the lake remained as legal non-conforming use. At the time 12551 Beach Circle was being marketed for sale. City staff conferred with the City Attorney and provided a determination to ERS Development that the non-conforming use status of the dock had been lost due to the discontinuance of the use of the dock for over a year. ERS Development LLC filed an appeal of that determination. The Planning Commission acting as the Board of Adjustment held a hearing on December 12, 2016 to determine whether there was any error in the determination made staff in the enforcement of the land use regulations. On January 9, 2017 the Planning Commission approved an Order and adopted Findings of Fact, Conclusions and Order upholding the decision of staff. The property owner has appealed the Order. Pursuant to City Code Section 2.26, Subd. 2. A. 3 the City Council is required to set a date for a hearing thereon, which date must not be more than sixty days following this meeting. The Council's review is made upon the petition, and all the files, records and proceedings in the matter. The City Attorney recommends the date be set for the next Council meeting, February 14, 2017. Attachments Letter of Appeal Planning Commission Order BECK LAW OFFICE Peter K Beck 4746 Sheridan Ave.S. Attorney at L a\\ 612-991-1350 Minneapolis.MN 55410 peter@peterbecklaw.com January 12, 2017 Kathleen Porta, City Clerk City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344-2203 Re: ERS Development Appeal, 12551 Beach Circle Dear Ms Porta: This letter is submitted pursuant to Eden Prairie City Code Section 2.26, subdivision 2(A)(3) to appeal to the City Council the January 9, 2017 decision of the Eden Prairie Planning Commission, acting as the Board of Adjustments and Appeals, denying the appeal of ERS Development from a staff determination. Sincerely, PETER K. BECK ATTORNEY AT LAW PLLC B : y Peter K. Beck PKB:tk cc: Ric Rosow,City Attorney Julie Khmer,City Planner ZONING APPEAL # 2016- 18 CITY OF EDEN PRAIRIE PLANNING COMMISSION FINAL ORDER 2016 - 18 t APPLICANT : ERS Development LLC c/o Peter Beck OWNER ERS Development, LLC c/o Peter Beck ADDRESS : 12551 Beach Circle, Eden Prairie, MN OTHER DESCRIPTION : Lot 2 , Block 1 , ERS Estates APPEAL REQUEST : • To allow the continuance of a non- conforming use for a second dock serving property not abutting a lake . City Code peiniits one dock per abutting lot . The Board of Adjustments and Appeals for the City of Eden Prairie at a regular meeting thereof duly considered the above petition and after hearing and examining all of the evidence presented and the file therein does hereby find and order as follows : 1 . All procechgrequirements necessary for the review of said appeal have been met . (Yes X No N/A) . 2 . App ( 2016 - 18 is : upheld overturned 3 . Findings of fact and conclusions are attached as Exhibit A. 4 . This order shall be effective fifteen days after the decision of the Board of Adjustment and Appeals or on January 24, 2017 . 5 . All Board of Adjustments and Appeals actions are subject to City Council Review. x BOARDF ADJUSTMENTS AND APPEALS is N/A = Not Applicable BY : x w Andrei�' !ire y I — Vice Chair Date : 41 - 09 - 1 THE PLANNING COMMISSION OF THE CITY OF EDEN PRAIRIE FINDINGS OF FACT, CONCLUSIONS AND ORDER RE : SECOND DOCK AT LOT 8 , BLOCK 1 , THE COVE FOR THE BENEFIT OF LOT 8 , BLOCK 1 , ERS ESTATES 12551 BEACH CIRCLE FINDINGS : 1 . ERS Development and its owner Dr. Elmer Salovich (collectively referred to herein as "Petitioner") have appealed a decision by City staff that the nonconforming right to install and maintain a dock on Lot 8 , Block 1 , the Cove for the use of Lot 2 , Block 1 , ERS Estates has been discontinued and that the use and occupancy of a dock as a nonconforming legal use has terminated . 2 . City adopted ordinance 17 -2005 , effective on September 15 , 2005 , which amended City Code Section 11 . 75 to state in relevant part : Subd. 1 . Non- conforming uses may be continued, including through repair, replacement, restoration, maintenance or improvement, but not including expansion, unless: A . A non-conforming use is discontinued for a period of more than one year, The City Code amendment follows Minn . Stat . Section 462 . 357, Subd le, which states that a nonconforming use or occupation of land may be continued, including through repair, replacement, restoration, maintenance, or improvement, but not including expansion, unless: (1) the nonconformity or occupancy is discontinued for a period of more than one year. 3 . Lot 10 , Block 1 , The Cove was acquired by Elmer Salovich on November 30 , 2005 from Barbara Turner. The deed provides for the conveyance of Lot 10, Block 1 , The Cove " Together with a non-exclusive easement over the Southeasterly 20 feet of Lot 8, Block 1, The Cove, for the purposes of access to Bryant 's Long Lake and for the purpose of maintaining a boat dock on the shore thereof " The deed is attached as Exhibit A and made a part hereof 4 . On June 20, 2006 Petitioner was granted final plat approval to subdivide Lot 10, Block 1 , The Cove into Lot 1 , Block 1 and Lot 2, Block 1 , ERS Estates . 5 . An Area Location Map identifying Lot 2, Block 1 , ERS Estates as 12551 Beach Circle ; Lot 8 , Block 1 , The Cove as 12530 Beach Circle ; and Lot 1 , Block 1 , ERS Estates as Parcel Created 2006 is attached as Exhibit B and made a part hereof 6 . The staff report dated March 10, 2006 relating to the preliminary plat approval of ERS Estates stated : The existing lot has an easement to the lake across a 1 a property to the northeast and a dock. This dock is non-conforming. The use of this dock may continue . In order to have a dock a lot must abut the lake. The proposed second lot is not entitled to an additional dock on the lake. The staff report is attached as Exhibit C and made a part hereof. 7 . A house and garage were present on Lot 2 , Block 1 , ERS Estates at the time of platting . Petitioner informed the Planning Commission that Petitioner had taken out building permits for renovation of the house over time . Exact dates were not given. City records disclose that subsequent to the subdivision of Lot 10, 18 building permits for various improvements to the house on Lot 2, Block 1 , ERS Estates were issued . Two (2) permits were issued in 2006 ; two (2) permits were issued in 2009 ; one ( 1 ) permit was issued in 2013 and two (2) permits were issued in 2014 . Eleven ( 11 ) of the eighteen ( 18) permits were issued in 2015 . A list of the permits issued, as reflected in the City ' s files is attached as Exhibit D and made a part hereof. 8 . Petitioner has not had a dock located on the shore into the lake of Lot 8, Block 1 , The Cove beginning in 2006 . 9 . Petitioner asserts that the failure to locate a dock on the shore of Lot 8, Block 1 , The Cove, did not indicate an intention to abandon the use of the property for a dock . 10 . In 2016 Petitioner entered into a purchase agreement to sell Lot 2 , Block, 1 , ERS Estates . 11 . The purchaser requested that Petitioner confirm that a second dock was still an allowable use on Lot 8 , Block 1 , The Cove for the benefit of Lot 2, Block 1 , ERS Estates . tl 12 . On May 23 , 2016 Peter Beck, Petitioner ' s attorney, submitted a letter to the City Planner requesting a decision from the City as follows : "For these reasons, we request that the City provide formal confirmation that the nonconforming use rights of the Property recognized by the City in 2006, to access Bryant Lake via the 20 foot easement over Lot 8, Block 1, The Cove, and to install a dock on the Lake, remain . " The letter is attached as Exhibit E and made a part hereof. 13 . On June 29, 2016 the City Attorney provided an opinion to the City Planner concluding that : A property owner is permitted to continue a nonconforming use unless such use is discontinued for a period of more than one year. The property owner 's intent surrounding its failure to use the nonconformity is irrelevant, as is whether the use was "abandoned " Salovich has not used the easement to maintain a dock on Bryant Lake for ten years. It is our opinion that Salovich has discontinued the nonconforming use and that any future use of the Property must conform to the Code . Because it does not abut the lake, the Property may not maintain a dock on the lake . The City should decline to provide the `formal confirmation " requested by ERS. The City may instead inform ERS/Salovich that the property has lost its legal nonconforming use status by virtue of 2 discontinuance of the nonconforming use for a period of more than a year. The letter was attorney- client privileged but the City elected to waive the privilege and release the letter to Petitioner and as part of the Planning Commission agenda packet shortly before the December 12 , 2016 Planning Commission meeting . A copy of the letter is attached as Exhibit F and made a part hereof. 14 . The City Planner concluded that the nonconforming right to install and maintain a dock on Lot 8 , Block 1 , the Cove for the use of Lot 2 , Block 1 , ERS Estates had been discontinued and that the use and occupancy of a dock as a nonconforming legal use had terminated. 15 . On June 22 , 2016 the City Attorney sent Mr. Beck, Petitioner ' s attorney, an email in response to Mr. Beck ' s inquiry, informing Petitioner of the City Planner ' s conclusion and stating that : I have reviewed the letter you sent and the cases and law. I have just this morning advised City staff that in my opinion the property has lost its legal non-conforming status for the dock use as a result of the discontinuance for more than a year of this use. I was going to give you a more `formal " reply in letter format but understand your need for a prompt reply today. 16 . On October 11 , 2016 Petitioner ' s attorney filed an appeal of the City Planner ' s decision. The letter is attached as Exhibit G and made a part hereof. 17 . On December 12 , 2016 the Planning Commission, acting in its role as the Board of Adjustments and Appeals, heard the appeal of Petitioner . 18 . Prior to the meeting the Petitioner submitted his written statement, a copy of which was included in the meeting agenda packet for the Planning Commission and is attached as Exhibit H and made a part hereof 19 . The Planning Commission heard from the City Planner who explained the background on the prior nonconforming use . 20 . The Planning Commission heard from the City Attorney who explained his letter to the City Planner dated June 29, 2016 . The City Attorney explained that prior to the amendment of the City Code effective September 15 , 2005 intent to abandon had been a determining factor in whether a nonconforming use could continue . The City Attorney further explained that the amendment to the City Code effective September 15 , 2005 removed the intent to abandon standard and replaced it with a discontinuance standard . The City Attorney explained that the current standard in both City Code and State Law as to whether a nonconforming use can continue is whether or not the nonconforming use was discontinued for a period of more than one year. 21 . Peter Beck, attorney for the Petitioner, addressed the Planning Commission . Mr. Beck told the Planning Commission that Petitioner never intended to abandon the use of the dock as a nonconforming legal use . Mr . Beck stated that the dock was a deeded property right that could not be taken without compensation . He stated that 3 the loss of the dock would cost Petitioner hundreds of thousands of dollars . Mr. Beck also stated that there is nothing in the staff report [March 10, 2006] that says there had been a dock there continually. 22 . The Petitioner read his written statement and made additional comments to the Planning Commission. The Petitioner stated that he purchased Lot 10, Block 1 , The Cove (in 2005) for $ 952, 937 ; that reconstruction of the house on Lot 2 , Block 1 , ERS Estates took much longer than expected due to numerous factors ; that the final cost for the renovation of the house on Lot 2 , Block 1 , ERS Estates ended up being $ 1 , 198 , 662 ; that his total investment in Lot 10 , Block 1 , The Cove (now Lots 1 and 2, Block 1 , ERS Estates) was $2 , 118 , 154 . Petitioner further stated that he never intended to abandon the dock; that no one from the city told him in connection with the subdivision in 2006 or at any time since then that it would be necessary to put a dock in the lake each year, even though the property was vacant, in order to maintain the dock rights recognized in 2006 staff report . Petitioner stated that from 2006 until 2016 no one had been living on the property (Lot 2) and there was no need to incur the additional cost of putting a dock in and out each spring and fall. Petitioner stated that when he purchased Lot 10 , Block 1 , The Cove , in 2005 he did so on reliance that he had a legal right as the property owner to install a dock. Petitioner further stated that he had been unable to sell Lot 1 , Block 1 , ERS Estates or Lot 2, Block 1 , ERS Estates . Petitioner stated that if he was unable to install a dock on the lake he will incur an additional loss on Lot 2, Block 1 , ERS Estates of $400 , 000 or more . 23 . The real estate agent for Petitioner addressed the Planning Commission as to the marketing and interest in the sale of Lot 2 , Block 1 , ERS Estates and stated that the property would sell for less if it did not have dock legal nonconforming use rights . 24 . Several other individuals spoke before the Planning Commission. Mr. Beck spoke again and stated that he believed the law required the showing of the property owner ' s intent to abandon in order to lose a nonconforming right . 25 . In response to discussion by the Planning commission, the City Attorney explained that both City Code and State Law had amended the standard from abandonment to discontinuance . The City Attorney indicated that the Haefele case from 2000 involving the City of Eden Prairie occurred prior to the amendment to City Code . Cases since the amendment to City Code have held that intent to abandon is no longer relevant because the standard had been amended to discontinuance . 26 . Mark Eckstein, the party who had entered into a purchase agreement to purchase Lot 2, Block 1 , ERS Estates from the Petitioner addressed the Planning Commission. He stated that he had been advised by friends living on Lake Riley to inquire about the status of the dock for the benefit of Lot 2 , Block 1 , ERS Estates . When a decision about the dock did not occur within the contingency period the purchase agreement lapsed . Mr. Eckstein stated that he would not purchase the lot without the right to a dock at the current price . 4 27 . Bruce Paradis, property owner of Lot 8 , Block 1 , The Cove addressed the Planning Commission stating that he was in favor of upholding the City Planner ' s decision . Mr. Paradis stated that at least ten years ago a dock and lift was not removed from the lake and came into a state of disrepair. Mr. Paradis stated that the dock was pushed out of the lake and up onto his property by ice . Mr. Paradis repeatedly requested that the owner of Lot 2 , Block 1 , ERS Estates remove the dock from his property. When no response was received Mr. Paradis removed the dock from his property. 28 . In response to discussion by the Planning commission, the City Attorney addressed the amendment of the City Code which revised the standard to discontinuance . The City Attorney explained that when a text amendment such as this was adopted notice of the amendment would be published in the paper and a public hearing held . The law then places the burden on the property owner to perform due diligence in regards to zoning amendments . The City Attorney also noted that the amendment occurred in September 2005 ; the purchase of Lot 10, Block 1 , the Cove in November 2005 and the subdivision in 2006 . 29 . Robert Carlson submitted a written statement . Mr. Carlson stated he has been the property owner at 12535 Beach Circle since 2005 . Mr. Carlson stated he was in support of the zoning department decision regarding use of the easement . Mr Carlson stated the easement borders his property for which there has not been any activity since purchasing his lot and that any addition of docks/boats to a limited shore area would create a hazard with additional boats using this area. 30 . The Planning Commission asked questions of the Petitioner, the property owner of Lot 8, Block 1 , The Cove, the City Planner, the City Attorney, and the proposed purchaser . CONCLUSIONS : a. The right to maintain a dock on Lot 8 , Block 1 , The Cove for the benefit of Lot 2 , Block 1 , ERS Estates granted by deed dated November 30, 2005 , was a legal nonconforming use in 2005 . b . The Petitioner admits that he ceased the use of a dock on Lot 8, Block 1 , The Cove for the benefit of Lot 2, Block 1 , ERS Estates from 2006 until the present . c . The legal nonconforming use and occupancy of a dock on Lot 8, Block 1 , The Cove for the benefit of Lot 2, Block 1 , ERS Estates terminated pursuant to Minnesota Statutes Section 462 . 357 Subd, le and City Code Section 11 . 75 for lack of use and occupancy for over one year . d . Intent to abandon a use or occupancy is not a legal criteria under State law or City Code to determine whether a legal nonconforming use terminates . 5 ORDER : The Planning Commission hereby upholds the decision of the City Planner that the use and occupancy of a dock on Lot 8, Block 1 , The Cove for the benefit of Lot 2, Block 1 , ERS Estates as a nonconforming legal use has terminated . 6 EXHIBIT A (SE. E ATTACHED) • • • • • k • • Doe No 4413949 05/08/2007 03:00 PM Certified filed and or recorded on above date: Office of the Registrar of Titles ' • • Hennepin County, Minnesota Michael H, Cunnlff, Registrar of Titles TransID 333427 Deputy 56 ' , New cart Cart Fees • • 1194758 $ 1 .50 AF ' 764599 $ 10, 50 STATEFEE $54 ,00 TOOCFEE • r „ J r I $0,00 TSUR • $2 ,00 COPY • • $68. 00 Total Form No . FM - WARRANTY DEED indlvidual(s) to Indivldual(s) DEED TAX DUB: $3 , 162 .00 Date : November 30, 2005 FOR VALUABLE CONSIDERATION, Barbara C. Turner, a single person , Grantor, hereby conveys and warrants to Elmer It. Snlovich, Grantee , real in Hennepin County, Minnesota, described as follows : property Lot I0, Block 1 , The Cove, Hennepin County, Minnesota , Together with a non-exclusive easement over the Southeasterly 20 feet of Lot 8 , Block I , The Cove, for the purpose of access to Bryant ' s Long Lake and for the purpose of maintaining a boat dock on the shore thereof. • h PflTh 02- 116-22-33 -0002 together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions : Covenants, conditions, • restrictions and easements of record, if any checic box if applicable : ■ The Seller certifies that the seller does not know of any wells on the described real property II A well disclosure certificate accompanies this document, S O I am familiar with the property described in this Instrument and I certify that the status and nuns r 8,f $1Is on the described real property have not changed since the last previously filed well disclosure certificate. , . • • • Barbara C. Turner Affix Deed Tax Stamp Here STATE OF NIINNESOTA ss. COUNTY 01-+' 1IXOIV7`IEI'IN The instrument was acknowledged before me on November 30 , 2005 , by arbara C, umer, a singl pt: .al n. fi NOTARIAL STAMP OR SEAL (OR O'i't1RR TITLE OR 1tANK): j J fj "steed �r to QI A ' . RI3 OF140 nv PUBLIC OR Matt OPJ NAL 4. >JAMES A . LUNDBERG r• ss" ltcclt here if part or all of the land is ltrsblf '4red ( tarn is) Ikl Sli :4 NOTARY PUBLIC-MINNESOTA ¶k,Y 9Z$ My aommlaeton Expltaa Jan, 9112010 fY r . .. • !4'v1 ./itVtlVl7ilV tt Tax Statements for the real property described In this instrument should b c sent to ( include nnrua and address of Rruntce): T1IfS INSTRUMENT WAS DRAT 1 CD BY (NAME AND ADDRESS): / � - i � , Eimer R• Salovich ` f � v � �M,'!' t�,��=r'"�f/ International Closing Services, Inc, lit Bv, olt E7irele , /y�� r,�G Ext6600 France Avenue South, Suite 640 � ' - Edina, Minnesota 55435 DU' iu'Manued9t* -5-314 4% File No.: 57743 '' ' � / / ` / EXHIBIT B Area Location Maps ERS Development LLC Eden Prairie , MN V.Q. A11. A. _t Bryant Lake y. lo Beach Road ` \tip ik 1 xi 12530 t .. i Beach Circle „s„, , .„..., 5i, 5N,N, `�. 12551 494 J 5 Parcel created tt,. \ in 2006 i Y 211 . . Irck , \ CIA 71 fit k i} lit 0 115 230 46 Feet S + ` i 1 1 I 1 1 1 a . tip, J. X III3ITC 9 (S A TACH ED) 1 STAFF REPORT TO : Planning Commission FROM : Regina Herron, Planner I THROUGH : Scott Kipp , Senior Planner DATE : March 10, 2006 SUBJECT : ERS Estates f APPLICANT/ OWNER : ERS Development, LLC LOCATION : 12551 Beach Circle REQUEST : 1 . Preliminary Plat of 1 . 33 acres into two lots Staff Report — ERS Estates March 10 , 2006 Page 2 BACKGROUND The Comprehensive Guide Plan shows this site and adjacent properties as Low Density Residential for up to 2 . 5 units per acre. The property and surrounding zoning is R1 -22 . There is an existing house and garage located on the property. PRELIMINARY PLAT The proposal is to plat the property into two single-family lots . Lot one is 32 , 145 square feet and lot two is 25 , 867 square feet, exceeding the minimum 22 , 000 square foot requirement, The lots on Beach Circle average range from 47 , 000- 68 , 000 square feet. Lot dimensional and frontage requirements also conform to the R1 -22 zoning district. The existing and proposed house pads meet City Code for R1 -22 setback requirements . GRADING AND TREE LOSS The plan shows tree loss based on proposed house pads . The primary trees species on this property are oak trees totaling 286 diameter inches of significant trees on the property . Tree loss due to construction has been calculated at 51 % , or 148 caliper inches . Tree replacement is 102 caliper inches . The tree replacement plan shows 108 caliper inches meeting this requirement . SHORELAND ORDINANCE The lot is not adjacent to Bryant Lake and provision of the Shoreland Ordinance relative to lot size, dimension and setbacks do not apply. The existing lot has an easement to the lake across a property to the northeast and a dock . This dock is non-conforming. The use of this dock may continue . In order to have a dock a lot must abut the lake . The proposed second lot is not entitled to an additional dock on the lake , UTILITIES Public water is currently not available to the property . A well will be needed . Sewer is available to the site from Beach Road . STAFF RECOMMENDATION Recommend approval of the following request : 1 . Preliminary Plat of 1 . 33 acres into two lots . This is based on plans stamp dated March 8 , 2006, the Staff Report dated March 10 , 2006 and the following conditions : 1 . Prior to release of the final plat, the proponent shall : Staff Report — ERS Estates March 10 , 2006 Page 3 A . Submit detailed storm water runoff, utility , and erosion control plans for review and approval by the City Engineer and Watershed District . B . Pay all City sewer and wate r assessment and connection fees . 2 . Prior to grading permit issuance , the proponent shall : A . Notify the City and Watershed District 48 hours in advance of grading. B , Install erosion control on the property, as well as tree protection fencing at the grading limits in the wooded areas for trees to be preserved as part of the development. Said fencing shall be field inspected by the City Forester prior to any grading . 3 . Prior to building permit issuance for the property, the proponent shall : A . Provide a tree replacement surety equivalent to 150% of the cost of the tree replacement for 102 caliper inches . B . Pay the Cash Park Fee . EHIT ( SEE ATTACHED) 3 Report Name: Permit Search City of Eden Prairie Printed_ 6/3/2016 Page: 1 Permit Search Results Permits PermitTvpe Sub Time Work Tvpe T>escrintinn Rouse Street Unit IIse Issued Date Final Date Dead Date Cancel Date Exn Date Valuation ePermit User 1 iker2 EP130869 Building SFD/Remo Remodel/Alt INStiL & 12551 Beach Cir 12/22/2015 12/232015 I,000 No del SHEETROC K GARAGE EP128747 Plumbing Fixtures Remodel/Alt Replace 1255I Beach Cir 08252015 10/012015 1,895 No Water Heater & Saner EP128610 Mechanical Factory Remodel/Alt 12551 Beach Cir 08/19/2015 12/072015 7,240 Yes Built Gas EP128300 Mechanical Gas Piping New 12551 Beach Cir 08/032015 09/22/2015 0 Yes EP128299 Mechanical Duct Work Remodel/Alt 12551 Beach Cir 08/032015 0922/2015 1,000 Yes EP127516 Building SFD/Remo Remodel/Alt RMDL 12551 Beach Cir - 06/302015 12/07/2015 25,000 No Reviewed del BSMT/REP LACE ENT STAIRS & RAILS/MA ICE I WINDOW EP127600 Building SFD/Resid Reside replace 10 1255I Beach Cir 06/29/2015 07/022015 3,800 No ing square w/ Hardi EP126826 Building SFD/Rero Rerool TEAROFF/ 12551 Beach Cir 05212025 06/042015 8,000 No REROOF HOUSE & GARAGE EP126334 Building SFD/Remo Remodel/Alt REPLACE 2 12551 Beach Cir 04/302015 12J072015 10,000 No del ENTRY DOORS/I PATIO DOOR/RM DL3 BATHROO MS EP126264 Plumbing Fixtures Remodel/Alt REPLACE 12551 Beach Cir 04242015 10/01/2015 5,000 No 15 MASTER • BATH FIXTURES EP125197 Mechanical Furnace/R Replace 12551 Beach Cir 02202015 06/302015 5,691 Yes eplacemen t Report Name: Permit Search City of Eden Prairie Printed 6/3/2016 Page: 2 Permit Search Results . Permit # PermitPermit Tzcpe Sub Type WorkTvpt Description House Street Unitmit Issued Date Final Date Dad Date Cancel Date F,xp Date Valuation ePermit User 1 user 2 EP117157 Building SFD/Wmd Remodel/Alt REPLACE 12551 Beach Cir 03/24/2014 06/242015 20,000 No ow . 13 Replaceme WINDOWS/ nt 4 PATIO DOORS/3 ENTRY DOORS EPI I6094 Plumbing Fixtures Remodel/Alt 3 Fixtures 12551 Beach Cir 01/102014 06242015 2,000 No EP104476 Building SFD/Remo Remode..UAlt MSTR BED 12551 Beach Cir 10/142013 04242015 25,000 No COMPLE del & BATH TED RMDU2 NEW WINDOW OPENINGS & EP085842 Building SFD/Remo Pool DEMO 12551 Beach Cir • 10262009 12/032009 0 No del POOL EP085324 Building SFD/Addit Addition REPLACE 12551 Beach Cir 10/012009 04242015 6,000 No REVIEW ion FRONT R yt ENT COMPLE ROOF EP067945 Building SFD/Remo Remodel/Alt REPLACE 4 12551 BEACH 1226/2006 07242009 30,000 No del WINDOWS- CIR 1 DOORRO OF-SIDING EP067850 Building SFD/Addit Garage/Shed GARAGE 12551 BEACH I2/262006 07242009 14,300 No ion ADDITION CIR EP036756 Sewer & Sewer Repair SEWER 12551 BEACH 09/092002 09/172002 0 No Water . REPAIR CIR EP022397 Mechanical Heating Replace FURNACE 12551 BEACH 12/08/2000 01/19/2001 1,700 No CIR EP017314 Building SFD/Remo Reroof TEAROFF/ 12551 BEACH 03/312000 01/29/2002 8,000 No del REROOF CR 21 Permit record(s) found Total Valuation: 175,626 L [7JJT E ( SEE ATAC ]CE ) BECK LAW OFFICE Peter K Beck 2600 US Bancorp Center Attorney d t Law poter( peterbecklaw,com 600 Nicollar Mall 612-991-1350 Minneapolis, MN 55402 wow peterbecklaw.com May 23 , 2016 Rick Getschow, City Manager Julie Klima, City Planner City of Eden Prairie 8080 Mitchell Road Eden Prairie , MN 55344 Richard F . Rosow, City Attorney City of Eden Prairie Gregerson, Rosow , Johnson & Nitan, Ltd . 630 3rd Ave S , Suite 1600 Minneapolis, MN 55402 Re: Lot 2, Block I ERS Estates Dear Messrs . Getschow and Rosow and Ms . Klima : This letter is submitted on behalf of ERS Development LLC ("ERS "), owner of the property located at 12551 Beach Circle and described as Lot 2 , Block 1 ERS Estates (the "Property") . Although ERS also owns Lot 1 , Block 1 ERS Estates, this letter relates only to Lot 2 . ERS recently completed a lengthy renovation of the home located on the Property and put the Property on the market for sale . ERS has received an offer to purchase the Property, which offer is contingent on confirmation of the right of the new property owner to access and place a dock on Bryant Lake. The purpose of this letter is to seek formal confirmation of the right of Lot 2 , Block 1 , ERS Estates to access Bryant Lake via an existing 20 foot easement over Lot 8 , Block 1 , The Cove, and to place a dock on Bryant Lake . The Property was originally platted in 1964 as part of Lot 10 , Block 1 , The Cove . Lot 10 , Block 1 was sold in 1965 by the developer of The Cove , Thomson and Scroggins , Inc . , to Curtis D , and Barbara G , Turner , The Deed , a copy of which is attached , conveys Lot 10 , Block 1 , The Cove : Together with a non-exclusive easement over the Southeasterly 20 feet of Lot 8 , Block 1 , The Cove , for the purpose of access to Bryant ' s Long Lake and for the purpose of maintaining a dock on the shore thereof, Rick Getschow, City Manager Richard F . Rosow, City Attorney Julie Klima, City Planner City of Eden Prairie May 23 , 2016 Page 2 ERS acquired Lot 10, Block 1 , The Cove, from Mrs . Turner in 2005 . The deed from Mrs . Turner, also attached, conveys Lot 10, Block 1 : Together with a non-exclusive easement over the Southeasterly 20 feet of Lot 8 , Block 1 , The Cove, for the purpose of access to Bryant' s Long Lake and for the purpose of maintaining a boat dock on the shore thereof. In 2006, ERS subdivided Lot 10, Block 1 , The Cove into two parcels : Lot 1 and Lot 2 , Block 1 , ERS Estates. The Staff Report on the subdivision request, which is attached, recognizes the right to access and place a dock on the lake , with the following language : 'I`he existing lot has an easement to the lake across a property to the northeast and a dock. This dock is nonconforming . The use of this dock may continue. In order to have a dock a lot must abut the lake. The proposed second lot is not entitled to an additional dock on the lake . To be clear, ERS is not requesting access to or a dock on the lake for Lot 1 , Block 1 ERS Estates, the proposed second lot referenced in the Staff Report. ERS is seeking confirmation of the right recognized in the 2006 Staff Report for Lot 2 , Block 1 to access the lake via the existing 20 foot easement and place a dock on the lake . Since acquisition of the Property in 2005 , ERS has been renovating the home on the Property and preparing it for sale . No one has lived in the home since Mrs . Turner moved prior to ERS ' s acquisition in 2005 , With no one living in the home, there has been no need to access the lake or install a dock. However, there has never been any intent by ERS to abandon the right to access the lake and install a dock, and ERS has taken no action which would indicate it no longer claims a right to access the lake and install a dock . Under Minnesota law, abandonment of a nonconforming use right requires two factors : ( 1 ) intent to abandon; and (2) an overt act or failure to act indicating the owner no longer claims a right to the nonconforming use . See, County of Isanti v. Peterson , 469 N .W. 2d 467 , 470 (Minn . App . 1991 ) ; and Haefele v. City of Eden Prairie , 2000 WL 1869574 (Minn. App . ) , In this case, neither of these factors is present. Use of a dock in Minnesota is necessarily seasonal . Every dock goes in and out dependent on the season and the needs of the property owner for a dock that season, In this case , with no one occupying the home on the Property , there was no need for a dock and therefore , ERS did not install a dock. However, ERS never intended to, and never did, abandon its right to access the lake via the easement and install a dock . In fact, ERS ' s actions at the time it acquired Lot 10 , Block 1 The Cove , at the time it split Lot 10 into Lots 1 and 2, ERS Estates , and since that time, have made it clear that there has never been any intent to abandon the rights of the Lot 2 , Block 1 , ERS Estates to access the lake and install a dock , Rick Getschow, City Manager Richard F . Rosow, City Attorney Julie Klima, City Planner City of Eden Prairie May 23 , 2016 Page 3 For these reasons , we request that the City provide formal confirmation that the nonconforming use rights of the Property recognized by the City in 2006, to access Bryant Lake via the 20 foot easement over Lot 8 , Block 1 , The Cove, and to install a dock on the Lake, remain. Very truly yours, PETER K. BECK ATTORNEY AT LAW PLLC Peter K. Beck PKB ;tk cc : Dr. Elmer Salovich, ERS Development LLC EXHIBIT F ( SEE ATTACHED ) GREGERSON, ROSOW, JOHNSON & NILAN, LTD . ATTORNEYS AT LAW DAVID H. GREGERSONt 100 WASHINGTON AVENUE SOUTH ROBERT I, LANE ( 1922-2012) RICHARD F. ROSOW+ ROGER A. PAULY (RETIRED) MARK J. JOHNSON • t SUITE 1550 JOSEPH A. NILANtt MINNEAPOLIS, MINNESOTA 55401 llAlso admitted hi Illinois DANIEL R. OREGERSON* TELEPHONE : (612) 338-0755 *Also admitted In Wisconsin JOSHUA A. DOROTHYt SARAH E. SCHWARZHOFF FAX (612) 349 67 r 8 eAlso admitted in North Dakota W WW , CRJN, COM +MSBA Board Certified Real Property Specialist DANIEL A. ELLHttI3ROCl�N guttural( Id. SPAIDING T. JA,4lrsP wER Writer' s Direct Dial : `612-436.7477 MARGARETL. EVAVOLD * JAC013 T. MERKEI. Writer's E-mail : rrosow@grjn .com June 29, 2016 Julie Klima Via Email Only City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 RE : Lot 2 , Block 1 , ERS Estates Our File No . : 1610 . 001 /ERS Estates Dear Julie ; The City recently received a letter from an attorney for ERS Development, LLC ("ERS "), regarding property located at 12551 Beach Circle in Eden Prairie, legally described as Lot 2, Block 1 , ERS Estates (the "Property") . Although the letter states that ERS is the owner of the Property, county property records indicate that the Property is owned by Elmer R . Salovich, the manager of ERS , The letter asks the City for "formal confirmation" of the Property ' s right to continue a legal nonconforming use . You have asked us to provide a legal opinion on whether the City should provide such confirmation. Facts The Property was originally platted in 1964 as part of Lot 10, Block 1 , the Cove ("Lot 10 ") . When the developer of The Cove first conveyed Lot 10 to the initial purchasers in 1965 , the deed provided that the conveyance was : Together with a non- exclusive easement over the Southeasterly 20 feet of Lot 8 , Block 1 , The Cove, for the purpose of access to Bryant' s Long Lake and for the purpose of maintaining a boat dock on the shore thereof Lot 10 does not abut Bryant Lake, so the easement provided the lot with lake access . Salovich ' acquired Lot 10 from the original purchaser in 2005 . The 2005 deed contains identical easement language , i Julie Klima June 29, 2016 Page 2 In 2006, Salovich subdivided Lot 10 into two parcels, known as Lots 1 and Lot 2, Block 1 , ERS Estates , A staff report accompanying the . 2006 subdivision request addressed the easement: The existing lot has an easement to the lake across a property to the northeast and a dock , This dock is non-conforming . The use of this dock may continue , In order to have a dock a lot must abut the lake , The proposed second lot [Lot 11 is not entitled to an additional dock on the lake . (Staff Report to Planning Commission dated March 10, 2006) , At the time Salovich acquired the Property, the previous owner had presumably been continually using the access easement and the dock , r The house located on the Property has been vacant since Salovich ' s purchase of the Property in 2005 and, consequently, there has been no use of the access easement and the dock. ERS states in its letter that " [w] ith no one living in the home, there has been no need to access the lake or install a dock. " ERS/Salovich recently completed a lengthy renovation of the house and received an offer to purchase the Property. The purchase, however, is contingent on the new property owner ' s right to access Bryant Lake and use the dock in accordance with the easement. ERS has asked the City for "formal confirmation" of the right of the Property to access the lake and maintain the dock, Discussion The dock use granted by the easement has been a nonconforming use since at least 1996, the date of the current Code provision limiting docks only to lots that abut the Lakeshore , See City Code § 9 . 60, subd . 11 , I; see also City Code § 11 , 02 (43 ) (defining "non-conforming use") . While we have not conducted historical research on the issue, it is apparent that the City ' s dock limitation was adopted at some point between the granting of the easement in 1965 and 1996 . Both ERS and the City agree that the Property ' s right to maintain a dock on Bryant Lake constitutes a nonconformity. ERS contends that, even though nobody has used the access easement or installed a dock on Bryant Lake since Salovich acquired the Property in 2005 , it has the right to continue the nonconforming use because it never had any intent to abandon the easement rights , ERS frames its argument in terms of "abandonment" of the nonconformity. The City Code and state law, however, do not require a showing of " abandonment" to terminate a nonconforming use, let alone intentional abandonment, Rather, the Code provides that "non- conforming uses may be continued , including through repair, replacement, restoration, maintenance or improvement, but not including expansion, unless . , . [a] non-conforming use is discontinued for a period of more than one year. " City Code § 11 , 75, subd , 1 (emphasis added) ; see also Minn . Stat, § 462 . 357, subd . le (a) (same) , Julie. Klima June 29, 2016 Page 3 In setting forth its abandonment argument, ERS cites County of Isanti v. Peterson, 469 N. W. 2d 467 (Minn. App . 1991 ) , The Peterson case, however, does not support ERS ' s contention that "intent to abandon" is the proper standard to apply in this case , In Peterson, the county sought to require property owners to conform the use of their property to the current county zoning ordinance on the basis that a prior legal nonconforming use had been discontinued or abandoned. Id, at 468 . As in the present case, both the applicable statute and the county zoning ordinance provided for the termination of a nonconforming use if the use was "discontinued " for a period of one year. Id, at 469-70 (citing Minn. Stat. § 394 . 36, subd , 1 ( 1990); Isanti County Zoning Ordinance § 16, subd . 5 ( 1 ) ( 1982)) , The district court found that the use had been legally discontinued and abandoned . Id at 470 . The property owners appealed , arguing that a nonconforming use could be terminated by abandonment, but not by mere discontinuance . Id at 469 , The court of appeals disagreed, finding that the unambiguous language of the statute and the zoning ordinance only required a showing of discontinuance . Id at 470 ("This court cannot amend these unambiguous provisions by placing upon counties the burden of having to prove that a landowner intended to abandon a discontinued nonconforming use. ") . The court, despite already finding that the discontinuance terminated the use, went on to address the merits of the parties ' arguments concerning abandonment. Id. at 470 . In its letter, ERS correctly cites the Peterson court ' s recitation of the standard for abandonment of a nonconforming use. Id. ERS fails to recognize, however, that abandonment was not the relevant inquiry in Peterson . The court ' s abandonment discussion does not impact its ultimate holding that " appellants forfeited the right of nonconforming use by discontinuing it for longer than one year . " Id, at 471 , Because the Code and the statute in the present case speak in terms of "discontinuance, " Peterson compels the conclusion that abandonment, intentional or not, is irrelevant . ERS also cites Haefele v, City of Eden Prairie, No . CO - 00- 830, 2000 WL 1869574 (Minn. App . Dec . 26, 2000) , in its discussion of the abandonment standard . Haefele involved the City ' s attempt to terminate a nonconfotliiing use . Id. at * 1 . At the time, the City Code prohibited reinstatement of nonconforming uses "after abandonment , " Id at * 4 (citing City Code § 11 . 75 ( 1982)) , The Haefele court, citing Peterson , concluded that the property owner did not abandon the nonconforming use . Id. The abandonment analysis in Haefele is not relevant to the issue in the present case because the Code no longer require a finding of " abandonment , " The City amended the Code in 2005 to instead provide that a nonconforming use is terminated if it is discontinued fox more than one year. Because discontinuance is the applicable legal standard, whether ERS/Salovich intended to abandon the use is not relevant . Conclusion A property owner is permitted to continue a nonconforming use unless such use is discontinued for a period of more than one year, The property owner ' s intent surrounding its Julie Klima June 29, 2016 Page 4 failure to use the nonconformity is irrelevant, as is whether the use was " abandoned . " Salovich has not used the easement to maintain a dock on Bryant Lake for ten years . It is our opinion that Salovieh has discontinued the nonconforming use and that any future use of the Property must conform to the Code , Because it does not abut the lake, the Property may not maintain a dock on the lake . The City should decline to provide the "formal confirmation" requested by ERS . The City may instead inform ERS/Salovich that the property has lost its legal nonconforming use status by virtue of discontinuance of the nonconforming use for a period of more than a year, Very truly yours, GREGERSON, ROSOW, JOHNSON & NILAN, LTD , Richard F. Rosa C RFR fi IEXFIIEIT ( SEE, ATTACHED) I t I Br : LA : • rrlc 2600 US Bancorp comer Peter I< Beck 000 Nl�llat Mell Attorney at I, 7 WIpeler90 pelorbocklawcarn 012-991- 1350 Minneapolis, MN 55402 www..paloihacklamcam October 11 , 2016 Planning Commission City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Re: Lot 2, Block I EIlS Estates Dear Planning Commissioners : Bather this year ERS Development LLC ("ERS ") , owner of the property located at 12551 Beach Circle and described as Lot 2, Block 1 ERS Estates (the "Property") submitted a letter to the City requesting confirmation of the right of the Properly to access Bryant Lake via an existing 20-foot easement over Lot 8 , Block 1 , the Cove; and to place a dock on the easement extending into Bryant Lake. ERS was advised by City Staff that the Property has lost its legal nonconforming • status for the dock use as a result of the discontinuance for more than a year of this use . This letter is submitted in support of ERS ' s appeal of this determination. Although ERS also owns Lot 1 , Block 1 ERS Estates, the appeal and this letter relate only to Lot 2 , The Property was originally platted in 1964 as part of Lot 10 , Block 1 , The Cove , Lot LIO , Block 1 was sold in 1965 by the developer of The Cove, Thomson and Scroggins , Inc . , to Curtis D . and Barbara Cr , Turner. The Deed , a copy of which is attached , conveys Lot 10, Block 1 , The Cove ; Together with a non - exclusive easement over the Southeasterly 20 feet of Lot 8 , Block 1 , The Cove, for the purpose of access to Bryant' s Long Lake and for the purpose of maintaining a dock on the shore thereof. ERS acquired Lot 10 , Block 1 , The Cove, from Mrs . Turner in 2005 , The deed from Mrs , Turner, also attached , conveys Lot 10 , Block 1 : Together with a non- exclusive easement over the Southeasterly 20 feet of Lot 8 , Block 1 , The Cove, for the pti. oof access to Bryant ' s Long Lake and for the purpose of mttin ainin a boat dock on the shore thereof In 2006, ERS subdivided Lot 10, Block 1 , The Cove into two parcels : Lot 1 and Lot 2 , Block 1 , ERS Estates , The Staff Report on the subdivision request, which is attached , recognizes the right to access and place a dock on the lake , with the following language : The existing lot has an easement to the lake across a property to the northeast and a dock . This dock is nonconforming. The use of this dock • t. Planning Commission City of Eden Prairie October 11 , 2016 Page 2 • • may continue . In order to have a dock a lot must abut the lake , The proposed second lot is not entitled to an additional dock on the lake , To be clear, ERS is not requesting access to or a dock on the lake for Lot 1 , Block i ERS Estates , the proposed second lot referenced in the Staff Report. Although ERS also owns Lot 1 , Block 1 , ERS Estates, the appeal relates only to Lot 2 and ERS is only seeking confirmation of the right recognized in the 2006 Staff Report for Lot 2 , 131ock 1 to access the lake via the existing • i 20 - foot easement and place a dock on the lake , • • IRS Development is an investment entity owned by 1) r, Fatter Salovich , a retired orthopedic surgeon . Dr, Salovich purchased Lot 10 , Block 1 , The Cove, in 2005 for $ 930, 000 for the purpose of subdividing I , ot 10 , remodeling the home and selling the two new lots, Lot 1 as a buildable lot and Lot 2 with the renovated and remodeled borne. The purchase price he paid , and the amount he invested in the subdivision and remodeling, was based on the rights to access the lake and have a dock, which rights are expressly granted in his deed to the Property and confirmed in the 2006 Planning Department staff report . Subsequent to acquiring Lot 10 , Block 1 , The Cove , Dr. Salovich subdivided Lot 10 and began renovating the home on Lot 2 and preparing it for sale . No one has lived in the home since Mrs . Turner moved prior to Dr. Salovicli ` s aegtiisition in 2005 . With no one living in the home , there has been no need to access the lake or install a dock . However, there has never been any intent by I)r. Salovich to abandon the right to access the lake and install a dock, and Dr . Salovich has taken no action which would indicate he no longer claims a right to access the lake and install • • a clock. • • Under Minnesota law, abandonment of a nonconforming use right requires two factors : ( 1 ) intent to . abandon ; and (2) an overt act or failure to act indicating the owner no longer claims a right to the nonconforming use . See, County of (,s'anti v. Peterson, 469 N. W. 2d 467, 470 (Minn . • App . 1991 ) ; and Haefele sv. City rtf Pden Prairie , 2000; WL 1869574 (Minn . App .) . � m In this case , neither of these factors is present . Use of a dock in Minnesota is necessarily seasonal . Every dock goes in and out dependent on the season and the needs ofthe property owner • for a dock that season , In this case , with no one occupying the home on the Property , there was no need for a dock and therefore, Dr . Salovich did not install a dock. However, Dr. Salovich never intended to , and never did , abandon his right to access the hike via the easement and install a dock , In fact, his actions since acquiring Lot 10 , Block 1 The Cove make clear that there has never been any intent to abandon the rights of Lot 2 , Block 1 , ERS Estates to access the - lake and install a dock . • These actions include his original $ 930, 000 acquisition of Lot 10 , Block 1 , The Cove , his subdivision of that lot and agreement that only Lot 2 , Block 1 , of the new subdivision would retain the access and dock rights , and his investment in renovating and remodeling the home for sale as a home with deeded access and dock rights to the lake. The mere fact that a dock was not installed while the home was being remodeled and unoccupied is not evidence of an intent to abandon the Planning Commission City of Eden Prairie October 11 , 2016 Page 3 right to access the lake and put in a dock. The $ 1 million plus investment made in the Property to sell it as a lot with deeded access_and dock rights on the lake is clear evidence of Dr, Salovieh's intent to preserve, and not abandon, his access and dock rights, • Without these rights, the total value of the Property, regardless of the condition of the home, is likely less than $500,000, Nobody would invest $ 1 million in the Property without intending to keep the lake access and dock rights, Dr, Salovich has recently completed an extensive remodeling, of the home, which took much longer than planned, and has listed the home for sale, . However; he has been unable to sell the Property due to the uncertainty regarding the lake access and dock rights. He has been advised that a taking of these deeded rights by the City will cause an approximately $400,000 to $500,000 loss in value to the Property, For these reasons, Dr. Salovich requests that the Planning Commission grant the appeal and confirm that the nonconforming use rights of the Property recognized by the City in 2006 have not been abandoned since then and remain in effect. Very truly yours, PETE K. BECK ATTORNEY AT LAW PLLC cdtik. By: Peter K. Beck PKB :tk cc : Dr. Elmer Salovich, ERS Development LW } l z EXHIBIT II ( SEE ATTACHED) • . 1 - STATEMENT OF DR. ELMER SALOVECH l . 1 atn the sole owner of ERS Development, which is the sole owner of 12551 Beach Circle, which is legally described as Lot 2 . Block 1 I.RS estates . 2 . i purchased Lot 10 , Block 1 , The Cove, including the home located at 12551 Beach Circle, hi 2005 for $952, 937 , The deed to Lot 10 , Block 1 , The Cove included : . . . a nonexclusive easement over the southeastly 20 feet of Lot 8 . Block 1 , The Cove . for the purpose of access to Bryant ' s Long Lake and for the purpose of maintaining a boat dock on the shore thereof. 3 . Following my purchase of Lot 10 , Block 1 , I met with City of Eden Prairie planning staff to talk about the size of the dock allowed . I was told that the legal requirements for the dock were the same as those for any other lake in the state of Minnesota. I explained to the staff that my chief concern at that time was to rehabilitate the house, as no one would be using the dock until the house was rehabilitated . 4 , 1 subsequently begun , renovating the home, which was uninhabitable when 1 • acquired Lot 10 . 'Phis renovation project took much longer than expected , nearly ten years, for a number of reasons. The final cost for the renovation ended up being $ 1 , 198 ,662 , for a total investment in Lot 10, Block I , The Cove. to date , of over $2 , 150 .000 , • 5 . To recover some of my costs for Lot 10 and renovation of the home . in 2006, i subdivided Lot 10, Block 1 , The Cove ,. into two parcels. Lot I and Lot 2, Block 1 . ERS Estates . The staff report on that subdivision request stated : The existing lot has an easement to the lake and across a property to the northeast and a dock . The dock is nonconforming. The use of this dock may continue . in order to have a dock, a lot must abut the lake . ' fhe proposed second lot is not entitled to an additional dock on the lake. 6 . No one from the City told me. in connection with the subdivision request in 2006 , nor at any time since then , that in order to maintain the dock rights recognized in the 2006 staff report it would be necessary to put a dock in the lake each year, even though the property was vacant ,. 7 . It would never have occurred to me that failing to put a dock in the lake each year while the property was vacant would result in the loss of the deeded right to access the lake and maintain a dock on the shore thereof. It was always my belief that I had a legal right , as the owner of the property , to install a dock whenever i wanted to and that the right to access the lake and install a dock was a property right that went along with purchase of the property. 8 . 7 'o date i have not been able to sell Lot 1 , Block 1 , ERS Estates, which does not have any access or dock rights to the lake . 9 . f have also been unable to sell Lot 2. Block I . ERS Estates. with the renovated home, because of the uncertainty regarding the right to install a dock , I had an offer earlier this year for the property , but it was contingent on confirming the light to install a dock , This offer was revoked when City staff took the position that the lot does not have the right. to a dock , 10. When 1 purchased Lot 10 , Block 1 , The Cove, in 2005 , 1 did so on reliance on the lake access and dock rights granted by the deed , I I . When I invested an additional $ 1 , 198 ,662 in the property to renovate the home, 1 did so in reliance on the lake access and dock rights granted by the deed and confirmed by the City when I subdivided Lot 10 in 2006, 12 . Renovation of the home was ongoing from 2006 until 2016 , at which time I began my efforts to sell the property . Throughout this time period , there has been no one living on the property and . therefore. no need to incur the additional cost of putting a dock in and out each spring and tall , 13 . I have never intended to abandon or give up the rights to access or maintain a dock on the lake, which arc property rights granted in my deed and confirmed by the City in 2006 . 14 . If the City takes my deeded right to install a dock on the lake. I will incur an additional loss on this property of $400, 000 or more. 15 . I believe that my renovation of what was a dilapidated home on the property at 12551 Beach Circle has improved the neighborhood significantly . 1 would never have incurred the cost of this renovation unless 1 had been assured , by the deed of the property and the 2006 staff report at the time I subdivided the property . that I have the right to access the lake and maintain a dock . Elmer Salovich, M . D . 3 CITY COUNCIL AGENDA DATE: SECTION: Public Hearing January 17, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Sue Kotchevar, Office of the Resolution Authorizing Issuance, Sale and IX.A. City Manager Delivery of Revenue Bonds for the Prairie Meadows Multifamily Housing Development Requested Action Move to: • Close the public hearing, and • Adopt a Resolution Adopting a Housing Program with respect to a Multifamily Housing Project; Authorizing the Issuance, Sale and Delivery of Multifamily Housing Revenue Bonds (Prairie Meadows Townhomes Project), Series 2017; Approving the Form of and Authorizing the Execution and Delivery of Such Bonds and Related Documents; and Providing for the Security, Rights, and Remedies with respect to such Bonds Synopsis Pursuant to Minnesota Statutes, Chapter 462C, as amended (the "Act"), the City of Eden Prairie, Minnesota (the "City") is authorized to develop and administer programs to finance the acquisition and construction of multifamily housing developments under the circumstances and within the limitations set forth in the Act. Section 462C.07 of the Act provides that such programs for multifamily housing developments may be financed through the issuance of revenue obligations issued by the City. Prairie Meadows Limited Partnership, a Minnesota limited partnership (the "Borrower"), has proposed that the City provide financial assistance through the issuance of conduit revenue bonds in an aggregate principal amount not to exceed $18,000,000, in one or more series (the "Bonds"), for the purpose of loaning the proceeds thereof to the Borrower to finance the acquisition, construction, and rehabilitation of an existing 168-unit multifamily rental housing development, comprised of twenty-eight (28) town home buildings located at 11345 Westwind Drive in the City (the "Project"). The Project is currently owned by the Borrower, the general partner of which is CHDC Prairie Meadows GP LLC, a Minnesota limited liability company. As a condition to the issuance of the Bonds, Minnesota Statutes, Chapter 462C, as amended, requires the City to prepare a housing program (the "Housing Program"), and hold a duly noticed public hearing on the Housing Program and the Bonds. In addition, under Section 146 of the Internal Revenue Code of 1986, as amended, the Bonds must receive an allocation of the bonding authority of the State of Minnesota before the City may issue the Bonds. The Project is a major renovation of the existing townhomes and includes significant upgrades to landscaping and the outdoor play area. The Borrower has indicated its willingness to consider participation in the City's fire suppression program as component of the renovation. Under that program, the City offers financing to install fire suppression sprinklers and then specially assesses the property for the cost of the installation. Borrower will continue to work with staff regarding its participation in the program. Attachments Resolution Housing Program CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2017- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ADOPTING A HOUSING PROGRAM WITH RESPECT TO A MULTIFAMILY HOUSING PROJECT; AUTHORIZING THE ISSUANCE, SALE AND DELIVERY OF MULITFAMILY HOUSING REVENUE BONDS (PRAIRIE MEADOWS TOWNHOMES PROJECT), SERIES 2017; APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF SUCH BONDS AND RELATED DOCUMENTS; AND PROVIDING FOR THE SECURITY,RIGHTS,AND REMEDIES WITH RESPECT TO SUCH BONDS BE IT RESOLVED by the City Council of the City of Eden Prairie,Minnesota(the "Council") as follows: 1. STATUTORY AUTHORIZATION. The City of Eden Prairie, Minnesota, a statutory city organized and existing under the Constitution and laws of the State of Minnesota (the "City" or "Issuer"), is authorized by Minnesota Statutes, Chapter 462C, as amended (the "Act"), to carry out the public purposes described in the Act by issuing its revenue bonds to provide funds to finance multifamily housing developments within its boundaries. In the issuance of revenue bonds and in the making of loans to finance multifamily housing developments, the City may exercise, within its corporate limits, any of the powers that the Minnesota Housing Finance Agency may exercise under Minnesota Statutes, Chapter 462A, as amended, without limitation under the provisions of Minnesota Statutes, Chapter 475, as amended. Such bonds must receive an allocation of the bonding authority of the State of Minnesota. 2. CONDITIONS TO ISSUANCE OF BONDS. As a condition to the issuance of revenue bonds, the City must adopt a housing program providing the information required by Section 462C.03, subdivision la of the Act. A public hearing must be held in accordance with the requirements of Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code") and the requirements of Section 462C.04, subdivision 2 of the Act. Section 147(f) of the Code requires approval of the Council of the issuance of revenue bonds after a public hearing following "reasonable public notice," defined under Section 5f.103-2(g)(3)of the Treasury Regulations to mean no fewer than fourteen(14) days before the hearing. Under Section 462C.04, subdivision 2 of the Act, a public hearing must be held on the housing program after one publication of notice in a newspaper circulating generally in the City, at least fifteen (15) days before the hearing, and on or before the day on which notice of the public hearing is published, the housing program must be submitted to the Metropolitan Council for its review and comment. 3. THE BORROWER AND THE PROJECT. Prairie Meadows Limited Partnership, a Minnesota limited partnership (the"Borrower"),has requested that the City participate in the financing of the acquisition, construction, and rehabilitation of an approximately 168-unit multifamily rental housing development, comprised of twenty-eight (28) town home buildings and functionally related and subordinate facilities, located at 11345 Westwind Drive in the City(the"Project")through the issuance of revenue bonds, the proceeds of which are to be loaned by the City to the Borrower. The Project is currently owned by Community Housing Development Corporation Prairie Meadows, LLC, a Minnesota limited liability company. 4. PRELIMINARY RESOLUTION. On November 15, 2016, the Council adopted Resolution No. 2016-118 (the "Preliminary Resolution"),pursuant to which the City, among other things: (i) authorized the preparation of a Program for a Multifamily Housing Development (the "Housing Program") to provide for the issuance by the City of multifamily housing revenue bonds, in an aggregate principal amount not to exceed $18,000,000 (the "Bonds"), to finance the acquisition, construction, and rehabilitation by the Borrower of the Project and the submission of the Housing Program to the Metropolitan Council for its review and comment; (ii)preliminarily authorized the issuance of the Bonds to finance all or a portion of the costs of the Project pursuant to the Housing Program; and(iii) authorized the City Manager to establish a date for the public hearing and to publish a notice of public hearing on the Housing Program,the Project, and the issuance of the Bonds. 5. PUBLIC HEARING. A notice of public hearing was published on December 29, 2016 (the "Public Notice") in the Eden Prairie News, the official newspaper and a newspaper of general circulation in the City, at least fifteen (15) days before the public hearing held on the date hereof, with respect to: (i)the required public hearing under Section 147(f) of the Code; (ii)the required public hearing under Section 462C.04, subdivision 2 of the Act; (iii) the Housing Program to authorize the issuance by the City of the Bonds to finance the acquisition, construction, and rehabilitation of the Project; and (iv) approval of the issuance of the Bonds in an amount not to exceed $18,000,000. At the public hearing, a reasonable opportunity was provided for interested individuals to express their views, both orally and in writing. 6. THE HOUSING PROGRAM. The Housing Program was prepared in accordance with the requirements of Section 462C.03, subdivision la, of the Act, and is on file with the City. The Housing Program was submitted to the Metropolitan Council for its review and comment on or before the date of publication of the Public Notice in accordance with Section 462C.04, subdivision 2 of the Act. The Housing Program is hereby adopted, ratified, and approved in all respects without amendment. The preparation of the Housing Program is hereby ratified, confirmed, and approved. The City Manager is hereby authorized to do all other things and take all other actions as may be necessary or appropriate to carry out the Housing Program in accordance with the Act and any other applicable laws and regulations. 7. APPROVAL OF THE BONDS AND RELATED FINANCING DOCUMENTS. For the purpose of financing a portion of the costs of the acquisition, construction, and rehabilitation of the Project and related costs, there is hereby authorized the issuance, sale, and delivery of the Bonds, in an aggregate principal amount not to exceed$18,000,000, for the benefit of the Borrower. The Bonds are to be designated as Multifamily Housing Revenue Bonds (Prairie Meadows Townhomes Project), Series 2017. The Bonds may be given a different designation in the discretion of the Mayor, the City Manager and the Finance Manager of the City(collectively, the"Issuer Officials"). The Bonds, substantially in the form set forth in a Trust Indenture, dated on or after February 1,2017 (the"Indenture"),between the City and U.S. Bank National Association, a national banking association (the "Trustee"), now on file with the City, are hereby approved with the amendments referenced herein. 8. The Indenture is hereby approved and the Mayor and City Manager are hereby authorized to execute and deliver the Indenture on behalf of the City. All of the provisions of the Indenture, when executed and delivered as authorized herein, shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. The Indenture shall be substantially in the form now on file with the City with such necessary and appropriate variations, omissions, and insertions as do not materially change the substance thereof, as the Issuer Officials, in their discretion, shall determine, and the execution and delivery thereof by the Mayor and City Manager shall be conclusive evidence of such determination. 2 9. The Bonds may be sold to one or more banks or other financial institutions (the "Lender") in a private placement under terms and conditions negotiated between the Borrower and the Lender. 10. The Bonds will be sold pursuant to a Bond Purchase Agreement, dated on or after the pricing date of the Bonds (the "Bond Purchase Agreement"), among the City, the Borrower, and Dougherty&Company LLC, as original purchaser of the Bonds (the"Underwriter"). The Bond Purchase Agreement is hereby approved and the Mayor and City Manager are hereby authorized to execute and deliver the Bond Purchase Agreement on behalf of the City. All of the provisions of the Bond Purchase Agreement, when executed and delivered as authorized herein, shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. The Bond Purchase Agreement shall be substantially in the form now on file with the City with such necessary and appropriate variations, omissions, and insertions as do not materially change the substance thereof, as the Issuer Officials, in their discretion, shall determine, and the execution and delivery thereof by the Mayor and City Manager shall be conclusive evidence of such determination. 11. The proceeds derived from the sale of the Bonds are to be loaned by the City to the Borrower under the terms of a Loan Agreement, dated on or after February 1, 2017 (the "Loan Agreement"), between the City and the Borrower. The Loan Agreement is hereby approved and the Mayor and City Manager are hereby authorized to execute and deliver the Loan Agreement on behalf of the City. All of the provisions of the Loan Agreement,when executed and delivered as authorized herein, shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. The Loan Agreement shall be substantially in the form now on file with the City with such necessary and appropriate variations, omissions, and insertions as do not materially change the substance thereof, as the Issuer Officials, in their discretion, shall determine, and the execution and delivery thereof by the Mayor and City Manager shall be conclusive evidence of such determination. The proceeds of the loan to be made under the terms of the Loan Agreement (the "Loan") are hereby authorized to be applied to the payment of a portion of the costs of the acquisition, construction, and rehabilitation of the Project and related costs. 12. LIMITED REVENUE OBLIGATIONS OF THE CITY. The City acknowledges, finds, determines, and declares that THE BONDS, INTEREST THEREON,AND ANY PENALTY, CHARGE, OR PREMIUM OR ANY AMOUNTS PAYABLE THEREUNDER, OR HOWEVER DESIGNATED (hereinafter referred to throughout as the "Bonds") ARE SPECIAL, LIMITED OBLIGATIONS OF THE ISSUER PAYABLE SOLELY FROM THE REVENUES AND PROCEEDS PLEDGED THERETO. THE BONDS AND THE INTEREST THEREON DO NOT CONSTITUTE NOR GIVE RISE TO A PECUNIARY LIABILITY, GENERAL OR MORAL OBLIGATION OR A PLEDGE OF THE FULL FAITH AND CREDIT OR TAXING POWER OF THE ISSUER, THE STATE OF MINNESOTA, OR ANY POLITICAL SUBDIVISION OF THE STATE OF MINNESOTA WITHIN THE MEANING OF ANY CONSTITUTIONAL OR STATUTORY LIMITATIONS AND ARE NOT PAYABLE FROM OR A CHARGE UPON ANY FUNDS OF THE ISSUER OTHER THAN THE REVENUES AND PROCEEDS PLEDGED BY THE ISSUER TO THE PAYMENT THEREOF AND DO NOT GIVE RISE TO A PECUNIARY LIABILITY OF THE ISSUER NOR OF ANY OF ITS OFFICERS, AGENTS OR EMPLOYEES AND NO HOLDER OF THE BOND SHALL EVER HAVE THE RIGHT TO COMPEL ANY EXERCISE OF THE TAXING POWER OF THE ISSUER OR THE STATE OR ANY OF ITS POLITICAL SUBDIVISIONS TO PAY THE BONDS OR TO ENFORCE PAYMENT THEREOF AGAINST ANY PROPERTY OF THE ISSUER. THE BONDS DO NOT CONSTITUTE A CHARGE, LIEN OR ENCUMBRANCE, LEGAL OR EQUITABLE UPON ANY PROPERTY OF THE ISSUER 3 AND THE AGREEMENT OF THE ISSUER TO PERFORM OR CAUSE THE PERFORMANCE OF THE COVENANTS AND OTHER PROVISIONS HEREIN REFERRED TO SHALL BE SUBJECT AT ALL TIMES TO THE AVAILABILITY OF REVENUES OR OTHER FUNDS FURNISHED FOR SUCH PURPOSE IN ACCORDANCE WITH THE LOAN AGREEMENT, SUFFICIENT TO PAY ALL COSTS OF SUCH PERFORMANCE OR THE ENFORCEMENT THEREOF. NEITHER THE STATE OF MINNESOTA NOR ANY POLITICAL SUBDIVISION OF THE STATE OF MINNESOTA NOR THE ISSUER SHALL BE OBLIGATED TO PAY THE PRINCIPAL OF THE BONDS, THE INTEREST THEREON OR OTHER COSTS INCIDENT THERETO EXCEPT FROM REVENUES PLEDGED THEREFOR UNDER THE INDENTURE, AS MORE FULLY SET FORTH IN THE INDENTURE. NEITHER THE FULL FAITH AND CREDIT NOR THE TAXING POWER, IF ANY, OF THE ISSUER, THE STATE OF MINNESOTA,NOR ANY POLITICAL SUBDIVISION THEREOF IS PLEDGED TO THE PAYMENT OF THE PRINCIPAL OF THE BONDS OR THE INTEREST THEREON OR OTHER COSTS INCIDENT THERETO. THE BONDS ARE NOT A DEBT OF THE UNITED STATES OF AMERICA, HUD, FHA, GNMA OR ANY OTHER AGENCY THEREOF AND ARE NOT GUARANTEED BY THE FULL FAITH AND CREDIT OF THE UNITED STATES OF AMERICA. THE BONDS ARE NEITHER A MORAL NOR AN ANNUAL APPROPRIATION OBLIGATION OF THE ISSUER, THE STATE OR ANY POLITICAL SUBDIVISION THEREOF. THE PROVISIONS OF THIS PARAGRAPH SHALL, FOR PURPOSES OF THE BONDS, BE CONTROLLING AND SHALL BE GIVEN FULL FORCE AND EFFECT, ANYTHING ELSE TO THE CONTRARY IN THE BONDS NOTWITHSTANDING. 13. TERMS OF THE BONDS. The City hereby authorizes the Bonds to be issued as "tax- exempt bonds,"the interest on which is not includable in gross income for federal and State of Minnesota income tax purposes. All of the provisions of the Bonds, when executed as authorized herein, shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. The Bonds shall bear interest at the rate, shall be designated, shall be numbered, shall be dated, shall mature, shall be issued in the aggregate principal amount, shall be subject to redemption prior to maturity, shall be in such form, and shall have such other terms, details,and provisions as are prescribed in the Indenture, in the form now on file with the City, which form is hereby approved, with such necessary and appropriate variations, omissions, and insertions (including changes to the aggregate principal amount of the Bonds, the stated maturity of the Bonds, the interest rate on the Bonds, and the terms of redemption of the Bonds) as the Issuer Officials, in their discretion, shall determine. The execution of the Bonds with the manual or facsimile signature of the Mayor and City Manager and the delivery of the Bonds by the City shall be conclusive evidence of such determination. The Bonds shall not constitute general or moral obligations of the City but shall be special, limited obligations of the City payable solely from the revenues provided by the Borrower under the terms of the Loan Agreement and from the revenues and security pledged, assigned, and granted under the terms of this resolution, the Bonds, the Loan Agreement, and any other security documents provided by the Borrower or any other party to secure the timely payment of the principal of,premium, if any, and interest on the Bonds. As provided in the Loan Agreement, the Bonds shall not be payable from nor charged upon any funds other than the revenue pledged to their payment, nor shall the City be subject to any liability thereon, except as otherwise provided in this paragraph. No holder of the Bonds shall ever have the right to compel any exercise by the City of any taxing powers of the City to pay the Bonds or the interest or premium thereon, or to enforce payment thereof against any property of the City except the interests of the City in the Loan Agreement and the revenues and assets thereunder, which will be assigned to the Trustee under the terms of the Indenture. 4 The Bonds shall recite that the Bonds are issued under the Act, and that the Bonds, including interest and premium, if any, thereon, are payable solely from the revenues and assets pledged to the payment thereof, and the Bonds shall not constitute a debt of the City within the meaning of any constitutional or statutory limitations. 14. SECURITY FOR THE BONDS. The City acknowledges and hereby approves any one or more of the following to be provided as security for the payment of the obligations of the Borrower under the Loan Agreement, and the payment of the principal of, premium, if any, and interest on the Bonds: (i) one or more mortgages or security agreements granting a mortgage lien or security interest with respect to the Project or any portion thereof to the Trustee; (ii) one or more collateral assignments of the contracts between the Borrower and the architect and contractor with respect to the Project; (iii) one or more indemnity agreements; (iv) a disbursing agreement, between the Borrower, the Trustee, a disbursing agent to be selected by the Borrower, and a lender to provide for the disbursement of the proceeds of the Bonds and the Loan; and(v) other security documents that are intended to ensure timely payment of the Loan and the Bonds. All such security documents, if any are delivered, shall be substantially in the forms authorized and approved by the Borrower. 15. THE REGULATORY AGREEMENT. To ensure continuing compliance with certain rental and occupancy restrictions imposed by the Act, Minnesota Statutes, Chapter 474A, as amended, and Section 142(d) of the Code, and to ensure continuing compliance with certain restrictions imposed by the City, the Mayor and City Manager are hereby authorized and directed to execute and deliver a Regulatory Agreement, dated on or after February 1, 2017 (the "Regulatory Agreement"), between the City,the Borrower, and the Trustee. The Regulatory Agreement shall be substantially in the form now on file with the City which is hereby approved, with such omissions and insertions as do not materially change the substance thereof, as the Issuer Officials, in their discretion, shall determine, and the execution thereof by the Mayor and City Manager shall be conclusive evidence of such determination. All of the provisions of the Regulatory Agreement, when executed and delivered as authorized herein, shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. 16. OTHER CITY DOCUMENTS. The Issuer Officials are hereby designated as the representatives of the City with respect to the issuance of the Bonds and the transactions related thereto. The Finance Manager is authorized, upon request, to furnish certified copies of all proceedings and records of the City relating to the Bonds, and such other affidavits and certificates as may be required to show the facts relating to the Bonds as such facts appear from the books and records in the custody and control of the City; and all such certified copies, certificates, and affidavits, including any heretofore furnished, shall constitute representations of the City as to the truth of all statements contained therein. The Finance Manager is hereby further authorized to execute and deliver, on behalf of the City, all other certificates, instruments, and other written documents that may be requested by bond counsel,the Trustee, the Lender (as applicable), the Borrower, or other persons or entities in conjunction with the issuance of the Bonds and the expenditure of the proceeds of the Bonds. Without imposing any limitations on the scope of the preceding sentence, the City Manager or Finance Manager is specifically authorized to execute and deliver such other documents and certificates as are necessary or appropriate in connection with the issuance, sale, and delivery of the Bonds, including one or more consents to the assignment of a development agreement, and all other documents and certificates as the Issuer Officials shall deem to be necessary or appropriate in connection with the issuance, sale, and delivery of the Bonds. The Finance Manager is hereby further authorized and directed to execute and deliver an Information Return for Tax- Exempt Private Activity Bond Issues, Form 8038 with respect to the Bonds, an endorsement to any tax certificate as to arbitrage, rebate, and other federal tax matters executed and delivered in connection with the issuance of the Bonds and all other instruments and documents necessary to accomplish the purposes 5 for which the Bonds are to be issued. The preparation and filing of a Uniform Commercial Code financing statement with respect to the assignment of the interests of the City in the Loan Agreement (excluding any unassigned rights as provided in the Loan Agreement), is hereby authorized. The City hereby authorizes Kennedy & Graven, Chartered, as bond counsel to the City ("Bond Counsel"), to prepare, execute,and deliver its approving legal opinion with respect to the Bonds. 17. DISCLOSURE DOCUMENTS. The City will not participate in the preparation or distribution of any official statement or other disclosure documents relating to the offer and sale of the Bonds (the "Disclosure Documents"), except only for certain information relating specifically to the City as approved by the Finance Manager, and will make no independent investigation with respect to the information contained in the Disclosure Documents, including the appendices thereto, and the City assumes no responsibility for the sufficiency, accuracy, or completeness of such information. Subject to the foregoing, the City hereby consents to the distribution and the use by the Underwriter of the Disclosure Documents in connection with the offer and sale of series of the Bonds to be offered and sold pursuant to such Disclosure Documents. The Disclosure Documents are the sole materials consented to by the City for use in connection with the offer and sale of publicly-offered Bonds. The City hereby approves the execution by the Borrower and delivery to the Trustee of continuing disclosure agreements or undertakings with respect to the Project and the Borrower. 18. SUBSEQUENT AMENDMENTS. On any date subsequent to the date of issuance of the Bonds, the respective Issuer Officials are hereby authorized to execute and deliver any amendments or supplements to any of the documents referred to in this resolution on behalf of the City if, after review by and consultation with the City Attorney and Bond Counsel, the Issuer Officials determine that the execution and delivery of such amendment or supplement is not materially inconsistent with this resolution. The Issuer Officials may impose any terms or conditions on the execution and delivery by any of the Issuer Officials of any such amendment or supplement as the Issuer Officials deem appropriate. 19. LIMITATIONS OF LIABILITY. No covenant, provision or agreement of the Issuer herein, or in the Bonds or in any other document executed by the Issuer(or any other party) in connection with the issuance, sale and delivery of the Bonds, or any obligation herein or therein imposed upon the Issuer or respecting beach thereof, shall give rise to a pecuniary liability of the Issuer, its officers, employees or agents, or a charge against the Issuer's general credit or taxing powers or shall obligate the Issuer, its officers, employees or agents, financially in any way except with respect to this Agreement and the application of revenues therefrom and the proceeds of the Bonds. The Bonds shall be and constitute only a special and limited revenue obligation of the Issuer, payable solely from the revenues pledged to the payment thereof pursuant to the Indenture, and the Bonds do not now and shall never constitute an indebtedness, a general or moral obligation or a loan of the credit of the issuer or a line, charge or encumbrance, legal or equitable, against the Issuer's general credit or taxing powers or any of the Issuer's property. No failure of the Issuer to comply with any term, condition,covenant or agreement therein shall subject the Issuer, its officers, employees or agents, to liability for any claim for damages, costs or other financial or pecuniary charges except to the extent that the same can be paid or recovered from the Loan Agreement or revenues therefrom or proceeds of the Bonds. No execution on any claim, demand, cause of action or judgment shall be levied upon or collected from the general credit, general funds or taxing powers of the Issuer. In making the agreements, provisions and covenants set forth in the Indenture, the Issuer has not obligated itself except with respect to the Indenture and the application of revenues under the Indenture as provided therein. The Bonds constitute special, limited obligations of the Issuer,payable solely from the revenues pledged to the payment thereof pursuant to the Loan Agreement and the Indenture, and do not now and shall never constitute an indebtedness or a loan of the credit of the Issuer, the State of Minnesota or any political subdivision thereof or a charge against the Issuer's general taxing powers within the meaning of any constitutional or statutory provision whatsoever. It is further 6 understood and agreed by the Borrower and the holders of the Bonds that the Issuer, its officers, employees or agents shall incur no pecuniary liability hereunder and shall not be liable for any expenses related hereto, all of which the Borrower agrees to pay. If, notwithstanding the provisions of this Section, the Issuer, its officers, employees or agents incurs any expense, or suffers any losses, claims or damages or incurs any liabilities,the Borrower will indemnify and hold harmless the Issuer, its officers, employees or agents from the same and will reimburse the Issuer, its officers, employees or agents for any legal or other expenses incurred by the Issuer, its officers, employees or agents in relation thereto, and this covenant to indemnify, hold harmless and reimburse the Issuer, its officers, employees or agents shall survive delivery of and payment for the Bonds and expiration or termination of the Indenture. The liability of the Issuer is further restricted as provided in the Act. Except as herein otherwise expressly provided,nothing in this resolution or in the aforementioned documents expressed or implied, is intended or shall be construed to confer upon any person or firm or corporation, other than the City, and any holders of the Bonds issued under the provisions of this resolution, any right, remedy or claim, legal or equitable, under and by reason of this resolution or any provisions hereof, this resolution, the aforementioned documents, and all of their provisions being intended to be and being for the sole and exclusive benefit of the City,the Borrower, the Underwriter, the Lender, and any beneficial owners from time to time of the Bonds issued under the provisions of this resolution. 20. SEVERABILITY. In case any one or more of the provisions of this resolution, other than the provisions limiting the liability of the City, or of the aforementioned documents, or of the Bonds issued hereunder shall for any reason be held to be illegal or invalid, such illegality or invalidity shall not affect any other provision of this resolution, or of the aforementioned documents, or of the Bonds,but this resolution, the aforementioned documents, and the Bonds shall be construed and endorsed as if such illegal or invalid provisions had not been contained therein. 21. VALIDITY OF THE BONDS. The Bonds,when executed and delivered, shall contain a recital that they are issued in accordance with the Act, and such recital shall be conclusive evidence of the validity of the Bonds and the regularity of the issuance thereof, and that all acts, conditions, and things required by the laws of the State of Minnesota relating to the adoption of this resolution, to the issuance of the Bonds, and to the execution of the aforementioned documents to happen, exist, and be performed precedent to the execution of the aforementioned documents have happened, exist, and have been performed as so required by law. 22. ADDITIONAL ACTIONS. The officers of the City, including the Issuer Officials, the City Attorney, Bond Counsel, other attorneys, and other agents or employees of the City are hereby authorized to do all acts and things required of them by or in connection with this resolution, the aforementioned documents, or the Bonds, for the full, punctual, and complete performance of all the terms, covenants, and agreements contained in the Bonds, the aforementioned documents, and this resolution. 23. FEES AND INDEMNIFICATION. The Borrower has agreed to pay the administrative fees of the City in accordance with the applicable policies and procedures of the City. It is hereby determined that any and all costs incurred by the City in connection with the financing of the Project will be paid by the Borrower. It is understood and agreed by the Borrower that the Borrower shall indemnify the City against all liabilities, losses, damages, costs, and expenses (including attorney's fees and expenses incurred by the City) arising with respect to the Project and the Bonds, as provided for and agreed to by and between the Borrower and the City in the Loan Agreement. The financing transaction represented by the Bonds is subject to all existing policies and procedures of the City and is also subject 7 to any conduit bond policies and procedures subsequently adopted by the City to the extent the provisions thereof are intended to be applied retroactively to conduit revenue obligations issued prior to the adoption of such conduit bond policies and procedures. 24. EFFECTIVE DATE. This resolution shall be in full force and effect from and after its adoption. [The remainder of this page is intentionally left blank.] 8 ADOPTED by the City Council of the City of Eden Prairie this 17th day of January,2017. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen Porta, City Clerk ED185-003(SEL) 490673v.3 9 CITY OF EDEN PRAIRIE,MINNESOTA PROGRAM FOR A MULTIFAMILY HOUSING DEVELOPMENT Pursuant to Minnesota Statutes, Chapter 462C, as amended (the "Act"), the City of Eden Prairie, Minnesota (the "City") is authorized to develop and administer programs to finance the acquisition and construction of multifamily housing developments under the circumstances and within the limitations set forth in the Act. Section 462C.07 of the Act provides that such programs for multifamily housing developments may be financed through the issuance of revenue obligations issued by the City. The City received a proposal from Prairie Meadows Limited Partnership, a Minnesota limited partnership (the "Borrower"), that the City: (i) issue multifamily housing revenue bonds (the "Bonds"), in an aggregate principal amount not to exceed $18,000,000, and loan the proceeds derived from the sale of the Bonds to the Borrower; and(ii) adopt a housing program with respect to the Bonds. The Borrower proposes to apply the proceeds of such loan to finance the acquisition, construction, and rehabilitation of an approximately 168-unit multifamily rental housing development, comprised of twenty-eight (28) town home buildings and functionally related and subordinate facilities, located at 11345 Westwind Drive in the City(the "Project"). The Project is currently owned by the Borrower, the general partner of which is CHDC Prairie Meadows GP LLC, a Minnesota limited liability company. The City, in establishing this Program for a Multifamily Housing Development (the "Program"), has considered the information contained in the City's Comprehensive Guide Plan. The Project will be acquired, constructed, and rehabilitated in accordance with the requirements of Subdivisions 1 and 2 of Section 462C.05 of the Act. Section A. Definitions. The following terms used in this Program shall have the following meanings,respectively: "Act" shall mean Minnesota Statutes, Chapter 462C, as currently in effect and as the same may be from time to time amended. "Bonds" shall mean one or more series of multifamily housing revenue bonds to be issued by the City, in the aggregate principal amount not to exceed$18,000,000. "Borrower"shall mean Prairie Meadows Limited Partnership, a Minnesota limited partnership. "City"shall mean the City of Eden Prairie,Minnesota. "Code"shall mean the Internal Revenue Code of 1986,as amended. "Land"shall mean the real property upon which the Project is situated. "Program" shall mean this Program for a Multifamily Housing Development for the financing of the Project pursuant to the Act. "Project" shall mean the 168-unit rental housing development, comprised of twenty-eight (28) town home buildings and functionally related and subordinate facilities, located at 11345 Westwind Drive in the City,to be acquired, constructed, and rehabilitated by the Borrower. Section B. Program for Financing the Project. It is proposed that the City establish this Program to provide financing for the acquisition, construction, and rehabilitation of the Project at a cost and upon such other terms and conditions as are set forth herein and as may be agreed upon in writing between the City,the initial purchaser of the Bonds, and the Borrower. The City expects to issue the Bonds as soon as the terms of the Bonds have been agreed upon by the City, the Borrower, and the initial purchaser of the Bonds. The proceeds of the Bonds will be loaned by the City to the Borrower to finance the acquisition, construction, and rehabilitation of the Project and pay the costs of issuance with respect to the Bonds. It is anticipated that the Bonds will have a final maturity of less than forty (40) years, will be issued in one or more series, and will bear interest at a variable rate or at fixed rates consistent with the market at the time of issuance. The City will not hire additional staff for the administration of the Program. No administrative costs will be paid from the City's budget with respect to this Program. The Bonds will be special, limited revenue obligations of the City and the Bonds and interest thereon will be payable solely from the revenues and assets pledged to the payment thereof by the Borrower. No Holder of any Bonds will ever have the right to compel any exercise of the taxing power of the City to pay the Bonds or the interest thereon, nor to enforce payment against any property of the City(except revenues of the Borrower)to be paid to the City and pledged to the payment of the Bonds. Section C. Local Contributions to the Program. In addition to the Bonds to be issued under this Program, the Project is expected to be funded from additional sources including low income housing tax credits and various other funding sources. Section D. Standards and Requirements Relating to the Financing of the Project Pursuant to the Program. The following standards and requirements shall apply with respect to the operation of the Project by the Borrower pursuant to this Program: (1) Substantially all of the proceeds of the sale of the Bonds will be applied to the acquisition, construction, and rehabilitation of the Project and the payment of the costs of issuing the Bonds. The proceeds will be made available to the Borrower pursuant to the terms of a loan agreement (or other revenue agreement) which will include certain covenants to be made by the Borrower to the City regarding the use of proceeds of the Bonds and the character and use of the Project. (2) The Borrower, and any subsequent owner of the Project, will not reject an application from a proposed tenant because of race, color, creed, religion, national origin, sex, affectional preference,marital status, or status with regard to public assistance or disability. (3) It is expected that upon completion of the Project, at least forty percent(40%) of the units in the Project will be occupied or held for occupancy by families or individuals whose incomes are not greater than sixty percent(60%) of the area median gross income. This set aside would satisfy the low-income occupancy requirements of Section 462C.05, subdivision 2 of the Act,if they were applicable. Subsection E. Evidence of Compliance. The City may require from the Borrower at or before the issuance of the Bonds, evidence satisfactory to the City of the ability and intention of the Borrower to complete the Project, and evidence satisfactory to the City of compliance with the standards and requirements for the completion of the financing established by the City, as set forth herein; and in connection therewith, the City or its representatives may inspect the relevant books and records of the Borrower in order to confirm such ability, intention, and compliance. In addition, the City may 2 periodically require certifications from either the Borrower or such other person deemed necessary concerning compliance with various aspects of this Program. Section F. Issuance of Bonds. To finance the Project in accordance with the provisions of this Program, the City will by resolution authorize, issue, and sell the Bonds in one or more series in the aggregate principal amount not to exceed $18,000,000. The Bonds shall be issued pursuant to Section 462C.07, subdivision 1 of the Act and shall be payable primarily from the revenues to be derived by the Borrower from the revenues of the Project. The total cost of the Project is presently expected to be approximately$24,336,000. The costs of the Project may change between the date of preparation of this Program and the date of issuance of the Bonds. The Bonds are expected to be issued in February of 2017. Subsection G. Severability. The provisions of this Program are severable and if any of its provisions, sentences, clauses or paragraphs shall be held unconstitutional, contrary to statute, exceeding the authority of the City or otherwise illegal or inoperative by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions. Subsection H. Amendment. The City shall not amend this Program while the Bonds authorized hereby are outstanding to the detriment of the holders of such Bonds. Subsection I. State Ceiling. (1) An application for an allocation of a portion of the annual volume cap for private activity bonds will be made or has been made to the Minnesota Department of Management and Budget("MMB"),pursuant to Section 146 of the Code and Minnesota Statutes, Chapter 474A, as amended(the"Allocation Act"). (2) Pursuant to the terms and requirements of the Allocation Act: (i) the Project will meet the requirements of Section 142(d) of the Code regarding the incomes of the occupants of the Project; and(ii)the maximum rent for at least twenty percent(20%) of the Housing Units will not exceed the area fair market rent or exception fair market rents for existing housing, if applicable,as established by the United States Department of Housing and Urban Development. (3) Prior to the issuance of the Bonds, the Borrower will enter into a Regulatory Agreement with the City that specifies the maximum rental rates of the rent-restricted units in the Project and the income levels of the residents of the Project occupying the income-restricted units. Such rental rates and income levels must be within the limitations established in accordance with the preceding paragraph (2). The Borrower will be required to annually certify to the City over the term of the agreement that the rental rates for the rent-restricted units are within the limitations under the preceding paragraph (2). The City may request individual certification of the income of residents of the income-restricted units of the Project. MMB may request from the City a copy of the annual certification prepared by the Borrower. MMB may require the City to request individual certification of all residents of the income-restricted units of the Project. (4) The City will monitor Project compliance with the rental rate and income level requirements established under the preceding paragraph (2). The City may issue an order of noncompliance if the Project is found by the City to be out of compliance with the rental-rate or income-level requirements established under the preceding paragraph (2). The Borrower shall pay a penalty to the City equal to one-half of one percent of the total amount of the Bonds issued 3 under the Allocation Act for the Project if the City issues an order of noncompliance. For each additional year the Project is out of compliance,the annual penalty must be increased by one-half of one percent of the principal amount of the Bonds issued under the Act for the Project. The City may waive insubstantial violations. Subsection J. Scope of Program. This Program relates solely to the Project described herein. This Program is separate and distinct from any and all housing and economic development policies established by the City. (The remainder of this page is intentionally left blank.) ED185-003(SEL) 491797v2 4 CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims January 17, 2017 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 251088 - 251207 Wire Transfers 1015968 - 1016017 Wire Transfers 5991 - 5995 Purchasing Card 5991 City of Eden Prairie Council Check Summary 1/17/2017 Division Amount 6,104 100 City Manager 7,443 101 Legislative 3,844 110 City Clerk 13,340 111 Customer Service 3,343 112 Human Resources 165 113 Communications 6,195 114 Benefits&Training 13 131 Finance 326 132 Housing and Community Services 21,485 133 Planning 323 136 Public Safety Communications 3,577 137 Economic Development 78 138 Community Development Admin. 181 151 Park Maintenance 5,738 153 Organized Athletics 25 154 Community Center 36,778 156 Youth Programs 242 158 Senior Center 484 162 Arts 66 163 Outdoor Center 453 168 Arts Center 571 180 Police 4,860 184 Fire 19,037 186 Inspections 1,868 201 Street Maintenance 114,885 Total General Funds 251,425 301 CDBG 12,326 Total Special Revenue Fund 12,326 304 Senior Board 96 315 Economic Development 11,358 509 CIP Fund 122,025 512 CIP Trails 170,193 804 100 Year History 170 Total Capital Projects 303,842 601 Prairie Village Liquor 64,464 602 Den Road Liquor 90,333 603 Prairie View Liquor 68,595 605 Den Road Building 141 701 Water Fund 35,076 702 Sewer Fund 3,246 703 Storm Drainage Fund 3,983 Total Enterprise Funds 265,837 803 Escrow Fund 5,665 806 SAC Agency Fund 12,425 807 Benefits Fund 277,435 811 Property Insurance 998 812 Fleet Internal Service 24,290 813 IT Internal Service 5,834 815 Facilites Operating ISF 20,747 816 Facilites City Center ISF 46,801 817 Facilites Comm.Center ISF 31,004 Total Internal Svc/Agency Funds 425,200 Report Total 1,258,630 City of Eden Prairie Council Check Register by GL 1/17/2017 Check# Amount Supplier/Explanation Account Description Business Unit Comments 251135 277,130 HEALTHPARTNERS Accounts Receivable Health and Benefits Premiums Jan 2017 251171 170,193 NORTHERN ESCROW INC Other Contracted Services CIP Trails 2016 EP Sidwalk Projects 1015997 112,523 MINNESOTA DIRT WORKS INC Improvements to Land Capital Maint.&Reinvestment Round Lake improvements 251174 92,210 PARK CONSTRUCTION Asphalt Overlay Street Maintenance 251149 45,283 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store 5991 37,151 US BANK Other Revenue Police 251193 32,361 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store 1015986 24,521 DIVERSE BUILDING MAINTENANCE Janitor Service Prairie Village Liquor Store 251092 23,608 ABM ONSITE SERVICES-MIDWEST Tenant 1-Janitor Service Utility Operations-General 5995 18,566 RADIANT SYSTEMS Bank and Service Charges Prairie View Liquor Store 1016003 18,421 PARROTT CONTRACTING INC Equipment Repair&Maint Water System Maintenance 251181 18,419 PRAIRIE PARTNERS SIX LLP Waste Disposal Prairie Village Liquor Store 251120 18,215 COMPASS MINERALS AMERICA,INC Salt Snow&Ice Control 1016014 14,698 WALL TRENDS INC Contract Svcs-General Bldg City Center Operations 251195 14,237 SPIRIT APPAREL AND STUFF Retention Program Community Center Admin 251182 14,030 PRAIRIEVIEW RETAIL LLC Building Rental Prairie View Liquor Store 251159 13,793 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating 251178 13,536 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store 1015974 13,059 GREENSIDE INC Contract Svcs-Snow Removal Fire Station#1 251148 12,960 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store 251162 12,301 METROPOLITAN COUNCIL Other Revenue SAC Agency Fund 251108 11,761 BREAKTHRU BEVERAGE MINNESOTA WINE&SPIR Liquor Product Received Prairie View Liquor Store 1015992 11,737 JEFFERSON FIRE&SAFETY INC Equipment Repair&Maint Fire 5992 11,661 US BANK-CREDIT CARD MERCHANT ONLY Bank and Service Charges Finance 1015995 11,082 METRO ELEVATOR INC Contract Svcs-Elevator Fire Station#1 251204 9,502 VIDEOTRONIX INC Building Capital Maint.&Reinvestment 1016004 9,425 PETERSON BROS ROOFING AND CONSTRUCTION I Contract Svcs-Roof Economic Development Fund 251161 9,204 MCCOMB GROUP LTD Other Contracted Services Prairie Village Liquor Store 251185 8,375 PROP Other Contracted Services Housing and Community Service 1016006 7,875 SENIOR COMMUNITY SERVICES Other Contracted Services Housing and Community Service 251141 7,826 HENNEPIN COUNTY ELECTIONS Equipment Repair&Maint Elections 251205 7,610 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store 251088 7,408 LIGHTHOUSE DAYCARE CENTER INC City Building Rental Economic Development Fund 251107 7,375 BREAKTHRU BEVERAGE MINNESOTA BEER LLC Liquor Product Received Prairie View Liquor Store 1015996 6,610 METRO SALES INCORPORATED* Equipment Rentals Customer Service 251168 6,570 MINTAHOE INC Miscellaneous Wine Club/Events 251189 6,250 RIGHTLINE DESIGN LLC Other Contracted Services Communications 251184 5,825 PROP Refunds CDBG-Public Service 251089 5,542 LIGHTHOUSE DAYCARE CENTER INC Deposits Escrow 251183 5,124 PROP Refunds CDBG-Public Service 251192 5,000 SOUTHDALE YMCA YOUTH DEVELOPMENT PROGRAM Other Contracted Services Housing and Community Service 5994 4,690 AMERICAN EXPRESS Bank and Service Charges Finance 251131 4,057 GRAYMONT Treatment Chemicals Water Treatment Plant Check# Amount Supplier/Explanation Account Description Business Unit Comments 1016009 3,993 THORPE DISTRIBUTING Liquor Product Received Prairie Village Liquor Store 5993 3,664 SAGE PAYMENT SOLUTIONS Bank and Service Charges Wastewater Collection 251169 3,400 MOBOTREX INC Equipment Repair&Maint Traffic Signals 251096 3,199 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store 1016001 3,080 ON CALL SERVICES Equipment Repair&Maint Day Care 1015981 3,051 VAN PAPER COMPANY Cleaning Supplies Park Shelters 251176 3,023 PAUSTIS&SONS COMPANY Liquor Product Received Prairie View Liquor Store 251157 2,973 LUBE-TECH&PARTNERS LLC Lubricants&Additives Fleet Operating 251138 2,367 HENNEPIN COUNTY ELECTIONS Printing Elections 251132 2,203 GREAT LAKES COCA-COLA DISTRIBUTION Merchandise for Resale Concessions 251143 2,047 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store 251139 2,027 HENNEPIN COUNTY ELECTIONS Postage Elections 1016017 1,950 WINE COMPANY,THE Liquor Product Received Prairie View Liquor Store 251163 1,925 METROPOLITAN COUNCIL ENVIRONMENTAL SERVI Other Contracted Services Storm Drainage 1015991 1,899 HEWLETT-PACKARD COMPANY Capital Under$25,000 Street Maintenance 1016011 1,849 UNIQUE PAVING MATERIALS Gravel Water System Maintenance 251199 1,800 SYMBOLARTS Operating Supplies Emergency Preparedness 1015982 1,718 VINOCOPIA Liquor Product Received Prairie View Liquor Store 251091 1,467 ABLE HOSE&RUBBER INC Repair&Maint.Supplies Park Maintenance 251100 1,428 BERG-JOHNSON ASSOCIATES INC Equipment Parts Wastewater Lift Station 251136 1,365 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Board of Prisoner Police 1015978 1,334 PROSOURCE SUPPLY Repair&Maint-Ice Rink Ice Arena Maintenance 251093 1,248 ALL AMERICAN DOOR Other Contracted Services Rehab 251191 1,200 SLIPSTREAM PROJECTS LLC Small Tools Fleet Operating 251198 1,138 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 251116 1,126 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie View Liquor Store 251155 998 LEAGUE MN CITIES INS TRUST Insurance Property Insurance 251145 955 INDEED BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store 251094 948 ANCOM COMMUNICATIONS INC Equipment Repair&Maint Public Safety Communications 251126 900 FERRENTINO,CANDYCE Repair&Maint.Supplies Utility Operations-General 251170 881 NORTH PINE AGGREGATE,INC Repair&Maint.Supplies Storm Drainage 251187 839 RANDY'S ENVIRONMENTAL SERVICES Waste Disposal City Hall-CAM 251206 793 PETTY CASH Mileage&Parking Human Resources 251202 768 TURFWERKS Equipment Parts Fleet Operating 251200 747 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions 251109 735 BRIN NORTHWESTERN GLASS COMPANY Contract Svcs-General Bldg Ice Arena Maintenance 251101 724 BERNICK'S WINE Liquor Product Received Prairie Village Liquor Store 251099 723 BEARING INDUSTRIAL&SUPPLIES INC Repair&Maint.Supplies Water Treatment Plant 251144 705 HOME DEPOT CREDIT SERVICES Supplies-Plumbing Fire Station#4 251095 699 ANTENNA PLUS LLC Equipment Parts Fleet Operating 251137 697 HENNEPIN COUNTY ELECTIONS Other Contracted Services Elections 251166 690 MINNESOTA RURAL WATER ASSOCIATION Tuition Reimbursement/School Water Treatment Plant 1015990 686 GRAINGER Repair&Maint.Supplies Facilities Staff 251114 655 CHANKASKA CREEK RANCH&WINERY,LLC Liquor Product Received Den Road Liquor Store 1015985 654 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store 1016013 654 VISTAR CORPORATION Merchandise for Resale Concessions 1015983 626 ANCHOR PAPER COMPANY Office Supplies Customer Service 251173 606 PAPCO INC Janitor Service Fitness/Conference-Cmty Ctr Check# Amount Supplier/Explanation Account Description Business Unit Comments 251121 602 DEPARTMENT OF HUMAN SERVICES Other Contracted Services Park Maintenance 251188 563 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Prairie Village Liquor Store 251175 560 PARSONS ELECTRIC CO Contract Svcs-Electrical City Hall-CAM 251179 538 POPE DOUGLAS SOLID WASTE MANAGEMENT Other Contracted Services Police 1015989 520 FILTRATION SYSTEMS Supplies-HVAC Fitness/Conference-Cmty Ctr 1016015 517 WATSON CO INC,THE Merchandise for Resale Concessions 251102 500 BERNSTEIN ROSS Other Contracted Services Fire 251104 483 BMC SOFTWARE INC Software IT Operating 1016000 474 OENO'S DISTRIBUTION Liquor Product Received Prairie View Liquor Store 1015987 461 FACTORY MOTOR PARTS COMPANY Equipment Parts Fleet Operating 1016005 448 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical City Hall-CAM 1015969 414 BERRY COFFEE COMPANY Merchandise for Resale Concessions 251128 400 GENERAL MACHINING INC. Equipment Parts Fleet Operating 251147 400 JASON PAULSON BAND Other Contracted Services Fire 251111 389 CAPREF EDEN PRAIRIE LLC Building Rental Housing and Community Service 1015970 384 BUSINESS ESSENTIALS Office Supplies Utility Operations-General 251177 362 PETROCHOICE Lubricants&Additives Fleet Operating 251194 362 SPEEDPRO IMAGING INC Operating Supplies Ice Operations 251090 357 3D SPECIALTIES Operating Supplies Park Maintenance 1015968 322 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Den Road Liquor Store 1016010 317 TOWMASTER INC Equipment Parts Fleet Operating 1015999 305 MULCAHY COMPANY INC Supplies-HVAC Fitness/Conference-Cmty Ctr 251130 287 GRAPE BEGINNINGS Liquor Product Received Prairie Village Liquor Store 1016002 282 PARLEY LAKE WINERY Liquor Product Received Prairie Village Liquor Store 251153 280 LAKE COUNTRY DOOR LLC Other Contracted Services Police City Center 251118 280 COMCAST Other Broadband Internet IT Operating 251164 277 MIDWEST COCA COLA BOTTLING COMPANY Liquor Product Received Prairie Village Liquor Store 1015973 277 FASTENAL COMPANY Repair&Maint.Supplies Fleet Operating 251115 276 CINTAS CORPORATION #470 Cleaning Supplies Utility Operations-General 1016016 270 WICHTERMAN'S LTD Equipment Repair&Maint Fleet Operating 251142 257 HENNEPIN COUNTY l/T DEPT Equipment Repair&Maint Public Safety Communications 1016012 247 UPS Postage Planning 1015998 238 MINNESOTA EQUIPMENT Equipment Parts Fleet Operating 1015977 232 O'ROURKE,MATTHEW Clothing&Uniforms Police 251167 218 MINNESOTA TROPHIES&GIFTS Operating Supplies-Dept Events Fire 1015993 184 KIDCREATE STUDIO Instructor Service Arts Center 1015984 184 ASPEN EQUIPMENT CO. Equipment Parts Fleet Operating 251122 177 DICA MARKETING CO Equipment Parts Fleet Operating 1015971 177 CHOUINARD STACY Mileage&Parking Fitness Admin. 1015979 176 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 251201 168 TKO WINES,INC Liquor Product Received Den Road Liquor Store 251125 166 ENKI BREWING COMPANY INC Liquor Product Received Den Road Liquor Store 251196 157 STAPLES ADVANTAGE Office Supplies Customer Service 251127 154 FIRE SAFETY USA INC Equipment Parts Fleet Operating 251103 145 BLOOMINGTON SECURITY SOLUTIONS Building Repair&Maint. Park Maintenance 251186 134 PROP-DO NOT USE United Way Withheld Health and Benefits 251190 128 SIGNSOURCE Repair&Maint.Supplies Park Shelters 251207 127 PETTY CASH-EPCC Mileage&Parking Aquatics Admin. Check# Amount Supplier/Explanation Account Description Business Unit Comments 251113 127 CENTURYLINK Telephone IT Telephone 251098 116 BAYER MARISA Mileage&Parking Community Development Admin. 251119 113 COMMUNITY HEALTH CHARITIES OF MINNESOTA United Way Withheld Health and Benefits 251133 110 GUNTIPALLY MAHESH Deposits-P&R Refunds Community Center Admin 251123 103 E A SWEEN COMPANY Merchandise for Resale Concessions 251150 100 KAISER,DAVID S Operating Supplies Ice Operations 251197 100 STATE OF MINNESOTA DEPT OF PUBLIC SAFETY Licenses&Taxes Ice Arena Maintenance 251180 96 PRAHA DISTRIBUTING Liquor Product Received Den Road Liquor Store 251140 95 HENNEPIN COUNTY ELECTIONS Operating Supplies Elections 1015980 95 SHAMROCK GROUP,INC-ACE ICE Liquor Product Received Prairie View Liquor Store 1015994 94 MENARDS Repair&Maint.Supplies Storm Drainage 251156 94 LOES OIL COMPANY Waste Disposal Fleet Operating 251152 90 LACOUNT SALES LLC Equipment Parts Fleet Operating 251112 90 CARBALLO NOREEN Deposits-P&R Refunds Community Center Admin 251160 90 MASS/MRPA Conference/Training Senior Center Admin 1015976 90 LANZI,BOB Mileage&Parking Ice Admin. 251106 89 BOYER FORD TRUCKS Equipment Parts Fleet Operating 251172 87 OMEGA INDUSTRIES Repair&Maint.Supplies Park Maintenance 1015972 77 DUNGAN,TRACY Merchandise for Resale Concessions 251146 76 INDOFF INCORPORATED Office Supplies Customer Service 1016007 72 STAR TRIBUNE MEDIA COMPANY LLC Dues&Subscriptions Utility Operations-General 1015988 68 FEDEX Postage IT Operating 251105 66 BOURGET IMPORTS Liquor Product Received Den Road Liquor Store 251110 63 BUCK,BRENT Deposits Escrow 251097 53 ASPEN MILLS Clothing&Uniforms Fire 251151 52 KEEPRS INC. Clothing&Uniforms Fire 251165 51 MINNEAPOLIS FINANCE DEPARTMENT Software Maintenance IT Operating 1016008 50 STREICHERS Clothing&Uniforms Police 251203 37 UNITED WAY United Way Withheld Health and Benefits 251134 29 HD SUPPLY WATERWORKS LTD Small Tools Water System Maintenance 251117 27 COMCAST Other Contracted Services Police 251158 26 MALLOW JOHN Reimbursement Outdoor Center 251124 22 EDEN PRAIRIE FOUNDATION United Way Withheld Health and Benefits 251154 15 LATTIMORE ANDREW Mileage&Parking Aquatics Admin. 251129 10 GENERAL OFFICE PRODUCTS COMPANY Repair&Maint.Supplies Fitness/Conference-Cmty Ctr 1015975 4 JOHNSTONE SUPPLY Supplies-HVAC Fitness/Conference-Cmty Ctr 1,258,630 Grand Total City of Eden Prairie Purchasing Card Payment Report 1/17/2017 Amount Explanation Vendor Account Description Business Unit 3,215 US-Oct16 bldg surchgs DEPT OF LABOR&INDUSTRY Building Surcharge General Fund 2,880 US-J Klemp CC BROWLEE VALERIE Deposits Escrow 2,160 US-J Klemp CC BROWLEE VALERIE Deposits Escrow 2,145 US-tv board rm COSTCO Other Assets Public Safety Communications 2,045 US-license for 2017 summer mus MUSIC THEATRE INTERNATIONAL Prepaid Expenses General Fund 1,560 US-royalty fee for plaza suite SAMUEL FRENCH INC Prepaid Expenses General Fund 1,439 US-atw generator HOME DEPOT CREDIT SERVICES Small Tools Fire 1,430 US-service awards HALLMARK INSIGHTS Employee Award Internal Events 1,124 US-NLC hotel MONACO PITTSBURGH Travel Expense City Council 1,106 US-NLC hotel MONACO PITTSBURGH Travel Expense City Council 1,070 US-hotel for TZD conf HOLIDAY INN&SUITES DULUTH Tuition Reimbursement/School Police 1,003 US NLC hotel MONACO PITTSBURGH Travel Expense City Council 850 US-fire panel smith/moore hous CLOSED CIRCUIT SPECIALISTS INC Repair&Maint.Supplies Dunn Brothers 800 US-nlc lodging MONACO PITTSBURGH Travel Expense Administration 600 US-training class CHAMPIONS HALL Prepaid Expenses General Fund 579 US-tools NORTHERN TOOL&EQUIPMENT Small Tools Capital Outlay Parks 572 US-employee recognition lunch OLYMPIC HILLS CORP Miscellaneous Internal Events 570 US-generator NORTHERN TOOL&EQUIPMENT Small Tools Capital Outlay Parks 550 US-frame pictures MICHAELS-THE ARTS&CRAFTS S Operating Supplies Fire 541 US-Oct16 bldg surchgs DEPT OF LABOR&INDUSTRY Mechanical Surcharge General Fund 536 US-hotel expense PIER HOUSE 60 HOTEL CLEARWATER Conference/Training Fire 516 US-ems bags STATPACK EMS Supplies Fire 400 US-2yr delay the disease licen OHIO HEALTH Prepaid Expenses General Fund 390 US-erosion/stormwater cert-3 UNIVERSITY OF MINNESOTA Conference/Training Storm Drainage 375 US-annual dues 1WOMEN Dues&Subscriptions Fire 367 US-gateway fees NCR SPECIALTY Bank and Service Charges Den Road Liquor Store 350 US-ink ribbon for printer ID WHOLESALER Operating Supplies Community Center Admin 344 US-liquor store stickers UPRINTING Advertising Den Road Liquor Store 344 US-liquor store stickers UPRINTING Advertising Prairie View Liquor Store 344 US-liquor store stickers UPRINTING Advertising Prairie Village Liquor Store 336 US-battery saver CHIEF SUPPLY Equipment Parts Fleet Operating 300 US-Mnafpm conf-Modrow Rue EVENTBRITE Conference/Training Storm Drainage 296 US-ITE 2017 dues INSTITUTE OF TRANSPORTATION EN Prepaid Expenses General Fund 293 US-y-balance test MF ATHLETIC Capital Under$25,000 Fitness Center 289 US-moniters CDW GOVERNMENT INC. Computers Park Maintenance 280 US-xertube-yellow AMAZON.COM Operating Supplies Fitness Classes 271 US-council workshop food BAKERS'RIBS Miscellaneous City Council 254 US-airbag AMAZON.COM Equipment Parts Fleet Operating 254 US-monthly billing NIMBLE SCHEDULE Other Contracted Services Community Center Admin 236 US-gateway fees NCR SPECIALTY Bank and Service Charges Prairie View Liquor Store 235 US-video capture software TECHSMITH CORPORATION Training Supplies Fire 230 US-scanner AMAZON.COM Office Supplies Customer Service 224 US-Oct16 bldg surchgs DEPT OF LABOR&INDUSTRY Plumbing Surcharge General Fund 223 US-supplies NORTHERN TOOL&EQUIPMENT Operating Supplies Park Maintenance 218 US-quartermaster AMAZON.COM Operating Supplies Police 206 US-supplies NORTHERN TOOL&EQUIPMENT Small Tools Park Maintenance 202 US-shop equip PRODUCTION AUTOMATION CORPORAT Equipment Repair&Maint Public Safety Communications 200 US-fit staff trng BUCA Training Supplies Fitness Center 200 US-FF licensing MN BOARD OF FIREFIGHTER TRG& Prepaid Expenses General Fund Amount Explanation Vendor Account Description Business Unit 198 US-salt CONSTRUCTION MIDWEST Building Repair&Maint. Utility Operations-General 196 US-hotel expense HAMPTON INN Conference/Training Fire 193 US-decorations MENARDS Landscape Materials/Supp Community Center 192 US-blocks sets IMAGINATION PLAYGROUND Operating Supplies Youth Programs Admin 187 US-conf lodging BEST WESTERN Conference/Training Storm Drainage 187 US-conf lodging BEST WESTERN Conference/Training Storm Drainage 184 US-holster OPTICS PLANET Clothing&Uniforms Police 180 US-parking lot lights HARMON AUTOGLASS Repair&Maint.Supplies Community Center 176 US-51b add on weight SPORTSMITH Operating Supplies Fitness Center 175 US-pressure washer MENARDS Repair&Maint.Supplies Water Treatment Plant 175 US-mersc renewal MERSC Prepaid Expenses General Fund 175 US-gateway fees NCR SPECIALTY Bank and Service Charges Prairie Village Liquor Store 167 US-toys for playcare AMAZON.COM Operating Supplies Day Care 163 US-kiln vent BIGCERAMICSTORE.COM Operating Supplies Arts Center 161 US-bank service charge PLUG N PAY Bank and Service Charges Community Center Admin 160 US-office supplies AMAZON.COM Office Supplies Police 159 US-magnum lead shots AMAZON.COM Training Supplies Police 159 US-bank service charge PLUG N PAY Bank and Service Charges Community Center Admin 159 US-standard Q targets LAW ENFORCEMENT TARGETS Training Supplies Police 159 US-toy bins-playcare WORTHINGTON DIRECT Operating Supplies Day Care 149 US-fit staff trig BUCA Training Supplies Fitness Classes 145 US-moniters CDW GOVERNMENT INC. Capital Under$25,000 Street Maintenance 144 US-airport parking MSP AIRPORT PARKING Mileage&Parking Fire 142 US-usb drivers AMAZON.COM Computers IT Operating 138 US-election day food CRUMB GOURMET DELI Miscellaneous City Clerk 138 US-dollhouse for playcare AMAZON.COM Operating Supplies Day Care 128 US-leaf blower HOME DEPOT CREDIT SERVICES Operating Supplies Senior Center Admin 125 US-clay tool kits AMAZON.COM Operating Supplies Arts Center 120 US-training to work with adult CLUBASSISTANT.COM Tuition Reimbursement/School Fitness Classes 118 US-lab supplies HOME DEPOT CREDIT SERVICES Lab Supplies Water Treatment Plant 117 US-beading/birthday supplies MICHAELS-THE ARTS&CRAFTS S Operating Supplies Arts Center 107 US-office supplies AMAZON.COM Office Supplies Police 105 US-human rights training STATE OF MINNESOTA Conference/Training Housing and Community Service 103 US-bday party WORTHINGTON DIRECT Operating Supplies Birthday Parties 101 US-quartermaster LA POLICE GEAR Operating Supplies Police 100 US-awards rec meeting CRAVE CATERING Operating Supplies Fire 92 US-sunshine fund-Garside TLF BELLADONNA FLORIST Deposits Escrow 91 US-critter food PETCO Operating Supplies Outdoor Center 91 US-toner LS1 AMAZON.COM Process Control Equipment IT Operating 84 US-elections set up lunch GINA MARIAS INC Miscellaneous Elections 83 US-holiday decorations HOME DEPOT CREDIT SERVICES Operating Supplies Senior Board 82 US-ext cord HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Purgatory Creek Park 80 US-NCTRC license fee NCTRC Conference/Training Senior Center Admin 80 US-usb sticks watchguard AMAZON.COM Computers IT Operating 79 US-gym supplies PICKLEBALLCENTRAL.COM Operating Supplies Gymnasium(CC) 79 US-drinking fountain-purgatory MENARDS Repair&Maint.Supplies Riley Lake 76 US-lts badges LEARN TO SKATE Operating Supplies Ice Lessons 75 US-water pump NORTHERN TOOL&EQUIPMENT Small Tools Water System Maintenance 74 US-critter food PETCO Operating Supplies Outdoor Center 73 US-targets LAW ENFORCEMENT TARGETS Training Supplies Police 71 US-30 day bands BRANDERS Operating Supplies Fitness Admin. 70 US-emt trng NATIONAL REGISTRY OF EMTS Tuition Reimbursement/School Police 70 US-emt trng NATIONAL REGISTRY OF EMTS Tuition Reimbursement/School Police Amount Explanation Vendor Account Description Business Unit 65 US-playcare books and toys LAKESIDE COLLECTION Operating Supplies Day Care 64 US-bus tour RUSTICA EDEN PRAIRIE Miscellaneous Economic Development 64 US-usb for squard video BEST BUY Office Supplies Police 62 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 61 US-supplies TARGET Operating Supplies Day Care 60 US-NLC cab AMERICAN TOWN CAR SERVICE Travel Expense City Council 60 US-NLC cab AMERICAN TOWN CAR SERVICE Travel Expense City Council 60 US-vest pouch TACTICALASSAULTGEAR.COM Clothing&Uniforms Police 60 US-office supplies AMAZON.COM Office Supplies Police 57 US-verbal judo AMAZON.COM Training Supplies Police 57 US-port switch AMAZON.COM Computers IT Operating 56 US-towels for lab MENARDS Lab Supplies Water Treatment Plant 56 US-LED dash light EXTREMETACTICALDYNAMICS Equipment Parts Fleet Operating 54 US-NLC cab YELLOW CAB Travel Expense City Council 53 US-electrical supplies MENARDS Operating Supplies Park Maintenance 53 US-earplugs AMAZON.COM Operating Supplies Fitness Center 53 US-press maint MENARDS Repair&Maint.Supplies Water Treatment Plant 52 US-swimming lesson license US MASTERS SWIMMING Licenses,Permits,Taxes,Fees Pool Lessons 51 US-door stops for pool area PROSOURCE SUPPLY Operating Supplies Aquatics Admin. 51 US-filter for shop vac HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance 50 US-continuing ed J Carlson MAAO Prepaid Expenses General Fund 50 US-dues FBI-LEEDA Prepaid Expenses General Fund 50 US-k9 membership PAYPAL INC Prepaid Expenses General Fund 50 US-office supplies AMAZON.COM Office Supplies Police 49 US-NLC cab YELLOW CAB Travel Expense City Council 47 US-hort holiday pots MENARDS Landscape Materials/Supp Park Maintenance 47 US-NLC tax TAXI Travel Expense City Council 46 US-NLC cab YELLOW CAB Travel Expense City Council 45 US-ad for auditions PAYPAL INC Advertising Winter Theatre 45 US-café food CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 44 US-nlc cab YELLOW CAB Travel Expense Administration 44 US-luncheon-Krebs SENSIBLE LAND USE COALITION Miscellaneous Community Development Admin. 44 US-critter food PETCO Operating Supplies Outdoor Center 43 US-cutting blade and bad board AMAZON.COM Operating Supplies Senior Center Programs 43 US-office supplies AMAZON.COM Office Supplies Police 41 US-winterize water fill statio MENARDS Repair&Maint.Supplies Water System Maintenance 41 US-dollhouse for playcare AMAZON.COM Operating Supplies Day Care 41 US-key cabinet MBA USA INC Operating Supplies Street Maintenance 40 US-pest control/air deflector AMAZON.COM Office Supplies Utility Operations-General 40 US-graphics/icons software AFFINITY STORE Software Water Metering 38 US-handcuffs LA POLICE GEAR Clothing&Uniforms Police 38 US-playcare supplies COSTCO Operating Supplies Day Care 37 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 37 US-hardware MENARDS Repair&Maint.Supplies Water Treatment Plant 37 US-café food SUPERAMERICA Merchandise for Resale Concessions 36 US-café food SUPERAMERICA Merchandise for Resale Concessions 36 US-scripts for COA PLAYSCRIPTS,INC Operating Supplies Theatre Initiative 35 US-spray mop AMAZON.COM Operating Supplies Fitness Classes 35 US-in vehicle heater for gear WRIGHT-HENNEPIN COOP Operating Supplies Fire 35 US-raptor supplies TARGET Operating Supplies Outdoor Center 35 US-ULI mentor program URBAN LAND INSTITUTE Prepaid Expenses General Fund 35 US-Vcos conf-key note speaker TURN THE SHIP AROUND Office Supplies Fire 35 US-key cabinet for salt brine MBA USA INC Equipment Parts Snow&Ice Control Amount Explanation Vendor Account Description Business Unit 35 US-chicago trip SAM'S CLUB Operating Supplies Outdoor Center 34 US-odor remover for patch truc PETSMART Operating Supplies Street Maintenance 34 US-dispatch notary CROWN STAMP AND ENGRAVING CO Licenses,Permits,Taxes,Fees Police 34 US-election supplies HOME DEPOT CREDIT SERVICES Operating Supplies City Clerk 33 US-trng tiffany tammy EVENTBRUTE Conference/Training Finance 32 US-muriatic acid MENARDS Repair&Maint.Supplies Water Treatment Plant 32 US-ice spreader for epcc FRATTALLONE'S/MINNETONKA ACE Operating Supplies Community Center Admin 31 US-dvd's for dvd robot AMAZON.COM Office Supplies Police 31 US-water lighting AMAZON.COM Safety Supplies Pool Lessons 30 US-weight bag AMAZON.COM Training Supplies Police 30 US-truck mounts NATOMOUNTS.COM Operating Supplies Fire 30 US-parking lot lights MENARDS Repair&Maint.Supplies Community Center 30 US-safety equip for truck HOME DEPOT CREDIT SERVICES Operating Supplies Fire 30 US-chicago trip LUMES PANCAKE HOUSE Operating Supplies Outdoor Center 29 US-snowblower part MENARDS Equipment Repair&Maint Park Maintenance 29 US-raptor supplies MENARDS Operating Supplies Outdoor Center 28 US-ss yoga coffee EDEN PRAIRIE COMMUNITY CENTER Operating Supplies Fitness Classes 27 US-critter food PETCO Operating Supplies Outdoor Center 27 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 27 US-café food SUPERAMERICA Merchandise for Resale Concessions 27 US-adult class supplies BLICK ART MATERIALS Operating Supplies Arts Center 26 US-sander paper GRIZZLY.COM Equipment Repair&Maint Senior Center Programs 25 US-drone parts BEST BUY Equipment Repair&Maint Public Safety Communications 25 US-mailbox repair HOME DEPOT CREDIT SERVICES Building Materials Street Maintenance 25 US-prize golf league WALGREEN'S#5080 Operating Supplies Senior Center Programs 25 US-fall recognition event KOWALSKI'S MARKET Operating Supplies Internal Events 25 US-critical incident MACKENTHUNS Miscellaneous Police 24 US-mailbox supplies HOME DEPOT CREDIT SERVICES Building Materials Street Maintenance 24 US-ProMag lower receiver WALMART COMMUNITY Training Supplies Police 24 US-shop supplies MENARDS Repair&Maint.Supplies Water Treatment Plant 24 US-oil MENARDS Repair&Maint.Supplies Round Lake 23 US-cafe food CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 23 US-playcare supplies COSTCO Operating Supplies Day Care 23 US-generator part POWERSPORTS PLUS Operating Supplies Fire 22 US-café food CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 22 US-election supplies OFFICEMAX CREDIT PLAN Operating Supplies City Clerk 22 US-black permanent markers AMAZON.COM Operating Supplies Fire 22 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 22 US-café food CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 22 US-café food CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 22 US-toys for playcare AMAZON.COM Operating Supplies Day Care 21 US-raptor supplies MENARDS Operating Supplies Outdoor Center 20 US-toys for playcare AMAZON.COM Operating Supplies Day Care 20 US-drivers safety KOWALSKI'S MARKET Operating Supplies Senior Center Programs 20 US-epermit web security PAYPAL INC Equipment Repair&Maint IT Operating 19 US-equipment outdoor ctr MENARDS Repair&Maint.Supplies Outdoor Center 19 US-steel for sign truck DISCOUNT STEEL INC Operating Supplies Street Maintenance 18 US-usb for squard video BEST BUY Office Supplies Police 18 US-supplies HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Round Lake 18 US-coffee supplies BYERLYS Operating Supplies Senior Center Admin 18 US-batteries HOME DEPOT CREDIT SERVICES Operating Supplies Day Care 17 US-purg electric HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Purgatory Creek Park 17 US-ULI parking IMPARK Mileage&Parking Community Development Admin. Amount Explanation Vendor Account Description Business Unit 16 US-trng tiffany EVENTBRITE Conference/Training Finance 16 US-NLC cab YELLOW CAB Travel Expense City Council 16 US-vertical jump supplies WALGREEN'S#5080 Operating Supplies Fitness Center 16 US-equip for swimming lessons AMAZON.COM Operating Supplies Pool Lessons 16 US-music streaming SPOTIFY Operating Supplies Community Center Admin 16 US-brights STAPLES Training Supplies Police 16 US-postage UPS STORE,THE Operating Supplies Summer Theatre 15 US-Nov monthly meeting GOVERNMENT FINANCE OFFICERS AS Conference/Training Finance 15 US-chicago trip KWIK TRIP STORES Operating Supplies Outdoor Center 15 US-C Millard CC PAYPAL INC Deposits Escrow 14 US-reserve calendar CALENDAR WIZ Operating Supplies Reserves 13 US-hook for pool W W GRAINGER INC Operating Supplies Aquatics Admin. 13 US-D batteries AMAZON.COM Operating Supplies Fitness Classes 13 US-ProMag lower receiver WALMART COMMUNITY Training Supplies Police 13 US-holiday decorations TARGET Operating Supplies Senior Board 13 US-adult class supplies BLICK ART MATERIALS Operating Supplies Arts Center 12 US-election day food BYERLYS Miscellaneous City Clerk 12 US-locker frame OFFICESUPPLY.COM Operating Supplies Fire 11 US-liquor store ads FACEBOOK Advertising Den Road Liquor Store 11 US-liquor store ads FACEBOOK Advertising Prairie View Liquor Store 11 US-liquor store ads FACEBOOK Advertising Prairie Village Liquor Store 11 US-planner for investigator AMAZON.COM Office Supplies Police 11 US-microphone cords MY CABLE MART Operating Supplies Community Center Admin 11 US-pop returned WALGREEN'S#5080 Operating Supplies Senior Center Admin 10 US-toys AMAZON.COM Operating Supplies Day Care 10 US-pop WALGREEN'S#5080 Operating Supplies Senior Center Admin 10 US-office supplies AMAZON.COM Office Supplies Police 10 US-train track-playcare AMAZON.COM Operating Supplies Day Care 10 US-supplies MERLINS ACE HARDWARE Operating Supplies Day Care 10 US-chicago trip KWIK TRIP STORES Operating Supplies Outdoor Center 9 US-NLC cab YELLOW CAB Travel Expense City Council 9 US-phone log OFFICE DEPOT CREDIT PLAN Operating Supplies Street Maintenance 9 US-toys for swimming lessons AMAZON.COM Operating Supplies Pool Lessons 9 US-raptor supplies JERRYS DO IT BEST Operating Supplies Outdoor Center 8 US-café food CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 8 US-café food KWIK TRIP STORES Merchandise for Resale Concessions 8 US-praking training STANDARD PARKING Tuition Reimbursement/School Police 8 US-expo parking STANDARD PARKING Mileage&Parking Economic Development 7 US-water/concrete seal MENARDS Repair&Maint.Supplies Park Maintenance 6 US-keys MINUTE KEY Operating Supplies Outdoor Center 6 US-rink sign screws HOME DEPOT CREDIT SERVICES Operating Supplies Ice Operations 6 US-greater msp parking STANDARD PARKING Mileage&Parking Economic Development 6 US-mtg w/dn tanks parking STANDARD PARKING Mileage&Parking Utility Operations-General 5 US-counter display CVS PHARMACY Miscellaneous Police 5 US-chair repair AMAZON.COM Equipment Repair&Maint Utility Operations-General 5 US-overage charge NIMBLE SCHEDULE Other Contracted Services Community Center Admin 4 US-overage charge NIMBLE SCHEDULE Other Contracted Services Community Center Admin 4 US-tape NAPA AUTO PARTS Repair&Maint.Supplies Water Treatment Plant 4 US-sign fasteners HOME DEPOT CREDIT SERVICES Operating Supplies Ice Operations 3 US-counter display WALMART COMMUNITY Miscellaneous Police 2 US-MN housing mtg parking STANDARD PARKING Mileage&Parking Community Development Admin. 2 US-MN housing mtg parking STANDARD PARKING Mileage&Parking Community Development Admin. 1 US-overage charge NIMBLE SCHEDULE Other Contracted Services Community Center Admin Amount Explanation Vendor Account Description Business Unit 1 US-overage charge NIMBLE SCHEDULE Other Contracted Services Community Center Admin 1 US-overage charge NIMBLE SCHEDULE Other Contracted Services Community Center Admin 1 US-overage charge NIMBLE SCHEDULE Other Contracted Services Community Center Admin 0 US-overage charge NIMBLE SCHEDULE Other Contracted Services Community Center Admin 0 US-overage charge NIMBLE SCHEDULE Other Contracted Services Community Center Admin 0 US-overage charge NIMBLE SCHEDULE Other Contracted Services Community Center Admin 0 US-overage charge NIMBLE SCHEDULE Other Contracted Services Community Center Admin 0 US-overage charge NIMBLE SCHEDULE Other Contracted Services Community Center Admin 0 US-overage charge NIMBLE SCHEDULE Other Contracted Services Community Center Admin -11 US-pop WALGREEN'S#5080 Operating Supplies Senior Center Admin -15 US-C Millard CC refund PAYPAL INC Deposits Escrow -24 US-tax refunded ID WHOLESALER Operating Supplies Community Center Admin -30 US-refund for scripts access PLAYSCRIPTS,INC Operating Supplies Theatre Initiative -32 US-return product HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Purgatory Creek Park -33 US-Credit for tax charged in S AFFORDABLE BUTTONS Deposits Escrow -41 US-refund GOPHER SPORT Operating Supplies Birthday Parties -55 US-refund APBOOKSTORE.COM Dues&Subscriptions Communications -57 US-refund BUCK ART MATERIALS Operating Supplies Arts Center -80 US-Oct16 bldg surchgs DEPT OF LABOR&INDUSTRY Other Revenue General Fund -95 US-refund-Groves UNIVERSITY OF MINNESOTA Tuition Reimbursement/School Police -375 US-refund BCA Tuition Reimbursement/School Police -2,160 US-J Klemp CC BROWLEE VALERIE Deposits Escrow -2,880 US-J Klemp CC BROWLEE VALERIE Deposits Escrow -3,134 US-purchasing card rebate US BANK Other Revenue General Fund 37,151 Report Total CITY COUNCIL AGENDA DATE: SECTION: Appointments January 10, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development/ Appointments to 2017 Board of Appeal and XIII.A. Assessing Equalization(BAE) Requested Action Move to: Appoint to the Board of Appeal and Equalization Lyndon Moquist,Annette O'Connor,Todd L.Walker,Nate Thompson and Kristin Rial for the period of March 1, 2017 through May 31, 2017, or until the Board of Appeal and Equalization completes its work. Synopsis The proposed members for Council approval are Eden Prairie residents and experienced real estate professionals with extensive knowledge of the Southwest metro area. Lyndon Moquist of Edina Realty is involved in the sale of residential properties in the southwest metro area and manages the Eden Prairie office of Edina Realty. Annette O'Connor of Coldwell Banker Burnet Realty is involved in the sale of residential properties in the southwest metro. Todd Walker of Coldwell Banker Burnet Realty is involved in the sale of residential properties in the southwest metro. Nate Thompson of Edina Realty is involved in the sale of residential properties in the southwest metro. Kristin Rial of Edina Realty is involved in the sale of residential properties in the southwest metro. Background From 1992 through 2016,the City has appointed a special Board of Appeal and Equalization(also formerly named the Board of Review). The members are citizen volunteers that are active and knowledgeable,with extensive experience in the real estate market. The members are recruited by the City Manager and City Assessor and appointed annually with confirmation by the City Council. The City pays the members a per diem payment of$50 for all required training sessions and Board meetings. In 2003,the Minnesota legislature passed a law requiring members of Boards of Appeal and Equalization to attend a training session, developed by the Minnesota Department of Revenue, at least once every four years. The Minnesota Department of Revenue also requires that the City document by February I St of the year of the meeting that at least one member of the Board has been trained within the last four years. The law also requires that a member of the Board of Appeal and Equalization that attended training must be in attendance at the meeting. Lyndon Moquist attended training November,2013 and his training is valid to July 1,2017. Nate Thompson completed the online training and his training is valid to July 1,2019. We expect that Todd Walker,Annette O'Conner and Kristin Rial will complete the new on-line training session prior to the Local Board of Appeal and Equalization meeting. CITY COUNCIL AGENDA DATE: SECTION: Report of the Parks and Recreation Director January 17, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Jay Lotthammer, Director, Pickleball Court Development Draft XIV.D.1. Parks and Recreation Feasibility Study Update FYI. Synopsis Representatives of the Southwest Metro Pickleball Association attended the November 7, 2016 Parks, Recreation and Natural Resources Commission meeting to provide an overview of their recent activities and the evolution and growth of pickleball. During the meeting, the representatives requested an analysis of sites in Eden Prairie where multiple courts could be located. The representatives indicated that if a site capable of accommodating eight or more courts was available and the city was willing to partner with them that the Southwest Pickleball Association would explore a funding proposal. Commission members asked staff to explore potential locations and associated costs. Parks and Recreation Director, Jay Lotthammer will review the findings with Council Members and seek input on the fundraising proposal. Attachment Pickleball Court Development Draft Feasibility Study Pickleball Court Development Feasibility Study Parks, Recreation & Natural Resources Commission Review December 5, 2016 Draft Objective Review and analyze locations capable of accommodating eight or more pickleball courts and present the findings to the Parks, Recreation and Natural Resources Commission for feedback and input. History Representatives of the Southwest Metro Pickleball Association attended the November 7th 2016 Parks, Recreation and Natural Resources Commission meeting to provide an overview of their recent activities and the evolution and growth of pickleball. During the meeting, the representatives requested an analysis of sites in Eden Prairie where multiple courts could be located. The representatives indicated that if a site capable of accommodating eight or more courts was available and the city was willing to partner with them that the Southwest Pickleball Association would explore a funding proposal. Commission members asked staff to explore potential locations and associated costs. Eden Prairie Pickleball Court History, Current Locations & Conditions Pioneer Park-Six courts overlaid on two tennis courts in 2012 with portable nets. Courts were refurbished in 2016 with a membrane overlay to improve both court conditions and tennis/pickleball line layout. Riley Lake Park- Six courts overlaid on two lighted tennis courts in 2013 with portable nets. Courts are currently in fair/poor condition and are scheduled to be reconstructed in 2019. Round Lake-Temporary lines for up to 20 pickleball courts are put down annually for the 4th of July tournament. Franlo Park- Courts were reconstructed in 2015 to convert two tennis courts to one tennis and four permanent pickleball courts. 1 Surrounding Court Inventory In or City Location Courts Out Type Updated 11/8/2016 Hyland Hills 2 Outside Multi Tarnhill 1 Outside Multi Westwood 1 Outside Multi Bloomington Westwood 3 Outside Permanent 15 Armory 3 Indoor Multi Armory 3 Outside Multi School District Owned Indian Mounds 2 Outside Multi /City Maintained Community Center 4 Indoor Indoor Shakopee 12 Lions 4 Outside Multi Riverside Fields 4 Outside Multi Williston 2 Indoor Indoor Minnetonka YMCA 3 Indoor Multi Private 13 Meadow 4 Outside Multi Meadow(paved hockey rink) 4 Outside Permanent Chaska Community Center 4 Indoor Multi 10 Lions 6 Outside Multi Canterbury 2 Outside Multi Savage - 6 O'Connell 2 Outside Multi Community Park 2 Outside Multi Rosland 5 Outside Permanent Edina YMCA 3 Indoor Multi Private 10 Good Sam's Church 1 Indoor Multi Private Garden 1 Outside Multi Rec Center 3 Indoor Multi Chanhassen Rec Center 6 Outside Permanent 14 Roundhouse 4 Outside Permanent Lotus Lake 1 Outside Multi Hopkins 2 Activity Center 2 Indoor Multi Franlo 4 Outside Permanent Pioneer 6 Outside Multi Eden Prairie 27 Riley Lake 6 Outside Multi Community Center 4 Indoor Multi Champions Hall 7 Indoor Permanent Private 2 Desired Amenities / Facility Needs Multiple Courts- Due to the social nature of the sport, multiple courts are desired to facilitate large groups in a drop-in format. A large court facility is desired as a tournament and regional attraction. Parking— Based on the use of current courts, parking for 40 or more cars is needed. Restrooms—Current courts have portable restrooms. A location near permanent restrooms is desired. Drinking Water—Although not essential, water is a benefit to the experience. Wind Screens/Fencing-These items facilitate better playing conditions and containment of the balls. Seating/Shade- Players prefer a place to rest and cool off in between games. 3 Location Analysis Staring Lake Park Site A -Site is located adjacent to and could be incorporated as a part of a reconstruction of the current tennis and basketball court. These current courts are in need of reconstruction which could help in the overall square foot cost of a project. The site is flat and is adjacent to restrooms, drinking water and large parking area. Up to 10 pickleball courts could be added. All sites located at Staring Lake would need to consider and coordinate with special event nights and large concert and theater performances. City of Eden Prairie YL �,(J f 1 !, / f __L .`�' .c V /!, 1 N. f 11* „ N. � �V is \ v .t� = - - llO r!r'4dJ a!'�OCr[ �, - • ten . ... :7, ,b, C,,v - iit Description nil tok " Miles d,„�...,.�.,.....,..�.a.....,.. �� t Miles :-..-., p:.....a.tt.v.... v.... Feet I i i I Feet .... w.wa.....w,m..a......,_......«a.....,..-... .. 0 9] W Scale'1640.62 ....�. n....................�a.........,.w.�i...�..,.. o.�...w...i.....�...a.—.e......�.a�,.o.,......•......... Potential Layout #1 #2 #3 Seating #7 #8 Shade Area #4 #5 #6 Seating #9 #10 Shade Area 4 Staring Lake Park Site B-Site is located where the current bocce ball courts and horse shoe courts are. The horse shoe courts are in disrepair and are in need of elimination or reconstruction. Bocce could be reduced and moved to horse shoe court location and pickleball could replace bocce with six courts. Lots of earthwork and grading needed to meet accessibility requirements. Close to parking, but not close to restrooms or drinking water. Close to amphitheater which may cause noise conflicts during performances. -:.-A, fi..\ \\\V\ --1,v,.. , .c.,.:„ .,trz„.,: ,::.,,.‘,; • -1%&is . , at '" ' 6...';ou it, -of-' ,.-•:':: -.-:._k4 "-"..-1-'ft:, ` .,..._ _is„, ,,., -y s_., ,11112:7it, .r .USE,. 7.-1!. ti.4114.1?7.4..0 .::.,-."..' °''', '-Y.,„ V• .-- ''''e4 Site B 4 Courts - - r Site C 1.,. . = 12 Courts w r z f N. Staring Lake Park Site C-This is a flat site located along a current path adjacent to the lacrosse fields. Courts would protrude into a portion of the lacrosse fields. Close to parking, but not close to restrooms or drinking water. 5 Riley Lake Park-This concept works around the current tennis, basketball and volleyball courts. This concept presents construction and cost challenges due to utilities, current lighting and distance to future bathrooms. The heavily used volleyball courts would need to be moved to a different location with lights. There are also concerns about conflicts with high volume weekend use. \. --- - - - ' .x ter: --;: 12 Pickleball Ccurts s =4titi' r=• +.rtiZ ' y ' ', . _ �"'� • '�'' c � _ erg M1 :�Yr, 8 Piekleba I Courtsit 1 �� ;i '� % ..vy " :�:r '.� fit` ist '/ \' 3' kkit :are : ,i ,} tc., •i z'N.,y,A •-, •' I.ti • ` b. l Summary/ Recommendation Staring Lake Park Site A appears to be the best concept/fit. The site is located adjacent to and could be incorporated as a part of a reconstruction of the current tennis and basketball court. These current courts are in need of reconstruction which could help in the overall square foot cost of a project. The site is flat and is adjacent to restrooms, drinking water and large parking area. All sites located at Staring Lake would need to consider and coordinate with special event nights and large concert and theater performances. 6